Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Corrective Services Bill 2006
Queensland
Corrective Services Bill 2006
Contents
Page
Chapter 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
5 References to prisoner and corrective services facility . . . . . . . . 25
Chapter 2 Prisoners
Part 1 Custody and admission of prisoners
6 Where a person is to be detained . . . . . . . . . . . . . . . . . . . . . . . . 25
7 When a person is taken to be in the chief executive's custody. . . 26
8 When a person is taken to be in the commissioner's custody . . . 27
9 Authority for admission to corrective services facility . . . . . . . . . . 27
10 Record of prisoner's details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
11 Prisoner to be informed of entitlements and duties . . . . . . . . . . . 28
12 Prisoner security classification . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
13 Reviewing prisoner's security classification . . . . . . . . . . . . . . . . . 29
14 Changing prisoner's security classification. . . . . . . . . . . . . . . . . . 30
15 Notice of decision about prisoner's security classification
following review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
16 Reconsidering decision to change prisoner's security
classification .................................... 30
17 Application of Judicial Review Act 1991 to decisions about
prisoner security classification . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
18 Accommodation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Part 2 Management of prisoners
Division 1 Management of prisoners generally
19 Effect of prisoner's security classification . . . . . . . . . . . . . . . . . . . 32
20 Directions to prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
2
Corrective Services Bill 2006
21 Medical examination or treatment . . . . . . . . . . . . . . . . . . . . . . . . 33
22 Private medical examination or treatment . . . . . . . . . . . . . . . . . . 35
23 Dangerously ill prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
24 Death of prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
25 Registration of birth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
26 Marriage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
27 Change of name. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
28 Carrying on a business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 2 Children accommodated with female prisoners
29 Application for accommodation of child with female prisoner. . . . 39
30 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
31 Removing child from corrective services facility . . . . . . . . . . . . . . 41
32 Search of accommodated child . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 3 Search of prisoners
33 Power to search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
34 Personal search of prisoners leaving particular part of
corrective services facility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
35 Search requiring the removal of clothing of prisoners on chief
executive's direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
36 Search requiring the removal of clothing of prisoners on chief
executive's order--generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
37 Search requiring the removal of clothing on reasonable
suspicion ..................................... 44
38 Requirements for search requiring the removal of clothing . . . . . 44
39 Body search of particular prisoner . . . . . . . . . . . . . . . . . . . . . . . . 45
40 Register of searches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
41 Who may be required to give test sample . . . . . . . . . . . . . . . . . . 46
42 Giving test sample . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
43 Consequences of positive test sample . . . . . . . . . . . . . . . . . . . . . 47
Division 4 Mail, phone calls and other communications
Subdivision 1 Mail
44 Prisoner's ordinary mail at prisoner's own expense . . . . . . . . . . . 48
45 Opening, searching and censoring mail . . . . . . . . . . . . . . . . . . . . 49
46 Seizing and otherwise dealing with mail containing information
about the commission of an offence. . . . . . . . . . . . . . . . . . . . . . . 49
47 Seizing harmful or prohibited things contained in privileged mail 50
48 Seizing ordinary mail and things contained in it . . . . . . . . . . . . . . 50
49 Register of privileged mail searches . . . . . . . . . . . . . . . . . . . . . . 51
3
Corrective Services Bill 2006
Subdivision 2 Phone calls
50 Phone calls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Subdivision 3 Other communications
51 Personal video conferences for approved prisoners. . . . . . . . . . . 52
Subdivision 4 Recording or monitoring prisoner communications
52 Recording or monitoring prisoner communication . . . . . . . . . . . . 53
Division 5 Safety orders
53 Safety order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
54 Consecutive safety orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
55 Review of safety order--doctor or psychologist . . . . . . . . . . . . . . 55
56 Review of safety order--official visitor . . . . . . . . . . . . . . . . . . . . . 56
57 Medical examination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
58 Temporary safety order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
59 Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 6 Maximum security orders
60 Maximum security order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
61 Consecutive maximum security orders. . . . . . . . . . . . . . . . . . . . . 59
62 Other matters about maximum security order . . . . . . . . . . . . . . . 60
63 Review of maximum security order . . . . . . . . . . . . . . . . . . . . . . . 61
64 Medical examination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
65 Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Division 7 Transfer and removal of prisoners
Subdivision 1 Transfer to a work camp
66 Work order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
67 Restriction on eligibility for transfer to work camp . . . . . . . . . . . . 64
Subdivision 2 Other transfer and removal of prisoners
68 Transfer to another corrective services facility or a health
institution ...................................... 65
69 Transfer to court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
70 Removal of prisoner for law enforcement purposes . . . . . . . . . . . 66
Subdivision 3 Reconsidering transfer decision
71 Reconsidering decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Division 8 Leave of absence
Subdivision 1 Chief executive's powers
72 Power to grant leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
73 Compassionate leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
74 Resettlement leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
4
Corrective Services Bill 2006
Subdivision 2 Parole board powers
75 Application for approval of resettlement leave program . . . . . . . . 70
76 Power to approve resettlement leave program for particular
prisoners ......................................... 70
77 Power to approve resettlement leave program for prisoner
serving a life sentence, or serious violent offender . . . . . . . . . . . 71
78 Start of approved resettlement leave program . . . . . . . . . . . . . . . 72
79 Amending, suspending or cancelling approval . . . . . . . . . . . . . . . 72
80 Reconsidering parole board decision . . . . . . . . . . . . . . . . . . . . . . 73
Subdivision 3 Restrictions on granting particular leave
81 Leave for prisoner serving a life sentence, or serious violent
offender ........................................ 74
82 Leave for other particular prisoners . . . . . . . . . . . . . . . . . . . . . . . 74
Subdivision 4 Other provisions about leave of absence
83 Prisoner's expenses while on leave . . . . . . . . . . . . . . . . . . . . . . . 75
84 Prisoner's duties while on leave . . . . . . . . . . . . . . . . . . . . . . . . . . 75
85 Suspending or cancelling order for leave of absence. . . . . . . . . . 75
86 Notice to Queensland board about suspension of order for
resettlement leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
87 Leave of absence is part of period of imprisonment. . . . . . . . . . . 76
88 When leave of absence is not required . . . . . . . . . . . . . . . . . . . . 76
Division 9 Interstate leave of absence
Subdivision 1 Interstate leave permit
89 Interstate leave permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
90 Effect of interstate leave permit . . . . . . . . . . . . . . . . . . . . . . . . . . 77
91 Amending or cancelling permit . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
92 Notice to participating State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
93 Liability for damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Subdivision 2 Corresponding interstate leave permit
94 Effect of corresponding interstate leave permit . . . . . . . . . . . . . . 79
95 Escape of interstate prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Subdivision 3 Corresponding law
96 Corresponding law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Division 10 Conditional release
Subdivision 1 Eligibility for conditional release
97 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Subdivision 2 Conditional release order
98 Making order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
5
Corrective Services Bill 2006
99 Risk to community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
100 Good conduct and industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
101 Refusing conditional release . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Subdivision 3 Amending, suspending or cancelling order
102 Definition for sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
103 Amendment, suspension or cancellation . . . . . . . . . . . . . . . . . . . 83
104 Warrant for prisoner's arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
105 Information notice and changing chief executive's decision . . . . . 84
106 Automatic cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Subdivision 4 Expiry of order
107 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Division 11 Discharge or release
108 Discharge or release . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
109 Effect of remission on discharge day for cumulative sentence . . . 86
110 Discharge within 7 days before discharge day . . . . . . . . . . . . . . . 86
111 Remaining in corrective services facility after discharge day . . . . 87
Division 12 Arrest of prisoners
112 Arresting prisoner unlawfully at large . . . . . . . . . . . . . . . . . . . . . . 88
Chapter 3 Breaches of discipline and offences
Part 1 Breaches of discipline by prisoners
113 Breaches of discipline generally . . . . . . . . . . . . . . . . . . . . . . . . . . 89
114 Breach of discipline constituting an offence . . . . . . . . . . . . . . . . . 90
115 Prisoner not to be punished twice for same act or omission . . . . 90
116 Considering whether breach of discipline committed . . . . . . . . . . 90
117 Further provisions about considering major breach of discipline . 91
118 Consequences of breach of discipline . . . . . . . . . . . . . . . . . . . . . 92
119 Review of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
120 Disciplinary breach register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
121 Separate confinement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Part 2 Offences by prisoners
122 Unlawful assembly, riot and mutiny . . . . . . . . . . . . . . . . . . . . . . . 95
123 Dealing with prohibited thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
124 Other offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Part 3 General offences
125 Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
126 Helping prisoner at large . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
127 Obstructing staff member or proper officer of a court . . . . . . . . . 98
6
Corrective Services Bill 2006
128 Taking prohibited thing into corrective services facility or giving
prohibited thing to prisoner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
129 Removing things from corrective services facility. . . . . . . . . . . . . 99
130 Unlawful entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
131 Killing or injuring corrective services dog . . . . . . . . . . . . . . . . . . . 100
132 Interviewing and photographing prisoner etc. . . . . . . . . . . . . . . . 100
133 Interfering with records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
134 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 102
135 Person near prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
136 Temporary detention for security offence . . . . . . . . . . . . . . . . . . . 103
137 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . 104
Part 4 Seizing property
138 Seizing property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
139 Receipt for seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
140 Forfeiting seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
141 Returning seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
142 Power of court in relation to seized thing . . . . . . . . . . . . . . . . . . . 108
Part 5 Use of force
Division 1 Use of reasonable force
143 Authority to use reasonable force. . . . . . . . . . . . . . . . . . . . . . . . . 108
Division 2 Use of lethal force
144 Training for use of lethal force . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
145 Issue, handling and storage of weapons . . . . . . . . . . . . . . . . . . . 110
146 Use of lethal force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
147 Requirements for use of lethal force. . . . . . . . . . . . . . . . . . . . . . . 111
148 Reporting use of lethal force . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Chapter 4 Corrective services facilities
Part 1 Establishing corrective services facilities
149 Prisons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
150 Prison amenities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
151 Other corrective services facilities . . . . . . . . . . . . . . . . . . . . . . . . 113
Part 2 Visiting corrective services facilities
Division 1 General
152 Warnings to visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
153 Prisoner's entitlement to visits . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
154 Contact during personal visit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
7
Corrective Services Bill 2006
Division 2 Procedure for visits
Subdivision 1 Before visit
155 Access approval required for visitor other than accredited visitor
or staff member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
156 Deciding application for access approval . . . . . . . . . . . . . . . . . . . 116
157 Suspending access approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
158 Monitoring personal visit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
159 Search of visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Subdivision 2 During visit
160 Identification of visitor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
161 Visitor may be directed to leave corrective services facility . . . . . 120
162 Proof of identity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
163 Direction to visitor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Division 3 Further provisions about particular visitors
164 Accredited or government visitor . . . . . . . . . . . . . . . . . . . . . . . . . 121
165 Casual site visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
166 Children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
167 Law enforcement visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
168 Personal visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
169 Professional visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
170 Commercial visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
171 Other visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Part 3 Staff members
172 Staff member interacting with prisoner, etc. . . . . . . . . . . . . . . . . . 124
173 Search of staff member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Part 4 Searching corrective services facilities and vehicles
174 Power to search corrective services facility . . . . . . . . . . . . . . . . . 125
175 Power to search vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
Chapter 5 Parole
Part 1 Parole orders
Division 1 Application for parole order
Subdivision 1 Exceptional circumstances parole order
176 Applying for an exceptional circumstances parole order . . . . . . . 125
177 When exceptional circumstances parole order may start. . . . . . . 126
Subdivision 2 Other parole order
178 Definition for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
179 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
8
Corrective Services Bill 2006
180 Applying for parole order etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
181 Parole eligibility date for prisoner serving period of
imprisonment for life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
182 Parole eligibility date for serious violent offender . . . . . . . . . . . . . 128
183 Parole eligibility date for prisoner detained for a period directed
by a judge under Criminal Law Amendment Act 1945, pt 3 . . . . . 129
184 Parole eligibility date for other prisoners . . . . . . . . . . . . . . . . . . . 129
185 Parole eligibility date for prisoner serving terms of
imprisonment in particular circumstances . . . . . . . . . . . . . . . . . . 130
Division 2 Hearing and deciding application for parole order
Subdivision 1 Preliminary
186 Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Subdivision 2 Procedure
187 Which parole board may hear and decide application . . . . . . . . . 132
188 Submission from eligible person . . . . . . . . . . . . . . . . . . . . . . . . . 133
189 Appearing before parole board. . . . . . . . . . . . . . . . . . . . . . . . . . . 133
190 Applying for leave to appear before parole board. . . . . . . . . . . . . 134
191 When application for parole order lapses . . . . . . . . . . . . . . . . . . . 135
192 Parole board not bound by sentencing court's recommendation
or parole eligibility date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
193 Decision of parole board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
194 Types of parole orders granted by parole board. . . . . . . . . . . . . . 136
Subdivision 3 Review of regional board's refusal
195 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
196 Prisoner may apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
197 Material to be given to Queensland board . . . . . . . . . . . . . . . . . . 137
198 Queensland board's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
Division 3 Court ordered parole order
199 Court ordered parole order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
Division 4 Conditions of parole
200 Conditions of parole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
Division 5 Amending, suspending or cancelling parole order
Subdivision 1 Chief executive powers
201 Amendment or suspension. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
202 Warrant for prisoner's arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
203 Cancelling amendment or suspension order and withdrawing
warrant ......................................... 141
9
Corrective Services Bill 2006
Subdivision 2 Parole board powers
204 Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
205 Amendment, suspension or cancellation . . . . . . . . . . . . . . . . . . . 142
206 Warrant for prisoner's arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
207 Application for grant of parole after court ordered parole order
cancelled ......................................... 143
208 Reconsidering decision to suspend or cancel parole order . . . . . 144
Subdivision 3 Automatic cancellation
209 Automatic cancellation of order by further imprisonment . . . . . . . 144
210 Warrant for prisoner's arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
Subdivision 4 Effect of cancellation
211 Effect of cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
Division 6 Other provisions about parole orders
212 Travelling interstate while released on parole. . . . . . . . . . . . . . . . 147
213 Travelling overseas while released on parole . . . . . . . . . . . . . . . . 147
214 Prisoner released on parole taken to be still serving sentence . . 148
215 Expiry of parole order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Part 2 Parole boards
Division 1 Queensland board
216 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
217 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
218 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
219 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . 149
220 Term of member's appointment . . . . . . . . . . . . . . . . . . . . . . . . . . 150
221 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
222 Vacation of member's office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
223 Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
224 Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
225 Attendance of staff member at meetings . . . . . . . . . . . . . . . . . . . 151
226 Attendance of board member at regional board meetings . . . . . . 151
227 Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
228 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
229 Special report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
Division 2 Regional boards
230 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
231 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
232 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
10
Corrective Services Bill 2006
233 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . 154
234 Term of member's appointment . . . . . . . . . . . . . . . . . . . . . . . . . . 155
235 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
236 Vacation of member's office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
237 Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
238 Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
239 Attendance of staff member at meetings . . . . . . . . . . . . . . . . . . 157
240 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
Division 3 Parole board powers
241 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
242 Power to require attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
Part 3 General
243 Legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
244 Corrective services officer subject to direction of parole board . . 159
245 Chief executive must prepare and give report to parole board. . . 159
246 Invalidity of parole board's acts, proceedings or decisions. . . . . . 159
247 Authentication of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
Chapter 6 Administration
Part 1 Grant of financial assistance
Division 1 Application for grant
248 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
249 No entitlement to financial assistance . . . . . . . . . . . . . . . . . . . . . 160
250 Approval of grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
251 Who may receive approval for one-off financial assistance . . . . . 161
Division 2 Conditions of grant
Subdivision 1 Agreement
252 No financial assistance without agreement . . . . . . . . . . . . . . . . . 161
253 What financial assistance agreement is to contain . . . . . . . . . . . 162
254 Chief executive's powers not limited by agreement . . . . . . . . . . . 163
Subdivision 2 Insurance and prescribed requirements
255 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
256 Prescribed requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
257 Grantee must comply with prescribed requirements . . . . . . . . . . 164
Subdivision 3 Monitoring compliance with conditions
258 Chief executive's examination of records . . . . . . . . . . . . . . . . . . . 165
11
Corrective Services Bill 2006
Subdivision 4 Noncompliance with conditions and prescribed
requirements
259 Chief executive's powers if suspicion that condition not
complied with .................................... 165
260 Chief executive may ask grantee to provide explanation . . . . . . . 165
261 Chief executive may suspend further payments. . . . . . . . . . . . . . 165
262 Compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
Part 2 Chief executive
263 Functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
264 Administrative directions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
265 Administrative procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
266 Programs and services to help offenders . . . . . . . . . . . . . . . . . . . 169
267 Monitoring devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
268 Declaration of emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
269 Commissioner to provide police to help chief executive . . . . . . . . 170
270 Community service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
271 Delegation of functions of chief executive . . . . . . . . . . . . . . . . . . 171
Part 3 Engaged service providers
272 Engaging service provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
273 Acts applying to engaged service provider. . . . . . . . . . . . . . . . . . 173
274 Review of engaged service provider's performance. . . . . . . . . . . 174
Part 4 Corrective services officers
275 Appointing corrective services officers . . . . . . . . . . . . . . . . . . . . . 174
276 Powers of corrective services officer . . . . . . . . . . . . . . . . . . . . . . 174
277 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
278 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 175
279 Corrective services dog . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
280 Use of corrective services dog . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
281 Corrective services dog may accompany corrective services
officer ......................................... 176
282 Application of local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
Part 5 Doctors
283 Appointment of doctor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
284 Doctor's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
Part 6 Official visitors
285 Appointing official visitor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
286 Assigning official visitor to corrective services facility. . . . . . . . . . 178
287 Remuneration, allowances and expenses . . . . . . . . . . . . . . . . . . 178
12
Corrective Services Bill 2006
288 Terminating appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
289 Prisoner's request to see official visitor . . . . . . . . . . . . . . . . . . . . 179
290 Official visitor's function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
291 Official visitor powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
292 Official visitor reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
Part 7 Elders, respected persons and spiritual healers
293 Appointing elders, respected persons and spiritual healers. . . . . 182
Part 8 Inspectors
Division 1 Appointment
294 Appointing inspectors generally . . . . . . . . . . . . . . . . . . . . . . . . . . 182
295 Appointing inspectors for an incident . . . . . . . . . . . . . . . . . . . . . . 182
296 Appointing chief inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
297 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 183
298 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
299 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 184
300 When inspector ceases to hold office. . . . . . . . . . . . . . . . . . . . . . 184
301 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
302 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
Division 2 Powers
303 Inspector's powers generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
304 Inspector's power to require information. . . . . . . . . . . . . . . . . . . . 186
305 Inspectors' reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
Part 9 Volunteers
306 Authorising volunteer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
Part 10 Prisoners of a court
307 Prisoner in proper officer of a court's custody . . . . . . . . . . . . . . . 187
308 Powers of proper officer of a court . . . . . . . . . . . . . . . . . . . . . . . . 187
309 Delegation of powers of proper officer of a court . . . . . . . . . . . . . 188
310 Court cells . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
Part 11 Property
Division 1 Prisoner's money
311 Prisoners trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
312 Trust account records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
313 Payments to prisoner's account . . . . . . . . . . . . . . . . . . . . . . . . . . 190
314 Deductions from prisoner's account . . . . . . . . . . . . . . . . . . . . . . . 190
315 Investment of prisoners trust fund . . . . . . . . . . . . . . . . . . . . . . . . 191
316 Remuneration for prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
13
Corrective Services Bill 2006
Division 2 Other property of prisoner
317 Bringing property into corrective services facility . . . . . . . . . . . . . 191
318 Dealing with property if prisoner escapes . . . . . . . . . . . . . . . . . . 192
Part 12 Compensation
319 Compensation for lost or damaged property . . . . . . . . . . . . . . . . 192
Part 13 Information
Division 1 Releasing information to eligible persons
320 Eligible persons register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
321 Declaration must be signed by applicant or nominee. . . . . . . . . . 194
322 Application by child. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
323 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
324 Removing details from eligible persons register. . . . . . . . . . . . . . 195
325 Releasing information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
Division 2 Criminal history of relevant person
Subdivision 1 Preliminary
326 Purpose of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
327 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
328 Relationship with Criminal Law (Rehabilitation of Offenders)
Act 1986 ........................................ 198
329 Chief executive must advise of duties of disclosure etc. . . . . . . . 198
Subdivision 2 Disclosure of criminal history
330 Person seeking to be a relevant person must disclose
criminal history ................................... 198
331 Relevant person must disclose changes in criminal history . . . . . 198
332 Requirements for disclosure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
333 False, misleading or incomplete disclosure or failure to disclose . 199
Subdivision 3 Chief executive may obtain criminal information from other
entities about criminal history and particular investigations
334 Chief executive may obtain report from commissioner of police
service ...................................... 200
335 Prosecuting authority to notify chief executive about committal,
conviction etc. ................................... 201
Subdivision 4 Control on use of information about criminal history and
particular investigations
336 Use of information obtained under this division . . . . . . . . . . . . . . 203
337 Person to be advised of information obtained . . . . . . . . . . . . . . . 204
338 Reconsidering decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
339 Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
340 Guidelines for dealing with information. . . . . . . . . . . . . . . . . . . . . 205
14
Corrective Services Bill 2006
Division 3 Other provisions about information
341 Confidential information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
342 Commissioner to provide offender's criminal history . . . . . . . . . . 208
343 Traffic history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
344 Pre-sentence report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
Part 14 Surrender of equipment and identity card
345 Staff members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
Part 15 Legal provisions
346 Royal prerogative of mercy etc. not affected . . . . . . . . . . . . . . . . 211
347 Interpretation of authority for admission to corrective services
facility ......................................... 211
348 Execution of warrant by corrective services officer . . . . . . . . . . . 212
349 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
350 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
351 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
Part 16 Miscellaneous
352 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
353 Exemption from tolls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
354 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
355 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
Chapter 7 Transitional and other provisions for Corrective Services
Act 2006
Part 1 Preliminary
356 Definitions for ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
357 Continued actions or things to be read with necessary changes . 216
Part 2 Prisoners and other persons in custody
Division 1 Custody and admission
358 Where persons to be detained . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
359 When persons in chief executive's custody . . . . . . . . . . . . . . . . . 217
360 When persons in commissioner's custody . . . . . . . . . . . . . . . . . . 217
361 Authority for admission to corrective services facility . . . . . . . . . . 217
362 Continuation of record for identifying prisoners . . . . . . . . . . . . . . 218
363 Prisoner classifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
364 Asking chief executive to reconsider decision about classification 219
Division 2 Management of prisoners
365 Direction given before commencement . . . . . . . . . . . . . . . . . . . . 219
366 Order or direction for medical examination or treatment . . . . . . . 220
15
Corrective Services Bill 2006
367 Authorisation for medical examination or treatment . . . . . . . . . . . 220
368 Application or approval for private medical examination or
treatment ....................................... 220
369 Previous notice about lodging notice of intention to marry and
approval and decision about marriage . . . . . . . . . . . . . . . . . . . . . 221
370 Previous notice about change of name . . . . . . . . . . . . . . . . . . . . 221
371 Carrying on a business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
Division 3 Children accommodated with female prisoners
372 Application or approval for accommodation of child with prisoner 222
373 Reviewing decisions about children . . . . . . . . . . . . . . . . . . . . . . . 222
374 Existing application for review of decision about accommodation
of child with prisoner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
Division 4 Search of prisoners
375 Existing order for personal searching whenever prisoner leaves
part of secure facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
376 Existing direction or order for strip searching of prisoner . . . . . . . 223
377 Continuation of register of searches. . . . . . . . . . . . . . . . . . . . . . . 223
378 Test samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
379 Requirement for test sample before commencement but test
sample not given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
Division 5 Mail and phone calls
380 Phone calls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
Division 6 Special treatment orders and crisis support orders
381 Special treatment order and crisis support order . . . . . . . . . . . . . 225
382 Review of special treatment order . . . . . . . . . . . . . . . . . . . . . . . . 225
383 Review of crisis support order . . . . . . . . . . . . . . . . . . . . . . . . . . . 225
384 Continuation of records about special treatment orders and
crisis support orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
Division 7 Maximum security orders
385 Maximum security order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
386 Medical examination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
387 Review of maximum security order . . . . . . . . . . . . . . . . . . . . . . . 227
388 Continuation of record about maximum security orders . . . . . . . . 227
Division 8 Transfer and removal of prisoners
389 Transfer to another corrective services facility or health institution 227
390 Transfer to court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
391 Removal of prisoner for law enforcement purposes . . . . . . . . . . . 228
392 WORC and WCC programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
16
Corrective Services Bill 2006
Division 9 Leave of absence
393 Existing order for leave other than resettlement leave . . . . . . . . . 229
394 Existing order for resettlement leave . . . . . . . . . . . . . . . . . . . . . . 229
395 Existing authority for prisoner's expenses while on leave . . . . . . 230
396 Existing suspension of order for leave and requirement to return
to corrective services facility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
Division 10 Interstate leave of absence
397 Existing interstate leave permit . . . . . . . . . . . . . . . . . . . . . . . . . . 230
398 Existing warrant for return of interstate prisoner . . . . . . . . . . . . . 230
399 Liability for damage because of interstate leave permit . . . . . . . . 231
Division 11 Remission and conditional release
Subdivision 1 Remission
400 Existing grant of remission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
401 Eligibility for remission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
402 Court order for remaking decision about remission . . . . . . . . . . . 232
Subdivision 2 Conditional release
403 Existing conditional release order . . . . . . . . . . . . . . . . . . . . . . . . 232
404 Notice about considering to refuse to make conditional release
order ........................................... 233
Division 12 Arrest of prisoners
405 Existing warrant for prisoner unlawfully at large . . . . . . . . . . . . . . 233
Part 3 Breaches and offences
Division 1 Breaches of discipline by prisoners
406 Act or omission that is a breach of discipline before
commencement .................................. 234
407 Existing order for separate confinement. . . . . . . . . . . . . . . . . . . . 235
408 Review of decision about breach of discipline . . . . . . . . . . . . . . . 235
409 Continuation of disciplinary breach register . . . . . . . . . . . . . . . . . 235
Division 2 Seizing property
410 Dealing with seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
411 Forfeiting seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
412 Review of decision to forfeit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
Division 3 Use of lethal force
413 Continuation of authorisation for issue, handling and storage of
weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
414 Continuation of record of use of lethal force. . . . . . . . . . . . . . . . . 237
17
Corrective Services Bill 2006
Part 4 Corrective services facilities
Division 1 Existing corrective services facilities
415 Prisons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
416 Community corrections centres . . . . . . . . . . . . . . . . . . . . . . . . . . 238
417 WORC sites and WCC sites. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
Division 2 Visiting corrective services facilities
418 Approval for personal visit to be a contact visit . . . . . . . . . . . . . . 239
419 Existing application for approval to access corrective services
facility .......................................... 239
420 Approval to access corrective services facility . . . . . . . . . . . . . . . 239
421 Existing entitlement to apply for review of refusal for access
approval ........................................ 239
422 Proof of identity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
423 Existing suspension of approval to access corrective services
facility .......................................... 240
424 Existing entitlement to apply for review of suspension of
approval to access corrective services facility . . . . . . . . . . . . . . . 240
425 Monitoring personal visits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
Part 5 Parole
Division 1 Existing post-prison community based release orders
426 Post-prison community based release order . . . . . . . . . . . . . . . . 240
427 Eligibility for post-prison community based release order . . . . . . 241
428 Application for post-prison community based release order. . . . . 241
429 Existing authority for prisoner's expenses while on parole . . . . . . 242
430 Travelling interstate or overseas while on parole . . . . . . . . . . . . . 242
431 Suspension of parole order by chief executive . . . . . . . . . . . . . . . 242
432 Reviewing existing regional board's decision to refuse
application .................................... 243
Division 2 Existing community corrections boards
Subdivision 1 Queensland Community Corrections Board
433 Queensland Community Corrections Board . . . . . . . . . . . . . . . . . 243
434 Secretary of Queensland Community Corrections Board . . . . . . 244
435 Existing guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
436 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
Subdivision 2 Regional community corrections boards
437 Existing regional boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
438 Continuation of member's appointment . . . . . . . . . . . . . . . . . . . . 245
439 Secretary of existing regional board. . . . . . . . . . . . . . . . . . . . . . . 246
18
Corrective Services Bill 2006
440 Annual report of existing regional board. . . . . . . . . . . . . . . . . . . . 246
Subdivision 3 Powers of corrections boards
441 Powers of corrections board to require attendance . . . . . . . . . . . 246
Part 6 Administration
Division 1 Chief executive
442 Functions and powers of chief executive . . . . . . . . . . . . . . . . . . . 247
443 Existing administrative policies and procedures. . . . . . . . . . . . . . 247
444 Existing services and programs . . . . . . . . . . . . . . . . . . . . . . . . . . 248
445 Monitoring devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
446 Declaration of emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
