{"id":"qld:act-2006-029","name":"Corrective Services Act 2006","slug":"corrective-services-act-2006","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"29 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2356,"registerId":"qld-act-2006-029-current","compilationNumber":null,"startDate":"2026-03-29","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Custody and admission of prisoners","content":"# Custody and admission of prisoners","sortOrder":0},{"sectionNumber":"sec.6","sectionType":"section","heading":"Where a person is to be detained","content":"### sec.6 Where a person is to be detained\n\nA person sentenced to a period of imprisonment, or required by law to be detained for a period, must be detained for the period in a corrective services facility.\nHowever—\nif the period is 21 days or less—the person may be detained in a watch house for part or all of the period; or\nif the period is more than 21 days—the person may be detained in a watch house until the person can be conveniently taken to a corrective services facility.\nThis section applies subject to—\nthe provisions of this Act that allow a prisoner to be lawfully outside a corrective services facility; and\nthe Criminal Code ; and\nthe Youth Justice Act 1992 ; and\nthe Mental Health Act 2016 ; and\nthe Parliament of Queensland Act 2001 , section 40 (4) (a) .\nThe Parliament of Queensland Act 2001 , section 40 deals with proceedings for punishment by the Legislative Assembly for contempt.\ns 6 amd 2009 No. 34 s 45 (1) sch pt 1 amdt 11; 2016 No. 5 s 923 sch 4\n(sec.6-ssec.1) A person sentenced to a period of imprisonment, or required by law to be detained for a period, must be detained for the period in a corrective services facility.\n(sec.6-ssec.2) However— if the period is 21 days or less—the person may be detained in a watch house for part or all of the period; or if the period is more than 21 days—the person may be detained in a watch house until the person can be conveniently taken to a corrective services facility.\n(sec.6-ssec.3) This section applies subject to— the provisions of this Act that allow a prisoner to be lawfully outside a corrective services facility; and the Criminal Code ; and the Youth Justice Act 1992 ; and the Mental Health Act 2016 ; and the Parliament of Queensland Act 2001 , section 40 (4) (a) . The Parliament of Queensland Act 2001 , section 40 deals with proceedings for punishment by the Legislative Assembly for contempt.\n- (a) if the period is 21 days or less—the person may be detained in a watch house for part or all of the period; or\n- (b) if the period is more than 21 days—the person may be detained in a watch house until the person can be conveniently taken to a corrective services facility.\n- (a) the provisions of this Act that allow a prisoner to be lawfully outside a corrective services facility; and\n- (b) the Criminal Code ; and\n- (c) the Youth Justice Act 1992 ; and\n- (d) the Mental Health Act 2016 ; and\n- (e) the Parliament of Queensland Act 2001 , section 40 (4) (a) . Note— The Parliament of Queensland Act 2001 , section 40 deals with proceedings for punishment by the Legislative Assembly for contempt.","sortOrder":1},{"sectionNumber":"sec.7","sectionType":"section","heading":"When a person is taken to be in the chief executive’s custody","content":"### sec.7 When a person is taken to be in the chief executive’s custody\n\nIf a person sentenced to a period of imprisonment or required by law to be detained for a period is, while being taken to a corrective services facility for detention, under the control of a corrective services officer, the person is taken to be in the chief executive’s custody.\nWhen admitted to a corrective services facility for detention, a person is taken to be in the chief executive’s custody.\nSubsections (1) and (2) apply despite the provisions of a warrant committing the person into someone else’s custody.\nExcept for any time when the person is lawfully in another person’s custody, the person remains in the chief executive’s custody until discharged, even if the person is lawfully outside a corrective services facility.\nwhile the person is in the custody of a police or prison officer as mentioned in the Mutual Assistance in Criminal Matters Act 1987 (Cwlth) , section 26\nwhile the person is released on parole\nwhile the person is being transferred between corrective services facilities or is attending court\nwhile the person is on health leave\nIn a warrant committing a person to a corrective services facility, or requiring a prisoner to be produced to the keeper or officer in charge of a corrective services facility, a reference to the keeper or officer in charge of the facility is a reference to the chief executive.\nThe chief executive is taken to have custody of a person even if the person is in the physical custody of, or being supervised by, an engaged service provider.\ns 7 amd 2009 No. 30 s 4\n(sec.7-ssec.1) If a person sentenced to a period of imprisonment or required by law to be detained for a period is, while being taken to a corrective services facility for detention, under the control of a corrective services officer, the person is taken to be in the chief executive’s custody.\n(sec.7-ssec.2) When admitted to a corrective services facility for detention, a person is taken to be in the chief executive’s custody.\n(sec.7-ssec.3) Subsections (1) and (2) apply despite the provisions of a warrant committing the person into someone else’s custody.\n(sec.7-ssec.4) Except for any time when the person is lawfully in another person’s custody, the person remains in the chief executive’s custody until discharged, even if the person is lawfully outside a corrective services facility. while the person is in the custody of a police or prison officer as mentioned in the Mutual Assistance in Criminal Matters Act 1987 (Cwlth) , section 26 while the person is released on parole while the person is being transferred between corrective services facilities or is attending court while the person is on health leave\n(sec.7-ssec.5) In a warrant committing a person to a corrective services facility, or requiring a prisoner to be produced to the keeper or officer in charge of a corrective services facility, a reference to the keeper or officer in charge of the facility is a reference to the chief executive.\n(sec.7-ssec.6) The chief executive is taken to have custody of a person even if the person is in the physical custody of, or being supervised by, an engaged service provider.\n- • while the person is released on parole\n- • while the person is being transferred between corrective services facilities or is attending court\n- • while the person is on health leave","sortOrder":2},{"sectionNumber":"sec.8","sectionType":"section","heading":"When a person is taken to be in the commissioner’s custody","content":"### sec.8 When a person is taken to be in the commissioner’s custody\n\nIf a person sentenced to a period of imprisonment or required by law to be detained for a period is, while being taken to a corrective services facility for detention, under the control of a police officer, the person is taken to be in the commissioner’s custody.\nWhen admitted to a watch house for detention, a person is taken to be in the commissioner’s custody, even if the person is lawfully outside the watch house, until the person—\nis discharged; or\nis lawfully given into another person’s custody.\nSubsections (1) and (2) apply despite the provisions of a warrant, record or order committing the person into someone else’s custody.\n(sec.8-ssec.1) If a person sentenced to a period of imprisonment or required by law to be detained for a period is, while being taken to a corrective services facility for detention, under the control of a police officer, the person is taken to be in the commissioner’s custody.\n(sec.8-ssec.2) When admitted to a watch house for detention, a person is taken to be in the commissioner’s custody, even if the person is lawfully outside the watch house, until the person— is discharged; or is lawfully given into another person’s custody.\n(sec.8-ssec.3) Subsections (1) and (2) apply despite the provisions of a warrant, record or order committing the person into someone else’s custody.\n- (a) is discharged; or\n- (b) is lawfully given into another person’s custody.","sortOrder":3},{"sectionNumber":"sec.9","sectionType":"section","heading":"Authority for admission to corrective services facility","content":"### sec.9 Authority for admission to corrective services facility\n\nA person (the detainee ) must not be admitted to and detained in a corrective services facility unless the person responsible for admitting prisoners at the facility is given—\na warrant for the detainee’s detention; or\na verdict and judgment record under the Criminal Practice Rules 1999 containing the name of the detainee and particulars of the judgment pronounced on the detainee; or\na record, under the Penalties and Sentences Act 1992 , of the order committing the detainee into custody.\nDespite the provisions of a warrant, record or order committing a person to a specified corrective services facility or to a watch house, the person may be taken to and detained in a corrective services facility specified by the chief executive.\n(sec.9-ssec.1) A person (the detainee ) must not be admitted to and detained in a corrective services facility unless the person responsible for admitting prisoners at the facility is given— a warrant for the detainee’s detention; or a verdict and judgment record under the Criminal Practice Rules 1999 containing the name of the detainee and particulars of the judgment pronounced on the detainee; or a record, under the Penalties and Sentences Act 1992 , of the order committing the detainee into custody.\n(sec.9-ssec.2) Despite the provisions of a warrant, record or order committing a person to a specified corrective services facility or to a watch house, the person may be taken to and detained in a corrective services facility specified by the chief executive.\n- (a) a warrant for the detainee’s detention; or\n- (b) a verdict and judgment record under the Criminal Practice Rules 1999 containing the name of the detainee and particulars of the judgment pronounced on the detainee; or\n- (c) a record, under the Penalties and Sentences Act 1992 , of the order committing the detainee into custody.","sortOrder":4},{"sectionNumber":"sec.10","sectionType":"section","heading":"Record of prisoner’s details","content":"### sec.10 Record of prisoner’s details\n\nThe chief executive must establish a record containing each prisoner’s details, including details about the identification of the prisoner.\nFor the identification of a prisoner, a corrective services officer may collect and store the prisoner’s biometric information, including by way of a biometric identification system.\nThe prisoner’s biometric information, and any data about the biometric information stored in a biometric identification system, must be destroyed if—\nthe prisoner is found not guilty of the offence for which the prisoner is being detained, other than on the ground of unsoundness of mind; or\nproceedings for the offence for which the prisoner is being detained are discontinued or dismissed.\nHowever, the prisoner’s biometric information, and any data about the biometric information stored in a biometric identification system, must not be destroyed if, for any part of the period of detention for the offence, the prisoner was also being detained for another offence—\nof which the prisoner has been convicted; or\nfor which proceedings have not been discontinued or dismissed.\nIn this section—\nprisoner includes a person subject to a community based order.\ns 10 amd 2016 No. 42 s 3\n(sec.10-ssec.1) The chief executive must establish a record containing each prisoner’s details, including details about the identification of the prisoner.\n(sec.10-ssec.2) For the identification of a prisoner, a corrective services officer may collect and store the prisoner’s biometric information, including by way of a biometric identification system.\n(sec.10-ssec.3) The prisoner’s biometric information, and any data about the biometric information stored in a biometric identification system, must be destroyed if— the prisoner is found not guilty of the offence for which the prisoner is being detained, other than on the ground of unsoundness of mind; or proceedings for the offence for which the prisoner is being detained are discontinued or dismissed.\n(sec.10-ssec.4) However, the prisoner’s biometric information, and any data about the biometric information stored in a biometric identification system, must not be destroyed if, for any part of the period of detention for the offence, the prisoner was also being detained for another offence— of which the prisoner has been convicted; or for which proceedings have not been discontinued or dismissed.\n(sec.10-ssec.5) In this section— prisoner includes a person subject to a community based order.\n- (a) the prisoner is found not guilty of the offence for which the prisoner is being detained, other than on the ground of unsoundness of mind; or\n- (b) proceedings for the offence for which the prisoner is being detained are discontinued or dismissed.\n- (a) of which the prisoner has been convicted; or\n- (b) for which proceedings have not been discontinued or dismissed.","sortOrder":5},{"sectionNumber":"sec.11","sectionType":"section","heading":"Prisoner to be informed of entitlements and duties","content":"### sec.11 Prisoner to be informed of entitlements and duties\n\nWhen a prisoner is admitted to a corrective services facility for detention, the chief executive must inform the prisoner about—\nthe prisoner’s entitlements and duties under this Act; and\nthe administrative directions and procedures relevant to the prisoner’s entitlements and duties.\nIf the prisoner is illiterate or does not understand English, the chief executive must take reasonable steps to ensure the prisoner understands the things mentioned in subsection (1) .\nThe chief executive—\nmust make a copy of this Act available to all prisoners; and\nmay make a copy of other legislation available to a prisoner.\n(sec.11-ssec.1) When a prisoner is admitted to a corrective services facility for detention, the chief executive must inform the prisoner about— the prisoner’s entitlements and duties under this Act; and the administrative directions and procedures relevant to the prisoner’s entitlements and duties.\n(sec.11-ssec.2) If the prisoner is illiterate or does not understand English, the chief executive must take reasonable steps to ensure the prisoner understands the things mentioned in subsection (1) .\n(sec.11-ssec.3) The chief executive— must make a copy of this Act available to all prisoners; and may make a copy of other legislation available to a prisoner.\n- (a) the prisoner’s entitlements and duties under this Act; and\n- (b) the administrative directions and procedures relevant to the prisoner’s entitlements and duties.\n- (a) must make a copy of this Act available to all prisoners; and\n- (b) may make a copy of other legislation available to a prisoner.","sortOrder":6},{"sectionNumber":"sec.12","sectionType":"section","heading":"Prisoner security classification","content":"### sec.12 Prisoner security classification\n\nWhen a prisoner is admitted to a corrective services facility for detention, the chief executive must classify the prisoner into a security classification of low or high.\nHowever, when a prisoner is admitted to a corrective services facility for detention on remand for an offence and is not serving a term of imprisonment for another offence, the prisoner must only be classified into a security classification of high.\nIn addition to classifying a prisoner under subsection (1) , the chief executive may also classify the prisoner into 1 or more of the risk sub-categories prescribed by regulation.\nWhen deciding a prisoner’s security classification, the chief executive must have regard to each of the following—\nthe nature of the offence for which the prisoner has been charged or convicted;\nthe risk of the prisoner escaping, or attempting to escape, from custody;\nthe risk of the prisoner committing a further offence and the impact the commission of the further offence is likely to have on the community;\nthe risk the prisoner poses of self harming, harming other prisoners and staff members and to the security of the corrective services facility;\nthe length of time remaining to be served by the prisoner under a sentence imposed by a court;\ninformation about the prisoner, if any, received from a law enforcement agency.\nAlso, the chief executive may have regard to any matter that is relevant to—\nthe welfare or safe custody of the prisoner or other prisoners; or\nthe security or good order of the corrective services facility.\nIf the chief executive classifies a prisoner into a security classification of high, the prisoner must be detained in a secure facility.\nIf the chief executive classifies a prisoner into a security classification of low, the prisoner may be detained in a low custody facility.\nIn this section—\nlow custody facility means—\na prison, other than a secure facility; or\na community corrections centre; or\na work camp.\ns 12 amd 2013 No. 15 s 82 ; 2013 No. 64 s 11 ; 2016 No. 62 s 12 ; 2023 No. 14 s 4 ; 2024 No. 25 s 3 sch 1\n(sec.12-ssec.1) When a prisoner is admitted to a corrective services facility for detention, the chief executive must classify the prisoner into a security classification of low or high.\n(sec.12-ssec.2) However, when a prisoner is admitted to a corrective services facility for detention on remand for an offence and is not serving a term of imprisonment for another offence, the prisoner must only be classified into a security classification of high.\n(sec.12-ssec.3) In addition to classifying a prisoner under subsection (1) , the chief executive may also classify the prisoner into 1 or more of the risk sub-categories prescribed by regulation.\n(sec.12-ssec.4) When deciding a prisoner’s security classification, the chief executive must have regard to each of the following— the nature of the offence for which the prisoner has been charged or convicted; the risk of the prisoner escaping, or attempting to escape, from custody; the risk of the prisoner committing a further offence and the impact the commission of the further offence is likely to have on the community; the risk the prisoner poses of self harming, harming other prisoners and staff members and to the security of the corrective services facility; the length of time remaining to be served by the prisoner under a sentence imposed by a court; information about the prisoner, if any, received from a law enforcement agency.\n(sec.12-ssec.5) Also, the chief executive may have regard to any matter that is relevant to— the welfare or safe custody of the prisoner or other prisoners; or the security or good order of the corrective services facility.\n(sec.12-ssec.6) If the chief executive classifies a prisoner into a security classification of high, the prisoner must be detained in a secure facility.\n(sec.12-ssec.7) If the chief executive classifies a prisoner into a security classification of low, the prisoner may be detained in a low custody facility.\n(sec.12-ssec.8) In this section— low custody facility means— a prison, other than a secure facility; or a community corrections centre; or a work camp.\n- (a) the nature of the offence for which the prisoner has been charged or convicted;\n- (b) the risk of the prisoner escaping, or attempting to escape, from custody;\n- (c) the risk of the prisoner committing a further offence and the impact the commission of the further offence is likely to have on the community;\n- (d) the risk the prisoner poses of self harming, harming other prisoners and staff members and to the security of the corrective services facility;\n- (e) the length of time remaining to be served by the prisoner under a sentence imposed by a court;\n- (f) information about the prisoner, if any, received from a law enforcement agency.\n- (a) the welfare or safe custody of the prisoner or other prisoners; or\n- (b) the security or good order of the corrective services facility.\n- (a) a prison, other than a secure facility; or\n- (b) a community corrections centre; or\n- (c) a work camp.","sortOrder":7},{"sectionNumber":"sec.13","sectionType":"section","heading":"Reviewing prisoner’s security classification","content":"### sec.13 Reviewing prisoner’s security classification\n\nThe chief executive may review a prisoner’s security classification at any time, including the risk sub-category for the prisoner.\nThe chief executive may review a prisoner’s security classification if the prisoner’s behaviour deteriorates or improves.\nThe chief executive may limit the review of a prisoner’s security classification to reviewing only the risk sub-category for the prisoner.\nHowever, for a prisoner with a security classification of high, the chief executive must review the prisoner’s security classification in either of the following circumstances—\nthe prisoner requests the security classification be reviewed and the prisoner has not requested the classification be reviewed during the previous 12 months;\nthe security classification—\nhas been high for the previous 3 years; and\nhas not been reviewed in the previous 3 years.\nSubsection (3) does not apply for a prisoner if—\nthe prisoner—\nis being detained on remand for an offence; and\nis not serving a term of imprisonment for another offence; or\nthe prisoner is being held in custody under any of the following orders—\na continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ;\nan interim detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ;\na preventative detention order under the Terrorism (Preventative Detention) Act 2005 ;\na continued preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1;\nan initial preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1;\nan interim post-sentence order under the Criminal Code Act 1995 (Cwlth) , section 100 .1;\na post-sentence order under the Criminal Code Act 1995 (Cwlth) , section 100 .1;\na preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1;\nanother court order prescribed by regulation for this subparagraph.\nWhen reviewing a prisoner’s security classification, the chief executive must have regard to the matters mentioned in section 12 (4) .\ns 13 amd 2013 No. 15 s 83 ; 2013 No. 64 s 12 ; 2016 No. 62 s 13 ; 2023 No. 14 s 5\n(sec.13-ssec.1) The chief executive may review a prisoner’s security classification at any time, including the risk sub-category for the prisoner. The chief executive may review a prisoner’s security classification if the prisoner’s behaviour deteriorates or improves.\n(sec.13-ssec.2) The chief executive may limit the review of a prisoner’s security classification to reviewing only the risk sub-category for the prisoner.\n(sec.13-ssec.3) However, for a prisoner with a security classification of high, the chief executive must review the prisoner’s security classification in either of the following circumstances— the prisoner requests the security classification be reviewed and the prisoner has not requested the classification be reviewed during the previous 12 months; the security classification— has been high for the previous 3 years; and has not been reviewed in the previous 3 years.\n(sec.13-ssec.4) Subsection (3) does not apply for a prisoner if— the prisoner— is being detained on remand for an offence; and is not serving a term of imprisonment for another offence; or the prisoner is being held in custody under any of the following orders— a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; an interim detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; a preventative detention order under the Terrorism (Preventative Detention) Act 2005 ; a continued preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; an initial preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; an interim post-sentence order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; a post-sentence order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; a preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; another court order prescribed by regulation for this subparagraph.\n(sec.13-ssec.5) When reviewing a prisoner’s security classification, the chief executive must have regard to the matters mentioned in section 12 (4) .\n- (a) the prisoner requests the security classification be reviewed and the prisoner has not requested the classification be reviewed during the previous 12 months;\n- (b) the security classification— (i) has been high for the previous 3 years; and (ii) has not been reviewed in the previous 3 years.\n- (i) has been high for the previous 3 years; and\n- (ii) has not been reviewed in the previous 3 years.\n- (i) has been high for the previous 3 years; and\n- (ii) has not been reviewed in the previous 3 years.\n- (a) the prisoner— (i) is being detained on remand for an offence; and (ii) is not serving a term of imprisonment for another offence; or\n- (i) is being detained on remand for an offence; and\n- (ii) is not serving a term of imprisonment for another offence; or\n- (b) the prisoner is being held in custody under any of the following orders— (i) a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; (ii) an interim detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; (iii) a preventative detention order under the Terrorism (Preventative Detention) Act 2005 ; (iv) a continued preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; (v) an initial preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; (vi) an interim post-sentence order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; (vii) a post-sentence order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; (viii) a preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; (ix) another court order prescribed by regulation for this subparagraph.\n- (i) a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ;\n- (ii) an interim detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ;\n- (iii) a preventative detention order under the Terrorism (Preventative Detention) Act 2005 ;\n- (iv) a continued preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1;\n- (v) an initial preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1;\n- (vi) an interim post-sentence order under the Criminal Code Act 1995 (Cwlth) , section 100 .1;\n- (vii) a post-sentence order under the Criminal Code Act 1995 (Cwlth) , section 100 .1;\n- (viii) a preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1;\n- (ix) another court order prescribed by regulation for this subparagraph.\n- (i) is being detained on remand for an offence; and\n- (ii) is not serving a term of imprisonment for another offence; or\n- (i) a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ;\n- (ii) an interim detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ;\n- (iii) a preventative detention order under the Terrorism (Preventative Detention) Act 2005 ;\n- (iv) a continued preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1;\n- (v) an initial preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1;\n- (vi) an interim post-sentence order under the Criminal Code Act 1995 (Cwlth) , section 100 .1;\n- (vii) a post-sentence order under the Criminal Code Act 1995 (Cwlth) , section 100 .1;\n- (viii) a preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1;\n- (ix) another court order prescribed by regulation for this subparagraph.","sortOrder":8},{"sectionNumber":"sec.14","sectionType":"section","heading":"Changing prisoner’s security classification","content":"### sec.14 Changing prisoner’s security classification\n\nThe chief executive may change a prisoner’s security classification after reviewing it under section 13 .","sortOrder":9},{"sectionNumber":"sec.15","sectionType":"section","heading":"Notice of decision about prisoner’s security classification following review","content":"### sec.15 Notice of decision about prisoner’s security classification following review\n\nAfter reviewing a prisoner’s security classification, the chief executive must give the prisoner an information notice about the chief executive’s decision following the review.\nIf the chief executive increased the prisoner’s security classification, the information notice must include a statement that if the prisoner is dissatisfied with the decision, the prisoner may ask the chief executive to reconsider the decision by notice given to the chief executive within 7 days after the information notice is given to the prisoner.\nThe Acts Interpretation Act 1954 , section 27B does not apply to an information notice given under this section.\ns 15 amd 2009 No. 30 s 5\n(sec.15-ssec.1) After reviewing a prisoner’s security classification, the chief executive must give the prisoner an information notice about the chief executive’s decision following the review.\n(sec.15-ssec.2) If the chief executive increased the prisoner’s security classification, the information notice must include a statement that if the prisoner is dissatisfied with the decision, the prisoner may ask the chief executive to reconsider the decision by notice given to the chief executive within 7 days after the information notice is given to the prisoner.\n(sec.15-ssec.3) The Acts Interpretation Act 1954 , section 27B does not apply to an information notice given under this section.","sortOrder":10},{"sectionNumber":"sec.16","sectionType":"section","heading":"Reconsidering decision to change prisoner’s security classification","content":"### sec.16 Reconsidering decision to change prisoner’s security classification\n\nThis section applies if—\nthe chief executive increases a prisoner’s security classification; and\nthe prisoner is dissatisfied with the decision.\nWithin 7 days after the information notice about the decision is given to the prisoner, the prisoner may, by written notice given to the chief executive, ask the chief executive to reconsider the decision.\nThe chief executive must reconsider the decision and may confirm, amend or cancel the decision.\nAfter reconsidering the decision, the chief executive must give the prisoner an information notice about the reconsidered decision.\n(sec.16-ssec.1) This section applies if— the chief executive increases a prisoner’s security classification; and the prisoner is dissatisfied with the decision.\n(sec.16-ssec.2) Within 7 days after the information notice about the decision is given to the prisoner, the prisoner may, by written notice given to the chief executive, ask the chief executive to reconsider the decision.\n(sec.16-ssec.3) The chief executive must reconsider the decision and may confirm, amend or cancel the decision.\n(sec.16-ssec.4) After reconsidering the decision, the chief executive must give the prisoner an information notice about the reconsidered decision.\n- (a) the chief executive increases a prisoner’s security classification; and\n- (b) the prisoner is dissatisfied with the decision.","sortOrder":11},{"sectionNumber":"sec.17","sectionType":"section","heading":"Application of Judicial Review Act 1991 to decisions about prisoner security classification","content":"### sec.17 Application of Judicial Review Act 1991 to decisions about prisoner security classification\n\nThe Judicial Review Act 1991 , parts 3 , 4 and 5 , other than section 41 (1) , do not apply to a decision made, or purportedly made, under section 12 , 13 , 14 or 16 about a prisoner’s security classification.\nThe Judicial Review Act 1991 , part 3 deals with statutory orders of review, part 4 deals with reasons for decisions and part 5 deals with prerogative orders and injunctions.\nIn this section—\ndecision includes a decision affected by jurisdictional error.\n(sec.17-ssec.1) The Judicial Review Act 1991 , parts 3 , 4 and 5 , other than section 41 (1) , do not apply to a decision made, or purportedly made, under section 12 , 13 , 14 or 16 about a prisoner’s security classification. The Judicial Review Act 1991 , part 3 deals with statutory orders of review, part 4 deals with reasons for decisions and part 5 deals with prerogative orders and injunctions.\n(sec.17-ssec.2) In this section— decision includes a decision affected by jurisdictional error.","sortOrder":12},{"sectionNumber":"sec.18","sectionType":"section","heading":"Accommodation","content":"### sec.18 Accommodation\n\nWhenever practicable, each prisoner in a corrective services facility must be provided with a room that is not shared with any other prisoner.\ns 18 amd 2016 No. 58 s 8 ; 2024 No. 25 s 3 sch 1","sortOrder":13},{"sectionNumber":"ch.2-pt.1A","sectionType":"part","heading":"Prisoners from Norfolk Island","content":"# Prisoners from Norfolk Island","sortOrder":14},{"sectionNumber":"sec.18A","sectionType":"section","heading":"Definitions for part","content":"### sec.18A Definitions for part\n\nIn this part—\nconstable means a constable as defined under the Removal of Prisoners Act 2004 (Norfolk Island) , section 3 (1) , other than a person mentioned in paragraph (b) of that definition.\nNorfolk Island court means a court under the Removal of Prisoners Act 2004 (Norfolk Island) .\nNorfolk Island magistrate means a Magistrate of the Territory under the Norfolk Island Act 1979 (Cwlth) .\nNorfolk Island prisoner see section 18B .\nNorfolk Island warrant means a warrant issued under the Removal of Prisoners Act 2004 (Norfolk Island) .\norder , in relation to a Norfolk Island court or Norfolk Island magistrate—\nmeans an order under the Removal of Prisoners Act 2004 (Norfolk Island) ; and\nincludes a warrant mentioned in the Removal of Prisoners Act 2004 (Norfolk Island) , section 3 (3) issued by the court or magistrate.\ns 18A ins 2024 No. 25 s 4\n- (a) means an order under the Removal of Prisoners Act 2004 (Norfolk Island) ; and\n- (b) includes a warrant mentioned in the Removal of Prisoners Act 2004 (Norfolk Island) , section 3 (3) issued by the court or magistrate.","sortOrder":15},{"sectionNumber":"sec.18B","sectionType":"section","heading":"Meaning of Norfolk Island prisoner","content":"### sec.18B Meaning of Norfolk Island prisoner\n\nA Norfolk Island prisoner is a person who is liable to undergo imprisonment or other detention in custody in Queensland under a law in force in Norfolk Island.\nHowever, a Norfolk Island prisoner does not include a person who is the subject of a direction under the Removal of Prisoners Act 2004 (Norfolk Island) , section 9 .\ns 18B ins 2024 No. 25 s 4\n(sec.18B-ssec.1) A Norfolk Island prisoner is a person who is liable to undergo imprisonment or other detention in custody in Queensland under a law in force in Norfolk Island.\n(sec.18B-ssec.2) However, a Norfolk Island prisoner does not include a person who is the subject of a direction under the Removal of Prisoners Act 2004 (Norfolk Island) , section 9 .","sortOrder":16},{"sectionNumber":"sec.18C","sectionType":"section","heading":"Custody and detention of Norfolk Island prisoners","content":"### sec.18C Custody and detention of Norfolk Island prisoners\n\nA constable who has a Norfolk Island prisoner in custody under a Norfolk Island warrant is authorised to have custody of, and deal with, the Norfolk Island prisoner in Queensland under the warrant.\nA corrective services officer may, under a Norfolk Island warrant—\ntake control of the Norfolk Island prisoner the subject of the warrant from a constable in Queensland; and\ntransport the Norfolk Island prisoner to a corrective services facility.\nHowever, a corrective services officer may act under subsection (2) only if the chief executive has been given the Norfolk Island warrant or a copy of the warrant.\nA Norfolk Island prisoner may be admitted to and detained in a corrective services facility specified by the chief executive for the period of the Norfolk Island prisoner’s imprisonment or other detention.\nA Norfolk Island prisoner is taken to be in the chief executive’s custody—\nwhile under the control of a corrective services officer under subsection (2) ; and\nwhile detained in a corrective services facility under subsection (4) .\nThe Norfolk Island prisoner remains in the chief executive’s custody until discharged—\nexcept for any time when the Norfolk Island prisoner is lawfully in another person’s custody; and\neven if the Norfolk Island prisoner is lawfully outside a corrective services facility.\nSubsection (4) applies despite anything stated in a Norfolk Island warrant about—\na specified corrective services facility in which the period of imprisonment or other detention is to be served; or\na specified person in charge of a corrective services facility to whom the Norfolk Island prisoner is to be produced.\ns 18C ins 2024 No. 25 s 4\n(sec.18C-ssec.1) A constable who has a Norfolk Island prisoner in custody under a Norfolk Island warrant is authorised to have custody of, and deal with, the Norfolk Island prisoner in Queensland under the warrant.\n(sec.18C-ssec.2) A corrective services officer may, under a Norfolk Island warrant— take control of the Norfolk Island prisoner the subject of the warrant from a constable in Queensland; and transport the Norfolk Island prisoner to a corrective services facility.\n(sec.18C-ssec.3) However, a corrective services officer may act under subsection (2) only if the chief executive has been given the Norfolk Island warrant or a copy of the warrant.\n(sec.18C-ssec.4) A Norfolk Island prisoner may be admitted to and detained in a corrective services facility specified by the chief executive for the period of the Norfolk Island prisoner’s imprisonment or other detention.\n(sec.18C-ssec.5) A Norfolk Island prisoner is taken to be in the chief executive’s custody— while under the control of a corrective services officer under subsection (2) ; and while detained in a corrective services facility under subsection (4) .\n(sec.18C-ssec.6) The Norfolk Island prisoner remains in the chief executive’s custody until discharged— except for any time when the Norfolk Island prisoner is lawfully in another person’s custody; and even if the Norfolk Island prisoner is lawfully outside a corrective services facility.\n(sec.18C-ssec.7) Subsection (4) applies despite anything stated in a Norfolk Island warrant about— a specified corrective services facility in which the period of imprisonment or other detention is to be served; or a specified person in charge of a corrective services facility to whom the Norfolk Island prisoner is to be produced.\n- (a) take control of the Norfolk Island prisoner the subject of the warrant from a constable in Queensland; and\n- (b) transport the Norfolk Island prisoner to a corrective services facility.\n- (a) while under the control of a corrective services officer under subsection (2) ; and\n- (b) while detained in a corrective services facility under subsection (4) .\n- (a) except for any time when the Norfolk Island prisoner is lawfully in another person’s custody; and\n- (b) even if the Norfolk Island prisoner is lawfully outside a corrective services facility.\n- (a) a specified corrective services facility in which the period of imprisonment or other detention is to be served; or\n- (b) a specified person in charge of a corrective services facility to whom the Norfolk Island prisoner is to be produced.","sortOrder":17},{"sectionNumber":"sec.18D","sectionType":"section","heading":"Application of Act to Norfolk Island prisoners","content":"### sec.18D Application of Act to Norfolk Island prisoners\n\nThis Act applies in relation to a Norfolk Island prisoner who is in the chief executive’s custody under section 18C —\nas if the order or sentence of the Norfolk Island court or Norfolk Island magistrate under which the Norfolk Island prisoner is liable to undergo imprisonment or other detention were made or imposed by a court of the State under a law of the State; and\nsubject to subsection (2) and a regulation made under subsection (3) .\nChapter 5 does not apply in relation to the Norfolk Island prisoner unless a regulation under subsection (3) provides otherwise.\nA regulation may provide that a provision of this Act, other than a provision of this part—\ndoes, or does not, apply to the Norfolk Island prisoner; or\napplies to the Norfolk Island prisoner as modified by the regulation.\nA regulation under subsection (3) must declare it is made under that subsection.\nHowever, the application of this Act to the Norfolk Island prisoner—\napplies subject to—\nthe Removal of Prisoners Act 2004 (Norfolk Island) ; and\nthe Sentencing Act 2007 (Norfolk Island) ; and\nstops having effect if the Norfolk Island prisoner is discharged, or delivered into the custody of a constable under a Norfolk Island warrant.\ns 18D ins 2024 No. 25 s 4\n(sec.18D-ssec.1) This Act applies in relation to a Norfolk Island prisoner who is in the chief executive’s custody under section 18C — as if the order or sentence of the Norfolk Island court or Norfolk Island magistrate under which the Norfolk Island prisoner is liable to undergo imprisonment or other detention were made or imposed by a court of the State under a law of the State; and subject to subsection (2) and a regulation made under subsection (3) .\n(sec.18D-ssec.2) Chapter 5 does not apply in relation to the Norfolk Island prisoner unless a regulation under subsection (3) provides otherwise.\n(sec.18D-ssec.3) A regulation may provide that a provision of this Act, other than a provision of this part— does, or does not, apply to the Norfolk Island prisoner; or applies to the Norfolk Island prisoner as modified by the regulation.\n(sec.18D-ssec.4) A regulation under subsection (3) must declare it is made under that subsection.\n(sec.18D-ssec.5) However, the application of this Act to the Norfolk Island prisoner— applies subject to— the Removal of Prisoners Act 2004 (Norfolk Island) ; and the Sentencing Act 2007 (Norfolk Island) ; and stops having effect if the Norfolk Island prisoner is discharged, or delivered into the custody of a constable under a Norfolk Island warrant.\n- (a) as if the order or sentence of the Norfolk Island court or Norfolk Island magistrate under which the Norfolk Island prisoner is liable to undergo imprisonment or other detention were made or imposed by a court of the State under a law of the State; and\n- (b) subject to subsection (2) and a regulation made under subsection (3) .\n- (a) does, or does not, apply to the Norfolk Island prisoner; or\n- (b) applies to the Norfolk Island prisoner as modified by the regulation.\n- (a) applies subject to— (i) the Removal of Prisoners Act 2004 (Norfolk Island) ; and (ii) the Sentencing Act 2007 (Norfolk Island) ; and\n- (i) the Removal of Prisoners Act 2004 (Norfolk Island) ; and\n- (ii) the Sentencing Act 2007 (Norfolk Island) ; and\n- (b) stops having effect if the Norfolk Island prisoner is discharged, or delivered into the custody of a constable under a Norfolk Island warrant.\n- (i) the Removal of Prisoners Act 2004 (Norfolk Island) ; and\n- (ii) the Sentencing Act 2007 (Norfolk Island) ; and","sortOrder":18},{"sectionNumber":"sec.18E","sectionType":"section","heading":"Provision relating to parole for Norfolk Island prisoners","content":"### sec.18E Provision relating to parole for Norfolk Island prisoners\n\nThis section applies if, under a regulation made under section 18D (3) , all or a part of chapter 5 (with or without modification) applies to a Norfolk Island prisoner who is in the chief executive’s custody under section 18C .\nThe parole board has the functions of a Board under the Sentencing Act 2007 (Norfolk Island) in relation to the Norfolk Island prisoner.\nThe parole board is not required to perform a function in relation to a Norfolk Island prisoner who is released on parole in Norfolk Island and is not in the State, unless the parole board is required to perform the function under an arrangement made with the Commonwealth under the Norfolk Island Act 1979 (Cwlth) , section 18C .\ns 18E ins 2024 No. 25 s 4\n(sec.18E-ssec.1) This section applies if, under a regulation made under section 18D (3) , all or a part of chapter 5 (with or without modification) applies to a Norfolk Island prisoner who is in the chief executive’s custody under section 18C .\n(sec.18E-ssec.2) The parole board has the functions of a Board under the Sentencing Act 2007 (Norfolk Island) in relation to the Norfolk Island prisoner.\n(sec.18E-ssec.3) The parole board is not required to perform a function in relation to a Norfolk Island prisoner who is released on parole in Norfolk Island and is not in the State, unless the parole board is required to perform the function under an arrangement made with the Commonwealth under the Norfolk Island Act 1979 (Cwlth) , section 18C .","sortOrder":19},{"sectionNumber":"sec.18F","sectionType":"section","heading":"Producing Norfolk Island prisoners before Norfolk Island court at place in Queensland","content":"### sec.18F Producing Norfolk Island prisoners before Norfolk Island court at place in Queensland\n\nThe section applies if a Norfolk Island court, by order or a notice given to the chief executive, requires a Norfolk Island prisoner who is detained in a corrective services facility under a Norfolk Island warrant to be produced before a Norfolk Island court at a stated place in Queensland, at a stated time and for a stated purpose.\nThe chief executive must produce the Norfolk Island prisoner at the place and time, and for the purpose, stated in the order or notice of the Norfolk Island court.\nIf the order or notice of the Norfolk Island court requires the Norfolk Island prisoner to be transferred to a Norfolk Island court at a place in Queensland, the transfer of the Norfolk Island prisoner to the Norfolk Island court must be authorised by an order of the chief executive.\nThis section does not limit the application of section 69 , as applying under section 18D , in relation to a Norfolk Island prisoner.\ns 18F ins 2024 No. 25 s 4\n(sec.18F-ssec.1) The section applies if a Norfolk Island court, by order or a notice given to the chief executive, requires a Norfolk Island prisoner who is detained in a corrective services facility under a Norfolk Island warrant to be produced before a Norfolk Island court at a stated place in Queensland, at a stated time and for a stated purpose.\n(sec.18F-ssec.2) The chief executive must produce the Norfolk Island prisoner at the place and time, and for the purpose, stated in the order or notice of the Norfolk Island court.\n(sec.18F-ssec.3) If the order or notice of the Norfolk Island court requires the Norfolk Island prisoner to be transferred to a Norfolk Island court at a place in Queensland, the transfer of the Norfolk Island prisoner to the Norfolk Island court must be authorised by an order of the chief executive.\n(sec.18F-ssec.4) This section does not limit the application of section 69 , as applying under section 18D , in relation to a Norfolk Island prisoner.","sortOrder":20},{"sectionNumber":"sec.18G","sectionType":"section","heading":"Return of Norfolk Island prisoners to Norfolk Island","content":"### sec.18G Return of Norfolk Island prisoners to Norfolk Island\n\nThis section applies if a constable gives the chief executive a Norfolk Island warrant or a copy of a Norfolk Island warrant requiring—\nthe delivery of a Norfolk Island prisoner who is detained in a corrective services facility under another Norfolk Island warrant into the custody of the constable; and\nthe constable to convey the Norfolk Island prisoner in custody to Norfolk Island.\nThe chief executive must deliver the Norfolk Island prisoner into the custody of the constable.\nThe delivery of the Norfolk Island prisoner into the custody of the constable must be authorised by an order of the chief executive.\ns 18G ins 2024 No. 25 s 4\n(sec.18G-ssec.1) This section applies if a constable gives the chief executive a Norfolk Island warrant or a copy of a Norfolk Island warrant requiring— the delivery of a Norfolk Island prisoner who is detained in a corrective services facility under another Norfolk Island warrant into the custody of the constable; and the constable to convey the Norfolk Island prisoner in custody to Norfolk Island.\n(sec.18G-ssec.2) The chief executive must deliver the Norfolk Island prisoner into the custody of the constable.\n(sec.18G-ssec.3) The delivery of the Norfolk Island prisoner into the custody of the constable must be authorised by an order of the chief executive.\n- (a) the delivery of a Norfolk Island prisoner who is detained in a corrective services facility under another Norfolk Island warrant into the custody of the constable; and\n- (b) the constable to convey the Norfolk Island prisoner in custody to Norfolk Island.","sortOrder":21},{"sectionNumber":"sec.18H","sectionType":"section","heading":"Early discharge or release not prevented","content":"### sec.18H Early discharge or release not prevented\n\nNothing in this part prevents the early discharge or release of a Norfolk Island prisoner under a law of the Commonwealth or a law in force in Norfolk Island.\ns 18H ins 2024 No. 25 s 4","sortOrder":22},{"sectionNumber":"sec.18I","sectionType":"section","heading":"Particular Acts do not apply to Norfolk Island prisoners in chief executive’s custody","content":"### sec.18I Particular Acts do not apply to Norfolk Island prisoners in chief executive’s custody\n\nThis section applies in relation to a Norfolk Island prisoner who is in the chief executive’s custody under section 18C .\nThe following Acts do not apply to the Norfolk Island prisoner even though the Norfolk Island prisoner is in the chief executive’s custody—\nthe Dangerous Prisoners (Sexual Offenders) Act 2003 ;\nanother Act prescribed by regulation that would otherwise apply to the Norfolk Island prisoner because the Norfolk Island prisoner is in the chief executive’s custody.\nA regulation under subsection (2) (b) —\nmust declare it is made under that subsection; and\nmay be made in the same instrument as a regulation made under section 18D (3) .\ns 18I ins 2024 No. 25 s 4\n(sec.18I-ssec.1) This section applies in relation to a Norfolk Island prisoner who is in the chief executive’s custody under section 18C .\n(sec.18I-ssec.2) The following Acts do not apply to the Norfolk Island prisoner even though the Norfolk Island prisoner is in the chief executive’s custody— the Dangerous Prisoners (Sexual Offenders) Act 2003 ; another Act prescribed by regulation that would otherwise apply to the Norfolk Island prisoner because the Norfolk Island prisoner is in the chief executive’s custody.\n(sec.18I-ssec.3) A regulation under subsection (2) (b) — must declare it is made under that subsection; and may be made in the same instrument as a regulation made under section 18D (3) .\n- (a) the Dangerous Prisoners (Sexual Offenders) Act 2003 ;\n- (b) another Act prescribed by regulation that would otherwise apply to the Norfolk Island prisoner because the Norfolk Island prisoner is in the chief executive’s custody.\n- (a) must declare it is made under that subsection; and\n- (b) may be made in the same instrument as a regulation made under section 18D (3) .","sortOrder":23},{"sectionNumber":"sec.18J","sectionType":"section","heading":"Evidentiary aid for Norfolk Island prisoners","content":"### sec.18J Evidentiary aid for Norfolk Island prisoners\n\nIn a proceeding under an Act, a document purporting to be a Norfolk Island warrant or a copy of a Norfolk Island warrant and to be signed by an authorised person is evidence of the matters stated in the document.\nIn this section—\nauthorised person has the meaning given by the Removal of Prisoners Act 2004 (Norfolk Island) .\ns 18J ins 2024 No. 25 s 4\n(sec.18J-ssec.1) In a proceeding under an Act, a document purporting to be a Norfolk Island warrant or a copy of a Norfolk Island warrant and to be signed by an authorised person is evidence of the matters stated in the document.\n(sec.18J-ssec.2) In this section— authorised person has the meaning given by the Removal of Prisoners Act 2004 (Norfolk Island) .","sortOrder":24},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Management of prisoners","content":"# Management of prisoners","sortOrder":25},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"Management of prisoners generally","content":"## Management of prisoners generally","sortOrder":26},{"sectionNumber":"sec.19","sectionType":"section","heading":"Effect of prisoner’s security classification","content":"### sec.19 Effect of prisoner’s security classification\n\nThe chief executive may make different arrangements for the management of prisoners with different security classifications, including prisoners with the same security classification but with different risk sub-categories.\ns 19 amd 2023 No. 14 s 6","sortOrder":27},{"sectionNumber":"sec.20","sectionType":"section","heading":"Directions to prisoner","content":"### sec.20 Directions to prisoner\n\nA corrective services officer may give a prisoner a direction the officer reasonably believes is necessary—\nfor the welfare or safe custody of the prisoner or other prisoners; or\nfor the security or good order of a corrective services facility; or\nto ensure compliance with an order given or applying to the prisoner; or\nan order given under division 3 for the searching of the prisoner\nto ensure a prisoner attends a place to enable a DNA sampler to take a DNA sample from a prisoner under the Police Powers and Responsibilities Act 2000 , chapter 17 , part 5 ; or\nto ensure the prisoner or another prisoner does not commit an offence or a breach of discipline.\nDirections under this section may be given in writing or orally, and may apply generally or be limited in their application.\ns 20 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )\n(sec.20-ssec.1) A corrective services officer may give a prisoner a direction the officer reasonably believes is necessary— for the welfare or safe custody of the prisoner or other prisoners; or for the security or good order of a corrective services facility; or to ensure compliance with an order given or applying to the prisoner; or an order given under division 3 for the searching of the prisoner to ensure a prisoner attends a place to enable a DNA sampler to take a DNA sample from a prisoner under the Police Powers and Responsibilities Act 2000 , chapter 17 , part 5 ; or to ensure the prisoner or another prisoner does not commit an offence or a breach of discipline.\n(sec.20-ssec.2) Directions under this section may be given in writing or orally, and may apply generally or be limited in their application.\n- (a) for the welfare or safe custody of the prisoner or other prisoners; or\n- (b) for the security or good order of a corrective services facility; or\n- (c) to ensure compliance with an order given or applying to the prisoner; or Example of order for paragraph (c) — an order given under division 3 for the searching of the prisoner\n- (d) to ensure a prisoner attends a place to enable a DNA sampler to take a DNA sample from a prisoner under the Police Powers and Responsibilities Act 2000 , chapter 17 , part 5 ; or\n- (e) to ensure the prisoner or another prisoner does not commit an offence or a breach of discipline.","sortOrder":28},{"sectionNumber":"sec.21","sectionType":"section","heading":"Medical examination or treatment","content":"### sec.21 Medical examination or treatment\n\nIf it is reasonably practicable in the circumstances, before a health practitioner carries out a medical examination or treatment of a prisoner, the health practitioner must tell the prisoner the following—\nthe health practitioner considers the prisoner requires the medical examination or treatment;\nthe health practitioner’s reasons for requiring the examination or treatment;\nwhat the examination or treatment will involve.\nA prisoner must submit to an examination by a health practitioner if the chief executive orders the examination to decide—\nthe prisoner’s security classification; or\nwhere to place the prisoner; or\nwhether to transfer the prisoner to another place; or\nthe prisoner’s suitability to participate in an approved activity, course or program; or\nthe prisoner’s suitability for leave of absence, early discharge or release.\nA prisoner must submit to—\nexaminations by psychiatrists as required—\nunder a risk assessment order under the Dangerous Prisoners (Sexual Offenders) Act 2003 , section 8 (2) (a) ; or\nby the chief executive, if the chief executive must arrange for the examinations under section 29 of that Act; or\nThe Dangerous Prisoners (Sexual Offenders) Act 2003 , section 29 deals with psychiatric reports for reviewing continuing detention orders.\nan examination by 2 or more medical practitioners as directed by a judge under the Criminal Law Amendment Act 1945 , section 18 .\nThe Criminal Law Amendment Act 1945 , section 18 deals with the detention of persons incapable of controlling sexual instincts.\nFor a medical examination or treatment of a prisoner, a health practitioner may—\ntake a sample of the prisoner’s blood or another bodily substance; or\norder the prisoner to provide a sample of the prisoner’s urine or another bodily substance, including, for example, hair or saliva, and give the prisoner directions about the way in which the sample must be provided.\nA prisoner must comply with an order made, or direction given, under subsection (4) (b) .\nA health practitioner may authorise another person to examine or treat a prisoner in a corrective services facility if—\nthe health practitioner—\nis authorised or required to carry out the examination or give the treatment under this Act; or\nwould, if qualified to carry out the examination or give the treatment, be so authorised or required; and\nthe other person is qualified to carry out the examination or give the treatment.\nIn this section—\nprisoner does not include a prisoner released on parole.\ns 21 amd 2023 No. 14 s 7\n(sec.21-ssec.1) If it is reasonably practicable in the circumstances, before a health practitioner carries out a medical examination or treatment of a prisoner, the health practitioner must tell the prisoner the following— the health practitioner considers the prisoner requires the medical examination or treatment; the health practitioner’s reasons for requiring the examination or treatment; what the examination or treatment will involve.\n(sec.21-ssec.2) A prisoner must submit to an examination by a health practitioner if the chief executive orders the examination to decide— the prisoner’s security classification; or where to place the prisoner; or whether to transfer the prisoner to another place; or the prisoner’s suitability to participate in an approved activity, course or program; or the prisoner’s suitability for leave of absence, early discharge or release.\n(sec.21-ssec.3) A prisoner must submit to— examinations by psychiatrists as required— under a risk assessment order under the Dangerous Prisoners (Sexual Offenders) Act 2003 , section 8 (2) (a) ; or by the chief executive, if the chief executive must arrange for the examinations under section 29 of that Act; or The Dangerous Prisoners (Sexual Offenders) Act 2003 , section 29 deals with psychiatric reports for reviewing continuing detention orders. an examination by 2 or more medical practitioners as directed by a judge under the Criminal Law Amendment Act 1945 , section 18 . The Criminal Law Amendment Act 1945 , section 18 deals with the detention of persons incapable of controlling sexual instincts.\n(sec.21-ssec.4) For a medical examination or treatment of a prisoner, a health practitioner may— take a sample of the prisoner’s blood or another bodily substance; or order the prisoner to provide a sample of the prisoner’s urine or another bodily substance, including, for example, hair or saliva, and give the prisoner directions about the way in which the sample must be provided.\n(sec.21-ssec.5) A prisoner must comply with an order made, or direction given, under subsection (4) (b) .\n(sec.21-ssec.6) A health practitioner may authorise another person to examine or treat a prisoner in a corrective services facility if— the health practitioner— is authorised or required to carry out the examination or give the treatment under this Act; or would, if qualified to carry out the examination or give the treatment, be so authorised or required; and the other person is qualified to carry out the examination or give the treatment.\n(sec.21-ssec.7) In this section— prisoner does not include a prisoner released on parole.\n- (a) the health practitioner considers the prisoner requires the medical examination or treatment;\n- (b) the health practitioner’s reasons for requiring the examination or treatment;\n- (c) what the examination or treatment will involve.\n- (a) the prisoner’s security classification; or\n- (b) where to place the prisoner; or\n- (c) whether to transfer the prisoner to another place; or\n- (d) the prisoner’s suitability to participate in an approved activity, course or program; or\n- (e) the prisoner’s suitability for leave of absence, early discharge or release.\n- (a) examinations by psychiatrists as required— (i) under a risk assessment order under the Dangerous Prisoners (Sexual Offenders) Act 2003 , section 8 (2) (a) ; or (ii) by the chief executive, if the chief executive must arrange for the examinations under section 29 of that Act; or Note— The Dangerous Prisoners (Sexual Offenders) Act 2003 , section 29 deals with psychiatric reports for reviewing continuing detention orders.\n- (i) under a risk assessment order under the Dangerous Prisoners (Sexual Offenders) Act 2003 , section 8 (2) (a) ; or\n- (ii) by the chief executive, if the chief executive must arrange for the examinations under section 29 of that Act; or Note— The Dangerous Prisoners (Sexual Offenders) Act 2003 , section 29 deals with psychiatric reports for reviewing continuing detention orders.\n- (b) an examination by 2 or more medical practitioners as directed by a judge under the Criminal Law Amendment Act 1945 , section 18 . Note— The Criminal Law Amendment Act 1945 , section 18 deals with the detention of persons incapable of controlling sexual instincts.\n- (i) under a risk assessment order under the Dangerous Prisoners (Sexual Offenders) Act 2003 , section 8 (2) (a) ; or\n- (ii) by the chief executive, if the chief executive must arrange for the examinations under section 29 of that Act; or Note— The Dangerous Prisoners (Sexual Offenders) Act 2003 , section 29 deals with psychiatric reports for reviewing continuing detention orders.\n- (a) take a sample of the prisoner’s blood or another bodily substance; or\n- (b) order the prisoner to provide a sample of the prisoner’s urine or another bodily substance, including, for example, hair or saliva, and give the prisoner directions about the way in which the sample must be provided.\n- (a) the health practitioner— (i) is authorised or required to carry out the examination or give the treatment under this Act; or (ii) would, if qualified to carry out the examination or give the treatment, be so authorised or required; and\n- (i) is authorised or required to carry out the examination or give the treatment under this Act; or\n- (ii) would, if qualified to carry out the examination or give the treatment, be so authorised or required; and\n- (b) the other person is qualified to carry out the examination or give the treatment.\n- (i) is authorised or required to carry out the examination or give the treatment under this Act; or\n- (ii) would, if qualified to carry out the examination or give the treatment, be so authorised or required; and","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"Private medical examination or treatment","content":"### sec.22 Private medical examination or treatment\n\nSubject to subsection (2) , a prisoner in a corrective services facility may apply in writing to the chief executive for approval to be examined or treated by a health practitioner nominated by the prisoner.\nA prisoner in a corrective services facility can not—\nparticipate in assisted reproductive technology; or\napply for the chief executive’s approval to participate in assisted reproductive technology.\nThe chief executive may give the approval mentioned in subsection (1) if satisfied—\nthe application for the approval is not—\nfrivolous or vexatious; or\nfor an examination or treatment for participating in assisted reproductive technology; and\nthe prisoner is able to pay for the examination or treatment and associated costs; and\nthe health practitioner nominated by the prisoner is willing and available to carry out the examination or treatment of the prisoner.\nThe prisoner must pay for the examination or treatment and associated costs.\nThe chief executive must consider, but is not bound by, any report or recommendation made by the nominated health practitioner.\ns 22 amd 2023 No. 14 s 52 sch 1\n(sec.22-ssec.1) Subject to subsection (2) , a prisoner in a corrective services facility may apply in writing to the chief executive for approval to be examined or treated by a health practitioner nominated by the prisoner.\n(sec.22-ssec.2) A prisoner in a corrective services facility can not— participate in assisted reproductive technology; or apply for the chief executive’s approval to participate in assisted reproductive technology.\n(sec.22-ssec.3) The chief executive may give the approval mentioned in subsection (1) if satisfied— the application for the approval is not— frivolous or vexatious; or for an examination or treatment for participating in assisted reproductive technology; and the prisoner is able to pay for the examination or treatment and associated costs; and the health practitioner nominated by the prisoner is willing and available to carry out the examination or treatment of the prisoner.\n(sec.22-ssec.4) The prisoner must pay for the examination or treatment and associated costs.\n(sec.22-ssec.5) The chief executive must consider, but is not bound by, any report or recommendation made by the nominated health practitioner.\n- (a) participate in assisted reproductive technology; or\n- (b) apply for the chief executive’s approval to participate in assisted reproductive technology.\n- (a) the application for the approval is not— (i) frivolous or vexatious; or (ii) for an examination or treatment for participating in assisted reproductive technology; and\n- (i) frivolous or vexatious; or\n- (ii) for an examination or treatment for participating in assisted reproductive technology; and\n- (b) the prisoner is able to pay for the examination or treatment and associated costs; and\n- (c) the health practitioner nominated by the prisoner is willing and available to carry out the examination or treatment of the prisoner.\n- (i) frivolous or vexatious; or\n- (ii) for an examination or treatment for participating in assisted reproductive technology; and","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"Dangerously ill prisoner","content":"### sec.23 Dangerously ill prisoner\n\nIf the chief executive, on the advice of a health practitioner, considers a prisoner in a corrective services facility to be dangerously ill or seriously injured, the chief executive must immediately notify each of the following that the prisoner is either dangerously ill or seriously injured—\nthe person nominated by the prisoner as the prisoner’s contact person;\na religious visitor;\nfor an Aboriginal or Torres Strait Islander prisoner—\nan Aboriginal or Torres Strait Islander legal service representing Aboriginal or Torres Strait Islander persons in the area in which the facility is located; and\nif practicable, an elder, respected person or indigenous spiritual healer who is relevant to the prisoner.\ns 23 amd 2023 No. 14 s 52 sch 1\n- (a) the person nominated by the prisoner as the prisoner’s contact person;\n- (b) a religious visitor;\n- (c) for an Aboriginal or Torres Strait Islander prisoner— (i) an Aboriginal or Torres Strait Islander legal service representing Aboriginal or Torres Strait Islander persons in the area in which the facility is located; and (ii) if practicable, an elder, respected person or indigenous spiritual healer who is relevant to the prisoner.\n- (i) an Aboriginal or Torres Strait Islander legal service representing Aboriginal or Torres Strait Islander persons in the area in which the facility is located; and\n- (ii) if practicable, an elder, respected person or indigenous spiritual healer who is relevant to the prisoner.\n- (i) an Aboriginal or Torres Strait Islander legal service representing Aboriginal or Torres Strait Islander persons in the area in which the facility is located; and\n- (ii) if practicable, an elder, respected person or indigenous spiritual healer who is relevant to the prisoner.","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Death of prisoner","content":"### sec.24 Death of prisoner\n\nAfter a prisoner dies, the chief executive must notify each of the following that the prisoner has died—\nif the corrective services facility is a prison—a health practitioner;\nthe police officer in charge of the police station nearest to the place where the prisoner died;\nthe person nominated by the prisoner as the prisoner’s contact person;\na religious visitor;\nfor an Aboriginal or Torres Strait Islander prisoner—\nan Aboriginal or Torres Strait Islander legal service representing Aboriginal or Torres Strait Islander persons in the area in which the prisoner died; and\nif practicable, an elder, respected person or indigenous spiritual healer who was relevant to the prisoner.\nThe chief executive must keep records, prescribed under a regulation, of the prisoner’s death.\nIn this section—\nprisoner includes a person who, immediately before the person’s death, was a prisoner, but does not include a prisoner released on parole.\ns 24 amd 2023 No. 14 s 52 sch 1\n(sec.24-ssec.1) After a prisoner dies, the chief executive must notify each of the following that the prisoner has died— if the corrective services facility is a prison—a health practitioner; the police officer in charge of the police station nearest to the place where the prisoner died; the person nominated by the prisoner as the prisoner’s contact person; a religious visitor; for an Aboriginal or Torres Strait Islander prisoner— an Aboriginal or Torres Strait Islander legal service representing Aboriginal or Torres Strait Islander persons in the area in which the prisoner died; and if practicable, an elder, respected person or indigenous spiritual healer who was relevant to the prisoner.\n(sec.24-ssec.2) The chief executive must keep records, prescribed under a regulation, of the prisoner’s death.\n(sec.24-ssec.3) In this section— prisoner includes a person who, immediately before the person’s death, was a prisoner, but does not include a prisoner released on parole.\n- (a) if the corrective services facility is a prison—a health practitioner;\n- (b) the police officer in charge of the police station nearest to the place where the prisoner died;\n- (c) the person nominated by the prisoner as the prisoner’s contact person;\n- (d) a religious visitor;\n- (e) for an Aboriginal or Torres Strait Islander prisoner— (i) an Aboriginal or Torres Strait Islander legal service representing Aboriginal or Torres Strait Islander persons in the area in which the prisoner died; and (ii) if practicable, an elder, respected person or indigenous spiritual healer who was relevant to the prisoner.\n- (i) an Aboriginal or Torres Strait Islander legal service representing Aboriginal or Torres Strait Islander persons in the area in which the prisoner died; and\n- (ii) if practicable, an elder, respected person or indigenous spiritual healer who was relevant to the prisoner.\n- (i) an Aboriginal or Torres Strait Islander legal service representing Aboriginal or Torres Strait Islander persons in the area in which the prisoner died; and\n- (ii) if practicable, an elder, respected person or indigenous spiritual healer who was relevant to the prisoner.","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Registration of birth","content":"### sec.25 Registration of birth\n\nIf, when a child is born, a parent of the child is a prisoner, the birth certificate for the child must not—\nstate that fact; or\ncontain any information from which that fact can reasonably be inferred.\nIf the showing of an address that is required by the Births, Deaths and Marriages Registration Act 2023 to be shown would contravene subsection (1) (a) , the address must be shown as the city or town in which, or nearest to which, the address is situated.\ns 25 amd 2024 No. 25 s 3 sch 1 ; 2023 No. 17 s 164\n(sec.25-ssec.1) If, when a child is born, a parent of the child is a prisoner, the birth certificate for the child must not— state that fact; or contain any information from which that fact can reasonably be inferred.\n(sec.25-ssec.2) If the showing of an address that is required by the Births, Deaths and Marriages Registration Act 2023 to be shown would contravene subsection (1) (a) , the address must be shown as the city or town in which, or nearest to which, the address is situated.\n- (a) state that fact; or\n- (b) contain any information from which that fact can reasonably be inferred.","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Marriage","content":"### sec.26 Marriage\n\nA person in the chief executive’s custody must give the chief executive written notice before lodging a notice of intention to marry under the Marriage Act 1961 (Cwlth) .\nMaximum penalty—20 penalty units.\nA prisoner may be married in a corrective services facility only with the chief executive’s approval and the marriage must be conducted in the way decided by the chief executive.\n(sec.26-ssec.1) A person in the chief executive’s custody must give the chief executive written notice before lodging a notice of intention to marry under the Marriage Act 1961 (Cwlth) . Maximum penalty—20 penalty units.\n(sec.26-ssec.2) A prisoner may be married in a corrective services facility only with the chief executive’s approval and the marriage must be conducted in the way decided by the chief executive.","sortOrder":34},{"sectionNumber":"sec.26A","sectionType":"section","heading":"Civil partnerships","content":"### sec.26A Civil partnerships\n\nA person in the chief executive’s custody must give the chief executive written notice before—\napplying under the Civil Partnerships Act 2011 , section 7 for registration of a relationship as a civil partnership; or\ngiving a notice of intention to enter into a civil partnership under the Civil Partnerships Act 2011 , section 10 .\nMaximum penalty—20 penalty units.\nA prisoner may make a declaration of civil partnership under the Civil Partnerships Act 2011 , section 11 in a corrective services facility only with the chief executive’s approval.\nThe making of the declaration must be conducted in the way decided by the chief executive.\ns 26A ins 2011 No. 46 s 49\nsub 2012 No. 12 s 48 ; 2016 No. 33 s 44\n(sec.26A-ssec.1) A person in the chief executive’s custody must give the chief executive written notice before— applying under the Civil Partnerships Act 2011 , section 7 for registration of a relationship as a civil partnership; or giving a notice of intention to enter into a civil partnership under the Civil Partnerships Act 2011 , section 10 . Maximum penalty—20 penalty units.\n(sec.26A-ssec.2) A prisoner may make a declaration of civil partnership under the Civil Partnerships Act 2011 , section 11 in a corrective services facility only with the chief executive’s approval.\n(sec.26A-ssec.3) The making of the declaration must be conducted in the way decided by the chief executive.\n- (a) applying under the Civil Partnerships Act 2011 , section 7 for registration of a relationship as a civil partnership; or\n- (b) giving a notice of intention to enter into a civil partnership under the Civil Partnerships Act 2011 , section 10 .","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Change of name","content":"### sec.27 Change of name\n\nA person in the chief executive’s custody must obtain the chief executive’s written permission before applying to change the person’s name under—\nthe Births, Deaths and Marriages Registration Act 2023 ; or\nan equivalent law of another State providing for the registration of a change to the person’s name.\nMaximum penalty—20 penalty units or 6 months imprisonment.\nIn deciding whether to give the permission, the chief executive must consider each of the following—\nwhether the proposed name change poses a risk to the good order or security of a corrective services facility;\nthe safety and welfare of the person and other persons;\nwhether the chief executive reasonably believes the proposed name change could be used to further an unlawful activity or purpose;\nwhether the proposed change of name could be considered offensive to, or cause physical, mental or emotional harm to, a victim of a crime or an immediate family member of a deceased victim of a crime.\nSubsection (4) applies if the chief executive becomes aware that a person in the chief executive’s custody has failed to comply with subsection (1) (a) in registering a change of the person’s name under the Births, Deaths and Marriages Registration Act 2023 .\nThe chief executive may apply to the registrar under the Births, Deaths and Marriages Registration Act 2023 for the cancellation of the registration.\ns 27 amd 2016 No. 42 s 4 ; 2023 No. 17 s 165\n(sec.27-ssec.1) A person in the chief executive’s custody must obtain the chief executive’s written permission before applying to change the person’s name under— the Births, Deaths and Marriages Registration Act 2023 ; or an equivalent law of another State providing for the registration of a change to the person’s name. Maximum penalty—20 penalty units or 6 months imprisonment.\n(sec.27-ssec.2) In deciding whether to give the permission, the chief executive must consider each of the following— whether the proposed name change poses a risk to the good order or security of a corrective services facility; the safety and welfare of the person and other persons; whether the chief executive reasonably believes the proposed name change could be used to further an unlawful activity or purpose; whether the proposed change of name could be considered offensive to, or cause physical, mental or emotional harm to, a victim of a crime or an immediate family member of a deceased victim of a crime.\n(sec.27-ssec.3) Subsection (4) applies if the chief executive becomes aware that a person in the chief executive’s custody has failed to comply with subsection (1) (a) in registering a change of the person’s name under the Births, Deaths and Marriages Registration Act 2023 .\n(sec.27-ssec.4) The chief executive may apply to the registrar under the Births, Deaths and Marriages Registration Act 2023 for the cancellation of the registration.\n- (a) the Births, Deaths and Marriages Registration Act 2023 ; or\n- (b) an equivalent law of another State providing for the registration of a change to the person’s name.\n- (a) whether the proposed name change poses a risk to the good order or security of a corrective services facility;\n- (b) the safety and welfare of the person and other persons;\n- (c) whether the chief executive reasonably believes the proposed name change could be used to further an unlawful activity or purpose;\n- (d) whether the proposed change of name could be considered offensive to, or cause physical, mental or emotional harm to, a victim of a crime or an immediate family member of a deceased victim of a crime.","sortOrder":36},{"sectionNumber":"sec.27AA","sectionType":"section","heading":"Alteration of record of sex and recognised details certificate","content":"### sec.27AA Alteration of record of sex and recognised details certificate\n\nA person in the chief executive’s custody, other than a person released on parole, must obtain the chief executive’s written permission before applying—\nto alter the record of sex of the person in the relevant child register under the Births, Deaths and Marriages Registration Act 2023 ; or\nfor a recognised details certificate for the person under the Births, Deaths and Marriages Registration Act 2023 ; or\nto alter the record of sex of the person under an equivalent law of another State providing for the alteration of the record of sex of the person; or\nfor a recognised details certificate for the person under an equivalent law of another State providing for the issue of a recognised details certificate for the person.\nMaximum penalty—20 penalty units or 6 months imprisonment.\nIn deciding whether to give the permission, the chief executive must consider each of the following—\nwhether the proposed alteration of record of sex or recognised details certificate poses a risk to the good order or security of a corrective services facility;\nthe safety and welfare of the person and other persons;\nwhether the chief executive reasonably believes the proposed alteration of record of sex or recognised details certificate could be used to further an unlawful activity or purpose;\nwhether the proposed alteration of record of sex or recognised details certificate could be considered offensive to, or cause physical, mental or emotional harm to, a victim of a crime or an immediate family member of a deceased victim of a crime.\nSubsection (4) applies if the chief executive becomes aware that a person mentioned in subsection (1) has failed to comply with subsection (1) (a) in altering the record of sex of the person under the Births, Deaths and Marriages Registration Act 2023 .\nThe chief executive may apply to the registrar under the Births, Deaths and Marriages Registration Act 2023 for the cancellation of the alteration of record of sex.\nSubsection (6) applies if the chief executive becomes aware that a person mentioned in subsection (1) has failed to comply with subsection (1) (b) in being issued with a recognised details certificate for the person under the Births, Deaths and Marriages Registration Act 2023 .\nThe chief executive may apply to the registrar under the Births, Deaths and Marriages Registration Act 2023 for the cancellation of the recognised details certificate.\nThe chief executive may confiscate a cancelled recognised details certificate.\ns 27AA ins 2023 No. 17 s 166\n(sec.27AA-ssec.1) A person in the chief executive’s custody, other than a person released on parole, must obtain the chief executive’s written permission before applying— to alter the record of sex of the person in the relevant child register under the Births, Deaths and Marriages Registration Act 2023 ; or for a recognised details certificate for the person under the Births, Deaths and Marriages Registration Act 2023 ; or to alter the record of sex of the person under an equivalent law of another State providing for the alteration of the record of sex of the person; or for a recognised details certificate for the person under an equivalent law of another State providing for the issue of a recognised details certificate for the person. Maximum penalty—20 penalty units or 6 months imprisonment.\n(sec.27AA-ssec.2) In deciding whether to give the permission, the chief executive must consider each of the following— whether the proposed alteration of record of sex or recognised details certificate poses a risk to the good order or security of a corrective services facility; the safety and welfare of the person and other persons; whether the chief executive reasonably believes the proposed alteration of record of sex or recognised details certificate could be used to further an unlawful activity or purpose; whether the proposed alteration of record of sex or recognised details certificate could be considered offensive to, or cause physical, mental or emotional harm to, a victim of a crime or an immediate family member of a deceased victim of a crime.\n(sec.27AA-ssec.3) Subsection (4) applies if the chief executive becomes aware that a person mentioned in subsection (1) has failed to comply with subsection (1) (a) in altering the record of sex of the person under the Births, Deaths and Marriages Registration Act 2023 .\n(sec.27AA-ssec.4) The chief executive may apply to the registrar under the Births, Deaths and Marriages Registration Act 2023 for the cancellation of the alteration of record of sex.\n(sec.27AA-ssec.5) Subsection (6) applies if the chief executive becomes aware that a person mentioned in subsection (1) has failed to comply with subsection (1) (b) in being issued with a recognised details certificate for the person under the Births, Deaths and Marriages Registration Act 2023 .\n(sec.27AA-ssec.6) The chief executive may apply to the registrar under the Births, Deaths and Marriages Registration Act 2023 for the cancellation of the recognised details certificate.\n(sec.27AA-ssec.7) The chief executive may confiscate a cancelled recognised details certificate.\n- (a) to alter the record of sex of the person in the relevant child register under the Births, Deaths and Marriages Registration Act 2023 ; or\n- (b) for a recognised details certificate for the person under the Births, Deaths and Marriages Registration Act 2023 ; or\n- (c) to alter the record of sex of the person under an equivalent law of another State providing for the alteration of the record of sex of the person; or\n- (d) for a recognised details certificate for the person under an equivalent law of another State providing for the issue of a recognised details certificate for the person.\n- (a) whether the proposed alteration of record of sex or recognised details certificate poses a risk to the good order or security of a corrective services facility;\n- (b) the safety and welfare of the person and other persons;\n- (c) whether the chief executive reasonably believes the proposed alteration of record of sex or recognised details certificate could be used to further an unlawful activity or purpose;\n- (d) whether the proposed alteration of record of sex or recognised details certificate could be considered offensive to, or cause physical, mental or emotional harm to, a victim of a crime or an immediate family member of a deceased victim of a crime.","sortOrder":37},{"sectionNumber":"sec.27AB","sectionType":"section","heading":"Written permission does not limit chief executive’s powers","content":"### sec.27AB Written permission does not limit chief executive’s powers\n\nThe fact that the chief executive gives written permission for a person in the chief executive’s custody, other than a person released on parole, to make an application mentioned in section 27AA (1) does not limit the powers of the chief executive under this Act or another Act in relation to the custody of the person.\nthe power of the chief executive under section 9 (2) to require that a person be taken to and detained in a corrective services facility specified by the chief executive\nthe power of the chief executive under section 68 (1) to order the transfer of a prisoner from a corrective services facility\nthe general powers of the chief executive under section 263\ns 27AB ins 2023 No. 17 s 166\n- • the power of the chief executive under section 9 (2) to require that a person be taken to and detained in a corrective services facility specified by the chief executive\n- • the power of the chief executive under section 68 (1) to order the transfer of a prisoner from a corrective services facility\n- • the general powers of the chief executive under section 263","sortOrder":38},{"sectionNumber":"ch.2-pt.2-div.1A","sectionType":"division","heading":"Carrying on business or dealing in artwork","content":"## Carrying on business or dealing in artwork","sortOrder":39},{"sectionNumber":"sec.27A","sectionType":"section","heading":"Definitions for div 1A","content":"### sec.27A Definitions for div 1A\n\nIn this division—\npossession , of a prisoner’s artwork, means—\ncustody or control of it; or\nthe ability or right to obtain custody or control of it.\nprisoner’s artwork means any visual art, performing art or literature made or produced by a prisoner while the prisoner is in a corrective services facility.\ns 27A ins 2009 No. 30 s 6\n- (a) custody or control of it; or\n- (b) the ability or right to obtain custody or control of it.","sortOrder":40},{"sectionNumber":"sec.28","sectionType":"section","heading":"Carrying on a business","content":"### sec.28 Carrying on a business\n\nSubject to subsections (2) to (4) , a prisoner who has been sentenced, whether before or after the commencement of this section, to a period of imprisonment must not carry on, or participate in the carrying on of, a business while the prisoner is in a corrective services facility.\nthe painting of artwork to be sold on the internet by the prisoner or by a corporation in whose management the prisoner participates including, for example, as a director\nMaximum penalty—100 penalty units.\nSubsections (3) and (4) apply to a person who is carrying on, or participating in the carrying on of, a business when the person is sentenced to a period of imprisonment (the pre-sentence business ).\nThe person must, within 21 days after being sentenced—\nstop carrying on the pre-sentence business; or\nstop participating in the carrying on of the pre-sentence business.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to the person in relation to the pre-sentence business until the end of the 21 days mentioned in subsection (3) .\n(sec.28-ssec.1) Subject to subsections (2) to (4) , a prisoner who has been sentenced, whether before or after the commencement of this section, to a period of imprisonment must not carry on, or participate in the carrying on of, a business while the prisoner is in a corrective services facility. the painting of artwork to be sold on the internet by the prisoner or by a corporation in whose management the prisoner participates including, for example, as a director Maximum penalty—100 penalty units.\n(sec.28-ssec.2) Subsections (3) and (4) apply to a person who is carrying on, or participating in the carrying on of, a business when the person is sentenced to a period of imprisonment (the pre-sentence business ).\n(sec.28-ssec.3) The person must, within 21 days after being sentenced— stop carrying on the pre-sentence business; or stop participating in the carrying on of the pre-sentence business. Maximum penalty—100 penalty units.\n(sec.28-ssec.4) Subsection (1) does not apply to the person in relation to the pre-sentence business until the end of the 21 days mentioned in subsection (3) .\n- (a) stop carrying on the pre-sentence business; or\n- (b) stop participating in the carrying on of the pre-sentence business.","sortOrder":41},{"sectionNumber":"sec.28A","sectionType":"section","heading":"Restriction on prisoner dealing with prisoner’s artwork","content":"### sec.28A Restriction on prisoner dealing with prisoner’s artwork\n\nWhile a prisoner is in a corrective services facility, the prisoner must not sell, give, give possession of, or otherwise dispose of the prisoner’s artwork, unless allowed to do so under section 28B , 28C or 28D .\nMaximum penalty—40 penalty units.\nSubsection (1) does not prevent a prisoner abandoning or destroying the artwork.\ns 28A ins 2009 No. 30 s 7\n(sec.28A-ssec.1) While a prisoner is in a corrective services facility, the prisoner must not sell, give, give possession of, or otherwise dispose of the prisoner’s artwork, unless allowed to do so under section 28B , 28C or 28D . Maximum penalty—40 penalty units.\n(sec.28A-ssec.2) Subsection (1) does not prevent a prisoner abandoning or destroying the artwork.","sortOrder":42},{"sectionNumber":"sec.28B","sectionType":"section","heading":"Giving prisoner’s artwork to a person as a gift","content":"### sec.28B Giving prisoner’s artwork to a person as a gift\n\nA prisoner may—\nwith the chief executive’s written approval, give a particular item of the prisoner’s artwork to a person as a gift; or\ndonate 1 or more items of the prisoner’s artwork to the State.\nFor deciding whether to give an approval under subsection (1) (a) , the chief executive must consider all of the following—\nthe chief executive’s estimated value of the artwork;\nthe person to whom the artwork is proposed to be given;\nthe prisoner’s stated purpose for making the gift;\nthe number of previous gifts of artwork made by the prisoner, whether or not to the same person;\nany other matter the chief executive considers relevant.\ns 28B ins 2009 No. 30 s 7\n(sec.28B-ssec.1) A prisoner may— with the chief executive’s written approval, give a particular item of the prisoner’s artwork to a person as a gift; or donate 1 or more items of the prisoner’s artwork to the State.\n(sec.28B-ssec.2) For deciding whether to give an approval under subsection (1) (a) , the chief executive must consider all of the following— the chief executive’s estimated value of the artwork; the person to whom the artwork is proposed to be given; the prisoner’s stated purpose for making the gift; the number of previous gifts of artwork made by the prisoner, whether or not to the same person; any other matter the chief executive considers relevant.\n- (a) with the chief executive’s written approval, give a particular item of the prisoner’s artwork to a person as a gift; or\n- (b) donate 1 or more items of the prisoner’s artwork to the State.\n- (a) the chief executive’s estimated value of the artwork;\n- (b) the person to whom the artwork is proposed to be given;\n- (c) the prisoner’s stated purpose for making the gift;\n- (d) the number of previous gifts of artwork made by the prisoner, whether or not to the same person;\n- (e) any other matter the chief executive considers relevant.","sortOrder":43},{"sectionNumber":"sec.28C","sectionType":"section","heading":"Giving prisoner’s artwork to a person to hold on the prisoner’s behalf","content":"### sec.28C Giving prisoner’s artwork to a person to hold on the prisoner’s behalf\n\nA prisoner may, with the chief executive’s written approval, give the prisoner’s artwork to a person other than the State to hold on the prisoner’s behalf.\nAlso, a prisoner may, if the chief executive agrees, give the prisoner’s artwork to the State to hold on the prisoner’s behalf.\ns 28C ins 2009 No. 30 s 7\n(sec.28C-ssec.1) A prisoner may, with the chief executive’s written approval, give the prisoner’s artwork to a person other than the State to hold on the prisoner’s behalf.\n(sec.28C-ssec.2) Also, a prisoner may, if the chief executive agrees, give the prisoner’s artwork to the State to hold on the prisoner’s behalf.","sortOrder":44},{"sectionNumber":"sec.28D","sectionType":"section","heading":"Giving prisoner’s artwork to the State for disposal as agreed","content":"### sec.28D Giving prisoner’s artwork to the State for disposal as agreed\n\nThe prisoner may give the prisoner’s artwork to the State for the purpose of the State’s disposing of the artwork as agreed with the prisoner.\ns 28D ins 2009 No. 30 s 7","sortOrder":45},{"sectionNumber":"sec.28E","sectionType":"section","heading":"No consideration to be paid for holding prisoner’s artwork under s 28C","content":"### sec.28E No consideration to be paid for holding prisoner’s artwork under s 28C\n\nThe prisoner must not ask for, or accept, consideration for—\ngiving the artwork to a person to hold under section 28C ; or\ndelivering the artwork to a person to hold under section 28C .\nMaximum penalty—40 penalty units.\ns 28E ins 2009 No. 30 s 7\n- (a) giving the artwork to a person to hold under section 28C ; or\n- (b) delivering the artwork to a person to hold under section 28C .","sortOrder":46},{"sectionNumber":"sec.28F","sectionType":"section","heading":"Person holding prisoner’s artwork for prisoner","content":"### sec.28F Person holding prisoner’s artwork for prisoner\n\nA person, other than the State, holding prisoner’s artwork on behalf of a prisoner must not sell, give, give possession of, or otherwise dispose of the prisoner’s artwork, unless allowed to do so under subsection (2) , (3) or (4) .\nMaximum penalty—40 penalty units.\nThe person may give the artwork—\nto the prisoner, if the prisoner is discharged or released from custody; or\nto someone else to hold on the prisoner’s behalf, if the prisoner consents.\nIf the person tells the prisoner that the person no longer wishes to hold the artwork on behalf of the prisoner—\nthe person may give the artwork—\nto another person authorised by the prisoner to hold the artwork on the prisoner’s behalf; or\nto a person authorised by the prisoner to collect the artwork for delivery to another person to hold on the prisoner’s behalf; or\nif—\nthe prisoner has not been discharged or released from custody; and\nthe person has not received authority from the prisoner to deal with the artwork under paragraph (a) within 1 month after telling the prisoner the person no longer wishes to hold the artwork on behalf of the prisoner;\nthe person may give the artwork to the chief executive.\nThe person may dispose of the artwork if all of the following apply—\nthe prisoner is discharged or released from custody;\nthe recipient makes reasonable efforts to locate the prisoner and ask the prisoner to collect, or arrange for the collection of, the artwork;\nthe artwork is not collected by or for the prisoner within 6 months after the prisoner’s discharge or release from custody.\nThe person must not ask for, or accept, consideration for—\ngiving the artwork to someone else to hold on the prisoner’s behalf; or\ngiving the artwork to a person for delivery to another person to hold on the prisoner’s behalf.\nMaximum penalty for subsection (5) —40 penalty units.\ns 28F ins 2009 No. 30 s 7\namd 2020 No. 23 s 69 s ch 1 pt 1\n(sec.28F-ssec.1) A person, other than the State, holding prisoner’s artwork on behalf of a prisoner must not sell, give, give possession of, or otherwise dispose of the prisoner’s artwork, unless allowed to do so under subsection (2) , (3) or (4) . Maximum penalty—40 penalty units.\n(sec.28F-ssec.2) The person may give the artwork— to the prisoner, if the prisoner is discharged or released from custody; or to someone else to hold on the prisoner’s behalf, if the prisoner consents.\n(sec.28F-ssec.3) If the person tells the prisoner that the person no longer wishes to hold the artwork on behalf of the prisoner— the person may give the artwork— to another person authorised by the prisoner to hold the artwork on the prisoner’s behalf; or to a person authorised by the prisoner to collect the artwork for delivery to another person to hold on the prisoner’s behalf; or if— the prisoner has not been discharged or released from custody; and the person has not received authority from the prisoner to deal with the artwork under paragraph (a) within 1 month after telling the prisoner the person no longer wishes to hold the artwork on behalf of the prisoner; the person may give the artwork to the chief executive.\n(sec.28F-ssec.4) The person may dispose of the artwork if all of the following apply— the prisoner is discharged or released from custody; the recipient makes reasonable efforts to locate the prisoner and ask the prisoner to collect, or arrange for the collection of, the artwork; the artwork is not collected by or for the prisoner within 6 months after the prisoner’s discharge or release from custody.\n(sec.28F-ssec.5) The person must not ask for, or accept, consideration for— giving the artwork to someone else to hold on the prisoner’s behalf; or giving the artwork to a person for delivery to another person to hold on the prisoner’s behalf. Maximum penalty for subsection (5) —40 penalty units.\n- (a) to the prisoner, if the prisoner is discharged or released from custody; or\n- (b) to someone else to hold on the prisoner’s behalf, if the prisoner consents.\n- (a) the person may give the artwork— (i) to another person authorised by the prisoner to hold the artwork on the prisoner’s behalf; or (ii) to a person authorised by the prisoner to collect the artwork for delivery to another person to hold on the prisoner’s behalf; or\n- (i) to another person authorised by the prisoner to hold the artwork on the prisoner’s behalf; or\n- (ii) to a person authorised by the prisoner to collect the artwork for delivery to another person to hold on the prisoner’s behalf; or\n- (b) if— (i) the prisoner has not been discharged or released from custody; and (ii) the person has not received authority from the prisoner to deal with the artwork under paragraph (a) within 1 month after telling the prisoner the person no longer wishes to hold the artwork on behalf of the prisoner;\n- (i) the prisoner has not been discharged or released from custody; and\n- (ii) the person has not received authority from the prisoner to deal with the artwork under paragraph (a) within 1 month after telling the prisoner the person no longer wishes to hold the artwork on behalf of the prisoner;\n- (i) to another person authorised by the prisoner to hold the artwork on the prisoner’s behalf; or\n- (ii) to a person authorised by the prisoner to collect the artwork for delivery to another person to hold on the prisoner’s behalf; or\n- (i) the prisoner has not been discharged or released from custody; and\n- (ii) the person has not received authority from the prisoner to deal with the artwork under paragraph (a) within 1 month after telling the prisoner the person no longer wishes to hold the artwork on behalf of the prisoner;\n- (a) the prisoner is discharged or released from custody;\n- (b) the recipient makes reasonable efforts to locate the prisoner and ask the prisoner to collect, or arrange for the collection of, the artwork;\n- (c) the artwork is not collected by or for the prisoner within 6 months after the prisoner’s discharge or release from custody.\n- (a) giving the artwork to someone else to hold on the prisoner’s behalf; or\n- (b) giving the artwork to a person for delivery to another person to hold on the prisoner’s behalf.","sortOrder":47},{"sectionNumber":"sec.28G","sectionType":"section","heading":"Prisoner and not the State has responsibility for collecting artwork held on behalf of the prisoner","content":"### sec.28G Prisoner and not the State has responsibility for collecting artwork held on behalf of the prisoner\n\nThe prisoner, and not the State, is responsible for collecting, or arranging for the collection of, the artwork from a person holding the artwork on the prisoner’s behalf if—\nthe prisoner is discharged or released from custody; or\nthe person tells the prisoner that the person no longer wishes to hold the artwork on the prisoner’s behalf.\nIf the chief executive incurs expense in dealing with the artwork under section 28F (3) (b) , the chief executive may recover the expense from the prisoner.\ns 28G ins 2009 No. 30 s 7\n(sec.28G-ssec.1) The prisoner, and not the State, is responsible for collecting, or arranging for the collection of, the artwork from a person holding the artwork on the prisoner’s behalf if— the prisoner is discharged or released from custody; or the person tells the prisoner that the person no longer wishes to hold the artwork on the prisoner’s behalf.\n(sec.28G-ssec.2) If the chief executive incurs expense in dealing with the artwork under section 28F (3) (b) , the chief executive may recover the expense from the prisoner.\n- (a) the prisoner is discharged or released from custody; or\n- (b) the person tells the prisoner that the person no longer wishes to hold the artwork on the prisoner’s behalf.","sortOrder":48},{"sectionNumber":"sec.28H","sectionType":"section","heading":"Limited liability of persons holding artwork on behalf of prisoner","content":"### sec.28H Limited liability of persons holding artwork on behalf of prisoner\n\nIf the prisoner gives the artwork to a person under section 28C , the person is not liable for—\nloss of the artwork; or\ndamage to the artwork, other than deliberate damage to it by the person.\nIf the prisoner gives the artwork to the State under section 28D , the State is not liable for loss of, or damage to, the artwork while it is in the State’s possession.\ns 28H ins 2009 No. 30 s 7\n(sec.28H-ssec.1) If the prisoner gives the artwork to a person under section 28C , the person is not liable for— loss of the artwork; or damage to the artwork, other than deliberate damage to it by the person.\n(sec.28H-ssec.2) If the prisoner gives the artwork to the State under section 28D , the State is not liable for loss of, or damage to, the artwork while it is in the State’s possession.\n- (a) loss of the artwork; or\n- (b) damage to the artwork, other than deliberate damage to it by the person.","sortOrder":49},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"Children accommodated with female prisoners","content":"## Children accommodated with female prisoners","sortOrder":50},{"sectionNumber":"sec.29","sectionType":"section","heading":"Application for accommodation of child with female prisoner","content":"### sec.29 Application for accommodation of child with female prisoner\n\nThis section applies if a female prisoner—\ngives birth to a child during her period of imprisonment; or\nhas custody of a child—\nof whom the prisoner is the mother; or\nthe subject of a court order requiring the child to live with the prisoner, whether or not the prisoner is the child’s mother.\nOn admission to the corrective services facility, the prisoner must be informed that—\nthe prisoner, or the child protection chief executive, may apply to the chief executive to have the child accommodated with the prisoner; and\nif the prisoner, or the child protection chief executive, applies and the application is successful, the prisoner will have primary responsibility for the child’s care and safety, including all costs associated with the care.\nThe following persons may apply, in the approved form, to the chief executive to have the child accommodated with the prisoner in the corrective services facility—\nthe prisoner;\nthe child protection chief executive.\nIn this section—\ncosts associated , with the care of a child, includes the cost of nappies and baby goods for the child, but does not include the cost of food and drink for the child.\n(sec.29-ssec.1) This section applies if a female prisoner— gives birth to a child during her period of imprisonment; or has custody of a child— of whom the prisoner is the mother; or the subject of a court order requiring the child to live with the prisoner, whether or not the prisoner is the child’s mother.\n(sec.29-ssec.2) On admission to the corrective services facility, the prisoner must be informed that— the prisoner, or the child protection chief executive, may apply to the chief executive to have the child accommodated with the prisoner; and if the prisoner, or the child protection chief executive, applies and the application is successful, the prisoner will have primary responsibility for the child’s care and safety, including all costs associated with the care.\n(sec.29-ssec.3) The following persons may apply, in the approved form, to the chief executive to have the child accommodated with the prisoner in the corrective services facility— the prisoner; the child protection chief executive.\n(sec.29-ssec.4) In this section— costs associated , with the care of a child, includes the cost of nappies and baby goods for the child, but does not include the cost of food and drink for the child.\n- (a) gives birth to a child during her period of imprisonment; or\n- (b) has custody of a child— (i) of whom the prisoner is the mother; or (ii) the subject of a court order requiring the child to live with the prisoner, whether or not the prisoner is the child’s mother.\n- (i) of whom the prisoner is the mother; or\n- (ii) the subject of a court order requiring the child to live with the prisoner, whether or not the prisoner is the child’s mother.\n- (i) of whom the prisoner is the mother; or\n- (ii) the subject of a court order requiring the child to live with the prisoner, whether or not the prisoner is the child’s mother.\n- (a) the prisoner, or the child protection chief executive, may apply to the chief executive to have the child accommodated with the prisoner; and\n- (b) if the prisoner, or the child protection chief executive, applies and the application is successful, the prisoner will have primary responsibility for the child’s care and safety, including all costs associated with the care.\n- (a) the prisoner;\n- (b) the child protection chief executive.","sortOrder":51},{"sectionNumber":"sec.30","sectionType":"section","heading":"Deciding application","content":"### sec.30 Deciding application\n\nThe chief executive may grant an application to have a child accommodated with a prisoner in a corrective services facility if—\nthe chief executive decides there is suitable accommodation in the facility for the child; and\neither—\nthe child is not eligible to start primary school; or\neach of the following apply—\nthe child is eligible to start primary school;\nthe prisoner is in a community corrections centre;\nthe application is only for periods during school holidays or on weekends; and\nthe child is immunised in accordance with a national immunisation program or the recommendations of a health practitioner treating the child in the corrective services facility; and\nthe child is not subject to a court order requiring the child to live with someone else; and\nfor a child in care—the child protection chief executive has consented to the child being accommodated with the prisoner; and\nthe chief executive is satisfied it is in the child’s best interests.\nIn deciding what is in the child’s best interests, the chief executive may consider each of the following—\nthe child’s—\nage and sex; and\ncultural background; and\nmental and physical health;\nthe emotional ties between the child and the child’s parents;\nthe child’s established living pattern, including, for example, the pattern of the child’s home, school, community and religious life;\nif the chief executive is satisfied the child is able to express a view, the child’s wishes.\ns 30 amd 2019 No. 26 s 290 sch 2 ; 2023 No. 14 s 52 sch 1 ; 2024 No. 25 s 3 sch 1\n(sec.30-ssec.1) The chief executive may grant an application to have a child accommodated with a prisoner in a corrective services facility if— the chief executive decides there is suitable accommodation in the facility for the child; and either— the child is not eligible to start primary school; or each of the following apply— the child is eligible to start primary school; the prisoner is in a community corrections centre; the application is only for periods during school holidays or on weekends; and the child is immunised in accordance with a national immunisation program or the recommendations of a health practitioner treating the child in the corrective services facility; and the child is not subject to a court order requiring the child to live with someone else; and for a child in care—the child protection chief executive has consented to the child being accommodated with the prisoner; and the chief executive is satisfied it is in the child’s best interests.\n(sec.30-ssec.2) In deciding what is in the child’s best interests, the chief executive may consider each of the following— the child’s— age and sex; and cultural background; and mental and physical health; the emotional ties between the child and the child’s parents; the child’s established living pattern, including, for example, the pattern of the child’s home, school, community and religious life; if the chief executive is satisfied the child is able to express a view, the child’s wishes.\n- (a) the chief executive decides there is suitable accommodation in the facility for the child; and\n- (b) either— (i) the child is not eligible to start primary school; or (ii) each of the following apply— (A) the child is eligible to start primary school; (B) the prisoner is in a community corrections centre; (C) the application is only for periods during school holidays or on weekends; and\n- (i) the child is not eligible to start primary school; or\n- (ii) each of the following apply— (A) the child is eligible to start primary school; (B) the prisoner is in a community corrections centre; (C) the application is only for periods during school holidays or on weekends; and\n- (A) the child is eligible to start primary school;\n- (B) the prisoner is in a community corrections centre;\n- (C) the application is only for periods during school holidays or on weekends; and\n- (c) the child is immunised in accordance with a national immunisation program or the recommendations of a health practitioner treating the child in the corrective services facility; and\n- (d) the child is not subject to a court order requiring the child to live with someone else; and\n- (e) for a child in care—the child protection chief executive has consented to the child being accommodated with the prisoner; and\n- (f) the chief executive is satisfied it is in the child’s best interests.\n- (i) the child is not eligible to start primary school; or\n- (ii) each of the following apply— (A) the child is eligible to start primary school; (B) the prisoner is in a community corrections centre; (C) the application is only for periods during school holidays or on weekends; and\n- (A) the child is eligible to start primary school;\n- (B) the prisoner is in a community corrections centre;\n- (C) the application is only for periods during school holidays or on weekends; and\n- (A) the child is eligible to start primary school;\n- (B) the prisoner is in a community corrections centre;\n- (C) the application is only for periods during school holidays or on weekends; and\n- (a) the child’s— (i) age and sex; and (ii) cultural background; and (iii) mental and physical health;\n- (i) age and sex; and\n- (ii) cultural background; and\n- (iii) mental and physical health;\n- (b) the emotional ties between the child and the child’s parents;\n- (c) the child’s established living pattern, including, for example, the pattern of the child’s home, school, community and religious life;\n- (d) if the chief executive is satisfied the child is able to express a view, the child’s wishes.\n- (i) age and sex; and\n- (ii) cultural background; and\n- (iii) mental and physical health;","sortOrder":52},{"sectionNumber":"sec.31","sectionType":"section","heading":"Removing child from corrective services facility","content":"### sec.31 Removing child from corrective services facility\n\nThe chief executive may remove a child being accommodated with a prisoner in a corrective services facility if any of the following apply—\na court orders that the child live with another person;\nthe chief executive is satisfied it is in the child’s best interests;\nthe prisoner with whom the child is accommodated requests the removal;\nthe child is not a child mentioned in section 30 (1) (b) (ii) and becomes eligible to start primary school;\nthe prisoner with whom the child is accommodated is transferred to another corrective services facility and the chief executive decides the accommodation at the other corrective services facility is not suitable for the child;\nthe chief executive is satisfied it is in the interests of the good order and management of the facility.\nIn deciding what is in the child’s best interests, the chief executive must consider each of the following—\nthe child’s—\nage and sex; and\nmental and physical health;\nanything else the chief executive considers relevant.\nSeparation of a child from a prisoner with whom the child is accommodated must not be used as a form of discipline against the prisoner.\n(sec.31-ssec.1) The chief executive may remove a child being accommodated with a prisoner in a corrective services facility if any of the following apply— a court orders that the child live with another person; the chief executive is satisfied it is in the child’s best interests; the prisoner with whom the child is accommodated requests the removal; the child is not a child mentioned in section 30 (1) (b) (ii) and becomes eligible to start primary school; the prisoner with whom the child is accommodated is transferred to another corrective services facility and the chief executive decides the accommodation at the other corrective services facility is not suitable for the child; the chief executive is satisfied it is in the interests of the good order and management of the facility.\n(sec.31-ssec.2) In deciding what is in the child’s best interests, the chief executive must consider each of the following— the child’s— age and sex; and mental and physical health; anything else the chief executive considers relevant.\n(sec.31-ssec.3) Separation of a child from a prisoner with whom the child is accommodated must not be used as a form of discipline against the prisoner.\n- (a) a court orders that the child live with another person;\n- (b) the chief executive is satisfied it is in the child’s best interests;\n- (c) the prisoner with whom the child is accommodated requests the removal;\n- (d) the child is not a child mentioned in section 30 (1) (b) (ii) and becomes eligible to start primary school;\n- (e) the prisoner with whom the child is accommodated is transferred to another corrective services facility and the chief executive decides the accommodation at the other corrective services facility is not suitable for the child;\n- (f) the chief executive is satisfied it is in the interests of the good order and management of the facility.\n- (a) the child’s— (i) age and sex; and (ii) mental and physical health;\n- (i) age and sex; and\n- (ii) mental and physical health;\n- (b) anything else the chief executive considers relevant.\n- (i) age and sex; and\n- (ii) mental and physical health;","sortOrder":53},{"sectionNumber":"sec.32","sectionType":"section","heading":"Search of accommodated child","content":"### sec.32 Search of accommodated child\n\nThe chief executive may require a child accommodated with a female prisoner in a corrective services facility to submit to a general search, scanning search or an imaging search before entering the facility.\nThe chief executive must not require the child to submit to a personal search or a search requiring the removal of clothing.\ns 32 amd 2023 No. 14 s 8\n(sec.32-ssec.1) The chief executive may require a child accommodated with a female prisoner in a corrective services facility to submit to a general search, scanning search or an imaging search before entering the facility.\n(sec.32-ssec.2) The chief executive must not require the child to submit to a personal search or a search requiring the removal of clothing.","sortOrder":54},{"sectionNumber":"ch.2-pt.2-div.3","sectionType":"division","heading":"Search of prisoners","content":"## Search of prisoners","sortOrder":55},{"sectionNumber":"sec.33","sectionType":"section","heading":"Power to search","content":"### sec.33 Power to search\n\nThe chief executive may order a corrective services officer—\nto conduct a general search, personal search, scanning search or an imaging search of a prisoner; or\nto search a prisoner’s room; or\nto search prisoner facilities.\nAlso, a corrective services officer may conduct a general search, personal search, scanning search or an imaging search of a prisoner if the officer reasonably suspects the prisoner possesses something that poses, or is likely to pose, a risk to—\nthe security or good order of the corrective services facility; or\nthe safety of persons in the facility.\nA power under this Act to search a prisoner in any way—\nincludes a power to search anything in the prisoner’s possession; and\nmay be exercised at any time, including, for example, on the day on which the prisoner is discharged or released.\ns 33 amd 2023 No. 14 s 9\n(sec.33-ssec.1) The chief executive may order a corrective services officer— to conduct a general search, personal search, scanning search or an imaging search of a prisoner; or to search a prisoner’s room; or to search prisoner facilities.\n(sec.33-ssec.2) Also, a corrective services officer may conduct a general search, personal search, scanning search or an imaging search of a prisoner if the officer reasonably suspects the prisoner possesses something that poses, or is likely to pose, a risk to— the security or good order of the corrective services facility; or the safety of persons in the facility.\n(sec.33-ssec.3) A power under this Act to search a prisoner in any way— includes a power to search anything in the prisoner’s possession; and may be exercised at any time, including, for example, on the day on which the prisoner is discharged or released.\n- (a) to conduct a general search, personal search, scanning search or an imaging search of a prisoner; or\n- (b) to search a prisoner’s room; or\n- (c) to search prisoner facilities.\n- (a) the security or good order of the corrective services facility; or\n- (b) the safety of persons in the facility.\n- (a) includes a power to search anything in the prisoner’s possession; and\n- (b) may be exercised at any time, including, for example, on the day on which the prisoner is discharged or released.","sortOrder":56},{"sectionNumber":"sec.34","sectionType":"section","heading":"Personal search of prisoners leaving particular part of corrective services facility","content":"### sec.34 Personal search of prisoners leaving particular part of corrective services facility\n\nThe chief executive may order the personal searching of prisoners whenever they leave a part of a corrective services facility stated in the order where prisoners have access to concealable prohibited things.\na kitchen or workshop\ns 34 amd 2024 No. 25 s 36","sortOrder":57},{"sectionNumber":"sec.35","sectionType":"section","heading":"Search requiring the removal of clothing of prisoners on chief executive’s direction","content":"### sec.35 Search requiring the removal of clothing of prisoners on chief executive’s direction\n\nThe chief executive may give a written direction to a corrective services officer for the carrying out of a search requiring the removal of clothing of prisoners as stated in the direction, including, for example, at the times stated in the direction.\nThe search must be carried out as required under the direction.\nHowever, a direction under subsection (1) does not apply to a particular prisoner if the chief executive reasonably considers it unnecessary for the search to be carried out on the prisoner because of the prisoner’s exceptional circumstances.\nA direction requires a search requiring the removal of clothing of a prisoner to be carried out when a prisoner enters a corrective services facility. A pregnant prisoner returns to the facility from an escorted antenatal visit and the corrective services officer who escorted the prisoner advises that the prisoner had no likely opportunity to obtain a prohibited thing while on the visit. The chief executive may consider it unnecessary for the search to be carried out on the prisoner.\nA search requiring the removal of clothing under this section may be preceded by another less intrusive search.\n(sec.35-ssec.1) The chief executive may give a written direction to a corrective services officer for the carrying out of a search requiring the removal of clothing of prisoners as stated in the direction, including, for example, at the times stated in the direction.\n(sec.35-ssec.2) The search must be carried out as required under the direction.\n(sec.35-ssec.3) However, a direction under subsection (1) does not apply to a particular prisoner if the chief executive reasonably considers it unnecessary for the search to be carried out on the prisoner because of the prisoner’s exceptional circumstances. A direction requires a search requiring the removal of clothing of a prisoner to be carried out when a prisoner enters a corrective services facility. A pregnant prisoner returns to the facility from an escorted antenatal visit and the corrective services officer who escorted the prisoner advises that the prisoner had no likely opportunity to obtain a prohibited thing while on the visit. The chief executive may consider it unnecessary for the search to be carried out on the prisoner.\n(sec.35-ssec.4) A search requiring the removal of clothing under this section may be preceded by another less intrusive search.","sortOrder":58},{"sectionNumber":"sec.36","sectionType":"section","heading":"Search requiring the removal of clothing of prisoners on chief executive’s order—generally","content":"### sec.36 Search requiring the removal of clothing of prisoners on chief executive’s order—generally\n\nThe chief executive may order a search requiring the removal of clothing of 1 or more prisoners if the chief executive is satisfied the search is necessary for either or both of the following—\nthe security or good order of the corrective services facility;\nthe safe custody and welfare of prisoners at the facility.\nA knife is missing from the kitchen of a corrective services facility. The chief executive may be satisfied that a search requiring the removal of clothing of each prisoner who worked in the kitchen that day is necessary for the security or good order of the facility or for the safe custody and welfare of prisoners at the facility.\nA search requiring the removal of clothing under this section may be preceded by another less intrusive search.\n(sec.36-ssec.1) The chief executive may order a search requiring the removal of clothing of 1 or more prisoners if the chief executive is satisfied the search is necessary for either or both of the following— the security or good order of the corrective services facility; the safe custody and welfare of prisoners at the facility. A knife is missing from the kitchen of a corrective services facility. The chief executive may be satisfied that a search requiring the removal of clothing of each prisoner who worked in the kitchen that day is necessary for the security or good order of the facility or for the safe custody and welfare of prisoners at the facility.\n(sec.36-ssec.2) A search requiring the removal of clothing under this section may be preceded by another less intrusive search.\n- (a) the security or good order of the corrective services facility;\n- (b) the safe custody and welfare of prisoners at the facility.","sortOrder":59},{"sectionNumber":"sec.37","sectionType":"section","heading":"Search requiring the removal of clothing on reasonable suspicion","content":"### sec.37 Search requiring the removal of clothing on reasonable suspicion\n\nThe chief executive may order a search requiring the removal of clothing of a prisoner if the chief executive reasonably suspects the prisoner has a prohibited thing concealed on the prisoner’s person.\nA search requiring the removal of clothing under this section may be preceded by another less intrusive search.\n(sec.37-ssec.1) The chief executive may order a search requiring the removal of clothing of a prisoner if the chief executive reasonably suspects the prisoner has a prohibited thing concealed on the prisoner’s person.\n(sec.37-ssec.2) A search requiring the removal of clothing under this section may be preceded by another less intrusive search.","sortOrder":60},{"sectionNumber":"sec.38","sectionType":"section","heading":"Requirements for search requiring the removal of clothing","content":"### sec.38 Requirements for search requiring the removal of clothing\n\nA search requiring the removal of clothing of a prisoner must be carried out by at least 2 corrective services officers, but by no more officers than are reasonably necessary to carry out the search.\nBefore carrying out the search, one of the corrective services officers must tell the prisoner—\nthat the prisoner will be required to remove the prisoner’s clothing during the search; and\nwhy it is necessary to remove the clothing.\nA corrective services officer carrying out the search—\nmust ensure, as far as reasonably practicable, that the way in which the prisoner is searched causes minimal embarrassment to the prisoner; and\nmust take reasonable care to protect the prisoner’s dignity; and\nmust carry out the search as quickly as reasonably practicable; and\nmust allow the prisoner to dress as soon as the search is finished.\nA corrective services officer carrying out the search must, if reasonably practicable, give the prisoner the opportunity to remain partly clothed during the search, including, for example, by allowing the prisoner to dress the prisoner’s upper body before being required to remove clothing from the lower part of the body.\nIf a corrective services officer seizes clothing because of the search, the officer must ensure the prisoner is left with, or given, reasonably appropriate clothing.\ns 38 amd 2024 No. 25 ss 37 , 3 sch 1\n(sec.38-ssec.1) A search requiring the removal of clothing of a prisoner must be carried out by at least 2 corrective services officers, but by no more officers than are reasonably necessary to carry out the search.\n(sec.38-ssec.2) Before carrying out the search, one of the corrective services officers must tell the prisoner— that the prisoner will be required to remove the prisoner’s clothing during the search; and why it is necessary to remove the clothing.\n(sec.38-ssec.3) A corrective services officer carrying out the search— must ensure, as far as reasonably practicable, that the way in which the prisoner is searched causes minimal embarrassment to the prisoner; and must take reasonable care to protect the prisoner’s dignity; and must carry out the search as quickly as reasonably practicable; and must allow the prisoner to dress as soon as the search is finished.\n(sec.38-ssec.4) A corrective services officer carrying out the search must, if reasonably practicable, give the prisoner the opportunity to remain partly clothed during the search, including, for example, by allowing the prisoner to dress the prisoner’s upper body before being required to remove clothing from the lower part of the body.\n(sec.38-ssec.5) If a corrective services officer seizes clothing because of the search, the officer must ensure the prisoner is left with, or given, reasonably appropriate clothing.\n- (a) that the prisoner will be required to remove the prisoner’s clothing during the search; and\n- (b) why it is necessary to remove the clothing.\n- (a) must ensure, as far as reasonably practicable, that the way in which the prisoner is searched causes minimal embarrassment to the prisoner; and\n- (b) must take reasonable care to protect the prisoner’s dignity; and\n- (c) must carry out the search as quickly as reasonably practicable; and\n- (d) must allow the prisoner to dress as soon as the search is finished.","sortOrder":61},{"sectionNumber":"sec.39","sectionType":"section","heading":"Body search of particular prisoner","content":"### sec.39 Body search of particular prisoner\n\nThe chief executive may authorise a health practitioner to conduct a body search of a prisoner if the chief executive reasonably believes—\nthe prisoner has ingested something that may jeopardise the prisoner’s health or wellbeing; or\nthe prisoner has a prohibited thing concealed within the prisoner’s body that may potentially be used in a way that may pose a risk to the security or good order of the facility; or\nthe search may reveal evidence of the commission of an offence or breach of discipline by the prisoner.\nTwo health practitioners must be present during the body search.\nIf the health practitioner reasonably requires help to conduct the body search, the health practitioner may ask another person to help the health practitioner.\nThe health practitioner may seize anything discovered during the body search if—\nseizing the thing would not be likely to cause grievous bodily harm to the prisoner; and\nthe health practitioner reasonably believes the thing may be evidence of the commission of an offence or breach of discipline by the prisoner.\nThe health practitioner must give a seized thing to a corrective services officer as soon as practicable after seizing it.\ns 39 amd 2023 No. 14 s 10 ; 2024 No. 25 ss 38 , 3 sch 1\n(sec.39-ssec.1) The chief executive may authorise a health practitioner to conduct a body search of a prisoner if the chief executive reasonably believes— the prisoner has ingested something that may jeopardise the prisoner’s health or wellbeing; or the prisoner has a prohibited thing concealed within the prisoner’s body that may potentially be used in a way that may pose a risk to the security or good order of the facility; or the search may reveal evidence of the commission of an offence or breach of discipline by the prisoner.\n(sec.39-ssec.2) Two health practitioners must be present during the body search.\n(sec.39-ssec.3) If the health practitioner reasonably requires help to conduct the body search, the health practitioner may ask another person to help the health practitioner.\n(sec.39-ssec.4) The health practitioner may seize anything discovered during the body search if— seizing the thing would not be likely to cause grievous bodily harm to the prisoner; and the health practitioner reasonably believes the thing may be evidence of the commission of an offence or breach of discipline by the prisoner.\n(sec.39-ssec.5) The health practitioner must give a seized thing to a corrective services officer as soon as practicable after seizing it.\n- (a) the prisoner has ingested something that may jeopardise the prisoner’s health or wellbeing; or\n- (b) the prisoner has a prohibited thing concealed within the prisoner’s body that may potentially be used in a way that may pose a risk to the security or good order of the facility; or\n- (c) the search may reveal evidence of the commission of an offence or breach of discipline by the prisoner.\n- (a) seizing the thing would not be likely to cause grievous bodily harm to the prisoner; and\n- (b) the health practitioner reasonably believes the thing may be evidence of the commission of an offence or breach of discipline by the prisoner.","sortOrder":62},{"sectionNumber":"sec.39A","sectionType":"section","heading":"Further requirements and procedures for searches","content":"### sec.39A Further requirements and procedures for searches\n\nA regulation may prescribe further requirements and procedures relating to the carrying out of a search of a prisoner, including a personal search, body search or search requiring the removal of clothing.\nWithout limiting subsection (1) , further requirements and procedures may be prescribed for—\nthe effective carrying out of the search; or\nrespecting a prisoner’s dignity; or\ntaking into account the special or diverse needs of a prisoner.\ns 39A ins 2024 No. 25 s 39\n(sec.39A-ssec.1) A regulation may prescribe further requirements and procedures relating to the carrying out of a search of a prisoner, including a personal search, body search or search requiring the removal of clothing.\n(sec.39A-ssec.2) Without limiting subsection (1) , further requirements and procedures may be prescribed for— the effective carrying out of the search; or respecting a prisoner’s dignity; or taking into account the special or diverse needs of a prisoner.\n- (a) the effective carrying out of the search; or\n- (b) respecting a prisoner’s dignity; or\n- (c) taking into account the special or diverse needs of a prisoner.","sortOrder":63},{"sectionNumber":"sec.40","sectionType":"section","heading":"Register of searches","content":"### sec.40 Register of searches\n\nThe chief executive must establish a register, for each corrective services facility, recording the details of each search carried out at the facility requiring the removal of clothing, and each body search, of a prisoner.\nThe details must include the following—\nthe reason for the search;\nthe names of the persons present during the search;\ndetails of anything seized from the prisoner.\nThe chief executive must make each register available for inspection by an official visitor.\n(sec.40-ssec.1) The chief executive must establish a register, for each corrective services facility, recording the details of each search carried out at the facility requiring the removal of clothing, and each body search, of a prisoner.\n(sec.40-ssec.2) The details must include the following— the reason for the search; the names of the persons present during the search; details of anything seized from the prisoner.\n(sec.40-ssec.3) The chief executive must make each register available for inspection by an official visitor.\n- (a) the reason for the search;\n- (b) the names of the persons present during the search;\n- (c) details of anything seized from the prisoner.","sortOrder":64},{"sectionNumber":"sec.41","sectionType":"section","heading":"Who may be required to give test sample","content":"### sec.41 Who may be required to give test sample\n\nThe chief executive may require any of the following persons to give a test sample of the type the chief executive requires—\na prisoner;\nan offender if—\nthe giving of the test sample is required by a parole order or court order; or\nfor an offender who is released on parole—the chief executive reasonably believes the offender poses a serious and immediate risk of self harm.\nThe chief executive must give the person the results of the final tests conducted on the test sample as soon as practicable after the chief executive receives the results of the final tests.\ns 41 amd 2013 No. 64 s 13 ; 2016 No. 62 s 14 ; 2020 No. 23 s 69 s ch 1 pt 1 ; 2024 No. 25 s 3 sch 1\n(sec.41-ssec.1) The chief executive may require any of the following persons to give a test sample of the type the chief executive requires— a prisoner; an offender if— the giving of the test sample is required by a parole order or court order; or for an offender who is released on parole—the chief executive reasonably believes the offender poses a serious and immediate risk of self harm.\n(sec.41-ssec.2) The chief executive must give the person the results of the final tests conducted on the test sample as soon as practicable after the chief executive receives the results of the final tests.\n- (a) a prisoner;\n- (b) an offender if— (i) the giving of the test sample is required by a parole order or court order; or (ii) for an offender who is released on parole—the chief executive reasonably believes the offender poses a serious and immediate risk of self harm.\n- (i) the giving of the test sample is required by a parole order or court order; or\n- (ii) for an offender who is released on parole—the chief executive reasonably believes the offender poses a serious and immediate risk of self harm.\n- (i) the giving of the test sample is required by a parole order or court order; or\n- (ii) for an offender who is released on parole—the chief executive reasonably believes the offender poses a serious and immediate risk of self harm.","sortOrder":65},{"sectionNumber":"sec.42","sectionType":"section","heading":"Giving test sample","content":"### sec.42 Giving test sample\n\nThe chief executive or a health practitioner may give a prisoner or an offender mentioned in section 41 (1) (b) directions about the way the prisoner or offender must give a test sample.\nOnly a health practitioner may take a sample of blood.\nA health practitioner, and anyone acting in good faith at the direction of the health practitioner, may use the force that is reasonably necessary to enable the health practitioner to take the test sample.\nA regulation may prescribe—\nthe number of corrective services officers that must be present when a test sample stated in the regulation is being taken from a prisoner; and\nhow a test sample stated in the regulation, other than a sample of blood, must be taken.\ns 42 amd 2023 No. 14 s 52 sch 1\n(sec.42-ssec.1) The chief executive or a health practitioner may give a prisoner or an offender mentioned in section 41 (1) (b) directions about the way the prisoner or offender must give a test sample.\n(sec.42-ssec.2) Only a health practitioner may take a sample of blood.\n(sec.42-ssec.3) A health practitioner, and anyone acting in good faith at the direction of the health practitioner, may use the force that is reasonably necessary to enable the health practitioner to take the test sample.\n(sec.42-ssec.4) A regulation may prescribe— the number of corrective services officers that must be present when a test sample stated in the regulation is being taken from a prisoner; and how a test sample stated in the regulation, other than a sample of blood, must be taken.\n- (a) the number of corrective services officers that must be present when a test sample stated in the regulation is being taken from a prisoner; and\n- (b) how a test sample stated in the regulation, other than a sample of blood, must be taken.","sortOrder":66},{"sectionNumber":"sec.43","sectionType":"section","heading":"Consequences of positive test sample","content":"### sec.43 Consequences of positive test sample\n\nIf a prisoner gives a positive test sample—\nthe test result may be considered when assessing the prisoner’s security classification; and\nthe prisoner may be required to undertake a medical or behavioural treatment program.\nSubsection (1) may apply in addition to the prisoner being dealt with for the commission of an offence or a breach of discipline.\nWhen acting under subsection (1) , the chief executive must take into account the circumstances of the case and the prisoner’s needs.\nA prisoner is taken to have given a positive test sample if the prisoner—\nrefuses to supply the test sample; or\nfails to supply the test sample within a reasonable time, unless the prisoner has a reasonable excuse; or\na medical condition preventing the prisoner from supplying the test sample in the time it might reasonably take another prisoner who does not have the medical condition to supply the sample\nalters or invalidates, or attempts to alter or invalidate, the results of the test sample; or\ntampers, or attempts to tamper, with the test sample.\n(sec.43-ssec.1) If a prisoner gives a positive test sample— the test result may be considered when assessing the prisoner’s security classification; and the prisoner may be required to undertake a medical or behavioural treatment program.\n(sec.43-ssec.2) Subsection (1) may apply in addition to the prisoner being dealt with for the commission of an offence or a breach of discipline.\n(sec.43-ssec.3) When acting under subsection (1) , the chief executive must take into account the circumstances of the case and the prisoner’s needs.\n(sec.43-ssec.4) A prisoner is taken to have given a positive test sample if the prisoner— refuses to supply the test sample; or fails to supply the test sample within a reasonable time, unless the prisoner has a reasonable excuse; or a medical condition preventing the prisoner from supplying the test sample in the time it might reasonably take another prisoner who does not have the medical condition to supply the sample alters or invalidates, or attempts to alter or invalidate, the results of the test sample; or tampers, or attempts to tamper, with the test sample.\n- (a) the test result may be considered when assessing the prisoner’s security classification; and\n- (b) the prisoner may be required to undertake a medical or behavioural treatment program.\n- (a) refuses to supply the test sample; or\n- (b) fails to supply the test sample within a reasonable time, unless the prisoner has a reasonable excuse; or Example of a reasonable excuse— a medical condition preventing the prisoner from supplying the test sample in the time it might reasonably take another prisoner who does not have the medical condition to supply the sample\n- (c) alters or invalidates, or attempts to alter or invalidate, the results of the test sample; or\n- (d) tampers, or attempts to tamper, with the test sample.","sortOrder":67},{"sectionNumber":"ch.2-pt.2-div.4","sectionType":"division","heading":"Mail, personal calls and other communications","content":"## Mail, personal calls and other communications","sortOrder":68},{"sectionNumber":"sec.44","sectionType":"section","heading":"Prisoner’s ordinary mail at prisoner’s own expense","content":"### sec.44 Prisoner’s ordinary mail at prisoner’s own expense\n\nA prisoner must purchase anything required for the prisoner’s ordinary mail.\nHowever, if the chief executive is satisfied that a prisoner does not have enough money to pay the postage costs, the costs may be paid for by the chief executive.\nIf subsection (2) applies to a prisoner, the prisoner may post a letter not more than twice a week, unless otherwise approved by the chief executive.\nIf a prisoner is participating in an approved activity, course or program that requires the prisoner to send things by mail, the postage costs associated with the prisoner’s participation must be paid for by the chief executive.\n(sec.44-ssec.1) A prisoner must purchase anything required for the prisoner’s ordinary mail.\n(sec.44-ssec.2) However, if the chief executive is satisfied that a prisoner does not have enough money to pay the postage costs, the costs may be paid for by the chief executive.\n(sec.44-ssec.3) If subsection (2) applies to a prisoner, the prisoner may post a letter not more than twice a week, unless otherwise approved by the chief executive.\n(sec.44-ssec.4) If a prisoner is participating in an approved activity, course or program that requires the prisoner to send things by mail, the postage costs associated with the prisoner’s participation must be paid for by the chief executive.","sortOrder":69},{"sectionNumber":"sec.45","sectionType":"section","heading":"Opening, searching and censoring mail","content":"### sec.45 Opening, searching and censoring mail\n\nA corrective services officer authorised by the chief executive may open, search and censor a prisoner’s ordinary mail.\nA corrective services officer authorised by the chief executive may, in a prisoner’s presence, open and search the prisoner’s privileged mail or mail purporting to be privileged mail, if the officer reasonably suspects the mail—\ncontains—\nsomething that may physically harm the person to whom it is addressed; or\na prohibited thing; or\nis not privileged mail.\nHowever, a corrective services officer mentioned in subsection (2) must not read a prisoner’s privileged mail, other than to establish that it is privileged mail, without the prisoner’s written consent.\nIf a corrective services officer reads a prisoner’s privileged mail, the officer must not disclose the contents to any person.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nSubject to sections 46 to 48 , after a prisoner’s mail has been searched or censored it must be—\nfor incoming mail—immediately delivered to the prisoner to whom it is addressed; or\nfor outgoing mail—immediately placed into the external mail system.\n(sec.45-ssec.1) A corrective services officer authorised by the chief executive may open, search and censor a prisoner’s ordinary mail.\n(sec.45-ssec.2) A corrective services officer authorised by the chief executive may, in a prisoner’s presence, open and search the prisoner’s privileged mail or mail purporting to be privileged mail, if the officer reasonably suspects the mail— contains— something that may physically harm the person to whom it is addressed; or a prohibited thing; or is not privileged mail.\n(sec.45-ssec.3) However, a corrective services officer mentioned in subsection (2) must not read a prisoner’s privileged mail, other than to establish that it is privileged mail, without the prisoner’s written consent.\n(sec.45-ssec.4) If a corrective services officer reads a prisoner’s privileged mail, the officer must not disclose the contents to any person. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.45-ssec.5) Subject to sections 46 to 48 , after a prisoner’s mail has been searched or censored it must be— for incoming mail—immediately delivered to the prisoner to whom it is addressed; or for outgoing mail—immediately placed into the external mail system.\n- (a) contains— (i) something that may physically harm the person to whom it is addressed; or (ii) a prohibited thing; or\n- (i) something that may physically harm the person to whom it is addressed; or\n- (ii) a prohibited thing; or\n- (b) is not privileged mail.\n- (i) something that may physically harm the person to whom it is addressed; or\n- (ii) a prohibited thing; or\n- (a) for incoming mail—immediately delivered to the prisoner to whom it is addressed; or\n- (b) for outgoing mail—immediately placed into the external mail system.","sortOrder":70},{"sectionNumber":"sec.46","sectionType":"section","heading":"Seizing and otherwise dealing with mail containing information about the commission of an offence","content":"### sec.46 Seizing and otherwise dealing with mail containing information about the commission of an offence\n\nIf a search of a prisoner’s mail reveals information about the commission of an offence—\nthe mail may be seized by—\nif it is privileged mail—the chief executive; or\nif it is ordinary mail—a corrective services officer; and\nthe chief executive must give the information revealed in the mail to the relevant law enforcement agency.\nSubsection (1) does not apply if the prisoner’s mail is privileged mail and the information is about the commission of the offence for which the prisoner is being detained.\n(sec.46-ssec.1) If a search of a prisoner’s mail reveals information about the commission of an offence— the mail may be seized by— if it is privileged mail—the chief executive; or if it is ordinary mail—a corrective services officer; and the chief executive must give the information revealed in the mail to the relevant law enforcement agency.