Untitled document

Corrections Amendment Regulations 2009

S.R. No. 135/2009

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Sentence management panels

4Review and assessment committees

5Determination of classification

6Determination of placement

7Approved escort officers

8Searches

9Prescribed forms in relation to prisoner compensation
quarantine funds

PART 9A—PRISONER COMPENSATION
QUARANTINE FUNDS

95ANotification of claim

95BNotification of determination of claim

10New Schedules 8 and 9 inserted

SCHEDULE 8—Notification to the Secretary of Legal Proceedings Against a Prisoner in Respect
of a Criminal Act by the Prisoner

SCHEDULE 9—Notification to the Secretary of the Final Determination of Legal Proceedings Against
a Prisoner in Respect of a Criminal Act by
the Prisoner

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ENDNOTES

STATUTORY RULES 2009

S.R. No. 135/2009

Corrections Act 1986

Corrections Amendment Regulations 2009

The Governor in Council makes the following Regulations:

Dated: 4 November 2009

Responsible Minister:

BOB CAMERON
Minister for Corrections

TOBY HALLIGAN

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Corrections Regulations 2009 to—

(a)restore power to the Secretary, in line with the Corrections Regulations 1998, to determine the classification of a prisoner or vary a sentence management panel's classification of a prisoner; and

(b)include a definition of approved escort officer in relation to searches of community corrections centres and locations, or persons at community corrections centres and locations; and

(c)prescribe forms for the purpose of facilitating notice to the Secretary that a victim has made a legal claim against a prisoner and that proceedings against a prisoner have been finalised.

2Authorising provision

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

3Sentence management panels

After regulation 23(4) of the Corrections Regulations 2009[1] insert—

"(5)The Secretary may at any time—

(a)carry out the functions of a sentence management panel referred to in subregulation (1); or

(b)vary any decision made by a sentence management panel in relation to a prisoner's classification.".

4Review and assessment committees

In regulation 24(6) of the Corrections Regulations 2009, for "A sentence management panel" substitute "The Secretary or a sentence management panel".

5Determination of classification

In regulation 25 of the Corrections Regulations 2009, for "a sentence management panel or a review and assessment committee" substitute

"a sentence management panel, a review and assessment committee, or the Secretary".

6Determination of placement

In regulation 26 of the Corrections Regulations 2009, for "a sentence management panel" substitute "a sentence management panel or the Secretary".

7Approved escort officers

In regulation 89 of the Corrections Regulations 2009, after "In this Part—" insert—

"approved escort officer means an escort officer approved by the Secretary;".

8Searches

In regulation 92(2) of the Corrections Regulations 2009, for "escort officer approved by the Secretary" substitute "approved escort officer".

9Prescribed forms in relation to prisoner compensation quarantine funds

After Part 9 of the Corrections Regulations 2009 insert—

"PART 9A—PRISONER COMPENSATION QUARANTINE FUNDS

95ANotification of claim

For the purposes of section 104ZE(1) of the Act, the form in Schedule 8 is prescribed.

95BNotification of determination of claim

For the purposes of section 104ZE(2) of the Act, the form in Schedule 9 is prescribed.

__________________".

10New Schedules 8 and 9 inserted

After Schedule 7 of the Corrections Regulations 2009 insert—

"__________________

SCHEDULE 8

Regulation 95A

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:

__________________

SCHEDULE 9

Regulation 95B

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:".

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ENDNOTES

[1] Reg. 3: S.R. No. 40/2009.