CORRECTIVE SERVICES ACT 2006 - As at 1 November 2023 - Act 29 of 2006
CORRECTIVE SERVICES ACT 2006
- As at 1 November 2023
- Act 29 of 2006
TABLE OF PROVISIONS
Long Title
CHAPTER 1 - PRELIMINARY
1. Short title
2. Commencement
3. Purpose
4. Definitions
5. References to prisoner and corrective services facility
5A. Relationship with Human Rights Act 2019
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
26A. Civil partnerships
27. Change of name
Division 1A - Carrying on business or dealing in artwork
27A. Definitions for div 1A
28. Carrying on a business
28A. Restriction on prisoner dealing with prisoner’s artwork
28B. Giving prisoner’s artwork to a person as a gift
28C. Giving prisoner’s artwork to a person to hold on the prisoner’s behalf
28D. Giving prisoner’s artwork to the State for disposal as agreed
28E. No consideration to be paid for holding prisoner’s artwork under s 28C
28F. Person holding prisoner’s artwork for prisoner
28G. Prisoner and not the State has responsibility for collecting artwork held on behalf of the prisoner
28H. Limited liability of persons holding artwork on behalf of prisoner
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 videoconferences 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. Health 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
63A. Suspension of maximum security order
64. Health examination
65. Record
Division 6A - (Repealed)
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
68A. Restriction on eligibility for transfer to low custody facility
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. (Repealed)
Subdivision 2 - (Repealed)
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. (Repealed)
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 9A - Approvals for Mutual Assistance in Criminal Matters Act 1987 (Cwlth)
96A. Mutual assistance approval
96B. Giving prisoner notice of approval and conditions
96C. Complying with conditions of approval
96D. Time spent while released under mutual assistance approval is part of period of imprisonment
Division 10 - (Repealed)
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 or release day
Division 12 - Arrest of prisoners
112. Arresting prisoner unlawfully at large or absent
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 2A - OFFENCES BY STAFF MEMBERS
124A. Prohibition on intimate relationships between staff members and offenders
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
131A. Wilfully and unlawfully killing or seriously injuring corrective services dog
132. Interviewing and photographing prisoner etc.
132A. Unlawful use of drones around corrective services facilities
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
155. Access approval required for particular visitors
156. Deciding application for access approval
156A. Interim access approval for personal visitor
156B. Urgent access approval for commercial visitor
157. Suspending access approval
157A. Amending or revoking access approval
158. Monitoring personal visit
159. Search of visitor
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
PART 5 - POWERS AND LIMITATIONS FOR SEARCHES
175A. Conducting searches
CHAPTER 5 - PAROLE
PART 1AA - PRELIMINARY
175B. Definitions for chapter
175C. Meaning of no body-no parole prisoner
175D. Meaning of restricted prisoner
PART 1AB - PAROLE DECLARATIONS
Division 1 - Restricted prisoner declarations
175E. Making restricted prisoner declaration
175F. Restricted prisoner report
175G. If restricted prisoner report given to president
175H. Deciding to make restricted prisoner declaration
175I. If restricted prisoner declaration made
175J. If restricted prisoner declaration not made
Division 2 - No cooperation declarations
175K. Application of division
175L. Parole board may make no cooperation declaration
175M. Parole board may request commissioner’s report
175N. Parole board must notify no body-no parole prisoner
175O. Deciding if satisfactory cooperation
175P. If prisoner does not give satisfactory cooperation
175Q. If prisoner gives satisfactory cooperation
175R. Prisoner may make reconsideration application
175S. Deciding reconsideration application
175T. Discretion to call meeting to reconsider
175U. If reconsideration application granted or meeting called
PART 1 - PAROLE ORDERS
Division 1 - Application for parole order
Subdivision 1 - Exceptional circumstances parole order
176. Applying for an exceptional circumstances parole order
176A. Deciding applications made by restricted prisoner
176B. Applications made by no body-no parole prisoner
176C. Applications made by prisoners on remand
177. When exceptional circumstances parole order may start
Subdivision 2 - Other parole order
178. Definitions 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
