CORRECTIONS MANAGEMENT ACT 2007 - SECT 140 Use of restraints or weapons

CORRECTIONS MANAGEMENT ACT 2007 - SECT 140

    (1)     The use of force under this part includes the use of restraints and weapons.

    (2)     The director-general must ensure, as far as practicable, that the use of force involving a restraint or weapon is proportionate to the circumstances, and in particular that—

        (a)     the circumstances are sufficiently serious to justify the use; and

        (b)     the kind of restraint or weapon is appropriate in the circumstances; and

        (c)     the restraint or weapon is used appropriately in the circumstances.

    (3)     The director-general must also ensure that restraints and weapons are only used under this part—

        (a)     by corrections officers trained to use them; and

        (b)     in accordance with a corrections policy or operating procedure that applies to their use.

    (4)     A health practitioner appointed under section 22 (Health practitioners—non-therapeutic functions) may administer a drug as a restraint, or direct the use of another form of restraint, if the health practitioner believes, on reasonable grounds, that is necessary and reasonable—

        (a)     to treat a detainee, particularly where the detainee's behaviour cannot be controlled otherwise; or

        (b)     to prevent a detainee inflicting self-harm, or harming someone else, particularly where other forms of restraint are unlikely to be effective; or

        (c)     to prevent the escape of a detainee, particularly while being transferred to or from a correctional centre or other place.

    (5)     The director-general must ensure that firearms are not used under this part unless someone's life is under threat or a detainee or other person offers armed resistance to a corrections officer or police officer exercising a function under this Act or another Act.

    (6)     In applying force under this part, a corrections officer may use a restraint or weapon, including any of the following:

        (a)     body contact;

        (b)     handcuffs, restraint jackets and other restraining devices;

        (c)     riot control equipment;

        (d)     a chemical agent;

        (e)     a gas gun;

        (f)     a firearm;

        (g)     anything else prescribed by regulation.