Corrections Regulations 2019 (Vic)

Version No. 004

Corrections Regulations 2019

S.R. No. 27/2019

Version incorporating amendments as at

18 November 2025

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provisions

3Commencement

4Revocations

5Definitions

Part 2—Officers

6Conduct of officers

7Prescribed class of persons

8Powers and functions of Governor and Regional Manager

Part 3—Management and security

Division 1—Management and security of prisons

9Non-lethal firearms

10Unauthorised removal of firearms and ammunition

11Approved dogs

12Use of dogs

13Instruments of restraint

14Use of instrument of restraint in prisons

15Use of instrument of restraint for lengthy period

16Notification to Governor about use of instrument of restraint

17Suspected dangerous parcels may be disposed of

18Certain confidential parcels may be inspected

19When other parcels may be stopped and inspected

20Prisoners' letters—prescribed persons and bodies

21Register of parcels

22Restrictions of communications during emergency

23Absence to attend court or a hearing

24Wearing of non-prison clothing

Division 2—Classification of prisoners

25Classification system

26Classification of prisoners

27Sentence management panels

28Case management review committees

29Secretary may make rules

30Determination of classification

31Determination of placement

Division 3—Other matters

32Order to separate a prisoner from other prisoners

33Prisoner privileges

34Placement of prisoner's child

35Decision of Secretary in relation to placement of prisoner's child

36Review of placement of prisoner's child

37Record of prisoner's child living in prison

38Restrictions on children

39Conditions of custodial community permit

40Offence to smoke at a prison

41Prescribed persons allowed to operate remotely piloted aircraft or helicopter

Part 4—Prisoner's money

42Definitions

43Remuneration

44Dismissal from work in a prison industry

45Prisoner trust account

46Secretary may approve expenditure of interest on money in prisoner trust account for victims' assistance

47Regulation of prisoner's money

48Expenditure of prisoner's money

49Prisoner savings

50Agreement between prisoner and Secretary in relation to art and other things made or produced by the prisoner

51Agreement to undertake paid employment outside prison

52Terms and conditions of agreement to undertake paid employment outside a prison

53Restriction on paid employment outside a prison

54Earnings from paid employment outside a prison to be paid into prisoner trust account

55Secretary must allocate earnings from paid employment outside a prison to assist victims of crime or family members

Part 5—Prisoner's property

56Bringing property into a prison

57Entry of property

58Storage of prisoner's property

59Dealing with prisoner's property

60Transfer of prisoner's property

61Disposal of prisoner's property

62Giving or selling of prisoner's property

63Deceased prisoner's property

Part 6—Prison discipline

64Definition

65Prison offences

66Investigation of prison offence

67Conduct of disciplinary hearing

68Prisoner must be given details of the charge and procedure of the disciplinary hearing

69Preliminary steps if prisoner is present at the disciplinary hearing

70Procedure if prisoner pleads not guilty

71Procedure if prisoner pleads guilty

72Procedure if prisoner refuses or fails to attend the disciplinary hearing

73Dismissal of charge

74Steps to be taken once Governor has made a decision at the disciplinary hearing

Part 7—Access to prisoners

75Visits by lawyers to prisoners in prison

76Communication with prisoners brought before a court or tribunal

77Visits by police

78Visit by an independent prison visitor

79Contact visiting programmes and residential visiting programmes

80Communication with prisoners at a hospital or medical facility

81Notification of prisoner who is seriously ill

82Information to be given by a visitor

83Terms and conditions of visits with prisoners

84Record of order made under section 43(1) or 58C(1) of the Act

Part 8—Search, seizure and testing

Division 1—Searches of prisoners

85Types of searches permitted

86Strip searches of prisoners—general requirements

87When a strip search of a prisoner may be conducted

88Random searches

Division 2—Searches of persons other than prisoners

89Searches of persons (other than prisoners) in a prison—general requirements

90Strip searches of persons (other than prisoners) in a prison—general requirements

91Searches of persons or vehicles outside but near prisons

Division 3—Concealing or leaving articles

92Concealing or leaving articles

Division 4—Seizure

93Register of things seized—general requirements

94Dealing with things seized—general requirements

95Dealing with things seized—prisoners on parole and community corrections centres

96Receipt for things seized from prisoner on parole

Division 5—Testing of substances

97Taking of samples of drugs and alcohol

98Analysis of sample

99Breath tests

Part 9—Emergency management days

100Emergency management days

Part 9A—Police gaols

100APrescribed information and documents of a visitor's identity

100BReceipt of seized articles or substances

100CRegister of seized articles and substances

100DDealing with seized articles or substances

100ECommunication with detained persons

100FExchange of articles to or from detained persons

100GOffences by detained persons

100HInvestigation by officer in charge of a police gaol

Part 10—Release from prison

101Notice of release

102Return of property to prisoner

103Return of prisoner unlawfully released

Part 11—Parole

104Procedure

105Notice to attend a meeting of the Board

106Notice to produce document or thing to the Board

107Direction that person in custody be brought before the Board

108Costs of attending meeting of the Board

109Parole eligibility date

110Form of a parole order

111Mandatory terms and conditions of a parole order—parole order made on and from 28 April 2019 to 31 October 2019

112Mandatory terms and conditions of a parole order—parole order made on and from 1 November 2019

113Other terms and conditions of a parole order—parole order made on and from 28 April 2019 to 31 October 2019

114Other terms and conditions of a parole order—parole order made on and from 1 November 2019

115Intensive parole period—parole order made on and from 28 April 2019 to 31 October 2019

116Intensive parole period—parole order made on and from 1 November 2019

117Release on parole

118Prisoner on parole attending a location

119Variation of a parole order

120Revocation of a parole order

121Cancellation of a parole order

122Revocation of a cancellation of a parole order

123Warrant under section 77B(1)(a) of the Act

124Reception into prison of prisoner on parole

125Offence to breach a term or condition of parole—prescribed terms and conditions

126Detention required for breach of term or condition of a parole order—prescribed terms and conditions

127Detention orders for breach of prescribed term or condition of a parole order

Part 12—Community-based corrections

128Definition

129Community work

130Offences by offenders participating in community corrections programmes—offenders who are not prisoners on parole

131Offences by offender who is a prisoner on parole participating in community corrections programme

132Act of misconduct

133Purchase of offender's property

Part 12A—Victims register

133AVictims register

133BThe registrar

133CFunctions and powers of the registrar

133DManner of application

133EContent of application

133FAdditional information if nominee is nominated

133GPrescribed form of undertaking

133HRemoval from register

Part 13—Other matters

134Purchase of artwork by an officer

135Notification of claim

136Notification of determination of claim

137Use or disclosure of personal or confidential information

138Exemptions for emergency

Part 14—Transitional provision

139Transitional provision—parole order

Schedule 1—Revocations

Schedule 2—Forms

═════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 004

Corrections Regulations 2019

S.R. No. 27/2019

Version incorporating amendments as at

18 November 2025

PART 1—PRELIMINARY

1Objectives

The objectives of these Regulations are—

(a)to prescribe any matters authorised by the Corrections Act 1986; and

(b)to provide for the management, good order and security of prisons and locations; and

(c)to provide for the welfare and discipline of prisoners and offenders; and

(d)to provide for the management, administration and security of police gaols; and

(e)to provide for the safe custody and welfare of detained persons; and

(f)to provide for the manner of dealing with property seized under Part 9A of the Corrections Act 1986; and

(g)to provide for the establishment and keeping of a victims register; and

(h)to prescribe various forms and procedures authorised by the Corrections Act 1986.

2Authorising provisions

These Regulations are made under sections 112 and 112A of the Corrections Act 1986.

3Commencement

These Regulations come into operation on 28 April 2019.

4Revocations

The Regulations listed in Schedule 1 are revoked.

5Definitions

In these Regulations—

controlled article or substance means the following—

(a)currency;

(b)tools;

(c)pens and highlighters;

(d)needles and syringes;

(e)computer software and hardware, including computer peripherals;

(f)optical disk storage media;

(g)medication that is not prescribed by a prescribed class of persons referred to in regulation 7;

detained person has the same meaning as in section 104A of the Act;

explosive substance has the same meaning as in section 317(1) of the Crimes Act 1958;

high security, in relation to a prisoner, means classification of the prisoner as a very high risk to themselves, prison security, the community or to any other person;

independent prison visitor has the same meaning as in section 33 of the Act;

intensive parole period means the period fixed by the Board under regulation 115;

maximum security, in relation to a prisoner, means classification of the prisoner as a high risk to themselves, prison security, the community or to any other person;

medium security, in relation to a prisoner, means classification of the prisoner as a moderate risk to themselves, prison security, the community or to any other person;

minimum security, in relation to a prisoner, means classification of the prisoner as a low risk to themselves, prison security, the community or to any other person;

officermeans an officer within the meaning of section 14 or 85 of the Act;

officer in charge has the same meaning as in section 104A of the Act;

parcel includes any contents contained in or associated with a parcel, whether or not the parcel is accompanied or associated with a letter;

prisoner trust account means the trust account established by the Commissioner to hold money on behalf of a prisoner;

prohibited poison means—

(a)a Schedule 8 poison within the meaning of the Drugs, Poisons and Controlled Substances Act 1981; or

(b)a Schedule 9 poison within the meaning of the Drugs, Poisons and Controlled Substances Act 1981;

registered person means a person included on the victims register under section 30C(1) or (2) of the Act;

registrar means a person assigned to be registrar of the victims register under regulation 133B and includes any person carrying out the functions or powers of the registrar;

strip search means a search of a person that requires—

(a)the person to remove any or all of the person's clothing; and

(b)an examination of—

(i)the person's body that does not involve the touching of the person's body; and

(ii)the person's clothing;

the Actmeans the Corrections Act 1986;

unauthorised article or substance means the following—

(a)a weapon;

(b)a drug of dependence;

(c)an explosive substance;

(d)flammable liquids;

(e)alcohol;

(f)tobacco products;

(g)tobacco smoking accessories;

(h)tattooing equipment;

(i)aerosol pressure spray cans;

(j)equipment that may aid a prisoner to escape a prison;

(k)any publication, film or computer game within the meaning of the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth (other than a publication, film or computer game that is classified as unrestricted or general under that Act);

(l)cameras or other photographic devices;

(m)mobile telephones;

(n)portable digital media players;

(o)USB storage devices;

(p)any other article or substance which may threaten—

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

(ii)the safety or welfare of any person.

