CORRECTIONS MANAGEMENT ACT 2007
Table of Provisions
CHAPTER 1--PRELIMINARY
- 1 Name of Act
- 3 Dictionary
- 4 Notes
- 5 Offences against Act—application of Criminal Code etc
- 6 Application of Act—detainees
CHAPTER 2--OBJECTS AND PRINCIPLES
- 7 Main objects of Act
- 8 Management of correctional services
- 9 Treatment of detainees generally
- 10 Treatment of remandees
- 11 Treatment of certain detainees
- 12 Correctional centres—minimum living conditions
CHAPTER 3--ADMINISTRATION
PART 3.1--ADMINISTRATION--GENERAL
- 13 Ministerial directions to director-general
- 14 Corrections policies and operating procedures
- 15 Exclusions from notified corrections policies and operating procedures
- 16 Director-general directions
- 17 Director-general delegations
- 18 Chief police officer delegations
PART 3.2--CORRECTIONS OFFICERS
- 19 Corrections officers—appointment
- 20 Corrections officers—functions
- 21 Doctors—health service appointments
- 22 Health practitioners—non-therapeutic functions
- 23 Identity cards
PART 3.3--CORRECTIONAL CENTRES
PART 3.4--ADMINISTRATION--SPECIAL PROVISIONS
CHAPTER 4--DETENTION IN POLICE AND COURT CELLS ETC
- 29 Definitions—ch 4
- 30 Detention in police cells
- 31 Detention in police cells—search powers etc
- 31A Detention in police cells—additional provisions for young
- 32 Other police powers not limited
- 33 Detention in court cells
- 33A Detention in court cells—additional provisions for young
- 34 Detainees accommodated away from correctional centre
CHAPTER 5--ESCORTING DETAINEES
- 35 Escort officer functions etc
- 36 Escorting arrested person to court etc
- 37 Custody etc during proceedings
- 38 Executing warrants of imprisonment or remand etc
- 39 Other powers not limited
CHAPTER 6--LIVING CONDITIONS AT CORRECTIONAL CENTRES
- 40 Food and drink
- 41 Clothing
- 42 Personal hygiene
- 43 Sleeping areas
- 44 Treatment of convicted and non-convicted detainees
- 45 Access to open air and exercise
- 46 Communication with family and others
- 47 Telephone calls
- 48 Mail
- 49 Visits by family members etc
- 50 Contact with accredited people
- 51 Visits—protected communications
- 52 News and educational services
- 53 Health care
- 54 Transfers to health facilities
- 54A Transfer to mental health facility—notice of change in status
- 55 Religious, spiritual and cultural needs
CHAPTER 7--ACCESS TO AND INSPECTION OF CORRECTIONAL CENTRES
- 56 Independent inspections
- 56A Access to correctional centres
- 57 Official visitors—meaning of entitled person and visitable
- 62 Relationship with other inspection laws
CHAPTER 8--ADMISSION TO CORRECTIONAL CENTRES
- 63 Meaning of admission to correctional centre
- 64 Authority for detention
- 65 Identification of detainees
- 66 Information about entitlements and obligations
- 67 Initial assessment
- 68 Health assessment
- 69 Alcohol and drug tests on admission
- 70 Strip search on admission
- 71 Property of detainees
- 72 Security classification
- 73 Case management plan
- 74 Entries in register of detainees
CHAPTER 9--MANAGEMENT AND SECURITY
PART 9.1--MANAGEMENT AND SECURITY--GENERAL
- 75 Compliance with director-general's directions
- 76 Register of detainees
- 77 Health reports
- 78 Case management plans—scope etc
- 79 Transgender and intersex detainees—sexual identity
- 80 Security classification—basis etc
- 81 Prohibited things
- 82 Possession of prohibited things
- 83 Work by detainees
- 84 Trust accounts for detainees
- 85 Prohibited areas
- 86 Nonsmoking areas
- 87 Management and security—corrections policies and operating
PART 9.2--SEGREGATION
- 88 Meaning of segregation
- 89 Segregation under pt 9.2—purpose
- 90 Segregation—safety and security
- 91 Segregation—protective custody
- 92 Segregation—health
- 93 Interstate segregated detainees transferred to ACT
- 94 Segregated detainees removed to NSW
- 95 Segregation not to affect minimum living conditions
- 96 Application for review of segregation directions
- 97 Review of segregation directions
- 98 Other separation of detainees
PART 9.3--MONITORING
- 99 Monitoring—general considerations
- 100 Monitoring at correctional centres
- 101 Personal monitoring devices
- 102 Interfering with personal monitoring devices
- 103 Monitoring telephone calls etc
- 104 Monitoring ordinary mail
- 105 Monitoring protected mail
- 106 Mail searches—consequences
PART 9.4--SEARCHES
Division 9.4.1--Searches—general
- 107 Definitions—searches
- 108 Intrusiveness of searches
- 109 Searches of transgender and intersex detainees
- 110 Register of strip and body searches
Division 9.4.2--Scanning, frisk and ordinary searches
- 111 Scanning, frisk and ordinary searches—direction to search
- 112 Scanning, frisk and ordinary searches—requirements for search of
- 112A Scanning and ordinary searches—direction to search
- 112B Scanning and ordinary searches—requirements for search of
- 112C Frisk searches—direction to search non-detainee
- 112D Frisk searches—requirements for search of non-detainee
Division 9.4.3--Strip searches
- 113 Meaning of seizeable item—div 9.4.3
- 113A Strip searches—when may be conducted
- 113B Strip searches—on suspicion
- 113C Strip searches—where prudent
- 114 Strip searches—presence of corrections officers
- 115 Strip searches—general rules
Division 9.4.4--Body searches
