{"id":"correctional-services-act-2014","name":"Correctional Services Act 2014","slug":"correctional-services-act-2014","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29970,"registerId":"nt-correctional-services-act-2014-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"3","sectionType":"section","heading":"Application of Criminal Code","content":"3 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 3\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n\nCorrectional Services Act 2014 2\n","sortOrder":0},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn this Act:\nacting in an official capacity, in relation to a correctional services\nofficer, means the officer is exercising powers or performing\nfunctions under, or otherwise related to the administration of, this\nAct.\nadministrative home detention permit, see section 132.\nadult prisoner means a prisoner who is not a youth prisoner.\nallowable item, see section 44.\napproved identification system means a system approved under\nsection 194(1).\napproved monitoring device, see section 165.\napproved residence:\n(a) for Part 3.3, Division 5 – see section 131; or\n(b) for Part 4.1 – see section 165.\nCEO Health, see section 81.\nCommissioner means the Commissioner of Correctional Services\nappointed under section 17(1).\nCommissioner's Directions means directions issued under\nsection 205(1).\ncommitted or remanded into the custody of the Commissioner,\nsee section 8(1).\ncommunity based order, see section 165.\ncommunity correction order, see section 165.\ncommunity correctional facility means a facility declared under\nsection 15(1) to be a community correctional facility.\ncommunity custody order, see section 165.\ncommunity work order, see section 165.\n\nCorrectional Services Act 2014 3\nconnected with an offence, in relation to a thing, means that the\nthing:\n(a) was, is being, or is intended to be, used for the purpose of\ncommitting the offence; or\n(b) provides evidence of the commission of the offence.\ncorrectional centre means a place declared under section 12(1) to\nbe a correctional centre.\ncorrectional officer means a person appointed under\nsection 24(1).\ncorrectional services dog means a dog approved under\nsection 35(1)(a) as a correctional services dog.\ncorrectional services establishment, see section 11.\ncorrectional services officer, see section 16.\ncorresponding Commissioner, see section 120.\ncorresponding interstate law, see section 120.\ncorresponding permit, see section 120.\ncourt custody centre, see section 14.\ncustodial correctional facility, see section 11(1)(a).\ndecision maker, see section 68.\nforeign legal matters leave permit, see section 130(2).\ngeneral leave permit, see section 118(1).\nGeneral Manager, see section 10.\nhealth care, see section 81.\nhealth practitioner means a person registered under the Health\nPractitioner Regulation National Law to practise in a health\nprofession (other than as a student).\nhome detention order, see section 165.\nimmigration detainee, see section 6(2).\nintensive community correction order, see section 165.\n\nCorrectional Services Act 2014 4\ninterstate custodial leave permit, see section 120.\ninterstate escort, see section 120.\ninterstate prisoner, see section 120.\nintimate search, see section 49(1).\nlaw enforcement agency means one of the following:\n(a) the Police Force of the Northern Territory;\n(b) the Police Force of the Commonwealth or a State;\n(c) the Australian Crime Commission established by section 7 of\nthe Australian Crime Commission Act 2002 (Cth);\n(d) a body established under a law of the Territory, the\nCommonwealth or a State, that performs one or more of the\nfollowing functions:\n(i) preventing, detecting or investigating the commission of\noffences;\n(ii) executing or implementing a decision, direction, order or\nother requirement of a court, tribunal, or judicial officer\n(including executing warrants).\nlawful custody of the Commissioner, see section 9(1).\nleave permit, see section 109(1).\nlegal item, see section 151.\nmail means a letter or parcel, sent or delivered by any means.\nmisconduct decision, see section 68.\nmisconduct proceedings, see section 71(1).\nmobile communications device includes the following:\n(a) a mobile phone or other device that is\ntelecommunication-enabled or internet-enabled;\n(b) any part of a mobile phone or device;\n\nCorrectional Services Act 2014 5\n(c) any equipment or other thing used in connection with a mobile\nphone or device.\nNote for definition mobile communications device\nThis does not include a device that is capable of being made\ntelecommunication-enabled or internet-enable if it is in fact not so enabled.\nmonitored, for Part 3.2, Division 2, see section 103.\nmonitoring device, see section 165.\nmonitoring order, see section 166(2).\nnominated examiner, see section 151.\nnon-custodial offender, see section 7.\nnon-custodial order, see section 166(1).\nnon-custodial work order, see section 166(3).\nobserved, for Part 3.2, Division 1, see section 94.\noffender, see section 5.\nofficial visitor means a person appointed under section 26.\nparole order means an order made by the Parole Board under\nsection 5 of the Parole Act 1971.\nparticipating State, see section 120.\npolice custody centre, see section 13.\nprescribed alcohol/drug test means a test prescribed as\nmentioned under section 195(1)(a).\nprescribed sampler, for a prescribed alcohol/drug test, means a\nperson prescribed for the test as mentioned under\nsection 195(1)(b).\npriority/legal call, see section 103.\npriority/legal visit, see section 94.\npriority visitor, see section 94.\nprisoner, see section 6.\nprobation and parole officer means a person appointed under\nsection 25(1).\n\nCorrectional Services Act 2014 6\nprohibited thing means a thing (including information) to which\none or more of the following applies:\n(a) it is offensive, indecent, obscene, threatening or abusive;\n(b) it is a mobile communications device;\n(c) it might reasonably constitute a threat to national security;\n(d) it might reasonably constitute a threat to the security and good\norder of a custodial correctional facility or a prisoner;\n(e) possession of it is unlawful under a law of the Territory, the\nCommonwealth or a State;\n(f) it is reasonable to infer from possession of it, an intention to\nfacilitate, incite, or use the thing in connection with, an\nunlawful activity;\n(g) it may have a detrimental influence or effect on a prisoner;\n(h) if it is written – it is in a language other than English or in code,\nand is not readily translatable to English;\n(i) it is declared to be a prohibited thing by:\n(i) the Regulations; or\n(ii) the Commissioner's Directions; or\n(iii) for a custodial correctional facility – the General\nManager under section 160.\nNote for definition prohibited thing\nThis definition is modified by sections 175(3) and 182(3) for those sections.\nprotected correspondent, see section 151.\nprotected item, see section 151.\nprotected/legal item, see section 151.\nrecorded, for Part 3.2, Division 1, see section 94.\nreasonably necessary, in relation to the use of force, see\nsection 138(2).\nRegional Manager, of a region, means a person appointed under\nsection 23(1) for the region.\n\nCorrectional Services Act 2014 7\nrelease date, for a prisoner other than an immigration detainee,\nmeans the date on which the prisoner ceases, or will cease, to be a\nreviewer, see section 68.\nsentenced prisoner means a person who is a prisoner under\nsection 6(1)(b).\nspecial correctional officer means a special correctional officer\nappointed under section 25B.\nspecial correctional services officer, for Part 2.2, Division 4, see\nsection 25A.\nspecial probation and parole officer means a special probation\nand parole officer appointed under section 25C.\nState, see section 120.\ntrust account, for a prisoner, means the trust account maintained\nfor the prisoner under section 161.\nunlawfully absent, see section 9(2).\nvisitor means a person who is at a custodial correctional facility\nand who:\n(a) is not a prisoner; and\n(b) is not a correctional services officer, or employee of the\nAgency, acting in the course of his or her duties.\nvolunteer means a person approved under section 34(1).\nyouth, see section 6 of the Youth Justice Act 2005.\nyouth detainee means a detainee as defined in section 5(1) of the\nYouth Justice Act.\nyouth detention centre means a detention centre, as defined in\nsection 5(1) of the Youth Justice Act 2005.\nyouth prisoner means a person who is a prisoner under\nsection 6(1)(a) or (b) and is a youth.\nNote for section 4\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n\nCorrectional Services Act 2014 8\n","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Offenders","content":"5 Offenders\nEach of the following is an offender:\n(a) a prisoner, who may be:\n(i) a youth prisoner; or\n(ii) an adult prisoner;\n(b) a non-custodial offender.\n","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Prisoners","content":"6 Prisoners\n(1) A person is a prisoner if the person:\n(a) has been committed or remanded into the custody of the\nCommissioner by an order that is in force; or\n(b) is under a sentence of imprisonment but is not a non-custodial\noffender; or\n(c) is a detainee under the Serious Sex Offenders Act 2013; or\n(d) is an immigration detainee.\nExamples for subsection (1)(b)\nExamples of persons who are under sentence of imprisonment but are\nnon-custodial offenders include:\n(a) a person who has been released under a parole order; and\n(b) a person whose sentence of imprisonment has been suspended.\n(2) A person is an immigration detainee if:\n(a) the person is:\n(i) in immigration detention (as defined in section 5 of the\nMigration Act 1958 (Cth)); and\n(ii) being restrained or held by or on behalf of an officer (as\ndefined in section 5 of that Act) who is a correctional\nservices officer; or\n(b) the person would be an immigration detainee under\nparagraph (a) but for the fact that the person has escaped\nfrom detention.\n\nCorrectional Services Act 2014 9\n(3) To avoid doubt, a person mentioned in subsection (1)(a), (b) or (c)\nis a prisoner:\n(a) whether or not a warrant of commitment has been issued; and\n(b) even if the person is not at a custodial correctional facility.\n","sortOrder":3},{"sectionNumber":"7","sectionType":"section","heading":"Non-custodial offenders","content":"7 Non-custodial offenders\nA person is a non-custodial offender if the person is subject to a\nnon-custodial order.\n","sortOrder":4},{"sectionNumber":"8","sectionType":"section","heading":"Committal or remand into the custody of the Commissioner","content":"8 Committal or remand into the custody of the Commissioner\n(1) For this Act, a person is committed or remanded into the\ncustody of the Commissioner if a court, or a person or other body\nwith authority to do so, orders that the person:\n(a) is committed or remanded into the custody of the\n(b) is committed or remanded to a, or to a particular, custodial\ncorrectional facility (however described); or\n(c) is committed to custody.\n(2) However, subsection (1)(c) does not apply:\n(a) in relation to a youth; or\n(b) if the person is committed to the custody of the sheriff by a\ncourt exercising civil jurisdiction or in proceedings for\ncontempt; or\n(c) if the person is committed to custody at a specified place, or to\nthe custody of a specified person.\nExample for subsection (2)(c)\nA person committed under section 43ZA(1)(a)(ii) of the Criminal Code to a place\nthe court considers appropriate. Such a person is not committed or remanded\ninto the custody of the Commissioner.\n","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"Lawful custody and unlawful absence","content":"9 Lawful custody and unlawful absence\n(1) A prisoner is in the lawful custody of the Commissioner if the\nprisoner:\n(a) is at a custodial correctional facility; or\n(b) is at a health care facility under section 86; or\n\nCorrectional Services Act 2014 10\n(c) is attending court; or\n(d) is working at a place outside a custodial correctional facility as\nmentioned in section 54; or\n(e) is being transported to a custodial correctional facility, or\nbetween 2 places mentioned in paragraphs (a) to (d); or\n(f) is absent from a custodial correctional facility as authorised by\na leave permit as mentioned in section 109(2); or\n(g) is absent from a custodial correctional facility under other\nlawful authority.\n(2) A prisoner is unlawfully absent if the person is not in the lawful\ncustody of the Commissioner.\nNote for section 9\nSee section 63A of the Sentencing Act 1995 for the effect that being absent from\na custodial correctional facility has on a prisoner's term of imprisonment.\n","sortOrder":6},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of General Manager","content":"10 Meaning of General Manager\n(1) In this Act:\nGeneral Manager means the following:\n(a) for a correctional centre – the General Manager appointed\nunder section 21 for the correctional centre;\n(b) for a police custody centre – the police officer, or correctional\nofficer, in charge of a police custody centre;\n(c) for a court custody centre – the police officer, or correctional\nofficer, in charge of a court custody centre.\n(2) A reference, in relation to a custodial correctional facility, to\nthe General Manager, is a reference to the General Manager for\nthat facility.\n(3) A reference, in relation to a prisoner, to the General Manager is a\nreference to the General Manager of the custodial correctional\nfacility at which the person is a prisoner.\n\nCorrectional Services Act 2014 11\n","sortOrder":7},{"sectionNumber":"11","sectionType":"section","heading":"Correctional services establishments","content":"11 Correctional services establishments\n(1) Each of the following is a correctional services establishment:\n(a) a custodial correctional facility, which is one of the\n(i) a correctional centre;\n(ii) a court custody centre;\n(iii) a police custody centre;\n(b) a community correctional facility.\n(2) A reference, in relation to a prisoner, to the custodial correctional\nfacility, is a reference to the facility at which the person is a\n","sortOrder":8},{"sectionNumber":"12","sectionType":"section","heading":"Correctional centres","content":"12 Correctional centres\n(1) The Minister may, by Gazette notice, declare a place to be a\ncorrectional centre.\n(2) The Minister may assign the correctional centre a name.\n","sortOrder":9},{"sectionNumber":"13","sectionType":"section","heading":"Police custody centres","content":"13 Police custody centres\nA police station is a police custody centre:\n(a) if it has been declared to be a police custody centre by the\nMinister by Gazette notice; and\n(b) while it is being used:\n(i) for the custody of a prisoner; or\n(ii) to accommodate a person who the Commissioner has\nagreed is to be accommodated at a custodial\ncorrectional facility under section 163.\n\nCorrectional Services Act 2014 12\n","sortOrder":10},{"sectionNumber":"14","sectionType":"section","heading":"Court custody centres","content":"14 Court custody centres\nAn area of a courthouse is a court custody centre:\n(a) if it has been declared to be a court custody centre by the\nMinister by Gazette notice; and\n(b) while it is being used:\n(i) for the custody of a prisoner; or\n(ii) to accommodate a person who the Commissioner has\nagreed is to be accommodated at a custodial\ncorrectional facility under section 163.\n","sortOrder":11},{"sectionNumber":"15","sectionType":"section","heading":"Community correctional facilities","content":"15 Community correctional facilities\n(1) The Commissioner may declare a place to be a community\ncorrectional facility for the management of non-custodial offenders.\n(2) The Commissioner may create administrative regions for the\npurpose of administering community correctional facilities within\neach region.\n","sortOrder":12},{"sectionNumber":"16","sectionType":"section","heading":"Correctional services officers","content":"16 Correctional services officers\nEach of the following is a correctional services officer:\n(a) the Commissioner;\n(b) the General Manager of a custodial correctional facility;\n(c) the Regional Manager of a region;\n(d) a correctional officer;\n(e) a probation and parole officer;\n(f) a special correctional officer;\n(g) a special probation and parole officer.\n\nCorrectional Services Act 2014 13\n","sortOrder":13},{"sectionNumber":"17","sectionType":"section","heading":"Commissioner of Correctional Services","content":"17 Commissioner of Correctional Services\n(1) The Minister may appoint a person to be the Commissioner of\nCorrectional Services.\n(2) The Commissioner holds office on the terms and conditions\n(including as to remuneration) determined by the Minister.\n","sortOrder":14},{"sectionNumber":"18","sectionType":"section","heading":"Functions of Commissioner","content":"18 Functions of Commissioner\nThe Commissioner:\n(a) is responsible for the overall control and management of:\n(i) correctional services establishments; and\n(ii) offenders; and\n(iii) persons accommodated at custodial correctional\nfacilities who are not prisoners; and\n(b) has the other functions conferred on the Commissioner by this\nor any other Act.\n","sortOrder":15},{"sectionNumber":"19","sectionType":"section","heading":"Powers of Commissioner","content":"19 Powers of Commissioner\n(1) The Commissioner has the powers necessary to perform the\nCommissioner's functions.\n(2) Without limiting subsection (1), the Commissioner may do anything\nthe Commissioner considers appropriate in order to maintain the\nsecurity and good order of correctional services establishments and\noffenders.\n(3) The Commissioner may also exercise the powers and perform the\nfunctions of any other correctional services officer conferred by this\nor any other Act.\n","sortOrder":16},{"sectionNumber":"19A","sectionType":"section","heading":"Commissioner to facilitate ICAC access","content":"19A Commissioner to facilitate ICAC access\n(1) The Commissioner must take all reasonable steps to facilitate\naccess by an ICAC officer to:\n(a) a correctional services establishment; and\n(b) a person (including an offender), document or thing under the\ncustody or control of the Commissioner.\n\nCorrectional Services Act 2014 14\n(2) Despite section 19(2), the Commissioner may refuse to facilitate\naccess as mentioned in subsection (1) only if the Commissioner\nbelieves on reasonable grounds that the access would compromise\nthe security or good order of a correctional services establishment\nor an offender.\nICAC officer means:\n(a) the ICAC; or\n(b) a member of ICAC staff as defined in section 4 of the\nIndependent Commissioner Against Corruption Act 2017.\n","sortOrder":17},{"sectionNumber":"20","sectionType":"section","heading":"Delegation","content":"20 Delegation\nThe Commissioner may, in writing, delegate any of the\nCommissioner's powers and functions under this or any other Act to\na person.\n","sortOrder":18},{"sectionNumber":"21","sectionType":"section","heading":"General Managers of correctional centres","content":"21 General Managers of correctional centres\n(1) The Commissioner may appoint a public sector employee to be the\nGeneral Manager of a correctional centre.\n(2) The General Manager of a correctional centre:\n(a) is responsible for the day-to-day control and management of:\n(i) the correctional centre; and\n(ii) prisoners of the centre; and\n(iii) persons accommodated at the centre who are not\nprisoners; and\n(b) has the other functions conferred on the General Manager by\nthis or any other Act.\n(3) The General Manager has the powers necessary to perform the\nManager's functions.\n(4) The General Manager may also exercise the powers and perform\nthe functions of a correctional officer conferred by this or any other\nAct.\n\nCorrectional Services Act 2014 15\n(5) The General Manager may, in writing, delegate any of the\nManager's powers and functions under this or any other Act to a\nperson.\n","sortOrder":19},{"sectionNumber":"22","sectionType":"section","heading":"General Managers of police custody centres and court custody","content":"22 General Managers of police custody centres and court custody\ncentres\n(1) While a police station is a police custody centre, the police officer or\ncorrectional officer in charge of the centre is the General Manager\nof the police custody centre.\n(2) While an area of a courthouse is a court custody centre, the police\nofficer or correctional officer in charge of the centre is the General\nManager of the court custody centre.\n(3) Section 21(2) and (3) apply in relation to the General Manager of a\npolice custody centre or a court custody centre as if it were a\ncorrectional centre.\n","sortOrder":20},{"sectionNumber":"23","sectionType":"section","heading":"Regional Managers","content":"23 Regional Managers\n(1) The Commissioner may appoint a public sector employee to be the\nRegional Manager of community correctional facilities in a region.\n(2) The Regional Manager of a region:\n(a) is responsible for the day-to-day control and management of:\n(i) the community correctional facilities in the region; and\n(ii) the non-custodial offenders attending the facilities; and\n(b) has the other functions conferred on the Regional Manager by\nthis or any other Act.\n(3) The Regional Manager has the powers necessary to perform the\nManager's functions.\n(4) The Regional Manager may also exercise the powers and perform\nthe functions of a probation and parole officer conferred by this or\nany other Act.\n(5) The Regional Manager may, in writing, delegate any of the\nManager's powers and functions under this or any other Act to a\nperson.\n","sortOrder":21},{"sectionNumber":"24","sectionType":"section","heading":"Correctional officers","content":"24 Correctional officers\n(1) The Commissioner may appoint a public sector employee to be a\ncorrectional officer.\n\nCorrectional Services Act 2014 16\n(2) A correctional officer:\n(a) has the functions conferred by this or any other Act; and\n(b) has the powers necessary to perform those functions.\n","sortOrder":22},{"sectionNumber":"25","sectionType":"section","heading":"Probation and parole officers","content":"25 Probation and parole officers\n(1) The Commissioner may appoint a public sector employee to be a\nprobation and parole officer.\n(2) A probation and parole officer:\n(a) has the functions conferred by this or any other Act; and\n(b) has the powers necessary to perform those functions.