Untitled document

Corrections Amendment Regulations 2016

S.R. No. 79/2016

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Control of letters and parcels

6New regulation 17A inserted

7Reference to Secretary to the Department of Justice and Regulation

8References to secretary of the Board

9References to the Department of Justice

10New regulations 81A to 81C inserted

11References to Christian names

12Schedule 10 amended

13New Schedule 11 inserted

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Endnotes

STATUTORY RULES 2016

S.R. No. 79/2016

Corrections Act 1986

Corrections Amendment Regulations 2016

The Governor in Council makes the following Regulations:

Dated: 28 June 2016

Responsible Minister:

STEVE HERBERT
Minister for Corrections

ANDREW 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 create a prescribed scale of costs to be paid to persons required to attend at the Adult Parole Board; and

(c)to prescribe persons or bodies for the purposes of section 47(1)(m)(xv) of the Corrections Act 1986; and

(d)to make minor and technical amendments.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 July 2016.

4Principal Regulations

In these Regulations, the Corrections Regulations 2009[1] are called the Principal Regulations.

5Control of letters and parcels

In regulation 17(4) of the Principal Regulations—

(a)for "Victorian Privacy Commissioner" substitute "Commissioner for Privacy and Data Protection"; and

(b)after "the Victorian Equal Opportunity and Human Rights Commission," insert "the Victorian Legal Services Commissioner, the Freedom of Information Commissioner, the Mental Health Complaints Commissioner, any person or body listed in regulation 17A,".

6New regulation 17A inserted

After regulation 17 of the Principal Regulations insert—

"17A   Prisoners' letters—prescribed persons and bodies

For the purposes of section 47(1)(m)(xv) of the Corrections Act 1986, the following persons and bodies are prescribed—

(a)the Royal Commission into Institutional Responses to Child Sexual Abuse;

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

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

(d)any law enforcement agency within the meaning of section 67A of the Crimes Act 1958;

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

(f)the Independent Commission Against Corruption established under the Independent Commission Against Corruption Act 1988 of New South Wales;

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

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

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

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

7Reference to Secretary to the Department of Justice and Regulation

In regulation 27(5) of the Principal Regulations, for "secretary" substitute "Secretary".

8References to secretary of the Board

(1)In regulations 82(2) and (3), 83(2), 87(2), 88 and 88C(2) and (3) of the Principal Regulations, for "Secretary of the Adult Parole Board" substitute "secretary of the Adult Parole Board".

(2)In regulations 83(2), 88C(2) and 88C(3) of the Principal Regulations, for "Secretary or a member" substitute "secretary or a member".

9References to the Department of Justice

(1)In regulations 83(3) and 88C(2)(c)(i) and (3)(c)(i) of the Principal Regulations, after "Justice" insert "and Regulation".

(2)In item 13 of Form 1 of Schedule 4 to the Principal Regulations, after "Justice" insert "and Regulation".

(3)In item 13 of Form 3 of Schedule 4 to the Principal Regulations, after "Justice" insert "and Regulation".

10New regulations 81A to 81C inserted

After regulation 81 of the Principal Regulations insert—

"81A   Notice to attend the Adult Parole Board

For the purposes of section 71A(2)(a) of the Act, the prescribed form for a notice to attend is—

(a)if the person to whom the notice to attend is issued is in a prison or a police gaol, Form 1 of Schedule 11; or

(b)in any other case, Form 2 of Schedule 11.

81BNotice to produce to the Adult Parole Board

For the purposes of section 71A(2)(a) of the Act, the prescribed form of a notice to produce is Form 3 of Schedule 11.

81CCosts of attending meeting of the Board

For the purposes of section 71J(1) of the Act, the prescribed scale is the scale in Schedule 2 to the County Court Civil Procedure Rules 2008.".

11References to Christian names

In Schedules 6 and 7 to the Principal Regulations, omit "Christian Names or".

12Schedule 10 amended

In Forms 1, 2 and 3 of Schedule 10 to the Principal Regulations, after "State of Victoria" insert ", and to the Governor of Her Majesty's Melbourne Assessment Prison or any other prison in the State which is more accessible or convenient.".

13New Schedule 11 inserted

After Schedule 10 to the Principal Regulations insert—

"Schedule 11—Forms

FORM 1

Regulation 81A

NOTICE TO ATTEND ISSUED TO PERSON IN CUSTODY

TO: [insert name and title of person in charge of the place where person is held in custody e.g. the Governor of the prison or the officer in charge of the police gaol]

AT: [insert name and address of place where person is held in custody]

In accordance with section 71F of the Corrections Act 1986, I direct that [name of person held in custody] who is detained at [insert name of place where person is held in custody]*—

□be brought to a place equipped with facilities to enable the person to appear before the Adult Parole Board by audio visual link; or

□be brought before the Adult Parole Board.

*Tick one of these options

LOCATION: [insert specified place to which person held in custody is to be brought]

DATE: [insert date on which person held in custody is to be brought to the specified place] and from day to day until excused from further attendance.

