SENTENCING ACT 1991 - SECT 10AA
Custodial sentence for certain offences against emergency workers, custodial officers and youth justice custodial workers on duty
SENTENCING ACT 1991 - SECT 10AA
Custodial sentence for certain offences against emergency workers, custodial officers and youth justice custodial workers on duty
(1) Subject to subsection (2), in sentencing an
offender (whether on appeal or otherwise) for an offence against a section of
the Crimes Act 1958 specified in column 1 of Table 1 committed against an
emergency worker on duty, a custodial officer on duty or a
youth justice custodial worker on duty, a court must impose a term of
imprisonment and fix under section 11 a non-parole period of not less than the
period specified in column 2 of that Table in relation to that offence
unless the court finds under section 10A that a special reason exists.
(2) In the circumstances described in subsection
(3), in sentencing a young offender for an offence against a section of the
Crimes Act 1958 specified in column 1 of Table 2 committed against an
emergency worker on duty, a custodial officer on duty or a
youth justice custodial worker on duty, a court is not required to impose
a term of imprisonment and fix a non‑parole period in accordance with
subsection (1) or impose a term of imprisonment in accordance with subsection
(4) but, if it decides not to do so, it must make a youth justice centre order
for a term not less than the term specified in column 2 of that Table in
relation to that offence.
(a) who is involved in the
commission of the offence within the meaning of section 323(1)(a) or (b)
of the Crimes Act 1958and proves on the balance of probabilities that
the offender's involvement was minor; or
(c) a person authorised under
section 9A(1) of the Corrections Act 1986 to exercise a function or power of
a Governor, a prison officer or an escort officer under that Act; or
(d) a person authorised under
section 9A(1A) or (1B) of the Corrections Act 1986to exercise a
function or power referred to in that subsection;
"emergency treatment" means unplanned or unexpected treatment of a patient
that may be necessary, as a matter of urgency—
(a) to save the patient's life; or
(b) to prevent damage to the
patient's health; or
(c) to prevent the patient from
suffering or continuing to suffer pain or distress;
(c) a person employed or engaged to
provide, or support the provision of, emergency treatment to patients in a
hospital; or
(d) a person employed by Fire Rescue
Victoria established under the Fire Rescue Victoria Act 1958or a member of a
fire or emergency service unit established under that Act; or
(f) an officer or member of a
brigade under the Country Fire Authority Act 1958 , whether a part-time
officer or member, a permanent officer or member or a volunteer officer or
member within the meaning of that Act; or
(i) a person
with emergency response duties employed in the Department of Environment,
Land, Water and Planning or the Department of Transport or the Department of
Jobs, Precincts and Regions; or
(j) a registered member or
probationary member within the meaning of the
Victoria State Emergency Service Act 2005or an employee in the Victoria State
Emergency Service; or
(i) required or
permitted under the terms of their employment by, or contract for services
with, the Crown or a government agency to respond (within the meaning of the
Emergency Management Act 2013) to an emergency (within the meaning of
that Act); or
(ii) engaged by
the Crown or a government agency to provide services or perform work in
relation to a particular emergency; or
(m) any other person or body
who—
(i) is employed
or engaged in another State or a Territory or by the Commonwealth to perform
functions of a similar kind to those referred to in any other paragraph of
this definition; and
(b) whose duties include duties in
relation to detainees in the custody of the Secretary.
(9) For the purposes of this section an
emergency worker is on duty if—
(a) in the case of a police officer
or protective services officer within the meaning of the
Victoria Police Act 2013, the officer is performing any duty or exercising
any power as such an officer; or
(b) in the case of an operational
staff member within the meaning of the Ambulance Services Act 1986, the staff
member is providing, or attempting to provide, care or treatment to a patient;
or
(c) in the case of a person employed
or engaged to provide, or support the provision of, emergency treatment to
patients in a hospital, the person is providing, or supporting the provision
of, or attempting to provide or support the provision of, such treatment; or
(ca) in the case of a person
employed or engaged in another State or a Territory or by the Commonwealth to
perform functions of a similar kind to an emergency worker, the person is on
duty at any time when the person is performing a function or exercising a
power as an emergency worker; or
(d) in any other case, the person is
performing any duty or exercising any power in response to an emergency within
the meaning of the Emergency Management Act 2013 .
(10) For the purposes of this section a
custodial officer is on duty if—
(a) in the case of a Governor,
prison officer or escort officer within the meaning of the
Corrections Act 1986, the Governor or officer is exercising a function or
power as a Governor, prison officer or escort officer (as the case may
be); or
(b) in the case of a police custody
officer within the meaning of the Victoria Police Act 2013, the officer
is exercising a function or power as a police custody officer; or
(c) in the case of a person
authorised under section 9A(1) of the Corrections Act 1986to exercise a
function or power of a Governor, a prison officer or an escort officer under
that Act, the person is exercising a function or power specified in the
instrument of authorisation; or
(d) in the case of a person
authorised under section 9A(1A) or (1B) of the Corrections Act 1986, the
person is exercising a function or power specified in the instrument of
authorisation.