Corrections Act 1986 (Vic)

Version No. 164

Corrections Act 1986

No. 117 of 1986

Version incorporating amendments as at

22 October 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

3AMeaning of terrorism record

3BMeaning of terrorism risk information

4References to prisons to include transition centres

5Act to bind Crown

Part 1A—Legal custody

Division 1—Custody of the Secretary or the Chief Commissioner of Police

6Order of imprisonment

6AWhen is a person in the legal custody of the Secretary?

6BWhen does legal custody of the Secretary cease?

6CPersons not regarded to be in the Secretary's legal custody

6DWhen is a person in the legal custody of the Chief Commissioner of Police?

6EWhen does legal custody of the Chief Commissioner cease?

6EAPrisoner may request delayed release

6FPowers of court or tribunal not to be affected

Division 2—Custody of the Commissioner

6GWhen is a person in the legal custody of the Commissioner?

6HWhen does legal custody of the Commissioner cease?

6IPowers of court or tribunal not affected

Division 2A—Arrangements for detention of persons subject to certain orders

6JArrangements for detention of person subject to Commonwealth continuing detention order or Commonwealth interim detention order

6KPersons detained under arrangement to be managed under this Act

6LValidation

Part 2—Administration

7Functions of Secretary

8Delegation

8ACommissioner

8ABDelegation by Commissioner

Part 2A—Engagement of contractors

Division 1—Correctional services agreements

8BMinister may enter into correctional services agreements

8CMatters to be included in agreement

8CAMinister may grant lease or licence over reserved Crown land

8DAgreement to run with land

8ERights of access

8FEmergency powers

8GBuilding work

Division 2—Management agreements

9Management agreements

Division 3—Agreements with the Chief Commissioner of Police

9AAAgreements with the Chief Commissioner

9ABMatters to be included in agreement

9ACRights of access

Division 4—General provisions relating to agreements

9AAuthorisation of certain staff

9BPolice inquiry and report

9CStatus of staff

9CAStaff—police gaols

9CAATransport functions

9CBUse of reasonable force by staff—police gaols

9DEmployment of monitors

9EMinimum standards

9FApplication of FOI

Part 3—Prisons and police gaols

10Establishment of prisons

11Police gaols

11AEstablishment of transition centres

Part 4—Officers

12Employment under the Public Administration Act

12AAuthority to exercise powers, functions and duties of community corrections officer or Regional Manager

13Volunteers

Part 5—Prison officers and other officers working in prisons

Division 1—General

14Definitions

Division 2—Work

15Authorized persons may act as prison officers

16Secretary may authorize medical practitioner to act as principal medical officer or medical officer

17Powers of Secretary

18Prison officer subject to direction of principal of training institutions

19Officers subject to certain directions

20Duties relating to security and welfare

21Duties of Governor

22Reports to Governor

22APowers of Governor

23Control of prisoners

23AUse of firearms by police exercising powers of a prison officer

Part 6—Management and administration of prisons

Division 1—Management and security of prisons

24Delegation by Governor

25Secretary may nominate person to act as Governor

26Management of prisons in Governor's temporary absence

27Dogs

28Photographing and fingerprinting

29Medical tests and samples

29APrisoners may be tested for drug or alcohol use

30Electronic monitoring of prisoners

30AVictim may be given certain copies of orders and information about a prisoner

30BApplication to be included on victims register

30CInclusion on the victims register

30DSecretary may refuse to include nominee details for person included on victims register

30EAnnual report

30FSecretary may prepare guidelines

30GRelease of information to "family members"

30HConfidentiality of information

30IOffence to publish information disclosed under section 30A in electronic or print media

31Children

31AOffence for prisoner to possess etc. certain items in prison

32Offences relating to prison security

32AOffences relating to operation or possession of remotely piloted aircraft or helicopter

32BGovernor may give authorisation

Division 2—Access to prisons

33Definitions

34Visits by judges or magistrates

35Appointment of independent prison visitors

37Visits by relatives or friends

38Contact visiting and residential visiting

39Exclusion of visitors for security reasons

40Visits by lawyers and their assistants

41Visits by the police

42Visitors to give prescribed information

43Governor may refuse or terminate visits for security reasons

43AAccess to prison for taking DNA profile sample

Division 3—Search and seizure

44Formal searches

45Search

46Seizure

Division 4—Prisoners rights

47Prisoners rights

Division 4A—Letters and parcels to and from prisoners

47AADefinitions

47ASuspected dangerous letters and parcels may be disposed of

47BCertain confidential letters and parcels may be inspected

47CAll other letters and parcels may be opened and read

47CACertain letters and other items may be copied and disposed of

47DWhen letters and parcels may be stopped and censored

47DAOffence for prisoner to send distressing or traumatic letters and parcels

47DBGovernor may place parcels in storage

47ELetter and parcel register

Division 5—Change of name applications by prisoners

47FApplication

47GDefinitions

47HApplications for change of name by or on behalf of a prisoner

47IApproval by Secretary

47JApproval to be notified in writing

47KRegistration of change of name

47LRegistrar may correct Register

47MInformation-sharing between the Secretary and the Victorian Registrar

Division 6—Approval of making of acknowledgement of sex applications—prisoners

47NOffence to make acknowledgement of sex application without approval

47OApplication by prisoner or other person for approval of Secretary

47PApproval by Secretary of the making of acknowledgement of sex application

47QCopy of approval or refusal of Secretary

47RRequest for information from the Victorian Registrar

Part 7—Prison discipline

48Definitions

49Disciplinary officers

50Prison offences

51Governor's action where charge laid

52Secretary may nominate Governor to hear charge

53Governor's hearing

54APower of Secretary to withdraw privileges

Part 8—Temporary absence from prison

Division 1—Definitions

55Definitions

Division 1A—Escort officers

55APowers of Secretary in relation to escort officers

55BEscort officers subject to direction of court or tribunal

55CFunctions and powers of escort officers in relation to prisoners

55DAuthorisation of instruments of restraint

55EUse of reasonable force

55EAIssue of firearms to escort officers

55EBDischarge of firearms

55ECDischarge of non-lethal firearm

55FReport to Secretary

55GFunctions and powers of escort officers in relation to persons surrendering to court

55HHow are things seized by an escort officer to be dealt with?

55IPowers of police officers and police custody officers

55JAdditional powers of escort officers

Division 1B—Security officers

55KFunctions of security officers

55LPowers of security officers

55MSeizure of things—how dealt with, reporting and recording

55NReport of use of force or application of instrument of restraint

55ONo liability

55PProtective services officer may exercise powers of security officer under this Division

Division 2—Transfer of prisoners

56Transfers between prisons

56AATransfers to and from police gaols

56ABLegal custody of prisoners and detainees transferred to institutions and designated mental health services

56ACTransfers to and from transition centres

Division 2A—Absence to give evidence at foreign proceedings

56AArrangements with Commonwealth

Division 2B—Police custody transfer orders

56BApplication for police custody transfer order

56CApplication to be determined on the papers and information to be in custody of the Court

56DCourt may make police custody transfer order

56EInformation to be provided on return of person to legal custody of Secretary

56FRevocation of police custody transfer order

Division 3—Custodial community permits

57Custodial community permits

57ACorrections administration permit

57BRehabilitation and transition permit

57CFine default permit

57DProvisions applying to all custodial community permits

58Breach of custodial community permit

58APowers of Secretary with respect to custodial community permits

58BVisitors to give prescribed information

58CGovernor may refuse or terminate visits for security reasons

58DOffence to give item to prisoner

Division 3A—Emergency management days

58EEmergency management days

Division 5—Parole

61Establishment of Board

61AChairperson and deputy chairpersons

62Deputy members

63Terms of office

64Divisions

65Chairing of meetings

66Meetings

66ASecretary of Adult Parole Board

67Secretary of the Board or member may act on behalf of Board

68Evidentiary

69Functions of Board

70Secretary to supply assistance to Board

71Evidence

71APower of Board to compel production of documents and other things or attendance of witnesses

71BVariation or revocation of notice to produce or notice to attend

71CService of notice to produce or notice to attend

71DPower of Board to compel attendance of witnesses does not affect power of Board to direct prisoners on parole to attend for interview

71EAppearance by audio visual link

71FNotice to attend issued to person in custody

71GPower to take evidence on oath or affirmation

71HOffence to fail to comply with a notice to produce or attend

71IOffence to fail to take oath, make affirmation or answer question

71JCosts of attending meeting of the Board

71KProtection of participants at Board meeting

72Reports

73Officers subject to Board's directions

73ASafety and protection of the community paramount in parole decisions

74Release on parole after service of non-parole period

74AAAConditions for making parole order for prisoner who murdered police officer

74AAConditions for making a parole order for Julian Knight

74ABConditions for making a parole order for Craig Minogue

74ACConditions for making a parole order for Paul Denyer

74AABAConditions for making a parole order for person imprisoned for certain fatal offences

74AABParole decisions made by Serious Violent Offender or Sexual Offender Parole Division

74AACParole decisions where terrorism risk information provided to Board

74AADBoard must specify no-return period in certain circumstances

74AAERestricted prisoners

74AAFRestricted prisoner reports

74AAGRestricted prisoner declarations

74AVictim submissions

74BHow does the Board deal with victim submissions?

