CORRECTIONS ACT 1986
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 3A Meaning of terrorism record
- 3B Meaning of terrorism risk information
- 4 References to prisons to include transition centres
- 5 Act to bind Crown
PART 1A--LEGAL CUSTODY
Division 1--Custody of the Secretary or the Chief Commissioner of Police
- 6 Order of imprisonment
- 6A When is a person in the legal custody of the Secretary?
- 6B When does legal custody of the Secretary cease?
- 6C Persons not regarded to be in the Secretary's legal custody
- 6D When is a person in the legal custody of the Chief Commissioner of Police?
- 6E When does legal custody of the Chief Commissioner cease?
- 6EA Prisoner may request delayed release
- 6F Powers of court or tribunal not to be affected
Division 2--Custody of the Commissioner
- 6G When is a person in the legal custody of the Commissioner?
- 6H When does legal custody of the Commissioner cease?
- 6I Powers of court or tribunal not affected
Division 2A--Arrangements for detention of persons subject to certain orders
- 6J Arrangements for detention of person subject to Commonwealth continuing detention order or Commonwealth interim detention order
- 6K Persons detained under arrangement to be managed under this Act
- 6L Validation
PART 2--ADMINISTRATION
- 7 Functions of Secretary
- 8 Delegation
- 8A Commissioner
- 8AB Delegation by Commissioner
PART 2A--ENGAGEMENT OF CONTRACTORS
Division 1--Correctional services agreements
- 8B Minister may enter into correctional services agreements
- 8C Matters to be included in agreement
- 8CA Minister may grant lease or licence over reserved Crown land
- 8D Agreement to run with land
- 8E Rights of access
- 8F Emergency powers
- 8G Building work
Division 2--Management agreements
- 9 Management agreements
Division 3--Agreements with the Chief Commissioner of Police
- 9AA Agreements with the Chief Commissioner
- 9AB Matters to be included in agreement
- 9AC Rights of access
Division 4--General provisions relating to agreements
- 9A Authorisation of certain staff
- 9B Police inquiry and report
- 9C Status of staff
- 9CA Staff—police gaols
- 9CAA Transport functions
- 9CB Use of reasonable force by staff—police gaols
- 9D Employment of monitors
- 9E Minimum standards
- 9F Application of FOI
PART 3--PRISONS AND POLICE GAOLS
- 10 Establishment of prisons
- 11 Police gaols
- 11A Establishment of transition centres
PART 4--OFFICERS
- 12 Employment under the Public Administration Act
- 12A Authority to exercise powers, functions and duties of community corrections officer or Regional Manager
- 13 Volunteers
PART 5--PRISON OFFICERS AND OTHER OFFICERS WORKING IN PRISONS
Division 1--General
- 14 Definitions
Division 2--Work
- 15 Authorized persons may act as prison officers
- 16 Secretary may authorize medical practitioner to act as principal medical officer or medical officer
- 17 Powers of Secretary
- 18 Prison officer subject to direction of principal of training institutions
- 19 Officers subject to certain directions
- 20 Duties relating to security and welfare
- 21 Duties of Governor
- 22 Reports to Governor
- 22A Powers of Governor
- 23 Control of prisoners
- 23A Use of firearms by police exercising powers of a prison officer
PART 6--MANAGEMENT AND ADMINISTRATION OF PRISONS
Division 1--Management and security of prisons
- 24 Delegation by Governor
- 25 Secretary may nominate person to act as Governor
- 26 Management of prisons in Governor's temporary absence
- 27 Dogs
- 28 Photographing and fingerprinting
- 29 Medical tests and samples
- 29A Prisoners may be tested for drug or alcohol use
- 30 Electronic monitoring of prisoners
- 30A Victim may be given certain copies of orders and information about a prisoner
- 30B Application to be included on victims register
- 30C Inclusion on the victims register
- 30D Secretary may refuse to include nominee details for person included on victims register
- 30E Annual report
- 30F Secretary may prepare guidelines
- 30G Release of information to "family members"
- 30H Confidentiality of information
- 30I Offence to publish information disclosed under section 30A in electronic or print media
- 31 Children
- 31A Offence for prisoner to possess etc. certain items in prison
- 32 Offences relating to prison security
- 32A Offences relating to operation or possession of remotely piloted aircraft or helicopter
- 32B Governor may give authorisation
Division 2--Access to prisons
- 33 Definitions
- 34 Visits by judges or magistrates
- 35 Appointment of independent prison visitors
- 37 Visits by relatives or friends
- 38 Contact visiting and residential visiting
- 39 Exclusion of visitors for security reasons
- 40 Visits by lawyers and their assistants
