Justice Legislation Amendment (Serious Offenders and Other Matters) Act 2019
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Justice Legislation Amendment (Serious Offenders
and Other Matters) Act 2019
No. 45 of 2019
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 3
Part 2—Amendment of the Serious Offenders Act 2018 4
3 Definitions 4
4 Content of supervision order 4
5 Application for declaration that condition is a restrictive
condition 4
6 Temporary conditions 5
7 Section 49 substituted 5
8 Amendment of section heading 6
9 Application for review of intensive treatment and supervision
condition 6
10 Emergency power of direction 6
11 Warning to offender—Part 12 6
12 Warning to offender—Part 14 6
13 Non-publication order 7
14 Sharing of information 7
15 New section 289A inserted 9
16 Review of coordinated services plans 10
17 Schedule 1 amended 10
18 Statute law revision and minor technical amendments 11
Part 3—Amendment of the Corrections Act 1986 15
19 Definitions 15
20 New section 6EA inserted 17
21 Prisoners' rights 17
22 Heading to Division 4A of Part 6 amended 17
23 Suspected dangerous letters may be disposed of 18
24 Certain confidential letters may be inspected 18
25 All other letters may be opened and read 18
26 When letters may be stopped and censored 18
27 Offence for prisoner to send distressing or traumatic letters 19
28 New section 47DB inserted 20
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29 Letter register 20
30 Emergency management days 21
31 Membership of Adult Parole Board 21
32 Chairperson and deputy chairpersons 22
33 Deputy members 22
34 Terms of office 23
35 Divisions of Adult Parole Board 23
36 Chairing of meetings 24
37 Release on parole after service of non-parole period 24
38 Application—prisoner compensation quarantine funds 24
39 Disclosure of information—definitions 25
40 Authorisation to use or disclose information 25
41 Authorisation to disclose information given to Adult Parole
Board 26
42 New section 104ZZB inserted 27
43 New section 131 inserted 28
44 Schedule 3 amended 29
45 Schedule 5 amended 29
46 Statute law revision amendments 30
Part 4—Amendment of other Acts 32
47 Children, Youth and Families Act 2005 32
48 Commercial Passenger Vehicle Industry Act 2017 32
49 Drugs, Poisons and Controlled Substances Act 1981 33
50 Sentencing Act 1991—statute law revision amendments 33
Part 5—Repeal of this Act 34
51 Repeal of this Act 34
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Endnotes 35
1 General information 35
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Justice Legislation Amendment (Serious
Offenders and Other Matters) Act 2019†
No. 45 of 2019
[Assented to 19 November 2019]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to amend the Serious Offenders Act 2018—
(i) to clarify certain procedural provisions;
and
(ii) to amend the list of serious sex offences
in Schedule 1 to that Act; and
Victoria
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Part 1—Preliminary
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Act 2019
No. 45 of 2019
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(iii) to enable research using de-identified
data relating to current and former
offenders and the publication of that
research; and
(iv) to align information sharing provisions
with those in the Corrections Act 1986
for the management of offenders
administered under both Acts; and
(b) to amend the Corrections Act 1986—
(i) to clarify the procedure with respect to
letters, parcels and other
correspondence with prisoners; and
(ii) to amend the application of emergency
management days; and
(iii) on request, to permit prisoners who are
granted bail or parole or released to
stay in prison until the next working
day; and
(iv) to enable victims of crime to access
money awarded as compensation to a
prisoner while on remand; and
(v) to amend the list of serious violent
offences; and
(vi) to enable research using de-identified
data relating to current and former
prisoners and the publication of that
research; and
(vii) to align information sharing provisions
with those in the Serious Offenders
Act 2018 for the management of
offenders administered under both
Acts; and
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Part 1—Preliminary
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(viii) to permit information sharing with the
Commission for Children and Young
People in relation to child offenders
who are serving a sentence in a prison;
and
(ix) to permit certain information sharing
with the Department of Premier and
Cabinet; and
(x) to amend provisions relating to
membership of the Adult Parole Board;
and
(xi) to make minor technical amendments;
and
(c) to make miscellaneous amendments to other
Acts.
2 Commencement
(1) This Act (except sections 19(1), 21, 22, 23, 24, 25,
26, 27, 28 and 29) comes into operation on the
day after the day on which this Act receives the
Royal Assent.
(2) Subject to subsection (3), sections 19(1), 21, 22,
23, 24, 25, 26, 27, 28 and 29 come into operation
on a day or days to be proclaimed.
(3) If a provision referred to in subsection (2) does
not come into operation before 1 June 2020, it
comes into operation on that day.
