{"id":"a-2007-15","name":"Corrections Management Act 2007","slug":"corrections-management-act-2007","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"15 of 2007","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23301,"registerId":"act-a-2007-15-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"The inherent dignity of all human beings, whatever their personal or","content":"1 The inherent dignity of all human beings, whatever their personal or\nsocial status, is one of the fundamental values of a just and democratic\nsociety.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"The criminal justice system should respect and protect all human","content":"2 The criminal justice system should respect and protect all human\nrights in accordance with the Human Rights Act 2004 and\ninternational law.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Sentences are imposed on offenders as punishment, not for","content":"3 Sentences are imposed on offenders as punishment, not for\npunishment.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"The management of imprisoned offenders, and people remanded or","content":"4 The management of imprisoned offenders, and people remanded or\notherwise detained in lawful custody, should contribute to the\nmaintenance of a safe, just and democratic society, particularly as\nfollows:\n(a) by ensuring justice, security and good order at correctional\ncentres;\n(b) by ensuring that harm suffered by victims of offenders, and their\nneed for protection, are considered appropriately in making\ndecisions about the management of offenders;\n(c) by promoting the rehabilitation of imprisoned offenders and\ntheir reintegration into society;\n(d) by ensuring that imprisoned offenders and people remanded or\notherwise detained in lawful custody are treated in a decent,\nhumane and just way.\nThe Legislative Assembly for the Australian Capital Territory therefore enacts as\nfollows:\n\nPreliminary Chapter 1\n1 Name of Act\nThis Act is the Corrections Management Act 2007.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘detainee—see section 6.’ means\nthat the term ‘detainee’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Application of Act—detainees","content":"6 Application of Act—detainees\n(1) This Act applies to each of the following (each of whom is a\ndetainee):\n(a) an offender while the offender is required to be imprisoned\nunder full-time detention because of a committal order for the\nCrimes (Sentence Administration) Act 2005, part 3.1;\n(b) a person while the person is remanded in custody because of an\norder for remand for the Crimes (Sentence Administration)\nAct 2005, part 3.2;\n(c) anyone else while the person is required to be held in custody or\ndetention under a territory law or a law of the Commonwealth,\na State or another Territory.\nExamples—par (c)\n1 a person held on a warrant issued under the Royal Commissions\nAct 1991, section 35 (Apprehension of witnesses failing to appear)\n2 a person in immigration detention under the Migration Act 1958 (Cwlth)\n3 an interstate detainee on leave in the ACT held in custody overnight\n\nPreliminary Chapter 1\n(2) However, the application of this Act is subject to the Crimes\n(Sentence Administration) Act 2005, part 4.3 (Full-time detention in\nNSW).\n(3) Also, this Act (other than chapter 4 (Detention in police and court\ncells)) does not apply to a person detained under the Children and\nYoung People Act 2008.\n\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Main objects of Act","content":"7 Main objects of Act\nThe main objects of this Act are to promote public safety and the\nmaintenance of a just society, particularly by—\n(a) ensuring the secure detention of detainees at correctional\ncentres; and\n(b) ensuring justice, security and good order at correctional centres;\nand\n(c) ensuring that detainees are treated in a decent, humane and just\nway; and\n(d) promoting the rehabilitation of offenders and their reintegration\ninto society.\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Management of correctional services","content":"8 Management of correctional services\nCorrectional services must be managed so as to achieve the main\nobjects of this Act, particularly by—\n(a) ensuring that public safety is the paramount consideration in\ndecision-making about the management of detainees; and\n(b) ensuring respect for the humanity of everyone involved in\ncorrectional services, including detainees, corrections officers\nand other people who work at or visit correctional centres; and\n(c) ensuring behaviour by corrections officers that recognises and\nrespects the inherent dignity of detainees as individuals; and\n(d) ensuring that harm suffered by victims, and their need for\nprotection, are considered appropriately in decision-making\nabout the management of detainees.\n\nObjects and principles Chapter 2\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Treatment of detainees generally","content":"9 Treatment of detainees generally\nFunctions under this Act in relation to a detainee must be exercised\nas follows:\n(a) to respect and protect the detainee’s human rights;\n(b) to ensure the detainee’s decent, humane and just treatment;\n(c) to preclude torture or cruel, inhuman or degrading treatment;\n(d) to ensure the detainee is not subject to further punishment (in\naddition to deprivation of liberty) only because of the conditions\nof detention;\n(e) to ensure the detainee’s conditions in detention comply with\nsection 12 (Correctional centres—minimum living conditions);\n(f) if the detainee is an offender—to promote, as far as practicable,\nthe detainee’s rehabilitation and reintegration into society.\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Treatment of remandees","content":"10 Treatment of remandees\n(1) Functions under this Act in relation to a detainee who is a remandee\nmust also be exercised to recognise and respect that—\n(a) the remandee must be presumed innocent of any offence for\nwhich the remandee is remanded; and\n(b) the detention is not imposed as punishment of the remandee.\n(2) Subsection (1) does not apply if the remandee—\n(a) has been convicted or found guilty of the offence for which the\nremandee is detained; or\n\n(b) is under a sentence of imprisonment in relation to another\noffence.\nExamples—par (a)\n1 a convicted person remanded in custody for sentencing\n2 a paroled offender remanded in custody during an adjournment of a\nhearing by the sentence administration board\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Treatment of certain detainees","content":"11 Treatment of certain detainees\n(1) This section applies to a person (other than a sentenced offender or\nremandee) while the person is required to be held in custody or\ndetention under a territory law or a law of the Commonwealth, a State\nor another Territory.\n(2) Functions under this Act in relation to the person must be exercised\nto recognise and respect the purpose for which the person is held in\ncustody or detention.\n(3) This Act applies in relation to the person as a full-time detainee, with\nany changes prescribed by regulation.\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Correctional centres—minimum living conditions","content":"12 Correctional centres—minimum living conditions\n(1) To protect the human rights of detainees at correctional centres, the\ndirector-general must ensure, as far as practicable, that conditions at\ncorrectional centres meet at least the following minimum standards:\n(a) detainees must have access to sufficient food and drink to avoid\nhunger and poor nourishment;\n(b) detainees must have access to sufficient suitable clothing that\ndoes not degrade or humiliate detainees;\n(c) detainees must have access to suitable facilities for personal\nhygiene;\n(d) detainees must have suitable accommodation and bedding for\nsleeping in reasonable privacy and comfort;\n\nObjects and principles Chapter 2\n(e) detainees must have reasonable access to the open air and\nexercise;\n(f) detainees must have reasonable access to telephone, mail and\nother facilities for communicating with people in the\ncommunity;\n(g) detainees must have reasonable opportunities to receive visits\nfrom family members, accredited people and others;\nNote Family member and accredited person are defined in the\n(h) detainees must have reasonable opportunities to communicate\nwith their lawyers;\n(i) detainees must have reasonable access to news and education\nservices and facilities to maintain contact with society;\n(j) detainees must have access to suitable health services and health\nfacilities;\n(k) detainees must have reasonable opportunities for religious,\nspiritual and cultural observances.\nExample—par (k)\nobservances and practices relating to religious or spiritual beliefs, including\nindigenous spiritual beliefs\n(2) Chapter 6 (Living conditions at correctional centres) applies in\nrelation to correctional centres.\n\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Ministerial directions to director-general","content":"13 Ministerial directions to director-general\n(1) The Minister may give written directions to the director-general about\nthe exercise of functions under this Act.\nExample of direction\na direction to make corrections policies or operating procedures to ensure that\nfunctions are exercised in accordance with a particular decision of the Supreme\nCourt or a particular finding of a board of inquiry or royal commission\n(2) The director-general must comply with a direction under this section.\n(3) A direction is a notifiable instrument.\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Corrections policies and operating procedures","content":"14 Corrections policies and operating procedures\n(1) The director-general may make corrections policies and operating\nprocedures, consistent with this Act, to facilitate the effective and\nefficient management of correctional services.\n(2) Each corrections policy or operating procedure is a notifiable\ninstrument.\n(3) Each corrections policy or operating procedure—\n(a) must be available for inspection by anyone at each correctional\ncentre; and\n(b) may be made available for inspection at any other place decided\nby the director-general.\n\nAdministration—general Part 3.1\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Exclusions from notified corrections policies and","content":"15 Exclusions from notified corrections policies and\noperating procedures\n(1) The director-general may exclude from a corrections policy or\noperating procedure notified or available for inspection in accordance\nwith section 14 any matter that the director-general believes, on\nreasonable grounds, would be likely to disclose—\n(a) information that may endanger public safety or undermine\njustice, security or good order at a correctional centre; or\n(b) anything prescribed by regulation.\n(2) If subsection (1) applies to a corrections policy or operating\nprocedure—\n(a) the policy or procedure must contain a statement about the effect\nof this section; and\n(b) the excluded matter must be available for inspection, on request,\nby any of the following:\n(i) a judge or magistrate;\n(ii) a member of the Legislative Assembly;\n(iii) an official visitor;\n(iv) the custodial inspector;\n(v) the human rights commissioner;\n(vi) the public advocate;\n(vii) the ombudsman;\n(viii) the integrity commissioner;\n(ix) anyone else prescribed by regulation.\nNote Territory laws apply to a delegate of a person in the exercise of a\ndelegation as if the delegate were the person who appointed the delegate\n(see Legislation Act, s 239 (2)).\n\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Director-general directions","content":"16 Director-general directions\n(1) The director-general may give directions in relation to a detainee.\n(2) Without limiting subsection (1), the director-general may give a\ndirection that the director-general considers necessary and reasonable\nin relation to any of the following:\n(a) the welfare or safety of the detainee or anyone else;\n(b) security or good order at a correctional centre;\n(c) ensuring compliance with any requirement under this Act or\nanother territory law.\n(3) A direction may be given orally or in writing and may apply to a\nparticular detainee or 2 or more detainees.\n(4) A direction by the director-general under this Act, or anything done\nunder the direction, is not invalid because of a defect or irregularity\nin or in relation to the direction.\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Director-general delegations","content":"17 Director-general delegations\n(1) The director-general may delegate any of the director-general’s\nfunctions under this Act to a corrections officer.\n(2) This section does not limit the director-general’s power to delegate a\nfunction under any other territory law.\nExamples of delegation\n1 a delegation for directions to be given to detainees at a correctional centre by\nthe corrections officer in charge of the centre\n2 a delegation for functions under chapter 10 (Discipline) to be exercised by a\ncorrections officer at a correctional centre\nNote 1 For the making of delegations and the exercise of delegated functions,\nNote 2 The Public Sector Management Act 1994, s 20 also provides for a\ndirector-general to delegate, and sub-delegate, powers given to the\ndirector-general under a territory law.\n\nAdministration—general Part 3.1\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Chief police officer delegations","content":"18 Chief police officer delegations\n(1) The chief police officer may delegate any of the chief police officer’s\nfunctions under this Act to a police officer.\n(2) This section does not limit the chief police officer’s power to delegate\na function under any other territory law.\nExample of delegation\na delegation for giving directions under section 30 (Detention in police cells).\nNote For the making of delegations and the exercise of delegated functions,\n\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Corrections officers—appointment","content":"19 Corrections officers—appointment\n(1) The director-general may appoint a public servant, or anyone else, as\na corrections officer for this Act.\nNote 1 For the making of appointments (including acting appointments), see the\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\nNote 3 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation and corrections\npolicy and operating procedure (see Legislation Act, s 104).\n(2) The director-general may make an appointment under this section\nonly if satisfied that the appointee has appropriate qualifications or\nexperience to exercise the functions of a corrections officer.\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Corrections officers—functions","content":"20 Corrections officers—functions\n(1) A corrections officer—\n(a) has the functions given to the officer under this Act or any other\nterritory law; and\n(b) is subject to the directions of the director-general in the exercise\nof the functions.\n(2) The functions of a corrections officer may be limited by—\n(a) the instrument appointing the officer; or\n(b) written notice given to the officer by the director-general; or\n(c) a regulation.\n\nCorrections officers Part 3.2\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Doctors—health service appointments","content":"21 Doctors—health service appointments\n(1) The director-general responsible for the administration of the Public\nHealth Act 1997 must appoint a doctor for each correctional centre.\n(2) The doctor’s functions are—\n(a) to provide health services to detainees; and\n(b) to protect the health of detainees (including preventing the\nspread of disease at correctional centres).\n(3) A doctor appointed for a correctional centre must be available to\nprovide health services at the centre at least once each week.\n(4) The doctor may give written directions to the director-general for\nsubsection (2) (b).\n(5) The director-general must ensure that each direction under subsection\n(4) is complied with unless the director-general believes, on\nreasonable grounds, that compliance would undermine security or\ngood order at the correctional centre.\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Health practitioners—non-therapeutic functions","content":"22 Health practitioners—non-therapeutic functions\n(1) The director-general must appoint a health practitioner to exercise\nnon-therapeutic functions at each correctional centre.\nNote Health practitioner includes a doctor and nurse registered under the\nHealth Practitioner Regulation National Law (ACT).\n(2) In this section:\nnon-therapeutic function does not include a health service or other\nfunction mentioned in section 21.\n\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Identity cards","content":"23 Identity cards\n(1) This section applies in relation to a person appointed under any of the\n(a) section 19 (Corrections officers—appointment);\n(b) section 21 (Doctors—health service appointments);\n(c) section 22 (Health practitioners—non-therapeutic functions).\n(2) The director-general must give each person an identity card stating\nthe person’s name and the position to which the person is appointed.\n(3) The identity card must show—\n(a) a recent photograph of the person; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n(4) A person commits an offence if the person—\n(a) stops being a person to whom this section applies; and\n(b) does not return the person’s identity card to the director-general\nno later than 7 days after the day the person stops being a\ncorrections officer.\nMaximum penalty: 1 penalty unit.\n(5) An offence against this section is a strict liability offence.\n\nCorrectional centres Part 3.3\n","sortOrder":22},{"sectionNumber":"Part 3","sectionType":"part","heading":"3 Correctional centres","content":"Part 3.3 Correctional centres\n","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Correctional centres—declaration","content":"24 Correctional centres—declaration\n(1) The Minister may declare a place to be a correctional centre.\n(2) A declaration is a notifiable instrument.\nExamples of declarations\n1 the declaration of a place, including a buffer zone surrounding a secure\nperimeter, to be a correctional centre\n2 a declaration of a place to be a correctional centre for full-time detention, or\nfor a stated time and purpose, eg a temporary correctional centre for remandees\nfactors (see Legislation Act, s 48).\n","sortOrder":24},{"sectionNumber":"25","sectionType":"section","heading":"Correctional centres—arrangements with NSW","content":"25 Correctional centres—arrangements with NSW\n(1) The Chief Minister may make arrangements with the Governor of\nNew South Wales in relation to keeping full-time detainees at a NSW\n(2) The arrangements may include provision for—\n(a) the exercise by NSW officers of functions in relation to full-time\ndetainees kept at a NSW correctional centre; and\n(b) reports by NSW officers about the exercise of those functions.\nNSW officer means an officer or other person having authority under\nthe Crimes (Administration of Sentences) Act 1999 (NSW) to exercise\na function in relation to a full-time detainee.\nNote The Crimes (Sentence Administration) Act 2005, pt 4.3 (Full-time\ndetention in NSW) provides for the removal of full-time detainees to\nNSW correctional centres.\n\nPart 3.4 Administration—special provisions\nPart 3.4 Administration—special\nprovisions\n26 Declaration of emergency\n(1) This section applies if the director-general believes, on reasonable\ngrounds, that an emergency (including an imminent emergency)\nexists in relation to a correctional centre that threatens or is likely to\nthreaten—\n(a) security or good order at the centre; or\n(b) the safety of anyone at the centre or elsewhere.\n(2) The director-general may declare that an emergency exists in relation\nto the correctional centre for a stated period of not more than—\n(a) 3 days; or\n(b) if another period is prescribed by regulation—the period\nprescribed.\n(3) To remove any doubt, the director-general may make declarations for\n2 or more consecutive periods in relation to the same emergency.\n(4) A declaration commences when it is made, unless it provides for a\nlater commencement.\n(5) A declaration—\n(a) is a notifiable instrument; and\n(b) must be notified under the Legislation Act no later than the day\nafter the day it is made.\n\nAdministration—special provisions Part 3.4\n","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Emergency powers","content":"27 Emergency powers\n(1) While an emergency is declared under section 26 in relation to a\ncorrectional centre, the director-general may do 1 or more of the\n(a) restrict any work or activity at the centre;\n(b) restrict access in, or to or from, the centre or any part of the\ncentre;\n(c) restrict communications between a detainee and anyone else;\n(d) authorise a police officer or public servant to exercise any\nfunction exercisable by a corrections officer under this Act in\naccordance with any direction by the director-general.\n(2) The director-general must ensure that action taken under this section\nis necessary and reasonable in the circumstances.\n","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Arrangements with police","content":"28 Arrangements with police\n(1) The director-general may make arrangements with the chief police\nofficer for police assistance in relation to the administration of the\nfollowing Acts:\n(a) the Crimes (Sentencing) Act 2005;\n(b) the Crimes (Sentence Administration) Act 2005;\n(c) this Act.\n(2) Subject to any arrangement under this section, the chief police officer\nmust comply, as far as practicable, with any request by the\ndirector-general for police assistance mentioned in subsection (1).\n(3) A police officer providing assistance under this section may exercise\nany function exercisable by a corrections officer under an Act\nmentioned in subsection (1) in accordance with any direction by the\n\n","sortOrder":27},{"sectionNumber":"Part 4","sectionType":"part","heading":"Detention in police and court","content":"Chapter 4 Detention in police and court\ncells etc\n","sortOrder":28},{"sectionNumber":"29","sectionType":"section","heading":"Definitions—ch 4","content":"29 Definitions—ch 4\n(1) In this chapter:\ncourt cell means a cell (however described) for the detention of a\nperson at a court.\ndirector-general means—\n(a) for a detainee (other than a young detainee)—the\ndirector-general responsible for this Act; and\n(b) for a young detainee—the director-general responsible for the\nChildren and Young People Act 2008.\npolice cell means a cell (however described) for the detention of a\nperson at a police station.\nyoung detainee—see the Children and Young People Act 2008,\nsection 95.\n(2) In this chapter—\n(a) a reference to a correctional centre is, in relation to the custody\nor detention of a young detainee, a reference to a detention place\nunder the Children and Young People Act 2008; and\n(b) a reference to a corrections officer is, in relation to the custody\nor detention of a young detainee, a reference to a youth detention\nofficer under the Children and Young People Act 2008.\n","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Detention in police cells","content":"30 Detention in police cells\n(1) A person lawfully required to be in police custody may, for the\npurposes of the custody, be detained at a police cell.\n\n(2) However, a person lawfully required to be in police custody must not\nbe detained continuously at a police cell for a period longer than the\nfollowing period (the allowed period):\n(a) for a detainee (other than a young detainee)—36 hours;\n(b) for a young detainee—12 hours.\n(3) If a person is lawfully required to remain in police custody for a\nperiod longer than the allowed period, the chief police officer may\ndirect that the person be transferred to the custody of the\ndirector-general for the purposes of the police custody.\n(4) The direction by the chief police officer—\n(a) authorises the director-general to have custody of the person\nunder the direction; and\n(b) requires the director-general to do the following:\n(i) take the person into custody;\n(ii) arrange for the person’s admission to a correctional centre;\n(iii) keep the person in custody under full-time detention under\nthe direction;\n(iv) provide for police access to the person;\n(v) return the person to the custody of the chief police officer\nas required by the direction.\n(5) To remove any doubt, the person is also taken to remain in police\ncustody while in custody under subsection (4).\n","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"Detention in police cells—search powers etc","content":"31 Detention in police cells—search powers etc\n(1) The chief police officer may direct a police officer to conduct a\nscanning search, frisk search, ordinary search or strip search of a\nperson detained at a police cell.\n\n(2) For the application of this section to a detainee (other than a young\ndetainee), part 9.4 (Searches) and part 9.5 (Seizing property) apply as\nif the direction, search or seizure occurred under the relevant part in\nrelation to a detainee at a correctional centre.\n(3) For the application of this section to a young detainee, the following\nprovisions of the Children and Young People Act 2008 apply as if the\ndirection, search or seizure occurred under the relevant part in relation\nto a young detainee at a detention place:\n(a) part 7.1 (Preliminary—ch 7);\n(b) part 7.2 (Searches generally);\n(c) part 7.3 (Scanning, frisking and ordinary searches);\n(d) part 7.4 (Strip searches—young detainees);\n(e) part 7.9 (Seizing property).\n","sortOrder":31},{"sectionNumber":"31A","sectionType":"section","heading":"Detention in police cells—additional provisions for young","content":"31A Detention in police cells—additional provisions for young\ndetainees\n(1) This section applies if a young detainee is detained at a police cell\nunder section 30.\n(2) The chief police officer must ensure that the young detainee—\n(a) is kept separate from adult detainees; and\n(b) has prompt access to medical and legal assistance; and\n(c) is told, in language and a way the detainee can readily\nunderstand, about the reason for the detention and the\nprocedures that apply; and\n(d) is able to contact and be contacted by each of the following:\n(i) a commissioner exercising functions under the Human\nRights Commission Act 2005;\n(ii) the custodial inspector;\n\n(iii) the ombudsman;\n(iv) the integrity commissioner.\nNote The Crimes Act 1914 (Cwlth), pt 1C contains provisions about\ninvestigation of offences (including about periods of arrest and\nobligations of investigating officials) that apply to offences against ACT\nlaws punishable by imprisonment for longer than 12 months.\nIn particular, that Act, s 23Q provides that a person who is under arrest\nor a protected suspect must be treated with humanity and with respect for\nhuman dignity, and must not be subjected to cruel, inhuman or degrading\ntreatment.\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Other police powers not limited","content":"32 Other police powers not limited\nTo remove any doubt, section 30 and section 31 are additional to, and\ndo not limit, any other provision relating to a police function under a\nterritory law or a law of the Commonwealth, a State or another\nTerritory.\n","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"Detention in court cells","content":"33 Detention in court cells\n(1) This section applies to a person who is—\n(a) in the director-general’s custody but not admitted as a detainee\nat a correctional centre; and\n(b) required to attend a court.\n(2) The director-general may direct that the person be detained at a court\ncell in the custody of a corrections officer for the purposes of the\nperson’s attendance at the court.\nNote If the person is a young offender who is under 18 years old, the person\nmust not be placed in a room with an adult who is under detention (see\nChildren and Young People Act 2008, s 100).\n(3) However, the person must not be detained continuously at a court cell\nfor a period longer than the following period (the allowed period):\n(a) for a detainee (other than a young detainee)—36 hours;\n(b) for a young detainee—12 hours.\n\n(4) If the person is required to remain in detention for a period longer\nthan the allowed period for the court attendance, the director-general\nmust—\n(a) arrange for the person’s admission to a correctional centre; and\n(b) keep the person in custody under full-time detention for the\nattendance; and\n(c) take the person to the court as required by the court.\n(5) While detained at a court cell under this section—\n(a) a detainee (other than a young detainee) is taken to be a detainee\nfor all purposes under this Act; and\n(b) a young detainee is taken to be a young detainee for all purposes\nunder the Children and Young People Act 2008.\n","sortOrder":34},{"sectionNumber":"33A","sectionType":"section","heading":"Detention in court cells—additional provisions for young","content":"33A Detention in court cells—additional provisions for young\ndetainees\n(1) This section applies if a young detainee is detained at a court cell\nunder section 33.\n(2) The director-general must ensure that the young detainee—\n(a) is kept separate from adult detainees; and\n(b) has prompt access to medical and legal assistance; and\n(c) is told, in language and a way the detainee can readily\nunderstand, about the reason for the detention and the\nprocedures that apply; and\n(d) is able to contact and be contacted by each of the following:\n(i) a commissioner exercising functions under the Human\nRights Commission Act 2005;\n(ii) the custodial inspector;\n\n(iii) the ombudsman;\n(iv) the integrity commissioner.\n","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"Detainees accommodated away from correctional centre","content":"34 Detainees accommodated away from correctional centre\n(1) This section applies if the director-general believes, on reasonable\ngrounds, that circumstances exist in relation to a correctional centre\nthat make it necessary or prudent for a detainee admitted at the centre\nto be accommodated temporarily away from the centre.\n1 where a correctional centre cannot properly accommodate any more detainees\n2 where there is an outbreak of disease or violent behaviour at a correctional\ncentre\n3 where a detainee is being transferred to or from a correctional centre or other\nplace and needs accommodation in transit\n(2) The director-general may declare that this section applies in relation\nto the correctional centre for a stated period.\n(3) A declaration is a notifiable instrument.\n(4) The director-general may direct that, while a declaration is in force in\nrelation to a correctional centre, a detainee at the centre be detained—\n(a) at a police cell in the custody of a police officer; or\n(b) at a court cell in the custody of a corrections officer.\n(5) The period of detention at a police cell or court cell is not limited by\nsection 30 or section 33.\n(6) To remove any doubt, while detained under this section—\n(a) a detainee (other than a young detainee) remains a detainee for\nall purposes under this Act; and\n(b) a young detainee remains a young detainee for all purposes\nunder the Children and Young People Act 2008.\n\n","sortOrder":36},{"sectionNumber":"35","sectionType":"section","heading":"Escort officer functions etc","content":"35 Escort officer functions etc\n(1) This section applies if, under a law in force in the ACT, a person\nrequired to be held in the director-general’s custody is to be escorted\nanywhere by an escort officer.\n(2) To remove any doubt—\n(a) the escort officer is authorised to have custody of the person for\nthe purpose of escorting the person; and\n(b) the person is also taken to be in the director-general’s custody;\nand\n(c) a corrections officer acting as the escort officer may, for the\npurpose of escorting the person, exercise any function under this\nAct that the officer may exercise in relation to a detainee\nadmitted at a correctional centre.\nExamples of functions—par (c)\n1 functions given to the officer under section 20 (Corrections officers—\nfunctions) or delegated to the officer by the director-general (for\nexample, giving directions to detainees)\n2 the officer’s functions under part 9.4 (Searches) or part 9.7 (Use of\nforce)\n","sortOrder":37},{"sectionNumber":"36","sectionType":"section","heading":"Escorting arrested person to court etc","content":"36 Escorting arrested person to court etc\n(1) This section applies if a person arrested by a police officer—\n(a) has not been released on bail; and\n(b) is in police custody; and\n(c) is required by law to be brought before a court or tribunal.\n(2) A police officer may request an escort officer to bring the person\nbefore the court or tribunal.\n\nEscorting detainees Chapter 5\n(3) The escort officer must bring the person before the court or tribunal\nand, for that purpose, may—\n(a) take the person into custody; and\n(b) arrange for the person to be detained under this Act until the\nperson is brought before the court or tribunal.