\n(sec.46-ssec.2) Subsection (1) does not apply if the prisoner’s mail is privileged mail and the information is about the commission of the offence for which the prisoner is being detained.\n- (a) the mail may be seized by— (i) if it is privileged mail—the chief executive; or (ii) if it is ordinary mail—a corrective services officer; and\n- (i) if it is privileged mail—the chief executive; or\n- (ii) if it is ordinary mail—a corrective services officer; and\n- (b) the chief executive must give the information revealed in the mail to the relevant law enforcement agency.\n- (i) if it is privileged mail—the chief executive; or\n- (ii) if it is ordinary mail—a corrective services officer; and","sortOrder":71},{"sectionNumber":"sec.47","sectionType":"section","heading":"Seizing harmful or prohibited things contained in privileged mail","content":"### sec.47 Seizing harmful or prohibited things contained in privileged mail\n\nThe chief executive may seize something in a prisoner’s privileged mail if the thing—\nmay physically harm the person to whom it is addressed; or\nis a prohibited thing.\n- (a) may physically harm the person to whom it is addressed; or\n- (b) is a prohibited thing.","sortOrder":72},{"sectionNumber":"sec.48","sectionType":"section","heading":"Seizing ordinary mail and things contained in it","content":"### sec.48 Seizing ordinary mail and things contained in it\n\nA corrective services officer may seize a prisoner’s ordinary mail, or anything in it, to stop—\nanything that poses a risk to the security or good order of the corrective services facility entering or leaving the facility; or\nanything that appears to be intended for the commission of an offence, or a breach of a court order, entering or leaving the facility; or\nthreatening or otherwise inappropriate correspondence leaving the facility; or\ncorrespondence by a prisoner, who has been convicted of a sexual offence against a child, to a child with whom the prisoner had no relationship before being imprisoned\na prohibited thing entering or leaving the facility; or\nthe prisoner purchasing goods or services without the chief executive’s written approval.\nSubsection (1) does not apply to a document to which legal professional privilege attaches.\n(sec.48-ssec.1) A corrective services officer may seize a prisoner’s ordinary mail, or anything in it, to stop— anything that poses a risk to the security or good order of the corrective services facility entering or leaving the facility; or anything that appears to be intended for the commission of an offence, or a breach of a court order, entering or leaving the facility; or threatening or otherwise inappropriate correspondence leaving the facility; or correspondence by a prisoner, who has been convicted of a sexual offence against a child, to a child with whom the prisoner had no relationship before being imprisoned a prohibited thing entering or leaving the facility; or the prisoner purchasing goods or services without the chief executive’s written approval.\n(sec.48-ssec.2) Subsection (1) does not apply to a document to which legal professional privilege attaches.\n- (a) anything that poses a risk to the security or good order of the corrective services facility entering or leaving the facility; or\n- (b) anything that appears to be intended for the commission of an offence, or a breach of a court order, entering or leaving the facility; or\n- (c) threatening or otherwise inappropriate correspondence leaving the facility; or Example of inappropriate correspondence— correspondence by a prisoner, who has been convicted of a sexual offence against a child, to a child with whom the prisoner had no relationship before being imprisoned\n- (d) a prohibited thing entering or leaving the facility; or\n- (e) the prisoner purchasing goods or services without the chief executive’s written approval.","sortOrder":73},{"sectionNumber":"sec.49","sectionType":"section","heading":"Register of privileged mail searches","content":"### sec.49 Register of privileged mail searches\n\nThe chief executive must establish a register, for each corrective services facility, recording the following for each search of a prisoner’s privileged mail—\nthe reasons for the search, including the basis for the corrective services officer’s reasonable suspicion about the mail;\nwithout disclosing the contents of the mail, the result of the search.\nThe chief executive must make the register available for inspection by an official visitor.\n(sec.49-ssec.1) The chief executive must establish a register, for each corrective services facility, recording the following for each search of a prisoner’s privileged mail— the reasons for the search, including the basis for the corrective services officer’s reasonable suspicion about the mail; without disclosing the contents of the mail, the result of the search.\n(sec.49-ssec.2) The chief executive must make the register available for inspection by an official visitor.\n- (a) the reasons for the search, including the basis for the corrective services officer’s reasonable suspicion about the mail;\n- (b) without disclosing the contents of the mail, the result of the search.","sortOrder":74},{"sectionNumber":"sec.50","sectionType":"section","heading":"Personal calls","content":"### sec.50 Personal calls\n\nA prisoner in a corrective services facility may make personal calls on terms and conditions determined by the chief executive under section 51 .\nA personal call is a call made by a prisoner—\nto an individual on admission to a corrective services facility; or\nto an individual approved by the chief executive for the prisoner; or\nto an entity approved by the chief executive for all prisoners or for a class of prisoners.\nThe chief executive may also allow the prisoner to have a personal call in other circumstances.\nin the event of a family or other personal emergency\nA call under subdivision 3 is not a personal call .\nA personal call is to be made at the expense of the prisoner, except that—\nthe prisoner must be allowed to call an individual on admission to a corrective services facility free of charge; and\nthe chief executive may excuse a prisoner from paying for a call on grounds considered sufficient by the chief executive.\ns 50 sub 2024 No. 25 s 41\n(sec.50-ssec.1) A prisoner in a corrective services facility may make personal calls on terms and conditions determined by the chief executive under section 51 .\n(sec.50-ssec.2) A personal call is a call made by a prisoner— to an individual on admission to a corrective services facility; or to an individual approved by the chief executive for the prisoner; or to an entity approved by the chief executive for all prisoners or for a class of prisoners.\n(sec.50-ssec.3) The chief executive may also allow the prisoner to have a personal call in other circumstances. in the event of a family or other personal emergency\n(sec.50-ssec.4) A call under subdivision 3 is not a personal call .\n(sec.50-ssec.5) A personal call is to be made at the expense of the prisoner, except that— the prisoner must be allowed to call an individual on admission to a corrective services facility free of charge; and the chief executive may excuse a prisoner from paying for a call on grounds considered sufficient by the chief executive.\n- (a) to an individual on admission to a corrective services facility; or\n- (b) to an individual approved by the chief executive for the prisoner; or\n- (c) to an entity approved by the chief executive for all prisoners or for a class of prisoners.\n- (a) the prisoner must be allowed to call an individual on admission to a corrective services facility free of charge; and\n- (b) the chief executive may excuse a prisoner from paying for a call on grounds considered sufficient by the chief executive.","sortOrder":75},{"sectionNumber":"sec.51","sectionType":"section","heading":"Terms and conditions for making personal calls","content":"### sec.51 Terms and conditions for making personal calls\n\nWithout limiting the chief executive’s power to determine terms and conditions for personal calls by prisoners in corrective services facilities, the terms and conditions may govern the following matters—\nwhen personal calls may be made by prisoners;\nhow personal calls, which may include calls by audio-visual means, may be made by prisoners;\nthe length and frequency of personal calls that may be made by prisoners.\nThe terms and conditions may differentiate between prisoners according to—\nthe security classification, including risk sub-category, of the prisoners; or\nthe special needs of prisoners; or\nanother factor prescribed by regulation for this section.\nThe terms and conditions are to be set out in administrative procedures under section 265 .\nMore restrictive terms and conditions may be applied to a prisoner if the chief executive reasonably believes the prisoner is likely to use personal calls to engage in prohibited prisoner communication.\nFor subsection (4) , the chief executive may have regard to the following—\nwhether a domestic violence order or notice is, or has ever been, in force against the prisoner;\nthe terms of a domestic violence order or notice or other court order in force against the prisoner;\ninformation from a law enforcement agency;\nthe record of the prisoner relating to prohibited prisoner communication and the making of personal calls in contravention of applicable terms and conditions;\nthe nature and seriousness of the prisoner’s criminal history or history of breaching domestic violence orders or notices or other court orders;\nany other factor the chief executive considers relevant.\nThe terms and conditions must not limit a prisoner to fewer than 7 personal calls in any 7 day period.\ns 51 sub 2024 No. 25 s 41\n(sec.51-ssec.1) Without limiting the chief executive’s power to determine terms and conditions for personal calls by prisoners in corrective services facilities, the terms and conditions may govern the following matters— when personal calls may be made by prisoners; how personal calls, which may include calls by audio-visual means, may be made by prisoners; the length and frequency of personal calls that may be made by prisoners.\n(sec.51-ssec.2) The terms and conditions may differentiate between prisoners according to— the security classification, including risk sub-category, of the prisoners; or the special needs of prisoners; or another factor prescribed by regulation for this section.\n(sec.51-ssec.3) The terms and conditions are to be set out in administrative procedures under section 265 .\n(sec.51-ssec.4) More restrictive terms and conditions may be applied to a prisoner if the chief executive reasonably believes the prisoner is likely to use personal calls to engage in prohibited prisoner communication.\n(sec.51-ssec.5) For subsection (4) , the chief executive may have regard to the following— whether a domestic violence order or notice is, or has ever been, in force against the prisoner; the terms of a domestic violence order or notice or other court order in force against the prisoner; information from a law enforcement agency; the record of the prisoner relating to prohibited prisoner communication and the making of personal calls in contravention of applicable terms and conditions; the nature and seriousness of the prisoner’s criminal history or history of breaching domestic violence orders or notices or other court orders; any other factor the chief executive considers relevant.\n(sec.51-ssec.6) The terms and conditions must not limit a prisoner to fewer than 7 personal calls in any 7 day period.\n- (a) when personal calls may be made by prisoners;\n- (b) how personal calls, which may include calls by audio-visual means, may be made by prisoners;\n- (c) the length and frequency of personal calls that may be made by prisoners.\n- (a) the security classification, including risk sub-category, of the prisoners; or\n- (b) the special needs of prisoners; or\n- (c) another factor prescribed by regulation for this section.\n- (a) whether a domestic violence order or notice is, or has ever been, in force against the prisoner;\n- (b) the terms of a domestic violence order or notice or other court order in force against the prisoner;\n- (c) information from a law enforcement agency;\n- (d) the record of the prisoner relating to prohibited prisoner communication and the making of personal calls in contravention of applicable terms and conditions;\n- (e) the nature and seriousness of the prisoner’s criminal history or history of breaching domestic violence orders or notices or other court orders;\n- (f) any other factor the chief executive considers relevant.","sortOrder":76},{"sectionNumber":"sec.52","sectionType":"section","heading":"Refusing and revoking approval of individual for personal call","content":"### sec.52 Refusing and revoking approval of individual for personal call\n\nThe chief executive must not approve an individual for personal calls by a prisoner, and must revoke the approval of an individual, if the individual informs the chief executive that the individual does not consent, or no longer consents, to the prisoner calling the individual.\nThe chief executive may refuse to approve an individual, and may revoke the approval of an individual, for personal calls by a prisoner if the chief executive reasonably believes—\nthe individual is a victim or alleged victim of an offence committed or alleged to have been committed by the prisoner; or\nthe contact details proposed for a personal call to the individual are not correct or are not suitable for a personal call made by a prisoner; or\na personal call from a prisoner to the individual has been, or is likely to be, used for a prohibited prisoner communication.\nThe chief executive may suspend the approval of an individual while investigating whether the approval should be revoked under subsection (2) .\nThe suspension of an approval of an individual ceases to have effect 6 months after it was imposed if the chief executive has not before then revoked the approval or withdrawn the suspension.\nNothing in this section derogates from the power of the chief executive to revoke an approval under the Acts Interpretation Act 1954 , section 24AA .\ns 52 amd 2017 No. 15 s 24 sch 1 ; 2022 No. 18 s 55\nsub 2024 No. 25 s 41\n(sec.52-ssec.1) The chief executive must not approve an individual for personal calls by a prisoner, and must revoke the approval of an individual, if the individual informs the chief executive that the individual does not consent, or no longer consents, to the prisoner calling the individual.\n(sec.52-ssec.2) The chief executive may refuse to approve an individual, and may revoke the approval of an individual, for personal calls by a prisoner if the chief executive reasonably believes— the individual is a victim or alleged victim of an offence committed or alleged to have been committed by the prisoner; or the contact details proposed for a personal call to the individual are not correct or are not suitable for a personal call made by a prisoner; or a personal call from a prisoner to the individual has been, or is likely to be, used for a prohibited prisoner communication.\n(sec.52-ssec.3) The chief executive may suspend the approval of an individual while investigating whether the approval should be revoked under subsection (2) .\n(sec.52-ssec.4) The suspension of an approval of an individual ceases to have effect 6 months after it was imposed if the chief executive has not before then revoked the approval or withdrawn the suspension.\n(sec.52-ssec.5) Nothing in this section derogates from the power of the chief executive to revoke an approval under the Acts Interpretation Act 1954 , section 24AA .\n- (a) the individual is a victim or alleged victim of an offence committed or alleged to have been committed by the prisoner; or\n- (b) the contact details proposed for a personal call to the individual are not correct or are not suitable for a personal call made by a prisoner; or\n- (c) a personal call from a prisoner to the individual has been, or is likely to be, used for a prohibited prisoner communication.","sortOrder":77},{"sectionNumber":"sec.52A","sectionType":"section","heading":"Offence by prisoner relating to diversion of personal call","content":"### sec.52A Offence by prisoner relating to diversion of personal call\n\nA prisoner must not—\nmake a personal call knowing the call will be diverted to allow the prisoner to contact someone other than an individual approved for personal calls by the prisoner; or\nintentionally continue with a personal call—\nthe prisoner knows is diverted; or\nthat allows the prisoner to contact someone other than an individual approved for personal calls by the prisoner; or\nmake a personal call and ask the person called to make a conference call to someone other than an individual approved for personal calls by the prisoner.\nMaximum penalty—6 months imprisonment.\ns 52A ins 2024 No. 25 s 41\n- (a) make a personal call knowing the call will be diverted to allow the prisoner to contact someone other than an individual approved for personal calls by the prisoner; or\n- (b) intentionally continue with a personal call— (i) the prisoner knows is diverted; or (ii) that allows the prisoner to contact someone other than an individual approved for personal calls by the prisoner; or\n- (i) the prisoner knows is diverted; or\n- (ii) that allows the prisoner to contact someone other than an individual approved for personal calls by the prisoner; or\n- (c) make a personal call and ask the person called to make a conference call to someone other than an individual approved for personal calls by the prisoner.\n- (i) the prisoner knows is diverted; or\n- (ii) that allows the prisoner to contact someone other than an individual approved for personal calls by the prisoner; or","sortOrder":78},{"sectionNumber":"sec.52B","sectionType":"section","heading":"Recording or monitoring of personal calls","content":"### sec.52B Recording or monitoring of personal calls\n\nThe chief executive may record or monitor a prisoner’s personal calls.\nThe prisoner and the other party to a prisoner’s personal call must be told the communication may be recorded and monitored.\nIf a prisoner’s personal call recorded or monitored under this section reveals information about the commission of an offence, the chief executive must give the information to the relevant law enforcement agency.\ns 52B ins 2024 No. 25 s 41\n(sec.52B-ssec.1) The chief executive may record or monitor a prisoner’s personal calls.\n(sec.52B-ssec.2) The prisoner and the other party to a prisoner’s personal call must be told the communication may be recorded and monitored.\n(sec.52B-ssec.3) If a prisoner’s personal call recorded or monitored under this section reveals information about the commission of an offence, the chief executive must give the information to the relevant law enforcement agency.","sortOrder":79},{"sectionNumber":"sec.52C","sectionType":"section","heading":"Power to end personal calls","content":"### sec.52C Power to end personal calls\n\nThe chief executive may end a prisoner’s personal call if the chief executive reasonably believes—\nthere has been a contravention of the terms and conditions applicable to the call under section 51 ; or\nthe call is being, or has been, used to engage in prohibited prisoner communication.\ns 52C ins 2024 No. 25 s 41\n- (a) there has been a contravention of the terms and conditions applicable to the call under section 51 ; or\n- (b) the call is being, or has been, used to engage in prohibited prisoner communication.","sortOrder":80},{"sectionNumber":"sec.52D","sectionType":"section","heading":"Communication with lawyer","content":"### sec.52D Communication with lawyer\n\nA prisoner in a corrective services facility is authorised to communicate by phone or other approved means with the prisoner’s lawyer, subject to confirmation of the identity and appointment of the lawyer.\nCommunication with a prisoner under subsection (1) —\ntakes place in accordance with arrangements approved by the chief executive; and\nmust not be recorded or monitored by the chief executive.\ns 52D ins 2024 No. 25 s 41\n(sec.52D-ssec.1) A prisoner in a corrective services facility is authorised to communicate by phone or other approved means with the prisoner’s lawyer, subject to confirmation of the identity and appointment of the lawyer.\n(sec.52D-ssec.2) Communication with a prisoner under subsection (1) — takes place in accordance with arrangements approved by the chief executive; and must not be recorded or monitored by the chief executive.\n- (a) takes place in accordance with arrangements approved by the chief executive; and\n- (b) must not be recorded or monitored by the chief executive.","sortOrder":81},{"sectionNumber":"sec.52E","sectionType":"section","heading":"Other authorised prisoner communications","content":"### sec.52E Other authorised prisoner communications\n\nA prisoner in a corrective services facility may communicate with the following—\nan officer of a law enforcement agency;\nthe parole board;\nthe ombudsman;\nthe inspector of detention services.\nCommunication with a prisoner under subsection (1) —\ntakes place in accordance with arrangements approved by the chief executive; and\nmust not be recorded or monitored by the chief executive.\ns 52E ins 2024 No. 25 s 41\n(sec.52E-ssec.1) A prisoner in a corrective services facility may communicate with the following— an officer of a law enforcement agency; the parole board; the ombudsman; the inspector of detention services.\n(sec.52E-ssec.2) Communication with a prisoner under subsection (1) — takes place in accordance with arrangements approved by the chief executive; and must not be recorded or monitored by the chief executive.\n- (a) an officer of a law enforcement agency;\n- (b) the parole board;\n- (c) the ombudsman;\n- (d) the inspector of detention services.\n- (a) takes place in accordance with arrangements approved by the chief executive; and\n- (b) must not be recorded or monitored by the chief executive.","sortOrder":82},{"sectionNumber":"ch.2-pt.2-div.5","sectionType":"division","heading":"Safety orders","content":"## Safety orders","sortOrder":83},{"sectionNumber":"sec.53","sectionType":"section","heading":"Safety order","content":"### sec.53 Safety order\n\nThe chief executive may make an order (a safety order ) for a prisoner if—\nan authorised practitioner advises the chief executive that the authorised practitioner reasonably believes there is a risk of the prisoner self harming or harming someone else; or\nthe chief executive reasonably believes—\nthere is a risk of the prisoner harming, or being harmed by, someone else; or\nthe safety order is necessary for the security or good order of the corrective services facility.\nThe safety order must not be for a period longer than 1 month.\nThe safety order must state the conditions, prescribed by regulation, that apply to the prisoner’s treatment.\nThe chief executive may limit the privileges of a prisoner during the period of the safety order if the chief executive reasonably believes that during the period—\nit will not be practicable for the prisoner to receive privileges to the extent the prisoner would otherwise have received them; or\nhaving regard to the purpose of the safety order, it is not desirable that the prisoner receive privileges to the extent the prisoner would otherwise have received them.\nWithout limiting subsection (3) , the safety order must also state the extent to which, as decided by the chief executive, the prisoner may receive privileges during the period of the safety order.\nDuring the period of the safety order, the prisoner may be accommodated separately from other prisoners, including, for example, in a health centre at the corrective services facility.\nIf the prisoner is separated from other prisoners during the period of the safety order, the chief executive may provide for the prisoner’s reintegration, before the period ends—\ninto the mainstream prisoner population of the corrective services facility; or\ninto the routine that applied to the prisoner before the safety order took effect.\nIn this section—\nhealth centre means a part of a corrective services facility where prisoners are treated and medication is dispensed.\ns 53 amd 2009 No. 30 s 8 ; 2024 No. 25 s 3 sch 1 ; 2024 No. 24 s 11\n(sec.53-ssec.1) The chief executive may make an order (a safety order ) for a prisoner if— an authorised practitioner advises the chief executive that the authorised practitioner reasonably believes there is a risk of the prisoner self harming or harming someone else; or the chief executive reasonably believes— there is a risk of the prisoner harming, or being harmed by, someone else; or the safety order is necessary for the security or good order of the corrective services facility.\n(sec.53-ssec.2) The safety order must not be for a period longer than 1 month.\n(sec.53-ssec.3) The safety order must state the conditions, prescribed by regulation, that apply to the prisoner’s treatment.\n(sec.53-ssec.4) The chief executive may limit the privileges of a prisoner during the period of the safety order if the chief executive reasonably believes that during the period— it will not be practicable for the prisoner to receive privileges to the extent the prisoner would otherwise have received them; or having regard to the purpose of the safety order, it is not desirable that the prisoner receive privileges to the extent the prisoner would otherwise have received them.\n(sec.53-ssec.5) Without limiting subsection (3) , the safety order must also state the extent to which, as decided by the chief executive, the prisoner may receive privileges during the period of the safety order.\n(sec.53-ssec.6) During the period of the safety order, the prisoner may be accommodated separately from other prisoners, including, for example, in a health centre at the corrective services facility.\n(sec.53-ssec.7) If the prisoner is separated from other prisoners during the period of the safety order, the chief executive may provide for the prisoner’s reintegration, before the period ends— into the mainstream prisoner population of the corrective services facility; or into the routine that applied to the prisoner before the safety order took effect.\n(sec.53-ssec.8) In this section— health centre means a part of a corrective services facility where prisoners are treated and medication is dispensed.\n- (a) an authorised practitioner advises the chief executive that the authorised practitioner reasonably believes there is a risk of the prisoner self harming or harming someone else; or\n- (b) the chief executive reasonably believes— (i) there is a risk of the prisoner harming, or being harmed by, someone else; or (ii) the safety order is necessary for the security or good order of the corrective services facility.\n- (i) there is a risk of the prisoner harming, or being harmed by, someone else; or\n- (ii) the safety order is necessary for the security or good order of the corrective services facility.\n- (i) there is a risk of the prisoner harming, or being harmed by, someone else; or\n- (ii) the safety order is necessary for the security or good order of the corrective services facility.\n- (a) it will not be practicable for the prisoner to receive privileges to the extent the prisoner would otherwise have received them; or\n- (b) having regard to the purpose of the safety order, it is not desirable that the prisoner receive privileges to the extent the prisoner would otherwise have received them.\n- (a) into the mainstream prisoner population of the corrective services facility; or\n- (b) into the routine that applied to the prisoner before the safety order took effect.","sortOrder":84},{"sectionNumber":"sec.54","sectionType":"section","heading":"Consecutive safety orders","content":"### sec.54 Consecutive safety orders\n\nThe chief executive may make a further safety order for a prisoner to take effect at the end of an existing safety order.\nHowever, if the existing safety order was made on the advice of an authorised practitioner, the further safety order may be made only on the advice of another authorised practitioner.\nThe further safety order must be made not more than 7 days before the end of the existing safety order.\nAlso, if the existing safety order is taken to be for a period of more than 1 month under subsection (5) , the chief executive must not make the further safety order unless—\nnot more than 14 days before the end of the existing safety order, the chief executive gives written notice to the prisoner advising the prisoner that—\nthe chief executive is about to consider whether a further safety order should be made; and\nthe prisoner may, within 7 days after receiving the written notice, make submissions to the chief executive about anything relevant to the decision about making the further safety order; and\nthe chief executive considers any submission the prisoner makes under paragraph (a) (ii) .\nFor this section, 2 or more safety orders running consecutively are taken to be 1 safety order.\nInitially, a safety order for a prisoner is made for a period of 2 weeks and a further safety order for the prisoner is made under this section for a period of 3 weeks. For this section, the existing safety order is taken to have been made for a period of 5 weeks.\ns 54 amd 2024 No. 24 s 12\n(sec.54-ssec.1) The chief executive may make a further safety order for a prisoner to take effect at the end of an existing safety order.\n(sec.54-ssec.2) However, if the existing safety order was made on the advice of an authorised practitioner, the further safety order may be made only on the advice of another authorised practitioner.\n(sec.54-ssec.3) The further safety order must be made not more than 7 days before the end of the existing safety order.\n(sec.54-ssec.4) Also, if the existing safety order is taken to be for a period of more than 1 month under subsection (5) , the chief executive must not make the further safety order unless— not more than 14 days before the end of the existing safety order, the chief executive gives written notice to the prisoner advising the prisoner that— the chief executive is about to consider whether a further safety order should be made; and the prisoner may, within 7 days after receiving the written notice, make submissions to the chief executive about anything relevant to the decision about making the further safety order; and the chief executive considers any submission the prisoner makes under paragraph (a) (ii) .\n(sec.54-ssec.5) For this section, 2 or more safety orders running consecutively are taken to be 1 safety order. Initially, a safety order for a prisoner is made for a period of 2 weeks and a further safety order for the prisoner is made under this section for a period of 3 weeks. For this section, the existing safety order is taken to have been made for a period of 5 weeks.\n- (a) not more than 14 days before the end of the existing safety order, the chief executive gives written notice to the prisoner advising the prisoner that— (i) the chief executive is about to consider whether a further safety order should be made; and (ii) the prisoner may, within 7 days after receiving the written notice, make submissions to the chief executive about anything relevant to the decision about making the further safety order; and\n- (i) the chief executive is about to consider whether a further safety order should be made; and\n- (ii) the prisoner may, within 7 days after receiving the written notice, make submissions to the chief executive about anything relevant to the decision about making the further safety order; and\n- (b) the chief executive considers any submission the prisoner makes under paragraph (a) (ii) .\n- (i) the chief executive is about to consider whether a further safety order should be made; and\n- (ii) the prisoner may, within 7 days after receiving the written notice, make submissions to the chief executive about anything relevant to the decision about making the further safety order; and","sortOrder":85},{"sectionNumber":"sec.55","sectionType":"section","heading":"Review of safety order—authorised practitioner","content":"### sec.55 Review of safety order—authorised practitioner\n\nIf a safety order was made on the advice of an authorised practitioner (the advising practitioner ), the chief executive must refer the order to another authorised practitioner (the reviewing practitioner ) for review as required under subsection (2) .\nThe safety order must be reviewed—\nif the advising practitioner recommended the order be reviewed at intervals of not more than 7 days—at intervals of not more than 7 days; or\notherwise—as soon as practicable.\nThe reviewing practitioner must review the safety order as required under subsection (2) .\nAfter completing the review, the reviewing practitioner must recommend to the chief executive whether the safety order should be confirmed, amended in a particular way or cancelled.\nThe chief executive must consider the recommendation and confirm, amend or cancel the safety order.\nTo remove any doubt, it is declared that the chief executive is not bound by the reviewing practitioner’s recommendation.\ns 55 amd 2024 No. 24 s 13\n(sec.55-ssec.1) If a safety order was made on the advice of an authorised practitioner (the advising practitioner ), the chief executive must refer the order to another authorised practitioner (the reviewing practitioner ) for review as required under subsection (2) .\n(sec.55-ssec.2) The safety order must be reviewed— if the advising practitioner recommended the order be reviewed at intervals of not more than 7 days—at intervals of not more than 7 days; or otherwise—as soon as practicable.\n(sec.55-ssec.3) The reviewing practitioner must review the safety order as required under subsection (2) .\n(sec.55-ssec.4) After completing the review, the reviewing practitioner must recommend to the chief executive whether the safety order should be confirmed, amended in a particular way or cancelled.\n(sec.55-ssec.5) The chief executive must consider the recommendation and confirm, amend or cancel the safety order.\n(sec.55-ssec.6) To remove any doubt, it is declared that the chief executive is not bound by the reviewing practitioner’s recommendation.\n- (a) if the advising practitioner recommended the order be reviewed at intervals of not more than 7 days—at intervals of not more than 7 days; or\n- (b) otherwise—as soon as practicable.","sortOrder":86},{"sectionNumber":"sec.56","sectionType":"section","heading":"Review of safety order—official visitor","content":"### sec.56 Review of safety order—official visitor\n\nA prisoner subject to a safety order may apply in writing to the chief executive for referral of the order to an official visitor for review.\nAfter receiving the application, the chief executive must refer the safety order to an official visitor.\nThe official visitor must review the safety order.\nIf a safety order for a prisoner is for a period of more than 1 month, an official visitor must review the order—\nas near as practicable to the end of the first month; and\nsubsequently, at intervals of not more than 1 month until the period ends.\nWhen reviewing a safety order, an official visitor may exercise the powers mentioned in section 291 .\nAfter completing a review, an official visitor must recommend to the chief executive whether the safety order should be confirmed, amended or cancelled.\nIf the official visitor recommends that the safety order be amended by reducing the period of the order, or that the order be cancelled, the official visitor must also recommend to the chief executive what should be done about any privileges forfeited by the prisoner while the order applied to the prisoner.\nThe chief executive must consider the recommendations and either confirm, amend or cancel the safety order.\nTo remove any doubt, it is declared that the chief executive is not bound by an official visitor’s recommendations.\nFor this section, 2 or more safety orders running consecutively are taken to be 1 safety order.\n(sec.56-ssec.1) A prisoner subject to a safety order may apply in writing to the chief executive for referral of the order to an official visitor for review.\n(sec.56-ssec.2) After receiving the application, the chief executive must refer the safety order to an official visitor.\n(sec.56-ssec.3) The official visitor must review the safety order.\n(sec.56-ssec.4) If a safety order for a prisoner is for a period of more than 1 month, an official visitor must review the order— as near as practicable to the end of the first month; and subsequently, at intervals of not more than 1 month until the period ends.\n(sec.56-ssec.5) When reviewing a safety order, an official visitor may exercise the powers mentioned in section 291 .\n(sec.56-ssec.6) After completing a review, an official visitor must recommend to the chief executive whether the safety order should be confirmed, amended or cancelled.\n(sec.56-ssec.7) If the official visitor recommends that the safety order be amended by reducing the period of the order, or that the order be cancelled, the official visitor must also recommend to the chief executive what should be done about any privileges forfeited by the prisoner while the order applied to the prisoner.\n(sec.56-ssec.8) The chief executive must consider the recommendations and either confirm, amend or cancel the safety order.\n(sec.56-ssec.9) To remove any doubt, it is declared that the chief executive is not bound by an official visitor’s recommendations.\n(sec.56-ssec.10) For this section, 2 or more safety orders running consecutively are taken to be 1 safety order.\n- (a) as near as practicable to the end of the first month; and\n- (b) subsequently, at intervals of not more than 1 month until the period ends.","sortOrder":87},{"sectionNumber":"sec.57","sectionType":"section","heading":"Health examination","content":"### sec.57 Health examination\n\nIf a safety order is made for a prisoner, a health practitioner, who is not an authorised practitioner, must examine the prisoner for any health concerns—\nas soon as practicable after the order is made; and\nsubsequently, at intervals of not more than 7 days (to the greatest practicable extent) for the duration of the order.\ns 57 sub 2016 No. 42 s 5\namd 2023 No. 14 s 52 sch 1 ; 2024 No. 24 s 14\n- (a) as soon as practicable after the order is made; and\n- (b) subsequently, at intervals of not more than 7 days (to the greatest practicable extent) for the duration of the order.","sortOrder":88},{"sectionNumber":"sec.58","sectionType":"section","heading":"Temporary safety order","content":"### sec.58 Temporary safety order\n\nThe chief executive may make a temporary order (the temporary safety order ) for a prisoner if—\nan authorised practitioner is not available to advise the chief executive about the risk of the prisoner self harming or harming someone else; and\na corrective services officer or health practitioner, who is not an authorised practitioner, advises the chief executive that the officer or health practitioner reasonably believes the prisoner may self harm or harm someone else.\nThe temporary safety order must not be for a period longer than 5 days.\nThe chief executive must refer the temporary safety order to an authorised practitioner before the period ends.\nThe authorised practitioner must review the temporary safety order as soon as practicable before the period ends.\nAfter completing the review, the authorised practitioner must recommend to the chief executive whether—\nthe chief executive should make a safety order for the prisoner; or\nthe temporary safety order should be cancelled.\nThe chief executive must consider the recommendation and—\nif the recommendation is that a safety order be made for the prisoner—make a safety order for the prisoner; or\ncancel the temporary safety order.\ns 58 amd 2024 No. 25 s 3 sch 1 ; 2024 No. 24 s 15\n(sec.58-ssec.1) The chief executive may make a temporary order (the temporary safety order ) for a prisoner if— an authorised practitioner is not available to advise the chief executive about the risk of the prisoner self harming or harming someone else; and a corrective services officer or health practitioner, who is not an authorised practitioner, advises the chief executive that the officer or health practitioner reasonably believes the prisoner may self harm or harm someone else.\n(sec.58-ssec.2) The temporary safety order must not be for a period longer than 5 days.\n(sec.58-ssec.3) The chief executive must refer the temporary safety order to an authorised practitioner before the period ends.\n(sec.58-ssec.4) The authorised practitioner must review the temporary safety order as soon as practicable before the period ends.\n(sec.58-ssec.5) After completing the review, the authorised practitioner must recommend to the chief executive whether— the chief executive should make a safety order for the prisoner; or the temporary safety order should be cancelled.\n(sec.58-ssec.6) The chief executive must consider the recommendation and— if the recommendation is that a safety order be made for the prisoner—make a safety order for the prisoner; or cancel the temporary safety order.\n- (a) an authorised practitioner is not available to advise the chief executive about the risk of the prisoner self harming or harming someone else; and\n- (b) a corrective services officer or health practitioner, who is not an authorised practitioner, advises the chief executive that the officer or health practitioner reasonably believes the prisoner may self harm or harm someone else.\n- (a) the chief executive should make a safety order for the prisoner; or\n- (b) the temporary safety order should be cancelled.\n- (a) if the recommendation is that a safety order be made for the prisoner—make a safety order for the prisoner; or\n- (b) cancel the temporary safety order.","sortOrder":89},{"sectionNumber":"sec.59","sectionType":"section","heading":"Record","content":"### sec.59 Record\n\nThe chief executive must record, for each corrective services facility, the details of each prisoner subject to a safety order or temporary safety order.\nFor a safety order, the details must include each of the following—\nthe prisoner’s name, identification number and age;\nwhether the prisoner is an Aboriginal or Torres Strait Islander person;\nthe name of any authorised practitioner on whose advice the order was made;\nthe date on which the order was made;\nthe period for which the order was made;\nthe dates the prisoner was examined under section 57 ;\nif the order was reviewed—\nthe date when the review was carried out; and\nthe name of the authorised practitioner or official visitor who reviewed the order; and\nthe decision of the chief executive.\nFor a temporary safety order, the details must include each of the following—\nthe prisoner’s name, identification number and age;\nwhether the prisoner is an Aboriginal or Torres Strait Islander person;\nthe name of the corrective services officer or health practitioner on whose advice the order was made;\nthe date on which the order was made;\nthe period for which the order was made;\nthe date when the order was reviewed;\nthe name of the authorised practitioner who reviewed the order;\nthe decision of the chief executive following the review.\ns 59 amd 2024 No. 24 s 16\n(sec.59-ssec.1) The chief executive must record, for each corrective services facility, the details of each prisoner subject to a safety order or temporary safety order.\n(sec.59-ssec.2) For a safety order, the details must include each of the following— the prisoner’s name, identification number and age; whether the prisoner is an Aboriginal or Torres Strait Islander person; the name of any authorised practitioner on whose advice the order was made; the date on which the order was made; the period for which the order was made; the dates the prisoner was examined under section 57 ; if the order was reviewed— the date when the review was carried out; and the name of the authorised practitioner or official visitor who reviewed the order; and the decision of the chief executive.\n(sec.59-ssec.3) For a temporary safety order, the details must include each of the following— the prisoner’s name, identification number and age; whether the prisoner is an Aboriginal or Torres Strait Islander person; the name of the corrective services officer or health practitioner on whose advice the order was made; the date on which the order was made; the period for which the order was made; the date when the order was reviewed; the name of the authorised practitioner who reviewed the order; the decision of the chief executive following the review.\n- (a) the prisoner’s name, identification number and age;\n- (b) whether the prisoner is an Aboriginal or Torres Strait Islander person;\n- (c) the name of any authorised practitioner on whose advice the order was made;\n- (d) the date on which the order was made;\n- (e) the period for which the order was made;\n- (f) the dates the prisoner was examined under section 57 ;\n- (g) if the order was reviewed— (i) the date when the review was carried out; and (ii) the name of the authorised practitioner or official visitor who reviewed the order; and (iii) the decision of the chief executive.\n- (i) the date when the review was carried out; and\n- (ii) the name of the authorised practitioner or official visitor who reviewed the order; and\n- (iii) the decision of the chief executive.\n- (i) the date when the review was carried out; and\n- (ii) the name of the authorised practitioner or official visitor who reviewed the order; and\n- (iii) the decision of the chief executive.\n- (a) the prisoner’s name, identification number and age;\n- (b) whether the prisoner is an Aboriginal or Torres Strait Islander person;\n- (c) the name of the corrective services officer or health practitioner on whose advice the order was made;\n- (d) the date on which the order was made;\n- (e) the period for which the order was made;\n- (f) the date when the order was reviewed;\n- (g) the name of the authorised practitioner who reviewed the order;\n- (h) the decision of the chief executive following the review.","sortOrder":90},{"sectionNumber":"ch.2-pt.2-div.6","sectionType":"division","heading":"Maximum security orders","content":"## Maximum security orders","sortOrder":91},{"sectionNumber":"sec.60","sectionType":"section","heading":"Maximum security order","content":"### sec.60 Maximum security order\n\nThe chief executive may make an order (the maximum security order ) that a prisoner be accommodated in a maximum security unit.\nHowever, the chief executive may direct that the prisoner be accommodated for the whole or a part of the period for which the maximum security order is in effect in an area in the corrective services facility other than a maximum security unit.\nThe maximum security order may be made only if the chief executive reasonably believes that 1 or more of the following apply—\nthere is a high risk of the prisoner escaping or attempting to escape;\nthere is a high risk of the prisoner killing or seriously injuring other prisoners or other persons with whom the prisoner may come into contact;\ngenerally, the prisoner is a substantial threat to the security or good order of the corrective services facility.\nThe maximum security order must not be for a period longer than 6 months.\ns 60 amd 2020 No. 23 s 4 ; 2023 No. 14 s 11\n(sec.60-ssec.1) The chief executive may make an order (the maximum security order ) that a prisoner be accommodated in a maximum security unit.\n(sec.60-ssec.2) However, the chief executive may direct that the prisoner be accommodated for the whole or a part of the period for which the maximum security order is in effect in an area in the corrective services facility other than a maximum security unit.\n(sec.60-ssec.3) The maximum security order may be made only if the chief executive reasonably believes that 1 or more of the following apply— there is a high risk of the prisoner escaping or attempting to escape; there is a high risk of the prisoner killing or seriously injuring other prisoners or other persons with whom the prisoner may come into contact; generally, the prisoner is a substantial threat to the security or good order of the corrective services facility.\n(sec.60-ssec.4) The maximum security order must not be for a period longer than 6 months.\n- (a) there is a high risk of the prisoner escaping or attempting to escape;\n- (b) there is a high risk of the prisoner killing or seriously injuring other prisoners or other persons with whom the prisoner may come into contact;\n- (c) generally, the prisoner is a substantial threat to the security or good order of the corrective services facility.","sortOrder":92},{"sectionNumber":"sec.61","sectionType":"section","heading":"Consecutive maximum security orders","content":"### sec.61 Consecutive maximum security orders\n\nThe chief executive may make a further maximum security order for a prisoner to take effect at the end of an existing maximum security order.\nThe further maximum security order must be made not more than 14 days before the end of the existing maximum security order.\nHowever, the chief executive must not make the further maximum security order unless—\nnot more than 28 days before the end of the existing maximum security order, the chief executive gives written notice to the prisoner advising the prisoner that—\nthe chief executive is about to consider whether a further maximum security order should be made; and\nthe prisoner may, within 14 days after receiving the written notice, make submissions to the chief executive about anything relevant to the decision about making the further maximum security order; and\nthe chief executive considers any submission the prisoner makes under paragraph (a) (ii) .\n(sec.61-ssec.1) The chief executive may make a further maximum security order for a prisoner to take effect at the end of an existing maximum security order.\n(sec.61-ssec.2) The further maximum security order must be made not more than 14 days before the end of the existing maximum security order.\n(sec.61-ssec.3) However, the chief executive must not make the further maximum security order unless— not more than 28 days before the end of the existing maximum security order, the chief executive gives written notice to the prisoner advising the prisoner that— the chief executive is about to consider whether a further maximum security order should be made; and the prisoner may, within 14 days after receiving the written notice, make submissions to the chief executive about anything relevant to the decision about making the further maximum security order; and the chief executive considers any submission the prisoner makes under paragraph (a) (ii) .\n- (a) not more than 28 days before the end of the existing maximum security order, the chief executive gives written notice to the prisoner advising the prisoner that— (i) the chief executive is about to consider whether a further maximum security order should be made; and (ii) the prisoner may, within 14 days after receiving the written notice, make submissions to the chief executive about anything relevant to the decision about making the further maximum security order; and\n- (i) the chief executive is about to consider whether a further maximum security order should be made; and\n- (ii) the prisoner may, within 14 days after receiving the written notice, make submissions to the chief executive about anything relevant to the decision about making the further maximum security order; and\n- (b) the chief executive considers any submission the prisoner makes under paragraph (a) (ii) .\n- (i) the chief executive is about to consider whether a further maximum security order should be made; and\n- (ii) the prisoner may, within 14 days after receiving the written notice, make submissions to the chief executive about anything relevant to the decision about making the further maximum security order; and","sortOrder":93},{"sectionNumber":"sec.62","sectionType":"section","heading":"Other matters about maximum security order","content":"### sec.62 Other matters about maximum security order\n\nA maximum security order for a prisoner must include, if it is practicable, directions about the extent to which—\nthe prisoner is to be separated from other prisoners; and\nthe prisoner is to receive privileges.\nThe privileges the prisoner may receive while subject to the maximum security order must be limited to privileges—\nthat can be enjoyed within the maximum security unit or in the area in which the prisoner is accommodated; and\nthe enjoyment of which, in the circumstances of the order, may reasonably be expected not to pose a risk to the security or good order of the corrective services facility.\nThe maximum security order may include directions about the prisoner’s access to programs and services, including training and counselling.\nThe chief executive may provide for the prisoner’s reintegration into the mainstream prisoner population of the corrective services facility before the period of the maximum security order ends.\ns 62 amd 2020 No. 23 s 5\n(sec.62-ssec.1) A maximum security order for a prisoner must include, if it is practicable, directions about the extent to which— the prisoner is to be separated from other prisoners; and the prisoner is to receive privileges.\n(sec.62-ssec.2) The privileges the prisoner may receive while subject to the maximum security order must be limited to privileges— that can be enjoyed within the maximum security unit or in the area in which the prisoner is accommodated; and the enjoyment of which, in the circumstances of the order, may reasonably be expected not to pose a risk to the security or good order of the corrective services facility.\n(sec.62-ssec.3) The maximum security order may include directions about the prisoner’s access to programs and services, including training and counselling.\n(sec.62-ssec.4) The chief executive may provide for the prisoner’s reintegration into the mainstream prisoner population of the corrective services facility before the period of the maximum security order ends.\n- (a) the prisoner is to be separated from other prisoners; and\n- (b) the prisoner is to receive privileges.\n- (a) that can be enjoyed within the maximum security unit or in the area in which the prisoner is accommodated; and\n- (b) the enjoyment of which, in the circumstances of the order, may reasonably be expected not to pose a risk to the security or good order of the corrective services facility.","sortOrder":94},{"sectionNumber":"sec.63","sectionType":"section","heading":"Review of maximum security order","content":"### sec.63 Review of maximum security order\n\nA prisoner subject to a maximum security order may apply in writing to the chief executive for referral of the order to an official visitor for review.\nHowever—\nif the period of the maximum security order is 3 months or less, the prisoner can not ask for the order to be referred more than once; or\nif the period of the maximum security order is more than 3 months, the prisoner can not ask for the order to be referred more than twice in any 6 month period.\nAfter receiving an application under subsection (1) , the chief executive must refer the maximum security order to an official visitor.\nThe official visitor must review the maximum security order.\nIn addition to the prisoner’s entitlement under subsection (2) , the prisoner may also ask for the maximum security order to be referred to an official visitor if the chief executive amends the order, other than under subsection (9) .\nThe official visitor, on the official visitor’s own initiative, must review the maximum security order if—\nthe period of the order is more than 3 months; and\nthe order has not been reviewed—\nat the prisoner’s request; or\nwithin the previous 3 months.\nWhen reviewing the maximum security order, the official visitor may exercise the powers mentioned in section 291 .\nAfter completing the review, the official visitor must recommend to the chief executive whether the maximum security order should be confirmed, amended or cancelled.\nThe chief executive must consider the recommendation and confirm, amend or cancel the maximum security order.\nTo remove any doubt, it is declared that the chief executive is not bound by the official visitor’s recommendation.\nFor this section, 2 or more maximum security orders running consecutively are taken to be 1 maximum security order.\n(sec.63-ssec.1) A prisoner subject to a maximum security order may apply in writing to the chief executive for referral of the order to an official visitor for review.\n(sec.63-ssec.2) However— if the period of the maximum security order is 3 months or less, the prisoner can not ask for the order to be referred more than once; or if the period of the maximum security order is more than 3 months, the prisoner can not ask for the order to be referred more than twice in any 6 month period.\n(sec.63-ssec.3) After receiving an application under subsection (1) , the chief executive must refer the maximum security order to an official visitor.\n(sec.63-ssec.4) The official visitor must review the maximum security order.\n(sec.63-ssec.5) In addition to the prisoner’s entitlement under subsection (2) , the prisoner may also ask for the maximum security order to be referred to an official visitor if the chief executive amends the order, other than under subsection (9) .\n(sec.63-ssec.6) The official visitor, on the official visitor’s own initiative, must review the maximum security order if— the period of the order is more than 3 months; and the order has not been reviewed— at the prisoner’s request; or within the previous 3 months.\n(sec.63-ssec.7) When reviewing the maximum security order, the official visitor may exercise the powers mentioned in section 291 .\n(sec.63-ssec.8) After completing the review, the official visitor must recommend to the chief executive whether the maximum security order should be confirmed, amended or cancelled.\n(sec.63-ssec.9) The chief executive must consider the recommendation and confirm, amend or cancel the maximum security order.\n(sec.63-ssec.10) To remove any doubt, it is declared that the chief executive is not bound by the official visitor’s recommendation.\n(sec.63-ssec.11) For this section, 2 or more maximum security orders running consecutively are taken to be 1 maximum security order.\n- (a) if the period of the maximum security order is 3 months or less, the prisoner can not ask for the order to be referred more than once; or\n- (b) if the period of the maximum security order is more than 3 months, the prisoner can not ask for the order to be referred more than twice in any 6 month period.\n- (a) the period of the order is more than 3 months; and\n- (b) the order has not been reviewed— (i) at the prisoner’s request; or (ii) within the previous 3 months.\n- (i) at the prisoner’s request; or\n- (ii) within the previous 3 months.\n- (i) at the prisoner’s request; or\n- (ii) within the previous 3 months.","sortOrder":95},{"sectionNumber":"sec.63A","sectionType":"section","heading":"Suspension of maximum security order","content":"### sec.63A Suspension of maximum security order\n\nThis section applies if a prisoner subject to a maximum security order is transferred to another place and lawfully given into another person’s custody.\nSee, for example, section 68 (5) .\nThe maximum security order is suspended while the prisoner is in the other person’s custody.\nThe suspension ends when the prisoner returns to the chief executive’s custody.\nWithin 7 days after the prisoner returns to the corrective services facility, the chief executive must review the maximum security order and confirm, amend or cancel it.\ns 63A ins 2020 No. 23 s 6\n(sec.63A-ssec.1) This section applies if a prisoner subject to a maximum security order is transferred to another place and lawfully given into another person’s custody. See, for example, section 68 (5) .\n(sec.63A-ssec.2) The maximum security order is suspended while the prisoner is in the other person’s custody.\n(sec.63A-ssec.3) The suspension ends when the prisoner returns to the chief executive’s custody.\n(sec.63A-ssec.4) Within 7 days after the prisoner returns to the corrective services facility, the chief executive must review the maximum security order and confirm, amend or cancel it.","sortOrder":96},{"sectionNumber":"sec.64","sectionType":"section","heading":"Health examination","content":"### sec.64 Health examination\n\nIf a maximum security order is made for a prisoner, a health practitioner must examine the prisoner for any health concerns—\nas soon as practicable after the order takes effect; and\nsubsequently, at intervals of not more than 28 days (to the greatest practicable extent) for the duration of the order; and\nas soon as practicable after the order ceases to have effect.\ns 64 sub 2016 No. 42 s 6\namd 2023 No. 14 s 52 sch 1\n- (a) as soon as practicable after the order takes effect; and\n- (b) subsequently, at intervals of not more than 28 days (to the greatest practicable extent) for the duration of the order; and\n- (c) as soon as practicable after the order ceases to have effect.","sortOrder":97},{"sectionNumber":"sec.65","sectionType":"section","heading":"Record","content":"### sec.65 Record\n\nThe chief executive must record, for each corrective services facility, the details of each prisoner subject to a maximum security order.\nThe details must include each of the following—\nthe prisoner’s name, identification number and age;\nwhether the prisoner is an Aboriginal or Torres Strait Islander person;\nthe date on which the maximum security order was made;\nthe period for which the maximum security order was made;\nif the maximum security order is suspended under section 63A —\nthe date on which the order was suspended; and\nthe date on which the suspension ended;\nthe dates the prisoner was examined under section 64 ;\nif the order was reviewed—\nthe date when the review was carried out; and\nthe name of the official visitor who reviewed the order; and\nthe decision of the chief executive following the review.\ns 65 amd 2020 No. 23 s 7\n(sec.65-ssec.1) The chief executive must record, for each corrective services facility, the details of each prisoner subject to a maximum security order.\n(sec.65-ssec.2) The details must include each of the following— the prisoner’s name, identification number and age; whether the prisoner is an Aboriginal or Torres Strait Islander person; the date on which the maximum security order was made; the period for which the maximum security order was made; if the maximum security order is suspended under section 63A — the date on which the order was suspended; and the date on which the suspension ended; the dates the prisoner was examined under section 64 ; if the order was reviewed— the date when the review was carried out; and the name of the official visitor who reviewed the order; and the decision of the chief executive following the review.\n- (a) the prisoner’s name, identification number and age;\n- (b) whether the prisoner is an Aboriginal or Torres Strait Islander person;\n- (c) the date on which the maximum security order was made;\n- (d) the period for which the maximum security order was made;\n- (e) if the maximum security order is suspended under section 63A — (i) the date on which the order was suspended; and (ii) the date on which the suspension ended;\n- (i) the date on which the order was suspended; and\n- (ii) the date on which the suspension ended;\n- (f) the dates the prisoner was examined under section 64 ;\n- (g) if the order was reviewed— (i) the date when the review was carried out; and (ii) the name of the official visitor who reviewed the order; and (iii) the decision of the chief executive following the review.\n- (i) the date when the review was carried out; and\n- (ii) the name of the official visitor who reviewed the order; and\n- (iii) the decision of the chief executive following the review.\n- (i) the date on which the order was suspended; and\n- (ii) the date on which the suspension ended;\n- (i) the date when the review was carried out; and\n- (ii) the name of the official visitor who reviewed the order; and\n- (iii) the decision of the chief executive following the review.","sortOrder":98},{"sectionNumber":"ch.2-pt.2-div.6A","sectionType":"division","heading":null,"content":"","sortOrder":99},{"sectionNumber":"sec.65A","sectionType":"section","heading":null,"content":"### Section sec.65A\n\ns 65A ins 2013 No. 64 s 14\nom 2016 No. 62 s 15","sortOrder":100},{"sectionNumber":"sec.65B","sectionType":"section","heading":null,"content":"### Section sec.65B\n\ns 65B ins 2013 No. 64 s 14\nom 2016 No. 62 s 15","sortOrder":101},{"sectionNumber":"sec.65C","sectionType":"section","heading":null,"content":"### Section sec.65C\n\ns 65C ins 2013 No. 64 s 14\nsub 2016 No. 42 s 7\nom 2016 No. 62 s 15","sortOrder":102},{"sectionNumber":"sec.65D","sectionType":"section","heading":null,"content":"### Section sec.65D\n\ns 65D ins 2013 No. 64 s 14\nom 2016 No. 62 s 15","sortOrder":103},{"sectionNumber":"ch.2-pt.2-div.7","sectionType":"division","heading":"Transfer and removal of prisoners","content":"## Transfer and removal of prisoners","sortOrder":104},{"sectionNumber":"sec.66","sectionType":"section","heading":"Work order","content":"### sec.66 Work order\n\nThe chief executive may, by written order (a work order ), transfer a prisoner from a corrective services facility to a work camp.\nThe prisoner must perform community service as directed by the chief executive.\nA work order may include the conditions the chief executive reasonably considers necessary for all or any of the following—\nto help the prisoner reintegrate into the community;\nto ensure the prisoner’s good conduct;\nto stop the prisoner committing an offence.\nThe chief executive must give a copy of the work order to the prisoner.\nThe Judicial Review Act 1991 , parts 3 , 4 and 5 , other than section 41 (1) , do not apply to a decision made, or purportedly made, under this section about transferring a prisoner.\nThe Judicial Review Act 1991 , part 3 deals with statutory orders of review, part 4 deals with reasons for decisions and part 5 deals with prerogative orders and injunctions.\nIn this section—\ndecision includes a decision affected by jurisdictional error.\ns 66 amd 2020 No. 23 s 8\n(sec.66-ssec.1) The chief executive may, by written order (a work order ), transfer a prisoner from a corrective services facility to a work camp.\n(sec.66-ssec.2) The prisoner must perform community service as directed by the chief executive.\n(sec.66-ssec.3) A work order may include the conditions the chief executive reasonably considers necessary for all or any of the following— to help the prisoner reintegrate into the community; to ensure the prisoner’s good conduct; to stop the prisoner committing an offence.\n(sec.66-ssec.4) The chief executive must give a copy of the work order to the prisoner.\n(sec.66-ssec.5) The Judicial Review Act 1991 , parts 3 , 4 and 5 , other than section 41 (1) , do not apply to a decision made, or purportedly made, under this section about transferring a prisoner. The Judicial Review Act 1991 , part 3 deals with statutory orders of review, part 4 deals with reasons for decisions and part 5 deals with prerogative orders and injunctions.\n(sec.66-ssec.6) In this section— decision includes a decision affected by jurisdictional error.\n- (a) to help the prisoner reintegrate into the community;\n- (b) to ensure the prisoner’s good conduct;\n- (c) to stop the prisoner committing an offence.","sortOrder":105},{"sectionNumber":"sec.67","sectionType":"section","heading":"Restriction on eligibility for transfer to work camp","content":"### sec.67 Restriction on eligibility for transfer to work camp\n\nA prisoner is not eligible to be transferred to a work camp if—\nthe prisoner has been charged with an offence that has not been dealt with by a court; or\nthe chief executive is aware of an unexecuted warrant relating to the prisoner; or\na deportation or extradition order has been made against the prisoner; or\nan appeal has been made to a court against the prisoner’s conviction or sentence and the appeal is not decided; or\nthe prisoner is ineligible under section 68A for transfer to a low custody facility.\nWhen deciding whether to transfer a prisoner to a work camp, the chief executive must consider—\nall recommendations of the sentencing court; and\nthe risk the prisoner may pose to the community, including, for example, by considering—\nthe risk of the prisoner escaping or attempting to escape; and\nthe risk of physical or psychological harm to a member of the community and the degree of risk; and\nthe prisoner’s security classification; and\nanything else the chief executive considers relevant.\ns 67 amd 2020 No. 23 s 9\n(sec.67-ssec.1) A prisoner is not eligible to be transferred to a work camp if— the prisoner has been charged with an offence that has not been dealt with by a court; or the chief executive is aware of an unexecuted warrant relating to the prisoner; or a deportation or extradition order has been made against the prisoner; or an appeal has been made to a court against the prisoner’s conviction or sentence and the appeal is not decided; or the prisoner is ineligible under section 68A for transfer to a low custody facility.\n(sec.67-ssec.2) When deciding whether to transfer a prisoner to a work camp, the chief executive must consider— all recommendations of the sentencing court; and the risk the prisoner may pose to the community, including, for example, by considering— the risk of the prisoner escaping or attempting to escape; and the risk of physical or psychological harm to a member of the community and the degree of risk; and the prisoner’s security classification; and anything else the chief executive considers relevant.\n- (a) the prisoner has been charged with an offence that has not been dealt with by a court; or\n- (b) the chief executive is aware of an unexecuted warrant relating to the prisoner; or\n- (c) a deportation or extradition order has been made against the prisoner; or\n- (d) an appeal has been made to a court against the prisoner’s conviction or sentence and the appeal is not decided; or\n- (e) the prisoner is ineligible under section 68A for transfer to a low custody facility.\n- (a) all recommendations of the sentencing court; and\n- (b) the risk the prisoner may pose to the community, including, for example, by considering— (i) the risk of the prisoner escaping or attempting to escape; and (ii) the risk of physical or psychological harm to a member of the community and the degree of risk; and (iii) the prisoner’s security classification; and\n- (i) the risk of the prisoner escaping or attempting to escape; and\n- (ii) the risk of physical or psychological harm to a member of the community and the degree of risk; and\n- (iii) the prisoner’s security classification; and\n- (c) anything else the chief executive considers relevant.\n- (i) the risk of the prisoner escaping or attempting to escape; and\n- (ii) the risk of physical or psychological harm to a member of the community and the degree of risk; and\n- (iii) the prisoner’s security classification; and","sortOrder":106},{"sectionNumber":"sec.68","sectionType":"section","heading":"Transfer to another corrective services facility, health facility or personal care facility","content":"### sec.68 Transfer to another corrective services facility, health facility or personal care facility\n\nThe chief executive may, by written order, transfer a prisoner from a corrective services facility to—\nsubject to section 68A , another corrective services facility; or\na place for—\nmedical or psychological examination or treatment; or\nexamination or treatment for substance dependency; or\nassessment and provision of palliative or other personal care.\nThe order may include the conditions the chief executive reasonably considers necessary to effect the transfer.\nThe prisoner must be escorted by a corrective services officer or police officer.\nThe prisoner may be detained in a place for as long as is necessary or convenient to give effect to the order.\nIf a prisoner is transferred to an authorised mental health service and becomes a classified patient under the Mental Health Act 2016 , the patient is taken to be in the custody of the administrator of the patient’s treating health service under that Act.\nThe Judicial Review Act 1991 , parts 3 , 4 and 5 , other than section 41 (1) , do not apply to a decision made, or purportedly made, under this section about transferring a prisoner.\nThe Judicial Review Act 1991 , part 3 deals with statutory orders of review, part 4 deals with reasons for decisions and part 5 deals with prerogative orders and injunctions.\nIn this section—\ndecision includes a decision affected by jurisdictional error.\ns 68 amd 2016 No. 5 s 923 sch 4 ; 2020 No. 23 s 10 ; 2024 No. 25 s 5\n(sec.68-ssec.1) The chief executive may, by written order, transfer a prisoner from a corrective services facility to— subject to section 68A , another corrective services facility; or a place for— medical or psychological examination or treatment; or examination or treatment for substance dependency; or assessment and provision of palliative or other personal care.\n(sec.68-ssec.2) The order may include the conditions the chief executive reasonably considers necessary to effect the transfer.\n(sec.68-ssec.3) The prisoner must be escorted by a corrective services officer or police officer.\n(sec.68-ssec.4) The prisoner may be detained in a place for as long as is necessary or convenient to give effect to the order.\n(sec.68-ssec.5) If a prisoner is transferred to an authorised mental health service and becomes a classified patient under the Mental Health Act 2016 , the patient is taken to be in the custody of the administrator of the patient’s treating health service under that Act.\n(sec.68-ssec.6) The Judicial Review Act 1991 , parts 3 , 4 and 5 , other than section 41 (1) , do not apply to a decision made, or purportedly made, under this section about transferring a prisoner. The Judicial Review Act 1991 , part 3 deals with statutory orders of review, part 4 deals with reasons for decisions and part 5 deals with prerogative orders and injunctions.\n(sec.68-ssec.7) In this section— decision includes a decision affected by jurisdictional error.\n- (a) subject to section 68A , another corrective services facility; or\n- (b) a place for— (i) medical or psychological examination or treatment; or (ii) examination or treatment for substance dependency; or (iii) assessment and provision of palliative or other personal care.\n- (i) medical or psychological examination or treatment; or\n- (ii) examination or treatment for substance dependency; or\n- (iii) assessment and provision of palliative or other personal care.\n- (i) medical or psychological examination or treatment; or\n- (ii) examination or treatment for substance dependency; or\n- (iii) assessment and provision of palliative or other personal care.","sortOrder":107},{"sectionNumber":"sec.68A","sectionType":"section","heading":"Restriction on eligibility for transfer to low custody facility","content":"### sec.68A Restriction on eligibility for transfer to low custody facility\n\nA prisoner (an ineligible prisoner ) is not eligible to be transferred from a secure facility to a low custody facility if the prisoner—\nhas been convicted of a sexual offence; or\nhas been convicted of murder; or\nis serving a life sentence.\nSubsection (1) is subject to section 271C .\nIn this section—\nlow custody facility means—\na prison, other than a secure facility; or\na community corrections centre; or\na work camp.\ns 68A ins 2020 No. 23 s 11\namd 2023 No. 14 s 52 sch 1\n(sec.68A-ssec.1) A prisoner (an ineligible prisoner ) is not eligible to be transferred from a secure facility to a low custody facility if the prisoner— has been convicted of a sexual offence; or has been convicted of murder; or is serving a life sentence.\n(sec.68A-ssec.2) Subsection (1) is subject to section 271C .\n(sec.68A-ssec.3) In this section— low custody facility means— a prison, other than a secure facility; or a community corrections centre; or a work camp.\n- (a) has been convicted of a sexual offence; or\n- (b) has been convicted of murder; or\n- (c) is serving a life sentence.\n- (a) a prison, other than a secure facility; or\n- (b) a community corrections centre; or\n- (c) a work camp.","sortOrder":108},{"sectionNumber":"sec.69","sectionType":"section","heading":"Transfer to court","content":"### sec.69 Transfer to court\n\nThe chief executive must produce a prisoner at the time and place, and for the purpose, stated in a court order or an attendance authority.\nA party to a civil proceeding who requires a prisoner to attend court must pay to the chief executive the expenses for the prisoner’s attendance.\nThe transfer of a prisoner to a court must be authorised by an order of the chief executive, even if it is required by a court order or an attendance authority.\nIn this section—\nattendance authority means—\na summons under the Justices Act 1886 ; or\na notice to appear under the Police Powers and Responsibilities Act 2000 ; or\na law list published by a court; or\na notice from a court to the chief executive advising that the prisoner is required to be present in the court for a particular matter.\ncivil proceeding does not include—\na criminal proceeding; or\na proceeding relating to corrupt conduct alleged against a staff member.\ncourt includes a tribunal or person with power to compel persons to attend before it, him or her.\ns 69 amd 2009 No. 30 s 9 ; 2014 No. 21 s 94 (2) sch 2\n(sec.69-ssec.1) The chief executive must produce a prisoner at the time and place, and for the purpose, stated in a court order or an attendance authority.\n(sec.69-ssec.2) A party to a civil proceeding who requires a prisoner to attend court must pay to the chief executive the expenses for the prisoner’s attendance.\n(sec.69-ssec.3) The transfer of a prisoner to a court must be authorised by an order of the chief executive, even if it is required by a court order or an attendance authority.\n(sec.69-ssec.4) In this section— attendance authority means— a summons under the Justices Act 1886 ; or a notice to appear under the Police Powers and Responsibilities Act 2000 ; or a law list published by a court; or a notice from a court to the chief executive advising that the prisoner is required to be present in the court for a particular matter. civil proceeding does not include— a criminal proceeding; or a proceeding relating to corrupt conduct alleged against a staff member. court includes a tribunal or person with power to compel persons to attend before it, him or her.\n- (a) a summons under the Justices Act 1886 ; or\n- (b) a notice to appear under the Police Powers and Responsibilities Act 2000 ; or\n- (c) a law list published by a court; or\n- (d) a notice from a court to the chief executive advising that the prisoner is required to be present in the court for a particular matter.\n- (a) a criminal proceeding; or\n- (b) a proceeding relating to corrupt conduct alleged against a staff member.","sortOrder":109},{"sectionNumber":"sec.70","sectionType":"section","heading":"Removal of prisoner for law enforcement purposes","content":"### sec.70 Removal of prisoner for law enforcement purposes\n\nA person may, in the approved form, apply to the chief executive for a prisoner to be removed from a corrective services facility to another place to enable—\nthe prisoner to provide information to a law enforcement agency to help the agency perform its law enforcement functions; or\na law enforcement agency to question the prisoner about an indictable offence alleged to have been committed by the prisoner.\nThe chief executive may authorise the removal of the prisoner only if the prisoner, in the presence of an official visitor, agrees in writing.\nA prisoner is taken to be in the presence of an official visitor if the official visitor can see and hear the prisoner by means of a contemporaneous communication link.\nThe prisoner may be removed only by a corrective services officer or police officer.\nWhile the prisoner is absent from the corrective services facility, the prisoner is taken to be in the custody of the chief executive of the law enforcement agency.\ns 70 amd 2024 No. 25 s 6\n(sec.70-ssec.1) A person may, in the approved form, apply to the chief executive for a prisoner to be removed from a corrective services facility to another place to enable— the prisoner to provide information to a law enforcement agency to help the agency perform its law enforcement functions; or a law enforcement agency to question the prisoner about an indictable offence alleged to have been committed by the prisoner.\n(sec.70-ssec.2) The chief executive may authorise the removal of the prisoner only if the prisoner, in the presence of an official visitor, agrees in writing.\n(sec.70-ssec.3) A prisoner is taken to be in the presence of an official visitor if the official visitor can see and hear the prisoner by means of a contemporaneous communication link.\n(sec.70-ssec.4) The prisoner may be removed only by a corrective services officer or police officer.\n(sec.70-ssec.5) While the prisoner is absent from the corrective services facility, the prisoner is taken to be in the custody of the chief executive of the law enforcement agency.\n- (a) the prisoner to provide information to a law enforcement agency to help the agency perform its law enforcement functions; or\n- (b) a law enforcement agency to question the prisoner about an indictable offence alleged to have been committed by the prisoner.","sortOrder":110},{"sectionNumber":"sec.71","sectionType":"section","heading":"Reconsidering decision","content":"### sec.71 Reconsidering decision\n\nThis section applies if—\nthe chief executive decides to transfer a prisoner under section 66 or 68 , other than a preliminary transfer or a transfer for the purposes of the prisoner’s initial placement; and\nthe prisoner is dissatisfied with the decision.\nThe prisoner may, within 7 days after being given notice of the decision, apply in writing to the chief executive for a reconsideration of the decision.\nAfter reconsidering the decision, the chief executive may confirm, amend or cancel the decision.\nThe Judicial Review Act 1991 , parts 3 , 4 and 5 , other than section 41 (1) , do not apply to a decision made, or purportedly made, under subsection (3) .\nThe Judicial Review Act 1991 , part 3 deals with statutory orders of review, part 4 deals with reasons for decisions and part 5 deals with prerogative orders and injunctions.\nIn this section—\ndecision , for subsection (4) , includes a decision affected by jurisdictional error.\ninitial placement , of a prisoner who is sentenced to a period of imprisonment, means the placement of the prisoner at—\nif a preliminary transfer of the prisoner has been made—the corrective services facility to which the prisoner is transferred following the preliminary transfer; or\notherwise—the corrective services facility to which the prisoner is transferred after first being admitted to a corrective services facility on sentencing.\npreliminary transfer means the transfer on sentencing of a prisoner who is detained on remand for an offence, if the transfer is for the purposes of assessing and determining an appropriate corrective services facility for the prisoner’s initial placement.\ns 71 amd 2013 No. 64 s 15 ; 2016 No. 42 s 8 ; 2016 No. 62 s 16\n(sec.71-ssec.1) This section applies if— the chief executive decides to transfer a prisoner under section 66 or 68 , other than a preliminary transfer or a transfer for the purposes of the prisoner’s initial placement; and the prisoner is dissatisfied with the decision.\n(sec.71-ssec.2) The prisoner may, within 7 days after being given notice of the decision, apply in writing to the chief executive for a reconsideration of the decision.\n(sec.71-ssec.3) After reconsidering the decision, the chief executive may confirm, amend or cancel the decision.\n(sec.71-ssec.4) The Judicial Review Act 1991 , parts 3 , 4 and 5 , other than section 41 (1) , do not apply to a decision made, or purportedly made, under subsection (3) . The Judicial Review Act 1991 , part 3 deals with statutory orders of review, part 4 deals with reasons for decisions and part 5 deals with prerogative orders and injunctions.\n(sec.71-ssec.5) In this section— decision , for subsection (4) , includes a decision affected by jurisdictional error. initial placement , of a prisoner who is sentenced to a period of imprisonment, means the placement of the prisoner at— if a preliminary transfer of the prisoner has been made—the corrective services facility to which the prisoner is transferred following the preliminary transfer; or otherwise—the corrective services facility to which the prisoner is transferred after first being admitted to a corrective services facility on sentencing. preliminary transfer means the transfer on sentencing of a prisoner who is detained on remand for an offence, if the transfer is for the purposes of assessing and determining an appropriate corrective services facility for the prisoner’s initial placement.\n- (a) the chief executive decides to transfer a prisoner under section 66 or 68 , other than a preliminary transfer or a transfer for the purposes of the prisoner’s initial placement; and\n- (b) the prisoner is dissatisfied with the decision.\n- (a) if a preliminary transfer of the prisoner has been made—the corrective services facility to which the prisoner is transferred following the preliminary transfer; or\n- (b) otherwise—the corrective services facility to which the prisoner is transferred after first being admitted to a corrective services facility on sentencing.","sortOrder":111},{"sectionNumber":"ch.2-pt.2-div.8","sectionType":"division","heading":"Leave of absence","content":"## Leave of absence","sortOrder":112},{"sectionNumber":"sec.72","sectionType":"section","heading":"Power to grant leave","content":"### sec.72 Power to grant leave\n\nThe chief executive may, by written order, grant a prisoner—\nleave for community service ( community service leave ); or\nleave for compassionate reasons ( compassionate leave ); or\nleave for educational or vocational activities ( educational leave ); or\nleave for medical, dental or optical treatment ( health leave ); or\nleave for another purpose the chief executive is satisfied justifies granting the leave.\nThe chief executive may grant the leave on reasonable conditions stated in the order.\nThe chief executive may, if the chief executive reasonably considers it necessary, order the prisoner remain in the physical custody of, or be supervised by, a corrective services officer during the leave.\nThis section applies subject to section 73 and subdivision 3 .\ns 72 amd 2009 No. 30 s 10\n(sec.72-ssec.1) The chief executive may, by written order, grant a prisoner— leave for community service ( community service leave ); or leave for compassionate reasons ( compassionate leave ); or leave for educational or vocational activities ( educational leave ); or leave for medical, dental or optical treatment ( health leave ); or leave for another purpose the chief executive is satisfied justifies granting the leave.\n(sec.72-ssec.2) The chief executive may grant the leave on reasonable conditions stated in the order.\n(sec.72-ssec.3) The chief executive may, if the chief executive reasonably considers it necessary, order the prisoner remain in the physical custody of, or be supervised by, a corrective services officer during the leave.\n(sec.72-ssec.4) This section applies subject to section 73 and subdivision 3 .\n- (a) leave for community service ( community service leave ); or\n- (b) leave for compassionate reasons ( compassionate leave ); or\n- (c) leave for educational or vocational activities ( educational leave ); or\n- (d) leave for medical, dental or optical treatment ( health leave ); or\n- (e) leave for another purpose the chief executive is satisfied justifies granting the leave.","sortOrder":113},{"sectionNumber":"sec.73","sectionType":"section","heading":"Compassionate leave","content":"### sec.73 Compassionate leave\n\nCompassionate leave may be granted to enable a prisoner—\nto visit a relative who is seriously ill; or\nto attend a relative’s funeral; or\nfor a female prisoner who is the mother of a young child—to establish the child with a replacement primary care giver; or\nfor a prisoner who, before being imprisoned, was the primary care giver of a child—to maintain the relationship with the child; or\nfor a prisoner who is a child’s parent or kin but, before being imprisoned, was not the primary care giver of the child—to establish a relationship, or maintain the relationship, with the child.\nThe prisoner must prove the need for the leave to the chief executive’s satisfaction.\nWhen considering whether to grant compassionate leave to a prisoner, the chief executive must take into account the prisoner’s culturally specific needs.\nIn this section—\nkin , in relation to a child, see the Child Protection Act 1999 , schedule 3 .\ns 73 amd 2020 No. 23 s 12\n(sec.73-ssec.1) Compassionate leave may be granted to enable a prisoner— to visit a relative who is seriously ill; or to attend a relative’s funeral; or for a female prisoner who is the mother of a young child—to establish the child with a replacement primary care giver; or for a prisoner who, before being imprisoned, was the primary care giver of a child—to maintain the relationship with the child; or for a prisoner who is a child’s parent or kin but, before being imprisoned, was not the primary care giver of the child—to establish a relationship, or maintain the relationship, with the child.\n(sec.73-ssec.2) The prisoner must prove the need for the leave to the chief executive’s satisfaction.\n(sec.73-ssec.3) When considering whether to grant compassionate leave to a prisoner, the chief executive must take into account the prisoner’s culturally specific needs.\n(sec.73-ssec.4) In this section— kin , in relation to a child, see the Child Protection Act 1999 , schedule 3 .\n- (a) to visit a relative who is seriously ill; or\n- (b) to attend a relative’s funeral; or\n- (c) for a female prisoner who is the mother of a young child—to establish the child with a replacement primary care giver; or\n- (d) for a prisoner who, before being imprisoned, was the primary care giver of a child—to maintain the relationship with the child; or\n- (e) for a prisoner who is a child’s parent or kin but, before being imprisoned, was not the primary care giver of the child—to establish a relationship, or maintain the relationship, with the child.","sortOrder":114},{"sectionNumber":"sec.74","sectionType":"section","heading":null,"content":"### Section sec.74\n\ns 74 om 2009 No. 30 s 11","sortOrder":115},{"sectionNumber":"sec.75","sectionType":"section","heading":null,"content":"### Section sec.75\n\ns 75 om 2009 No. 30 s 11","sortOrder":116},{"sectionNumber":"sec.76","sectionType":"section","heading":null,"content":"### Section sec.76\n\ns 76 om 2009 No. 30 s 11","sortOrder":117},{"sectionNumber":"sec.77","sectionType":"section","heading":null,"content":"### Section sec.77\n\ns 77 om 2009 No. 30 s 11","sortOrder":118},{"sectionNumber":"sec.78","sectionType":"section","heading":null,"content":"### Section sec.78\n\ns 78 om 2009 No. 30 s 11","sortOrder":119},{"sectionNumber":"sec.79","sectionType":"section","heading":null,"content":"### Section sec.79\n\ns 79 om 2009 No. 30 s 11","sortOrder":120},{"sectionNumber":"sec.80","sectionType":"section","heading":null,"content":"### Section sec.80\n\ns 80 om 2009 No. 30 s 11","sortOrder":121},{"sectionNumber":"sec.81","sectionType":"section","heading":"Leave for prisoner serving a life sentence, or serious violent offender","content":"### sec.81 Leave for prisoner serving a life sentence, or serious violent offender\n\nThis section applies to the grant of any of the following leave to a prisoner who is serving a life sentence or is a serious violent offender—\ncommunity service leave;\neducational leave.\nIf a court ordered that the prisoner serve a stated period before being granted leave, the chief executive must not grant leave to the prisoner unless the prisoner has served at least the stated period.\nOtherwise, the chief executive must not grant leave to the prisoner unless the prisoner has reached the prisoner’s parole eligibility date.\nIn deciding whether to grant leave to the prisoner, the chief executive must consider all recommendations of the sentencing court about the prisoner.\n(sec.81-ssec.1) This section applies to the grant of any of the following leave to a prisoner who is serving a life sentence or is a serious violent offender— community service leave; educational leave.\n(sec.81-ssec.2) If a court ordered that the prisoner serve a stated period before being granted leave, the chief executive must not grant leave to the prisoner unless the prisoner has served at least the stated period.\n(sec.81-ssec.3) Otherwise, the chief executive must not grant leave to the prisoner unless the prisoner has reached the prisoner’s parole eligibility date.\n(sec.81-ssec.4) In deciding whether to grant leave to the prisoner, the chief executive must consider all recommendations of the sentencing court about the prisoner.\n- (a) community service leave;\n- (b) educational leave.","sortOrder":122},{"sectionNumber":"sec.82","sectionType":"section","heading":"Leave for other particular prisoners","content":"### sec.82 Leave for other particular prisoners\n\nThe following prisoners may be granted only compassionate leave or health leave—\na prisoner detained on remand for an offence;\na prisoner detained under the Migration Act 1958 (Cwlth) ;\na prisoner imprisoned for an indefinite period for contempt;\na prisoner detained under the Criminal Law Amendment Act 1945 , part 3 ;\nThe Criminal Law Amendment Act 1945 , part 3 deals with indeterminate detention of offenders convicted of sexual offences.\na prisoner detained, other than as mentioned in paragraph (d) , for a sexual offence.\nThe prisoner must remain in the physical custody of a corrective services officer during the leave.\ns 82 amd 2006 No. 45 s 7\n(sec.82-ssec.1) The following prisoners may be granted only compassionate leave or health leave— a prisoner detained on remand for an offence; a prisoner detained under the Migration Act 1958 (Cwlth) ; a prisoner imprisoned for an indefinite period for contempt; a prisoner detained under the Criminal Law Amendment Act 1945 , part 3 ; The Criminal Law Amendment Act 1945 , part 3 deals with indeterminate detention of offenders convicted of sexual offences. a prisoner detained, other than as mentioned in paragraph (d) , for a sexual offence.\n(sec.82-ssec.2) The prisoner must remain in the physical custody of a corrective services officer during the leave.\n- (a) a prisoner detained on remand for an offence;\n- (b) a prisoner detained under the Migration Act 1958 (Cwlth) ;\n- (c) a prisoner imprisoned for an indefinite period for contempt;\n- (d) a prisoner detained under the Criminal Law Amendment Act 1945 , part 3 ; Note— The Criminal Law Amendment Act 1945 , part 3 deals with indeterminate detention of offenders convicted of sexual offences.\n- (e) a prisoner detained, other than as mentioned in paragraph (d) , for a sexual offence.","sortOrder":123},{"sectionNumber":"sec.83","sectionType":"section","heading":"Prisoner’s expenses while on leave","content":"### sec.83 Prisoner’s expenses while on leave\n\nThe chief executive may authorise a prisoner granted leave of absence to be given money or something else the chief executive reasonably considers necessary to meet the prisoner’s requirements while on the leave.\nThe prisoner must return to the chief executive the unused portion of money given to the prisoner.\n(sec.83-ssec.1) The chief executive may authorise a prisoner granted leave of absence to be given money or something else the chief executive reasonably considers necessary to meet the prisoner’s requirements while on the leave.\n(sec.83-ssec.2) The prisoner must return to the chief executive the unused portion of money given to the prisoner.","sortOrder":124},{"sectionNumber":"sec.84","sectionType":"section","heading":"Prisoner’s duties while on leave","content":"### sec.84 Prisoner’s duties while on leave\n\nThe chief executive must give a prisoner granted leave of absence a copy of the order granting the leave.\nThe prisoner must comply with the conditions stated in the order, unless the prisoner has a reasonable excuse.\nMaximum penalty for subsection (2) —6 months imprisonment.\ns 84 amd 2020 No. 23 s 13\n(sec.84-ssec.1) The chief executive must give a prisoner granted leave of absence a copy of the order granting the leave.\n(sec.84-ssec.2) The prisoner must comply with the conditions stated in the order, unless the prisoner has a reasonable excuse. Maximum penalty for subsection (2) —6 months imprisonment.","sortOrder":125},{"sectionNumber":"sec.85","sectionType":"section","heading":"Suspending or cancelling order for leave of absence","content":"### sec.85 Suspending or cancelling order for leave of absence\n\nThe chief executive may suspend the operation of an order for a prisoner’s leave of absence and require the prisoner to return to a corrective services facility if the chief executive reasonably believes the prisoner—\nhas failed to comply with the order; or\nposes a serious and immediate risk of harm to someone else; or\nposes an unacceptable risk of committing an offence.\nThe chief executive must notify the prisoner of the suspension or cancellation of the order before requiring the prisoner to return, unless the chief executive reasonably believes the prisoner poses a serious and immediate risk of harm to someone else.\ns 85 amd 2009 No. 30 s 12\n(sec.85-ssec.1) The chief executive may suspend the operation of an order for a prisoner’s leave of absence and require the prisoner to return to a corrective services facility if the chief executive reasonably believes the prisoner— has failed to comply with the order; or poses a serious and immediate risk of harm to someone else; or poses an unacceptable risk of committing an offence.\n(sec.85-ssec.2) The chief executive must notify the prisoner of the suspension or cancellation of the order before requiring the prisoner to return, unless the chief executive reasonably believes the prisoner poses a serious and immediate risk of harm to someone else.\n- (a) has failed to comply with the order; or\n- (b) poses a serious and immediate risk of harm to someone else; or\n- (c) poses an unacceptable risk of committing an offence.","sortOrder":126},{"sectionNumber":"sec.86","sectionType":"section","heading":null,"content":"### Section sec.86\n\ns 86 om 2009 No. 30 s 13","sortOrder":127},{"sectionNumber":"sec.87","sectionType":"section","heading":"Leave of absence is part of period of imprisonment","content":"### sec.87 Leave of absence is part of period of imprisonment\n\nThe time spent by a prisoner on leave of absence, whether before or after the commencement of this section, counts as time served under the prisoner’s period of imprisonment.","sortOrder":128},{"sectionNumber":"sec.88","sectionType":"section","heading":"When leave of absence is not required","content":"### sec.88 When leave of absence is not required\n\nLeave of absence is not required to authorise the transfer of a prisoner from a corrective services facility—\nto another part of the facility; or\nto another corrective services facility, if the prisoner does not go anywhere else on the way to the other corrective services facility.\n- (a) to another part of the facility; or\n- (b) to another corrective services facility, if the prisoner does not go anywhere else on the way to the other corrective services facility.","sortOrder":129},{"sectionNumber":"ch.2-pt.2-div.9","sectionType":"division","heading":"Interstate leave of absence","content":"## Interstate leave of absence","sortOrder":130},{"sectionNumber":"sec.89","sectionType":"section","heading":"Interstate leave permit","content":"### sec.89 Interstate leave permit\n\nThe chief executive may, by written order ( interstate leave permit ) issued to a prisoner, grant leave to the prisoner to travel to and from, and remain in, a participating State for a stated period of not more than 7 days for a purpose prescribed under a regulation.\nThe interstate leave permit is subject to the conditions, including conditions about escorting the prisoner, the chief executive states in the permit.\nThe chief executive may require a corrective services officer to escort the prisoner while on leave.\nThe prisoner must comply with the conditions of the interstate leave permit, unless the prisoner has a reasonable excuse.\nMaximum penalty for subsection (3) —6 months imprisonment.\n(sec.89-ssec.1) The chief executive may, by written order ( interstate leave permit ) issued to a prisoner, grant leave to the prisoner to travel to and from, and remain in, a participating State for a stated period of not more than 7 days for a purpose prescribed under a regulation.\n(sec.89-ssec.2) The interstate leave permit is subject to the conditions, including conditions about escorting the prisoner, the chief executive states in the permit. The chief executive may require a corrective services officer to escort the prisoner while on leave.\n(sec.89-ssec.3) The prisoner must comply with the conditions of the interstate leave permit, unless the prisoner has a reasonable excuse. Maximum penalty for subsection (3) —6 months imprisonment.","sortOrder":131},{"sectionNumber":"sec.90","sectionType":"section","heading":"Effect of interstate leave permit","content":"### sec.90 Effect of interstate leave permit\n\nAn interstate leave permit issued to a prisoner authorises the prisoner to be absent from the corrective services facility—\nfor the purpose and period stated in the permit; and\nas stated in the permit, either—\nunescorted; or\nwhile being escorted.\nAn interstate leave permit requiring the prisoner to be escorted authorises the prisoner to be escorted—\nto the participating State, whether or not across another State, and within the participating State; and\nback to the corrective services facility.\nWhile a prisoner is on leave under an interstate leave permit, the prisoner remains in the chief executive’s custody.\nThe time spent by a prisoner on leave under an interstate leave permit counts as time served under the prisoner’s period of imprisonment, but only if the prisoner does not breach a condition of the permit.\n(sec.90-ssec.1) An interstate leave permit issued to a prisoner authorises the prisoner to be absent from the corrective services facility— for the purpose and period stated in the permit; and as stated in the permit, either— unescorted; or while being escorted.\n(sec.90-ssec.2) An interstate leave permit requiring the prisoner to be escorted authorises the prisoner to be escorted— to the participating State, whether or not across another State, and within the participating State; and back to the corrective services facility.\n(sec.90-ssec.3) While a prisoner is on leave under an interstate leave permit, the prisoner remains in the chief executive’s custody.\n(sec.90-ssec.4) The time spent by a prisoner on leave under an interstate leave permit counts as time served under the prisoner’s period of imprisonment, but only if the prisoner does not breach a condition of the permit.\n- (a) for the purpose and period stated in the permit; and\n- (b) as stated in the permit, either— (i) unescorted; or (ii) while being escorted.\n- (i) unescorted; or\n- (ii) while being escorted.\n- (i) unescorted; or\n- (ii) while being escorted.\n- (a) to the participating State, whether or not across another State, and within the participating State; and\n- (b) back to the corrective services facility.","sortOrder":132},{"sectionNumber":"sec.91","sectionType":"section","heading":"Amending or cancelling permit","content":"### sec.91 Amending or cancelling permit\n\nThe chief executive may, by signed instrument, amend or cancel an interstate leave permit.\nThe amendment or cancellation takes effect immediately the chief executive signs the instrument.\n(sec.91-ssec.1) The chief executive may, by signed instrument, amend or cancel an interstate leave permit.\n(sec.91-ssec.2) The amendment or cancellation takes effect immediately the chief executive signs the instrument.","sortOrder":133},{"sectionNumber":"sec.92","sectionType":"section","heading":"Notice to participating State","content":"### sec.92 Notice to participating State\n\nOn the granting of an interstate leave permit, the chief executive must give written notice of the issue, and period, of the permit to—\nthe corresponding chief executive and chief officer of police of the participating State; and\nthe chief officer of police of any other State through which the prisoner is to travel to reach the participating State.\nIn this section—\ncorresponding chief executive , of a participating State, means the officer responsible for the administration of corrective services in that State.\n(sec.92-ssec.1) On the granting of an interstate leave permit, the chief executive must give written notice of the issue, and period, of the permit to— the corresponding chief executive and chief officer of police of the participating State; and the chief officer of police of any other State through which the prisoner is to travel to reach the participating State.\n(sec.92-ssec.2) In this section— corresponding chief executive , of a participating State, means the officer responsible for the administration of corrective services in that State.\n- (a) the corresponding chief executive and chief officer of police of the participating State; and\n- (b) the chief officer of police of any other State through which the prisoner is to travel to reach the participating State.","sortOrder":134},{"sectionNumber":"sec.93","sectionType":"section","heading":"Liability for damage","content":"### sec.93 Liability for damage\n\nThe State is liable for any damage or loss sustained by anyone in a participating State that is caused by the act or omission of a prisoner, or a person escorting the prisoner, while in the participating State because of an interstate leave permit.\nNothing in this section affects or limits any right of action the State may have against the prisoner or person for the damage or loss.\n(sec.93-ssec.1) The State is liable for any damage or loss sustained by anyone in a participating State that is caused by the act or omission of a prisoner, or a person escorting the prisoner, while in the participating State because of an interstate leave permit.\n(sec.93-ssec.2) Nothing in this section affects or limits any right of action the State may have against the prisoner or person for the damage or loss.","sortOrder":135},{"sectionNumber":"sec.94","sectionType":"section","heading":"Effect of corresponding interstate leave permit","content":"### sec.94 Effect of corresponding interstate leave permit\n\nThis section applies to a person who is authorised to escort an interstate prisoner under a corresponding interstate leave permit (the interstate escort ).\nThe interstate escort is authorised, in Queensland, to escort the prisoner—\nfor the purposes stated in the permit, including for the purpose of returning the interstate prisoner to the participating State; and\nfor the period stated in the permit.\n(sec.94-ssec.1) This section applies to a person who is authorised to escort an interstate prisoner under a corresponding interstate leave permit (the interstate escort ).\n(sec.94-ssec.2) The interstate escort is authorised, in Queensland, to escort the prisoner— for the purposes stated in the permit, including for the purpose of returning the interstate prisoner to the participating State; and for the period stated in the permit.\n- (a) for the purposes stated in the permit, including for the purpose of returning the interstate prisoner to the participating State; and\n- (b) for the period stated in the permit.","sortOrder":136},{"sectionNumber":"sec.95","sectionType":"section","heading":"Escape of interstate prisoner","content":"### sec.95 Escape of interstate prisoner\n\nThis section applies to an interstate prisoner who is in Queensland under a corresponding interstate leave permit.\nIf the interstate prisoner escapes from custody, the prisoner may be arrested without warrant by the prisoner’s interstate escort, a police officer or someone else.\nIf the interstate prisoner has escaped and been arrested, or has attempted to escape, the prisoner may be taken before a magistrate.\nDespite the terms of the corresponding interstate leave permit, the magistrate may, by warrant, order the interstate prisoner—\nto be returned to the participating State; and\nto be delivered to an interstate escort.\nThe warrant may be executed according to its terms.\nThe interstate prisoner mentioned in the warrant may be detained as a prisoner of the State—\nfor 14 days after the warrant is issued; or\nuntil the prisoner is delivered into the custody of an interstate escort, if that happens before the end of the 14 days.\nIf the interstate prisoner is not delivered into the custody of an interstate escort within 14 days after the warrant is issued, the warrant ceases to have effect.\n(sec.95-ssec.1) This section applies to an interstate prisoner who is in Queensland under a corresponding interstate leave permit.\n(sec.95-ssec.2) If the interstate prisoner escapes from custody, the prisoner may be arrested without warrant by the prisoner’s interstate escort, a police officer or someone else.\n(sec.95-ssec.3) If the interstate prisoner has escaped and been arrested, or has attempted to escape, the prisoner may be taken before a magistrate.\n(sec.95-ssec.4) Despite the terms of the corresponding interstate leave permit, the magistrate may, by warrant, order the interstate prisoner— to be returned to the participating State; and to be delivered to an interstate escort.\n(sec.95-ssec.5) The warrant may be executed according to its terms.\n(sec.95-ssec.6) The interstate prisoner mentioned in the warrant may be detained as a prisoner of the State— for 14 days after the warrant is issued; or until the prisoner is delivered into the custody of an interstate escort, if that happens before the end of the 14 days.\n(sec.95-ssec.7) If the interstate prisoner is not delivered into the custody of an interstate escort within 14 days after the warrant is issued, the warrant ceases to have effect.\n- (a) to be returned to the participating State; and\n- (b) to be delivered to an interstate escort.\n- (a) for 14 days after the warrant is issued; or\n- (b) until the prisoner is delivered into the custody of an interstate escort, if that happens before the end of the 14 days.","sortOrder":137},{"sectionNumber":"sec.96","sectionType":"section","heading":"Corresponding law","content":"### sec.96 Corresponding law\n\nA regulation may declare a law of another State to be a corresponding law for this division if the law substantially corresponds to the provisions of this division.","sortOrder":138},{"sectionNumber":"ch.2-pt.2-div.9A","sectionType":"division","heading":"Approvals for Mutual Assistance in Criminal Matters Act 1987 (Cwlth)","content":"## Approvals for Mutual Assistance in Criminal Matters Act 1987 (Cwlth)","sortOrder":139},{"sectionNumber":"sec.96A","sectionType":"section","heading":"Mutual assistance approval","content":"### sec.96A Mutual assistance approval\n\nAt the request of the Commonwealth Attorney-General, the relevant entity may, by order in writing—\ngive approval ( mutual assistance approval ) for a prisoner to travel to a foreign country—\nfor the purpose of giving evidence at a proceeding relating to a criminal matter, as mentioned in the Commonwealth Act, section 26 ; or\nfor the purpose of giving assistance in relation to an investigation relating to a criminal matter, as mentioned in the Commonwealth Act, section 27 ; and\ngive the directions and impose the conditions that the relevant entity considers are necessary for the release of the prisoner under the approval.\nWhile a mutual assistance approval is in force, the prisoner to whom the approval relates—\nis authorised to be absent from custody (other than custody referred to in the Commonwealth Act, section 26 (1) (e) (iii) or 27 (1) (e) (iii) ) in relation to any period during which the prisoner would, if the approval were not in force, be required to be in custody; and\nis exempt from any other requirements imposed under this or any other Act that would, if the approval were not in force, prevent the prisoner from travelling to the foreign country for the purpose stated in the Commonwealth Attorney-General’s request.\nIn this section—\nCommonwealth Act means the Mutual Assistance in Criminal Matters Act 1987 (Cwlth) .\nrelevant entity means—\nin relation to a prisoner who is released on parole—the parole board; or\notherwise—the chief executive.\ns 96A ins 2009 No. 30 s 14\namd 2017 No. 15 s 24 sch 1\n(sec.96A-ssec.1) At the request of the Commonwealth Attorney-General, the relevant entity may, by order in writing— give approval ( mutual assistance approval ) for a prisoner to travel to a foreign country— for the purpose of giving evidence at a proceeding relating to a criminal matter, as mentioned in the Commonwealth Act, section 26 ; or for the purpose of giving assistance in relation to an investigation relating to a criminal matter, as mentioned in the Commonwealth Act, section 27 ; and give the directions and impose the conditions that the relevant entity considers are necessary for the release of the prisoner under the approval.\n(sec.96A-ssec.2) While a mutual assistance approval is in force, the prisoner to whom the approval relates— is authorised to be absent from custody (other than custody referred to in the Commonwealth Act, section 26 (1) (e) (iii) or 27 (1) (e) (iii) ) in relation to any period during which the prisoner would, if the approval were not in force, be required to be in custody; and is exempt from any other requirements imposed under this or any other Act that would, if the approval were not in force, prevent the prisoner from travelling to the foreign country for the purpose stated in the Commonwealth Attorney-General’s request.\n(sec.96A-ssec.3) In this section— Commonwealth Act means the Mutual Assistance in Criminal Matters Act 1987 (Cwlth) . relevant entity means— in relation to a prisoner who is released on parole—the parole board; or otherwise—the chief executive.\n- (a) give approval ( mutual assistance approval ) for a prisoner to travel to a foreign country— (i) for the purpose of giving evidence at a proceeding relating to a criminal matter, as mentioned in the Commonwealth Act, section 26 ; or (ii) for the purpose of giving assistance in relation to an investigation relating to a criminal matter, as mentioned in the Commonwealth Act, section 27 ; and\n- (i) for the purpose of giving evidence at a proceeding relating to a criminal matter, as mentioned in the Commonwealth Act, section 26 ; or\n- (ii) for the purpose of giving assistance in relation to an investigation relating to a criminal matter, as mentioned in the Commonwealth Act, section 27 ; and\n- (b) give the directions and impose the conditions that the relevant entity considers are necessary for the release of the prisoner under the approval.\n- (i) for the purpose of giving evidence at a proceeding relating to a criminal matter, as mentioned in the Commonwealth Act, section 26 ; or\n- (ii) for the purpose of giving assistance in relation to an investigation relating to a criminal matter, as mentioned in the Commonwealth Act, section 27 ; and\n- (a) is authorised to be absent from custody (other than custody referred to in the Commonwealth Act, section 26 (1) (e) (iii) or 27 (1) (e) (iii) ) in relation to any period during which the prisoner would, if the approval were not in force, be required to be in custody; and\n- (b) is exempt from any other requirements imposed under this or any other Act that would, if the approval were not in force, prevent the prisoner from travelling to the foreign country for the purpose stated in the Commonwealth Attorney-General’s request.\n- (a) in relation to a prisoner who is released on parole—the parole board; or\n- (b) otherwise—the chief executive.","sortOrder":140},{"sectionNumber":"sec.96B","sectionType":"section","heading":"Giving prisoner notice of approval and conditions","content":"### sec.96B Giving prisoner notice of approval and conditions\n\nOn the giving of a mutual assistance approval, the entity that gave the approval must give the prisoner to whom it relates written notice of—\nthe approval; and\nany conditions relating to the approval and imposed on the prisoner under section 96A (1) (b) .\ns 96B ins 2009 No. 30 s 14\n- (a) the approval; and\n- (b) any conditions relating to the approval and imposed on the prisoner under section 96A (1) (b) .","sortOrder":141},{"sectionNumber":"sec.96C","sectionType":"section","heading":"Complying with conditions of approval","content":"### sec.96C Complying with conditions of approval\n\nA prisoner who is given notice, under section 96B , of a mutual assistance approval and conditions imposed on the prisoner must comply with the conditions.\nMaximum penalty—6 months imprisonment.\ns 96C ins 2009 No. 30 s 14","sortOrder":142},{"sectionNumber":"sec.96D","sectionType":"section","heading":"Time spent while released under mutual assistance approval is part of period of imprisonment","content":"### sec.96D Time spent while released under mutual assistance approval is part of period of imprisonment\n\nThe time spent by a prisoner while released under a mutual assistance approval counts as time served under the prisoner’s period of imprisonment.\ns 96D ins 2009 No. 30 s 14","sortOrder":143},{"sectionNumber":"ch.2-pt.2-div.10","sectionType":"division","heading":null,"content":"","sortOrder":144},{"sectionNumber":"sec.97","sectionType":"section","heading":null,"content":"### Section sec.97\n\ns 97 om 2020 No. 23 s 14","sortOrder":145},{"sectionNumber":"sec.98","sectionType":"section","heading":null,"content":"### Section sec.98\n\ns 98 om 2020 No. 23 s 14","sortOrder":146},{"sectionNumber":"sec.99","sectionType":"section","heading":null,"content":"### Section sec.99\n\ns 99 om 2020 No. 23 s 14","sortOrder":147},{"sectionNumber":"sec.100","sectionType":"section","heading":null,"content":"### Section sec.100\n\ns 100 om 2020 No. 23 s 14","sortOrder":148},{"sectionNumber":"sec.101","sectionType":"section","heading":null,"content":"### Section sec.101\n\ns 101 om 2020 No. 23 s 14","sortOrder":149},{"sectionNumber":"sec.102","sectionType":"section","heading":null,"content":"### Section sec.102\n\ns 102 om 2017 No. 15 s 24 sch 1","sortOrder":150},{"sectionNumber":"sec.103","sectionType":"section","heading":null,"content":"### Section sec.103\n\ns 103 om 2020 No. 23 s 14","sortOrder":151},{"sectionNumber":"sec.104","sectionType":"section","heading":null,"content":"### Section sec.104\n\ns 104 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )\nom 2020 No. 23 s 14","sortOrder":152},{"sectionNumber":"sec.105","sectionType":"section","heading":null,"content":"### Section sec.105\n\ns 105 om 2020 No. 23 s 14","sortOrder":153},{"sectionNumber":"sec.106","sectionType":"section","heading":null,"content":"### Section sec.106\n\ns 106 om 2020 No. 23 s 14","sortOrder":154},{"sectionNumber":"sec.107","sectionType":"section","heading":null,"content":"### Section sec.107\n\ns 107 om 2020 No. 23 s 14","sortOrder":155},{"sectionNumber":"ch.2-pt.2-div.11","sectionType":"division","heading":"Discharge or release","content":"## Discharge or release","sortOrder":156},{"sectionNumber":"sec.108","sectionType":"section","heading":"Discharge or release","content":"### sec.108 Discharge or release\n\nOn a prisoner’s discharge day or release day, the prisoner must be discharged or released at the time decided by the chief executive.\nSubsection (3) applies if the prisoner’s discharge day or release day would, apart from that subsection, be—\na Saturday or Sunday; or\na public holiday throughout Queensland; or\na public holiday at the place where the prisoner is held in custody.\nThe prisoner must be discharged or released on the last day before the discharge day or release day that is not a day mentioned in subsection (2) (a) , (b) or (c) .\nThe chief executive may give a prisoner the help the chief executive reasonably considers appropriate when the prisoner is discharged or released.\nhelp with bus or train fares\ns 108 amd 2020 No. 23 s 69 s ch 1 pt 1 ; 2023 No. 14 s 12\n(sec.108-ssec.1) On a prisoner’s discharge day or release day, the prisoner must be discharged or released at the time decided by the chief executive.\n(sec.108-ssec.2) Subsection (3) applies if the prisoner’s discharge day or release day would, apart from that subsection, be— a Saturday or Sunday; or a public holiday throughout Queensland; or a public holiday at the place where the prisoner is held in custody.\n(sec.108-ssec.3) The prisoner must be discharged or released on the last day before the discharge day or release day that is not a day mentioned in subsection (2) (a) , (b) or (c) .\n(sec.108-ssec.4) The chief executive may give a prisoner the help the chief executive reasonably considers appropriate when the prisoner is discharged or released. help with bus or train fares\n- (a) a Saturday or Sunday; or\n- (b) a public holiday throughout Queensland; or\n- (c) a public holiday at the place where the prisoner is held in custody.","sortOrder":157},{"sectionNumber":"sec.109","sectionType":"section","heading":"Effect of remission on discharge day for cumulative sentence","content":"### sec.109 Effect of remission on discharge day for cumulative sentence\n\nThis section applies if a prisoner is serving a term of imprisonment (the second term ) cumulatively with another term of imprisonment (the first term ).\nFor working out the prisoner’s discharge day, the second term starts at the end of the first term, taking into account any remission granted under any of the repealed Acts in relation to the first term, including a remission granted after the commencement of this section.\nFor a remission granted after the commencement, see sections 401 and 402 .\n(sec.109-ssec.1) This section applies if a prisoner is serving a term of imprisonment (the second term ) cumulatively with another term of imprisonment (the first term ).\n(sec.109-ssec.2) For working out the prisoner’s discharge day, the second term starts at the end of the first term, taking into account any remission granted under any of the repealed Acts in relation to the first term, including a remission granted after the commencement of this section. For a remission granted after the commencement, see sections 401 and 402 .","sortOrder":158},{"sectionNumber":"sec.110","sectionType":"section","heading":"Discharge within 7 days before discharge day","content":"### sec.110 Discharge within 7 days before discharge day\n\nThis section applies to a person—\nwho is—\na prisoner; or\na person who has been sentenced to a term of imprisonment and is in the commissioner’s custody; and\nwho has served at least half of the person’s period of imprisonment.\nThe chief executive may order that the person be discharged within 7 days immediately before the person’s discharge day.\nThe person’s discharge day falls on a Friday but transport to the person’s community is only available on a Wednesday. The person may be discharged on the Wednesday before the discharge day.\n(sec.110-ssec.1) This section applies to a person— who is— a prisoner; or a person who has been sentenced to a term of imprisonment and is in the commissioner’s custody; and who has served at least half of the person’s period of imprisonment.\n(sec.110-ssec.2) The chief executive may order that the person be discharged within 7 days immediately before the person’s discharge day. The person’s discharge day falls on a Friday but transport to the person’s community is only available on a Wednesday. The person may be discharged on the Wednesday before the discharge day.\n- (a) who is— (i) a prisoner; or (ii) a person who has been sentenced to a term of imprisonment and is in the commissioner’s custody; and\n- (i) a prisoner; or\n- (ii) a person who has been sentenced to a term of imprisonment and is in the commissioner’s custody; and\n- (b) who has served at least half of the person’s period of imprisonment.\n- (i) a prisoner; or\n- (ii) a person who has been sentenced to a term of imprisonment and is in the commissioner’s custody; and","sortOrder":159},{"sectionNumber":"sec.111","sectionType":"section","heading":"Remaining in corrective services facility after discharge day or release day","content":"### sec.111 Remaining in corrective services facility after discharge day or release day\n\nA prisoner may apply in writing to the chief executive for permission to remain in a corrective services facility after the prisoner’s discharge day or release day.\nThe chief executive may grant or refuse to grant the permission.\nIf the prisoner has applied to remain in the corrective services facility after the prisoner’s discharge day and the chief executive grants the permission, the prisoner—\nis taken to have completed the prisoner’s period of imprisonment on the prisoner’s discharge day; and\nmust be discharged within 4 days after the discharge day.\nWhile a person who was a prisoner remains in a corrective services facility after the person’s discharge day or release day, a corrective services officer may give the person a direction the officer reasonably considers necessary for the security or good order of the facility or a person’s safety.\nThe person must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIf the person fails to comply with the direction—\nthe corrective services officer may direct the person to leave the corrective services facility; and\nif the person fails to leave the facility—a corrective services officer may, as directed by the chief executive and using reasonably necessary force, remove the person from the facility.\nSubsection (6) applies whether or not the person is charged with an offence against subsection (5) .\ns 111 amd 2020 No. 23 s 16 ; 2023 No. 14 s 52 sch 1\n(sec.111-ssec.1) A prisoner may apply in writing to the chief executive for permission to remain in a corrective services facility after the prisoner’s discharge day or release day.\n(sec.111-ssec.2) The chief executive may grant or refuse to grant the permission.\n(sec.111-ssec.3) If the prisoner has applied to remain in the corrective services facility after the prisoner’s discharge day and the chief executive grants the permission, the prisoner— is taken to have completed the prisoner’s period of imprisonment on the prisoner’s discharge day; and must be discharged within 4 days after the discharge day.\n(sec.111-ssec.4) While a person who was a prisoner remains in a corrective services facility after the person’s discharge day or release day, a corrective services officer may give the person a direction the officer reasonably considers necessary for the security or good order of the facility or a person’s safety.\n(sec.111-ssec.5) The person must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.111-ssec.6) If the person fails to comply with the direction— the corrective services officer may direct the person to leave the corrective services facility; and if the person fails to leave the facility—a corrective services officer may, as directed by the chief executive and using reasonably necessary force, remove the person from the facility.\n(sec.111-ssec.7) Subsection (6) applies whether or not the person is charged with an offence against subsection (5) .\n- (a) is taken to have completed the prisoner’s period of imprisonment on the prisoner’s discharge day; and\n- (b) must be discharged within 4 days after the discharge day.\n- (a) the corrective services officer may direct the person to leave the corrective services facility; and\n- (b) if the person fails to leave the facility—a corrective services officer may, as directed by the chief executive and using reasonably necessary force, remove the person from the facility.","sortOrder":160},{"sectionNumber":"ch.2-pt.2-div.12","sectionType":"division","heading":"Arrest of prisoners","content":"## Arrest of prisoners","sortOrder":161},{"sectionNumber":"sec.112","sectionType":"section","heading":"Arresting prisoner unlawfully at large or absent","content":"### sec.112 Arresting prisoner unlawfully at large or absent\n\nIf a prisoner is unlawfully at large or unlawfully absent, a corrective services officer may—\narrest the prisoner without warrant; or\napply in writing to an authorised person for the issue of a warrant for the prisoner’s arrest.\nSee also the Police Powers and Responsibilities Act 2000 , section 366 .\nThe authorised person may issue the warrant only if satisfied the prisoner is unlawfully at large or unlawfully absent.\nThe warrant may be directed to all corrective services officers and may be executed by any of them.\nThe period during which a prisoner is unlawfully at large does not count as part of the prisoner’s period of imprisonment.\nA prisoner is unlawfully at large if the prisoner has escaped from lawful custody.\nA prisoner is unlawfully absent if—\nthe prisoner is mistakenly, unlawfully or otherwise incorrectly discharged or released before the prisoner’s discharge day or release day; or\nthe prisoner is at large in the community because the prisoner was mistakenly released or discharged from the custody of the proper officer of a court or a police officer instead of being transferred to a corrective services facility.\nIn this section—\nauthorised person means—\nif a prisoner is unlawfully at large after a parole order has been suspended or cancelled—the parole board; or\nin any case—the chief executive or a magistrate.\ns 112 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2017 No. 15 s 24 sch 1 ; 2023 No. 14 s 13\n(sec.112-ssec.1) If a prisoner is unlawfully at large or unlawfully absent, a corrective services officer may— arrest the prisoner without warrant; or apply in writing to an authorised person for the issue of a warrant for the prisoner’s arrest. See also the Police Powers and Responsibilities Act 2000 , section 366 .\n(sec.112-ssec.2) The authorised person may issue the warrant only if satisfied the prisoner is unlawfully at large or unlawfully absent.\n(sec.112-ssec.3) The warrant may be directed to all corrective services officers and may be executed by any of them.\n(sec.112-ssec.4) The period during which a prisoner is unlawfully at large does not count as part of the prisoner’s period of imprisonment.\n(sec.112-ssec.5) A prisoner is unlawfully at large if the prisoner has escaped from lawful custody.\n(sec.112-ssec.6) A prisoner is unlawfully absent if— the prisoner is mistakenly, unlawfully or otherwise incorrectly discharged or released before the prisoner’s discharge day or release day; or the prisoner is at large in the community because the prisoner was mistakenly released or discharged from the custody of the proper officer of a court or a police officer instead of being transferred to a corrective services facility.\n(sec.112-ssec.7) In this section— authorised person means— if a prisoner is unlawfully at large after a parole order has been suspended or cancelled—the parole board; or in any case—the chief executive or a magistrate.\n- (a) arrest the prisoner without warrant; or\n- (b) apply in writing to an authorised person for the issue of a warrant for the prisoner’s arrest.\n- (a) the prisoner is mistakenly, unlawfully or otherwise incorrectly discharged or released before the prisoner’s discharge day or release day; or\n- (b) the prisoner is at large in the community because the prisoner was mistakenly released or discharged from the custody of the proper officer of a court or a police officer instead of being transferred to a corrective services facility.\n- (a) if a prisoner is unlawfully at large after a parole order has been suspended or cancelled—the parole board; or\n- (b) in any case—the chief executive or a magistrate.","sortOrder":162},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Breaches of discipline by prisoners","content":"# Breaches of discipline by prisoners","sortOrder":163},{"sectionNumber":"sec.113","sectionType":"section","heading":"Breaches of discipline generally","content":"### sec.113 Breaches of discipline generally\n\nA regulation may prescribe an act or omission to be a breach of discipline by a prisoner.\nA corrective services officer need not start proceedings against a prisoner for a breach of discipline if the officer considers the proceedings should not be started having regard to—\nthe trivial nature of the breach; or\nthe circumstances surrounding the commission of the breach; or\nthe prisoner’s previous conduct.\nA corrective services officer must not start proceedings against a prisoner for a breach of discipline if the prisoner’s act or omission was referred to the commissioner under section 114 (5) , unless the commissioner has advised the chief executive that the matter is not to be prosecuted as an offence.\nIf a corrective services officer decides to start proceedings against a prisoner for a breach of discipline, the officer must decide, having regard to the matters mentioned in subsection (2) , whether the prisoner should be proceeded against for a major breach of discipline or a minor breach of discipline.\nHowever, if a prisoner’s act or omission was referred to the commissioner under section 114 (5) and is not to be prosecuted as an offence, a corrective services officer may only decide whether the prisoner should be proceeded against for a major breach of discipline.\ns 113 amd 2020 No. 23 s 69 s ch 1 pt 1\n(sec.113-ssec.1) A regulation may prescribe an act or omission to be a breach of discipline by a prisoner.\n(sec.113-ssec.2) A corrective services officer need not start proceedings against a prisoner for a breach of discipline if the officer considers the proceedings should not be started having regard to— the trivial nature of the breach; or the circumstances surrounding the commission of the breach; or the prisoner’s previous conduct.\n(sec.113-ssec.3) A corrective services officer must not start proceedings against a prisoner for a breach of discipline if the prisoner’s act or omission was referred to the commissioner under section 114 (5) , unless the commissioner has advised the chief executive that the matter is not to be prosecuted as an offence.\n(sec.113-ssec.4) If a corrective services officer decides to start proceedings against a prisoner for a breach of discipline, the officer must decide, having regard to the matters mentioned in subsection (2) , whether the prisoner should be proceeded against for a major breach of discipline or a minor breach of discipline.\n(sec.113-ssec.5) However, if a prisoner’s act or omission was referred to the commissioner under section 114 (5) and is not to be prosecuted as an offence, a corrective services officer may only decide whether the prisoner should be proceeded against for a major breach of discipline.\n- (a) the trivial nature of the breach; or\n- (b) the circumstances surrounding the commission of the breach; or\n- (c) the prisoner’s previous conduct.","sortOrder":164},{"sectionNumber":"sec.114","sectionType":"section","heading":"Breach of discipline constituting an offence","content":"### sec.114 Breach of discipline constituting an offence\n\nIf a corrective services officer observes, or obtains knowledge of, a prisoner’s act or omission that could be dealt with either as an offence or as a breach of discipline, the officer must immediately inform the chief executive of the act or omission.\nThe chief executive must decide whether to refer the matter to the commissioner.\nHowever, if the matter could be prosecuted as a sexual offence mentioned in schedule 1 or as an offence that has a maximum penalty of 14 years or more, the chief executive must refer the matter to the commissioner.\nSubsection (5) applies if the chief executive—\ndecides to refer the matter to the commissioner under subsection (2) ; or\nmust refer the matter to the commissioner under subsection (3) .\nThe chief executive must, within 48 hours after the corrective services officer informs the chief executive of the matter—\nrefer the matter to the commissioner; and\ntell the prisoner that the matter has been referred to the commissioner.\ns 114 amd 2020 No. 23 s 17\n(sec.114-ssec.1) If a corrective services officer observes, or obtains knowledge of, a prisoner’s act or omission that could be dealt with either as an offence or as a breach of discipline, the officer must immediately inform the chief executive of the act or omission.\n(sec.114-ssec.2) The chief executive must decide whether to refer the matter to the commissioner.\n(sec.114-ssec.3) However, if the matter could be prosecuted as a sexual offence mentioned in schedule 1 or as an offence that has a maximum penalty of 14 years or more, the chief executive must refer the matter to the commissioner.\n(sec.114-ssec.4) Subsection (5) applies if the chief executive— decides to refer the matter to the commissioner under subsection (2) ; or must refer the matter to the commissioner under subsection (3) .\n(sec.114-ssec.5) The chief executive must, within 48 hours after the corrective services officer informs the chief executive of the matter— refer the matter to the commissioner; and tell the prisoner that the matter has been referred to the commissioner.\n- (a) decides to refer the matter to the commissioner under subsection (2) ; or\n- (b) must refer the matter to the commissioner under subsection (3) .\n- (a) refer the matter to the commissioner; and\n- (b) tell the prisoner that the matter has been referred to the commissioner.","sortOrder":165},{"sectionNumber":"sec.115","sectionType":"section","heading":"Prisoner not to be punished twice for same act or omission","content":"### sec.115 Prisoner not to be punished twice for same act or omission\n\nA prisoner must not be punished for an act or omission as a breach of discipline if the prisoner has been convicted or acquitted of an offence for the same act or omission.\nA prisoner must not be charged with an offence because of an act or omission if the prisoner has been punished for the act or omission as a breach of discipline.\n(sec.115-ssec.1) A prisoner must not be punished for an act or omission as a breach of discipline if the prisoner has been convicted or acquitted of an offence for the same act or omission.\n(sec.115-ssec.2) A prisoner must not be charged with an offence because of an act or omission if the prisoner has been punished for the act or omission as a breach of discipline.","sortOrder":166},{"sectionNumber":"sec.116","sectionType":"section","heading":"Considering whether breach of discipline committed","content":"### sec.116 Considering whether breach of discipline committed\n\nIf a corrective services officer starts proceedings against a prisoner for a breach of discipline, a deciding officer must conduct a hearing to decide whether the breach was committed.\nThe time within which the decision must be made is—\nif the matter was referred to the commissioner and the commissioner advised the chief executive that the matter is not to be prosecuted as an offence—as soon as practicable, but within 14 days, after the chief executive receives the advice; or\nif paragraph (a) does not apply—\nfor a minor breach of discipline—within 24 hours after the alleged time the alleged breach happened; or\nfor a major breach of discipline—as soon as practicable, but within 14 days, after the deciding officer becomes aware of the alleged breach.\nThe deciding officer must—\ntell the prisoner of any evidence supporting the allegation of the breach of discipline; and\ngive the prisoner a reasonable opportunity to make submissions in the prisoner’s defence, including, for example, by attending the hearing and—\nquestioning any witness called by the chief executive; and\ncalling a person within the corrective services facility to give evidence in the prisoner’s defence, unless the deciding officer considers the evidence may be given in writing or in another form; and\ngive the prisoner a reasonable opportunity to make submissions in mitigation of punishment.\nThe deciding officer may question the prisoner and anyone else who may be able to provide relevant information.\nNeither the corrective services officer who alleges the breach nor the prisoner are allowed any legal or other representation before the deciding officer.\nHowever, the prisoner may be helped by someone from the corrective services facility if the prisoner is disadvantaged by language barriers or impaired mental capacity.\nThe deciding officer is not bound by the rules of evidence but may, subject to a regulation, obtain information about the matter in the way the deciding officer thinks appropriate.\ns 116 amd 2024 No. 25 s 3 sch 1\n(sec.116-ssec.1) If a corrective services officer starts proceedings against a prisoner for a breach of discipline, a deciding officer must conduct a hearing to decide whether the breach was committed.\n(sec.116-ssec.2) The time within which the decision must be made is— if the matter was referred to the commissioner and the commissioner advised the chief executive that the matter is not to be prosecuted as an offence—as soon as practicable, but within 14 days, after the chief executive receives the advice; or if paragraph (a) does not apply— for a minor breach of discipline—within 24 hours after the alleged time the alleged breach happened; or for a major breach of discipline—as soon as practicable, but within 14 days, after the deciding officer becomes aware of the alleged breach.\n(sec.116-ssec.3) The deciding officer must— tell the prisoner of any evidence supporting the allegation of the breach of discipline; and give the prisoner a reasonable opportunity to make submissions in the prisoner’s defence, including, for example, by attending the hearing and— questioning any witness called by the chief executive; and calling a person within the corrective services facility to give evidence in the prisoner’s defence, unless the deciding officer considers the evidence may be given in writing or in another form; and give the prisoner a reasonable opportunity to make submissions in mitigation of punishment.\n(sec.116-ssec.4) The deciding officer may question the prisoner and anyone else who may be able to provide relevant information.\n(sec.116-ssec.5) Neither the corrective services officer who alleges the breach nor the prisoner are allowed any legal or other representation before the deciding officer.\n(sec.116-ssec.6) However, the prisoner may be helped by someone from the corrective services facility if the prisoner is disadvantaged by language barriers or impaired mental capacity.\n(sec.116-ssec.7) The deciding officer is not bound by the rules of evidence but may, subject to a regulation, obtain information about the matter in the way the deciding officer thinks appropriate.\n- (a) if the matter was referred to the commissioner and the commissioner advised the chief executive that the matter is not to be prosecuted as an offence—as soon as practicable, but within 14 days, after the chief executive receives the advice; or\n- (b) if paragraph (a) does not apply— (i) for a minor breach of discipline—within 24 hours after the alleged time the alleged breach happened; or (ii) for a major breach of discipline—as soon as practicable, but within 14 days, after the deciding officer becomes aware of the alleged breach.\n- (i) for a minor breach of discipline—within 24 hours after the alleged time the alleged breach happened; or\n- (ii) for a major breach of discipline—as soon as practicable, but within 14 days, after the deciding officer becomes aware of the alleged breach.\n- (i) for a minor breach of discipline—within 24 hours after the alleged time the alleged breach happened; or\n- (ii) for a major breach of discipline—as soon as practicable, but within 14 days, after the deciding officer becomes aware of the alleged breach.\n- (a) tell the prisoner of any evidence supporting the allegation of the breach of discipline; and\n- (b) give the prisoner a reasonable opportunity to make submissions in the prisoner’s defence, including, for example, by attending the hearing and— (i) questioning any witness called by the chief executive; and (ii) calling a person within the corrective services facility to give evidence in the prisoner’s defence, unless the deciding officer considers the evidence may be given in writing or in another form; and\n- (i) questioning any witness called by the chief executive; and\n- (ii) calling a person within the corrective services facility to give evidence in the prisoner’s defence, unless the deciding officer considers the evidence may be given in writing or in another form; and\n- (c) give the prisoner a reasonable opportunity to make submissions in mitigation of punishment.\n- (i) questioning any witness called by the chief executive; and\n- (ii) calling a person within the corrective services facility to give evidence in the prisoner’s defence, unless the deciding officer considers the evidence may be given in writing or in another form; and","sortOrder":167},{"sectionNumber":"sec.117","sectionType":"section","heading":"Further provisions about considering major breach of discipline","content":"### sec.117 Further provisions about considering major breach of discipline\n\nThe consideration of a major breach of discipline must be videotaped.\nAfter considering a major breach of discipline and deciding it is appropriate in the circumstances, the deciding officer may—\ndeclare the breach to be a minor breach of discipline; and\ncontinue the proceedings against the prisoner for the minor breach of discipline.\n(sec.117-ssec.1) The consideration of a major breach of discipline must be videotaped.\n(sec.117-ssec.2) After considering a major breach of discipline and deciding it is appropriate in the circumstances, the deciding officer may— declare the breach to be a minor breach of discipline; and continue the proceedings against the prisoner for the minor breach of discipline.\n- (a) declare the breach to be a minor breach of discipline; and\n- (b) continue the proceedings against the prisoner for the minor breach of discipline.","sortOrder":168},{"sectionNumber":"sec.118","sectionType":"section","heading":"Consequences of breach of discipline","content":"### sec.118 Consequences of breach of discipline\n\nThis section applies if a deciding officer—\nis satisfied, on the balance of probabilities, that a prisoner has committed a minor breach of discipline; or\nis satisfied, beyond reasonable doubt, that a prisoner has committed a major breach of discipline.\nThe deciding officer may—\nreprimand the prisoner without further punishment; or\norder that privileges the prisoner may have otherwise received be forfeited—\nfor a minor breach of discipline—in the 24 hours starting when the prisoner is advised of the decision; or\nfor a major breach of discipline—in the 7 days starting when the prisoner is advised of the decision; or\nsubject to section 121 , order the prisoner to undergo separate confinement.\nHowever, separate confinement may be ordered for a minor breach of discipline only if the prisoner has habitually committed minor breaches of discipline and, on the occasion of the breach immediately preceding the alleged current breach, was warned that the next breach could result in the prisoner being separately confined.\nImmediately after making the decision, the deciding officer must tell the prisoner—\nthe decision; and\nthat the prisoner may have the decision reviewed; and\nhow the prisoner may have the decision reviewed.\nIf the prisoner wants to have the decision reviewed, the prisoner must tell the deciding officer immediately after being told the decision.\nIf the prisoner tells the deciding officer that the prisoner wants to have the decision reviewed, the deciding officer’s decision is stayed until the review is finished.\n(sec.118-ssec.1) This section applies if a deciding officer— is satisfied, on the balance of probabilities, that a prisoner has committed a minor breach of discipline; or is satisfied, beyond reasonable doubt, that a prisoner has committed a major breach of discipline.\n(sec.118-ssec.2) The deciding officer may— reprimand the prisoner without further punishment; or order that privileges the prisoner may have otherwise received be forfeited— for a minor breach of discipline—in the 24 hours starting when the prisoner is advised of the decision; or for a major breach of discipline—in the 7 days starting when the prisoner is advised of the decision; or subject to section 121 , order the prisoner to undergo separate confinement.\n(sec.118-ssec.3) However, separate confinement may be ordered for a minor breach of discipline only if the prisoner has habitually committed minor breaches of discipline and, on the occasion of the breach immediately preceding the alleged current breach, was warned that the next breach could result in the prisoner being separately confined.