447 Commissioner to provide police . . . . . . . . . . . . . . . . . . . . . . . . . . 248
Division 2 Engaged service providers
448 Existing authorisation for engaged service provider. . . . . . . . . . . 249
449 Review of engaged service provider's performance. . . . . . . . . . . 249
Division 3 Continuing appointments
450 General provision about appointments or authorisations
continued under div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
451 Corrective services officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
452 Corrective services dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
453 Doctors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
454 Official visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
455 Elders, respected persons and indigenous spiritual healers . . . . 250
456 Inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
457 Inspector's reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
458 Volunteers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
459 Prisoner in proper officer of the court's custody . . . . . . . . . . . . . . 251
Division 4 Property
460 Prisoners trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
461 Trust account records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
462 Investment of prisoners trust fund . . . . . . . . . . . . . . . . . . . . . . . . 252
463 Remuneration of prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
Division 5 Compensation
464 Compensation for loss or damage to property . . . . . . . . . . . . . . . 253
Division 6 Information
465 Concerned persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
466 Commissioner to provide criminal history. . . . . . . . . . . . . . . . . . . 253
467 Traffic history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
19
Corrective Services Bill 2006
Division 7 Legal provisions
468 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
Part 7 Other transitional provisions
469 References in Acts or documents. . . . . . . . . . . . . . . . . . . . . . . . . 255
470 Authorities and actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
471 Corrective Services Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
472 Previous expectations of prisoner . . . . . . . . . . . . . . . . . . . . . . . . 257
473 All release to be dealt with under this Act . . . . . . . . . . . . . . . . . . 259
Part 8 Declaration and validation provisions
474 Declaration and validation about particular warrants issued
under Penalties and Sentences Act 1992 . . . . . . . . . . . . . . . . . . 260
475 Declaration about prisoner for 2000 Act, ch 5, pt 1 . . . . . . . . . . . 261
Part 9 Saving, transitional and validating provisions for Corrective
Services Act 2000
476 Purpose of pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
477 Provisions for sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
Chapter 8 Repeal and amendment of other Acts
Part 1 Repeal
478 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
Part 2 Amendment of other Acts
Division 1 Penalties and Sentences Act 1992
479 Act amended in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
480 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 263
481 Amendment of s 4A (Meaning of authorised corrective services
officer) ......................................... 263
482 Amendment of s 15 (Information on sentence) . . . . . . . . . . . . . . 263
483 Amendment of s 63 (No liability if warrant executed in good faith
and without negligence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
484 Amendment of s 113 (Effect of order) . . . . . . . . . . . . . . . . . . . . . 264
485 Omission of s 151 (Application of remission provisions to
suspended sentences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
486 Replacement of s 151A (Re-integration programs for
suspended sentences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
151A Conditional release and parole for suspended
sentences .............................. 264
487 Amendment of pt 9 (Imprisonment) . . . . . . . . . . . . . . . . . . . . . . . 264
488 Insertion of new s 152A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
152A Proper officer to give chief executive (corrective
services) record of order of imprisonment . . . . . . . . . 265
20
Corrective Services Bill 2006
489 Amendment of s 156A (Cumulative order of imprisonment must
be made in particular circumstances) . . . . . . . . . . . . . . . . . . . . . 265
490 Omission of s 157 (Eligibility for post-prison community based
release) ........................................ 266
491 Amendment of s 160 (Term of imprisonment if none prescribed) 266
492 Amendment of s 161 (Time held in presentence custody to be
deducted) ....................................... 266
493 Insertion of new pt 9, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
Division 3 Parole
160 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
160A Application of ss 160B160D . . . . . . . . . . . . . . . . . . . 267
160B Sentence of 3 years or less and not a serious violent
offence or sexual offence . . . . . . . . . . . . . . . . . . . . . . 268
160C Sentence of more than 3 years and not a serious
violent offence or sexual offence . . . . . . . . . . . . . . . . 268
160D Sentence for a serious violent offence or sexual
offence ............................... 268
160E Automatic cancellation of parole release or eligibility
dates .................................. 269
160F Significance of an offender's period of imprisonment. 270
160G Parole release date may be last day of sentence. . . . 270
160H Series of sentences involving terms of imprisonment 270
494 Omission of s 161D (Sentence for serious violent offence
cannot be remitted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271
495 Replacement of ss 174 and 175. . . . . . . . . . . . . . . . . . . . . . . . . . 271
174 Resettlement leave and parole for offenders . . . . . . . 271
496 Amendment of s 179 (Hearings--offender to be present) . . . . . . 272
497 Amendment of s 186 (Reduction of imprisonment) . . . . . . . . . . . 272
498 Amendment of s 188 (Court may reopen sentencing
proceedings) ................................... 272
499 Amendment of s 212 (Transitionals for the 2004
amendments--approved forms and serious violent offences) . . . 273
500 Insertion of new ss 213 and 214 . . . . . . . . . . . . . . . . . . . . . . . . . 273
213 Transitional provision for s 157 (Eligibility for
post-prison community based release) . . . . . . . . . . . 273
214 Transitional provision for pt 9, div 3 . . . . . . . . . . . . . . 274
501 Amendment of schedule (Serious violent offences) . . . . . . . . . . . 275
Division 2 Police Powers and Responsibilities Act 2000
502 Act amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
503 Amendment of s 28 (Prescribed circumstances for searching
persons without warrant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
21
Corrective Services Bill 2006
504 Amendment of s 29 (Searching vehicles without warrant) . . . . . . 276
505 Amendment of s 30 (Prescribed circumstances for searching
vehicle without warrant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276
506 Amendment of s 198 (Arrest without warrant) . . . . . . . . . . . . . . . 276
507 Amendment of s 224 (Duty of police officer after arrest etc. of
person) ......................................... 277
508 Amendment of s 230 (Application for removal of person from
lawful custody) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
509 Amendment of s 233 (What removal order must state) . . . . . . . . 277
510 Amendment of s 315 (Taking DNA sample from transferred
prisoner) ........................................ 277
511 Insertion of new s 448A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
448A Helping during declaration of emergency under
Corrective Services Act 2006 . . . . . . . . . . . . . . . . . . . 278
512 Amendment of sch 1 (Acts not affected by this Act). . . . . . . . . . . 278
513 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 278
Division 3 Minor and consequential amendments of other Acts
514 Acts amended in sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279
Schedule 1 Sexual offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
Schedule 2 Continuing provisions of Corrective Services Act 2000 . . . . 284
Schedule 3 Minor and consequential amendments of other Acts . . . . . . 289
Acquisition of Land Act 1967 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
Acts Interpretation Act 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
Bail Act 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
Births, Deaths and Marriages Registration Act 2003 . . . . . . . . . . 291
Building Act 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291
Child Protection (Offender Reporting) Act 2004. . . . . . . . . . . . . . 292
Commission for Children and Young People and Child
Guardian Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293
Commissions of Inquiry Act 1950. . . . . . . . . . . . . . . . . . . . . . . . . 294
Coroners Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
Criminal Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295
Criminal Law Amendment Act 1945 . . . . . . . . . . . . . . . . . . . . . . . 296
Criminal Law (Rehabilitation of Offenders) Act 1986 . . . . . . . . . . 299
Criminal Offence Victims Act 1995 . . . . . . . . . . . . . . . . . . . . . . . . 299
Crown Proceedings Act 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
Dangerous Prisoners (Sexual Offenders) Act 2003 . . . . . . . . . . . 300
District Court of Queensland Act 1967. . . . . . . . . . . . . . . . . . . . . 301
Drug Rehabilitation (Court Diversion) Act 2000 . . . . . . . . . . . . . . 301
22
Corrective Services Bill 2006
Drugs Misuse Act 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303
Electoral Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303
Fire and Rescue Service Act 1990. . . . . . . . . . . . . . . . . . . . . . . . 304
Freedom of Information Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 304
Industrial Relations Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305
Jury Act 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305
Justices Act 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
Juvenile Justice Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307
Mental Health Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307
Ombudsman Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308
Parliament of Queensland Act 2001. . . . . . . . . . . . . . . . . . . . . . . 309
Parole Orders (Transfer) Act 1984 . . . . . . . . . . . . . . . . . . . . . . . . 309
Police Service Administration Act 1990 . . . . . . . . . . . . . . . . . . . . 311
Prisoners (Interstate Transfer) Act 1982. . . . . . . . . . . . . . . . . . . . 311
Public Trustee Act 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314
State Buildings Protective Security Act 1983 . . . . . . . . . . . . . . . . 314
State Penalties Enforcement Act 1999 . . . . . . . . . . . . . . . . . . . . . 314
Terrorism (Preventative Detention) Act 2005 . . . . . . . . . . . . . . . . 315
Tobacco and Other Smoking Products Act 1998 . . . . . . . . . . . . . 316
Schedule 4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317
2006
A Bill
for
An Act to provide for corrective services, and for other
purposes
s1 24 s3
Corrective Services Bill 2006
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
1 Short title 3
This Act may be cited as the Corrective Services Act 2006. 4
2 Commencement 5
(1) Chapter 7, part 8 commences on the date of assent. 6
(2) The remaining provisions of this Act commence on a day to 7
be fixed by proclamation. 8
3 Purpose 9
(1) The purpose of corrective services is community safety and 10
crime prevention through the humane containment, 11
supervision and rehabilitation of offenders. 12
(2) This Act recognises that every member of society has certain 13
basic human entitlements, and that, for this reason, an 14
offender's entitlements, other than those that are necessarily 15
diminished because of imprisonment or another court 16
sentence, should be safeguarded. 17
(3) This Act also recognises-- 18
(a) the need to respect an offender's dignity; and 19
(b) the special needs of some offenders by taking into 20
account-- 21
(i) an offender's age, sex or cultural background; and 22
(ii) any disability an offender has. 23
s4 25 s6
Corrective Services Bill 2006
4 Definitions 1
The dictionary in schedule 4 defines particular words used in 2
this Act. 3
5 References to prisoner and corrective services facility 4
In a provision of this Act about a prisoner, a reference to a 5
corrective services facility is a reference to the corrective 6
services facility in which the prisoner is detained. 7
Chapter 2 Prisoners 8
Part 1 Custody and admission of 9
prisoners 10
6 Where a person is to be detained 11
(1) A person sentenced to a period of imprisonment, or required 12
by law to be detained for a period, must be detained for the 13
period in a corrective services facility. 14
(2) However-- 15
(a) if the period is 21 days or less--the person may be 16
detained in a watch-house for part or all of the period; or 17
(b) if the period is more than 21 days--the person may be 18
detained in a watch-house until the person can be 19
conveniently taken to a corrective services facility. 20
(3) This section applies subject to-- 21
(a) the provisions of this Act that allow a prisoner to be 22
lawfully outside a corrective services facility; and 23
(b) the Criminal Code; and 24
(c) the Juvenile Justice Act 1992; and 25
(d) the Mental Health Act 2000; and 26
s7 26 s7
Corrective Services Bill 2006
(e) the Parliament of Queensland Act 2001, section 1
40(4)(a). 2
3
Note--
4
The Parliament of Queensland Act 2001, section 40 deals with
5
proceedings for punishment by the Legislative Assembly for
6
contempt.
7 When a person is taken to be in the chief executive's 7
custody 8
(1) If a person sentenced to a period of imprisonment or required 9
by law to be detained for a period is, while being taken to a 10
corrective services facility for detention, under the control of a 11
corrective services officer, the person is taken to be in the 12
chief executive's custody. 13
(2) When admitted to a corrective services facility for detention, a 14
person is taken to be in the chief executive's custody. 15
(3) Subsections (1) and (2) apply despite the provisions of a 16
warrant committing the person into someone else's custody. 17
(4) Except for any time when the person is lawfully in another 18
person's custody, the person remains in the chief executive's 19
custody until discharged, even if the person is lawfully 20
outside a corrective services facility. 21
22
Examples of when a person is lawfully outside a corrective services
23
facility--
24
· while the person is released on parole
25
· while the person is being transferred between corrective services
26
facilities or is attending court
27
· while the person is on health leave
(5) In a warrant committing a person to a corrective services 28
facility, or requiring a prisoner to be produced to the keeper or 29
officer in charge of a corrective services facility, a reference 30
to the keeper or officer in charge of the facility is a reference 31
to the chief executive. 32
(6) The chief executive is taken to have custody of a person even 33
if the person is in the physical custody of, or being supervised 34
by, an engaged service provider. 35
s8 27 s9
Corrective Services Bill 2006
8 When a person is taken to be in the commissioner's 1
custody 2
(1) If a person sentenced to a period of imprisonment or required 3
by law to be detained for a period is, while being taken to a 4
corrective services facility for detention, under the control of 5
a police officer, the person is taken to be in the 6
commissioner's custody. 7
(2) When admitted to a watch-house for detention, a person is 8
taken to be in the commissioner's custody, even if the person 9
is lawfully outside the watch-house, until the person-- 10
(a) is discharged; or 11
(b) is lawfully given into another person's custody. 12
(3) Subsections (1) and (2) apply despite the provisions of a 13
warrant, record or order committing the person into someone 14
else's custody. 15
9 Authority for admission to corrective services facility 16
(1) A person (the detainee) must not be admitted to and detained 17
in a corrective services facility unless the person responsible 18
for admitting prisoners at the facility is given-- 19
(a) a warrant for the detainee's detention; or 20
(b) a verdict and judgment record under the Criminal 21
Practice Rules 1999 containing the name of the detainee 22
and particulars of the judgment pronounced on the 23
detainee; or 24
(c) a record, under the Penalties and Sentences Act 1992, of 25
the order committing the detainee into custody. 26
(2) Despite the provisions of a warrant, record or order 27
committing a person to a specified corrective services facility 28
or to a watch-house, the person may be taken to and detained 29
in a corrective services facility specified by the chief 30
executive. 31
s 10 28 s 11
Corrective Services Bill 2006
10 Record of prisoner's details 1
(1) The chief executive must establish a record containing each 2
prisoner's details, including details about the identification of 3
the prisoner. 4
(2) For the identification of a prisoner, a corrective services 5
officer-- 6
(a) may photograph the prisoner; and 7
(b) may take the prisoner's fingerprints, palm prints, 8
footprints, toe prints, eye prints or voiceprints. 9
(3) The photos and prints must be destroyed if-- 10
(a) the prisoner is found not guilty of the offence for which 11
the prisoner is being detained, other than on the ground 12
of unsoundness of mind; or 13
(b) proceedings for the offence for which the prisoner is 14
being detained are discontinued or dismissed. 15
(4) However, the photos or prints must not be destroyed if, for 16
any part of the period of detention for the offence, the prisoner 17
was also being detained for another offence-- 18
(a) of which the prisoner has been convicted; or 19
(b) for which proceedings have not been discontinued or 20
dismissed. 21
(5) In this section-- 22
prisoner includes a person subject to a community based 23
order. 24
11 Prisoner to be informed of entitlements and duties 25
(1) When a prisoner is admitted to a corrective services facility 26
for detention, the chief executive must inform the prisoner 27
about-- 28
(a) the prisoner's entitlements and duties under this Act; 29
and 30
(b) the administrative directions and procedures relevant to 31
the prisoner's entitlements and duties. 32
s 12 29 s 13
Corrective Services Bill 2006
(2) If the prisoner is illiterate or does not understand English, the 1
chief executive must take reasonable steps to ensure the 2
prisoner understands the things mentioned in subsection (1). 3
(3) The chief executive-- 4
(a) must make a copy of this Act available to all prisoners; 5
and 6
(b) may make a copy of other legislation available to a 7
prisoner. 8
12 Prisoner security classification 9
(1) When a prisoner is admitted to a corrective services facility 10
for detention, the chief executive must classify the prisoner 11
into 1 of the following security classifications-- 12
(a) maximum; 13
(b) high; 14
(c) low. 15
(2) When deciding a prisoner's security classification, the chief 16
executive must have regard to each of the following-- 17
(a) the nature of the offence for which the prisoner has been 18
charged or convicted; 19
(b) the risk of the prisoner escaping, or attempting to 20
escape, from custody; 21
(c) the risk of the prisoner committing a further offence and 22
the impact the commission of the further offence is 23
likely to have on the community; 24
(d) the risk the prisoner poses to himself or herself, and 25
other prisoners, staff members and the security of the 26
corrective services facility. 27
13 Reviewing prisoner's security classification 28
(1) The chief executive must review a prisoner's security 29
classification-- 30
s 14 30 s 16
Corrective Services Bill 2006
(a) for a prisoner with a maximum security 1
classification--at intervals of not longer than 6 months; 2
and 3
(b) for a prisoner with a high security classification--at 4
intervals of not longer than 1 year; and 5
(c) for a prisoner whose term of imprisonment is changed 6
by a court order--when the court orders the change. 7
(2) The chief executive may review the security classification of a 8
prisoner with a low security classification. 9
10
Example--
11
The chief executive may review the security classification if the
12
prisoner's behaviour deteriorates.
(3) When reviewing a prisoner's security classification, the chief 13
executive must have regard to the matters mentioned in 14
section 12(2). 15
14 Changing prisoner's security classification 16
The chief executive may change a prisoner's security 17
classification after reviewing it under section 13. 18
15 Notice of decision about prisoner's security classification 19
following review 20
(1) After reviewing a prisoner's security classification, the chief 21
executive must give the prisoner an information notice about 22
the chief executive's decision following the review. 23
(2) If the chief executive increased the prisoner's security 24
classification, the information notice must include a statement 25
that if the prisoner is dissatisfied with the decision, the 26
prisoner may ask the chief executive to reconsider the 27
decision by notice given to the chief executive within 7 days 28
after the information notice is given to the prisoner. 29
16 Reconsidering decision to change prisoner's security 30
classification 31
(1) This section applies if-- 32
s 17 31 s 18
Corrective Services Bill 2006
(a) the chief executive increases a prisoner's security 1
classification; and 2
(b) the prisoner is dissatisfied with the decision. 3
(2) Within 7 days after the information notice about the decision 4
is given to the prisoner, the prisoner may, by written notice 5
given to the chief executive, ask the chief executive to 6
reconsider the decision. 7
(3) The chief executive must reconsider the decision and may 8
confirm, amend or cancel the decision. 9
(4) After reconsidering the decision, the chief executive must give 10
the prisoner an information notice about the reconsidered 11
decision. 12
17 Application of Judicial Review Act 1991 to decisions 13
about prisoner security classification 14
(1) The Judicial Review Act 1991, parts 3, 4 and 5, other than 15
section 41(1), do not apply to a decision made, or purportedly 16
made, under section 12, 13, 14 or 16 about a prisoner's 17
security classification. 18
19
Note--
20
The Judicial Review Act 1991, part 3 deals with statutory orders of
21
review, part 4 deals with reasons for decisions and part 5 deals with
22
prerogative orders and injunctions.
(2) In this section-- 23
decision includes a decision affected by jurisdictional error. 24
18 Accommodation 25
(1) Whenever practicable, each prisoner in a corrective services 26
facility must be provided with his or her own room. 27
(2) A prisoner who is under 18 years must be kept apart from 28
other prisoners who are 18 years or older unless it is in the 29
prisoner's best interests not to be kept apart. 30
31
Examples for subsection (2)--
32
1 A young Aboriginal prisoner may be accommodated with older
33
prisoners to enable the young prisoner to be with a family member.
s 19 32 s 20
Corrective Services Bill 2006
1
2 A young prisoner may be accommodated with older prisoners at a
2
work camp.
3
3 A young prisoner may be accommodated with an older prisoner if
4
the young prisoner is at risk of self-harm.
Part 2 Management of prisoners 5
Division 1 Management of prisoners generally 6
19 Effect of prisoner's security classification 7
The chief executive may make different arrangements for the 8
management of prisoners with different security 9
classifications. 10
20 Directions to prisoner 11
(1) A corrective services officer may give a prisoner a direction 12
the officer reasonably believes is necessary-- 13
(a) for the welfare or safe custody of the prisoner or other 14
prisoners; or 15
(b) for the security or good order of a corrective services 16
facility; or 17
(c) to ensure compliance with an order given or applying to 18
the prisoner; or 19
20
Example of order for paragraph (c)--
21
an order given under division 3 for the searching of the prisoner
(d) to ensure a prisoner attends a place to enable a DNA 22
sampler to take a DNA sample from a prisoner under the 23
Police Powers and Responsibilities Act 2000, chapter 24
8A, part 5; or 25
(e) to ensure the prisoner or another prisoner does not 26
commit an offence or a breach of discipline. 27
s 21 33 s 21
Corrective Services Bill 2006
(2) Directions under this section may be given in writing or 1
orally, and may apply generally or be limited in their 2
application. 3
21 Medical examination or treatment 4
(1) A prisoner must submit to a medical examination or treatment 5
by a doctor if the doctor considers the prisoner requires 6
medical attention. 7
(2) If it is reasonably practicable in the circumstances, before 8
carrying out the medical examination or treatment, the doctor 9
must tell the prisoner the following-- 10
(a) the doctor considers the prisoner requires the medical 11
examination or treatment; 12
(b) the doctor's reasons for requiring the examination or 13
treatment; 14
(c) what the examination or treatment will involve. 15
(3) A prisoner must submit to an examination by a doctor or 16
psychologist if the chief executive orders the examination to 17
decide-- 18
(a) the prisoner's security classification; or 19
(b) where to place the prisoner; or 20
(c) whether to transfer the prisoner to another place; or 21
(d) the prisoner's suitability to participate in an approved 22
activity, course or program; or 23
(e) the prisoner's suitability for leave of absence, early 24
discharge or release. 25
(4) A prisoner must submit to-- 26
(a) examinations by psychiatrists as required-- 27
(i) under a risk assessment order under the Dangerous 28
Prisoners (Sexual Offenders) Act 2003, section 29
8(2)(a); or 30
(ii) by the chief executive, if the chief executive must 31
arrange for the examinations under section 29 of 32
that Act; or 33
s 21 34 s 21
Corrective Services Bill 2006
1
Note--
2
The Dangerous Prisoners (Sexual Offenders) Act 2003,
3
section 29 deals with psychiatric reports for reviewing
4
continuing detention orders.
(b) an examination by 2 or more medical practitioners as 5
directed by a judge under the Criminal Law Amendment 6
Act 1945, section 18. 7
8
Note--
9
The Criminal Law Amendment Act 1945, section 18 deals with
10
the detention of persons incapable of controlling sexual instincts.
(5) For a medical examination or treatment of a prisoner, a doctor 11
may-- 12
(a) take a sample of the prisoner's blood or another bodily 13
substance; or 14
(b) order the prisoner to provide a sample of the prisoner's 15
urine or another bodily substance, including, for 16
example, hair or saliva, and give the prisoner directions 17
about the way in which the sample must be provided. 18
(6) A prisoner must comply with an order made, or direction 19
given, under subsection (5)(b). 20
(7) A doctor may authorise another person to examine or treat a 21
prisoner in a corrective services facility if-- 22
(a) the doctor-- 23
(i) is authorised or required to carry out the 24
examination or give the treatment under this Act; 25
or 26
(ii) would, if qualified to carry out the examination or 27
give the treatment, be so authorised or required; 28
and 29
(b) the other person is qualified to carry out the examination 30
or give the treatment. 31
(8) If a prisoner does not submit to an examination or treatment as 32
required under this section, the doctor and anyone acting at 33
the doctor's direction may use the force that is reasonably 34
necessary to carry out the examination or treatment. 35
s 22 35 s 23
Corrective Services Bill 2006
(9) In this section-- 1
prisoner does not include a prisoner released on parole. 2
22 Private medical examination or treatment 3
(1) Subject to subsection (2), a prisoner in a corrective services 4
facility may apply in writing to the chief executive for 5
approval to be examined or treated by a doctor or psychologist 6
nominated by the prisoner. 7
(2) A prisoner in a corrective services facility can not-- 8
(a) participate in assisted reproductive technology; or 9
(b) apply for the chief executive's approval to participate in 10
assisted reproductive technology. 11
(3) The chief executive may give the approval mentioned in 12
subsection (1) if satisfied-- 13
(a) the application for the approval is not-- 14
(i) frivolous or vexatious; or 15
(ii) for an examination or treatment for participating in 16
assisted reproductive technology; and 17
(b) the prisoner is able to pay for the examination or 18
treatment and associated costs; and 19
(c) the doctor or psychologist nominated by the prisoner is 20
willing and available to carry out the examination or 21
treatment of the prisoner. 22
(4) The prisoner must pay for the examination or treatment and 23
associated costs. 24
(5) The chief executive must consider, but is not bound by, any 25
report or recommendation made by the nominated doctor or 26
psychologist. 27
23 Dangerously ill prisoner 28
If the chief executive, on the advice of a doctor, considers a 29
prisoner in a corrective services facility to be dangerously ill 30
or seriously injured, the chief executive must immediately 31
s 24 36 s 24
Corrective Services Bill 2006
notify each of the following that the prisoner is either 1
dangerously ill or seriously injured-- 2
(a) the person nominated by the prisoner as the prisoner's 3
contact person; 4
(b) a religious visitor; 5
(c) for an Aboriginal or Torres Strait Islander prisoner-- 6
(i) an Aboriginal or Torres Strait Islander legal service 7
representing Aboriginal or Torres Strait Islander 8
persons in the area in which the facility is located; 9
and 10
(ii) if practicable, an elder, respected person or 11
indigenous spiritual healer who is relevant to the 12
prisoner. 13
24 Death of prisoner 14
(1) After a prisoner dies, the chief executive must notify each of 15
the following that the prisoner has died-- 16
(a) if the corrective services facility is a prison--a doctor 17
appointed for the facility; 18
(b) the police officer in charge of the police station nearest 19
to the place where the prisoner died; 20
(c) the person nominated by the prisoner as the prisoner's 21
contact person; 22
(d) a religious visitor; 23
(e) for an Aboriginal or Torres Strait Islander prisoner-- 24
(i) an Aboriginal or Torres Strait Islander legal service 25
representing Aboriginal or Torres Strait Islander 26
persons in the area in which the prisoner died; and 27
(ii) if practicable, an elder, respected person or 28
indigenous spiritual healer who was relevant to the 29
prisoner. 30
(2) The chief executive must keep records, prescribed under a 31
regulation, of the prisoner's death. 32
(3) In this section-- 33
s 25 37 s 27
Corrective Services Bill 2006
prisoner includes a person who, immediately before the 1
person's death, was a prisoner, but does not include a prisoner 2
released on parole. 3
25 Registration of birth 4
(1) A birth certificate for a child whose mother or father is, or was 5
when the child was born, a prisoner must not-- 6
(a) state that fact; or 7
(b) contain any information from which that fact can 8
reasonably be inferred. 9
(2) If the showing of an address that is required by the Births, 10
Deaths and Marriages Registration Act 2003 to be shown 11
would contravene subsection (1)(a), the address must be 12
shown as the city or town in which, or nearest to which, the 13
address is situated. 14
26 Marriage 15
(1) A person in the chief executive's custody must give the chief 16
executive written notice before lodging a notice of intention to 17
marry under the Marriage Act 1961 (Cwlth). 18
Maximum penalty--20 penalty units. 19
(2) A prisoner may be married in a corrective services facility 20
only with the chief executive's approval and the marriage 21
must be conducted in the way decided by the chief executive. 22
27 Change of name 23
(1) A person in the chief executive's custody must obtain the 24
chief executive's written permission before applying to 25
change the person's name under the Births, Deaths and 26
Marriages Registration Act 2003. 27
Maximum penalty--20 penalty units or 6 months 28
imprisonment. 29
(2) In deciding whether to give the permission, the chief 30
executive must consider each of the following-- 31
s 28 38 s 28
Corrective Services Bill 2006
(a) whether the proposed name change poses a threat to the 1
security of a corrective services facility; 2
(b) the safety of the person and other persons; 3
(c) whether the proposed name change could be used to 4
further an unlawful activity or purpose; 5
(d) whether the proposed name change could be considered 6
offensive to a victim of a crime or an immediate family 7
member of a deceased victim of a crime. 8
(3) Subsection (4) applies if the chief executive becomes aware 9
that a person in the chief executive's custody has failed to 10
comply with subsection (1) in registering a change of the 11
person's name under the Births, Deaths and Marriages 12
Registration Act 2003. 13
(4) The chief executive may apply to the registrar under the 14
Births, Deaths and Marriages Registration Act 2003 for the 15
cancellation of the registration. 16
28 Carrying on a business 17
(1) Subject to subsections (2) to (4), a prisoner who has been 18
sentenced, whether before or after the commencement of this 19
section, to a period of imprisonment must not carry on, or 20
participate in the carrying on of, a business while the prisoner 21
is in a corrective services facility. 22
23
Example--
24
the painting of art work to be sold on the Internet by the prisoner or by a
25
corporation in whose management the prisoner participates including,
26
for example, as a director
Maximum penalty--100 penalty units. 27
(2) Subsections (3) and (4) apply to a person who is carrying on, 28
or participating in the carrying on of, a business when the 29
person is sentenced to a period of imprisonment (the 30
pre-sentence business). 31
(3) The person must, within 21 days after being sentenced-- 32
(a) stop carrying on the pre-sentence business; or 33
(b) stop participating in the carrying on of the pre-sentence 34
business. 35
s 29 39 s 29
Corrective Services Bill 2006
Maximum penalty--100 penalty units. 1
(4) Subsection (1) does not apply to the person in relation to the 2
pre-sentence business until the end of the 21 days mentioned 3
in subsection (3). 4
Division 2 Children accommodated with 5
female prisoners 6
29 Application for accommodation of child with female 7
prisoner 8
(1) This section applies if a female prisoner-- 9
(a) gives birth to a child during her period of imprisonment; 10
or 11
(b) has custody of a child-- 12
(i) of whom the prisoner is the mother; or 13
(ii) the subject of a court order requiring the child to 14
live with the prisoner, whether or not the prisoner 15
is the child's mother. 16
(2) On admission to the corrective services facility, the prisoner 17
must be informed that-- 18
(a) the prisoner, or the child protection chief executive, may 19
apply to the chief executive to have the child 20
accommodated with the prisoner; and 21
(b) if the prisoner, or the child protection chief executive, 22
applies and the application is successful, the prisoner 23
will have primary responsibility for the child's care and 24
safety, including all costs associated with the care. 25
(3) The following persons may apply, in the approved form, to 26
the chief executive to have the child accommodated with the 27
prisoner in the corrective services facility-- 28
(a) the prisoner; 29
(b) the child protection chief executive. 30
(4) In this section-- 31
s 30 40 s 30
Corrective Services Bill 2006
costs associated, with the care of a child, includes the cost of 1
nappies and baby goods for the child, but does not include the 2
cost of food and drink for the child. 3
30 Deciding application 4
(1) The chief executive may grant an application to have a child 5
accommodated with a prisoner in a corrective services facility 6
if-- 7
(a) the chief executive decides there is suitable 8
accommodation in the facility for the child; and 9
(b) either-- 10
(i) the child is not eligible to start primary school; or 11
(ii) each of the following apply-- 12
(A) the child is eligible to start primary school; 13
(B) the prisoner is in a community corrections 14
centre; 15
(C) the application is only for periods during 16
school holidays or on weekends; and 17
(c) the child is immunised in accordance with the 18
recommendations of the department in which the Health 19
Act 1937 is administered; and 20
(d) the child is not subject to a court order requiring the 21
child to live with someone else; and 22
(e) for a child in care--the child protection chief executive 23
has consented to the child being accommodated with the 24
prisoner; and 25
(f) the chief executive is satisfied it is in the child's best 26
interests. 27
(2) In deciding what is in the child's best interests, the chief 28
executive may consider each of the following-- 29
(a) the child's-- 30
(i) age and sex; and 31
(ii) cultural background; and 32
(iii) mental and physical health; 33
s 31 41 s 31
Corrective Services Bill 2006
(b) the emotional ties between the child and his or her 1
parents; 2
(c) the child's established living pattern, including, for 3
example, the pattern of the child's home, school, 4
community and religious life; 5
(d) if the chief executive is satisfied the child is able to 6
express a view, the child's wishes. 7
31 Removing child from corrective services facility 8
(1) The chief executive may remove a child being accommodated 9
with a prisoner in a corrective services facility if any of the 10
following apply-- 11
(a) a court orders that the child live with another person; 12
(b) the chief executive is satisfied it is in the child's best 13
interests; 14
(c) the prisoner with whom the child is accommodated 15
requests the removal; 16
(d) the child is not a child mentioned in section 30(1)(b)(ii) 17
and becomes eligible to start primary school; 18
(e) the prisoner with whom the child is accommodated is 19
transferred to another corrective services facility and the 20
chief executive decides the accommodation at the other 21
corrective services facility is not suitable for the child; 22
(f) the chief executive is satisfied it is in the interests of the 23
good order and management of the facility. 24
(2) In deciding what is in the child's best interests, the chief 25
executive must consider each of the following-- 26
(a) the child's-- 27
(i) age and sex; and 28
(ii) mental and physical health; 29
(b) anything else the chief executive considers relevant. 30
(3) Separation of a child from a prisoner with whom the child is 31
accommodated must not be used as a form of discipline 32
against the prisoner. 33
s 32 42 s 34
Corrective Services Bill 2006
32 Search of accommodated child 1
(1) The chief executive may require a child accommodated with a 2
female prisoner in a corrective services facility to submit to a 3
general search or scanning search before entering the facility. 4
(2) The chief executive must not require the child to submit to a 5
personal search or a search requiring the removal of clothing. 6
Division 3 Search of prisoners 7
33 Power to search 8
(1) The chief executive may order a corrective services officer-- 9
(a) to conduct a general search, personal search or scanning 10
search of a prisoner; or 11
(b) to search a prisoner's room; or 12
(c) to search prisoner facilities. 13
(2) Also, a corrective services officer may conduct a general 14
search, personal search or scanning search of a prisoner if the 15
officer reasonably suspects the prisoner possesses something 16
that poses, or is likely to pose, a risk to-- 17
(a) the security or good order of the corrective services 18
facility; or 19
(b) the safety of persons in the facility. 20
(3) A power under this Act to search a prisoner in any way-- 21
(a) includes a power to search anything in the prisoner's 22
possession; and 23
(b) may be exercised at any time, including, for example, on 24
the day on which the prisoner is discharged or released. 25
34 Personal search of prisoners leaving particular part of 26
corrective services facility 27
(1) The chief executive may order the personal searching of 28
prisoners whenever they leave a part of a corrective services 29
facility stated in the order where prisoners have access to 30
concealable prohibited things. 31
s 35 43 s 36
Corrective Services Bill 2006
1
Example of part of a corrective services facility--
2
a kitchen or workshop
(2) A personal search of a prisoner may be carried out only by a 3
corrective services officer of the same sex as the prisoner. 4
35 Search requiring the removal of clothing of prisoners on 5
chief executive's direction 6
(1) The chief executive may give a written direction to a 7
corrective services officer for the carrying out of a search 8
requiring the removal of clothing of prisoners as stated in the 9
direction, including, for example, at the times stated in the 10
direction. 11
(2) The search must be carried out as required under the direction. 12
(3) However, a direction under subsection (1) does not apply to a 13
particular prisoner if the chief executive reasonably considers 14
it unnecessary for the search to be carried out on the prisoner 15
because of the prisoner's exceptional circumstances. 16
17
Example for subsection (3)--
18
A direction requires a search requiring the removal of clothing of a
19
prisoner to be carried out when a prisoner enters a corrective services
20
facility. A pregnant prisoner returns to the facility from an escorted
21
antenatal visit and the corrective services officer who escorted the
22
prisoner advises that the prisoner had no likely opportunity to obtain a
23
prohibited thing while on the visit. The chief executive may consider it
24
unnecessary for the search to be carried out on the prisoner.
