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Corrections (Transition Centres and Custodial
Community Permits) Bill
Victorian Legislation and Parliamentary Documents
Introduction Print
EXPLANATORY MEMORANDUM
PART 1--PRELIMINARY MATTERS
Clause 1 sets out the main purpose of the Act.
Clause 2 provides for the commencement of the Act.
PART 2--TRANSITION CENTRES
Clause 3 inserts a definition of "transition centre" into section 3(1) of the
Corrections Act 1986.
inserts new section 4 into the Corrections Act 1986.
Clause 4
New section 4 provides that--
· a reference to a prison in specified parts of the
Corrections Act, in any other Act, in any statutory
instrument or in any other document is to be taken to
include a reference to a transition centre, unless a
contrary intention appears; and
· a reference to a Governor of a prison in the Corrections
Act, in any other Act, in any statutory instrument or in
any other document is to be taken to include a reference
to the officer in charge of a transition centre, unless a
contrary intention appears.
inserts new section 11A into the Corrections Act 1986.
Clause 5
New section 11A authorises the Governor in Council to, by
Order, appoint any premises or place to be a transition centre and
to revoke any appointment so made. The Order of appointment
or revocation must be published in the Government Gazette
within 7 days of being made.
The Order of appointment may specify the maximum number of
people who may reside in the transition centre at any one time.
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551183 BILL LA INTRODUCTION 7/12/2004
inserts new section 56AC into the Corrections Act 1986.
Clause 6
New section 56AC allows the Secretary to the Department of
Victorian Legislation and Parliamentary Documents
Justice to direct the transfer of a prisoner from a prison to a
transition centre, and vice versa. The section also sets out the
criteria that must be satisfied before the Secretary can direct that
a prisoner be transferred to a transition centre.
PART 3--CUSTODIAL COMMUNITY PERMITS
replaces existing section 57 of the Corrections Act 1986 with
Clause 7
new sections 57-57D.
New section 57 provides that the Secretary to the Department of
Justice may issue to a prisoner one of 3 types of custodial
community permits. It also authorises the Secretary to issue one
of those types of permit, a fine default permit, to a person in the
custody of the Chief Commissioner of Police.
New section 57A specifies the purposes for which the Secretary
may issue a corrections administration permit. The duration of
the permit is limited to 3 days, except in 2 specified cases.
New section 57B specifies the purposes for which the Secretary
may issue a rehabilitation and transition permit. The permit may
be issued for a period of up to 30 days.
New section 57C regulates the issue of a fine default permit to
require a person to carry out community work. The permit may
only be issued to a person who is the subject of a penalty
enforcement warrant or who failed to pay a monetary penalty or
an instalment under an instalment order. The permit may be
issued for the whole, or remaining part, of the term for which the
person was to be imprisoned.
New section 57D sets out provisions that apply to all of the
custodial community permits, including the criteria that must be
satisfied before the Secretary may issue a permit.
Sub-section (7) is a necessary drafting provision to ensure that
the provisions in new section 57D also apply to people in the
custody of the Chief Commissioner of Police who receive a
permit in accordance with section 57C(1)(b).
makes consequential amendments to the Corrections Act 1986.
Clause 8
In particular, the clause amends existing sections 6C(1) and 6E so
that a person who is absent from a prison under a fine default
permit is deemed released from the legal custody of the Secretary
to the Department of Justice or the Chief Commissioner of
Police, as relevant.
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Clause 9 makes consequential amendments to Schedule 7 of the
Magistrates' Court Act 1989 to recognise that custodial
community permits issued to fine defaulters will now be called
Victorian Legislation and Parliamentary Documents
fine default permits.
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