Victorian Numbered Acts

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CORRECTIONS LEGISLATION AMENDMENT ACT 2014 (NO. 12 OF 2014) - SECT 14

Release on parole after service of non-parole period

    (1)     In section 74(4) of the Corrections Act 1986 , for "subsection (5)" substitute "subsections (5) and (5A)".

    (2)     In section 74(5)(b) of the Corrections Act 1986 , after "attach to a" insert "term or".

    (3)     After section 74(5) of the Corrections Act 1986 insert

    "(5A)     If, under subsection (5)(b), the Board attaches an electronic monitoring requirement to a term or condition of a parole order, that parole order is subject to the following conditions—

        (a)     the prisoner must comply with any direction given by the Board or the Secretary under subsection (5B);

        (b)     the prisoner must for 24 hours of each day be electronically monitored and wear an electronic monitoring device fitted to him or her at the direction of the Board or the Secretary;

        (c)     the prisoner must not tamper with, damage or disable any electronic monitoring device or equipment used for the electronic monitoring of the term or condition;

        (d)     the prisoner must accept any visit by the Secretary to the place where the prisoner resides, at any time that it is reasonably necessary and for any purpose including to install, repair, fit or remove any electronic monitoring device or equipment used for the electronic monitoring of the term or condition.

    (5B)     If an electronic monitoring requirement is attached to a term or condition of a parole order, the Board or Secretary may give the prisoner such directions as the Board or Secretary considers necessary for the electronic monitoring of the compliance of the term or condition.

    (5C)     A prisoner on parole must comply with a condition to which the parole order is subject under subsection (5A) unless the prisoner has a reasonable excuse.

Penalty:     3 months imprisonment or 30 penalty units or both.".



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