(4) A search requiring the removal of clothing under this section 25
may be preceded by another less intrusive search. 26
36 Search requiring the removal of clothing of prisoners on 27
chief executive's order--generally 28
(1) The chief executive may order a search requiring the removal 29
of clothing of 1 or more prisoners if the chief executive is 30
satisfied the search is necessary for either or both of the 31
following-- 32
(a) the security or good order of the corrective services 33
facility; 34
(b) the safe custody and welfare of prisoners at the facility. 35
s 37 44 s 38
Corrective Services Bill 2006
1
Example--
2
A knife is missing from the kitchen of a corrective services facility. The
3
chief executive may be satisfied that a search requiring the removal of
4
clothing of each prisoner who worked in the kitchen that day is
5
necessary for the security or good order of the facility or for the safe
6
custody and welfare of prisoners at the facility.
(2) A search requiring the removal of clothing under this section 7
may be preceded by another less intrusive search. 8
37 Search requiring the removal of clothing on reasonable 9
suspicion 10
(1) The chief executive may order a search requiring the removal 11
of clothing of a prisoner if the chief executive reasonably 12
suspects the prisoner has a prohibited thing concealed on the 13
prisoner's person. 14
(2) A search requiring the removal of clothing under this section 15
may be preceded by another less intrusive search. 16
38 Requirements for search requiring the removal of 17
clothing 18
(1) A search requiring the removal of clothing of a prisoner must 19
be carried out by at least 2 corrective services officers, but by 20
no more officers than are reasonably necessary to carry out the 21
search. 22
(2) Each corrective services officer carrying out the search must 23
be of the same sex as the prisoner. 24
(3) Before carrying out the search, 1 of the corrective services 25
officers must tell the prisoner-- 26
(a) that the prisoner will be required to remove the 27
prisoner's clothing during the search; and 28
(b) why it is necessary to remove the clothing. 29
(4) A corrective services officer carrying out the search-- 30
(a) must ensure, as far as reasonably practicable, that the 31
way in which the prisoner is searched causes minimal 32
embarrassment to the prisoner; and 33
s 39 45 s 39
Corrective Services Bill 2006
(b) must take reasonable care to protect the prisoner's 1
dignity; and 2
(c) must carry out the search as quickly as reasonably 3
practicable; and 4
(d) must allow the prisoner to dress as soon as the search is 5
finished. 6
(5) A corrective services officer carrying out the search must, if 7
reasonably practicable, give the prisoner the opportunity to 8
remain partly clothed during the search, including, for 9
example, by allowing the prisoner to dress his or her upper 10
body before being required to remove clothing from the lower 11
part of the body. 12
(6) If a corrective services officer seizes clothing because of the 13
search, the officer must ensure the prisoner is left with, or 14
given, reasonably appropriate clothing. 15
(7) A regulation may prescribe other requirements and 16
procedures for ensuring the effective carrying out of searches 17
requiring the removal of clothing of prisoners. 18
39 Body search of particular prisoner 19
(1) The chief executive may authorise a doctor to conduct a body 20
search of a prisoner if the chief executive reasonably 21
believes-- 22
(a) the prisoner has ingested something that may jeopardise 23
the prisoner's health or wellbeing; or 24
(b) the prisoner has a prohibited thing concealed within his 25
or her person that may potentially be used in a way that 26
may pose a risk to the security or good order of the 27
facility; or 28
(c) the search may reveal evidence of the commission of an 29
offence or breach of discipline by the prisoner. 30
(2) A nurse must be present during the body search, and if the 31
doctor is not of the same sex as the prisoner, the nurse must be 32
of the same sex. 33
(3) If the doctor reasonably requires help to conduct the body 34
search, the doctor may ask another person to help the doctor. 35
s 40 46 s 41
Corrective Services Bill 2006
(4) Except in an emergency, the other person must be of the same 1
sex as the prisoner. 2
(5) The doctor may seize anything discovered during the body 3
search if-- 4
(a) seizing the thing would not be likely to cause grievous 5
bodily harm to the prisoner; and 6
(b) the doctor reasonably believes the thing may be 7
evidence of the commission of an offence or breach of 8
discipline by the prisoner. 9
(6) The doctor must give a seized thing to a corrective services 10
officer as soon as practicable after seizing it. 11
40 Register of searches 12
(1) The chief executive must establish a register, for each 13
corrective services facility, recording the details of each 14
search carried out at the facility requiring the removal of 15
clothing, and each body search, of a prisoner. 16
(2) The details must include the following-- 17
(a) the reason for the search; 18
(b) the names of the persons present during the search; 19
(c) details of anything seized from the prisoner. 20
(3) The chief executive must make each register available for 21
inspection by an official visitor. 22
41 Who may be required to give test sample 23
(1) The chief executive may require any of the following persons 24
to give a test sample of the type the chief executive requires-- 25
(a) a prisoner; 26
(b) an offender if-- 27
(i) the giving of the test sample is required by a 28
conditional release order, parole order or court 29
order; or 30
(ii) for an offender who is released on parole--the 31
chief executive reasonably believes the offender 32
s 42 47 s 43
Corrective Services Bill 2006
poses a serious and immediate risk of harm to 1
himself or herself. 2
(2) The chief executive must give the person the results of the 3
final tests conducted on the test sample as soon as practicable 4
after the chief executive receives the results of the final tests. 5
42 Giving test sample 6
(1) The chief executive, a doctor or a nurse may give a prisoner or 7
an offender mentioned in section 41(1)(b) directions about the 8
way the prisoner or offender must give a test sample. 9
(2) Only a doctor or nurse may take a sample of blood. 10
(3) A doctor or nurse, and anyone acting in good faith at the 11
direction of the doctor or nurse, may use the force that is 12
reasonably necessary to enable the doctor or nurse to take the 13
test sample. 14
(4) A regulation may prescribe-- 15
(a) the number of corrective services officers that must be 16
present when a test sample stated in the regulation is 17
being taken from a prisoner; and 18
(b) how a test sample stated in the regulation, other than a 19
sample of blood, must be taken. 20
43 Consequences of positive test sample 21
(1) If a prisoner gives a positive test sample-- 22
(a) the test result may be considered when assessing the 23
prisoner's security classification; and 24
(b) the prisoner may be required to undertake a medical or 25
behavioural treatment program. 26
(2) Subsection (1) may apply in addition to the prisoner being 27
dealt with for the commission of an offence or a breach of 28
discipline. 29
(3) When acting under subsection (1), the chief executive must 30
take into account the circumstances of the case and the 31
prisoner's needs. 32
s 44 48 s 44
Corrective Services Bill 2006
(4) A prisoner is taken to have given a positive test sample if the 1
prisoner-- 2
(a) refuses to supply the test sample; or 3
(b) fails to supply the test sample within a reasonable time, 4
unless the prisoner has a reasonable excuse; or 5
6
Example of a reasonable excuse--
7
a medical condition preventing the prisoner from supplying the
8
test sample in the time it might reasonably take another prisoner
9
who does not have the medical condition to supply the sample
(c) alters or invalidates, or attempts to alter or invalidate, the 10
results of the test sample; or 11
(d) tampers, or attempts to tamper, with the test sample. 12
Division 4 Mail, phone calls and other 13
communications 14
Subdivision 1 Mail 15
44 Prisoner's ordinary mail at prisoner's own expense 16
(1) A prisoner must purchase anything required for the prisoner's 17
ordinary mail. 18
(2) However, if the chief executive is satisfied that a prisoner 19
does not have enough money to pay the postage costs, the 20
costs may be paid for by the chief executive. 21
(3) If subsection (2) applies to a prisoner, the prisoner may post a 22
letter not more than twice a week, unless otherwise approved 23
by the chief executive. 24
(4) If a prisoner is participating in an approved activity, course or 25
program that requires the prisoner to send things by mail, the 26
postage costs associated with the prisoner's participation must 27
be paid for by the chief executive. 28
s 45 49 s 46
Corrective Services Bill 2006
45 Opening, searching and censoring mail 1
(1) A corrective services officer authorised by the chief executive 2
may open, search and censor a prisoner's ordinary mail. 3
(2) A corrective services officer authorised by the chief executive 4
may, in a prisoner's presence, open and search the prisoner's 5
privileged mail or mail purporting to be privileged mail, if the 6
officer reasonably suspects the mail-- 7
(a) contains-- 8
(i) something that may physically harm the person to 9
whom it is addressed; or 10
(ii) a prohibited thing; or 11
(b) is not privileged mail. 12
(3) However, a corrective services officer mentioned in 13
subsection (2) must not read a prisoner's privileged mail, 14
other than to establish that it is privileged mail, without the 15
prisoner's written consent. 16
(4) If a corrective services officer reads a prisoner's privileged 17
mail, the officer must not disclose the contents to any person. 18
Maximum penalty--100 penalty units or 2 years 19
imprisonment. 20
(5) Subject to sections 46 to 48, after a prisoner's mail has been 21
searched or censored it must be-- 22
(a) for incoming mail--immediately delivered to the 23
prisoner to whom it is addressed; or 24
(b) for outgoing mail--immediately placed into the external 25
mail system. 26
46 Seizing and otherwise dealing with mail containing 27
information about the commission of an offence 28
(1) If a search of a prisoner's mail reveals information about the 29
commission of an offence-- 30
(a) the mail may be seized by-- 31
(i) if it is privileged mail--the chief executive; or 32
s 47 50 s 48
Corrective Services Bill 2006
(ii) if it is ordinary mail--a corrective services officer; 1
and 2
(b) the chief executive must give the information revealed 3
in the mail to the relevant law enforcement agency. 4
(2) Subsection (1) does not apply if the prisoner's mail is 5
privileged mail and the information is about the commission 6
of the offence for which the prisoner is being detained. 7
47 Seizing harmful or prohibited things contained in 8
privileged mail 9
The chief executive may seize something in a prisoner's 10
privileged mail if the thing-- 11
(a) may physically harm the person to whom it is 12
addressed; or 13
(b) is a prohibited thing. 14
48 Seizing ordinary mail and things contained in it 15
(1) A corrective services officer may seize a prisoner's ordinary 16
mail, or anything in it, to stop-- 17
(a) anything that poses a risk to the security or good order 18
of the corrective services facility entering or leaving the 19
facility; or 20
(b) anything that appears to be intended for the commission 21
of an offence, or a breach of a court order, entering or 22
leaving the facility; or 23
(c) threatening or otherwise inappropriate correspondence 24
leaving the facility; or 25
26
Example of inappropriate correspondence--
27
correspondence by a prisoner, who has been convicted of a
28
sexual offence against a child, to a child with whom the prisoner
29
had no relationship before being imprisoned
(d) a prohibited thing entering or leaving the facility; or 30
(e) the prisoner purchasing goods or services without the 31
chief executive's written approval. 32
s 49 51 s 50
Corrective Services Bill 2006
(2) Subsection (1) does not apply to a document to which legal 1
professional privilege attaches. 2
49 Register of privileged mail searches 3
(1) The chief executive must establish a register, for each 4
corrective services facility, recording the following for each 5
search of a prisoner's privileged mail-- 6
(a) the reasons for the search, including the basis for the 7
corrective services officer's reasonable suspicion about 8
the mail; 9
(b) without disclosing the contents of the mail, the result of 10
the search. 11
(2) The chief executive must make the register available for 12
inspection by an official visitor. 13
Subdivision 2 Phone calls 14
50 Phone calls 15
(1) A prisoner may-- 16
(a) at the chief executive's expense, make 1 phone call on 17
admission to a corrective services facility; and 18
(b) at the prisoner's own expense, phone approved persons 19
at approved telephone numbers. 20
(2) However, the chief executive may pay for a call mentioned in 21
subsection (1)(b) if the chief executive considers there is 22
sufficient reason to do so. 23
(3) The chief executive may decide the length and frequency of 24
phone calls made by prisoners. 25
(4) A prisoner in a corrective services facility can not receive 26
phone calls from outside the facility, other than an approved 27
phone call in the event of a family or other personal 28
emergency. 29
(5) A prisoner must not-- 30
s 51 52 s 51
Corrective Services Bill 2006
(a) call an approved telephone number knowing the call 1
will be diverted to another telephone number to allow 2
the prisoner to contact someone other than an approved 3
person; or 4
(b) intentionally continue with a call that-- 5
(i) the prisoner knows is diverted from an approved 6
telephone number to another telephone number; 7
and 8
(ii) allows the prisoner to contact someone other than 9
an approved person; or 10
(c) call an approved telephone number and ask the person 11
called to make a conference call to someone else. 12
Maximum penalty--6 months imprisonment. 13
(6) The chief executive may approve a prisoner's participation in 14
a conference call if the prisoner requires the use of an 15
interpreter. 16
Subdivision 3 Other communications 17
51 Personal video conferences for approved prisoners 18
(1) An approved prisoner may contact approved persons by video 19
conferencing technology if the technology is available for the 20
prisoner's use at the corrective services facility. 21
(2) The chief executive may pay for a video conference 22
mentioned in subsection (1) if the chief executive considers 23
there is sufficient reason to do so. 24
(3) The chief executive may decide the length and frequency of 25
an approved prisoner's video conference. 26
(4) An approved prisoner must not intentionally continue with a 27
video conference that allows the prisoner to contact someone 28
other than an approved person. 29
Maximum penalty for subsection (4)--6 months 30
imprisonment. 31
s 52 53 s 52
Corrective Services Bill 2006
Subdivision 4 Recording or monitoring prisoner 1
communications 2
52 Recording or monitoring prisoner communication 3
(1) The chief executive may record or monitor a prisoner 4
communication. 5
(2) However, the chief executive must not record or monitor a 6
prisoner communication the chief executive has authorised to 7
be made between a prisoner and-- 8
(a) the prisoner's lawyer; or 9
(b) an officer of a law enforcement agency; or 10
(c) a parole board; or 11
(d) the ombudsman. 12
(3) The parties to each prisoner communication, other than a 13
communication mentioned in subsection (2), must be told the 14
communication may be recorded and monitored. 15
(4) The chief executive may end a prisoner communication if the 16
chief executive reasonably believes the communication 17
constitutes-- 18
(a) an offence; or 19
(b) a breach of a court order; or 20
(c) a threat to the security or good order of a corrective 21
services facility. 22
(5) If a prisoner communication recorded or monitored under this 23
section reveals information about the commission of an 24
offence, the chief executive must give the information to the 25
relevant law enforcement agency. 26
(6) In this section-- 27
prisoner communication means a phone call, an electronic 28
communication or a video link communication made to or 29
from a prisoner. 30
s 53 54 s 54
Corrective Services Bill 2006
Division 5 Safety orders 1
53 Safety order 2
(1) The chief executive may make an order (a safety order) for a 3
prisoner if-- 4
(a) a doctor or psychologist advises the chief executive that 5
the doctor or psychologist reasonably believes there is a 6
risk of the prisoner harming himself, herself or someone 7
else; or 8
(b) the chief executive reasonably believes-- 9
(i) there is a risk of the prisoner harming, or being 10
harmed by, someone else; or 11
(ii) the safety order is necessary for the security or 12
good order of the corrective services facility. 13
(2) The safety order must not be for a period longer than 1 month. 14
(3) The safety order must state the conditions, prescribed under a 15
regulation, that apply to the prisoner's treatment. 16
(4) During the period of the safety order, the prisoner may be 17
accommodated separately from other prisoners, including, for 18
example, in a health centre at the corrective services facility. 19
(5) If the prisoner is separated from other prisoners during the 20
period of the safety order, the chief executive may provide for 21
the prisoner's reintegration, before the period ends-- 22
(a) into the mainstream prisoner population of the 23
corrective services facility; or 24
(b) into the routine that applied to the prisoner before the 25
safety order took effect. 26
(6) In this section-- 27
health centre means a part of a corrective services facility 28
where prisoners are treated and medication is dispensed. 29
54 Consecutive safety orders 30
(1) The chief executive may make a further safety order for a 31
prisoner to take effect at the end of an existing safety order. 32
s 55 55 s 55
Corrective Services Bill 2006
(2) However, if the existing safety order was made on the advice 1
of a doctor or psychologist, the further safety order may be 2
made only on the advice of a doctor or psychologist. 3
(3) The further safety order must be made not more than 7 days 4
before the end of the existing safety order. 5
(4) Also, if the existing safety order is taken to be for a period of 6
more than 1 month under subsection (5), the chief executive 7
must not make the further safety order unless-- 8
(a) not more than 14 days before the end of the existing 9
safety order, the chief executive gives written notice to 10
the prisoner advising the prisoner that-- 11
(i) the chief executive is about to consider whether a 12
further safety order should be made; and 13
(ii) the prisoner may, within 7 days after receiving the 14
written notice, make submissions to the chief 15
executive about anything relevant to the decision 16
about making the further safety order; and 17
(b) the chief executive considers any submission the 18
prisoner makes under paragraph (a)(ii). 19
(5) For this section, 2 or more safety orders running 20
consecutively are taken to be 1 safety order. 21
22
Example--
23
Initially, a safety order for a prisoner is made for a period of 2 weeks
24
and a further safety order for the prisoner is made under this section for
25
a period of 3 weeks. For this section, the existing safety order is taken to
26
have been made for a period of 5 weeks.
55 Review of safety order--doctor or psychologist 27
(1) If a safety order was made on the advice of a doctor or 28
psychologist (the advising practitioner), the chief executive 29
must refer the order to another doctor or psychologist (the 30
reviewing practitioner) for review as required under 31
subsection (2). 32
(2) The safety order must be reviewed-- 33
(a) if the advising practitioner recommended the order be 34
reviewed at intervals of not more than 7 days--at 35
intervals of not more than 7 days; or 36
s 56 56 s 56
Corrective Services Bill 2006
(b) otherwise--as soon as practicable. 1
(3) The reviewing practitioner must review the safety order as 2
required under subsection (2). 3
(4) After completing the review, the reviewing practitioner must 4
recommend to the chief executive whether the safety order 5
should be confirmed, amended in a particular way or 6
cancelled. 7
(5) The chief executive must consider the recommendation and 8
confirm, amend or cancel the safety order. 9
(6) To remove any doubt, it is declared that the chief executive is 10
not bound by the reviewing practitioner's recommendation. 11
56 Review of safety order--official visitor 12
(1) A prisoner subject to a safety order may apply in writing to 13
the chief executive for referral of the order to an official 14
visitor for review. 15
(2) After receiving the application, the chief executive must refer 16
the safety order to an official visitor. 17
(3) The official visitor must review the safety order. 18
(4) If a safety order for a prisoner is for a period of more than 1 19
month, an official visitor must review the order-- 20
(a) as near as practicable to the end of the first month; and 21
(b) subsequently, at intervals of not more than 1 month until 22
the period ends. 23
(5) When reviewing a safety order, an official visitor may 24
exercise the powers mentioned in section 291. 25
(6) After completing a review, an official visitor must 26
recommend to the chief executive whether the safety order 27
should be confirmed, amended or cancelled. 28
(7) If the official visitor recommends that the safety order be 29
amended by reducing the period of the order, or that the order 30
be cancelled, the official visitor must also recommend to the 31
chief executive what should be done about any privileges 32
forfeited by the prisoner while the order applied to the 33
prisoner. 34
s 57 57 s 58
Corrective Services Bill 2006
(8) The chief executive must consider the recommendations and 1
either confirm, amend or cancel the safety order. 2
(9) To remove any doubt, it is declared that the chief executive is 3
not bound by an official visitor's recommendations. 4
(10) For this section, 2 or more safety orders running 5
consecutively are taken to be 1 safety order. 6
57 Medical examination 7
A doctor must examine a prisoner subject to a safety order-- 8
(a) as soon as practicable after the order is made; and 9
(b) subsequently, at intervals that are, to the greatest 10
practicable extent, of not more than 7 days. 11
58 Temporary safety order 12
(1) The chief executive may make a temporary order (the 13
temporary safety order) for a prisoner if-- 14
(a) a doctor or psychologist is not available to advise the 15
chief executive about the risk of the prisoner harming 16
himself, herself or someone else; and 17
(b) a corrective services officer or nurse advises the chief 18
executive that the officer or nurse reasonably believes 19
the prisoner may harm himself, herself or someone else. 20
(2) The temporary safety order must not be for a period longer 21
than 5 days. 22
(3) The chief executive must refer the temporary safety order to a 23
doctor or psychologist before the period ends. 24
(4) The doctor or psychologist must review the temporary safety 25
order as soon as practicable before the period ends. 26
(5) After completing the review, the doctor or psychologist must 27
recommend to the chief executive whether-- 28
(a) the chief executive should make a safety order for the 29
prisoner; or 30
(b) the temporary safety order should be cancelled. 31
(6) The chief executive must consider the recommendation and-- 32
s 59 58 s 59
Corrective Services Bill 2006
(a) if the recommendation is that a safety order be made for 1
the prisoner--make a safety order for the prisoner; or 2
(b) cancel the temporary safety order. 3
59 Record 4
(1) The chief executive must record, for each corrective services 5
facility, the details of each prisoner subject to a safety order or 6
temporary safety order. 7
(2) For a safety order, the details must include each of the 8
following-- 9
(a) the prisoner's name, identification number and age; 10
(b) whether the prisoner is an Aboriginal or Torres Strait 11
Islander person; 12
(c) the name of any doctor or psychologist on whose advice 13
the order was made; 14
(d) the date on which the order was made; 15
(e) the period for which the order was made; 16
(f) the dates the prisoner was examined under section 57; 17
(g) if the order was reviewed-- 18
(i) the date when the review was carried out; and 19
(ii) the name of the doctor, psychologist or official 20
visitor who reviewed the order; and 21
(iii) the decision of the chief executive. 22
(3) For a temporary safety order, the details must include each of 23
the following-- 24
(a) the prisoner's name, identification number and age; 25
(b) whether the prisoner is an Aboriginal or Torres Strait 26
Islander person; 27
(c) the name of the corrective services officer or nurse on 28
whose advice the order was made; 29
(d) the date on which the order was made; 30
(e) the period for which the order was made; 31
s 60 59 s 61
Corrective Services Bill 2006
(f) the date when the order was reviewed; 1
(g) the name of the doctor or psychologist who reviewed the 2
order; 3
(h) the decision of the chief executive following the review. 4
Division 6 Maximum security orders 5
60 Maximum security order 6
(1) The chief executive may make an order (the maximum 7
security order) that a prisoner be accommodated in a 8
maximum security unit. 9
(2) The maximum security order may be made only if-- 10
(a) the prisoner's security classification is maximum; and 11
(b) the chief executive reasonably believes that 1 or more of 12
the following apply-- 13
(i) there is a high risk of the prisoner escaping, or 14
attempting to escape; 15
(ii) there is a high risk of the prisoner killing or 16
seriously injuring other prisoners or other persons 17
with whom the prisoner may come into contact; 18
(iii) generally, the prisoner is a substantial threat to the 19
security or good order of the corrective services 20
facility. 21
(3) The maximum security order must not be for a period longer 22
than 6 months. 23
61 Consecutive maximum security orders 24
(1) The chief executive may make a further maximum security 25
order for a prisoner to take effect at the end of an existing 26
maximum security order. 27
(2) The further maximum security order must be made not more 28
than 14 days before the end of the existing maximum security 29
order. 30
s 62 60 s 62
Corrective Services Bill 2006
(3) However, the chief executive must not make the further 1
maximum security order unless-- 2
(a) not more than 28 days before the end of the existing 3
maximum security order, the chief executive gives 4
written notice to the prisoner advising the prisoner 5
that-- 6
(i) the chief executive is about to consider whether a 7
further maximum security order should be made; 8
and 9
(ii) the prisoner may, within 14 days after receiving the 10
written notice, make submissions to the chief 11
executive about anything relevant to the decision 12
about making the further maximum security order; 13
and 14
(b) the chief executive considers any submission the 15
prisoner makes under paragraph (a)(ii). 16
62 Other matters about maximum security order 17
(1) A maximum security order for a prisoner must include, if it is 18
practicable, directions about the extent to which-- 19
(a) the prisoner is to be separated from other prisoners 20
accommodated in the maximum security unit; and 21
(b) the prisoner is to receive privileges. 22
(2) The privileges the prisoner may receive while subject to the 23
maximum security order must be limited to privileges-- 24
(a) that can be enjoyed within the maximum security unit; 25
and 26
(b) the enjoyment of which, in the circumstances of the 27
order, may reasonably be expected not to pose a risk to 28
the security or good order of the corrective services 29
facility. 30
(3) The maximum security order may include directions about the 31
prisoner's access, within the maximum security unit, to 32
programs and services, including training and counselling. 33
(4) The chief executive may provide for the prisoner's 34
reintegration into the mainstream prisoner population of the 35
s 63 61 s 63
Corrective Services Bill 2006
corrective services facility before the period of the maximum 1
security order ends. 2
63 Review of maximum security order 3
(1) A prisoner subject to a maximum security order may apply in 4
writing to the chief executive for referral of the order to an 5
official visitor for review. 6
(2) However-- 7
(a) if the period of the maximum security order is 3 months 8
or less, the prisoner can not ask for the order to be 9
referred more than once; or 10
(b) if the period of the maximum security order is more than 11
3 months, the prisoner can not ask for the order to be 12
referred more than twice in any 6 month period. 13
(3) After receiving an application under subsection (1), the chief 14
executive must refer the maximum security order to an official 15
visitor. 16
(4) The official visitor must review the maximum security order. 17
(5) In addition to the prisoner's entitlement under subsection (2), 18
the prisoner may also ask for the maximum security order to 19
be referred to an official visitor if the chief executive amends 20
the order, other than under subsection (9). 21
(6) The official visitor, on the official visitor's own initiative, 22
must review the maximum security order if-- 23
(a) the period of the order is more than 3 months; and 24
(b) the order has not been reviewed-- 25
(i) at the prisoner's request; or 26
(ii) within the previous 3 months. 27
(7) When reviewing the maximum security order, the official 28
visitor may exercise the powers mentioned in section 291. 29
(8) After completing the review, the official visitor must 30
recommend to the chief executive whether the maximum 31
security order should be confirmed, amended or cancelled. 32
s 64 62 s 65
Corrective Services Bill 2006
(9) The chief executive must consider the recommendation and 1
confirm, amend or cancel the maximum security order. 2
(10) To remove any doubt, it is declared that the chief executive is 3
not bound by the official visitor's recommendation. 4
(11) For this section, 2 or more maximum security orders running 5
consecutively are taken to be 1 maximum security order. 6
64 Medical examination 7
A doctor must examine a prisoner subject to a maximum 8
security order-- 9
(a) as soon as practicable after the order takes effect; and 10
(b) subsequently, at intervals that are, to the greatest 11
practicable extent, of not more than 28 days; and 12
(c) as soon as practicable after the order ceases to have 13
effect. 14
65 Record 15
(1) The chief executive must record, for each corrective services 16
facility, the details of each prisoner subject to a maximum 17
security order. 18
(2) The details must include each of the following-- 19
(a) the prisoner's name, identification number and age; 20
(b) whether the prisoner is an Aboriginal or Torres Strait 21
Islander person; 22
(c) the date on which the maximum security order was 23
made; 24
(d) the period for which the maximum security order was 25
made; 26
(e) the dates the prisoner was examined under section 64; 27
(f) if the order was reviewed-- 28
(i) the date when the review was carried out; and 29
(ii) the name of the official visitor who reviewed the 30
order; and 31
s 66 63 s 66
Corrective Services Bill 2006
(iii) the decision of the chief executive following the 1
review. 2
Division 7 Transfer and removal of prisoners 3
Subdivision 1 Transfer to a work camp 4
66 Work order 5
(1) The chief executive may, by written order (a work order), 6
transfer a prisoner from a corrective services facility to a work 7
camp. 8
(2) The prisoner must perform community service as directed by 9
the chief executive. 10
(3) A work order may include the conditions the chief executive 11
reasonably considers necessary for all or any of the 12
following-- 13
(a) to help the prisoner reintegrate into the community; 14
(b) to ensure the prisoner's good conduct; 15
(c) to stop the prisoner committing an offence. 16
(4) The chief executive must give a copy of the work order to the 17
prisoner. 18
(5) The prisoner must-- 19
(a) keep the copy of the work order in the prisoner's 20
possession while it is in force; and 21
(b) if asked by a corrective services officer or police officer, 22
produce the copy of the order for inspection by the 23
officer. 24
(6) The Judicial Review Act 1991, parts 3, 4 and 5, other than 25
section 41(1), do not apply to a decision made, or purportedly 26
made, under this section about transferring a prisoner. 27
28
Note--
29
The Judicial Review Act 1991, part 3 deals with statutory orders of
30
review, part 4 deals with reasons for decisions and part 5 deals with
31
prerogative orders and injunctions.
