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CORRECTIONS MANAGEMENT ACT 2007 - SECT 92 Segregation—health

CORRECTIONS MANAGEMENT ACT 2007 - SECT 92

Segregation—health

    (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—

        (a)     to assess the detainee's physical or mental health; or

        (b)     to protect anyone (including the detainee) from harm because of the detainee's physical or mental health; or

        (c)     to prevent the spread of disease.

    (2)     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.

    (3)     The director-general must revoke the direction if the director-general believes, on reasonable grounds, that the direction is no longer necessary or prudent.

    (4)     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)     must review the direction on request by a doctor appointed under section 21 (Doctors—health service appointments); and

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

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

    (5)     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 (3).

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

    (7)     When acting under subsection (1), (3) or (4), the director-general must have regard to any advice given by a doctor appointed under section 21 (Doctors—health service appointments) in relation to the segregation of the detainee.