75Young offenders—sentence and non-parole period

76Persons on parole deemed still under sentence

76ASecretary may direct that prisoner be tested for alcohol or drug use

77Cancellation of parole

77ARevocation of cancellation

77BReturn of prisoner to prison on cancellation of parole

77CPower to direct that time on parole is time served

77DBoard may arrange for examination of prisoner

78Prisoners may be released on parole more than once

78AOffence to breach a term or condition of parole

78BArrest and detention for breach of parole order

78CConsideration by Board of breach of terms and conditions of parole

78DApplication of certain provisions of the Crimes Act 1958 and the Bail Act 1977

78ETime in detention is time served

Division 5A—Safety powers that may be exercised in supervision of prisoners on parole

78FDefinitions for Division 5A

78GWhen may the powers under this Division be exercised?

78HGeneral powers

78ISearch

78JSeizure

78KWarning that search or seizure is to occur and that reasonable force may be used

78LReport of use of force or application of restraint

78MRegister of seized things

78NThings seized must be photographed or otherwise recorded

78OSpecified officer must provide receipt for seized thing

78PPrisoner on parole to submit to testing

78QSecretary to approve test procedures

78RTaking of samples of drug and alcohol

78SReports, returns and records

78TNo liability

Division 6—Change of name applications by prisoners released on parole

79Application of Division

79ADefinitions

79BApplications for change of name by or on behalf of a prisoner on parole

79CApproval by Board

79DApproval to be notified in writing

79ERegistration of change of name

79FRegistrar may correct Register

79GLapse of application on cancellation of parole

79HInformation-sharing between the Secretary and the Victorian Registrar

Division 6A—Approval of making of acknowledgement of sex applications—prisoners on parole

79HADefinition

79HBOffence to make acknowledgement of sex application without approval

79HCApplication by prisoner on parole or other person for approval of Board

79HDApproval by Board of the making of acknowledgement of sex application

79HECopy of approval or refusal of Board

79HFLapse of application on cancellation of parole

Division 7—Warrants

79IExecution of warrants

79JRecall and cancellation of warrants

79KDuplicate warrants

Division 8—Removal of electronic monitoring devices and equipment

79LWho may remove electronic monitoring devices and equipment

79MCommissioner may authorise employee to exercise powers of officer

Part 8A—Interstate leave of absence for prisoners

80Definitions

81Interstate laws

82Custodial interstate community permit

83Effect of permit

84Variation or revocation of permit

84ABreach of permit

84BNotice to participating State and transit States

84CEffect of permit issued under interstate law

84DApprehension of prisoner who escapes or fails to return etc.

84EEscape from custody—penalty

84EALiability for prisoners on leave

Part 8B—Prison industries

Division 1—Prison industry sites and prison industries

84FAppointment of prison industry sites

84GSecretary may carry on business for prison industries

84HSecretary may direct prisoners and offenders to work

Part 9—Community corrections

Division 1—Definitions

85Definitions

Division 2—Establishment of community corrections centres and regional centres

86Community corrections centres

87Regions

88Regional centres

Division 3—Officers

89Officers subject to Regional Manager's directions

90Powers and duties of officers

92Additional duties of Regional Manager

Division 4—Discipline of offenders

93Additional directions by community corrections officers

94Regional Manager may deal with acts of misconduct

Division 5—Community corrections programmes

95Approval of community corrections programmes

Division 6—Management and administration of locations

96Officer subject to directions of Principal of training institution

97Secretary may nominate person to act as Regional Manager

98Management of region in Regional Manager's temporary absence

99Photographing

99AOffenders may be tested to assess whether under the influence of alcohol or any drug

100Search

101Seizure

102Delegation

103Access to community corrections centres and locations

104Offender subject to Secretary's directions

Division 6A—Removal of electronic monitoring devices and equipment

104AAAWho may remove electronic monitoring devices and equipment

104AABCommissioner may authorise employee to exercise powers of officer

Division 7—Sentencing Advisory Council to report on offenders subject to community correction orders

104AAAnnual report

Part 9A—Management of police gaols and transfer, transport and supervision powers

Division 1—Preliminary

104ADefinitions

104ABPowers limited to certain police gaols

Division 2—Management powers in police gaols

104ACManagement of visitors in police gaols

104ADDetained persons to give certain information

104AEOrders to detained persons

104AFPower to take photographs of detained persons

104AGOffence to disobey a lawful order

104AHPower to restrain detained persons

Division 3—Search and seizure powers in police gaols

104BFormal searches in police gaols

104CSearch powers

104DSeizure

Division 4—Transport and supervision of persons by police custody officers

104DAPolice custody officers to transport persons at Chief Commissioner's direction

104DBFunctions and powers of police custody officers in relation to persons they transport or supervise

104DCTransport or supervision authorised under other enactments and instruments

Division 5—General

104DDUse of reasonable force by police custody officers

104DEDealing with seized items

104DFGeneral power to authorise transfers of detained persons

Part 9B—Provisions concerning monitored serious sex offenders

Division 1—Preliminary matters

104EDefinitions

Division 2—Monitored people at community corrections centres

104FApplication of this Division

104GObligations of the officer in charge of the centre

104HMonitored person must comply with certain directions

104IOfficers may use force to enforce directions in certain circumstances

104JOfficers to give reports if required

104KPhotographing

Division 3—Provisions applying to monitored people receiving visits from officers

104LApplication of this Division

104MOfficers to give reports if required

Division 4—Obligations of regional managers

104NRegional Manager to ensure that officers have access to certain information

Part 9C—Prisoner compensation quarantine funds

Division 1—Introductory

104ODefinitions

104PApplication

104QMeaning of criminal act

104RMeaning of victim

Division 2—Awards of damages to prisoners

104SAgreements must be approved by court

104TDetermination of amounts for medical and legal costs

104UMatters to be considered by court

Division 3—Payment of money to prisoner compensation quarantine fund

104VDamages awarded to prisoner to be paid to prisoner compensation quarantine fund

104WPrisoner compensation quarantine funds

Division 4—Notice of prisoner compensation quarantine fund

104XVictim may ask to be notified of award of damages to prisoner

104YNotice to victims published

104ZNotice to victims directly

104ZAApplications for information

104ZBDisclosure of information by Secretary authorised

104ZCConfidentiality of information

104ZDOffence to disclose information

104ZENotice to Secretary by victim

104ZFNotice to Secretary by creditors

Division 5—Payments out of prisoner compensation quarantine fund

104ZGPayments out of fund where legal proceedings notified

104ZHPayments out of fund where notice from creditor received

104ZIRestriction not to affect payment of administration costs

104ZJPayments out of fund where no notice given

104ZKPayments taken to be payments at direction of prisoner

104ZLWhen are legal proceedings finally determined

Division 6—General

104ZMOffence to provide false or misleading information

104ZNAnnual report

Part 9D—Accident compensation

104ZODefinition

104ZPApplication of Part

104ZQWhen is compensation payable?

104ZRCompensation for personal injuries

104ZSCompensation for loss of or damage to property

104ZTJurisdiction

104ZUAuthority to represent Crown

104ZVCompensation otherwise payable

104ZWPayments

Part 9E—Disclosure of information

104ZXDefinitions

104ZYAuthorisation to use or disclose information

104ZYAInformation exchange with other parole decision‑making bodies

104ZZAuthorisation to disclose information given to Adult Parole Board

104ZZAAAuthorisation to disclose certain information related to certain matters before the Board

104ZZAOffence to use or disclose personal or confidential information unless authorised

104ZZBUse or disclosure of information for research purposes

Part 10—General

105Proceedings for offences

105AOffences by bodies corporate

106Judicial notice of signatures

107Construction of references

108Apprehension of escaped prisoners

108AReturn of prisoner unlawfully released

109Grants by Minister

110Disclosure of certain information is not breach of section 4 of Judicial Proceedings Reports Act 1958

111Sheriff's power not affected

111ASupreme Court—limitation of jurisdiction

112Regulations

112AAdditional regulation-making powers—firearms

112BValidation of regulations

Part 10A—Validation

112CValidation of actions and decisions

112DValidation—Justice Legislation Amendment Act 2015

112EValidation—Corrections Legislation Amendment Act 2025

Part 11—Transitional provisions

113Act to apply to prison sentences etc. before date of commencement

114Transitional provisions—legal custody

115Transitional provisions—Criminal Justice Legislation (Miscellaneous Amendments) Act 2002

115ATransitional provisions—change of name applications

115BTransitional provision—Corrections and Other Justice Legislation (Amendment) Act 2006

116Transitional provision—victims register

117Transitional provision—Corrections Amendment Act 2008

118Transitional provision—Justice Legislation Further Amendment Act 2009

119Transitional provision—Justice Legislation Amendment Act 2010

120Transitional provision—Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011

121Transitional provision—Corrections Amendment Act 2013

122Transitional provisions—Justice Legislation Amendment (Cancellation of Parole and Other Matters) Act 2013

123Transitional provisions—Corrections Amendment (Breach of Parole) Act 2013

124Transitional provisions—Corrections Amendment (Parole Reform) Act 2013

125Transitional provisions—Corrections Legislation Amendment Act 2014

126Transitional provision—Corrections Legislation Amendment Act 2015

127Transitional—Justice Legislation Amendment (Parole Reform and Other Matters) Act 2016

127ATransitional—Corrections Amendment (Parole) Act 2018

128Transitional—Corrections Legislation Miscellaneous Amendment Act 2017

129Transitional—Justice Legislation Amendment (Terrorism) Act 2018

130Transitional provisions—Serious Offenders Act 2018

131Transitional—Justice Legislation Amendment (Serious Offenders and Other Matters) Act 2019

132Transitional—Corrections Amendment (Parole Reform) Act 2023

Schedules

Schedule 2—Names of prisons

Schedule 3—Violent offences

Schedule 5—Persons authorised to use and disclose information

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 164

Corrections Act 1986

No. 117 of 1986

Version incorporating amendments as at

22 October 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to provide for the establishment management and security of prisons and the welfare of prisoners; and

(b)to provide for the administration of services related to community-based corrections and for the welfare of offenders; and

(c)to provide for other correctional services.

