Victorian Consolidated Legislation

Corrections Act 1986 - SECT 30A

Victim may be given certain information about a prisoner

30A. Victim may be given certain information about a prisoner





(1) In this section-



criminal act of violence means-

   (a)  an offence that involves an assault on, or injury or a threat of
        injury to, a person which is punishable by imprisonment;

   (b)  an offence against Subdivision (8A), (8B), (8C), (8D) or (8E) of
        Division 1 of Part I of the Crimes Act 1958 or any corresponding
        previous enactment (sexual offences);

   (c)  an offence at common law of rape or assault with intent to rape;

   (d)  an offence against section 21A(1) of the Crimes Act 1958 (stalking) or
        any corresponding previous enactment;

   (e)  an offence against section 63 of the Crimes Act 1958 (child stealing)
        or any corresponding previous enactment;

   (f)  an offence against section 63A of the Crimes Act 1958 (kidnapping) or
        any corresponding previous enactment;

   (g)  an offence against section 77 of the Crimes Act 1958 (aggravated
        burglary) or any corresponding previous enactment;

   (ga) an offence against section 318(1) of the Crimes Act 1958 (culpable
        driving causing death) or any corresponding previous enactment;

   (gb) an offence against section 319(1) of the Crimes Act 1958 (dangerous
        driving causing death or serious injury) or any corresponding previous
        enactment;

   (gc) an offence against section 61(3) of the Road Safety Act 1986 (failing
        to stop and render assistance after a motor vehicle accident causing
        death or serious injury) or any corresponding previous enactment;

   (h)  an offence of conspiracy to commit, incitement to commit or attempting
        to commit an offence referred to in paragraphs (a) to (gc);

   (i)  an offence against the law of another jurisdiction in Australia which
        substantially corresponds to an offence referred to in paragraphs (a)
        to (h); extended supervision order means an extended supervision order
        within the meaning of the Serious Sex Offenders Monitoring Act 2005 or
        an interim extended supervision order within the meaning of that Act;

family member, in relation to a person, means that person's-

   (a)  spouse or domestic partner;

   (b)  child or step-child aged 18 years or more;

   (c)  parent, step-father, step-mother or legal guardian;

   (d)  brother, sister, step-brother or step-sister aged 18 years or more;

   (e)  grandparent;

   (f)  grandchild aged 18 years or more;

   (g)  uncle or aunt;

   (h)  niece or nephew aged 18 years or more;

   (i)  father-in-law, mother-in-law, son-in-law, daughter-in-law,
        brother-in-law or sister-in-law aged 18 years or more; relevant
        offence means a relevant offence within the meaning of the
        Serious Sex Offenders Monitoring Act 2005;

victim means-

   (a)  a person who has had a criminal act of violence committed against him
        or her;

   (b)  a family member of a person who has died as a direct result of a
        criminal act of violence committed against that person;

   (c)  a family member of a person who-

   (i)  has had a criminal act of violence committed against that person; and

   (ii) is under 18 years of age or is incapable of managing his or her own
        affairs because of mental impairment;

   (d)  a person who-

   (i)  is or has been the spouse or domestic partner of a prisoner or of an
        offender who is or was subject to an extended supervision order, or an
        application for an extended supervision order; and

   (ii) is a protected person under a final order under the
        Family Violence Protection Act 2008, for which the prisoner or
        offender (as the case may be) is the respondent.

(2) Subject to section 30G, the Secretary may give a person included on the
victims register in respect of an offence for which a prisoner is serving a
sentence of imprisonment some or all of the following information-

   (a)  details about the length of the prisoner's sentence for the offence
        and of any other sentences of imprisonment that the prisoner is liable
        to serve;

   (b)  the date on which, and the circumstances in which, the prisoner was,
        is to be or is likely to be released for any reason (including release
        on bail, custodial community permit, home detention or parole);

   (c)  details of any escape by the prisoner from the legal custody of the
        Secretary or any other person.

(2AA) Subject to subsection (2AB) and section 30G, the Secretary may give a
person included on the victims register in respect of a relevant offence for
which an offender is or was subject to an extended supervision order, or an
application for an extended supervision order, some or all of the following
information in respect of the offender-

   (a)  the making of an application for an extended supervision order and
        whether such an order was made, whether on appeal or otherwise;



   (b)  if an extended supervision order is made or renewed-

   (i)  the date on which it commences, the period of the order and any
        instructions or directions, or any variation of the instructions or
        directions, given to the offender by the Adult Parole Board under
        section 16(2) of the Serious Sex Offenders Monitoring Act 2005 that
        are relevant to the person;

   (ii) details of any changes affecting the operation of the order;

   (c)  if the extended supervision order is suspended or revoked, the date of
        suspension or revocation, and the date on which a suspended order
        recommences operation.

(2AB) Subsection (2AA) applies-

   (a)  despite an order made under section 42 of the
        Serious Sex Offenders Monitoring Act 2005 unless the order expressly
        prohibits publication to a victim; and

   (b)  despite sections 43 and 44 of the
        Serious Sex Offenders Monitoring Act 2005.

(2A) If a person included on the victims register has a nominee whose details
have been included under section 30D in respect of the person included on the
victims register, the Secretary may give information under subsection (2) or
(2AA) to the nominee on behalf of that person.

(3) The Secretary must not disclose the information if the Secretary
reasonably believes the disclosure of the information might endanger the
security of any prison or the safe custody and welfare of the prisoner or any
other prisoner or the safety or welfare of the offender or the safety or
welfare of any other person.