Corrections Legislation Amendment Act 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Corrections Legislation Amendment Act 2015 No. 41 of 2015 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 3 Part 2—Amendment of Corrections Act 1986 4 Division 1—Cancellation of parole 4 3 Cancellation of parole 4 4 New section 126 inserted 5 Division 2—Powers of Adult Parole Board for production of documents and other things and obtaining evidence 5 5 Definitions 5 6 New sections 71 to 71K substituted 5 Division 3—Disclosure of information 14 7 Definitions 14 8 Authorisation to use or disclose information 15 Division 4—Electronic monitoring of prisoners 16 9 New section 30 inserted 16 10 Consequential amendment to Surveillance Devices Act 1999 17 Division 5—Parole officers and authorisation of employees to exercise powers and functions of community corrections officers and Regional Managers 17 11 Definitions 17 12 Employment under the Public Administration Act 17 13 New section 12A inserted 18 Division 6—Letters to and from certain persons from and to prisoners 18 14 Prisoners rights 18 15 Certain confidential letters may be inspected 20 16 All other letters may be opened and read 21 -- 1 of 36 -- Section Page ii Authorised by the Chief Parliamentary Counsel Division 7—Secretary of Adult Parole Board 21 17 Definitions 21 18 New section 66A inserted 22 19 References to Secretary of the Board 23 Division 8—Quorum for meetings of Adult Parole Board 23 20 Meetings 23 Division 9—Proceedings for offences 23 21 Offence to breach a term or condition of parole 23 22 Proceedings for offences 23 Division 10—Amendments relating to the repeal of the Serious Sex Offenders Monitoring Act 2005 24 23 Victim may be given certain copies of orders and information about a prisoner 24 24 Inclusion on the victims register 24 25 Release of information to "family members" 24 26 Functions of Board 25 27 Secretary to supply assistance to Board 25 28 Reports 25 29 Officers subject to Board's directions 25 30 Definitions 25 31 New section 104F substituted 26 32 Photographing 26 33 New section 104L substituted 26 34 Regional Manager to ensure that officers have access to certain information 27 Division 11—References to Department of Justice 27 35 Definitions 27 36 References to Department of Justice 27 Division 12—Statute law revision 28 37 Definitions 28 38 When is a person in the legal custody of the Secretary? 28 39 When is a person in the legal custody of the Chief Commissioner of Police? 28 40 Right of access 28 41 Emergency powers 28 42 Authorisation to use and disclose information 28 Division 13—Annual reporting of offenders subject to community correction order 29 43 New Division 7 of Part 9 inserted 29 -- 2 of 36 -- Section Page iii Authorised by the Chief Parliamentary Counsel Part 3—Amendment of Parole Orders (Transfer) Act 1983 30 44 Definitions 30 45 New sections 3A and 3B inserted 30 Part 4—Repeal of amending Act 32 46 Repeal 32 ═══════════════ Endnotes 33 1 General information 33 -- 3 of 36 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Corrections Legislation Amendment Act 2015 † No. 41 of 2015 [Assented to 22 September 2015] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The main purposes of this Act are— (a) to amend the Corrections Act 1986— (i) to clarify the circumstances under which the parole of a person is taken to be cancelled; and Victoria -- 4 of 36 -- Part 1—Preliminary Corrections Legislation Amendment Act 2015 No. 41 of 2015 2 Authorised by the Chief Parliamentary Counsel (ii) to update the powers of the Adult Parole Board in relation to the taking of evidence; and (iii) to clarify the circumstances under which a relevant person may use or disclose personal or confidential information; and (iv) to provide a Governor of a prison with an express power to require a prisoner to be electronically monitored; and (v) to provide for the employment of parole officers and to permit the Secretary to the Department of Justice and Regulation to authorise an employee of the Department to exercise the powers and functions of a community corrections officer or Regional Manager; and (vi) to include additional persons and bodies, and to make provision for the prescribing by regulation of other persons and bodies, whose letters to and from a prisoner must not be opened by prison staff; and (vii) to permit the Secretary to the Department of Justice and Regulation to authorise an employee to perform the functions of secretary of the Adult Parole Board; and (viii) to standardise the requirements for a quorum for meetings of the Adult Parole Board held to decide questions; and -- 5 of 36 -- Part 1—Preliminary Corrections Legislation Amendment Act 2015 No. 41 of 2015 3 Authorised by the Chief Parliamentary Counsel (ix) to clarify the procedures for prosecuting offences against the Corrections Act 1986 and the regulations made under that Act; and (x) to remove references to the repealed Serious Sex Offenders Monitoring Act 2005 and extended supervision orders made under that Act; and (xi) to update references to the Department of Justice and Regulation; and (b) to amend the Parole Orders (Transfer) Act 1983 to validate certain past parole order transfers made under the national parole order transfer scheme. 