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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
CORRECTIVE SERVICES
BILL 2000
Queensland
CORRECTIVE SERVICES BILL 2000
TABLE OF PROVISIONS
Section Page
CHAPTER 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
3 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5 References to person in charge or prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . 15
CHAPTER 2--PRISONERS
PART 1--CUSTODY AND ADMISSION OF PRISONERS
6 Where persons to be detained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
7 When persons in chief executive's custody . . . . . . . . . . . . . . . . . . . . . . . . . . 16
8 When persons in commissioner's custody . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
9 Authority for admission to corrective services facility . . . . . . . . . . . . . . . . . 17
10 Identification of prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
11 Prisoner to be informed of entitlements and duties . . . . . . . . . . . . . . . . . . . . 18
12 Prisoner classifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
13 Accommodation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 2--MANAGEMENT OF PRISONERS
Division 1--Management of prisoners generally
14 Directions to prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
15 Medical examination or treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
16 Private medical examination or treatment . . . . . . . . . . . . . . . . . . . . . . . . . . 22
17 Dangerously ill prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
18 Death of prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
19 Registration of birth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
2
Corrective Services
20 Children living in facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
21 Removing child from facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
22 Reviewing decisions about children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
23 Marriage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
24 Change of name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 2--Search of prisoners
25 Power to search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
26 Personal searches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
27 Strip searches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
28 Body searches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
29 Register of searches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
30 Who may be required to give test sample . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
31 Random testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
32 Giving test samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
33 Consequences of positive test samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 3--Mail and phone calls
34 Prisoner's mail at prisoner's own expense . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
35 Opening, searching and censoring mail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
36 Phone calls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
37 Recording or monitoring phone calls and electronic communications . . . . 32
Division 4--Special treatment orders
38 Special treatment orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
39 Review of special treatment orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
40 Medical examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
41 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 5--Crisis support orders
42 Crisis support orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
43 Consecutive crisis support orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
44 Review of crisis support orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
45 Medical examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
46 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 6--Maximum security orders
3
Corrective Services
47 Maximum security orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
48 Consecutive maximum security orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
49 Other matters about maximum security orders . . . . . . . . . . . . . . . . . . . . . . . 39
50 Review of maximum security orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
51 Medical examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
52 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 7--Transfer and removal of prisoners
53 Transfer to another facility or a health institution . . . . . . . . . . . . . . . . . . . . . 41
54 Transfer to court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
55 Removal of prisoner for law enforcement purposes . . . . . . . . . . . . . . . . . . . 43
Division 8--WORC and WCC programs
56 WORC and WCC programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
57 Eligibility for WORC and WCC programs . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 9--Leave of absence
58 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
59 Compassionate leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
60 Resettlement leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
61 Leave of absence available to serious violent offenders . . . . . . . . . . . . . . . 46
62 Leave of absence available to certain other prisoners . . . . . . . . . . . . . . . . . 47
63 Prisoner's expenses while on leave of absence . . . . . . . . . . . . . . . . . . . . . . . 47
64 Prisoner's duties while on leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . 47
65 Leave of absence is part of term of imprisonment . . . . . . . . . . . . . . . . . . . . 48
66 What is not leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 10--Interstate leave of absence
67 Interstate leave permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
68 Effect of interstate leave permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
69 Amending or repealing permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
70 Notice to participating State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
71 Effect of corresponding interstate leave permit . . . . . . . . . . . . . . . . . . . . . . . 50
72 Escape of interstate prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
73 Liability for damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
74 Corresponding laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
4
Corrective Services
Division 11--Remission and conditional release
75 Eligibility for remission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
76 Eligibility for conditional release . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
77 Risk to community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
78 Good conduct and industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
79 Refusing remission or conditional release . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
80 Cancellation of conditional release orders . . . . . . . . . . . . . . . . . . . . . . . . . . 54
81 Effect of remission on cumulative sentences . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 12--Discharge or release
82 Discharge or release of prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
83 Early discharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
84 Remaining in facility after being eligible for discharge . . . . . . . . . . . . . . . . 56
Division 13--Arrest of prisoners
85 Arresting prisoners unlawfully at large . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
CHAPTER 3--BREACHES AND OFFENCES
PART 1--BREACHES OF DISCIPLINE BY PRISONERS
86 Breaches of discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
87 Considering whether breach of discipline committed . . . . . . . . . . . . . . . . . . 59
88 Consequences of breach of discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
89 Review of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
90 Disciplinary breach register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
91 Separate confinement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
PART 2--OFFENCES BY PRISONERS
92 Unlawful assembly, riot and mutiny . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
93 Prohibited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
94 Other offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
PART 3--GENERAL OFFENCES
95 Obstructing corrective services officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
96 Prohibited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
97 Removing things from facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
98 Unlawful entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
99 Killing or injuring corrective services dogs . . . . . . . . . . . . . . . . . . . . . . . . . . 67
5
Corrective Services
100 Interviewing and photographing prisoners etc. . . . . . . . . . . . . . . . . . . . . . . . . 67
101 Interfering with records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
102 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
103 Persons near prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
104 Temporary detention for security offences . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
105 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
PART 4--SEIZING PROPERTY
106 Seizing property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
107 Receipt for seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
108 Forfeiting seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
109 Review of decision to forfeit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
110 Returning seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
111 Power of court in relation to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . 75
PART 5--USE OF FORCE
Division 1--Use of reasonable force
112 Authority to use reasonable force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Division 2--Use of lethal force
113 Training for use of lethal force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
114 Issue, handling and storage of weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
115 Use of lethal force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
116 Requirements for use of lethal force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
117 Reporting use of lethal force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
CHAPTER 4--CORRECTIVE SERVICES FACILITIES
PART 1--ESTABLISHING FACILITIES
118 Establishing prisons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
119 Prison amenities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
120 Establishing community corrective services facilities . . . . . . . . . . . . . . . . . 79
PART 2--VISITING FACILITIES
121 Warning to visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
122 Entitlement to visits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
123 Visits by children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
124 Contact during personal visits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
6
Corrective Services
125 Requirements before visit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
126 Requirements during visits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
127 Proof of identity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
128 Suspending visits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
129 Monitoring visits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
130 Accredited visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
131 Law enforcement visits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
132 Legal visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
CHAPTER 5--POST-PRISON COMMUNITY BASED RELEASE
PART 1--ORDERS
133 Who may apply for exceptional circumstances parole order . . . . . . . . . . . . 85
134 Who may apply for other post-prison community based release orders . . . 85
135 When order starts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
136 Which corrections board to hear and decide application . . . . . . . . . . . . . . . 87
137 Appearing before corrections board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
138 When application for release lapses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
139 Corrections board not bound by sentencing court's recommendation . . . . . 88
140 Decision of corrections board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
141 Types of post-prison community based release orders . . . . . . . . . . . . . . . . . 89
142 Conditions for release to work orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
143 Conditions for home detention orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
144 Conditions for parole orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
145 Expenses of prisoner on release to work or home detention . . . . . . . . . . . . . 91
146 Travelling from home while on home detention . . . . . . . . . . . . . . . . . . . . . . 92
147 Travelling interstate while on home detention . . . . . . . . . . . . . . . . . . . . . . . 93
148 Travelling interstate or overseas while on parole . . . . . . . . . . . . . . . . . . . . . 93
149 Suspension of order by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
150 Amendment, suspension or cancellation of order by corrections board . . . 94
151 Cancellation of parole order by further imprisonment . . . . . . . . . . . . . . . . . 95
152 Effect of cancellation of parole order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
153 Prisoner on release taken to be still serving sentence . . . . . . . . . . . . . . . . . 98
154 Discharge after parole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
7
Corrective Services
155 Reviewing regional board's decision to refuse application . . . . . . . . . . . . . 98
PART 2--CORRECTIONS BOARDS
Division 1--Queensland Community Corrections Board
156 Establishment of Queensland board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
157 Functions of Queensland board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
158 Membership of Queensland board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
159 Disqualification from membership of Queensland board . . . . . . . . . . . . . . . 100
160 Term of member's appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
161 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
162 Vacation of member's office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
163 Secretary of Queensland board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
164 Meetings of Queensland board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
165 Attendance of corrective services officers or employees at
Queensland board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
166 Attendance of board member at regional board meetings . . . . . . . . . . . . . . 102
167 Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
168 Annual report of Queensland board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
169 Special reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Division 2--Regional community corrections boards
170 Establishment of regional boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
171 Functions of regional boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
172 Membership of regional boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
173 Disqualification from membership of regional boards . . . . . . . . . . . . . . . . . 105
174 Term of member's appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
175 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
176 Vacation of member's office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
177 Secretaries of regional boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
178 Meetings of regional boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
179 Attendance of corrective services officers or employees at
regional board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
180 Annual reports of regional boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Division 3--Powers of corrections boards
181 General powers of corrections boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
8
Corrective Services
182 Powers of corrections board to require attendance . . . . . . . . . . . . . . . . . . . . 108
PART 3--GENERAL
183 Legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
184 Corrective services officers subject to direction of corrections board . . . . . 109
185 Chief executive must prepare and give reports to board . . . . . . . . . . . . . . . 109
186 Invalidity of acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
187 Authentication of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
CHAPTER 6--ADMINISTRATION
PART 1--THE CHIEF EXECUTIVE
188 Functions and powers of chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
189 Policies and procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
190 Services and programs to help offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
191 Monitoring devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
192 Declaration of emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
193 Commissioner to provide police . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
194 Community service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
195 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
PART 2--ENGAGED SERVICE PROVIDERS
196 Engaging service providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
197 Acts applying to engaged service providers . . . . . . . . . . . . . . . . . . . . . . . . . 114
198 Review of engaged service provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
PART 3--PERSONS IN CHARGE
199 Appointing persons in charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
200 Functions and powers of persons in charge . . . . . . . . . . . . . . . . . . . . . . . . . . 115
PART 4--CORRECTIVE SERVICES OFFICERS
201 Appointing corrective services officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
202 Powers of corrective services officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
203 Identity cards for corrective services officers . . . . . . . . . . . . . . . . . . . . . . . . 116
204 Surrender of equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
205 Corrective services dogs and dog handlers . . . . . . . . . . . . . . . . . . . . . . . . . . 117
206 Use of corrective services dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
207 Corrective services dog may accompany officer . . . . . . . . . . . . . . . . . . . . . 118
9
Corrective Services
208 Application of laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
PART 5--DOCTORS
209 Doctors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
210 Doctor's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
PART 6--OFFICIAL VISITORS
211 Appointing official visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
212 Frequency of official visits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
213 Asking to see official visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
214 Official visitor's function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
215 Official visitor's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
216 Official visitor's reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
PART 7--CHAPLAINS, ELDERS, RESPECTED PERSONS AND
SPIRITUAL HEALERS
217 Appointing chaplains . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
218 Appointing elders, respected persons and spiritual healers . . . . . . . . . . . . . 124
PART 8--INSPECTORS
219 Appointing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
220 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
221 Inspector's powers generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
222 Inspector's power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
223 Inspector's reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
PART 9--VOLUNTEERS
224 Authorising volunteers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
PART 10--CORRECTIVE SERVICES ADVISORY COUNCIL
225 Establishment of advisory council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
226 Functions and powers of advisory council . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
227 Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
228 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
229 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
230 Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
PART 11--PRISONERS OF THE COURT
231 Prisoners in proper officer of the court's custody . . . . . . . . . . . . . . . . . . . . . 129
232 Court cells . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
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PART 12--PROPERTY
Division 1--Prisoner's money
233 Prisoners trust fund to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
234 Trust account records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
235 Payments to prisoner's account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
236 Deductions from prisoner's account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
237 Investment of prisoners trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
238 Remuneration for prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Division 2--Other property of prisoner
239 Bringing property into facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
240 Effect of escape on property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
PART 13--COMPENSATION
241 Compensation for loss or damage of property . . . . . . . . . . . . . . . . . . . . . . . . 134
PART 14--INFORMATION
242 Concerned persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
243 Confidential information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
244 Commissioner to provide criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
245 Pre-sentence reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
PART 15--LEGAL PROVISIONS
246 Royal prerogative of mercy etc. not affected . . . . . . . . . . . . . . . . . . . . . . . . 138
247 Interpretation of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
248 Execution of warrant by corrective services officer . . . . . . . . . . . . . . . . . . . 138
249 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
250 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
251 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
PART 16--MISCELLANEOUS
252 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
253 Exemption from tolls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
254 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
CHAPTER 7--TRANSITIONAL PROVISIONS
PART 1--CONTINUATION OF REGIONAL BOARDS
255 Continuation of regional community corrections boards . . . . . . . . . . . . . . . 142
11
Corrective Services
PART 2--CONTINUING APPOINTMENTS
256 Conditions of continuing appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
257 General manager of a prison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
258 Manager of a community corrections centre . . . . . . . . . . . . . . . . . . . . . . . . . 142
259 Correctional officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
260 Doctors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
261 Chaplains . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
262 Official visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
263 Inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
264 Corrective Services Advisory Council members . . . . . . . . . . . . . . . . . . . . . . 144
265 Board members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
266 Volunteers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
PART 3--OTHER TRANSITIONAL PROVISIONS
267 References in Acts or documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
268 Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
269 Custody of prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
270 Corrective services facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
271 WORC and WCC programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
272 Regulations and rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
273 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
274 Prisoners trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
CHAPTER 8--REPEALS
275 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
CHAPTER 9--CONSEQUENTIAL AMENDMENTS
276 Consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 149
INELIGIBILITY OFFENCES
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 152
CONSEQUENTIAL AMENDMENTS
ACTS INTERPRETATION ACT 1957 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
ACQUISITION OF LAND ACT 1967 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
BAIL ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
12
Corrective Services
COMMISSIONS OF INQUIRY ACT 1950 . . . . . . . . . . . . . . . . . . . . . . . . . . 153
CORONERS ACT 1958 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
CRIMINAL CODE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
CRIMINAL JUSTICE ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
CRIMINAL LAW AMENDMENT ACT 1945 . . . . . . . . . . . . . . . . . . . . . . . 156
CRIMINAL LAW (REHABILITATION OF OFFENDERS) ACT 1986 . . . 156
CRIMINAL OFFENCE VICTIMS ACT 1995 . . . . . . . . . . . . . . . . . . . . . . . . 157
CROWN PROCEEDINGS ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
DISTRICT COURT ACT 1967 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
DRUGS MISUSE ACT 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
ELECTORAL ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
FIRE AND RESCUE AUTHORITY ACT 1990 . . . . . . . . . . . . . . . . . . . . . . 159
INDUSTRIAL RELATIONS ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
JURY ACT 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
JUSTICES ACT 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
JUVENILE JUSTICE ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
MENTAL HEALTH ACT 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
MENTAL HEALTH ACT 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
PAROLE ORDERS (TRANSFER) ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . 166
PENALTIES AND SENTENCES ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . 166
POLICE POWERS AND RESPONSIBILITIES ACT 2000 . . . . . . . . . . . . . 170
PRISONERS (INTERSTATE TRANSFER) ACT 1982 . . . . . . . . . . . . . . . . 173
PUBLIC TRUSTEE ACT 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
STATE BUILDINGS PROTECTIVE SECURITY ACT 1983 . . . . . . . . . . . 174
TRADING (ALLOWABLE HOURS) ACT 1990 . . . . . . . . . . . . . . . . . . . . . 175
WHISTLEBLOWERS PROTECTION ACT 1994 . . . . . . . . . . . . . . . . . . . . 175
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 177
DICTIONARY
2000
A BILL
FOR
An Act to provide for corrective services, and for related purposes
s1 14 s4
Corrective Services
The Parliament of Queensland enacts-- 1
CHAPTER 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Corrective Services Act 2000. 4
5
Commencement
2. This Act commences on a day to be fixed by proclamation. 6
urpose 7
P
3.(1) The purpose of corrective services is community safety and crime 8
prevention through the humane containment, supervision and rehabilitation 9
of offenders. 10
(2) This Act recognises that every member of society has certain basic 11
human entitlements, and that, for this reason, an offender's entitlements, 12
other than those that are necessarily diminished because of imprisonment or 13
another court sentence, should be safeguarded. 14
(3) This Act also recognises-- 15
(a) the need to respect an offender's dignity; and 16
(b) the special needs of some offenders by taking into account-- 17
(i) an offender's age, gender or race; and 18
(ii) any disability an offender has; and 19
(c) the culturally specific needs of Aboriginal and Torres Strait 20
Islander offenders. 21
22
Definitions
4. The dictionary in schedule 3 defines particular words used in this Act. 23
s5 15 s6
Corrective Services
to person in charge or prisoner 1
References
5.(1) In a provision of this Act, a reference to the person in charge is a 2
reference to the person in charge of a corrective services facility. 3
(2) In a provision of this Act about a person in charge-- 4
(a) a reference to a corrective services facility is a reference to the 5
facility of which the person is the person in charge; and 6
(b) a reference to a prisoner is a reference to a prisoner at the 7
corrective services facility of which the person is the person in 8
charge. 9
(3) In a provision of this Act about a prisoner, a reference to a corrective 10
services facility is a reference to the facility at which the prisoner is 11
accommodated. 12
CHAPTER 2--PRISONERS 13
PART 1--CUSTODY AND ADMISSION OF 14
PRISONERS 15
persons to be detained 16
Where
6.(1) A person sentenced to a period of imprisonment, or required by law 17
to be detained for a period of imprisonment, must be detained for the period 18
in a corrective services facility. 19
(2) However-- 20
(a) if the period is 21 days or less--the person may be detained in a 21
watch-house for part or all of the period; or 22
(b) if the period is more than 21 days--the person may be detained in 23
a watch-house until the person can be conveniently taken to a 24
corrective services facility. 25
(3) This section applies subject to-- 26
(a) the provisions of this Act that allow a prisoner to be lawfully 27
s7 16 s8
Corrective Services
outside a corrective services facility; and 1
(b) the Criminal Code; and 2
(c) the Juvenile Justice Act 1992; and 3
(d) the Mental Health Act 1974. 4
persons in chief executive's custody 5
When
7.(1) If a person sentenced to a term of imprisonment or required by law 6
to be detained in custody for a period is, while being taken to a corrective 7
services facility for detention, under the control of a corrective services 8
officer, the person is taken to be in the chief executive's custody. 9
(2) When admitted to a corrective services facility for detention, a person 10
is taken to be in the chief executive's custody. 11
(3) Subsections (1) and (2) apply despite the provisions of a warrant 12
committing the person into someone else's custody. 13
(4) Except for any time when the person is lawfully in another person's 14
custody, the person remains in the chief executive's custody until 15
discharged, even if the person is lawfully outside of a corrective services 16
facility. 17
18
Examples of when a person is lawfully outside of a corrective services facility--
19
1. While the person is subject to a post-prison community based release order or a
20
conditional release order.
21
2. When the person is being transferred between facilities or is attending court.
(5) In a warrant committing a person to a corrective services facility, or 22
requiring a prisoner to be produced to the keeper or officer in charge of a 23
corrective services facility, a reference to the keeper or officer in charge of 24
the facility is a reference to the chief executive. 25
(6) The chief executive is taken to have custody of a person even if the 26
person is in the physical custody of, or being supervised by, an engaged 27
service provider. 28
persons in commissioner's custody 29
When
8.(1) If a person sentenced to a term of imprisonment or required by law 30
s9 17 s 10
Corrective Services
to be detained in custody for a period is, while being taken to a corrective 1
services facility for detention, under the control of a police officer, the 2
person is taken to be in the commissioner's custody. 3
(2) When admitted to a watch-house for detention, a person is taken to be 4
in the commissioner's custody, even if the person is lawfully outside of the 5
watch-house, until the person-- 6
(a) is discharged; or 7
(b) is lawfully given into another person's custody. 8
(3) Subsections (1) and (2) apply despite the provisions of a warrant 9
committing the person into someone else's custody. 10
for admission to corrective services facility 11
Authority
9.(1) A person must not be admitted to and detained in a corrective 12
services facility unless the corrective services officer in charge of admitting 13
prisoners at the facility is given-- 14
(a) a warrant for the person's detention; or 15
(b) a verdict and judgement record under the Criminal Practice Rules 16
1999 containing the name of the person and particulars of the 17
judgment pronounced on the person. 18
(2) Despite the provisions of a warrant committing a person to a 19
specified corrective services facility or to a watch-house, the person may be 20
taken to and detained in a corrective services facility specified by the chief 21
executive. 22
of prisoners 23
Identification
10.(1) The chief executive must establish a record that contains each 24
prisoner's details. 25
(2) For the identification of a prisoner, a corrective services officer-- 26
(a) may photograph the prisoner; and 27
(b) may take the prisoner's fingerprints, palm prints, footprints, toe 28
prints, eye prints or voiceprints. 29
(3) The photos and prints must be destroyed if-- 30
s 11 18 s 12
Corrective Services
(a) the prisoner is found not guilty of the offence for which the 1
prisoner is being detained in custody, other than on the grounds of 2
unsoundness of mind; or 3
(b) proceedings for the offence for which the prisoner is being 4
detained are discontinued or dismissed. 5
(4) However, the photos or prints must not be destroyed if, for any part 6
of the period of detention for the offence, the prisoner was also being 7
detained for another offence-- 8
(a) of which the prisoner has been convicted; or 9
(b) for which proceedings have not been discontinued or dismissed. 10
(5) In this section-- 11
"prisoner" includes a person subject to a community based order. 12
to be informed of entitlements and duties 13
Prisoner
11.(1) When a prisoner is admitted to a corrective services facility for 14
detention, the person in charge must inform the prisoner about-- 15
(a) the prisoner's entitlements and duties under this Act; and 16
(b) the administrative policies and procedures relevant to the 17
prisoner's entitlements and duties. 18
(2) If the prisoner is illiterate or does not understand English, the person 19
in charge must take reasonable steps to ensure the prisoner understands the 20
things mentioned in subsection (1). 21
(3) The person in charge-- 22
(a) must make a copy of this Act available to all prisoners; and 23
(b) may make a copy of other legislation available to a prisoner. 24
classifications 25
Prisoner
12.(1) A prisoner on remand is classified as high security. 26
(2) When another prisoner is admitted to a corrective services facility for 27
detention, he chief executive must classify the prisoner into 1 of the 28
following classifications-- 29
s 12 19 s 12
Corrective Services
(a) maximum security; 1
(b) high security; 2
(c) medium security; 3
(d) low security; 4
(e) open security. 5
(3) When deciding a prisoner's classification, the chief executive must 6
consider all relevant factors, including for example-- 7
(a) the risk of the prisoner to the community; 8
(b) the nature of the offence for which the prisoner is charged or has 9
been convicted; 10
(c) the period of imprisonment the prisoner is serving; 11
(d) whether the prisoner has any outstanding charges and the nature 12
of the charges; 13
(e) the prisoner's criminal history (if any); 14
(f) the prisoner's escape history (if any); 15
(g) the prisoner's demonstrated attitude towards the sentence being 16
served; 17
(h) the likelihood of the prisoner being deported or extradited, and the 18
prisoner's demonstrated attitude towards the deportation or 19
extradition; 20
(i) the prisoner's previous conduct in a corrective services facility, 21
including whether the prisoner has committed an offence or 22
breach of discipline or returned a positive test sample; 23
(j) the prisoner's previous conduct while subject to a community 24
based order or post-prison community based order; 25
(k) the prisoner's medical history, including any psychological or 26
psychiatric history; 27
(l) the likely influence of the prisoner's family relationships. 28
(4) The chief executive must review a prisoner's classification-- 29
(a) for a prisoner on remand--when the prisoner is sentenced to a 30
term of imprisonment; and 31
s 13 20 s 14
Corrective Services
(b) for other prisoners--at intervals of not longer than 6 months. 1
(5) The chief executive may make different arrangements for the 2
management of prisoners of different classifications. 3
4
Accommodation
13.(1) Whenever practicable, each prisoner in a corrective services facility 5
must be provided with his or her own accommodation. 6
(2) A prisoner who is under 18 years must be kept apart from other 7
prisoners who are 18 years or older unless it is in the prisoner's best 8
interests not to be kept apart. 9
10
Examples for subsection (2)--
11
1. A young Aboriginal prisoner may be accommodated with older prisoners to
12
enable the young prisoner to be with a family member.
13
2. A young prisoner may be accommodated with older prisoners to allow the young
14
prisoner to participate in a WORC program.
