Wednesday, 29 July 2026


Bills

Corrections Amendment Bill 2026


Paul HAMER

Corrections Amendment Bill 2026

Override statement

 Paul HAMER (Box Hill – Minister for Local Government, Minister for Youth Justice, Minister for Corrections) (14:41): I now make a statement in accordance with section 31(5) of the Charter of Human Rights and Responsibilities Act 2006. The Corrections Amendment Bill 2026 will amend the Corrections Act 1986 to provide that a prisoner’s right to be in the open air does not apply in circumstances where it is not reasonably practicable in light of operational considerations. The government accepts that sections limiting the right to be in open air may be incompatible with some charter rights. New section 47AAA therefore includes subsections providing that the charter does not apply to this provision and that those override declarations do not need to be re-enacted every five years as is ordinarily required under section 31(7) of the charter. The government does not take this step lightly. In this exceptional case the charter is being overridden and its application excluded to ensure access to open air in prison can continue to be managed safely alongside operational considerations. This is particularly important in the highly complex operating environment of prisons, which require careful management of multiple interests and people with varying needs.