2 Commencement (1) This Act (except Divisions 2, 6, 7 and 9 of Part 2) comes into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), Divisions 2, 6, 7 and 9 of Part 2 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 July 2016, it comes into operation on that day. -- 6 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 4 Authorised by the Chief Parliamentary Counsel Part 2—Amendment of Corrections Act 1986 Division 1—Cancellation of parole 3 Cancellation of parole (1) Section 77(6A) of the Corrections Act 1986 is repealed. (2) In section 77(7) of the Corrections Act 1986— (a) for "If" substitute "Subject to subsection (7A), if"; (b) for "prison sentence" substitute "term of imprisonment". (3) After section 77(7) of the Corrections Act 1986 insert— "(7A) If the prisoner is sentenced, whether in Victoria or elsewhere, to another term of imprisonment while on parole, the prisoner's parole is taken to have been cancelled on the sentence being imposed. (7B) Subsection (7A) applies whether the offending in relation to which the prisoner is sentenced occurred before or during the parole period. (7C) For the purposes of this section, a sentence to a term of imprisonment includes a sentence of imprisonment imposed by a court, whether in Victoria or elsewhere, that is partially suspended but does not include a sentence of imprisonment that is wholly suspended.". -- 7 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 5 Authorised by the Chief Parliamentary Counsel 4 New section 126 inserted After section 125 of the Corrections Act 1986 insert— "126 Transitional provision—Corrections Legislation Amendment Act 2015 Section 77(7A) as inserted by section 3 of the Corrections Legislation Amendment Act 2015 applies in respect of a parole order in force on or after the commencement of section 3 of that Act even if the parole order is made before that commencement.". Division 2—Powers of Adult Parole Board for production of documents and other things and obtaining evidence 5 Definitions In section 3(1) of the Corrections Act 1986 insert the following definitions— "notice to attend means a notice served under section 71A(1)(b), (c) or (d) requiring a person to attend a meeting of the Board; notice to produce means a notice served under section 71A(1)(a) requiring a person to produce a specified document or other thing to the Board;". 6 New sections 71 to 71K substituted For section 71 of the Corrections Act 1986 substitute— "71 Evidence In performing its powers, functions and duties, the Board is not bound by the rules of evidence or any practices or procedures applicable to courts of record and may inform itself on any matter as it sees fit. -- 8 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 6 Authorised by the Chief Parliamentary Counsel 71A Power of Board to compel production of documents and other things or attendance of witnesses (1) For the purposes of obtaining evidence and informing itself in the performance of its functions, the Board may serve written notice on a person requiring the person to— (a) produce a specified document or other thing to the Board before a specified time and in the specified manner; or (b) attend a meeting of the Board at a specified time and place to produce a specified document or other thing; or (c) attend a meeting of the Board at a specified time and place, and from then on from day to day until excused, to give evidence; or (d) attend a meeting of the Board at a specified time and place, and from then on from day to day until excused, to give evidence and to produce a specified document or other thing. (2) A notice under subsection (1)— (a) must be in the prescribed form (if any); and (b) must contain the following information— (i) a statement outlining the provisions of section 71H; (ii) examples of what may constitute a reasonable excuse for failing to comply with the notice; (iii) how the person may object to the notice; -- 9 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 7 Authorised by the Chief Parliamentary Counsel (iv) any other prescribed information; and (c) must be served in accordance with section 71C. 71B Variation or revocation of notice to produce or notice to attend (1) A person on whom a notice to produce or notice to attend is served may make a claim to the Board— (a) that the person has or will have a reasonable excuse for failing to comply with the notice; or (b) in the case of a notice under section 71A(1)(b) or (d), that a document or other thing specified in the notice is not relevant to the subject matter of the meeting. (2) Without limiting what may be a reasonable excuse for the purposes of subsection (1)(a), it is a reasonable excuse for a person to fail to comply with a notice by refusing to give information to the Board