The Law Handbook 2024

236 SECTION 3: Fines, infringements and criminal law Federal sentences The Crimes Amendment (Remissions of Sentences) Act 2021 (Cth) amended the Crimes Act 1914 (Cth) to repeal section 19AA, which previously provided that where a state or territory law provides for the remission or reduction of state or territory prison sentences, that remission or reduction also applies to people serving federal sentences in that state or territory. Regrettably, the impact of this is that people serving federal sentences are now ineligible for EMDs. Release on licence The Commonwealth Attorney-General (or a delegate) may release a person serving a federal sentence on licence under section 19AP of the Crimes Act 1914 (Cth) in exceptional circumstances that justify releasing the person early. ‘Exceptional circumstances’ are not defined, however, the factors that may be considered include: • the person’s cooperation with law enforcement agencies before they were sentenced – and this cooperation was not taken into account by the sentencing court; or • the person’s cooperation with law enforcement agencies after they were sentenced; or • the person has a serious medical condition that cannot be adequately treated/managed in prison. An application for a release on licence must be in writing and should specify the exceptional circumstance that justify the grant of the licence. Complaints Where to direct requests or complaints People in prison can direct requests or complaints to a wide variety of people inside and outside their own particular prison (s 47(1)(j), (m) Corrections Act). Within the prison, requests and complaints are handled at different levels. People in prison have the right to direct requests and complaints to the officer in charge of their section, and also to the prison’s general manager. The general manager must be available at reasonable times to receive requests and complaints from people in prison, to record all requests and to take whatever action they consider necessary. People in prison may direct requests or complaints to any outsider they wish (e.g. judges, members of parliament, ministers of the Crown). It is the policy of Corrections Victoria to forward such letters unless they are threatening or harassing in nature. These letters are subject to normal censorship (see reg 19 Corrections Regulations; read with ss 47A–47E Corrections Act), which states that a prison officer may open and inspect a parcel to determine whether or not the contents of the parcel may jeopardise the safety and security of the prison, the safe custody and welfare of any people in prison, or the safety of the community. Independent prison visitors Independent prison visitors may visit the prison to which they have been appointed to inspect the facilities, observe the workings of the prison, and discuss any topic they feel appropriate with people in prison and staff. The Independent Prison Visitors Program is run by the Justice Assurance and Review Office. If the prison manager has 24 hours’ notice of an intended visit by an independent prison visitor, a notice must be posted in the prison that is noticeable to people in the prison and prison officers of the time and date of the intended visit. The prison manager must also bring to the attention of the independent prison visitor the names of people in prison and officers who have requested to see the independent prison visitor. Independent prison visitors are expected to report the results of their visits periodically to the Minister for Corrections. If they feel it is appropriate, they may discuss issues with the minister at any time. A list of independent prison visitors can be obtained from the prison manager of any prison. Complaints to the Victorian Ombudsman Under both the Ombudsman Act 1973 (Vic) and section 47(1)(j) of the Corrections Act, people in