TIME: [insert time when person held in custody is to be brought to the specified place]

for the purpose of [insert purpose e.g. to produce documents or to give evidence in relation to a matter before the Adult Parole Board]

and the person is to be returned to the place from which they were removed or to a police gaol each day by the direction of the Adult Parole Board.

Name: [insert name of person giving direction]

Title: [insert position of person giving direction]

Date: [insert date the direction is made]

FORM 2

Regulation 81A

NOTICE TO ATTEND THE ADULT PAROLE BOARD

TO: [insert name of person to whom notice is directed]

OF: [insert address]

The Adult Parole Board may, under section 71A of the Corrections Act 1986, serve written notice on a person for the purposes of obtaining evidence and informing itself in the performance of its functions.

What you must do

You must*—

□attend a meeting of the Adult Parole Board to produce the document/s or other thing/s specified below; or

□attend a meeting of the Adult Parole Board to give evidence from day to day until excused; or

□attend a meeting of the Adult Parole Board to give evidence from day to day until excused and produce the document/s or other thing/s specified below.

*Tick one of these options

Where and when you must *attend and/or *produce documents and/or things

[Insert details of where and when (including date and time) a person must attend, and/or insert details of where, when and how a person must produce the document/s and/or thing/s]

*Delete if not applicable.

What you must produce to the Adult Parole Board (if applicable)

[Insert description of document/s or thing/s to be produced]

Note:

You must bring this notice with you when you attend at the Adult Parole Board at the time and place specified in this notice.

Objecting to this notice

You may object to this notice under section 71B of the Corrections Act 1986 if you have (or will have) a reasonable excuse for failing to comply with this notice. For example, it is a reasonable excuse to fail to provide a document or thing if the document or thing—

·might tend to incriminate you or make you liable to a penalty; or

·is the subject of parliamentary privilege; or

·is the subject of legal professional privilege; or

·is the subject of public interest immunity; or

·is prohibited from disclosure by a court order; or

·is prohibited from disclosure by a provision of another Act that specifically applies to the giving of information or the production of documents or other things to the Adult Parole Board.

You may also object to the notice by claiming that the document/s or thing/s specified in the notice are not relevant to the subject matter of the meeting of the Adult Parole Board.

If you wish to object to this notice, you must do so in writing to [insert name and contact details] by [insert date]. Your written objection must outline your reasons for objecting and attach any relevant evidence or documents in support of your claim. If the Adult Parole Board is satisfied that your excuse for failure to comply is reasonable, the Adult Parole Board may vary or revoke this notice under section 71B of the Corrections Act 1986.

Failure or refusal to comply with this notice without reasonable excuse may constitute a criminal offence. The maximum penalty for this offence is 30 penalty units or imprisonment for 3 months. This penalty is set out in section 71H of the Corrections Act 1986.

Name: [insert name of person issuing this notice]

Title: [insert title of person issuing notice]

Date: [insert date]

FORM 3

Regulation 81B

NOTICE TO PRODUCE DOCUMENTS AND/OR THINGS TO THE ADULT PAROLE BOARD

TO: [insert name of person to whom notice is directed]

OF: [insert address]

The Adult Parole Board may, under section 71A of the Corrections Act 1986, serve written notice on a person for the purposes of obtaining evidence and informing itself in the performance of its functions.

What you must do

You must produce to the Adult Parole Board the document/s or other thing/s specified below.

Where and when you must produce documents and/or things

[Insert details of where, when and how a person must produce the document/s and/or thing/s]

What you must produce to the Adult Parole Board

[Insert description of document/s and/or thing/s to be produced]

Objecting to this notice

You may object to this notice under section 71B of the Corrections Act 1986 if you have (or will have) a reasonable excuse for failing to comply with this notice. For example, it is a reasonable excuse to fail to produce a document or thing if the document or thing—

·might tend to incriminate you or make you liable to a penalty; or

·is the subject of parliamentary privilege; or

·is the subject of legal professional privilege; or

·is the subject of public interest immunity; or

·is prohibited from disclosure by a court order; or

·is prohibited from disclosure by a provision of another Act that specifically applies to the giving of information or the production of documents or other things to the Adult Parole Board.

If you wish to object to this notice, you must do so in writing to [insert name and contact details] by [insert date]. Your written objection must outline your reasons for objecting and attach any relevant evidence or documents in support of your claim. If the Adult Parole Board is satisfied that your excuse for failure to comply is reasonable, the Adult Parole Board may vary or revoke this notice under section 71B of the Corrections Act 1986.

Failure or refusal to comply with this notice without reasonable excuse may constitute a criminal offence. The maximum penalty for this offence is 30 penalty units or imprisonment for 3 months. This penalty is set out in section 71H of the Corrections Act 1986.

Name: [insert name of person issuing this notice]

Title: [insert title of person issuing notice]

Date: [insert date]".

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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. No. 140/2015.