if the information— (a) in the case of a natural person, might tend to incriminate the person or make the person liable to a penalty; or (b) is the subject of parliamentary privilege; or (c) is the subject of legal professional privilege; or (d) is the subject of public interest immunity; or (e) is prohibited from disclosure by a court order; or -- 10 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 8 Authorised by the Chief Parliamentary Counsel (f) is prohibited from disclosure by a provision of another enactment that specifically applies to the giving of information or the production of documents or other things to the Board. (3) If the Board is satisfied that the person's claim is made out, the Board, by further written notice served on the person, may vary or revoke the notice. (4) The Board, by further written notice served on a person, may at any time on its own initiative vary or revoke a notice to produce or notice to attend served on the person. (5) A notice varying or revoking a notice to produce or notice to attend must be served in accordance with section 71C. 71C Service of notice to produce or notice to attend (1) Subject to subsection (2), a notice to produce or notice to attend, or a notice varying or revoking a notice to produce or notice to attend, must be served at a reasonable time, being not less than 7 days, before the date on which the person is required to attend or otherwise comply with the notice. (2) The Board may serve a notice to attend requiring immediate attendance by a person if— (a) the Board considers on reasonable grounds that a delay in the person's attendance is likely to result in— (i) evidence being lost or destroyed; or -- 11 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 9 Authorised by the Chief Parliamentary Counsel (ii) the commission of an offence, the continuation of a commission of an offence or an attempt to commit an offence; or (iii) the person on whom the notice is served absconding or otherwise evading attendance; or (iv) serious prejudice to the conduct of the meeting to which the notice relates; or (b) the person on whom the notice is served consents to immediate attendance. (3) A notice to produce or notice to attend may be served— (a) by serving a copy of the notice on the person personally; or (b) by sending a copy of the notice by prepaid ordinary post addressed to the person at the person's last known residential address; or (c) if the person— (i) has facilities for the reception of documents in a document exchange; and (ii) consents to accepting personal service of documents by delivery to those facilities in the document exchange— by delivering a copy of the notice addressed to the person into those facilities; or -- 12 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 10 Authorised by the Chief Parliamentary Counsel (d) if the person consents to documents being served electronically, by sending the notice by means of electronic communication, including by fax transmission or email. 71D Power of Board to compel attendance of witnesses does not affect power of Board to direct prisoners on parole to attend for interview The power of the Board under section 71A to issue to a person a notice to produce or a notice to attend does not affect or limit the power of the Board to direct a prisoner released under a parole order to be available for interview by the Board or to give any other direction that the Board may give the prisoner under the terms and conditions of the parole order. 71E Appearance by audio visual link (1) If the Board requires a person to attend a meeting of the Board, the Board, on its own initiative or at the request of the person, may direct that the person appear before the meeting of the Board by audio visual link from a place (the remote point) other than the place where the meeting is to be held. (2) The Board must not make a direction under subsection (1) unless it is satisfied that both the place where the meeting of the Board is to be held and the remote point are equipped with facilities that— (a) enable all the members of the Board attending the meeting to see and hear the person required to attend; and -- 13 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 11 Authorised by the Chief Parliamentary Counsel (b) enable the person required to attend to see and hear all the members of the Board attending the meeting. (3) The Board, at any time in the course of a meeting, may vary or revoke a direction given under subsection (1), either on its own initiative or at the request of the person required to attend the meeting. (4) A person who, in accordance with a direction given under subsection (1), appears before a meeting of the Board by audio visual link is taken to have attended the meeting of the Board. 