• Specific Year
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CORRECTIVE SERVICES BILL 2006

This is a Bill, not an Act. For current law, see the Acts databases.


CORRECTIVE SERVICES BILL 2006

           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 160B-160D . . . . . . . . . . . . . . . . . . . 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) In exercising a power under this Act in relation to a person, a 16 corrective services officer must-- 17 (a) produce the officer's identity card for the person's 18 inspection before exercising the power; or 19 (b) have the identity card displayed so it is clearly visible to 20 the person when exercising the power. 21 (2) However, subsection (1) does not apply if it is not practicable, 22 in the circumstances, to comply with the subsection. 23 279 Corrective services dog 24 The chief executive may, in the approved form, certify that a 25 dog is a corrective services dog. 26 280 Use of corrective services dog 27 (1) A corrective services dog may be used-- 28 (a) to search for prohibited things; or 29

 


 

s 281 176 s 282 Corrective Services Bill 2006 1 Example-- 2 A corrective services dog may be used to do a scanning search of 3 persons in a corrective services facility for drugs. (b) to search for prisoners; or 4 (c) to restrain a prisoner; or 5 (d) for the security or good order of a corrective services 6 facility; or 7 (e) if it is reasonably necessary to help a corrective services 8 officer perform functions under this Act. 9 (2) Subsection (1)(c) to (e) applies subject to the requirements of 10 chapter 3, part 5. 11 12 Note-- 13 Chapter 3, part 5 deals with the use of force. 281 Corrective services dog may accompany corrective 14 services officer 15 (1) A corrective services dog under the control of a corrective 16 services officer who is performing duties under this Act may 17 enter and remain on any place that the officer may lawfully 18 enter or remain on. 19 (2) Subsection (1) applies despite the provisions of any other Act 20 or law. 21 282 Application of local laws 22 The provisions of a local law do not apply to-- 23 (a) a corrective services dog; or 24 (b) a corrective services officer handling a corrective 25 services dog in relation to anything done by the officer 26 in performing the officer's duties under this Act. 27

 


 

s 283 177 s 285 Corrective Services Bill 2006 Part 5 Doctors 1 283 Appointment of doctor 2 (1) The chief executive must appoint at least 1 doctor for each 3 prison. 4 (2) A doctor who is not employed under the Public Service Act 5 1996 is entitled to the remuneration, allowances and expenses 6 approved by the chief executive. 7 284 Doctor's functions 8 A doctor appointed under section 283 must-- 9 (a) examine and treat prisoners at the prison for which the 10 doctor is appointed; and 11 (b) establish a record of the examinations carried out and 12 treatment given by the doctor, or at the doctor's 13 direction, to prisoners at the prison for which the doctor 14 is appointed; and 15 (c) report and make recommendations to the chief executive 16 about a prisoner's medical condition when required to 17 do so by the chief executive; and 18 (d) perform any other function the doctor is required by the 19 chief executive to perform that the doctor is qualified to 20 perform. 21 Part 6 Official visitors 22 285 Appointing official visitor 23 (1) The chief executive may appoint an appropriately qualified 24 person as an official visitor for a period of up to 3 years. 25 (2) The person may be reappointed, once only, for a period of up 26 to 3 years. 27 (3) The chief executive must not appoint as an official visitor-- 28

 


 

s 286 178 s 288 Corrective Services Bill 2006 (a) an employee of a public sector entity; or 1 (b) an employee of an engaged service provider. 2 286 Assigning official visitor to corrective services facility 3 (1) The chief executive must ensure that-- 4 (a) if 2 or more official visitors are assigned to visit a 5 corrective services facility, at least 1 of the official 6 visitors is a lawyer; and 7 (b) if a significant proportion of prisoners in custody in a 8 corrective services facility are Aboriginal or Torres 9 Strait Islander prisoners, at least 1 of the official visitors 10 assigned to visit the facility is an Aboriginal or Torres 11 Strait Islander person; and 12 (c) at least 1 of the official visitors assigned to visit a 13 corrective services facility for female prisoners is a 14 woman. 15 (2) An official visitor must visit the corrective services facility to 16 which the official visitor has been assigned-- 17 (a) once each month, unless otherwise directed by the chief 18 executive; and 19 (b) when asked to do so by the chief executive. 20 (3) If an official visitor is unable to visit a corrective services 21 facility as required by subsection (2), the official visitor must 22 immediately notify the chief executive. 23 287 Remuneration, allowances and expenses 24 An official visitor is entitled to the remuneration, allowances 25 and expenses approved by the chief executive. 26 288 Terminating appointment 27 (1) The chief executive may terminate an official visitor's 28 appointment if the official visitor-- 29 (a) is convicted of an indictable offence; or 30

 


 

s 289 179 s 290 Corrective Services Bill 2006 (b) fails to perform the functions of an official visitor under 1 this Act; or 2 (c) while acting as an official visitor, solicits business or 3 otherwise fails to act properly in a matter in which the 4 official visitor's personal interest conflicts with the 5 public interest; or 6 (d) does anything else the chief executive reasonably 7 considers is adequate justification for terminating the 8 appointment. 9 (2) An official visitor may resign by signed notice given to the 10 chief executive. 11 289 Prisoner's request to see official visitor 12 (1) If a prisoner indicates to a corrective services officer that the 13 prisoner wants to see an official visitor, the corrective services 14 officer must-- 15 (a) record the fact in an official visitor register; and 16 (b) advise an official visitor of the fact when the official 17 visitor next visits the corrective services facility. 18 (2) A prisoner is not required, and must not be asked, to tell a 19 corrective services officer why the prisoner wants to see an 20 official visitor. 21 290 Official visitor's function 22 (1) An official visitor must investigate a complaint made by a 23 prisoner, but only if the complaint is-- 24 (a) made by a prisoner at the corrective services facility to 25 which the official visitor is assigned; and 26 (b) about an act or omission of any of the following relating 27 to the prisoner, whether the act was done or omission 28 made before or after the commencement of this 29 section-- 30 (i) the chief executive; 31 (ii) a person purportedly performing a function, or 32 exercising a power, of the chief executive; 33

 


 

s 290 180 s 290 Corrective Services Bill 2006 (iii) a corrective services officer. 1 (2) However, an official visitor must not investigate a complaint 2 if-- 3 (a) it involves a matter that is currently before a court or 4 tribunal; or 5 (b) it can be more appropriately dealt with by another 6 person or agency; or 7 (c) it is made by a prisoner with whom the official visitor 8 had a prior personal or professional relationship; or 9 (d) the official visitor's personal interest in the prisoner 10 conflicts with the public interest; or 11 (e) the official visitor reasonably suspects the complaint 12 involves or may involve official misconduct, unless the 13 chief executive has advised the official visitor that-- 14 (i) the complaint has been referred to the Crime and 15 Misconduct Commission; and 16 (ii) the Crime and Misconduct Commission's 17 chairperson has advised the chief executive that the 18 commission does not intend to investigate the 19 complaint; or 20 (f) the official visitor reasonably believes the complaint is 21 frivolous or vexatious. 22 (3) An official visitor must act impartially when investigating a 23 complaint. 24 (4) An official visitor may arrange for another official visitor 25 assigned to the same corrective services facility to investigate 26 a complaint if-- 27 (a) the other official visitor agrees; and 28 (b) the prisoner is not significantly prejudiced by a delay 29 because of the arrangement. 30 (5) After investigating a complaint, an official visitor-- 31 (a) may make a recommendation to the chief executive; and 32 (b) must advise the prisoner-- 33

 


 

s 291 181 s 292 Corrective Services Bill 2006 (i) whether the official visitor has made a 1 recommendation to the chief executive; and 2 (ii) if a recommendation has been made--the terms of 3 the recommendation, without disclosing 4 confidential information. 5 (6) To remove any doubt, it is declared that-- 6 (a) the chief executive is not bound by an official visitor's 7 recommendation; and 8 (b) an official visitor can not overrule a decision about 9 which a complaint has been made. 10 291 Official visitor powers 11 (1) An official visitor assigned to a corrective services facility 12 may-- 13 (a) enter the facility at any time, except when a declaration 14 of emergency is in force for the facility under section 15 268; and 16 (b) on request, have access to a place where the official 17 visitor may interview a prisoner out of the hearing of 18 other persons; and 19 (c) inspect and copy, at the facility, any document kept 20 under this Act relating to a complaint the official visitor 21 is investigating, other than a document to which legal 22 professional privilege attaches. 23 (2) The chief executive must give an official visitor reasonable 24 help to exercise a power given to the official visitor under this 25 Act. 26 292 Official visitor reports 27 An official visitor must give to the chief executive-- 28 (a) if asked by the chief executive, a written report about an 29 investigation; and 30 (b) at least every 3 months, a written report summarising the 31 number and types of complaints the official visitor has 32 investigated. 33

 


 

s 293 182 s 295 Corrective Services Bill 2006 Part 7 Elders, respected persons and 1 spiritual healers 2 293 Appointing elders, respected persons and spiritual 3 healers 4 The chief executive may appoint an Aboriginal or Torres 5 Strait Islander elder, respected person or indigenous spiritual 6 healer for a corrective services facility. 7 Part 8 Inspectors 8 Division 1 Appointment 9 294 Appointing inspectors generally 10 (1) The chief executive may appoint an appropriately qualified 11 person as an inspector. 12 (2) The function of an inspector is-- 13 (a) to investigate an incident; or 14 (b) to inspect a corrective services facility or a probation 15 and parole office; or 16 (c) to review the operations of a corrective services facility 17 or a probation and parole office; or 18 (d) to review services offered at a corrective services facility 19 or a probation and parole office. 20 295 Appointing inspectors for an incident 21 (1) For each incident, the chief executive must appoint at least 2 22 inspectors. 23 (2) At least 1 of the inspectors must be-- 24 (a) a person who is not an employee of-- 25

 


 

s 296 183 s 297 Corrective Services Bill 2006 (i) the department; or 1 (ii) an engaged service provider that administers the 2 corrective services facility at which the incident 3 happened; and 4 (b) if the incident involves an Aboriginal or Torres Strait 5 Islander prisoner--an Aboriginal or Torres Strait 6 Islander person. 7 (3) However, the chief executive need not appoint inspectors to 8 investigate an incident if the incident is being investigated by 9 an officer of a law enforcement agency. 10 296 Appointing chief inspector 11 (1) The chief executive may appoint an inspector who is a public 12 service officer to be the chief inspector. 13 (2) In addition to the functions of an inspector, the chief inspector 14 has the function to coordinate-- 15 (a) the official visitor scheme established for this Act; and 16 (b) inspections and reviews mentioned in section 294(2). 17 297 Appointment conditions and limit on powers 18 (1) An inspector holds office on any conditions stated in-- 19 (a) the inspector's instrument of appointment; or 20 (b) a signed notice given to the inspector; or 21 (c) a regulation. 22 (2) An inspector who is not a public service officer is entitled to 23 the remuneration, allowances and expenses approved by the 24 chief executive. 25 (3) The instrument of appointment, a signed notice given to the 26 inspector or a regulation may limit the inspector's powers 27 under this Act. 28 (4) In this section-- 29 signed notice means a notice signed by the chief executive. 30

 


 

s 298 184 s 300 Corrective Services Bill 2006 298 Issue of identity card 1 (1) The chief executive must issue an identity card to each 2 inspector. 3 (2) The identity card must-- 4 (a) contain a recent photo of the inspector; and 5 (b) contain a copy of the inspector's signature; and 6 (c) identify the person as an inspector under this Act; and 7 (d) state an expiry date for the card. 8 (3) This section does not prevent the issue of a single identity 9 card to a person for this Act and other purposes. 10 299 Production or display of identity card 11 (1) In exercising a power under this Act in relation to a person, an 12 inspector must-- 13 (a) produce the inspector's identity card for the person's 14 inspection before exercising the power; or 15 (b) have the identity card displayed so it is clearly visible to 16 the person when exercising the power. 17 (2) However, if it is not practicable to comply with subsection (1), 18 the inspector must produce the identity card for the person's 19 inspection at the first reasonable opportunity. 20 300 When inspector ceases to hold office 21 (1) An inspector ceases to hold office if any of the following 22 happens-- 23 (a) the term of office stated in a condition of office ends; 24 (b) under another condition of office, the inspector ceases to 25 hold office; 26 (c) the inspector's resignation under section 301 takes 27 effect. 28 (2) Subsection (1) does not limit the ways an inspector may cease 29 to hold office. 30 (3) In this section-- 31

 


 

s 301 185 s 303 Corrective Services Bill 2006 condition of office means a condition on which the inspector 1 holds office. 2 301 Resignation 3 An inspector may resign by signed notice given to the chief 4 executive. 5 302 Return of identity card 6 A person who ceases to be an inspector must return the 7 person's identity card to the chief executive within 14 days 8 after ceasing to be an inspector, unless the person has a 9 reasonable excuse. 10 Maximum penalty--10 penalty units. 11 Division 2 Powers 12 303 Inspector's powers generally 13 (1) For performing a function mentioned in section 294(2), an 14 inspector may-- 15 (a) enter-- 16 (i) a corrective services facility at any time, except 17 when a declaration of emergency is in force for the 18 facility under section 268; or 19 (ii) a probation and parole office at any time; or 20 (b) interview any prisoner or staff member; or 21 (c) on request, have access to a place in a corrective 22 services facility or probation and parole office where the 23 inspector may interview a prisoner or staff member out 24 of the hearing of other persons; or 25 (d) inspect and copy any document kept at a corrective 26 services facility or probation and parole office that is 27 relevant to the performance by the inspector of the 28 function for which the inspector was appointed, other 29

 


 

s 304 186 s 305 Corrective Services Bill 2006 than a document to which legal professional privilege 1 attaches. 2 (2) A corrective services officer must give the inspector 3 reasonable help to exercise a power given to the inspector 4 under this Act. 5 304 Inspector's power to require information 6 (1) This section applies if an inspector investigating an incident 7 reasonably believes a person performing a function under this 8 Act may be able to give information about the incident. 9 (2) The inspector may require the person to give information 10 about the incident. 11 (3) When making the requirement, the inspector must warn the 12 person it is an offence for the person not to give the 13 information, unless the person has a reasonable excuse. 14 (4) The person must give the information, unless the person has a 15 reasonable excuse. 16 Maximum penalty--40 penalty units or 6 months 17 imprisonment. 18 (5) It is a reasonable excuse for an individual to fail to give the 19 information if giving the information might tend to 20 incriminate the individual. 21 305 Inspectors' reports 22 (1) The inspectors appointed to investigate an incident must give 23 a written report to the chief executive stating the result of the 24 investigation and any recommendations. 25 (2) An inspector appointed to carry out an inspection, or to 26 conduct a review, mentioned in section 294(2) must give a 27 written report to the chief executive stating the result of the 28 inspection or review and any recommendations. 29

 


 

s 306 187 s 308 Corrective Services Bill 2006 Part 9 Volunteers 1 306 Authorising volunteer 2 (1) The chief executive may, in writing, authorise a person (a 3 volunteer) to perform-- 4 (a) unpaid work for the welfare of prisoners; or 5 (b) unpaid supervision of offenders who are subject to 6 community based orders. 7 (2) A volunteer must comply with any condition stated in the 8 authorisation and with any direction given by the chief 9 executive for the security or good order of the corrective 10 services facility. 11 (3) A volunteer is entitled to the payment of expenses approved 12 by the chief executive. 13 Part 10 Prisoners of a court 14 307 Prisoner in proper officer of a court's custody 15 (1) A person who is required by law to surrender himself or 16 herself into the custody of a court must do so by surrendering 17 himself or herself into the custody of the proper officer of the 18 court. 19 (2) A person who surrenders himself or herself into the custody of 20 a court is in the custody of the proper officer of the court 21 until-- 22 (a) released on bail; or 23 (b) discharged from lawful custody; or 24 (c) otherwise dealt with as the court directs. 25 308 Powers of proper officer of a court 26 (1) The proper officer of a court has, in relation to a prisoner of 27 the court or a person mentioned in section 310(1), all the 28

 


 

s 309 188 s 310 Corrective Services Bill 2006 powers of the chief executive under this Act, in relation to a 1 prisoner, that are necessary for the discharge of the proper 2 officer's functions. 3 (2) To help the proper officer of the court perform the proper 4 officer's functions, the proper officer may ask-- 5 (a) the chief executive to provide corrective services 6 officers; and 7 (b) the commissioner to provide police officers. 8 (3) The chief executive or commissioner must comply with the 9 request. 10 (4) In helping the proper officer of the court, a corrective services 11 officer may-- 12 (a) use the force the corrective services officer may use 13 under chapter 3, part 5 as if the prisoner of the court or 14 person mentioned in subsection (1) were a prisoner; and 15 (b) give a direction to the prisoner of the court or person 16 that the corrective services officer may give under 17 chapter 2, part 2, division 1 as if the prisoner of the court 18 or person were a prisoner; and 19 (c) conduct a search of the prisoner of the court or person 20 under chapter 2, part 2, division 3 as if an order of the 21 proper officer for the searching of the prisoner of the 22 court or person were an order of the chief executive. 23 (5) Subsection (4) does not limit the help the corrective services 24 officer may give to the proper officer of the court to perform 25 the proper officer's functions. 26 309 Delegation of powers of proper officer of a court 27 The proper officer of a court may delegate the proper officer's 28 functions or powers under this Act to an appropriately 29 qualified person. 30 310 Court cells 31 (1) A person who is not a prisoner of a court may be detained in a 32 court cell if the person is lawfully in custody to attend before a 33 court or another entity. 34

 


 

s 311 189 s 311 Corrective Services Bill 2006 (2) While detained in the court cell, the person is in the custody of 1 the proper officer of the court where the court cell is located. 2 (3) The proper officer of the court is responsible for the 3 management, security and good order of the court cell, despite 4 anything in the State Buildings Protective Security Act 1983. 5 (4) In this section-- 6 court cell means a place attached to or near a court that-- 7 (a) is not a corrective services facility; and 8 (b) is used for detaining prisoners of the court and other 9 persons. 10 Part 11 Property 11 Division 1 Prisoner's money 12 311 Prisoners trust fund 13 (1) The chief executive must keep a trust fund called the prisoners 14 trust fund. 15 (2) The prisoners trust fund is to consist of an account for each 16 prisoner for whom an amount is received by the chief 17 executive. 18 (3) All amounts received for a prisoner by the chief executive 19 must be paid into the prisoner's account in the prisoners trust 20 fund. 21 (4) If the public trustee is managing the prisoner's estate and the 22 public trustee asks for the payment, the chief executive must 23 pay the amount in the prisoner's account to the public trustee. 24 (5) A prisoner may, with the chief executive's approval, spend an 25 amount that is in the prisoner's account. 26 (6) The chief executive may limit the amount a prisoner may 27 spend. 28

 


 

s 312 190 s 314 Corrective Services Bill 2006 (7) When a prisoner is discharged or released, the chief executive 1 must pay the prisoner the amount in the prisoner's account. 2 312 Trust account records 3 The chief executive must keep records of the administration of 4 each prisoner's account, noting each payment to the account 5 and each deduction from the account. 6 313 Payments to prisoner's account 7 The chief executive may pay an amount into a prisoner's 8 account for the following purposes-- 9 (a) allowances for basic amenities; 10 (b) another purpose prescribed under a regulation. 11 314 Deductions from prisoner's account 12 The chief executive may deduct an amount from a prisoner's 13 account for the following purposes-- 14 (a) if the prisoner asks, to help the prisoner to attend an 15 approved activity, course or program or for a leave of 16 absence; 17 (b) to reimburse the chief executive for any payments made 18 to help the prisoner to attend an approved activity, 19 course or program or for a leave of absence; 20 (c) to reimburse the chief executive for the cost of replacing 21 or repairing any property the prisoner wilfully damaged 22 or destroyed during the commission of-- 23 (i) an offence against this Act or a breach of 24 discipline; or 25 (ii) an offence for which the prisoner is convicted, if 26 the reimbursement is in accordance with a court 27 order under the Penalties and Sentences Act 1992; 28 (d) to buy or rent goods for the prisoner, at the prisoner's 29 request; 30

 


 

s 315 191 s 317 Corrective Services Bill 2006 (e) to pay for, or contribute to the cost of, the prisoner's 1 travel on discharge or release from the corrective 2 services facility; 3 (f) another purpose prescribed under a regulation. 4 315 Investment of prisoners trust fund 5 (1) The chief executive may invest amounts held in the prisoners 6 trust fund in a financial institution. 7 (2) The chief executive must apply any interest earned on the 8 investment for the general benefit of prisoners and report 9 annually to the Minister on the application of the interest. 10 316 Remuneration for prisoner 11 (1) The chief executive may approve an activity or program to be 12 an activity or program for which remuneration, at rates set by 13 the chief executive, may be paid to a prisoner. 14 (2) The chief executive must review the remuneration rates at 15 least once every year. 16 (3) The chief executive may withhold remuneration from a 17 prisoner who-- 18 (a) has not diligently undertaken the activity or program; or 19 (b) refuses to participate in an activity or program for which 20 an approval has been given under subsection (1). 21 Division 2 Other property of prisoner 22 317 Bringing property into corrective services facility 23 (1) The chief executive may allow property to be brought into a 24 corrective services facility for a prisoner (the prisoner's 25 property). 26 (2) However, the chief executive may impose conditions about 27 the prisoner's property, including, for example, a condition-- 28 (a) limiting the property's use; or 29

 


 

s 318 192 s 319 Corrective Services Bill 2006 (b) that the property be safe for use; or 1 (c) that the property be stored by the chief executive in safe 2 custody until the prisoner's release from custody. 3 (3) The prisoner must pay any costs incurred in deciding whether 4 the prisoner's property is safe for use. 5 (4) If the prisoner fails to pay the costs, the chief executive may 6 refuse to allow the prisoner's property to enter the corrective 7 services facility. 8 (5) A regulation may be made about the property that a prisoner 9 may keep in a corrective services facility, including, for 10 example, the amount of property a prisoner may keep. 11 (6) The chief executive must keep a record describing the 12 property brought into the corrective services facility for each 13 prisoner. 14 318 Dealing with property if prisoner escapes 15 (1) If a prisoner escapes, the prisoner's property kept in a 16 corrective services facility is taken to have been abandoned, 17 and is forfeited to the State. 18 (2) The chief executive may dispose of, or destroy, the property. 19 Part 12 Compensation 20 319 Compensation for lost or damaged property 21 (1) A person may claim compensation from the State if, when the 22 person was in the chief executive's custody, the person's 23 property was lost or damaged while-- 24 (a) stored by the chief executive; or 25 (b) being transported by the chief executive between 26 corrective services facilities. 27 (2) The person may apply to the chief executive for payment of 28 an amount by the State for the loss or damage. 29

 


 

s 320 193 s 320 Corrective Services Bill 2006 (3) The application is to be decided by the chief executive. 1 (4) The chief executive may approve the payment of an amount if 2 satisfied the payment is justified in the circumstances. 3 (5) In this section-- 4 property means property recorded under section 317(6). 5 Part 13 Information 6 Division 1 Releasing information to eligible 7 persons 8 320 Eligible persons register 9 (1) The chief executive must keep a register of persons who are 10 eligible to receive information under section 325 (prisoner 11 information) about a prisoner who has been sentenced to a 12 period of imprisonment for an offence of violence or a sexual 13 offence. 14 (2) The following persons may apply, in the approved form, to be 15 registered as an eligible person-- 16 (a) the actual victim of the offence (the victim); 17 (b) if the victim is deceased, an immediate family member 18 of the deceased victim; 19 (c) if the victim is under 18 years or has a legal incapacity, 20 the victim's parent or guardian; 21 (d) another person who-- 22 (i) gives the chief executive documentary evidence, to 23 the chief executive's satisfaction, of the prisoner's 24 history of violence against the person; or 25 26 Example-- 27 a domestic violence order under the Domestic and Family 28 Violence Protection Act 1989

 


 

s 321 194 s 322 Corrective Services Bill 2006 (ii) satisfies the chief executive that the person's life or 1 physical safety could reasonably be expected to be 2 endangered because of a connection between the 3 person and the offence. 4 (3) The application must be accompanied by documentary 5 evidence satisfying the chief executive of the applicant's 6 identity. 7 (4) The applicant may nominate an entity to receive the prisoner 8 information for the applicant. 9 10 Example of entity-- 11 a victims' support agency (5) In this section-- 12 offence of violence means an offence in which the victim 13 suffers actual or threatened violence. 14 321 Declaration must be signed by applicant or nominee 15 The applicant or, if the applicant nominated an entity under 16 section 320(4), the nominee must sign a declaration stating 17 that the applicant or nominee will not disclose, for public 18 dissemination, any prisoner information released to the 19 applicant or nominee under this division. 20 322 Application by child 21 If the applicant is a child, the chief executive must, before 22 registering the child as an eligible person-- 23 (a) give the child information about registering; and 24 25 Example-- 26 how to register and how the child's details may be removed from 27 the register (b) tell the child that the child's parent or guardian may 28 register to receive the prisoner information for the child. 29

 


 

s 323 195 s 324 Corrective Services Bill 2006 323 Deciding application 1 (1) The chief executive may grant the application if the chief 2 executive is satisfied the applicant is eligible under section 3 320(2) to make the application. 4 (2) However, the chief executive may refuse the application if the 5 chief executive reasonably believes releasing prisoner 6 information to the applicant may endanger-- 7 (a) the security of any corrective services facility; or 8 (b) the safe custody or welfare of any prisoner; or 9 (c) the safety or welfare of someone else. 10 11 Example-- 12 Releasing prisoner information to a victim who is also a prisoner may 13 endanger the safe custody or welfare of the prisoner who committed the 14 offence. (3) Also, the chief executive may only grant an application by a 15 child if the child's registration on the register is in the child's 16 best interests. 17 (4) If the child is a child in care, the chief executive must consult 18 with the child protection chief executive in deciding what is in 19 the child's best interests. 20 324 Removing details from eligible persons register 21 (1) The chief executive must remove an eligible person's details 22 from the eligible persons register-- 23 (a) when the prisoner in relation to whom the person is 24 registered-- 25 (i) is discharged from the chief executive's custody; or 26 (ii) dies in custody; or 27 (iii) is transferred to another jurisdiction; or 28 (b) if the prisoner's conviction in relation to which the 29 person is registered is overturned; or 30 (c) if asked to do so by the eligible person. 31 (2) The chief executive may remove an eligible person's details 32 from the register if-- 33