s 67 64 s 67
Corrective Services Bill 2006
(7) In this section-- 1
decision includes a decision affected by jurisdictional error. 2
67 Restriction on eligibility for transfer to work camp 3
(1) A prisoner is not eligible to be transferred to a work camp if-- 4
(a) the prisoner has been charged with an offence that has 5
not been dealt with by a court; or 6
(b) the chief executive is aware of an unexecuted warrant 7
relating to the prisoner; or 8
(c) a deportation or extradition order has been made against 9
the prisoner; or 10
(d) an appeal has been made to a court against the prisoner's 11
conviction or sentence and the appeal is not decided; or 12
(e) the prisoner has been convicted of a sexual offence. 13
(2) When deciding whether to transfer a prisoner to a work camp, 14
the chief executive must consider-- 15
(a) all recommendations of the sentencing court; and 16
(b) the risk the prisoner may pose to the community, 17
including, for example, by considering-- 18
(i) the risk of the prisoner escaping or attempting to 19
escape; and 20
(ii) the risk of physical or psychological harm to a 21
member of the community and the degree of risk; 22
and 23
(iii) the prisoner's security classification; and 24
(c) anything else the chief executive considers relevant. 25
s 68 65 s 68
Corrective Services Bill 2006
Subdivision 2 Other transfer and removal of 1
prisoners 2
68 Transfer to another corrective services facility or a health 3
institution 4
(1) The chief executive may, by written order, transfer a prisoner 5
from a corrective services facility to-- 6
(a) another corrective services facility; or 7
(b) a place for-- 8
(i) medical or psychological examination or 9
treatment; or 10
(ii) examination or treatment for substance 11
dependency. 12
(2) The order may include the conditions the chief executive 13
reasonably considers necessary to effect the transfer. 14
(3) The prisoner must be escorted by a corrective services officer 15
or police officer. 16
(4) The prisoner may be detained in a place for as long as is 17
necessary or convenient to give effect to the order. 18
(5) If a prisoner is transferred to an authorised mental health 19
service and becomes a classified patient under the Mental 20
Health Act 2000, the patient is taken to be in the custody of 21
the administrator of the patient's treating health service under 22
that Act. 23
(6) The Judicial Review Act 1991, parts 3, 4 and 5, other than 24
section 41(1), do not apply to a decision made, or purportedly 25
made, under this section about transferring a prisoner. 26
27
Note--
28
The Judicial Review Act 1991, part 3 deals with statutory orders of
29
review, part 4 deals with reasons for decisions and part 5 deals with
30
prerogative orders and injunctions.
(7) In this section-- 31
decision includes a decision affected by jurisdictional error. 32
s 69 66 s 70
Corrective Services Bill 2006
69 Transfer to court 1
(1) The chief executive must produce a prisoner at the time and 2
place, and for the purpose, stated in a court order or an 3
attendance authority. 4
(2) A party to a civil proceeding who requires a prisoner to attend 5
court must pay to the chief executive the expenses for the 6
prisoner's attendance. 7
(3) The transfer of a prisoner to a court must be authorised by an 8
order of the chief executive, even if it is required by a court 9
order or an attendance authority. 10
(4) In this section-- 11
attendance authority means-- 12
(a) a summons under the Justices Act 1886; or 13
(b) a notice to appear under the Police Powers and 14
Responsibilities Act 2000. 15
civil proceeding does not include-- 16
(a) a criminal proceeding; or 17
(b) a proceeding relating to official misconduct alleged 18
against a staff member. 19
court includes a tribunal or person with power to compel 20
persons to attend before it, him or her. 21
70 Removal of prisoner for law enforcement purposes 22
(1) A person may, in the approved form, apply to the chief 23
executive for a prisoner to be removed from a corrective 24
services facility to another place to enable-- 25
(a) the prisoner to provide information to a law enforcement 26
agency to help the agency perform its law enforcement 27
functions; or 28
(b) a law enforcement agency to question the prisoner about 29
an indictable offence alleged to have been committed by 30
the prisoner. 31
(2) The chief executive may authorise the removal of the prisoner 32
only if the prisoner, in the presence of an official visitor, 33
agrees in writing. 34
s 71 67 s 71
Corrective Services Bill 2006
(3) The prisoner may be removed only by a corrective services 1
officer or police officer. 2
(4) While the prisoner is absent from the corrective services 3
facility, the prisoner is taken to be in the custody of the chief 4
executive of the law enforcement agency. 5
Subdivision 3 Reconsidering transfer decision 6
71 Reconsidering decision 7
(1) This section applies if-- 8
(a) the chief executive decides to transfer a prisoner under 9
section 66 or 68, other than as the prisoner's initial 10
placement after admission to a corrective services 11
facility; and 12
(b) the prisoner is dissatisfied with the decision. 13
(2) The prisoner may, within 7 days after being given notice of 14
the decision, apply in writing to the chief executive for a 15
reconsideration of the decision. 16
(3) After reconsidering the decision, the chief executive may 17
confirm, amend or cancel the decision. 18
(4) The Judicial Review Act 1991, parts 3, 4 and 5, other than 19
section 41(1), do not apply to a decision made, or purportedly 20
made, under subsection (3). 21
22
Note--
23
The Judicial Review Act 1991, part 3 deals with statutory orders of
24
review, part 4 deals with reasons for decisions and part 5 deals with
25
prerogative orders and injunctions.
(5) In this section-- 26
decision, for subsection (4), includes a decision affected by 27
jurisdictional error. 28
s 72 68 s 73
Corrective Services Bill 2006
Division 8 Leave of absence 1
Subdivision 1 Chief executive's powers 2
72 Power to grant leave 3
(1) The chief executive may, by written order, grant a prisoner-- 4
(a) leave for community service (community service leave); 5
or 6
(b) leave for compassionate reasons (compassionate leave); 7
or 8
(c) leave for educational or vocational activities 9
(educational leave); or 10
(d) leave for medical, dental or optical treatment (health 11
leave); or 12
(e) for a prisoner subject to a work order, leave for helping 13
the prisoner reintegrate into the community 14
(reintegration leave); or 15
(f) leave to participate in an approved resettlement leave 16
program for the prisoner (resettlement leave); or 17
(g) leave for another purpose the chief executive is satisfied 18
justifies granting the leave. 19
(2) The chief executive may grant the leave on reasonable 20
conditions stated in the order. 21
(3) For an order other than for reintegration leave or resettlement 22
leave, the chief executive may, if the chief executive 23
reasonably considers it necessary, order the prisoner remain in 24
the physical custody of, or be supervised by, a corrective 25
services officer during the leave. 26
(4) This section applies subject to sections 73, 74 and subdivision 27
3. 28
73 Compassionate leave 29
(1) Compassionate leave may be granted to enable a prisoner-- 30
s 74 69 s 74
Corrective Services Bill 2006
(a) to visit a relative who is seriously ill; or 1
(b) to attend a relative's funeral; or 2
(c) for a female prisoner who is the mother of a young 3
child--to establish the child with a replacement primary 4
care giver; or 5
(d) for a prisoner who, before being imprisoned, was the 6
primary care giver of a child--to maintain the 7
relationship with the child. 8
(2) The prisoner must prove the need for the leave to the chief 9
executive's satisfaction. 10
(3) When considering whether to grant compassionate leave to a 11
prisoner, the chief executive must take into account the 12
prisoner's culturally specific needs. 13
74 Resettlement leave 14
(1) The chief executive may only, and must, grant a prisoner 15
resettlement leave if there is an approved resettlement leave 16
program for the prisoner. 17
(2) Any conditions imposed by the chief executive on the 18
resettlement leave must be consistent with any conditions 19
imposed by the Queensland board on its approval of the 20
resettlement leave program. 21
(3) Subsection (1) does not apply if the chief executive receives 22
information that may result in the Queensland board 23
suspending or cancelling its approval of the resettlement leave 24
program. 25
(4) If the chief executive decides not to grant a prisoner 26
resettlement leave because the chief executive received 27
information mentioned in subsection (3), the chief executive 28
must immediately give the Queensland board written notice of 29
the decision. 30
s 75 70 s 76
Corrective Services Bill 2006
Subdivision 2 Parole board powers 1
75 Application for approval of resettlement leave program 2
(1) A prisoner serving a period of imprisonment of 8 years or 3
more may apply for the Queensland board's approval of a 4
resettlement leave program for the prisoner. 5
(2) The application may be made within 120 days before-- 6
(a) for a prisoner other than a prisoner mentioned in 7
paragraph (b)--the prisoner's resettlement leave 8
eligibility date; or 9
(b) for a prisoner who is serving a life sentence or is a 10
serious violent offender--the prisoner's parole 11
eligibility date. 12
(3) A default period of imprisonment for the non-payment of a 13
fine or restitution, that is ordered to be served cumulatively 14
with another period of imprisonment, is not to be taken into 15
account for subsection (1). 16
76 Power to approve resettlement leave program for 17
particular prisoners 18
(1) The Queensland board may, by written order, approve a 19
resettlement leave program for a prisoner, other than a 20
prisoner who is serving a life sentence or who is a serious 21
violent offender, before or after the prisoner's parole 22
eligibility date. 23
(2) Subsection (1) applies only if-- 24
(a) the prisoner-- 25
(i) is serving a period of imprisonment of 8 years or 26
more; and 27
(ii) has addressed the recommendations of the 28
sentencing court to the best of the prisoner's 29
ability; and 30
(b) the approved resettlement leave program starts on or 31
after the prisoner's resettlement leave eligibility date. 32
s 77 71 s 77
Corrective Services Bill 2006
(3) A default period of imprisonment for the non-payment of a 1
fine or restitution, that is ordered to be served cumulatively 2
with another period of imprisonment, is not to be taken into 3
account for subsection (2)(a)(i). 4
(4) In this section-- 5
resettlement leave eligibility date means the date that is less 6
than 1 year before the prisoner's parole eligibility date. 7
77 Power to approve resettlement leave program for 8
prisoner serving a life sentence, or serious violent 9
offender 10
(1) The Queensland board may, by written order, approve a 11
resettlement leave program for a prisoner who is serving a life 12
sentence or is a serious violent offender before or after the 13
prisoner's parole eligibility date. 14
(2) Subsection (1) applies only if-- 15
(a) the prisoner-- 16
(i) is serving a period of imprisonment of 8 years or 17
more; and 18
(ii) has addressed the recommendations of the 19
sentencing court to the best of the prisoner's 20
ability; and 21
(iii) if a court ordered that the prisoner serve a stated 22
period before being granted leave, the prisoner has 23
served at least the stated period; and 24
(b) the approved resettlement leave program starts on or 25
after the prisoner's parole eligibility date. 26
(3) In deciding whether to grant the approval, the Queensland 27
board must consider all recommendations of the sentencing 28
court about the prisoner. 29
(4) The Queensland board may impose conditions on the 30
approval. 31
(5) A default period of imprisonment for the non-payment of a 32
fine or restitution, that is ordered to be served cumulatively 33
with another period of imprisonment, is not to be taken into 34
account for subsection (2)(a)(i). 35
s 78 72 s 79
Corrective Services Bill 2006
78 Start of approved resettlement leave program 1
An approved resettlement leave program for a prisoner must 2
not start sooner than-- 3
(a) for a prisoner other than a serious violent offender--the 4
prisoner's resettlement leave eligibility date; or 5
(b) for a prisoner who is serving a life sentence or is a 6
serious violent offender--the prisoner's parole 7
eligibility date. 8
79 Amending, suspending or cancelling approval 9
(1) The Queensland board may, by written order-- 10
(a) amend, suspend or cancel its approval of a resettlement 11
leave program for a prisoner if the board reasonably 12
believes the prisoner-- 13
(i) has failed to comply with an order for the 14
resettlement leave made by the chief executive 15
under section 72(1)(f); or 16
(ii) poses a serious risk of harm to someone else; or 17
(iii) poses an unacceptable risk of committing an 18
offence; or 19
(iv) is preparing to leave Queensland, other than under 20
a written order granting the prisoner leave to travel 21
interstate or overseas; or 22
(b) amend or cancel the approval if the board receives 23
information that, had it been received before the 24
approval was given, would have resulted in the board 25
not giving the approval; or 26
(c) suspend or cancel the approval if the prisoner is charged 27
with committing an offence. 28
(2) The Queensland board must give the chief executive written 29
notice of a decision made by the board under subsection (1). 30
s 80 73 s 80
Corrective Services Bill 2006
80 Reconsidering parole board decision 1
(1) If the Queensland board amends, suspends or cancels its 2
approval for a resettlement leave program for a prisoner, the 3
board must give the prisoner an information notice-- 4
(a) if the approval is amended--immediately after 5
amending it; or 6
(b) if the approval is suspended or cancelled--on the 7
prisoner's return to prison. 8
(2) The Queensland board must consider all written submissions 9
given to the board by the prisoner within the 21 days 10
mentioned in the information notice and inform the prisoner, 11
by written notice, whether the board has changed its decision, 12
and if so, how. 13
(3) If the Queensland board changes its decision-- 14
(a) the changed decision has effect; and 15
(b) the board must give the chief executive written notice of 16
the changed decision. 17
(4) In this section-- 18
information notice means a notice-- 19
(a) stating that the board has decided to amend, suspend or 20
cancel the approval; and 21
(b) outlining the reason for the decision; and 22
(c) inviting the prisoner to show cause, by written 23
submissions given to the board within 21 days after the 24
notice is given, why the board should change its 25
decision. 26
s 81 74 s 82
Corrective Services Bill 2006
Subdivision 3 Restrictions on granting particular 1
leave 2
81 Leave for prisoner serving a life sentence, or serious 3
violent offender 4
(1) This section applies to the grant of any of the following leave 5
to a prisoner who is serving a life sentence or is a serious 6
violent offender-- 7
(a) community service leave; 8
(b) educational leave. 9
(2) If a court ordered that the prisoner serve a stated period before 10
being granted leave, the chief executive must not grant leave 11
to the prisoner unless the prisoner has served at least the stated 12
period. 13
(3) Otherwise, the chief executive must not grant leave to the 14
prisoner unless the prisoner has reached the prisoner's parole 15
eligibility date. 16
(4) In deciding whether to grant leave to the prisoner, the chief 17
executive must consider all recommendations of the 18
sentencing court about the prisoner. 19
82 Leave for other particular prisoners 20
(1) The following prisoners may be granted only compassionate 21
leave or health leave-- 22
(a) a prisoner detained on remand for an offence; 23
(b) a prisoner detained under the Migration Act 1958 24
(Cwlth); 25
(c) a prisoner imprisoned for an indefinite period for 26
contempt; 27
(d) a prisoner detained under the Criminal Law Amendment 28
Act 1945, part 3. 29
30
Note--
31
The Criminal Law Amendment Act 1945, part 3 deals with
32
indeterminate detention of offenders convicted of sexual
33
offences.
s 83 75 s 85
Corrective Services Bill 2006
(2) The prisoner must remain in the physical custody of a 1
corrective services officer during the leave. 2
Subdivision 4 Other provisions about leave of 3
absence 4
83 Prisoner's expenses while on leave 5
(1) The chief executive may authorise a prisoner granted leave of 6
absence to be given money or something else the chief 7
executive reasonably considers necessary to meet the 8
prisoner's requirements while on the leave. 9
(2) The prisoner must return to the chief executive the unused 10
portion of money given to the prisoner. 11
84 Prisoner's duties while on leave 12
(1) The chief executive must give a prisoner granted leave of 13
absence a copy of the order granting the leave. 14
(2) While on the leave, the prisoner must-- 15
(a) keep the copy of the order in the prisoner's possession; 16
and 17
(b) if asked by a police officer or a corrective services 18
officer, produce the copy of the order for inspection by 19
the officer. 20
(3) The prisoner must comply with the conditions stated in the 21
order, unless the prisoner has a reasonable excuse. 22
Maximum penalty for subsection (3)--6 months 23
imprisonment. 24
85 Suspending or cancelling order for leave of absence 25
(1) The chief executive may suspend the operation of an order for 26
a prisoner's leave of absence and require the prisoner to return 27
to a corrective services facility if the chief executive 28
reasonably believes the prisoner-- 29
(a) has failed to comply with the order; or 30
s 86 76 s 88
Corrective Services Bill 2006
(b) poses a serious and immediate risk of harm to someone 1
else; or 2
(c) poses an unacceptable risk of committing an offence. 3
(2) If the Queensland board suspends or cancels its approval of a 4
resettlement leave program for a prisoner, the chief executive 5
must cancel the operation of the order for the prisoner's 6
resettlement leave. 7
(3) The chief executive must notify the prisoner of the suspension 8
or cancellation of the order before requiring the prisoner to 9
return, unless the chief executive reasonably believes the 10
prisoner poses a serious and immediate risk of harm to 11
someone else. 12
86 Notice to Queensland board about suspension of order 13
for resettlement leave 14
(1) Immediately on suspending an order for resettlement leave, 15
the chief executive must give written notice of the grounds for 16
the suspension to the secretary of the Queensland board. 17
(2) The chief executive must give the board any further 18
information about the suspension the board requires. 19
87 Leave of absence is part of period of imprisonment 20
The time spent by a prisoner on leave of absence, whether 21
before or after the commencement of this section, counts as 22
time served under the prisoner's period of imprisonment. 23
88 When leave of absence is not required 24
Leave of absence is not required to authorise the transfer of a 25
prisoner from a corrective services facility-- 26
(a) to another part of the facility; or 27
(b) to another corrective services facility, if the prisoner 28
does not go anywhere else on the way to the other 29
corrective services facility. 30
s 89 77 s 90
Corrective Services Bill 2006
Division 9 Interstate leave of absence 1
Subdivision 1 Interstate leave permit 2
89 Interstate leave permit 3
(1) The chief executive may, by written order (interstate leave 4
permit) issued to a prisoner, grant leave to the prisoner to 5
travel to and from, and remain in, a participating State for a 6
stated period of not more than 7 days for a purpose prescribed 7
under a regulation. 8
(2) The interstate leave permit is subject to the conditions, 9
including conditions about escorting the prisoner, the chief 10
executive states in the permit. 11
12
Example--
13
The chief executive may require a corrective services officer to escort
14
the prisoner while on leave.
(3) The prisoner must comply with the conditions of the interstate 15
leave permit, unless the prisoner has a reasonable excuse. 16
Maximum penalty for subsection (3)--6 months 17
imprisonment. 18
90 Effect of interstate leave permit 19
(1) An interstate leave permit issued to a prisoner authorises the 20
prisoner to be absent from the corrective services facility-- 21
(a) for the purpose and period stated in the permit; and 22
(b) as stated in the permit, either-- 23
(i) unescorted; or 24
(ii) while being escorted. 25
(2) An interstate leave permit requiring the prisoner to be 26
escorted authorises the prisoner to be escorted-- 27
(a) to the participating State, whether or not across another 28
State, and within the participating State; and 29
(b) back to the corrective services facility. 30
s 91 78 s 93
Corrective Services Bill 2006
(3) While a prisoner is on leave under an interstate leave permit, 1
the prisoner remains in the chief executive's custody. 2
(4) The time spent by a prisoner on leave under an interstate leave 3
permit counts as time served under the prisoner's period of 4
imprisonment, but only if the prisoner does not breach a 5
condition of the permit. 6
91 Amending or cancelling permit 7
(1) The chief executive may, by signed instrument, amend or 8
cancel an interstate leave permit. 9
(2) The amendment or cancellation takes effect immediately the 10
chief executive signs the instrument. 11
92 Notice to participating State 12
(1) On the granting of an interstate leave permit, the chief 13
executive must give written notice of the issue, and period, of 14
the permit to-- 15
(a) the corresponding chief executive and chief officer of 16
police of the participating State; and 17
(b) the chief officer of police of any other State through 18
which the prisoner is to travel to reach the participating 19
State. 20
(2) In this section-- 21
corresponding chief executive, of a participating State, means 22
the officer responsible for the administration of corrective 23
services in that State. 24
93 Liability for damage 25
(1) The State is liable for any damage or loss sustained by anyone 26
in a participating State that is caused by the act or omission of 27
a prisoner, or a person escorting the prisoner, while in the 28
participating State because of an interstate leave permit. 29
(2) Nothing in this section affects or limits any right of action the 30
State may have against the prisoner or person for the damage 31
or loss. 32
s 94 79 s 95
Corrective Services Bill 2006
Subdivision 2 Corresponding interstate leave 1
permit 2
94 Effect of corresponding interstate leave permit 3
(1) This section applies to a person who is authorised to escort an 4
interstate prisoner under a corresponding interstate leave 5
permit (the interstate escort). 6
(2) The interstate escort is authorised, in Queensland, to escort 7
the prisoner-- 8
(a) for the purposes stated in the permit, including for the 9
purpose of returning the interstate prisoner to the 10
participating State; and 11
(b) for the period stated in the permit. 12
95 Escape of interstate prisoner 13
(1) This section applies to an interstate prisoner who is in 14
Queensland under a corresponding interstate leave permit. 15
(2) If the interstate prisoner escapes from custody, the prisoner 16
may be arrested without warrant by the prisoner's interstate 17
escort, a police officer or someone else. 18
(3) If the interstate prisoner has escaped and been arrested, or has 19
attempted to escape, the prisoner may be taken before a 20
magistrate. 21
(4) Despite the terms of the corresponding interstate leave permit, 22
the magistrate may, by warrant, order the interstate prisoner-- 23
(a) to be returned to the participating State; and 24
(b) to be delivered to an interstate escort. 25
(5) The warrant may be executed according to its terms. 26
(6) The interstate prisoner mentioned in the warrant may be 27
detained as a prisoner of the State-- 28
(a) for 14 days after the warrant is issued; or 29
(b) until the prisoner is delivered into the custody of an 30
interstate escort, if that happens before the end of the 14 31
days. 32
s 96 80 s 97
Corrective Services Bill 2006
(7) If the interstate prisoner is not delivered into the custody of an 1
interstate escort within 14 days after the warrant is issued, the 2
warrant ceases to have effect. 3
Subdivision 3 Corresponding law 4
96 Corresponding law 5
A regulation may declare a law of another State to be a 6
corresponding law for this division if the law substantially 7
corresponds to the provisions of this division. 8
Division 10 Conditional release 9
Subdivision 1 Eligibility for conditional release 10
97 Eligibility 11
(1) A prisoner is eligible for conditional release if the prisoner-- 12
(a) was sentenced before the commencement of this section 13
to a term of imprisonment for an offence committed on 14
or after 1 July 2001 resulting in the prisoner's period of 15
imprisonment being 2 years or less; and 16
(b) has served two-thirds of the period of imprisonment. 17
(2) However, the prisoner is not eligible for conditional release 18
if-- 19
(a) the prisoner has been convicted of an offence committed 20
during the period of imprisonment; or 21
(b) the prisoner is being detained on remand for another 22
offence; or 23
(c) the prisoner is eligible for release on parole under 24
chapter 5, part 1, division 1, subdivision 2; or 25
(d) the prisoner must be released on parole under a court 26
ordered parole order. 27
s 98 81 s 99
Corrective Services Bill 2006
(3) A default period of imprisonment for the non-payment of a 1
fine or restitution, that is ordered to be served cumulatively 2
with another period of imprisonment, is not to be taken into 3
account for this section, including, for example, when 4
calculating the period of imprisonment for subsection (1)(a). 5
Subdivision 2 Conditional release order 6
98 Making order 7
(1) The chief executive may, by written order (conditional 8
release order), grant a prisoner conditional release if 9
satisfied-- 10
(a) the prisoner's release does not pose an unacceptable risk 11
to the community; and 12
(b) the prisoner has been of good conduct and industry. 13
(2) The conditional release order may contain the conditions the 14
chief executive considers reasonably necessary for any of the 15
following-- 16
(a) to help the prisoner reintegrate into the community; 17
(b) to secure the prisoner's good conduct; 18
(c) to stop the prisoner committing an offence. 19
(3) The chief executive must give a copy of the order to the 20
prisoner on or before the day on which the prisoner is 21
released. 22
99 Risk to community 23
In deciding whether the prisoner's release poses an 24
unacceptable risk to the community, the matters the chief 25
executive may consider include the following-- 26
(a) the possibility of the prisoner committing a further 27
offence; 28
(b) the risk of physical or psychological harm to a member 29
of the community and the degree of risk; 30
s 100 82 s 101
Corrective Services Bill 2006
(c) the prisoner's past offences and any pattern of 1
offending; 2
(d) whether the circumstances of the offence or offences for 3
which the prisoner was convicted were exceptional 4
when compared with the majority of offences of that 5
kind committed; 6
(e) whether there are any other circumstances that may 7
increase the risk to the community when compared with 8
the risk posed by an offender committing offences of 9
that kind; 10
(f) any relevant remarks made by the sentencing court; 11
(g) any relevant medical or psychological report relating to 12
the prisoner; 13
(h) any relevant behavioural report relating to the prisoner. 14
100 Good conduct and industry 15
(1) In deciding whether the prisoner has been of good conduct 16
and industry, the chief executive must consider the 17
following-- 18
(a) whether the prisoner has complied with all requirements 19
to which the prisoner was subject; 20
(b) whether the prisoner has undergone separate 21
confinement for a major breach of discipline; 22
(c) whether the prisoner has participated in programs 23
recommended by the chief executive to the best of the 24
prisoner's ability. 25
(2) Subsection (1) does not limit the matters the chief executive 26
may consider in deciding whether the prisoner has been of 27
good conduct and industry. 28
101 Refusing conditional release 29
(1) If the chief executive is considering refusing to make a 30
conditional release order, the chief executive must give the 31
prisoner a notice-- 32
s 102 83 s 104
Corrective Services Bill 2006
(a) stating the chief executive is considering refusing to 1
make the order; and 2
(b) outlining the reason for the proposed refusal; and 3
(c) inviting the prisoner to show cause, by written 4
submissions given to the chief executive within 21 days 5
after the notice is given, why the order should be 6
granted. 7
(2) The chief executive must consider all written submissions 8
made within the 21 days and inform the prisoner, by written 9
notice, whether the conditional release order is granted or 10
refused. 11
Subdivision 3 Amending, suspending or 12
cancelling order 13
102 Definition for sdiv 3 14
In this subdivision-- 15
suspend means suspend for a fixed or indeterminate period. 16
103 Amendment, suspension or cancellation 17
The chief executive may, by written order, amend, suspend or 18
cancel a conditional release order if the chief executive 19
reasonably believes the prisoner subject to the order has-- 20
(a) failed to comply with the order; or 21
(b) been charged with committing an offence. 22
104 Warrant for prisoner's arrest 23
(1) If the chief executive suspends or cancels the conditional 24
release order, the chief executive may issue a warrant for the 25
prisoner's arrest. 26
(2) The warrant may be directed to all police officers. 27
28
Note--
29
See also the Police Powers and Responsibilities Act 2000, section 449.
s 105 84 s 106
Corrective Services Bill 2006
(3) When arrested, the prisoner must be taken to a corrective 1
services facility-- 2
(a) if the order was suspended for a period--to be kept there 3
for the suspension period; or 4
(b) if the order was cancelled--to serve the unexpired 5
portion of the prisoner's period of imprisonment. 6
105 Information notice and changing chief executive's 7
decision 8
(1) The chief executive must give the prisoner an information 9
notice on the prisoner's return to prison. 10
(2) The information notice must invite the prisoner to show cause, 11
by written submission given to the chief executive within 21 12
days after the day the notice is given, why the chief executive 13
should change the chief executive's decision to suspend or 14
cancel the conditional release order. 15
(3) The chief executive must consider all written submissions 16
given to the chief executive by the prisoner within the 21 days 17
mentioned in the information notice. 18
(4) The chief executive must inform the prisoner, by written 19
notice, whether the chief executive has changed the decision, 20
and if so, how. 21
(5) If the chief executive changes the decision, the changed 22
decision has effect. 23
106 Automatic cancellation 24
(1) This section applies if the prisoner is convicted, during the 25
period of the conditional release order or after its expiry, of an 26
offence-- 27
(a) committed during the period of the order; and 28
(b) for which the prisoner is sentenced to a term of 29
imprisonment that is not wholly suspended. 30
(2) The conditional release order is taken to have been 31
automatically cancelled when the prisoner committed the 32
offence. 33
s 107 85 s 108
Corrective Services Bill 2006
(3) The time for which the prisoner was released under the 1
conditional release order before the prisoner committed the 2
offence counts as time served under the prisoner's period of 3
imprisonment. 4
Subdivision 4 Expiry of order 5
107 Expiry 6
A prisoner is taken to have served the prisoner's period of 7
imprisonment if the prisoner's conditional release order 8
expires without being cancelled under section 103 or 106. 9
Division 11 Discharge or release 10
108 Discharge or release 11
(1) On a prisoner's release day, the prisoner must be discharged 12
or released at the time decided by the chief executive. 13
(2) Subsection (3) applies if the prisoner's release day would, 14
apart from that subsection, be-- 15
(a) a Saturday or Sunday; or 16
(b) a public holiday throughout Queensland; or 17
(c) a public holiday at the place where the prisoner is held 18
in custody. 19
(3) The prisoner must be discharged or released on the last day 20
before the release day that is not a day mentioned in 21
subsection (2)(a), (b) or (c). 22
(4) The chief executive may give a prisoner the help the chief 23
executive reasonably considers appropriate when the prisoner 24
is discharged or released. 25
26
Example--
27
help with bus or train fares
(5) In this section-- 28
release day means the day on which a prisoner is to be-- 29
s 109 86 s 110
Corrective Services Bill 2006
(a) released on conditional release; or 1
(b) released on parole; or 2
(c) discharged. 3
109 Effect of remission on discharge day for cumulative 4
sentence 5
(1) This section applies if a prisoner is serving a term of 6
imprisonment (the second term) cumulatively with another 7
term of imprisonment (the first term). 8
(2) For working out the prisoner's discharge day, the second term 9
starts at the end of the first term, taking into account any 10
remission granted under any of the repealed Acts in relation to 11
the first term, including a remission granted after the 12
commencement of this section. 13
14
Note--
15
For a remission granted after the commencement, see sections 401 and
16
402.
