Parole Orders (Transfer) Act 1983 (Vic)
Version No. 030
Parole Orders (Transfer) Act 1983
No. 9960 of 1983
Version incorporating amendments as at
23 September 2015
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Short title
2Commencement
3Definitions
3ACorresponding law
3BValidation
4Registrar of Transferred Parole Orders
Part 2—Registration of Parole Orders
5Requests for registration of transferred parole orders
6Documents to accompany requests
7Matters to which Minister to have regard
8Registration
9Effect of registration
10Effect of transfer of parole order
Part 3—General
11Evidence
11AUse of documents and information
12Delegation
13Regulations
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 030
Parole Orders (Transfer) Act 1983
No. 9960 of 1983
Version incorporating amendments as at
23 September 2015
An Act relating to the reciprocal Enforcement of Parole Orders.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
Part 1—Preliminary
1Short title
This Act may be cited as the Parole Orders (Transfer) Act 1983.
2Commencement
The several provisions of this Act shall come into operation on the day or on the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.
3Definitions
In this Act, unless the contrary intention appears—
corresponding law means a law of another State or a Territory relating to the transfer of parole orders that—
(a)corresponds, or substantially corresponds, to this Act; or
(b)is declared by the Minister to be a corresponding law for the purposes of this Act;
designated authority means, in relation to another State or a Territory of the Commonwealth, the person (other than a body corporate) having powers under the corresponding law of that State or Territory that correspond to those of the Minister under section 5;
international prisoner means a person who is serving a sentence of imprisonment in Australia in accordance with the International Transfer of Prisoners Act 1997 of the Commonwealth;
Parole Board means the Adult Parole Board constituted under the Corrections Act 1986;
parole order means a parole order in force under Part 8 of the Corrections Act 1986 or under a law of another State or a Territory relating to parole, and includes—
(a)an authority given under a law of this State or a law of another State or a Territory for the release of a person of or over the age of 18 years from imprisonment or lawful detention, being an authority that has the effect of or is deemed to be an order for the release of a person upon parole; and
(b)such a parole order or authority as varied from time to time; and
(c)a prospective parole order or a prospective authority of the kind referred to in paragraph (a) or (b), but only for the purposes of making or dealing with a request under section 5;
Registrar means the Registrar of Transferred Parole Orders;
sentence of imprisonment includes an order, direction, declaration or other authority under which a person may be lawfully detained in a prison.
3ACorresponding law
The Minister, by notice published in the Government Gazette, may declare a law of another State or a Territory relating to the transfer of parole orders to be a corresponding law for the purposes of this Act.
3BValidation
(1)Anything done under this Act on or after 1 May 1984 and before 21 October 2014 in relation to a parole order made under a law of another State or a Territory whose law relating to the transfer of parole orders had not been declared at that time to be a corresponding law has the same effect, and gives rise to the same consequences, and is to be regarded as always having had the same effect and having given rise to the same consequences, as if the law of that State or Territory relating to the transfer of parole orders had been declared to be a corresponding law for the purposes of this Act.
(2)Any act or thing done or omitted to be done, whether under a power conferred by or under an enactment or otherwise, in reliance, directly or indirectly, on a parole order referred to in subsection (1) made under the law of another State or Territory is not invalid by reason only of the fact that, but for subsection (1), the law of that State or Territory relating to the transfer of parole orders was not a corresponding law.
(3)For the purposes of subsection (2), an act or thing may be done or omitted to be done before or after the commencement of section 44 of the Corrections Legislation Amendment Act 2015 and includes but is not limited to a proceeding for a breach of the conditions of the parole order and any penalty imposed.
4Registrar of Transferred Parole Orders
Subject to the Public Administration Act 2004, there shall be a Registrar of Transferred Parole Orders.
Part 2—Registration of Parole Orders
5Requests for registration of transferred parole orders
(1)The Minister may, at the request in writing of the designated authority for another State or a Territory, by instrument in writing, direct the Registrar to register under this Act a parole order made under a law of that State or Territory.
(2)The Minister may, by instrument in writing addressed to the designated authority for another State or a Territory, request that a parole order made under a law of this State be registered under the corresponding law of that State or Territory.
(3)A direction or request is not to be made under this section unless the Minister is satisfied that the person to whom the parole order relates—
(a)has given consent to, or has requested, the registration of the parole order under this Act or under the relevant corresponding law (as the case requires), and has not withdrawn that consent or request; or
(b)is present in the State or Territory in which the order is proposed to be registered.
(4)A person who has given consent to, or has requested, the registration of a parole order, as referred to in subsection (3)(a), may withdraw the consent or request at any time before (but not after) the parole order is registered.
