CORRECTIONS MANAGEMENT ACT 2007 - SECT 229 Regulation-making power

CORRECTIONS MANAGEMENT ACT 2007 - SECT 229

    (1)     The Executive may make regulations for this Act.

    (2)     In particular, a regulation may deal with any of the following:

        (a)     the administration of correctional centres;

        (b)     the detention of people in police and court cells;

        (c)     the escorting of detainees;

        (d)     living conditions at correctional centres, including the treatment of detainees;

        (e)     the inspection of correctional centres and investigation of complaints by detainees;

        (f)     the admission of detainees to correctional centres;

        (g)     the management and security of correctional centres, particularly in relation to any of the following:

              (i)     the assessment of risks and measures to contain risks;

              (ii)     the classification and management of detainees;

              (iii)     work or activities by detainees;

              (iv)     correctional centre routine;

              (v)     detainees' money or property;

              (vi)     communications by detainees with other people, whether by phone or mail or any other means;

              (vii)     the movement or segregation of detainees;

              (viii)     requirements for the wearing of uniforms by detainees;

              (ix)     searches of people or property and the seizure of property;

              (x)     alcohol or drug testing;

              (xi)     the use of force;

              (xii)     the analysis of things seized under this Act;

              (xiii)     access to correctional centres;

              (xiv)     good order and discipline;

              (xv)     release procedures;

        (h)     leave for detainees to be absent from correctional centres.

    (3)     For chapter 10 (Discipline), a detainee's entitlements in relation to chapter 6 (Living conditions at correctional centres) include anything expressed to be an entitlement in a regulation made for a provision of chapter 6.

    (4)     A regulation is taken to be consistent with this Act to the extent that it is capable of operating concurrently with this Act.

    (5)     A regulation may apply, adopt or incorporate a law of another jurisdiction or an instrument, or a provision of a law of another jurisdiction or instrument, as in force from time to time.

Note 1     The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act

, s 47 (5) or (6) is not disapplied (see  s 47 (7)).

Note 2     A notifiable instrument must be notified under the Legislation Act

.

    (6)     A regulation may create offences and fix maximum penalties of not more than 20 penalty units for the offences.

Note     Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act

.