 


 

s 325 196 s 325 Corrective Services Bill 2006 (a) the chief executive reasonably considers the person's 1 continued registration may endanger-- 2 (i) the security of a corrective services facility; or 3 (ii) the safe custody or welfare of a prisoner; or 4 (iii) the safety or welfare of someone else; or 5 (b) the eligible person discloses, for public dissemination, 6 any prisoner information released to the person under 7 this division. 8 (3) The chief executive may also remove an eligible person's 9 details from the register if the chief executive is unable, after 10 making reasonable efforts, to contact the eligible person. 11 (4) In this section-- 12 details, of an eligible person, includes details of any entity 13 nominated to receive prisoner information for the eligible 14 person. 15 325 Releasing information 16 (1) To the extent the chief executive reasonably considers it 17 appropriate, the chief executive may release information 18 about a prisoner to an eligible person, including, for example, 19 information about the following-- 20 (a) the prisoner's current location; 21 (b) the prisoner's security classification; 22 (c) the prisoner's transfer between corrective services 23 facilities; 24 (d) the prisoner's eligibility dates for discharge or release; 25 (e) the prisoner's date of discharge or release; 26 (f) the results of the prisoner's applications for parole 27 orders; 28 (g) the death or escape of, or other exceptional events 29 relating to, the prisoner. 30 (2) If the eligible person nominated an entity under section 320(4) 31 to receive the information, the chief executive may give the 32 information to the nominee. 33

 


 

s 326 197 s 327 Corrective Services Bill 2006 Division 2 Criminal history of relevant person 1 Subdivision 1 Preliminary 2 326 Purpose of div 2 3 (1) The purpose of this division is to ensure the chief executive 4 has all the relevant information the chief executive needs to 5 assess a person's suitability to be, or continue to be, a relevant 6 person. 7 (2) The purpose is achieved mainly by providing for the chief 8 executive to obtain the criminal history of, and other 9 information about, the relevant person. 10 327 Definitions for div 2 11 In this division-- 12 charge, of an offence, means a charge in any form, including, 13 for example, the following-- 14 (a) a charge on an arrest; 15 (b) a notice to appear served under the Police Powers and 16 Responsibilities Act 2000, section 214; 17 (c) a complaint under the Justices Act 1886; 18 (d) a charge by a court under the Justices Act 1886, section 19 42(1A) or another provision of an Act; 20 (e) an indictment. 21 relevant person-- 22 (a) means any 1 of the following-- 23 (i) a person performing a function under this Act; 24 (ii) a staff member; 25 (iii) an applicant seeking-- 26 (A) to be engaged by the department; or 27 (B) a position as a staff member; and 28

 


 

s 328 198 s 331 Corrective Services Bill 2006 (b) for subdivision 3--includes a visitor, other than an 1 accredited visitor. 2 328 Relationship with Criminal Law (Rehabilitation of 3 Offenders) Act 1986 4 This division applies to a person despite anything in the 5 Criminal Law (Rehabilitation of Offenders) Act 1986. 6 329 Chief executive must advise of duties of disclosure etc. 7 Before a person becomes a relevant person, the chief 8 executive must tell the person-- 9 (a) of the person's duties of disclosure as a relevant person 10 under this division; and 11 (b) that the chief executive may, under section 334, obtain 12 information about the person; and 13 (c) that guidelines for dealing with information obtained by 14 the chief executive under this division are available from 15 the chief executive on request. 16 Subdivision 2 Disclosure of criminal history 17 330 Person seeking to be a relevant person must disclose 18 criminal history 19 A person seeking to be a relevant person must disclose to the 20 chief executive, before becoming a relevant person-- 21 (a) whether or not the person has a criminal history; and 22 (b) if the person has a criminal history, the person's 23 complete criminal history. 24 331 Relevant person must disclose changes in criminal 25 history 26 (1) If there is a change in the criminal history of a relevant 27 person, the person must immediately disclose the details of 28 the change to the chief executive. 29

 


 

s 332 199 s 333 Corrective Services Bill 2006 (2) For a relevant person who does not have a criminal history, 1 there is taken to be a change in the person's criminal history if 2 the person acquires a criminal history. 3 332 Requirements for disclosure 4 (1) To comply with section 330 or 331, a person must give the 5 chief executive a disclosure in the approved form. 6 (2) The information disclosed in the approved form by the person 7 about a conviction or charge of an offence in the person's 8 criminal history must include-- 9 (a) the existence of the conviction or charge; and 10 (b) when the offence was committed or alleged to have been 11 committed; and 12 (c) the details of the offence or alleged offence; and 13 (d) for a conviction--whether or not a conviction was 14 recorded and the sentence imposed on the person. 15 333 False, misleading or incomplete disclosure or failure to 16 disclose 17 (1) A person must not-- 18 (a) give the chief executive an approved form under section 19 332 that is false, misleading or incomplete in a material 20 particular; or 21 (b) fail to give the chief executive a disclosure as required 22 under section 330, unless the person has a reasonable 23 excuse. 24 Maximum penalty--100 penalty units or 2 years 25 imprisonment. 26 (2) Subsection (1)(a) does not apply to a person in relation to 27 particular information that the person is unable to provide if 28 the person-- 29 (a) indicates in the approved form the information that the 30 person is unable to provide; and 31 (b) otherwise gives the information in the approved form to 32 the best of the person's ability. 33

 


 

s 334 200 s 334 Corrective Services Bill 2006 (3) In a proceeding for an offence against subsection (1)(a), it is 1 enough for a charge to state that the disclosure was, without 2 specifying which, false or misleading. 3 Subdivision 3 Chief executive may obtain criminal 4 information from other entities 5 about criminal history and 6 particular investigations 7 334 Chief executive may obtain report from commissioner of 8 police service 9 (1) This section applies to a person who-- 10 (a) is a relevant person; or 11 (b) seeks to become a relevant person and has given the 12 chief executive an approved form under section 332. 13 (2) The chief executive may ask the commissioner to give the 14 chief executive the following information about the person-- 15 (a) a written report about the person's criminal history; 16 (b) a brief description of the circumstances of a conviction 17 or charge mentioned in the person's criminal history; 18 (c) for a relevant person other than a visitor--information 19 about an investigation relating to the possible 20 commission of a serious offence by the person. 21 (3) Subject to subsections (4) and (5), the commissioner must 22 comply with the request. 23 (4) The duty imposed on the commissioner to comply with the 24 request-- 25 (a) applies only to information in the commissioner's 26 possession or to which the commissioner has access; 27 and 28 (b) in relation to information mentioned in 29 subsection (2)(c)--applies only to information recorded 30 on a central electronic database kept by the 31 commissioner. 32

 


 

s 335 201 s 335 Corrective Services Bill 2006 (5) The commissioner must not give information about an 1 investigation relating to the possible commission of a serious 2 offence by the person if-- 3 (a) the commissioner is reasonably satisfied that giving the 4 information-- 5 (i) may prejudice or otherwise hinder an investigation 6 to which the information may be relevant; or 7 (ii) may lead to the identification of an informant; or 8 (iii) may affect the safety of a police officer, 9 complainant or other person; or 10 (b) for an investigation that has been completed--the 11 investigation has not led, and the commissioner is 12 reasonably satisfied it is unlikely to lead, to a reasonable 13 suspicion that the person committed a serious offence; 14 or 15 (c) for an investigation that has not been completed--the 16 commissioner is reasonably satisfied the investigation is 17 unlikely to lead to a reasonable suspicion that the person 18 committed a serious offence. 19 335 Prosecuting authority to notify chief executive about 20 committal, conviction etc. 21 (1) This section applies if a person, other than a visitor, is charged 22 with an indictable offence and the commissioner or the 23 director of public prosecutions (a prosecuting authority) is 24 aware that the person is a relevant person. 25 (2) If the person is committed by a court for trial for an indictable 26 offence, the prosecuting authority must, within 7 days after 27 the committal, give written notice to the chief executive of the 28 following-- 29 (a) the person's name; 30 (b) the court; 31 (c) particulars of the offence; 32 (d) the date of the committal; 33 (e) the court to which the person was committed. 34

 


 

s 335 202 s 335 Corrective Services Bill 2006 (3) If the person is convicted before a court of an indictable 1 offence, the prosecuting authority must, within 7 days after 2 the conviction, give written notice to the chief executive of 3 the following-- 4 (a) the person's name; 5 (b) the court; 6 (c) particulars of the offence; 7 (d) the date of the conviction; 8 (e) the sentence imposed by the court. 9 (4) If the person is convicted of an indictable offence, and has 10 appealed the conviction, and the appeal is finally decided or 11 has otherwise ended, the prosecuting authority must, within 12 7 days after the decision or the day the appeal otherwise ends, 13 give written notice to the chief executive of the following-- 14 (a) the person's name; 15 (b) particulars of the offence; 16 (c) the date of the decision or other ending of the appeal; 17 (d) if the appeal was decided-- 18 (i) the court in which it was decided; and 19 (ii) particulars of the decision. 20 (5) If the prosecution process ends without the person being 21 convicted of an indictable offence, the prosecuting authority 22 must, within 7 days after the end, give written notice to the 23 chief executive about the following-- 24 (a) the person's name; 25 (b) if relevant, the court in which the prosecution process 26 ended; 27 (c) particulars of the offence; 28 (d) the date the prosecution process ended. 29 (6) For subsection (5), a prosecution process ends if-- 30 (a) an indictment is presented against the person and-- 31 (i) a nolle prosequi is entered on the indictment; or 32

 


 

s 336 203 s 336 Corrective Services Bill 2006 (ii) the person is acquitted; or 1 (b) the prosecution process has otherwise ended. 2 (7) A reference in this section to a conviction of an indictable 3 offence includes a summary conviction of an indictable 4 offence. 5 Subdivision 4 Control on use of information about 6 criminal history and particular 7 investigations 8 336 Use of information obtained under this division 9 (1) This section applies to the chief executive in considering 10 information about a person received under this division. 11 (2) The information must not be used for any purpose other than 12 assessing the person's suitability to be, or continue to be, a 13 relevant person. 14 (3) When making the assessment, the chief executive must have 15 regard to the following matters relating to information about 16 the commission, or alleged or possible commission, of an 17 offence by the person-- 18 (a) when the offence was committed, is alleged to have 19 been committed or may possibly have been committed; 20 (b) the nature of the offence and its relevance to-- 21 (i) for a person mentioned in section 327, definition 22 relevant person, paragraph (a)(i), (ii) or (iii)--the 23 person's proposed duties or duties under this Act; 24 or 25 (ii) for a person mentioned in section 327, definition 26 relevant person, paragraph (b)--any risk posed by 27 the person to the security or good order of a 28 corrective services facility; 29 (c) anything else the chief executive considers relevant to 30 the assessment of the person. 31

 


 

s 337 204 s 339 Corrective Services Bill 2006 337 Person to be advised of information obtained 1 (1) This section applies to information obtained by the chief 2 executive about a person, under this division, from the 3 commissioner. 4 (2) Before using the information to assess the person's suitability 5 to be, or continue to be, a relevant person, the chief executive 6 must-- 7 (a) disclose the information to the person; and 8 (b) allow the person a reasonable opportunity to make 9 representations to the chief executive about the 10 information. 11 338 Reconsidering decision 12 (1) This section applies if the chief executive decides that a 13 person is not suitable to be, or continue to be, a relevant 14 person. 15 (2) The person may, within 7 days after being given notice of the 16 decision, apply in writing to the chief executive for a 17 reconsideration of the decision. 18 (3) After reconsidering the decision, the chief executive may 19 confirm or change the decision. 20 339 Confidentiality 21 (1) This section applies to a person who-- 22 (a) is, or has been, a public service employee in the 23 department or a selection panel member; and 24 (b) in that capacity acquired information, or gained access 25 to a document, under this division about someone else's 26 criminal history or about an investigation relating to the 27 possible commission of a serious offence by someone 28 else. 29 (2) The person must not disclose the information, or give access 30 to the document, to anyone else. 31 Maximum penalty--100 penalty units or 2 years 32 imprisonment. 33

 


 

s 340 205 s 341 Corrective Services Bill 2006 (3) Subsection (2) does not apply to the disclosure of information, 1 or giving of access to a document, about a person-- 2 (a) to a public service employee in the department, or a 3 selection panel member, for the purpose of assessing the 4 person's suitability to be, or continue to be, a relevant 5 person; or 6 (b) with the person's consent; or 7 (c) if the disclosure or giving of access is otherwise 8 required under an Act. 9 (4) In this section-- 10 selection panel member means a member of a panel formed 11 to make a recommendation to the chief executive about a 12 person becoming, or being promoted as, a relevant person. 13 340 Guidelines for dealing with information 14 (1) The chief executive must make guidelines, consistent with 15 this Act, for dealing with information obtained by the chief 16 executive under this division. 17 (2) The purpose of the guidelines is to ensure-- 18 (a) natural justice is afforded to the persons about whom the 19 information is obtained; and 20 (b) only relevant information is used in assessing the 21 persons' suitability to be, or continue to be, relevant 22 persons; and 23 (c) decisions about the suitability of persons, based on the 24 information, are made consistently. 25 (3) The chief executive must give a copy of the guidelines, on 26 request, to a person seeking to become a relevant person. 27 Division 3 Other provisions about information 28 341 Confidential information 29 (1) This section applies to either of the following (each of whom 30 is an informed person)-- 31

 


 

s 341 206 s 341 Corrective Services Bill 2006 (a) a person who is performing or has performed a function 1 under this Act or any of the repealed Acts, or is or was 2 otherwise engaged in the administration of this Act or 3 any of the repealed Acts; 4 (b) a person who has obtained access to confidential 5 information, whether before or after the commencement 6 of this section and whether directly or indirectly, from a 7 person mentioned in paragraph (a). 8 (2) The informed person must not disclose confidential 9 information acquired by the informed person to anyone else 10 other than under subsection (3). 11 Maximum penalty--100 penalty units or 2 years 12 imprisonment. 13 (3) The informed person may disclose confidential information-- 14 (a) for the purposes of this Act; or 15 (b) to discharge a function under another law or if it is 16 otherwise authorised under another law; or 17 (c) for a proceeding in a court, if the informed person is 18 required to do so by order of the court or otherwise by 19 law; or 20 (d) for confidential information that consists of a person's 21 private details--if authorised by the person to whom the 22 information relates; or 23 (e) if authorised by the chief executive because-- 24 (i) a person's life or physical safety could otherwise 25 reasonably be expected to be endangered; or 26 (ii) it is otherwise in the public interest; or 27 (f) if the information merely informs someone-- 28 (i) of the corrective services facility in which a 29 prisoner is being held in custody; or 30 (ii) for an offender who is subject to a parole order or a 31 community based order--that the offender is 32 subject to the order. 33 (4) In this section-- 34

 


 

s 341 207 s 341 Corrective Services Bill 2006 confidential information-- 1 (a) includes information-- 2 (i) about a person's private details; or 3 (ii) that could reasonably be expected to pose a risk to 4 the security or good order of a corrective services 5 facility; or 6 (iii) that could reasonably be expected to endanger 7 anyone's life or health, including psychological 8 health; or 9 (iv) that could reasonably be expected to prejudice the 10 effectiveness of a test or audit; or 11 (v) that could reasonably be expected to divulge the 12 identity of an informant or a confidential source of 13 information; or 14 (vi) that could reasonably be expected to disclose an 15 expert's advice or recommendation about an 16 offender; or 17 (vii) that could reasonably be expected to prejudice a 18 law enforcement agency's investigation; or 19 (viii) that could have a serious adverse effect on the 20 commercial interests, or reveal 21 commercial-in-confidence interests, of an engaged 22 service provider; but 23 (b) does not include-- 24 (i) information already disclosed to the general 25 public, unless further disclosure of the information 26 is prohibited by law; or 27 (ii) statistical or other information that could not 28 reasonably be expected to result in the 29 identification of the person to whom the 30 information relates. 31 private details of a person includes the person's identity, 32 private residential address or contact details. 33

 


 

s 342 208 s 343 Corrective Services Bill 2006 342 Commissioner to provide offender's criminal history 1 (1) The chief executive may ask the commissioner to give the 2 chief executive, for use under this Act and the Penalties and 3 Sentences Act 1992, a report about the criminal history of an 4 offender. 5 (2) The commissioner must give the chief executive a written 6 report about the criminal history that-- 7 (a) is in the commissioner's possession; or 8 (b) the commissioner can access through arrangements with 9 the police service of another State. 10 (3) The chief executive may give information in the report to-- 11 (a) the person in charge of an institution (including in 12 another State) to which a prisoner is, or is to be, 13 transferred under an Act; or 14 (b) a designated authority under the Parole Orders 15 (Transfer) Act 1984, section 7(1); or 16 (c) a proper authority under the Penalties and Sentences Act 17 1992, section 136(2); or 18 (d) a parole board. 19 (4) The information in the report may include a reference to, or a 20 disclosure of, a conviction referred to in the Criminal Law 21 (Rehabilitation of Offenders) Act 1986, section 6. 22 343 Traffic history 23 (1) The chief executive may ask the transport chief executive to 24 give the chief executive a report about an offender's traffic 25 history for use under this Act and the Penalties and Sentences 26 Act 1992. 27 (2) The transport chief executive must give the chief executive a 28 written report about the traffic history that-- 29 (a) is in the transport chief executive's possession; or 30 (b) the transport chief executive can access through 31 arrangements with a government department of another 32 State. 33 (3) The chief executive may give information in the report to-- 34

 


 

s 344 209 s 344 Corrective Services Bill 2006 (a) the person in charge of an institution (including in 1 another State) to which a prisoner is, or is to be, 2 transferred under an Act; or 3 (b) a designated authority under the Parole Orders 4 (Transfer) Act 1984, section 7(1); or 5 (c) a proper authority under the Penalties and Sentences Act 6 1992, section 136(2); or 7 (d) a parole board. 8 (4) The information in the report may include a reference to, or a 9 disclosure of, a conviction referred to in the Criminal Law 10 (Rehabilitation of Offenders) Act 1986, section 6. 11 (5) In this section-- 12 traffic history of an offender means the offender's traffic 13 history under the Transport Operations (Road Use 14 Management) Act 1995. 15 transport chief executive means the chief executive of the 16 department in which the Transport Operations (Road Use 17 Management) Act 1995 is administered. 18 344 Pre-sentence report 19 (1) When required to do so by a court, the chief executive must 20 prepare a pre-sentence report for the court about a stated 21 person convicted of an offence. 22 (2) A pre-sentence report may, for example, state the person's 23 criminal or traffic history obtained under section 342 or 343. 24 (3) If the court proposes to grant bail to the person, the court must 25 order the person to report to the chief executive within a stated 26 time. 27 (4) The pre-sentence report must be-- 28 (a) given to the court within 28 days; and 29 (b) if the report is in writing, given in triplicate. 30 (5) The court must give a copy of a pre-sentence report to-- 31 (a) the prosecution; and 32 (b) the convicted person's lawyers. 33

 


 

s 345 210 s 345 Corrective Services Bill 2006 (6) The court must ensure the prosecution and lawyers have 1 sufficient time before the proceedings to consider and respond 2 to the report. 3 (7) The court may order that the report, or part of the report, not 4 be shown to the convicted person. 5 (8) The copy of the report must be returned to the court before the 6 end of the proceedings. 7 (9) A report purporting to be a pre-sentence report made by the 8 chief executive is evidence of the matters contained in it. 9 (10) An objection must not be taken or allowed to the evidence on 10 the ground that it is hearsay. 11 Part 14 Surrender of equipment and 12 identity card 13 345 Staff members 14 (1) If a person stops being a staff member, the person must return 15 to the issuing entity, as required under subsection (2), a 16 firearm or other weapon issued to the person to perform the 17 person's duties under this Act, unless the person has a 18 reasonable excuse. 19 Maximum penalty--20 penalty units. 20 (2) The firearm or other weapon must be returned immediately 21 after the person stops being a staff member. 22 (3) Also, if a person stops being a staff member, the person must 23 return the following things to the issuing entity, as required 24 under subsection (4), unless the person has a reasonable 25 excuse-- 26 (a) the person's identity card; 27 (b) anything else not mentioned in subsection (1) issued to 28 the person to perform the person's duties under this Act 29 that the chief executive requires to be returned. 30 Maximum penalty--10 penalty units. 31

 


 

s 346 211 s 347 Corrective Services Bill 2006 (4) Anything required to be returned under subsection (3) must be 1 returned as soon as practicable, but within 7 days, after the 2 person stops being a staff member. 3 (5) In this section-- 4 issuing entity means-- 5 (a) for something issued by the chief executive--the chief 6 executive; or 7 (b) for something issued by an engaged service 8 provider--the engaged service provider. 9 Part 15 Legal provisions 10 346 Royal prerogative of mercy etc. not affected 11 (1) This Act does not affect the royal prerogative of mercy. 12 (2) Subject to the express provisions of this Act, nothing in this 13 Act is to be read as limiting or changing any authority or 14 jurisdiction that a court, judge or justice has under another Act 15 or law. 16 347 Interpretation of authority for admission to corrective 17 services facility 18 (1) If a question arises about the construction or effect of an 19 authority for admitting a prisoner to a corrective services 20 facility, the chief executive may apply to a Supreme Court 21 judge to interpret the authority. 22 (2) The interpretation is sufficient authority for the chief 23 executive to deal with the person in accordance with the 24 interpretation. 25 (3) An appeal does not lie against the interpretation. 26 (4) In this section-- 27 authority, for admitting a person to a corrective services 28 facility, means an authority mentioned in section 9(1). 29

 


 

s 348 212 s 350 Corrective Services Bill 2006 348 Execution of warrant by corrective services officer 1 If a court issues a warrant requiring police officers to convey a 2 person before the court to a corrective services facility, a 3 corrective services officer may execute the warrant. 4 349 Protection from liability 5 (1) An official does not incur civil liability for an act done, or 6 omission made, honestly and without negligence under this 7 Act. 8 (2) A member of a parole board does not incur civil liability for 9 an act done, or omission made honestly, with or without 10 negligence, under this Act. 11 (3) If subsection (1) or (2) prevents a civil liability attaching to an 12 official or member of a parole board, the liability attaches 13 instead to the State. 14 (4) In this section-- 15 official-- 16 (a) means-- 17 (i) the Minister; or 18 (ii) the chief executive; or 19 (iii) a person, other than a member of a parole board, 20 appointed for this Act; or 21 (iv) a volunteer; but 22 (b) does not include an engaged service provider, or person 23 appointed by an engaged service provider, performing a 24 function of a person mentioned in paragraph (a). 25 350 Proceedings for offences 26 (1) A proceeding for an offence against this Act, other than an 27 offence under section 122, is a summary proceeding under the 28 Justices Act 1886. 29 (2) The proceeding must start-- 30 (a) within 1 year after the offence was committed; or 31

 


 

s 351 213 s 351 Corrective Services Bill 2006 (b) within 6 months after the offence comes to the 1 complainant's knowledge, but within 2 years after the 2 offence was committed. 3 351 Evidentiary aids 4 (1) This section applies to a proceeding under an Act. 5 (2) It is not necessary to prove the appointment of an appointed 6 person or the power of an appointed person to do something, 7 unless a party to the proceeding, by reasonable notice of at 8 least 7 days, requires proof. 9 (3) A certificate purporting to be signed by the chief executive 10 stating any of the following matters is evidence of the 11 matter-- 12 (a) a person's appointment as an appointed person was, or 13 was not, in force on a stated day or during a stated 14 period; 15 (b) a person is, or was on a stated day or during a stated 16 period, a prisoner; 17 (c) a dog is, or was on a stated day or during a stated period, 18 a corrective services dog; 19 (d) a stated place is, or was on a stated day or during a 20 stated period, a corrective services facility; 21 (e) a stated approval is, or was on a stated day or during a 22 stated period, in force; 23 (f) a stated document is a copy of a document made under 24 this Act, 1 of the repealed Acts or the Prisons Act 1958; 25 (g) the contents of a stated substance that was tested by a 26 stated analyst within the meaning of the Health Act 27 1937; 28 (h) a stated thing is, or was on a stated day or during a stated 29 period-- 30 (i) property that is part of a corrective services 31 facility; or 32 (ii) other property of the State; 33

 


 

s 352 214 s 353 Corrective Services Bill 2006 (i) approval was not given for a stated act or omission that 1 is alleged to have happened. 2 (4) A certificate signed by the secretary of a parole board 3 recording a decision of the board is evidence of the matter. 4 (5) A signature purporting to be the signature of an appointed 5 person is evidence of the person's signature. 6 (6) In a complaint starting the proceeding, a statement that the 7 offence in the complaint came to the complainant's 8 knowledge on a stated day is evidence of the matter. 9 (7) In this section-- 10 appointed person means-- 11 (a) the chief executive; or 12 (b) a corrective services officer; or 13 (c) a member of a parole board; or 14 (d) an official visitor; or 15 (e) the chief inspector; or 16 (f) an inspector; or 17 (g) a doctor; or 18 (h) a police officer; or 19 (i) a community service supervisor. 20 Part 16 Miscellaneous 21 352 Review of Act 22 The Minister must review the efficacy and efficiency of this 23 Act within 7 years after its commencement. 24 353 Exemption from tolls 25 A vehicle being used to transport prisoners is exempt from 26 payment of a toll for the use of a road, bridge or ferry. 27