110 Discharge within 7 days before discharge day 17
(1) This section applies to a person-- 18
(a) who is-- 19
(i) a prisoner; or 20
(ii) a person who has been sentenced to a term of 21
imprisonment and is in the commissioner's 22
custody; and 23
(b) who has served at least half of the person's period of 24
imprisonment. 25
(2) The chief executive may order that the person be discharged 26
within 7 days immediately before the person's discharge day. 27
28
Example--
29
The person's discharge day falls on a Friday but transport to the person's
30
community is only available on a Wednesday. The person may be
31
discharged on the Wednesday before the discharge day.
s 111 87 s 111
Corrective Services Bill 2006
111 Remaining in corrective services facility after discharge 1
day 2
(1) A prisoner may apply in writing to the chief executive for 3
permission to remain in a corrective services facility after the 4
prisoner's discharge day. 5
(2) The chief executive may grant or refuse to grant the 6
permission. 7
(3) If the chief executive grants the permission, the prisoner-- 8
(a) is taken to have completed the prisoner's period of 9
imprisonment on the prisoner's discharge day; and 10
(b) must be discharged within 4 days after the discharge 11
day. 12
(4) While a person who was a prisoner remains in a corrective 13
services facility after the person's discharge day, a corrective 14
services officer may give the person a direction the officer 15
reasonably considers necessary for the security or good order 16
of the facility or a person's safety. 17
(5) The person must comply with the direction, unless the person 18
has a reasonable excuse. 19
Maximum penalty--40 penalty units. 20
(6) If the person fails to comply with the direction-- 21
(a) the corrective services officer may direct the person to 22
leave the corrective services facility; and 23
(b) if the person fails to leave the facility--a corrective 24
services officer may, as directed by the chief executive 25
and using reasonably necessary force, remove the 26
person from the facility. 27
(7) Subsection (6) applies whether or not the person is charged 28
with an offence against subsection (5). 29
s 112 88 s 112
Corrective Services Bill 2006
Division 12 Arrest of prisoners 1
112 Arresting prisoner unlawfully at large 2
(1) If a prisoner is unlawfully at large, a corrective services 3
officer may-- 4
(a) arrest the prisoner without warrant; or 5
(b) apply in writing to an authorised person for the issue of 6
a warrant for the prisoner's arrest. 7
8
Note--
9
See also the Police Powers and Responsibilities Act 2000, section 199.
(2) The authorised person may issue the warrant only if satisfied 10
the prisoner is unlawfully at large. 11
(3) The warrant may be directed to all corrective services officers 12
and may be executed by any of them. 13
(4) The period during which a prisoner is unlawfully at large does 14
not count as part of the prisoner's period of imprisonment. 15
(5) In this section-- 16
authorised person means-- 17
(a) if a prisoner is unlawfully at large after a parole order 18
has been suspended or cancelled--a parole board; or 19
(b) in any case--the chief executive or a magistrate. 20
unlawfully at large, for a prisoner, includes-- 21
(a) when the prisoner has been mistakenly discharged 22
before the prisoner's discharge day; and 23
(b) when the prisoner has escaped from lawful custody. 24
s 113 89 s 113
Corrective Services Bill 2006
Chapter 3 Breaches of discipline and 1
offences 2
Part 1 Breaches of discipline by 3
prisoners 4
113 Breaches of discipline generally 5
(1) A regulation may prescribe an act or omission to be a breach 6
of discipline by a prisoner. 7
(2) A corrective services officer need not start proceedings 8
against a prisoner for a breach of discipline if the officer 9
considers the proceedings should not be started having regard 10
to-- 11
(a) the trivial nature of the breach; or 12
(b) the circumstances surrounding the commission of the 13
breach; or 14
(c) the prisoner's previous conduct. 15
(3) A corrective services officer must not start proceedings 16
against a prisoner for a breach of discipline if the prisoner's 17
act or omission was referred to the commissioner under 18
section 114(2)(b), unless the commissioner has advised the 19
chief executive that the matter is not to be prosecuted as an 20
offence. 21
(4) If a corrective services officer decides to start proceedings 22
against a prisoner for a breach of discipline, the officer must 23
decide, having regard to the matters mentioned in subsection 24
(2), whether the prisoner should be proceeded against for a 25
major breach of discipline or a minor breach of discipline. 26
(5) However, if a prisoner's act or omission was referred to the 27
commissioner under section 114(2)(b) and is not to be 28
prosecuted as an offence, a corrective services officer may 29
only decide whether the prisoner should be proceeded against 30
for a major breach of discipline. 31
s 114 90 s 116
Corrective Services Bill 2006
114 Breach of discipline constituting an offence 1
(1) If a corrective services officer observes, or obtains knowledge 2
of, a prisoner's act or omission that could be dealt with either 3
as an offence or as a breach of discipline, the officer must 4
immediately inform the chief executive of the act or omission. 5
(2) The chief executive must-- 6
(a) within 24 hours after receiving the information, tell the 7
prisoner that the matter is to be referred to the 8
commissioner; and 9
(b) within 48 hours after telling the prisoner under 10
paragraph (a), refer the matter to the commissioner. 11
115 Prisoner not to be punished twice for same act or 12
omission 13
(1) A prisoner must not be punished for an act or omission as a 14
breach of discipline if the prisoner has been convicted or 15
acquitted of an offence for the same act or omission. 16
(2) A prisoner must not be charged with an offence because of an 17
act or omission if the prisoner has been punished for the act or 18
omission as a breach of discipline. 19
116 Considering whether breach of discipline committed 20
(1) If a corrective services officer starts proceedings against a 21
prisoner for a breach of discipline, a deciding officer must 22
conduct a hearing to decide whether the breach was 23
committed. 24
(2) The time within which the decision must be made is-- 25
(a) if the matter was referred to the commissioner and the 26
commissioner advised the chief executive that the matter 27
is not to be prosecuted as an offence--as soon as 28
practicable, but within 14 days, after the chief executive 29
receives the advice; or 30
(b) if paragraph (a) does not apply-- 31
(i) for a minor breach of discipline--within 24 hours 32
after the alleged time the alleged breach happened; 33
or 34
s 117 91 s 117
Corrective Services Bill 2006
(ii) for a major breach of discipline--as soon as 1
practicable, but within 14 days, after the deciding 2
officer becomes aware of the alleged breach. 3
(3) The deciding officer must-- 4
(a) tell the prisoner of any evidence supporting the 5
allegation of the breach of discipline; and 6
(b) give the prisoner a reasonable opportunity to make 7
submissions in the prisoner's defence, including, for 8
example, by attending the hearing and-- 9
(i) questioning any witness called by the chief 10
executive; and 11
(ii) calling a person within the corrective services 12
facility to give evidence in the prisoner's defence, 13
unless the deciding officer considers the evidence 14
may be given in writing or in another form; and 15
(c) give the prisoner a reasonable opportunity to make 16
submissions in mitigation of punishment. 17
(4) The deciding officer may question the prisoner and anyone 18
else who may be able to provide relevant information. 19
(5) Neither the corrective services officer who alleges the breach 20
nor the prisoner are allowed any legal or other representation 21
before the deciding officer. 22
(6) However, the prisoner may be helped by someone from the 23
corrective services facility if the prisoner is disadvantaged by 24
language barriers or impaired mental capacity. 25
(7) The deciding officer is not bound by the rules of evidence but 26
may, subject to a regulation, inform himself or herself about 27
the matter in the way the deciding officer thinks appropriate. 28
117 Further provisions about considering major breach of 29
discipline 30
(1) The consideration of a major breach of discipline must be 31
videotaped. 32
(2) After considering a major breach of discipline and deciding it 33
is appropriate in the circumstances, the deciding officer 34
may-- 35
s 118 92 s 118
Corrective Services Bill 2006
(a) declare the breach to be a minor breach of discipline; 1
and 2
(b) continue the proceedings against the prisoner for the 3
minor breach of discipline. 4
118 Consequences of breach of discipline 5
(1) This section applies if a deciding officer-- 6
(a) is satisfied, on the balance of probabilities, that a 7
prisoner has committed a minor breach of discipline; or 8
(b) is satisfied, beyond reasonable doubt, that a prisoner has 9
committed a major breach of discipline. 10
(2) The deciding officer may-- 11
(a) reprimand the prisoner without further punishment; or 12
(b) order that privileges the prisoner may have otherwise 13
received be forfeited-- 14
(i) for a minor breach of discipline--in the 24 hours 15
starting when the prisoner is advised of the 16
decision; or 17
(ii) for a major breach of discipline--in the 7 days 18
starting when the prisoner is advised of the 19
decision; or 20
(c) subject to section 121, order the prisoner to undergo 21
separate confinement. 22
(3) However, separate confinement may be ordered for a minor 23
breach of discipline only if the prisoner has habitually 24
committed minor breaches of discipline and, on the occasion 25
of the breach immediately preceding the alleged current 26
breach, was warned that the next breach could result in the 27
prisoner being separately confined. 28
(4) Immediately after making the decision, the deciding officer 29
must tell the prisoner-- 30
(a) the decision; and 31
(b) that the prisoner may have the decision reviewed; and 32
(c) how the prisoner may have the decision reviewed. 33
s 119 93 s 119
Corrective Services Bill 2006
(5) If the prisoner wants to have the decision reviewed, the 1
prisoner must tell the deciding officer immediately after being 2
told the decision. 3
(6) If the prisoner tells the deciding officer that the prisoner wants 4
to have the decision reviewed, the deciding officer's decision 5
is stayed until the review is finished. 6
119 Review of decision 7
(1) A review of a decision that a prisoner has committed a breach 8
of discipline must be conducted by a corrective services 9
officer (the reviewing officer) who holds a more senior office 10
than the deciding officer. 11
(2) The review must be-- 12
(a) by way of rehearing, unaffected by the decision, on the 13
material before the deciding officer and any further 14
evidence allowed by the reviewing officer; and 15
(b) carried out as soon as practicable after the prisoner tells 16
the deciding officer that the prisoner wants the decision 17
reviewed. 18
(3) The prisoner may be present at the review hearing and make 19
submissions in the prisoner's defence or in mitigation of 20
punishment. 21
(4) Neither the deciding officer nor the prisoner are allowed any 22
legal or other representation at the review hearing. 23
(5) However, the prisoner may be helped by someone from the 24
corrective services facility if the prisoner is disadvantaged by 25
language barriers or impaired mental capacity. 26
(6) For a major breach of discipline, the review hearing must be 27
videotaped. 28
(7) The reviewing officer may-- 29
(a) confirm the decision; or 30
(b) vary the decision; or 31
(c) set the decision aside and substitute another decision; or 32
(d) for a major breach of discipline-- 33
s 120 94 s 121
Corrective Services Bill 2006
(i) declare the breach to be a minor breach of 1
discipline; and 2
(ii) set the decision aside and substitute another 3
decision. 4
(8) Immediately after making the review decision, the reviewing 5
officer must tell the prisoner of the decision. 6
(9) The review decision is not subject to appeal or further review 7
under this Act. 8
120 Disciplinary breach register 9
The chief executive must keep a register for each corrective 10
services facility containing details of the following about 11
prisoners at the facility-- 12
(a) each decision to deal with a prisoner for a breach of 13
discipline; 14
(b) each decision that a prisoner has committed a breach of 15
discipline, including whether the prisoner was warned 16
that the next breach could result in the prisoner being 17
separately confined; 18
(c) each review of a decision that a prisoner has committed 19
a breach of discipline. 20
121 Separate confinement 21
(1) An order for a prisoner to undergo separate confinement 22
must-- 23
(a) state the period of separate confinement; and 24
(b) take any special needs of the prisoner into account; and 25
(c) contain directions about the extent to which the prisoner 26
is to receive privileges. 27
(2) The period of separate confinement stated in the order must 28
not be more than 7 days. 29
(3) A doctor must examine the prisoner as soon as practicable 30
after the order-- 31
s 122 95 s 122
Corrective Services Bill 2006
(a) takes effect; and 1
(b) ceases to have effect. 2
Part 2 Offences by prisoners 3
122 Unlawful assembly, riot and mutiny 4
(1) A prisoner must not take part in an unlawful assembly. 5
Maximum penalty--3 years imprisonment. 6
(2) A prisoner must not take part in a riot or mutiny. 7
Maximum penalty-- 8
(a) if, during the riot or mutiny, the prisoner wilfully and 9
unlawfully damages or destroys, or attempts to damage 10
or destroy, property that is part of a corrective services 11
facility and the security of the facility is endangered by 12
the act--life imprisonment; or 13
(b) if, during the riot or mutiny, the prisoner demands 14
something be done or not be done with threats of injury 15
or detriment to any person or property--14 years 16
imprisonment; or 17
(c) if, during the riot or mutiny, the prisoner escapes or 18
attempts to escape from lawful custody, or helps another 19
prisoner to escape or attempt to escape from lawful 20
custody--14 years imprisonment; or 21
(d) if, during the riot or mutiny, the prisoner wilfully and 22
unlawfully damages or destroys, or attempts to damage 23
or destroy, any property--10 years imprisonment; or 24
(e) otherwise--6 years imprisonment. 25
(3) An offence against this section is a crime. 26
(4) In this section-- 27
mutiny means 3 or more prisoners collectively challenging 28
authority under this Act, with intent to subvert the authority, if 29
the security of the corrective services facility is endangered. 30
prisoner means a prisoner in a corrective services facility. 31
s 123 96 s 123
Corrective Services Bill 2006
riot means an unlawful assembly that has begun to act in so 1
tumultuous a way as to disturb the peace. 2
unlawful assembly means 3 or more prisoners-- 3
(a) assembled with intent to carry out a common purpose 4
and there are reasonable grounds to believe the prisoners 5
will-- 6
(i) tumultuously disturb the peace; or 7
(ii) provoke other prisoners to tumultuously disturb the 8
peace; or 9
(b) who, having assembled with intent to carry out a 10
common purpose, whether or not the assembly was 11
lawful, conduct themselves in a way that there are 12
reasonable grounds to believe the prisoners will-- 13
(i) tumultuously disturb the peace; or 14
(ii) provoke other prisoners to tumultuously disturb the 15
peace. 16
123 Dealing with prohibited thing 17
(1) A regulation may prescribe a thing to be a prohibited thing. 18
(2) A prisoner in a corrective services facility must not deal, or 19
attempt to deal, with-- 20
(a) a prohibited thing; or 21
(b) something intended to be used by a prisoner to make a 22
prohibited thing. 23
Maximum penalty--2 years imprisonment. 24
(3) However, subsection (2) does not apply to-- 25
(a) making or attempting to make a thing if the prisoner has 26
the chief executive's written approval to make it; or 27
(b) possession of a thing if the prisoner has the chief 28
executive's written approval to possess it. 29
(4) The finding of a prohibited thing in a prisoner's room that is 30
not shared with another prisoner, or on the person of a 31
prisoner, in a corrective services facility is evidence the thing 32
was in the prisoner's possession when it was found. 33
s 124 97 s 124
Corrective Services Bill 2006
(5) In this section-- 1
deal with, a thing, means make, possess, conceal or 2
knowingly consume the thing. 3
124 Other offences 4
A prisoner must not-- 5
(a) prepare to escape from lawful custody; or 6
7
Note--
8
See the Criminal Code, section 142 for the offence of escaping
9
from lawful custody.
(b) assault or obstruct a staff member who is performing a 10
function or exercising a power under this Act or is in a 11
corrective services facility; or 12
(c) disobey a lawful direction of the proper officer of a court 13
or a person assisting the proper officer of a court; or 14
(d) organise, attempt to organise or take part in any 15
opposition to authority under this Act, whether inside or 16
outside a corrective services facility; or 17
(e) threaten to do grievous bodily harm to someone else; or 18
(f) unlawfully kill or injure, or attempt to unlawfully kill or 19
injure, a corrective services dog; or 20
(g) obstruct a corrective services dog working under the 21
control of a corrective services officer who is 22
performing duties under this Act; or 23
(h) assume another identity, or disguise himself or herself, 24
in order to commit an offence against this Act; or 25
(i) wilfully and unlawfully destroy, damage, remove or 26
otherwise interfere with any part of a corrective services 27
facility or any property in the facility; or 28
(j) without lawful authority, abstract or remove information 29
from, copy or destroy information in, or make a false 30
entry in, a record kept under this Act; or 31
(k) without reasonable excuse, be unlawfully at large. 32
Maximum penalty--2 years imprisonment. 33
s 125 98 s 127
Corrective Services Bill 2006
Part 3 General offences 1
125 Definition for pt 3 2
In this part-- 3
person does not include a prisoner, other than a prisoner who 4
is released on parole or a supervised dangerous prisoner 5
(sexual offender). 6
126 Helping prisoner at large 7
(1) A person must not aid someone that the person knows, or 8
ought reasonably know, is a prisoner who is unlawfully at 9
large. 10
Maximum penalty--100 penalty units or 2 years 11
imprisonment. 12
(2) In this section-- 13
aid includes abet, employ, harbour and maintain. 14
127 Obstructing staff member or proper officer of a court 15
(1) A person must not obstruct a staff member who is performing 16
a function or exercising a power under this Act, unless the 17
person has a reasonable excuse. 18
Maximum penalty--40 penalty units or 1 year's 19
imprisonment. 20
(2) A person must not obstruct the proper officer of a court who is 21
performing a function or exercising a power under this Act, 22
unless the person has a reasonable excuse. 23
Maximum penalty--40 penalty units or 1 year's 24
imprisonment. 25
(3) A person who obstructs a corrective services dog under the 26
control of a corrective services officer who is performing 27
duties under this Act is taken to obstruct a corrective services 28
officer. 29
(4) In this section-- 30
obstruct includes hinder, resist and attempt to obstruct. 31
s 128 99 s 129
Corrective Services Bill 2006
128 Taking prohibited thing into corrective services facility or 1
giving prohibited thing to prisoner 2
(1) A person must not-- 3
(a) take, or attempt to take, a prohibited thing into a 4
corrective services facility; or 5
(b) cause, or attempt to cause, a prohibited thing to be taken 6
into a corrective services facility; or 7
(c) give, or attempt to give, a prohibited thing to a prisoner 8
in a corrective services facility or to a prisoner of a 9
court; or 10
(d) cause, or attempt to cause, a prohibited thing to be given 11
to a prisoner in a corrective services facility or to a 12
prisoner of a court. 13
Maximum penalty--100 penalty units or 2 years 14
imprisonment. 15
(2) A person does not commit an offence against subsection (1) 16
if, for the relevant act carried out or attempted, the person has 17
the approval of-- 18
(a) if the act relates to a corrective services facility or a 19
prisoner--the chief executive; or 20
(b) if the act relates to a prisoner of a court--the proper 21
officer of the court. 22
(3) In this section-- 23
give includes send. 24
prohibited thing includes something that the person intends 25
the prisoner or prisoner of a court to use to make a prohibited 26
thing. 27
129 Removing things from corrective services facility 28
(1) A person must not, without the chief executive's approval-- 29
(a) remove, or attempt to remove, anything from a 30
corrective services facility; or 31
(b) cause, or attempt to cause, anything to be removed from 32
a corrective services facility; or 33
s 130 100 s 132
Corrective Services Bill 2006
(c) take, or attempt to take, anything from a prisoner 1
whether inside or outside a corrective services facility. 2
Maximum penalty--40 penalty units. 3
(2) Subsection (1)(c) does not apply to a corrective services 4
officer acting in the course of the officer's duties as a 5
corrective services officer. 6
130 Unlawful entry 7
A person must not-- 8
(a) enter, or attempt to enter, a corrective services facility 9
without the chief executive's approval; or 10
(b) assume a false identity for the purpose of entering a 11
corrective services facility. 12
Maximum penalty--100 penalty units or 2 years 13
imprisonment. 14
131 Killing or injuring corrective services dog 15
(1) A person must not, without the chief executive's approval-- 16
(a) kill or injure a corrective services dog; or 17
(b) attempt to kill or injure a corrective services dog. 18
Maximum penalty--100 penalty units or 2 years 19
imprisonment. 20
(2) If a person is convicted of killing or injuring a corrective 21
services dog, the court may, in addition to a penalty imposed 22
under subsection (1), order the person to pay to the chief 23
executive the reasonable costs of the chief executive for-- 24
(a) veterinary treatment and care of the dog; or 25
(b) retraining the dog; or 26
(c) acquiring and training a replacement dog. 27
132 Interviewing and photographing prisoner etc. 28
(1) A person must not-- 29
s 133 101 s 133
Corrective Services Bill 2006
(a) interview a prisoner, or obtain a written or recorded 1
statement from a prisoner, whether the prisoner is inside 2
or outside a corrective services facility; or 3
4
Note--
5
Prisoner, as defined in schedule 4, includes a prisoner released
6
on parole.
(b) photograph or attempt to photograph-- 7
(i) a prisoner inside a corrective services facility; or 8
(ii) a part of a corrective services facility. 9
Maximum penalty--100 penalty units or 2 years 10
imprisonment. 11
(2) A person does not commit an offence against subsection (1) if 12
the person is-- 13
(a) for subsection (1)(a) or (b)(i)--the prisoner's lawyer; or 14
(b) an employee of a law enforcement agency; or 15
(c) the ombudsman; or 16
(d) a person who has the chief executive's written approval 17
to carry out the activity mentioned in the subsection. 18
(3) In this section-- 19
photograph includes record or create a visual image other 20
than by photography. 21
133 Interfering with records 22
(1) A person must not, without the chief executive's approval-- 23
(a) take, or attempt to take, information from a record kept 24
under this Act; or 25
(b) destroy, or attempt to destroy, information in a record 26
kept under this Act. 27
Maximum penalty--100 penalty units or 2 years 28
imprisonment. 29
(2) A person must not make, or attempt to make, a false entry in a 30
record kept under this Act. 31
s 134 102 s 135
Corrective Services Bill 2006
Maximum penalty--100 penalty units or 2 years 1
imprisonment. 2
134 False or misleading information 3
(1) A person must not give information to an official, including in 4
a document, that the person knows is false or misleading in a 5
material particular. 6
Maximum penalty-- 7
(a) if the person is a prisoner--2 years imprisonment; or 8
(b) otherwise--100 penalty units or 2 years imprisonment. 9
(2) Subsection (1) does not apply to a person giving a document, 10
if the person when giving the document-- 11
(a) informs the official, to the best of the person's ability, 12
how it is false or misleading; and 13
(b) if the person has, or can reasonably obtain, the correct 14
information--gives the correct information. 15
(3) It is enough for a complaint against a person for an offence 16
against subsection (1) to state that the information was, 17
without specifying which, false or misleading. 18
(4) In this section-- 19
official means any of the following when performing a 20
function or exercising a power under this Act-- 21
(a) the chief executive; 22
(b) a staff member; 23
(c) a corrective services officer; 24
(d) a parole board; 25
(e) an inspector; 26
(f) an official visitor. 27
135 Person near prisoner 28
(1) This section applies if an official with control of a prisoner 29
reasonably believes a person near the prisoner is acting in a 30
way that poses a risk to-- 31
s 136 103 s 136
Corrective Services Bill 2006
(a) the security of the prisoner; or 1
(b) the security or good order of the place in which the 2
prisoner is detained. 3
(2) The official may require the person to leave the vicinity of the 4
prisoner or place of detention. 5
(3) When making the requirement, the official must warn the 6
person that-- 7
(a) it is an offence for the person not to comply with the 8
requirement, unless the person has a reasonable excuse; 9
and 10
(b) the official may take the action mentioned in subsection 11
(5). 12
(4) The person must comply with the requirement, unless the 13
person has a reasonable excuse. 14
Maximum penalty--40 penalty units or 1 year's 15
imprisonment. 16
(5) If the person fails to comply with the requirement, the official, 17
using reasonably necessary force, may-- 18
(a) remove the person from the vicinity of the prisoner or 19
place of detention; or 20
(b) if the official is not a police officer, detain the person 21
until the person can be handed over to a police officer. 22
(6) However, the person must not be detained under subsection 23
(5)(b) for longer than 4 hours. 24
(7) In this section-- 25
official means a corrective services officer, police officer or 26
proper officer of a court. 27
prisoner includes a prisoner of a court. 28
136 Temporary detention for security offence 29
(1) This section applies if a corrective services officer-- 30
(a) finds a person committing a security offence; or 31
s 137 104 s 137
Corrective Services Bill 2006
(b) finds a person in circumstances that lead, or has 1
information that leads, the officer to reasonably suspect 2
the person has just committed a security offence. 3
(2) The corrective services officer may, using reasonably 4
necessary force-- 5
(a) conduct a general search or scanning search of the 6
person; and 7
(b) search anything in the person's possession, including a 8
motor vehicle. 9
(3) The corrective services officer may, using reasonably 10
necessary force, detain the person until the person can be 11
handed over to a police officer. 12
(4) However, the person must not be detained under subsection 13
(3) for longer than 4 hours. 14
(5) In this section-- 15
security offence means an offence against this part, or another 16
offence, that poses a risk to-- 17
(a) the security or good order of a corrective services 18
facility; or 19
(b) the security of a prisoner or a prisoner of a court. 20
137 Power to require name and address 21
(1) This section applies if a corrective services officer-- 22
(a) finds a person committing an offence against this Act; or 23
(b) finds a person in circumstances that lead, or has 24
information that leads, the officer to reasonably suspect 25
the person has just committed an offence against this 26
Act. 27
(2) The corrective services officer may require the person to state 28
the person's name and address. 29
(3) When making the requirement, the corrective services officer 30
must warn the person it is an offence for the person not to 31
state the person's name or address, unless the person has a 32
reasonable excuse. 33
s 138 105 s 138
Corrective Services Bill 2006
(4) The corrective services officer may require the person to give 1
evidence of the correctness of the stated name or address if the 2
officer reasonably suspects the stated name or address is false. 3
(5) The person must comply with a requirement under subsection 4
(2) or (4), unless the person has a reasonable excuse. 5
Maximum penalty--40 penalty units or 6 months 6
imprisonment. 7
(6) A person does not commit an offence against subsection (5) 8
if-- 9
(a) the person was required to state the person's name and 10
address by a corrective services officer; and 11
(b) the person is not proved to have committed the offence. 12
Part 4 Seizing property 13
138 Seizing property 14
(1) A corrective services officer may seize-- 15
(a) anything found in a corrective services facility, whether 16
or not in a person's possession, that the officer 17
reasonably considers poses, or is likely to pose, a risk 18
to-- 19
(i) the security or good order of the facility; or 20
(ii) the safety of persons in the facility; or 21
(b) a prohibited thing found in a corrective services facility, 22
other than on or in the possession of a prisoner who has 23
the chief executive's written approval to possess the 24
thing; or 25
(c) a prohibited thing found on or in the possession of a 26
prisoner who does not have the chief executive's written 27
approval to possess the thing. 28
(2) A corrective services officer must not seize a document to 29
which legal professional privilege attaches. 30
s 139 106 s 140
Corrective Services Bill 2006
139 Receipt for seized property 1
(1) After a thing is seized from a person under section 46, 47, 48 2
or 138, a corrective services officer must give the person a 3
receipt for the thing. 4
(2) The receipt must-- 5
(a) generally describe the thing seized; and 6
(b) include any other information required under a 7
regulation. 8
(3) This section does not apply to a thing if it would be 9
impracticable or unreasonable to expect the corrective 10
services officer to account for the thing given its condition, 11
nature and value. 12
140 Forfeiting seized thing 13
(1) A thing seized under section 46, 47, 48 or 138 is forfeited to 14
the State if the chief executive decides to forfeit the thing 15
because the chief executive-- 16
(a) can not find its owner after making reasonable inquiries, 17
given the thing's apparent value; or 18
(b) is unable, after making reasonable efforts, to return it to 19
its owner; or 20
(c) reasonably believes-- 21
(i) possession of the thing by a prisoner is an offence 22
or a breach of discipline; or 23
(ii) it is necessary to keep the thing to stop it being 24
used to commit an offence; or 25
(iii) the thing is inherently unsafe. 26
(2) If the chief executive decides to forfeit a thing because of 27
subsection (1)(c), the chief executive must, by written notice, 28
tell the owner of the thing of the decision and reasons for the 29
decision. 30
(3) Subsection (2) does not apply if the chief executive can not 31
find the owner of the thing after making reasonable inquiries, 32
given the thing's apparent value. 33
s 141 107 s 141
Corrective Services Bill 2006
(4) For this section, regard must be had to the thing's condition, 1
nature and value in deciding-- 2
(a) whether it is reasonable to make efforts or inquiries; and 3
(b) if efforts or inquiries are made--what efforts or 4
inquiries, including the period over which they are 5
made, are reasonable. 6
(5) A thing forfeited under this section-- 7
(a) becomes the State's property; and 8
(b) may be dealt with by the chief executive as the chief 9
executive considers appropriate, including, for example, 10
by-- 11
(i) keeping the thing and applying it for the benefit of 12
prisoners generally; or 13
(ii) donating the thing to a registered charity; or 14
(iii) if the thing is inherently unsafe--destroying it. 15
(6) However, the chief executive must not deal with the thing, 16
unless it is perishable, before the later of the following 17
happens-- 18
(a) 28 days elapses after the notice required under 19
subsection (2) was given; 20
(b) if, within the 28 days mentioned in paragraph (a), an 21
application is made under the Justices Act 1886, section 22
39, in relation to the property--the application, and any 23
appeal against the application, is decided. 24
25
Note--
26
The Justices Act 1886, section 39, deals with the power of a
27
Magistrates Court to order delivery of certain property.
