Prisoners (Interstate Transfer) (Amendment) Act 2005

i Prisoners (Interstate Transfer) (Amendment) Act 2005 Act No. 81/2005 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY MATTERS 1 1. Purpose 1 2. Commencement 2 PART 2—AMENDMENTS TO THE PRISONERS (INTERSTATE TRANSFER) ACT 1983 3 3. Insertion of section 10A 3 10A. Matters to which Minister may have regard 3 4. Consequential amendments 3 5. Transfers back 4 PART 3—AMENDMENTS TO THE CORRECTIONS ACT 1986 5 6. Revised immunity provision for Adult Parole Board members 5 7. Cancellation of parole 6 8. Clarification of power of Regional Manager to use force 6 9. Insertion of Part 9B 7 PART 9B—PROVISIONS CONCERNING MONITORED SERIOUS SEX OFFENDERS 7 Division 1—Preliminary Matters 7 104E. Definitions 7 Division 2—Monitored People at Community Corrections Centres 7 104F. Application of this Division 7 104G. Obligations of the officer in charge of the centre 7 104H. Monitored person must comply with certain directions 8 104I. Officers may use force to enforce directions in certain circumstances 8 104J. Officers to give reports if required 9 104K. Photographing 9 -- 1 of 14 -- Section Page ii Division 3—Provisions Applying to Monitored People Receiving Visits From Officers 10 104L. Application of this Division 10 104M. Officers to give reports if required 10 Division 4—Obligations of Regional Managers 10 104N. Regional Manager to ensure that officers have access to certain information 10 ═══════════════ ENDNOTES 12 -- 2 of 14 -- 1 Prisoners (Interstate Transfer) (Amendment) Act 2005 † [Assented to 22 November 2005] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY MATTERS 1. Purpose The purpose of this Act is— (a) to amend the Prisoners (Interstate Transfer) Act 1983 to clarify and expand the grounds to be considered by the Minister in assessing requests by prisoners to be transferred to or from Victoria; and Victoria No. 81 of 2005 -- 3 of 14 -- Part 1—Preliminary Matters Prisoners (Interstate Transfer) (Amendment) Act 2005 Act No. 81/2005 2 (b) to amend the Corrections Act 1986— (i) to make provision in relation to people on extended supervision orders under the Serious Sex Offenders Monitoring Act 2005 who are directed to attend at community corrections centres, or to receive visits from officers, for the purposes of that Act; and (ii) to improve the administration of that Act. 2. Commencement (1) This Act, other than Part 2 and section 7(1), comes into operation on the day after the day on which it receives the Royal Assent. (2) Part 2 comes into operation on 1 February 2006. (3) Section 7(1) comes into operation on a day to be proclaimed. (4) If section 7(1) does not come into operation before 28 February 2006, it comes into operation on that day. __________________ s. 2 -- 4 of 14 -- Part 2—Amendments to the Prisoners (Interstate Transfer) Act 1983 Prisoners (Interstate Transfer) (Amendment) Act 2005 Act No. 81/2005 3 PART 2—AMENDMENTS TO THE PRISONERS (INTERSTATE TRANSFER) ACT 1983 3. Insertion of section 10A After section 10 of the Prisoners (Interstate Transfer) Act 1983 insert— "10A. Matters to which Minister may have regard In forming an opinion or exercising a discretion under this Part, the Minister may have regard to any one or more of the following— (a) the welfare of the prisoner concerned; (b) the administration of justice in this or any other State; (c) the security and good order of any prison in this or any other State; (d) the safe custody of the prisoner; (e) the protection of the community in this or any other State; (f) any other matter the Minister considers relevant.". 4. Consequential amendments In the Prisoners (Interstate Transfer) Act 1983— (a) in the heading to Part II, for "FOR PRISONER'S WELFARE" substitute "AT REQUEST OF PRISONER"; (b) in sections 7(1)(b), 7(3)(b), 7(5)(b), 7(5A)(b) and 7(5B)(b) omit "in the interests of the welfare of the prisoner"; See: Act No. 9881. Reprint No. 2 as at 5 September 1997 and amending Act Nos 67/1998 and 18/2005. LawToday: www.dms. dpc.vic. gov.au s. 3 -- 5 of 14 -- Part 2—Amendments to the Prisoners (Interstate Transfer) Act 1983 Prisoners (Interstate Transfer) (Amendment) Act 2005 Act No. 81/2005 4 (c) in section 11(1), for "may have regard" substitute "by reference". 