PART 2--MANAGEMENT OF PRISONERS 15
1--Management of prisoners generally 16
Division
to prisoners 17
Directions
14.(1) A corrective services officer may give a prisoner a direction that 18
the officer reasonably believes to be necessary-- 19
(a) for the welfare or safe custody of the prisoner or other prisoners; 20
or 21
(b) for the security or good order of a corrective services facility; or 22
(c) to ensure the prisoner complies with an order; or 23
(d) to ensure the prisoner or another prisoner does not commit-- 24
(i) an offence against this Act or another Act; or 25
s 15 21 s 15
Corrective Services
(ii) a breach of discipline. 1
(2) Directions under this section may be given in writing or orally, and 2
may apply generally or be limited in their application. 3
examination or treatment 4
Medical
15.(1) A prisoner must submit to a medical examination or treatment by 5
a doctor if the doctor considers the prisoner requires medical attention. 6
(2) A prisoner must submit to an examination by a doctor or 7
psychologist if the chief executive or person in charge orders the 8
examination to-- 9
(a) assign a classification to the prisoner; or 10
(b) decide where to initially place the prisoner; or 11
(c) decide whether to transfer the prisoner to another place; or 12
(d) decide the prisoner's suitability to participate in an approved 13
activity or program; or 14
(e) decide the prisoner's suitability for leave of absence or early 15
discharge or release. 16
(3) For a medical examination or treatment, a doctor may-- 17
(a) take a sample of a prisoner's blood or another bodily substance; 18
or 19
(b) order a prisoner to provide a sample of the prisoner's urine or 20
another bodily substance and give the prisoner directions about 21
the way in which the sample is to be provided. 22
(4) A prisoner must comply with an order made or direction given under 23
subsection (3)(b). 24
(5) If a prisoner does not submit to an examination or treatment, the 25
doctor and anyone acting at the doctor's direction may use the force that is 26
reasonably necessary to complete the examination or treatment. 27
(6) A doctor may authorise another person to examine or treat a prisoner 28
if-- 29
(a) the doctor-- 30
s 16 22 s 17
Corrective Services
(i) is authorised or required to carry out the examination or give 1
the treatment; or 2
(ii) would, if qualified to carry out the examination or give the 3
treatment, be so authorised or required; and 4
(b) the other person is qualified to carry out the examination or give 5
the treatment. 6
medical examination or treatment 7
Private
16.(1) A prisoner may apply to the chief executive in writing for approval 8
to be examined or treated by a doctor or psychologist nominated by the 9
prisoner. 10
(2) The chief executive may give the approval if satisfied-- 11
(a) the application is not frivolous or vexatious; and 12
(b) the prisoner is able to pay for the examination or treatment and 13
associated costs; and 14
(c) the doctor or psychologist nominated by the prisoner is willing 15
and available to examine or treat the prisoner. 16
(3) The prisoner must pay for the examination or treatment and 17
associated costs. 18
(4) The chief executive must consider any report or recommendations 19
made by the nominated doctor or psychologist, but is not bound by them. 20
ill prisoners 21
Dangerously
17. If the person in charge, or a doctor appointed to a corrective services 22
facility, considers a prisoner to be dangerously ill or seriously injured, the 23
person in charge must immediately notify-- 24
(a) the person nominated by the prisoner as the prisoner's contact 25
person; and 26
(b) a chaplain; and 27
(c) for an Aboriginal or Torres Strait Islander prisoner-- 28
(i) an Aboriginal or Torres Strait Islander legal service that 29
s 18 23 s 19
Corrective Services
represents the area in which the facility is located; and 1
(ii) if practicable, an elder, respected person or indigenous 2
spiritual healer who is relevant to the prisoner. 3
of prisoner 4
Death
18.(1) If a prisoner dies, the person in charge must, as soon as 5
practicable, notify-- 6
(a) if the corrective services facility is a prison--a doctor appointed to 7
the facility; and 8
(b) the police officer in charge of the police station nearest to the place 9
where the prisoner died; and 10
(c) the person nominated by the prisoner as the prisoner's contact 11
person; and 12
(d) a chaplain; and 13
(e) for an Aboriginal or Torres Strait Islander prisoner-- 14
(i) an Aboriginal or Torres Strait Islander legal service that 15
represents the area in which the prisoner died; and 16
(ii) if practicable, an elder, respected person or indigenous 17
spiritual healer who is relevant to the prisoner. 18
(2) The chief executive must keep records, prescribed under a regulation, 19
of the prisoner's death. 20
of birth 21
Registration
19.(1) A birth certificate made for a child whose mother or father is, or 22
was when the child was born, a prisoner must not-- 23
(a) state that fact; or 24
(b) contain any information from which that fact can reasonably be 25
inferred. 26
(2) If the showing of an address that is required by the Registration of 27
Births, Deaths and Marriages Act 1962 to be shown would contravene 28
s 20 24 s 20
Corrective Services
subsection (1)(a), the address must be shown as the city or town in which, 1
or nearest to which, the address is situated. 2
living in facilities 3
Children
20.(1) This section applies if a female prisoner-- 4
(a) gives birth to a child during her period of imprisonment; or 5
(b) has custody of a child, whether or not the prisoner is the child's 6
mother. 7
(2) On admission to the facility, the prisoner must be informed-- 8
(a) that she may apply to the person in charge to have the child 9
accommodated with her; and 10
(b) that if she does apply and her application is successful, she will 11
have primary responsibility for the child's care and safety, 12
including all costs associated with that care. 13
(3) The following persons may apply to the person in charge to have the 14
child accommodated with a prisoner-- 15
(a) the prisoner; 16
(b) the chief executive of the department in which the Child 17
Protection Act 1999 is administered. 18
(4) The person in charge may grant the application only if-- 19
(a) there is suitable accommodation in the facility for the child; and 20
(b) the child has not started primary school; and 21
(c) the child is immunised in accordance with the recommendations 22
of the department in which the Health Act 1937 is administered; 23
and 24
(d) the child is not subject to a court order requiring the child to live 25
with someone else; and 26
(e) if the child is under the care of the department in which the Child 27
Protection Act 1999 Act is administered--the chief executive of 28
that department has consented; and 29
(f) it is in the child's best interests. 30
s 21 25 s 22
Corrective Services
(5) In deciding what is in the child's best interests, the person in charge 1
must consult with-- 2
(a) the chief executive of the department in which the Child 3
Protection Act 1999 is administered; and 4
(b) if the child is an Aboriginal or Torres Strait Islander 5
person--representatives from the relevant Aboriginal or Torres 6
Strait Islander community. 7
child from facility 8
Removing
21.(1) The person in charge may remove a child being accommodated 9
with a prisoner from the facility if-- 10
(a) a court orders that the child live with another person; or 11
(b) it is in the child's best interest; or 12
(c) the prisoner with whom the child is accommodated requests it; or 13
(d) the child starts primary school; or 14
(e) the prisoner with whom the child is accommodated is transferred 15
to another facility and the other facility can not provide appropriate 16
accommodation for the child; or 17
(f) it is in the interests of the good order and management of the 18
facility. 19
(2) However, separation of a child from a prisoner with whom the child 20
is accommodated must not be used as a form of discipline. 21
decisions about children 22
Reviewing
22. A female prisoner may apply to the chief executive to review a 23
decision of a person in charge to-- 24
(a) refuse the prisoner's application to have a child accommodated 25
with her in a corrective services facility; or 26
(b) remove a child being accommodated with the prisoner from the 27
facility. 28
s 23 26 s 25
Corrective Services
1
Marriage
23.(1) A person in the chief executive's custody must notify the chief 2
executive, in writing, before lodging a notice of intention to marry under the 3
Marriage Act 1961 (Cwlth). 4
Maximum penalty--20 penalty units. 5
(2) A prisoner may be married in a corrective services facility only with 6
the chief executive's approval and the marriage must be conducted in the 7
way decided by the chief executive. 8
of name 9
Change
24. A person in the chief executive's custody must notify the chief 10
executive, in writing, before changing his or her name by deed poll. 11
Maximum penalty--20 penalty units or 6 months imprisonment. 12
Division 2--Search of prisoners 13
to search 14
Power
25.(1) The person in charge may, at any time, order a corrective services 15
officer-- 16
(a) to conduct a scanning search, general search or personal search of 17
a prisoner; or 18
(b) to search a prisoner's accommodation. 19
(2) Also, a corrective services officer may conduct a scanning search, 20
general search or personal search of a prisoner if the officer reasonably 21
believes the prisoner possesses something that jeopardises or is likely to 22
jeopardise-- 23
(a) the security or good order of the corrective services facility; or 24
(b) the safety of persons in the corrective services facility. 25
(3) A power under this Act to search a prisoner in any way includes a 26
power to search anything in the prisoner's possession. 27
s 26 27 s 28
Corrective Services
(4) A power under this Act to search a prisoner in any way may be 1
exercised on the day on which the prisoner is discharged or released. 2
searches 3
Personal
26.(1) The person in charge of a secure facility must ensure that each 4
prisoner is personally searched on entering or leaving the facility. 5
(2) The search may be carried out only by a corrective services officer of 6
the same gender as the prisoner. 7
searches 8
Strip
27.(1) The person in charge of a corrective services facility may order a 9
prisoner to be strip searched if the person in charge reasonably suspects the 10
prisoner has a prohibited thing concealed on the prisoner's person. 11
(2) A strip search must be carried out-- 12
(a) only by a corrective services officer of the same gender as the 13
prisoner; and 14
(b) by no less than 2 corrective services officers, but by no more 15
officers than are reasonably necessary to carry out the search. 16
(3) A strip search must not be carried out in the view of a person who is 17
not a person mentioned in subsection (2). 18
(4) The strip search may be preceded by another less intrusive search. 19
searches 20
Body
28.(1) The person in charge may authorise a doctor to conduct a body 21
search of a prisoner if the person in charge reasonably believes-- 22
(a) the prisoner has ingested something that may jeopardise the 23
prisoner's health or well being; or 24
(b) the prisoner has a prohibited thing concealed within his or her 25
person that may potentially be used in a way that may pose a risk 26
to the security or good order of the corrective services facility; or 27
(c) the search may reveal evidence of the commission of an offence 28
or breach of discipline by the prisoner. 29
s 29 28 s 30
Corrective Services
(2) A nurse must be present during the body search, and if the doctor is 1
not of the same gender as the prisoner, the nurse must be of the same 2
gender. 3
(3) If the doctor reasonably requires help to conduct the body search, the 4
doctor may ask another person to help the doctor. 5
(4) The other person must, except in an emergency, be of the same 6
gender as the prisoner. 7
(5) The doctor may seize anything discovered during the body search 8
if-- 9
(a) seizing the thing would not be likely to cause grievous bodily 10
harm to the prisoner; and 11
(b) the doctor reasonably believes the thing may be evidence of the 12
commission of an offence or breach of discipline by the prisoner. 13
(6) The doctor must give a seized thing, as soon as practicable, to a 14
corrective services officer. 15
of searches 16
Register
29. The person in charge must establish a register that records the details 17
of each strip or body search, including for example-- 18
(a) the names of the persons present; and 19
(b) details of anything seized from the prisoner. 20
may be required to give test sample 21
Who
30.(1) The chief executive may require the following persons to give a 22
test sample of the type the chief executive requires-- 23
(a) a prisoner; 24
(b) an offender, if it is required by-- 25
(i) a conditional release order; or 26
(ii) post-prison community based release order; or 27
(iii) a court order. 28
(2) The chief executive must give the person the results of any tests 29
s 31 29 s 33
Corrective Services
conducted on the test sample as soon as practicable after the chief executive 1
receives them. 2
testing 3
Random
31.(1) The chief executive may require a number of randomly selected 4
prisoners at a corrective services facility to give test samples. 5
(2) No record must be made to identify the donor of a test sample. 6
(3) The results of any tests conducted on the test samples must be used 7
only for statistical purposes. 8
(4) In this section-- 9
"randomly selected prisoners" means prisoners selected by a computer 10
programmed to make a random selection of names from prisoner 11
records. 12
"test sample" means a sample of breath or urine. 13
test samples 14
Giving
32.(1) The person in charge, a doctor or a nurse may give a prisoner 15
directions about the way the prisoner must give a test sample required by 16
the chief executive. 17
(2) Only a doctor or nurse may take a blood sample. 18
(3) A doctor or nurse, and anyone acting in good faith at the direction of 19
the doctor or nurse, may use the force that is reasonably necessary to enable 20
the doctor or nurse to take the sample. 21
of positive test samples 22
Consequences
33.(1) If a prisoner gives a positive test sample-- 23
(a) the test result may be considered when assessing the prisoner's 24
classification; and 25
(b) the prisoner may be required to undertake a medical or 26
behavioural treatment program. 27
(2) Subsection (1) may apply in addition to the prisoner being dealt with 28
s 34 30 s 35
Corrective Services
for the commission of an offence or a breach of discipline. 1
(3) When acting under subsection (1), a corrective services officer must 2
take into account the circumstances of the case and the prisoner's needs. 3
(4) A prisoner is taken to have given a positive test sample if the 4
prisoner-- 5
(a) refuses to supply a test sample within a reasonable time; or 6
(b) alters or invalidates the results of a test sample; or 7
(c) attempts to alter or invalidate the results of a test sample; or 8
(d) tampers, or attempts to tamper, with a test sample. 9
Division 3--Mail and phone calls 10
mail at prisoner's own expense 11
Prisoner's
34.(1) A prisoner must purchase anything required for the prisoner's 12
mail. 13
(2) However, if the person in charge is satisfied that a prisoner does not 14
have enough money to pay the postage costs, the costs may be paid for by 15
the chief executive. 16
(3) In this case, the prisoner may post a letter no more than twice a week, 17
unless otherwise approved by the person in charge. 18
(4) If a prisoner is participating in an approved program that requires the 19
prisoner to send things by mail, the postage costs must be paid for by the 20
chief executive. 21
searching and censoring mail 22
Opening,
35.(1) The person in charge may open, search and censor a prisoner's 23
mail, other than privileged mail. 24
(2) The person in charge may open and search a prisoner's privileged 25
mail, in the prisoner's presence, if the person in charge reasonably suspects 26
the mail contains-- 27
(a) something that may physically harm the person to whom it is 28
s 36 31 s 36
Corrective Services
addressed; or 1
(b) a prohibited thing. 2
(3) However, the person in charge must not read the privileged mail 3
without the prisoner's written consent. 4
(4) Once searched, a prisoner's mail must be immediately delivered to 5
the person to whom it is addressed. 6
(5) If a search of a prisoner's mail reveals information about the 7
commission of an offence, the person in charge must give the information 8
to the relevant law enforcement agency. 9
(6) In this section-- 10
"search" means search by-- 11
(a) an electronic scanning device; or 12
(b) a physical search. 13
calls 14
Phone
36.(1) A prisoner may-- 15
(a) make 1 phone call on admission to a corrective services facility, at 16
the chief executive's expense; and 17
(b) phone approved persons at approved numbers, at the prisoner's 18
own expense. 19
(2) However, the chief executive may pay for a call mentioned in 20
subsection (1)(b) if the person in charge considers there is sufficient reason 21
to do so. 22
(3) The person in charge may decide the length and frequency of phone 23
calls. 24
(4) A prisoner at a prison must not receive phone calls from outside the 25
prison, except in the event of a family or other personal emergency and with 26
the consent of the person in charge. 27
(5) A prisoner must not-- 28
(a) call an approved number knowing that the call will be diverted to 29
another number to allow the prisoner to contact someone other 30
s 37 32 s 37
Corrective Services
than an approved person; or 1
(b) intentionally continue with a call that-- 2
(i) the prisoner knows is diverted from an approved number to 3
another number; and 4
(ii) allows the prisoner to contact someone other than an 5
approved person; or 6
(c) call an approved number and ask the person called to make a 7
conference call to someone else. 8
Maximum penalty for subsection (5)--6 months imprisonment. 9
(6) In this section-- 10
"approved" means approved by the person in charge. 11
or monitoring phone calls and electronic communications 12
Recording
37.(1) A corrective services officer may record or monitor a phone call or 13
electronic communication to or from a prisoner. 14
(2) However, a corrective services officer must not record or monitor an 15
authorised call or communication between a prisoner and-- 16
(a) the prisoner's lawyer; or 17
(b) an officer of a law enforcement agency; or 18
(c) the Parliamentary Commissioner for Administrative 19
Investigations. 20
(3) The parties to each phone call or electronic communication to or from 21
a prisoner, other than an authorised call or communication, must be advised 22
that the call or communication might be recorded and monitored. 23
(4) A corrective services officer may end a phone call or electronic 24
communication if the officer reasonably considers it constitutes-- 25
(a) an offence; or 26
(b) a breach of a court order; or 27
(c) a threat to the security or good order of a corrective services 28
facility. 29
s 38 33 s 39
Corrective Services
(5) If a phone call or electronic communication reveals information about 1
the commission of an offence, the person in charge must give the 2
information to the relevant law enforcement agency. 3
(6) In this section-- 4
"authorised call or communication" means a phone call or electronic 5
communication that the chief executive has authorised to be made. 6
Division 4--Special treatment orders 7
treatment orders 8
Special
38.(1) The person in charge may make an order (a "special treatment 9
order") that a prisoner receive special treatment. 10
(2) The person in charge may make a special treatment order only if it is 11
for-- 12
(a) the prisoner's safety; or 13
(b) the security or good order of the corrective services facility. 14
(3) The order must-- 15
(a) specify the conditions, prescribed under a regulation, that apply to 16
the prisoner's treatment; and 17
(b) be for a period of no more than 7 days, unless the chief executive 18
otherwise approves. 19
(4) While a prisoner is receiving special treatment under the order-- 20
(a) the prisoner does not forfeit any privileges, other than the 21
privileges that the prisoner can not practicably receive while 22
receiving special treatment; and 23
(b) there must be as little change as possible to the conditions of the 24
prisoner's imprisonment. 25
of special treatment orders 26
Review
39.(1) If a prisoner is ordered to receive special treatment for a period of 27
more than 1 month, the official visitor must review the order-- 28
s 39 34 s 39
Corrective Services
(a) as near as practicable to the end of the first month; and 1
(b) then, at intervals of not more than 1 month until the period ends. 2
(2) If a prisoner is ordered to receive special treatment for a period of 3
more than 3 days, the prisoner may ask the person in charge to refer the 4
order to an official visitor for review. 5
(3) The person in charge must refer the order to an official visitor as soon 6
as practicable. 7
(4) The official visitor must review the order as soon as practicable. 8
(5) When reviewing an order, the official visitor may exercise the powers 9
mentioned in section 215.1 10
(6) After completing a review, the official visitor must-- 11
(a) recommend to the person in charge whether the order should be 12
confirmed, amended or cancelled; and 13
(b) if the official visitor recommends that the order be amended by 14
reducing the period of special treatment, or that the order be 15
cancelled--recommend to the person in charge what should be 16
done about any privileges forfeited by the prisoner while receiving 17
special treatment. 18
(7) On receiving the official visitor's recommendation, the person in 19
charge must-- 20
(a) consider the recommendation; and 21
(b) either-- 22
(i) confirm the order; or 23
(ii) amend the order; or 24
(iii) cancel the order and substitute another order. 25
(8) To remove doubt, it is declared that the person in charge is not bound 26
by the official visitor's recommendation. 27
1 Section 215 (Official visitor's powers)
s 40 35 s 42
Corrective Services
examination 1
Medical
40. A doctor must examine a prisoner ordered to receive a period of 2
special treatment-- 3
(a) as soon as practicable after the period starts; and 4
(b) after the first examination, at intervals that are, to the greatest 5
practicable extent, of not more than 7 days; and 6
(c) as soon as practicable after the period ends. 7
8
Records
41.(1) The person in charge must record the details of each prisoner who 9
is subject to a special treatment order. 10
(2) The details must include-- 11
(a) the prisoner's name, identification number and age; and 12
(b) the dates the prisoner was examined under section 40; and 13
(c) if the order was reviewed-- 14
(i) the date when the review was undertaken; and 15
(ii) the name of the official visitor who reviewed the order; and 16
(iii) the decision of the person in charge. 17
5--Crisis support orders 18
Division
support orders 19
Crisis
42.(1) The person in charge may make an order (a "crisis support 20
order") that a prisoner be admitted to a crisis support unit or health centre in 21
the corrective services facility only if-- 22
(a) a corrective services officer advises the person in charge that the 23
officer reasonably believes there is a risk that the prisoner may 24
harm himself or herself; or 25
(b) a doctor or psychologist advises the person in charge that the 26
doctor or psychologist reasonably believes there is a risk that the 27
s 43 36 s 43
Corrective Services
prisoner may harm himself, herself or someone else. 1
(2) The order must not be for a term longer than-- 2
(a) if made under subsection (1)(a)--5 days or a shorter time it takes 3
for a doctor or psychologist to examine the prisoner; or 4
(b) if made under subsection (1)(b)--3 months. 5
(3) The prisoner may be segregated from other prisoners who are in the 6
crisis support unit or health centre if it is reasonably necessary to reduce the 7
risk of the prisoner harming-- 8
(a) himself or herself; or 9
(b) someone else, including other prisoners. 10
crisis support orders 11
Consecutive
43.(1) The person in charge may make another crisis support order for a 12
prisoner to take effect at the end of an existing crisis support order. 13
(2) However, if the existing order was made on the advice of a corrective 14
services officer, another order may be made only on the advice of a doctor 15
or psychologist. 16
(3) The order must be made no earlier than 14 days before the end of 17
existing order. 18
(4) However, the person in charge must not make the order unless-- 19
(a) not more than 28 days before the end of the existing order, the 20
person in charge gives written notice to the prisoner advising the 21
prisoner that-- 22
(i) the person in charge is about to consider whether another 23
order should be made; and 24
(ii) the prisoner may, within 14 days after receiving the written 25
notice, make submissions to the person in charge about 26
anything relevant to the decision about making the order; and 27
(b) the person in charge considers any submission the prisoner 28
makes under paragraph (a)(ii). 29
s 44 37 s 46
Corrective Services
of crisis support orders 1
Review
44.(1) If the term of a crisis support order is longer than 2 months, the 2
prisoner may ask the person in charge to review the order. 3
(2) The person in charge must refer the order to a doctor or psychologist, 4
other than a doctor or psychologist on whose advice the order was made, 5
for review as soon as practicable. 6
(3) The doctor or psychologist must review the order as soon as 7
practicable. 8
(4) After completing the review, the doctor or psychologist must 9
recommend to the person in charge whether the order should be confirmed 10
or cancelled. 11
(5) On receiving the recommendation of the doctor or psychologist, the 12
person in charge must-- 13
(a) consider the recommendation; and 14
(b) confirm, amend or cancel the order. 15
examination 16
Medical
45. A doctor must examine a prisoner accommodated in a crisis support 17
unit or health centre-- 18
(a) as soon as practicable after the prisoner is admitted to the crisis 19
support unit or health centre; and 20
(b) after the first examination, at intervals that are, to the greatest 21
practicable extent, of not more than 7 days. 22
23
Records
46.(1) The person in charge must record the details of each prisoner who 24
has been admitted to a crisis support unit or health centre. 25
(2) The details must include-- 26
(a) the prisoner's name, identification number and age; and 27
(b) the name of any doctor or psychologist on whose advice the 28
prisoner was accommodated in the crisis support unit or health 29
s 47 38 s 48
Corrective Services
centre; and 1
(c) the dates the prisoner was examined under section 45; and 2
(d) the dates the prisoner was admitted and discharged from the crisis 3
support unit or health centre; and 4
(e) if the crisis support order was reviewed-- 5
(i) the date when the review was undertaken; and 6
(ii) the name of the doctor or psychologist who reviewed the 7
order; and 8
(iii) the decision of the person in charge. 9
6--Maximum security orders 10
Division
security orders 11
Maximum
47.(1) The chief executive may make an order (a "maximum security 12
order") that a prisoner be accommodated in a maximum security facility. 13
(2) The order may be made only if-- 14
(a) the prisoner is classified as maximum security; and 15
(b) the chief executive considers, on reasonable grounds, that 1 or 16
more of the following apply-- 17
(i) there is a high risk the prisoner will escape, or attempt to 18
escape; 19
(ii) there is a high risk the prisoner will inflict death or serious 20
injury on other prisoners or other persons with whom the 21
prisoner may come into contact; 22
(iii) generally, the prisoner is a substantial threat to the security or 23
good order of the facility. 24
(3) The term of the order must not be longer than 6 months. 25
maximum security orders 26
Consecutive
48.(1) The chief executive may make another maximum security order 27
s 49 39 s 49
Corrective Services
for a prisoner to take effect at the end of an existing maximum security 1
order. 2
(2) The order must be made no earlier than 14 days before the end of the 3
existing order. 4
(3) However, the chief executive must not make the order unless-- 5
(a) not more than 28 days before the end of the existing order, the 6
chief executive gives written notice to the prisoner advising the 7
prisoner that-- 8
(i) the chief executive is about to consider whether another order 9
should be made; and 10
(ii) the prisoner may, within 14 days after receiving the written 11
notice, make submissions to the chief executive about 12
anything relevant to the decision about making the order; and 13
(b) the chief executive considers any submission the prisoner makes 14
under paragraph (a)(ii). 15
matters about maximum security orders 16
Other
49.(1) A maximum security order for a prisoner must include, to the 17
extent it is practicable, directions about the extent to which-- 18
(a) the prisoner is to be segregated from other prisoners 19
accommodated in the maximum security facility; and 20
(b) the prisoner is to receive privileges. 21
(2) The privileges the prisoner may receive while under the maximum 22
security order must be limited to privileges-- 23
(a) that can be enjoyed within the maximum security facility; and 24
(b) the enjoyment of which, in the circumstances of the order, may 25
reasonably be expected not to pose a risk to the security or good 26
order of the facility. 27
(3) A maximum security order may include directions about the 28
prisoner's access, within the maximum security facility, to programs and 29
services, including training and counselling. 30
s 50 40 s 51
Corrective Services
of maximum security orders 1
Review
50.(1) A prisoner accommodated in a maximum security facility under a 2
maximum security order may ask the person in charge to refer the order to 3
an official visitor for review. 4
(2) The person in charge must refer the order to an official visitor as soon 5
as practicable. 6
(3) The official visitor must review the order as soon as practicable. 7
(4) If the term of the order is 3 months or less, the prisoner may not ask 8
for the order to be referred more than once. 9
(5) If the term of the order is more than 3 months, the prisoner may not 10
ask for the order to be referred more than twice. 11
(6) Despite subsections (4) and (5), the prisoner may also ask for the 12
order to be referred to an official visitor if the chief executive amends the 13
order, other than under subsection (9). 14
(7) When reviewing the order, the official visitor may exercise the 15
powers mentioned in section 215.2 16
(8) After completing the review, the official visitor must recommend to 17
the chief executive whether the order should be confirmed, amended or 18
cancelled. 19
(9) On receiving the recommendation of the official visitor, the chief 20
executive must-- 21
(a) consider the recommendation; and 22
(b) confirm, amend or cancel the order. 23
(10) To remove doubt, it is declared that the chief executive is not bound 24
by the official visitor's recommendation. 25
examination 26
Medical
51.(1) A doctor must examine a prisoner accommodated in a maximum 27
security facility under a maximum security order-- 28
(a) as soon as practicable after the order takes effect; and 29
2 Section 215 (Official visitor's powers)
s 52 41 s 53
Corrective Services
(b) after the first examination, at intervals that are, to the greatest 1
practicable extent, of not more than 28 days; and 2
(c) as soon as practicable after the order ceases to have effect. 3
(2) For subsection (1), 2 or more orders running consecutively are taken 4
to be 1 order. 5
6
Records
52.(1) The chief executive must record the details of each prisoner who is 7
subject to a maximum security order. 8
(2) The details must include-- 9
(a) the prisoner's name, identification number and age; and 10
(b) the dates the prisoner was examined under section 51; and 11
(c) if the order was reviewed-- 12
(i) the date when the review was undertaken; and 13
(ii) the name of the official visitor who reviewed the order; and 14
(iii) the decision of the chief executive. 15
7--Transfer and removal of prisoners 16
Division
to another facility or a health institution 17
Transfer
53.(1) A corrective services officer may make an order that transfers a 18
prisoner from a corrective services facility to-- 19
(a) another corrective services facility; or 20
(b) a place for-- 21
(i) medical or psychological examination or treatment; or 22
(ii) the examination or treatment of substance dependent 23
persons. 24
(2) The order may include the conditions the officer considers reasonably 25
necessary to effect the transfer. 26
s 54 42 s 54
Corrective Services
(3) The prisoner must be escorted by a corrective services officer or 1
police officer. 2
(4) The prisoner may be detained in a place for as long as is necessary or 3
convenient to give effect to the order. 4
(5) A prisoner who has been or is about to be transferred from a 5
corrective services facility to another corrective services facility, other than a 6
prisoner transferred as an initial placement after admission, may ask the 7
chief executive to review the decision. 8
(6) The chief executive may confirm, amend or cancel the decision. 9
(7) The chief executive's decision is not subject to appeal or further 10
review under this Act. 11
(8) If a prisoner is transferred to a security patients' hospital, or an 12
authorised mental health service, under the Mental Health Act 1974, the 13
prisoner is taken to be in the custody of the hospital administrator. 14
to court 15
Transfer
54.(1) The chief executive must produce a prisoner at the time and place, 16
and for the purpose, stated in a court order. 17
(2) A party to a civil proceeding who requires a prisoner to attend court 18
must pay the chief executive the expenses for the prisoner's attendance. 19
(3) The transfer of a prisoner to a court must be authorised by an order of 20
the chief executive, even if it is required by a court order. 21
(4) In this section-- 22
"civil proceeding" does not include-- 23
(a) a criminal proceeding; or 24
(b) a proceeding relating to official misconduct alleged against an 25
officer of the department. 26
"court" includes a tribunal or person with power to compel persons to 27
attend before it, him or her. 28
s 55 43 s 56
Corrective Services
of prisoner for law enforcement purposes 1
Removal
55.(1) A person may apply to the chief executive, in the approved form, 2
for a prisoner to be removed from a corrective services facility to another 3
place to enable-- 4
(a) the prisoner to provide information to a law enforcement agency 5
to help the agency discharge its law enforcement functions; or 6
(b) a law enforcement agency to question the prisoner about an 7
indictable offence alleged to have been committed by the prisoner. 8