71F Notice to attend issued to person in custody (1) If a notice to attend a meeting of the Board is issued to a person who is in a prison or a police gaol, the Board may give a written direction to the Governor of the prison or the officer in charge of the gaol (as the case may be) that— (a) the person be brought to a place equipped with facilities to enable the person to appear before the Board by audio visual link; or (b) the person be brought before the Board— as required by the notice to attend. (2) A direction under subsection (1) must be in the prescribed form (if any). -- 14 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 12 Authorised by the Chief Parliamentary Counsel 71G Power to take evidence on oath or affirmation (1) The Board may require a person attending a meeting of the Board in accordance with a notice to attend to give evidence or answer questions on oath or affirmation. (2) A member of the Board, or a member of staff who is authorised to do so by a member of the Board, may administer an oath or affirmation to a person for the purposes of subsection (1). (3) An oath to be sworn or an affirmation to be made by a person who is appearing before the Board by audio visual link may be administered either— (a) by means of the audio visual link, in nearly as practicable the same way as if the person were physically attending the meeting of the Board; or (b) at the direction of, and on behalf of, the Board at the remote point by a person authorised by the Board. 71H Offence to fail to comply with a notice to produce or attend A person who is duly served with a notice to produce or notice to attend must not, without reasonable excuse, refuse or fail to comply with the notice. Penalty: 30 penalty units or imprisonment for 3 months. Note See also section 72 of the Criminal Procedure Act 2009, which deals with the evidential burden of proof. -- 15 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 13 Authorised by the Chief Parliamentary Counsel 71I Offence to fail to take oath, make affirmation or answer question (1) A person who is duly served with a notice to attend a meeting of the Board under section 71A(1)(c) or (d) must not, without reasonable excuse— (a) refuse or fail to take an oath or make an affirmation when required to do so; or (b) refuse or fail to answer a question that the person is required to answer by the Board. Penalty: 30 penalty units or imprisonment for 3 months. Note See also section 72 of the Criminal Procedure Act 2009, which deals with the evidential burden of proof. (2) A person does not commit an offence against subsection (1) unless, before the person is required to take the oath or make the affirmation or answer the question, the Board informs the person that refusal or failure to do so without reasonable excuse is an offence. 71J Costs of attending meeting of the Board (1) A person who attends a meeting of the Board, whether physically or by audio visual link— (a) in accordance with a notice to attend; or (b) at the request of the Board— is entitled to be paid expenses and allowances in accordance with the prescribed scale. (2) Subsection (1) does not apply to a prisoner or a prisoner released on parole. -- 16 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 14 Authorised by the Chief Parliamentary Counsel 71K Protection of participants at Board meeting (1) A member of the Board has, in respect of the performance of the member's functions as member, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge. (2) A member of staff of the Board has, in the performance of the person's functions at a meeting of the Board, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge. (3) A person legally representing another person at a meeting of the Board has the same protection and immunity as an Australian legal practitioner has in representing a party in proceedings in the Supreme Court. (4) A person who gives information or evidence, or produces a document or other thing, at a meeting of the Board has the same protection and immunity as a witness has in proceedings in the Supreme Court.". Division 3—Disclosure of information 7 Definitions (1) In section 104ZX of the Corrections Act 1986, paragraphs (d), (f) and (g) of the definition of official duties are repealed. (2) In section 104ZX of the Corrections Act 1986, in paragraph (c)(i) of the definition of personal or confidential information, after "location" insert "or a journey made by the person". -- 17 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 15 Authorised by the Chief Parliamentary Counsel 8 Authorisation to use or disclose information For section 104ZY(1) of the Corrections Act 1986 substitute— "(1) A relevant person may use or disclose personal or confidential information if the use or disclosure is reasonably necessary for— (a) the performance of the official duties of the relevant person or any other relevant person; or (b) the performance by the relevant person or another person of any of the following functions or duties— (i) law enforcement, including— (A) the detection, investigation, prosecution or prevention of contraventions of the law; and (B) functions and duties relating to the confiscation of property under the Confiscation Act 1997 or a corresponding law