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Part 2—Amendment of the Serious Offenders Act 2018
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No. 45 of 2019
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Part 2—Amendment of the Serious
Offenders Act 2018
3 Definitions
In section 3 of the Serious Offenders Act 2018—
(a) in the definition of detention order, for
"or 73" substitute ", 73, 107 or 108";
(b) in the definition of supervision order, for
"or 62" substitute ", 62 or 108".
4 Content of supervision order
In section 16(1) of the Serious Offenders
Act 2018, after "poses" insert ", or after release
from custody will pose,".
5 Application for declaration that condition is a
restrictive condition
(1) After section 40(1) of the Serious Offenders
Act 2018 insert—
"(1A) An application under subsection (1) may be
made at the same time as an application for
the making or renewal of a supervision order
or on a review of the order or a condition of
the order.".
(2) After section 40(3) of the Serious Offenders
Act 2018 insert—
"(4) Despite subsections (2) and (3), an
application under subsection (1) may be
made by oral submission at a hearing for the
making or renewal of a supervision order, or
on a review of the order or a condition of the
order.".
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6 Temporary conditions
(1) After section 42(1) of the Serious Offenders
Act 2018 insert—
"(1A) Before the end of the specified period
referred to in subsection (1), the court may
extend the temporary condition for a further
specified period not exceeding 6 months
from the day on which the temporary
condition would otherwise expire.
(1B) A temporary condition may be extended only
once.
(1C) A temporary condition, including any
extension, must not exceed 12 months in
total.".
(2) In section 42(2) of the Serious Offenders
Act 2018, after "specified period" insert "of a
temporary condition or an extended temporary
condition".
7 Section 49 substituted
For section 49 of the Serious Offenders Act 2018
substitute—
"49 Conditions of interim supervision order
Section 15 and Division 3 (other than
sections 37 and 39) and Division 4
(other than section 42) of Part 3 apply to an
interim supervision order as if—
(a) a reference to a supervision order were
a reference to an interim supervision
order; and
(b) a reference to the making of a
supervision order were a reference to
the making of an interim supervision
order; and
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(c) a reference to the renewal of a
supervision order were a reference to
the extension of an interim supervision
order.".
8 Amendment of section heading
For the heading to section 108 of the Serious
Offenders Act 2018 substitute—
"Decision on detention order—general".
9 Application for review of intensive treatment and
supervision condition
In section 113(1) of the Serious Offenders
Act 2018, for "is imposed on a supervision order"
substitute "comes into force".
10 Emergency power of direction
For section 142(3) of the Serious Offenders
Act 2018 substitute—
"(3) The Authority may exercise its emergency
power to give a direction to an offender to
reside at a residential facility only if a court
referred to in section 8(1)(a) has imposed on
the offender a custodial sentence for a
serious sex offence.".
11 Warning to offender—Part 12
In section 165 of the Serious Offenders
Act 2018, after "the offender" insert ", if
present,".
12 Warning to offender—Part 14
In section 220 of the Serious Offenders
Act 2018, after "the offender" insert ", if
present,".
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13 Non-publication order
In section 280(d) of the Serious Offenders
Act 2018, after "Act" insert ", the Serious Sex
Offenders (Detention and Supervision)
Act 2009 (as in force before its repeal) or the
Serious Sex Offenders Monitoring Act 2005
(as in force before its repeal)".
14 Sharing of information
(1) In section 284(1) of the Serious Offenders
Act 2018—
(a) in paragraph (b), for "another Act; or"
substitute "another Act.";
(b) paragraphs (c) and (d) are repealed.
(2) After section 284(1) of the Serious Offenders
Act 2018 insert—
"(1A) A relevant person may use or disclose to any
person any information obtained by the
relevant person in carrying out a function
under this Act or any other Act if—
(a) the use or disclosure is authorised by
the person to whom the information
relates; or
(b) the relevant person believes on
reasonable grounds that it is necessary
to use or disclose the information—
(i) to reduce the risk of an offender
committing a serious sex offence
or a serious violence offence or
both, or an offence referred to in
Schedule 3, or engaging in any
behaviour or conduct that
threatens the safety of any person
(including the offender); or
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(ii) to lessen or prevent a threat to the
life, health, safety or welfare of
any person.".
(3) In section 284(2) of the Serious Offenders
Act 2018, for "unless the use or disclosure is
authorised by subsection (1) or (3)" substitute
"unless—
(a) the use or disclosure is authorised by
subsection (1), (1A) or (3); or
(b) the Secretary has authorised under
section 289A the use or disclosure of
the information in a de-identified form
for the purpose of research; or
(c) the Secretary has approved under
section 289A the publication of
research based on the information that
is used or disclosed in a de-identified
form.".