- 41 Visits by the police
- 42 Visitors to give prescribed information
- 43 Governor may refuse or terminate visits for security reasons
- 43A Access to prison for taking DNA profile sample
Division 3--Search and seizure
Division 4--Prisoners rights
Division 4A--Letters and parcels to and from prisoners
- 47AA Definitions
- 47A Suspected dangerous letters and parcels may be disposed of
- 47B Certain confidential letters and parcels may be inspected
- 47C All other letters and parcels may be opened and read
- 47CA Certain letters and other items may be copied and disposed of
- 47D When letters and parcels may be stopped and censored
- 47DA Offence for prisoner to send distressing or traumatic letters and parcels
- 47DB Governor may place parcels in storage
- 47E Letter and parcel register
Division 5--Change of name applications by prisoners
- 47F Application
- 47G Definitions
- 47H Applications for change of name by or on behalf of a prisoner
- 47I Approval by Secretary
- 47J Approval to be notified in writing
- 47K Registration of change of name
- 47L Registrar may correct Register
- 47M Information-sharing between the Secretary and the Victorian Registrar
Division 6--Approval of making of acknowledgement of sex applications--prisoners
- 47N Offence to make acknowledgement of sex application without approval
- 47O Application by prisoner or other person for approval of Secretary
- 47P Approval by Secretary of the making of acknowledgement of sex application
- 47Q Copy of approval or refusal of Secretary
- 47R Request for information from the Victorian Registrar
PART 7--PRISON DISCIPLINE
- 48 Definitions
- 49 Disciplinary officers
- 50 Prison offences
- 51 Governor's action where charge laid
- 52 Secretary may nominate Governor to hear charge
- 53 Governor's hearing
- 54A Power of Secretary to withdraw privileges
PART 8--TEMPORARY ABSENCE FROM PRISON
Division 1--Definitions
- 55 Definitions
Division 1A--Escort officers
- 55A Powers of Secretary in relation to escort officers
- 55B Escort officers subject to direction of court or tribunal
- 55C Functions and powers of escort officers in relation to prisoners
- 55D Authorisation of instruments of restraint
- 55E Use of reasonable force
- 55EA Issue of firearms to escort officers
- 55EB Discharge of firearms
- 55EC Discharge of non-lethal firearm
- 55F Report to Secretary
- 55G Functions and powers of escort officers in relation to persons surrendering to court
- 55H How are things seized by an escort officer to be dealt with?
- 55I Powers of police officers and police custody officers
- 55J Additional powers of escort officers
Division 1B--Security officers
- 55K Functions of security officers
- 55L Powers of security officers
- 55M Seizure of things—how dealt with, reporting and recording
- 55N Report of use of force or application of instrument of restraint
- 55O No liability
- 55P Protective services officer may exercise powers of security officer under this Division
Division 2--Transfer of prisoners
- 56 Transfers between prisons
- 56AA Transfers to and from police gaols
- 56AB Legal custody of prisoners and detainees transferred to institutions and designated mental health services
- 56AC Transfers to and from transition centres
Division 2A--Absence to give evidence at foreign proceedings
- 56A Arrangements with Commonwealth
Division 2B--Police custody transfer orders
- 56B Application for police custody transfer order
- 56C Application to be determined on the papers and information to be in custody of the Court
- 56D Court may make police custody transfer order
- 56E Information to be provided on return of person to legal custody of Secretary
- 56F Revocation of police custody transfer order
Division 3--Custodial community permits
- 57 Custodial community permits
- 57A Corrections administration permit
- 57B Rehabilitation and transition permit
- 57C Fine default permit
- 57D Provisions applying to all custodial community permits
- 58 Breach of custodial community permit
- 58A Powers of Secretary with respect to custodial community permits
- 58B Visitors to give prescribed information
- 58C Governor may refuse or terminate visits for security reasons
- 58D Offence to give item to prisoner
Division 3A--Emergency management days
- 58E Emergency management days
Division 5--Parole
- 61 Establishment of Board
- 61A Chairperson and deputy chairpersons
- 62 Deputy members
- 63 Terms of office
- 64 Divisions
- 65 Chairing of meetings
- 66 Meetings
- 66A Secretary of Adult Parole Board
- 67 Secretary of the Board or member may act on behalf of Board
- 68 Evidentiary
- 69 Functions of Board
- 70 Secretary to supply assistance to Board
- 71 Evidence