2Commencement

This Act comes into operation on a day or days to be proclaimed.

3Definitions

(1)In this Act—

acknowledgement of sex application means an application—

(a)under section 30A or 30E of the Births, Deaths and Marriages Registration Act 1996; or

(b)under a corresponding section referred to in paragraph (a) of an equivalent law of another State or a Territory;

Board means the Adult Parole Board established by section 61;

combined custody and treatment order has the same meaning as old combined custody and treatment order in clause 1 of Schedule 3 to the Sentencing Act 1991;

Commissioner means the person employed as Commissioner for the purposes of this Act;

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Commonwealth continuing detention order means a continuing detention order as defined in section 105A.2 of the Criminal Code of the Commonwealth;

Commonwealth interim detention order means an interim detention order as defined in section 105A.2 of the Criminal Code of the Commonwealth;

community corrections officer means a community corrections officer appointed under Part 4;

community-based order has the same meaning as old community-based order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991;

community corrections centre means a community corrections centre established under Part 9;

contractormeans—

(a)a party to an agreement with the Minister under section 8B(1); or

(b)a party to an agreement with the Secretary under section 9(1); or

(c)a party to an agreement with the Chief Commissioner of Police under section 9AA(1);

correctional order means any of the following—

(a)a community-based order;

(aa)a community correction order, within the meaning of the Sentencing Act 1991;

(ab)a community work permit within the meaning of the Fines Reform Act 2014;

(b)a parole order;

(c)an old intensive correction order, within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991;

(d)a direction under section 107(1)(a) of the Sentencing Act 1991 that a person be released on giving an undertaking that has as a condition that the person be under the supervision of a community corrections officer;

(e)a direction under section 107(1)(b) of the Sentencing Act 1991 that a person be released on parole;

(f)a supervision order under section 26 or 38ZH of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that includes a condition with respect to supervision of the person subject to the order by a community corrections officer;

(g)a combined custody and treatment order;

(h) a drug and alcohol treatment order (as defined in section 3(1) of the Sentencing Act 1991);

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correctional services means the following services—

(a)prisons and services related to prisons or prisoners;

(b)services related to parole and programmes for persons subject to correctional orders;

(c)community corrections centres, regional centres and locations and services related to community corrections centres, regional centres and locations;

(d)community-based programmes and services related to the administration of community-based orders;

Court Secure Treatment Order means an Order within the meaning of section 94A of the Sentencing Act 1991;

custodial sentence has the same meaning as it has in the Serious Offenders Act 2018;

dentist means a person registered under the Health Practitioner Regulation National Law—

(a)to practise in the dental profession as a dentist (other than as a student); and

(b)in the dentists division of that profession;

Department means the Department of Justice and Community Safety;

designated place has the same meaning as in the Victoria Police Act 2013;

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domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

drug of dependence has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981;

escort officer means—

(a)a prison officer; or

(b)an escort officer employed under Part 4;

family violence intervention order means—

(a)a family violence intervention order within the meaning of section 11 of the Family Violence Protection Act 2008; or

(b)one of the following orders made under the Crimes (Family Violence) Act 1987 as in force immediately before its repeal—

(i)an intervention order made on grounds referred to in section 4 or 4A of that Act;

(ii)an intervention order made on grounds referred to in

section 4 or 4A of that Act, and subsequently varied or extended under section 16 or 16A of that Act;

(iii)an interim intervention order made on grounds referred to in section 8 of that Act;

fingerprints includes finger, palm, toe and sole prints, whether taken by impression or by means of a device to obtain a record of the fingerprints;

Example:Fingerprints may be taken by a scanning device to obtain a digital record of the fingerprints.

firearm includes a firearm that is a prescribed non-lethal firearm;

function includes duty;

garment search means a search of any article of clothing worn by a person or in the person's possession, during which the article of clothing is touched or removed from the person's body;

Governor means the Governor of a prison and includes a person nominated by the Secretary to act as the Governor of a prison;

Health Complaints Commissioner means the Commissioner within the meaning of the Health Complaints Act 2016;

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Human Rights Commissioner means the Human Rights Commissioner appointed under the Human Rights and Equal Opportunity Commission Act 1986 of the Commonwealth;

lawyer means an Australian lawyer;

letter, in relation to a prisoner, means a document containing a communication to, or from, the prisoner;

location means any of the following places—

(a)a community corrections centre;

(b)a place at which an offender is by a correctional order required to live;

(c)a place which an offender is by a correctional order or Part 9 required to attend for educational recreation or for any other purpose;

medical officer means a medical officer employed under Part 4;

midwife means a person registered under the Health Practitioner Regulation National Law—

(a)to practise in the nursing and midwifery profession as a midwife (other than as a student); and

(b)in the register of midwives kept for that profession;

near relative of a prisoner means—

(a)a partner of the prisoner;

(b)a parent or grandparent of the prisoner or of a partner of the prisoner;

(c)a child or grandchild (of any age) of the prisoner or of a partner of the prisoner;

(d)a sibling of the prisoner or of a partner of the prisoner;

non-local DVO means a non-local DVO within the meaning of the National Domestic Violence Order Scheme Act 2016;

notice to attend means a notice served under section 71A(1)(b), (c) or (d) requiring a person to attend a meeting of the Board;

notice to produce means a notice served under section 71A(1)(a) requiring a person to produce a specified document or other thing to the Board;

nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);

offender, other than in sections 30A to 30I, means a person of whatever age who is the subject of a correctional order;

parcel, in relation to a prisoner, means any item or thing (other than a letter) sent to or from the prisoner, including any item or thing accompanying a letter to the prisoner;

parole officer means a parole officer appointed under Part 4;

partner of a person means the person's spouse or domestic partner;

pat-down search means a search of a person during which the person's clothed body is touched;

personal safety intervention order means—

(a)a personal safety intervention order within the meaning of the Personal Safety Intervention Orders Act 2010; or

(b)an intervention order within the meaning of the Stalking Intervention Orders Act 2008 (as in force immediately before its repeal); or

(c)an order made under section 4 of the Crimes (Family Violence) Act 1987 of a kind referred to in section 21A(5) of the Crimes Act 1958, both as in force immediately before their repeal;

police custody officer has the same meaning as in the Victoria Police Act 2013;

police custody officer supervisor has the same meaning as in the Victoria Police Act 2013;

police custody transfer order means a police custody transfer order made under section 56D;

police gaol means a police gaol under Part 3;

police officer means—

(a)except in section 47E, a police officer within the meaning of the Victoria Police Act 2013; and

(b)in section 47E, a police officer (within the meaning of Part 5.3 of the Criminal Code of the Commonwealth);

position means office;

Post Sentence Authority means the Post Sentence Authority continued in existence under section 290 of the Serious Offenders Act 2018;

principal medical officer means a principal medical officer employed under Part 4;

prisonmeans a prison under Part 3 and includes a prison industry site;

prisoner means a person who under Part 1A is deemed to be in the legal custody of the Secretary;

prison industry site means a place appointed as a prison industry site under section 84F;

prison officer means a prison officer employed under Part 4;

protective services officer has the same meaning as in the Victoria Police Act 2013;

recognised DVO means a recognised DVO within the meaning of the National Domestic Violence Order Scheme Act 2016;

Regional Manager means a Regional Manager appointed under Part 4;

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

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;

relative of a prisoner means—

(a)a partner of the prisoner;

(b)a parent or grandparent of the prisoner or of a partner of the prisoner;

(c)a child or grandchild (of any age) of the prisoner or of a partner of the prisoner;

(d)a sibling of the prisoner or of a partner of the prisoner;

(e)a child (of any age) of a sibling of the prisoner or of a sibling of a partner of the prisoner;

(f)a child (of any age) of a sibling of a parent of the prisoner or of a sibling of a parent of a partner of the prisoner;

restricted prisoner means a prisoner who is serving a sentence of life imprisonment, in respect of which a non-parole period was fixed, for—

(a)two or more offences of murder; or

(b)one offence of murder, where the victim was a child; or

(c)one offence of murder, where the victim was also the victim of a sexual offence committed by the prisoner;

restricted prisoner declaration means a declaration under section 74AAG;

scanning search means a search of a person, or of the property of a person, using an electronic or other device, during which the person is not touched;

Secretary means Secretary to the Department of Justice and Community Safety under the Public Administration Act 2004 and includes a person acting as the Secretary to the Department of Justice and Community Safety under that Act;

secretary of the Board means the person authorised under section 66A to perform the functions of the secretary of the Adult Parole Board;

Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;

security officer means a security officer employed under Part 4;

serious violent offence means any of the following—

(a)murder;

(ab)manslaughter;

(ac)child homicide;

(aca)homicide by firearm;

(ad)an offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections of the Crimes Act 1958—

(i)section 15A (causing serious injury intentionally in circumstances of gross violence);

(ii)section 15B (causing serious injury recklessly in circumstances of gross violence);

(iii)section 16 (causing serious injury intentionally);

(iv)section 17 (causing serious injury recklessly);

(v)section 20 (threats to kill);

(vi)section 21 (threats to inflict serious injury);