(4) In section 284(3)(c)(i) of the Serious Offenders
Act 2018, after "Schedule 3" insert "or engaging
in any behaviour or conduct that threatens the
safety of any person (including the offender)".
(5) In section 284(6) of the Serious Offenders
Act 2018—
(a) in the definition of relevant Act, in
paragraph (t), for "Commonwealth;"
substitute "Commonwealth; or";
(b) in the definition of relevant Act, after
paragraph (t) insert—
"(u) the Crimes (High Risk Offenders)
Act 2006 of New South Wales;";
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(c) in the definition of relevant person, after
paragraph (zha) insert—
"(zhb) the Attorney General for New South
Wales; or".
15 New section 289A inserted
After section 289 of the Serious Offenders
Act 2018 insert—
"289A Use or disclosure of information for
research purposes
(1) The Secretary, by instrument in writing—
(a) may authorise the use or disclosure of
information in a de-identified form
(in which information that may identify
the person to whom the information
relates has been removed) for the
purpose of research; and
(b) may approve publication of the
research.
(2) A person must not publish or cause to be
published any research using information
disclosed under subsection (1) unless the
publication has been approved by the
Secretary.
Penalty: 120 penalty units.
(3) A person must not publish or cause to be
published any information disclosed under
subsection (1), or any research using that
information, that enables the identification of
any person to whom the information relates.
Penalty: 120 penalty units.
(4) In this section, publish has the same
meaning as in section 276.".
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16 Review of coordinated services plans
After section 335(1) of the Serious Offenders
Act 2018 insert—
"(1A) Subsection (1) does not apply to a
coordinated services plan in respect of an
offender who is subject to a supervision
order or an interim supervision order and
who—
(a) is in a prison, a police gaol or a
designated mental health service
serving a custodial sentence of
12 months or more; and
(b) is not eligible for release from custody
within 6 months after the plan was
agreed to or last reviewed (whichever is
the later).".
17 Schedule 1 amended
(1) In Schedule 1 to the Serious Offenders Act 2018
after item 9 insert—
"9A An offence against section 48 of the Crimes
Act 1958 (sexual activity directed at another
person).".
(2) In Schedule 1 to the Serious Offenders Act 2018
after item 52 insert—
"52A An offence against section 38A of the
Crimes Act 1958 (compelling sexual
penetration) as in force immediately before
the commencement of section 4 of the
Crimes Amendment (Sexual Offences and
Other Matters) Act 2014.
52B An offence against section 39 of the Crimes
Act 1958 (indecent assault) as in force
immediately before the commencement of
section 4 of the Crimes Amendment
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(Sexual Offences and Other Matters)
Act 2014.
52C An offence against section 40 of the Crimes
Act 1958 (assault with intent to rape) as in
force immediately before the commencement
of section 4 of the Crimes Amendment
(Sexual Offences and Other Matters)
Act 2014.".
(3) In Schedule 1 to the Serious Offenders Act 2018,
in item 54, for "paragraphs (dab) to (dar)"
substitute "paragraphs (dab) to (dap) or
paragraph (dar)".
(4) In Schedule 1 to the Serious Offenders Act 2018,
after item 54 insert—
"54A Without limiting item 52, 53 or 54, an
offence referred to in paragraph (daq) of
clause 1 of Schedule 1 to the Sentencing
Act 1991.".
(5) In Schedule 1 to the Serious Offenders Act 2018,
in item 55, for "52, 53 or 54" substitute "52, 53,
54 or 54A".
18 Statute law revision and minor technical
amendments
(1) In section 3 of the Serious Offenders Act 2018—
(a) in the definition of Secretary, for
"Department of Justice and Regulation"
substitute "Department of Justice and
Community Safety";
(b) in the definition of working day, for
"Department of Justice and Regulation"
substitute "Department of Justice and
Community Safety".
(2) In section 30(2)(a) of the Serious Offenders
Act 2018, for "re offending" substitute
"re-offending".
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(3) In section 106(6) of the Serious Offenders
Act 2018, for "14" substitute "15".
(4) In section 111(4) of the Serious Offenders
Act 2018, for "14" substitute "15".
(5) In section 113(1) of the Serious Offenders
Act 2018, for "supervision and treatment"
substitute "treatment and supervision".
(6) In the heading to section 242 of the Serious
Offenders Act 2018, for "applies" substitute
"apply".
(7) In section 253 of the Serious Offenders
Act 2018, for "Department of Justice and
Regulation" (wherever occurring) substitute
"Department of Justice and Community Safety".