(2) The chief executive may allow the prisoner to be removed only if the 9
prisoner, in the presence of an official visitor, agrees in writing. 10
(3) The prisoner may be removed only by a corrective services officer or 11
police officer. 12
(4) While the prisoner is absent from the corrective services facility, the 13
prisoner is taken to be in the custody of the chief executive of the law 14
enforcement agency. 15
Division 8--WORC and WCC programs 16
ORC and WCC programs 17
W
56.(1) The chief executive may approve a program as a WORC or WCC 18
program. 19
(2) The chief executive may, by written order (a "community work 20
order"), grant approval for a prisoner to participate in-- 21
(a) for a male prisoner--a WORC program; or 22
(b) for a female prisoner--a WCC program. 23
(3) A prisoner participating in a WORC or WCC program must perform 24
community service as directed by a corrective services officer. 25
(4) A community work order may include a condition that the chief 26
executive considers reasonably necessary to-- 27
(a) help the prisoner's reintegration into the community; or 28
(b) ensure the prisoner's good conduct; or 29
s 57 44 s 57
Corrective Services
(c) stop the prisoner committing an offence. 1
(5) The chief executive must give a copy of the order to the prisoner. 2
(6) The prisoner must-- 3
(a) keep the copy of the order in the prisoner's possession while 4
participating in the program; and 5
(b) produce the copy of the order for inspection by a police officer or 6
a corrective services officer if the officer asks the prisoner to do 7
so. 8
for WORC and WCC programs 9
Eligibility
57.(1) A prisoner is not eligible to participate in a WORC or WCC 10
program if-- 11
(a) the prisoner has been charged with an offence that has not been 12
dealt with; or 13
(b) the chief executive is aware of an unexecuted warrant relating to 14
the prisoner; or 15
(c) a deportation or extradition order has been made against the 16
prisoner; or 17
(d) the State has appealed against the prisoner's sentence; or 18
(e) for a WORC program--the prisoner has been convicted of an 19
offence under a provision mentioned in schedule 1.3 20
(2) When deciding whether to allow a prisoner to participate in a WORC 21
or WCC program, the chief executive must consider-- 22
(a) any recommendation of the sentencing court; and 23
(b) the risk the prisoner may pose to the community, including for 24
example, by considering-- 25
(i) whether the prisoner is likely to escape; and 26
(ii) the risk of physical or psychological harm to a member of 27
the community and the degree of risk; and 28
3 Schedule 1 (Ineligibility offences)
s 58 45 s 59
Corrective Services
(iii) the prisoner's classification; and 1
(c) anything else the chief executive considers relevant. 2
Division 9--Leave of absence 3
of absence 4
Leave
58.(1) The chief executive may, by written order, grant a prisoner-- 5
(a) leave for community service ("community service leave"); or 6
(b) leave for compassionate reasons ("compassionate leave"); or 7
(c) leave for educational or vocational activities ("educational 8
leave"); or 9
(d) leave for medical, dental or optical treatment ("health leave"); or 10
(e) leave for resettlement purposes ("resettlement leave"); or 11
(f) leave for another purpose that justifies the granting of leave. 12
(2) The chief executive may grant leave on reasonable conditions stated in 13
the order. 14
(3) The chief executive may order that the prisoner remain in the physical 15
custody of, or be supervised by, a corrective services officer during the 16
leave. 17
leave 18
Compassionate
59.(1) Compassionate leave may be granted to enable a prisoner-- 19
(a) to visit a relative who is seriously ill; or 20
(b) to attend a relative's funeral; or 21
(c) for a female prisoner who is the mother of a young child--to 22
establish the child with a replacement primary care giver; or 23
(d) for a prisoner who, before being imprisoned, was the primary 24
care giver of a child under 17 years--to maintain the relationship 25
with the child. 26
(2) The prisoner must prove the need for the leave to the chief executive's 27
s 60 46 s 61
Corrective Services
satisfaction. 1
(3) In this section-- 2
"primary care giver", for a child, means a person who-- 3
(a) has sole custody of the child; or 4
(b) is the sole provider of ongoing daily care for the child. 5
leave 6
Resettlement
60.(1) Resettlement leave may only be granted to a prisoner prescribed 7
under a regulation. 8
(2) If the chief executive decides to refuse to grant resettlement leave to a 9
prescribed prisoner, the chief executive must advise the prisoner of the 10
decision. 11
of absence available to serious violent offenders 12
Leave
61.(1) This section applies to the grant of any of the following leave to a 13
prisoner who has been convicted of a serious violent offence-- 14
(a) community service leave; 15
(b) educational leave; 16
(c) resettlement leave. 17
(2) If a court has ordered that the prisoner serve a stated period before 18
being granted leave, the chief executive must not grant leave unless the 19
prisoner has served at least the stated period. 20
(3) Otherwise, the chief executive must not grant leave unless the 21
prisoner has served at least-- 22
(a) if the prisoner is serving life imprisonment--15 years; or 23
(b) if the prisoner is serving another period of 24
imprisonment--15 years, or 80% of the sentence imposed, 25
whichever is less. 26
(4) In deciding whether to grant leave, the chief executive must consider 27
any recommendation of the court about the prisoner. 28
s 62 47 s 64
Corrective Services
(5) It is a condition of the leave that the prisoner remain in the physical 1
custody of a corrective services officer during the leave. 2
of absence available to certain other prisoners 3
Leave
62.(1) The following prisoners may be granted compassionate or health 4
leave-- 5
(a) a prisoner detained on remand for an offence; 6
(b) a prisoner detained under the Migration Act 1958 (Cwlth); 7
(c) a prisoner imprisoned for an indefinite period for contempt; 8
(d) a prisoner detained under the Criminal Law Amendment Act 1945, 9
part 3.4 10
(2) The prisoner must remain in the physical custody of a corrective 11
services officer during the leave. 12
expenses while on leave of absence 13
Prisoner's
63.(1) The chief executive may authorise a prisoner who has been 14
granted leave of absence to be given money or something else that the chief 15
executive considers necessary to meet the prisoner's requirements while on 16
the leave. 17
(2) The prisoner must return to the chief executive the unused portion of 18
money given to the prisoner. 19
duties while on leave of absence 20
Prisoner's
64.(1) The chief executive must give a prisoner who is granted leave of 21
absence a copy of the order granting leave. 22
(2) While on the leave, the prisoner must-- 23
(a) keep the copy of the order in the prisoner's possession; and 24
(b) produce the copy of the order for inspection by a police officer or 25
4 Criminal Law Amendment Act 1945, part 3 (Indeterminate detention of offenders
convicted of sexual offences)
s 65 48 s 67
Corrective Services
corrective services officer if the officer asks the prisoner to do so. 1
(3) The prisoner must comply with the conditions stated in the order, 2
unless the prisoner has a reasonable excuse. 3
Maximum penalty for subsection (3)--6 months imprisonment. 4
(4) If the chief executive reasonably suspects the prisoner has not 5
complied with a condition, the chief executive may-- 6
(a) suspend the operation of the order; and 7
(b) require the prisoner to return to a corrective services facility. 8
(5) The chief executive need not notify the prisoner of the suspension of 9
the order before requiring the prisoner to return, if the chief executive 10
reasonably suspects the prisoner poses a serious and immediate risk of 11
harm either to himself, herself or someone else. 12
of absence is part of term of imprisonment 13
Leave
65. The time spent by a prisoner on leave of absence counts as time 14
served under the prisoner's period of imprisonment. 15
is not leave of absence 16
What
66. Leave of absence is not required to authorise the transfer of a prisoner 17
from a corrective services facility-- 18
(a) to another part of the facility; or 19
(b) to another corrective services facility, if the prisoner does not go 20
anywhere else on the way to the facility. 21
10--Interstate leave of absence 22
Division
leave permits 23
Interstate
67.(1) The chief executive may, by written order (an "interstate leave 24
permit") issued to a prisoner, grant leave to the prisoner to travel to and 25
from, and remain in, a participating State for a stated period of not more 26
than 7 days for a purpose prescribed under a regulation. 27
s 68 49 s 69
Corrective Services
(2) The chief executive may nominate, in the permit, a corrective services 1
officer to escort the prisoner while on leave. 2
(3) The permit is subject to the conditions, including conditions about 3
escorting the prisoner, the chief executive states in the permit. 4
(4) A prisoner must comply with the conditions of an interstate leave 5
permit, unless the prisoner has a reasonable excuse. 6
Maximum penalty for subsection (4)--6 months imprisonment. 7
of interstate leave permit 8
Effect
68.(1) An interstate leave permit issued to a prisoner authorises the 9
prisoner to be absent from the corrective services facility for the purpose 10
and for the period stated in the permit, either-- 11
(a) unescorted; or 12
(b) while being escorted by a nominated corrective services officer. 13
(2) If a corrective services officer is nominated to escort the prisoner, the 14
permit authorises the officer to escort the prisoner-- 15
(a) to the participating State, whether or not across another State, and 16
within the participating State; and 17
(b) back to the corrective services facility. 18
(3) While a prisoner is on leave under an interstate leave permit, the 19
prisoner remains in the chief executive's custody. 20
(4) The time spent by a prisoner on leave under an interstate leave permit 21
counts as time served under the prisoner's period of imprisonment, but only 22
if the prisoner does not breach a condition of the permit. 23
or repealing permits 24
Amending
69.(1) The chief executive may, by signed instrument, amend or repeal 25
an interstate leave permit. 26
(2) The amendment or repeal takes effect immediately the chief executive 27
signs the instrument. 28
s 70 50 s 72
Corrective Services
to participating State 1
Notice
70. On the granting of an interstate leave permit, the chief executive must 2
give written notice of the issue, and period, of the permit to-- 3
(a) the corresponding chief executive and chief officer of police of the 4
participating State; and 5
(b) the chief officer of police of any other State through which the 6
prisoner is to travel to reach the participating State. 7
of corresponding interstate leave permit 8
Effect
71.(1) This section applies to a person who is authorised to escort an 9
interstate prisoner under a corresponding interstate leave permit (the 10
"interstate escort"). 11
(2) The interstate escort is authorised, in Queensland, to escort the 12
prisoner-- 13
(a) for the purposes stated in the permit, including for the purpose of 14
returning the interstate prisoner to the participating State; and 15
(b) for the period stated in the permit. 16
of interstate prisoner 17
Escape
72.(1) This section applies to an interstate prisoner who is in Queensland 18
under a corresponding interstate leave permit. 19
(2) If the prisoner escapes from custody, the prisoner may be arrested 20
without warrant by the prisoner's escort, a police officer or another person. 21
(3) If the prisoner has escaped and been arrested, or has attempted to 22
escape, the prisoner may be taken before a magistrate. 23
(4) Despite the terms of the corresponding interstate leave permit, the 24
magistrate may, by warrant, order the prisoner-- 25
(a) to be returned to the participating State; and 26
(b) to be delivered to an interstate escort. 27
(5) The warrant may be executed according to its terms. 28
(6) The prisoner mentioned in the warrant may be detained as a prisoner 29
s 73 51 s 75
Corrective Services
of the State-- 1
(a) for 14 days after the warrant is issued; or 2
(b) until the prisoner is delivered into the custody of an interstate 3
escort, if that happens before the end of the 14 days. 4
(7) If the prisoner is not delivered into the custody of an interstate escort 5
within 14 days after the warrant is issued, the warrant ceases to have effect. 6
for damage 7
Liability
73.(1) The State is liable for any damage or loss sustained by anyone in a 8
participating State that is caused by the act or omission of a prisoner, or the 9
corrective services officer escorting the prisoner, while in the participating 10
State because of an interstate leave permit. 11
(2) Nothing in this section affects any right of action the State may have 12
against a prisoner or corrective services officer for the damage or loss 13
concerned. 14
laws 15
Corresponding
74. The Governor in Council may, by regulation, declare a law of another 16
State to be a corresponding law for this division, if satisfied the law 17
substantially corresponds to the provisions of this division. 18
11--Remission and conditional release 19
Division
for remission 20
Eligibility
75.(1) A prisoner may be granted remission if-- 21
(a) the prisoner is serving a term of imprisonment imposed for an 22
offence committed before the commencement of this section; and 23
(b) the term of imprisonment is 2 months or more; and 24
(c) the prisoner has not been granted release under a post-prison 25
community based release order. 26
(2) The chief executive must grant remission of one-third of the term of 27
s 76 52 s 76
Corrective Services
imprisonment if-- 1
(a) the prisoner's discharge does not pose an unacceptable risk to the 2
community; and 3
(b) the prisoner has been of good conduct and industry. 4
(3) However, if the prisoner is convicted of an offence committed during 5
a term of imprisonment, the chief executive may grant remission only for 6
the balance of the term after the offence was committed. 7
(4) In deciding whether the prisoner has been of good conduct and 8
industry when granting remission for the balance of the term, the chief 9
executive may only consider the prisoner's conduct and industry during the 10
balance of the term. 11
for conditional release 12
Eligibility
76.(1) A prisoner may be granted conditional release if the prisoner-- 13
(a) is serving a period of imprisonment of 2 years or less, for an 14
offence or offences that the prisoner committed after the 15
commencement of this section; and 16
(b) has served two-thirds of the period of imprisonment; and 17
(c) has not been convicted of an offence committed during the period 18
of imprisonment. 19
(2) A default period of imprisonment for the non-payment of a fine or 20
restitution, that is ordered to be served cumulatively with another period of 21
imprisonment, is not to be taken into account when calculating the period of 22
imprisonment for subsection (1)(a). 23
(3) The chief executive must make an order (a "conditional release 24
order") granting a prisoner conditional release if-- 25
(a) the prisoner's release does not pose an unacceptable risk to the 26
community; and 27
(b) the prisoner has been of good conduct and industry. 28
(4) A conditional release order may contain a condition that the chief 29
executive considers reasonably necessary to-- 30
(a) help the prisoner's reintegration into the community; or 31
s 77 53 s 78
Corrective Services
(b) secure the prisoner's good conduct; or 1
(c) stop the prisoner committing an offence. 2
(5) The chief executive must give a copy of the order to the prisoner. 3
to community 4
Risk
77. In deciding whether a prisoner's discharge or release poses an 5
unacceptable risk to the community, the chief executive must consider, but 6
is not limited to considering, the following-- 7
(a) the possibility of the prisoner committing further offences; 8
(b) the risk of physical or psychological harm to a member of the 9
community and the degree of risk; 10
(c) the prisoner's past offences and any patterns of offending; 11
(d) whether the circumstances of the offence or offences for which 12
the prisoner was convicted were exceptional when compared with 13
the majority of offences committed of that kind; 14
(e) whether there are any other circumstances that may increase the 15
risk to the community when compared with the risk posed by an 16
offender committing offences of that kind; 17
(f) any remarks made by the sentencing court; 18
(g) any medical or psychological report relating to the prisoner; 19
(h) any behavioural report relating to the prisoner; 20
(i) anything else prescribed under a regulation. 21
ood conduct and industry 22
G
78. In deciding whether a prisoner has been of good conduct and 23
industry, the chief executive must consider-- 24
(a) whether the prisoner has complied with all requirements to which 25
the prisoner was subject; and 26
(b) whether the prisoner has undergone separate confinement for a 27
major breach of discipline, of at least 7 days, on 3 or more 28
occasions; and 29
s 79 54 s 81
Corrective Services
(c) whether the prisoner has participated in approved activities or 1
programs to the best of the prisoner's ability; and 2
(d) anything else prescribed under a regulation. 3
remission or conditional release 4
Refusing
79.(1) This section applies if the chief executive is considering refusing-- 5
(a) to grant remission; or 6
(b) to make a conditional release order. 7
(2) The chief executive must give the prisoner a notice-- 8
(a) stating that the chief executive is considering refusing to grant 9
remission or make the order; and 10
(b) outlining the reason for the proposed refusal; and 11
(c) inviting the prisoner to show cause, by written submissions given 12
to the chief executive within 21 days after the notice is given, why 13
the remission or conditional release order should not be refused. 14
(3) The notice must be given at least 21 days before the date on which the 15
prisoner would otherwise be eligible for remission or conditional release. 16
(4) The chief executive must consider all written submissions made 17
within the 21 days and inform the prisoner, by written notice, whether the 18
remission or conditional release is refused. 19
of conditional release orders 20
Cancellation
80.(1) A conditional release order is automatically cancelled if the 21
prisoner, during the term of the order, commits an offence for which the 22
prisoner is sentenced to a term of imprisonment that is not suspended. 23
(2) The time for which the prisoner was released before committing the 24
offence counts as time served for the prisoner's period of imprisonment. 25
of remission on cumulative sentences 26
Effect
81. If a prisoner is ordered to serve a term of imprisonment (the "second 27
term") cumulatively with another term of imprisonment (the "first term"), 28
s 82 55 s 83
Corrective Services
the second term starts at the end of the first term, taking into account any 1
remission granted in relation to the first term. 2
Division 12--Discharge or release 3
or release of prisoner 4
Discharge
82.(1) On a prisoner's release day, the prisoner must be discharged or 5
released at the time decided by the chief executive. 6
(2) If the prisoner's release day would, apart from this subsection, be-- 7
(a) a Saturday or Sunday; or 8
(b) a public holiday throughout Queensland; or 9
(c) a public holiday at the place where the prisoner is held in custody; 10
the prisoner must be discharged or released on the last day before the release 11
day that is not a day mentioned in paragraph (a), (b) or (c). 12
(3) The chief executive may give a prisoner help when the prisoner is 13
discharged or released. 14
(4) In this section-- 15
"release day" means the day on which a prisoner is to be-- 16
(a) released on home detention; or 17
(b) conditionally released; or 18
(c) released on parole; or 19
(d) discharged. 20
discharge 21
Early
83.(1) This section applies to a person if-- 22
(a) the person has served at least half of the person's period of 23
imprisonment; and 24
(b) the person is-- 25
(i) a prisoner; or 26
s 84 56 s 84
Corrective Services
(ii) a sentenced person in the custody of the commissioner. 1
(2) The chief executive may order that the person be discharged-- 2
(a) if the person's period of imprisonment is less than 1 year--within 3
7 days immediately before the day on which the person would 4
otherwise be discharged; or 5
(b) if the person's period of imprisonment is 1 year or more--within 6
14 days immediately before the day on which the person would 7
otherwise be discharged. 8
in facility after being eligible for discharge 9
Remaining
84.(1) A prisoner may apply in writing to the chief executive for 10
permission to remain in a corrective services facility after the prisoner is 11
eligible to be discharged. 12
(2) The chief executive may grant or refuse the application. 13
(3) If the chief executive grants the application, the prisoner-- 14
(a) is taken to have completed the prisoner's term of imprisonment at 15
the time at which the prisoner is eligible to be discharged; and 16
(b) must be discharged within 4 days after the day on which the 17
prisoner is eligible to be discharged. 18
(4) While a person who was a prisoner remains in a corrective services 19
facility after discharge, a corrective services officer may give the person a 20
direction that the officer considers reasonably necessary for the security or 21
good order of the corrective services facility or a person's safety. 22
(5) The person must comply with the direction, unless the person has a 23
reasonable excuse. 24
Maximum penalty--40 penalty units. 25
(6) If the person fails to comply with the direction-- 26
(a) the officer may direct the person to leave the facility; and 27
(b) if the person fails to leave the facility--a corrective services 28
officer may, using reasonable and necessary force, remove the 29
person from the facility. 30
s 85 57 s 85
Corrective Services
(7) Subsection (6) applies whether or not a person is charged with an 1
offence against subsection (5). 2
Division 13--Arrest of prisoners 3
prisoners unlawfully at large 4
Arresting
85.(1) If a prisoner is unlawfully at large, a corrective services officer 5
may-- 6
(a) arrest the prisoner without warrant; or 7
(b) apply in writing to an authorised person for the issue of a warrant 8
for the prisoner's arrest. 9
(2) The authorised person may issue the warrant only if satisfied the 10
prisoner is unlawfully at large. 11
(3) The warrant may be directed to all corrective services officers and 12
may be executed by any of them. 13
(4) A warrant may be issued and a prisoner may be arrested even if at the 14
time of issue or arrest the prisoner could, if granted full remission for the 15
prisoner's term of imprisonment, have been lawfully discharged. 16
(5) The period during which a prisoner is unlawfully at large does not 17
count as part of the prisoner's term of imprisonment. 18
(6) In this section-- 19
"authorised person" means-- 20
(a) if a prisoner is unlawfully at large after a post-prison community 21
based release order has been cancelled--a corrections board; or 22
(b) in any case--the chief executive or a magistrate. 23
"unlawfully at large", for a prisoner, includes when-- 24
(a) the prisoner has been mistakenly discharged before the prisoner 25
was eligible to be discharged; or 26
(b) the prisoner has escaped from lawful custody. 27
s 86 58 s 86
Corrective Services
CHAPTER 3--BREACHES AND OFFENCES 1
PART 1--BREACHES OF DISCIPLINE BY 2
PRISONERS 3
of discipline 4
Breaches
86.(1) A regulation may prescribe an act or omission to be a breach of 5
discipline. 6
(2) If an act or omission of a prisoner could be dealt with either as an 7
offence or as a breach of discipline, the chief executive must immediately 8
advise the commissioner of the act or omission. 9
(3) The time allowed for deciding a breach of discipline for the prisoner's 10
act or omission does not start to run until the commissioner has advised the 11
chief executive whether the act or omission will be prosecuted as an offence. 12
(4) The chief executive must forward the commissioner's advice to the 13
person in charge of the corrective services facility at which the prisoner is 14
accommodated. 15
(5) A corrective services officer need not start proceedings against a 16
prisoner for a breach of discipline if the officer considers the proceedings 17
should not be started having regard to-- 18
(a) the trivial nature of the breach; or 19
(b) the circumstances surrounding the commission of the breach; or 20
(c) the previous conduct of the prisoner. 21
(6) If the officer decides to start proceedings against a prisoner for a 22
breach of discipline, the officer must decide whether the prisoner should be 23
proceeded against for a major breach or a minor breach. 24
(7) If the officer decides to treat the breach as a major breach, the officer 25
must notify, in the approved form, a corrective services officer who holds a 26
more senior office than the officer. 27
(8) A prisoner must not be punished for an act or omission as a breach of 28
discipline if the prisoner has been convicted or acquitted of an offence for 29
the same act or omission. 30
s 87 59 s 87
Corrective Services
(9) A prisoner must not be charged with an offence because of an act or 1
omission if the prisoner has been punished for the act or omission as a 2
breach of discipline. 3
whether breach of discipline committed 4
Considering
87.(1) If a prisoner is alleged to have committed a breach of discipline, a 5
deciding officer must decide whether the breach was committed-- 6
(a) as soon as practicable after the deciding officer becomes aware of 7
the alleged breach, but within-- 8
(i) for a minor breach--24 hours after the officer becomes 9
aware; or 10
(ii) for a major breach--7 days after the officer becomes aware; 11
or 12
(b) if the commissioner was advised of the prisoner's act or omission 13
and has advised the chief executive that the act or omission is not 14
to be prosecuted as an offence--as soon as practicable, but within 15
7 days, after the chief executive is advised. 16
(2) The deciding officer must-- 17
(a) inform the prisoner of any evidence that supports the allegation; 18
and 19
(b) give the prisoner a reasonable opportunity to make submissions 20
in the prisoner's defence, including for example, by-- 21
(i) questioning any witness called by the officer who decided 22
under section 86(6) to start the proceedings; and 23
(ii) calling a person within the facility to give evidence in the 24
prisoner's defence, unless the officer considers the evidence 25
may be given in writing or in another form; and 26
(c) give the prisoner a reasonable opportunity to make submissions 27
in mitigation of punishment. 28
(3) The deciding officer may question the prisoner and anyone else who 29
may be able to provide relevant information. 30
(4) Neither the officer who alleges the breach nor the prisoner are allowed 31
any legal or other representation before the deciding officer. 32
s 88 60 s 88
Corrective Services
(5) The deciding officer is not bound by the rules of evidence but may, 1
subject to any regulation, inform himself or herself about the matter in the 2
way the officer thinks appropriate. 3
(6) The consideration of a major breach of discipline must be videotaped. 4
of breach of discipline 5
Consequences
88.(1) This section applies if a deciding officer-- 6
(a) is satisfied, on the balance of probabilities, that a prisoner has 7
committed a minor breach of discipline; or 8
(b) is satisfied, beyond a reasonable doubt, that a prisoner has 9
committed a major breach of discipline. 10
(2) The officer may-- 11
(a) reprimand the prisoner without further punishment; or 12
(b) order the prisoner to forfeit privileges that the prisoner may have 13
otherwise received-- 14
(i) for a minor breach--in the 24 hours starting when the 15
prisoner is advised of the decision; or 16
(ii) for a major breach--in the 7 days starting when the prisoner 17
is advised of the decision; or 18
(c) order the prisoner to undergo separate confinement. 19
(3) However, separate confinement may be ordered for a minor breach of 20
discipline only if the prisoner has habitually committed minor breaches of 21
discipline and, on the occasion of the last breach, was warned that the next 22
breach could result in the prisoner being separately confined. 23
(4) Immediately after making the decision, the deciding officer must 24
advise the prisoner-- 25
(a) of the decision; and 26
(b) that the prisoner may have the decision reviewed; and 27
(c) how the prisoner may have the decision reviewed. 28
(5) If the prisoner wants to have the decision reviewed, the prisoner must 29
notify the deciding officer immediately after being advised of the decision. 30
s 89 61 s 89
Corrective Services
(6) If the prisoner notifies the deciding officer that the prisoner wants to 1
have the decision reviewed, the deciding officer's decision is stayed until the 2
review is finished. 3
of decision 4
Review
89.(1) A review of a decision that a prisoner has committed a breach of 5
discipline must be-- 6
(a) by way of rehearing, unaffected by the decision, on the material 7
before the deciding officer and any further evidence allowed by 8
the officer conducting the review; and 9
(b) conducted by a corrective services officer who holds a more 10
senior office than the deciding officer; and 11
(c) carried out as soon as practicable after the prisoner gives notice 12
that the prisoner wants the decision to be reviewed. 13
(2) The prisoner may be present at the hearing and make submissions in 14
the prisoner's defence or in mitigation of punishment. 15
(3) Neither the deciding officer nor the prisoner are allowed any legal or 16
other representation at the hearing of the review. 17
(4) However, the prisoner may be helped by someone from the 18
corrective services facility if the prisoner is disadvantaged by-- 19
(a) language barriers; or 20
(b) impaired mental capacity. 21
(5) The hearing of the review of a major breach of discipline must be 22
videotaped. 23
(6) The officer reviewing the decision may-- 24
(a) confirm the decision; or 25
(b) vary the decision; or 26
(c) set the decision aside and substitute another decision for it. 27
(7) Immediately after making the decision, the officer must advise the 28
prisoner of the decision. 29
s 90 62 s 92
Corrective Services
(8) The decision of the officer reviewing the decision is not subject to 1
appeal or further review under this Act. 2
breach register 3
Disciplinary
90. The person in charge must keep a register that contains details of-- 4
(a) each decision to deal with a prisoner for a breach of discipline and 5
each decision that a prisoner has committed a breach of discipline; 6
and 7
(b) each review of a decision that a prisoner has committed a breach 8
of discipline. 9
confinement 10
Separate
91.(1) An order that a prisoner undergo separate confinement may order 11
a prisoner to be separately confined, for a period of no more than 7 days. 12
(2) The order must-- 13
(a) take any special needs of the prisoner into account; and 14
(b) contain directions about the extent to which the prisoner is to 15
receive privileges. 16
(3) A doctor must examine the prisoner separately confined as soon as 17
practicable after the order-- 18
(a) takes effect; and 19
(b) ceases to have effect. 20
ART 2--OFFENCES BY PRISONERS 21
P
assembly, riot and mutiny 22
Unlawful
92.(1) A prisoner must not take part in an unlawful assembly. 23
Maximum penalty--3 years imprisonment. 24
(2) A prisoner must not take part in a riot or mutiny. 25
s 92 63 s 92
Corrective Services
Maximum penalty-- 1
(a) if during the riot or mutiny the prisoner wilfully and unlawfully 2
damages or destroys, or attempts to damage or destroy, property 3
that is part of a corrective services facility and the security of the 4
facility is endangered by the act--life imprisonment; or 5
(b) if during the riot or mutiny the prisoner demands that anything be 6
done or not done with threats of injury or detriment to any person 7
or property--14 years imprisonment; or 8
(c) if during the riot or mutiny the prisoner escapes or attempts to 9
escape from lawful custody, or helps another prisoner to escape 10
or attempt to escape from lawful custody--14 years 11
imprisonment; or 12
(d) if during the riot or mutiny the prisoner wilfully and unlawfully 13
damages or destroys, or attempts to damage or destroy, any 14
property--10 years imprisonment; or 15
(e) otherwise--6 years imprisonment. 16
(3) An offence against this section is a crime. 17
(4) For this section, there is an "unlawful assembly" when 3 or more 18
prisoners-- 19
(a) assemble with intent to carry out a common purpose and there are 20
reasonable grounds to believe they will-- 21
(i) tumultuously disturb the peace; or 22
(ii) provoke other prisoners to tumultuously disturb the peace; or 23
(b) having assembled with intent to carry out a common purpose, 24
whether or not the assembly was lawful, conduct themselves in a 25
way that there are reasonable grounds to believe they will-- 26
(i) tumultuously disturb the peace; or 27
(ii) provoke other prisoners to tumultuously disturb the peace. 28
(5) In this section-- 29
"mutiny" means 3 or more prisoners collectively challenging authority 30
under this Act, with intent to subvert the authority, if the security of the 31
facility is endangered. 32
s 93 64 s 94
Corrective Services
"riot" means an unlawful assembly that has begun to act in so tumultuous a 1
way as to disturb the peace. 2
things 3
Prohibited
93.(1) A regulation may prescribe a thing to be a prohibited thing. 4
(2) A prisoner must not make, attempt to make, possess, conceal or 5
knowingly consume-- 6
(a) a prohibited thing; or 7
(b) something intended to be used by a prisoner to make a prohibited 8
thing. 9
Maximum penalty--2 years imprisonment. 10
(3) However, subsection (2) does not apply to-- 11
(a) making or attempting to make a thing, if the prisoner has the 12
person in charge's written consent to make the thing; or 13
(b) possession of a thing, if the prisoner has the person in charge's 14
written consent to possess the thing. 15
(4) The finding of a prohibited thing in a prisoner's room, or on the 16
person of a prisoner, is evidence that the thing was in the prisoner's 17
possession when it was found. 18
offences 19
Other
94. A prisoner must not-- 20
(a) prepare to escape from lawful custody;5 or 21
(b) disobey a lawful direction of the proper officer of a court or a 22
person assisting the proper officer of a court; or 23
(c) organise, attempt to organise or take part in any opposition to 24
authority under this Act, whether inside or outside a corrective 25
services facility; or 26
5 See the Criminal Code, section 142 (Escape by persons in lawful custody) for
the offence of escaping from lawful custody.