within the meaning of that Act; (ii) the administration of an order made by the Secretary under section 270 or 276 of the Mental Health Act 2014; (iii) the administration or enforcement of an order of a court or tribunal.". -- 18 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 16 Authorised by the Chief Parliamentary Counsel Division 4—Electronic monitoring of prisoners 9 New section 30 inserted After section 29A of the Corrections Act 1986 insert— "30 Electronic monitoring of prisoners (1) The Governor of a prison may order a prisoner to be electronically monitored for any period of each day, including 24 hours of each day, if the Governor considers it necessary to do so for the security or good order of the prison or the safety and welfare of the prisoner or other persons. (2) The following conditions apply to an order given under subsection (1)— (a) the prisoner must for the period of each day specified in the order wear an electronic monitoring device fitted to him or her at the direction of the Governor; (b) the prisoner must not tamper with, damage or disable the electronic monitoring device or other equipment used for the electronic monitoring; (c) the prisoner must comply with any direction given by the Governor or a prison officer under subsection (3). (3) The Governor or a prison officer may give the prisoner any directions the Governor or prison officer considers necessary for the electronic monitoring of the prisoner. -- 19 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 17 Authorised by the Chief Parliamentary Counsel (4) A prisoner who is subject to an order under this section must comply with the conditions under subsection (2) unless the prisoner has a reasonable excuse not to do so. Penalty: 30 penalty units or 3 months imprisonment or both.". 10 Consequential amendment to Surveillance Devices Act 1999 After section 8(2)(ac) of the Surveillance Devices Act 1999 insert— "(ad) the installation, use or maintenance of a tracking device in accordance with an order of the Governor of a prison under section 30 of the Corrections Act 1986; or". Division 5—Parole officers and authorisation of employees to exercise powers and functions of community corrections officers and Regional Managers 11 Definitions In section 3(1) of the Corrections Act 1986 insert the following definition— "parole officer means a parole officer appointed under Part 4;". 12 Employment under the Public Administration Act (1) In section 12(1) of the Corrections Act 1986, after "community corrections officers" insert ", parole officers". (2) After section 12(1) of the Corrections Act 1986 insert— "(2) A parole officer referred to in subsection (1) has all the powers, functions and duties of a community corrections officer. -- 20 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 18 Authorised by the Chief Parliamentary Counsel (3) A reference to a community corrections officer in this Act or any other Act, or any regulations made under this or any other Act, or any rules made by a court is taken to include a reference to a parole officer.". 13 New section 12A inserted After section 12 of the Corrections Act 1986 insert— "12A Authority to exercise powers, functions and duties of community corrections officer or Regional Manager (1) The Secretary, by instrument, may authorise an employee of the Department to exercise any or all of the powers, functions and duties under this Act or any other Act, or any regulations made under this or any other Act of— (a) a community corrections officer; or (b) a Regional Manager. (2) An authorisation under this section may be made in relation to an employee or class of employees specified in the instrument of authorisation.". Division 6—Letters to and from certain persons from and to prisoners 14 Prisoners rights (1) For section 47(1)(m)(vii) of the Corrections Act 1986 substitute— "(vii) the Independent Broad-based Anti- corruption Commission established under section 12 of the Independent Broad-based Anti-corruption Commission 2011; -- 21 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 19 Authorised by the Chief Parliamentary Counsel (viii) the Victorian Inspectorate established under section 8 of the Victorian Inspectorate Act 2011; (ix) the Victorian Legal Services Commissioner appointed under section 51 of the Legal Profession Uniform Law Application Act 2014; (x) the Freedom of Information Commissioner appointed under Part IA of the Freedom of Information Act 1982; (xi) the Mental Health Complaints Commissioner appointed under section 226 of the Mental Health Act 2014; (xii) the Commissioner for Privacy and Data Protection appointed under section 96 of the Privacy Data Protection Act 2014; (xiii) the Victorian Equal Opportunity and Human Rights Commission continued in existence by section 154 of the Equal Opportunity Act 2010; (xiv) any person authorised to act on behalf of a person or body listed in paragraph (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii) or (xiii); (xv) a person or body prescribed by the regulations;". (2) For section 47(3) of the Corrections Act 1986 substitute— "(3) Subsection (1)(m) does not prevent the opening of letters in accordance with— (a) section 28(3) of the Ombudsman Act 1973; or (b) section 54(6) of the Independent Broad-based Anti-corruption Commission 2011; or -- 22 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 20 Authorised by the Chief Parliamentary Counsel (c) section 92A(6) of the Victorian Inspectorate Act 2011.". 