(8) In section 284(6) of the Serious Offenders
Act 2018, in paragraphs (d) and (e) of the
definition of relevant person, for "Department of
Justice and Regulation" substitute "Department
of Justice and Community Safety".
(9) In section 301(2) of the Serious Offenders
Act 2018, for "Department of Justice and
Regulation" substitute "Department of Justice
and Community Safety".
(10) In section 342(1)(b) of the Serious Offenders
Act 2018, for "Department of Justice and
Regulation" substitute "Department of Justice
and Community Safety".
(11) In section 345 of the Serious Offenders
Act 2018, for "Department of Justice and
Regulation" substitute "Department of Justice
and Community Safety".
(12) In section 346 of the Serious Offenders
Act 2018, for "Department of Justice and
Regulation" substitute "Department of Justice
and Community Safety".
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(13) In clause 3 of Schedule 4 to the Serious
Offenders Act 2018, for "Section" substitute
"section".
(14) In subclause 4(2) of Schedule 4 to the Serious
Offenders Act 2018 after "(5)" insert "and
clause 4A".
(15) In subclause 4(6) of Schedule 4 to the Serious
Offenders Act 2018 for "subsection" substitute
"subclause".
(16) After clause 4 of Schedule 4 to the Serious
Offenders Act 2018 insert—
"4A References to particular courts
(1) This clause applies to an offender who is
subject to an order referred to in subclause
4(1), and who was sentenced to a custodial
sentence for a serious sex offence by a court
other than the Supreme Court or the County
Court, for the purposes of—
(a) determining an application for review
or renewal of the order; or
(b) determining or dealing with matters
relating to a supervision order,
detention order, interim supervision
order or interim detention order under
this Act in respect of the offender,
whether made as a result of an
application for review or renewal of the
order, or subsequently.
(2) References in sections 14(1)(a), 34(2), 36(3),
63(1)(a), 64(1)(a) and 142(3) of this Act to a
court referred to in section 8(1)(a) that
imposed a custodial sentence in respect of
the offender are taken to be references to any
court.
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(3) Section 12 of this Act is taken to require an
application in respect of the offender under
Part 3 of this Act to be made to the County
Court, unless the context otherwise
requires.".
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Part 3—Amendment of the Corrections Act 1986
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Part 3—Amendment of the Corrections
Act 1986
19 Definitions
(1) In section 3(1) of the Corrections Act 1986—
(a) in the definition of letter omit ", and
includes any article accompanying the
document";
(b) insert the following definition—
"parcel, in relation to a prisoner, means any
item or thing (other than a letter) sent to
or from the prisoner, including any item
or thing accompanying a letter to the
prisoner;".
(2) In section 3(1) of the Corrections Act 1986, in
the definition of serious violent offence, for
paragraph (a) substitute—
"(a) murder;
(ab) manslaughter;
(ac) child homicide;
(ad) an offence against, or for which the penalty
or the maximum or minimum penalty is
fixed by, any of the following sections of the
Crimes Act 1958—
(i) section 15A (causing serious injury
intentionally in circumstances of gross
violence);
(ii) section 15B (causing serious injury
recklessly in circumstances of gross
violence);
(iii) section 16 (causing serious injury
intentionally);
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(iv) section 17 (causing serious injury
recklessly);
(v) section 20 (threats to kill);
(vi) section 21 (threats to inflict serious
injury);
(vii) section 63A (kidnapping);
(ae) an offence against, or for which the penalty
or the maximum or minimum penalty is
fixed by, any of the following provisions
(as amended) of the Crimes Act 1958
repealed on 24 March 1986 by section 8(2)
of the Crimes (Amendment) Act 1985—
(i) section 17 (intentionally causing
grievous bodily harm or shooting, etc.
with intention to do grievous bodily
harm or to resist or prevent arrest);
(ii) section 19A (inflicting grievous bodily
harm);
(iii) section 20 (attempting to choke etc. in
order to commit an indictable offence);
(iv) section 35B (making demand with
threat to kill or injure or endanger life);
(af) an offence against section 19A
(intentionally causing a very serious
disease) of the Crimes Act 1958 repealed
by section 3 of the Crimes Amendment
(Repeal of Section 19A) Act 2015;
(ag) the common law offence of kidnapping;
(ah) an offence of conspiracy to commit,
incitement to commit or attempting to
commit an offence referred to in
paragraphs (a) to (ag);
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(ai) any other offence, whether committed in
Victoria or elsewhere, the necessary
elements of which consist of elements that
constitute any of the offences referred to in
paragraphs (a) to (ah);".