(vii)section 63A (kidnapping);

(ae)an offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following provisions (as amended) of the Crimes Act 1958 repealed on 24 March 1986 by section 8(2) of the Crimes (Amendment) Act 1985—

(i)section 17 (intentionally causing grievous bodily harm or shooting, etc. with intention to do grievous bodily harm or to resist or prevent arrest);

(ii)section 19A (inflicting grievous bodily harm);

(iii)section 20 (attempting to choke etc. in order to commit an indictable offence);

(iv)section 35B (making demand with threat to kill or injure or endanger life);

(af)an offence against section 19A (intentionally causing a very serious disease) of the Crimes Act 1958 repealed by section 3 of the Crimes Amendment (Repeal of Section 19A) Act 2015;

(ag)the common law offence of kidnapping;

(ah)an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraphs (a) to (ag);

(ai)any other offence, whether committed in Victoria or elsewhere, the necessary elements of which consist of elements that constitute any of the offences referred to in paragraphs (a) to (ah);

(b)an offence against any of the following provisions of the Crimes Act 1958—

(i)section 9AD as in force immediately before its repeal by section 3(3) of the Crimes Amendment (Abolition of Defensive Homicide) Act 2014;

(ia)section 27 (extortion with threat to kill);

(ii)section 75A (armed robbery);

(iii)section 77 (aggravated burglary);

(iv)section 77A (home invasion);

(v)section 77B (aggravated home invasion);

(vi)section 79 (carjacking);

(vii)section 79A (aggravated carjacking);

(viii)section 197A (arson causing death);

(ix)section 325(1) (accessories) in circumstances where the principal offender has committed murder;

(c)false imprisonment;

(d)an offence of conspiracy to commit, incitement to commit or attempt to commit an offence referred to in paragraph (b) or (c);

(e)any other offence, whether committed in Victoria or elsewhere, the necessary elements of which consist of elements that constitute an offence referred to in paragraph (b), (c) or (d);

sexual offence (except in section 56AC) means an offence referred to in Schedule 1 to the Serious Offenders Act 2018;

smoke means the drawing or releasing of smoke or fumes resulting from heating or burning an ignited tobacco product, and includes but is not limited to, holding or controlling an ignited tobacco product;

spouse of a person means a person to whom the person is married;

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sub-contractor means a sub-contractor of a contractor;

supervise, in relation to a prisoner or person, includes to take charge of and to hold the prisoner or person;

SVOSO division means the Serious Violent Offender or Sexual Offender Parole division of the Board established by section 74AAB(1);

terrorism or foreign incursion offence means an offence against—

(a)section 4B of the Terrorism (Community Protection) Act 2003; or

(b)a provision of another State or a Territory that corresponds to section 4B of the Terrorism (Community Protection) Act 2003; or

(c)a provision of Subdivision A of Division 72 of Chapter 4 of the Criminal Code of the Commonwealth; or

(d)a provision of Part 5.3 or 5.5 of the Criminal Code of the Commonwealth; or

(e)a provision of the Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth as in force before its repeal;

terrorism record has the meaning given in section 3A;

terrorism-related order means—

(a)a control order within the meaning of Part 5.3 of the Criminal Code of the Commonwealth; or

(b)a continuing detention order within the meaning of Division 105A of Part 5.3 of the Criminal Code of the Commonwealth; or

(c)an interim detention order within the meaning of Division 105A of Part 5.3 of the Criminal Code of the Commonwealth; or

(d)a preventative detention order within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003; or

(e)a prohibited contact order within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003; or

(f)an order made under a corresponding preventative detention law within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003;

terrorism risk information has the meaning given in section 3B;

terrorist act has the same meaning as in the Terrorism (Community Protection) Act 2003;

terrorist organisation has the same meaning as in Division 102 of the Criminal Code of the Commonwealth;

tobacco smoking accessory means any smoking implement and includes but is not limited to, cigarette papers, pipes, cigarette holders, hookahs, water pipes, cigarette lighters, matches or other similar methods of ignition of a tobacco product;

tobacco product means tobacco, cigarette or cigar or any other product the main ingredient of which is tobacco and which is designed for human consumption;

transition centre means a transition centre under Part 3;

transport includes escort, bring, transfer, convey, take and deliver;

victims register means the register established under the regulations for the purpose of recording persons entitled to be given information under section 30A and to make victim submissions;

victim submission means a submission made under section 74A to the Adult Parole Board;

Victorian Registrar means the Registrar of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1996;

violent offence means an offence listed in Schedule 3;

volunteer means a person whose name appears in the Register of Volunteers kept under Part 4.

(2)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

3AMeaning of terrorism record

For the purposes of this Act, a person has a terrorism record if the person—

(a)has been convicted of a terrorism or foreign incursion offence; or

(b)is or has been subject to a terrorism-related order.

3BMeaning of terrorism risk information

(1)For the purposes of this Act, terrorism risk information in respect of a person means—

(a)an assessment made by an entity specified in subsection (2) that there is a risk that the person will commit a terrorism or foreign incursion offence; and

(b)the information relied on in making that assessment.

(2)The specified entities are—

(a)the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth; and

(b)Victoria Police; and

(c)the Australian Federal Police; and

(d)the Australian Security and Intelligence Organisation; and

(e)the Department; and

(f)the police force or police service of another State or a Territory; and

(g)the Department of Home Affairs of the Commonwealth; and

(h)each prescribed entity.

(3)Without limiting subsection (1)(b), the information referred to in that provision may include—

(a)information regarding the person having expressed support for—

(i)the doing of a terrorist act; or

(ii)a terrorist organisation; or

(iii)the provision of resources to a terrorist organisation; or

(b)information regarding the person having, or having had, an association with—

(i)another person or a group that has expressed support of the kind referred to in paragraph (a); or

(ii)another person or a group that is directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or

(iii)a terrorist organisation.

Note

Other provisions of this Act prevent decision-makers from having regard to information referred to in paragraph (b) unless the decision-maker is satisfied that the person knew certain matters about the person or group that the association is with. See sections 74(1AAC), 74AAC(4) and 77(3G).

4References to prisons to include transition centres

(1)A reference in the following provisions of this Act to a prison is to be read as including a reference to a transition centre, unless the contrary intention appears: Parts 1, 1A, 2, 2A, 4, 5, 6, 7, 8 (other than sections 56 and 56AC), 8A, 9C and 10.

(2)A reference in any other Act, in any subordinate instrument or in any other document to a prison is to be read as including a reference to a transition centre, unless the contrary intention appears.

(3)A reference to a Governor in this Act or in any regulations made under this Act is to be read as including a reference to the officer in charge of a transition centre, unless the contrary intention appears.

(4)A reference in any other Act, in any subordinate instrument or in any other document to a Governor of a prison is to be read as including a reference to the officer in charge of a transition centre, unless the contrary intention appears.

5Act to bind Crown

This Act binds the Crown, not only in right of the State of Victoria but also, as far as the legislative power of the Parliament permits, the Crown in all its other capacities.

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PART 1A—LEGAL CUSTODY

Division 1—Custody of the Secretary or the Chief Commissioner of Police

6Order of imprisonment

In this Part, an order of imprisonment is—

(a)a sentence of imprisonment imposed by a court; or

(b)an order or warrant issued by a court requiring or directing the imprisonment of a person or the detention of a person in a prison or in a place of detention on court premises; or

(c)a direction, order or warrant or other instrument made or issued under an Act requiring or directing or authorising the imprisonment of a person or the detention of a person in a prison or the transfer of a person to or from a prison or the return of a person to a prison; or

(ca)a preventative detention order within the meaning of the Terrorism (Community Protection) Act 2003 or an order for a person's detention made under a corresponding preventative detention law within the meaning of that Act; or

(cb)a Commonwealth continuing detention order or a Commonwealth interim detention order; or

(d)an order issued under an interstate law of a participating State within the meaning of the Prisoners (Interstate Transfer) Act 1983 that corresponds with an order of transfer under that Act or a transfer order made under the Transfer of Prisoners Act 1983 of the Commonwealth or an order made under section 31 of that Act that provides for the transfer of a person from another State or a Territory to Victoria; or

(e)a detention order or interim detention order within the meaning of the Serious Offenders Act 2018; or

(f)an emergency detention order within the meaning of the Serious Offenders Act 2018.

6AWhen is a person in the legal custody of the Secretary?

(1)A person is deemed to enter the legal custody of the Secretary when—

(a)an order of imprisonment is made in relation to the person; and

(b)either of the following events occurs—

(i)a person acting under lawful authority on behalf of the Secretary takes physical custody of the person; or

(ii)a person at a prison acting under lawful authority on behalf of the Secretary receives the person into the prison.

(1A)Subsection (1) applies each time when—

(a)a person who has ceased to be in the legal custody of the Secretary by force of section 6B(1)(ca) is again taken into custody and detained under the order referred to in that section; and

(b)either of the events referred to in subsection (1)(b) occurs.

(2)A person who enters the legal custody of the Secretary under subsection (1) is deemed to remain in that custody until that custody ceases under this Part.

(2A)Subsection (2) applies despite an order of the Children's Court or any other court that the person is to be remanded as a child.

(3)This section applies to a person regardless of the person's age.

(4)A person in respect of whom a detention order, an interim detention order or an emergency detention order within the meaning of the Serious Offenders Act 2018 has been made is deemed to be in the legal custody of the Secretary following the occurrence of either event set out in subsection (1)(b).

6BWhen does legal custody of the Secretary cease?