- 116 Body searches—directions
- 117 Body searches—presence of nurse and corrections officers
- 118 Body searches—assistance from corrections officer
- 119 Body searches—rules about detainee's clothing
- 120 Body searches—rules about touching detainee
- 121 Body searches—seizing things
Division 9.4.5--Searches of premises and property
- 122 Searches—premises and property
- 123 Searches of detainee cells—legally privileged material
- 124 Searches of detainee cells—suspected legally privileged
Division 9.4.6--Searches—miscellaneous
PART 9.5--SEIZING PROPERTY
- 127 Seizing mail etc
- 128 Seizing property—general
- 129 Receipt for seizure
- 130 Forfeiture of things seized
- 131 Return of things seized but not forfeited
PART 9.6--ALCOHOL AND DRUG TESTING
Division 9.6.1--General
Division 9.6.2--Alcohol and drug testing—detainees
Division 9.6.3--Alcohol and drug testing—corrections officers etc
- 136 Alcohol and drug testing of corrections officers etc
PART 9.7--USE OF FORCE
- 137 Managing use of force
- 138 Authorised use of force
- 139 Application of force
- 140 Use of restraints or weapons
- 141 Medical examination after use of force
- 142 Reporting use of force
PART 9.8--ACCESS TO CORRECTIONAL CENTRES
- 143 Visiting conditions
- 144 Notice of visiting conditions
- 145 Taking prohibited things etc into correctional centre
- 146 Directions to visitors
- 147 Searches of visitors
- 148 Directions to leave correctional centre etc
- 149 Removing people from correctional centre
CHAPTER 10--DISCIPLINE
PART 10.1--GENERAL
- 150 Application—ch 10
- 151 Definitions—discipline
- 152 Meaning of disciplinary breach
- 153 Meaning of investigator
- 154 Meaning of privilege
- 155 Overlapping disciplinary breaches and criminal offences
PART 10.2--DISCIPLINARY INVESTIGATIONS
Division 10.2.1--Investigation of disciplinary breaches
- 156 Report etc by corrections officer
- 157 Investigation by investigator
- 158 Action by presiding officer
- 159 Disciplinary charge
Division 10.2.2--Investigative segregation
- 160 Director-general directions—investigative segregation
- 161 Grounds for investigative segregation
- 162 Notice of investigative segregation
- 163 Duration of investigative segregation
- 164 Application for review of investigative segregation directions
- 165 Review of investigative segregation directions
PART 10.3--DISCIPLINARY ACTION AND REVIEW
Division 10.3.1--Disciplinary action—with accused's consent
- 167 Disciplinary breach admitted by accused
- 168 Presiding officer's powers—breach admitted by accused
Division 10.3.2--Internal disciplinary inquiry
Division 10.3.3--Internal review of inquiry decision
- 173 Application for review of inquiry decision
- 175 Review of inquiry decision
- 176 Director-general's powers after further inquiry
Division 10.3.4--External review of inquiry decisions
- 177 Appointment of adjudicator
- 178 Application for review by adjudicator
- 179 Review by adjudicator
- 180 Adjudicator's powers after review
Division 10.3.5--Disciplinary action
- 181 Application—div 10.3.5
- 182 Meaning of relevant presiding officer—div 10.3.5
- 183 Disciplinary action by relevant presiding officer
- 184 Administrative penalties
- 185 Reparation
- 186 Maximum administrative penalties
- 187 Separate confinement conditions
- 188 Privileges and entitlements—impact of discipline
- 189 Record of disciplinary action
CHAPTER 11--DISCIPLINARY INQUIRIES
PART 11.1--CONDUCT OF DISCIPLINARY INQUIRIES--GENERAL
PART 11.2--DISCIPLINARY INQUIRY PROCEDURES
- 192 Nature of disciplinary inquiries
- 193 Application of Criminal Code, ch 7
- 194 Notice of disciplinary inquiry etc
- 195 Conduct of disciplinary inquiries
- 196 Presiding officer may require official reports
- 197 Presiding officer may require information and documents
- 198 Possession of inquiry documents etc
- 199 Record of inquiry
PART 11.3--DISCIPLINARY HEARING PROCEDURES
- 200 Notice of disciplinary hearing
- 201 Appearance at disciplinary hearing
- 202 Rights of accused at disciplinary hearing
- 203 Appearance at disciplinary hearing—audiovisual or audio link
CHAPTER 12--FULL-TIME DETAINEES—LEAVE
PART 12.1--LOCAL LEAVE
PART 12.2--INTERSTATE LEAVE
Division 12.2.1--General
Division 12.2.2--ACT permits for interstate leave
- 208 Interstate leave permits
- 209 Effect of ACT permit for interstate leave
- 210 Notice to participating States
- 211 Powers of escort officers
- 212 Liability for damage etc
Division 12.2.3--Interstate leave under corresponding leave laws
- 213 Effect in ACT of interstate leave permit under corresponding leave
- 214 Powers of interstate escort officers
- 215 Escape of interstate detainee
- 216 Return of escaped interstate detainee
CHAPTER 13--MISCELLANEOUS
- 217 Lawful temporary absence from correctional centre
- 217A Power of court to bring detainee before it—civil proceeding
- 218 Detainee's work—no employment contract etc
- 219 Detainee's work—work health and safety
- 220 Personal injury management—detainees etc
- 222 Confidentiality
- 223 Protection from liability
- 224 Corrections dogs
- 225 Declaration of corresponding corrections law
- 226 Evidentiary certificates
- 227 Determination of fees
- 228 Approved forms
- 229 Regulation-making power
- 230 Review of strip search on admission provision DICTIONARY ENDNOTES