s 95 65 s 95
Corrective Services
(d) threaten to do grievous bodily harm to anyone; or 1
(e) unlawfully kill or injure, or attempt to unlawfully kill or injure, a 2
corrective services dog; or 3
(f) obstruct a corrective services dog working under the control of a 4
corrective services dog handler performing duties as a corrective 5
services officer; or 6
(g) assume another identity, or disguise himself or herself, in order to 7
commit an offence against this Act; or 8
(h) wilfully and unlawfully destroy, damage, remove or otherwise 9
interfere with any part of a corrective services facility or any 10
property in the facility; or 11
(i) without lawful authority, abstract information from, destroy 12
information in or make a false entry in a record kept under this 13
Act. 14
Maximum penalty--2 years imprisonment. 15
ART 3--GENERAL OFFENCES 16
P
corrective services officer 17
Obstructing
95.(1) A person must not obstruct a corrective services officer, or proper 18
officer of a court, in the performance of a function under this Act unless the 19
person has a reasonable excuse. 20
Maximum penalty--40 penalty units or 1 year's imprisonment. 21
(2) A person who obstructs a corrective services dog under the control of 22
a corrective services dog handler performing duties as a corrective services 23
officer is taken to obstruct a corrective services officer. 24
(3) In this section-- 25
"obstruct" includes hinder, resist and attempt to obstruct. 26
s 96 66 s 97
Corrective Services
things 1
Prohibited
96.(1) A person must not-- 2
(a) take, or attempt to take, a prohibited thing into a corrective 3
services facility; or 4
(b) cause, or attempt to cause, a prohibited thing to be taken into a 5
corrective services facility; or 6
(c) give, or attempt to give, a prohibited thing to a prisoner or 7
prisoner of a court; or 8
(d) cause, or attempt to cause, a prohibited thing to be given to a 9
prisoner or prisoner of a court. 10
Maximum penalty--100 penalty units or 2 years imprisonment. 11
(2) A person does not commit an offence under subsection (1) if, for the 12
relevant act carried out or attempted, the person has the approval of-- 13
(a) if the act relates to a corrective services facility or a prisoner--the 14
chief executive; or 15
(b) if the act relates to a prisoner of a court--the proper officer of the 16
court. 17
(3) In this section-- 18
"give" includes send. 19
"prohibited thing" includes something that the person intends the prisoner 20
or prisoner of a court to use to make a prohibited thing. 21
things from facilities 22
Removing
97.(1) A person must not, without the chief executive's approval-- 23
(a) remove, or attempt to remove, anything from a corrective services 24
facility; or 25
(b) cause, or attempt to cause, anything to be removed from a 26
corrective services facility; or 27
(c) take, or attempt to take, anything from a prisoner, whether inside 28
or outside a corrective services facility. 29
Maximum penalty--40 penalty units. 30
s 98 67 s 100
Corrective Services
(2) Subsection (1)(c) does not apply to a corrective services officer in the 1
course of his or her duties. 2
entry 3
Unlawful
98. A person must not-- 4
(a) enter, or attempt to enter, a corrective services facility, without the 5
person in charge's approval; or 6
(b) assume a false identity for the purposes of entering a corrective 7
services facility. 8
Maximum penalty--100 penalty units or 2 years imprisonment. 9
or injuring corrective services dogs 10
Killing
99.(1) A person must not, without the chief executive's approval-- 11
(a) kill or injure a corrective services dog; or 12
(b) attempt to kill or injure a corrective services dog. 13
Maximum penalty--100 penalty units or 2 years imprisonment. 14
(2) If a person is convicted of killing or injuring a corrective services dog, 15
the court may, in addition to a penalty imposed under subsection (1), order 16
the person to pay to the chief executive the reasonable costs of the chief 17
executive for-- 18
(a) veterinary treatment and care of the dog; or 19
(b) retraining the dog; or 20
(c) acquiring and training a replacement dog. 21
and photographing prisoners etc. 22
Interviewing
100.(1) A person must not-- 23
(a) interview a prisoner, or get a written or recorded statement from a 24
prisoner, whether the prisoner is inside or outside a corrective 25
services facility; or 26
(b) photograph or attempt to photograph-- 27
s 101 68 s 102
Corrective Services
(i) a prisoner inside a corrective services facility; or 1
(ii) a part of a corrective services facility. 2
Maximum penalty--100 penalty units or 2 years imprisonment. 3
(2) A person does not commit an offence if the person is-- 4
(a) for subsection (1)(a) or (b)(i)--the prisoner's lawyer; or 5
(b) an employee of a law enforcement agency; or 6
(c) the Parliamentary Commissioner for Administrative 7
Investigations; or 8
(d) a person who has the chief executive's approval. 9
(3) In this section-- 10
"photograph" includes record a visual image by another apparatus. 11
"prisoner" includes a person released under a post-prison community 12
based release order. 13
with records 14
Interfering
101.(1) A person must not, without the chief executive's approval-- 15
(a) take, or attempt to take, information from a record kept under this 16
Act; or 17
(b) destroy, or attempt to destroy, information in a record kept under 18
this Act. 19
(2) A person must not make, or attempt to make, a false entry in a record 20
kept under this Act. 21
Maximum penalty--100 penalty units or 2 years imprisonment. 22
or misleading information 23
False
102.(1) A person must not give information to an official, including in a 24
document, that the person knows is false or misleading in a material 25
particular. 26
Maximum penalty-- 27
(a) if the person is a prisoner--2 years imprisonment; or 28
s 103 69 s 103
Corrective Services
(b) otherwise--100 penalty units or 2 years imprisonment. 1
(2) Subsection (1) does not apply to a person giving a document, if the 2
person when giving the document-- 3
(a) informs the official, to the best of the person's ability, how it is 4
false or misleading; and 5
(b) if the person has, or can reasonably obtain, the correct 6
information--gives the correct information. 7
(3) It is enough for a complaint against a person for an offence against 8
subsection (1) to state that the information was, without specifying which, 9
`false or misleading'. 10
(4) In this section-- 11
"official" means 1 of the following persons while performing a function 12
under this Act-- 13
(a) the chief executive; 14
(b) the person in charge; 15
(c) a corrective services officer; 16
(d) a corrections board; 17
(e) an inspector; 18
(f) an official visitor. 19
near prisoners 20
Persons
103.(1) This section applies if a corrective services officer, or someone 21
else with control of a prisoner, (the "official") reasonably believes a person 22
near the prisoner is acting in a way that poses a risk to-- 23
(a) the security of the prisoner; or 24
(b) the security or good order of the place in which the prisoner is 25
detained. 26
(2) The official may require the person to leave the vicinity of the 27
prisoner or place of detention. 28
(3) The person must comply with the requirement, unless the person has 29
a reasonable excuse. 30
s 104 70 s 105
Corrective Services
Maximum penalty--40 penalty units or 1 year's imprisonment. 1
(4) In this section-- 2
"prisoner" includes a prisoner of a court. 3
detention for security offences 4
Temporary
104.(1) This section applies if a corrective services officer-- 5
(a) finds a person committing a security offence; or 6
(b) finds a person in circumstances that lead, or has information that 7
leads, the officer to reasonably suspect the person has just 8
committed a security offence. 9
(2) The officer may, using reasonable and necessary force-- 10
(a) conduct a general or scanning search of the person; and 11
(b) search anything in the person's possession, including a motor 12
vehicle. 13
(3) The officer may detain the person until the person may be handed 14
over to a police officer. 15
(4) However, the person must not be detained under subsection (3) for 16
longer than 4 hours. 17
(5) In this section-- 18
"person" does not include a prisoner or a prisoner of a court. 19
"security offence" means an offence against this division, or another 20
offence, that poses a risk to-- 21
(a) the security or good order of a corrective services facility; or 22
(b) the security of a prisoner or a prisoner of a court. 23
to require name and address 24
Power
105.(1) This section applies if a corrective services officer-- 25
(a) finds a person committing an offence against this Act; or 26
(b) finds a person in circumstances that lead, or has information that 27
leads, the officer to reasonably suspect the person has just 28
s 106 71 s 106
Corrective Services
committed an offence against this Act. 1
(2) The officer may require the person to state the person's name and 2
address. 3
(3) When making the requirement, the officer must warn the person it is 4
an offence for the person not to state the person's name or address, unless 5
the person has a reasonable excuse. 6
(4) The officer may require the person to give evidence of the correctness 7
of the stated name or address if the officer reasonably suspects the stated 8
name or address is false. 9
(5) A person must comply with a requirement under subsection (2) 10
or (4), unless the person has a reasonable excuse. 11
Maximum penalty--40 penalty units or 6 months imprisonment. 12
(6) A person does not commit an offence against subsection (5) if-- 13
(a) the person was required to state the person's name and address by 14
a corrective services officer who suspected the person had 15
committed an offence against this Act; and 16
(b) the person is not proved to have committed the offence. 17
ART 4--SEIZING PROPERTY 18
P
property 19
Seizing
106. (1) The person in charge may seize something in a prisoner's 20
privileged mail if it-- 21
(a) may physically harm the person to whom it is addressed; or 22
(b) is a prohibited thing. 23
(2) A corrective services officer may seize other mail of a prisoner, or 24
anything in the mail, to stop-- 25
(a) anything that poses a risk to the security or good order of the 26
facility entering or leaving the corrective services facility; or 27
(b) anything that appears to be intended for the commission of an 28
s 107 72 s 107
Corrective Services
offence, or a breach of a court order, entering or leaving the 1
facility; or 2
(c) threatening or otherwise inappropriate correspondence leaving the 3
facility; or 4
(d) a prohibited thing entering or leaving the facility; or 5
(e) the prisoner purchasing goods without the consent of the person 6
in charge. 7
8
Example of inappropriate correspondence for paragraph (c)--
9
Correspondence by a prisoner who has been convicted of a sexual offence
10
against a child to a child with whom the prisoner had no relationship
11
before being imprisoned.
(3) A corrective services officer may seize-- 12
(a) anything found in a corrective services facility, whether or not in a 13
person's possession, that the officer reasonably suspects 14
jeopardises or is likely to jeopardise-- 15
(i) the security or good order of the facility; or 16
(ii) the safety of persons in the facility; or 17
(b) a prohibited thing found on a prisoner or in a prisoner's 18
possession, unless the prisoner has the person in charge's written 19
consent to possess the thing. 20
(4) A corrective services officer must not seize a document to which legal 21
professional privilege attaches. 22
(5) A corrective services officer must give a thing seized under this 23
section to the person in charge as soon as practicable after seizing it. 24
for seized property 25
Receipt
107.(1) As soon as is reasonably practicable after anything is seized from 26
a person under section 106, a corrective services officer must give the 27
person a receipt for the thing. 28
(2) The receipt must-- 29
(a) generally describe the thing seized; and 30
(b) include any other information required under a regulation. 31
s 108 73 s 108
Corrective Services
seized things 1
Forfeiting
108.(1) A thing seized under section 106 is forfeited to the State if the 2
person in charge decides to forfeit the thing because the person in charge-- 3
(a) can not find its owner after making reasonable inquiries, given the 4
thing's apparent value; or 5
(b) is unable, after making reasonable efforts, to return it to its owner; 6
or 7
(c) reasonably believes-- 8
(i) possession of the thing by a prisoner is an offence or breach 9
of discipline; or 10
(ii) it is necessary to keep the thing to stop it being used to 11
commit an offence; or 12
(iii) the thing is inherently unsafe. 13
(2) If the person in charge decides to forfeit a thing because of 14
subsection (1)(c), the person in charge must inform the owner of the thing 15
of the decision by written notice. 16
(3) Subsection (2) does not apply if the person in charge can not find the 17
owner of the thing after making reasonable inquiries, given the thing's 18
apparent value. 19
(4) The notice must state-- 20
(a) the reasons for the decision; and 21
(b) that the owner may apply to the chief executive, within 28 days 22
after the notice is given, for the decision to be reviewed; and 23
(c) how the owner may apply for the review. 24
(5) On the forfeiture of a thing-- 25
(a) it becomes the State's property; and 26
(b) it may be dealt with as the chief executive considers appropriate, 27
including for example, by-- 28
(i) keeping the thing and applying it for the benefit of prisoners 29
generally; or 30
(ii) donating the thing to a registered charity; or 31
s 109 74 s 110
Corrective Services
(iii) if the thing is inherently unsafe--destroying it. 1
(6) However, the chief executive must not deal with the thing, unless it is 2
perishable, before the later of the following happens-- 3
(a) 28 days elapses after the notice was given; 4
(b) if, within the 28 days, an application has been made under the 5
Justices Act 1886, section 396 in relation to the property--the 6
application, and any appeal against the application, has been 7
decided. 8
of decision to forfeit 9
Review
109.(1) A person may apply to the chief executive for a review of the 10
person in charge's decision to forfeit a thing seized to the State only within 11
28 days after notice of the decision was given to the person. 12
(2) An application must be written and state in detail the grounds on 13
which the person wants the decision to be reviewed. 14
(3) After considering the grounds, the chief executive must-- 15
(a) confirm the decision; or 16
(b) cancel the decision and substitute another decision. 17
seized things 18
Returning
110.(1) If a thing seized under this part has not been forfeited, the person 19
in charge must return it to its owner at the end of-- 20
(a) 6 months after it is seized; or 21
(b) if a proceeding for an offence involving it is started within the 22
6 months--the proceeding and any appeal from the proceeding. 23
(2) However, if the thing was being retained as evidence of an offence 24
and the person in charge becomes satisfied its retention as evidence is no 25
longer necessary, the person in charge must return it immediately. 26
6 Justices Act 1886, section 39 (Power of court to order delivery of certain
property)
s 111 75 s 112
Corrective Services
of court in relation to seized things 1
Power
111.(1) To remove doubt, it is declared that the Justices Act 1886, 2
section 397 applies, in addition to this part, to a seized thing. 3
(2) When applying the Justices Act 1886, section 39, the thing is taken 4
not to have become the property of the State. 5
PART 5--USE OF FORCE 6
1--Use of reasonable force 7
Division
to use reasonable force 8
Authority
112.(1) A corrective services officer may use the force, other than lethal 9
force, that is reasonably necessary to-- 10
(a) compel a prisoner to obey an order; or 11
(b) restrain a prisoner who is attempting or preparing to commit an 12
offence against this or another Act or a breach of discipline; or 13
(c) restrain a prisoner who is committing an offence against this or 14
another Act or a breach of discipline; or 15
(d) compel any person who has been lawfully ordered to leave a 16
corrective services facility and who refuses to do so, to leave the 17
facility. 18
(2) The officer may use the force only if the officer-- 19
(a) reasonably believes the act or omission permitting the use of force 20
can not be stopped in another way; and 21
(b) gives a clear warning of the intention to use force if the act or 22
omission does not stop; and 23
(c) gives sufficient time for the warning to be observed; and 24
7 Justices Act 1886, section 39 (Power of court to order delivery of certain
property)
s 113 76 s 114
Corrective Services
(d) attempts to use the force in a way that is unlikely to cause death or 1
grievous bodily harm. 2
(3) However, the officer need not comply with subsection (2)(b) or (c) if 3
it would create a risk of injury to-- 4
(a) the officer using the force; or 5
(b) someone other than the person who is committing the act or 6
omission. 7
(4) The use of force may involve the use of-- 8
(a) only the following weapons-- 9
(i) gas guns; 10
(ii) chemical agents; 11
(iii) riot control equipment; 12
(iv) restraining devices; or 13
(b) a corrective services dog under the control of a corrective services 14
dog handler. 15
Division 2--Use of lethal force 16
for use of lethal force 17
Training
113. The chief executive must ensure that a corrective services officer 18
authorised to use lethal force has been trained to use lethal force in a way 19
that causes the least possible risk of injury to anyone other than the person 20
against whom lethal force is being used. 21
handling and storage of weapons 22
Issue,
114.(1) The chief executive may authorise an appropriately trained 23
corrective services officer to be issued with, carry, use and store weapons if 24
it is reasonably necessary for the officer to do so to perform functions under 25
this Act. 26
(2) The authority may be issued subject to conditions. 27
s 115 77 s 116
Corrective Services
of lethal force 1
Use
115.(1) A corrective services officer may use the lethal force that is 2
reasonably necessary-- 3
(a) to stop a prisoner from escaping or attempting to escape from 4
secure custody, if the officer reasonably suspects the prisoner is 5
likely to cause grievous bodily harm to, or the death of, someone 6
other than the prisoner in the escape or attempted escape; or 7
(b) to stop a person from helping, or attempting to help, a prisoner to 8
escape from secure custody, if the officer reasonably suspects the 9
person is likely to cause grievous bodily harm to, or the death of, 10
someone other than the person or prisoner while helping or 11
attempting to help the prisoner escape; or 12
(c) to stop a prisoner from assaulting or attempting to assault another 13
person, if the officer reasonably suspects the prisoner is likely to 14
cause grievous bodily harm to, or the death of, the other person; 15
or 16
(d) in an immediate response to a prisoner who has escaped from 17
secure custody, if the officer reasonably believes the prisoner is 18
likely to cause grievous bodily harm to, or the death of, someone 19
other than the prisoner in the course of the immediate response. 20
(2) However, lethal force must not be used if there is a foreseeable risk 21
that the lethal force will cause grievous bodily harm to, or the death of, 22
someone other than the person at whom the lethal force may otherwise be 23
directed. 24
(3) The use of lethal force may involve the use of-- 25
(a) weapons, including firearms; or 26
(b) a corrective services dog under the control of a corrective services 27
dog handler. 28
for use of lethal force 29
Requirements
116.(1) A corrective services officer may use lethal force only if the 30
officer-- 31
s 117 78 s 118
Corrective Services
(a) reasonably believes the act or omission permitting the use of 1
lethal force can not be stopped in another way; and 2
(b) gives a clear warning of the intention to use lethal force if the act 3
or omission does not stop; and 4
(c) gives sufficient time for the warning to be observed; and 5
(d) attempts to use the force in a way that causes the least injury to 6
anyone. 7
(2) However, the officer need not comply with subsection (1)(b), (c) or 8
(d) if it would create a risk of injury to-- 9
(a) the officer using the force; or 10
(b) someone other than the person at whom the lethal force is 11
directed. 12
use of lethal force 13
Reporting
117.(1) The chief executive must keep a record that details any incident in 14
which-- 15
(a) a corrective services officer uses lethal force; or 16
(b) anyone discharges a firearm, other than for training. 17
(2) The chief executive must immediately advise the Minister of an 18
incident mentioned in subsection (1). 19
HAPTER 4--CORRECTIVE SERVICES 20
C
FACILITIES 21
PART 1--ESTABLISHING FACILITIES 22
prisons 23
Establishing
118.(1) The Governor in Council may, by regulation-- 24
s 119 79 s 120
Corrective Services
(a) declare a place to be a prison; or 1
(b) assign a name to a prison. 2
(2) In this section-- 3
"place" includes premises and part of premises. 4
amenities 5
Prison
119. When establishing a new prison, the chief executive must ensure 6
that appropriate provision is made in the prison for-- 7
(a) a meeting place for Aboriginal and Torres Strait Islander 8
prisoners that-- 9
(i) promotes communication; and 10
(ii) endorses their indigenous cultural heritage; and 11
(b) for a prison that accommodates female 12
prisoners--accommodation units that allow the prisoners to care 13
for young children; and 14
(c) areas suitable for children visiting their parents; and 15
(d) crisis support facilities for prisoners who are experiencing 16
emotional or psychological crises; and 17
(e) the accommodation and access requirements of older prisoners 18
and prisoners with disabilities. 19
community corrective services facilities 20
Establishing
120.(1) The Minister may, by gazette notice-- 21
(a) declare a place to be-- 22
(i) a community corrections centre; or 23
(ii) a WORC site for a WORC program; or 24
(iii) a WCC site for a WCC program; or 25
(b) assign a name to-- 26
(i) a community corrections centre; or 27
s 121 80 s 122
Corrective Services
(ii) a WORC site; or 1
(iii) a WCC site. 2
(2) In this section-- 3
"place" includes-- 4
(a) premises; and 5
(b) part of premises; and 6
(c) a vehicle. 7
PART 2--VISITING FACILITIES 8
to visitors 9
Warning
121. The chief executive must ensure a sign is prominently displayed at 10
the entrance to a secure facility advising visitors that lethal force may be 11
used against them if they help, or attempt to help, a prisoner to escape. 12
to visits 13
Entitlement
122.(1) A prisoner at a corrective services facility is only entitled to 14
receive a visit from-- 15
(a) a personal visitor once a week; and 16
(b) a legal visitor. 17
(2) The person in charge may allow the prisoner to receive extra visits, 18
including for example-- 19
(a) for a prisoner who is the primary caregiver of a child--a visit 20
from the child to maintain the relationship with the child; or 21
(b) for an Aboriginal or Torres Strait Islander prisoner--a visit from 22
a relevant elder, respected person or indigenous spiritual healer to 23
ensure appropriate levels of cultural interaction and support. 24
(3) The person in charge may allow a prisoner to visit another prisoner in 25
another corrective services facility, subject to any conditions the person in 26
s 123 81 s 124
Corrective Services
charge considers appropriate. 1
(4) The person in charge may allow more than 1 personal visitor to visit a 2
prisoner at the same time, if it is within the corrective services facility's 3
operational limits. 4
by children 5
Visits
123.(1) An unaccompanied child may visit a prisoner if the person in 6
charge considers it is in the child's best interests, even if-- 7
(a) the child was the complainant in the offence leading to the 8
prisoner's imprisonment; or 9
(b) the child is not related to the prisoner. 10
(2) In this section-- 11
"child" means a person under the age, or apparent age, of 17 years. 12
during personal visits 13
Contact
124.(1) A personal visit must be a non-contact visit, unless the person in 14
charge otherwise approves that the visit be a contact visit. 15
(2) In deciding whether to give the approval, the person in charge must 16
consider any of the following-- 17
(a) the requirements of any court order relating to the prisoner; 18
(b) whether the prisoner has previously escaped or attempted to 19
escape from custody; 20
(c) whether the prisoner has previously given a positive test sample; 21
(d) any information about the prisoner or visitor that indicates a risk 22
to the security or good order of the corrective services facility. 23
(3) During a contact visit, a personal visitor must not-- 24
(a) engage in sexual activity with a prisoner; or 25
(b) behave in a disorderly, indecent, offensive, riotous or violent 26
manner. 27
(4) If the personal visitor contravenes subsection (3), a corrective services 28
officer may direct the visitor to leave the facility. 29
s 125 82 s 126
Corrective Services
before visit 1
Requirements
125.(1) Before visiting a corrective services facility for the first time, a 2
personal visitor must apply, in the approved form, to the person in charge 3
for approval to access the facility. 4
(2) The person in charge may grant the personal visitor access to the 5
facility if satisfied the personal visitor does not pose a risk to the security or 6
good order of the facility.8 7
(3) The person in charge may impose conditions on the grant of access. 8
(4) A person who is refused access to a corrective services facility under 9
this section may apply to the chief executive to review the decision. 10
(5) A personal visitor must arrange the time of the visit with the person 11
in charge. 12
during visits 13
Requirements
126.(1) This section applies to a visitor to a corrective services facility. 14
(2) A corrective services officer must require the visitor to prove his or 15
her identity, in accordance with criteria prescribed under a regulation, when 16
entering the facility. 17
(3) The visitor must display the visitor's pass given to the visitor while in 18
the facility. 19
(4) The visitor, other than the following visitors, must sign the visitors' 20
book-- 21
(a) a corrective services officer who works at the facility; 22
(b) an employee of the department, or of an engaged service provider, 23
who works at the facility; 24
(c) a child accompanying the visitor. 25
(5) A corrective services officer may require the visitor to submit to-- 26
(a) a scanning search; and 27
(b) if the visit is to be a contact visit--a general search. 28
8 Also see section 244 (Commissioner to provide criminal history)
s 127 83 s 128
Corrective Services
(6) If the visitor does not submit to a general search when required to do 1
so, the person in charge may revoke the approval for the visit to be a contact 2
visit. 3
(7) The length of a personal visit is to be decided by the person in charge. 4
(8) A corrective services officer may give the visitor a direction that the 5
officer considers reasonably necessary for the security or good order of the 6
corrective services facility or a person's safety. 7
(9) The visitor must comply with the direction, unless the visitor has a 8
reasonable excuse. 9
Maximum penalty--40 penalty units. 10
(10) If the visitor fails to comply with a requirement of this section-- 11
(a) the officer may direct the visitor to leave the facility; and 12
(b) if the visitor fails to leave the facility--a corrective services officer 13
may, using reasonable and necessary force, remove the visitor 14
from the facility. 15
(11) Subsection (10) applies whether or not the person is charged with an 16
offence against subsection (9). 17
of identity 18
Proof
127.(1) The chief executive may keep a fingerprint, palm print, footprint, 19
toe print, eye print or voiceprint that a visitor to a corrective services facility 20
offers as proof of the visitor's identity. 21
(2) The chief executive must not give anyone a copy of the fingerprint, 22
palm print, footprint, toe print, eye print or voiceprint, unless required to do 23
so by a court order. 24
visits 25
Suspending
128.(1) The person in charge may suspend a visitor from entering the 26
facility for a period of up to 3 months if the visitor-- 27
(a) fails to comply with a corrective services officer's lawful and 28
reasonable direction; or 29
(b) breaches a condition imposed on the grant of access by the person 30
s 129 84 s 130
Corrective Services
in charge; or 1
(c) is charged with an offence allegedly committed in a corrective 2
services facility. 3
(2) A visitor who is suspended from entering a corrective services facility 4
may apply to the chief executive to review the decision. 5
visits 6
Monitoring
129. A corrective services officer may make audiovisual recordings of, 7
and monitor, a personal visit. 8
visitors 9
Accredited
130.(1) An accredited visitor may visit a prisoner or any part of a 10
corrective services facility for carrying out the functions of the visitor's 11
office or position. 12
(2) In this section-- 13
"accredited visitor" means-- 14
(a) the Minister or a member of the Minister's staff; or 15
(b) another Minister; or 16
(c) a judge or magistrate; or 17
(d) a member of a State or federal tribunal; or 18
(e) the Parliamentary Commissioner for Administrative 19
Investigations; or 20
(f) a member of a corrections board; or 21
(g) a member of the advisory council; or 22
(h) a corrective services officer, an employee of the department, or an 23
employee of an engaged service provider; or 24
(i) a public service employee; or 25
(j) a person appointed under this Act; or 26
(k) a person authorised by the chief executive to provide services; or 27
(l) an employee of a law enforcement agency. 28
s 131 85 s 134
Corrective Services
enforcement visits 1
Law
131.(1) This section applies if an employee of a law enforcement agency 2
wants to visit a prisoner. 3
(2) The prisoner may-- 4
(a) refuse to see the employee; or 5
(b) agree to see the employee, but refuse to answer any of the 6
employee's questions. 7
(3) The employee must be allowed to interview the prisoner out of the 8
hearing, but not out of the sight, of a corrective services officer. 9
visitors 10
Legal
132. A prisoner's legal visitor must be allowed to interview the prisoner 11
out of the hearing, but not out of the sight, of a corrective services officer. 12
CHAPTER 5--POST-PRISON COMMUNITY 13
BASED RELEASE 14
ART 1--ORDERS 15
P
may apply for exceptional circumstances parole order 16
Who
133. A prisoner may apply, in the approved form, for an exceptional 17
circumstances parole order. 18
may apply for other post-prison community based release orders 19
Who
134.(1) A prisoner may apply, in the approved form, for a post-prison 20
community based release order, other than an exceptional circumstances 21
parole order, if-- 22
(a) the prisoner was sentenced to a period of imprisonment (the 23
"relevant period")-- 24
s 135 86 s 135
Corrective Services
(i) of any length, for an offence committed before the 1
commencement of this section; or 2
(ii) of more than 2 years, for an offence committed after the 3
commencement of this section; and 4
(b) the prisoner-- 5
(i) is not being detained on remand for an offence; and 6
(ii) was not imprisoned for an indefinite period for contempt; 7
and 8
(iii) is not subject to an indefinite sentence under the Penalties 9
and Sentences Act 1992, part 10;9 and 10
(iv) if the application is for a release to work or home detention 11
order--is not being detained under a warrant issued under 12
the Migration Act 1958 (Cwlth). 13
(2) However, the prisoner must not apply for the order until-- 14
(a) if a previous application made in relation to the relevant period has 15
been refused--the end of the period decided by the corrections 16
board that refused the application, except with the board's 17
consent; or 18
(b) if an appeal has been made to a court against the conviction or 19
sentence to which the relevant period relates--the appeal is 20
decided. 21
order starts 22
When
135.(1) An exceptional circumstances parole order may start at any time. 23
(2) A post-prison community based release order, other than an 24
exceptional circumstances parole order, may start once the prisoner has-- 25
(a) for a prisoner serving a term of life imprisonment to whom the 26
Criminal Code, section 305(2)10 applies--served 20 years or the 27
longer time ordered under that section; or 28
9 Penalties and Sentences Act 1992, part 10 (Indefinite sentences)
10 Criminal Code, section 305 (Punishment of murder)
s 136 87 s 136
Corrective Services
(b) for a prisoner serving a term of life imprisonment to whom the 1
Criminal Code, section 305(2) does not apply--served 15 years; 2
or 3
(c) for a prisoner serving a period of imprisonment for a serious 4
violent offence--served 80% of the period, or 15 years, 5
whichever is the less; or 6
(d) for a prisoner being detained in an institution for a period fixed by 7
a judge under the Criminal Law Amendment Act 1945, 8
part 311--been detained for half of the fixed period; or 9
(e) otherwise--served half of the period of imprisonment to which 10
the prisoner was sentenced. 11
(3) Subsection (2) is subject to the Penalties and Sentences Act 1992, 12
section 157.12 13
corrections board to hear and decide application 14
Which
136.(1) The Queensland board may hear and decide an application for a 15
post-prison community based release order from a prisoner who-- 16
(a) is serving a period of imprisonment of 8 years or more; or 17
(b) is subject to an order made under the Criminal Law Amendment 18
Act 1945, section 19(1)13; or 19
(c) is accommodated at, or lawfully outside, a corrective services 20
facility in an area of the State for which a regional board is not 21
established. 22
(2) A regional board may hear and decide an application for a post-prison 23
community based release order from another prisoner who is 24
accommodated at, or lawfully outside, a corrective services facility in the 25
area of the State for which the regional board is established. 26
(3) A default period of imprisonment for the non-payment of a fine or 27
11 Criminal Law Amendment Act 1945, part 3 (Indeterminate detention of offenders
convicted of sexual offences)
12 Penalties and Sentences Act 1992, section 157 (Eligibility for parole)
13 Criminal Law Amendment Act 1945, section 19 (Sexual offender to report name
and address)
s 137 88 s 139
Corrective Services
restitution, that is ordered to be served cumulatively with another period of 1
imprisonment, is not to be taken into account for subsection (1)(a). 2
before corrections board 3
Appearing
137.(1) A prisoner or a prisoner's agent may appear before a regional 4
board to make representations in support of the prisoner's application for a 5
post-prison community based release order. 6
(2) A prisoner's agent may appear before the Queensland board to make 7
representations in support of the prisoner's application for a post-prison 8
community based release order. 9
(3) However, the Queensland board may require a regional board-- 10
(a) to hear the prisoner's representations; and 11
(b) to make a recommendation to the Queensland board on the 12
prisoner's suitability for release. 13
