VICIn ForceRegulation
Corrections Regulations 2019
114Other terms and conditions of a parole order—parole order made on and from 1 November 2019
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114 Other terms and conditions of a parole order—parole order made on and from 1 November 2019
(1) For the purposes of section 74(4)(b) of the Act, the Board may impose any of the following other terms and conditions on a parole order made on and from 1 November 2019—
(a) the prisoner must not consume any alcohol, unless otherwise approved in writing by the Regional Manager or the Board (whichever is specified in the order);
(b) the prisoner must, as directed by a community corrections officer or the Regional Manager—
(i) undergo assessment to determine whether the prisoner is suitable for—
(A) treatment for abuse of or dependency on alcohol or any drug of dependence or prohibited poison; or
(B) medical, psychological or psychiatric treatment; and
(ii) if the prisoner is assessed as suitable for the treatment referred to in subparagraph (i), undergo or submit to that treatment;
(c) the prisoner must submit to testing for consumption of alcohol, or use of any drug of dependence or prohibited poison, as directed by the Secretary under section 76A of the Act;
(d) the prisoner must report to the prisoner's supervising community corrections officer as specified in the order, for the period fixed in the order;
(e) the prisoner must not enter, or be within a specified vicinity of, an area specified in the order unless otherwise approved in writing by the Regional Manager or the Board (whichever is specified in the order);
(f) the prisoner must remain in an area specified in the order unless otherwise approved in writing by the Regional Manager or the Board (whichever is specified in the order);
(g) the prisoner must remain at the place specified in the order between specified hours of each day unless otherwise approved in writing by the Regional Manager or the Board (whichever is specified in the order);
(h) the prisoner must not use or access the Internet unless the prisoner's use or access is for the specified purposes approved in writing by the Regional Manager or the Board (whichever is specified in the order);
An example of a specified purpose is access to internet backing or the use or access of the Internet for the purposes of education or healthcare.
(i) the prisoner must not contact, directly or indirectly, a person or class of person (or both) specified in the order, unless otherwise approved in writing by the Regional Manager or the Board (whichever is specified in the order);
(j) the prisoner must not enter, or be within a specified vicinity of, a place specified in the order unless otherwise approved in writing by the Regional Manager or the Board (whichever is specified in the order);
(k) the prisoner must—
(i) undergo assessment, as directed by a community corrections officer or the Regional Manager, to determine whether the prisoner can satisfactorily participate in a program or training specified in the order; and
(ii) if the prisoner is assessed as suitable for the program or training specified, participate in that program or training;
(l) the prisoner must undertake unpaid community work as directed by a community corrections officer or the Regional Manager, unless the prisoner is—
(i) employed; or
(ii) participating in a program or training under paragraph (k)(ii);
(m) the prisoner must not reside at a place of residence specified in the order unless otherwise approved in writing by the Regional Manager or the Board (whichever is specified in the order);
Reg. 114(1)(n) substituted by S.R. No. 26/2023 reg. 4(1).
(n) the prisoner must reside at the place of residence specified in the order, and must not temporarily reside at another address, unless otherwise approved in writing by the Regional Manager or the Board (whichever is specified in the order);
(o) the prisoner must not contact, directly or indirectly, a person or class of person (or both) specified in the order without being under the supervision of a person or persons approved in writing by the Regional Manager or the Board (whichever is specified in the order);
(p) the prisoner must provide to the Board information pertaining to the prisoner's financial affairs, as directed by the Board;
(q) the prisoner must comply with a direction of the Board in relation to computers and devices in the possession of or under the control of the prisoner for the purpose of auditing data held in the computer or device.
(2) For the purposes of subregulation (1)(e), (f), (g) and (j), the Board may specify the time of day to which the term or condition applies.
(3) For the purposes of subregulation (1)(m) and (n), the period of an approval in writing by the Regional Manager must not exceed 21 days.
Reg. 114(3A) inserted by S.R. No. 26/2023 reg. 4(2).
(3A) For the purpose of subregulation (1)(n) and subject to subregulation (3B), a prisoner temporarily resides at another address if the prisoner is or remains at that address overnight.
Reg. 114(3B) inserted by S.R. No. 26/2023 reg. 4(2).
(3B) A prisoner does not temporarily reside at another address if the prisoner is required to be or remain at that address overnight as required by their paid or voluntary employment.
(4) For the purposes of subregulation (1)(k), the Board may specify in the order—
(a) any suitable program or training that addresses factors specific or related to the prisoner's offending behaviour; or
(b) any other suitable program or training for any purpose including for employment, educational, cultural or personal development purposes.
(5) In this regulation—
***area*** means any geographical area in Victoria;
***data*** includes—
(a) information in any form; and
(b) any program or part of a program;
***data held in the computer or device*** includes—
(a) data entered or copied into the computer or device; and
(b) data held in any removable data storage device for the time being in the computer; and
(c) data held in a data storage device on a computer network of which the computer or device forms part;
***data storage device*** means any thing containing or designed to contain data for use by a computer;
A USB storage device or a file server.
***device*** includes a data storage device, a smartphone, any other type of telephone capable of storing data and a SIM card;
***place*** means any public or private location or address in Victoria.
See also regulation 139.