\n","sortOrder":38},{"sectionNumber":"37","sectionType":"section","heading":"Custody etc during proceedings","content":"37 Custody etc during proceedings\nSubject to any order or direction of a court, an escort officer who is\nrequired to bring a person before a court must, as far as practicable—\n(a) ensure the safe custody and welfare of the person for the\npurposes of the proceeding; and\n(b) ensure that the person does not obstruct or hinder the\nproceeding.\n","sortOrder":39},{"sectionNumber":"38","sectionType":"section","heading":"Executing warrants of imprisonment or remand etc","content":"38 Executing warrants of imprisonment or remand etc\n(1) The director-general may make escort officers available to attend on\na court or tribunal—\n(a) to take a person into custody; or\n(b) to arrange for a person to be kept in custody; or\n(c) to transfer or otherwise deal with a person.\n(2) An order or direction of the court addressed to all escort officers—\n(a) is taken to be addressed to each escort officers; and\n(b) may be executed by any escort officers.\n\n","sortOrder":40},{"sectionNumber":"39","sectionType":"section","heading":"Other powers not limited","content":"39 Other powers not limited\nTo remove any doubt, this chapter is additional to, and does not limit,\nany other provision relating to the escorting of detainees under a\nterritory law or a law of the Commonwealth, a State or another\nterritory.\nExamples of other provisions\n1 The Crimes (Sentence Administration) Act 2005, part 3.3 (Committal—\nmiscellaneous)—\n• section 20 (Directions to escort officers)\n• section 21 (Orders to bring offender or remandee before court etc).\n2 A law of a State relating to the escort of prisoners through the ACT.\n\n","sortOrder":41},{"sectionNumber":"Part 6","sectionType":"part","heading":"Living conditions at","content":"Chapter 6 Living conditions at\ncorrectional centres\nNote to ch 6\nAnything expressed in this chapter to be an entitlement for ch 10 (Discipline) is not\naffected by anything that happens under that chapter. See s 154 (Meaning of\nprivilege) and s 188 (Privileges and entitlements—impact of discipline).\n","sortOrder":42},{"sectionNumber":"40","sectionType":"section","heading":"Food and drink","content":"40 Food and drink\n(a) sufficient nutritional food and drink are provided for detainees\nto avoid hunger and poor nourishment; and\n(b) meals are provided for detainees at times consistent with the\ncultural norms of Australia; and\n(c) clean drinking water is provided to meet the needs of detainees.\n(2) The director-general must also ensure, as far as practicable, that\nallowance is made for the religious, spiritual and cultural needs of\ndetainees in relation to the provision of food and drink.\n(3) If a doctor, other than a doctor appointed under section 22 (Health\npractitioners—non-therapeutic functions), prescribes a particular diet\nfor a detainee, the director-general must ensure that reasonable steps\nare taken to provide the detainee with the diet.\n(4) For chapter 10 (Discipline), subsections (1), (2) and (3) are taken to\nprovide an entitlement for each detainee in relation to food and drink.\n(5) Without limiting section 14 (Corrections policies and operating\nprovision for any of the following:\n(a) the nutritional standards to be met by food and drink for\ndetainees;\n\n(b) the provision of nutritional advice about food and drink\nprovided to detainees;\n(c) the appointment of a nutritionist.\n(6) For chapter 10 (Discipline), a detainee’s entitlement in relation to\nfood and drink includes anything expressed to be an entitlement in a\ncorrections policy or operating procedure made for subsection (5).\n","sortOrder":43},{"sectionNumber":"41","sectionType":"section","heading":"Clothing","content":"41 Clothing\n(a) sufficient, suitable clothing is provided for detainees; and\n(b) any particular clothing, including a uniform, issued to detainees\nis not likely to degrade or humiliate detainees.\n(2) The director-general must also ensure, as far as practicable, that\nclothing provided for detainees is clean and hygienic.\n(3) For chapter 10 (Discipline), this section is taken to provide an\nentitlement for each detainee in relation to clothing.\n","sortOrder":44},{"sectionNumber":"42","sectionType":"section","heading":"Personal hygiene","content":"42 Personal hygiene\n(a) toilet facilities and washing or showering facilities are available\nto detainees; and\n(b) the facilities are clean, hygienic and private enough to ensure the\ndignity and self-respect of detainees.\n(2) For chapter 10 (Discipline), this section is taken to provide an\nentitlement for each detainee in relation to personal hygiene.\n\n","sortOrder":45},{"sectionNumber":"43","sectionType":"section","heading":"Sleeping areas","content":"43 Sleeping areas\n(a) detainees have sleeping places, with bed and bedding, suitable\nfor reasonable privacy and comfort; and\n(b) sleeping places, including beds and bedding, are clean and\nhygienic.\n(2) For chapter 10 (Discipline), this section is taken to provide an\nentitlement for each detainee in relation to sleeping areas.\n","sortOrder":46},{"sectionNumber":"44","sectionType":"section","heading":"Treatment of convicted and non-convicted detainees","content":"44 Treatment of convicted and non-convicted detainees\n(1) Without limiting section 14 (Corrections policies and operating\noperating procedure providing for different treatment of convicted\ndetainees and non-convicted detainees.\na corrections policy or operating procedure, in accordance with the following rules\nof the United Nations Standard Minimum Rules for the Treatment of Prisoners, for\nnon-convicted detainees to be able to—\n• procure food at own expense (r 87)\n• be offered work but not be obliged to work (r 89)\n• procure reading and writing material at own expense (r 90)\n• visit and be treated by own doctor at own expense (r 91)\n(2) The director-general must also ensure that convicted detainees are\naccommodated separately from non-convicted detainees.\n(3) For chapter 10 (Discipline)—\n(a) a detainee’s entitlement in relation to treatment in detention\nincludes anything expressed to be an entitlement in a corrections\npolicy or operating procedure made for subsection (1); and\n(b) subsection (2) is taken to provide an entitlement for each\ndetainee in relation to accommodation.\n\n(4) Despite subsection (2), the director-general may give directions for\ndifferent accommodation of a non-convicted detainee if the\ndirector-general is satisfied that it is reasonably necessary to do so—\n(a) to protect the safety of the detainee or anyone else; or\n(b) in the best interests of the detainee.\nconvicted detainee means a detainee whose detention is because of\nthe detainee’s conviction of an offence.\n","sortOrder":47},{"sectionNumber":"45","sectionType":"section","heading":"Access to open air and exercise","content":"45 Access to open air and exercise\n(1) The director-general must ensure, as far as practicable, that\ndetainees—\n(a) have access to the open air for at least 1 hour each day; and\n(b) can exercise for at least 1 hour each day.\n(2) The standards under subsection (1) may both be satisfied during the\nsame hour on any day.\n(3) For chapter 10 (Discipline), this section is taken to provide an\nentitlement for each detainee in relation to access to the open air and\nexercise.\n","sortOrder":48},{"sectionNumber":"46","sectionType":"section","heading":"Communication with family and others","content":"46 Communication with family and others\n(1) The director-general must ensure, as far as practicable, that adequate\nopportunities are provided for detainees to be able to remain in\ncontact with family members, friends, associates and others by\ntelephone calls, mail and visits.\n(2) For subsection (1), the director-general must have regard, in addition\nto any other relevant matter, to whether the detainee’s detention is for\na reason other than the conviction of an offence.\n\n(3) The director-general must also ensure that the overall treatment of a\ndetainee, including any segregation or disciplinary action, does not\nunreasonably deprive the detainee generally of all communication\nwith other people.\n(4) In particular, the director-general must ensure that the overall\ntreatment of a detainee does not deprive the detainee generally of all\ncommunication with any of the following:\n(a) the courts;\n(b) accredited people;\n(c) a doctor of the detainee’s choice for health services;\n(d) family members;\n(e) other people with whom the detainee may communicate under\n(5) For chapter 10 (Discipline), subsections (1) to (4) are taken to provide\nan entitlement for each detainee in relation to communication\ngenerally with other people.\n(6) However, this section is subject to the following:\n(a) section 47 (Telephone calls);\n(b) section 48 (Mail);\n(c) section 49 (Visits by family members etc);\n(d) section 50 (Contact with accredited people).\n","sortOrder":49},{"sectionNumber":"47","sectionType":"section","heading":"Telephone calls","content":"47 Telephone calls\n(1) The director-general must ensure that each correctional centre has\ntelephone facilities for detainees to make and receive telephone calls.\n(2) A detainee may make at least—\n(a) 1 telephone call on admission to a correctional centre; and\n\n(b) 1 telephone call each week to a family member.\nNote Family member is defined in the dictionary.\n(3) A detainee may also make and receive further telephone calls for\nnecessary contact with a family member, friend or someone else.\n(4) A detainee who makes a telephone call mentioned in subsection (2)\nor (3) must pay for the call if the director-general believes, on\nreasonable grounds, that is appropriate.\nif the detainee can afford to pay for the call\n(5) For chapter 10 (Discipline), subsections (2) and (3) are taken to\nprovide entitlements for each detainee in relation to telephone calls.\n(6) However, the director-general may give directions denying or\nlimiting the use of a telephone by a detainee for a call mentioned in\nsubsection (2) or (3) if the director-general suspects, on reasonable\ngrounds, that the call may—\nMr F was imprisoned for intentionally inflicting grievous bodily harm against his\nformer wife. He had been convicted previously of family violence offences. He\nbelieves he has a right to assault his former wife and advocates the matter is private.\nMr F believes that organisations that support victims of family violence are a social\nevil. He begins to use telephone calls to his brother to organise him into inciting\nviolence against organisations advocating women’s rights. Following complaints\nfrom the organisations, the director-general denies phone calls between Mr F and\nhis brother.\n\n(7) Also, subsections (2) and (3) are subject to—\n(a) section 103 (Monitoring telephone calls etc); and\n(b) any operating procedure mentioned in subsection (8).\n(8) An operating procedure may include provision regulating the\nfollowing in relation to detainees’ telephone calls:\n(a) the times for making or receiving calls;\n(b) the frequency and length of calls;\n(c) arrangements for payment for the cost of calls made.\n48 Mail\n(1) The director-general must ensure, as far as practicable, that detainees\ncan send and receive as much mail as they wish.\n(2) However, a detainee may send mail to, and receive mail from, a\nperson only if the person is nominated by the detainee by written\nnotice given to the director-general.\n(3) A detainee who sends mail must pay for the cost of any writing and\nother material, and postage, for the mail if the director-general\nbelieves, on reasonable grounds, that is appropriate.\nif the detainee can afford to pay for the material and postage\n(4) For chapter 10 (Discipline), subsection (2) is taken to provide an\nentitlement for each detainee in relation to mail.\n(5) However, the director-general may give directions denying or\nlimiting the sending or receiving of an item of mail by a detainee if\nthe director-general suspects, on reasonable grounds, that it may—\n\nAW was convicted of murdering her parents with a view to obtaining an\ninheritance. The W family are well known in the community and family\nmembers had actively campaigned for a higher sentence for AW. AW began\nwriting inflammatory letters to her relatives and friends of her parents.\nHaving received complaints about the letters from family members, the\ndirector-general denies AW from sending further letters to family members\nwho had complained about the letters.\n(6) Also, subsections (1) and (2) are subject to—\n(a) section 104 (Monitoring ordinary mail); and\n(b) section 105 (Monitoring protected mail); and\n(c) any operating procedure mentioned in subsection (7).\n(7) An operating procedure may include provision regulating the\nfollowing in relation to detainees’ mail:\n(a) the way mail is sent or received;\n(b) the provision of writing and other material for sending mail;\n(c) arrangements for payment for the cost of the material and\npostage.\n","sortOrder":50},{"sectionNumber":"49","sectionType":"section","heading":"Visits by family members etc","content":"49 Visits by family members etc\n(1) The director-general must ensure that each correctional centre has\nsuitable facilities for detainees to receive visits from family members\nand other people.\nExample of non-family member visitor\na person who is a long-term friend or a friend who normally lives with the detainee\n\n(2) A detainee may have at least 1 visit, of at least 30 minutes, each week\nby a family member.\nNote Family member is defined in the dictionary.\n(3) For chapter 10 (Discipline), subsection (2) is taken to provide an\nentitlement for each detainee in relation to visits by family members.\n(4) However, the director-general may give directions denying or\nlimiting a visit mentioned in subsection (1) if the director-general\nsuspects, on reasonable grounds, that the visit may—\nMr J is convicted of numerous serious sexual offences against young girls. He\nbegins to write letters to various public figures, including journalists, stating that\nhis crimes were motivated by a love for the children and that he intends to change\nhis name to that of one of his victims. He makes arrangements for a visit by a\njournalist for a story about why he wants to change his name. The director-general\nmay deny the visit on the ground that it may cause community distress.\n(5) Also, this section is subject to section 143 (Visiting conditions).\n","sortOrder":51},{"sectionNumber":"50","sectionType":"section","heading":"Contact with accredited people","content":"50 Contact with accredited people\n(1) The director-general must ensure that a detainee has adequate\nopportunities for contact with an accredited person, whether by\ntelephone or mail or by a visit by an accredited person.\nNote Accredited person is defined in the dictionary.\n(2) For chapter 10 (Discipline), subsection (1) is taken to provide an\nentitlement for each detainee in relation to contact with an accredited\nperson.\n\n(3) However, the director-general may give directions denying or\nlimiting a detainee’s contact with an accredited person if the\ndirector-general suspects, on reasonable grounds, that the contact\nmay—\n(b) circumvent any process for investigating complaints or\nreviewing decisions under this Act.\n(4) Also, this section is subject to section 143 (Visiting conditions).\n","sortOrder":52},{"sectionNumber":"51","sectionType":"section","heading":"Visits—protected communications","content":"51 Visits—protected communications\nThe director-general must not listen to, or record, a communication\nat a visit between a detainee and any of the following people:\n(d) a commissioner exercising functions under the Human Rights\nCommission Act 2005;\n(e) the ombudsman;\n(f) the integrity commissioner;\n(g) a person prescribed by regulation.\nNote 1 Electronic communications between a detainee and a person mentioned\nin this section must not be monitored, see s 103.\nNote 2 For restrictions on monitoring mail between a detainee and a person\nmentioned in this section, see s 105.\n\n","sortOrder":53},{"sectionNumber":"52","sectionType":"section","heading":"News and educational services","content":"52 News and educational services\n(1) The director-general must ensure, as far as practicable, that detainees\nhave reasonable access to—\n(a) newspapers, radio and television broadcasts and other mass\nmedia (including the internet) for news and information; and\n(b) a library or library service.\n(2) The director-general may, as part of a detainee’s case management\nplan, approve a detainee participating in academic, vocational or\ncultural education or training if satisfied it would benefit the detainee\nin any of the following ways:\n(a) by providing the detainee with suitable vocational skills;\n(b) by promoting the detainee’s rehabilitation or reintegration into\nsociety;\n(c) by contributing satisfactorily to the detainee’s personal\ndevelopment.\n(3) For chapter 10 (Discipline), participation in education or training\napproved under subsection (2) is taken to be an entitlement for the\n","sortOrder":54},{"sectionNumber":"53","sectionType":"section","heading":"Health care","content":"53 Health care\n(a) detainees have a standard of health care equivalent to that\navailable to other people in the ACT; and\n(b) arrangements are made to ensure the provision of appropriate\nhealth services for detainees; and\n(c) conditions in detention promote the health and wellbeing of\ndetainees; and\n(d) as far as practicable, detainees are not exposed to risks of\ninfection.\n\n(2) In particular, the director-general must ensure that detainees have\naccess to—\n(a) regular health checks; and\n(b) timely treatment where necessary, particularly in urgent\n(c) hospital care where necessary; and\n(d) as far as practicable—\n(i) specialist health services from health practitioners; and\n(ii) necessary health care programs, including rehabilitation\nprograms.\n(3) For chapter 10 (Discipline), subsections (1) and (2) are taken to\nprovide an entitlement for each detainee in relation to health care.\n(4) A regulation may make provision in relation to health services for\ndetainees, including provision about the following:\n(a) the appointment of health practitioners for this Act;\n(b) the provision of health service clinics for detainees;\n(c) appointments for detainees with health practitioners;\n(d) rehabilitation for detainees who suffer personal injury arising\nout of or in the course of their detention;\n(e) security arrangements for detainees visiting health practitioners\nor health facilities, particularly outside correctional centres.\n(5) For chapter 10 (Discipline), a detainee’s entitlement in relation to\nhealth care includes anything expressed to be an entitlement in a\nregulation made for subsection (4).\n\n","sortOrder":55},{"sectionNumber":"54","sectionType":"section","heading":"Transfers to health facilities","content":"54 Transfers to health facilities\n(1) The director-general may direct that a detainee be transferred to a\nhealth facility at a correctional centre, or outside a correctional centre,\nif the director-general believes, on reasonable grounds, that is\nnecessary or desirable for the detainee to receive health services at\nthe facility.\nNote Health facility is defined in the dictionary.\n(2) The director-general must have regard to the advice of a doctor\nappointed under section 21 (Doctors—health service appointments)\nwhen considering whether to make a direction under subsection (1).\n(3) The director-general may direct an escort officer to escort the\ndetainee—\n(a) to or from the health facility; or\n(b) for a facility other than the secure mental health facility—while\nat the facility.\n(4) The detainee may be discharged from the health facility only if—\n(a) the health practitioner in charge of the detainee’s care approves\nthe discharge; or\n(b) the director-general directs that the detainee be removed from\nthe facility.\nExample of direction for removal of detainee from health facility\nwhere the detainee is a danger to the safety of people at the facility\n(5) The director-general may give a direction for ensuring that a detainee\ndischarged from a health facility under this section is returned to a\ncorrectional centre stated in the direction.\n(6) For chapter 10 (Discipline), this section is taken to provide an\nentitlement for each detainee in relation to health care.\n\n","sortOrder":56},{"sectionNumber":"54A","sectionType":"section","heading":"Transfer to mental health facility—notice of change in","content":"54A Transfer to mental health facility—notice of change in\nstatus\n(1) This section applies if the director-general has made a direction under\nsection 54 for the transfer of a detainee from a correctional centre to\nan approved mental health facility or approved community care\nfacility.\n(2) The director-general must tell the director-general responsible for the\nMental Health Act 2015 in writing about any change in the detainee’s\nstatus as a detainee.\n1 the person’s sentence of imprisonment ends\n2 the person is released on parole\n3 the person is otherwise released from detention\napproved community care facility—see the Mental Health Act 2015,\napproved mental health facility—see the Mental Health Act 2015,\n","sortOrder":57},{"sectionNumber":"55","sectionType":"section","heading":"Religious, spiritual and cultural needs","content":"55 Religious, spiritual and cultural needs\n(1) The director-general must ensure, as far as practicable, that provision\nis made at correctional centres for the religious, spiritual and cultural\nneeds of detainees.\nExamples of religious, spiritual or cultural needs\n1 observances and practices relating to religious or spiritual beliefs, including\nindigenous spiritual beliefs\n2 observances or practices arising because a person belongs to a particular\nculture\n\n(2) In particular, the director-general must ensure, as far as practicable,\nthat detainees have reasonable access to—\n(a) ministers of religion and other people with standing in a\nparticular culture whom detainees wish to see for religious,\nspiritual or cultural purposes; and\n(b) religious services at the correctional centre; and\n(c) books and other articles associated with their religious, spiritual\nor cultural practices.\n(3) However, the director-general may give directions denying or\nlimiting a detainee’s access under subsection (1) or (2) if the\ndirector-general suspects, on reasonable grounds, that it may—\n(d) cause community distress.\n(4) A detainee must not be required to receive a visit from anyone\nrepresenting a particular religion, spiritual belief or culture, or attend\nany related service or practice, if the detainee does not wish to do so.\n(5) For chapter 10 (Discipline), subsections (1) and (2) are taken to\nprovide an entitlement for each detainee in relation to religious\nobservance.\nminister of religion means—\n(a) a person registered under the Marriage Act 1961 (Cwlth), part 4,\ndivision 1 (Authorised celebrants); or\n(b) a person prescribed by regulation.\n\nChapter 7 Access to and inspection of correctional centres\nChapter 7 Access to and inspection of\ncorrectional centres\n56 Independent inspections\n(1) This section applies to each of the following:\n(a) a judge;\n(b) a magistrate;\n(c) a member of the Legislative Assembly.\nNote The custodial inspector may also enter and inspect a correctional centre\n(see Custodial Inspector Act 2017, s 19).\n(2) A person mentioned in subsection (1) may, at any reasonable time,\nenter and inspect—\n(a) a correctional centre; or\n(b) a place outside a correctional centre where a detainee is, or has\nbeen, directed to work or participate in an activity.\nExample of time that would not be reasonable\na time that would hinder a search at a correctional centre\n","sortOrder":58},{"sectionNumber":"56A","sectionType":"section","heading":"Access to correctional centres","content":"56A Access to correctional centres\nThe human rights commissioner or the ombudsman may, at any\nreasonable time, enter a correctional centre for the purpose of\nexercising the person’s functions under this Act.\n","sortOrder":59},{"sectionNumber":"57","sectionType":"section","heading":"Official visitors—meaning of entitled person and visitable","content":"57 Official visitors—meaning of entitled person and visitable\nplace\nentitled person means—\n(a) a detainee at a correctional centre; or\n\nAccess to and inspection of correctional centres Chapter 7\n(b) a person prescribed by regulation.\nvisitable place means—\n(a) a correctional centre; or\n(b) a place outside a correctional centre if a detainee is, or has been,\ndirected to work or participate in an activity at the place.\nNote At least 2 official visitors (including a visitor who is an Aboriginal or\nTorres Strait Islander person) must be appointed for this Act under the\nOfficial Visitor Act 2012 (the OV Act).\nThe OV Act sets out the functions of official visitors which includes\nvisiting visitable places, handling complaints from entitled people and\nreporting on those matters.\nThis part defines what is an entitled person and a visitable place for the\nOV Act.\n","sortOrder":60},{"sectionNumber":"62","sectionType":"section","heading":"Relationship with other inspection laws","content":"62 Relationship with other inspection laws\n(1) This Act must be construed and administered in a way that is\nconsistent with an inspection law unless the contrary intention\nappears from this Act or that law.\n(2) This Act is taken to be consistent with an inspection law to the extent\nthat it is capable of operating concurrently with that law.\n(3) The director-general may make arrangements with a person\nresponsible for the exercise of functions under an inspection law to\nensure, as far as practicable, the safety of an inspector (however\ndescribed) or anyone else affected by the exercise of the function in\nrelation to a detainee or correctional centre.\n(4) A person exercising a function under an inspection law in relation to\na detainee or correctional centre must exercise the function in\naccordance with any direction by the director-general in relation to—\n(a) the safety of anyone at the correctional centre; or\n\n","sortOrder":61},{"sectionNumber":"Part 7","sectionType":"part","heading":"Access to and inspection of correctional centres","content":"Chapter 7 Access to and inspection of correctional centres\ninspection law means an Act that provides for the entry and\ninspection of premises, or the search of people or premises.\nExamples of inspection laws\n• Crimes Act 1900\n• Custodial Inspector Act 2017\n• Emergencies Act 2004\n• Food Act 2001\n• Public Health Act 1997\n\n","sortOrder":62},{"sectionNumber":"Part 8","sectionType":"part","heading":"Admission to correctional","content":"Chapter 8 Admission to correctional\ncentres\n","sortOrder":63},{"sectionNumber":"63","sectionType":"section","heading":"Meaning of admission to correctional centre","content":"63 Meaning of admission to correctional centre\nadmission, of a detainee to a correctional centre, means admission of\nthe detainee to the centre for detention.\n","sortOrder":64},{"sectionNumber":"64","sectionType":"section","heading":"Authority for detention","content":"64 Authority for detention\n(1) A person must not be admitted to, or detained at, a correctional centre\nunless the detention is—\n(a) authorised by a warrant under the Crimes (Sentence\nAdministration) Act 2005, section 12 (Warrant for\nimprisonment); or\n(b) authorised by a warrant under the Crimes (Sentence\nAdministration) Act 2005, section 17 (Warrant for remand); or\n(c) otherwise authorised, whether by a warrant or other authority\n(however named), under a territory law or a law of the\nCommonwealth, a State or another Territory.\nExamples—par (c)\n1 an accused person who is refused bail by an authorised person under the\nBail Act 1992\n2 a person held on a warrant issued under the Royal Commissions\nAct 1991, section 35 (Apprehension of witnesses failing to appear)\n3 a person in immigration detention under the Migration Act 1958 (Cwlth)\n4 an interstate detainee on leave in the ACT held in custody overnight\n(2) Before the person is admitted to the correctional centre, the\ndirector-general must be given the warrant or evidence of other\nauthority for the detention.\n\n(3) The validity of a person’s detention at a correctional centre is not\naffected by a defect or irregularity in or in relation to the warrant or\nthe evidence of other authority for the detention.\n","sortOrder":65},{"sectionNumber":"65","sectionType":"section","heading":"Identification of detainees","content":"65 Identification of detainees\n(1) For the identification of a detainee admitted to a correctional centre,\nthe director-general may direct that 1 or more of the following be\ntaken of, or from, the detainee:\n(a) prints of the detainee’s hands, fingers, feet or toes;\n(b) a photograph or video recording;\n(c) a measurement;\n(d) a cast or impression;\n(e) a buccal swab or saliva sample;\n(f) a blood sample;\n(g) anything else prescribed by regulation.\n(2) Anything taken of, or from, a detainee under subsection (1) must be\ndestroyed if—\n(a) the detainee is found not guilty of any offence to which the\ndetention relates, other than on the ground of unsoundness of\nmind; or\n(b) proceedings for any offence to which the detention relates are\ndiscontinued or dismissed.\n(3) However, subsection (2) does not apply if, for any part of the period\nof detention in relation to an offence, the detainee was also being\ndetained for another offence—\n(a) of which the detainee has been convicted; or\n(b) for which a proceeding (including any appeal proceeding) is still\npending.\n\n(4) A blood sample under this section may only be taken by a health\npractitioner appointed under section 22 (Health practitioners—\nnon-therapeutic functions).\nNote The Crimes (Forensic Procedures) Act 2000 includes provision for\ncarrying out forensic procedures on people in custody. See particularly\npt 2.7 (Carrying out of certain forensic procedures after conviction of\nserious offenders).\n","sortOrder":66},{"sectionNumber":"66","sectionType":"section","heading":"Information about entitlements and obligations","content":"66 Information about entitlements and obligations\n(1) As soon as practicable after a detainee is admitted to a correctional\ncentre, the director-general must ensure that reasonable steps are\ntaken to explain the following to the detainee:\n(a) the detainee’s entitlements and obligations under this Act;\n(b) the case management plan arrangements;\n(c) the role of official visitors;\n(d) the role of the custodial inspector;\n(e) the procedures for seeking information and making complaints;\n(f) if the detainee is a national of a foreign country—the right to\nhave a diplomatic or consular representative of the country told\nabout the detention;\n(g) anything else prescribed by regulation;\n(h) anything else the director-general considers necessary or\ndesirable.\nExamples—par (g)\n1 corrections policies and operating procedures relevant to the detainee\n2 the scope and effect of the director-general’s directions\n3 for a transgender or intersex detainee—the effect of section 79 in\nrelation to choice of sexual identity\n4 the health services, work and activities available to detainees\n5 for an offender—the role of the sentence administration board\n\n(2) The explanation under subsection (1)—\n(a) may be in general terms; and\n(b) as far as practicable, must be in language the detainee can\nreadily understand.\nExample—par (a)\na written statement or checklist used by corrections officers to give detainees\na general summary of the things mentioned in subsection (1)\n(3) The director-general must arrange for the assistance of an interpreter\nin complying with subsection (1) or (2) if the director-general\nbelieves, on reasonable grounds, that the detainee is unable, because\nof inadequate knowledge of the English language or a disability, to\ncommunicate with reasonable fluency in English.\n(4) Without limiting subsection (3), the assistance of the interpreter may\nbe provided by telephone.\n(5) The director-general must also ensure that copies of the following are\navailable for inspection by detainees at each correctional centre:\n(a) this Act;\n(b) corrections policies and operating procedures available under\nsection 14.\n(6) The director-general must tell a diplomatic or consular representative\nof a foreign country about the detention of a national of that country,\nif asked by the detainee.\n","sortOrder":67},{"sectionNumber":"67","sectionType":"section","heading":"Initial assessment","content":"67 Initial assessment\n(a) each detainee admitted to a correctional centre is assessed as\nsoon as practicable to identify any immediate physical or mental\nhealth, or safety or security, risks and needs; and\n(b) any risks and needs identified by the assessment are addressed.\n\n(2) In particular, the director-general must ensure that any ongoing risks\nand needs are addressed in the detainee’s case management plan.\n","sortOrder":68},{"sectionNumber":"68","sectionType":"section","heading":"Health assessment","content":"68 Health assessment\n(1) The assessment under section 67 of a detainee’s physical and mental\nhealth needs and risks must be made within 24 hours after the\ndetainee’s admission.\n(2) The health assessment must involve—\n(a) an initial assessment by a nurse and a review of the nurse’s\nassessment by a doctor appointed under section 21 (Doctors—\nhealth service appointments); or\n(b) an assessment by a doctor appointed under section 21\n(Doctors—health service appointments).