(1)A person ceases to be in the legal custody of the Secretary—

(a)on the expiration of the person's sentence of imprisonment, or if the person is serving more than one sentence of imprisonment, on the expiration of all of those sentences of imprisonment, unless the person is also in that custody under a detention order, an interim detention order or an emergency detention order under the Serious Offenders Act 2018 or for some other reason; or

(aba)on the expiration of the person's sentence of imprisonment, or if the person is serving more than one sentence of imprisonment, on the expiration of all of those sentences of imprisonment, unless immediately upon that expiration the person becomes subject to a Commonwealth continuing detention order or a Commonwealth interim detention order; or

(ab)on the expiration of a detention order or an interim detention order under the Serious Offenders Act 2018 if—

(i)the person is not subject to any other order of imprisonment; and

(ii)the person is not serving a sentence of imprisonment; or

(ac)on the expiration of an emergency detention order under the Serious Offenders Act 2018 if—

(i)the person is not subject to any other order of imprisonment; and

(ii)the person is not serving a sentence of imprisonment; or

(ad)on the expiration of a Commonwealth continuing detention order or a Commonwealth interim detention order in respect of the person, if—

(i)the person is not subject to any other order of imprisonment; and

(ii)the person is not serving a sentence of imprisonment; or

(b)when the Secretary acting under lawful direction or authority, or in accordance with an Act, releases the person from the Secretary's legal custody; or

(c)when the legal custody of the person is lawfully transferred from the Secretary to the Chief Commissioner of Police or another person; or

(ca)if the person is being detained under an order referred to in section 6(ca), during any period when he or she is taken not to be detained under the order by force of section 13V of the Terrorism (Community Protection) Act 2003 or section 105.26 of the Criminal Code of the Commonwealth; or

(d)if the person is in a prison or is in the physical custody of an officer within the meaning of Part 5 or an escort officer or of a person acting under lawful authority on behalf of the Secretary, when the person escapes from that prison or physical custody; or

(e)if the person is in the community in the legal custody of the Secretary, when the person does anything that constitutes an offence under section 479C(2) or (3) of the Crimes Act 1958.

(2)Despite subsection (1)(a), a person being detained under an order referred to in section 6(ca) who is in the legal custody of the Secretary does not cease to be in the legal custody of the Secretary on the expiration of the order if—

(a)another such order comes into force in relation to the person immediately after that expiration; or

(b)another such order continues in force in relation to the person.

(3)A person in relation to whom a preventative detention order (within the meaning of the Terrorism (Community Protection) Act 2003) is in effect and who is detained in a prison (a detained person) also ceases to be in the legal custody of the Secretary when a person acting under lawful authority on behalf of the Secretary gives the physical custody of the detained person to a police officer under section 13WB of that Act.

6CPersons not regarded to be in the Secretary's legal custody

(1)Despite section 6A, the following persons are not to be regarded as being in the Secretary's legal custody—

(a)a person who is on parole;

(b)a person who is serving a combined custody and treatment order and who is in the community under that order;

(ba)a person who is subject to a drug and alcohol treatment order and who is in the community under that order;

(bb)a person who is absent from prison under a police custody transfer order;

(bc)a person who is absent from a prison under a fine default permit;

(c)a person who is serving a sentence of imprisonment by way of intensive correction in the community;

(d)a person who is serving a sentence of imprisonment that was wholly or partly suspended and who is in the community in accordance with that sentence.

(2)A person is on parole if there is in force a parole order relating to the person and the person is serving a sentence of imprisonment but is not detained in a prison.

(3)A person is in the community under a drug and alcohol treatment order even if he or she is—

(a)submitting to residential detoxification or other treatment in accordance with a program condition attached to the order; or

(b)at a place in accordance with an order under section 18ZL(1)(c) or (e) of the Sentencing Act 1991.

6DWhen is a person in the legal custody of the Chief Commissioner of Police?

(1)A person is deemed to enter the legal custody of the Chief Commissioner of Police for the purposes of this Act when—

(a)an order of imprisonment is made in relation to the person, or an order is made by a court requiring the person to be held in police custody, or there is other lawful authority to detain the person in a police gaol; and

(b)either of the following events occurs—

(i)a police officer or a person acting under lawful authority on behalf of the Chief Commissioner takes physical custody of the person; or

(ii)a person at a police gaol acting under lawful authority on behalf of the Chief Commissioner receives the person into the police gaol.

(1A)Subsection (1) applies each time when—

(a)a person who has ceased to be in the legal custody of the Chief Commissioner of Police by force of section 6E(1)(ca) is again taken into custody and detained under the order referred to in that section; and

(b)either of the events referred to in subsection (1)(b) occurs.

(1B)Without limiting paragraph (a) of subsection (1), a reference to lawful authority in that paragraph includes—

(a)a power of arrest (with or without warrant) under any Act; and

(b)a power of apprehension under any Act or at common law.

(2)A person is also deemed to enter into the legal custody of the Chief Commissioner when—

(a)the person is remanded in custody by a court or a bail justice under the Children, Youth and Families Act 2005 or the Bail Act 1977; and

(b)a police officer or a person acting under lawful authority on behalf of the Chief Commissioner takes physical custody of the person.

(2AA)A person is also deemed to enter the legal custody of the Chief Commissioner for the purposes of this Act when a police officer takes physical custody of the person under section 13AH, 13AT or 13WB of the Terrorism (Community Protection) Act 2003.

(2A)A person is also deemed to enter into the legal custody of the Chief Commissioner of Police when—

(a)a police custody transfer order is made in relation to the person; and

(b)a police officer or a person acting under lawful authority on behalf of the Chief Commissioner takes physical custody of the person in accordance with the order.

(3)A person who enters the legal custody of the Chief Commissioner of Police under subsection (1), (2) or (2A) is deemed to remain in that custody until that custody ceases under this Part.

(4)This section applies to a person regardless of the person's age.

6EWhen does legal custody of the Chief Commissioner cease?

(1)A person who is deemed by this Act to enter the legal custody of the Chief Commissioner of Police ceases to be in the legal custody of the Chief Commissioner—

(a)on the expiration of the person's sentence of imprisonment, or if the person is serving more than one sentence of imprisonment, on the expiration of all of those sentences of imprisonment, unless the person is also in that custody for some other reason; or

(b)when the Chief Commissioner acting under lawful direction or authority, or in accordance with an Act, releases the person from the Chief Commissioner's legal custody; or

(c)when the legal custody of the person is lawfully transferred from the Chief Commissioner to the Secretary or another person; or

(ca)if the person is being detained under an order referred to in section 6(ca), during any period when he or she is taken not to be detained under the order by force of section 13V of the Terrorism (Community Protection) Act 2003 or section 105.26 of the Criminal Code of the Commonwealth; or

(cab)when a police officer detaining a person under Part 2AA of the Terrorism (Community Protection) Act 2003 gives custody of the person to a person at a youth justice facility who acting under lawful authority on behalf of the Secretary may receive the person into the facility; or

(cac)when a police officer detaining a person under a preventative detention order within the meaning of Terrorism (Community Protection) Act 2003 gives custody of the person to, as the case requires—

(i)a person at a prison who acting under lawful authority on behalf of the Secretary may receive the person into the prison; or

(ii)a person at a youth justice facility who acting under lawful authority on behalf of the Secretary may receive the person into the facility; or

(cb)if the person is subject to a police custody transfer order, when either of the following events occurs—

(i)a person acting under lawful authority on behalf of the Secretary takes physical custody of the person; or

(ii)a person at a prison acting under lawful authority on behalf of the Secretary receives the person into the prison; or

(d)if the person is in a police gaol or is in the physical custody of a police officer or of a person acting under lawful authority on behalf of the Chief Commissioner, when the person escapes from that police gaol or physical custody; or

(e)when the Chief Commissioner releases from his or her legal custody a person who has been issued, while in that custody, with a fine default permit by the Secretary.

(2)Despite subsection (1)(a), a person being detained under an order referred to in section 6(ca) who is in the legal custody of the Chief Commissioner of Police does not cease to be in the legal custody of the Chief Commissioner of Police on the expiration of the order if—

(a)another such order comes into force in relation to the person immediately after that expiration; or

(b)another such order continues in force in relation to the person.

(3)Without limiting paragraph (b) of subsection (1), a reference to lawful direction or authority in that paragraph includes—

(a)a power of arrest (with or without warrant) under any Act; and

(b)a power of apprehension under any Act or at common law.

6EAPrisoner may request delayed release

(1)A person detained in a prison under an order of imprisonment (other than an order referred to in section 6(ca)) may request to be released on the next working day after the day on which the person would otherwise be released.

(2)The Secretary may grant or refuse a request made under subsection (1).

(3)A person who makes a request under subsection (1) remains in the legal custody of the Secretary until the person is released.

6FPowers of court or tribunal not to be affected

(1)Every person in the legal custody of the Secretary under this Part who is brought before a court or tribunal remains in the legal custody of the Secretary, subject to any lawful order or direction of the court or tribunal.

(2)Every person in the legal custody of the Chief Commissioner of Police under this Part who is brought before a court or tribunal remains in the legal custody of the Chief Commissioner, subject to any lawful order or direction of the court or tribunal.

(3)The fact that a person appearing before a court or tribunal is in the legal custody of the Secretary or the Chief Commissioner of Police does not affect any power or authority of the court or tribunal to make orders or directions in relation to the person in respect of the proceedings before the court or tribunal.

Division 2—Custody of the Commissioner

6GWhen is a person in the legal custody of the Commissioner?

