Untitled document
Corrections Amendment Act 2013
No. 10 of 2013
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
Part 2—Corrections Act 1986
3Principal Act
4Definitions
5Persons not regarded to be in the Secretary's legal custody
6When is a person in the legal custody of the Chief Commissioner of Police?
7When does legal custody of the Chief Commissioner cease?
8Building work
9Secretary may authorize medical practitioner to act as principal medical officer or medical officer
10Duties relating to security and welfare
11Repeal of section 30
12Victim may be given certain copies of orders and information about a prisoner
13Definitions
14Section 35 substituted
35Appointment of independent prison visitors
15Repeal of section 36
16Search
17Prisoners rights
18Certain confidential letters may be inspected
19New section 47M inserted
47MInformation-sharing between the Secretary and the Victorian Registrar
20New Division 2B inserted in Part 8
Division 2B—Police custody transfer orders
56BApplication for police custody transfer order
56CApplication to be determined on the papers and information to be in custody of the Court
56DCourt may make police custody transfer order
56EInformation to be provided on return of person to legal custody of Secretary
56FRevocation of police custody transfer order
21Corrections administration permit
22Establishment of Board
23Terms of office
24Divisions
25Detention and Supervision Order division
26Chairperson
27Reports
28Persons on parole deemed still under sentence
29Cancellation of parole
30Powers and duties of officers
31Repeal of section 91
32New section 99A inserted
99AOffenders may be tested to assess whether under the influence of alcohol or any drug
33Search
34Seizure
35New Part 9E inserted
Part 9E—Disclosure of Information
104ZXDefinitions
104ZYAuthorisation to use or disclose information
104ZZAuthorisation to disclose information given to Adult Parole Board
104ZZAOffence to use or disclose personal or confidential information unless authorised
36Regulations
37New section 121 inserted
121Transitional provision—Corrections Amendment Act 2013
Part 3—Parole Orders (Transfer) Act 1983
38Principal Act
39Part 1 heading inserted
40Definitions
41Part 2 heading inserted
42Requests for registration of transferred parole orders
43Documents to accompany requests
44Matters to which Minister to have regard
7Matters to which Minister to have regard
45Registration
46Effect of registration
47Effect of transfer of parole order
48Part 3 heading inserted
49New section 11A inserted
11AUse of documents and information
Part 4—General
50Repeal of amending Act
═══════════════
Endnotes
Corrections Amendment Act 2013
No. 10 of 2013
[Assented to 13 March 2013]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The purpose of this Act is to make miscellaneous amendments to—
(a)the Corrections Act 1986; and
(b)the Parole Orders (Transfer) Act 1983.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 November 2013, it comes into operation on that day.
__________________
Part 2—Corrections Act 1986
3Principal Act
In this Part, the Corrections Act1986 is called the Principal Act.
4Definitions
(1)In section 3(1) of the Principal Act insert the following definitions—
"dentist means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the dental profession as a dentist (other than as a student); and
(b)in the dentists division of that profession;
garment search means a search of any article of clothing worn by a person or in the person's possession, during which the article of clothing is touched or removed from the person's body;
pat-down search means a search of a person during which the person's clothed body is touched;
scanning search means a search of a person, or of the property of a person, using an electronic or other device, during which the person is not touched;".
(2)In section 3(1) of the Principal Act insert the following definition—
"police custody transfer order means a police custody transfer order made under section 56D;".
5Persons not regarded to be in the Secretary's legal custody
After section 6C(1)(ba) of the Principal Act insert—
"(bb)a person who is absent from prison under a police custody transfer order;".
6When is a person in the legal custody of the Chief Commissioner of Police?
(1)After section 6D(2) of the Principal Act insert—
"(2A)A person is also deemed to enter into the legal custody of the Chief Commissioner of Police when—
(a)a police custody transfer order is made in relation to the person; and
(b)a member of the police force or a person acting under lawful authority on behalf of the Chief Commissioner takes physical custody of the person in accordance with the order.".