\n(sec.118-ssec.4) Immediately after making the decision, the deciding officer must tell the prisoner— the decision; and that the prisoner may have the decision reviewed; and how the prisoner may have the decision reviewed.\n(sec.118-ssec.5) If the prisoner wants to have the decision reviewed, the prisoner must tell the deciding officer immediately after being told the decision.\n(sec.118-ssec.6) If the prisoner tells the deciding officer that the prisoner wants to have the decision reviewed, the deciding officer’s decision is stayed until the review is finished.\n- (a) is satisfied, on the balance of probabilities, that a prisoner has committed a minor breach of discipline; or\n- (b) is satisfied, beyond reasonable doubt, that a prisoner has committed a major breach of discipline.\n- (a) reprimand the prisoner without further punishment; or\n- (b) order that privileges the prisoner may have otherwise received be forfeited— (i) for a minor breach of discipline—in the 24 hours starting when the prisoner is advised of the decision; or (ii) for a major breach of discipline—in the 7 days starting when the prisoner is advised of the decision; or\n- (i) for a minor breach of discipline—in the 24 hours starting when the prisoner is advised of the decision; or\n- (ii) for a major breach of discipline—in the 7 days starting when the prisoner is advised of the decision; or\n- (c) subject to section 121 , order the prisoner to undergo separate confinement.\n- (i) for a minor breach of discipline—in the 24 hours starting when the prisoner is advised of the decision; or\n- (ii) for a major breach of discipline—in the 7 days starting when the prisoner is advised of the decision; or\n- (a) the decision; and\n- (b) that the prisoner may have the decision reviewed; and\n- (c) how the prisoner may have the decision reviewed.","sortOrder":169},{"sectionNumber":"sec.119","sectionType":"section","heading":"Review of decision","content":"### sec.119 Review of decision\n\nA review of a decision that a prisoner has committed a breach of discipline must be conducted by a corrective services officer (the reviewing officer ) who holds a more senior office than the deciding officer.\nThe review must be—\nby way of rehearing, unaffected by the decision, on the material before the deciding officer and any further evidence allowed by the reviewing officer; and\ncarried out as soon as practicable after the prisoner tells the deciding officer that the prisoner wants the decision reviewed.\nThe prisoner may be present at the review hearing and make submissions in the prisoner’s defence or in mitigation of punishment.\nNeither the deciding officer nor the prisoner are allowed any legal or other representation at the review hearing.\nHowever, the prisoner may be helped by someone from the corrective services facility if the prisoner is disadvantaged by language barriers or impaired mental capacity.\nFor a major breach of discipline, the review hearing must be videotaped.\nThe reviewing officer may—\nconfirm the decision; or\nvary the decision; or\nset the decision aside and substitute another decision; or\nfor a major breach of discipline—\ndeclare the breach to be a minor breach of discipline; and\nset the decision aside and substitute another decision.\nImmediately after making the review decision, the reviewing officer must tell the prisoner of the decision.\nThe review decision is not subject to appeal or further review under this Act.\n(sec.119-ssec.1) A review of a decision that a prisoner has committed a breach of discipline must be conducted by a corrective services officer (the reviewing officer ) who holds a more senior office than the deciding officer.\n(sec.119-ssec.2) The review must be— by way of rehearing, unaffected by the decision, on the material before the deciding officer and any further evidence allowed by the reviewing officer; and carried out as soon as practicable after the prisoner tells the deciding officer that the prisoner wants the decision reviewed.\n(sec.119-ssec.3) The prisoner may be present at the review hearing and make submissions in the prisoner’s defence or in mitigation of punishment.\n(sec.119-ssec.4) Neither the deciding officer nor the prisoner are allowed any legal or other representation at the review hearing.\n(sec.119-ssec.5) However, the prisoner may be helped by someone from the corrective services facility if the prisoner is disadvantaged by language barriers or impaired mental capacity.\n(sec.119-ssec.6) For a major breach of discipline, the review hearing must be videotaped.\n(sec.119-ssec.7) The reviewing officer may— confirm the decision; or vary the decision; or set the decision aside and substitute another decision; or for a major breach of discipline— declare the breach to be a minor breach of discipline; and set the decision aside and substitute another decision.\n(sec.119-ssec.8) Immediately after making the review decision, the reviewing officer must tell the prisoner of the decision.\n(sec.119-ssec.9) The review decision is not subject to appeal or further review under this Act.\n- (a) by way of rehearing, unaffected by the decision, on the material before the deciding officer and any further evidence allowed by the reviewing officer; and\n- (b) carried out as soon as practicable after the prisoner tells the deciding officer that the prisoner wants the decision reviewed.\n- (a) confirm the decision; or\n- (b) vary the decision; or\n- (c) set the decision aside and substitute another decision; or\n- (d) for a major breach of discipline— (i) declare the breach to be a minor breach of discipline; and (ii) set the decision aside and substitute another decision.\n- (i) declare the breach to be a minor breach of discipline; and\n- (ii) set the decision aside and substitute another decision.\n- (i) declare the breach to be a minor breach of discipline; and\n- (ii) set the decision aside and substitute another decision.","sortOrder":170},{"sectionNumber":"sec.120","sectionType":"section","heading":"Disciplinary breach register","content":"### sec.120 Disciplinary breach register\n\nThe chief executive must keep a register for each corrective services facility containing details of the following about prisoners at the facility—\neach decision to deal with a prisoner for a breach of discipline;\neach decision that a prisoner has committed a breach of discipline, including whether the prisoner was warned that the next breach could result in the prisoner being separately confined;\neach review of a decision that a prisoner has committed a breach of discipline.\n- (a) each decision to deal with a prisoner for a breach of discipline;\n- (b) each decision that a prisoner has committed a breach of discipline, including whether the prisoner was warned that the next breach could result in the prisoner being separately confined;\n- (c) each review of a decision that a prisoner has committed a breach of discipline.","sortOrder":171},{"sectionNumber":"sec.121","sectionType":"section","heading":"Separate confinement","content":"### sec.121 Separate confinement\n\nAn order for a prisoner to undergo separate confinement must—\nstate the period of separate confinement; and\ntake any special needs of the prisoner into account; and\ncontain directions about the extent to which the prisoner is to receive privileges.\nThe period of separate confinement stated in the order must not be more than 7 days.\nA health practitioner must examine the prisoner for any health concerns as soon as practicable after—\nthe order takes effect; and\nthe order ceases to have effect.\ns 121 amd 2016 No. 42 s 9 ; 2023 No. 14 s 52 sch 1\n(sec.121-ssec.1) An order for a prisoner to undergo separate confinement must— state the period of separate confinement; and take any special needs of the prisoner into account; and contain directions about the extent to which the prisoner is to receive privileges.\n(sec.121-ssec.2) The period of separate confinement stated in the order must not be more than 7 days.\n(sec.121-ssec.3) A health practitioner must examine the prisoner for any health concerns as soon as practicable after— the order takes effect; and the order ceases to have effect.\n- (a) state the period of separate confinement; and\n- (b) take any special needs of the prisoner into account; and\n- (c) contain directions about the extent to which the prisoner is to receive privileges.\n- (a) the order takes effect; and\n- (b) the order ceases to have effect.","sortOrder":172},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Offences by prisoners","content":"# Offences by prisoners","sortOrder":173},{"sectionNumber":"sec.122","sectionType":"section","heading":"Unlawful assembly, riot and mutiny","content":"### sec.122 Unlawful assembly, riot and mutiny\n\nA prisoner must not take part in an unlawful assembly.\nMaximum penalty—3 years imprisonment.\nA prisoner must not take part in a riot or mutiny.\nMaximum penalty—\nif, during the riot or mutiny, the prisoner wilfully and unlawfully damages or destroys, or attempts to damage or destroy, property that is part of a corrective services facility and the security of the facility is endangered by the act—life imprisonment; or\nif, during the riot or mutiny, the prisoner demands something be done or not be done with threats of injury or detriment to any person or property—14 years imprisonment; or\nif, during the riot or mutiny, the prisoner escapes or attempts to escape from lawful custody, or helps another prisoner to escape or attempt to escape from lawful custody—14 years imprisonment; or\nif, during the riot or mutiny, the prisoner wilfully and unlawfully damages or destroys, or attempts to damage or destroy, any property—10 years imprisonment; or\notherwise—6 years imprisonment.\nAn offence against this section is a crime.\nIn this section—\nmutiny means 3 or more prisoners collectively challenging authority under this Act, with intent to subvert the authority, if the security of the corrective services facility is endangered.\nprisoner means a prisoner in a corrective services facility.\nriot means an unlawful assembly that has begun to act in so tumultuous a way as to disturb the peace.\nunlawful assembly means 3 or more prisoners—\nassembled with intent to carry out a common purpose and there are reasonable grounds to believe the prisoners will—\ntumultuously disturb the peace; or\nprovoke other prisoners to tumultuously disturb the peace; or\nwho, having assembled with intent to carry out a common purpose, whether or not the assembly was lawful, conduct themselves in a way that there are reasonable grounds to believe the prisoners will—\ntumultuously disturb the peace; or\nprovoke other prisoners to tumultuously disturb the peace.\n(sec.122-ssec.1) A prisoner must not take part in an unlawful assembly. Maximum penalty—3 years imprisonment.\n(sec.122-ssec.2) A prisoner must not take part in a riot or mutiny. Maximum penalty— if, during the riot or mutiny, the prisoner wilfully and unlawfully damages or destroys, or attempts to damage or destroy, property that is part of a corrective services facility and the security of the facility is endangered by the act—life imprisonment; or if, during the riot or mutiny, the prisoner demands something be done or not be done with threats of injury or detriment to any person or property—14 years imprisonment; or if, during the riot or mutiny, the prisoner escapes or attempts to escape from lawful custody, or helps another prisoner to escape or attempt to escape from lawful custody—14 years imprisonment; or if, during the riot or mutiny, the prisoner wilfully and unlawfully damages or destroys, or attempts to damage or destroy, any property—10 years imprisonment; or otherwise—6 years imprisonment.\n(sec.122-ssec.3) An offence against this section is a crime.\n(sec.122-ssec.4) In this section— mutiny means 3 or more prisoners collectively challenging authority under this Act, with intent to subvert the authority, if the security of the corrective services facility is endangered. prisoner means a prisoner in a corrective services facility. riot means an unlawful assembly that has begun to act in so tumultuous a way as to disturb the peace. unlawful assembly means 3 or more prisoners— assembled with intent to carry out a common purpose and there are reasonable grounds to believe the prisoners will— tumultuously disturb the peace; or provoke other prisoners to tumultuously disturb the peace; or who, having assembled with intent to carry out a common purpose, whether or not the assembly was lawful, conduct themselves in a way that there are reasonable grounds to believe the prisoners will— tumultuously disturb the peace; or provoke other prisoners to tumultuously disturb the peace.\n- (a) if, during the riot or mutiny, the prisoner wilfully and unlawfully damages or destroys, or attempts to damage or destroy, property that is part of a corrective services facility and the security of the facility is endangered by the act—life imprisonment; or\n- (b) if, during the riot or mutiny, the prisoner demands something be done or not be done with threats of injury or detriment to any person or property—14 years imprisonment; or\n- (c) if, during the riot or mutiny, the prisoner escapes or attempts to escape from lawful custody, or helps another prisoner to escape or attempt to escape from lawful custody—14 years imprisonment; or\n- (d) if, during the riot or mutiny, the prisoner wilfully and unlawfully damages or destroys, or attempts to damage or destroy, any property—10 years imprisonment; or\n- (e) otherwise—6 years imprisonment.\n- (a) assembled with intent to carry out a common purpose and there are reasonable grounds to believe the prisoners will— (i) tumultuously disturb the peace; or (ii) provoke other prisoners to tumultuously disturb the peace; or\n- (i) tumultuously disturb the peace; or\n- (ii) provoke other prisoners to tumultuously disturb the peace; or\n- (b) who, having assembled with intent to carry out a common purpose, whether or not the assembly was lawful, conduct themselves in a way that there are reasonable grounds to believe the prisoners will— (i) tumultuously disturb the peace; or (ii) provoke other prisoners to tumultuously disturb the peace.\n- (i) tumultuously disturb the peace; or\n- (ii) provoke other prisoners to tumultuously disturb the peace.\n- (i) tumultuously disturb the peace; or\n- (ii) provoke other prisoners to tumultuously disturb the peace; or\n- (i) tumultuously disturb the peace; or\n- (ii) provoke other prisoners to tumultuously disturb the peace.","sortOrder":174},{"sectionNumber":"sec.123","sectionType":"section","heading":"Dealing with prohibited thing","content":"### sec.123 Dealing with prohibited thing\n\nA regulation may prescribe a thing to be a prohibited thing.\nA prisoner in a corrective services facility must not deal, or attempt to deal, with—\na prohibited thing; or\nsomething intended to be used by a prisoner to make a prohibited thing.\nMaximum penalty—2 years imprisonment.\nHowever, subsection (2) does not apply to—\nmaking or attempting to make a thing if the prisoner has the chief executive’s written approval to make it; or\npossession of a thing if the prisoner has the chief executive’s written approval to possess it.\nThe finding of a prohibited thing in a prisoner’s room that is not shared with another prisoner, or on the person of a prisoner, in a corrective services facility is evidence the thing was in the prisoner’s possession when it was found.\nIn this section—\ndeal with , a thing, means make, possess, conceal or knowingly consume the thing.\n(sec.123-ssec.1) A regulation may prescribe a thing to be a prohibited thing.\n(sec.123-ssec.2) A prisoner in a corrective services facility must not deal, or attempt to deal, with— a prohibited thing; or something intended to be used by a prisoner to make a prohibited thing. Maximum penalty—2 years imprisonment.\n(sec.123-ssec.3) However, subsection (2) does not apply to— making or attempting to make a thing if the prisoner has the chief executive’s written approval to make it; or possession of a thing if the prisoner has the chief executive’s written approval to possess it.\n(sec.123-ssec.4) The finding of a prohibited thing in a prisoner’s room that is not shared with another prisoner, or on the person of a prisoner, in a corrective services facility is evidence the thing was in the prisoner’s possession when it was found.\n(sec.123-ssec.5) In this section— deal with , a thing, means make, possess, conceal or knowingly consume the thing.\n- (a) a prohibited thing; or\n- (b) something intended to be used by a prisoner to make a prohibited thing.\n- (a) making or attempting to make a thing if the prisoner has the chief executive’s written approval to make it; or\n- (b) possession of a thing if the prisoner has the chief executive’s written approval to possess it.","sortOrder":175},{"sectionNumber":"sec.124","sectionType":"section","heading":"Other offences","content":"### sec.124 Other offences\n\nA prisoner must not—\nprepare to escape from lawful custody; or\nSee the Criminal Code , section 142 for the offence of escaping from lawful custody.\nassault or obstruct a staff member who is performing a function or exercising a power under this Act or is in a corrective services facility; or\ndisobey a lawful direction of the proper officer of a court or a person assisting the proper officer of a court; or\norganise, attempt to organise or take part in any opposition to authority under this Act, whether inside or outside a corrective services facility; or\nthreaten to do grievous bodily harm to someone else; or\nunlawfully kill or injure, or attempt to unlawfully kill or injure, a corrective services dog; or\nobstruct a corrective services dog working under the control of a corrective services officer who is performing duties under this Act; or\nassume another identity or adopt a disguise in order to commit an offence against this Act; or\nwilfully and unlawfully destroy, damage, remove or otherwise interfere with any part of a corrective services facility or any property in the facility; or\nwithout lawful authority, abstract or remove information from, copy or destroy information in, or make a false entry in, a record kept under this Act; or\nwithout reasonable excuse, be unlawfully at large; or\nwithout reasonable excuse, be in a restricted area of a corrective services facility.\nMaximum penalty—2 years imprisonment.\nIf a prosecution for an offence against subsection (1) (l) relates to a restricted area prescribed by regulation and access to the area is not controlled by a corrective services officer, the prosecution must prove the prisoner was given sufficient warning to inform the prisoner that the area is a restricted area or that the prisoner must not access the area.\nWithout limiting subsection (2) , a prisoner is taken to have been given a warning informing the prisoner of the restricted area at a corrective services facility if—\na notice is displayed in the area identifying it as a restricted area; or\nthe prisoner was informed, when admitted to the facility, about the restricted areas for the facility; or\na corrective services officer gave the prisoner a direction not to access the area.\nIn this section—\nrestricted area , for a corrective services facility, means—\neach roof of the facility; or\nany other part of the facility prescribed by regulation for this definition.\ns 124 amd 2023 No. 14 s 14 ; 2024 No. 25 s 3 sch 1\n(sec.124-ssec.1) A prisoner must not— prepare to escape from lawful custody; or See the Criminal Code , section 142 for the offence of escaping from lawful custody. assault or obstruct a staff member who is performing a function or exercising a power under this Act or is in a corrective services facility; or disobey a lawful direction of the proper officer of a court or a person assisting the proper officer of a court; or organise, attempt to organise or take part in any opposition to authority under this Act, whether inside or outside a corrective services facility; or threaten to do grievous bodily harm to someone else; or unlawfully kill or injure, or attempt to unlawfully kill or injure, a corrective services dog; or obstruct a corrective services dog working under the control of a corrective services officer who is performing duties under this Act; or assume another identity or adopt a disguise in order to commit an offence against this Act; or wilfully and unlawfully destroy, damage, remove or otherwise interfere with any part of a corrective services facility or any property in the facility; or without lawful authority, abstract or remove information from, copy or destroy information in, or make a false entry in, a record kept under this Act; or without reasonable excuse, be unlawfully at large; or without reasonable excuse, be in a restricted area of a corrective services facility. Maximum penalty—2 years imprisonment.\n(sec.124-ssec.2) If a prosecution for an offence against subsection (1) (l) relates to a restricted area prescribed by regulation and access to the area is not controlled by a corrective services officer, the prosecution must prove the prisoner was given sufficient warning to inform the prisoner that the area is a restricted area or that the prisoner must not access the area.\n(sec.124-ssec.3) Without limiting subsection (2) , a prisoner is taken to have been given a warning informing the prisoner of the restricted area at a corrective services facility if— a notice is displayed in the area identifying it as a restricted area; or the prisoner was informed, when admitted to the facility, about the restricted areas for the facility; or a corrective services officer gave the prisoner a direction not to access the area.\n(sec.124-ssec.4) In this section— restricted area , for a corrective services facility, means— each roof of the facility; or any other part of the facility prescribed by regulation for this definition.\n- (a) prepare to escape from lawful custody; or Note— See the Criminal Code , section 142 for the offence of escaping from lawful custody.\n- (b) assault or obstruct a staff member who is performing a function or exercising a power under this Act or is in a corrective services facility; or\n- (c) disobey a lawful direction of the proper officer of a court or a person assisting the proper officer of a court; or\n- (d) organise, attempt to organise or take part in any opposition to authority under this Act, whether inside or outside a corrective services facility; or\n- (e) threaten to do grievous bodily harm to someone else; or\n- (f) unlawfully kill or injure, or attempt to unlawfully kill or injure, a corrective services dog; or\n- (g) obstruct a corrective services dog working under the control of a corrective services officer who is performing duties under this Act; or\n- (h) assume another identity or adopt a disguise in order to commit an offence against this Act; or\n- (i) wilfully and unlawfully destroy, damage, remove or otherwise interfere with any part of a corrective services facility or any property in the facility; or\n- (j) without lawful authority, abstract or remove information from, copy or destroy information in, or make a false entry in, a record kept under this Act; or\n- (k) without reasonable excuse, be unlawfully at large; or\n- (l) without reasonable excuse, be in a restricted area of a corrective services facility.\n- (a) a notice is displayed in the area identifying it as a restricted area; or\n- (b) the prisoner was informed, when admitted to the facility, about the restricted areas for the facility; or\n- (c) a corrective services officer gave the prisoner a direction not to access the area.\n- (a) each roof of the facility; or\n- (b) any other part of the facility prescribed by regulation for this definition.","sortOrder":176},{"sectionNumber":"ch.3-pt.2A","sectionType":"part","heading":"Offences by staff members","content":"# Offences by staff members","sortOrder":177},{"sectionNumber":"sec.124A","sectionType":"section","heading":"Prohibition on intimate relationships between staff members and offenders","content":"### sec.124A Prohibition on intimate relationships between staff members and offenders\n\nA person has an intimate relationship with another person if the relationship between the persons includes either or both of the following—\nsexual conduct or other physical expressions of affection or sexual contact;\nthe exchange of written or other forms of communication of a sexual or intimate nature.\nA staff member must not have an intimate relationship with a person who is an offender.\nMaximum penalty—100 penalty units or 3 years imprisonment.\nSubsection (2) does not apply to a staff member if—\nthe staff member did not know, or could not reasonably have known, the person was an offender; or\nthe staff member and the person were in an intimate relationship before the person became an offender.\ns 124A ins 2020 No. 23 s 17A\n(sec.124A-ssec.1) A person has an intimate relationship with another person if the relationship between the persons includes either or both of the following— sexual conduct or other physical expressions of affection or sexual contact; the exchange of written or other forms of communication of a sexual or intimate nature.\n(sec.124A-ssec.2) A staff member must not have an intimate relationship with a person who is an offender. Maximum penalty—100 penalty units or 3 years imprisonment.\n(sec.124A-ssec.3) Subsection (2) does not apply to a staff member if— the staff member did not know, or could not reasonably have known, the person was an offender; or the staff member and the person were in an intimate relationship before the person became an offender.\n- (a) sexual conduct or other physical expressions of affection or sexual contact;\n- (b) the exchange of written or other forms of communication of a sexual or intimate nature.\n- (a) the staff member did not know, or could not reasonably have known, the person was an offender; or\n- (b) the staff member and the person were in an intimate relationship before the person became an offender.","sortOrder":178},{"sectionNumber":"ch.3-pt.2B","sectionType":"part","heading":"Offence to possess restricted item on corrective services land","content":"# Offence to possess restricted item on corrective services land","sortOrder":179},{"sectionNumber":"sec.124B","sectionType":"section","heading":"Offence to possess restricted item on corrective services land","content":"### sec.124B Offence to possess restricted item on corrective services land\n\nA person must not possess a restricted item while on corrective services land if the person knows, or ought reasonably to know, that the person is on corrective services land.\nMaximum penalty—2 years imprisonment.\nSubsection (1) does not apply if—\nthe possession is approved by the chief executive; or\nthe person is an officer of a law enforcement agency, protective service or emergency service acting in that capacity; or\nthe person is assisting an officer acting under paragraph (b) .\nIf it is established in a prosecution for an offence against subsection (1) that there was, at the time of the alleged offence, appropriate signage at the corrective services land, the defendant bears the evidential burden of proving the defendant did not know, and could not by the exercise of reasonable diligence have known, that the land was corrective services land.\nIn this section—\nappropriate signage , for corrective services land, means signage—\nidentifying the land as corrective services land; or\nwarning a person entering the land that there is an increased penalty for possessing a restricted item on the land and that prior approval of the chief executive is required for possessing a restricted item on the land.\ncorrective services land means—\nland on which a corrective services facility is located; or\nland owned or leased by the State adjacent to a corrective services facility and used for a purpose associated with the corrective services facility; or\nland owned or leased by the State and used for a purpose related to the supervision or accommodation of supervised dangerous prisoners (sexual offenders); or\nland comprising the premises and curtilage of a community corrections office or other place at which community corrective services are provided; or\nland owned or leased by the State and used as an educational or training facility for corrective services officers.\nrestricted item means an item prescribed by regulation to be a restricted item.\ns 124B ins 2024 No. 25 s 7\n(sec.124B-ssec.1) A person must not possess a restricted item while on corrective services land if the person knows, or ought reasonably to know, that the person is on corrective services land. Maximum penalty—2 years imprisonment.\n(sec.124B-ssec.2) Subsection (1) does not apply if— the possession is approved by the chief executive; or the person is an officer of a law enforcement agency, protective service or emergency service acting in that capacity; or the person is assisting an officer acting under paragraph (b) .\n(sec.124B-ssec.3) If it is established in a prosecution for an offence against subsection (1) that there was, at the time of the alleged offence, appropriate signage at the corrective services land, the defendant bears the evidential burden of proving the defendant did not know, and could not by the exercise of reasonable diligence have known, that the land was corrective services land.\n(sec.124B-ssec.4) In this section— appropriate signage , for corrective services land, means signage— identifying the land as corrective services land; or warning a person entering the land that there is an increased penalty for possessing a restricted item on the land and that prior approval of the chief executive is required for possessing a restricted item on the land. corrective services land means— land on which a corrective services facility is located; or land owned or leased by the State adjacent to a corrective services facility and used for a purpose associated with the corrective services facility; or land owned or leased by the State and used for a purpose related to the supervision or accommodation of supervised dangerous prisoners (sexual offenders); or land comprising the premises and curtilage of a community corrections office or other place at which community corrective services are provided; or land owned or leased by the State and used as an educational or training facility for corrective services officers. restricted item means an item prescribed by regulation to be a restricted item.\n- (a) the possession is approved by the chief executive; or\n- (b) the person is an officer of a law enforcement agency, protective service or emergency service acting in that capacity; or\n- (c) the person is assisting an officer acting under paragraph (b) .\n- (a) identifying the land as corrective services land; or\n- (b) warning a person entering the land that there is an increased penalty for possessing a restricted item on the land and that prior approval of the chief executive is required for possessing a restricted item on the land.\n- (a) land on which a corrective services facility is located; or\n- (b) land owned or leased by the State adjacent to a corrective services facility and used for a purpose associated with the corrective services facility; or\n- (c) land owned or leased by the State and used for a purpose related to the supervision or accommodation of supervised dangerous prisoners (sexual offenders); or\n- (d) land comprising the premises and curtilage of a community corrections office or other place at which community corrective services are provided; or\n- (e) land owned or leased by the State and used as an educational or training facility for corrective services officers.","sortOrder":180},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"General offences","content":"# General offences","sortOrder":181},{"sectionNumber":"sec.125","sectionType":"section","heading":"Definition for pt 3","content":"### sec.125 Definition for pt 3\n\nIn this part—\nperson does not include a prisoner, other than a prisoner who is released on parole or a supervised dangerous prisoner (sexual offender).","sortOrder":182},{"sectionNumber":"sec.126","sectionType":"section","heading":"Helping prisoner at large","content":"### sec.126 Helping prisoner at large\n\nA person must not aid someone that the person knows, or ought reasonably know, is a prisoner who is unlawfully at large.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nIn this section—\naid includes abet, employ, harbour and maintain.\n(sec.126-ssec.1) A person must not aid someone that the person knows, or ought reasonably know, is a prisoner who is unlawfully at large. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.126-ssec.2) In this section— aid includes abet, employ, harbour and maintain.","sortOrder":183},{"sectionNumber":"sec.127","sectionType":"section","heading":"Obstructing staff member or proper officer of a court","content":"### sec.127 Obstructing staff member or proper officer of a court\n\nA person must not obstruct a staff member who is performing a function or exercising a power under this Act, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units or 1 year’s imprisonment.\nA person must not obstruct the proper officer of a court who is performing a function or exercising a power under this Act, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units or 1 year’s imprisonment.\nA person who obstructs a corrective services dog under the control of a corrective services officer who is performing duties under this Act is taken to obstruct a corrective services officer.\nIn this section—\nobstruct includes hinder, resist and attempt to obstruct.\n(sec.127-ssec.1) A person must not obstruct a staff member who is performing a function or exercising a power under this Act, unless the person has a reasonable excuse. Maximum penalty—40 penalty units or 1 year’s imprisonment.\n(sec.127-ssec.2) A person must not obstruct the proper officer of a court who is performing a function or exercising a power under this Act, unless the person has a reasonable excuse. Maximum penalty—40 penalty units or 1 year’s imprisonment.\n(sec.127-ssec.3) A person who obstructs a corrective services dog under the control of a corrective services officer who is performing duties under this Act is taken to obstruct a corrective services officer.\n(sec.127-ssec.4) In this section— obstruct includes hinder, resist and attempt to obstruct.","sortOrder":184},{"sectionNumber":"sec.128","sectionType":"section","heading":"Taking prohibited thing into corrective services facility or giving prohibited thing to prisoner","content":"### sec.128 Taking prohibited thing into corrective services facility or giving prohibited thing to prisoner\n\nA person must not—\ntake, or attempt to take, a prohibited thing into a corrective services facility; or\ncause, or attempt to cause, a prohibited thing to be taken into a corrective services facility; or\ngive, or attempt to give, a prohibited thing to a prisoner in a corrective services facility or to a prisoner of a court; or\ncause, or attempt to cause, a prohibited thing to be given to a prisoner in a corrective services facility or to a prisoner of a court.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nA person does not commit an offence against subsection (1) if, for the relevant act carried out or attempted, the person has the approval of—\nif the act relates to a corrective services facility or a prisoner—the chief executive; or\nif the act relates to a prisoner of a court—the proper officer of the court.\nIn this section—\ngive includes send.\nprohibited thing includes something that the person intends the prisoner or prisoner of a court to use to make a prohibited thing.\n(sec.128-ssec.1) A person must not— take, or attempt to take, a prohibited thing into a corrective services facility; or cause, or attempt to cause, a prohibited thing to be taken into a corrective services facility; or give, or attempt to give, a prohibited thing to a prisoner in a corrective services facility or to a prisoner of a court; or cause, or attempt to cause, a prohibited thing to be given to a prisoner in a corrective services facility or to a prisoner of a court. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.128-ssec.2) A person does not commit an offence against subsection (1) if, for the relevant act carried out or attempted, the person has the approval of— if the act relates to a corrective services facility or a prisoner—the chief executive; or if the act relates to a prisoner of a court—the proper officer of the court.\n(sec.128-ssec.3) In this section— give includes send. prohibited thing includes something that the person intends the prisoner or prisoner of a court to use to make a prohibited thing.\n- (a) take, or attempt to take, a prohibited thing into a corrective services facility; or\n- (b) cause, or attempt to cause, a prohibited thing to be taken into a corrective services facility; or\n- (c) give, or attempt to give, a prohibited thing to a prisoner in a corrective services facility or to a prisoner of a court; or\n- (d) cause, or attempt to cause, a prohibited thing to be given to a prisoner in a corrective services facility or to a prisoner of a court.\n- (a) if the act relates to a corrective services facility or a prisoner—the chief executive; or\n- (b) if the act relates to a prisoner of a court—the proper officer of the court.","sortOrder":185},{"sectionNumber":"sec.129","sectionType":"section","heading":"Removing things from corrective services facility","content":"### sec.129 Removing things from corrective services facility\n\nA person must not, without the chief executive’s approval—\nremove, or attempt to remove, anything from a corrective services facility; or\ncause, or attempt to cause, anything to be removed from a corrective services facility; or\ntake, or attempt to take, anything from a prisoner whether inside or outside a corrective services facility.\nMaximum penalty—40 penalty units.\nSubsection (1) (c) does not apply to a corrective services officer acting in the course of the officer’s duties as a corrective services officer.\n(sec.129-ssec.1) A person must not, without the chief executive’s approval— remove, or attempt to remove, anything from a corrective services facility; or cause, or attempt to cause, anything to be removed from a corrective services facility; or take, or attempt to take, anything from a prisoner whether inside or outside a corrective services facility. Maximum penalty—40 penalty units.\n(sec.129-ssec.2) Subsection (1) (c) does not apply to a corrective services officer acting in the course of the officer’s duties as a corrective services officer.\n- (a) remove, or attempt to remove, anything from a corrective services facility; or\n- (b) cause, or attempt to cause, anything to be removed from a corrective services facility; or\n- (c) take, or attempt to take, anything from a prisoner whether inside or outside a corrective services facility.","sortOrder":186},{"sectionNumber":"sec.130","sectionType":"section","heading":"Unlawful entry","content":"### sec.130 Unlawful entry\n\nA person must not—\nenter, or attempt to enter, a corrective services facility without the chief executive’s approval; or\nassume a false identity for the purpose of entering a corrective services facility.\nMaximum penalty—100 penalty units or 2 years imprisonment.\n- (a) enter, or attempt to enter, a corrective services facility without the chief executive’s approval; or\n- (b) assume a false identity for the purpose of entering a corrective services facility.","sortOrder":187},{"sectionNumber":"sec.131","sectionType":"section","heading":"Killing or injuring corrective services dog","content":"### sec.131 Killing or injuring corrective services dog\n\nA person must not, without the chief executive’s approval—\nkill or injure a corrective services dog; or\nattempt to kill or injure a corrective services dog.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nIf a person is convicted of killing or injuring a corrective services dog, the court may, in addition to a penalty imposed under subsection (1) , order the person to pay to the chief executive the reasonable costs of the chief executive for—\nveterinary treatment and care of the dog; or\nretraining the dog; or\nacquiring and training a replacement dog.\n(sec.131-ssec.1) A person must not, without the chief executive’s approval— kill or injure a corrective services dog; or attempt to kill or injure a corrective services dog. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.131-ssec.2) If a person is convicted of killing or injuring a corrective services dog, the court may, in addition to a penalty imposed under subsection (1) , order the person to pay to the chief executive the reasonable costs of the chief executive for— veterinary treatment and care of the dog; or retraining the dog; or acquiring and training a replacement dog.\n- (a) kill or injure a corrective services dog; or\n- (b) attempt to kill or injure a corrective services dog.\n- (a) veterinary treatment and care of the dog; or\n- (b) retraining the dog; or\n- (c) acquiring and training a replacement dog.","sortOrder":188},{"sectionNumber":"sec.131A","sectionType":"section","heading":"Wilfully and unlawfully killing or seriously injuring corrective services dog","content":"### sec.131A Wilfully and unlawfully killing or seriously injuring corrective services dog\n\nA person, or a prisoner, must not wilfully and unlawfully kill or cause serious injury to a corrective services dog—\nthat is being used by a corrective services officer in the performance of the officer’s duties; or\nbecause of, or in retaliation for, its use by a corrective services officer in the performance of the officer’s duties.\nMaximum penalty—5 years imprisonment.\nA person, or a prisoner, must not attempt to commit an offence against subsection (1) .\nMaximum penalty—5 years imprisonment.\nAn offence against subsection (1) or (2) is a crime.\nA court that finds a person, or a prisoner, guilty of an offence against subsection (1) or (2) may, in addition to any penalty that may be imposed, order the person, or the prisoner, to pay to the chief executive a reasonable amount for—\nthe treatment, care, rehabilitation and retraining of the corrective services dog concerned; or\nif it is necessary to replace the corrective services dog—buying and training the corrective services dog replacement.\nIn this section—\nserious injury see the Criminal Code , section 242 (3) .\nunlawfully means without authorisation, justification or excuse by law.\ns 131A ins 2021 No. 24 s 6\n(sec.131A-ssec.1) A person, or a prisoner, must not wilfully and unlawfully kill or cause serious injury to a corrective services dog— that is being used by a corrective services officer in the performance of the officer’s duties; or because of, or in retaliation for, its use by a corrective services officer in the performance of the officer’s duties. Maximum penalty—5 years imprisonment.\n(sec.131A-ssec.2) A person, or a prisoner, must not attempt to commit an offence against subsection (1) . Maximum penalty—5 years imprisonment.\n(sec.131A-ssec.3) An offence against subsection (1) or (2) is a crime.\n(sec.131A-ssec.4) A court that finds a person, or a prisoner, guilty of an offence against subsection (1) or (2) may, in addition to any penalty that may be imposed, order the person, or the prisoner, to pay to the chief executive a reasonable amount for— the treatment, care, rehabilitation and retraining of the corrective services dog concerned; or if it is necessary to replace the corrective services dog—buying and training the corrective services dog replacement.\n(sec.131A-ssec.5) In this section— serious injury see the Criminal Code , section 242 (3) . unlawfully means without authorisation, justification or excuse by law.\n- (a) that is being used by a corrective services officer in the performance of the officer’s duties; or\n- (b) because of, or in retaliation for, its use by a corrective services officer in the performance of the officer’s duties.\n- (a) the treatment, care, rehabilitation and retraining of the corrective services dog concerned; or\n- (b) if it is necessary to replace the corrective services dog—buying and training the corrective services dog replacement.","sortOrder":189},{"sectionNumber":"sec.132","sectionType":"section","heading":"Interviewing and photographing prisoner etc.","content":"### sec.132 Interviewing and photographing prisoner etc.\n\nA person must not—\ninterview a prisoner, or obtain a written or recorded statement from a prisoner, whether the prisoner is inside or outside a corrective services facility; or\nPrisoner, as defined in schedule 4 , includes a prisoner released on parole.\nphotograph or attempt to photograph—\na prisoner inside a corrective services facility; or\na part of a corrective services facility.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nA person does not commit an offence against subsection (1) if the person is—\nfor subsection (1) (a) or (b) (i) —the prisoner’s lawyer; or\nan employee of a law enforcement agency; or\nthe ombudsman; or\nthe inspector of detention services; or\na person who has the chief executive’s written approval to carry out the activity mentioned in the subsection.\nIn this section—\nphotograph includes record or create a visual image other than by photography.\ns 132 amd 2022 No. 18 s 56\n(sec.132-ssec.1) A person must not— interview a prisoner, or obtain a written or recorded statement from a prisoner, whether the prisoner is inside or outside a corrective services facility; or Prisoner, as defined in schedule 4 , includes a prisoner released on parole. photograph or attempt to photograph— a prisoner inside a corrective services facility; or a part of a corrective services facility. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.132-ssec.2) A person does not commit an offence against subsection (1) if the person is— for subsection (1) (a) or (b) (i) —the prisoner’s lawyer; or an employee of a law enforcement agency; or the ombudsman; or the inspector of detention services; or a person who has the chief executive’s written approval to carry out the activity mentioned in the subsection.\n(sec.132-ssec.3) In this section— photograph includes record or create a visual image other than by photography.\n- (a) interview a prisoner, or obtain a written or recorded statement from a prisoner, whether the prisoner is inside or outside a corrective services facility; or Note— Prisoner, as defined in schedule 4 , includes a prisoner released on parole.\n- (b) photograph or attempt to photograph— (i) a prisoner inside a corrective services facility; or (ii) a part of a corrective services facility.\n- (i) a prisoner inside a corrective services facility; or\n- (ii) a part of a corrective services facility.\n- (i) a prisoner inside a corrective services facility; or\n- (ii) a part of a corrective services facility.\n- (a) for subsection (1) (a) or (b) (i) —the prisoner’s lawyer; or\n- (b) an employee of a law enforcement agency; or\n- (c) the ombudsman; or\n- (d) the inspector of detention services; or\n- (e) a person who has the chief executive’s written approval to carry out the activity mentioned in the subsection.","sortOrder":190},{"sectionNumber":"sec.132A","sectionType":"section","heading":"Unlawful use of drones around corrective services facilities","content":"### sec.132A Unlawful use of drones around corrective services facilities\n\nA person (the operator ) must not operate, or attempt to operate, a drone at a corrective services facility or the land on which the facility is located, without reasonable excuse.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nSubsection (1) does not apply if—\nthe operation of the drone is approved by the chief executive; or\nthe operator is an officer of a law enforcement agency or emergency service and the drone is being used to assist the officer in carrying out the officer’s functions; or\nthe operator is acting on behalf of, or under the direction of, a person mentioned in paragraph (b) .\nSubsection (1) applies to the operation of a drone regardless of the location of the operator.\nIn this section—\nat includes above.\ndrone means a device that is—\ncapable of flight; and\nremotely piloted or able to be programmed to autonomously fly a particular route; and\nnot capable of transporting a person.\nemergency service includes—\nthe Queensland Ambulance Service established under the Ambulance Service Act 1991 , section 3A ; and\nthe St John Ambulance Australia Queensland Limited; and\nQueensland Fire and Rescue established under the Fire Services Act 1990 , section 8 (1) ; and\nRural Fire Service Queensland established under the Fire Services Act 1990 , section 8 (2) ; and\nthe State Emergency Service; and\na rural fire brigade.\nofficer , of an emergency service that is the State Emergency Service or a rural fire brigade, includes a member of the State Emergency Service or rural fire brigade.\nrural fire brigade means a rural fire brigade registered under the Fire Services Act 1990 .\nState Emergency Service means the State Emergency Service under the State Emergency Service Act 2024 .\ns 132A ins 2023 No. 14 s 15\namd 2024 No. 18 s 39 sch 1 ; 2024 No. 22 s 92 sch 1\n(sec.132A-ssec.1) A person (the operator ) must not operate, or attempt to operate, a drone at a corrective services facility or the land on which the facility is located, without reasonable excuse. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.132A-ssec.2) Subsection (1) does not apply if— the operation of the drone is approved by the chief executive; or the operator is an officer of a law enforcement agency or emergency service and the drone is being used to assist the officer in carrying out the officer’s functions; or the operator is acting on behalf of, or under the direction of, a person mentioned in paragraph (b) .\n(sec.132A-ssec.3) Subsection (1) applies to the operation of a drone regardless of the location of the operator.\n(sec.132A-ssec.4) In this section— at includes above. drone means a device that is— capable of flight; and remotely piloted or able to be programmed to autonomously fly a particular route; and not capable of transporting a person. emergency service includes— the Queensland Ambulance Service established under the Ambulance Service Act 1991 , section 3A ; and the St John Ambulance Australia Queensland Limited; and Queensland Fire and Rescue established under the Fire Services Act 1990 , section 8 (1) ; and Rural Fire Service Queensland established under the Fire Services Act 1990 , section 8 (2) ; and the State Emergency Service; and a rural fire brigade. officer , of an emergency service that is the State Emergency Service or a rural fire brigade, includes a member of the State Emergency Service or rural fire brigade. rural fire brigade means a rural fire brigade registered under the Fire Services Act 1990 . State Emergency Service means the State Emergency Service under the State Emergency Service Act 2024 .\n- (a) the operation of the drone is approved by the chief executive; or\n- (b) the operator is an officer of a law enforcement agency or emergency service and the drone is being used to assist the officer in carrying out the officer’s functions; or\n- (c) the operator is acting on behalf of, or under the direction of, a person mentioned in paragraph (b) .\n- (a) capable of flight; and\n- (b) remotely piloted or able to be programmed to autonomously fly a particular route; and\n- (c) not capable of transporting a person.\n- (a) the Queensland Ambulance Service established under the Ambulance Service Act 1991 , section 3A ; and\n- (b) the St John Ambulance Australia Queensland Limited; and\n- (c) Queensland Fire and Rescue established under the Fire Services Act 1990 , section 8 (1) ; and\n- (d) Rural Fire Service Queensland established under the Fire Services Act 1990 , section 8 (2) ; and\n- (e) the State Emergency Service; and\n- (f) a rural fire brigade.","sortOrder":191},{"sectionNumber":"sec.133","sectionType":"section","heading":"Interfering with records","content":"### sec.133 Interfering with records\n\nA person must not, without the chief executive’s approval—\ntake, or attempt to take, information from a record kept under this Act; or\ndestroy, or attempt to destroy, information in a record kept under this Act.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nA person must not make, or attempt to make, a false entry in a record kept under this Act.\nMaximum penalty—100 penalty units or 2 years imprisonment.\n(sec.133-ssec.1) A person must not, without the chief executive’s approval— take, or attempt to take, information from a record kept under this Act; or destroy, or attempt to destroy, information in a record kept under this Act. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.133-ssec.2) A person must not make, or attempt to make, a false entry in a record kept under this Act. Maximum penalty—100 penalty units or 2 years imprisonment.\n- (a) take, or attempt to take, information from a record kept under this Act; or\n- (b) destroy, or attempt to destroy, information in a record kept under this Act.","sortOrder":192},{"sectionNumber":"sec.134","sectionType":"section","heading":"False or misleading information","content":"### sec.134 False or misleading information\n\nA person must not give information to an official, including in a document, that the person knows is false or misleading in a material particular.\nMaximum penalty—\nif the person is a prisoner—2 years imprisonment; or\notherwise—100 penalty units or 2 years imprisonment.\nSubsection (1) does not apply to a person giving a document, if the person when giving the document—\ninforms the official, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\nIt is enough for a complaint against a person for an offence against subsection (1) to state that the information was, without specifying which, false or misleading.\nIn this section—\nofficial means any of the following when performing a function or exercising a power under this Act—\nthe chief executive;\na staff member;\na corrective services officer;\nthe parole board;\nan inspector;\nan official visitor.\ns 134 amd 2017 No. 15 s 24 sch 1\n(sec.134-ssec.1) A person must not give information to an official, including in a document, that the person knows is false or misleading in a material particular. Maximum penalty— if the person is a prisoner—2 years imprisonment; or otherwise—100 penalty units or 2 years imprisonment.\n(sec.134-ssec.2) Subsection (1) does not apply to a person giving a document, if the person when giving the document— informs the official, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.134-ssec.3) It is enough for a complaint against a person for an offence against subsection (1) to state that the information was, without specifying which, false or misleading.\n(sec.134-ssec.4) In this section— official means any of the following when performing a function or exercising a power under this Act— the chief executive; a staff member; a corrective services officer; the parole board; an inspector; an official visitor.\n- (a) if the person is a prisoner—2 years imprisonment; or\n- (b) otherwise—100 penalty units or 2 years imprisonment.\n- (a) informs the official, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) the chief executive;\n- (b) a staff member;\n- (c) a corrective services officer;\n- (d) the parole board;\n- (e) an inspector;\n- (f) an official visitor.","sortOrder":193},{"sectionNumber":"sec.135","sectionType":"section","heading":"Person near prisoner","content":"### sec.135 Person near prisoner\n\nThis section applies if an official with control of a prisoner reasonably believes a person near the prisoner is acting in a way that poses a risk to—\nthe security of the prisoner; or\nthe security or good order of the place in which the prisoner is detained.\nThe official may require the person to leave the vicinity of the prisoner or place of detention.\nWhen making the requirement, the official must warn the person that—\nit is an offence for the person not to comply with the requirement, unless the person has a reasonable excuse; and\nthe official may take the action mentioned in subsection (5) .\nThe person must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units or 1 year’s imprisonment.\nIf the person fails to comply with the requirement, the official, using reasonably necessary force, may—\nremove the person from the vicinity of the prisoner or place of detention; or\nif the official is not a police officer, detain the person until the person can be handed over to a police officer.\nHowever, the person must not be detained under subsection (5) (b) for longer than 4 hours.\nIn this section—\nofficial means a corrective services officer, police officer or proper officer of a court.\nprisoner includes a prisoner of a court.\n(sec.135-ssec.1) This section applies if an official with control of a prisoner reasonably believes a person near the prisoner is acting in a way that poses a risk to— the security of the prisoner; or the security or good order of the place in which the prisoner is detained.\n(sec.135-ssec.2) The official may require the person to leave the vicinity of the prisoner or place of detention.\n(sec.135-ssec.3) When making the requirement, the official must warn the person that— it is an offence for the person not to comply with the requirement, unless the person has a reasonable excuse; and the official may take the action mentioned in subsection (5) .\n(sec.135-ssec.4) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units or 1 year’s imprisonment.\n(sec.135-ssec.5) If the person fails to comply with the requirement, the official, using reasonably necessary force, may— remove the person from the vicinity of the prisoner or place of detention; or if the official is not a police officer, detain the person until the person can be handed over to a police officer.\n(sec.135-ssec.6) However, the person must not be detained under subsection (5) (b) for longer than 4 hours.\n(sec.135-ssec.7) In this section— official means a corrective services officer, police officer or proper officer of a court. prisoner includes a prisoner of a court.\n- (a) the security of the prisoner; or\n- (b) the security or good order of the place in which the prisoner is detained.\n- (a) it is an offence for the person not to comply with the requirement, unless the person has a reasonable excuse; and\n- (b) the official may take the action mentioned in subsection (5) .\n- (a) remove the person from the vicinity of the prisoner or place of detention; or\n- (b) if the official is not a police officer, detain the person until the person can be handed over to a police officer.","sortOrder":194},{"sectionNumber":"sec.136","sectionType":"section","heading":"Temporary detention for security offence","content":"### sec.136 Temporary detention for security offence\n\nThis section applies if a corrective services officer—\nfinds a person committing a security offence; or\nfinds a person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has just committed a security offence.\nThe corrective services officer may, using reasonably necessary force—\nconduct a general search or scanning search of the person; and\nsearch anything in the person’s possession, including a motor vehicle.\nThe corrective services officer may, using reasonably necessary force, detain the person until the person can be handed over to a police officer.\nHowever, the person must not be detained under subsection (3) for longer than 4 hours.\nIn this section—\nsecurity offence means an offence against this part, or another offence, that poses a risk to—\nthe security or good order of a corrective services facility; or\nthe security of a prisoner or a prisoner of a court.\n(sec.136-ssec.1) This section applies if a corrective services officer— finds a person committing a security offence; or finds a person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has just committed a security offence.\n(sec.136-ssec.2) The corrective services officer may, using reasonably necessary force— conduct a general search or scanning search of the person; and search anything in the person’s possession, including a motor vehicle.\n(sec.136-ssec.3) The corrective services officer may, using reasonably necessary force, detain the person until the person can be handed over to a police officer.\n(sec.136-ssec.4) However, the person must not be detained under subsection (3) for longer than 4 hours.\n(sec.136-ssec.5) In this section— security offence means an offence against this part, or another offence, that poses a risk to— the security or good order of a corrective services facility; or the security of a prisoner or a prisoner of a court.\n- (a) finds a person committing a security offence; or\n- (b) finds a person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has just committed a security offence.\n- (a) conduct a general search or scanning search of the person; and\n- (b) search anything in the person’s possession, including a motor vehicle.\n- (a) the security or good order of a corrective services facility; or\n- (b) the security of a prisoner or a prisoner of a court.","sortOrder":195},{"sectionNumber":"sec.137","sectionType":"section","heading":"Power to require name and address","content":"### sec.137 Power to require name and address\n\nThis section applies if a corrective services officer—\nfinds a person committing an offence against this Act; or\nfinds a person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has just committed an offence against this Act.\nThe corrective services officer may require the person to state the person’s name and address.\nWhen making the requirement, the corrective services officer must warn the person it is an offence for the person not to state the person’s name or address, unless the person has a reasonable excuse.\nThe corrective services officer may require the person to give evidence of the correctness of the stated name or address if the officer reasonably suspects the stated name or address is false.\nThe person must comply with a requirement under subsection (2) or (4) , unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units or 6 months imprisonment.\nA person does not commit an offence against subsection (5) if—\nthe person was required to state the person’s name and address by a corrective services officer; and\nthe person is not proved to have committed the offence.\n(sec.137-ssec.1) This section applies if a corrective services officer— finds a person committing an offence against this Act; or finds a person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has just committed an offence against this Act.\n(sec.137-ssec.2) The corrective services officer may require the person to state the person’s name and address.\n(sec.137-ssec.3) When making the requirement, the corrective services officer must warn the person it is an offence for the person not to state the person’s name or address, unless the person has a reasonable excuse.\n(sec.137-ssec.4) The corrective services officer may require the person to give evidence of the correctness of the stated name or address if the officer reasonably suspects the stated name or address is false.\n(sec.137-ssec.5) The person must comply with a requirement under subsection (2) or (4) , unless the person has a reasonable excuse. Maximum penalty—40 penalty units or 6 months imprisonment.\n(sec.137-ssec.6) A person does not commit an offence against subsection (5) if— the person was required to state the person’s name and address by a corrective services officer; and the person is not proved to have committed the offence.\n- (a) finds a person committing an offence against this Act; or\n- (b) finds a person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has just committed an offence against this Act.\n- (a) the person was required to state the person’s name and address by a corrective services officer; and\n- (b) the person is not proved to have committed the offence.","sortOrder":196},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Seizing property","content":"# Seizing property","sortOrder":197},{"sectionNumber":"sec.138","sectionType":"section","heading":"Seizing property","content":"### sec.138 Seizing property\n\nA corrective services officer may seize—\nanything found in a corrective services facility, whether or not in a person’s possession, that the officer reasonably considers poses, or is likely to pose, a risk to—\nthe security or good order of the facility; or\nthe safety of persons in the facility; or\na prohibited thing found in a corrective services facility, other than on or in the possession of a prisoner who has the chief executive’s written approval to possess the thing; or\na prohibited thing found on or in the possession of a prisoner who does not have the chief executive’s written approval to possess the thing.\nA corrective services officer must not seize a document to which legal professional privilege attaches.\nSection 140 (6) does not apply in relation to a thing seized under this section if the chief executive refers the matter to the commissioner under section 114 .\ns 138 amd 2020 No. 23 s 18\n(sec.138-ssec.1) A corrective services officer may seize— anything found in a corrective services facility, whether or not in a person’s possession, that the officer reasonably considers poses, or is likely to pose, a risk to— the security or good order of the facility; or the safety of persons in the facility; or a prohibited thing found in a corrective services facility, other than on or in the possession of a prisoner who has the chief executive’s written approval to possess the thing; or a prohibited thing found on or in the possession of a prisoner who does not have the chief executive’s written approval to possess the thing.\n(sec.138-ssec.2) A corrective services officer must not seize a document to which legal professional privilege attaches.\n(sec.138-ssec.3) Section 140 (6) does not apply in relation to a thing seized under this section if the chief executive refers the matter to the commissioner under section 114 .\n- (a) anything found in a corrective services facility, whether or not in a person’s possession, that the officer reasonably considers poses, or is likely to pose, a risk to— (i) the security or good order of the facility; or (ii) the safety of persons in the facility; or\n- (i) the security or good order of the facility; or\n- (ii) the safety of persons in the facility; or\n- (b) a prohibited thing found in a corrective services facility, other than on or in the possession of a prisoner who has the chief executive’s written approval to possess the thing; or\n- (c) a prohibited thing found on or in the possession of a prisoner who does not have the chief executive’s written approval to possess the thing.\n- (i) the security or good order of the facility; or\n- (ii) the safety of persons in the facility; or","sortOrder":198},{"sectionNumber":"sec.139","sectionType":"section","heading":"Receipt for seized property","content":"### sec.139 Receipt for seized property\n\nAfter a thing is seized from a person under section 46 , 47 , 48 or 138 , a corrective services officer must give the person a receipt for the thing.\nThe receipt must—\ngenerally describe the thing seized; and\ninclude any other information required under a regulation.\nThis section does not apply to a thing if it would be impracticable or unreasonable to expect the corrective services officer to account for the thing given its condition, nature and value.\n(sec.139-ssec.1) After a thing is seized from a person under section 46 , 47 , 48 or 138 , a corrective services officer must give the person a receipt for the thing.\n(sec.139-ssec.2) The receipt must— generally describe the thing seized; and include any other information required under a regulation.\n(sec.139-ssec.3) This section does not apply to a thing if it would be impracticable or unreasonable to expect the corrective services officer to account for the thing given its condition, nature and value.\n- (a) generally describe the thing seized; and\n- (b) include any other information required under a regulation.","sortOrder":199},{"sectionNumber":"sec.140","sectionType":"section","heading":"Forfeiting seized thing","content":"### sec.140 Forfeiting seized thing\n\nA thing seized under section 46 , 47 , 48 or 138 is forfeited to the State if the chief executive decides to forfeit the thing because the chief executive—\ncan not find its owner after making reasonable inquiries, given the thing’s apparent value; or\nis unable, after making reasonable efforts, to return it to its owner; or\nreasonably believes—\npossession of the thing by a prisoner is an offence or a breach of discipline; or\nit is necessary to keep the thing to stop it being used to commit an offence; or\nthe thing is inherently unsafe.\nIf the chief executive decides to forfeit a thing because of subsection (1) (c) , the chief executive must, by written notice, tell the owner of the thing of the decision and reasons for the decision.\nSubsection (2) does not apply if the chief executive can not find the owner of the thing after making reasonable inquiries, given the thing’s apparent value.\nFor this section, regard must be had to the thing’s condition, nature and value in deciding—\nwhether it is reasonable to make efforts or inquiries; and\nif efforts or inquiries are made—what efforts or inquiries, including the period over which they are made, are reasonable.\nA thing forfeited under this section—\nbecomes the State’s property; and\nmay be dealt with by the chief executive as the chief executive considers appropriate, including, for example, by—\nkeeping the thing and applying it for the benefit of prisoners generally; or\ndonating the thing to a registered charity; or\ndestroying it.\nHowever, the chief executive must not deal with the thing, unless it is perishable, before the later of the following happens—\n28 days elapses after the notice required under subsection (2) was given;\nif, within the 28 days mentioned in paragraph (a) , an application is made under the Justices Act 1886 , section 39 in relation to the property—the application, and any appeal against the application, is decided.\nThe Justices Act 1886 , section 39 deals with the power of a Magistrates Court to order delivery of certain property.\ns 140 amd 2020 No. 23 s 19\n(sec.140-ssec.1) A thing seized under section 46 , 47 , 48 or 138 is forfeited to the State if the chief executive decides to forfeit the thing because the chief executive— can not find its owner after making reasonable inquiries, given the thing’s apparent value; or is unable, after making reasonable efforts, to return it to its owner; or reasonably believes— possession of the thing by a prisoner is an offence or a breach of discipline; or it is necessary to keep the thing to stop it being used to commit an offence; or the thing is inherently unsafe.\n(sec.140-ssec.2) If the chief executive decides to forfeit a thing because of subsection (1) (c) , the chief executive must, by written notice, tell the owner of the thing of the decision and reasons for the decision.\n(sec.140-ssec.3) Subsection (2) does not apply if the chief executive can not find the owner of the thing after making reasonable inquiries, given the thing’s apparent value.\n(sec.140-ssec.4) For this section, regard must be had to the thing’s condition, nature and value in deciding— whether it is reasonable to make efforts or inquiries; and if efforts or inquiries are made—what efforts or inquiries, including the period over which they are made, are reasonable.\n(sec.140-ssec.5) A thing forfeited under this section— becomes the State’s property; and may be dealt with by the chief executive as the chief executive considers appropriate, including, for example, by— keeping the thing and applying it for the benefit of prisoners generally; or donating the thing to a registered charity; or destroying it.\n(sec.140-ssec.6) However, the chief executive must not deal with the thing, unless it is perishable, before the later of the following happens— 28 days elapses after the notice required under subsection (2) was given; if, within the 28 days mentioned in paragraph (a) , an application is made under the Justices Act 1886 , section 39 in relation to the property—the application, and any appeal against the application, is decided. The Justices Act 1886 , section 39 deals with the power of a Magistrates Court to order delivery of certain property.\n- (a) can not find its owner after making reasonable inquiries, given the thing’s apparent value; or\n- (b) is unable, after making reasonable efforts, to return it to its owner; or\n- (c) reasonably believes— (i) possession of the thing by a prisoner is an offence or a breach of discipline; or (ii) it is necessary to keep the thing to stop it being used to commit an offence; or (iii) the thing is inherently unsafe.\n- (i) possession of the thing by a prisoner is an offence or a breach of discipline; or\n- (ii) it is necessary to keep the thing to stop it being used to commit an offence; or\n- (iii) the thing is inherently unsafe.\n- (i) possession of the thing by a prisoner is an offence or a breach of discipline; or\n- (ii) it is necessary to keep the thing to stop it being used to commit an offence; or\n- (iii) the thing is inherently unsafe.\n- (a) whether it is reasonable to make efforts or inquiries; and\n- (b) if efforts or inquiries are made—what efforts or inquiries, including the period over which they are made, are reasonable.\n- (a) becomes the State’s property; and\n- (b) may be dealt with by the chief executive as the chief executive considers appropriate, including, for example, by— (i) keeping the thing and applying it for the benefit of prisoners generally; or (ii) donating the thing to a registered charity; or (iii) destroying it.\n- (i) keeping the thing and applying it for the benefit of prisoners generally; or\n- (ii) donating the thing to a registered charity; or\n- (iii) destroying it.\n- (i) keeping the thing and applying it for the benefit of prisoners generally; or\n- (ii) donating the thing to a registered charity; or\n- (iii) destroying it.\n- (a) 28 days elapses after the notice required under subsection (2) was given;\n- (b) if, within the 28 days mentioned in paragraph (a) , an application is made under the Justices Act 1886 , section 39 in relation to the property—the application, and any appeal against the application, is decided. Note— The Justices Act 1886 , section 39 deals with the power of a Magistrates Court to order delivery of certain property.","sortOrder":200},{"sectionNumber":"sec.141","sectionType":"section","heading":"Returning seized thing","content":"### sec.141 Returning seized thing\n\nIf a thing seized under section 46 , 47 , 48 or 138 is not forfeited under section 140 , the chief executive must return it to its owner at the end of—\n6 months after it is seized; or\nif a proceeding for an offence involving it is started within the 6 months—the proceeding and any appeal from the proceeding.\nHowever, if the thing was being retained as evidence of an offence and the chief executive becomes satisfied its retention as evidence is no longer necessary, the chief executive must return it immediately.\nDespite subsection (1) , the chief executive may retain a seized thing if the chief executive reasonably considers its return is inappropriate.\na letter written by the prisoner to a victim of the prisoner\n(sec.141-ssec.1) If a thing seized under section 46 , 47 , 48 or 138 is not forfeited under section 140 , the chief executive must return it to its owner at the end of— 6 months after it is seized; or if a proceeding for an offence involving it is started within the 6 months—the proceeding and any appeal from the proceeding.\n(sec.141-ssec.2) However, if the thing was being retained as evidence of an offence and the chief executive becomes satisfied its retention as evidence is no longer necessary, the chief executive must return it immediately.\n(sec.141-ssec.3) Despite subsection (1) , the chief executive may retain a seized thing if the chief executive reasonably considers its return is inappropriate. a letter written by the prisoner to a victim of the prisoner\n- (a) 6 months after it is seized; or\n- (b) if a proceeding for an offence involving it is started within the 6 months—the proceeding and any appeal from the proceeding.","sortOrder":201},{"sectionNumber":"sec.142","sectionType":"section","heading":"Power of court in relation to seized thing","content":"### sec.142 Power of court in relation to seized thing\n\nTo remove any doubt, it is declared that the Justices Act 1886 , section 39 applies, in addition to this part, to a seized thing.\nWhen applying the Justices Act 1886 , section 39 , the thing is taken not to have become the property of the State.\n(sec.142-ssec.1) To remove any doubt, it is declared that the Justices Act 1886 , section 39 applies, in addition to this part, to a seized thing.\n(sec.142-ssec.2) When applying the Justices Act 1886 , section 39 , the thing is taken not to have become the property of the State.","sortOrder":202},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Use of force","content":"# Use of force","sortOrder":203},{"sectionNumber":"ch.3-pt.5-div.1","sectionType":"division","heading":"Use of reasonable force","content":"## Use of reasonable force","sortOrder":204},{"sectionNumber":"sec.143","sectionType":"section","heading":"Authority to use reasonable force","content":"### sec.143 Authority to use reasonable force\n\nA corrective services officer may use force, other than lethal force, that is reasonably necessary to—\ncompel compliance with an order given or applying to a prisoner; or\nA corrective services officer may use force that is reasonably necessary to compel a prisoner to submit to a search ordered by the chief executive under section 36 that applies to the prisoner.\nrestrain a prisoner who is attempting or preparing to commit an offence against an Act or a breach of discipline; or\nrestrain a prisoner who is committing an offence against an Act or a breach of discipline; or\ncompel any person who has been lawfully ordered to leave a corrective services facility, and who refuses to do so, to leave the facility; or\nrestrain a prisoner who is—\nattempting or preparing to self harm; or\nself harming.\nThe corrective services officer may use the force only if the officer—\nreasonably believes the act or omission permitting the use of force can not be stopped in another way; and\ngives a clear warning of the intention to use force if the act or omission does not stop; and\ngives sufficient time for the warning to be observed; and\nattempts to use the force in a way that is unlikely to cause death or grievous bodily harm.\nHowever, the corrective services officer need not comply with subsection (2) (b) or (c) if doing so would create a risk of injury to—\nthe officer; or\nsomeone other than the person who is committing the act or omission; or\na prisoner who is—\nattempting or preparing to self harm; or\nself harming.\nThe use of force may involve the use of only the following—\na gas gun;\na chemical agent;\nriot control equipment;\na restraining device;\na corrective services dog under the control of a corrective services officer.\ns 143 amd 2024 No. 25 s 3 sch 1\n(sec.143-ssec.1) A corrective services officer may use force, other than lethal force, that is reasonably necessary to— compel compliance with an order given or applying to a prisoner; or A corrective services officer may use force that is reasonably necessary to compel a prisoner to submit to a search ordered by the chief executive under section 36 that applies to the prisoner. restrain a prisoner who is attempting or preparing to commit an offence against an Act or a breach of discipline; or restrain a prisoner who is committing an offence against an Act or a breach of discipline; or compel any person who has been lawfully ordered to leave a corrective services facility, and who refuses to do so, to leave the facility; or restrain a prisoner who is— attempting or preparing to self harm; or self harming.\n(sec.143-ssec.2) The corrective services officer may use the force only if the officer— reasonably believes the act or omission permitting the use of force can not be stopped in another way; and gives a clear warning of the intention to use force if the act or omission does not stop; and gives sufficient time for the warning to be observed; and attempts to use the force in a way that is unlikely to cause death or grievous bodily harm.\n(sec.143-ssec.3) However, the corrective services officer need not comply with subsection (2) (b) or (c) if doing so would create a risk of injury to— the officer; or someone other than the person who is committing the act or omission; or a prisoner who is— attempting or preparing to self harm; or self harming.\n(sec.143-ssec.4) The use of force may involve the use of only the following— a gas gun; a chemical agent; riot control equipment; a restraining device; a corrective services dog under the control of a corrective services officer.\n- (a) compel compliance with an order given or applying to a prisoner; or Example— A corrective services officer may use force that is reasonably necessary to compel a prisoner to submit to a search ordered by the chief executive under section 36 that applies to the prisoner.\n- (b) restrain a prisoner who is attempting or preparing to commit an offence against an Act or a breach of discipline; or\n- (c) restrain a prisoner who is committing an offence against an Act or a breach of discipline; or\n- (d) compel any person who has been lawfully ordered to leave a corrective services facility, and who refuses to do so, to leave the facility; or\n- (e) restrain a prisoner who is— (i) attempting or preparing to self harm; or (ii) self harming.\n- (i) attempting or preparing to self harm; or\n- (ii) self harming.\n- (i) attempting or preparing to self harm; or\n- (ii) self harming.\n- (a) reasonably believes the act or omission permitting the use of force can not be stopped in another way; and\n- (b) gives a clear warning of the intention to use force if the act or omission does not stop; and\n- (c) gives sufficient time for the warning to be observed; and\n- (d) attempts to use the force in a way that is unlikely to cause death or grievous bodily harm.\n- (a) the officer; or\n- (b) someone other than the person who is committing the act or omission; or\n- (c) a prisoner who is— (i) attempting or preparing to self harm; or (ii) self harming.\n- (i) attempting or preparing to self harm; or\n- (ii) self harming.\n- (i) attempting or preparing to self harm; or\n- (ii) self harming.\n- (a) a gas gun;\n- (b) a chemical agent;\n- (c) riot control equipment;\n- (d) a restraining device;\n- (e) a corrective services dog under the control of a corrective services officer.","sortOrder":205},{"sectionNumber":"ch.3-pt.5-div.2","sectionType":"division","heading":"Use of lethal force","content":"## Use of lethal force","sortOrder":206},{"sectionNumber":"sec.144","sectionType":"section","heading":"Training for use of lethal force","content":"### sec.144 Training for use of lethal force\n\nThe chief executive must ensure that a corrective services officer authorised to use lethal force has been trained to use lethal force and other forms of force in a way that causes the least possible risk of injury to anyone other than the person against whom lethal force is directed.","sortOrder":207},{"sectionNumber":"sec.145","sectionType":"section","heading":"Issue, handling and storage of weapons","content":"### sec.145 Issue, handling and storage of weapons\n\nThe chief executive may authorise an appropriately trained corrective services officer to be issued with, carry, use and store weapons if it is reasonably necessary for the officer to carry, use and store the weapons to perform functions or exercise powers under this Act.\nThe authority may be issued subject to conditions.\n(sec.145-ssec.1) The chief executive may authorise an appropriately trained corrective services officer to be issued with, carry, use and store weapons if it is reasonably necessary for the officer to carry, use and store the weapons to perform functions or exercise powers under this Act.\n(sec.145-ssec.2) The authority may be issued subject to conditions.","sortOrder":208},{"sectionNumber":"sec.146","sectionType":"section","heading":"Use of lethal force","content":"### sec.146 Use of lethal force\n\nA corrective services officer may use the lethal force that is reasonably necessary—\nto stop a prisoner from escaping or attempting to escape from secure custody, if the officer reasonably believes the prisoner is likely to cause grievous bodily harm to, or the death of, someone other than the prisoner in the escape or attempted escape; or\nto stop a person from helping, or attempting to help, a prisoner to escape from secure custody, if the officer reasonably believes the person is likely to cause grievous bodily harm to, or the death of, someone other than the person or prisoner while helping or attempting to help the prisoner escape; or\nto stop a prisoner from assaulting or attempting to assault another person, if the officer reasonably believes the prisoner is likely to cause grievous bodily harm to, or the death of, the other person; or\nin an immediate response to a prisoner who has escaped from secure custody, if the officer reasonably believes the prisoner is likely to cause grievous bodily harm to, or the death of, someone other than the prisoner in the course of the immediate response.\nHowever, lethal force must not be used if there is a foreseeable risk that the use of lethal force will cause grievous bodily harm to, or the death of, someone other than the person against whom the lethal force may otherwise be directed.\nThe use of lethal force may involve, but is not limited to, the use of—\nweapons, including firearms; or\na corrective services dog under the control of a corrective services officer.\n(sec.146-ssec.1) A corrective services officer may use the lethal force that is reasonably necessary— to stop a prisoner from escaping or attempting to escape from secure custody, if the officer reasonably believes the prisoner is likely to cause grievous bodily harm to, or the death of, someone other than the prisoner in the escape or attempted escape; or to stop a person from helping, or attempting to help, a prisoner to escape from secure custody, if the officer reasonably believes the person is likely to cause grievous bodily harm to, or the death of, someone other than the person or prisoner while helping or attempting to help the prisoner escape; or to stop a prisoner from assaulting or attempting to assault another person, if the officer reasonably believes the prisoner is likely to cause grievous bodily harm to, or the death of, the other person; or in an immediate response to a prisoner who has escaped from secure custody, if the officer reasonably believes the prisoner is likely to cause grievous bodily harm to, or the death of, someone other than the prisoner in the course of the immediate response.\n(sec.146-ssec.2) However, lethal force must not be used if there is a foreseeable risk that the use of lethal force will cause grievous bodily harm to, or the death of, someone other than the person against whom the lethal force may otherwise be directed.\n(sec.146-ssec.3) The use of lethal force may involve, but is not limited to, the use of— weapons, including firearms; or a corrective services dog under the control of a corrective services officer.\n- (a) to stop a prisoner from escaping or attempting to escape from secure custody, if the officer reasonably believes the prisoner is likely to cause grievous bodily harm to, or the death of, someone other than the prisoner in the escape or attempted escape; or\n- (b) to stop a person from helping, or attempting to help, a prisoner to escape from secure custody, if the officer reasonably believes the person is likely to cause grievous bodily harm to, or the death of, someone other than the person or prisoner while helping or attempting to help the prisoner escape; or\n- (c) to stop a prisoner from assaulting or attempting to assault another person, if the officer reasonably believes the prisoner is likely to cause grievous bodily harm to, or the death of, the other person; or\n- (d) in an immediate response to a prisoner who has escaped from secure custody, if the officer reasonably believes the prisoner is likely to cause grievous bodily harm to, or the death of, someone other than the prisoner in the course of the immediate response.\n- (a) weapons, including firearms; or\n- (b) a corrective services dog under the control of a corrective services officer.","sortOrder":209},{"sectionNumber":"sec.147","sectionType":"section","heading":"Requirements for use of lethal force","content":"### sec.147 Requirements for use of lethal force\n\nA corrective services officer may use lethal force only if the officer—\nreasonably believes the act or omission permitting the use of lethal force can not be stopped in another way; and\ngives a clear warning of the intention to use lethal force if the act or omission does not stop; and\ngives sufficient time for the warning to be observed; and\nattempts to use the force in a way that causes the least injury to anyone.\nHowever, the corrective services officer need not comply with subsection (1) (b) , (c) or (d) if doing so would create a risk of injury to—\nthe officer; or\nsomeone other than the person against whom the lethal force is directed.\n(sec.147-ssec.1) A corrective services officer may use lethal force only if the officer— reasonably believes the act or omission permitting the use of lethal force can not be stopped in another way; and gives a clear warning of the intention to use lethal force if the act or omission does not stop; and gives sufficient time for the warning to be observed; and attempts to use the force in a way that causes the least injury to anyone.\n(sec.147-ssec.2) However, the corrective services officer need not comply with subsection (1) (b) , (c) or (d) if doing so would create a risk of injury to— the officer; or someone other than the person against whom the lethal force is directed.\n- (a) reasonably believes the act or omission permitting the use of lethal force can not be stopped in another way; and\n- (b) gives a clear warning of the intention to use lethal force if the act or omission does not stop; and\n- (c) gives sufficient time for the warning to be observed; and\n- (d) attempts to use the force in a way that causes the least injury to anyone.\n- (a) the officer; or\n- (b) someone other than the person against whom the lethal force is directed.","sortOrder":210},{"sectionNumber":"sec.148","sectionType":"section","heading":"Reporting use of lethal force","content":"### sec.148 Reporting use of lethal force\n\nThe chief executive must keep a record detailing any incident in which—\nlethal force is used; or\nanyone discharges a firearm, other than for training.\nThe chief executive must immediately advise the Minister of an incident mentioned in subsection (1) .\n(sec.148-ssec.1) The chief executive must keep a record detailing any incident in which— lethal force is used; or anyone discharges a firearm, other than for training.\n(sec.148-ssec.2) The chief executive must immediately advise the Minister of an incident mentioned in subsection (1) .\n- (a) lethal force is used; or\n- (b) anyone discharges a firearm, other than for training.","sortOrder":211},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Establishing corrective services facilities","content":"# Establishing corrective services facilities","sortOrder":212},{"sectionNumber":"sec.149","sectionType":"section","heading":"Prisons","content":"### sec.149 Prisons\n\nA regulation may—\ndeclare a place to be a prison; and\nassign a name to a prison.\nIn this section—\nplace includes premises and part of premises.\n(sec.149-ssec.1) A regulation may— declare a place to be a prison; and assign a name to a prison.\n(sec.149-ssec.2) In this section— place includes premises and part of premises.\n- (a) declare a place to be a prison; and\n- (b) assign a name to a prison.","sortOrder":213},{"sectionNumber":"sec.150","sectionType":"section","heading":"Prison amenities","content":"### sec.150 Prison amenities\n\nWhen establishing a new prison, the chief executive must ensure appropriate provision is made in the prison for each of the following—\na meeting place for Aboriginal and Torres Strait Islander prisoners that—\npromotes communication; and\nendorses the prisoners’ indigenous cultural heritage;\nfor a prison accommodating female prisoners—accommodation units that allow the prisoners to care for young children;\nareas suitable for children visiting their parents;\nfacilities for prisoners who are experiencing psychological crises;\nthe accommodation and access requirements of older prisoners and prisoners with disabilities;\nvideoconferencing technology—\nto help prisoners maintain relationships with family members who would otherwise be required to travel long distances to the prison; and\nfor the appearance of prisoners before courts, tribunals or the parole board.\ns 150 amd 2017 No. 15 s 24 sch 1\n- (a) a meeting place for Aboriginal and Torres Strait Islander prisoners that— (i) promotes communication; and (ii) endorses the prisoners’ indigenous cultural heritage;\n- (i) promotes communication; and\n- (ii) endorses the prisoners’ indigenous cultural heritage;\n- (b) for a prison accommodating female prisoners—accommodation units that allow the prisoners to care for young children;\n- (c) areas suitable for children visiting their parents;\n- (d) facilities for prisoners who are experiencing psychological crises;\n- (e) the accommodation and access requirements of older prisoners and prisoners with disabilities;\n- (f) videoconferencing technology— (i) to help prisoners maintain relationships with family members who would otherwise be required to travel long distances to the prison; and (ii) for the appearance of prisoners before courts, tribunals or the parole board.\n- (i) to help prisoners maintain relationships with family members who would otherwise be required to travel long distances to the prison; and\n- (ii) for the appearance of prisoners before courts, tribunals or the parole board.\n- (i) promotes communication; and\n- (ii) endorses the prisoners’ indigenous cultural heritage;\n- (i) to help prisoners maintain relationships with family members who would otherwise be required to travel long distances to the prison; and\n- (ii) for the appearance of prisoners before courts, tribunals or the parole board.","sortOrder":214},{"sectionNumber":"sec.151","sectionType":"section","heading":"Other corrective services facilities","content":"### sec.151 Other corrective services facilities\n\nThe Minister may, by gazette notice—\ndeclare a place to be—\na community corrections centre; or\na work camp; and\nassign a name to—\na community corrections centre; or\na work camp.\nIn this section—\nplace includes the following—\npremises;\npart of premises;\na vehicle.\n(sec.151-ssec.1) The Minister may, by gazette notice— declare a place to be— a community corrections centre; or a work camp; and assign a name to— a community corrections centre; or a work camp.\n(sec.151-ssec.2) In this section— place includes the following— premises; part of premises; a vehicle.\n- (a) declare a place to be— (i) a community corrections centre; or (ii) a work camp; and\n- (i) a community corrections centre; or\n- (ii) a work camp; and\n- (b) assign a name to— (i) a community corrections centre; or (ii) a work camp.\n- (i) a community corrections centre; or\n- (ii) a work camp.\n- (i) a community corrections centre; or\n- (ii) a work camp; and\n- (i) a community corrections centre; or\n- (ii) a work camp.\n- (a) premises;\n- (b) part of premises;\n- (c) a vehicle.","sortOrder":215},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Visiting corrective services facilities","content":"# Visiting corrective services facilities","sortOrder":216},{"sectionNumber":"ch.4-pt.2-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":217},{"sectionNumber":"sec.152","sectionType":"section","heading":"Warnings to visitors","content":"### sec.152 Warnings to visitors\n\nThe chief executive must ensure a sign is prominently displayed at the entrance to a secure facility warning visitors that lethal force may be used against a visitor if the visitor helps, or attempts to help, a prisoner to escape.\nThe chief executive may erect a sign at the entrance to each corrective services facility warning visitors—\nof the things that are prohibited things under this Act; and\nthe consequences for a visitor if the visitor brings, or attempts to bring, a prohibited thing into the facility.\n(sec.152-ssec.1) The chief executive must ensure a sign is prominently displayed at the entrance to a secure facility warning visitors that lethal force may be used against a visitor if the visitor helps, or attempts to help, a prisoner to escape.\n(sec.152-ssec.2) The chief executive may erect a sign at the entrance to each corrective services facility warning visitors— of the things that are prohibited things under this Act; and the consequences for a visitor if the visitor brings, or attempts to bring, a prohibited thing into the facility.\n- (a) of the things that are prohibited things under this Act; and\n- (b) the consequences for a visitor if the visitor brings, or attempts to bring, a prohibited thing into the facility.","sortOrder":218},{"sectionNumber":"sec.153","sectionType":"section","heading":"Prisoner’s entitlement to visits","content":"### sec.153 Prisoner’s entitlement to visits\n\nA prisoner is only entitled to receive a visit from—\na personal visitor once a week; and\na legal visitor.\nThe chief executive may allow the prisoner to receive extra visits, including, for example—\nfor a prisoner who was the primary care giver of a child—a visit from the child to maintain the relationship with the child; or\na visit from a relevant elder or respected person to ensure appropriate levels of cultural interaction and support.\nThe chief executive may allow a prisoner to visit another prisoner in another corrective services facility, subject to any conditions the chief executive reasonably considers appropriate.\nThe chief executive may allow more than 1 personal visitor to visit a prisoner at the same time, if it is within the operational limits of the corrective services facility.\n(sec.153-ssec.1) A prisoner is only entitled to receive a visit from— a personal visitor once a week; and a legal visitor.\n(sec.153-ssec.2) The chief executive may allow the prisoner to receive extra visits, including, for example— for a prisoner who was the primary care giver of a child—a visit from the child to maintain the relationship with the child; or a visit from a relevant elder or respected person to ensure appropriate levels of cultural interaction and support.\n(sec.153-ssec.3) The chief executive may allow a prisoner to visit another prisoner in another corrective services facility, subject to any conditions the chief executive reasonably considers appropriate.\n(sec.153-ssec.4) The chief executive may allow more than 1 personal visitor to visit a prisoner at the same time, if it is within the operational limits of the corrective services facility.\n- (a) a personal visitor once a week; and\n- (b) a legal visitor.\n- (a) for a prisoner who was the primary care giver of a child—a visit from the child to maintain the relationship with the child; or\n- (b) a visit from a relevant elder or respected person to ensure appropriate levels of cultural interaction and support.","sortOrder":219},{"sectionNumber":"sec.154","sectionType":"section","heading":"Contact during personal visit","content":"### sec.154 Contact during personal visit\n\nA personal visit must be a non-contact visit, unless the chief executive approves that the visit be a contact visit.\nIn deciding whether to give the approval, the chief executive must consider the following—\nthe requirements of any court order relating to the prisoner;\nwhether the prisoner has previously escaped or attempted to escape from custody;\nwhether the prisoner has previously given a positive test sample;\ninformation about the prisoner or visitor that indicates a risk to the security or good order of the corrective services facility.\nDuring a contact visit, a personal visitor must not—\nengage in sexual activity with a prisoner; or\nbehave in a disorderly, indecent, offensive, riotous or violent manner.\nIf a personal visitor fails to comply with subsection (3) , the personal visitor may be directed to leave the corrective services facility.\n(sec.154-ssec.1) A personal visit must be a non-contact visit, unless the chief executive approves that the visit be a contact visit.\n(sec.154-ssec.2) In deciding whether to give the approval, the chief executive must consider the following— the requirements of any court order relating to the prisoner; whether the prisoner has previously escaped or attempted to escape from custody; whether the prisoner has previously given a positive test sample; information about the prisoner or visitor that indicates a risk to the security or good order of the corrective services facility.\n(sec.154-ssec.3) During a contact visit, a personal visitor must not— engage in sexual activity with a prisoner; or behave in a disorderly, indecent, offensive, riotous or violent manner.\n(sec.154-ssec.4) If a personal visitor fails to comply with subsection (3) , the personal visitor may be directed to leave the corrective services facility.\n- (a) the requirements of any court order relating to the prisoner;\n- (b) whether the prisoner has previously escaped or attempted to escape from custody;\n- (c) whether the prisoner has previously given a positive test sample;\n- (d) information about the prisoner or visitor that indicates a risk to the security or good order of the corrective services facility.\n- (a) engage in sexual activity with a prisoner; or\n- (b) behave in a disorderly, indecent, offensive, riotous or violent manner.","sortOrder":220},{"sectionNumber":"ch.4-pt.2-div.2","sectionType":"division","heading":"Procedure for visits","content":"## Procedure for visits","sortOrder":221},{"sectionNumber":"sec.155","sectionType":"section","heading":"Access approval required for particular visitors","content":"### sec.155 Access approval required for particular visitors\n\nBefore visiting a corrective services facility for the first time, a visitor, other than a prescribed person, must apply for approval to access the facility ( access approval ).\nThe application must be made in the approved form to the chief executive.\nIn this section—\nprescribed person means—\nan accredited visitor; or\na casual site visitor as defined under section 165 ; or\nan emergency services officer; or\nan employee of the department in which the Child Protection Act 1999 is administered; or\nan officer or employee of a law enforcement agency; or\na staff member.\ns 155 amd 2009 No. 30 s 15\n(sec.155-ssec.1) Before visiting a corrective services facility for the first time, a visitor, other than a prescribed person, must apply for approval to access the facility ( access approval ).\n(sec.155-ssec.2) The application must be made in the approved form to the chief executive.\n(sec.155-ssec.3) In this section— prescribed person means— an accredited visitor; or a casual site visitor as defined under section 165 ; or an emergency services officer; or an employee of the department in which the Child Protection Act 1999 is administered; or an officer or employee of a law enforcement agency; or a staff member.\n- (a) an accredited visitor; or\n- (b) a casual site visitor as defined under section 165 ; or\n- (c) an emergency services officer; or\n- (d) an employee of the department in which the Child Protection Act 1999 is administered; or\n- (e) an officer or employee of a law enforcement agency; or\n- (f) a staff member.","sortOrder":222},{"sectionNumber":"sec.156","sectionType":"section","heading":"Deciding application for access approval","content":"### sec.156 Deciding application for access approval\n\nThe chief executive may grant an access approval if satisfied the visitor seeking the approval does not pose a risk to the security or good order of the corrective services facility.\nSee section 334 for provisions about obtaining a relevant person’s criminal history.\nIn deciding whether a visitor poses a risk to the security or good order of a corrective services facility, the chief executive must consider each of the following—\nwhether the visitor has, as an adult, been convicted of escaping, or attempting to escape, from lawful custody in Queensland or elsewhere;\nwhether the visitor has been convicted of helping, or attempting to help, a prisoner to escape from lawful custody in Queensland or elsewhere;\nwhether the visitor has been convicted of committing, or attempting to commit, an offence while visiting a prisoner in lawful custody in Queensland or elsewhere;\nwhether the visitor has been refused access to, or been suspended from entering, a corrective services facility.\nSubsection (2) does not apply to an Australian legal practitioner as defined under the Legal Profession Act 2007 , section 6 .\nSubsection (2) does not limit the matters the chief executive may consider in deciding whether a visitor poses a risk to the security or good order of a corrective services facility.\nThe chief executive may—\nimpose conditions on an access approval; and\nfor a legal visitor or religious visitor—grant the visitor an access approval for all corrective services facilities.\nIf the chief executive refuses to grant an access approval for a visitor, the chief executive may order that the visitor is also refused access to—\nanother corrective services facility in stated circumstances; or\nA person may be refused access to any corrective services facility in which a former accomplice of the person is being detained.\nall corrective services facilities.\nAlso, if the chief executive refuses to grant an access approval for a visitor, the chief executive may order that the visitor can not make a further application for an access approval until the end of a stated period, of not more than 1 year, after the refusal.\nIn deciding whether to make an order under subsection (7) , the chief executive must consider—\nthe effect of the proposed order on a child for whom approval has been given to accompany the visitor to visit the prisoner; and\nwhether the child may, unaccompanied by an adult, visit the prisoner.\nA visitor who is refused an access approval may, in writing, ask the chief executive to reconsider the decision.\nThe chief executive must reconsider the decision and may confirm, amend or cancel the decision.\nThe chief executive must advise the visitor of the reconsidered decision.\ns 156 amd 2009 No. 30 s 16\n(sec.156-ssec.1) The chief executive may grant an access approval if satisfied the visitor seeking the approval does not pose a risk to the security or good order of the corrective services facility. See section 334 for provisions about obtaining a relevant person’s criminal history.\n(sec.156-ssec.2) In deciding whether a visitor poses a risk to the security or good order of a corrective services facility, the chief executive must consider each of the following— whether the visitor has, as an adult, been convicted of escaping, or attempting to escape, from lawful custody in Queensland or elsewhere; whether the visitor has been convicted of helping, or attempting to help, a prisoner to escape from lawful custody in Queensland or elsewhere; whether the visitor has been convicted of committing, or attempting to commit, an offence while visiting a prisoner in lawful custody in Queensland or elsewhere; whether the visitor has been refused access to, or been suspended from entering, a corrective services facility.\n(sec.156-ssec.3) Subsection (2) does not apply to an Australian legal practitioner as defined under the Legal Profession Act 2007 , section 6 .\n(sec.156-ssec.4) Subsection (2) does not limit the matters the chief executive may consider in deciding whether a visitor poses a risk to the security or good order of a corrective services facility.\n(sec.156-ssec.5) The chief executive may— impose conditions on an access approval; and for a legal visitor or religious visitor—grant the visitor an access approval for all corrective services facilities.\n(sec.156-ssec.6) If the chief executive refuses to grant an access approval for a visitor, the chief executive may order that the visitor is also refused access to— another corrective services facility in stated circumstances; or A person may be refused access to any corrective services facility in which a former accomplice of the person is being detained. all corrective services facilities.\n(sec.156-ssec.7) Also, if the chief executive refuses to grant an access approval for a visitor, the chief executive may order that the visitor can not make a further application for an access approval until the end of a stated period, of not more than 1 year, after the refusal.\n(sec.156-ssec.8) In deciding whether to make an order under subsection (7) , the chief executive must consider— the effect of the proposed order on a child for whom approval has been given to accompany the visitor to visit the prisoner; and whether the child may, unaccompanied by an adult, visit the prisoner.\n(sec.156-ssec.9) A visitor who is refused an access approval may, in writing, ask the chief executive to reconsider the decision.\n(sec.156-ssec.10) The chief executive must reconsider the decision and may confirm, amend or cancel the decision.\n(sec.156-ssec.11) The chief executive must advise the visitor of the reconsidered decision.\n- (a) whether the visitor has, as an adult, been convicted of escaping, or attempting to escape, from lawful custody in Queensland or elsewhere;\n- (b) whether the visitor has been convicted of helping, or attempting to help, a prisoner to escape from lawful custody in Queensland or elsewhere;\n- (c) whether the visitor has been convicted of committing, or attempting to commit, an offence while visiting a prisoner in lawful custody in Queensland or elsewhere;\n- (d) whether the visitor has been refused access to, or been suspended from entering, a corrective services facility.\n- (a) impose conditions on an access approval; and\n- (b) for a legal visitor or religious visitor—grant the visitor an access approval for all corrective services facilities.\n- (a) another corrective services facility in stated circumstances; or Example— A person may be refused access to any corrective services facility in which a former accomplice of the person is being detained.\n- (b) all corrective services facilities.\n- (a) the effect of the proposed order on a child for whom approval has been given to accompany the visitor to visit the prisoner; and\n- (b) whether the child may, unaccompanied by an adult, visit the prisoner.","sortOrder":223},{"sectionNumber":"sec.156A","sectionType":"section","heading":"Interim access approval for personal visitor","content":"### sec.156A Interim access approval for personal visitor\n\nThis section applies if—\na personal visitor of a prisoner applies for an access approval for a corrective services facility under section 155 ; and\nthe chief executive has not decided the application under section 156 .\nThe chief executive may grant the personal visitor approval to access the corrective services facility on an interim basis ( interim access approval ) until the chief executive has decided the application under section 156 , if the chief executive is satisfied it is appropriate in the circumstances.\nA personal visit under the interim access approval must be a non-contact visit, unless it is impracticable having regard to the facilities at the corrective services facility.\nThe chief executive may impose conditions on the interim access approval.\nThe interim access approval has effect until the chief executive decides the application under section 156 .\nWhile the interim access approval has effect, it is taken to be an access approval.\ns 156A ins 2009 No. 30 s 17\n(sec.156A-ssec.1) This section applies if— a personal visitor of a prisoner applies for an access approval for a corrective services facility under section 155 ; and the chief executive has not decided the application under section 156 .\n(sec.156A-ssec.2) The chief executive may grant the personal visitor approval to access the corrective services facility on an interim basis ( interim access approval ) until the chief executive has decided the application under section 156 , if the chief executive is satisfied it is appropriate in the circumstances.\n(sec.156A-ssec.3) A personal visit under the interim access approval must be a non-contact visit, unless it is impracticable having regard to the facilities at the corrective services facility.\n(sec.156A-ssec.4) The chief executive may impose conditions on the interim access approval.\n(sec.156A-ssec.5) The interim access approval has effect until the chief executive decides the application under section 156 .\n(sec.156A-ssec.6) While the interim access approval has effect, it is taken to be an access approval.\n- (a) a personal visitor of a prisoner applies for an access approval for a corrective services facility under section 155 ; and\n- (b) the chief executive has not decided the application under section 156 .","sortOrder":224},{"sectionNumber":"sec.156B","sectionType":"section","heading":"Urgent access approval for commercial visitor","content":"### sec.156B Urgent access approval for commercial visitor\n\nThis section applies if—\nwork by a tradesperson or technician (a relevant commercial visitor ) is required to be carried out urgently at a corrective services facility; and\na relevant commercial visitor who has been granted an access approval for the corrective services facility is not available to carry out the work; and\na relevant commercial visitor applies for an access approval for the corrective services facility under section 155 for the purpose of carrying out the work.\nIf the chief executive is satisfied the relevant commercial visitor mentioned in subsection (1) (c) does not pose an immediate risk to the security or good order of the corrective services facility, the chief executive may grant the relevant commercial visitor approval to access the facility for carrying out the work ( urgent access approval ).\nIn deciding whether the relevant commercial visitor poses an immediate risk to the security or good order of the corrective services facility, the chief executive need not consider the matters mentioned in section 156 (2) .\nThe chief executive may impose conditions on the urgent access approval.\nThe urgent access approval has effect for only a single visit to the corrective services facility.\nWhile the urgent access approval has effect, it is taken to be an access approval.\ns 156B ins 2009 No. 30 s 17\n(sec.156B-ssec.1) This section applies if— work by a tradesperson or technician (a relevant commercial visitor ) is required to be carried out urgently at a corrective services facility; and a relevant commercial visitor who has been granted an access approval for the corrective services facility is not available to carry out the work; and a relevant commercial visitor applies for an access approval for the corrective services facility under section 155 for the purpose of carrying out the work.\n(sec.156B-ssec.2) If the chief executive is satisfied the relevant commercial visitor mentioned in subsection (1) (c) does not pose an immediate risk to the security or good order of the corrective services facility, the chief executive may grant the relevant commercial visitor approval to access the facility for carrying out the work ( urgent access approval ).\n(sec.156B-ssec.3) In deciding whether the relevant commercial visitor poses an immediate risk to the security or good order of the corrective services facility, the chief executive need not consider the matters mentioned in section 156 (2) .\n(sec.156B-ssec.4) The chief executive may impose conditions on the urgent access approval.\n(sec.156B-ssec.5) The urgent access approval has effect for only a single visit to the corrective services facility.\n(sec.156B-ssec.6) While the urgent access approval has effect, it is taken to be an access approval.\n- (a) work by a tradesperson or technician (a relevant commercial visitor ) is required to be carried out urgently at a corrective services facility; and\n- (b) a relevant commercial visitor who has been granted an access approval for the corrective services facility is not available to carry out the work; and\n- (c) a relevant commercial visitor applies for an access approval for the corrective services facility under section 155 for the purpose of carrying out the work.","sortOrder":225},{"sectionNumber":"sec.157","sectionType":"section","heading":"Suspending access approval","content":"### sec.157 Suspending access approval\n\nThe chief executive may suspend a visitor’s access approval for a corrective services facility if the visitor—\nfails to comply with a lawful and reasonable direction of the chief executive or a corrective services officer; or\nfails to comply with a condition of the approval; or\nis charged with an offence; or\nengages in threatening behaviour towards a prisoner or another visitor at the facility.\nAlso, the chief executive may suspend a visitor’s access approval for a corrective services facility if the chief executive reasonably believes the suspension is necessary to preserve the security or good order of the corrective services facility.\nThe suspension may be—\nif paragraph (b) does not apply—for a period of up to 1 year; or\nif the visitor is charged with an offence allegedly committed in a corrective services facility—until the end of the proceedings for the offence.\nIn deciding whether to suspend the access approval, the chief executive must consider—\nthe effect of the proposed suspension on a child for whom approval has been given to accompany the visitor to visit the prisoner; and\nwhether the child may, unaccompanied by an adult, visit the prisoner.\nIf the chief executive suspends the access approval for 1 year under subsection (2) (a) , the chief executive must ensure a written record is made stating the reasons for the decision.\nIf the chief executive suspends the access approval, the chief executive may order that, during the suspension period, the visitor is refused access to—\nanother corrective services facility in stated circumstances; or\nBecause of disorderly behaviour, the wife of a prisoner is suspended from visiting the corrective services facility where her husband is, and any corrective services facility to which he is transferred, during the period of the suspension.\nall corrective services facilities.\nIf the chief executive suspends the access approval, the visitor may, in writing, ask the chief executive to reconsider the decision.\nThe chief executive must reconsider the decision and may confirm, amend or cancel the decision.\nThe chief executive must advise the visitor of the reconsidered decision.\ns 157 amd 2009 No. 30 s 18\n(sec.157-ssec.1) The chief executive may suspend a visitor’s access approval for a corrective services facility if the visitor— fails to comply with a lawful and reasonable direction of the chief executive or a corrective services officer; or fails to comply with a condition of the approval; or is charged with an offence; or engages in threatening behaviour towards a prisoner or another visitor at the facility.\n(sec.157-ssec.1A) Also, the chief executive may suspend a visitor’s access approval for a corrective services facility if the chief executive reasonably believes the suspension is necessary to preserve the security or good order of the corrective services facility.\n(sec.157-ssec.2) The suspension may be— if paragraph (b) does not apply—for a period of up to 1 year; or if the visitor is charged with an offence allegedly committed in a corrective services facility—until the end of the proceedings for the offence.\n(sec.157-ssec.3) In deciding whether to suspend the access approval, the chief executive must consider— the effect of the proposed suspension on a child for whom approval has been given to accompany the visitor to visit the prisoner; and whether the child may, unaccompanied by an adult, visit the prisoner.\n(sec.157-ssec.4) If the chief executive suspends the access approval for 1 year under subsection (2) (a) , the chief executive must ensure a written record is made stating the reasons for the decision.\n(sec.157-ssec.5) If the chief executive suspends the access approval, the chief executive may order that, during the suspension period, the visitor is refused access to— another corrective services facility in stated circumstances; or Because of disorderly behaviour, the wife of a prisoner is suspended from visiting the corrective services facility where her husband is, and any corrective services facility to which he is transferred, during the period of the suspension. all corrective services facilities.\n(sec.157-ssec.6) If the chief executive suspends the access approval, the visitor may, in writing, ask the chief executive to reconsider the decision.\n(sec.157-ssec.7) The chief executive must reconsider the decision and may confirm, amend or cancel the decision.\n(sec.157-ssec.8) The chief executive must advise the visitor of the reconsidered decision.\n- (a) fails to comply with a lawful and reasonable direction of the chief executive or a corrective services officer; or\n- (b) fails to comply with a condition of the approval; or\n- (c) is charged with an offence; or\n- (d) engages in threatening behaviour towards a prisoner or another visitor at the facility.\n- (a) if paragraph (b) does not apply—for a period of up to 1 year; or\n- (b) if the visitor is charged with an offence allegedly committed in a corrective services facility—until the end of the proceedings for the offence.\n- (a) the effect of the proposed suspension on a child for whom approval has been given to accompany the visitor to visit the prisoner; and\n- (b) whether the child may, unaccompanied by an adult, visit the prisoner.\n- (a) another corrective services facility in stated circumstances; or Example— Because of disorderly behaviour, the wife of a prisoner is suspended from visiting the corrective services facility where her husband is, and any corrective services facility to which he is transferred, during the period of the suspension.\n- (b) all corrective services facilities.","sortOrder":226},{"sectionNumber":"sec.157A","sectionType":"section","heading":"Amending or revoking access approval","content":"### sec.157A Amending or revoking access approval\n\nThe chief executive may amend or revoke a visitor’s access approval for a corrective services facility if the chief executive is satisfied that, because of a change in the visitor’s circumstances, the visitor poses a risk to the security or good order of the corrective services facility.\nIn deciding whether to amend or revoke the access approval, the chief executive must consider—\nthe effect of the proposed amendment or revocation on a child for whom approval has been given to accompany the visitor to visit the prisoner; and\nwhether the child may, unaccompanied by an adult, visit the prisoner.\nIf the chief executive revokes the access approval, the chief executive must ensure a written record is made stating the reasons for the decision.\nIf the chief executive amends or revokes the access approval, the visitor may, in writing, ask the chief executive to reconsider the decision.\nThe chief executive must reconsider the decision and may confirm or cancel the decision.\nThe chief executive must advise the visitor of the reconsidered decision.\nIn this section—\namend , a visitor’s access approval, means amend a condition of the access approval or impose a condition on it.\ns 157A ins 2009 No. 30 s 19\n(sec.157A-ssec.1) The chief executive may amend or revoke a visitor’s access approval for a corrective services facility if the chief executive is satisfied that, because of a change in the visitor’s circumstances, the visitor poses a risk to the security or good order of the corrective services facility.\n(sec.157A-ssec.2) In deciding whether to amend or revoke the access approval, the chief executive must consider— the effect of the proposed amendment or revocation on a child for whom approval has been given to accompany the visitor to visit the prisoner; and whether the child may, unaccompanied by an adult, visit the prisoner.\n(sec.157A-ssec.3) If the chief executive revokes the access approval, the chief executive must ensure a written record is made stating the reasons for the decision.\n(sec.157A-ssec.4) If the chief executive amends or revokes the access approval, the visitor may, in writing, ask the chief executive to reconsider the decision.\n(sec.157A-ssec.5) The chief executive must reconsider the decision and may confirm or cancel the decision.\n(sec.157A-ssec.6) The chief executive must advise the visitor of the reconsidered decision.\n(sec.157A-ssec.7) In this section— amend , a visitor’s access approval, means amend a condition of the access approval or impose a condition on it.\n- (a) the effect of the proposed amendment or revocation on a child for whom approval has been given to accompany the visitor to visit the prisoner; and\n- (b) whether the child may, unaccompanied by an adult, visit the prisoner.","sortOrder":227},{"sectionNumber":"sec.158","sectionType":"section","heading":"Monitoring personal visit","content":"### sec.158 Monitoring personal visit\n\nThe chief executive may—\nmake and keep an audiovisual or visual recording of a personal visit; and\nmonitor a personal visit.\n- (a) make and keep an audiovisual or visual recording of a personal visit; and\n- (b) monitor a personal visit.","sortOrder":228},{"sectionNumber":"sec.159","sectionType":"section","heading":"Search of visitor","content":"### sec.159 Search of visitor\n\nThe chief executive may require an accredited visitor to submit to a scanning search or an imaging search before entering a corrective services facility.\nThe chief executive may require any other visitor to submit to a general search, scanning search or an imaging search before entering a corrective services facility.\nIf a visitor mentioned in subsection (2) does not submit to a search mentioned in that subsection when required to do so, the chief executive may revoke—\nfor a personal visitor—\nthe visitor’s access approval; or\nthe visitor’s approval for the visit to be a contact visit; or\nfor another visitor—the visitor’s access approval.\nIn this section—\nvisitor does not include a staff member.\nSee section 173 for searching a staff member.\ns 159 amd 2023 No. 14 s 16\n(sec.159-ssec.1) The chief executive may require an accredited visitor to submit to a scanning search or an imaging search before entering a corrective services facility.\n(sec.159-ssec.2) The chief executive may require any other visitor to submit to a general search, scanning search or an imaging search before entering a corrective services facility.\n(sec.159-ssec.3) If a visitor mentioned in subsection (2) does not submit to a search mentioned in that subsection when required to do so, the chief executive may revoke— for a personal visitor— the visitor’s access approval; or the visitor’s approval for the visit to be a contact visit; or for another visitor—the visitor’s access approval.\n(sec.159-ssec.4) In this section— visitor does not include a staff member. See section 173 for searching a staff member.\n- (a) for a personal visitor— (i) the visitor’s access approval; or (ii) the visitor’s approval for the visit to be a contact visit; or\n- (i) the visitor’s access approval; or\n- (ii) the visitor’s approval for the visit to be a contact visit; or\n- (b) for another visitor—the visitor’s access approval.\n- (i) the visitor’s access approval; or\n- (ii) the visitor’s approval for the visit to be a contact visit; or","sortOrder":229},{"sectionNumber":"sec.160","sectionType":"section","heading":"Identification of visitor","content":"### sec.160 Identification of visitor\n\nThe chief executive must require each visitor to a corrective services facility to prove the visitor’s identity in the way prescribed under a regulation when entering the corrective services facility.\nWithout limiting subsection (1) , if the visitor is an adult and the corrective services facility has a biometric identification system installed, the visitor must submit to the biometric identification system procedures for the facility.\nThe visitor must display the visitor’s pass given to the visitor while in the corrective services facility.\nThe visitor must sign the visitors book, unless the visitor is a staff member who works at the corrective services facility.\nIf the visitor is a child, it is sufficient for subsection (4) if an adult accompanying the child signs the visitors book for the child.\ns 160 amd 2009 No. 30 s 20 ; 2016 No. 42 s 10\n(sec.160-ssec.1) The chief executive must require each visitor to a corrective services facility to prove the visitor’s identity in the way prescribed under a regulation when entering the corrective services facility.\n(sec.160-ssec.2) Without limiting subsection (1) , if the visitor is an adult and the corrective services facility has a biometric identification system installed, the visitor must submit to the biometric identification system procedures for the facility.\n(sec.160-ssec.3) The visitor must display the visitor’s pass given to the visitor while in the corrective services facility.\n(sec.160-ssec.4) The visitor must sign the visitors book, unless the visitor is a staff member who works at the corrective services facility.\n(sec.160-ssec.5) If the visitor is a child, it is sufficient for subsection (4) if an adult accompanying the child signs the visitors book for the child.","sortOrder":230},{"sectionNumber":"sec.161","sectionType":"section","heading":"Visitor may be directed to leave corrective services facility","content":"### sec.161 Visitor may be directed to leave corrective services facility\n\nThis section applies if a visitor fails to comply with—\na requirement given under section 159 (1) or (2) or 160 (1) ; or\nsection 160 (2) , (3) or (4) , or 163(2).\nThe visitor may be directed to leave the corrective services facility.\nIf the visitor fails to leave the corrective services facility, a corrective services officer may, using reasonably necessary force, remove the visitor from the facility.\nSubsection (3) applies whether or not the visitor is charged with an offence against section 163 (2) .\ns 161 amd 2009 No. 30 s 21\n(sec.161-ssec.1) This section applies if a visitor fails to comply with— a requirement given under section 159 (1) or (2) or 160 (1) ; or section 160 (2) , (3) or (4) , or 163(2).\n(sec.161-ssec.2) The visitor may be directed to leave the corrective services facility.\n(sec.161-ssec.3) If the visitor fails to leave the corrective services facility, a corrective services officer may, using reasonably necessary force, remove the visitor from the facility.\n(sec.161-ssec.4) Subsection (3) applies whether or not the visitor is charged with an offence against section 163 (2) .\n- (a) a requirement given under section 159 (1) or (2) or 160 (1) ; or\n- (b) section 160 (2) , (3) or (4) , or 163(2).","sortOrder":231},{"sectionNumber":"sec.162","sectionType":"section","heading":"Proof of identity","content":"### sec.162 Proof of identity\n\nThe chief executive may keep a visitor’s biometric information given to a corrective services facility as proof of the visitor’s identity, and any data about the visitor’s biometric information stored in a biometric identification system.\nThe chief executive must destroy the visitor’s biometric information, and any data about the biometric information stored in a biometric identification system, if the chief executive is satisfied it is no longer required.\ns 162 amd 2009 No. 30 s 22 ; 2016 No. 42 s 11\n(sec.162-ssec.1) The chief executive may keep a visitor’s biometric information given to a corrective services facility as proof of the visitor’s identity, and any data about the visitor’s biometric information stored in a biometric identification system.\n(sec.162-ssec.2) The chief executive must destroy the visitor’s biometric information, and any data about the biometric information stored in a biometric identification system, if the chief executive is satisfied it is no longer required.","sortOrder":232},{"sectionNumber":"sec.163","sectionType":"section","heading":"Direction to visitor","content":"### sec.163 Direction to visitor\n\nA corrective services officer may give a visitor a direction the officer reasonably considers necessary for the security or good order of the corrective services facility or a person’s safety.\nThe visitor must comply with the direction, unless the visitor has a reasonable excuse.\nMaximum penalty for subsection (2) —40 penalty units.\n(sec.163-ssec.1) A corrective services officer may give a visitor a direction the officer reasonably considers necessary for the security or good order of the corrective services facility or a person’s safety.\n(sec.163-ssec.2) The visitor must comply with the direction, unless the visitor has a reasonable excuse. Maximum penalty for subsection (2) —40 penalty units.","sortOrder":233},{"sectionNumber":"ch.4-pt.2-div.3","sectionType":"division","heading":"Further provisions about particular visitors","content":"## Further provisions about particular visitors","sortOrder":234},{"sectionNumber":"sec.164","sectionType":"section","heading":"Accredited or government visitor","content":"### sec.164 Accredited or government visitor\n\nAn accredited visitor or government visitor may visit a prisoner, or access any part of a corrective services facility, for performing the functions or exercising the powers of the visitor’s office or position.\nIn this section—\ngovernment visitor means a person, other than a staff member, who is an employee of a department.\n(sec.164-ssec.1) An accredited visitor or government visitor may visit a prisoner, or access any part of a corrective services facility, for performing the functions or exercising the powers of the visitor’s office or position.\n(sec.164-ssec.2) In this section— government visitor means a person, other than a staff member, who is an employee of a department.","sortOrder":235},{"sectionNumber":"sec.165","sectionType":"section","heading":"Casual site visitor","content":"### sec.165 Casual site visitor\n\nA casual site visitor may only access the following external areas of a corrective services facility—\nvisitors’ carparks;\nroadways;\nwaiting areas.\nIn this section—\ncasual site visitor includes the following—\na bus or taxi driver;\na person transporting a visitor or staff member to or from a corrective services facility;\na person collecting a discharged or released prisoner, or a prisoner’s property, from a corrective services facility.\n(sec.165-ssec.1) A casual site visitor may only access the following external areas of a corrective services facility— visitors’ carparks; roadways; waiting areas.\n(sec.165-ssec.2) In this section— casual site visitor includes the following— a bus or taxi driver; a person transporting a visitor or staff member to or from a corrective services facility; a person collecting a discharged or released prisoner, or a prisoner’s property, from a corrective services facility.\n- (a) visitors’ carparks;\n- (b) roadways;\n- (c) waiting areas.\n- (a) a bus or taxi driver;\n- (b) a person transporting a visitor or staff member to or from a corrective services facility;\n- (c) a person collecting a discharged or released prisoner, or a prisoner’s property, from a corrective services facility.","sortOrder":236},{"sectionNumber":"sec.166","sectionType":"section","heading":"Children","content":"### sec.166 Children\n\nA child, whether accompanied or unaccompanied by an adult, may visit a prisoner if the chief executive considers it is in the child’s best interests, even if the child was the complainant in the offence leading to the prisoner’s imprisonment.\nThe child need not be related to the prisoner but must be a personal visitor of the prisoner.\nIn deciding whether it is in the best interests of a child in care to visit a prisoner, the chief executive must consult with the child protection chief executive.\n(sec.166-ssec.1) A child, whether accompanied or unaccompanied by an adult, may visit a prisoner if the chief executive considers it is in the child’s best interests, even if the child was the complainant in the offence leading to the prisoner’s imprisonment.\n(sec.166-ssec.2) The child need not be related to the prisoner but must be a personal visitor of the prisoner.\n(sec.166-ssec.3) In deciding whether it is in the best interests of a child in care to visit a prisoner, the chief executive must consult with the child protection chief executive.","sortOrder":237},{"sectionNumber":"sec.167","sectionType":"section","heading":"Law enforcement visitor","content":"### sec.167 Law enforcement visitor\n\nThis section applies if an employee or officer of a law enforcement agency (the law enforcement visitor ) wants to visit a prisoner.\nThe prisoner may—\nrefuse to see the law enforcement visitor; or\nagree to see the law enforcement visitor, but refuse to answer any of the law enforcement visitor’s questions.\nThe law enforcement visitor must be allowed to interview the prisoner out of the hearing, but not out of the sight, of a corrective services officer.\n(sec.167-ssec.1) This section applies if an employee or officer of a law enforcement agency (the law enforcement visitor ) wants to visit a prisoner.\n(sec.167-ssec.2) The prisoner may— refuse to see the law enforcement visitor; or agree to see the law enforcement visitor, but refuse to answer any of the law enforcement visitor’s questions.\n(sec.167-ssec.3) The law enforcement visitor must be allowed to interview the prisoner out of the hearing, but not out of the sight, of a corrective services officer.\n- (a) refuse to see the law enforcement visitor; or\n- (b) agree to see the law enforcement visitor, but refuse to answer any of the law enforcement visitor’s questions.","sortOrder":238},{"sectionNumber":"sec.168","sectionType":"section","heading":"Personal visitor","content":"### sec.168 Personal visitor\n\nA personal visitor must arrange the time and length of the visit with the chief executive.","sortOrder":239},{"sectionNumber":"sec.169","sectionType":"section","heading":"Professional visitor","content":"### sec.169 Professional visitor\n\nA professional visitor may only—\nvisit the prisoner the subject of the professional visitor’s access approval; or\naccess the part of the corrective services facility allowed under the professional visitor’s access approval.\nThe visit or access must be carried out during the time approved by the chief executive.\nA prisoner’s legal visitor must be allowed to interview the prisoner out of the hearing, but not out of the sight, of a corrective services officer.\nIn this section—\nprofessional visitor means a person who provides a professional service to a prisoner.\na legal visitor\na health practitioner\na teacher or tutor\na program facilitator\na religious visitor\ns 169 amd 2023 No. 14 s 17\n(sec.169-ssec.1) A professional visitor may only— visit the prisoner the subject of the professional visitor’s access approval; or access the part of the corrective services facility allowed under the professional visitor’s access approval.\n(sec.169-ssec.2) The visit or access must be carried out during the time approved by the chief executive.\n(sec.169-ssec.3) A prisoner’s legal visitor must be allowed to interview the prisoner out of the hearing, but not out of the sight, of a corrective services officer.\n(sec.169-ssec.4) In this section— professional visitor means a person who provides a professional service to a prisoner. a legal visitor a health practitioner a teacher or tutor a program facilitator a religious visitor\n- (a) visit the prisoner the subject of the professional visitor’s access approval; or\n- (b) access the part of the corrective services facility allowed under the professional visitor’s access approval.\n- • a legal visitor\n- • a health practitioner\n- • a teacher or tutor\n- • a program facilitator\n- • a religious visitor","sortOrder":240},{"sectionNumber":"sec.170","sectionType":"section","heading":"Commercial visitor","content":"### sec.170 Commercial visitor\n\nA commercial visitor to a corrective services facility may only access the part of the facility allowed under the commercial visitor’s access approval.\nThe access must be carried out on the day and during the time approved by the chief executive.\nIn this section—\ncommercial visitor means a person who visits a corrective services facility for the purpose of engaging in trade or commerce.\na sales representative\na tradesperson\n(sec.170-ssec.1) A commercial visitor to a corrective services facility may only access the part of the facility allowed under the commercial visitor’s access approval.\n(sec.170-ssec.2) The access must be carried out on the day and during the time approved by the chief executive.\n(sec.170-ssec.3) In this section— commercial visitor means a person who visits a corrective services facility for the purpose of engaging in trade or commerce. a sales representative a tradesperson\n- • a sales representative\n- • a tradesperson","sortOrder":241},{"sectionNumber":"sec.171","sectionType":"section","heading":"Other visitors","content":"### sec.171 Other visitors\n\nA visitor to a corrective services facility who is not mentioned in sections 164 to 170 may only—\nvisit the prisoner the subject of the visitor’s access approval; or\naccess the part of the facility allowed under the visitor’s access approval.\na volunteer\na research student\na representative of a corrective services agency of another jurisdiction\nThe visit or access must be carried out on the day and during the time approved by the chief executive.\n(sec.171-ssec.1) A visitor to a corrective services facility who is not mentioned in sections 164 to 170 may only— visit the prisoner the subject of the visitor’s access approval; or access the part of the facility allowed under the visitor’s access approval. a volunteer a research student a representative of a corrective services agency of another jurisdiction\n(sec.171-ssec.2) The visit or access must be carried out on the day and during the time approved by the chief executive.\n- (a) visit the prisoner the subject of the visitor’s access approval; or\n- (b) access the part of the facility allowed under the visitor’s access approval.\n- • a volunteer\n- • a research student\n- • a representative of a corrective services agency of another jurisdiction","sortOrder":242},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Staff members","content":"# Staff members","sortOrder":243},{"sectionNumber":"sec.172","sectionType":"section","heading":"Staff member interacting with prisoner, etc.","content":"### sec.172 Staff member interacting with prisoner, etc.\n\nA staff member at a corrective services facility may, to the extent necessary for carrying out the staff member’s duties—\ninteract with any prisoner at the facility; and\naccess any part of the facility.\n- (a) interact with any prisoner at the facility; and\n- (b) access any part of the facility.","sortOrder":244},{"sectionNumber":"sec.173","sectionType":"section","heading":"Search of staff member","content":"### sec.173 Search of staff member\n\nThe chief executive may require a staff member at a corrective services facility to submit to a general search, scanning search or an imaging search—\nat any time the staff member is at the facility; or\nbefore entering the facility.\nIf the staff member does not submit to a search mentioned in subsection (1) when required to do so, the chief executive may direct the person to leave the corrective services facility.\ns 173 amd 2020 No. 23 s 20 ; 2023 No. 14 s 18\n(sec.173-ssec.1) The chief executive may require a staff member at a corrective services facility to submit to a general search, scanning search or an imaging search— at any time the staff member is at the facility; or before entering the facility.\n(sec.173-ssec.2) If the staff member does not submit to a search mentioned in subsection (1) when required to do so, the chief executive may direct the person to leave the corrective services facility.\n- (a) at any time the staff member is at the facility; or\n- (b) before entering the facility.","sortOrder":245},{"sectionNumber":"ch.4-pt.3A","sectionType":"part","heading":"Electronic surveillance","content":"# Electronic surveillance","sortOrder":246},{"sectionNumber":"sec.173A","sectionType":"section","heading":"Electronic surveillance of corrective services facilities","content":"### sec.173A Electronic surveillance of corrective services facilities\n\nThe chief executive may authorise the use of a prescribed surveillance device at a corrective services facility to monitor and record activity in and around the facility only if satisfied the use is likely to enhance—\nthe safety of prisoners, corrective services officers, visitors to the facility and the community; or\nthe maintenance of security and good order at the facility; or\nthe prevention of intimidation, corruption and the commission of other offences at the facility; or\nthe detection of prohibited things entering, at or leaving the facility.\nIn authorising the use of a prescribed surveillance device at a corrective services facility, the chief executive must have regard to the privacy of prisoners, corrective services officers and visitors to the facility.\nAn authorisation under subsection (1) —\nmust include requirements about the use, storage and destruction of recordings made by a prescribed surveillance device; and\nmust not authorise the covert use of a prescribed surveillance device; and\nmust not authorise the recording or monitoring of a prisoner communication that cannot be lawfully recorded or monitored under chapter 2 , part 2 , division 4 , subdivision 3 .\nFor subsection (3) (b) , a prescribed surveillance device is covertly used if use of the device is not openly acknowledged.\nTo remove any doubt, it is declared that—\nthis section does not limit the monitoring or use of a surveillance device at a corrective services facility, including the covert use of a surveillance device, authorised under another provision of this Act or another Act; and\nthe use of a surveillance device under a surveillance device warrant under the Police Powers and Responsibilities Act 2000 , chapter 13\na person authorised by the chief executive under this section to use a prescribed surveillance device is using the device under this Act.\nIn this section—\nprescribed surveillance device means a surveillance device prescribed by regulation for this definition.\nprisoner communication see section 52 (6) .\nsurveillance device means a device capable of transmitting or recording sound, images or changes in an environment.\na fixed or portable video camera, a camera drone, an intercom, a motion detector, a non-contact thermometer\ns 173A ins 2023 No. 14 s 19\namd 2024 No. 25 s 42\n(sec.173A-ssec.1) The chief executive may authorise the use of a prescribed surveillance device at a corrective services facility to monitor and record activity in and around the facility only if satisfied the use is likely to enhance— the safety of prisoners, corrective services officers, visitors to the facility and the community; or the maintenance of security and good order at the facility; or the prevention of intimidation, corruption and the commission of other offences at the facility; or the detection of prohibited things entering, at or leaving the facility.\n(sec.173A-ssec.2) In authorising the use of a prescribed surveillance device at a corrective services facility, the chief executive must have regard to the privacy of prisoners, corrective services officers and visitors to the facility.\n(sec.173A-ssec.3) An authorisation under subsection (1) — must include requirements about the use, storage and destruction of recordings made by a prescribed surveillance device; and must not authorise the covert use of a prescribed surveillance device; and must not authorise the recording or monitoring of a prisoner communication that cannot be lawfully recorded or monitored under chapter 2 , part 2 , division 4 , subdivision 3 .\n(sec.173A-ssec.4) For subsection (3) (b) , a prescribed surveillance device is covertly used if use of the device is not openly acknowledged.\n(sec.173A-ssec.5) To remove any doubt, it is declared that— this section does not limit the monitoring or use of a surveillance device at a corrective services facility, including the covert use of a surveillance device, authorised under another provision of this Act or another Act; and the use of a surveillance device under a surveillance device warrant under the Police Powers and Responsibilities Act 2000 , chapter 13 a person authorised by the chief executive under this section to use a prescribed surveillance device is using the device under this Act.