15 Certain confidential letters may be inspected (1) For section 47B(2) of the Corrections Act 1986 substitute— "(2) If the letter is to, or from, one of the following correspondents— (a) a lawyer; (b) the Health Services Commissioner; (c) the Human Rights Commissioner; (d) the Victorian Legal Services Commissioner appointed under section 51 of the Legal Profession Uniform Law Application Act 2014; (e) the Freedom of Information Commissioner appointed under Part IA of the Freedom of Information Act 1982; (f) the Mental Health Complaints Commissioner appointed under section 226 of the Mental Health Act 2014; (g) the Commissioner for Privacy and Data Protection appointed under section 96 of the Privacy Data Protection Act 2014; (h) the Victorian Equal Opportunity and Human Rights Commission continued in existence by section 154 of the Equal Opportunity Act 2010; (i) a person authorised to act on behalf of a person or body referred to in paragraph (b), (c), (d), (e), (f), (g) or (h); -- 23 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 21 Authorised by the Chief Parliamentary Counsel (j) a person or body prescribed for the purposes of section 47(1)(m)— the Governor may hold the letter and notify the prisoner and the correspondent of the Governor's suspicions. (2A) The Governor may open and inspect a letter referred to in subsection (2)— (a) in the presence of the prisoner and a representative of the correspondent; or (b) in accordance with any alternative arrangement agreed with the correspondent.". (2) In section 47B(3) of the Corrections Act 1986, for "the relevant Commissioner or lawyer" substitute "the correspondent". 16 All other letters may be opened and read In section 47C of the Corrections Act 1986, after "listed" insert "or referred to". Division 7—Secretary of Adult Parole Board 17 Definitions In section 3(1) of the Corrections Act 1986 insert the following definition— "secretary of the Board means the person authorised under section 66A to perform the functions of the secretary of the Adult Parole Board;". -- 24 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 22 Authorised by the Chief Parliamentary Counsel 18 New section 66A inserted After section 66 of the Corrections Act 1986 insert— "66A Secretary of Adult Parole Board (1) The Secretary, by instrument, may authorise an employee of the Department to perform the functions of the secretary of the Adult Parole Board. (2) The Secretary, by instrument, may authorise an employee of the Department to perform the functions of the secretary of the Adult Parole Board during all periods when— (a) the person authorised under subsection (1) is absent from duty or, for any other reason, is unable to perform those functions; or (b) no person is authorised under subsection (1) to perform those functions; or (c) the holder of a specified position is authorised under subsection (1) to perform those functions and that position is vacant. (3) The Secretary, under subsection (1) or (2), may authorise— (a) an employee named in the instrument of authorisation; or (b) the employee who, from time to time, is the holder of a position specified in the instrument of authorisation.". -- 25 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 23 Authorised by the Chief Parliamentary Counsel 19 References to Secretary of the Board In sections 67(1), 68(1) and (2), 74AA(2), 79E(2) and 79K(3)(a) of the Corrections Act 1986, for "Secretary of the Board" substitute "secretary of the Board". Division 8—Quorum for meetings of Adult Parole Board 20 Meetings In section 66(5) of the Corrections Act 1986, for "3 other members" substitute "2 other members". Division 9—Proceedings for offences 21 Offence to breach a term or condition of parole At the end of section 78A of the Corrections Act 1986 insert— "(2) Despite anything to the contrary in section 7(1) of the Criminal Procedure Act 2009, a proceeding for an offence under subsection (1) may be commenced within 2 years after the commission of the alleged offence.". 