South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"Aboriginal people" means the people who inhabited Australia before European
colonisation;
"Aborigine" means a descendant of the Aboriginal people who is accepted as a
member by a group in the community who claim descent from the
Aboriginal people;
"the Advisory Council" means the Correctional Services Advisory Council;
"alcotest" means a test, by means of apparatus approved for the purpose of
conducting alcotests under the Road Traffic Act 1961 , by which the
presence of alcohol in the blood of a person who exhales into the apparatus is
indicated;
"analyst" has the same meaning as in the Controlled Substances Act 1984 ;
"biological sample" means a sample of urine, saliva or sweat;
"the Board" means the Parole Board of South Australia;
"the Chief Executive Officer" means the person holding or acting in the
position of Chief Executive Officer of the Department;
"child sexual offence" means an offence under the Criminal
Law Consolidation Act 1935 of the following kind committed against or in
relation to a child under 16 years of age (including a substantially similar
offence against a corresponding previous enactment or the law of another
place):
(a)
rape;
(ab)
compelled sexual manipulation;
(b)
indecent assault;
(ba)
persistent sexual exploitation of a child;
(c)
incest;
(d) an
offence involving unlawful sexual intercourse;
(e) an
offence involving an act of gross indecency;
(f) an
offence involving child prostitution;
(g) an
offence involving indecency or sexual misbehaviour including an offence
against Part 3 Division 11A of the Criminal Law Consolidation Act 1935 or
against section 23 or 33 of the Summary Offences Act 1953 ;
(h) an
attempt to commit, or assault with intent to commit, any of the offences
referred to in the above paragraphs;
(i)
any other offence (such as homicide or abduction), if
there are reasonable grounds to believe that any of the offences referred to
in the above paragraphs was also committed by the same person against or in
relation to the child in the course of, or as part of the events surrounding,
the commission of the offence;
"community corrections officer" means an officer or employee of the Department
whose duties include the supervision of offenders in the community;
"contempt prisoner" means a person committed to prison, or sentenced to
imprisonment, for failure to comply with an order for the payment of a
pecuniary sum, or for contempt of court;
"correctional institution" means a prison or police prison;
"the Department" means the Department for Correctional Services;
"designated condition", in relation to release on parole, means a condition of
the parole that is designated by the Board as a condition the breach of which
will result in automatic cancellation of parole;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"drug" means—
(a)
alcohol; or
(b) a
substance that is a prescription drug or a controlled drug under the
Controlled Substances Act 1984 ;
"drug test" means an alcotest or a prescribed procedure; and
"drug testing" has a corresponding meaning;
"immediate family" of a victim means—
(a) a
spouse or domestic partner;
(b) a
parent;
(c) a
grandparent;
(d) a
child (including an adult child);
(e) a
grandchild (including an adult grandchild);
(f) a
brother or sister;
"injury" means physical or mental injury, and includes pregnancy, mental shock
and nervous shock;
"magistrate" means a magistrate appointed under the Magistrates Act 1983
;
"manager", in relation to a correctional institution, means the person for the
time being in charge of the institution;
"nearest police station", in relation to a person who has been arrested
without warrant under this Act, means the police station nearest to the place
of arrest at which facilities are continuously available for the care and
custody of the person arrested;
"non-parole period" means a period fixed by a court as a period during which a
prisoner may not be released on parole;
"parent" includes a person who stands in the position, and undertakes the
responsibilities, of a parent;
"police prison" means premises declared to be a police prison under Part 3;
"prescribed procedure" means a procedure, prescribed by regulation, consisting
of the taking of a biological sample from a person for analysis for the
purpose of ascertaining the presence of a drug in the body of the person from
whom the sample was taken;
"prison" means premises declared to be a prison under Part 3;
"prisoner" means a person committed to a correctional institution pursuant to
an order of a court or a warrant of commitment;
"registered victim" includes a member of a victim's immediate family whose
name is entered in the Victims Register;
"remand prisoner" means a person remanded in custody awaiting trial or
sentence;
"sentence of indeterminate duration" means detention in custody until further
order of a court;
"sexual offence" means an offence under the Criminal Law
Consolidation Act 1935 of the following kind (including a substantially
similar offence against a corresponding previous enactment or the law of
another place):
(a)
rape;
(ab)
compelled sexual manipulation;
(b)
indecent assault;
(ba)
persistent sexual exploitation of a child;
(c)
incest;
(d) an
offence involving unlawful sexual intercourse;
(e) an
offence involving an act of gross indecency;
(f) an
offence against Part 3 Division 12 of the Criminal Law
Consolidation Act 1935 ;
(g) an
attempt to commit, or assault with intent to commit, any of the offences
referred to in the above paragraphs;
(h) any
other offence (such as homicide or abduction), if there are reasonable grounds
to believe that a sexual offence was also committed by the same person in the
course of, or as part of the events surrounding, the commission of that
offence,
and includes any other offence that is a child sexual offence;
"spouse"—a person is the spouse of another if they are legally married;
"victim" of an offence means a person who suffers injury as a result of the
offence;
"Victims Register"—see section 5;
"VIC levy" means a levy imposed under the Victims of Crime Act 2001 or a
corresponding previous law;
"Visiting Tribunal", in relation to a correctional institution, means a
Visiting Tribunal established under this Act in respect of that institution.