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Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019

                  PARLIAMENT OF VICTORIA

 Justice Legislation Amendment (Serious Offenders
            and Other Matters) Bill 2019



                        TABLE OF PROVISIONS
Clause                                                                    Page
Part 1--Preliminary                                                           1
  1      Purposes                                                            1
  2      Commencement                                                        3
Part 2--Amendment of the Serious Offenders Act 2018                           4
  3      Definitions                                                         4
  4      Content of supervision order                                        4
  5      Application for declaration that condition is a restrictive
         condition                                                           4
  6      Temporary conditions                                                5
  7      Section 49 substituted                                              5
  8      Amendment of section heading                                        6
  9      Application for review of intensive treatment and supervision
         condition                                                           6
  10     Emergency power of direction                                        6
  11     Warning to offender--Part 12                                         6
  12     Warning to offender--Part 14                                         6
  13     Non-publication order                                               7
  14     Sharing of information                                              7
  15     New section 289A inserted                                           9
  16     Review of coordinated services plans                               10
  17     Schedule 1 amended                                                 10
  18     Statute law revision and minor technical amendments                11
Part 3--Amendment of the Corrections Act 1986                                15
  19     Definitions                                                        15
  20     New section 6EA inserted                                           17
  21     Prisoners' rights                                                  17
  22     Heading to Division 4A of Part 6 amended                           17
  23     Suspected dangerous letters may be disposed of                     18
  24     Certain confidential letters may be inspected                      18
  25     All other letters may be opened and read                           18
  26     When letters may be stopped and censored                           18
  27     Offence for prisoner to send distressing or traumatic letters      19
  28     New section 47DB inserted                                          20



591045B.I-15/10/2019                     i      BILL LA INTRODUCTION 15/10/2019

 


 

Clause Page 29 Letter register 20 30 Emergency management days 21 31 Membership of Adult Parole Board 21 32 Chairperson and deputy chairpersons 22 33 Deputy members 22 34 Terms of office 23 35 Divisions of Adult Parole Board 23 36 Chairing of meetings 24 37 Release on parole after service of non-parole period 24 38 Application--prisoner compensation quarantine funds 24 39 Disclosure of information--definitions 25 40 Authorisation to use or disclose information 25 41 Authorisation to disclose information given to Adult Parole Board 26 42 New section 104ZZB inserted 27 43 New section 131 inserted 28 44 Schedule 3 amended 29 45 Schedule 5 amended 29 46 Statute law revision amendments 30 Part 4--Amendment of other Acts 32 47 Children, Youth and Families Act 2005 32 48 Commercial Passenger Vehicle Industry Act 2017 32 49 Drugs, Poisons and Controlled Substances Act 1981 33 50 Sentencing Act 1991--statute law revision amendments 33 Part 5--Repeal of this Act 34 51 Repeal of this Act 34 ═════════════ Endnotes 35 1 General information 35 591045B.I-15/10/2019 ii BILL LA INTRODUCTION 15/10/2019

