Victorian Numbered Acts

CORRECTIONS LEGISLATION FURTHER AMENDMENT ACT 2017 (NO. 64 OF 2017) - SECT 9

After Division 1A of Part 8 of the Corrections Act 1986 insert —

" Division 1B—Security officers

        55K     Functions of security officers

The functions of a security officer are—

        (a)     to provide security at premises where—

              (i)     the Board meets; or

              (ii)     employees of the Department who are assisting the Board under section 70(1) to perform its functions are located; and

        (b)     if required, to assist a police officer in the performance of the police officer's duties at premises where the Board meets.

        55L     Powers of security officers

    (1)     In performing the functions of a security officer, a security officer may—

        (a)     carry out a garment search, a pat-down search or a scanning search of a prisoner on parole and anything in the prisoner's possession or under the prisoner's control; and

        (b)     seize anything found during a search carried out under paragraph (a) if the security officer believes on reasonable grounds that seizure is necessary for the safety of any person; and

        (c)     supervise, escort or accompany a prisoner on parole who is attending in person at premises where the Board meets; and

        (d)     direct a prisoner on parole to do or not do anything that the security officer believes on reasonable grounds is necessary for the safety of any person; and

        (e)     if necessary, use reasonable force to compel a prisoner on parole to obey a direction given by a security officer or a police officer; and

        (f)     subject to subsection (3), apply an instrument of restraint to the prisoner on parole if the security officer believes on reasonable grounds that the application of the instrument of restraint is necessary to prevent injury to any person; and

        (g)     arrest without warrant a prisoner on parole if—

              (i)     the security officer believes on reasonable grounds that the prisoner has committed an indictable offence; or

              (ii)     the Board cancels the prisoner's parole.

    (2)     For the purposes of subsection (1)(e), a security officer may use any weapon (other than a firearm) in accordance with an exemption granted under section 8B of the Control of Weapons Act 1990 .

Example

An extendable baton or capsicum spray, if the weapon is subject to an exemption applying to the security officer in the circumstances.

    (3)     For the purposes of subsection (1)(f), a security officer may apply an instrument of restraint to a prisoner on parole if—

        (a)     the instrument, or type of instrument, is approved by the Secretary; and

        (b)     the instrument is used in the manner determined by the Secretary.

    (4)     A security officer who has arrested a prisoner on parole under subsection (1)(g)—

        (a)     must deliver the prisoner into the custody of a police officer as soon as practicable after the arrest to be dealt with according to law or to be returned to prison; and

        (b)     may detain the prisoner in a suitable place until the prisoner is delivered into the custody of a police officer under paragraph (a).

    (5)     In this section, "prisoner on parole" includes a prisoner whose parole is cancelled by the Board.

        55M     Seizure of things—how dealt with, reporting and recording

    (1)     A security officer must deal with anything seized under section 55L(1)(b) in accordance with the regulations.

    (2)     A security officer who seizes anything under section 55L(1)(b) must—

        (a)     report the seizure to the Secretary; and

        (b)     record details of the seizure in a register established and kept by the Secretary.

        55N     Report of use of force or application of instrument of restraint

    (1)     This section applies if a security officer—

        (a)     in accordance with section 55L(1)(e), uses force against a prisoner on parole; or

        (b)     in accordance with section 55L(1)(f), applies an instrument of restraint to a prisoner on parole.

    (2)     A security officer referred to in subsection (1) must report, as soon as possible, the use of force or the application of the instrument of restraint (as the case may be) to the Secretary.

        55O     No liability

A security officer is not liable for injury or damage caused by—

        (a)     the use of force in accordance with section 55L(1)(e); or

        (b)     the application of an instrument of restraint in accordance with section 55L(1)(f).

        55P     Protective services officer may exercise powers of security officer under this Division

A protective services officer on duty at a designated place that is a place referred to in section 55K may exercise all the powers and has all the responsibilities given to or imposed on a security officer under this Division.".