CORRECTIVE SERVICES ACT 2006 - SECT 124
Other offences
CORRECTIVE SERVICES ACT 2006 - SECT 124
Other offences
124 Other offences
(1) A prisoner must not—
(a) prepare to escape from lawful custody; or
Note—
See the Criminal Code , section 142 for the offence of escaping from
lawful custody.
(b) assault or obstruct a staff member who is performing a
function or exercising a power under this Act or is in a corrective services
facility; or
(c) disobey a lawful direction of the proper officer of a court
or a person assisting the proper officer of a court; or
(d) organise, attempt
to organise or take part in any opposition to authority under this Act,
whether inside or outside a corrective services facility; or
(e) threaten to
do grievous bodily harm to someone else; or
(f) unlawfully kill or injure, or
attempt to unlawfully kill or injure, a corrective services dog; or
(g)
obstruct a corrective services dog working under the control of a corrective
services officer who is performing duties under this Act; or
(h) assume
another identity, or disguise himself or herself, in order to commit an
offence against this Act; or
(i) wilfully and unlawfully destroy, damage,
remove or otherwise interfere with any part of a corrective services facility
or any property in the facility; or
(j) without lawful authority, abstract or
remove information from, copy or destroy information in, or make a false entry
in, a record kept under this Act; or
(k) without reasonable excuse, be
unlawfully at large; or
(l) without reasonable excuse, be in a
restricted area of a corrective services facility.
Penalty—
Maximum
penalty—2 years imprisonment.
(2) If a prosecution for an offence against
subsection (1) (l) relates to a restricted area prescribed by regulation and
access to the area is not controlled by a corrective services officer, the
prosecution must prove the prisoner was given sufficient warning to inform the
prisoner that the area is a restricted area or that the prisoner must not
access the area.
(3) Without limiting subsection (2) , a prisoner is taken to
have been given a warning informing the prisoner of the restricted area at a
corrective services facility if—
(a) a notice is displayed in the area
identifying it as a restricted area; or
(b) the prisoner was informed, when
admitted to the facility, about the restricted areas for the facility; or
(c)
a corrective services officer gave the prisoner a direction not to access the
area.
(4) In this section—
"restricted area" , for a corrective services facility, means—
(a) each roof
of the facility; or
(b) any other part of the facility prescribed by
regulation for this definition.