CORRECTIVE SERVICES ACT 2006

Queensland Consolidated Acts

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CORRECTIVE SERVICES ACT 2006

TABLE OF PROVISIONS

Contents

CHAPTER 1--PRELIMINARY

1. Short title
2. Commencement
3. Purpose
4. Definitions
5. References to prisoner and corrective services facility

CHAPTER 2--PRISONERS

Part 1--Custody and admission of prisoners

6. Where a person is to be detained
7. When a person is taken to be in the chief executive's custody
8. When a person is taken to be in the commissioner's custody
9. Authority for admission to corrective services facility
10. Record of prisoner's details
11. Prisoner to be informed of entitlements and duties
12. Prisoner security classification
13. Reviewing prisoner's security classification
14. Changing prisoner's security classification
15. Notice of decision about prisoner's security classification following review
16. Reconsidering decision to change prisoner's security classification
17. Application of Judicial Review Act 1991 to decisions about prisoner security classification
18. Accommodation

Part 2--Management of prisoners

Division 1--Management of prisoners generally

19. Effect of prisoner's security classification
20. Directions to prisoner
21. Medical examination or treatment
22. Private medical examination or treatment
23. Dangerously ill prisoner
24. Death of prisoner
25. Registration of birth
26. Marriage
27. Change of name
28. Carrying on a business

Division 2--Children accommodated with female prisoners

29. Application for accommodation of child with female prisoner
30. Deciding application
31. Removing child from corrective services facility
32. Search of accommodated child

Division 3--Search of prisoners

33. Power to search
34. Personal search of prisoners leaving particular part of corrective services facility
35. Search requiring the removal of clothing of prisoners on chief executive's direction
36. Search requiring the removal of clothing of prisoners on chief executive's order—generally
37. Search requiring the removal of clothing on reasonable suspicion
38. Requirements for search requiring the removal of clothing
39. Body search of particular prisoner
40. Register of searches
41. Who may be required to give test sample
42. Giving test sample
43. Consequences of positive test sample

Division 4--Mail, phone calls and other communications
Subdivision 1--Mail

44. Prisoner's ordinary mail at prisoner's own expense
45. Opening, searching and censoring mail
46. Seizing and otherwise dealing with mail containing information about the commission of an offence
47. Seizing harmful or prohibited things contained in privileged mail
48. Seizing ordinary mail and things contained in it
49. Register of privileged mail searches
Subdivision 2--Phone calls
50. Phone calls
Subdivision 3--Other communications
51. Personal video conferences for approved prisoners
Subdivision 4--Recording or monitoring prisoner communications
52. Recording or monitoring prisoner communication

Division 5--Safety orders

53. Safety order
54. Consecutive safety orders
55. Review of safety order—doctor or psychologist
56. Review of safety order—official visitor
57. Medical examination
58. Temporary safety order
59. Record

Division 6--Maximum security orders

60. Maximum security order
61. Consecutive maximum security orders
62. Other matters about maximum security order
63. Review of maximum security order
64. Medical examination
65. Record

Division 7--Transfer and removal of prisoners
Subdivision 1--Transfer to a work camp

66. Work order
67. Restriction on eligibility for transfer to work camp
Subdivision 2--Other transfer and removal of prisoners
68. Transfer to another corrective services facility or a health institution
69. Transfer to court
70. Removal of prisoner for law enforcement purposes
Subdivision 3--Reconsidering transfer decision
71. Reconsidering decision

Division 8--Leave of absence
Subdivision 1--Chief executive's powers

72. Power to grant leave
73. Compassionate leave
74. Resettlement leave
Subdivision 2--Parole board powers
75. Application for approval of resettlement leave program
76. Power to approve resettlement leave program for particular prisoners
77. Power to approve resettlement leave program for prisoner serving a life sentence, or serious violent offender
78. Start of approved resettlement leave program
79. Amending, suspending or cancelling approval
80. Reconsidering parole board decision
Subdivision 3--Restrictions on granting particular leave
81. Leave for prisoner serving a life sentence, or serious violent offender
82. Leave for other particular prisoners
Subdivision 4--Other provisions about leave of absence
83. Prisoner's expenses while on leave
84. Prisoner's duties while on leave
85. Suspending or cancelling order for leave of absence
86. Notice to Queensland board about suspension of order for resettlement leave
87. Leave of absence is part of period of imprisonment
88. When leave of absence is not required

Division 9--Interstate leave of absence
Subdivision 1--Interstate leave permit

89. Interstate leave permit
90. Effect of interstate leave permit
91. Amending or cancelling permit
92. Notice to participating State
93. Liability for damage
Subdivision 2--Corresponding interstate leave permit
94. Effect of corresponding interstate leave permit
95. Escape of interstate prisoner
Subdivision 3--Corresponding law
96. Corresponding law

