CORRECTIVE SERVICES ACT 2006 - SECT 21 Medical examination or treatment

CORRECTIVE SERVICES ACT 2006 - SECT 21

21 Medical examination or treatment

(1) If it is reasonably practicable in the circumstances, before a health practitioner carries out a medical examination or treatment of a prisoner, the health practitioner must tell the prisoner the following—

(a) the health practitioner considers the prisoner requires the medical examination or treatment;

(b) the health practitioner’s reasons for requiring the examination or treatment;

(c) what the examination or treatment will involve.

(2) A prisoner must submit to an examination by a health practitioner if the chief executive orders the examination to decide—

(a) the prisoner’s security classification; or

(b) where to place the prisoner; or

(c) whether to transfer the prisoner to another place; or

(d) the prisoner’s suitability to participate in an approved activity, course or program; or

(e) the prisoner’s suitability for leave of absence, early discharge or release.

(3) A prisoner must submit to—

(a) examinations by psychiatrists as required—

(i) under a risk assessment order under the Dangerous Prisoners (Sexual Offenders) Act 2003 , section 8 (2) (a) ; or

(ii) by the chief executive, if the chief executive must arrange for the examinations under section 29 of that Act; or

Note—

The Dangerous Prisoners (Sexual Offenders) Act 2003 , section 29 deals with psychiatric reports for reviewing continuing detention orders.

(b) an examination by 2 or more medical practitioners as directed by a judge under the Criminal Law Amendment Act 1945 , section 18 .

Note—

The Criminal Law Amendment Act 1945 , section 18 deals with the detention of persons incapable of controlling sexual instincts.

(4) For a medical examination or treatment of a prisoner, a health practitioner may—

(a) take a sample of the prisoner’s blood or another bodily substance; or

(b) order the prisoner to provide a sample of the prisoner’s urine or another bodily substance, including, for example, hair or saliva, and give the prisoner directions about the way in which the sample must be provided.

(5) A prisoner must comply with an order made, or direction given, under subsection (4) (b) .

(6) A health practitioner may authorise another person to examine or treat a prisoner in a corrective services facility if—

(a) the health practitioner—

(i) is authorised or required to carry out the examination or give the treatment under this Act; or

(ii) would, if qualified to carry out the examination or give the treatment, be so authorised or required; and

(b) the other person is qualified to carry out the examination or give the treatment.

(7) In this section—


"prisoner" does not include a prisoner released on parole.