- 71A Power of Board to compel production of documents and other things or attendance of witnesses
- 71B Variation or revocation of notice to produce or notice to attend
- 71C Service of notice to produce or notice to attend
- 71D Power of Board to compel attendance of witnesses does not affect power of Board to direct prisoners on parole to attend for interview
- 71E Appearance by audio visual link
- 71F Notice to attend issued to person in custody
- 71G Power to take evidence on oath or affirmation
- 71H Offence to fail to comply with a notice to produce or attend
- 71I Offence to fail to take oath, make affirmation or answer question
- 71J Costs of attending meeting of the Board
- 71K Protection of participants at Board meeting
- 72 Reports
- 73 Officers subject to Board's directions
- 73A Safety and protection of the community paramount in parole decisions
- 74 Release on parole after service of non-parole period
- 74AAA Conditions for making parole order for prisoner who murdered police officer
- 74AA Conditions for making a parole order for Julian Knight
- 74AB Conditions for making a parole order for Craig Minogue
- 74AC Conditions for making a parole order for Paul Denyer
- 74AABA Conditions for making a parole order for person imprisoned for certain fatal offences
- 74AAB Parole decisions made by Serious Violent Offender or Sexual Offender Parole Division
- 74AAC Parole decisions where terrorism risk information provided to Board
- 74AAD Board must specify no-return period in certain circumstances
- 74AAE Restricted prisoners
- 74AAF Restricted prisoner reports
- 74AAG Restricted prisoner declarations
- 74A Victim submissions
- 74B How does the Board deal with victim submissions?
- 75 Young offenders—sentence and non-parole period
- 76 Persons on parole deemed still under sentence
- 76A Secretary may direct that prisoner be tested for alcohol or drug use
- 77 Cancellation of parole
- 77A Revocation of cancellation
- 77B Return of prisoner to prison on cancellation of parole
- 77C Power to direct that time on parole is time served
- 77D Board may arrange for examination of prisoner
- 78 Prisoners may be released on parole more than once
- 78A Offence to breach a term or condition of parole
- 78B Arrest and detention for breach of parole order
- 78C Consideration by Board of breach of terms and conditions of parole
- 78D Application of certain provisions of the Crimes Act 1958 and the Bail Act 1977
- 78E Time in detention is time served
Division 5A--Safety powers that may be exercised in supervision of prisoners on parole
- 78F Definitions for Division 5A
- 78G When may the powers under this Division be exercised?
- 78H General powers
- 78I Search
- 78J Seizure
- 78K Warning that search or seizure is to occur and that reasonable force may be used
- 78L Report of use of force or application of restraint
- 78M Register of seized things
- 78N Things seized must be photographed or otherwise recorded
- 78O Specified officer must provide receipt for seized thing
- 78P Prisoner on parole to submit to testing
- 78Q Secretary to approve test procedures
- 78R Taking of samples of drug and alcohol
- 78S Reports, returns and records
- 78T No liability
Division 6--Change of name applications by prisoners released on parole
- 79 Application of Division
- 79A Definitions
- 79B Applications for change of name by or on behalf of a prisoner on parole
- 79C Approval by Board
- 79D Approval to be notified in writing
- 79E Registration of change of name
- 79F Registrar may correct Register
- 79G Lapse of application on cancellation of parole
- 79H Information-sharing between the Secretary and the Victorian Registrar
Division 6A--Approval of making of acknowledgement of sex applications--prisoners on parole
- 79HA Definition
- 79HB Offence to make acknowledgement of sex application without approval
- 79HC Application by prisoner on parole or other person for approval of Board
- 79HD Approval by Board of the making of acknowledgement of sex application
- 79HE Copy of approval or refusal of Board
- 79HF Lapse of application on cancellation of parole
Division 7--Warrants
Division 8--Removal of electronic monitoring devices and equipment
- 79L Who may remove electronic monitoring devices and equipment
- 79M Commissioner may authorise employee to exercise powers of officer
PART 8A--INTERSTATE LEAVE OF ABSENCE FOR PRISONERS
- 80 Definitions
- 81 Interstate laws
- 82 Custodial interstate community permit
- 83 Effect of permit
- 84 Variation or revocation of permit
- 84A Breach of permit
- 84B Notice to participating State and transit States
- 84C Effect of permit issued under interstate law
- 84D Apprehension of prisoner who escapes or fails to return etc.
