Tuesday, 25 August 2026


Bills

Corrections Amendment Bill 2026


Ros SPENCE, James NEWBURY

Corrections Amendment Bill 2026

Council’s amendments

Message from Council relating to following amendments considered:

1.   Clause 1, line 5, after “considerations” insert “and to further provide for persons detained in police gaols”.

2.   Clause 1, line 5, after “considerations” insert “, to provide for a review of the operation of certain amendments to that Act”.

3.   Clause 2, page 2, line 1, after “of this Act” insert “, other than sections 5AAA, 5AAB and 5AAC,”.

4.   Clause 2, page 2, after line 3 insert –

“(3) Sections 5AAA, 5AAB and 5AAC come into operation on 8 September 2027.”.

5.   Insert the following New Clause to follow clause 5 –

‘5AA New section 111AB inserted

After section 111A of the Corrections Act 1986 insert –

“111AB   Review of certain amendments

(1)   The Minister must cause a review to be conducted of the operation of the amendments made to this Act by the Corrections Amendment Act 2026 (other than section 5A of that Act).

(2)   The review must be commenced no later than 3 years after the day after the day on which the Corrections Amendment Act 2026 receives the Royal Assent.

(3)   The review must be completed no later than 6 months after it commences.

(4)   The Minister must cause a report of the review to be laid before each House of the Parliament no later than 14 sitting days after receiving it.”.’.

6.   Insert the following new Clauses to follow clause 5 –

‘5AAA Police gaols

In section 11(3) of the Corrections Act 1986 –

(a)   for “The” substitute “Other than in circumstances of extraordinary emergency, the”;

(b)   for “(if any)” substitute “(not exceeding 14 days)”.

5AAB General power to authorise transfers of detained persons

After section 104DF(2) of the Corrections Act 1986 insert –

“(3)   In determining the maximum period for which a person transferred from a police gaol to another police gaol under this section may be held in the police gaol, any period that the person was held in a police gaol prior to the transfer must be included.

Note

See also section 11.

5AAC New section 133 inserted

At the end of Part 11 of the Corrections Act 1986 insert –

“133   Transitional – Corrections Amendment Act 2026

Section 104DF(3) applies, on and after its commencement, in relation to a detained person whether they became a detained person before, on or after that commencement.”.’.

7.   Clause 6, lines 12 and 13, omit “the first anniversary of the day on which it receives the Royal Assent” and insert “8 September 2028”.

8.   Long title, after “considerations” insert “and to further provide for persons detained in police gaols”.

9.   Long title, after “considerations” insert “, to provide for a review of the operation of certain amendments to that Act”.

 Ros SPENCE (Kalkallo – Minister for Corrections, Minister for Victim Support, Minister for Youth Justice, Minister for Community Sport) (13:24): I move:

That the amendments be agreed to.

The government is supportive of the amendment brought forward by Legalise Cannabis Victoria in the other place for a three-year statutory review of the reforms introduced. The government is aware of the time-sensitive nature of the bill in light of the Supreme Court of Victoria’s recent decision. However, we also acknowledge the engagement from various stakeholders in the sector. As such, the government believes a three-year statutory review is sensible to ensure that these reforms are operating as they are intended.

The government is also supportive of the amendment brought by the Greens in the other place. This will ensure there is a consistent maximum amount of time a person can be held in police jails: 14 days. To ensure government has sufficient time to implement these operational changes, the government introduced an amendment for this to come into effect in 12 months time, from 8 September 2027.

I just want to say thank you to those across the Parliament, including the shadow minister, and stakeholders in the sector who have contributed to and engaged on this bill. The government supports the amendments.

 James NEWBURY (Brighton) (13:25): As the minister said, work was done across the chamber in relation to these amendments, and again we will not be opposing them.

Motion agreed to.

The DEPUTY SPEAKER: A message will now be sent to the Legislative Council informing them of the house’s decision.