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 A Bill for an Act to amend the Serious Offenders Act 2018, the Corrections Act 1986 and certain other Acts and for other purposes. The Parliament of Victoria enacts: Part 1--Preliminary 1 Purposes The main purposes of this Act are-- (a) to amend the Serious Offenders Act 2018-- 5 (i) to clarify certain procedural provisions; and (ii) to amend the list of serious sex offences in Schedule 1 to that Act; and 591045B.I-15/10/2019 1 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 1--Preliminary (iii) to enable research using de-identified data relating to current and former offenders and the publication of that research; and 5 (iv) to align information sharing provisions with those in the Corrections Act 1986 for the management of offenders administered under both Acts; and (b) to amend the Corrections Act 1986-- 10 (i) to clarify the procedure with respect to letters, parcels and other correspondence with prisoners; and (ii) to amend the application of emergency management days; and 15 (iii) on request, to permit prisoners who are granted bail or parole or released to stay in prison until the next working day; and (iv) to enable victims of crime to access 20 money awarded as compensation to a prisoner while on remand; and (v) to amend the list of serious violent offences; and (vi) to enable research using de-identified 25 data relating to current and former prisoners and the publication of that research; and (vii) to align information sharing provisions with those in the Serious Offenders 30 Act 2018 for the management of offenders administered under both Acts; and 591045B.I-15/10/2019 2 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 1--Preliminary (viii) to permit information sharing with the Commission for Children and Young People in relation to child offenders who are serving a sentence in a prison; 5 and (ix) to permit certain information sharing with the Department of Premier and Cabinet; and (x) to amend provisions relating to 10 membership of the Adult Parole Board; and (xi) to make minor technical amendments; and (c) to make miscellaneous amendments to other 15 Acts. 2 Commencement (1) This Act (except sections 19(1), 21, 22, 23, 24, 25, 26, 27, 28 and 29) comes into operation on the day after the day on which this Act receives the 20 Royal Assent. (2) Subject to subsection (3), sections 19(1), 21, 22, 23, 24, 25, 26, 27, 28 and 29 come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does 25 not come into operation before 1 June 2020, it comes into operation on that day. 591045B.I-15/10/2019 3 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 2--Amendment of the Serious Offenders Act 2018 Part 2--Amendment of the Serious Offenders Act 2018 3 Definitions In section 3 of the Serious Offenders Act 2018-- 5 (a) in the definition of detention order, for "or 73" substitute ", 73, 107 or 108"; (b) in the definition of supervision order, for "or 62" substitute ", 62 or 108". 4 Content of supervision order 10 In section 16(1) of the Serious Offenders Act 2018, after "poses" insert ", or after release from custody will pose,". 5 Application for declaration that condition is a restrictive condition 15 (1) After section 40(1) of the Serious Offenders Act 2018 insert-- "(1A) An application under subsection (1) may be made at the same time as an application for the making or renewal of a supervision order 20 or on a review of the order or a condition of the order.". (2) After section 40(3) of the Serious Offenders Act 2018 insert-- "(4) Despite subsections (2) and (3), an 25 application under subsection (1) may be made by oral submission at a hearing for the making or renewal of a supervision order, or on a review of the order or a condition of the order.". 591045B.I-15/10/2019 4 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 2--Amendment of the Serious Offenders Act 2018 6 Temporary conditions (1) After section 42(1) of the Serious Offenders Act 2018 insert-- "(1A) Before the end of the specified period 5 referred to in subsection (1), the court may extend the temporary condition for a further specified period not exceeding 6 months from the day on which the temporary condition would otherwise expire. 10 (1B) A temporary condition may be extended only once. (1C) A temporary condition, including any extension, must not exceed 12 months in total.". 15 (2) In section 42(2) of the Serious Offenders Act 2018, after "specified period" insert "of a temporary condition or an extended temporary condition". 7 Section 49 substituted 20 For section 49 of the Serious Offenders Act 2018 substitute-- "49 Conditions of interim supervision order Section 15 and Division 3 (other than sections 37 and 39) and Division 4 25 (other than section 42) of Part 3 apply to an interim supervision order as if-- (a) a reference to a supervision order were a reference to an interim supervision order; and 30 (b) a reference to the making of a supervision order were a reference to the making of an interim supervision order; and 591045B.I-15/10/2019 5 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 2--Amendment of the Serious Offenders Act 2018 (c) a reference to the renewal of a supervision order were a reference to the extension of an interim supervision order.". 5 8 Amendment of section heading For the heading to section 108 of the Serious Offenders Act 2018 substitute-- "Decision on detention order--general". 9 Application for review of intensive treatment and 10 supervision condition In section 113(1) of the Serious Offenders Act 2018, for "is imposed on a supervision order" substitute "comes into force". 