Corrections (Further Amendment) Act 2004

Victorian Legislation Parliamentary Documents i Corrections (Further Amendment) Act 2004 Act No. 14/2004 TABLE OF PROVISIONS Section Page 1. Purposes 1 2. Commencement 2 3. Principal Act 2 4. New definitions inserted 2 5. Secrecy 3 6. Who can receive information? 3 7. Information about prisoners 6 8. New sections 30B to 30I inserted 6 30B. Application to be included on victims register 6 30C. Inclusion on the victims register 7 30D. Secretary may refuse to include nominee details for person included on victims register 8 30E. Annual report 8 30F. Secretary may prepare guidelines 9 30G. Release of information to "family members" 9 30H. Confidentiality of information 10 30I. Offence to publish information disclosed under section 30A in electronic or print media 10 9. New sections 74A and 74B inserted 13 74A. Victim submissions 13 74B. How does the Board deal with victim submissions? 14 10. New section 105A inserted 15 105A. Offences by bodies corporate 15 11. New regulation-making powers 16 ═══════════════ ENDNOTES 17 -- 1 of 18 -- Victorian Legislation Parliamentary Documents 1 Corrections (Further Amendment) Act 2004 † [Assented to 18 May 2004] The Parliament of Victoria enacts as follows: 1. Purposes The main purposes of this Act are— (a) to amend the Corrections Act 1986 to provide for— (i) an expanded class of victims of crime to be included on a victims register to be given information under that Act; (ii) how such information is to be dealt with; and Victoria No. 14 of 2004 -- 2 of 18 -- Victorian Legislation Parliamentary Documents Act No. 14/2004 Corrections (Further Amendment) Act 2004 2 (b) to provide for persons included on the victims register to be able to make submissions to the Adult Parole Board under that Act. 2. Commencement (1) Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation on or before 30 August 2004, it comes into operation on that day. 3. Principal Act In this Act, the Corrections Act 1986 is called the Principal Act. 4. New definitions inserted In section 3(1) of the Principal Act, insert the following definitions— ' "victims register" means the register established under the regulations for the purpose of recording persons entitled to be given information under section 30A and to make victim submissions; "victim submission" means a submission made under section 74A to the Adult Parole Board;'. s. 2 See: Act No. 117/1986. Reprint No. 5 as at 1 January 2004 and amending Act Nos 11/1993 and 53/2003. LawToday: www.dms. dpc.vic. gov.au -- 3 of 18 -- Victorian Legislation Parliamentary Documents Act No. 14/2004 Corrections (Further Amendment) Act 2004 3 5. Secrecy After section 30(3)(da) of the Principal Act insert— "(db) disclosing information to persons included on the victims register for the purposes of making victim submissions; or". 6. Who can receive information? For section 30A(1) of the Principal Act substitute— '(1) In this section— "criminal act of violence" means— (a) an offence that involves an assault on, or injury or a threat of injury to, a person which is punishable by imprisonment; (b) an offence against Subdivision (8A), (8B), (8C), (8D) or (8E) of Division 1 of Part I of the Crimes Act 1958 or any corresponding previous enactment (sexual offences); (c) an offence at common law of rape or assault with intent to rape; (d) an offence against section 21A(1) of the Crimes Act 1958 (stalking) or any corresponding previous enactment; (e) an offence against section 63 of the Crimes Act 1958 (child stealing) or any corresponding previous enactment; s. 5 -- 4 of 18 -- Victorian Legislation Parliamentary Documents Act No. 14/2004 Corrections (Further Amendment) Act 2004 4 (f) an offence against section 63A of the Crimes Act 1958 (kidnapping) or any corresponding previous enactment; (g) an offence against section 77 of the Crimes Act 1958 (aggravated burglary) or any corresponding previous enactment; (h) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraphs (a) to (g); (i) an offence against the law of another jurisdiction in Australia which substantially corresponds to an offence referred to in paragraphs (a) to (h); "family member", in relation to a person, means that person's— (a) spouse or domestic partner; (b) child or step-child aged 18 years or more; (c) parent, step-father, step-mother or legal guardian; (d) brother, sister, step-brother or step-sister aged 18 years or more; (e) grandparent; (f) grandchild aged 18 years or more; (g) uncle or aunt; (h) niece or nephew aged 18 years or more; s. 6 -- 5 of 18 -- Victorian Legislation Parliamentary Documents Act No. 14/2004 Corrections (Further Amendment) Act 2004 5 (i) father-in-law, mother-in-law, son- in-law, daughter-in-law, brother- in-law or sister-in-law aged 18 years or more; "victim" means— (a) a person who has had a criminal act of violence committed against him or her; (b) a family member of a person who has died as a direct result of a criminal act of violence committed against that person; (c) a family member of a person who— (i) has had a criminal act of violence committed against that person; and (ii) is under 18 years of age or is incapable of managing his or her own affairs because of mental impairment; (d) a person who— (i) is or has been the spouse or domestic partner of a prisoner; and (ii) has an intervention order (other than an interim intervention order) under the Crimes (Family Violence) Act 1987 in force against the prisoner.'