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Act index » Part 3 - Sentences » Division 2 - Custodial orders Subdivision (1)—Imprisonment
10AA Custodial sentence for certain offences against emergency workers, custodial officers and youth justice custodial workers on duty
(1)Subject to subsection (2), in sentencing an offender (whether on appeal or otherwise) for an offence against a section of the Crimes Act 1958 specified in column 1 of Table 1 committed against an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty, a court must impose a term of imprisonment and fix under section 11 a non-parole period of not less than the period specified in column 2 of that Table in relation to that offence unless the court finds under section 10A that a special reason exists. TABLE 1 Column 2 Column 1 Minimum non-parole Offence period Section 15A 5 years Section 15B 5 years Section 16 3 years Section 17 2 years
Section 11(3) requires that a non-parole period must be at least 6 months less than the term of the sentence.
(2)In the circumstances described in subsection (3), in sentencing a young offender for an offence against a section of the Crimes Act 1958 specified in column 1 of Table 2 committed against an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty, a court is not required to impose a term of imprisonment and fix a non-parole period in accordance with subsection (1) or impose a term of imprisonment in accordance with subsection
(4)but, if it decides not to do so, it must make a youth justice centre order for a term not less than the term specified in column 2 of that Table in relation to that offence. TABLE 2 Column 1 Column 2 Minimum youth justice Offence centre term Section 16 3 years Section 17 2 years Section 18 6 months
(i)that there are reasonable prospects for the rehabilitation of the young offender; or
(ii)that the young offender is particularly impressionable, immature or likely to be subjected to undesirable influences in an adult prison.
(4)In sentencing an offender (whether on appeal or otherwise) for an offence against section 18 of the Crimes Act 1958 committed against an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty, a court must impose a term of imprisonment of not less than 6 months unless the court finds under section 10A that a special reason exists.
(5)Subsections (1), (2) and (4) apply to a court in sentencing an offender for the offence only if it is satisfied beyond reasonable doubt that—
(a)a victim of the offence was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty (as the case may be); and
(b)at the time of carrying out the conduct the offender knew or was reckless as to whether the victim was an emergency worker or a custodial officer or a youth justice custodial worker (as the case may be).
(6)Subsections (1), (2) and (4) do not apply to an offender—
(a)who is involved in the commission of the offence within the meaning of section 323(1)(a) or (b) of the Crimes Act 1958 and proves on the balance of probabilities that the offender's involvement was minor; or
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(b)who is under the age of 18 years at the time of the commission of the offence.
S. 10AA(8) def. of custodial officer inserted by No. 28/2016 s. 3(4).
(a)a Governor, prison officer or escort officer within the meaning of the Corrections Act 1986; or
(b)a police custody officer within the meaning of the Victoria Police Act 2013; or
(c)a person authorised under section 9A(1) of the Corrections Act 1986 to exercise a function or power of a Governor, a prison officer or an escort officer under that Act; or
(d)a person authorised under section 9A(1A) or (1B) of the Corrections Act 1986 to exercise a function or power referred to in that subsection;
emergency treatment means unplanned or unexpected treatment of a patient that may be necessary, as a matter of urgency—
(a)to save the patient's life; or
(b)to prevent damage to the patient's health; or
(c)to prevent the patient from suffering or continuing to suffer pain or distress;
emergency worker means—
S. 10AA(8) def. of emergency worker amended by Nos 48/2018 s. 78(3), 20/2019 s. 187, 49/2019 s. 186(Sch. 4 item 37.1), 23/2020 s. 4(2), 25/2025 s. 106(Sch. 1 item 41.1).
(c)a person employed or engaged to provide, or support the provision of, emergency treatment to patients in a hospital; or
(d)a person employed by Fire Rescue Victoria established under the Fire Rescue Victoria Act 1958 or a member of a fire or emergency service unit established under that Act; or
(f)an officer or member of a brigade under the Country Fire Authority Act 1958, whether a part-time officer or member, a permanent officer or member or a volunteer officer or member within the meaning of that Act; or
(i)a person with emergency response duties employed in the Department of Energy, Environment and Climate Action or the Department of Transport and Planning or the Department of Jobs, Skills, Industry and Regions; or
(k)a volunteer emergency worker within the meaning of the Emergency Management Act 1986; or
(l)any other person or body—
(i)required or permitted under the terms of their employment by, or contract for services with, the Crown or a government agency to respond (within the meaning of the Emergency Management Act 2013) to an emergency (within the meaning of that Act); or
(ii)engaged by the Crown or a government agency to provide services or perform work in relation to a particular emergency; or
(m)any other person or body who—
(i)is employed or engaged in another State or a Territory or by the Commonwealth to perform functions of a similar kind to those referred to in any other paragraph of this definition; and
(ii)is on duty in Victoria;
hospital means a public hospital, private hospital, denominational hospital or day procedure centre within the meaning of the Health Services Act 1988;
S. 10AA(8) def. of hospital amended by No. 43/2017 s. 46(3)(a).
youth justice custodial worker means a person—
S. 10AA(8) def. of youth justice custodial worker inserted by No. 43/2017 s. 46(3)(b), amended by No. 45/2019 s. 50(2).
(b)whose duties include duties in relation to detainees in the custody of the Secretary.
(9)For the purposes of this section an emergency worker is on duty if—
(a)in the case of a police officer or protective services officer within the meaning of the Victoria Police Act 2013, the officer is performing any duty or exercising any power as such an officer; or
(b)in the case of an operational staff member within the meaning of the Ambulance Services Act 1986, the staff member is providing, or attempting to provide, care or treatment to a patient; or
(c)in the case of a person employed or engaged to provide, or support the provision of, emergency treatment to patients in a hospital, the person is providing, or supporting the provision of, or attempting to provide or support the provision of, such treatment; or
(ca)in the case of a person employed or engaged in another State or a Territory or by the Commonwealth to perform functions of a similar kind to an emergency worker, the person is on duty at any time when the person is performing a function or exercising a power as an emergency worker; or
(d)in any other case, the person is performing any duty or exercising any power in response to an emergency within the meaning of the Emergency Management Act 2013.
(10)For the purposes of this section a custodial officer is on duty if—
(a)in the case of a Governor, prison officer or escort officer within the meaning of the Corrections Act 1986, the Governor or officer is exercising a function or power as a Governor, prison officer or escort officer (as the case may be); or
(b)in the case of a police custody officer within the meaning of the Victoria Police Act 2013, the officer is exercising a function or power as a police custody officer; or
(c)in the case of a person authorised under section 9A(1) of the Corrections Act 1986 to exercise a function or power of a Governor, a prison officer or an escort officer under that Act, the person is exercising a function or power specified in the instrument of authorisation; or
(d)in the case of a person authorised under section 9A(1A) or (1B) of the Corrections Act 1986, the person is exercising a function or power specified in the instrument of authorisation.
(11)For the purposes of this section, a youth justice custodial worker is on duty at any time when he or she is performing a function or exercising a power as a youth justice custodial worker.