Corrections Amendment Regulations 2025 (Vic)

Corrections Amendment Regulations 2025

S.R. No. 118/2025

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Use of instrument of restraint in prisons

6Strip searches of prisoners—general requirements

7Revocation of a cancellation of a parole order

8Form 18 of Schedule 2 substituted

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Endnotes

STATUTORY RULES 2025

S.R. No. 118/2025

Corrections Act 1986

Corrections Amendment Regulations 2025

The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 18 November 2025

Responsible Minister:

ENVER ERDOGAN
Minister for Corrections

ANGELA SMITH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Corrections Regulations 2019—

(a)to make changes consequential to the enactment of the Corrections Legislation Amendment Act 2025; and

(b)to make further provision in relation to the Governor of a prison directing prison officers to apply an instrument of restraint; and

(c)to make further provision in relation to the requirement to allow prisoners to dress in private after a strip search; and

(d)to make other minor and technical amendments.

2Authorising provision

These Regulations are made under section 112 of the Corrections Act 1986.

3Commencement

These Regulations come into operation on 18 November 2025.

4Principal Regulations

In these Regulations, the Corrections Regulations 2019[1] are called the Principal Regulations.

5Use of instrument of restraint in prisons

(1)After regulation 14(1) of the Principal Regulations insert—

"(1A)If the Governor believes on reasonable grounds that—

(a)a prisoner has committed an assault on—

(i)a custodial worker on duty; or

(ii)another person employed or engaged to work in a prison while working in a prison; and

(b)the assault was of a kind specified by the Commissioner in accordance with subregulation (1C)—

the Governor must direct that a prison officer is to apply an instrument of restraint to the prisoner unless the Governor is satisfied that exceptional circumstances make it unnecessary to do so.

(1B)A direction under subregulation (1) or (1A) may direct that an instrument of restraint is to be applied—

(a)in the circumstances, or at the times or places, specified in the direction; and

(b)by—

(i)a prison officer specified in the direction; or

(ii)a prison officer of a class specified in the direction.

(1C)For the purposes of subregulation (1A), the Commissioner may specify in an instrument a kind of assault that will make a direction under that subregulation necessary, in the Commissioner's opinion—

(a)for the safety of the prisoner or any other person; or

(b)for the security or good order of the prison.".

(2)In regulation 14(4) of the Principal Regulations, for "Subject to subregulations (1) and (3)" substitute "Without limiting subregulations (1), (1A) and (3)".

6Strip searches of prisoners—general requirements

(1)For regulation 86(2)(e) of the Principal Regulations substitute—

"(e)the prisoner is allowed to dress immediately after a strip search is conducted; and

(ea)the prisoner is allowed to dress in private after a strip search is conducted unless the prison officer believes on reasonable grounds that allowing the prisoner to dress in private may threaten—

(i)the safe custody or welfare of the prisoner; or

(ii)the security or good order of the prison; and".

(2)After regulation 86(5)(d) of the Principal Regulations insert—

"(da)if the prisoner was not allowed to dress in private after the search was conducted, the reason for not allowing the prisoner to dress in private;".

7Revocation of a cancellation of a parole order

In regulation 122(1) of the Principal Regulations, after "section 77A(1)" insert ", (1A) or (2)".

8Form 18 of Schedule 2 substituted

For Form 18 of Schedule 2 to the Principal Regulations substitute—

"FORM 18

Regulation 122

REVOCATION OF CANCELLATION OF A PAROLE ORDER

[Given names]   [Surname in BLOCK letters]

was convicted and sentenced to a term of imprisonment with a non-parole period for [insert offence(s), name of Court and date of sentence].

·By the order of the Adult Parole Board dated [insert date] your parole order was cancelled on [insert date].*

·Your parole was taken to have been cancelled under section 77(6) of the Corrections Act 1986 on [insert date] because you were convicted of relevant offences under that section.*

·Your parole was taken to have been cancelled under section 77(7A) of the Corrections Act 1986 on [insert date] because you were sentenced to another term of imprisonment.*

Now the Adult Parole Board, by order, revokes the cancellation of the parole order, pursuant to section 77A of the Corrections Act 1986.

Your parole order is revived by this order. You remain on parole.

[Insert reasons for the decision to revoke the cancellation of the parole order]

[If the parole order was taken to be cancelled under section 77(6) of the Corrections Act 1986 but the Adult Parole Board revokes that cancellation under section 77A(2) of that Act, insert a statement noting that the Board is satisfied that exceptional circumstances exist]

Dated this                    day of                20       .

For and on behalf of the Adult Parole Board

Member/Secretary of the Adult Parole Board*

*Delete if inapplicable".

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ENDNOTES

[1] Reg. 4: S.R. No. 27/2019 as amended by S.R. Nos 46/2019 and 26/2023.