Untitled document
Corrections Amendment Regulations 2017
S.R. No. 60/2017
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Regulation 10 inserted
6Regulation 86A substituted
7New regulations 88D and 88E inserted
8New Division 4 of Part 8 inserted
9Regulation 94 substituted
10Schedule 6 substituted
11New Forms 4 and 5 of Schedule 10 inserted
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Endnotes
STATUTORY RULES 2017
S.R. No. 60/2017
Corrections Act 1986
Corrections Amendment Regulations 2017
The Governor in Council makes the following Regulations:
Dated: 27 June 2017
Responsible Minister:
GAYLE TIERNEY
Minister for CorrectionsANDREW ROBINSON
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Corrections Regulations 2009—
(a)to prescribe and update various forms and other procedures and other matters authorised by the Corrections Act 1986; and
(b)to prescribe conditions and limitations for the discharge of firearms by authorised police officers; and
(c)to make minor and technical amendments.
2Authorising provision
These Regulations are made under section 112 of the Corrections Act 1986.
3Commencement
(1)These Regulations, except regulations 6, 7 and 10, come into operation on 28 June 2017.
(2)Regulations 6, 7 and 10 come into operation on 1 August 2017.
4Principal Regulations
In these Regulations, the Corrections Regulations 2009[1] are called the Principal Regulations.
5Regulation 10 inserted
After regulation 9 of the Principal Regulations insert—
"10 Discharge of firearms by authorised police officers
(1)A police officer who is authorised under section 15 of the Act to exercise the powers of a prison officer and who uses a firearm in reliance on that authority is subject to the conditions and limitations set out in this regulation.
(2)A police officer may discharge a firearm at a prisoner if—
(a)the prisoner escapes or attempts to escape from custody; and
(b)the police officer reasonably believes that discharging the firearm is the only practicable way to prevent the escape of the prisoner from custody.
(3)A police officer may discharge a firearm at a person if the police officer reasonably believes that—
(a)the person is aiding a prisoner in escaping or attempting to escape from custody; and
(b)discharging the firearm is the only practicable way to prevent the escape of the prisoner from custody.
(4)A police officer may discharge a firearm at a person if—
(a)that person is using force or threatening force against—
(i)a person in a prison; or
(ii)an officer within the meaning of Part 5 of the Act (including the police officer carrying the firearm) acting in the execution of the officer's duties outside a prison; or
(iii)a prisoner outside a prison; and
(b)the police officer reasonably believes that discharging the firearm is the only practicable way to prevent that person causing death or serious injury.
(5)Before discharging a firearm at a person, a police officer must—
(a)if it is practicable to do so, give an oral warning to that person to the effect that the person will be shot at if that person does not stop escaping, attempting to escape, aiding an escape or attempted escape or using or threatening force (as the case may be); and
(b)be satisfied that discharging a firearm at the person does not create an unnecessary risk to any other person.
(6)A police officer may discharge a firearm that is a prescribed non-lethal firearm at a person if the police officer reasonably believes that discharging the firearm is the only practicable way to—
(a)prevent, control or stop a riot in a prison; or
(b)prevent a serious threat to the security or good order of the prison.".
6Regulation 86A substituted
For regulation 86A of the Principal Regulations substitute—
"86A Revocation of a parole order
(1)If the Adult Parole Board revokes a parole order under section 74(2) of the Act (revocation order), the Adult Parole Board must give notice of the revocation order in Form 1 of Schedule 6 to the relevant Governor and relevant Regional Manager not later than 7 days after it revoked the order.
(2)If the person whose parole order is revoked is not held in custody in prison, the Regional Manager must, as soon as possible—
(a)if the person attends a community corrections centre—arrange for that person to be provided with a copy of the revocation order; or
(b)if the person does not attend a community corrections centre within 7 days of the making of the order—send, or cause to be sent, a copy of the revocation order to that person's last known address.
(3)If a person whose parole order is revoked under section 74(2) of the Act is held in custody in a prison, the Governor must cause that person to be provided with a copy of the notice of the revocation order as soon as possible after receiving or becoming aware of the giving of the notice under subregulation (1).
86BCancellation of a parole order
(1)If the Adult Parole Board cancels, or is taken to have cancelled, a parole order under section 77 of the Act, the Adult Parole Board must give notice of the cancellation order (cancellation order) in Form 2 of Schedule 6 to the relevant Governor and relevant Regional Manager as soon as possible after it cancelled the order.
(2)If the person whose parole order is cancelled, or is taken to have been cancelled, under section 77 of the Act is not held in custody in a prison, the Regional Manager must, as soon as possible—
(a)if the person attends a community corrections centre—arrange for that person to be provided with a copy of the cancellation order; or
(b)if the person does not attend a community corrections centre within 7 days of the making of the order—send, or cause to be sent a copy of the cancellation order to that person's last known address.