(3) In section 3(1) of the Corrections Act 1986, in
the definition of serious violent offence, after
paragraph (b)(i) insert—
"(ia) section 27 (extortion with threat to kill);".
20 New section 6EA inserted
After section 6E of the Corrections Act 1986
insert—
"6EA Prisoner may request delayed release
(1) A person detained in a prison under an order
of imprisonment (other than an order
referred to in section 6(ca)) may request to
be released on the next working day after the
day on which the person would otherwise be
released.
(2) The Secretary may grant or refuse a request
made under subsection (1).
(3) A person who makes a request under
subsection (1) remains in the legal custody of
the Secretary until the person is released.".
21 Prisoners' rights
In section 47(1)(m) and (n) of the Corrections
Act 1986, after "letters" (wherever occurring)
insert "and parcels".
22 Heading to Division 4A of Part 6 amended
In the heading to Division 4A of Part 6 of the
Corrections Act 1986, after "Letters" insert
"and parcels".
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23 Suspected dangerous letters may be disposed of
(1) In the heading to section 47A of the Corrections
Act 1986, after "letters" insert "and parcels".
(2) In section 47A of the Corrections Act 1986—
(a) after "any letter" insert "or parcel";
(b) after "the letter" insert "or parcel".
24 Certain confidential letters may be inspected
(1) In the heading to section 47B of the Corrections
Act 1986, after "letters" insert "and parcels".
(2) In section 47B of the Corrections Act 1986, after
"letter" (wherever occurring) insert "or parcel".
25 All other letters may be opened and read
(1) In the heading to section 47C of the Corrections
Act 1986, after "letters" insert "and parcels".
(2) In section 47C of the Corrections Act 1986—
(a) for "A prison officer" substitute "An officer
within the meaning of Part 5";
(b) after "letter" (wherever occurring) insert
"or parcel".
26 When letters may be stopped and censored
(1) In the heading to section 47D of the Corrections
Act 1986, after "letters" insert "and parcels".
(2) In section 47D(1) of the Corrections Act 1986—
(a) after "letter" (wherever occurring) insert
"or parcel";
(b) after paragraph (ac) insert—
"(ad) in the case of a letter or parcel sent to a
prisoner by a person who the Governor
reasonably believes does not know the
prisoner, may place that person at risk
of exploitation or manipulation; or";
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(c) in paragraph (d), after "written or pictorial
matter" (where secondly occurring) insert
"or any other thing".
(3) In section 47D(2) of the Corrections Act 1986—
(a) in paragraph (a), after "letter"
(wherever occurring) insert "or parcel";
(b) in paragraph (b), for "censored." substitute
"censored; or";
(c) after paragraph (b) insert—
"(c) if the belief concerns only part of a
parcel, stop the relevant part of the
parcel from being sent or received by
the prisoner.".
(4) After section 47D(2) of the Corrections Act 1986
insert—
"(3) The Governor may, in relation to a letter to
be sent by a prisoner—
(a) notify the prisoner of the Governor's
reasonable belief concerning the letter;
and
(b) give the prisoner an opportunity to
rewrite the letter in order that the letter
is not stopped or censored under
subsection (2).".
27 Offence for prisoner to send distressing or
traumatic letters
(1) In the heading to section 47DA of the
Corrections Act 1986, after "letters" insert
"and parcels".
(2) In section 47DA of the Corrections Act 1986—
(a) after "letter" (wherever occurring) insert
"or parcel";
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(b) after "written or pictorial matter" insert
"or any other thing".
28 New section 47DB inserted
After section 47DA of the Corrections Act 1986
insert—
"47DB Governor may place parcels in storage
(1) The Governor may place in storage on behalf
of a prisoner any parcel sent to the prisoner
instead of providing it to the prisoner.
(2) If the Governor places a parcel in storage
under subsection (1), the Governor must
advise the prisoner in writing of the receipt
and storage of the parcel.
(3) A parcel placed in storage under
subsection (1) forms part of the prisoner's
property for the purposes of this Act and the
regulations.".
29 Letter register
(1) In the heading to section 47E of the Corrections
Act 1986, after "Letter" insert "and parcel".
(2) In section 47E of the Corrections Act 1986—
(a) in paragraphs (a), (ab) and (b), after "letter"
insert "and parcel";
(b) in paragraphs (c), (d) and (e), after "letter"
(wherever occurring) insert "or parcel";
(c) after paragraph (c) insert—
"(ca) details of every parcel or part of a
parcel stopped under section 47D; and
(cb) details of every parcel placed in storage
under section 47DB; and
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(cc) the reason for stopping or placing in
storage any parcel or part of a parcel
referred to in paragraph (ca) or (cb);
and".