\n(3) The health assessment must include an assessment of the detainee’s\nrisk of self-harm.\nNote 1 The detainee’s case management plan must also address the detainee’s\nhealth condition, any risk of self-harm and any treatment regime\n(see s 78).\nNote 2 The Mental Health Act 2015 also includes provision for assessment\norders, and emergency detention and care, under that Act.\n","sortOrder":69},{"sectionNumber":"69","sectionType":"section","heading":"Alcohol and drug tests on admission","content":"69 Alcohol and drug tests on admission\n(1) For an assessment under section 67, the director-general may direct\nthe detainee, orally or in writing, to provide a test sample.\n(2) Division 9.6.2 (Alcohol and drug testing—detainees) applies in\nrelation to the direction and any sample given under the direction.\n\n","sortOrder":70},{"sectionNumber":"70","sectionType":"section","heading":"Strip search on admission","content":"70 Strip search on admission\n(1) For an assessment under section 67, the director-general may direct\nthe detainee, orally or in writing, to submit to a strip search.\n(2) The following provisions apply in relation to the direction and any\nstrip search conducted under the direction:\n(a) part 9.4 (Searches), other than section 113A, section 113B and\nsection 113C;\n(b) part 9.5 (Seizing property).\n","sortOrder":71},{"sectionNumber":"71","sectionType":"section","heading":"Property of detainees","content":"71 Property of detainees\n(1) The director-general may allow a detainee’s property to be brought\ninto a correctional centre.\n(2) However, the director-general may give directions imposing\nconditions in relation to the detainee’s property brought into a\ncorrectional centre, including conditions in relation to—\n(a) the nature, amount and location of property that may be held by\na detainee at the centre; and\n(b) the use of the property.\n(3) The director-general must ensure that the register of detainees\nincludes details of the property each detainee has at a correctional\ncentre.\n(4) Without limiting section 14 (Corrections policies and operating\nprocedures), a corrections policy or operating procedure may make\nprovision in relation to detainee’s property, including provision in\nrelation to the following:\n(a) the taking and storage of the property;\n(b) access to, and use of, the property;\n(c) transfer of the property;\n\n(d) compensation for loss or damage;\n(e) return of the property to the detainee.\ndetainee’s property does not include a prohibited thing.\nNote Pt 9.5 (Seizing property) provides generally for the seizure, forfeiture and\nreturn of property.\n","sortOrder":72},{"sectionNumber":"72","sectionType":"section","heading":"Security classification","content":"72 Security classification\nThe director-general must arrange a security classification for a\ndetainee as soon as practicable after the detainee’s admission to a\n","sortOrder":73},{"sectionNumber":"73","sectionType":"section","heading":"Case management plan","content":"73 Case management plan\nThe director-general must arrange for a case management plan to be\nprepared for a detainee as soon as practicable after the detainee’s\nadmission to a correctional centre.\n","sortOrder":74},{"sectionNumber":"74","sectionType":"section","heading":"Entries in register of detainees","content":"74 Entries in register of detainees\nThe director-general must ensure that details of each detainee\nadmitted to a correctional centre are entered in the register of\ndetainees on the detainee’s admission to the centre.\nNote The director-general must keep a register of detainees at a correctional\ncentre (see s 76).\n\n","sortOrder":75},{"sectionNumber":"Part 9","sectionType":"part","heading":"1 Management and security—","content":"Part 9.1 Management and security—\ngeneral\n","sortOrder":76},{"sectionNumber":"75","sectionType":"section","heading":"Compliance with director-general’s directions","content":"75 Compliance with director-general’s directions\nA detainee must comply with any direction given under this Act to\nthe detainee by the director-general.\nNote Under s 17, the director-general may delegate any of the\ndirector-general’s functions, including the giving of directions, to a\ncorrections officer.\n","sortOrder":77},{"sectionNumber":"76","sectionType":"section","heading":"Register of detainees","content":"76 Register of detainees\n(1) The director-general must keep a register containing details of each\ndetainee at a correctional centre.\n(2) The register must include details of the following for each detainee:\n(a) full name;\n(b) authority for detention;\n(c) period of authorised detention;\n(d) for a detainee under a sentence of imprisonment—\n(i) the sentence, including any element of a combination\nsentence; and\n(ii) any nonparole period;\n(e) current place of detention;\n(f) security classification;\n(g) case management plan;\n\n(h) sex, including that chosen under section 79 (Transgender and\nintersex detainees—sexual identity);\n(i) any known condition of the detainee that requires, or is likely to\nrequire, a health service;\n(j) anything taken under section 65 (Identification of detainees);\n(k) anything else the director-general considers necessary or\nappropriate for the proper management of the detainee.\nExamples—par (i)\n1 nutritional or health needs\n2 need for spectacles, contact lens, crutches, prosthesis or other artificial\naids\n3 language or literacy difficulties\n(3) The register must be available for inspection under chapter 7 (Access\ncombination sentence—see the Crimes (Sentencing) Act 2005,\n","sortOrder":78},{"sectionNumber":"77","sectionType":"section","heading":"Health reports","content":"77 Health reports\n(1) For this Act, the director-general may ask a relevant director-general\nfor a written report about a detainee’s health.\n(2) The relevant director-general must comply with the request as soon\nas practicable.\n(3) The relevant director-general’s report must include personal health\ninformation about the detainee that is in a health record—\n(a) in the relevant director-general’s custody; or\n(b) to which the relevant director-general has access through any\narrangement with another director-general.\n\n(4) The director-general must ensure that a doctor appointed under\nsection 21 (Doctors—health service appointments) assesses the report\nfrom a relevant director-general and includes a statement of the\ndetainee’s condition (the health schedule) in the detainee’s case\nmanagement plan.\n(5) The health schedule must include a summary of—\n(a) the detainee’s condition and health risks, including any\nlikelihood of the condition resulting in a medical emergency or\nthe onset of significant health problems and any associated\nsymptoms; and\n(b) a treatment regime for the detainee\nExamples—s (5)\n1 Detainee D has diabetes. The health schedule for D explains the type of\ndiabetes, the treatment required, any likely medical emergency or significant\nhealth problem and the associated symptoms, such as hypoglycaemia.\n2 Detainee P has epilepsy. The health schedule for P explains the type of\nepilepsy, the treatment required, the symptoms and consequences of any\nfailure to maintain the treatment regime.\n(6) Without limiting section 14 (Corrections policies and operating\nprovision in relation to the health schedule, including provision in\nrelation to any of the following:\n(a) the content of the schedule and, in particular, any statement\nabout the detainee’s health risks and treatment regime;\n(b) the people who may access the health schedule and the\ncircumstances for access.\n(7) The director-general must ensure that the relevant director-general’s\nreport and the health schedule is available only to people authorised\nby the director-general.\n\n(8) In this section:\nhealth record—see the Health Records (Privacy and Access)\nAct 1997, dictionary.\npersonal health information—see the Health Records (Privacy and\nAccess) Act 1997, dictionary.\nrelevant director-general means a director-general whose\nadministrative unit is responsible for any provision of the following\nActs:\n(a) the Children and Young People Act 2008;\n(b) the Disability Services Act 1991;\n(c) the Health Act 1993;\n(d) the Mental Health Act 2015.\nNote Compliance with a request under this section does not involve a\ncontravention of a privacy principle under the Health Records (Privacy\nand Access) Act 1997 (see that Act, s 5 (The privacy principles)).\n","sortOrder":79},{"sectionNumber":"78","sectionType":"section","heading":"Case management plans—scope etc","content":"78 Case management plans—scope etc\n(1) The director-general—\n(a) must maintain an individual management plan for each detainee,\nother than a remandee; and\n(b) may maintain an individual management plan for a detainee who\nis a remandee.\n(2) A case management plan for a detainee must—\n(a) outline work and activities for the detainee; and\n(b) be based on an assessment of the needs, capacities and\ndisposition of the detainee; and\n(c) be consistent with the resources available to the director-general\nto manage the detainee; and\n\n(d) if the detainee is an offender—outline how the detainee is to be\nprepared for lawful release and reintegration into society at the\nearliest possible time.\n(3) A case management plan may deal with any matter relating to a\ndetainee, including the following:\n(a) provision for the safe, secure and humane treatment of the\ndetainee;\n(b) for a detainee at risk of self-harm—an outline of the risk and\nstrategies for managing the risk;\n(c) the welfare of the detainee, including the detainee’s\nparticipation in work or activities, and other constructive use of\ntime in detention;\n(d) details of any academic, vocational or cultural education or\ntraining for the detainee approved under section 52 (News and\neducational services);\n(e) the detainee’s health condition and risks, and any associated\ntreatment regime;\n(f) for a detainee with a physical, mental or educational disability—\nstrategies for extra assistance to minimise any disadvantage\nsuffered by the detainee because of the disability, particularly in\nrelation to suitability for work and release from detention;\n(g) for a detainee serving a sentence of imprisonment by full-time\ndetention—requirements for the detainee to be—\n(i) told the detainee’s release date under the sentence; and\n(ii) given necessary assistance in applying for parole;\n(h) anything else prescribed by regulation or directed by the\n\n","sortOrder":80},{"sectionNumber":"79","sectionType":"section","heading":"Transgender and intersex detainees—sexual identity","content":"79 Transgender and intersex detainees—sexual identity\n(1) This section applies to a transgender or intersex detainee.\n(2) For this Act, the sex of the detainee is taken to be—\n(a) the sex chosen under subsection (3); or\n(b) if subsection (4) applies—the sex chosen with approval under\nsubsection (4).\n(3) On admission to a correctional centre—\n(a) the detainee may tell the director-general the sex the detainee\nchooses to be identified with; or\n(b) if the detainee fails to make a choice under paragraph (a)—the\ndirector-general may choose the sex the detainee is to be\nidentified with having regard to the report obtained under\nsubsection (5).\nNote Fail includes refuse, see the Legislation Act, dict, pt 1.\n(4) The director-general may, on application by the detainee, approve a\nchange in the sex the detainee chooses to be identified with, having\nregard to the report obtained under subsection (5).\n(5) Before making a decision under subsection (3) or (4), the\ndirector-general must obtain a report by a doctor appointed under\nsection 22 (Health practitioners—non-therapeutic functions) about\nthe detainee’s sexual identity.\n(6) The director-general must—\n(a) give the detainee written notice of a decision by the\ndirector-general under subsection (3) or (4); and\n\n(b) must ensure that the detainee’s sex chosen under this section is\nentered in the register of detainees.\nExamples of effect of this section\nThe conduct of searches of the detainee, and the allocation of accommodation and\nsanitary facilities for the detainee, would be on the basis that the detainee was a\nperson of the chosen sex.\n","sortOrder":81},{"sectionNumber":"80","sectionType":"section","heading":"Security classification—basis etc","content":"80 Security classification—basis etc\n(1) The director-general must—\n(a) give each detainee a security classification; and\n(b) review the classification at least annually or otherwise as\nprescribed by regulation.\n(2) When deciding a detainee’s security classification, the\ndirector-general must consider the following:\n(a) the reason for the detention, including the nature of any offence\nfor which the detainee is detained;\n(b) the risks posed by the detainee if the detainee were to escape;\n(c) the risk of the detainee escaping;\n(d) the risks posed by the detainee while at a correctional centre;\n(e) the risks to the detainee of being accommodated with particular\ndetainees or in particular areas at a correctional centre;\n(f) any matter prescribed by regulation.\n(3) The director-general may consider anything else the director-general\nconsiders relevant.\n(4) The security measures to which a detainee is subject under a security\nclassification must be the minimum necessary to ensure secure\ndetention of the detainee.\n\n","sortOrder":82},{"sectionNumber":"81","sectionType":"section","heading":"Prohibited things","content":"81 Prohibited things\n(1) The director-general may declare a thing to be a prohibited thing.\n(2) A declaration is a notifiable instrument.\nExamples of prohibited things\n1 a weapon or something crafted as a weapon\n2 an explosive\n3 alcohol\n4 a controlled drug under the Criminal Code\n5 a mobile phone\nfactors (see Legislation Act, s 48.)\n","sortOrder":83},{"sectionNumber":"82","sectionType":"section","heading":"Possession of prohibited things","content":"82 Possession of prohibited things\n(1) A detainee commits an offence if the detainee possesses a prohibited\nthing.\n(2) Subsection (1) does not apply if the director-general approves the\ndetainee’s possession of the thing.\n","sortOrder":84},{"sectionNumber":"83","sectionType":"section","heading":"Work by detainees","content":"83 Work by detainees\nA regulation may make provision in relation to work by detainees,\nincluding provision in relation to any of the following:\n(a) the kind of work that may be done by detainees;\n(b) the places where detainees may work, including places outside\na correctional centre;\n\n(c) any payment or other return to which detainees are entitled for\nwork done;\n(d) accounting for any payment or other return credited to detainees\nfor work done.\n","sortOrder":85},{"sectionNumber":"84","sectionType":"section","heading":"Trust accounts for detainees","content":"84 Trust accounts for detainees\n(1) The director-general must ensure that money belonging to a detainee\nis held for the detainee in a trust account.\n(2) The director-general may deduct amounts from the amount held in\ntrust for a detainee the amount for payment of any financial penalty\nor reparation that must be paid as disciplinary action against the\n(3) A regulation may make provision in relation to the operation or\nmaintenance of trust accounts.\n","sortOrder":86},{"sectionNumber":"85","sectionType":"section","heading":"Prohibited areas","content":"85 Prohibited areas\n(1) The director-general may define an area at a correctional centre where\ndetainees are prohibited (a prohibited area).\n(2) The director-general must take reasonable steps to bring each\nprohibited area to the attention of detainees, corrections officers and\nother people who work at or visit the centre.\n(3) Without limiting subsection (1), the director-general must ensure that\nnotices or signs are prominently displayed at or near each prohibited\narea indicating that it is an area where detainees are prohibited.\n","sortOrder":87},{"sectionNumber":"86","sectionType":"section","heading":"Nonsmoking areas","content":"86 Nonsmoking areas\n(1) The director-general may declare the whole or part of a correctional\ncentre as an area in which smoking is prohibited (a nonsmoking\narea).\n\n(2) However, the director-general may only declare the whole of a\ncorrectional centre as a nonsmoking area if the director-general is\nreasonably satisfied that appropriate therapeutic support is available\nto help detainees at the correctional centre stop smoking.\n(3) The director-general must take reasonable steps to bring each\nnon-smoking area to the attention of detainees, corrections officers\nand other people who work at or visit the centre.\n(4) Without limiting subsection (1), the director-general must ensure that\nnotices or signs are prominently displayed at or near each\nnonsmoking area indicating that smoking is prohibited in the area.\n(5) The Smoke-Free Public Places Act 2003 does not apply to a\n","sortOrder":88},{"sectionNumber":"87","sectionType":"section","heading":"Management and security—corrections policies and","content":"87 Management and security—corrections policies and\noperating procedures\n(1) Without limiting section 14 (Corrections policies and operating\nprovision for any other matter in relation to the management or\nsecurity of detainees.\n(2) The director-general must ensure that a corrections policy or\noperating procedure makes provision in relation to each the\n(a) a detainee giving birth;\n(b) a marriage, civil union or civil partnership of a detainee;\n(c) the death of a detainee.\n\n","sortOrder":89},{"sectionNumber":"88","sectionType":"section","heading":"Meaning of segregation","content":"88 Meaning of segregation\nsegregation, of a detainee—\n(a) means the restriction or denial of the detainee’s opportunity—\n(i) to go into, or be in, a particular part of a correctional centre;\nor\n(ii) to associate with other detainees; and\n(b) includes separate confinement.\n","sortOrder":90},{"sectionNumber":"89","sectionType":"section","heading":"Segregation under pt 9.2—purpose","content":"89 Segregation under pt 9.2—purpose\nTo remove any doubt, segregation under this part must not be used\nfor punishment or disciplinary purposes.\n","sortOrder":91},{"sectionNumber":"90","sectionType":"section","heading":"Segregation—safety and security","content":"90 Segregation—safety and security\ngrounds, that the segregation is necessary or prudent to protect—\n(a) the safety of anyone else at a correctional centre; or\n(2) When making a direction under this section, the director-general must\nalso have regard to any relevant, known cultural consideration and\nthe likely impact of segregation on the health and wellbeing of the\n(3) The director-general must give the detainee prompt notice of the\n\n(4) The director-general must revoke the direction if the director-general\nbelieves, on reasonable grounds, that the protection mentioned in\nsubsection (1) is no longer necessary or prudent.\n(5) The director-general—\n(c) must review the direction at least once every 21 days while it\n(6) After reviewing the direction, the director-general may—\n(c) revoke the direction under subsection (4).\n(7) To remove any doubt, the director-general may make more than\n(8) Subject to this section and section 94 (Segregated detainees removed\nto NSW), a direction ends at the end of—\n(a) 28 days after the day it is given; or\n(b) if subsection (6) (b) applies—90 days after the day the further\ndirection, or latest further direction, is given.\n","sortOrder":92},{"sectionNumber":"91","sectionType":"section","heading":"Segregation—protective custody","content":"91 Segregation—protective custody\ngrounds, that the segregation is necessary or prudent to protect the\nsafety of the detainee.\n\n(2) The director-general may give the direction at any time, on the\ndirector-general’s own initiative or on request by the detainee.\n(3) The director-general must give the detainee prompt notice of the\n(4) The director-general must revoke the direction if the director-general\nbelieves, on reasonable grounds, that the protection mentioned in\nsubsection (1) is no longer necessary or prudent.\n(5) The director-general—\n(c) must review the direction at least once every 21 days while it\n(6) After reviewing the direction, the director-general may—\n(c) revoke the direction under subsection (4).\n(7) To remove any doubt, the director-general may make more than\n(8) Subject to this section and section 94 (Segregated detainees removed\nto NSW), a direction ends—\n(a) 28 days after the day it is given; or\n(b) if subsection (6) (b) applies—90 days after the day the further\ndirection, or latest further direction, is given.\n\n","sortOrder":93},{"sectionNumber":"92","sectionType":"section","heading":"Segregation—health","content":"92 Segregation—health\ngrounds, that the segregation is necessary or prudent—\n(a) to assess the detainee’s physical or mental health; or\n(b) to protect anyone (including the detainee) from harm because of\nthe detainee’s physical or mental health; or\n(c) to prevent the spread of disease.\n(2) The director-general must give the detainee prompt notice of the\n(3) The director-general must revoke the direction if the director-general\nbelieves, on reasonable grounds, that the direction is no longer\nnecessary or prudent.\n(4) The director-general—\n(b) must review the direction on request by a doctor appointed under\nsection 21 (Doctors—health service appointments); and\n(c) if the detainee is to be transferred to another correctional centre\n(d) must review the direction at least once every 21 days while it\n(5) After reviewing the direction, the director-general may—\n(c) revoke the direction under subsection (3).\n\n(6) To remove any doubt, the director-general may make more than\n(7) When acting under subsection (1), (3) or (4), the director-general\nmust have regard to any advice given by a doctor appointed under\nsection 21 (Doctors—health service appointments) in relation to the\nsegregation of the detainee.\n","sortOrder":94},{"sectionNumber":"93","sectionType":"section","heading":"Interstate segregated detainees transferred to ACT","content":"93 Interstate segregated detainees transferred to ACT\n(1) This part applies if—\n(a) an interstate segregation direction applies to a detainee; and\n(b) the detainee is transferred (however described) into custody at a\ncorrectional centre in the ACT.\n(2) Despite the transfer, the interstate direction—\n(a) continues to apply in relation to the detainee—\n(i) as if it were a direction under this part; and\n(ii) with any necessary changes, and any change prescribed by\nregulation; and\n(b) subject to this part, ends 3 days after the day the detainee is taken\ninto custody at the correctional centre in the ACT.\ninterstate segregation direction means a direction or order (however\ndescribed) that—\n(a) corresponds substantially to a direction under this part; and\n(b) is in force under a law of the Commonwealth, a State or another\nTerritory that is declared by regulation to be a corresponding law\nfor this section.\n\n","sortOrder":95},{"sectionNumber":"94","sectionType":"section","heading":"Segregated detainees removed to NSW","content":"94 Segregated detainees removed to NSW\n(1) This section applies if both of the following apply to a detainee:\n(a) a direction under the Crimes (Sentence Administration)\nAct 2005, section 26 (Full-time detention in ACT or NSW) that\nthe detainee be removed to a NSW correctional centre;\n(b) a direction (the ACT direction)—\n(i) under this part; or\n(ii) under chapter 10 (Discipline) for investigative segregation.\n(2) Despite the detainee’s removal to a NSW correctional centre, the\nACT direction—\n(a) continues to apply in relation to the detainee, with any necessary\nchanges, and any change prescribed by regulation; and\n(b) subject to this part, ends 3 days after the day the detainee is taken\ninto custody at the NSW correctional centre.\n","sortOrder":96},{"sectionNumber":"95","sectionType":"section","heading":"Segregation not to affect minimum living conditions","content":"95 Segregation not to affect minimum living conditions\n(1) The segregation of a detainee under this part does not affect the\nstandards applying to the detainee under section 12 (Correctional\ncentres—minimum living conditions).\n(2) However, subsection (1) does not prevent the application of the\nstandards in a way that is necessary and reasonable for the purpose of\nthe segregation.\n","sortOrder":97},{"sectionNumber":"96","sectionType":"section","heading":"Application for review of segregation directions","content":"96 Application for review of segregation directions\n(1) A detainee may apply to an adjudicator for a review of the\ndirector-general’s directions under any of the following sections:\n(a) section 90 (Segregation—safety and security);\n(b) section 91 (Segregation—protective custody);\n\n(c) section 92 (Segregation—health).\ndirector-general gives the detainee notice of the direction.\n(3) Subject to any decision by the adjudicator under section 97, the\napplication does not affect the segregation of the detainee under the\ndirection under review.\n","sortOrder":98},{"sectionNumber":"97","sectionType":"section","heading":"Review of segregation directions","content":"97 Review of segregation directions\n(1) On application under section 96, an adjudicator may—\n(a) conduct an inquiry to review the director-general’s direction; or\n(b) refuse to review the director-general’s direction.\n(2) Chapter 11 (Disciplinary inquiries) applies, with any changes\nprescribed by regulation, in relation to the inquiry as if it were an\ninquiry under that chapter.\n(3) After completing an inquiry under this section, the adjudicator may—\n(a) confirm the direction under review; or\n(b) give any direction the director-general may make under the\nsection authorising the direction under review, either by—\n(i) amending the direction under review; or\n(ii) setting aside the direction under review and making a\ndirection in substitution for the direction set aside.\n(4) The adjudicator must give the detainee prompt written notice of the\nadjudicator’s decision under this section.\n\n(5) If the adjudicator refuses to review the director-general’s direction,\nthe notice must include the reasons for the refusal.\nNote 1 Under the Administrative Decisions (Judicial Review) Act 1989, a person\norder of the court, the making of the application does not affect the\nNote 2 For what must be included in a statement of reasons, see the Legislation\n","sortOrder":99},{"sectionNumber":"98","sectionType":"section","heading":"Other separation of detainees","content":"98 Other separation of detainees\n(1) The director-general must provide separate accommodation for males\nand females.\nprocedures), the director-general may make a corrections policy or\noperating procedure in relation to the management of detainees,\nincluding provision in relation to the separation of detainees in\nrelation to any of the following:\n(a) the cultural background or vulnerability of detainees;\n(b) accommodation or use of facilities;\n(c) participation in work or other activities.\n\n","sortOrder":100},{"sectionNumber":"99","sectionType":"section","heading":"Monitoring—general considerations","content":"99 Monitoring—general considerations\nIn exercising a function under this part, the director-general must\nensure that the following are balanced appropriately:\n(a) the need to protect the safety of detainees, corrections officers,\nother people who work at or visit correctional centres, and the\ncommunity;\n(b) the need for security and good order at correctional centres;\n(c) the benefits of detainees maintaining contact with the\ncommunity outside correctional centres;\n(d) the need to protect the privacy of detainees;\n(e) the need to prevent intimidation and corruption at correctional\ncentres, and the commission of offences;\n(f) the need to detect prohibited things entering, at, or leaving\ncorrectional centres;\n(g) anything else the director-general considers, on reasonable\ngrounds, to be relevant.\n","sortOrder":101},{"sectionNumber":"100","sectionType":"section","heading":"Monitoring at correctional centres","content":"100 Monitoring at correctional centres\nThe director-general may arrange for any part of a correctional centre\nto be monitored for any activity, including the movement of anyone\nat the centre.\nExamples of monitoring\ndirect viewing, closed-circuit television coverage and the use of other devices for\ndetecting movement\n\nMonitoring Part 9.3\n","sortOrder":102},{"sectionNumber":"101","sectionType":"section","heading":"Personal monitoring devices","content":"101 Personal monitoring devices\n(1) The director-general may, orally or in writing, direct a person at a\ncorrectional centre to wear a device (a personal monitoring device)\nthat allows the person’s location at the centre to be monitored.\n(2) To remove any doubt, a direction under this section may be given to\nany of the following:\n(a) a detainee;\n(b) a corrections officer;\n(c) anyone working at or visiting a correctional centre.\n","sortOrder":103},{"sectionNumber":"102","sectionType":"section","heading":"Interfering with personal monitoring devices","content":"102 Interfering with personal monitoring devices\n(1) A person commits an offence if the person interferes with a personal\nmonitoring device.\n(2) It does not matter whether the interference is by the person directed\nto wear the device or someone else.\n(3) Subsection (1) does not apply if the interference is authorised by the\ninterfere, with a personal monitoring device, includes damage, cause\nto malfunction, disable and remove but does not include the effect of\nnormal wear and tear associated with wearing the device.\n\n","sortOrder":104},{"sectionNumber":"103","sectionType":"section","heading":"Monitoring telephone calls etc","content":"103 Monitoring telephone calls etc\n(1) This section applies in relation to an electronic communication with\na detainee, other than a protected electronic communication.\n(2) The director-general may do either or both of the following in relation\nto the communication:\n(a) monitor the communication;\n(b) record the communication.\n(3) The director-general must tell the parties to the communication that\nthe communication might be monitored and recorded.\n(4) If the communication reveals information about the commission of\nan offence, the director-general must give the information to the chief\npolice officer.\nelectronic communication means communication by—\n(a) telephone, email or fax; or\n(b) any other electronic means.\nprotected electronic communication means an electronic\ncommunication between a detainee and any of the following:\n(d) a commissioner exercising functions under the Human Rights\nCommission Act 2005;\n(e) the ombudsman;\n(f) the integrity commissioner;\n(g) a person prescribed by regulation.\n\nMonitoring Part 9.3\n","sortOrder":105},{"sectionNumber":"104","sectionType":"section","heading":"Monitoring ordinary mail","content":"104 Monitoring ordinary mail\n(1) The director-general may open and search a detainee’s ordinary mail.\n(2) The director-general may read a detainee’s ordinary mail only if the\ndirector-general suspects, on reasonable grounds, that the mail may—\nreviewing decisions under this Act.\n(3) However, and without limiting section 14 (Corrections policies and\noperating procedures), the director-general may make a corrections\npolicy or operating procedure in relation to reading a random\nselection of detainees’ ordinary mail.\nordinary mail means mail other than protected mail.\nsearch includes search—\n(a) with any device using electronic or other technology; and\n(b) by physical means; and\n(c) with the assistance of a corrections dog.\n","sortOrder":106},{"sectionNumber":"105","sectionType":"section","heading":"Monitoring protected mail","content":"105 Monitoring protected mail\n(1) The director-general may open and search a detainee’s protected mail\nin the detainee’s presence if the director-general suspects, on\nreasonable grounds, that the mail contains—\n(a) something that may physically harm the addressee; or\n(b) a prohibited thing.\n(2) However, the director-general must not read a detainee’s protected\nmail without the detainee’s written consent.\n\nsearch—see section 104 (4).\n","sortOrder":107},{"sectionNumber":"106","sectionType":"section","heading":"Mail searches—consequences","content":"106 Mail searches—consequences\n(1) Subject to section 127 (Seizing mail etc), a detainee’s mail, once\nsearched, must be delivered to the addressee as soon as practicable.\n(2) If a search of a detainee’s mail reveals information about the\ncommission of an offence, the director-general must give the\ninformation to the chief police officer.\n\nSearches—general Division 9.4.1\n","sortOrder":108},{"sectionNumber":"107","sectionType":"section","heading":"Definitions—searches","content":"107 Definitions—searches\nbody search, of a detainee, means a search of the detainee’s body,\nincluding an examination of any orifice or cavity of the detainee’s\nbody.\nfrisk search means—\n(a) a search of a person conducted by quickly running the hands\nover the person’s outer garments; and\n(b) an examination of anything worn or carried by the person that is\nconveniently and voluntarily removed by the person.