Corrections (Transition Centres and Custodial Community Permits) Act 2005

i Corrections (Transition Centres and Custodial Community Permits) Act 2005 Act No. 2/2005 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY MATTERS 1 1. Purpose 1 2. Commencement 2 PART 2—TRANSITION CENTRES 3 3. Definition 3 4. Insertion of section 4 3 4. References to prisons to include transition centres 3 5. Insertion of section 11A 4 11A. Establishment of transition centres 4 6. Insertion of section 56AC 5 56AC. Transfers to and from transition centres 5 PART 3—CUSTODIAL COMMUNITY PERMITS 7 7. Substitution of section 57 7 57. Custodial community permits 7 57A. Corrections administration permit 7 57B. Rehabilitation and transition permit 8 57C. Fine default permit 9 57D. Provisions applying to all custodial community permits 10 8. Consequential amendments concerning custodial community permits 11 9. Consequential amendment to the Magistrates' Court Act 1989 12 ═══════════════ ENDNOTES 14 -- 1 of 15 -- 1 Corrections (Transition Centres and Custodial Community Permits) Act 2005 † [Assented to 5 April 2005] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY MATTERS 1. Purpose The purpose of this Act is to amend the Corrections Act 1986— (a) to provide for the establishment of transition centres; and Victoria No. 2 of 2005 -- 2 of 15 -- Part 1—Preliminary Matters Corrections (Transition Centres and Custodial Community Permits) Act 2005 Act No. 2/2005 2 (b) to provide for separate types of custodial community permits. 2. Commencement (1) This Part comes into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 August 2005, it comes into operation on that day. __________________ s. 2 -- 3 of 15 -- Part 2—Transition Centres Corrections (Transition Centres and Custodial Community Permits) Act 2005 Act No. 2/2005 3 PART 2—TRANSITION CENTRES 3. Definition In section 3(1) of the Corrections Act 1986, after the definition of "supervise" insert— ' "transition centre" means a transition centre under Part 3;'. 4. Insertion of section 4 After section 3 of the Corrections Act 1986 insert— "4. References to prisons to include transition centres (1) A reference in the following provisions of this Act to a prison is to be read as including a reference to a transition centre, unless the contrary intention appears: Parts 1, 1A, 2, 2A, 4, 5, 6, 7, 8 (other than sections 56 and 56AC), 8A and 10. (2) A reference in any other Act, in any subordinate instrument or in any other document to a prison is to be read as including a reference to a transition centre, unless the contrary intention appears. s. 3 See: Act No. 117/1986. Reprint No. 5 as at 1 January 2004 and amending Act Nos 11/1993, 2/2002, 53/2003, 14/2004 and 74/2004. LawToday: www.dms. dpc.vic. gov.au -- 4 of 15 -- Part 2—Transition Centres Corrections (Transition Centres and Custodial Community Permits) Act 2005 Act No. 2/2005 4 (3) A reference to a Governor in this Act or in any regulations made under this Act is to be read as including a reference to the officer in charge of a transition centre, unless the contrary intention appears. (4) A reference in any other Act, in any subordinate instrument or in any other document to a Governor of a prison is to be read as including a reference to the officer in charge of a transition centre, unless the contrary intention appears.". 5. Insertion of section 11A After section 11 of the Corrections Act 1986 insert— "11A. Establishment of transition centres (1) The Governor in Council may, by Order, appoint any premises or place to be a transition centre. (2) The name of a transition centre is the name given to it in the Order establishing it. (3) An Order under sub-section (1) may state the maximum number of people that may reside in the transition centre at any one time. (4) The Governor in Council may, by Order, revoke the appointment of any premises or place as a transition centre. (5) An Order under sub-section (1) or (4) comes into operation on its making, or on any later date stated in the Order. (6) The Minister must, within 7 days after the making of an Order under sub-section (1) or (4), publish a copy of the Order in the Government Gazette. s. 5 -- 5 of 15 -- Part 2—Transition Centres Corrections (Transition Centres and Custodial Community Permits) Act 2005 Act No. 2/2005 5 (7) On the name of a transition centre being changed, a reference in an Act other than this Act, a subordinate instrument or a document to the transition centre by its old name is deemed to be a reference to the transition centre by its new name.". 