PART 2—OFFICERS

6Conduct of officers

(1)An officer must notify the Governor or the Regional Manager as soon as practicable after the officer becomes aware of—

(a)any criminal charges laid by a police officer against the officer; or

(b)any finding of a court in relation to those charges; or

(c)any penalty or term of imprisonment imposed on that officer in relation to those charges.

(2)If an officer notifies the Governor or the Regional Manager under subregulation (1), the Governor or the Regional Manager (as the case may be) must within 24 hours of the officer making the notification—

(a)inform the Secretary of the disclosure; and

(b)having regard to the seriousness of the criminal charges, advise the Secretary of the possible impact on the management or security of the prison or location.

(3)Any uniform or equipment provided to an officer by the Secretary remains the property of the Crown.

(4)The Secretary may publish a code of conduct for officers.

(5)An officer must comply with a code of conduct published by the Secretary under subregulation (4).

7Prescribed class of persons

For the purposes of paragraph (f) of the definition of officer in section 14 of the Act and paragraph (e) of the definition of officer in section 85 of the Act, the following classes of persons are prescribed—

(a)psychiatrists;

(b)registered medical practitioners;

(c)dentists;

(d)nurses;

(e)health workers.

8Powers and functions of Governor and Regional Manager

(1)The powers and functions of a Governor under these Regulations only apply in respect of the prison, prisoners and officers under that Governor's management and direction.

(2)The powers and functions of the Regional Manager only apply in respect of the locations, offenders and officers under that Regional Manager's management and direction.

PART 3—MANAGEMENT AND SECURITY

Division 1—Management and security of prisons

9Non-lethal firearms

For the purposes of section 55EC of the Act, a prescribed non-lethal firearm is—

(a)a tear gas gun or projector; or

(b)a shotgun which fires rounds commonly known as beanbag rounds.

10Unauthorised removal of firearms and ammunition

An escort officer acting in the course of the escort officer's duties must not remove a firearm or ammunition from a prison unless authorised by the Governor to do so.

Penalty:10 penalty units.

11Approved dogs

For the purposes of section 27(3) of the Act, a dog is an approved dog if the dog has completed a training program approved by the Secretary in the previous 12 months.

12Use of dogs

A prison officer must not use a dog in a prison in performing one or more of the functions listed in section 27(1) of the Act unless it is an approved dog used in accordance with section 27 of the Act.

13Instruments of restraint

(1)Subject to this Division, a prison officer may restrain a prisoner in a prison by using any of the following instruments of restraint—

(a)handcuffs;

(b)arm restraints;

(c)leg restraints;

(d)belts which restrain parts of the body;

(e)spitter protective hoods;

(f)one or more chains connected to—

(i)any of the instruments of restraint in paragraphs (a) to (d); or

(ii)any of the instruments of restraint in paragraphs (a) to (d) and a fixture.

Example

An example of a chain connected in accordance with subparagraph (ii) is a chain that is connected to a handcuff at one end and an ankle bracelet at the other end that secures to the prisoner and to a secure fixture when the prisoner is on a hospital bed or in a wheelchair.

(2)Any of the instruments of restraint referred to in subregulation (1)(a), (b), (c), (d) and (f) may be secured with one or more locks.

14Use of instrument of restraint in prisons

(1)Subject to subregulation (7), the Governor may direct a prison officer to apply an instrument of restraint to a prisoner in a prison if the Governor believes on reasonable grounds that the use of the instrument of restraint is necessary—

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

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

(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)A prisoner must not be kept under restraint longer than is necessary for the safety of the prisoner or any other person or the security or good order of the prison.

(3)Subject to subregulation (7), a prison officer may apply an instrument of restraint to a prisoner if—

(a)the immediate safety of the prisoner or any other person within the prison is threatened and the prison officer believes on reasonable grounds that the application of the instrument of restraint to the prisoner is necessary to protect the safety of the prisoner or the other person (as the case may be); or

(b)the security or good order of the prison is threatened and the prison officer believes on reasonable grounds that the application of the instrument of restraint to the prisoner is necessary to protect the security or good order of the prison.

(4)Without limiting subregulations (1), (1A) and (3), an instrument of restraint may be applied to a prisoner while moving the prisoner from one area of the prison to another.

(5)An instrument of restraint must be used in the manner approved by the Commissioner.

(6)The Secretary may order the removal of an instrument of restraint at any time.

(7)Before applying an instrument of restraint to a prisoner who is under the age of 18, the prison officer must consider the prisoner's age, the best interests of the prisoner and the vulnerability of the prisoner (if reasonably practicable).

15Use of instrument of restraint for lengthy period

The Governor must notify the Secretary immediately if—

(a)an instrument of restraint referred to in regulation 13(1)(a), (b), (c), (d) or (f) is applied to a prisoner—

(i)for a continuous period of more than 18 hours; or

(ii)for a cumulative period of 36 hours in any 96-hour period; or

(b)an instrument of restraint referred to in regulation 13(1)(e) is applied to a prisoner for a continuous period of more than 15 minutes.

16Notification to Governor about use of instrument of restraint

If a prison officer applies an instrument of restraint to a prisoner in accordance with regulation 14(3), the prison officer must, as soon as practicable after the instrument of restraint is applied, notify the Governor about the use of the instrument of restraint.

17Suspected dangerous parcels may be disposed of

If the Governor reasonably suspects that a parcel to, or from, a prisoner contains an unauthorised article or substance that could pose an immediate danger to any person, the Governor may dispose of the parcel in any manner the Governor considers to be appropriate.

18Certain confidential parcels may be inspected

(1)This regulation applies if the Governor reasonably suspects that a parcel to, or from, a prisoner contains any unauthorised article or substance, but regulation 17 does not apply.

(2)If the parcel is to, or from, one of the following correspondents—

(a)a lawyer;

(b)the Health Complaints Commissioner;

(c)the Human Rights Commissioner;

(d)the Victorian Legal Services Commissioner appointed under section 51 of the Legal Profession Uniform Law Application Act 2014;

(e)the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982;

(f)the Mental Health Complaints Commissioner appointed under section 226 of the Mental Health Act 2014;

(g)the Victorian Equal Opportunity and Human Rights Commissioner appointed under section 170 of the Equal Opportunity Act 2010;

(h)any person or body listed in regulation 20 or any person authorised to act on their behalf—

the Governor may hold the parcel and notify the prisoner and the correspondent of the Governor's suspicions.

(3)The Governor may open and inspect a parcel referred to in subregulation (2)—

(a)in the presence of the prisoner and a representative of the correspondent; or

(b)in accordance with any alternative arrangement agreed with the correspondent.

(4)If the Governor has not received a response from the correspondent within 7 days after notice is given under subregulation (2), the Governor may require the prisoner to open the parcel to enable the Governor to inspect it.

(5)If the parcel is to, or from, the Minister, a member of the Parliament, the Secretary, or the Commissioner of an independent prison visitor, the Governor may require the prisoner to open the parcel to enable the Governor to inspect it.

(6)If the prisoner refuses a request to open a parcel under subregulation (4) or (5), the Governor may open the parcel.

19When other parcels may be stopped and inspected

(1)This regulation applies to a parcel sent by a prisoner to, or sent to a prisoner by, any person or body other than—

(a)an Ombudsman officer within the meaning of the Ombudsman Act 1973; or

(b)the IBAC or an IBAC Officer within the meaning of the Independent Broad-basedAnti-corruption Commission Act 2011; or

(c)the Victorian Inspectorate or a Victorian Inspectorate Officer within the meaning of the Victorian Inspectorate Act 2011; or

(d)the Commission for Children and Young People as established by the Commission for Children and Young People Act 2012; or

(e)a person or body referred to in regulation 18(2), 18(5) or 20.

(2)A prison officer may open and inspect the parcel to determine whether or not the contents of the parcel may jeopardise the safety and security of the prison, the safe custody and welfare of any prisoner or the safety of the community.

(3)The Governor may inspect and stop the parcel if the Governor believes on reasonable grounds that the parcel—

(a)is a threat to prison security; or

(b)may be of a threatening or harassing nature; or

(c)may be used to further an unlawful activity or purpose.

20Prisoners' letters—prescribed persons and bodies

For the purposes of section 47(1)(m)(xv) of the Act, the following persons and bodies are prescribed—

(a)a Public Interest Monitor appointed under the Public Interest Monitor Act 2011;

(b)the Victorian Electoral Commission established under the Electoral Act 2002;

(c)a law enforcement agency, including—

(i)Victoria Police or the police force or police service of another State or a Territory; or

(ii)the Australian Federal Police; or

(iii)the Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth; or

(iv)any other authority or person responsible for the enforcement of the laws of—

(A)Victoria or another State; or

(B)the Commonwealth; or

(C)the Australian Capital Territory; or

(D)the Northern Territory of Australia;

(d)the Independent Commissioner Against Corruption established under the Independent Commissioner Against Corruption Act 2012 of South Australia;

(e)the Independent Commission Against Corruption constituted by the Independent Commission Against Corruption Act 1988 of New South Wales;

(f)the Corruption and Crime Commission established under the Corruption, Crime and Misconduct Act 2003 of Western Australia;

(g)the Crime and Corruption Commission established under the Crime and Corruption Act 2001 of Queensland;

(h)the Integrity Commission established under the Integrity Commission Act 2009 of Tasmania;

(i)the Commission for Children and Young people as established by the Commission for Children and Young People Act 2012;

(j)a Royal Commission established by—

(i)Victoria or another State; or

(ii)the Commonwealth; or

(iii)the Australian Capital Territory; or

(iv)the Northern Territory of Australia;

(k)a person authorised to act on behalf of a person or body referred to in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i) or (j);

21Register of parcels

(1)Each Governor must establish and maintain a register containing—

(a)details of every parcel disposed of or inspected under regulation 17, 18 or 19; and

(b)the reason for the disposal or inspection; and

(c)details of any unauthorised article or substance found in the parcel; and

(d)details of any subsequent action taken.

(2)If a parcel sent by a prisoner is disposed of or inspected, the Governor must notify the prisoner of who sent the parcel and give the prisoner the reason for the disposal or inspection.

Note

See also section 47E of the Act.

22Restrictions of communications during emergency

Despite anything to the contrary in these Regulations, a Governor may, during an emergency within the prison that results

in a substantial disruption or disturbance—

(a)restrict or prohibit telephone communication between a prisoner and any other person; or

(b)restrict or prohibit any written communication between a prisoner and any other person, other than an Ombudsman officer within the meaning of the Ombudsman Act 1973, the Minister, the Secretary, the Commissioner, the Governor or an independent prison visitor.