(2)In section 6D(3) of the Principal Act, for
"(1) or (2)" substitute "(1), (2) or (2A)".7When does legal custody of the Chief Commissioner cease?
After section 6E(1)(ca) of the Principal Act insert—
"(cb)if the person is subject to a police custody transfer order, when either of the following events occurs—
(i)a person acting under lawful authority on behalf of the Secretary takes physical custody of the person; or
(ii)a person at a prison acting under lawful authority on behalf of the Secretary receives the person into the prison; or".
8Building work
(1)Section 8G(1) of the Principal Act is repealed.
(2)In section 8G(2) of the Principal Act, for "Sections 30" substitute "Sections 23, 30, 47".
9Secretary may authorize medical practitioner to act as principal medical officer or medical officer
(1)Insert the following heading to section 16 of the Principal Act—
"Secretary may authorize medical practitioner to act as principal medical officer or medical officer".
(2)For section 16(1) of the Principal Act substitute—
"(1)If there is no principal medical officer or medical officer appointed for a prison or the principal medical officer or medical officer for the prison is absent, the Secretary may by instrument authorize a registered medical practitioner to act as principal medical officer or medical officer (as the case may be) for that prison while the relevant position is vacant or until the return of the relevant officer.".
(3)For section 16(4) of the Principal Act substitute—
"(4)This Act applies to a person authorized to act as principal medical officer or as medical officer as if the person were a principal medical officer or medical officer (as the case may be).".
10Duties relating to security and welfare
(1)After section 20(5) of the Principal Act insert—
"(5A)An officer, when required by the Secretary, must provide oral or written information to the Secretary in relation to the security and good order of a prison or the safe custody and welfare of prisoners.".
(2)For section 20(6)(b) of the Principal Act substitute—
"(b)subsections (4), (5) and (5A) apply as if they referred to returns, reports, records and oral or written information concerning prison security only.".
11Repeal of section 30
Section 30 of the Principal Act is repealed.
12Victim may be given certain copies of orders and information about a prisoner
(1)In the heading to section 30A of the Principal Act, after "certain" insert "copies of orders and".
(2)After section 30A(2AA)(b)(ii) of the Principal Act insert—
"(iii)a copy of the order;".
(3)In section 30A(2AA)(ba) of the Principal Act, for "made" substitute "made, varied".
(4)After section 30A(2AA)(ba)(ii) of the Principal Act insert—
"(iii)a copy of the order;".
(5)In section 30A(2AC)(a) of the Principal Act, for "section 183" substitute "section 184".
(6)In section 30A(2AC)(b) of the Principal Act, for "188" substitute "186".
13Definitions
In section 33 of the Principal Act—
(a)the definition of official visitor is repealed;
(b)insert the following definition—
"independent prison visitor means an independent prison visitor appointed under this Division;";
(c)in the definition of visitor, in paragraph (e), for "official" substitute "independent prison".
14Section 35 substituted
For section 35 of the Principal Act substitute—
35Appointment of independent prison visitor"s
(1)The Minister may appoint independent prison visitors for each prison.
(2)The terms and conditions of appointment of an independent prison visitor are those stated in the instrument of appointment.".
15Repeal of section 36
Section 36 of the Principal Act is repealed.
16Search
In section 45(8) of the Principal Act, for "from the general post office at the corner" substitute
"of the intersection".
17Prisoners rights
(1)In section 47(1)(f) of the Principal Act, for "practitioner" substitute "practitioner, dentist,".
(2)In section 47(1)(j) of the Principal Act, for "official" substitute "independent prison".
(3)In section 47(1)(m)(i) of the Principal Act, for "official" substitute "independent prison".
18Certain confidential letters may be inspected
In section 47B(4) of the Principal Act, for "official" substitute "independent prison".