- 84E Escape from custody—penalty
- 84EA Liability for prisoners on leave
PART 8B--PRISON INDUSTRIES
Division 1--Prison industry sites and prison industries
- 84F Appointment of prison industry sites
- 84G Secretary may carry on business for prison industries
- 84H Secretary may direct prisoners and offenders to work
PART 9--COMMUNITY CORRECTIONS
Division 1--Definitions
- 85 Definitions
Division 2--Establishment of community corrections centres and regional centres
- 86 Community corrections centres
- 87 Regions
- 88 Regional centres
Division 3--Officers
- 89 Officers subject to Regional Manager's directions
- 90 Powers and duties of officers
- 92 Additional duties of Regional Manager
Division 4--Discipline of offenders
- 93 Additional directions by community corrections officers
- 94 Regional Manager may deal with acts of misconduct
Division 5--Community corrections programmes
- 95 Approval of community corrections programmes
Division 6--Management and administration of locations
- 96 Officer subject to directions of Principal of training institution
- 97 Secretary may nominate person to act as Regional Manager
- 98 Management of region in Regional Manager's temporary absence
- 99 Photographing
- 99A Offenders may be tested to assess whether under the influence of alcohol or any drug
- 100 Search
- 101 Seizure
- 102 Delegation
- 103 Access to community corrections centres and locations
- 104 Offender subject to Secretary's directions
Division 6A--Removal of electronic monitoring devices and equipment
- 104AAA Who may remove electronic monitoring devices and equipment
- 104AAB Commissioner may authorise employee to exercise powers of officer
Division 7--Sentencing Advisory Council to report on offenders subject to community correction orders
- 104AA Annual report
PART 9A--MANAGEMENT OF POLICE GAOLS AND TRANSFER, TRANSPORT ANDSUPERVISION POWERS
Division 1--Preliminary
- 104A Definitions
- 104AB Powers limited to certain police gaols
Division 2--Management powers in police gaols
- 104AC Management of visitors in police gaols
- 104AD Detained persons to give certain information
- 104AE Orders to detained persons
- 104AF Power to take photographs of detained persons
- 104AG Offence to disobey a lawful order
- 104AH Power to restrain detained persons
Division 3--Search and seizure powers in police gaols
- 104B Formal searches in police gaols
- 104C Search powers
- 104D Seizure
Division 4--Transport and supervision of persons by police custody officers
- 104DA Police custody officers to transport persons at Chief Commissioner's direction
- 104DB Functions and powers of police custody officers in relation to persons they transport or supervise
- 104DC Transport or supervision authorised under other enactments and instruments
Division 5--General
- 104DD Use of reasonable force by police custody officers
- 104DE Dealing with seized items
- 104DF General power to authorise transfers of detained persons
PART 9B--PROVISIONS CONCERNING MONITORED SERIOUS SEX OFFENDERS
Division 1--Preliminary matters
- 104E Definitions
Division 2--Monitored people at community corrections centres
- 104F Application of this Division
- 104G Obligations of the officer in charge of the centre
- 104H Monitored person must comply with certain directions
- 104I Officers may use force to enforce directions in certain circumstances
- 104J Officers to give reports if required
- 104K Photographing
Division 3--Provisions applying to monitored people receiving visits from officers
Division 4--Obligations of regional managers
- 104N Regional Manager to ensure that officers have access to certain information
PART 9C--PRISONER COMPENSATION QUARANTINE FUNDS
Division 1--Introductory
Division 2--Awards of damages to prisoners
- 104S Agreements must be approved by court
- 104T Determination of amounts for medical and legal costs
- 104U Matters to be considered by court
Division 3--Payment of money to prisoner compensation quarantine fund
- 104V Damages awarded to prisoner to be paid to prisoner compensation quarantine fund
- 104W Prisoner compensation quarantine funds
Division 4--Notice of prisoner compensation quarantine fund
- 104X Victim may ask to be notified of award of damages to prisoner
- 104Y Notice to victims published
- 104Z Notice to victims directly
- 104ZA Applications for information
- 104ZB Disclosure of information by Secretary authorised
- 104ZC Confidentiality of information
- 104ZD Offence to disclose information
- 104ZE Notice to Secretary by victim
- 104ZF Notice to Secretary by creditors
Division 5--Payments out of prisoner compensation quarantine fund
- 104ZG Payments out of fund where legal proceedings notified
- 104ZH Payments out of fund where notice from creditor received
- 104ZI Restriction not to affect payment of administration costs
- 104ZJ Payments out of fund where no notice given
- 104ZK Payments taken to be payments at direction of prisoner
- 104ZL When are legal proceedings finally determined
Division 6--General
PART 9D--ACCIDENT COMPENSATION
- 104ZO Definition
- 104ZP Application of Part
- 104ZQ When is compensation payable?
