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1997
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
The Bill also amends the Periodic Detention of Prisoners Act 1981 to allow
correctional officers to take identifying particulars of persons who are the
subject of orders for periodic detention.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the
Correctional Centres Act 1952 set out in Schedule 1.
Clause 4 is a formal provision giving effect to the amendments to the
Periodic Detention of Prisoners Act 1981 set out in Schedule 2.
Schedule 1 Amendment of Correctional Centres Act 1952
Custody of inmates while absent from correctional centres
Currently, section 29A of the Principal Act provides that, in certain
circumstances when an inmate is absent from a correctional centre, the
inmate is taken to continue to be in the custody of the governor of the
correctional centre. Schedule 1 [2] substitutes section 29A of the Principal
Act to include other circumstances authorised by the Act where an inmate is
absent from a correctional centre, for example, where an inmate is removed
from a correctional centre to another correctional centre, or from part of a
correctional centre to other premises that form part of that correctional centre,
or where an inmate is removed to a hospital for treatment. The new section
also provides that if the inmate is being escorted by a correctional officer of a
correctional centre, the inmate is taken to be in the custody of the governor of
that correctional centre. If the inmate is being escorted by a correctional
officer not employed in a particular correctional centre, the inmate is taken to
be in the custody of a person designated by the Commissioner of Corrective
Services.
Schedule 1 [1] and [9] contain consequential amendments.
Persons in custody may be kept in court cells during transit
Schedule 1 [3] inserts proposed section 29D into the Principal Act to enable
persons in lawful custody in certain circumstances to be accommodated in
court cells, lock-ups or police stations during transit if it is necessary or
convenient to do so.
Explanatory note page 2
Offences in places of detention
At present, Part 7 of the Principal Act contains offences relating to the
unauthorised introduction of articles (including drugs, syringes and
implements to aid escapes) into a correctional centre. Schedule 1 [4][8]
extend those offences to places where a person is kept in lawful custody in
certain specified circumstances (for example while awaiting trial or during
court proceedings).
Management of persons in lawful custody
Schedule 1 [10] inserts proposed section 42A into the Principal Act which
allows a person to be transferred into the keeping of certain correctional
officers during specified circumstances when the person is in lawful custody
and to be kept in a correctional centre, lock-up, police station, court cell or
any other place specified by a court. A person is taken to be in the custody of
an officer designated by the Commissioner of Corrective Services while in
such keeping and the designated officer has all the powers of a governor of a
correctional centre in relation to the person as if the person were an inmate.
Regulations may be made limiting the powers of the designated officer and
the additional rights of an inmate conferred on the person in custody.
The proposed section enables a warrant or court order committing a person to
lawful custody to be executed by a correctional officer engaged in court
security or escort duties even though the warrant or order on the face of it
may authorise some other officer to execute it.
Other minor amendments
Schedule 1 [11] contains an amendment by way of statute law revision.
Schedule 1 [12] enables regulations to be made of a savings and transitional
nature consequent on the enactment of the proposed Act.
Schedule 2
Amendment of Periodic Detention of
Prisoners Act 1981
Schedule 2 amends the Periodic Detention of Prisoners Act 1981 to enable
correctional officers to take identifying particulars of a person where a court
authorises the particulars to be taken on the making of an order for periodic
detention in respect of the person. At present this power is restricted to police
officers and other persons that a court specifically authorises.
Explanatory note page 3