23Absence to attend court or a hearing

(1)If a court or coroner so orders, a prisoner may be removed from a prison and brought before the court or coroner to answer a charge or give evidence or for any other purpose, in a civil or criminal proceeding.

(2)An order for the removal of a prisoner under subregulation (1) must be in the form of Form 1 of Schedule 2.

(3)A notice in the form of Form 2 of Schedule 2 must be completed by the person in charge of the prison from which the prisoner is to be removed.

(4)Subject to section 55I(3) of the Act, while a prisoner who is ordered to be brought before a court or coroner is absent from a prison, the prisoner is in the legal custody of the person or persons having custody of the prisoner under the order made under subregulation (1).

(5)The person who has custody of a prisoner under subregulation (4) must return the prisoner to the prison from which the prisoner was removed unless the prisoner is discharged by process of law in respect of all matters requiring the prisoner's detention or is released on bail.

(6)This regulation does not apply if a prisoner who is required to appear before a court is directed by the court to make the prisoner's appearance by audio visual link or audio link from a prison under Part IIA of the Evidence (Miscellaneous Provisions) Act 1958.

24Wearing of non-prison clothing

A Governor must ensure that a prisoner who is brought before a court or tribunal—

(a)is permitted to wear suitable clothing owned by the prisoner during the appearance; or

(b)is provided with civilian clothes to wear during the appearance if the prisoner does not have suitable clothing.

Division 2—Classification of prisoners

25Classification system

For the purposes of section 47(1)(l) of the Act, a classification system under this Division is prescribed.

26Classification of prisoners

(1)A prisoner's classification must include decisions about the prisoner's security rating, placement and sentence plan.

(2)A prisoner's classification may include—

(a)the reasons for decisions referred to in subregulation (1); and

(b)directions as to future placement reviews; and

(c)conditions applicable to the decisions made under subregulation (1); and

(d)one of the following security ratings—

(i)high security;

(ii)maximum security;

(iii)medium security;

(iv)minimum security.

27Sentence management panels

(1)There are to be one or more sentence management panels.

(2)The functions of a sentence management panel are—

(a)to determine the classification of prisoners; and

(b)to develop a sentence plan for each prisoner; and

(c)to determine or vary the placement of each prisoner.

(3)A sentence management panel consists of members appointed by the Secretary.

(4)A member of a sentence management panel holds office on the terms and conditions determined by the Secretary.

(5)In carrying out its functions, a sentence management panel must—

(a)meet with such frequency as is necessary; and

(b)establish its own procedures for the operation of the sentence management panel; and

(c)establish and maintain the records.

(6)The Secretary may at any time—

(a)carry out any of the functions of a sentence management panel; or

(b)vary a decision made by a sentence management panel in relation to a prisoner's classification; or

(c)vary any of the procedures for the operation of a sentence management panel.

28Case management review committees

(1)In each prison there is to be one or more case management review committees.

(2)The functions of a case management review committee are—

(a)to oversee the case management of prisoners; and

(b)to review the classification of prisoners, subject to any rules made by the Secretary under regulation 29; and

(c)to consider access to programmes by prisoners; and

(d)to monitor the welfare of prisoners; and

(e)subject to any rules made by the Secretary under regulation 29, to vary the classification of a prisoner; and

(f)to make recommendations to a sentence management panel in relation to the classification of a prisoner.

(3)In carrying out its functions, a case management review committee must—

(a)meet with such frequency as is necessary; and

(b)establish its own procedures for the operation of the case management review committee; and

(c)establish and maintain the records.

(4)A case management review committee consists of members appointed by the Secretary.

(5)A member of a case management review committee holds office on the terms and conditions determined by the Secretary.

(6)The Secretary may vary any of the procedures for the operation of a case management review committee.

(7)The Secretary or a sentence management panel may, at any time, vary a decision made by a case management review committee in relation to a prisoner's classification.

29Secretary may make rules

The Secretary may make rules in relation to—

(a)the variation of a prisoner's classification; and

(b)the power of a case management review committee to vary a prisoner's classification; and

(c)the composition of a case management review committee; and

(d)the composition of a sentence management panel; and

(e)the conduct of proceedings of a case management review committee.

30Determination of classification

(1)In determining the classification of a prisoner, a sentence management panel or the Secretary—

(a)must consider the risk the prisoner poses to themselves, the security of the prison, the community or to any other person; and

(b)may consider any one or more of the following matters—

(i)the nature of the offence in respect of which the prisoner has been charged or convicted;

(ii)the risk of the prisoner escaping, or attempting to escape, from custody;

(iii)the risk of the prisoner committing a further offence and the impact the commission of the further offence is likely to have on the community;

(iv)the risk the prisoner poses to the management, good order or security of the prison;

(v)the risk the prisoner poses to the prisoner's welfare and the welfare of any other person;

(vi)the length of the prisoner's sentence or, if the prisoner is awaiting trial, the maximum sentence applicable to the offences in respect of which the prisoner has been charged;

(vii)if the prisoner is under the age of 18, the prisoner's age, the best interests of the prisoner and the vulnerability of the prisoner (if reasonably practicable), having regard to—

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

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

(C)the safety or welfare of any person;

(viii)any other matter that is relevant to the management, good order or security of the prison and the safe custody and welfare of the prisoner.

(2)In varying the classification of a prisoner, a sentence management panel, a case management review committee or the Secretary—

(a)must consider the risk the prisoner poses to themselves, the security of the prison, the community or to any other person; and

(b)may have regard to any one or more of the matters referred to in subregulation (1)(b)(i) to (vii).

31Determination of placement

In determining the placement of a prisoner, varying the placement of a prisoner or developing a sentence plan for a prisoner, a sentence management panel or the Secretary may consider any one or more of the following matters—

(a)the prisoner's classification (including any security rating);

(b)the length of the prisoner's sentence;

(c)the risk of the prisoner escaping, or attempting to escape, from custody;

(d)the programmes and other processes the prisoner requires to lower the risk of the prisoner committing a further offence;

(e)any risk the prisoner poses to the prisoner's welfare or the welfare of any other person;

(f)the prisoner's use of a drug of dependence or alcohol and any treatment undertaken by the prisoner for the abuse of or dependency on a drug of dependence or alcohol;

(g)any prison or other relevant institution history;

(h)if the prisoner is under the age of 18, the prisoner's age, the best interests of the prisoner and the vulnerability of the prisoner (if reasonably practicable), having regard to—

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

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

(iii)the safety or welfare of any person;

(i)whether the prisoner has any medical or psychiatric conditions;

(j)whether the prisoner has any physical limitations or a disability;

(k)the prisoner's cultural background;

(l)any relevant issues in relation to the prisoner's family;

(m)any sentencing remarks in relation to the prisoner (if applicable);

(n)any transitional requirements for the prisoner to re-enter the community (if applicable);

(o)any other matter that is relevant to the management, good order or security of the prison and the safe custody and welfare of the prisoner.

Division 3—Other matters

32Order to separate a prisoner from other prisoners

(1)The Secretary may, in writing, order the separation of a prisoner from some or all other prisoners if the Secretary believes on reasonable grounds that the separation is necessary—

(a)for the safety and protection of the prisoner; or

(b)for the safety or welfare of any person; or

(c)for the management, good order or security of the prison.

(2)The amount of time a prisoner may be separated from other prisoners must not be longer than is necessary to achieve the purposes set out in subregulation (1)(a) or (b).

(3)Despite subregulation (1), if the Secretary believes on reasonable grounds that a prisoner is urgently required to be separated from other prisoners, the Secretary may make an order orally to separate the prisoner.

(4)If the Secretary makes an order under subregulation (3), the Secretary must confirm the order in writing—

(a)within 12 hours of the order being made; or

(b)if it is not reasonably practicable to confirm the order within 12 hours of the order being made, within no more than 24 hours of the order being made.

(5)Before making an order under subregulation (1) or (3) in relation to a prisoner, the Secretary must consider the following—

(a)any medical and psychiatric conditions of the prisoner;

(b)if the prisoner is under the age of 18, the prisoner's age, the best interests of the prisoner and the vulnerability of the prisoner (if reasonably practicable).

(6)If the Secretary makes an order under this regulation, the Secretary must ensure that the prisoner to be separated is—

(a)advised of the reasons for the separation; and

(b)given a copy of the order.

(7)The Secretary may revoke an order under this regulation at any time.

(8)A sentence management panel may extend an order made under this regulation for 30 days.

(9)Before extending an order under subregulation (8), a sentence management panel must consider the following—

(a)any medical and psychiatric conditions of the prisoner;

(b)if the prisoner is under the age of 18, the prisoner's age, the best interests of the prisoner and the vulnerability of the prisoner (if reasonably practicable).

(10)Unless an order is extended under subregulation (8), an order under this regulation ceases to apply on whichever is the earliest of—

(a)the day determined by a sentence management panel as the day on which the order expires; or

(b)the day on which the prisoner's classification is determined by a sentence management panel; or

(c)the day on which the order is revoked by the Secretary.

33Prisoner privileges

(1)The Commissioner must submit to the Secretary annually, for the Secretary's approval, a list of prisoner privileges for a prison.

(2)The Commissioner may submit to the Secretary from time to time, for the Secretary's approval a list of prisoner privileges in respect of a class of prisoners in any prison.

(3)The Commissioner may submit to the Secretary from time to time, for the Secretary's approval a list of prisoner privileges in respect of an individual prisoner in any prison.

(4)Before submitting a list of prisoner privileges under subregulation (1), (2) or (3), the Commissioner must consider the following—

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

(b)if the list of prisoner privileges relate to a prisoner who is under the age of 18, the prisoner's age, the best interests of the prisoner and the vulnerability of the prisoner (if reasonably practicable).

(5)The Secretary may, in relation to the list of prisoner privileges submitted under subregulation (1), (2) or (3)—

(a)approve the list; or

(b)refuse to approve the list; or

(c)approve the list with changes.

(6)The Secretary may, at any time, vary or revoke any of the prisoner privileges submitted under subregulation (1), (2) or (3) (as the case applies).

(7)Before the Secretary makes a decision under subregulation (5) or (6), the Secretary must consider the following—

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

(b)if the list of prisoner privileges relate to a prisoner who is under the age of 18, the prisoner's age, the best interests of the prisoner and the vulnerability of the prisoner (if reasonably practicable).

(8)The Secretary may publish the list of prisoner privileges approved under this regulation.