 


 

s 354 215 s 356 Corrective Services Bill 2006 354 Approved forms 1 (1) The chief executive may approve forms for use under this 2 Act. 3 (2) If there is an approved form for an order or instrument made 4 or granted under this Act, the order or instrument must be in 5 the approved form. 6 355 Regulation-making power 7 (1) The Governor in Council may make regulations under this 8 Act. 9 (2) Without limiting subsection (1), a regulation may-- 10 (a) prescribe offences for a contravention of a regulation 11 and fix a maximum penalty of not more than 20 penalty 12 units for a contravention; or 13 (b) prescribe fees payable under this Act. 14 Chapter 7 Transitional and other 15 provisions for Corrective 16 Services Act 2006 17 Part 1 Preliminary 18 356 Definitions for ch 7 19 In this chapter-- 20 2000 Act means the Corrective Services Act 2000. 21 applied discipline procedure see section 406(2). 22 commencement means the commencement of this section. 23 previous, if followed by a provision number, means the 24 provision under the 2000 Act. 25

 


 

s 357 216 s 358 Corrective Services Bill 2006 357 Continued actions or things to be read with necessary 1 changes 2 (1) This section applies if-- 3 (a) an action was done or something was brought into 4 existence under a provision of the 2000 Act (the 5 previous action or thing); and 6 (b) a provision of this chapter provides that the previous 7 action or thing continues in force or existence, or 8 continues to have effect, and is taken to be an action or 9 thing under this Act or a provision of this Act. 10 11 Examples-- 12 · section 381(2) 13 · section 442(2) (2) The previous action or thing is to be read with, or continued in 14 force with, the changes necessary-- 15 (a) to make it consistent with this Act; and 16 (b) to adapt its operation to this Act. 17 (3) Subsection (2) does not prevent the provision of this chapter 18 providing for other matters in relation to the action or thing. 19 Part 2 Prisoners and other persons in 20 custody 21 Division 1 Custody and admission 22 358 Where persons to be detained 23 (1) This section applies to a person who-- 24 (a) before the commencement, was sentenced to a period of 25 imprisonment or required by law to be detained for a 26 period; and 27 (b) immediately before the commencement was detained in 28 a corrective services facility. 29

 


 

s 359 217 s 361 Corrective Services Bill 2006 (2) Subject to this Act, the person must continue to be detained. 1 (3) However, if the person was detained in a watch-house under 2 previous section 6(2)(b), subsection (2) does not prevent the 3 person being taken to a corrective services facility. 4 (4) This section is also subject to the Acts, and provisions of Acts, 5 mentioned in section 6(3). 6 359 When persons in chief executive's custody 7 (1) A person who, under the 2000 Act, was in the chief 8 executive's custody immediately before the commencement 9 continues to be in the chief executive's custody, subject to this 10 Act. 11 12 Note-- 13 See, for example, previous section 7. (2) Subsection (1) does not prevent the application of a provision 14 of this Act providing for when a person is in another person's 15 custody. 16 360 When persons in commissioner's custody 17 (1) A person who, under the 2000 Act, was in the commissioner's 18 custody immediately before the commencement continues to 19 be in the commissioner's custody, subject to this Act. 20 21 Note-- 22 See, for example, previous section 8. (2) Subsection (1) does not prevent the application of a provision 23 of this Act providing for when a person is in another person's 24 custody. 25 361 Authority for admission to corrective services facility 26 (1) This section applies to a person who-- 27 (a) before the commencement, was validly admitted to a 28 corrective services facility as mentioned in previous 29 section 9(1); and 30

 


 

s 362 218 s 363 Corrective Services Bill 2006 1 Note-- 2 See section 474. (b) immediately before the commencement was validly 3 detained in a corrective services facility. 4 (2) Subject to this Act, the continued detention of the person in a 5 corrective services facility is valid. 6 362 Continuation of record for identifying prisoners 7 (1) The record kept by the chief executive under previous section 8 10(1) and in existence immediately before the commencement 9 (the previous record) is taken to be part of the record required 10 under section 10(1). 11 (2) The previous record may be dealt with under section 10, 12 including by destroying photos and prints forming part of the 13 previous record. 14 363 Prisoner classifications 15 (1) This section applies to a prisoner who, immediately before the 16 commencement, had a classification under previous section 17 12 (previous classification). 18 (2) If, immediately before the commencement, the prisoner's 19 previous classification was maximum security, the chief 20 executive is taken to have classified the prisoner under section 21 12(1) with the security classification of maximum. 22 (3) If, immediately before the commencement, the prisoner's 23 previous classification was high security, medium security or 24 low security, the chief executive is taken to have classified the 25 prisoner under section 12(1) with the security classification of 26 high. 27 (4) If, immediately before the commencement, the prisoner's 28 previous classification was open security, the chief executive 29 is taken to have classified the prisoner under section 12(1) 30 with the security classification of low. 31 (5) For applying section 13 to a prisoner to whom this section 32 applies, the end of the first interval is to be worked out on the 33

 


 

s 364 219 s 365 Corrective Services Bill 2006 basis of the decision about classification, or a review of a 1 classification, under previous section 12. 2 3 Example for subsection (5)-- 4 A prisoner was classified as maximum security on 1 October 2005. On 5 26 March 2006, the prisoner's classification was reviewed under 6 previous section 12 as low security. No change is made to the 7 classification before the commencement and, under subsection (3), the 8 prisoner's security classification is high on the commencement. Under 9 section 13(1)(b), a prisoner's security classification of high must be 10 reviewed at intervals of not longer than 1 year. Therefore, under 11 subsection (5), the prisoner's security classification must be reviewed 12 before 26 March 2007. 364 Asking chief executive to reconsider decision about 13 classification 14 (1) This section applies if, immediately before the 15 commencement, a prisoner was entitled to apply under the 16 2000 Act for a reconsideration of the chief executive's 17 decision to change the prisoner's classification. 18 19 Note-- 20 See the repealed Corrective Services Regulation 2001, section 4. (2) The prisoner may apply for a reconsideration of the decision 21 under the 2000 Act as if this Act had not been enacted. 22 (3) However, the chief executive must reconsider the decision, 23 and may confirm, amend or cancel the decision, as mentioned 24 in section 16(3). 25 (4) Also, the chief executive must give the prisoner an 26 information notice about the reconsidered decision as 27 mentioned in section 16(4). 28 Division 2 Management of prisoners 29 365 Direction given before commencement 30 A direction given under previous section 14(1) and in force 31 immediately before the commencement is taken to be a 32 direction given under section 20(1). 33

 


 

s 366 220 s 368 Corrective Services Bill 2006 366 Order or direction for medical examination or treatment 1 (1) This section applies to an order given under previous section 2 15(2) (the previous order), or a requirement made under 3 previous section 15(3)(b) (the previous requirement), if-- 4 (a) the previous order or previous requirement was in force 5 immediately before the commencement; and 6 (b) the medical examination mentioned in the order or 7 requirement had not happened or been completed before 8 the commencement. 9 (2) The previous order is taken to be an order given under section 10 21(3) requiring the medical examination stated in the previous 11 order. 12 (3) The previous requirement is taken to be a requirement given 13 under section 21(4)(a)(ii) requiring the medical examination 14 stated in the previous requirement. 15 (4) The previous order and the previous requirement may be 16 amended or cancelled by the chief executive under section 21. 17 367 Authorisation for medical examination or treatment 18 (1) This section applies to an authorisation given under previous 19 section 15(7) and in force immediately before the 20 commencement (the previous authorisation) if the medical 21 examination or treatment mentioned in the authorisation has 22 not happened or been completed before the commencement. 23 (2) The previous authorisation is taken to be an authorisation 24 given under section 21(7) for the medical examination or 25 treatment. 26 368 Application or approval for private medical examination 27 or treatment 28 (1) This section applies to the following-- 29 (a) an application made under previous section 16(1) if the 30 application had not been approved or refused before the 31 commencement (the previous application); 32 (b) an approval given by the chief executive under previous 33 section 16(2) if the examination or treatment the subject 34

 


 

s 369 221 s 371 Corrective Services Bill 2006 of the approval had not happened or been completed 1 before the commencement (the previous approval). 2 (2) The previous application is taken to be an application made 3 under section 22(1). 4 (3) The previous approval is taken to be an approval given under 5 section 22(3) and any conditions that applied under the 2000 6 Act, or as stated in the previous approval, continue to apply to 7 the previous approval. 8 369 Previous notice about lodging notice of intention to 9 marry and approval and decision about marriage 10 (1) A notice given to the chief executive under previous section 11 23(1) about lodging a notice of intention to marry is taken to 12 be the notice required under section 26(1) about lodging a 13 notice of intention to marry. 14 (2) An approval, and any decision of the chief executive about the 15 way a marriage is to be conducted, under previous section 16 23(2) is taken to be an approval or decision as mentioned in 17 section 26(2). 18 370 Previous notice about change of name 19 Section 27 does not apply to a person who changes the 20 person's name if the person gave notice to the chief executive 21 about the change under previous section 24. 22 371 Carrying on a business 23 Section 28(1) does not apply, until the end of 21 days after the 24 commencement, to a prisoner in a corrective services facility 25 who was carrying on a business immediately before the 26 commencement. 27

 


 

s 372 222 s 374 Corrective Services Bill 2006 Division 3 Children accommodated with 1 female prisoners 2 372 Application or approval for accommodation of child with 3 prisoner 4 (1) This section applies if an application was made under 5 previous section 20 to have a child accommodated with a 6 prisoner (the previous application). 7 (2) If the previous application was neither approved nor refused 8 before the commencement, the previous application is taken 9 to be an application made under section 29(3). 10 (3) If the previous application was granted before the 11 commencement, and the grant was not cancelled or the child 12 was not removed before the commencement, the previous 13 application is taken to have been granted under section 30(1). 14 (4) To remove any doubt, it is declared that, under section 31, the 15 chief executive may remove a child being accommodated with 16 a prisoner in a corrective services facility even though the 17 chief executive did not originally grant the application 18 allowing the child to be so accommodated. 19 373 Reviewing decisions about children 20 (1) This section applies if, immediately before the 21 commencement, a female prisoner was entitled to apply under 22 previous section 22 to the chief executive to review a decision 23 mentioned in that section, but had not applied. 24 (2) The female prisoner may apply for a review of the decision 25 under previous section 22, and the chief executive must 26 review the decision, as if this Act had not been enacted. 27 374 Existing application for review of decision about 28 accommodation of child with prisoner 29 (1) This section applies if, before the commencement-- 30 (a) a person had applied under previous section 22 for a 31 review of a decision mentioned in that section; and 32

 


 

s 375 223 s 377 Corrective Services Bill 2006 (b) the application had not been dealt with by the chief 1 executive giving the prisoner written notice of the 2 decision. 3 (2) The chief executive must deal with the application under 4 previous section 22 as if this Act had not been enacted. 5 Division 4 Search of prisoners 6 375 Existing order for personal searching whenever prisoner 7 leaves part of secure facility 8 (1) This section applies to an order given under previous section 9 26(1) in relation to a part of a secure facility if the order was 10 in force immediately before the commencement. 11 (2) The order is taken to be an order given by the chief executive 12 under section 34(1) in relation to the part of the secure facility. 13 376 Existing direction or order for strip searching of prisoner 14 (1) This section applies to a direction or order given under 15 previous section 26A in relation to a prisoner if the direction 16 or order was in force immediately before the commencement. 17 (2) A direction under previous section 26A(1) is taken to be a 18 direction given under section 35(1) in relation to the prisoner. 19 (3) An order under previous section 26A(2)-- 20 (a) is taken to be an order giving effect to a direction under 21 section 35(1) in relation to the prisoner; and 22 (b) may be amended or cancelled by the chief executive. 23 377 Continuation of register of searches 24 The register kept for a corrective services facility under 25 previous section 29 and in existence immediately before the 26 commencement is taken to be part of the register required 27 under section 40(1) for the facility. 28

 


 

s 378 224 s 380 Corrective Services Bill 2006 378 Test samples 1 (1) A test sample given by a person under previous section 30 2 before the commencement is taken to have been given by the 3 person under section 41. 4 (2) For section 43, a reference to a positive test sample includes-- 5 (a) a test sample for which test results obtained before the 6 commencement showed the sample to be a positive test 7 sample under the 2000 Act; or 8 (b) a test sample given before the commencement for which 9 test results obtained after the commencement showed 10 the sample to be a positive test sample under this Act. 11 379 Requirement for test sample before commencement but 12 test sample not given 13 (1) This section applies if-- 14 (a) a person was required to give a test sample as mentioned 15 in previous section 30; and 16 (b) the person had not complied with the requirement 17 before the commencement. 18 (2) The previous requirement is taken to be a requirement under 19 section 41. 20 Division 5 Mail and phone calls 21 380 Phone calls 22 The approval of a person or number as mentioned in previous 23 section 36(1)(b) and in force immediately before the 24 commencement is taken to be an approval of the person or 25 telephone number as mentioned in section 50(1)(b). 26

 


 

s 381 225 s 383 Corrective Services Bill 2006 Division 6 Special treatment orders and crisis 1 support orders 2 381 Special treatment order and crisis support order 3 (1) This section applies to each of the following (each of which is 4 a previous order) if the previous order was in force 5 immediately before the commencement-- 6 (a) a special treatment order made under previous section 7 38; 8 (b) a crisis support order made under previous section 42. 9 (2) The previous order-- 10 (a) continues in force according to its terms; and 11 (b) is taken to be a safety order made under section 53. 12 (3) A medical examination carried out on the prisoner the subject 13 of the previous order under previous section 40 or 45 is taken 14 to be a medical examination carried out on the prisoner under 15 section 57. 16 382 Review of special treatment order 17 (1) If, immediately before the commencement, a prisoner had 18 asked, under previous section 39(2), for a special treatment 19 order to be referred to an official visitor for review, the chief 20 executive must ensure the order was or is referred to an 21 official visitor for review. 22 (2) The referral of the special treatment order to an official visitor 23 before or after the commencement is taken to be a referral 24 made under section 56. 25 383 Review of crisis support order 26 (1) If, immediately before the commencement, a prisoner had 27 asked, under previous section 44(1), for a crisis support order 28 to be reviewed, the chief executive must ensure the order was 29 or is referred to a doctor or psychologist as required under 30 previous section 44(2). 31

 


 

s 384 226 s 386 Corrective Services Bill 2006 (2) The referral of the crisis support order to a doctor or 1 psychologist before or after the commencement is taken to be 2 a referral made under section 55(1). 3 384 Continuation of records about special treatment orders 4 and crisis support orders 5 (1) This section applies to each of the following records as in 6 existence immediately before the commencement (each of 7 which is a previous record)-- 8 (a) the record kept for a corrective services facility under 9 previous section 41; 10 (b) the record kept for a corrective services facility under 11 previous section 46. 12 (2) Each previous record kept for a corrective services facility is 13 taken to be part of the record required under section 59(1) for 14 the facility. 15 Division 7 Maximum security orders 16 385 Maximum security order 17 (1) This section applies to a maximum security order made under 18 previous section 47 and in force immediately before the 19 commencement (the previous order). 20 (2) The previous order-- 21 (a) continues in force according to its terms; and 22 (b) is taken to be a maximum security order made under 23 section 60. 24 386 Medical examination 25 A medical examination carried out under previous section 51 26 on a prisoner the subject of an order made under previous 27 section 47 is taken to be a medical examination carried out on 28 the prisoner under section 64. 29

 


 

s 387 227 s 389 Corrective Services Bill 2006 387 Review of maximum security order 1 (1) If, immediately before the commencement, a prisoner had 2 asked, under previous section 50(1) or (6), for an order under 3 previous section 47 to be referred to an official visitor for 4 review, the chief executive must ensure the order was or is 5 referred to an official visitor for review. 6 (2) The referral of the order to an official visitor before or after 7 the commencement is taken to be a referral made under 8 section 63. 9 (3) If, immediately before the commencement, a prisoner was 10 entitled under previous section 50(1) to ask for a maximum 11 security order to be referred to an official visitor for review, 12 but had not asked, the prisoner may apply under section 63 for 13 the referral. 14 388 Continuation of record about maximum security orders 15 The record kept for a corrective services facility under 16 previous section 52 and in existence immediately before the 17 commencement is taken to be part of the record required 18 under section 65 for the corrective services facility. 19 Division 8 Transfer and removal of prisoners 20 389 Transfer to another corrective services facility or health 21 institution 22 (1) An order made under previous section 53(1) for a prisoner-- 23 (a) continues in force according to its terms; and 24 (b) is taken to be an order made by the chief executive under 25 section 68(1) for the prisoner. 26 (2) Subsection (3) applies if, immediately before the 27 commencement-- 28 (a) a prisoner had asked, under previous section 53(5), for a 29 review of a decision transferring the prisoner; and 30 (b) the chief executive had not confirmed, amended or 31 cancelled the decision. 32

 


 

s 390 228 s 391 Corrective Services Bill 2006 (3) The chief executive must reconsider the decision as if the 1 prisoner had made an application for the reconsideration 2 under section 71(2). 3 (4) If, immediately before the commencement, a prisoner was 4 entitled under previous section 53(5) to ask for a review of a 5 decision transferring the prisoner, but had not asked, the 6 prisoner may apply under section 71(2) for a reconsideration 7 of the decision. 8 (5) To remove any doubt, it is declared that section 68(5) applies 9 to a person who, before the commencement, was a prisoner 10 who was transferred to an authorised mental health service 11 and became a classified patient under the Mental Health Act 12 2000. 13 390 Transfer to court 14 An order or attendance authority as mentioned in previous 15 section 54(1) for producing a prisoner at a time after the 16 commencement-- 17 (a) continues in force according to its terms; and 18 (b) is taken to be an order or attendance authority as 19 mentioned in section 69(1) for producing the prisoner. 20 391 Removal of prisoner for law enforcement purposes 21 (1) An authority given under previous section 55(2) for a prisoner 22 to be removed from a corrective services facility at a time 23 after the commencement-- 24 (a) continues in force according to its terms; and 25 (b) is taken to be an authority given under section 70(2) 26 relating to the prisoner. 27 (2) To remove any doubt, it is declared that section 70(4) applies 28 to the prisoner. 29

 


 

s 392 229 s 394 Corrective Services Bill 2006 392 WORC and WCC programs 1 (1) This section applies to an order made under previous section 2 56 for a prisoner to participate in a WORC program or WCC 3 program as mentioned in that section (the previous order). 4 (2) If the previous order was in force immediately before the 5 commencement, the previous order-- 6 (a) continues in force according to its terms; and 7 (b) is taken to be a work order made under section 66 for the 8 prisoner. 9 Division 9 Leave of absence 10 393 Existing order for leave other than resettlement leave 11 (1) This section applies to an order granting leave, other than 12 resettlement leave, to a prisoner under previous section 58(1) 13 (the previous order) if the previous order was in force 14 immediately before the commencement. 15 (2) The previous order continues in force according to its terms 16 and is taken to be an order made under section 72. 17 (3) If previous section 58(1) included a term to describe the leave 18 granted by the previous order and that term is used in section 19 72(1) to describe leave, the previous order is an order made 20 under section 72(1) for leave with the same term. 21 394 Existing order for resettlement leave 22 (1) This section applies to an order granting resettlement leave to 23 a prisoner under previous section 58(1)(e) (the previous 24 order) if the previous order was in force immediately before 25 the commencement. 26 (2) The previous order-- 27 (a) continues in force according to its terms; and 28 (b) is taken to be an order made under section 72(1)(f). 29 (3) The resettlement leave program under the previous order is 30 taken to be an approved resettlement leave program. 31

 


 

s 395 230 s 398 Corrective Services Bill 2006 395 Existing authority for prisoner's expenses while on leave 1 An authority under previous section 63(1) that was in force 2 immediately before the commencement-- 3 (a) continues in force according to its terms; and 4 (b) is taken to be an authority under section 83(1). 5 396 Existing suspension of order for leave and requirement 6 to return to corrective services facility 7 A suspension and requirement under previous section 64(4) 8 that was in force immediately before the commencement-- 9 (a) continues in force according to its terms; and 10 (b) is taken to be a suspension and requirement under 11 section 85(1). 12 Division 10 Interstate leave of absence 13 397 Existing interstate leave permit 14 (1) This section applies to an interstate leave permit issued to a 15 prisoner under previous section 67 (the previous permit) if-- 16 (a) the permit was in force immediately before the 17 commencement; and 18 (b) the period stated in the permit had not expired before the 19 commencement. 20 (2) The previous permit-- 21 (a) continues in force according to its terms; and 22 (b) is taken to be an interstate leave permit issued under 23 section 89. 24 398 Existing warrant for return of interstate prisoner 25 (1) This section applies to a warrant issued for an interstate 26 prisoner under previous 72(4) (the previous warrant) if, 27 immediately before the commencement, the warrant was in 28 effect and had not been executed. 29

 


 

s 399 231 s 401 Corrective Services Bill 2006 (2) The previous warrant-- 1 (a) continues to have effect according to its terms; and 2 (b) is taken to be a warrant issued under section 95(4). 3 399 Liability for damage because of interstate leave permit 4 Previous section 73 continues to apply in relation to an act 5 done or omission made, or a right of action that existed, 6 before the commencement, as if this Act had not been 7 enacted. 8 Division 11 Remission and conditional release 9 Subdivision 1 Remission 10 400 Existing grant of remission 11 A grant of remission made under previous section 75(2) or (4) 12 before the commencement is not affected by the enactment of 13 this Act. 14 401 Eligibility for remission 15 (1) This section applies if, immediately before the 16 commencement-- 17 (a) a prisoner was eligible for remission of a term of 18 imprisonment under previous section 75(1); and 19 (b) the prisoner had served at least two-thirds of the term of 20 imprisonment; and 21 (c) the chief executive had not made a decision about 22 granting remission of the term of imprisonment. 23 (2) The chief executive must make a decision about granting the 24 remission under previous section 75 as if this Act had not 25 been enacted. 26 (3) For subsection (2), previous sections 77, 78 and 79 continue 27 to apply as if this Act had not been enacted. 28

 


 

s 402 232 s 403 Corrective Services Bill 2006 402 Court order for remaking decision about remission 1 (1) This section applies to a decision of the chief executive under 2 previous section 75 or section 401 about a grant of remission 3 if, after the commencement, a court orders the decision be set 4 aside and remade. 5 (2) The chief executive must remake the decision about granting 6 remission under previous section 75 as if this Act had not 7 been enacted. 8 (3) For subsection (2), previous sections 77, 78 and 79 continue 9 to apply as if this Act had not been enacted. 10 Subdivision 2 Conditional release 11 403 Existing conditional release order 12 (1) This section applies to a conditional release order for a 13 prisoner made under previous section 76(3) before the 14 commencement (the previous order) if, immediately before 15 the commencement, the previous order had not expired or had 16 not been suspended or cancelled under previous section 80. 17 (2) The previous order as in force immediately before the 18 commencement-- 19 (a) continues in force according to its terms; and 20 (b) is taken to be a conditional release order for the prisoner 21 made under section 98(1). 22 (3) Subsection (4) applies if, immediately before the 23 commencement, the previous order was suspended or 24 cancelled under previous section 80 and matters in relation to 25 the suspension or cancellation had not been fully dealt with 26 under the 2000 Act. 27 28 Examples for subsection (3)-- 29 1 If the chief executive had not issued a warrant under previous 30 section 80(2), the chief executive may issue a warrant under section 31 104(1). 32 2 If the chief executive had not given the relevant prisoner an 33 information notice under previous section 80(5), the chief executive 34 must give the prisoner an information notice under section 105(1).

