• Specific Year
    Any

CORRECTIONS ACT 1986 - SECT 104I Officers may use force to enforce directions in certain circumstances

CORRECTIONS ACT 1986 - SECT 104I

Officers may use force to enforce directions in certain circumstances

S. 104I(1) amended by No. 52/2015 s. 45(1).

    (1)     The Regional Manager, a community corrections officer or a specified officer may use reasonable force to compel the monitored person, while at the community corrections centre, to obey a direction if he or she believes on reasonable grounds that the use of force is necessary—

        (a)     to prevent the person or another person being killed or seriously injured; or

        (b)     to prevent serious damage to property.

S. 104I(1A) inserted by No. 52/2015 s. 45(2).

    (1A)     In compelling the monitored person under subsection (1) to obey a direction, a specified officer may apply an authorised instrument of restraint to the monitored person if the specified officer believes on reasonable grounds that the application of the instrument of restraint is necessary to prevent the monitored person or another person being killed or seriously injured.

S. 104I(2) amended by No. 52/2015 s. 45(3).

    (2)     If a community corrections officer or specified officer uses force to compel the person to obey a direction, he or she must report that fact to his or her Regional Manager as soon as possible.

S. 104I(2A) inserted by No. 52/2015 s. 45(4).

    (2A)     If a specified officer applies an authorised instrument of restraint to compel the person to obey a direction, the specified officer must report that fact to the specified officer's Regional Manager as soon as possible.

    (3)     The Regional Manager must as soon as possible report to the Secretary

        (a)     the use of force by the Regional Manager to compel the monitored person to obey a direction; and

S. 104I(3)(b) amended by No. 52/2015 s. 45(5)(a)(b).

        (b)     any use of force by a community corrections officer or specified officer to compel the monitored person to obey a direction that has been reported to the Regional Manager; and

S. 104I(3)(c) inserted by No. 52/2015 s. 45(5)(c).

        (c)     any application of an authorised instrument of restraint by a specified officer to compel the monitored person to obey a direction that has been reported to the Regional Manager.

S. 104I(4) inserted by No. 57/2016 s. 12.

    (4)     A Regional Manager, a community corrections officer or a specified officer who uses force in accordance with this section is not liable for injury or damage caused by that use of force.

S. 104I(5) inserted by No. 57/2016 s. 12.

    (5)     A specified officer who applies an instrument of restraint in accordance with this section is not liable for injury or damage caused by that application.

S. 104J inserted by No. 81/2005 s. 9.