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CORRECTIONAL SERVICES REGULATIONS 2014 - SCHEDULE 1

CORRECTIONAL SERVICES REGULATIONS 2014 - SCHEDULE 1

Schedule 1     Misconduct

regulation 3

1     Failing to comply with a provision of the Act that requires a prisoner to do or not do something.

Examples for item 1

Provisions of the Act that require a prisoner to do or not do something include the following:

(a)     section 42(1) – compliance with general routine of custodial correctional facility;

(b)     section 42(2) – compliance with directions;

(c)     section 51(1) – alcohol/drug testing;

(d)     section 52(1) – buccal swabs;

(e)     section 53(1) – identity confirmation.

2     Conduct that constitutes an offence against the Act.

Examples for item 2

Offences against the Act include the following:

(a)     section 176(2) – giving something to another person;

(b)     section 183 – removing something from custodial correctional facility;

(c)     section 187 – obstructing a correctional services officer;

(d)     section 188 – giving misleading information to a correctional services officer;

(e)     section 191 – tampering with a sample given or taken for an alcohol/drug test.

3     Conduct that is riotous, disorderly or otherwise threatens the security and good order of a custodial correctional facility.

4     Being unlawfully absent from a custodial correctional facility.

5     Being in part of a custodial correctional facility in which the prisoner is not authorised to be.

6     Failing to attend a muster, or avoiding a count, of prisoners.

7     Sexually harassing a person.

8     Conduct (including using language) that is insulting or threatening.

9     Abusing the prisoner's rights to receive visits, send and receive mail and make and receive telephone calls.

Examples for item 9

Conduct that might constitute such abuse includes the following:

(a)     sending mail that purports to be a protected/legal item but is not;

(b)     making a telephone call to a person who the prisoner is prohibited by a court order from contacting;

(c)     arranging to have another person send a prohibited thing to the prisoner by disguising it as a protected/legal item;

(d)     sending mail to a person whom the prisoner is prohibited by a court order from contacting.

10     Abusing the prisoner's privilege to use a computer or other electronic device.

Examples for item 10

Conduct that might constitute such abuse includes the following:

(a)     using a computer to create threatening letters;

(b)     using audio equipment to create a disturbance.

11     Feigning or exaggerating illness or an injury.

12     Consuming, using, taking, administering, smoking or otherwise ingesting any of the following:

        (a)     alcohol;

        (b)     tobacco;

        (c)     medication (other than medication prescribed for the prisoner by a health practitioner);

        (d)     a drug;

        (e)     anything else likely to induce an intoxicated state.

13     Giving or administering anything mentioned in item 12 to another prisoner.

14     Manufacturing anything mentioned in item 12.

15     Tattooing or body piercing any person.

16     Altering the prisoner's appearance in a way that could reasonably affect the ability of correctional officers to identify the prisoner.

17     Gambling.

18     Being in possession of something that is not an allowable item.

19     Lending or selling something to another prisoner for gain.

20     Damaging property (other than the prisoner's own property).

Examples for item 20

Property that might be damaged includes the following:

(a)     a thing at a correctional services establishment that is owned or used by the Territory;

(b)     possessions of another prisoner or a visitor;

(c)     clothing or personal items issued to the prisoner or another prisoner;

(d)     plants growing at the custodial correctional facility;

(e)     property at a place where the prisoner is working outside the custodial correctional facility.

21     Interfering with fixtures and fitting, security equipment or other property at the custodial correctional facility.

Examples for item 21

Conduct that might constitute interfering with property includes the following:

(a)     picking locks;

(b)     disabling cameras or security sensors;

(c)     tampering with lighting.

22     Removing the prisoner's identification document or device.

23     Altering a document or device used to identify the prisoner, or creating a false document or device.

24     Failing to comply with a condition of a leave permit.

25     Making a malicious or frivolous complaint about a correctional services officer or another prisoner to a General Manager, the Commissioner or a protected correspondent.