\nordinary search means a search of a person, or of articles in a\nperson’s possession, that may include—\n(a) requiring the person to remove the person’s overcoat, coat or\njacket and any gloves, shoes or hat; and\n(b) an examination of those items.\nscanning search means a search of a person by electronic or other\nmeans that does not require the person to remove the person’s\nclothing or to be touched by someone else.\nExamples of scanning searches\n1 passing a portable electronic or other device over a person\n2 requiring a person to pass by or through an electronic or other device\nstrip search, of a detainee, means a search of the detainee, or of\narticles in the detainee’s possession, that may include—\n(a) requiring the detainee to remove all of the detainee’s clothing;\nand\n\n(b) an examination of the detainee’s body (but not the detainee’s\nbody orifices or cavities) and of that clothing.\n","sortOrder":109},{"sectionNumber":"108","sectionType":"section","heading":"Intrusiveness of searches","content":"108 Intrusiveness of searches\nThe person conducting a search of a person under this part must\nensure, as far as practicable, that—\n(a) the search is the least intrusive kind of search that is reasonable\nand necessary in the circumstances; and\n(b) the search is conducted in the least intrusive way that is\nreasonable and necessary in the circumstances.\nsearching for a prohibited thing by a frisk search (rather than an ordinary search)\nwith the assistance of a corrections dog\n","sortOrder":110},{"sectionNumber":"109","sectionType":"section","heading":"Searches of transgender and intersex detainees","content":"109 Searches of transgender and intersex detainees\n(1) This section applies if a transgender or intersex detainee is to be\nsubjected to a search under this part.\n(2) To remove any doubt, the detainee’s sex is taken to be that entered\nfor the detainee in the register of detainees.\nNote For the meaning of transgender person and intersex person, see the\nLegislation Act, s 169A and s 169B.\n","sortOrder":111},{"sectionNumber":"110","sectionType":"section","heading":"Register of strip and body searches","content":"110 Register of strip and body searches\n(1) This section applies in relation to—\n(a) a strip search of a detainee; and\n(b) a body search of a detainee.\n(2) The director-general must keep a register containing the following\ndetails in relation to each search:\n(a) the name of the detainee searched;\n(b) the reason for the search;\n\nScanning, frisk and ordinary searches Division 9.4.2\n(c) when the search was conducted;\n(d) the name of each person present at any time during the search;\n(e) details of anything seized during the search;\n(f) anything else prescribed by regulation.\n(3) The register may contain anything else the director-general considers\nrelevant.\n(4) The register must be available for inspection under chapter 7 (Access\n","sortOrder":112},{"sectionNumber":"111","sectionType":"section","heading":"Scanning, frisk and ordinary searches—direction to","content":"111 Scanning, frisk and ordinary searches—direction to\nsearch detainee\n(1) The director-general may, at any time, direct a corrections officer to\nconduct a scanning search, frisk search or ordinary search of a\ndetainee if the director-general believes, on reasonable grounds, that\nit is prudent to conduct the search to protect—\n(a) the safety of anyone at a correctional centre; or\nExamples of searches\n1 searching a detainee returning to a correctional centre after performing\ncommunity service\n2 searching a detainee returning to the detainee’s accommodation at a\ncorrectional centre after working in another part of the centre\n(2) Also, a corrections officer may conduct a scanning search, frisk\nsearch or ordinary search of a detainee if the officer suspects, on\nreasonable grounds, that the detainee is carrying—\n(a) a prohibited thing; or\n\n(b) anything else that creates, or is likely to create, a risk to—\n(i) the personal safety of the detainee or anyone else; or\nNote Section 126 provides for the use of force to carry out searches under this\n","sortOrder":113},{"sectionNumber":"112","sectionType":"section","heading":"Scanning, frisk and ordinary searches—requirements for","content":"112 Scanning, frisk and ordinary searches—requirements for\nsearch of detainee\n(1) A corrections officer may conduct a scanning search, frisk search or\nordinary search of a detainee under section 111 only if—\n(a) the officer is the same sex as the detainee; or\ndetainee is present while the search is conducted.\n(2) The other person mentioned in subsection (1) (b) must not be a\n","sortOrder":114},{"sectionNumber":"112A","sectionType":"section","heading":"Scanning and ordinary searches—direction to search","content":"112A Scanning and ordinary searches—direction to search\nnon-detainee\nThe director-general may direct a corrections officer to conduct a\nscanning search or ordinary search of another corrections officer or a\nvisitor—\n(a) on entry or admission to a correctional centre; or\n(b) at any other time the director-general believes on reasonable\ngrounds that it is prudent to conduct the search to protect—\n(i) the safety of anyone at a correctional centre; or\n\nScanning, frisk and ordinary searches Division 9.4.2\n","sortOrder":115},{"sectionNumber":"112B","sectionType":"section","heading":"Scanning and ordinary searches—requirements for","content":"112B Scanning and ordinary searches—requirements for\nsearch of non-detainee\n(1) A corrections officer of any sex may conduct the following searches\nof another corrections officer or a visitor at a correctional centre under\nsection 112A:\n(a) an ordinary search involving only an x-ray of the articles in the\nother officer’s or visitor’s possession;\n(b) a scanning search involving the other officer or visitor passing\nthrough a metal-detecting device or a hand-held metal detecting\ndevice being passed over the other officer or visitor.\n(2) A corrections officer may conduct any other kind of scanning search\nor ordinary search of another corrections officer or a visitor only if—\n(a) the officer is the same sex as the other officer or visitor; or\nother officer or visitor is present while the search is conducted.\n(3) The other person mentioned in subsection (2) (b) must not be a\n(4) A corrections officer or visitor, or articles in the officer’s or visitor’s\npossession, must not be searched without the officer’s or visitor’s\nconsent.\n(5) A corrections officer or visitor may refuse or withdraw consent and\nhave the search discontinued at any time.\n(6) If the corrections officer or visitor refuses to allow a search or, if the\nsearch has started, withdraws consent, the corrections officer seeking\nto conduct the search may refuse to allow the other officer or visitor\nto enter the correctional centre.\n\n(7) This section does not apply to an article in a corrections officer’s or\nvisitor’s possession that the officer or visitor leaves in a secure place\nprovided at the entrance to a correctional centre.\nExample—secure place\na lockable cupboard\n","sortOrder":116},{"sectionNumber":"112C","sectionType":"section","heading":"Frisk searches—direction to search non-detainee","content":"112C Frisk searches—direction to search non-detainee\nThe director-general may, at any time, direct a corrections officer to\nconduct a frisk search of another corrections officer or visitor if the\ndirector-general believes on reasonable grounds that it is prudent to\nconduct the search to protect—\n(a) the safety of anyone at a correctional centre; or\n","sortOrder":117},{"sectionNumber":"112D","sectionType":"section","heading":"Frisk searches—requirements for search of non-detainee","content":"112D Frisk searches—requirements for search of non-detainee\n(1) A corrections officer may conduct a frisk search of another\ncorrections officer or a visitor at a correctional centre under\nsection 112C only if—\n(a) the officer is the same sex as the other officer or visitor; or\nother officer or visitor is present while the search is conducted.\n(2) The other person mentioned in subsection (1) (b) must not be a\n","sortOrder":118},{"sectionNumber":"113","sectionType":"section","heading":"Meaning of seizeable item—div 9.4.3","content":"113 Meaning of seizeable item—div 9.4.3\nIn this division:\nseizeable item means anything that—\n(a) is a prohibited thing; or\n\nStrip searches Division 9.4.3\n(b) may be used by the detainee in a way that may involve—\n(i) intimidating anyone else; or\n(ii) an offence or disciplinary breach; or\n(iii) a risk to the personal safety of anyone else; or\n(iv) a risk to security or good order at a correctional centre.\n","sortOrder":119},{"sectionNumber":"113A","sectionType":"section","heading":"Strip searches—when may be conducted","content":"113A Strip searches—when may be conducted\n(1) A detainee may be strip searched only if the director-general gives a\ndirection in accordance with section 113B or section 113C.\nNote 1 Section 126 provides for the use of force to carry out searches under this\nNote 2 This section does not apply to a strip search conducted on a detainee on\ntheir admission to a correctional centre (see s 70 (2)).\n(2) To remove any doubt, a strip search of a detainee may be conducted\nimmediately after any scanning search, frisk search or ordinary search\nof the detainee.\n","sortOrder":120},{"sectionNumber":"113B","sectionType":"section","heading":"Strip searches—on suspicion","content":"113B Strip searches—on suspicion\nThe director-general may direct a corrections officer to strip search a\ndetainee if the director-general suspects on reasonable grounds that\nthe detainee has a seizeable item concealed on the detainee.\n","sortOrder":121},{"sectionNumber":"113C","sectionType":"section","heading":"Strip searches—where prudent","content":"113C Strip searches—where prudent\n(1) The director-general may direct a corrections officer to strip search a\ndetainee at a correctional centre if—\n(a) the director-general believes on reasonable grounds that it is\nprudent to search the detainee for a seizeable item that may be\nconcealed on or in the detainee because the detainee—\n(i) has recently not been under the control or immediate\nsupervision of a corrections officer for a period; and\n\n(ii) during the period, may have had an opportunity to obtain a\nseizeable item; and\n(b) a scanning search may assist in detecting the item but—\n(i) the means of conducting the search is not available at the\ncorrectional centre; or\n(ii) if the means of conducting the search is available—the\nscanning search is not likely to detect more than a limited\nrange of seizeable items; or\n(iii) the search could only be carried out using force that would\nbe likely to make it ineffectual; and\n(c) a frisk search or ordinary search is not likely to detect more than\na limited range of seizeable items.\nExample—par (a) (ii)\nthe detainee has had a personal contact visit by someone who is not an accredited\nperson\nExample—par (b) (ii)\na metal detector\noperating procedure in relation to strip searches under this section.\n","sortOrder":122},{"sectionNumber":"114","sectionType":"section","heading":"Strip searches—presence of corrections officers","content":"114 Strip searches—presence of corrections officers\n(1) A strip search of a detainee must be done—\n(a) by a corrections officer of the same sex as the detainee; and\n(b) in the presence of 1 or more other corrections officers each of\nwhom must be of the same sex as the detainee.\n(2) However, the number of corrections officers present during the search\nmust be no more than necessary and reasonable to ensure the search\nis carried out as safely and effectively as possible.\n\nStrip searches Division 9.4.3\n(3) The corrections officer conducting the search may direct another\ncorrections officer present to provide assistance that the conducting\nofficer believes, on reasonable grounds, is necessary and reasonable\nfor the search.\n(4) A corrections officer may give directions to the detainee for the\nconduct of the search in accordance with this section.\ndirections that the detainee raise 1 or both arms, raise any long hair or turn in a\nparticular direction\n","sortOrder":123},{"sectionNumber":"115","sectionType":"section","heading":"Strip searches—general rules","content":"115 Strip searches—general rules\n(1) A strip search must be conducted in a private area or an area that\nprovides reasonable privacy for the detainee being searched.\n(2) The search must not be conducted—\n(a) in the presence of someone of the opposite sex to the detainee;\nor\n(b) in the presence or sight of someone else whose presence is not\nnecessary for the search or the safety of everyone present.\n(3) The search must not involve—\n(a) the removal from the detainee of more clothes than is necessary\nand reasonable to conduct the search; or\n(b) the removal from the detainee of more clothes at any time than\nis necessary and reasonable to conduct the search; or\n(c) without limiting paragraph (b), both the upper and lower parts\nof the person’s body being uncovered at the same time.\n(4) Subject to section 126 (Searches—use of force), the search must not\ninvolve any touching of the detainee’s body by a corrections officer.\n\n(5) Each corrections officer present during the search must ensure, as far\nas practicable, that—\n(a) the search is done in a way that minimises embarrassment for\nthe detainee; and\n(b) the search is done quickly; and\n(c) the detainee is allowed to dress in private immediately after the\nsearch is finished.\n(6) If clothing from a detainee is seized during a strip search, the\ndirector-general must ensure that the detainee is left with, or given,\nappropriate clothing to wear.\n","sortOrder":124},{"sectionNumber":"116","sectionType":"section","heading":"Body searches—directions","content":"116 Body searches—directions\nThe director-general may direct a doctor appointed under section 22\n(Health practitioners—non-therapeutic functions) to conduct a body\nsearch of a detainee if the director-general suspects, on reasonable\ngrounds, that the detainee—\n(a) has ingested or inserted something in the detainee’s body that\nmay jeopardise the detainee’s health or wellbeing; or\n(b) has a prohibited thing concealed in or on the detainee’s body\nthat may be used in a way that may pose a risk to the security or\ngood order at a correctional centre; or\n(c) has evidence of the commission of an offence or disciplinary\nbreach concealed in or on the detainee.\n","sortOrder":125},{"sectionNumber":"117","sectionType":"section","heading":"Body searches—presence of nurse and corrections","content":"117 Body searches—presence of nurse and corrections\nofficers\n(1) A nurse appointed under section 22 (Health practitioners—\nnon-therapeutic functions) must be present during the body search of\na detainee.\n\nBody searches Division 9.4.4\n(2) If the doctor conducting the body search is not of the same sex as the\ndetainee, the nurse must be of the same sex as the detainee.\n(3) The director-general may direct 1 or more corrections officers to be\npresent during the search, each of whom must be of the same sex as\nthe detainee.\n(4) However, the number of corrections officers present during the search\nmust be no more than is necessary and reasonable to ensure the search\nis carried out as safely and effectively as possible.\n(5) A body search must be conducted in a private area or an area that\nprovides reasonable privacy for the detainee being searched.\n","sortOrder":126},{"sectionNumber":"118","sectionType":"section","heading":"Body searches—assistance from corrections officer","content":"118 Body searches—assistance from corrections officer\n(1) This section applies if the doctor conducting a body search of a\ndetainee asks the director-general for assistance that the doctor\nbelieves, on reasonable grounds, is necessary and reasonable for the\nsearch.\n(2) The director-general may direct a corrections officer (the assistant)\nto assist in the conduct of the search.\n(3) However, the assistant must be of the same sex as the detainee.\nNote Section 126 provides for the use of force to assist at a body search.\n","sortOrder":127},{"sectionNumber":"119","sectionType":"section","heading":"Body searches—rules about detainee’s clothing","content":"119 Body searches—rules about detainee’s clothing\n(1) A body search of a detainee must not involve—\n(a) the removal of more clothes than is necessary and reasonable to\nconduct the search; or\n(b) the removal of more clothes at any time than is necessary and\nreasonable to conduct the search; or\n(c) without limiting paragraph (b), both the upper and lower parts\nof the person’s body being uncovered at the same time.\n\n(2) A detainee who has been body searched must be allowed to dress in\nprivate immediately after the search is finished.\n(3) If clothing from a detainee is seized during a body search, the\ndirector-general must ensure that the detainee is left with, or given,\nappropriate clothing to wear.\n","sortOrder":128},{"sectionNumber":"120","sectionType":"section","heading":"Body searches—rules about touching detainee","content":"120 Body searches—rules about touching detainee\nThe doctor conducting the body search of a detainee, and the nurse\npresent at the search, may, for the search, touch the detainee and\nexamine the detainee’s orifices and cavities, but only if the doctor or\nnurse is of the same sex as the detainee.\n","sortOrder":129},{"sectionNumber":"121","sectionType":"section","heading":"Body searches—seizing things","content":"121 Body searches—seizing things\n(1) The doctor conducting a body search of a detainee may seize anything\ndiscovered during the search if—\n(a) seizing the thing would not be likely to cause injury to the\ndetainee; and\n(b) the doctor believes, on reasonable grounds, that the thing may\nbe evidence of the commission of an offence or disciplinary\nbreach by the detainee.\n(2) The doctor must give the thing seized to a corrections officer as soon\nas practicable.\n","sortOrder":130},{"sectionNumber":"122","sectionType":"section","heading":"Searches—premises and property","content":"122 Searches—premises and property\n(1) The director-general may, at any time, direct a corrections officer to\nsearch—\n(a) any part of a correctional centre; or\n(b) anything at a correctional centre, including anything in the\npossession of anyone at a correctional centre; or\n\nSearches of premises and property Division 9.4.5\n(c) any vehicle used for transporting a detainee.\nExamples of searches under this section\na search of any of the following for a prohibited thing:\n• any area or building or part of a building (including a cell) at a correctional\ncentre\n• any storage area, including an area used by detainees or corrections officers,\nat a correctional centre\n• any vehicle, machinery or equipment at a correctional centre\n(2) However, this section does not authorise—\n(a) a search of anyone at a correctional centre; or\n(b) any clothing being worn by anyone at a correctional centre at the\ntime of the search.\nsearch includes search—\n(a) with any device using electronic or other technology; and\n(b) by physical means; and\n(c) with the assistance of a corrections dog.\n","sortOrder":131},{"sectionNumber":"123","sectionType":"section","heading":"Searches of detainee cells—legally privileged material","content":"123 Searches of detainee cells—legally privileged material\n(1) This section applies if a detainee has legally privileged material at a\n(2) A corrections officer may search the detainee’s cell under section 122\nin the absence of the detainee if—\n(a) the detainee removes the legally privileged material from the\ncell; or\n(b) the legally privileged material is stored in accordance with a\ncorrections policy or operating procedure made for\nsubsection (3).\n\n(3) Without limiting section 14 (Corrections policies and operating\nprovision for the secure storage at a correctional centre of legally\nprivileged material for detainees.\n","sortOrder":132},{"sectionNumber":"124","sectionType":"section","heading":"Searches of detainee cells—suspected legally privileged","content":"124 Searches of detainee cells—suspected legally privileged\nmaterial\n(1) If a corrections officer suspects, on reasonable grounds, that a\ndetainee’s cell contains legally privileged material, the officer may\nsearch the cell only if the detainee is present.\n(2) A search under subsection (1) may include an examination of any\nlegally privileged material, and anything containing the material,\nfound in the cell.\n(3) However, the officer may not read any legally privileged material\nfound in the cell unless the detainee is present and—\n(a) the detainee consents to the officer reading the material; or\n(b) the officer suspects, on reasonable grounds, that the material\ncontains information that—\n(i) may threaten security or good order at a correctional\ncentre; or\n(ii) relates to an offence or disciplinary breach.\n(4) The officer need not comply with subsection (1) or (3) if the officer\nbelieves, on reasonable grounds, that urgent circumstances exist and\nthat complying with the subsection would create a risk of injury to\nthe officer, the detainee or anyone else.\n(5) The director-general must ensure that a record of action under\nsubsection (4) is made and entered in the register of detainees.\n\nSearches—miscellaneous Division 9.4.6\n","sortOrder":133},{"sectionNumber":"Div 9","sectionType":"division","heading":"4.6 Searches—miscellaneous","content":"Division 9.4.6 Searches—miscellaneous\n","sortOrder":134},{"sectionNumber":"125","sectionType":"section","heading":"Searches—use of corrections dogs","content":"125 Searches—use of corrections dogs\n(1) The director-general may direct a corrections officer to use a\ncorrections dog to assist the officer in conducting a search under this\n(2) Without limiting subsection (1), the director-general may give the\ndirection if the director-general believes, on reasonable grounds, that\nthe assistance of the dog would minimise the intrusiveness of the\nsearch of a detainee by the officer.\n(3) The corrections officer and corrections dog may enter, and remain at\nany place, to assist in the conduct of a search under this part.\n","sortOrder":135},{"sectionNumber":"126","sectionType":"section","heading":"Searches—use of force","content":"126 Searches—use of force\n(1) A corrections officer may use force—\n(a) to carry out a search under this part; or\n(b) to assist at a body search under section 118 (Body searches—\nassistance from corrections officer); or\n(c) to prevent the loss, destruction or contamination of anything\nseized, or that may be seized, during the search.\n(2) However, the corrections officer may use force only in accordance\nwith part 9.7 (Use of force).\n\n","sortOrder":136},{"sectionNumber":"127","sectionType":"section","heading":"Seizing mail etc","content":"127 Seizing mail etc\n(1) The director-general may seize anything in a detainee’s protected\nmail if the director-general believes, on reasonable grounds, that the\nthing—\n(a) may physically harm the addressee or anyone else; or\n(b) is a prohibited thing.\n(2) The director-general may seize other mail of a detainee, or anything\nin the mail, if the director-general suspects, on reasonable grounds,\nthat the seizure is necessary to stop—\n(a) any of the following entering or leaving a correctional centre:\n(i) a prohibited thing;\n(ii) anything that may pose a risk to security or good order at a\ncorrectional centre;\n(iii) anything that appears is being used, or is intended, for the\ncommission of an offence or disciplinary breach; or\n(b) threatening or otherwise inappropriate correspondence leaving\na correctional centre; or\n(c) a detainee obtaining or buying goods without the\ndirector-general’s approval.\nExample of inappropriate correspondence—par (b)\nmail addressed to a person by someone convicted of a sexual offence against\nthe person\n(3) The director-general may seize a document only if the\ndirector-general believes, on reasonable grounds, that the document\nis not legally privileged.\n\nSeizing property Part 9.5\n","sortOrder":137},{"sectionNumber":"128","sectionType":"section","heading":"Seizing property—general","content":"128 Seizing property—general\n(1) The director-general may seize—\n(a) anything found at a correctional centre, whether or not in a\nperson’s custody or possession, that the director-general\nsuspects, on reasonable grounds, jeopardises or is likely to\njeopardise—\n(i) security or good order at a correctional centre; or\n(ii) the safety of anyone at a correctional centre; or\n(b) anything found at a correctional centre, whether or not in a\nperson’s possession, that the director-general suspects, on\nreasonable grounds, is being used, or is intended, for the\ncommission of an offence or a disciplinary breach; or\n(c) a prohibited thing found on a detainee or in a detainee’s custody\nor possession, unless the detainee has the written approval of the\ndirector-general to possess the thing.\n(2) To remove any doubt, this section extends to anything found in a\nsearch under part 9.4 (Searches).\n(3) The director-general may seize a document only if the\ndirector-general believes, on reasonable grounds, that the document\nis not legally privileged.\n","sortOrder":138},{"sectionNumber":"129","sectionType":"section","heading":"Receipt for seizure","content":"129 Receipt for seizure\n(1) The director-general must prepare a written receipt for a seizure under\nsection 127 or section 128.\n(2) As soon as practicable after the seizure (but no later than 7 days after\nthe day of the seizure), the director-general must give a copy of the\nreceipt to—\n(a) the owner of the thing seized; or\n\n(b) if the owner cannot be identified after reasonable inquiries\n(given the thing’s apparent value)—the person from whom the\nthing was seized.\n(3) The receipt must—\n(a) identify the thing seized; and\n(b) outline the grounds for the seizure; and\n(c) include a statement about the effect of section 130; and\n(d) include anything else prescribed by regulation.\nowner, of a thing, includes a person entitled to possession of the thing.\n","sortOrder":139},{"sectionNumber":"130","sectionType":"section","heading":"Forfeiture of things seized","content":"130 Forfeiture of things seized\n(1) A thing seized under section 127 or section 128 is forfeited to the\nTerritory if the director-general decides, on reasonable grounds—\n(a) that—\n(i) after making reasonable inquiries (given the thing’s\napparent value), the owner of the thing cannot be found; or\n(ii) after making reasonable efforts (given the thing’s apparent\nvalue), the thing cannot be returned to the owner; or\n(b) that—\n(i) possession of the thing by a detainee is an offence or\ndisciplinary breach; or\n(ii) it is necessary to keep the thing to stop it being used for the\ncommission of an offence or disciplinary breach; or\n(iii) the thing is inherently unsafe.\n\nSeizing property Part 9.5\n(2) The director-general may deal with a thing forfeited to the Territory\nunder this section, or dispose of it, as the director-general considers,\non reasonable grounds, to be appropriate.\n(3) However, subsection (2) is subject to any order under the Crimes\nAct 1900, section 249 (Seizure of forfeited articles).\nExamples—s (2)\n1 giving a forfeited weapon to a police officer\n2 keeping a forfeited electrical appliance and using it for the benefit of detainees\ngenerally\n3 dumping a forfeited thing of little value\nNote 1 The Crimes Act 1900 also provides for articles forfeited under any law in\nforce in the ACT to be seized by a member of the police force, taken\nbefore the Magistrates Court and for the court to order disposal of the\narticle by the public trustee and guardian (see that Act, s 249 and s 250).\nNote 2 The Uncollected Goods Act 1996 provides generally for the disposal of\nuncollected goods, including goods abandoned on premises controlled by\nthe Territory.\n","sortOrder":140},{"sectionNumber":"131","sectionType":"section","heading":"Return of things seized but not forfeited","content":"131 Return of things seized but not forfeited\n(1) If a thing seized under section 127 or section 128 is not forfeited, the\ndirector-general must return it to its owner—\n(a) no later than the end of 6 months after the day it was seized; or\n(b) if a proceeding for an offence or disciplinary breach involving\nthe thing is started within the 6-month period—at the end of the\nproceeding and any appeal from, or the review of, the\nproceeding.\n(2) However, if the thing was being retained as evidence of an offence or\ndisciplinary breach and the director-general believes, on reasonable\ngrounds, that its retention as evidence is no longer necessary, the\ndirector-general must return it immediately.\nowner—see section 129 (4).\n\n","sortOrder":141},{"sectionNumber":"132","sectionType":"section","heading":"Definitions—drug and test sample","content":"132 Definitions—drug and test sample\ndrug—\n(a) means—\n(i) a controlled drug under the Criminal Code, section 600; or\n(ii) a substance prescribed by regulation for this definition; but\n(b) does not include any of the following:\n(i) a drug lawfully supplied, and taken as prescribed or\ndirected, by a health practitioner;\n(ii) a drug lawfully supplied and self-administered;\n(iii) a drug exempted under section 133.\ntest sample means a sample of breath, saliva, urine, hair, blood, or\nanything else prescribed by regulation.\n","sortOrder":142},{"sectionNumber":"133","sectionType":"section","heading":"When test sample positive","content":"133 When test sample positive\n(1) A person is taken to provide a positive test sample for alcohol or a\ndrug if, when directed under this Act, the Crimes (Sentence\nAdministration) Act 2005 or the Crimes (Sentencing) Act 2005, to\nprovide a test sample—\n(a) the person fails to provide a test sample in accordance with the\ndirection; or\nNote Fail includes refuse, see the Legislation Act, dict, pt 1.\n(b) the person provides an invalid test sample; or\n\nAlcohol and drug testing Part 9.6\nGeneral Division 9.6.1\n(c) for a full-time detainee—the detainee provides a test sample that\nshows the detainee has taken alcohol or a drug; or\n(d) for a person serving a term of imprisonment by intensive\ncorrection, or suspended under a drug and alcohol treatment\norder—the person provides a test sample that shows the\nperson—\n(i) either—\n(A) if the person is under a condition or a direction that\nthe person not take alcohol—has taken alcohol; or\n(B) in any other case—has a blood alcohol concentration\nof the prescribed concentration or more; or\n(ii) has taken a drug.\n(2) However, subsection (1) (a) does not apply if the person has a\nreasonable excuse for failing to provide the test sample within a\nreasonable time of the direction being given.\nExamples of reasonable excuse\n1 a medical condition that prevents the person from providing a test sample as\ndirected\n2 prescribed medication that may affect test results\n(3) The director-general may exempt a drug from the application of this\n(4) An exemption is a notifiable instrument.\ndrug and alcohol treatment order—see the Crimes (Sentencing)\nAct 2005, section 12A.\n\ninvalid—a test sample provided by a person is invalid if—\n(a) the person tampers, or attempts to tamper, with the test sample;\nor\n(b) the person otherwise changes, or attempts to change, the results\nof the test sample.\nprescribed concentration, of alcohol, means—\n(a) 0.02g of alcohol per 100mL of blood; or\n(b) if a regulation prescribes another concentration—the prescribed\nconcentration.\n","sortOrder":143},{"sectionNumber":"134","sectionType":"section","heading":"Alcohol and drug testing of detainees","content":"134 Alcohol and drug testing of detainees\n(1) The director-general may direct the following to provide a stated kind\nof test sample:\n(a) a detainee;\n(b) a number of randomly selected detainees at a correctional centre.\n(2) The director-general, or a doctor, or nurse, appointed under section 22\n(Health practitioners—non-therapeutic functions), may give a\ndetainee a direction about the way a detainee must provide the test\nsample.\n(3) However—\n(a) a direction under this section must be consistent with any\nrequirement prescribed by an operating procedure for this\nsection; and\n(b) only a doctor, or nurse, appointed under section 22 (Health\npractitioners—non-therapeutic functions) may take a blood\nsample.\n\nAlcohol and drug testing Part 9.6\nAlcohol and drug testing—detainees Division 9.6.2\n(4) A doctor or nurse who takes a test sample from a detainee must give\nthe sample to a corrections officer.\n(5) The director-general must give the detainee notice of the results of\nany test conducted on the test sample as soon as practicable after the\ndirector-general receives them.\nrandomly selected means chosen by a computer programmed to\nchoose names randomly from the register of detainees.\n","sortOrder":144},{"sectionNumber":"135","sectionType":"section","heading":"Effect of positive test sample from detainee","content":"135 Effect of positive test sample from detainee\n(a) a detainee is directed under this Act or the Crimes (Sentence\nAdministration) Act 2005 to provide a test sample; and\n(b) the test sample provided by the detainee is positive.\n(2) The director-general may have regard to the positive test sample in\nmaking any decision in relation to the management of the detainee\nunder this Act.