\n","sortOrder":23},{"sectionNumber":"Div 4","sectionType":"division","heading":"Special correctional services officers","content":"Division 4 Special correctional services officers\n","sortOrder":24},{"sectionNumber":"25A","sectionType":"section","heading":"Special correctional services officer","content":"25A Special correctional services officer\nFor this Division, each of the following is a special correctional\nservices officer:\n(a) a special correctional officer;\n(b) a special probation and parole officer.\n","sortOrder":25},{"sectionNumber":"25B","sectionType":"section","heading":"Special correctional officers","content":"25B Special correctional officers\n(1) The Commissioner may appoint a person to be a special\ncorrectional officer if the Commissioner is satisfied the person has\nthe qualifications, skills or experience to properly perform the\nfunctions of a special correctional officer.\n(2) A special correctional officer may exercise the powers and perform\nthe functions of a correctional officer under this or any another Act,\nsubject to any conditions, limitations or qualifications decided by the\n(3) A special correctional officer is not a public sector employee by\nvirtue of the officer's appointment as a special correctional officer.\n","sortOrder":26},{"sectionNumber":"25C","sectionType":"section","heading":"Special probation and parole officers","content":"25C Special probation and parole officers\n(1) The Commissioner may appoint a person to be a special probation\nand parole officer if the Commissioner is satisfied the person has\nthe qualifications, skills or experience to properly perform the\nfunctions of a special probation and parole officer.\n\nCorrectional Services Act 2014 17\n(2) A special probation and parole officer may exercise the powers and\nperform the functions of a probation and parole officer under this or\nany other Act, subject to any conditions, limitations or qualifications\ndecided by the Commissioner.\n(3) A special probation and parole officer is not a public sector\nemployee by virtue of the officer's appointment as a special\nprobation and parole officer.\n","sortOrder":27},{"sectionNumber":"25D","sectionType":"section","heading":"Termination of appointment of special correctional services","content":"25D Termination of appointment of special correctional services\nofficer\nThe Commissioner may, at any time, terminate the appointment of\na special correctional services officer.\n","sortOrder":28},{"sectionNumber":"25E","sectionType":"section","heading":"Evidence of appointment","content":"25E Evidence of appointment\nThe Commissioner must issue each special correctional services\nofficer with evidence of the person's appointment as a special\ncorrectional services officer.\n","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Appointment of official visitors","content":"26 Appointment of official visitors\n(1) The Minister must appoint at least 3 official visitors for each\ncustodial correctional facility.\n(2) A person may be appointed as an official visitor for more than one\n(3) An official visitor holds office on the terms and conditions (including\nas to remuneration) determined by the Minister.\n(4) The Minister must consult with the Commissioner before appointing\nor reappointing a person as an official visitor.\n(5) An official visitor holds office for 3 years and may be reappointed.\n","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Vacation of office","content":"27 Vacation of office\nA person ceases to be an official visitor if:\n(a) the person resigns by giving written notice to the Minister; or\n\nCorrectional Services Act 2014 18\n(b) the person's term of office comes to an end and the person is\nnot reappointed; or\n(c) the person's appointment is terminated under section 28.\n","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Termination of appointment","content":"28 Termination of appointment\n(1) The Minister may terminate the appointment of a person as an\nofficial visitor for inability, inefficiency, misbehaviour or physical or\nmental incapacity.\n(2) The Minister must terminate the appointment of a person as an\nofficial visitor if:\n(a) the person is found guilty of an offence of such a nature that it\nwould be inappropriate for the person to continue to be an\nofficial visitor; or\n(b) the person:\n(i) becomes bankrupt; or\n(ii) applies to take the benefit of a law for the relief of\nbankrupt or insolvent debtors; or\n(iii) compounds with creditors or makes an assignment of\nthe person's remuneration for their benefit.\n(3) A termination of appointment must be made in writing.\n","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Frequency of visits","content":"29 Frequency of visits\nThe Commissioner must ensure that each custodial correctional\nfacility is visited by an official visitor for the facility at least once\nevery month.\n","sortOrder":33},{"sectionNumber":"30","sectionType":"section","heading":"Inquiry and report by official visitor","content":"30 Inquiry and report by official visitor\n(1) An official visitor for a custodial correctional facility must visit the\nfacility as necessary for the purposes of section 29.\n(2) When visiting the facility, the official visitor must inquire into the\ntreatment, behaviour and conditions of the prisoners at the facility.\n(3) As soon as practicable after the visit, the official visitor must report\nto the Minister on the matters mentioned in subsection (2).\n\nCorrectional Services Act 2014 19\n(4) However, if directed by the Minister to report to the Commissioner\non a specific matter, the official visitor must report:\n(a) to the Commissioner on that matter; and\n(b) to the Minister on all other matters.\n(5) A report under subsection (3) or (4) must be in writing.\n","sortOrder":34},{"sectionNumber":"31","sectionType":"section","heading":"Official visitor not to interfere","content":"31 Official visitor not to interfere\nAn official visitor visiting a custodial correctional facility must not\ninterfere with, or give instructions about, the control or management\nof prisoners.\n","sortOrder":35},{"sectionNumber":"32","sectionType":"section","heading":"Minister's guidelines","content":"32 Minister's guidelines\nThe Minister may, by Gazette notice, issue guidelines for official\nvisitors to assist them in performing their functions under this Act.\n","sortOrder":36},{"sectionNumber":"33","sectionType":"section","heading":"Volunteer functions","content":"33 Volunteer functions\n(1) The Commissioner must determine functions that may be\nperformed by volunteers.\n(2) The functions that may be approved include the following:\n(a) undertaking activities for the benefit of offenders;\n(b) providing support for offenders;\n(c) assisting with supervision of offenders;\n(d) undertaking any other activities the Commissioner considers\nbeneficial to offenders or correctional services establishments.\n","sortOrder":37},{"sectionNumber":"34","sectionType":"section","heading":"Volunteers","content":"34 Volunteers\n(1) The Commissioner may, in writing, approve a person to perform, in\nan unpaid capacity, one or more of the functions determined under\nsection 33.\n(2) A volunteer must comply with:\n(a) the terms and conditions of the volunteer's approval; and\n(b) the Commissioner's Directions; and\n\nCorrectional Services Act 2014 20\n(c) any reasonable direction given by a correctional services\nofficer.\n(3) The Commissioner may reimburse a volunteer for any expenses\nincurred by the volunteer in performing the volunteer's functions.\n","sortOrder":38},{"sectionNumber":"35","sectionType":"section","heading":"Correctional services dogs","content":"35 Correctional services dogs\n(1) The Commissioner may, in writing, approve:\n(a) a dog as a correctional services dog; and\n(b) a correctional officer as a correctional services dog\nhandler.\n(2) A correctional services dog handler may use a correctional services\ndog for the following:\n(a) to assist in searching persons at, or wishing to enter, a\ncustodial correctional facility for drugs or other prohibited\nthings;\n(b) to search correctional services establishments;\n(c) to search for an offender;\n(d) to restrain a prisoner;\n(e) to assist in maintaining the security and good order of a\ncustodial correctional facility;\n(f) to assist a correctional officer in performing the officer's\nfunctions under this Act, if the handler considers it appropriate\nto do so.\n(3) The handler may permit the dog to use force against a person only\nif:\n(a) the handler could lawfully use force against the person; and\n(b) the handler considers the use of force by the dog is\nreasonably necessary.\n(4) The Commissioner may:\n(a) second a correctional services dog handler and a correctional\nservices dog to another Agency for purposes similar to those\nmentioned in subsection (2); and\n\nCorrectional Services Act 2014 21\n(b) second a handler and dog from another Agency for purposes\nmentioned in subsection (2).\n","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"Compliance with Commissioner's Directions","content":"36 Compliance with Commissioner's Directions\nIn the exercise of powers or performance of functions under this Act\na correctional services officer, volunteer or employee of the Agency\nmust comply with the Commissioner's Directions.\n","sortOrder":40},{"sectionNumber":"37","sectionType":"section","heading":"Alcohol and drug testing of officers and employees","content":"37 Alcohol and drug testing of officers and employees\nA correctional services officer or employee of the Agency must\nsubmit to a prescribed alcohol/drug test when directed by the\nCommissioner to do so.\nNote for section 37\nSection 195 makes provisions for the carrying out of prescribed alcohol/drug\ntests.\n\nCorrectional Services Act 2014 22\n","sortOrder":41},{"sectionNumber":"38","sectionType":"section","heading":"Where prisoners to be held","content":"38 Where prisoners to be held\n(1) The Commissioner is to determine at which custodial correctional\nfacility a prisoner is to be held.\n(2) The Commissioner may determine that a prisoner is to be\ntransferred to another place the Commissioner considers\nappropriate.\nExamples for subsection (2)\nPlaces to which a prisoner may be transferred include the following:\n(a) a health care facility;\n(b) for a youth being transferred under Division 2 – a youth detention centre;\n(c) for an immigration detainee – an immigration detention centre.\n","sortOrder":42},{"sectionNumber":"39","sectionType":"section","heading":"Movement of prisoners","content":"39 Movement of prisoners\n(1) The General Manager of a custodial correctional facility must\narrange for a prisoner to be taken to any of the following:\n(a) a custodial correctional facility or other place as directed by\nthe Commissioner;\n(b) a court before which the prisoner has been ordered to appear;\n(c) a health care facility as required under Division 4.\n(2) The General Manager may arrange for a prisoner to be taken to\nany other place as the General Manager considers appropriate.\n","sortOrder":43},{"sectionNumber":"40","sectionType":"section","heading":"Separation of classes of prisoners","content":"40 Separation of classes of prisoners\nThe General Manager of a custodial correctional facility must\nensure that, to the extent it is practicable:\n(a) sentenced prisoners are kept separate from other prisoners;\nand\n(b) male prisoners are kept separate from female prisoners; and\n\nCorrectional Services Act 2014 23\n(c) youth prisoners are kept separate from adult prisoners.\nNote for section 40\nSection 163(2)(b) requires that sheriff's detainees who are being accommodated\nat a custodial correctional facility be kept separate from prisoners.\n","sortOrder":44},{"sectionNumber":"41","sectionType":"section","heading":"General Manager may separate prisoner","content":"41 General Manager may separate prisoner\nThe General Manager of a custodial correctional facility may\nseparate a prisoner from other prisoners as the General Manager\nconsiders appropriate.\nExamples for section 41\nExamples of grounds on which it may be appropriate to separate a prisoner\n(a) the prisoner poses a threat to the safety of another person;\n(b) the prisoner poses a threat to himself or herself;\n(c) the prisoner's safety is under threat from another prisoner;\n(d) to maintain the security and good order of the facility;\n(e) an order for separation has been made under section 78(2)(b) in relation to\nthe prisoner as a penalty for misconduct.\n","sortOrder":45},{"sectionNumber":"42","sectionType":"section","heading":"Behaviour generally","content":"42 Behaviour generally\n(1) A prisoner must comply with the general routine of the custodial\ncorrectional facility, or the part of the facility in which the prisoner is\nheld.\n(2) A prisoner must comply with any reasonable direction of the\nCommissioner, General Manager or a correctional officer.\n(3) If a prisoner fails to comply with a reasonable direction, a\ncorrectional officer may use the force that is reasonably necessary\nto compel compliance.\n","sortOrder":46},{"sectionNumber":"43","sectionType":"section","heading":"Definition","content":"43 Definition\nIn this Subdivision:\nallowable item, see section 44.\n\nCorrectional Services Act 2014 24\n","sortOrder":47},{"sectionNumber":"44","sectionType":"section","heading":"Commissioner to determine allowable items","content":"44 Commissioner to determine allowable items\nThe Commissioner may, in the Commissioner's Directions,\ndetermine the personal items that a prisoner at a custodial\ncorrectional facility may have in the prisoner's possession\n(allowable items).\n","sortOrder":48},{"sectionNumber":"45","sectionType":"section","heading":"Possession of personal items","content":"45 Possession of personal items\n(1) A prisoner at a custodial correctional facility must not have in the\nprisoner's possession any personal property that is not an allowable\nitem.\n(2) If the prisoner has personal property in the prisoner's possession\nthat is not an allowable item, the General Manager may direct the\nprisoner to:\n(a) dispose of the property; or\n(b) arrange for it to be removed from the facility.\n(3) If the prisoner fails to comply with the direction, a correctional\nofficer may confiscate the property.\nNote for section 45\n","sortOrder":49},{"sectionNumber":"46","sectionType":"section","heading":"Confiscation of prohibited things, things connected with","content":"46 Confiscation of prohibited things, things connected with\noffence\nA correctional officer may confiscate a thing in a prisoner's\npossession that the correctional officer reasonably believes is:\nNote for section 46\n","sortOrder":50},{"sectionNumber":"47","sectionType":"section","heading":"Searches of prisoners","content":"47 Searches of prisoners\n(1) A correctional officer may search a prisoner or a prisoner's personal\nproperty.\n\nCorrectional Services Act 2014 25\n(2) However, a search under this section must not be an intimate\nsearch.\n(3) If the prisoner does not submit to the search, the correctional officer\nmay use the force that is reasonably necessary to carry out the\nsearch.\n(4) The correctional officer may confiscate a thing found during the\n","sortOrder":51},{"sectionNumber":"48","sectionType":"section","heading":"Searches involving removal of clothing","content":"48 Searches involving removal of clothing\n(1) This section applies if a search under section 47 requires the\nremoval of all or most of the prisoner's clothing.\n(2) The search must be carried out:\n(a) by a correctional officer of the same sex as the prisoner; or\n(b) by an appropriate health practitioner authorised by the\nGeneral Manager; or\n(c) if no person mentioned in paragraph (a) or (b) is available – by\na person of the same sex as the prisoner who has been\nauthorised by the General Manager to carry out the search.\n(3) If the person carrying out the search is not a correctional officer and\nthe prisoner does not submit to the search, a correctional officer\n(whether or not of the same sex as the prisoner) may assist the\nperson to carry out the search.\n(4) In providing the assistance, the correctional officer may use the\n\nCorrectional Services Act 2014 26\n","sortOrder":52},{"sectionNumber":"49","sectionType":"section","heading":"Intimate searches","content":"49 Intimate searches\n(1) A search of a prisoner is an intimate search if it is:\n(a) an internal or external examination of an intimate part of the\nbody of the prisoner; or\n(b) an internal examination of a non-intimate part of the body of a\n(2) In this section:\nintimate part of the body means one of the following:\n(a) the genital area;\n(b) the anal area;\n(c) the buttocks;\n(d) if the prisoner is female – the breasts.\nnon-intimate part of the body means a part of the body that is not\nan intimate part of the body.\n","sortOrder":53},{"sectionNumber":"50","sectionType":"section","heading":"Conducting an intimate search","content":"50 Conducting an intimate search\n(1) The General Manager may authorise an appropriate health\npractitioner (an authorised examiner) to carry out an intimate\nsearch of a prisoner if the General Manager reasonably believes\nthere is, concealed on or in the prisoner's person, a thing that is:\n(2) If the authorised examiner is not of the same sex as the prisoner,\nanother health practitioner or a correctional officer of the same sex\nas the prisoner must be present while the intimate search is carried\nout.\n(3) The authorised examiner may be assisted by another health\n(4) If the prisoner does not submit to the search, a correctional officer\nmay assist the authorised examiner.\n\nCorrectional Services Act 2014 27\n(5) In providing the assistance, the correctional officer may use the\nNote for subsection (5)\n(6) The authorised examiner may remove from the prisoner a thing\nfound during the search if the examiner reasonably believes:\n(a) that the thing is:\n(i) a prohibited thing; or\n(ii) connected with an offence against this Act; and\n(b) that removing it is not likely to cause serious harm (as defined\nin section 1 of the Criminal Code) to the prisoner.\n(7) As soon as practicable after removing a thing, the authorised\nexaminer must give it to a correctional officer, who is taken to have\nconfiscated it from the prisoner.\nNote for subsection (7)\n","sortOrder":54},{"sectionNumber":"51","sectionType":"section","heading":"Alcohol and drug testing of prisoners","content":"51 Alcohol and drug testing of prisoners\n(1) A prisoner must submit to a prescribed alcohol/drug test if directed\nby the General Manager to do so.\nNote for subsection (1)\nSection 195 makes provisions for the carrying out of prescribed alcohol/drug\ntests.\n(2) If the prisoner does not submit to the test as required under\nsection 195(2):\n(a) the prescribed sampler may take the required sample without\nthe prisoner's consent; and\n(b) a correctional officer may assist the prescribed sampler to\nobtain the required sample.\n\nCorrectional Services Act 2014 28\n(3) In providing the assistance, the correctional officer may use the\n","sortOrder":55},{"sectionNumber":"52","sectionType":"section","heading":"Buccal swabs","content":"52 Buccal swabs\n(1) A prisoner must submit to the taking, by an approved person, of a\nsample of cells by buccal swab when directed by the General\nManager to do so.\n(2) If the prisoner does not submit to the taking of the sample, a\ncorrectional officer may assist the approved person to take the\nsample.\n(3) In providing the assistance, the correctional officer may use the\napproved person means a person approved by the Commissioner\nto take samples for this section.\n","sortOrder":56},{"sectionNumber":"53","sectionType":"section","heading":"Identity confirmation","content":"53 Identity confirmation\n(1) A prisoner must, when directed by the General Manager to do so:\n(a) provide evidence of the prisoner's identity; or\n(2) If the prisoner does not comply with a direction under\nsubsection (1)(b), a correctional officer may use the force that is\nreasonably necessary to use the system to identify the prisoner.\n","sortOrder":57},{"sectionNumber":"54","sectionType":"section","heading":"Commissioner may direct prisoner to work","content":"54 Commissioner may direct prisoner to work\n(1) The Commissioner may direct:\n(a) a sentenced prisoner to carry out work at the custodial\ncorrectional facility or elsewhere; or\n\nCorrectional Services Act 2014 29\n(b) a prisoner who is a detainee under the Serious Sex Offenders\nAct 2013 to carry out work at the custodial correctional facility.\n(2) The Commissioner may give any other prisoner the opportunity to\nwork at the custodial correctional facility or elsewhere.\n(3) If a prisoner is working at a place outside a custodial correctional\nfacility, this Act continues to apply in relation to the prisoner as if the\nprisoner were at a custodial correctional facility.\n","sortOrder":58},{"sectionNumber":"55","sectionType":"section","heading":"Payment for work","content":"55 Payment for work\n(1) The rates of pay for work carried out by prisoners must be fixed by\nthe Commissioner in the Commissioner's Directions.\n(2) If a prisoner carries out work, the Commissioner must:\n(a) calculate the amount notionally earned by the prisoner based\non the determined rates of pay; and\n(b) pay that amount into the prisoner's trust account.\n","sortOrder":59},{"sectionNumber":"56","sectionType":"section","heading":"Commercial activity","content":"56 Commercial activity\nA prisoner must not engage in any commercial activity without the\nCommissioner's written consent.\n","sortOrder":60},{"sectionNumber":"57","sectionType":"section","heading":"Commissioner may permit child to reside with prisoner","content":"57 Commissioner may permit child to reside with prisoner\n(a) a female prisoner gives birth to a child while she is a prisoner;\nor\n(b) at the time a female prisoner became a prisoner she has or\nhad parental responsibility for a young child:\n(i) of whom she is the mother; or\n(ii) under a court order.\n(2) At the request of the female prisoner, the Commissioner may\nconsent to the child residing at a custodial correctional facility with\nthe prisoner.