22 Proceedings for offences (1) At the foot of section 105 of the Corrections Act 1986 insert— "Note A proceeding for an offence against this Act, or the regulations made under it, is commenced in accordance with the Criminal Procedure Act 2009.". (2) Section 105(2) of the Corrections Act 1986 is repealed. -- 26 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 24 Authorised by the Chief Parliamentary Counsel Division 10—Amendments relating to the repeal of the Serious Sex Offenders Monitoring Act 2005 23 Victim may be given certain copies of orders and information about a prisoner (1) In section 30A(1) of the Corrections Act 1986, the definition of extended supervision order is repealed. (2) In section 30A(1) of the Corrections Act 1986, in paragraph (d)(i) of the definition of victim omit "an extended supervision order," (wherever occurring). (3) In section 30A(2AA) of the Corrections Act 1986— (a) omit "an extended supervision order," (wherever occurring); (b) paragraph (b) is repealed; (c) in paragraph (c) omit "extended supervision order,". (4) Section 30A(2AB) of the Corrections Act 1986 is repealed. 24 Inclusion on the victims register (1) In section 30C(3) of the Corrections Act 1986 omit "an extended supervision order," (wherever occurring). (2) In section 30C(4) of the Corrections Act 1986 omit "extended supervision order,". 25 Release of information to "family members" In section 30G(b) of the Corrections Act 1986 omit "an extended supervision order," (wherever occurring). -- 27 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 25 Authorised by the Chief Parliamentary Counsel 26 Functions of Board Section 69(1)(ab) of the Corrections Act 1986 is repealed. 27 Secretary to supply assistance to Board Section 70(1)(ab) of the Corrections Act 1986 is repealed. 28 Reports (1) Section 72(1)(bd) and (be) of the Corrections Act 1986 are repealed. (2) In section 72(4) of the Corrections Act 1986 omit "or is the subject of an extended supervision order or interim extended supervision order, or of an application for an extended supervision order or interim extended supervision order, made under the Serious Sex Offenders Monitoring Act 2005". (3) In section 72(5) of the Corrections Act 1986 omit "or the Serious Sex Offenders Monitoring Act 2005". 29 Officers subject to Board's directions Section 73(2) of the Corrections Act 1986 is repealed. 30 Definitions In section 104E of the Corrections Act 1986, for the definition of monitored person substitute— "monitored person means a person who is subject to a supervision order or interim supervision order under the Serious Sex Offenders (Detention and Supervision) Act 2009;". -- 28 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 26 Authorised by the Chief Parliamentary Counsel 31 New section 104F substituted For section 104F of the Corrections Act 1986 substitute— "104F Application of this Division This Division applies if the Adult Parole Board directs a monitored person to attend a community corrections centre as a condition, imposed under section 16(2)(b) of the Serious Sex Offenders (Detention and Supervision) Act 2009, of the supervision order or interim supervision order to which the monitored person is subject.". 32 Photographing For section 104K(3) of the Corrections Act 1986 substitute— "(3) Any direction given under subsection (2) is taken to be a lawful direction of the Adult Parole Board given under section 119 of the Serious Sex Offenders (Detention and Supervision) Act 2009.". 33 New section 104L substituted For section 104L of the Corrections Act 1986 substitute— "104L Application of this Division This Division applies if the Adult Parole Board directs a monitored person to receive visits from an officer as a condition, imposed under section 16(2)(d) of the Serious Sex Offenders (Detention and Supervision) Act 2009, of the supervision order or interim supervision order to which the monitored person is subject.". -- 29 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 27 Authorised by the Chief Parliamentary Counsel 34 Regional Manager to ensure that officers have access to certain information (1) In section 104N(1) of the Corrections Act 1986— (a) for "this Act," substitute "this Act and"; (b) omit "and the Serious Sex Offenders Monitoring Act 2005". (2) In section 104N(2) of the Corrections Act 1986— (a) for "the regulations," substitute "the regulations and"; (b) omit "and the Serious Sex Offenders Monitoring Act 2005". Division 11—References to Department of Justice 35 Definitions In section 3(1) of the Corrections Act 1986— (a) in the definition of Secretary, after "Justice" (where twice occurring) insert "and Regulation"; (b) insert the following definition— "Department means the Department of Justice and Regulation;". 36 References to Department of Justice In sections 8(1), 70(1) and (2), 74AA(3)(a) and paragraphs (d) and (e) of the definition of relevant person in section 104ZX of the Corrections Act 1986, for "Department of Justice" substitute "Department". -- 30 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 28 Authorised by the Chief Parliamentary Counsel Division 12—Statute law revision 37 Definitions In section 3(1) of the Corrections Act 1986— (a) for "combined custody treatment order" substitute "combined custody and treatment order"; (b) in paragraph (c) of the definition of correctional services, for "community corrections centres" (where twice occurring) substitute "community corrections centres,". 38 When is a person in the legal custody of the Secretary? In section 6A(1A)(a) of the Corrections Act 1986, for "section 6B(ca)" substitute "section 6B(1)(ca)". 