\nExamples of decisions\n1 decisions under section 78 (Case management plans—scope etc) or section 80\n(Security classification—basis etc)\n2 decisions under chapter 10 (Discipline)\nNote The taking (in any way) of alcohol or a drug into the body is a disciplinary\nbreach (see s 152 (Meaning of disciplinary breach)). The results of the\nanalysis of a substance under this Act, signed by an analyst, is evidence\nof the facts stated in the certificate (see s 226 (Evidentiary certificates)).\n\nDivision 9.6.3 Alcohol and drug testing—corrections officers etc\nDivision 9.6.3 Alcohol and drug testing—corrections\nofficers etc\n136 Alcohol and drug testing of corrections officers etc\n(1) A regulation may make provision in relation to alcohol and drug\ntesting of—\n(a) corrections officers; and\n(b) public servants and other people who work at or visit\ncorrectional centres, whether as employees, contractors,\nvolunteers or otherwise.\n(2) In particular, a regulation may make provision in relation to any of\nthe following:\n(a) the circumstances for testing, including when and where tests\nmay be conducted;\n(b) the conduct of the tests.\n\nUse of force Part 9.7\n","sortOrder":145},{"sectionNumber":"137","sectionType":"section","heading":"Managing use of force","content":"137 Managing use of force\n(1) The director-general must ensure, as far as practicable, that the use of\nforce in relation to the management of detainees is always—\n(a) a last resort; and\n(b) in accordance with this part.\noperating procedure in relation to the use of force, including provision\nin relation to the following:\n(a) the circumstances, and by whom, force may be used;\n(b) the kinds of force that may be used.\nNote The power to make a corrections policy or operating procedure includes\npower to make different provisions in relation to different matters or\ndifferent classes of matters, and provisions that apply differently by\nreference to stated exceptions or factors (see Legislation Act, s 48).\n","sortOrder":146},{"sectionNumber":"138","sectionType":"section","heading":"Authorised use of force","content":"138 Authorised use of force\n(1) A corrections officer may use force that is necessary and reasonable\nfor this Act, including for any of the following:\n(a) to compel compliance with a direction given in relation to a\ndetainee by the director-general;\n(b) to act under section 126 (Searches—use of force);\n(c) to prevent or stop the commission of an offence or disciplinary\nbreach;\n(d) to prevent the escape of a detainee;\n(e) to prevent unlawful damage, destruction or interference with\nproperty;\n\n(f) to defend the officer or someone else;\n(g) to prevent a detainee from inflicting self-harm;\n(h) anything else prescribed by regulation.\n(2) However, a corrections officer may use force only if the officer\nbelieves, on reasonable grounds, that the purpose for which force may\nbe used cannot be achieved in another way.\n","sortOrder":147},{"sectionNumber":"139","sectionType":"section","heading":"Application of force","content":"139 Application of force\n(1) A corrections officer may use force under this part only if the\nofficer—\n(a) gives a clear warning of the intended use of force; and\n(b) allows enough time for the warning to be observed; and\n(c) uses no more force than is necessary and reasonable in the\n(d) uses force, as far as practicable, in a way that reduces the risk of\ncausing death or grievous bodily harm.\n(2) However, the corrections officer need not comply with\nsubsection (1) (a) or (b) if, in urgent circumstances, the officer\nbelieves, on reasonable grounds, that doing so would create a risk of\ninjury to the officer, the detainee or anyone else.\nExample of urgent circumstances\nthe detainee is assaulting someone or engaging in self-harm\n","sortOrder":148},{"sectionNumber":"140","sectionType":"section","heading":"Use of restraints or weapons","content":"140 Use of restraints or weapons\n(1) The use of force under this part includes the use of restraints and\nweapons.\n\nUse of force Part 9.7\n(2) The director-general must ensure, as far as practicable, that the use of\nforce involving a restraint or weapon is proportionate to the\ncircumstances, and in particular that—\n(a) the circumstances are sufficiently serious to justify the use; and\n(b) the kind of restraint or weapon is appropriate in the\n(c) the restraint or weapon is used appropriately in the\ncircumstances.\n(3) The director-general must also ensure that restraints and weapons are\nonly used under this part—\n(a) by corrections officers trained to use them; and\n(b) in accordance with a corrections policy or operating procedure\nthat applies to their use.\n(4) A health practitioner appointed under section 22 (Health\npractitioners—non-therapeutic functions) may administer a drug as a\nrestraint, or direct the use of another form of restraint, if the health\npractitioner believes, on reasonable grounds, that is necessary and\nreasonable—\n(a) to treat a detainee, particularly where the detainee’s behaviour\ncannot be controlled otherwise; or\n(b) to prevent a detainee inflicting self-harm, or harming someone\nelse, particularly where other forms of restraint are unlikely to\nbe effective; or\n(c) to prevent the escape of a detainee, particularly while being\ntransferred to or from a correctional centre or other place.\n(5) The director-general must ensure that firearms are not used under this\npart unless someone’s life is under threat or a detainee or other person\noffers armed resistance to a corrections officer or police officer\nexercising a function under this Act or another Act.\n\n(6) In applying force under this part, a corrections officer may use a\nrestraint or weapon, including any of the following:\n(a) body contact;\n(b) handcuffs, restraint jackets and other restraining devices;\n(c) riot control equipment;\n(d) a chemical agent;\n(e) a gas gun;\n(f) a firearm;\n(g) anything else prescribed by regulation.\n","sortOrder":149},{"sectionNumber":"141","sectionType":"section","heading":"Medical examination after use of force","content":"141 Medical examination after use of force\nThe director-general must ensure that a doctor appointed under\nsection 21 (Doctors—health service appointments) examines a\ndetainee injured by the use of force under this part as soon as\npracticable and that appropriate health care is available to the\n","sortOrder":150},{"sectionNumber":"142","sectionType":"section","heading":"Reporting use of force","content":"142 Reporting use of force\n(1) The director-general must keep a record of any incident involving the\nuse of force under this part that causes injury or death to anyone.\n(2) The record must—\n(a) include details of the incident, including the circumstances, the\ndecision to use force and the force used; and\n(b) be available for inspection under chapter 7 (Access to and\ninspection of correctional centres).\n(3) The director-general must give a copy of the record to the custodial\ninspector.\n\nAccess to correctional centres Part 9.8\n","sortOrder":151},{"sectionNumber":"143","sectionType":"section","heading":"Visiting conditions","content":"143 Visiting conditions\n(1) The director-general may declare conditions that apply in relation to\nvisits to a correctional centre.\nExamples of conditions declared\n1 the times and duration of visits\n2 the number of visitors allowed\n3 the conditions for conjugal, contact and non-contact visits\n4 the circumstances in which visitors may be monitored\n5 a prohibition on smoking in nonsmoking areas\n(2) A declaration is a disallowable instrument.\nfactors (see Legislation Act, s 48).\n","sortOrder":152},{"sectionNumber":"144","sectionType":"section","heading":"Notice of visiting conditions","content":"144 Notice of visiting conditions\n(1) The director-general must take reasonable steps to bring the visiting\nconditions to the attention of visitors at a correctional centre.\n(2) Without limiting subsection (1), the director-general must ensure\nthat—\n(a) a notice is prominently displayed at each entrance to the centre\nopen to visitors to the effect that visiting conditions apply at the\ncentre; and\n(b) a copy of the visiting conditions is available for inspection on\nrequest by visitors at the centre.\n","sortOrder":153},{"sectionNumber":"145","sectionType":"section","heading":"Taking prohibited things etc into correctional centre","content":"145 Taking prohibited things etc into correctional centre\n(1) A person commits an offence if the person—\n(a) takes or sends a prohibited thing into a correctional centre; or\n\n(b) gives or sends a prohibited thing to a detainee; or\n(c) removes a prohibited thing from a correctional centre.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\n(2) For subsection (1), send does not require personal carriage of the\nprohibited thing into the correctional centre or for a prohibited thing\nto be personally given to a detainee.\n1 a prohibited thing being dropped into a correctional centre by a drone or\nremotely piloted aircraft\n2 a prohibited thing being thrown into a correctional centre\n(3) Subsection (1) does not apply to any action approved by the\nprohibited thing includes something the person intends a detainee to\nuse for making a prohibited thing or use otherwise in relation to a\nprohibited thing.\n","sortOrder":154},{"sectionNumber":"146","sectionType":"section","heading":"Directions to visitors","content":"146 Directions to visitors\n(1) The director-general may, orally or in writing, give a direction to a\nvisitor at a correctional centre to do, or not do, something if the\ndirector-general believes, on reasonable grounds, that the direction is\nnecessary and reasonable—\n(a) to ensure compliance with the visiting conditions; or\n(b) for security or good order at a correctional centre.\n(2) A person commits an offence if the person fails to comply with a\ndirection given to the person under this section.\n\nAccess to correctional centres Part 9.8\n(3) An offence against this section is a strict liability offence.\n(4) Subsection (2) does not apply if the person takes reasonable steps to\ncomply with the direction.\n","sortOrder":155},{"sectionNumber":"147","sectionType":"section","heading":"Searches of visitors","content":"147 Searches of visitors\n(1) The director-general may direct a corrections officer to conduct a\nscanning search, frisk search or ordinary search of a visitor at a\ncorrectional centre if the director-general suspects, on reasonable\ngrounds, that the visitor is carrying—\n(a) a prohibited thing; or\n(b) anything else that creates, or is likely to create, a risk to—\n(i) the personal safety of anyone else; or\n(2) Part 9.4 (Searches) and part 9.5 (Seizing property) apply as if a\ndirection under this section, any scanning search, frisk search or\nordinary search conducted under the direction, and anything found in\nthe search, occurred under the relevant part in relation to a detainee\nat a correctional centre.\n(3) However, section 126 (Searches—use of force) does not apply in\nrelation to a search of a visitor at a correctional centre.\n","sortOrder":156},{"sectionNumber":"148","sectionType":"section","heading":"Directions to leave correctional centre etc","content":"148 Directions to leave correctional centre etc\n(1) The director-general may direct a person at a correctional centre—\n(a) not to enter the centre; or\n(b) if the person is already in the centre—to leave the centre.\n(2) The director-general may give the direction only if—\n(a) the director-general suspects, on reasonable grounds, that—\n(i) the person is intoxicated; or\n\n(ii) the person has possession of a prohibited thing; or\n(iii) the direction is necessary and reasonable for security or\ngood order at a correctional centre; or\n(b) the person contravenes a direction given to the person under\nsection 146.\n(3) A person commits an offence if the person fails to comply with a\ndirection given to the person under this section.\n(4) An offence against this section is a strict liability offence.\n(5) Subsection (3) does not apply if the person takes reasonable steps to\ncomply with the direction.\nintoxicated means under the influence of alcohol, a drug or another\nsubstance, or a combination of alcohol, drugs or substances.\nExamples of substances\n1 glue\n2 petrol\n3 another solvent\nprohibited thing—see section 145 (4).\n","sortOrder":157},{"sectionNumber":"149","sectionType":"section","heading":"Removing people from correctional centre","content":"149 Removing people from correctional centre\n(1) The director-general may direct a corrections officer to enforce a\ndirection under section 148 if the person given the direction\ncontravenes the direction.\n(2) The corrections officer may use force that is necessary and reasonable\nto enforce the direction.\n\n","sortOrder":158},{"sectionNumber":"150","sectionType":"section","heading":"Application—ch 10","content":"150 Application—ch 10\nThis chapter applies in relation to a disciplinary breach committed, or\nallegedly committed, by a detainee.\n","sortOrder":159},{"sectionNumber":"151","sectionType":"section","heading":"Definitions—discipline","content":"151 Definitions—discipline\naccused means a detainee charged with a disciplinary breach.\nadministrative penalty—see section 184.\ncharge means a disciplinary charge.\ncharge notice—see section 159.\ndisciplinary action—see section 183.\ndisciplinary breach—see section 152.\ndisciplinary charge means a charge under section 159.\nhearing, for an inquiry, means a hearing under part 11.3 (Disciplinary\nhearing procedures).\ninitial report—see section 156 (2) (e).\ninquiry means an inquiry to which chapter 11 (Disciplinary inquiries)\napplies.\ninvestigative segregation means segregation directed under any of\nthe following:\n(a) section 156 (Report etc by corrections officer);\n(b) section 158 (Action by presiding officer);\n\n(c) section 160 (Director-general directions—investigative\nsegregation).\ninvestigator—see section 153.\ninvestigator’s report—see section 157 (2) (b).\npresiding officer means a corrections officer to whom the\ndirector-general has given functions of a presiding officer under this\nAct.\nprivilege, in relation to a detainee—see section 154.\nseparate confinement, of a detainee, means confinement of the\ndetainee in a cell, away from other detainees.\n","sortOrder":160},{"sectionNumber":"152","sectionType":"section","heading":"Meaning of disciplinary breach","content":"152 Meaning of disciplinary breach\nFor a detainee, each of the following is a disciplinary breach:\n(a) contravening a direction given to the detainee by the\ndirector-general or a corrections officer under this Act or the\nCrimes (Sentence Administration) Act 2005;\nNote A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including any\nregulation (see Legislation Act, s 104).\n(b) being in a prohibited area, without the director-general’s\n(c) smoking in a nonsmoking area at a correctional centre;\n(d) taking (in any way) alcohol or a drug into the detainee’s body;\n(e) providing a positive test sample for alcohol or a drug when\ndirected, under this Act or the Crimes (Sentence Administration)\nAct 2005, to provide a test sample;\n(f) making, possessing, concealing, knowingly consuming or\ndealing with a prohibited thing, without the director-general’s\n\n(g) gambling;\n(h) being disrespectful or abusive towards a corrections officer in a\nway that undermines the officer’s authority;\n(i) being disrespectful or abusive towards someone in a way that is\nlikely to provoke a person to be violent;\n(j) intentionally or recklessly engaging in conduct that endangers,\nor may endanger, the health or safety of the detainee or anyone\nelse;\n(k) fighting;\n(l) assaulting someone else;\n(m) theft;\n(n) possessing stolen property;\n(o) possessing or dealing in things without the director-general’s\n(p) intentionally or recklessly damaging or destroying property\nbelonging to someone else;\n(q) interfering with property belonging to someone else, without\napproval by the owner of the property;\n(r) interfering with anyone’s personal monitoring device without\nthe director-general’s approval;\n(s) creating or participating in a disturbance, or other activity, likely\nto endanger security or good order at a correctional centre;\n(t) contravening a condition of any of the following:\n(i) a direction under section 204 (Local leave directions);\n(ii) a local leave permit;\n(iii) an interstate leave permit;\n\n(u) doing anything for the purpose of escaping, or assisting a\ndetainee to escape, from detention;\n(v) offering, giving or taking a bribe;\n(w) attempting, or assisting anyone else attempting, to commit\nanother disciplinary breach;\n(x) threatening to do anything mentioned in paragraphs (j), (k), (l),\n(p) or (s);\n(y) anything else prescribed by regulation.\nExamples of contravening director-general directions—par (a)\nfailing to comply with a direction by the director-general to provide a test\nsample or submit to a search under this Act\n","sortOrder":161},{"sectionNumber":"153","sectionType":"section","heading":"Meaning of investigator","content":"153 Meaning of investigator\n(1) An investigator is—\n(a) a corrections officer to whom the director-general has given\nfunctions of an investigator; or\n(b) a person engaged under subsection (2).\n(2) The director-general may, on behalf of the Territory, engage a person\n(other than a corrections officer) to exercise the functions of an\ninvestigator.\n(3) The director-general may engage a person under subsection (2) only\nif satisfied the person has appropriate qualifications or experience to\nexercise the functions of an investigator.\n\n","sortOrder":162},{"sectionNumber":"154","sectionType":"section","heading":"Meaning of privilege","content":"154 Meaning of privilege\nA privilege, in relation to a detainee—\n(a) is any amenity, facility or opportunity the detainee may have the\nbenefit of in detention; but\n(b) does not include anything that is, for this chapter, an entitlement\nfor the detainee.\nExamples of privileges\n1 using common areas at a correctional centre for mixing with other detainees\n2 participating in activities other than those forming part of a detainee’s case\nmanagement plan\n3 using phones, email or the internet other than for entitled usage\n4 buying non-essential goods from money held in trust for a detainee\n5 using a radio, television, CD or DVD player or other electronic equipment for\nrecreational purposes\n6 pursuing hobbies and crafts\n7 keeping personal property in a cell\nExamples of entitlements\nthings expressed in chapter 6 (Living conditions at correctional centres) to be\nentitlements for detainees\n","sortOrder":163},{"sectionNumber":"155","sectionType":"section","heading":"Overlapping disciplinary breaches and criminal offences","content":"155 Overlapping disciplinary breaches and criminal offences\n(1) This section applies if a detainee engages, or is alleged to have\nengaged, in conduct that is both—\n(a) a disciplinary breach; and\n(b) an offence (a criminal offence) against a territory law, including\n(2) The detainee must not be prosecuted for the criminal offence if an\nadministrative penalty has been imposed on the detainee because of\nthe disciplinary breach.\n\n(3) A disciplinary charge for the disciplinary breach must not be started,\nor further dealt with, under this chapter if a prosecution for the\ncriminal offence has been started in a court.\n(4) Disciplinary action for the disciplinary breach must not be taken\nagainst the detainee if the detainee has been convicted or found guilty\nof the criminal offence by a court.\nNote For the kinds of disciplinary action that may be taken, see s 183.\n\nInvestigation of disciplinary breaches Division 10.2.1\n","sortOrder":164},{"sectionNumber":"156","sectionType":"section","heading":"Report etc by corrections officer","content":"156 Report etc by corrections officer\n(1) This section applies if a corrections officer believes, on reasonable\ngrounds, that a detainee has committed a disciplinary breach.\n(2) The corrections officer may do 1 or more of the following if the\nofficer believes, on reasonable grounds, that it is appropriate in the\ncircumstances:\n(a) counsel the detainee;\n(b) warn the detainee about committing a disciplinary breach;\n(c) reprimand the detainee;\n(d) subject to section 161 (Grounds for investigative segregation),\ndirect that the detainee be segregated from other detainees for\nthe purposes of this part;\n(e) give a presiding officer a report (an initial report) about the\nalleged disciplinary breach.\n(3) A report under subsection (2) (e) must be given to the presiding\nofficer as soon as possible, and must set out the following:\n(a) details of the alleged disciplinary breach;\n(b) the officer’s reasons for believing the detainee has committed\nthe disciplinary breach;\n(c) if subsection (2) (d) applies—\n(i) details of the segregation directed; and\n(ii) the officer’s reasons for the direction; and\n(iii) a recommendation about the detainee’s segregation;\n\n(d) anything else prescribed by regulation.\n","sortOrder":165},{"sectionNumber":"157","sectionType":"section","heading":"Investigation by investigator","content":"157 Investigation by investigator\n(1) After being given an initial report about an alleged disciplinary\nbreach by a detainee, the presiding officer may, if the presiding\nofficer believes on reasonable grounds it is appropriate, refer the\nreport to an investigator.\n(2) The investigator must—\n(a) consider the initial report and investigate the alleged disciplinary\nbreach by the detainee; and\n(b) give the presiding officer a report (an investigator’s report)\nabout the alleged disciplinary breach.\n(3) The report must include the following:\n(a) a copy of the initial report;\n(b) a recommendation for any action by the presiding officer under\nsection 158 (2);\n(c) the investigator’s reasons for the recommendation;\n(d) anything else prescribed by regulation.\n(4) The report may include any other information the investigator\nconsiders is relevant in relation to the alleged disciplinary breach.\n(5) The corrections officer who made the initial report about the alleged\ndisciplinary breach by the detainee must not exercise any function of\nan investigator in relation to the breach.\n","sortOrder":166},{"sectionNumber":"158","sectionType":"section","heading":"Action by presiding officer","content":"158 Action by presiding officer\n(1) This section applies if a presiding officer is given—\n(a) an initial report about an alleged disciplinary breach by a\ndetainee; or\n\nInvestigation of disciplinary breaches Division 10.2.1\n(b) an investigator’s report about an alleged disciplinary breach by\na detainee.\n(2) After considering the report and making any further investigation the\npresiding officer considers appropriate, the presiding officer may, if\nthe presiding officer believes on reasonable grounds it is appropriate,\ndo 1 or more of the following:\n(a) take no further action in relation to the initial report;\n(b) counsel the detainee;\n(c) warn the detainee about committing a disciplinary breach;\n(d) reprimand the detainee;\n(e) refer the allegation to—\n(i) the chief police officer; or\n(ii) the director of public prosecutions;\n(f) charge the detainee under section 159 (Disciplinary charge);\n(g) subject to section 161 (Grounds for investigative segregation),\ndirect that the detainee be segregated from other detainees for\nthis part;\n(h) anything else prescribed by regulation.\n(3) A referral under subsection (2) (e) must be in writing and be\naccompanied by a report by the presiding officer.\n(4) The corrections officer who made the initial report or investigator’s\nreport about the alleged disciplinary breach by the detainee must not\nexercise any function of a presiding officer under this division in\nrelation to the breach.\n\n","sortOrder":167},{"sectionNumber":"159","sectionType":"section","heading":"Disciplinary charge","content":"159 Disciplinary charge\nTo charge a detainee with a disciplinary breach, the presiding officer\nmust give the detainee written notice of the charge (a charge notice),\nincluding details of the following:\n(a) the disciplinary breach charged;\n(b) a brief statement of the conduct to which the charge applies and\nwhen, or the period during which, it happened or is alleged to\nhave happened;\n(c) the option of having the charge dealt with by consent under\ndivision 10.3.1 (Disciplinary action—with accused’s consent);\n(d) the election available under section 167 (Disciplinary breach\nadmitted by accused) to accept the disciplinary action proposed\nby the presiding officer;\n(e) the disciplinary action the presiding officer believes, on\nreasonable grounds, would be appropriate if the charge were\ndealt with under section 168 (Presiding officer’s powers—\nbreach admitted by accused).\n","sortOrder":168},{"sectionNumber":"160","sectionType":"section","heading":"Director-general directions—investigative segregation","content":"160 Director-general directions—investigative segregation\n(1) Subject to section 161, the director-general may direct that a detainee\nbe segregated from other detainees for the purposes of this part.\n(2) To remove any doubt, this section is additional to, and does not limit,\nthe power to direct that a detainee be segregated from other detainees\nunder either of the following:\n(a) section 156 (Report etc by corrections officer);\n(b) section 158 (Action by presiding officer).\n\nInvestigative segregation Division 10.2.2\n","sortOrder":169},{"sectionNumber":"161","sectionType":"section","heading":"Grounds for investigative segregation","content":"161 Grounds for investigative segregation\n(1) This section applies to a direction for investigative segregation.\n(2) The direction may be given only if the person giving the direction\nbelieves, on reasonable grounds, that segregation of the detainee is\nnecessary or prudent for the purposes of this part.\n(3) Without limiting subsection (2), the direction may be given if the\nperson giving the direction believes, on reasonable grounds, that the\nopportunity for the detainee to associate with anyone else creates, or\nis likely to create, a risk of—\n(a) harm, or threatened harm, to the detainee or anyone else; or\n(b) the perverting, or attempted perverting, of an investigation,\nunder this part; or\n(c) undermining security or good order at a correctional centre.\n","sortOrder":170},{"sectionNumber":"162","sectionType":"section","heading":"Notice of investigative segregation","content":"162 Notice of investigative segregation\nThe person giving a direction for investigative segregation of a\ndetainee must give the detainee prompt notice of the direction, why it\nwas given, when it takes effect and the provisions for its duration and\nreview under this part.\n","sortOrder":171},{"sectionNumber":"163","sectionType":"section","heading":"Duration of investigative segregation","content":"163 Duration of investigative segregation\n(1) The director-general must revoke a direction for investigative\nsegregation if the director-general believes, on reasonable grounds,\nthat the direction is no longer necessary or prudent.\n(2) The director-general—\n(a) may review a direction for investigative segregation of a\ndetainee at any time on the director-general’s own initiative or\non request by the detainee; and\n\n(c) must review the direction at least once every 7 days while it\n(3) After reviewing a direction for investigative segregation, the\ndirector-general may—\n(b) make a direction or further direction under section 160 (1); or\n(c) revoke the direction under subsection (1).\n(4) To remove any doubt, the director-general may make more than\n1 direction under section 160 (1) in relation to a detainee for the same\ninvestigation.\n(5) Subject to this section and section 94 (Segregated detainees removed\nto NSW), a direction, or further direction, for investigative\nsegregation ends at the end of the earlier of the following days:\n(a) the 7th day after the day the direction is given;\n(b) the day a presiding officer makes a decision under section 158\n(Action by presiding officer) in relation to the alleged\ndisciplinary breach to which the direction applies (other than a\ndecision to direct investigative segregation of the detainee).\n","sortOrder":172},{"sectionNumber":"164","sectionType":"section","heading":"Application for review of investigative segregation","content":"164 Application for review of investigative segregation\ndirections\n(1) A detainee may apply to an adjudicator for a review of a direction for\ninvestigative segregation of the detainee.\n\nInvestigative segregation Division 10.2.2\nperson making the direction gives the detainee notice under\nsection 162 of the direction.\n(3) Subject to any decision by the adjudicator under section 165, the\nmaking of the application does not affect the segregation of the\ndetainee under the direction.\n","sortOrder":173},{"sectionNumber":"165","sectionType":"section","heading":"Review of investigative segregation directions","content":"165 Review of investigative segregation directions\n(1) On application under section 164, an adjudicator may—\n(a) conduct an inquiry to review the direction for investigative\nsegregation of the detainee; or\n(b) refuse to review the direction.\n(2) Chapter 11 (Disciplinary inquiries) applies to the inquiry, with any\nchanges prescribed by regulation, as if it were an inquiry under that\nchapter.\n(3) After completing an inquiry under this section, the adjudicator may—\n(a) confirm the direction under review; or\n(b) amend the direction under review; or\n(c) set aside the direction under review; or\n(d) set aside the direction under review and make a substitute\ndirection that the detainee be segregated from other detainees\nfor the purposes of this part.\n(4) The adjudicator must give the detainee prompt written notice of the\nadjudicator’s decision under this section.\n\n(5) If the adjudicator refuses to review the direction, the notice must\ninclude the reasons for the refusal.\nNote 1 Under the Administrative Decisions (Judicial Review) Act 1989, a person\norder of the court, the making of the application does not affect the\noperation of the decision or prevent its implementation (see that\nAct, s 16).\nNote 2 For what must be included in a statement of reasons, see the Legislation\n\nDisciplinary action—with accused’s consent Division 10.3.1\n","sortOrder":174},{"sectionNumber":"Div 10","sectionType":"division","heading":"3.1 Disciplinary action—with accused’s","content":"Division 10.3.1 Disciplinary action—with accused’s\nconsent\n","sortOrder":175},{"sectionNumber":"167","sectionType":"section","heading":"Disciplinary breach admitted by accused","content":"167 Disciplinary breach admitted by accused\n(1) An accused may elect to have a disciplinary charge against the\ndetainee dealt with under this division by giving a presiding officer a\nwritten notice in which the accused—\n(a) admits the disciplinary breach charged; and\n(b) accepts the proposed disciplinary action stated in the charge\nnotice.\nExample of election\na signed admission and acceptance on the charge notice\n(2) The election must be given to the presiding officer—\n(a) no later than the day after the day the presiding officer gives the\naccused the charge notice; or\n(b) within any extended period allowed under subsection (3).\n(3) For subsection (2) (b), the presiding officer may extend the period\nwithin which the election must be made if the presiding officer\nbelieves, on reasonable grounds, that is appropriate.\nNote An extension of the time for making an election may be given even\nthough the relevant time has ended (see Legislation Act, s 151C (Power\nto extend time)).\n(4) The presiding officer must give the accused written notice of a\ndecision under subsection (3).\n\n","sortOrder":176},{"sectionNumber":"168","sectionType":"section","heading":"Presiding officer’s powers—breach admitted by accused","content":"168 Presiding officer’s powers—breach admitted by accused\n(1) This section applies if the accused elects under section 167 to have a\ndisciplinary charge dealt with under this division.\n(2) A presiding officer may, without further investigation or inquiry,\ncounsel the accused and take disciplinary action against the accused\nin accordance with division 10.3.5 (Disciplinary action).\n(3) However, the only disciplinary action the presiding officer may take\nunder this section is the disciplinary action stated as the appropriate\naction in the charge notice.\n(4) The presiding officer must give the accused written notice of a\ndecision made under this section.\n","sortOrder":177},{"sectionNumber":"170","sectionType":"section","heading":"Disciplinary inquiry into charge","content":"170 Disciplinary inquiry into charge\n(1) This section applies if an accused—\n(a) is given a charge notice; and\n(b) does not elect under section 167 to have the charge dealt with\nunder division 10.3.1 (Disciplinary action—with accused’s\nconsent).\n(2) A presiding officer must conduct an inquiry into the disciplinary\nbreach charged.\n(3) A corrections officer must not exercise any function of a presiding\nofficer under this division in relation to the disciplinary charge if the\nofficer—\n(a) made a report under either of the following sections in relation\nto the alleged disciplinary breach to which the charge relates:\n(i) section 156 (Report etc by corrections officer);\n(ii) section 157 (Investigation by investigator); or\n\nInternal disciplinary inquiry Division 10.3.2\n(b) made the charge under section 158 (Action by presiding officer).