\n(sec.173A-ssec.6) In this section— prescribed surveillance device means a surveillance device prescribed by regulation for this definition. prisoner communication see section 52 (6) . surveillance device means a device capable of transmitting or recording sound, images or changes in an environment. a fixed or portable video camera, a camera drone, an intercom, a motion detector, a non-contact thermometer\n- (a) the safety of prisoners, corrective services officers, visitors to the facility and the community; or\n- (b) the maintenance of security and good order at the facility; or\n- (c) the prevention of intimidation, corruption and the commission of other offences at the facility; or\n- (d) the detection of prohibited things entering, at or leaving the facility.\n- (a) must include requirements about the use, storage and destruction of recordings made by a prescribed surveillance device; and\n- (b) must not authorise the covert use of a prescribed surveillance device; and\n- (c) must not authorise the recording or monitoring of a prisoner communication that cannot be lawfully recorded or monitored under chapter 2 , part 2 , division 4 , subdivision 3 .\n- (a) this section does not limit the monitoring or use of a surveillance device at a corrective services facility, including the covert use of a surveillance device, authorised under another provision of this Act or another Act; and Example— the use of a surveillance device under a surveillance device warrant under the Police Powers and Responsibilities Act 2000 , chapter 13\n- (b) a person authorised by the chief executive under this section to use a prescribed surveillance device is using the device under this Act.","sortOrder":247},{"sectionNumber":"sec.173B","sectionType":"section","heading":"Body-worn camera used by corrective services officer outside corrective services facility","content":"### sec.173B Body-worn camera used by corrective services officer outside corrective services facility\n\nSubject to this section, a corrective services officer is authorised to use a body-worn camera while acting in the performance of the officer’s duties outside a corrective services facility.\nA body-worn camera may only be used outside a corrective services facility to record or monitor activity when the corrective services officer—\nhas a prisoner under the officer’s control; or\nis responding to an incident; or\nis using, or considering using, force under chapter 3 , part 5 ; or\nbelieves there is an imminent and significant risk to the life, health or safety of an individual; or\nbelieves that an offence or breach of discipline is being, has been or is about to be committed and that use of the device may provide evidence relevant to the offence or breach of discipline.\nIf an activity being recorded or monitored takes place in a sensitive location, a body-worn camera may only be used if the corrective services officer believes there is an imminent and significant risk to the life, health or safety of an individual.\nA body-worn camera must not be used to record or monitor prisoner communication that could not be lawfully recorded or monitored under chapter 2 , part 2 , division 4 , subdivision 3 if it took place in a corrective services facility.\nA body-worn camera used by a corrective services officer—\nmust be a body-worn camera issued to the officer by the chief executive; and\nmust not be deliberately hidden from view or disguised to look like another type of device.\nUse of a body-worn camera is not rendered unlawful only because it is—\nincidental to an authorised use; or\ninadvertent or unexpected.\nThis section is a provision authorising the use of a listening device for the purposes of the Invasion of Privacy Act 1971 , section 43 (2) (d) .\nThe administrative procedures made by the chief executive under section 265 must include requirements about the use, storage and destruction of recordings made by corrective services officers using body-worn cameras outside a corrective services facility.\nIn this section—\nbody-worn camera means a prescribed surveillance device under section 173A —\nworn on clothing or otherwise secured on a person; and\ndesigned to be used to—\nrecord images; or\nrecord images and sounds.\nsensitive location means any of the following—\na room or other place where a court, tribunal or commission established under an Act is sitting;\na room or other place, other than a patient waiting area, where a person is being personally assessed or treated by a health practitioner or authorised mental health service;\na building or other place that is a place of worship;\na building or part of a building that is a private residence;\na room or other place where a person might reasonably be expected to be engaged in—\nshowering, bathing or using a toilet; or\nsome other activity involving a state of undress; or\nan intimate sexual activity not ordinarily done in public;\na location prescribed by regulation to be a sensitive location.\ns 173B ins 2024 No. 25 s 43\n(sec.173B-ssec.1) Subject to this section, a corrective services officer is authorised to use a body-worn camera while acting in the performance of the officer’s duties outside a corrective services facility.\n(sec.173B-ssec.2) A body-worn camera may only be used outside a corrective services facility to record or monitor activity when the corrective services officer— has a prisoner under the officer’s control; or is responding to an incident; or is using, or considering using, force under chapter 3 , part 5 ; or believes there is an imminent and significant risk to the life, health or safety of an individual; or believes that an offence or breach of discipline is being, has been or is about to be committed and that use of the device may provide evidence relevant to the offence or breach of discipline.\n(sec.173B-ssec.3) If an activity being recorded or monitored takes place in a sensitive location, a body-worn camera may only be used if the corrective services officer believes there is an imminent and significant risk to the life, health or safety of an individual.\n(sec.173B-ssec.4) A body-worn camera must not be used to record or monitor prisoner communication that could not be lawfully recorded or monitored under chapter 2 , part 2 , division 4 , subdivision 3 if it took place in a corrective services facility.\n(sec.173B-ssec.5) A body-worn camera used by a corrective services officer— must be a body-worn camera issued to the officer by the chief executive; and must not be deliberately hidden from view or disguised to look like another type of device.\n(sec.173B-ssec.6) Use of a body-worn camera is not rendered unlawful only because it is— incidental to an authorised use; or inadvertent or unexpected.\n(sec.173B-ssec.7) This section is a provision authorising the use of a listening device for the purposes of the Invasion of Privacy Act 1971 , section 43 (2) (d) .\n(sec.173B-ssec.8) The administrative procedures made by the chief executive under section 265 must include requirements about the use, storage and destruction of recordings made by corrective services officers using body-worn cameras outside a corrective services facility.\n(sec.173B-ssec.9) In this section— body-worn camera means a prescribed surveillance device under section 173A — worn on clothing or otherwise secured on a person; and designed to be used to— record images; or record images and sounds. sensitive location means any of the following— a room or other place where a court, tribunal or commission established under an Act is sitting; a room or other place, other than a patient waiting area, where a person is being personally assessed or treated by a health practitioner or authorised mental health service; a building or other place that is a place of worship; a building or part of a building that is a private residence; a room or other place where a person might reasonably be expected to be engaged in— showering, bathing or using a toilet; or some other activity involving a state of undress; or an intimate sexual activity not ordinarily done in public; a location prescribed by regulation to be a sensitive location.\n- (a) has a prisoner under the officer’s control; or\n- (b) is responding to an incident; or\n- (c) is using, or considering using, force under chapter 3 , part 5 ; or\n- (d) believes there is an imminent and significant risk to the life, health or safety of an individual; or\n- (e) believes that an offence or breach of discipline is being, has been or is about to be committed and that use of the device may provide evidence relevant to the offence or breach of discipline.\n- (a) must be a body-worn camera issued to the officer by the chief executive; and\n- (b) must not be deliberately hidden from view or disguised to look like another type of device.\n- (a) incidental to an authorised use; or\n- (b) inadvertent or unexpected.\n- (a) worn on clothing or otherwise secured on a person; and\n- (b) designed to be used to— (i) record images; or (ii) record images and sounds.\n- (i) record images; or\n- (ii) record images and sounds.\n- (i) record images; or\n- (ii) record images and sounds.\n- (a) a room or other place where a court, tribunal or commission established under an Act is sitting;\n- (b) a room or other place, other than a patient waiting area, where a person is being personally assessed or treated by a health practitioner or authorised mental health service;\n- (c) a building or other place that is a place of worship;\n- (d) a building or part of a building that is a private residence;\n- (e) a room or other place where a person might reasonably be expected to be engaged in— (i) showering, bathing or using a toilet; or (ii) some other activity involving a state of undress; or (iii) an intimate sexual activity not ordinarily done in public;\n- (i) showering, bathing or using a toilet; or\n- (ii) some other activity involving a state of undress; or\n- (iii) an intimate sexual activity not ordinarily done in public;\n- (f) a location prescribed by regulation to be a sensitive location.\n- (i) showering, bathing or using a toilet; or\n- (ii) some other activity involving a state of undress; or\n- (iii) an intimate sexual activity not ordinarily done in public;","sortOrder":248},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Searching corrective services facilities and vehicles","content":"# Searching corrective services facilities and vehicles","sortOrder":249},{"sectionNumber":"sec.174","sectionType":"section","heading":"Power to search corrective services facility","content":"### sec.174 Power to search corrective services facility\n\nThe chief executive may conduct a search of a corrective services facility other than prisoner facilities.\nSee section 33 for power to search a prisoner’s room.\nThe chief executive may direct a corrective services officer to be present during the search.\n(sec.174-ssec.1) The chief executive may conduct a search of a corrective services facility other than prisoner facilities. See section 33 for power to search a prisoner’s room.\n(sec.174-ssec.2) The chief executive may direct a corrective services officer to be present during the search.","sortOrder":250},{"sectionNumber":"sec.175","sectionType":"section","heading":"Power to search vehicle","content":"### sec.175 Power to search vehicle\n\nThe chief executive may conduct a search of a vehicle, including, for example, a delivery vehicle, before it enters or leaves a corrective services facility.","sortOrder":251},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Powers and limitations for searches","content":"# Powers and limitations for searches","sortOrder":252},{"sectionNumber":"sec.175A","sectionType":"section","heading":"Conducting searches","content":"### sec.175A Conducting searches\n\nIn conducting a general search, scanning search or an imaging search of a person, a corrective services officer must—\nensure, as far as reasonably practicable, the way the person is searched causes minimal embarrassment to the person; and\ntake reasonable care to minimise any physical contact with the person.\nHowever—\nin conducting a general search of a person, a corrective services officer may require the person to—\nopen the person’s hands or mouth for visual inspection; or\nshake the person’s hair vigorously; and\nin conducting a general search of a thing in the possession of a person, a corrective services officer may touch or move the thing without touching the person; and\nin conducting a scanning search of a person, a corrective services officer may use an apparatus for touching or coming into contact with the person; and\nin conducting an imaging search of a person, a corrective services officer may, to the extent necessary to effectively conduct the search—\nrequire the person to remove the person’s outer garments; or\nrequire that another person or an apparatus come into contact with the person; or\nrequire the person to hold a position temporarily or to move as directed by the officer.\nrequiring a person to stand on a particular spot while holding out the person’s arms\nrequiring a person to walk slowly through an apparatus\nIn conducting a scanning search of a person, a corrective services officer must use only an apparatus, for touching or coming into contact with a person who is submitting to the search, prescribed by regulation for this subsection.\nIn conducting an imaging search of a person, a corrective services officer must use only an apparatus or device prescribed by regulation for this subsection.\nA regulation may prescribe—\nadditional limitations on the use of particular apparatus or devices in conducting imaging searches; and\nA regulation may prescribe the maximum number of times a person may be searched using a particular device in a stated period.\nother requirements and procedures relating to imaging searches, including, for example, the use, storage and destruction of images produced by an imaging search.\ns 175A ins 2020 No. 23 s 22\nsub 2023 No. 14 s 20\namd 2024 No. 25 s 3 sch 1\n(sec.175A-ssec.1) In conducting a general search, scanning search or an imaging search of a person, a corrective services officer must— ensure, as far as reasonably practicable, the way the person is searched causes minimal embarrassment to the person; and take reasonable care to minimise any physical contact with the person.\n(sec.175A-ssec.2) However— in conducting a general search of a person, a corrective services officer may require the person to— open the person’s hands or mouth for visual inspection; or shake the person’s hair vigorously; and in conducting a general search of a thing in the possession of a person, a corrective services officer may touch or move the thing without touching the person; and in conducting a scanning search of a person, a corrective services officer may use an apparatus for touching or coming into contact with the person; and in conducting an imaging search of a person, a corrective services officer may, to the extent necessary to effectively conduct the search— require the person to remove the person’s outer garments; or require that another person or an apparatus come into contact with the person; or require the person to hold a position temporarily or to move as directed by the officer. requiring a person to stand on a particular spot while holding out the person’s arms requiring a person to walk slowly through an apparatus\n(sec.175A-ssec.3) In conducting a scanning search of a person, a corrective services officer must use only an apparatus, for touching or coming into contact with a person who is submitting to the search, prescribed by regulation for this subsection.\n(sec.175A-ssec.4) In conducting an imaging search of a person, a corrective services officer must use only an apparatus or device prescribed by regulation for this subsection.\n(sec.175A-ssec.5) A regulation may prescribe— additional limitations on the use of particular apparatus or devices in conducting imaging searches; and A regulation may prescribe the maximum number of times a person may be searched using a particular device in a stated period. other requirements and procedures relating to imaging searches, including, for example, the use, storage and destruction of images produced by an imaging search.\n- (a) ensure, as far as reasonably practicable, the way the person is searched causes minimal embarrassment to the person; and\n- (b) take reasonable care to minimise any physical contact with the person.\n- (a) in conducting a general search of a person, a corrective services officer may require the person to— (i) open the person’s hands or mouth for visual inspection; or (ii) shake the person’s hair vigorously; and\n- (i) open the person’s hands or mouth for visual inspection; or\n- (ii) shake the person’s hair vigorously; and\n- (b) in conducting a general search of a thing in the possession of a person, a corrective services officer may touch or move the thing without touching the person; and\n- (c) in conducting a scanning search of a person, a corrective services officer may use an apparatus for touching or coming into contact with the person; and\n- (d) in conducting an imaging search of a person, a corrective services officer may, to the extent necessary to effectively conduct the search— (i) require the person to remove the person’s outer garments; or (ii) require that another person or an apparatus come into contact with the person; or (iii) require the person to hold a position temporarily or to move as directed by the officer. Examples— • requiring a person to stand on a particular spot while holding out the person’s arms • requiring a person to walk slowly through an apparatus\n- (i) require the person to remove the person’s outer garments; or\n- (ii) require that another person or an apparatus come into contact with the person; or\n- (iii) require the person to hold a position temporarily or to move as directed by the officer. Examples— • requiring a person to stand on a particular spot while holding out the person’s arms • requiring a person to walk slowly through an apparatus\n- • requiring a person to stand on a particular spot while holding out the person’s arms\n- • requiring a person to walk slowly through an apparatus\n- (i) open the person’s hands or mouth for visual inspection; or\n- (ii) shake the person’s hair vigorously; and\n- (i) require the person to remove the person’s outer garments; or\n- (ii) require that another person or an apparatus come into contact with the person; or\n- (iii) require the person to hold a position temporarily or to move as directed by the officer. Examples— • requiring a person to stand on a particular spot while holding out the person’s arms • requiring a person to walk slowly through an apparatus\n- • requiring a person to stand on a particular spot while holding out the person’s arms\n- • requiring a person to walk slowly through an apparatus\n- • requiring a person to stand on a particular spot while holding out the person’s arms\n- • requiring a person to walk slowly through an apparatus\n- (a) additional limitations on the use of particular apparatus or devices in conducting imaging searches; and Example— A regulation may prescribe the maximum number of times a person may be searched using a particular device in a stated period.\n- (b) other requirements and procedures relating to imaging searches, including, for example, the use, storage and destruction of images produced by an imaging search.","sortOrder":253},{"sectionNumber":"ch.5-pt.1AA","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":254},{"sectionNumber":"sec.175B","sectionType":"section","heading":"Definitions for chapter","content":"### sec.175B Definitions for chapter\n\nIn this chapter—\ncommissioner’s report , about a no body-no parole prisoner, means a written report prepared by the commissioner containing—\na statement whether the prisoner has given any cooperation in relation to the homicide offence for which the prisoner is serving a sentence of imprisonment; and\nif the prisoner has given any cooperation—an evaluation of—\nthe nature, extent and timeliness of the prisoner’s cooperation; and\nthe truthfulness, completeness and reliability of any information or evidence provided by the prisoner in relation to the victim’s location; and\nthe significance and usefulness of the prisoner’s cooperation.\ncooperation , in relation to a homicide offence for which a no body-no parole prisoner is serving a sentence of imprisonment, means the cooperation given by the prisoner—\nin the investigation of the homicide offence to identify the victim’s location; and\nbefore or after the prisoner was sentenced to imprisonment for the offence.\nhomicide offence ...\ns 175B def homicide offence om 2024 No. 25 s 8\nno body-no parole prisoner see section 175C .\nno cooperation declaration see section 175L .\nreconsideration application see section 175R (2) .\nrestricted prisoner see section 175D .\nrestricted prisoner declaration see section 175E .\nrestricted prisoner report , for a restricted prisoner, means a report prepared by the chief executive about the prisoner under section 175F .\nvictim’s location means—\nthe location, or the last known location, of every part of the body or remains of the victim of the offence; and\nthe place where every part of the body or remains of the victim of the offence may be found.\ns 175B ins 2021 No. 24 s 7\n- (a) a statement whether the prisoner has given any cooperation in relation to the homicide offence for which the prisoner is serving a sentence of imprisonment; and\n- (b) if the prisoner has given any cooperation—an evaluation of— (i) the nature, extent and timeliness of the prisoner’s cooperation; and (ii) the truthfulness, completeness and reliability of any information or evidence provided by the prisoner in relation to the victim’s location; and (iii) the significance and usefulness of the prisoner’s cooperation.\n- (i) the nature, extent and timeliness of the prisoner’s cooperation; and\n- (ii) the truthfulness, completeness and reliability of any information or evidence provided by the prisoner in relation to the victim’s location; and\n- (iii) the significance and usefulness of the prisoner’s cooperation.\n- (i) the nature, extent and timeliness of the prisoner’s cooperation; and\n- (ii) the truthfulness, completeness and reliability of any information or evidence provided by the prisoner in relation to the victim’s location; and\n- (iii) the significance and usefulness of the prisoner’s cooperation.\n- (a) in the investigation of the homicide offence to identify the victim’s location; and\n- (b) before or after the prisoner was sentenced to imprisonment for the offence.\n- (a) the location, or the last known location, of every part of the body or remains of the victim of the offence; and\n- (b) the place where every part of the body or remains of the victim of the offence may be found.","sortOrder":255},{"sectionNumber":"sec.175C","sectionType":"section","heading":"Meaning of no body-no parole prisoner","content":"### sec.175C Meaning of no body-no parole prisoner\n\nA prisoner is a no body-no parole prisoner if—\nthe prisoner is serving a period of imprisonment for a homicide offence; and\neither—\nthe body or remains of the victim of the offence have not been located; or\nbecause of an act or omission of the prisoner or another person, part of the body or remains of the victim has not been located.\ns 175C ins 2021 No. 24 s 7\n- (a) the prisoner is serving a period of imprisonment for a homicide offence; and\n- (b) either— (i) the body or remains of the victim of the offence have not been located; or (ii) because of an act or omission of the prisoner or another person, part of the body or remains of the victim has not been located.\n- (i) the body or remains of the victim of the offence have not been located; or\n- (ii) because of an act or omission of the prisoner or another person, part of the body or remains of the victim has not been located.\n- (i) the body or remains of the victim of the offence have not been located; or\n- (ii) because of an act or omission of the prisoner or another person, part of the body or remains of the victim has not been located.","sortOrder":256},{"sectionNumber":"sec.175D","sectionType":"section","heading":"Meaning of restricted prisoner","content":"### sec.175D Meaning of restricted prisoner\n\nA prisoner is a restricted prisoner if the prisoner has been sentenced to life imprisonment for—\na conviction of murder and the person killed was a child; or\nmore than 1 conviction of murder; or\n1 conviction of murder and another offence of murder was taken into account; or\na conviction of murder and the person has on a previous occasion been sentenced for another offence of murder.\ns 175D ins 2021 No. 24 s 7\n- (a) a conviction of murder and the person killed was a child; or\n- (b) more than 1 conviction of murder; or\n- (c) 1 conviction of murder and another offence of murder was taken into account; or\n- (d) a conviction of murder and the person has on a previous occasion been sentenced for another offence of murder.","sortOrder":257},{"sectionNumber":"ch.5-pt.1AB","sectionType":"part","heading":"Parole declarations","content":"# Parole declarations","sortOrder":258},{"sectionNumber":"ch.5-pt.1AB-div.1","sectionType":"division","heading":"Restricted prisoner declarations","content":"## Restricted prisoner declarations","sortOrder":259},{"sectionNumber":"sec.175E","sectionType":"section","heading":"Making restricted prisoner declaration","content":"### sec.175E Making restricted prisoner declaration\n\nThe president may make a declaration under this division (a restricted prisoner declaration ) about a restricted prisoner.\ns 175E ins 2021 No. 24 s 7","sortOrder":260},{"sectionNumber":"sec.175F","sectionType":"section","heading":"Restricted prisoner report","content":"### sec.175F Restricted prisoner report\n\nThe chief executive may, at any time during a restricted prisoner’s period of imprisonment, give the president a restricted prisoner report about the prisoner that includes information the chief executive considers is relevant to any of the matters mentioned in section 175H (2) .\nIf the chief executive is given a notice under section 193AA (2) , the chief executive must give the president a restricted prisoner report about the prisoner within 28 days after being given the notice.\ns 175F ins 2021 No. 24 s 7\n(sec.175F-ssec.1) The chief executive may, at any time during a restricted prisoner’s period of imprisonment, give the president a restricted prisoner report about the prisoner that includes information the chief executive considers is relevant to any of the matters mentioned in section 175H (2) .\n(sec.175F-ssec.2) If the chief executive is given a notice under section 193AA (2) , the chief executive must give the president a restricted prisoner report about the prisoner within 28 days after being given the notice.","sortOrder":261},{"sectionNumber":"sec.175G","sectionType":"section","heading":"If restricted prisoner report given to president","content":"### sec.175G If restricted prisoner report given to president\n\nThis section applies if the chief executive, under section 175F , gives the president a restricted prisoner report.\nThe president must—\nif a restricted prisoner declaration (the current declaration ) is in force for the prisoner—decide whether to make a declaration (a new declaration ) about the prisoner to take effect on the day immediately after the day the current declaration ends; or\nif there is no restricted prisoner declaration in force for the prisoner—decide whether to make a restricted prisoner declaration about the prisoner.\nAs soon as practicable after being given the restricted prisoner report, the president must give the restricted prisoner a written notice stating that—\nthe president has received the report about the prisoner; and\nthe president must decide—\nif a current declaration is in force for the prisoner—whether to make a new declaration; or\nif there is no current declaration in force for the prisoner—whether to make a restricted prisoner declaration about the prisoner; and\nif a restricted prisoner declaration is made about the prisoner, the prisoner may not apply for parole under section 180 during the period stated in the declaration; and\nthe prisoner may, within 21 days after the notice is given (the stated period )—\ngive the president a written submission about the making of the declaration; and\nask the president to consider any material the prisoner considers relevant to the submission.\nThe president may extend the stated period if the president considers it reasonable in the circumstances.\ns 175G ins 2021 No. 24 s 7\n(sec.175G-ssec.1) This section applies if the chief executive, under section 175F , gives the president a restricted prisoner report.\n(sec.175G-ssec.2) The president must— if a restricted prisoner declaration (the current declaration ) is in force for the prisoner—decide whether to make a declaration (a new declaration ) about the prisoner to take effect on the day immediately after the day the current declaration ends; or if there is no restricted prisoner declaration in force for the prisoner—decide whether to make a restricted prisoner declaration about the prisoner.\n(sec.175G-ssec.3) As soon as practicable after being given the restricted prisoner report, the president must give the restricted prisoner a written notice stating that— the president has received the report about the prisoner; and the president must decide— if a current declaration is in force for the prisoner—whether to make a new declaration; or if there is no current declaration in force for the prisoner—whether to make a restricted prisoner declaration about the prisoner; and if a restricted prisoner declaration is made about the prisoner, the prisoner may not apply for parole under section 180 during the period stated in the declaration; and the prisoner may, within 21 days after the notice is given (the stated period )— give the president a written submission about the making of the declaration; and ask the president to consider any material the prisoner considers relevant to the submission.\n(sec.175G-ssec.4) The president may extend the stated period if the president considers it reasonable in the circumstances.\n- (a) if a restricted prisoner declaration (the current declaration ) is in force for the prisoner—decide whether to make a declaration (a new declaration ) about the prisoner to take effect on the day immediately after the day the current declaration ends; or\n- (b) if there is no restricted prisoner declaration in force for the prisoner—decide whether to make a restricted prisoner declaration about the prisoner.\n- (a) the president has received the report about the prisoner; and\n- (b) the president must decide— (i) if a current declaration is in force for the prisoner—whether to make a new declaration; or (ii) if there is no current declaration in force for the prisoner—whether to make a restricted prisoner declaration about the prisoner; and\n- (i) if a current declaration is in force for the prisoner—whether to make a new declaration; or\n- (ii) if there is no current declaration in force for the prisoner—whether to make a restricted prisoner declaration about the prisoner; and\n- (c) if a restricted prisoner declaration is made about the prisoner, the prisoner may not apply for parole under section 180 during the period stated in the declaration; and\n- (d) the prisoner may, within 21 days after the notice is given (the stated period )— (i) give the president a written submission about the making of the declaration; and (ii) ask the president to consider any material the prisoner considers relevant to the submission.\n- (i) give the president a written submission about the making of the declaration; and\n- (ii) ask the president to consider any material the prisoner considers relevant to the submission.\n- (i) if a current declaration is in force for the prisoner—whether to make a new declaration; or\n- (ii) if there is no current declaration in force for the prisoner—whether to make a restricted prisoner declaration about the prisoner; and\n- (i) give the president a written submission about the making of the declaration; and\n- (ii) ask the president to consider any material the prisoner considers relevant to the submission.","sortOrder":262},{"sectionNumber":"sec.175H","sectionType":"section","heading":"Deciding to make restricted prisoner declaration","content":"### sec.175H Deciding to make restricted prisoner declaration\n\nThe president may make a restricted prisoner declaration about a restricted prisoner if the president is satisfied it is in the public interest to do so.\nIn considering the public interest the president must have regard to the following matters—\nthe nature, seriousness and circumstances of the offence, or each offence, for which the prisoner was sentenced to life imprisonment;\nany risk the prisoner may pose to the public if the prisoner is granted parole;\nthe likely effect that the prisoner’s release on parole may have on an eligible person or a victim.\nAlso, in deciding whether to make a restricted prisoner declaration the president must have regard to the following information—\nthe restricted prisoner report about the prisoner;\nif an eligible person has, under section 188 , at any time made a submission in relation to a parole application made by the prisoner—the submission;\nany relevant remarks made by a court in a proceeding against the prisoner for the offence for which the prisoner was sentenced to a term of life imprisonment;\nif the prisoner made a submission under section 175G (3) (d) —the submission.\nWithout limiting subsections (2) and (3) , the president may have regard to any other matter or information the president considers relevant to the public interest.\nIf the president considers it reasonable in the circumstances, the president may—\ndefer deciding whether to make the restricted prisoner declaration; and\nask any person for further information or documents the president reasonably requires to decide whether to make the declaration.\nThe president must decide whether to make the restricted prisoner declaration within the following period—\nif the president has deferred making the decision under subsection (5) —150 days after receiving the restricted prisoner report;\notherwise—120 days after receiving the restricted prisoner report.\nA failure to make a decision within the period mentioned in subsection (6) does not affect the validity of the president’s decision.\nIn this section—\nvictim see the Victims of Crime Assistance Act 2009 , section 5 .\ns 175H ins 2021 No. 24 s 7\n(sec.175H-ssec.1) The president may make a restricted prisoner declaration about a restricted prisoner if the president is satisfied it is in the public interest to do so.\n(sec.175H-ssec.2) In considering the public interest the president must have regard to the following matters— the nature, seriousness and circumstances of the offence, or each offence, for which the prisoner was sentenced to life imprisonment; any risk the prisoner may pose to the public if the prisoner is granted parole; the likely effect that the prisoner’s release on parole may have on an eligible person or a victim.\n(sec.175H-ssec.3) Also, in deciding whether to make a restricted prisoner declaration the president must have regard to the following information— the restricted prisoner report about the prisoner; if an eligible person has, under section 188 , at any time made a submission in relation to a parole application made by the prisoner—the submission; any relevant remarks made by a court in a proceeding against the prisoner for the offence for which the prisoner was sentenced to a term of life imprisonment; if the prisoner made a submission under section 175G (3) (d) —the submission.\n(sec.175H-ssec.4) Without limiting subsections (2) and (3) , the president may have regard to any other matter or information the president considers relevant to the public interest.\n(sec.175H-ssec.5) If the president considers it reasonable in the circumstances, the president may— defer deciding whether to make the restricted prisoner declaration; and ask any person for further information or documents the president reasonably requires to decide whether to make the declaration.\n(sec.175H-ssec.6) The president must decide whether to make the restricted prisoner declaration within the following period— if the president has deferred making the decision under subsection (5) —150 days after receiving the restricted prisoner report; otherwise—120 days after receiving the restricted prisoner report.\n(sec.175H-ssec.7) A failure to make a decision within the period mentioned in subsection (6) does not affect the validity of the president’s decision.\n(sec.175H-ssec.8) In this section— victim see the Victims of Crime Assistance Act 2009 , section 5 .\n- (a) the nature, seriousness and circumstances of the offence, or each offence, for which the prisoner was sentenced to life imprisonment;\n- (b) any risk the prisoner may pose to the public if the prisoner is granted parole;\n- (c) the likely effect that the prisoner’s release on parole may have on an eligible person or a victim.\n- (a) the restricted prisoner report about the prisoner;\n- (b) if an eligible person has, under section 188 , at any time made a submission in relation to a parole application made by the prisoner—the submission;\n- (c) any relevant remarks made by a court in a proceeding against the prisoner for the offence for which the prisoner was sentenced to a term of life imprisonment;\n- (d) if the prisoner made a submission under section 175G (3) (d) —the submission.\n- (a) defer deciding whether to make the restricted prisoner declaration; and\n- (b) ask any person for further information or documents the president reasonably requires to decide whether to make the declaration.\n- (a) if the president has deferred making the decision under subsection (5) —150 days after receiving the restricted prisoner report;\n- (b) otherwise—120 days after receiving the restricted prisoner report.","sortOrder":263},{"sectionNumber":"sec.175I","sectionType":"section","heading":"If restricted prisoner declaration made","content":"### sec.175I If restricted prisoner declaration made\n\nIf the president makes a restricted prisoner declaration, the declaration must state—\nthe reasons for the decision; and\nthe day the declaration takes effect; and\nthe day the declaration ends; and\nthat the restricted prisoner may not apply for parole under section 180 while the declaration is in force; and\nif the prisoner’s application for parole was deferred under section 193AA (2) —that the application for parole is refused.\nThe day the declaration takes effect must not be—\nif a restricted prisoner declaration is in force for the prisoner—a day before the current declaration ends; or\notherwise—a day before the day the declaration is made.\nThe day the declaration ends must not be later than 10 years after the day the declaration takes effect.\nIn deciding the term of the declaration the president must—\nbe satisfied the term is in the public interest; and\nhave regard to the matters mentioned in section 175H (2) .\nThe president must give a copy of the declaration to—\nthe prisoner; and\nthe chief executive; and\nthe parole board.\nIn this section—\ncurrent declaration see section 175G (2) .\ns 175I ins 2021 No. 24 s 7\n(sec.175I-ssec.1) If the president makes a restricted prisoner declaration, the declaration must state— the reasons for the decision; and the day the declaration takes effect; and the day the declaration ends; and that the restricted prisoner may not apply for parole under section 180 while the declaration is in force; and if the prisoner’s application for parole was deferred under section 193AA (2) —that the application for parole is refused.\n(sec.175I-ssec.2) The day the declaration takes effect must not be— if a restricted prisoner declaration is in force for the prisoner—a day before the current declaration ends; or otherwise—a day before the day the declaration is made.\n(sec.175I-ssec.3) The day the declaration ends must not be later than 10 years after the day the declaration takes effect.\n(sec.175I-ssec.4) In deciding the term of the declaration the president must— be satisfied the term is in the public interest; and have regard to the matters mentioned in section 175H (2) .\n(sec.175I-ssec.5) The president must give a copy of the declaration to— the prisoner; and the chief executive; and the parole board.\n(sec.175I-ssec.6) In this section— current declaration see section 175G (2) .\n- (a) the reasons for the decision; and\n- (b) the day the declaration takes effect; and\n- (c) the day the declaration ends; and\n- (d) that the restricted prisoner may not apply for parole under section 180 while the declaration is in force; and\n- (e) if the prisoner’s application for parole was deferred under section 193AA (2) —that the application for parole is refused.\n- (a) if a restricted prisoner declaration is in force for the prisoner—a day before the current declaration ends; or\n- (b) otherwise—a day before the day the declaration is made.\n- (a) be satisfied the term is in the public interest; and\n- (b) have regard to the matters mentioned in section 175H (2) .\n- (a) the prisoner; and\n- (b) the chief executive; and\n- (c) the parole board.","sortOrder":264},{"sectionNumber":"sec.175J","sectionType":"section","heading":"If restricted prisoner declaration not made","content":"### sec.175J If restricted prisoner declaration not made\n\nThis section applies if the president decides not to make a restricted prisoner declaration about a restricted prisoner.\nAs soon as practicable after making the decision the president must give written notice of the decision to—\nthe prisoner; and\nthe chief executive; and\nthe parole board.\nIf the prisoner’s application for parole was deferred under section 193AA (2) , the notice given to the prisoner must state that the application is referred to the parole board for hearing and deciding under part 1 , division 2 .\nNothing in this section limits the president from considering whether to make a declaration about the prisoner if the president receives another restricted prisoner report under section 175F .\ns 175J ins 2021 No. 24 s 7\n(sec.175J-ssec.1) This section applies if the president decides not to make a restricted prisoner declaration about a restricted prisoner.\n(sec.175J-ssec.2) As soon as practicable after making the decision the president must give written notice of the decision to— the prisoner; and the chief executive; and the parole board.\n(sec.175J-ssec.3) If the prisoner’s application for parole was deferred under section 193AA (2) , the notice given to the prisoner must state that the application is referred to the parole board for hearing and deciding under part 1 , division 2 .\n(sec.175J-ssec.4) Nothing in this section limits the president from considering whether to make a declaration about the prisoner if the president receives another restricted prisoner report under section 175F .\n- (a) the prisoner; and\n- (b) the chief executive; and\n- (c) the parole board.","sortOrder":265},{"sectionNumber":"ch.5-pt.1AB-div.2","sectionType":"division","heading":"No cooperation declarations","content":"## No cooperation declarations","sortOrder":266},{"sectionNumber":"sec.175K","sectionType":"section","heading":"Application of division","content":"### sec.175K Application of division\n\nThis division applies if—\na no body-no parole prisoner applies for a parole order under section 176 or 180 ; or\nthe parole board decides to consider whether a no body-no parole prisoner has given satisfactory cooperation.\n- (a) a no body-no parole prisoner applies for a parole order under section 176 or 180 ; or\n- (b) the parole board decides to consider whether a no body-no parole prisoner has given satisfactory cooperation.","sortOrder":267},{"sectionNumber":"sec.175L","sectionType":"section","heading":"Parole board may make no cooperation declaration","content":"### sec.175L Parole board may make no cooperation declaration\n\nIf the parole board is not satisfied a no body-no parole prisoner has given satisfactory cooperation, the parole board must make a declaration under this division (a no cooperation declaration ) about the prisoner.\nSee sections 176B , 180 (2) (d) and 193A (2) .\ns 175L ins 2021 No. 24 s 7","sortOrder":268},{"sectionNumber":"sec.175M","sectionType":"section","heading":"Parole board may request commissioner’s report","content":"### sec.175M Parole board may request commissioner’s report\n\nThis section applies if—\na no body-no parole prisoner’s application for a parole order is deferred under section 193A ; or\nthe parole board is given a notice under section 175S (4) or 175T (3) ; or\nat anytime after a no body-no parole prisoner begins to serve the prisoner’s period of imprisonment, the parole board decides to consider if the prisoner has given satisfactory cooperation.\nSubject to subsection (3) , the parole board must, by written notice, ask the commissioner for a commissioner’s report about the prisoner.\nIf an appeal has been made to a court against the conviction or sentence to which the period of imprisonment relates, the parole board must not ask for a commissioner’s report until the appeal is decided.\nThe written notice must state the day the parole board proposes to consider if the prisoner has given satisfactory cooperation (the proposed hearing day ).\nThe commissioner must comply with the request by giving the parole board the commissioner’s report at least 28 days before the proposed hearing day.\nThe parole board must give the chief executive a copy of the notice given to the commissioner.\ns 175M ins 2021 No. 24 s 7\n(sec.175M-ssec.1) This section applies if— a no body-no parole prisoner’s application for a parole order is deferred under section 193A ; or the parole board is given a notice under section 175S (4) or 175T (3) ; or at anytime after a no body-no parole prisoner begins to serve the prisoner’s period of imprisonment, the parole board decides to consider if the prisoner has given satisfactory cooperation.\n(sec.175M-ssec.2) Subject to subsection (3) , the parole board must, by written notice, ask the commissioner for a commissioner’s report about the prisoner.\n(sec.175M-ssec.3) If an appeal has been made to a court against the conviction or sentence to which the period of imprisonment relates, the parole board must not ask for a commissioner’s report until the appeal is decided.\n(sec.175M-ssec.4) The written notice must state the day the parole board proposes to consider if the prisoner has given satisfactory cooperation (the proposed hearing day ).\n(sec.175M-ssec.5) The commissioner must comply with the request by giving the parole board the commissioner’s report at least 28 days before the proposed hearing day.\n(sec.175M-ssec.6) The parole board must give the chief executive a copy of the notice given to the commissioner.\n- (a) a no body-no parole prisoner’s application for a parole order is deferred under section 193A ; or\n- (b) the parole board is given a notice under section 175S (4) or 175T (3) ; or\n- (c) at anytime after a no body-no parole prisoner begins to serve the prisoner’s period of imprisonment, the parole board decides to consider if the prisoner has given satisfactory cooperation.","sortOrder":269},{"sectionNumber":"sec.175N","sectionType":"section","heading":"Parole board must notify no body-no parole prisoner","content":"### sec.175N Parole board must notify no body-no parole prisoner\n\nThis section applies if the parole board is given a commissioner’s report under section 175M .\nThe parole board must give the no body-no parole prisoner a written notice stating that—\nthe board has received a commissioner’s report about the prisoner; and\nthe board must consider whether to make a no cooperation declaration about the prisoner; and\nif a no cooperation declaration is made about the prisoner—the prisoner may not apply for parole during the period the declaration continues in force; and\nthe prisoner may, within 21 days after the notice is given (the stated period )—\ngive the board a written submission about the making of the declaration; and\nask the board to consider any material the prisoner considers relevant to the submission.\nThe parole board may extend the stated period if the board considers it reasonable in the circumstances.\ns 175N ins 2021 No. 24 s 7\n(sec.175N-ssec.1) This section applies if the parole board is given a commissioner’s report under section 175M .\n(sec.175N-ssec.2) The parole board must give the no body-no parole prisoner a written notice stating that— the board has received a commissioner’s report about the prisoner; and the board must consider whether to make a no cooperation declaration about the prisoner; and if a no cooperation declaration is made about the prisoner—the prisoner may not apply for parole during the period the declaration continues in force; and the prisoner may, within 21 days after the notice is given (the stated period )— give the board a written submission about the making of the declaration; and ask the board to consider any material the prisoner considers relevant to the submission.\n(sec.175N-ssec.3) The parole board may extend the stated period if the board considers it reasonable in the circumstances.\n- (a) the board has received a commissioner’s report about the prisoner; and\n- (b) the board must consider whether to make a no cooperation declaration about the prisoner; and\n- (c) if a no cooperation declaration is made about the prisoner—the prisoner may not apply for parole during the period the declaration continues in force; and\n- (d) the prisoner may, within 21 days after the notice is given (the stated period )— (i) give the board a written submission about the making of the declaration; and (ii) ask the board to consider any material the prisoner considers relevant to the submission.\n- (i) give the board a written submission about the making of the declaration; and\n- (ii) ask the board to consider any material the prisoner considers relevant to the submission.\n- (i) give the board a written submission about the making of the declaration; and\n- (ii) ask the board to consider any material the prisoner considers relevant to the submission.","sortOrder":270},{"sectionNumber":"sec.175O","sectionType":"section","heading":"Deciding if satisfactory cooperation","content":"### sec.175O Deciding if satisfactory cooperation\n\nIn deciding whether a no body-no parole prisoner has given satisfactory cooperation, the parole board—\nmust have regard to—\nthe commissioner’s report about the prisoner; and\nany information the board has about the prisoner’s capacity to give satisfactory cooperation; and\nany relevant remarks made by the court that sentenced the prisoner to the term of imprisonment the prisoner is serving for the homicide offence; and\nif the prisoner asks the board to consider a transcript of a proceeding against the prisoner for the homicide offence—the transcript; and\nmay have regard to other information the board considers relevant.\nIn this section—\ntranscript , of a proceeding, means a transcription of a record under the Recording of Evidence Act 1962 of the proceeding.\ns 175O ins 2021 No. 24 s 7\n(sec.175O-ssec.1) In deciding whether a no body-no parole prisoner has given satisfactory cooperation, the parole board— must have regard to— the commissioner’s report about the prisoner; and any information the board has about the prisoner’s capacity to give satisfactory cooperation; and any relevant remarks made by the court that sentenced the prisoner to the term of imprisonment the prisoner is serving for the homicide offence; and if the prisoner asks the board to consider a transcript of a proceeding against the prisoner for the homicide offence—the transcript; and may have regard to other information the board considers relevant.\n(sec.175O-ssec.2) In this section— transcript , of a proceeding, means a transcription of a record under the Recording of Evidence Act 1962 of the proceeding.\n- (a) must have regard to— (i) the commissioner’s report about the prisoner; and (ii) any information the board has about the prisoner’s capacity to give satisfactory cooperation; and (iii) any relevant remarks made by the court that sentenced the prisoner to the term of imprisonment the prisoner is serving for the homicide offence; and (iv) if the prisoner asks the board to consider a transcript of a proceeding against the prisoner for the homicide offence—the transcript; and\n- (i) the commissioner’s report about the prisoner; and\n- (ii) any information the board has about the prisoner’s capacity to give satisfactory cooperation; and\n- (iii) any relevant remarks made by the court that sentenced the prisoner to the term of imprisonment the prisoner is serving for the homicide offence; and\n- (iv) if the prisoner asks the board to consider a transcript of a proceeding against the prisoner for the homicide offence—the transcript; and\n- (b) may have regard to other information the board considers relevant.\n- (i) the commissioner’s report about the prisoner; and\n- (ii) any information the board has about the prisoner’s capacity to give satisfactory cooperation; and\n- (iii) any relevant remarks made by the court that sentenced the prisoner to the term of imprisonment the prisoner is serving for the homicide offence; and\n- (iv) if the prisoner asks the board to consider a transcript of a proceeding against the prisoner for the homicide offence—the transcript; and","sortOrder":271},{"sectionNumber":"sec.175P","sectionType":"section","heading":"If prisoner does not give satisfactory cooperation","content":"### sec.175P If prisoner does not give satisfactory cooperation\n\nThis section applies if the parole board makes a no cooperation declaration about a no body-no parole prisoner.\nThe no cooperation declaration must state—\nthe reasons the board is not satisfied the prisoner has given satisfactory cooperation; and\nthe day of the board’s decision; and\nthat the prisoner may not apply for parole under section 176 or 180 unless the prisoner is given a notice under section 175Q ; and\nthat the prisoner may, at any time, make a reconsideration application.\nThe parole board must, as soon a practicable after making the no cooperation declaration, give a copy of the declaration to—\nthe prisoner; and\nthe chief executive.\nIf the prisoner stops being a no body-no parole prisoner, the no cooperation declaration ends.\ns 175P ins 2021 No. 24 s 7\n(sec.175P-ssec.1) This section applies if the parole board makes a no cooperation declaration about a no body-no parole prisoner.\n(sec.175P-ssec.2) The no cooperation declaration must state— the reasons the board is not satisfied the prisoner has given satisfactory cooperation; and the day of the board’s decision; and that the prisoner may not apply for parole under section 176 or 180 unless the prisoner is given a notice under section 175Q ; and that the prisoner may, at any time, make a reconsideration application.\n(sec.175P-ssec.3) The parole board must, as soon a practicable after making the no cooperation declaration, give a copy of the declaration to— the prisoner; and the chief executive.\n(sec.175P-ssec.4) If the prisoner stops being a no body-no parole prisoner, the no cooperation declaration ends.\n- (a) the reasons the board is not satisfied the prisoner has given satisfactory cooperation; and\n- (b) the day of the board’s decision; and\n- (c) that the prisoner may not apply for parole under section 176 or 180 unless the prisoner is given a notice under section 175Q ; and\n- (d) that the prisoner may, at any time, make a reconsideration application.\n- (a) the prisoner; and\n- (b) the chief executive.","sortOrder":272},{"sectionNumber":"sec.175Q","sectionType":"section","heading":"If prisoner gives satisfactory cooperation","content":"### sec.175Q If prisoner gives satisfactory cooperation\n\nIf the parole board is satisfied a no body-no parole prisoner has given satisfactory cooperation, the parole board must give the prisoner and the chief executive a written notice, stating—\nthat the board is satisfied the prisoner has given the cooperation; and\nthe date of the decision; and\nif a no cooperation declaration is in force for the prisoner—that the declaration is ended; and\nthat the prisoner may apply for parole under—\nsection 176 ; or\nif eligible— section 180 .\ns 175Q ins 2021 No. 24 s 7\n- (a) that the board is satisfied the prisoner has given the cooperation; and\n- (b) the date of the decision; and\n- (c) if a no cooperation declaration is in force for the prisoner—that the declaration is ended; and\n- (d) that the prisoner may apply for parole under— (i) section 176 ; or (ii) if eligible— section 180 .\n- (i) section 176 ; or\n- (ii) if eligible— section 180 .\n- (i) section 176 ; or\n- (ii) if eligible— section 180 .","sortOrder":273},{"sectionNumber":"sec.175R","sectionType":"section","heading":"Prisoner may make reconsideration application","content":"### sec.175R Prisoner may make reconsideration application\n\nThis section applies if the parole board makes a no cooperation declaration about a no body-no parole prisoner.\nAt any time after the prisoner is given a copy of the no cooperation declaration made under section 175P , the prisoner may apply to the president or a deputy president (a reconsideration application ) asking the president or deputy president to call a meeting of the parole board to reconsider the board’s decision to make the no cooperation declaration.\nThe reconsideration application must be in the approved form.\nThe application may state—\nwhether the prisoner has given the police additional information; or\nwhether there has been a material change in the prisoner’s capacity to cooperate satisfactorily; or\nthe reasons the prisoner considers it is appropriate to grant the application.\nIn this section—\nadditional information , in relation to a no body-no parole prisoner, means information the prisoner has not previously given to the police in relation to the investigation of the homicide offence to identify the victim’s location.\ns 175R ins 2021 No. 24 s 7\n(sec.175R-ssec.1) This section applies if the parole board makes a no cooperation declaration about a no body-no parole prisoner.\n(sec.175R-ssec.2) At any time after the prisoner is given a copy of the no cooperation declaration made under section 175P , the prisoner may apply to the president or a deputy president (a reconsideration application ) asking the president or deputy president to call a meeting of the parole board to reconsider the board’s decision to make the no cooperation declaration.\n(sec.175R-ssec.3) The reconsideration application must be in the approved form.\n(sec.175R-ssec.4) The application may state— whether the prisoner has given the police additional information; or whether there has been a material change in the prisoner’s capacity to cooperate satisfactorily; or the reasons the prisoner considers it is appropriate to grant the application.\n(sec.175R-ssec.5) In this section— additional information , in relation to a no body-no parole prisoner, means information the prisoner has not previously given to the police in relation to the investigation of the homicide offence to identify the victim’s location.\n- (a) whether the prisoner has given the police additional information; or\n- (b) whether there has been a material change in the prisoner’s capacity to cooperate satisfactorily; or\n- (c) the reasons the prisoner considers it is appropriate to grant the application.","sortOrder":274},{"sectionNumber":"sec.175S","sectionType":"section","heading":"Deciding reconsideration application","content":"### sec.175S Deciding reconsideration application\n\nThis section applies if a no body-no parole prisoner makes a reconsideration application.\nThe president or deputy president must decide the application by granting or refusing it.\nThe president or deputy president may only grant the application if, after considering the application, the president or deputy president is satisfied—\nthe prisoner has given the police information that the parole board may consider to be additional information; or\nthere has been a change in the investigation of the homicide offence to identify the victim’s location to justify the parole board’s reconsideration; or\nThe president or deputy president is aware that another prisoner has provided information to identify the victim’s location.\nthere has been a material change in the prisoner’s capacity to cooperate; or\nfor another reason, it would be appropriate in the interests of justice for the board to reconsider the prisoner’s cooperation.\nIf the president or deputy president grants the reconsideration application, the president or deputy president must give a written notice to—\nthe prisoner; and\nthe parole board; and\nthe chief executive.\nThe notice given under subsection (4) to the prisoner must state that the parole board will reconsider the no cooperation declaration made about the prisoner.\nIf the president or deputy president refuses to grant the application, the president or deputy president must give the prisoner a written notice stating the prisoner’s reconsideration application is refused.\nIn this section—\nadditional information see section 175R (5) .\ns 175S ins 2021 No. 24 s 7\n(sec.175S-ssec.1) This section applies if a no body-no parole prisoner makes a reconsideration application.\n(sec.175S-ssec.2) The president or deputy president must decide the application by granting or refusing it.\n(sec.175S-ssec.3) The president or deputy president may only grant the application if, after considering the application, the president or deputy president is satisfied— the prisoner has given the police information that the parole board may consider to be additional information; or there has been a change in the investigation of the homicide offence to identify the victim’s location to justify the parole board’s reconsideration; or The president or deputy president is aware that another prisoner has provided information to identify the victim’s location. there has been a material change in the prisoner’s capacity to cooperate; or for another reason, it would be appropriate in the interests of justice for the board to reconsider the prisoner’s cooperation.\n(sec.175S-ssec.4) If the president or deputy president grants the reconsideration application, the president or deputy president must give a written notice to— the prisoner; and the parole board; and the chief executive.\n(sec.175S-ssec.5) The notice given under subsection (4) to the prisoner must state that the parole board will reconsider the no cooperation declaration made about the prisoner.\n(sec.175S-ssec.6) If the president or deputy president refuses to grant the application, the president or deputy president must give the prisoner a written notice stating the prisoner’s reconsideration application is refused.\n(sec.175S-ssec.7) In this section— additional information see section 175R (5) .\n- (a) the prisoner has given the police information that the parole board may consider to be additional information; or\n- (b) there has been a change in the investigation of the homicide offence to identify the victim’s location to justify the parole board’s reconsideration; or Example— The president or deputy president is aware that another prisoner has provided information to identify the victim’s location.\n- (c) there has been a material change in the prisoner’s capacity to cooperate; or\n- (d) for another reason, it would be appropriate in the interests of justice for the board to reconsider the prisoner’s cooperation.\n- (a) the prisoner; and\n- (b) the parole board; and\n- (c) the chief executive.","sortOrder":275},{"sectionNumber":"sec.175T","sectionType":"section","heading":"Discretion to call meeting to reconsider","content":"### sec.175T Discretion to call meeting to reconsider\n\nThe president or deputy president may, at any time after a no cooperation declaration is made about a prisoner, call a meeting of the parole board to reconsider the making of the declaration.\nWithout limiting subsection (1) , in deciding whether to call the meeting, the president or deputy president may have regard to any of the matters mentioned in section 175S (3) .\nIf the president or deputy president decides to call the meeting, the president or deputy president must give a written notice to—\nthe prisoner; and\nthe parole board; and\nthe chief executive.\nThe notice given under subsection (3) to the prisoner must state that the parole board will reconsider the no cooperation declaration made about the prisoner.\ns 175T ins 2021 No. 24 s 7\n(sec.175T-ssec.1) The president or deputy president may, at any time after a no cooperation declaration is made about a prisoner, call a meeting of the parole board to reconsider the making of the declaration.\n(sec.175T-ssec.2) Without limiting subsection (1) , in deciding whether to call the meeting, the president or deputy president may have regard to any of the matters mentioned in section 175S (3) .\n(sec.175T-ssec.3) If the president or deputy president decides to call the meeting, the president or deputy president must give a written notice to— the prisoner; and the parole board; and the chief executive.\n(sec.175T-ssec.4) The notice given under subsection (3) to the prisoner must state that the parole board will reconsider the no cooperation declaration made about the prisoner.\n- (a) the prisoner; and\n- (b) the parole board; and\n- (c) the chief executive.","sortOrder":276},{"sectionNumber":"sec.175U","sectionType":"section","heading":"If reconsideration application granted or meeting called","content":"### sec.175U If reconsideration application granted or meeting called\n\nAs soon as practicable after receiving a notice under section 175S (4) or 175T (3) , the board must meet and reconsider whether the prisoner has given satisfactory cooperation.\nIf the parole board decides the prisoner has given satisfactory cooperation, the board must give the prisoner a notice stating—\nthat the no cooperation declaration in force for the prisoner is ended; and\nthe prisoner may, subject to sections 176 and 180 , apply for a parole order.\nIf the parole board decides the prisoner has not given satisfactory cooperation, the board must give the prisoner a notice stating that the no cooperation declaration continues in force for the prisoner.\ns 175U ins 2021 No. 24 s 7\n(sec.175U-ssec.1) As soon as practicable after receiving a notice under section 175S (4) or 175T (3) , the board must meet and reconsider whether the prisoner has given satisfactory cooperation.\n(sec.175U-ssec.2) If the parole board decides the prisoner has given satisfactory cooperation, the board must give the prisoner a notice stating— that the no cooperation declaration in force for the prisoner is ended; and the prisoner may, subject to sections 176 and 180 , apply for a parole order.\n(sec.175U-ssec.3) If the parole board decides the prisoner has not given satisfactory cooperation, the board must give the prisoner a notice stating that the no cooperation declaration continues in force for the prisoner.\n- (a) that the no cooperation declaration in force for the prisoner is ended; and\n- (b) the prisoner may, subject to sections 176 and 180 , apply for a parole order.","sortOrder":277},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Parole orders","content":"# Parole orders","sortOrder":278},{"sectionNumber":"ch.5-pt.1-div.1","sectionType":"division","heading":"Application for parole order","content":"## Application for parole order","sortOrder":279},{"sectionNumber":"sec.176","sectionType":"section","heading":"Applying for an exceptional circumstances parole order","content":"### sec.176 Applying for an exceptional circumstances parole order\n\nSubject to sections 176B and 176C , a prisoner may apply for an exceptional circumstances parole order at any time.\nThe application must be made—\nin the approved form; and\nto the parole board.\ns 176 amd 2017 No. 15 s 24 sch 1 ; 2021 No. 24 s 8 ; 2023 No. 14 s 21\n(sec.176-ssec.1) Subject to sections 176B and 176C , a prisoner may apply for an exceptional circumstances parole order at any time.\n(sec.176-ssec.2) The application must be made— in the approved form; and to the parole board.\n- (a) in the approved form; and\n- (b) to the parole board.","sortOrder":280},{"sectionNumber":"sec.176A","sectionType":"section","heading":"Deciding applications made by restricted prisoner","content":"### sec.176A Deciding applications made by restricted prisoner\n\nThis section applies if a restricted prisoner applies for an exceptional circumstances parole order and a restricted prisoner declaration is in force for the prisoner.\nThe parole board must refuse to make the parole order unless the board is satisfied—\nthe prisoner, as a result of a diagnosed disease, illness or medical condition—\nis in imminent danger of dying and is not physically able to cause harm to another person; or\nis incapacitated to the extent the prisoner is not physically able to cause harm to another person; and\nthe prisoner has demonstrated that the prisoner does not pose an unacceptable risk to the public; and\nthat the making of the parole order is justified in the circumstances.\nIf the parole board grants the prisoner parole, the board must give the chief executive written notice of the board’s decision as soon as practicable after the decision is made.\ns 176A ins 2021 No. 24 s 9\n(sec.176A-ssec.1) This section applies if a restricted prisoner applies for an exceptional circumstances parole order and a restricted prisoner declaration is in force for the prisoner.\n(sec.176A-ssec.2) The parole board must refuse to make the parole order unless the board is satisfied— the prisoner, as a result of a diagnosed disease, illness or medical condition— is in imminent danger of dying and is not physically able to cause harm to another person; or is incapacitated to the extent the prisoner is not physically able to cause harm to another person; and the prisoner has demonstrated that the prisoner does not pose an unacceptable risk to the public; and that the making of the parole order is justified in the circumstances.\n(sec.176A-ssec.3) If the parole board grants the prisoner parole, the board must give the chief executive written notice of the board’s decision as soon as practicable after the decision is made.\n- (a) the prisoner, as a result of a diagnosed disease, illness or medical condition— (i) is in imminent danger of dying and is not physically able to cause harm to another person; or (ii) is incapacitated to the extent the prisoner is not physically able to cause harm to another person; and\n- (i) is in imminent danger of dying and is not physically able to cause harm to another person; or\n- (ii) is incapacitated to the extent the prisoner is not physically able to cause harm to another person; and\n- (b) the prisoner has demonstrated that the prisoner does not pose an unacceptable risk to the public; and\n- (c) that the making of the parole order is justified in the circumstances.\n- (i) is in imminent danger of dying and is not physically able to cause harm to another person; or\n- (ii) is incapacitated to the extent the prisoner is not physically able to cause harm to another person; and","sortOrder":281},{"sectionNumber":"sec.176B","sectionType":"section","heading":"Applications made by no body-no parole prisoner","content":"### sec.176B Applications made by no body-no parole prisoner\n\nA no body-no parole prisoner may not apply for exceptional circumstances parole if a no cooperation declaration is in force for the prisoner.\ns 176B ins 2021 No. 24 s 9","sortOrder":282},{"sectionNumber":"sec.176C","sectionType":"section","heading":"Applications made by prisoners on remand","content":"### sec.176C Applications made by prisoners on remand\n\nA prisoner who is detained on remand for an offence may not apply for exceptional circumstances parole.\ns 176C ins 2023 No. 14 s 22","sortOrder":283},{"sectionNumber":"sec.177","sectionType":"section","heading":null,"content":"### Section sec.177\n\ns 177 om 2024 No. 33 s 2B","sortOrder":284},{"sectionNumber":"sec.178","sectionType":"section","heading":"Definitions for sdiv 2","content":"### sec.178 Definitions for sdiv 2\n\nIn this subdivision—\nparole order means a parole order other than—\nan exceptional circumstances parole order; and\na court ordered parole order.\nprescribed offence see the Penalties and Sentences Act 1992 , section 161N .\ns 178 def prescribed offence ins 2016 No. 62 s 17 (2)\nrelevant further period , in relation to a prisoner serving a term of imprisonment imposed under the Penalties and Sentences Act 1992 , section 161R (2) , means the period of the mandatory component of the sentence imposed on the prisoner under that section.\ns 178 def relevant further period ins 2016 No. 62 s 17 (2)\ns 178 amd 2016 No. 62 s 17 (1)\n- (a) an exceptional circumstances parole order; and\n- (b) a court ordered parole order.","sortOrder":285},{"sectionNumber":"sec.179","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.179 Application of sdiv 2\n\nThis subdivision applies to the following prisoners—\na prisoner who has been sentenced before the commencement of this section (the commencement )—\nfor an offence committed before 1 July 2001—to a period of imprisonment of any length; or\nfor an offence committed on or after 1 July 2001—to a period of imprisonment of more than 2 years;\na prisoner who has been sentenced after the commencement for an offence, whenever committed—\nto a period of imprisonment of more than 3 years; or\nto a period of imprisonment of not more than 3 years, if the period includes a term of imprisonment for a serious violent offence or a sexual offence;\na prisoner the subject of a court ordered parole order that has been cancelled under this Act.\nThis subdivision does not apply to—\na prisoner—\nbeing detained on remand for an offence; or\nimprisoned for an indefinite period for contempt; or\nsubject to an indefinite sentence under the Penalties and Sentences Act 1992 , part 10 ; or\na prisoner who has not reached the prisoner’s parole eligibility date; or\na prisoner who is detained in custody under an order under the Dangerous Prisoners (Sexual Offenders) Act 2003 .\n(sec.179-ssec.1) This subdivision applies to the following prisoners— a prisoner who has been sentenced before the commencement of this section (the commencement )— for an offence committed before 1 July 2001—to a period of imprisonment of any length; or for an offence committed on or after 1 July 2001—to a period of imprisonment of more than 2 years; a prisoner who has been sentenced after the commencement for an offence, whenever committed— to a period of imprisonment of more than 3 years; or to a period of imprisonment of not more than 3 years, if the period includes a term of imprisonment for a serious violent offence or a sexual offence; a prisoner the subject of a court ordered parole order that has been cancelled under this Act.\n(sec.179-ssec.2) This subdivision does not apply to— a prisoner— being detained on remand for an offence; or imprisoned for an indefinite period for contempt; or subject to an indefinite sentence under the Penalties and Sentences Act 1992 , part 10 ; or a prisoner who has not reached the prisoner’s parole eligibility date; or a prisoner who is detained in custody under an order under the Dangerous Prisoners (Sexual Offenders) Act 2003 .\n- (a) a prisoner who has been sentenced before the commencement of this section (the commencement )— (i) for an offence committed before 1 July 2001—to a period of imprisonment of any length; or (ii) for an offence committed on or after 1 July 2001—to a period of imprisonment of more than 2 years;\n- (i) for an offence committed before 1 July 2001—to a period of imprisonment of any length; or\n- (ii) for an offence committed on or after 1 July 2001—to a period of imprisonment of more than 2 years;\n- (b) a prisoner who has been sentenced after the commencement for an offence, whenever committed— (i) to a period of imprisonment of more than 3 years; or (ii) to a period of imprisonment of not more than 3 years, if the period includes a term of imprisonment for a serious violent offence or a sexual offence;\n- (i) to a period of imprisonment of more than 3 years; or\n- (ii) to a period of imprisonment of not more than 3 years, if the period includes a term of imprisonment for a serious violent offence or a sexual offence;\n- (c) a prisoner the subject of a court ordered parole order that has been cancelled under this Act.\n- (i) for an offence committed before 1 July 2001—to a period of imprisonment of any length; or\n- (ii) for an offence committed on or after 1 July 2001—to a period of imprisonment of more than 2 years;\n- (i) to a period of imprisonment of more than 3 years; or\n- (ii) to a period of imprisonment of not more than 3 years, if the period includes a term of imprisonment for a serious violent offence or a sexual offence;\n- (a) a prisoner— (i) being detained on remand for an offence; or (ii) imprisoned for an indefinite period for contempt; or (iii) subject to an indefinite sentence under the Penalties and Sentences Act 1992 , part 10 ; or\n- (i) being detained on remand for an offence; or\n- (ii) imprisoned for an indefinite period for contempt; or\n- (iii) subject to an indefinite sentence under the Penalties and Sentences Act 1992 , part 10 ; or\n- (b) a prisoner who has not reached the prisoner’s parole eligibility date; or\n- (c) a prisoner who is detained in custody under an order under the Dangerous Prisoners (Sexual Offenders) Act 2003 .\n- (i) being detained on remand for an offence; or\n- (ii) imprisoned for an indefinite period for contempt; or\n- (iii) subject to an indefinite sentence under the Penalties and Sentences Act 1992 , part 10 ; or","sortOrder":286},{"sectionNumber":"sec.180","sectionType":"section","heading":"Applying for parole order etc.","content":"### sec.180 Applying for parole order etc.\n\nA prisoner may apply for a parole order if the prisoner has reached the prisoner’s parole eligibility date in relation to the prisoner’s period of imprisonment.\nHowever, a prisoner can not apply for a parole order—\nif a previous application for a parole order made in relation to the period of imprisonment was refused—\nuntil the end of the period decided under section 193 (6) (b) ; or\nunless the parole board consents; or\nif an appeal has been made to a court against the conviction or sentence to which the period of imprisonment relates—until the appeal is decided; or\nif the prisoner is a restricted prisoner and a restricted prisoner declaration is in force for the prisoner; or\nif the prisoner is a no body-no parole prisoner and a no cooperation declaration is in force for the prisoner; or\notherwise—more than 180 days before the prisoner’s parole eligibility date.\nThe application must be made—\nin the approved form; and\nto the parole board.\ns 180 amd 2009 No. 30 s 23 ; 2017 No. 15 s 24 sch 1 ; 2021 No. 24 s 10 ; 2024 No. 24 s 57 s ch 1 pt 1 ; 2024 No. 33 s 2C\n(sec.180-ssec.1) A prisoner may apply for a parole order if the prisoner has reached the prisoner’s parole eligibility date in relation to the prisoner’s period of imprisonment.\n(sec.180-ssec.2) However, a prisoner can not apply for a parole order— if a previous application for a parole order made in relation to the period of imprisonment was refused— until the end of the period decided under section 193 (6) (b) ; or unless the parole board consents; or if an appeal has been made to a court against the conviction or sentence to which the period of imprisonment relates—until the appeal is decided; or if the prisoner is a restricted prisoner and a restricted prisoner declaration is in force for the prisoner; or if the prisoner is a no body-no parole prisoner and a no cooperation declaration is in force for the prisoner; or otherwise—more than 180 days before the prisoner’s parole eligibility date.\n(sec.180-ssec.3) The application must be made— in the approved form; and to the parole board.\n- (a) if a previous application for a parole order made in relation to the period of imprisonment was refused— (i) until the end of the period decided under section 193 (6) (b) ; or (ii) unless the parole board consents; or\n- (i) until the end of the period decided under section 193 (6) (b) ; or\n- (ii) unless the parole board consents; or\n- (b) if an appeal has been made to a court against the conviction or sentence to which the period of imprisonment relates—until the appeal is decided; or\n- (c) if the prisoner is a restricted prisoner and a restricted prisoner declaration is in force for the prisoner; or\n- (d) if the prisoner is a no body-no parole prisoner and a no cooperation declaration is in force for the prisoner; or\n- (e) otherwise—more than 180 days before the prisoner’s parole eligibility date.\n- (i) until the end of the period decided under section 193 (6) (b) ; or\n- (ii) unless the parole board consents; or\n- (a) in the approved form; and\n- (b) to the parole board.","sortOrder":287},{"sectionNumber":"sec.181","sectionType":"section","heading":"Parole eligibility date for prisoner serving term of imprisonment for life","content":"### sec.181 Parole eligibility date for prisoner serving term of imprisonment for life\n\nThis section applies to a prisoner who is serving a term of imprisonment for life.\nThe prisoner’s parole eligibility date is the day after the day on which the prisoner has served the following period of time—\nif the Criminal Code , section 305 (2) applied on sentence—30 years or the longer time ordered under that section;\nif the Criminal Code , section 305 (4) applied on sentence—25 years or the longer time ordered under that section;\nif the prisoner is serving a term of imprisonment for life for an offence of murder and paragraphs (a) and (b) do not apply—20 years;\notherwise—15 years.\nHowever, if the term of imprisonment for life was imposed as the base component of a sentence under the Penalties and Sentences Act 1992 , section 161R (2) , the prisoner’s parole eligibility date is the day that is worked out by adding 7 years to the parole eligibility date that would otherwise apply to the prisoner under subsection (2) .\nAlso, if a prisoner who is serving a term of imprisonment for life is sentenced under the Penalties and Sentences Act 1992 , section 161R (2) for a prescribed offence, the prisoner’s parole eligibility date is the day that is worked out by adding, to the parole eligibility date that would otherwise apply to the prisoner under subsection (2) or (2A) , the lesser of the following periods—\n7 years;\nthe period of imprisonment provided for under the maximum penalty for the prescribed offence.\nDespite subsections (2) , (2A) and (2B) , if a later parole eligibility date is fixed for the period of imprisonment under the Penalties and Sentences Act 1992 , part 9 , division 3 , the prisoner’s parole eligibility date is the later date fixed under that division.\ns 181 amd 2012 No. 19 s 7 ; 2016 No. 62 s 18\n(sec.181-ssec.1) This section applies to a prisoner who is serving a term of imprisonment for life.\n(sec.181-ssec.2) The prisoner’s parole eligibility date is the day after the day on which the prisoner has served the following period of time— if the Criminal Code , section 305 (2) applied on sentence—30 years or the longer time ordered under that section; if the Criminal Code , section 305 (4) applied on sentence—25 years or the longer time ordered under that section; if the prisoner is serving a term of imprisonment for life for an offence of murder and paragraphs (a) and (b) do not apply—20 years; otherwise—15 years.\n(sec.181-ssec.2A) However, if the term of imprisonment for life was imposed as the base component of a sentence under the Penalties and Sentences Act 1992 , section 161R (2) , the prisoner’s parole eligibility date is the day that is worked out by adding 7 years to the parole eligibility date that would otherwise apply to the prisoner under subsection (2) .\n(sec.181-ssec.2B) Also, if a prisoner who is serving a term of imprisonment for life is sentenced under the Penalties and Sentences Act 1992 , section 161R (2) for a prescribed offence, the prisoner’s parole eligibility date is the day that is worked out by adding, to the parole eligibility date that would otherwise apply to the prisoner under subsection (2) or (2A) , the lesser of the following periods— 7 years; the period of imprisonment provided for under the maximum penalty for the prescribed offence.\n(sec.181-ssec.3) Despite subsections (2) , (2A) and (2B) , if a later parole eligibility date is fixed for the period of imprisonment under the Penalties and Sentences Act 1992 , part 9 , division 3 , the prisoner’s parole eligibility date is the later date fixed under that division.\n- (a) if the Criminal Code , section 305 (2) applied on sentence—30 years or the longer time ordered under that section;\n- (b) if the Criminal Code , section 305 (4) applied on sentence—25 years or the longer time ordered under that section;\n- (c) if the prisoner is serving a term of imprisonment for life for an offence of murder and paragraphs (a) and (b) do not apply—20 years;\n- (d) otherwise—15 years.\n- (a) 7 years;\n- (b) the period of imprisonment provided for under the maximum penalty for the prescribed offence.","sortOrder":288},{"sectionNumber":"sec.181A","sectionType":"section","heading":"Parole eligibility date for prisoner serving term of imprisonment for life for a repeat serious child sex offence","content":"### sec.181A Parole eligibility date for prisoner serving term of imprisonment for life for a repeat serious child sex offence\n\nThis section applies to a prisoner who is serving a term of imprisonment for life under the Penalties and Sentences Act 1992 , section 161E for a repeat serious child sex offence.\nThe prisoner’s parole eligibility date is the day after the day on which the prisoner has served 20 years and not 15 years as prescribed under section 181 .\nHowever, if the term of imprisonment for life under the Penalties and Sentences Act 1992 , section 161E was imposed as the base component of a sentence under section 161R (2) of that Act, the prisoner’s parole eligibility date is the day that is worked out by adding 7 years to the parole eligibility date that would otherwise apply to the prisoner under subsection (2) .\nAlso, if a prisoner who is serving a term of imprisonment for life under the Penalties and Sentences Act 1992 , section 161E is sentenced under section 161R (2) of that Act for a prescribed offence, the prisoner’s parole eligibility date is the day that is worked out by adding, to the parole eligibility date that would otherwise apply to the prisoner under subsection (2) or (3) , the lesser of the following periods—\n7 years;\nthe period of imprisonment provided for under the maximum penalty for the prescribed offence.\ns 181A ins 2012 No. 14 s 3\namd 2016 No. 62 s 19\n(sec.181A-ssec.1) This section applies to a prisoner who is serving a term of imprisonment for life under the Penalties and Sentences Act 1992 , section 161E for a repeat serious child sex offence.\n(sec.181A-ssec.2) The prisoner’s parole eligibility date is the day after the day on which the prisoner has served 20 years and not 15 years as prescribed under section 181 .\n(sec.181A-ssec.3) However, if the term of imprisonment for life under the Penalties and Sentences Act 1992 , section 161E was imposed as the base component of a sentence under section 161R (2) of that Act, the prisoner’s parole eligibility date is the day that is worked out by adding 7 years to the parole eligibility date that would otherwise apply to the prisoner under subsection (2) .\n(sec.181A-ssec.4) Also, if a prisoner who is serving a term of imprisonment for life under the Penalties and Sentences Act 1992 , section 161E is sentenced under section 161R (2) of that Act for a prescribed offence, the prisoner’s parole eligibility date is the day that is worked out by adding, to the parole eligibility date that would otherwise apply to the prisoner under subsection (2) or (3) , the lesser of the following periods— 7 years; the period of imprisonment provided for under the maximum penalty for the prescribed offence.\n- (a) 7 years;\n- (b) the period of imprisonment provided for under the maximum penalty for the prescribed offence.","sortOrder":289},{"sectionNumber":"sec.182","sectionType":"section","heading":"Parole eligibility date for serious violent offender","content":"### sec.182 Parole eligibility date for serious violent offender\n\nThis section applies to a prisoner who is serving a term of imprisonment for a serious violent offence.\nThe prisoner’s parole eligibility date is the day after the day on which the prisoner has served the lesser of—\n80% of the prisoner’s term of imprisonment for the serious violent offence; or\n15 years.\nHowever, if the term of imprisonment for the serious violent offence was imposed under the Penalties and Sentences Act 1992 , section 161R (2) , the prisoner’s parole eligibility date is the day that is worked out by adding the relevant further period to the notional parole eligibility date fixed for the prisoner under subsection (2B) .\nThe notional parole eligibility date is the day that would apply under subsection (2) if the term of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) consisted only of the base component of the sentence imposed under that section.\nDespite subsections (2) and (2A) , if a later parole eligibility date is fixed for the period of imprisonment under the Penalties and Sentences Act 1992 , part 9 , division 3 , the prisoner’s parole eligibility date is the later date fixed under that division.\nThis section is subject to section 185 .\ns 182 amd 2016 No. 62 s 20\n(sec.182-ssec.1) This section applies to a prisoner who is serving a term of imprisonment for a serious violent offence.\n(sec.182-ssec.2) The prisoner’s parole eligibility date is the day after the day on which the prisoner has served the lesser of— 80% of the prisoner’s term of imprisonment for the serious violent offence; or 15 years.\n(sec.182-ssec.2A) However, if the term of imprisonment for the serious violent offence was imposed under the Penalties and Sentences Act 1992 , section 161R (2) , the prisoner’s parole eligibility date is the day that is worked out by adding the relevant further period to the notional parole eligibility date fixed for the prisoner under subsection (2B) .\n(sec.182-ssec.2B) The notional parole eligibility date is the day that would apply under subsection (2) if the term of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) consisted only of the base component of the sentence imposed under that section.\n(sec.182-ssec.3) Despite subsections (2) and (2A) , if a later parole eligibility date is fixed for the period of imprisonment under the Penalties and Sentences Act 1992 , part 9 , division 3 , the prisoner’s parole eligibility date is the later date fixed under that division.\n(sec.182-ssec.4) This section is subject to section 185 .\n- (a) 80% of the prisoner’s term of imprisonment for the serious violent offence; or\n- (b) 15 years.","sortOrder":290},{"sectionNumber":"sec.182A","sectionType":"section","heading":"Parole eligibility date for prisoner serving term of imprisonment for other particular serious offences","content":"### sec.182A Parole eligibility date for prisoner serving term of imprisonment for other particular serious offences\n\nThis section applies to a prisoner who—\nis serving a term of imprisonment for a drug trafficking offence; and\nwas sentenced for the offence under the Drugs Misuse Act 1986 , section 5 (2) as in force before the commencement of the Serious and Organised Crime Legislation Amendment Act 2016 , section 164 .\nAlso, this section applies to a prisoner who is serving a term of imprisonment, other than a term of imprisonment for life, for an offence against the Criminal Code , section 314A .\nThe prisoner’s parole eligibility date is the day after the day on which the prisoner has served—\nif the prisoner is serving a term of imprisonment for a drug trafficking offence—80% of the term; or\nif the prisoner is serving a term of imprisonment for an offence against the Criminal Code , section 314A —the lesser of the following—\n80% of the term;\n15 years.\nHowever, if the term of imprisonment for the offence against the Criminal Code , section 314A was imposed under the Penalties and Sentences Act 1992 , section 161R (2) , the prisoner’s parole eligibility date is the day that is worked out by adding the relevant further period to the notional parole eligibility date fixed for the prisoner under subsection (3B) .\nThe notional parole eligibility date is the day that would apply under subsection (3) if the term of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) consisted only of the base component of the sentence imposed under that section.\nDespite subsections (3) and (3A) , if a later parole eligibility date is fixed for the period of imprisonment under the Penalties and Sentences Act 1992 , part 9 , division 3 , the prisoner’s parole eligibility date is the later date fixed under that division.\nThis section is subject to section 185 .\ns 182A ins 2013 No. 31 s 7\nsub 2014 No. 42 s 9\namd 2016 No. 62 s 21\n(sec.182A-ssec.1) This section applies to a prisoner who— is serving a term of imprisonment for a drug trafficking offence; and was sentenced for the offence under the Drugs Misuse Act 1986 , section 5 (2) as in force before the commencement of the Serious and Organised Crime Legislation Amendment Act 2016 , section 164 .\n(sec.182A-ssec.2) Also, this section applies to a prisoner who is serving a term of imprisonment, other than a term of imprisonment for life, for an offence against the Criminal Code , section 314A .\n(sec.182A-ssec.3) The prisoner’s parole eligibility date is the day after the day on which the prisoner has served— if the prisoner is serving a term of imprisonment for a drug trafficking offence—80% of the term; or if the prisoner is serving a term of imprisonment for an offence against the Criminal Code , section 314A —the lesser of the following— 80% of the term; 15 years.\n(sec.182A-ssec.3A) However, if the term of imprisonment for the offence against the Criminal Code , section 314A was imposed under the Penalties and Sentences Act 1992 , section 161R (2) , the prisoner’s parole eligibility date is the day that is worked out by adding the relevant further period to the notional parole eligibility date fixed for the prisoner under subsection (3B) .\n(sec.182A-ssec.3B) The notional parole eligibility date is the day that would apply under subsection (3) if the term of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) consisted only of the base component of the sentence imposed under that section.\n(sec.182A-ssec.4) Despite subsections (3) and (3A) , if a later parole eligibility date is fixed for the period of imprisonment under the Penalties and Sentences Act 1992 , part 9 , division 3 , the prisoner’s parole eligibility date is the later date fixed under that division.\n(sec.182A-ssec.5) This section is subject to section 185 .\n- (a) is serving a term of imprisonment for a drug trafficking offence; and\n- (b) was sentenced for the offence under the Drugs Misuse Act 1986 , section 5 (2) as in force before the commencement of the Serious and Organised Crime Legislation Amendment Act 2016 , section 164 .\n- (a) if the prisoner is serving a term of imprisonment for a drug trafficking offence—80% of the term; or\n- (b) if the prisoner is serving a term of imprisonment for an offence against the Criminal Code , section 314A —the lesser of the following— (i) 80% of the term; (ii) 15 years.\n- (i) 80% of the term;\n- (ii) 15 years.\n- (i) 80% of the term;\n- (ii) 15 years.","sortOrder":291},{"sectionNumber":"sec.183","sectionType":"section","heading":"Parole eligibility date for prisoner detained for a period directed by a judge under Criminal Law Amendment Act 1945 , pt 3","content":"### sec.183 Parole eligibility date for prisoner detained for a period directed by a judge under Criminal Law Amendment Act 1945 , pt 3\n\nThis section applies to a prisoner who is being detained, for an offence, in an institution for a period as directed by a judge under the Criminal Law Amendment Act 1945 , part 3 .\nThe prisoner’s parole eligibility date is the day after the day on which the prisoner has been detained for half the fixed period.\nHowever, subsection (2B) applies if—\nthe offence for which the prisoner is being detained is a prescribed offence committed with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q ; and\nthe prisoner has been sentenced for the offence under section 161R (2) of that Act.\nThe prisoner’s parole eligibility date is the day that is worked out by adding the relevant further period to the parole eligibility date that would otherwise apply to the prisoner under subsection (2) .\nDespite subsections (2) and (2B) , if a later parole eligibility date is fixed for the prisoner under the Penalties and Sentences Act 1992 , part 9 , division 3 , the prisoner’s parole eligibility date is the later date fixed under that division.\nThis section is subject to section 185 .\ns 183 amd 2016 No. 62 s 22\n(sec.183-ssec.1) This section applies to a prisoner who is being detained, for an offence, in an institution for a period as directed by a judge under the Criminal Law Amendment Act 1945 , part 3 .\n(sec.183-ssec.2) The prisoner’s parole eligibility date is the day after the day on which the prisoner has been detained for half the fixed period.\n(sec.183-ssec.2A) However, subsection (2B) applies if— the offence for which the prisoner is being detained is a prescribed offence committed with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q ; and the prisoner has been sentenced for the offence under section 161R (2) of that Act.\n(sec.183-ssec.2B) The prisoner’s parole eligibility date is the day that is worked out by adding the relevant further period to the parole eligibility date that would otherwise apply to the prisoner under subsection (2) .\n(sec.183-ssec.3) Despite subsections (2) and (2B) , if a later parole eligibility date is fixed for the prisoner under the Penalties and Sentences Act 1992 , part 9 , division 3 , the prisoner’s parole eligibility date is the later date fixed under that division.\n(sec.183-ssec.4) This section is subject to section 185 .\n- (a) the offence for which the prisoner is being detained is a prescribed offence committed with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q ; and\n- (b) the prisoner has been sentenced for the offence under section 161R (2) of that Act.","sortOrder":292},{"sectionNumber":"sec.184","sectionType":"section","heading":"Parole eligibility date for other prisoners","content":"### sec.184 Parole eligibility date for other prisoners\n\nThis section applies to a prisoner who—\nhas been sentenced for an offence—\nbefore the commencement—to a period of imprisonment of more than 2 years or, if the offence was committed before 1 July 2001, to a period of imprisonment of any length; or\nafter the commencement—to a period of imprisonment of more than 3 years (excluding the mandatory component of any sentence of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) ); or\nis serving a period of imprisonment of not more than 3 years for an offence (excluding the mandatory component of any sentence of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) ), if the period includes a term of imprisonment for a sexual offence; or\nis serving a period of imprisonment ordered to be served under the Penalties and Sentences Act 1992 , section 147 (1) (b) or (c) ; or\nwas the subject of a court ordered parole order that has been cancelled under this Act.\nThe prisoner’s parole eligibility date is the day after the day on which the prisoner has served half the period of imprisonment to which the prisoner has been sentenced, despite any grant of remission.\nHowever—\nif an earlier or later parole eligibility date is fixed for the prisoner under the Penalties and Sentences Act 1992 , part 9 , division 3 , the prisoner’s parole eligibility date is the date fixed under that division; or\nif paragraph (a) does not apply and the prisoner is a prisoner mentioned in subsection (1) (d) , the prisoner’s parole eligibility date is the date that was fixed for the prisoner’s release under that parole order.\nDespite subsections (2) and (3) (a) , if the prisoner has been sentenced for the offence under the Penalties and Sentences Act 1992 , section 161R (2) , the prisoner’s parole eligibility date is the day that is worked out by adding the relevant further period to the notional parole eligibility date fixed for the prisoner under subsection (3B) .\nThe notional parole eligibility date is the day that would apply under subsection (2) or (3) (a) if the term of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) consisted only of the base component of the sentence imposed under that section.\nThis section is subject to section 185 .\nIn this section—\ncommencement means the commencement of this section.\noffence , in relation to a prisoner, does not include the following offences—\nan offence for which the prisoner has been sentenced to life imprisonment;\na serious violent offence;\nan offence for which the prisoner is being detained in an institution for a period fixed by a judge under the Criminal Law Amendment Act 1945 , part 3 ;\nan offence to which section 182A applies.\ns 184 amd 2013 No. 35 s 42B ; 2014 No. 42 s 10 ; 2016 No. 62 s 23\n(sec.184-ssec.1) This section applies to a prisoner who— has been sentenced for an offence— before the commencement—to a period of imprisonment of more than 2 years or, if the offence was committed before 1 July 2001, to a period of imprisonment of any length; or after the commencement—to a period of imprisonment of more than 3 years (excluding the mandatory component of any sentence of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) ); or is serving a period of imprisonment of not more than 3 years for an offence (excluding the mandatory component of any sentence of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) ), if the period includes a term of imprisonment for a sexual offence; or is serving a period of imprisonment ordered to be served under the Penalties and Sentences Act 1992 , section 147 (1) (b) or (c) ; or was the subject of a court ordered parole order that has been cancelled under this Act.\n(sec.184-ssec.2) The prisoner’s parole eligibility date is the day after the day on which the prisoner has served half the period of imprisonment to which the prisoner has been sentenced, despite any grant of remission.\n(sec.184-ssec.3) However— if an earlier or later parole eligibility date is fixed for the prisoner under the Penalties and Sentences Act 1992 , part 9 , division 3 , the prisoner’s parole eligibility date is the date fixed under that division; or if paragraph (a) does not apply and the prisoner is a prisoner mentioned in subsection (1) (d) , the prisoner’s parole eligibility date is the date that was fixed for the prisoner’s release under that parole order.\n(sec.184-ssec.3A) Despite subsections (2) and (3) (a) , if the prisoner has been sentenced for the offence under the Penalties and Sentences Act 1992 , section 161R (2) , the prisoner’s parole eligibility date is the day that is worked out by adding the relevant further period to the notional parole eligibility date fixed for the prisoner under subsection (3B) .\n(sec.184-ssec.3B) The notional parole eligibility date is the day that would apply under subsection (2) or (3) (a) if the term of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) consisted only of the base component of the sentence imposed under that section.\n(sec.184-ssec.4) This section is subject to section 185 .\n(sec.184-ssec.5) In this section— commencement means the commencement of this section. offence , in relation to a prisoner, does not include the following offences— an offence for which the prisoner has been sentenced to life imprisonment; a serious violent offence; an offence for which the prisoner is being detained in an institution for a period fixed by a judge under the Criminal Law Amendment Act 1945 , part 3 ; an offence to which section 182A applies.\n- (a) has been sentenced for an offence— (i) before the commencement—to a period of imprisonment of more than 2 years or, if the offence was committed before 1 July 2001, to a period of imprisonment of any length; or (ii) after the commencement—to a period of imprisonment of more than 3 years (excluding the mandatory component of any sentence of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) ); or\n- (i) before the commencement—to a period of imprisonment of more than 2 years or, if the offence was committed before 1 July 2001, to a period of imprisonment of any length; or\n- (ii) after the commencement—to a period of imprisonment of more than 3 years (excluding the mandatory component of any sentence of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) ); or\n- (b) is serving a period of imprisonment of not more than 3 years for an offence (excluding the mandatory component of any sentence of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) ), if the period includes a term of imprisonment for a sexual offence; or\n- (c) is serving a period of imprisonment ordered to be served under the Penalties and Sentences Act 1992 , section 147 (1) (b) or (c) ; or\n- (d) was the subject of a court ordered parole order that has been cancelled under this Act.\n- (i) before the commencement—to a period of imprisonment of more than 2 years or, if the offence was committed before 1 July 2001, to a period of imprisonment of any length; or\n- (ii) after the commencement—to a period of imprisonment of more than 3 years (excluding the mandatory component of any sentence of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) ); or\n- (a) if an earlier or later parole eligibility date is fixed for the prisoner under the Penalties and Sentences Act 1992 , part 9 , division 3 , the prisoner’s parole eligibility date is the date fixed under that division; or\n- (b) if paragraph (a) does not apply and the prisoner is a prisoner mentioned in subsection (1) (d) , the prisoner’s parole eligibility date is the date that was fixed for the prisoner’s release under that parole order.\n- (a) an offence for which the prisoner has been sentenced to life imprisonment;\n- (b) a serious violent offence;\n- (c) an offence for which the prisoner is being detained in an institution for a period fixed by a judge under the Criminal Law Amendment Act 1945 , part 3 ;\n- (d) an offence to which section 182A applies.","sortOrder":293},{"sectionNumber":"sec.185","sectionType":"section","heading":"Parole eligibility date for prisoner serving terms of imprisonment in particular circumstances","content":"### sec.185 Parole eligibility date for prisoner serving terms of imprisonment in particular circumstances\n\nThis section applies if, apart from this section, more than 1 of sections 182 , 182A , 183 and 184 would apply to a prisoner.\nIf the imprisonment mentioned in the sections is to be served concurrently, the prisoner’s parole eligibility date for the prisoner’s period of imprisonment is the day after the day on which the prisoner has served the longer of the periods calculated under the sections.\nA prisoner is serving a term of 8 years imprisonment for a serious violent offence concurrently with a term of 5 years imprisonment for an offence that is not a serious violent offence. The prisoner’s parole eligibility date is the day after the day on which the prisoner has served the period of 6.4 years (being the period that is 80% of 8 years, and being longer than the period that is one-half of 5 years).\nIf any of the imprisonment mentioned in the sections is to be served cumulatively with imprisonment mentioned in another of the sections, the prisoner’s parole eligibility date for the prisoner’s period of imprisonment is the date mentioned in subsection (4) calculated after applying the following rules—\nRule 1 —\nConsider first each term of imprisonment ( concurrent term ) that is not cumulative on another term of imprisonment and calculate the period the prisoner must serve for the concurrent term by applying whichever of sections 182 , 182A , 183 or 184 apply. For these rules, the prisoner’s notional parole date is the day the period, or the longest of the periods, so calculated ends.\nRule 2 —\nNext, consider each term of imprisonment ( cumulative term ) that is cumulative on another term of imprisonment and calculate the period the prisoner must serve for each cumulative term by applying whichever of sections 182 , 182A , 183 or 184 apply.\nRule 3 —\nNext, add the period the prisoner must serve for a cumulative term to the period the prisoner must serve for the term of imprisonment the cumulative term is cumulative on (the additional eligibility period ).\nThe prisoner’s parole eligibility date for the prisoner’s period of imprisonment is the day after the later of the following dates—\nthe notional parole date\nthe latest date the additional eligibility periods end.\nA prisoner is serving a period of 13 years imprisonment, comprising a term of 8 years imprisonment for a serious violent offence and a term of 5 years imprisonment for an offence that is not a serious violent offence which was ordered to be served cumulatively with the term of imprisonment for the serious violent offence. Applying rule 1 , the prisoner’s notional parole date is the day after the period of 6.4 years the prisoner must serve before reaching the prisoner’s parole eligibility date for the serious violent offence under section 182 . Rule 2 is then applied. The period the prisoner must serve before reaching the prisoner’s parole eligibility date for the second offence is 2.5 years under section 184 . Rule 3 requires the periods of 6.4 years and 2.5 years to be added together. In this example, the prisoner’s parole eligibility date is the day after the day on which the prisoner has served the period of 8.9 years.\nIn this section—\nperiod of imprisonment , a prisoner must serve, means a period of imprisonment the prisoner must serve before reaching the prisoner’s parole eligibility date for the prisoner’s period of imprisonment.\ns 185 amd 2013 No. 31 s 8\n(sec.185-ssec.1) This section applies if, apart from this section, more than 1 of sections 182 , 182A , 183 and 184 would apply to a prisoner.\n(sec.185-ssec.2) If the imprisonment mentioned in the sections is to be served concurrently, the prisoner’s parole eligibility date for the prisoner’s period of imprisonment is the day after the day on which the prisoner has served the longer of the periods calculated under the sections. A prisoner is serving a term of 8 years imprisonment for a serious violent offence concurrently with a term of 5 years imprisonment for an offence that is not a serious violent offence. The prisoner’s parole eligibility date is the day after the day on which the prisoner has served the period of 6.4 years (being the period that is 80% of 8 years, and being longer than the period that is one-half of 5 years).\n(sec.185-ssec.3) If any of the imprisonment mentioned in the sections is to be served cumulatively with imprisonment mentioned in another of the sections, the prisoner’s parole eligibility date for the prisoner’s period of imprisonment is the date mentioned in subsection (4) calculated after applying the following rules— Rule 1 — Consider first each term of imprisonment ( concurrent term ) that is not cumulative on another term of imprisonment and calculate the period the prisoner must serve for the concurrent term by applying whichever of sections 182 , 182A , 183 or 184 apply. For these rules, the prisoner’s notional parole date is the day the period, or the longest of the periods, so calculated ends. Rule 2 — Next, consider each term of imprisonment ( cumulative term ) that is cumulative on another term of imprisonment and calculate the period the prisoner must serve for each cumulative term by applying whichever of sections 182 , 182A , 183 or 184 apply. Rule 3 — Next, add the period the prisoner must serve for a cumulative term to the period the prisoner must serve for the term of imprisonment the cumulative term is cumulative on (the additional eligibility period ).\n(sec.185-ssec.4) The prisoner’s parole eligibility date for the prisoner’s period of imprisonment is the day after the later of the following dates— the notional parole date the latest date the additional eligibility periods end. A prisoner is serving a period of 13 years imprisonment, comprising a term of 8 years imprisonment for a serious violent offence and a term of 5 years imprisonment for an offence that is not a serious violent offence which was ordered to be served cumulatively with the term of imprisonment for the serious violent offence. Applying rule 1 , the prisoner’s notional parole date is the day after the period of 6.4 years the prisoner must serve before reaching the prisoner’s parole eligibility date for the serious violent offence under section 182 . Rule 2 is then applied. The period the prisoner must serve before reaching the prisoner’s parole eligibility date for the second offence is 2.5 years under section 184 . Rule 3 requires the periods of 6.4 years and 2.5 years to be added together. In this example, the prisoner’s parole eligibility date is the day after the day on which the prisoner has served the period of 8.9 years.\n(sec.185-ssec.5) In this section— period of imprisonment , a prisoner must serve, means a period of imprisonment the prisoner must serve before reaching the prisoner’s parole eligibility date for the prisoner’s period of imprisonment.\n- • the notional parole date\n- • the latest date the additional eligibility periods end.","sortOrder":294},{"sectionNumber":"sec.185A","sectionType":"section","heading":"Parole eligibility date for particular prisoners granted exceptional circumstances parole","content":"### sec.185A Parole eligibility date for particular prisoners granted exceptional circumstances parole\n\nThis section applies to a prisoner if—\nwhether before or after the commencement of this section (the commencement ), a date for the prisoner’s release on parole in relation to the prisoner’s period of imprisonment (the parole release date ) was or is fixed under the Penalties and Sentences Act 1992 , section 160B (3) ; and\non or after the commencement but before the parole release date, the prisoner is granted exceptional circumstances parole in relation to the same period of imprisonment.\nFor this Act, the prisoner’s parole release date becomes the prisoner’s parole eligibility date in relation to the same period of imprisonment.\nAny entitlement or expectation the prisoner had to be released on parole on the parole release date under a court ordered parole order is extinguished.\nThis section does not affect the fact that a parole release date was fixed for the prisoner’s period of imprisonment for the purposes of the Penalties and Sentences Act 1992 .\ns 185A ins 2009 No. 30 s 24\n(sec.185A-ssec.1) This section applies to a prisoner if— whether before or after the commencement of this section (the commencement ), a date for the prisoner’s release on parole in relation to the prisoner’s period of imprisonment (the parole release date ) was or is fixed under the Penalties and Sentences Act 1992 , section 160B (3) ; and on or after the commencement but before the parole release date, the prisoner is granted exceptional circumstances parole in relation to the same period of imprisonment.\n(sec.185A-ssec.2) For this Act, the prisoner’s parole release date becomes the prisoner’s parole eligibility date in relation to the same period of imprisonment.\n(sec.185A-ssec.3) Any entitlement or expectation the prisoner had to be released on parole on the parole release date under a court ordered parole order is extinguished.\n(sec.185A-ssec.4) This section does not affect the fact that a parole release date was fixed for the prisoner’s period of imprisonment for the purposes of the Penalties and Sentences Act 1992 .\n- (a) whether before or after the commencement of this section (the commencement ), a date for the prisoner’s release on parole in relation to the prisoner’s period of imprisonment (the parole release date ) was or is fixed under the Penalties and Sentences Act 1992 , section 160B (3) ; and\n- (b) on or after the commencement but before the parole release date, the prisoner is granted exceptional circumstances parole in relation to the same period of imprisonment.","sortOrder":295},{"sectionNumber":"sec.185B","sectionType":"section","heading":"Parole eligibility date for prisoner serving term of imprisonment for an offence against Weapons Act 1990 , s 50 , 50B or 65","content":"### sec.185B Parole eligibility date for prisoner serving term of imprisonment for an offence against Weapons Act 1990 , s 50 , 50B or 65\n\nThis section applies if—\na prisoner is serving a term of imprisonment for an offence against the Weapons Act 1990 , section 50 , 50B or 65 ; and\na minimum penalty applies to the offence under the following provisions of that Act—\nsection 50 (1) , penalty, paragraph (d) or (e) ;\nsection 50B (1) , penalty, paragraph (d) or (e) ;\nsection 65 (1) , penalty, paragraph (a) or (b) ; and\napart from this section, the prisoner would be eligible for parole under this subdivision before the prisoner has served a term of imprisonment that is the minimum penalty for the offence.\nThe prisoner’s parole eligibility date is the day after the day on which the prisoner has served a term of imprisonment that is the minimum penalty for the offence.\nHowever, if the term of imprisonment was imposed under the Penalties and Sentences Act 1992 , section 161R (2) for an offence against the Weapons Act 1990 , section 50B or 65 , the prisoner’s parole eligibility date is the day that is worked out by adding the relevant further period to the parole eligibility date that would otherwise apply to the prisoner under subsection (2) .\ns 185B ins 2012 No. 40 s 4\namd 2016 No. 62 s 24 ; 2026 No. 4 s 119 sch 1\n(sec.185B-ssec.1) This section applies if— a prisoner is serving a term of imprisonment for an offence against the Weapons Act 1990 , section 50 , 50B or 65 ; and a minimum penalty applies to the offence under the following provisions of that Act— section 50 (1) , penalty, paragraph (d) or (e) ; section 50B (1) , penalty, paragraph (d) or (e) ; section 65 (1) , penalty, paragraph (a) or (b) ; and apart from this section, the prisoner would be eligible for parole under this subdivision before the prisoner has served a term of imprisonment that is the minimum penalty for the offence.\n(sec.185B-ssec.2) The prisoner’s parole eligibility date is the day after the day on which the prisoner has served a term of imprisonment that is the minimum penalty for the offence.\n(sec.185B-ssec.3) However, if the term of imprisonment was imposed under the Penalties and Sentences Act 1992 , section 161R (2) for an offence against the Weapons Act 1990 , section 50B or 65 , the prisoner’s parole eligibility date is the day that is worked out by adding the relevant further period to the parole eligibility date that would otherwise apply to the prisoner under subsection (2) .\n- (a) a prisoner is serving a term of imprisonment for an offence against the Weapons Act 1990 , section 50 , 50B or 65 ; and\n- (b) a minimum penalty applies to the offence under the following provisions of that Act— (i) section 50 (1) , penalty, paragraph (d) or (e) ; (ii) section 50B (1) , penalty, paragraph (d) or (e) ; (iii) section 65 (1) , penalty, paragraph (a) or (b) ; and\n- (i) section 50 (1) , penalty, paragraph (d) or (e) ;\n- (ii) section 50B (1) , penalty, paragraph (d) or (e) ;\n- (iii) section 65 (1) , penalty, paragraph (a) or (b) ; and\n- (c) apart from this section, the prisoner would be eligible for parole under this subdivision before the prisoner has served a term of imprisonment that is the minimum penalty for the offence.\n- (i) section 50 (1) , penalty, paragraph (d) or (e) ;\n- (ii) section 50B (1) , penalty, paragraph (d) or (e) ;\n- (iii) section 65 (1) , penalty, paragraph (a) or (b) ; and","sortOrder":296},{"sectionNumber":"ch.5-pt.1-div.2","sectionType":"division","heading":"Hearing and deciding application for parole order","content":"## Hearing and deciding application for parole order","sortOrder":297},{"sectionNumber":"sec.186","sectionType":"section","heading":"Definition for div 2","content":"### sec.186 Definition for div 2\n\nIn this division—\nparole order does not include a court ordered parole order.","sortOrder":298},{"sectionNumber":"sec.187","sectionType":"section","heading":null,"content":"### Section sec.187\n\ns 187 om 2017 No. 15 s 4","sortOrder":299},{"sectionNumber":"sec.188","sectionType":"section","heading":"Submission from eligible person","content":"### sec.188 Submission from eligible person\n\nAfter receiving a prisoner’s application for a parole order (other than an exceptional circumstances parole order) under section 180 , the parole board must give the chief executive written notice of the application.\nWithin 7 days after receiving the notice, the chief executive must, subject to section 324AA , give each eligible person in relation to the prisoner written notice of the application.\nThe notice given to the eligible person must be dated and advise the person that—\nthe prisoner has applied for a parole order; and\nthe parole board is about to consider whether the parole order should be made; and\nthe person may, within 21 days after the date of the notice, make submissions to the parole board about anything that—\nis relevant to the decision about making the parole order; and\nwas not before the court at the time of sentencing; and\nthe person may apply to the parole board to extend the period under paragraph (c) for making submissions to the parole board.\nThe eligible person may apply to the parole board to extend the period under subsection (3) (c) for making submissions to the parole board.\nThe parole board may extend the period if the parole board considers it reasonable in the circumstances.\nThe parole board must consider any submissions made to the board under subsection (3) (c) or in the further period allowed under subsection (5) .\nSubmissions may be made under subsection (3) (c) —\nin writing; or\nin some other form approved by the parole board.\ns 188 amd 2017 No. 15 s 24 sch 1 ; 2020 No. 23 s 23 ; 2024 No. 25 s 9\n(sec.188-ssec.1) After receiving a prisoner’s application for a parole order (other than an exceptional circumstances parole order) under section 180 , the parole board must give the chief executive written notice of the application.\n(sec.188-ssec.2) Within 7 days after receiving the notice, the chief executive must, subject to section 324AA , give each eligible person in relation to the prisoner written notice of the application.\n(sec.188-ssec.3) The notice given to the eligible person must be dated and advise the person that— the prisoner has applied for a parole order; and the parole board is about to consider whether the parole order should be made; and the person may, within 21 days after the date of the notice, make submissions to the parole board about anything that— is relevant to the decision about making the parole order; and was not before the court at the time of sentencing; and the person may apply to the parole board to extend the period under paragraph (c) for making submissions to the parole board.\n(sec.188-ssec.4) The eligible person may apply to the parole board to extend the period under subsection (3) (c) for making submissions to the parole board.\n(sec.188-ssec.5) The parole board may extend the period if the parole board considers it reasonable in the circumstances.\n(sec.188-ssec.6) The parole board must consider any submissions made to the board under subsection (3) (c) or in the further period allowed under subsection (5) .\n(sec.188-ssec.7) Submissions may be made under subsection (3) (c) — in writing; or in some other form approved by the parole board.\n- (a) the prisoner has applied for a parole order; and\n- (b) the parole board is about to consider whether the parole order should be made; and\n- (c) the person may, within 21 days after the date of the notice, make submissions to the parole board about anything that— (i) is relevant to the decision about making the parole order; and (ii) was not before the court at the time of sentencing; and\n- (i) is relevant to the decision about making the parole order; and\n- (ii) was not before the court at the time of sentencing; and\n- (d) the person may apply to the parole board to extend the period under paragraph (c) for making submissions to the parole board.\n- (i) is relevant to the decision about making the parole order; and\n- (ii) was not before the court at the time of sentencing; and\n- (a) in writing; or\n- (b) in some other form approved by the parole board.","sortOrder":300},{"sectionNumber":"sec.189","sectionType":"section","heading":"Appearing before parole board","content":"### sec.189 Appearing before parole board\n\nA prisoner’s agent may, with the parole board’s leave, appear before the board to make representations in support of the prisoner’s application for a parole order that may be heard and decided by the board.\nThis section does not stop the parole board deciding an application for a parole order if the prisoner or the prisoner’s agent fails to appear before the board.\nIn this section—\nappear , before the parole board, means—\nappear by using a contemporaneous communication link between the board and the prisoner or the prisoner’s agent; or\nif the person appearing is a prisoner with a special need—appear personally.\ns 189 amd 2017 No. 15 s 24 sch 1\n(sec.189-ssec.1) A prisoner’s agent may, with the parole board’s leave, appear before the board to make representations in support of the prisoner’s application for a parole order that may be heard and decided by the board.\n(sec.189-ssec.2) This section does not stop the parole board deciding an application for a parole order if the prisoner or the prisoner’s agent fails to appear before the board.\n(sec.189-ssec.3) In this section— appear , before the parole board, means— appear by using a contemporaneous communication link between the board and the prisoner or the prisoner’s agent; or if the person appearing is a prisoner with a special need—appear personally. s 189 amd 2017 No. 15 s 24 sch 1\n- (a) appear by using a contemporaneous communication link between the board and the prisoner or the prisoner’s agent; or\n- (b) if the person appearing is a prisoner with a special need—appear personally.","sortOrder":301},{"sectionNumber":"sec.190","sectionType":"section","heading":"Applying for leave to appear before parole board","content":"### sec.190 Applying for leave to appear before parole board\n\nAn application for leave to appear before the parole board must be made in the approved form to the board.\nThe secretariat must tell the prisoner of—\nthe board’s decision on the application; and\nif the board grants the leave—the time and place at which the prisoner or the prisoner’s agent may appear before the board.\ns 190 amd 2017 No. 15 s 24 sch 1\n(sec.190-ssec.1) An application for leave to appear before the parole board must be made in the approved form to the board.\n(sec.190-ssec.2) The secretariat must tell the prisoner of— the board’s decision on the application; and if the board grants the leave—the time and place at which the prisoner or the prisoner’s agent may appear before the board.\n- (a) the board’s decision on the application; and\n- (b) if the board grants the leave—the time and place at which the prisoner or the prisoner’s agent may appear before the board.","sortOrder":302},{"sectionNumber":"sec.191","sectionType":"section","heading":"When application for parole order lapses","content":"### sec.191 When application for parole order lapses\n\nA prisoner’s application for a parole order lapses if, before the application is decided, the prisoner is sentenced to another term of imprisonment.","sortOrder":303},{"sectionNumber":"sec.192","sectionType":"section","heading":"Parole board not bound by sentencing court’s recommendation or parole eligibility date","content":"### sec.192 Parole board not bound by sentencing court’s recommendation or parole eligibility date\n\nWhen deciding whether to grant a parole order, the parole board is not bound by the recommendation of the sentencing court or the parole eligibility date fixed by the court under the Penalties and Sentences Act 1992 , part 9 , division 3 if the board—\nreceives information about the prisoner that was not before the court at the time of sentencing; and\na psychologist’s report obtained during the prisoner’s period of imprisonment\nafter considering the information, considers that the prisoner is not suitable for parole at the time recommended or fixed by the court.\ns 192 amd 2017 No. 15 s 24 sch 1\n- (a) receives information about the prisoner that was not before the court at the time of sentencing; and Example— a psychologist’s report obtained during the prisoner’s period of imprisonment\n- (b) after considering the information, considers that the prisoner is not suitable for parole at the time recommended or fixed by the court.","sortOrder":304},{"sectionNumber":"sec.193","sectionType":"section","heading":"Deciding parole applications—general","content":"### sec.193 Deciding parole applications—general\n\nAfter receiving a prisoner’s application for a parole order, the parole board must decide—\nto grant the application; or\nto refuse to grant the application.\nIf, at the time the application is made by the prisoner, the prisoner is both a no body-no parole prisoner and a restricted prisoner, the application must be decided under—\nsection 193A ; and\nif after deciding the application under section 193A , the parole board does not make a no cooperation declaration— section 193AA .\nHowever, subject to subsection (4) , the parole board may defer making a decision until it obtains any additional information it considers necessary to make the decision.\nSee also section 193C (1) .\nThe parole board must decide the application within the following period after receiving the application—\nfor a decision deferred under subsection (3) —150 days;\notherwise—120 days.\nSee also section 193C (2) .\nThe parole board may grant the application even though a parole order for the same period of imprisonment was previously cancelled.\nIf the parole board refuses to grant the application, the board must—\ngive the prisoner written reasons for the refusal; and\nif the application is for a parole order other than an exceptional circumstances parole order—decide a period of time within which a further application for a parole order (other than an exceptional circumstances parole order) by the prisoner must not be made without the board’s consent.\nThe period of time decided under subsection (6) (b) must not be more than—\nif the prisoner is serving a term of imprisonment for life—5 years; or\nif the prisoner is serving a term of imprisonment of 10 years or more other than a term of imprisonment for life—3 years; or\nif paragraphs (a) and (b) do not apply—1 year.\nIn deciding the period of time under subsection (6) (b) , the parole board—\nmust consider—\nthe nature, seriousness and circumstances of each offence for which the prisoner is serving the period of imprisonment the subject of the application; and\nthe reasons the application has been refused; and\nmay have regard to—\nthe likely effect that the making of a further application for a parole order may have on an eligible person or victim; and\nthe extent to which delaying the making of a further application for a parole order is in the public interest.\nIf the parole board decides to grant the application, the parole order starts on the day stated in the order (the start day ).\nIf the application for a parole order was made under section 176 , the start day must not be more than 14 days after the date of the parole order.\nIf the application for a parole order was made under section 180 , the start day must be—\nfor a parole order made more than 14 days before the prisoner’s parole eligibility date—the parole eligibility date; or\notherwise, a day that is—\non or after the prisoner’s parole eligibility date; and\nnot more than 14 days after the date of the parole order.\ns 193 amd 2009 No. 30 s 25 ; 2017 No. 15 s 5 ; 2017 No. 23 s 3 ; 2018 No. 20 s 6 ; 2019 No. 10 s 12 ; 2021 No. 24 s 11 ; 2024 No. 24 s 8 ; 2024 No. 33 s 2D\n(sec.193-ssec.1) After receiving a prisoner’s application for a parole order, the parole board must decide— to grant the application; or to refuse to grant the application.\n(sec.193-ssec.2) If, at the time the application is made by the prisoner, the prisoner is both a no body-no parole prisoner and a restricted prisoner, the application must be decided under— section 193A ; and if after deciding the application under section 193A , the parole board does not make a no cooperation declaration— section 193AA .\n(sec.193-ssec.3) However, subject to subsection (4) , the parole board may defer making a decision until it obtains any additional information it considers necessary to make the decision. See also section 193C (1) .\n(sec.193-ssec.4) The parole board must decide the application within the following period after receiving the application— for a decision deferred under subsection (3) —150 days; otherwise—120 days. See also section 193C (2) .\n(sec.193-ssec.5) The parole board may grant the application even though a parole order for the same period of imprisonment was previously cancelled.\n(sec.193-ssec.6) If the parole board refuses to grant the application, the board must— give the prisoner written reasons for the refusal; and if the application is for a parole order other than an exceptional circumstances parole order—decide a period of time within which a further application for a parole order (other than an exceptional circumstances parole order) by the prisoner must not be made without the board’s consent.\n(sec.193-ssec.7) The period of time decided under subsection (6) (b) must not be more than— if the prisoner is serving a term of imprisonment for life—5 years; or if the prisoner is serving a term of imprisonment of 10 years or more other than a term of imprisonment for life—3 years; or if paragraphs (a) and (b) do not apply—1 year.\n(sec.193-ssec.8) In deciding the period of time under subsection (6) (b) , the parole board— must consider— the nature, seriousness and circumstances of each offence for which the prisoner is serving the period of imprisonment the subject of the application; and the reasons the application has been refused; and may have regard to— the likely effect that the making of a further application for a parole order may have on an eligible person or victim; and the extent to which delaying the making of a further application for a parole order is in the public interest.\n(sec.193-ssec.9) If the parole board decides to grant the application, the parole order starts on the day stated in the order (the start day ).\n(sec.193-ssec.10) If the application for a parole order was made under section 176 , the start day must not be more than 14 days after the date of the parole order.\n(sec.193-ssec.11) If the application for a parole order was made under section 180 , the start day must be— for a parole order made more than 14 days before the prisoner’s parole eligibility date—the parole eligibility date; or otherwise, a day that is— on or after the prisoner’s parole eligibility date; and not more than 14 days after the date of the parole order.\n- (a) to grant the application; or\n- (b) to refuse to grant the application.\n- (a) section 193A ; and\n- (b) if after deciding the application under section 193A , the parole board does not make a no cooperation declaration— section 193AA .\n- (a) for a decision deferred under subsection (3) —150 days;\n- (b) otherwise—120 days.\n- (a) give the prisoner written reasons for the refusal; and\n- (b) if the application is for a parole order other than an exceptional circumstances parole order—decide a period of time within which a further application for a parole order (other than an exceptional circumstances parole order) by the prisoner must not be made without the board’s consent.\n- (a) if the prisoner is serving a term of imprisonment for life—5 years; or\n- (b) if the prisoner is serving a term of imprisonment of 10 years or more other than a term of imprisonment for life—3 years; or\n- (c) if paragraphs (a) and (b) do not apply—1 year.\n- (a) must consider— (i) the nature, seriousness and circumstances of each offence for which the prisoner is serving the period of imprisonment the subject of the application; and (ii) the reasons the application has been refused; and\n- (i) the nature, seriousness and circumstances of each offence for which the prisoner is serving the period of imprisonment the subject of the application; and\n- (ii) the reasons the application has been refused; and\n- (b) may have regard to— (i) the likely effect that the making of a further application for a parole order may have on an eligible person or victim; and (ii) the extent to which delaying the making of a further application for a parole order is in the public interest.\n- (i) the likely effect that the making of a further application for a parole order may have on an eligible person or victim; and\n- (ii) the extent to which delaying the making of a further application for a parole order is in the public interest.\n- (i) the nature, seriousness and circumstances of each offence for which the prisoner is serving the period of imprisonment the subject of the application; and\n- (ii) the reasons the application has been refused; and\n- (i) the likely effect that the making of a further application for a parole order may have on an eligible person or victim; and\n- (ii) the extent to which delaying the making of a further application for a parole order is in the public interest.\n- (a) for a parole order made more than 14 days before the prisoner’s parole eligibility date—the parole eligibility date; or\n- (b) otherwise, a day that is— (i) on or after the prisoner’s parole eligibility date; and (ii) not more than 14 days after the date of the parole order.\n- (i) on or after the prisoner’s parole eligibility date; and\n- (ii) not more than 14 days after the date of the parole order.\n- (i) on or after the prisoner’s parole eligibility date; and\n- (ii) not more than 14 days after the date of the parole order.","sortOrder":305},{"sectionNumber":"sec.193A","sectionType":"section","heading":"Deciding parole applications—no body-no parole prisoner","content":"### sec.193A Deciding parole applications—no body-no parole prisoner\n\nThis section applies to a no body-no parole prisoner’s application for a parole order.\nIf a no cooperation declaration is in force for the prisoner, the board must refuse the application.\nIf the prisoner has been given a notice under section 175Q , the board must consider the application under section 193 .\nIf subsections (2) and (3) do not apply, the parole board must defer the hearing of the application and request a commissioner’s report under section 175M (2) .\ns 193A ins 2017 No. 23 s 4\namd 2020 No. 23 s 24\nsub 2021 No. 24 s 12\n(sec.193A-ssec.1) This section applies to a no body-no parole prisoner’s application for a parole order.\n(sec.193A-ssec.2) If a no cooperation declaration is in force for the prisoner, the board must refuse the application.\n(sec.193A-ssec.3) If the prisoner has been given a notice under section 175Q , the board must consider the application under section 193 .\n(sec.193A-ssec.4) If subsections (2) and (3) do not apply, the parole board must defer the hearing of the application and request a commissioner’s report under section 175M (2) .","sortOrder":306},{"sectionNumber":"sec.193AA","sectionType":"section","heading":"Deciding parole applications—restricted prisoner","content":"### sec.193AA Deciding parole applications—restricted prisoner\n\nThis section applies in relation to a restricted prisoner’s application for a parole order.\nSubject to subsection (3) , as soon as practicable after receiving the application, the parole board must—\ngive the president a notice stating that the prisoner has applied for parole; and\ngive the chief executive a notice stating—\nthe board has deferred deciding the application until the board receives a notice from the president under section 175J (2) (c) ; and\nunder section 175F the chief executive must give the president a restricted prisoner report.\nIf the board has received a notice about the prisoner under section 175J (2) (c) , the parole board may defer making a decision until it obtains any other information it considers necessary to make the decision.\nSee also section 193C (2) .\nIf the application is deferred under subsection (2) (b) and the president makes a restricted prisoner declaration about the prisoner, the application is taken to have been refused by the parole board on the day the declaration is made.\nIf a restricted prisoner declaration is not in force for the prisoner, the parole board must refuse to grant the application unless the board is satisfied the prisoner does not pose an unacceptable risk to the public.\ns 193AA ins 2021 No. 24 s 12\n(sec.193AA-ssec.1) This section applies in relation to a restricted prisoner’s application for a parole order.\n(sec.193AA-ssec.2) Subject to subsection (3) , as soon as practicable after receiving the application, the parole board must— give the president a notice stating that the prisoner has applied for parole; and give the chief executive a notice stating— the board has deferred deciding the application until the board receives a notice from the president under section 175J (2) (c) ; and under section 175F the chief executive must give the president a restricted prisoner report.\n(sec.193AA-ssec.3) If the board has received a notice about the prisoner under section 175J (2) (c) , the parole board may defer making a decision until it obtains any other information it considers necessary to make the decision. See also section 193C (2) .\n(sec.193AA-ssec.4) If the application is deferred under subsection (2) (b) and the president makes a restricted prisoner declaration about the prisoner, the application is taken to have been refused by the parole board on the day the declaration is made.\n(sec.193AA-ssec.5) If a restricted prisoner declaration is not in force for the prisoner, the parole board must refuse to grant the application unless the board is satisfied the prisoner does not pose an unacceptable risk to the public.\n- (a) give the president a notice stating that the prisoner has applied for parole; and\n- (b) give the chief executive a notice stating— (i) the board has deferred deciding the application until the board receives a notice from the president under section 175J (2) (c) ; and (ii) under section 175F the chief executive must give the president a restricted prisoner report.\n- (i) the board has deferred deciding the application until the board receives a notice from the president under section 175J (2) (c) ; and\n- (ii) under section 175F the chief executive must give the president a restricted prisoner report.\n- (i) the board has deferred deciding the application until the board receives a notice from the president under section 175J (2) (c) ; and\n- (ii) under section 175F the chief executive must give the president a restricted prisoner report.","sortOrder":307},{"sectionNumber":"sec.193B","sectionType":"section","heading":"Deciding applications for parole orders made by prisoners with links to terrorism","content":"### sec.193B Deciding applications for parole orders made by prisoners with links to terrorism\n\nThis section applies in relation to a prisoner’s application for a parole order if—\nthe prisoner has, at any time, been convicted of a terrorism offence; or\nthe prisoner is the subject of a Commonwealth control order; or\nthe parole board is satisfied the prisoner has promoted terrorism; or\na report in relation to the prisoner given by the commissioner under section 193E states there is a reasonable likelihood the prisoner may carry out a terrorist act and any of the following apply—\nthe prisoner has been charged with, but not convicted of, a terrorism offence;\nthe prisoner has been the subject of a Commonwealth control order;\nthe parole board is satisfied the prisoner is or has been associated with a terrorist organisation, or with a person who has promoted terrorism.\nFor when a person promotes terrorism, see section 247A .\nThe parole board must refuse to grant the application under section 193 (1) unless the board is satisfied exceptional circumstances exist to justify granting the application.\nIn considering whether exceptional circumstances exist to justify granting the application, the parole board may have regard to any relevant matter.\nIn considering a matter mentioned in subsection (1) (c) or (d) (iii) , the parole board may have regard to—\na report in relation to the matter given by the commissioner under section 193E ; and\nany other information the board considers relevant.\nIf the parole board decides to grant the application, the board must give the prisoner written reasons for the decision.\nSee also section 193 (6) (a) .\nTo remove any doubt, it is declared that—\nthis section does not limit or otherwise affect the power of the parole board to refuse the application under section 193 (1) ; and\na decision under subsection (2) that exceptional circumstances exist to justify granting the application is not a decision for section 194 (1) (a) that exceptional circumstances exist in relation to the prisoner.\ns 193B ins 2019 No. 10 s 13\namd 2024 No. 24 s 57 s ch 1 pt 1\n(sec.193B-ssec.1) This section applies in relation to a prisoner’s application for a parole order if— the prisoner has, at any time, been convicted of a terrorism offence; or the prisoner is the subject of a Commonwealth control order; or the parole board is satisfied the prisoner has promoted terrorism; or a report in relation to the prisoner given by the commissioner under section 193E states there is a reasonable likelihood the prisoner may carry out a terrorist act and any of the following apply— the prisoner has been charged with, but not convicted of, a terrorism offence; the prisoner has been the subject of a Commonwealth control order; the parole board is satisfied the prisoner is or has been associated with a terrorist organisation, or with a person who has promoted terrorism. For when a person promotes terrorism, see section 247A .\n(sec.193B-ssec.2) The parole board must refuse to grant the application under section 193 (1) unless the board is satisfied exceptional circumstances exist to justify granting the application.\n(sec.193B-ssec.3) In considering whether exceptional circumstances exist to justify granting the application, the parole board may have regard to any relevant matter.\n(sec.193B-ssec.4) In considering a matter mentioned in subsection (1) (c) or (d) (iii) , the parole board may have regard to— a report in relation to the matter given by the commissioner under section 193E ; and any other information the board considers relevant.\n(sec.193B-ssec.5) If the parole board decides to grant the application, the board must give the prisoner written reasons for the decision. See also section 193 (6) (a) .\n(sec.193B-ssec.6) To remove any doubt, it is declared that— this section does not limit or otherwise affect the power of the parole board to refuse the application under section 193 (1) ; and a decision under subsection (2) that exceptional circumstances exist to justify granting the application is not a decision for section 194 (1) (a) that exceptional circumstances exist in relation to the prisoner.\n- (a) the prisoner has, at any time, been convicted of a terrorism offence; or\n- (b) the prisoner is the subject of a Commonwealth control order; or\n- (c) the parole board is satisfied the prisoner has promoted terrorism; or\n- (d) a report in relation to the prisoner given by the commissioner under section 193E states there is a reasonable likelihood the prisoner may carry out a terrorist act and any of the following apply— (i) the prisoner has been charged with, but not convicted of, a terrorism offence; (ii) the prisoner has been the subject of a Commonwealth control order; (iii) the parole board is satisfied the prisoner is or has been associated with a terrorist organisation, or with a person who has promoted terrorism.\n- (i) the prisoner has been charged with, but not convicted of, a terrorism offence;\n- (ii) the prisoner has been the subject of a Commonwealth control order;\n- (iii) the parole board is satisfied the prisoner is or has been associated with a terrorist organisation, or with a person who has promoted terrorism.