30 Emergency management days
After section 58E(2) of the Corrections Act 1986
insert—
"(3) This section does not apply to any prisoner
(whether or not the prisoner was involved in
any way) in respect of or in relation to—
(a) any event (including any emergency or
riot) at the Metropolitan Remand
Centre, Victoria, on 30 June 2015 and
1 July 2015 and the security response to
that event; or
(b) any emergency, riot or other significant
security incident that is caused or
contributed to by that prisoner or any
other prisoner.".
31 Membership of Adult Parole Board
(1) In section 61(2)(da) of the Corrections
Act 1986—
(a) for "one or more" substitute "such number
of";
(b) before "appointed" insert "as are".
(2) After section 61(2)(da) of the Corrections
Act 1986 insert—
"(db) such number of retired Associate Judges of
the Supreme Court as are appointed by the
Governor in Council; and
(dc) one or more Australian lawyers of at least
10 years' standing appointed by the Governor
in Council; and".
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(3) In section 61(2)(e) of the Corrections Act 1986,
for "members; and" substitute "members.".
(4) Section 61(2)(f) of the Corrections Act 1986 is
repealed.
(5) After section 61(2) of the Corrections Act 1986
insert—
"(2A) A member of the Board (other than a
member referred to in subsection (2)(d)
or (e)) may be appointed on a full-time or
part-time basis.".
(6) After section 61(7) of the Corrections Act 1986
insert—
"(7A) The Adult Parole Board is the same body
after the commencement of section 31 of the
Justice Legislation Amendment
(Serious Offenders and Other Matters)
Act 2019 as it was before that
commencement despite the changes in its
membership made by that section.".
32 Chairperson and deputy chairpersons
(1) In section 61A(1) and (2) of the Corrections
Act 1986, for "section 61(2)(a), (b) or (da)
(other than a retired Magistrate)" substitute
"section 61(2)(a), (ab), (b), (c), (da), (db) or (dc)".
(2) After section 61A(1) of the Corrections Act 1986
insert—
"(1A) A chairperson of the Board may be a
full-time or part-time member.".
33 Deputy members
(1) In section 62(1) of the Corrections Act 1986, for
"section 61(2)(a), (b) or (da) (other than a retired
Magistrate)" substitute "section 61(2)(a), (ab),
(b), (c), (da), (db) or (dc)".
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(2) In section 62(2) of the Corrections Act 1986, for
"chairperson, deputy chairperson or the Secretary"
substitute "chairperson or deputy chairperson".
(3) Section 62(3) and (4) of the Corrections
Act 1986 are repealed.
(4) In section 62(5) of the Corrections Act 1986, for
"subsections (2), (3) or (4)" substitute "subsection
(2)".
34 Terms of office
Section 63(2) of the Corrections Act 1986 is
repealed.
35 Divisions of Adult Parole Board
(1) In section 64(2) of the Corrections Act 1986—
(a) after "Associate Judge," (where twice
occurring) insert "retired Associate Judge,";
(b) after "retired Magistrate" (where first
occurring) insert "or an Australian lawyer of
at least 10 years' standing";
(c) for "Magistrate or retired Magistrate"
(where secondly occurring) substitute
"Magistrate, retired Magistrate or Australian
lawyer of at least 10 years' standing";
(d) for "chairperson of that division" substitute
"divisional chairperson".
(2) After section 64(2) of the Corrections Act 1986
insert—
"(2A) Subject to section 74AAB, if more than one
member of a division of the Board is a
person referred to in subsection (2), the
chairperson of the Board must give a
direction as to which member is to be
divisional chairperson.".
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(3) In section 64(4) of the Corrections Act 1986, for
"chairperson of the division" substitute
"divisional chairperson".
(4) After section 64(4) of the Corrections Act 1986
insert—
"(5) In this section, divisional chairperson, in
relation to a division of the Board, means the
chairperson of that division.".
36 Chairing of meetings
In section 65(4) of the Corrections Act 1986, for
"(b) or (c)" substitute "(b), (c), (da), (db) or (dc)".
37 Release on parole after service of non-parole period
After section 74(3) of the Corrections Act 1986
insert—
"(3A) Despite subsections (1) and (3), a prisoner
may be released at any time on the next
working day after the time stated in the
parole order if the Secretary grants a request
made by the prisoner under section 6EA.".