\n\nCorrectional Services Act 2014 30\n(3) The Commissioner must not consent unless the Commissioner\nconsiders that all of the following apply:\n(a) it is in the best interests of the child to reside at the facility with\nthe prisoner;\n(b) the security and good order of the facility would not be\nthreatened by the child residing at the facility;\n(c) there is suitable accommodation at the facility for the child;\n(d) the child is not the subject of a court order awarding custody\nof the child to a person other than the prisoner;\n(e) the child has been immunised in accordance with the\nrecommendations of the National Immunisation Program.\n(4) The Commissioner must revoke the consent if the Commissioner\nconsiders a matter mentioned in subsection (3)(d) or (e) no longer\napplies.\n(5) The Commissioner may revoke the consent at any time.\n(6) For the purpose of determining what is in the best interests of the\nchild:\n(a) the Commissioner may make enquiries and obtain information\nas the Commissioner considers appropriate; and\n(b) a person or organisation with relevant information about the\nchild is authorised to disclose the information to the\n(7) In this section:\nmother means the female parent (within the meaning of section 17\nof the Care and Protection of Children Act 2007) of a child.\nparental responsibility, see section 22 of the Care and Protection\nof Children Act 2007.\nyoung child means a child who is under the compulsory school\nage within the meaning of section 38(1) of the Education Act 2015.\n","sortOrder":61},{"sectionNumber":"58","sectionType":"section","heading":"Child related social security benefits","content":"58 Child related social security benefits\n(1) This section applies if the Commissioner consents to a child\nresiding at a custodial correctional facility with a prisoner.\n\nCorrectional Services Act 2014 31\n(2) If any social security benefits are payable to the prisoner in relation\nto the child, the prisoner must:\n(a) arrange for the benefits to be paid to the Commissioner\ninstead of the prisoner; or\n(b) if a benefit is paid to the prisoner – pay the benefit to the\nCommissioner within 30 days of it being received by the\n(3) If an amount is paid to the Commissioner under subsection (2), the\nCommissioner must pay the amount into the prisoner's trust\naccount.\n(4) If a benefit is not paid to the Commissioner as required by\nsubsection (2)(b), the Commissioner may deduct the amount of that\nbenefit from the prisoner's trust account.\n","sortOrder":62},{"sectionNumber":"59","sectionType":"section","heading":"Performance of religious practices","content":"59 Performance of religious practices\n(1) To the extent practicable, a prisoner at a custodial correctional\nfacility may perform the usual practices associated with the\nprisoner's religion or belief system (including attending services or\nceremonies held at the facility).\n(2) Items of personal property reasonably required for the performance\nof those practices are allowable items for the purposes of\nsection 45.\n(3) However, if the General Manager considers it appropriate to do so\nin order to maintain the security and good order of the facility, or the\nprisoner's health or wellbeing, the General Manager may prohibit\nthe prisoner from:\n(a) performing a practice mentioned in subsection (1); or\n(b) possessing an item mentioned in subsection (2).\n","sortOrder":63},{"sectionNumber":"60","sectionType":"section","heading":"Religious and spiritual advisors","content":"60 Religious and spiritual advisors\nThe Commissioner must take reasonable measures to ensure that\nevery prisoner has access to a religious or spiritual advisor of the\nprisoner's religion or belief system.\n\nCorrectional Services Act 2014 32\n","sortOrder":64},{"sectionNumber":"61","sectionType":"section","heading":"Release from custody","content":"61 Release from custody\n(1) The Commissioner must release a prisoner, other than an\nimmigration detainee, on the prisoner's release date.\n(2) The Commissioner must release an immigration detainee when\nrequired to do so under the Migration Act 1958 (Cth).\n","sortOrder":65},{"sectionNumber":"62","sectionType":"section","heading":"Early release","content":"62 Early release\n(1) The Commissioner may release a sentenced prisoner up to 7 days\nbefore the prisoner's release date if the Commissioner considers it\n(2) In determining whether it is appropriate, the Commissioner must\nhave regard to the following:\n(a) the interests and wellbeing of the prisoner;\n(b) the protection of the prisoner;\n(c) the administration of justice;\n(d) the protection of the general community;\n(e) any other matter the Commissioner considers relevant.\n(3) This section does not apply in relation to a prisoner who is being\nreleased subject to a parole order.\n(4) If a prisoner is released early under this section, the prisoner's term\nof imprisonment is taken to have expired on the day on which the\nprisoner is released.\n","sortOrder":66},{"sectionNumber":"63","sectionType":"section","heading":"Transport of prisoner on release","content":"63 Transport of prisoner on release\n(1) When a prisoner is released the General Manager may arrange for\nthe prisoner to be transported to any of the following:\n(a) the place where the prisoner:\n(i) will be required to reside under a non-custodial order; or\n(ii) otherwise proposes to reside;\n(b) the place where the prisoner last resided before becoming a\n\nCorrectional Services Act 2014 33\n(c) if applicable, the place where the prisoner was arrested before\nbecoming a prisoner;\n(d) any other place the General Manager considers appropriate.\n(2) However, the General Manager must not arrange transport to a\nplace outside the Territory unless special circumstances justify\ndoing so.\n","sortOrder":67},{"sectionNumber":"64","sectionType":"section","heading":"Transfer of youth prisoner to youth detention centre","content":"64 Transfer of youth prisoner to youth detention centre\n(1) This section applies if the Commissioner considers that:\n(a) it would be in the best interests of a youth prisoner to serve all\nor part of the youth's remaining prisoner period at a youth\ndetention centre instead of a custodial correctional facility; and\n(b) the facilities at the youth detention centre are adequate and\nappropriate for the care and custody of the youth.\n(2) The Commissioner may, with the consent of the superintendent of\nthe youth detention centre, transfer the youth to the youth detention\ncentre.\n(3) For the purposes of this Act, while the youth is in a youth detention\ncentre, the youth:\n(a) is not a youth prisoner; and\n(b) is a youth detainee.\n(4) While the youth is a youth detainee under subsection (3)(b), the\nyouth is taken to be a detainee under a sentence of detention, and\nthe Youth Justice Act 2005 applies accordingly.\n(5) In this section:\nremaining prisoner period, for a youth, means the remainder of\nthe period for which the youth would, but for this section, remain a\n","sortOrder":68},{"sectionNumber":"65","sectionType":"section","heading":"Transfer of youth back to custodial correctional facility","content":"65 Transfer of youth back to custodial correctional facility\n(a) a youth who was transferred to a youth detention centre is still\nin a youth detention centre; and\n\nCorrectional Services Act 2014 34\n(b) the superintendent of the youth detention centre considers\nthat returning the youth to a custodial correctional facility\nwould be:\n(i) in the best interests of the youth; or\n(ii) appropriate in order to maintain the security and good\norder of the youth detention centre.\n(2) The superintendent may, with the consent of the Commissioner,\ntransfer the youth to a custodial correctional facility.\n(3) When the youth is transferred out of the youth detention centre, the\nyouth:\n(a) again becomes a youth prisoner; and\n(b) ceases to be a youth detainee.\n","sortOrder":69},{"sectionNumber":"67","sectionType":"section","heading":"Sentence continues to run","content":"67 Sentence continues to run\nTo avoid doubt, if a youth to whom section 64 or 65 applies is under\nsentence of imprisonment or sentence of detention, the youth's\nsentence continues to run regardless of whether the youth is at a\ncustodial correctional facility or a youth detention centre.\n","sortOrder":70},{"sectionNumber":"68","sectionType":"section","heading":"Definitions","content":"68 Definitions\ndecision maker, in relation to misconduct proceedings, means the\nperson conducting the proceedings under section 71(1).\nmisconduct decision means a decision under section 73(1)\n(including as to the imposition of a penalty).\nmisconduct proceedings, see section 71(1).\nreviewer, in relation to proceedings for a review of a misconduct\ndecision, means the person conducting the proceedings under\nsection 75(1).\n","sortOrder":71},{"sectionNumber":"69","sectionType":"section","heading":"Misconduct","content":"69 Misconduct\n(1) A prisoner must not engage in misconduct.\n\nCorrectional Services Act 2014 35\n(2) Without limiting what constitutes misconduct, a prisoner engages in\nmisconduct if the prisoner engages in conduct:\n(a) that constitutes misconduct under a provision of this Act; or\n(b) that is prescribed by regulation to constitute misconduct.\n(3) Regulations may prescribe conduct that does, or does not,\nconstitute misconduct.\n","sortOrder":72},{"sectionNumber":"70","sectionType":"section","heading":"Charge of misconduct","content":"70 Charge of misconduct\n(1) A prisoner may be charged with engaging in misconduct.\n(2) The charge must be initiated by a correctional officer.\n","sortOrder":73},{"sectionNumber":"71","sectionType":"section","heading":"Proceedings for charge of misconduct","content":"71 Proceedings for charge of misconduct\n(1) If a prisoner is charged with engaging in misconduct, the\nproceedings on the charge (misconduct proceedings) must be\nconducted by:\n(a) the General Manager of the custodial correctional facility; or\n(b) a correctional officer nominated by the General Manager.\n(2) The nominated correctional officer must not be the officer who\ninitiated the charge.\n(3) The decision maker may:\n(a) decide the procedures for the proceedings (subject to this\nAct); and\n(b) inform himself or herself as the decision maker considers\nappropriate.\n(4) The proceedings must take place in the presence of the prisoner,\nunless the prisoner refuses to attend.\n(5) The proceedings must be conducted:\n(a) with as much informality and expedition, and with as little\ntechnicality, as fairness to the prisoner permits; and\n(b) in accordance with the rules of natural justice.\n(6) The prisoner may do one or more of the following:\n(a) give evidence;\n\nCorrectional Services Act 2014 36\n(b) call and examine witnesses;\n(c) cross-examine witnesses called in support of the charge.\n(7) Evidence is not required to be given under oath and the rules of\nevidence do not apply.\n","sortOrder":74},{"sectionNumber":"72","sectionType":"section","heading":"Representation of prisoner","content":"72 Representation of prisoner\n(1) In misconduct proceedings, the prisoner is to represent himself or\nherself.\n(2) However, if the General Manager considers the prisoner is unable\nto adequately represent himself or herself, the General Manager\nmay approve a person nominated by the prisoner to assist or\nrepresent the prisoner.\n(3) The nominated person must be another prisoner, or a person\nemployed, at the custodial correctional facility.\n(4) The prisoner is not entitled to representation by a legal practitioner.\n","sortOrder":75},{"sectionNumber":"73","sectionType":"section","heading":"Decision","content":"73 Decision\n(1) At the conclusion of misconduct proceedings, the decision maker\nmust decide:\n(a) whether, on the balance of probabilities, the prisoner has\nengaged in misconduct; and\n(b) if so, the penalty (if any) to be imposed under section 78.\n(2) As soon as practicable after making the decision, the decision\nmaker must give written notice of the decision to:\n(a) the prisoner; and\n(b) if the decision maker is not the General Manager – the\nGeneral Manager.\n(3) A correctional officer who is asked by the prisoner to explain the\nwritten decision must give the prisoner a verbal explanation of the\ndecision and its effect.\n(4) Subsection (3) does not apply if another correctional officer has\nalready provided the prisoner with a verbal explanation.\n","sortOrder":76},{"sectionNumber":"74","sectionType":"section","heading":"Prisoner may request review","content":"74 Prisoner may request review\n(1) A prisoner who is found to have engaged in misconduct may apply\nto the Commissioner for a review of the misconduct decision.\n\nCorrectional Services Act 2014 37\n(2) The application must be made within 3 days after the prisoner is\ngiven the written notice of the decision.\n","sortOrder":77},{"sectionNumber":"75","sectionType":"section","heading":"Person to conduct review","content":"75 Person to conduct review\n(1) Proceedings on a review of a misconduct decision must be\nconducted by:\n(a) if the decision maker was the General Manager – the\n(b) if the decision maker was a correctional officer:\n(i) a more senior correctional officer nominated by the\n(ii) if it is not practicable to nominate a more senior\ncorrectional officer – the Commissioner.\n(2) In conducting the review, the reviewer:\n(a) may decide the procedures for the review; and\n(b) must comply with the rules of natural justice.\n","sortOrder":78},{"sectionNumber":"76","sectionType":"section","heading":"Decision on review","content":"76 Decision on review\n(1) After reviewing the misconduct decision, the reviewer must do one\nof the following:\n(a) affirm the misconduct decision;\n(b) vary the misconduct decision;\n(c) quash the misconduct decision.\n(2) Section 73(2), (3) and (4) apply in relation to the decision on review\nas if it were a misconduct decision.\n","sortOrder":79},{"sectionNumber":"77","sectionType":"section","heading":"Further review","content":"77 Further review\n(1) If the reviewer was the Commissioner, no appeal or further review\nlies from a decision under section 76.\n(2) If the reviewer was a correctional officer, the prisoner may apply to\nthe Commissioner for a review of a decision under section 76.\n(3) The application must be made within 3 days after the prisoner is\ngiven the written notice of the review decision.\n(4) The further review is to be conducted by the Commissioner.\n\nCorrectional Services Act 2014 38\n(5) Subsection (1) and sections 75(2) and 76 apply in relation to the\nfurther review as if it were a review requested under section 74(1).\n","sortOrder":80},{"sectionNumber":"78","sectionType":"section","heading":"Penalties for misconduct","content":"78 Penalties for misconduct\n(1) This section applies to a decision maker, a reviewer or the\nCommissioner on a further review imposing a penalty on a prisoner\nfor engaging in misconduct.\n(2) The person imposing the penalty may do one or more of the\n(a) reprimand or caution the prisoner;\n(b) order that the prisoner be separated from other prisoners for\nup to 7 days;\n(c) order that a privilege prescribed by regulation be withdrawn\nfrom the prisoner for up to 28 days;\n(d) order that the prisoner's rate of pay for work carried out be\nreduced for up to 28 days by not more than the amount or\npercentage prescribed by the Regulations;\n(e) order that the prisoner not be permitted to carry out paid work\nfor up to 28 days on which the prisoner would otherwise have\nbeen required or permitted to do so;\n(f) if section 80 applies – order the prisoner to pay restitution;\n(g) impose a penalty prescribed by regulation.\n(3) In determining what penalty to impose, the person must comply\nwith the Commissioner's Directions.\n(4) The person may suspend the operation of a penalty for a period of\nup to 6 months.\n(5) If a penalty is suspended for a period and the prisoner does not\nengage in any further misconduct during that period, the penalty is\ntaken to be spent.\n","sortOrder":81},{"sectionNumber":"79","sectionType":"section","heading":"Stay of imposition of penalty pending review","content":"79 Stay of imposition of penalty pending review\nA decision imposing a penalty for engaging in misconduct takes\neffect when the first of the following occurs:\n(a) the prisoner waives the prisoner's right to a review of the\ndecision;\n\nCorrectional Services Act 2014 39\n(b) the time allowed to apply for a review of the decision has\nexpired and no application for review has been made;\n(c) if the prisoner applies for a review of the decision:\n(i) if the prisoner does not have a right to apply for further\nreview – the review is determined; or\n(ii) if the prisoner does have a right to apply for further\nreview – the first of the following occurs:\n(A) the prisoner waives that right;\n(B) the time allowed to apply for the further review has\nexpired and no application for further review has\nbeen made;\n(C) if the prisoner applies for further review – the\nfurther review is determined.\n","sortOrder":82},{"sectionNumber":"80","sectionType":"section","heading":"Restitution for damage caused by misconduct","content":"80 Restitution for damage caused by misconduct\n(1) This section applies if a person imposing a penalty (as mentioned in\nsection 78(1)) finds that the prisoner's misconduct destroyed or\ndamaged property owned by a person other than the prisoner.\n(2) The person may, under section 78(2)(f), order the prisoner to pay\nrestitution to the owner of the property for the destruction or\ndamage.\n(3) The maximum amount that the prisoner may be ordered to pay is\nthe lesser of the following for each item of destroyed or damaged\nproperty:\n(a) the amount prescribed by regulation;\n(b) for property that was:\n(i) destroyed – the value of the property; or\n(ii) damaged – the loss of value or the cost of repair, as the\ncase may be.\n(4) If the prisoner is ordered to pay restitution and has not done so\nwithin the time required by the order, the Commissioner may pay all\nor part of the amount ordered to the owner of the property and\ndeduct the amount paid from the prisoner's trust account.\n\nCorrectional Services Act 2014 40\n(5) The fact that the owner of the property has received a payment by\nway of restitution under this section does not affect the owner's right\nto seek additional damages in a civil action.\n","sortOrder":83},{"sectionNumber":"81","sectionType":"section","heading":"Definitions","content":"81 Definitions\nCEO Health means the Chief Executive Officer of the Agency\nadministering the Medical Services Act 1982.\nhealth care means health care of any kind, including:\n(a) anything that is part of a health service, as defined in section 5\nof the Health Practitioner Regulation National Law; and\n(b) all aspects of care, including examination, assessment,\npreparation of care or treatment plans, and provision of care\nand treatment.\n","sortOrder":84},{"sectionNumber":"82","sectionType":"section","heading":"Commissioner to arrange health care","content":"82 Commissioner to arrange health care\n(1) The Commissioner must arrange for the provision of appropriate\nhealth care for prisoners.\n(2) The Commissioner must ensure that prisoners are provided with\naccess to health care that is comparable with that available to\npersons in the general community in the same part of the Territory.\n","sortOrder":85},{"sectionNumber":"83","sectionType":"section","heading":"Access to and by health practitioners","content":"83 Access to and by health practitioners\nIn order to enable appropriate health care to be provided to\nprisoners, the Commissioner must ensure that, to the extent\npracticable:\n(a) health practitioners are provided with access to prisoners; and\n(b) prisoners are permitted to consult in person with health\npractitioners.\n","sortOrder":86},{"sectionNumber":"84","sectionType":"section","heading":"Access to health information","content":"84 Access to health information\n(1) The Commissioner must ensure that the information relating to the\nhealth and health care of prisoners is accessible only to persons\nauthorised by the Commissioner.\n\nCorrectional Services Act 2014 41\n(2) A person with access to the information must comply with the\nCommissioner's Directions in relation to obtaining, storing and use\nof the information.\nNote for section 84\nImproper disclosure of health information may constitute an offence under\nsection 189.\n","sortOrder":87},{"sectionNumber":"85","sectionType":"section","heading":"Recommendations of health practitioner","content":"85 Recommendations of health practitioner\n(1) This section applies if a health practitioner makes a\nrecommendation to the General Manager about health care for a\nprisoner (including a recommendation that the prisoner be taken to\na health care facility).\n(2) The General Manager must give reasonable consideration to\nimplementing the recommendation.\n","sortOrder":88},{"sectionNumber":"86","sectionType":"section","heading":"Prisoner may be taken to health care facility","content":"86 Prisoner may be taken to health care facility\n(1) The General Manager may arrange for a prisoner to be taken to a\nhealth care facility to enable appropriate health care to be provided\nfor the prisoner.\n(2) However, the General Manager must not arrange for the prisoner to\nbe taken to a facility outside the Territory unless:\n(a) an appropriate health practitioner has advised the General\nManager that is it necessary to do so in order to provide\nappropriate health care for the prisoner; and\n(b) there is no health care facility in the Territory at which:\n(i) the health care can be provided; and\n(ii) the prisoner can be accommodated.\n","sortOrder":89},{"sectionNumber":"87","sectionType":"section","heading":"Arrangements with health care facilities","content":"87 Arrangements with health care facilities\n(1) The General Manager must make arrangements with the person in\ncharge of the facility to ensure that the prisoner:\n(a) does not pose a threat to patients or staff of the facility or the\ngeneral public; and\n(b) is not able to leave the facility unescorted.\n(2) The arrangements must be made before, or as soon as practicable\nafter, the prisoner is taken to the facility.\n\nCorrectional Services Act 2014 42\n","sortOrder":90},{"sectionNumber":"88","sectionType":"section","heading":"Health care generally to be provided by NT Regional Health","content":"88 Health care generally to be provided by NT Regional Health\nServices\n(1) If practicable, health care for a prisoner is to be provided through\nNT Regional Health Services.\n(2) The CEO Health must ensure that health care provided through\nNT Regional Health Services for a prisoner is comparable to the\nhealth care that is provided through NT Regional Health Services to\npersons in the general community.