- 104ZR Compensation for personal injuries
- 104ZS Compensation for loss of or damage to property
- 104ZT Jurisdiction
- 104ZU Authority to represent Crown
- 104ZV Compensation otherwise payable
- 104ZW Payments
PART 9E--DISCLOSURE OF INFORMATION
- 104ZX Definitions
- 104ZY Authorisation to use or disclose information
- 104ZYA Information exchange with other parole decision‑making bodies
- 104ZZ Authorisation to disclose information given to Adult Parole Board
- 104ZZAA Authorisation to disclose certain information related to certain matters before the Board
- 104ZZA Offence to use or disclose personal or confidential information unless authorised
- 104ZZB Use or disclosure of information for research purposes
PART 10--GENERAL
- 105 Proceedings for offences
- 105A Offences by bodies corporate
- 106 Judicial notice of signatures
- 107 Construction of references
- 108 Apprehension of escaped prisoners
- 108A Return of prisoner unlawfully released
- 109 Grants by Minister
- 110 Disclosure of certain information is not breach of section 4 of Judicial Proceedings Reports Act 1958
- 111 Sheriff's power not affected
- 111A Supreme Court—limitation of jurisdiction
- 112 Regulations
- 112A Additional regulation-making powers—firearms
- 112B Validation of regulations
PART 10A--VALIDATION
PART 11--TRANSITIONAL PROVISIONS
- 113 Act to apply to prison sentences etc. before date of commencement
- 114 Transitional provisions—legal custody
- 115 Transitional provisions—Criminal Justice Legislation (Miscellaneous Amendments) Act 2002
- 115A Transitional provisions—change of name applications
- 115B Transitional provision—Corrections and Other Justice Legislation (Amendment) Act 2006
- 116 Transitional provision—victims register
- 117 Transitional provision—Corrections Amendment Act 2008
- 118 Transitional provision—Justice Legislation Further Amendment Act 2009
- 119 Transitional provision—Justice Legislation Amendment Act 2010
- 120 Transitional provision—Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011
- 121 Transitional provision—Corrections Amendment Act 2013
- 122 Transitional provisions—Justice Legislation Amendment (Cancellation of Parole and Other Matters) Act 2013
- 123 Transitional provisions—Corrections Amendment (Breach of Parole) Act 2013
- 124 Transitional provisions—Corrections Amendment (Parole Reform) Act 2013
- 125 Transitional provisions—Corrections Legislation Amendment Act 2014
- 126 Transitional provision—Corrections Legislation Amendment Act 2015
- 127 Transitional—Justice Legislation Amendment (Parole Reform and Other Matters) Act 2016
- 127A Transitional—Corrections Amendment (Parole) Act 2018
- 128 Transitional—Corrections Legislation Miscellaneous Amendment Act 2017
- 129 Transitional—Justice Legislation Amendment (Terrorism) Act 2018
- 130 Transitional provisions—Serious Offenders Act 2018
- 131 Transitional—Justice Legislation Amendment (Serious Offenders and Other Matters) Act 2019
- 132 Transitional—Corrections Amendment (Parole Reform) Act 2023