34Placement of prisoner's child

(1)For the purposes of section 31(1) of the Act, a prisoner must make a request to the Secretary in writing.

(2)If a prisoner who is the child's parent makes a request to the Secretary under section 31(1) of the Act, the Secretary may permit the prisoner's child to live with the prisoner in the prison while the Secretary is determining the prisoner's request.

(3)The Secretary may revoke the Secretary's permission under subregulation (2) at any time.

35Decision of Secretary in relation to placement of prisoner's child

For the purposes of section 31 of the Act, the Secretary must—

(a)ensure that a written report of the Secretary's decision is made; and

(b)ensure that a copy of the report is sent to the relevant Governor; and

(c)advise the prisoner, in writing, whether the prisoner's request has been permitted by the Secretary.

36Review of placement of prisoner's child

(1)The Secretary must review at least annually the placement of a prisoner's child living in a prison under section 31 of the Act to assess whether—

(a)it is in the best interests of the child to live with the prisoner in the prison; and

(b)the child's safety is threatened; and

(c)the child's behaviour is threatening the security or good order of the prison.

(2)Following the Secretary's review under subregulation (1), the Secretary may give the Governor any directions in relation to the prisoner's child.

37Record of prisoner's child living in prison

A Governor must—

(a)keep a record of a prisoner's child living in the prison; and

(b)provide a copy of all records referred to in paragraph (a) to the Secretary; and

(c)report to the Secretary in relation to any accident or injury involving a prisoner's child living in the prison.

38Restrictions on children

A Governor may restrict the movement of a prisoner's child living in the prison if the Governor considers the restriction necessary—

(a)to maintain the good order and security of the prison; and

(b)to ensure the safety of the prisoner's child.

39Conditions of custodial community permit

For the purposes of section 57D(3)(b) of the Act, a custodial community permit is subject to the following conditions in addition to any conditions set out in the permit—

(a)the prisoner is to be of good behaviour;

(b)the prisoner must not consume alcohol;

(c)the prisoner must not use a drug of dependence that is not prescribed for the prisoner by a registered medical practitioner;

(d)the prisoner must comply with all lawful orders given by an escorting or supervising officer;

(e)the prisoner may be returned to the prison if the escorting or supervising officer believes on reasonable grounds that there has been a breach of the permit or failure to comply with an order or direction given by the officer;

(f)a copy of the permit must be retained by the prisoner when the prisoner is absent from the prison for the time period stated in the permit;

(g)the prisoner must comply with the permit for the time period stated in the permit.

40Offence to smoke at a prison

A person must not smoke or use a tobacco product at a prison or in any part of a prison.

Penalty:10 penalty units.

41Prescribed persons allowed to operate remotely piloted aircraft or helicopter

For the purposes of section 32A(1) of the Act, a person employed by the Department and acting in the course of their employment is a prescribed person.

PART 4—PRISONER'S MONEY

42Definitions

In this Part—

family member means a family member within the meaning of section 47AA of the Act;

net earnings means wages paid to a prisoner for paid employment undertaken outside a prison after any deductions required under a law of the Commonwealth;

Note

Deductions required under a law of the Commonwealth include deductions for child support or social security overpayments or Commonwealth income tax.

private funds means any money credited to a prisoner's prisoner trust account that is not money payable to the prisoner referred to in regulation 45(3);

Valid Visitors List means the list administered by the Department of persons who may visit or contact prisoners.

43Remuneration

(1)A prisoner must be paid remuneration for up to 30 hours per week for—

(a)work done by the prisoner in a prison industry; and

(b)attendance at an educational, treatment or rehabilitation programme.

(2)Despite subregulation (1), a prisoner may be paid remuneration for more than 30 hours per week for work done by the prisoner in an essential work programme.

(3)A prisoner must be paid remuneration at a minimum rate if the prisoner is—

(a)on remand; or

(b)in police custody; or

(c)unable to work due to illness, disability or age.

(4)If a prisoner refuses to work in a prison industry or is dismissed from work in a prison industry, the prisoner—

(a)is not entitled to be paid remuneration under this regulation; and

(b)must be supplied with essential toiletries by the prison.

Note

Essential toiletries include soap, toothpaste and, for women, sanitary products.

(5)

The Secretary must determine the rates of remuneration to be paid to prisoners under subregulations (1), (2) and (3) having regard

to—

(a)the cost of personal items referred to in regulation 48(1)(a); and

(b)the cost of making telephone calls; and

(c)the rates of remuneration paid to prisoners in another jurisdiction in Australia.

(6)The Secretary must annually review the rates of remuneration determined under subregulation (5).

44Dismissal from work in a prison industry

A Governor may dismiss a prisoner from work in a prison industry if—

(a)the prisoner's performance at work is unsatisfactory; or

(b)the prisoner is charged with a prison offence that prevents or impacts on the prisoner participating in work.

45Prisoner trust account

(1)A Governor must ensure that any money belonging to or received on behalf of a prisoner is—

(a)paid into the prisoner's prisoner trust account; and

(b)held in that account on behalf of the prisoner.

(2)A prisoner is not entitled to receive any interest earned on money held in the prisoner's prisoner trust account.

(3)In this regulation, money received on behalf of a prisoner includes any money payable to the prisoner—

(a)as remuneration for work done by the prisoner in a prison industry; and

(b)as a gratuity where no work is available; and

(c)as remuneration for attendance at an educational, treatment or rehabilitation programme.

46Secretary may approve expenditure of interest on money in prisoner trust account for victims' assistance

(1)The Secretary may approve the expenditure of interest earned on money held in a prisoner's prisoner trust account for the purposes of assisting any victim of crime or their family members.

(2)The Secretary must publish guidelines in relation to the approval of expenditure under subregulation (1) in the Government Gazette.

47Regulation of prisoner's money

(1)A Governor must ensure that a record is kept of all money—

(a)held in a prisoner trust account on behalf of each prisoner, including details of all transactions involving that money; and

(b)credited to each prisoner—

(i)as remuneration for work done by the prisoner in a prison industry; or

(ii)as remuneration for attendance at an educational, treatment or rehabilitation programme; or

(iii)as a gratuity.

(2)Once a month a prisoner may make a request to the Governor to see a statement that includes—

(a)details of all transactions involving money held in the prisoner's prisoner trust account; and

(b)details of amounts credited to the prisoner—

(i)as remuneration for work done by the prisoner in a prison industry; or

(ii)as remuneration for attendance at an educational, treatment or rehabilitation programme; or

(iii)as a gratuity.

(3)The Governor, on receiving a prisoner's request under subregulation (2), must provide access to the statement as soon as possible.

(4)The Commissioner may determine the maximum amount of private funds that may be—

(a)credited to or debited from a prisoner's prisoner trust account each calendar month; and

(b)held on behalf of a prisoner in the prisoner's prisoner trust account.

(5)In exceptional circumstances, the Governor may approve the receipt of private funds into a prisoner's prisoner trust account that exceeds the maximum amount determined by the Commissioner under subregulation (4) if the private funds are to be spent in accordance with regulation 48(1).

(6)

There is no maximum limit on how much money may be held on behalf of a prisoner

in the prisoner's prisoner trust account.

48Expenditure of prisoner's money

(1)A prisoner may spend money held in the prisoner's prisoner trust account to—

(a)buy personal items including toiletries, food, confectionery and stationery; and

(b)make telephone calls; and

(c)make payments to a family member of the prisoner or a government agency; and

(d)buy or pay for other items approved by the Governor.

(2)A prisoner may request that the Governor debit or transfer a specified amount of money from the prisoner's prisoner trust account for a specified purpose.

(3)Subject to subregulation (4), the Governor, on receiving a prisoner's request under subregulation (2), may authorise the debit or transfer.

(4)The Governor must not authorise the transfer of money from a prisoner's prisoner trust account into the prisoner trust account of another prisoner.

(5)If a prisoner intentionally or negligently damages or loses property of the prison, the Governor of that prison may deduct from the prisoner's prisoner trust account an amount that is not more than the cost of replacing or repairing that property.

(6)The Governor must report to the Secretary—

(a)any deduction made under subregulation (5); and

(b)the circumstances of the deduction; and

(c)how the amount of the deduction was calculated.

49Prisoner savings

(1)A Governor must retain the following amounts in a prisoner's prisoner trust account until the prisoner is released from prison—

(a)20% of the remuneration paid to the prisoner for work done by the prisoner in a prison industry;

(b)20% of remuneration paid to the prisoner for attendance at an educational, treatment or rehabilitation programme;

(c)an amount determined by the Secretary under regulation 50(2).

(2)A prisoner may apply to the Governor to request that some or all of the amounts retained in the prisoner's prisoner trust account under subregulation (1) is—

(a)paid at any time prior to the prisoner's release from prison—

(i)to a family member of the prisoner; or

(ii)to a person appointed under a power of attorney on behalf of the prisoner; or

(b)spent for the purposes of assisting the prisoner's transition into the community.

(3)The Governor may authorise the expenditure of money under subregulation (2) after considering—

(a)the prisoner's welfare; and

(b)the prisoner's sentence; and

(c)the amount of money the prisoner may require following the prisoner's release from prison.

(4)Before the prisoner is released from prison, the Governor may deduct from the money retained in the prisoner's prisoner trust account under subregulation (1)—

(a)any fine imposed under section 53(4)(b) of the Act; or

(b)any money deducted in accordance with regulation 48(5).

50Agreement between prisoner and Secretary in relation to art and other things made or produced by the prisoner

(1)The Secretary may enter into an agreement in writing with a prisoner that enables the prisoner to sell art and other things that have been made or produced by the prisoner at a prison in exchange for payment.

(2)The Secretary may determine an amount to be retained on behalf of the prisoner in the prisoner's prisoner trust account from any payment received by the prisoner under the agreement.

51Agreement to undertake paid employment outside prison

(1)Subject to regulation 53, the Secretary may enter into an agreement in writing with a prisoner that enables the prisoner to undertake paid employment outside a prison if—

(a)the prisoner has not been charged with or convicted of a serious sex offence referred to in Schedule 1 to the Serious Offenders Act 2018; and

(b)the prisoner has not been charged with or convicted of a serious violent offence within the meaning of the Act; and

(c)the prisoner—

(i)has been sentenced to a minimum of 3 years imprisonment; and

(ii)has between 3 and 12 months left on the prisoner's sentence to serve, before the prisoner's parole eligibility date or the end of the prisoner's sentence; and

(iii)is suitable for placement in a minimum security prison or a transition centre; and

(iv)has no pending court matters; and

(v)has no outstanding prison offences; and

(d)the prisoner is entitled to work in Australia; and

(e)the Secretary is reasonably satisfied that—

(i)the prisoner is not an active drug user; and

(ii)the prisoner poses no risk of self-harm or suicide; and

(iii)the prisoner understands and is committed to the agreement; and

(iv)the prisoner's needs upon release from the prison can be appropriately addressed while the prisoner participates in the agreement; and

(v)the prisoner is capable of satisfying the terms and conditions of the agreement; and

(vi)the prisoner does not pose a risk to the community as a result of the prisoner's participation in the agreement.