6. Insertion of section 56AC After section 56AB of the Corrections Act 1986 insert— "56AC. Transfers to and from transition centres (1) The Secretary may, by instrument, direct the transfer of a prisoner from a prison to a transition centre, or from a transition centre to a prison. (2) The Secretary may only direct the transfer of a prisoner to a transition centre if— (a) the Secretary is satisfied that adequate consideration has been given to the security and good order of the transition centre and the safety and welfare of the prisoner and members of the public; and (b) the transfer is to occur not less than 3 months, and not more than 12 months, before the earliest possible release date of the prisoner; and (c) a transitional activity plan has been developed for the prisoner that identifies the prisoner's rehabilitation or re-integration needs, and that proposes work, community work, education or other programs to address those needs. s. 6 -- 6 of 15 -- Part 2—Transition Centres Corrections (Transition Centres and Custodial Community Permits) Act 2005 Act No. 2/2005 6 (3) Without limiting the factors the Secretary may consider, for the purposes of sub- section (2)(a) the Secretary must have regard to whether the prisoner— (a) has a significant risk of self-harm; (b) is an active drug user; (c) has a history of violence; (d) has a history of sexual offences or other offences that may make his or her presence at a transition centre inappropriate; (e) has a history of escape, or presents a significant escape risk; (f) has outstanding criminal charges or other legal or disciplinary matters pending.". __________________ s. 6 -- 7 of 15 -- Part 3—Custodial Community Permits Corrections (Transition Centres and Custodial Community Permits) Act 2005 Act No. 2/2005 7 PART 3—CUSTODIAL COMMUNITY PERMITS 7. Substitution of section 57 For section 57 of the Corrections Act 1986 substitute— "57. Custodial community permits (1) The Secretary may issue, in accordance with this Division, the following custodial community permits to prisoners— (a) a corrections administration permit; (b) a rehabilitation and transition permit; (c) a fine default permit. (2) The Secretary may issue, in accordance with this Division, a fine default permit to a person in the custody of the Chief Commissioner of Police. 57A. Corrections administration permit (1) The Secretary may issue a corrections administration permit to a prisoner for any of the following purposes— (a) a purpose related to the health of the prisoner; (b) a purpose related to the administration of justice, including (but not limited to) being under police protection on account of evidence given, or to be given, by the prisoner in a legal proceeding within the meaning of the Evidence Act 1958; (c) to visit a person with whom the prisoner has had a long-standing personal relationship if that person is seriously ill or in acute personal need; s. 7 -- 8 of 15 -- Part 3—Custodial Community Permits Corrections (Transition Centres and Custodial Community Permits) Act 2005 Act No. 2/2005 8 (d) to attend the funeral of a person with whom the prisoner had a long-standing personal relationship; (e) to visit another prison. (2) The Secretary may issue the permit for a period of up to 3 days. (3) Despite sub-section (2), the Secretary may issue the permit for a longer period if the permit is to be issued— (a) under sub-section (1)(b) and the prisoner will be under police protection while the permit is in force; or (b) for a purpose related to the health of the prisoner. (4) Subject to section 6B, a prisoner who is authorised to be absent from prison under the permit continues in the legal custody of the Secretary while absent. 57B. Rehabilitation and transition permit (1) The Secretary may issue a rehabilitation and transition permit to a prisoner for any of the following purposes— (a) a purpose related to the physical fitness or education of the prisoner; (b) to take part in a program approved by the Secretary that is designed to facilitate the maintenance of the prisoner's family ties; (c) in the case of a prisoner residing at a transition centre, to undertake activities provided for in the prisoner's transitional activity plan; s. 7 -- 9 of 15 -- Part 3—Custodial Community Permits Corrections (Transition Centres and Custodial Community Permits) Act 2005 Act No. 2/2005 9 (d) to look for or carry out work, including (but not limited to) unpaid community work; (e) to take part in a program approved by the Secretary that is designed to facilitate— (i) the rehabilitation of the prisoner; or (ii) the prisoner's re-integration into the community; or (iii) the preparation of the prisoner for release. (2) The Secretary may issue the permit for a period of up to 30 days. (3) Subject to section 6B, a prisoner who is authorised to be absent from prison under the permit continues in the legal custody of the Secretary while absent. 