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CORRECTIONS MANAGEMENT ACT 2007 - SECT 55 Religious, spiritual and cultural needs

CORRECTIONS MANAGEMENT ACT 2007 - SECT 55

Religious, spiritual and cultural needs

    (1)     The director-general must ensure, as far as practicable, that provision is made at correctional centres for the religious, spiritual and cultural needs of detainees.

Examples of religious, spiritual or cultural needs

1     observances and practices relating to religious or spiritual beliefs, including indigenous spiritual beliefs

2     observances or practices arising because a person belongs to a particular culture

    (2)     In particular, the director-general must ensure, as far as practicable, that detainees have reasonable access to—

        (a)     ministers of religion and other people with standing in a particular culture whom detainees wish to see for religious, spiritual or cultural purposes; and

        (b)     religious services at the correctional centre; and

        (c)     books and other articles associated with their religious, spiritual or cultural practices.

    (3)     However, the director-general may give directions denying or limiting a detainee's access under subsection (1) or (2) if the director-general suspects, on reasonable grounds, that it may—

        (a)     undermine security or good order at a correctional centre; or

        (b)     revictimise a victim; or

        (c)     circumvent any process for investigating complaints or reviewing decisions under this Act; or

        (d)     cause community distress.

    (4)     A detainee must not be required to receive a visit from anyone representing a particular religion, spiritual belief or culture, or attend any related service or practice, if the detainee does not wish to do so.

    (5)     For chapter 10 (Discipline), subsections (1) and (2) are taken to provide an entitlement for each detainee in relation to religious observance.

    (6)     In this section:

"minister of religion" means—

        (a)     a person registered under the Marriage Act 1961

(Cwlth), part 4.1 (Authorised celebrants); or

        (b)     a person prescribed by regulation.