 


 

s 404 233 s 405 Corrective Services Bill 2006 (4) Chapter 2, part 2, division 10, subdivision 3 of this Act applies 1 in relation to the suspension or cancellation. 2 (5) However, if, because of a suspension or cancellation made 3 before the commencement, the chief executive intends to 4 make another order for the conditional release of the prisoner, 5 it must be made under this Act and not under previous section 6 76. 7 404 Notice about considering to refuse to make conditional 8 release order 9 (1) This section applies if, before the commencement, the chief 10 executive-- 11 (a) gave a prisoner a notice under previous section 79(2) 12 about an order for the prisoner's conditional release (the 13 previous notice); and 14 (b) had not given a written notice under previous section 15 79(3) refusing the conditional release. 16 (2) The previous notice is taken to be a notice given to the 17 prisoner under section 101(1). 18 Division 12 Arrest of prisoners 19 405 Existing warrant for prisoner unlawfully at large 20 (1) A prisoner who, immediately before the commencement, was 21 unlawfully at large as defined under previous section 85 is 22 taken to be a prisoner who is unlawfully at large under section 23 112. 24 (2) For section 112(4), any period a prisoner is unlawfully at large 25 includes any period before the commencement that the 26 prisoner was unlawfully at large as defined under previous 27 section 85. 28 (3) A warrant issued for a prisoner under previous section 85(2) 29 that, immediately before the commencement, had effect and 30 had not been executed-- 31 (a) continues in force according to its terms; and 32

 


 

s 406 234 s 406 Corrective Services Bill 2006 (b) is taken to be a warrant issued under section 112(2); and 1 (c) may be executed by any corrective services officer or 2 any police officer. 3 4 Note-- 5 See also the Police Powers and Responsibilities Act 2000, 6 section 449. Part 3 Breaches and offences 7 Division 1 Breaches of discipline by prisoners 8 406 Act or omission that is a breach of discipline before 9 commencement 10 (1) This section applies to an act done or omission made by a 11 prisoner before the commencement that-- 12 (a) was a breach of discipline under the 2000 Act as in force 13 immediately before the commencement; and 14 (b) had not been finally dealt with under that Act before the 15 commencement. 16 (2) Previous chapter 3, part 1 (the applied discipline procedure) 17 applies in relation to the act or omission as if this Act had not 18 been enacted. 19 (3) For the applied discipline procedure-- 20 (a) a reference in previous section 86(4) to the person in 21 charge of a corrective services facility is taken to be a 22 reference to the person the chief executive considers is 23 the most appropriate person at the corrective services 24 facility to whom the commissioner's advice should be 25 given; and 26 (b) a reference in previous section 86(7) to an approved 27 form is taken to be a reference to the relevant form 28 approved under the 2000 Act. 29

 


 

s 407 235 s 409 Corrective Services Bill 2006 (4) Despite subsection (2), previous section 90 does not apply, but 1 the chief executive must comply with section 120 for a 2 decision, and any review of a decision, in relation to the act or 3 omission under the applied discipline procedure. 4 407 Existing order for separate confinement 5 Each of the following orders is taken to be an order made 6 under section 118(2)(c)-- 7 (a) an order for the separate confinement of a prisoner made 8 under previous section 88, if the order was in force 9 immediately before the commencement; 10 (b) an order for the separate confinement of a prisoner made 11 after the commencement under the applied discipline 12 procedure. 13 14 Note-- 15 See section 406. 408 Review of decision about breach of discipline 16 The applied discipline procedure applies to a decision that a 17 prisoner has committed a breach of discipline, whether the 18 decision was made-- 19 (a) before the commencement, under previous section 88; 20 or 21 (b) after the commencement, under the applied discipline 22 procedure. 23 24 Note-- 25 See section 406. 409 Continuation of disciplinary breach register 26 A register kept for a corrective services facility under previous 27 section 90 and in existence immediately before the 28 commencement is taken to be part of the register required 29 under section 120 for the corrective services facility. 30

 


 

s 410 236 s 412 Corrective Services Bill 2006 Division 2 Seizing property 1 410 Dealing with seized property 2 (1) This section applies to a thing seized under previous section 3 106 that has not been finally dealt with under previous chapter 4 3, part 4 before the commencement. 5 (2) The thing is taken to have been seized under-- 6 (a) if it is a prisoner's privileged mail--section 46(1)(a)(i); 7 or 8 (b) if it is a prisoner's ordinary mail--section 46(1)(a)(ii); 9 or 10 (c) if it is something found in a prisoner's privileged 11 mail--section 47; or 12 (d) if it is something else--section 138. 13 (3) A receipt given for the thing under previous section 107 is 14 taken to be a receipt given for the thing under section 139. 15 16 Note-- 17 A thing to which this section applies may be forfeited under section 140 18 or returned under section 141. 411 Forfeiting seized thing 19 If, before the commencement, a notice was given under 20 previous section 108(2) to the owner of a thing mentioned in 21 previous section 106, the notice is taken to have been given by 22 the chief executive under section 140(2). 23 412 Review of decision to forfeit 24 (1) This section applies to a person who, before the 25 commencement, was entitled to apply for a review of a 26 decision to forfeit a thing. 27 (2) If, before the commencement, the person had applied for the 28 review, the application must be dealt with under previous 29 section 109 as if this Act had not been enacted. 30

 


 

s 413 237 s 415 Corrective Services Bill 2006 (3) If the person had not applied for the review before the 1 commencement, the person may apply for the review after the 2 commencement, but only within 28 days after the notice of the 3 decision was given to the person. 4 (4) If the person applies for the review as mentioned in subsection 5 (3), the application must be dealt with under previous section 6 109 as if this Act had not been enacted. 7 Division 3 Use of lethal force 8 413 Continuation of authorisation for issue, handling and 9 storage of weapons 10 An authorisation given to a corrective services officer under 11 previous section 114 and in force immediately before the 12 commencement-- 13 (a) continues in force according to its terms; and 14 (b) is taken to be an authority given to the officer under 15 section 145. 16 414 Continuation of record of use of lethal force 17 The record kept under previous section 117 and in existence 18 immediately before the commencement is taken to be part of 19 the record required under section 148. 20 Part 4 Corrective services facilities 21 Division 1 Existing corrective services 22 facilities 23 415 Prisons 24 (1) The declaration of a place as a prison under previous section 25 118(1)(a) and in force immediately before the commencement 26

 


 

s 416 238 s 417 Corrective Services Bill 2006 is taken to be a declaration of the place as a prison under 1 section 149(1)(a). 2 (2) The assignment of a name to a prison under previous section 3 118(1)(b) and in force immediately before the commencement 4 is taken to be an assignment of the name to the prison under 5 section 149(1)(b). 6 (3) To remove any doubt, it is declared that the declaration and 7 assignment continued in force under this section may be 8 amended or repealed under section 149(1). 9 416 Community corrections centres 10 (1) The declaration of a place as a community corrections centre 11 under previous section 120(1)(a)(i) and in force immediately 12 before the commencement is taken to be a declaration of the 13 place as a community corrections centre under section 14 151(1)(a)(i). 15 (2) The assignment of a name to a community corrections centre 16 under previous section 120(1)(b)(i) and in force immediately 17 before the commencement is taken to be an assignment of the 18 name to the community corrections centre under section 19 151(1)(b)(i). 20 (3) To remove any doubt, it is declared that a declaration and 21 assignment continued in force under this section may be 22 amended or repealed under section 151(1). 23 417 WORC sites and WCC sites 24 (1) The declaration of a place as a WORC site or WCC site under 25 previous section 120(1)(a) and in force immediately before 26 the commencement is taken to be a declaration of the place as 27 a work camp under section 151(1)(a)(ii). 28 (2) The assignment of a name to a WORC site or WCC site under 29 previous section 120(1)(b) and in force immediately before 30 the commencement is taken to be an assignment of the name 31 to the work camp under section 151(1)(b)(ii). 32 (3) To remove any doubt, it is declared that a declaration and 33 assignment continued in force under this section may be 34 amended or repealed under section 151(1). 35

 


 

s 418 239 s 422 Corrective Services Bill 2006 Division 2 Visiting corrective services 1 facilities 2 418 Approval for personal visit to be a contact visit 3 An approval given to a person under previous section 124(1) 4 and in force immediately before the commencement is taken 5 to be an approval given by the chief executive under section 6 154(1). 7 419 Existing application for approval to access corrective 8 services facility 9 An application under previous section 125(1) for approval to 10 access a corrective services facility that is neither granted nor 11 refused before the commencement is taken to be an 12 application under section 155 in relation to the facility. 13 420 Approval to access corrective services facility 14 An approval given to a person under previous section 125(2) 15 and in force immediately before the commencement is taken 16 to be an approval given by the chief executive under section 17 156(1). 18 421 Existing entitlement to apply for review of refusal for 19 access approval 20 (1) This section applies if, immediately before the 21 commencement, a person was entitled to apply under previous 22 section 125(5) to the chief executive to review a decision 23 refusing approval to access a corrective services facility. 24 (2) The person is taken to be a visitor who has been refused an 25 access approval as mentioned in section 156(7). 26 422 Proof of identity 27 A fingerprint, palm print, footprint, toe print, eye print or 28 voiceprint kept by the chief executive under previous section 29 127 is taken to be an identifying particular for section 162. 30

 


 

s 423 240 s 426 Corrective Services Bill 2006 423 Existing suspension of approval to access corrective 1 services facility 2 A suspension under previous section 128 in relation to a 3 person that was in force immediately before the 4 commencement is taken to be a suspension made by the chief 5 executive under section 157. 6 424 Existing entitlement to apply for review of suspension of 7 approval to access corrective services facility 8 (1) This section applies if, immediately before the 9 commencement, a person was entitled to apply under previous 10 section 128(3) to the chief executive to review a decision 11 suspending the person from entering a corrective services 12 facility. 13 (2) The person is taken to be a visitor whose access approval has 14 been suspended as mentioned in section 157(6). 15 425 Monitoring personal visits 16 An audiovisual recording, or other monitoring record, made 17 under previous section 129 and in existence immediately 18 before the commencement is taken to be an audiovisual 19 recording, visual recording or other monitoring record, under 20 section 158. 21 Part 5 Parole 22 Division 1 Existing post-prison community 23 based release orders 24 426 Post-prison community based release order 25 A post-prison community based release order granted under 26 the 2000 Act and in force immediately before the 27 commencement (the previous order)-- 28

 


 

s 427 241 s 428 Corrective Services Bill 2006 (a) continues in force according to its terms; and 1 (b) is taken to be a parole order granted under this Act. 2 427 Eligibility for post-prison community based release order 3 (1) This section applies to a prisoner who was eligible, 4 immediately before the commencement, for a post-prison 5 community based release order under previous section 134. 6 (2) The date the prisoner was eligible to apply for the post-prison 7 community based release order under previous section 135 is 8 taken to be the prisoner's parole eligibility date for a parole 9 order under chapter 5, part 1, division 1, subdivision 2. 10 (3) Subsection (2) is subject to the Penalties and Sentences Act 11 1992, section 213. 12 428 Application for post-prison community based release 13 order 14 (1) This section applies to an application for a post-prison 15 community based release order made, but not decided, under 16 previous section 133 or 134 before the commencement (the 17 previous application). 18 (2) The previous application is taken to be an application for a 19 parole order-- 20 (a) if the previous application was made under previous 21 section 133--under section 176; or 22 (b) if the previous application was made under previous 23 section 134--under section 180. 24 (3) The previous application is taken to have been made to, or for 25 a parole order to be granted by, the replacement board for the 26 parole board that may, under the 2000 Act, have granted the 27 parole order. 28 (4) This Act applies to the previous application in relation to the 29 way the replacement board may deal with the previous 30 application. 31

 


 

s 429 242 s 431 Corrective Services Bill 2006 429 Existing authority for prisoner's expenses while on 1 parole 2 An authority given under previous section 145(2) and in force 3 immediately before the commencement-- 4 (a) continues in force according to its terms; and 5 (b) may be amended or cancelled by the chief executive. 6 430 Travelling interstate or overseas while on parole 7 (1) This section applies to an order under previous section 147 or 8 148 (the previous order) granting leave to a prisoner if any 9 time for taking the leave as stated in the previous order has not 10 expired. 11 (2) The leave is taken to have been granted by-- 12 (a) if the leave was for the prisoner to travel interstate for 13 not more than 7 days--the chief executive under section 14 212(1); or 15 (b) if the leave was for the prisoner to travel interstate for 16 more than 7 days--the relevant replacement board 17 under section 212(3); or 18 (c) if the leave was for the prisoner to travel overseas--the 19 Queensland board under section 213. 20 (3) In this section-- 21 relevant replacement board means the replacement board for 22 the parole board that granted the leave to the prisoner. 23 431 Suspension of parole order by chief executive 24 (1) This section applies to a post-prison community based release 25 order (the previous order) that was suspended by an order of 26 the chief executive under previous section 149 if the 27 suspension was in force immediately before the 28 commencement. 29 (2) The previous order is taken to have been suspended under 30 section 201(2). 31 (3) If, because of the suspension, the chief executive issued a 32 warrant under previous section 149(2) and the warrant was in 33

 


 

s 432 243 s 433 Corrective Services Bill 2006 effect and had not been executed before the commencement, 1 it-- 2 (a) continues to have effect according to its terms; and 3 (b) is taken to be a warrant issued under section 202. 4 (4) If the chief executive had not issued a warrant under previous 5 section 149(2), the chief executive may issue a warrant under 6 section 202 for the prisoner the subject of the previous order. 7 432 Reviewing existing regional board's decision to refuse 8 application 9 (1) This section applies if, before the commencement-- 10 (a) a prisoner applied under previous section 155 for a 11 review of a refusal of an application by the prisoner; and 12 (b) the Queensland board established under the 2000 Act 13 had not taken action mentioned in previous section 14 155(5)(a) or (b). 15 (2) The Queensland Parole Board must review the refusal under 16 chapter 5, part 1, division 2, subdivision 3. 17 Division 2 Existing community corrections 18 boards 19 Subdivision 1 Queensland Community 20 Corrections Board 21 433 Queensland Community Corrections Board 22 (1) The Queensland Community Corrections Board established 23 under the 2000 Act continues in existence as the Queensland 24 Parole Board until whichever of the following happens first-- 25 (a) the appointment day of the Queensland Parole Board; 26 (b) 1 year after the commencement. 27 (2) The person who, immediately before the commencement, 28 holds appointment as the president, or deputy president, of the 29

 


 

s 434 244 s 436 Corrective Services Bill 2006 Queensland Community Corrections Board holds office as the 1 president, or deputy president, of the Queensland Parole 2 Board until its appointment day. 3 (3) In this section-- 4 appointment day, of the Queensland Parole Board, means the 5 day on which each of the appointments mentioned in section 6 218(1)(a) and (b) is published in the gazette for the first time 7 under that section. 8 434 Secretary of Queensland Community Corrections Board 9 (1) This section applies to the person who was the secretary of the 10 Queensland Community Corrections Board immediately 11 before the commencement. 12 (2) The person is taken to have been appointed as secretary of the 13 Queensland board under section 223. 14 435 Existing guidelines 15 Guidelines made under previous section 167 and in force 16 immediately before the commencement are taken to be-- 17 (a) for guidelines made under previous section 18 167(1)--guidelines made under section 227(1); or 19 (b) for guidelines made under previous section 20 167(2)--guidelines made under section 227(2). 21 436 Annual report 22 (1) This section applies if the annual report for the financial year 23 ending 30 June 2006 as required under previous section 168 24 has not been given under that section before the 25 commencement. 26 (2) The Queensland Parole Board must give the report to the 27 Minister under previous section 168 as if this Act had not 28 been enacted. 29

 


 

s 437 245 s 438 Corrective Services Bill 2006 Subdivision 2 Regional community corrections 1 boards 2 437 Existing regional boards 3 (1) The following existing regional boards are taken to have been 4 established under this Act as the Central and Northern 5 Queensland Regional Parole Board for the area north of 6 latitude 26º south-- 7 (a) the North Queensland Regional Community Corrections 8 Board; 9 (b) the Townsville Regional Community Corrections Board; 10 (c) the Central Queensland Regional Community 11 Corrections Board. 12 (2) The following existing regional boards are taken to have been 13 established under this Act as the Southern Queensland 14 Regional Parole Board for the area south of latitude 26º 15 south-- 16 (a) the Brisbane Regional Community Corrections Board; 17 (b) the South Queensland Regional Community Corrections 18 Board; 19 (c) the West Moreton Regional Community Corrections 20 Board. 21 (3) Subsections (1) and (2) do not affect section 230 and a 22 regulation under that section may abolish a regional board 23 mentioned in subsection (1) or (2) or assign a different name 24 to a regional board mentioned in subsection (1) or (2). 25 438 Continuation of member's appointment 26 (1) A person who, immediately before the commencement, holds 27 appointment as a member of an existing regional board 28 mentioned in section 437(1) is taken to be a member of the 29 Central and Northern Queensland Regional Parole Board until 30 the member's office is vacated under section 236. 31 (2) A person who, immediately before the commencement, holds 32 appointment as a member of an existing regional board 33

 


 

s 439 246 s 441 Corrective Services Bill 2006 mentioned in section 437(2) is taken to be a member of the 1 Southern Queensland Regional Parole Board until the 2 member's office is vacated under section 236. 3 (3) A person who, immediately before the commencement, holds 4 appointment as the president, or deputy president, of an 5 existing regional board goes out of office as the president, or 6 deputy president, on the commencement and is not entitled to 7 compensation because of the operation of this subsection. 8 439 Secretary of existing regional board 9 A person who, immediately before the commencement, holds 10 appointment as the secretary of an existing regional board 11 goes out of office as the secretary on the commencement. 12 440 Annual report of existing regional board 13 (1) This section applies if the annual report for an existing 14 regional board for the financial year ending 30 June 2006 has 15 not been given under previous section 180 before the 16 commencement. 17 (2) The replacement board must give the report to the Queensland 18 board on or before 30 September 2006. 19 (3) For subsection (2), the person who was the president of the 20 existing regional board must give help to the replacement 21 board. 22 Subdivision 3 Powers of corrections boards 23 441 Powers of corrections board to require attendance 24 (1) This section applies if, before the commencement-- 25 (a) a corrections board within the meaning of the 2000 Act 26 issued an attendance notice under previous section 182 27 (the previous attendance notice); and 28 (b) the time stated in the previous attendance notice as the 29 stated time for a person to attend a board meeting to give 30

 


 

s 442 247 s 443 Corrective Services Bill 2006 relevant information, or to produce a stated document, 1 has not ended. 2 (2) The previous attendance notice-- 3 (a) continues in force according to its terms; and 4 (b) is taken to be an attendance notice given by the 5 replacement board under section 242. 6 Part 6 Administration 7 Division 1 Chief executive 8 442 Functions and powers of chief executive 9 (1) This section applies if-- 10 (a) the chief executive exercised a power under previous 11 section 188 (the previous power) and the power may be 12 exercised by the chief executive under this Act; and 13 (b) the previous power, as exercised, continued to have 14 effect immediately before the commencement. 15 (2) The previous power, as exercised-- 16 (a) continues to have effect; and 17 (b) is taken to have been exercised under section 263. 18 443 Existing administrative policies and procedures 19 (1) An administrative policy made under previous section 189(1) 20 and in force immediately before the commencement continues 21 in force according to its terms. 22 (2) An administrative procedure made under previous section 23 189(1) and in force immediately before the commencement-- 24 (a) continues in force according to its terms; and 25 (b) is taken to have been made under section 265(1). 26

 


 

s 444 248 s 447 Corrective Services Bill 2006 444 Existing services and programs 1 A service or program established under previous section 2 190(1) and in existence immediately before the 3 commencement is taken to have been established under 4 section 266(1). 5 445 Monitoring devices 6 If, before the commencement, the chief executive required an 7 offender to wear a device under previous section 191 and the 8 requirement continued to have effect immediately before the 9 commencement, the requirement-- 10 (a) continues in force according to its terms; and 11 (b) is taken to have been made under section 267. 12 446 Declaration of emergency 13 (1) This section applies if, before the commencement-- 14 (a) the chief executive declared an emergency exists in 15 relation to a prison under previous section 192 (the 16 previous declaration); and 17 (b) the previous declaration had not lapsed or been revoked. 18 (2) The previous declaration-- 19 (a) continues in force according to its terms; and 20 (b) is taken to have been made under section 268. 21 447 Commissioner to provide police 22 If, before the commencement, the chief executive asked the 23 commissioner to provide police officers under previous 24 section 193, the request is taken to have been made under 25 section 269. 26

 


 

s 448 249 s 450 Corrective Services Bill 2006 Division 2 Engaged service providers 1 448 Existing authorisation for engaged service provider 2 An authorisation of an entity as an engaged service provider 3 under previous section 196 and in force immediately before 4 the commencement (the previous authorisation)-- 5 (a) continues in force according to its terms; and 6 (b) is taken to be an authorisation of the entity as an 7 engaged service provider under section 272. 8 449 Review of engaged service provider's performance 9 (1) This section applies to the appointment of a person under 10 previous section 198(1) to review an engaged service 11 provider's performance of authorised functions (the previous 12 appointment) if, before the commencement, the person had 13 not finished preparing the report on the review for the chief 14 executive. 15 (2) The previous appointment-- 16 (a) continues in force according to its terms; and 17 (b) is taken to be an appointment under section 274 to 18 review the engaged service provider's performance of 19 the authorised functions. 20 Division 3 Continuing appointments 21 450 General provision about appointments or authorisations 22 continued under div 3 23 An appointment or authorisation made before the 24 commencement that is, under this division, taken to be an 25 appointment or authorisation under a provision of this Act, 26 continues-- 27 (a) until the end of the term of appointment or 28 authorisation, if any; and 29

 


 

s 451 250 s 455 Corrective Services Bill 2006 (b) on the conditions of the appointment or authorisation 1 that are consistent with this Act. 2 451 Corrective services officers 3 A person who, immediately before the commencement, was a 4 corrective services officer under previous section 201 is taken 5 to be appointed as a corrective services officer under section 6 275. 7 452 Corrective services dogs 8 A dog that, immediately before the commencement, was a 9 corrective services dog under previous section 205(b) is taken 10 to be certified as a corrective services dog under section 279. 11 453 Doctors 12 A person who, immediately before the commencement, was a 13 doctor for a prison under previous section 209(1)(a) is taken 14 to be appointed as a doctor for the prison under section 15 283(1). 16 17 Note-- 18 There is no longer to be an appointment of a doctor for a corrective 19 services facility that is not a prison. 454 Official visitors 20 (1) A person who, immediately before the commencement, was 21 an official visitor for a corrective services facility under 22 previous section 211 is taken to be appointed as an official 23 visitor under section 285. 24 (2) Section 285(2) does not apply to the person if the person has 25 been appointed as an official visitor for more than 6 years, 26 including any period before the commencement. 27 455 Elders, respected persons and indigenous spiritual 28 healers 29 (1) This section applies to a person who, immediately before the 30 commencement, was an Aboriginal or Torres Strait Islander 31

 


 

s 456 251 s 459 Corrective Services Bill 2006 elder, respected person or indigenous spiritual healer for a 1 corrective services facility under previous section 218. 2 (2) The person is taken to be appointed as an Aboriginal or Torres 3 Strait Islander elder, respected person or indigenous spiritual 4 healer for the facility under section 293. 5 456 Inspectors 6 A person who, immediately before the commencement, was 7 an inspector under previous section 219 is taken to be 8 appointed as an inspector under section 294. 9 457 Inspector's reports 10 (1) This section applies if, before the commencement, inspectors 11 appointed under previous section 219(3) to investigate an 12 incident had not given the chief executive a report as required 13 under previous section 223. 14 (2) The inspectors are taken to have been appointed under section 15 295(1) for the incident. 16 17 Note-- 18 Section 305 provides for the inspectors' report. (3) To remove any doubt, it is declared that section 295(2) does 19 not apply to the appointment. 20 458 Volunteers 21 A person who immediately before the commencement was a 22 volunteer under previous section 224 is taken to be authorised 23 as a volunteer under section 306. 24 459 Prisoner in proper officer of the court's custody 25 (1) A person who, under previous section 231, was in the custody 26 of the proper officer of a court immediately before the 27 commencement continues in the custody of the proper officer 28 of the court under section 307(2). 29

 


 

s 460 252 s 463 Corrective Services Bill 2006 (2) Subsection (1) does not prevent the application of a provision 1 of this Act providing for when a person is in another person's 2 custody. 3 Division 4 Property 4 460 Prisoners trust fund 5 (1) The prisoners trust fund kept under previous section 233 is 6 continued in existence as the prisoners trust fund (the new 7 fund) required to be kept by the chief executive under section 8 311(1). 9 (2) An amount in the prisoners trust fund to the credit of a 10 prisoner immediately before the commencement is the 11 amount in the prisoner's account in the new fund. 12 (3) If the chief executive was authorised under previous section 13 236 to deduct an amount from a prisoner's account but had not 14 deducted the amount before the commencement, the 15 deduction may be made under section 314. 16 461 Trust account records 17 The records kept under previous section 234 and in existence 18 immediately before the commencement are taken to be part of 19 the records required to be kept under section 312. 20 462 Investment of prisoners trust fund 21 Section 315(2) applies in relation to any investment made 22 under previous section 237(1) if the investment matures after 23 the commencement. 24 463 Remuneration of prisoners 25 (1) An approval of an activity or program under previous section 26 238 and in force immediately before the commencement-- 27 (a) continues in force according to its terms; and 28 (b) is taken to have been given under section 316. 29

 


 

s 464 253 s 466 Corrective Services Bill 2006 (2) The rates set by the chief executive under previous section 238 1 and in force immediately before the commencement-- 2 (a) continue in force according to the terms of setting the 3 rates; and 4 (b) are taken to have been set under section 316. 5 Division 5 Compensation 6 464 Compensation for loss or damage to property 7 (1) This section applies if, immediately before the 8 commencement, a person was entitled to apply under previous 9 section 241(2) for compensation for loss or damage 10 mentioned in the section. 11 (2) The person may apply for the compensation under previous 12 section 241(2) as if this Act had not been enacted. 13 Division 6 Information 14 465 Concerned persons 15 (1) The register of concerned persons established under previous 16 section 242 and in existence immediately before the 17 commencement is taken to be part of the eligible persons 18 register. 19 (2) An application under previous section 242(2) that has neither 20 been granted nor refused before the commencement is taken 21 to be an application under section 320(2). 22 (3) A notice under previous section 242(3) is taken to be the 23 nomination of an entity under section 320(4). 24 466 Commissioner to provide criminal history 25 (1) This section applies if, before the commencement-- 26 (a) the chief executive asked the commissioner for a report 27 about the criminal history of a person under previous 28 section 244 (the previous request); and 29

 


 

s 467 254 s 468 Corrective Services Bill 2006 (b) the commissioner had not given the report. 1 (2) The previous request is taken to be a request under-- 2 (a) for a previous request about an offender mentioned in 3 previous section 244(1)(a)--section 342(1); or 4 (b) otherwise--section 334(2). 5 467 Traffic history 6 (1) This section applies if, before the commencement-- 7 (a) the chief executive asked the transport chief executive 8 for a report about an offender's traffic history under 9 previous section 244A (the previous request); and 10 (b) the transport chief executive had not given the report. 11 (2) The previous request is taken to be a request under section 12 343. 13 Division 7 Legal provisions 14 468 Proceedings 15 (1) A proceeding started before the commencement under a 16 provision of any of the repealed Acts, and pending at the 17 commencement, may be continued as if this Act had not been 18 enacted. 19 (2) In this section-- 20 proceeding means a proceeding-- 21 (a) under the Judicial Review Act 1991 in relation to a 22 decision made under any of the repealed Acts; or 23 (b) for an offence against a provision of any of the repealed 24 Acts. 25

 