Division 10--Conditional release
Subdivision 1--Eligibility for conditional release

97. Eligibility
Subdivision 2--Conditional release order
98. Making order
99. Risk to community
100. Good conduct and industry
101. Refusing conditional release
Subdivision 3--Amending, suspending or cancelling order
102. Definition for sdiv 3
103. Amendment, suspension or cancellation
104. Warrant for prisoner's arrest
105. Information notice and changing chief executive's decision
106. Automatic cancellation
Subdivision 4--Expiry of order
107. Expiry

Division 11--Discharge or release

108. Discharge or release
109. Effect of remission on discharge day for cumulative sentence
110. Discharge within 7 days before discharge day
111. Remaining in corrective services facility after discharge day

Division 12--Arrest of prisoners

112. Arresting prisoner unlawfully at large

CHAPTER 3--BREACHES OF DISCIPLINE AND OFFENCES

Part 1--Breaches of discipline by prisoners

113. Breaches of discipline generally
114. Breach of discipline constituting an offence
115. Prisoner not to be punished twice for same act or omission
116. Considering whether breach of discipline committed
117. Further provisions about considering major breach of discipline
118. Consequences of breach of discipline
119. Review of decision
120. Disciplinary breach register
121. Separate confinement

Part 2--Offences by prisoners

122. Unlawful assembly, riot and mutiny
123. Dealing with prohibited thing
124. Other offences

Part 3--General offences

125. Definition for pt 3
126. Helping prisoner at large
127. Obstructing staff member or proper officer of a court
128. Taking prohibited thing into corrective services facility or giving prohibited thing to prisoner
129. Removing things from corrective services facility
130. Unlawful entry
131. Killing or injuring corrective services dog
132. Interviewing and photographing prisoner etc.
133. Interfering with records
134. False or misleading information
135. Person near prisoner
136. Temporary detention for security offence
137. Power to require name and address

Part 4--Seizing property

138. Seizing property
139. Receipt for seized property
140. Forfeiting seized thing
141. Returning seized thing
142. Power of court in relation to seized thing

Part 5--Use of force

Division 1--Use of reasonable force

143. Authority to use reasonable force

Division 2--Use of lethal force

144. Training for use of lethal force
145. Issue, handling and storage of weapons
146. Use of lethal force
147. Requirements for use of lethal force
148. Reporting use of lethal force

CHAPTER 4--CORRECTIVE SERVICES FACILITIES

Part 1--Establishing corrective services facilities

149. Prisons
150. Prison amenities
151. Other corrective services facilities

Part 2--Visiting corrective services facilities

Division 1--General

152. Warnings to visitors
153. Prisoner's entitlement to visits
154. Contact during personal visit

Division 2--Procedure for visits
Subdivision 1--Before visit

155. Access approval required for visitor other than accredited visitor or staff member
156. Deciding application for access approval
157. Suspending access approval
158. Monitoring personal visit
159. Search of visitor
Subdivision 2--During visit
160. Identification of visitor
161. Visitor may be directed to leave corrective services facility
162. Proof of identity
163. Direction to visitor

Division 3--Further provisions about particular visitors

164. Accredited or government visitor
165. Casual site visitor
166. Children
167. Law enforcement visitor
168. Personal visitor
169. Professional visitor
170. Commercial visitor
171. Other visitors

Part 3--Staff members

172. Staff member interacting with prisoner, etc.
173. Search of staff member

Part 4--Searching corrective services facilities and vehicles

174. Power to search corrective services facility
175. Power to search vehicle

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
177. When exceptional circumstances parole order may start
Subdivision 2--Other parole order
178. Definition for sdiv 2
179. Application of sdiv 2
180. Applying for parole order etc.
181. Parole eligibility date for prisoner serving term of imprisonment for life
182. Parole eligibility date for serious violent offender
183. Parole eligibility date for prisoner detained for a period directed by a judge under Criminal Law Amendment Act 1945, pt 3
184. Parole eligibility date for other prisoners
185. Parole eligibility date for prisoner serving terms of imprisonment in particular circumstances

Division 2--Hearing and deciding application for parole order
Subdivision 1--Preliminary

186. Definition for div 2
Subdivision 2--Procedure
187. Which parole board may hear and decide application
188. Submission from eligible person
189. Appearing before parole board
190. Applying for leave to appear before parole board
191. When application for parole order lapses
192. Parole board not bound by sentencing court's recommendation or parole eligibility date
193. Decision of parole board
194. Types of parole orders granted by parole board
Subdivision 3--Review of regional board's refusal
195. Application of sdiv 3
196. Prisoner may apply for review
197. Material to be given to Queensland board
198. Queensland board's powers