141 Returning seized thing 28
(1) If a thing seized under section 46, 47, 48 or 138 is not 29
forfeited under section 140, the chief executive must return it 30
to its owner at the end of-- 31
(a) 6 months after it is seized; or 32
s 142 108 s 143
Corrective Services Bill 2006
(b) if a proceeding for an offence involving it is started 1
within the 6 months--the proceeding and any appeal 2
from the proceeding. 3
(2) However, if the thing was being retained as evidence of an 4
offence and the chief executive becomes satisfied its retention 5
as evidence is no longer necessary, the chief executive must 6
return it immediately. 7
(3) Despite subsection (1), the chief executive may retain a seized 8
thing if the chief executive reasonably considers its return is 9
inappropriate. 10
11
Example--
12
a letter written by the prisoner to a victim of the prisoner
142 Power of court in relation to seized thing 13
(1) To remove any doubt, it is declared that the Justices Act 1886, 14
section 39 applies, in addition to this part, to a seized thing. 15
(2) When applying the Justices Act 1886, section 39, the thing is 16
taken not to have become the property of the State. 17
Part 5 Use of force 18
Division 1 Use of reasonable force 19
143 Authority to use reasonable force 20
(1) A corrective services officer may use force, other than lethal 21
force, that is reasonably necessary to-- 22
(a) compel compliance with an order given or applying to a 23
prisoner; or 24
25
Example--
26
A corrective services officer may use force that is reasonably
27
necessary to compel a prisoner to submit to a search ordered by
28
the chief executive under section 36 that applies to the prisoner.
s 143 109 s 143
Corrective Services Bill 2006
(b) restrain a prisoner who is attempting or preparing to 1
commit an offence against an Act or a breach of 2
discipline; or 3
(c) restrain a prisoner who is committing an offence against 4
an Act or a breach of discipline; or 5
(d) compel any person who has been lawfully ordered to 6
leave a corrective services facility, and who refuses to do 7
so, to leave the facility; or 8
(e) restrain a prisoner who is-- 9
(i) attempting or preparing to harm himself or herself; 10
or 11
(ii) harming himself or herself. 12
(2) The corrective services officer may use the force only if the 13
officer-- 14
(a) reasonably believes the act or omission permitting the 15
use of force can not be stopped in another way; and 16
(b) gives a clear warning of the intention to use force if the 17
act or omission does not stop; and 18
(c) gives sufficient time for the warning to be observed; and 19
(d) attempts to use the force in a way that is unlikely to 20
cause death or grievous bodily harm. 21
(3) However, the corrective services officer need not comply with 22
subsection (2)(b) or (c) if doing so would create a risk of 23
injury to-- 24
(a) the officer; or 25
(b) someone other than the person who is committing the 26
act or omission; or 27
(c) a prisoner who is-- 28
(i) attempting or preparing to harm himself or herself; 29
or 30
(ii) harming himself or herself. 31
(4) The use of force may involve the use of only the following-- 32
(a) a gas gun; 33
s 144 110 s 146
Corrective Services Bill 2006
(b) a chemical agent; 1
(c) riot control equipment; 2
(d) a restraining device; 3
(e) a corrective services dog under the control of a 4
corrective services officer. 5
Division 2 Use of lethal force 6
144 Training for use of lethal force 7
The chief executive must ensure that a corrective services 8
officer authorised to use lethal force has been trained to use 9
lethal force and other forms of force in a way that causes the 10
least possible risk of injury to anyone other than the person 11
against whom lethal force is directed. 12
145 Issue, handling and storage of weapons 13
(1) The chief executive may authorise an appropriately trained 14
corrective services officer to be issued with, carry, use and 15
store weapons if it is reasonably necessary for the officer to 16
carry, use and store the weapons to perform functions or 17
exercise powers under this Act. 18
(2) The authority may be issued subject to conditions. 19
146 Use of lethal force 20
(1) A corrective services officer may use the lethal force that is 21
reasonably necessary-- 22
(a) to stop a prisoner from escaping or attempting to escape 23
from secure custody, if the officer reasonably believes 24
the prisoner is likely to cause grievous bodily harm to, 25
or the death of, someone other than the prisoner in the 26
escape or attempted escape; or 27
(b) to stop a person from helping, or attempting to help, a 28
prisoner to escape from secure custody, if the officer 29
reasonably believes the person is likely to cause 30
grievous bodily harm to, or the death of, someone other 31
s 147 111 s 147
Corrective Services Bill 2006
than the person or prisoner while helping or attempting 1
to help the prisoner escape; or 2
(c) to stop a prisoner from assaulting or attempting to 3
assault another person, if the officer reasonably believes 4
the prisoner is likely to cause grievous bodily harm to, 5
or the death of, the other person; or 6
(d) in an immediate response to a prisoner who has escaped 7
from secure custody, if the officer reasonably believes 8
the prisoner is likely to cause grievous bodily harm to, 9
or the death of, someone other than the prisoner in the 10
course of the immediate response. 11
(2) However, lethal force must not be used if there is a 12
foreseeable risk that the use of lethal force will cause grievous 13
bodily harm to, or the death of, someone other than the person 14
against whom the lethal force may otherwise be directed. 15
(3) The use of lethal force may involve, but is not limited to, the 16
use of-- 17
(a) weapons, including firearms; or 18
(b) a corrective services dog under the control of a 19
corrective services officer. 20
147 Requirements for use of lethal force 21
(1) A corrective services officer may use lethal force only if the 22
officer-- 23
(a) reasonably believes the act or omission permitting the 24
use of lethal force can not be stopped in another way; 25
and 26
(b) gives a clear warning of the intention to use lethal force 27
if the act or omission does not stop; and 28
(c) gives sufficient time for the warning to be observed; and 29
(d) attempts to use the force in a way that causes the least 30
injury to anyone. 31
(2) However, the corrective services officer need not comply with 32
subsection (1)(b), (c) or (d) if doing so would create a risk of 33
injury to-- 34
s 148 112 s 150
Corrective Services Bill 2006
(a) the officer; or 1
(b) someone other than the person against whom the lethal 2
force is directed. 3
148 Reporting use of lethal force 4
(1) The chief executive must keep a record detailing any incident 5
in which-- 6
(a) lethal force is used; or 7
(b) anyone discharges a firearm, other than for training. 8
(2) The chief executive must immediately advise the Minister of 9
an incident mentioned in subsection (1). 10
Chapter 4 Corrective services 11
facilities 12
Part 1 Establishing corrective 13
services facilities 14
149 Prisons 15
(1) A regulation may-- 16
(a) declare a place to be a prison; and 17
(b) assign a name to a prison. 18
(2) In this section-- 19
place includes premises and part of premises. 20
150 Prison amenities 21
When establishing a new prison, the chief executive must 22
ensure appropriate provision is made in the prison for each of 23
the following-- 24
s 151 113 s 151
Corrective Services Bill 2006
(a) a meeting place for Aboriginal and Torres Strait Islander 1
prisoners that-- 2
(i) promotes communication; and 3
(ii) endorses the prisoners' indigenous cultural 4
heritage; 5
(b) for a prison accommodating female 6
prisoners--accommodation units that allow the 7
prisoners to care for young children; 8
(c) areas suitable for children visiting their parents; 9
(d) facilities for prisoners who are experiencing 10
psychological crises; 11
(e) the accommodation and access requirements of older 12
prisoners and prisoners with disabilities; 13
(f) video conferencing technology-- 14
(i) to help prisoners maintain relationships with 15
family members who would otherwise be required 16
to travel long distances to the prison; and 17
(ii) for the appearance of prisoners before courts, 18
tribunals or parole boards. 19
151 Other corrective services facilities 20
(1) The Minister may, by gazette notice-- 21
(a) declare a place to be-- 22
(i) a community corrections centre; or 23
(ii) a work camp; and 24
(b) assign a name to-- 25
(i) a community corrections centre; or 26
(ii) a work camp. 27
(2) In this section-- 28
place includes the following-- 29
(a) premises; 30
s 152 114 s 153
Corrective Services Bill 2006
(b) part of premises; 1
(c) a vehicle. 2
Part 2 Visiting corrective services 3
facilities 4
Division 1 General 5
152 Warnings to visitors 6
(1) The chief executive must ensure a sign is prominently 7
displayed at the entrance to a secure facility warning visitors 8
that lethal force may be used against a visitor if the visitor 9
helps, or attempts to help, a prisoner to escape. 10
(2) The chief executive may erect a sign at the entrance to each 11
corrective services facility warning visitors-- 12
(a) of the things that are prohibited things under this Act; 13
and 14
(b) the consequences for a visitor if the visitor brings, or 15
attempts to bring, a prohibited thing into the facility. 16
153 Prisoner's entitlement to visits 17
(1) A prisoner is only entitled to receive a visit from-- 18
(a) a personal visitor once a week; and 19
(b) a legal visitor. 20
(2) The chief executive may allow the prisoner to receive extra 21
visits, including, for example-- 22
(a) for a prisoner who was the primary care giver of a 23
child--a visit from the child to maintain the relationship 24
with the child; or 25
s 154 115 s 154
Corrective Services Bill 2006
(b) a visit from a relevant elder or respected person to 1
ensure appropriate levels of cultural interaction and 2
support. 3
(3) The chief executive may allow a prisoner to visit another 4
prisoner in another corrective services facility, subject to any 5
conditions the chief executive reasonably considers 6
appropriate. 7
(4) The chief executive may allow more than 1 personal visitor to 8
visit a prisoner at the same time, if it is within the operational 9
limits of the corrective services facility. 10
154 Contact during personal visit 11
(1) A personal visit must be a non-contact visit, unless the chief 12
executive approves that the visit be a contact visit. 13
(2) In deciding whether to give the approval, the chief executive 14
must consider the following-- 15
(a) the requirements of any court order relating to the 16
prisoner; 17
(b) whether the prisoner has previously escaped or 18
attempted to escape from custody; 19
(c) whether the prisoner has previously given a positive test 20
sample; 21
(d) information about the prisoner or visitor that indicates a 22
risk to the security or good order of the corrective 23
services facility. 24
(3) During a contact visit, a personal visitor must not-- 25
(a) engage in sexual activity with a prisoner; or 26
(b) behave in a disorderly, indecent, offensive, riotous or 27
violent manner. 28
(4) If a personal visitor fails to comply with subsection (3), the 29
personal visitor may be directed to leave the corrective 30
services facility. 31
s 155 116 s 156
Corrective Services Bill 2006
Division 2 Procedure for visits 1
Subdivision 1 Before visit 2
155 Access approval required for visitor other than 3
accredited visitor or staff member 4
(1) Before visiting a corrective services facility for the first time, 5
a visitor, other than an accredited visitor or staff member, 6
must apply for approval to access the facility (access 7
approval). 8
(2) The application must be made in the approved form to the 9
chief executive. 10
156 Deciding application for access approval 11
(1) The chief executive may grant an access approval if satisfied 12
the visitor seeking the approval does not pose a risk to the 13
security or good order of the corrective services facility. 14
15
Note--
16
See section 334 for provisions about obtaining a relevant person's
17
criminal history.
(2) In deciding whether a visitor poses a risk to the security or 18
good order of a corrective services facility, the chief executive 19
must consider each of the following-- 20
(a) whether the visitor has, as an adult, been convicted of 21
escaping, or attempting to escape, from lawful custody 22
in Queensland or elsewhere; 23
(b) whether the visitor has been convicted of helping, or 24
attempting to help, a prisoner to escape from lawful 25
custody in Queensland or elsewhere; 26
(c) whether the visitor has been convicted of committing, or 27
attempting to commit, an offence while visiting a 28
prisoner in lawful custody in Queensland or elsewhere; 29
(d) whether the visitor has been refused access to, or been 30
suspended from entering, a corrective services facility. 31
(3) Subsection (2) does not apply to-- 32
s 157 117 s 157
Corrective Services Bill 2006
(a) an employee of the department in which the Child 1
Protection Act 1999 is administered; or 2
(b) an employee of the department in which the Police 3
Service Administration Act 1990 is administered. 4
(4) Subsection (2) does not limit the matters the chief executive 5
may consider in deciding whether a visitor poses a risk to the 6
security or good order of a corrective services facility. 7
(5) The chief executive may-- 8
(a) impose conditions on an access approval; and 9
(b) for a legal visitor or religious visitor--grant the visitor 10
an access approval for all corrective services facilities. 11
(6) If the chief executive refuses to grant an access approval for a 12
visitor, the chief executive may order that the visitor is also 13
refused access to-- 14
(a) another corrective services facility in stated 15
circumstances; or 16
17
Example--
18
A person may be refused access to any corrective services
19
facility in which a former accomplice of the person is being
20
detained.
(b) all corrective services facilities. 21
(7) A visitor who is refused an access approval may, in writing, 22
ask the chief executive to reconsider the decision. 23
(8) The chief executive must reconsider the decision and may 24
confirm, amend or cancel the decision. 25
(9) The chief executive must advise the visitor of the reconsidered 26
decision. 27
157 Suspending access approval 28
(1) The chief executive may suspend a visitor's access approval 29
for a corrective services facility if the visitor-- 30
(a) fails to comply with a lawful and reasonable direction of 31
the chief executive or a corrective services officer; or 32
(b) fails to comply with a condition of the approval; or 33
s 157 118 s 157
Corrective Services Bill 2006
(c) is charged with an offence; or 1
(d) engages in threatening behaviour towards a prisoner or 2
another visitor at the facility. 3
(2) The suspension may be-- 4
(a) for a period of up to-- 5
(i) 3 months; or 6
(ii) if the visitor's conduct mentioned in subsection (1) 7
has been severe or repetitive--1 year; or 8
(b) if the visitor is charged with an offence allegedly 9
committed in a corrective services facility--until the 10
end of the proceedings for the offence. 11
(3) In deciding whether to suspend the access approval, the chief 12
executive must consider-- 13
(a) the effect of the proposed suspension on a child for 14
whom approval has been given to accompany the visitor 15
to visit the prisoner; and 16
(b) whether the child may, unaccompanied by an adult, visit 17
the prisoner. 18
(4) If the chief executive suspends the access approval for the 19
maximum period allowed under subsection (2), the chief 20
executive must ensure a written record is made stating the 21
reasons for the decision. 22
(5) If the chief executive suspends the access approval, the chief 23
executive may order that, during the suspension period, the 24
visitor is refused access to-- 25
(a) another corrective services facility in stated 26
circumstances; or 27
28
Example--
29
Because of disorderly behaviour, the wife of a prisoner is
30
suspended from visiting the corrective services facility where
31
her husband is, and any corrective services facility to which he is
32
transferred, during the period of the suspension.
(b) all corrective services facilities. 33
s 158 119 s 159
Corrective Services Bill 2006
(6) If the chief executive suspends the access approval, the visitor 1
may, in writing, ask the chief executive to reconsider the 2
decision. 3
(7) The chief executive must reconsider the decision and may 4
confirm, amend or cancel the decision. 5
(8) The chief executive must advise the visitor of the reconsidered 6
decision. 7
158 Monitoring personal visit 8
The chief executive may-- 9
(a) make and keep an audiovisual or visual recording of a 10
personal visit; and 11
(b) monitor a personal visit. 12
159 Search of visitor 13
(1) The chief executive may require an accredited visitor to 14
submit to a scanning search before entering a corrective 15
services facility. 16
(2) The chief executive may require any other visitor to submit to 17
a general search or scanning search before entering a 18
corrective services facility. 19
(3) If a visitor mentioned in subsection (2) does not submit to a 20
general search when required to do so, the chief executive 21
may revoke-- 22
(a) for a personal visitor-- 23
(i) the visitor's access approval; or 24
(ii) the visitor's approval for the visit to be a contact 25
visit; or 26
(b) for another visitor--the visitor's access approval. 27
(4) In this section-- 28
visitor does not include a staff member. 29
30
Note--
31
See section 173 for searching a staff member.
s 160 120 s 162
Corrective Services Bill 2006
Subdivision 2 During visit 1
160 Identification of visitor 2
(1) The chief executive must require each visitor to a corrective 3
services facility to prove the visitor's identity in the way 4
prescribed under a regulation when entering the corrective 5
services facility. 6
(2) The visitor must display the visitor's pass given to the visitor 7
while in the corrective services facility. 8
(3) The visitor must sign the visitors book, unless the visitor is a 9
staff member who works at the corrective services facility. 10
(4) If the visitor is a child, it is sufficient for subsection (3) if an 11
adult accompanying the child signs the visitors book for the 12
child. 13
161 Visitor may be directed to leave corrective services 14
facility 15
(1) This section applies if a visitor fails to comply with-- 16
(a) a requirement given under section 159(1) or (2) or 17
160(1); or 18
(b) section 160(2) or (3). 19
(2) The visitor may be directed to leave the corrective services 20
facility. 21
(3) If the visitor fails to leave the corrective services facility, a 22
corrective services officer may, using reasonably necessary 23
force, remove the visitor from the facility. 24
(4) Subsection (3) applies whether or not the visitor is charged 25
with an offence against section 163(2). 26
162 Proof of identity 27
(1) The chief executive may keep a fingerprint, palm print, 28
footprint, toe print, eye print or voiceprint (the identifying 29
particular) that a visitor to a corrective services facility offers 30
as proof of the visitor's identity. 31
s 163 121 s 165
Corrective Services Bill 2006
(2) The chief executive must destroy an identifying particular 1
obtained under subsection (1) if the chief executive is satisfied 2
it is no longer required. 3
163 Direction to visitor 4
(1) A corrective services officer may give a visitor a direction the 5
officer reasonably considers necessary for the security or 6
good order of the corrective services facility or a person's 7
safety. 8
(2) The visitor must comply with the direction, unless the visitor 9
has a reasonable excuse. 10
Maximum penalty for subsection (2)--40 penalty units. 11
Division 3 Further provisions about particular 12
visitors 13
164 Accredited or government visitor 14
(1) An accredited visitor or government visitor may visit a 15
prisoner, or access any part of a corrective services facility, for 16
performing the functions or exercising the powers of the 17
visitor's office or position. 18
(2) In this section-- 19
government visitor means a person, other than a staff 20
member, who is an employee of a department. 21
165 Casual site visitor 22
(1) A casual site visitor may only access the following external 23
areas of a corrective services facility-- 24
(a) visitors' carparks; 25
(b) roadways; 26
(c) waiting areas. 27
(2) In this section-- 28
casual site visitor includes the following-- 29
s 166 122 s 168
Corrective Services Bill 2006
(a) a bus or taxi driver; 1
(b) a person transporting a visitor or staff member to or 2
from a corrective services facility; 3
(c) a person collecting a discharged or released prisoner, or 4
a prisoner's property, from a corrective services facility. 5
166 Children 6
(1) A child, whether accompanied or unaccompanied by an adult, 7
may visit a prisoner if the chief executive considers it is in the 8
child's best interests, even if the child was the complainant in 9
the offence leading to the prisoner's imprisonment. 10
(2) The child need not be related to the prisoner but must be a 11
personal visitor of the prisoner. 12
(3) In deciding whether it is in the best interests of a child in care 13
to visit a prisoner, the chief executive must consult with the 14
child protection chief executive. 15
167 Law enforcement visitor 16
(1) This section applies if an employee or officer of a law 17
enforcement agency (the law enforcement visitor) wants to 18
visit a prisoner. 19
(2) The prisoner may-- 20
(a) refuse to see the law enforcement visitor; or 21
(b) agree to see the law enforcement visitor, but refuse to 22
answer any of the law enforcement visitor's questions. 23
(3) The law enforcement visitor must be allowed to interview the 24
prisoner out of the hearing, but not out of the sight, of a 25
corrective services officer. 26
168 Personal visitor 27
A personal visitor must arrange the time and length of the visit 28
with the chief executive. 29
s 169 123 s 170
Corrective Services Bill 2006
169 Professional visitor 1
(1) A professional visitor may only-- 2
(a) visit the prisoner the subject of the professional visitor's 3
access approval; or 4
(b) access the part of the corrective services facility allowed 5
under the professional visitor's access approval. 6
(2) The visit or access must be carried out during the time 7
approved by the chief executive. 8
(3) A prisoner's legal visitor must be allowed to interview the 9
prisoner out of the hearing, but not out of the sight, of a 10
corrective services officer. 11
(4) In this section-- 12
professional visitor means a person who provides a 13
professional service to a prisoner. 14
15
Examples--
16
· a legal visitor
17
· a doctor, psychologist or other health practitioner
18
· a teacher or tutor
19
· a program facilitator
20
· a religious visitor
170 Commercial visitor 21
(1) A commercial visitor to a corrective services facility may only 22
access the part of the facility allowed under the commercial 23
visitor's access approval. 24
(2) The access must be carried out on the day and during the time 25
approved by the chief executive. 26
(3) In this section-- 27
commercial visitor means a person who visits a corrective 28
services facility for the purpose of engaging in trade or 29
commerce. 30
31
Examples--
32
· a sales representative
33
· a tradesperson
s 171 124 s 173
Corrective Services Bill 2006
171 Other visitors 1
(1) A visitor to a corrective services facility who is not mentioned 2
in sections 164 to 170 may only-- 3
(a) visit the prisoner the subject of the visitor's access 4
approval; or 5
(b) access the part of the facility allowed under the visitor's 6
access approval. 7
8
Examples of a visitor not mentioned in sections 164 to 170--
9
· a volunteer
10
· a research student
11
· a representative of a corrective services agency of another
12
jurisdiction
(2) The visit or access must be carried out on the day and during 13
the time approved by the chief executive. 14
Part 3 Staff members 15
172 Staff member interacting with prisoner, etc. 16
A staff member at a corrective services facility may, to the 17
extent necessary for carrying out the staff member's duties-- 18
(a) interact with any prisoner at the facility; and 19
(b) access any part of the facility. 20
173 Search of staff member 21
(1) The chief executive may require a staff member at a 22
corrective services facility to submit to a general search or 23
scanning search before entering the facility. 24
(2) If the staff member does not submit to a general search when 25
required to do so, the chief executive may direct the person to 26
leave the corrective services facility. 27
s 174 125 s 176
Corrective Services Bill 2006
Part 4 Searching corrective services 1
facilities and vehicles 2
174 Power to search corrective services facility 3
(1) The chief executive may conduct a search of a corrective 4
services facility other than prisoner facilities. 5
6
Note--
7
See section 33 for power to search a prisoner's room.
(2) The chief executive may direct a corrective services officer to 8
be present during the search. 9
175 Power to search vehicle 10
The chief executive may conduct a search of a vehicle, 11
including, for example, a delivery vehicle, before it enters or 12
leaves a corrective services facility. 13
Chapter 5 Parole 14
Part 1 Parole orders 15
Division 1 Application for parole order 16
Subdivision 1 Exceptional circumstances parole 17
order 18
176 Applying for an exceptional circumstances parole order 19
(1) A prisoner may apply for an exceptional circumstances parole 20
order at any time. 21
(2) The application must be made-- 22
s 177 126 s 179
Corrective Services Bill 2006
(a) in the approved form; and 1
(b) to the parole board that may, under section 187, hear and 2
decide the application. 3
177 When exceptional circumstances parole order may start 4
An exceptional circumstances parole order may start at any 5
time. 6
Subdivision 2 Other parole order 7
178 Definition for sdiv 2 8
In this subdivision-- 9
parole order means a parole order other than-- 10
(a) an exceptional circumstances parole order; and 11
(b) a court ordered parole order. 12
179 Application of sdiv 2 13
(1) This subdivision applies to the following prisoners-- 14
(a) a prisoner who has been sentenced before the 15
commencement of this section (the commencement)-- 16
(i) for an offence committed before 1 July 2001--to a 17
period of imprisonment of any length; or 18
(ii) for an offence committed on or after 1 July 19
2001--to a period of imprisonment of more than 2 20
years; 21
(b) a prisoner who has been sentenced after the 22
commencement for an offence, whenever committed-- 23
(i) to a period of imprisonment of more than 3 years; 24
or 25
(ii) to a period of imprisonment of not more than 3 26
years, if the period includes a term of 27
imprisonment for a serious violent offence or a 28
sexual offence; 29
s 180 127 s 180
Corrective Services Bill 2006
(c) a prisoner the subject of a court ordered parole order 1
that has been cancelled under this Act. 2
(2) This subdivision does not apply to-- 3
(a) a prisoner-- 4
(i) being detained on remand for an offence; or 5
(ii) imprisoned for an indefinite period for contempt; 6
or 7
(iii) subject to an indefinite sentence under the 8
Penalties and Sentences Act 1992, part 10; or 9
(b) a prisoner who has not reached the prisoner's parole 10
eligibility date; or 11
(c) a prisoner who is detained in custody under an order 12
under the Dangerous Prisoners (Sexual Offenders) Act 13
2003. 14
180 Applying for parole order etc 15
(1) A prisoner may apply for a parole order if the prisoner has 16
reached the prisoner's parole eligibility date in relation to the 17
prisoner's period of imprisonment. 18
(2) However, a prisoner can not apply for a parole order-- 19
(a) if a previous application for a parole order made in 20
relation to the period of imprisonment was refused-- 21
(i) until the end of the period decided by the parole 22
board that refused the previous application; or 23
(ii) unless a parole board consents; or 24
(b) if an appeal has been made to a court against the 25
conviction or sentence to which the period of 26
imprisonment relates--until the appeal is decided; or 27
(c) otherwise--more than 120 days before the prisoner's 28
parole eligibility date. 29
(3) The application must be made-- 30
(a) in the approved form; and 31
(b) to the parole board that may, under section 187, hear and 32
decide the application. 33
s 181 128 s 182
Corrective Services Bill 2006
(4) A parole order for a prisoner may start on or after the 1
prisoner's parole eligibility date. 2
181 Parole eligibility date for prisoner serving period of 3
imprisonment for life 4
(1) This section applies to a prisoner who is serving a period of 5
imprisonment that is or includes a term of imprisonment for 6
life. 7
(2) If the Criminal Code, section 305(2) applies, the prisoner's 8
parole eligibility date is the day after the day on which the 9
prisoner has served 20 years or the longer time ordered under 10
that section. 11
12
Note--
13
The Criminal Code, section 305 deals with punishment for the crime of
14
murder.