 

s 469 255 s 469 Corrective Services Bill 2006 Part 7 Other transitional provisions 1 469 References in Acts or documents 2 In an Act or document, if the context permits-- 3 (a) a reference to the Corrective Services Act 2000 is taken 4 to be a reference to this Act; and 5 6 Example of document for paragraph (a)-- 7 an industrial instrument within the meaning of the Industrial 8 Relations Act 1999 (b) a reference to the Corrective Services Regulation 2001 9 is taken to be a reference to a regulation made under this 10 Act; and 11 (c) a reference to a WORC site or WCC site is taken to be a 12 reference to a work camp; and 13 (d) a reference to the person in charge of a corrective 14 services facility, or a particular type of corrective 15 services facility, within the meaning of the 2000 Act is 16 taken to be a reference to the chief executive; and 17 (e) a reference to a special treatment order or crisis support 18 order is taken to be a reference to a safety order; and 19 (f) a reference to a community work order is taken to be a 20 reference to a work order; and 21 (g) a reference to a post-prison community based release 22 order is taken to be a reference to a parole order; and 23 (h) a reference to post-prison community based release is 24 taken to be a reference to parole; and 25 (i) a reference to the Queensland Community Corrections 26 Board is taken to be a reference to the Queensland 27 Parole Board; and 28 (j) a reference to a regional community corrections board is 29 taken to be a reference to-- 30 (i) generally, a regional parole board; or 31 (ii) if the reference is to the North Queensland 32 Regional Community Corrections Board, the 33 Townsville Regional Community Corrections 34

 


 

s 470 256 s 470 Corrective Services Bill 2006 Board or the Central Queensland Regional 1 Community Corrections Board--the Central and 2 Northern Queensland Regional Parole Board; or 3 (iii) if the reference is to the Brisbane Regional 4 Community Corrections Board, the South 5 Queensland Regional Community Corrections 6 Board or the West Moreton Regional Community 7 Corrections Board--the Southern Queensland 8 Regional Parole Board. 9 470 Authorities and actions 10 (1) This section applies to an authority made, or an action taken, 11 under a previous provision, if the authority was in force or the 12 action continued to have effect immediately before the 13 commencement. 14 (2) If there is a corresponding provision of this Act for the 15 previous provision, the authority or action-- 16 (a) continues in force, or continues to have effect, according 17 to its terms; and 18 (b) is taken to have been made or taken under the 19 corresponding provision of this Act. 20 (3) This section is subject to a specific provision of this chapter in 21 relation to the authority or action. 22 (4) In this section-- 23 authority means an approval, authorisation, certificate, 24 classification, decision, declaration, determination, direction, 25 guideline, instrument, order, parole order, permit, policy, 26 procedure, recommendation, transfer instrument or other 27 authority. 28 corresponding provision of this Act, for an authority or 29 action, includes a provision of this Act that provides for the 30 authority to be made, or action to be taken, by the chief 31 executive even if the person who made the authority or took 32 the action under the previous provision was not the chief 33 executive. 34 made includes given and issued. 35

 


 

s 471 257 s 472 Corrective Services Bill 2006 order includes an order given orally or in writing, but does not 1 include a parole order. 2 previous provision, for an authority made or action taken, 3 means a provision of 1 of the repealed Acts under which the 4 authority may be made or action taken. 5 471 Corrective Services Rules 6 (1) To remove any doubt, it declared that, to the extent the 7 corrective services rules were in force immediately before the 8 expiry of the 2000 Act, section 272, the corrective services 9 rules expired on the expiry of that section. 10 11 Note-- 12 The 2000 Act, section 272 expired on 1 July 2002. (2) In this section-- 13 corrective services rules means the corrective services rules-- 14 (a) made under the Corrective Services (Administration) 15 Act 1988; and 16 (b) under the 2000 Act, section 272, continued in force as 17 regulations under the 2000 Act. 18 472 Previous expectations of prisoner 19 (1) This section applies to a prisoner sentenced for an offence 20 committed before the commencement, whether or not the 21 prisoner was sentenced for the offence after the 22 commencement. 23 (2) From the commencement, this chapter and chapters 2 and 5 24 are the only provisions dealing with the previous expectations 25 of the prisoner. 26 (3) If, before the commencement, the prisoner had a previous 27 expectation, it is extinguished to the extent it is not provided 28 for under subsection (2). 29 (4) Subsections (2) and (3) apply in relation to an application 30 made by the prisoner and dealt with after the commencement 31 even if the application was made before the commencement. 32

 


 

s 472 258 s 472 Corrective Services Bill 2006 (5) This section has no effect in relation to a proceeding 1 mentioned in section 468. 2 (6) However, this section prevails to the extent it is inconsistent 3 with-- 4 (a) section 470; or 5 (b) the Acts Interpretation Act 1954, sections 20 and 6 20C(3), the Criminal Code, section 11(2), the Penalties 7 and Sentences Act 1992, section 180 or any other law of 8 similar effect. 9 10 Note-- 11 The Acts Interpretation Act 1954, section 20 deals with the 12 saving of the operation of a repealed Act etc, and section 20C of 13 that Act deals with the creation of offences and changes in 14 penalties. 15 The Criminal Code, section 11(2) deals with the effect of 16 changes in a law. 17 The Penalties and Sentences Act 1992, section 180 deals with 18 the effect of alterations in sentences. (7) In this section-- 19 previous expectation, for a prisoner, means any expectation 20 the prisoner may have had in relation to a matter under the 21 2000 Act, including, for example, any of the following-- 22 (a) an expectation to have a review of a classification as 23 mentioned in previous section 12(4); 24 (b) an expectation to be transferred under previous section 25 53(1); 26 (c) an expectation to be granted approval as mentioned in 27 previous section 56(2); 28 (d) an expectation to be eligible to participate in a WORC 29 program or WCC program as mentioned in previous 30 section 57; 31 (e) an expectation to be granted leave of absence under 32 previous chapter 2, part 2, division 9; 33 (f) an expectation to be granted remission under previous 34 section 75; 35 (g) an expectation to be granted conditional release under 36 previous section 76; 37

 


 

s 473 259 s 473 Corrective Services Bill 2006 (h) an expectation to be discharged or released on a 1 particular day, as mentioned in previous section 82 or 2 83. 3 473 All release to be dealt with under this Act 4 (1) This section applies to a prisoner sentenced for an offence 5 committed before the commencement, whether or not the 6 prisoner was sentenced for the offence after the 7 commencement. 8 (2) From the commencement-- 9 (a) this chapter and chapters 2 and 5 are the only provisions 10 under which the prisoner may be released before the end 11 of the period of imprisonment to which the prisoner has 12 been sentenced; and 13 (b) the only requirements for the granting of the release are 14 the requirements that apply under this Act. 15 (3) If, before the commencement, the prisoner had any 16 expectation to be able, after the commencement, to be 17 released before, or to be considered for a release taking effect 18 before, the end of the period of imprisonment to which the 19 prisoner has been sentenced, the expectation is extinguished 20 to the extent that the release is not provided for under 21 subsection (2). 22 (4) Subsections (2) and (3) apply in relation to an application 23 made by the prisoner and dealt with after the commencement 24 even if the application was made before the commencement. 25 (5) If a form of release for which the prisoner made an application 26 before the commencement corresponds to a form of release 27 that, after the commencement, is available under chapter 5, 28 the application must be dealt with, to the greatest practicable 29 extent, as an application for the form of release under chapter 30 5, but this subsection does not authorise release before the 31 prisoner's parole eligibility date. 32 (6) This section has no effect in relation to a proceeding 33 mentioned in section 468. 34 (7) However, this section prevails to the extent it is inconsistent 35 with-- 36

 


 

s 474 260 s 474 Corrective Services Bill 2006 (a) section 470; or 1 (b) the Acts Interpretation Act 1954, sections 20 and 2 20C(3), the Criminal Code, section 11(2), the Penalties 3 and Sentences Act 1992, section 180 or any other law of 4 similar effect. 5 (8) In this section-- 6 expectation includes right, privilege, entitlement and 7 eligibility. 8 Part 8 Declaration and validation 9 provisions 10 474 Declaration and validation about particular warrants 11 issued under Penalties and Sentences Act 1992 12 (1) It is declared that-- 13 (a) a Magistrates Court has and always has had, including 14 before the commencement of this section, power to 15 issue a warrant for a person's detention for the purposes 16 of a relevant Corrective Services Act provision; and 17 (b) a warrant for a person's detention issued or purported to 18 have been issued by a Magistrates Court for a relevant 19 Corrective Services Act provision was sufficient for its 20 purpose. 21 22 Note-- 23 See the definition warrant in schedule 4. (2) In this section-- 24 relevant Corrective Services Act provision means-- 25 (a) the 2000 Act, section 9(1)(a); or 26 (b) a provision of 1 of the other repealed Acts that 27 corresponded to the provision mentioned in paragraph 28 (a). 29

 


 

s 475 261 s 477 Corrective Services Bill 2006 475 Declaration about prisoner for 2000 Act, ch 5, pt 1 1 (1) It is declared that a person, including a person who was the 2 subject of a post-prison community based release order within 3 the meaning of the 2000 Act, was and always was a prisoner 4 for that Act, chapter 5, part 1 (the relevant provisions) during 5 the period starting on 1 October 2003 and ending on the 6 commencement of this section, if, during the period, the 7 person was in the custody of the chief executive of the 8 department in which that Act was administered. 9 (2) To remove any doubt, it is declared that a decision made or 10 purportedly made, or an action taken or purportedly taken, in 11 relation to the person under the relevant provisions is, and 12 always has been, as valid as it would have been if the person 13 were a prisoner for the relevant provisions when the decision 14 was made or the action was taken. 15 Part 9 Saving, transitional and 16 validating provisions for 17 Corrective Services Act 2000 18 476 Purpose of pt 9 19 (1) The purpose of this part is to provide for the continuing effect 20 of particular provisions of the 2000 Act to the extent the 21 provisions have effect immediately before the 22 commencement. 23 (2) However, this part does not limit the application of the Acts 24 Interpretation Act 1954, section 20A to a declaration of a 25 thing for a saving or transitional purpose under the 2000 Act 26 as mentioned in that section for a matter not dealt with in this 27 part. 28 477 Provisions for sch 3 29 (1) The provisions set out in schedule 2 (the continuing 30 provisions) continue to apply in relation to matters before the 31

 


 

s 478 262 s 479 Corrective Services Bill 2006 commencement to which they would have applied under the 1 2000 Act. 2 (2) For subsection (1), the continuing provisions -- 3 (a) are numbered with the section numbers of the 2000 Act; 4 and 5 (b) are to be read in the context of the 2000 Act. 6 7 Examples for paragraph (b)-- 8 1 A reference in a continuing provision to `the 9 commencement of this section' is a reference to when the 10 section commenced as part of the 2000 Act. 11 2 A term used in a continuing provision (for example, `post- 12 prison community based release order') is the term as 13 defined in the 2000 Act. Chapter 8 Repeal and amendment of 14 other Acts 15 Part 1 Repeal 16 478 Repeal 17 The Corrective Services Act 2000 No. 63 is repealed. 18 Part 2 Amendment of other Acts 19 Division 1 Penalties and Sentences Act 1992 20 479 Act amended in div 1 21 This division amends the Penalties and Sentences Act 1992. 22

 


 

s 480 263 s 482 Corrective Services Bill 2006 480 Amendment of s 4 (Definitions) 1 (1) Section 4, definition post-prison community based release-- 2 omit. 3 (2) Section 4-- 4 insert-- 5 `parole means parole under a parole order granted under the 6 Corrective Services Act 2006.'. 7 (3) Section 4, definitions community service, prison and 8 re-integration program, `2000'-- 9 omit, insert-- 10 `2006'. 11 (4) Section 4, definition re-integration program, from `leave'-- 12 omit, insert-- 13 `resettlement leave within the meaning of that Act and 14 parole.'. 15 481 Amendment of s 4A (Meaning of authorised corrective 16 services officer) 17 (1) Section 4A, `2000'-- 18 omit, insert-- 19 `2006'. 20 (2) Section 4A(1)(a)(ii), from `196'-- 21 omit, insert-- 22 `272; and'. 23 482 Amendment of s 15 (Information on sentence) 24 Section 15(1), `2000, section 245,' and footnote-- 25 omit, insert-- 26 `2006, section 344,1'. 27 1 Corrective Services Act 2006, section 344 (Pre-sentence report)

 


 

s 483 264 s 487 Corrective Services Bill 2006 483 Amendment of s 63 (No liability if warrant executed in 1 good faith and without negligence) 2 Section 63, `person in charge of a prison'-- 3 omit, insert-- 4 `chief executive (corrective services)'. 5 484 Amendment of s 113 (Effect of order) 6 Section 113(2)-- 7 omit. 8 485 Omission of s 151 (Application of remission provisions to 9 suspended sentences) 10 Section 151-- 11 omit. 12 486 Replacement of s 151A (Re-integration programs for 13 suspended sentences) 14 Section 151A-- 15 omit, insert-- 16 `151A Conditional release and parole for suspended 17 sentences 18 `An offender whose sentence of imprisonment is suspended is 19 eligible for release on parole, and conditional release within 20 the meaning of the Corrective Services Act 2006, only in 21 relation to imprisonment ordered under section 147(1)(b) or 22 (c).'. 23 487 Amendment of pt 9 (Imprisonment) 24 (1) Part 9, before section 152-- 25 insert-- 26 `Division 1 Liability'. 27 (2) Part 9, before section 154-- 28

 


 

s 488 265 s 489 Corrective Services Bill 2006 insert-- 1 `Division 2 Calculation'. 2 488 Insertion of new s 152A 3 After section 152-- 4 insert-- 5 `152A Proper officer to give chief executive (corrective 6 services) record of order of imprisonment 7 `(1) If a court orders an offender serve all or part of a term of 8 imprisonment, the proper officer of the court must give the 9 chief executive (corrective services) a record of the order 10 committing the offender into custody. 11 `(2) The record must be in the approved form and may deal with 12 each offence for which the offender is convicted. 13 `(3) Despite subsection (2), for a court other than a Magistrates 14 Court, the proper officer of the court complies with subsection 15 (1) if the proper officer gives the chief executive (corrective 16 services) a verdict and judgment record under the Criminal 17 Practice Rules 1999.'. 18 489 Amendment of s 156A (Cumulative order of imprisonment 19 must be made in particular circumstances) 20 (1) Section 156A(1)(b)(ii), after `2000'-- 21 insert-- 22 `or released on parole under the Corrective Services Act 23 2006'. 24 (2) Section 156A(1)(b)(iii), after `2000'-- 25 insert-- 26 `or the Corrective Services Act 2006'. 27

 


 

s 490 266 s 493 Corrective Services Bill 2006 490 Omission of s 157 (Eligibility for post-prison community 1 based release) 2 Section 157-- 3 omit. 4 491 Amendment of s 160 (Term of imprisonment if none 5 prescribed) 6 Section 160-- 7 relocate and renumber in part 9, division 1 as section 153A. 8 492 Amendment of s 161 (Time held in presentence custody 9 to be deducted) 10 Section 161-- 11 renumber as section 159A. 12 493 Insertion of new pt 9, div 3 13 After section 159A, as renumbered-- 14 insert-- 15 `Division 3 Parole 16 `160 Definitions for div 3 17 `In this division-- 18 current parole eligibility date, in relation to the imposition of 19 a term of imprisonment mentioned in section 160A on an 20 offender, means a parole eligibility date-- 21 (a) previously fixed for the offender in relation to another 22 term of imprisonment; and 23 (b) cancelled under section 160E on the imposition of the 24 term of imprisonment. 25 current parole release date, in relation to the imposition of a 26 term of imprisonment mentioned in section 160A on an 27 offender, means a parole release date-- 28

 


 

s 493 267 s 493 Corrective Services Bill 2006 (a) previously fixed for the offender in relation to another 1 term of imprisonment; and 2 (b) cancelled under section 160E on the imposition of the 3 term of imprisonment. 4 parole eligibility date, for an offender, means the date fixed 5 under section 160B(2), 160C(2), (3) or (5), 160D(2) or (3) or 6 213 as the date the offender is eligible for parole. 7 parole release date, for an offender, means the date fixed 8 under section 160B(3) as the date the offender is to be 9 released on parole. 10 period of imprisonment means the period of imprisonment 11 that includes the term of imprisonment mentioned in section 12 160A. 13 sexual offence means a sexual offence within the meaning of 14 the Corrective Services Act 2006. 15 `160A Application of ss 160B-160D 16 `(1) Sections 160B to 160D apply if a court is imposing a term of 17 imprisonment on an offender for an offence. 18 `(2) Sections 160B to 160D are the only law under which a court 19 may, on sentence of an offender for an offence, make an order 20 relating to a person's release on parole. 21 `(3) A court can not, on sentence of an offender for an offence, 22 make a recommendation for a person's release on parole. 23 `(4) This section applies subject to any express provision to the 24 contrary, in an Act, about a particular sentence. 25 26 Example-- 27 Criminal Code, section 305(2) `(5) Also-- 28 (a) a court can not fix a date under sections 160B to 160D 29 that reduces the minimum period of imprisonment an 30 offender must serve under the Corrective Services Act 31 2006, section 181(2) or (3), 182(2)(a) or (b) or 183(2) (a 32 relevant provision); and 33

 


 

s 493 268 s 493 Corrective Services Bill 2006 (b) no date fixed by the court under sections 160B to 160D 1 can reduce the minimum period of imprisonment an 2 offender must serve under a relevant provision. 3 `160B Sentence of 3 years or less and not a serious violent 4 offence or sexual offence 5 `(1) This section applies if neither section 160C nor 160D apply. 6 `(2) If the offender has had a court ordered parole order cancelled 7 under the Corrective Services Act 2006 during the offender's 8 period of imprisonment, the court must fix the date the 9 offender is eligible for parole. 10 `(3) If subsection (2) does not apply, the court must fix a date for 11 the offender to be released on parole. 12 `160C Sentence of more than 3 years and not a serious 13 violent offence or sexual offence 14 `(1) This section applies if section 160D does not apply and the 15 offender's period of imprisonment is more than 3 years. 16 `(2) If the offender had a current parole eligibility date, the court 17 must fix the date the offender is eligible for parole. 18 `(3) If the offender had a current parole release date, the court may 19 fix the date the offender is eligible for parole. 20 `(4) A date fixed under subsection (2) or (3) must not be earlier 21 than the current parole eligibility date or current parole release 22 date mentioned in the subsection for the offender. 23 `(5) If neither subsection (2) nor (3) applies, the court may fix the 24 date the offender is eligible for parole. 25 `160D Sentence for a serious violent offence or sexual 26 offence 27 `(1) This section applies if the offender's period of imprisonment 28 includes a term of imprisonment for a serious violent offence 29 or a sexual offence. 30

 


 

s 493 269 s 493 Corrective Services Bill 2006 `(2) If the offender had a current parole eligibility date or current 1 parole release date, the court must fix the date the offender is 2 eligible for parole. 3 `(3) If subsection (2) does not apply, the court may fix the date the 4 offender is eligible for parole. 5 `160E Automatic cancellation of parole release or eligibility 6 dates 7 `(1) An offender's parole release date is automatically cancelled 8 when-- 9 (a) a court fixes another parole release date or parole 10 eligibility date for the offender under this division; or 11 (b) a court imposes a term of imprisonment on the 12 offender-- 13 (i) for a serious violent offence or a sexual offence; or 14 (ii) that results in the offender's period of 15 imprisonment being more than 3 years. 16 `(2) An offender's parole eligibility date is automatically cancelled 17 when-- 18 (a) a court fixes another parole eligibility date for the 19 offender under this division; or 20 (b) a court imposes a term of imprisonment on the 21 offender-- 22 (i) for a serious violent offence or a sexual offence; or 23 (ii) that results in the offender's period of 24 imprisonment being more than 3 years. 25 26 Example-- 27 O is sentenced to a 5 year term of imprisonment on 1 March 28 2007. The sentencing court fixes O's parole eligibility date at 1 29 October 2009. On 1 April 2010, O, whose application for parole 30 in relation to the first term of imprisonment was unsuccessful, is 31 sentenced to a further term of 2 years imprisonment to be served 32 cumulatively with the first term. O's parole eligibility date of 1 33 October 2009 is cancelled under subparagraph (ii) and, under 34 section 160C(2), the court must again fix a date that O is eligible 35 for parole.

 


 

s 493 270 s 493 Corrective Services Bill 2006 `(3) Subsections (1) and (2) have effect even though the court 1 fixing the relevant date or imposing the further term of 2 imprisonment is a court of lesser jurisdiction than the court 3 that fixed the current parole release date or current parole 4 eligibility date being cancelled under the subsection. 5 `160F Significance of an offender's period of imprisonment 6 `(1) One of the objects of sections 160A to 160E is to ensure that 7 at any 1 time there is only 1 parole release date or parole 8 eligibility date in existence for an offender. 9 `(2) When fixing a date under this division as the date an offender 10 is to be released on parole or is to be eligible for release on 11 parole, the date fixed by the court must be a date relating to 12 the offender's period of imprisonment as opposed to a 13 particular term of imprisonment. 14 `160G Parole release date may be last day of sentence 15 `(1) To remove any doubt, it is declared that the court may fix the 16 last day of an offender's sentence as the offender's parole 17 release date. 18 19 Examples-- 20 1 An offender who has been held in remand for 7 days is found guilty 21 of an offence and sentenced to 7 days imprisonment. The 22 sentencing court may fix the sentencing day as the offender's parole 23 release date. 24 2 An offender is sentenced to 14 days imprisonment for contempt of 25 court. The sentencing court may fix the last day of the sentence as 26 the offender's parole release date. `(2) If subsection (1) applies, the chief executive (corrective 27 services) is not required to issue a court ordered parole order 28 under the Corrective Services Act 2006, section 199. 29 `160H Series of sentences involving terms of imprisonment 30 `(1) This section applies if-- 31 (a) a court is imposing more than 1 term of imprisonment in 32 a series of sentencing orders; and 33

 


 

s 494 271 s 495 Corrective Services Bill 2006 (b) an order (the first order) made by the court in relation to 1 a term of imprisonment under this part would be 2 cancelled in the series of sentencing orders by another 3 order made under this division or by the imposition of 4 another term of imprisonment. 5 `(2) It is not necessary for the court to make the first order but, in 6 making an order under this part that has final effect in relation 7 to the series of sentencing orders, the court may only make an 8 order that it could make if it had made the first order. 9 10 Example-- 11 O has been charged with 3 offences and found guilty of each. The court 12 sentences O to 2 years imprisonment on charge 1, 1 year's imprisonment 13 on charge 2 and 2 years and 6 months imprisonment on charge 3, the 14 terms to be served concurrently. It is not necessary for the court to make 15 an order fixing a parole release date for each of the offences. The court 16 may make a single order fixing a parole release date for the resulting 17 period of imprisonment.'. 494 Omission of s 161D (Sentence for serious violent offence 18 cannot be remitted) 19 Section 161D-- 20 omit. 21 495 Replacement of ss 174 and 175 22 Sections 174 and 175-- 23 omit, insert-- 24 `174 Resettlement leave and parole for offenders 25 `(1) An offender sentenced under section 173(1)(b) may apply 26 under the Corrective Services Act 2006 for approval of a 27 resettlement leave program, or release on parole, within the 28 meaning of that Act. 29 `(2) If the offender is granted the approval or parole, the offender 30 must be under the authority of the Queensland Parole Board 31 and the supervision of an authorised corrective services 32 officer for-- 33 (a) at least 5 years from the start (the start day) of the 34 approved resettlement leave program or parole; or 35

 


 

s 496 272 s 498 Corrective Services Bill 2006 (b) a shorter period decided by the Queensland Parole 1 Board that does not end before the end of the term of 2 imprisonment imposed under section 173(1)(b). 3 `(3) If a term of imprisonment imposed under section 173(1)(b) 4 ends within 5 years after the start day, the term of 5 imprisonment is taken, for the purposes of subsection (2), to 6 extend until the end of-- 7 (a) if a shorter period is decided by the Queensland Parole 8 Board under subsection (2)(b)--the shorter period; or 9 (b) otherwise--the 5 years.'. 10 496 Amendment of s 179 (Hearings--offender to be present) 11 Section 179(2) and (3), from `person' to `detained'-- 12 omit, insert-- 13 `chief executive (corrective services)'. 14 497 Amendment of s 186 (Reduction of imprisonment) 15 Section 186(2)(b) and (3), `person in charge of the prison'-- 16 omit, insert-- 17 `chief executive (corrective services)'. 18 498 Amendment of s 188 (Court may reopen sentencing 19 proceedings) 20 (1) Section 188(1)-- 21 insert-- 22 `(d) failed to fix a date for the offender to be released on 23 parole as required under part 9, division 3;'. 24 (2) Section 188(5)(c)-- 25 renumber as section 188(5)(d). 26 (3) Section 188(5)-- 27 insert-- 28

 


 

s 499 273 s 500 Corrective Services Bill 2006 `(c) for a reopening under subsection (1)(d)--on the 1 application of the chief executive (corrective services); 2 or'. 3 499 Amendment of s 212 (Transitionals for the 2004 4 amendments--approved forms and serious violent 5 offences) 6 Section 212, heading, `Transitionals'-- 7 omit, insert-- 8 `Transitional provisions'. 9 500 Insertion of new ss 213 and 214 10 After section 212-- 11 insert-- 12 `213 Transitional provision for s 157 (Eligibility for 13 post-prison community based release) 14 `(1) The date recommended under former section 157 as the date 15 that an offender be eligible for post-prison community based 16 release is, after the commencement, taken to be the parole 17 eligibility date fixed for the offender under part 9, division 3. 18 `(2) However, if-- 19 (a) there is more than 1 recommendation in force 20 immediately before the commencement; and 21 (b) the recommendations recommend different dates as the 22 date the offender is eligible for post-prison community 23 based release; 24 the date that is latest in time is taken to be the parole eligibility 25 date fixed for the offender under part 9, division 3. 26 27 Example-- 28 Recommendation A was made on 1 August 2005 and recommends that 29 the offender be eligible for post-prison community based release on 1 30 January 2007. 31 Recommendation B was made on 1 March 2005 and recommends that 32 the offender be eligible for post-prison community based release on 1 33 July 2007.

