CORRECTIONAL SERVICES ACT 2014
Table of Provisions
CHAPTER 1--PRELIMINARY MATTERS
PART 1.1--FORMAL MATTERS
PART 1.2--INTERPRETATION
- 4 Definitions
- 5 Offenders
- 6 Prisoners
- 7 Non-custodial offenders
- 8 Committal or remand into the custody of the Commissioner
- 9 Lawful custody and unlawful absence
- 10 Meaning of General Manager
CHAPTER 2--CORRECTIONAL SERVICES ADMINISTRATION
PART 2.1--CORRECTIONAL SERVICES ESTABLISHMENTS
- 11 Correctional services establishments
- 12 Correctional centres
- 13 Police custody centres
- 14 Court custody centres
- 15 Community correctional facilities
PART 2.2--CORRECTIONAL SERVICES OFFICERS
Division 1--General
- 16 Correctional services officers
Division 2--Commissioner of Correctional Services
- 17 Commissioner of Correctional Services
- 18 Functions of Commissioner
- 19 Powers of Commissioner
- 19A Commissioner to facilitate ICAC access
- 20 Delegation
Division 3--Other correctional services officers
- 21 General Managers of correctional centres
- 22 General Managers of police custody centres and court custody centres
- 23 Regional Managers
- 24 Correctional officers
- 25 Probation and parole officers
PART 2.3--OFFICIAL VISITORS
Division 1--Appointment
Division 2--Visiting
- 29 Frequency of visits
- 30 Inquiry and report by official visitor
- 31 Official visitor not to interfere
- 32 Minister's guidelines
PART 2.4--GENERAL MATTERS
- 33 Volunteer functions
- 34 Volunteers
- 35 Correctional services dogs
- 36 Compliance with Commissioner's Directions
- 37 Alcohol and drug testing of officers and employees
CHAPTER 3--CUSTODIAL CORRECTIONAL FACILITIES
PART 3.1--MANAGEMENT OF PRISONERS
Division 1--Prisoners generally
Subdivision 1--General matters- 38 Where prisoners to be held
- 39 Movement of prisoners
- 40 Separation of classes of prisoners
- 41 General Manager may separate prisoner
- 42 Behaviour generally Subdivision 2--Prisoner's property
- 43 Definition
- 44 Commissioner to determine allowable items
- 45 Possession of personal items
- 46 Confiscation of prohibited things, things connected with offence Subdivision 3--Searches
- 47 Searches of prisoners
- 48 Searches involving removal of clothing
- 49 Intimate searches
- 50 Conducting an intimate search Subdivision 4--Testing
- 51 Alcohol and drug testing of prisoners
- 52 Buccal swabs
- 53 Identity confirmation Subdivision 5--Work
- 54 Commissioner may direct prisoner to work
- 55 Payment for work
- 56 Commercial activity Subdivision 6--Children
- 57 Commissioner may permit child to reside with prisoner
- 58 Child related social security benefits Subdivision 7--Religion and belief systems
- 59 Performance of religious practices
- 60 Religious and spiritual advisors Subdivision 8--Release
- 61 Release from custody
- 62 Early release
- 63 Transport of prisoner on release
Division 2--Youth
- 64 Transfer of youth prisoner to youth detention centre
- 65 Transfer of youth back to custodial correctional facility
- 67 Sentence continues to run
Division 3--Misconduct
- 68 Definitions
- 69 Misconduct
- 70 Charge of misconduct
- 71 Proceedings for charge of misconduct
- 72 Representation of prisoner
- 73 Decision
- 74 Prisoner may request review
- 75 Person to conduct review
- 76 Decision on review
- 77 Further review
- 78 Penalties for misconduct
- 79 Stay of imposition of penalty pending review
- 80 Restitution for damage caused by misconduct
Division 4--Health care for prisoners
- 81 Definitions
- 82 Commissioner to arrange health care
- 83 Access to and by health practitioners
- 84 Access to health information
- 85 Recommendations of health practitioner
- 86 Prisoner may be taken to health care facility
- 87 Arrangements with health care facilities
- 88 Health care generally to be provided by NT Regional Health Services
- 89 CEO Health to provide health information on request
- 90 Birth to be at health care facility
- 91 Notification of critical illness or injury or death
- 92 Provision of health care without consent
- 93 Administration of medication to prevent harm
PART 3.2--VISITS AND COMMUNICATION
Division 1--Visits
- 94 Definitions
- 95 Visit by priority visitors
- 96 Visit by prisoner's legal practitioner
- 97 Other visitors
- 98 Commissioner may prohibit visits
- 99 General Manager may refuse entry
- 100 Person may be directed to leave custodial correctional facility
- 101 Correctional officer may prevent entry or remove person
- 102 Observation and recording visits
Division 2--Telephone calls
Division 3--Mail
- 106 Prisoner may send and receive mail
- 107 Searches of mail
- 108 Disclosure of information to correctional officers
PART 3.3--LEAVE PERMITS
Division 1--General matters
- 109 Leave permits
- 110 Duration of leave permit
- 111 Conditions on leave permit
- 112 Effect of leave permit on lawful custody
- 113 Variation or revocation of leave permit
- 114 Unlawfully absent prisoner may be returned to place authorised by permit
- 115 Liability of Territory to maintain prisoner on leave
- 116 Rules of natural justice do not apply
- 117 Decisions not reviewable
Division 2--General leave permits
Division 3--Interstate custodial leave permits
- 120 Definitions
- 121 Corresponding interstate laws