\n(3) A prisoner may, with the agreement of the Commissioner, obtain\nhealth care from outside NT Regional Health Services at the\nprisoner's own cost.\nNT Regional Health Services, see section 10 of the Health\nService Act 2021.\n","sortOrder":91},{"sectionNumber":"89","sectionType":"section","heading":"CEO Health to provide health information on request","content":"89 CEO Health to provide health information on request\n(1) The General Manager of a custodial correctional facility may\nrequest the CEO Health to give the General Manager current health\ninformation about a prisoner.\n(2) As soon as practicable after receiving the request, the CEO Health\nmust give to the General Manager all current health information\nabout the prisoner:\n(a) that is in the CEO Health's possession; or\n(b) to which the CEO Health has access through an arrangement\nwith another health care provider.\n(3) The CEO Health must comply with the request:\n(a) even if the information requested is sensitive information for\nthe Information Act 2002; and\n(b) despite any obligation the CEO Health may be under not to\ndisclose the information.\n\nCorrectional Services Act 2014 43\ncurrent health information, for a prisoner, means health\ninformation about the prisoner that the General Manager might\nreasonably need:\n(a) in order to ensure that appropriate health care is provided for\nthe prisoner; or\n(b) otherwise for the control and management of the prisoner.\nhealth information, about a prisoner, means information about the\nprisoner's health and health care including:\n(a) the prisoner's health conditions and health risks; and\n(b) for each such health condition:\n(i) the likelihood of the condition resulting in:\n(A) a medical emergency; or\n(B) the onset of significant health problems; and\n(ii) symptoms associated with the condition; and\n(c) treatment that has been or is being provided for the prisoner;\nand\n(d) documented treatment plans for treatment that is proposed for\nthe prisoner.\n","sortOrder":92},{"sectionNumber":"90","sectionType":"section","heading":"Birth to be at health care facility","content":"90 Birth to be at health care facility\nIf a prisoner is pregnant, the General Manager must ensure that the\nprisoner is taken to a health care facility to give birth, unless it is\nimpracticable to do so in the circumstances.\n","sortOrder":93},{"sectionNumber":"91","sectionType":"section","heading":"Notification of critical illness or injury or death","content":"91 Notification of critical illness or injury or death\n(1) The General Manager must notify the Commissioner as soon as\npracticable after either of the following occurs:\n(a) a prisoner becomes critically ill or injured;\n(b) a prisoner dies.\n\nCorrectional Services Act 2014 44\n(2) If the prisoner is critically ill or injured, the Commissioner must take\nreasonable steps to notify the prisoner's next of kin and legal\npractitioner, and any other person who has decision making\nauthority for the prisoner.\nNotes for section 91\n","sortOrder":94},{"sectionNumber":"1","sectionType":"section","heading":"Under section 12 of the Coroners Act 1993, the Commissioner is required","content":"1 Under section 12 of the Coroners Act 1993, the Commissioner is required\nto report the death of a prisoner to the Coroner. In the event of a death,\nthe Coroner's staff notify next of kin.\n","sortOrder":95},{"sectionNumber":"2","sectionType":"section","heading":"Other persons with decision making authority may include the following:","content":"2 Other persons with decision making authority may include the following:\n(a) a guardian under the Guardianship of Adults Act 2016;\n(b) a decision maker under the Advance Personal Planning Act 2013;\n(c) a health care decision maker under the Health Care Decision Making\nAct 2023.\n","sortOrder":96},{"sectionNumber":"92","sectionType":"section","heading":"Provision of health care without consent","content":"92 Provision of health care without consent\n(a) the General Manager of a custodial correctional facility:\n(i) considers the provision of health care to a prisoner might\nbe necessary to prevent serious harm to the prisoner;\nand\n(ii) requests a medical practitioner to examine the prisoner\nand, if appropriate, provide health care; and\n(b) the prisoner refuses to consent to the examination or provision\nof health care.\n(2) The medical practitioner may, without the prisoner's consent:\n(a) examine the prisoner to determine whether the provision of\nhealth care is necessary; and\n(b) if the medical practitioner considers that it is necessary –\nprovide the health care to the prisoner.\n(3) If the prisoner does not submit to the examination or provision of\nthe health care, a correctional officer may assist the medical\npractitioner in examining the prisoner or providing the health care.\n(4) In providing the assistance, the correctional officer may use the\n\nCorrectional Services Act 2014 45\n","sortOrder":97},{"sectionNumber":"93","sectionType":"section","heading":"Administration of medication to prevent harm","content":"93 Administration of medication to prevent harm\n(1) This section applies if the General Manager of a custodial\ncorrectional facility:\n(a) considers the administration of medication to a prisoner might\nbe necessary to prevent, or reduce the risk of, the prisoner\ncausing serious harm to himself or herself or to another\nperson; and\n(b) requests a medical practitioner to provide advice on:\n(i) whether administering medication would prevent or\nreduce the risk of harm; and\n(ii) the health consequences for the prisoner of doing so.\n(2) For the purpose of providing the advice, the medical practitioner\nmay examine the prisoner (whether or not the prisoner consents).\n(3) The General Manager may request a medical practitioner to\nadminister the medication to the prisoner only if, after considering\nthe medical practitioner's advice, the General Manager considers\nthat doing so:\n(a) is necessary to prevent or reduce the risk of harm; and\n(b) is the least restrictive intervention available in the\ncircumstance.\n(4) The medical practitioner:\n(a) may, but is not required to, comply with the request; and\n(b) may administer the medication whether or not the prisoner\nconsents.\n(5) If the prisoner does not submit to the examination or administration\nof medication, a correctional officer may assist the medical\npractitioner in examining the prisoner or administering the\nmedication.\n(6) In providing the assistance, the correctional officer may use the\nNote for subsection (6)\n\nCorrectional Services Act 2014 46\n","sortOrder":98},{"sectionNumber":"94","sectionType":"section","heading":"Definitions","content":"94 Definitions\nobserved means observed in real time by means of an audiovisual\nsystem.\npriority/legal visit means a visit to a prisoner by a priority visitor or\na prisoner's legal practitioner.\npriority visitor means one of the following:\n(a) a person mentioned in paragraphs (a) to (k) of the definition\nprotected correspondent in section 151;\n(b) a person nominated in writing by a person mentioned in\nparagraphs (d) to (k) of the definition protected\ncorrespondent in section 151 as that person's delegate;\n(c) a person nominated in writing by a body mentioned in\nparagraph (l) or (m) of the definition protected\ncorrespondent in section 151 as the body's representative;\n(d) a person prescribed by regulation.\nrecorded means recorded by means of an audiovisual system.\n","sortOrder":99},{"sectionNumber":"95","sectionType":"section","heading":"Visit by priority visitors","content":"95 Visit by priority visitors\n(1) A priority visitor may visit a custodial correctional facility, and\nprisoners at the facility, at any reasonable time.\n(2) The priority visitor may be accompanied by one or more other\npersons to provide translation, administrative or technical\nassistance.\n(3) A priority visitor:\n(a) is subject to sections 98 to 101 and 142 to 145; but\n(b) may be refused entry, or directed to leave, only if the General\nManager considers that doing so is reasonably necessary in\norder to maintain the security and good order of the facility.\n\nCorrectional Services Act 2014 47\n","sortOrder":100},{"sectionNumber":"96","sectionType":"section","heading":"Visit by prisoner's legal practitioner","content":"96 Visit by prisoner's legal practitioner\n(1) A prisoner's legal practitioner may visit the prisoner at any\nreasonable time by appointment with the General Manager.\n(2) The legal practitioner may be accompanied by one or more other\npersons to provide translation, legal, administrative or technical\nassistance.\n(3) A legal practitioner:\n(a) is subject to sections 98 to 101 and 142 to 145; but\n(b) may be refused entry, or directed to leave, only if the General\nManager considers that doing so is reasonably necessary in\norder to maintain the security and good order of the facility.\n","sortOrder":101},{"sectionNumber":"97","sectionType":"section","heading":"Other visitors","content":"97 Other visitors\nAny other person may visit a custodial correctional facility or a\nprisoner if permitted by the General Manager, subject to section 98.\n","sortOrder":102},{"sectionNumber":"98","sectionType":"section","heading":"Commissioner may prohibit visits","content":"98 Commissioner may prohibit visits\nThe Commissioner may prohibit visits by a person or class of\npersons to the following:\n(a) custodial correctional facilities or a particular facility;\n(b) prisoners or a particular prisoner.\nNotes for section 98\n1 A correctional officer may use the force that is reasonably necessary to\nprevent entry by a person who is prohibited from visiting (see section 101).\n2 Entering a custodial correctional facility without authority may constitute an\noffence against section 179.\n99 General Manager may refuse entry\nThe General Manager of a custodial correctional facility may refuse\nentry to a person wishing to visit the facility or a prisoner if the\nGeneral Manager considers it appropriate to do so.\nExamples for section 99\nExamples of grounds on which it may be appropriate to refuse entry by a person\n(a) the visit could threaten the security and good order of the facility or a\n(b) a court order prohibits contact between a prisoner and the person;\n\nCorrectional Services Act 2014 48\n(c) a law enforcement agency has advised that contact between a prisoner\nand the person could prejudice an ongoing investigation;\n(d) the person has contravened this Act.\nNotes for section 99\n1 A correctional officer may use the force that is reasonably necessary to\nprevent entry by a person who has been refused entry (see section 101).\n2 Entering a custodial correctional facility without authority may constitute an\noffence against section 179.\n100 Person may be directed to leave custodial correctional facility\nA correctional officer may direct a visitor at a custodial correctional\nfacility to leave the facility if the correctional officer considers it\nExamples for section 100\nExamples of grounds on which it may be appropriate to direct a person to leave a\nfacility include the following:\n(a) the purpose for which the person was permitted to enter the facility has\nbeen achieved;\n(b) the person has failed to comply with a reasonable direction of the General\nManager or a correctional officer;\n(c) the person has contravened this Act;\n(d) the visit is threatening the security and good order of the facility or a\nNotes for section 100\n1 A correctional officer may use the force that is reasonable necessary to\nremove a person who has been directed to leave (see section 101).\n2 Failing to leave a custodial correctional facility when directed to do so may\nconstitute an offence against section 180.\n101 Correctional officer may prevent entry or remove person\n(1) If a person who is prohibited under section 98 from visiting a\ncustodial correctional facility, or has been refused entry under\nsection 99, attempts to enter the facility, a correctional officer may\nprevent the person from entering.\n(2) If a person who is directed under section 100 to leave a custodial\ncorrectional facility does not do so as quickly as practicable, a\ncorrectional officer may remove the person from the facility.\n(3) For the purpose of preventing entry by, or removing, the person, the\ncorrectional officer may use the force that is reasonably necessary.\n\nCorrectional Services Act 2014 49\n","sortOrder":103},{"sectionNumber":"102","sectionType":"section","heading":"Observation and recording visits","content":"102 Observation and recording visits\n(1) The General Manager may require a visit that is not a priority/legal\nvisit to be conducted in the presence of a correctional officer.\n(2) The General Manager may cause a visit that is not a priority/legal\nvisit to be visually and aurally observed or recorded.\n(3) The General Manager may cause a priority/legal visit to be visually\n(but not aurally) observed or recorded.\n(4) The General Manager must not:\n(a) require a priority/legal visit to be conducted in the presence of\nanother person; or\n(b) permit a priority/legal visit to be audibly observed or recorded\nwithout the consent of the visitor.\n","sortOrder":104},{"sectionNumber":"103","sectionType":"section","heading":"Definitions","content":"103 Definitions\nmonitored means listened to in real time or recorded.\npriority/legal call means a telephone call made:\n(a) by a prisoner to a priority visitor or the prisoner's legal\npractitioner; or\n(b) to a prisoner by a priority visitor or the prisoner's legal\n","sortOrder":105},{"sectionNumber":"104","sectionType":"section","heading":"Prisoner may make telephone calls","content":"104 Prisoner may make telephone calls\n(1) A prisoner may make and receive telephone calls in accordance\nwith the Commissioner's Directions.\n(2) However, the General Manager may prohibit a prisoner from\nmaking or receiving a call that is not a priority/legal call if the\nGeneral Manager considers it appropriate to do so.\n(3) A prisoner may be prohibited from making or receiving a\npriority/legal call only if the General Manager considers that doing\nso is reasonably necessary in order to maintain the security and\ngood order of the custodial correctional facility.\n\nCorrectional Services Act 2014 50\n","sortOrder":106},{"sectionNumber":"105","sectionType":"section","heading":"Monitoring of telephone calls","content":"105 Monitoring of telephone calls\n(1) The General Manager may cause a call that is not a priority/legal\ncall to be monitored.\n(2) The General Manager must not permit a protected/legal call to be\nmonitored without the consent of the priority visitor or legal\n","sortOrder":107},{"sectionNumber":"106","sectionType":"section","heading":"Prisoner may send and receive mail","content":"106 Prisoner may send and receive mail\n(1) A prisoner may send and receive mail in accordance with the\nCommissioner's Directions.\n(2) However, the General Manager may prohibit a prisoner from\nsending or receiving mail if the General Manager considers it\n(3) A prisoner must not be prohibited from receiving mail that is a\nprotected/legal item.\n(4) A prisoner may be prohibited from sending mail that is a\nprotected/legal item only if the intended recipient has requested, in\nwriting, that mail not be sent to the intended recipient by the\n","sortOrder":108},{"sectionNumber":"107","sectionType":"section","heading":"Searches of mail","content":"107 Searches of mail\nMail sent by or to a prisoner is taken to be part of the prisoner's\npersonal possessions.\nNote for section 107\nUnder section 47, a correctional officer has power to search a prisoner's personal\npossessions. However, sections 153 and 154 limit the confiscation and\ninspection of protected/legal items.\n","sortOrder":109},{"sectionNumber":"108","sectionType":"section","heading":"Disclosure of information to correctional officers","content":"108 Disclosure of information to correctional officers\n(1) This section applies if mail purporting to have been sent by a\nprotected correspondent or a prisoner's legal practitioner is\ninspected under section 154 and found:\n(a) not to have been sent by the protected correspondent or legal\npractitioner; or\n(b) to be, or to contain, a thing that the nominated examiner\nreasonably believes is a prohibited thing.\n\nCorrectional Services Act 2014 51\n(2) The General Manager may inform correctional officers of the finding\nmentioned in subsection (1).\n(3) However, if the mail was a protected/legal item, the General\nManager must not disclose to correctional officers any information\nabout the contents of the mail other than information about any\nthing that is believed to be a prohibited thing.\n","sortOrder":110},{"sectionNumber":"109","sectionType":"section","heading":"Leave permits","content":"109 Leave permits\n(1) The Commissioner may authorise a prisoner to be absent from a\ncustodial correctional facility by issuing to the prisoner one of the\nfollowing (a leave permit):\n(a) a general leave permit;\n(b) an interstate custodial leave permit;\n(c) a foreign legal matters leave permit;\n(d) an administrative home detention permit.\n(2) A leave permit authorises the prisoner to be absent from a custodial\ncorrectional facility in accordance with the terms and conditions of\nthe permit.\n(3) The Commissioner must give a copy of the permit to the\nCommissioner of Police.\n","sortOrder":111},{"sectionNumber":"110","sectionType":"section","heading":"Duration of leave permit","content":"110 Duration of leave permit\nA leave permit is in force for the period specified in it (unless sooner\nrevoked), being:\n(a) for an administrative home detention permit – the period\nmentioned in section 134; or\n(b) otherwise – a period the Commissioner considers appropriate\nhaving regard to the purposes for which the permit is issued.\n\nCorrectional Services Act 2014 52\n","sortOrder":112},{"sectionNumber":"111","sectionType":"section","heading":"Conditions on leave permit","content":"111 Conditions on leave permit\nA leave permit is subject to the following conditions:\n(a) the prisoner must obey all reasonable directions of the\nCommissioner, a correctional officer or a probation and parole\nofficer;\n(b) the prisoner must not commit an offence;\n(c) any conditions prescribed by regulation;\n(d) any conditions specified in the permit.\n","sortOrder":113},{"sectionNumber":"112","sectionType":"section","heading":"Effect of leave permit on lawful custody","content":"112 Effect of leave permit on lawful custody\n(1) A prisoner who is absent from a custodial correctional facility as\nauthorised by a leave permit:\n(a) remains a prisoner; and\n(b) remains in the lawful custody of the Commissioner.\n(2) The prisoner ceases to be in the lawful custody of the\nCommissioner if the prisoner:\n(a) fails to comply with the terms and conditions of the permit; or\n(b) fails to return to the custodial correctional facility before the\npermit ceases to be in force.\nNote for section 112\nIf a prisoner ceases to be in the lawful custody of the Commissioner, the prisoner\nis unlawfully absent (see section 9(2)). If a prisoner is unlawfully absent:\n(a) if the prisoner is a sentenced prisoner – the prisoner's sentence of\nimprisonment ceases to run (see section 63A of the Sentencing Act 1995);\nand\n(b) the prisoner may be arrested (see section 141).\n","sortOrder":114},{"sectionNumber":"113","sectionType":"section","heading":"Variation or revocation of leave permit","content":"113 Variation or revocation of leave permit\n(1) The Commissioner may vary or revoke a leave permit at any time.\n\nCorrectional Services Act 2014 53\n(2) A leave permit is automatically revoked if, while the permit is in\nforce, an event occurs that would result in the person becoming a\nprisoner if he or she were not already a prisoner.\nExamples for subsection (2)\nExamples of events that would result in a person becoming a prisoner include the\n(a) being sentenced to another term of imprisonment;\n(b) being remanded in custody after being arrested for another offence.\n","sortOrder":115},{"sectionNumber":"114","sectionType":"section","heading":"Unlawfully absent prisoner may be returned to place","content":"114 Unlawfully absent prisoner may be returned to place\nauthorised by permit\n(1) This section applies if a prisoner to whom a leave permit has been\nissued fails to comply with it and is arrested under section 141.\n(2) For section 141(2)(b), an appropriate place includes a place at\nwhich the prisoner is authorised by the permit to be.\n","sortOrder":116},{"sectionNumber":"115","sectionType":"section","heading":"Liability of Territory to maintain prisoner on leave","content":"115 Liability of Territory to maintain prisoner on leave\n(1) The Territory is not liable to maintain a prisoner who is absent from\na custodial correctional facility as authorised by an administrative\nhome detention permit.\n(2) If a prisoner is absent as authorised by any other leave permit, the\nTerritory's liability to maintain the prisoner is the same as it would\nbe if the prisoner were at a custodial correctional facility, unless\nstated otherwise in the leave permit.\n","sortOrder":117},{"sectionNumber":"116","sectionType":"section","heading":"Rules of natural justice do not apply","content":"116 Rules of natural justice do not apply\nThe rules of natural justice (including any duty of procedural\nfairness) do not apply in relation to a decision of the Commissioner\nunder this Part.\n","sortOrder":118},{"sectionNumber":"117","sectionType":"section","heading":"Decisions not reviewable","content":"117 Decisions not reviewable\nNo appeal or review lies against a decision of the Commissioner\nunder this Part.\n\nCorrectional Services Act 2014 54\n","sortOrder":119},{"sectionNumber":"Div 2","sectionType":"division","heading":"General leave permits","content":"Division 2 General leave permits\n","sortOrder":120},{"sectionNumber":"118","sectionType":"section","heading":"Commissioner may issue general leave permit","content":"118 Commissioner may issue general leave permit\nThe Commissioner may issue a permit (a general leave permit) to\na prisoner that authorises the prisoner to be temporarily absent\nfrom a custodial correctional facility for a purpose the\nCommissioner considers appropriate.\nExamples for section 118\nExamples of purposes for which a permit may be issued include the following:\n(a) education and training;\n(b) employment;\n(c) compassionate grounds;\n(d) recreation;\n(e) participation in community projects;\n(f) reintegration into the community.