(3)If the person whose parole order is cancelled, or is taken to have been cancelled, under section 77 of the Act is held in custody in a prison, the Governor must cause that person to be provided with a copy of the notice of the cancellation order as soon as possible after receiving or becoming aware of the giving of the notice under subregulation (1).
86CRevocation of a cancellation of a parole order
(1)If the Adult Parole Board revokes a cancellation of a parole order under section 77A of the Act (revocation of cancellation order), the Adult Parole Board must give notice of the revocation of cancellation order in Form 3 of Schedule 6 to the relevant Governor and relevant Regional Manager not later than 7 days after it revoked the order.
(2)If the person whose parole order was cancelled but is revoked under section 77A of the Act is not held in custody in prison, the Regional Manager must, as soon as possible—
(a)if the person attends a community corrections centre—arrange for that person to be provided with a copy of the revocation of cancellation order; or
(b)if the person does not attend a community corrections centre within 7 days of the making of the order—send, or cause to be sent, a copy of the revocation of cancellation order to that person's last known address.
(3)If the person whose parole order was cancelled but is revoked under section 77A of the Act is held in custody in prison, the Governor must cause that person to be provided with a copy of the notice of the revocation of cancellation order as soon as possible after receiving or becoming aware of the giving of the notice under subregulation (1).".
7New regulations 88D and 88E inserted
After regulation 88C of the Principal Regulations insert—
"88D Dealing with seized things
(1)For the purposes of section 78J(5) of the Act, the Commissioner must deal with a thing seized under Division 5A of Part 8 of the Act in accordance with this regulation.
(2)Where the thing may be required as evidence of an offence, the Commissioner must direct that the thing be retained.
(3)Where the thing has been forfeited, or may otherwise be disposed of under law, the Commissioner must direct that the thing be disposed of in a manner allowed by law.
(4)Where subregulation (2) or (3) does not apply, the Commissioner must direct that the thing be—
(a)returned to the person from whom it was seized; or
(b)returned to the owner of the thing if reasonably practicable in the circumstances and the Commissioner forms the reasonable belief that the person from whom the thing was seized is not entitled at law to possess it; or
(c)stored on behalf of the prisoner on parole until such time as the grounds for seizure no longer apply.
88EReceipt for seized things
(1)For the purposes of section 78O(2)(a) of the Act, the prescribed information is—
(a)the time, date and place of the seizure; and
(b)the name of the specified officer who—
(i)seized the thing; or
(ii)is responsible for recording the details of the seized thing; and
(c)a description of the thing seized; and
(d)the name of the person from whom the thing was seized; and
(e)if the person from whom the thing was seized is not the owner of the thing, the name and address of the owner of the thing (if known).
(2)The information specified in subregulation (1) may be contained in one or more receipts.
(3)Subject to subregulations (4) and (5), for the purposes of section 78O(2)(b) of the Act, a receipt must be signed by—
(a)the person from whom the thing was seized; and
(b)the specified officer who—
(i)seized the thing; or
(ii)is responsible for recording the details of the seized thing.
(4)If the person from whom the thing was seized refuses to sign a receipt, a receipt may be signed by—
(a)a community corrections officer or a specified officer who is present at the time of the seizure, other than the specified officer who has signed the receipt in accordance with subregulation (3)(b); or
(b)any other adult not referred to in paragraph (a) who is present at the time of the seizure.
(5)The signature by the officer present at the time of seizure is sufficient for the purposes of subregulation (3) if—
(a)the person from whom the thing was seized refuses to sign a receipt; and
(b)there is only one specified officer present at the time of the seizure; and
(c)there is no other adult present at the time of the seizure.".
8New Division 4 of Part 8 inserted
At the end of Part 8 of the Principal Regulations insert—
"Division 4—Unlawfully released prisoners
88FReturn of prisoner unlawfully released
(1)For the purposes of section 108A of the Act—
(a)a warrant signed by the Secretary under section 108A(2) must be in the form of Form 4 of Schedule 10;
(b)a warrant by a magistrate under section 108A(3) must be in the form of Form 5 of Schedule 10.
(2)An officer authorised by a warrant referred to in section 108A(2) or by a warrant referred to in section 108A(3) to arrest a prisoner and return the prisoner to prison must ensure that a copy of the warrant is given to the prisoner.".
9Regulation 94 substituted
For regulation 94 of the Principal Regulations substitute—
"94 Dealing with seized articles or substances
(1)If an article or substance is seized by a community corrections officer or approved escort officer at a community corrections centre, other than a firearm, explosive substance or drug of dependence, the Regional Manager must deal with that article or substance in accordance with this regulation.
(2)Where the article or substance may be required as evidence of an offence, the Regional Manager must direct that the article or substance be retained.
(3)Where the article or substance has been forfeited, or may otherwise be disposed of under law, the Regional Manager must direct that the article or substance be disposed of in a manner allowed by law.
(4)Where subregulation (2) or (3) does not apply, the Regional Manager must direct that the article or substance be—
(a)returned to the person from whom it was seized; or
(b)returned to the owner of the article or substance if reasonably practicable in the circumstances and the Regional Manager forms the reasonable belief that the person from whom the article or substance was seized is not entitled at law to possess it; or
(c)stored on behalf of the person from whom it was seized until such time as the grounds for seizure no longer apply.".