10 Emergency power of direction 15 For section 142(3) of the Serious Offenders Act 2018 substitute-- "(3) The Authority may exercise its emergency power to give a direction to an offender to reside at a residential facility only if a court 20 referred to in section 8(1)(a) has imposed on the offender a custodial sentence for a serious sex offence.". 11 Warning to offender--Part 12 In section 165 of the Serious Offenders 25 Act 2018, after "the offender" insert ", if present,". 12 Warning to offender--Part 14 In section 220 of the Serious Offenders Act 2018, after "the offender" insert ", if 30 present,". 591045B.I-15/10/2019 6 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 2--Amendment of the Serious Offenders Act 2018 13 Non-publication order In section 280(d) of the Serious Offenders Act 2018, after "Act" insert ", the Serious Sex Offenders (Detention and Supervision) 5 Act 2009 (as in force before its repeal) or the Serious Sex Offenders Monitoring Act 2005 (as in force before its repeal)". 14 Sharing of information (1) In section 284(1) of the Serious Offenders 10 Act 2018-- (a) in paragraph (b), for "another Act; or" substitute "another Act."; (b) paragraphs (c) and (d) are repealed. (2) After section 284(1) of the Serious Offenders 15 Act 2018 insert-- "(1A) A relevant person may use or disclose to any person any information obtained by the relevant person in carrying out a function under this Act or any other Act if-- 20 (a) the use or disclosure is authorised by the person to whom the information relates; or (b) the relevant person believes on reasonable grounds that it is necessary 25 to use or disclose the information-- (i) to reduce the risk of an offender committing a serious sex offence or a serious violence offence or both, or an offence referred to in 30 Schedule 3, or engaging in any behaviour or conduct that threatens the safety of any person (including the offender); or 591045B.I-15/10/2019 7 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 2--Amendment of the Serious Offenders Act 2018 (ii) to lessen or prevent a threat to the life, health, safety or welfare of any person.". (3) In section 284(2) of the Serious Offenders 5 Act 2018, for "unless the use or disclosure is authorised by subsection (1) or (3)" substitute "unless-- (a) the use or disclosure is authorised by subsection (1), (1A) or (3); or 10 (b) the Secretary has authorised under section 289A the use or disclosure of the information in a de-identified form for the purpose of research; or (c) the Secretary has approved under 15 section 289A the publication of research based on the information that is used or disclosed in a de-identified form.". (4) In section 284(3)(c)(i) of the Serious Offenders 20 Act 2018, after "Schedule 3" insert "or engaging in any behaviour or conduct that threatens the safety of any person (including the offender)". (5) In section 284(6) of the Serious Offenders Act 2018-- 25 (a) in the definition of relevant Act, in paragraph (t), for "Commonwealth;" substitute "Commonwealth; or"; (b) in the definition of relevant Act, after paragraph (t) insert-- 30 "(u) the Crimes (High Risk Offenders) Act 2006 of New South Wales;"; 591045B.I-15/10/2019 8 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 2--Amendment of the Serious Offenders Act 2018 (c) in the definition of relevant person, after paragraph (zha) insert-- "(zhb) the Attorney General for New South Wales; or". 5 15 New section 289A inserted After section 289 of the Serious Offenders Act 2018 insert-- "289A Use or disclosure of information for research purposes 10 (1) The Secretary, by instrument in writing-- (a) may authorise the use or disclosure of information in a de-identified form (in which information that may identify the person to whom the information 15 relates has been removed) for the purpose of research; and (b) may approve publication of the research. (2) A person must not publish or cause to be 20 published any research using information disclosed under subsection (1) unless the publication has been approved by the Secretary. Penalty: 120 penalty units. 25 (3) A person must not publish or cause to be published any information disclosed under subsection (1), or any research using that information, that enables the identification of any person to whom the information relates. 30 Penalty: 120 penalty units. (4) In this section, publish has the same meaning as in section 276.". 591045B.I-15/10/2019 9 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 2--Amendment of the Serious Offenders Act 2018 16 Review of coordinated services plans After section 335(1) of the Serious Offenders Act 2018 insert-- "(1A) Subsection (1) does not apply to a 5 coordinated services plan in respect of an offender who is subject to a supervision order or an interim supervision order and who-- (a) is in a prison, a police gaol or a 10 designated mental health service serving a custodial sentence of 12 months or more; and (b) is not eligible for release from custody within 6 months after the plan was 15 agreed to or last reviewed (whichever is the later).". 17 Schedule 1 amended (1) In Schedule 1 to the Serious Offenders Act 2018 after item 9 insert-- 20 "9A An offence against section 48 of the Crimes Act 1958 (sexual activity directed at another person).". (2) In Schedule 1 to the Serious Offenders Act 2018 after item 52 insert-- 25 "52A An offence against section 38A of the Crimes Act 1958 (compelling sexual penetration) as in force immediately before the commencement of section 4 of the Crimes Amendment (Sexual Offences and 30 Other Matters) Act 2014. 