19New section 47M inserted
In Part 6 of the Principal Act, after section 47L insert—
47MInformation-sharing between the Secretary and the Victorian Registrar"
(1)Despite any other law to the contrary, the Secretary must notify the Victorian Registrar of the following details in relation to each prisoner—
(a)the prisoner's name (including any other name by which he or she is or has previously been known);
(b)the prisoner's date of birth;
(c)the prisoner's residential address immediately before being taken into custody.
(2)If the Secretary has given notification under subsection (1) in respect of a prisoner, the Secretary must notify the Victorian Registrar as soon as practicable of that prisoner's release, whether on parole or at the end of his or her sentence.".
20New Division 2B inserted in Part 8
After Division 2A in Part 8 of the Principal Act insert—
Division 2B—Police custody transfer orders"
56BApplication for police custody transfer order
(1)A member of the police force of or above the rank of Assistant Commissioner of Police may apply to the Supreme Court for a police custody transfer order in relation to a prisoner if he or she believes on reasonable grounds that the prisoner will voluntarily provide information to a member of the police force provided that any interview between the prisoner and a member of the police force occurs outside a prison.
(2)An application must not be made under subsection (1) for a purpose relating to the investigation of an offence that the prisoner committed or is reasonably suspected of having committed unless the prisoner has been convicted or found guilty of that offence.
(3)An application under subsection (1) must not be made in relation to a prisoner in circumstances in which the prisoner may be removed from prison by or under this Act and delivered in to the custody of another person.
(4)An application under subsection (1) must—
(a)be in writing; and
(b)state the grounds on which the application is made; and
(c)include the following documents—
(i)the prisoner's written consent to the making of the proposed order; and
(ii)an assessment made by a member of the police force as to the risks, (if the order is made) to the security and good order of the prison in which the prisoner is detained and to the safety and welfare of the prisoner or any other person before the making of the order, while the order is in force and after the order ceases to be in force; and
(iii)an assessment made by the Secretary (taking into account the assessment referred to in subparagraph (ii)) as to the risks (if the order is made) to the security and good order of the prison in which the prisoner is detained and to the safety and welfare of the prisoner or any other person before the making of the order, while the order is in force and after the order ceases to be in force; and
(iv)a statement made by the Secretary as to the conditions (if any) the Secretary seeks to be imposed on the order.
(5)An applicant for a police custody transfer order must serve a copy of the application on the Secretary.
(6)An application under subsection (1) is not to be heard in open court.
56CApplication to be determined on the papers and information to be in custody of the Court
(1)The Supreme Court, after considering an application made under section 56B, is to determine the matter on the papers.
(2)A person is not entitled to search any document in the custody of the Supreme Court that forms part of an application made under section 56B or an order made under section 56D unless the Court otherwise orders in the interests of justice.
56DCourt may make police custody transfer order
(1)The Supreme Court may make a police custody transfer order in relation to a prisoner if the Court is satisfied—
(a)as to the grounds on which the application for the order was made; and
(b)that adequate consideration has been given to the security and good order of the prison and the safety and welfare of the prisoner and other persons.
(2)A police custody transfer order authorises the prisoner to whom it applies to be absent from a prison for the period or periods (not exceeding a total of 3 days) specified in the order.
(3)A police custody transfer order must not authorise a prisoner to be absent from a prison overnight unless the Supreme Court is satisfied that exceptional circumstances exist.
(4)A police custody transfer order is subject to any conditions that the Supreme Court considers appropriate.
56EInformation to be provided on return of person to legal custody of Secretary
The Chief Commissioner of Police must ensure that, on the return of a prisoner subject to a police custody transfer order to the legal custody of the Secretary, the Secretary is informed in writing as to any change to the risks to—
(a)the security and good order of the prison in which the prisoner is detained while the order is in force and after the order ceases to be force;
(b)the safety and welfare of the prisoner or any other person while the order is in force and after the order ceases to be in force.
56FRevocation of police custody transfer order
(1)The Secretary or a member of the police force of or above the rank of Assistant Commissioner of Police may apply to the Supreme Court at any time for the revocation of a police custody transfer order.
(2)On an application under subsection (1), the Supreme Court may revoke the police custody transfer order if it considers it reasonable in the circumstances to do so.".