\n","sortOrder":121},{"sectionNumber":"119","sectionType":"section","heading":"Prisoner employed while on leave","content":"119 Prisoner employed while on leave\n(1) This section applies if a prisoner is issued with a general leave\npermit that authorises the prisoner to engage in paid employment.\n(2) The employer must pay all of the prisoner's earnings (after\ndeducting any tax) to the Commissioner.\n(3) The Commissioner must pay the amount received into the\nprisoner's trust account.\n","sortOrder":122},{"sectionNumber":"120","sectionType":"section","heading":"Definitions","content":"120 Definitions\ncorresponding Commissioner, in relation to a participating State,\nmeans the official responsible for the administration of correctional\ncentres (however described) in that State.\ncorresponding interstate law means a law of a State declared\nunder section 121 to be a corresponding interstate law for this\nDivision.\ncorresponding permit means a custodial leave permit (however\ndescribed) issued under a corresponding interstate law.\ninterstate custodial leave permit means a permit issued under\nsection 122.\n\nCorrectional Services Act 2014 55\ninterstate escort, in relation to a participating State, means:\n(a) a correctional officer (however described) or a police officer of\nthe State; or\n(b) a person authorised to have the custody of an interstate\nprisoner under a corresponding permit; or\n(c) a person appointed in writing by the corresponding\nCommissioner of the State to be an interstate escort for the\npurpose of escorting an interstate prisoner to the State.\ninterstate prisoner means a person who is in the Territory under\nthe authority of a corresponding permit.\nparticipating State means a State in which a corresponding law is\nin force.\nState means a State or another Territory.\n","sortOrder":123},{"sectionNumber":"121","sectionType":"section","heading":"Corresponding interstate laws","content":"121 Corresponding interstate laws\nThe Administrator may, by Gazette notice, declare a law of a State\nto be a corresponding interstate law for this Division if satisfied that\nthe law substantially corresponds with this Division.\n","sortOrder":124},{"sectionNumber":"122","sectionType":"section","heading":"Issue of interstate custodial leave permit","content":"122 Issue of interstate custodial leave permit\n(1) The Commissioner may issue a permit (an interstate custodial\nleave permit) to a prisoner allowing the prisoner to travel to the\nparticipating State specified in the permit:\n(a) for purposes relating to the health and wellbeing of the\nprisoner; or\n(b) if the Minister has approved the issue of the permit on the\ngrounds that there are exceptional personal circumstances\nthat apply to the prisoner.\n(2) An interstate custodial leave permit is subject to:\n(a) any conditions prescribed by regulation; and\n(b) any other conditions specified in the permit.\n\nCorrectional Services Act 2014 56\n","sortOrder":125},{"sectionNumber":"123","sectionType":"section","heading":"Effect of permit","content":"123 Effect of permit\nAn interstate custodial leave permit:\n(a) permits the prisoner specified in the permit to be absent from\nthe custodial correctional facility specified in the permit in the\ncustody of an escort for the purposes and for the period (not\nexceeding 10 days) specified in the permit; and\n(b) authorises the escort to take and keep in custody the prisoner\nfor:\n(i) escorting the prisoner to the participating State (whether\nor not across another State) and within the participating\nState for the purpose specified in the permit; and\n(ii) returning the prisoner to the custodial correctional\n","sortOrder":126},{"sectionNumber":"124","sectionType":"section","heading":"Appointment of escorts","content":"124 Appointment of escorts\nThe Commissioner may, in writing, appoint as an escort for this\nDivision any person the Commissioner considers to be appropriate.\n","sortOrder":127},{"sectionNumber":"125","sectionType":"section","heading":"Variation or revocation of permit","content":"125 Variation or revocation of permit\nThe Commissioner may at any time:\n(a) vary the terms of an interstate custodial leave permit, including\nthe period of absence specified in the permit and any of its\nconditions, including any prescribed conditions; or\n(b) revoke the permit.\n","sortOrder":128},{"sectionNumber":"126","sectionType":"section","heading":"Notice to participating States and transit States","content":"126 Notice to participating States and transit States\nOn issuing an interstate custodial leave permit, the Commissioner\nmust give written notice of its issue and the period of absence\nspecified in the permit to:\n(a) the corresponding Commissioner and the chief officer of police\nin the participating State to which the prisoner is to travel; and\n(b) the chief officer of police of any other State through which the\nprisoner is to travel by land to reach the participating State.\n\nCorrectional Services Act 2014 57\n","sortOrder":129},{"sectionNumber":"127","sectionType":"section","heading":"Failure to comply with conditions of interstate custodial leave","content":"127 Failure to comply with conditions of interstate custodial leave\npermit\n(1) A prisoner who is absent from a custodial correctional facility on an\ninterstate custodial leave permit commits an offence if:\n(a) the prisoner engages in conduct; and\n(b) the conduct contravenes a condition of the prisoner's leave\npermit.\n(2) It is a defence to a prosecution for an offence against\n","sortOrder":130},{"sectionNumber":"128","sectionType":"section","heading":"Effect of permit issued under corresponding law","content":"128 Effect of permit issued under corresponding law\nThe interstate escort of an interstate prisoner is authorised while in\nthe Territory:\n(a) to take and keep custody of the interstate prisoner for the\npurposes and period set out in the applicable corresponding\npermit; and\n(b) to take and keep custody of the interstate prisoner for\nreturning the interstate prisoner to the participating State.\n","sortOrder":131},{"sectionNumber":"129","sectionType":"section","heading":"Escape from custody of interstate prisoner","content":"129 Escape from custody of interstate prisoner\n(1) A correctional officer or police officer may arrest an interstate\nprisoner who has escaped the custody of an interstate escort.\n(2) An interstate prisoner must be taken before a Local Court Judge if\nthe prisoner:\n(a) has been arrested under subsection (1); or\n(b) attempts to escape from the custody of an interstate escort.\n(3) Despite any corresponding permit issued to the interstate prisoner,\nthe Local Court Judge may, by warrant:\n(a) order the return of the interstate prisoner to the participating\nState in which the permit was issued; and\n(b) order the interstate prisoner to be delivered to an interstate\nescort for that purpose.\n\nCorrectional Services Act 2014 58\n(4) The interstate prisoner may be detained by the Commissioner until:\n(a) the interstate prisoner is delivered into the custody of an\ninterstate escort under the warrant; or\n(b) 7 days have elapsed since the warrant's issue.\n(5) If the interstate prisoner is not delivered into the custody of an\ninterstate escort within 7 days after the warrant's issue, the warrant\nexpires.\nDivision 4 Foreign legal matters leave permit\n","sortOrder":132},{"sectionNumber":"130","sectionType":"section","heading":"Commissioner may issue foreign legal matters leave permit","content":"130 Commissioner may issue foreign legal matters leave permit\n(1) This section applies if, under section 26 or 27 of the Mutual\nAssistance in Criminal Matters Act 1987 (Cth), the Commonwealth\nAttorney-General makes arrangements for a prisoner to travel to a\nforeign country to:\n(a) give evidence at a proceeding relating to a criminal matter; or\n(b) give assistance in relation to an investigation relating to a\ncriminal matter.\n(2) The Commissioner may issue a permit (a foreign legal matters\nleave permit) to a prisoner that authorises the prisoner to travel to\nthe foreign country for that purpose.\n","sortOrder":133},{"sectionNumber":"131","sectionType":"section","heading":"Definition","content":"131 Definition\napproved residence means the place specified in an\nadministrative home detention permit as the place at which the\nprisoner is to reside.\n","sortOrder":134},{"sectionNumber":"132","sectionType":"section","heading":"Commissioner may issue permits","content":"132 Commissioner may issue permits\n(1) The Commissioner may issue a permit (an administrative home\ndetention permit) to a qualifying prisoner that authorises the\nprisoner to reside at a place outside a custodial correctional facility\nthat is specified in the permit.\n(2) A prisoner is a qualifying prisoner if:\n(a) the prisoner is not a disqualified prisoner; and\n\nCorrectional Services Act 2014 59\n(b) the period from which it is proposed the permit will come into\nforce to the prisoner's release date is 12 months or less.\n(3) A prisoner is a disqualified prisoner if the prisoner:\n(a) is under a sentence of imprisonment and one or more of the\nfollowing applies:\n(i) the sentence includes a non-parole period;\n(ii) the prisoner has served less than 50% of the term of\nimprisonment;\n(iii) Part 3, Division 6A of the Sentencing Act 1995 applied to\nthe sentence and the person has not yet served the\nminimum term of imprisonment that the sentencing court\nwas required under that Division to impose;\n(iv) the sentence is for an indefinite term of imprisonment\nunder Part 3, Division 5, Subdivision 4 of the Sentencing\nAct 1995; or\n(b) is a youth prisoner; or\n(c) is a detainee under the Serious Sex Offenders Act 2013; or\n(d) is an immigration detainee.\n","sortOrder":135},{"sectionNumber":"133","sectionType":"section","heading":"Circumstances in which permit may be issued","content":"133 Circumstances in which permit may be issued\n(1) The Commissioner must not issue an administrative home\ndetention permit to a prisoner unless the Commissioner considers\nthat all of the following apply:\n(a) the place proposed as the approved residence is suitable as a\nplace for the prisoner to reside;\n(b) suitable arrangements have been made for the prisoner to\nreside at that place;\n(c) authorising the prisoner to reside at the proposed approved\nresidence is not likely to unduly inconvenience or put at risk:\n(i) other persons living at the proposed approved\nresidence; or\n(ii) the community generally;\n(d) the prisoner agrees to the issue of the permit on the terms and\nconditions proposed by the Commissioner.\n\nCorrectional Services Act 2014 60\n(2) For subsection (1)(c), the Commissioner may take into account the\nviews of members of the community who the Commissioner\nconsiders may be affected by the granting of the permit.\n","sortOrder":136},{"sectionNumber":"134","sectionType":"section","heading":"Duration of permit","content":"134 Duration of permit\nAn administrative home detention permit is in force from the date it\nis issued (or a later date specified in it) until the prisoner's release\ndate.\n","sortOrder":137},{"sectionNumber":"135","sectionType":"section","heading":"Compulsory conditions on permit","content":"135 Compulsory conditions on permit\nThe conditions specified in an administrative home detention permit\nunder section 111(d) must include the condition that the prisoner\nmust not leave the approved residence except at times and for\nperiods:\n(a) prescribed by regulation; or\n(b) otherwise permitted by the Commissioner or a probation and\nparole officer.\n","sortOrder":138},{"sectionNumber":"136","sectionType":"section","heading":"Non-custodial offender provisions apply","content":"136 Non-custodial offender provisions apply\n","sortOrder":139},{"sectionNumber":"Part 4","sectionType":"part","heading":"(including any regulations made for the purposes of that","content":"Chapter 4 (including any regulations made for the purposes of that\nChapter) and section 197(3) apply in relation to a prisoner for whom\nan administrative home detention permit is in force as if:\n(a) the prisoner were a non-custodial offender; and\n(b) the permit were a monitoring order.\n","sortOrder":140},{"sectionNumber":"Part 3","sectionType":"part","heading":"4 Maintaining security and good order – use of","content":"Part 3.4 Maintaining security and good order – use of\nforce\n","sortOrder":141},{"sectionNumber":"137","sectionType":"section","heading":"Correctional officer to maintain security and good order","content":"137 Correctional officer to maintain security and good order\n(1) A correctional officer may take any reasonable and appropriate\nsteps in order to maintain the security and good order of a custodial\ncorrectional facility and prisoners.\n(2) For the purpose of doing so, a correctional officer may use the force\nthat is reasonably necessary.\n(3) Examples of when it may be reasonably necessary to use force\n(a) if a prisoner fails to do something the prisoner is required\nunder this Act to do – to compel the prisoner to do the thing;\n\nCorrectional Services Act 2014 61\n(b) to prevent a prisoner engaging in misconduct;\n(c) to prevent a person at the facility from:\n(i) harming himself or herself or another person; or\n(ii) damaging property;\n(d) in self-defence or to defend someone else;\n(e) to restrain persons causing a disturbance at the facility;\n(f) to prevent the escape of a prisoner.\nNote for section 137\nThere are also other provisions of this Act that provide for the use of force in\nspecific circumstances, including the following:\n(a) section 42(3) – complying with directions of correctional officers;\n(b) section 47(3) – searching prisoner;\n(c) sections 48(4) and 50(5) – assisting person searching prisoner;\n(d) sections 51(3) and 52(3) – assisting person taking sample;\n(e) section 53(2) – using approved identification system;\n(f) sections 92(4) and 93(6) – assisting medical practitioner;\n(g) sections 101(3) and 146(3) – preventing person entering, or removing\nperson from, custodial correctional facility;\n(h) section 147(4) – searching vehicle;\n(i) section 150(3) – arresting person committing offence.\n","sortOrder":142},{"sectionNumber":"138","sectionType":"section","heading":"Limitations of use of force","content":"138 Limitations of use of force\n(1) This section applies when a correctional officer is permitted under\nthis Act to use force.\n(2) The use of force by a correctional officer is reasonably necessary\nonly if the correctional officer reasonably believes that:\n(a) the purpose for which the force is used could not reasonably\nbe achieved in another practicable way; and\n(b) the nature and amount of force used is reasonable in the\ncircumstances.\n","sortOrder":143},{"sectionNumber":"139","sectionType":"section","heading":"Firearms and other weapons","content":"139 Firearms and other weapons\n(1) A correctional officer lawfully using force under this Act may use an\napproved firearm, weapon or restraint for that purpose.\n\nCorrectional Services Act 2014 62\n(2) A correctional officer may possess an approved firearm, weapon or\nrestraint for the purpose of using it as permitted under\nsubsection (1).\napproved means approved by the Commissioner in the\nCommissioner's Directions.\n","sortOrder":144},{"sectionNumber":"140","sectionType":"section","heading":"Commissioner to manage use of force","content":"140 Commissioner to manage use of force\n(1) The Commissioner must ensure that:\n(a) to the extent practicable, force is used under this Act only:\n(i) as a last resort; and\n(ii) when the use of force is reasonably necessary; and\n(b) correctional officers who use force do so in accordance with\nthis Act.\n(2) The Commissioner must issue Commissioner's Directions in\nrelation to the use of force, including as to:\n(a) the circumstances in which, and by whom, force may be used;\nand\n(b) the nature of the force that may be used in those\ncircumstances.\n","sortOrder":145},{"sectionNumber":"141","sectionType":"section","heading":"Arrest of unlawfully absent prisoner","content":"141 Arrest of unlawfully absent prisoner\n(1) If a correctional officer or police officer reasonably believes that a\nprisoner is unlawfully absent from a custodial correctional facility,\nthe officer may arrest the prisoner without warrant.\n(2) As soon as practicable after making the arrest, the officer must take\nthe prisoner (or arrange for the prisoner to be taken) to:\n(a) the custodial correctional facility; or\n(b) another appropriate place.\nExamples for subsection (2)(b)\nExamples of other places where it may be appropriate to take the prisoner\n(a) another custodial correctional facility;\n(b) a police station;\n(c) if the prisoner is sick or injured – a health care facility.\n\nCorrectional Services Act 2014 63\n(3) For the purpose of exercising the power under subsection (1), a\ncorrectional officer may exercise the powers, and has the\nimmunities of, a police officer under the Police Administration\nAct 1978.\nPart 3.5 General matters about custodial correctional\nfacilities\nDivision 1 Matters relating to people and things at custodial\ncorrectional facility\n142 Name and address to be provided\n(1) A correctional officer or employee of the Agency may direct a\nperson who is at, or in the vicinity of, a custodial correctional facility\n(other than a prisoner) to give the person's name and residential\naddress.\n(2) If a person fails to comply with the direction, the General Manager\nmay refuse entry to the person or, if the person is at a facility, direct\nthe person to leave the facility.\n(3) When giving the direction, the officer or employee must tell the\nperson that failure to comply with the direction is an offence.\nNotes for section 142\n3 Failing to give a name or address may constitute an offence against\nsection 185. Entering a facility without authority, or failing to leave when\ndirected to do so, may constitute an offence against section 179 or 180.\n","sortOrder":146},{"sectionNumber":"143","sectionType":"section","heading":"Proof of identity","content":"143 Proof of identity\ndo either or both of the following:\n(a) provide evidence of the person's identity;\n(2) If the person fails to comply with the direction, the General Manager\nmay refuse entry to the person or direct the person to leave the\n\nCorrectional Services Act 2014 64\n(3) The Commissioner may keep details, or a copy, of any thing\n(including a photograph or biometric material (as defined in\nsection 194)) provided by, or taken from, a person for the purpose\nof this section.\nNotes for section 143\n","sortOrder":147},{"sectionNumber":"144","sectionType":"section","heading":"Search of persons at facility","content":"144 Search of persons at facility\nsubmit to a search of the person's clothing and personal\npossessions.\n(2) If a person fails to submit to the search, the General Manager may\nrefuse entry to the person or direct the person to leave the facility.\n(3) A correctional officer may confiscate a thing found during the\nNotes for section 144\n4 Part 3.5, Division 2 makes provision in relation to confiscation and how\n","sortOrder":148},{"sectionNumber":"145","sectionType":"section","heading":"Alcohol and drug testing of persons at facility","content":"145 Alcohol and drug testing of persons at facility\nsubmit to a prescribed alcohol/drug test.\n\nCorrectional Services Act 2014 65\n(2) If a person fails to submit to the test, or the test reveals the\npresence of alcohol or a drug, the General Manager may refuse\nentry to the person or direct the person to leave the facility.\nNotes for section 145\n4 Section 195 makes provisions for the carrying out of prescribed\nalcohol/drug tests.\n","sortOrder":149},{"sectionNumber":"146","sectionType":"section","heading":"Correctional officer may prevent entry or remove person","content":"146 Correctional officer may prevent entry or remove person\n(1) If a person who has been refused entry to a custodial correctional\nfacility under sections 142 to 145 attempts to enter the facility, a\ncorrectional officer may prevent the person from entering.\n(2) If a person who is directed under sections 142 to 145 to leave a\ncustodial correctional facility does not do so as quickly as\npracticable, a correctional officer may remove the person from the\n(3) For the purpose of preventing entry by, or removing, the person, the\ncorrectional officer may use the force that is reasonably necessary.\n","sortOrder":150},{"sectionNumber":"147","sectionType":"section","heading":"Search of vehicles","content":"147 Search of vehicles\n(1) A correctional services officer may search a vehicle at a custodial\ncorrectional facility if the correctional officer reasonably believes\nthat the vehicle contains something that is:\n(2) For the purpose of the search, the correctional officer may do one\nor more of the following:\n(a) stop the vehicle;\n(b) detain the vehicle for as long as reasonably necessary;\n(c) if the vehicle is locked – direct a person who has the means to\ndo so to unlock it;\n\nCorrectional Services Act 2014 66\n(d) if there is a person in or on the vehicle – direct the person to\nget out or off it.\n(3) If a person fails to comply with a direction under subsection (2)(c)\nor (d), the officer may do one or more of the following:\n(a) open the vehicle;\n(b) remove the person from the vehicle.\n(4) For the purposes of subsection (3), the officer may use the force\nthat is reasonably necessary.\n(5) The correctional officer may confiscate a thing found during the\nNote for subsection (5)\n","sortOrder":151},{"sectionNumber":"148","sectionType":"section","heading":"Search of custodial correctional facility","content":"148 Search of custodial correctional facility\n(1) A correctional officer may search any part of a custodial\ncorrectional facility, including a prisoner's cell.\n(2) The correctional officer may confiscate a thing found during the\n","sortOrder":152},{"sectionNumber":"149","sectionType":"section","heading":"Person loitering may be directed to leave vicinity","content":"149 Person loitering may be directed to leave vicinity\n(1) A correctional officer may direct a person who is loitering in the\nvicinity of a custodial correctional facility to leave the vicinity if the\ncorrectional officer considers it is appropriate to do so in order to\nmaintain the security and good order of the facility.