• Specific Year
    Any

CORRECTIONS MANAGEMENT ACT 2007 - SECT 90 Segregation—safety and security

CORRECTIONS MANAGEMENT ACT 2007 - SECT 90

Segregation—safety and security

    (1)     The director-general may direct that a detainee be segregated from other detainees if the director-general believes, on reasonable grounds, that the segregation is necessary or prudent to protect—

        (a)     the safety of anyone else at a correctional centre; or

        (b)     security or good order at a correctional centre.

    (2)     When making a direction under this section, the director-general must also have regard to any relevant, known cultural consideration and the likely impact of segregation on the health and wellbeing of the detainee.

    (3)     The director-general must give the detainee prompt notice of the direction, why it was given, when it takes effect and the provisions for its duration and review under this part.

    (4)     The director-general must revoke the direction if the director-general believes, on reasonable grounds, that the protection mentioned in subsection (1) is no longer necessary or prudent.

    (5)     The director-general—

        (a)     may review the direction at any time, on the director-general's own initiative or on request by the detainee; and

        (b)     if the detainee is to be transferred to another correctional centre for longer than 1 day—must review the direction before the transfer; and

        (c)     must review the direction at least once every 21 days while it remains in force.

    (6)     After reviewing the direction, the director-general may—

        (a)     confirm the direction; or

        (b)     make a further direction under subsection (1); or

        (c)     revoke the direction under subsection (4).

    (7)     To remove any doubt, the director-general may make more than 1 further direction under this section.

    (8)     Subject to this section and section 94 (Segregated detainees removed to NSW), a direction ends at the end of—

        (a)     28 days after the day it is given; or

        (b)     if subsection (6) (b) applies—90 days after the day the further direction, or latest further direction, is given.