- 122 Issue of interstate custodial leave permit
- 123 Effect of permit
- 124 Appointment of escorts
- 125 Variation or revocation of permit
- 126 Notice to participating States and transit States
- 127 Failure to comply with conditions of interstate custodial leave permit
- 128 Effect of permit issued under corresponding law
- 129 Escape from custody of interstate prisoner
Division 4--Foreign legal matters leave permit
- 130 Commissioner may issue foreign legal matters leave permit
Division 5--Administrative home detention permits
- 131 Definition
- 132 Commissioner may issue permits
- 133 Circumstances in which permit may be issued
- 134 Duration of permit
- 135 Compulsory conditions on permit
- 136 Non-custodial offender provisions apply
PART 3.4--MAINTAINING SECURITY AND GOOD ORDER -- USE OF FORCE
- 137 Correctional officer to maintain security and good order
- 138 Limitations of use of force
- 139 Firearms and other weapons
- 140 Commissioner to manage use of force
- 141 Arrest of unlawfully absent prisoner
PART 3.5--GENERAL MATTERS ABOUT CUSTODIAL CORRECTIONAL FACILITIES
Division 1--Matters relating to people and things at custodial correctional facility
- 142 Name and address to be provided
- 143 Proof of identity
- 144 Search of persons at facility
- 145 Alcohol and drug testing of persons at facility
- 146 Correctional officer may prevent entry or remove person
- 147 Search of vehicles
- 148 Search of custodial correctional facility
- 149 Person loitering may be directed to leave vicinity
- 150 Arrest of person suspected of offence
Division 2--Searches, confiscation and confiscated things
- 151 Definitions
- 152 Conduct of searches – use of devices and dogs
- 153 Confiscation of protected/legal items
- 154 Inspection of purported protected/legal items
- 155 General Manager to deal with inspected items
- 156 Nomination of nominated examiners
- 157 Dealing with confiscated things
- 158 Dealing with seized things
- 159 Disclosure of information about unlawful or improper conduct
Division 3--Administrative matters
- 160 General Manager may declare things to be prohibited
- 161 Commissioner to maintain trust accounts
- 162 Commissioner may charge fees
- 163 Use of custodial correctional facilities to accommodate sheriff's detainees
- 164 Act etc. to be made available
CHAPTER 4--NON-CUSTODIAL OFFENDERS AND COMMUNITY CORRECTIONAL FACILITIESNOTES FOR CHAPTER
PART 4.1--NON-CUSTODIAL OFFENDERS
- 165 Definitions
- 166 Non-custodial orders
- 167 Approval of rehabilitation programs and work
- 168 Approval of monitoring devices
- 169 Direction by probation and parole officer
- 170 Commissioner may direct use of monitoring device
- 171 Compliance with monitoring order
- 172 Alcohol and drug testing
PART 4.2--COMMUNITY CORRECTIONAL FACILITIES
CHAPTER 5--GENERAL MATTERS
PART 5.1--OFFENCES
Division 1--Offences relating to prisoners
- 175 Possession of things by prisoners
- 176 Nothing to pass to or from prisoner
- 177 Leaving things for prisoner
- 178 Communicating with prisoner
Division 2--Offences relating to custodial correctional facility
- 179 Entering custodial correctional facility without authority
- 180 Person directed to leave custodial correctional facility
- 181 Person loitering in vicinity of custodial correctional facility
- 182 Possession of things at custodial correctional facility
- 183 Removal of property from a custodial correctional facility
- 184 Unauthorised photograph or recording
- 185 Failure to provide name and address
Division 3--Administration related offences
- 186 Falsely representing to be correctional services officer
- 187 Obstruction of correctional services officer
- 188 Misleading information
- 189 Confidentiality of information
Division 4--Miscellaneous offences
- 190 Failure to provide name and address at community correctional facility
- 191 Tampering with samples for alcohol/drug tests
- 192 Name change by prisoner or parolee
- 193 Harming correctional services dog
PART 5.2--MISCELLANEOUS MATTERS
Division 1--Administrative matters
- 194 Approvals for identification systems
- 195 Alcohol and drug testing
- 196 Criminal history to be provided
- 197 Records to be kept
- 198 Damage to property – cost recoverable by Territory
Division 2--Legal matters
- 199 Protection from liability
- 200 Prosecutions
- 201 Evidentiary matters in relation to prescribed alcohol/drug tests
- 202 Civil proceedings
- 203 Acquisition on just terms
Division 3--Miscellaneous matters
- 204 Training in relation to dangerous drugs
- 205 Commissioner's Directions
- 206 Approved forms
- 207 Regulations
CHAPTER 6--REPEALS AND TRANSITIONAL PROVISIONS
PART 6.1--REPEAL
- 208 Repeal
PART 6.2--TRANSITIONAL PROVISIONS FOR CORRECTIONAL SERVICES ACT 2014
- 209 Definitions
- 210 Custodial correctional facilities
- 211 Correctional services officers
- 212 Official visitors
- 213 Misconduct – existing charges
- 214 Misconduct – prior conduct may be charged under this Act
- 215 Leave
- 216 Prisoner's trust accounts
- 217 Commissioner's Directions
- 218 Regulations
- 219 Other statutory instruments
- 220 Continuation of ongoing things
- 221 Court orders, warrants of commitment
- 222 Definition of prisoner
- 223 Confidentiality of information