No. 44 of 1991
Corrections (Remissions) Act 1991
[Assented to 18 June 1991]
The Parliament of Victoria enacts as follows:
1. Purposes
The purposes of this Act are—
(a) to abolish entitlement to remission on sentences of
imprisonment; and
(b) to abolish the pre-release program; and
(c) to enable the Director-General of Corrections to
grant emergency management days in respect of
sentences of imprisonment.
529
s.2
Corrections (Remissions) Act 1991
Act No. 44/1991
2. Commencement
This Act comes into operation on a day or days to be
proclaimed.
3. Abolition of remissions
No. 117/1986.
Amended by
Nos 16/1987,
70/1987,
38/1988,
50/1988,
15/1989,
56/1989
and 57/1989.
(1) Division 4 of Part 8 of the Corrections Act 1986 is
repealed.
(2) The amendment of the Corrections Act 1986 made by
sub-section (1) applies only with respect to sentences of
imprisonment imposed after the commencement of that
sub-section.
(3) Division 4 of Part 8 of the Corrections Act 1986 and
regulation 97 of the Corrections Regulations 1988
continue to apply with respect to sentences of
imprisonment imposed before the commencement of
sub-section (1) as if that sub-section had not come into
operation.
(4) For the purposes of this section a sentence of
imprisonment imposed by an appellate court after the
commencement of sub-section (1) on setting aside a
sentencing order made before that commencement must
be taken to have been imposed at the time the original
sentencing order was made.
4. Provision for emergency management
(1) After Division 3 of Part 8 of the Corrections Act 1986
insert—
"Division 3A—Emergency Management Days
58E. Emergency management days
(1) The Director-General may, in accordance with
the regulations, reduce the length of a sentence
of imprisonment being served by a person or the
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Corrections (Remissions) Act 1991
Act No. 44/1991
length of the non-parole period (if one has been
fixed in respect of the sentence) on account of
good behaviour while suffering disruption or
deprivation—
(a) during an industrial dispute or emergency
existing in the prison or police gaol in
which the sentence is being served; or
{b) in other circumstances of an unforeseen
and special nature.
(2) Sub-section (1) applies to all sentences of
imprisonment, including any imposed for
murder, irrespective of whether the sentences
were imposed before or after the commencement
of this section.".
(2) In section 112 (1) of the Corrections Act 1986, for
paragraph (r) substitute—
"(/") The reduction of the length of a sentence of
imprisonment or of the non-parole period, if one
has been fixed in respect of the sentence, on account
of good behaviour while the person serving the
sentence is suffering disruption or deprivation—
(i) during an industrial dispute or emergency
existing in the prison or police gaol in which
the sentence is being served; or
(ii) in other circumstances of an unforeseen and
special nature;".
5. Abolition of pre-release program
(1) Division 6 of Part 8 of the Corrections Act 1986 is
repealed.
(2) The amendment of the Corrections Act 1986 made by
sub-section (1) applies only with respect to sentences of
imprisonment imposed after the commencement of that
sub-section.
(3) Division 6 of Part 8 of the Corrections Act 1986 and
Division 5 of Part 8 of the Corrections Regulations 1988
continue to apply with respect to sentences of
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Corrections (Remissions) Act 1991
Act No. 44/1991
s.6
imprisonment imposed before the commencement of subsection (1) as if that sub-section had not come into
operation.
6. Consequential amendment of Corrections Act
In the Corrections Act 1986—
(a) in section 3 (definition of "correctional order")
paragraph (c) is repealed;
(b) in section 3 (definition of "correctional services")
in paragraph (b) omit "and pre-release
programmes";
(c) section 4 (2) (e) is repealed;
(d) in section 50, sub-sections (7) and (8) are repealed;
(e) in section 53 (4), paragraph (d) is repealed;
( / ) section 54 is repealed;
(g) in the heading to Part 8, omit "AND EARLY
RELEASE";
(h) in section 55(1), omit the definition of "pre-release
permit";
(/) in section 55 (1) (definition of "prison sentence")
for ", reduced by all periods of remission to which
the person is entitled in respect of those sentences"
substitute ", reduced as provided for under this or
any other Act";
0 ) section 55 (2) is repealed;
(k) in section 57 (2) (h), omit "or under a pre-release
permit";
(/) in section 70 (a), omit "or under pre-release
permits";
(m) in section 73, omit "or pre-release permit";
(n) in section 112(1) (n), omit", pre-release permits".
7. Consequential amendments
Amendedb
NaTi7/i986.
0)
In
section 6 (1) (d) of the Parole Orders (Transfer) Act
1983 for "remissions" substitute "reductions of sentence".
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Corrections (Remissions) Act 1991
Act No. 44/1991
(2) In the Prisoners (Interstate Transfer) Act 1983—
(a) in section 23 (3) (a) for "entitlement to remissions"
substitute "reduction to the length of the period of
imprisonment";
(b) in section 26 (1) (c) for "entitlements to remissions"
substitute "reductions of sentence earned";
(c) in section 28 (6) (c) for "entitlements to remission
in respect" substitute "reductions".
NOTES
1. Minister's second reading speech—
Legislative Assembly: 30 November 1990
Legislative Council: 30 May 1991
2. The long title for the Bill for this Act was "A Bill to abolish
entitlement to remission on sentences of imprisonment, to abolish
the pre-release program, to enable the Director-General of
Corrections to grant emergency management days in respect of
sentences of imprisonment, to make consequential amendments to
the Corrections Act 1986 and other Acts and for other purposes.".
3. Section headings appear in bold italics and are not part of the Act.
(See Interpretation of Legislation Act 1984).
533
s.7
No. 9881.
Amended by
Nos 9966,
10087,
10260,
117/1986,
16/1987
and 57/1989.