(3) If the Criminal Code, section 305(2) does not apply, the 15
prisoner's parole eligibility date is the day after the day on 16
which the prisoner has served 15 years. 17
(4) Despite subsections (2) and (3), if a later parole eligibility 18
date is fixed for the period of imprisonment under the 19
Penalties and Sentences Act 1992, part 9, division 3, the 20
prisoner's parole eligibility date is the later date fixed under 21
that division. 22
182 Parole eligibility date for serious violent offender 23
(1) This section applies to a prisoner who is serving a term of 24
imprisonment for a serious violent offence. 25
(2) The prisoner's parole eligibility date is the day after the day 26
on which the prisoner has served the lesser of-- 27
(a) 80% of the prisoner's term of imprisonment for the 28
serious violent offence; or 29
(b) 15 years. 30
(3) However, if a later parole eligibility date is fixed for the period 31
of imprisonment under the Penalties and Sentences Act 1992, 32
s 183 129 s 184
Corrective Services Bill 2006
part 9, division 3, the prisoner's parole eligibility date is the 1
later date fixed under that division. 2
(4) This section is subject to section 185. 3
183 Parole eligibility date for prisoner detained for a period 4
directed by a judge under Criminal Law Amendment Act 5
1945, pt 3 6
(1) This section applies to a prisoner who is being detained, for an 7
offence, in an institution for a period as directed by a judge 8
under the Criminal Law Amendment Act 1945, part 3. 9
(2) The prisoner's parole eligibility date is the day after the day 10
on which the prisoner has been detained for half the fixed 11
period. 12
(3) However, if a later parole eligibility date is fixed for the 13
prisoner under the Penalties and Sentences Act 1992, part 9, 14
division 3, the prisoner's parole eligibility date is the later 15
date fixed under that division. 16
(4) This section is subject to section 185. 17
184 Parole eligibility date for other prisoners 18
(1) This section applies to a prisoner who-- 19
(a) has been sentenced for an offence-- 20
(i) before the commencement--to a period of 21
imprisonment of more than 2 years or, if the 22
offence was committed before 1 July 2001, to a 23
period of imprisonment of any length; or 24
(ii) after the commencement--to a period of 25
imprisonment of more than 3 years; or 26
(b) is serving a period of imprisonment of not more than 3 27
years for an offence, if the period includes a term of 28
imprisonment for a sexual offence. 29
(2) The prisoner's parole eligibility date is the day after the day 30
on which the prisoner has served half the period of 31
imprisonment to which the prisoner has been sentenced, 32
despite any grant of remission. 33
s 185 130 s 185
Corrective Services Bill 2006
(3) However, if an earlier or later parole eligibility date is fixed 1
for the prisoner under the Penalties and Sentences Act 1992, 2
part 9, division 3, the prisoner's parole eligibility date is the 3
date fixed under that division. 4
(4) This section is subject to section 185. 5
(5) In this section-- 6
commencement means the commencement of this section. 7
offence, in relation to a prisoner, does not include the 8
following offences-- 9
(a) an offence for which the prisoner has been sentenced to 10
life imprisonment; 11
(b) a serious violent offence; 12
(c) an offence for which the prisoner is being detained in an 13
institution for a period fixed by a judge under the 14
Criminal Law Amendment Act 1945, part 3. 15
185 Parole eligibility date for prisoner serving terms of 16
imprisonment in particular circumstances 17
(1) This section applies if, apart from this section, more than 1 of 18
sections 182, 183 and 184 would apply to a prisoner. 19
(2) If the imprisonment mentioned in the sections is to be served 20
concurrently, the prisoner's parole eligibility date for the 21
prisoner's period of imprisonment is the day after the day on 22
which the prisoner has served the longer of the periods 23
calculated under the sections. 24
25
Example--
26
A prisoner is serving a term of 8 years imprisonment for a serious
27
violent offence concurrently with a term of 5 years imprisonment for an
28
offence that is not a serious violent offence. The prisoner's parole
29
eligibility date is the day after the day on which the prisoner has served
30
the period of 6.4 years (being the period that is 80% of 8 years, and
31
being longer than the period that is one-half of 5 years).
(3) If any of the imprisonment mentioned in the sections is to be 32
served cumulatively with imprisonment mentioned in another 33
of the sections, the prisoner's parole eligibility date for the 34
prisoner's period of imprisonment is the date mentioned in 35
subsection (4) calculated after applying the following rules-- 36
s 185 131 s 185
Corrective Services Bill 2006
Rule 1-- 1
Consider first each term of imprisonment (concurrent term) 2
that is not cumulative on another term of imprisonment and 3
calculate the period the prisoner must serve for the concurrent 4
term by applying whichever of sections 182, 183 or 184 apply. 5
For these rules, the prisoner's notional parole date is the day 6
the period, or the longest of the periods, so calculated ends. 7
Rule 2-- 8
Next, consider each term of imprisonment (cumulative term) 9
that is cumulative on another term of imprisonment and 10
calculate the period the prisoner must serve for each 11
cumulative term by applying whichever of sections 182, 183 12
or 184 apply. 13
Rule 3-- 14
Next, add the period the prisoner must serve for a cumulative 15
term to the period the prisoner must serve for the term of 16
imprisonment the cumulative term is cumulative on (the 17
additional eligibility period). 18
(4) The prisoner's parole eligibility date for the prisoner's period 19
of imprisonment is the day after the later of the following 20
dates-- 21
· the notional parole date 22
· the latest date the additional eligibility periods end. 23
24
Example--
25
A prisoner is serving a period of 13 years imprisonment, comprising a
26
term of 8 years imprisonment for a serious violent offence and a term of
27
5 years imprisonment for an offence that is not a serious violent offence
28
which was ordered to be served cumulatively with the term of
29
imprisonment for the serious violent offence. Applying rule 1, the
30
prisoner's notional parole date is the day after the period of 6.4 years the
31
prisoner must serve before reaching the prisoner's parole eligibility date
32
for the serious violent offence under section 182. Rule 2 is then applied.
33
The period the prisoner must serve before reaching the prisoner's parole
34
eligibility date for the second offence is 2.5 years under section 184.
35
Rule 3 requires the periods of 6.4 years and 2.5 years to be added
36
together. In this example, the prisoner's parole eligibility date is the day
37
after the day on which the prisoner has served the period of 8.9 years.
(5) In this section-- 38
s 186 132 s 187
Corrective Services Bill 2006
period of imprisonment, a prisoner must serve, means a 1
period of imprisonment the prisoner must serve before 2
reaching the prisoner's parole eligibility date for the prisoner's 3
period of imprisonment. 4
Division 2 Hearing and deciding application 5
for parole order 6
Subdivision 1 Preliminary 7
186 Definition for div 2 8
In this division-- 9
parole order does not include a court ordered parole order. 10
Subdivision 2 Procedure 11
187 Which parole board may hear and decide application 12
(1) The Queensland board may hear and decide an application for 13
a parole order from a prisoner who-- 14
(a) has been sentenced, before or after the commencement 15
of this section, to a period of imprisonment of 8 years or 16
more; or 17
(b) is an existing reportable offender within the meaning of 18
the Child Protection (Offender Reporting) Act 2004; or 19
(c) is accommodated at, or lawfully outside, a corrective 20
services facility in an area of the State for which a 21
regional board is not established. 22
(2) A regional board may hear and decide an application for a 23
parole order from a prisoner not mentioned in subsection (1) 24
who is accommodated at, or lawfully outside, a corrective 25
services facility in the area of the State for which the regional 26
board is established. 27
(3) A default period of imprisonment for the non-payment of a 28
fine or restitution, that is ordered to be served cumulatively 29
s 188 133 s 189
Corrective Services Bill 2006
with another period of imprisonment, is not to be taken into 1
account for subsection (1)(a). 2
188 Submission from eligible person 3
(1) After receiving a prisoner's application for a parole order 4
(other than an exceptional circumstances parole order) under 5
section 180, a parole board must give the chief executive 6
written notice of the application. 7
(2) Within 7 days after receiving the notice, the chief executive 8
must give each eligible person in relation to the prisoner 9
written notice of the application. 10
(3) The notice given to the eligible person must be dated and 11
advise the person that-- 12
(a) the prisoner has applied for a parole order; and 13
(b) the stated parole board is about to consider whether the 14
parole order should be made; and 15
(c) the person may, within 21 days after the date of the 16
notice, make written submissions to the parole board 17
about anything that-- 18
(i) is relevant to the decision about making the parole 19
order; and 20
(ii) was not before the court at the time of sentencing. 21
(4) The parole board may have regard to any submissions made to 22
the board under subsection (3)(c). 23
189 Appearing before parole board 24
(1) Unless the Queensland board makes a requirement under 25
subsection (2), a prisoner's agent may, with the Queensland 26
board's leave, appear before the Queensland board to make 27
representations in support of the prisoner's application for a 28
parole order that may be heard and decided by the Queensland 29
board. 30
(2) The Queensland board may require a regional board-- 31
(a) to hear a prisoner's, or prisoner's agent's, 32
representations in support of the prisoner's application 33
s 190 134 s 190
Corrective Services Bill 2006
for a parole order that may be heard and decided by the 1
Queensland board; and 2
(b) to make a recommendation to the Queensland board on 3
the prisoner's suitability for parole. 4
(3) A prisoner or the prisoner's agent may, with a regional board's 5
leave, appear before the regional board to make 6
representations in support of the prisoner's application for a 7
parole order that may be heard and decided by the regional 8
board. 9
(4) The chairperson of a regional board may require a corrective 10
services officer present at a board meeting to leave and remain 11
out of the hearing of the meeting for the time the chairperson 12
directs. 13
(5) If a prisoner appearing before a regional board insults a 14
member of the board or disrupts the board's proceedings, the 15
prisoner's leave to appear before the board may be cancelled. 16
(6) This section does not stop a parole board deciding an 17
application for a parole order if the prisoner or the prisoner's 18
agent fails to appear before the board. 19
(7) In this section-- 20
appear, before a parole board, means-- 21
(a) appear by using a contemporaneous communication link 22
between the board and the prisoner or the prisoner's 23
agent; or 24
(b) if the person appearing is a prisoner with a special 25
need--appear personally. 26
190 Applying for leave to appear before parole board 27
(1) An application for leave to appear before a parole board must 28
be made in the approved form to the board. 29
(2) The secretary of the board must tell the prisoner of-- 30
(a) the board's decision on the application; and 31
(b) if the board grants the leave--the time and place at 32
which the prisoner or the prisoner's agent may appear 33
before the board. 34
s 191 135 s 193
Corrective Services Bill 2006
191 When application for parole order lapses 1
A prisoner's application for a parole order lapses if, before the 2
application is decided, the prisoner is sentenced to another 3
term of imprisonment. 4
192 Parole board not bound by sentencing court's 5
recommendation or parole eligibility date 6
When deciding whether to grant a parole order, a parole board 7
is not bound by the recommendation of the sentencing court 8
or the parole eligibility date fixed by the court under the 9
Penalties and Sentences Act 1992, part 9, division 3 if the 10
board-- 11
(a) receives information about the prisoner that was not 12
before the court at the time of sentencing; and 13
14
Example--
15
a psychologist's report obtained during the prisoner `s period of
16
imprisonment
(b) after considering the information, considers that the 17
prisoner is not suitable for parole at the time 18
recommended or fixed by the court. 19
193 Decision of parole board 20
(1) A parole board required to consider a prisoner's application 21
for a parole order must decide-- 22
(a) to grant the application; or 23
(b) to refuse to grant the application. 24
(2) However, the parole board may defer making a decision until 25
it obtains any additional information it considers necessary to 26
make the decision. 27
(3) The parole board may grant the application even though a 28
parole order for the same period of imprisonment was 29
previously cancelled. 30
(4) If the parole board refuses to grant the application, the board 31
must-- 32
(a) give the prisoner written reasons for the refusal; and 33
s 194 136 s 194
Corrective Services Bill 2006
(b) if the application is for a parole order other than an 1
exceptional circumstances parole order--decide a 2
period of time, of not more than 6 months after the 3
refusal, within which a further application for a parole 4
order (other than an exceptional circumstances parole 5
order) by the prisoner must not be made without the 6
board's consent. 7
(5) If the parole board fails to decide the application within 120 8
days after its receipt, the board is taken to have decided to 9
refuse to grant the application. 10
194 Types of parole orders granted by parole board 11
(1) A parole board may, by a parole order-- 12
(a) release any prisoner on parole, if the board is satisfied 13
that exceptional circumstances exist in relation to the 14
prisoner; or 15
(b) release an eligible prisoner on parole. 16
(2) If the prisoner is to be released on parole as mentioned in 17
subsection (1)(a), the board must note on the order that it is an 18
exceptional circumstances parole order. 19
(3) The board must give a copy of the parole order to the prisoner. 20
(4) The prisoner must-- 21
(a) keep the copy of the parole order in the prisoner's 22
possession while released on parole; and 23
(b) if asked by a police officer or corrective services officer, 24
produce the copy for the officer's inspection. 25
(5) In this section-- 26
eligible prisoner means a prisoner, who-- 27
(a) may apply for the parole order under section 179(1); and 28
(b) is eligible for the parole order under 181, 182, 183, 184 29
or 185. 30
s 195 137 s 197
Corrective Services Bill 2006
Subdivision 3 Review of regional board's refusal 1
195 Application of sdiv 3 2
(1) This subdivision applies if-- 3
(a) a prisoner has applied to a regional board 3 or more 4
times for a parole order in relation to the same period of 5
imprisonment; and 6
(b) the regional board has refused each application. 7
(2) An application made before the commencement of this 8
section for a post-prison community based release order under 9
the Corrective Services Act 2000 is to be counted for 10
subsection (1)(a). 11
196 Prisoner may apply for review 12
(1) The prisoner may apply, in the approved form, to have the 13
Queensland board review the regional board's refusal of the 14
prisoner's most recent application for a parole order (the most 15
recent parole application). 16
(2) The application for the review must be received by the 17
secretary of the Queensland board within 7 days after the 18
applicant receives the regional board's written notice of the 19
refusal. 20
197 Material to be given to Queensland board 21
When asked by the Queensland board, the secretary of the 22
regional board must give the following to the secretary of the 23
Queensland board-- 24
(a) the most recent parole application; 25
(b) notes of any representations made to the regional board 26
by or for the applicant in relation to the most recent 27
parole application; 28
(c) the reasons why the regional board refused the most 29
recent parole application; 30
(d) any other material the Queensland board considers 31
relevant. 32
s 198 138 s 199
Corrective Services Bill 2006
198 Queensland board's powers 1
(1) After considering the material given to the Queensland board 2
under section 197, the Queensland board may-- 3
(a) confirm the decision of the regional board to refuse the 4
most recent parole application; or 5
(b) set aside the decision and make any decision the 6
regional board could have made. 7
(2) If the president of the Queensland board took part in the 8
regional board meeting at which the most recent parole 9
application was refused, the president must not take part in the 10
review. 11
Division 3 Court ordered parole order 12
199 Court ordered parole order 13
(1) The chief executive must issue a court ordered parole order 14
for a prisoner in accordance with the date fixed for the 15
prisoner's release on parole under the Penalties and Sentences 16
Act 1992, part 9, division 3. 17
(2) However, if the prisoner is being detained on remand for an 18
offence, the chief executive can not issue the court ordered 19
parole order unless-- 20
(a) the prisoner is granted bail in relation to the offence 21
under the Bail Act 1980; or 22
(b) the charge for the offence is withdrawn. 23
(3) The chief executive must give a copy of the court ordered 24
parole order to the prisoner. 25
(4) The prisoner must-- 26
(a) keep the copy of the court ordered parole order in the 27
prisoner's possession while released on parole; and 28
(b) if asked by a police officer or corrective services officer, 29
produce the copy for the officer's inspection. 30
s 200 139 s 200
Corrective Services Bill 2006
Division 4 Conditions of parole 1
200 Conditions of parole 2
(1) A parole order must include conditions requiring the prisoner 3
the subject of the order-- 4
(a) to be under the chief executive's supervision-- 5
(i) until the end of the prisoner's period of 6
imprisonment; or 7
(ii) if the prisoner is being detained in an institution for 8
a period fixed by a judge under the Criminal Law 9
Amendment Act 1945, part 3--for the period the 10
prisoner was directed to be detained; and 11
(b) to carry out the chief executive's lawful instructions; and 12
(c) to give a test sample if required to do so by the chief 13
executive under section 41; and 14
(d) to report, and receive visits, as directed by the chief 15
executive; and 16
(e) to notify the chief executive within 48 hours of any 17
change in the prisoner's address or employment during 18
the parole period; and 19
(f) not to commit an offence. 20
(2) A parole order granted by a parole board may also contain 21
conditions the board reasonably considers necessary-- 22
(a) to ensure the prisoner's good conduct; or 23
(b) to stop the prisoner committing an offence. 24
25
Examples--
26
· a condition about the prisoner's place of residence, employment or
27
participation in a particular program
28
· a condition imposing a curfew for the prisoner
29
· a condition requiring the prisoner to give a test sample
(3) The prisoner must comply with the conditions included in the 30
parole order. 31
s 201 140 s 202
Corrective Services Bill 2006
Division 5 Amending, suspending or 1
cancelling parole order 2
Subdivision 1 Chief executive powers 3
201 Amendment or suspension 4
(1) The chief executive may, by written order, amend a parole 5
order if the chief executive reasonably believes the prisoner-- 6
(a) has failed to comply with the parole order; or 7
(b) poses a serious and immediate risk of harm to himself or 8
herself. 9
10
Example of an amendment--
11
the addition of a condition imposing a curfew for the prisoner
(2) The chief executive may, by written order, suspend a parole 12
order if the chief executive reasonably believes the prisoner-- 13
(a) has failed to comply with the parole order; or 14
(b) poses a serious and immediate risk of harm to someone 15
else; or 16
(c) poses an unacceptable risk of committing an offence; or 17
(d) is preparing to leave Queensland, other than under a 18
written order granting the prisoner leave to travel 19
interstate or overseas. 20
(3) A written order amending or suspending a parole order has 21
effect for the period of not more than 28 days, stated in the 22
written order, starting on the day the written order is given to 23
the prisoner. 24
202 Warrant for prisoner's arrest 25
(1) If the chief executive makes a written order under section 26
201(2) suspending a prisoner's parole order, the chief 27
executive may issue a warrant for the prisoner's arrest. 28
(2) The warrant may be directed to all police officers. 29
s 203 141 s 204
Corrective Services Bill 2006
1
Note--
2
See also the Police Powers and Responsibilities Act 2000, section 449.
(3) When arrested, the prisoner must be taken to a prison to be 3
kept there for the suspension period. 4
203 Cancelling amendment or suspension order and 5
withdrawing warrant 6
(1) Immediately on making a written order amending or 7
suspending a parole order, the chief executive must give 8
written notice of the grounds of the making of the written 9
order to the secretary of-- 10
(a) the parole board that made the parole order; or 11
(b) for a court ordered parole order--a regional parole 12
board. 13
(2) The chief executive must give the parole board any further 14
information about the amendment or suspension it requires. 15
(3) Unless the amendment or suspension has been cancelled by 16
the chief executive, the parole board may at any time-- 17
(a) cancel the chief executive's order for the amendment or 18
suspension; and 19
(b) if a warrant has been issued but not executed--require 20
the chief executive to immediately withdraw the 21
warrant. 22
Subdivision 2 Parole board powers 23
204 Definitions for sdiv 2 24
In this subdivision-- 25
parole board means-- 26
(a) for a parole order made by the Queensland board--the 27
Queensland board; or 28
(b) for a parole order made by a regional board or a court 29
ordered parole order--any regional board. 30
suspend means suspend for a fixed or indeterminate period. 31
s 205 142 s 205
Corrective Services Bill 2006
205 Amendment, suspension or cancellation 1
(1) A parole board may, by written order, amend a parole order-- 2
(a) by amending or removing a condition imposed under 3
section 200(2) if the board reasonably believes-- 4
(i) the condition, as amended, is necessary for a 5
purpose mentioned in the subsection; or 6
(ii) the condition is no longer necessary for a purpose 7
mentioned in the subsection; or 8
(b) if the board reasonably believes the prisoner poses a 9
serious risk of harm to himself or herself. 10
(2) A parole board may, by written order-- 11
(a) amend, suspend or cancel a parole order if the board 12
reasonably believes the prisoner subject to the parole 13
order-- 14
(i) has failed to comply with the parole order; or 15
(ii) poses a serious risk of harm to someone else; or 16
(iii) poses an unacceptable risk of committing an 17
offence; or 18
(iv) is preparing to leave Queensland, other than under 19
a written order granting the prisoner leave to travel 20
interstate or overseas; or 21
(b) amend, suspend or cancel a parole order, other than a 22
court ordered parole order, if the board receives 23
information that, had it been received before the parole 24
order was made, would have resulted in the parole board 25
that made the order making a different parole order or 26
not making a parole order; or 27
(c) amend or suspend a parole order if the prisoner subject 28
to the parole order is charged with committing an 29
offence. 30
(3) If practicable, a parole board must, before amending a 31
prisoner's parole order, give the prisoner an information 32
notice and a reasonable opportunity to be heard on the 33
proposed amendment. 34
s 206 143 s 207
Corrective Services Bill 2006
(4) A written order amending, suspending or cancelling a parole 1
order has effect from when it is made by the parole board. 2
(5) In this section-- 3
information notice means a notice-- 4
(a) stating the parole board is proposing to amend the 5
parole order; and 6
(b) advising the reason for the proposed action; and 7
(c) inviting the prisoner to show cause, by written 8
submissions given to the board within 21 days after the 9
notice is given, why the board should not take the 10
proposed action. 11
206 Warrant for prisoner's arrest 12
(1) If a parole board suspends or cancels a prisoner's parole 13
order-- 14
(a) the board may issue a warrant, signed by a member or 15
the secretary of the board, for the prisoner's arrest; or 16
(b) a magistrate, on the application of the board or a 17
member of the board, may issue a warrant for the 18
prisoner's arrest. 19
(2) The warrant may be directed to all police officers. 20
21
Note--
22
See also the Police Powers and Responsibilities Act 2000, section 449.
(3) When arrested, the prisoner must be taken to a prison-- 23
(a) if the order was suspended--to be kept there for the 24
suspension period; or 25
(b) if the order was cancelled--to serve the unexpired 26
portion of the prisoner's period of imprisonment. 27
207 Application for grant of parole after court ordered parole 28
order cancelled 29
If a regional parole board cancels a prisoner's court ordered 30
parole order, any application for a subsequent grant of parole 31
s 208 144 s 209
Corrective Services Bill 2006
during the prisoner's same period of imprisonment must be to 1
a regional parole board. 2
208 Reconsidering decision to suspend or cancel parole 3
order 4
(1) If a parole board makes a written order suspending or 5
cancelling a prisoner's parole order, the board must give the 6
prisoner an information notice on the prisoner's return to 7
prison. 8
(2) The parole board must consider all written submissions given 9
to it by the prisoner within the 21 days mentioned in the 10
information notice and inform the prisoner, by written notice, 11
whether the board has changed its decision, and if so, how. 12
(3) If the board changes its decision, the changed decision has 13
effect. 14
(4) In this section-- 15
information notice means a notice-- 16
(a) stating the parole board has decided to suspend or 17
cancel the parole order; and 18
(b) advising the reason for the decision; and 19
(c) inviting the prisoner to show cause, by written 20
submissions given to the board within 21 days after the 21
notice is given, why the board should change its 22
decision. 23
Subdivision 3 Automatic cancellation 24
209 Automatic cancellation of order by further imprisonment 25
(1) A prisoner's parole order is automatically cancelled if the 26
prisoner is sentenced to another period of imprisonment for an 27
offence committed, in Queensland or elsewhere, during the 28
period of the order. 29
(2) Subsection (1) applies even if the period of the parole order 30
has expired. 31
s 210 145 s 210
Corrective Services Bill 2006
1
Note--
2
See section 211 for the effect of the cancellation.
(3) However, subsection (1) does not apply if-- 3
(a) the prisoner is required to serve the period of 4
imprisonment mentioned in the subsection in default 5
of-- 6
(i) paying a fine or another amount required to be paid 7
under a court order; or 8
(ii) making restitution required to be made under a 9
court order; or 10
(b) the period of imprisonment mentioned in the 11
subsection-- 12
(i) is required to be served under an intensive 13
correction order; or 14
(ii) is wholly suspended under the Penalties and 15
Sentences Act 1992, part 8. 16
210 Warrant for prisoner's arrest 17
(1) If a prisoner's parole order is automatically cancelled under 18
section 209-- 19
(a) a parole board may issue a warrant, signed by a member 20
or the secretary of the board, for the prisoner's arrest; or 21
(b) a magistrate, on the application of a parole board or a 22
member of a parole board, may issue a warrant for the 23
prisoner's arrest. 24
(2) The warrant may be directed to all police officers. 25
26
Note--
27
See also the Police Powers and Responsibilities Act 2000, section 449.
(3) When arrested, the prisoner must be taken to a prison to serve 28
the unexpired portion of the prisoner's period of 29
imprisonment. 30
(4) In this section-- 31
parole board means-- 32
s 211 146 s 211
Corrective Services Bill 2006
(a) if the prisoner was released by the Queensland 1
board--the Queensland board; or 2
(b) if the prisoner was released by a regional board or under 3
a court ordered parole order--any regional board. 4
Subdivision 4 Effect of cancellation 5
211 Effect of cancellation 6
(1) This section applies if a prisoner's parole order is cancelled-- 7
(a) under section 205(2)(a)(i) because the prisoner failed to 8
comply with the parole order; or 9
(b) under section 205(2)(a)(ii) because the prisoner posed a 10
serious risk of harm to someone else; or 11
(c) under section 205(2)(a)(iii) because the prisoner posed 12
an unacceptable risk of committing an offence; or 13
(d) under section 205(2)(a)(iv) because the prisoner was 14
preparing to leave Queensland, other than under a 15
written order granting the prisoner leave to travel 16
interstate or overseas; or 17
(e) under section 205(2)(b) because the parole board 18
received information that, had it been received before 19
the parole order was made, would have resulted in the 20
parole board that made the parole order making a 21
different parole order or not making the parole order; or 22
(f) under section 209 because the prisoner was sentenced to 23
another term of imprisonment for an offence committed, 24
in Queensland or elsewhere, during the period of the 25
parole order. 26
(2) The time for which the prisoner was released on parole before 27
1 of the following events happens counts as time served under 28
the prisoner's period of imprisonment-- 29
(a) the prisoner failed to comply with the parole order as 30
mentioned in subsection (1)(a); 31
(b) the parole order was cancelled for the reason mentioned 32
in subsection (1)(b), (c), (d) or (e); 33
s 212 147 s 213
Corrective Services Bill 2006
(c) the prisoner committed the offence mentioned in 1
subsection (1)(f). 2
(3) Despite section 206(3)(b), the Queensland board may, by 3
written order, direct that the prisoner serve only part of the 4
unexpired portion of the prisoner's period of imprisonment. 5
(4) A regional board can not make an order mentioned in 6
subsection (3), even if the regional board released the 7
prisoner. 8
Division 6 Other provisions about parole 9
orders 10
212 Travelling interstate while released on parole 11
(1) The chief executive may, by written order, grant leave to a 12
prisoner who is released on parole to travel interstate for a 13
period of not more than 7 days. 14
(2) However, if the prisoner is subject to a court ordered parole 15
order, the period of leave may be more than 7 days. 16
(3) The parole board that released a prisoner on parole may, by 17
written order, grant leave to the prisoner to travel interstate for 18
a period of more than 7 days. 19
(4) Leave granted under this section is subject to the conditions 20
the entity granting the leave decides. 21
213 Travelling overseas while released on parole 22
(1) The Queensland board may, by written order, grant leave to a 23
prisoner who is released on parole to travel overseas for a 24
stated period for compassionate purposes in exceptional 25
circumstances. 26
(2) A regional board can not grant leave for a prisoner to travel 27
overseas even if the regional board released the prisoner on 28
parole. 29
(3) Leave granted under this section is subject to the conditions 30
the Queensland board decides. 31
s 214 148 s 218
Corrective Services Bill 2006
214 Prisoner released on parole taken to be still serving 1
sentence 2
A prisoner released on parole is taken to be still serving the 3
sentence imposed on the prisoner. 4
215 Expiry of parole order 5
A prisoner is taken to have served the prisoner's period of 6
imprisonment if the prisoner's parole order expires without 7
being cancelled under section 205 or 209. 8
Part 2 Parole boards 9
Division 1 Queensland board 10
216 Establishment 11
There is to be a Queensland Parole Board. 12
217 Functions 13
The functions of the Queensland board are-- 14
(a) to decide applications for parole orders, other than court 15
ordered parole orders; and 16
(b) to approve resettlement leave programs for prisoners; 17
and 18
(c) to perform other functions given to it under an Act. 19
218 Membership 20
(1) The Queensland board must consist of the following 21
members-- 22
(a) a president and a deputy president, appointed by the 23
Governor in Council by gazette notice, each of whom 24
is-- 25
s 219 149 s 219
Corrective Services Bill 2006
(i) a retired judge of a State court, the High Court or a 1
court constituted under a Commonwealth Act; or 2
(ii) a lawyer who has engaged in legal practice for at 3
least 5 years; 4
(b) 5 other members, appointed by the Governor in Council 5
by gazette notice, of whom-- 6
(i) at least 1 is an Aboriginal or Torres Strait Islander 7
person; and 8
(ii) at least 1 is a doctor or psychologist; and 9
(iii) at least 2 are women; 10
(c) a public service officer employed in the department and 11
nominated by the chief executive. 12
(2) The Governor in Council may end an appointed member's 13
appointment at any time. 14
(3) It is unnecessary for any reasons to be given for ending the 15
appointment. 16
219 Disqualification from membership 17
The following persons are not qualified to be, or to continue 18
as, a member of the Queensland board-- 19
(a) a doctor appointed for a prison; 20
(b) a volunteer; 21
(c) an official visitor; 22
(d) a public service officer, other than-- 23
(i) a doctor; or 24
(ii) the member mentioned in section 218(1)(c); 25
(e) a person appointed or employed under-- 26
(i) the Crime and Misconduct Act 2001; or 27
(ii) the Director of Public Prosecutions Act 1984; or 28
(iii) the Police Service Administration Act 1990; 29
(f) an engaged service provider; 30
(g) an employee of an engaged service provider. 31
s 220 150 s 224
Corrective Services Bill 2006
220 Term of member's appointment 1
(1) An appointed member of the Queensland board may be 2
appointed for a term of up to 3 years. 3
(2) If a successor has not been appointed by the end of the 4
member's term, the member continues to hold office until a 5
successor is appointed. 6
(3) An appointed member may be reappointed. 7
221 Remuneration of members 8
An appointed member of the Queensland board is entitled to 9
be paid the fees, allowances and expenses decided by the 10
Governor in Council. 11
222 Vacation of member's office 12
The office of an appointed member of the Queensland board 13
becomes vacant if-- 14
(a) the member resigns office by signed notice given to the 15
Minister; or 16
(b) the member is not qualified to continue as a member; or 17
(c) the Governor in Council ends the member's 18
appointment. 19
223 Secretary 20
The chief executive must appoint a public service officer as 21
secretary of the Queensland board. 22
224 Meetings 23
(1) The Queensland board must meet as often as is necessary to 24
perform its functions. 25
(2) A meeting may be called by the president or, in the absence of 26
the president, the deputy president. 27
(3) In the absence of the president and deputy president, the 28
secretary may call a meeting to consider whether a parole 29
order should be amended, suspended or cancelled. 30
s 225 151 s 226
Corrective Services Bill 2006
(4) The board may hold meetings, or allow members to take part 1
in meetings, by using a contemporaneous communication link 2
between the members. 3
(5) A member who takes part in a meeting under subsection (4) is 4
taken to be present at the meeting. 5
(6) The quorum for a meeting is 4 members. 6
(7) The chairperson of a meeting is the president or, in the 7
president's absence, the deputy president. 8
(8) The chairperson must identify and decide all questions of law 9
that need to be decided at a meeting. 10
(9) All other questions must be decided by a majority of votes of 11
the members present. 12
(10) If there is an equality of votes, the chairperson has a casting 13
vote. 14
(11) A prisoner granted leave to appear before the board under 15
section 190 may appear before a meeting-- 16
(a) by using a contemporaneous communication link 17
between the prisoner and the board; or 18
(b) if the prisoner has a special need--by attending 19
personally. 20
(12) The board may otherwise conduct its meetings in the way it 21
considers appropriate. 22
225 Attendance of staff member at meetings 23
If asked to do so by the secretary, a staff member must-- 24
(a) attend a meeting of the Queensland board, including by 25
using a contemporaneous communication link between 26
the staff member and the board; and 27
(b) give the information the board asks for to help it decide 28
a matter relating to a parole order. 29
226 Attendance of board member at regional board meetings 30
(1) A member of the Queensland board nominated by the 31
Queensland board (the nominated member) may attend, and 32
s 227 152 s 228
Corrective Services Bill 2006
participate in the consideration of any business before, a 1
meeting of a regional board. 2
(2) The president of the Queensland board can not be the 3
nominated member. 4
5
Note--
6
Under section 232(1)(a), the president of the Queensland board is the
7
president of the regional board.