\n\nCorrectional Services Act 2014 67\n(2) When giving the direction, the officer must tell the person that\nfailure to comply with the direction is an offence.\nNote for section 149\nFailing to leave the vicinity of a custodial correctional facility when directed to do\nso may constitute an offence against section 181.\n","sortOrder":153},{"sectionNumber":"150","sectionType":"section","heading":"Arrest of person suspected of offence","content":"150 Arrest of person suspected of offence\n(1) This section applies if a correctional officer reasonably believes that\na person is committing, has committed, or will if not arrested\ncommit:\n(a) if the person is at a custodial correctional facility – an offence\nagainst this or any other Act; or\n(b) if a person is in the vicinity of a custodial correctional facility –\nan offence against this Act.\nNote for subsection (1)\nAn offence against another Act includes the offence against section 112 of the\nCriminal Code of escaping from lawful custody.\n(2) The correctional officer may arrest the person.\n(3) The correctional officer may use the force that is reasonably\nnecessary to do so.\n(4) If a person is arrested, the General Manager:\n(a) must deliver the person to a police officer as soon practicable\nafter the arrest; and\n(b) may detain the person at the facility until the person is\ndelivered to a police officer.\n","sortOrder":154},{"sectionNumber":"151","sectionType":"section","heading":"Definitions","content":"151 Definitions\nlegal item means an item of mail, document or other thing that:\n(a) has been, is being, or is intended to be, given:\n(i) by a prisoner to the prisoner's legal practitioner; or\n\nCorrectional Services Act 2014 68\n(ii) to a prisoner by the prisoner's legal practitioner; and\n(b) is subject to client legal privilege.\nnominated examiner means:\n(a) for a protected item – a person nominated under\nsection 156(1); or\n(b) for a legal item – a person nominated under section 156(2).\nprotected correspondent means one of the following:\n(a) for a custodial correctional facility – an official visitor for that\nfacility;\n(b) a Supreme Court Judge or Local Court Judge;\n(c) a member of the Legislative Assembly;\n(d) the Ombudsman;\n(e) the Children's Commissioner;\n(f) the Commissioner for Health and Community Services\nComplaints;\n(g) the Anti-Discrimination Commissioner;\n(h) the Information Commissioner;\n(i) the ICAC;\n(j) the Commissioner of Police;\n(k) the Director of Public Prosecutions;\n(l) Australian Human Rights Commission established by\nsection 7 of the Australian Human Rights Act 1986 (Cth);\n(m) Australian Crime Commission established by section 7 of the\nAustralian Crime Commission Act 2002 (Cth);\n(n) for a prisoner – a health practitioner of whom the prisoner is a\npatient;\n(o) a person or entity prescribed by regulation.\n\nCorrectional Services Act 2014 69\nprotected item means an item of mail, document or other thing\nthat:\n(a) has been, is being, or is intended to be, given:\n(i) by a prisoner to a protected correspondent; or\n(ii) to a prisoner by a protected correspondent; and\n(b) relates to the performance by the protected correspondent of\nthe correspondent's official functions.\nprotected/legal item means a protected item or a legal item.\n","sortOrder":155},{"sectionNumber":"152","sectionType":"section","heading":"Conduct of searches – use of devices and dogs","content":"152 Conduct of searches – use of devices and dogs\nFor the purposes of conducting a search under this Act, a\ncorrectional officer may make use of either or both of the following:\n(a) an electronic or other screening or scanning device;\n(b) a correctional services dog.\n","sortOrder":156},{"sectionNumber":"153","sectionType":"section","heading":"Confiscation of protected/legal items","content":"153 Confiscation of protected/legal items\n(1) This section applies if a correctional officer conducting a search\nunder this Act finds a thing that purports to be a protected/legal\nitem.\n(2) The correctional officer:\n(a) must not open or inspect the thing; and\n(b) may confiscate the thing only if the correctional officer\nreasonably believes that:\n(i) it is not a thing that has been, is being, or is intended to\nbe, given:\n(A) by a prisoner to a protected correspondent or the\nprisoner's legal practitioner; or\n(B) to a prisoner by a protected correspondent or the\nprisoner's legal practitioner; or\n(ii) it is, or contains a thing that is, a prohibited thing.\n\nCorrectional Services Act 2014 70\n(3) If a correctional officer confiscates a thing that purports to be a\nprotected/legal item, the correctional officer must, as soon as\npracticable, give it to:\n(a) if it purports to be a protected item – a nominated examiner; or\n(b) if it purports to be a legal item – the General Manager.\n(4) As soon as practicable after being given a confiscated thing under\nsubsection (3)(b), the General Manager must give it to a nominated\nexaminer.\n","sortOrder":157},{"sectionNumber":"154","sectionType":"section","heading":"Inspection of purported protected/legal items","content":"154 Inspection of purported protected/legal items\n(1) This section applies if a thing that purports to be a protected/legal\nitem is given to a nominated examiner.\n(2) The nominated examiner must open (if required) and inspect the\nthing to the extent reasonably necessary to determine whether:\n(a) it is a protected/legal item; and\n(b) whether it, or something in it, is a thing that the examiner\nreasonably believes is a prohibited thing.\n(3) As soon as practicable after being given the thing, the nominated\nexaminer must:\n(a) advise the General Manager, in writing, of the examiner's\nfindings on inspecting the thing; and\n(b) give the thing to the General Manager to be dealt with under\nsection 155.\n(4) As soon as practicable after receiving the advice from the\nnominated examiner, the General Manager must advise the\nCommissioner, in writing, of the following:\n(a) the fact that the thing was confiscated;\n(b) the grounds for the belief mentioned in section 153(2)(b);\n(c) the findings of the nominated examiner on inspecting the\nthing;\n(d) how the thing was dealt with under section 155.\n","sortOrder":158},{"sectionNumber":"155","sectionType":"section","heading":"General Manager to deal with inspected items","content":"155 General Manager to deal with inspected items\n(1) This section applies if a thing that purports to be a protected/legal\nitem is given to the General Manager under section 154(3)(b).\n\nCorrectional Services Act 2014 71\n(2) If the nominated examiner found that the thing was not a\nprotected/legal item, the General Manager must deal with it under\nsection 157(3) as a confiscated thing.\n(3) If the nominated examiner found that the thing was a\nprotected/legal item, subject to subsections (4) and (5), the General\nManager must:\n(a) if the protected/legal item was confiscated from a person –\nreturn it to that person; or\n(b) if the protected/legal item was mail:\n(i) if it was sent to a prisoner – give it to the prisoner; or\n(ii) otherwise – send it to the addressee.\n(4) If the General Manager reasonably believes that the protected/legal\nitem is a prohibited thing, the General Manager may deal with it\nunder section 157(3).\n(5) If the General Manager reasonably believes that the protected/legal\nitem contains a thing that is a prohibited thing, the General\nManager:\n(a) may remove the thing and deal with it under section 157(3);\nand\n(b) must deal with the rest of the protected/legal item under\nsubsection (3).\n(6) However, if the protected/legal item is a document and only part of\nit is a prohibited thing, the General Manager may redact that part of\nthe document and deal with the document under subsection (3).\n","sortOrder":159},{"sectionNumber":"156","sectionType":"section","heading":"Nomination of nominated examiners","content":"156 Nomination of nominated examiners\n(1) The General Manager of a custodial correctional facility may\nnominate a correctional officer, an employee of the Agency, or\nhimself or herself, to be a nominated examiner for protected items.\n(1A) Despite subsection (1), for protected items where the protected\ncorrespondent is the ICAC, the nominated examiner is:\n(a) the Inspector; or\n(b) a person agreed by the Commissioner and the ICAC.\n(2) The Minister must nominate a legal practitioner to be a nominated\nexaminer for legal items.\n\nCorrectional Services Act 2014 72\nInspector, see section 4 of the Independent Commissioner Against\nCorruption Act 2017.\n","sortOrder":160},{"sectionNumber":"157","sectionType":"section","heading":"Dealing with confiscated things","content":"157 Dealing with confiscated things\n(1) This section applies if a correctional officer confiscates a thing\nunder this Act, unless section 153(3) applies.\n(2) As soon as practicable after confiscating it, the correctional officer\nmust give the thing to the General Manager.\n(3) The General Manager must do one of the following with the thing:\n(a) if it was confiscated from a person at, or wishing to enter, the\nfacility:\n(i) give it back to the person; or\n(ii) hold it and return it to the person when the person\nleaves the facility;\n(b) if it was confiscated from mail being sent into or out of the\nfacility:\n(i) return it to the sender; or\n(ii) allow it to be delivered to the addressee;\n(c) seize it and give it to the Commissioner to deal with under\nsection 158.\n(4) If the General Manager is holding a thing under subsection (3)(a),\nthe General Manager may later seize it under subsection (3)(c).\n","sortOrder":161},{"sectionNumber":"158","sectionType":"section","heading":"Dealing with seized things","content":"158 Dealing with seized things\n(1) This section applies if a thing (the seized thing) is given to the\nCommissioner under section 157(3)(c).\n(2) The Commissioner may do one of the following with the seized\nthing:\n(a) give it to an appropriate law enforcement agency;\n(b) give it to:\n(i) the person from whom it was confiscated; or\n\nCorrectional Services Act 2014 73\n(ii) a person the Commissioner reasonably believes owns,\nor is lawfully entitled to possession of, the thing;\n(c) retain it for forensic or evidentiary purposes in relation to an\noffence against this Act;\n(d) dispose of it (including by selling it or destroying it).\n(3) If the Commissioner receives any money from the sale of a seized\nthing, the Commissioner must:\n(a) if it was owned by a prisoner – pay the amount received into\nthe prisoner's trust account; or\n(b) pay the amount received to a person the Commissioner\nreasonably believes owned, or was lawfully entitled to\npossession of, the thing.\n","sortOrder":162},{"sectionNumber":"159","sectionType":"section","heading":"Disclosure of information about unlawful or improper conduct","content":"159 Disclosure of information about unlawful or improper conduct\n(1) This section applies if a nominated examiner, the General Manager\nof a custodial correctional facility or the Commissioner (a relevant\nperson):\n(a) obtains information as a result of the inspection of a thing that\npurports to be a protected/legal item; and\n(b) the relevant person reasonably believes that the information\ndiscloses conduct by another person that:\n(i) is unlawful; or\n(ii) constitutes professional misconduct under an Act\napplicable to the other person.\n(2) The relevant person may disclose the information to:\n(a) a relevant law enforcement agency;\n(b) a relevant Minister;\n(c) for professional misconduct – the person or body responsible\nfor taking action in relation to misconduct of that kind;\n(d) if the other person is a member of the staff of, or an agent or\nother representative of, a protected correspondent – the\nprotected correspondent;\n(e) if the relevant person is not the Commissioner – the\n\nCorrectional Services Act 2014 74\n","sortOrder":163},{"sectionNumber":"160","sectionType":"section","heading":"General Manager may declare things to be prohibited","content":"160 General Manager may declare things to be prohibited\n(1) The General Manager of a custodial correctional facility may, in\nwriting, declare a thing to be a prohibited thing for the facility.\n(2) The declaration has effect only while a notice is prominently\ndisplayed at each entrance to the facility identifying the thing as a\nprohibited thing.\n","sortOrder":164},{"sectionNumber":"161","sectionType":"section","heading":"Commissioner to maintain trust accounts","content":"161 Commissioner to maintain trust accounts\n(1) The Commissioner must maintain a trust account for a prisoner.\n(2) The Commissioner must pay the following into the account:\n(a) any amount that the Commissioner is required under this Act\nto pay into the account;\n(b) any amount paid to the Commissioner (by the prisoner or\nanother person) for payment into the prisoner's account.\n(3) The Commissioner may deduct the following from the account:\n(a) any amounts that the Commissioner is permitted under this\nAct to deduct from the account;\n(b) any amounts that the prisoner requests the Commissioner to\npay out of the account.\nExamples for subsection (3)(b)\nExamples of amounts that a prisoner might request the Commissioner to pay\n(a) educational expenses;\n(b) a fine or other amount that the prisoner has been ordered to pay as a\nresult of a conviction for an offence;\n(c) an amount for the purchase of an allowable item.\n(4) When a person ceases to be a prisoner the Commissioner must:\n(a) if the balance of the account:\n(i) is positive – pay an amount equal to the balance to the\nperson; or\n(ii) is negative – write off the amount of the balance; and\n(b) close the prisoner's trust account.\n\nCorrectional Services Act 2014 75\n","sortOrder":165},{"sectionNumber":"162","sectionType":"section","heading":"Commissioner may charge fees","content":"162 Commissioner may charge fees\n(1) The Commissioner may charge a prisoner a fee:\n(a) to recover costs incurred by the Territory in relation to the\nprisoner; or\n(b) for providing a service or thing to the prisoner.\n(2) The amount of fees that may be charged is to be fixed by the\nCommissioner in the Commissioner's Directions.\n(3) The amount fixed for a fee to be charged under:\n(a) subsection (1)(a) – must not exceed the amount of costs\nreasonably incurred; or\n(b) subsection (1)(b) – must be reasonable and proportionate\nhaving regard to the cost of providing the service or thing.\n(4) If the Commissioner charges a prisoner a fee, the Commissioner\nmay deduct the amount of the fee from the prisoner's trust account.\n","sortOrder":166},{"sectionNumber":"163","sectionType":"section","heading":"Use of custodial correctional facilities to accommodate","content":"163 Use of custodial correctional facilities to accommodate\nsheriff's detainees\n(1) The Commissioner may, in accordance with an arrangement with\nthe sheriff under section 12A of the Sheriff Act 1962, agree to\naccommodate a person who is in the custody of the sheriff at a\ncustodial correctional facility.\n(2) A person accommodated under this section:\n(a) is not a prisoner; and\n(b) to the extent practicable, must be kept separate from\nprisoners.\n","sortOrder":167},{"sectionNumber":"164","sectionType":"section","heading":"Act etc. to be made available","content":"164 Act etc. to be made available\n(1) The General Manager of a custodial correctional facility must\nensure that copies of the following are available for inspection by\nprisoners:\n(a) this Act;\n(b) the Regulations;\n(c) the Commissioner's Directions, so far as they relate to the\nconduct and entitlements of prisoners.\n\nCorrectional Services Act 2014 76\n(2) Subsection (1) does not apply to provisions of the Regulations or\nCommissioner's Directions that relate to the maintenance of\nsecurity and good order of a custodial correctional facility or\nprisoners.\n\nCorrectional Services Act 2014 77\nChapter 4 Non-custodial offenders and community\nNotes for Chapter 4\n1 Section 136 extends the operation of this Chapter to prisoners who are\nabsent from a custodial correctional facility under an administrative home\ndetention permit.\n2 Section 27B of the Bail Act 1983 also extends the operation of this Chapter\nto certain accused persons who are released on bail under that Act.\n3 Section 64 of the Serious Sex Offenders Act 2013 extends the operation of\nsome provisions of this Chapter to persons who are subject to supervision\norders under that Act.\n","sortOrder":168},{"sectionNumber":"165","sectionType":"section","heading":"Definitions","content":"165 Definitions\nIn this Part:\napproved monitoring device means a monitoring device\napproved under section 168.\napproved residence, for an offender who is subject to a monitoring\norder, means the place at which the offender is required under the\norder to reside.\ncommunity based order means a community based order made\nunder the Sentencing Act 1995 as in force before the\ncommunity correction order, see section 3(1) of the Sentencing\nAct 1995.\ncommunity custody order means a community custody order\nmade under the Sentencing Act 1995 as in force before the\ncommunity work order means a community work order made\nunder the Sentencing Act 1995 as in force before the\nhome detention order means a home detention order made under\nthe Sentencing Act 1995 as in force before the commencement of\n","sortOrder":169},{"sectionNumber":"Part 2","sectionType":"part","heading":"of the Sentencing and Other Legislation Amendment","content":"Part 2 of the Sentencing and Other Legislation Amendment\nAct 2022.\n\nCorrectional Services Act 2014 78\nintensive community correction order, see section 3(1) of the\nSentencing Act 1995.\nmonitoring device means one of the following:\n(a) an electronic device attached to, or worn by, a person for one\nor more of the following purposes:\n(i) to monitor a person's compliance with a non-custodial\norder;\n(ii) to monitor a person's compliance with this Act;\n(iii) a purpose prescribed by regulation;\n(iv) to enable electronic reporting of the results of the\nmatters mentioned in subparagraphs (i) to (iii);\n(b) a voice recognition system that is designed to:\n(i) verify the voice of a particular person; and\n(ii) enable the person's geographical location to be\nmonitored.\n","sortOrder":170},{"sectionNumber":"166","sectionType":"section","heading":"Non-custodial orders","content":"166 Non-custodial orders\n(1) Each of the following is a non-custodial order:\n(a) a monitoring order;\n(b) a community correction order;\n(c) a community work order.\n(2) Each of the following is a monitoring order:\n(a) an intensive community correction order;\n(b) if the order is subject to a condition of a type that requires the\nCommissioner (or a probation and parole officer) to monitor\ncompliance with the condition – one of the following orders:\n(i) a community correction order;\n(ii) an order made under section 40 of the Sentencing\nAct 1995;\n\nCorrectional Services Act 2014 79\n(iii) an order made under section 11 or 13 of the Sentencing\nAct 1995 as in force before the commencement of Part 2\nof the Sentencing and Other Legislation Amendment\nAct 2022;\n(c) a home detention order;\n(d) a community custody order;\n(e) a community based order;\n(f) a parole order.\n(3) Each of the following is a non-custodial work order:\n(a) a community correction order with a condition to participate in\nan approved project imposed under section 34(1)(a) of the\nSentencing Act 1995;\n(b) an intensive community correction order with a condition to\nparticipate in an approved project imposed under\nsection 48(1)(b) of the Sentencing Act 1995;\n(c) a community custody order;\n(d) a community work order;\n(e) a community based order with a condition to perform\ncommunity work imposed under section 39G(1) of the\nSentencing Act 1995 as in force before the commencement of\nPart 2 of the Sentencing and Other Legislation Amendment\nAct 2022.\n","sortOrder":171},{"sectionNumber":"167","sectionType":"section","heading":"Approval of rehabilitation programs and work","content":"167 Approval of rehabilitation programs and work\nFor the definition of approved project in section 3 of the\nSentencing Act 1995, the Commissioner may approve a\nrehabilitation program or work or both as an approved project.\n","sortOrder":172},{"sectionNumber":"168","sectionType":"section","heading":"Approval of monitoring devices","content":"168 Approval of monitoring devices\nThe Commissioner may approve a monitoring device for use to\nmonitor the location and activities of non-custodial offenders who\nare subject to monitoring orders.\n","sortOrder":173},{"sectionNumber":"169","sectionType":"section","heading":"Direction by probation and parole officer","content":"169 Direction by probation and parole officer\n(1) A probation and parole officer may give a non-custodial offender\nany reasonable direction that the officer considers appropriate.\n\nCorrectional Services Act 2014 80\n(2) A direction under subsection (1) may be about a matter dealt with in\nthe offender's non-custodial order, but the direction must not\ncontradict the order.\n(3) A failure by a non-custodial offender to comply with the direction is\ntaken to be a breach of the conditions of the non-custodial order.\n","sortOrder":174},{"sectionNumber":"170","sectionType":"section","heading":"Commissioner may direct use of monitoring device","content":"170 Commissioner may direct use of monitoring device\nThe Commissioner may direct a non-custodial offender who is\nsubject to a monitoring order to submit to the use of an approved\nmonitoring device (including its attachment to the offender) to\nmonitor the offender's compliance with the order.\n","sortOrder":175},{"sectionNumber":"171","sectionType":"section","heading":"Compliance with monitoring order","content":"171 Compliance with monitoring order\n(1) This section applies in relation to a non-custodial offender who is\nsubject to a monitoring order.\n(2) A probation and parole officer may do one or more of the following:\n(a) enter the approved residence;\n(b) search the approved residence;\n(c) search the non-custodial offender;\n(d) place on, or attach to, the non-custodial offender an approved\nmonitoring device;\n(e) at the approved residence, do either or both of the following:\n(i) install an approved monitoring device and related\nequipment;\n(ii) inspect or remove any installed device or equipment.\n(3) A probation and parole officer may exercise the power mentioned in\nsubsection (2)(e)(ii) after the order has expired in order to remove a\ndevice or related equipment.