(2)An agreement under this regulation takes effect when—

(a)

the prisoner agrees to the terms and conditions of the agreement referred

to in regulation 52; and

(b)the agreement is signed by the Secretary and the prisoner.

(3)An agreement may be revoked by the Secretary at any time.

(4)The Secretary may revoke the agreement if the Department is informed that the prisoner's work performance is unsatisfactory, or the prisoner's behaviour places the safety of any person at risk.

(5)The Department may contact the prisoner's employer to ensure that— 

(a)the prisoner is attending the paid employment in accordance with the terms and conditions of the agreement; and

(b)the prisoner and members of the public are not at risk as a result of the prisoner undertaking paid employment outside a prison.

(6)The Department may review the agreement after the prisoner has commenced paid employment outside the prison to determine whether the prisoner remains suitable to undertake the paid employment.

52Terms and conditions of agreement to undertake paid employment outside a prison

(1)An agreement under regulation 51 is subject to the following terms and conditions—

(a)the prisoner must not consume alcohol before, while, or after attending the prisoner's place of employment outside the prison;

(b)the prisoner must not use a drug of dependence before, while, or after attending the prisoner's place of employment outside the prison unless the drug of dependence has been prescribed by a registered medical practitioner;

(c)at any time during which the prisoner is outside the prison attending the prisoner's place of employment, the prisoner must not have contact with visitors, including family members, friends or criminal associates, regardless of whether those visitors are on the prisoner's Valid Visitors List;

(d)the prisoner must go directly to the prisoner's place of employment at the start of each work shift and return directly to the prison at the end of the work shift, unless otherwise approved by the Governor;

(e)if the prisoner is unable to go directly to the prisoner's place of employment or return directly to prison, the prisoner must contact the prisoner's employer or the prison as soon as possible;

(f)the prisoner must not bring any unauthorised article or substance from the community into the prison;

(g)if the prisoner is unable to work or continue to work for any reason while outside the prison, the prisoner must—

(i)return directly to the prison; or

(ii)if the prisoner is unable to return directly to the prison, contact the prison as soon as possible and advise the prison that the prisoner is unable to work but cannot return directly to the prison;

(h)if the prisoner requires medical attention while outside the prison, the prisoner must—

(i)contact the prison as soon as possible and inform the prison that the prisoner is receiving medical treatment; or

(ii)if the prisoner is unable to contact the prison, request that another person inform the prison as soon as possible, on the prisoner's behalf, that the prisoner is receiving medical treatment.

(2)An agreement must include the following information—

(a)information in relation to when the agreement takes effect;

(b)information in relation to revocation of the agreement;

(c)information in relation to a prisoner's failure to comply with the terms and conditions of the agreement;

(d)a copy of regulation 54;

(e)a copy of regulation 55.

53Restriction on paid employment outside a prison

The Secretary must not enter into an agreement with a prisoner under regulation 51 if the paid employment—

(a)may exacerbate any risk factors relevant to the prisoner's risk of reoffending; or

(b)is child-related work within the meaning of the Working with Children Act 2005; or

(c)would result in the prisoner operating as a sole trader; or

(d)is considered inappropriate following a security and intelligence assessment of the proposed employer by the Department.

54Earnings from paid employment outside a prison to be paid into prisoner trust account

(1)Subject to regulation 55, the net earnings of a prisoner must be paid into the prisoner's prisoner trust account.

(2)A prisoner may spend any money paid into the prisoner's prisoner trust account under subregulation (1) in accordance with regulation 48(1).

(3)Any money paid into a prisoner's prisoner trust account under subregulation (1) must be returned to the prisoner on the prisoner's release from prison.

55Secretary must allocate earnings from paid employment outside a prison to assist victims of crime or family members

The Secretary must allocate 20% of the net earnings of a prisoner for the purposes of assisting any victim of crime or their family members.

PART 5—PRISONER'S PROPERTY

56Bringing property into a prison

(1)A person who brings into a prison any property belonging to a prisoner or as a gift to a prisoner must surrender that property to a prison officer for inspection.

(2)If the prison officer believes on reasonable grounds that the prisoner's possession of the property is prohibited under section 31A(1) of the Act or is contrary to the management, good order and security of the prison, the prison officer to whom the property is surrendered may seize the property and deal with the property in accordance with regulation 94.

(3)Subject to subregulation (2), the Governor must ensure that the prisoner receives the property as soon as possible.

57Entry of property

(1)For the purposes of the management, good order and security of a prison, the entry of an unauthorised article or substance into a prison is prohibited.

(2)Despite subregulation (1), the Governor may approve the entry of an unauthorised article or substance if the Governor believes on reasonable grounds that the unauthorised article or substance will not threaten the management, good order and security of the prison.

(3)For the purposes of the management, good order and security of a prison, the Governor may refuse the entry of a controlled article or substance into a prison.

58Storage of prisoner's property

(1)A Governor must ensure that a prisoner's property is stored in a secure location that is not accessible to any prisoner.

(2)The Governor must maintain an inventory of each item of a prisoner's property.

(3)Despite subregulation (1), a prisoner may keep in the prisoner's cell an item of the prisoner's property if the prisoner is authorised by the Secretary or the Governor to keep that item.

(4)The Secretary may set a maximum value of property that may be stored on behalf of a prisoner under subregulation (1).

(5)The Governor may refuse to store a prisoner's property if the value of the prisoner's property exceeds the maximum value set by the Secretary under subregulation (4).

(6)In addition to subregulation (5), the Governor may, at any time, refuse to store a prisoner's property.

59Dealing with prisoner's property

(1)The Governor may issue to a prisoner, or to a person nominated in writing by the prisoner to receive property on the prisoner's behalf, all or part of the prisoner's property.

(2)The Governor must not provide a prisoner's property to a person nominated in writing under subregulation (1) unless that person signs a receipt acknowledging delivery of the property.

(3)If an unauthorised article or substance is found in a prison and the unauthorised article or substance belongs to a prisoner, the Governor must ensure that the unauthorised article or substance is seized and dealt with in accordance with regulation 94.

60Transfer of prisoner's property

(1)The Secretary may determine the amount of a prisoner's property that may be transferred with the prisoner from one prison to another.

(2)The Governor may refuse to transfer a prisoner's property if the amount of the prisoner's property exceeds the amount determined by the Secretary under subregulation (1).

61Disposal of prisoner's property

(1)If a Governor refuses to store an item of a prisoner's property under regulation 58(5) or (6), or refuses to transfer a prisoner's property under regulation 60(2), the Governor must ensure that the prisoner is notified in writing that—

(a)the prisoner's property cannot be stored or transferred; and

(b)the prisoner must make arrangements to remove the property from the prison within a specified time.

(2)Subject to subregulation (4), if a prisoner is unable to make arrangements to remove the prisoner's property from the prison within the specified time referred to in subregulation (1)(b), the Governor may dispose of the property.

(3)The Governor must ensure that the removal of a prisoner's property by the prisoner in accordance with subregulation (1)(b) or the disposal of a prisoner's property in accordance with subregulation (2) is recorded in the inventory of that prisoner's property.

(4)If a prisoner is unable to make arrangements to remove the prisoner's property from the prison within the specified time referred to in subregulation (1)(b), the prisoner may apply to the Governor of that prison to request that the prisoner's property is not disposed of.

(5)

The Governor, on receiving a request under subregulation (4), may authorise the storage

of a prisoner's property for a specified time.

(6)Subject to subregulation (7), the Governor must pay into a prisoner's prisoner trust account any money received in relation to the disposal of the prisoner's property under subregulation (2).

(7)The Governor may deduct from any money paid into a prisoner's prisoner trust account under subregulation (6) an amount that is no more than the cost of disposing of the prisoner's property under subregulation (2).

62Giving or selling of prisoner's property

(1)A prisoner must not give or sell any of the prisoner's property to another prisoner.

(2)Subject to regulation 134, a prisoner's property must not be received or bought by another prisoner or an officer.

(3)Despite subregulations (1) and (2), a Governor may authorise a prisoner to give or sell an item of the prisoner's property to another prisoner.

63Deceased prisoner's property

(1)Upon completion of an inquest held by a coroner into the death of a prisoner, the Governor must arrange for the prisoner's property and any money standing to the credit of the prisoner's prisoner trust account to be delivered to the executor or administrator of the deceased prisoner's estate.

(2)At any time before an inquest held by a coroner into the death of a prisoner is completed, the Governor may, at the request of the executor or administrator of the deceased prisoner's estate, deliver the prisoner's property and any money standing to the credit of the prisoner's prisoner trust account to the executor or administrator.

PART 6—PRISON DISCIPLINE

64Definition

In this Part—

disciplinary hearing has the same meaning as a Governor's hearing under Part 7 of the Act;

informant means a prison officer who—

(a)has witnessed the commission of the prison offence; or

(b)has been informed of the commission of the prison offence by a prisoner or an officer.

