Victorian Consolidated Legislation

Corrections Act 1986 - SECT 6B

When does legal custody of the Secretary cease?

6B. When does legal custody of the Secretary cease?



(1) A person ceases to be in the legal custody of the Secretary-

   (a)  on the expiration of the person's sentence of imprisonment, or if the
        person is serving more than one sentence of imprisonment, on the
        expiration of all of those sentences of imprisonment, unless the
        person is also in that custody for some other reason; or

   (b)  when the Secretary acting under lawful direction or authority releases
        the person from the Secretary's legal custody; or

   (c)  when the legal custody of the person is lawfully transferred from the
        Secretary to the Chief Commissioner of Police or another person; or

   (ca) if the person is being detained under an order referred to in section
        6(ca), during any period when he or she is taken not to be detained
        under the order by force of section 13V of the
        Terrorism (Community Protection) Act 2003 or section 105.26 of the
        Criminal Code of the Commonwealth; or

   (d)  if the person is in a prison or is in the physical custody of an
        officer within the meaning of Part 5 or an escort officer or of a
        person acting under lawful authority on behalf of the Secretary, when
        the person escapes from that prison or physical custody; or

   (e)  if the person is in the community in the legal custody of the
        Secretary, when the person does anything that constitutes an offence
        under section 479C(2) or (3) of the Crimes Act 1958.

(2) Despite subsection (1)(a), a person being detained under an order referred
to in section 6(ca) who is in the legal custody of the Secretary does not
cease to be in the legal custody of the Secretary on the expiration of the
order if-

   (a)  another such order comes into force in relation to the person
        immediately after that expiration; or

   (b)  another such order continues in force in relation to the person.