6Documents to accompany requests
(1)Where the Minister requests the designated authority for another State or a Territory under section 5(2) to register a parole order under the corresponding law of that State or Territory, the Minister shall cause to be sent to the designated authority—
(a)the parole order to which the request relates together with any variations of the order;
(b)the judgment, order, warrant or other instrument by virtue of which the person to whom the parole order relates became liable to undergo the imprisonment to which the parole order relates;
(c)particulars in writing of the address of that person last known to the Minister; and
(d)a report in writing relating to that person containing such information and accompanied by such documents as appear to be likely to be of assistance to any court, authority or officer in that State or Territory, including all documents that were before the body making the parole order, details of convictions, sentences of imprisonment, non-parole periods of imprisonment, periods of imprisonment served, class of prisoner, reductions of sentence earned and other grants of parole.
(2)A reference in subsection (1) (other than a reference in paragraph (a) of subsection (1)) to an order, judgment or other document is a reference to the original or to a copy certified as a true copy by the Registrar.
(3)In subsection (1)(a), a reference to a parole order (including any variation of a parole order) is a reference not only to the original but also to a copy that, under a law of this State, has the same effect as the original.
7Matters to which Minister to have regard
In determining whether to make a direction or request under section 5, the Minister must have regard to the following matters—
(a)the interests (including the welfare) of the person to whom the parole order relates;
(b)the administration of justice in this or any other State or a Territory;
(c)the protection of the community in this or any other State or a Territory;
(d)any other matter the Minister considers relevant.
8Registration
(1)When so directed under section 5(1), the Registrar shall register a parole order under this Act by—
(a)endorsing on the parole order a memorandum signed by him to the effect that the parole order is, on the date of the endorsement, registered under this Act; and
(b)keeping the endorsed parole order in a register together with the original or copy of the judgment, order, warrant or other instrument sent by the designated authority, being the judgment, order, warrant or other instrument by virtue of which the person to whom the parole order relates became liable to undergo the imprisonment to which the parole order relates.
(1A)Despite subsection (1), a parole order must not be registered under this Act, unless, or until, the person to whom the order relates is present in this State.
(2)When the Registrar has registered a parole order, he shall—
(a)forward to the Chairman of the Parole Board one copy of the parole order, being a copy on which is written a copy of the memorandum endorsed on the parole order in accordance with subsection (1), together with one copy of the judgment or order referred to in paragraph (b) of subsection (1); and
(b)cause notice in writing of the fact and date of the registration of the parole order to be given to the designated authority who requested the registration of the parole order, and to be served personally on the person to whom the parole order relates.
9Effect of registration
(1)Subject to this section, while a parole order (including a parole order that was, at any time, in force in this State) is registered under this Act, the laws of this State apply to and in relation to the parole order and the person to whom the parole order relates.
(2)If the parole order registered under this Act was made under a law of another State or a Territory, the laws of this State apply under subsection (1) as if—
(a)each sentence of imprisonment to which the person to whom the parole order relates was subject immediately before the making of the parole order had been imposed by the appropriate court of this State;
(b)each period of imprisonment served by that person for the purpose of each such sentence had been served for the purpose of the sentence imposed by the appropriate court of this State; and
(c)the parole order had been made and were in force under a law of this State.
(2A)Without limiting subsections (1) and (2), the person to whom the parole order relates may be dealt with under the law of this State in relation to any breach of the conditions of the parole order that occurred before it was registered under this Act.
(3)For the purposes of subsection (2), the appropriate court of this State is—
(a)if the sentence of imprisonment referred to in subsection (2)(a) was imposed by a court of summary jurisdiction or by a court on appeal from a court of summary jurisdiction, the Magistrates' Court; and
(b)in any other case, the Supreme Court.
* * * * *
10Effect of transfer of parole order
(1)Upon the registration under a corresponding law of a parole order that, immediately before that registration, was in force under a law of this State—
(a)the parole order ceases to be in force in this State;
(b)in the case of a parole order that was registered under this Act, the parole order ceases to be so registered; and
(c)each sentence of imprisonment to which the person to whom the parole order relates was subject immediately before the registration under the corresponding law ceases to have effect in this State; and
(d)proceedings against the person to whom the parole order relates may not be commenced or continued under the laws of this State in relation to any breach of the conditions of the parole order that occurred before it was registered under the corresponding law.
(2)Upon the subsequent registration under this Act of a parole order in relation to which subsection (1) has, at any time, applied—
(a)paragraphs (a) and (c) of that subsection cease to apply in relation to the parole order; and
(b)the force and effect that the parole order, and each sentence of imprisonment to which the person to whom the parole order relates was subject, had under a law of this State immediately before its first registration under a corresponding law revive and continue while the parole order is registered under this Act.
Part 3—General
11Evidence
(1)An instrument in writing that purports to be a copy of a memorandum endorsed on a parole order on a specified date under section 8(1) and to have been signed by the Registrar is prima facie evidence that the parole order was registered under this Act on that date.
(2)A parole order made under a law of another State or a Territory and registered under this Act may be received in evidence in any court without further proof by the production of a copy of the parole order certified as a true copy by the Registrar, and such a copy is prima facie evidence of the matters stated in the parole order.