 


 

s 500 274 s 500 Corrective Services Bill 2006 1 The date taken to be the current parole eligibility date fixed for the 2 offender under part 9, division 3 is 1 July 2007. `(3) The date that a period recommended under former section 157 3 as the non-release period for an offender ends is, after the 4 commencement, taken to be a parole eligibility date fixed for 5 the offender under part 9, division 3. 6 `(4) However, if-- 7 (a) there is more than 1 recommendation in force 8 immediately before the commencement; and 9 (b) the recommendations recommend different non-release 10 periods for the offender; 11 the date of the last non-release period to end is taken to be the 12 parole eligibility date fixed for the offender under part 9, 13 division 3. 14 15 Example-- 16 Recommendation A was made on 1 August 2005 and recommends that 17 the offender's non-parole period ends on 1 January 2007. 18 Recommendation B was made on 1 March 2005 and recommends that 19 the offender's non-parole period ends on 1 July 2007. 20 The date taken to be the current parole eligibility date fixed for the 21 offender under part 9, division 3 is 1 July 2007. `(5) In this section-- 22 commencement means the commencement of this section. 23 former section 157 means section 157 as in force before the 24 commencement. 25 recommendation means a recommendation made by a court 26 under former section 157 before the commencement that is in 27 force. 28 `214 Transitional provision for pt 9, div 3 29 `Part 9, division 3 applies in relation to an offence for which a 30 court imposes a term of imprisonment after the 31 commencement of this section whether the offence or the 32 finding of guilt for the offence happened before or after the 33 commencement.'. 34

 


 

s 501 275 s 503 Corrective Services Bill 2006 501 Amendment of schedule (Serious violent offences) 1 (1) Schedule, authorising section, after `sections'-- 2 insert-- 3 `156A(1)(a),'. 4 (2) Schedule, entry for Corrective Services Act 2000-- 5 omit, insert-- 6 `Corrective Services Act 2006 7 1 Section 122(2) 8 2 Section 124(a) 9 Corrective Services Act 2000 (Provisions repealed by 10 Corrective Services Act 2006) 11 1 Section 92(2) 12 2 Section 94(a)'. 13 Division 2 Police Powers and Responsibilities 14 Act 2000 15 502 Act amended in div 2 16 This division amends the Police Powers and Responsibilities 17 Act 2000. 18 503 Amendment of s 28 (Prescribed circumstances for 19 searching persons without warrant) 20 Section 28(f)(ii)-- 21 omit, insert-- 22

 


 

s 504 276 s 506 Corrective Services Bill 2006 `(ii) an offence against the Corrective Services Act 1 2006, section 128, 129 or 132,2 or the repealed 2 Corrective Services Act 2000, section 96, 97 or 3 100; or'. 4 504 Amendment of s 29 (Searching vehicles without warrant) 5 Section 29(2)(b), `2000'-- 6 omit, insert-- 7 `2006'. 8 505 Amendment of s 30 (Prescribed circumstances for 9 searching vehicle without warrant) 10 Section 30(g), second dot point-- 11 omit, insert-- 12 `· the Corrective Services Act 2006, section 128, 129 13 or 132'. 14 506 Amendment of s 198 (Arrest without warrant) 15 Section 198(1)(l)-- 16 omit, insert-- 17 `(l) because the offence is-- 18 (i) an offence against the Corrective Services Act 19 2006, section 135(4);3 or 20 (ii) an offence to which the Corrective Services Act 21 2006, section 1364 applies.'. 22 2 Corrective Services Act 2006, section 128 (Taking prohibited thing into corrective services facility or giving prohibited thing to prisoner), 129 (Removing things from corrective services facility) or 132 (Interviewing and photographing prisoner etc.) 3 Corrective Services Act 2006, section 135 (Person near prisoner) 4 Corrective Services Act 2006, section136 (Temporary detention for security offence)

 


 

s 507 277 s 511 Corrective Services Bill 2006 507 Amendment of s 224 (Duty of police officer after arrest 1 etc. of person) 2 Section 224(3)(a), `2000'-- 3 omit, insert-- 4 `2006'. 5 508 Amendment of s 230 (Application for removal of person 6 from lawful custody) 7 Section 230(1), `2000'-- 8 omit, insert-- 9 `2006'. 10 509 Amendment of s 233 (What removal order must state) 11 Section 233(b), `person in charge of the prison or'-- 12 omit, insert-- 13 `chief executive (corrective services) or, if the relevant person 14 is in custody in a detention centre, the person in charge of 15 the'. 16 510 Amendment of s 315 (Taking DNA sample from 17 transferred prisoner) 18 (1) Section 315(2), `person in charge of the facility'-- 19 omit, insert-- 20 `chief executive (corrective services)'. 21 (2) Section 315(3), `2000'-- 22 omit, insert-- 23 `2006'. 24 511 Insertion of new s 448A 25 After section 448-- 26 insert-- 27

 


 

s 512 278 s 513 Corrective Services Bill 2006 `448A Helping during declaration of emergency under 1 Corrective Services Act 2006 2 `(1) This section applies if a police officer is authorised by the 3 chief executive (corrective services) to perform a function or 4 exercise a power of a corrective services officer under the 5 Corrective Services Act 2006 while a corrective services 6 emergency declaration is in force. 7 `(2) It is the duty of the police officer to perform the function or 8 exercise the power while the corrective services emergency 9 declaration is in force. 10 `(3) The police officer must perform the function or exercise the 11 power under the direction of the senior police officer present 12 at the prison for which the corrective services emergency 13 declaration is in force. 14 `(4) In this section-- 15 corrective services emergency declaration means a 16 declaration made under the Corrective Services Act 2006, 17 section 268.'. 18 512 Amendment of sch 1 (Acts not affected by this Act) 19 Schedule 1, `Corrective Services Act 2000'-- 20 omit, insert-- 21 `Corrective Services Act 2006'. 22 513 Amendment of sch 4 (Dictionary) 23 (1) Schedule 4, definition post-prison community based release 24 order-- 25 omit. 26 (2) Schedule 4, definitions corrective services facility, prison and 27 prisoner, `2000, schedule 3'-- 28 omit, insert-- 29 `2006, schedule 4'. 30

 


 

s 514 279 s 514 Corrective Services Bill 2006 Division 3 Minor and consequential 1 amendments of other Acts 2 514 Acts amended in sch 3 3 Schedule 3 amends the Acts mentioned in it. 4

 


 

280 Corrective Services Bill 2006 Schedule 1 Sexual offences 1 schedule 4, definition sexual offence 2 Classification of Computer Games and Images Act 3 1995 4 section 23 (Demonstration of an objectionable computer game 5 before a minor) 6 section 26(3) (Possession of objectionable computer game) 7 section 27(3) (Making objectionable computer game) 8 section 27(4) (Making objectionable computer game) 9 section 28 (Obtaining minor for objectionable computer game) 10 Classification of Films Act 1991 11 section 41(3) (Possession of objectionable film) 12 section 42(3) (Making objectionable film) 13 section 42(4) (Making objectionable film) 14 section 43 (Procurement of minor for objectionable film) 15 Classification of Publications Act 1991 16 section 12 (Sale etc. of prohibited publication or child abuse 17 photograph) 18 section 13 (Possession of prohibited publication) 19

 


 

281 Corrective Services Bill 2006 Schedule 1 (continued) section 14 (Possession of child abuse publication or child abuse 1 photograph) 2 section 15 (Exhibition or display of prohibited publication or child 3 abuse photograph) 4 section 16 (Leaving prohibited publication or child abuse 5 photograph in or on public place) 6 section 17 (Producing prohibited publication) 7 section 18 (Procurement of minor for RC publication or child 8 abuse photograph) 9 section 20 (Leaving prohibited publication or child abuse 10 photograph in or on private premises) 11 Crimes Act 1914 (Cwlth) 12 section 50BA (Sexual intercourse with child under 16) 13 section 50BB (Inducing child under 16 to engage in sexual 14 intercourse) 15 section 50BC (Sexual conduct involving child under 16) 16 section 50BD (Inducing child under 16 to be involved in sexual 17 conduct) 18 section 50DA (Benefiting from offence against this Part) 19 section 50DB (Encouraging offence against this Part) 20 Criminal Code 21 section 208 (Unlawful sodomy) 22 section 209 (Attempted sodomy) 23

 


 

282 Corrective Services Bill 2006 Schedule 1 (continued) section 210 (Indecent treatment of children under 16) 1 section 211 (Bestiality) 2 section 213 (Owner etc. permitting abuse of children on premises) 3 section 215 (Carnal knowledge with or of children under 16) 4 section 216 (Abuse of intellectually impaired persons) 5 section 217 (Procuring young person etc. for carnal knowledge) 6 section 218 (Procuring sexual acts by coercion etc.) 7 section 218A (Using internet etc. to procure children under 16) 8 section 219 (Taking child for immoral purposes) 9 section 221 (Conspiracy to defile) 10 section 222 (Incest) 11 section 228 (Obscene publications and exhibitions) 12 section 228A (Involving child in making child exploitation 13 material) 14 section 228B (Making child exploitation material) 15 section 228C (Distributing child exploitation material) 16 section 228D (Possessing child exploitation material) 17 section 229B (Maintaining a sexual relationship with a child) 18 section 229L (Permitting young person etc. to be at place used for 19 prostitution) 20 section 349 (Rape) 21 section 350 (Attempt to commit rape) 22 section 351 (Assault with intent to commit rape) 23 section 352 (Sexual assaults) 24

 


 

283 Corrective Services Bill 2006 Schedule 1 (continued) Criminal Code provisions repealed by Criminal Law 1 Amendment Act 1997 2 section 208 (Unlawful anal intercourse) 3 section 221 (Conspiracy to defile) 4 section 222 (Incest by man) 5 Criminal Code (Cwlth) 6 section 270.6 (Sexual servitude offences) 7 section 270.7 (Deceptive recruiting for sexual services) 8 Customs Act 1901 (Cwlth) 9 section 233BAB (Special offence relating to tier 2 goods) 10

 


 

284 Corrective Services Bill 2006 Schedule 2 Continuing provisions of 1 Corrective Services Act 2000 2 section 477 3 268A All release to be dealt with under this Act 4 (1) This section applies to a prisoner sentenced for an offence 5 committed before 1 July 2001, whether or not the prisoner 6 was sentenced for the offence before 1 July 2001. 7 (2) On and from 1 July 2001-- 8 (a) chapters 2 and 5 are the only provisions under which the 9 prisoner may be released before the end of the period of 10 imprisonment to which the prisoner was sentenced; and 11 (b) the only requirements for the granting of the release are 12 the requirements that apply under this Act. 13 (3) If, before 1 July 2001, the prisoner had any expectation to be 14 able, after 1 July 2001, to be released before, or to be 15 considered for a release taking effect before, the end of the 16 period of imprisonment to which the prisoner was sentenced, 17 the expectation is extinguished to the extent that the release is 18 not provided for under subsection (2). 19 20 Examples of operation of subsections (2) and (3)-- 21 1 Suppose before 1 July 2001 a prisoner had an expectation to be 22 released on home detention on 1 August 2001 under section 86 of 23 the repealed Corrective Services Act 1988. However, by applying 24 subsection (2), the prisoner could only expect to be released under 25 chapter 55 on 1 December 2001, having regard to the requirements 26 of section 135(2).6 Subsection (3) extinguishes the prisoner's 27 expectation to be released on 1 August 2001 without affecting any 28 expectation the prisoner may have to be released on 1 December 29 2001 under chapter 5. 30 2 Suppose before 1 July 2001 a prisoner had an expectation to be 31 considered for release on home detention under section 86 of the 32 repealed Corrective Services Act 1988, the release to take effect on 33 1 August 2001. However, by applying subsection (2), the prisoner 5 Chapter 5 (Post-prison community based release) 6 Section 135 (When order starts)

 


 

285 Corrective Services Bill 2006 Schedule 2 (continued) 1 could only expect to be considered for release under chapter 5, 2 with, having regard to the requirements of section 135(2), the 3 release to take effect on 1 December 2001. Subsection (3) 4 extinguishes the prisoner's expectation to be considered for release 5 to take effect on 1 August 2001 without affecting any expectation 6 the prisoner may have to be considered for release under chapter 5, 7 with the release to take effect on 1 December 2001. (4) Subsections (2) and (3) apply in relation to an application 8 made by the prisoner and dealt with on or after 1 July 2001 9 even if the application was made before 1 July 2001. 10 (5) If a form of release for which the prisoner made an application 11 before 1 July 2001 corresponds to a form of release that, after 12 1 July 2001, is available under chapter 5, the application must 13 be dealt with, to the greatest practicable extent, as an 14 application for the form of release under chapter 5, but this 15 subsection does not authorise release before a date prescribed 16 by section 135. 17 (6) This section prevails to the extent it is inconsistent with 18 section 268 or 273. 19 (7) In this section-- 20 expectation includes right, privilege, entitlement and 21 eligibility. 22 268B Further provisions about transitional release 23 circumstances 24 (1) Section 268A has no effect in relation to-- 25 (a) a post-prison community based release order granted on 26 or after 1 July 2001 but before 30 October 2001 on the 27 basis of an application made before 1 July 2001 for a 28 form of release that corresponds to a form of release 29 available under chapter 5; or 30 (b) a decision made by a court before 30 October 2001 31 upholding, in action brought by a particular prisoner, 32 that prisoner's expectation to be released, or to be 33 considered for release; or 34 (c) the terms of a release instrument made before 1 July 35 2001, or any decision relating to the making of the 36

 


 

286 Corrective Services Bill 2006 Schedule 2 (continued) release instrument, giving a prisoner an expectation to 1 be further released after, or to be considered for a further 2 release taking effect after, 1 July 2001. 3 4 Example for subsection (1)(c)-- 5 Suppose on 1 June 2001 a prisoner was released on leave of 6 absence to engage in employment (commonly known as `leave 7 of absence (release to work)'). The terms of the release 8 instrument included a statement that the prisoner would be 9 considered for release on home detention after the prisoner had 10 successfully completed 3 months release to work. Section 268A 11 has no effect on the statement's operation. (2) For giving effect to terms mentioned in subsection (1)(c), a 12 prisoner may be released at any time the prisoner may have 13 been released under the terms if the repealed Corrective 14 Services Act 1988 had not been repealed. 15 (3) Subject to subsections (1) and (2) and without limiting section 16 268A, any requirement that may have existed after the repeal 17 of the repealed Corrective Services Act 1988 and before the 18 commencement of this section that a person be dealt with in a 19 way inconsistent with section 135(2) is extinguished. 20 (4) Section 268A and subsection (3) prevail to the extent they are 21 inconsistent with the Acts Interpretation Act 1954, sections 20 22 and 20C(3),7 the Criminal Code, section 11(2),8 the Penalties 23 and Sentences Act 1992, section 180(1)9 or any other law of 24 similar effect. 25 (5) In this section-- 26 expectation includes right, privilege, entitlement and 27 eligibility. 28 release instrument means an instrument under which a 29 prisoner was released. 30 7 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act etc.) and 20C (Creation of offences and changes in penalties) 8 Criminal Code, section 11 (Effect of changes in law) 9 Penalties and Sentences Act 1992, section 180 (Effect of alterations in sentences)

 


 

287 Corrective Services Bill 2006 Schedule 2 (continued) 268C Counting time if parole cancelled before 1 July 2001 1 (1) This section applies if, before 1 July 2001-- 2 (a) a person was sentenced to imprisonment and 3 subsequently was released on parole as provided for 4 under a previous Act; and 5 (b) the person's parole was cancelled as provided for under 6 a previous Act, whether by order or otherwise. 7 (2) It is declared that no part of the time, including any time on or 8 after 1 July 2001, between the person's release on parole and 9 the person recommencing to serve the unexpired portion of 10 the person's period of imprisonment is to be regarded as time 11 served in respect of that period of imprisonment (other than 12 any period during which the person was kept in custody 13 consequent upon the person's parole being suspended under a 14 previous Act). 15 (3) For subsection (2), the following are irrelevant-- 16 (a) whether any relevant warrant is or was issued or 17 executed in relation to the person before, on or after 1 18 July 2001; 19 (b) whether any relevant warrant is or was executed in 20 Queensland or elsewhere; 21 (c) whether particular provisions of this Act were applied to 22 the person for a particular matter, including, for 23 example, giving an information notice under section 24 150. 25 (4) Further, it is declared that subsection (2) is, and has always 26 been, the law about the matters it deals with, and that law was 27 unaffected by the enactment of sections 152(2), 268 and 28 268A. 29 (5) In this section-- 30 previous Act means-- 31 (a) the Corrective Services Act 1988; or 32 (b) the Offenders Probation and Parole Act 1980; or 33 (c) the Offenders Probation and Parole Act 1959. 34

 


 

288 Corrective Services Bill 2006 Schedule 2 (continued) 274E Classified patient taken to be prisoner 1 A person is taken to have been a prisoner for chapter 5, part 2 110 if, during the period starting on 28 February 2002 and 3 ending on the commencement of this section, the person 4 was-- 5 (a) a classified patient being detained in an authorised 6 mental health service under the Mental Health Act 2000; 7 and 8 (b) serving a period of imprisonment. 9 10 Chapter 5 (Post-prison community based release), part 1 (Orders)

 


 

289 Corrective Services Bill 2006 Schedule 3 Minor and consequential 1 amendments of other Acts 2 section 514 3 Acquisition of Land Act 1967 4 1 Schedule, paragraph (a), `2000'-- 5 omit, insert-- 6 `2006'. 7 Acts Interpretation Act 1954 8 1 Section 36, definition chief executive (corrective 9 services), `2000'-- 10 omit insert-- 11 `2006'. 12 Bail Act 1980 13 1 Section 20(5), from `person' to `1992'-- 14 omit, insert-- 15 `chief executive (corrective services) or his or her delegate, or 16 officer of the department in which the Juvenile Justice Act 1992 is 17 administered'. 18 2 Section 20(6)(c)(i)-- 19 omit, insert-- 20

 


 

290 Corrective Services Bill 2006 Schedule 3 (continued) `(i) is in prison, the chief executive (corrective 1 services) or his or her delegate; or'. 2 3 Section 21(6), from `person in charge' to `detained'-- 3 omit, insert-- 4 `chief executive (corrective services)'. 5 4 Section 22(1B), `person in charge of the prison'-- 6 omit, insert-- 7 `chief executive (corrective services)'. 8 5 Section 22(2)(a), `person in charge of the prison in which 9 the defendant is detained'-- 10 omit, insert-- 11 `chief executive (corrective services)'. 12 6 Section 22(2)(b), from `advise the'-- 13 omit, insert-- 14 `advise the chief executive (corrective services) that this has been 15 done and give the undertaking to the chief executive (corrective 16 services);'. 17 7 Section 23(3), `person in charge of the prison'-- 18 omit, insert-- 19 `chief executive (corrective services)'. 20 8 Section 23(3)(b), `person in charge'-- 21 omit, insert-- 22 `chief executive (corrective services)'. 23

 


 

291 Corrective Services Bill 2006 Schedule 3 (continued) 9 Section 29A(2)(a)(i) and 33B(2), `person in charge of the 1 prison that the person in charge'-- 2 omit, insert-- 3 `chief executive (corrective services) to'. 4 Births, Deaths and Marriages Registration Act 2003 5 1 Section 42(1)-- 6 omit, insert-- 7 `(1) The registrar must correct a register-- 8 (a) on the order of a Queensland court; or 9 (b) on the application of the chief executive (corrective 10 services) under the Corrective Services Act 2006, 11 section 27(4).'. 12 Building Act 1975 13 1 Section 12B(2)(f)(i), `2000'-- 14 omit, insert-- 15 `2006'. 16

 


 

292 Corrective Services Bill 2006 Schedule 3 (continued) Child Protection (Offender Reporting) Act 2004 1 1 Section 5(2)(b)(i)-- 2 omit, insert-- 3 `(i) a term of imprisonment; or'. 4 2 Sections 38 and 41(2)(c), `post-prison community based 5 release'-- 6 omit, insert-- 7 `parole'. 8 3 Section 58(2)(b), `2000'-- 9 omit, insert-- 10 `2006'. 11 4 Schedule 3, definition government detention, paragraph 12 (a)(i), `2000'-- 13 omit, insert-- 14 `2006'. 15 5 Schedule 3, definitions home detention order and 16 post-prison community based release order-- 17 omit. 18 6 Schedule 3, definition prisoner, `post-prison community 19 based release'-- 20 omit, insert-- 21 `parole'. 22

 


 

293 Corrective Services Bill 2006 Schedule 3 (continued) 7 Schedule 3, definition supervision order, paragraph (c), 1 `post-prison community based release'-- 2 omit, insert-- 3 `parole'. 4 8 Schedule 3, definition unescorted leave of absence, 5 paragraph (a), `2000, section 58' and footnote-- 6 omit, insert-- 7 `2006, section 7211'. 8 9 Schedule 3-- 9 insert-- 10 `parole order means-- 11 (a) a parole order under the Corrective Services Act 2006; 12 or 13 (b) any equivalent order made under the laws of a foreign 14 jurisdiction.'. 15 Commission for Children and Young People and Child 16 Guardian Act 2000 17 1 Section 81(5)(c), `1988;' and footnote-- 18 omit, insert-- 19 `2006;'. 20 11 Corrective Services Act 2006, section 72 (Power to grant leave)

 


 

294 Corrective Services Bill 2006 Schedule 3 (continued) Commissions of Inquiry Act 1950 1 1 Section 5B(1)(a)-- 2 omit, insert-- 3 `(a) a prisoner--the chairperson may, by signed notice 4 served on the chief executive (corrective services), 5 direct the chief executive (corrective services) to 6 produce the prisoner at the time and place stated in the 7 direction; or'. 8 2 Section 5B(2), `person in charge'-- 9 omit, insert-- 10 `chief executive (corrective services)'. 11 3 Section 5B(3), definition person in charge-- 12 omit. 13 4 Section 5B(3), definition prisoner, `Corrective Services 14 Act 2000'-- 15 omit, insert-- 16 `the Corrective Services Act 2006'. 17 Coroners Act 2003 18 1 Sections 9(2) and 10(2)(b), `2000'-- 19 omit, insert-- 20 `2006'. 21

 


 

295 Corrective Services Bill 2006 Schedule 3 (continued) 2 Section 10(2)(c), `2000, section 104;' and footnote-- 1 omit, insert-- 2 `2006, section 136;12'. 3 3 Section 47(3), definition relevant Act, paragraph (b)(ii), 4 `2000'-- 5 omit, insert-- 6 `2006'. 7 Criminal Code 8 1 Sections 145A and 305(2), `Corrective Services Act 9 2000'-- 10 omit, insert-- 11 `Corrective Services Act 2006'. 12 2 Section 227C(3), definition supervision order, paragraph 13 (c)-- 14 omit, insert-- 15 `(c) a parole order or a conditional release order under the 16 Corrective Services Act 2006;'. 17 3 Section 340(3), definitions corrective services facility, 18 corrective services officer and prisoner, `Corrective 19 Services Act 2000, schedule 3'-- 20 omit, insert-- 21 `Corrective Services Act 2006, schedule 4'. 22 12 Corrective Services Act 2006, section 136 (Temporary detention for security offence)

 


 

296 Corrective Services Bill 2006 Schedule 3 (continued) 4 Section 669(2), `Corrective Services Act 2000, section 1 9(1)(a).' and footnote-- 2 omit, insert-- 3 `Corrective Services Act 2006, section 9(1)(a).13'. 4 5 Section 671H(3), `persons in charge of corrective 5 services facilities,'-- 6 omit, insert-- 7 `the chief executive (corrective services),'. 8 6 Section 671H(3), `person in charge of a corrective 9 services facility'-- 10 omit, insert-- 11 `chief executive (corrective services)'. 12 7 Section 671H(3), `person in charge has responsibility'-- 13 omit, insert-- 14 `chief executive (corrective services) has responsibility'. 15 Criminal Law Amendment Act 1945 16 1 Section 18(9A), `2000, section 53,' and footnote-- 17 omit, insert-- 18 `2006, section 68,14'. 19 13 Corrective Services Act 2006, section 9 (Authority for admission to corrective services facility) 14 Corrective Services Act 2006, section 68 (Transfer to another corrective services facility or a health institution)

 


 

297 Corrective Services Bill 2006 Schedule 3 (continued) 2 Section 18(14), definition corrective services facility, 1 `Corrective Services Act 2000, schedule 3'-- 2 omit, insert-- 3 `the Corrective Services Act 2006, schedule 4'. 4 3 Section 18A, definition corrective services officer, `2000, 5 section 201'-- 6 omit, insert-- 7 `2006, section 275'. 8 4 Section 18A, definitions post-prison community based 9 release order and Queensland board-- 10 omit. 11 5 Section 18A-- 12 insert-- 13 `parole order see the Corrective Services Act 2006, schedule 14 4. 15 Queensland board see the Corrective Services Act 2006, 16 schedule 4.'. 17 6 Section 18B, heading-- 18 omit, insert-- 19 `Parole orders under Corrective Services Act 2006'. 20 7 Section 18B(1), `2000, chapter 5' and footnote-- 21 omit, insert-- 22 `2006, chapter 515'. 23 15 Corrective Services Act 2006, chapter 5 (Parole)

 


 

298 Corrective Services Bill 2006 Schedule 3 (continued) 8 Section 18B(1)(a), from `apply'-- 1 omit, insert-- 2 `apply;16 and'. 3 9 Section 18B(2), from `2000' to `135(2)(b)'-- 4 omit, insert-- 5 `2006, chapter 5 applies to the detainee as if the period of 15 years 6 mentioned in section 181(2)'. 7 10 Section 18C, `2000'-- 8 omit, insert-- 9 `2006'. 10 11 Section 18D(1), `post-prison community based release'-- 11 omit, insert-- 12 `parole'. 13 12 Section 18E, from `post-prison' to `2000'-- 14 omit, insert-- 15 `parole order unless, in addition to any other matter of which the 16 Queensland board must be satisfied under the Corrective Services 17 Act 2006'. 18 13 Section 18F, `post-prison community based release'-- 19 omit, insert-- 20 `parole'. 21 16 See the Corrective Services Act 2006, section 181 (When prisoner serving period of imprisonment for life is eligible for parole order).

