CORRECTIONAL SERVICES ACT 1982

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 3 Objects and guiding principles
• 4 Interpretation
• 4A Appointment of officers of Department
• 5 Victims Register
• 6 Criminal intelligence

PART 2--Correctional services

Division 1--Administration

• 7 Power of Minister and CE to delegate
• 8 Use of volunteers in the administration of this Act
• 9 CE's annual report

Division 3--Visiting Tribunals

• 17 Establishment of Visiting Tribunals

Division 4--Community service administration

• 17A Establishment of community service centres
• 17D Insurance cover to be provided by Minister

Division 5--Probation hostels

• 17E Establishment of probation hostels

PART 3--Correctional institutions

Division 1--Establishment of correctional institutions

• 18 Governor may proclaim premises to be a prison or police prison
• 19 Correctional institutions to be under the control of the Minister

Division 2--Official visitors

• 19A Preliminary
• 19B Review
• 20 Official visitors
• 20A Independence
• 20B Remuneration
• 20C Staff and resources
• 20D Functions of official visitors
• 20E Provision of information to official visitor
• 20F Requests to contact official visitor
• 20G Reporting obligations of official visitor
• 20H Confidentiality of information
• 20I Offences
• 20J Conflict of interest

PART 4--Imprisonment

Division 1--Admission and assignment of prisoners

• 21A Documentation to be presented upon admission of a prisoner to a correctional institution
• 22 Assignment of prisoners to particular correctional institutions

Division 3--Assessment of prisoners

• 23 Initial and periodic assessment of prisoners

Division 4--Custody of prisoners

• 24 CE has custody of prisoners

Division 5--Transfer and leave of absence of prisoners

• 25 Transfer of prisoners
• 26 Prisoner may be temporarily detained in any other prison etc while in transit
• 27 Leave of absence from prison
• 27A Interstate leave of absence
• 28 Removal of prisoner for criminal investigation, attendance in court etc

Division 6--Management of prisoners

• 29 Work by prisoners
• 30 Prison education
• 31 Prisoner allowances and other money
• 32 CE may sell items of personal use to prisoners
• 32A Prisoner Amenity Account
• 33 Prisoners' mail
• 33A Prisoners' goods
• 34 Prisoners' rights to have visitors
• 35 Prisoners' rights to access to legal aid and legal services
• 35AA Assistance to make certain complaints
• 35A Power to monitor or record prisoner communication
• 36 Power to keep prisoner apart from other prisoners
• 36A Restraints to be used on prisoners in certain circumstances
• 37 Search of prisoners
• 37AA Drug testing of prisoners

Division 6A--Home detention

• 37A Release on home detention
• 37C Revocation of release
Subdivision 2--General
• 37CA Home detention officers
• 37D Crown not liable to maintain prisoners on home detention

Division 7--Release of prisoners from prison or home detention

• 38 Release of prisoner from prison or home detention
• 39 Time of release from prison
• 39A Delivery of property and money to prisoner on release
• 39B Manner in which former prisoner's personal property is to be dealt with
• 39C Certain prohibited items not to be returned to prisoners

PART 5--Offences

Division 1--Powers of Visiting Tribunals

• 41 Powers of Visiting Tribunals
• 42 Immunity from liability of persons who constitute Visiting Tribunals

Division 2--Breaches of regulations

• 42A Minor breach of prison regulations
• 43 CE may deal with breach of prison regulations
• 44 CE may refer matter to Visiting Tribunal
• 45 Procedure at inquiry
• 46 Appeals against penalty imposed by CE
• 47 Appeals against orders of Visiting Tribunals
• 48 Summary Procedure Act does not apply to proceedings under this Division

Division 3--Criminal offences

• 49 Disrupting security or order
• 49A Possession of certain items by prisoners

Division 4--Prisoners at large

• 50 Effect of prisoner being at large
• 50A Prisoner must comply with conditions to which temporary leave of absence is subject
• 51 Offences by persons other than prisoners
• 52 Power of arrest

PART 6--Parole

Division 1--The Parole Board

• 55 Continuation of Parole Board
• 56 Term of office of members
• 57 Allowances and expenses
• 58 Removal from and vacancies of office
• 59 Deputies
• 60 Proceedings of the Board
• 60A Validity of acts of Board
• 61 Judicial notice of Board documents
• 62 Appointment of secretary to the Board
• 63 Powers of the Board
• 64 Reports by Board

