Corrections Amendment Regulations 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Corrections Amendment Regulations 2016 S.R. No. 79/2016 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 2 4 Principal Regulations 2 5 Control of letters and parcels 2 6 New regulation 17A inserted 2 7 Reference to Secretary to the Department of Justice and Regulation 3 8 References to secretary of the Board 4 9 References to the Department of Justice 4 10 New regulations 81A to 81C inserted 4 11 References to Christian names 5 12 Schedule 10 amended 5 13 New Schedule 11 inserted 5 ═══════════════ Endnotes 11 -- 1 of 12 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 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 1 Objective 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. 2 Authorising provision These Regulations are made under section 112 of the Corrections Act 1986. -- 2 of 12 -- Corrections Amendment Regulations 2016 S.R. No. 79/2016 2 Authorised by the Chief Parliamentary Counsel 3 Commencement These Regulations come into operation on 1 July 2016. 4 Principal Regulations In these Regulations, the Corrections Regulations 20091 are called the Principal Regulations. 5 Control 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,". 6 New 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; -- 3 of 12 -- Corrections Amendment Regulations 2016 S.R. No. 79/2016 3 Authorised by the Chief Parliamentary Counsel (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).". 7 Reference to Secretary to the Department of Justice and Regulation In regulation 27(5) of the Principal Regulations, for "secretary" substitute "Secretary". -- 4 of 12 -- Corrections Amendment Regulations 2016 S.R. No. 79/2016 4 Authorised by the Chief Parliamentary Counsel 8 References 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". 9 References 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". 10 New 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. -- 5 of 12 -- Corrections Amendment Regulations 2016 S.R. No. 79/2016 5 Authorised by the Chief Parliamentary Counsel 81B Notice 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. 81C Costs 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.". 11 References to Christian names In Schedules 6 and 7 to the Principal Regulations, omit "Christian Names or". 12 Schedule 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.". 13 New 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] -- 6 of 12 -- Corrections Amendment Regulations 2016 S.R. No. 79/2016 6 Authorised by the Chief Parliamentary Counsel 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] -- 7 of 12 -- Corrections Amendment Regulations 2016 S.R. No. 79/2016 7 Authorised by the Chief Parliamentary Counsel 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— -- 8 of 12 -- Corrections Amendment Regulations 2016 S.R. No. 79/2016 8 Authorised by the Chief Parliamentary Counsel • 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] -- 9 of 12 -- Corrections Amendment Regulations 2016 S.R. No. 79/2016 9 Authorised by the Chief Parliamentary Counsel 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. -- 10 of 12 -- Corrections Amendment Regulations 2016 S.R. No. 79/2016 10 Authorised by the Chief Parliamentary Counsel 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]". ═══════════════ -- 11 of 12 -- Endnotes Corrections Amendment Regulations 2016 S.R. No. 79/2016 11 Authorised by the Chief Parliamentary Counsel 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. -- 12 of 12 --