21Corrections administration permit
(1)In section 57A(1) of the Principal Act, for "The" substitute "Subject to subsection (1A), the".
(2)After section 57A(1) of the Principal Act insert—
"(1A)The Secretary must not issue a corrections administration permit to a prisoner under subsection (1) in circumstances in which the prisoner may be removed from prison in accordance with a police custody transfer order.".
22Establishment of Board
(1)After section 61(2)(a) of the Principal Act insert—
"(ab)such number of Associate Judges of the Supreme Court as are appointed by the Governor in Council on the recommendation of the Chief Justice of the Supreme Court; and".
(2)For section 61(2)(e) of the Principal Act substitute—
"(e)one or more persons appointed by the Governor in Council as part-time members; and".
23Terms of office
(1)After section 63(6) of the Principal Act insert—
"(6AA)If a member who is an Associate Judge of the Supreme Court ceases to be an Associate Judge, the member ceases to hold office as a member.".
(2)After section 63(8) of the Principal Act insert—
"(8A)The appointment as a member of the Board of an Associate Judge of the Supreme Court does not affect the tenure of office, rank, status or the remuneration rights or privileges of the Associate Judge as the holder of office as an Associate Judge, and for all purposes, service as a member of the Board by an Associate Judge is to be regarded as service as an Associate Judge.".
(3)In section 63(9) of the Principal Act, for "County Court" substitute "County Court, an Associate Judge of the Supreme Court".
(4)In section 63(10) of the Principal Act, for "County Court" substitute "County Court, an Associate Judge of the Supreme Court".
24Divisions
In section 64(2) of the Principal Act, after "retired Judge," (where twice occurring) insert "Associate Judge,".
25Detention and Supervision Order division
In section 64A(5) of the Principal Act, after "retired Judge," insert "Associate Judge,".
26Chairperson
In section 65 of the Principal Act, after
"section 61(2)(a)," insert "(ab),".27Reports
In section 72(1) of the Principal Act, after paragraph (b) insert—
"(ba)the purposes of parole and the general principles and factors taken into account by the Board when making decisions in relation to parole; and
(bb)the number of requests made for a review of a Board decision relating to parole; and
(bc)the number of rejections of a request made for a review of a Board decision relating to parole and the reason for each rejection; and
(bca)the number of requests made for a review of a Board decision relating to parole that are accepted and the outcome of each review completed; and".
28Persons on parole deemed still under sentence
In section 76 of the Principal Act omit "for more than three months".
29Cancellation of parole
(1)In section 77(5) of the Principal Act omit "for more than 3 months".
(2)After section 77(5) of the Principal Act insert—
"(5A)For the purposes of subsection (5), an offence is taken to have been committed during the parole period if—
(a)the offence is committed between 2 dates, one of which is within the parole period; or
(b)the parole period is between the 2 dates referred to in paragraph (a).".
30Powers and duties of officers
(1)After section 90(2) of the Principal Act insert—
"(2A)An officer, when required by the Secretary, must provide oral or written information to the Secretary in relation to the management, security or good order of a location or the safety and welfare of offenders at a location.".
(2)For section 90(4)(a) of the Principal Act substitute—
"(a)subsections (1), (2) and (2A) apply as if they referred to reports, returns, records and oral or written information concerning the security of locations only; and".
31Repeal of section 91
Section 91 of the Principal Act is repealed.
32New section 99A inserted
After section 99 of the Principal Act insert—
99AOffenders may be tested to assess whether under the influence of alcohol or any drug"
(1)Subject to subsection (2), if the Secretary considers it necessary to do so for the management, good order or security of a location or for the safety and welfare of offenders at a location or in order for an offender to perform unpaid community work at a location, the Secretary may at any time direct an offender to submit to tests to assess whether the offender is under the influence of—
(a)alcohol; or
(b)any drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981; or
(c)any Schedule 8 poison or Schedule 9 poison within the meaning of the Drugs, Poisons and Controlled Substances Act 1981.
