Northern Territory Consolidated Regulations

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PRISONS (CORRECTIONAL SERVICES) REGULATIONS - REG 3

Prison misconduct

    (1)     A prisoner who:

        (a)     disobeys a rule or standing order of the prison or a lawful order of an officer having control or authority over the prisoner;

        (b)     is idle, negligent or careless in his or her work or, without reasonable excuse, is absent from his or her work, or refuses to work;

        (c)     behaves in a disorderly manner;

        (d)     swears or uses indecent language or language calculated to offend;

        (e)     uses insulting or threatening language or behaves in an insulting or threatening manner;

        (f)     pretends illness or injury;

        (g)     wilfully or maliciously breaks, damages or destroys any property;

        (h)     makes a false or frivolous complaint against an officer;

        (j)     does any act or omission of insubordination or misconduct subversive to the order and good government of the prison;

        (m)     interferes, without the approval of an officer, with locks, lights or other property in a prison;

        (n)     intentionally damages, without the approval of an officer, any tree or shrub in a prison;

        (p)     contravenes or fails to comply with a term or condition of a grant of leave of absence from a prison;

        (q)     manufactures or is in possession of a prison key without authorisation;

        (qa)     has in his or her possession anything designed or adapted for use in tattooing;

        (qb)     has in his or her possession anything that by or under the Act or any other Act he or she is forbidden to have, whether by virtue of his or her status as a prisoner or otherwise;

        (qc)     has in his or her possession anything that has not been authorised by the officer in charge of the prison to be in the possession of a prisoner;

        (r)     removes, damages, defaces, or interferes with any band, badge, card or other material or device used to identify a prisoner;

        (s)     misuses medication or is found to have present in the prisoner's body any drugs or alcohol;

        (sa)     on being requested to do so, refuses to supply a sample of breath or blood to a person authorised to take the sample under section 95A of the Act;

        (sb)     within 3 hours after being requested to do so, refuses or fails to supply a sample of urine to a person authorised to take the sample under section 95A of the Act;

        (t)     enters an area which the prisoner is not authorised to enter or, without the approval of an officer, enters the cell of another prisoner;

        (u)     is absent from a muster or count of prisoners without reasonable excuse;

        (w)     lends property or possessions to another prisoner for profit;

        (y)     participates in tattooing himself or herself or another prisoner; or

        (z)     sexually harasses an officer or another prisoner,

is guilty of prison misconduct.

    (1A)     A prisoner is not guilty of prison misconduct under subregulation (1)(sb) if the failure to provide a sample of urine within the required period is because of a medical condition that is confirmed by a visiting medical officer to have existed at the time the failure occurred.

    (2)     For the purposes of subregulation (1)(z), "sexual harassment" means:

        (a)     an unwelcome act of physical intimacy;

        (b)     an unwelcome demand or request (whether directly or by implication) for sexual favours from an officer or another prisoner;

        (c)     an unwelcome remark with sexual connotations made toward an officer or another prisoner; or

        (d)     any other unwelcome conduct of a sexual nature toward, or in the presence of an officer or another prisoner.

    (3)     For the purposes of subregulations (1)(z) and (2), a reference to an officer includes a person authorised to carry out a function under the Act, and an employee within the meaning of the Public Sector Employment and Management Act acting in the course of their employment.



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