181A. Parole eligibility date for prisoner serving term of imprisonment for life for a repeat serious child sex offence
182. Parole eligibility date for serious violent offender
182A. Parole eligibility date for prisoner serving term of imprisonment for other particular serious offences
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
185A. Parole eligibility date for particular prisoners granted exceptional circumstances parole
185B. Parole eligibility date for prisoner serving term of imprisonment for an offence against Weapons Act 1990, s 50, 50B or 65
Division 2 - Hearing and deciding application for parole order
Subdivision 1 - Preliminary
186. Definition for div 2
Subdivision 2 - Procedure
187. (Repealed)
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. Deciding parole applications—general
193A. Deciding parole applications—no body-no parole prisoner
193AA. Deciding parole applications—restricted prisoner
193B. Deciding applications for parole orders made by prisoners with links to terrorism
193C. Deferring decision to obtain information about terrorism links
193D. Parole board may ask commissioner for reports about prisoners’ links to terrorism
193E. Reports about prisoners’ links to terrorism
194. Types of parole orders granted by parole board
Subdivision 3 - (Repealed)
Division 3 - Court ordered parole order
199. Court ordered parole order
Division 4 - Conditions of parole and directions to prisoners
200. Conditions of parole
200A. Directions to prisoners subject to parole order
Division 5 - Amending, suspending or cancelling parole order
Subdivision 1 - Chief executive powers
201. Chief executive may amend parole order
202. Parole board may cancel amendment
203. (Repealed)
Subdivision 2 - Parole board powers generally
204. (Repealed)
205. Amendment, suspension or cancellation
206. Warrant for prisoner’s arrest
207. (Repealed)
208. Reconsidering decision to suspend or cancel parole order
Subdivision 2A - Requests for immediate suspension
208A. Request for immediate suspension of parole order
208B. Decision on request for immediate suspension of parole order
208C. Parole board must consider suspension by prescribed board member
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 BOARD QUEENSLAND
Division 1 - Establishment and functions
216. Establishment
217. Functions
217A. Parole Board not public sector entity
Division 2 - Powers
218. Powers generally
219. Power to require attendance
220. Expenses of attendance and documents produced
Division 3 - Membership
221. Membership
222. President and deputy president
223. Appointment
224. Term of appointment
225. Conditions of appointment
226. Vacancy in office
227. Leave of absence
228. Acting appointments
229. Preservation of rights
229A. Functions of president
229B. Delegation of particular function of president
229C. Functions of deputy president
Division 4 - Proceedings
230. Conduct of business
231. Quorum
232. Presiding at meetings
233. Meetings generally
234. Meetings about particular matters relating to parole orders
235. Attendance of staff member at meetings
Division 4A - Publication of decisions
235A. Parole board must publish particular information
Division 5 - Parole Board Queensland Secretariat
236. Establishment and functions
Division 6 - Pension entitlements of president and deputy president
237. Judges pension scheme applies to former senior board member
238. Period for which person holds office as president or deputy president
239. Pension at end of appointment generally
240. Pension if appointment ends because of ill health
241. When pension becomes payable
242. Pension of spouse and children on death of former senior board member
242A. What happens if former senior board member is removed from office as a judge
242B. What happens if former senior board member’s appointment is terminated because of misconduct
242C. Former senior board member entitled to other pension
242D. Provision about agreements and court orders under Family Law Act 1975 (Cwlth)
Division 7 - Other matters
242E. Guidelines
242F. Annual report
242G. Special report
242H. Disclosure of interests
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
247A. When a person promotes terrorism
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
Division 1 - General functions and powers
263. Functions and powers
Division 2 - Particular powers and obligations
264. Administrative directions
265. Administrative procedures
266. Programs and services to help offenders
267. Monitoring devices
267A. (Repealed)
268. (Repealed)
269. Commissioner to provide police to help chief executive
270. Community service
271. Delegation of functions of chief executive
Division 3 - Declaration of emergency
271A. Definition for division
271B. Declaration of emergency