(4) The president of a regional board may require a corrective services 14
officer present at a board meeting to leave and remain out of the hearing of 15
the meeting for the time that the president directs. 16
(5) If a prisoner appearing before a regional board insults a member of 17
the board or disrupts the board's proceedings the prisoner may be removed 18
from the board's meeting. 19
(6) This section does not stop a corrections board deciding an application 20
if the prisoner or the prisoner's agent fails to appear before it. 21
(7) A prisoner's agent under subsection (1) or (2) must not be a lawyer. 22
application for release lapses 23
When
138. A prisoner's application for a post-prison community based release 24
order lapses if, before the application is decided, the prisoner is sentenced to 25
another term of imprisonment. 26
board not bound by sentencing court's recommendation 27
Corrections
139. When deciding whether to grant a post-prison community based 28
release order, a corrections board is not bound by the recommendation of 29
s 140 89 s 141
Corrective Services
the court that sentenced the prisoner if the board-- 1
(a) receives information about the prisoner that was not before the 2
court at the time of sentencing; and 3
(b) after considering the information, considers that the prisoner is 4
not suitable for release at the time recommended by the court. 5
of corrections board 6
Decision
140.(1) A corrections board required to consider a prisoner's application 7
for a post-prison community based release order must decide either-- 8
(a) to grant the application; or 9
(b) to refuse to grant the application. 10
(2) However, the board may defer making a decision until the board 11
obtains any additional information that it considers is necessary to make the 12
decision. 13
(3) The board may grant the prisoner's application even though another 14
post-prison community based release order for the same period of 15
imprisonment was previously cancelled. 16
(4) If the board refuses the application, the board must-- 17
(a) decide a period of time, of not more than 6 months after the 18
refusal, within which a further application for a post-prison 19
community based release order by the applicant must not be 20
considered; and 21
(b) give the applicant written reasons for the refusal. 22
(5) If the board fails to decide the application within 120 days after its 23
receipt, the board is taken to have decided to refuse to grant the application. 24
of post-prison community based release orders 25
Types
141.(1) A corrections board may release a prisoner-- 26
(a) to seek and obtain employment by a release to work order; or 27
(b) on home detention by a home detention order; or 28
(c) on parole-- 29
s 142 90 s 143
Corrective Services
(i) if the board is satisfied that exceptional circumstances exist 1
in relation to the prisoner--by an exceptional circumstances 2
parole order; or 3
(ii) otherwise--by a parole order. 4
(2) The board must give a copy of the order to the prisoner. 5
(3) A prisoner who is on release to work or home detention must-- 6
(a) keep the copy of the order in the prisoner's possession while on 7
release; and 8
(b) produce the copy of the order for inspection by a police officer or 9
a corrective services officer if the officer asks the prisoner to do 10
so. 11
for release to work orders 12
Conditions
142.(1) A release to work order may include-- 13
(a) a condition that the corrections board considers reasonably 14
necessary to-- 15
(i) ensure the prisoner's good conduct; or 16
(ii) stop the prisoner committing an offence; or 17
(iii) help the prisoner's reintegration into the community; or 18
(b) a condition that the prisoner perform community service. 19
(2) The prisoner must comply with the conditions included in the order. 20
for home detention orders 21
Conditions
143.(1) A home detention order may include-- 22
(a) a condition that the corrections board considers reasonably 23
necessary to-- 24
(i) ensure the prisoner's good conduct; or 25
(ii) stop the prisoner committing an offence; and 26
(b) a condition that the prisoner carry out a corrective services 27
officer's lawful instructions. 28
s 144 91 s 145
Corrective Services
(2) However, a home detention order must not contain a condition that 1
the prisoner perform community service. 2
(3) The prisoner must comply with the conditions included in the order. 3
for parole orders 4
Conditions
144.(1) A parole order must include conditions requiring that the 5
prisoner-- 6
(a) be under the supervision of a corrective services officer-- 7
(i) for the period decided by the corrections board, not 8
extending past the end of the prisoner's period of 9
imprisonment; or 10
(ii) if the prisoner is being detained in an institution for a period 11
fixed by a judge under the Criminal Law Amendment Act 12
1945, part 3--for the period that the prisoner was directed to 13
be detained; and 14
(b) carry out the corrective services officer's lawful instructions; and 15
(c) report, and receive visits, as directed by the corrective services 16
officer; and 17
(d) notify the corrective services officer within 48 hours of any 18
change of address, or employment, during the parole period; and 19
(e) not commit an offence. 20
(2) Also, a parole order may contain conditions that the corrections board 21
considers reasonably necessary to-- 22
(a) ensure the prisoner's good conduct; or 23
(b) stop the prisoner committing an offence. 24
(3) However, a parole order must not contain a condition that the prisoner 25
perform community service. 26
(4) The prisoner must comply with the conditions included in the order. 27
of prisoner on release to work or home detention 28
Expenses
145.(1) This section applies to a prisoner who is the subject of a release 29
s 146 92 s 146
Corrective Services
to work or home detention order. 1
(2) The chief executive may authorise that the prisoner be given money 2
or something else that the chief executive considers necessary to meet the 3
prisoner's requirements while on release for home detention. 4
(3) The prisoner must return any unused money to the chief executive. 5
from home while on home detention 6
Travelling
146.(1) A prisoner released on home detention may leave the prisoner's 7
home only for one of the following purposes-- 8
(a) to comply with the conditions of-- 9
(i) the home detention order; or 10
(ii) an existing court order; 11
(b) to attend to the necessities of life, including for example-- 12
(i) to buy food; or 13
(ii) to collect a social security benefit; 14
(c) to seek, or engage in, employment approved by the chief 15
executive; 16
(d) to engage in an activity approved by a corrections board, or a 17
corrective services officer, including for example, to attend a 18
rehabilitative program; 19
(e) to prevent or minimise a serious risk of death or injury to the 20
prisoner or another person; 21
(f) to receive medical or health treatment; 22
(g) for another purpose approved by the chief executive. 23
(2) However, the prisoner must get a corrective services officer's 24
approval before leaving home. 25
(3) Except in an emergency, the approval must be in writing and state the 26
conditions of the approval. 27
s 147 93 s 149
Corrective Services
interstate while on home detention 1
Travelling
147.(1) The chief executive may, by written order, grant leave to a 2
prisoner on home detention to travel interstate for a period of not more than 3
7 days. 4
(2) The leave is subject to the conditions the chief executive decides. 5
interstate or overseas while on parole 6
Travelling
148.(1) This section applies to a prisoner who is released on parole. 7
(2) The chief executive may, by written order, grant leave to the prisoner 8
to travel interstate for a period of not more than 7 days. 9
(3) The corrections board that released the prisoner on parole may, by 10
written order, grant leave to the prisoner to travel interstate for a period of 11
more than 7 days. 12
(4) The Queensland board may, by written order, grant leave to the 13
prisoner to travel overseas for a stated period for compassionate purposes in 14
exceptional circumstances. 15
(5) A regional board can not grant leave for the prisoner to travel 16
overseas even if it released the prisoner on parole. 17
(6) Leave granted under this section is subject to the conditions the entity 18
granting the leave decides. 19
of order by chief executive 20
Suspension
149.(1) The chief executive may, by written order, suspend a post-prison 21
community based release order for up to 28 days if the chief executive 22
reasonably believes the prisoner-- 23
(a) has failed to comply with the order; or 24
(b) poses a serious and immediate risk of harm either to themselves 25
or someone else. 26
(2) If the chief executive suspends the order, the chief executive may 27
issue a warrant for the prisoner's arrest. 28
(3) The warrant may be issued to all corrective services officers and may 29
be executed by any of them. 30
s 150 94 s 150
Corrective Services
(4) When arrested, the prisoner must be taken to a prison to be kept there 1
for the suspension period. 2
(5) Immediately on suspending a post-prison community based release 3
order, the chief executive must give written notice of the grounds of 4
suspension to the secretary of the corrections board that made the order. 5
(6) The chief executive must give the board any further information about 6
the suspension that the board requires. 7
(7) The board may at any time-- 8
(a) cancel the chief executive's order; and 9
(b) if a warrant has been issued and not executed--require the chief 10
executive to withdraw the warrant. 11
suspension or cancellation of order by corrections board 12
Amendment,
150.(1) A corrections board may, by written order-- 13
(a) amend, suspend or cancel a post-prison community based release 14
order if the board reasonably believes the prisoner subject to the 15
order-- 16
(i) has contravened the order; or 17
(ii) poses a serious risk of harm either to themselves or 18
someone else; or 19
(b) amend or cancel a post-prison community based release order if 20
the board receives information that, had it been received before the 21
order was made, would have resulted in the board making a 22
different order or no order. 23
(2) If the order is suspended or cancelled-- 24
(a) the board may issue a warrant, signed by a member or the 25
secretary of the board, for the prisoner's arrest; or 26
(b) a magistrate, on the application of the board or a member of the 27
board, may issue a warrant for the prisoner's arrest. 28
(3) The warrant may be issued to all corrective services officers and may 29
be executed by any of them. 30
(4) When arrested, the prisoner must be taken to a prison-- 31
s 151 95 s 151
Corrective Services
(a) if the order was suspended--to be kept there for the suspension 1
period; or 2
(b) if the order was cancelled--to serve the unexpired portion of the 3
period of imprisonment to which the prisoner was sentenced. 4
(5) The board must give the prisoner an information notice-- 5
(a) if the order is amended--immediately after amending it; or 6
(b) if the order is suspended or cancelled--on the prisoner's return to 7
prison. 8
(6) The board must, as soon as practicable, consider all written 9
submissions given to the board by the prisoner within the 21 days 10
mentioned in the information notice and inform the prisoner, by written 11
notice, whether the board has changed its decision, and if so, how. 12
(7) If the board changes its decision, the changed decision has effect. 13
(8) In this section-- 14
"corrections board" means-- 15
(a) for a post-prison community based release order made by the 16
Queensland board--the Queensland board; or 17
(b) for a post-prison community based release order made by a 18
regional board--the regional board that made the order or another 19
regional board. 20
"information notice" means a notice-- 21
(a) stating that the board has decided to amend, suspend or cancel the 22
order; and 23
(b) outlining the reason for the decision; and 24
(c) inviting the prisoner to show cause, by written submissions given 25
to the board within 21 days after the notice is given, why the 26
board should change its decision. 27
"suspend" means suspend for a fixed or indeterminate period. 28
of parole order by further imprisonment 29
Cancellation
151.(1) A prisoner's parole order is automatically cancelled if the 30
s 151 96 s 151
Corrective Services
prisoner is sentenced to another term of imprisonment for an offence 1
committed, in Queensland or elsewhere, during the parole period. 2
(2) The prisoner's parole order is cancelled even if the parole period has 3
expired. 4
(3) However, the prisoner's parole order is not cancelled if-- 5
(a) the prisoner is required to serve another term of imprisonment in 6
default of-- 7
(i) paying a fine or another amount required to be paid under a 8
court order; or 9
(ii) making restitution required to be made under a court order; 10
or 11
(b) the prisoner is sentenced to another term of imprisonment, but the 12
period of imprisonment-- 13
(i) is required to be served under an intensive correction order; 14
or 15
(ii) is wholly suspended under the Penalties and Sentences 16
Act 1992, part 8.14 17
(4) If the prisoner's parole order is cancelled-- 18
(a) a corrections board may issue a warrant, signed by a member or 19
the secretary of the board, for the prisoner's arrest; or 20
(b) a magistrate, on the application of a corrections board or a 21
member of the board, may issue a warrant for the prisoner's 22
arrest. 23
(5) The warrant may be issued to all corrective services officers and may 24
be executed by any of them. 25
(6) When arrested, the prisoner must be taken to a prison to serve the 26
unexpired portion of the period of imprisonment to which the prisoner was 27
sentenced. 28
(7) In this section-- 29
"corrections board" means-- 30
14 Penalties and Sentences Act 1992, part 8 (Orders of suspended imprisonment)
s 152 97 s 152
Corrective Services
(a) if the prisoner was released on parole by the Queensland 1
board--the Queensland board; or 2
(b) if the prisoner was released on parole by a regional board--the 3
regional board that released the prisoner on parole or another 4
regional board. 5
of cancellation of parole order 6
Effect
152.(1) This section applies if a prisoner's parole order is cancelled-- 7
(a) under section 150(1)(a)(i) because the prisoner contravened a 8
condition of the parole order; or 9
(b) under section 150(1)(a)(ii) because the prisoner posed a serious 10
risk of harm either to themselves or someone else; or 11
(c) under section 150(1)(b) because the board received information 12
that, had it been received before the order was made, would have 13
resulted in the board not making the order; or 14
(d) under section 151 because the prisoner was sentenced to another 15
term of imprisonment for an offence committed during the parole 16
period. 17
(2) The time for which the prisoner was released on parole before-- 18
(a) the prisoner contravened the condition; or 19
(b) the order was cancelled for the reason mentioned in 20
subsection (1)(b) or (c); or 21
(c) the prisoner committed the offence; 22
counts as time served for the prisoner's period of imprisonment. 23
(3) The Queensland board may, by written order, direct that the prisoner 24
serve only part of the unexpired portion of the period of imprisonment 25
imposed on the prisoner. 26
(4) A regional board can not make an order mentioned in subsection (3), 27
even if it released the prisoner on parole. 28
s 153 98 s 155
Corrective Services
on release taken to be still serving sentence 1
Prisoner
153. A prisoner on post-prison community based release is taken to be 2
still serving the sentence imposed on the prisoner. 3
after parole 4
Discharge
154. A prisoner is taken to have served the prisoner's period of 5
imprisonment if the prisoner's parole period has expired without the 6
prisoner's parole order or parole being cancelled-- 7
(a) by a corrections board; or 8
(b) under section 151. 9
regional board's decision to refuse application 10
Reviewing
155.(1) This section applies if-- 11
(a) a prisoner has applied, on 3 or more occasions, for a post-prison 12
community based release order of the same type in relation to the 13
same period of imprisonment; and 14
(b) a regional board has refused all the prisoner's applications. 15
(2) The prisoner may apply, in the approved form, to have the last refusal 16
reviewed by the Queensland board. 17
(3) The application must be received by the secretary of the regional 18
board that refused the application within 7 days after the applicant receives 19
written notice of the refusal. 20
(4) The secretary must send the following to the secretary of the 21
Queensland board-- 22
(a) the application for review; 23
(b) the application for a post-prison community based release order; 24
(c) notes of any representations made to the regional board by or for 25
the applicant in relation to the application for a post-prison 26
community based release order; 27
(d) the reasons why the regional board refused the application for a 28
post-prison community based release order; 29
s 156 99 s 158
Corrective Services
(e) any other material the regional board considers appropriate. 1
(5) After considering the material mentioned in subsection (4), the 2
Queensland board may-- 3
(a) confirm the decision of the regional board to refuse the application 4
for a post-prison community based release order; or 5
(b) set aside the decision and make any decision that the regional 6
board could have made. 7
ART 2--CORRECTIONS BOARDS 8
P
1--Queensland Community Corrections Board 9
Division
of Queensland board 10
Establishment
156. The Queensland Community Corrections Board established under 11
the Corrective Services Act 1988 is continued in existence. 12
unctions of Queensland board 13
F
157. The functions of the Queensland board are-- 14
(a) to decide applications for post-prison community based release 15
orders; and 16
(b) to perform other functions given to it under this or another Act. 17
of Queensland board 18
Membership
158.(1) The Queensland board must consist of the following members-- 19
(a) a president and deputy president, appointed by the Governor in 20
Council, each of whom is-- 21
(i) a retired judge of a State court, the High Court or a court 22
constituted under a Commonwealth Act; or 23
(ii) a lawyer who has been in practice for at least 5 years; and 24
s 159 100 s 160
Corrective Services
(b) 5 other members, appointed by the Governor in Council, of 1
whom-- 2
(i) at least 1 is an Aboriginal or Torres Strait Islander person; 3
and 4
(ii) at least 1 is a doctor or psychologist; and 5
(iii) at least 2 are women; and 6
(c) the chief executive. 7
(2) The chief executive may appoint a public service officer employed in 8
the department to represent the chief executive as a member if the chief 9
executive is unable to act for any reason. 10
(3) The Governor in Council may end an appointed member's 11
appointment at any time. 12
(4) It is unnecessary for any reasons to be given for ending the 13
appointment. 14
from membership of Queensland board 15
Disqualification
159. The following persons are not qualified to be, or to continue as, an 16
appointed member of the Queensland board-- 17
(a) a doctor appointed for a prison, a volunteer or an official visitor; 18
(b) a public service officer; 19
(c) an engaged service provider or the provider's employees; 20
(d) a full-time member, officer or employee of a State entity, 21
including for example an entity, established under an Act, that-- 22
(i) is generally subject to a Minister's control or direction; or 23
(ii) consists of persons who are, or has a governing body of 24
persons a majority of whom are, appointed or employed by 25
the Governor in Council, a Minister or another State entity. 26
of member's appointment 27
Term
160.(1) An appointed member of the Queensland board may be 28
appointed for a term of up to 3 years. 29
s 161 101 s 164
Corrective Services
(2) If a successor has not been appointed by the end of the member's 1
term, the member continues to hold office until a successor is appointed. 2
(3) An appointed member may be reappointed. 3
of members 4
Remuneration
161. An appointed member of the Queensland board is entitled to be paid 5
the fees, allowances and expenses decided by the Governor in Council. 6
of member's office 7
Vacation
162. The office of an appointed member of the Queensland board 8
becomes vacant if-- 9
(a) the member resigns office by signed notice given to the Minister; 10
or 11
(b) the member is not qualified to continue as a member; or 12
(c) the Governor in Council ends the member's appointment. 13
of Queensland board 14
Secretary
163. The chief executive must appoint a public service officer to be 15
secretary of the Queensland board. 16
of Queensland board 17
Meetings
164.(1) The Queensland board must meet as often as is necessary to 18
discharge its functions. 19
(2) A meeting may be called by-- 20
(a) the president; or 21
(b) in the absence of the president--the deputy president. 22
(3) In the absence of the president and deputy president, the secretary 23
may call a meeting to consider whether a post-prison community based 24
release order should be amended, suspended or cancelled. 25
(4) The board may hold meetings, or allow members to take part in 26
s 165 102 s 167
Corrective Services
meetings, using technology that allows reasonably contemporaneous and 1
continuous communication between the members. 2
(5) A member who takes part in a meeting under subsection (4) is taken 3
to be present at the meeting. 4
(6) The quorum for a meeting is 4 members. 5
(7) The president or, in the president's absence, the deputy president, is 6
the chairperson of a meeting. 7
(8) The chairperson must identify and decide all questions of law that 8
need to be decided at a meeting. 9
(9) All other questions must be decided by a majority of votes of the 10
members present. 11
(10) If there is an equality of votes, the chairperson has a casting vote. 12
(11) The board may otherwise conduct its meetings in the way it 13
considers appropriate. 14
of corrective services officers or employees at Queensland 15
Attendance
board meetings 16
165. If asked to do so by the secretary, a corrective services officer, or an 17
employee of the department or an engaged service provider, must-- 18
(a) attend a meeting of the Queensland board; and 19
(b) give the information the board asks for to help it decide a matter 20
relating to a post-prison community based release order. 21
of board member at regional board meetings 22
Attendance
166.(1) A member of the Queensland board nominated by the board may 23
attend, and participate in the consideration of any business before, a meeting 24
of a regional board. 25
(2) However, the member can not vote. 26
27
Guidelines
167.(1) The Minister may make guidelines about the policy to be 28
s 168 103 s 169
Corrective Services
followed by the Queensland board when performing its functions. 1
(2) The Queensland board may, in consultation with the chief executive, 2
make guidelines about-- 3
(a) the policy to be followed by a regional board when-- 4
(i) performing its functions; or 5
(ii) conducting its business, including for example, the 6
procedure at its meetings; and 7
(b) the matters to be dealt with, and the information to be contained, 8
in reports given under section 180. 9
report of Queensland board 10
Annual
168.(1) The Queensland board must give the Minister a report, for each 11
financial year, about-- 12
(a) the operation of this Act in relation to post-prison community 13
based release orders; and 14
(b) the activities of the Queensland board and each regional board; 15
and 16
(c) the effectiveness of each regional board. 17
(2) The report must state the number of persons who in that year-- 18
(a) were released on each of release to work, home detention and 19
parole; and 20
(b) returned to prison after release to work, home detention or parole 21
was suspended or cancelled. 22
(3) The report must be given to the Minister on or before the next 30 23
September after the financial year it relates to. 24
reports 25
Special
169. If asked by the Minister, the Queensland board must give the 26
Minister a written report about the operation of this Act in relation to-- 27
(a) post-prison community based release orders; or 28
s 170 104 s 172
Corrective Services
(b) the performance of a function by the Queensland board or a 1
regional board. 2
Division 2--Regional community corrections boards 3
of regional boards 4
Establishment
170. The Governor in Council may, by regulation-- 5
(a) establish a regional community corrections board for the area of 6
the State specified in the regulation; and 7
(b) assign a name to the board. 8
of regional boards 9
Functions
171. The functions of a regional board are-- 10
(a) to decide applications for post-prison community based release 11
orders; and 12
(b) to perform other functions given to it under this or another Act. 13
of regional boards 14
Membership
172.(1) A regional board must consist of the following members 15
appointed by the Governor in Council-- 16
(a) a president and deputy president, each of whom is-- 17
(i) a retired judge of a State court, the High Court or a court 18
constituted under a Commonwealth Act; or 19
(ii) a retired magistrate; or 20
(iii) a lawyer who has been in practice for at least 5 years; 21
(b) a public service officer employed in the department, nominated by 22
the chief executive; 23
(c) 4 other members, of whom-- 24
(i) at least 1 is an Aboriginal or Torres Strait Islander person; 25
and 26
s 173 105 s 175
Corrective Services
(ii) at least 1 is a doctor or psychologist; and 1
(iii) at least 1 is a woman. 2
(2) The Governor in Council may end a member's appointment at any 3
time. 4
(3) It is unnecessary for any reasons to be given for ending the 5
appointment. 6
from membership of regional boards 7
Disqualification
173. The following persons are not qualified to be, or to continue as, a 8
member of a regional board-- 9
(a) a doctor appointed for a prison, a volunteer or an official visitor; 10
(b) a public service officer, other than-- 11
(i) a doctor; or 12
(ii) the member mentioned in section 172(1)(b); 13
(c) a person appointed or employed under the Police Service 14
Administration Act 1990, Criminal Justice Act 1989 or Director 15
of Public Prosecutions Act 1984; 16
(d) an engaged service provider or the provider's employees. 17
of member's appointment 18
Term
174.(1) A member of a regional board may be appointed for a term of up 19
to 3 years. 20
(2) If a successor has not been appointed by the end of the member's 21
term, the member continues to hold office until a successor is appointed. 22
(3) A member may be reappointed. 23
of members 24
Remuneration
175. A member of a regional board is entitled to be paid the fees, 25
allowances and expenses decided by the Governor in Council. 26
s 176 106 s 178
Corrective Services
of member's office 1
Vacation
176. The office of a member of a regional board becomes vacant if-- 2
(a) the member resigns office by signed notice given to the Minister; 3
or 4
(b) the member is not qualified to continue as a member; or 5
(c) the Governor in Council ends the member's appointment. 6
of regional boards 7
Secretaries
177. For each regional board, the chief executive must appoint a public 8
service officer to be secretary of the board. 9
of regional boards 10
Meetings
178.(1) A regional board must meet as often as is necessary to discharge 11
its functions. 12
(2) A meeting may be called by-- 13
(a) the president; or 14
(b) in the absence of the president--the deputy president. 15
(3) In the absence of the president and deputy president, the secretary 16
may call a meeting to consider whether a post-prison community based 17
release order should be amended, suspended or cancelled. 18
(4) A regional board must meet only in the area of the State for which it 19
is established. 20
(5) However, the board may hold meetings, or allow members to take 21
part in meetings, using technology that allows reasonably contemporaneous 22
and continuous communication between the members. 23
(6) A member who takes part in a meeting under subsection (5) is taken 24
to be present at the meeting. 25
(7) The quorum for a meeting is 4 members. 26
(8) The president or, in the president's absence, the deputy president, is 27
the chairperson of a meeting. 28
(9) The chairperson must identify and decide all questions of law that 29
s 179 107 s 181
Corrective Services
need to be decided at a meeting. 1
(10) All other questions must be decided by a majority of votes of the 2
members present. 3
(11) If there is an equality of votes, the chairperson has a casting vote. 4
(12) The board may otherwise conduct its meetings in the way it 5
considers appropriate. 6
of corrective services officers or employees at regional 7
Attendance
board meetings 8
179. If asked to do so by the secretary, a corrective services officer, or an 9
employee of the department or an engaged service provider, must-- 10
(a) attend a meeting of a regional board; and 11
(b) give the information the board asks for to help it decide a matter 12
relating to a post-prison community based release order. 13
reports of regional boards 14
Annual
180.(1) A regional board must give the Queensland board a report, for 15
each financial year, about the matters required under the Queensland board's 16
guidelines. 17
(2) The report must be given to the Queensland board within 14 days 18
after the end of the financial year. 19
(3) A regional board must give the Queensland board the information 20
that the Queensland board asks for to help it prepare a report under 21
section 169. 22
3--Powers of corrections boards 23
Division
powers of corrections boards 24
General
181. A corrections board has power to do all things necessary or 25
convenient to be done for, or in connection with, the performance of its 26
functions. 27
s 182 108 s 182
Corrective Services
of corrections board to require attendance 1
Powers
182.(1) A corrections board may, by written notice (an "attendance 2
notice"), require a person to attend a board meeting at a stated time and 3
place-- 4
(a) to give the board relevant information; or 5
(b) to produce a stated document containing relevant information. 6
(2) If a document is produced to the board at the meeting, the board 7
may-- 8
(a) inspect the document; or 9
(b) make copies of the document. 10
(3) A person served with an attendance notice must-- 11
(a) attend as required by the notice, unless the person has a 12
reasonable excuse; and 13
(b) give the board the relevant information that a board member 14
requires the person to give, unless the person has a reasonable 15
excuse; and 16
(c) produce a document containing relevant information that the 17
person is required to produce by the notice, unless the person has 18
a reasonable excuse. 19
Maximum penalty--10 penalty units. 20
(4) It is a reasonable excuse for a person to fail to give relevant 21
information or produce a document if giving the information or producing 22
the document might tend to incriminate the person. 23
(5) If a person is required by an attendance notice to attend a corrections 24
board meeting, the secretary of the board must pay the person's reasonable 25
expenses of attending the meeting as certified by the board member 26
presiding over the meeting. 27
(6) In this section-- 28
"relevant information" means information relating to-- 29
(a) a prisoner's application for a post-prison community based 30
release order; or 31
(b) a prisoner's post-prison community based release order. 32
s 183 109 s 187
Corrective Services
ART 3--GENERAL 1
P
proceedings 2
Legal
183. A legal proceeding based on an act, omission or decision of a board 3
must be commenced against the members of the board under the name of 4
the board. 5
services officers subject to direction of corrections board 6
Corrective
184. In relation to a post-prison community based release order applying 7
to a prisoner, a corrective services officer is subject to the directions of the 8
corrections board that made the order. 9
executive must prepare and give reports to board 10
Chief
185. If asked to do so by a corrections board, the chief executive must 11
give to the board a report on, or information relating to-- 12
(a) a prisoner's application for a post-prison community based 13
release order; or 14
(b) a prisoner; or 15
(c) a post-prison community based release order. 16
of acts 17
Invalidity
186. An act, proceeding or decision of a corrections board is not 18
invalidated or in any way prejudiced merely because of a vacancy in the 19
membership of the board at the time of the act, proceeding or decision. 20
of document 21
Authentication
187. A document made by a corrections board for this Act is sufficiently 22
authenticated if it is signed by the president of the board, or by the secretary 23
of the board at the president's direction. 24
s 188 110 s 189
Corrective Services
HAPTER 6--ADMINISTRATION 1
C
PART 1--THE CHIEF EXECUTIVE 2
and powers of chief executive 3
Functions
188.(1) Subject to any direction of the Minister, the chief executive is 4
responsible for-- 5
(a) the security and management of all corrective service facilities; 6
and 7
(b) the safe custody and welfare of all prisoners; and 8
(c) the supervision of offenders in the community. 9
(2) The chief executive has-- 10
(a) the power to do all things necessary or convenient to be done for, 11
or in connection with, the performance of the chief executive's 12
functions whether under this or another Act; and 13
(b) the powers of-- 14
(i) a person in charge of a corrective services facility; and 15
(ii) a corrective services officer. 16
and procedures 17
Policies
189.(1) The chief executive must make administrative policies and 18
procedures to facilitate the effective and efficient management of corrective 19
services. 20
(2) The policies and procedures must take into account the special needs 21
of offenders. 22
(3) The chief executive must allow anyone to inspect the policies and 23
procedures free of charge at the department's Brisbane office.15 24
(4) However, the chief executive need not allow a policy or procedure to 25
15 The policies and procedures may be inspected at the department's office at
50 Ann St, Brisbane.
s 190 111 s 192
Corrective Services
be inspected if it might pose a risk to the security or good order of a 1
corrective services facility. 2
and programs to help offenders 3
Services
190.(1) The chief executive must establish services or programs-- 4
(a) for the medical welfare of prisoners; and 5
(b) to help prisoners to be integrated into the community after their 6
release from custody, including by acquiring skills; and 7
(c) to initiate, maintain and strengthen ties between offenders and 8
members of their families and the community; and 9
(d) to help counsel offenders who are subject to community based 10
orders. 11
(2) The services and programs must take into account the special needs 12
of offenders. 13
14
Example--
15
Whenever possible, female doctors must be appointed to corrective services
16
facilities for female prisoners.
devices 17
Monitoring
191. The chief executive may require an offender to wear a device that 18
monitors the offender's location. 19
20
Examples--
21
1. The chief executive may require a prisoner to wear a monitoring device as a
22
condition of resettlement leave.
