Corrections Amendment Regulations 2009

i Corrections Amendment Regulations 2009 S.R. No. 135/2009 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 2 3 Sentence management panels 2 4 Review and assessment committees 2 5 Determination of classification 2 6 Determination of placement 2 7 Approved escort officers 3 8 Searches 3 9 Prescribed forms in relation to prisoner compensation quarantine funds 3 PART 9A—PRISONER COMPENSATION QUARANTINE FUNDS 3 95A Notification of claim 3 95B Notification of determination of claim 3 10 New Schedules 8 and 9 inserted 4 SCHEDULE 8—Notification to the Secretary of Legal Proceedings Against a Prisoner in Respect of a Criminal Act by the Prisoner 4 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 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 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 1 Objective 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. -- 2 of 7 -- S.R. No. 135/2009 Corrections Amendment Regulations 2009 2 2 Authorising provision These Regulations are made under section 112 of the Corrections Act 1986. 3 Sentence 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.". 4 Review 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". 5 Determination 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". 6 Determination of placement In regulation 26 of the Corrections Regulations 2009, for "a sentence management panel" substitute "a sentence management panel or the Secretary". r. 2 -- 3 of 7 -- S.R. No. 135/2009 Corrections Amendment Regulations 2009 3 7 Approved 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;". 8 Searches In regulation 92(2) of the Corrections Regulations 2009, for "escort officer approved by the Secretary" substitute "approved escort officer". 9 Prescribed forms in relation to prisoner compensation quarantine funds After Part 9 of the Corrections Regulations 2009 insert— "PART 9A—PRISONER COMPENSATION QUARANTINE FUNDS 95A Notification of claim For the purposes of section 104ZE(1) of the Act, the form in Schedule 8 is prescribed. 95B Notification of determination of claim For the purposes of section 104ZE(2) of the Act, the form in Schedule 9 is prescribed. __________________". r. 7 -- 4 of 7 -- S.R. No. 135/2009 Corrections Amendment Regulations 2009 4 10 New 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: __________________ r. 10 -- 5 of 7 -- S.R. No. 135/2009 Corrections Amendment Regulations 2009 5 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:". ═══════════════ r. 10 r. 10 -- 6 of 7 -- S.R. No. 135/2009 Corrections Amendment Regulations 2009 6 ENDNOTES 1 Reg. 3: S.R. No. 40/2009. Endnotes -- 7 of 7 --