(1)A person is deemed to enter the legal custody of the Commissioner when—

(a)a supervision order with an intensive treatment and supervision condition (within the meaning of the Serious Offenders Act 2018) is made in relation to the person; and

(b)either of the following events occurs—

(i)a person acting under lawful authority on behalf of the Commissioner takes physical custody of the person; or

(ii)a person at a residential treatment facility (within the meaning of the Serious Offenders Act 2018) acting under lawful authority on behalf of the Commissioner receives the person into the facility.

(2)A person who enters the legal custody of the Commissioner under subsection (1) is deemed to remain in that custody until that custody ceases under this Part.

(3)Subject to section 6H, a person deemed to enter the legal custody of the Commissioner under subsection (1) who is authorised to be absent from a residential treatment facility continues to be in the legal custody of the Commissioner.

6HWhen does legal custody of the Commissioner cease?

(1)A person ceases to be in the legal custody of the Commissioner—

(a)on the expiration or revocation of—

(i)the intensive treatment and supervision condition imposed on the supervision order (within the meaning of the Serious Offenders Act 2018) to which the person is subject; or

(ii)a supervision order (within the meaning of the Serious Offenders Act 2018) to which the person is subject, if a treatment and supervision condition has been imposed on the supervision order; or

(b)if legal custody is lawfully transferred from the Commissioner to another person, including—

(i)the Secretary under this Act; and

(ii)the Chief Commissioner of Police under this Act, the Serious Offenders Act 2018 or any other Act or law; or

(c)if the person absconds from a residential treatment facility (within the meaning of the Serious Offenders Act 2018); or

(d)if the person is in the physical custody of a person acting under lawful authority on behalf of the Commissioner, when the person—

(i)absconds from that physical custody; or

(ii)wilfully ceases to be in that physical custody; or

(e)if the person is authorised to be in the community but is still in the legal custody of the Commissioner, when the person does not return to the residential treatment facility in accordance with that authorisation.

(2)For the purposes of subsection (1)(e), authorised means a person who is authorised—

(a)under a condition of the supervision order to which the person is subject; or

(b)by a direction or instruction of the Post Sentence Authority; or

(c)by a supervision officer or a specified officer within the meaning of the Serious Offenders Act 2018.

6IPowers of court or tribunal not affected

(1)Every person in the legal custody of the Commissioner under this Part who is brought before a court or tribunal remains in the legal custody of the Commissioner, subject to any lawful order or direction of the court or tribunal.

(2)The fact that a person appearing before a court or tribunal is in the legal custody of the Commissioner does not affect any power or authority of the court or tribunal to make orders or directions in relation to the person in respect of the proceedings before the court or tribunal.

Division 2A—Arrangements for detention of persons subject to certain orders

6JArrangements for detention of person subject to Commonwealth continuing detention order or Commonwealth interim detention order

For the purposes of section 105A.21 of the Criminal Code of the Commonwealth—

(a)the Attorney-General or the Minister, on behalf of the State of Victoria, may enter into an arrangement for the detention at a prison of a person in relation to whom a Commonwealth continuing detention order or a Commonwealth interim detention order is in force; and

(b)the Secretary to the Department is the chief executive officer authorised to detain the person at a prison while the Commonwealth continuing detention order or Commonwealth interim detention order is in force.

6KPersons detained under arrangement to be managed under this Act

(1)Subject to this Part, a person who is detained in prison under an arrangement mentioned in section 6J is to be managed under this Act.

(2)The person must be treated in a way that is appropriate to the person's status as a person not serving a sentence of imprisonment, subject to any reasonable requirements necessary to maintain one or more of the following—

(a)the management, security or good order of the prison;

(b)the safe custody and welfare of the person or other prisoners;

(c)the safety and protection of the community.

(3)Except as provided in subsection (4), the person must not be accommodated or detained in the same area or unit of the prison as persons serving custodial sentences.

(4)The person may be accommodated or detained in the same area or unit of the prison as persons serving custodial sentences if—

(a)it is reasonably necessary for the purposes of rehabilitation, treatment, work, education or general socialisation or for related purposes; or

(b)it is necessary for the safe custody or welfare of the person or other prisoners or the security or good order of the prison; or

(c)the person has elected to be so accommodated or detained; or

(d)it is reasonably necessary for the safety and protection of the community.

(5)This section does not apply to the person if the person is serving a sentence of imprisonment.

6LValidation

(1)This section applies if, before the commencement day, the Attorney-General or the Minister, on behalf of the State of Victoria, entered into or purportedly entered into an arrangement for the detention at a prison of a person in relation to whom a Commonwealth continuing detention order or a Commonwealth interim detention order is or was in force.

(2)The arrangement has the same effect, and gives rise to the same consequences, and is to be regarded as always having had the same effect and having given rise to the same consequences, as it would have if this Act as amended by Division 1 of Part 6 of the Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020 had been in operation when the arrangement was entered into or purportedly entered into.

(3)Any act or thing done or omitted to be done, or purportedly done or omitted to be done, whether under a power conferred by or under an enactment or otherwise, before or after the commencement day, in reliance on or in relation to the arrangement, has the same effect, and gives rise to the same consequences, and is to be regarded as always having had the same effect and having given rise to the same consequences, as it would have if this Act as amended by Division 1 of Part 6 of the Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020 had been in operation when the act or thing was done or omitted to be done or purportedly done or omitted to be done.

(4)A right or liability conferred or imposed by or in relation to the arrangement, or purportedly conferred or imposed by or in relation to the arrangement, is exercisable or enforceable, and is to be regarded as always having been exercisable or enforceable, as if this Act as amended by Division 1 of Part 6 of the Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020 had been in operation when the right or liability was conferred or imposed or purportedly conferred or imposed.

(5)In this section—

commencement day means the day on which Division 1 of Part 6 of the Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020 commences.

PART 2—ADMINISTRATION

7Functions of Secretary

(1)The Secretary is responsible for monitoring performance in the provision of all correctional services to achieve the safe custody and welfare of prisoners and offenders.

*                *                *                *                *

8Delegation

(1)The Secretary may, by instrument, delegate to the Commissioner or to any other employee of the Department or to any officer within the meaning of Part 5 or Part 9 any function, power, duty or responsibility of the Secretary—

(a)under this Act or the regulations or under any other Act other than the Public Administration Act 2004; or

(ab)under regulations made under any Act other than the Public Administration Act 2004; or

(b)under an agreement under Part 2A—

except this power of delegation and the Secretary's powers under section 54A.

(2)The Secretary may under subsection (1) delegate a function, power, duty or responsibility to a person or class of persons.

8ACommissioner

(1)The Secretary may under Part 3 of the Public Administration Act 2004 employ a person to be Commissioner for the purposes of this Act.

(2)The Commissioner is responsible for—

(a)assessing performance in the provision of all correctional services to achieve the safe custody and welfare of prisoners and offenders; and

(ab)the performance of functions under the Serious Offenders Act 2018; and

(b)exercising any other functions relating to correctional services that the Secretary may determine from time to time.

(3)The Commissioner must endeavour to exercise his or her functions in relation to correctional services impartially between all providers of correctional services so far as this is consistent with the safe custody and welfare of prisoners and offenders and the proper operation of the correctional services.

8ABDelegation by Commissioner

The Commissioner may by instrument delegate to any employee of the Department any of the Commissioner's powers and functions under this Act other than this power of delegation.

*                *                *                *                *

PART 2A—ENGAGEMENT OF CONTRACTORS

Division 1—Correctional services agreements

8BMinister may enter into correctional services agreements

(1)The Minister may, for and on behalf of the Crown—

(a)enter into an agreement with a person or body for the provision by that person or body of any correctional services; or

(b)enter into an agreement with a person or body which is ancillary to an agreement entered into under paragraph (a), including an agreement with any person or body providing financial accommodation (within the meaning of the Borrowing andInvestment Powers Act 1987) or a guarantee in respect of an agreement entered into under paragraph (a).

(2)The Minister must obtain the written approval of the Treasurer before entering into an agreement under subsection (1).

8CMatters to be included in agreement

(1)An agreement under section 8B(1)(a) must provide for—

(a)compliance by the contractor with all relevant provisions of this Act or the regulations or of any other Act or instrument of a legislative character;

(b)objectives and performance standards in relation to the provision of services;

(c)the fees, costs and charges to be paid to the contractor;

(d)the submission of periodic reports in relation to the contractor's operations under the agreement;

(e)an indemnity by the contractor in favour of the Crown and the Minister;

(f)the office the holder of which is to be the principal officer for the purposes of the application of the Freedom of Information Act 1982 to the contractor;

(g)the office the holder of which is to be the principal officer for the purposes of the application of the Ombudsman Act 1973 to the contractor;

(h)any other matter that may be prescribed.

(2)An agreement under section 8B(1) may contain—

(a)a provision leaving any matter to be determined, approved or dispensed with by a specified person or body;

(b)a provision providing for the assignment to the Minister or any other person of any right or interest;

(c)a provision providing for the Minister to delegate powers and functions under the agreement;

(d)a provision providing for sub-contracting;

(e)a provision requiring the provision by the contractor of a performance bond;

(f)a provision providing for the suspension of obligations under the agreement in specified circumstances, except the obligations referred to in subsection (1)(e), (f) and (g);

(g)in the case of an agreement under section 8B(1)(b), a provision providing for—

(i)the Minister to take over, or nominate any other person or body to take over, rights or obligations under any other agreement or transaction;

(ii)the transfer of land to the Minister in the circumstances set out in the agreement;

(h)a provision providing for rights of access in relation to correctional services;

(ha)a provision providing for the Minister to grant a lease or licence under section 8CA;

(i)any other provisions that are not inconsistent with this Act or the regulations.