Division 3--Release on parole

• 66 Automatic release on parole for certain prisoners
• 67 Release on parole by application to Board
• 68 Conditions of release on parole
• 68A Board may direct person to surrender firearm etc
• 69 Duration of parole
• 71 Variation or revocation of parole conditions
• 72 Discharge from parole of prisoners other than life prisoners
• 74 Board may take action for breach of parole conditions
• 74AAA Board may suspend release on parole or take other action for certain breaches of parole conditions
• 74AA Board may impose community service for breach of conditions
• 74A Suspension of parole while serving imprisonment for offence committed before release on parole
• 74B Suspension of parole if person becomes a terror suspect
• 75 Automatic cancellation or suspension of parole on imprisonment for offence committed while on parole
• 76 Apprehension etc of parolees on Board warrant
• 76A Apprehension etc of parolees on application of CE
• 76B Arrest of parolee by police officer
• 77 Proceedings before the Board
• 77AA Special procedures for terror suspects

Division 4--Review of release on parole of certain prisoners

• 77A Interpretation
Subdivision 2--Parole Administrative Review Commissioner
• 77B Appointment of Commissioner
• 77C Acting Commissioner
• 77D Staff
Subdivision 3--Reviews by Commissioner
• 77E Right of review of Board decision to release life prisoners on parole etc
• 77F Effect of review proceedings on Board's decision
• 77G Proceedings to be heard in private
• 77H Board to assist Commissioner
• 77I Parties
• 77J Compulsory conferences for prescribed reviewable decisions
• 77K Powers and procedures of Commissioner
• 77L Commissioner to proceed expeditiously
Subdivision 4--Other matters
• 77M Immunity from liability
• 77N Privilege and public interest immunity not affected
• 77O Confidentiality of information
• 77P Proof of decision of Commissioner

PART 6A--Management of officers, employees of Department etc

• 77Q Preliminary
• 77R Investigative powers of CE
• 77S Removal and reassignment of duties of officer or employee working in correctional institution

PART 7--Prisoner compensation quarantine funds

Division 1--Preliminary

• 78 Interpretation
• 79 Application

Division 2--Award of damages to prisoners

• 80 Agreements must be approved by court
• 81 Determination of amounts for medical and legal costs
• 81A Matters to be considered by court

Division 3--Payment of money to prisoner compensation quarantine fund

• 81B Damages awarded to prisoner to be paid to prisoner compensation quarantine fund
• 81C Prisoner compensation quarantine funds

Division 4--Notice of prisoner compensation quarantine fund

• 81D Victim may ask to be notified of award of damages to prisoner
• 81E Notice to victims to be published
• 81F Applications for information
• 81G Disclosure of information by CE authorised
• 81H Confidentiality of information
• 81I Offence to disclose information
• 81J Notice to CE by victim
• 81K Notice to CE by creditors

Division 5--Payments out of prisoner compensation quarantine fund

• 81L Payments out of fund where legal proceedings notified
• 81M Payments out of fund where notice from creditor received
• 81N Restriction not to affect payment of administration costs
• 81O Payments out of fund where no notice given
• 81P Payments taken to be payments at direction of prisoner
• 81Q When are legal proceedings finally determined?

Division 6--Miscellaneous

• 81R Offence to provide false or misleading information

PART 7A--Drug and alcohol testing scheme

• 81S Interpretation
• 81T Drug and alcohol testing of officers and employees
• 81U Drug and alcohol testing of applicants to Department
• 81V Drug and alcohol testing of other persons
• 81W Procedures for drug and alcohol testing
• 81X Biological samples, test results etc not to be used for other purposes

PART 8--Miscellaneous

• 82 Unauthorised dealings with prisoners prohibited
• 83 CE may make rules
• 84 Compliance with the execution of process
• 85 Execution of warrants
• 85A Exclusion of persons from correctional institution
• 85B Power of search and arrest of non-prisoners
• 85C Confidentiality
• 85CA Disclosure of health information
• 85CB Disclosure of information relating to criminal history
• 85D Release of information to eligible persons
• 85E Confidentiality of biometric data
• 86 Prison officers may use reasonable force in certain cases
• 86AA Prohibition on use of spit hoods
• 86A Prison officer may carry prescribed weapon
• 86B Use of correctional services dogs
• 87 Certain persons may enter and inspect correctional institutions
• 87A Operation of remotely piloted aircraft
• 87B Remotely piloted aircraft--special powers
• 88 Minister may acquire land
• 88A Summary offences
• 88B Evidentiary provision
• 89 Regulations
• SCHEDULE 1--Application of Truth in Sentencing Act amendments
Legislative history