CORRECTIONS AND OTHER JUSTICE LEGISLATION (AMENDMENT) ACT 2006 (NO 49 OF 2006) - SECT 7 New Divisions 6 and 7 inserted in Part 8
CORRECTIONS AND OTHER JUSTICE LEGISLATION (AMENDMENT) ACT 2006 (NO 49 OF 2006) - SECT 7
New Divisions 6 and 7 inserted in Part 8After Division 5 of Part 8 of the Corrections Act 1986 insert —
'Division 6—Change of Name Applications by prisoners released on parole
79. Application of Division
This Division applies despite anything to the contrary in the Births, Deaths and Marriages Registration Act 1996 .
79A. Definitions
In this Division—
"change of name application" means an application by or on behalf of a prisoner on parole for registration of a change of the prisoner's name;
"prisoner on parole" means a prisoner released on parole that is not subsequently cancelled or deemed to have been cancelled;
"Victorian Registrar" means Registrar of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1996 .
79B. Applications for change of name by or on behalf of a prisoner on parole
(1) In this section, "Registrar" means—
(a) the Victorian Registrar; or
(b) an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages.
(2) A prisoner on parole must not make a change of name application to a Registrar without having first obtained the written approval of the Board.
Penalty: 5 penalty units.
(3) A person must not make a change of name application to a Registrar on behalf of a prisoner on parole unless the written approval of the Board is first obtained.
Penalty: 5 penalty units.
79C. Approval by Board
(1) Subject to sub-section (2), the Board may only approve a change of name application if the Board is satisfied that the change of name is in all the circumstances necessary or reasonable.
(2) The Board must not approve a change of name application if the Board is satisfied that the change of name would, if registered, be reasonably likely—
(a) to be regarded as offensive by a victim of crime or an appreciable sector of the community; or
(b) to be used to evade or hinder supervision of the prisoner on parole during the parole period.
79D. Approval to be notified in writing
If the Board approves a change of name application, the Board must—
(a) as soon as practicable, give written notice of the approval to the person who made the application; and
(b) if the prisoner on parole consents, give a copy of the written notice of approval to the Victorian Registrar.
79E. Registration of change of name
(1) The Victorian Registrar must not register a change of name under the Births, Deaths and Marriages Registration Act 1996 if—
(a) the Victorian Registrar knows that—
(i) the application for the change of name is made by or on behalf of a prisoner on parole; and
(ii) the change of name relates to the name of the prisoner on parole; and
(b) the Victorian Registrar has not received a copy of the notice of approval of the Board to the application under section 79D.
(2) If the Victorian Registrar does not register a change of name because of the operation of sub-section (1), the Victorian Registrar must give written notice of the application to the Secretary of the Board.
79F. Registrar may correct Register
Without limiting section 43 of the Births, Deaths and Marriages Registration Act 1996 , the Victorian Registrar may correct the Register under that section if—
(a) the name of a prisoner on parole on the Register was changed because of a change of name application; and
(b) the Board had not approved that change of name application under section 79C.
79G. Lapse of application on cancellation of parole
A change of name application under this Division by or on behalf of a prisoner on parole lapses if—
(a) the prisoner's parole is cancelled or deemed to be cancelled under section 77; and
(b) the Victorian Registrar has not registered the change of name before that cancellation.
79H. Information-sharing between the Secretary and the Victorian Registrar
Despite any other law to the contrary—
(a) the Secretary must notify the Victorian Registrar of the name (including any other name by which he or she is or has previously been known), date of birth and residential address or addresses of any prisoner on parole; and
(b) if the Secretary has given notification under paragraph (a) in respect of a prisoner on parole, the Secretary must notify the Victorian Registrar as soon as practicable of any cancellation or deemed cancellation of that prisoner's parole.
Division 7—Warrants
79I. Execution of warrants
A warrant issued under this Part must be executed by the use of the original warrant or by the use of a copy of the original warrant, including a copy transmitted by facsimile machine.
79J. Recall and cancellation of warrants
(1) A warrant issued under section 60M(10), 60R(2)(b) or 77(6)(a) by the Board may be recalled and cancelled by the Board.
(2) A warrant issued under section 77(6)(b) by a magistrate may be recalled and cancelled by that magistrate or any other magistrate.
(3) If a warrant has been recalled and cancelled, a fresh warrant may be issued for the same purpose as that for which the recalled warrant was issued.
79K. Duplicate warrants
(1) If a warrant issued under section 60M(10), 60R(2)(b) or 77(6)(a) by the Board or a warrant issued under section 77(6)(b) by a magistrate is lost or destroyed before it is executed, the Board or a magistrate, as the case may be, may issue a duplicate warrant if satisfied by evidence on oath or by affidavit of the loss or destruction of the original warrant.
(2) A duplicate warrant must bear on its face the word "Duplicate" and may be executed in all respects as if it were the original warrant.
(3) When a duplicate warrant is issued, the original warrant becomes null and void and must, if located, be returned—
(a) in the case of a warrant issued by the Board, to the Secretary of the Board;
(b) in the case of a warrant issued by a magistrate, to the principal registrar of the Magistrates' Court.'.