11AUse of documents and information
(1)For the purpose of making a determination or exercising a discretion under this Act, the Minister—
(a)may inform himself or herself as the Minister thinks fit including, in particular, by reference to relevant documents and information—
(i)forwarded to the Minister by the designated authority of another State or a Territory; or
(ii)obtained in the course of investigations carried out in this State in connection with the making of the determination or the exercise of the discretion; and
(b)may provide any such documents or information (including any personal information about the person to whom a parole order relates) to any government agencies or other persons that may be directly affected by that person's presence in the State or Territory in which the parole order is, or is proposed to be, registered.
(2)This section does not authorise the disclosure of information about a person to whom a parole order relates unless the person—
(a)has given consent to, or has requested, the registration of the parole order under this Act or under the relevant corresponding law (as the case requires), and has not withdrawn that consent or request; or
(b)is present in the State or Territory in which the parole order is, or is proposed to be, registered; or
(c)has applied for permission to travel to that State or Territory.
(3)A person who has given consent to, or has requested, the registration of a parole order, as referred to in subsection (2)(a), may withdraw the consent or request at any time before (but not after) the parole order is registered.
12Delegation
(1)The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to an employee in the public service any of his powers under this Act, other than this power of delegation.
(2)A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.
(3)A delegation under this section does not prevent the exercise of a power by the Minister.
13Regulations
The Governor in Council may make regulations for or with respect to prescribing any matter which by this Act is required or permitted to be prescribed or which is necessary to be prescribed for carrying out or giving effect to this Act.
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Parole Orders (Transfer) Act 1983 was assented to on 22 November 1983 and came into operation on 1 May 1984: Government Gazette 1 May 1984 page 1315.
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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection 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 an Act 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 an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Parole Orders (Transfer) Act 1983 by Acts and subordinate instruments.
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Corrections Act 1986, No. 117/1986
Assent Date: 23.12.86 Commencement Date: S. 6(Sch. 1 item 5(2)) on 6.5.87: Government Gazette 6.5.87 p. 1004 Current State: This information relates only to the provision/s amending the Parole Orders (Transfer) Act 1983
Community Services Act 1987, No. 16/1987[1]
Assent Date: 12.5.87 Commencement Date: S. 4(3)(Sch. 1 item 16) on 22.2.89: Government Gazette 22.2.89 p. 386 Current State: This information relates only to the provision/s amending the Parole Orders (Transfer) Act 1983
Corrections (Prison Management and Prisoners) Act 1991, No. 16/1991
Assent Date: 23.4.91 Commencement Date: 1.10.91: Government Gazette 25.9.91 p. 2650 Current State: All of Act in operation
Corrections (Remissions) Act 1991, No. 44/1991
Assent Date: 18.6.91 Commencement Date: S. 7(1) on 22.4.92: Government Gazette 15.4.92
p. 898Current State: This information relates only to the provision/s amending the Parole Orders (Transfer) Act 1983
Sentencing Act 1991, No. 49/1991
Assent Date: 25.6.91 Commencement Date: 22.4.92: Government Gazette 15.4.92 p. 898 Current State: All of Act in operation
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) Current State: This information relates only to the provision/s amending the Parole Orders (Transfer) Act 1983
International Transfer of Prisoners (Victoria) Act 1998, No. 67/1998
Assent Date: 4.11.98 Commencement Date: Ss 10, 11 on 8.8.02: Government Gazette 8.8.02 p. 2162 Current State: This information relates only to the provision/s amending the Parole Orders (Transfer) Act 1983
Children and Young Persons (Age Jurisdiction) Act 2004, No. 72/2004
Assent Date: 9.11.04 Commencement Date: S. 43 on 1.7.05: s. 2(2) CurrentState: This information relates only to the provision/s amending the Parole Orders (Transfer) Act 1983
Public Administration Act 2004, No. 108/2004
Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 150) on 5.4.05: Government Gazette 31.3.05 p. 602 CurrentState: This information relates only to the provision/s amending the Parole Orders (Transfer) Act 1983
Corrections Amendment Act 2013, No. 10/2013
Assent Date: 13.3.13 Commencement Date: Ss 39–49 on 30.4.13: Special Gazette (No. 141) 16.4.13 p. 1 CurrentState: This information relates only to the provision/s amending the Parole Orders (Transfer) Act 1983
Corrections Legislation Amendment Act 2015, No. 41/2015
Assent Date: 22.9.15 Commencement Date: Ss 44, 45 on 23.9.15: s. 2(1) CurrentState: This information relates only to the provision/s amending the Parole Orders (Transfer) Act 1983
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3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
[1] S. 3: The amendments proposed by the Community Services Act 1987, No. 16/1987 are not included in this publication as the word "Welfare" was removed by earlier amendments to the definitions in section 3.
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