. s. 6 -- 6 of 18 -- Victorian Legislation Parliamentary Documents Act No. 14/2004 Corrections (Further Amendment) Act 2004 6 7. Information about prisoners (1) In section 30A(2) of the Principal Act, for the words commencing "The Secretary may" and ending "making the request" substitute "Subject to section 30G, the Secretary may give a person included on the victims register in respect of an offence for which a prisoner is serving a sentence of imprisonment". (2) After section 30A(2) of the Principal Act insert— "(2A) If a person included on the victims register has a nominee whose details have been included under section 30D in respect of the person included on the victims register, the Secretary may give information under sub- section (2) to the nominee on behalf of that person.". 8. New sections 30B to 30I inserted After section 30A of the Principal Act insert— '30B. Application to be included on victims register (1) A person may apply to the Secretary for inclusion on the victims register. (2) An application under sub-section (1)— (a) must be in writing; and (b) may include details of a nominee to whom the applicant wishes information to be disclosed under section 30A instead of being disclosed directly to the applicant. (3) If an applicant includes details of a nominee in accordance with sub-section (2)(b), the application must include the following— (a) details of the nominee's relationship to the applicant; and s. 7 -- 7 of 18 -- Victorian Legislation Parliamentary Documents Act No. 14/2004 Corrections (Further Amendment) Act 2004 7 (b) the reason that the applicant wishes information under section 30A to be disclosed to the nominee rather than directly to the applicant; and (c) an undertaking completed by the nominee that the nominee will not disclose the information disclosed under section 30A by the Secretary, other than in accordance with the Act. (4) An undertaking referred to in sub-section (3)(c) must be in the prescribed form. 30C. Inclusion on the victims register (1) A person who makes an application under section 30B who is a victim within the meaning of section 30A(1) must be included on the victims register. (2) A person who makes an application under section 30B who is not a victim within the meaning of section 30A(1) may be included on the victims register if the Secretary, in writing, approves the inclusion of that person on the register. (3) For the purposes of sub-section (2), the Secretary may approve the inclusion of a person on the register if that person— (a) is not a victim within the meaning of paragraph (d) of the definition of "victim" in section 30A(1) but can demonstrate, to the satisfaction of the Secretary, a documented history of domestic violence being committed by a prisoner against that person; or (b) can demonstrate, to the satisfaction of the Secretary, a substantial connection to the offence for which the prisoner is serving a sentence of imprisonment. s. 8 -- 8 of 18 -- Victorian Legislation Parliamentary Documents Act No. 14/2004 Corrections (Further Amendment) Act 2004 8 30D. Secretary may refuse to include nominee details for person included on victims register (1) If an applicant under section 30B includes details of a nominee to whom the applicant wishes information under section 30A to be disclosed, the Secretary may include those details in respect of the applicant as part of the inclusion of the applicant as a person on the victims register if satisfied that it is appropriate to do so. (2) If an applicant under section 30B is included on the victims register, the Secretary may refuse to include details of an applicant's nominee if the Secretary believes on reasonable grounds that the disclosure of information under section 30A to the nominee— (a) may endanger— (i) the security of any prison; or (ii) the safe custody and welfare of the prisoner or any other prisoner; or (iii) the safety or welfare of any other person; or (b) may result in a contravention of section 30I. 30E. Annual report (1) The Secretary must provide an annual written report to the Minister and to the Attorney-General on the inclusion by the Secretary of persons on the victims register under section 30C(3). s. 8 -- 9 of 18 -- Victorian Legislation Parliamentary Documents Act No. 14/2004 Corrections (Further Amendment) Act 2004 9 (2) A report under sub-section (1) must include— (a) the number of applications for inclusion on the victims register received under section 30C(2); and (b) the number of such applications approved by the Secretary under section 30C(3); and (c) the categories of person which the Secretary has approved for inclusion on the victims register. 