\n- (i) the prisoner has been charged with, but not convicted of, a terrorism offence;\n- (ii) the prisoner has been the subject of a Commonwealth control order;\n- (iii) the parole board is satisfied the prisoner is or has been associated with a terrorist organisation, or with a person who has promoted terrorism.\n- (a) a report in relation to the matter given by the commissioner under section 193E ; and\n- (b) any other information the board considers relevant.\n- (a) this section does not limit or otherwise affect the power of the parole board to refuse the application under section 193 (1) ; and\n- (b) a decision under subsection (2) that exceptional circumstances exist to justify granting the application is not a decision for section 194 (1) (a) that exceptional circumstances exist in relation to the prisoner.","sortOrder":308},{"sectionNumber":"sec.193C","sectionType":"section","heading":"Deferring decision to obtain information about terrorism links","content":"### sec.193C Deferring decision to obtain information about terrorism links\n\nThe parole board may defer making a decision on a prisoner’s application for a parole order to obtain information the board considers necessary to determine whether section 193B applies in relation to the application.\nDespite section 193 (4) , if the parole board defers making a decision under subsection (1) , the board must decide the application within 200 days after receiving the application.\ns 193C ins 2019 No. 10 s 13\namd 2024 No. 24 s 57 s ch 1 pt 1\n(sec.193C-ssec.1) The parole board may defer making a decision on a prisoner’s application for a parole order to obtain information the board considers necessary to determine whether section 193B applies in relation to the application.\n(sec.193C-ssec.2) Despite section 193 (4) , if the parole board defers making a decision under subsection (1) , the board must decide the application within 200 days after receiving the application.","sortOrder":309},{"sectionNumber":"sec.193D","sectionType":"section","heading":"Parole board may ask commissioner for reports about prisoners’ links to terrorism","content":"### sec.193D Parole board may ask commissioner for reports about prisoners’ links to terrorism\n\nThe parole board may, by written notice given to the commissioner, ask the commissioner to give the board, for use under this division or division 5 , a report in relation to any of the following matters—\nwhether a prisoner has, at any time, been convicted of or charged with a terrorism offence;\nwhether a prisoner is or has been the subject of a Commonwealth control order;\nany promotion by a prisoner of terrorism;\nthe likelihood of a prisoner carrying out a terrorist act;\nany association a prisoner has or has had with—\na terrorist organisation; or\na person who has promoted terrorism.\nFor when a person promotes terrorism, see section 247A .\ns 193D ins 2019 No. 10 s 13\n- (a) whether a prisoner has, at any time, been convicted of or charged with a terrorism offence;\n- (b) whether a prisoner is or has been the subject of a Commonwealth control order;\n- (c) any promotion by a prisoner of terrorism;\n- (d) the likelihood of a prisoner carrying out a terrorist act;\n- (e) any association a prisoner has or has had with— (i) a terrorist organisation; or (ii) a person who has promoted terrorism.\n- (i) a terrorist organisation; or\n- (ii) a person who has promoted terrorism.\n- (i) a terrorist organisation; or\n- (ii) a person who has promoted terrorism.","sortOrder":310},{"sectionNumber":"sec.193E","sectionType":"section","heading":"Reports about prisoners’ links to terrorism","content":"### sec.193E Reports about prisoners’ links to terrorism\n\nThe commissioner must comply with a request made under section 193D by giving the parole board a written report in relation to the matters the subject of the request.\nHowever, subsection (1) applies only to the extent information in relation to the matters—\nis in the commissioner’s possession; or\ncan be accessed by the commissioner through an arrangement with a law enforcement agency.\nAlso, the commissioner is not required to give information in relation to a matter mentioned in section 193D (c) , (d) or (e) if—\nthe information is information mentioned in the Police Powers and Responsibilities Act 2000 , section 803 (2) (a) to (e) and the commissioner is satisfied that withholding the information will not adversely affect public safety; or\nthe commissioner accessed the information through an arrangement mentioned in subsection (2) (b) and the arrangement prevents the commissioner from disclosing the information to the parole board.\nIf the report is in relation to a matter mentioned in section 193D (a) , the information in the report may include a reference to, or a disclosure of, a conviction mentioned in the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 .\nIf the request is in relation to a prisoner’s application for a parole order—\nthe notice given under section 193D must state the day the parole board proposes to hear the application (the proposed hearing day ); and\nthe commissioner must give the report to the parole board at least 28 days before the proposed hearing day.\ns 193E ins 2019 No. 10 s 13\namd 2020 No. 23 s 25\n(sec.193E-ssec.1) The commissioner must comply with a request made under section 193D by giving the parole board a written report in relation to the matters the subject of the request.\n(sec.193E-ssec.2) However, subsection (1) applies only to the extent information in relation to the matters— is in the commissioner’s possession; or can be accessed by the commissioner through an arrangement with a law enforcement agency.\n(sec.193E-ssec.3) Also, the commissioner is not required to give information in relation to a matter mentioned in section 193D (c) , (d) or (e) if— the information is information mentioned in the Police Powers and Responsibilities Act 2000 , section 803 (2) (a) to (e) and the commissioner is satisfied that withholding the information will not adversely affect public safety; or the commissioner accessed the information through an arrangement mentioned in subsection (2) (b) and the arrangement prevents the commissioner from disclosing the information to the parole board.\n(sec.193E-ssec.4) If the report is in relation to a matter mentioned in section 193D (a) , the information in the report may include a reference to, or a disclosure of, a conviction mentioned in the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 .\n(sec.193E-ssec.5) If the request is in relation to a prisoner’s application for a parole order— the notice given under section 193D must state the day the parole board proposes to hear the application (the proposed hearing day ); and the commissioner must give the report to the parole board at least 28 days before the proposed hearing day.\n- (a) is in the commissioner’s possession; or\n- (b) can be accessed by the commissioner through an arrangement with a law enforcement agency.\n- (a) the information is information mentioned in the Police Powers and Responsibilities Act 2000 , section 803 (2) (a) to (e) and the commissioner is satisfied that withholding the information will not adversely affect public safety; or\n- (b) the commissioner accessed the information through an arrangement mentioned in subsection (2) (b) and the arrangement prevents the commissioner from disclosing the information to the parole board.\n- (a) the notice given under section 193D must state the day the parole board proposes to hear the application (the proposed hearing day ); and\n- (b) the commissioner must give the report to the parole board at least 28 days before the proposed hearing day.","sortOrder":311},{"sectionNumber":"sec.194","sectionType":"section","heading":"Types of parole orders granted by parole board","content":"### sec.194 Types of parole orders granted by parole board\n\nThe parole board may, by a parole order—\nrelease any prisoner on parole, if the prisoner applied for an exceptional circumstances parole order under section 176 and the board is satisfied that exceptional circumstances exist in relation to the prisoner; or\nrelease an eligible prisoner on parole.\nIf the prisoner is to be released on parole as mentioned in subsection (1) (a) , the board must note on the order that it is an exceptional circumstances parole order.\nThe board must give a copy of the parole order to the prisoner.\nIn this section—\neligible prisoner means a prisoner, who—\nmay apply for the parole order under section 180 (1) ; and\nis eligible for the parole order under section 181 , 181A , 182 , 182A , 183 , 184 , 185 or 185B .\ns 194 amd 2012 No. 40 s 5 ; 2013 No. 31 s 9 ; 2017 No. 15 s 24 sch 1 ; 2020 No. 23 s 26 ; 2023 No. 14 s 23\n(sec.194-ssec.1) The parole board may, by a parole order— release any prisoner on parole, if the prisoner applied for an exceptional circumstances parole order under section 176 and the board is satisfied that exceptional circumstances exist in relation to the prisoner; or release an eligible prisoner on parole.\n(sec.194-ssec.2) If the prisoner is to be released on parole as mentioned in subsection (1) (a) , the board must note on the order that it is an exceptional circumstances parole order.\n(sec.194-ssec.3) The board must give a copy of the parole order to the prisoner.\n(sec.194-ssec.4) In this section— eligible prisoner means a prisoner, who— may apply for the parole order under section 180 (1) ; and is eligible for the parole order under section 181 , 181A , 182 , 182A , 183 , 184 , 185 or 185B .\n- (a) release any prisoner on parole, if the prisoner applied for an exceptional circumstances parole order under section 176 and the board is satisfied that exceptional circumstances exist in relation to the prisoner; or\n- (b) release an eligible prisoner on parole.\n- (a) may apply for the parole order under section 180 (1) ; and\n- (b) is eligible for the parole order under section 181 , 181A , 182 , 182A , 183 , 184 , 185 or 185B .","sortOrder":312},{"sectionNumber":"sec.195","sectionType":"section","heading":null,"content":"### Section sec.195\n\ns 195 om 2017 No. 15 s 24 sch 1","sortOrder":313},{"sectionNumber":"sec.196","sectionType":"section","heading":null,"content":"### Section sec.196\n\ns 196 om 2017 No. 15 s 24 sch 1","sortOrder":314},{"sectionNumber":"sec.197","sectionType":"section","heading":null,"content":"### Section sec.197\n\ns 197 om 2017 No. 15 s 24 sch 1","sortOrder":315},{"sectionNumber":"sec.198","sectionType":"section","heading":null,"content":"### Section sec.198\n\ns 198 om 2017 No. 15 s 24 sch 1","sortOrder":316},{"sectionNumber":"ch.5-pt.1-div.3","sectionType":"division","heading":"Court ordered parole order","content":"## Court ordered parole order","sortOrder":317},{"sectionNumber":"sec.199","sectionType":"section","heading":"Court ordered parole order","content":"### sec.199 Court ordered parole order\n\nThe chief executive must issue a court ordered parole order for a prisoner in accordance with the date fixed for the prisoner’s release on parole under the Penalties and Sentences Act 1992 , part 9 , division 3 .\nHowever, if the prisoner is being detained on remand for an offence, the chief executive can not issue the court ordered parole order unless—\nthe prisoner is granted bail in relation to the offence under the Bail Act 1980 ; or\nthe charge for the offence is withdrawn.\nThe chief executive must give a copy of the court ordered parole order to the prisoner.\nSubsection (1) does not apply in relation to a prisoner to whom section 185A applies.\ns 199 amd 2009 No. 30 s 26 ; 2020 No. 23 s 27\n(sec.199-ssec.1) The chief executive must issue a court ordered parole order for a prisoner in accordance with the date fixed for the prisoner’s release on parole under the Penalties and Sentences Act 1992 , part 9 , division 3 .\n(sec.199-ssec.2) However, if the prisoner is being detained on remand for an offence, the chief executive can not issue the court ordered parole order unless— the prisoner is granted bail in relation to the offence under the Bail Act 1980 ; or the charge for the offence is withdrawn.\n(sec.199-ssec.3) The chief executive must give a copy of the court ordered parole order to the prisoner.\n(sec.199-ssec.4) Subsection (1) does not apply in relation to a prisoner to whom section 185A applies.\n- (a) the prisoner is granted bail in relation to the offence under the Bail Act 1980 ; or\n- (b) the charge for the offence is withdrawn.","sortOrder":318},{"sectionNumber":"ch.5-pt.1-div.4","sectionType":"division","heading":"Conditions of parole and directions to prisoners","content":"## Conditions of parole and directions to prisoners","sortOrder":319},{"sectionNumber":"sec.200","sectionType":"section","heading":"Conditions of parole","content":"### sec.200 Conditions of parole\n\nA parole order must include conditions requiring the prisoner the subject of the order—\nto be under the chief executive’s supervision—\nuntil the end of the prisoner’s period of imprisonment; or\nif the prisoner is being detained in an institution for a period fixed by a judge under the Criminal Law Amendment Act 1945 , part 3 —for the period the prisoner was directed to be detained; and\nto carry out the chief executive’s lawful instructions; and\nto give a test sample if required to do so by the chief executive under section 41 ; and\nto report, and receive visits, as directed by the chief executive; and\nto notify the chief executive within 48 hours of any change in the prisoner’s address or employment during the parole period; and\nnot to commit an offence.\nA parole order may contain a condition requiring the prisoner to comply with a direction given to the prisoner under section 200A .\nA parole order granted by the parole board may also contain conditions the board reasonably considers necessary—\nto ensure the prisoner’s good conduct; or\nto stop the prisoner committing an offence.\na condition about the prisoner’s place of residence, employment or participation in a particular program\na condition imposing a curfew for the prisoner\na condition requiring the prisoner to give a test sample\nThe prisoner must comply with the conditions included in the parole order.\ns 200 amd 2017 No. 15 s 7\n(sec.200-ssec.1) A parole order must include conditions requiring the prisoner the subject of the order— to be under the chief executive’s supervision— until the end of the prisoner’s period of imprisonment; or if the prisoner is being detained in an institution for a period fixed by a judge under the Criminal Law Amendment Act 1945 , part 3 —for the period the prisoner was directed to be detained; and to carry out the chief executive’s lawful instructions; and to give a test sample if required to do so by the chief executive under section 41 ; and to report, and receive visits, as directed by the chief executive; and to notify the chief executive within 48 hours of any change in the prisoner’s address or employment during the parole period; and not to commit an offence.\n(sec.200-ssec.2) A parole order may contain a condition requiring the prisoner to comply with a direction given to the prisoner under section 200A .\n(sec.200-ssec.3) A parole order granted by the parole board may also contain conditions the board reasonably considers necessary— to ensure the prisoner’s good conduct; or to stop the prisoner committing an offence. a condition about the prisoner’s place of residence, employment or participation in a particular program a condition imposing a curfew for the prisoner a condition requiring the prisoner to give a test sample\n(sec.200-ssec.4) The prisoner must comply with the conditions included in the parole order.\n- (a) to be under the chief executive’s supervision— (i) until the end of the prisoner’s period of imprisonment; or (ii) if the prisoner is being detained in an institution for a period fixed by a judge under the Criminal Law Amendment Act 1945 , part 3 —for the period the prisoner was directed to be detained; and\n- (i) until the end of the prisoner’s period of imprisonment; or\n- (ii) if the prisoner is being detained in an institution for a period fixed by a judge under the Criminal Law Amendment Act 1945 , part 3 —for the period the prisoner was directed to be detained; and\n- (b) to carry out the chief executive’s lawful instructions; and\n- (c) to give a test sample if required to do so by the chief executive under section 41 ; and\n- (d) to report, and receive visits, as directed by the chief executive; and\n- (e) to notify the chief executive within 48 hours of any change in the prisoner’s address or employment during the parole period; and\n- (f) not to commit an offence.\n- (i) until the end of the prisoner’s period of imprisonment; or\n- (ii) if the prisoner is being detained in an institution for a period fixed by a judge under the Criminal Law Amendment Act 1945 , part 3 —for the period the prisoner was directed to be detained; and\n- (a) to ensure the prisoner’s good conduct; or\n- (b) to stop the prisoner committing an offence.\n- • a condition about the prisoner’s place of residence, employment or participation in a particular program\n- • a condition imposing a curfew for the prisoner\n- • a condition requiring the prisoner to give a test sample","sortOrder":320},{"sectionNumber":"sec.200A","sectionType":"section","heading":"Directions to prisoners subject to parole order","content":"### sec.200A Directions to prisoners subject to parole order\n\nThe purpose of this section is—\nto enable the movements of a prisoner who is subject to a parole order to be restricted; and\nto enable the location of the prisoner to be monitored.\nA corrective services officer may direct the prisoner—\nto remain at a stated place for stated periods; or\nto wear a stated device; or\nto permit the installation of any device or equipment at a stated place, including, for example, the place where the prisoner resides.\nSee section 267 (2) .\nA corrective services officer may also give other reasonable directions to the prisoner that are necessary for the proper administration of a direction under subsection (2) .\nA direction under this section must not be inconsistent with a condition of the prisoner’s parole order.\ns 200A ins 2017 No. 15 s 8\namd 2020 No. 23 s 28\n(sec.200A-ssec.1) The purpose of this section is— to enable the movements of a prisoner who is subject to a parole order to be restricted; and to enable the location of the prisoner to be monitored.\n(sec.200A-ssec.2) A corrective services officer may direct the prisoner— to remain at a stated place for stated periods; or to wear a stated device; or to permit the installation of any device or equipment at a stated place, including, for example, the place where the prisoner resides. See section 267 (2) .\n(sec.200A-ssec.3) A corrective services officer may also give other reasonable directions to the prisoner that are necessary for the proper administration of a direction under subsection (2) .\n(sec.200A-ssec.4) A direction under this section must not be inconsistent with a condition of the prisoner’s parole order.\n- (a) to enable the movements of a prisoner who is subject to a parole order to be restricted; and\n- (b) to enable the location of the prisoner to be monitored.\n- (a) to remain at a stated place for stated periods; or\n- (b) to wear a stated device; or\n- (c) to permit the installation of any device or equipment at a stated place, including, for example, the place where the prisoner resides.","sortOrder":321},{"sectionNumber":"ch.5-pt.1-div.5","sectionType":"division","heading":"Amending, suspending or cancelling parole order","content":"## Amending, suspending or cancelling parole order","sortOrder":322},{"sectionNumber":"sec.201","sectionType":"section","heading":"Chief executive may amend parole order","content":"### sec.201 Chief executive may amend parole order\n\nThe chief executive may, by written order, amend a prisoner’s parole order if the chief executive reasonably believes the prisoner—\nhas failed to comply with the parole order; or\nposes a serious and immediate risk of self harm; or\nposes an unacceptable risk of committing an offence.\nthe addition of a condition imposing a curfew for the prisoner\nThe written order has effect for the period of not more than 28 days, stated in the order, starting on the day the order is given to the prisoner.\ns 201 sub 2017 No. 15 s 9\namd 2024 No. 25 s 3 sch 1\n(sec.201-ssec.1) The chief executive may, by written order, amend a prisoner’s parole order if the chief executive reasonably believes the prisoner— has failed to comply with the parole order; or poses a serious and immediate risk of self harm; or poses an unacceptable risk of committing an offence. the addition of a condition imposing a curfew for the prisoner\n(sec.201-ssec.2) The written order has effect for the period of not more than 28 days, stated in the order, starting on the day the order is given to the prisoner.\n- (a) has failed to comply with the parole order; or\n- (b) poses a serious and immediate risk of self harm; or\n- (c) poses an unacceptable risk of committing an offence.","sortOrder":323},{"sectionNumber":"sec.202","sectionType":"section","heading":"Parole board may cancel amendment","content":"### sec.202 Parole board may cancel amendment\n\nIf the chief executive makes an order under section 201 amending a parole order, the chief executive must give the secretariat written notice of the grounds for making the order.\nThe written notice must be given to the secretariat immediately after the order is made.\nThe chief executive must give the parole board any further information about the amendment requested by the board.\nThe parole board may, at any time, cancel the order.\ns 202 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )\nsub 2017 No. 15 s 9\n(sec.202-ssec.1) If the chief executive makes an order under section 201 amending a parole order, the chief executive must give the secretariat written notice of the grounds for making the order.\n(sec.202-ssec.2) The written notice must be given to the secretariat immediately after the order is made.\n(sec.202-ssec.3) The chief executive must give the parole board any further information about the amendment requested by the board.\n(sec.202-ssec.4) The parole board may, at any time, cancel the order.","sortOrder":324},{"sectionNumber":"sec.203","sectionType":"section","heading":null,"content":"### Section sec.203\n\ns 203 om 2017 No. 15 s 9","sortOrder":325},{"sectionNumber":"sec.204","sectionType":"section","heading":null,"content":"### Section sec.204\n\ns 204 om 2017 No. 15 s 24 sch 1","sortOrder":326},{"sectionNumber":"sec.205","sectionType":"section","heading":"Amendment, suspension or cancellation","content":"### sec.205 Amendment, suspension or cancellation\n\nThe parole board may, by written order, amend a parole order—\nby amending or removing a condition imposed under section 200 (3) if the board reasonably believes—\nthe condition, as amended, is necessary for a purpose mentioned in the subsection; or\nthe condition is no longer necessary for a purpose mentioned in the subsection; or\nby inserting a condition mentioned in section 200 (3) if the board reasonably believes the condition is necessary for a purpose mentioned in the subsection; or\nif the board reasonably believes the prisoner poses a serious risk of self harm.\nThe parole board may, by written order—\namend, suspend or cancel a parole order if the board reasonably believes the prisoner subject to the parole order—\nhas failed to comply with the parole order; or\nposes a serious risk of harm to someone else; or\nposes an unacceptable risk of committing an offence; or\nis preparing to leave Queensland, other than under a written order granting the prisoner leave to travel interstate or overseas; or\namend, suspend or cancel a parole order, other than a court ordered parole order, if the board receives information that, had it been received before the parole order was made, would have resulted in the board making a different parole order or not making a parole order; or\namend or suspend a parole order if the prisoner subject to the parole order is charged with committing an offence; or\nsuspend or cancel a parole order if the board reasonably believes the prisoner subject to the parole order poses a risk of carrying out a terrorist act.\nIf practicable, the parole board must, before amending a prisoner’s parole order, give the prisoner an information notice and a reasonable opportunity to be heard on the proposed amendment.\nThe parole board is not required to give the prisoner an information notice or a reasonable opportunity to be heard if the parole board suspends or cancels the prisoner’s parole order.\nA written order amending, suspending or cancelling a parole order has effect from when it is made by the parole board.\nIn this section—\ninformation notice means a notice—\nstating the parole board is proposing to amend the parole order; and\nadvising the reason for the proposed action; and\ninviting the prisoner to show cause, by written submissions given to the board within 21 days after the notice is given, why the board should not take the proposed action.\ns 205 amd 2009 No. 30 s 27 ; 2017 No. 15 s 24 sch 1 ; 2019 No. 10 s 14 ; 2024 No. 25 s 3 sch 1\n(sec.205-ssec.1) The parole board may, by written order, amend a parole order— by amending or removing a condition imposed under section 200 (3) if the board reasonably believes— the condition, as amended, is necessary for a purpose mentioned in the subsection; or the condition is no longer necessary for a purpose mentioned in the subsection; or by inserting a condition mentioned in section 200 (3) if the board reasonably believes the condition is necessary for a purpose mentioned in the subsection; or if the board reasonably believes the prisoner poses a serious risk of self harm.\n(sec.205-ssec.2) The parole board may, by written order— amend, suspend or cancel a parole order if the board reasonably believes the prisoner subject to the parole order— has failed to comply with the parole order; or poses a serious risk of harm to someone else; or poses an unacceptable risk of committing an offence; or is preparing to leave Queensland, other than under a written order granting the prisoner leave to travel interstate or overseas; or amend, suspend or cancel a parole order, other than a court ordered parole order, if the board receives information that, had it been received before the parole order was made, would have resulted in the board making a different parole order or not making a parole order; or amend or suspend a parole order if the prisoner subject to the parole order is charged with committing an offence; or suspend or cancel a parole order if the board reasonably believes the prisoner subject to the parole order poses a risk of carrying out a terrorist act.\n(sec.205-ssec.3) If practicable, the parole board must, before amending a prisoner’s parole order, give the prisoner an information notice and a reasonable opportunity to be heard on the proposed amendment.\n(sec.205-ssec.4) The parole board is not required to give the prisoner an information notice or a reasonable opportunity to be heard if the parole board suspends or cancels the prisoner’s parole order.\n(sec.205-ssec.5) A written order amending, suspending or cancelling a parole order has effect from when it is made by the parole board.\n(sec.205-ssec.6) In this section— information notice means a notice— stating the parole board is proposing to amend the parole order; and advising the reason for the proposed action; and inviting the prisoner to show cause, by written submissions given to the board within 21 days after the notice is given, why the board should not take the proposed action.\n- (a) by amending or removing a condition imposed under section 200 (3) if the board reasonably believes— (i) the condition, as amended, is necessary for a purpose mentioned in the subsection; or (ii) the condition is no longer necessary for a purpose mentioned in the subsection; or\n- (i) the condition, as amended, is necessary for a purpose mentioned in the subsection; or\n- (ii) the condition is no longer necessary for a purpose mentioned in the subsection; or\n- (b) by inserting a condition mentioned in section 200 (3) if the board reasonably believes the condition is necessary for a purpose mentioned in the subsection; or\n- (c) if the board reasonably believes the prisoner poses a serious risk of self harm.\n- (i) the condition, as amended, is necessary for a purpose mentioned in the subsection; or\n- (ii) the condition is no longer necessary for a purpose mentioned in the subsection; or\n- (a) amend, suspend or cancel a parole order if the board reasonably believes the prisoner subject to the parole order— (i) has failed to comply with the parole order; or (ii) poses a serious risk of harm to someone else; or (iii) poses an unacceptable risk of committing an offence; or (iv) is preparing to leave Queensland, other than under a written order granting the prisoner leave to travel interstate or overseas; or\n- (i) has failed to comply with the parole order; or\n- (ii) poses a serious risk of harm to someone else; or\n- (iii) poses an unacceptable risk of committing an offence; or\n- (iv) is preparing to leave Queensland, other than under a written order granting the prisoner leave to travel interstate or overseas; or\n- (b) amend, suspend or cancel a parole order, other than a court ordered parole order, if the board receives information that, had it been received before the parole order was made, would have resulted in the board making a different parole order or not making a parole order; or\n- (c) amend or suspend a parole order if the prisoner subject to the parole order is charged with committing an offence; or\n- (d) suspend or cancel a parole order if the board reasonably believes the prisoner subject to the parole order poses a risk of carrying out a terrorist act.\n- (i) has failed to comply with the parole order; or\n- (ii) poses a serious risk of harm to someone else; or\n- (iii) poses an unacceptable risk of committing an offence; or\n- (iv) is preparing to leave Queensland, other than under a written order granting the prisoner leave to travel interstate or overseas; or\n- (a) stating the parole board is proposing to amend the parole order; and\n- (b) advising the reason for the proposed action; and\n- (c) inviting the prisoner to show cause, by written submissions given to the board within 21 days after the notice is given, why the board should not take the proposed action.","sortOrder":327},{"sectionNumber":"sec.206","sectionType":"section","heading":"Warrant for prisoner’s arrest","content":"### sec.206 Warrant for prisoner’s arrest\n\nIf the parole board suspends or cancels a prisoner’s parole order—\nthe board may issue a warrant, signed by a board member or an officer of the secretariat prescribed by regulation, for the prisoner’s arrest; or\na magistrate, on the application of the board or a board member, may issue a warrant for the prisoner’s arrest.\nThe warrant may be directed to all police officers.\nSee also the Police Powers and Responsibilities Act 2000 , section 798 .\nWhen arrested, the prisoner must be taken to a prison—\nif the order was suspended—to be kept there for the suspension period; or\nif the order was cancelled—to serve the unexpired portion of the prisoner’s period of imprisonment.\nSee section 112 for the power of the parole board, a magistrate or the chief executive, on the application of a corrective services officer, to issue a warrant for a prisoner’s arrest if the prisoner is unlawfully at large and the prisoner’s parole order is suspended or cancelled.\nSee section 112 (1) (a) for the power of a corrective services officer to arrest a prisoner without warrant if the prisoner is unlawfully at large and the prisoner’s parole order is suspended or cancelled.\ns 206 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2017 No. 15 s 24 sch 1 ; 2020 No. 23 s 29\n(sec.206-ssec.1) If the parole board suspends or cancels a prisoner’s parole order— the board may issue a warrant, signed by a board member or an officer of the secretariat prescribed by regulation, for the prisoner’s arrest; or a magistrate, on the application of the board or a board member, may issue a warrant for the prisoner’s arrest.\n(sec.206-ssec.2) The warrant may be directed to all police officers. See also the Police Powers and Responsibilities Act 2000 , section 798 .\n(sec.206-ssec.3) When arrested, the prisoner must be taken to a prison— if the order was suspended—to be kept there for the suspension period; or if the order was cancelled—to serve the unexpired portion of the prisoner’s period of imprisonment. See section 112 for the power of the parole board, a magistrate or the chief executive, on the application of a corrective services officer, to issue a warrant for a prisoner’s arrest if the prisoner is unlawfully at large and the prisoner’s parole order is suspended or cancelled. See section 112 (1) (a) for the power of a corrective services officer to arrest a prisoner without warrant if the prisoner is unlawfully at large and the prisoner’s parole order is suspended or cancelled.\n- (a) the board may issue a warrant, signed by a board member or an officer of the secretariat prescribed by regulation, for the prisoner’s arrest; or\n- (b) a magistrate, on the application of the board or a board member, may issue a warrant for the prisoner’s arrest.\n- (a) if the order was suspended—to be kept there for the suspension period; or\n- (b) if the order was cancelled—to serve the unexpired portion of the prisoner’s period of imprisonment.\n- 1 See section 112 for the power of the parole board, a magistrate or the chief executive, on the application of a corrective services officer, to issue a warrant for a prisoner’s arrest if the prisoner is unlawfully at large and the prisoner’s parole order is suspended or cancelled.\n- 2 See section 112 (1) (a) for the power of a corrective services officer to arrest a prisoner without warrant if the prisoner is unlawfully at large and the prisoner’s parole order is suspended or cancelled.","sortOrder":328},{"sectionNumber":"sec.207","sectionType":"section","heading":null,"content":"### Section sec.207\n\ns 207 om 2017 No. 15 s 24 sch 1","sortOrder":329},{"sectionNumber":"sec.208","sectionType":"section","heading":"Reconsidering decision to suspend or cancel parole order","content":"### sec.208 Reconsidering decision to suspend or cancel parole order\n\nIf the parole board makes a written order suspending or cancelling a prisoner’s parole order, the board must give the prisoner an information notice on the prisoner’s return to prison.\nThe parole board must consider all properly made submissions and inform the prisoner, by written notice, whether the board has changed its decision and, if so, how.\nIf the board changes its decision, the changed decision has effect on the day, not more than 14 days after the day the changed decision is made, stated in the written notice.\nIn this section—\ninformation notice means a notice—\nstating the parole board has decided to suspend or cancel the parole order; and\nadvising the reason for the decision; and\ninviting the prisoner to show cause, by written submissions given to the board within 21 days after the notice is given, why the board should change its decision.\nproperly made submissions means written submissions given by or for the prisoner to the parole board within 21 days after the information notice inviting the prisoner to make the submissions is given.\ns 208 amd 2009 No. 30 s 28 ; 2017 No. 15 s 24 sch 1 ; 2020 No. 23 s 30 ; 2024 No. 33 s 2E\n(sec.208-ssec.1) If the parole board makes a written order suspending or cancelling a prisoner’s parole order, the board must give the prisoner an information notice on the prisoner’s return to prison.\n(sec.208-ssec.2) The parole board must consider all properly made submissions and inform the prisoner, by written notice, whether the board has changed its decision and, if so, how.\n(sec.208-ssec.3) If the board changes its decision, the changed decision has effect on the day, not more than 14 days after the day the changed decision is made, stated in the written notice.\n(sec.208-ssec.4) In this section— information notice means a notice— stating the parole board has decided to suspend or cancel the parole order; and advising the reason for the decision; and inviting the prisoner to show cause, by written submissions given to the board within 21 days after the notice is given, why the board should change its decision. properly made submissions means written submissions given by or for the prisoner to the parole board within 21 days after the information notice inviting the prisoner to make the submissions is given.\n- (a) stating the parole board has decided to suspend or cancel the parole order; and\n- (b) advising the reason for the decision; and\n- (c) inviting the prisoner to show cause, by written submissions given to the board within 21 days after the notice is given, why the board should change its decision.","sortOrder":330},{"sectionNumber":"sec.208A","sectionType":"section","heading":"Request for immediate suspension of parole order","content":"### sec.208A Request for immediate suspension of parole order\n\nThis section applies if the chief executive reasonably believes that a prisoner the subject of a parole order—\nhas failed to comply with the parole order; or\nposes a serious and immediate risk of harm to another person; or\nposes an unacceptable risk of committing an offence; or\nis preparing to leave the State, other than under a written order granting the prisoner leave to travel interstate or overseas; or\nposes a risk of carrying out a terrorist act.\nThe chief executive may, by written notice given to the secretariat, ask the parole board to—\nsuspend the parole order; and\nissue a warrant for the prisoner’s arrest.\nThe notice must state the grounds on which the request is made.\ns 208A ins 2017 No. 15 s 11\namd 2019 No. 10 s 15\n(sec.208A-ssec.1) This section applies if the chief executive reasonably believes that a prisoner the subject of a parole order— has failed to comply with the parole order; or poses a serious and immediate risk of harm to another person; or poses an unacceptable risk of committing an offence; or is preparing to leave the State, other than under a written order granting the prisoner leave to travel interstate or overseas; or poses a risk of carrying out a terrorist act.\n(sec.208A-ssec.2) The chief executive may, by written notice given to the secretariat, ask the parole board to— suspend the parole order; and issue a warrant for the prisoner’s arrest.\n(sec.208A-ssec.3) The notice must state the grounds on which the request is made.\n- (a) has failed to comply with the parole order; or\n- (b) poses a serious and immediate risk of harm to another person; or\n- (c) poses an unacceptable risk of committing an offence; or\n- (d) is preparing to leave the State, other than under a written order granting the prisoner leave to travel interstate or overseas; or\n- (e) poses a risk of carrying out a terrorist act.\n- (a) suspend the parole order; and\n- (b) issue a warrant for the prisoner’s arrest.","sortOrder":331},{"sectionNumber":"sec.208B","sectionType":"section","heading":"Decision on request for immediate suspension of parole order","content":"### sec.208B Decision on request for immediate suspension of parole order\n\nIf a request is made under section 208A , the parole board or a prescribed board member must as soon as practicable consider the request.\nHowever, the parole board or a prescribed board member may decide the priority for considering requests made under section 208A , having regard to the seriousness of the nature of the grounds on which the requests are made.\nIf the parole board considers the request, the parole board must decide whether to suspend or cancel the parole order.\nIf a prescribed board member considers the request, the prescribed board member must decide whether to suspend the parole order.\nThe parole board may decide to suspend or cancel the parole order, or the prescribed board member may decide to suspend the parole order, only if the parole board or member reasonably believes the prisoner—\nhas failed to comply with the parole order; or\nposes a serious and immediate risk of harm to another person; or\nposes an unacceptable risk of committing an offence; or\nis preparing to leave the State, other than under a written order granting the prisoner leave to travel interstate or overseas; or\nposes a risk of carrying out a terrorist act.\nIf the parole board considers the request, the decision whether or not to suspend or cancel the parole order is taken to have been made under section 205 (2) .\nIf the parole board decides not to suspend or cancel the parole order, or the prescribed board member decides not to suspend the parole order, the parole board or member must give the chief executive written notice of the decision.\nIf the prescribed board member decides to suspend the parole order, the member may—\nby written order, suspend the parole order; and\nissue a warrant, signed by the member or an officer of the secretariat, for the prisoner’s arrest.\nThe order has effect from when it is made.\nThe warrant may be directed to all police officers.\nWhen arrested, the prisoner must be taken to a prison—\nif the order was suspended—to be kept there for the suspension period; or\nif the order was cancelled—to serve the unexpired portion of the prisoner’s period of imprisonment.\nSee section 112 for the power of the parole board, a magistrate or the chief executive, on the application of a corrective services officer, to issue a warrant for a prisoner’s arrest if the prisoner is unlawfully at large and the prisoner’s parole order is suspended.\nSee section 112 (1) (a) for the power of a corrective services officer to arrest a prisoner without warrant if the prisoner is unlawfully at large and the prisoner’s parole order is suspended.\ns 208B ins 2017 No. 15 s 11\nsub 2018 No. 20 s 7\namd 2019 No. 10 s 16 ; 2020 No. 23 s 31\n(sec.208B-ssec.1) If a request is made under section 208A , the parole board or a prescribed board member must as soon as practicable consider the request.\n(sec.208B-ssec.2) However, the parole board or a prescribed board member may decide the priority for considering requests made under section 208A , having regard to the seriousness of the nature of the grounds on which the requests are made.\n(sec.208B-ssec.3) If the parole board considers the request, the parole board must decide whether to suspend or cancel the parole order.\n(sec.208B-ssec.4) If a prescribed board member considers the request, the prescribed board member must decide whether to suspend the parole order.\n(sec.208B-ssec.5) The parole board may decide to suspend or cancel the parole order, or the prescribed board member may decide to suspend the parole order, only if the parole board or member reasonably believes the prisoner— has failed to comply with the parole order; or poses a serious and immediate risk of harm to another person; or poses an unacceptable risk of committing an offence; or is preparing to leave the State, other than under a written order granting the prisoner leave to travel interstate or overseas; or poses a risk of carrying out a terrorist act.\n(sec.208B-ssec.6) If the parole board considers the request, the decision whether or not to suspend or cancel the parole order is taken to have been made under section 205 (2) .\n(sec.208B-ssec.7) If the parole board decides not to suspend or cancel the parole order, or the prescribed board member decides not to suspend the parole order, the parole board or member must give the chief executive written notice of the decision.\n(sec.208B-ssec.8) If the prescribed board member decides to suspend the parole order, the member may— by written order, suspend the parole order; and issue a warrant, signed by the member or an officer of the secretariat, for the prisoner’s arrest.\n(sec.208B-ssec.9) The order has effect from when it is made.\n(sec.208B-ssec.10) The warrant may be directed to all police officers.\n(sec.208B-ssec.11) When arrested, the prisoner must be taken to a prison— if the order was suspended—to be kept there for the suspension period; or if the order was cancelled—to serve the unexpired portion of the prisoner’s period of imprisonment.\n- (a) has failed to comply with the parole order; or\n- (b) poses a serious and immediate risk of harm to another person; or\n- (c) poses an unacceptable risk of committing an offence; or\n- (d) is preparing to leave the State, other than under a written order granting the prisoner leave to travel interstate or overseas; or\n- (e) poses a risk of carrying out a terrorist act.\n- (a) by written order, suspend the parole order; and\n- (b) issue a warrant, signed by the member or an officer of the secretariat, for the prisoner’s arrest.\n- (a) if the order was suspended—to be kept there for the suspension period; or\n- (b) if the order was cancelled—to serve the unexpired portion of the prisoner’s period of imprisonment.\n- 1 See section 112 for the power of the parole board, a magistrate or the chief executive, on the application of a corrective services officer, to issue a warrant for a prisoner’s arrest if the prisoner is unlawfully at large and the prisoner’s parole order is suspended.\n- 2 See section 112 (1) (a) for the power of a corrective services officer to arrest a prisoner without warrant if the prisoner is unlawfully at large and the prisoner’s parole order is suspended.","sortOrder":332},{"sectionNumber":"sec.208C","sectionType":"section","heading":"Parole board must consider decision of prescribed board member","content":"### sec.208C Parole board must consider decision of prescribed board member\n\nIf a prescribed board member makes a decision under section 208B in relation to a parole order, the parole board must, within 2 business days of the decision being made—\nconfirm the decision; or\nfor a decision not to suspend a parole order—set aside the decision and substitute its own decision to suspend or cancel the parole order; or\nfor a decision to suspend the parole order—\nset aside the decision and substitute its own decision to cancel the parole order; or\nset aside the decision.\nSubsection (3) applies if—\nboth of the following apply—\nthe prescribed board member’s decision was to suspend the parole order;\nthe parole board decides to confirm the decision; or\nthe parole board sets aside the prescribed board member’s decision and substitutes its own decision to suspend or cancel the parole order.\nThe parole board’s decision is taken to be a decision to suspend or cancel a parole order under section 205 (2) .\nSubsections (5) to (7) apply if—\nthe prescribed board member’s decision was to suspend the parole order; and\nthe parole board decides to set aside the decision under subsection (1) (c) (ii) .\nThe suspension, and any warrant issued by the prescribed board member under section 208B (8) (b) in relation to the member’s decision, stop having effect.\nIf a warrant mentioned in subsection (5) has been executed, the prisoner must be released.\nFor this Act, the prisoner is taken not to have been unlawfully at large for the period—\nstarting when the order was made by the prescribed board member under section 208B ; and\nending when the parole board decided to set aside the prescribed board member’s decision.\ns 208C ins 2017 No. 15 s 11\namd 2018 No. 20 s 8 ; 2020 No. 23 s 32\nsub 2025 No. 12 s 3\n(sec.208C-ssec.1) If a prescribed board member makes a decision under section 208B in relation to a parole order, the parole board must, within 2 business days of the decision being made— confirm the decision; or for a decision not to suspend a parole order—set aside the decision and substitute its own decision to suspend or cancel the parole order; or for a decision to suspend the parole order— set aside the decision and substitute its own decision to cancel the parole order; or set aside the decision.\n(sec.208C-ssec.2) Subsection (3) applies if— both of the following apply— the prescribed board member’s decision was to suspend the parole order; the parole board decides to confirm the decision; or the parole board sets aside the prescribed board member’s decision and substitutes its own decision to suspend or cancel the parole order.\n(sec.208C-ssec.3) The parole board’s decision is taken to be a decision to suspend or cancel a parole order under section 205 (2) .\n(sec.208C-ssec.4) Subsections (5) to (7) apply if— the prescribed board member’s decision was to suspend the parole order; and the parole board decides to set aside the decision under subsection (1) (c) (ii) .\n(sec.208C-ssec.5) The suspension, and any warrant issued by the prescribed board member under section 208B (8) (b) in relation to the member’s decision, stop having effect.\n(sec.208C-ssec.6) If a warrant mentioned in subsection (5) has been executed, the prisoner must be released.\n(sec.208C-ssec.7) For this Act, the prisoner is taken not to have been unlawfully at large for the period— starting when the order was made by the prescribed board member under section 208B ; and ending when the parole board decided to set aside the prescribed board member’s decision.\n- (a) confirm the decision; or\n- (b) for a decision not to suspend a parole order—set aside the decision and substitute its own decision to suspend or cancel the parole order; or\n- (c) for a decision to suspend the parole order— (i) set aside the decision and substitute its own decision to cancel the parole order; or (ii) set aside the decision.\n- (i) set aside the decision and substitute its own decision to cancel the parole order; or\n- (ii) set aside the decision.\n- (i) set aside the decision and substitute its own decision to cancel the parole order; or\n- (ii) set aside the decision.\n- (a) both of the following apply— (i) the prescribed board member’s decision was to suspend the parole order; (ii) the parole board decides to confirm the decision; or\n- (i) the prescribed board member’s decision was to suspend the parole order;\n- (ii) the parole board decides to confirm the decision; or\n- (b) the parole board sets aside the prescribed board member’s decision and substitutes its own decision to suspend or cancel the parole order.\n- (i) the prescribed board member’s decision was to suspend the parole order;\n- (ii) the parole board decides to confirm the decision; or\n- (a) the prescribed board member’s decision was to suspend the parole order; and\n- (b) the parole board decides to set aside the decision under subsection (1) (c) (ii) .\n- (a) starting when the order was made by the prescribed board member under section 208B ; and\n- (b) ending when the parole board decided to set aside the prescribed board member’s decision.","sortOrder":333},{"sectionNumber":"sec.209","sectionType":"section","heading":"Automatic cancellation of order by further imprisonment","content":"### sec.209 Automatic cancellation of order by further imprisonment\n\nIf a prisoner is sentenced to another period of imprisonment for an offence committed, in Queensland or elsewhere, during the period of the prisoner’s parole order, the order is taken to have been automatically cancelled on the date on which the offence occurred.\nSubsection (1) applies—\nwhether or not the prisoner is sentenced to the other period of imprisonment before or after the parole order has expired; and\nsubject to section 205 .\nSee sections 211 and 215 for the effect of the cancellation.\nHowever, subsection (1) does not apply if—\nthe prisoner is required to serve the period of imprisonment mentioned in the subsection in default of—\npaying a fine or another amount required to be paid under a court order; or\nmaking restitution required to be made under a court order; or\nthe period of imprisonment mentioned in the subsection—\nis required to be served under an intensive correction order; or\nis wholly suspended under the Penalties and Sentences Act 1992 , part 8 ; or\nis required to be served until the court rises.\ns 209 amd 2007 No. 37 s 41 ; 2009 No. 30 s 29 ; 2013 No. 29 s 59F ; 2020 No. 23 ss 33 , 69 sch 1 pt 1\n(sec.209-ssec.1) If a prisoner is sentenced to another period of imprisonment for an offence committed, in Queensland or elsewhere, during the period of the prisoner’s parole order, the order is taken to have been automatically cancelled on the date on which the offence occurred.\n(sec.209-ssec.2) Subsection (1) applies— whether or not the prisoner is sentenced to the other period of imprisonment before or after the parole order has expired; and subject to section 205 . See sections 211 and 215 for the effect of the cancellation.\n(sec.209-ssec.3) However, subsection (1) does not apply if— the prisoner is required to serve the period of imprisonment mentioned in the subsection in default of— paying a fine or another amount required to be paid under a court order; or making restitution required to be made under a court order; or the period of imprisonment mentioned in the subsection— is required to be served under an intensive correction order; or is wholly suspended under the Penalties and Sentences Act 1992 , part 8 ; or is required to be served until the court rises.\n- (a) whether or not the prisoner is sentenced to the other period of imprisonment before or after the parole order has expired; and\n- (b) subject to section 205 .\n- (a) the prisoner is required to serve the period of imprisonment mentioned in the subsection in default of— (i) paying a fine or another amount required to be paid under a court order; or (ii) making restitution required to be made under a court order; or\n- (i) paying a fine or another amount required to be paid under a court order; or\n- (ii) making restitution required to be made under a court order; or\n- (b) the period of imprisonment mentioned in the subsection— (i) is required to be served under an intensive correction order; or (ii) is wholly suspended under the Penalties and Sentences Act 1992 , part 8 ; or (iii) is required to be served until the court rises.\n- (i) is required to be served under an intensive correction order; or\n- (ii) is wholly suspended under the Penalties and Sentences Act 1992 , part 8 ; or\n- (iii) is required to be served until the court rises.\n- (i) paying a fine or another amount required to be paid under a court order; or\n- (ii) making restitution required to be made under a court order; or\n- (i) is required to be served under an intensive correction order; or\n- (ii) is wholly suspended under the Penalties and Sentences Act 1992 , part 8 ; or\n- (iii) is required to be served until the court rises.","sortOrder":334},{"sectionNumber":"sec.210","sectionType":"section","heading":"Warrant for prisoner’s arrest","content":"### sec.210 Warrant for prisoner’s arrest\n\nIf a prisoner’s parole order is automatically cancelled under section 209 —\nthe parole board may issue a warrant, signed by a board member or an officer of the secretariat, for the prisoner’s arrest; or\na magistrate, on the application of the parole board or a board member, may issue a warrant for the prisoner’s arrest.\nThe warrant may be directed to all police officers.\nSee also the Police Powers and Responsibilities Act 2000 , section 798 .\nWhen arrested, the prisoner must be taken to a prison to serve the unexpired portion of the prisoner’s period of imprisonment.\nSee section 112 for the power of the parole board, a magistrate or the chief executive, on the application of a corrective services officer, to issue a warrant for a prisoner’s arrest if the prisoner is unlawfully at large and the prisoner’s parole order is cancelled.\nSee section 112 (1) (a) for the power of a corrective services officer to arrest a prisoner without warrant if the prisoner is unlawfully at large and the prisoner’s parole order is cancelled.\ns 210 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2017 No. 15 s 24 sch 1 ; 2020 No. 23 s 34\n(sec.210-ssec.1) If a prisoner’s parole order is automatically cancelled under section 209 — the parole board may issue a warrant, signed by a board member or an officer of the secretariat, for the prisoner’s arrest; or a magistrate, on the application of the parole board or a board member, may issue a warrant for the prisoner’s arrest.\n(sec.210-ssec.2) The warrant may be directed to all police officers. See also the Police Powers and Responsibilities Act 2000 , section 798 .\n(sec.210-ssec.3) When arrested, the prisoner must be taken to a prison to serve the unexpired portion of the prisoner’s period of imprisonment. See section 112 for the power of the parole board, a magistrate or the chief executive, on the application of a corrective services officer, to issue a warrant for a prisoner’s arrest if the prisoner is unlawfully at large and the prisoner’s parole order is cancelled. See section 112 (1) (a) for the power of a corrective services officer to arrest a prisoner without warrant if the prisoner is unlawfully at large and the prisoner’s parole order is cancelled.\n- (a) the parole board may issue a warrant, signed by a board member or an officer of the secretariat, for the prisoner’s arrest; or\n- (b) a magistrate, on the application of the parole board or a board member, may issue a warrant for the prisoner’s arrest.\n- 1 See section 112 for the power of the parole board, a magistrate or the chief executive, on the application of a corrective services officer, to issue a warrant for a prisoner’s arrest if the prisoner is unlawfully at large and the prisoner’s parole order is cancelled.\n- 2 See section 112 (1) (a) for the power of a corrective services officer to arrest a prisoner without warrant if the prisoner is unlawfully at large and the prisoner’s parole order is cancelled.","sortOrder":335},{"sectionNumber":"sec.211","sectionType":"section","heading":"Effect of cancellation","content":"### sec.211 Effect of cancellation\n\nThis section applies if a prisoner’s parole order is cancelled—\nunder section 205 (2) (a) (i) because the prisoner failed to comply with the parole order; or\nunder section 205 (2) (a) (ii) because the prisoner posed a serious risk of harm to someone else; or\nunder section 205 (2) (a) (iii) because the prisoner posed an unacceptable risk of committing an offence; or\nunder section 205 (2) (a) (iv) because the prisoner was preparing to leave Queensland, other than under a written order granting the prisoner leave to travel interstate or overseas; or\nunder section 205 (2) (b) because the parole board received information that, had it been received before the parole order was made, would have resulted in the parole board making a different parole order or not making the parole order; or\nunder section 209 because the prisoner was sentenced to another term of imprisonment for an offence committed, in Queensland or elsewhere, during the period of the parole order.\nFor subsection (1) (a) , (b) , (c) and (d) , see also sections 208B (6) and 208C (3) .\nThe time for which the prisoner was released on parole before one of the following events happens counts as time served under the prisoner’s period of imprisonment—\nthe prisoner failed to comply with the parole order as mentioned in subsection (1) (a) ;\nthe parole order was cancelled for the reason mentioned in subsection (1) (b) , (c) , (d) or (e) ;\nthe prisoner committed the offence mentioned in subsection (1) (f) .\nDespite section 206 (3) (b) , the parole board may, by written order, direct that the prisoner serve only part of the unexpired portion of the prisoner’s period of imprisonment.\ns 211 amd 2017 No. 15 s 24 sch 1 ; 2020 No. 23 s 35 ; 2025 No. 12 s 4\n(sec.211-ssec.1) This section applies if a prisoner’s parole order is cancelled— under section 205 (2) (a) (i) because the prisoner failed to comply with the parole order; or under section 205 (2) (a) (ii) because the prisoner posed a serious risk of harm to someone else; or under section 205 (2) (a) (iii) because the prisoner posed an unacceptable risk of committing an offence; or under section 205 (2) (a) (iv) because the prisoner was preparing to leave Queensland, other than under a written order granting the prisoner leave to travel interstate or overseas; or under section 205 (2) (b) because the parole board received information that, had it been received before the parole order was made, would have resulted in the parole board making a different parole order or not making the parole order; or under section 209 because the prisoner was sentenced to another term of imprisonment for an offence committed, in Queensland or elsewhere, during the period of the parole order. For subsection (1) (a) , (b) , (c) and (d) , see also sections 208B (6) and 208C (3) .\n(sec.211-ssec.2) The time for which the prisoner was released on parole before one of the following events happens counts as time served under the prisoner’s period of imprisonment— the prisoner failed to comply with the parole order as mentioned in subsection (1) (a) ; the parole order was cancelled for the reason mentioned in subsection (1) (b) , (c) , (d) or (e) ; the prisoner committed the offence mentioned in subsection (1) (f) .\n(sec.211-ssec.3) Despite section 206 (3) (b) , the parole board may, by written order, direct that the prisoner serve only part of the unexpired portion of the prisoner’s period of imprisonment.\n- (a) under section 205 (2) (a) (i) because the prisoner failed to comply with the parole order; or\n- (b) under section 205 (2) (a) (ii) because the prisoner posed a serious risk of harm to someone else; or\n- (c) under section 205 (2) (a) (iii) because the prisoner posed an unacceptable risk of committing an offence; or\n- (d) under section 205 (2) (a) (iv) because the prisoner was preparing to leave Queensland, other than under a written order granting the prisoner leave to travel interstate or overseas; or\n- (e) under section 205 (2) (b) because the parole board received information that, had it been received before the parole order was made, would have resulted in the parole board making a different parole order or not making the parole order; or\n- (f) under section 209 because the prisoner was sentenced to another term of imprisonment for an offence committed, in Queensland or elsewhere, during the period of the parole order.\n- (a) the prisoner failed to comply with the parole order as mentioned in subsection (1) (a) ;\n- (b) the parole order was cancelled for the reason mentioned in subsection (1) (b) , (c) , (d) or (e) ;\n- (c) the prisoner committed the offence mentioned in subsection (1) (f) .","sortOrder":336},{"sectionNumber":"ch.5-pt.1-div.6","sectionType":"division","heading":"Other provisions about parole orders","content":"## Other provisions about parole orders","sortOrder":337},{"sectionNumber":"sec.212","sectionType":"section","heading":"Travelling interstate while released on parole","content":"### sec.212 Travelling interstate while released on parole\n\nThe chief executive may, by written order, grant leave to a prisoner who is released on parole to travel interstate for a period of not more than 7 days.\nHowever, if the prisoner is subject to a court ordered parole order, the period of leave may be more than 7 days.\nThe parole board may, by written order, grant leave to a prisoner who is released on parole to travel interstate for a period of more than 7 days.\nLeave granted under this section is subject to the conditions the entity granting the leave decides.\ns 212 amd 2017 No. 15 s 24 sch 1\n(sec.212-ssec.1) The chief executive may, by written order, grant leave to a prisoner who is released on parole to travel interstate for a period of not more than 7 days.\n(sec.212-ssec.2) However, if the prisoner is subject to a court ordered parole order, the period of leave may be more than 7 days.\n(sec.212-ssec.3) The parole board may, by written order, grant leave to a prisoner who is released on parole to travel interstate for a period of more than 7 days.\n(sec.212-ssec.4) Leave granted under this section is subject to the conditions the entity granting the leave decides.","sortOrder":338},{"sectionNumber":"sec.213","sectionType":"section","heading":"Travelling overseas while released on parole","content":"### sec.213 Travelling overseas while released on parole\n\nThe parole board may, by written order, grant leave to a prisoner who is released on parole to travel overseas for a stated period for compassionate purposes in exceptional circumstances.\nSee also chapter 2 , part 2 , division 9A .\nLeave granted under this section is subject to the conditions the parole board decides.\ns 213 amd 2009 No. 30 s 3 sch ; 2017 No. 15 s 24 sch 1\n(sec.213-ssec.1) The parole board may, by written order, grant leave to a prisoner who is released on parole to travel overseas for a stated period for compassionate purposes in exceptional circumstances. See also chapter 2 , part 2 , division 9A .\n(sec.213-ssec.2) Leave granted under this section is subject to the conditions the parole board decides.","sortOrder":339},{"sectionNumber":"sec.214","sectionType":"section","heading":"Prisoner released on parole taken to be still serving sentence","content":"### sec.214 Prisoner released on parole taken to be still serving sentence\n\nA prisoner released on parole is taken to be still serving the sentence imposed on the prisoner.","sortOrder":340},{"sectionNumber":"sec.215","sectionType":"section","heading":"Expiry of parole order","content":"### sec.215 Expiry of parole order\n\nA prisoner is taken to have served the prisoner’s period of imprisonment if the prisoner’s parole order expires without being cancelled under section 205 or 209 .","sortOrder":341},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Parole Board Queensland","content":"# Parole Board Queensland","sortOrder":342},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Establishment and functions","content":"## Establishment and functions","sortOrder":343},{"sectionNumber":"sec.216","sectionType":"section","heading":"Establishment","content":"### sec.216 Establishment\n\nThe Parole Board Queensland (the parole board ) is established.\ns 216 sub 2017 No. 15 s 12","sortOrder":344},{"sectionNumber":"sec.217","sectionType":"section","heading":"Functions","content":"### sec.217 Functions\n\nThe functions of the parole board are—\nto decide applications for parole orders, other than court ordered parole orders; and\nto perform other functions given to it under this Act or another Act.\ns 217 amd 2009 No. 30 s 30\nsub 2017 No. 15 s 12\n- (a) to decide applications for parole orders, other than court ordered parole orders; and\n- (b) to perform other functions given to it under this Act or another Act.","sortOrder":345},{"sectionNumber":"sec.217A","sectionType":"section","heading":"Nature of entity","content":"### sec.217A Nature of entity\n\nThe parole board—\ndoes not control funds (and is consequently not a statutory body within the meaning of the Statutory Bodies Financial Arrangements Act 1982 or the Financial Accountability Act 2009 ); and\nis not a public sector entity for the Public Sector Act 2022 , section 8 (2) (s) .\ns 217A ins 2022 No. 34 s 338\nsub 2024 No. 25 s 10\n- (a) does not control funds (and is consequently not a statutory body within the meaning of the Statutory Bodies Financial Arrangements Act 1982 or the Financial Accountability Act 2009 ); and\n- (b) is not a public sector entity for the Public Sector Act 2022 , section 8 (2) (s) .","sortOrder":346},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Powers","content":"## Powers","sortOrder":347},{"sectionNumber":"sec.218","sectionType":"section","heading":"Powers generally","content":"### sec.218 Powers generally\n\nThe parole board has the power to do anything necessary or convenient to be done in performing its functions under this or another Act.\ns 218 sub 2017 No. 15 s 12","sortOrder":348},{"sectionNumber":"sec.219","sectionType":"section","heading":"Power to require attendance","content":"### sec.219 Power to require attendance\n\nThe parole board may, by written notice (an attendance notice ) given to a person, require the person to attend a meeting of the board at a stated time and stated place—\nto give the board relevant information; or\nto produce a stated document containing relevant information.\nA person given an attendance notice must—\nattend as required by the attendance notice, unless the person has a reasonable excuse; and\ngive the parole board the relevant information a board member requires the person to give, unless the person has a reasonable excuse; and\nproduce a document containing relevant information that the person is required to produce by the attendance notice, unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\nIt is a reasonable excuse for a person to fail to give relevant information or produce a document if giving the information or producing the document may tend to incriminate the person.\nA person required by an attendance notice to attend a meeting of the parole board may attend the meeting by using a contemporaneous communication link between the person and the board.\nIn this section—\nrelevant information means information relating to—\na prisoner’s application for a parole order, other than a court ordered parole order; or\na prisoner’s parole order, including a court ordered parole order.\ns 219 amd 2009 No. 30 s 31 ; 2014 No. 21 s 94 (2) sch 2\nsub 2017 No. 15 s 12\n(sec.219-ssec.1) The parole board may, by written notice (an attendance notice ) given to a person, require the person to attend a meeting of the board at a stated time and stated place— to give the board relevant information; or to produce a stated document containing relevant information.\n(sec.219-ssec.2) A person given an attendance notice must— attend as required by the attendance notice, unless the person has a reasonable excuse; and give the parole board the relevant information a board member requires the person to give, unless the person has a reasonable excuse; and produce a document containing relevant information that the person is required to produce by the attendance notice, unless the person has a reasonable excuse. Maximum penalty—10 penalty units.\n(sec.219-ssec.3) It is a reasonable excuse for a person to fail to give relevant information or produce a document if giving the information or producing the document may tend to incriminate the person.\n(sec.219-ssec.4) A person required by an attendance notice to attend a meeting of the parole board may attend the meeting by using a contemporaneous communication link between the person and the board.\n(sec.219-ssec.5) In this section— relevant information means information relating to— a prisoner’s application for a parole order, other than a court ordered parole order; or a prisoner’s parole order, including a court ordered parole order.\n- (a) to give the board relevant information; or\n- (b) to produce a stated document containing relevant information.\n- (a) attend as required by the attendance notice, unless the person has a reasonable excuse; and\n- (b) give the parole board the relevant information a board member requires the person to give, unless the person has a reasonable excuse; and\n- (c) produce a document containing relevant information that the person is required to produce by the attendance notice, unless the person has a reasonable excuse.\n- (a) a prisoner’s application for a parole order, other than a court ordered parole order; or\n- (b) a prisoner’s parole order, including a court ordered parole order.","sortOrder":349},{"sectionNumber":"sec.220","sectionType":"section","heading":"Expenses of attendance and documents produced","content":"### sec.220 Expenses of attendance and documents produced\n\nIf a person is required by an attendance notice to attend a meeting of the parole board, the secretariat must pay the person’s reasonable expenses of attending the meeting as certified by the board member presiding at the meeting.\nIf the person produces a document under section 219 (2) (c) , the parole board may inspect the document or make copies of it.\ns 220 sub 2017 No. 15 s 12\n(sec.220-ssec.1) If a person is required by an attendance notice to attend a meeting of the parole board, the secretariat must pay the person’s reasonable expenses of attending the meeting as certified by the board member presiding at the meeting.\n(sec.220-ssec.2) If the person produces a document under section 219 (2) (c) , the parole board may inspect the document or make copies of it.","sortOrder":350},{"sectionNumber":"ch.5-pt.2-div.3","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":351},{"sectionNumber":"sec.221","sectionType":"section","heading":"Membership","content":"### sec.221 Membership\n\nThe parole board consists of the following members (each a board member )—\nthe president;\nat least 1 deputy president;\nat least 2 members (each a professional board member ) who have a university or professional qualification that is relevant to the functions of the parole board;\nat least 1 police officer nominated by the commissioner (each a police representative );\nat least 1 public service officer, nominated by the chief executive, who has expertise or experience in the supervision or rehabilitation of offenders (each a public service representative );\nthe required number of other members (each a community board member ), each of whom represents the Queensland community.\nWithout limiting subsection (1) , a qualification in law, criminology, medicine, psychology, behavioural science or social work is a relevant qualification for a professional board member.\nAt least 1 of the professional board members must be an Aboriginal or Torres Strait Islander person.\nAt least 1 of the community board members must be a person who has expertise or experience relevant to victims of crime, including how crimes affect victims and the challenges victims face in interacting with the criminal justice system.\nBoard members mentioned in subsection (1) (a) to (c) and (f) are appointed board members .\nBoard members mentioned in subsection (1) (d) and (e) are permanent board members .\nIn this section—\nrequired number , of community board members, means the number of community board members decided by the Minister for the parole board.\ns 221 sub 2017 No. 15 s 12\namd 2024 No. 25 s 11\n(sec.221-ssec.1) The parole board consists of the following members (each a board member )— the president; at least 1 deputy president; at least 2 members (each a professional board member ) who have a university or professional qualification that is relevant to the functions of the parole board; at least 1 police officer nominated by the commissioner (each a police representative ); at least 1 public service officer, nominated by the chief executive, who has expertise or experience in the supervision or rehabilitation of offenders (each a public service representative ); the required number of other members (each a community board member ), each of whom represents the Queensland community.\n(sec.221-ssec.2) Without limiting subsection (1) , a qualification in law, criminology, medicine, psychology, behavioural science or social work is a relevant qualification for a professional board member.\n(sec.221-ssec.3) At least 1 of the professional board members must be an Aboriginal or Torres Strait Islander person.\n(sec.221-ssec.4) At least 1 of the community board members must be a person who has expertise or experience relevant to victims of crime, including how crimes affect victims and the challenges victims face in interacting with the criminal justice system.\n(sec.221-ssec.5) Board members mentioned in subsection (1) (a) to (c) and (f) are appointed board members .\n(sec.221-ssec.6) Board members mentioned in subsection (1) (d) and (e) are permanent board members .\n(sec.221-ssec.7) In this section— required number , of community board members, means the number of community board members decided by the Minister for the parole board.\n- (a) the president;\n- (b) at least 1 deputy president;\n- (c) at least 2 members (each a professional board member ) who have a university or professional qualification that is relevant to the functions of the parole board;\n- (d) at least 1 police officer nominated by the commissioner (each a police representative );\n- (e) at least 1 public service officer, nominated by the chief executive, who has expertise or experience in the supervision or rehabilitation of offenders (each a public service representative );\n- (f) the required number of other members (each a community board member ), each of whom represents the Queensland community.","sortOrder":352},{"sectionNumber":"sec.222","sectionType":"section","heading":"President and deputy president","content":"### sec.222 President and deputy president\n\nThe president—\nmust be a former judge of a State court, the High Court or a court constituted under a Commonwealth Act; or\nmust have qualifications, experience or standing the Governor in Council considers equivalent to an office mentioned in paragraph (a) .\nEach deputy president—\nmust be a former judge of a State court, the High Court or a court constituted under a Commonwealth Act; or\nmust be a former magistrate; or\nmust have qualifications, experience or standing the Governor in Council considers equivalent to an office mentioned in paragraph (a) or (b) .\nIn this section—\nmagistrate includes a magistrate appointed under the law of another State.\ns 222 sub 2017 No. 15 s 12\n(sec.222-ssec.1) The president— must be a former judge of a State court, the High Court or a court constituted under a Commonwealth Act; or must have qualifications, experience or standing the Governor in Council considers equivalent to an office mentioned in paragraph (a) .\n(sec.222-ssec.2) Each deputy president— must be a former judge of a State court, the High Court or a court constituted under a Commonwealth Act; or must be a former magistrate; or must have qualifications, experience or standing the Governor in Council considers equivalent to an office mentioned in paragraph (a) or (b) .\n(sec.222-ssec.3) In this section— magistrate includes a magistrate appointed under the law of another State.\n- (a) must be a former judge of a State court, the High Court or a court constituted under a Commonwealth Act; or\n- (b) must have qualifications, experience or standing the Governor in Council considers equivalent to an office mentioned in paragraph (a) .\n- (a) must be a former judge of a State court, the High Court or a court constituted under a Commonwealth Act; or\n- (b) must be a former magistrate; or\n- (c) must have qualifications, experience or standing the Governor in Council considers equivalent to an office mentioned in paragraph (a) or (b) .","sortOrder":353},{"sectionNumber":"sec.223","sectionType":"section","heading":"Appointment","content":"### sec.223 Appointment\n\nAppointed board members are appointed by the Governor in Council.\nIn recommending a person to the Governor in Council for appointment, the Minister—\nmust be satisfied the person is appropriately qualified to perform the functions of a board member; and\nfor an appointment as the president or a deputy president—must consult with the parliamentary committee about the proposed appointment; and\nfor an appointment as a community board member or professional board member—\nmust consult with the president about the proposed appointment; and\nmust have regard to ensuring the parole board represents the diversity of the Queensland community; and\nmust have regard to providing for—\nbalanced gender representation in the membership of the parole board; and\nthe representation of Aboriginal people and Torres Strait Islanders in the membership of the parole board.\nBefore recommending a person to the Governor in Council for appointment, the Minister must request the chief executive to assess (under chapter 6 , part 13 , division 2 ) the person’s suitability to perform functions as a board member.\nThe president and the deputy presidents must be appointed on a full-time basis.\nA professional board member may be appointed on a full-time or part-time basis.\nSubsection (2) (b) does not apply to the reappointment of a person as the president or a deputy president.\nIn this section—\nparliamentary committee means—\nif the Legislative Assembly resolves that a particular committee of the Assembly is to be the parliamentary committee under this Act—that committee; or\nif paragraph (a) does not apply and the standing rules and orders under the Parliament of Queensland Act 2001 state that the portfolio area of a portfolio committee includes the parole board—that committee; or\notherwise—the portfolio committee whose portfolio area includes the department, or the part of a department, in which this Act is administered.\nportfolio area , of a portfolio committee, see the Parliament of Queensland Act 2001 , section 88 (2) (b) .\nportfolio committee see the Parliament of Queensland Act 2001 , section 88 (1) .\ns 223 sub 2017 No. 15 s 12\namd 2024 No. 25 s 12\n(sec.223-ssec.1) Appointed board members are appointed by the Governor in Council.\n(sec.223-ssec.2) In recommending a person to the Governor in Council for appointment, the Minister— must be satisfied the person is appropriately qualified to perform the functions of a board member; and for an appointment as the president or a deputy president—must consult with the parliamentary committee about the proposed appointment; and for an appointment as a community board member or professional board member— must consult with the president about the proposed appointment; and must have regard to ensuring the parole board represents the diversity of the Queensland community; and must have regard to providing for— balanced gender representation in the membership of the parole board; and the representation of Aboriginal people and Torres Strait Islanders in the membership of the parole board.\n(sec.223-ssec.3) Before recommending a person to the Governor in Council for appointment, the Minister must request the chief executive to assess (under chapter 6 , part 13 , division 2 ) the person’s suitability to perform functions as a board member.\n(sec.223-ssec.4) The president and the deputy presidents must be appointed on a full-time basis.\n(sec.223-ssec.5) A professional board member may be appointed on a full-time or part-time basis.\n(sec.223-ssec.6) Subsection (2) (b) does not apply to the reappointment of a person as the president or a deputy president.\n(sec.223-ssec.7) In this section— parliamentary committee means— if the Legislative Assembly resolves that a particular committee of the Assembly is to be the parliamentary committee under this Act—that committee; or if paragraph (a) does not apply and the standing rules and orders under the Parliament of Queensland Act 2001 state that the portfolio area of a portfolio committee includes the parole board—that committee; or otherwise—the portfolio committee whose portfolio area includes the department, or the part of a department, in which this Act is administered. portfolio area , of a portfolio committee, see the Parliament of Queensland Act 2001 , section 88 (2) (b) . portfolio committee see the Parliament of Queensland Act 2001 , section 88 (1) .\n- (a) must be satisfied the person is appropriately qualified to perform the functions of a board member; and\n- (b) for an appointment as the president or a deputy president—must consult with the parliamentary committee about the proposed appointment; and\n- (c) for an appointment as a community board member or professional board member— (i) must consult with the president about the proposed appointment; and (ii) must have regard to ensuring the parole board represents the diversity of the Queensland community; and\n- (i) must consult with the president about the proposed appointment; and\n- (ii) must have regard to ensuring the parole board represents the diversity of the Queensland community; and\n- (d) must have regard to providing for— (i) balanced gender representation in the membership of the parole board; and (ii) the representation of Aboriginal people and Torres Strait Islanders in the membership of the parole board.\n- (i) balanced gender representation in the membership of the parole board; and\n- (ii) the representation of Aboriginal people and Torres Strait Islanders in the membership of the parole board.\n- (i) must consult with the president about the proposed appointment; and\n- (ii) must have regard to ensuring the parole board represents the diversity of the Queensland community; and\n- (i) balanced gender representation in the membership of the parole board; and\n- (ii) the representation of Aboriginal people and Torres Strait Islanders in the membership of the parole board.\n- (a) if the Legislative Assembly resolves that a particular committee of the Assembly is to be the parliamentary committee under this Act—that committee; or\n- (b) if paragraph (a) does not apply and the standing rules and orders under the Parliament of Queensland Act 2001 state that the portfolio area of a portfolio committee includes the parole board—that committee; or\n- (c) otherwise—the portfolio committee whose portfolio area includes the department, or the part of a department, in which this Act is administered.","sortOrder":354},{"sectionNumber":"sec.224","sectionType":"section","heading":"Term of appointment","content":"### sec.224 Term of appointment\n\nThe president and each deputy president holds office for the term, not longer than 5 years, stated in the board member’s instrument of appointment.\nAn appointed board member, other than the president or a deputy president, holds office for the term, not longer than 3 years, stated in the member’s instrument of appointment.\nHowever, if a successor has not been appointed by the end of the appointed board member’s term, the member continues to hold office until a successor is appointed.\nAn appointed board member may be reappointed.\nHowever, a person holding office as the president or a deputy president may be reappointed to the office only if—\nno term of appointment is longer than 5 years; and\nthe person does not hold the office for more than 10 years in total.\ns 224 sub 2017 No. 15 s 12\n(sec.224-ssec.1) The president and each deputy president holds office for the term, not longer than 5 years, stated in the board member’s instrument of appointment.\n(sec.224-ssec.2) An appointed board member, other than the president or a deputy president, holds office for the term, not longer than 3 years, stated in the member’s instrument of appointment.\n(sec.224-ssec.3) However, if a successor has not been appointed by the end of the appointed board member’s term, the member continues to hold office until a successor is appointed.\n(sec.224-ssec.4) An appointed board member may be reappointed.\n(sec.224-ssec.5) However, a person holding office as the president or a deputy president may be reappointed to the office only if— no term of appointment is longer than 5 years; and the person does not hold the office for more than 10 years in total.\n- (a) no term of appointment is longer than 5 years; and\n- (b) the person does not hold the office for more than 10 years in total.","sortOrder":355},{"sectionNumber":"sec.225","sectionType":"section","heading":"Conditions of appointment","content":"### sec.225 Conditions of appointment\n\nThe president and each deputy president are to be paid the prescribed salary.\nAn appointed board member, other than the president or a deputy president, is to be paid the remuneration and allowances decided by the Governor in Council.\nAn appointed board member holds office on the terms, not otherwise provided for by this Act, decided by the Governor in Council.\nAn appointed board member is appointed under this Act and not the Public Sector Act 2022 .\nThe president or the Minister may ask the chief executive to assess (under chapter 6 , part 13 , division 2 ) the suitability of a person to continue to perform functions as a board member.\ns 225 sub 2017 No. 15 s 12\namd 2022 No. 34 s 365 sch 3 ; 2024 No. 25 s 13\n(sec.225-ssec.1) The president and each deputy president are to be paid the prescribed salary.\n(sec.225-ssec.2) An appointed board member, other than the president or a deputy president, is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.225-ssec.3) An appointed board member holds office on the terms, not otherwise provided for by this Act, decided by the Governor in Council.\n(sec.225-ssec.4) An appointed board member is appointed under this Act and not the Public Sector Act 2022 .\n(sec.225-ssec.5) The president or the Minister may ask the chief executive to assess (under chapter 6 , part 13 , division 2 ) the suitability of a person to continue to perform functions as a board member.","sortOrder":356},{"sectionNumber":"sec.226","sectionType":"section","heading":"Vacancy in office","content":"### sec.226 Vacancy in office\n\nAn appointed board member’s office becomes vacant if—\nthe member completes the member’s term of office; or\nthe member resigns office by signed notice given to the Minister; or\nthe member’s appointment is terminated by the Governor in Council under subsection (2) or (3) .\nThe Governor in Council may, at any time, end the appointment of a community board member for any reason or none.\nThe Governor in Council may terminate the appointment of another appointed board member if the member—\nis guilty of misconduct of a type that could warrant dismissal from the public service if the member were an officer of the public service; or\nbecomes incapable of satisfactorily performing the functions of a board member because of physical or mental incapacity or for some other reason.\nIn this section—\nmisconduct see the Public Sector Act 2022 , section 91 (5) .\ns 226 sub 2017 No. 15 s 12\namd 2022 No. 34 s 365 sch 3\n(sec.226-ssec.1) An appointed board member’s office becomes vacant if— the member completes the member’s term of office; or the member resigns office by signed notice given to the Minister; or the member’s appointment is terminated by the Governor in Council under subsection (2) or (3) .\n(sec.226-ssec.2) The Governor in Council may, at any time, end the appointment of a community board member for any reason or none.\n(sec.226-ssec.3) The Governor in Council may terminate the appointment of another appointed board member if the member— is guilty of misconduct of a type that could warrant dismissal from the public service if the member were an officer of the public service; or becomes incapable of satisfactorily performing the functions of a board member because of physical or mental incapacity or for some other reason.\n(sec.226-ssec.4) In this section— misconduct see the Public Sector Act 2022 , section 91 (5) .\n- (a) the member completes the member’s term of office; or\n- (b) the member resigns office by signed notice given to the Minister; or\n- (c) the member’s appointment is terminated by the Governor in Council under subsection (2) or (3) .\n- (a) is guilty of misconduct of a type that could warrant dismissal from the public service if the member were an officer of the public service; or\n- (b) becomes incapable of satisfactorily performing the functions of a board member because of physical or mental incapacity or for some other reason.","sortOrder":357},{"sectionNumber":"sec.227","sectionType":"section","heading":"Leave of absence","content":"### sec.227 Leave of absence\n\nThe Minister may approve a leave of absence for the president.\nThe president may approve a leave of absence for a deputy president, professional board member or community board member.\nHowever, only the Minister may approve a leave of absence of more than 20 business days for a deputy president or professional board member.\ns 227 sub 2017 No. 15 s 12\n(sec.227-ssec.1) The Minister may approve a leave of absence for the president.\n(sec.227-ssec.2) The president may approve a leave of absence for a deputy president, professional board member or community board member.\n(sec.227-ssec.3) However, only the Minister may approve a leave of absence of more than 20 business days for a deputy president or professional board member.","sortOrder":358},{"sectionNumber":"sec.228","sectionType":"section","heading":"Acting prescribed members","content":"### sec.228 Acting prescribed members\n\nThe Governor in Council may appoint a person to act as the president, a deputy president or a professional board member if the person meets the requirements for appointment to the office.\nA person appointed to act as the president is appointed, subject to any limitations stated in the instrument of appointment, to act as the president while—\nthe office of president is vacant; or\nthe president is absent from duty or from the State or cannot, for another reason, perform the duties of the president.\nA person appointed to act as a deputy president or a professional board member is appointed to carry out duties from time to time as directed by the president—\nduring a stated period; or\nfor a stated matter.\nBefore making a recommendation to the Governor in Council for appointment of an acting board member, the Minister must request the chief executive to assess (under chapter 6 , part 13 , division 2 ) the person’s suitability to act in that capacity.\nBefore making a recommendation to the Governor in Council for appointment of an acting deputy president, the Minister must consult with the president.\nA person may not be appointed as an acting board member for—\na continuous period of more than 1 year; or\na period that, with the periods of other appointments of the person as an acting board member, forms a continuous period of more than 1 year.\nHowever, subsection (6) does not apply to the appointment of a person to act as the president or a deputy president if, in recommending the person for the appointment, the Minister has consulted with the parliamentary committee (within the meaning of section 223 ).\nAn acting board member is appointed on the terms, not otherwise provided for by this Act, decided by the Governor in Council.\nThe president or the Minister may ask the chief executive to assess (under chapter 6 , part 13 , division 2 ) the suitability of a person to continue to perform functions as an acting board member.\ns 228 sub 2017 No. 15 s 12\namd 2020 No. 23 s 36\nsub 2024 No. 25 s 14\n(sec.228-ssec.1) The Governor in Council may appoint a person to act as the president, a deputy president or a professional board member if the person meets the requirements for appointment to the office.\n(sec.228-ssec.2) A person appointed to act as the president is appointed, subject to any limitations stated in the instrument of appointment, to act as the president while— the office of president is vacant; or the president is absent from duty or from the State or cannot, for another reason, perform the duties of the president.\n(sec.228-ssec.3) A person appointed to act as a deputy president or a professional board member is appointed to carry out duties from time to time as directed by the president— during a stated period; or for a stated matter.\n(sec.228-ssec.4) Before making a recommendation to the Governor in Council for appointment of an acting board member, the Minister must request the chief executive to assess (under chapter 6 , part 13 , division 2 ) the person’s suitability to act in that capacity.\n(sec.228-ssec.5) Before making a recommendation to the Governor in Council for appointment of an acting deputy president, the Minister must consult with the president.\n(sec.228-ssec.6) A person may not be appointed as an acting board member for— a continuous period of more than 1 year; or a period that, with the periods of other appointments of the person as an acting board member, forms a continuous period of more than 1 year.\n(sec.228-ssec.7) However, subsection (6) does not apply to the appointment of a person to act as the president or a deputy president if, in recommending the person for the appointment, the Minister has consulted with the parliamentary committee (within the meaning of section 223 ).\n(sec.228-ssec.8) An acting board member is appointed on the terms, not otherwise provided for by this Act, decided by the Governor in Council.\n(sec.228-ssec.9) The president or the Minister may ask the chief executive to assess (under chapter 6 , part 13 , division 2 ) the suitability of a person to continue to perform functions as an acting board member.\n- (a) the office of president is vacant; or\n- (b) the president is absent from duty or from the State or cannot, for another reason, perform the duties of the president.\n- (a) during a stated period; or\n- (b) for a stated matter.\n- (a) a continuous period of more than 1 year; or\n- (b) a period that, with the periods of other appointments of the person as an acting board member, forms a continuous period of more than 1 year.","sortOrder":359},{"sectionNumber":"sec.229","sectionType":"section","heading":"Preservation of rights","content":"### sec.229 Preservation of rights\n\nThis section applies if—\na person is appointed as a prescribed board member; and\nthe person resigns the person’s role as a public service officer in order to accept the appointment.\nThe person keeps all rights that have accrued to the person as a public service officer, or that would accrue in the future to the person because of that employment, as if service as a prescribed board member were a continuation of service as a public service officer.\nAt the end of the person’s term of office or on resignation as a prescribed board member—\nthe person has the right to be appointed to an office in the public service on the same terms and conditions that applied to the person before being appointed as a prescribed board member; and\nthe person’s service as a prescribed board member is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.\ns 229 sub 2017 No. 15 s 12\n(sec.229-ssec.1) This section applies if— a person is appointed as a prescribed board member; and the person resigns the person’s role as a public service officer in order to accept the appointment.\n(sec.229-ssec.2) The person keeps all rights that have accrued to the person as a public service officer, or that would accrue in the future to the person because of that employment, as if service as a prescribed board member were a continuation of service as a public service officer.\n(sec.229-ssec.3) At the end of the person’s term of office or on resignation as a prescribed board member— the person has the right to be appointed to an office in the public service on the same terms and conditions that applied to the person before being appointed as a prescribed board member; and the person’s service as a prescribed board member is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.\n- (a) a person is appointed as a prescribed board member; and\n- (b) the person resigns the person’s role as a public service officer in order to accept the appointment.\n- (a) the person has the right to be appointed to an office in the public service on the same terms and conditions that applied to the person before being appointed as a prescribed board member; and\n- (b) the person’s service as a prescribed board member is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.","sortOrder":360},{"sectionNumber":"sec.229A","sectionType":"section","heading":"Functions of president","content":"### sec.229A Functions of president\n\nThe president has the functions given to the president under this Act or another Act.\nThe functions of the president include—\nmanaging the performance of appointed board members and acting appointed board members; and\ngiving directions about the practices and procedures to be followed by the board.\nThe president has the power to do all things necessary or convenient to be done for the performance of the president’s functions.\nThe president must promote the efficient and effective operation of the board.\ns 229A ins 2021 No. 24 s 13\namd 2024 No. 25 s 15\n(sec.229A-ssec.1) The president has the functions given to the president under this Act or another Act.\n(sec.229A-ssec.2) The functions of the president include— managing the performance of appointed board members and acting appointed board members; and giving directions about the practices and procedures to be followed by the board.\n(sec.229A-ssec.3) The president has the power to do all things necessary or convenient to be done for the performance of the president’s functions.\n(sec.229A-ssec.4) The president must promote the efficient and effective operation of the board.\n- (a) managing the performance of appointed board members and acting appointed board members; and\n- (b) giving directions about the practices and procedures to be followed by the board.","sortOrder":361},{"sectionNumber":"sec.229B","sectionType":"section","heading":"Delegation of particular function of president","content":"### sec.229B Delegation of particular function of president\n\nThis section applies if the president considers that the president can not independently consider and decide whether to make a restricted prisoner declaration about a prisoner.\nWithout limiting subsection (1) , the president must delegate the president’s function under subsection (3) if the president becomes aware of a direct or an indirect interest the president has in relation to the prisoner that could conflict with the proper performance of the president’s decision to make the declaration.\nThe president must delegate to a deputy president the function of the president under chapter 5 , part 1AB .\nIn this section—\nfunction includes power.\ninterest , in relation to a prisoner, includes a professional or familial interest.\ns 229B ins 2021 No. 24 s 13\n(sec.229B-ssec.1) This section applies if the president considers that the president can not independently consider and decide whether to make a restricted prisoner declaration about a prisoner.\n(sec.229B-ssec.2) Without limiting subsection (1) , the president must delegate the president’s function under subsection (3) if the president becomes aware of a direct or an indirect interest the president has in relation to the prisoner that could conflict with the proper performance of the president’s decision to make the declaration.\n(sec.229B-ssec.3) The president must delegate to a deputy president the function of the president under chapter 5 , part 1AB .\n(sec.229B-ssec.4) In this section— function includes power. interest , in relation to a prisoner, includes a professional or familial interest.","sortOrder":362},{"sectionNumber":"sec.229C","sectionType":"section","heading":"Functions of deputy president","content":"### sec.229C Functions of deputy president\n\nA deputy president has the functions given to the deputy president under this Act or another Act.\nThe deputy president has the power to do all things necessary or convenient to be done for the performance of the deputy president’s functions.\ns 229C ins 2021 No. 24 s 13\n(sec.229C-ssec.1) A deputy president has the functions given to the deputy president under this Act or another Act.\n(sec.229C-ssec.2) The deputy president has the power to do all things necessary or convenient to be done for the performance of the deputy president’s functions.","sortOrder":363},{"sectionNumber":"ch.5-pt.2-div.4","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":364},{"sectionNumber":"sec.230","sectionType":"section","heading":"Conduct of business","content":"### sec.230 Conduct of business\n\nSubject to this division\nthe president’s consideration of whether to make a restricted prisoner declaration may be conducted in the way the president considers appropriate; and\nthe president’s or a deputy president’s consideration of a reconsideration application may be conducted in the way the president or the deputy president considers appropriate; and\nthe parole board may conduct its business, including its meetings, in the way it considers appropriate.\ns 230 sub 2017 No. 15 s 12 ; 2021 No. 24 s 14\n(sec.230-ssec) Subject to this division the president’s consideration of whether to make a restricted prisoner declaration may be conducted in the way the president considers appropriate; and the president’s or a deputy president’s consideration of a reconsideration application may be conducted in the way the president or the deputy president considers appropriate; and the parole board may conduct its business, including its meetings, in the way it considers appropriate.\n- (a) the president’s consideration of whether to make a restricted prisoner declaration may be conducted in the way the president considers appropriate; and\n- (b) the president’s or a deputy president’s consideration of a reconsideration application may be conducted in the way the president or the deputy president considers appropriate; and\n- (c) the parole board may conduct its business, including its meetings, in the way it considers appropriate.","sortOrder":365},{"sectionNumber":"sec.231","sectionType":"section","heading":"Quorum","content":"### sec.231 Quorum\n\nA quorum for a meeting of the parole board is 3 board members.\nFor the board members who must be present at a meeting at which particular matters about parole orders are considered, see also section 234 .\ns 231 sub 2017 No. 15 s 12","sortOrder":366},{"sectionNumber":"sec.232","sectionType":"section","heading":"Presiding at meetings","content":"### sec.232 Presiding at meetings\n\nThe president presides at all meetings of the parole board at which the president is present.\nIf the president is absent from a meeting and the parole board has only 1 deputy president, the deputy president is to preside.\nIf the president is absent from a meeting and the parole board has more than 1 deputy president, the deputy president chosen by the president is to preside.\nIf neither the president, nor any of the deputy presidents, are present at a meeting, a professional board member chosen by the president is to preside.\ns 232 sub 2017 No. 15 s 12\n(sec.232-ssec.1) The president presides at all meetings of the parole board at which the president is present.\n(sec.232-ssec.2) If the president is absent from a meeting and the parole board has only 1 deputy president, the deputy president is to preside.\n(sec.232-ssec.3) If the president is absent from a meeting and the parole board has more than 1 deputy president, the deputy president chosen by the president is to preside.\n(sec.232-ssec.4) If neither the president, nor any of the deputy presidents, are present at a meeting, a professional board member chosen by the president is to preside.","sortOrder":367},{"sectionNumber":"sec.233","sectionType":"section","heading":"Meetings generally","content":"### sec.233 Meetings generally\n\nThe parole board must meet as often as is necessary to perform its functions.\nA meeting may be called by—\nif the meeting is called under section 175U —the president or a deputy president; or\notherwise—the president or, in the absence of the president, a deputy president.\nIn the absence of the president and each deputy president, an officer of the secretariat may call a meeting to consider whether a parole order should be amended, suspended or cancelled.\nThe parole board may hold meetings, or allow board members to take part in meetings, by using a contemporaneous communication link between the members.\nA board member who takes part in a meeting under subsection (4) is taken to be present at the meeting.\nA question at a meeting of the parole board must be decided by a majority of votes of the board members present.\nIf there is an equality of votes, the board member presiding at the meeting has a casting vote.\nA prisoner granted leave to appear before the parole board under section 190 may appear before a meeting—\nby using a contemporaneous communication link between the prisoner and the parole board; or\nif the prisoner has a special need—by attending personally.\ns 233 amd 2009 No. 30 s 32 ; 2014 No. 21 s 94 (2) sch 2\nsub 2017 No. 15 s 12\namd 2020 No. 23 s 69 sch 1 pt 1 ; 2021 No. 24 s 15\n(sec.233-ssec.1) The parole board must meet as often as is necessary to perform its functions.\n(sec.233-ssec.2) A meeting may be called by— if the meeting is called under section 175U —the president or a deputy president; or otherwise—the president or, in the absence of the president, a deputy president.\n(sec.233-ssec.3) In the absence of the president and each deputy president, an officer of the secretariat may call a meeting to consider whether a parole order should be amended, suspended or cancelled.\n(sec.233-ssec.4) The parole board may hold meetings, or allow board members to take part in meetings, by using a contemporaneous communication link between the members.\n(sec.233-ssec.5) A board member who takes part in a meeting under subsection (4) is taken to be present at the meeting.\n(sec.233-ssec.6) A question at a meeting of the parole board must be decided by a majority of votes of the board members present.\n(sec.233-ssec.7) If there is an equality of votes, the board member presiding at the meeting has a casting vote.\n(sec.233-ssec.8) A prisoner granted leave to appear before the parole board under section 190 may appear before a meeting— by using a contemporaneous communication link between the prisoner and the parole board; or if the prisoner has a special need—by attending personally.\n- (a) if the meeting is called under section 175U —the president or a deputy president; or\n- (b) otherwise—the president or, in the absence of the president, a deputy president.\n- (a) by using a contemporaneous communication link between the prisoner and the parole board; or\n- (b) if the prisoner has a special need—by attending personally.","sortOrder":368},{"sectionNumber":"sec.234","sectionType":"section","heading":"Meetings about particular matters relating to parole orders","content":"### sec.234 Meetings about particular matters relating to parole orders\n\nThis section applies if, at a meeting of the parole board, the board is to—\nconsider a prescribed prisoner’s application for parole; or\nconsider, under section 175M , if a no body-no parole prisoner has given satisfactory cooperation.\nA matter mentioned in subsection (1) must not be considered at the meeting unless the following board members are present—\nthe president, a deputy president or a professional board member;\nat least 1 community board member;\nat least 1 permanent board member.\nIn this section—\nprescribed prisoner means—\na prisoner mentioned in—\nsection 181 (1) ; or\nsection 181A (1) ; or\nsection 182A (1) or (2) ; or\nsection 183 (1) ; or\nsection 185B (1) (a) ; or\nsection 193A (1) ; or\na prisoner who is imprisoned for—\nan offence mentioned in the Penalties and Sentences Act 1992 , section 161A (a) (i) ; or\na serious sexual offence; or\nan offence committed with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q (1) ; or\nan offence against the Criminal Code , section 315A ; or\na prisoner who has, at any time, been convicted of a terrorism offence; or\na prisoner the subject of a Commonwealth control order; or\na prisoner about whom the parole board has information that indicates—\nthe prisoner may have promoted terrorism; or\nFor when a person promotes terrorism, see section 247A .\nthere is a risk the prisoner may carry out a terrorist act.\nserious sexual offence see the Dangerous Prisoners (Sexual Offenders) Act 2003 , schedule 1 .\ns 234 sub 2017 No. 15 s 12\namd 2018 No. 20 s 9 ; 2019 No. 10 s 17 ; 2020 No. 15 s 44 ; 2020 No. 23 s 37 (3) ; 2021 No. 24 s 16\n(sec.234-ssec.1) This section applies if, at a meeting of the parole board, the board is to— consider a prescribed prisoner’s application for parole; or consider, under section 175M , if a no body-no parole prisoner has given satisfactory cooperation.\n(sec.234-ssec.2) A matter mentioned in subsection (1) must not be considered at the meeting unless the following board members are present— the president, a deputy president or a professional board member; at least 1 community board member; at least 1 permanent board member.\n(sec.234-ssec.3) In this section— prescribed prisoner means— a prisoner mentioned in— section 181 (1) ; or section 181A (1) ; or section 182A (1) or (2) ; or section 183 (1) ; or section 185B (1) (a) ; or section 193A (1) ; or a prisoner who is imprisoned for— an offence mentioned in the Penalties and Sentences Act 1992 , section 161A (a) (i) ; or a serious sexual offence; or an offence committed with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q (1) ; or an offence against the Criminal Code , section 315A ; or a prisoner who has, at any time, been convicted of a terrorism offence; or a prisoner the subject of a Commonwealth control order; or a prisoner about whom the parole board has information that indicates— the prisoner may have promoted terrorism; or For when a person promotes terrorism, see section 247A . there is a risk the prisoner may carry out a terrorist act. serious sexual offence see the Dangerous Prisoners (Sexual Offenders) Act 2003 , schedule 1 .\n- (a) consider a prescribed prisoner’s application for parole; or\n- (b) consider, under section 175M , if a no body-no parole prisoner has given satisfactory cooperation.\n- (a) the president, a deputy president or a professional board member;\n- (b) at least 1 community board member;\n- (c) at least 1 permanent board member.\n- (a) a prisoner mentioned in— (i) section 181 (1) ; or (ii) section 181A (1) ; or (iii) section 182A (1) or (2) ; or (iv) section 183 (1) ; or (v) section 185B (1) (a) ; or (vi) section 193A (1) ; or\n- (i) section 181 (1) ; or\n- (ii) section 181A (1) ; or\n- (iii) section 182A (1) or (2) ; or\n- (iv) section 183 (1) ; or\n- (v) section 185B (1) (a) ; or\n- (vi) section 193A (1) ; or\n- (b) a prisoner who is imprisoned for— (i) an offence mentioned in the Penalties and Sentences Act 1992 , section 161A (a) (i) ; or (ii) a serious sexual offence; or (iii) an offence committed with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q (1) ; or (iv) an offence against the Criminal Code , section 315A ; or\n- (i) an offence mentioned in the Penalties and Sentences Act 1992 , section 161A (a) (i) ; or\n- (ii) a serious sexual offence; or\n- (iii) an offence committed with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q (1) ; or\n- (iv) an offence against the Criminal Code , section 315A ; or\n- (c) a prisoner who has, at any time, been convicted of a terrorism offence; or\n- (d) a prisoner the subject of a Commonwealth control order; or\n- (e) a prisoner about whom the parole board has information that indicates— (i) the prisoner may have promoted terrorism; or Note— For when a person promotes terrorism, see section 247A . (ii) there is a risk the prisoner may carry out a terrorist act.\n- (i) the prisoner may have promoted terrorism; or Note— For when a person promotes terrorism, see section 247A .\n- (ii) there is a risk the prisoner may carry out a terrorist act.\n- (i) section 181 (1) ; or\n- (ii) section 181A (1) ; or\n- (iii) section 182A (1) or (2) ; or\n- (iv) section 183 (1) ; or\n- (v) section 185B (1) (a) ; or\n- (vi) section 193A (1) ; or\n- (i) an offence mentioned in the Penalties and Sentences Act 1992 , section 161A (a) (i) ; or\n- (ii) a serious sexual offence; or\n- (iii) an offence committed with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q (1) ; or\n- (iv) an offence against the Criminal Code , section 315A ; or\n- (i) the prisoner may have promoted terrorism; or Note— For when a person promotes terrorism, see section 247A .\n- (ii) there is a risk the prisoner may carry out a terrorist act.","sortOrder":369},{"sectionNumber":"sec.235","sectionType":"section","heading":"Attendance of staff member at meetings","content":"### sec.235 Attendance of staff member at meetings\n\nIf asked to do so by the president, a deputy president or an officer of the secretariat, a staff member must—\nattend a meeting of the parole board, including by using a contemporaneous communication link between the staff member and the board; and\ngive the information the parole board asks for to help it decide a matter relating to a parole order.\ns 235 sub 2017 No. 15 s 12\namd 2020 No. 23 s 69 sch 1 pt 1\n- (a) attend a meeting of the parole board, including by using a contemporaneous communication link between the staff member and the board; and\n- (b) give the information the parole board asks for to help it decide a matter relating to a parole order.","sortOrder":370},{"sectionNumber":"ch.5-pt.2-div.4A","sectionType":"division","heading":"Publication of decisions","content":"## Publication of decisions","sortOrder":371},{"sectionNumber":"sec.235A","sectionType":"section","heading":"Parole board must publish particular information","content":"### sec.235A Parole board must publish particular information\n\nThe parole board must publish the information prescribed by regulation on the parole board’s website.\nWithout limiting subsection (1) , a regulation may prescribe—\na decision or class of decision made by the president or the board about a class of prisoner; and\nspecified details of the decision.\ns 235A ins 2021 No. 24 s 17\n(sec.235A-ssec.1) The parole board must publish the information prescribed by regulation on the parole board’s website.\n(sec.235A-ssec.2) Without limiting subsection (1) , a regulation may prescribe— a decision or class of decision made by the president or the board about a class of prisoner; and specified details of the decision.\n- (a) a decision or class of decision made by the president or the board about a class of prisoner; and\n- (b) specified details of the decision.","sortOrder":372},{"sectionNumber":"ch.5-pt.2-div.5","sectionType":"division","heading":"Parole Board Queensland Secretariat","content":"## Parole Board Queensland Secretariat","sortOrder":373},{"sectionNumber":"sec.236","sectionType":"section","heading":"Establishment and functions","content":"### sec.236 Establishment and functions\n\nThe Parole Board Queensland Secretariat (the secretariat ) is established.\nThe function of the secretariat is to support the parole board by providing administrative and legal support for the operation of the parole board.\nThe chief executive may assign public service employees of the chief executive’s department to the secretariat.\nThe employees are responsible to the chief executive under the Public Sector Act 2022 .\ns 236 sub 2017 No. 15 s 12\namd 2022 No. 34 s 365 sch 3 ; 2024 No. 25 s 16\n(sec.236-ssec.1) The Parole Board Queensland Secretariat (the secretariat ) is established.\n(sec.236-ssec.2) The function of the secretariat is to support the parole board by providing administrative and legal support for the operation of the parole board.\n(sec.236-ssec.3) The chief executive may assign public service employees of the chief executive’s department to the secretariat. The employees are responsible to the chief executive under the Public Sector Act 2022 .","sortOrder":374},{"sectionNumber":"ch.5-pt.2-div.6","sectionType":"division","heading":"Pension entitlements of president and deputy president","content":"## Pension entitlements of president and deputy president","sortOrder":375},{"sectionNumber":"sec.237","sectionType":"section","heading":"Judges pension scheme applies to former senior board member","content":"### sec.237 Judges pension scheme applies to former senior board member\n\nThe Judges Pensions Act , other than sections 15 and 15A , applies to a former senior board member as if a reference to a judge in that Act includes a reference to the former senior board member, but with—\nthe changes set out in this division; and\nother changes necessary to enable that Act to apply to a former senior board member.\ns 237 sub 2017 No. 15 s 12\n- (a) the changes set out in this division; and\n- (b) other changes necessary to enable that Act to apply to a former senior board member.","sortOrder":376},{"sectionNumber":"sec.238","sectionType":"section","heading":"Period for which person holds office as president or deputy president","content":"### sec.238 Period for which person holds office as president or deputy president\n\nFor applying the Judges Pensions Act to a former senior board member under this division, the following are to be counted as a period for which a person held office as the president or a deputy president—\nany period, before the person’s appointment as the president or a deputy president, that would be counted as service as a judge for the Judges Pensions Act ;\nany period, before the person’s appointment as the president or a deputy president, for which the person acted as the president or a deputy president.\ns 238 sub 2017 No. 15 s 12\n- (a) any period, before the person’s appointment as the president or a deputy president, that would be counted as service as a judge for the Judges Pensions Act ;\n- (b) any period, before the person’s appointment as the president or a deputy president, for which the person acted as the president or a deputy president.","sortOrder":377},{"sectionNumber":"sec.239","sectionType":"section","heading":"Pension at end of appointment generally","content":"### sec.239 Pension at end of appointment generally\n\nThe Judges Pensions Act , sections 3 and 4 applies to a former senior board member—\nif the member held office as the president or a deputy president for at least 5 years; and\nregardless of the age of the member when the person ceased to hold the office of president or deputy president.\nSee, however, section 241 for when a pension becomes payable.\nHowever, the annual pension to which the former senior board member is entitled is an annual pension—\nat a rate equal to 6% of the prescribed salary for each year for which the member held office as the president or a deputy president; but\nup to a maximum of 60% of the prescribed salary.\ns 239 sub 2017 No. 15 s 12\n(sec.239-ssec.1) The Judges Pensions Act , sections 3 and 4 applies to a former senior board member— if the member held office as the president or a deputy president for at least 5 years; and regardless of the age of the member when the person ceased to hold the office of president or deputy president. See, however, section 241 for when a pension becomes payable.\n(sec.239-ssec.2) However, the annual pension to which the former senior board member is entitled is an annual pension— at a rate equal to 6% of the prescribed salary for each year for which the member held office as the president or a deputy president; but up to a maximum of 60% of the prescribed salary.\n- (a) if the member held office as the president or a deputy president for at least 5 years; and\n- (b) regardless of the age of the member when the person ceased to hold the office of president or deputy president.\n- (a) at a rate equal to 6% of the prescribed salary for each year for which the member held office as the president or a deputy president; but\n- (b) up to a maximum of 60% of the prescribed salary.","sortOrder":378},{"sectionNumber":"sec.240","sectionType":"section","heading":"Pension if appointment ends because of ill health","content":"### sec.240 Pension if appointment ends because of ill health\n\nThe Judges Pensions Act , section 5 applies to a former senior board member if—\nthe member resigned the office of president or deputy president and both of the following apply—\na specialist health practitioner certifies to the Minister that the member’s resignation is because of permanent disability or infirmity;\nthe Minister is satisfied the member’s resignation is because of permanent disability or infirmity; or\nthe member’s appointment as president or deputy president was terminated under section 226 (3) (b) because of a proved incapacity to perform the duties of the office.\nHowever, the annual pension to which the former senior board member is entitled is an annual pension—\nat a rate equal to 6% of the prescribed salary for each year of the period consisting of—\nthe period for which the former senior board member held office as the president or a deputy president; and\nthe period for which the former senior board member could have held office as the president or a deputy president under the member’s terms and conditions of appointment (including under an option to renew the appointment for a further term) if the member had not resigned, or the member’s appointment had not been terminated, as mentioned in subsection (1) ; but\nup to a maximum of 60% of the prescribed salary.\nAlso, a former senior board member is entitled to an annual pension as set out in this section only if the period mentioned in subsection (2) (a) is at least 5 years.\nIn this section—\nspecialist health practitioner see the Health Practitioner Regulation National Law (Queensland) , section 5 .\ns 240 sub 2017 No. 15 s 12\namd 2020 No. 15 s 45\n(sec.240-ssec.1) The Judges Pensions Act , section 5 applies to a former senior board member if— the member resigned the office of president or deputy president and both of the following apply— a specialist health practitioner certifies to the Minister that the member’s resignation is because of permanent disability or infirmity; the Minister is satisfied the member’s resignation is because of permanent disability or infirmity; or the member’s appointment as president or deputy president was terminated under section 226 (3) (b) because of a proved incapacity to perform the duties of the office.\n(sec.240-ssec.2) However, the annual pension to which the former senior board member is entitled is an annual pension— at a rate equal to 6% of the prescribed salary for each year of the period consisting of— the period for which the former senior board member held office as the president or a deputy president; and the period for which the former senior board member could have held office as the president or a deputy president under the member’s terms and conditions of appointment (including under an option to renew the appointment for a further term) if the member had not resigned, or the member’s appointment had not been terminated, as mentioned in subsection (1) ; but up to a maximum of 60% of the prescribed salary.\n(sec.240-ssec.3) Also, a former senior board member is entitled to an annual pension as set out in this section only if the period mentioned in subsection (2) (a) is at least 5 years.\n(sec.240-ssec.4) In this section— specialist health practitioner see the Health Practitioner Regulation National Law (Queensland) , section 5 .\n- (a) the member resigned the office of president or deputy president and both of the following apply— (i) a specialist health practitioner certifies to the Minister that the member’s resignation is because of permanent disability or infirmity; (ii) the Minister is satisfied the member’s resignation is because of permanent disability or infirmity; or\n- (i) a specialist health practitioner certifies to the Minister that the member’s resignation is because of permanent disability or infirmity;\n- (ii) the Minister is satisfied the member’s resignation is because of permanent disability or infirmity; or\n- (b) the member’s appointment as president or deputy president was terminated under section 226 (3) (b) because of a proved incapacity to perform the duties of the office.\n- (i) a specialist health practitioner certifies to the Minister that the member’s resignation is because of permanent disability or infirmity;\n- (ii) the Minister is satisfied the member’s resignation is because of permanent disability or infirmity; or\n- (a) at a rate equal to 6% of the prescribed salary for each year of the period consisting of— (i) the period for which the former senior board member held office as the president or a deputy president; and (ii) the period for which the former senior board member could have held office as the president or a deputy president under the member’s terms and conditions of appointment (including under an option to renew the appointment for a further term) if the member had not resigned, or the member’s appointment had not been terminated, as mentioned in subsection (1) ; but\n- (i) the period for which the former senior board member held office as the president or a deputy president; and\n- (ii) the period for which the former senior board member could have held office as the president or a deputy president under the member’s terms and conditions of appointment (including under an option to renew the appointment for a further term) if the member had not resigned, or the member’s appointment had not been terminated, as mentioned in subsection (1) ; but\n- (b) up to a maximum of 60% of the prescribed salary.\n- (i) the period for which the former senior board member held office as the president or a deputy president; and\n- (ii) the period for which the former senior board member could have held office as the president or a deputy president under the member’s terms and conditions of appointment (including under an option to renew the appointment for a further term) if the member had not resigned, or the member’s appointment had not been terminated, as mentioned in subsection (1) ; but","sortOrder":379},{"sectionNumber":"sec.241","sectionType":"section","heading":"When pension becomes payable","content":"### sec.241 When pension becomes payable\n\nThis section applies if a former senior board member is entitled to a pension under the Judges Pensions Act , as applying under this division.\nThe pension does not become payable until the former senior board member reaches 65 years of age.\ns 241 sub 2017 No. 15 s 12\n(sec.241-ssec.1) This section applies if a former senior board member is entitled to a pension under the Judges Pensions Act , as applying under this division.\n(sec.241-ssec.2) The pension does not become payable until the former senior board member reaches 65 years of age.","sortOrder":380},{"sectionNumber":"sec.242","sectionType":"section","heading":"Pension of spouse and children on death of former senior board member","content":"### sec.242 Pension of spouse and children on death of former senior board member\n\nThe Judges Pensions Act , sections 7 to 8A applies to a former senior board member if the member is entitled to a pension under the Judges Pensions Act , as applying under this division.\nThe Judges Pensions Act , sections 7 and 8A applies to a spouse or child of a former senior board member who dies before the member reaches 65 years of age in the way the sections apply to a spouse or child of a judge who dies before retirement.\nHowever, if the spouse or child is entitled to a pension under the Judges Pensions Act , section 7 or 8A , the pension is not payable to the spouse or child until the time when the former senior board member would have reached 65 years of age.\nThe Judges Pensions Act , sections 8 and 8A applies to a spouse or child of a former senior board member who dies after the member reached 65 years of age in the way the sections apply to a spouse or child of a retired judge.\nIn this section—\nchild includes adopted child.\ns 242 sub 2017 No. 15 s 12\n(sec.242-ssec.1) The Judges Pensions Act , sections 7 to 8A applies to a former senior board member if the member is entitled to a pension under the Judges Pensions Act , as applying under this division.\n(sec.242-ssec.2) The Judges Pensions Act , sections 7 and 8A applies to a spouse or child of a former senior board member who dies before the member reaches 65 years of age in the way the sections apply to a spouse or child of a judge who dies before retirement.\n(sec.242-ssec.3) However, if the spouse or child is entitled to a pension under the Judges Pensions Act , section 7 or 8A , the pension is not payable to the spouse or child until the time when the former senior board member would have reached 65 years of age.\n(sec.242-ssec.4) The Judges Pensions Act , sections 8 and 8A applies to a spouse or child of a former senior board member who dies after the member reached 65 years of age in the way the sections apply to a spouse or child of a retired judge.\n(sec.242-ssec.5) In this section— child includes adopted child.","sortOrder":381},{"sectionNumber":"sec.242A","sectionType":"section","heading":"What happens if former senior board member is removed from office as a judge","content":"### sec.242A What happens if former senior board member is removed from office as a judge\n\nThe Judges Pensions Act , section 16 applies to a person who is a former senior board member if the person was a judge removed from office as mentioned in the section after the person held office as the president or a deputy president.\ns 242A ins 2017 No. 15 s 12","sortOrder":382},{"sectionNumber":"sec.242B","sectionType":"section","heading":"What happens if former senior board member’s appointment is terminated because of misconduct","content":"### sec.242B What happens if former senior board member’s appointment is terminated because of misconduct\n\nThis division does not apply to a former senior board member if the member’s appointment is terminated under section 226 (3) (a) , unless the Governor in Council decides otherwise.\ns 242B ins 2017 No. 15 s 12","sortOrder":383},{"sectionNumber":"sec.242C","sectionType":"section","heading":"Former senior board member entitled to other pension","content":"### sec.242C Former senior board member entitled to other pension\n\nA pension is not payable, or stops being payable, under the Judges Pensions Act in relation to a former senior board member in the member’s capacity as a former senior board member if a pension is payable under that Act in relation to the member in the member’s capacity as—\na judge; or\na member of the Land Court, the industrial court, or the industrial commission.\nSee the Judges Pensions Act , sections 2AC and 2BB for the pension entitlements of persons who have been appointed as the president or a deputy president.\ns 242C ins 2017 No. 15 s 12\n- (a) a judge; or\n- (b) a member of the Land Court, the industrial court, or the industrial commission.","sortOrder":384},{"sectionNumber":"sec.242D","sectionType":"section","heading":"Provision about agreements and court orders under Family Law Act 1975 (Cwlth)","content":"### sec.242D Provision about agreements and court orders under Family Law Act 1975 (Cwlth)\n\nThe Judges Pensions Act , part 2 , division 2 applies to a former senior board member as follows—\nthe reference to a retired judge in section 9 of that Act, definition entitled former spouse is taken to be a reference to a former senior board member;\ninformation allowed to be given under section 10 of that Act includes information about a benefit for a person who holds office as the president or a deputy president;\nsections 11 and   12 of that Act apply whether the person is the president, a deputy president or a former senior board member, at the operative time mentioned in the section;\nsection 13 of that Act applies in relation to a person who is the president or a deputy president at the operative time mentioned in the section and dies while holding office as the president or a deputy president.\nHowever, if a person who is the president or a deputy president at the operative time mentioned in the Judges Pensions Act , section 13 dies before reaching 65 years of age, the pension payable to the person’s entitled former spouse under the section does not become payable until the time when the person would have reached 65 years of age.\ns 242D ins 2017 No. 15 s 12\n(sec.242D-ssec.1) The Judges Pensions Act , part 2 , division 2 applies to a former senior board member as follows— the reference to a retired judge in section 9 of that Act, definition entitled former spouse is taken to be a reference to a former senior board member; information allowed to be given under section 10 of that Act includes information about a benefit for a person who holds office as the president or a deputy president; sections 11 and   12 of that Act apply whether the person is the president, a deputy president or a former senior board member, at the operative time mentioned in the section; section 13 of that Act applies in relation to a person who is the president or a deputy president at the operative time mentioned in the section and dies while holding office as the president or a deputy president.\n(sec.242D-ssec.2) However, if a person who is the president or a deputy president at the operative time mentioned in the Judges Pensions Act , section 13 dies before reaching 65 years of age, the pension payable to the person’s entitled former spouse under the section does not become payable until the time when the person would have reached 65 years of age.\n- (a) the reference to a retired judge in section 9 of that Act, definition entitled former spouse is taken to be a reference to a former senior board member;\n- (b) information allowed to be given under section 10 of that Act includes information about a benefit for a person who holds office as the president or a deputy president;\n- (c) sections 11 and   12 of that Act apply whether the person is the president, a deputy president or a former senior board member, at the operative time mentioned in the section;\n- (d) section 13 of that Act applies in relation to a person who is the president or a deputy president at the operative time mentioned in the section and dies while holding office as the president or a deputy president.","sortOrder":385},{"sectionNumber":"ch.5-pt.2-div.7","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":386},{"sectionNumber":"sec.242E","sectionType":"section","heading":"Guidelines","content":"### sec.242E Guidelines\n\nThe Minister may make guidelines about policies to help the parole board in performing its functions.\ns 242E ins 2017 No. 15 s 12","sortOrder":387},{"sectionNumber":"sec.242F","sectionType":"section","heading":"Annual report","content":"### sec.242F Annual report\n\nFor each financial year, the parole board must give the Minister a report about—\nthe operation of this Act in relation to parole orders, other than court ordered parole orders; and\nthe activities of the parole board.\nThe report must state the number of persons who, in that financial year, were—\nreleased on parole, other than under a court ordered parole order; and\nreturned to prison after their parole order, including a court ordered parole order, was suspended or cancelled.\nThe report must be given to the Minister on or before 30 September after the end of the financial year to which the report relates.\nThe Minister must table the report in the Legislative Assembly within 14 sitting days after receiving the report.\ns 242F ins 2017 No. 15 s 12\n(sec.242F-ssec.1) For each financial year, the parole board must give the Minister a report about— the operation of this Act in relation to parole orders, other than court ordered parole orders; and the activities of the parole board.\n(sec.242F-ssec.2) The report must state the number of persons who, in that financial year, were— released on parole, other than under a court ordered parole order; and returned to prison after their parole order, including a court ordered parole order, was suspended or cancelled.\n(sec.242F-ssec.3) The report must be given to the Minister on or before 30 September after the end of the financial year to which the report relates.\n(sec.242F-ssec.4) The Minister must table the report in the Legislative Assembly within 14 sitting days after receiving the report.\n- (a) the operation of this Act in relation to parole orders, other than court ordered parole orders; and\n- (b) the activities of the parole board.\n- (a) released on parole, other than under a court ordered parole order; and\n- (b) returned to prison after their parole order, including a court ordered parole order, was suspended or cancelled.","sortOrder":388},{"sectionNumber":"sec.242G","sectionType":"section","heading":"Special report","content":"### sec.242G Special report\n\nIf asked by the Minister, the parole board must give the Minister a written report about the operation of this Act in relation to—\nparole orders; or\nthe performance of a function by the parole board.\ns 242G ins 2017 No. 15 s 12\n- (a) parole orders; or\n- (b) the performance of a function by the parole board.","sortOrder":389},{"sectionNumber":"sec.242GA","sectionType":"section","heading":"Information relevant to administration","content":"### sec.242GA Information relevant to administration\n\nIf asked by the chief executive, the parole board must give the chief executive stated information about a matter affecting the management or administration of the board or the operations of the secretariat.\nIf asked by the chief executive, the information must be given in writing.\ns 242GA ins 2024 No. 25 s 17\n(sec.242GA-ssec.1) If asked by the chief executive, the parole board must give the chief executive stated information about a matter affecting the management or administration of the board or the operations of the secretariat.\n(sec.242GA-ssec.2) If asked by the chief executive, the information must be given in writing.","sortOrder":390},{"sectionNumber":"sec.242H","sectionType":"section","heading":"Disclosure of interests","content":"### sec.242H Disclosure of interests\n\nThis section applies to a board member if—\nthe board member has an interest in an issue being considered, or about to be considered, by the parole board; and\nthe interest conflicts or may conflict with the proper performance of the board member’s duties about the consideration of the issue.\nAs soon as practicable after the relevant facts come to the board member’s knowledge, the member must disclose the nature of the interest to—\nthe president; or\nif the member is the president, a deputy president.\nThe disclosure must be recorded in the parole board’s minutes.\nUnless the president, or deputy president, to whom the disclosure was made otherwise decides, the board member must not—\nbe present when the parole board considers the issue; or\ntake part in a decision of the parole board about the issue.\nA contravention of this section does not invalidate any decision of the parole board.\nHowever, if the parole board becomes aware a board member contravened this section, the board must reconsider any decision made by the board in which the member took part in contravention of this section.\ns 242H ins 2017 No. 15 s 12\n(sec.242H-ssec.1) This section applies to a board member if— the board member has an interest in an issue being considered, or about to be considered, by the parole board; and the interest conflicts or may conflict with the proper performance of the board member’s duties about the consideration of the issue.\n(sec.242H-ssec.2) As soon as practicable after the relevant facts come to the board member’s knowledge, the member must disclose the nature of the interest to— the president; or if the member is the president, a deputy president.\n(sec.242H-ssec.3) The disclosure must be recorded in the parole board’s minutes.\n(sec.242H-ssec.4) Unless the president, or deputy president, to whom the disclosure was made otherwise decides, the board member must not— be present when the parole board considers the issue; or take part in a decision of the parole board about the issue.\n(sec.242H-ssec.5) A contravention of this section does not invalidate any decision of the parole board.\n(sec.242H-ssec.6) However, if the parole board becomes aware a board member contravened this section, the board must reconsider any decision made by the board in which the member took part in contravention of this section.\n- (a) the board member has an interest in an issue being considered, or about to be considered, by the parole board; and\n- (b) the interest conflicts or may conflict with the proper performance of the board member’s duties about the consideration of the issue.\n- (a) the president; or\n- (b) if the member is the president, a deputy president.\n- (a) be present when the parole board considers the issue; or\n- (b) take part in a decision of the parole board about the issue.","sortOrder":391},{"sectionNumber":"sec.242I","sectionType":"section","heading":"Vacancies or failures in appointment of members","content":"### sec.242I Vacancies or failures in appointment of members\n\nAn act or proceeding of the parole board is not invalid by reason only of—\na vacancy in its membership; or\na failure to comply with section 221 (3) or (4) .\ns 242I ins 2024 No. 25 s 18\n- (a) a vacancy in its membership; or\n- (b) a failure to comply with section 221 (3) or (4) .","sortOrder":392},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"General","content":"# General","sortOrder":393},{"sectionNumber":"sec.243","sectionType":"section","heading":"Legal proceedings","content":"### sec.243 Legal proceedings\n\nA legal proceeding based on an act, omission or decision of the parole board may only be started against the board members under the name of the board.\ns 243 amd 2017 No. 15 s 24 sch 1","sortOrder":394},{"sectionNumber":"sec.244","sectionType":"section","heading":"Corrective services officer subject to direction of parole board","content":"### sec.244 Corrective services officer subject to direction of parole board\n\nFor enforcing a parole order, other than a court ordered parole order, a corrective services officer is subject to the directions of the parole board.\ns 244 amd 2017 No. 15 s 24 sch 1","sortOrder":395},{"sectionNumber":"sec.245","sectionType":"section","heading":"Chief executive must prepare and give report to parole board","content":"### sec.245 Chief executive must prepare and give report to parole board\n\nIf asked to do so by the parole board, the chief executive must give the board a report on, or information relating to, the following—\na prisoner’s application for a parole order, other than a court ordered parole order, or approval of a resettlement leave program;\na prisoner;\na parole order, including a court ordered parole order;\nan approved resettlement leave program.\ns 245 amd 2017 No. 15 s 24 sch 1\n- (a) a prisoner’s application for a parole order, other than a court ordered parole order, or approval of a resettlement leave program;\n- (b) a prisoner;\n- (c) a parole order, including a court ordered parole order;\n- (d) an approved resettlement leave program.","sortOrder":396},{"sectionNumber":"sec.246","sectionType":"section","heading":"Invalidity of parole board’s acts, proceedings or decisions","content":"### sec.246 Invalidity of parole board’s acts, proceedings or decisions\n\nAn act, proceeding or decision of the parole board is not invalidated or in any way prejudiced only because of a vacancy in the membership of the board at the time of the act, proceeding or decision.\ns 246 amd 2017 No. 15 s 24 sch 1","sortOrder":397},{"sectionNumber":"sec.247","sectionType":"section","heading":"Authentication of document","content":"### sec.247 Authentication of document\n\nA document made by the parole board for this Act is sufficiently authenticated if it is signed by the president, or an officer of the secretariat at the president’s direction.\ns 247 amd 2017 No. 15 s 24 sch 1 ; 2020 No. 23 s 69 sch 1 pt 1","sortOrder":398},{"sectionNumber":"sec.247A","sectionType":"section","heading":"When a person promotes terrorism","content":"### sec.247A When a person promotes terrorism\n\nFor this chapter, a person promotes terrorism if the person—\ncarries out an activity to support the carrying out of a terrorist act; or\nmakes a statement in support of the carrying out of a terrorist act; or\ncarries out an activity, or makes a statement, to advocate the carrying out of a terrorist act or support for the carrying out of a terrorist act.\nTo remove any doubt, it is declared that a reference in subsection (1) to a terrorist act—\nincludes a terrorist act that has not happened; and\nis not limited to a specific terrorist act.\ns 247A ins 2019 No. 10 s 18\n(sec.247A-ssec.1) For this chapter, a person promotes terrorism if the person— carries out an activity to support the carrying out of a terrorist act; or makes a statement in support of the carrying out of a terrorist act; or carries out an activity, or makes a statement, to advocate the carrying out of a terrorist act or support for the carrying out of a terrorist act.\n(sec.247A-ssec.2) To remove any doubt, it is declared that a reference in subsection (1) to a terrorist act— includes a terrorist act that has not happened; and is not limited to a specific terrorist act.\n- (a) carries out an activity to support the carrying out of a terrorist act; or\n- (b) makes a statement in support of the carrying out of a terrorist act; or\n- (c) carries out an activity, or makes a statement, to advocate the carrying out of a terrorist act or support for the carrying out of a terrorist act.\n- (a) includes a terrorist act that has not happened; and\n- (b) is not limited to a specific terrorist act.","sortOrder":399},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Grant of financial assistance","content":"# Grant of financial assistance","sortOrder":400},{"sectionNumber":"ch.6-pt.1-div.1","sectionType":"division","heading":"Application for grant","content":"## Application for grant","sortOrder":401},{"sectionNumber":"sec.248","sectionType":"section","heading":"Application","content":"### sec.248 Application\n\nAn entity, other than a public sector entity, may apply in writing to the chief executive for a grant of financial assistance to provide a program or service to help prisoners or their families.","sortOrder":402},{"sectionNumber":"sec.249","sectionType":"section","heading":"No entitlement to financial assistance","content":"### sec.249 No entitlement to financial assistance\n\nThe chief executive is not required to approve a grant of financial assistance for an entity.","sortOrder":403},{"sectionNumber":"sec.250","sectionType":"section","heading":"Approval of grant","content":"### sec.250 Approval of grant\n\nThe chief executive may approve a grant of financial assistance if satisfied the program or service funded by the grant will—\npromote prisoner welfare; or\nhelp former prisoners reintegrate into the community after their release from custody.