Victorian Consolidated Legislation

Corrections Act 1986 - SECT 6C

Persons not regarded to be in the Secretary's legal custody

6C. Persons not regarded to be in the Secretary's legal custody



(1) Despite section 6A, the following persons are not to be regarded as being
in the Secretary's legal custody-

   (a)  a person who is on parole;

   (b)  a person who is serving a combined custody and treatment order and who
        is in the community under that order;

   (ba) a person who is subject to a drug treatment order and who is in the
        community under that order;

   (bb) a person who is serving a sentence of imprisonment by way of home
        detention;



   (bc) a person who is absent from a prison under a fine default permit;



   (c)  a person who is serving a sentence of imprisonment by way of intensive
        correction in the community;





   (d)  a person who is serving a sentence of imprisonment that was wholly or
        partly suspended and who is in the community in accordance with that
        sentence.

(2) A person is on parole if there is in force a parole order relating to the
person and the person is serving a sentence of imprisonment but is not
detained in a prison.

(3) A person is in the community under a drug treatment order even if he or
she is-

   (a)  submitting to residential detoxification or other treatment in
        accordance with a program condition attached to the order; or

   (b)  at a place in accordance with an order under section 18ZL(1)(c) or (e)
        of the Sentencing Act 1991.