23
2. The chief executive, at the request of a corrections board, may require an
24
offender who is the subject of a post-prison community based release order to wear a
25
monitoring device.
of emergency 26
Declaration
192.(1) The chief executive may, with the Minister's approval, declare 27
that an emergency exists in relation to a prison for a stated period, of not 28
more than 3 days, if the chief executive reasonably believes a situation exists 29
s 193 112 s 194
Corrective Services
at the prison that threatens or is likely to threaten-- 1
(a) the security or good order of the prison; or 2
(b) the safety of a prisoner or another person in the prison. 3
(2) The declaration lapses at the end of the stated period unless-- 4
(a) it is sooner revoked by the chief executive; or 5
(b) another declaration is made to take effect. 6
(3) While the declaration is in force, the chief executive may-- 7
(a) restrict any activity in, or access to, the prison; or 8
(b) order that the prisoner's privileges be withheld; or 9
(c) authorise police officers to perform a function or exercise a power 10
of a corrective services officer, under the direction of the senior 11
police officer present. 12
(4) In this section-- 13
"prison" includes part of a prison. 14
to provide police 15
Commissioner
193.(1) To help the chief executive in the discharge of the chief 16
executive's functions, the chief executive may ask the commissioner to 17
provide police officers. 18
(2) The commissioner must comply with the request. 19
service 20
Community
194.(1) The chief executive may, in writing, declare an activity to be 21
community service for this Act or the Penalties and Sentences Act 1992. 22
(2) The chief executive may appoint an appropriately qualified person (a 23
"community service supervisor") to supervise offenders performing 24
community service. 25
(3) A community service supervisor-- 26
(a) ceases to be appointed at the end of the term stated in the 27
s 195 113 s 196
Corrective Services
instrument of appointment; and 1
(b) may resign by signed notice given to the chief executive. 2
forms 3
Approved
195.(1) The chief executive may approve forms for use under this Act. 4
(2) An order or instrument made or granted under this Act must be in the 5
approved form if there is one. 6
ART 2--ENGAGED SERVICE PROVIDERS 7
P
service providers 8
Engaging
196.(1) The chief executive may, in writing, authorise an entity (an 9
"engaged service provider") to perform an office holder's functions. 10
(2) When performing authorised functions, an engaged service provider 11
has the same powers as the office holder, including a power of delegation, 12
but not including the power to authorise an engaged service provider under 13
this section. 14
(3) The chief executive may give the authority subject to stated 15
conditions, including for example, a condition-- 16
(a) that a particular power only be exercised subject to a decision of 17
the chief executive; or 18
19
Example--
20
A condition may require the engaged service provider to get the chief
21
executive's consent before delegating a particular power.
(b) imposing particular duties on the engaged service provider's 22
employees. 23
24
Examples--
25
1. A condition may require the engaged service provider to ensure the
26
provider's employees receive the training required by the chief executive.
s 197 114 s 197
Corrective Services
1
2. A condition may require the engaged service provider to ensure the
2
provider's employees are subject to a code of conduct equivalent to the
3
code of conduct, approved under the Public Sector Ethics Act 1994, for the
4
department.
(4) The authorisation of an engaged service provider to perform an office 5
holder's function does not relieve the chief executive of the chief executive's 6
obligation to ensure the function is properly performed. 7
(5) Laws applying to an office holder apply to the engaged service 8
provider in connection with the performance of an authorised function, or 9
the exercise of a power for an authorised function, as if the engaged service 10
provider were the officer holder. 11
(6) In this section-- 12
"entity" does not include a public service employee. 13
"function" of an office holder means a function of the office holder 14
under-- 15
(a) this Act, other than the chief executive's functions relating to the 16
appointment of-- 17
(i) inspectors; or 18
(ii) official visitors; or 19
(iii) chaplains; or 20
(b) another Act that relates to corrective services. 21
"office holder" means-- 22
(a) the chief executive; or 23
(b) a person in charge; or 24
(c) a corrective services officer; or 25
(d) a doctor appointed for a corrective services facility. 26
applying to engaged service providers 27
Acts
197. The following Acts apply to an engaged service provider as if the 28
provider were the department-- 29
(a) Freedom of Information Act 1992; 30
s 198 115 s 200
Corrective Services
(b) Judicial Review Act 1991; 1
(c) Parliamentary Commissioner Act 1974. 2
of engaged service provider 3
Review
198.(1) The chief executive may appoint an appropriately qualified 4
person to review an engaged service provider's performance of authorised 5
functions. 6
(2) The engaged service provider must allow the person unlimited access 7
to-- 8
(a) records relating to the performance of the functions; or 9
(b) persons employed or engaged by the engaged service provider; or 10
(c) if the functions relate to the management of prisoners--the 11
relevant corrective services facility; or 12
(d) anything else stated in the appointment. 13
(3) The person must prepare a report on the review for the chief 14
executive. 15
PART 3--PERSONS IN CHARGE 16
persons in charge 17
Appointing
199. The chief executive may appoint an appropriately qualified public 18
service officer, or another appropriately qualified person, to be the person in 19
charge of a corrective services facility. 20
and powers of persons in charge 21
Functions
200.(1) Subject to any direction of the chief executive, the person in 22
charge of a corrective services facility is responsible for-- 23
(a) the security and management of the facility; and 24
(b) the safe custody and welfare of prisoners in the facility. 25
s 201 116 s 203
Corrective Services
(2) The person in charge has-- 1
(a) the power to do all things necessary or convenient to be done for, 2
or in connection with, the performance of the person's functions 3
whether under this or another Act; and 4
(b) the powers of a corrective services officer. 5
(3) The person in charge may delegate the person's powers to an 6
appropriately qualified person. 7
ART 4--CORRECTIVE SERVICES OFFICERS 8
P
corrective services officers 9
Appointing
201. The chief executive may appoint an appropriately qualified public 10
service officer, or another appropriately qualified person, to be a corrective 11
services officer and perform the functions of a corrective services officer. 12
of corrective services officers 13
Powers
202.(1) A corrective services officer-- 14
(a) has the powers given under this or another Act; and 15
(b) is subject to the directions of the chief executive in exercising the 16
powers. 17
(2) The powers may be limited-- 18
(a) under a regulation; or 19
(b) under a condition of appointment; or 20
(c) by written notice given by the chief executive to the officer. 21
cards for corrective services officers 22
Identity
203.(1) The chief executive must give each corrective services officer an 23
identity card. 24
(2) The identity card must-- 25
s 204 117 s 205
Corrective Services
(a) contain a recent photo of the officer; and 1
(b) be signed by the officer; and 2
(c) identify the person as a corrective services officer; and 3
(d) state an expiry date. 4
(3) This section does not prevent the giving of a single identity card to a 5
person for this and other Acts. 6
of equipment 7
Surrender
204.(1) If a person stops being a corrective services officer, the person 8
must return a firearm or other weapon issued to the person in the person's 9
capacity as a corrective services officer to the chief executive immediately 10
after the person stops being a corrective services officer, unless the person 11
has a reasonable excuse. 12
Maximum penalty--20 penalty units. 13
(2) If a person stops being a corrective services officer, the person must 14
return the following to the chief executive as soon as practicable, but within 15
7 days, after the person stops being a corrective services officer, unless the 16
person has a reasonable excuse-- 17
(a) the person's identity card; 18
(b) anything else issued to the person in the person's capacity as a 19
corrective services officer that the chief executive requires to be 20
returned. 21
Maximum penalty--10 penalty units. 22
services dogs and dog handlers 23
Corrective
205. The chief executive may, in the approved form, certify-- 24
(a) a corrective services officer as a corrective services dog handler; 25
or 26
(b) a dog as a corrective services dog. 27
s 206 118 s 208
Corrective Services
of corrective services dogs 1
Use
206.(1) A corrective services dog may be used-- 2
(a) to search for prohibited things; or 3
(b) to search for prisoners; or 4
(c) to restrain a prisoner; or 5
(d) for the security or good order of a corrective services facility; or 6
(e) if it is reasonably necessary to help a corrective services officer to 7
perform functions under this Act. 8
9
Example for paragraph (a)--
10
A corrective services dog may be used to do a scanning search of persons
11
for drugs in a corrective service facility.
(2) Subsection (1)(c) to (e) apply subject to the requirements of chapter 3, 12
part 5.16 13
services dog may accompany officer 14
Corrective
207.(1) A corrective services dog under the control of a corrective 15
services dog handler may enter, and remain on, any place that the corrective 16
services dog handler may lawfully enter or remain on. 17
(2) Subsection (1) applies despite the provisions of any other Act or law. 18
of laws 19
Application
208.(1) The provisions of a local law do not apply to-- 20
(a) a corrective services dog; or 21
(b) a corrective services dog handler in relation to anything done by 22
the handler in the execution of the handler's duty as a corrective 23
services officer. 24
16 Chapter 3, part 5 (Use of force)
s 209 119 s 210
Corrective Services
(2) The Animals Protection Act 1925, section 4(3)17 does not apply to a 1
corrective services dog when it is under the control of a corrective services 2
dog handler. 3
ART 5--DOCTORS 4
P
5
Doctors
209.(1) The chief executive-- 6
(a) must appoint at least 1 doctor for each prison; and 7
(b) may appoint a doctor for a community corrective services facility. 8
(2) A doctor who is not employed under the Public Service Act 1996 is 9
entitled to the remuneration, allowances and expenses approved by the chief 10
executive. 11
functions 12
Doctor's
210. A doctor for a corrective services facility must-- 13
(a) examine and treat prisoners at the facility; and 14
(b) establish a record of the examinations carried out and treatment 15
given by the doctor or at the doctor's direction; and 16
(c) report and make recommendations to the chief executive, or 17
person in charge, about a prisoner's medical condition when 18
required to do so by the chief executive or person in charge; and 19
(d) perform any other functions the doctor is required by the chief 20
executive or the person in charge to perform. 21
17 Section 4 (Offences of cruelty)
s 211 120 s 211
Corrective Services
PART 6--OFFICIAL VISITORS 1
official visitors 2
Appointing
211.(1) The chief executive may appoint an appropriately qualified 3
person as an official visitor for a corrective services facility, for a period of 4
up to 3 years. 5
(2) The chief executive must ensure that-- 6
(a) if 2 or more official visitors are appointed for a corrective services 7
facility, at least 1 of the official visitors is a lawyer; and 8
(b) if a significant proportion of prisoners in custody at a facility are 9
Aboriginal or Torres Strait Islander prisoners, at least 1 of the 10
official visitors appointed for the facility is an Aboriginal or 11
Torres Strait Islander person; and 12
(c) at least 1 of the official visitors at a women's corrective services 13
facility is a woman. 14
(3) The chief executive must not appoint as an official visitor-- 15
(a) a public service employee; or 16
(b) an employee of an engaged service provider. 17
(4) An official visitor is entitled to the remuneration, allowances and 18
expenses approved by the chief executive. 19
(5) The chief executive may dismiss an official visitor who-- 20
(a) is convicted of an indictable offence; or 21
(b) fails to perform the functions of an official visitor under this Act; 22
or 23
(c) while acting as an official visitor, solicits business or otherwise 24
fails to act properly in a matter in which the official visitor's 25
personal interest conflicts with the public interest; or 26
(d) does anything else that the chief executive reasonably considers is 27
adequate justification for the dismissal. 28
s 212 121 s 214
Corrective Services
of official visits 1
Frequency
212.(1) An official visitor must visit the corrective services facility for 2
which the official visitor has been appointed-- 3
(a) once each month, unless otherwise directed by the chief executive; 4
and 5
(b) when asked to do so by the person in charge. 6
(2) If an official visitor is unable to visit as required by subsection (1), the 7
official visitor must immediately notify the person in charge. 8
to see official visitor 9
Asking
213.(1) If a prisoner indicates to the person in charge that the prisoner 10
wants to see an official visitor, the person in charge must-- 11
(a) record that fact in an official visitor's register; and 12
(b) advise the official visitor when the official visitor next visits the 13
corrective services facility. 14
(2) A prisoner is not required, and must not be asked, to tell the person in 15
charge why the prisoner wants to see an official visitor. 16
visitor's function 17
Official
214.(1) An official visitor must investigate a complaint made by a 18
prisoner, but only if-- 19
(a) the complaint is made by a prisoner at the corrective services 20
facility to which the visitor is appointed; and 21
(b) the complaint is about an act or omission relating to the prisoner 22
that is an act or omission of-- 23
(i) the chief executive; or 24
(ii) the person in charge; or 25
(iii) a corrective services officer. 26
(2) However, an official visitor must not investigate a complaint if-- 27
(a) it involves a matter that is currently before a court or tribunal; or 28
s 214 122 s 214
Corrective Services
(b) it can be more appropriately dealt with by another person or 1
agency; or 2
(c) it is made by a prisoner with whom the official visitor had a prior 3
professional or personal relationship; or 4
(d) the official visitor's personal interest in the prisoner conflicts with 5
the public interest; or 6
(e) the official visitor reasonably suspects the complaint involves, or 7
may involve, official misconduct, unless the chief executive has 8
advised the official visitor that-- 9
(i) the complaint has been referred to the CJC; and 10
(ii) the CJC's chief officer of complaints has advised the chief 11
executive that the CJC does not intend to investigate the 12
complaint; or 13
(f) the official visitor believes the complaint to be frivolous or 14
vexatious. 15
(3) An official visitor must act impartially when investigating a 16
complaint. 17
(4) An official visitor may arrange for another official visitor appointed to 18
the same corrective services facility to investigate a complaint if-- 19
(a) the other official visitor agrees; and 20
(b) the prisoner is not significantly prejudiced by delay. 21
(5) After investigating a complaint, an official visitor may make a 22
recommendation to the person in charge. 23
(6) After investigating a complaint, an official visitor must immediately 24
advise the prisoner-- 25
(a) whether the official visitor has made a recommendation; and 26
(b) if a recommendation has been made--the terms of the 27
recommendation, but without disclosing confidential information. 28
(7) To remove doubt, it is declared that-- 29
(a) the person in charge is not bound by an official visitor's 30
recommendation; and 31
s 215 123 s 216
Corrective Services
(b) an official visitor can not overrule a decision about which a 1
complaint has been made. 2
visitor's powers 3
Official
215.(1) An official visitor appointed to a corrective services facility 4
may-- 5
(a) enter the facility at any time, except when a declaration of 6
emergency is in force for the facility under section 19218; and 7
(b) on request, have access to a place where the official visitor may 8
interview a prisoner out of the hearing of other persons; and 9
(c) inspect and copy, at the facility, any document kept under the Act 10
that relates to a complaint the official visitor is investigating, other 11
than a document to which legal professional privilege applies. 12
(2) A corrective services officer must give the official visitor reasonable 13
help to exercise a power given to the official visitor under this Act. 14
visitor's reports 15
Official
216. An official visitor must give the chief executive-- 16
(a) if asked by the chief executive, a written report about an 17
investigation; and 18
(b) at least every 3 months, a written report summarising the number 19
and types of complaints the official visitor has investigated. 20
18 Section 192 (Declaration of emergency)
s 217 124 s 219
Corrective Services
PART 7--CHAPLAINS, ELDERS, RESPECTED 1
PERSONS AND SPIRITUAL HEALERS 2
chaplains 3
Appointing
217.(1) The chief executive may appoint a person, nominated by a 4
religious group as its representative, as a chaplain for a corrective services 5
facility. 6
(2) A chaplain has the functions prescribed under a regulation. 7
elders, respected persons and spiritual healers 8
Appointing
218. The chief executive may appoint an Aboriginal or Torres Strait 9
Islander elder, respected person or indigenous spiritual healer for a 10
corrective services facility. 11
PART 8--INSPECTORS 12
inspectors 13
Appointing
219.(1) The chief executive may appoint an appropriately qualified 14
person as an inspector. 15
(2) The function of an inspector is to investigate an incident. 16
(3) For each incident, the chief executive must appoint at least 17
2 inspectors. 18
(4) At least 1 of the inspectors must be-- 19
(a) a person who is not an employee of-- 20
(i) the department; or 21
(ii) an engaged service provider that administers the corrective 22
services facility at which the incident happened; and 23
(b) if the incident involves a Aboriginal or Torres Strait Islander 24
prisoner--an Aboriginal or Torres Strait Islander person. 25
s 220 125 s 221
Corrective Services
conditions 1
Appointment
220.(1) An inspector holds the appointment on the conditions stated in 2
the instrument of appointment. 3
(2) An inspector who is not a public service officer is entitled to the 4
remuneration, allowances and expenses approved by the chief executive. 5
(3) An inspector-- 6
(a) ceases to hold an appointment at the end of the term stated in the 7
instrument of appointment; and 8
(b) if the instrument of appointment so provides--ceases to hold an 9
appointment on ceasing to hold another appointment stated in the 10
instrument; and 11
(c) may resign by signed notice given to the chief executive. 12
(4) The instrument of appointment must state-- 13
(a) the incident the inspector is to investigate; and 14
(b) any limitations applying to the exercise of the inspector's powers 15
under this Act. 16
powers generally 17
Inspector's
221.(1) For an investigation of an incident, an inspector may-- 18
(a) enter a corrective services facility at any time, except when a 19
declaration of emergency is in force for the facility under 20
section 19219; or 21
(b) interview any prisoner; or 22
(c) on request, have access to a place where the inspector may 23
interview a prisoner out of the hearing of other persons; or 24
(d) inspect and copy any document kept at the facility for the Act that 25
relates to the incident the inspector is investigating, other than a 26
document to which legal professional privilege applies. 27
19 Section 192 (Declaration of emergency)
s 222 126 s 224
Corrective Services
(2) A corrective services officer must give the inspector reasonable help 1
to exercise a power given to the inspector under this Act. 2
power to require information 3
Inspector's
222.(1) This section applies if an inspector investigating an incident 4
reasonably believes a person performing a function under this Act may be 5
able to give information about the incident. 6
(2) The inspector may require the person to give information about the 7
incident. 8
(3) When making the requirement, the inspector must warn the person it 9
is an offence for the person not to give the information, unless the person 10
has a reasonable excuse. 11
(4) The person must give the information, unless the person has a 12
reasonable excuse. 13
Maximum penalty--40 penalty units or 6 months imprisonment. 14
(5) It is a reasonable excuse for an individual to fail to give the 15
information if giving the information might tend to incriminate the 16
individual. 17
reports 18
Inspector's
223. The inspectors appointed to investigate an incident must give a 19
written report to the chief executive containing their results and any 20
recommendations. 21
PART 9--VOLUNTEERS 22
volunteers 23
Authorising
224.(1) The chief executive may authorise a person (a "volunteer") in 24
writing to perform-- 25
(a) unpaid work for the welfare of prisoners; or 26
s 225 127 s 226
Corrective Services
(b) unpaid supervision of offenders who are subject to community 1
based orders. 2
(2) A volunteer must comply with any condition stated in the 3
authorisation and with any direction given by a corrective services officer 4
for the security or good order of the corrective services facility. 5
(3) A volunteer is entitled to the expenses approved by the chief 6
executive. 7
ART 10--CORRECTIVE SERVICES ADVISORY 8
P
COUNCIL 9
of advisory council 10
Establishment
225.(1) The Corrective Services Advisory Council is established. 11
(2) The advisory council reports directly to the Minister. 12
and powers of advisory council 13
Functions
226.(1) The functions of the advisory council are-- 14
(a) to advise the Minister of community views about-- 15
(i) corrective services generally; and 16
(ii) the department's policies and procedures for corrective 17
services; and 18
(b) to examine, and make recommendations on, issues the Minister 19
refers to the advisory council. 20
(2) In performing its functions, the advisory council should seek to 21
contribute to a culture of openness and transparency in the department's 22
management of corrective services. 23
(3) The advisory council has the power to do all things necessary or 24
convenient to be done for, or in connection with, the performance of its 25
functions. 26
s 227 128 s 229
Corrective Services
1
Composition
227.(1) The advisory council consists of the following members-- 2
(a) the chief executive; 3
(b) not more than 9 other persons appointed by the Minister. 4
(2) The appointed members should, but need not, include-- 5
(a) persons with expertise in 1 or more of the following-- 6
(i) business; 7
(ii) legal and advocacy issues; 8
(iii) employee relations; and 9
(b) persons who represent Aboriginal and Torres Strait Islander 10
groups; and 11
(c) persons who represent corrective services officers. 12
(3) The Minister must appoint a member as the chairperson of the 13
advisory council. 14
of appointment 15
Term
228.(1) Half, or as close as practicable to half, of the first persons to be 16
appointed as members of the advisory council are to be appointed for a term 17
of 18 months. 18
(2) All other appointments of appointed members are to be for a term of 19
not more than 3 years. 20
(3) An appointed member of the advisory council must not be appointed 21
to more than 2 terms, whether or not consecutive, as a member. 22
(4) The Minister may end the appointment of an appointed member of 23
the advisory council at any time. 24
(5) It is unnecessary for any reasons to be given for ending the 25
appointment. 26
of appointment 27
Conditions
229.(1) An appointed member of the advisory council holds the 28
s 230 129 s 231
Corrective Services
member's appointment on the conditions that are decided by the Minister 1
from time to time. 2
(2) An appointed member of the advisory council is not entitled to any 3
remuneration or allowances for participating in meetings of the advisory 4
council. 5
(3) However, the member is entitled to be paid the expenses that the 6
Minister considers are necessarily and reasonably incurred, or to be 7
incurred, by the member to attend meetings. 8
9
Meetings
230.(1) The advisory council must meet at least 4, and not more 10
than 6, times each year at times and places chosen by the Minister. 11
(2) However, the advisory council may hold extra meetings if the 12
Minister asks the advisory council to meet more frequently to deal with 13
particular issues. 14
PART 11--PRISONERS OF THE COURT 15
in proper officer of the court's custody 16
Prisoners
231.(1) A person who is required by law to surrender himself or herself 17
into the custody of a court must do so by surrendering himself or herself 18
into the custody of the proper officer of the court. 19
(2) A prisoner of a court is in the custody of the proper officer of the 20
court until-- 21
(a) released on bail; or 22
(b) discharged from lawful custody; or 23
(c) otherwise dealt with as the court directs. 24
(3) The proper officer has, in relation to a prisoner of the court, all the 25
powers of a person in charge of a secure facility under this Act, in relation to 26
a prisoner, that are necessary for the discharge of the proper officer's 27
functions. 28
s 232 130 s 233
Corrective Services
(4) To help the proper officer to perform the proper officer's functions, 1
the proper officer may ask-- 2
(a) the chief executive to provide corrective services officers; and 3
(b) the commissioner to provide police officers. 4
(5) The chief executive or commissioner must comply with the request. 5
(6) The proper officer may delegate the proper officer's powers to an 6
appropriately qualified person. 7
cells 8
Court
232.(1) A person who is not a prisoner of a court may be detained in a 9
court cell if the person is lawfully in custody to attend before a court or 10
another entity. 11
(2) While detained in the court cell, the person is in the custody of the 12
proper officer of the court where the court cell is located. 13
(3) The proper officer of a court is responsible for the management, 14
security and good order of the court cell, despite anything in the State 15
Buildings Protective Security Act 1983. 16
(4) In this section-- 17
"court cell" means a place attached to or near a court that-- 18
(a) is not a corrective services facility; and 19
(b) is used for detaining prisoners of the court. 20
PART 12--PROPERTY 21
1--Prisoner's money 22
Division
trust fund to be kept 23
Prisoners
233.(1) The chief executive must keep a prisoners trust fund. 24
(2) All amounts received for a prisoner by the chief executive, including 25
s 234 131 s 236
Corrective Services
an amount received from an employer during a period of release to work, 1
must be paid into the prisoner's account in the fund. 2
(3) If the public trustee is managing the prisoner's estate and the public 3
trustee asks for the payment, the chief executive must pay the amount in the 4
prisoner's account to the public trustee. 5
(4) A prisoner may, with the chief executive's consent, spend an amount 6
that is in the prisoner's account. 7
(5) The chief executive may limit the amount to be spent. 8
(6) When a prisoner is discharged or released, the chief executive must 9
pay the prisoner the amount in the prisoner's account. 10
account records 11
Trust
234. The chief executive must keep records of the administration of each 12
prisoner's account, noting each payment to the account and each deduction 13
from the account. 14
to prisoner's account 15
Payments
235. The chief executive may pay an amount into a prisoner's account for 16
the following purposes-- 17
(a) allowances for basic amenities; 18
(b) another purpose prescribed under a regulation. 19
from prisoner's account 20
Deductions
236. The chief executive may deduct an amount from a prisoner's 21
account for the following purposes-- 22
(a) if the prisoner asks--to help the prisoner to attend an approved 23
course or program, to take part in employment or for a leave of 24
absence; 25
(b) to reimburse the chief executive for any payments made to help 26
the prisoner to attend an approved course or program, to take part 27
in employment or for a leave of absence; 28
(c) to reimburse the chief executive for the cost of replacing or 29
s 237 132 s 238
Corrective Services
repairing any property that the prisoner wilfully damaged or 1
destroyed during the commission of-- 2
(i) a breach of discipline, or an offence, under this Act; or 3
(ii) an offence for which the prisoner is convicted, in accordance 4
with a court order under the Penalties and Sentences Act 5
1992; 6
(d) to buy goods for the prisoner, at the prisoner's request; 7
(e) to contribute to the costs of board in a corrective services facility if 8
the prisoner is employed under a release to work order; 9
(f) another purpose prescribed under a regulation. 10
of prisoners trust fund 11
Investment
237.(1) The chief executive may invest amounts held in the prisoners 12
trust fund in a financial institution. 13
(2) The chief executive must apply any interest earned on the investment 14
for the general benefit of prisoners and report annually to the Minister on the 15
application of the interest. 16
for prisoners 17
Remuneration
238.(1) The chief executive may approve an activity or program to be an 18
activity or program for which remuneration, at rates set by the chief 19
executive, may be paid to a prisoner. 20
(2) The chief executive must review the remuneration rates at least once 21
every year. 22
(3) The chief executive may withhold remuneration from a prisoner 23
who-- 24
(a) has not diligently undertaken the activity or program; or 25
(b) refuses to participate in an activity. 26
s 239 133 s 240
Corrective Services
2--Other property of prisoner 1
Division
property into facility 2
Bringing
239.(1) The person in charge may allow a prisoner's property to be 3
brought into the corrective services facility. 4
(2) However, the person in charge may impose conditions about the 5
property, including for example-- 6
(a) a condition limiting the property's use; or 7
(b) a condition that the property be safe for use. 8
(3) The prisoner must pay any costs incurred in deciding whether 9
property is safe for use. 10
(4) If the prisoner fails to pay the costs, the person in charge may refuse 11
to allow the property to enter the facility. 12
(5) A regulation may be made about the property that a prisoner may 13
keep in a corrective services facility, including for example the amount of 14
property that a prisoner may keep. 15
(6) The person in charge must keep a record that describes the property 16
each prisoner has in the facility. 17
of escape on property 18
Effect
240.(1) If a prisoner escapes, the property of the prisoner in a corrective 19
services facility is taken to have been abandoned, and is forfeited to the 20
State. 21
(2) The person in charge, with the chief executive's consent, may dispose 22
of, or destroy, the property. 23
s 241 134 s 242
Corrective Services
ART 13--COMPENSATION 1
P
for loss or damage of property 2
Compensation
241.(1) A person may claim compensation from the State if, when the 3
person was in the chief executive's custody, the person's property was lost 4
or damaged while-- 5
(a) stored by the chief executive; or 6
(b) being transported, by the chief executive, between corrective 7
services facilities. 8
(2) The person may apply to the chief executive for payment of an 9
amount by the State for the loss or damage. 10
(3) The application is to be decided by the chief executive. 11
(4) The chief executive may approve the payment of an amount only if 12
satisfied that payment is justified in all the circumstances. 13
(5) In this section-- 14
"property" means property recorded under section 239(6). 15
ART 14--INFORMATION 16
P
persons 17
Concerned
242.(1) The chief executive must establish a register of concerned 18
persons. 19
(2) The following persons may apply, in the approved form, to be 20
registered as a concerned person-- 21
(a) the actual victim of an offence of violence; 22
(b) an immediate family member or partner of an actual victim of an 23
offence of violence, including a deceased victim; 24
(c) the guardian of a child victim, or of another victim with a legal 25
incapacity, of an offence of violence. 26
s 243 135 s 243
Corrective Services
(3) A concerned person may, by written notice given to the chief 1
executive, nominate a victims support agency or another person to receive 2
information on the person's behalf. 3
(4) To the extent that the chief executive considers appropriate in the 4
circumstances, the chief executive may release information about a prisoner 5
to a concerned person, including, for example-- 6
(a) the prisoner's current location; and 7
(b) the prisoner's classification; and 8
(c) the prisoner's transfer between corrective services facilities; and 9
(d) the prisoner's eligibility dates for discharge or release; and 10
(e) the prisoner's date of discharge or release; and 11
(f) the results of the prisoner's application for post-prison 12
community based release orders; and 13
(g) the death or escape of, or other exceptional events relating to, the 14
prisoner. 15
(5) If the concerned person has nominated an agency or person under 16
subsection (3), the chief executive may give the information to the agency or 17
person. 18
information 19
Confidential
243.(1) This section applies to a person (the "informed person") if the 20
informed person is-- 21
(a) a person who is performing or has performed a function under 22
this Act or the repealed Acts, or is or was otherwise engaged in 23
the administration of this Act or the repealed Acts; or 24
(b) a person who has obtained access to confidential information, 25