(2)The Secretary may give a direction under subsection (1) only if the Secretary believes on reasonable grounds that the offender is under the influence of alcohol, a drug of dependence, a Schedule 8 poison or a Schedule 9 poison.
(3)Tests under subsection (1)—
(a)must be of a kind approved by the Secretary; and
(b)may include the taking of samples of urine.
(4)For the purposes of this section, location means—
(a)a community corrections centre; or
(b)a place which an offender is, by a correctional order or Part 9, required to attend for educational recreation or for any other purpose.".
33Search
(1)After section 100(1) of the Principal Act insert—
"(1A)A Regional Manager may, at any time, order a community corrections officer to search and examine an offender at a place that the offender, by a correctional order or Part 9, is required to attend for educational recreation or for any other purpose, if the Regional Manager believes that the search is necessary for the security or good order of the place or the offenders at the place.
(1B)Before a Regional Manager orders a community corrections officer to search a person, the Regional Manager or the officer about to conduct the search must—
(a)inform the person of the authority of the Regional Manager to order the search; and
(b)inform the person of the reason for the search in that particular case; and
(c)ask the person whether he or she has in his or her possession any article or substance which may jeopardise the good order or security of the community corrections centre or the place referred to in subsection (1A); and
(d)ask the person to produce any article referred to in paragraph (c); and
(e)provide the person with an opportunity to respond to the requests made under paragraphs (c) and (d); and
(f)record the person's responses to the requests referred to in paragraphs (c) and (d).
(1C)The Regional Manager must ensure, to the extent practicable, that a search under this section is conducted—
(a)in a private place or area that provides reasonable privacy for the person being searched; and
(b)in the presence of a witness; and
(c)as expeditiously as possible to minimise the impact on the person's dignity and self-respect; and
(d)by a person of the same sex as the person being searched.
(1D)A Regional Manager must establish and maintain a register of searches conducted under this section.".
(2)After section 100(6) of the Principal Act insert—
"(7)In this section, search means any or all of the following—
(a)a garment search;
(b)a pat-down search;
(c)a scanning search.".
34Seizure
In section 101(1) of the Principal Act—
(a)after "community corrections centre" (where first occurring) insert "or in a place referred to in section 100(1A)";
(b)for "or the safety of persons in it" substitute "or that place or the safety of persons in the centre or that place".
35New Part 9E inserted
After Part 9D of the Principal Act insert—
Part 9E—Disclosure of Information"
104ZXDefinitions
In this Part—
Corrections legislation means any of the following—
(a)this Act;
(b)the Community Based Sentences (Transfer) Act 2012;
(c)the Parole Orders (Transfer) Act 1983;
(d)the Prisoners (Interstate Transfer) Act 1983;
(e)the Serious Sex Offenders (Detention and Supervision) Act 2009;
(f)the regulations made under any Act referred to in paragraph (a), (b), (c), (d) or (e);
information includes photographs, fingerprints, samples and results of tests;
official duties includes the following—
(a)the administration of Corrections legislation;
(b)the provision of reports to the Minister in accordance with this Act;
(c)the provision of training, education or health-related services to a prisoner or offender;
(d)law enforcement, including—
(i)the detection, investigation or prosecution or prevention of contraventions of the law; and
(ii)the enforcement of laws relating to the confiscation of the proceeds of crime;
(e)preparation for, conduct of or participation in, proceedings in any court or tribunal;
(f)the administration of an order made by the Secretary under section 16, 16A or 17 of the Mental Health Act 1986;
(g)the administration or enforcement of an order of a court or tribunal;
personal or confidential information includes the following—
(a)information relating to the personal affairs of a person who is or has been an offender or a prisoner;
(b)information relating to the classification of a prisoner under this Act;
(c)information—
(i)that identifies any person or discloses his or her address or location; or
(ii)from which any person's identity, address or location can reasonably be determined;
(d)information given to the Adult Parole Board that is not disclosed in a decision of the Board or in any reasons given by the Board for a decision of the Board;