57C. Fine default permit (1) This section only applies to a person— (a) who is a prisoner who is in the legal custody of the Secretary solely— (i) because he or she is the subject of a penalty enforcement warrant; or (ii) because he or she failed to pay a monetary penalty or an instalment under an instalment order; or (b) who is in the legal custody of the Chief Commissioner solely for a reason described in paragraph (a)(i) or (a)(ii). s. 7 -- 10 of 15 -- Part 3—Custodial Community Permits Corrections (Transition Centres and Custodial Community Permits) Act 2005 Act No. 2/2005 10 (2) The Secretary may issue a fine default permit to the person requiring the person to carry out community work as specified in the permit. (3) The Secretary may issue the permit for a period of up to the whole, or the remaining part, of the term for which the person may be imprisoned. Note: Section 6C(1)(bc) provides that a person who is absent from a prison under a fine default permit is not in the legal custody of the Secretary. 57D. Provisions applying to all custodial community permits (1) The Secretary may only issue a custodial community permit to a prisoner if the Secretary is satisfied that— (a) adequate consideration has been given to the safety and welfare of the prisoner and members of the public; and (b) facilities exist for the provision of adequate and suitable escort and transport where necessary; and (c) in addition to the requirements of this Division, the issuing of the permit complies with any requirements set out in the regulations. (2) In issuing a custodial community permit, the Secretary— (a) must comply with any requirements set out in the regulations; and (b) may impose any conditions on the permit that he or she thinks are appropriate. s. 7 -- 11 of 15 -- Part 3—Custodial Community Permits Corrections (Transition Centres and Custodial Community Permits) Act 2005 Act No. 2/2005 11 (3) A custodial community permit— (a) authorises the prisoner to be absent from the prison for the period stated in the permit; and (b) is subject to any relevant conditions set out in the regulations and any other conditions set out in the permit. (4) The Secretary may issue a custodial community permit in accordance with this section to a prisoner who is not in a prison. (5) If the Secretary issues a custodial community permit to a prisoner who is not in a prison, the Secretary must nominate a prison as the prison from which the prisoner is authorised to be absent. (6) Nothing in this Division is intended to prevent the Secretary from re-issuing a permit that has expired. (7) In the case of a person referred to in section 57C(1)(b), a reference to a prisoner in this section is to be read as a reference to the person.". 8. Consequential amendments concerning custodial community permits (1) Before section 6C(1)(c) of the Corrections Act 1986 insert— "(bc) a person who is absent from a prison under a fine default permit;". (2) In section 6E of the Corrections Act 1986— (a) in paragraph (d), for "custody." substitute "custody; or"; s. 8 -- 12 of 15 -- Part 3—Custodial Community Permits Corrections (Transition Centres and Custodial Community Permits) Act 2005 Act No. 2/2005 12 (b) after paragraph (d) insert— "(e) when the Chief Commissioner releases from his or her legal custody a person who has been issued, while in that custody, with a fine default permit by the Secretary.". (3) In sections 58B(1) and 58C of the Corrections Act 1986, for "custodial community permit" substitute "corrections administration permit or a rehabilitation and transition permit". (4) In section 80 of the Corrections Act 1986, in the definition of "permit", before "community permit" insert "interstate". (5) In section 82 of the Corrections Act 1986— (a) insert the following heading— "Custodial interstate community permit"; (b) before "community permit" insert "interstate". 9. Consequential amendment to the Magistrates' Court Act 1989 In Schedule 7 to the Magistrates' Court Act 1989— (a) in clause 21— (i) in sub-clause (1)(b)(i), for "custodial community permit under section 57" substitute "fine default permit under section 57C"; and (ii) in sub-clauses (1)(b)(ii) and (2)(b), for "custodial community" substitute "fine default"; (b) in clause 22(3), for "custodial community" substitute "fine default"; See: Act No. 51/1989. Reprint No. 10 as at 13 October 2004 and amending Act Nos 27/2002, 80/2003, 94/2003 and 68/2004. LawToday: www.dms. dpc.vic. gov.au s. 9 -- 13 of 15 -- Part 3—Custodial Community Permits Corrections (Transition Centres and Custodial Community Permits) Act 2005 Act No. 2/2005 13 (c) for clause 26 substitute— "26. Restriction on issue of fine default permits If the Court orders that a person be imprisoned under clause 24(2), then despite anything to the contrary in section 57C of the Corrections Act 1986, the Secretary (as defined in that Act) must not issue a fine default permit to the person under section 57C in respect of that imprisonment.". ═══════════════ s. 9 -- 14 of 15 -- Corrections (Transition Centres and Custodial Community Permits) Act 2005 Act No. 2/2005 14 ENDNOTES † Minister's second reading speech— Legislative Assembly: 8 December 2004 Legislative Council: 22 March 2005 The long title for the Bill for this Act was "to amend the Corrections Act 1986 and for other purposes." Endnotes -- 15 of 15 --