30F. Secretary may prepare guidelines (1) The Secretary may prepare guidelines in relation to the exercise of powers under section 30C. (2) The Minister and the Attorney-General must both approve any guidelines prepared under sub-section (1). (3) Guidelines prepared under sub-section (1) and approved under sub-section (2)— (a) must be published in the Government Gazette as soon as practicable after their preparation; and (b) take effect on the date of publication in the Government Gazette. 30G. Release of information to "family members" The Secretary must not disclose information under section 30A to a person included on the victims register who is a family member within the meaning of section 30A(1) unless that person can show, to the satisfaction of the Secretary, that he or she is or was the primary care giver or next of kin of the s. 8 -- 10 of 18 -- Victorian Legislation Parliamentary Documents Act No. 14/2004 Corrections (Further Amendment) Act 2004 10 person against whom the relevant offence for which the prisoner is serving a sentence of imprisonment was committed. 30H. Confidentiality of information A person included on the victims register and that person's nominee (if any) to whom information is disclosed under section 30A by the Secretary must treat that information in an appropriate manner that respects the confidential nature of the information. 30I. Offence to publish information disclosed under section 30A in electronic or print media (1) A person must not publish in the electronic or print media or cause to be published in the electronic or print media any information relating to the personal affairs of a prisoner if that person knows that the information has been disclosed under section 30A. Penalty: 60 penalty units, in the case of a natural person; 1200 penalty units, in the case of a body corporate. (2) A person must not, for the purposes of publication in the electronic or print media, solicit or obtain any information relating to the personal affairs of a prisoner, being information which has been disclosed under section 30A from— (a) a person included on the victims register or that person's nominee (if any); or s. 8 -- 11 of 18 -- Victorian Legislation Parliamentary Documents Act No. 14/2004 Corrections (Further Amendment) Act 2004 11 (b) a person who has previously been included on the victims register or that person's nominee (if any). Penalty: 60 penalty units, in the case of a natural person; 1200 penalty units, in the case of a body corporate. (3) A person included on the victims register, a person who has previously been included on the victims register or the nominee of either of those persons must not disclose any information relating to the personal affairs of a prisoner which has been disclosed to that person under section 30A if that person reasonably believes that the information is likely to be or will be published in the electronic or print media or caused to be published in the electronic or print media. Penalty: 60 penalty units. (4) Nothing in this section prevents— (a) a nominee of a person included on the victims register disclosing information to the person on whose behalf information has been disclosed under section 30A by the Secretary to the nominee; or (b) a person included on the victims register or a nominee of a person included on the victims register from disclosing information disclosed under section 30A by the Secretary to an authorised person. s. 8 -- 12 of 18 -- Victorian Legislation Parliamentary Documents Act No. 14/2004 Corrections (Further Amendment) Act 2004 12 (5) In this section— "authorised person" means— (a) in the case of a person included on the victims register, a family member within the meaning of section 30A(1); (b) a member of the police force, the DPP or a person employed in the Office of Public Prosecutions established under the Public Prosecutions Act 1994 if that member or person is investigating an offence; (c) a registered medical practitioner within the meaning of the Medical Practice Act 1994 in the course of treatment of a person included on the victims register in relation to a condition or issues arising from that person being a victim of a criminal act of violence; (d) a registered psychologist within the meaning of the Psychologists Registration Act 2000 in the course of treatment of a person included on the victims register in relation to a condition or issues arising from that person being a victim of a criminal act of violence; (e) a legal practitioner within the meaning of the Legal Practice Act 1996 in the course of consulting that legal practitioner for legal advice; s. 8 -- 13 of 18 -- Victorian Legislation Parliamentary Documents Act No. 14/2004 Corrections (Further Amendment) Act 2004 13 "Director of Public Prosecutions" means the Director of Public Prosecutions appointed under section 87AB of the Constitution Act 1975; "information relating to the personal affairs of a prisoner" has the same meaning as it has in section 30(1).'