271C. Additional powers of chief executive during declared emergency
271D. Publication of declaration of emergency
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 - (Repealed)
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 9A - ALCOHOL AND DRUG TESTING
Division 1 - Preliminary
306A. Definitions for part
306B. Persons to whom part applies
Division 2 - Provisions about alcohol testing
306C. When is a person over the limit
306D. Alcohol limits
306E. Circumstances for alcohol testing
306F. Random alcohol testing
306G. Giving samples for alcohol testing
306H. Failure to give sample for alcohol testing
Division 3 - Provisions about drug testing
306I. Dangerous drugs and targeted substances levels
306J. Circumstances for substance testing
306K. Random substance testing
306L. Giving sample for substance testing
306M. Failure to give sample for substance testing
Division 4 - What happens if a test result is positive
306N. Positive alcohol or substance test
306O. Effect of failure to comply
Division 5 - General
306P. Interfering with samples
306Q. Alcohol or drug test results generally inadmissible
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
311A. Dealing with amounts received for prisoners in particular cases
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 12A - DISCRIMINATION COMPLAINTS
Division 1 - Preliminary
319A. Definitions
319B. Purpose of part and its achievement
319C. Relationship with Anti-Discrimination Act
Division 2 - Restrictions on complaints
319D. No property or interest in right of complaint
319E. Complaint to chief executive required first
319F. (Repealed)
Division 3 - Modifications
319G. When treatment of offender by protected defendant is not direct discrimination
319H. When term imposed on offender by protected defendant is not indirect discrimination
319I. Restrictions on tribunal compensation orders
PART 12B - VICTIM TRUST FUNDS
Division 1 - Preliminary
319J. Definitions
319K. Relationship between divs 2 to 4 and div 5
Division 2 - Restrictions on causes of action and agreements
319L. No property or interest in causes of action
319M. No property or interest under agreements
Division 3 - Establishment of victim trust fund
319N. Relevant money held in trust in a victim trust fund
319O. Chief executive to be notified of victim trust fund
319P. Victim trust fund to be transferred to public trustee
319Q. Discharge of protected defendant
319R. Relevant money to form a separate victim trust fund
Division 4 - Distribution of victim trust fund
Subdivision 1 - Victim claims
319S. What is a victim claim
319T. Notice to potential claimants
319U. Identification of potential claimants
319V. Giving of information to potential claimants
319W. Starting of victim claims proceedings despite expiry of limitation period
319X. Notifying victim claims
319Y. Payment of eligible victim claims from victim trust fund
Subdivision 2 - Entity claims
319Z. What is an entity claim
319ZA. Notice to collection entities of establishment of victim trust fund
319ZB. Notice to collection entities if amount left in victim trust fund
319ZC. Notifying entity claims
319ZD. Payment of eligible entity claims from victim trust fund
Subdivision 3 - Payments to offender
319ZE. Payment to offender of victim trust fund surplus
319ZF. Payment to offender if no victim claims or entity claims against offender
Division 5 - Amounts not included in victim trust fund
319ZG. Exception for future medical expenses
319ZH. Exception for legal costs
319ZI. Orders in relation to relevant money
319ZJ. Agreements in relation to relevant money
Division 6 - Miscellaneous
319ZK. Amounts payable to public trustee for performance of functions
319ZL. Maximum legal costs of victim claims
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
324A. Right of eligible persons to receive particular information
325. Releasing other 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
340A. Sensitive information from law enforcement agencies
341. Confidential information
342. Commissioner to provide offender’s criminal history
343. Traffic history
344. Pre-sentence report
344AA. (Repealed)
PART 13A - USE OF DANGEROUS DRUGS FOR TRAINING
Division 1 - Preliminary
344A. Object of pt 13A
344B. Definitions for pt 13A
Division 2 - Drug control officers
344C. Appointment and qualifications
344D. Appointment conditions
344E. Issue of identity card
344F. Resignation
344G. Return of identity card
344H. Function and powers of drug control officer
Division 3 - Keeping and use of dangerous drugs for training
344I. Keeping dangerous drug for use in department training
344J. Making drug control direction
344K. Entering into agency arrangement
344L. Requirements for keeping of dangerous drugs for training purposes
Division 4 - Register of dangerous drugs for training