10Schedule 6 substituted
For Schedule 6 to the Principal Regulations substitute—
"Schedule 6
FORM 1
REVOCATION OF A PAROLE ORDER
Regulation 86A
(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*
*Strike out whichever is inapplicable
FORM 2
CANCELLATION OF A PAROLE ORDER
Regulation 86B
(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] 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]*
Now the parole order is taken to have been cancelled, pursuant to section 77 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*
*Strike out whichever is inapplicable
FORM 3
REVOCATION OF A CANCELLATION OF A PAROLE ORDER
Regulation 86C
(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].
Now the Adult Parole Board, by further Order, revokes the cancellation of the parole order, pursuant to section 77A of the Corrections Act 1986.
Your parole order is revived by this further Order.
You remain on parole.
[Insert reasons for decision. If the parole order was taken to be cancelled under section 77(6) of the Corrections Act 1986 but the Adult Parole Board by further Order revokes the cancellation of a prisoner's parole under section 77(6), the Board must note that it 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*
*Strike out whichever is inapplicable".
11New Forms 4 and 5 of Schedule 10 inserted
At the end of Schedule 10 to the Principal Regulations insert—
"FORM 4
Regulation 88F
WARRANT TO ARREST AND RETURN AN UNLAWFULLY RELEASED PRISONER TO PRISON ISSUED BY THE SECRETARY UNDER SECTION 108A(2) OF THE CORRECTIONS ACT 1986
Prisoner name:
Prisoner JAID/MNI:
Prisoner CRN:
Prisoner date of birth:
Case number/s:
To the Chief Commissioner of Police and to all police officers in the State of Victoria:
The prisoner named on this warrant is not legally entitled to be released and has been released from custody.
The Secretary to the Department of Justice and Regulation, under section 108A(2)(a) of the Corrections Act 1986, authorises any police officer to break, enter and search any place where the prisoner named on this warrant is reasonably believed to be and to arrest the prisoner and return the prisoner to prison.
You must take and safely convey the prisoner named on this warrant to a prison and deliver the prisoner to the person in charge of that prison.
To all prison officers and escort officers:
The prisoner named on this warrant is not legally entitled to be released and has been released from custody.
The Secretary to the Department of Justice and Regulation, under section 108A(2)(b) of the Corrections Act 1986, authorises any prison officer or escort officer to arrest the prisoner and return the prisoner to prison.
You must take and safely convey the prisoner named on this warrant to a prison and deliver the prisoner to the person in charge of that prison.
To the person in charge of a prison into whose custody the prisoner named in this warrant is received:
You are directed and authorised to receive the prisoner named in this warrant into custody and detain that prisoner for the period specified in the original court warrant identified by the case number above, or until that person is otherwise released from custody according to law.
Dated:
Signature of the Secretary to the Department of Justice and Regulation:
FORM 5
Regulation 88F
WARRANT TO ARREST AND RETURN AN UNLAWFULLY RELEASED PRISONER TO PRISON BY A MAGISTRATE UNDER SECTION 108A(3)
OF THE CORRECTIONS ACT 1986
Prisoner name:
Prisoner JAID/MNI:
Prisoner CRN:
Prisoner date of birth:
Case number/s:
To the Chief Commissioner of Police and to all police officers in the State of Victoria:
The prisoner named on this warrant is not legally entitled to be released and has been released from custody.
The Secretary to the Department of Justice and Regulation, under section 108A(3) of the Corrections Act 1986, has authorised the making of an application to a magistrate for a warrant authorising any police officer to break, enter and search any place where the prisoner named on this warrant is reasonably believed to be and to arrest the prisoner and return the prisoner to prison.
This warrant authorises you to take and safely convey the prisoner named on this warrant to a prison and deliver the prisoner to the person in charge of that prison.
To all prison officers and escort officers:
The prisoner named on this warrant is not legally entitled to be released and has been released from custody.
The Secretary to the Department of Justice and Regulation, under section 108A(3) of the Corrections Act 1986, has authorised the making of an application to a magistrate for a warrant authorising any prison officer or escort officer to arrest the prisoner and return the prisoner to prison.
This warrant authorises you to take and safely convey the prisoner named on this warrant to a prison and deliver the prisoner to the person in charge of that prison.
To the person in charge of a prison into whose custody the prisoner named in this warrant is received:
This warrant directs and authorises you to receive the prisoner named in this warrant into custody and detain that prisoner for the period specified in the original court warrant identified by the case number above, or until that person is otherwise released from custody according to law.
Dated:
Magistrate".
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Endnotes
[1]
Reg. 4: S.R. No. 40/2009. Reprint No. 1 as at 18 August 2015.
Reprinted to S.R. No. 95/2015. Subsequently amended by S.R. Nos 140/2015 and 79/2016.
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