Victorian Consolidated Legislation

Corrections Act 1986 - SECT 9A

Authorisation of certain staff

9A. Authorisation of certain staff





(1) The Secretary may, by instrument, authorise a contractor under Division 1
or 2 or a sub-contractor of that contractor or a person employed by that
contractor or sub-contractor to exercise all or any of the functions or powers
under this Act or the regulations or under any other Act or the regulations
under that Act of-



   (a)  the Secretary; or





   (b)  an officer within the meaning of Part 5; or

   (c)  an officer within the meaning of Part 9; or





   (d)  an escort officer.





(1A) The Chief Commissioner of Police may, by instrument, authorise a
contractor under Division 3 or a sub-contractor of that contractor or a person
employed by that contractor or sub-contractor to exercise all or any of the
functions or powers as may be exercised under section 27 of the Bail Act 1977
or Part 9A of this Act or under the regulations made under this Act by a
member of the police force.

(1B) The Chief Commissioner may, by instrument, authorise a contractor under
an agreement entered into under section 9AA or a sub-contractor of that
contractor or a person employed by that contractor or sub-contractor-

   (a)  to carry out the transport of any persons or class of persons in
        accordance with that agreement and to detain those persons while being
        transported; and

   (b)  to have and exercise all or any of the following functions-

   (i)  to take all reasonable steps to ensure a person being transported
        remains in the physical custody of the authorised person;

   (ii) to take all reasonable steps to ensure that the safety and welfare of
        a person being transported are maintained;

   (iii) to take all reasonable steps to prevent and detect the commission by
        a person being transported of any unlawful act or any attempt to
        commit an unlawful act;

   (iv) to report to the Chief Commissioner of Police on the commission by a
        person being transported of any unlawful act or any attempt to commit
        an unlawful act;

   (v)  to take all reasonable steps to ensure the good order and discipline
        of a person being transported;

   (vi) to take all reasonable steps to attend to the security of any property
        that is in the possession of a person being transported;

   (vii) to take all reasonable steps to ensure the person is transported to
        or from the appropriate place as required by the Chief Commissioner of
        Police;

   (viii) to take all reasonable steps to ensure that the person is
        transferred-

                (A)  into the physical custody of another person acting on
                     behalf of the Chief Commissioner of Police; or

                (B)  if legal custody of the person is authorised to be
                     transferred to a person other than the Chief
                     Commissioner, into the physical custody of a person
                     acting on behalf of the person to whom legal custody is
                     to be transferred;

   (c)  to exercise all or any of the following powers in relation to the
        functions set out in paragraph (b)-

   (i)  to order a person being transported to do or not to do anything which
        the authorised person believes on reasonable grounds is necessary for
        the safety of the authorised person, the person being transported or
        any other person;

   (ii) to search and examine a person being transported or any thing in the
        person's possession or under the person's control if the authorised
        person believes on reasonable grounds that this is necessary for the
        safety of the authorised person, the person being transported or any
        other person;

   (iii) to seize any thing found on a person being transported or in that
        person's possession or under that person's control if the authorised
        person believes on reasonable grounds that this is necessary for the
        safety of the authorised person, the person being transported or any
        other person;

   (iv) subject to subsection (2A), to apply an authorised instrument of
        restraint to a person being transported if the authorised person
        believes on reasonable grounds that the application of the instrument
        of restraint is necessary to prevent the escape of the person being
        transported or the assault of, or injury to, any person.

(2) An authority may be given subject to any conditions or limitations that
are stated in it.

(2A) A person authorised under subsection (1B)(c)(iv) may apply an instrument
of restraint to a person being transported only if-

   (a)  the instrument, or type of instrument, is approved by the Chief
        Commissioner of Police; and

   (b)  the instrument is used in the manner determined by the Chief
        Commissioner of Police.

(3) A contractor or sub-contractor or a person employed by a contractor or
sub-contractor is incapable of exercising any function or power referred to in
subsection (1), (1A) or (1B) except in accordance with an authority given
under that subsection.

(4) The Secretary or the Chief Commissioner of Police may refuse to give an
authority to any person if he or she considers that it is in the public
interest not to give it.



(5) Without limiting subsection (4), the Secretary or the Chief Commissioner
of Police may refuse to give an authority-





   (a)  to any person who has not undertaken a relevant course of training or
        instruction accredited by the Secretary or the Chief Commissioner of
        Police for the purposes of this Part; or

   (b)  to any person whom the Secretary or the Chief Commissioner of Police
        considers not to be a fit and proper person to be so authorised for
        any reason including criminal record, character or educational
        standard.

(6) After giving the person a reasonable opportunity to be heard, the
Secretary or the Chief Commissioner of Police may at any time revoke an
authority given by him or her to that person if he or she considers that it is
in the public interest to do so.

(7) Without limiting subsection (6), the Secretary or the Chief Commissioner
of Police may revoke an authority given by him or her if-





   (a)  in the opinion of the Secretary or the Chief Commissioner of Police it
        ought not to have been given having regard to subsections (4) and (5);
        or



   (b)  the person has failed to comply with any provision of this Act or the
        regulations or with any direction given to him or her under this Act
        or the regulations.



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