52B An offence against section 39 of the Crimes Act 1958 (indecent assault) as in force immediately before the commencement of section 4 of the Crimes Amendment 591045B.I-15/10/2019 10 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 2--Amendment of the Serious Offenders Act 2018 (Sexual Offences and Other Matters) Act 2014. 52C An offence against section 40 of the Crimes Act 1958 (assault with intent to rape) as in 5 force immediately before the commencement of section 4 of the Crimes Amendment (Sexual Offences and Other Matters) Act 2014.". (3) In Schedule 1 to the Serious Offenders Act 2018, 10 in item 54, for "paragraphs (dab) to (dar)" substitute "paragraphs (dab) to (dap) or paragraph (dar)". (4) In Schedule 1 to the Serious Offenders Act 2018, after item 54 insert-- 15 "54A Without limiting item 52, 53 or 54, an offence referred to in paragraph (daq) of clause 1 of Schedule 1 to the Sentencing Act 1991.". (5) In Schedule 1 to the Serious Offenders Act 2018, 20 in item 55, for "52, 53 or 54" substitute "52, 53, 54 or 54A". 18 Statute law revision and minor technical amendments (1) In section 3 of the Serious Offenders Act 2018-- 25 (a) in the definition of Secretary, for "Department of Justice and Regulation" substitute "Department of Justice and Community Safety"; (b) in the definition of working day, for 30 "Department of Justice and Regulation" substitute "Department of Justice and Community Safety". (2) In section 30(2)(a) of the Serious Offenders Act 2018, for "re offending" substitute 35 "re-offending". 591045B.I-15/10/2019 11 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 2--Amendment of the Serious Offenders Act 2018 (3) In section 106(6) of the Serious Offenders Act 2018, for "14" substitute "15". (4) In section 111(4) of the Serious Offenders Act 2018, for "14" substitute "15". 5 (5) In section 113(1) of the Serious Offenders Act 2018, for "supervision and treatment" substitute "treatment and supervision". (6) In the heading to section 242 of the Serious Offenders Act 2018, for "applies" substitute 10 "apply". (7) In section 253 of the Serious Offenders Act 2018, for "Department of Justice and Regulation" (wherever occurring) substitute "Department of Justice and Community Safety". 15 (8) In section 284(6) of the Serious Offenders Act 2018, in paragraphs (d) and (e) of the definition of relevant person, for "Department of Justice and Regulation" substitute "Department of Justice and Community Safety". 20 (9) In section 301(2) of the Serious Offenders Act 2018, for "Department of Justice and Regulation" substitute "Department of Justice and Community Safety". (10) In section 342(1)(b) of the Serious Offenders 25 Act 2018, for "Department of Justice and Regulation" substitute "Department of Justice and Community Safety". (11) In section 345 of the Serious Offenders Act 2018, for "Department of Justice and 30 Regulation" substitute "Department of Justice and Community Safety". (12) In section 346 of the Serious Offenders Act 2018, for "Department of Justice and Regulation" substitute "Department of Justice 35 and Community Safety". 591045B.I-15/10/2019 12 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 2--Amendment of the Serious Offenders Act 2018 (13) In clause 3 of Schedule 4 to the Serious Offenders Act 2018, for "Section" substitute "section". (14) In subclause 4(2) of Schedule 4 to the Serious 5 Offenders Act 2018 after "(5)" insert "and clause 4A". (15) In subclause 4(6) of Schedule 4 to the Serious Offenders Act 2018 for "subsection" substitute "subclause". 10 (16) After clause 4 of Schedule 4 to the Serious Offenders Act 2018 insert-- "4A References to particular courts (1) This clause applies to an offender who is subject to an order referred to in subclause 15 4(1), and who was sentenced to a custodial sentence for a serious sex offence by a court other than the Supreme Court or the County Court, for the purposes of-- (a) determining an application for review 20 or renewal of the order; or (b) determining or dealing with matters relating to a supervision order, detention order, interim supervision order or interim detention order under 25 this Act in respect of the offender, whether made as a result of an application for review or renewal of the order, or subsequently. (2) References in sections 14(1)(a), 34(2), 36(3), 30 63(1)(a), 64(1)(a) and 142(3) of this Act to a court referred to in section 8(1)(a) that imposed a custodial sentence in respect of the offender are taken to be references to any court. 591045B.I-15/10/2019 13 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 2--Amendment of the Serious Offenders Act 2018 (3) Section 12 of this Act is taken to require an application in respect of the offender under Part 3 of this Act to be made to the County Court, unless the context otherwise 5 requires.". 591045B.I-15/10/2019 14 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 3--Amendment of the Corrections Act 1986 Part 3--Amendment of the Corrections Act 1986 19 Definitions (1) In section 3(1) of the Corrections Act 1986-- 5 (a) in the definition of letter omit ", and includes any article accompanying the document"; (b) insert the following definition-- "parcel, in relation to a prisoner, means any 10 item or thing (other than a letter) sent to or from the prisoner, including any item or thing accompanying a letter to the prisoner;". (2) In section 3(1) of the Corrections Act 1986, in 15 the definition of serious violent offence, for paragraph (a) substitute-- "(a) murder; (ab) manslaughter; (ac) child homicide; 20 (ad) an offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections of the Crimes Act 1958-- (i) section 15A (causing serious injury 25 intentionally in circumstances of gross violence); (ii) section 15B (causing serious injury recklessly in circumstances of gross violence); 