whether directly or indirectly, from a person mentioned in 26
paragraph (a). 27
(2) The informed person must not disclose confidential information 28
acquired by the informed person to anyone else other than under 29
subsection (3). 30
Maximum penalty--100 penalty units or 2 years imprisonment. 31
s 244 136 s 244
Corrective Services
(3) The informed person may disclose confidential information-- 1
(a) for the purposes of this Act; or 2
(b) to discharge a function under another law or if it is otherwise 3
authorised under another law; or 4
(c) for a proceeding in a court, if the informed person is required to 5
do so by order of the court or otherwise by law; or 6
(d) if authorised by the person to whom the information relates; or 7
(e) if authorised by the chief executive because-- 8
(i) a person's life or physical safety could otherwise reasonably 9
be expected to be endangered; or 10
(ii) it is otherwise in the public interest. 11
to provide criminal history 12
Commissioner
244.(1) The chief executive may ask the commissioner to give the chief 13
executive, for use under this Act and the Penalties and Sentences Act 1992, 14
a report about the criminal history of-- 15
(a) an offender; or 16
(b) a person performing a function under this Act; or 17
(c) a visitor to a corrective services facility. 18
(2) The commissioner must give the chief executive a written report 19
about the criminal history that-- 20
(a) is in the commissioner's possession; or 21
(b) the commissioner can access through arrangements with the 22
police service of another State. 23
(3) The chief executive may give information in the report to-- 24
(a) the person in charge of an institution (including in another State) 25
to which a prisoner is, or is to be, transferred under this Act or 26
another Act; or 27
(b) a designated authority under the Parole Orders (Transfer) Act 28
s 245 137 s 245
Corrective Services
1984, section 7(1)(e);20 or 1
(c) a proper authority under the Penalties and Sentences Act 1992, 2
section 136(2)(b);21 or 3
(d) a corrections board. 4
(4) The information in the report may include a reference to, or a 5
disclosure of, a conviction referred to in the Criminal Law (Rehabilitation of 6
Offenders) Act 1986, section 6.22 7
(5) In this section-- 8
"criminal history" of a person means-- 9
(a) the offences of which the person has been convicted; or 10
(b) the court briefs for the offences. 11
reports 12
Pre-sentence
245.(1) When required to do so by a court, the chief executive must 13
arrange for a corrective services officer to prepare a pre-sentence report for 14
the court about a stated person convicted of an offence. 15
(2) If the court proposes to grant bail to the person, the court must order 16
the person to report to the corrective services officer within a stated time. 17
(3) The pre-sentence report must be-- 18
(a) given to the court within 28 days; and 19
(b) if the report is in writing--given in triplicate. 20
(4) A court must give a copy of a pre-sentence report to-- 21
(a) the prosecution; and 22
(b) the convicted person's legal representatives. 23
(5) The court must ensure the prosecution and legal representatives have 24
20 Parole Orders (Transfer) Act 1984, section 7 (Documents to accompany requests)
21 Penalties and Sentences Act 1992, section 136 (Notifications following making of
order)
22 Criminal Law (Rehabilitation of Offenders) Act 1986, section 6 (Non-disclosure of
convictions on expiration of rehabilitation period)
s 246 138 s 248
Corrective Services
sufficient time before the proceedings to consider and respond to the report. 1
(6) The court may order that the report, or part of the report, not be 2
shown to the convicted person. 3
(7) The copy of the report must be returned to the court before the end of 4
the proceedings. 5
(8) A report purporting to be a pre-sentence report made by a corrective 6
services officer is evidence of the matters contained in it. 7
(9) An objection must not be taken or allowed to the evidence on the 8
ground that it is hearsay. 9
ART 15--LEGAL PROVISIONS 10
P
prerogative of mercy etc. not affected 11
Royal
246.(1) This Act does not affect the royal prerogative of mercy. 12
(2) Subject to the express provisions of this Act, nothing in this Act must 13
be read as limiting or changing any authority or jurisdiction that a court, 14
judge or justice has under another Act or law. 15
of warrant 16
Interpretation
247.(1) If a question arises about the construction or effect of a warrant 17
committing a person into custody, the chief executive may apply to a 18
Supreme Court judge to interpret the warrant. 19
(2) The interpretation is sufficient authority for the chief executive to deal 20
with the person in accordance with the interpretation. 21
(3) An appeal does not lie against the interpretation. 22
of warrant by corrective services officer 23
Execution
248. If a court issues a warrant requiring police officers to convey a 24
person before the court to a corrective services facility, a corrective services 25
officer may execute the warrant. 26
s 249 139 s 251
Corrective Services
from liability 1
Protection
249.(1) An official does not incur civil liability for an act done, or 2
omission made, honestly and without negligence under this Act. 3
(2) If subsection (1) prevents a civil liability attaching to an official, the 4
liability attaches instead to the State. 5
(3) In this section-- 6
"official"-- 7
(a) means-- 8
(i) the Minister; or 9
(ii) the chief executive; or 10
(iii) a person appointed for this Act; or 11
(iv) a volunteer; but 12
(b) does not include an engaged service provider, or person appointed 13
by an engaged service provider, performing a function of a person 14
mentioned in paragraph (a). 15
for offences 16
Proceedings
250.(1) A proceeding for an offence against this Act, other than an 17
offence under section 92,23 is a summary proceeding under the Justices Act 18
1886. 19
(2) The proceeding must start-- 20
(a) within 1 year after the offence was committed; or 21
(b) within 6 months after the offence comes to the complainant's 22
knowledge, but within 2 years after the offence was committed. 23
aids 24
Evidentiary
251.(1) This section applies to a proceeding under this or another Act. 25
(2) It is not necessary to prove the appointment of an appointed person or 26
23 Section 92 (Unlawful assembly, riot and mutiny)
s 251 140 s 251
Corrective Services
the power of an appointed person to do something, unless a party to the 1
proceeding, by reasonable notice of at least 7 days, requires proof. 2
(3) A certificate purporting to be signed by the chief executive stating any 3
of the following matters is evidence of the matter-- 4
(a) a person's appointment as an appointed person was, or was not, 5
in force on a stated day or during a stated period; 6
(b) a person is, or was on a stated day or during a stated period, a 7
prisoner; 8
(c) a dog is, or was on a stated day or during a stated period, a 9
corrective services dog; 10
(d) a stated place is, or was on a stated day or during a stated period, a 11
corrective services facility; 12
(e) a stated approval or exemption is, or was on a stated day or 13
during a stated period, in force; 14
(f) a stated document is a copy of a document made under this Act; 15
(g) the contents of a stated substance that was tested by a stated 16
analyst within the meaning of the Health Act 1937; 17
(h) a stated thing is, or was on a stated day or during a stated 18
period-- 19
(i) property that is part of a corrective services facility; or 20
(ii) other property of the State; 21
(i) consent was not given for a stated act or omission that is alleged 22
to have happened. 23
(4) A certificate signed by the secretary of a corrections board recording a 24
decision of the board is evidence of the matter. 25
(5) A signature purporting to be the signature of an appointed person is 26
evidence of the person's signature. 27
(6) In a complaint starting the proceeding, a statement that the offence in 28
the complaint came to the complainant's knowledge on a stated day is 29
evidence of the matter. 30
(7) In this section-- 31
"appointed person" means-- 32
s 252 141 s 254
Corrective Services
(a) the chief executive; or 1
(b) a person in charge of a corrective services facility; or 2
(c) a corrective services officer; or 3
(d) an official visitor; or 4
(e) an inspector; or 5
(f) a doctor; or 6
(g) a police officer; or 7
(h) a community service supervisor. 8
ART 16--MISCELLANEOUS 9
P
of Act 10
Review
252. The Minister must review the efficacy and efficiency of this Act 11
within 5 years of its commencement. 12
from tolls 13
Exemption
253. A vehicle being used to transport prisoners is exempt from payment 14
of a toll for the use of a road, bridge or ferry. 15
power 16
Regulation-making
254.(1) The Governor in Council may make regulations under the Act. 17
(2) A regulation may-- 18
(a) prescribe offences for a contravention of a regulation and fix a 19
maximum penalty of not more than 20 penalty units for a 20
contravention; or 21
(b) prescribe what is a privilege; or 22
(c) prescribe fees payable under this Act. 23
s 255 142 s 258
Corrective Services
HAPTER 7--TRANSITIONAL PROVISIONS 1
C
ART 1--CONTINUATION OF REGIONAL BOARDS 2
P
of regional community corrections boards 3
Continuation
255. A regional community corrections board, established under the 4
Corrective Services Act 1988 for an area and in existence immediately 5
before the repeal of that Act, is taken to have been established under this Act 6
for the area. 7
ART 2--CONTINUING APPOINTMENTS 8
P
of continuing appointments 9
Conditions
256. An appointment that is continued under this part continues-- 10
(a) until the end of the term of appointment, if any; and 11
(b) on the conditions of the appointment that are not inconsistent with 12
this Act. 13
manager of a prison 14
General
257. A person who immediately before the commencement of this 15
section was a general manager of a prison under a provision of the repealed 16
Acts is taken to be the person in charge of the prison. 17
of a community corrections centre 18
Manager
258. A person who immediately before the commencement of this 19
section was a manager of a community corrections centre under a provision 20
of the repealed Acts is taken to be the person in charge of the centre. 21
s 259 143 s 263
Corrective Services
officers 1
Correctional
259. A person who immediately before the commencement of this 2
section was one of the following persons under a provision of the repealed 3
Acts is taken to be a corrective services officer-- 4
(a) a custodial correctional officer; 5
(b) a community correctional officer; 6
(c) a special correctional officer; 7
(d) a corrective services officer. 8
9
Doctors
260. A person who immediately before the commencement of this 10
section was a medical officer to a prison under a provision of the repealed 11
Acts is taken to be a doctor to the prison. 12
13
Chaplains
261. A person who immediately before the commencement of this 14
section was a chaplain to a prison or community corrections centre under a 15
provision of the repealed Acts continues to be a chaplain to the prison or 16
centre. 17
visitors 18
Official
262. A person who immediately before the commencement of this 19
section was an official visitor to a prison or community corrections centre 20
under a provision of the repealed Acts continues to be an official visitor to 21
the prison or centre. 22
23
Inspectors
263. A person who immediately before the commencement of this 24
section was an inspector under a provision of the repealed Acts continues to 25
be an inspector. 26
s 264 144 s 266
Corrective Services
Services Advisory Council members 1
Corrective
264. A person who immediately before the commencement of this 2
section was a member of the Corrective Services Advisory Council under a 3
provision of the repealed Acts continues to be a member of the advisory 4
council. 5
members 6
Board
265.(1) A person who immediately before the commencement of this 7
section was a member of the Queensland Community Corrections Board 8
under a provision of the repealed Acts continues to be a member of the 9
Queensland board. 10
(2) A person who immediately before the commencement of this section 11
was the president or deputy president of the Queensland Community 12
Corrections Board under a provision of the repealed Acts continues to be the 13
president or deputy president of the Queensland board. 14
(3) A person who immediately before the commencement of this section 15
was the secretary to the Queensland Community Corrections Board under a 16
provision of the repealed Acts continues to be the secretary of the 17
Queensland board. 18
(4) A person who immediately before the commencement of this section 19
was a member of a regional community corrections board under a provision 20
of the repealed Acts continues to be a member of the board. 21
(5) A person who immediately before the commencement of this section 22
was the president or deputy president of a regional community corrections 23
board under a provision of the repealed Acts continues to be the president or 24
deputy president of the board. 25
(6) A person who immediately before the commencement of this section 26
was the secretary to a regional community corrections board under a 27
provision of the repealed Acts continues to be the secretary of the board. 28
29
Volunteers
266. A person who immediately before the commencement of this 30
section was a volunteer under a provision of the repealed Acts continues to 31
be a volunteer. 32
s 267 145 s 268
Corrective Services
PART 3--OTHER TRANSITIONAL PROVISIONS 1
in Acts or documents 2
References
267. In an Act or document-- 3
(a) a reference to the Corrective Services Act 1988, or the Corrective 4
Services (Administration) Act 1988 may, if the context permits, be 5
taken to be a reference to this Act; and 6
(b) a reference to the general manager of a prison is taken to be a 7
reference to the person in charge of the prison; and 8
(c) a reference to a manager of a community corrections centre is 9
taken to be a reference to the person in charge of the centre; and 10
(d) a reference to a general manager of the WORC program is taken 11
to be a reference to the person in charge of WORC sites; and 12
(e) a reference to one of the following persons is taken to be a 13
reference to a corrective services officer-- 14
(i) a custodial correctional officer; 15
(ii) a community correctional officer; 16
(iii) a special correctional officer; 17
(iv) a supervisor. 18
19
Authorities
268.(1) This section applies to an authority-- 20
(a) that was made under a provision of the repealed Acts; and 21
(b) in relation to which there is a corresponding provision under this 22
Act; and 23
(c) that was in force immediately before the commencement of this 24
section. 25
(2) The authority continues in force according to its terms, as if it had 26
been made under the corresponding provision of this Act, with the changes 27
necessary-- 28
s 269 146 s 271
Corrective Services
(a) to make it consistent with this Act; and 1
(b) to adapt its operation to the provisions of this Act. 2
(3) In this section-- 3
"authority" means an approval, authorisation, certificate, classification, 4
decision, declaration, determination, direction, delegation, guideline, 5
home detention instrument, leave of absence instrument, parole or 6
other order, permit, policy, procedure, register, transfer instrument or 7
other authority. 8
of prisoners 9
Custody
269. A prisoner in a person's custody under the Corrective Services Act 10
1988 immediately before the commencement of this section remains a 11
prisoner in the person's custody under this Act. 12
services facilities 13
Corrective
270.(1) The declaration of a place as a prison or community corrections 14
centre made under the Corrective Services Act 1988, that was in force 15
immediately before the commencement of this section, continues in force as 16
if it had been made under this Act. 17
(2) The assignment of a name to a prison or community corrections 18
centre made under the Corrective Services Act 1988, that was in force 19
immediately before the commencement of this section, continues in force as 20
if it had been made under this Act. 21
(3) The definition of the limits of a prison or community corrections 22
centre made under the Corrective Services Act 1988, that was in force 23
immediately before the commencement of this section, continues in force as 24
if it had been made under this Act. 25
ORC and WCC programs 26
W
271.(1) An approved compulsory program in existence under the 27
Corrective Services Act 1988 immediately before the commencement of this 28
section, and known as the Work Outreach Camp Program, continues in 29
existence under this Act as a WORC program. 30
s 272 147 s 274
Corrective Services
(2) An approved compulsory program in existence under the Corrective 1
Services Act 1988 immediately before the commencement of this section, 2
and known as the Women's Community Custody Program, continues in 3
existence under this Act as a WCC program. 4
and rules 5
Regulations
272.(1) The following instruments continue in force, and may be 6
amended or repealed, as if they had been made under this Act-- 7
(a) the Corrective Services Regulation 1989; 8
(b) the Corrective Services (Establishment of Prisons) Regulation 9
1992. 10
(2) The corrective services rules under the Corrective Services 11
(Administration) Act 1988 continue in force as regulations, and may be 12
amended or repealed, as if they had been made under this Act. 13
(3) An instrument mentioned in subsection (1) or (2) is to be read with 14
the changes necessary-- 15
(a) to make it consistent with this Act; and 16
(b) to adapt its operation to the provisions of this Act. 17
(4) This section expires 1 year after it commences. 18
19
Proceedings
273. A proceeding, including a proceeding for a breach of discipline, 20
started before the commencement of this section under a provision of the 21
repealed Acts, and pending at the date of the repeal, may be continued as if it 22
had been started under this Act. 23
trust fund 24
Prisoners
274.(1) The prisoners trust fund established under the Corrective 25
Services (Administration) Act 1988 is continued in existence as the prisoners 26
trust fund required to be kept by the chief executive under section 233(1). 27
(2) An amount in the prisoners trust fund to the credit of a prisoner 28
becomes the amount in the prisoner's account in the fund. 29
s 275 148 s 276
Corrective Services
CHAPTER 8--REPEALS 1
2
Repeals
275. The following Acts are repealed-- 3
· Corrective Services Act 1988 (1988 Act No. 89) 4
· Corrective Services (Administration) Act 1988 (1988 Act 5
No. 87). 6
CHAPTER 9--CONSEQUENTIAL AMENDMENTS 7
amendments 8
Consequential
276. Schedule 2 amends the Acts it mentions. 9
10
149
Corrective Services
SCHEDULE 1 1
¡
INELIGIBILITY OFFENCES 2
section 57(1) 3
Criminal Code 4
Section 62 (Punishment of unlawful assembly) 5
Section 63 (Punishment of riot) 6
Section 75 (Threatening violence) 7
Section 142 (Escape by persons in lawful custody) 8
Section 208 (Unlawful sodomy) 9
Section 209 (Attempted sodomy) 10
Section 210 (Indecent treatment of children under 16) 11
Section 213 (Owner etc. permitting abuse of children on premises) 12
Section 215 (Carnal knowledge of girls under 16) 13
Section 216 (Abuse of intellectually impaired persons) 14
Section 217 (Procuring young person etc. for carnal knowledge) 15
Section 218 (Procuring sexual acts by coercion etc.) 16
Section 222 (Incest) 17
Section 229B (Maintaining a sexual relationship with a child) 18
Section 300 (Unlawful homicide) 19
Section 306 (Attempt to murder) 20
Section 313 (Killing unborn child) 21
Section 315 (Disabling in order to commit indictable offence) 22
Section 316 (Stupefying in order to commit indictable offence) 23
Section 317 (Acts intended to cause grievous bodily harm and other 24
malicious acts) 25
Section 317A (Carrying or sending dangerous goods in a vehicle) 26
150
Corrective Services
SCHEDULE 1 (continued)
Section 318 (Obstructing rescue or escape from unsafe premises) 1
Section 319 (Intentionally endangering safety of persons travelling by 2
railway) 3
Section 319A (Endangering safety of persons travelling by aircraft) 4
Section 320 (Grievous bodily harm) 5
Section 320A (Torture) 6
Section 321 (Attempting to injure by explosive or noxious substances) 7
Section 321A (Bomb hoaxes) 8
Section 322 (Maliciously administering poison with intent to harm) 9
Section 323 (Wounding and similar acts) 10
Section 326 (Endangering life of children by exposure) 11
Section 328A (Dangerous operation of a vehicle) 12
Section 336 (Assault with intent to commit rape) 13
Section 337 (Sexual assault) 14
Section 339 (Assaults occasioning bodily harm) 15
Section 340 (Serious assaults) 16
Section 347 (Rape) 17
Section 349 (Attempt to commit rape) 18
Section 351 (Abduction) 19
Section 354 (Kidnapping) 20
Section 354A (Kidnapping for ransom) 21
Section 409 (Definition of robbery) 22
Section 411(2) (Punishment of robbery) 23
Section 412 (Attempted robbery) 24
Section 419(3)(b) (Burglary) 25
Section 421(2) (Entering or being in premises and committing indictable 26
offences) 27
151
Corrective Services
SCHEDULE 1 (continued)
Criminal Code provisions repealed by Criminal Law Amendment Act 1
1997 2
Section 208 (Unlawful anal intercourse) 3
Section 221 (Conspiracy to defile) 4
Section 222 (Incest by man) 5
Section 318 (Preventing escape from wreck) 6
7
152
Corrective Services
SCHEDULE 2 1
¡
ONSEQUENTIAL AMENDMENTS 2
C
section 276 3
ACTS INTERPRETATION ACT 1957 4
´
1. Section 36-- 5
insert-- 6
` "chief executive (corrective services)" means the chief executive of the 7
department in which the Corrective Services Act 2000 is 8
administered.'. 9
CQUISITION OF LAND ACT 1967 10
´A
1. Schedule, paragraph (a), `1988'-- 11
omit, insert-- 12
`2000'. 13
AIL ACT 1980 14
´B
1. Section 20(5), `general manager'-- 15
omit, insert-- 16
`person in charge'. 17
153
Corrective Services
SCHEDULE 2 (continued)
2. Section 20(6)(c)(i), from `general manager' to `general manager's'-- 1
omit, insert-- 2
`person in charge within the meaning of the Corrective Services Act 3
2000, or the person in charge's'. 4
3. Sections 21(6), 22(1B), (2)(a) and (b), 23(3), 29A(2)(a)(i) and 33B(2), 5
`keeper'-- 6
omit, insert-- 7
`person in charge'. 8
COMMISSIONS OF INQUIRY ACT 1950 9
´
1. Section 5B(1)(a) and (2), `general manager'-- 10
omit, insert-- 11
`person in charge'. 12
2. Section 5B(3), definition "general manager"-- 13
omit, insert-- 14
` "person in charge" see the Corrective Services Act 2000.'. 15
3. Section 5B(3), definition "prisoner", `1988'-- 16
omit, insert-- 17
`2000'. 18
154
Corrective Services
SCHEDULE 2 (continued)
ORONERS ACT 1958 1
´C
1. Section 5, definition "prison", `1988'-- 2
omit, insert-- 3
`2000'. 4
2. Section 38A(3), `gaol'-- 5
omit, insert-- 6
`prison'. 7
RIMINAL CODE 8
´C
1. Sections 145A, `prison'-- 9
omit, insert-- 10
`corrective services facility'. 11
2. Section 145A, `1988'-- 12
omit, insert-- 13
`2000'. 14
3. Section 305(2), from `under'-- 15
omit, insert-- 16
`under exceptional circumstances parole under the Corrective Services 17
Act 2000.'. 18
155
Corrective Services
SCHEDULE 2 (continued)
4. Section 671H(3), `superintendents of prisons'-- 1
omit, insert-- 2
`persons in charge of corrective services facilities'. 3
5. Section 671H(3), `superintendent of every prison'-- 4
omit, insert-- 5
`person in charge of a corrective services facility'. 6
6. Section 671H(3), `in the superintendent's custody'-- 7
omit, insert-- 8
`for whom the person in charge has responsibility'. 9
RIMINAL JUSTICE ACT 1989 10
´C
1. Section 80(3), `1988'-- 11
omit, insert-- 12
`2000'. 13
2. Sections 80(3) and 81(1), (3) and (4), `general manager'-- 14
omit, insert-- 15
`person in charge'. 16
3. Section 81(4), `manager or'-- 17
omit, insert-- 18
`person in charge or'. 19
156
Corrective Services
SCHEDULE 2 (continued)
4. Section 81(5), definition "general manager"-- 1
omit, insert-- 2
` "person in charge" has the meaning given by the Corrective Services Act 3
2000.'. 4
5. Section 81(5), definition "prisoner", `1988'-- 5
omit, insert-- 6
`2000'. 7
CRIMINAL LAW AMENDMENT ACT 1945 8
´
1. Section 18(9A), `1988, section 69'-- 9
omit, insert-- 10
`2000, section 5324'. 11
RIMINAL LAW (REHABILITATION OF 12
´C
OFFENDERS) ACT 1986 13
1. Section 9(2), `1988'-- 14
omit, insert-- 15
`2000'. 16
24 Section 53 (Transfer to another facility or a health institution)
157
Corrective Services
SCHEDULE 2 (continued)
2. Section 9A, table, column 1, item 2, `(Administration) Act 1988'-- 1
omit, insert-- 2
`Act 2000'. 3
3. Section 9A, table, column 1, item 2, `or employee'-- 4
omit. 5
CRIMINAL OFFENCE VICTIMS ACT 1995 6
´
1. Section 15(4)(a), `1988, sections 165 and 166'-- 7
omit, insert-- 8
`2000, chapter 5, part 125'. 9
2. Schedule 3, definition "law enforcement officer", `a corrective 10
services officer'-- 11
omit, insert-- 12
`a corrective services officer under the Corrective Services Act 2000'. 13
CROWN PROCEEDINGS ACT 1980 14
´
1. Section 11(2)(d), `all prisons within the meaning of the Corrective 15
Services Act 1988'-- 16
omit, insert-- 17
25 Chapter 5 (Post-prison community based release), part 1 (Orders)
158
Corrective Services
SCHEDULE 2 (continued)
`all corrective services facilities within the meaning of the Corrective 1
Services Act 2000'. 2
DISTRICT COURT ACT 1967 3
´
1. Section 61(2)(a), `1988, section 92(3)(b);'-- 4
omit, insert-- 5
`2000, section 9226 in which a prisoner wilfully and unlawfully damages 6
or destroys, or attempts to damage or destroy, property that is part of a 7
corrective services facility during a riot or mutiny and the security of the 8
facility is endangered by the act;'. 9
RUGS MISUSE ACT 1986 10
´D
1. Section 4, definition "correctional institution"-- 11
omit, insert-- 12
` "correctional institution" means a corrective services facility under the 13
Corrective Services Act 2000.'. 14
26 Corrective Services Act 2000, section 92 (Unlawful assembly, riot and mutiny)
159
Corrective Services
SCHEDULE 2 (continued)
ELECTORAL ACT 1992 1
´
1. Section 3, definition "institution", paragraph (f), `prison'-- 2
omit, insert-- 3
`corrective services facility'. 4
2. Section 64(4), definition "prisoner", `1988'-- 5
omit, insert-- 6
`2000'. 7
IRE AND RESCUE AUTHORITY ACT 1990 8
´F
1. Section 104B, `1988'-- 9
omit, insert-- 10
`2000'. 11
2. Section 104B, `general manager'-- 12
omit, insert-- 13
`person in charge'. 14
160
Corrective Services
SCHEDULE 2 (continued)
NDUSTRIAL RELATIONS ACT 1999 1
´I
1. Section 525(2), `an officer'-- 2
omit, insert-- 3
`a person'. 4
JURY ACT 1995 5
´
1. Section 4(3)(g)-- 6
omit, insert-- 7
`(g) a corrective services officer;'. 8
2. Schedule 3, definition "correctional officer"-- 9
omit, insert-- 10
` "corrective services officer" means a person who-- 11
(a) is or has been, in Queensland, a corrective services officer under 12
the Corrective Services Act 2000; or 13
(b) has been, in Queensland, a person with functions corresponding 14
to those of a corrective services officer under the Corrective 15
Services Act 2000; or 16
(c) is or has been, under a law of another State, a person with 17
functions corresponding to those of a corrective services officer 18
under the Corrective Services Act 2000.'. 19
161
Corrective Services
SCHEDULE 2 (continued)
USTICES ACT 1886 1
´J
1. Sections 33, 82, 84, 89, 90, 97, 101, 108(1), 113(1), 113A(5), 132(a), 2
163, 167, 231(3), 237(1) and 241, `gaol'-- 3
omit, insert-- 4
`prison'. 5
2. Section 94(1)(e), `gaol'-- 6
omit, insert-- 7
`corrective services facility'. 8
3. Section 94(1)(e), `keeper'-- 9
omit, insert-- 10
`person in charge'. 11
4. Section 102, `gaol'-- 12
omit, insert-- 13
`corrective services facility'. 14
5. Section 102, `keeper'-- 15
omit, insert-- 16
`person in charge'. 17
6. Section 102, `keeper's custody'-- 18
omit, insert-- 19
`custody of the person in charge'. 20
162
Corrective Services
SCHEDULE 2 (continued)
JUVENILE JUSTICE ACT 1992 1
´
1. Section 5, definition "parole"-- 2
omit, insert-- 3
` "parole" means a parole order under the Corrective Services Act 2000.'. 4
2. Section 5, definition "prison", `1988'-- 5
omit, insert-- 6
`2000'. 7
3. Section 48(2)(a), `1988'-- 8
omit, insert-- 9
`2000'. 10
4. Part 5, division 7, subdivision 4, heading-- 11
omit, insert-- 12
`Subdivision 4--Release for life sentences'. 13
5. Section 191B, heading, `parole'-- 14
omit, insert-- 15
`post-prison community based release'. 16
163
Corrective Services
SCHEDULE 2 (continued)
6. Section 191B(1), `1988, part 4,'-- 1
omit, insert-- 2
`2000, chapter 5, part 1,27'. 3
7. Section 200, heading, `1988'-- 4
omit, insert-- 5
`2000'. 6
8. Section 200, `1988, (other than sections 38, 40, 71 and 113 to 121)'-- 7
omit, insert-- 8
`2000'. 9
9. Section 211(5), `1988'-- 10
omit, insert-- 11
`2000'. 12
10. Section 211(6)(a)-- 13
omit, insert-- 14
`(a) is released under an exceptional circumstances parole order under 15
the Corrective Services Act 2000; or'. 16
27 Corrective Services Act 2000, chapter 5 (Post-prison community based release),
part 1 (Orders)
164
Corrective Services
SCHEDULE 2 (continued)
MENTAL HEALTH ACT 1974 1
´
1. Section 5(1), definition "prison", `1988'-- 2
omit, insert-- 3
`2000'. 4
2. Sections 31(2A), (2B) and (4), 39(8) and 43(3), (4)(a), (5A), (6D)(b), 5
and (11), `1988'-- 6
omit, insert-- 7
`2000'. 8
3. Sections 31(2B)(a) and 43(4)(a), `correctional'-- 9
omit, insert-- 10
`corrective services'. 11
4. Section 39(7), `part 4 of the Corrective Services Act 1988'-- 12
omit, insert-- 13
`the Corrective Services Act 2000, chapter 5, part 128'. 14
5. Section 39(8), `community correctional'-- 15
omit, insert-- 16
`corrective services'. 17
28 Chapter 5 (Post-prison community based release), part 1 (Orders)
165
Corrective Services
SCHEDULE 2 (continued)
6. Section 43(11), `part 4'-- 1
omit, insert-- 2
`chapter 5, part 129'. 3
MENTAL HEALTH ACT 2000 4
´
1. Section 543(1)(b), `1988'-- 5
omit, insert-- 6
`2000'. 7
2. Schedule 2, definition "correctional officer"-- 8
omit. 9
3. Schedule 2-- 10
insert-- 11
` "correctional officer" means a corrective services officer under the 12
Corrective Services Act 2000.'. 13
4. Schedule 2, definition "parole", `1988, part 4'-- 14
omit, insert-- 15
`2000, chapter 5, part 130'. 16
29 Chapter 5 (Post-prison community based release), part 1 (Orders)
30 Chapter 5 (Post-prison community based release), part 1 (Orders)
166
Corrective Services
SCHEDULE 2 (continued)
PAROLE ORDERS (TRANSFER) ACT 1984 1
´
1. Section 3, definitions "parole order", paragraph (a), "Queensland 2
Community Corrections Board" and "regional community corrections 3
board", `1988'-- 4
omit, insert-- 5
`2000'. 6
2. Section 10(2)(c) and (3), `1988'-- 7
omit, insert-- 8
`2000'. 9
3. Section 12, `or employee'-- 10
omit, insert-- 11
`under the Corrective Services Act 2000'. 12
ENALTIES AND SENTENCES ACT 1992 13
´P
1. Section 4, definition "re-integration program"-- 14
omit. 15
2. Section 4-- 16
insert-- 17
` "post-prison community based release" see the Corrective Services Act 18
2000. 19
167
Corrective Services
SCHEDULE 2 (continued)
"re-integration program" means a program under the Corrective Services 1
Act 2000 that is designed to assist an offender to re-integrate into the 2
community, and includes leave of absence and post-prison community 3
based release.'. 4
3. Section 4, definitions "community service" and "prison", `1988'-- 5
omit, insert-- 6
`2000'. 7
4. Section 4A(1)(a)(i)-- 8
omit, insert-- 9
`(i) a corrective services officer under the Corrective Services Act 10
2000; or'. 11
5. Section 4A(1)(a)(ii), `section 19(2)(f);'-- 12
omit, insert-- 13
`section 196;31'. 14
6. Section 4A(2)-- 15
omit, insert-- 16
`(2) In this section-- 17
"chief executive (corrective services)" does not include an engaged service 18
provider under the Corrective Services Act 2000.'. 19
31 Section 196 (Engaging service providers)
168
Corrective Services
SCHEDULE 2 (continued)
7. Section 15, `1988, section 201'-- 1
omit, insert-- 2
`2000, section 24532'. 3
8. Sections 128(1) and 129(1), from `authorised commission' to `the 4
commission'-- 5
omit, insert-- 6
`authorised corrective services officer, or a person authorised for this 7
section by the chief executive (corrective services)'. 8
9. Section 156A(1)(b)(ii)-- 9
omit, insert-- 10
`(ii) released on post-prison community based release under the 11
Corrective Services Act 2000; or'. 12
10. Section 156A(1)(b)(iii), `1988'-- 13
omit, insert-- 14
`2000'. 15
11. Section 156A(1)(b)(iv)-- 16
omit. 17
12. Section 157, heading, `parole'-- 18
omit, insert-- 19
`post-prison community based release'. 20
32 Section 245 (Pre-sentence reports)
169
Corrective Services
SCHEDULE 2 (continued)
13. Section 157(1) and(2)-- 1
omit, insert-- 2
`157.(1) In this section-- 3
"non-release period" means the part of a period of imprisonment that an 4
offender must serve before the offender is eligible to apply for a 5
post-prison community based release order under the Corrective 6
Services Act 2000. 7
`(2) If a court imposes a term of imprisonment of more than 2 years on 8
an offender, it may recommend that the offender be eligible for post-prison 9
community based release only after serving a specified part of the term.'. 10
14. Section 157(3), after `for an offence'-- 11
insert-- 12
`, and the offender's period of imprisonment is more than 2 years'. 13
15. Section 157(3)(a), `fresh recommendation for parole'-- 14
omit, insert-- 15
`recommendation for post-prison community based release'. 16
16. Section 157(3)(b), (4)(b), (5)(a) and (6), `non-parole'-- 17
omit, insert-- 18
`non-release'. 19
17. Section 157(4) and (5), `new'-- 20
omit. 21
170
Corrective Services
SCHEDULE 2 (continued)
18. Section 157(7)(a) and (b), from `release' to `section 166(1)(c)'-- 1
omit, insert-- 2
`post-prison community based release under the Corrective Services Act 3
2000.'. 4
19. Sections 161D and 175, `1988'-- 5
omit, insert-- 6
`2000'. 7
20. Schedule, entry about Corrective Services Act 1988-- 8
omit, insert-- 9
`CORRECTIVE SERVICES ACT 2000 10
`1. Section 92(2) 11
2. Section 94(a)'. 12
POLICE POWERS AND RESPONSIBILITIES ACT 13
´
2000 14
1. Section 28(f)(ii), `1988, section 104;'-- 15
omit, insert-- 16
`2000, section 96, 97 or 100;33'. 17
33 Section 96 (Prohibited things)
Section 97 (Removing things from facilities)
Section 100 (Interviewing and photographing prisoners etc.)