\nIn deciding whether to approve the grant, the matters the chief executive may consider include the following—\nwhether the program or service is currently provided for;\nwhether the entity is receiving financial assistance from another source to provide the program or service, and if so, the extent of the assistance.\n(sec.250-ssec.1) The chief executive may approve a grant of financial assistance if satisfied the program or service funded by the grant will— promote prisoner welfare; or help former prisoners reintegrate into the community after their release from custody.\n(sec.250-ssec.2) In deciding whether to approve the grant, the matters the chief executive may consider include the following— whether the program or service is currently provided for; whether the entity is receiving financial assistance from another source to provide the program or service, and if so, the extent of the assistance.\n- (a) promote prisoner welfare; or\n- (b) help former prisoners reintegrate into the community after their release from custody.\n- (a) whether the program or service is currently provided for;\n- (b) whether the entity is receiving financial assistance from another source to provide the program or service, and if so, the extent of the assistance.","sortOrder":404},{"sectionNumber":"sec.251","sectionType":"section","heading":"Who may receive approval for one-off financial assistance","content":"### sec.251 Who may receive approval for one-off financial assistance\n\nThe chief executive may approve a grant of one-off financial assistance for an entity.","sortOrder":405},{"sectionNumber":"ch.6-pt.1-div.2","sectionType":"division","heading":"Conditions of grant","content":"## Conditions of grant","sortOrder":406},{"sectionNumber":"sec.252","sectionType":"section","heading":"No financial assistance without agreement","content":"### sec.252 No financial assistance without agreement\n\nIf the chief executive approves a grant of financial assistance for an entity, the chief executive must enter into a written agreement with the entity (a financial assistance agreement ) for giving the financial assistance.\nThe chief executive may give the financial assistance to the entity only if the entity has entered into a financial assistance agreement for the assistance.\nIf the entity is not a body corporate, the member or members of the entity as required by the chief executive, must agree in writing to the conditions on which the grant is made.\nDespite subsection (2) , the chief executive may give financial assistance before a financial assistance agreement is entered into if satisfied—\nthere is an urgent need for the assistance; and\nit is not practicable to enter into a financial assistance agreement before assistance is given.\nIf subsection (4) applies, the entity must—\nbefore receiving the financial assistance, agree in writing to enter into a financial assistance agreement after receiving the assistance within a stated time decided by the chief executive; and\nenter into the financial assistance agreement within that time.\nRecurrent financial assistance must stop if the entity has not entered into a financial assistance agreement within the stated time.\n(sec.252-ssec.1) If the chief executive approves a grant of financial assistance for an entity, the chief executive must enter into a written agreement with the entity (a financial assistance agreement ) for giving the financial assistance.\n(sec.252-ssec.2) The chief executive may give the financial assistance to the entity only if the entity has entered into a financial assistance agreement for the assistance.\n(sec.252-ssec.3) If the entity is not a body corporate, the member or members of the entity as required by the chief executive, must agree in writing to the conditions on which the grant is made.\n(sec.252-ssec.4) Despite subsection (2) , the chief executive may give financial assistance before a financial assistance agreement is entered into if satisfied— there is an urgent need for the assistance; and it is not practicable to enter into a financial assistance agreement before assistance is given.\n(sec.252-ssec.5) If subsection (4) applies, the entity must— before receiving the financial assistance, agree in writing to enter into a financial assistance agreement after receiving the assistance within a stated time decided by the chief executive; and enter into the financial assistance agreement within that time.\n(sec.252-ssec.6) Recurrent financial assistance must stop if the entity has not entered into a financial assistance agreement within the stated time.\n- (a) there is an urgent need for the assistance; and\n- (b) it is not practicable to enter into a financial assistance agreement before assistance is given.\n- (a) before receiving the financial assistance, agree in writing to enter into a financial assistance agreement after receiving the assistance within a stated time decided by the chief executive; and\n- (b) enter into the financial assistance agreement within that time.","sortOrder":407},{"sectionNumber":"sec.253","sectionType":"section","heading":"What financial assistance agreement is to contain","content":"### sec.253 What financial assistance agreement is to contain\n\nA financial assistance agreement must state each of the following the chief executive considers relevant to the financial assistance—\nthe amount of assistance;\nwhether the assistance is recurrent or one-off assistance;\nthe period of the agreement and, for recurrent assistance, how often assistance is to be given;\nthe type of program or service to be provided;\nthe place at which the program or service is to be provided;\nthe way the entity is to report to the chief executive;\nthe circumstances in which the entity is in breach of the agreement;\nthe action that may be taken by the chief executive for a breach of the agreement, including the suspension or stopping of financial assistance.\nA financial assistance agreement must also state that it is a condition of the agreement that the grantee give the chief executive written notice within 30 days after becoming aware of any of the following matters, unless the grantee has a reasonable excuse—\nthe grantee’s address changes;\nfor a nonprofit corporation—the grantee is under external administration under the Corporations Act or a similar law of a foreign jurisdiction;\na matter prescribed under a regulation.\nThe agreement may also include other matters the chief executive considers necessary to give effect to or enforce the agreement.\nIf there is an inconsistency between the agreement and subdivisions 2 to 4 , the agreement is ineffective to the extent of the inconsistency.\n(sec.253-ssec.1) A financial assistance agreement must state each of the following the chief executive considers relevant to the financial assistance— the amount of assistance; whether the assistance is recurrent or one-off assistance; the period of the agreement and, for recurrent assistance, how often assistance is to be given; the type of program or service to be provided; the place at which the program or service is to be provided; the way the entity is to report to the chief executive; the circumstances in which the entity is in breach of the agreement; the action that may be taken by the chief executive for a breach of the agreement, including the suspension or stopping of financial assistance.\n(sec.253-ssec.2) A financial assistance agreement must also state that it is a condition of the agreement that the grantee give the chief executive written notice within 30 days after becoming aware of any of the following matters, unless the grantee has a reasonable excuse— the grantee’s address changes; for a nonprofit corporation—the grantee is under external administration under the Corporations Act or a similar law of a foreign jurisdiction; a matter prescribed under a regulation.\n(sec.253-ssec.3) The agreement may also include other matters the chief executive considers necessary to give effect to or enforce the agreement.\n(sec.253-ssec.4) If there is an inconsistency between the agreement and subdivisions 2 to 4 , the agreement is ineffective to the extent of the inconsistency.\n- (a) the amount of assistance;\n- (b) whether the assistance is recurrent or one-off assistance;\n- (c) the period of the agreement and, for recurrent assistance, how often assistance is to be given;\n- (d) the type of program or service to be provided;\n- (e) the place at which the program or service is to be provided;\n- (f) the way the entity is to report to the chief executive;\n- (g) the circumstances in which the entity is in breach of the agreement;\n- (h) the action that may be taken by the chief executive for a breach of the agreement, including the suspension or stopping of financial assistance.\n- (a) the grantee’s address changes;\n- (b) for a nonprofit corporation—the grantee is under external administration under the Corporations Act or a similar law of a foreign jurisdiction;\n- (c) a matter prescribed under a regulation.","sortOrder":408},{"sectionNumber":"sec.254","sectionType":"section","heading":"Chief executive’s powers not limited by agreement","content":"### sec.254 Chief executive’s powers not limited by agreement\n\nThe chief executive’s powers under this part are not limited by the inclusion of a matter in an agreement under section 253 .","sortOrder":409},{"sectionNumber":"sec.255","sectionType":"section","heading":"Insurance","content":"### sec.255 Insurance\n\nA grantee must ensure there is in force, for the program or service for which financial assistance is given under this part, adequate insurance cover to manage the risks to the grantee.\nWithout limiting subsection (1) , the insurance cover must comply with any requirements under another law or the financial assistance agreement.\n(sec.255-ssec.1) A grantee must ensure there is in force, for the program or service for which financial assistance is given under this part, adequate insurance cover to manage the risks to the grantee.\n(sec.255-ssec.2) Without limiting subsection (1) , the insurance cover must comply with any requirements under another law or the financial assistance agreement.","sortOrder":410},{"sectionNumber":"sec.256","sectionType":"section","heading":"Prescribed requirements","content":"### sec.256 Prescribed requirements\n\nA regulation may prescribe requirements relating to the provision of programs or services by grantees.\nWithout limiting subsection (1) , a regulation may prescribe a requirement about—\nhow a grantee conducts its operations while providing a program or service for which it has received financial assistance under this part, including—\nfinancial management and accountability; and\ncorporate governance; or\nhow a grantee delivers the programs or services, including—\ndeciding eligibility and priority for programs or services; and\ngiving information; and\nresolving disputes.\nA requirement may include provision about—\npreparing, maintaining, publishing or implementing a policy; or\nreporting to the chief executive; or\nmaintaining any accreditation that is relevant to the delivery of the program or service.\naccreditation to deliver sexual assault counselling\n(sec.256-ssec.1) A regulation may prescribe requirements relating to the provision of programs or services by grantees.\n(sec.256-ssec.2) Without limiting subsection (1) , a regulation may prescribe a requirement about— how a grantee conducts its operations while providing a program or service for which it has received financial assistance under this part, including— financial management and accountability; and corporate governance; or how a grantee delivers the programs or services, including— deciding eligibility and priority for programs or services; and giving information; and resolving disputes.\n(sec.256-ssec.3) A requirement may include provision about— preparing, maintaining, publishing or implementing a policy; or reporting to the chief executive; or maintaining any accreditation that is relevant to the delivery of the program or service. accreditation to deliver sexual assault counselling\n- (a) how a grantee conducts its operations while providing a program or service for which it has received financial assistance under this part, including— (i) financial management and accountability; and (ii) corporate governance; or\n- (i) financial management and accountability; and\n- (ii) corporate governance; or\n- (b) how a grantee delivers the programs or services, including— (i) deciding eligibility and priority for programs or services; and (ii) giving information; and (iii) resolving disputes.\n- (i) deciding eligibility and priority for programs or services; and\n- (ii) giving information; and\n- (iii) resolving disputes.\n- (i) financial management and accountability; and\n- (ii) corporate governance; or\n- (i) deciding eligibility and priority for programs or services; and\n- (ii) giving information; and\n- (iii) resolving disputes.\n- (a) preparing, maintaining, publishing or implementing a policy; or\n- (b) reporting to the chief executive; or\n- (c) maintaining any accreditation that is relevant to the delivery of the program or service. Example— accreditation to deliver sexual assault counselling","sortOrder":411},{"sectionNumber":"sec.257","sectionType":"section","heading":"Grantee must comply with prescribed requirements","content":"### sec.257 Grantee must comply with prescribed requirements\n\nA grantee must not contravene a prescribed requirement relating to the provision of a program or service for which the grantee has been given financial assistance under this part.\nUnder section 262 , a grantee may be given a compliance notice requiring the grantee to remedy a contravention of a prescribed requirement.\nThe extent of a grantee’s compliance with, or contravention of, a prescribed requirement is likely to be a relevant matter for the chief executive to consider when deciding the further assistance, if any, to give to the grantee under this part.\nA financial assistance agreement may include a provision about the consequences of a contravention of a prescribed requirement.\n- 1 Under section 262 , a grantee may be given a compliance notice requiring the grantee to remedy a contravention of a prescribed requirement.\n- 2 The extent of a grantee’s compliance with, or contravention of, a prescribed requirement is likely to be a relevant matter for the chief executive to consider when deciding the further assistance, if any, to give to the grantee under this part.\n- 3 A financial assistance agreement may include a provision about the consequences of a contravention of a prescribed requirement.","sortOrder":412},{"sectionNumber":"sec.258","sectionType":"section","heading":"Chief executive’s examination of records","content":"### sec.258 Chief executive’s examination of records\n\nThe chief executive may ask a grantee to produce to the chief executive records kept in relation to amounts received under the grant.\nThe chief executive may examine and make copies of, or take extracts from, the records relating to the receipt and spending of the amounts.\n(sec.258-ssec.1) The chief executive may ask a grantee to produce to the chief executive records kept in relation to amounts received under the grant.\n(sec.258-ssec.2) The chief executive may examine and make copies of, or take extracts from, the records relating to the receipt and spending of the amounts.","sortOrder":413},{"sectionNumber":"sec.259","sectionType":"section","heading":"Chief executive’s powers if suspicion that condition not complied with","content":"### sec.259 Chief executive’s powers if suspicion that condition not complied with\n\nThe chief executive may exercise 1 or more of the powers under sections 260 and 261 if the chief executive reasonably suspects that a condition of a grant of financial assistance is not being, or has not been, complied with.","sortOrder":414},{"sectionNumber":"sec.260","sectionType":"section","heading":"Chief executive may ask grantee to provide explanation","content":"### sec.260 Chief executive may ask grantee to provide explanation\n\nThe chief executive may, in writing, ask the grantee to explain to the chief executive why—\nfurther payments under the grant should be made; and\namounts paid under the grant should not be required to be refunded.\nThe request must allow 21 days after the day of its receipt before the grantee must give the explanation.\n(sec.260-ssec.1) The chief executive may, in writing, ask the grantee to explain to the chief executive why— further payments under the grant should be made; and amounts paid under the grant should not be required to be refunded.\n(sec.260-ssec.2) The request must allow 21 days after the day of its receipt before the grantee must give the explanation.\n- (a) further payments under the grant should be made; and\n- (b) amounts paid under the grant should not be required to be refunded.","sortOrder":415},{"sectionNumber":"sec.261","sectionType":"section","heading":"Chief executive may suspend further payments","content":"### sec.261 Chief executive may suspend further payments\n\nThe chief executive may suspend further payments under the grant if the chief executive makes a request under section 260 and the grantee—\ndoes not give an explanation to the chief executive within 21 days after receiving the request; or\nfails to satisfy the chief executive that the conditions of the grant are being, and have been, complied with.\n- (a) does not give an explanation to the chief executive within 21 days after receiving the request; or\n- (b) fails to satisfy the chief executive that the conditions of the grant are being, and have been, complied with.","sortOrder":416},{"sectionNumber":"sec.262","sectionType":"section","heading":"Compliance notice","content":"### sec.262 Compliance notice\n\nThis section applies if the chief executive reasonably believes a grantee—\nis contravening a prescribed requirement; or\nhas contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated.\nThe chief executive may give the grantee a notice (a compliance notice ) requiring the grantee to remedy the contravention.\nThe compliance notice must state the following—\nthat the chief executive reasonably believes the grantee—\nis contravening a prescribed requirement; or\nhas contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated;\nthe prescribed requirement the chief executive believes is being, or has been, contravened;\nbriefly, how it is believed the prescribed requirement is being, or has been, contravened;\nthat the grantee must remedy the contravention within a stated reasonable time;\nthat if the grantee fails, without reasonable excuse, to comply with the compliance notice, the chief executive may, under subsection (5) , not give financial assistance to the grantee.\nThe compliance notice may also state the steps that the chief executive reasonably believes are necessary to remedy the contravention, or avoid further contravention, of the prescribed requirement.\nIf the grantee fails to comply with the compliance notice, the chief executive is not required to give any assistance, or further assistance, to the grantee under a financial assistance agreement in force when the relevant compliance notice was given, despite any provision of the agreement.\nThis section does not limit—\na remedy available to the chief executive under a financial assistance agreement; or\nthe chief executive’s powers apart from this section.\n(sec.262-ssec.1) This section applies if the chief executive reasonably believes a grantee— is contravening a prescribed requirement; or has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated.\n(sec.262-ssec.2) The chief executive may give the grantee a notice (a compliance notice ) requiring the grantee to remedy the contravention.\n(sec.262-ssec.3) The compliance notice must state the following— that the chief executive reasonably believes the grantee— is contravening a prescribed requirement; or has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated; the prescribed requirement the chief executive believes is being, or has been, contravened; briefly, how it is believed the prescribed requirement is being, or has been, contravened; that the grantee must remedy the contravention within a stated reasonable time; that if the grantee fails, without reasonable excuse, to comply with the compliance notice, the chief executive may, under subsection (5) , not give financial assistance to the grantee.\n(sec.262-ssec.4) The compliance notice may also state the steps that the chief executive reasonably believes are necessary to remedy the contravention, or avoid further contravention, of the prescribed requirement.\n(sec.262-ssec.5) If the grantee fails to comply with the compliance notice, the chief executive is not required to give any assistance, or further assistance, to the grantee under a financial assistance agreement in force when the relevant compliance notice was given, despite any provision of the agreement.\n(sec.262-ssec.6) This section does not limit— a remedy available to the chief executive under a financial assistance agreement; or the chief executive’s powers apart from this section.\n- (a) is contravening a prescribed requirement; or\n- (b) has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated.\n- (a) that the chief executive reasonably believes the grantee— (i) is contravening a prescribed requirement; or (ii) has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated;\n- (i) is contravening a prescribed requirement; or\n- (ii) has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated;\n- (b) the prescribed requirement the chief executive believes is being, or has been, contravened;\n- (c) briefly, how it is believed the prescribed requirement is being, or has been, contravened;\n- (d) that the grantee must remedy the contravention within a stated reasonable time;\n- (e) that if the grantee fails, without reasonable excuse, to comply with the compliance notice, the chief executive may, under subsection (5) , not give financial assistance to the grantee.\n- (i) is contravening a prescribed requirement; or\n- (ii) has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated;\n- (a) a remedy available to the chief executive under a financial assistance agreement; or\n- (b) the chief executive’s powers apart from this section.","sortOrder":417},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Chief executive","content":"# Chief executive","sortOrder":418},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"General functions and powers","content":"## General functions and powers","sortOrder":419},{"sectionNumber":"sec.263","sectionType":"section","heading":"Functions and powers","content":"### sec.263 Functions and powers\n\nSubject to any direction of the Minister and any administrative arrangements made by the Governor in Council, the chief executive is responsible for—\nthe security and management of all corrective services facilities; and\nthe safe custody and welfare of all prisoners; and\nthe supervision of offenders in the community.\nThe chief executive has—\nthe power to do all things necessary or convenient to be done for, or in connection with, the performance of the chief executive’s functions under an Act; and\nThe chief executive may order the inspection of a corrective services facility whether or not an incident has happened at the facility.\nthe powers of an inspector, including the chief inspector, and a corrective services officer.\nTo remove any doubt, it is declared that the chief executive may exercise a power mentioned in subsection (2) (b) in a place other than a corrective services facility.\nThe chief executive may order a search of a prisoner who is in a vehicle being used to transport offenders.\ns 263 amd 2024 No. 25 s 19\n(sec.263-ssec.1) Subject to any direction of the Minister and any administrative arrangements made by the Governor in Council, the chief executive is responsible for— the security and management of all corrective services facilities; and the safe custody and welfare of all prisoners; and the supervision of offenders in the community.\n(sec.263-ssec.2) The chief executive has— the power to do all things necessary or convenient to be done for, or in connection with, the performance of the chief executive’s functions under an Act; and The chief executive may order the inspection of a corrective services facility whether or not an incident has happened at the facility. the powers of an inspector, including the chief inspector, and a corrective services officer.\n(sec.263-ssec.3) To remove any doubt, it is declared that the chief executive may exercise a power mentioned in subsection (2) (b) in a place other than a corrective services facility. The chief executive may order a search of a prisoner who is in a vehicle being used to transport offenders.\n- (a) the security and management of all corrective services facilities; and\n- (b) the safe custody and welfare of all prisoners; and\n- (c) the supervision of offenders in the community.\n- (a) the power to do all things necessary or convenient to be done for, or in connection with, the performance of the chief executive’s functions under an Act; and Example— The chief executive may order the inspection of a corrective services facility whether or not an incident has happened at the facility.\n- (b) the powers of an inspector, including the chief inspector, and a corrective services officer.","sortOrder":420},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"Particular powers and obligations","content":"## Particular powers and obligations","sortOrder":421},{"sectionNumber":"sec.264","sectionType":"section","heading":"Administrative directions","content":"### sec.264 Administrative directions\n\nThe chief executive may, in writing, give an administrative direction to facilitate the effective and efficient management of corrective services.\na direction to ensure mobile telephones are not brought into a corrective services facility\nEach person to whom the direction applies must comply with it.\n(sec.264-ssec.1) The chief executive may, in writing, give an administrative direction to facilitate the effective and efficient management of corrective services. a direction to ensure mobile telephones are not brought into a corrective services facility\n(sec.264-ssec.2) Each person to whom the direction applies must comply with it.","sortOrder":422},{"sectionNumber":"sec.265","sectionType":"section","heading":"Administrative procedures","content":"### sec.265 Administrative procedures\n\nThe chief executive must make administrative procedures to facilitate the effective and efficient management of corrective services.\na procedure for dealing with applications for early discharge\nAlso, the chief executive must make administrative procedures to facilitate the effective and efficient provision under this Act of support to proper officers of courts by corrective services officers.\nThe support provided under this Act comprises—\nhelping the proper officer of a court under section 308 ; and\nperforming functions and exercising powers delegated to corrective services officers by the proper officer of a court under section 309 .\nBefore making administrative procedures under subsection (2) , the chief executive must consult with the proper officer of the courts affected by the administrative procedures.\nThe administrative procedures must take into account the special needs of offenders.\nThe chief executive must publish the administrative procedures on the department’s website on the internet.\nHowever, the chief executive need not publish an administrative procedure if the publication—\nmay pose a risk to the security or good order of a corrective services facility; or\nmay compromise the safety or effective management of offenders.\ns 265 amd 2020 No. 23 s 38 ; 2024 No. 25 s 44\n(sec.265-ssec.1) The chief executive must make administrative procedures to facilitate the effective and efficient management of corrective services. a procedure for dealing with applications for early discharge\n(sec.265-ssec.2) Also, the chief executive must make administrative procedures to facilitate the effective and efficient provision under this Act of support to proper officers of courts by corrective services officers. The support provided under this Act comprises— helping the proper officer of a court under section 308 ; and performing functions and exercising powers delegated to corrective services officers by the proper officer of a court under section 309 .\n(sec.265-ssec.3) Before making administrative procedures under subsection (2) , the chief executive must consult with the proper officer of the courts affected by the administrative procedures.\n(sec.265-ssec.4) The administrative procedures must take into account the special needs of offenders.\n(sec.265-ssec.5) The chief executive must publish the administrative procedures on the department’s website on the internet.\n(sec.265-ssec.6) However, the chief executive need not publish an administrative procedure if the publication— may pose a risk to the security or good order of a corrective services facility; or may compromise the safety or effective management of offenders.\n- (a) helping the proper officer of a court under section 308 ; and\n- (b) performing functions and exercising powers delegated to corrective services officers by the proper officer of a court under section 309 .\n- (a) may pose a risk to the security or good order of a corrective services facility; or\n- (b) may compromise the safety or effective management of offenders.","sortOrder":423},{"sectionNumber":"sec.266","sectionType":"section","heading":"Programs and services to help offenders","content":"### sec.266 Programs and services to help offenders\n\nThe chief executive must establish or facilitate programs or services—\nfor the religious welfare of prisoners; and\nto support the health and wellbeing of prisoners; and\nto help prisoners reintegrate into the community after their release from custody, including by acquiring skills; and\nto initiate, keep and improve relationships between offenders and members of their families and the community; and\nto help rehabilitate offenders.\nThe programs or services must take into account the special needs of offenders.\ns 266 amd 2020 No. 23 s 39\n(sec.266-ssec.1) The chief executive must establish or facilitate programs or services— for the religious welfare of prisoners; and to support the health and wellbeing of prisoners; and to help prisoners reintegrate into the community after their release from custody, including by acquiring skills; and to initiate, keep and improve relationships between offenders and members of their families and the community; and to help rehabilitate offenders.\n(sec.266-ssec.2) The programs or services must take into account the special needs of offenders.\n- (a) for the religious welfare of prisoners; and\n- (b) to support the health and wellbeing of prisoners; and\n- (c) to help prisoners reintegrate into the community after their release from custody, including by acquiring skills; and\n- (d) to initiate, keep and improve relationships between offenders and members of their families and the community; and\n- (e) to help rehabilitate offenders.","sortOrder":424},{"sectionNumber":"sec.267","sectionType":"section","heading":"Monitoring devices","content":"### sec.267 Monitoring devices\n\nIf the chief executive considers it reasonably necessary, the chief executive may, for monitoring an offender’s location, direct the offender—\nto wear a stated device; or\nto permit the installation of any device or equipment at a stated place, including, for example, the place where the offender resides.\nThe chief executive may require an offender who is released on parole to wear a monitoring device.\nAn offender who has been directed under subsection (1) or section 200A (2) to wear a stated device or permit the installation of any device or equipment (each associated equipment ) at a stated place must not, without a reasonable excuse, remove or tamper with the stated device or associated equipment.\nMaximum penalty for subsection (2) —30 penalty units or 3 months imprisonment.\ns 267 amd 2009 No. 30 s 3 sch ; 2020 No. 23 s 40\n(sec.267-ssec.1) If the chief executive considers it reasonably necessary, the chief executive may, for monitoring an offender’s location, direct the offender— to wear a stated device; or to permit the installation of any device or equipment at a stated place, including, for example, the place where the offender resides. The chief executive may require an offender who is released on parole to wear a monitoring device.\n(sec.267-ssec.2) An offender who has been directed under subsection (1) or section 200A (2) to wear a stated device or permit the installation of any device or equipment (each associated equipment ) at a stated place must not, without a reasonable excuse, remove or tamper with the stated device or associated equipment. Maximum penalty for subsection (2) —30 penalty units or 3 months imprisonment.\n- (a) to wear a stated device; or\n- (b) to permit the installation of any device or equipment at a stated place, including, for example, the place where the offender resides.","sortOrder":425},{"sectionNumber":"sec.267A","sectionType":"section","heading":"Establishing and operating particular infrastructure","content":"### sec.267A Establishing and operating particular infrastructure\n\nThe chief executive may, on relevant premises, establish and operate infrastructure to be used for a purpose relating to the chief executive’s functions under section 263 or another Act, including, for example—\na community corrections office; or\na facility for providing education and training to corrective services officers; or\na facility to be used for a purpose associated with a corrective services facility.\nadministration office, staff accommodation, storage facility\nIn this section—\nrelevant premises means premises owned or leased by the department on behalf of the State.\ns 267A prev s 267A ins 2013 No. 64 s 16\nom 2016 No. 62 s 25\npres s 267A ins 2024 No. 24 s 9\n(sec.267A-ssec.1) The chief executive may, on relevant premises, establish and operate infrastructure to be used for a purpose relating to the chief executive’s functions under section 263 or another Act, including, for example— a community corrections office; or a facility for providing education and training to corrective services officers; or a facility to be used for a purpose associated with a corrective services facility. administration office, staff accommodation, storage facility\n(sec.267A-ssec.2) In this section— relevant premises means premises owned or leased by the department on behalf of the State.\n- (a) a community corrections office; or\n- (b) a facility for providing education and training to corrective services officers; or\n- (c) a facility to be used for a purpose associated with a corrective services facility. Examples for paragraph (c) — administration office, staff accommodation, storage facility","sortOrder":426},{"sectionNumber":"sec.268","sectionType":"section","heading":null,"content":"### Section sec.268\n\ns 268 amd 2020 No. 23 s 41\nom 2023 No. 14 s 26","sortOrder":427},{"sectionNumber":"sec.269","sectionType":"section","heading":"Commissioner to provide police to help chief executive","content":"### sec.269 Commissioner to provide police to help chief executive\n\nThe chief executive may ask the commissioner to provide police officers to help the chief executive in the performance of the chief executive’s functions.\nThe commissioner must comply with the request.\n(sec.269-ssec.1) The chief executive may ask the commissioner to provide police officers to help the chief executive in the performance of the chief executive’s functions.\n(sec.269-ssec.2) The commissioner must comply with the request.","sortOrder":428},{"sectionNumber":"sec.270","sectionType":"section","heading":"Community service","content":"### sec.270 Community service\n\nThe chief executive may, in writing, declare an activity to be community service for this Act or the Penalties and Sentences Act 1992 .\nThe chief executive may appoint an appropriately qualified person (a community service supervisor ) to supervise offenders performing community service.\nA community service supervisor—\nceases to be appointed at the end of the term stated in the instrument of appointment; and\nmay resign by signed notice given to the chief executive.\n(sec.270-ssec.1) The chief executive may, in writing, declare an activity to be community service for this Act or the Penalties and Sentences Act 1992 .\n(sec.270-ssec.2) The chief executive may appoint an appropriately qualified person (a community service supervisor ) to supervise offenders performing community service.\n(sec.270-ssec.3) A community service supervisor— ceases to be appointed at the end of the term stated in the instrument of appointment; and may resign by signed notice given to the chief executive.\n- (a) ceases to be appointed at the end of the term stated in the instrument of appointment; and\n- (b) may resign by signed notice given to the chief executive.","sortOrder":429},{"sectionNumber":"sec.271","sectionType":"section","heading":"Delegation of functions of chief executive","content":"### sec.271 Delegation of functions of chief executive\n\nThe chief executive may delegate to an appropriately qualified person (the delegate ) a function of the chief executive under this Act, other than section 271B(3), 306F (1) or 306K (1) .\nThe delegation may permit the delegate to subdelegate the delegated function to an appropriately qualified person.\nIn this section—\nappropriately qualified person includes any of the following—\nan employee of the department;\nan engaged service provider or an employee of an engaged service provider;\na corrective services officer.\nfunction includes a power.\ns 271 amd 2020 No. 23 s 42 ; 2023 No. 14 s 27\n(sec.271-ssec.1) The chief executive may delegate to an appropriately qualified person (the delegate ) a function of the chief executive under this Act, other than section 271B(3), 306F (1) or 306K (1) .\n(sec.271-ssec.2) The delegation may permit the delegate to subdelegate the delegated function to an appropriately qualified person.\n(sec.271-ssec.3) In this section— appropriately qualified person includes any of the following— an employee of the department; an engaged service provider or an employee of an engaged service provider; a corrective services officer. function includes a power.\n- (a) an employee of the department;\n- (b) an engaged service provider or an employee of an engaged service provider;\n- (c) a corrective services officer.","sortOrder":430},{"sectionNumber":"ch.6-pt.2-div.3","sectionType":"division","heading":"Declaration of emergency","content":"## Declaration of emergency","sortOrder":431},{"sectionNumber":"sec.271A","sectionType":"section","heading":"Definition for division","content":"### sec.271A Definition for division\n\nIn this division—\ncorrective services facility includes part of a corrective services facility.\ns 271A ins 2023 No. 14 s 28","sortOrder":432},{"sectionNumber":"sec.271B","sectionType":"section","heading":"Declaration of emergency","content":"### sec.271B Declaration of emergency\n\nThis section applies if the chief executive—\nreasonably believes a situation exists that is likely to threaten—\nthe security or good order of a corrective services facility; or\nthe health or safety of a prisoner or another person at a corrective services facility; and\nis satisfied the situation justifies making a declaration under this section.\nThis section also applies if —\nthere is a public health emergency; and\nthe chief executive is satisfied the public health emergency may affect the health or safety of a prisoner or another person at a corrective services facility.\nThe chief executive may—\ndeclare that an emergency exists in relation to the corrective services facility for a stated period; and\ndeclare a place to be a corrective services facility (a temporary corrective services facility ) for the period the declaration of the emergency is in force.\nHowever, the chief executive may declare an emergency under subsection (3) only if the Minister approves the making of the declaration.\nBefore declaring an emergency under subsection (3) , the chief executive must take reasonable steps to consult with—\nfor an emergency that relates to a disaster—\nthe State disaster coordinator; and\nthe commissioner under the Fire Services Act 1990 ; and\nif the State disaster coordinator is not a police officer—the commissioner of the police service; and\nfor an emergency that relates to a public health emergency—the chief health officer; and\notherwise—the chief executive of a department or other agency that has a function of co-coordinating the State’s response to that type of emergency.\nA failure to consult under subsection (5) does not affect the validity of a declaration made under this section.\nThe chief executive must ensure the stated period for the declaration is not longer than is reasonably necessary given the emergency.\nHowever, the stated period for the declaration must not be longer than—\nif the emergency relates to a public health emergency—21 days; or\nif the emergency relates to a disaster that threatens the security of a corrective services facility or safety of people at the corrective services facility—14 days; or\nif the emergency relates to a risk to the health of prisoners or another person at a corrective services facility without also relating to a public health emergency—7 days; or\nfor all other emergencies—3 days.\nThe declaration lapses at the end of the stated period unless it is sooner revoked by the chief executive.\nHowever, if the declaration relates to a public health emergency and the public health emergency ends before the declaration lapses under subsection (8) , the declaration also lapses.\nIn this section—\nchief health officer see the Hospital and Health Boards Act 2011 , schedule 2 .\ndisaster means a disaster within the meaning of the Disaster Management Act 2003 , section 13 .\npublic health emergency means a public health emergency declared under the Public Health Act 2005 , section 319 (2) .\nState disaster coordinator see the Disaster Management Act 2003 .\ns 271B ins 2023 No. 14 s 28\namd 2024 No. 22 s 92 sch 1\n(sec.271B-ssec.1) This section applies if the chief executive— reasonably believes a situation exists that is likely to threaten— the security or good order of a corrective services facility; or the health or safety of a prisoner or another person at a corrective services facility; and is satisfied the situation justifies making a declaration under this section.\n(sec.271B-ssec.2) This section also applies if — there is a public health emergency; and the chief executive is satisfied the public health emergency may affect the health or safety of a prisoner or another person at a corrective services facility.\n(sec.271B-ssec.3) The chief executive may— declare that an emergency exists in relation to the corrective services facility for a stated period; and declare a place to be a corrective services facility (a temporary corrective services facility ) for the period the declaration of the emergency is in force.\n(sec.271B-ssec.4) However, the chief executive may declare an emergency under subsection (3) only if the Minister approves the making of the declaration.\n(sec.271B-ssec.5) Before declaring an emergency under subsection (3) , the chief executive must take reasonable steps to consult with— for an emergency that relates to a disaster— the State disaster coordinator; and the commissioner under the Fire Services Act 1990 ; and if the State disaster coordinator is not a police officer—the commissioner of the police service; and for an emergency that relates to a public health emergency—the chief health officer; and otherwise—the chief executive of a department or other agency that has a function of co-coordinating the State’s response to that type of emergency.\n(sec.271B-ssec.6) A failure to consult under subsection (5) does not affect the validity of a declaration made under this section.\n(sec.271B-ssec.7) The chief executive must ensure the stated period for the declaration is not longer than is reasonably necessary given the emergency.\n(sec.271B-ssec.8) However, the stated period for the declaration must not be longer than— if the emergency relates to a public health emergency—21 days; or if the emergency relates to a disaster that threatens the security of a corrective services facility or safety of people at the corrective services facility—14 days; or if the emergency relates to a risk to the health of prisoners or another person at a corrective services facility without also relating to a public health emergency—7 days; or for all other emergencies—3 days.\n(sec.271B-ssec.9) The declaration lapses at the end of the stated period unless it is sooner revoked by the chief executive.\n(sec.271B-ssec.10) However, if the declaration relates to a public health emergency and the public health emergency ends before the declaration lapses under subsection (8) , the declaration also lapses.\n(sec.271B-ssec.11) In this section— chief health officer see the Hospital and Health Boards Act 2011 , schedule 2 . disaster means a disaster within the meaning of the Disaster Management Act 2003 , section 13 . public health emergency means a public health emergency declared under the Public Health Act 2005 , section 319 (2) . State disaster coordinator see the Disaster Management Act 2003 .\n- (a) reasonably believes a situation exists that is likely to threaten— (i) the security or good order of a corrective services facility; or (ii) the health or safety of a prisoner or another person at a corrective services facility; and\n- (i) the security or good order of a corrective services facility; or\n- (ii) the health or safety of a prisoner or another person at a corrective services facility; and\n- (b) is satisfied the situation justifies making a declaration under this section.\n- (i) the security or good order of a corrective services facility; or\n- (ii) the health or safety of a prisoner or another person at a corrective services facility; and\n- (a) there is a public health emergency; and\n- (b) the chief executive is satisfied the public health emergency may affect the health or safety of a prisoner or another person at a corrective services facility.\n- (a) declare that an emergency exists in relation to the corrective services facility for a stated period; and\n- (b) declare a place to be a corrective services facility (a temporary corrective services facility ) for the period the declaration of the emergency is in force.\n- (a) for an emergency that relates to a disaster— (i) the State disaster coordinator; and (ii) the commissioner under the Fire Services Act 1990 ; and (iii) if the State disaster coordinator is not a police officer—the commissioner of the police service; and\n- (i) the State disaster coordinator; and\n- (ii) the commissioner under the Fire Services Act 1990 ; and\n- (iii) if the State disaster coordinator is not a police officer—the commissioner of the police service; and\n- (b) for an emergency that relates to a public health emergency—the chief health officer; and\n- (c) otherwise—the chief executive of a department or other agency that has a function of co-coordinating the State’s response to that type of emergency.\n- (i) the State disaster coordinator; and\n- (ii) the commissioner under the Fire Services Act 1990 ; and\n- (iii) if the State disaster coordinator is not a police officer—the commissioner of the police service; and\n- (a) if the emergency relates to a public health emergency—21 days; or\n- (b) if the emergency relates to a disaster that threatens the security of a corrective services facility or safety of people at the corrective services facility—14 days; or\n- (c) if the emergency relates to a risk to the health of prisoners or another person at a corrective services facility without also relating to a public health emergency—7 days; or\n- (d) for all other emergencies—3 days.","sortOrder":433},{"sectionNumber":"sec.271C","sectionType":"section","heading":"Additional powers of chief executive during declared emergency","content":"### sec.271C Additional powers of chief executive during declared emergency\n\nThis section applies if the chief executive declares an emergency exists in relation to a corrective services facility under section 271B .\nWhile the declaration is in force, the chief executive may—\nrestrict any activity in the corrective services facility, including, for example, restricting movement within the facility to the extent necessary because of the emergency; or\nrestrict access to the corrective services facility, including, for example—\nrefusing entry to the facility by any person; and\nrefusing entry to the facility by a person who exhibits symptoms of a declared illness; and\nrefusing entry to the facility by a person who has not been screened for symptoms of a declared illness; or\ntaking the temperature of a person\nisolate prisoners in the corrective services facility to the extent necessary because of the emergency, including, for example, isolating prisoners, individually or in groups, because of—\ndamage to the facility; or\nthe need to quarantine prisoners likely to have been exposed to a declared illness; or\nlimit or withhold the privileges of a prisoner at the corrective services facility if the chief executive reasonably believes that because of the emergency it will not be practicable for the prisoner to receive privileges to the extent the prisoner would otherwise have received them; or\nauthorise the non-invasive screening of persons at or entering the corrective services facility for symptoms of a declared illness; or\nauthorise police officers to perform a function or exercise a power of a corrective services officer at the corrective services facility, under the direction of the senior police officer present; or\ntransfer prisoners to another corrective services facility, including a temporary corrective services facility declared under section 271B (3) (b) ; or\nreturn prisoners to the corrective services facility.\nIn this section—\ndeclared illness , for a declaration made under section 271B , means an illness for which the declaration was made.\ns 271C ins 2023 No. 14 s 28\n(sec.271C-ssec.1) This section applies if the chief executive declares an emergency exists in relation to a corrective services facility under section 271B .\n(sec.271C-ssec.2) While the declaration is in force, the chief executive may— restrict any activity in the corrective services facility, including, for example, restricting movement within the facility to the extent necessary because of the emergency; or restrict access to the corrective services facility, including, for example— refusing entry to the facility by any person; and refusing entry to the facility by a person who exhibits symptoms of a declared illness; and refusing entry to the facility by a person who has not been screened for symptoms of a declared illness; or taking the temperature of a person isolate prisoners in the corrective services facility to the extent necessary because of the emergency, including, for example, isolating prisoners, individually or in groups, because of— damage to the facility; or the need to quarantine prisoners likely to have been exposed to a declared illness; or limit or withhold the privileges of a prisoner at the corrective services facility if the chief executive reasonably believes that because of the emergency it will not be practicable for the prisoner to receive privileges to the extent the prisoner would otherwise have received them; or authorise the non-invasive screening of persons at or entering the corrective services facility for symptoms of a declared illness; or authorise police officers to perform a function or exercise a power of a corrective services officer at the corrective services facility, under the direction of the senior police officer present; or transfer prisoners to another corrective services facility, including a temporary corrective services facility declared under section 271B (3) (b) ; or return prisoners to the corrective services facility.\n(sec.271C-ssec.3) In this section— declared illness , for a declaration made under section 271B , means an illness for which the declaration was made.\n- (a) restrict any activity in the corrective services facility, including, for example, restricting movement within the facility to the extent necessary because of the emergency; or\n- (b) restrict access to the corrective services facility, including, for example— (i) refusing entry to the facility by any person; and (ii) refusing entry to the facility by a person who exhibits symptoms of a declared illness; and (iii) refusing entry to the facility by a person who has not been screened for symptoms of a declared illness; or Example of screening for an illness— taking the temperature of a person\n- (i) refusing entry to the facility by any person; and\n- (ii) refusing entry to the facility by a person who exhibits symptoms of a declared illness; and\n- (iii) refusing entry to the facility by a person who has not been screened for symptoms of a declared illness; or Example of screening for an illness— taking the temperature of a person\n- (c) isolate prisoners in the corrective services facility to the extent necessary because of the emergency, including, for example, isolating prisoners, individually or in groups, because of— (i) damage to the facility; or (ii) the need to quarantine prisoners likely to have been exposed to a declared illness; or\n- (i) damage to the facility; or\n- (ii) the need to quarantine prisoners likely to have been exposed to a declared illness; or\n- (d) limit or withhold the privileges of a prisoner at the corrective services facility if the chief executive reasonably believes that because of the emergency it will not be practicable for the prisoner to receive privileges to the extent the prisoner would otherwise have received them; or\n- (e) authorise the non-invasive screening of persons at or entering the corrective services facility for symptoms of a declared illness; or\n- (f) authorise police officers to perform a function or exercise a power of a corrective services officer at the corrective services facility, under the direction of the senior police officer present; or\n- (g) transfer prisoners to another corrective services facility, including a temporary corrective services facility declared under section 271B (3) (b) ; or\n- (h) return prisoners to the corrective services facility.\n- (i) refusing entry to the facility by any person; and\n- (ii) refusing entry to the facility by a person who exhibits symptoms of a declared illness; and\n- (iii) refusing entry to the facility by a person who has not been screened for symptoms of a declared illness; or Example of screening for an illness— taking the temperature of a person\n- (i) damage to the facility; or\n- (ii) the need to quarantine prisoners likely to have been exposed to a declared illness; or","sortOrder":434},{"sectionNumber":"sec.271D","sectionType":"section","heading":"Publication of declaration of emergency","content":"### sec.271D Publication of declaration of emergency\n\nAs soon as possible after the chief executive declares an emergency under section 271B , the chief executive must publish the following information on the department’s website—\nthat the declaration was made;\nthe reasons for making the declaration;\nthe period for which the declaration is in effect;\nthe powers that may be exercised because the declaration was made.\nThe chief executive must update the information published under subsection (1) as soon as practicable after the information changes.\ns 271D ins 2023 No. 14 s 28\n(sec.271D-ssec.1) As soon as possible after the chief executive declares an emergency under section 271B , the chief executive must publish the following information on the department’s website— that the declaration was made; the reasons for making the declaration; the period for which the declaration is in effect; the powers that may be exercised because the declaration was made.\n(sec.271D-ssec.2) The chief executive must update the information published under subsection (1) as soon as practicable after the information changes.\n- (a) that the declaration was made;\n- (b) the reasons for making the declaration;\n- (c) the period for which the declaration is in effect;\n- (d) the powers that may be exercised because the declaration was made.","sortOrder":435},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Engaged service providers","content":"# Engaged service providers","sortOrder":436},{"sectionNumber":"sec.272","sectionType":"section","heading":"Engaging service provider","content":"### sec.272 Engaging service provider\n\nThe chief executive may, in writing, authorise an entity (an engaged service provider ) to perform an office holder’s functions ( authorised functions ).\nWhen performing authorised functions, an engaged service provider has the same powers as the office holder, including a power of delegation, but not including the power to authorise an engaged service provider under subsection (1) .\nThe chief executive may give the authority subject to stated conditions, including, for example, a condition—\nthat a particular power only be exercised subject to a decision of the chief executive; or\na condition requiring the engaged service provider to obtain the chief executive’s approval before delegating a particular power\nimposing particular duties on the engaged service provider’s employees.\na condition requiring the engaged service provider to ensure the provider’s employees receive the training required by the chief executive\na condition requiring the engaged service provider to ensure the provider’s employees are subject to the approved code of conduct for public service agencies, and any approved standard of practice for the department, under the Public Sector Ethics Act 1994\nThe authorisation of an engaged service provider to perform an authorised function does not relieve the chief executive of the chief executive’s obligation to ensure the function is properly performed.\nLaws apply to the engaged service provider, and to persons in relationship to the engaged service provider, in the performance of an authorised function, or in the exercise of a power for an authorised function, as if the engaged service provider were the officer holder.\nIn this section—\nentity does not include a public service employee.\nfunction , of an office holder, means a function of the office holder under—\nthis Act, other than the chief executive’s functions relating to—\nthe appointment of the chief inspector or inspectors; and\nthe appointment or assignment of official visitors; or\nanother Act relating to corrective services.\noffice holder means—\nthe chief executive; or\na corrective services officer.\ns 272 amd 2010 No. 37 s 177 sch ; 2023 No. 14 s 29\n(sec.272-ssec.1) The chief executive may, in writing, authorise an entity (an engaged service provider ) to perform an office holder’s functions ( authorised functions ).\n(sec.272-ssec.2) When performing authorised functions, an engaged service provider has the same powers as the office holder, including a power of delegation, but not including the power to authorise an engaged service provider under subsection (1) .\n(sec.272-ssec.3) The chief executive may give the authority subject to stated conditions, including, for example, a condition— that a particular power only be exercised subject to a decision of the chief executive; or a condition requiring the engaged service provider to obtain the chief executive’s approval before delegating a particular power imposing particular duties on the engaged service provider’s employees. a condition requiring the engaged service provider to ensure the provider’s employees receive the training required by the chief executive a condition requiring the engaged service provider to ensure the provider’s employees are subject to the approved code of conduct for public service agencies, and any approved standard of practice for the department, under the Public Sector Ethics Act 1994\n(sec.272-ssec.4) The authorisation of an engaged service provider to perform an authorised function does not relieve the chief executive of the chief executive’s obligation to ensure the function is properly performed.\n(sec.272-ssec.5) Laws apply to the engaged service provider, and to persons in relationship to the engaged service provider, in the performance of an authorised function, or in the exercise of a power for an authorised function, as if the engaged service provider were the officer holder.\n(sec.272-ssec.6) In this section— entity does not include a public service employee. function , of an office holder, means a function of the office holder under— this Act, other than the chief executive’s functions relating to— the appointment of the chief inspector or inspectors; and the appointment or assignment of official visitors; or another Act relating to corrective services. office holder means— the chief executive; or a corrective services officer.\n- (a) that a particular power only be exercised subject to a decision of the chief executive; or Example— a condition requiring the engaged service provider to obtain the chief executive’s approval before delegating a particular power\n- (b) imposing particular duties on the engaged service provider’s employees. Examples— • a condition requiring the engaged service provider to ensure the provider’s employees receive the training required by the chief executive • a condition requiring the engaged service provider to ensure the provider’s employees are subject to the approved code of conduct for public service agencies, and any approved standard of practice for the department, under the Public Sector Ethics Act 1994\n- • a condition requiring the engaged service provider to ensure the provider’s employees receive the training required by the chief executive\n- • a condition requiring the engaged service provider to ensure the provider’s employees are subject to the approved code of conduct for public service agencies, and any approved standard of practice for the department, under the Public Sector Ethics Act 1994\n- • a condition requiring the engaged service provider to ensure the provider’s employees receive the training required by the chief executive\n- • a condition requiring the engaged service provider to ensure the provider’s employees are subject to the approved code of conduct for public service agencies, and any approved standard of practice for the department, under the Public Sector Ethics Act 1994\n- (a) this Act, other than the chief executive’s functions relating to— (i) the appointment of the chief inspector or inspectors; and (ii) the appointment or assignment of official visitors; or\n- (i) the appointment of the chief inspector or inspectors; and\n- (ii) the appointment or assignment of official visitors; or\n- (b) another Act relating to corrective services.\n- (i) the appointment of the chief inspector or inspectors; and\n- (ii) the appointment or assignment of official visitors; or\n- (a) the chief executive; or\n- (b) a corrective services officer.","sortOrder":437},{"sectionNumber":"sec.273","sectionType":"section","heading":"Acts applying to engaged service provider","content":"### sec.273 Acts applying to engaged service provider\n\nThe Right to Information Act 2009 applies to an engaged service provider prescribed under a regulation as if—\nthe provider were an agency; and\nthe holder of a specified office, prescribed under a regulation, of the provider were the chief executive officer of the provider; and\nthe Minister were the responsible Minister.\nThe Crime and Corruption Act 2001 applies to an engaged service provider prescribed under a regulation as if—\nthe provider were a unit of public administration; and\nthe holder of a specified office, prescribed under a regulation, of the provider were the chief executive officer of the provider; and\na person employed by the provider were a person holding an appointment in a unit of public administration.\nSubject to sections 17 , 66 (5) , 68 (6) and 71 (4) , the Judicial Review Act 1991 applies to an engaged service provider prescribed under a regulation as if—\nthe provider were a State authority; and\na decision of an administrative character made, proposed to be made, or required to be made, by the provider or a person employed by the provider, whether or not in the exercise of a discretion, were a decision to which that Act applies.\nThe Ombudsman Act 2001 applies to an engaged service provider prescribed under a regulation as if—\nthe provider were an agency; and\nthe holder of a specified office, prescribed under a regulation, of the provider were the principal officer; and\na person employed by the provider were an officer of an agency; and\nthe Minister were the responsible Minister.\nThe Public Interest Disclosure Act 2010 applies to an engaged service provider as if—\nthe provider were a public sector entity; and\na person employed by the provider were a public officer; and\nthe chief executive of the provider were the chief executive officer of the provider.\ns 273 amd 2009 No. 13 s 213 sch 5 ; 2010 No. 38 s 78 sch 3 ; 2014 No. 21 s 94 (2) sch 2 ; 2020 No. 23 s 69 sch 1 pt 1 ; 2023 No. 32 s 141 s ch 1 pt 2\n(sec.273-ssec.1) The Right to Information Act 2009 applies to an engaged service provider prescribed under a regulation as if— the provider were an agency; and the holder of a specified office, prescribed under a regulation, of the provider were the chief executive officer of the provider; and the Minister were the responsible Minister.\n(sec.273-ssec.2) The Crime and Corruption Act 2001 applies to an engaged service provider prescribed under a regulation as if— the provider were a unit of public administration; and the holder of a specified office, prescribed under a regulation, of the provider were the chief executive officer of the provider; and a person employed by the provider were a person holding an appointment in a unit of public administration.\n(sec.273-ssec.3) Subject to sections 17 , 66 (5) , 68 (6) and 71 (4) , the Judicial Review Act 1991 applies to an engaged service provider prescribed under a regulation as if— the provider were a State authority; and a decision of an administrative character made, proposed to be made, or required to be made, by the provider or a person employed by the provider, whether or not in the exercise of a discretion, were a decision to which that Act applies.\n(sec.273-ssec.4) The Ombudsman Act 2001 applies to an engaged service provider prescribed under a regulation as if— the provider were an agency; and the holder of a specified office, prescribed under a regulation, of the provider were the principal officer; and a person employed by the provider were an officer of an agency; and the Minister were the responsible Minister.\n(sec.273-ssec.5) The Public Interest Disclosure Act 2010 applies to an engaged service provider as if— the provider were a public sector entity; and a person employed by the provider were a public officer; and the chief executive of the provider were the chief executive officer of the provider.\n- (a) the provider were an agency; and\n- (b) the holder of a specified office, prescribed under a regulation, of the provider were the chief executive officer of the provider; and\n- (c) the Minister were the responsible Minister.\n- (a) the provider were a unit of public administration; and\n- (b) the holder of a specified office, prescribed under a regulation, of the provider were the chief executive officer of the provider; and\n- (c) a person employed by the provider were a person holding an appointment in a unit of public administration.\n- (a) the provider were a State authority; and\n- (b) a decision of an administrative character made, proposed to be made, or required to be made, by the provider or a person employed by the provider, whether or not in the exercise of a discretion, were a decision to which that Act applies.\n- (a) the provider were an agency; and\n- (b) the holder of a specified office, prescribed under a regulation, of the provider were the principal officer; and\n- (c) a person employed by the provider were an officer of an agency; and\n- (d) the Minister were the responsible Minister.\n- (a) the provider were a public sector entity; and\n- (b) a person employed by the provider were a public officer; and\n- (c) the chief executive of the provider were the chief executive officer of the provider.","sortOrder":438},{"sectionNumber":"sec.274","sectionType":"section","heading":"Review of engaged service provider’s performance","content":"### sec.274 Review of engaged service provider’s performance\n\nThe chief executive may appoint an appropriately qualified person to review an engaged service provider’s performance of its authorised functions.\nThe engaged service provider must allow the person unlimited access to—\nrecords relating to the performance of the authorised functions; or\npersons employed or engaged by the provider; or\nif the functions relate to the management of prisoners—the relevant corrective services facility; or\nanything else stated in the appointment.\nThe person must prepare a report on the review for the chief executive.\n(sec.274-ssec.1) The chief executive may appoint an appropriately qualified person to review an engaged service provider’s performance of its authorised functions.\n(sec.274-ssec.2) The engaged service provider must allow the person unlimited access to— records relating to the performance of the authorised functions; or persons employed or engaged by the provider; or if the functions relate to the management of prisoners—the relevant corrective services facility; or anything else stated in the appointment.\n(sec.274-ssec.3) The person must prepare a report on the review for the chief executive.\n- (a) records relating to the performance of the authorised functions; or\n- (b) persons employed or engaged by the provider; or\n- (c) if the functions relate to the management of prisoners—the relevant corrective services facility; or\n- (d) anything else stated in the appointment.","sortOrder":439},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Corrective services officers","content":"# Corrective services officers","sortOrder":440},{"sectionNumber":"sec.275","sectionType":"section","heading":"Appointing corrective services officers","content":"### sec.275 Appointing corrective services officers\n\nThe chief executive may appoint an appropriately qualified public service officer, or another appropriately qualified person, as a corrective services officer.","sortOrder":441},{"sectionNumber":"sec.276","sectionType":"section","heading":"Powers of corrective services officer","content":"### sec.276 Powers of corrective services officer\n\nA corrective services officer—\nhas the powers given to the officer under an Act; and\nis subject to the directions of the chief executive in exercising the powers.\nThe powers may be limited—\nunder a regulation; or\nunder a condition of appointment; or\nby written notice given by the chief executive to the corrective services officer.\n(sec.276-ssec.1) A corrective services officer— has the powers given to the officer under an Act; and is subject to the directions of the chief executive in exercising the powers.\n(sec.276-ssec.2) The powers may be limited— under a regulation; or under a condition of appointment; or by written notice given by the chief executive to the corrective services officer.\n- (a) has the powers given to the officer under an Act; and\n- (b) is subject to the directions of the chief executive in exercising the powers.\n- (a) under a regulation; or\n- (b) under a condition of appointment; or\n- (c) by written notice given by the chief executive to the corrective services officer.","sortOrder":442},{"sectionNumber":"sec.277","sectionType":"section","heading":"Issue of identity card","content":"### sec.277 Issue of identity card\n\nThe chief executive must issue an identity card to each corrective services officer.\nThe identity card must—\ncontain a recent photo of the corrective services officer; and\ncontain a copy of the corrective services officer’s signature; and\nidentify the person as a corrective services officer; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n(sec.277-ssec.1) The chief executive must issue an identity card to each corrective services officer.\n(sec.277-ssec.2) The identity card must— contain a recent photo of the corrective services officer; and contain a copy of the corrective services officer’s signature; and identify the person as a corrective services officer; and state an expiry date for the card.\n(sec.277-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the corrective services officer; and\n- (b) contain a copy of the corrective services officer’s signature; and\n- (c) identify the person as a corrective services officer; and\n- (d) state an expiry date for the card.","sortOrder":443},{"sectionNumber":"sec.278","sectionType":"section","heading":"Production or display of identity card","content":"### sec.278 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person, a corrective services officer must—\nproduce the officer’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, subsection (1) does not apply if it is not practicable, in the circumstances, to comply with the subsection.\n(sec.278-ssec.1) In exercising a power under this Act in relation to a person, a corrective services officer must— produce the officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.278-ssec.2) However, subsection (1) does not apply if it is not practicable, in the circumstances, to comply with the subsection.\n- (a) produce the officer’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":444},{"sectionNumber":"sec.279","sectionType":"section","heading":"Corrective services dog","content":"### sec.279 Corrective services dog\n\nThe chief executive may, in the approved form, certify that a dog is a corrective services dog.","sortOrder":445},{"sectionNumber":"sec.280","sectionType":"section","heading":"Use of corrective services dog","content":"### sec.280 Use of corrective services dog\n\nA corrective services dog may be used—\nto search for prohibited things; or\nA corrective services dog may be used to do a scanning search of persons in a corrective services facility for drugs.\nto search for prisoners; or\nto restrain a prisoner; or\nfor the security or good order of a corrective services facility; or\nif it is reasonably necessary to help a corrective services officer perform functions under this Act.\nSubsection (1) (c) to (e) applies subject to the requirements of chapter 3 , part 5 .\nChapter 3 , part 5 deals with the use of force.\n(sec.280-ssec.1) A corrective services dog may be used— to search for prohibited things; or A corrective services dog may be used to do a scanning search of persons in a corrective services facility for drugs. to search for prisoners; or to restrain a prisoner; or for the security or good order of a corrective services facility; or if it is reasonably necessary to help a corrective services officer perform functions under this Act.\n(sec.280-ssec.2) Subsection (1) (c) to (e) applies subject to the requirements of chapter 3 , part 5 . Chapter 3 , part 5 deals with the use of force.\n- (a) to search for prohibited things; or Example— A corrective services dog may be used to do a scanning search of persons in a corrective services facility for drugs.\n- (b) to search for prisoners; or\n- (c) to restrain a prisoner; or\n- (d) for the security or good order of a corrective services facility; or\n- (e) if it is reasonably necessary to help a corrective services officer perform functions under this Act.","sortOrder":446},{"sectionNumber":"sec.281","sectionType":"section","heading":"Corrective services dog may accompany corrective services officer","content":"### sec.281 Corrective services dog may accompany corrective services officer\n\nA corrective services dog under the control of a corrective services officer who is performing duties under this Act may enter and remain on any place that the officer may lawfully enter or remain on.\nSubsection (1) applies despite the provisions of any other Act or law.\n(sec.281-ssec.1) A corrective services dog under the control of a corrective services officer who is performing duties under this Act may enter and remain on any place that the officer may lawfully enter or remain on.\n(sec.281-ssec.2) Subsection (1) applies despite the provisions of any other Act or law.","sortOrder":447},{"sectionNumber":"sec.282","sectionType":"section","heading":"Application of local laws","content":"### sec.282 Application of local laws\n\nThe provisions of a local law do not apply to—\na corrective services dog; or\na corrective services officer handling a corrective services dog in relation to anything done by the officer in performing the officer’s duties under this Act.\n- (a) a corrective services dog; or\n- (b) a corrective services officer handling a corrective services dog in relation to anything done by the officer in performing the officer’s duties under this Act.","sortOrder":448},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":449},{"sectionNumber":"sec.283","sectionType":"section","heading":null,"content":"### Section sec.283\n\ns 283 amd 2009 No. 25 s 83 sch\nom 2020 No. 23 s 43","sortOrder":450},{"sectionNumber":"sec.284","sectionType":"section","heading":null,"content":"### Section sec.284\n\ns 284 om 2020 No. 23 s 43","sortOrder":451},{"sectionNumber":"ch.6-pt.6","sectionType":"part","heading":"Official visitors","content":"# Official visitors","sortOrder":452},{"sectionNumber":"sec.285","sectionType":"section","heading":"Appointing official visitor","content":"### sec.285 Appointing official visitor\n\nThe chief executive may appoint an appropriately qualified person as an official visitor for a period of up to 3 years.\nThe person may be reappointed 1 or more times, for a period of up to 3 years, if the chief executive is satisfied—\nthe person continues to be appropriately qualified; and\nreappointing the person is likely to benefit a corrective services facility or prisoners of a corrective services facility.\nThe chief executive must not appoint as an official visitor—\nan employee of a public sector entity; or\nan employee of an engaged service provider.\nThe person is appointed under this Act and not the Public Sector Act 2022 .\nThe official visitor is prescribed not to be a public sector employee for the Public Sector Act 2022 , section 12 (2) (g) .\ns 285 amd 2022 No. 34 s 339 ; 2023 No. 14 s 30\n(sec.285-ssec.1) The chief executive may appoint an appropriately qualified person as an official visitor for a period of up to 3 years.\n(sec.285-ssec.2) The person may be reappointed 1 or more times, for a period of up to 3 years, if the chief executive is satisfied— the person continues to be appropriately qualified; and reappointing the person is likely to benefit a corrective services facility or prisoners of a corrective services facility.\n(sec.285-ssec.3) The chief executive must not appoint as an official visitor— an employee of a public sector entity; or an employee of an engaged service provider.\n(sec.285-ssec.4) The person is appointed under this Act and not the Public Sector Act 2022 .\n(sec.285-ssec.5) The official visitor is prescribed not to be a public sector employee for the Public Sector Act 2022 , section 12 (2) (g) .\n- (a) the person continues to be appropriately qualified; and\n- (b) reappointing the person is likely to benefit a corrective services facility or prisoners of a corrective services facility.\n- (a) an employee of a public sector entity; or\n- (b) an employee of an engaged service provider.","sortOrder":453},{"sectionNumber":"sec.286","sectionType":"section","heading":"Assigning official visitor to corrective services facility","content":"### sec.286 Assigning official visitor to corrective services facility\n\nThe chief executive must ensure that—\nif 2 or more official visitors are assigned to visit a corrective services facility, at least 1 of the official visitors is a lawyer; and\nif a significant proportion of prisoners in custody in a corrective services facility are Aboriginal or Torres Strait Islander prisoners, at least 1 of the official visitors assigned to visit the facility is an Aboriginal or Torres Strait Islander person; and\nat least 1 of the official visitors assigned to visit a corrective services facility for female prisoners is a woman.\nAn official visitor must visit the corrective services facility to which the official visitor has been assigned—\nonce each month, unless otherwise directed by the chief executive; and\nwhen asked to do so by the chief executive.\nIf an official visitor is unable to visit a corrective services facility as required by subsection (2) , the official visitor must immediately notify the chief executive.\n(sec.286-ssec.1) The chief executive must ensure that— if 2 or more official visitors are assigned to visit a corrective services facility, at least 1 of the official visitors is a lawyer; and if a significant proportion of prisoners in custody in a corrective services facility are Aboriginal or Torres Strait Islander prisoners, at least 1 of the official visitors assigned to visit the facility is an Aboriginal or Torres Strait Islander person; and at least 1 of the official visitors assigned to visit a corrective services facility for female prisoners is a woman.\n(sec.286-ssec.2) An official visitor must visit the corrective services facility to which the official visitor has been assigned— once each month, unless otherwise directed by the chief executive; and when asked to do so by the chief executive.\n(sec.286-ssec.3) If an official visitor is unable to visit a corrective services facility as required by subsection (2) , the official visitor must immediately notify the chief executive.\n- (a) if 2 or more official visitors are assigned to visit a corrective services facility, at least 1 of the official visitors is a lawyer; and\n- (b) if a significant proportion of prisoners in custody in a corrective services facility are Aboriginal or Torres Strait Islander prisoners, at least 1 of the official visitors assigned to visit the facility is an Aboriginal or Torres Strait Islander person; and\n- (c) at least 1 of the official visitors assigned to visit a corrective services facility for female prisoners is a woman.\n- (a) once each month, unless otherwise directed by the chief executive; and\n- (b) when asked to do so by the chief executive.","sortOrder":454},{"sectionNumber":"sec.287","sectionType":"section","heading":"Remuneration, allowances and expenses","content":"### sec.287 Remuneration, allowances and expenses\n\nAn official visitor is entitled to the remuneration, allowances and expenses approved by the chief executive.","sortOrder":455},{"sectionNumber":"sec.288","sectionType":"section","heading":"Terminating appointment","content":"### sec.288 Terminating appointment\n\nThe chief executive may terminate an official visitor’s appointment if the official visitor—\nis convicted of an indictable offence; or\nfails to perform the functions of an official visitor under this Act; or\nwhile acting as an official visitor, solicits business or otherwise fails to act properly in a matter in which the official visitor’s personal interest conflicts with the public interest; or\ndoes anything else the chief executive reasonably considers is adequate justification for terminating the appointment.\nAn official visitor may resign by signed notice given to the chief executive.\n(sec.288-ssec.1) The chief executive may terminate an official visitor’s appointment if the official visitor— is convicted of an indictable offence; or fails to perform the functions of an official visitor under this Act; or while acting as an official visitor, solicits business or otherwise fails to act properly in a matter in which the official visitor’s personal interest conflicts with the public interest; or does anything else the chief executive reasonably considers is adequate justification for terminating the appointment.\n(sec.288-ssec.2) An official visitor may resign by signed notice given to the chief executive.\n- (a) is convicted of an indictable offence; or\n- (b) fails to perform the functions of an official visitor under this Act; or\n- (c) while acting as an official visitor, solicits business or otherwise fails to act properly in a matter in which the official visitor’s personal interest conflicts with the public interest; or\n- (d) does anything else the chief executive reasonably considers is adequate justification for terminating the appointment.","sortOrder":456},{"sectionNumber":"sec.289","sectionType":"section","heading":"Prisoner’s request to see official visitor","content":"### sec.289 Prisoner’s request to see official visitor\n\nIf a prisoner indicates to a corrective services officer that the prisoner wants to see an official visitor, the corrective services officer must—\nrecord the fact in an official visitor register; and\nadvise an official visitor of the fact when the official visitor next visits the corrective services facility.\nA prisoner is not required, and must not be asked, to tell a corrective services officer why the prisoner wants to see an official visitor.\n(sec.289-ssec.1) If a prisoner indicates to a corrective services officer that the prisoner wants to see an official visitor, the corrective services officer must— record the fact in an official visitor register; and advise an official visitor of the fact when the official visitor next visits the corrective services facility.\n(sec.289-ssec.2) A prisoner is not required, and must not be asked, to tell a corrective services officer why the prisoner wants to see an official visitor.\n- (a) record the fact in an official visitor register; and\n- (b) advise an official visitor of the fact when the official visitor next visits the corrective services facility.","sortOrder":457},{"sectionNumber":"sec.290","sectionType":"section","heading":"Official visitor’s function","content":"### sec.290 Official visitor’s function\n\nAn official visitor must investigate a complaint made by a prisoner, but only if the complaint is—\nmade by a prisoner at the corrective services facility to which the official visitor is assigned; and\nabout an act or omission of any of the following relating to the prisoner, whether the act was done or omission made before or after the commencement of this section—\nthe chief executive;\na person purportedly performing a function, or exercising a power, of the chief executive;\na corrective services officer.\nHowever, an official visitor must not investigate a complaint if—\nit involves a matter that is currently before a court or tribunal; or\nit can be more appropriately dealt with by another person or agency; or\nit is made by a prisoner with whom the official visitor had a prior personal or professional relationship; or\nthe official visitor’s personal interest in the prisoner conflicts with the public interest; or\nthe official visitor reasonably suspects the complaint involves or may involve corrupt conduct, unless the chief executive has advised the official visitor that—\nthe complaint has been referred to the Crime and Corruption Commission; and\nthe Crime and Corruption Commission’s chairperson has advised the chief executive that the commission does not intend to investigate the complaint; or\nthe official visitor reasonably believes the complaint is frivolous or vexatious.\nAn official visitor must act impartially when investigating a complaint.\nAn official visitor may arrange for another official visitor assigned to the same corrective services facility to investigate a complaint if—\nthe other official visitor agrees; and\nthe prisoner is not significantly prejudiced by a delay because of the arrangement.\nAfter investigating a complaint, an official visitor—\nmay make a recommendation to the chief executive; and\nmust advise the prisoner—\nwhether the official visitor has made a recommendation to the chief executive; and\nif a recommendation has been made—the terms of the recommendation, without disclosing confidential information.\nTo remove any doubt, it is declared that—\nthe chief executive is not bound by an official visitor’s recommendation; and\nan official visitor can not overrule a decision about which a complaint has been made.\ns 290 amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.290-ssec.1) An official visitor must investigate a complaint made by a prisoner, but only if the complaint is— made by a prisoner at the corrective services facility to which the official visitor is assigned; and about an act or omission of any of the following relating to the prisoner, whether the act was done or omission made before or after the commencement of this section— the chief executive; a person purportedly performing a function, or exercising a power, of the chief executive; a corrective services officer.\n(sec.290-ssec.2) However, an official visitor must not investigate a complaint if— it involves a matter that is currently before a court or tribunal; or it can be more appropriately dealt with by another person or agency; or it is made by a prisoner with whom the official visitor had a prior personal or professional relationship; or the official visitor’s personal interest in the prisoner conflicts with the public interest; or the official visitor reasonably suspects the complaint involves or may involve corrupt conduct, unless the chief executive has advised the official visitor that— the complaint has been referred to the Crime and Corruption Commission; and the Crime and Corruption Commission’s chairperson has advised the chief executive that the commission does not intend to investigate the complaint; or the official visitor reasonably believes the complaint is frivolous or vexatious.\n(sec.290-ssec.3) An official visitor must act impartially when investigating a complaint.\n(sec.290-ssec.4) An official visitor may arrange for another official visitor assigned to the same corrective services facility to investigate a complaint if— the other official visitor agrees; and the prisoner is not significantly prejudiced by a delay because of the arrangement.\n(sec.290-ssec.5) After investigating a complaint, an official visitor— may make a recommendation to the chief executive; and must advise the prisoner— whether the official visitor has made a recommendation to the chief executive; and if a recommendation has been made—the terms of the recommendation, without disclosing confidential information.\n(sec.290-ssec.6) To remove any doubt, it is declared that— the chief executive is not bound by an official visitor’s recommendation; and an official visitor can not overrule a decision about which a complaint has been made.\n- (a) made by a prisoner at the corrective services facility to which the official visitor is assigned; and\n- (b) about an act or omission of any of the following relating to the prisoner, whether the act was done or omission made before or after the commencement of this section— (i) the chief executive; (ii) a person purportedly performing a function, or exercising a power, of the chief executive; (iii) a corrective services officer.\n- (i) the chief executive;\n- (ii) a person purportedly performing a function, or exercising a power, of the chief executive;\n- (iii) a corrective services officer.\n- (i) the chief executive;\n- (ii) a person purportedly performing a function, or exercising a power, of the chief executive;\n- (iii) a corrective services officer.\n- (a) it involves a matter that is currently before a court or tribunal; or\n- (b) it can be more appropriately dealt with by another person or agency; or\n- (c) it is made by a prisoner with whom the official visitor had a prior personal or professional relationship; or\n- (d) the official visitor’s personal interest in the prisoner conflicts with the public interest; or\n- (e) the official visitor reasonably suspects the complaint involves or may involve corrupt conduct, unless the chief executive has advised the official visitor that— (i) the complaint has been referred to the Crime and Corruption Commission; and (ii) the Crime and Corruption Commission’s chairperson has advised the chief executive that the commission does not intend to investigate the complaint; or\n- (i) the complaint has been referred to the Crime and Corruption Commission; and\n- (ii) the Crime and Corruption Commission’s chairperson has advised the chief executive that the commission does not intend to investigate the complaint; or\n- (f) the official visitor reasonably believes the complaint is frivolous or vexatious.\n- (i) the complaint has been referred to the Crime and Corruption Commission; and\n- (ii) the Crime and Corruption Commission’s chairperson has advised the chief executive that the commission does not intend to investigate the complaint; or\n- (a) the other official visitor agrees; and\n- (b) the prisoner is not significantly prejudiced by a delay because of the arrangement.\n- (a) may make a recommendation to the chief executive; and\n- (b) must advise the prisoner— (i) whether the official visitor has made a recommendation to the chief executive; and (ii) if a recommendation has been made—the terms of the recommendation, without disclosing confidential information.\n- (i) whether the official visitor has made a recommendation to the chief executive; and\n- (ii) if a recommendation has been made—the terms of the recommendation, without disclosing confidential information.\n- (i) whether the official visitor has made a recommendation to the chief executive; and\n- (ii) if a recommendation has been made—the terms of the recommendation, without disclosing confidential information.\n- (a) the chief executive is not bound by an official visitor’s recommendation; and\n- (b) an official visitor can not overrule a decision about which a complaint has been made.","sortOrder":458},{"sectionNumber":"sec.291","sectionType":"section","heading":"Official visitor powers","content":"### sec.291 Official visitor powers\n\nAn official visitor assigned to a corrective services facility may—\nenter the facility at any time, except when a declaration of emergency is in force for the facility under section 271B ; and\non request, have access to a place where the official visitor may interview a prisoner out of the hearing of other persons; and\ninspect and copy, at the facility, any document kept under this Act relating to a complaint the official visitor is investigating, other than a document to which legal professional privilege attaches.\nThe chief executive must give an official visitor reasonable help to exercise a power given to the official visitor under this Act.\ns 291 amd 2023 No. 14 s 52 sch 1\n(sec.291-ssec.1) An official visitor assigned to a corrective services facility may— enter the facility at any time, except when a declaration of emergency is in force for the facility under section 271B ; and on request, have access to a place where the official visitor may interview a prisoner out of the hearing of other persons; and inspect and copy, at the facility, any document kept under this Act relating to a complaint the official visitor is investigating, other than a document to which legal professional privilege attaches.\n(sec.291-ssec.2) The chief executive must give an official visitor reasonable help to exercise a power given to the official visitor under this Act.\n- (a) enter the facility at any time, except when a declaration of emergency is in force for the facility under section 271B ; and\n- (b) on request, have access to a place where the official visitor may interview a prisoner out of the hearing of other persons; and\n- (c) inspect and copy, at the facility, any document kept under this Act relating to a complaint the official visitor is investigating, other than a document to which legal professional privilege attaches.","sortOrder":459},{"sectionNumber":"sec.292","sectionType":"section","heading":"Official visitor reports","content":"### sec.292 Official visitor reports\n\nAn official visitor must give to the chief executive—\nif asked by the chief executive, a written report about an investigation; and\neach month, a written report summarising the number and types of complaints the official visitor has investigated.\ns 292 amd 2009 No. 30 s 33\n- (a) if asked by the chief executive, a written report about an investigation; and\n- (b) each month, a written report summarising the number and types of complaints the official visitor has investigated.","sortOrder":460},{"sectionNumber":"ch.6-pt.7","sectionType":"part","heading":"Elders, respected persons and spiritual healers","content":"# Elders, respected persons and spiritual healers","sortOrder":461},{"sectionNumber":"sec.293","sectionType":"section","heading":"Appointing elders, respected persons and spiritual healers","content":"### sec.293 Appointing elders, respected persons and spiritual healers\n\nThe chief executive may appoint an Aboriginal or Torres Strait Islander elder, respected person or indigenous spiritual healer for a corrective services facility.","sortOrder":462},{"sectionNumber":"ch.6-pt.8","sectionType":"part","heading":"Inspectors","content":"# Inspectors","sortOrder":463},{"sectionNumber":"ch.6-pt.8-div.1","sectionType":"division","heading":"Appointment","content":"## Appointment","sortOrder":464},{"sectionNumber":"sec.294","sectionType":"section","heading":"Appointment and functions of inspectors","content":"### sec.294 Appointment and functions of inspectors\n\nThe chief executive may appoint an appropriately qualified person as an inspector.\nThe function of an inspector is—\nto investigate an incident; or\nto investigate alleged misconduct or alleged corrupt conduct of a staff member; or\nto inspect a corrective services facility or a community corrections office; or\nto review the operations of a corrective services facility or a community corrections office; or\nto review services offered at a corrective services facility or a community corrections office; or\nto review services provided under this Act by corrective services officers to support the proper officer of a court.\nThe support provided under this Act comprises—\nhelping the proper officer of a court under section 308 ; and\nperforming functions and exercising powers delegated to corrective services officers by the proper officer of a court under section 309 .\ns 294 amd 2020 No. 23 s 44 ; 2024 No. 25 s 20\n(sec.294-ssec.1) The chief executive may appoint an appropriately qualified person as an inspector.\n(sec.294-ssec.2) The function of an inspector is— to investigate an incident; or to investigate alleged misconduct or alleged corrupt conduct of a staff member; or to inspect a corrective services facility or a community corrections office; or to review the operations of a corrective services facility or a community corrections office; or to review services offered at a corrective services facility or a community corrections office; or to review services provided under this Act by corrective services officers to support the proper officer of a court. The support provided under this Act comprises— helping the proper officer of a court under section 308 ; and performing functions and exercising powers delegated to corrective services officers by the proper officer of a court under section 309 .\n- (a) to investigate an incident; or\n- (b) to investigate alleged misconduct or alleged corrupt conduct of a staff member; or\n- (c) to inspect a corrective services facility or a community corrections office; or\n- (d) to review the operations of a corrective services facility or a community corrections office; or\n- (e) to review services offered at a corrective services facility or a community corrections office; or\n- (f) to review services provided under this Act by corrective services officers to support the proper officer of a court. Note— The support provided under this Act comprises— (a) helping the proper officer of a court under section 308 ; and (b) performing functions and exercising powers delegated to corrective services officers by the proper officer of a court under section 309 .\n- (a) helping the proper officer of a court under section 308 ; and\n- (b) performing functions and exercising powers delegated to corrective services officers by the proper officer of a court under section 309 .\n- (a) helping the proper officer of a court under section 308 ; and\n- (b) performing functions and exercising powers delegated to corrective services officers by the proper officer of a court under section 309 .","sortOrder":465},{"sectionNumber":"sec.295","sectionType":"section","heading":"Appointing inspectors for an incident","content":"### sec.295 Appointing inspectors for an incident\n\nFor each incident, the chief executive must appoint at least 2 inspectors.\nAt least 1 of the inspectors must be—\na person who is not an employee of—\nthe department; or\nan engaged service provider that administers the corrective services facility at which the incident happened; and\nif the incident involves an Aboriginal or Torres Strait Islander prisoner—an Aboriginal or Torres Strait Islander person.\nHowever, the chief executive need not appoint inspectors to investigate an incident if the incident is being investigated by an officer of a law enforcement agency.\n(sec.295-ssec.1) For each incident, the chief executive must appoint at least 2 inspectors.\n(sec.295-ssec.2) At least 1 of the inspectors must be— a person who is not an employee of— the department; or an engaged service provider that administers the corrective services facility at which the incident happened; and if the incident involves an Aboriginal or Torres Strait Islander prisoner—an Aboriginal or Torres Strait Islander person.\n(sec.295-ssec.3) However, the chief executive need not appoint inspectors to investigate an incident if the incident is being investigated by an officer of a law enforcement agency.\n- (a) a person who is not an employee of— (i) the department; or (ii) an engaged service provider that administers the corrective services facility at which the incident happened; and\n- (i) the department; or\n- (ii) an engaged service provider that administers the corrective services facility at which the incident happened; and\n- (b) if the incident involves an Aboriginal or Torres Strait Islander prisoner—an Aboriginal or Torres Strait Islander person.\n- (i) the department; or\n- (ii) an engaged service provider that administers the corrective services facility at which the incident happened; and","sortOrder":466},{"sectionNumber":"sec.296","sectionType":"section","heading":"Appointing chief inspector","content":"### sec.296 Appointing chief inspector\n\nThe chief executive may appoint an inspector who is a public service officer to be the chief inspector.\nIn addition to the functions of an inspector, the chief inspector has the function to coordinate—\nthe official visitor scheme established for this Act; and\ninspections and reviews mentioned in section 294 (2) .\n(sec.296-ssec.1) The chief executive may appoint an inspector who is a public service officer to be the chief inspector.\n(sec.296-ssec.2) In addition to the functions of an inspector, the chief inspector has the function to coordinate— the official visitor scheme established for this Act; and inspections and reviews mentioned in section 294 (2) .\n- (a) the official visitor scheme established for this Act; and\n- (b) inspections and reviews mentioned in section 294 (2) .","sortOrder":467},{"sectionNumber":"sec.297","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.297 Appointment conditions and limit on powers\n\nAn inspector holds office on any conditions stated in—\nthe inspector’s instrument of appointment; or\na signed notice given to the inspector; or\na regulation.\nAn inspector who is not a public service officer is entitled to the remuneration, allowances and expenses approved by the chief executive.\nThe instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by the chief executive.\n(sec.297-ssec.1) An inspector holds office on any conditions stated in— the inspector’s instrument of appointment; or a signed notice given to the inspector; or a regulation.\n(sec.297-ssec.2) An inspector who is not a public service officer is entitled to the remuneration, allowances and expenses approved by the chief executive.\n(sec.297-ssec.3) The instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers under this Act.\n(sec.297-ssec.4) In this section— signed notice means a notice signed by the chief executive.\n- (a) the inspector’s instrument of appointment; or\n- (b) a signed notice given to the inspector; or\n- (c) a regulation.","sortOrder":468},{"sectionNumber":"sec.298","sectionType":"section","heading":"Issue of identity card","content":"### sec.298 Issue of identity card\n\nThe chief executive must issue an identity card to each inspector.\nThe identity card must—\ncontain a recent photo of the inspector; and\ncontain a copy of the inspector’s signature; and\nidentify the person as an inspector under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n(sec.298-ssec.1) The chief executive must issue an identity card to each inspector.\n(sec.298-ssec.2) The identity card must— contain a recent photo of the inspector; and contain a copy of the inspector’s signature; and identify the person as an inspector under this Act; and state an expiry date for the card.\n(sec.298-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the inspector; and\n- (b) contain a copy of the inspector’s signature; and\n- (c) identify the person as an inspector under this Act; and\n- (d) state an expiry date for the card.","sortOrder":469},{"sectionNumber":"sec.299","sectionType":"section","heading":"Production or display of identity card","content":"### sec.299 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person, an inspector must—\nproduce the inspector’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.299-ssec.1) In exercising a power under this Act in relation to a person, an inspector must— produce the inspector’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.299-ssec.2) However, if it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\n- (a) produce the inspector’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":470},{"sectionNumber":"sec.300","sectionType":"section","heading":"When inspector ceases to hold office","content":"### sec.300 When inspector ceases to hold office\n\nAn inspector ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the inspector ceases to hold office;\nthe inspector’s resignation under section 301 takes effect.\nSubsection (1) does not limit the ways an inspector may cease to hold office.\nIn this section—\ncondition of office means a condition on which the inspector holds office.\n(sec.300-ssec.1) An inspector ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the inspector ceases to hold office; the inspector’s resignation under section 301 takes effect.\n(sec.300-ssec.2) Subsection (1) does not limit the ways an inspector may cease to hold office.\n(sec.300-ssec.3) In this section— condition of office means a condition on which the inspector holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the inspector ceases to hold office;\n- (c) the inspector’s resignation under section 301 takes effect.","sortOrder":471},{"sectionNumber":"sec.301","sectionType":"section","heading":"Resignation","content":"### sec.301 Resignation\n\nAn inspector may resign by signed notice given to the chief executive.","sortOrder":472},{"sectionNumber":"sec.302","sectionType":"section","heading":"Return of identity card","content":"### sec.302 Return of identity card\n\nA person who ceases to be an inspector must return the person’s identity card to the chief executive within 14 days after ceasing to be an inspector, unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.","sortOrder":473},{"sectionNumber":"ch.6-pt.8-div.2","sectionType":"division","heading":"Powers","content":"## Powers","sortOrder":474},{"sectionNumber":"sec.303","sectionType":"section","heading":"Inspector’s powers generally","content":"### sec.303 Inspector’s powers generally\n\nFor performing a function mentioned in section 294 (2) , an inspector may—\nat any time, enter—\na corrective services facility; or\na community corrections office; or\ninterview any prisoner or staff member; or\non request, have access to a place in a corrective services facility or community corrections office where the inspector may interview a prisoner or staff member out of the hearing of other persons; or\ninspect and copy any document kept at a corrective services facility or community corrections office that is relevant to the performance by the inspector of the function for which the inspector was appointed, other than a document to which legal professional privilege attaches.\nA corrective services officer must give the inspector reasonable help to exercise a power given to the inspector under this Act.\ns 303 amd 2020 No. 23 s 45\n(sec.303-ssec.1) For performing a function mentioned in section 294 (2) , an inspector may— at any time, enter— a corrective services facility; or a community corrections office; or interview any prisoner or staff member; or on request, have access to a place in a corrective services facility or community corrections office where the inspector may interview a prisoner or staff member out of the hearing of other persons; or inspect and copy any document kept at a corrective services facility or community corrections office that is relevant to the performance by the inspector of the function for which the inspector was appointed, other than a document to which legal professional privilege attaches.\n(sec.303-ssec.2) A corrective services officer must give the inspector reasonable help to exercise a power given to the inspector under this Act.\n- (a) at any time, enter— (i) a corrective services facility; or (ii) a community corrections office; or\n- (i) a corrective services facility; or\n- (ii) a community corrections office; or\n- (b) interview any prisoner or staff member; or\n- (c) on request, have access to a place in a corrective services facility or community corrections office where the inspector may interview a prisoner or staff member out of the hearing of other persons; or\n- (d) inspect and copy any document kept at a corrective services facility or community corrections office that is relevant to the performance by the inspector of the function for which the inspector was appointed, other than a document to which legal professional privilege attaches.\n- (i) a corrective services facility; or\n- (ii) a community corrections office; or","sortOrder":475},{"sectionNumber":"sec.303A","sectionType":"section","heading":"Inspector’s powers relating to the proper officer of a court","content":"### sec.303A Inspector’s powers relating to the proper officer of a court\n\nFor conducting a review under section 294 (2) (f) of services provided by corrective services officers to the proper officer of a court, an inspector may—\nwith the consent or at the request of the proper officer—\nenter an area in the court facilities not open to members of the public; and\ninterview any prisoner, staff member, or court officer present at the facilities; and\nhave access to a place in the facilities where the inspector may conduct an interview under subparagraph (ii) out of the hearing of other persons; and\ninspect and copy a document kept at the facilities that is relevant to services provided by corrective services officers, other than a document to which legal professional privilege attaches; and\nrequest the proper officer to give stated information relevant to the review.\nThe proper officer of a court is not under an obligation to give information requested by an inspector but, if the request is refused, the proper officer must give the inspector a written notice stating the reasons for the refusal.\ns 303A ins 2024 No. 25 s 21\n(sec.303A-ssec.1) For conducting a review under section 294 (2) (f) of services provided by corrective services officers to the proper officer of a court, an inspector may— with the consent or at the request of the proper officer— enter an area in the court facilities not open to members of the public; and interview any prisoner, staff member, or court officer present at the facilities; and have access to a place in the facilities where the inspector may conduct an interview under subparagraph (ii) out of the hearing of other persons; and inspect and copy a document kept at the facilities that is relevant to services provided by corrective services officers, other than a document to which legal professional privilege attaches; and request the proper officer to give stated information relevant to the review.\n(sec.303A-ssec.2) The proper officer of a court is not under an obligation to give information requested by an inspector but, if the request is refused, the proper officer must give the inspector a written notice stating the reasons for the refusal.\n- (a) with the consent or at the request of the proper officer— (i) enter an area in the court facilities not open to members of the public; and (ii) interview any prisoner, staff member, or court officer present at the facilities; and (iii) have access to a place in the facilities where the inspector may conduct an interview under subparagraph (ii) out of the hearing of other persons; and (iv) inspect and copy a document kept at the facilities that is relevant to services provided by corrective services officers, other than a document to which legal professional privilege attaches; and\n- (i) enter an area in the court facilities not open to members of the public; and\n- (ii) interview any prisoner, staff member, or court officer present at the facilities; and\n- (iii) have access to a place in the facilities where the inspector may conduct an interview under subparagraph (ii) out of the hearing of other persons; and\n- (iv) inspect and copy a document kept at the facilities that is relevant to services provided by corrective services officers, other than a document to which legal professional privilege attaches; and\n- (b) request the proper officer to give stated information relevant to the review.\n- (i) enter an area in the court facilities not open to members of the public; and\n- (ii) interview any prisoner, staff member, or court officer present at the facilities; and\n- (iii) have access to a place in the facilities where the inspector may conduct an interview under subparagraph (ii) out of the hearing of other persons; and\n- (iv) inspect and copy a document kept at the facilities that is relevant to services provided by corrective services officers, other than a document to which legal professional privilege attaches; and","sortOrder":476},{"sectionNumber":"sec.304","sectionType":"section","heading":"Inspector’s power to require information","content":"### sec.304 Inspector’s power to require information\n\nThis section applies if an inspector investigating an incident, or alleged misconduct or alleged corrupt conduct of a staff member, reasonably believes a person performing a function under this Act may be able to give information about the incident or alleged misconduct or alleged corrupt conduct.\nThe inspector may require the person to give information about the incident or alleged misconduct or alleged corrupt conduct.\nWhen making the requirement, the inspector must warn the person it is an offence for the person not to give the information, unless the person has a reasonable excuse.\nThe person must give the information, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units or 6 months imprisonment.\nIt is a reasonable excuse for an individual to fail to give the information if giving the information might tend to incriminate the individual.\ns 304 amd 2020 No. 23 s 46\n(sec.304-ssec.1) This section applies if an inspector investigating an incident, or alleged misconduct or alleged corrupt conduct of a staff member, reasonably believes a person performing a function under this Act may be able to give information about the incident or alleged misconduct or alleged corrupt conduct.\n(sec.304-ssec.2) The inspector may require the person to give information about the incident or alleged misconduct or alleged corrupt conduct.\n(sec.304-ssec.3) When making the requirement, the inspector must warn the person it is an offence for the person not to give the information, unless the person has a reasonable excuse.\n(sec.304-ssec.4) The person must give the information, unless the person has a reasonable excuse. Maximum penalty—40 penalty units or 6 months imprisonment.\n(sec.304-ssec.5) It is a reasonable excuse for an individual to fail to give the information if giving the information might tend to incriminate the individual.","sortOrder":477},{"sectionNumber":"sec.305","sectionType":"section","heading":"Inspectors’ reports","content":"### sec.305 Inspectors’ reports\n\nThe inspectors appointed to investigate an incident, or alleged misconduct or alleged corrupt conduct of a staff member, must give a written report to the chief executive stating the result of the investigation and any recommendations.\nAn inspector appointed to carry out an inspection, or to conduct a review, mentioned in section 294 (2) must give a written report to the chief executive stating the result of the inspection or review and any recommendations.\nIf the report states the result of a review mentioned in section 294 (2) (f) , the chief executive must give a copy of the report to the proper officer of the court to whom the services subject to the review were provided.\ns 305 amd 2020 No. 23 s 47 ; 2024 No. 25 s 22\n(sec.305-ssec.1) The inspectors appointed to investigate an incident, or alleged misconduct or alleged corrupt conduct of a staff member, must give a written report to the chief executive stating the result of the investigation and any recommendations.\n(sec.305-ssec.2) An inspector appointed to carry out an inspection, or to conduct a review, mentioned in section 294 (2) must give a written report to the chief executive stating the result of the inspection or review and any recommendations.\n(sec.305-ssec.3) If the report states the result of a review mentioned in section 294 (2) (f) , the chief executive must give a copy of the report to the proper officer of the court to whom the services subject to the review were provided.","sortOrder":478},{"sectionNumber":"ch.6-pt.8A","sectionType":"part","heading":"Authorised practitioners","content":"# Authorised practitioners","sortOrder":479},{"sectionNumber":"sec.305A","sectionType":"section","heading":"Definition for part","content":"### sec.305A Definition for part\n\nIn this part—\nhealth service means a service for maintaining, improving, restoring or managing people’s health and wellbeing.\ns 305A ins 2024 No. 24 s 17","sortOrder":480},{"sectionNumber":"sec.305B","sectionType":"section","heading":"Appointment of authorised practitioner","content":"### sec.305B Appointment of authorised practitioner\n\nThe chief executive may, by instrument in writing, appoint the following persons as an authorised practitioner—\nan accredited health service provider;\na doctor;\na nurse;\nan occupational therapist;\na psychologist.\nHowever, the chief executive may appoint a person as an authorised practitioner only if—\nthe person is a corrective services officer or a public service officer; and\nthe chief executive is satisfied the person has the necessary competencies and training, as stated in the authorised practitioner policy, to perform the functions of an authorised practitioner.\nAn authorised practitioner has the functions and powers given under this Act.\nIn this section—\naccredited health service provider means an individual who—\nprovides a health service, including, for example, a social worker or speech pathologist; and\nholds the necessary professional registration, licensing or authorisation, as stated in the authorised practitioner policy, to provide the health service.\nan accreditation given by the Australian Association of Social Workers\nauthorised practitioner policy means a policy made by the chief executive under section 305C .\noccupational therapist means a person registered under the Health Practitioner Regulation National Law to practise, other than as a student, in the occupational therapy profession.\ns 305B ins 2024 No. 24 s 17\n(sec.305B-ssec.1) The chief executive may, by instrument in writing, appoint the following persons as an authorised practitioner— an accredited health service provider; a doctor; a nurse; an occupational therapist; a psychologist.\n(sec.305B-ssec.2) However, the chief executive may appoint a person as an authorised practitioner only if— the person is a corrective services officer or a public service officer; and the chief executive is satisfied the person has the necessary competencies and training, as stated in the authorised practitioner policy, to perform the functions of an authorised practitioner.\n(sec.305B-ssec.3) An authorised practitioner has the functions and powers given under this Act.\n(sec.305B-ssec.4) In this section— accredited health service provider means an individual who— provides a health service, including, for example, a social worker or speech pathologist; and holds the necessary professional registration, licensing or authorisation, as stated in the authorised practitioner policy, to provide the health service. an accreditation given by the Australian Association of Social Workers authorised practitioner policy means a policy made by the chief executive under section 305C . occupational therapist means a person registered under the Health Practitioner Regulation National Law to practise, other than as a student, in the occupational therapy profession.\n- (a) an accredited health service provider;\n- (b) a doctor;\n- (c) a nurse;\n- (d) an occupational therapist;\n- (e) a psychologist.\n- (a) the person is a corrective services officer or a public service officer; and\n- (b) the chief executive is satisfied the person has the necessary competencies and training, as stated in the authorised practitioner policy, to perform the functions of an authorised practitioner.\n- (a) provides a health service, including, for example, a social worker or speech pathologist; and\n- (b) holds the necessary professional registration, licensing or authorisation, as stated in the authorised practitioner policy, to provide the health service. Example of a professional registration, licensing or authorisation— an accreditation given by the Australian Association of Social Workers","sortOrder":481},{"sectionNumber":"sec.305C","sectionType":"section","heading":"Authorised practitioner policy","content":"### sec.305C Authorised practitioner policy\n\nThe chief executive may make a policy about the following matters relating to an authorised practitioner—\nthe competencies and training necessary for a person to perform the functions of an authorised practitioner;\nthe professional registration, licensing or authorisation necessary to provide a health service.\nThe chief executive must publish the policy on the department’s website.\ns 305C ins 2024 No. 24 s 17\n(sec.305C-ssec.1) The chief executive may make a policy about the following matters relating to an authorised practitioner— the competencies and training necessary for a person to perform the functions of an authorised practitioner; the professional registration, licensing or authorisation necessary to provide a health service.\n(sec.305C-ssec.2) The chief executive must publish the policy on the department’s website.\n- (a) the competencies and training necessary for a person to perform the functions of an authorised practitioner;\n- (b) the professional registration, licensing or authorisation necessary to provide a health service.","sortOrder":482},{"sectionNumber":"ch.6-pt.9","sectionType":"part","heading":"Volunteers","content":"# Volunteers","sortOrder":483},{"sectionNumber":"sec.306","sectionType":"section","heading":"Authorising volunteer","content":"### sec.306 Authorising volunteer\n\nThe chief executive may, in writing, authorise a person (a volunteer ) to perform—\nunpaid work for the welfare of prisoners; or\nunpaid supervision of offenders who are subject to community based orders.\nA volunteer must comply with any condition stated in the authorisation and with any direction given by the chief executive for the security or good order of the corrective services facility.\nA volunteer is entitled to the payment of expenses approved by the chief executive.\n(sec.306-ssec.1) The chief executive may, in writing, authorise a person (a volunteer ) to perform— unpaid work for the welfare of prisoners; or unpaid supervision of offenders who are subject to community based orders.\n(sec.306-ssec.2) A volunteer must comply with any condition stated in the authorisation and with any direction given by the chief executive for the security or good order of the corrective services facility.\n(sec.306-ssec.3) A volunteer is entitled to the payment of expenses approved by the chief executive.\n- (a) unpaid work for the welfare of prisoners; or\n- (b) unpaid supervision of offenders who are subject to community based orders.","sortOrder":484},{"sectionNumber":"ch.6-pt.9A","sectionType":"part","heading":"Alcohol and drug testing","content":"# Alcohol and drug testing","sortOrder":485},{"sectionNumber":"ch.6-pt.9A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":486},{"sectionNumber":"sec.306A","sectionType":"section","heading":"Definitions for part","content":"### sec.306A Definitions for part\n\nIn this part—\nalcohol test means a test for determining whether a corrective services person is over the limit applying to the person when the test is conducted.\ncorrective services officer recruit means a person who is participating in a training program.\ncorrective services person see section 306B .\nlow alcohol limit see section 306C (b) .\nno alcohol limit see section 306C (a) .\nrandom alcohol test means an alcohol test conducted under section 306F .\nrandom substance test means a substance test conducted under section 306K .\nsample means—\nfor an alcohol test—a sample of breath or blood; or\nfor a substance test—a sample of urine or another bodily substance, including, for example, hair or saliva.\nsubstance test means a test for determining the presence and concentration of a dangerous drug or targeted substance in a sample taken from a corrective services person.\ntargeted substance means a substance, other than a dangerous drug, that may impair a person’s physical or mental capacity.\ns 306A def targeted substance sub 2022 No. 1 s 117 s ch 1 pt 1\ntraining program means a training program about corrective services, the successful completion of which is a requirement for appointment as a corrective services officer.\ns 306A ins 2020 No. 23 s 48\n- (a) for an alcohol test—a sample of breath or blood; or\n- (b) for a substance test—a sample of urine or another bodily substance, including, for example, hair or saliva.","sortOrder":487},{"sectionNumber":"sec.306B","sectionType":"section","heading":"Persons to whom part applies","content":"### sec.306B Persons to whom part applies\n\nThis part applies to a person (a corrective services person ) who is—\na corrective services officer; or\na corrective services officer recruit.\ns 306B ins 2020 No. 23 s 48\n- (a) a corrective services officer; or\n- (b) a corrective services officer recruit.","sortOrder":488},{"sectionNumber":"ch.6-pt.9A-div.2","sectionType":"division","heading":"Provisions about alcohol testing","content":"## Provisions about alcohol testing","sortOrder":489},{"sectionNumber":"sec.306C","sectionType":"section","heading":"When is a person over the limit","content":"### sec.306C When is a person over the limit\n\nFor this part—\na person is over the no alcohol limit if—\nthe concentration of alcohol in the person’s breath is more than 0g of alcohol in 210L of breath; or\nthe concentration of alcohol in the person’s blood is more than 0g of alcohol in 100mL of blood; and\na person is over the low alcohol limit if—\nthe concentration of alcohol in the person’s breath is, or is more than, 0.02g of alcohol in 210L of breath; or\nthe concentration of alcohol in the person’s blood is, or is more than, 0.02g of alcohol in 100mL of blood.\ns 306C ins 2020 No. 23 s 48\namd 2021 No. 24 s 57 sch 1\n- (a) a person is over the no alcohol limit if— (i) the concentration of alcohol in the person’s breath is more than 0g of alcohol in 210L of breath; or (ii) the concentration of alcohol in the person’s blood is more than 0g of alcohol in 100mL of blood; and\n- (i) the concentration of alcohol in the person’s breath is more than 0g of alcohol in 210L of breath; or\n- (ii) the concentration of alcohol in the person’s blood is more than 0g of alcohol in 100mL of blood; and\n- (b) a person is over the low alcohol limit if— (i) the concentration of alcohol in the person’s breath is, or is more than, 0.02g of alcohol in 210L of breath; or (ii) the concentration of alcohol in the person’s blood is, or is more than, 0.02g of alcohol in 100mL of blood.\n- (i) the concentration of alcohol in the person’s breath is, or is more than, 0.02g of alcohol in 210L of breath; or\n- (ii) the concentration of alcohol in the person’s blood is, or is more than, 0.02g of alcohol in 100mL of blood.\n- (i) the concentration of alcohol in the person’s breath is more than 0g of alcohol in 210L of breath; or\n- (ii) the concentration of alcohol in the person’s blood is more than 0g of alcohol in 100mL of blood; and\n- (i) the concentration of alcohol in the person’s breath is, or is more than, 0.02g of alcohol in 210L of breath; or\n- (ii) the concentration of alcohol in the person’s blood is, or is more than, 0.02g of alcohol in 100mL of blood.","sortOrder":490},{"sectionNumber":"sec.306D","sectionType":"section","heading":"Alcohol limits","content":"### sec.306D Alcohol limits\n\nA corrective services person who is on duty for performing a function or exercising a power under this Act or another Act must not be over the low alcohol limit.\nA corrective services person who is on duty for performing a function or exercising a power under this Act or another Act, and is performing a role prescribed by regulation for this section, must not be over the no alcohol limit.\nFor subsections (1) and (2) , a corrective services person is on duty for performing a function or exercising a power under this Act or another Act if the person—\nis about to perform the function or exercise the power; or\nis performing the function or exercising the power; or\nhas just performed the function or exercised the power.\ns 306D ins 2020 No. 23 s 48\n(sec.306D-ssec.1) A corrective services person who is on duty for performing a function or exercising a power under this Act or another Act must not be over the low alcohol limit.\n(sec.306D-ssec.2) A corrective services person who is on duty for performing a function or exercising a power under this Act or another Act, and is performing a role prescribed by regulation for this section, must not be over the no alcohol limit.\n(sec.306D-ssec.3) For subsections (1) and (2) , a corrective services person is on duty for performing a function or exercising a power under this Act or another Act if the person— is about to perform the function or exercise the power; or is performing the function or exercising the power; or has just performed the function or exercised the power.\n- (a) is about to perform the function or exercise the power; or\n- (b) is performing the function or exercising the power; or\n- (c) has just performed the function or exercised the power.","sortOrder":491},{"sectionNumber":"sec.306E","sectionType":"section","heading":"Circumstances for alcohol testing","content":"### sec.306E Circumstances for alcohol testing\n\nThe chief executive may require a corrective services person to submit to an alcohol test if—\nthe corrective services person has been involved in an incident; or\nthe test is required under section 306F ; or\nthe chief executive reasonably suspects the person is contravening, or has contravened, section 306D (1) or (2) .\nThe chief executive may require a corrective services officer recruit to submit to an alcohol test at any time during the period in which the recruit is participating in a training program.\nThe chief executive may require a person who has been notified of the person’s appointment as a corrective services officer recruit to submit to an alcohol test before the person starts a training program.\ns 306E ins 2020 No. 23 s 48\n(sec.306E-ssec.1) The chief executive may require a corrective services person to submit to an alcohol test if— the corrective services person has been involved in an incident; or the test is required under section 306F ; or the chief executive reasonably suspects the person is contravening, or has contravened, section 306D (1) or (2) .\n(sec.306E-ssec.2) The chief executive may require a corrective services officer recruit to submit to an alcohol test at any time during the period in which the recruit is participating in a training program.\n(sec.306E-ssec.3) The chief executive may require a person who has been notified of the person’s appointment as a corrective services officer recruit to submit to an alcohol test before the person starts a training program.\n- (a) the corrective services person has been involved in an incident; or\n- (b) the test is required under section 306F ; or\n- (c) the chief executive reasonably suspects the person is contravening, or has contravened, section 306D (1) or (2) .","sortOrder":492},{"sectionNumber":"sec.306F","sectionType":"section","heading":"Random alcohol testing","content":"### sec.306F Random alcohol testing\n\nThe chief executive may require a corrective services person to submit to a random alcohol test.\nA regulation may prescribe the criteria for deciding—\nwhen and where a random alcohol test may be conducted; and\nother matters about the conduct of a random alcohol test.\ns 306F ins 2020 No. 23 s 48\n(sec.306F-ssec.1) The chief executive may require a corrective services person to submit to a random alcohol test.\n(sec.306F-ssec.2) A regulation may prescribe the criteria for deciding— when and where a random alcohol test may be conducted; and other matters about the conduct of a random alcohol test.\n- (a) when and where a random alcohol test may be conducted; and\n- (b) other matters about the conduct of a random alcohol test.","sortOrder":493},{"sectionNumber":"sec.306G","sectionType":"section","heading":"Giving samples for alcohol testing","content":"### sec.306G Giving samples for alcohol testing\n\nA regulation may prescribe the following for an alcohol test—\nthe types of samples a person may be required to give;\nthe methods of collection of a sample.\nThe chief executive may require a corrective services person to give to a person prescribed by regulation for this section (a prescribed person ) at a specified place and time a sample for the purpose of an alcohol test.\nIf the sample is required because the corrective services person has been involved in an incident, the requirement must be made and the sample must be given as soon as reasonably practicable after the incident happens.\nThe prescribed person may give reasonably necessary directions to the corrective services person to facilitate the giving of the sample for the alcohol test.\nAs soon as practicable after the sample has been given, the sample must be dealt with in the way prescribed by regulation for this section.\ns 306G ins 2020 No. 23 s 48\n(sec.306G-ssec.1) A regulation may prescribe the following for an alcohol test— the types of samples a person may be required to give; the methods of collection of a sample.\n(sec.306G-ssec.2) The chief executive may require a corrective services person to give to a person prescribed by regulation for this section (a prescribed person ) at a specified place and time a sample for the purpose of an alcohol test.\n(sec.306G-ssec.3) If the sample is required because the corrective services person has been involved in an incident, the requirement must be made and the sample must be given as soon as reasonably practicable after the incident happens.\n(sec.306G-ssec.4) The prescribed person may give reasonably necessary directions to the corrective services person to facilitate the giving of the sample for the alcohol test.\n(sec.306G-ssec.5) As soon as practicable after the sample has been given, the sample must be dealt with in the way prescribed by regulation for this section.\n- (a) the types of samples a person may be required to give;\n- (b) the methods of collection of a sample.","sortOrder":494},{"sectionNumber":"sec.306H","sectionType":"section","heading":"Failure to give sample for alcohol testing","content":"### sec.306H Failure to give sample for alcohol testing\n\nA corrective services person who fails to give a sample as required for alcohol testing is taken to have been tested for alcohol and to have been over the limit for alcohol applying to the person when the failure happened.\ns 306H ins 2020 No. 23 s 48\n(sec.306H-ssec) A corrective services person who fails to give a sample as required for alcohol testing is taken to have been tested for alcohol and to have been over the limit for alcohol applying to the person when the failure happened.","sortOrder":495},{"sectionNumber":"ch.6-pt.9A-div.3","sectionType":"division","heading":"Provisions about drug testing","content":"## Provisions about drug testing","sortOrder":496},{"sectionNumber":"sec.306I","sectionType":"section","heading":"Dangerous drugs and targeted substances levels","content":"### sec.306I Dangerous drugs and targeted substances levels\n\nA corrective services person must not have evidence of a dangerous drug present in a sample taken from the person at any time for substance testing.\nA corrective services person who is lawfully taking a targeted substance must not perform duties in or involving an operational capacity or critical role if the substance impairs the person’s capacity to perform the duties without danger to the person or someone else.\nA corrective services person must not have present in a sample taken from the person for substance testing—\nevidence of a targeted substance that the person may not lawfully take; or\nevidence of having taken a targeted substance in a way contrary to a direction of a health practitioner or a recommendation of the manufacturer of the substance.\ns 306I ins 2020 No. 23 s 48\namd 2023 No. 14 s 52 sch 1\n(sec.306I-ssec.1) A corrective services person must not have evidence of a dangerous drug present in a sample taken from the person at any time for substance testing.\n(sec.306I-ssec.2) A corrective services person who is lawfully taking a targeted substance must not perform duties in or involving an operational capacity or critical role if the substance impairs the person’s capacity to perform the duties without danger to the person or someone else.\n(sec.306I-ssec.3) A corrective services person must not have present in a sample taken from the person for substance testing— evidence of a targeted substance that the person may not lawfully take; or evidence of having taken a targeted substance in a way contrary to a direction of a health practitioner or a recommendation of the manufacturer of the substance.\n- (a) evidence of a targeted substance that the person may not lawfully take; or\n- (b) evidence of having taken a targeted substance in a way contrary to a direction of a health practitioner or a recommendation of the manufacturer of the substance.","sortOrder":497},{"sectionNumber":"sec.306J","sectionType":"section","heading":"Circumstances for substance testing","content":"### sec.306J Circumstances for substance testing\n\nThe chief executive may require a corrective services person to submit to a substance test if—\nthe corrective services person has been involved in an incident; or\nthe test is required under section 306K ; or\nthe chief executive reasonably suspects the person is contravening, or has contravened, section 306I .\nThe chief executive may require a corrective services officer recruit to submit to a substance test at any time during the period in which the recruit is participating in a training program.\nThe chief executive may require a person who has been notified of the person’s appointment as a corrective services officer recruit to submit to a substance test before the person starts a training program.\ns 306J ins 2020 No. 23 s 48\n(sec.306J-ssec.1) The chief executive may require a corrective services person to submit to a substance test if— the corrective services person has been involved in an incident; or the test is required under section 306K ; or the chief executive reasonably suspects the person is contravening, or has contravened, section 306I .\n(sec.306J-ssec.2) The chief executive may require a corrective services officer recruit to submit to a substance test at any time during the period in which the recruit is participating in a training program.\n(sec.306J-ssec.3) The chief executive may require a person who has been notified of the person’s appointment as a corrective services officer recruit to submit to a substance test before the person starts a training program.\n- (a) the corrective services person has been involved in an incident; or\n- (b) the test is required under section 306K ; or\n- (c) the chief executive reasonably suspects the person is contravening, or has contravened, section 306I .","sortOrder":498},{"sectionNumber":"sec.306K","sectionType":"section","heading":"Random substance testing","content":"### sec.306K Random substance testing\n\nThe chief executive may require a corrective services person to submit to a random substance test.\nA regulation may prescribe the criteria for deciding—\nwhen and where a random substance test may be conducted; and\nother matters about the conduct of a random substance test.\ns 306K ins 2020 No. 23 s 48\n(sec.306K-ssec.1) The chief executive may require a corrective services person to submit to a random substance test.\n(sec.306K-ssec.2) A regulation may prescribe the criteria for deciding— when and where a random substance test may be conducted; and other matters about the conduct of a random substance test.\n- (a) when and where a random substance test may be conducted; and\n- (b) other matters about the conduct of a random substance test.","sortOrder":499},{"sectionNumber":"sec.306L","sectionType":"section","heading":"Giving sample for substance testing","content":"### sec.306L Giving sample for substance testing\n\nA regulation may prescribe the following for a substance test—\nthe types of samples a person may be required to give;\nthe methods of collection of a sample.\nThe chief executive may require a corrective services person to give to a person prescribed by regulation (a prescribed person ) at a specified place and time a sample for the purpose of a substance test.\nIf the sample is required because the corrective services person has been involved in an incident, the requirement must be made and the sample must be given as soon as reasonably practicable after the incident happens.\nThe prescribed person may give reasonably necessary directions to the corrective services person to facilitate the giving of the sample for the substance test.\nAs soon as practicable after the sample has been given, the sample must be dealt with in the way prescribed by regulation for this section.\ns 306L ins 2020 No. 23 s 48\n(sec.306L-ssec.1) A regulation may prescribe the following for a substance test— the types of samples a person may be required to give; the methods of collection of a sample.\n(sec.306L-ssec.2) The chief executive may require a corrective services person to give to a person prescribed by regulation (a prescribed person ) at a specified place and time a sample for the purpose of a substance test.\n(sec.306L-ssec.3) If the sample is required because the corrective services person has been involved in an incident, the requirement must be made and the sample must be given as soon as reasonably practicable after the incident happens.\n(sec.306L-ssec.4) The prescribed person may give reasonably necessary directions to the corrective services person to facilitate the giving of the sample for the substance test.\n(sec.306L-ssec.5) As soon as practicable after the sample has been given, the sample must be dealt with in the way prescribed by regulation for this section.\n- (a) the types of samples a person may be required to give;\n- (b) the methods of collection of a sample.","sortOrder":500},{"sectionNumber":"sec.306M","sectionType":"section","heading":"Failure to give sample for substance testing","content":"### sec.306M Failure to give sample for substance testing\n\nA corrective services person who fails to give a sample as required for substance testing is taken to have been tested for a targeted substance and to have been found to have had evidence of a targeted substance in the person’s sample.\ns 306M ins 2020 No. 23 s 48\n(sec.306M-ssec) A corrective services person who fails to give a sample as required for substance testing is taken to have been tested for a targeted substance and to have been found to have had evidence of a targeted substance in the person’s sample.","sortOrder":501},{"sectionNumber":"ch.6-pt.9A-div.4","sectionType":"division","heading":"What happens if a test result is positive","content":"## What happens if a test result is positive","sortOrder":502},{"sectionNumber":"sec.306N","sectionType":"section","heading":"Positive alcohol or substance test","content":"### sec.306N Positive alcohol or substance test\n\nThis section applies if an alcohol test or substance test conducted under this part shows a corrective services person, when tested—\nwas over the limit applying to the person when the test was conducted; or\nhad evidence of a dangerous drug in the person’s sample; or\nhad evidence of a targeted substance in the person’s sample and the person was contravening section 306I (2) or (3) .\nThe chief executive may do any 1 or more of the following—\nsuspend the corrective services person from duty until the person is no longer over the relevant alcohol limit or no longer has evidence of a dangerous drug or targeted substance in a sample given by the person;\ncorrect the corrective services person by way of guidance;\nrequire the corrective services person to undergo counselling or rehabilitation approved by the chief executive;\nrequire the corrective services person to submit to a medical examination under the Public Sector Act 2022 , chapter 3 , part 8 , division 5 ;\ntake disciplinary or other action against the corrective services person under the Public Sector Act 2022 , chapter 3 , part 8 , division 3 or 4 or chapter 4 , part 4 , division 3 ;\nrequire the corrective services person to submit to further testing from time to time until the chief executive is satisfied the reason for making the requirement no longer exists.\nSubsection (2) (a) , (b) , (c) and (e) does not apply to the corrective services person if the person was contravening section 306I (2) .\ns 306N ins 2020 No. 23 s 48\namd 2022 No. 34 s 365 sch 3\n(sec.306N-ssec.1) This section applies if an alcohol test or substance test conducted under this part shows a corrective services person, when tested— was over the limit applying to the person when the test was conducted; or had evidence of a dangerous drug in the person’s sample; or had evidence of a targeted substance in the person’s sample and the person was contravening section 306I (2) or (3) .\n(sec.306N-ssec.2) The chief executive may do any 1 or more of the following— suspend the corrective services person from duty until the person is no longer over the relevant alcohol limit or no longer has evidence of a dangerous drug or targeted substance in a sample given by the person; correct the corrective services person by way of guidance; require the corrective services person to undergo counselling or rehabilitation approved by the chief executive; require the corrective services person to submit to a medical examination under the Public Sector Act 2022 , chapter 3 , part 8 , division 5 ; take disciplinary or other action against the corrective services person under the Public Sector Act 2022 , chapter 3 , part 8 , division 3 or 4 or chapter 4 , part 4 , division 3 ; require the corrective services person to submit to further testing from time to time until the chief executive is satisfied the reason for making the requirement no longer exists.