30 (iii) section 16 (causing serious injury intentionally); 591045B.I-15/10/2019 15 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 3--Amendment of the Corrections Act 1986 (iv) section 17 (causing serious injury recklessly); (v) section 20 (threats to kill); (vi) section 21 (threats to inflict serious 5 injury); (vii) section 63A (kidnapping); (ae) an offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following provisions 10 (as amended) of the Crimes Act 1958 repealed on 24 March 1986 by section 8(2) of the Crimes (Amendment) Act 1985-- (i) section 17 (intentionally causing grievous bodily harm or shooting, etc. 15 with intention to do grievous bodily harm or to resist or prevent arrest); (ii) section 19A (inflicting grievous bodily harm); (iii) section 20 (attempting to choke etc. in 20 order to commit an indictable offence); (iv) section 35B (making demand with threat to kill or injure or endanger life); (af) an offence against section 19A (intentionally causing a very serious 25 disease) of the Crimes Act 1958 repealed by section 3 of the Crimes Amendment (Repeal of Section 19A) Act 2015; (ag) the common law offence of kidnapping; (ah) an offence of conspiracy to commit, 30 incitement to commit or attempting to commit an offence referred to in paragraphs (a) to (ag); 591045B.I-15/10/2019 16 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 3--Amendment of the Corrections Act 1986 (ai) any other offence, whether committed in Victoria or elsewhere, the necessary elements of which consist of elements that constitute any of the offences referred to in 5 paragraphs (a) to (ah);". (3) In section 3(1) of the Corrections Act 1986, in the definition of serious violent offence, after paragraph (b)(i) insert-- "(ia) section 27 (extortion with threat to kill);". 10 20 New section 6EA inserted After section 6E of the Corrections Act 1986 insert-- "6EA Prisoner may request delayed release (1) A person detained in a prison under an order 15 of imprisonment (other than an order referred to in section 6(ca)) may request to be released on the next working day after the day on which the person would otherwise be released. 20 (2) The Secretary may grant or refuse a request made under subsection (1). (3) A person who makes a request under subsection (1) remains in the legal custody of the Secretary until the person is released.". 25 21 Prisoners' rights In section 47(1)(m) and (n) of the Corrections Act 1986, after "letters" (wherever occurring) insert "and parcels". 22 Heading to Division 4A of Part 6 amended 30 In the heading to Division 4A of Part 6 of the Corrections Act 1986, after "Letters" insert "and parcels". 591045B.I-15/10/2019 17 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 3--Amendment of the Corrections Act 1986 23 Suspected dangerous letters may be disposed of (1) In the heading to section 47A of the Corrections Act 1986, after "letters" insert "and parcels". (2) In section 47A of the Corrections Act 1986-- 5 (a) after "any letter" insert "or parcel"; (b) after "the letter" insert "or parcel". 24 Certain confidential letters may be inspected (1) In the heading to section 47B of the Corrections Act 1986, after "letters" insert "and parcels". 10 (2) In section 47B of the Corrections Act 1986, after "letter" (wherever occurring) insert "or parcel". 25 All other letters may be opened and read (1) In the heading to section 47C of the Corrections Act 1986, after "letters" insert "and parcels". 15 (2) In section 47C of the Corrections Act 1986-- (a) for "A prison officer" substitute "An officer within the meaning of Part 5"; (b) after "letter" (wherever occurring) insert "or parcel". 20 26 When letters may be stopped and censored (1) In the heading to section 47D of the Corrections Act 1986, after "letters" insert "and parcels". (2) In section 47D(1) of the Corrections Act 1986-- (a) after "letter" (wherever occurring) insert 25 "or parcel"; (b) after paragraph (ac) insert-- "(ad) in the case of a letter or parcel sent to a prisoner by a person who the Governor reasonably believes does not know the 30 prisoner, may place that person at risk of exploitation or manipulation; or"; 591045B.I-15/10/2019 18 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 3--Amendment of the Corrections Act 1986 (c) in paragraph (d), after "written or pictorial matter" (where secondly occurring) insert "or any other thing". (3) In section 47D(2) of the Corrections Act 1986-- 5 (a) in paragraph (a), after "letter" (wherever occurring) insert "or parcel"; (b) in paragraph (b), for "censored." substitute "censored; or"; (c) after paragraph (b) insert-- 10 "(c) if the belief concerns only part of a parcel, stop the relevant part of the parcel from being sent or received by the prisoner.". (4) After section 47D(2) of the Corrections Act 1986 15 insert-- "(3) The Governor may, in relation to a letter to be sent by a prisoner-- (a) notify the prisoner of the Governor's reasonable belief concerning the letter; 20 and (b) give the prisoner an opportunity to rewrite the letter in order that the letter is not stopped or censored under subsection (2).". 25 27 Offence for prisoner to send distressing or traumatic letters (1) In the heading to section 47DA of the Corrections Act 1986, after "letters" insert "and parcels". 30 (2) In section 47DA of the Corrections Act 1986-- (a) after "letter" (wherever occurring) insert "or parcel"; 591045B.I-15/10/2019 19 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 3--Amendment of the Corrections Act 1986 (b) after "written or pictorial matter" insert "or any other thing". 