 


 

299 Corrective Services Bill 2006 Schedule 3 (continued) 14 Section 18G, `2000, section 94(j)'-- 1 omit, insert-- 2 `2006, section 124(k)'. 3 Criminal Law (Rehabilitation of Offenders) Act 1986 4 1 Section 9(2), from `Queensland' to `2000'-- 5 omit, insert-- 6 `Queensland Parole Board or a regional parole board constituted 7 under the Corrective Services Act 2006'. 8 2 Section 9A, table, column 1, item 2, `2000'-- 9 omit, insert-- 10 `2006'. 11 Criminal Offence Victims Act 1995 12 1 Section 15(4)(a)-- 13 omit, insert-- 14 `(a) Corrective Services Act 2006, chapter 5, part 1;17'. 15 2 Schedule 3, definition law enforcement officer, `2000'-- 16 omit, insert-- 17 `2006'. 18 17 Corrective Services Act 2006, chapter 5 (Parole), part 1 (Parole orders)

 


 

300 Corrective Services Bill 2006 Schedule 3 (continued) Crown Proceedings Act 1980 1 1 Section 11(2)(d), `2000'-- 2 omit, insert-- 3 `2006'. 4 Dangerous Prisoners (Sexual Offenders) Act 2003 5 1 Section 40(2)-- 6 omit, insert-- 7 `(2) The chief executive (corrective services) must give the 8 registrar written notice that the prisoner is detained in 9 custody.'. 10 2 Section 47(1), from `person' to `custody'-- 11 omit, insert-- 12 `chief executive (corrective services)'. 13 3 Section 47(2), `person in charge'-- 14 omit, insert-- 15 `chief executive (corrective services)'. 16 4 Section 50, `2000'-- 17 omit, insert-- 18 `2006'. 19 5 Section 51-- 20 omit, insert-- 21

 


 

301 Corrective Services Bill 2006 Schedule 3 (continued) `51 Parole 1 A prisoner subject to a continuing detention order or interim 2 detention order is not eligible for parole under the Corrective 3 Services Act 2006, chapter 5.'. 4 6 Schedule, definition corrective services officer, `2000, 5 schedule 3'-- 6 omit, insert-- 7 `2006, schedule 4'. 8 7 Schedule, definitions prisoner and release day, `2000'-- 9 omit, insert-- 10 `2006'. 11 District Court of Queensland Act 1967 12 1 Section 61(2)(a), `2000, section 92' and footnote-- 13 omit, insert-- 14 `2006, section 12218'. 15 Drug Rehabilitation (Court Diversion) Act 2000 16 1 Section 6(3), note-- 17 omit, insert-- 18 18 Corrective Services Act 2006, section 122 (Unlawful assembly, riot and mutiny)

 


 

302 Corrective Services Bill 2006 Schedule 3 (continued) 1 `Note for subsection (3)(a)-- 2 A person released on parole is taken to be still serving the sentence 3 imposed on the person: Corrective Services Act 2006, section 214.'. 2 Section 6(4)(a), `2000, section 153'-- 4 omit, insert-- 5 `2006, section 214'. 6 3 Section 6(4)(b)-- 7 omit, insert-- 8 `(b) a reference in the Corrective Services Act 2006, section 9 214 to parole includes a reference to a release under the 10 relevant law that is similar to parole.'. 11 4 Section 16(2), `2000, section 245' and footnote-- 12 omit, insert-- 13 `2006, section 34419'. 14 5 Sections 16(2) and (4), 35(3), (5) and (6) and 39(1)(a), 15 `corrective services' chief executive'-- 16 omit, insert-- 17 `chief executive (corrective services)'. 18 6 Schedule, definition corrective services' chief 19 executive-- 20 omit. 21 19 Corrective Services Act 2006, section 344 (Pre-sentence report)

 


 

303 Corrective Services Bill 2006 Schedule 3 (continued) 7 Schedule, definition community service, from `corrective' 1 to `2000'-- 2 omit, insert-- 3 `chief executive (corrective services) to be community service for 4 the Corrective Services Act 2006'. 5 8 Schedule, definitions corrective services office, 6 corrective services officer and prison, `2000'-- 7 omit, insert-- 8 `2006'. 9 Drugs Misuse Act 1986 10 1 Section 4, definition correctional institution, `2000'-- 11 omit, insert-- 12 `2006'. 13 Electoral Act 1992 14 1 Section 64(5), `2000'-- 15 omit, insert-- 16 `2006'. 17

 


 

304 Corrective Services Bill 2006 Schedule 3 (continued) Fire and Rescue Service Act 1990 1 1 Section 104B, `2000'-- 2 omit, insert-- 3 `2006'. 4 Freedom of Information Act 1992 5 1 Section 11E(1)(a), `2000'-- 6 omit, insert-- 7 `2006'. 8 2 Section 11E(1)(b), `corrections board'-- 9 omit, insert-- 10 `parole board'. 11 3 Section 11E(2), definition offender, `2000 who'-- 12 omit, insert-- 13 `2006 who'. 14 4 Section 11E(2), definition offender, note-- 15 omit, insert-- 16 17 `Note-- 18 Under the Corrective Services Act 2006, schedule 4, offender means-- 19 (a) a prisoner; or 20 (b) a person who is subject to-- 21 (i) a community based order; or 22 (ii) a conditional release order.'.

 


 

305 Corrective Services Bill 2006 Schedule 3 (continued) 5 Section 11E(2), definition risk assessment document, 1 paragraph (b) and example-- 2 omit, insert-- 3 `(b) a risk to the security or good order of a corrective 4 services facility as defined under the Corrective Services 5 Act 2006. 6 7 Example for paragraph (a)-- 8 a document prepared to help the chief executive make a decision 9 under the Corrective Services Act 2006, section 12(2), 66 or 10 9820'. Industrial Relations Act 1999 11 1 Section 341(6), from `prison' to `2000'-- 12 omit, insert-- 13 `corrective services facility within the meaning of the Corrective 14 Services Act 2006'. 15 Jury Act 1995 16 1 Schedule 3, definition corrective services officer, `2000'-- 17 omit, insert-- 18 `2006'. 19 20 Corrective Services Act 2006, section 12 (Prisoner security classification), 66 (Work order) or 98 (Making order)

 


 

306 Corrective Services Bill 2006 Schedule 3 (continued) Justices Act 1886 1 1 Section 94(1)(e), `person in charge of the facility'-- 2 omit, insert-- 3 `chief executive (corrective services)'. 4 2 Section 97, `person in charge of the prison or place'-- 5 omit, insert-- 6 `chief executive (corrective services) or person in charge of the 7 place'. 8 3 Section 97, `custody of the person in charge'-- 9 omit, insert-- 10 `person's custody'. 11 4 Section 102, from `person in charge', first mention, to 12 `such person'-- 13 omit, insert-- 14 `chief executive (corrective services) to detain the person'. 15 5 Section 102, `person in charge', third and fourth 16 mention-- 17 omit, insert-- 18 `chief executive (corrective services)'. 19 6 Section 221, definition general manager, `2000'-- 20 omit, insert-- 21 `2006'. 22

 


 

307 Corrective Services Bill 2006 Schedule 3 (continued) Juvenile Justice Act 1992 1 1 Sections 138(6), 261 and 270(6) and schedule 4, 2 definitions exceptional circumstances parole order, 3 parole and prison, `2000'-- 4 omit, insert-- 5 `2006'. 6 2 Section 233, heading, `post-prison community based 7 release'-- 8 omit, insert-- 9 `parole'. 10 3 Section 233(1), `Corrective Services Act 2000, chapter 5, 11 part 1,' and footnote-- 12 omit, insert-- 13 `Corrective Services Act 2006, chapter 5, part 121'. 14 Mental Health Act 2000 15 1 Section 543(1)(b) and schedule 2, definition correctional 16 officer, `2000'-- 17 omit, insert-- 18 `2006'. 19 21 Corrective Services Act 2006, chapter 5 (Parole), part 1 (Parole orders)

 


 

308 Corrective Services Bill 2006 Schedule 3 (continued) 2 Schedule 2, definition parole, `2000, chapter 5, part 1,' and 1 footnote-- 2 omit, insert-- 3 `2006, chapter 5, part 1,22'. 4 Ombudsman Act 2001 5 1 Section 20(6), `person in charge of the place of custody 6 or detention'-- 7 omit, insert-- 8 `relevant custodian'. 9 2 Section 20-- 10 insert-- 11 `(7) In this section-- 12 relevant custodian means-- 13 (a) if the person making the complaint is in the custody of 14 the chief executive (corrective services)--the chief 15 executive (corrective services); or 16 (b) otherwise--the person in charge of the place of custody 17 or detention.'. 18 3 Section 29(6), definition chief executive (corrective 19 services)-- 20 omit. 21 22 Corrective Services Act 2006, chapter 5 (Parole), part 1 (Parole orders)

 


 

309 Corrective Services Bill 2006 Schedule 3 (continued) Parliament of Queensland Act 2001 1 1 Section 40(4)(b), `2000, section 6.' and footnote-- 2 omit, insert-- 3 `2006, section 6.23'. 4 2 Section 45, `person in charge of a correctional services 5 facility or'-- 6 omit, insert-- 7 `chief executive (corrective services) or a person in charge of a'. 8 3 Section 64(4)(a), `home detention,'-- 9 omit. 10 4 Schedule, definition corrective services facility, `2000, 11 schedule 3'-- 12 omit, insert-- 13 `2006, schedule 4'. 14 Parole Orders (Transfer) Act 1984 15 1 Sections 3, definition parole order, and 10(2)(c) and (3), 16 `2000'-- 17 omit, insert-- 18 `2006'. 19 23 Corrective Services Act 2006, section 6 (Where a person is to be detained)

 


 

310 Corrective Services Bill 2006 Schedule 3 (continued) 2 Section 3, definitions Queensland Community 1 Corrections Board and regional community corrections 2 board-- 3 omit, insert-- 4 `Queensland Parole Board means the Queensland Parole 5 Board established under the Corrective Services Act 2006. 6 regional parole board means a regional parole board 7 established under the Corrective Services Act 2006.'. 8 3 Sections 5(2), 6(3), 7(1)(d), 9(2)(b) and 10(2)(c), 9 `Queensland Community Corrections Board'-- 10 omit, insert-- 11 `Queensland Parole Board'. 12 4 Section 7(1)(d), `regional community corrections board'-- 13 omit, insert-- 14 `regional parole board'. 15 5 Section 12, `2000.' and footnote-- 16 omit, insert-- 17 `2006.24'. 18 24 For the definition of corrective services officer, see the Corrective Services Act 2006, schedule 4.

 


 

311 Corrective Services Bill 2006 Schedule 3 (continued) Police Service Administration Act 1990 1 1 Schedule, item 10 under heading `Information about 2 police officers, recruits and applicants to become police 3 officers or recruits', `2000'-- 4 omit, insert-- 5 `2006'. 6 Prisoners (Interstate Transfer) Act 1982 7 1 Section 2, definitions gaoler, prison and remission 8 regulations-- 9 omit. 10 2 Section 2-- 11 insert-- 12 `prison means a corrective services facility under the 13 Corrective Services Act 2006.'. 14 3 Section 2, definitions Minister and prison officer, `2000'-- 15 omit, insert-- 16 `2006'. 17 4 Sections 13(1) and 15(2), from `gaoler' to `then 18 imprisoned'-- 19 omit, insert-- 20 `chief executive (corrective services)'. 21

 


 

312 Corrective Services Bill 2006 Schedule 3 (continued) 5 Section 16(a), from `gaoler' to `shall'-- 1 omit, insert-- 2 `chief executive (corrective services) must'. 3 6 Section 16(b), `gaoler'-- 4 omit, insert-- 5 `chief executive (corrective services)'. 6 7 Section 23(1)(a)-- 7 omit, insert-- 8 `(a) must direct the chief executive (corrective services) to 9 deliver the prisoner who is the subject of the order into 10 the custody of an escort; and 11 (aa) is sufficient authority to the chief executive to deliver 12 the prisoner as directed under the order; and'. 13 8 Section 23(1)(b), `gaoler of that prison'-- 14 omit, insert-- 15 `chief executive (corrective services)'. 16 9 Section 23(3), `gaoler'-- 17 omit, insert-- 18 `chief executive (corrective services)'. 19 10 Section 27(6)-- 20 omit, insert-- 21 `(6) A person who is subject to a translated sentence is taken to 22 have served in Queensland the period of the translated 23 sentence that, up to the time of the person's transfer to 24 Queensland, the person had served in respect of that sentence 25 in a participating State, including-- 26

 


 

313 Corrective Services Bill 2006 Schedule 3 (continued) (a) a period taken, under the provision of an interstate law 1 that corresponds to this subsection, to have been served 2 in a participating State; and 3 (b) a period spent in custody while being transferred to a 4 prison in Queensland.'. 5 11 Section 28(1), from `gaoler' to `is imprisoned'-- 6 omit, insert-- 7 `chief executive (corrective services)'. 8 12 Section 28(1)(b), `gaoler'-- 9 omit, insert-- 10 `chief executive (corrective services)'. 11 13 Section 30(1)(a), (b)(ii) and (2), `the gaoler'-- 12 omit, insert-- 13 `the chief executive (corrective services)'. 14 14 Section 30(1)(b), `any gaoler'-- 15 omit, insert-- 16 `the chief executive (corrective services)'. 17 15 Section 30(2), `a gaoler' 18 omit, insert-- 19 `the chief executive (corrective services)'. 20

 


 

314 Corrective Services Bill 2006 Schedule 3 (continued) Public Trustee Act 1978 1 1 Section 6, definition chief executive (corrective 2 services)-- 3 omit. 4 2 Section 92(2)(b), `2000'-- 5 omit, insert-- 6 `2006'. 7 State Buildings Protective Security Act 1983 8 1 Section 18(4)(b), `2000, section 231.' and footnote-- 9 omit, insert-- 10 `2006, section 309.25'. 11 State Penalties Enforcement Act 1999 12 1 Schedule 2, definition community service-- 13 omit, insert-- 14 `community service has the meaning given by the Corrective 15 Services Act 2006, schedule 4.'. 16 25 Corrective Services Act 2006, section 309 (Delegation of powers of proper officer of a court)

 


 

315 Corrective Services Bill 2006 Schedule 3 (continued) 2 Schedule 2, definition corrective services office, `1988'-- 1 omit, insert-- 2 `2006'. 3 Terrorism (Preventative Detention) Act 2005 4 1 Section 46(6) and (15), `2000'-- 5 omit, insert-- 6 `2006'. 7 2 Section 46(11) to (14)-- 8 omit, insert-- 9 `(11) For subsection (10), the chief executive (corrective services) 10 may make a maximum security order for the person under the 11 Corrective Services Act 2006, section 60(1). 12 `(12) For subsection (11), the Corrective Services Act 2006, section 13 60(2) does not apply. 14 `(13) Also, the chief executive (corrective services) may make a 15 safety order for the person under the Corrective Services Act 16 2006, section 53(1). 17 `(14) For subsection (13), the Corrective Services Act 2006, section 18 53(1)(b) does not apply.'. 19 3 Schedule, definition corrective services facility-- 20 omit, insert-- 21 `corrective services facility see the Corrective Services Act 22 2006, schedule 4.'. 23

 


 

316 Corrective Services Bill 2006 Schedule 3 (continued) Tobacco and Other Smoking Products Act 1998 1 1 Section 26R(2)(f), `2000'-- 2 omit, insert-- 3 `2006'. 4

 


 

317 Corrective Services Bill 2006 Schedule 4 Dictionary 1 section 4 2 2000 Act see section 356. 3 access approval, for a visitor, see section 155(1). 4 accredited visitor means-- 5 (a) the Minister; or 6 (b) a member of the Legislative Assembly; or 7 (c) a judicial officer; or 8 (d) a member of a parole board; or 9 (e) the ombudsman; or 10 (f) an inspector, including the chief inspector; or 11 (g) an official visitor. 12 applied discipline procedure see section 406(2). 13 appointed member means-- 14 (a) for the Queensland board--a member of the board 15 appointed under section 218(1)(a) or (b); or 16 (b) for a regional board--a member of the board appointed 17 under section 232(1)(a), (b) or (c). 18 appropriately qualified, for a person appointed to a position 19 or to whom functions or powers are delegated, includes 20 having the qualifications, experience or standing 21 appropriate-- 22 (a) to perform the functions or exercise the powers of the 23 position; or 24 (b) to perform the delegated functions or exercise the 25 delegated powers. 26 27 Example of standing-- 28 a person's classification level in the public service approved, other than for an approved resettlement leave 29 program, means approved by the chief executive. 30

 


 

318 Corrective Services Bill 2006 Schedule 4 (continued) approved form means a form approved under section 354. 1 approved resettlement leave program means a resettlement 2 leave program approved under section 76(1) or 77(1). 3 authorised functions, for an engaged service provider, see 4 section 272(1). 5 authorised mental health service means an authorised mental 6 health service under the Mental Health Act 2000. 7 body search, of a prisoner, means a search of the prisoner's 8 body, including an examination of an orifice or cavity of the 9 prisoner's body. 10 breach of discipline means an act or omission prescribed 11 under section 113(1) as a breach of discipline. 12 charge, for chapter 6, part 13, division 2, see section 327. 13 chief inspector means the person who holds appointment as 14 chief inspector under section 296. 15 child in care means a child-- 16 (a) who is in the custody or guardianship of the child 17 protection chief executive; or 18 (b) who, under an agreement entered into by the child 19 protection chief executive and a parent of the child, has 20 been placed in the care of someone other than a parent 21 of the child. 22 child protection chief executive means the chief executive of 23 the department in which the Child Protection Act 1999 is 24 administered. 25 commencement, for chapter 7, see section 356. 26 commissioner means the commissioner of the police service. 27 community based order means-- 28 (a) a community service order; or 29 (b) a fine option order; or 30 (c) an intensive correction order; or 31 (d) a probation order. 32

 


 

319 Corrective Services Bill 2006 Schedule 4 (continued) community corrections centre means a place declared to be a 1 community corrections centre under section 151(1)(a)(i). 2 community corrective services means services-- 3 (a) for offenders who are not prisoners; or 4 (b) provided at a probation and parole office. 5 community service means an activity declared to be 6 community service under section 270(1). 7 community service leave see section 72(1)(a). 8 community service order means a community service order 9 under the Penalties and Sentences Act 1992. 10 community service supervisor see section 270(2). 11 compassionate leave see section 72(1)(b). 12 conditional release means release under a conditional release 13 order. 14 conditional release order see section 98(1). 15 confidential information see section 341(4). 16 contact visit means a personal visit during which there is 17 direct contact between the prisoner and personal visitor. 18 contemporaneous communication link means a link using 19 technology that allows persons using the link to hear and take 20 part in discussions as they happen. 21 22 Example of technology-- 23 videoconferencing conviction, for the definition criminal history, means a finding 24 of guilt by a court, or the acceptance of a plea of guilty by a 25 court, whether or not a conviction is recorded. 26 corrective services means-- 27 (a) community corrective services; or 28 (b) custodial corrective services. 29 corrective services dog means a dog certified under section 30 279 as a corrective services dog. 31

 


 

320 Corrective Services Bill 2006 Schedule 4 (continued) corrective services facility means-- 1 (a) a prison; or 2 (b) a community corrections centre; or 3 (c) a work camp. 4 corrective services officer means a person who holds 5 appointment as a corrective services officer under section 6 275. 7 corresponding interstate leave permit means a permit, issued 8 under a corresponding law, that corresponds to an interstate 9 leave permit. 10 corresponding law means a law declared under section 96 to 11 be a corresponding law for chapter 2, part 2, division 9. 12 court includes-- 13 (a) a court exercising appellate jurisdiction; and 14 (b) any justice or justices of the peace examining witnesses 15 in relation to an indictable offence. 16 court order includes the order of a tribunal. 17 court ordered parole order means an order issued by the chief 18 executive under section 199 in accordance with a court order 19 under the Penalties and Sentences Act 1992, section 160B(3) 20 fixing the date for the prisoner to be released on parole. 21 criminal history, of a person, means all of the following-- 22 (a) every conviction of the person for an offence, in 23 Queensland or elsewhere, and whether before or after 24 the commencement of this section; 25 (b) every charge made against the person for an offence, in 26 Queensland or elsewhere, and whether before or after 27 the commencement of this section; 28 (c) the court briefs for the offences. 29 custodial corrective services means services for prisoners in a 30 corrective services facility. 31 deciding officer means-- 32

 


 

321 Corrective Services Bill 2006 Schedule 4 (continued) (a) for a minor breach of discipline--a corrective services 1 officer, whether or not the officer is the same officer 2 who decided under section 113 to start proceedings for 3 the breach; or 4 (b) for a major breach of discipline--a corrective services 5 officer who holds a more senior position than the 6 corrective services officer who decided under section 7 113 to start proceedings for the breach. 8 detained means detained in custody. 9 detained dangerous prisoner (sexual offender) means a 10 prisoner subject to a continuing detention order or interim 11 detention order under the Dangerous Prisoners (Sexual 12 Offenders) Act 2003. 13 discharge, for either of the following persons, means 14 unconditionally release the person from lawful custody-- 15 (a) a prisoner; 16 (b) a person mentioned in section 110(1)(a)(ii). 17 discharge day, for either of the following persons, means the 18 day on which the person is eligible to be discharged-- 19 (a) a prisoner; 20 (b) a person mentioned in section 110(1)(a)(ii). 21 educational leave see section 72(1)(c). 22 eligible person, in relation to a prisoner, means a person 23 included on the eligible persons register as an eligible person 24 in relation to the prisoner. 25 eligible persons register means the register kept under section 26 320(1). 27 engaged by the department means each of the following 28 persons-- 29 (a) a public service employee in the department; 30 (b) an honorary officer; 31 (c) an agent; 32

 


 

322 Corrective Services Bill 2006 Schedule 4 (continued) (d) a person working in the department as a volunteer or as 1 a student on work experience. 2 engaged service provider see section 272(1). 3 escape includes being unlawfully at large. 4 exceptional circumstances parole order means a parole order 5 mentioned in section 194(2). 6 existing regional board means a regional community 7 corrections board in existence under the 2000 Act 8 immediately before the commencement of section 437. 9 expectation includes right, privilege, entitlement and 10 eligibility. 11 financial assistance agreement see section 252(1). 12 fine option order means a fine option order under the 13 Penalties and Sentences Act 1992. 14 general clothes means clothes that are not an inner garment or 15 outer garment. 16 general search, of a person, means a search-- 17 (a) to reveal the contents of the person's outer garments, 18 general clothes or hand luggage without touching the 19 person or the luggage; or 20 (b) in which the person may be required to-- 21 (i) open his or her hands or mouth for visual 22 inspection; or 23 (ii) shake his or her hair vigorously. 24 grantee means the grantee of a grant of financial assistance 25 under chapter 6, part 1. 26 grievous bodily harm see the Criminal Code, section 1. 27 health leave see section 72(1)(d). 28 immediate family member, of a person, means the person's 29 spouse, child, step-child, parent, step-parent, brother, sister, 30 stepbrother, stepsister, grandparent or legal guardian. 31 in, a corrective services facility, includes at or on the facility. 32

 


 

323 Corrective Services Bill 2006 Schedule 4 (continued) incident means-- 1 (a) the death (other than by natural causes), or the serious 2 injury, of someone who is-- 3 (i) in a corrective services facility; or 4 (ii) subject to a community based order or parole order 5 and under the direct personal supervision of a 6 corrective services officer; or 7 8 Example-- 9 A prisoner is one of a group of prisoners repairing a hall as 10 part of community service performed under the direct 11 personal supervision of a corrective services officer. If the 12 prisoner cuts off a finger with a power saw, the injury is an 13 incident even though the officer was helping another 14 prisoner at the time of the incident. 15 However, if a prisoner cuts off a finger with a power saw 16 while doing home renovations while on parole, and a 17 corrective services officer is not at the home at the time, 18 the injury is not an incident. (b) an escape or attempted escape from secure custody; or 19 (c) a riot or mutiny involving prisoners while in custody; or 20 (d) another event involving prisoners that the chief 21 executive considers requires being investigated by 22 inspectors. 23 information notice, about a decision of the chief executive, 24 means a written notice that includes the following-- 25 (a) the decision; 26 (b) the chief executive's reasons for the decision; 27 (c) the date the decision has effect. 28 inner garment means a garment worn underneath general 29 clothes, including, for example, underwear. 30 inspector means a person, including the chief inspector, who 31 holds an appointment as an inspector under section 294. 32 intensive correction order means an intensive correction 33 order under the Penalties and Sentences Act 1992. 34

 


 