\n","sortOrder":178},{"sectionNumber":"171","sectionType":"section","heading":"Presiding officer’s powers after internal inquiry","content":"171 Presiding officer’s powers after internal inquiry\n(1) This section applies if a presiding officer has completed an inquiry\nunder section 170.\n(2) If the presiding officer is satisfied, on the balance of probabilities, that\na disciplinary breach charged has been proven, the presiding officer\nmay take disciplinary action against the accused in accordance with\ndivision 10.3.5 (Disciplinary action).\n(3) The presiding officer must dismiss the charge—\n(a) if not satisfied, on the balance of probabilities, that the\ndisciplinary breach charged has been proven; or\n(b) if satisfied, on reasonable grounds, that it would otherwise be\nappropriate to do so.\n(4) If the presiding officer believes, on reasonable grounds, that it is\nnecessary or desirable to do so, the presiding officer may refer the\ncharge to—\n(a) the chief police officer; or\n(b) the director of public prosecutions.\n(5) The presiding officer must give the accused prompt written notice of\nthe presiding officer’s decision under this section, including—\n(b) a statement about the effect of division 10.3.3.\nNote For what must be included in a statement of reasons, see the Legislation\n(6) The presiding officer must give the director-general a copy of the\nnotice under subsection (5).\n\n(7) A referral under subsection (4) must be in writing and be\naccompanied by a report by the presiding officer.\n","sortOrder":179},{"sectionNumber":"173","sectionType":"section","heading":"Application for review of inquiry decision","content":"173 Application for review of inquiry decision\n(1) An accused may apply to the director-general for a review of a\ndecision by a presiding officer under section 171 in relation to the\naccused.\nExample of application for review\na signed application on the presiding officer’s notice under section 171\naccused is given notice of the decision under section 171.\n(3) Subject to any decision by the director-general under section 176, the\nmaking of the application does not affect the taking of disciplinary\naction under the decision under review.\n","sortOrder":180},{"sectionNumber":"175","sectionType":"section","heading":"Review of inquiry decision","content":"175 Review of inquiry decision\n(1) On application under section 173, the director-general must conduct\na further inquiry to review the decision to which the application\nrelates.\n(2) The director-general may, on the director-general’s own initiative,\nconduct a further inquiry to review the decision to which the notice\nunder section 171 (5) relates.\n","sortOrder":181},{"sectionNumber":"176","sectionType":"section","heading":"Director-general’s powers after further inquiry","content":"176 Director-general’s powers after further inquiry\n(1) After completing a review under section 175, the director-general\nmay—\n(a) confirm the decision under review; or\n\nExternal review of inquiry decisions Division 10.3.4\n(b) exercise any function of a presiding officer under section 171 in\nrelation to the accused, either by—\n(i) amending the decision under review; or\n(ii) setting aside the decision under review and making a\ndecision in substitution for the decision set aside.\n(2) The director-general must give the accused prompt written notice of\nthe director-general’s decision under this section, including—\n(b) a statement about the effect of division 10.3.4.\nNote For what must be included in a statement of reasons, see the Legislation\n","sortOrder":182},{"sectionNumber":"177","sectionType":"section","heading":"Appointment of adjudicator","content":"177 Appointment of adjudicator\n(1) The Minister may appoint at least 1 adjudicator.\nNote For the making of appointments (including acting appointments), see the\n(2) A person may be appointed as an adjudicator only if the person is\njudicially qualified and consents, in writing, to be appointed as an\nadjudicator.\nNote The appointment of a magistrate to another position under a law of the\nTerritory requires consultation between the Attorney-General and the\nChief Magistrate (see the Magistrates Court Act 1930, s 7G (Magistrates\nnot to do other work)).\n(3) The Legislation Act, division 19.3.3 (Appointments—Assembly\nconsultation) does not apply to an appointment of an adjudicator\nunder subsection (1).\n(4) For this section, each of the following are judicially qualified:\n(a) a judge or retired judge;\n\n(b) a magistrate or retired magistrate;\n(c) a person who has been a legal practitioner for not less than\n5 years.\n","sortOrder":183},{"sectionNumber":"178","sectionType":"section","heading":"Application for review by adjudicator","content":"178 Application for review by adjudicator\n(1) An accused may apply to an adjudicator for a review of a decision\nunder section 176 (Director-general’s powers after further inquiry) in\nrelation to the accused.\nExample of application for review\na signed application on the review officer’s notice under section 176\naccused is given notice of the director-general’s decision under\nsection 176.\n(3) Subject to any decision by the adjudicator under section 180, the\nmaking of the application does not affect the taking of disciplinary\naction under the decision under review.\n","sortOrder":184},{"sectionNumber":"179","sectionType":"section","heading":"Review by adjudicator","content":"179 Review by adjudicator\n(1) On application under section 178, an adjudicator may—\n(a) conduct an inquiry to review the director-general’s decision; or\n(b) refuse to review the director-general’s decision.\n(2) If the adjudicator refuses to review the director-general’s decision,\nthe adjudicator must give the accused prompt written notice of the\nrefusal, including—\n(a) a statement of the reasons for the refusal; and\n\nExternal review of inquiry decisions Division 10.3.4\n(b) notice that a person aggrieved by the decision may apply for a\nreview of the decision under the Administrative Decisions\n(Judicial Review) Act 1989.\nNote 1 For what must be included in a statement of reasons, see the Legislation\nNote 2 Under the Administrative Decisions (Judicial Review) Act 1989, a person\norder of the Court, the making of the application does not affect the\n","sortOrder":185},{"sectionNumber":"180","sectionType":"section","heading":"Adjudicator’s powers after review","content":"180 Adjudicator’s powers after review\n(1) After completing a review under section 179, the adjudicator may—\n(a) confirm the decision under review; or\n(b) exercise any function of the director-general under section 176\nin relation to the accused, either by—\n(i) amending the decision under review; or\n(ii) setting aside the decision under review and making a\ndecision in substitution for the decision set aside.\n(2) The adjudicator must give the accused prompt written notice of the\nadjudicator’s decision under this section, including—\n\n(b) notice that a person aggrieved by the decision may apply for a\nreview of the decision under the Administrative Decisions\n(Judicial Review) Act 1989.\nNote 1 For what must be included in a statement of reasons, see the Legislation\nNote 2 Under the Administrative Decisions (Judicial Review) Act 1989, a person\norder of the Court, the making of the application does not affect the\n","sortOrder":186},{"sectionNumber":"181","sectionType":"section","heading":"Application—div 10.3.5","content":"181 Application—div 10.3.5\nThis division applies to a detainee against whom disciplinary action\nmay be taken under this chapter.\n","sortOrder":187},{"sectionNumber":"182","sectionType":"section","heading":"Meaning of relevant presiding officer—div 10.3.5","content":"182 Meaning of relevant presiding officer—div 10.3.5\nIn this division:\nrelevant presiding officer means any of the following:\n(a) a presiding officer under division 10.3.1 (Disciplinary action—\nwith accused’s consent);\n(b) a presiding officer under division 10.3.2 (Internal disciplinary\ninquiry);\n(c) the director-general under division 10.3.3 (Internal review of\ninquiry decision);\n(d) an adjudicator under division 10.3.4 (External review of inquiry\ndecisions).\n\nDisciplinary action Division 10.3.5\n","sortOrder":188},{"sectionNumber":"183","sectionType":"section","heading":"Disciplinary action by relevant presiding officer","content":"183 Disciplinary action by relevant presiding officer\n(1) As disciplinary action against a detainee, a relevant presiding officer\nmay do 1 or more of the following (each of which is disciplinary\naction):\n(a) warn the detainee about committing a disciplinary breach;\n(b) reprimand the detainee;\n(c) impose an administrative penalty, or a combination of\nadministrative penalties, on the detainee;\n(d) give the detainee a direction under section 185 (Reparation).\n(2) The relevant presiding officer must ensure that the disciplinary action\nagainst a detainee for a disciplinary breach is proportionate to the\nbreach.\n(3) Without limiting section 14 (Corrections policies and operating\nprocedures), the director-general must make a corrections policy and\noperating procedure providing for matters to be considered when\ndeciding whether disciplinary action is proportionate to a disciplinary\nbreach.\n","sortOrder":189},{"sectionNumber":"184","sectionType":"section","heading":"Administrative penalties","content":"184 Administrative penalties\nEach of the following is an administrative penalty:\n(a) a financial penalty not exceeding $500;\n(b) a withdrawal of privileges for not longer than 180 days;\n(c) a requirement to perform extra work;\n(d) separate confinement for 1 of the following:\n(i) 3 days;\n(ii) 7 days;\n(iii) 28 days;\n\n(e) anything declared by regulation to be an administrative penalty.\n","sortOrder":190},{"sectionNumber":"185","sectionType":"section","heading":"Reparation","content":"185 Reparation\n(1) This section applies if a relevant presiding officer finds that—\n(a) a charge for a disciplinary breach by a detainee is proven; and\n(b) a person (the injured person) suffered loss as a direct result of\nthe breach.\n(2) The relevant presiding officer may direct the detainee to make\nreparation for the injured person’s loss by payment of an amount or\notherwise.\n(3) An amount directed to be paid must not exceed—\n(a) $100; or\n(b) if a higher amount is prescribed by regulation—the prescribed\namount.\n(4) An amount payable under a direction is payable out of any money\nheld by the director-general for the detainee.\nloss—\n(a) see the Criminal Code, section 300; and\n(b) includes out-of-pocket or other expense incurred.\n","sortOrder":191},{"sectionNumber":"186","sectionType":"section","heading":"Maximum administrative penalties","content":"186 Maximum administrative penalties\n(a) a detainee is charged with 2 or more disciplinary breaches; and\n(b) the charges arise out of the same conduct.\n\nDisciplinary action Division 10.3.5\n(2) The total of the administrative penalties imposed for the breaches\nmust not, for any particular kind of penalty, be more than the\nmaximum penalty that may be imposed for any 1 of those breaches.\n","sortOrder":192},{"sectionNumber":"187","sectionType":"section","heading":"Separate confinement conditions","content":"187 Separate confinement conditions\n(1) This section applies if separate confinement is imposed on a detainee\nas an administrative penalty for a disciplinary breach.\n(2) The director-general must ensure that—\n(a) a doctor appointed under section 21 (Doctors—health service\nappointments) examines the detainee as soon as practicable after\nthe separate confinement starts and ends; and\n(b) a corrections officer monitors the detainee’s condition in\nseparate confinement at least daily.\n","sortOrder":193},{"sectionNumber":"188","sectionType":"section","heading":"Privileges and entitlements—impact of discipline","content":"188 Privileges and entitlements—impact of discipline\nTo remove any doubt—\n(a) anything expressed in chapter 6 (Living conditions at\ncorrectional centres) to be an entitlement for this chapter is not\naffected by anything that happens under this chapter,\nincluding—\n(i) investigative segregation; and\n(ii) disciplinary action; and\n(b) anything else mentioned in chapter 6 is, for this chapter, a\nprivilege.\n","sortOrder":194},{"sectionNumber":"189","sectionType":"section","heading":"Record of disciplinary action","content":"189 Record of disciplinary action\n(1) The director-general must keep a record of any disciplinary action\ntaken against a detainee.\n(2) The record must include details of the following:\n(a) the detainee’s name;\n\n(b) the disciplinary breach;\n(c) a brief statement of the conduct to which the disciplinary breach\napplies and when, or the period during which, it happened;\n(d) the disciplinary action taken against the detainee;\n(e) anything else prescribed by regulation.\n(3) The record must also include details of any finding by a relevant\npresiding officer that a disciplinary breach is proven against the\ndetainee if the relevant presiding officer decides not to take\ndisciplinary action against the detainee.\n(4) The record must be available for inspection under chapter 7 (Access\n\nConduct of disciplinary inquiries—general Part 11.1\n","sortOrder":195},{"sectionNumber":"Part 11","sectionType":"part","heading":"1 Conduct of disciplinary","content":"Part 11.1 Conduct of disciplinary\ninquiries—general\n","sortOrder":196},{"sectionNumber":"190","sectionType":"section","heading":"Application—ch 11","content":"190 Application—ch 11\nThis chapter applies to an inquiry under any of the following:\n(a) division 10.3.2 (Internal disciplinary inquiry);\n(b) division 10.3.3 (Internal review of inquiry decision);\n(c) division 10.3.4 (External review of inquiry decisions).\n","sortOrder":197},{"sectionNumber":"191","sectionType":"section","heading":"Meaning of presiding officer—ch 11","content":"191 Meaning of presiding officer—ch 11\nIn this chapter:\npresiding officer, for an inquiry, means the relevant presiding officer\nunder division 10.3.5 (Disciplinary action) for the inquiry.\n\n","sortOrder":198},{"sectionNumber":"192","sectionType":"section","heading":"Nature of disciplinary inquiries","content":"192 Nature of disciplinary inquiries\n(1) To remove any doubt, an inquiry is an administrative process.\n(2) At an inquiry—\n(a) the rules of natural justice apply; and\n(b) the laws of evidence do not apply; and\n(c) evidence must not be given on oath or by affidavit; and\n(d) the question whether a detainee has committed a disciplinary\nbreach must be decided on the balance of probabilities.\n","sortOrder":199},{"sectionNumber":"193","sectionType":"section","heading":"Application of Criminal Code, ch 7","content":"193 Application of Criminal Code, ch 7\nTo remove any doubt, an inquiry is not a legal proceeding for the\nCriminal Code, chapter 7 (Administration of justice offences).\nNote That chapter includes offences (eg perjury, falsifying evidence, failing to\nattend and refusing to be sworn) applying in relation to an inquiry.\n","sortOrder":200},{"sectionNumber":"194","sectionType":"section","heading":"Notice of disciplinary inquiry etc","content":"194 Notice of disciplinary inquiry etc\n(1) The presiding officer for an inquiry in relation to an accused must\ngive the accused written notice of the inquiry.\n(2) The notice must include the following:\n(a) a statement about where and when the inquiry is to start;\n(b) details of the disciplinary charge or disciplinary action to which\nthe inquiry relates;\n(c) the closing date for the accused to give the presiding officer\nsubmissions to the inquiry;\n(d) a statement about the effect of section 192 (Nature of\ndisciplinary inquiries);\n\nDisciplinary inquiry procedures Part 11.2\n(e) a statement about the effect of subsections (3) and (4);\n(f) a statement to the effect that the presiding officer may hold a\nhearing for the inquiry in accordance with part 11.3\n(Disciplinary hearing procedures).\n(3) The accused may make submissions to the presiding officer for the\ninquiry in any form acceptable to the presiding officer.\nExample of acceptable form\nan audio recording or a document written for a detainee\n(4) The presiding officer must consider any submission given to the\npresiding officer by the accused before the closing date for\nsubmissions stated in the notice of the inquiry given to the accused.\n","sortOrder":201},{"sectionNumber":"195","sectionType":"section","heading":"Conduct of disciplinary inquiries","content":"195 Conduct of disciplinary inquiries\n(1) An inquiry must be conducted with as little formality and technicality,\nand as quickly as the requirements of this Act and a proper\nconsideration of the charge allow.\n(2) The presiding officer at an inquiry may hold a hearing for the inquiry.\n(3) A hearing for an inquiry must be held in accordance with part 11.3.\n(4) Proceedings at an inquiry are not open to the public, unless the\npresiding officer decides otherwise in a particular case.\n(5) A decision of the presiding officer at an inquiry is not invalid only\nbecause of any informality or lack of form.\n","sortOrder":202},{"sectionNumber":"196","sectionType":"section","heading":"Presiding officer may require official reports","content":"196 Presiding officer may require official reports\n(1) For an inquiry, the presiding officer may, by written notice given to\nany of the following, require the person to give the presiding officer\na written report about the accused:\n(a) the director-general;\n\n(b) if the accused has been detained at a NSW correctional centre—\nthe commissioner of corrective services under the Crimes\n(Administration of Sentences) Act 1999 (NSW);\n(c) the director of public prosecutions;\n(d) a corrections officer;\n(e) a public servant.\n(2) The person given the notice must comply with it.\n","sortOrder":203},{"sectionNumber":"197","sectionType":"section","heading":"Presiding officer may require information and documents","content":"197 Presiding officer may require information and documents\n(1) For an inquiry, the presiding officer may, by written notice given to a\nperson, require the person—\n(a) to provide stated information to the presiding officer relevant to\nthe inquiry; or\n(b) to produce to the presiding officer a stated document or thing\nrelevant to the inquiry.\n(2) This section does not require a person to give information, or produce\na document or other thing, to the presiding officer if the Minister\ncertifies in writing that giving the information, or producing the\ndocument or other thing—\n(a) may endanger a detainee or anyone else; or\n(b) is contrary to the public interest.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n\nDisciplinary inquiry procedures Part 11.2\n","sortOrder":204},{"sectionNumber":"198","sectionType":"section","heading":"Possession of inquiry documents etc","content":"198 Possession of inquiry documents etc\nThe presiding officer may have possession of a document or other\nthing produced to the presiding officer for an inquiry for as long as\nthe presiding officer considers necessary for the inquiry.\n","sortOrder":205},{"sectionNumber":"199","sectionType":"section","heading":"Record of inquiry","content":"199 Record of inquiry\nThe presiding officer for an inquiry must keep a written record of\nproceedings at the inquiry.\n\n","sortOrder":206},{"sectionNumber":"200","sectionType":"section","heading":"Notice of disciplinary hearing","content":"200 Notice of disciplinary hearing\n(1) The presiding officer for an inquiry must give written notice of a\nhearing for the inquiry to each of the following:\n(a) the accused to whom the inquiry relates;\n(b) the director-general.\n(2) The notice must include the following:\n(a) a statement about where and when the hearing is to be held;\n(b) a statement about the accused’s entitlements under section 201\nand section 202.\n(3) To remove any doubt, the hearing may be held at the correctional\ncentre where the accused is detained.\n","sortOrder":207},{"sectionNumber":"201","sectionType":"section","heading":"Appearance at disciplinary hearing","content":"201 Appearance at disciplinary hearing\n(1) The accused is entitled to be present at a hearing for an inquiry in\nrelation to the accused.\n(2) For the hearing, the presiding officer may, by written notice given to\nthe accused or anyone else, require the person to appear before the\npresiding officer, at a stated time and place, to do either or both of the\n(a) answer questions;\n(b) produce a stated document or other thing relevant to the inquiry.\n(3) A person is taken to have complied with a notice under\nsubsection (2) (b) if the person gives the document or thing to the\npresiding officer before the time stated in the notice for its production.\n\nDisciplinary hearing procedures Part 11.3\n(4) The presiding officer at a hearing for an inquiry may require the\naccused, or a witness, appearing before the presiding officer to do 1 or\nmore of the following:\n(a) answer a question relevant to the inquiry;\n(b) produce a document or other thing relevant to the inquiry.\n(5) The presiding officer at the hearing may disallow a question put to a\nperson if the presiding member considers the question—\n(a) is unfair, unduly prejudicial or vexatious; or\n(b) involves an abuse of the inquiry process.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(6) The presiding officer may allow a corrections officer or anyone else\nto be present, and to be heard, at a disciplinary hearing.\n","sortOrder":208},{"sectionNumber":"202","sectionType":"section","heading":"Rights of accused at disciplinary hearing","content":"202 Rights of accused at disciplinary hearing\n(1) An accused who appears at a hearing for an inquiry in relation to the\naccused—\n(a) is entitled to be heard, to examine and cross-examine witnesses,\nand to make submissions for the inquiry; and\n(b) is not entitled to be represented by a lawyer or anyone else,\nwithout the presiding officer’s consent.\n(2) In deciding whether to grant leave for legal representation, the\npresiding officer must have regard to the following:\n(a) the seriousness of the disciplinary breach charged;\n(b) the administrative penalty likely to be imposed for the\ndisciplinary breach charged;\n(c) the likely procedural complexities;\n(d) the accused’s capacity for selfrepresentation;\n\n(e) the need for a fair and prompt resolution of the charge.\nExample—par (c)\nthe extent of cross-examination that might be required\n(3) However, the presiding officer may, by written order, exclude the\naccused from a hearing for the inquiry if the accused—\n(a) unreasonably interrupts, interferes with or obstructs the hearing;\nor\n(b) contravenes a reasonable direction by the presiding officer about\nthe conduct of the hearing.\n(4) If the accused fails to attend a hearing for the inquiry, the presiding\nofficer may conduct the hearing, and make a decision on the charge,\nin the accused’s absence.\n","sortOrder":209},{"sectionNumber":"203","sectionType":"section","heading":"Appearance at disciplinary hearing—audiovisual or audio","content":"203 Appearance at disciplinary hearing—audiovisual or audio\nlink\n(1) This section applies if, in relation to a hearing for an inquiry, or part\nof the hearing, the presiding officer has given a direction under either\nof the following sections of the Evidence (Miscellaneous Provisions)\nAct 1991:\n(a) section 20 (1) (Territory courts may take evidence and\nsubmissions from participating States);\n(b) section 32 (1) (Territory courts may take evidence and\nsubmissions from another place).\n(2) A person may appear and take part in the hearing in accordance with\nthe direction, if the person—\n(a) is required or entitled to appear personally, whether as the\naccused or as a witness; or\n(b) is entitled to appear for someone else.\n\nDisciplinary hearing procedures Part 11.3\n(3) A person who appears at the hearing under this section is taken to be\nbefore the presiding officer.\n\n","sortOrder":210},{"sectionNumber":"204","sectionType":"section","heading":"Local leave directions","content":"204 Local leave directions\n(1) The director-general may direct that a full-time detainee be taken\nfrom a correctional centre to any place in the ACT for any purpose\nthe director-general considers appropriate.\na direction that a detainee be taken to a place to assist police or a criminal justice\nentity in relation to the administration of justice\n(2) The direction is subject to the following conditions:\nExample of condition stated in direction\na condition that an escort officer escorts the detainee\n","sortOrder":211},{"sectionNumber":"205","sectionType":"section","heading":"Local leave permits","content":"205 Local leave permits\n(1) The director-general may give a full-time detainee a written permit\n(a local leave permit) to be absent from a correctional centre for any\npurpose the director-general considers appropriate.\nExamples of purposes\n1 to attend a health or rehabilitation service\n2 to take part in work or work-related activities\n3 for compassionate reasons\n\nLocal leave Part 12.1\n(2) The permit must include the following:\n(a) the purpose for which the leave is granted;\n(b) the period, not longer than 7 days, for which leave is granted.\n(3) Despite subsection (2) (b), if the permit is granted for the purpose of\nreceiving long-term medical treatment or palliative care and on the\nadvice of a doctor appointed under section 21, the permit must include\nthe period for which leave is granted, being not longer than 3 months.\n(4) The permit is subject to the following conditions:\nExample of condition stated in permit\na condition prohibiting association with a particular person or being near a\nparticular place\n(5) The director-general may cancel a detainee’s local leave permit if—\n(a) the detainee breaches a condition of the permit; or\n(b) the leave is no longer needed for the purpose for which the\npermit was granted.\n\n","sortOrder":212},{"sectionNumber":"206","sectionType":"section","heading":"Definitions—pt 12.2","content":"206 Definitions—pt 12.2\nIn this part:\ncorresponding director-general, of a participating State, means the\nperson responsible for the administration of correctional centres\n(however described) for full-time detention in the participating State.\ncorresponding leave law means a law of a State or another Territory\ndeclared to be a corresponding leave law under section 207.\nescape, in relation to an interstate detainee, includes fail to return to\nlawful custody at the end of the period to which the detainee’s\ninterstate leave permit applies.\ninterstate detainee means a person to whom an interstate leave permit\nunder a corresponding leave law applies.\nparticipating State means a State or another Territory where a\ncorresponding leave law is in force.\n","sortOrder":213},{"sectionNumber":"207","sectionType":"section","heading":"Declaration of corresponding leave laws","content":"207 Declaration of corresponding leave laws\n(1) The Minister may declare that a law of a State or another Territory is\na corresponding leave law.\n(2) The Minister may make the declaration only if satisfied that the law\nsubstantially corresponds to this part.\n(3) A declaration under this section is a notifiable instrument.\n\nACT permits for interstate leave Division 12.2.2\n","sortOrder":214},{"sectionNumber":"208","sectionType":"section","heading":"Interstate leave permits","content":"208 Interstate leave permits\n(1) The director-general may, by written notice (an interstate leave\npermit) given to a full-time detainee, give the detainee leave to travel\nto and from, and remain in, a participating State.\n(2) An interstate leave permit must include the following details:\n(a) the State or Territory to which the permit applies;\n(b) the purpose for which the leave is granted;\n(c) the period, not longer than 7 days, for which leave is granted.\n(3) For subsection (2) (c), the director-general may, before the permit\nends (a current permit), decide to extend the current permit for an\nadditional period (an extension period) if—\n(a) the date the extension period ends is within 7 days after the day\nthe current permit ends; and\n(b) the director-general is satisfied that—\n(i) an extension of the current permit is for a purpose for\nwhich an interstate leave permit may be granted under this\nsection; and\n(ii) appropriate measures are in place to allow the detainee to\nremain at a particular place in the State to which the permit\napplies.\n(4) The director-general may make a decision under subsection (3) more\nthan once.\nNote The director-general may also direct a full-time detainee to be removed\nto a NSW correctional centre under the Crimes (Sentence Administration)\nAct 2005, s 26 (Full-time detention in ACT or NSW).\n\n(5) If the director-general delegates the function mentioned in\nsubsection (3), a delegate who extends a permit that has previously\nbeen extended at least 3 times must tell the director-general about the\ndelegate’s decision.\nNote For the making of delegations and the exercise of delegated functions,\n(6) An interstate leave permit may be issued—\n(a) for a full-time detainee with a high security classification—only\nif the leave is to enable the detainee to receive a health service\nor for a compassionate reason; or\n(b) in any other case—for any purpose the director-general believes,\non reasonable grounds, is appropriate.\n(7) An interstate leave permit is subject to the following conditions:\nExamples of conditions stated in interstate leave permits\n1 a condition that an escort officer stated in the permit escort the detainee\n2 a condition prohibiting association with a particular person or being near\na particular place\n3 a condition that an indigenous detainee travelling interstate to mark the\nbirth or death of a relative be escorted by an indigenous elder or relative\n\nACT permits for interstate leave Division 12.2.2\n","sortOrder":215},{"sectionNumber":"209","sectionType":"section","heading":"Effect of ACT permit for interstate leave","content":"209 Effect of ACT permit for interstate leave\n(1) An interstate leave permit for a full-time detainee authorises the\ndetainee to be absent from a correctional centre in accordance with\nthe permit—\n(a) unescorted; or\n(b) if the permit is subject to a condition that an escort officer must\nescort the detainee—while under escort by the escort officer.\n(2) If an interstate leave permit is subject to a condition that the full-time\ndetainee be escorted by an escort officer, the permit authorises the\nescort officer to escort the detainee in accordance with the permit—\n(a) to and within the participating State stated in the permit (whether\nor not through any other jurisdiction); and\n(b) back to the correctional centre.\n","sortOrder":216},{"sectionNumber":"210","sectionType":"section","heading":"Notice to participating States","content":"210 Notice to participating States\nThe director-general must give written notice of an interstate leave\npermit given to a full-time detainee, and the period of the permit, to\neach of the following:\n(a) the corresponding director-general of the participating State to\nwhich the permit applies;\n(b) the chief of police (however described) of the participating State\nto which the permit applies;\n(c) the chief of police (however described) of any other State or\nTerritory through which the detainee may travel under the\npermit.\n\n","sortOrder":217},{"sectionNumber":"211","sectionType":"section","heading":"Powers of escort officers","content":"211 Powers of escort officers\n(1) An escort officer escorting a full-time detainee under an interstate\nleave permit may, to keep custody of the detainee under the permit or\nto arrest the detainee if the detainee has escaped—\n(a) give the detainee any direction that the officer believes, on\nreasonable grounds, is necessary and reasonable; and\n(b) use force in accordance with part 9.7 (Use of force).\n(2) An escort officer escorting a full-time detainee under an interstate\nleave permit may conduct a scanning search, frisk search or ordinary\nsearch of the detainee if the officer suspects, on reasonable grounds,\nthe detainee may be carrying a prohibited thing.\n(3) Part 9.4 (Searches) and part 9.5 (Seizing property) apply, with any\nnecessary changes and any changes prescribed by regulation, in\nrelation to a search under this section.\n","sortOrder":218},{"sectionNumber":"212","sectionType":"section","heading":"Liability for damage etc","content":"212 Liability for damage etc\n(1) The Territory is liable for any damage or loss sustained by anyone in\na participating State that is caused by the conduct of a full-time\ndetainee or an escort officer while in the participating State under an\ninterstate leave permit.\n(2) This section does not affect any right the Territory may have against\nthe detainee or escort officer for the damage or loss.\n\nInterstate leave under corresponding leave laws Division 12.2.3\n","sortOrder":219},{"sectionNumber":"Div 12","sectionType":"division","heading":"2.3 Interstate leave under corresponding","content":"Division 12.2.3 Interstate leave under corresponding\nleave laws\n","sortOrder":220},{"sectionNumber":"213","sectionType":"section","heading":"Effect in ACT of interstate leave permit under","content":"213 Effect in ACT of interstate leave permit under\ncorresponding leave law\n(1) This section applies to a person (an interstate escort officer) who is\nauthorised under an interstate leave permit issued under a\ncorresponding leave law to escort an interstate detainee to or from, or\nin, the ACT.