Division 3--Court ordered parole order

199. Court ordered parole order

Division 4--Conditions of parole

200. Conditions of parole

Division 5--Amending, suspending or cancelling parole order
Subdivision 1--Chief executive powers

201. Amendment or suspension
202. Warrant for prisoner's arrest
203. Cancelling amendment or suspension order and withdrawing warrant
Subdivision 2--Parole board powers
204. Definitions for sdiv 2
205. Amendment, suspension or cancellation
206. Warrant for prisoner's arrest
207. Application for grant of parole after court ordered parole order cancelled
208. Reconsidering decision to suspend or cancel parole order
Subdivision 3--Automatic cancellation
209. Automatic cancellation of order by further imprisonment
210. Warrant for prisoner's arrest
Subdivision 4--Effect of cancellation
211. Effect of cancellation

Division 6--Other provisions about parole orders

212. Travelling interstate while released on parole
213. Travelling overseas while released on parole
214. Prisoner released on parole taken to be still serving sentence
215. Expiry of parole order

Part 2--Parole boards

Division 1--Queensland board

216. Establishment
217. Functions
218. Membership
219. Disqualification from membership
220. Term of member's appointment
221. Remuneration of members
222. Vacation of member's office
223. Secretary
224. Meetings
225. Attendance of staff member at meetings
226. Attendance of board member at regional board meetings
227. Guidelines
228. Annual report
229. Special report

Division 2--Regional boards

230. Establishment
231. Functions
232. Membership
233. Disqualification from membership
234. Term of member's appointment
235. Remuneration of members
236. Vacation of member's office
237. Secretary
238. Meetings
239. Attendance of staff member at meetings
240. Annual report

Division 3--Parole board powers

241. General powers
242. Power to require attendance

Part 3--General

243. Legal proceedings
244. Corrective services officer subject to direction of parole board
245. Chief executive must prepare and give report to parole board
246. Invalidity of parole board's acts, proceedings or decisions
247. Authentication of document

CHAPTER 6--ADMINISTRATION

Part 1--Grant of financial assistance

Division 1--Application for grant

248. Application
249. No entitlement to financial assistance
250. Approval of grant
251. Who may receive approval for one-off financial assistance

Division 2--Conditions of grant
Subdivision 1--Agreement

252. No financial assistance without agreement
253. What financial assistance agreement is to contain
254. Chief executive's powers not limited by agreement
Subdivision 2--Insurance and prescribed requirements
255. Insurance
256. Prescribed requirements
257. Grantee must comply with prescribed requirements
Subdivision 3--Monitoring compliance with conditions
258. Chief executive's examination of records
Subdivision 4--Noncompliance with conditions and prescribed requirements
259. Chief executive's powers if suspicion that condition not complied with
260. Chief executive may ask grantee to provide explanation
261. Chief executive may suspend further payments
262. Compliance notice

Part 2--Chief executive

263. Functions and powers
264. Administrative directions
265. Administrative procedures
266. Programs and services to help offenders
267. Monitoring devices
268. Declaration of emergency
269. Commissioner to provide police to help chief executive
270. Community service
271. Delegation of functions of chief executive

Part 3--Engaged service providers

272. Engaging service provider
273. Acts applying to engaged service provider
274. Review of engaged service provider's performance

Part 4--Corrective services officers

275. Appointing corrective services officers
276. Powers of corrective services officer
277. Issue of identity card
278. Production or display of identity card
279. Corrective services dog
280. Use of corrective services dog
281. Corrective services dog may accompany corrective services officer
282. Application of local laws

Part 5--Doctors

283. Appointment of doctor
284. Doctor's functions

Part 6--Official visitors

285. Appointing official visitor
286. Assigning official visitor to corrective services facility
287. Remuneration, allowances and expenses
288. Terminating appointment
289. Prisoner's request to see official visitor
290. Official visitor's function
291. Official visitor powers
292. Official visitor reports

Part 7--Elders, respected persons and spiritual healers

293. Appointing elders, respected persons and spiritual healers

Part 8--Inspectors

Division 1--Appointment

294. Appointing inspectors generally
295. Appointing inspectors for an incident
296. Appointing chief inspector
297. Appointment conditions and limit on powers
298. Issue of identity card
299. Production or display of identity card
300. When inspector ceases to hold office
301. Resignation
302. Return of identity card