(e)information contained in a report given to a court that is not disclosed in a decision of the court or in any reasons given by the court for a decision of the court;
(f)information of a business, commercial or financial nature relating to—
(i)the provision of correctional services; or
(ii)an agreement entered into under section 8B(1) or 9(1) or a sub-contract agreement under that agreement;
(g)information concerning the investigation of a contravention or possible contravention of the law by—
(i)an offender; or
(ii)a prisoner; or
(iii)an officer within the meaning of Part 5 or Part 9; or
(iv)a person authorised under section 9A to exercise a function or power; or
(v)a person working with, or in contact with, offenders or prisoners; or
(vi)a person engaged in the administration of this Act;
(h)information concerning procedures or plans to be adopted or followed in a prison in the event of an emergency;
(i)information concerning the management of prisons;
(j)information concerning—
(i)security systems and security measures in, or in relation to, a prison; or
(ii)security measures taken to protect the community from offenders;
(k)information given to an independent prison visitor as an independent prison visitor;
relevant person means—
(a)an officer within the meaning of Part 5 or Part 9;
(b)a member of the Adult Parole Board;
(c)an independent prison visitor;
(d)an employee of the Department of Justice;
(e)a person who provides services or advice to the Department of Justice whether paid or unpaid;
(f)a contractor or subcontractor or an employee of a contractor or subcontractor.
104ZYAuthorisation to use or disclose information
(1)A relevant person may use or disclose personal or confidential information if the use or disclosure is reasonably necessary for the performance of the relevant person's official duties.
(2)A relevant person may also use or disclose personal or confidential information in the following circumstances—
(a)if the use or disclosure is reasonably necessary to lessen or prevent a serious and imminent threat to a person's life, health, safety or welfare or to public health;
(b)with the authorisation, or at the request, of the person to whom the information relates;
(c)if the use or disclosure is authorised by the Minister;
(d)if the disclosure is to the Ombudsman or the Ombudsman's officers;
(e)if the information is disclosed to a person included on the victims register for the purpose of making a victim submission;
(f)if the information is the current location of a prisoner and the disclosure is to the prisoner's lawyer;
(g)if the use or disclosure is in accordance with the Health Records Act 2001;
(h)if the disclosure is to the Department of Human Services and the information is reasonably necessary to ensure the proper care, or housing, of a person who is or is likely to be provided with services by or on behalf of that Department;
(i)if the disclosure is to the Department of Health and the information is reasonably necessary to ensure the proper care or treatment of a person who is or is likely to be provided with services by or on behalf of that Department;
(j)if the disclosure is to the Australian Electoral Commission and the information is reasonably necessary to establish a prisoner's entitlement to vote in accordance with the Commonwealth Electoral Act 1918;
(k)if the disclosure is to the Commonwealth Department of Immigration and Citizenship and the information is reasonably necessary for the purpose of determining the eligibility of a prisoner to remain in Australia in accordance with the Migration Act 1958 of the Commonwealth;
(l)if the disclosure is to the Commonwealth Department of Human Services and the information is reasonably necessary for the purpose of determining the eligibility of a prisoner or former prisoner to receive Commonwealth payments or allowances;
(m)if the use or disclosure is to an Australian lawyer for the purpose of obtaining legal advice or representation in relation to the administration or operation of Corrections legislation;
(n)if the information is already in the public domain;
(o)if the use or disclosure is specifically authorised or required by or under this Act or any other Act.
(3)This section does not apply to personal or confidential information referred to in section 104ZZ.
104ZZAuthorisation to disclose information given to Adult Parole Board
A relevant person may use or disclose information given to the Adult Parole Board that is not disclosed in a decision of the Board or in any reasons given by the Board for a decision of the Board if the use or disclosure is reasonably necessary—
(a)for the administration of Corrections legislation; or
(b)for the preparation for, conduct of or participation in criminal proceedings in any court or proceedings before a tribunal; or
(c)to lessen or prevent a serious and imminent threat to a person's life or safety.