65Prison offences

(1)A prisoner must not—

(a)assault or threaten any person; or

(b)act in a disruptive, abusive, offensive, racist, discriminatory or indecent manner, whether by language or conduct; or

(c)engage in gambling; or

(d)traffic into a prison an unauthorised article or substance; or

(e)have in the prisoner's possession an article or substance that is not—

(i)issued or authorised by an officer; or

(ii)prescribed by a medical officer, a registered medical practitioner or a dentist; or

(iii)permitted under the Act or these Regulations; or

(f)consume alcohol; or

(g)use a drug of dependence that is not prescribed for the prisoner by a registered medical practitioner; or

(h)use a drug of dependence prescribed for the prisoner by a registered medical practitioner in a manner that is not prescribed; or

(i)possess an unauthorised article or substance unless the prisoner's possession of the unauthorised article or substance is approved by the Governor; or

(j)smoke or use a tobacco product; or

(k)misuse a telephone to threaten a person or to speak to a person who is not approved by the Governor; or

(l)use any communication device (including a radio and a mobile telephone) that is not approved by the Governor; or

(m)communicate, or cause to be communicated (including by radio, telephone, the Internet or any other means) any matter that the Governor is reasonably satisfied is contrary to—

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

(ii)the safe custody or welfare of any prisoner; or

(iii)the safety or welfare of any person (including the impact of the communication on a victim which may be distressing, traumatic or offensive); or

(n)misuse a computer or any other electronic equipment accessed by installing, using or possessing hardware, programmes, software or other material that is not approved by the Commissioner; or

(o)use or access the Internet; or

(p)commission, arrange, enable or allow another person to use or access the Internet on the prisoner's behalf, unless use or access to the Internet is—

(i)by a lawyer representing the prisoner, or from whom the prisoner is seeking legal advice, for the purposes of a legal proceeding; or

(ii)by any person or body referred to in regulation 20 or section 47(1)(m) of the Act (other than a lawyer referred to in section 47(1)(m)(iii) of the Act) in the course of the person or body's official duties; or

(iii)for a purpose approved by the Governor or the Commissioner in accordance with subregulation (2); or

(q)send a letter or a parcel if the letter or the parcel—

(i)threatens the security of the prison; or

(ii)is of a threatening nature; or

(iii)may be used to further an unlawful activity or purpose; or

(iv)contains indecent, abusive, threatening or offensive written or pictorial material, or material which a victim may regard as distressing or traumatic; or

(v)contains an indecent, obscene or offensive article or substance; or

(r)receive a letter or parcel if the prisoner knows that the letter or the parcel—

(i)threatens the security of the prison; or

(ii)is of a threatening nature; or

(iii)may be used to further an unlawful activity or purpose; or

(iv)contains indecent, abusive, threatening or offensive written or pictorial material, or material which a victim may regard as distressing or traumatic; or

(v)contains an indecent, obscene, offensive or unauthorised article or substance; or

(s)act in a way which is detrimental to or threatens property of a prison; or

(t)without the direction or permission of an officer—

(i)be in a place where the prisoner is not permitted to be; or

(ii)leave the place where the prisoner is required to be; or

(u)engage in work in a prison industry in a careless or negligent manner; or

(v)disobey a lawful order, direction or instruction of an officer; or

(w)fail to comply with a direction under section 29A(1) of the Act; or

(x)in relation to tests conducted under section 29A(1) of the Act—

(i)interfere with a test or sample; or

(ii)contaminate or substitute a sample; or

(y)give the prisoner's property to another prisoner unless authorised by the Governor in accordance with regulation 62(3); or

(z)sell the prisoner's property to another prisoner unless authorised by the Governor in accordance with regulation 62(3); or

(za)receive or buy another prisoner's property unless authorised by the Governor in accordance with regulation 62(2); or

(zb)damage another prisoner's property; or

(zc)act in a way that is contrary to the security or good order of the prison or the safety of any other prisoner; or

(zd)commit family violence within the meaning of section 5 of the Family Violence Protection Act 2008; or

(ze)commission a third party to commit an act of family violence on the prisoner's behalf within the meaning of section 5 of the Family Violence Protection Act 2008; or

(zf)breach a family violence intervention order, a final order or an interim order within the meaning of section 11 of the Family Violence Protection Act 2008; or

(zg)breach a family violence safety notice within the meaning of section 4 of the Family Violence Protection Act 2008; or

(zh)attempt to commit any of the offences referred to in paragraphs (a) to (zg).

(2)For the purposes of subregulation (1)(p)(iii), the Governor or the Commissioner may approve a person to use or access the Internet having regard to—

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

(b)the safe custody or welfare of any prisoner; or

(c)the safety or welfare of any person (including the impact of the communication on a victim which may be distressing, traumatic or offensive).

(3)A prisoner contravenes subregulation (1)(w) if the prisoner has not provided a sample of urine within 3 hours of being directed to do so under section 29A(1) of the Act.

66Investigation of prison offence

Before charging a prisoner with a prison offence, a disciplinary officer, in investigating the prison offence, must—

(a)review the report made under section 50(1) of the Act; and

(b)interview relevant staff; and

(c)seek additional evidence, if necessary; and

(d)interview the prisoner about the alleged prison offence and record the prisoner's response; and

(e)check any relevant registers maintained by the prison; and

(f)consider whether the prisoner has any special needs or special circumstances.

67Conduct of disciplinary hearing

In conducting a disciplinary hearing, the Governor—

(a)must ensure that the hearing is conducted with as little formality and technicality and as expeditiously as the requirements of the Act, these Regulations and a proper consideration of the matters before the disciplinary hearing permit; and

(b)is not bound by the rules of evidence but may be informed on any matter in such manner as the Governor thinks appropriate.

68Prisoner must be given details of the charge and procedure of the disciplinary hearing

The Governor must notify the prisoner in writing about the charge and the procedure of the disciplinary hearing.

69Preliminary steps if prisoner is present at the disciplinary hearing

(1)If the prisoner attends the disciplinary hearing—

(a)the prisoner must be informed of the procedure for the hearing; and

(b)the charge must be read to the prisoner; and

(c)the prisoner must be given an opportunity to state the prisoner's plea.

(2)The charge must include—

(a)the name of the informant; and

(b)the details of the charge; and

(c)the relevant provisions of the Act or Regulations allegedly contravened.

70Procedure if prisoner pleads not guilty

If the prisoner pleads not guilty to the charge, the person conducting the case against the prisoner must—

(a)present evidence to support the charge at the disciplinary hearing; and

(b)be given a reasonable opportunity to call relevant witnesses, including the informant; and

(c)be given a reasonable opportunity to cross-examine the prisoner and the prisoner's witnesses (if any).

71Procedure if prisoner pleads guilty

If the prisoner pleads guilty to the charge, the Governor must—

(a)review the circumstances of the charge; and

(b)consider any mitigating factors; and

(c)invite the prisoner to make a plea concerning penalty.

72Procedure if prisoner refuses or fails to attend the disciplinary hearing

If the prisoner refuses or fails to attend the disciplinary hearing—

(a)the charge must be read at the hearing, including—

(i)the name of the informant; and

(ii)details of the charge; and

(iii)the relevant provisions of the Act or the Regulations allegedly contravened; and

(b)a plea of not guilty must be recorded on behalf of the prisoner; and

(c)the person conducting the case against the prisoner must—

(i)present evidence that notice under section 53(1) of the Act was given to the prisoner; and

(ii)present evidence to support the charge; and

(iii)be given a reasonable opportunity to call relevant witnesses, including the informant.

73Dismissal of charge

(1)At the conclusion of the disciplinary hearing, the Governor must dismiss the charge if there is insufficient evidence to warrant proceeding with the charge.

(2)In addition to subregulation (1), the Governor may dismiss a charge at any time after—

(a)the prisoner is given an opportunity to state the prisoner's plea; or

(b)if the prisoner refuses or fails to attend the disciplinary hearing, a plea of not guilty has been recorded on behalf of the prisoner.

74Steps to be taken once Governor has made a decision at the disciplinary hearing

(1)If at the disciplinary hearing the Governor finds a prisoner guilty of the prison offence, the Governor must—

(a)inform the prisoner of the Governor's decision; and

(b)record in the form determined by the Secretary—

(i)the Governor's decision; and

25.*You must not contact, directly or indirectly, [specify person or class of person or both] without being under the supervision of a person or persons approved in writing by the *Regional Manager/*Adult Parole Board.

26.*You must provide to the Adult Parole Board information pertaining to your financial affairs, if directed by the Adult Parole Board.

27.*You must submit to the auditing of data held in computers and any other devices in your possession or under your control, if directed by the Adult Parole Board.

*Delete if inapplicable

*The following additional terms and conditions also apply to you:

28.

*Delete if inapplicable

*Electronic monitoring requirement

29.You must be electronically monitored in relation to [specify term and condition].

*Delete if inapplicable

*Intensive parole period

30.You must complete [specify term(s) and condition(s)] within [specify period].

*Delete if inapplicable

WARNING TO THE PRISONER RELEASED ON PAROLE:

The Adult Parole Board may change the terms and conditions of this parole order at any time. It is a condition of this parole order that if the Adult Parole Board does change this parole order and the changes are explained to you, you must sign (when asked to do so) a declaration acknowledging that the changes have been explained to you.

You are still under a sentence of imprisonment. The Adult Parole Board may cancel this parole order at any time before the end of the parole period.

If you are sentenced to imprisonment in respect of one or more offences committed during the parole period (whether or not in Victoria), the Adult Parole Board may cancel this parole order even though your parole period may have ended.

You must not break any law. If you are charged with or convicted of an offence punishable by imprisonment, this parole order may be cancelled.

If this parole order is cancelled, you will be returned to prison. Your period on parole may not count as time served and you may serve the remainder of the full sentence as originally imposed, unless the Adult Parole Board orders otherwise.

You must comply with the terms and conditions of this parole order. It is a criminal offence to breach a term or condition of a parole order that is prescribed by the Regulations without reasonable excuse and the offence is punishable by up to 3 months imprisonment or a fine of up to 30 penalty units or both. You may be arrested by police and detained in custody if you are suspected of committing this offence. Unless the Court orders otherwise, the sentence of imprisonment must be served cumulatively on the remainder of your sentence (if your parole is cancelled) or any prison sentence imposed for the offence for breaching a term and condition of your parole.

Otherwise, if you comply with the terms and conditions of this parole order, your parole will expire on:

[insert date].

You must comply with this order.

Dated this            day of  20          .

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

For and on behalf of the Adult Parole Board

Member/Secretary of the Adult Parole Board

FORM 11

Regulation 117(2)

DECLARATION BY PRISONER RELEASED UNDER A PAROLE ORDER

I, [name, in BLOCK letters, of prisoner released under a parole order] declare that I have been given an explanation of the terms and conditions of my parole and I acknowledge that I must comply with this order.

Signed  Dated

FORM 12

Regulation 119(1)(a)

VARIED PAROLE ORDER

TO

[Given names and surname]               [Surname in BLOCK letters]

of       [Address]

You were convicted of

The Adult Parole Board ordered that you be released on parole

on the               day of              20         subject to terms and conditions.

*You are a prisoner released on parole in respect of:

£    a sexual offence/ sexual offences.

£    a serious violent offence/ serious violent offences.

£    Tick whichever applies. *Delete if inapplicable

Now the Adult Parole Board, on the             day of                20    , varies the terms and conditions of the Order with effect from [date]. On and from that date the terms and conditions of your parole are as set out in this Order.