Division 2--Powers

303. Inspector's powers generally
304. Inspector's power to require information
305. Inspectors' reports

Part 9--Volunteers

306. Authorising volunteer

Part 10--Prisoners of a court

307. Prisoner in proper officer of a court's custody
308. Powers of proper officer of a court
309. Delegation of powers of proper officer of a court
310. Court cells

Part 11--Property

Division 1--Prisoner's money

311. Prisoners trust fund
312. Trust account records
313. Payments to prisoner's account
314. Deductions from prisoner's account
315. Investment of prisoners trust fund
316. Remuneration for prisoner

Division 2--Other property of prisoner

317. Bringing property into corrective services facility
318. Dealing with property if prisoner escapes

Part 12--Compensation

319. Compensation for lost or damaged property

Part 13--Information

Division 1--Releasing information to eligible persons

320. Eligible persons register
321. Declaration must be signed by applicant or nominee
322. Application by child
323. Deciding application
324. Removing details from eligible persons register
325. Releasing information

Division 2--Criminal history of relevant person
Subdivision 1--Preliminary

326. Purpose of div 2
327. Definitions for div 2
328. Relationship with Criminal Law (Rehabilitation of Offenders) Act 1986
329. Chief executive must advise of duties of disclosure etc.
Subdivision 2--Disclosure of criminal history
330. Person seeking to be a relevant person must disclose criminal history
331. Relevant person must disclose changes in criminal history
332. Requirements for disclosure
333. False, misleading or incomplete disclosure or failure to disclose
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
335. Prosecuting authority to notify chief executive about committal, conviction etc.
Subdivision 4--Control on use of information about criminal history and particular investigations
336. Use of information obtained under this division
337. Person to be advised of information obtained
338. Reconsidering decision
339. Confidentiality
340. Guidelines for dealing with information

Division 3--Other provisions about information

341. Confidential information
342. Commissioner to provide offender's criminal history
343. Traffic history
344. Pre-sentence report

Part 14--Surrender of equipment and identity card

345. Staff members

Part 15--Legal provisions

346. Royal prerogative of mercy etc. not affected
347. Interpretation of authority for admission to corrective services facility
348. Execution of warrant by corrective services officer
349. Protection from liability
350. Proceedings for offences
351. Evidentiary aids

Part 16--Miscellaneous

352. Review of Act
353. Exemption from tolls
354. Approved forms
355. Regulation-making power

Chapter 7--Transitional and other provisions for Corrective Services Act 2006

Part 1--Preliminary

356. Definitions for ch 7
357. Continued actions or things to be read with necessary changes

Part 2--Prisoners and other persons in custody

Division 1--Custody and admission

358. Where persons to be detained
359. When persons in chief executive's custody
360. When persons in commissioner's custody
361. Authority for admission to corrective services facility
362. Continuation of record for identifying prisoners
363. Prisoner classifications
364. Asking chief executive to reconsider decision about classification

Division 2--Management of prisoners

365. Direction given before commencement
366. Order or direction for medical examination or treatment
367. Authorisation for medical examination or treatment
368. Application or approval for private medical examination or treatment
369. Previous notice about lodging notice of intention to marry and approval and decision about marriage
370. Previous notice about change of name
371. Carrying on a business

Division 3--Children accommodated with female prisoners

372. Application or approval for accommodation of child with prisoner
373. Reviewing decisions about children
374. Existing application for review of decision about accommodation of child with prisoner

Division 4--Search of prisoners

375. Existing order for personal searching whenever prisoner leaves part of secure facility
376. Existing direction or order for strip searching of prisoner
377. Continuation of register of searches
378. Test samples
379. Requirement for test sample before commencement but test sample not given

Division 5--Mail and phone calls

380. Phone calls

Division 6--Special treatment orders and crisis support orders

381. Special treatment order and crisis support order
382. Review of special treatment order
383. Review of crisis support order
384. Continuation of records about special treatment orders and crisis support orders

Division 7--Maximum security orders

385. Maximum security order
386. Medical examination
387. Review of maximum security order
388. Continuation of record about maximum security orders

Division 8--Transfer and removal of prisoners

389. Transfer to another corrective services facility or health institution
390. Transfer to court
391. Removal of prisoner for law enforcement purposes
392. WORC and WCC programs

Division 9--Leave of absence

393. Existing order for leave other than resettlement leave
394. Existing order for resettlement leave
395. Existing authority for prisoner's expenses while on leave
396. Existing suspension of order for leave and requirement to return to corrective services facility

Division 10--Interstate leave of absence

397. Existing interstate leave permit
398. Existing warrant for return of interstate prisoner
399. Liability for damage because of interstate leave permit