\nrelated equipment means a thing used in connection with the\neffective operation of an approved monitoring device.\n","sortOrder":176},{"sectionNumber":"172","sectionType":"section","heading":"Alcohol and drug testing","content":"172 Alcohol and drug testing\n(1) A probation and parole officer may direct a non-custodial offender\nto submit to a prescribed alcohol/drug test.\n\nCorrectional Services Act 2014 81\n(2) If the offender does not submit to the test as required under\nsection 195(2):\n(a) the prescribed sampler may take the required sample without\nthe offender's consent; and\n(b) a correctional officer or police officer may assist to enable the\ntest to be conducted, including by doing either or both of the\n(i) taking the offender to a place where the required sample\ncan be taken;\n(ii) assisting a prescribed sampler to obtain the required\nsample.\n(3) In providing the assistance, the officer may use the force that is\nreasonably necessary.\nNotes for section 172\n1 Part 3.4 makes provision in relation to the use of force by a correctional\nofficer.\n2 Section 195 makes provisions for the carrying out of prescribed\nalcohol/drug tests.\n173 Name and address to be provided\n(1) An employee of the Agency may direct a person who is at, or in the\nvicinity of, a community correctional facility to give the person's\nname and residential address.\n(2) When giving the direction, the employee must tell the person that\nfailure to comply with the direction is an offence.\nNote for section 173\nFailing to give a name or address may constitute an offence against section 190.\n","sortOrder":177},{"sectionNumber":"174","sectionType":"section","heading":"Proof of identity","content":"174 Proof of identity\n(1) The employee of the Agency who is in charge of a community\ncorrectional facility may direct a person at, or wishing to enter, the\nfacility to do either or both of the following:\n(a) provide evidence of the person's identity;\n\nCorrectional Services Act 2014 82\n(2) If the person fails to comply with the direction, the employee in\ncharge may refuse entry to the person or direct the person to leave\nthe facility.\n(3) The Commissioner may keep details, or a copy, of any thing\n(including a photograph or biometric material (as defined in\nsection 194)) provided by, or taken from, a person for the purpose\nof this section.\n\nCorrectional Services Act 2014 83\n","sortOrder":178},{"sectionNumber":"175","sectionType":"section","heading":"Possession of things by prisoners","content":"175 Possession of things by prisoners\n(1) A prisoner commits an offence if:\n(a) the prisoner is in possession of a thing; and\n(b) the thing is a prohibited thing.\n(2) Subsection (1) does not apply if the prisoner has the consent of the\nGeneral Manager to be in possession of the thing.\nprohibited thing does not include a thing that is a prohibited thing\nunder the definition of that term in section 4 only because of\nparagraph (g) or (h) of the definition.\nNote for section 175\nThis section applies to a prisoner wherever the prisoner is. It is not limited to a\nprisoner who is at a custodial correctional facility.\n","sortOrder":179},{"sectionNumber":"176","sectionType":"section","heading":"Nothing to pass to or from prisoner","content":"176 Nothing to pass to or from prisoner\n(a) is a visitor at a custodial correctional facility; and\n(b) gives a thing to a prisoner; and\n(2) A prisoner commits an offence if the prisoner:\n(a) is at a custodial correctional facility; and\n(b) gives a thing to another person; and\n\nCorrectional Services Act 2014 84\n(3) Strict liability applies to subsections (1)(a) and (2)(a).\n(4) Subsections (1) and (2) do not apply if:\n(a) the person is a priority visitor and the thing is a protected item;\nor\n(b) the person is the prisoner's legal practitioner and the thing is a\nlegal item.\n","sortOrder":180},{"sectionNumber":"177","sectionType":"section","heading":"Leaving things for prisoner","content":"177 Leaving things for prisoner\n(a) the person leaves a thing at a place; and\n(b) the place:\n(i) is at a custodial correctional facility; or\n(ii) is in the vicinity of a custodial correctional facility; and\n(c) the person does so with the intention that the thing may come\ninto the possession of a prisoner; and\n(d) the person does not have the consent of the General Manager\nto leave the thing.\n(2) Strict liability applies to subsection (1)(b)(i).\n(a) the person is a priority visitor and the thing is a protected item;\nor\n(b) the person is the prisoner's legal practitioner and the thing is a\nlegal item.\n(4) For subsection (1), it is immaterial whether the thing in fact comes\ninto the possession of a prisoner.\n\nCorrectional Services Act 2014 85\n","sortOrder":181},{"sectionNumber":"178","sectionType":"section","heading":"Communicating with prisoner","content":"178 Communicating with prisoner\n(a) is a visitor at a custodial correctional facility; and\n(b) communicates with a prisoner; and\n(a) the person is a priority visitor and the communication relates\nto the performance by the visitor of the visitor's official\nfunctions; or\n(b) the person is the prisoner's legal practitioner and the\ncommunication is subject to client legal privilege.\n","sortOrder":182},{"sectionNumber":"179","sectionType":"section","heading":"Entering custodial correctional facility without authority","content":"179 Entering custodial correctional facility without authority\n(a) the person enters a place; and\n(b) the place is a custodial correctional facility; and\n(c) the person does not have authority to enter the facility.\n(2) Strict liability applies to subsection (1)(b).\n","sortOrder":183},{"sectionNumber":"180","sectionType":"section","heading":"Person directed to leave custodial correctional facility","content":"180 Person directed to leave custodial correctional facility\n(a) is at a custodial correctional facility; and\n(b) has been directed to leave the facility:\n(i) by a correctional officer under section 100; or\n\nCorrectional Services Act 2014 86\n(ii) by the General Manager under sections 142 to 145; and\n(c) engages in conduct that results in a failure to comply with the\ndirection.\n","sortOrder":184},{"sectionNumber":"181","sectionType":"section","heading":"Person loitering in vicinity of custodial correctional facility","content":"181 Person loitering in vicinity of custodial correctional facility\n(a) the person is loitering at a place; and\n(b) the place is in the vicinity of a custodial correctional facility;\nand\n(c) the person has been directed to leave the vicinity by a\ncorrectional officer under section 149; and\n(d) the person engages in conduct that results in a failure to\ncorrectional officer tells the person that failure to comply with the\ndirection is an offence.\n","sortOrder":185},{"sectionNumber":"182","sectionType":"section","heading":"Possession of things at custodial correctional facility","content":"182 Possession of things at custodial correctional facility\n(1) A person, other than a prisoner, commits an offence if:\n(a) the person is at a custodial correctional facility; and\n(b) the person is in possession of a thing; and\n(c) the thing is a prohibited thing; and\n(d) the person does not have the consent of the General Manager\nto possess the thing at the facility.\n\nCorrectional Services Act 2014 87\nprohibited thing does not include a thing that is a prohibited thing\nunder the definition of that term in section 4 only because of\nparagraph (g) or (h) of the definition.\n","sortOrder":186},{"sectionNumber":"183","sectionType":"section","heading":"Removal of property from a custodial correctional facility","content":"183 Removal of property from a custodial correctional facility\nA person commits an offence if the person:\n(a) removes a thing from a custodial correctional facility; and\n(b) is not the owner, or otherwise lawfully entitled to be in\npossession of, the thing; and\n(c) does not have the consent of the General Manager to remove\nthe thing.\nMaximum penalty: 50 penalty units.\n","sortOrder":187},{"sectionNumber":"184","sectionType":"section","heading":"Unauthorised photograph or recording","content":"184 Unauthorised photograph or recording\n(a) is:\n(i) at a custodial correctional facility; or\n(ii) in the vicinity of a custodial correctional facility; and\n(b) takes a photograph or makes a video or audio recording; and\n(c) does so for a purpose related to the facility or a prisoner; and\n(d) does not have the consent of the General Manager to do so.\n(2) Strict liability applies to:\n(a) subsection (1)(a)(i); and\n(b) if the person is at a custodial correctional facility –\nsubsection (1)(c).\n(a) the person is a priority visitor and the photograph or recording\nrelates to the performance by the visitor of the visitor's official\nfunctions; or\n\nCorrectional Services Act 2014 88\n(b) the person is a prisoner's legal practitioner and the\nphotograph or recording is subject to client legal privilege.\n","sortOrder":188},{"sectionNumber":"185","sectionType":"section","heading":"Failure to provide name and address","content":"185 Failure to provide name and address\n(a) the person is:\n(i) at a custodial correctional facility; or\n(ii) in the vicinity of a custodial correctional facility; and\n(b) a correctional officer or employee of the Agency has directed\nthe person to give the person's name and address under\nsection 142; and\n(c) the person engages in conduct that results in a failure to\nofficer or employee tells the person that a failure to comply with the\ndirection is an offence.\nsubsection (1), in the circumstance mentioned in\nsubsection (1)(a)(ii), if the defendant establishes a reasonable\nexcuse.\n","sortOrder":189},{"sectionNumber":"186","sectionType":"section","heading":"Falsely representing to be correctional services officer","content":"186 Falsely representing to be correctional services officer\nA person commits an offence if the person:\n(a) represents, by words or conduct, that the person or another\nperson is a correctional services officer; and\n(b) knows the representation is false.\n\nCorrectional Services Act 2014 89\n","sortOrder":190},{"sectionNumber":"187","sectionType":"section","heading":"Obstruction of correctional services officer","content":"187 Obstruction of correctional services officer\n(a) the person obstructs another person; and\n(c) the person knows the officer is acting in an official capacity.\n(2) Strict liability applies to subsection (1)(b).\nobstruct includes hinder and resist.\n","sortOrder":191},{"sectionNumber":"188","sectionType":"section","heading":"Misleading information","content":"188 Misleading information\n(a) the person gives information to another person; and\n(c) the person knows the information is misleading; and\n(d) the person knows the officer is acting in an official capacity.\n(2) A person commits an offence if:\n(a) the person gives a document to another person; and\n(c) the person knows the document contains misleading\ninformation; and\n(d) the person knows the officer is acting in an official capacity.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n\nCorrectional Services Act 2014 90\n(4) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the\ncorrectional services officer's attention; and\n(b) to the extent that the person can reasonably do so – gives the\nofficer the information necessary to remedy the misleading\naspect of the document.\n(5) In this section:\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n","sortOrder":192},{"sectionNumber":"189","sectionType":"section","heading":"Confidentiality of information","content":"189 Confidentiality of information\n(a) obtains information in the course of performing functions\nconnected with the administration of this Act; and\n(b) engages in conduct that results in the disclosure of the\ninformation.\n(a) the person discloses the information:\n(i) for the administration of this Act; or\n(ii) for legal proceedings arising out of the operation of this\nAct; or\n(b) for information that identifies or otherwise relates to a person\n(person A) – one of the following applies:\n(i) person A has consented to the disclosure;\n(ii) the information is disclosed in a statistical form that does\nnot identify person A;\n\nCorrectional Services Act 2014 91\n(iii) the disclosure does no more than:\n(A) identify the custodial correctional facility at which\nperson A is a prisoner; or\n(B) identify person A as being subject to a\nnon-custodial order or a leave permit; or\n(c) the Commissioner has authorised the disclosure of the\ninformation under subsection (4); or\n(d) the information is otherwise available to the public.\nIn addition to the circumstances mentioned in subsection (3), a person who\ndiscloses confidential information will not be criminally responsible for an offence\nif the disclosure is justified or excused by or under a law (see section 43BE of the\nCriminal Code).\n(4) The Commissioner may, in writing, authorise the disclosure of\ninformation if the Commissioner considers that:\n(a) not disclosing it might reasonably be expected to put a\nperson's life or physical safety at risk; or\n(b) it is otherwise in the public interest.\n","sortOrder":193},{"sectionNumber":"190","sectionType":"section","heading":"Failure to provide name and address at community","content":"190 Failure to provide name and address at community\ncorrectional facility\n(a) the person is at, or in the vicinity of, a community correctional\nfacility; and\n(b) an employee of the Agency has directed the person to give\nthe person's name and address under section 173; and\n(c) the person engages in conduct that results in a failure to\nemployee tells the person that failure to comply with the direction is\nan offence.\n\nCorrectional Services Act 2014 92\n","sortOrder":194},{"sectionNumber":"191","sectionType":"section","heading":"Tampering with samples for alcohol/drug tests","content":"191 Tampering with samples for alcohol/drug tests\nA person commits an offence if the person tampers with a sample\nof breath or a bodily substance given or taken for the purposes of a\nprescribed alcohol/drug test.\n","sortOrder":195},{"sectionNumber":"192","sectionType":"section","heading":"Name change by prisoner or parolee","content":"192 Name change by prisoner or parolee\n(1) A person (person A) commits an offence if:\n(a) person A applies under a name registration Act to register a\nchange of the person's own name or the name for another\nperson; and\n(b) the person whose name it is sought to change (named\nperson) is:\n(i) a prisoner; or\n(ii) a non-custodial offender who is subject to a parole order;\nand\n(c) person A does not have the consent of the Commissioner to\nmake the application.\n(2) If person A is the named person, strict liability applies to\nsubsection (1)(b).\n(4) For subsection (1)(c), in deciding whether to give consent, the\nCommissioner must have regard to each of the following:\n(a) the nature of the offence committed by the named person;\n(b) the named person's criminal history;\n(c) whether the proposed name change could be used to further\nan unlawful activity or purpose;\n\nCorrectional Services Act 2014 93\n(d) whether the proposed name change could be considered\noffensive to victims, or the families of victims, of offences\ncommitted by the named person.\n(5) As a secondary consideration, the Commissioner may have regard\nto the interests of the named person.\n(6) In this section:\nname registration Act means:\n(a) the Births, Deaths and Marriages Registration Act 1996; or\n(b) an Act of another jurisdiction that permits a person to register\na change of the person's name.\n","sortOrder":196},{"sectionNumber":"193","sectionType":"section","heading":"Harming correctional services dog","content":"193 Harming correctional services dog\n(a) engages in conduct that results in harm to, or the death of, a\ndog; and\n(b) the person knows the dog is a correctional services dog.\n(2) It is a defence to a prosecution for an offence against\n(3) A court that finds a person guilty of an offence against\nsubsection (1) may, in addition to any other penalty that may be\nimposed, order the person to pay restitution to the Territory.\n(4) The amount the person may be ordered to pay is the reasonable\ncost of either or both of the following:\n(a) the treatment, care, rehabilitation and retraining of the dog;\n(b) if it is necessary to replace the dog – the acquisition and\ntraining of its replacement.\n\nCorrectional Services Act 2014 94\n","sortOrder":197},{"sectionNumber":"194","sectionType":"section","heading":"Approvals for identification systems","content":"194 Approvals for identification systems\n(1) The Commissioner may approve an identification system for the\npurposes of any of the following:\n(a) identifying prisoners under section 53;\n(ab) identifying persons under section 143;\n(b) identifying persons under section 174.\n(2) In this section:\nbiometric information includes fingerprints, hand and palm\ngeometry, face recognition and retinal scans.\nidentification system means a system for establishing or\nconfirming a person's identity, whether through the use of biometric\ninformation or otherwise.\n","sortOrder":198},{"sectionNumber":"195","sectionType":"section","heading":"Alcohol and drug testing","content":"195 Alcohol and drug testing\n(1) Regulations may prescribe one or more of the following:\n(a) alcohol/drug tests for use under this Act;\n(b) persons who are prescribed samplers for a prescribed\nalcohol/drug test;\n(c) matters in relation to the carrying out of a prescribed\nalcohol/drug test.\n(2) If a person is required under this Act to submit to a prescribed\nalcohol/drug test, the person must:\n(a) give to a prescribed sampler, or allow a prescribed sampler to\ntake, (as the case requires) a sample of breath or a bodily\nsubstance that is sufficient for the purposes of the test; and\n(b) comply with any reasonable direction of the prescribed\nsampler.\nTampering with a sample may constitute an offence against section 191.\n\nCorrectional Services Act 2014 95\n(3) A sample of breath or a bodily substance given or taken for a\nprescribed alcohol/drug test is the property of the Territory.\nalcohol/drug test means a test under which a sample of a person's\nbreath, blood, saliva, urine or another bodily substance is tested or\nanalysed to detect the presence, or ascertain the concentration of,\nalcohol or a drug.\n","sortOrder":199},{"sectionNumber":"196","sectionType":"section","heading":"Criminal history to be provided","content":"196 Criminal history to be provided\n(1) The Commissioner may request that the Commissioner of Police\nprovide a report on the criminal history of the following:\n(a) an offender;\n(b) a correctional services officer;\n(c) a person employed in the Agency;\n(d) a volunteer;\n(e) a person about whom the Minister is consulting the\nCommissioner under section 26(4);\n(f) a person applying to become a person mentioned in\nparagraph (b), (c) or (d).\n(2) The Commissioner of Police must provide the report as soon as\npracticable.\n(3) To the extent reasonably necessary for the control and\nmanagement of an offender, the Commissioner may disclose\ninformation from the report about the offender to a person having\nthe control or management of the offender.\nExample for subsection (3)\nAn offender's employer under a community work program.\ncriminal history includes details of any spent records, as defined\nin section 3(1) of the Criminal Records (Spent Convictions)\nAct 1992.\n\nCorrectional Services Act 2014 96\n","sortOrder":200},{"sectionNumber":"197","sectionType":"section","heading":"Records to be kept","content":"197 Records to be kept\n(1) The Commissioner must keep records in relation to correctional\nservices establishments and offenders that are sufficient for the\nproper control and management of the establishments and\noffenders.\n(2) Without limiting subsection (1), the records must include the\nfollowing information for each prisoner:\n(a) the prisoner's identity;\n(b) the order or other authority under which the prisoner is a\n(c) details of every occasion on which force is used by a\ncorrectional officer in relation to the prisoner;\n(d) details of all leave permits issued to the offender;\n(e) details of all property confiscated from the prisoner (including\nhow it was dealt with);\n(f) details of all protected/legal items relating to the prisoner\ninspected under section 154 (including how they were dealt\nwith).\n(3) Without limiting subsection (1), the records must include the\nfollowing information for each non-custodial offender:\n(a) the offender's identity;\n(b) the offender's non-custodial order;\n(c) for an offender who is subject to a non-custodial work order –\ndetails of work carried out under the order;\n(d) for an offender who is subject to a monitoring order – details of\noccasions on which an approved monitoring device is used in\nrelation to the offender.\n","sortOrder":201},{"sectionNumber":"198","sectionType":"section","heading":"Damage to property – cost recoverable by Territory","content":"198 Damage to property – cost recoverable by Territory\n(1) An offender who damages correctional services property is liable to\npay restitution to the Territory for the reasonable costs of repairing\nor replacing the property.\n(2) The Territory may recover restitution payable under subsection (1)\nas a debt due to the Territory.\n\nCorrectional Services Act 2014 97\ncorrectional services property means:\n(a) a thing at a correctional services establishment that is owned\nor used by the Territory; and\n(b) approved monitoring devices and related equipment (as\ndefined in section 171(4)).\n","sortOrder":202},{"sectionNumber":"199","sectionType":"section","heading":"Protection from liability","content":"199 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(a) a correctional services officer;\n(b) an official visitor;\n(c) a volunteer;\n(d) an authorised person.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) An authorised person who performs a relevant function that the\nperson is authorised to perform, is taken, for all purposes, to have\ndone so with the consent of the person in respect of whom the\nfunction is performed.\nauthorised person means a health practitioner or other person\nauthorised to perform a relevant function.