\n(sec.306N-ssec.3) Subsection (2) (a) , (b) , (c) and (e) does not apply to the corrective services person if the person was contravening section 306I (2) .\n- (a) was over the limit applying to the person when the test was conducted; or\n- (b) had evidence of a dangerous drug in the person’s sample; or\n- (c) had evidence of a targeted substance in the person’s sample and the person was contravening section 306I (2) or (3) .\n- (a) suspend the corrective services person from duty until the person is no longer over the relevant alcohol limit or no longer has evidence of a dangerous drug or targeted substance in a sample given by the person;\n- (b) correct the corrective services person by way of guidance;\n- (c) require the corrective services person to undergo counselling or rehabilitation approved by the chief executive;\n- (d) require the corrective services person to submit to a medical examination under the Public Sector Act 2022 , chapter 3 , part 8 , division 5 ;\n- (e) take disciplinary or other action against the corrective services person under the Public Sector Act 2022 , chapter 3 , part 8 , division 3 or 4 or chapter 4 , part 4 , division 3 ;\n- (f) require the corrective services person to submit to further testing from time to time until the chief executive is satisfied the reason for making the requirement no longer exists.","sortOrder":503},{"sectionNumber":"sec.306O","sectionType":"section","heading":"Effect of failure to comply","content":"### sec.306O Effect of failure to comply\n\nThis section applies if a corrective services person—\nfails to attend or complete counselling or rehabilitation under a requirement under section 306N (2) (c) ; or\nfails to submit to a medical examination under a requirement under section 306N (2) (d) .\nThe chief executive may take disciplinary action against the corrective services person under the Public Sector Act 2022 .\ns 306O ins 2020 No. 23 s 48\namd 2022 No. 34 s 365 sch 3\n(sec.306O-ssec.1) This section applies if a corrective services person— fails to attend or complete counselling or rehabilitation under a requirement under section 306N (2) (c) ; or fails to submit to a medical examination under a requirement under section 306N (2) (d) .\n(sec.306O-ssec.2) The chief executive may take disciplinary action against the corrective services person under the Public Sector Act 2022 .\n- (a) fails to attend or complete counselling or rehabilitation under a requirement under section 306N (2) (c) ; or\n- (b) fails to submit to a medical examination under a requirement under section 306N (2) (d) .","sortOrder":504},{"sectionNumber":"ch.6-pt.9A-div.5","sectionType":"division","heading":"General","content":"## General","sortOrder":505},{"sectionNumber":"sec.306P","sectionType":"section","heading":"Interfering with samples","content":"### sec.306P Interfering with samples\n\nA person must not unlawfully interfere with a sample given under this part for an alcohol test or substance test.\nMaximum penalty—100 penalty units.\ns 306P ins 2020 No. 23 s 48","sortOrder":506},{"sectionNumber":"sec.306Q","sectionType":"section","heading":"Alcohol or drug test results generally inadmissible","content":"### sec.306Q Alcohol or drug test results generally inadmissible\n\nEvidence of the following is inadmissible in a civil or criminal proceeding before a court—\nanything done under this part;\nthe result of any test conducted under this part.\nAlso, the chief executive and anyone else involved in any way in anything done under this part can not be compelled to produce to a court any document kept or to disclose to a court any information obtained because of the doing of the thing.\nThis section does not apply to—\na proceeding for a charge of an offence arising from an incident; or\nan inquest in a Coroners Court into the death of a person in an incident; or\na proceeding on an application under the Industrial Relations Act 2016 , section 317 for reinstatement because of unfair dismissal; or\nan investigation or other proceeding under the Crime and Corruption Act 2001 ; or\ndisciplinary action as provided for under the Public Sector Ethics Act 1994 .\ns 306Q ins 2020 No. 23 s 48\n(sec.306Q-ssec.1) Evidence of the following is inadmissible in a civil or criminal proceeding before a court— anything done under this part; the result of any test conducted under this part.\n(sec.306Q-ssec.2) Also, the chief executive and anyone else involved in any way in anything done under this part can not be compelled to produce to a court any document kept or to disclose to a court any information obtained because of the doing of the thing.\n(sec.306Q-ssec.3) This section does not apply to— a proceeding for a charge of an offence arising from an incident; or an inquest in a Coroners Court into the death of a person in an incident; or a proceeding on an application under the Industrial Relations Act 2016 , section 317 for reinstatement because of unfair dismissal; or an investigation or other proceeding under the Crime and Corruption Act 2001 ; or disciplinary action as provided for under the Public Sector Ethics Act 1994 .\n- (a) anything done under this part;\n- (b) the result of any test conducted under this part.\n- (a) a proceeding for a charge of an offence arising from an incident; or\n- (b) an inquest in a Coroners Court into the death of a person in an incident; or\n- (c) a proceeding on an application under the Industrial Relations Act 2016 , section 317 for reinstatement because of unfair dismissal; or\n- (d) an investigation or other proceeding under the Crime and Corruption Act 2001 ; or\n- (e) disciplinary action as provided for under the Public Sector Ethics Act 1994 .","sortOrder":507},{"sectionNumber":"ch.6-pt.10","sectionType":"part","heading":"Prisoners of a court","content":"# Prisoners of a court","sortOrder":508},{"sectionNumber":"sec.307","sectionType":"section","heading":"Prisoner in proper officer of a court’s custody","content":"### sec.307 Prisoner in proper officer of a court’s custody\n\nA person who is required by law to surrender into the custody of a court must do so by surrendering into the custody of the proper officer of the court.\nA person who surrenders into the custody of a court is in the custody of the proper officer of the court until—\nreleased on bail; or\ndischarged from lawful custody; or\notherwise dealt with as the court directs.\ns 307 amd 2024 No. 25 s 3 sch 1\n(sec.307-ssec.1) A person who is required by law to surrender into the custody of a court must do so by surrendering into the custody of the proper officer of the court.\n(sec.307-ssec.2) A person who surrenders into the custody of a court is in the custody of the proper officer of the court until— released on bail; or discharged from lawful custody; or otherwise dealt with as the court directs.\n- (a) released on bail; or\n- (b) discharged from lawful custody; or\n- (c) otherwise dealt with as the court directs.","sortOrder":509},{"sectionNumber":"sec.308","sectionType":"section","heading":"Powers of proper officer of a court","content":"### sec.308 Powers of proper officer of a court\n\nThe proper officer of a court has, in relation to a prisoner of the court or a person mentioned in section 310 (1) , all the powers of the chief executive under this Act, in relation to a prisoner, that are necessary for the discharge of the proper officer’s functions.\nTo help the proper officer of the court perform the proper officer’s functions, the proper officer may ask—\nthe chief executive to provide corrective services officers; or\nthe commissioner to provide police officers or, to the extent the commissioner considers it appropriate, watch-house officers.\nThe chief executive or commissioner must comply with the request.\nIn helping the proper officer of the court, a corrective services officer may—\nuse the force the corrective services officer may use under chapter 3 , part 5 as if the prisoner of the court or person mentioned in subsection (1) were a prisoner; and\ngive a direction to the prisoner of the court or person that the corrective services officer may give under chapter 2 , part 2 , division 1 as if the prisoner of the court or person were a prisoner; and\nconduct a search of the prisoner of the court or person under chapter 2 , part 2 , division 3 as if an order of the proper officer for the searching of the prisoner of the court or person were an order of the chief executive.\nSubsection (4) does not limit the help the corrective services officer may give to the proper officer of the court to perform the proper officer’s functions.\nIn helping the proper officer of the court, a watch-house officer—\nis subject to any directions of the commissioner; and\nmay—\nexercise a power of a watch-house officer under the Police Powers and Responsibilities Act 2000 , section 648 , 649 or 652 as if the prisoner of the court or person mentioned in subsection (1) were in custody at a watch-house; and\nuse reasonably necessary force under the Police Powers and Responsibilities Act 2000 , section 653 for transferring or escorting the prisoner of the court or person mentioned in subsection (1) to or from a place mentioned in that section as if the prisoner or person were in custody and the transfer or escort were authorised by a watch-house manager.\nSubsection (6) (b) does not limit the help the watch-house officer may give to the proper officer of the court to perform the proper officer’s functions.\nIn this section—\nwatch-house officer see the Police Service Administration Act 1990 , schedule 2 .\ns 308 amd 2019 No. 38 s 77 ; 2023 No. 7 s 68 s ch 1 pt 2\n(sec.308-ssec.1) The proper officer of a court has, in relation to a prisoner of the court or a person mentioned in section 310 (1) , all the powers of the chief executive under this Act, in relation to a prisoner, that are necessary for the discharge of the proper officer’s functions.\n(sec.308-ssec.2) To help the proper officer of the court perform the proper officer’s functions, the proper officer may ask— the chief executive to provide corrective services officers; or the commissioner to provide police officers or, to the extent the commissioner considers it appropriate, watch-house officers.\n(sec.308-ssec.3) The chief executive or commissioner must comply with the request.\n(sec.308-ssec.4) In helping the proper officer of the court, a corrective services officer may— use the force the corrective services officer may use under chapter 3 , part 5 as if the prisoner of the court or person mentioned in subsection (1) were a prisoner; and give a direction to the prisoner of the court or person that the corrective services officer may give under chapter 2 , part 2 , division 1 as if the prisoner of the court or person were a prisoner; and conduct a search of the prisoner of the court or person under chapter 2 , part 2 , division 3 as if an order of the proper officer for the searching of the prisoner of the court or person were an order of the chief executive.\n(sec.308-ssec.5) Subsection (4) does not limit the help the corrective services officer may give to the proper officer of the court to perform the proper officer’s functions.\n(sec.308-ssec.6) In helping the proper officer of the court, a watch-house officer— is subject to any directions of the commissioner; and may— exercise a power of a watch-house officer under the Police Powers and Responsibilities Act 2000 , section 648 , 649 or 652 as if the prisoner of the court or person mentioned in subsection (1) were in custody at a watch-house; and use reasonably necessary force under the Police Powers and Responsibilities Act 2000 , section 653 for transferring or escorting the prisoner of the court or person mentioned in subsection (1) to or from a place mentioned in that section as if the prisoner or person were in custody and the transfer or escort were authorised by a watch-house manager.\n(sec.308-ssec.7) Subsection (6) (b) does not limit the help the watch-house officer may give to the proper officer of the court to perform the proper officer’s functions.\n(sec.308-ssec.8) In this section— watch-house officer see the Police Service Administration Act 1990 , schedule 2 .\n- (a) the chief executive to provide corrective services officers; or\n- (b) the commissioner to provide police officers or, to the extent the commissioner considers it appropriate, watch-house officers.\n- (a) use the force the corrective services officer may use under chapter 3 , part 5 as if the prisoner of the court or person mentioned in subsection (1) were a prisoner; and\n- (b) give a direction to the prisoner of the court or person that the corrective services officer may give under chapter 2 , part 2 , division 1 as if the prisoner of the court or person were a prisoner; and\n- (c) conduct a search of the prisoner of the court or person under chapter 2 , part 2 , division 3 as if an order of the proper officer for the searching of the prisoner of the court or person were an order of the chief executive.\n- (a) is subject to any directions of the commissioner; and\n- (b) may— (i) exercise a power of a watch-house officer under the Police Powers and Responsibilities Act 2000 , section 648 , 649 or 652 as if the prisoner of the court or person mentioned in subsection (1) were in custody at a watch-house; and (ii) use reasonably necessary force under the Police Powers and Responsibilities Act 2000 , section 653 for transferring or escorting the prisoner of the court or person mentioned in subsection (1) to or from a place mentioned in that section as if the prisoner or person were in custody and the transfer or escort were authorised by a watch-house manager.\n- (i) exercise a power of a watch-house officer under the Police Powers and Responsibilities Act 2000 , section 648 , 649 or 652 as if the prisoner of the court or person mentioned in subsection (1) were in custody at a watch-house; and\n- (ii) use reasonably necessary force under the Police Powers and Responsibilities Act 2000 , section 653 for transferring or escorting the prisoner of the court or person mentioned in subsection (1) to or from a place mentioned in that section as if the prisoner or person were in custody and the transfer or escort were authorised by a watch-house manager.\n- (i) exercise a power of a watch-house officer under the Police Powers and Responsibilities Act 2000 , section 648 , 649 or 652 as if the prisoner of the court or person mentioned in subsection (1) were in custody at a watch-house; and\n- (ii) use reasonably necessary force under the Police Powers and Responsibilities Act 2000 , section 653 for transferring or escorting the prisoner of the court or person mentioned in subsection (1) to or from a place mentioned in that section as if the prisoner or person were in custody and the transfer or escort were authorised by a watch-house manager.","sortOrder":510},{"sectionNumber":"sec.309","sectionType":"section","heading":"Delegation of powers of proper officer of a court","content":"### sec.309 Delegation of powers of proper officer of a court\n\nThe proper officer of a court may delegate the proper officer’s functions or powers under this Act to an appropriately qualified person.\nThe proper officer of a court may enter into a written agreement with the chief executive or commissioner governing the delegation of functions or powers by the proper officer to corrective services officers or watch-house officers (within the meaning of section 308 ), respectively.\nHowever, non-compliance with an agreement under subsection (2) does not invalidate a delegation.\ns 309 amd 2024 No. 25 s 23\n(sec.309-ssec.1) The proper officer of a court may delegate the proper officer’s functions or powers under this Act to an appropriately qualified person.\n(sec.309-ssec.2) The proper officer of a court may enter into a written agreement with the chief executive or commissioner governing the delegation of functions or powers by the proper officer to corrective services officers or watch-house officers (within the meaning of section 308 ), respectively.\n(sec.309-ssec.3) However, non-compliance with an agreement under subsection (2) does not invalidate a delegation.","sortOrder":511},{"sectionNumber":"sec.310","sectionType":"section","heading":"Court cells","content":"### sec.310 Court cells\n\nA person who is not a prisoner of a court may be detained in a court cell if the person is lawfully in custody to attend before a court or another entity.\nWhile detained in the court cell, the person is in the custody of the proper officer of the court where the court cell is located.\nThe proper officer of the court is responsible for the management, security and good order of the court cell, despite anything in the Police Powers and Responsibilities Act 2000 or the Police Service Administration Act 1990 .\nIn this section—\ncourt cell means a place attached to or near a court that—\nis not a corrective services facility; and\nis used for detaining prisoners of the court and other persons.\ns 310 amd 2022 No. 9 s 69 s ch 1 pt 1\n(sec.310-ssec.1) A person who is not a prisoner of a court may be detained in a court cell if the person is lawfully in custody to attend before a court or another entity.\n(sec.310-ssec.2) While detained in the court cell, the person is in the custody of the proper officer of the court where the court cell is located.\n(sec.310-ssec.3) The proper officer of the court is responsible for the management, security and good order of the court cell, despite anything in the Police Powers and Responsibilities Act 2000 or the Police Service Administration Act 1990 .\n(sec.310-ssec.4) In this section— court cell means a place attached to or near a court that— is not a corrective services facility; and is used for detaining prisoners of the court and other persons.\n- (a) is not a corrective services facility; and\n- (b) is used for detaining prisoners of the court and other persons.","sortOrder":512},{"sectionNumber":"ch.6-pt.11","sectionType":"part","heading":"Property","content":"# Property","sortOrder":513},{"sectionNumber":"ch.6-pt.11-div.1","sectionType":"division","heading":"Prisoner’s money","content":"## Prisoner’s money","sortOrder":514},{"sectionNumber":"sec.311","sectionType":"section","heading":"Prisoners trust fund","content":"### sec.311 Prisoners trust fund\n\nThe chief executive must keep a trust fund called the prisoners trust fund.\nThe prisoners trust fund is to consist of an account for each prisoner for whom an amount is received by the chief executive.\nSubject to section 311A , all amounts received for a prisoner by the chief executive must be paid into the prisoner’s account in the prisoners trust fund.\nIf the public trustee is managing the prisoner’s estate and the public trustee asks for the payment, the chief executive must pay the amount in the prisoner’s account to the public trustee.\nA prisoner may, with the chief executive’s approval, spend an amount that is in the prisoner’s account.\nThe chief executive may limit any or all of the following—\nthe amount that may be received as a single receipt for a prisoner;\nthe amount that may be held in a prisoner’s account in the prisoners trust fund;\nthe amount a prisoner may spend;\nthe amount a prisoner may spend on personal calls within a stated period.\nThe limitations are to be set out in administrative procedures under section 265 .\nMore restrictive limitations may be applied to a prisoner if the chief executive reasonably believes the prisoner is likely to use personal calls to engage in prohibited prisoner communication.\nFor subsection (8) , the chief executive may have regard to the following—\nwhether a domestic violence order or notice is, or has ever been, in force against the prisoner;\nthe terms of a domestic violence order or notice or other court order in force against the prisoner;\ninformation from a law enforcement agency;\nthe record of the prisoner relating to prohibited prisoner communication and the making of personal calls in contravention of applicable terms and conditions;\nthe nature and seriousness of the prisoner’s criminal history or history of breaching domestic violence orders or notices or other court orders;\nany other factor the chief executive considers relevant.\nThe limitations must not be so restrictive as to effectively limit a prisoner to making fewer than 7 personal calls in any 7 day period.\nWhen a prisoner is discharged or released, the chief executive must pay the prisoner the amount in the prisoner’s account.\ns 311 amd 2009 No. 30 s 34 ; 2024 No. 25 s 45\namd 2025 No. 8 s 319 (uncommenced amendment)\n(sec.311-ssec.1) The chief executive must keep a trust fund called the prisoners trust fund.\n(sec.311-ssec.2) The prisoners trust fund is to consist of an account for each prisoner for whom an amount is received by the chief executive.\n(sec.311-ssec.3) Subject to section 311A , all amounts received for a prisoner by the chief executive must be paid into the prisoner’s account in the prisoners trust fund.\n(sec.311-ssec.4) If the public trustee is managing the prisoner’s estate and the public trustee asks for the payment, the chief executive must pay the amount in the prisoner’s account to the public trustee.\n(sec.311-ssec.5) A prisoner may, with the chief executive’s approval, spend an amount that is in the prisoner’s account.\n(sec.311-ssec.6) The chief executive may limit any or all of the following— the amount that may be received as a single receipt for a prisoner; the amount that may be held in a prisoner’s account in the prisoners trust fund; the amount a prisoner may spend; the amount a prisoner may spend on personal calls within a stated period.\n(sec.311-ssec.7) The limitations are to be set out in administrative procedures under section 265 .\n(sec.311-ssec.8) More restrictive limitations may be applied to a prisoner if the chief executive reasonably believes the prisoner is likely to use personal calls to engage in prohibited prisoner communication.\n(sec.311-ssec.9) For subsection (8) , the chief executive may have regard to the following— whether a domestic violence order or notice is, or has ever been, in force against the prisoner; the terms of a domestic violence order or notice or other court order in force against the prisoner; information from a law enforcement agency; the record of the prisoner relating to prohibited prisoner communication and the making of personal calls in contravention of applicable terms and conditions; the nature and seriousness of the prisoner’s criminal history or history of breaching domestic violence orders or notices or other court orders; any other factor the chief executive considers relevant.\n(sec.311-ssec.10) The limitations must not be so restrictive as to effectively limit a prisoner to making fewer than 7 personal calls in any 7 day period.\n(sec.311-ssec.11) When a prisoner is discharged or released, the chief executive must pay the prisoner the amount in the prisoner’s account.\n- (a) the amount that may be received as a single receipt for a prisoner;\n- (b) the amount that may be held in a prisoner’s account in the prisoners trust fund;\n- (c) the amount a prisoner may spend;\n- (d) the amount a prisoner may spend on personal calls within a stated period.\n- (a) whether a domestic violence order or notice is, or has ever been, in force against the prisoner;\n- (b) the terms of a domestic violence order or notice or other court order in force against the prisoner;\n- (c) information from a law enforcement agency;\n- (d) the record of the prisoner relating to prohibited prisoner communication and the making of personal calls in contravention of applicable terms and conditions;\n- (e) the nature and seriousness of the prisoner’s criminal history or history of breaching domestic violence orders or notices or other court orders;\n- (f) any other factor the chief executive considers relevant.","sortOrder":515},{"sectionNumber":"sec.311A","sectionType":"section","heading":"Dealing with amounts received for prisoners in particular cases","content":"### sec.311A Dealing with amounts received for prisoners in particular cases\n\nThis section applies if the chief executive receives an amount for a prisoner and any of the following apply—\nthe chief executive is not satisfied that the donor of the amount is sufficiently identified;\nthe donor of the amount is not an approved donor for the prisoner;\nthe donor of the amount was released from a corrective services facility within 1 year before the chief executive received the amount;\nthe amount is more than the allowable receipt amount;\npayment of the amount into the prisoner’s account would result in the balance of that account being more than the allowable balance.\nThe chief executive must return the amount to its donor.\nHowever, the chief executive may decide to receive an amount for the prisoner even if the donor of the amount was released from a corrective services facility within 1 year before the chief executive received the amount.\nIf, despite making reasonable efforts, the chief executive can not return the amount to its donor, the chief executive must, as the chief executive considers appropriate—\npay the amount to an entity nominated by the prisoner; or\nkeep the amount in the prisoner’s account until the prisoner is discharged or released.\nA donor is an approved donor for a prisoner unless the chief executive decides not to receive an amount for the prisoner from the donor for payment into the prisoner’s account in the prisoners trust fund.\nTo remove any doubt, the prisoner can not access an amount held in the prisoner’s account under subsection (4) (b) .\nIn this section—\nallowable balance , for a prisoner’s account, means the amount allowed under section 311 (6) (b) .\nallowable receipt amount means the amount allowed for a single receipt for a prisoner under section 311 (6) (a) .\ndonor , of an amount received for a prisoner, means the person from whom the amount is received.\nprisoner’s account , for a prisoner, means the prisoner’s account mentioned in section 311 (2) .\ns 311A ins 2009 No. 30 s 35\namd 2020 No. 23 s 49\n(sec.311A-ssec.1) This section applies if the chief executive receives an amount for a prisoner and any of the following apply— the chief executive is not satisfied that the donor of the amount is sufficiently identified; the donor of the amount is not an approved donor for the prisoner; the donor of the amount was released from a corrective services facility within 1 year before the chief executive received the amount; the amount is more than the allowable receipt amount; payment of the amount into the prisoner’s account would result in the balance of that account being more than the allowable balance.\n(sec.311A-ssec.2) The chief executive must return the amount to its donor.\n(sec.311A-ssec.3) However, the chief executive may decide to receive an amount for the prisoner even if the donor of the amount was released from a corrective services facility within 1 year before the chief executive received the amount.\n(sec.311A-ssec.4) If, despite making reasonable efforts, the chief executive can not return the amount to its donor, the chief executive must, as the chief executive considers appropriate— pay the amount to an entity nominated by the prisoner; or keep the amount in the prisoner’s account until the prisoner is discharged or released.\n(sec.311A-ssec.5) A donor is an approved donor for a prisoner unless the chief executive decides not to receive an amount for the prisoner from the donor for payment into the prisoner’s account in the prisoners trust fund.\n(sec.311A-ssec.6) To remove any doubt, the prisoner can not access an amount held in the prisoner’s account under subsection (4) (b) .\n(sec.311A-ssec.7) In this section— allowable balance , for a prisoner’s account, means the amount allowed under section 311 (6) (b) . allowable receipt amount means the amount allowed for a single receipt for a prisoner under section 311 (6) (a) . donor , of an amount received for a prisoner, means the person from whom the amount is received. prisoner’s account , for a prisoner, means the prisoner’s account mentioned in section 311 (2) .\n- (a) the chief executive is not satisfied that the donor of the amount is sufficiently identified;\n- (b) the donor of the amount is not an approved donor for the prisoner;\n- (c) the donor of the amount was released from a corrective services facility within 1 year before the chief executive received the amount;\n- (d) the amount is more than the allowable receipt amount;\n- (e) payment of the amount into the prisoner’s account would result in the balance of that account being more than the allowable balance.\n- (a) pay the amount to an entity nominated by the prisoner; or\n- (b) keep the amount in the prisoner’s account until the prisoner is discharged or released.","sortOrder":516},{"sectionNumber":"sec.312","sectionType":"section","heading":"Trust account records","content":"### sec.312 Trust account records\n\nThe chief executive must keep records of the administration of each prisoner’s account, noting each payment to the account and each deduction from the account.","sortOrder":517},{"sectionNumber":"sec.313","sectionType":"section","heading":"Payments to prisoner’s account","content":"### sec.313 Payments to prisoner’s account\n\nThe chief executive may pay an amount into a prisoner’s account for the following purposes—\nallowances for basic amenities;\nanother purpose prescribed under a regulation.\n- (a) allowances for basic amenities;\n- (b) another purpose prescribed under a regulation.","sortOrder":518},{"sectionNumber":"sec.314","sectionType":"section","heading":"Deductions from prisoner’s account","content":"### sec.314 Deductions from prisoner’s account\n\nThe chief executive may deduct an amount from a prisoner’s account for the following purposes—\nif the prisoner asks, to help the prisoner to attend an approved activity, course or program or for a leave of absence;\nto reimburse the chief executive for any payments made to help the prisoner to attend an approved activity, course or program or for a leave of absence;\nto reimburse the chief executive for the cost of replacing or repairing any property the prisoner wilfully damaged or destroyed during the commission of—\nan offence against this Act or a breach of discipline; or\nan offence for which the prisoner is convicted, if the reimbursement is in accordance with a court order under the Penalties and Sentences Act 1992 ;\nto buy or rent goods for the prisoner, at the prisoner’s request;\nto pay for, or contribute to the cost of, the prisoner’s travel on discharge or release from the corrective services facility;\nanother purpose prescribed under a regulation.\n- (a) if the prisoner asks, to help the prisoner to attend an approved activity, course or program or for a leave of absence;\n- (b) to reimburse the chief executive for any payments made to help the prisoner to attend an approved activity, course or program or for a leave of absence;\n- (c) to reimburse the chief executive for the cost of replacing or repairing any property the prisoner wilfully damaged or destroyed during the commission of— (i) an offence against this Act or a breach of discipline; or (ii) an offence for which the prisoner is convicted, if the reimbursement is in accordance with a court order under the Penalties and Sentences Act 1992 ;\n- (i) an offence against this Act or a breach of discipline; or\n- (ii) an offence for which the prisoner is convicted, if the reimbursement is in accordance with a court order under the Penalties and Sentences Act 1992 ;\n- (d) to buy or rent goods for the prisoner, at the prisoner’s request;\n- (e) to pay for, or contribute to the cost of, the prisoner’s travel on discharge or release from the corrective services facility;\n- (f) another purpose prescribed under a regulation.\n- (i) an offence against this Act or a breach of discipline; or\n- (ii) an offence for which the prisoner is convicted, if the reimbursement is in accordance with a court order under the Penalties and Sentences Act 1992 ;","sortOrder":519},{"sectionNumber":"sec.315","sectionType":"section","heading":"Investment of prisoners trust fund","content":"### sec.315 Investment of prisoners trust fund\n\nThe chief executive may invest amounts held in the prisoners trust fund in a financial institution.\nThe chief executive must apply any interest earned on the investment for the general benefit of prisoners and report annually to the Minister on the application of the interest.\ns 315 amd 2025 No. 8 s 320 (uncommenced amendment)\n(sec.315-ssec.1) The chief executive may invest amounts held in the prisoners trust fund in a financial institution.\n(sec.315-ssec.2) The chief executive must apply any interest earned on the investment for the general benefit of prisoners and report annually to the Minister on the application of the interest. s 315 amd 2025 No. 8 s 320 (uncommenced amendment)","sortOrder":520},{"sectionNumber":"sec.316","sectionType":"section","heading":"Remuneration for prisoner","content":"### sec.316 Remuneration for prisoner\n\nThe chief executive may approve an activity or program to be an activity or program for which remuneration, at rates set by the chief executive, may be paid to a prisoner.\nThe chief executive must review the remuneration rates at least once every year.\nThe chief executive may withhold remuneration from a prisoner who—\nhas not diligently undertaken the activity or program; or\nrefuses to participate in an activity or program for which an approval has been given under subsection (1) .\n(sec.316-ssec.1) The chief executive may approve an activity or program to be an activity or program for which remuneration, at rates set by the chief executive, may be paid to a prisoner.\n(sec.316-ssec.2) The chief executive must review the remuneration rates at least once every year.\n(sec.316-ssec.3) The chief executive may withhold remuneration from a prisoner who— has not diligently undertaken the activity or program; or refuses to participate in an activity or program for which an approval has been given under subsection (1) .\n- (a) has not diligently undertaken the activity or program; or\n- (b) refuses to participate in an activity or program for which an approval has been given under subsection (1) .","sortOrder":521},{"sectionNumber":"ch.6-pt.11-div.2","sectionType":"division","heading":"Other property of prisoner","content":"## Other property of prisoner","sortOrder":522},{"sectionNumber":"sec.317","sectionType":"section","heading":"Bringing property into corrective services facility","content":"### sec.317 Bringing property into corrective services facility\n\nThe chief executive may allow property to be brought into a corrective services facility for a prisoner (the prisoner’s property ).\nHowever, the chief executive may impose conditions about the prisoner’s property, including, for example, a condition—\nlimiting the property’s use; or\nthat the property be safe for use; or\nthat the property be stored by the chief executive in safe custody until the prisoner’s release from custody.\nThe prisoner must pay any costs incurred in deciding whether the prisoner’s property is safe for use.\nIf the prisoner fails to pay the costs, the chief executive may refuse to allow the prisoner’s property to enter the corrective services facility.\nA regulation may be made about the property that a prisoner may keep in a corrective services facility, including, for example, the amount of property a prisoner may keep.\nThe chief executive must keep a record describing the property brought into the corrective services facility for each prisoner.\n(sec.317-ssec.1) The chief executive may allow property to be brought into a corrective services facility for a prisoner (the prisoner’s property ).\n(sec.317-ssec.2) However, the chief executive may impose conditions about the prisoner’s property, including, for example, a condition— limiting the property’s use; or that the property be safe for use; or that the property be stored by the chief executive in safe custody until the prisoner’s release from custody.\n(sec.317-ssec.3) The prisoner must pay any costs incurred in deciding whether the prisoner’s property is safe for use.\n(sec.317-ssec.4) If the prisoner fails to pay the costs, the chief executive may refuse to allow the prisoner’s property to enter the corrective services facility.\n(sec.317-ssec.5) A regulation may be made about the property that a prisoner may keep in a corrective services facility, including, for example, the amount of property a prisoner may keep.\n(sec.317-ssec.6) The chief executive must keep a record describing the property brought into the corrective services facility for each prisoner.\n- (a) limiting the property’s use; or\n- (b) that the property be safe for use; or\n- (c) that the property be stored by the chief executive in safe custody until the prisoner’s release from custody.","sortOrder":523},{"sectionNumber":"sec.318","sectionType":"section","heading":"Dealing with property if prisoner escapes","content":"### sec.318 Dealing with property if prisoner escapes\n\nIf a prisoner escapes, the prisoner’s property kept in a corrective services facility is taken to have been abandoned, and is forfeited to the State.\nThe chief executive may dispose of, or destroy, the property.\n(sec.318-ssec.1) If a prisoner escapes, the prisoner’s property kept in a corrective services facility is taken to have been abandoned, and is forfeited to the State.\n(sec.318-ssec.2) The chief executive may dispose of, or destroy, the property.","sortOrder":524},{"sectionNumber":"ch.6-pt.12","sectionType":"part","heading":"Compensation","content":"# Compensation","sortOrder":525},{"sectionNumber":"sec.319","sectionType":"section","heading":"Compensation for lost or damaged property","content":"### sec.319 Compensation for lost or damaged property\n\nA person may claim compensation from the State if, when the person was in the chief executive’s custody, the person’s property was lost or damaged while—\nstored by the chief executive; or\nbeing transported by the chief executive between corrective services facilities.\nThe person may apply to the chief executive for payment of an amount by the State for the loss or damage.\nThe application is to be decided by the chief executive.\nThe chief executive may approve the payment of an amount if satisfied the payment is justified in the circumstances.\nIn this section—\nproperty means property recorded under section 317 (6) .\n(sec.319-ssec.1) A person may claim compensation from the State if, when the person was in the chief executive’s custody, the person’s property was lost or damaged while— stored by the chief executive; or being transported by the chief executive between corrective services facilities.\n(sec.319-ssec.2) The person may apply to the chief executive for payment of an amount by the State for the loss or damage.\n(sec.319-ssec.3) The application is to be decided by the chief executive.\n(sec.319-ssec.4) The chief executive may approve the payment of an amount if satisfied the payment is justified in the circumstances.\n(sec.319-ssec.5) In this section— property means property recorded under section 317 (6) .\n- (a) stored by the chief executive; or\n- (b) being transported by the chief executive between corrective services facilities.","sortOrder":526},{"sectionNumber":"ch.6-pt.12A","sectionType":"part","heading":"Discrimination complaints","content":"# Discrimination complaints","sortOrder":527},{"sectionNumber":"ch.6-pt.12A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":528},{"sectionNumber":"sec.319A","sectionType":"section","heading":"Definitions","content":"### sec.319A Definitions\n\nIn this part—\nprotected defendant means—\nthe State, but only in relation to a matter arising out of the administration of this Act; or\nan engaged service provider; or\na community service supervisor; or\nan entity employed or engaged under this Act whose functions include rehabilitating offenders; or\nan entity that is joined in a proceeding about a contravention of the Anti-Discrimination Act brought by an offender against an entity mentioned in paragraph (a) , (b) , (c) , (d) or (f) ; or\nan individual employed or engaged by an entity mentioned in paragraph (a) , (b) , (c) , (d) or (e) .\nrelevant person means a person mentioned in section 134 (1) or (3) of the Anti-Discrimination Act .\nAnti-Discrimination Act , section 134 (Who may complain)\ns 319A def relevant person sub 2024 No. 47 s 54 (uncommenced amendment)\ntribunal means QCAT.\ns 319A def tribunal sub 2009 No. 24 s 98\ns 319A ins 2008 No. 53 s 4\n- (a) the State, but only in relation to a matter arising out of the administration of this Act; or\n- (b) an engaged service provider; or\n- (c) a community service supervisor; or\n- (d) an entity employed or engaged under this Act whose functions include rehabilitating offenders; or\n- (e) an entity that is joined in a proceeding about a contravention of the Anti-Discrimination Act brought by an offender against an entity mentioned in paragraph (a) , (b) , (c) , (d) or (f) ; or\n- (f) an individual employed or engaged by an entity mentioned in paragraph (a) , (b) , (c) , (d) or (e) .","sortOrder":529},{"sectionNumber":"sec.319B","sectionType":"section","heading":"Purpose of part and its achievement","content":"### sec.319B Purpose of part and its achievement\n\nThe purpose of this part is to maintain a balance between—\nthe financial and other constraints to which protected defendants are subject in their treatment of offenders; and\nthe need to continue to respect offenders’ dignity.\nThe purpose is achieved primarily by—\nrequiring offenders to use internal complaints procedures provided by the department for complaining about an alleged contravention of the Anti-Discrimination Act before complaining under that Act about a contravention; and\nmodifying the Anti-Discrimination Act ’s application to the treatment of offenders by protected defendants.\ns 319B ins 2008 No. 53 s 4\n(sec.319B-ssec.1) The purpose of this part is to maintain a balance between— the financial and other constraints to which protected defendants are subject in their treatment of offenders; and the need to continue to respect offenders’ dignity.\n(sec.319B-ssec.2) The purpose is achieved primarily by— requiring offenders to use internal complaints procedures provided by the department for complaining about an alleged contravention of the Anti-Discrimination Act before complaining under that Act about a contravention; and modifying the Anti-Discrimination Act ’s application to the treatment of offenders by protected defendants.\n- (a) the financial and other constraints to which protected defendants are subject in their treatment of offenders; and\n- (b) the need to continue to respect offenders’ dignity.\n- (a) requiring offenders to use internal complaints procedures provided by the department for complaining about an alleged contravention of the Anti-Discrimination Act before complaining under that Act about a contravention; and\n- (b) modifying the Anti-Discrimination Act ’s application to the treatment of offenders by protected defendants.","sortOrder":530},{"sectionNumber":"sec.319C","sectionType":"section","heading":"Relationship with Anti-Discrimination Act","content":"### sec.319C Relationship with Anti-Discrimination Act\n\nThis part applies despite the Anti-Discrimination Act .\ns 319C ins 2008 No. 53 s 4","sortOrder":531},{"sectionNumber":"ch.6-pt.12A-div.2","sectionType":"division","heading":"Restrictions on complaints","content":"## Restrictions on complaints","sortOrder":532},{"sectionNumber":"sec.319D","sectionType":"section","heading":"No property or interest in right of complaint","content":"### sec.319D No property or interest in right of complaint\n\nNothing in this part prevents a relevant person complaining to the human rights commissioner under the Anti-Discrimination Act , section 134 about an alleged contravention of that Act committed by a protected defendant against an offender.\nHowever, the offender has no property or interest in the right of complaint.\nSubsection (1) applies subject to section 319E .\ns 319D ins 2008 No. 53 s 4\namd 2019 No. 5 s 127 ; 2020 No. 23 s 69 s ch 1 pt 2\n(sec.319D-ssec.1) Nothing in this part prevents a relevant person complaining to the human rights commissioner under the Anti-Discrimination Act , section 134 about an alleged contravention of that Act committed by a protected defendant against an offender.\n(sec.319D-ssec.2) However, the offender has no property or interest in the right of complaint.\n(sec.319D-ssec.3) Subsection (1) applies subject to section 319E .","sortOrder":533},{"sectionNumber":"sec.319E","sectionType":"section","heading":"Complaint to chief executive required first","content":"### sec.319E Complaint to chief executive required first\n\nA relevant person can not complain to the human rights commissioner under the Anti-Discrimination Act , section 134 about an alleged contravention of that Act committed by a protected defendant against an offender until—\nif the offender was detained in a corrective services facility when the alleged contravention happened—at least 4 months after the offender makes a written complaint about the alleged contravention to the chief executive at the corrective services facility where the offender was detained; or\nif the offender was not detained in a corrective services facility when the alleged contravention happened—at least 4 months after the offender makes a written complaint about the alleged contravention to the chief executive at the community corrections office where the offender was required to report to a corrective services officer.\nHowever, subsection (1) does not apply if the offender is notified in writing by the chief executive that the chief executive has finished dealing with the offender’s complaint.\ns 319E ins 2008 No. 53 s 4\namd 2019 No. 5 s 128 ; 2020 No. 23 s 69 sch 1\n(sec.319E-ssec.1) A relevant person can not complain to the human rights commissioner under the Anti-Discrimination Act , section 134 about an alleged contravention of that Act committed by a protected defendant against an offender until— if the offender was detained in a corrective services facility when the alleged contravention happened—at least 4 months after the offender makes a written complaint about the alleged contravention to the chief executive at the corrective services facility where the offender was detained; or if the offender was not detained in a corrective services facility when the alleged contravention happened—at least 4 months after the offender makes a written complaint about the alleged contravention to the chief executive at the community corrections office where the offender was required to report to a corrective services officer.\n(sec.319E-ssec.2) However, subsection (1) does not apply if the offender is notified in writing by the chief executive that the chief executive has finished dealing with the offender’s complaint.\n- (a) if the offender was detained in a corrective services facility when the alleged contravention happened—at least 4 months after the offender makes a written complaint about the alleged contravention to the chief executive at the corrective services facility where the offender was detained; or\n- (b) if the offender was not detained in a corrective services facility when the alleged contravention happened—at least 4 months after the offender makes a written complaint about the alleged contravention to the chief executive at the community corrections office where the offender was required to report to a corrective services officer.","sortOrder":534},{"sectionNumber":"sec.319F","sectionType":"section","heading":null,"content":"### Section sec.319F\n\ns 319F ins 2008 No. 53 s 4\namd 2019 No. 5 s 129\nom 2020 No. 23 s 50","sortOrder":535},{"sectionNumber":"ch.6-pt.12A-div.3","sectionType":"division","heading":"Modifications","content":"## Modifications","sortOrder":536},{"sectionNumber":"sec.319G","sectionType":"section","heading":"When treatment of offender by protected defendant is not direct discrimination","content":"### sec.319G When treatment of offender by protected defendant is not direct discrimination\n\nThis section applies if a protected defendant treats, or proposes to treat, an offender with an attribute less favourably than another offender without the attribute in circumstances that are the same or not materially different.\nFor the Anti-Discrimination Act , section 10 the protected defendant does not directly discriminate against the offender if the treatment, or proposed treatment, is reasonable.\nIn considering whether the treatment, or proposed treatment, is reasonable, the tribunal must consider any relevant submissions made about any of the following—\nthe security and good order of any corrective services facility in which the offender was detained when the protected defendant treated, or proposed to treat, the offender less favourably;\nthe cost to the protected defendant of providing alternative treatment;\nthe administrative and operational burden that providing alternative treatment might place on the protected defendant;\nthe disruption to the protected defendant that providing alternative treatment might cause;\nthe budget constraints of the protected defendant;\nthe resources constraints of the protected defendant;\nwhether the treatment, or proposed treatment, adequately meets the needs of the offender, notwithstanding the availability of alternative treatment that more ideally meets the needs of the offender;\nthe need to respect offenders’ dignity;\nwhether the treatment, or proposed treatment, unfairly prejudices other offenders;\nany other matter the tribunal considers relevant.\nIn a case involving an allegation of direct discrimination by an offender against a protected defendant, the protected defendant must prove, on the balance of probabilities, that the treatment, or proposed treatment, is reasonable.\ns 319G ins 2008 No. 53 s 4\namd 2024 No. 47 s 54A (uncommenced amendment)\n(sec.319G-ssec.1) This section applies if a protected defendant treats, or proposes to treat, an offender with an attribute less favourably than another offender without the attribute in circumstances that are the same or not materially different.\n(sec.319G-ssec.2) For the Anti-Discrimination Act , section 10 the protected defendant does not directly discriminate against the offender if the treatment, or proposed treatment, is reasonable.\n(sec.319G-ssec.3) In considering whether the treatment, or proposed treatment, is reasonable, the tribunal must consider any relevant submissions made about any of the following— the security and good order of any corrective services facility in which the offender was detained when the protected defendant treated, or proposed to treat, the offender less favourably; the cost to the protected defendant of providing alternative treatment; the administrative and operational burden that providing alternative treatment might place on the protected defendant; the disruption to the protected defendant that providing alternative treatment might cause; the budget constraints of the protected defendant; the resources constraints of the protected defendant; whether the treatment, or proposed treatment, adequately meets the needs of the offender, notwithstanding the availability of alternative treatment that more ideally meets the needs of the offender; the need to respect offenders’ dignity; whether the treatment, or proposed treatment, unfairly prejudices other offenders; any other matter the tribunal considers relevant.\n(sec.319G-ssec.4) In a case involving an allegation of direct discrimination by an offender against a protected defendant, the protected defendant must prove, on the balance of probabilities, that the treatment, or proposed treatment, is reasonable.\n- (a) the security and good order of any corrective services facility in which the offender was detained when the protected defendant treated, or proposed to treat, the offender less favourably;\n- (b) the cost to the protected defendant of providing alternative treatment;\n- (c) the administrative and operational burden that providing alternative treatment might place on the protected defendant;\n- (d) the disruption to the protected defendant that providing alternative treatment might cause;\n- (e) the budget constraints of the protected defendant;\n- (f) the resources constraints of the protected defendant;\n- (g) whether the treatment, or proposed treatment, adequately meets the needs of the offender, notwithstanding the availability of alternative treatment that more ideally meets the needs of the offender;\n- (h) the need to respect offenders’ dignity;\n- (i) whether the treatment, or proposed treatment, unfairly prejudices other offenders;\n- (j) any other matter the tribunal considers relevant.","sortOrder":537},{"sectionNumber":"sec.319H","sectionType":"section","heading":"When term imposed on offender by protected defendant is not indirect discrimination","content":"### sec.319H When term imposed on offender by protected defendant is not indirect discrimination\n\nThis section applies if a protected defendant imposes, or proposes to impose, a term—\nwith which an offender with an attribute does not or is not able to comply; and\nwith which a higher proportion of offenders without the attribute comply or are able to comply.\nIn considering whether for the Anti-Discrimination Act , section 11 (1) (c) the term is reasonable, the tribunal must consider any relevant submissions made about any of the following—\nthe security and good order of any corrective services facility in which the offender was detained when the protected defendant imposed, or proposed to impose, the term;\nthe cost to the protected defendant of imposing an alternative term;\nthe administrative and operational burden that imposing an alternative term might place on the protected defendant;\nthe disruption to the protected defendant that imposing an alternative term might cause;\nthe budget constraints of the protected defendant;\nthe resources constraints of the protected defendant;\nwhether the imposing of, or proposal to impose, the term adequately meets the needs of the offender, notwithstanding the availability of an alternative term that more ideally meets the needs of the offender;\nthe need to respect offenders’ dignity;\nwhether the imposing of, or proposal to impose, the term unfairly prejudices other offenders;\nany other matter the tribunal considers relevant.\nIn this section—\nterm includes condition, requirement or practice, whether or not written.\ns 319H ins 2008 No. 53 s 4\namd 2024 No. 47 s 54B (uncommenced amendment)\n(sec.319H-ssec.1) This section applies if a protected defendant imposes, or proposes to impose, a term— with which an offender with an attribute does not or is not able to comply; and with which a higher proportion of offenders without the attribute comply or are able to comply.\n(sec.319H-ssec.2) In considering whether for the Anti-Discrimination Act , section 11 (1) (c) the term is reasonable, the tribunal must consider any relevant submissions made about any of the following— the security and good order of any corrective services facility in which the offender was detained when the protected defendant imposed, or proposed to impose, the term; the cost to the protected defendant of imposing an alternative term; the administrative and operational burden that imposing an alternative term might place on the protected defendant; the disruption to the protected defendant that imposing an alternative term might cause; the budget constraints of the protected defendant; the resources constraints of the protected defendant; whether the imposing of, or proposal to impose, the term adequately meets the needs of the offender, notwithstanding the availability of an alternative term that more ideally meets the needs of the offender; the need to respect offenders’ dignity; whether the imposing of, or proposal to impose, the term unfairly prejudices other offenders; any other matter the tribunal considers relevant.\n(sec.319H-ssec.3) In this section— term includes condition, requirement or practice, whether or not written.\n- (a) with which an offender with an attribute does not or is not able to comply; and\n- (b) with which a higher proportion of offenders without the attribute comply or are able to comply.\n- (a) the security and good order of any corrective services facility in which the offender was detained when the protected defendant imposed, or proposed to impose, the term;\n- (b) the cost to the protected defendant of imposing an alternative term;\n- (c) the administrative and operational burden that imposing an alternative term might place on the protected defendant;\n- (d) the disruption to the protected defendant that imposing an alternative term might cause;\n- (e) the budget constraints of the protected defendant;\n- (f) the resources constraints of the protected defendant;\n- (g) whether the imposing of, or proposal to impose, the term adequately meets the needs of the offender, notwithstanding the availability of an alternative term that more ideally meets the needs of the offender;\n- (h) the need to respect offenders’ dignity;\n- (i) whether the imposing of, or proposal to impose, the term unfairly prejudices other offenders;\n- (j) any other matter the tribunal considers relevant.","sortOrder":538},{"sectionNumber":"sec.319I","sectionType":"section","heading":"Restrictions on tribunal compensation orders","content":"### sec.319I Restrictions on tribunal compensation orders\n\nThis section applies if the tribunal decides a protected defendant contravened the Anti-Discrimination Act in relation to an offender.\nThe tribunal may make a compensation order only if it—\nfinds that the contravention happened because of an act or omission done or made in bad faith; and\nconsiders that no non-compensatory order effectively redresses the offender for the contravention.\nIf the tribunal decides to make a compensation order, it must give the protected defendant and the offender written reasons that no non-compensatory order effectively redresses the offender for the contravention.\nAlso, if the tribunal decides to make a compensation order—\nthe tribunal can not require that payment of an amount of compensation, or interest on an amount of compensation, be paid directly to the offender; and\nthe order has effect as an award of compensation only for part 12B ; and\nthe offender has no property or interest in the compensation.\nIn this section—\ncompensation order means an order under the Anti-Discrimination Act , section 209 (1) (b) .\nnon-compensatory order means an order under the Anti-Discrimination Act , section 209 (1) other than a compensation order.\ns 319I ins 2008 No. 53 s 4\n(sec.319I-ssec.1) This section applies if the tribunal decides a protected defendant contravened the Anti-Discrimination Act in relation to an offender.\n(sec.319I-ssec.2) The tribunal may make a compensation order only if it— finds that the contravention happened because of an act or omission done or made in bad faith; and considers that no non-compensatory order effectively redresses the offender for the contravention.\n(sec.319I-ssec.3) If the tribunal decides to make a compensation order, it must give the protected defendant and the offender written reasons that no non-compensatory order effectively redresses the offender for the contravention.\n(sec.319I-ssec.4) Also, if the tribunal decides to make a compensation order— the tribunal can not require that payment of an amount of compensation, or interest on an amount of compensation, be paid directly to the offender; and the order has effect as an award of compensation only for part 12B ; and the offender has no property or interest in the compensation.\n(sec.319I-ssec.5) In this section— compensation order means an order under the Anti-Discrimination Act , section 209 (1) (b) . non-compensatory order means an order under the Anti-Discrimination Act , section 209 (1) other than a compensation order.\n- (a) finds that the contravention happened because of an act or omission done or made in bad faith; and\n- (b) considers that no non-compensatory order effectively redresses the offender for the contravention.\n- (a) the tribunal can not require that payment of an amount of compensation, or interest on an amount of compensation, be paid directly to the offender; and\n- (b) the order has effect as an award of compensation only for part 12B ; and\n- (c) the offender has no property or interest in the compensation.","sortOrder":539},{"sectionNumber":"ch.6-pt.12B","sectionType":"part","heading":"Victim trust funds","content":"# Victim trust funds","sortOrder":540},{"sectionNumber":"ch.6-pt.12B-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":541},{"sectionNumber":"sec.319J","sectionType":"section","heading":"Definitions","content":"### sec.319J Definitions\n\nIn this part—\naward of compensation , in relation to a person, means—\nan amount of compensation (including any interest on the amount), that has been finally decided, in relation to the person under the Anti-Discrimination Act , section 209 (1) (b) or (g) for a contravention of that Act committed by a protected defendant while the person was an offender; or\nan obligation to pay an amount of compensation in relation to the person under an agreement between the person and a protected defendant relating to a complaint under the Anti-Discrimination Act about an alleged contravention of that Act committed by the protected defendant against the person while the person was an offender.\naward of damages , in relation to a person, means—\nan award of damages (including any interest), that has been finally decided, in relation to the person by a court for a civil wrong committed by a protected defendant against the person while the person was an offender; or\nan obligation to pay damages in relation to the person under an agreement between the person and a protected defendant relating to a cause of action by the person against the protected defendant for a civil wrong committed by the protected defendant against the person while the person was an offender.\nchild support registrar means the child support registrar under the Child Support (Registration and Collection) Act 1988 (Cwlth) , section 10 .\ncollection entity means—\nthe chief executive of the department in which the Victims of Crime Assistance Act is administered; or\nthe SPER registrar; or\nthe child support registrar.\ns 319J def collection entity amd 2009 No. 35 s 197\ndisbursements includes outlays.\neligible entity claim see section 319ZC (3) .\neligible victim claim see section 319X (3) .\nentity claim see section 319Z .\nfinally decided , for an award of compensation or an award of damages, means—\nthat the period for appealing against the award has ended and no appeal has been made; or\nthat all appeals against the award have been withdrawn or finally decided.\npotential claimant , for the chief executive, means a person who, from documents held by the chief executive or made available to the chief executive under section 319U in relation to offences committed or allegedly committed by the person in relation to whom the relevant award was made, appears to have a victim claim against the person in relation to whom the relevant award was made.\nrelevant award , for a provision about a victim trust fund, means the award of relevant money that forms the fund.\nrelevant money , awarded in relation to a person, means—\nan award of damages in relation to the person against a protected defendant; or\nan award of compensation in relation to the person against a protected defendant.\nSPER means the registry established under the State Penalties Enforcement Act 1999 , part 2 .\nSPER registrar means the registrar of SPER under the State Penalties Enforcement Act 1999 , section 10 .\nvictim claim see section 319S (1) .\nvictim trust fund means the following—\na victim trust fund mentioned in section 319N (2) ;\nin relation to relevant money—the victim trust fund formed by the money.\ns 319J ins 2008 No. 53 s 4\n- (a) an amount of compensation (including any interest on the amount), that has been finally decided, in relation to the person under the Anti-Discrimination Act , section 209 (1) (b) or (g) for a contravention of that Act committed by a protected defendant while the person was an offender; or\n- (b) an obligation to pay an amount of compensation in relation to the person under an agreement between the person and a protected defendant relating to a complaint under the Anti-Discrimination Act about an alleged contravention of that Act committed by the protected defendant against the person while the person was an offender.\n- (a) an award of damages (including any interest), that has been finally decided, in relation to the person by a court for a civil wrong committed by a protected defendant against the person while the person was an offender; or\n- (b) an obligation to pay damages in relation to the person under an agreement between the person and a protected defendant relating to a cause of action by the person against the protected defendant for a civil wrong committed by the protected defendant against the person while the person was an offender.\n- (a) the chief executive of the department in which the Victims of Crime Assistance Act is administered; or\n- (b) the SPER registrar; or\n- (c) the child support registrar.\n- (a) that the period for appealing against the award has ended and no appeal has been made; or\n- (b) that all appeals against the award have been withdrawn or finally decided.\n- (a) an award of damages in relation to the person against a protected defendant; or\n- (b) an award of compensation in relation to the person against a protected defendant.\n- (a) a victim trust fund mentioned in section 319N (2) ;\n- (b) in relation to relevant money—the victim trust fund formed by the money.","sortOrder":542},{"sectionNumber":"sec.319K","sectionType":"section","heading":"Relationship between divs 2 to 4 and div 5","content":"### sec.319K Relationship between divs 2 to 4 and div 5\n\nDivisions 2 to 4 are subject to division 5 .\ns 319K ins 2008 No. 53 s 4\n_____\ns 319KA ins 2025 No. 8 s 321 (uncommenced amendment)","sortOrder":543},{"sectionNumber":"ch.6-pt.12B-div.2","sectionType":"division","heading":"Restrictions on causes of action and agreements","content":"## Restrictions on causes of action and agreements","sortOrder":544},{"sectionNumber":"sec.319L","sectionType":"section","heading":"No property or interest in causes of action","content":"### sec.319L No property or interest in causes of action\n\nThis section applies if a protected defendant commits a civil wrong against a person while the person is an offender.\nThe person may bring a proceeding in a court in relation to the civil wrong.\nHowever, the person has no property or interest in—\na cause of action for the civil wrong; or\nany relevant money awarded in a proceeding mentioned in subsection (2) .\nIf, in the proceeding, the person establishes the liability of the protected defendant for the civil wrong, the court—\nmay order the protected defendant to pay damages for harm or injury suffered by the person because of the civil wrong; and\nmust order that the damages be dealt with under this part.\nThe Civil Liability Act 2003 and the Personal Injuries Proceedings Act 2002 apply to the proceeding.\ns 319L ins 2008 No. 53 s 4\n(sec.319L-ssec.1) This section applies if a protected defendant commits a civil wrong against a person while the person is an offender.\n(sec.319L-ssec.2) The person may bring a proceeding in a court in relation to the civil wrong.\n(sec.319L-ssec.3) However, the person has no property or interest in— a cause of action for the civil wrong; or any relevant money awarded in a proceeding mentioned in subsection (2) .\n(sec.319L-ssec.4) If, in the proceeding, the person establishes the liability of the protected defendant for the civil wrong, the court— may order the protected defendant to pay damages for harm or injury suffered by the person because of the civil wrong; and must order that the damages be dealt with under this part.\n(sec.319L-ssec.5) The Civil Liability Act 2003 and the Personal Injuries Proceedings Act 2002 apply to the proceeding.\n- (a) a cause of action for the civil wrong; or\n- (b) any relevant money awarded in a proceeding mentioned in subsection (2) .\n- (a) may order the protected defendant to pay damages for harm or injury suffered by the person because of the civil wrong; and\n- (b) must order that the damages be dealt with under this part.","sortOrder":545},{"sectionNumber":"sec.319M","sectionType":"section","heading":"No property or interest under agreements","content":"### sec.319M No property or interest under agreements\n\nThis section applies if a protected defendant enters into an agreement with a person about the liability of the protected defendant to pay an amount of damages or compensation, however described, in relation to a civil wrong committed by the protected defendant against the person while the person was an offender.\nThe agreement contains the following implied terms—\nthe damages or compensation that must be paid by the protected defendant must be dealt with under this part;\nthe person has no property or interest in the damages or compensation.\nAn agreement between the protected defendant and the person to deal with the amount of damages or compensation other than as provided by this part is void.\nIn this section—\ndamages or compensation includes any interest payable on the damages or compensation.\ns 319M ins 2008 No. 53 s 4\n(sec.319M-ssec.1) This section applies if a protected defendant enters into an agreement with a person about the liability of the protected defendant to pay an amount of damages or compensation, however described, in relation to a civil wrong committed by the protected defendant against the person while the person was an offender.\n(sec.319M-ssec.2) The agreement contains the following implied terms— the damages or compensation that must be paid by the protected defendant must be dealt with under this part; the person has no property or interest in the damages or compensation.\n(sec.319M-ssec.3) An agreement between the protected defendant and the person to deal with the amount of damages or compensation other than as provided by this part is void.\n(sec.319M-ssec.4) In this section— damages or compensation includes any interest payable on the damages or compensation.\n- (a) the damages or compensation that must be paid by the protected defendant must be dealt with under this part;\n- (b) the person has no property or interest in the damages or compensation.","sortOrder":546},{"sectionNumber":"ch.6-pt.12B-div.3","sectionType":"division","heading":"Establishment of victim trust fund","content":"## Establishment of victim trust fund","sortOrder":547},{"sectionNumber":"sec.319N","sectionType":"section","heading":"Relevant money held in trust in a victim trust fund","content":"### sec.319N Relevant money held in trust in a victim trust fund\n\nRelevant money awarded in relation to a person—\nis held in trust by the protected defendant liable to pay the relevant money for the payment of the following—\nany awards on eligible victim claims against the person;\nany amounts of eligible entity claims against the person; and\nmay be paid out only as allowed under this part.\nRelevant money held by a protected defendant in trust under this part forms a fund (a victim trust fund ).\nThis section is subject to any Act of the State or the Commonwealth requiring the protected defendant to pay the relevant money to someone else.\nSection 319ZG also provides an exception to this section for medical expenses. Section 319ZH provides an exception for legal costs.\ns 319N ins 2008 No. 53 s 4\n(sec.319N-ssec.1) Relevant money awarded in relation to a person— is held in trust by the protected defendant liable to pay the relevant money for the payment of the following— any awards on eligible victim claims against the person; any amounts of eligible entity claims against the person; and may be paid out only as allowed under this part.\n(sec.319N-ssec.2) Relevant money held by a protected defendant in trust under this part forms a fund (a victim trust fund ).\n(sec.319N-ssec.3) This section is subject to any Act of the State or the Commonwealth requiring the protected defendant to pay the relevant money to someone else. Section 319ZG also provides an exception to this section for medical expenses. Section 319ZH provides an exception for legal costs.\n- (a) is held in trust by the protected defendant liable to pay the relevant money for the payment of the following— (i) any awards on eligible victim claims against the person; (ii) any amounts of eligible entity claims against the person; and\n- (i) any awards on eligible victim claims against the person;\n- (ii) any amounts of eligible entity claims against the person; and\n- (b) may be paid out only as allowed under this part.\n- (i) any awards on eligible victim claims against the person;\n- (ii) any amounts of eligible entity claims against the person; and","sortOrder":548},{"sectionNumber":"sec.319O","sectionType":"section","heading":"Chief executive to be notified of victim trust fund","content":"### sec.319O Chief executive to be notified of victim trust fund\n\nThis section applies to the following protected defendants liable to pay an award of relevant money—\na protected defendant mentioned in section 319A , definition protected defendant , paragraph (a) if the protected defendant’s liability to pay the award of relevant money arose because of an act or omission of an individual who is not employed or engaged by the department;\na prescribed protected defendant.\nThe protected defendant must, as soon as reasonably practicable but at least within 7 days after the relevant money is awarded, give the chief executive a written notice stating—\nthe name of the person in relation to whom the award was made; and\nthe date the award was made; and\nthe amount of the award; and\nthe date the victim trust fund was transferred, or is intended to be transferred, to the public trustee.\nMaximum penalty for a prescribed protected defendant—2 penalty units.\nIn this section—\nprescribed protected defendant means—\na protected defendant mentioned in section 319A , definition protected defendant , paragraph (b) to (e) ; or\na protected defendant mentioned in section 319A , definition protected defendant , paragraph (f) who is an individual employed or engaged by a protected defendant mentioned in paragraph (a) .\ns 319O ins 2008 No. 53 s 4\n(sec.319O-ssec.1) This section applies to the following protected defendants liable to pay an award of relevant money— a protected defendant mentioned in section 319A , definition protected defendant , paragraph (a) if the protected defendant’s liability to pay the award of relevant money arose because of an act or omission of an individual who is not employed or engaged by the department; a prescribed protected defendant.\n(sec.319O-ssec.2) The protected defendant must, as soon as reasonably practicable but at least within 7 days after the relevant money is awarded, give the chief executive a written notice stating— the name of the person in relation to whom the award was made; and the date the award was made; and the amount of the award; and the date the victim trust fund was transferred, or is intended to be transferred, to the public trustee. Maximum penalty for a prescribed protected defendant—2 penalty units.\n(sec.319O-ssec.3) In this section— prescribed protected defendant means— a protected defendant mentioned in section 319A , definition protected defendant , paragraph (b) to (e) ; or a protected defendant mentioned in section 319A , definition protected defendant , paragraph (f) who is an individual employed or engaged by a protected defendant mentioned in paragraph (a) .\n- (a) a protected defendant mentioned in section 319A , definition protected defendant , paragraph (a) if the protected defendant’s liability to pay the award of relevant money arose because of an act or omission of an individual who is not employed or engaged by the department;\n- (b) a prescribed protected defendant.\n- (a) the name of the person in relation to whom the award was made; and\n- (b) the date the award was made; and\n- (c) the amount of the award; and\n- (d) the date the victim trust fund was transferred, or is intended to be transferred, to the public trustee.\n- (a) a protected defendant mentioned in section 319A , definition protected defendant , paragraph (b) to (e) ; or\n- (b) a protected defendant mentioned in section 319A , definition protected defendant , paragraph (f) who is an individual employed or engaged by a protected defendant mentioned in paragraph (a) .","sortOrder":549},{"sectionNumber":"sec.319P","sectionType":"section","heading":"Victim trust fund to be transferred to public trustee","content":"### sec.319P Victim trust fund to be transferred to public trustee\n\nA protected defendant liable to pay an award of relevant money must transfer the victim trust fund to the public trustee within 1 month after the protected defendant—\nknows the amount of the relevant money that is required by an Act of the State or the Commonwealth to be paid to someone else; or\nis satisfied that none of the relevant money is required by an Act of the State or the Commonwealth to be paid to someone else.\nMaximum penalty for a prescribed protected defendant—2 penalty units.\nThe public trustee must—\nhold the victim trust fund under this part; and\npay an amount out of the victim trust fund only as allowed under this part.\nInterest or other money received or realised on the investment of the victim trust fund is payable to and forms part of the victim trust fund.\nIn this section—\nprescribed protected defendant means—\na protected defendant mentioned in section 319A , definition protected defendant , paragraph (b) to (e) ; or\na protected defendant mentioned in section 319A , definition protected defendant , paragraph (f) who is an individual employed or engaged by a protected defendant mentioned in paragraph (a) .\ns 319P ins 2008 No. 53 s 4\n(sec.319P-ssec.1) A protected defendant liable to pay an award of relevant money must transfer the victim trust fund to the public trustee within 1 month after the protected defendant— knows the amount of the relevant money that is required by an Act of the State or the Commonwealth to be paid to someone else; or is satisfied that none of the relevant money is required by an Act of the State or the Commonwealth to be paid to someone else. Maximum penalty for a prescribed protected defendant—2 penalty units.\n(sec.319P-ssec.2) The public trustee must— hold the victim trust fund under this part; and pay an amount out of the victim trust fund only as allowed under this part.\n(sec.319P-ssec.3) Interest or other money received or realised on the investment of the victim trust fund is payable to and forms part of the victim trust fund.\n(sec.319P-ssec.4) In this section— prescribed protected defendant means— a protected defendant mentioned in section 319A , definition protected defendant , paragraph (b) to (e) ; or a protected defendant mentioned in section 319A , definition protected defendant , paragraph (f) who is an individual employed or engaged by a protected defendant mentioned in paragraph (a) .\n- (a) knows the amount of the relevant money that is required by an Act of the State or the Commonwealth to be paid to someone else; or\n- (b) is satisfied that none of the relevant money is required by an Act of the State or the Commonwealth to be paid to someone else.\n- (a) hold the victim trust fund under this part; and\n- (b) pay an amount out of the victim trust fund only as allowed under this part.\n- (a) a protected defendant mentioned in section 319A , definition protected defendant , paragraph (b) to (e) ; or\n- (b) a protected defendant mentioned in section 319A , definition protected defendant , paragraph (f) who is an individual employed or engaged by a protected defendant mentioned in paragraph (a) .","sortOrder":550},{"sectionNumber":"sec.319Q","sectionType":"section","heading":"Discharge of protected defendant","content":"### sec.319Q Discharge of protected defendant\n\nThe public trustee must give the protected defendant a receipt for a victim trust fund transferred to the public trustee under section 319P within 14 days after the public trustee receives the fund.\nThe receipt is sufficient discharge to the protected defendant as to the victim trust fund and on receiving the receipt, the protected defendant is not liable or accountable for the victim trust fund or liable for the application, distribution or appropriation of the victim trust fund.\nThe public trustee must give a copy of the receipt to the chief executive at the same time the public trustee gives the protected defendant the receipt.\ns 319Q ins 2008 No. 53 s 4\n(sec.319Q-ssec.1) The public trustee must give the protected defendant a receipt for a victim trust fund transferred to the public trustee under section 319P within 14 days after the public trustee receives the fund.\n(sec.319Q-ssec.2) The receipt is sufficient discharge to the protected defendant as to the victim trust fund and on receiving the receipt, the protected defendant is not liable or accountable for the victim trust fund or liable for the application, distribution or appropriation of the victim trust fund.\n(sec.319Q-ssec.3) The public trustee must give a copy of the receipt to the chief executive at the same time the public trustee gives the protected defendant the receipt.","sortOrder":551},{"sectionNumber":"sec.319R","sectionType":"section","heading":"Relevant money to form a separate victim trust fund","content":"### sec.319R Relevant money to form a separate victim trust fund\n\nIf relevant money is awarded in relation to a person more than once, each award forms a separate victim trust fund.\nThis part must be complied with for each of the victim trust funds.\nIf relevant money is awarded in relation to a person on 1 January and 1 October, the relevant money awarded on each occasion forms a separate victim trust fund. The notification requirements under section 319T must be complied with for each of the funds.\ns 319R ins 2008 No. 53 s 4\n(sec.319R-ssec.1) If relevant money is awarded in relation to a person more than once, each award forms a separate victim trust fund.\n(sec.319R-ssec.2) This part must be complied with for each of the victim trust funds. If relevant money is awarded in relation to a person on 1 January and 1 October, the relevant money awarded on each occasion forms a separate victim trust fund. The notification requirements under section 319T must be complied with for each of the funds.","sortOrder":552},{"sectionNumber":"ch.6-pt.12B-div.4","sectionType":"division","heading":"Distribution of victim trust fund","content":"## Distribution of victim trust fund","sortOrder":553},{"sectionNumber":"sec.319S","sectionType":"section","heading":"What is a victim claim","content":"### sec.319S What is a victim claim\n\nA person has a claim (a victim claim ) against someone else (the relevant person ) if the person has a cause of action against the relevant person for an injury to the person caused by the conduct of the relevant person that, on the balance of probabilities, constitutes an offence.\nSubsection (1) applies—\nwhether or not the relevant person is prosecuted for, or convicted of, an offence in relation to the conduct; and\neven if the relevant person is found to have been suffering from unsoundness of mind in relation to the conduct, or unfit for trial, under the Mental Health Act 2016 , chapter 5 , part 3 .\nIn this section—\ninjury includes fatal injury.\nSee the Succession Act 1981 , section 66 (Survival of actions).\ns 319S ins 2008 No. 53 s 4\namd 2016 No. 5 s 923 sch 4\n(sec.319S-ssec.1) A person has a claim (a victim claim ) against someone else (the relevant person ) if the person has a cause of action against the relevant person for an injury to the person caused by the conduct of the relevant person that, on the balance of probabilities, constitutes an offence.\n(sec.319S-ssec.2) Subsection (1) applies— whether or not the relevant person is prosecuted for, or convicted of, an offence in relation to the conduct; and even if the relevant person is found to have been suffering from unsoundness of mind in relation to the conduct, or unfit for trial, under the Mental Health Act 2016 , chapter 5 , part 3 .\n(sec.319S-ssec.3) In this section— injury includes fatal injury. See the Succession Act 1981 , section 66 (Survival of actions).\n- (a) whether or not the relevant person is prosecuted for, or convicted of, an offence in relation to the conduct; and\n- (b) even if the relevant person is found to have been suffering from unsoundness of mind in relation to the conduct, or unfit for trial, under the Mental Health Act 2016 , chapter 5 , part 3 .","sortOrder":554},{"sectionNumber":"sec.319T","sectionType":"section","heading":"Notice to potential claimants","content":"### sec.319T Notice to potential claimants\n\nThe chief executive must, within 1 month after receiving the copy of the receipt mentioned in section 319Q (3) , give each potential claimant a written notice stating—\nthe name of the person in relation to whom relevant money has been awarded (the relevant person ); and\nthat there is a victim trust fund; and\nthat the potential claimant may have a victim claim against the relevant person and that the victim claim may be payable from the victim trust fund; and\nthe period within which the potential claimant must start a proceeding in a court on a victim claim to have an eligible victim claim against the relevant person; and\nthe other steps the potential claimant must take for the potential claimant to have an eligible victim claim against the relevant person.\nThe chief executive is taken to have complied with subsection (1) if the chief executive—\ngives a written notice to each potential claimant at the address of the potential claimant last known to the chief executive; or\npublishes a notice in the gazette containing the information mentioned in subsection (1) .\ns 319T ins 2008 No. 53 s 4\n(sec.319T-ssec.1) The chief executive must, within 1 month after receiving the copy of the receipt mentioned in section 319Q (3) , give each potential claimant a written notice stating— the name of the person in relation to whom relevant money has been awarded (the relevant person ); and that there is a victim trust fund; and that the potential claimant may have a victim claim against the relevant person and that the victim claim may be payable from the victim trust fund; and the period within which the potential claimant must start a proceeding in a court on a victim claim to have an eligible victim claim against the relevant person; and the other steps the potential claimant must take for the potential claimant to have an eligible victim claim against the relevant person.\n(sec.319T-ssec.2) The chief executive is taken to have complied with subsection (1) if the chief executive— gives a written notice to each potential claimant at the address of the potential claimant last known to the chief executive; or publishes a notice in the gazette containing the information mentioned in subsection (1) .\n- (a) the name of the person in relation to whom relevant money has been awarded (the relevant person ); and\n- (b) that there is a victim trust fund; and\n- (c) that the potential claimant may have a victim claim against the relevant person and that the victim claim may be payable from the victim trust fund; and\n- (d) the period within which the potential claimant must start a proceeding in a court on a victim claim to have an eligible victim claim against the relevant person; and\n- (e) the other steps the potential claimant must take for the potential claimant to have an eligible victim claim against the relevant person.\n- (a) gives a written notice to each potential claimant at the address of the potential claimant last known to the chief executive; or\n- (b) publishes a notice in the gazette containing the information mentioned in subsection (1) .","sortOrder":555},{"sectionNumber":"sec.319U","sectionType":"section","heading":"Identification of potential claimants","content":"### sec.319U Identification of potential claimants\n\nThe chief executive may consult with the following persons for the purpose of identifying potential claimants for a victim trust fund—\nthe commissioner of the police service;\nthe director of public prosecutions;\nthe chief executive of the department in which the Victims of Crime Assistance Act is administered.\nThe disclosure of information by the director of public prosecutions for the purpose mentioned in subsection (1) is a disclosure under an Act for the Director of Public Prosecutions Act 1984 , section 24A .\nThe disclosure of information by the commissioner of the police service for the purpose mentioned in subsection (1) is an authorised or permitted disclosure under an Act for the Police Service Administration Act 1990 , section 10 .1.\nThe disclosure of information by the chief executive of the department in which the Victims of Crime Assistance Act is administered for the purpose mentioned in subsection (1) is authorised despite any other Act or law.\nIf the chief executive is satisfied there are no potential claimants for a victim trust fund, the chief executive must, as soon as reasonably practicable after being so satisfied, give written notice of that fact to the public trustee.\ns 319U ins 2008 No. 53 s 4\namd 2009 No. 35 s 198\n(sec.319U-ssec.1) The chief executive may consult with the following persons for the purpose of identifying potential claimants for a victim trust fund— the commissioner of the police service; the director of public prosecutions; the chief executive of the department in which the Victims of Crime Assistance Act is administered.\n(sec.319U-ssec.2) The disclosure of information by the director of public prosecutions for the purpose mentioned in subsection (1) is a disclosure under an Act for the Director of Public Prosecutions Act 1984 , section 24A .\n(sec.319U-ssec.3) The disclosure of information by the commissioner of the police service for the purpose mentioned in subsection (1) is an authorised or permitted disclosure under an Act for the Police Service Administration Act 1990 , section 10 .1.\n(sec.319U-ssec.4) The disclosure of information by the chief executive of the department in which the Victims of Crime Assistance Act is administered for the purpose mentioned in subsection (1) is authorised despite any other Act or law.\n(sec.319U-ssec.5) If the chief executive is satisfied there are no potential claimants for a victim trust fund, the chief executive must, as soon as reasonably practicable after being so satisfied, give written notice of that fact to the public trustee.\n- (a) the commissioner of the police service;\n- (b) the director of public prosecutions;\n- (c) the chief executive of the department in which the Victims of Crime Assistance Act is administered.","sortOrder":556},{"sectionNumber":"sec.319V","sectionType":"section","heading":"Giving of information to potential claimants","content":"### sec.319V Giving of information to potential claimants\n\nThe chief executive must, in response to a request made by a potential claimant and as soon as reasonably practicable after the request is received, give the potential claimant the information the chief executive is reasonably able to give about—\nthe relevant award; and\nthe amount of the victim trust fund; and\nany other victim claims against the person in relation to whom the relevant money was awarded that may be payable from the victim trust fund and of which the chief executive has been given notice under section 319X (5) .\nThe giving of information under subsection (1) —\nis allowed despite an agreement to which the protected defendant liable to pay the relevant award is a party that would otherwise prohibit or restrict the disclosure of information about the relevant award; and\nis not a contravention of the agreement.\nHowever, the giving of information under subsection (1) must not include the giving of someone else’s personal information, unless that person has given written consent to its giving.\nA potential claimant to whom information is given under subsection (1) must not disclose the information to someone else other than—\nfor the purpose of obtaining legal advice or representation, or for a proceeding, relating to a victim claim by the potential claimant against the person in relation to whom the relevant money was awarded; or\nas required by law; or\nfor information that is personal information of someone else—with the consent of that person.\nMaximum penalty—50 penalty units.\nIn this section—\npersonal information , of a person, means the person’s name and address, or other information that may identify the person.\ns 319V ins 2008 No. 53 s 4\n(sec.319V-ssec.1) The chief executive must, in response to a request made by a potential claimant and as soon as reasonably practicable after the request is received, give the potential claimant the information the chief executive is reasonably able to give about— the relevant award; and the amount of the victim trust fund; and any other victim claims against the person in relation to whom the relevant money was awarded that may be payable from the victim trust fund and of which the chief executive has been given notice under section 319X (5) .\n(sec.319V-ssec.2) The giving of information under subsection (1) — is allowed despite an agreement to which the protected defendant liable to pay the relevant award is a party that would otherwise prohibit or restrict the disclosure of information about the relevant award; and is not a contravention of the agreement.\n(sec.319V-ssec.3) However, the giving of information under subsection (1) must not include the giving of someone else’s personal information, unless that person has given written consent to its giving.\n(sec.319V-ssec.4) A potential claimant to whom information is given under subsection (1) must not disclose the information to someone else other than— for the purpose of obtaining legal advice or representation, or for a proceeding, relating to a victim claim by the potential claimant against the person in relation to whom the relevant money was awarded; or as required by law; or for information that is personal information of someone else—with the consent of that person. Maximum penalty—50 penalty units.\n(sec.319V-ssec.5) In this section— personal information , of a person, means the person’s name and address, or other information that may identify the person.\n- (a) the relevant award; and\n- (b) the amount of the victim trust fund; and\n- (c) any other victim claims against the person in relation to whom the relevant money was awarded that may be payable from the victim trust fund and of which the chief executive has been given notice under section 319X (5) .\n- (a) is allowed despite an agreement to which the protected defendant liable to pay the relevant award is a party that would otherwise prohibit or restrict the disclosure of information about the relevant award; and\n- (b) is not a contravention of the agreement.\n- (a) for the purpose of obtaining legal advice or representation, or for a proceeding, relating to a victim claim by the potential claimant against the person in relation to whom the relevant money was awarded; or\n- (b) as required by law; or\n- (c) for information that is personal information of someone else—with the consent of that person.","sortOrder":557},{"sectionNumber":"sec.319W","sectionType":"section","heading":"Starting of victim claims proceedings despite expiry of limitation period","content":"### sec.319W Starting of victim claims proceedings despite expiry of limitation period\n\nIf relevant money is awarded in relation to a person (the relevant person ), an action on a victim claim against the relevant person may be brought by a potential claimant—\nby a proceeding started within 6 months after the chief executive gives the written notice as mentioned in section 319T (1) ; and\ndespite the Limitation of Actions Act 1974 , section 11 .\nSee section 478E about the application of this part to civil wrongs committed before the commencement of that section.\nHowever, an award of damages in a proceeding brought under this section—\nhas effect only to allow the payment under section 319Y of all or part of those damages out of the victim trust fund; and\ncan not otherwise be enforced against the relevant person or the relevant person’s property.\ns 319W ins 2008 No. 53 s 4\n(sec.319W-ssec.1) If relevant money is awarded in relation to a person (the relevant person ), an action on a victim claim against the relevant person may be brought by a potential claimant— by a proceeding started within 6 months after the chief executive gives the written notice as mentioned in section 319T (1) ; and despite the Limitation of Actions Act 1974 , section 11 . See section 478E about the application of this part to civil wrongs committed before the commencement of that section.\n(sec.319W-ssec.2) However, an award of damages in a proceeding brought under this section— has effect only to allow the payment under section 319Y of all or part of those damages out of the victim trust fund; and can not otherwise be enforced against the relevant person or the relevant person’s property.\n- (a) by a proceeding started within 6 months after the chief executive gives the written notice as mentioned in section 319T (1) ; and\n- (b) despite the Limitation of Actions Act 1974 , section 11 .\n- (a) has effect only to allow the payment under section 319Y of all or part of those damages out of the victim trust fund; and\n- (b) can not otherwise be enforced against the relevant person or the relevant person’s property.","sortOrder":558},{"sectionNumber":"sec.319X","sectionType":"section","heading":"Notifying victim claims","content":"### sec.319X Notifying victim claims\n\nThis section applies if a person has a victim claim against someone else in relation to whom relevant money was awarded (the relevant person ) and the person either—\nstarted a proceeding in a court on the claim against the relevant person before the award was made; or\nThe person started a proceeding in a court on a claim for personal injury against an offender 5 years before the award of offender money in relation to the offender.\nstarts a proceeding in a court on the claim against the relevant person within 6 months after the chief executive gives a written notice as mentioned in section 319T (1) .\nThe person may notify the public trustee of the victim claim by giving the public trustee—\nwritten notice of the proceeding within 6 months after the chief executive gives a written notice as mentioned in section 319T (1) ; and\nthe further details of the proceeding or any award of damages made in relation to the victim claim, if any, that are reasonably requested by the public trustee to enable the public trustee to perform its functions under this part.\nA victim claim notified to the public trustee as mentioned in subsection (2) is an eligible victim claim .\nThe public trustee may reject a victim claim if the person fails to comply with a request for further details under subsection (2) (b) without reasonable excuse.\nThe public trustee must give a copy of the written notice or the further details received under subsection (2) to the chief executive within 14 days after receiving the notice or the details.\nIn this section—\nwritten notice , of a proceeding, means—\na certified copy of the notice given under the Personal Injuries Proceedings Act 2002 , section 9 for the proceeding; or\nother written evidence of the proceeding that satisfies the public trustee that the proceeding has been started.\ns 319X ins 2008 No. 53 s 4\n(sec.319X-ssec.1) This section applies if a person has a victim claim against someone else in relation to whom relevant money was awarded (the relevant person ) and the person either— started a proceeding in a court on the claim against the relevant person before the award was made; or The person started a proceeding in a court on a claim for personal injury against an offender 5 years before the award of offender money in relation to the offender. starts a proceeding in a court on the claim against the relevant person within 6 months after the chief executive gives a written notice as mentioned in section 319T (1) .\n(sec.319X-ssec.2) The person may notify the public trustee of the victim claim by giving the public trustee— written notice of the proceeding within 6 months after the chief executive gives a written notice as mentioned in section 319T (1) ; and the further details of the proceeding or any award of damages made in relation to the victim claim, if any, that are reasonably requested by the public trustee to enable the public trustee to perform its functions under this part.\n(sec.319X-ssec.3) A victim claim notified to the public trustee as mentioned in subsection (2) is an eligible victim claim .\n(sec.319X-ssec.4) The public trustee may reject a victim claim if the person fails to comply with a request for further details under subsection (2) (b) without reasonable excuse.\n(sec.319X-ssec.5) The public trustee must give a copy of the written notice or the further details received under subsection (2) to the chief executive within 14 days after receiving the notice or the details.\n(sec.319X-ssec.6) In this section— written notice , of a proceeding, means— a certified copy of the notice given under the Personal Injuries Proceedings Act 2002 , section 9 for the proceeding; or other written evidence of the proceeding that satisfies the public trustee that the proceeding has been started.\n- (a) started a proceeding in a court on the claim against the relevant person before the award was made; or Example for paragraph (a) — The person started a proceeding in a court on a claim for personal injury against an offender 5 years before the award of offender money in relation to the offender.\n- (b) starts a proceeding in a court on the claim against the relevant person within 6 months after the chief executive gives a written notice as mentioned in section 319T (1) .\n- (a) written notice of the proceeding within 6 months after the chief executive gives a written notice as mentioned in section 319T (1) ; and\n- (b) the further details of the proceeding or any award of damages made in relation to the victim claim, if any, that are reasonably requested by the public trustee to enable the public trustee to perform its functions under this part.\n- (a) a certified copy of the notice given under the Personal Injuries Proceedings Act 2002 , section 9 for the proceeding; or\n- (b) other written evidence of the proceeding that satisfies the public trustee that the proceeding has been started.","sortOrder":559},{"sectionNumber":"sec.319Y","sectionType":"section","heading":"Payment of eligible victim claims from victim trust fund","content":"### sec.319Y Payment of eligible victim claims from victim trust fund\n\nThe public trustee must pay from a victim trust fund any award on an eligible victim claim against the person in relation to whom the relevant award was made (the relevant person ).\nSee also section 319ZK .\nThe payment must be made as soon as practicable after all proceedings on eligible victim claims against the relevant person started before the cut-off day have been finally decided.\nFor subsection (2) , a proceeding on an eligible victim claim against the relevant person is taken to have been finally decided if the public trustee is satisfied that—\nthe period for appealing against a decision awarding damages made by a court in the proceeding has ended and no appeal has been made; or\nall appeals against a decision awarding damages made by a court in the proceeding have been withdrawn or finally decided; or\nno step has been taken in the proceeding for 1 year from when the last step was taken in the proceeding; or\nthe proceeding has been discontinued.\nIf the amount of the victim trust fund is not enough to pay all of the awards on eligible victim claims against the relevant person, the public trustee must pay each award proportionately.\nSubject to an Act providing for the holding of moneys on trust for a person under a legal disability, the payments must be made—\nto the person named in the award; and\nto the extent that the award has not been satisfied by someone else.\nAn award on an eligible victim claim against the relevant person, to the extent of any payment of the award under this section—\nis discharged; and\ncan not be enforced against the relevant person or any other person.\nIn this section—\naward , on an eligible victim claim against a relevant person, means—\nan award of damages, that has been finally decided, to a person by a court in a proceeding on the eligible victim claim by the person against the relevant person; or\nan award of damages to a person under an agreement between the person and the relevant person relating to an eligible victim claim by the person against the relevant person.\ncut-off day , for starting a proceeding on an eligible victim claim against the relevant person, means the day after the last day on which a proceeding may be started for section 319X (1) (b) .\ns 319Y ins 2008 No. 53 s 4\n(sec.319Y-ssec.1) The public trustee must pay from a victim trust fund any award on an eligible victim claim against the person in relation to whom the relevant award was made (the relevant person ). See also section 319ZK .\n(sec.319Y-ssec.2) The payment must be made as soon as practicable after all proceedings on eligible victim claims against the relevant person started before the cut-off day have been finally decided.\n(sec.319Y-ssec.3) For subsection (2) , a proceeding on an eligible victim claim against the relevant person is taken to have been finally decided if the public trustee is satisfied that— the period for appealing against a decision awarding damages made by a court in the proceeding has ended and no appeal has been made; or all appeals against a decision awarding damages made by a court in the proceeding have been withdrawn or finally decided; or no step has been taken in the proceeding for 1 year from when the last step was taken in the proceeding; or the proceeding has been discontinued.\n(sec.319Y-ssec.4) If the amount of the victim trust fund is not enough to pay all of the awards on eligible victim claims against the relevant person, the public trustee must pay each award proportionately.\n(sec.319Y-ssec.5) Subject to an Act providing for the holding of moneys on trust for a person under a legal disability, the payments must be made— to the person named in the award; and to the extent that the award has not been satisfied by someone else.\n(sec.319Y-ssec.6) An award on an eligible victim claim against the relevant person, to the extent of any payment of the award under this section— is discharged; and can not be enforced against the relevant person or any other person.\n(sec.319Y-ssec.7) In this section— award , on an eligible victim claim against a relevant person, means— an award of damages, that has been finally decided, to a person by a court in a proceeding on the eligible victim claim by the person against the relevant person; or an award of damages to a person under an agreement between the person and the relevant person relating to an eligible victim claim by the person against the relevant person. cut-off day , for starting a proceeding on an eligible victim claim against the relevant person, means the day after the last day on which a proceeding may be started for section 319X (1) (b) .\n- (a) the period for appealing against a decision awarding damages made by a court in the proceeding has ended and no appeal has been made; or\n- (b) all appeals against a decision awarding damages made by a court in the proceeding have been withdrawn or finally decided; or\n- (c) no step has been taken in the proceeding for 1 year from when the last step was taken in the proceeding; or\n- (d) the proceeding has been discontinued.\n- (a) to the person named in the award; and\n- (b) to the extent that the award has not been satisfied by someone else.\n- (a) is discharged; and\n- (b) can not be enforced against the relevant person or any other person.\n- (a) an award of damages, that has been finally decided, to a person by a court in a proceeding on the eligible victim claim by the person against the relevant person; or\n- (b) an award of damages to a person under an agreement between the person and the relevant person relating to an eligible victim claim by the person against the relevant person.","sortOrder":560},{"sectionNumber":"sec.319Z","sectionType":"section","heading":"What is an entity claim","content":"### sec.319Z What is an entity claim\n\nThe chief executive of the department in which the Victims of Crime Assistance Act is administered has, for the State, a claim (an entity claim ) against a person in relation to whom relevant money is awarded (the relevant person ) if—\nthe State has paid an amount under—\nthe repealed Criminal Offence Victims Act , section 32 , for a compensation order made, under section 24 of that Act, against the relevant person; or\nthe repealed Criminal Offence Victims Act , section 33 , in relation to an act committed by the relevant person; or\nthe repealed Criminal Offence Victims Act , section 34 , in relation to—\nan arrest, or attempted arrest, of the relevant person; or\na prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or\nthe repealed Criminal Offence Victims Act , section 35 , for an offence of murder or manslaughter committed by the relevant person; or\nthe Criminal Code , repealed chapter 65A , section 663C , in relation to an indictable offence committed by the relevant person; or\nthe Criminal Code , repealed chapter 65A , section 663D , in relation to—\nan arrest, or attempted arrest, of the relevant person; or\na prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or\nan act or omission of the relevant person; or\nan indictable offence allegedly committed by the relevant person; and\nthe State has not recovered the amount in full from any person.\nIn subsection (1) —\na reference to the repealed Criminal Offence Victims Act is a reference to the Criminal Offence Victims Act 1995 , as in force from time to time before its repeal, and includes that Act as it continues to apply under the Victims of Crime Assistance Act , chapter 6 , part 2 ; and\na reference to the Criminal Code , repealed chapter 65A is a reference to the Criminal Code , chapter 65A , as in force from time to time before its repeal, and includes that chapter as it continued to apply under the repealed Criminal Offence Victims Act 1995 , section 46 (2) or continues to apply under the Victims of Crime Assistance Act , chapter 6 , part 2 .\nThe chief executive of the department in which the Victims of Crime Assistance Act is administered has, for the State, a claim ( entity claim ) against a person in relation to whom relevant money is awarded (the relevant person ) if—\nan amount is payable by the relevant person to the State under the Victims of Crime Assistance Act , section 117 (4) ; and\nthe State has not recovered the amount in full from any person.\nThe SPER registrar has a claim (also an entity claim ) against a person in relation to whom relevant money is awarded (the relevant person ) if—\nan amount is payable by the relevant person to SPER under the State Penalties Enforcement Act 1999 or another Act; and\nSPER has not recovered the amount in full from any person.\nThe child support registrar has a claim (also an entity claim ) against a person in relation to whom relevant money is awarded (the relevant person ) if—\nthe relevant person owes a child support debt to the Commonwealth; and\nthe Commonwealth has not recovered the debt in full from any person.\nIn this section—\nchild support debt means—\nan amount that is a debt due to the Commonwealth under the Child Support (Registration and Collection) Act 1988 (Cwlth) , section 30 ; or\nany amount payable as a penalty on an amount mentioned in paragraph (a) under the Child Support (Registration and Collection) Act 1988 (Cwlth) , section 67 .\nThe chief executive of the department in which the Victims of Crime Assistance Act is administered, the SPER registrar and the child support registrar are all collection entities for this part. See section 319J .\ns 319Z ins 2008 No. 53 s 4\namd 2009 No. 35 s 199\n(sec.319Z-ssec.1) The chief executive of the department in which the Victims of Crime Assistance Act is administered has, for the State, a claim (an entity claim ) against a person in relation to whom relevant money is awarded (the relevant person ) if— the State has paid an amount under— the repealed Criminal Offence Victims Act , section 32 , for a compensation order made, under section 24 of that Act, against the relevant person; or the repealed Criminal Offence Victims Act , section 33 , in relation to an act committed by the relevant person; or the repealed Criminal Offence Victims Act , section 34 , in relation to— an arrest, or attempted arrest, of the relevant person; or a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or the repealed Criminal Offence Victims Act , section 35 , for an offence of murder or manslaughter committed by the relevant person; or the Criminal Code , repealed chapter 65A , section 663C , in relation to an indictable offence committed by the relevant person; or the Criminal Code , repealed chapter 65A , section 663D , in relation to— an arrest, or attempted arrest, of the relevant person; or a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or an act or omission of the relevant person; or an indictable offence allegedly committed by the relevant person; and the State has not recovered the amount in full from any person.\n(sec.319Z-ssec.1A) In subsection (1) — a reference to the repealed Criminal Offence Victims Act is a reference to the Criminal Offence Victims Act 1995 , as in force from time to time before its repeal, and includes that Act as it continues to apply under the Victims of Crime Assistance Act , chapter 6 , part 2 ; and a reference to the Criminal Code , repealed chapter 65A is a reference to the Criminal Code , chapter 65A , as in force from time to time before its repeal, and includes that chapter as it continued to apply under the repealed Criminal Offence Victims Act 1995 , section 46 (2) or continues to apply under the Victims of Crime Assistance Act , chapter 6 , part 2 .\n(sec.319Z-ssec.1B) The chief executive of the department in which the Victims of Crime Assistance Act is administered has, for the State, a claim ( entity claim ) against a person in relation to whom relevant money is awarded (the relevant person ) if— an amount is payable by the relevant person to the State under the Victims of Crime Assistance Act , section 117 (4) ; and the State has not recovered the amount in full from any person.\n(sec.319Z-ssec.2) The SPER registrar has a claim (also an entity claim ) against a person in relation to whom relevant money is awarded (the relevant person ) if— an amount is payable by the relevant person to SPER under the State Penalties Enforcement Act 1999 or another Act; and SPER has not recovered the amount in full from any person.\n(sec.319Z-ssec.3) The child support registrar has a claim (also an entity claim ) against a person in relation to whom relevant money is awarded (the relevant person ) if— the relevant person owes a child support debt to the Commonwealth; and the Commonwealth has not recovered the debt in full from any person.\n(sec.319Z-ssec.4) In this section— child support debt means— an amount that is a debt due to the Commonwealth under the Child Support (Registration and Collection) Act 1988 (Cwlth) , section 30 ; or any amount payable as a penalty on an amount mentioned in paragraph (a) under the Child Support (Registration and Collection) Act 1988 (Cwlth) , section 67 . The chief executive of the department in which the Victims of Crime Assistance Act is administered, the SPER registrar and the child support registrar are all collection entities for this part. See section 319J .\n- (a) the State has paid an amount under— (i) the repealed Criminal Offence Victims Act , section 32 , for a compensation order made, under section 24 of that Act, against the relevant person; or (ii) the repealed Criminal Offence Victims Act , section 33 , in relation to an act committed by the relevant person; or (iii) the repealed Criminal Offence Victims Act , section 34 , in relation to— (A) an arrest, or attempted arrest, of the relevant person; or (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or (iv) the repealed Criminal Offence Victims Act , section 35 , for an offence of murder or manslaughter committed by the relevant person; or (v) the Criminal Code , repealed chapter 65A , section 663C , in relation to an indictable offence committed by the relevant person; or (vi) the Criminal Code , repealed chapter 65A , section 663D , in relation to— (A) an arrest, or attempted arrest, of the relevant person; or (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or (C) an act or omission of the relevant person; or (D) an indictable offence allegedly committed by the relevant person; and\n- (i) the repealed Criminal Offence Victims Act , section 32 , for a compensation order made, under section 24 of that Act, against the relevant person; or\n- (ii) the repealed Criminal Offence Victims Act , section 33 , in relation to an act committed by the relevant person; or\n- (iii) the repealed Criminal Offence Victims Act , section 34 , in relation to— (A) an arrest, or attempted arrest, of the relevant person; or (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or\n- (A) an arrest, or attempted arrest, of the relevant person; or\n- (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or\n- (iv) the repealed Criminal Offence Victims Act , section 35 , for an offence of murder or manslaughter committed by the relevant person; or\n- (v) the Criminal Code , repealed chapter 65A , section 663C , in relation to an indictable offence committed by the relevant person; or\n- (vi) the Criminal Code , repealed chapter 65A , section 663D , in relation to— (A) an arrest, or attempted arrest, of the relevant person; or (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or (C) an act or omission of the relevant person; or (D) an indictable offence allegedly committed by the relevant person; and\n- (A) an arrest, or attempted arrest, of the relevant person; or\n- (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or\n- (C) an act or omission of the relevant person; or\n- (D) an indictable offence allegedly committed by the relevant person; and\n- (b) the State has not recovered the amount in full from any person.\n- (i) the repealed Criminal Offence Victims Act , section 32 , for a compensation order made, under section 24 of that Act, against the relevant person; or\n- (ii) the repealed Criminal Offence Victims Act , section 33 , in relation to an act committed by the relevant person; or\n- (iii) the repealed Criminal Offence Victims Act , section 34 , in relation to— (A) an arrest, or attempted arrest, of the relevant person; or (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or\n- (A) an arrest, or attempted arrest, of the relevant person; or\n- (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or\n- (iv) the repealed Criminal Offence Victims Act , section 35 , for an offence of murder or manslaughter committed by the relevant person; or\n- (v) the Criminal Code , repealed chapter 65A , section 663C , in relation to an indictable offence committed by the relevant person; or\n- (vi) the Criminal Code , repealed chapter 65A , section 663D , in relation to— (A) an arrest, or attempted arrest, of the relevant person; or (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or (C) an act or omission of the relevant person; or (D) an indictable offence allegedly committed by the relevant person; and\n- (A) an arrest, or attempted arrest, of the relevant person; or\n- (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or\n- (C) an act or omission of the relevant person; or\n- (D) an indictable offence allegedly committed by the relevant person; and\n- (A) an arrest, or attempted arrest, of the relevant person; or\n- (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or\n- (A) an arrest, or attempted arrest, of the relevant person; or\n- (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or\n- (C) an act or omission of the relevant person; or\n- (D) an indictable offence allegedly committed by the relevant person; and\n- (a) a reference to the repealed Criminal Offence Victims Act is a reference to the Criminal Offence Victims Act 1995 , as in force from time to time before its repeal, and includes that Act as it continues to apply under the Victims of Crime Assistance Act , chapter 6 , part 2 ; and\n- (b) a reference to the Criminal Code , repealed chapter 65A is a reference to the Criminal Code , chapter 65A , as in force from time to time before its repeal, and includes that chapter as it continued to apply under the repealed Criminal Offence Victims Act 1995 , section 46 (2) or continues to apply under the Victims of Crime Assistance Act , chapter 6 , part 2 .\n- (a) an amount is payable by the relevant person to the State under the Victims of Crime Assistance Act , section 117 (4) ; and\n- (b) the State has not recovered the amount in full from any person.\n- (a) an amount is payable by the relevant person to SPER under the State Penalties Enforcement Act 1999 or another Act; and\n- (b) SPER has not recovered the amount in full from any person.\n- (a) the relevant person owes a child support debt to the Commonwealth; and\n- (b) the Commonwealth has not recovered the debt in full from any person.\n- (a) an amount that is a debt due to the Commonwealth under the Child Support (Registration and Collection) Act 1988 (Cwlth) , section 30 ; or\n- (b) any amount payable as a penalty on an amount mentioned in paragraph (a) under the Child Support (Registration and Collection) Act 1988 (Cwlth) , section 67 .","sortOrder":561},{"sectionNumber":"sec.319ZA","sectionType":"section","heading":"Notice to collection entities of establishment of victim trust fund","content":"### sec.319ZA Notice to collection entities of establishment of victim trust fund\n\nThe chief executive must, within 1 month after relevant money is awarded in relation to a person (the relevant person ), give each collection entity a written notice stating—\nthe name of the relevant person; and\nthat there is a victim trust fund; and\nthat the collection entity may have an entity claim against the relevant person and that the claim may be payable from the victim trust fund; and\nthat the public trustee will notify the collection entity under section 319ZB if there is an amount left in the victim trust fund available for paying eligible entity claims.\ns 319ZA ins 2008 No. 53 s 4\n- (a) the name of the relevant person; and\n- (b) that there is a victim trust fund; and\n- (c) that the collection entity may have an entity claim against the relevant person and that the claim may be payable from the victim trust fund; and\n- (d) that the public trustee will notify the collection entity under section 319ZB if there is an amount left in the victim trust fund available for paying eligible entity claims.","sortOrder":562},{"sectionNumber":"sec.319ZB","sectionType":"section","heading":"Notice to collection entities if amount left in victim trust fund","content":"### sec.319ZB Notice to collection entities if amount left in victim trust fund\n\nThe public trustee must work out the amount, if any, left in a victim trust fund that is available under section 319ZD for paying eligible entity claims at the following time—\ngenerally—within 1 month after paying under section 319Y all awards made on eligible victim claims;\nif the public trustee has received a notice from the chief executive under section 319U (5) —within 1 month after receiving the notice.\nIf there is an amount left in the victim trust fund that is available under section 319ZD for paying eligible entity claims, the public trustee must, within 1 month after working out the amount, give each collection entity a written notice stating—\nthe name of the person in relation to whom relevant money was awarded (the relevant person ); and\nthe amount left in the victim trust fund; and\nthat the collection entity may have an entity claim against the relevant person and that the claim may be payable from the victim trust fund; and\nthe period within which the collection entity must notify an amount of an entity claim to the public trustee to have an eligible entity claim against the relevant person; and\nthe other steps the collection entity must take for the collection entity to have an eligible entity claim against the relevant person.\ns 319ZB ins 2008 No. 53 s 4\n(sec.319ZB-ssec.1) The public trustee must work out the amount, if any, left in a victim trust fund that is available under section 319ZD for paying eligible entity claims at the following time— generally—within 1 month after paying under section 319Y all awards made on eligible victim claims; if the public trustee has received a notice from the chief executive under section 319U (5) —within 1 month after receiving the notice.\n(sec.319ZB-ssec.2) If there is an amount left in the victim trust fund that is available under section 319ZD for paying eligible entity claims, the public trustee must, within 1 month after working out the amount, give each collection entity a written notice stating— the name of the person in relation to whom relevant money was awarded (the relevant person ); and the amount left in the victim trust fund; and that the collection entity may have an entity claim against the relevant person and that the claim may be payable from the victim trust fund; and the period within which the collection entity must notify an amount of an entity claim to the public trustee to have an eligible entity claim against the relevant person; and the other steps the collection entity must take for the collection entity to have an eligible entity claim against the relevant person.\n- (a) generally—within 1 month after paying under section 319Y all awards made on eligible victim claims;\n- (b) if the public trustee has received a notice from the chief executive under section 319U (5) —within 1 month after receiving the notice.\n- (a) the name of the person in relation to whom relevant money was awarded (the relevant person ); and\n- (b) the amount left in the victim trust fund; and\n- (c) that the collection entity may have an entity claim against the relevant person and that the claim may be payable from the victim trust fund; and\n- (d) the period within which the collection entity must notify an amount of an entity claim to the public trustee to have an eligible entity claim against the relevant person; and\n- (e) the other steps the collection entity must take for the collection entity to have an eligible entity claim against the relevant person.","sortOrder":563},{"sectionNumber":"sec.319ZC","sectionType":"section","heading":"Notifying entity claims","content":"### sec.319ZC Notifying entity claims\n\nThis section applies if a collection entity has an entity claim against a person in relation to whom relevant money was awarded (the relevant person ).\nThe collection entity may notify the public trustee of the entity claim by giving the public trustee—\nwritten notice of the amount of the entity claim within 1 month after the collection entity is notified under section 319ZB (2) ; and\nevidence of the entity claim that reasonably satisfies the public trustee that—\nthe relevant person is liable for the entity claim; and\nthe amount notified is accurate.\nAn entity claim notified to the public trustee as mentioned in subsection (2) is an eligible entity claim .\nThe public trustee may reject an entity claim if the collection entity fails to comply with a request for evidence under subsection (2) (b) without reasonable excuse.\nThe public trustee must give a copy of the written notice or the evidence received under subsection (2) to the chief executive within 14 days after receiving the notice or the evidence.\ns 319ZC ins 2008 No. 53 s 4\namd 2009 No. 30 s 3 sch\n(sec.319ZC-ssec.1) This section applies if a collection entity has an entity claim against a person in relation to whom relevant money was awarded (the relevant person ).\n(sec.319ZC-ssec.2) The collection entity may notify the public trustee of the entity claim by giving the public trustee— written notice of the amount of the entity claim within 1 month after the collection entity is notified under section 319ZB (2) ; and evidence of the entity claim that reasonably satisfies the public trustee that— the relevant person is liable for the entity claim; and the amount notified is accurate.\n(sec.319ZC-ssec.3) An entity claim notified to the public trustee as mentioned in subsection (2) is an eligible entity claim .\n(sec.319ZC-ssec.4) The public trustee may reject an entity claim if the collection entity fails to comply with a request for evidence under subsection (2) (b) without reasonable excuse.\n(sec.319ZC-ssec.5) The public trustee must give a copy of the written notice or the evidence received under subsection (2) to the chief executive within 14 days after receiving the notice or the evidence.\n- (a) written notice of the amount of the entity claim within 1 month after the collection entity is notified under section 319ZB (2) ; and\n- (b) evidence of the entity claim that reasonably satisfies the public trustee that— (i) the relevant person is liable for the entity claim; and (ii) the amount notified is accurate.\n- (i) the relevant person is liable for the entity claim; and\n- (ii) the amount notified is accurate.\n- (i) the relevant person is liable for the entity claim; and\n- (ii) the amount notified is accurate.","sortOrder":564},{"sectionNumber":"sec.319ZD","sectionType":"section","heading":"Payment of eligible entity claims from victim trust fund","content":"### sec.319ZD Payment of eligible entity claims from victim trust fund\n\nThe public trustee must pay from the amount left in a victim trust fund, after paying under section 319Y all awards made on eligible victim claims in relation to the victim trust fund, the amount of any eligible entity claim against the person in relation to whom relevant money was awarded (the relevant person ).\nSee also section 319ZK .\nThe payment must be made within 3 months after giving notice under section 319ZB (2) .\nThe public trustee must pay the amount of any eligible entity claims in the following order to the extent of the amount left in the victim trust fund—\neligible entity claims notified by the chief executive of the department in which the Victims of Crime Assistance Act is administered;\neligible entity claims notified by the SPER registrar;\neligible entity claims notified by the child support registrar.\nAn eligible entity claim, to the extent of any payment of an amount of the claim under this section—\nis discharged; and\ncan not be enforced against the relevant person or any other person.\ns 319ZD ins 2008 No. 53 s 4\namd 2009 No. 35 s 200\n(sec.319ZD-ssec.1) The public trustee must pay from the amount left in a victim trust fund, after paying under section 319Y all awards made on eligible victim claims in relation to the victim trust fund, the amount of any eligible entity claim against the person in relation to whom relevant money was awarded (the relevant person ). See also section 319ZK .\n(sec.319ZD-ssec.2) The payment must be made within 3 months after giving notice under section 319ZB (2) .\n(sec.319ZD-ssec.3) The public trustee must pay the amount of any eligible entity claims in the following order to the extent of the amount left in the victim trust fund— eligible entity claims notified by the chief executive of the department in which the Victims of Crime Assistance Act is administered; eligible entity claims notified by the SPER registrar; eligible entity claims notified by the child support registrar.\n(sec.319ZD-ssec.4) An eligible entity claim, to the extent of any payment of an amount of the claim under this section— is discharged; and can not be enforced against the relevant person or any other person.\n- (a) eligible entity claims notified by the chief executive of the department in which the Victims of Crime Assistance Act is administered;\n- (b) eligible entity claims notified by the SPER registrar;\n- (c) eligible entity claims notified by the child support registrar.\n- (a) is discharged; and\n- (b) can not be enforced against the relevant person or any other person.","sortOrder":565},{"sectionNumber":"sec.319ZE","sectionType":"section","heading":"Payment to offender of victim trust fund surplus","content":"### sec.319ZE Payment to offender of victim trust fund surplus\n\nThe public trustee must, within 1 month after complying with 319ZD in relation to a victim trust fund, work out the amount, if any, left in the victim trust fund.\nIf there is an amount left in the victim trust fund, the public trustee must, within 1 month after working out the amount—\nif the person in relation to whom the relevant money was awarded is a prisoner—pay the amount to the chief executive for payment into the person’s account in the prisoners trust fund under section 311 ; or\nif the person in relation to whom the relevant money was awarded is not a prisoner—pay the amount to or at the direction of the person.\nSee also section 319ZK .\ns 319ZE ins 2008 No. 53 s 4\n(sec.319ZE-ssec.1) The public trustee must, within 1 month after complying with 319ZD in relation to a victim trust fund, work out the amount, if any, left in the victim trust fund.\n(sec.319ZE-ssec.2) If there is an amount left in the victim trust fund, the public trustee must, within 1 month after working out the amount— if the person in relation to whom the relevant money was awarded is a prisoner—pay the amount to the chief executive for payment into the person’s account in the prisoners trust fund under section 311 ; or if the person in relation to whom the relevant money was awarded is not a prisoner—pay the amount to or at the direction of the person. See also section 319ZK .\n- (a) if the person in relation to whom the relevant money was awarded is a prisoner—pay the amount to the chief executive for payment into the person’s account in the prisoners trust fund under section 311 ; or\n- (b) if the person in relation to whom the relevant money was awarded is not a prisoner—pay the amount to or at the direction of the person. Note— See also section 319ZK .","sortOrder":566},{"sectionNumber":"sec.319ZF","sectionType":"section","heading":"Payment to offender if no victim claims or entity claims against offender","content":"### sec.319ZF Payment to offender if no victim claims or entity claims against offender\n\nThis section applies if the public trustee is not notified under section 319ZC of the amount of any entity claim in relation to a victim trust fund.\nThe public trustee must pay the amount of the victim trust fund to the person in relation to whom the relevant money was awarded within 2 months after giving notice under section 319ZB (2) .\nSee also section 319ZK .\ns 319ZF ins 2008 No. 53 s 4\n(sec.319ZF-ssec.1) This section applies if the public trustee is not notified under section 319ZC of the amount of any entity claim in relation to a victim trust fund.\n(sec.319ZF-ssec.2) The public trustee must pay the amount of the victim trust fund to the person in relation to whom the relevant money was awarded within 2 months after giving notice under section 319ZB (2) . See also section 319ZK .","sortOrder":567},{"sectionNumber":"ch.6-pt.12B-div.5","sectionType":"division","heading":"Amounts not included in victim trust fund","content":"## Amounts not included in victim trust fund","sortOrder":568},{"sectionNumber":"sec.319ZG","sectionType":"section","heading":"Exception for future medical expenses","content":"### sec.319ZG Exception for future medical expenses\n\nDivisions 2 to 4 do not apply to an amount that is identified in an award of relevant money or an agreement about relevant money as being payable by a protected defendant as damages for future medical expenses.\ns 319ZG ins 2008 No. 53 s 4","sortOrder":569},{"sectionNumber":"sec.319ZH","sectionType":"section","heading":"Exception for legal costs","content":"### sec.319ZH Exception for legal costs\n\nDivisions 2 to 4 do not apply to an amount that is payable by a protected defendant as legal costs—\nunder an order for costs made by a court or tribunal against the protected defendant; or\nunder an agreement about relevant money between the protected defendant and the person in relation to whom the relevant money was awarded (the relevant person ); or\nfor an award of relevant money against the protected defendant that is inclusive of costs, that is reasonably attributable to the legal costs of the relevant person.\nThe amount reasonably attributable to the legal costs mentioned in subsection (1) (c) is the reasonable amount—\ndecided by the protected defendant on the basis of a bill for the costs given to the protected defendant by the legal practitioner concerned; and\nnotified by the protected defendant to the relevant person.\nIf the relevant person, by written notice to the protected defendant, disputes the protected defendant’s decision, the protected defendant must apply for the assessment of the costs under the Legal Profession Act 2007 .\nThe assessment must be conducted as if the protected defendant were liable to pay the costs as a result of an order for the payment of an unstated amount of costs made by a court.\nThe costs of the assessment are payable—\nif the amount of costs fixed by the costs assessor is at least 10% more than the amount decided by the protected defendant—by the protected defendant; or\notherwise—from the victim trust fund, in priority to all other payments from the fund.\nIn this section—\nlegal costs means amounts that a person has been or may be charged by, or is or may become liable to pay to, a law practice for the provision of legal services including interest on the amounts, and disbursements and interest on disbursements.\ns 319ZH ins 2008 No. 53 s 4\n(sec.319ZH-ssec.1) Divisions 2 to 4 do not apply to an amount that is payable by a protected defendant as legal costs— under an order for costs made by a court or tribunal against the protected defendant; or under an agreement about relevant money between the protected defendant and the person in relation to whom the relevant money was awarded (the relevant person ); or for an award of relevant money against the protected defendant that is inclusive of costs, that is reasonably attributable to the legal costs of the relevant person.\n(sec.319ZH-ssec.2) The amount reasonably attributable to the legal costs mentioned in subsection (1) (c) is the reasonable amount— decided by the protected defendant on the basis of a bill for the costs given to the protected defendant by the legal practitioner concerned; and notified by the protected defendant to the relevant person.\n(sec.319ZH-ssec.3) If the relevant person, by written notice to the protected defendant, disputes the protected defendant’s decision, the protected defendant must apply for the assessment of the costs under the Legal Profession Act 2007 .\n(sec.319ZH-ssec.4) The assessment must be conducted as if the protected defendant were liable to pay the costs as a result of an order for the payment of an unstated amount of costs made by a court.\n(sec.319ZH-ssec.5) The costs of the assessment are payable— if the amount of costs fixed by the costs assessor is at least 10% more than the amount decided by the protected defendant—by the protected defendant; or otherwise—from the victim trust fund, in priority to all other payments from the fund.\n(sec.319ZH-ssec.6) In this section— legal costs means amounts that a person has been or may be charged by, or is or may become liable to pay to, a law practice for the provision of legal services including interest on the amounts, and disbursements and interest on disbursements.\n- (a) under an order for costs made by a court or tribunal against the protected defendant; or\n- (b) under an agreement about relevant money between the protected defendant and the person in relation to whom the relevant money was awarded (the relevant person ); or\n- (c) for an award of relevant money against the protected defendant that is inclusive of costs, that is reasonably attributable to the legal costs of the relevant person.\n- (a) decided by the protected defendant on the basis of a bill for the costs given to the protected defendant by the legal practitioner concerned; and\n- (b) notified by the protected defendant to the relevant person.\n- (a) if the amount of costs fixed by the costs assessor is at least 10% more than the amount decided by the protected defendant—by the protected defendant; or\n- (b) otherwise—from the victim trust fund, in priority to all other payments from the fund.","sortOrder":570},{"sectionNumber":"sec.319ZI","sectionType":"section","heading":"Orders in relation to relevant money","content":"### sec.319ZI Orders in relation to relevant money\n\nThis section applies if a court or tribunal makes an award of compensation or an award of damages in relation to a person.\nThe court or tribunal must make all necessary orders to ensure that an amount mentioned in section 319ZG or 319ZH is not held in a victim trust fund.\ns 319ZI ins 2008 No. 53 s 4\n(sec.319ZI-ssec.1) This section applies if a court or tribunal makes an award of compensation or an award of damages in relation to a person.\n(sec.319ZI-ssec.2) The court or tribunal must make all necessary orders to ensure that an amount mentioned in section 319ZG or 319ZH is not held in a victim trust fund.","sortOrder":571},{"sectionNumber":"sec.319ZJ","sectionType":"section","heading":"Agreements in relation to relevant money","content":"### sec.319ZJ Agreements in relation to relevant money\n\nThis section applies if a protected defendant enters into an agreement about relevant money with the person in relation to whom the relevant money was awarded.\nThe agreement contains an implied term that an amount mentioned in section 319ZG or 319ZH is not held in a victim trust fund.\ns 319ZJ ins 2008 No. 53 s 4\n(sec.319ZJ-ssec.1) This section applies if a protected defendant enters into an agreement about relevant money with the person in relation to whom the relevant money was awarded.\n(sec.319ZJ-ssec.2) The agreement contains an implied term that an amount mentioned in section 319ZG or 319ZH is not held in a victim trust fund.","sortOrder":572},{"sectionNumber":"ch.6-pt.12B-div.6","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":573},{"sectionNumber":"sec.319ZK","sectionType":"section","heading":"Amounts payable to public trustee for performance of functions","content":"### sec.319ZK Amounts payable to public trustee for performance of functions\n\nThis section applies to any amounts payable under the Public Trustee Act 1978 from a victim trust fund to the public trustee for the performance of its functions under this part.\nThe amounts must be paid to the public trustee from the victim trust fund before paying any of the following amounts under this part—\nan award on an eligible victim claim under section 319Y ;\nan amount of an eligible entity claim under section 319ZD ;\nan amount payable to an offender under section 319ZE or 319ZF .\nSee section 319ZH (5) (b) .\ns 319ZK ins 2008 No. 53 s 4\n(sec.319ZK-ssec.1) This section applies to any amounts payable under the Public Trustee Act 1978 from a victim trust fund to the public trustee for the performance of its functions under this part.\n(sec.319ZK-ssec.2) The amounts must be paid to the public trustee from the victim trust fund before paying any of the following amounts under this part— an award on an eligible victim claim under section 319Y ; an amount of an eligible entity claim under section 319ZD ; an amount payable to an offender under section 319ZE or 319ZF . See section 319ZH (5) (b) .\n- (a) an award on an eligible victim claim under section 319Y ;\n- (b) an amount of an eligible entity claim under section 319ZD ;\n- (c) an amount payable to an offender under section 319ZE or 319ZF .","sortOrder":574},{"sectionNumber":"sec.319ZL","sectionType":"section","heading":"Maximum legal costs of victim claims","content":"### sec.319ZL Maximum legal costs of victim claims\n\nThe maximum amount of legal costs, inclusive of GST, that a legal practitioner may charge and recover from a client for work done relating to a victim claim that may be payable from a victim trust fund is—\nif the amount recovered on the claim is $100,000 or less—20% of the amount recovered or $10,000 whichever is greater; or\nif the amount recovered on the claim is more than $100,000 but not more than $250,000—18% of the amount recovered or $20,000 whichever is greater; or\nif the amount recovered on the claim is more than $250,000 but not more than $500,000—16% of the amount recovered or $45,000 whichever is greater; or\nif the amount recovered on the claim is more than $500,000—15% of the amount recovered or $80,000 whichever is greater.\nThis section applies despite any other Act providing for the assessment or payment of legal costs.\nIn this section—\namount recovered , on a claim, means the full amount of the damages awarded and not just the amount of the award paid from a victim trust fund.\nlegal costs means amounts that a person has been or may be charged by, or is or may become liable to pay to, a law practice for the provision of legal services including interest on the amounts, but not including disbursements or interest on disbursements.\ns 319ZL ins 2008 No. 53 s 4\n(sec.319ZL-ssec.1) The maximum amount of legal costs, inclusive of GST, that a legal practitioner may charge and recover from a client for work done relating to a victim claim that may be payable from a victim trust fund is— if the amount recovered on the claim is $100,000 or less—20% of the amount recovered or $10,000 whichever is greater; or if the amount recovered on the claim is more than $100,000 but not more than $250,000—18% of the amount recovered or $20,000 whichever is greater; or if the amount recovered on the claim is more than $250,000 but not more than $500,000—16% of the amount recovered or $45,000 whichever is greater; or if the amount recovered on the claim is more than $500,000—15% of the amount recovered or $80,000 whichever is greater.\n(sec.319ZL-ssec.2) This section applies despite any other Act providing for the assessment or payment of legal costs.\n(sec.319ZL-ssec.3) In this section— amount recovered , on a claim, means the full amount of the damages awarded and not just the amount of the award paid from a victim trust fund. legal costs means amounts that a person has been or may be charged by, or is or may become liable to pay to, a law practice for the provision of legal services including interest on the amounts, but not including disbursements or interest on disbursements.\n- (a) if the amount recovered on the claim is $100,000 or less—20% of the amount recovered or $10,000 whichever is greater; or\n- (b) if the amount recovered on the claim is more than $100,000 but not more than $250,000—18% of the amount recovered or $20,000 whichever is greater; or\n- (c) if the amount recovered on the claim is more than $250,000 but not more than $500,000—16% of the amount recovered or $45,000 whichever is greater; or\n- (d) if the amount recovered on the claim is more than $500,000—15% of the amount recovered or $80,000 whichever is greater.","sortOrder":575},{"sectionNumber":"ch.6-pt.13","sectionType":"part","heading":"Information","content":"# Information","sortOrder":576},{"sectionNumber":"ch.6-pt.13-div.1","sectionType":"division","heading":"Giving notices and information to eligible persons","content":"## Giving notices and information to eligible persons","sortOrder":577},{"sectionNumber":"sec.320","sectionType":"section","heading":"Eligible persons register","content":"### sec.320 Eligible persons register\n\nThe chief executive must keep a register of eligible persons who may receive notices or information about prisoners or homicide offenders under this Act.\nSubject to section 324AA —\nnotice of an application by a prisoner for a parole order must be given to an eligible person under section 188 ; and\ninformation about a prisoner (including a prisoner who is a homicide offender) must be given to an eligible person under section 324A ; and\ninformation about a prisoner or homicide offender may be given to an eligible person under section 325 .\nTo make an entry in the eligible persons register, the chief executive must be satisfied—\nthe prisoner or homicide offender is a prisoner or homicide offender for whom an entry can be made; and\nthe person proposed to be registered against the prisoner or homicide offender is—\nentitled to be registered; and\nrequests or consents to the registration.