39 When is a person in the legal custody of the Chief Commissioner of Police? In section 6D(1A)(a) of the Corrections Act 1986, for "section 6E(ca)" substitute "section 6E(1)(ca)". 40 Right of access In section 8E(1) and (2) of the Corrections Act 1986, for "Part 2A" (wherever occurring) substitute "this Part". 41 Emergency powers In section 8F(3)(a) of the Corrections Act 1986, for "contractor" substitute "contractor,". 42 Authorisation to use and disclose information In section 104ZY(2)(k) of the Corrections Act 1986, for "Citizenship" substitute "Border Control". -- 31 of 36 -- Part 2—Amendment of Corrections Act 1986 Corrections Legislation Amendment Act 2015 No. 41 of 2015 29 Authorised by the Chief Parliamentary Counsel Division 13—Annual reporting of offenders subject to community correction order 43 New Division 7 of Part 9 inserted After section 104 of the Corrections Act 1986 insert— "Division 7—Sentencing Advisory Council to report on offenders subject to community correction orders 104AA Annual report (1) This section applies to the Sentencing Advisory Council in addition to the functions conferred on it by the Sentencing Act 1991. (2) For each financial year commencing on or after 1 July 2016, the Sentencing Advisory Council must report for that year the number of persons convicted during that year of a serious offence committed while subject to a community correction order. (3) In this section— community correction order has the same meaning as in section 3(1) of the Sentencing Act 1991; Sentencing Advisory Council means the Sentencing Advisory Council established under Part 9A of the Sentencing Act 1991; serious offence means a sexual offence or a serious violent offence, both within the meaning of section 77(9).". -- 32 of 36 -- Part 3—Amendment of Parole Orders (Transfer) Act 1983 Corrections Legislation Amendment Act 2015 No. 41 of 2015 30 Authorised by the Chief Parliamentary Counsel Part 3—Amendment of Parole Orders (Transfer) Act 1983 44 Definitions In section 3 of the Parole Orders (Transfer) Act 1983, for the definition of corresponding law substitute— "corresponding law means a law of another State or a Territory relating to the transfer of parole orders that— (a) corresponds, or substantially corresponds, to this Act; or (b) is declared by the Minister to be a corresponding law for the purposes of this Act;". 45 New sections 3A and 3B inserted After section 3 of the Parole Orders (Transfer) Act 1983 insert— "3A Corresponding law The Minister, by notice published in the Government Gazette, may declare a law of another State or a Territory relating to the transfer of parole orders to be a corresponding law for the purposes of this Act. 3B Validation (1) Anything done under this Act on or after 1 May 1984 and before 21 October 2014 in relation to a parole order made under a law of another State or a Territory whose law relating to the transfer of parole orders had not been declared at that time to be a corresponding law has the same effect, and gives rise to the same consequences, and is to be regarded as always having had the -- 33 of 36 -- Part 3—Amendment of Parole Orders (Transfer) Act 1983 Corrections Legislation Amendment Act 2015 No. 41 of 2015 31 Authorised by the Chief Parliamentary Counsel same effect and having given rise to the same consequences, as if the law of that State or Territory relating to the transfer of parole orders had been declared to be a corresponding law for the purposes of this Act. (2) Any act or thing done or omitted to be done, whether under a power conferred by or under an enactment or otherwise, in reliance, directly or indirectly, on a parole order referred to in subsection (1) made under the law of another State or Territory is not invalid by reason only of the fact that, but for subsection (1), the law of that State or Territory relating to the transfer of parole orders was not a corresponding law. (3) For the purposes of subsection (2), an act or thing may be done or omitted to be done before or after the commencement of section 44 of the Corrections Legislation Amendment Act 2015 and includes but is not limited to a proceeding for a breach of the conditions of the parole order and any penalty imposed.". -- 34 of 36 -- Part 4—Repeal of amending Act Corrections Legislation Amendment Act 2015 No. 41 of 2015 32 Authorised by the Chief Parliamentary Counsel Part 4—Repeal of amending Act 46 Repeal This Act is repealed on 1 July 2017. 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). ═══════════════ -- 35 of 36 -- Endnotes Corrections Legislation Amendment Act 2015 No. 41 of 2015 33 Authorised by the Chief Parliamentary Counsel 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: 24 June 2015 Legislative Council: 6 August 2015 The long title for the Bill for this Act was "A Bill for an Act to amend the Corrections Act 1986 and the Parole Orders (Transfer) Act 1983 and for other purposes." -- 36 of 36 --