Division 11--Remission and conditional release
Subdivision 1--Remission

400. Existing grant of remission
401. Eligibility for remission
402. Court order for remaking decision about remission
Subdivision 2--Conditional release
403. Existing conditional release order
404. Notice about considering to refuse to make conditional release order

Division 12--Arrest of prisoners

405. Existing warrant for prisoner unlawfully at large

Part 3--Breaches and offences

Division 1--Breaches of discipline by prisoners

406. Act or omission that is a breach of discipline before commencement
407. Existing order for separate confinement
408. Review of decision about breach of discipline
409. Continuation of disciplinary breach register

Division 2--Seizing property

410. Dealing with seized property
411. Forfeiting seized thing
412. Review of decision to forfeit

Division 3--Use of lethal force

413. Continuation of authorisation for issue, handling and storage of weapons
414. Continuation of record of use of lethal force

Part 4--Corrective services facilities

Division 1--Existing corrective services facilities

415. Prisons
416. Community corrections centres
417. WORC sites and WCC sites

Division 2--Visiting corrective services facilities

418. Approval for personal visit to be a contact visit
419. Existing application for approval to access corrective services facility
420. Approval to access corrective services facility
421. Existing entitlement to apply for review of refusal for access approval
422. Proof of identity
423. Existing suspension of approval to access corrective services facility
424. Existing entitlement to apply for review of suspension of approval to access corrective services facility
425. Monitoring personal visits

Part 5--Parole

Division 1--Existing post-prison community based release orders

426. Post-prison community based release order
427. Eligibility for post-prison community based release order
428. Application for post-prison community based release order
429. Existing authority for prisoner's expenses while on parole
430. Travelling interstate or overseas while on parole
431. Suspension of parole order by chief executive
432. Amendment, suspension or cancellation of parole order by corrections board
433. Reviewing existing regional board's decision to refuse application

Division 2--Existing community corrections boards
Subdivision 1--Queensland Community Corrections Board

434. Queensland Community Corrections Board
435. Secretary of Queensland Community Corrections Board
436. Existing guidelines
437. Annual report
Subdivision 2--Regional community corrections boards
438. Existing regional boards
439. Continuation of member's appointment
440. Secretary of existing regional board
441. Annual report of existing regional board
Subdivision 3--Powers of corrections boards
442. Powers of corrections board to require attendance

Part 6--Administration

Division 1--Chief executive

443. Functions and powers of chief executive
444. Existing administrative policies and procedures
445. Existing services and programs
446. Monitoring devices
447. Declaration of emergency
448. Commissioner to provide police

Division 2--Engaged service providers

449. Existing authorisation for engaged service provider
450. Review of engaged service provider's performance

Division 3--Continuing appointments

451. General provision about appointments or authorisations continued under div 3
452. Corrective services officers
453. Corrective services dogs
454. Doctors
455. Official visitors
456. Elders, respected persons and indigenous spiritual healers
457. Inspectors
458. Inspector's reports
459. Volunteers
460. Prisoner in proper officer of the court's custody

Division 4--Property

461. Prisoners trust fund
462. Trust account records
463. Investment of prisoners trust fund
464. Remuneration of prisoners

Division 5--Compensation

465. Compensation for loss or damage to property

Division 6--Information

466. Concerned persons
467. Commissioner to provide criminal history
468. Traffic history

Division 7--Legal provisions

469. Proceedings

Part 7--Other transitional provisions

470. References in Acts or documents
471. Authorities and actions
472. Corrective Services Rules
473. Previous expectations of prisoner
474. All release to be dealt with under this Act

Part 8--Declaration and validation provisions

475. Declaration and validation about particular warrants issued under Penalties and Sentences Act 1992
476. Declaration about prisoner for 2000 Act, ch 5, pt 1

Part 9--Saving, transitional and validating provisions for Corrective Services Act 2000

477. Purpose of pt 9
478. Provisions for sch 2

CHAPTER 7A--TRANSITIONAL PROVISIONS FOR CRIMINAL CODE (DRINK SPIKING) AND OTHER ACTS AMENDMENT ACT 2006

478A. Previous expectations of sexual offenders about leave of absence
478B. Previous expectations of sexual offenders about resettlement leave

CHAPTER 8--REPEAL AND AMENDMENT OF OTHER ACTS

Part 1--Repeal

479. Repeal
SCHEDULE 1 SEXUAL OFFENCES
SCHEDULE 2 CONTINUING PROVISIONS OF CORRECTIVE SERVICES ACT 2000
SCHEDULE 4 DICTIONARY
Endnotes

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