5. Transfers back (1) In section 23(1)(a) of the Prisoners (Interstate Transfer) Act 1983 omit "it is in the interests of the welfare of the person that". (2) After section 23(1) of the Prisoners (Interstate Transfer) Act 1983 insert— "(1A) In forming an opinion or exercising a discretion under this Part, the Minister may have regard to any one or more of the following— (a) the welfare of the person concerned; (b) the administration of justice in this or any other State; (c) the security and good order of any prison in this or any other State; (d) the safe custody of the person; (e) the protection of the community in this or any other State; (f) any other matter the Minister considers relevant.". __________________ s. 5 -- 6 of 14 -- Part 3—Amendments to the Corrections Act 1986 Prisoners (Interstate Transfer) (Amendment) Act 2005 Act No. 81/2005 5 PART 3—AMENDMENTS TO THE CORRECTIONS ACT 1986 6. Revised immunity provision for Adult Parole Board members For section 69(3) of the Corrections Act 1986 substitute— "(3) A member of the Board is not personally liable for anything done or omitted to be done in good faith— (a) in relation to any function referred to in sub-section (1), or in exercising any power in relation to such a function; or (b) in the reasonable belief that the act or omission related to the function, or was in the exercise of the power. (4) Any liability resulting from an act or omission that would, but for sub-section (3), attach to the member of the Board attaches instead to the Board. (5) Sub-sections (3) and (4) are deemed to apply in respect of anything done, or not done, in good faith before the commencement of section 6 of the Prisoners (Interstate Transfer) (Amendment) Act 2005 by a member, or former member, of the Board, in his or her capacity as a member of the Board, in respect of any of his or her functions under— (a) the Community Welfare Services Act 1970 or the Community Services Act 1970; and (b) Division 10 of Part 4 of the Children and Young Persons Act 1989; and See: Act No. 117/1986. Reprint No. 5 as at 1 January 2004 and amending Act Nos 11/1993, 53/2003, 14/2004, 74/2004, 97/2004, 108/2004, 1/2005, 2/2005 and 18/2005. LawToday: www.dms. dpc.vic. gov.au s. 6 -- 7 of 14 -- Part 3—Amendments to the Corrections Act 1986 Prisoners (Interstate Transfer) (Amendment) Act 2005 Act No. 81/2005 6 (c) Subdivision (1A) or (1D) of Division 2 of Part 3 of the Sentencing Act 1991; and (d) the Serious Sex Offenders Monitoring Act 2005.". 7. Cancellation of parole (1) In section 77(5) of the Corrections Act 1986, for "an offence" substitute "one or more offences". (2) For section 77(7)(b) of the Corrections Act 1986 substitute— "(b) any period during which the parole order was in force is not to be regarded as time served in respect of the prison sentence unless sub- section (7A) applies.". (3) After section 77(7) of the Corrections Act 1986 insert— "(7A) The Board may direct that some or all of the period during which a parole order that has been cancelled, or deemed to be cancelled, was in force is to be regarded as time served in respect of the prison sentence.". 8. Clarification of power of Regional Manager to use force In section 90(7) of the Corrections Act 1986— (a) before "community" insert "Regional Manager or a"; (b) for "the officer" substitute "he or she". s. 7 -- 8 of 14 -- Part 3—Amendments to the Corrections Act 1986 Prisoners (Interstate Transfer) (Amendment) Act 2005 Act No. 81/2005 7 9. Insertion of Part 9B After Part 9A of the Corrections Act 1986 insert— 'PART 9B—PROVISIONS CONCERNING MONITORED SERIOUS SEX OFFENDERS Division 1—Preliminary Matters 104E. Definitions In this Part— "monitored person" means a person who is subject to an extended supervision order under the Serious Sex Offenders Monitoring Act 2005; "officer" has the same meaning as in section 85. Division 2—Monitored People at Community Corrections Centres 104F. Application of this Division This Division applies if the Secretary, acting under section 16(1) of the Serious Sex Offenders Monitoring Act 2005, instructs or directs a monitored person to attend a community corrections centre for the purposes of that Act. 104G. Obligations of the officer in charge of the centre The officer in charge of the community corrections centre must take all reasonable steps for the security and management of, and the safety and welfare of, the monitored person at the centre. s. 9 -- 9 of 14 -- Part 3—Amendments to the Corrections Act 1986 Prisoners (Interstate Transfer) (Amendment) Act 2005 Act No. 81/2005 8 104H. Monitored person must comply with certain directions While at the community corrections centre, the monitored person must comply with any direction given by an officer that is necessary for the management, good order or security of the centre. Penalty: 5 penalty units. 