Corrections Legislation Amendment Bill 2016 (VIC)

The State of Victoria has recently introduced the Corrections Legislation Amendment Bill 2016 into Parliament in the Legislative Assembly. The Bill has the purpose of amending the Corrections Act 1986 to strengthen the corrections system by introducing new safety powers for corrections officers to better protect the community when it comes to supervising parolees. The Bill will also broaden the grounds for information sharing about offenders for the purposes of the working with children scheme as well as with corrections and parole authorities throughout Australia and other countries.

Community Safety Concerns

The Bill comes as a response to the continuing safety risks to the community in the supervision of some prisoners on parole. As Victorian Minister for Police, Lisa Neville, highlights:

The safety risks are more apparent when community corrections staff members pay after hour visits to check electronic monitoring equipment or to ensure parolees are compliant with a curfew or an alcohol abstinence condition.

The Bill draws safety measures from recent legislation regarding Serious Sex Offenders and extends it to Security and Emergency Service Groups in relation to parole. Specifically, a new category of ‘specified officers’ was established in relation to serious sex offenders to help manage these cases. These officers have certain safety powers when assisting in the supervision of serious sex offenders. Ultimately, the current Bill will extend the powers of prison officers to embody similar powers as the above specified officers.

Amendments in the Bill

As already discussed, the primary purpose of the Bill is to establish a new safety role for the SESG of Corrections Victoria. Further to this, the Bill will also provide clear power to the Secretary to the Department of Justice and Regulation to issue a warrant authorising police officers to break, enter and search a public place or private residence to arrest and return an unlawfully released prisoner. The Bill will also improve and clarify the information-sharing provisions in Part 9E of the Victorian Corrections Act including to expressly incorporate current ministerial authorisations permitting a relevant person (such as Corrections staff) to share personal or confidential information about offenders and prisoners.

The Bill will also absolve corrections officers from liability for any damage or injury caused by the use of reasonable force to ensure consistency in approach to exemption for liability throughout the Act.

The Bill continues the Victorian Government’s commitment to strengthening the corrections system and to provide better protection for the people of Victoria. 

The Bill is currently awaiting second reading debate in the Legislative Assembly in Victoria.

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Corrections Legislation Amendment Bill 2016, Bill, Explanatory Memorandum, and Secondary Speech as published on LawOne