38 Application—prisoner compensation quarantine
funds
For section 104P(2) of the Corrections Act 1986
substitute—
"(2) This Part applies to a claim by or on behalf
of a prisoner arising from and in connection
with the prisoner's detention while on
remand if the prisoner is subsequently
sentenced to a term of imprisonment,
whether or not that sentence was imposed for
the offence in respect of which the prisoner
was remanded in custody.".
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39 Disclosure of information—definitions
In section 104ZX of the Corrections Act 1986, in
the definition of Corrections-related legislation,
after paragraph (l) insert—
"(m) the National Disability Insurance Scheme
Act 2013 of the Commonwealth;".
40 Authorisation to use or disclose information
(1) After section 104ZY(2)(l) of the Corrections
Act 1986 insert—
"(la) if the disclosure is to the National Disability
Insurance Scheme Launch Transition
Agency established by the National
Disability Insurance Scheme Act 2013 of the
Commonwealth and the information is
reasonably necessary—
(i) to support the determination of
eligibility for the National Disability
Insurance Scheme as established by
that Act; or
(ii) for the planning and provision of
supports through the National
Disability Insurance Scheme;
(lb) if the disclosure is to any person or body
who delivers services or advice in relation to
the National Disability Insurance Scheme
established by the National Disability
Insurance Scheme Act 2013 of the
Commonwealth and the information is
reasonably necessary—
(i) to support the determination of
eligibility for the National Disability
Insurance Scheme; or
(ii) for the planning and provision of
supports through the National
Disability Insurance Scheme;
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(lc) if the disclosure is to the Attorney General
for New South Wales and the information is
reasonably necessary for the purpose of an
application under the Crimes (High Risk
Offenders) Act 2006 of New South Wales;".
(2) After section 104ZY(2)(n) of the Corrections
Act 1986 insert—
"(na) if the Secretary has authorised under
section 104ZZB the use or disclosure of the
information in a de-identified form for the
purpose of research;
(nb) if the Secretary has approved under
section 104ZZB the publication of research
based on the information that is used or
disclosed in a de-identified form;".
41 Authorisation to disclose information given to Adult
Parole Board
In section 104ZZ(1) of the Corrections
Act 1986—
(a) in paragraph (c)(ii), for "person." substitute
"person; or";
(b) after paragraph (c) insert—
"(d) the Secretary has authorised under
section 104ZZB the use or disclosure of
the information in a de-identified form
for the purpose of research; or
(e) the Secretary has approved under
section 104ZZB the publication of
research based on the information that
is used or disclosed in a de-identified
form.".
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42 New section 104ZZB inserted
After section 104ZZA of the Corrections
Act 1986 insert—
"104ZZB Use or disclosure of information for
research purposes
(1) The Secretary, by instrument in writing—
(a) may authorise the use or disclosure of
information in a de-identified form
(in which information that may identify
the person to whom the information
relates has been removed) for the
purpose of research; and
(b) may approve publication of the
research.
(2) A person must not publish or cause to be
published any research using information
disclosed under subsection (1) unless the
publication has been approved by the
Secretary.
Penalty: 120 penalty units.
(3) A person must not publish or cause to be
published any information disclosed under
subsection (1), or any research using that
information, that enables the identification of
any person to whom the information relates.
Penalty: 120 penalty units.
(4) In this section—
publish means to disseminate or provide
access to the public or a section of the
public by any means, including by—
(a) publication in a book, newspaper,
magazine or other written
publication; or
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(b) broadcast by radio or television; or
(c) public exhibition; or
(d) broadcast or electronic
communication.".
43 New section 131 inserted
After section 130 of the Corrections Act 1986
insert—
"131 Transitional—Justice Legislation
Amendment (Serious Offenders and
Other Matters) Act 2019
(1) The definition of serious violent offence as
amended by section 19(3) of the Justice
Legislation Amendment (Serious
Offenders and Other Matters) Act 2019
applies on and after the commencement of
section 19(3) of that Act, irrespective of
when the offence against section 27 of the
Crimes Act 1958 was committed.
(2) Section 47DA as amended by section 27 of
the Justice Legislation Amendment
(Serious Offenders and Other Matters)
Act 2019 applies to offences alleged to have
been committed on or after the
commencement of section 27 of that Act.
(3) For the purposes of subsection (2) if an
offence is alleged to have been committed
between 2 dates, one before and one after the
commencement of section 27 of the Justice
Legislation Amendment (Serious
Offenders and Other Matters) Act 2019,
the offence is alleged to have been
committed before that commencement.