104I. Officers may use force to enforce directions in certain circumstances (1) The Regional Manager or a community corrections officer may use reasonable force to compel the monitored person, while at the community corrections centre, to obey a direction if he or she believes on reasonable grounds that the use of force is necessary— (a) to prevent the person or another person being killed or seriously injured; or (b) to prevent serious damage to property. (2) If a community corrections officer uses force to compel the person to obey a direction, he or she must report that fact to his or her Regional Manager as soon as possible. (3) The Regional Manager must as soon as possible report to the Secretary— (a) the use of force by the Regional Manager to compel the monitored person to obey a direction; and (b) any use of force by a community corrections officer to compel the monitored person to obey a direction that has been reported to the Regional Manager. s. 9 -- 10 of 14 -- Part 3—Amendments to the Corrections Act 1986 Prisoners (Interstate Transfer) (Amendment) Act 2005 Act No. 81/2005 9 104J. Officers to give reports if required (1) An officer must, when required by the Secretary— (a) report to a court concerning the monitored person; and (b) report to the Adult Parole Board concerning the person. (2) In relation to officers within the meaning of paragraph (e) of the definition of "officer" in section 85, sub-section (1) applies as if it only referred to reports concerning the monitored person that relate to the security of the centre. 104K. Photographing (1) While the monitored person is at a community corrections centre, an officer may at any time take photographs of the person for the purposes of identifying the person, or of completing records concerning the person. (2) An officer may give to the person all necessary directions to ensure the taking of accurate photographs. (3) Any direction given under sub-section (2) is deemed to be, for the purposes of section 15(3) of the Serious Sex Offenders Monitoring Act 2005, a lawful direction of the Secretary under section 16(1) of that Act. s. 9 -- 11 of 14 -- Part 3—Amendments to the Corrections Act 1986 Prisoners (Interstate Transfer) (Amendment) Act 2005 Act No. 81/2005 10 Division 3—Provisions Applying to Monitored People Receiving Visits From Officers 104L. Application of this Division This Division applies if the Secretary, acting under section 16(1) of the Serious Sex Offenders Monitoring Act 2005, instructs or directs a monitored person to receive visits from an officer for the purposes of that Act. 104M. Officers to give reports if required (1) The officer must, when required by the Secretary— (a) report to a court concerning the monitored person; and (b) report to the Adult Parole Board concerning the person. (2) Sub-section (1) does not apply to officers within the meaning of paragraph (e) of the definition of "officer" in section 85. Division 4—Obligations of Regional Managers 104N. Regional Manager to ensure that officers have access to certain information (1) The Regional Manager of a region must take reasonable steps to ensure that officers working in the region have access to information as to what their powers and duties are under, and as to what provision is made by or under, this Act and the Serious Sex Offenders Monitoring Act 2005 concerning monitored people to whom this Part applies. s. 9 -- 12 of 14 -- Part 3—Amendments to the Corrections Act 1986 Prisoners (Interstate Transfer) (Amendment) Act 2005 Act No. 81/2005 11 (2) The Regional Manager of a region must give all necessary directions to ensure that officers working in, or assigned to, the region comply with this Act, the regulations and the Serious Sex Offenders Monitoring Act 2005 in relation to the monitored people to whom this Part applies. (3) In this section, "region" means an area, or several areas, designated under Part 9 as a region.'. ═══════════════ s. 9 -- 13 of 14 -- Prisoners (Interstate Transfer) (Amendment) Act 2005 Act No. 81/2005 12 ENDNOTES † Minister's second reading speech— Legislative Assembly: 5 October 2005 Legislative Council: 20 October 2005 The long title for the Bill for this Act was "to amend the Prisoners (Interstate Transfer) Act 1983 and the Corrections Act 1986 and for other purposes." Endnotes -- 14 of 14 --