Corrections (Amendment) Act 2003 (Vic)

Corrections (Amendment) Act 2003

Act No. 38/2003

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Immunity for police transport providers	2
4.	Testing of prisoners for substance use	2
5.	Substitution of section 81	3
81.	Interstate laws	3
6.	Grounds on which permit may be granted	4
7.	Changes concerning the effect of the permit	4
8.	Effect of permit issued under interstate law	4
9.	Escape of prisoner on leave of absence	4
10.	Insertion of section 84EA	6
84EA. Liability for prisoners on leave	6
11.	Supreme Court—limitation of jurisdiction	6

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ENDNOTES 7

i

Victoria

No. 38 of 2003

Corrections (Amendment) Act 2003†

[Assented to 11 June 2003]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the

Corrections Act 1986—

(a)	to clarify Governors' powers to direct prisoners to submit to tests to assess whether they are using alcohol; and
(b)	to make changes with respect to the granting of interstate leave of absence for prisoners; and
(c)	to make other miscellaneous amendments to that Act.

Corrections (Amendment) Act 2003

Act No. 38/2003 s. 2

2. Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3. Immunity for police transport providers

See:

In section 9CB(3) of the Corrections Act 1986,	Act No.
after "injury" insert "or damage".	117/1986. Reprint No. 4
as at 26 August
1999 and amending Act Nos
38/1988, 11/1993 (as
amended by Nos 23/1994
and 45/1996), 86/2000,
45/2001, 72/2001,
2/2002 and 35/2002.
LawToday:
dpc.vic.
gov.au

4. Testing of prisoners for substance use

(1) Insert the following heading to section 29A of the

Corrections Act 1986—
"Prisoners may be tested for drug or alcohol

use".

(2) For section 29A(1) of the Corrections Act 1986

substitute—

"(1) If the Governor considers it necessary to do so in the interests of the management, good order or security of the prison, he or she may

at any time direct a prisoner to submit to
tests to assess whether the prisoner has used

or consumed—

(a) any alcohol; or
Corrections (Amendment) Act 2003

s. 5 Act No. 38/2003

(b)	any drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981; or
(c)	any poison listed in Schedule 8 or 9 of the Poisons List prepared under that Act.".

(3) After section 29A(2) of the Corrections Act 1986

insert—

"(3) The following are deemed to be, and to have always been, valid—

(a)	any direction given, or purportedly given, under this Act before the date of commencement of section 4 of the Corrections (Amendment) Act 2003 requiring a prisoner to submit to any test to assess whether the prisoner was using alcohol; and
(b)	any test conducted on a urine sample, taken under this section before the date of commencement of section 4 of the Corrections (Amendment) Act 2003, to assess whether the prisoner who provided the sample was using alcohol.".

5. Substitution of section 81

For section 81 of the Corrections Act 1986 substitute—

"81. Interstate laws

The Governor in Council may, by Order published in the Government Gazette, declare that a law of a State other than Victoria is an interstate law for the purposes of this Part.".

Corrections (Amendment) Act 2003

Act No. 38/2003 s. 6

6. Grounds on which permit may be granted

In section 82(c) of the Corrections Act 1986,
after "compassionate purpose" insert "(including,
in the case of an Aboriginal prisoner, to enable the
prisoner to be present at an occasion of special
significance to the prisoner's immediate or

extended family)".

7. Changes concerning the effect of the permit

In section 83 of the Corrections Act 1986—

(a)	in sub-section (1)(a), omit "in the physical custody of a prison officer";
(b)	in sub-section (1)(b), for "authorises the prison" substitute "if the Secretary requires the prisoner to be escorted while absent from the prison, authorises the escort";
(c)	in sub-section (2), for "3 days" substitute "7 days";

(d) sub-section (4) is repealed.

8. Effect of permit issued under interstate law

In section 84C(1)(a) of the Corrections Act 1986, omit "for a purpose similar to a purpose set out in section 82(a), (b) or (c)".

9. Escape of prisoner on leave of absence

(1) Insert the following heading to section 84D of the

Corrections Act 1986—
"Apprehension of prisoner who escapes or fails

to return etc.".

(2) After section 84D(1) of the Corrections Act 1986

insert—

"(1A) A person who enters Victoria under a permit issued by a participating State permitting the person to travel without an escort to, or

through, Victoria may be apprehended

Corrections (Amendment) Act 2003

s. 9 Act No. 38/2003

without warrant in Victoria by any member
of the police force or anyone else if the

person fails—

(a)	to return to the participating State as required by the terms of the permit; or
(b)	to comply with any other term of the permit.".

(3) For section 84D(2) of the Corrections Act 1986

substitute—

"(2) If—

(a)	a person is apprehended under sub- section (1) or (1A); or
(b)	a person in custody under section 84C has attempted to escape—

the person may be taken before the

Magistrates' Court.

(2A) The Magistrates' Court may, despite the

terms of any permit issued under an

interstate law, by warrant—

(a)	order the person to be returned to the participating State in which the permit was issued; and
(b)	for that purpose, order the person to be delivered to an escort.".

(4) In section 84D(3) of the Corrections Act 1986,

for "and (2)" substitute ", (1A), (2) and (2A)".

(5) In sections 84D(4), 84D(5), 84D(6) and 84D(7) of

the Corrections Act 1986, for "sub-section (2)"
substitute "sub-section (2A)".

Corrections (Amendment) Act 2003

Act No. 38/2003 s. 10

10. Insertion of section 84EA

After section 84E of the Corrections Act 1986 insert—

"84EA. Liability for prisoners on leave

(1) The State of Victoria is liable for any loss or

damage sustained by any person in a
participating State that is caused by an act or
omission of a prisoner or an escort officer
while in the participating State under, or for
the purposes of, a permit.

(2) Nothing in this section affects any right of

action the State of Victoria may have against the prisoner or escort officer for the damage or loss.".

11. Supreme Court—limitation of jurisdiction

After section 111A(3) of the Corrections

Act 1986 insert—

"(3A) It is the intention of section 9CB, as

amended by the Corrections (Amendment)
Act 2003, to alter or vary section 85 of the

Constitution Act 1975.".

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Corrections (Amendment) Act 2003

Endnotes Act No. 38/2003

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 1 May 2003

Legislative Council: 22 May 2003

The long title for the Bill for this Act was "to amend the Corrections Act

1986 and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 1 May 2003

Legislative Council: 22 May 2003

Absolute majorities:

Legislative Assembly: 21 May 2003

Legislative Council: 4 June 2003