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CORRECTIONS ACT 1986 - SECT 90 Powers and duties of officers

CORRECTIONS ACT 1986 - SECT 90

Powers and duties of officers

S. 90(1) amended by No. 45/1996 s. 17(Sch. 1 item 57).

    (1)     An officer must, when required by the Secretary, make reports and returns and keep records and give those reports, returns and records to the Secretary or to any person or body stated in the requirement.

S. 90(2) amended by No. 45/1996

s. 17(Sch. 1 item 57).

    (2)     An officer must, when required by the Secretary

        (a)     report to a court concerning an offender or a person who comes before the court for sentencing or where the court is considering giving a person a bond; and

        (b)     report to the Adult Parole Board concerning an offender.

S. 90(2A) inserted by No. 10/2013 s. 30(1).

    (2A)     An officer, when required by the Secretary, must provide oral or written information to the Secretary in relation to the management, security or good order of a location or the safety and welfare of offenders at a location.

    (3)     An officer working at a location

        (a)     must not jeopardize the security or the good order of the location; and

        (b)     must report immediately to the Regional Manager anything which might reasonably be thought to jeopardize the security or the good order of the location.

    (4)     In relation to officers within the meaning of paragraph (e) of the definition of "officer" in section 85

S. 90(4)(a) substituted by No. 10/2013 s. 30(2).

        (a)     subsections (1), (2) and (2A) apply as if they referred to reports, returns, records and oral or written information concerning the security of locations only; and

        (b)     subsection (3) applies as if it did not include references to good order.

    (5)     An officer in charge of a location or part of a location must take all reasonable steps for the security and management of, and the safety and welfare of offenders at the location or part of the location.

    (6)     An officer may give such directions to offenders as are necessary for the management good order or security of a location.

S. 90(7) amended by No. 81/2005 s. 8(a)(b).

    (7)     A Regional Manager or a community corrections officer may use reasonable force to compel an offender to obey a direction, if he or she believes on reasonable grounds that the use of force is necessary—

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

        (b)     to prevent serious damage to property.

    (8)     If a community corrections officer uses force to compel an offender to obey a direction, the officer must report the fact to the Regional Manager as soon as possible.

S. 90(9) amended by No. 45/1996

s. 17(Sch. 1 item 57).

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

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

        (b)     the use of force by a community corrections officer, if that officer has reported the fact to the Regional Manager.

S. 90(10) inserted by No. 57/2016 s. 10.

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

S. 91 amended by Nos 45/1996 s. 17(Sch.  1 item 58), 35/2002 s. 8(3), repealed by No. 10/2013 s. 31.

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