\n(2) The interstate escort officer is authorised, in the ACT, to escort the\ninterstate detainee in accordance with the interstate leave permit.\n","sortOrder":221},{"sectionNumber":"214","sectionType":"section","heading":"Powers of interstate escort officers","content":"214 Powers of interstate escort officers\n(1) This section applies if an interstate escort officer uses force, a\nweapon, or a means of restraint, in the ACT for—\n(a) keeping custody of an interstate detainee under an interstate\nleave permit; or\n(b) arresting an interstate detainee who has escaped.\n(2) The use of force, weapon or means of restraint is lawful in the ACT\nif it would have been lawful in the participating State where the\ninterstate permit was issued.\n","sortOrder":222},{"sectionNumber":"215","sectionType":"section","heading":"Escape of interstate detainee","content":"215 Escape of interstate detainee\n(1) This section applies to an interstate detainee in the ACT under an\ninterstate leave permit issued under a corresponding leave law.\n(2) If the interstate detainee escapes from lawful custody, the detainee\nmay be arrested without warrant by—\n(a) an interstate escort officer for the detainee; or\n(b) a police officer.\n\nDivision 12.2.3 Interstate leave under corresponding leave laws\n(3) A police officer who arrests the detainee may return the detainee to\nan interstate escort officer for the detainee.\nNote A police officer may also arrest without a warrant a person who has\nescaped from lawful custody or who is unlawfully at large (see Crimes\nAct 1900, s 212 and s 214).\n","sortOrder":223},{"sectionNumber":"216","sectionType":"section","heading":"Return of escaped interstate detainee","content":"216 Return of escaped interstate detainee\n(1) This section applies if, in the ACT, an interstate detainee attempts to\nescape or is arrested after an escape.\n(2) The interstate detainee may be taken before a magistrate.\n(3) Despite the terms of the interstate detainee’s interstate leave permit,\nthe magistrate may by warrant (a return warrant)—\n(a) order the return of the detainee to the participating State where\nthe permit was issued; and\n(b) order the interstate detainee to be delivered into the custody of a\npolice officer or interstate escort officer for that purpose.\n(4) If a return warrant is issued for the interstate detainee, the detainee\nmay be kept in detention until the earlier of the following events:\n(a) the detainee is delivered into the custody of a police officer or\ninterstate escort officer in accordance with the warrant;\n(b) the end of 14 days after the day the warrant was issued.\n(5) The return warrant ends if the interstate detainee is not delivered into\nthe custody of a police officer or interstate escort officer, in\naccordance with the warrant, before the end of 14 days after the day\nthe warrant is issued.\n\n","sortOrder":224},{"sectionNumber":"217","sectionType":"section","heading":"Lawful temporary absence from correctional centre","content":"217 Lawful temporary absence from correctional centre\n(1) This section applies to a detainee who is absent from a correctional\ncentre under any of the following:\n(a) a direction by the director-general, including a direction under—\n(i) section 54 (Transfers to health facilities);\n(ii) section 204 (Local leave directions);\n(b) a local leave permit;\n(c) an interstate leave permit;\n(d) any other authority (however described) prescribed by\nregulation.\n(2) To remove any doubt, the detainee is—\n(a) taken to be in the director-general’s custody; and\n(b) if under escort by an escort officer—also taken to be in the escort\nofficer’s custody.\n(3) However, a detainee transferred to a secure mental health facility\nunder a direction under section 54 (Transfers to health facilities) is\ntaken to be in the director-general’s custody only—\n(a) until the detainee is admitted to the facility; and\n(b) if the detainee is transferred from a secure mental health facility\nunder the Mental Health Act 2015, section 144B (Taking person\nto appear before court)—from when the detainee is transferred\nuntil when the detainee is returned; and\n\n(c) if the detainee is returned to a correctional centre—when the\ndetainee is discharged from the facility.\nNote See the Mental Health Act 2015, s 144A (Transfer of custody if person\nadmitted to secure mental health facility) for custody while at a secure\nmental health facility and s 144B (Taking person to appear before court)\nfor custody when attending court.\nadmitted to a secure mental health facility includes transferred to the\nfacility.\nA person is transferred to a secure mental health facility from another unit at the\nCanberra Hospital.\n","sortOrder":225},{"sectionNumber":"217A","sectionType":"section","heading":"Power of court to bring detainee before it—civil","content":"217A Power of court to bring detainee before it—civil\nproceeding\n(1) For a civil proceeding, a court may order the director-general to bring\na person lawfully detained in a correctional centre or other place\nbefore the court, if the person consents, and to return the person to the\ncentre or other place in accordance with the order.\n(2) In this section:\ncivil proceeding—\n(a) see the Evidence Act 2011, dictionary, part 1; and\n(b) includes an examination before the integrity commission.\ncourt includes—\n(a) the ACAT; and\n(b) the integrity commission.\n\n","sortOrder":226},{"sectionNumber":"218","sectionType":"section","heading":"Detainee’s work—no employment contract etc","content":"218 Detainee’s work—no employment contract etc\n(1) To remove any doubt, any work by a detainee under this Act, whether\nat a correctional centre or elsewhere, is taken not to create a contract\nof employment or a contract for services.\n(2) In particular, a contract of employment is taken not to exist between\nthe following in relation to work by a detainee:\n(a) the detainee and the Territory;\n(b) the detainee and a person involved in the work;\n(c) the Territory and a person involved in the work.\n","sortOrder":227},{"sectionNumber":"219","sectionType":"section","heading":"Detainee’s work—work health and safety","content":"219 Detainee’s work—work health and safety\n(1) The director-general must ensure, as far as practicable, that the\nconditions in relation to work by a detainee, whether at a correctional\ncentre or elsewhere, comply with requirements under the Work\nHealth and Safety Act 2011 in relation to work by workers.\n(2) In particular, the director-general must ensure that arrangements in\nrelation to a detainee’s work take account, as far as practicable, of the\nneed—\n(a) to secure the health, safety and welfare of the detainee; and\n(b) to protect people at or near the workplace from risks to health or\nsafety arising out of the activities of the detainee.\n(3) A regulation may provide for the application of the Work Health and\nSafety Act 2011 in relation to work by a detainee, including for\nchanges to that Act in its application in relation to the work.\n","sortOrder":228},{"sectionNumber":"220","sectionType":"section","heading":"Personal injury management—detainees etc","content":"220 Personal injury management—detainees etc\n(a) a detainee suffers injury that arises out of, or in the course of,\nthe detainee’s detention; or\n\n(b) an offender, who is directed to do community service work\nunder the Crimes (Sentence Administration) Act 2005,\nsection 91, suffers injury that arises out of, or in the course of,\nthe work.\n(2) A regulation may make provision in relation to the injury, including\nprovision in relation to the following:\n(a) injury management;\n(b) vocational rehabilitation;\n(c) compensation for a permanent injury;\n(d) death benefits.\ninjury includes—\n(a) disease; and\n(b) aggravation, acceleration and recurrence of an injury or disease.\n","sortOrder":229},{"sectionNumber":"222","sectionType":"section","heading":"Confidentiality","content":"222 Confidentiality\n(1) In this section:\ncorresponding corrections law means a law of a State or another\nTerritory declared to be a corresponding corrections law under\nsection 225.\ncourt includes a tribunal.\nNote A tribunal includes any entity authorised to hear, receive and examine\nevidence (see Legislation Act, dict, pt 1).\ndivulge includes communicate.\nperson to whom this section applies means a person who—\n(a) exercises, or has exercised, a function under this Act; or\n\n(b) is, or has been, otherwise involved in the administration of this\nAct.\nproduce includes allow access to.\nprotected information means information about a person that is\ndisclosed to, or obtained by, a person to whom this section applies\nbecause of—\n(a) the exercise of a function under this Act by the person or\nsomeone else; or\n(b) the involvement of the person, or someone else, in the\nadministration of this Act.\n(2) A person to whom this section applies commits an offence—\n(a) if the person—\n(i) makes a record of protected information about someone\nelse; and\n(ii) is reckless about whether the information is protected\ninformation about someone else; or\n(b) if the person does something that divulges protected information\nabout someone else and is reckless about whether—\n(i) the information is protected information about someone\nelse; and\n(ii) doing the thing would result in the information being\ndivulged to someone else.\n(3) Subsection (2) does not apply if the record is made, or the information\nis divulged, by the person as follows:\n(a) under this Act or another territory law;\n\n(b) in relation to the exercise of a function under this Act or another\nterritory law;\n(c) for the Crimes (Sentencing) Act 2005, section 136 (Information\nexchanges between criminal justice entities);\n(d) to a person exercising a function under, or otherwise involved in\nthe administration of, a corresponding corrections law;\n(e) to a law enforcement agency;\nNote Law enforcement agency is defined in the dictionary.\n(f) to an entity prescribed by regulation;\n(g) otherwise in relation to the administration of this Act or another\nterritory law.\n(4) Subsection (2) does not apply to the divulging of protected\ninformation about someone—\n(a) with the person’s consent; or\n(b) if authorised by the director-general under subsection (5); or\n(c) if the information only tells someone of the place where a\ndetainee is held in detention; or\n(d) if the information is disclosed under a regulation.\n(5) The director-general may, in writing, authorise the divulging of\nprotected information about a person if the director-general believes,\non reasonable grounds, that divulging the information is—\n(a) necessary to protect someone whose life or safety is in danger;\nor\n(b) otherwise in the public interest.\n\n","sortOrder":230},{"sectionNumber":"223","sectionType":"section","heading":"Protection from liability","content":"223 Protection from liability\n(1) This section applies to a person who—\n(a) exercises, or has exercised, a function under this Act; or\n(b) is, or has been, otherwise involved in the administration of this\nAct.\n(2) The person does not incur civil liability for an act or omission done\nhonestly and without recklessness for this Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations and the corrections\nrules (see Legislation Act, s 104).\n(3) Any civil liability that would, apart from this section, attach to the\nperson attaches instead to the Territory.\n","sortOrder":231},{"sectionNumber":"224","sectionType":"section","heading":"Corrections dogs","content":"224 Corrections dogs\nA regulation may make provision in relation to the use of corrections\ndogs.\nExamples of provision made by regulation\n1 the training and approval of dogs for exercising functions under this Act\n2 approvals for corrections officers to use corrections dogs\n","sortOrder":232},{"sectionNumber":"225","sectionType":"section","heading":"Declaration of corresponding corrections law","content":"225 Declaration of corresponding corrections law\n(1) The Minister may declare that a law of a State or another Territory is\na corresponding corrections law.\n(2) The Minister may make the declaration only if satisfied that the law\nsubstantially corresponds to this Act or a part of this Act.\n(3) A declaration is a notifiable instrument.\n\n","sortOrder":233},{"sectionNumber":"226","sectionType":"section","heading":"Evidentiary certificates","content":"226 Evidentiary certificates\n(1) A certificate that appears to be signed by or for the director-general,\nand states any matter relevant to anything done or not done under this\nAct in relation to a detainee, is evidence of the matter.\n(2) Without limiting subsection (1), a certificate under subsection (1)\nmay state any of the following:\n(a) that a stated person did, or did not, occupy a position under this\nAct;\n(b) that a stated person was, or was not, a detainee;\n(c) that a stated instrument under this Act was, or was not, in force;\n(d) that a stated disciplinary breach by a stated detainee was, or was\nnot, admitted by the detainee or found proven at an inquiry for\nchapter 10 (Discipline);\n(e) that a stated instrument is a copy of an instrument made, given,\nissued or received under this Act.\n(3) A certificate that appears to be signed by or for the director-general,\nand states any matter prescribed by regulation for this section, is\nevidence of the stated matter.\n(4) A certificate mentioned in subsection (1) or (2) may state a matter by\nreference to a date or period.\n(5) A certificate of the results of the analysis of a substance under this\nAct, signed by an analyst appointed under subsection (8), is evidence\nof the facts stated in the certificate.\n(6) A court must accept a certificate or other document mentioned in this\nsection as proof of the matters stated in it if there is no evidence to\nthe contrary.\n\n(7) However, an instrument mentioned in subsection (2) (c), or certificate\nmentioned in subsection (5), must not be admitted in evidence by a\ncourt unless the court is satisfied that reasonable efforts have been\nmade to serve a copy of the instrument or certificate on the person\nconcerned.\n(8) The director-general may appoint analysts for this Act.\nNote 1 For the making of appointments (including acting appointments), see the\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\n(9) An appointment under subsection (8) is a notifiable instrument.\n","sortOrder":234},{"sectionNumber":"227","sectionType":"section","heading":"Determination of fees","content":"227 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":235},{"sectionNumber":"228","sectionType":"section","heading":"Approved forms","content":"228 Approved forms\n(1) The Minister may approve forms for this Act (other than forms for\nuse in or in relation to a court).\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":236},{"sectionNumber":"229","sectionType":"section","heading":"Regulation-making power","content":"229 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) In particular, a regulation may deal with any of the following:\n(a) the administration of correctional centres;\n(b) the detention of people in police and court cells;\n\n(c) the escorting of detainees;\n(d) living conditions at correctional centres, including the treatment\nof detainees;\n(e) the inspection of correctional centres and investigation of\ncomplaints by detainees;\n(f) the admission of detainees to correctional centres;\n(g) the management and security of correctional centres,\nparticularly in relation to any of the following:\n(i) the assessment of risks and measures to contain risks;\n(ii) the classification and management of detainees;\n(iii) work or activities by detainees;\n(iv) correctional centre routine;\n(v) detainees’ money or property;\n(vi) communications by detainees with other people, whether\nby phone or mail or any other means;\n(vii) the movement or segregation of detainees;\n(viii) requirements for the wearing of uniforms by detainees;\n(ix) searches of people or property and the seizure of property;\n(x) alcohol or drug testing;\n(xi) the use of force;\n(xii) the analysis of things seized under this Act;\n(xiii) access to correctional centres;\n(xiv) good order and discipline;\n(xv) release procedures;\n(h) leave for detainees to be absent from correctional centres.\n\n(3) For chapter 10 (Discipline), a detainee’s entitlements in relation to\nchapter 6 (Living conditions at correctional centres) include anything\nexpressed to be an entitlement in a regulation made for a provision of\nchapter 6.\n(4) A regulation is taken to be consistent with this Act to the extent that\nit is capable of operating concurrently with this Act.\n(5) A regulation may apply, adopt or incorporate a law of another\njurisdiction or an instrument, or a provision of a law of another\njurisdiction or instrument, as in force from time to time.\nNote The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\n(6) A regulation may create offences and fix maximum penalties of not\nmore than 20 penalty units for the offences.\n","sortOrder":237},{"sectionNumber":"230","sectionType":"section","heading":"Review of strip search on admission provision","content":"230 Review of strip search on admission provision\n(1) The Minister must review the operation of section 70 (Strip search on\nadmission) as amended by the Corrections and Sentencing\nLegislation Amendment Act 2023 (the amending Act).\n(2) The review must be started as soon as practicable 2 years after the\ncommencement of the amending Act, section 4.\n(3) The Minister must present a report of the review to the Legislative\nAssembly within 6 months after the day the review is started.\n(4) This section expires 3 years after the day it commences.\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• chief police officer\n• civil partnership\n• civil union\n• director-general (see s 163)\n• doctor\n• domestic partner (see s 169 (1))\n• found guilty\n• Governor\n• health practitioner\n• human rights commissioner\n• in relation to\n• integrity commission\n• integrity commissioner\n• intersex person (see s 169B)\n• judge\n• Legislative Assembly\n• magistrate\n• NSW correctional centre\n• nurse\n• ombudsman\n• police officer\n• public advocate\n• public servant\n• sentence administration board\n• transgender person (see s 169A (1) and (2))\n• tribunal.\n\naccredited person, in relation to a detainee, means each of the\n(a) if the detainee is a sentenced offender—anyone involved in\nrelation to the administration of the sentence;\n(b) a lawyer representing the detainee;\n(c) an official visitor;\n(d) the custodial inspector;\n(e) the human rights commissioner;\n(f) the public advocate;\n(g) the ombudsman;\n(h) a person prescribed by regulation.\nNote Territory laws apply to a delegate of a person in the exercise of a\ndelegation as if the delegate were the person who appointed the delegate\n(see Legislation Act, s 239 (2)).\naccused—see section 151.\nactivity—see the Crimes (Sentence Administration) Act 2005,\nadjudicator means a person who is appointed as an adjudicator under\nsection 177.\nadministrative penalty—see section 184.\nadmission, of a detainee to a correctional centre—see section 63.\nbody search, of a detainee—see section 107.\ncase management plan, for a detainee, means the detainee’s case\nmanagement plan maintained under section 78.\ncharge—see section 151.\ncharge notice—see section 159.\nconduct means an act or omission.\n\ncorrectional centre means a place declared to be a correctional centre\nunder section 24.\ncorrections dog means a dog approved under the regulations to\nexercise functions as a corrections dog under this Act.\ncorrections officer means a person who is appointed as a corrections\nofficer under section 19.\ncorrections policy means a corrections policy under section 14.\ncorresponding director-general, for part 12.2 (Interstate leave)—see\nsection 206.\ncorresponding leave law, for part 12.2 (Interstate leave)—see\nsection 206.\ncourt cell, for chapter 4 (Detention in police and court cells etc)—see\nsection 29.\ncustodial inspector means the custodial inspector appointed under the\nCustodial Inspector Act 2017, section 9.\ndetainee—see section 6.\ndirector-general, for chapter 4 (Detention in police and court cells\netc)—see section 29.\ndisciplinary action—see section 183.\ndisciplinary breach—see section 152.\ndisciplinary charge—see section 151.\ndrug—see section 132.\nengage in conduct means—\n(a) do an act; or\n(b) omit to do an act.\nentitled person—see section 57.\nescape, for part 12.2 (Interstate leave)—see section 206.\n\nescort officer, in relation to a person, means—\n(a) a police officer; or\n(b) a corrections officer whose functions include escorting the\nperson.\nfamily member, of a detainee, means any of the following:\n(a) the detainee’s domestic partner;\n(b) a parent, step-parent or grandparent of the detainee;\n(c) a child, step-child or grandchild of the detainee;\n(d) a brother, sister, step-brother or step-sister of the detainee;\n(e) a guardian or carer of the detainee.\nfrisk search—see section 107.\nfull-time detainee—see the Crimes (Sentence Administration)\nAct 2005, section 22 (1).\nhealth facility means a hospital or other facility where health services\nare provided.\nhealth service—\n(a) means a service provided to someone (the service user) for any\nof the following purposes:\n(i) assessing, recording, maintaining or improving the\nphysical, mental or emotional health, comfort or wellbeing\nof the service user;\n(ii) diagnosing or treating an illness, disability, disorder or\ncondition of the service user; and\n(b) includes a service provided by a health practitioner in the\npractitioner’s capacity as a health practitioner.\nhearing, for an inquiry—see section 151.\ninitial report—see section 156 (2) (e).\n\ninquiry—see section 151.\ninterstate detainee, for part 12.2 (Interstate leave)—see section 206.\ninterstate escort officer—see section 213.\ninterstate leave permit—see section 208.\ninvestigative segregation—see section 151.\ninvestigator—see section 153.\ninvestigator’s report—see section 157 (2) (b).\nlaw enforcement agency—see the Spent Convictions Act 2000,\nlegally privileged—a thing is legally privileged if client legal\nprivilege attaches to the thing.\nlocal leave permit—see section 205.\nmail means postal mail.\nnonsmoking area, at a correctional centre—see section 86.\noffender—see the Crimes (Sentence Administration) Act 2005,\nofficial visitor means an official visitor for a visitable place under the\nOfficial Visitor Act 2012, section 6.\noperating procedure means an operating procedure under section 14.\nordinary search—see section 107.\nparticipating State, for part 12.2 (Interstate leave)—see section 206.\npersonal monitoring device—see section 101.\npolice cell, for Chapter 4 (Detention in police and court cells etc)—\nsee section 29.\npositive, for a test sample for alcohol or a drug—see section 133.\n\npossession, of a thing, includes the following:\n(a) receiving or obtaining possession of the thing;\n(b) having control over the disposition of the thing (whether or not\nhaving custody of the thing);\n(c) having joint possession of the thing.\npresiding officer—\n(a) for this Act generally—see section 151; and\n(b) for chapter 11 (Disciplinary inquiries)—see section 191.\nprivilege, in relation to a detainee—see section 154.\nprohibited area, at a correctional centre—see section 85.\nprohibited thing means a thing declared to be a prohibited thing under\nsection 81.\nprotected mail means mail between a detainee and any of the\n(d) the human rights commissioner;\n(e) the public advocate;\n(f) the ombudsman;\n(g) the integrity commissioner;\n(h) a person prescribed by regulation.\nregister of detainees means the register kept under section 76.\nrelevant presiding officer, for division 10.3.5 (Disciplinary action)—\nsee section 182.\n\nremandee—see the Crimes (Sentence Administration) Act 2005,\nscanning search—see section 107.\nsecure mental health facility—see the Mental Health (Secure\nFacilities) Act 2016, section 7.\nsecurity classification, for a detainee, means the detainee’s security\nclassification under section 80.\nsegregation, of a detainee—see section 88.\nseizeable item, for division 9.4.3 (Strip searches)—see section 113.\nsentence—see the Crimes (Sentence Administration) Act 2005,\nseparate confinement, of a detainee—see section 151.\nstrip search, of a detainee—see section 107.\ntest sample—see section 132.\nvisitable place—see section 57.\nvisiting conditions, at a correctional centre, means conditions\ndeclared under section 143 (Visiting conditions) in relation to the\ncentre.\nvisitor, to a correctional centre, includes a person working at the\ncorrectional centre, other than a corrections officer, and a person who\nintends to enter the correctional centre as a visitor.\nExamples—person working at correctional centre\ncounsellor, psychologist, tradesperson, volunteer\nyoung detainee, for chapter 4 (Detention in police and court cells\netc)—see the Children and Young People Act 2008, section 95.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nCorrections Management Act 2007 A2007-15\nnotified LR 18 June 2007\ns 1, s 2 commenced 18 June 2007 (LA s 75 (1))\ns 230 commenced 1 August 2007 (LA s 75AA)\nsch 1 pt 1.2, pt 1.3 commenced 1 August 2007 (s 2 and CN2007-6)\nremainder commenced 18 December 2007 (s 2 and LA s 79)\nas amended by\nCivil Partnerships Act 2008 A2008-14 sch 1 pt 1.6\nnotified LR 15 May 2008\ns 1, s 2 commenced 15 May 2008 (LA s 75 (1))\nsch 1 pt 1.6 commenced 19 May 2008 (s 2 and CN2008-8)\nChildren and Young People Act 2008 A2008-19 sch 1 pt 1.1\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\nsch 1 pt 1.1 commenced 9 September 2008 (s 2 and CN2008-13)\nChildren and Young People (Consequential Amendments) Act 2008\nA2008-20 sch 2 pt 2.4\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\ns 3 commenced 18 July 2008 (s 2 (1))\nsch 2 pt 2.4 commenced 9 September 2008 (s 2 (3) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-13)\nCrimes Legislation Amendment Act 2008 A2008-44 sch 1 pt 1.2\nnotified LR 9 September 2008\ns 1, s 2 commenced 9 September 2008 (LA s 75 (1))\nsch 1 pt 1.2 commenced 30 May 2009 (s 2 and CN2009-4)\nCorrections Management Amendment Act 2008 A2008-49\nnotified LR 15 September 2008\ns 1, s 2 commenced 15 September (LA s 75 (1))\nremainder commenced 16 September 2008 (s 2)\n\nWork Safety Legislation Amendment Act 2009 A2009-28 sch 2 pt 2.2\nnotified LR 9 September 2009\ns 1, s 2 commenced 9 September 2009 (LA s 75 (1))\nsch 2 pt 2.2 commenced 1 October 2009 (s 2 and see Work Safety Act\n","sortOrder":238},{"sectionNumber":"2008","sectionType":"section","heading":"A2008-51, s 2 (1) (b) and CN2009-11)","content":"2008 A2008-51, s 2 (1) (b) and CN2009-11)\nSmoking (Prohibition in Enclosed Public Places) Amendment\nAct 2009 A2009-51 sch 1 pt 1.1\nnotified LR 18 December 2009\ns 1, s 2 commenced 18 December 2009 (LA s 75 (1))\nsch 1 pt 1.1 commenced 9 December 2010 (s 2 (1) (b) and CN2010-4)\nHealth Practitioner Regulation National Law (ACT) Act 2010 A2010-10\nsch 2 pt 2.4\nnotified LR 31 March 2010\ns 1, s 2 commenced 31 March 2010 (LA s 75 (1))\nsch 2 pt 2.4 commenced 1 July 2010 (s 2 (1) (a))\nJustice and Community Safety Legislation Amendment Act 2010\n(No 2) A2010-30 sch 1 pt 1.5\nnotified LR 31 August 2010\ns 1, s 2 commenced 31 August 2010 (LA s 75 (1))\ns 3 commenced 1 September 2010 (s 2 (1))\nsch 1 pt 1.5 commenced 28 September 2010 (s 2 (2))\nJustice and Community Safety Legislation Amendment Act 2010\n(No 3) A2010-40 sch 2 pt 2.4\nnotified LR 5 October 2010\ns 1, s 2 commenced 5 October 2010 (LA s 75 (1))\ns 3 commenced 6 October 2010 (s 2 (1))\nsch 2 pt 2.4 commenced 2 November 2010 (s 2 (2))\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.37\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.37 commenced 1 July 2011 (s 2 (1))\n\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.13\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.13 commenced 12 December 2011 (s 2)\nWork Health and Safety (Consequential Amendments) Act 2011\nA2011-55 sch 1 pt 1.3\nnotified LR 14 December 2011\ns 1, s 2 commenced 14 December 2011 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 January 2012 (s 2 and see Work Health\nand Safety Act 2011 A2011-35, s 2 and CN2011-12)\nCorrections and Sentencing Legislation Amendment Act 2011\nA2011-57 pt 2\nnotified LR 14 December 2011\ns 1, s 2 commenced 14 December 2011 (LA s 75 (1))\npt 2 commenced 15 December 2011 (s 2)\nOfficial Visitor Act 2012 A2012-33 sch 1 pt 1.2\nnotified LR 15 June 2012\ns 1, s 2 commenced 15 June 2012 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 September 2013 (s 2 as amended by\nA2013-22 s 4)\nCorrections and Sentencing Legislation Amendment Act 2012\nA2012-34 pt 2\nnotified LR 15 June 2012\ns 1, s 2 commenced 15 June 2012 (LA s 75 (1))\npt 2 commenced 15 December 2012 (s 2 (2))\nCivil Unions Act 2012 A2012-40 sch 3 pt 3.7\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nsch 3 pt 3.7 commenced 11 September 2012 (s 2)\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.7\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.7 commenced 14 June 2013 (s 2)\n\nOfficial Visitor Amendment Act 2013 A2013-22 sch 1 pt 1.2\nnotified LR 17 June 2013\ns 1, s 2 commenced 17 June 2013 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 September 2013 (s 2 and see Official\nVisitor Act 2012 A2012-33 s 2 as amended by this Act)\nMarriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.6\nnotified LR 4 November 2013\ns 1, s 2 commenced 4 November 2013 (LA s 75 (1))\nsch 2 pt 2.6 commenced 7 November 2013 (s 2 and CN2013-11)\nNote The High Court held this Act to be of no effect (see\nCommonwealth v Australian Capital Territory [2013] HCA 55)\nCorrections and Sentencing Legislation Amendment Act 2014\nA2014-6 pt 3\nnotified LR 27 March 2014\ns 1, s 2 commenced 27 March 2014 (LA s 75 (1))\npt 3 commenced 28 March 2014 (s 2)\nStatute Law Amendment Act 2014 A2014-18 sch 1 pt 1.1, sch 3 pt 3.5\nnotified LR 20 May 2014\ns 1, s 2 commenced 20 May 2014 (LA s 75 (1))\nsch 1 pt 1.1, sch 3 pt 3.5 commenced 10 June 2014 (s 2 (1))\nMental Health (Treatment and Care) Amendment Act 2014 A2014-51\nsch 1 pt 1.2 (as am by A2015-38 amdt 2.54)\nnotified LR 12 November 2014\ns 1, s 2 commenced 12 November 2014 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 March 2016 (s 2 (as am by A2015-38\namdt 2.54))\nCorrections Management Amendment Act 2015 A2015-37\nnotified LR 1 October 2015\ns 1, s 2 commenced 1 October 2015 (LA s 75 (1))\ns 3 commenced 2 October 2015 (LA s 75AA)\ns 6 commenced 2 October 2015 (s 2 (1))\nremainder commenced 12 November 2015 (s 2 (2))\n\nMental Health Act 2015 A2015-38 sch 2 pt 2.2, sch 2 pt 2.4 div 2.4.4\nnotified LR 7 October 2015\ns 1, s 2 commenced 7 October 2015 (LA s 75 (1))\nsch 2 pt 2.2 (amdt 2.54) commenced 8 October 2015 (s 2 (2))\nsch 2 pt 2.4 div 2.4.4 commenced 1 March 2016 (s 2 (1) and see\nMental Health (Treatment and Care) Amendment Act 2014 A2014-51,\ns 2 (as am by A2015-38 amdt 2.54))\nNote Sch 2 pt 2.2 (amdt 2.54) only amends the Mental Health\n(Treatment and Care) Amendment Act 2014 A2014-51\nStatute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.8\nnotified LR 25 November 2015\ns 1, s 2 commenced 25 November 2015 (LA s 75 (1))\nsch 3 pt 3.8 commenced 9 December 2015 (s 2)\nCrimes (Sentencing and Restorative Justice) Amendment Act 2016\nA2016-4 sch 1 pt 1.5\nnotified LR 24 February 2016\ns 1, s 2 commenced 24 February 2016 (LA s 75 (1))\nsch 1 pt 1.5 commenced 2 March 2016 (s 2 (1))\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.12\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.12 commenced 1 April 2016 (s 2 and see Protection of\nRights (Services) Legislation Amendment Act 2016 A2016-1 s 2)\nMental Health Amendment Act 2016 A2016-32 sch 1 pt 1.2\nnotified LR 20 June 2016\ns 1, s 2 commenced 20 June 2016 (LA s 75 (1))\nsch 1 pt 1.2 commenced 21 June 2016 (s 2 (1))\nFamily Violence Act 2016 A2016-42 sch 3 pt 3.3 (as am by A2017-10\ns 7)\nnotified LR 18 August 2016\ns 1, s 2 commenced 18 August 2016 (LA s 75 (1))\nsch 3 pt 3.3 commenced 1 May 2017 (s 2 (2) as am by A2017-10 s 7)\n\nFamily and Personal Violence Legislation Amendment Act 2017\nA2017-10 s 7\nnotified LR 6 April 2017\ns 1, s 2 commenced 6 April 2017 (LA s 75 (1))\ns 7 commenced 30 April 2017 (s 2 (1))\nNote This Act only amends the Family Violence Act 2016\nA2016-42.\nInspector of Correctional Services Act 2017 A2017-47 sch 2 pt 2.2\nnotified LR 7 December 2017\ns 1, s 2 commenced 7 December 2017 (LA s 75 (1))\nsch 2 pt 2.2 commenced 8 December 2017 (s 2 (1))\nCourts and Other Justice Legislation Amendment Act 2018 A2018-9\npt 6\nnotified LR 29 March 2018\ns 1, s 2 commenced 29 March 2018 (LA s 75 (1))\npt 6 commenced 26 April 2018 (s 2)\nIntegrity Commission Act 2018 A2018-52 sch 1 pt 1.4 (as am by\nA2019-18 s 4)\nnotified LR 11 December 2018\ns 1, s 2 commenced 11 December 2018 (LA s 75 (1))\nsch 1 pt 1.4 commenced 1 December 2019 (s 2 (2) (a) as am by\nA2019-18 s 4)\nIntegrity Commission Amendment Act 2019 A2019-18\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\ns 3, s 4 commenced 15 June 2019 (s 2 (1))\nNote This Act only amends the Integrity Commission Act 2018\nA2018-52.