344M. Register of dangerous drugs for training
344N. Information to be recorded in the register of dangerous drugs for training
344O. Restriction on release of information from register of dangerous drugs for training
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—general
350A. Proceeding for offence against s 131A
350B. Maximum penalty for offence against s 131A dealt with summarily
350C. Appeal against decision to decide charge against s 131A summarily
351. Evidentiary aids
PART 15A - (Expired)
PART 15B - (Expired)
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
476A. (Repealed)
PART 9 - SAVING, TRANSITIONAL AND VALIDATING PROVISIONS FOR CORRECTIVE SERVICES ACT 2000
477. Purpose of pt 9
478. Provisions for sch 2
CHAPTER 7A - OTHER TRANSITIONAL PROVISIONS
PART 1 - 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
PART 2 - TRANSITIONAL PROVISIONS FOR CORRECTIVE SERVICES AND OTHER LEGISLATION AMENDMENT ACT 2008
478C. Definitions for pt 2
478D. Discrimination complaints not decided before commencement
478E. Relevant money awarded after commencement
478F. Legal costs of victim claims brought before commencement
PART 3 - TRANSITIONAL PROVISION FOR CRIMINAL CODE AND OTHER ACTS AMENDMENT ACT 2008
479. Reference in sch 1 to Criminal Code provision
PART 4 - TRANSITIONAL PROVISIONS FOR CORRECTIVE SERVICES AND OTHER LEGISLATION AMENDMENT ACT 2009
480. Definitions for pt 4
481. Existing order for reintegration leave
482. Existing order for resettlement leave
483. Existing approved resettlement leave programs
484. Existing applications for approval of resettlement leave programs
485. Previous expectations of prisoner about reintegration leave or resettlement leave
486. Application of ss 185A and 199(5)
487. Application of previous s 193(5)
488. Declarations for s 209
489. Application of s 245
490. Declarations for ss 311 and 311A
PART 5 - TRANSITIONAL PROVISION FOR CRIMINAL LAW AMENDMENT ACT 2012
490A. Application of amendment Act
PART 6 - TRANSITIONAL PROVISION FOR POLICE POWERS AND RESPONSIBILITIES (MOTOR VEHICLE IMPOUNDMENT) AND OTHER LEGISLATION AMENDMENT ACT 2013
490B. Application of amendment Act
PART 7 - TRANSITIONAL PROVISION FOR CRIMINAL LAW AND OTHER LEGISLATION AMENDMENT ACT 2013
490C. Application of amendment Act
PART 8 - TRANSITIONAL PROVISION FOR SAFE NIGHT OUT LEGISLATION AMENDMENT ACT 2014
490D. Application of s 182A
PART 9 - TRANSITIONAL PROVISIONS FOR SERIOUS AND ORGANISED CRIME LEGISLATION AMENDMENT ACT 2016
490E. Definition for part
490F. Prisoner classifications
490G. Keeping records
490H. Criminal organisation segregation orders
490I. Requirement for test sample before commencement
490J. Directions to identified participant
490K. Monitoring devices
PART 10 - TRANSITIONAL PROVISION FOR YOUTH JUSTICE AND OTHER LEGISLATION (INCLUSION OF 17-YEAR-OLD PERSONS) AMENDMENT ACT 2016
490L. Continued application of repealed s 18(2)
PART 11 - TRANSITIONAL PROVISIONS FOR CORRECTIVE SERVICES (PAROLE BOARD) AND OTHER LEGISLATION AMENDMENT ACT 2017
490M. Definitions for part
490N. Dissolution of Queensland Parole Board and regional boards
490O. Secretary of former board
490P. Existing instruments and decisions made by a former board
490Q. Existing applications made to a former board
490R. Review of a regional board’s decision
490S. Particular orders made by chief executive
490SA. Steps before appointing particular board members
490T. (Expired)
PART 12 - TRANSITIONAL PROVISIONS FOR CORRECTIVE SERVICES (NO BODY, NO PAROLE) AMENDMENT ACT 2017
490U. Application of s 193A
490V. Existing applications for parole order or applications under s 490R
PART 13 - TRANSITIONAL PROVISIONS FOR JUSTICE LEGISLATION (LINKS TO TERRORIST ACTIVITY) AMENDMENT ACT 2019
490W. Definition for part
490X. Existing applications for parole orders or applications under s 490R
490Y. Application of particular provisions to parole orders
PART 14 - TRANSITIONAL PROVISIONS FOR CORRECTIVE SERVICES AND OTHER LEGISLATION AMENDMENT ACT 2020
490Z. Definition for part
490ZA. Extending period for submissions from eligible person
490ZB. Deciding particular applications made before the commencement where victim’s body or remains have not been located
490ZC. Meetings about particular matters relating to parole orders
PART 15 - TRANSITIONAL PROVISIONS FOR POLICE POWERS AND RESPONSIBILITIES AND OTHER LEGISLATION AMENDMENT ACT 2021
490ZC. Definition for part
490ZD. Application of ch 5, pts 1AA and 1AB
490ZE. Existing applications for parole order
PART 16 - TRANSITIONAL PROVISIONS FOR CORRECTIVE SERVICES (EMERGING TECHNOLOGIES AND SECURITY) AND OTHER LEGISLATION AMENDMENT ACT 2023
490ZF. Changes to prisoner security classification
490ZG. Application of amended section 112
CHAPTER 7B - (Repealed)
CHAPTER 8 - REPEAL
491. Repeal
SCHEDULE 1
SCHEDULE 2
SCHEDULE 4