8CAMinister may grant lease or licence over reserved Crown land

(1)This section applies to Crown land—

(a)reserved for prison purposes under section 4 of the Crown Land (Reserves) Act 1978; and

(b)on which a prison is or is to be located.

(2)Subject to subsection (3), the Minister may, for and on behalf of the Crown, grant a lease or licence over land to which this section applies.

(3)A lease or licence granted under subsection (2)—

(a)may be entered into for the purposes of an agreement under section 8B(1)(a); and

(b)must be for a specific term not exceeding 99 years; and

(c)is not subject to the Land Act 1958 or the Crown Land (Reserves) Act 1978.

8DAgreement to run with land

(1)An agreement entered into under section 8B(1)(b) under which the owner of land covenants to transfer that land to the Minister in the circumstances set out in the agreement must be under seal and must bind the owner of land to those covenants.

(2)Sections 181, 182 and 183 of the Planning and Environment Act 1987 apply to that agreement as if a reference in those sections to the responsible authority were a reference to the Minister.

(3)Land which is transferred to the Minister in accordance with an agreement under section 8B(1)(b) is deemed to be unalienated land of the Crown freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.

(4)No compensation is payable by the Crown in respect of the transfer of land to the Minister in accordance with an agreement under section 8B(1)(b) except compensation (if any) which is expressly provided for in that agreement.

8ERights of access

(1)A contractor or sub-contractor must give the Minister, the Secretary, the Commissioner and any person authorised by the Secretary or the Commissioner free and unfettered access at all times, together with any assistants and equipment that the Minister, the Secretary, the Commissioner or authorised person considers necessary—

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 45) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Serious Sex Offenders Monitoring Act 2005, No. 1/2005

Assent Date:	1.3.05
Commencement Date:	S. 47 on 26.5.05 : Government Gazette 26.5.05 p. 1069
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Corrections (Transition Centres and Custodial Community Permits) Act 2005, No. 2/2005

Assent Date:	5.4.05
Commencement Date:	Ss 3–8 on 1.8.05: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.05.05
Commencement Date:	S. 18(Sch. 1 item 22) on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Sentencing and Mental Health Acts (Amendment) Act 2005, No. 69/2005

Assent Date:	11.10.05
Commencement Date:	S. 26 on 1.10.06: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Prisoners (Interstate Transfer) (Amendment) Act 2005, No. 81/2005

Assent Date:	22.11.05
Commencement Date:	Ss 6, 7(2)(3), 8, 9 on 23.11.05: s. 2(1); s. 7(1) on 23.2.06: Government Gazette 23.2.06 p. 366
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Health Professions Registration Act 2005, No. 97/2005

Assent Date:	7.12.05
Commencement Date:	S. 182(Sch. 4 item 13) on 1.7.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Terrorism (Community Protection) (Amendment) Act 2006, No. 5/2006

Assent Date:	7.3.06
Commencement Date:	S. 14 on 9.3.06: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Disability Act 2006, No. 23/2006

Assent Date:	16.5.06
Commencement Date:	S. 235 on 1.7.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Education and Training Reform Act 2006, No. 24/2006

Assent Date:	16.5.06
Commencement Date:	S. 6.1.2(Sch. 7 item 10) on 1.7.07: Government Gazette 28.6.07 p. 1304
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	S. 90 on 1.7.06: Government Gazette 29.6.06 p. 1315
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006

Assent Date:	15.8.06
Commencement Date:	S. 42(Sch. item 8) on 23.4.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Corrections and Other Justice Legislation (Amendment) Act 2006, No. 49/2006

Assent Date:	15.8.06
Commencement Date:	Ss 3, 4, 6–8 on 16.8.06: s. 2(1): s. 5 on 1.10.06: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 20) on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Statute Law Revision Act 2007, No. 28/2007

Assent Date:	26.6.07
Commencement Date:	S. 3(Sch. item 14) on 27.6.07: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Justice Legislation Amendment Act 2007, No. 53/2007

Assent Date:	17.10.07
Commencement Date:	Ss 16, 17 on 1.7.05: s. 2(2); s. 18 on 18.10.07: s. 2(1); ss 15, 21 on 1.12.07: s. 2(4); ss 19, 20 on 1.5.08: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Relationships Act 2008, No. 12/2008

Assent Date:	15.4.08
Commencement Date:	S. 73(1)(Sch. 1 item 12) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Justice Legislation Amendment Act 2008, No. 21/2008

Assent Date:	2.6.08
Commencement Date:	Ss 3–5 on 3.6.08: s. 2(1); s. 6 on 3.6.08: Special Gazette (No. 148) 3.6.08 p. 1
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Corrections Amendment Act 2008, No. 50/2008

Assent Date:	23.9.08
Commencement Date:	24.9.08: s. 2
CurrentState:	All of Act in operation

Family Violence Protection Act 2008, No. 52/2008

Assent Date:	23.9.08
Commencement Date:	Ss 238–241 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Stalking Intervention Orders Act 2008, No. 68/2008

Assent Date:	18.11.08
Commencement Date:	Ss 67, 68 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Justice Legislation Further Amendment Act 2009, No. 55/2009

Assent Date:	22.9.09
Commencement Date:	Ss 3–6 on 30.10.09: Government Gazette 29.10.09 p. 2729
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 33) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 2 item 14) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Serious Sex Offenders (Detention and Supervision) Act 2009, No. 91/2009

Assent Date:	15.12.09
Commencement Date:	Ss 201–218 on 1.1.10: Government Gazette 24.12.09 p. 3397
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:	30.3.10
Commencement Date:	S. 51(Sch. item 16) on 1.7.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Health and Human Services Legislation Amendment Act 2010, No. 29/2010

Assent Date:	8.6.10
Commencement Date:	S. 52 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Justice Legislation Amendment Act 2010, No. 30/2010

Assent Date:	8.6.10
Commencement Date:	Ss 45–55 on 1.1.11: Government Gazette 28.10.10 p. 2583
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Personal Safety Intervention Orders Act 2010, No. 53/2010

Assent Date:	7.9.10
Commencement Date:	S. 222 on 1.12.10: Government Gazette 14.10.10 p. 2405; s. 221(Sch. item 3) on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Justice Legislation Further Amendment Act 2010, No. 64/2010

Assent Date:	28.9.10
Commencement Date:	S. 15 on 28.10.10: Government Gazette 28.10.10 p. 2583
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011, No. 48/2011

Assent Date:	22.9.11
Commencement Date:	Ss 3−11 on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 4
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011

Assent Date:	22.11.11
Commencement Date:	S. 107(Sch. item 2) on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

Assent Date:	18.12.12
Commencement Date:	S. 285 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Corrections Amendment Act 2013, No. 10/2013

Assent Date:	13.3.13
Commencement Date:	Ss 4(1), 8–19, 22–35, 36(1), 37 on 30.4.13: Special Gazette (No. 141) 16.4.13 p. 1; ss 4(2), 5–7, 20, 21, 36(2) on 1.11.13: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Justice Legislation Amendment (Cancellation of Parole and Other Matters) Act 2013, No. 15/2013

Assent Date:	26.3.13
Commencement Date:	Ss 3–7 on 20.5.13: Special Gazette (No. 141) 16.4.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Corrections Further Amendment Act 2013, No. 26/2013

Assent Date:	15.5.13
Commencement Date:	20.3.13: s. 2
CurrentState:	All of Act in operation

Corrections Amendment (Breach of Parole) Act 2013, No. 46/2013 (as amended by No. 25/2014)

Assent Date:	10.9.13
Commencement Date:	Ss 3, 4 on 1.7.14: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Corrections Amendment (Parole Reform) Act 2013, No. 62/2013

Assent Date:	6.11.13
Commencement Date:	Ss 3–13 on 20.11.13: Special Gazette (No. 409) 19.11.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013

Assent Date:	12.11.13
Commencement Date:	S. 649(Sch. 9 item 6) on 1.7.14: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Crimes Amendment (Investigation Powers) Act 2013, No. 72/2013

Assent Date:	3.12.13
Commencement Date:	S. 19 on 1.7.14: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Education and Training Reform Amendment (Dual Sector Universities) Act 2013, No. 76/2013

Assent Date:	17.12.13
Commencement Date:	Ss 23, 24 on 1.1.14: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Corrections Legislation Amendment Act 2014, No. 12/2014

Assent Date:	18.3.14
Commencement Date:	Ss 10–13, 17 on 19.3.14: s. 2(1); ss 6, 7, 9, 15, 16, 21 on 8.4.14: Special Gazette (No. 112) 8.4.14 p. 1; ss 3, 8, 18, 19 on 1.5.14: Special Gazette (No. 112) 8.4.14 p. 1; ss 4, 5, 14 on 1.7.14: Special Gazette (No. 136) 29.4.14 p. 1; s. 20 on 1.7.14: Special Gazette (No. 112) 8.4.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 23) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Corrections Amendment (Parole) Act 2014, No. 18/2014

Assent Date:	1.4.14
Commencement Date:	2.4.14: s. 2
CurrentState:	All of Act in operation

Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014, No. 25/2014

Assent Date:	8.4.14
Commencement Date:	S. 12 on 9.4.14: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Mental Health Act 2014, No. 26/2014

