Australian Capital Territory Numbered Acts

PERIODIC DETENTION ACT 1995 (NO 3 OF 1995)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      This Act may be cited as the Periodic Detention Act 1995.  

   PART II--PERIODIC DETENTION

   5.      The following core conditions shall be included in an order for periodic detention:  
   7.      A detainee shall, for the purposes of Part V of the Crimes Act 1900—  
   11.     The documents referred to in subsection 10 (1) may be served on or given to a person—  
   12.     In this Division—“drug” means—  
   13.     A sentence of periodic detention commences on the date specified in the order of the court under section 4.  
   14.     (1) A detainee shall serve his or her sentence by way of periodic detention in accordance with this Act.  
   15.     (1) The Director may, by order, direct a detainee—  
   18.     Where the Director makes an order under section 15, 16 or 17 he or she shall cause written notice of the order to be given to the detainee to whom the order relates.  
   19.     An order under section 15, 16 or 17 takes effect on the day on which the order is made, or if the order provides for a later date of effect, as so provided.  
   20.     For the purposes of this Act, a detainee shall be taken to be complying with an order for periodic detention if he or she serves his or her sentence in accordance with an order of the Director made under section 15, 16 or 17 in respect of the detainee and while the detainee complies with such an order that is inconsistent with a provision of an earlier order of the court or the Director in respect of the detainee, the earlier order shall, to the extent of the inconsistency, cease to have force or effect.  
   21.     A detainee who is aggrieved—  
   23.     (1) The manager of a detention centre may require a detainee who is reporting for, or otherwise serving, a detention period to submit to such test as may be prescribed to determine—  
   24.     (1) The Director may grant leave of absence from a detention period to any detainee for health reasons or on compassionate grounds or for such other reason as the Director considers sufficient.  
   26.     Where, on application by the Director or a detainee, the court that made the order for periodic detention in respect of the detainee is satisfied that the detainee is unlikely to be able to serve the remainder of his or her sentence within a reasonable time having regard to—  
   27.     (1) The Director or manager of a detention centre may, subject to any regulations made for the purposes of this subsection, give directions (not inconsistent with a provision of this Act or a regulation or an order in force under this Act) to any detainee for the purpose of securing the enforcement or observance of the provisions of this Act, a regulation or rule or an order in force under this Act.  
   29.     Where a detainee is convicted of an offence and sentenced on that conviction to a term of imprisonment, the court before which he or she is convicted may cancel the order for periodic detention that was made in respect of him or her.  
   33.     The Parole Act 1976 applies in relation to a term of imprisonment required to be served by a person as a result of the cancellation of a periodic detention order under section 29 or 30 as if—  
   34.     (1) Part V of the Crimes Act 1900 applies in relation to a person serving a term of imprisonment as a result of the cancellation of a periodic detention order under section 29 or 30.  

   PART III--CORRECTIVE SERVICES ADMINISTRATION

   38.     The Director may, by instrument published in the Gazette, authorise an officer to carry out a test prescribed under subsection 23 (1), if the officer has—  
   39.     The Director may delegate in writing any of the Director's powers under this Act to an officer.  
   40.     As required by the Director, an officer shall prepare reports and returns and keep records and, as required, provide the Director or a specified person or body with such reports, returns and records.  
   42.     The Minister may, by notice in the Gazette, declare a place to be a detention centre.  
   44.     A manager may delegate in writing any of his or her powers under this Part to a custodial officer.  
   45.     Where the manager is not on duty at a detention centre and there is—  
   46.     The Director may give directions to a manager in relation to the manner in which the manager discharges his or her responsibilities.  
   48.     A detainee is entitled—  
   49.     (1) Where a manager believes on reasonable grounds that it is necessary to do so—  
   50.     (1) Subject to this section, where a manager believes on reasonable grounds that it is necessary to do so—  
   51.     (1) A manager may use or direct the use of such force as is necessary and reasonable—  
   55.     An officer shall take all steps necessary to ensure that the Director or the Official Visitor, as the case requires, is informed as soon as practicable of a complaint of a detainee under section 21 or 54, as the case requires.  
   56.     A Judge, magistrate or a member of the Legislative Assembly nominated by the Assembly may, at any time, inspect a detention centre or other places at which detainees have been directed to work.  
   57.     A person shall not—  

   PART IV--MISCELLANEOUS

   59.     Nothing in this Act affects—  
   60.     The Executive may make regulations for the purposes of this Act and, in particular, may make regulations—  

   PART V--AMENDMENT OF OTHER LAWS

   61.     In this Division, “Principal Act” means the Coroners Act 1956.  
   62.     Section 2 of the Principal Act is amended—  
   63.     In this Division, “Principal Act” means the Crimes Act 1900.  
   64.     After section 151 of the Principal Act the following section is inserted in Part V:  
   65.     In this Part, “Principal Act” means the Remand Centres Act 1976.  
   66.     Section 6A of the Principal Act is amended by adding at the end of subsection (1) “and the Periodic Detention Act 1995”.