. 9. New sections 74A and 74B inserted After section 74 of the Principal Act insert— "74A. Victim submissions (1) A person included on the victims register may make a submission to the Board for consideration by the Board in determining to make a parole order under section 74. (2) A victim submission— (a) must be in writing; and (b) must address matters relating to the person's views about the effect of the potential release of the prisoner on parole on that person; and (c) may include comments from the person as to any terms and conditions to which the parole order may be subject; and (d) must include any other prescribed matters. (3) On receiving notification under section 30A(2) of the release or likely release of a prisoner on parole, a person included on the victims register who wishes to make a victim submission must make that submission within the time specified in the notification. s. 9 -- 14 of 18 -- Victorian Legislation Parliamentary Documents Act No. 14/2004 Corrections (Further Amendment) Act 2004 14 74B. How does the Board deal with victim submissions? (1) Before making a parole order under section 74, the Board— (a) must consider any victim submission it receives in relation to the matter being determined; and (b) may, in its absolute discretion, give that submission such weight as the Board sees fit in determining to make a parole order. (2) The Board must not release a victim submission to the prisoner in relation to whom the parole order is being determined unless— (a) the release of the submission is, in the opinion of the Board, essential in the interests of fairness and justice; and (b) before releasing the victim submission, the Board has asked the person who made the victim submission whether he or she— (i) consents to the submission being released to the prisoner; or (ii) wishes to amend the submission so that it can be released to the prisoner; or (iii) wishes to withdraw the submission. (3) If a person who made a victim submission does not consent to the submission being released to the prisoner, amend the submission so that it can be released to the prisoner or withdraw the submission when s. 9 -- 15 of 18 -- Victorian Legislation Parliamentary Documents Act No. 14/2004 Corrections (Further Amendment) Act 2004 15 asked to do so by the Board under sub- section (2)(b), the Board— (a) must not release the victim submission to the prisoner; and (b) in considering the victim submission when determining to make a parole order, may reduce the weight it would otherwise have given to the submission if the person who made it had complied with sub-section (2)(b).". 10. New section 105A inserted After section 105 of the Principal Act insert— "105A. Offences by bodies corporate (1) If, in proceedings for an offence against this Act, it is necessary to establish the intention or knowledge of a body corporate, it is sufficient to show that an officer, employee or agent of the body corporate had that intention or knowledge. (2) If an offence against this Act committed by a body corporate is proved to have been committed with the consent or connivance of a person who is a director, manager, secretary or other officer of the body corporate, that person is deemed to have committed the offence also and is liable to be proceeded against and punished accordingly. (3) This section applies only with respect to an offence alleged to have been committed after the commencement of section 10 of the Corrections (Further Amendment) Act 2004.". s. 10 -- 16 of 18 -- Victorian Legislation Parliamentary Documents Act No. 14/2004 Corrections (Further Amendment) Act 2004 16 11. New regulation-making powers After section 112(1)(m) of the Principal Act insert— "(ma) the establishment and keeping of a victims register; (mb) the manner of application for registration by persons wishing to be included on the victims register; (mc) the manner and circumstances in which a person may be removed from the victims register; (md) matters to be included in victim submissions;". ═══════════════ s. 11 -- 17 of 18 -- Victorian Legislation Parliamentary Documents Act No. 14/2004 Corrections (Further Amendment) Act 2004 17 ENDNOTES † Minister's second reading speech— Legislative Assembly: 5 March 2004 Legislative Council: 4 May 2004 The long title for the Bill for this Act was "to amend the Corrections Act 1986 to provide for certain information to be given to persons included on a victims register and to provide for how such information is dealt with, to provide for victim submissions to the Adult Parole Board, to include regulation-making powers for a victims register and for other purposes." Endnotes -- 18 of 18 --