CORRECTIONS ACT 1997

Table of Provisions

PART 1 - Preliminary

• 1 Short title
• 2 Commencement
• 3 Interpretation
• 4 Guiding principles
• 4A Inconsistency with Mental Health Act 2013

PART 2 - Administration

• 5 Appointment of Director and other persons
• 5A Appointment of interstate correctional officers and probation officers
• 6 Powers and duties of Director
• 7 Delegation
• 8 Confidentiality
• 8A Surrender of prison service equipment, &c.

PART 3 - Establishment and control of prisons Division 1 -

• 9 Establishment of prisons

Division 2 - Access to prison

• 10 Official visitors
• 11 Visits by judges, magistrates, &c.
• 12 Visits
• 13 Power of Director to approve certain organisations
• 14 Visits by members of approved organisations
• 15 Exclusion of visitors for security reasons
• 16 Visits by legal practitioners and their assistants
• 17 Visits by police
• 18 Visitors to give prescribed information
• 19 Director may refuse or terminate visits for security reasons
• 20 Formal searches
• 21 Removal of persons from prison
• 22 Searches and examinations
• 22A Use of detector dogs
• 23 Seizure
• 24 Prohibition against bringing unauthorised articles and things into
prisons
• 25 Children
• 25A Power of arrest

PART 4 - Custody and treatment of prisoners and detainees

• 26 Circumstances in which prisoners, &c., are in custody of
Director, &c.
• 27 Removal of prisoners and detainees into control of Director
• 28 Random testing and searching of prisoners and detainees
• 29 Rights of prisoners and detainees
• 30 Medical tests for HIV, &c.
• 31 Treatment of sex offender prisoners
• 32 Section 32
• 33 Work
• 34 Payment for prisoners' work, &c.
• 34AA Hire of extra equipment
• 34AB Business activities
• 34AC Change of name

PART 4A - Use of Force

• 34A Managing use of force
• 34B Authorised use of force
• 34C Application of force
• 34D Use of restraints or weapons
• 34E Medical examination after use of force
• 34F Reporting use of force

PART 4B - Use of Mechanical Restraints not Requiring Force

• 34G Application of Part
• 34H Managing the use of mechanical restraints
• 34I Authorised use of mechanical restraints

PART 5 - Transfers, removals and temporary absences from prison of

• 35 Approval of hospitals and institutions
• 36 Removal of prisoners and detainees to other prisons and to
hospitals, &c.
• 36A Removal of prisoners and detainees to secure mental health units
• 36B Appeal against direction under section 36A
• 37 Bringing of prisoners and detainees before courts
• 37A Presence at taking of certain depositions
• 38 Removal of prisoners and detainees in aid of administration of
justice
• 39 Effect of directions, requirements and orders under sections 36, 36A,
36B, 37, 37A and 38
• 40 Custody of prisoners and detainees removed pursuant to sections 36,
36A, 37, 37A and 38
• 41 Authorisation to be absent from prison
• 42 Leave permits
• 43 Revocation of leave permits
• 44 Alteration of leave permits
• 45 Provisions applicable to persons holding leave permits, &c.
• 46 Arrangements with Commonwealth

PART 6 - Interstate leave of absence for prisoners

• 47 Interpretation: Part 6
• 48 Interstate laws
• 49 Interstate leave permit
• 50 Effect of interstate leave permit
• 51 Variation or revocation of interstate leave permit
• 52 Breach of interstate leave permit
• 53 Notice to participating State and transit States
• 54 Effect of permit issued under interstate law
• 55 Escape from custody of prisoner on leave of absence
• 56 Escape from custody – penalty

PART 7 - Prison Discipline

• 57 Disciplinary officers
• 58 Prison offences
• 59 Procedure in dealing with allegations of commission of prison
offences
• 60 Appeals against decision of disciplinary officer
• 61 Penalties which may be imposed on prisoner or detainee

PART 8 - Parole Division 1 - Parole Board

• 62 Establishment of Parole Board
• 63 Powers of Board
• 64 Reports
• 65 Judicial notice
• 66 Secretary and other officers
• 67 Protection of members of Board and other persons

Division 2 - Eligibility for parole

• 68 Statutory non-parole period
• 69 Prisoner not to be released on parole in certain circumstances
• 70 Where prisoner eligible for parole
• 71 Prisoner subject to more than one non-parole period or other minimum
term
• 72 Release on parole
• 73 Orders and documents signed on behalf of Board
• 74 Reports on prisoners eligible for parole
• 75 Period of parole
• 76 Sentences for offences committed during release on parole
• 77 Effect of parole orders
• 78 Prisoner on parole taken to be still under sentence
• 79 Power of Board to revoke parole orders, &c.
• 80 Warrants for return of prisoners to prison
• 81 Authority of warrant
• 82 Power of Board to release prisoner on parole after previous
revocation
• 83 Board to determine its own procedures in relation to certain matters

Division 2A - Parole for terrorism-linked prisoners or prisoners

• 83AA Interpretation of Division 2A
• 83AB Release on parole where prisoner is terrorism-linked prisoner or has
promoted terrorist act
• 83AC Revocation of parole where prisoner is terrorism-linked prisoner or
has promoted terrorist act
• 83AD Arrest where prisoner on parole is terrorism-linked prisoner or has
promoted terrorist act
• 83AE Information and access to proceedings, &c.

Division 3 - Miscellaneous

• 83A Part 8 does not apply to youth serving period of detention
• 83B Application of Part 8 to prisoner in detention centre
• 83BA Application of Part 8 to person in secure mental health unit

PART 9 - Miscellaneous

• 83C Treatment of prisoner in detention centre and youth in prison
• 83D Treatment of migration detainees
• 84 Proof that person is prisoner or detainee
• 85 Warrant of commitment not void by reason of formal defect
• 86 Remissions
• 87 Special management days
• 87A Eligible persons register
• 87B Releasing information
• 87C Disclosure of critical health information by health officials
• 88 Community corrections programs
• 89 Preservation of Royal prerogative of mercy
• 90 Regulations
• 91 Repeal
• 92 Savings and transitional provisions
• 92A Savings and transitional provisions in relation to amendments made by
Terrorism (Restrictions on Bail and Parole) Act 2018
• 92AB Section 92AB
• 92B Savings and transitional provisions in relation to Corrections
Amendment (Prisoner Remission) Act 2019
• 93 Administration of Act
SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4

[ Note: This table has been automatically generated and may be incomplete. ]