171
Corrective Services
SCHEDULE 2 (continued)
2. Section 29(2)(b), `1988'-- 1
omit, insert-- 2
`2000'. 3
3. Section 30(g), `1988, section 104'-- 4
omit, insert-- 5
`2000, section 96, 97 or 100;34'. 6
4. Section 199(2)(b), `1988'-- 7
omit, insert-- 8
`2000'. 9
5. Section 224(3)(a), `1988'-- 10
omit, insert-- 11
`2000'. 12
6. Section 230(1), `1988'-- 13
omit, insert-- 14
`2000'. 15
7. Section 311(2), `general manager of the prison'-- 16
omit, insert-- 17
`person in charge of the corrective services facility'. 18
34 Section 96 (Prohibited things)
Section 97 (Removing things from facilities)
Section 100 (Interviewing and photographing prisoners etc.)
172
Corrective Services
SCHEDULE 2 (continued)
8. Section 311(2)(a) and (b), `prison'-- 1
omit, insert-- 2
`facility'. 3
9. Section 311(3), `correctional officer under the Corrective Services Act 4
1988'-- 5
omit, insert-- 6
`corrective services officer under the Corrective Services Act 2000'. 7
10. Section 397(d), `prison'-- 8
omit, insert-- 9
`corrective services facility'. 10
11. Schedule 1, entry for Corrective Services Act 1988-- 11
omit, insert-- 12
`Corrective Services Act 2000'. 13
12. Schedule 4-- 14
insert-- 15
` "corrective services facility" see the Corrective Services Act 2000, 16
schedule 3.'. 17
13. Schedule 4, definition "prison", `1988, section 10'-- 18
omit, insert-- 19
`2000, schedule 3'. 20
173
Corrective Services
SCHEDULE 2 (continued)
14. Schedule 4, definition "prisoner", `1988, section 10'-- 1
omit, insert-- 2
`2000, schedule 3'. 3
RISONERS (INTERSTATE TRANSFER) ACT 1982 4
´P
1. Section 2, definition "prison officer"-- 5
omit. 6
2. Section 2-- 7
insert-- 8
` "prison officer" means a person who holds an appointment as a 9
corrective services officer under the Corrective Services Act 2000.'. 10
3. Section 2, definition "gaoler", `1988 is the general manager'-- 11
omit, insert-- 12
`2000 is the person in charge'. 13
4. Section 2, definition "Minister", `1988'-- 14
omit, insert-- 15
`2000'. 16
5. Section 2, definition "prison", `1988, section 10'-- 17
omit, insert-- 18
`2000'. 19
174
Corrective Services
SCHEDULE 2 (continued)
6. Section 10, `prison'-- 1
omit, insert-- 2
`corrective services'. 3
UBLIC TRUSTEE ACT 1978 4
´P
1. Section 92(2)(b), `1988'-- 5
omit, insert-- 6
`2000'. 7
STATE BUILDINGS PROTECTIVE SECURITY ACT 8
´
1983 9
1. Section 18(4)(b), `1988, section 117.'-- 10
omit, insert-- 11
`2000, section 231.35'. 12
35 Section 231 (Prisoners in proper officer of the court's custody)
175
Corrective Services
SCHEDULE 2 (continued)
RADING (ALLOWABLE HOURS) ACT 1990 1
´T
1. Section 4, definition "factory", paragraph (h), `prison or prison 2
farm'-- 3
omit, insert-- 4
`corrective services facility'. 5
HISTLEBLOWERS PROTECTION ACT 1994 6
´W
1. Schedule 3, examples under section 26(1)(a), example 3 and 7
examples under section 26(1)(b), example 4, `Corrective Services 8
Commission'-- 9
omit, insert-- 10
`chief executive (corrective services)'. 11
2. Schedule 3, examples under section 26(1)(a), example 3 and 12
examples under section 26(1)(b), example 4, `prison'-- 13
omit, insert-- 14
`corrective services'. 15
3. Schedule 3, examples under section 26(1)(a), example 3, `its staff'-- 16
omit, insert-- 17
`the entity's staff'. 18
176
Corrective Services
SCHEDULE 2 (continued)
4. Schedule 6, definition "public health or safety", example 3, 1
`prison'-- 2
omit, insert-- 3
`corrective services'. 4
5
177
Corrective Services
SCHEDULE 3 1
¡
DICTIONARY 2
section 4 3
"advisory council" means the Corrective Services Advisory Council 4
established under section 225. 5
"appointed member" of the advisory council means a member of the 6
council other than the chief executive. 7
"appointed member" of the Queensland board means a member of the 8
board other than the chief executive. 9
"appropriately qualified", for a person appointed to a position or to 10
whom powers are delegated, includes having the qualifications, 11
experience or standing appropriate-- 12
(a) to perform the functions or exercise the powers of the position; or 13
(b) to exercise the delegated powers. 14
15
Example of `standing'--
16
A person's classification level in the public service.
"approved activity", for a corrective services facility, means an activity 17
approved by the chief executive or person in charge. 18
"approved course", for a corrective services facility, means a course 19
approved by the chief executive or person in charge. 20
"approved form" means a form approved under section 195. 21
"approved program", for a corrective services facility, means a program 22
approved by the chief executive or person in charge. 23
"body search" of a prisoner-- 24
(a) means a search of the prisoner's body; and 25
(b) includes an examination of an orifice or cavity of the prisoner's 26
body. 27
178
Corrective Services
SCHEDULE 3 (continued)
"breach of discipline" means an act or omission prescribed under 1
section 86(1) as a breach of discipline. 2
"chaplain" means a person who holds an appointment as a chaplain under 3
section 217. 4
"CJC" means the Criminal Justice Commission. 5
"commissioner" means the commissioner of the police service. 6
"commission of inquiry" means a commission of inquiry under the 7
Commissions of Inquiry Act 1950. 8
"community based order" means-- 9
(a) a community service order; or 10
(b) a fine option order; or 11
(c) an intensive correction order; or 12
(d) a probation order. 13
"community corrections centre" means a place declared to be a 14
community corrections centre under section 120(1)(a)(i). 15
"community corrective services" means services-- 16
(a) about offenders who are not prisoners; or 17
(b) provided at a community corrective services facility. 18
"community corrective services facility" means-- 19
(a) a community corrections centre; or 20
(b) a WORC site; or 21
(c) a WCC site. 22
"community service" means an activity declared to be community service 23
under section 194(1). 24
"community service leave" see section 58(1)(a). 25
"community service order" means a community service order under the 26
Penalties and Sentences Act 1992. 27
"community service supervisor" see section 194(2). 28
179
Corrective Services
SCHEDULE 3 (continued)
"community work order" see section 56(2). 1
"compassionate leave" see section 58(1)(b). 2
"conditional release order" see section 76(3). 3
"confidential information"-- 4
(a) includes information-- 5
(i) about a person's private details, including for example a 6
person's identity, location or contact details; or 7
(ii) that could reasonably be expected to pose a risk to the 8
security or good order of a corrective services facility; or 9
(iii) that could reasonably be expected to endanger anyone's life 10
or health, including psychological health; or 11
(iv) that could reasonably be expected to prejudice the 12
effectiveness of a test or audit; or 13
(v) that could reasonably be expected to divulge the identity of 14
an informant or a confidential source of information; or 15
(vi) that could reasonably be expected to disclose an expert's 16
advice or recommendation about an offender; or 17
(vii) that could reasonably be expected to prejudice a law 18
enforcement agency's investigation; or 19
(viii)that could have a serious adverse effect on the commercial 20
interests, or reveal commercial-in-confidence interests, of an 21
engaged service provider; but 22
(b) does not include-- 23
(i) information already disclosed to the general public, unless 24
further disclosure of the information is prohibited by law; or 25
(ii) statistical or other information that could not reasonably be 26
expected to result in the identification of the person to whom 27
the information relates. 28
"contact visit" means a personal visit during which there is direct contact 29
between the prisoner and visitor. 30
180
Corrective Services
SCHEDULE 3 (continued)
"corrections board" means-- 1
(a) the Queensland board; or 2
(b) a regional board. 3
"corrective services" means-- 4
(a) community corrective services; and 5
(b) custodial corrective services. 6
"corrective services dog" means a dog certified under section 205 as a 7
corrective services dog. 8
"corrective services dog handler" means a person certified under 9
section 205 as a corrective services dog handler. 10
"corrective services facility" means-- 11
(a) a prison; or 12
(b) a community corrective services facility. 13
"corrective services officer" means a person who holds an appointment as 14
a corrective services officer under section 201. 15
"corresponding chief executive", in relation to a participating State, means 16
the officer responsible for the administration of corrective services in 17
that State. 18
"corresponding interstate leave permit" means a permit corresponding to 19
an interstate leave permit issued under this Act that is issued under a 20
corresponding law. 21
"corresponding law" means a law declared under section 74 to be a 22
corresponding law. 23
"court" includes-- 24
(a) a court exercising appellate jurisdiction; and 25
(b) any justice or justices of the peace examining witnesses in relation 26
to an indictable offence. 27
"court order" includes the order of a tribunal. 28
"crisis support order" see section 42(1). 29
181
Corrective Services
SCHEDULE 3 (continued)
"crisis support unit" means a part of a corrective services facility 1
designated to house, protect and promote the health of prisoners who 2
are identified as intending to harm themselves, including by suicide. 3
"custodial corrective services" means services for prisoners in a prison. 4
"deciding officer" means-- 5
(a) for a minor breach of discipline--a corrective services officer, 6
whether or not the officer is the same officer who decided under 7
section 86(6) to start proceedings; or 8
(b) for a major breach of discipline--the corrective services officer 9
who is notified under section 86(7). 10
"detained" means detained in custody. 11
"discharge" a prisoner means unconditionally release the prisoner from 12
lawful custody. 13
"educational leave" see section 58(1)(c). 14
"engaged service provider" see section 196(1). 15
"escape" includes being unlawfully at large. 16
"exceptional circumstances parole order" means an exceptional 17
circumstances parole order under section 141(1)(c)(i). 18
"fine option order" means a fine option order under the Penalties and 19
Sentences Act 1992. 20
"general clothes" means clothes that are not an inner or outer garment, 21
including for example a dress, shirt, skirt or trousers. 22
"general search" of a person means a search-- 23
(a) to reveal the contents of the person's outer garments, general 24
clothes or hand luggage without touching the person or the 25
luggage; or 26
(b) in which the person may be required to-- 27
(i) open his or her hands or mouth for visual inspection; or 28
(ii) shake his or her hair vigorously. 29
182
Corrective Services
SCHEDULE 3 (continued)
"grievous bodily harm" see Criminal Code, section 1.36 1
"health centre" means a part of a corrective services facility where 2
prisoners are treated and medications are dispensed. 3
"health leave" see section 58(1)(d). 4
"home detention order" means a home detention order under 5
section 141(1)(b). 6
"in" a corrective services facility includes on the facility. 7
"incident" means-- 8
(a) the death (other than by natural causes), or the serious injury, of 9
someone who is-- 10
(i) within a corrective services facility; or 11
(ii) subject to a community based order or post-prison 12
community based release order; and 13
(b) an escape or attempted escape; and 14
(c) a riot or mutiny; and 15
(d) another event that the chief executive considers requires being 16
investigated by inspectors. 17
"inner garment" means a garment worn underneath an outer garment, 18
including for example underwear. 19
"inspector" means a person who holds an appointment as an inspector 20
under section 219. 21
"intensive correction order" means an intensive correction order under the 22
Penalties and Sentences Act 1992. 23
36 The Criminal Code, section 1 states--
` "grievous bodily harm" means--
(a) the loss of a distinct part or an organ of the body; or
(b) serious disfigurement; or
(c) any bodily injury of such a nature that, if left untreated, would endanger or
be likely to endanger life, or cause or be likely to cause permanent injury to
health;
whether or not treatment is or could have been available.'.
183
Corrective Services
SCHEDULE 3 (continued)
"interstate escort" see section 71(1). 1
"interstate leave permit" see section 67(1). 2
"interstate prisoner" means a person who is a prisoner under a 3
corresponding law. 4
"law enforcement agency" means-- 5
(a) the CJC, a commission of inquiry, the Queensland Crime 6
Commission or the police service; or 7
(b) the Australian Federal Police; or 8
(c) a police force or service of another State; or 9
(d) the National Crime Authority; or 10
(e) another entity declared under a regulation to be a law enforcement 11
agency. 12
"leave of absence" means leave granted under section 58(1). 13
"legal visitor" of a prisoner means a visitor of the prisoner who is-- 14
(a) the prisoner's lawyer; or 15
(b) a person authorised in writing by the prisoner's lawyer to act on 16
the lawyer's behalf. 17
"lethal force" means force that is likely to cause death or grievous bodily 18
harm. 19
"mail" includes documents received at or sent from a corrective services 20
facility, including by fax or another apparatus. 21
"major breach of discipline" means a breach of discipline decided under 22
section 86 to be proceeded with as a major breach. 23
"maximum security facility" means a facility for the accommodation of 24
prisoners at a prison that is designed and constructed so that-- 25
(a) prisoners accommodated in the facility are totally separated from 26
all other prisoners at the prison; and 27
(b) some or all of the prisoners accommodated in the facility can, 28
when necessary, be totally separated from all other prisoners 29
184
Corrective Services
SCHEDULE 3 (continued)
accommodated in the facility. 1
"maximum security order" see section 47(1). 2
"medical examination or treatment" includes psychiatric examination or 3
treatment. 4
"minor breach of discipline" means a breach of discipline decided under 5
section 86 to be proceeded with as a minor breach. 6
"non-contact visit" means a personal visit during which there is no direct 7
contact between the prisoner and visitor. 8
"nurse" means a registered nurse under the Nursing Act 1992. 9
"offender" means-- 10
(a) a prisoner; or 11
(b) a person who is subject to-- 12
(i) a community based order; or 13
(ii) a conditional release order; or 14
(iii) a post-prison community based release order. 15
"official misconduct" has the meaning given by the Criminal Justice Act 16
1989, section 31. 17
"official visitor" means a person who holds an appointment as an official 18
visitor under section 211. 19
"outer garment" means an overcoat, jacket, jumper, hat or other item that 20
can be removed without exposing an inner garment. 21
"owner" of a seized thing includes a person who had lawful possession of 22
the thing. 23
"parole order" means a parole order under section 141(1)(c)(ii). 24
"parole period" means the period during which a prisoner is released on 25
parole. 26
"participating State" means a State in which a corresponding law is in 27
force. 28
185
Corrective Services
SCHEDULE 3 (continued)
"period of imprisonment" see the Penalties and Sentences Act 1992, 1
section 4.37 2
"personal search" of a prisoner means a search in which light pressure is 3
momentarily applied to the prisoner over his or her general clothes 4
without direct contact being made with-- 5
(a) the prisoner's genital or anal areas; or 6
(b) for a female prisoner--the prisoner's breasts. 7
"personal visit" means a visit of a prisoner by a personal visitor of the 8
prisoner. 9
"personal visitor" of a prisoner means a visitor of the prisoner who is-- 10
(a) a relative of the prisoner; or 11
(b) a person who has a personal relationship with the prisoner. 12
"person in charge" of a corrective services facility means the person 13
appointed for the facility under section 199. 14
"positive test sample" means a test sample that shows a prisoner has used 15
a substance that is a prohibited thing. 16
"post-prison community based release" means release under a 17
post-prison community based release order. 18
"post-prison community based release order" means-- 19
(a) a release to work order; or 20
(b) a home detention order; or 21
(c) an exceptional circumstances parole order; or 22
(d) a parole order. 23
"prison" means a place declared to be a prison under section 118(1). 24
37 The Penalties and Sentences Act 1992, section 4 states--
` "period of imprisonment" means the unbroken duration of imprisonment that an
offender is to serve for 2 or more terms of imprisonment, whether--
(a) ordered to be served concurrently or cumulatively; or
(b) imposed at the same time or different times;
and includes a term of imprisonment.'.
186
Corrective Services
SCHEDULE 3 (continued)
"prisoner" means-- 1
(a) a person who is in the chief executive's custody, including a 2
person who is subject to a post-prison community based release 3
order; and 4
(b) for chapter 5, part 1--a prisoner admitted to a hospital under the 5
Mental Health Act 1974, section 43.38 6
"prisoner of a court" means a person who is in the custody of a court. 7
"prisoner's mail" means mail sent to, or by, a prisoner. 8
"privileged mail" means mail sent to, or by, a person who is prescribed 9
under a regulation. 10
"privileges" means privileges prescribed under a regulation. 11
"probation order" means a probation order the Penalties and Sentences 12
Act 1992. 13
"prohibited thing" means something prescribed to be a prohibited thing 14
under section 93(1). 15
"proper officer" of a court means-- 16
(a) for the Supreme Court sitting at Brisbane or the Court of 17
Appeal--the sheriff; or 18
(b) for the Supreme Court sitting somewhere else--the person 19
performing the duties of sheriff at the place where the court is 20
sitting; or 21
(c) for the District Court--the registrar of the court; or 22
(d) for a court constituted by a magistrate or justice of the peace--the 23
clerk of the court at the place where the court is sitting. 24
"psychologist" means a psychologist under the Psychologists Act 1977. 25
"Queensland board" means the Queensland Community Corrections 26
Board established under section 156. 27
38 Mental Health Act 1974, section 43 (Admission of prisoners to hospital for
treatment)
187
Corrective Services
SCHEDULE 3 (continued)
"Queensland board's guidelines" means the guidelines made by the 1
Queensland board under section 167(2). 2
"regional board" means a regional community corrections board 3
established under section 170. 4
"released" means released from a corrective services facility subject to the 5
conditions of-- 6
(a) a post-prison community based release order; or 7
(b) a conditional release order. 8
"release to work order" means a release to work order under 9
section 141(1)(a). 10
"repealed Acts" means-- 11
(a) the Corrective Services Act 1988; and 12
(b) the Corrective Services (Administration) Act 1988. 13
"resettlement leave" see section 58(1)(e). 14
"scanning search" means a search of a person by electronic or other 15
means that does not require a person to remove his or her general 16
clothes or to be touched by another person. 17
18
Examples of a scanning search--
19
1. Using a portable electronic apparatus that can be passed over the person.
20
2. Using an electronic apparatus through which the person is required to pass.
21
3. Using a corrective services dog trained to detect the scent of a substance that is
22
a prohibited thing.
"secure custody" means-- 23
(a) a secure facility; or 24
(b) a vehicle being used to transport offenders; or 25
(c) a court. 26
"secure facility" means a prison with a perimeter fence that is designed to 27
stop the escape of a prisoner. 28
"separate confinement" of a prisoner means the segregation of the 29
188
Corrective Services
SCHEDULE 3 (continued)
prisoner from other prisoners. 1
"serious violent offence" means a serious violent offence under the 2
Penalties and Sentences Act 1992. 3
"special need" of an offender means a need the offender has, compared to 4
the general offender population, because of the offender's-- 5
(a) age; or 6
(b) disability; or 7
(c) gender; or 8
(d) race. 9
10
Example of a special need--
11
The culturally specific needs of Aboriginal and Torres Strait Islander
12
offenders.
"special treatment order" see section 38(1). 13
"strip search" means a search in which a prisoner removes all garments 14
during the course of the search, but in which direct contact is not made 15
with the prisoner. 16
"term of imprisonment" see the Penalties and Sentences Act 1992, 17
section 4.39 18
"test sample" means a sample of blood, breath, hair, saliva or urine. 19
"unlawfully at large", in relation to a prisoner, means the prisoner remains 20
in the community after any of the following orders has been suspended 21
or cancelled-- 22
(a) a leave of absence order; 23
(b) an interstate leave permit; 24
39 The Penalties and Sentences Act 1992, section 4 states--
` "term of imprisonment" means the duration of imprisonment imposed for a single
offence, and includes the imprisonment an offender is serving, or is liable to
serve--
(a) for default in payment of a single fine; or
(b) for failing to comply with a single order of a court.'.
189
Corrective Services
SCHEDULE 3 (continued)
(c) a community work order; 1
(d) a conditional release order; 2
(e) a release to work order; 3
(f) a home detention order; 4
(g) a parole order; 5
(h) an exceptional circumstances parole order. 6
"volunteer" see section 224(1). 7
"warrant" includes-- 8
(a) a warrant issued by the chief executive and 9
(b) an order committing a person into custody. 10
11
Example of an order--
12
An order under the Migration Act 1958 (Cwlth).
"WCC program" means a program approved as a WCC program under 13
section 56(1). 14
"WCC site" means a place declared to be a WCC site under 15
section 120(1)(a). 16
"WORC program" means a program approved as a WORC program 17
under section 56(1). 18
"WORC site" means a place declared to be a WORC site under 19
section 120(1)(a). 20
21
© State of Queensland 2000
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