CORRECTIONS MANAGEMENT ACT 2007 - SECT 152 Meaning of disciplinary breach

CORRECTIONS MANAGEMENT ACT 2007 - SECT 152

For a detainee, each of the following is a disciplinary breach :

        (a)     contravening a direction given to the detainee by the director-general or a corrections officer under this Act or the Crimes (Sentence Administration) Act 2005

;

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act

, s 104).

        (b)     being in a prohibited area, without the director-general's approval;

        (c)     smoking in a nonsmoking area at a correctional centre;

        (d)     taking (in any way) alcohol or a drug into the detainee's body;

        (e)     providing a positive test sample for alcohol or a drug when directed, under this Act or the Crimes (Sentence Administration) Act 2005

, to provide a test sample;

        (f)     making, possessing, concealing, knowingly consuming or dealing with a prohibited thing, without the director-general's approval;

        (g)     gambling;

        (h)     being disrespectful or abusive towards a corrections officer in a way that undermines the officer's authority;

              (i)     being disrespectful or abusive towards someone in a way that is likely to provoke a person to be violent;

        (j)     intentionally or recklessly engaging in conduct that endangers, or may endanger, the health or safety of the detainee or anyone else;

        (k)     fighting;

        (l)     assaulting someone else;

        (m)     theft;

        (n)     possessing stolen property;

        (o)     possessing or dealing in things without the director-general's approval;

        (p)     intentionally or recklessly damaging or destroying property belonging to someone else;

        (q)     interfering with property belonging to someone else, without approval by the owner of the property;

        (r)     interfering with anyone's personal monitoring device without the director-general's approval;

        (s)     creating or participating in a disturbance, or other activity, likely to endanger security or good order at a correctional centre;

        (t)     contravening a condition of any of the following:

              (i)     a direction under section 204 (Local leave directions);

              (ii)     a local leave permit;

              (iii)     an interstate leave permit;

        (u)     doing anything for the purpose of escaping, or assisting a detainee to escape, from detention;

              (v)     offering, giving or taking a bribe;

        (w)     attempting, or assisting anyone else attempting, to commit another disciplinary breach;

              (x)     threatening to do anything mentioned in paragraphs (j), (k), (l), (p) or (s);

        (y)     anything else prescribed by regulation.

Examples of contravening director-general directions—par (a)

failing to comply with a direction by the director-general to provide a test sample or submit to a search under this Act