28 New section 47DB inserted After section 47DA of the Corrections Act 1986 5 insert-- "47DB Governor may place parcels in storage (1) The Governor may place in storage on behalf of a prisoner any parcel sent to the prisoner instead of providing it to the prisoner. 10 (2) If the Governor places a parcel in storage under subsection (1), the Governor must advise the prisoner in writing of the receipt and storage of the parcel. (3) A parcel placed in storage under 15 subsection (1) forms part of the prisoner's property for the purposes of this Act and the regulations.". 29 Letter register (1) In the heading to section 47E of the Corrections 20 Act 1986, after "Letter" insert "and parcel". (2) In section 47E of the Corrections Act 1986-- (a) in paragraphs (a), (ab) and (b), after "letter" insert "and parcel"; (b) in paragraphs (c), (d) and (e), after "letter" 25 (wherever occurring) insert "or parcel"; (c) after paragraph (c) insert-- "(ca) details of every parcel or part of a parcel stopped under section 47D; and (cb) details of every parcel placed in storage 30 under section 47DB; and 591045B.I-15/10/2019 20 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 3--Amendment of the Corrections Act 1986 (cc) the reason for stopping or placing in storage any parcel or part of a parcel referred to in paragraph (ca) or (cb); and". 5 30 Emergency management days After section 58E(2) of the Corrections Act 1986 insert-- "(3) This section does not apply to any prisoner (whether or not the prisoner was involved in 10 any way) in respect of or in relation to-- (a) any event (including any emergency or riot) at the Metropolitan Remand Centre, Victoria, on 30 June 2015 and 1 July 2015 and the security response to 15 that event; or (b) any emergency, riot or other significant security incident that is caused or contributed to by that prisoner or any other prisoner.". 20 31 Membership of Adult Parole Board (1) In section 61(2)(da) of the Corrections Act 1986-- (a) for "one or more" substitute "such number of"; 25 (b) before "appointed" insert "as are". (2) After section 61(2)(da) of the Corrections Act 1986 insert-- "(db) such number of retired Associate Judges of the Supreme Court as are appointed by the 30 Governor in Council; and (dc) one or more Australian lawyers of at least 10 years' standing appointed by the Governor in Council; and". 591045B.I-15/10/2019 21 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 3--Amendment of the Corrections Act 1986 (3) In section 61(2)(e) of the Corrections Act 1986, for "members; and" substitute "members.". (4) Section 61(2)(f) of the Corrections Act 1986 is repealed. 5 (5) After section 61(2) of the Corrections Act 1986 insert-- "(2A) A member of the Board (other than a member referred to in subsection (2)(d) or (e)) may be appointed on a full-time or 10 part-time basis.". (6) After section 61(7) of the Corrections Act 1986 insert-- "(7A) The Adult Parole Board is the same body after the commencement of section 31 of the 15 Justice Legislation Amendment (Serious Offenders and Other Matters) Act 2019 as it was before that commencement despite the changes in its membership made by that section.". 20 32 Chairperson and deputy chairpersons (1) In section 61A(1) and (2) of the Corrections Act 1986, for "section 61(2)(a), (b) or (da) (other than a retired Magistrate)" substitute "section 61(2)(a), (ab), (b), (c), (da), (db) or (dc)". 25 (2) After section 61A(1) of the Corrections Act 1986 insert-- "(1A) A chairperson of the Board may be a full-time or part-time member.". 33 Deputy members 30 (1) In section 62(1) of the Corrections Act 1986, for "section 61(2)(a), (b) or (da) (other than a retired Magistrate)" substitute "section 61(2)(a), (ab), (b), (c), (da), (db) or (dc)". 591045B.I-15/10/2019 22 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 3--Amendment of the Corrections Act 1986 (2) In section 62(2) of the Corrections Act 1986, for "chairperson, deputy chairperson or the Secretary" substitute "chairperson or deputy chairperson". (3) Section 62(3) and (4) of the Corrections 5 Act 1986 are repealed. (4) In section 62(5) of the Corrections Act 1986, for "subsections (2), (3) or (4)" substitute "subsection (2)". 34 Terms of office 10 Section 63(2) of the Corrections Act 1986 is repealed. 35 Divisions of Adult Parole Board (1) In section 64(2) of the Corrections Act 1986-- (a) after "Associate Judge," (where twice 15 occurring) insert "retired Associate Judge,"; (b) after "retired Magistrate" (where first occurring) insert "or an Australian lawyer of at least 10 years' standing"; (c) for "Magistrate or retired Magistrate" 20 (where secondly occurring) substitute "Magistrate, retired Magistrate or Australian lawyer of at least 10 years' standing"; (d) for "chairperson of that division" substitute "divisional chairperson". 25 (2) After section 64(2) of the Corrections Act 1986 insert-- "(2A) Subject to section 74AAB, if more than one member of a division of the Board is a person referred to in subsection (2), the 30 chairperson of the Board must give a direction as to which member is to be divisional chairperson.". 591045B.I-15/10/2019 23 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 3--Amendment of the Corrections Act 1986 (3) In section 64(4) of the Corrections Act 1986, for "chairperson of the division" substitute "divisional chairperson". (4) After section 64(4) of the Corrections Act 1986 5 insert-- "(5) In this section, divisional chairperson, in relation to a division of the Board, means the chairperson of that division.". 36 Chairing of meetings 10 In section 65(4) of the Corrections Act 1986, for "(b) or (c)" substitute "(b), (c), (da), (db) or (dc)". 