Assent Date:	8.4.14
Commencement Date:	S. 455(Sch. item 6) on 1.7.14: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Corrections Amendment (Further Parole Reform) Act 2014, No. 31/2014

Assent Date:	13.5.14
Commencement Date:	Ss 3–9 on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 32) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Corrections Amendment (Smoke-Free Prisons) Act 2014, No. 45/2014

Assent Date:	1.7.14
Commencement Date:	Ss 3, 5 on 2.7.14: s. 2(1); s. 4 on 1.7.15: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Fines Reform Act 2014, No. 47/2014

Assent Date:	1.7.14
Commencement Date:	S. 255 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014

Assent Date:	26.8.14
Commencement Date:	S. 186 on 27.8.14: s. 2(1); s. 144 on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	S. 147(Sch. 2 item 11) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Justice Legislation Amendment Act 2015, No. 20/2015

Assent Date:	16.6.15
Commencement Date:	Ss 38, 39 on 17.6.15: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Corrections Legislation Amendment Act 2015, No. 41/2015

Assent Date:	22.9.15
Commencement Date:	Ss 3, 4, 7–9, 11–13, 20, 23–43 on 23.9.15: s. 2(1); ss 14–19, 21–22 on 9.12.15: Special Gazette (No. 389) 8.12.15 p. 1; ss 5, 6 on 1.7.16: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Serious Sex Offenders (Detention and Supervision) and Other Acts Amendment Act 2015, No. 52/2015

Assent Date:	13.10.15
Commencement Date:	S. 43 on 14.10.15: s. 2(1); ss 42, 44, 45 on 1.12.15: Special Gazette (No. 363) 24.11.15 p. 1
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Justice Legislation Amendment (Police Custody Officers) Act 2015, No. 59/2015

Assent Date:	18.11.15
Commencement Date:	Ss 8–23 on 19.11.15: s. 2
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Bail Amendment Act 2016, No. 1/2016

Assent Date:	16.2.16
Commencement Date:	S. 18(3) on 2.5.16: Special Gazette (No. 103) 19.4.16 p. 1
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Health Complaints Act 2016, No. 22/2016

Assent Date:	3.5.16
Commencement Date:	Ss 164–166 on 1.2.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Serious Sex Offenders (Detention and Supervision) Amendment (Community Safety) Act 2016, No. 32/2016

Assent Date:	31.5.16
Commencement Date:	Ss 45–49 on 1.6.16: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

National Domestic Violence Order Scheme Act 2016, No. 53/2016

Assent Date:	18.10.16
Commencement Date:	Ss 94, 95 on 25.11.17: Special Gazette (No. 388) 15.11.17 p. 1
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Corrections Legislation Amendment Act 2016, No. 57/2016

Assent Date:	2.11.16
Commencement Date:	Ss 3–7, 9–15 on 3.11.16: s. 2(1); s. 16 on 28.6.17: Special Gazette (No. 216) 27.6.17 p. 1; s. 8 on 1.8.17: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Justice Legislation Amendment (Parole Reform and Other Matters) Act 2016, No. 76/2016

Assent Date:	13.12.16
Commencement Date:	Ss 3–8 on 14.12.16: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017

Assent Date:	16.5.17
Commencement Date:	S. 134(Sch. 1 item 4) on 1.9.17: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Bail Amendment (Stage One) Act 2017, No. 26/2017

Assent Date:	27.6.17
Commencement Date:	S. 20 on 21.5.18: Special Gazette (No. 218) 15.5.18 p. 1
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Corrections Legislation Miscellaneous Amendment Act 2017, No. 31/2017

Assent Date:	15.8.17
Commencement Date:	Ss 3, 7–11, 13, 14 on 16.8.17: s. 2(1); ss 4–6, 12 on 1.2.18: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Crimes Legislation Amendment (Public Order) Act 2017, No. 32/2017

Assent Date:	15.8.17
Commencement Date:	S. 9 on 13.9.17: Special Gazette (No. 303) 12.9.17 p. 1
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017

Assent Date:	29.8.17
Commencement Date:	S. 78 on 30.8.17: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017, No. 43/2017

Assent Date:	26.9.17
Commencement Date:	S. 34 on 26.2.18: Special Gazette (No. 406) 28.11.17 p. 1
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017, No. 45/2017

Assent Date:	26.9.17
Commencement Date:	Ss 28–40 on 26.9.17: s. 2(2); ss 12–14 on 1.4.18: Special Gazette (No. 136) 27.3.18 p. 3
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Act 2017, No. 57/2017

Assent Date:	8.11.17
Commencement Date:	S. 45 on 27.2.18: Special Gazette (No. 49) 13.2.18 p. 1
Current State:	This information relates only to the provision/s amending the Corrections Act 1986

Corrections Legislation Further Amendment Act 2017, No. 64/2017

Assent Date:	19.12.17
Commencement Date:	Ss 3, 4, 7–13, 15, 16, 18, 19, 21–26 on 20.12.17: s. 2(1); ss 5, 6, 14, 17, 20 on 1.8.18: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 32) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Corrections Act 1986

Serious Offenders Act 2018, No. 27/2018

Assent Date:	26.6.18
Commencement Date:	Ss 351(Sch. 4 cl. 19), 354, 355 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1
Current State:	This information relates only to the provision/s amending the Corrections Act 1986

Corrections Amendment (Parole) Act 2018, No. 29/2018

Assent Date:	31.7.18
Commencement Date:	Ss 4–6 on 1.8.18: s. 2
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Justice Legislation Amendment (Terrorism) Act 2018, No. 32/2018

Assent Date:	7.8.18
Commencement Date:	Ss 114–117 on 8.8.18: s. 2(1); ss 127–129 on 1.10.18: s. 2(2); ss 118–126, 130 on 30.11.18: Special Gazette (No. 497) 23.10.18 p. 1
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018

Assent Date:	14.8.18
Commencement Date:	S. 85 on 31.7.19: Special Gazette (No. 306) 30.7.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Justice Legislation Amendment (Police and Other Matters) Act 2019, No. 3/2019

Assent Date:	13.3.19
Commencement Date:	S. 79 on 1.7.19: Special Gazette (No. 215) 4.6.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019

Assent Date:	25.6.19
Commencement Date:	S. 256 on 1.7.20: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Births, Deaths and Marriages Registration Amendment Act 2019, No. 25/2019

Assent Date:	3.9.19
Commencement Date:	Ss 26–30 on 1.5.20: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Justice Legislation Amendment (Serious Offenders and Other Matters) Act 2019, No. 45/2019

Assent Date:	19.11.19
Commencement Date:	Ss 19(2)(3), 20, 30–46 on 20.11.19: s. 2(1); ss 19(1), 21−29 on 31.1.20: Special Gazette (No. 37) 29.1.20 p. 1
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020

Assent Date:	24.4.20
Commencement Date:	S. 26 on 25.4.20: s. 2
Current State:	This information relates only to the provision/s amending the Corrections Act 1986

Crimes Amendment (Manslaughter and Related Offences) Act 2020, No. 16/2020

Assent Date:	10.6.20
Commencement Date:	Ss 15, 16 on 1.7.20: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020

Assent Date:	20.10.20
Commencement Date:	S. 20 on 21.10.20: s. 2
Current State:	This information relates only to the provision/s amending the Corrections Act 1986

Worker Screening Act 2020, No. 34/2020

Assent Date:	4.11.20
Commencement Date:	Ss 191, 192 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1
Current State:	This information relates only to the provision/s amending the Corrections Act 1986

Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020, No. 35/2020

Assent Date:	17.11.20
Commencement Date:	Ss 44−50 on 18.11.20: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Justice Legislation Amendment (Drug Court and Other Matters) Act 2020, No. 43/2020

Assent Date:	8.12.20
Commencement Date:	Ss 35, 36 on 26.4.21: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021

Assent Date:	23.3.21
Commencement Date:	S. 202 on 24.3.21: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021, No. 53/2021

Assent Date:	7.12.21
Commencement Date:	S. 25 on 8.12.21: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Mental Health and Wellbeing Act 2022, No. 39/2022 (as amended by No. 20/2023)

Assent Date:	6.9.22
Commencement Date:	Ss 802−810 on 1.9.23: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Corrections Amendment (Parole Reform) Act 2023, No. 36/2023

Assent Date:	5.12.23
Commencement Date:	Ss 4−12 on 6.12.23: s. 2
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	S. 113(Sch. 1 item 4) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Corrections Legislation Amendment Act 2025, No. 28/2025

Assent Date:	19.8.25
Commencement Date:	Ss 30–38 on 20.8.25: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

Statute Law Revision Act 2025, No. 41/2025

Assent Date:	21.10.25
Commencement Date:	S. 3(Sch. 1 item 13) on 22.10.25: s. 2
CurrentState:	This information relates only to the provision/s amending the Corrections Act 1986

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3   Explanatory details

[1] S. 32(5): Persons apprehended under section 32(5) are to be treated as if apprehended under section 459 of the Crimes Act 1958, No. 6231. This means that the provisions of the Crimes Act 1958 dealing with the period for which the apprehended person can be held and the bringing of the apprehended person before the court apply.

[2] S. 110: The amendment proposed by section 97(Schedule item 33.2) of the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 (repealed) is not included in this publication because section 110 was repealed before this amendment came into operation.

Section 97(Schedule item 33.2) read as follows:

Schedule

33Corrections Act 1986

33.2In section 110(c), for "section 128A of the Magistrates' Court Act 1989" substitute "section 59 of the Criminal Procedure Act 2009".