\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\nrelevant function means one of the following:\n(a) examining a prisoner under section 92 or 93;\n(b) providing health care under section 92;\n\nCorrectional Services Act 2014 98\n(c) administering medication under section 93;\n(d) carrying out a search under section 48 or 50;\n(e) doing any of the following in relation to a prescribed\nalcohol/drug test or buccal swab under section 52:\n(i) taking a sample;\n(ii) carrying out a test;\n(iii) analysing a sample;\n(f) a function prescribed by regulation.\n","sortOrder":203},{"sectionNumber":"200","sectionType":"section","heading":"Prosecutions","content":"200 Prosecutions\n(1) Proceedings for an offence against this Act may be started only by:\n(a) the Commissioner; or\n(b) a person authorised by the Minister.\n(2) The proceedings must be started within 6 months after the date on\nwhich the Commissioner first became aware of the commission of\nthe offence.\n","sortOrder":204},{"sectionNumber":"201","sectionType":"section","heading":"Evidentiary matters in relation to prescribed alcohol/drug tests","content":"201 Evidentiary matters in relation to prescribed alcohol/drug tests\n(1) This section applies for the purposes of legal proceedings arising\nout of the operation of this Act in which the carrying out or results of\na prescribed alcohol/drug test are relevant.\n(2) If a prescribed alcohol/drug test detects:\n(a) the presence of alcohol in a sample of a person's breath; or\n(b) the presence of alcohol or a drug in a person's body;\nthe person is taken to have consumed or used alcohol or the drug,\nunless the contrary is proved.\nIn criminal proceedings, the defendant has a legal burden of proof in relation to\nproving to the contrary (see section 43BV(c) of the Criminal Code).\n(3) A certificate signed by a prescribed certifier stating matters relating\nto a certifiable matter is evidence of the matters stated in the\ncertificate and the facts on which they are based.\n\nCorrectional Services Act 2014 99\ncertifiable matter, for a prescribed certifier, means a matter\nrelating to a prescribed alcohol/drug test that is specified in the\nregulations as a matter in relation to which the certifier may issue\nan evidentiary certificate.\nprescribed certifier means a person prescribed by regulation as a\nperson who may issue an evidentiary certificate.\n","sortOrder":205},{"sectionNumber":"202","sectionType":"section","heading":"Civil proceedings","content":"202 Civil proceedings\n(1) Civil proceedings in relation to an act done or omitted to be done by\na person under this Act must be started within 6 months after the\nact was done or omitted to be done.\n(2) However, subsection (1) does not prevent a court exercising its\njurisdiction under section 44 of the Limitation Act 1981.\n","sortOrder":206},{"sectionNumber":"203","sectionType":"section","heading":"Acquisition on just terms","content":"203 Acquisition on just terms\nIf the operation of this Act would, apart from this section, result in\nan acquisition of property from a person otherwise than on just\nterms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n","sortOrder":207},{"sectionNumber":"204","sectionType":"section","heading":"Training in relation to dangerous drugs","content":"204 Training in relation to dangerous drugs\nFor Part VIA of the Police Administration Act 1978, a correctional\nofficer who is attending police training in relation to dangerous\ndrugs is taken to be a police officer.\n","sortOrder":208},{"sectionNumber":"205","sectionType":"section","heading":"Commissioner's Directions","content":"205 Commissioner's Directions\n(1) The Commissioner may issue written directions in relation to the\n(a) the internal management of correctional services\nestablishments;\n\nCorrectional Services Act 2014 100\n(b) the maintenance of security and good order of correctional\nservices establishments and offenders;\n(c) anything required or permitted by this Act to be provided for in\nthe Commissioner's Directions;\n(d) the exercise of powers and performance of functions under\nthis Act by correctional services officers, volunteers and\nemployees of the Agency.\n(2) The Commissioner's Directions must not conflict with the Act or the\nRegulations.\n(3) The Commissioner must publish the Directions as the\nCommissioner considers appropriate.\n","sortOrder":209},{"sectionNumber":"206","sectionType":"section","heading":"Approved forms","content":"206 Approved forms\nThe Commissioner may approve forms for use under this Act.\n","sortOrder":210},{"sectionNumber":"207","sectionType":"section","heading":"Regulations","content":"207 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) Without limiting subsection (1), regulations may make provision in\nrelation to the following:\n(a) the control and management of correctional services\nestablishments, including practices and procedures to be\nfollowed in relation to those establishments;\n(b) the control and management of offenders, including practices\nand procedures to be followed by, or in relation to, offenders;\n(c) the exercise of powers and performance of functions under\nthis Act (including limitations on when and how correctional\nservices officers may exercise powers and performance\nfunctions);\n(d) the making of awards to persons for conduct relating to\ncorrectional services.\n\nCorrectional Services Act 2014 101\n","sortOrder":211},{"sectionNumber":"Part 6","sectionType":"part","heading":"1 Repeal","content":"Part 6.1 Repeal\n","sortOrder":212},{"sectionNumber":"208","sectionType":"section","heading":"Repeal","content":"208 Repeal\nThe Acts specified in the Schedule are repealed.\nNote for section 208\nSome of the Regulations in force under the Prisons (Correctional Services)\nAct 1980 immediately before the commencement of this Act are not repealed and\nbecome regulations under this Act (see section 218).\nPart 6.2 Transitional provisions for Correctional\nServices Act 2014\n","sortOrder":213},{"sectionNumber":"209","sectionType":"section","heading":"Definitions","content":"209 Definitions\nIn this Part:\ncommencement means the commencement of section 208.\nrepealed Act means the Prisons (Correctional Services) Act as in\nforce before the commencement.\n","sortOrder":214},{"sectionNumber":"210","sectionType":"section","heading":"Custodial correctional facilities","content":"210 Custodial correctional facilities\n(1) On the commencement, each place, premises or institution that\nwas a prison under the repealed Act immediately before the\ncommencement becomes a correctional centre under section 12.\n(2) On the commencement, each place, premises or institution that\nwas a police prison under the repealed Act immediately before the\ncommencement becomes a police custody centre under section 13.\n","sortOrder":215},{"sectionNumber":"211","sectionType":"section","heading":"Correctional services officers","content":"211 Correctional services officers\n(1) On the commencement, the person who was the Director of\nCorrectional Services under the repealed Act immediately before\nthe commencement becomes the Commissioner under section 17.\n(2) On the commencement, the person who was the officer in charge of\na prison under the repealed Act immediately before the\ncommencement becomes the General Manager of the\ncorresponding correctional centre under section 21.\n\nCorrectional Services Act 2014 102\n(3) On the commencement, each person who was a prison officer\nunder the repealed Act immediately before the commencement\nbecomes a correctional officer under section 24.\n(4) On the commencement, each person who was a surveillance officer\nunder the repealed Act or a parole officer under the Parole of\nPrisoners Act 1971 immediately before the commencement\nbecomes a probation and parole officer under section 25.\n","sortOrder":216},{"sectionNumber":"212","sectionType":"section","heading":"Official visitors","content":"212 Official visitors\nOn the commencement, a person who was an official visitor for a\nprison under the repealed Act immediately before the\ncommencement becomes an official visitor for the corresponding\ncustodial correctional centre under section 26.\n","sortOrder":217},{"sectionNumber":"213","sectionType":"section","heading":"Misconduct – existing charges","content":"213 Misconduct – existing charges\n(1) This section applies if, before the commencement, a charge of\nprison misconduct had been brought against a prisoner and, as at\nthe commencement, the charge had not been finally determined.\n(2) The proceedings for the charge (including any review or appeal) are\nto be continued and completed in accordance with the repealed Act\nas if this Act had not commenced.\n","sortOrder":218},{"sectionNumber":"214","sectionType":"section","heading":"Misconduct – prior conduct may be charged under this Act","content":"214 Misconduct – prior conduct may be charged under this Act\nIn Part 3.1, Division 3, a reference to conduct engaged in by a\nprisoner includes a reference to conduct engaged in before the\ncommencement (unless a charge of misconduct had been made in\nrelation to the conduct under the repealed Act).\n","sortOrder":219},{"sectionNumber":"215","sectionType":"section","heading":"Leave","content":"215 Leave\n(1) On the commencement, any leave of absence under section 63 of\nthe repealed Act that was in force immediately before the\ncommencement becomes a general leave permit under\nsection 118.\n(2) On the commencement, a supervised custodial interstate permit\nunder the repealed Act that was in force immediately before the\ncommencement becomes an interstate custodial leave permit under\nsection 122.\n(3) On the commencement, any leave of absence under section 65L of\nthe repealed Act that was in force immediately before the\ncommencement becomes a foreign legal matters leave permit\nunder section 130.\n\nCorrectional Services Act 2014 103\n","sortOrder":220},{"sectionNumber":"216","sectionType":"section","heading":"Prisoner's trust accounts","content":"216 Prisoner's trust accounts\nIf, immediately before the commencement, the Director held an\namount of money on behalf of a person who was a prisoner, on the\ncommencement that amount constitutes the balance of the\nprisoner's trust account under section 161.\n","sortOrder":221},{"sectionNumber":"217","sectionType":"section","heading":"Commissioner's Directions","content":"217 Commissioner's Directions\nOn the commencement, any Director's determinations under the\nrepealed Act that were in force immediately before the\ncommencement become Commissioner's Directions under\nsection 205.\n","sortOrder":222},{"sectionNumber":"218","sectionType":"section","heading":"Regulations","content":"218 Regulations\n(1) On the commencement, the Prisons (Correctional Services)\n(Community Orders) Regulations that were in force immediately\nbefore the commencement become regulations under this Act.\n(2) Those regulations expire on 1 July 2016 (if not sooner repealed).\n","sortOrder":223},{"sectionNumber":"219","sectionType":"section","heading":"Other statutory instruments","content":"219 Other statutory instruments\n(a) a provision of the repealed Act provided for statutory\ninstruments to be made for a purpose; and\n(b) a provision of this Act provides for statutory instruments to be\nmade for the same or a substantially similar purpose; and\n(c) a statutory instrument made under the provision of the\nrepealed Act was in force immediately before the\ncommencement.\n(2) On the commencement, the statutory instrument becomes a\nstatutory instrument under the provision of this Act.\n(3) The instrument applies with the necessary changes.\n(4) All statutory instruments to which this section applies expire on\n1 July 2016 (if not sooner revoked).\n","sortOrder":224},{"sectionNumber":"220","sectionType":"section","heading":"Continuation of ongoing things","content":"220 Continuation of ongoing things\n(a) a provision of the repealed Act conferred a power or function\non a person (person A); and\n\nCorrectional Services Act 2014 104\n(b) a provision of this Act confers the same or a substantially\nsimilar power or function on a person (person B); and\n(c) as at the commencement, something that was done by, or in\nrelation to, person A in or for the exercise of the power or\nperformance of the function under the repealed Act had\nongoing effect.\n(2) On the commencement, the thing becomes a thing having the same\neffect under this Act as if it had been done by, or in relation to,\nperson B in the exercise of the power or performance of the\nfunction under this Act.\n(3) This section does not apply in relation to something in respect of\nwhich provision is made by another section in this Part.\n","sortOrder":225},{"sectionNumber":"221","sectionType":"section","heading":"Court orders, warrants of commitment","content":"221 Court orders, warrants of commitment\nAn order of a court or other person or body, or a warrant of\ncommitment, conferring authority on an officer in charge of a prison\nto hold an offender in custody that was in force immediately before\nthe commencement, is taken to confer authority on the\nCommissioner to hold the offender in custody on the same terms\nand conditions.\n","sortOrder":226},{"sectionNumber":"222","sectionType":"section","heading":"Definition of prisoner","content":"222 Definition of prisoner\nFor section 6, it is immaterial whether the person was committed,\nremanded or detained, the order was made, or the sentence was\nimposed, before or after the commencement.\n","sortOrder":227},{"sectionNumber":"223","sectionType":"section","heading":"Confidentiality of information","content":"223 Confidentiality of information\nIn section 189:\n(a) a reference to this Act includes a reference to the repealed\nAct; and\n(b) a reference to a person obtaining information includes a\nreference to a person having obtained information before the\ncommencement.\n\nCorrectional Services Act 2014 105\nsection 208\nPrisons (Correctional Services) Act 1980 Act No. 49 of 1980\nPrisons (Correctional Services) (Criminal Code)\nAmendment Act 1983\nAct No. 64 of 1983\nPrisons (Correctional Services) Amendment Act 1985 Act No. 39 of 1985\nPrisons (Correctional Services) Amendment Act 1993 Act No. 39 of 1993\nPrisons (Correctional Services) Amendment Act 1994 Act No. 21 of 1994\nAct (No.2) 1994\nAct No. 32 of 1994\nPrisons (Correctional Services) Amendment Act 1996 Act No. 41 of 1996\nAct (No. 2) 1996\nAct No. 63 of 1996\nPrisons (Correctional Services) Amendment Act 1998 Act No. 60 of 1998\nAct (No. 2) 1998\nAct No. 88 of 1998\nPrisons (Correctional Services) Amendment Act 2000 Act No. 22 of 2000\nAct (No. 2) 2000\nAct No. 53 of 2000\nPrisons (Correctional Services) Amendment Act 2002 Act No. 27 of 2002\n\nCorrectional Services Act 2014 106\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nCorrectional Services Act 2014 (Act No. 26, 2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 1)\nEducation Act 2015 (Act No. 28, 2015)\nAssent date 10 December 2015\nCommenced pt 6, divs 2 and 4 and pt 7: 1 April 2016; pt 3: 1 July 2016;\nrem: 1 January 2016 (s 2)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nGuardianship of Adults Act 2016 (Act No. 15, 2016)\nAssent date 7 June 2016\nCommenced 28 July 2016 (Gaz S74, 27 July 2016, p 1)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nYouth Justice Legislation Amendment Act 2017 (Act No. 19, 2017)\nAssent date 30 October 2017\nCommenced 5 January 2018 (Gaz G51, 20 December 2017, p 4)\nIndependent Commissioner Against Corruption (Consequential and Related\nAmendments) Act 2018 (Act No. 3, 2018)\nAssent date 21 February 2018\nCommenced 30 November 2018 (s 2, s 2 Independent Commissioner\nAgainst Corruption Act 2017 (Act No. 23, 2017) and Gaz S94,\n30 November 2018)\n\nCorrectional Services Act 2014 107\nStatute Law Amendment Act 2018 (Act No. 10, 2018)\nAssent date 23 May 2018\nCommenced 20 June 2018 (Gaz S41, 20 June 2018)\nHealth Service Act 2021 (Act No. 10, 2021)\nAssent date 20 May 2021\nCommenced 1 July 2021 (s 2)\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other\nLegislation Amendment Act 2022 (Act No. 28, 2022) and\nGaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2\nCriminal Justice Legislation Amendment (Sexual Offences)\nAct 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\nJustice and Other Legislation Further Amendment Act 2024 (Act No. 9, 2024)\nAssent date 24 May 2024\nCommenced pt 4: 1 July 2024 (s 2(2)), s 2 Health Care Decision Making\nAct 2023 (Act No. 19, 2023) and Gaz G13, 20 June 2024,\np 2); pts 9 and 10: 1 July 2024 (s 2(3)); pt 8: nc;\nrem: 25 May 2024 (s 2(1))\nCorrectional Services Legislation Amendment Act 2025 (Act No. 3, 2025)\nAssent date 18 February 2025\nCommenced 19 February 2025 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 4, 6, 9, 19A, 54, 57, 64,\n81, 88, 89, 91, 112, 132, 141, 156, 163, 165, 166, 167, 192, 196, 202, 204\nand 211.\n4 LIST OF AMENDMENTS\ns 4 amd No. 8, 2016, s 45; No. 19, 2017, s 28; No. 4, 2024, s 23; No. 3, 2025, s 4\ns 13 amd No. 19, 2017, s 29\ns 14 amd No. 19, 2017, s 30\ns 16 amd No. 3, 2025, s 5\ns 19A ins No. 3, 2018, s 4\npt 2.2\ndiv 4 hdg ins No. 3, 2025, s 6\nss 25A – 25E ins No. 3, 2025, s 6\ns 40 amd No. 19, 2017, s 31\ns 57 amd No. 28, 2015, s 195\ns 65 amd No. 19, 2017, s 32\ns 66 rep No. 19, 2017, s 33\ns 67 amd No. 19, 2017, s 34\ns 77 amd No. 10, 2018, s 6\ns 88 amd No. 10, 2021, s 44\ns 91 amd No. 15, 2016, s 117; No. 9, 2024, s 12\n\nCorrectional Services Act 2014 108\ns 129 amd No. 8, 2016, s 45\ns 151 amd No. 8, 2016, s 45; No. 3, 2018, s 5\ns 156 amd No. 3, 2018, s 6\ns 165 amd No. 4, 2024, s 24\ns 166 sub No. 4, 2024, s 25\ns 194 amd No. 4, 2017, s 34\ns 224 exp No. 26, 2014, s 224(5)","sortOrder":228}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's operational scope has been expanded since enactment. Amendments and notes broadened non‑custodial monitoring and home detention coverage (eg ss 136, 165–171, 170–171), introduced Commissioner obligations to facilitate ICAC access (s 19A) and added special correctional services officers (ss 25A–25E). Transitional and amendment provisions incorporate interjurisdictional and administrative mechanisms (eg Parts 3.3, 6), increasing supervisory, monitoring and oversight functions beyond the original prisons‑management focus."},"complexity_factors":["Lengthy, multi-part structure covering custodial and non-custodial regimes across many Chapters and Parts","Extensive defined terms and cross-references to other Territory and Commonwealth statutes (eg Sentencing Act, Migration Act, Health Service Act, ICAC Act)","Broad administrative discretion vested in Commissioner and General Managers with delegated rule‑making (ss 18–21, 205) increasing interpretive variation","Numerous operational powers (searches, intimate searches, monitoring devices, buccal swabs, forced assistance) with layered procedural limits (ss 47–53, 48, 50, 51–53, 137–140)","Complex leave and transfer regimes, including interstate and foreign permits with interjurisdictional notice and arrest rules (ss 109–130)","Multiple exceptions to procedural fairness and review (eg natural justice excluded for leave: s 116; limited review routes for misconduct: ss 71–79)","Detailed offence provisions with some strict‑liability elements and high penalties (eg ss 175–177, 179–184, 186–191)","Administrative, evidentiary and record‑keeping obligations with statutory interaction for health and security information sharing (ss 82–89, 197, 189)","Recent amendments expanding roles (eg special officers) and oversight access (s 19A) add layering and transitional provisions"],"plain_english_summary":"Creates the Northern Territory's correctional framework: appoints a Commissioner and General Managers (ss 17, 21), declares custodial and community facilities (ss 11–15), and sets detailed powers for prisoner management, searches, leave, use of force and electronic monitoring (ss 47–53, 109, 137–140, 170–171). Prisoners have trust accounts and may be charged fees (ss 161–162). The Commissioner holds broad administrative discretion and issues Directions (ss 18–19, 205). The Act also imposes compliance duties and criminal penalties on offenders, visitors, staff and volunteers for breaches (eg ss 142–146, 175–189)."},"kimi_summary":{"_metrics":{"completionTokens":928},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a comprehensive correctional services statute. The 2025 amendments added special correctional services officers (sections 25A-25E) and ICAC access provisions (section 19A), but these represent incremental expansion within the core correctional framework rather than scope creep into unrelated areas."},"complexity_factors":["Extensive cross-referencing with other NT Acts (Sentencing Act, Youth Justice Act, Serious Sex Offenders Act, Migration Act, etc.)","47 defined terms in section 4 alone, with many more throughout","Nested conditional logic — e.g., leave permits have conditions, which can be varied, with automatic revocation triggers","Multiple overlapping categories: prisoners vs non-custodial offenders; youth vs adult; sentenced vs remanded; immigration detainees","Detailed procedural requirements for misconduct hearings (sections 68-80) with review rights and further review rights","Protected/legal items scheme (sections 151-159) creates special handling rules for privileged communications with multiple decision points","Use of force provisions scattered across Act with cross-references to Part 3.4","Administrative home detention has complex eligibility criteria (section 132) excluding multiple categories of prisoner","Transitional provisions preserving old Act arrangements with conversion rules"],"plain_english_summary":"This Act creates and governs the Northern Territory’s prison and community corrections system, giving the Commissioner of Correctional Services authority to manage facilities, prisoners and community-based offenders. It covers prisoner management, visits and communications, leave and home detention options, community corrections, security powers, offences, and oversight arrangements.\n\nIt affects prisoners, their families, legal representatives and corrections staff by balancing operational security with rights protections (e.g., legal privilege, health care and supervised temporary release)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/correctional-services-act-2014","history":"/api/acts/correctional-services-act-2014/history","analysis":"/api/acts/correctional-services-act-2014/analysis","conflicts":"/api/acts/correctional-services-act-2014/conflicts","importantCases":"/api/acts/correctional-services-act-2014/important-cases","documents":"/api/acts/correctional-services-act-2014/documents"}}