*Delete if inapplicable

Terms and conditions of Parole Order

The terms and conditions of this Order apply to you on and from the [insert date of variation by the Board] for the period of your parole, except for any terms and conditions that must be completed in an intensive parole period.

You are released on parole on the following mandatory terms and conditions of this Order:

1.You must not break any law.

2.You must report to the community corrections centre specified in this Order within 2 clear working days after this Order comes into force.

3.You must notify a community corrections officer of any change of address at least 2 clear working days before the change of address.

4.You must notify a community corrections officer of any change of employment within at least 2 clear working days of the change of employment.

5.You are under supervision of a community corrections officer.

6.You must report to, and receive visits from, a community corrections officer as and when directed by the community corrections officer.

7.You must be available for interview by a community corrections officer, the Regional Manager or the Adult Parole Board at the time and place as directed by the community corrections officer or the Regional Manager or the Adult Parole Board.

8.You must attend in person at a community corrections centre as directed in writing by a community corrections officer.

9.You must not leave Victoria without the written permission of the Regional Manager.

10.You must comply with any direction given by a community corrections officer or the Regional Manager or the Adult Parole Board that is necessary for a community corrections officer or the Regional Manager or the Adult Parole Board to give to ensure that you comply with this Order.

(If applicable, insert term and condition)

*The following other terms and conditions also apply to you under this Order:

11.*You must not consume any alcohol.

12.*You must undergo assessment, as directed by a community corrections officer or the Regional Manager, to determine whether you are suitable for treatment for abuse of or dependency on alcohol or any drug of dependence or prohibited poison, or medical, psychological or psychiatric treatment, AND, if you are assessed as suitable, undergo or submit to that treatment.

13.*You must submit to testing for alcohol consumption or use of a drug of dependence or prohibited poison as directed by the Secretary to the Department of Justice and Community Safety.

14.*You must report to your supervising community corrections officer [specify reporting frequency] until [specify end of reporting period].

15.*You must not enter in or be within [specify vicinity] of [specify area] unless otherwise approved in writing by the *Regional Manager/*Adult Parole Board.

16.*You must remain in [specify area] unless otherwise approved in writing by the *Regional Manager/*Adult Parole Board.

17.*You must remain at [specify place] between [*a.m.] and [*p.m.] each day unless otherwise approved in writing by the *Regional Manager/*Adult Parole Board.

18.*You must not use or access the Internet.

19.*You must not contact, directly or indirectly, [specify person or class of person or both].

20.*You must not enter in or be within [specify vicinity] of [specify place] unless otherwise approved in writing by the *Regional Manager/*Adult Parole Board.

21.*You must undergo assessment, as directed by a community corrections officer or the Regional Manager, to determine whether you can satisfactorily participate in [specify any suitable program or training that addresses factors specific or related to the prisoner's offending behaviour or any other suitable program or training for any purpose including for employment, educational, cultural or personal development purposes] AND, if you are assessed as suitable, participate in that program or training.

22.*You must undertake unpaid community work as directed by a community corrections officer or the Regional Manager, unless you are employed or participating in [program or training specified under term and condition 21].

23.*You must not reside any night at [specify place of excluded residence] unless otherwise approved in writing by the *Regional Manager/*Adult Parole Board.

24.*You must reside each night at [specify place of required residence] unless otherwise approved in writing by the *Regional Manager/*Adult Parole Board.

25.*You must not contact, directly or indirectly, [specify person or class of person or both] without being under the supervision of a person or persons approved in writing by the *Regional Manager/*Adult Parole Board.

*Delete if inapplicable

*The following additional terms and conditions also apply to you:

26.

*Delete if inapplicable

*Electronic monitoring requirement

27.You must be electronically monitored in relation to [specify term and condition].

*Delete if inapplicable

*Intensive parole period

28.You must complete [specify term(s) and condition(s)] within [specify period].

*Delete if inapplicable.

WARNING TO THE PRISONER RELEASED ON PAROLE:

The Adult Parole Board may change the terms and conditions of this Order at any time.  It is a condition of this Order that if the Adult Parole Board does change this Order and the changes are explained to you, you must sign (when asked to do so) a declaration acknowledging that the changes have been explained to you.

You are still under a sentence of imprisonment.  The Adult Parole Board may cancel the Parole Order at any time before the end of the parole period.  If you are sentenced to imprisonment in respect of one or more offences committed during the parole period (whether or not in Victoria), the Adult Parole Board may cancel the Parole Order even though your parole period may have ended.

You must not break any law.  If you are charged with or convicted of an offence punishable by imprisonment, the Parole Order may be cancelled.  If the Parole Order is cancelled, you will be returned to prison.  Your period on parole may not count as time served and you may serve the remainder of the full sentence as originally imposed, unless the Adult Parole Board orders otherwise.

You must comply with the terms and conditions of this Order.  It is a criminal offence to breach a term and condition of a Parole Order that is prescribed by the Regulations and the offence is punishable by up to 3 months imprisonment or a fine of up to 30 penalty units or both.  You may be arrested by police and detained in custody if you are suspected of committing this offence.  Unless the Court orders otherwise, the sentence of imprisonment must be served cumulatively on the remainder of your sentence (if your parole is cancelled) or any prison sentence imposed for the offence for breaching a term and condition of your parole.

Otherwise, if you comply with the terms and conditions of the Parole Order, your parole will expire on:

[insert date].

You Must Comply With This Order.

Dated this            day of  20          .

For and on behalf of the Adult Parole Board

Member/Secretary of the Adult Parole Board

FORM 13

Regulation 119(1)(b)

VARIED PAROLE ORDER

TO

[Given names]          [Surname in BLOCK letters]

of       [Address]

You were convicted of

The Adult Parole Board ordered that you be released on parole on

the  day of  20       .

*You are a prisoner released on parole in respect of:

a sexual offence/sexual offences.

a serious violent offence/serious violent offences.

Tick whichever applies. *Delete if inapplicable

Now the Adult Parole Board, on the        day of     20       , varies the terms and conditions of the order with effect from [date]. On and from that date the terms and conditions of your parole are set out in this order.

Terms and conditions of parole order

The terms and conditions of this order apply to you from the [insert date of variation by the Board] for the period of your parole, except for any terms and conditions that must be completed in an intensive parole period.

You are released on parole on the following mandatory terms and conditions of this order:

1.You must not break any law.

2.You must report to the community corrections centre specified in this order within 2 clear working days after this order comes into force.

3.You must notify a community corrections officer of any change of address at least 2 clear working days before the change of address.

4.You must notify a community corrections officer of any change of employment within at least 2 clear working days of the change of employment.

5.You are under supervision of a community corrections officer.

6.You must report to, and receive visits from, a community corrections officer as and when directed by the community corrections officer.

7.You must be available for interview by a community corrections officer, the Regional Manager or the Adult Parole Board at the time and place as directed by the community corrections officer, the Regional Manager or the Adult Parole Board.

8.You must attend in person at a community corrections centre as directed in writing by a community corrections officer.

9.You must not leave Victoria except with the written permission, granted either generally or in a particular case, of the *Regional Manager/*Adult Parole Board.

10.You must comply with any direction given by a community corrections officer, the Regional Manager or the Adult Parole Board that is necessary for a community corrections officer, the Regional Manager or the Adult Parole Board (as the case requires) to give to ensure that you comply with this order.

*The following other terms and conditions also apply to you under this order:

11.*You must not consume any alcohol, unless otherwise approved in writing by the *Regional Manager/*Adult Parole Board.

12.*You must undergo assessment, as directed by a community corrections officer or the Regional Manager, to determine whether you are suitable for treatment for abuse of or dependency on alcohol or any drug of dependence or prohibited poison, or medical, psychological or psychiatric treatment, AND, if you are assessed as suitable, undergo or submit to that treatment.

13.*You must submit to testing for alcohol consumption or use of a drug of dependence or prohibited poison as directed by the Secretary to the Department of Justice and Community Safety.

14.*You must report to your supervising community corrections officer [specify reporting frequency] until [specify end of reporting period].

15.*You must not enter, or be within [specify vicinity] of, [specify area] unless otherwise approved in writing by the *Regional Manager/*Adult Parole Board.

16.*You must remain in [specify area] unless otherwise approved in writing by the *Regional Manager/*Adult Parole Board.

17.*You must remain at [specify place] between [*a.m.] and [*p.m.] each day unless otherwise approved in writing by the *Regional Manager/*Adult Parole Board.

18.*You must not use or access the Internet unless your use or access is for the purposes of [specify purposes] approved in writing by the *Regional Manager/*Adult Parole Board.

19.*You must not contact, directly or indirectly, [specify person or class of person or both], unless otherwise approved in writing by the *Regional Manager/*Adult Parole Board.

20.*You must not enter, or be within [specify vicinity] of [specify place] unless otherwise approved in writing by the *Regional Manager/*Adult Parole Board.

21.*You must undergo assessment, as directed by a community corrections officer or the Regional Manager, to determine whether you can satisfactorily participate in [specify any suitable program or training that addresses factors specific or related to the prisoner's offending behaviour or any other suitable program or training for any purpose including for employment, educational, cultural or personal development purposes] AND, if you are assessed as suitable, participate in that program or training.

22.*You must undertake unpaid community work as directed by a community corrections officer or the Regional Manager, unless you are employed or participating in [program or training specified under term and condition 21].

23.*You must not reside at [specify place of excluded residence and time of a day] unless otherwise approved in writing by the *Regional Manager/*Adult Parole Board.

24.*You must reside at [specify place of required residence], and must not temporarily reside at another address, unless otherwise approved in writing by the *Regional Manager/*Adult Parole Board.

25.*You must not contact, directly or indirectly, [specify person or class of person or both] without being under the supervision of a person or persons approved in writing by the *Regional Manager/*Adult Parole Board.

26.*You must provide to the Adult Parole Board information pertaining to your financial affairs, if directed by the Adult Parole Board.

27.*You must submit to the auditing of data held in computers and any other devices in your possession or under your control, if directed by the Adult Parole Board.

*Delete if inapplicable

*The following additional terms and conditions also apply to you:

28.

*Delete if inapplicable

*Electronic monitoring requirement

29.You must be electronically monitored in relation to [specify term and condition].

*Delete if inapplicable

*Intensive parole period

30.You must complete [specify term(s) and condition(s)] within [specify period].

