The Law Handbook 2024

234 SECTION 3: Fines, infringements and criminal law order and security of the prison – to drug test a person in prison at any time. The prisonmanager does not need to be reasonably suspicious of drug use to conduct a drug test. Therefore, the Corrections Act allows random and selective drug testing of people in prison. This was confirmed in Thompson v Minogue [2021] VSCA 358 where the Court of Appeal found that the direction that Dr Craig Minogue be randomly selected to do a random urine test was not unlawful. It was held that the scheme for urinalysis tests was reasonable and proportionate to protect the rights to life and personal safety and security of people in prison by addressing the serious drug-use problem at Barwon Prison. The Court of Appeal was satisfied that the frequency of random urine tests was neither “negligible or oppressive” and that there were no less restrictive means reasonably available which would achieve the same level of deterrence. Since 1 July 2015, it has been an offence to possess or use tobacco in a Victorian prison. This offence is subject to a maximum fine of 10 penalty units. Voting Overview In Roach v Australian Electoral Commissioner and the Commonwealth [2007] HCA 43, the High Court of Australia ( HCA ) held that amendments to the Commonwealth Electoral Act 1918 (Cth) prohibiting people in prison from voting were unconstitutional and contrary to Australia’s system of government which requires parliament to be ‘directly chosen’ by the people. However, the HCA upheld the validity of earlier laws that disqualified people serving a sentence of three or more years from voting on the basis that most people in prison serving a sentence of this duration are likely to have been convicted of a serious offence that warrants temporary limits on their capacity to vote. The current position is therefore that: • people who are serving a sentence in Victoria of less than three years are entitled to enrol and vote in federal elections. People who are serving a sentence of less than five years are entitled to enrol and vote in local council and Victorian elections; • people on remand are eligible to enrol and vote in local, state and federal elections. There are two ways people in prison can vote. First, by post. Second, at a voting booth set up at the prison by election officials. The prison manager advises the AEC whether a voting booth is required at the prison. People in prison are entitled to become general postal voters, which means they are automatically sent postal voting material at state and federal elections without having to apply for a postal vote. Postal voting is the preferred method for people in prison to vote as the AEC and the VEC are moving away from attending prisons. People released from prison People released from prison on parole can vote in federal elections. People on parole with a sentence, including parole, of less than five years can vote in Victorian and local council elections. All other people who have been released from prison can enrol and vote in local, state and federal elections. It does not matter how long the person was in prison for, why they were in prison, or whether or not they have a permanent address. They just need to be an Australian citizen and at least 18 years old. Emergency Management Days Overview Section 58E of the Corrections Act and regulation 100 of the Corrections Regulations give Corrections Victoria the authority to grant emergency management days ( EMDs ) in specified circumstances that effectively reduce a person’s non- parole periods or, if this has not been fixed, their prison sentence. The Secretary of the Department of Justice has the discretion to reduce the length of a sentence of imprisonment being served by a person or the 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: • during an industrial dispute or emergency existing in prison; or • in other circumstances of an unforeseen and special nature.