37 Release on parole after service of non-parole period After section 74(3) of the Corrections Act 1986 insert-- 15 "(3A) Despite subsections (1) and (3), a prisoner may be released at any time on the next working day after the time stated in the parole order if the Secretary grants a request made by the prisoner under section 6EA.". 20 38 Application--prisoner compensation quarantine funds For section 104P(2) of the Corrections Act 1986 substitute-- "(2) This Part applies to a claim by or on behalf 25 of a prisoner arising from and in connection with the prisoner's detention while on remand if the prisoner is subsequently sentenced to a term of imprisonment, whether or not that sentence was imposed for 30 the offence in respect of which the prisoner was remanded in custody.". 591045B.I-15/10/2019 24 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 3--Amendment of the Corrections Act 1986 39 Disclosure of information--definitions In section 104ZX of the Corrections Act 1986, in the definition of Corrections-related legislation, after paragraph (l) insert-- 5 "(m) the National Disability Insurance Scheme Act 2013 of the Commonwealth;". 40 Authorisation to use or disclose information (1) After section 104ZY(2)(l) of the Corrections Act 1986 insert-- 10 "(la) if the disclosure is to the National Disability Insurance Scheme Launch Transition Agency established by the National Disability Insurance Scheme Act 2013 of the Commonwealth and the information is 15 reasonably necessary-- (i) to support the determination of eligibility for the National Disability Insurance Scheme as established by that Act; or 20 (ii) for the planning and provision of supports through the National Disability Insurance Scheme; (lb) if the disclosure is to any person or body who delivers services or advice in relation to 25 the National Disability Insurance Scheme established by the National Disability Insurance Scheme Act 2013 of the Commonwealth and the information is reasonably necessary-- 30 (i) to support the determination of eligibility for the National Disability Insurance Scheme; or (ii) for the planning and provision of supports through the National 35 Disability Insurance Scheme; 591045B.I-15/10/2019 25 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 3--Amendment of the Corrections Act 1986 (lc) if the disclosure is to the Attorney General for New South Wales and the information is reasonably necessary for the purpose of an application under the Crimes (High Risk 5 Offenders) Act 2006 of New South Wales;". (2) After section 104ZY(2)(n) of the Corrections Act 1986 insert-- "(na) if the Secretary has authorised under section 104ZZB the use or disclosure of the 10 information in a de-identified form for the purpose of research; (nb) if the Secretary has approved under section 104ZZB the publication of research based on the information that is used or 15 disclosed in a de-identified form;". 41 Authorisation to disclose information given to Adult Parole Board In section 104ZZ(1) of the Corrections Act 1986-- 20 (a) in paragraph (c)(ii), for "person." substitute "person; or"; (b) after paragraph (c) insert-- "(d) the Secretary has authorised under section 104ZZB the use or disclosure of 25 the information in a de-identified form for the purpose of research; or (e) the Secretary has approved under section 104ZZB the publication of research based on the information that 30 is used or disclosed in a de-identified form.". 591045B.I-15/10/2019 26 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 3--Amendment of the Corrections Act 1986 42 New section 104ZZB inserted After section 104ZZA of the Corrections Act 1986 insert-- "104ZZB Use or disclosure of information for 5 research purposes (1) The Secretary, by instrument in writing-- (a) may authorise the use or disclosure of information in a de-identified form (in which information that may identify 10 the person to whom the information relates has been removed) for the purpose of research; and (b) may approve publication of the research. 15 (2) A person must not publish or cause to be published any research using information disclosed under subsection (1) unless the publication has been approved by the Secretary. 20 Penalty: 120 penalty units. (3) A person must not publish or cause to be published any information disclosed under subsection (1), or any research using that information, that enables the identification of 25 any person to whom the information relates. Penalty: 120 penalty units. (4) In this section-- publish means to disseminate or provide access to the public or a section of the 30 public by any means, including by-- (a) publication in a book, newspaper, magazine or other written publication; or 591045B.I-15/10/2019 27 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 3--Amendment of the Corrections Act 1986 (b) broadcast by radio or television; or (c) public exhibition; or (d) broadcast or electronic communication.". 5 43 New section 131 inserted After section 130 of the Corrections Act 1986 insert-- "131 Transitional--Justice Legislation Amendment (Serious Offenders and 10 Other Matters) Act 2019 (1) The definition of serious violent offence as amended by section 19(3) of the Justice Legislation Amendment (Serious Offenders and Other Matters) Act 2019 15 applies on and after the commencement of section 19(3) of that Act, irrespective of when the offence against section 27 of the Crimes Act 1958 was committed. (2) Section 47DA as amended by section 27 of 20 the Justice Legislation Amendment (Serious Offenders and Other Matters) Act 2019 applies to offences alleged to have been committed on or after the commencement of section 27 of that Act. 25 (3) For the purposes of subsection (2) if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of section 27 of the