324 Corrective Services Bill 2006 Schedule 4 (continued) interstate escort see section 94(1). 1 interstate leave permit see section 89(1). 2 interstate prisoner means a person who, under a 3 corresponding law, is a prisoner. 4 law enforcement agency means-- 5 (a) the Crime and Misconduct Commission, a commission 6 of inquiry under the Commissions of Inquiry Act 1950, 7 or the police service; or 8 (b) the Australian Federal Police; or 9 (c) the Australian Crime Commission established under the 10 Australian Crime Commission Act 2002 (Cwlth), section 11 7; or 12 (d) a police force or service of another State; or 13 (e) another entity declared under a regulation to be a law 14 enforcement agency. 15 leave of absence means any of the following-- 16 (a) community service leave; 17 (b) compassionate leave; 18 (c) educational leave; 19 (d) health leave; 20 (e) reintegration leave; 21 (f) resettlement leave. 22 legal visitor, of a prisoner, means a visitor of the prisoner who 23 is-- 24 (a) the prisoner's lawyer; or 25 (b) a person authorised in writing by the prisoner's lawyer 26 to act for the lawyer. 27 lethal force means force that is likely to cause death or 28 grievous bodily harm. 29

 


 

325 Corrective Services Bill 2006 Schedule 4 (continued) mail includes documents received at or sent from a corrective 1 services facility, including, for example, by fax or another 2 apparatus. 3 major breach of discipline means a breach of discipline 4 decided under section 113 to be proceeded with as a major 5 breach of discipline. 6 maximum security order see section 60(1). 7 maximum security unit means a facility for the 8 accommodation of prisoners at a prison that is designed and 9 constructed so that-- 10 (a) prisoners accommodated in the facility are totally 11 separated from all other prisoners at the prison; and 12 (b) some or all of the prisoners accommodated in the 13 facility can be totally separated from all other prisoners 14 accommodated in the facility. 15 medical examination or treatment includes psychiatric 16 examination or treatment. 17 minor breach of discipline means a breach of discipline 18 decided under section 113 to be proceeded with as a minor 19 breach of discipline. 20 most recent parole application see section 196(1). 21 non-contact visit means a personal visit during which there is 22 no direct physical contact between the prisoner and the 23 personal visitor. 24 nurse means a registered nurse under the Nursing Act 1992. 25 offence means an offence against an Act. 26 offender means-- 27 (a) a prisoner; or 28 (b) a person who is subject to-- 29 (i) a community based order; or 30 (ii) a conditional release order. 31

 


 

326 Corrective Services Bill 2006 Schedule 4 (continued) official misconduct has the meaning given by the Crime and 1 Misconduct Act 2001. 2 official visitor means a person who holds an appointment as 3 an official visitor under section 285. 4 ordinary mail means mail other than privileged mail. 5 outer garment means an overcoat, jacket, jumper, hat or other 6 item that can be removed without exposing an inner garment. 7 owner, of a seized thing, includes a person who had lawful 8 possession of the thing immediately before its seizure. 9 parent, of a child, see the Child Protection Act 1999, section 10 11. 11 parole board-- 12 (a) for chapter 5, part 1, division 5, subdivision 2, see 13 section 204; or 14 (b) otherwise, means-- 15 (i) the Queensland board; or 16 (ii) a regional board. 17 parole eligibility date, for a prisoner, means the parole 18 eligibility date applying to the prisoner under chapter 5, part 19 1, division 1, subdivision 2. 20 parole order-- 21 (a) means, generally-- 22 (i) a parole order mentioned in section 194; or 23 (ii) a court ordered parole order; but 24 (b) for-- 25 (i) chapter 5, part 1, division 1, subdivision 2, see 26 section 178; and 27 (ii) chapter 5, part 1, division 2, see section 186. 28 parole period means the period during which a prisoner is 29 released on parole. 30

 


 

327 Corrective Services Bill 2006 Schedule 4 (continued) participating State means a State in which a corresponding 1 law is in force. 2 period of imprisonment see the Penalties and Sentences Act 3 1992, section 4. 4 person, for chapter 3, part 3, see section 125. 5 personal search, of a prisoner, means a search in which light 6 pressure is momentarily applied to the prisoner over his or her 7 general clothes without direct contact being made with-- 8 (a) the prisoner's genital or anal areas; or 9 (b) for a female prisoner--the prisoner's breasts. 10 personal visit means a visit of a prisoner by a personal visitor 11 of the prisoner. 12 personal visitor, of a prisoner, means a visitor of the prisoner 13 who is-- 14 (a) a relative of the prisoner; or 15 (b) a person who the chief executive is satisfied has a 16 personal relationship with the prisoner. 17 positive test sample means a test sample that shows a prisoner 18 has used a substance that is a prohibited thing. 19 prescribed requirement means a requirement prescribed 20 under section 256(1). 21 previous, for chapter 7, see section 356. 22 primary care giver, for a child, means a person-- 23 (a) with whom the child is required to live under a court 24 order, whether or not the person is the child's parent; or 25 (b) who is the sole provider of ongoing daily care for the 26 child. 27 primary school includes a full-time preparatory year of 28 education. 29 prison means a place declared to be a prison under section 30 149(1). 31

 


 

328 Corrective Services Bill 2006 Schedule 4 (continued) prisoner-- 1 1 Prisoner-- 2 (a) means a person who is in the chief executive's 3 custody, including a person who is released on 4 parole; and 5 (b) for chapter 5, part 1, includes a classified patient 6 under the Mental Health Act 2000 who is serving a 7 period of imprisonment. 8 2 However, prisoner does not include a person who is 9 released on parole, or a supervised dangerous prisoner 10 (sexual offender), for the following provisions-- 11 · sections 12 to 24, 28 to 40 and 43 12 · chapter 2, part 2, divisions 4 to 9 13 · chapter 3, parts 1 and 2 14 · chapter 4, parts 2 and 4 15 · chapter 6, parts 5, 6 and 11. 16 3 Also, prisoner does not include a detained dangerous 17 prisoner (sexual offender) for the following 18 provisions-- 19 · section 72(1)(e) or (f) 20 · chapter 2, part 2, division 8, subdivision 2 21 · chapter 2, part 2, division 10 or 11 22 · chapter 5. 23 prisoner facilities means the common areas provided in a 24 corrective services facility for access by prisoners. 25 prisoner information see section 320(1). 26 prisoner of a court or prisoner of the court means a person 27 who is in the custody of a court. 28 prisoner's account means a prisoner's account in the 29 prisoners trust fund. 30 prisoner's agent does not include a lawyer. 31

 


 

329 Corrective Services Bill 2006 Schedule 4 (continued) prisoner's mail means mail sent to, or by, a prisoner. 1 prisoner's property see section 317(1). 2 prisoners trust fund means the trust fund kept under section 3 311. 4 privileged mail means mail sent to, or by, a person who is 5 prescribed under a regulation. 6 privileges means privileges prescribed under a regulation. 7 probation and parole office means an office where an 8 offender subject to a parole order or community based order 9 may be required to report to a corrective services officer. 10 probation order means a probation order under the Penalties 11 and Sentences Act 1992. 12 prohibited thing means something prescribed to be a 13 prohibited thing under section 123(1). 14 proper officer, of a court, means-- 15 (a) for the Supreme Court sitting at Brisbane or the Court of 16 Appeal--the sheriff; or 17 (b) for the Supreme Court sitting somewhere else--the 18 person performing the duties of sheriff at the place 19 where the court is sitting; or 20 (c) for the District Court--the registrar of the court; or 21 (d) for a court constituted by a magistrate or justice of the 22 peace--the clerk of the court at the place where the 23 court is sitting. 24 psychologist means a person whose registration under the 25 Psychologists Registration Act 2001 is in force. 26 public sector entity means an agency, authority, commission, 27 corporation, department, instrumentality, office, or other 28 entity, established under an Act for a public or State purpose, 29 including a government owned corporation. 30 Queensland board means the Queensland Parole Board 31 established under section 216. 32

 


 

330 Corrective Services Bill 2006 Schedule 4 (continued) reasonably believes means believes on grounds that are 1 reasonable in the circumstances. 2 reasonably considers means considers on grounds that are 3 reasonable in the circumstances. 4 reasonably suspects means suspects on grounds that are 5 reasonable in the circumstances. 6 regional board means a regional parole board established 7 under section 230. 8 register, for chapter 6, part 13, means the register mentioned 9 in section 320. 10 reintegration leave see section 72(1)(e). 11 relative, of a prisoner, includes a person who was, 12 immediately before the prisoner was imprisoned, the 13 prisoner's spouse. 14 released means-- 15 (a) released on parole; or 16 (b) released from a corrective services facility subject to the 17 conditions of a conditional release order. 18 released on parole means released from a corrective services 19 facility subject to the conditions of a parole order. 20 relevant person, for chapter 6, part 13, division 2, see section 21 327. 22 religious visitor means a person who visits a prison to provide 23 religious services or instruction for prisoners. 24 repealed Acts means-- 25 (a) the Corrective Services Act 2000; and 26 (b) the Corrective Services Act 1988; and 27 (c) the Corrective Services (Administration) Act 1988. 28 replacement board means-- 29 (a) for the Queensland Community Corrections Board 30 established under the Corrective Services Act 2000--the 31 Queensland board; or 32

 


 

331 Corrective Services Bill 2006 Schedule 4 (continued) (b) for an existing regional board mentioned in section 1 437(1)(a), (b) or (c)--the Central and Northern 2 Queensland Regional Parole Board; or 3 (c) for an existing regional board mentioned in section 4 437(2)(a), (b) or (c)--the Southern Queensland 5 Regional Parole Board. 6 resettlement leave see section 72(1)(f). 7 resettlement leave eligibility date, for a prisoner, see section 8 76(4). 9 safety order see section 53(1). 10 scanning search means a search of a person by electronic or 11 other means that does not require a person to remove his or 12 her general clothes or to be touched by another person. 13 14 Examples of a scanning search-- 15 · using a portable electronic apparatus or another portable apparatus 16 that can be passed over the person 17 · using an electronic apparatus through which the person is required 18 to pass 19 · using a corrective services dog trained to detect the scent of a 20 substance that is a prohibited thing search, a prisoner's mail, means search by-- 21 (a) an electronic scanning device; or 22 (b) a physical search. 23 search requiring the removal of clothing, of a prisoner, 24 means a search in which the prisoner removes all garments 25 during the course of the search, but in which direct contact is 26 not made with the prisoner. 27 secure custody, in relation to a prisoner, means-- 28 (a) a secure facility; or 29 (b) a vehicle being used to transport the prisoner; or 30 (c) a court before which the prisoner is appearing. 31 secure facility means a prison with a perimeter fence that is 32 designed to stop the escape of a prisoner. 33

 


 

332 Corrective Services Bill 2006 Schedule 4 (continued) security classification, for a prisoner, means the classification 1 decided for the prisoner under section 12, 13, 14 or 16. 2 sentence, of a person, for chapter 6, part 13, division 2, means 3 any penalty or imprisonment ordered to be paid or served, or 4 any other order made, by a court after the person is convicted 5 of an offence. 6 sentencing court, for a prisoner, means-- 7 (a) the court that sentenced the prisoner to the term of 8 imprisonment the prisoner is serving; or 9 (b) if the prisoner is serving more than 1 term of 10 imprisonment--each court that sentenced the prisoner 11 to a term of imprisonment the prisoner is serving. 12 separate confinement, in relation to a prisoner, means the 13 separation of the prisoner from other prisoners. 14 serious offence, for sections 334 and 339, means-- 15 (a) an offence against the Drugs Misuse Act 1986; or 16 (b) an offence against the Criminal Code (Cwlth), chapter 17 9, part 9.1; or 18 (c) an offence of counselling or procuring the commission 19 of, or attempting or conspiring to commit, an offence 20 mentioned in paragraphs (a) and (b). 21 serious violent offence means a serious violent offence under 22 the Penalties and Sentences Act 1992. 23 serious violent offender means a prisoner who is serving a 24 term of imprisonment for a serious violent offence. 25 sexual offence means an offence mentioned in schedule 1. 26 special need, of an offender, means a need the offender has, 27 compared to the general offender population, because of the 28 offender's-- 29 (a) age; or 30 (b) disability; or 31 (c) sex; or 32

 


 

333 Corrective Services Bill 2006 Schedule 4 (continued) (d) cultural background. 1 2 Example of a need-- 3 the culturally specific needs of Aboriginal and Torres Strait Islander 4 prisoners staff member means -- 5 (a) an employee of-- 6 (i) the department; or 7 (ii) an engaged service provider; or 8 (b) a corrective services officer. 9 supervised dangerous prisoner (sexual offender) means a 10 prisoner subject to a supervision order or interim supervision 11 order under the Dangerous Prisoners (Sexual Offenders) Act 12 2003. 13 suspend-- 14 (a) for chapter 2, part 2, division 10, subdivision 3, see 15 section 102; or 16 (b) for chapter 5, part 1, division 5, subdivision 2, see 17 section 204. 18 temporary safety order see section 58(1). 19 term of imprisonment see the Penalties and Sentences Act 20 1992, section 4. 21 test sample means a sample of blood, breath, hair, saliva or 22 urine. 23 unlawfully at large, in relation to a prisoner, means the 24 prisoner remains in the community after-- 25 (a) any of the following has been suspended or cancelled or 26 has expired or is otherwise no longer in force-- 27 (i) an order granted under section 72 for leave of 28 absence; 29 (ii) an interstate leave permit; 30 (iii) a work order; or 31

 


 

334 Corrective Services Bill 2006 Schedule 4 (continued) (b) any of the following has been suspended or cancelled-- 1 (i) a conditional release order; 2 (ii) a parole order. 3 visitor means-- 4 (a) any person, including a staff member, who enters or 5 intends to enter a corrective services facility; or 6 7 Example-- 8 a legal visitor or religious visitor (b) a casual site visitor as defined in section 165(2). 9 volunteer see section 306(1). 10 warrant includes-- 11 (a) a warrant issued by the chief executive; and 12 (b) an order committing a person into custody. 13 14 Examples for paragraph (b)-- 15 · an order or direction under the Migration Act 1958 (Cwlth) 16 · a preventative detention order under the Terrorism 17 (Preventative Detention) Act 2005 work camp means a place declared to be a work camp under 18 section 151(1)(a)(ii). 19 work order see section 66(1). 20 © State of Queensland 2006

 


 

AMENDMENTS TO BILL

1 Corrective Services Bill 2006 Corrective Services Bill 2006 Amendments agreed to during Consideration 1 Clause 181-- At page 128, line 3, `period'-- omit, insert-- `term'. 2 Clause 181-- At page 128, lines 5 to 7-- omit, insert-- `(1) This section applies to a prisoner who is serving a term of imprisonment for life.'. 3 Clause 184-- At page 129, line 29, `offence.'-- omit, insert-- `offence; or (c) is serving a period of imprisonment ordered to be served under the Penalties and Sentences Act 1992, section 147(1)(b) or (c); or (d) was the subject of a court ordered parole order that has been cancelled under this Act.'. 4 Clause 184-- At page 130, lines 1 to 4-- omit, insert-- `(3) However-- (a) if an earlier or later parole eligibility date is fixed for the prisoner under the Penalties and Sentences Act 1992,

 


 

2 Corrective Services Bill 2006 part 9, division 3, the prisoner's parole eligibility date is the date fixed under that division; or (b) if paragraph (a) does not apply and the prisoner is a prisoner mentioned in subsection (1)(d), the prisoner's parole eligibility date is the date that was fixed for the prisoner's release under that parole order.'. 5 Clause 187-- At page 132, lines 18 and 19-- omit, insert-- `(b) immediately before 1 January 2005, was subject to a reporting order made under the Criminal Law Amendment Act 1945, section 19; or Note-- The Criminal Law Amendment Act 1945, section 19 (repealed by Act No. 52 of 2004) dealt with the reporting of names and addresses of sexual offenders.'. 6 Clause 192-- At page 135, line 15, `prisoner `s'-- omit, insert-- `prisoner's'. 7 Clause 201-- At page 140, line 21, `or suspending'-- omit. 8 Clause 201-- At page 140, after line 24-- insert-- `(4) A written order suspending a parole order has effect for the period of not more than 28 days, stated in the written order, starting on the day the order is made.'.

 


 

3 Corrective Services Bill 2006 9 Clause 205-- At page 142, after line 34-- insert-- `(3A) A parole board is not required to give the prisoner an information notice or a reasonable opportunity to be heard if the parole board suspends or cancels the prisoner's parole order.'. 10 Clause 221-- At page 150, line 10, before `fees'-- insert-- `remuneration,'. 11 Clause 235-- At page 155, line 20, before `fees'-- insert-- `remuneration,'. 12 Clause 357-- At page 216, after line 19-- insert-- `(4) Also, the previous action or thing may be amended, repealed or revoked under this Act.'. 13 After clause 431-- At page 243, after line 7-- insert-- `431A Amendment, suspension or cancellation of parole order by corrections board `(1) This section applies to a post-prison community based release order (the previous order) that was amended, suspended or cancelled by an order of a corrections board under previous

 


 

4 Corrective Services Bill 2006 section 150 if the amendment, suspension or cancellation was in force immediately before the commencement. `(2) The previous order is taken to have been amended, suspended or cancelled by the replacement board for the corrections board under section 205(2). `(3) If, because of the suspension or cancellation, a warrant was issued under previous section 150(2) and the warrant was in effect and had not been executed before the commencement, it-- (a) continues to have effect according to its terms; and (b) is taken to be-- (i) for a warrant issued by the corrections board under previous section 150(2)(a)--a warrant issued by the replacement board for the corrections board under section 206(1)(a); or (ii) for a warrant issued under previous section 150(2)(b)--a warrant issued under section 206(1)(b). `(4) If a warrant had not been issued under previous section 150(2) before the commencement, a warrant may be issued by the replacement board for the corrections board or a magistrate under section 206 for the prisoner the subject of the previous order. `(5) If an information notice was given to the prisoner under previous section 150(5) and written submissions given to the corrections board by the prisoner had not been finally dealt with under previous section 150(6) before the commencement, the information notice is taken to have been given by the replacement board for the corrections board under-- (a) for an information notice about the amendment of the previous order--section 205(3); or (b) for an information notice about the suspension or cancellation of the previous order--section 208(1). `(6) If an information notice had not been given to the prisoner under previous section 150(5) before the commencement, an

 


 

5 Corrective Services Bill 2006 information notice may be given to the prisoner by the replacement board for the corrections board under-- (a) for an information notice about the amendment of the previous order--section 205(3); or (b) for an information notice about the suspension or cancellation of the previous order--section 208(1). `(7) If the replacement board changes the decision the subject of an information notice mentioned in subsection (5) or (6), the changed decision has effect despite section 426(a).'. 14 Clause 441-- At page 246, line 26, `within the meaning of the 2000 Act'-- omit. 15 Clause 471-- At page 257, after line 12-- insert-- `(1A) It is declared that there is not, and never has been, a requirement to publish any of the following rules of the corrective services rules-- · rule 32 (Prisoner construction of electronic or electromechanical devices) · rule 111 (Prescription of Industrial and Community Work Centre, Wacol, as a place for the transfer of prisoners) · rule 172 (Prisoner protection) · rule 223 (Security related training weapons and munition standards) · rule 226 (Standard operational procedures for the establishment of an incident management centre (IMC)) · rule 230 (Management of hostage incidents in custodial correctional centres) · rule 232 (Operation of Barringer Ionscan narcotics and explosives detection unit)

 


 

6 Corrective Services Bill 2006 · rule 233 (Maximum security unit) · rule 236 (Risk management) · rule 239 (Prisoner escort) · rule 240 (Incident management).'. 16 After clause 478-- At page 262, after line 19-- insert-- `Division 1A Freedom of Information Act 1992 `478A Act amended in div 1A `This division amends the Freedom of Information Act 1992. `478B Amendment of s 11E (Application of Act to offenders) `(1) Section 11E, heading, after `offenders'-- insert-- `or agents'. `(2) Section 11E(1), after `offender'-- insert-- `, or an offender's agent,'. `(3) Section 11E(2), definition offender, other than note-- omit, insert-- `offender means an offender as defined under the Corrective Services Act 2006-- (a) who is serving a term of imprisonment for a prescribed offence, or serving a period of imprisonment that includes a term of imprisonment for a prescribed offence, whether the person was sentenced to the term or period of imprisonment before or after the commencement of this section; or

 


 

7 Corrective Services Bill 2006 (b) who is a detained dangerous prisoner (sexual offender), or a supervised dangerous prisoner (sexual offender), as defined under the Corrective Services Act 2006.'. `478C Insertion of new s 42AA `After section 42-- insert-- `42AA Matter created for ensuring security or good order of corrective services facility `(1) Matter is exempt matter if it is in the possession of, or brought into existence by, the department in which the Corrective Services Act 2006 is administered and is-- (a) a recording of a telephone call made by an offender from a corrective services facility; or (b) an audio recording made in a corrective services facility for the security or good order of the facility; or (c) a visual recording of a corrective services facility or a part of a corrective services facility; or (d) a document to the extent that it refers to or contains any part of a recording mentioned in paragraph (a), (b) or (c); unless its disclosure would, on balance, be in the public interest. `(2) In this section-- corrective services facility means a corrective services facility as defined under the Corrective Services Act 2006. offender means an offender as defined under the Corrective Services Act 2006.'.'. 17 Clause 488-- At page 265, lines 9 to 11, from `give'-- omit, insert--

 


 

8 Corrective Services Bill 2006 `make a record of the order committing the offender into custody and give a copy of the record to the chief executive (corrective services).'. 18 Clause 493-- At page 268, after line 3-- insert-- ` `(6) Sections 160B to 160D do not apply if a court sentences an offender to a term of imprisonment and makes any of the following orders under this Act for the offender-- (a) an intensive correction order; (b) a probation order mentioned in section 92(1)(b); (c) an order that the whole or a part of the term of imprisonment be suspended.'. 19 Clause 493-- At page 268, line 8, after `2006'-- insert-- `, section 205 or 209'. 20 Clause 493-- At page 268, after line 12-- insert-- ` `(4) If the offender had a current parole eligibility date or current parole release date, a date fixed under subsection (2) or (3) must not be earlier than the current parole eligibility date or current parole release date. Note-- See also section 160F.'.

 


 

9 Corrective Services Bill 2006 21 Clause 493-- At page 268, after line 25-- insert-- `Note-- See also section 160F.'. 22 Clause 493-- At page 269, after line 5-- insert-- ` `(4) A date fixed under subsection (2) must not be earlier than the current parole eligibility date or current parole release date. Note-- See also section 160F.'. 23 Clause 493-- At page 270, after line 14-- insert-- `Examples-- 1 O is sentenced to a term of 1 year's imprisonment on 1 July 2007 with a parole release date of 1 January 2008. O is released on parole on 1 January 2008. On 1 April 2008, O is sentenced to a further term of 1 year's imprisonment for another offence. A parole eligibility date fixed for O under section 160B(2) must relate to the 2 years period of imprisonment to which O has been sentenced and must not be earlier than 1 January 2008. 2 O is sentenced to a term of 1 year's imprisonment on 1 July 2007 with a parole release date of 1 January 2008. On 1 November 2007, O is sentenced to a further term of 1 year's imprisonment for another offence, to be served concurrently with the first term. A parole release date fixed for O under section 160B(3) must relate to the 16 months period of imprisonment to which O has been sentenced and must not be earlier than 1 January 2008.'.

 


 

10 Corrective Services Bill 2006 24 Clause 493-- At page 270, lines 15 to 18-- omit, insert-- ` `160GCourt may fix any day of sentence as parole release date `(1) If, under this Act, the court must fix a parole release date for an offender, the court may fix any day of the offender's sentence as the offender's parole release date.'. 25 Clause 493-- At page 270, line 27, `If subsection (1) applies'-- omit, insert-- `If the offender's parole release date is the date the offender is to be unconditionally released from lawful custody'. 26 Clause 493-- At page 270, after line 29-- insert-- ` `(3) If the court fixes the date on which an offender is sentenced as the offender's parole release date and subsection (2) does not apply, the offender is taken immediately to be subject to a court ordered parole order-- (a) containing the conditions mentioned in the Corrective Services Act 2006, section 200(1); and (b) requiring the offender to report to a probation and parole office as defined under that Act and obtain a copy of the court ordered parole order between 9a.m. and 5p.m. either on the day the court fixes the offender's parole release date or on the next business day. Examples-- 1 The court fixes the offender's parole release date on a Thursday and the following day (Friday) is not a public holiday. The offender must report to a probation and parole office and obtain a copy of the parole order either before 5p.m. on the Thursday or between 9a.m. and 5p.m. on the Friday.

 


 

11 Corrective Services Bill 2006 2 The court fixes the offender's parole release date on a Friday and the following Monday is not a public holiday. The offender must report to a probation and parole office and obtain a copy of the parole order either before 5p.m. on the Friday or between 9a.m. and 5p.m. on the Monday. `(4) An offender who fails to report to a probation and parole office and obtain a copy of the court ordered parole order as required under subsection (3)(b) is unlawfully at large for the Corrective Services Act 2006. `(5) A court mentioned in subsection (3) must, when fixing the offender's parole release date, tell the offender-- (a) of the requirement imposed on the offender under the subsection; and (b) of the consequences if the offender fails to comply with the requirement. `(6) In this section-- court ordered parole order means a court ordered parole order as defined under the Corrective Services Act 2006.'. 27 Schedule 3-- At page 304, lines 12 to 14-- omit. 28 Schedule 4-- At page 319, after line 26-- insert-- `corrections board, for sections 431A(1) and 441(1)(a), means a corrections board within the meaning of the 2000 Act.'. 29 Schedule 4-- At page 321, after line 21-- insert--

 


 

12 Corrective Services Bill 2006 `early discharge means discharge under section 108(3) or 110.'. 30 Schedule 4-- At page 324, line 22, `leave.'-- omit, insert-- `leave; (g) leave mentioned in section 72(1)(g).'. 31 Schedule 4-- At page 334, line 3, `order.'-- omit, insert-- `order; or (c) the prisoner fails to report to a probation and parole office and obtain a copy of the prisoner's court ordered parole order as required under the Penalties and Sentences Act 1992, section 160G(3).'.