(3) The nominated member can not vote at the meeting. 8
227 Guidelines 9
(1) The Minister may make guidelines about the policy to be 10
followed by the Queensland board when performing its 11
functions. 12
(2) The Queensland board may, in consultation with the chief 13
executive, make guidelines about-- 14
(a) the policy to be followed by a regional board when-- 15
(i) performing its functions; or 16
(ii) conducting its business, including, for example, the 17
procedure at its meetings; and 18
(b) the matters to be dealt with, and the information to be 19
contained, in an annual report given by a regional board 20
to the Queensland board under section 240. 21
(3) The guidelines made by the Queensland board must be 22
consistent with the guidelines made by the Minister under 23
subsection (1). 24
228 Annual report 25
(1) For each financial year, the Queensland board must give the 26
Minister a report about-- 27
(a) the operation of this Act in relation to parole orders, 28
other than court ordered parole orders; and 29
(b) the activities of the Queensland board and each regional 30
board; and 31
(c) the effectiveness of each regional board. 32
s 229 153 s 231
Corrective Services Bill 2006
(2) The report must state the number of persons who, in that year, 1
were-- 2
(a) released on parole, other than under a court ordered 3
parole order; and 4
(b) returned to prison after their parole order, including a 5
court ordered parole order, was suspended or cancelled. 6
(3) The report must be given to the Minister on or before the next 7
30 September after the end of the financial year to which the 8
report relates. 9
229 Special report 10
If asked by the Minister, the Queensland board must give the 11
Minister a written report about the operation of this Act in 12
relation to-- 13
(a) parole orders; or 14
(b) the performance of a function by the Queensland board 15
or a regional board. 16
Division 2 Regional boards 17
230 Establishment 18
A regulation may-- 19
(a) establish or abolish a regional parole board for an area 20
of the State stated in the regulation; and 21
(b) assign a name to a regional parole board. 22
231 Functions 23
The functions of a regional board are-- 24
(a) to decide applications for parole orders, other than court 25
ordered parole orders; and 26
(b) to perform other functions given to it under an Act. 27
s 232 154 s 233
Corrective Services Bill 2006
232 Membership 1
(1) A regional board must consist of the following members-- 2
(a) a president, appointed by the Governor in Council by 3
gazette notice, who is the president of the Queensland 4
board; 5
(b) a deputy president, appointed by the Governor in 6
Council by gazette notice, who is-- 7
(i) a retired judge of a State court, the High Court or a 8
court constituted under a Commonwealth Act; or 9
(ii) a lawyer who has engaged in legal practice for at 10
least 5 years; 11
(c) the required number of other members for the regional 12
board, appointed by the Governor in Council by gazette 13
notice, of whom-- 14
(i) at least 1 is an Aboriginal or Torres Strait Islander 15
person; and 16
(ii) at least 1 is a doctor or psychologist; and 17
(iii) at least 2 are women; 18
(d) a public service officer employed in the department and 19
nominated by the chief executive. 20
(2) The Governor in Council may end an appointed member's 21
appointment at any time. 22
(3) It is unnecessary for any reasons to be given for ending the 23
appointment. 24
(4) In this section-- 25
required number, of other members for a regional board, 26
means the number of other members decided by the Minister 27
for the regional board. 28
233 Disqualification from membership 29
The following persons are not qualified to be, or to continue 30
as, a member of a regional board-- 31
(a) a doctor appointed for a prison; 32
(b) a volunteer; 33
s 234 155 s 236
Corrective Services Bill 2006
(c) an official visitor; 1
(d) a public service officer, other than-- 2
(i) a doctor; or 3
(ii) the member mentioned in section 232(1)(d); 4
(e) a person appointed or employed under-- 5
(i) the Crime and Misconduct Act 2001; or 6
(ii) the Director of Public Prosecutions Act 1984; or 7
(iii) the Police Service Administration Act 1990; 8
(f) an engaged service provider; 9
(g) an employee of an engaged service provider. 10
234 Term of member's appointment 11
(1) An appointed member of a regional board may be appointed 12
for a term of up to 3 years. 13
(2) If a successor has not been appointed by the end of the 14
member's term, the member continues to hold office until a 15
successor is appointed. 16
(3) An appointed member may be reappointed. 17
235 Remuneration of members 18
An appointed member of a regional board is entitled to be 19
paid the fees, allowances and expenses decided by the 20
Governor in Council. 21
236 Vacation of member's office 22
The office of an appointed member of a regional board 23
becomes vacant if-- 24
(a) the member resigns office by signed notice given to the 25
Minister; or 26
(b) the member is not qualified to continue as a member; or 27
(c) the Governor in Council ends the member's 28
appointment. 29
s 237 156 s 238
Corrective Services Bill 2006
237 Secretary 1
For each regional board, the chief executive must appoint a 2
public service officer as secretary of the board. 3
238 Meetings 4
(1) A regional board must meet as often as is necessary to 5
perform its functions. 6
(2) A meeting may be called by the president or, in the absence of 7
the president, the deputy president. 8
(3) In the absence of the president and deputy president, the 9
secretary may call a meeting to consider whether a parole 10
order should be amended, suspended or cancelled. 11
(4) A regional board must meet only in the area of the State for 12
which it is established. 13
(5) However, the board may hold meetings, or allow members to 14
take part in meetings, by using a contemporaneous 15
communication link between the members. 16
(6) A member who takes part in a meeting under subsection (5) is 17
taken to be present at the meeting. 18
(7) The quorum for a meeting is 4 members. 19
(8) The chairperson of a meeting is the president or, in the 20
president's absence, the deputy president. 21
(9) The chairperson must identify and decide all questions of law 22
that need to be decided at a meeting. 23
(10) All other questions must be decided by a majority of votes of 24
the members present. 25
(11) If there is an equality of votes, the chairperson has a casting 26
vote. 27
(12) A prisoner may appear before a meeting of the board-- 28
(a) by using a contemporaneous communication link 29
between the prisoner and the board; or 30
(b) if the prisoner has a special need--by attending 31
personally. 32
s 239 157 s 242
Corrective Services Bill 2006
(13) The board may otherwise conduct its meetings in the way it 1
considers appropriate. 2
239 Attendance of staff member at meetings 3
If asked to do so by the secretary, a staff member must-- 4
(a) attend a meeting of a regional board, including by using 5
a contemporaneous communication link between the 6
staff member and the board; and 7
(b) give the information the board asks for to help it decide 8
a matter relating to a parole order. 9
240 Annual report 10
(1) For each financial year, a regional board must give the 11
Queensland board a report about the matters required under 12
the guidelines made by the Queensland board as mentioned in 13
section 227. 14
(2) The report must be given to the Queensland board within 14 15
days after the end of the financial year to which the report 16
relates. 17
(3) A regional board must give the Queensland board the 18
information it asks for to help it prepare a report under section 19
229. 20
Division 3 Parole board powers 21
241 General powers 22
A parole board has power to do all things necessary or 23
convenient to be done for, or in connection with, the 24
performance of its functions. 25
242 Power to require attendance 26
(1) A parole board may, by written notice (attendance notice), 27
require a person to attend a meeting of the board at a stated 28
time and place-- 29
s 242 158 s 242
Corrective Services Bill 2006
(a) to give the board relevant information; or 1
(b) to produce a stated document containing relevant 2
information. 3
(2) If a document is produced to the parole board at the meeting, 4
the board may inspect the document or make copies of it. 5
(3) A person given an attendance notice must-- 6
(a) attend as required by the attendance notice, unless the 7
person has a reasonable excuse; and 8
(b) give the parole board the relevant information that a 9
board member requires the person to give, unless the 10
person has a reasonable excuse; and 11
(c) produce a document containing relevant information 12
that the person is required to produce by the attendance 13
notice, unless the person has a reasonable excuse. 14
Maximum penalty--10 penalty units. 15
(4) It is a reasonable excuse for a person to fail to give relevant 16
information or produce a document if giving the information 17
or producing the document might tend to incriminate the 18
person. 19
(5) If a person is required by an attendance notice to attend a 20
parole board meeting, the secretary of the board must pay the 21
person's reasonable expenses of attending the meeting as 22
certified by the chairperson of the meeting. 23
(6) A person required by an attendance notice to attend a parole 24
board meeting may attend the meeting by using a 25
contemporaneous communication link between the person 26
and the board. 27
(7) In this section-- 28
relevant information means information relating to-- 29
(a) a prisoner's application for a parole order, other than a 30
court ordered parole order; or 31
(b) a prisoner's parole order, including a court ordered 32
parole order. 33
s 243 159 s 246
Corrective Services Bill 2006
Part 3 General 1
243 Legal proceedings 2
A legal proceeding based on an act, omission or decision of a 3
parole board may only be started against the members of the 4
board under the name of the board. 5
244 Corrective services officer subject to direction of parole 6
board 7
For enforcing a parole order, other than a court ordered parole 8
order, a corrective services officer is subject to the directions 9
of the parole board that made the order. 10
245 Chief executive must prepare and give report to parole 11
board 12
If asked to do so by a parole board, the chief executive must 13
give the board a report on, or information relating to, the 14
following-- 15
(a) a prisoner's application for a parole order, other than a 16
court ordered parole order, or approval of a resettlement 17
leave program; 18
(b) a prisoner; 19
(c) a parole order, including a court ordered parole order; 20
(d) an approved resettlement leave program. 21
246 Invalidity of parole board's acts, proceedings or 22
decisions 23
An act, proceeding or decision of a parole board is not 24
invalidated or in any way prejudiced only because of a 25
vacancy in the membership of the board at the time of the act, 26
proceeding or decision. 27
s 247 160 s 250
Corrective Services Bill 2006
247 Authentication of document 1
A document made by a parole board for this Act is sufficiently 2
authenticated if it is signed by the president of the board, or by 3
the secretary of the board at the president's direction. 4
Chapter 6 Administration 5
Part 1 Grant of financial assistance 6
Division 1 Application for grant 7
248 Application 8
An entity, other than a public sector entity, may apply in 9
writing to the chief executive for a grant of financial 10
assistance to provide a program or service to help prisoners or 11
their families. 12
249 No entitlement to financial assistance 13
The chief executive is not required to approve a grant of 14
financial assistance for an entity. 15
250 Approval of grant 16
(1) The chief executive may approve a grant of financial 17
assistance if satisfied the program or service funded by the 18
grant will-- 19
(a) promote prisoner welfare; or 20
(b) help former prisoners reintegrate into the community 21
after their release from custody. 22
(2) In deciding whether to approve the grant, the matters the chief 23
executive may consider include the following-- 24
s 251 161 s 252
Corrective Services Bill 2006
(a) whether the program or service is currently provided 1
for; 2
(b) whether the entity is receiving financial assistance from 3
another source to provide the program or service, and if 4
so, the extent of the assistance. 5
251 Who may receive approval for one-off financial 6
assistance 7
The chief executive may approve a grant of one-off financial 8
assistance for an entity. 9
Division 2 Conditions of grant 10
Subdivision 1 Agreement 11
252 No financial assistance without agreement 12
(1) If the chief executive approves a grant of financial assistance 13
for an entity, the chief executive must enter into a written 14
agreement with the entity (a financial assistance agreement) 15
for giving the financial assistance. 16
(2) The chief executive may give the financial assistance to the 17
entity only if the entity has entered into a financial assistance 18
agreement for the assistance. 19
(3) If the entity is not a body corporate, the member or members 20
of the entity as required by the chief executive, must agree in 21
writing to the conditions on which the grant is made. 22
(4) Despite subsection (2), the chief executive may give financial 23
assistance before a financial assistance agreement is entered 24
into if satisfied-- 25
(a) there is an urgent need for the assistance; and 26
(b) it is not practicable to enter into a financial assistance 27
agreement before assistance is given. 28
(5) If subsection (4) applies, the entity must-- 29
s 253 162 s 253
Corrective Services Bill 2006
(a) before receiving the financial assistance, agree in 1
writing to enter into a financial assistance agreement 2
after receiving the assistance within a stated time 3
decided by the chief executive; and 4
(b) enter into the financial assistance agreement within that 5
time. 6
(6) Recurrent financial assistance must stop if the entity has not 7
entered into a financial assistance agreement within the stated 8
time. 9
253 What financial assistance agreement is to contain 10
(1) A financial assistance agreement must state each of the 11
following the chief executive considers relevant to the 12
financial assistance-- 13
(a) the amount of assistance; 14
(b) whether the assistance is recurrent or one-off assistance; 15
(c) the period of the agreement and, for recurrent 16
assistance, how often assistance is to be given; 17
(d) the type of program or service to be provided; 18
(e) the place at which the program or service is to be 19
provided; 20
(i) the way the entity is to report to the chief executive; 21
(k) the circumstances in which the entity is in breach of the 22
agreement; 23
(l) the action that may be taken by the chief executive for a 24
breach of the agreement, including the suspension or 25
stopping of financial assistance. 26
(2) A financial assistance agreement must also state that it is a 27
condition of the agreement that the grantee give the chief 28
executive written notice within 30 days after becoming aware 29
of any of the following matters, unless the grantee has a 30
reasonable excuse-- 31
(a) the grantee's address changes; 32
s 254 163 s 256
Corrective Services Bill 2006
(b) for a nonprofit corporation--the grantee is under 1
external administration under the Corporations Act or a 2
similar law of a foreign jurisdiction; 3
(c) a matter prescribed under a regulation. 4
(3) The agreement may also include other matters the chief 5
executive considers necessary to give effect to or enforce the 6
agreement. 7
(4) If there is an inconsistency between the agreement and 8
subdivisions 2 to 4, the agreement is ineffective to the extent 9
of the inconsistency. 10
254 Chief executive's powers not limited by agreement 11
The chief executive's powers under this part are not limited by 12
the inclusion of a matter in an agreement under section 253. 13
Subdivision 2 Insurance and prescribed 14
requirements 15
255 Insurance 16
(1) A grantee must ensure there is in force, for the program or 17
service for which financial assistance is given under this part, 18
adequate insurance cover to manage the risks to the grantee. 19
(2) Without limiting subsection (1), the insurance cover must 20
comply with any requirements under another law or the 21
financial assistance agreement. 22
256 Prescribed requirements 23
(1) A regulation may prescribe requirements relating to the 24
provision of programs or services by grantees. 25
(2) Without limiting subsection (1), a regulation may prescribe a 26
requirement about-- 27
(a) how a grantee conducts its operations while providing a 28
program or service for which it has received financial 29
assistance under this part, including-- 30
s 257 164 s 257
Corrective Services Bill 2006
(i) financial management and accountability; and 1
(ii) corporate governance; or 2
(b) how a grantee delivers the programs or services, 3
including-- 4
(i) deciding eligibility and priority for programs or 5
services; and 6
(ii) giving information; and 7
(iii) resolving disputes. 8
(3) A requirement may include provision about-- 9
(a) preparing, maintaining, publishing or implementing a 10
policy; or 11
(b) reporting to the chief executive; or 12
(c) maintaining any accreditation that is relevant to the 13
delivery of the program or service. 14
15
Example--
16
accreditation to deliver sexual assault counselling
257 Grantee must comply with prescribed requirements 17
A grantee must not contravene a prescribed requirement 18
relating to the provision of a program or service for which the 19
grantee has been given financial assistance under this part. 20
21
Notes--
22
1 Under section 262, a grantee may be given a compliance notice
23
requiring the grantee to remedy a contravention of a prescribed
24
requirement.
25
2 The extent of a grantee's compliance with, or contravention of, a
26
prescribed requirement is likely to be a relevant matter for the chief
27
executive to consider when deciding the further assistance, if any, to
28
give to the grantee under this part.
29
3 A financial assistance agreement may include a provision about the
30
consequences of a contravention of a prescribed requirement.
s 258 165 s 261
Corrective Services Bill 2006
Subdivision 3 Monitoring compliance with 1
conditions 2
258 Chief executive's examination of records 3
(1) The chief executive may ask a grantee to produce to the chief 4
executive records kept in relation to amounts received under 5
the grant. 6
(2) The chief executive may examine and make copies of, or take 7
extracts from, the records relating to the receipt and spending 8
of the amounts. 9
Subdivision 4 Noncompliance with conditions and 10
prescribed requirements 11
259 Chief executive's powers if suspicion that condition not 12
complied with 13
The chief executive may exercise 1 or more of the powers 14
under sections 260 and 261 if the chief executive reasonably 15
suspects that a condition of a grant of financial assistance is 16
not being, or has not been, complied with. 17
260 Chief executive may ask grantee to provide explanation 18
(1) The chief executive may, in writing, ask the grantee to explain 19
to the chief executive why-- 20
(a) further payments under the grant should be made; and 21
(b) amounts paid under the grant should not be required to 22
be refunded. 23
(2) The request must allow 21 days after the day of its receipt 24
before the grantee must give the explanation. 25
261 Chief executive may suspend further payments 26
The chief executive may suspend further payments under the 27
grant if the chief executive makes a request under section 260 28
and the grantee-- 29
s 262 166 s 262
Corrective Services Bill 2006
(a) does not give an explanation to the chief executive 1
within 21 days after receiving the request; or 2
(b) fails to satisfy the chief executive that the conditions of 3
the grant are being, and have been, complied with. 4
262 Compliance notice 5
(1) This section applies if the chief executive reasonably believes 6
a grantee-- 7
(a) is contravening a prescribed requirement; or 8
(b) has contravened a prescribed requirement in 9
circumstances that make it likely the contravention will 10
continue or be repeated. 11
(2) The chief executive may give the grantee a notice (a 12
compliance notice) requiring the grantee to remedy the 13
contravention. 14
(3) The compliance notice must state the following-- 15
(a) that the chief executive reasonably believes the 16
grantee-- 17
(i) is contravening a prescribed requirement; or 18
(ii) has contravened a prescribed requirement in 19
circumstances that make it likely the contravention 20
will continue or be repeated; 21
(b) the prescribed requirement the chief executive believes 22
is being, or has been, contravened; 23
(c) briefly, how it is believed the prescribed requirement is 24
being, or has been, contravened; 25
(d) that the grantee must remedy the contravention within a 26
stated reasonable time; 27
(e) that if the grantee fails, without reasonable excuse, to 28
comply with the compliance notice, the chief executive 29
may, under subsection (5), not give financial assistance 30
to the grantee. 31
(4) The compliance notice may also state the steps that the chief 32
executive reasonably believes are necessary to remedy the 33
s 263 167 s 263
Corrective Services Bill 2006
contravention, or avoid further contravention, of the 1
prescribed requirement. 2
(5) If the grantee fails to comply with the compliance notice, the 3
chief executive is not required to give any assistance, or 4
further assistance, to the grantee under a financial assistance 5
agreement in force when the relevant compliance notice was 6
given, despite any provision of the agreement. 7
(6) This section does not limit-- 8
(a) a remedy available to the chief executive under a 9
financial assistance agreement; or 10
(b) the chief executive's powers apart from this section. 11
Part 2 Chief executive 12
263 Functions and powers 13
(1) Subject to any direction of the Minister, the chief executive is 14
responsible for-- 15
(a) the security and management of all corrective services 16
facilities; and 17
(b) the safe custody and welfare of all prisoners; and 18
(c) the supervision of offenders in the community. 19
(2) The chief executive has-- 20
(a) the power to do all things necessary or convenient to be 21
done for, or in connection with, the performance of the 22
chief executive's functions under an Act; and 23
24
Example--
25
The chief executive may order the inspection of a corrective
26
services facility whether or not an incident has happened at the
27
facility.
(b) the powers of an inspector, including the chief inspector, 28
and a corrective services officer. 29
s 264 168 s 265
Corrective Services Bill 2006
(3) To remove any doubt, it is declared that the chief executive 1
may exercise a power mentioned in subsection (2)(b) in a 2
place other than a corrective services facility. 3
4
Example--
5
The chief executive may order a search of a prisoner who is in a vehicle
6
being used to transport offenders.
264 Administrative directions 7
(1) The chief executive may, in writing, give an administrative 8
direction to facilitate the effective and efficient management 9
of corrective services. 10
11
Example--
12
a direction to ensure mobile telephones are not brought into a corrective
13
services facility
(2) Each person to whom the direction applies must comply with 14
it. 15
265 Administrative procedures 16
(1) The chief executive must make administrative procedures to 17
facilitate the effective and efficient management of corrective 18
services. 19
20
Example--
21
a procedure for dealing with applications for early discharge
(2) The administrative procedures must take into account the 22
special needs of offenders. 23
(3) The chief executive must publish the administrative 24
procedures on the department's website on the Internet. 25
26
Note--
27
At the commencement of this section, the department's website on the
28
Internet is .
(4) However, the chief executive need not publish an 29
administrative procedure if the publication might pose a risk 30
to the security or good order of a corrective services facility. 31
s 266 169 s 268
Corrective Services Bill 2006
266 Programs and services to help offenders 1
(1) The chief executive must establish programs or services-- 2
(a) for the medical or religious welfare of prisoners; and 3
(b) to help prisoners reintegrate into the community after 4
their release from custody, including by acquiring skills; 5
and 6
(c) to initiate, keep and improve relationships between 7
offenders and members of their families and the 8
community; and 9
(d) to help rehabilitate offenders. 10
(2) The programs or services must take into account the special 11
needs of offenders. 12
13
Example--
14
Whenever possible, female doctors must be appointed to prisons for
15
female prisoners.
267 Monitoring devices 16
If the chief executive considers it reasonably necessary, the 17
chief executive may require an offender to wear a device for 18
monitoring the offender's location. 19
20
Example--
21
The chief executive may require an offender who is released on parole
22
or is on resettlement leave to wear a monitoring device.
268 Declaration of emergency 23
(1) This section applies if the chief executive reasonably believes 24
a situation exists at a prison that threatens or is likely to 25
threaten-- 26
(a) the security or good order of the prison; or 27
(b) the safety of a prisoner or another person in the prison. 28
(2) The chief executive may, with the Minister's approval, declare 29
that an emergency exists in relation to the prison for a stated 30
period that must not be more than 3 days. 31
(3) The declaration lapses at the end of the stated period unless-- 32
s 269 170 s 270
Corrective Services Bill 2006
(a) it is sooner revoked by the chief executive; or 1
(b) another declaration is made to take effect. 2
(4) While the declaration is in force, the chief executive may-- 3
(a) restrict any activity in, or access to, the prison; or 4
(b) order that prisoners' privileges or a stated prisoner's 5
privileges be withheld; or 6
(c) authorise police officers to perform a function or 7
exercise a power of a corrective services officer, under 8
the direction of the senior police officer present. 9
(5) In this section-- 10
prison includes part of a prison. 11
269 Commissioner to provide police to help chief executive 12
(1) The chief executive may ask the commissioner to provide 13
police officers to help the chief executive in the performance 14
of the chief executive's functions. 15
(2) The commissioner must comply with the request. 16
270 Community service 17
(1) The chief executive may, in writing, declare an activity to be 18
community service for this Act or the Penalties and Sentences 19
Act 1992. 20
(2) The chief executive may appoint an appropriately qualified 21
person (a community service supervisor) to supervise 22
offenders performing community service. 23
(3) A community service supervisor-- 24
(a) ceases to be appointed at the end of the term stated in 25
the instrument of appointment; and 26
(b) may resign by signed notice given to the chief executive. 27
s 271 171 s 272
Corrective Services Bill 2006
271 Delegation of functions of chief executive 1
(1) The chief executive may delegate to an appropriately qualified 2
person (the delegate) a function of the chief executive under 3
this Act. 4
(2) The delegation may permit the delegate to subdelegate the 5
delegated function to an appropriately qualified person. 6
(3) In this section-- 7
appropriately qualified person includes any of the 8
following-- 9
(a) an employee of the department; 10
(b) an engaged service provider or an employee of an 11
engaged service provider; 12
(c) a corrective services officer. 13
function includes a power. 14
Part 3 Engaged service providers 15
272 Engaging service provider 16
(1) The chief executive may, in writing, authorise an entity (an 17
engaged service provider) to perform an office holder's 18
functions (authorised functions). 19
(2) When performing authorised functions, an engaged service 20
provider has the same powers as the office holder, including a 21
power of delegation, but not including the power to authorise 22
an engaged service provider under subsection (1). 23
(3) The chief executive may give the authority subject to stated 24
conditions, including, for example, a condition-- 25
(a) that a particular power only be exercised subject to a 26
decision of the chief executive; or 27
28
Example--
29
a condition requiring the engaged service provider to obtain the
30
chief executive's approval before delegating a particular power
s 272 172 s 272
Corrective Services Bill 2006
(b) imposing particular duties on the engaged service 1
provider's employees. 2
3
Examples--
4
· a condition requiring the engaged service provider to ensure
5
the provider's employees receive the training required by
6
the chief executive
7
· a condition requiring the engaged service provider to ensure
8
the provider's employees are subject to a code of conduct
9
equivalent to the code of conduct approved under the Public
10
Sector Ethics Act 1994 for the department
(4) The authorisation of an engaged service provider to perform 11
an authorised function does not relieve the chief executive of 12
the chief executive's obligation to ensure the function is 13
properly performed. 14
(5) Laws apply to the engaged service provider, and to persons in 15
relationship to the engaged service provider, in the 16
performance of an authorised function, or in the exercise of a 17
power for an authorised function, as if the engaged service 18
provider were the officer holder. 19
(6) In this section-- 20
entity does not include a public service employee. 21
function, of an office holder, means a function of the office 22
holder under-- 23
(a) this Act, other than the chief executive's functions 24
relating to-- 25
(i) the appointment of the chief inspector or
inspectors; and 26
(ii) the appointment or assignment of official visitors; 27
or 28
(b) another Act relating to corrective services. 29
office holder means-- 30
(a) the chief executive; or 31
(b) a corrective services officer; or 32
(c) a doctor appointed to a prison. 33
s 273 173 s 273
Corrective Services Bill 2006
273 Acts applying to engaged service provider 1
(1) The Freedom of Information Act 1992 applies to an engaged 2
service provider prescribed under a regulation as if-- 3
(a) the provider were an agency; and 4
(b) the holder of a specified office, prescribed under a 5
regulation, of the provider were the chief executive 6
officer of the provider; and 7
(c) the Minister were the responsible Minister. 8
(2) The Crime and Misconduct Act 2001 applies to an engaged 9
service provider prescribed under a regulation as if-- 10
(a) the provider were a unit of public administration; and 11
(b) the holder of a specified office, prescribed under a 12
regulation, of the provider were the chief executive 13
officer of the provider; and 14
(c) a person employed by the provider were a person 15
holding an appointment in a unit of public 16
administration. 17
(3) Subject to sections 17, 66(6), 68(6) and 71(4), the Judicial 18
Review Act 1991 applies to an engaged service provider 19
prescribed under a regulation as if-- 20
(a) the provider were a State authority; and 21
(b) a decision of an administrative character made, 22
proposed to be made, or required to be made, by the 23
provider or a person employed by the provider, whether 24
or not in the exercise of a discretion, were a decision to 25
which that Act applies. 26
(4) The Ombudsman Act 2001 applies to an engaged service 27
provider prescribed under a regulation as if-- 28
(a) the provider were an agency; and 29
(b) the holder of a specified office, prescribed under a 30
regulation, of the provider were the principal officer; 31
and 32
(c) a person employed by the provider were an officer of an 33
agency; and 34
(d) the Minister were the responsible Minister. 35
s 274 174 s 276
Corrective Services Bill 2006
274 Review of engaged service provider's performance 1
(1) The chief executive may appoint an appropriately qualified 2
person to review an engaged service provider's performance 3
of its authorised functions. 4
(2) The engaged service provider must allow the person unlimited 5
access to-- 6
(a) records relating to the performance of the authorised 7
functions; or 8
(b) persons employed or engaged by the provider; or 9
(c) if the functions relate to the management of 10
prisoners--the relevant corrective services facility; or 11
(d) anything else stated in the appointment. 12
(3) The person must prepare a report on the review for the chief 13
executive. 14
Part 4 Corrective services officers 15
275 Appointing corrective services officers 16
The chief executive may appoint an appropriately qualified 17
public service officer, or another appropriately qualified 18
person, as a corrective services officer. 19
276 Powers of corrective services officer 20
(1) A corrective services officer-- 21
(a) has the powers given to the officer under an Act; and 22
(b) is subject to the directions of the chief executive in 23
exercising the powers. 24
(2) The powers may be limited-- 25
(a) under a regulation; or 26
(b) under a condition of appointment; or 27
s 277 175 s 280
Corrective Services Bill 2006
(c) by written notice given by the chief executive to the 1
corrective services officer. 2
277 Issue of identity card 3
(1) The chief executive must issue an identity card to each 4
corrective services officer. 5
(2) The identity card must-- 6
(a) contain a recent photo of the corrective services officer; 7
and 8
(b) contain a copy of the corrective services officer's 9
signature; and 10
(c) identify the person as a corrective services officer; and 11
(d) state an expiry date for the card. 12
(3) This section does not prevent the issue of a single identity 13
card to a person for this Act and other purposes. 14
278 Production or display of identity card 15
(1)