(4) Section 58E as amended by section 30 of the
Justice Legislation Amendment
(Serious Offenders and Other Matters)
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Act 2019 applies on and after the
commencement of section 30 of that Act,
regardless of whether—
(a) an application for a reduction under
section 58E(1) had been made but not
determined before the commencement
of section 30 of that Act; or
(b) before the commencement of section 30
of that Act a prisoner had taken any
steps to ask the Secretary to reduce the
length of a sentence under section 58E;
or
(c) before the commencement of section 30
of that Act the Secretary had begun any
consideration of whether the length of a
sentence should be reduced under
section 58E.".
44 Schedule 3 amended
In item 3 of Schedule 3 to the Corrections
Act 1986, paragraph (i) is repealed.
45 Schedule 5 amended
(1) After item 4 of Schedule 5 to the Corrections
Act 1986 insert—
"4A. Department of Premier and Cabinet
(1) The Secretary to the Department of Premier
and Cabinet.
(2) A person employed in the Department of
Premier and Cabinet under Part 3 of the
Public Administration Act 2004.
(3) A person who provides services or advice
(whether paid or unpaid) to or on behalf of
the Department of Premier and Cabinet.".
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(2) After item 7 of Schedule 5 to the Corrections
Act 1986 insert—
"7A. Commission for Children and Young
People
(1) Each of the following in respect of a prisoner
under the age of 18 years—
(a) the Principal Commissioner within the
meaning of the Commission for
Children and Young People
Act 2012;
(b) a Commissioner within the meaning of
the Commission for Children and
Young People Act 2012;
(c) a person employed to assist the
Commission under Part 3 of the Public
Administration Act 2004;
(d) a person who provides services or
advice (whether paid or unpaid) to or
on behalf of the Commission.
(2) In this item—
Commission means the Commission for
Children and Young People established
by section 6 of the Commission for
Children and Young People
Act 2012.".
46 Statute law revision amendments
In section 3(1) of the Corrections Act 1986—
(a) in the definition of Department, for
"Department of Justice and Regulation"
substitute "Department of Justice and
Community Safety";
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(b) in the definition of Secretary, for
"Department of Justice and Regulation"
(wherever occurring) substitute
"Department of Justice and Community
Safety".
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Part 4—Amendment of other Acts
47 Children, Youth and Families Act 2005
After section 492A(3)(c) of the Children, Youth
and Families Act 2005 insert—
"(ca) disclosing or communicating confidential
information to the Commission for Children
and Young People established under
section 6 of the Commission for Children
and Young People Act 2012 if the
disclosure is made to assist the Commission
to perform official duties; or".
48 Commercial Passenger Vehicle Industry Act 2017
(1) In section 75(2)(c) of the Commercial Passenger
Vehicle Industry Act 2017—
(a) in subparagraph (iii), for "2009." substitute
"2009; or";
(b) after subparagraph (iii) insert—
"(iv) a supervision order or interim
supervision order within the meaning of
the Serious Offenders Act 2018.".
(2) In section 219(1)(b) of the Commercial
Passenger Vehicle Industry Act 2017—
(a) in subparagraph (ii), for "2009." substitute
"2009; or";
(b) after subparagraph (ii) insert—
"(iii) a supervision order or interim
supervision order within the meaning of
the Serious Offenders Act 2018.".
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(3) In Part 2 of Schedule 1 to the Commercial
Passenger Vehicle Industry Act 2017, after
item 27 insert—
"27A. An offence against the Serious Offenders
Act 2018 (other than section 277, 281 or
284).".
49 Drugs, Poisons and Controlled Substances Act 1981
After section 55K(3)(d) of the Drugs, Poisons
and Controlled Substances Act 1981 insert—
"(da) any order under the Serious Offenders
Act 2018; or".
50 Sentencing Act 1991—statute law revision
amendments
(1) In section 3(1) of the Sentencing Act 1991, for
the definition of Secretary substitute—
"Secretary means the Secretary to the Department
of Justice and Community Safety;".
(2) In section 10AA(8) of the Sentencing Act 1991,
in the definition of youth justice custodial worker
omit "to the Department of Justice and
Regulation".
(3) In section 32(2B) of the Sentencing Act 1991,
after "15" insert "years".
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Part 5—Repeal of this Act
51 Repeal of this Act
This Act is repealed on 1 June 2021.
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).
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Endnotes
Justice Legislation Amendment (Serious Offenders and Other Matters)
Act 2019
No. 45 of 2019
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
† Minister's second reading speech—
Legislative Assembly: 16 October 2019
Legislative Council: 31 October 2019
The long title for the Bill for this Act was "A Bill for an Act to amend the
Serious Offenders Act 2018, the Corrections Act 1986 and certain other
Acts and for other purposes."
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