*Delete if inapplicable

WARNING TO THE PRISONER RELEASED ON PAROLE:

The Adult Parole Board may change the terms and conditions of this parole order at any time. It is a condition of this parole order that if the Adult Parole Board does change this parole order and the changes are explained to you, you must sign (when asked to do so) a declaration acknowledging that the changes have been explained to you.

You are still under a sentence of imprisonment. The Adult Parole Board may cancel this parole order at any time before the end of the parole period.

If you are sentenced to imprisonment in respect of one or more offences committed during the parole period (whether or not in Victoria), the Adult Parole Board may cancel this parole order even though your parole period may have ended.

You must not break any law. If you are charged with or convicted of an offence punishable by imprisonment, this parole order may be cancelled.

If this parole order is cancelled, you will be returned to prison. Your period on parole may not count as time served and you may serve the remainder of the full sentence as originally imposed, unless the Adult Parole Board orders otherwise.

You must comply with the terms and conditions of this parole order. It is a criminal offence to breach a term or condition of a parole order that is prescribed by the Regulations without reasonable excuse and the offence is punishable by up to 3 months imprisonment or a fine of up to 30 penalty units or both. You may be arrested by police and detained in custody if you are suspected of committing this offence. Unless the Court orders otherwise, the sentence of imprisonment must be served cumulatively on the remainder of your sentence (if your parole is cancelled) or any prison sentence imposed for the offence for breaching a term and condition of your parole.

Otherwise, if you comply with the terms and conditions of this parole order, your parole will expire on:

[insert date].

You must comply with this order.

Dated this            day of  20          .

For and on behalf of the Adult Parole Board

Member/Secretary of the Adult Parole Board

FORM 14

Regulation 119(2)(a)

NOTICE OF VARIATION OF PAROLE ORDER

TO

[Given names] [Surname in BLOCK letters]

of [Address]

On [Date of Order] you were granted release on a parole order by the Adult Parole Board subject to certain terms and conditions.

On [Date of varied Order] the Adult Parole Board varied the terms and conditions of the order, with effect from [date]. A copy of the varied order is attached to this notice.

TAKE NOTICE that the order has been varied as above.

Dated this            day of  20          .

For and on behalf of the Adult Parole Board

Member/Secretary of the Adult Parole Board

FORM 15

Regulation 119(4)(c) and (5)(b)

DECLARATION OF RECEIVING A VARIED PAROLE ORDER

I, [name, in BLOCK letters, of prisoner whose parole order is varied] declare that I have been given a copy of the varied parole order, and an explanation of the variation to the terms and conditions of my parole order and I acknowledge that I must comply with the order.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Signed  Dated

FORM 16

Regulation 120

REVOCATION 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] and by the order of the Adult Parole Board dated [insert date] was to be released on parole on [insert date].

Now the Adult Parole Board, by further order, revokes the parole order pursuant to section 74(2) of the Corrections Act 1986.

[Insert reasons for decision.]*

Dated this            day of  20          .

For and on behalf of the Adult Parole Board

Member/Secretary of the Adult Parole Board*

*Delete if inapplicable

FORM 17

Regulation 121(1)

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] and by the order of the Adult Parole Board dated [insert date] was released on a parole order.

Now the Adult Parole Board cancels the parole order, pursuant to section 77 of the Corrections Act 1986.*

[Insert reasons for decision.]*

Now the parole order is taken to have been cancelled, pursuant to section 77(6) of the Corrections Act 1986.*

By a warrant separately issued under the Corrections Act 1986, you will be returned to prison.

Your period on parole may not count as time served and you may serve the remainder of the full sentence as originally imposed, unless the Adult Parole Board orders otherwise.

Dated this            day of  20          .

For and on behalf of the Adult Parole Board

Member/Secretary of the Adult Parole Board*

*Delete if inapplicable

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

FORM 19

Regulation 123(1)

WARRANT TO ARREST AND RETURN TO PRISON

To the Chief Commissioner of Police and to all police officers in the State of Victoria, and to the Governor of Her Majesty's Melbourne Assessment Prison or any other prison in the State which is more accessible or convenient.

[Given names]  [Surname in BLOCK letters]

was convicted of

and by the order of the Adult Parole Board dated was released on parole on [insert date].

The Adult Parole Board cancelled that parole order on [insert date].

This warrant authorises any police officer to break, enter and search any place where the person whose parole was cancelled is reasonably believed to be and arrest the person and return him or her to a prison, and this warrant requires the Governor of the Prison to receive that person into custody and detain him or her until released according to law.

Dated this            day of  20          .

For and on behalf of the Adult Parole Board

Member/Secretary of the Adult Parole Board

FORM 20

Regulation 127(1)(a)

ORDER TO DETAIN PERSON UNDER SECTION 78C(1)(A) OF THE CORRECTIONS ACT 1986

TO the Chief Commissioner of Police and to all police officers in the State of Victoria, and to the Governor of Her Majesty's Melbourne Assessment Prison or any other prison in the State which is more accessible or convenient.

The Adult Parole Board under section 78C(1)(a) of the Corrections Act 1986 orders that [insert name of prisoner] be detained in a prison or a police gaol pending consideration by the Adult Parole Board of the breach of the term or condition of the prisoner's parole order.

This order authorises any police officers to detain the person named in this order until released according to law.

TAKE NOTICE that the order has been made as above.

Dated this            day of  20          .

at [insert time] a.m./p.m.

For and on behalf of the Adult Parole Board

Member/Secretary of the Adult Parole Board

FORM 21

Regulation 127(1)(b)

ORDER UNDER SECTION 78C(1)(B) OF THE CORRECTIONS ACT 1986 TO CEASE DETENTION

TO the Chief Commissioner of Police and to all police officers in the State of Victoria, and to the Governor of Her Majesty's Melbourne Assessment Prison or any other prison in the State which is more accessible or convenient.

The Adult Parole Board, under section 78C(1)(b) of the Corrections Act 1986, orders that [insert name of prisoner] cease to be detained in custody.

TAKE NOTICE that the order has been made as above.

Dated this  day of       20

at [insert time] a.m./p.m.

For and on behalf of the Adult Parole Board

Member/Secretary of the Adult Parole Board

FORM 22

Regulation 127(3)

NOTICE OF DECISION NOT TO CANCEL PAROLE

To the Chief Commissioner of Police and to all police officers in the State of Victoria, and to the Governor of Her Majesty's Melbourne Assessment Prison or any other prison in the State which is more accessible or convenient.

On [date] the Adult Parole Board under section 78C(1)(a) of the Corrections Act 1986 ordered that [insert name of prisoner] be detained in a prison or a police gaol pending consideration by the Adult Parole Board of the breach of the term or condition of the prisoner's parole order.

On [date] the Adult Parole Board considered the breach of the term or condition in respect of the prisoner in accordance with Division 5 of Part 8 of the Corrections Act 1986 and the Adult Parole Board has decided not to cancel the prisoner's parole. The prisoner's detention in a prison or a police gaol under section 78C(1)(a) of the Corrections Act 1986 has ended.

TAKE NOTICE that the decision has been made as above.

Dated this  day of  20

at [insert time] a.m./p.m.

For and on behalf of the Adult Parole Board

Member/Secretary of the Adult Parole Board

FORM 22A

Regulation 133G

UNDERTAKING OF CONFIDENTIALITY

I, [name of nominee] of [address] have been nominated by [insert name of applicant], subsequently referred to as "the applicant", to be given, on behalf of the applicant, information under section 30A of the Corrections Act 1986 relating to [insert name of prisoner or name of offender who is or was subject to a supervision order, a detention order or an emergency detention order or is or was subject to an application for such an order].

I consent to the nomination and undertake that—

(a)I will not disclose the information disclosed to me under section 30A of the Corrections Act 1986 other than in accordance with the Corrections Act 1986; and

(b)I will treat the information disclosed to me under section 30A of the Corrections Act 1986 in an appropriate manner that respects the confidential nature of the information.

In giving this undertaking I acknowledge that—

(a)if the applicant is included on the victims register, my obligations of confidentiality under the Corrections Act 1986 and this undertaking remain even if my nomination ceases or the applicant is removed from the victims register; and

(b)I *have read/*have had explained to me the content of sections 30H and 30I of the Corrections Act 1986.

Dated this     day of        20     .

[Signature of nominee]

[Signature of witness]

of [name and address]

*Delete if inapplicable

FORM 23

Regulation 135

NOTIFICATION TO THE SECRETARY OF LEGAL PROCEEDINGS AGAINST A PRISONER IN RESPECT OF A CRIMINAL ACT BY THE PRISONER

Ref. No.

DETAILS OF PERSON COMMENCING THE LEGAL PROCEEDINGS

Surname:

Given names:

Address:

Postcode:

DETAILS OF THE LEGAL PROCEEDINGS

Name of prisoner against whom proceedings have been commenced:

Parties to the proceedings:

Court in which proceedings commenced:

Date proceedings commenced:

Court Reference Number:

FORM 24

Regulation 136

NOTIFICATION TO THE SECRETARY OF THE FINAL DETERMINATION OF LEGAL PROCEEDINGS AGAINST A PRISONER IN RESPECT OF A CRIMINAL ACT BY THE PRISONER

Ref. No.

DETAILS OF PERSON WHO COMMENCED THE LEGAL PROCEEDINGS

Surname:

Given names:

Address:  Postcode:

DETAILS OF THE FINAL DETERMINATION OF THE LEGAL PROCEEDINGS

Name of prisoner against whom proceedings have been commenced:

Parties to the proceedings:

Court in which proceedings commenced:

Court Reference Number:

Date proceedings finalised:

Final determination of proceedings:

Amount awarded to the victim in those proceedings:

═════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Corrections Regulations 2019, S.R. No. 27/2019 were made on 16 April 2019 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under sections 112 and 112A of the Corrections Act 1986, No. 117/1986 and came into operation on 28 April 2019: regulation 3.

The Corrections Regulations 2019 will sunset 10 years after the day of making on 16 April 2029 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Corrections Regulations 2019 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Corrections Amendment Regulations 2019, S.R. No. 46/2019

Date of Making:	12.6.19
Date of Commencement:	12.6.19

Corrections Amendment (Parole) Regulations 2023, S.R. No. 26/2023

Date of Making:	26.4.23
Date of Commencement:	1.7.23: reg. 3

Corrections Amendment Regulations 2025, S.R. No. 118/2025

Date of Making:	18.11.25
Date of Commencement:	18.11.25: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] Reg. 108: S.R. No. 170/2018.

——

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.