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CORRECTIONS ACT 1986 - SECT 43 Governor may refuse or terminate visits for security reasons

CORRECTIONS ACT 1986 - SECT 43

Governor may refuse or terminate visits for security reasons

    (1)     If the Governor of a prison believes on reasonable grounds that the security of the prison or the safety of a visitor is threatened, the Governor may—

        (a)     by order prohibit a person from entering the prison as a visitor; or

        (b)     order the visitor to leave the prison immediately.

S. 43(1A) inserted by No. 94/1994 s. 21(1), amended by No. 45/1996 s. 17(Sch. 1 item 30).

    (1A)     Without limiting any other power of the Secretary under this Act, if the Secretary believes on reasonable grounds that the good order or security of prisons or the safety of prisoners or visitors to prisons is threatened, the Secretary may by order prohibit a person from entering all or any prisons in Victoria as a visitor.

S. 43(1B) inserted by No. 94/1994 s. 21(1).

    (1B)     An order under subsection (1A) in relation to a matter prevails over any order under subsection (1) or section 39 in relation to that matter.

S. 43(2) amended by No. 94/1994 s. 21(2).

    (2)     A person who disobeys an order under this section is guilty of an offence.

Penalty:     5 penalty units.

    (3)     If a person disobeys a Governor's order to leave a prison, a prison officer may, if necessary, use reasonable force to compel the person to leave the prison.

S. 43(4) inserted by No. 57/2016 s. 6.

    (4)     A prison officer who uses force in accordance with this section is not liable for injury or damage caused by that use of force.

S. 43A inserted by No. 3/2019 s. 79.