\nOfficial Visitor Amendment Act 2019 A2019-29 sch 1 pt 1.2\nnotified LR 2 October 2019\ns 1, s 2 commenced 2 October 2019 (LA s 75 (1))\nsch 1 pt 1.2 commenced 3 October 2019 (s 2 (2))\n\nSentencing (Drug and Alcohol Treatment Orders) Legislation\nAmendment Act 2019 A2019-31 pt 4\nnotified LR 9 October 2019\ns 1, s 2 commenced 2 October 2019 (LA s 75 (1))\npt 4 commenced 3 December 2019 (s 2 (1) and CN2019-19)\nCOVID-19 Emergency Response Act 2020 A2020-11 sch 1 pt 1.2\nnotified LR 7 April 2020\ns 1, s 2 commenced 7 April 2020 (LA s 75 (1))\nsch 1 pt 1.2 commenced 8 April 2020 (s 2 (1))\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.4\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\nsch 1 pt 1.4 awaiting commencement\nCOVID-19 Emergency Response Legislation Amendment Act 2021\nA2021-1 sch 1 pt 1.3\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\namdt 1.5, amdt 1.7 awaiting commencement\nsch 1 pt 1.3 remainder commenced 20 February 2021 (s 2 (1))\nOperational Efficiencies (COVID-19) Legislation Amendment Act 2021\nA2021-24 pt 5\nnotified LR 13 October 2021\ns 1, s 2 taken to have commenced 8 October 2021 (LA s 75 (2))\npt 5 commenced 14 October 2021 (s 2 (1))\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.9\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.9 commenced 24 August 2022 (s 2)\nCorrections and Sentencing Legislation Amendment Act 2023\nA2023-21 pt 2\nnotified LR 21 June 2023\ns 1, s 2 commenced 21 June 2023 (LA s 75 (1))\npt 2 commenced 22 June 2023 (s 2 (1))\n\nMonitoring of Places of Detention Legislation Amendment Act 2024\nA2024-41 sch 1 pt 1.3\nnotified LR 17 September 2024\ns 1, s 2 commenced 17 September 2024 (LA s 75 (1))\nsch 1 pt 1.3 commenced 18 September 2024 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2024\nA2024-49 pt 4\nnotified LR 17 September 2024\ns 1, s 2 taken to have commenced 11 June 2024 (LA s 75 (2))\npt 4 commenced 18 September 2024 (s 2 (4))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.42\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.42 commenced 6 December 2025 (s 2 (5))\n\nCommencement\ns 2 om LA s 89 (4)\nApplication of Act—detainees\ns 6 am A2008-19 amdt 1.1\n(1) note 2 exp 2 June 2011 (s 501 (2), (4) (LA s 88 declaration\nam A2016-4 amdt 1.9\nCorrectional centres—minimum living conditions\ns 12 am A2011-22 amdt 1.113\nMinisterial directions to director-general\ns 13 hdg am A2011-22 amdt 1.113\ns 13 am A2011-22 amdt 1.113; A2025-29 amdt 4.42\nCorrections policies and operating procedures\ns 14 am A2011-22 amdt 1.113; A2025-29 amdt 4.42\nExclusions from notified corrections policies and operating procedures\ns 15 am A2011-22 amdt 1.113; A2017-47 amdt 2.2; pars renum\nR34 LA; A2018-52 amdt 1.14; pars renum R37 LA; A2024-41\namdt 1.9\nDirector-general directions\ns 16 hdg am A2011-22 amdt 1.113\ns 16 am A2011-22 amdt 1.113\nDirector-general directions\ns 17 hdg am A2011-22 amdt 1.113\ns 17 am A2011-22 amdt 1.113, amdt 1.114; A2014-18 amdt 3.18\nCorrections officers—appointment\ns 19 am A2011-22 amdt 1.113\nCorrections officers—functions\ns 20 am A2011-22 amdt 1.113\nDoctors—health service appointments\ns 21 am A2011-22 amdt 1.113\nHealth practitioners—non-therapeutic functions\ns 22 hdg sub A2010-10 amdt 2.15\ns 22 am A2010-10 amdt 2.15; A2011-22 amdt 1.113\nIdentity cards\ns 23 am A2010-10 amdt 2.20; A2011-22 amdt 1.113\nCorrectional centres—declaration\ns 24 am A2025-29 amdt 4.42\n\nDeclaration of emergency\ns 26 am A2011-22 amdt 1.113; A2020-11 amdts 1.15-1.17;\nA2021-1 amdt 1.4\n(2A), (3A)-(3D), (6), (7) exp 29 September 2023 (s 26 (7))\nEmergency powers\ns 27 am A2011-22 amdt 1.113\nArrangements with police\ns 28 am A2011-22 amdt 1.113\nDefinitions—ch 4\ns 29 am A2008-19 amdt 1.3\ndef chief executive ins A2008-19 amdt 1.2\nom A2011-22 amdt 1.109\ndef director-general ins A2011-22 amdt 1.110\ndef young detainee ins A2008-19 amdt 1.2\nDetention in police cells\ns 30 am A2008-19 amdt 1.4, amdt 1.5; A2011-22 amdt 1.113\nDetention in police cells—search powers etc\ns 31 am A2008-19 amdt 1.6, amdt 1.7\nDetention in police cells—additional provisions for young detainees\ns 31A ins A2008-19 amdt 1.8\nam A2008-44 amdt 1.14; A2016-13 amdt 1.40; pars renum\nR31 LA; A2017-47 amdt 2.3; pars renum R34 LA; A2018-52\namdt 1.15; A2022-14 amdt 3.57; A2024-41 amdt 1.9\nDetention in court cells\ns 33 am A2008-19 amdts 1.9-1.12; A2011-22 amdt 1.113,\namdt 1.114; A2022-14 amdt 3.58\nDetention in court cells—additional provisions for young detainees\ns 33A ins A2008-19 amdt 1.13\nam A2011-22 amdt 1.113; A2016-13 amdt 1.40; pars renum\nR31 LA; A2017-47 amdt 2.4; pars renum R34 LA; A2018-52\namdt 1.16; A2022-14 amdt 3.59; A2024-41 amdt 1.9\nDetainees accommodated away from correctional centre\ns 34 am A2008-19 amdt 1.14; A2011-22 amdt 1.113; A2025-29\nEscort officer functions etc\ns 35 am A2011-22 amdt 1.113, amdt 1.114\nExecuting warrants of imprisonment or remand etc\ns 38 am A2011-22 amdt 1.113\nFood and drink\ns 40 am A2010-10 amdt 2.20; A2011-22 amdt 1.113\n\nClothing\ns 41 am A2011-22 amdt 1.113\nPersonal hygiene\ns 42 am A2011-22 amdt 1.113\nSleeping areas\ns 43 am A2011-22 amdt 1.113\nTreatment of convicted and non-convicted detainees\ns 44 am A2011-22 amdt 1.113; A2024-49 s 11\nAccess to open air and exercise\ns 45 am A2011-22 amdt 1.113\nCommunication with family and others\ns 46 am A2011-22 amdt 1.113\nTelephone calls\ns 47 am A2011-22 amdt 1.113; A2016-42 amdt 3.22\nMail\ns 48 am A2011-22 amdt 1.113\nVisits by family members etc\ns 49 am A2011-22 amdt 1.113\nContact with accredited people\ns 50 am A2011-22 amdt 1.113\nVisits—protected communications\ns 51 am A2011-22 amdt 1.113; A2016-13 amdt 1.41; pars renum\nR31 LA; A2017-47 amdt 2.5; pars renum R34 LA; A2018-52\namdt 1.17; pars renum R37 LA; A2024-41 amdt 1.9\nNews and educational services\ns 52 am A2011-22 amdt 1.113\nHealth care\ns 53 am A2010-10 amdt 2.20; A2011-22 amdt 1.113\nTransfers to health facilities\ns 54 am A2010-10 amdt 2.20; A2011-22 amdt 1.113; A2016-32\namdt 1.5\nTransfer to mental health facility—notice of change in status\ns 54A hdg sub A2016-32 amdt 1.6\ns 54A ins A2014-51 amdt 1.5\nam A2015-38 amdt 2.68\nReligious, spiritual and cultural needs\ns 55 am A2011-22 amdt 1.113\n\nAccess to and inspection of correctional centres\nch 7 hdg sub A2017-47 amdt 2.6\nIndependent Inspections\ns 56 am A2017-47 amdt 2.7; A2024-41 amdt 1.10\nAccess to correctional centres\ns 56A ins A2017-47 amdt 2.8\nOfficial visitors—meaning of entitled person and visitable place\ns 57 sub A2012-33 amdt 1.16\nam A2013-22 amdt 1.6, amdt 1.7\nFrequency of visits by official visitors\ns 58 sub A2012-33 amdt 1.16\nom A2013-22 amdt 1.8\nComplaints to official visitors\ns 59 am A2011-22 amdt 1.113\nInvestigation etc by official visitors\ns 60 am A2011-22 amdt 1.113\nOfficial visitors—ending appointments\ns 61 am A2010-30 amdt 1.19\nRelationship with other inspection laws\ns 62 am A2011-22 amdt 1.113; A2017-47 amdt 2.9; A2024-41\namdt 1.11, amdt 1.12\nMeaning of admission to correctional centre\ns 63 am A2016-4 amdt 1.10\nAuthority for detention\ns 64 am A2011-22 amdt 1.113\nIdentification of detainees\ns 65 am A2010-10 amdt 2.16; A2011-22 amdt 1.113; A2013-19\namdt 3.41\nInformation about entitlements and obligations\ns 66 am A2011-22 amdt 1.113, amdt 1.114; A2017-47 amdt 2.10;\npars renum R34 LA; A2024-41 amdt 1.13\nInitial assessment\ns 67 am A2011-22 amdt 1.113\nHealth assessment\ns 68 am A2015-38 amdt 2.68\n\nAlcohol and drug tests on admission\ns 69 am A2011-22 amdt 1.113\nStrip search on admission\ns 70 am A2011-22 amdt 1.113; A2023-21 s 4\nProperty of detainees\ns 71 am A2011-22 amdt 1.113\nSecurity classification\ns 72 am A2011-22 amdt 1.113\nCase management plan\ns 73 am A2011-22 amdt 1.113\nEntries in register of detainees\ns 74 am A2011-22 amdt 1.113\nCompliance with director-general’s directions\ns 75 hdg am A2011-22 amdt 1.114\ns 75 am A2011-22 amdt 1.113, amdt 1.114\nRegister of detainees\ns 76 am A2011-22 amdt 1.113; A2016-4 amdt 1.11; A2017-47\namdt 2.16\nHealth reports\ns 77 am A2008-20 amdt 2.14; A2011-22 amdt 1.113, amdt 1.114;\nA2015-38 amdt 2.68\nCase management plans—scope etc\ns 78 am A2011-22 amdt 1.113\nTransgender and intersex detainees—sexual identity\ns 79 am A2010-10 amdt 2.20; A2011-22 amdt 1.113\nSecurity classification—basis etc\ns 80 am A2011-22 amdt 1.113\nProhibited things\ns 81 am A2011-22 amdt 1.113; A2025-29 amdt 4.42\nPossession of prohibited things\ns 82 am A2011-22 amdt 1.113\nTrust accounts for detainees\ns 84 am A2011-22 amdt 1.113\nProhibited areas\ns 85 am A2011-22 amdt 1.113\nNonsmoking areas\ns 86 am A2009-51 amdt 1.1; A2011-22 amdt 1.113; A2023-21 s 5;\nss renum R43 LA\n\nManagement and security—corrections policies and operating procedures\ns 87 am A2008-14 amdt 1.17; A2011-22 amdt 1.113; A2012-40\namdt 3.25; A2013-39 amdt 2.11 (A2013-39 never effective\n(see Commonwealth v Australian Capital Territory [2013]\nHCA 55))\nSegregation—safety and security\ns 90 am A2011-22 amdt 1.113, amdt 1.114; A2011-57 s 4\nSegregation—protective custody\ns 91 am A2011-22 amdt 1.113, amdt 1.114; A2011-57 s 5\nSegregation—health\ns 92 am A2011-22 amdt 1.113, amdt 1.114; A2011-57 s 6\nApplication for review of segregation directions\ns 96 am A2011-22 amdt 1.113, amdt 1.114; A2025-29 amdt 4.42\nReview of segregation directions\ns 97 am A2011-22 amdt 1.113, amdt 1.114; A2015-50 amdt 3.56\nOther separation of detainees\ns 98 am A2011-22 amdt 1.113\nMonitoring—general considerations\ns 99 am A2011-22 amdt 1.113\nMonitoring at correctional centres\ns 100 am A2011-22 amdt 1.113\nPersonal monitoring devices\ns 101 am A2011-22 amdt 1.113\nInterfering with personal monitoring devices\ns 102 am A2011-22 amdt 1.113\nMonitoring telephone calls etc\ns 103 am A2011-22 amdt 1.113; A2016-13 amdt 1.42; pars renum\nR31 LA; A2017-47 amdt 2.11; pars renum R34 LA; A2018-52\namdt 1.18; pars renum R37 LA; A2024-41 amdt 1.13\nMonitoring ordinary mail\ns 104 am A2011-22 amdt 1.113; A2017-47 amdt 2.12; pars renum\nR34 LA; A2018-52 amdt 1.19\nMonitoring protected mail\ns 105 am A2011-22 amdt 1.113\nMail searches—consequences\ns 106 am A2011-22 amdt 1.113\nRegister of strip and body searches\ns 110 am A2011-22 amdt 1.113; A2017-47 amdt 2.16\n\nScanning, frisk and ordinary searches—direction to search detainee\ns 111 hdg sub A2023-21 s 6\ns 111 am A2011-22 amdt 1.113; A2023-21 s 7, s 8\nScanning, frisk and ordinary searches—requirements for search of detainee\ns 112 sub A2023-21 s 9\nScanning and ordinary searches—direction to search non-detainee\ns 112A ins A2023-21 s 9\nScanning and ordinary searches—requirements for search of non-detainee\ns 112B ins A2023-21 s 9\nFrisk searches—direction to search non-detainee\ns 112C ins A2023-21 s 9\nFrisk searches—requirements for search of non-detainee\ns 112D ins A2023-21 s 9\nMeaning of seizeable item—div 9.4.3\ns 113 sub A2008-49 s 4\nStrip searches—when may be conducted\ns 113A ins A2008-49 s 4\nam A2011-22 amdt 1.113; A2023-21 s 10\nStrip searches—on suspicion\ns 113B ins A2008-49 s 4\nam A2011-22 amdt 1.113\nStrip searches—where prudent\ns 113C ins A2008-49 s 4\nam A2011-22 amdt 1.113\nStrip searches—general rules\ns 115 am A2011-22 amdt 1.113\nBody searches—directions\ns 116 am A2010-10 amdt 2.20; A2011-22 amdt 1.113\nBody searches—presence of nurse and corrections officers\ns 117 am A2010-10 amdt 2.20; A2011-22 amdt 1.113\nBody searches—assistance from corrections officer\ns 118 am A2011-22 amdt 1.113\nBody searches—rules about detainee’s clothing\ns 119 am A2011-22 amdt 1.113\nSearches—premises and property\ns 122 am A2011-22 amdt 1.113\nSearches of detainee cells—suspected legally privileged material\ns 124 am A2011-22 amdt 1.113\n\nSearches—use of corrections dogs\ns 125 am A2011-22 amdt 1.113\nSeizing mail etc\ns 127 am A2011-22 amdt 1.113, amdt 1.114\nSeizing property—general\ns 128 am A2011-22 amdt 1.113\nReceipt for seizure\ns 129 am A2011-22 amdt 1.113\nForfeiture of things seized\ns 130 am A2011-22 amdt 1.113; A2016-13 amdt 1.43\nReturn of things seized but not forfeited\ns 131 am A2011-22 amdt 1.113\nDefinitions—drug and test sample\ns 132 am A2010-10 amdt 2.20\nWhen test sample positive\ns 133 am A2011-22 amdt 1.113; A2016-4 amdt 1.12; A2019-31\nss 6-8; A2025-29 amdt 4.42\nAlcohol and drug testing of detainees\ns 134 am A2010-10 amdt 2.20; A2011-22 amdt 1.113; A2015-37 s 4,\ns 5\nEffect of positive test sample from detainee\ns 135 am A2011-22 amdt 1.113\nManaging use of force\ns 137 am A2011-22 amdt 1.113\nAuthorised use of force\ns 138 am A2011-22 amdt 1.113\nUse of restraints or weapons\ns 140 am A2010-10 amdt 2.17; A2011-22 amdt 1.113\nMedical examination after use of force\ns 141 am A2011-22 amdt 1.113\nReporting use of force\ns 142 am A2011-22 amdt 1.113; A2017-47 amdt 2.13, amdt 2.16;\nA2024-41 amdt 1.13\nVisiting conditions\ns 143 am A2011-22 amdt 1.113; A2025-29 amdt 4.42\nNotice of visiting conditions\ns 144 am A2011-22 amdt 1.113\n\nTaking prohibited things etc into correctional centre\ns 145 am A2011-22 amdt 1.113; A2023-21 ss 11-13; ss renum\nR43 LA\nDirections to visitors\ns 146 am A2011-22 amdt 1.113\nSearches of visitors\ns 147 am A2011-22 amdt 1.113\nDirections to leave correctional centre etc\ns 148 am A2011-22 amdt 1.113\nRemoving people from correctional centre\ns 149 am A2011-22 amdt 1.113\nDefinitions—discipline\ns 151 def administrator am A2011-22 amdt 1.113\nom A2012-34 s 4\ndef initial report ins A2012-34 s 5\ndef investigative segregation am A2011-22 amdt 1.113\nsub A2012-34 s 6\ndef investigator’s report sub A2012-34 s 6\ndef presiding officer ins A2012-34 s 7\nMeaning of disciplinary breach\ns 152 am A2011-22 amdt 1.113, amdt 1.114\nMeaning of investigator\ns 153 am A2011-22 amdt 1.113\nReport etc by corrections officer\ns 156 am A2012-34 s 8, s 9\nInvestigation by investigator\ns 157 sub A2012-34 s 10\nAction by presiding officer\ns 158 sub A2012-34 s 10\nDisciplinary charge\ns 159 am A2012-34 s 11; A2025-29 amdt 4.42\nDirector-general directions—investigative segregation\ns 160 hdg am A2011-22 amdt 1.113\ns 160 am A2011-22 amdt 1.113; A2012-34 s 12, s 13\nDuration of investigative segregation\ns 163 am A2011-22 amdt 1.113, amdt 1.114; A2011-57 s 7;\nA2012-34 s 14\nApplication for review of investigative segregation directions\ns 164 am A2025-29 amdt 4.42\n\nReview of investigative segregation directions\ns 165 am A2015-50 amdt 3.56\nMeaning of presiding officer—div 10.3.1\ns 166 am A2011-22 amdt 1.113\nom A2012-34 s 15\nDisciplinary breach admitted by accused\ns 167 am A2012-34 s 16, s 17; A2025-29 amdt 4.42\nMeaning of presiding officer—div 10.3.2\ns 169 am A2011-22 amdt 1.113\nom A2012-34 s 18\nDisciplinary inquiry into charge\ns 170 am A2012-34 s 19\nPresiding officer’s powers after internal inquiry\ns 171 am A2012-34 s 20; ss renum R18 LA; A2015-50 amdt 3.57;\nA2025-29 amdt 4.42\nMeaning of review officer—div 10.3.3\ns 172 am A2011-22 amdt 1.113\nom A2012-34 s 21\nApplication for review of inquiry decision\ns 173 am A2011-22 amdt 1.113; A2012-34 s 22; A2025-29\nDirector-general to assign review officer\ns 174 hdg am A2011-22 amdt 1.113\ns 174 am A2011-22 amdt 1.113\nom A2012-34 s 23\nReview of inquiry decision\ns 175 sub A2012-34 s 23\nDirector-general’s powers after further inquiry\ns 176 hdg am A2012-34 s 24\ns 176 am A2012-34 s 25, s 26; A2015-50 amdt 3.57; A2025-29\nAppointment of adjudicator\ns 177 am A2014-18 amdt 1.1, amdt 1.2\nApplication for review by adjudicator\ns 178 am A2012-34 s 26\nReview by adjudicator\ns 179 am A2012-34 s 26; A2015-50 amdt 3.57; A2025-29 amdt 4.42\nAdjudicator’s powers after review\ns 180 am A2012-34 s 27; A2015-50 amdt 3.57; A2025-29 amdt 4.42\n\nMeaning of relevant presiding officer—div 10.3.5\ns 182 am A2012-34 s 28\nDisciplinary action by relevant presiding officer\ns 183 am A2011-22 amdt 1.113\nReparation\ns 185 am A2011-22 amdt 1.113\nSeparate confinement conditions\ns 187 am A2011-22 amdt 1.113\nRecord of disciplinary action\ns 189 am A2011-22 amdt 1.113; A2017-47 amdt 2.16\nPresiding officer may require official reports\ns 196 am A2011-22 amdt 1.113\nNotice of disciplinary hearing\ns 200 am A2011-22 amdt 1.113\nAppearance at disciplinary hearing—audiovisual or audio link\ns 203 am A2010-40 amdt 2.4; A2018-9 s 38\nLocal leave directions\ns 204 am A2011-22 amdt 1.113; A2025-29 amdt 4.42\nLocal leave permits\ns 205 am A2011-22 amdt 1.113; A2020-11 amdt 1.18, amdt 1.19;\nA2021-1 amdt 1.6; A2021-24 s 12, s 13\n(2B), (5) exp 29 September 2023 (s 205 (5))\nss renum R44 LA\nam A2025-29 amdt 4.42\nDefinitions—pt 12.2\ns 206 def corresponding chief executive om A2011-22 amdt 1.113\ndef corresponding director-general ins A2011-22\namdt 1.113\nDeclaration of corresponding leave laws\ns 207 am A2025-29 amdt 4.42\nInterstate leave permits\ns 208 am A2011-22 amdt 1.113; A2015-37 s 6; ss renum R25 LA;\nA2025-29 amdt 4.42\nNotice to participating States\ns 210 am A2011-22 amdt 1.113\nLawful temporary absence from correctional centre\ns 217 am A2011-22 amdt 1.113, amdt 1.114; A2016-32 amdt 1.7\n\nPower of court to bring detainee before it—civil proceeding\ns 217A ins A2014-6 s 9\nam A2018-52 amdt 1.20\nDetainee’s work—work health and safety\ns 219 hdg sub A2009-28 amdt 2.3; A2011-55 amdt 1.4\ns 219 am A2009-28 amdt 2.4, amdt 2.5; A2011-22 amdt 1.113;\nA2011-55 amdt 1.5\nRandom testing of detainees—statistical purposes\ns 221 am A2011-22 amdt 1.113\nom A2015-37 s 7\nConfidentiality\ns 222 am A2011-22 amdt 1.113\nDeclaration of corresponding corrections law\ns 225 am A2025-29 amdt 4.42\nEvidentiary certificates\ns 226 am A2011-22 amdt 1.113; A2025-29 amdt 4.42\nDetermination of fees\ns 227 am A2025-29 amdt 4.42\nApproved forms\ns 228 am A2025-29 amdt 4.42\nRegulation-making power\ns 229 am A2025-29 amdt 4.42\nReview of strip search on admission provision\ns 230 om LA s 89 (3)\nins A2023-21 s 14\nexp 22 June 2026 (s 230 (4))\nTransitional\nch 50 hdg om A2011-52 amdt 3.57\nMeaning of commencement day—ch 50\ns 500 om A2011-52 amdt 3.57\nApplication of Act to transitional detainees\ns 501 exp 2 June 2011 (s 501 (4) (LA s 88 declaration applies))\nApplication of Act to transitional interstate leave permits\ns 502 exp 2 June 2011 (s 502 (3) (LA s 88 declaration applies))\nApplication of Act to certain transitional remandees\ns 503 exp 18 December 2009 (s 503 (6) (LA s 88 declaration\n\nTransitional arrangements with NSW—Rehabilitation of Offenders (Interim)\nAct, s 94\ns 504 exp 18 December 2009 (s 504 (4) (LA s 88 declaration\nConstruction of outdated references\ns 505 om A2011-52 amdt 3.57\nCrimes (Sentence Administration) Act 2005, ch 17 (Transitional—interim\ncustody arrangements)—definition of Corrections Management Act 2007\ns 506 exp 18 December 2009 (s 506 (4) (LA s 88 declaration\nTransitional regulations\ns 507 exp 18 December 2009 (s 507 (4) (LA s 88 declaration\nTransitional—Corrections and Sentencing Legislation Amendment Act 2012\nch 51 hdg ins A2012-34 s 29\nAlleged disciplinary breaches not finally dealt with before commencement\nday\ns 508 ins A2012-34 s 29\nExpiry—ch 51\ns 509 ins A2012-34 s 29\nConsequential amendments\nsch 1 om LA s 89 (3)\ndict am A2008-14 amdt 1.18; A2010-10 amdt 2.18; A2010-30\namdt 1.20; A2011-22 amdt 1.111, amdt 1.112; A2012-40\namdt 3.26; A2013-19 amdt 3.42; A2012-33 amdt 1.17;\nA2013-22 amdt 1.9; A2013-39 amdt 2.12, amdt 2.13\n(A2013-39 never effective (see Commonwealth v Australian\nCapital Territory [2013] HCA 55)); A2014-18 amdt 3.19;\nA2018-52 amdt 1.21\ndef accredited person am A2017-47 amdt 2.14; pars renum\nR34 LA; A2024-41 amdt 1.13\ndef administrator om A2012-34 s 30\ndef administrative penalty sub A2013-19 amdt 3.43\ndef charge notice sub A2013-19 amdt 3.44\ndef corresponding chief executive om A2011-22 amdt 1.113\ndef corresponding corrections law om A2013-19 amdt 3.45\ndef corresponding director-general ins A2011-22\namdt 1.113\ndef custodial inspector ins A2024-41 amdt 1.14\n\ndef detention period om A2016-4 amdt 1.13\ndef disciplinary action sub A2013-19 amdt 3.46\ndef disciplinary breach sub A2013-19 amdt 3.46\ndef director-general ins A2011-52 amdt 3.58\ndef entitled person ins A2012-33 amdt 1.18\ndef health professional om A2010-10 amdt 2.19\ndef health service sub A2010-10 amdt 2.19\ndef initial report ins A2012-34 s 31\ndef inspector of correctional services ins A2017-47\namdt 2.15\nom A2024-41 amdt 1.15\ndef investigator sub A2013-19 amdt 3.47\ndef investigator’s report sub A2012-34 s 32\ndef official visitor om A2012-33 amdt 1.19\nins A2013-22 amdt 1.10\nsub A2019-29 amdt 1.4\ndef periodic detention om A2016-4 amdt 1.13\ndef presiding officer sub A2012-34 s 33\ndef privilege sub A2013-19 amdt 3.48\ndef protected mail sub A2018-52 amdt 1.22\nam A2024-41 amdt 1.16\ndef review officer om A2012-34 s 34\ndef secure mental health facility ins A2016-32 amdt 1.8\ndef seizable item ins A2008-49 s 5\ndef visitable place ins A2012-33 amdt 1.20\ndef visitor sub A2023-21 s 15\ndef young detainee ins A2011-52 amdt 3.58\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\n18 Dec 2007\n18 Dec 2007–\nnot amended new Act\n19 May 2008–\n8 Sept 2008\nA2008-14 amendments by\nA2008-14\n9 Sept 2008\n9 Sept 2008–\n15 Sept 2008\nA2008-44 amendments by\nA2008-19 and\nA2008-20\n16 Sept 2008\n16 Sept 2008–\nA2008-49 amendments by\nA2008-49\n30 May 2009–\n30 Sept 2009\nA2008-49 amendments by\nA2008-44\n1 Oct 2009\n1 Oct 2009–\n18 Dec 2009\nA2009-28 amendments by\nA2009-28\n19 Dec 2009\n19 Dec 2009–\nA2009-51 commenced expiry\n1 July 2010–\n27 Sept 2010\nA2010-10 amendments by\nA2010-10\n28 Sept 2010\n28 Sept 2010–\n1 Nov 2010\nA2010-30 amendments by\nA2010-30\n2 Nov 2010\n2 Nov 2010–\n8 Dec 2010\nA2010-40 amendments by\nA2010-40\n9 Dec 2010\n9 Dec 2010–\nA2010-40 amendments by\nA2009-51\n\nEarlier republications 5\n3 June 2011–\nA2010-40 expiry of transitional\nprovisions (s 501,\ns 502)\n1 July 2011–\n11 Dec 2011\nA2011-22 amendments by\nA2011-22\n12 Dec 2011\n12 Dec 2011–\n14 Dec 2011\nA2011-52 amendments by\nA2011-52\n15 Dec 2011\n15 Dec 2011–\n31 Dec 2011\nA2011-57 amendments by\nA2011-57\n1 Jan 2012\n1 Jan 2012–\n10 Sept 2012\nA2011-57 amendments by\nA2011-55\n11 Sept 2012\n11 Sept 2012–\n14 Dec 2012\nA2012-40 amendments by\nA2012-40\n15 Dec 2012\n15 Dec 2012–\nA2012-40 amendments by\nA2012-34\n14 June 2013–\n31 Aug 2013\nA2013-19 amendments by\nA2013-19\n1 Sept 2013\n1 Sept 2013–\n6 Nov 2013\nA2013-22 amendments by\nA2012-33 and\nA2013-22\n7 Nov 2013\nnever effective A2013-39 (never\namendments by\nA2013-39\nR21 (RI)\n24 Feb 2014\n7 Nov 2013–\n15 Dec 2013\nA2013-39 (never\nreissue because of\nHigh Court decision in\n16 Dec 2013\nnever effective A2013-39 (never\nremoved from LR\nbecause of High\nCourt decision in\nR22 (RI)\n24 Feb 2014\n16 Dec 2013–\n27 Mar 2014\nA2013-39 (never\nexpiry of transitional\nprovisions (ch 51) and\nreissue because of\nHigh Court decision in\n\n28 Mar 2014\n28 Mar 2014–\nA2014-6 amendments by\nA2014-6\n10 June 2014–\n1 Oct 2015\nA2014-18 amendments by\nA2014-18\n2 Oct 2015\n2 Oct 2015–\n7 Oct 2015\nA2015-37 amendments by\nA2015-37\n8 Oct 2015\n8 Oct 2015–\n11 Nov 2015\nA2015-37 updated endnotes as\namended by\nA2015-38\n12 Nov 2015\n12 Nov 2015–\n8 Dec 2015\nA2015-38 amendments by\nA2015-37\n9 Dec 2015\n9 Dec 2015–\n29 Feb 2016\nA2015-50 amendments by\nA2015-50\n1 Mar 2016\n1 Mar 2016–\n1 Mar 2016\nA2015-50 amendments by\nA2014-51 and\nA2015-38\n2 Mar 2016\n2 Mar 2016–\n31 Mar 2016\nA2016-4 amendments by\nA2016-4\n1 Apr 2016\n1 Apr 2016–\nA2016-13 amendments by\nA2016-13\n21 June 2016–\n30 Apr 2017\nA2016-32 amendments by\nA2016-32\n1 May 2017–\n7 Dec 2017\nA2016-42 amendments by\nA2016-42 (as am by\nA2017-10)\n8 Dec 2017\n8 Dec 2017–\n25 Apr 2018\nA2017-47 amendments by\nA2017-47\n26 Apr 2018\n26 Apr 2018–\n2 Oct 2019\nA2018-9 amendments by\nA2018-9\n3 Oct 2019\n3 Oct 2019–\n30 Nov 2019\nA2019-29 amendments by\nA2019-29\n1 Dec 2019\n1 Dec 2019–\n2 Dec 2019\nA2019-29 amendments by\nA2018-52\n(as amended by\nA2019-18)\n\nExpired transitional or validating provisions 6\n3 Dec 2019\n3 Dec 2019–\n7 Apr 2020\nA2019-31 amendments by\nA2019-31\n8 Apr 2020\n8 Apr 2020–\n19 Feb 2021\nA2020-11 amendments by\nA2020-11\n20 Feb 2021\n20 Feb 2021–\n13 Oct 2021\nA2021-1 amendments by\nA2021-1\n14 Oct 2021\n14 Oct 2021–\n23 Aug 2022\nA2021-24 amendments by\nA2021-24\n24 Aug 2022\n24 Aug 2022–\nA2022-14 amendments by\nA2022-14\n22 June 2023–\n29 Sept 2023\nA2023-21 amendments by\nA2023-21\n30 Sept 2023\n30 Sept 2023–\n17 Sept 2024\nA2023-21 expiry of provisions\n(s 26 (2A), (3A)-(3D),\n(6), (7), s 205 (2B),\n(5))\n18 Sept 2024\n18 Sept 2024–\n5 Dec 2025\nA2024-49 amendments by\nA2024-41 and\nA2024-49\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":239}],"analysis":{"summary":{"name":"Corrections Management Act 2007","slug":"corrections-management-act-2007","title_id":"a-2007-15","version_id":23301,"analysis_type":"summary","content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"Complete in-force Act (Republication 46, effective 6 December 2025). Covers all 13 Chapters and the Dictionary. Source is the full ACT parliamentary authorised republication."},"complexity_factors":["Comprehensive human rights and minimum living condition obligations","Multi-level disciplinary system with internal and external review","Detailed search and seizure provisions across multiple search types","Interplay with Human Rights Act 2004, Crimes (Sentence Administration) Act 2005, and interstate arrangements","Large number of discretionary powers delegated through a hierarchy from Minister to director-general to corrections officers"],"plain_english_summary":"The Corrections Management Act 2007 (ACT) is the primary legislation governing the management of correctional services in the Australian Capital Territory. It applies to everyone lawfully detained in ACT custody: sentenced offenders serving full-time imprisonment, people remanded on bail, and anyone else held under a territory or Commonwealth law.\n\nThe Act sets out the objects of the correctional system, which centre on public safety, humane treatment, rehabilitation, and reintegration. It guarantees minimum living conditions at correctional centres: adequate food, clothing, hygiene, sleeping facilities, open air and exercise, communication with family and lawyers, health care, and religious observance.\n\nThe Act governs how detainees are admitted, classified, and managed. It includes detailed provisions on segregation (for safety, protection, and health), searches (scanning, frisk, ordinary, strip, and body searches), seizing of property, drug and alcohol testing, use of force, and discipline. The disciplinary system defines specific disciplinary breaches, establishes an internal investigation and inquiry process, allows administrative penalties, and provides an external adjudicator review pathway.\n\nOfficials holding functions under the Act, including corrections officers and the director-general, are protected from civil liability for honest, non-reckless acts or omissions (section 223), with liability shifting to the Territory.\n\nThe Act also covers detention in police and court cells, escorting detainees, interstate leave arrangements, and emergency powers. It interfaces with the Crimes (Sentence Administration) Act 2005 (ACT), the Human Rights Act 2004 (ACT), and interstate correctional arrangements."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 2007 Act focused on basic corrections management. Over numerous amendments, its scope has grown significantly to include enhanced human rights protections, detailed procedures for strip searches and body searches, drug and alcohol testing of officers, emergency powers, interstate leave schemes, and expanded oversight by bodies like the custodial inspector, integrity commissioner, and human rights commissioner. The Act now covers a much wider range of operational detail and external accountability than initially envisaged."},"complexity_factors":["Over 230 sections plus a detailed dictionary of defined terms","Extensive cross-references both within the Act and to other legislation (e.g., Crimes (Sentence Administration) Act, Children and Young People Act)","Nested exceptions and conditions in provisions on segregation, searches, and discipline","Multiple layers of internal and external review processes for disciplinary decisions","Conditional logic for different types of detainees (sentenced, remand, young, transgender/interx)","Detailed and prescriptive operational rules for searches, drug testing, and use of force"],"plain_english_summary":"This law sets out how correctional centres in the ACT are run and how detainees (people in prison or on remand) must be treated. It covers everything from admission, living conditions (food, clothing, healthcare), security (searches, monitoring, drug testing), discipline (penalties for breaking rules), and leave (temporary release). The law applies to both sentenced prisoners and those awaiting trial, with special rules for young detainees. It also allows detainees to be held in police or court cells for short periods and sets out procedures for escorting detainees to court or interstate. The law emphasises human rights and rehabilitation but also gives the director-general broad powers to maintain order and security. It has been amended many times to add new protections and procedures."},"kimi_summary":{"_metrics":{"completionTokens":761},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears to have maintained its core scope as a comprehensive corrections management framework. While it has been heavily amended over 18 years (46 republications), the amendments appear to be refinements, expansions of existing mechanisms, and updates to reflect related legislation changes rather than fundamental scope creep. The 2023 amendments added specific provisions for strip searches on admission and visitor searches, but these fit within the existing search framework."},"complexity_factors":["230 sections across 13 chapters plus extensive dictionary and endnotes","Heavy cross-referencing with other ACT laws (Crimes (Sentence Administration) Act 2005, Crimes (Sentencing) Act 2005, Mental Health Act 2015, Children and Young People Act 2008, etc.)","Multiple defined terms (50+ in dictionary, many with signpost definitions to other sections)","Nested conditional logic — e.g., segregation powers have different thresholds, review periods, and maximum durations depending on purpose (safety/security vs protective custody vs health)","Exception layering — e.g., mail monitoring has ordinary mail, protected mail, and legally privileged material with different rules for each","Disciplinary system has four-tier review structure (presiding officer → director-general → adjudicator → Supreme Court)","Emergency powers with time-limited declarations and specific conditions","Interstate arrangements requiring recognition of other jurisdictions' laws","Transitional provisions and amendment history spanning 18 years of legislative changes","Gender identity provisions for transgender and intersex detainees with specific procedural requirements"],"plain_english_summary":"This is the **Corrections Management Act 2007** (ACT), the main law governing how prisons and correctional centres operate in the Australian Capital Territory.\n\n**What it does:**\n\nThe Act sets out the legal framework for managing people who are imprisoned or held in custody in the ACT. It covers everyone from sentenced prisoners to people on remand (awaiting trial) and those held under other laws like immigration detention.\n\n**Key areas covered:**\n\n- **Basic living standards** — guarantees detainees access to food, clothing, hygiene facilities, healthcare, exercise, family contact, and religious observance (Chapter 6)\n- **Security and management** — rules for searches (including strip searches and body searches), segregation, monitoring of communications, and use of force (Chapter 9)\n- **Discipline** — internal disciplinary system for detainee misconduct, with reviews and appeals (Chapters 10–11)\n- **Leave and transfers** — temporary absences for medical treatment, compassionate reasons, or interstate transfers (Chapter 12)\n- **Inspection and oversight** — access for judges, magistrates, MLAs, the custodial inspector, human rights commissioner, and ombudsman (Chapter 7)\n\n**Important protections:**\n\n- **Human rights focus** — the Preamble and objects emphasise dignity, rehabilitation, and that \"sentences are imposed on offenders as punishment, not for punishment\"\n- **Remandees treated differently** — people awaiting trial are presumed innocent and cannot be punished through detention conditions\n- **Segregation limits** — solitary confinement can only be used for safety, protection, or health reasons (not punishment), with mandatory reviews every 21 days and maximum periods\n- **Disciplinary safeguards** — multiple review stages including external adjudicators and court appeals\n\n**Who it affects:**\n\n- Detainees in ACT correctional centres\n- Corrections officers and prison management\n- Families and visitors\n- Lawyers, doctors, and other professionals working in prisons\n- Oversight bodies monitoring prison conditions"}},"importantCases":[],"_links":{"self":"/api/acts/corrections-management-act-2007","history":"/api/acts/corrections-management-act-2007/history","analysis":"/api/acts/corrections-management-act-2007/analysis","conflicts":"/api/acts/corrections-management-act-2007/conflicts","importantCases":"/api/acts/corrections-management-act-2007/important-cases","documents":"/api/acts/corrections-management-act-2007/documents"}}