Justice Legislation Amendment (Serious 30 Offenders and Other Matters) Act 2019, the offence is alleged to have been committed before that commencement. (4) Section 58E as amended by section 30 of the Justice Legislation Amendment 35 (Serious Offenders and Other Matters) 591045B.I-15/10/2019 28 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 3--Amendment of the Corrections Act 1986 Act 2019 applies on and after the commencement of section 30 of that Act, regardless of whether-- (a) an application for a reduction under 5 section 58E(1) had been made but not determined before the commencement of section 30 of that Act; or (b) before the commencement of section 30 of that Act a prisoner had taken any 10 steps to ask the Secretary to reduce the length of a sentence under section 58E; or (c) before the commencement of section 30 of that Act the Secretary had begun any 15 consideration of whether the length of a sentence should be reduced under section 58E.". 44 Schedule 3 amended In item 3 of Schedule 3 to the Corrections 20 Act 1986, paragraph (i) is repealed. 45 Schedule 5 amended (1) After item 4 of Schedule 5 to the Corrections Act 1986 insert-- "4A. Department of Premier and Cabinet 25 (1) The Secretary to the Department of Premier and Cabinet. (2) A person employed in the Department of Premier and Cabinet under Part 3 of the Public Administration Act 2004. 30 (3) A person who provides services or advice (whether paid or unpaid) to or on behalf of the Department of Premier and Cabinet.". 591045B.I-15/10/2019 29 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 3--Amendment of the Corrections Act 1986 (2) After item 7 of Schedule 5 to the Corrections Act 1986 insert-- "7A. Commission for Children and Young People 5 (1) Each of the following in respect of a prisoner under the age of 18 years-- (a) the Principal Commissioner within the meaning of the Commission for Children and Young People 10 Act 2012; (b) a Commissioner within the meaning of the Commission for Children and Young People Act 2012; (c) a person employed to assist the 15 Commission under Part 3 of the Public Administration Act 2004; (d) a person who provides services or advice (whether paid or unpaid) to or on behalf of the Commission. 20 (2) In this item-- Commission means the Commission for Children and Young People established by section 6 of the Commission for Children and Young People 25 Act 2012.". 46 Statute law revision amendments In section 3(1) of the Corrections Act 1986-- (a) in the definition of Department, for "Department of Justice and Regulation" 30 substitute "Department of Justice and Community Safety"; 591045B.I-15/10/2019 30 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 3--Amendment of the Corrections Act 1986 (b) in the definition of Secretary, for "Department of Justice and Regulation" (wherever occurring) substitute "Department of Justice and Community 5 Safety". 591045B.I-15/10/2019 31 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 4--Amendment of other Acts Part 4--Amendment of other Acts 47 Children, Youth and Families Act 2005 After section 492A(3)(c) of the Children, Youth and Families Act 2005 insert-- 5 "(ca) disclosing or communicating confidential information to the Commission for Children and Young People established under section 6 of the Commission for Children and Young People Act 2012 if the 10 disclosure is made to assist the Commission to perform official duties; or". 48 Commercial Passenger Vehicle Industry Act 2017 (1) In section 75(2)(c) of the Commercial Passenger Vehicle Industry Act 2017-- 15 (a) in subparagraph (iii), for "2009." substitute "2009; or"; (b) after subparagraph (iii) insert-- "(iv) a supervision order or interim supervision order within the meaning of 20 the Serious Offenders Act 2018.". (2) In section 219(1)(b) of the Commercial Passenger Vehicle Industry Act 2017-- (a) in subparagraph (ii), for "2009." substitute "2009; or"; 25 (b) after subparagraph (ii) insert-- "(iii) a supervision order or interim supervision order within the meaning of the Serious Offenders Act 2018.". 591045B.I-15/10/2019 32 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 4--Amendment of other Acts (3) In Part 2 of Schedule 1 to the Commercial Passenger Vehicle Industry Act 2017, after item 27 insert-- "27A. An offence against the Serious Offenders 5 Act 2018 (other than section 277, 281 or 284).". 49 Drugs, Poisons and Controlled Substances Act 1981 After section 55K(3)(d) of the Drugs, Poisons and Controlled Substances Act 1981 insert-- 10 "(da) any order under the Serious Offenders Act 2018; or". 50 Sentencing Act 1991--statute law revision amendments (1) In section 3(1) of the Sentencing Act 1991, for 15 the definition of Secretary substitute-- "Secretary means the Secretary to the Department of Justice and Community Safety;". (2) In section 10AA(8) of the Sentencing Act 1991, in the definition of youth justice custodial worker 20 omit "to the Department of Justice and Regulation". (3) In section 32(2B) of the Sentencing Act 1991, after "15" insert "years". 591045B.I-15/10/2019 33 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Part 5--Repeal of this Act Part 5--Repeal of this Act 51 Repeal of this Act This Act is repealed on 1 June 2021. Note 5 The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═════════════ 591045B.I-15/10/2019 34 BILL LA INTRODUCTION 15/10/2019

 


 

Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019 Endnotes Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. By Authority. Government Printer for the State of Victoria. 591045B.I-15/10/2019 35 BILL LA INTRODUCTION 15/10/2019

 


 

 


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