104ZZAOffence to use or disclose personal or confidential information unless authorised
A person who is or has been a relevant person must not use or disclose personal or confidential information unless that use or disclosure is authorised under section 104ZY or 104ZZ.
Penalty:120 penalty units.
__________________".
36Regulations
(1)In section 112(1)(i) of the Principal Act, after "investment of those retained moneys" (where last occurring) insert "and providing that the Secretary may approve the expenditure of that interest or other proceeds from the investment of those retained moneys for purposes related to assisting victims (within the meaning of paragraph (a), (b) or (c) of the definition of victim in section 30A(1)) or their family members (as defined in section 30A(1))".
(2)After section 112(1)(me) of the Principal Act insert—
"(mf)police custody transfer orders;".
37New section 121 inserted
After section 120 of the Principal Act insert—
121Transitional provision—Corrections Amendment Act 201"3
(1)On and from the commencement of section 14 of the Corrections Amendment Act 2013, a person who is an official visitor immediately before that commencement is taken to be an independent prison visitor appointed under Division 2 of Part 6 of this Act for a period corresponding with the remaining period of that person's appointment as an official visitor.
(2)Any reference to an official visitor in any subordinate instrument, instrument of appointment or other document as far as it relates to any period after the commencement of section 14 of the Corrections Amendment Act 2013 is to be construed as a reference to an independent prison visitor.".
__________________
Part 3—Parole Orders (Transfer) Act 1983
38Principal Act
In this Part, the Parole Orders (Transfer) Act 1983 is called the Principal Act.
39Part 1 heading inserted
Before section 1 of the Principal Act insert—
Part 1—Preliminary"".
40Definitions
(1)In section 3 of the Principal Act, in the definition of designated authority, for "or body with" substitute "(other than a body corporate) having".
(2)In section 3 of the Principal Act, in the definition of parole order—
(a)in paragraph (b), after "time to time;" insert "and";
(b)after paragraph (b) insert—
"(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;".
41Part 2 heading inserted
After section 4 of the Principal Act insert—
"__________________
Part 2—Registration of Parole Orders".
42Requests for registration of transferred parole orders
(1)In section 5(1) of the Principal Act, for "that was in force at the time of the request" substitute "made".
(2)In section 5(2) of the Principal Act, for "that is in force" substitute "made".
(3)After section 5(2) of the Principal Act insert—
"(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.".
43Documents to accompany requests
(1)In section 6(2) of the Principal Act, for "a person purporting to be the person in whose custody the original is entrusted" substitute "the Registrar".
(2)After section 6(2) of the Principal Act insert—
"(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.".
44Matters to which Minister to have regard
For section 7 of the Principal Act substitute—
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.".
45Registration
After section 8(1) of the Principal Act insert—
"(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.".
46Effect of registration
(1)After section 9(2) of the Principal Act insert—
"(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.".
(2)For section 9(3) of the Principal Act substitute—
"(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.".
(3)Section 9(4) of the Principal Act is repealed.
47Effect of transfer of parole order
(1)In section 10(1)(c) of the Principal Act, for "this State." substitute "this State; and".
(2)After section 10(1)(c) of the Principal Act insert—
"(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.".
(3)In section 10(2)(b) of the Principal Act, for "the registration under the corresponding law" substitute "its first registration under a corresponding law".
48Part 3 heading inserted
After section 10 of the Principal Act insert—
"__________________
Part 3—General".
49New section 11A inserted
After section 11 of the Principal Act insert—
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.".
__________________
Part 4—General
50Repeal of amending Act
This Act is repealed on 1 November 2014.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
═══════════════
Endnotes
Minister's second reading speech—
Legislative Assembly: 13 December 2012
Legislative Council: 7 February 2013
The long title for the Bill for this Act was "A Bill for an Act to make miscellaneous amendments to the Corrections Act 1986 and the Parole Orders (Transfer) Act 1983 and for other purposes."
0
0
0