\nDespite being satisfied of the matters stated in subsection (2) , the chief executive may refuse to register a person against a prisoner or homicide offender if the chief executive reasonably believes that giving the person a notice or information as an eligible person may endanger—\nthe security of a corrective services facility; or\nthe safe custody or welfare of a prisoner; or\nthe safety or welfare of someone else.\nThe chief executive may make an entry in the eligible persons register against a prisoner or homicide offender—\non application in the approved form by a person claiming to be an eligible person; or\non a referral in the approved form by an entity supporting an eligible person; or\non the chief executive’s own initiative.\ns 320 amd 2009 No. 30 s 36\nsub 2017 No. 9 s 11\namd 2016 No. 51 s 73 sch 1 (amdt could not be given effect); 2017 No. 8 s 101 sch 1\nsub 2024 No. 25 s 25\n(sec.320-ssec.1) The chief executive must keep a register of eligible persons who may receive notices or information about prisoners or homicide offenders under this Act. Subject to section 324AA — notice of an application by a prisoner for a parole order must be given to an eligible person under section 188 ; and information about a prisoner (including a prisoner who is a homicide offender) must be given to an eligible person under section 324A ; and information about a prisoner or homicide offender may be given to an eligible person under section 325 .\n(sec.320-ssec.2) To make an entry in the eligible persons register, the chief executive must be satisfied— the prisoner or homicide offender is a prisoner or homicide offender for whom an entry can be made; and the person proposed to be registered against the prisoner or homicide offender is— entitled to be registered; and requests or consents to the registration.\n(sec.320-ssec.3) Despite being satisfied of the matters stated in subsection (2) , the chief executive may refuse to register a person against a prisoner or homicide offender if the chief executive reasonably believes that giving the person a notice or information as an eligible person may endanger— the security of a corrective services facility; or the safe custody or welfare of a prisoner; or the safety or welfare of someone else.\n(sec.320-ssec.4) The chief executive may make an entry in the eligible persons register against a prisoner or homicide offender— on application in the approved form by a person claiming to be an eligible person; or on a referral in the approved form by an entity supporting an eligible person; or on the chief executive’s own initiative.\n- • notice of an application by a prisoner for a parole order must be given to an eligible person under section 188 ; and\n- • information about a prisoner (including a prisoner who is a homicide offender) must be given to an eligible person under section 324A ; and\n- • information about a prisoner or homicide offender may be given to an eligible person under section 325 .\n- (a) the prisoner or homicide offender is a prisoner or homicide offender for whom an entry can be made; and\n- (b) the person proposed to be registered against the prisoner or homicide offender is— (i) entitled to be registered; and (ii) requests or consents to the registration.\n- (i) entitled to be registered; and\n- (ii) requests or consents to the registration.\n- (i) entitled to be registered; and\n- (ii) requests or consents to the registration.\n- (a) the security of a corrective services facility; or\n- (b) the safe custody or welfare of a prisoner; or\n- (c) the safety or welfare of someone else.\n- (a) on application in the approved form by a person claiming to be an eligible person; or\n- (b) on a referral in the approved form by an entity supporting an eligible person; or\n- (c) on the chief executive’s own initiative.","sortOrder":578},{"sectionNumber":"sec.321","sectionType":"section","heading":"Effect of offence and violence as ground for registration","content":"### sec.321 Effect of offence and violence as ground for registration\n\nAn entry can be made in the eligible persons register against a prisoner—\nwho has been sentenced to a period of imprisonment for an offence of violence or a sexual offence; or\nwho is subject to a continuing or interim detention order, or a supervision or interim supervision order, under the Dangerous Prisoners (Sexual Offenders) Act 2003 , having been found guilty of a serious sexual offence within the meaning of that Act.\nA person is entitled to be registered as an eligible person against the prisoner if—\nthe person is one of the following—\na person against whom the offence was committed (the victim );\nan immediate family member of a deceased victim of the offence; or\nthe chief executive is satisfied the person’s life or physical safety could reasonably be expected to be endangered because of—\na documented history of violence by the prisoner against the person; or\na connection between the person and the offence.\nIn this section—\noffence of violence means an offence in which a victim suffers actual or threatened violence.\ns 321 sub 2024 No. 25 s 25\n(sec.321-ssec.1) An entry can be made in the eligible persons register against a prisoner— who has been sentenced to a period of imprisonment for an offence of violence or a sexual offence; or who is subject to a continuing or interim detention order, or a supervision or interim supervision order, under the Dangerous Prisoners (Sexual Offenders) Act 2003 , having been found guilty of a serious sexual offence within the meaning of that Act.\n(sec.321-ssec.2) A person is entitled to be registered as an eligible person against the prisoner if— the person is one of the following— a person against whom the offence was committed (the victim ); an immediate family member of a deceased victim of the offence; or the chief executive is satisfied the person’s life or physical safety could reasonably be expected to be endangered because of— a documented history of violence by the prisoner against the person; or a connection between the person and the offence.\n(sec.321-ssec.3) In this section— offence of violence means an offence in which a victim suffers actual or threatened violence.\n- (a) who has been sentenced to a period of imprisonment for an offence of violence or a sexual offence; or\n- (b) who is subject to a continuing or interim detention order, or a supervision or interim supervision order, under the Dangerous Prisoners (Sexual Offenders) Act 2003 , having been found guilty of a serious sexual offence within the meaning of that Act.\n- (a) the person is one of the following— (i) a person against whom the offence was committed (the victim ); (ii) an immediate family member of a deceased victim of the offence; or\n- (i) a person against whom the offence was committed (the victim );\n- (ii) an immediate family member of a deceased victim of the offence; or\n- (b) the chief executive is satisfied the person’s life or physical safety could reasonably be expected to be endangered because of— (i) a documented history of violence by the prisoner against the person; or (ii) a connection between the person and the offence.\n- (i) a documented history of violence by the prisoner against the person; or\n- (ii) a connection between the person and the offence.\n- (i) a person against whom the offence was committed (the victim );\n- (ii) an immediate family member of a deceased victim of the offence; or\n- (i) a documented history of violence by the prisoner against the person; or\n- (ii) a connection between the person and the offence.","sortOrder":579},{"sectionNumber":"sec.322","sectionType":"section","heading":"Domestic violence as ground for registration","content":"### sec.322 Domestic violence as ground for registration\n\nAn entry can be made in the eligible persons register against a prisoner who has been sentenced to a period of imprisonment for an offence if—\nthere is or has been a domestic violence order, direction or notice in force against the prisoner; or\nthe chief executive is satisfied, by a documented history of domestic violence by the prisoner or by other evidence, the prisoner has committed domestic violence.\nA person is entitled to be registered as an eligible person against the prisoner if the chief executive is satisfied the person is at risk of domestic violence from the prisoner.\nIn this section—\ndomestic violence see the Domestic and Family Violence Protection Act 2012 , section 8 .\ndomestic violence order, direction or notice means an order, direction or notice included in a person’s domestic violence history under the Domestic and Family Violence Protection Act 2012 .\ns 322 sub 2024 No. 25 s 25\namd 2025 No. 18 s 83 sch 1\n(sec.322-ssec.1) An entry can be made in the eligible persons register against a prisoner who has been sentenced to a period of imprisonment for an offence if— there is or has been a domestic violence order, direction or notice in force against the prisoner; or the chief executive is satisfied, by a documented history of domestic violence by the prisoner or by other evidence, the prisoner has committed domestic violence.\n(sec.322-ssec.2) A person is entitled to be registered as an eligible person against the prisoner if the chief executive is satisfied the person is at risk of domestic violence from the prisoner.\n(sec.322-ssec.3) In this section— domestic violence see the Domestic and Family Violence Protection Act 2012 , section 8 . domestic violence order, direction or notice means an order, direction or notice included in a person’s domestic violence history under the Domestic and Family Violence Protection Act 2012 .\n- (a) there is or has been a domestic violence order, direction or notice in force against the prisoner; or\n- (b) the chief executive is satisfied, by a documented history of domestic violence by the prisoner or by other evidence, the prisoner has committed domestic violence.","sortOrder":580},{"sectionNumber":"sec.323","sectionType":"section","heading":"Registration against homicide offender","content":"### sec.323 Registration against homicide offender\n\nAn entry can be made in the eligible persons register against a homicide offender.\nA person is entitled to be registered as an eligible person against a homicide offender if—\nthe person is an immediate family member of a victim of the homicide offence; or\nthe chief executive is satisfied registration of the person against the prisoner is warranted because of the effect of the homicide offence on the person; or\nthe chief executive is satisfied the person’s life or physical safety could reasonably be expected to be endangered because of—\na documented history of violence by the offender against the person; or\na connection between the person and the homicide offence.\ns 323 sub 2024 No. 25 s 25\n(sec.323-ssec.1) An entry can be made in the eligible persons register against a homicide offender.\n(sec.323-ssec.2) A person is entitled to be registered as an eligible person against a homicide offender if— the person is an immediate family member of a victim of the homicide offence; or the chief executive is satisfied registration of the person against the prisoner is warranted because of the effect of the homicide offence on the person; or the chief executive is satisfied the person’s life or physical safety could reasonably be expected to be endangered because of— a documented history of violence by the offender against the person; or a connection between the person and the homicide offence.\n- (a) the person is an immediate family member of a victim of the homicide offence; or\n- (b) the chief executive is satisfied registration of the person against the prisoner is warranted because of the effect of the homicide offence on the person; or\n- (c) the chief executive is satisfied the person’s life or physical safety could reasonably be expected to be endangered because of— (i) a documented history of violence by the offender against the person; or (ii) a connection between the person and the homicide offence.\n- (i) a documented history of violence by the offender against the person; or\n- (ii) a connection between the person and the homicide offence.\n- (i) a documented history of violence by the offender against the person; or\n- (ii) a connection between the person and the homicide offence.","sortOrder":581},{"sectionNumber":"sec.323A","sectionType":"section","heading":"Registration if eligible person is child or person with impaired capacity","content":"### sec.323A Registration if eligible person is child or person with impaired capacity\n\nIf an eligible person is a child—\na parent or guardian of the child is taken to be an eligible person; and\nsubject to this Act, the parent or guardian may be registered instead of, or as well as, the child.\nIf an eligible person is a person with impaired capacity—\na guardian of the person or an attorney of the person with an enduring power of attorney is taken to be an eligible person; and\nsubject to this Act, the guardian or attorney may be registered instead of, or as well as, the person with impaired capacity.\nIf a person proposed to be registered as an eligible person is a child—\nthe child is only eligible to be registered if the chief executive is satisfied that registration is in the child’s best interests; and\nin the case of a child who is in care, the chief executive must consult with the child protection chief executive in deciding whether registration of the child is in the child’s best interests; and\nif the chief executive decides to register the child, the chief executive must—\ngive the child information about being an eligible person and about how to be removed from the register; and\ntell the child and the child’s parent or guardian that the parent or guardian may register as an eligible person instead of, or as well as, the child.\ns 323A ins 2024 No. 25 s 25\n(sec.323A-ssec.1) If an eligible person is a child— a parent or guardian of the child is taken to be an eligible person; and subject to this Act, the parent or guardian may be registered instead of, or as well as, the child.\n(sec.323A-ssec.2) If an eligible person is a person with impaired capacity— a guardian of the person or an attorney of the person with an enduring power of attorney is taken to be an eligible person; and subject to this Act, the guardian or attorney may be registered instead of, or as well as, the person with impaired capacity.\n(sec.323A-ssec.3) If a person proposed to be registered as an eligible person is a child— the child is only eligible to be registered if the chief executive is satisfied that registration is in the child’s best interests; and in the case of a child who is in care, the chief executive must consult with the child protection chief executive in deciding whether registration of the child is in the child’s best interests; and if the chief executive decides to register the child, the chief executive must— give the child information about being an eligible person and about how to be removed from the register; and tell the child and the child’s parent or guardian that the parent or guardian may register as an eligible person instead of, or as well as, the child.\n- (a) a parent or guardian of the child is taken to be an eligible person; and\n- (b) subject to this Act, the parent or guardian may be registered instead of, or as well as, the child.\n- (a) a guardian of the person or an attorney of the person with an enduring power of attorney is taken to be an eligible person; and\n- (b) subject to this Act, the guardian or attorney may be registered instead of, or as well as, the person with impaired capacity.\n- (a) the child is only eligible to be registered if the chief executive is satisfied that registration is in the child’s best interests; and\n- (b) in the case of a child who is in care, the chief executive must consult with the child protection chief executive in deciding whether registration of the child is in the child’s best interests; and\n- (c) if the chief executive decides to register the child, the chief executive must— (i) give the child information about being an eligible person and about how to be removed from the register; and (ii) tell the child and the child’s parent or guardian that the parent or guardian may register as an eligible person instead of, or as well as, the child.\n- (i) give the child information about being an eligible person and about how to be removed from the register; and\n- (ii) tell the child and the child’s parent or guardian that the parent or guardian may register as an eligible person instead of, or as well as, the child.\n- (i) give the child information about being an eligible person and about how to be removed from the register; and\n- (ii) tell the child and the child’s parent or guardian that the parent or guardian may register as an eligible person instead of, or as well as, the child.","sortOrder":582},{"sectionNumber":"sec.323B","sectionType":"section","heading":"Nomination of entity to receive information on behalf of eligible person","content":"### sec.323B Nomination of entity to receive information on behalf of eligible person\n\nAn eligible person may nominate an entity as an entity to whom the chief executive may give a notice or information required or authorised to be given to the eligible person under this Act.\na victims support agency\nThe chief executive may refuse to accept a nomination if the chief executive—\nis not satisfied that the entity consents to the nomination; or\nreasonably considers the entity not to be suitable in the circumstances.\nDetails of a nominee must be noted in the eligible persons register.\nIf a nominee withdraws consent to the nomination, the details must be removed from the register.\ns 323B ins 2024 No. 25 s 25\n(sec.323B-ssec.1) An eligible person may nominate an entity as an entity to whom the chief executive may give a notice or information required or authorised to be given to the eligible person under this Act. a victims support agency\n(sec.323B-ssec.2) The chief executive may refuse to accept a nomination if the chief executive— is not satisfied that the entity consents to the nomination; or reasonably considers the entity not to be suitable in the circumstances.\n(sec.323B-ssec.3) Details of a nominee must be noted in the eligible persons register.\n(sec.323B-ssec.4) If a nominee withdraws consent to the nomination, the details must be removed from the register.\n- (a) is not satisfied that the entity consents to the nomination; or\n- (b) reasonably considers the entity not to be suitable in the circumstances.","sortOrder":583},{"sectionNumber":"sec.324","sectionType":"section","heading":"Removing details from eligible persons register","content":"### sec.324 Removing details from eligible persons register\n\nThe chief executive must remove an eligible person’s details from the eligible persons register—\nfor a prisoner other than a homicide offender, when the prisoner in relation to whom the person is registered—\nis discharged; or\nif the prisoner is released subject to a relevant order—stops being subject to a relevant order; or\ndies; or\nis transferred to another jurisdiction; or\nfor a homicide offender, when the homicide offender dies; or\nif the conviction of the prisoner or homicide offender in relation to which the person is registered is overturned; or\nif asked to do so by the eligible person.\nThe chief executive may remove an eligible person’s details from the register if—\nthe chief executive reasonably believes that giving the person a notice or information as an eligible person may endanger—\nthe security of a corrective services facility; or\nthe safe custody or welfare of a prisoner; or\nthe safety or welfare of someone else; or\nthe eligible person discloses, for public dissemination, any notice or information given to the person under this Act as an eligible person.\nThe chief executive may also remove an eligible person’s details from the register if the chief executive is unable, after making reasonable efforts, to contact the eligible person.\nThe chief executive may, on the chief executive’s own initiative, reinstate details of an eligible person registered against a prisoner other than a homicide offender if, within 90 days after the removal of the details, the prisoner is again in the custody of the chief executive.\nIn this section—\ndetails , of an eligible person, includes details of any entity nominated to receive a notice or information under this Act for the eligible person.\nrelevant order means—\na supervision order or interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; or\na probation order.\ns 324 amd 2009 No. 30 s 37 ; 2023 No. 14 s 52 sch 1 ; 2024 No. 25 s 26\n(sec.324-ssec.1) The chief executive must remove an eligible person’s details from the eligible persons register— for a prisoner other than a homicide offender, when the prisoner in relation to whom the person is registered— is discharged; or if the prisoner is released subject to a relevant order—stops being subject to a relevant order; or dies; or is transferred to another jurisdiction; or for a homicide offender, when the homicide offender dies; or if the conviction of the prisoner or homicide offender in relation to which the person is registered is overturned; or if asked to do so by the eligible person.\n(sec.324-ssec.2) The chief executive may remove an eligible person’s details from the register if— the chief executive reasonably believes that giving the person a notice or information as an eligible person may endanger— the security of a corrective services facility; or the safe custody or welfare of a prisoner; or the safety or welfare of someone else; or the eligible person discloses, for public dissemination, any notice or information given to the person under this Act as an eligible person.\n(sec.324-ssec.3) The chief executive may also remove an eligible person’s details from the register if the chief executive is unable, after making reasonable efforts, to contact the eligible person.\n(sec.324-ssec.4) The chief executive may, on the chief executive’s own initiative, reinstate details of an eligible person registered against a prisoner other than a homicide offender if, within 90 days after the removal of the details, the prisoner is again in the custody of the chief executive.\n(sec.324-ssec.5) In this section— details , of an eligible person, includes details of any entity nominated to receive a notice or information under this Act for the eligible person. relevant order means— a supervision order or interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; or a probation order.\n- (a) for a prisoner other than a homicide offender, when the prisoner in relation to whom the person is registered— (i) is discharged; or (ii) if the prisoner is released subject to a relevant order—stops being subject to a relevant order; or (iii) dies; or (iv) is transferred to another jurisdiction; or\n- (i) is discharged; or\n- (ii) if the prisoner is released subject to a relevant order—stops being subject to a relevant order; or\n- (iii) dies; or\n- (iv) is transferred to another jurisdiction; or\n- (b) for a homicide offender, when the homicide offender dies; or\n- (c) if the conviction of the prisoner or homicide offender in relation to which the person is registered is overturned; or\n- (d) if asked to do so by the eligible person.\n- (i) is discharged; or\n- (ii) if the prisoner is released subject to a relevant order—stops being subject to a relevant order; or\n- (iii) dies; or\n- (iv) is transferred to another jurisdiction; or\n- (a) the chief executive reasonably believes that giving the person a notice or information as an eligible person may endanger— (i) the security of a corrective services facility; or (ii) the safe custody or welfare of a prisoner; or (iii) the safety or welfare of someone else; or\n- (i) the security of a corrective services facility; or\n- (ii) the safe custody or welfare of a prisoner; or\n- (iii) the safety or welfare of someone else; or\n- (b) the eligible person discloses, for public dissemination, any notice or information given to the person under this Act as an eligible person.\n- (i) the security of a corrective services facility; or\n- (ii) the safe custody or welfare of a prisoner; or\n- (iii) the safety or welfare of someone else; or\n- (a) a supervision order or interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; or\n- (b) a probation order.","sortOrder":584},{"sectionNumber":"sec.324AA","sectionType":"section","heading":"Provision of notice or information to eligible person","content":"### sec.324AA Provision of notice or information to eligible person\n\nThe chief executive must not give an eligible person a notice or information under this Act unless—\nthe person has given the chief executive a signed declaration stating that the person will not disclose, for public dissemination, any notice or information about a prisoner given to the person under this Act; and\nif a nominee for the eligible person is noted in the eligible persons register—both the nominee and the eligible person have given the chief executive a signed declaration stating that the person will not disclose, for public dissemination, any notice or information about a prisoner given to the nominee under this Act.\nThe chief executive may refuse to give an eligible person a notice or information under this Act if the chief executive reasonably believes that giving the notice or information to the person may endanger—\nthe security of a corrective services facility; or\nthe safe custody or welfare of a prisoner; or\nthe safety or welfare of someone else.\nIf there is a nominee of an eligible person on the eligible persons register when the chief executive is required or authorised to give a notice or information to the eligible person, the chief executive—\nmust endeavour to give the notice or information to the nominee; but\nmay give the notice or information directly to the eligible person if the chief executive has been unable to give the notice or information to the nominee despite a reasonable attempt to do so.\nA requirement to give a notice or information to an eligible person ceases to apply if the chief executive has made a reasonable attempt to give the notice or information to the person but has been unable to do so.\nThis section does not apply to confidential information disclosed to an eligible person or nominee under section 341 .\ns 324AA ins 2024 No. 25 s 27\n(sec.324AA-ssec.1) The chief executive must not give an eligible person a notice or information under this Act unless— the person has given the chief executive a signed declaration stating that the person will not disclose, for public dissemination, any notice or information about a prisoner given to the person under this Act; and if a nominee for the eligible person is noted in the eligible persons register—both the nominee and the eligible person have given the chief executive a signed declaration stating that the person will not disclose, for public dissemination, any notice or information about a prisoner given to the nominee under this Act.\n(sec.324AA-ssec.2) The chief executive may refuse to give an eligible person a notice or information under this Act if the chief executive reasonably believes that giving the notice or information to the person may endanger— the security of a corrective services facility; or the safe custody or welfare of a prisoner; or the safety or welfare of someone else.\n(sec.324AA-ssec.3) If there is a nominee of an eligible person on the eligible persons register when the chief executive is required or authorised to give a notice or information to the eligible person, the chief executive— must endeavour to give the notice or information to the nominee; but may give the notice or information directly to the eligible person if the chief executive has been unable to give the notice or information to the nominee despite a reasonable attempt to do so.\n(sec.324AA-ssec.4) A requirement to give a notice or information to an eligible person ceases to apply if the chief executive has made a reasonable attempt to give the notice or information to the person but has been unable to do so.\n(sec.324AA-ssec.5) This section does not apply to confidential information disclosed to an eligible person or nominee under section 341 .\n- (a) the person has given the chief executive a signed declaration stating that the person will not disclose, for public dissemination, any notice or information about a prisoner given to the person under this Act; and\n- (b) if a nominee for the eligible person is noted in the eligible persons register—both the nominee and the eligible person have given the chief executive a signed declaration stating that the person will not disclose, for public dissemination, any notice or information about a prisoner given to the nominee under this Act.\n- (a) the security of a corrective services facility; or\n- (b) the safe custody or welfare of a prisoner; or\n- (c) the safety or welfare of someone else.\n- (a) must endeavour to give the notice or information to the nominee; but\n- (b) may give the notice or information directly to the eligible person if the chief executive has been unable to give the notice or information to the nominee despite a reasonable attempt to do so.","sortOrder":585},{"sectionNumber":"sec.324A","sectionType":"section","heading":"Right of eligible persons to receive particular information","content":"### sec.324A Right of eligible persons to receive particular information\n\nThe chief executive must, subject to section 324AA , give an eligible person the following information about a prisoner (including a prisoner who is a homicide offender) in relation to whom the eligible person is registered—\nthe prisoner’s eligibility dates for discharge or release;\nthe prisoner’s date of discharge or release;\nthe death of the prisoner and, if the prisoner died while detained in a corrective services facility, the date of death;\nthe escape of the prisoner and the date of escape;\ndetails of a change of name of the prisoner registered under a law of the State about births, deaths and marriages;\nthe fact, and date, of any particular circumstances relating to the prisoner that could reasonably be expected to endanger the eligible person’s life or physical safety;\nThe prisoner is mistakenly discharged before the prisoner’s discharge day.\nThe prisoner is granted leave under chapter 2 , part 2 , division 8 without supervision.\nfor a no body-no parole prisoner—whether a no cooperation declaration is in force for the prisoner.\nThe information must be given to the person—\nfor information mentioned in subsection (1) (a) , (b) , (e) or (g) —as soon as practicable after the chief executive becomes aware of the information; or\nfor information mentioned in subsection (1) (c) , (d) or (f) —immediately after the chief executive becomes aware of the information.\ns 324A ins 2017 No. 9 s 12\namd 2020 No. 23 s 51 ; 2021 No. 24 s 18 ; 2024 No. 25 s 28\n(sec.324A-ssec.1) The chief executive must, subject to section 324AA , give an eligible person the following information about a prisoner (including a prisoner who is a homicide offender) in relation to whom the eligible person is registered— the prisoner’s eligibility dates for discharge or release; the prisoner’s date of discharge or release; the death of the prisoner and, if the prisoner died while detained in a corrective services facility, the date of death; the escape of the prisoner and the date of escape; details of a change of name of the prisoner registered under a law of the State about births, deaths and marriages; the fact, and date, of any particular circumstances relating to the prisoner that could reasonably be expected to endanger the eligible person’s life or physical safety; The prisoner is mistakenly discharged before the prisoner’s discharge day. The prisoner is granted leave under chapter 2 , part 2 , division 8 without supervision. for a no body-no parole prisoner—whether a no cooperation declaration is in force for the prisoner.\n(sec.324A-ssec.2) The information must be given to the person— for information mentioned in subsection (1) (a) , (b) , (e) or (g) —as soon as practicable after the chief executive becomes aware of the information; or for information mentioned in subsection (1) (c) , (d) or (f) —immediately after the chief executive becomes aware of the information.\n- (a) the prisoner’s eligibility dates for discharge or release;\n- (b) the prisoner’s date of discharge or release;\n- (c) the death of the prisoner and, if the prisoner died while detained in a corrective services facility, the date of death;\n- (d) the escape of the prisoner and the date of escape;\n- (e) details of a change of name of the prisoner registered under a law of the State about births, deaths and marriages;\n- (f) the fact, and date, of any particular circumstances relating to the prisoner that could reasonably be expected to endanger the eligible person’s life or physical safety; Examples of particular circumstances relating to a prisoner— • The prisoner is mistakenly discharged before the prisoner’s discharge day. • The prisoner is granted leave under chapter 2 , part 2 , division 8 without supervision.\n- • The prisoner is mistakenly discharged before the prisoner’s discharge day.\n- • The prisoner is granted leave under chapter 2 , part 2 , division 8 without supervision.\n- (g) for a no body-no parole prisoner—whether a no cooperation declaration is in force for the prisoner.\n- • The prisoner is mistakenly discharged before the prisoner’s discharge day.\n- • The prisoner is granted leave under chapter 2 , part 2 , division 8 without supervision.\n- (a) for information mentioned in subsection (1) (a) , (b) , (e) or (g) —as soon as practicable after the chief executive becomes aware of the information; or\n- (b) for information mentioned in subsection (1) (c) , (d) or (f) —immediately after the chief executive becomes aware of the information.","sortOrder":586},{"sectionNumber":"sec.325","sectionType":"section","heading":"Giving eligible persons other information","content":"### sec.325 Giving eligible persons other information\n\nSubject to section 324AA , the chief executive may give an eligible person registered against a prisoner or homicide offender information, within the knowledge of the chief executive, about the prisoner or offender as the chief executive considers appropriate.\nWithout limiting the information that may be given, the information may include the following information about a prisoner (including a homicide offender)—\nthe current location of the prisoner;\nthe transfer of the prisoner—\nbetween corrective services facilities; or\ninterstate or overseas;\nthe length of the term of imprisonment the prisoner is serving;\nany further cumulative terms of imprisonment imposed on the prisoner while in custody for the offence;\nthe nature of an order under the Dangerous Prisoners (Sexual Offenders) Act 2003 , to which the prisoner is or becomes subject;\nthe prisoner ceasing to be subject to an order mentioned in paragraph (e) ;\nthe results of the prisoner’s application for parole orders;\nother matters relevant to parole of the prisoner;\ndetails of a reassignment or alteration of the sex of the prisoner noted or recorded in a register kept under a law of the State about births, deaths and marriages;\nthe deportation or removal status of the prisoner under the Migration Act 1958 (Cwlth) ;\nother exceptional events relating to the prisoner.\nWithout limiting the information that may be given, the information may include the following information, within the knowledge of the chief executive, about a homicide offender who is not a prisoner—\nthe current location of the offender or that the offender is no longer resident in the State;\nthe nature of a community based order, parole order, or order under the Dangerous Prisoners (Sexual Offenders) Act 2003 , to which the offender is or becomes subject;\nthe offender ceasing to be subject to an order mentioned in paragraph (b) ;\ndetails of a change of name of the offender registered under a law of the State about births, deaths and marriages;\ndetails of a reassignment or alteration of the sex of the offender noted or recorded in a register kept under a law of the State about births, deaths and marriages;\nthe deportation or removal status of the offender under the Migration Act 1958 (Cwlth) ;\nthe death of the offender;\nother exceptional events relating to the offender.\ns 325 amd 2017 No. 9 s 13 ; 2017 No. 8 s 101 sch 1\nsub 2024 No. 25 s 29\n(sec.325-ssec.1) Subject to section 324AA , the chief executive may give an eligible person registered against a prisoner or homicide offender information, within the knowledge of the chief executive, about the prisoner or offender as the chief executive considers appropriate.\n(sec.325-ssec.2) Without limiting the information that may be given, the information may include the following information about a prisoner (including a homicide offender)— the current location of the prisoner; the transfer of the prisoner— between corrective services facilities; or interstate or overseas; the length of the term of imprisonment the prisoner is serving; any further cumulative terms of imprisonment imposed on the prisoner while in custody for the offence; the nature of an order under the Dangerous Prisoners (Sexual Offenders) Act 2003 , to which the prisoner is or becomes subject; the prisoner ceasing to be subject to an order mentioned in paragraph (e) ; the results of the prisoner’s application for parole orders; other matters relevant to parole of the prisoner; details of a reassignment or alteration of the sex of the prisoner noted or recorded in a register kept under a law of the State about births, deaths and marriages; the deportation or removal status of the prisoner under the Migration Act 1958 (Cwlth) ; other exceptional events relating to the prisoner.\n(sec.325-ssec.3) Without limiting the information that may be given, the information may include the following information, within the knowledge of the chief executive, about a homicide offender who is not a prisoner— the current location of the offender or that the offender is no longer resident in the State; the nature of a community based order, parole order, or order under the Dangerous Prisoners (Sexual Offenders) Act 2003 , to which the offender is or becomes subject; the offender ceasing to be subject to an order mentioned in paragraph (b) ; details of a change of name of the offender registered under a law of the State about births, deaths and marriages; details of a reassignment or alteration of the sex of the offender noted or recorded in a register kept under a law of the State about births, deaths and marriages; the deportation or removal status of the offender under the Migration Act 1958 (Cwlth) ; the death of the offender; other exceptional events relating to the offender.\n- (a) the current location of the prisoner;\n- (b) the transfer of the prisoner— (i) between corrective services facilities; or (ii) interstate or overseas;\n- (i) between corrective services facilities; or\n- (ii) interstate or overseas;\n- (c) the length of the term of imprisonment the prisoner is serving;\n- (d) any further cumulative terms of imprisonment imposed on the prisoner while in custody for the offence;\n- (e) the nature of an order under the Dangerous Prisoners (Sexual Offenders) Act 2003 , to which the prisoner is or becomes subject;\n- (f) the prisoner ceasing to be subject to an order mentioned in paragraph (e) ;\n- (g) the results of the prisoner’s application for parole orders;\n- (h) other matters relevant to parole of the prisoner;\n- (i) details of a reassignment or alteration of the sex of the prisoner noted or recorded in a register kept under a law of the State about births, deaths and marriages;\n- (j) the deportation or removal status of the prisoner under the Migration Act 1958 (Cwlth) ;\n- (k) other exceptional events relating to the prisoner.\n- (i) between corrective services facilities; or\n- (ii) interstate or overseas;\n- (a) the current location of the offender or that the offender is no longer resident in the State;\n- (b) the nature of a community based order, parole order, or order under the Dangerous Prisoners (Sexual Offenders) Act 2003 , to which the offender is or becomes subject;\n- (c) the offender ceasing to be subject to an order mentioned in paragraph (b) ;\n- (d) details of a change of name of the offender registered under a law of the State about births, deaths and marriages;\n- (e) details of a reassignment or alteration of the sex of the offender noted or recorded in a register kept under a law of the State about births, deaths and marriages;\n- (f) the deportation or removal status of the offender under the Migration Act 1958 (Cwlth) ;\n- (g) the death of the offender;\n- (h) other exceptional events relating to the offender.","sortOrder":587},{"sectionNumber":"ch.6-pt.13-div.2","sectionType":"division","heading":"Criminal history of relevant person","content":"## Criminal history of relevant person","sortOrder":588},{"sectionNumber":"sec.326","sectionType":"section","heading":"Purpose of div 2","content":"### sec.326 Purpose of div 2\n\nThe purpose of this division is to ensure—\nthe chief executive has all the relevant information the chief executive needs to assess a person’s suitability to be, or continue to be, a relevant person; and\nthe chief executive can give the Minister or the president all the relevant information needed to assess a person’s suitability to be, or continue to be, a board member or acting board member.\nThe purpose is achieved mainly by providing for the chief executive to obtain the criminal history of, and other information about, the relevant person.\ns 326 amd 2024 No. 25 s 30\n(sec.326-ssec.1) The purpose of this division is to ensure— the chief executive has all the relevant information the chief executive needs to assess a person’s suitability to be, or continue to be, a relevant person; and the chief executive can give the Minister or the president all the relevant information needed to assess a person’s suitability to be, or continue to be, a board member or acting board member.\n(sec.326-ssec.2) The purpose is achieved mainly by providing for the chief executive to obtain the criminal history of, and other information about, the relevant person.\n- (a) the chief executive has all the relevant information the chief executive needs to assess a person’s suitability to be, or continue to be, a relevant person; and\n- (b) the chief executive can give the Minister or the president all the relevant information needed to assess a person’s suitability to be, or continue to be, a board member or acting board member.","sortOrder":589},{"sectionNumber":"sec.327","sectionType":"section","heading":"Definitions for div 2","content":"### sec.327 Definitions for div 2\n\nIn this division—\ncharge , of an offence, means a charge in any form, including, for example, the following—\na charge on an arrest;\na notice to appear served under the Police Powers and Responsibilities Act 2000 , section 382 ;\na complaint under the Justices Act 1886 ;\na charge by a court under the Justices Act 1886 , section 42 (1A) or another provision of an Act;\nan indictment.\ns 327 def charge amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )\nrelevant person —\nmeans any one of the following—\na person performing a function under this Act;\na staff member;\nan applicant seeking—\nto be engaged by the department; or\na position as a staff member; and\nfor subdivision 3 —includes a visitor, other than an accredited visitor.\n- (a) a charge on an arrest;\n- (b) a notice to appear served under the Police Powers and Responsibilities Act 2000 , section 382 ;\n- (c) a complaint under the Justices Act 1886 ;\n- (d) a charge by a court under the Justices Act 1886 , section 42 (1A) or another provision of an Act;\n- (e) an indictment.\n- (a) means any one of the following— (i) a person performing a function under this Act; (ii) a staff member; (iii) an applicant seeking— (A) to be engaged by the department; or (B) a position as a staff member; and\n- (i) a person performing a function under this Act;\n- (ii) a staff member;\n- (iii) an applicant seeking— (A) to be engaged by the department; or (B) a position as a staff member; and\n- (A) to be engaged by the department; or\n- (B) a position as a staff member; and\n- (b) for subdivision 3 —includes a visitor, other than an accredited visitor.\n- (i) a person performing a function under this Act;\n- (ii) a staff member;\n- (iii) an applicant seeking— (A) to be engaged by the department; or (B) a position as a staff member; and\n- (A) to be engaged by the department; or\n- (B) a position as a staff member; and\n- (A) to be engaged by the department; or\n- (B) a position as a staff member; and","sortOrder":590},{"sectionNumber":"sec.328","sectionType":"section","heading":"Relationship with Criminal Law (Rehabilitation of Offenders) Act 1986","content":"### sec.328 Relationship with Criminal Law (Rehabilitation of Offenders) Act 1986\n\nThis division applies to a person despite anything in the Criminal Law (Rehabilitation of Offenders) Act 1986 .","sortOrder":591},{"sectionNumber":"sec.329","sectionType":"section","heading":"Chief executive must advise of duties of disclosure etc.","content":"### sec.329 Chief executive must advise of duties of disclosure etc.\n\nBefore a person becomes a relevant person, the chief executive must tell the person—\nof the person’s duties of disclosure as a relevant person under this division; and\nthat the chief executive may, under section 334 , obtain information about the person; and\nthat guidelines for dealing with information obtained by the chief executive under this division are available from the chief executive on request.\n- (a) of the person’s duties of disclosure as a relevant person under this division; and\n- (b) that the chief executive may, under section 334 , obtain information about the person; and\n- (c) that guidelines for dealing with information obtained by the chief executive under this division are available from the chief executive on request.","sortOrder":592},{"sectionNumber":"sec.330","sectionType":"section","heading":"Person seeking to be a relevant person must disclose criminal history","content":"### sec.330 Person seeking to be a relevant person must disclose criminal history\n\nA person seeking to be a relevant person must disclose to the chief executive, before becoming a relevant person—\nwhether or not the person has a criminal history; and\nif the person has a criminal history, the person’s complete criminal history.\n- (a) whether or not the person has a criminal history; and\n- (b) if the person has a criminal history, the person’s complete criminal history.","sortOrder":593},{"sectionNumber":"sec.331","sectionType":"section","heading":"Relevant person must disclose changes in criminal history","content":"### sec.331 Relevant person must disclose changes in criminal history\n\nIf there is a change in the criminal history of a relevant person, the person must immediately disclose the details of the change to the chief executive.\nFor a relevant person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history.\n(sec.331-ssec.1) If there is a change in the criminal history of a relevant person, the person must immediately disclose the details of the change to the chief executive.\n(sec.331-ssec.2) For a relevant person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history.","sortOrder":594},{"sectionNumber":"sec.332","sectionType":"section","heading":"Requirements for disclosure","content":"### sec.332 Requirements for disclosure\n\nTo comply with section 330 or 331 , a person must give the chief executive a disclosure in the approved form.\nThe information disclosed in the approved form by the person about a conviction or charge of an offence in the person’s criminal history must include—\nthe existence of the conviction or charge; and\nwhen the offence was committed or alleged to have been committed; and\nthe details of the offence or alleged offence; and\nfor a conviction—whether or not a conviction was recorded and the sentence imposed on the person.\n(sec.332-ssec.1) To comply with section 330 or 331 , a person must give the chief executive a disclosure in the approved form.\n(sec.332-ssec.2) The information disclosed in the approved form by the person about a conviction or charge of an offence in the person’s criminal history must include— the existence of the conviction or charge; and when the offence was committed or alleged to have been committed; and the details of the offence or alleged offence; and for a conviction—whether or not a conviction was recorded and the sentence imposed on the person.\n- (a) the existence of the conviction or charge; and\n- (b) when the offence was committed or alleged to have been committed; and\n- (c) the details of the offence or alleged offence; and\n- (d) for a conviction—whether or not a conviction was recorded and the sentence imposed on the person.","sortOrder":595},{"sectionNumber":"sec.333","sectionType":"section","heading":"False, misleading or incomplete disclosure or failure to disclose","content":"### sec.333 False, misleading or incomplete disclosure or failure to disclose\n\nA person must not—\ngive the chief executive an approved form under section 332 that is false, misleading or incomplete in a material particular; or\nfail to give the chief executive a disclosure as required under section 330 , unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nSubsection (1) (a) does not apply to a person in relation to particular information that the person is unable to provide if the person—\nindicates in the approved form the information that the person is unable to provide; and\notherwise gives the information in the approved form to the best of the person’s ability.\nIn a proceeding for an offence against subsection (1) (a) , it is enough for a charge to state that the disclosure was, without specifying which, false or misleading.\n(sec.333-ssec.1) A person must not— give the chief executive an approved form under section 332 that is false, misleading or incomplete in a material particular; or fail to give the chief executive a disclosure as required under section 330 , unless the person has a reasonable excuse. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.333-ssec.2) Subsection (1) (a) does not apply to a person in relation to particular information that the person is unable to provide if the person— indicates in the approved form the information that the person is unable to provide; and otherwise gives the information in the approved form to the best of the person’s ability.\n(sec.333-ssec.3) In a proceeding for an offence against subsection (1) (a) , it is enough for a charge to state that the disclosure was, without specifying which, false or misleading.\n- (a) give the chief executive an approved form under section 332 that is false, misleading or incomplete in a material particular; or\n- (b) fail to give the chief executive a disclosure as required under section 330 , unless the person has a reasonable excuse.\n- (a) indicates in the approved form the information that the person is unable to provide; and\n- (b) otherwise gives the information in the approved form to the best of the person’s ability.","sortOrder":596},{"sectionNumber":"sec.334","sectionType":"section","heading":"Chief executive may obtain report from commissioner of police service","content":"### sec.334 Chief executive may obtain report from commissioner of police service\n\nThis section applies to a person who—\nis a relevant person; or\nseeks to become a relevant person and has given the chief executive an approved form under section 332 .\nThe chief executive may ask the commissioner to give the chief executive the following information about the person—\na written report about the person’s criminal history;\na brief description of the circumstances of a conviction or charge mentioned in the person’s criminal history;\nfor a relevant person other than a visitor—information about an investigation relating to the possible commission of a serious offence by the person.\nSubject to subsections (4) and (5) , the commissioner must comply with the request.\nThe duty imposed on the commissioner to comply with the request—\napplies only to information in the commissioner’s possession or to which the commissioner has access; and\nin relation to information mentioned in subsection (2) (c) —applies only to information recorded on a central electronic database kept by the commissioner.\nThe commissioner must not give information about an investigation relating to the possible commission of a serious offence by the person if—\nthe commissioner is reasonably satisfied that giving the information—\nmay prejudice or otherwise hinder an investigation to which the information may be relevant; or\nmay lead to the identification of an informant; or\nmay affect the safety of a police officer, complainant or other person; or\nfor an investigation that has been completed—the investigation has not led, and the commissioner is reasonably satisfied it is unlikely to lead, to a reasonable suspicion that the person committed a serious offence; or\nfor an investigation that has not been completed—the commissioner is reasonably satisfied the investigation is unlikely to lead to a reasonable suspicion that the person committed a serious offence.\n(sec.334-ssec.1) This section applies to a person who— is a relevant person; or seeks to become a relevant person and has given the chief executive an approved form under section 332 .\n(sec.334-ssec.2) The chief executive may ask the commissioner to give the chief executive the following information about the person— a written report about the person’s criminal history; a brief description of the circumstances of a conviction or charge mentioned in the person’s criminal history; for a relevant person other than a visitor—information about an investigation relating to the possible commission of a serious offence by the person.\n(sec.334-ssec.3) Subject to subsections (4) and (5) , the commissioner must comply with the request.\n(sec.334-ssec.4) The duty imposed on the commissioner to comply with the request— applies only to information in the commissioner’s possession or to which the commissioner has access; and in relation to information mentioned in subsection (2) (c) —applies only to information recorded on a central electronic database kept by the commissioner.\n(sec.334-ssec.5) The commissioner must not give information about an investigation relating to the possible commission of a serious offence by the person if— the commissioner is reasonably satisfied that giving the information— may prejudice or otherwise hinder an investigation to which the information may be relevant; or may lead to the identification of an informant; or may affect the safety of a police officer, complainant or other person; or for an investigation that has been completed—the investigation has not led, and the commissioner is reasonably satisfied it is unlikely to lead, to a reasonable suspicion that the person committed a serious offence; or for an investigation that has not been completed—the commissioner is reasonably satisfied the investigation is unlikely to lead to a reasonable suspicion that the person committed a serious offence.\n- (a) is a relevant person; or\n- (b) seeks to become a relevant person and has given the chief executive an approved form under section 332 .\n- (a) a written report about the person’s criminal history;\n- (b) a brief description of the circumstances of a conviction or charge mentioned in the person’s criminal history;\n- (c) for a relevant person other than a visitor—information about an investigation relating to the possible commission of a serious offence by the person.\n- (a) applies only to information in the commissioner’s possession or to which the commissioner has access; and\n- (b) in relation to information mentioned in subsection (2) (c) —applies only to information recorded on a central electronic database kept by the commissioner.\n- (a) the commissioner is reasonably satisfied that giving the information— (i) may prejudice or otherwise hinder an investigation to which the information may be relevant; or (ii) may lead to the identification of an informant; or (iii) may affect the safety of a police officer, complainant or other person; or\n- (i) may prejudice or otherwise hinder an investigation to which the information may be relevant; or\n- (ii) may lead to the identification of an informant; or\n- (iii) may affect the safety of a police officer, complainant or other person; or\n- (b) for an investigation that has been completed—the investigation has not led, and the commissioner is reasonably satisfied it is unlikely to lead, to a reasonable suspicion that the person committed a serious offence; or\n- (c) for an investigation that has not been completed—the commissioner is reasonably satisfied the investigation is unlikely to lead to a reasonable suspicion that the person committed a serious offence.\n- (i) may prejudice or otherwise hinder an investigation to which the information may be relevant; or\n- (ii) may lead to the identification of an informant; or\n- (iii) may affect the safety of a police officer, complainant or other person; or","sortOrder":597},{"sectionNumber":"sec.335","sectionType":"section","heading":"Prosecuting authority to notify chief executive about committal, conviction etc.","content":"### sec.335 Prosecuting authority to notify chief executive about committal, conviction etc.\n\nThis section applies if a person, other than a visitor, is charged with an indictable offence and the commissioner or the director of public prosecutions (a prosecuting authority ) is aware that the person is a relevant person.\nIf the person is committed by a court for trial for an indictable offence, the prosecuting authority must, within 7 days after the committal, give written notice to the chief executive of the following—\nthe person’s name;\nthe court;\nparticulars of the offence;\nthe date of the committal;\nthe court to which the person was committed.\nIf the person is convicted before a court of an indictable offence, the prosecuting authority must, within 7 days after the conviction, give written notice to the chief executive of the following—\nthe person’s name;\nthe court;\nparticulars of the offence;\nthe date of the conviction;\nthe sentence imposed by the court.\nIf the person is convicted of an indictable offence, and has appealed the conviction, and the appeal is finally decided or has otherwise ended, the prosecuting authority must, within 7 days after the decision or the day the appeal otherwise ends, give written notice to the chief executive of the following—\nthe person’s name;\nparticulars of the offence;\nthe date of the decision or other ending of the appeal;\nif the appeal was decided—\nthe court in which it was decided; and\nparticulars of the decision.\nIf the prosecution process ends without the person being convicted of an indictable offence, the prosecuting authority must, within 7 days after the end, give written notice to the chief executive about the following—\nthe person’s name;\nif relevant, the court in which the prosecution process ended;\nparticulars of the offence;\nthe date the prosecution process ended.\nFor subsection (5) , a prosecution process ends if—\nan indictment is presented against the person and—\na nolle prosequi is entered on the indictment; or\nthe person is acquitted; or\nthe prosecution process has otherwise ended.\nA reference in this section to a conviction of an indictable offence includes a summary conviction of an indictable offence.\n(sec.335-ssec.1) This section applies if a person, other than a visitor, is charged with an indictable offence and the commissioner or the director of public prosecutions (a prosecuting authority ) is aware that the person is a relevant person.\n(sec.335-ssec.2) If the person is committed by a court for trial for an indictable offence, the prosecuting authority must, within 7 days after the committal, give written notice to the chief executive of the following— the person’s name; the court; particulars of the offence; the date of the committal; the court to which the person was committed.\n(sec.335-ssec.3) If the person is convicted before a court of an indictable offence, the prosecuting authority must, within 7 days after the conviction, give written notice to the chief executive of the following— the person’s name; the court; particulars of the offence; the date of the conviction; the sentence imposed by the court.\n(sec.335-ssec.4) If the person is convicted of an indictable offence, and has appealed the conviction, and the appeal is finally decided or has otherwise ended, the prosecuting authority must, within 7 days after the decision or the day the appeal otherwise ends, give written notice to the chief executive of the following— the person’s name; particulars of the offence; the date of the decision or other ending of the appeal; if the appeal was decided— the court in which it was decided; and particulars of the decision.\n(sec.335-ssec.5) If the prosecution process ends without the person being convicted of an indictable offence, the prosecuting authority must, within 7 days after the end, give written notice to the chief executive about the following— the person’s name; if relevant, the court in which the prosecution process ended; particulars of the offence; the date the prosecution process ended.\n(sec.335-ssec.6) For subsection (5) , a prosecution process ends if— an indictment is presented against the person and— a nolle prosequi is entered on the indictment; or the person is acquitted; or the prosecution process has otherwise ended.\n(sec.335-ssec.7) A reference in this section to a conviction of an indictable offence includes a summary conviction of an indictable offence.\n- (a) the person’s name;\n- (b) the court;\n- (c) particulars of the offence;\n- (d) the date of the committal;\n- (e) the court to which the person was committed.\n- (a) the person’s name;\n- (b) the court;\n- (c) particulars of the offence;\n- (d) the date of the conviction;\n- (e) the sentence imposed by the court.\n- (a) the person’s name;\n- (b) particulars of the offence;\n- (c) the date of the decision or other ending of the appeal;\n- (d) if the appeal was decided— (i) the court in which it was decided; and (ii) particulars of the decision.\n- (i) the court in which it was decided; and\n- (ii) particulars of the decision.\n- (i) the court in which it was decided; and\n- (ii) particulars of the decision.\n- (a) the person’s name;\n- (b) if relevant, the court in which the prosecution process ended;\n- (c) particulars of the offence;\n- (d) the date the prosecution process ended.\n- (a) an indictment is presented against the person and— (i) a nolle prosequi is entered on the indictment; or (ii) the person is acquitted; or\n- (i) a nolle prosequi is entered on the indictment; or\n- (ii) the person is acquitted; or\n- (b) the prosecution process has otherwise ended.\n- (i) a nolle prosequi is entered on the indictment; or\n- (ii) the person is acquitted; or","sortOrder":598},{"sectionNumber":"sec.336","sectionType":"section","heading":"Use of information obtained under this division","content":"### sec.336 Use of information obtained under this division\n\nThis section applies to the chief executive in considering information about a person received under this division.\nThe information must be used only for the purposes of this division.\nWhen making the assessment, the chief executive must have regard to the following matters relating to information about the commission, or alleged or possible commission, of an offence by the person—\nwhen the offence was committed, is alleged to have been committed or may possibly have been committed;\nthe nature of the offence and its relevance to—\nfor a person mentioned in section 327 , definition relevant person , paragraph (a) (i) , (ii) or (iii) —the person’s proposed duties or duties under this Act; or\nfor a person mentioned in section 327 , definition relevant person , paragraph (b) —any risk posed by the person to the security or good order of a corrective services facility;\nanything else the chief executive considers relevant to the assessment of the person.\ns 336 amd 2024 No. 25 s 31\n(sec.336-ssec.1) This section applies to the chief executive in considering information about a person received under this division.\n(sec.336-ssec.2) The information must be used only for the purposes of this division.\n(sec.336-ssec.3) When making the assessment, the chief executive must have regard to the following matters relating to information about the commission, or alleged or possible commission, of an offence by the person— when the offence was committed, is alleged to have been committed or may possibly have been committed; the nature of the offence and its relevance to— for a person mentioned in section 327 , definition relevant person , paragraph (a) (i) , (ii) or (iii) —the person’s proposed duties or duties under this Act; or for a person mentioned in section 327 , definition relevant person , paragraph (b) —any risk posed by the person to the security or good order of a corrective services facility; anything else the chief executive considers relevant to the assessment of the person.\n- (a) when the offence was committed, is alleged to have been committed or may possibly have been committed;\n- (b) the nature of the offence and its relevance to— (i) for a person mentioned in section 327 , definition relevant person , paragraph (a) (i) , (ii) or (iii) —the person’s proposed duties or duties under this Act; or (ii) for a person mentioned in section 327 , definition relevant person , paragraph (b) —any risk posed by the person to the security or good order of a corrective services facility;\n- (i) for a person mentioned in section 327 , definition relevant person , paragraph (a) (i) , (ii) or (iii) —the person’s proposed duties or duties under this Act; or\n- (ii) for a person mentioned in section 327 , definition relevant person , paragraph (b) —any risk posed by the person to the security or good order of a corrective services facility;\n- (c) anything else the chief executive considers relevant to the assessment of the person.\n- (i) for a person mentioned in section 327 , definition relevant person , paragraph (a) (i) , (ii) or (iii) —the person’s proposed duties or duties under this Act; or\n- (ii) for a person mentioned in section 327 , definition relevant person , paragraph (b) —any risk posed by the person to the security or good order of a corrective services facility;","sortOrder":599},{"sectionNumber":"sec.337","sectionType":"section","heading":"Person to be advised of information obtained","content":"### sec.337 Person to be advised of information obtained\n\nThis section applies to information obtained by the chief executive about a person, under this division, from the commissioner.\nBefore using the information to assess the person’s suitability to be, or continue to be, a relevant person, the chief executive must—\ndisclose the information to the person; and\nallow the person a reasonable opportunity to make representations to the chief executive about the information.\n(sec.337-ssec.1) This section applies to information obtained by the chief executive about a person, under this division, from the commissioner.\n(sec.337-ssec.2) Before using the information to assess the person’s suitability to be, or continue to be, a relevant person, the chief executive must— disclose the information to the person; and allow the person a reasonable opportunity to make representations to the chief executive about the information.\n- (a) disclose the information to the person; and\n- (b) allow the person a reasonable opportunity to make representations to the chief executive about the information.","sortOrder":600},{"sectionNumber":"sec.338","sectionType":"section","heading":"Reconsidering decision","content":"### sec.338 Reconsidering decision\n\nThis section applies if the chief executive decides that a person is not suitable to be, or continue to be, a relevant person.\nThe person may, within 7 days after being given notice of the decision, apply in writing to the chief executive for a reconsideration of the decision.\nAfter reconsidering the decision, the chief executive may confirm or change the decision.\n(sec.338-ssec.1) This section applies if the chief executive decides that a person is not suitable to be, or continue to be, a relevant person.\n(sec.338-ssec.2) The person may, within 7 days after being given notice of the decision, apply in writing to the chief executive for a reconsideration of the decision.\n(sec.338-ssec.3) After reconsidering the decision, the chief executive may confirm or change the decision.","sortOrder":601},{"sectionNumber":"sec.339","sectionType":"section","heading":"Confidentiality","content":"### sec.339 Confidentiality\n\nThis section applies to a person who—\nis, or has been, a public service employee in the department or a selection panel member; and\nin that capacity acquired information, or gained access to a document, under this division about someone else’s criminal history or about an investigation relating to the possible commission of a serious offence by someone else.\nThe person must not disclose the information, or give access to the document, to anyone else.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nSubsection (2) does not apply to the disclosure of information, or giving of access to a document, about a person—\nto a public service employee in the department, or a selection panel member, for the purpose of assessing the person’s suitability to be, or continue to be, a relevant person; or\nwith the person’s consent; or\nif the disclosure or giving of access is otherwise required under an Act.\nIn this section—\nselection panel member means a member of a panel formed to make a recommendation to the chief executive about a person becoming, or being promoted as, a relevant person.\n(sec.339-ssec.1) This section applies to a person who— is, or has been, a public service employee in the department or a selection panel member; and in that capacity acquired information, or gained access to a document, under this division about someone else’s criminal history or about an investigation relating to the possible commission of a serious offence by someone else.\n(sec.339-ssec.2) The person must not disclose the information, or give access to the document, to anyone else. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.339-ssec.3) Subsection (2) does not apply to the disclosure of information, or giving of access to a document, about a person— to a public service employee in the department, or a selection panel member, for the purpose of assessing the person’s suitability to be, or continue to be, a relevant person; or with the person’s consent; or if the disclosure or giving of access is otherwise required under an Act.\n(sec.339-ssec.4) In this section— selection panel member means a member of a panel formed to make a recommendation to the chief executive about a person becoming, or being promoted as, a relevant person.\n- (a) is, or has been, a public service employee in the department or a selection panel member; and\n- (b) in that capacity acquired information, or gained access to a document, under this division about someone else’s criminal history or about an investigation relating to the possible commission of a serious offence by someone else.\n- (a) to a public service employee in the department, or a selection panel member, for the purpose of assessing the person’s suitability to be, or continue to be, a relevant person; or\n- (b) with the person’s consent; or\n- (c) if the disclosure or giving of access is otherwise required under an Act.","sortOrder":602},{"sectionNumber":"sec.340","sectionType":"section","heading":"Guidelines for dealing with information","content":"### sec.340 Guidelines for dealing with information\n\nThe chief executive must make guidelines, consistent with this Act, for dealing with information obtained by the chief executive under this division.\nThe purpose of the guidelines is to ensure—\nnatural justice is afforded to the persons about whom the information is obtained; and\nonly relevant information is used in assessing the persons’ suitability to be, or continue to be, relevant persons; and\ndecisions about the suitability of persons, based on the information, are made consistently.\nThe chief executive must give a copy of the guidelines, on request, to a person seeking to become a relevant person.\n(sec.340-ssec.1) The chief executive must make guidelines, consistent with this Act, for dealing with information obtained by the chief executive under this division.\n(sec.340-ssec.2) The purpose of the guidelines is to ensure— natural justice is afforded to the persons about whom the information is obtained; and only relevant information is used in assessing the persons’ suitability to be, or continue to be, relevant persons; and decisions about the suitability of persons, based on the information, are made consistently.\n(sec.340-ssec.3) The chief executive must give a copy of the guidelines, on request, to a person seeking to become a relevant person.\n- (a) natural justice is afforded to the persons about whom the information is obtained; and\n- (b) only relevant information is used in assessing the persons’ suitability to be, or continue to be, relevant persons; and\n- (c) decisions about the suitability of persons, based on the information, are made consistently.","sortOrder":603},{"sectionNumber":"ch.6-pt.13-div.3","sectionType":"division","heading":"Other provisions about information","content":"## Other provisions about information","sortOrder":604},{"sectionNumber":"sec.340AA","sectionType":"section","heading":"Sensitive information that need not be included in reasons","content":"### sec.340AA Sensitive information that need not be included in reasons\n\nA decision-maker need not, in giving reasons for a decision or proposed decision made under this Act, disclose anything that the decision-maker is satisfied could reasonably be expected to—\nenable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or\nendanger a person’s life or physical safety; or\nseriously threaten a person’s welfare; or\nprejudice public safety or national security; or\nprejudice the detection, investigation or prosecution by a law enforcement agency of—\na terrorism offence; or\nan offence with a maximum penalty of 14 years or more imprisonment; or\nanother offence prescribed by regulation for this section; or\nbe prohibited under a law of this or another State or the Commonwealth.\nIn deciding whether to rely on subsection (1) , the decision-maker must weigh the need to avoid the reasonably expected consequences of disclosure mentioned in subsection (1) against the need to avoid unfairness to an individual that the decision-maker is satisfied could reasonably be expected as a consequence of non-disclosure.\nIf a decision-maker relies on subsection (1) , the decision-maker must keep a written record of the decision to rely on the subsection and the reasons for the decision.\nThe contents of the record may only be disclosed—\nto a court for the purpose of a proceeding relating to the decision or proposed decision; or\nwith the approval of the chief executive.\nThe court must ensure that the contents of the record are not disclosed except to a member of the court as constituted for the purpose of the proceeding.\nIn this section—\ndecision-maker means—\nthe parole board; or\na person required or authorised to make a decision under this Act.\ns 340AA ins 2024 No. 25 s 32\n(sec.340AA-ssec.1) A decision-maker need not, in giving reasons for a decision or proposed decision made under this Act, disclose anything that the decision-maker is satisfied could reasonably be expected to— enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or endanger a person’s life or physical safety; or seriously threaten a person’s welfare; or prejudice public safety or national security; or prejudice the detection, investigation or prosecution by a law enforcement agency of— a terrorism offence; or an offence with a maximum penalty of 14 years or more imprisonment; or another offence prescribed by regulation for this section; or be prohibited under a law of this or another State or the Commonwealth.\n(sec.340AA-ssec.1A) In deciding whether to rely on subsection (1) , the decision-maker must weigh the need to avoid the reasonably expected consequences of disclosure mentioned in subsection (1) against the need to avoid unfairness to an individual that the decision-maker is satisfied could reasonably be expected as a consequence of non-disclosure.\n(sec.340AA-ssec.1B) If a decision-maker relies on subsection (1) , the decision-maker must keep a written record of the decision to rely on the subsection and the reasons for the decision.\n(sec.340AA-ssec.1C) The contents of the record may only be disclosed— to a court for the purpose of a proceeding relating to the decision or proposed decision; or with the approval of the chief executive.\n(sec.340AA-ssec.1D) The court must ensure that the contents of the record are not disclosed except to a member of the court as constituted for the purpose of the proceeding.\n(sec.340AA-ssec.2) In this section— decision-maker means— the parole board; or a person required or authorised to make a decision under this Act.\n- (a) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or\n- (b) endanger a person’s life or physical safety; or\n- (c) seriously threaten a person’s welfare; or\n- (d) prejudice public safety or national security; or\n- (e) prejudice the detection, investigation or prosecution by a law enforcement agency of— (i) a terrorism offence; or (ii) an offence with a maximum penalty of 14 years or more imprisonment; or (iii) another offence prescribed by regulation for this section; or\n- (i) a terrorism offence; or\n- (ii) an offence with a maximum penalty of 14 years or more imprisonment; or\n- (iii) another offence prescribed by regulation for this section; or\n- (f) be prohibited under a law of this or another State or the Commonwealth.\n- (i) a terrorism offence; or\n- (ii) an offence with a maximum penalty of 14 years or more imprisonment; or\n- (iii) another offence prescribed by regulation for this section; or\n- (a) to a court for the purpose of a proceeding relating to the decision or proposed decision; or\n- (b) with the approval of the chief executive.\n- (a) the parole board; or\n- (b) a person required or authorised to make a decision under this Act.","sortOrder":605},{"sectionNumber":"sec.340A","sectionType":"section","heading":"Sensitive information from law enforcement agencies","content":"### sec.340A Sensitive information from law enforcement agencies\n\nThis section applies to a person (the informed person ) who has obtained access to either of the following sensitive law enforcement information, whether before or after the commencement of this section—\nsensitive law enforcement information that the chief executive has obtained from a law enforcement agency;\nsensitive law enforcement information in the possession of a law enforcement agency that the chief executive has accessed under an arrangement with the agency.\nThe informed person must not disclose the sensitive law enforcement information to another person or make a record of the information, other than as authorised under subsection (3) .\nMaximum penalty—100 penalty units or 2 years imprisonment.\nThe informed person may disclose the sensitive law enforcement information or make a record of the information—\nfor the purpose for which the information was given to the chief executive; or\nwith the approval of the law enforcement agency that provided the information; or\nif the use or disclosure of the information is likely to prevent a serious threat to a person’s life, health or safety.\nIn this section—\nsensitive law enforcement information means—\ninformation that, if disclosed, could reasonably be expected to—\nenable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or\nendanger a person’s life or physical safety; or\nresult in a person being subjected to a serious act of harassment or intimidation; or\nprejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or\nprejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or\nendanger the security of a building, structure or vehicle; or\nprejudice a system or procedure for the protection of persons, property or the environment; or\nfacilitate a person’s escape from lawful custody; or\ninformation that—\nconsists of information given in the course of an investigation of a contravention or possible contravention of a law; and\nwas given under compulsion under an Act that abrogated the privilege against self-incrimination; or\ninformation obtained, used or prepared—\nfor an investigation by a part of the police service known as the State Intelligence Group; or\nfor an investigation by a part of the police service known as the State Security Operations Group; or\nby Crime Stoppers Queensland Limited ACN 010 995 650.\ns 340A ins 2023 No. 14 s 31\n(sec.340A-ssec.1) This section applies to a person (the informed person ) who has obtained access to either of the following sensitive law enforcement information, whether before or after the commencement of this section— sensitive law enforcement information that the chief executive has obtained from a law enforcement agency; sensitive law enforcement information in the possession of a law enforcement agency that the chief executive has accessed under an arrangement with the agency.\n(sec.340A-ssec.2) The informed person must not disclose the sensitive law enforcement information to another person or make a record of the information, other than as authorised under subsection (3) . Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.340A-ssec.3) The informed person may disclose the sensitive law enforcement information or make a record of the information— for the purpose for which the information was given to the chief executive; or with the approval of the law enforcement agency that provided the information; or if the use or disclosure of the information is likely to prevent a serious threat to a person’s life, health or safety.\n(sec.340A-ssec.4) In this section— sensitive law enforcement information means— information that, if disclosed, could reasonably be expected to— enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or endanger a person’s life or physical safety; or result in a person being subjected to a serious act of harassment or intimidation; or prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or endanger the security of a building, structure or vehicle; or prejudice a system or procedure for the protection of persons, property or the environment; or facilitate a person’s escape from lawful custody; or information that— consists of information given in the course of an investigation of a contravention or possible contravention of a law; and was given under compulsion under an Act that abrogated the privilege against self-incrimination; or information obtained, used or prepared— for an investigation by a part of the police service known as the State Intelligence Group; or for an investigation by a part of the police service known as the State Security Operations Group; or by Crime Stoppers Queensland Limited ACN 010 995 650.\n- (a) sensitive law enforcement information that the chief executive has obtained from a law enforcement agency;\n- (b) sensitive law enforcement information in the possession of a law enforcement agency that the chief executive has accessed under an arrangement with the agency.\n- (a) for the purpose for which the information was given to the chief executive; or\n- (b) with the approval of the law enforcement agency that provided the information; or\n- (c) if the use or disclosure of the information is likely to prevent a serious threat to a person’s life, health or safety.\n- (a) information that, if disclosed, could reasonably be expected to— (i) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or (ii) endanger a person’s life or physical safety; or (iii) result in a person being subjected to a serious act of harassment or intimidation; or (iv) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or (v) prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or (vi) endanger the security of a building, structure or vehicle; or (vii) prejudice a system or procedure for the protection of persons, property or the environment; or (viii) facilitate a person’s escape from lawful custody; or\n- (i) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or\n- (ii) endanger a person’s life or physical safety; or\n- (iii) result in a person being subjected to a serious act of harassment or intimidation; or\n- (iv) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or\n- (v) prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or\n- (vi) endanger the security of a building, structure or vehicle; or\n- (vii) prejudice a system or procedure for the protection of persons, property or the environment; or\n- (viii) facilitate a person’s escape from lawful custody; or\n- (b) information that— (i) consists of information given in the course of an investigation of a contravention or possible contravention of a law; and (ii) was given under compulsion under an Act that abrogated the privilege against self-incrimination; or\n- (i) consists of information given in the course of an investigation of a contravention or possible contravention of a law; and\n- (ii) was given under compulsion under an Act that abrogated the privilege against self-incrimination; or\n- (c) information obtained, used or prepared— (i) for an investigation by a part of the police service known as the State Intelligence Group; or (ii) for an investigation by a part of the police service known as the State Security Operations Group; or (iii) by Crime Stoppers Queensland Limited ACN 010 995 650.\n- (i) for an investigation by a part of the police service known as the State Intelligence Group; or\n- (ii) for an investigation by a part of the police service known as the State Security Operations Group; or\n- (iii) by Crime Stoppers Queensland Limited ACN 010 995 650.\n- (i) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or\n- (ii) endanger a person’s life or physical safety; or\n- (iii) result in a person being subjected to a serious act of harassment or intimidation; or\n- (iv) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or\n- (v) prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or\n- (vi) endanger the security of a building, structure or vehicle; or\n- (vii) prejudice a system or procedure for the protection of persons, property or the environment; or\n- (viii) facilitate a person’s escape from lawful custody; or\n- (i) consists of information given in the course of an investigation of a contravention or possible contravention of a law; and\n- (ii) was given under compulsion under an Act that abrogated the privilege against self-incrimination; or\n- (i) for an investigation by a part of the police service known as the State Intelligence Group; or\n- (ii) for an investigation by a part of the police service known as the State Security Operations Group; or\n- (iii) by Crime Stoppers Queensland Limited ACN 010 995 650.","sortOrder":606},{"sectionNumber":"sec.341","sectionType":"section","heading":"Confidential information","content":"### sec.341 Confidential information\n\nThis section applies to either of the following (each of whom is an informed person )—\na person who is performing or has performed a function under this Act or any of the repealed Acts, or is or was otherwise engaged in the administration of this Act or any of the repealed Acts;\na person who has obtained access to confidential information, whether before or after the commencement of this section and whether directly or indirectly, from a person mentioned in paragraph (a) .\nThe informed person must not disclose confidential information acquired by the informed person to anyone else other than under subsection (3) or section 340A (3) .\nMaximum penalty—100 penalty units or 2 years imprisonment.\nThe informed person may disclose confidential information—\nfor the purposes of this Act; or\nto discharge a function under another law or if it is otherwise authorised under another law; or\nfor a proceeding in a court, if the informed person is required to do so by order of the court or otherwise by law; or\nfor confidential information that consists of a person’s private details—if authorised by the person to whom the information relates; or\nif authorised by the chief executive because—\na person’s life or physical safety could otherwise reasonably be expected to be endangered; or\nit is otherwise in the public interest; or\nif the information merely informs someone—\nof the corrective services facility in which a prisoner is being held in custody; or\nfor an offender who is subject to a parole order or a community based order—that the offender is subject to the order; or\nto a health practitioner if—\nthe confidential information relates to a prisoner; and\nthe informed person reasonably believes the disclosure is relevant for the care, treatment or rehabilitation of the prisoner; or\nif the confidential information relates to the condition of a prisoner and is communicated in general terms; or\na corrective services officer at a corrective services facility discloses that a prisoner is in a detention unit or in transit to a hospital\nfor confidential information that relates to an offender—to a corrective service of another State or foreign country if the information is relevant to support the supervision or management of the offender; or\nto a law enforcement agency for a function of the agency.\nSubsection (3) (h) does not apply to—\na prisoner who is released on parole; or\na supervised dangerous prisoner (sexual offender).\nIn this section—\nconfidential information —\nincludes information—\nabout a person’s private details; or\nthat could reasonably be expected to pose a risk to the security or good order of a corrective services facility; or\nthat could reasonably be expected to endanger anyone’s life or health, including psychological health; or\nthat could reasonably be expected to prejudice the effectiveness of a test or audit; or\nthat could reasonably be expected to divulge the identity of an informant or a confidential source of information; or\nthat could reasonably be expected to disclose an expert’s advice or recommendation about an offender; or\nthat could reasonably be expected to prejudice a law enforcement agency’s investigation; or\nthat could have a serious adverse effect on the commercial interests, or reveal commercial-in-confidence interests, of an engaged service provider; but\ndoes not include—\ninformation already disclosed to the general public, unless further disclosure of the information is prohibited by law; or\nstatistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.\ncorrective service , of another State or a foreign country, means an entity in that State or foreign country that has the function of detaining, housing, supervising or reporting on prisoners or other persons held in custody by that State or foreign country.\nprivate details of a person includes the person’s identity, private residential address or contact details.\ns 341 amd 2023 No. 14 s 32\n(sec.341-ssec.1) This section applies to either of the following (each of whom is an informed person )— a person who is performing or has performed a function under this Act or any of the repealed Acts, or is or was otherwise engaged in the administration of this Act or any of the repealed Acts; a person who has obtained access to confidential information, whether before or after the commencement of this section and whether directly or indirectly, from a person mentioned in paragraph (a) .\n(sec.341-ssec.2) The informed person must not disclose confidential information acquired by the informed person to anyone else other than under subsection (3) or section 340A (3) . Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.341-ssec.3) The informed person may disclose confidential information— for the purposes of this Act; or to discharge a function under another law or if it is otherwise authorised under another law; or for a proceeding in a court, if the informed person is required to do so by order of the court or otherwise by law; or for confidential information that consists of a person’s private details—if authorised by the person to whom the information relates; or if authorised by the chief executive because— a person’s life or physical safety could otherwise reasonably be expected to be endangered; or it is otherwise in the public interest; or if the information merely informs someone— of the corrective services facility in which a prisoner is being held in custody; or for an offender who is subject to a parole order or a community based order—that the offender is subject to the order; or to a health practitioner if— the confidential information relates to a prisoner; and the informed person reasonably believes the disclosure is relevant for the care, treatment or rehabilitation of the prisoner; or if the confidential information relates to the condition of a prisoner and is communicated in general terms; or a corrective services officer at a corrective services facility discloses that a prisoner is in a detention unit or in transit to a hospital for confidential information that relates to an offender—to a corrective service of another State or foreign country if the information is relevant to support the supervision or management of the offender; or to a law enforcement agency for a function of the agency.\n(sec.341-ssec.4) Subsection (3) (h) does not apply to— a prisoner who is released on parole; or a supervised dangerous prisoner (sexual offender).\n(sec.341-ssec.5) In this section— confidential information — includes information— about a person’s private details; or that could reasonably be expected to pose a risk to the security or good order of a corrective services facility; or that could reasonably be expected to endanger anyone’s life or health, including psychological health; or that could reasonably be expected to prejudice the effectiveness of a test or audit; or that could reasonably be expected to divulge the identity of an informant or a confidential source of information; or that could reasonably be expected to disclose an expert’s advice or recommendation about an offender; or that could reasonably be expected to prejudice a law enforcement agency’s investigation; or that could have a serious adverse effect on the commercial interests, or reveal commercial-in-confidence interests, of an engaged service provider; but does not include— information already disclosed to the general public, unless further disclosure of the information is prohibited by law; or statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates. corrective service , of another State or a foreign country, means an entity in that State or foreign country that has the function of detaining, housing, supervising or reporting on prisoners or other persons held in custody by that State or foreign country. private details of a person includes the person’s identity, private residential address or contact details.\n- (a) a person who is performing or has performed a function under this Act or any of the repealed Acts, or is or was otherwise engaged in the administration of this Act or any of the repealed Acts;\n- (b) a person who has obtained access to confidential information, whether before or after the commencement of this section and whether directly or indirectly, from a person mentioned in paragraph (a) .\n- (a) for the purposes of this Act; or\n- (b) to discharge a function under another law or if it is otherwise authorised under another law; or\n- (c) for a proceeding in a court, if the informed person is required to do so by order of the court or otherwise by law; or\n- (d) for confidential information that consists of a person’s private details—if authorised by the person to whom the information relates; or\n- (e) if authorised by the chief executive because— (i) a person’s life or physical safety could otherwise reasonably be expected to be endangered; or (ii) it is otherwise in the public interest; or\n- (i) a person’s life or physical safety could otherwise reasonably be expected to be endangered; or\n- (ii) it is otherwise in the public interest; or\n- (f) if the information merely informs someone— (i) of the corrective services facility in which a prisoner is being held in custody; or (ii) for an offender who is subject to a parole order or a community based order—that the offender is subject to the order; or\n- (i) of the corrective services facility in which a prisoner is being held in custody; or\n- (ii) for an offender who is subject to a parole order or a community based order—that the offender is subject to the order; or\n- (g) to a health practitioner if— (i) the confidential information relates to a prisoner; and (ii) the informed person reasonably believes the disclosure is relevant for the care, treatment or rehabilitation of the prisoner; or\n- (i) the confidential information relates to a prisoner; and\n- (ii) the informed person reasonably believes the disclosure is relevant for the care, treatment or rehabilitation of the prisoner; or\n- (h) if the confidential information relates to the condition of a prisoner and is communicated in general terms; or Example of communicated in general terms— a corrective services officer at a corrective services facility discloses that a prisoner is in a detention unit or in transit to a hospital\n- (i) for confidential information that relates to an offender—to a corrective service of another State or foreign country if the information is relevant to support the supervision or management of the offender; or\n- (j) to a law enforcement agency for a function of the agency.\n- (i) a person’s life or physical safety could otherwise reasonably be expected to be endangered; or\n- (ii) it is otherwise in the public interest; or\n- (i) of the corrective services facility in which a prisoner is being held in custody; or\n- (ii) for an offender who is subject to a parole order or a community based order—that the offender is subject to the order; or\n- (i) the confidential information relates to a prisoner; and\n- (ii) the informed person reasonably believes the disclosure is relevant for the care, treatment or rehabilitation of the prisoner; or\n- (a) a prisoner who is released on parole; or\n- (b) a supervised dangerous prisoner (sexual offender).\n- (a) includes information— (i) about a person’s private details; or (ii) that could reasonably be expected to pose a risk to the security or good order of a corrective services facility; or (iii) that could reasonably be expected to endanger anyone’s life or health, including psychological health; or (iv) that could reasonably be expected to prejudice the effectiveness of a test or audit; or (v) that could reasonably be expected to divulge the identity of an informant or a confidential source of information; or (vi) that could reasonably be expected to disclose an expert’s advice or recommendation about an offender; or (vii) that could reasonably be expected to prejudice a law enforcement agency’s investigation; or (viii) that could have a serious adverse effect on the commercial interests, or reveal commercial-in-confidence interests, of an engaged service provider; but\n- (i) about a person’s private details; or\n- (ii) that could reasonably be expected to pose a risk to the security or good order of a corrective services facility; or\n- (iii) that could reasonably be expected to endanger anyone’s life or health, including psychological health; or\n- (iv) that could reasonably be expected to prejudice the effectiveness of a test or audit; or\n- (v) that could reasonably be expected to divulge the identity of an informant or a confidential source of information; or\n- (vi) that could reasonably be expected to disclose an expert’s advice or recommendation about an offender; or\n- (vii) that could reasonably be expected to prejudice a law enforcement agency’s investigation; or\n- (viii) that could have a serious adverse effect on the commercial interests, or reveal commercial-in-confidence interests, of an engaged service provider; but\n- (b) does not include— (i) information already disclosed to the general public, unless further disclosure of the information is prohibited by law; or (ii) statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.\n- (i) information already disclosed to the general public, unless further disclosure of the information is prohibited by law; or\n- (ii) statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.\n- (i) about a person’s private details; or\n- (ii) that could reasonably be expected to pose a risk to the security or good order of a corrective services facility; or\n- (iii) that could reasonably be expected to endanger anyone’s life or health, including psychological health; or\n- (iv) that could reasonably be expected to prejudice the effectiveness of a test or audit; or\n- (v) that could reasonably be expected to divulge the identity of an informant or a confidential source of information; or\n- (vi) that could reasonably be expected to disclose an expert’s advice or recommendation about an offender; or\n- (vii) that could reasonably be expected to prejudice a law enforcement agency’s investigation; or\n- (viii) that could have a serious adverse effect on the commercial interests, or reveal commercial-in-confidence interests, of an engaged service provider; but\n- (i) information already disclosed to the general public, unless further disclosure of the information is prohibited by law; or\n- (ii) statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.","sortOrder":607},{"sectionNumber":"sec.341A","sectionType":"section","heading":"Chief executive may give registrar particular information","content":"### sec.341A Chief executive may give registrar particular information\n\nThe chief executive may inform the registrar under the Births, Deaths and Marriages Registration Act 2023 that an identified person—\nis in a corrective services facility for detention; or\nis released on parole; or\nis subject to a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 .\ns 341A ins 2023 No. 17 s 167\n- (a) is in a corrective services facility for detention; or\n- (b) is released on parole; or\n- (c) is subject to a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 .","sortOrder":608},{"sectionNumber":"sec.342","sectionType":"section","heading":"Commissioner to provide offender’s criminal history","content":"### sec.342 Commissioner to provide offender’s criminal history\n\nThe chief executive may ask the commissioner to give the chief executive, for use under this Act and the Penalties and Sentences Act 1992 , a report about the criminal history of an offender.\nThe commissioner must give the chief executive a written report about the criminal history that—\nis in the commissioner’s possession; or\nthe commissioner can access through arrangements with the police service of another State.\nThe chief executive may give information in the report to—\nthe person in charge of an institution (including in another State) to which a prisoner is, or is to be, transferred under an Act; or\na designated authority under the Parole Orders (Transfer) Act 1984 , section 7 (1) ; or\na proper authority under the Penalties and Sentences Act 1992 , section 136 (2) ; or\nthe parole board.\nThe information in the report may include a reference to, or a disclosure of, a conviction referred to in the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 .\ns 342 amd 2017 No. 15 s 24 sch 1\n(sec.342-ssec.1) The chief executive may ask the commissioner to give the chief executive, for use under this Act and the Penalties and Sentences Act 1992 , a report about the criminal history of an offender.\n(sec.342-ssec.2) The commissioner must give the chief executive a written report about the criminal history that— is in the commissioner’s possession; or the commissioner can access through arrangements with the police service of another State.\n(sec.342-ssec.3) The chief executive may give information in the report to— the person in charge of an institution (including in another State) to which a prisoner is, or is to be, transferred under an Act; or a designated authority under the Parole Orders (Transfer) Act 1984 , section 7 (1) ; or a proper authority under the Penalties and Sentences Act 1992 , section 136 (2) ; or the parole board.\n(sec.342-ssec.4) The information in the report may include a reference to, or a disclosure of, a conviction referred to in the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 .\n- (a) is in the commissioner’s possession; or\n- (b) the commissioner can access through arrangements with the police service of another State.\n- (a) the person in charge of an institution (including in another State) to which a prisoner is, or is to be, transferred under an Act; or\n- (b) a designated authority under the Parole Orders (Transfer) Act 1984 , section 7 (1) ; or\n- (c) a proper authority under the Penalties and Sentences Act 1992 , section 136 (2) ; or\n- (d) the parole board.","sortOrder":609},{"sectionNumber":"sec.343","sectionType":"section","heading":"Traffic history","content":"### sec.343 Traffic history\n\nThe chief executive may ask the transport chief executive to give the chief executive a report about an offender’s traffic history for use under this Act and the Penalties and Sentences Act 1992 .\nThe transport chief executive must give the chief executive a written report about the traffic history that—\nis in the transport chief executive’s possession; or\nthe transport chief executive can access through arrangements with a government department of another State.\nThe chief executive may give information in the report to—\nthe person in charge of an institution (including in another State) to which a prisoner is, or is to be, transferred under an Act; or\na designated authority under the Parole Orders (Transfer) Act 1984 , section 7 (1) ; or\na proper authority under the Penalties and Sentences Act 1992 , section 136 (2) ; or\nthe parole board.\nThe information in the report may include a reference to, or a disclosure of, a conviction referred to in the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 .\nIn this section—\ntraffic history of an offender means the offender’s traffic history under the Transport Operations (Road Use Management) Act 1995 .\ntransport chief executive means the chief executive of the department in which the Transport Operations (Road Use Management) Act 1995 is administered.\ns 343 amd 2017 No. 15 s 24 sch 1\n(sec.343-ssec.1) The chief executive may ask the transport chief executive to give the chief executive a report about an offender’s traffic history for use under this Act and the Penalties and Sentences Act 1992 .\n(sec.343-ssec.2) The transport chief executive must give the chief executive a written report about the traffic history that— is in the transport chief executive’s possession; or the transport chief executive can access through arrangements with a government department of another State.\n(sec.343-ssec.3) The chief executive may give information in the report to— the person in charge of an institution (including in another State) to which a prisoner is, or is to be, transferred under an Act; or a designated authority under the Parole Orders (Transfer) Act 1984 , section 7 (1) ; or a proper authority under the Penalties and Sentences Act 1992 , section 136 (2) ; or the parole board.\n(sec.343-ssec.4) The information in the report may include a reference to, or a disclosure of, a conviction referred to in the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 .\n(sec.343-ssec.5) In this section— traffic history of an offender means the offender’s traffic history under the Transport Operations (Road Use Management) Act 1995 . transport chief executive means the chief executive of the department in which the Transport Operations (Road Use Management) Act 1995 is administered.\n- (a) is in the transport chief executive’s possession; or\n- (b) the transport chief executive can access through arrangements with a government department of another State.\n- (a) the person in charge of an institution (including in another State) to which a prisoner is, or is to be, transferred under an Act; or\n- (b) a designated authority under the Parole Orders (Transfer) Act 1984 , section 7 (1) ; or\n- (c) a proper authority under the Penalties and Sentences Act 1992 , section 136 (2) ; or\n- (d) the parole board.","sortOrder":610},{"sectionNumber":"sec.344","sectionType":"section","heading":"Pre-sentence report","content":"### sec.344 Pre-sentence report\n\nWhen required to do so by a court, the chief executive must prepare a pre-sentence report for the court about a stated person convicted of an offence.\nA pre-sentence report may, for example, state the person’s criminal or traffic history obtained under section 342 or 343 .\nIf the court proposes to grant bail to the person, the court must order the person to report to the chief executive within a stated time.\nThe pre-sentence report must be—\ngiven to the court within 28 days; and\nif the report is in writing, given in triplicate.\nThe court must give a copy of a pre-sentence report to—\nthe prosecution; and\nthe convicted person’s lawyers.\nThe court must ensure the prosecution and lawyers have sufficient time before the proceedings to consider and respond to the report.\nThe court may order that the report, or part of the report, not be shown to the convicted person.\nThe copy of the report must be returned to the court before the end of the proceedings.\nA report purporting to be a pre-sentence report made by the chief executive is evidence of the matters contained in it.\nAn objection must not be taken or allowed to the evidence on the ground that it is hearsay.\n(sec.344-ssec.1) When required to do so by a court, the chief executive must prepare a pre-sentence report for the court about a stated person convicted of an offence.\n(sec.344-ssec.2) A pre-sentence report may, for example, state the person’s criminal or traffic history obtained under section 342 or 343 .\n(sec.344-ssec.3) If the court proposes to grant bail to the person, the court must order the person to report to the chief executive within a stated time.\n(sec.344-ssec.4) The pre-sentence report must be— given to the court within 28 days; and if the report is in writing, given in triplicate.\n(sec.344-ssec.5) The court must give a copy of a pre-sentence report to— the prosecution; and the convicted person’s lawyers.\n(sec.344-ssec.6) The court must ensure the prosecution and lawyers have sufficient time before the proceedings to consider and respond to the report.\n(sec.344-ssec.7) The court may order that the report, or part of the report, not be shown to the convicted person.\n(sec.344-ssec.8) The copy of the report must be returned to the court before the end of the proceedings.\n(sec.344-ssec.9) A report purporting to be a pre-sentence report made by the chief executive is evidence of the matters contained in it.\n(sec.344-ssec.10) An objection must not be taken or allowed to the evidence on the ground that it is hearsay.\n- (a) given to the court within 28 days; and\n- (b) if the report is in writing, given in triplicate.\n- (a) the prosecution; and\n- (b) the convicted person’s lawyers.","sortOrder":611},{"sectionNumber":"sec.344AA","sectionType":"section","heading":"Notification before participation in a program or service","content":"### sec.344AA Notification before participation in a program or service\n\nThis section applies if a prisoner is being detained on remand for an offence.\nBefore the prisoner participates in any program or service established or facilitated under section 266 , the chief executive must ensure the prisoner is told if the program or service is an ineligible program or service under section 344AB (7) .\ns 344AA prev s 344AA ins 2013 No. 64 s 17\nom 2016 No. 62 s 26\npres s 344AA ins 2024 No. 48 s 6\n(sec.344AA-ssec.1) This section applies if a prisoner is being detained on remand for an offence.\n(sec.344AA-ssec.2) Before the prisoner participates in any program or service established or facilitated under section 266 , the chief executive must ensure the prisoner is told if the program or service is an ineligible program or service under section 344AB (7) .","sortOrder":612},{"sectionNumber":"sec.344AB","sectionType":"section","heading":"Participation in a program or service not to be used in evidence","content":"### sec.344AB Participation in a program or service not to be used in evidence\n\nThis section applies if—\na prisoner is being detained on remand for an offence; and\nthe prisoner participates in a section 266 program or service.\nThe following are not admissible in evidence against the prisoner in any civil, criminal or administrative proceeding for the facts constituting the alleged offence for which the prisoner is detained on remand—\nan admission made by the prisoner in the course of, for the purpose of, or as a condition of, participating in a section 266 program or service;\nevidence directly or indirectly derived from an admission mentioned in paragraph (a) .\nSubsection (2) does not apply to a proceeding for an offence committed or allegedly committed by the prisoner while participating in a section 266 program or service.\nThe reference in subsection (2) (a) to an admission made by the prisoner includes—\nany written material made by the prisoner; and\nanything said or done by the prisoner that makes it evident the prisoner committed an offence.\nhomework, workbooks, relapse prevention plans, offence mapping\nHowever, evidence that would otherwise be inadmissible in a proceeding because of subsection (2) is admissible if the prisoner agrees to its admission.\nDespite subsection (2) , nothing in this section affects the information that may be adduced before, or considered by, the Parole Board.\nIn this section—\nsection 266 program or service means a program or service that—\nis established or facilitated under section 266 ; and\nis not an ineligible program or service.\nFor the purpose of subsection (7) , definition section 266 program or service , paragraph (b) , a regulation may prescribe an ineligible program or service.\ns 344AB ins 2024 No. 48 s 6\n(sec.344AB-ssec.1) This section applies if— a prisoner is being detained on remand for an offence; and the prisoner participates in a section 266 program or service.\n(sec.344AB-ssec.2) The following are not admissible in evidence against the prisoner in any civil, criminal or administrative proceeding for the facts constituting the alleged offence for which the prisoner is detained on remand— an admission made by the prisoner in the course of, for the purpose of, or as a condition of, participating in a section 266 program or service; evidence directly or indirectly derived from an admission mentioned in paragraph (a) .\n(sec.344AB-ssec.3) Subsection (2) does not apply to a proceeding for an offence committed or allegedly committed by the prisoner while participating in a section 266 program or service.\n(sec.344AB-ssec.4) The reference in subsection (2) (a) to an admission made by the prisoner includes— any written material made by the prisoner; and anything said or done by the prisoner that makes it evident the prisoner committed an offence. homework, workbooks, relapse prevention plans, offence mapping\n(sec.344AB-ssec.5) However, evidence that would otherwise be inadmissible in a proceeding because of subsection (2) is admissible if the prisoner agrees to its admission.\n(sec.344AB-ssec.6) Despite subsection (2) , nothing in this section affects the information that may be adduced before, or considered by, the Parole Board.\n(sec.344AB-ssec.7) In this section— section 266 program or service means a program or service that— is established or facilitated under section 266 ; and is not an ineligible program or service.\n(sec.344AB-ssec.8) For the purpose of subsection (7) , definition section 266 program or service , paragraph (b) , a regulation may prescribe an ineligible program or service.\n- (a) a prisoner is being detained on remand for an offence; and\n- (b) the prisoner participates in a section 266 program or service.\n- (a) an admission made by the prisoner in the course of, for the purpose of, or as a condition of, participating in a section 266 program or service;\n- (b) evidence directly or indirectly derived from an admission mentioned in paragraph (a) .\n- (a) any written material made by the prisoner; and\n- (b) anything said or done by the prisoner that makes it evident the prisoner committed an offence. Examples of written material— homework, workbooks, relapse prevention plans, offence mapping\n- (a) is established or facilitated under section 266 ; and\n- (b) is not an ineligible program or service.","sortOrder":613},{"sectionNumber":"ch.6-pt.13A","sectionType":"part","heading":"Use of dangerous drugs for training","content":"# Use of dangerous drugs for training","sortOrder":614},{"sectionNumber":"ch.6-pt.13A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":615},{"sectionNumber":"sec.344A","sectionType":"section","heading":"Object of pt 13A","content":"### sec.344A Object of pt 13A\n\nThe object of this part is to ensure training in the department about dangerous drugs is realistic and effective.\nThe object is to be achieved by putting in place arrangements—\nto allow the department to have access to dangerous drugs for training purposes; and\nto ensure dangerous drugs in the possession of the department for training purposes—\nare carefully handled to ensure their effectiveness for training purposes is not compromised; and\nare subject to strict tracking and accountability requirements.\ns 344A ins 2008 No. 53 s 5\n(sec.344A-ssec.1) The object of this part is to ensure training in the department about dangerous drugs is realistic and effective.\n(sec.344A-ssec.2) The object is to be achieved by putting in place arrangements— to allow the department to have access to dangerous drugs for training purposes; and to ensure dangerous drugs in the possession of the department for training purposes— are carefully handled to ensure their effectiveness for training purposes is not compromised; and are subject to strict tracking and accountability requirements.\n- (a) to allow the department to have access to dangerous drugs for training purposes; and\n- (b) to ensure dangerous drugs in the possession of the department for training purposes— (i) are carefully handled to ensure their effectiveness for training purposes is not compromised; and (ii) are subject to strict tracking and accountability requirements.\n- (i) are carefully handled to ensure their effectiveness for training purposes is not compromised; and\n- (ii) are subject to strict tracking and accountability requirements.\n- (i) are carefully handled to ensure their effectiveness for training purposes is not compromised; and\n- (ii) are subject to strict tracking and accountability requirements.","sortOrder":616},{"sectionNumber":"sec.344B","sectionType":"section","heading":"Definitions for pt 13A","content":"### sec.344B Definitions for pt 13A\n\nIn this part—\nagency arrangement means an arrangement, or series of arrangements, between the chief executive and the chief executive officer, by whatever name known, of a department or other agency of the State or the Commonwealth (the other agency ) providing for the following—\nthe transfer of possession of a batch of a dangerous drug from the possession of the other agency into the possession of the department;\nthat the batch of the dangerous drug is to be used for training in the department;\nthe type and extent of the training for which the batch of the dangerous drug is to be used;\nwhat is to be done with the batch of the dangerous drug at the end of the training;\nanything else the parties to the arrangement consider appropriate.\nA first arrangement between the chief executive and an agency could establish basic principles to govern the supply of dangerous drugs to the chief executive for training purposes. A second arrangement between the chief executive and the agency could establish particular procedures to be followed for transferring particular types of dangerous drugs between the department and the agency subject to the basic principles established in the first arrangement. A third arrangement between the chief executive and the agency could provide for the special circumstances applying to a batch of one of the particular types of dangerous drugs mentioned in the second arrangement. For the batch mentioned in the third arrangement, the agency arrangement may be ascertained from a reading of all 3 arrangements.\ndangerous drug ...\ns 344B def dangerous drug om 2020 No. 23 s 69 sch 1 pt 1\ndrug control direction means a direction of the chief executive—\nauthorising—\nthe keeping of a batch of a dangerous drug; and\nthe use of the batch in training in the department; and\nstating the conditions under which the keeping and use of the batch of the dangerous drug is authorised.\ndrug control officer means a person holding an appointment under division 2 as a drug control officer.\ndrug vault means a secure facility suitable for the storage of dangerous drugs in the possession of the department for training purposes under the authority of a drug control direction.\nregister of dangerous drugs for training means the register of dangerous drugs for training kept under section 344M .\nsecure facility means a facility that is secure against unauthorised entry.\ns 344B ins 2008 No. 53 s 5\n- (a) the transfer of possession of a batch of a dangerous drug from the possession of the other agency into the possession of the department;\n- (b) that the batch of the dangerous drug is to be used for training in the department;\n- (c) the type and extent of the training for which the batch of the dangerous drug is to be used;\n- (d) what is to be done with the batch of the dangerous drug at the end of the training;\n- (e) anything else the parties to the arrangement consider appropriate.\n- (a) authorising— (i) the keeping of a batch of a dangerous drug; and (ii) the use of the batch in training in the department; and\n- (i) the keeping of a batch of a dangerous drug; and\n- (ii) the use of the batch in training in the department; and\n- (b) stating the conditions under which the keeping and use of the batch of the dangerous drug is authorised.\n- (i) the keeping of a batch of a dangerous drug; and\n- (ii) the use of the batch in training in the department; and","sortOrder":617},{"sectionNumber":"ch.6-pt.13A-div.2","sectionType":"division","heading":"Drug control officers","content":"## Drug control officers","sortOrder":618},{"sectionNumber":"sec.344C","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.344C Appointment and qualifications\n\nThe chief executive may appoint a corrective services officer as a drug control officer.\nHowever, the chief executive may appoint a corrective services officer as a drug control officer only if—\nthe chief executive is satisfied the officer is qualified for appointment because the officer has the necessary expertise or experience; or\nthe officer has satisfactorily finished training approved by the chief executive.\ns 344C ins 2008 No. 53 s 5\n(sec.344C-ssec.1) The chief executive may appoint a corrective services officer as a drug control officer.\n(sec.344C-ssec.2) However, the chief executive may appoint a corrective services officer as a drug control officer only if— the chief executive is satisfied the officer is qualified for appointment because the officer has the necessary expertise or experience; or the officer has satisfactorily finished training approved by the chief executive.\n- (a) the chief executive is satisfied the officer is qualified for appointment because the officer has the necessary expertise or experience; or\n- (b) the officer has satisfactorily finished training approved by the chief executive.","sortOrder":619},{"sectionNumber":"sec.344D","sectionType":"section","heading":"Appointment conditions","content":"### sec.344D Appointment conditions\n\nA drug control officer holds office on any conditions stated in—\nthe drug control officer’s instrument of appointment; or\na signed notice given to the drug control officer; or\na regulation.\nThe instrument of appointment, a signed notice given to the drug control officer or a regulation may limit the drug control officer’s powers under this part.\nIn this section—\nsigned notice means a notice signed by the chief executive.\ns 344D ins 2008 No. 53 s 5\n(sec.344D-ssec.1) A drug control officer holds office on any conditions stated in— the drug control officer’s instrument of appointment; or a signed notice given to the drug control officer; or a regulation.\n(sec.344D-ssec.2) The instrument of appointment, a signed notice given to the drug control officer or a regulation may limit the drug control officer’s powers under this part.\n(sec.344D-ssec.3) In this section— signed notice means a notice signed by the chief executive.\n- (a) the drug control officer’s instrument of appointment; or\n- (b) a signed notice given to the drug control officer; or\n- (c) a regulation.","sortOrder":620},{"sectionNumber":"sec.344E","sectionType":"section","heading":"Issue of identity card","content":"### sec.344E Issue of identity card\n\nThe chief executive must issue an identity card to each drug control officer.\nThe identity card must—\ncontain a recent photo of the drug control officer; and\ncontain a copy of the drug control officer’s signature; and\nidentify the person as a drug control officer under this part; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and for other purposes.\ns 344E ins 2008 No. 53 s 5\n(sec.344E-ssec.1) The chief executive must issue an identity card to each drug control officer.\n(sec.344E-ssec.2) The identity card must— contain a recent photo of the drug control officer; and contain a copy of the drug control officer’s signature; and identify the person as a drug control officer under this part; and state an expiry date for the card.\n(sec.344E-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and for other purposes.\n- (a) contain a recent photo of the drug control officer; and\n- (b) contain a copy of the drug control officer’s signature; and\n- (c) identify the person as a drug control officer under this part; and\n- (d) state an expiry date for the card.","sortOrder":621},{"sectionNumber":"sec.344F","sectionType":"section","heading":"Resignation","content":"### sec.344F Resignation\n\nA drug control officer may resign by signed notice given to the chief executive.\ns 344F ins 2008 No. 53 s 5","sortOrder":622},{"sectionNumber":"sec.344G","sectionType":"section","heading":"Return of identity card","content":"### sec.344G Return of identity card\n\nA person who ceases to be a drug control officer must return the person’s identity card to the chief executive within 21 days after ceasing to be a drug control officer unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\ns 344G ins 2008 No. 53 s 5","sortOrder":623},{"sectionNumber":"sec.344H","sectionType":"section","heading":"Function and powers of drug control officer","content":"### sec.344H Function and powers of drug control officer\n\nA drug control officer has the function of administering and controlling, as required under this part and the conditions on which the drug control officer holds office, the following—\nthe receiving into the possession of the department of batches of dangerous drugs to be used for training purposes (the batches );\nthe storage of the batches;\nthe movement in and out of storage, for the purposes of training, of the batches or parts of the batches;\nhow the batches leave the possession of the department.\nA drug control officer has power, within the department, to do all things necessary to be done for the performance of the drug control officer’s function.\ns 344H ins 2008 No. 53 s 5\n(sec.344H-ssec.1) A drug control officer has the function of administering and controlling, as required under this part and the conditions on which the drug control officer holds office, the following— the receiving into the possession of the department of batches of dangerous drugs to be used for training purposes (the batches ); the storage of the batches; the movement in and out of storage, for the purposes of training, of the batches or parts of the batches; how the batches leave the possession of the department.\n(sec.344H-ssec.2) A drug control officer has power, within the department, to do all things necessary to be done for the performance of the drug control officer’s function.\n- (a) the receiving into the possession of the department of batches of dangerous drugs to be used for training purposes (the batches );\n- (b) the storage of the batches;\n- (c) the movement in and out of storage, for the purposes of training, of the batches or parts of the batches;\n- (d) how the batches leave the possession of the department.","sortOrder":624},{"sectionNumber":"ch.6-pt.13A-div.3","sectionType":"division","heading":"Keeping and use of dangerous drugs for training","content":"## Keeping and use of dangerous drugs for training","sortOrder":625},{"sectionNumber":"sec.344I","sectionType":"section","heading":"Keeping dangerous drug for use in department training","content":"### sec.344I Keeping dangerous drug for use in department training\n\nA batch of a dangerous drug may lawfully be kept in the possession of the department and used for training in the department if—\nthe keeping of the batch, and its use for training in the department, is authorised under a drug control direction; and\nthe batch is kept, and used for training, in accordance with the conditions included in the drug control direction.\ns 344I ins 2008 No. 53 s 5\n- (a) the keeping of the batch, and its use for training in the department, is authorised under a drug control direction; and\n- (b) the batch is kept, and used for training, in accordance with the conditions included in the drug control direction.","sortOrder":626},{"sectionNumber":"sec.344J","sectionType":"section","heading":"Making drug control direction","content":"### sec.344J Making drug control direction\n\nThe chief executive may make a drug control direction for a batch of a dangerous drug.\nThe chief executive may make a drug control direction for a batch of a dangerous drug only if the batch comes into the possession of the department under an agency arrangement.\nThe conditions included in the drug control direction must include the following conditions—\na condition that the batch must be used only for the training purposes stated in the condition;\ntraining corrective services dogs to detect the presence of dangerous drugs in various situations\na condition that the training for which the batch is used must be of the type, and of the extent, stated in the condition;\na condition that the whole of the batch must at all times—\nbe under the effective control of a drug control officer or 1 or more of the corrective services officers identified in the condition; or\nbe kept securely in a way stated in the condition;\na condition that, as soon as practicable after the batch is used for training purposes for the last time, the batch must be destroyed or disposed of in the way stated in the condition.\nSubsection (3) does not limit the conditions that may be included in the drug control direction.\nThe chief executive must ensure that the department complies with the conditions included in the drug control direction.\ns 344J ins 2008 No. 53 s 5\n(sec.344J-ssec.1) The chief executive may make a drug control direction for a batch of a dangerous drug.\n(sec.344J-ssec.2) The chief executive may make a drug control direction for a batch of a dangerous drug only if the batch comes into the possession of the department under an agency arrangement.\n(sec.344J-ssec.3) The conditions included in the drug control direction must include the following conditions— a condition that the batch must be used only for the training purposes stated in the condition; training corrective services dogs to detect the presence of dangerous drugs in various situations a condition that the training for which the batch is used must be of the type, and of the extent, stated in the condition; a condition that the whole of the batch must at all times— be under the effective control of a drug control officer or 1 or more of the corrective services officers identified in the condition; or be kept securely in a way stated in the condition; a condition that, as soon as practicable after the batch is used for training purposes for the last time, the batch must be destroyed or disposed of in the way stated in the condition.\n(sec.344J-ssec.4) Subsection (3) does not limit the conditions that may be included in the drug control direction.\n(sec.344J-ssec.5) The chief executive must ensure that the department complies with the conditions included in the drug control direction.\n- (a) a condition that the batch must be used only for the training purposes stated in the condition; Example of training purposes— training corrective services dogs to detect the presence of dangerous drugs in various situations\n- (b) a condition that the training for which the batch is used must be of the type, and of the extent, stated in the condition;\n- (c) a condition that the whole of the batch must at all times— (i) be under the effective control of a drug control officer or 1 or more of the corrective services officers identified in the condition; or (ii) be kept securely in a way stated in the condition;\n- (i) be under the effective control of a drug control officer or 1 or more of the corrective services officers identified in the condition; or\n- (ii) be kept securely in a way stated in the condition;\n- (d) a condition that, as soon as practicable after the batch is used for training purposes for the last time, the batch must be destroyed or disposed of in the way stated in the condition.\n- (i) be under the effective control of a drug control officer or 1 or more of the corrective services officers identified in the condition; or\n- (ii) be kept securely in a way stated in the condition;","sortOrder":627},{"sectionNumber":"sec.344K","sectionType":"section","heading":"Entering into agency arrangement","content":"### sec.344K Entering into agency arrangement\n\nThe chief executive may enter into an agency arrangement.\nThe chief executive may enter into an agency arrangement only if the department or other agency, whose chief executive officer is the other party to the arrangement, is authorised to possess the batch of the dangerous drug the subject of the arrangement.\nThe chief executive must ensure the department complies with the agency arrangement.\ns 344K ins 2008 No. 53 s 5\n(sec.344K-ssec.1) The chief executive may enter into an agency arrangement.\n(sec.344K-ssec.2) The chief executive may enter into an agency arrangement only if the department or other agency, whose chief executive officer is the other party to the arrangement, is authorised to possess the batch of the dangerous drug the subject of the arrangement.\n(sec.344K-ssec.3) The chief executive must ensure the department complies with the agency arrangement.","sortOrder":628},{"sectionNumber":"sec.344L","sectionType":"section","heading":"Requirements for keeping of dangerous drugs for training purposes","content":"### sec.344L Requirements for keeping of dangerous drugs for training purposes\n\nThe following requirements apply for the department’s possession of dangerous drugs for training purposes—\neach batch of a dangerous drug must be stored in a drug vault;\nwhen a batch of a dangerous drug is received into a drug vault for storage for the first time, it must be accompanied by a document certifying, in a way approved by the chief executive, the weight and purity of the batch;\na drug vault must not be used for storing a dangerous drug that is in the possession of the department other than for training purposes;\na drug vault must be designed and constructed for ensuring, to the greatest practicable extent, that each batch of a dangerous drug stored in it keeps its level of effectiveness for training purposes;\na drug vault must include enough separate storage to ensure that no batch of a dangerous drug stored in the vault can be contaminated by another batch, or can otherwise be made ineffective or less effective for training purposes;\nthe whole of a batch of a dangerous drug must be stored in a drug vault at all times, except to the extent the batch, or a part of the batch, is required to be held somewhere else for training purposes;\nan audit of each drug vault must be conducted at least once every 3 months by a corrective services officer not otherwise directly associated with the keeping or use of dangerous drugs for training purposes;\nwhen a batch of a dangerous drug leaves a drug vault for the last time—\nit must be accompanied by a document certifying, in a way approved by the chief executive, the weight and purity of the batch; and\na copy of the document mentioned in subparagraph (i) must be kept at the drug vault or at another place the chief executive directs.\nWithout limiting the scope of an audit under subsection (1) (g) , the audit must include—\nweighing each batch of dangerous drugs in the drug vault to find out whether all quantities of dangerous drugs that should be in the drug vault at the time of the audit are in the vault; and\nfinding out whether the drug vault is storing any dangerous drugs, or anything else, that should not be stored in the drug vault; and\nfinding out whether, and to what extent, the purity of any batch of a dangerous drug stored at the drug vault has been adversely affected since it was received into the drug vault; and\na review of the register of dangerous drugs for training.\nWithout limiting the requirements for an audit under subsection (1) (g) , requirements for the audit include the following—\nthe performance of the audit must be supervised by a corrective services officer who is—\nauthorised by the chief executive to supervise the performance of the audit; and\nnot otherwise directly associated with the keeping or use of dangerous drugs for training purposes;\nall batches of dangerous drugs stored in the drug vault must be the subject of analysis by an analyst under the Drugs Misuse Act 1986 ;\nthe accuracy of the scales used in measuring the weights of batches of dangerous drugs stored in the drug vault must be certified in a way approved by the chief executive.\ns 344L ins 2008 No. 53 s 5\n(sec.344L-ssec.1) The following requirements apply for the department’s possession of dangerous drugs for training purposes— each batch of a dangerous drug must be stored in a drug vault; when a batch of a dangerous drug is received into a drug vault for storage for the first time, it must be accompanied by a document certifying, in a way approved by the chief executive, the weight and purity of the batch; a drug vault must not be used for storing a dangerous drug that is in the possession of the department other than for training purposes; a drug vault must be designed and constructed for ensuring, to the greatest practicable extent, that each batch of a dangerous drug stored in it keeps its level of effectiveness for training purposes; a drug vault must include enough separate storage to ensure that no batch of a dangerous drug stored in the vault can be contaminated by another batch, or can otherwise be made ineffective or less effective for training purposes; the whole of a batch of a dangerous drug must be stored in a drug vault at all times, except to the extent the batch, or a part of the batch, is required to be held somewhere else for training purposes; an audit of each drug vault must be conducted at least once every 3 months by a corrective services officer not otherwise directly associated with the keeping or use of dangerous drugs for training purposes; when a batch of a dangerous drug leaves a drug vault for the last time— it must be accompanied by a document certifying, in a way approved by the chief executive, the weight and purity of the batch; and a copy of the document mentioned in subparagraph (i) must be kept at the drug vault or at another place the chief executive directs.\n(sec.344L-ssec.2) Without limiting the scope of an audit under subsection (1) (g) , the audit must include— weighing each batch of dangerous drugs in the drug vault to find out whether all quantities of dangerous drugs that should be in the drug vault at the time of the audit are in the vault; and finding out whether the drug vault is storing any dangerous drugs, or anything else, that should not be stored in the drug vault; and finding out whether, and to what extent, the purity of any batch of a dangerous drug stored at the drug vault has been adversely affected since it was received into the drug vault; and a review of the register of dangerous drugs for training.\n(sec.344L-ssec.3) Without limiting the requirements for an audit under subsection (1) (g) , requirements for the audit include the following— the performance of the audit must be supervised by a corrective services officer who is— authorised by the chief executive to supervise the performance of the audit; and not otherwise directly associated with the keeping or use of dangerous drugs for training purposes; all batches of dangerous drugs stored in the drug vault must be the subject of analysis by an analyst under the Drugs Misuse Act 1986 ; the accuracy of the scales used in measuring the weights of batches of dangerous drugs stored in the drug vault must be certified in a way approved by the chief executive.\n- (a) each batch of a dangerous drug must be stored in a drug vault;\n- (b) when a batch of a dangerous drug is received into a drug vault for storage for the first time, it must be accompanied by a document certifying, in a way approved by the chief executive, the weight and purity of the batch;\n- (c) a drug vault must not be used for storing a dangerous drug that is in the possession of the department other than for training purposes;\n- (d) a drug vault must be designed and constructed for ensuring, to the greatest practicable extent, that each batch of a dangerous drug stored in it keeps its level of effectiveness for training purposes;\n- (e) a drug vault must include enough separate storage to ensure that no batch of a dangerous drug stored in the vault can be contaminated by another batch, or can otherwise be made ineffective or less effective for training purposes;\n- (f) the whole of a batch of a dangerous drug must be stored in a drug vault at all times, except to the extent the batch, or a part of the batch, is required to be held somewhere else for training purposes;\n- (g) an audit of each drug vault must be conducted at least once every 3 months by a corrective services officer not otherwise directly associated with the keeping or use of dangerous drugs for training purposes;\n- (h) when a batch of a dangerous drug leaves a drug vault for the last time— (i) it must be accompanied by a document certifying, in a way approved by the chief executive, the weight and purity of the batch; and (ii) a copy of the document mentioned in subparagraph (i) must be kept at the drug vault or at another place the chief executive directs.\n- (i) it must be accompanied by a document certifying, in a way approved by the chief executive, the weight and purity of the batch; and\n- (ii) a copy of the document mentioned in subparagraph (i) must be kept at the drug vault or at another place the chief executive directs.\n- (i) it must be accompanied by a document certifying, in a way approved by the chief executive, the weight and purity of the batch; and\n- (ii) a copy of the document mentioned in subparagraph (i) must be kept at the drug vault or at another place the chief executive directs.\n- (a) weighing each batch of dangerous drugs in the drug vault to find out whether all quantities of dangerous drugs that should be in the drug vault at the time of the audit are in the vault; and\n- (b) finding out whether the drug vault is storing any dangerous drugs, or anything else, that should not be stored in the drug vault; and\n- (c) finding out whether, and to what extent, the purity of any batch of a dangerous drug stored at the drug vault has been adversely affected since it was received into the drug vault; and\n- (d) a review of the register of dangerous drugs for training.\n- (a) the performance of the audit must be supervised by a corrective services officer who is— (i) authorised by the chief executive to supervise the performance of the audit; and (ii) not otherwise directly associated with the keeping or use of dangerous drugs for training purposes;\n- (i) authorised by the chief executive to supervise the performance of the audit; and\n- (ii) not otherwise directly associated with the keeping or use of dangerous drugs for training purposes;\n- (b) all batches of dangerous drugs stored in the drug vault must be the subject of analysis by an analyst under the Drugs Misuse Act 1986 ;\n- (c) the accuracy of the scales used in measuring the weights of batches of dangerous drugs stored in the drug vault must be certified in a way approved by the chief executive.\n- (i) authorised by the chief executive to supervise the performance of the audit; and\n- (ii) not otherwise directly associated with the keeping or use of dangerous drugs for training purposes;","sortOrder":629},{"sectionNumber":"ch.6-pt.13A-div.4","sectionType":"division","heading":"Register of dangerous drugs for training","content":"## Register of dangerous drugs for training","sortOrder":630},{"sectionNumber":"sec.344M","sectionType":"section","heading":"Register of dangerous drugs for training","content":"### sec.344M Register of dangerous drugs for training\n\nThe chief executive must keep a register of dangerous drugs for training.\nThe register may form part of another register whether kept under this or another Act.\nThe chief executive—\nsubject to subsection (4) , may keep the register of dangerous drugs for training in the way the chief executive considers appropriate; and\nThe register may be kept on a computer or partly on a computer and partly in written form.\nmust ensure the register is kept in a secure place.\nThe register of dangerous drugs for training must be kept in a way that, to the greatest practicable extent, enables a drug control officer, or a corrective services officer performing a lawful function associated with the keeping of dangerous drugs in the possession of the department under this Act, whether or not under this part, to comply with this Act’s requirements.\nUnless the chief executive otherwise authorises, an entry in the register of dangerous drugs for training may only be made by a drug control officer who is authorised, under the conditions on which the drug control officer holds office, to make the entry.\nIf the chief executive gives a direction under this division restricting access to information included in the register of dangerous drugs for training, a drug control officer authorised to record the information in the register must ensure the information is recorded in a way that, to the greatest practicable extent, stops disclosure of the information to a person not authorised to have access to it.\ns 344M ins 2008 No. 53 s 5\n(sec.344M-ssec.1) The chief executive must keep a register of dangerous drugs for training.\n(sec.344M-ssec.2) The register may form part of another register whether kept under this or another Act.\n(sec.344M-ssec.3) The chief executive— subject to subsection (4) , may keep the register of dangerous drugs for training in the way the chief executive considers appropriate; and The register may be kept on a computer or partly on a computer and partly in written form. must ensure the register is kept in a secure place.\n(sec.344M-ssec.4) The register of dangerous drugs for training must be kept in a way that, to the greatest practicable extent, enables a drug control officer, or a corrective services officer performing a lawful function associated with the keeping of dangerous drugs in the possession of the department under this Act, whether or not under this part, to comply with this Act’s requirements.\n(sec.344M-ssec.5) Unless the chief executive otherwise authorises, an entry in the register of dangerous drugs for training may only be made by a drug control officer who is authorised, under the conditions on which the drug control officer holds office, to make the entry.\n(sec.344M-ssec.6) If the chief executive gives a direction under this division restricting access to information included in the register of dangerous drugs for training, a drug control officer authorised to record the information in the register must ensure the information is recorded in a way that, to the greatest practicable extent, stops disclosure of the information to a person not authorised to have access to it.\n- (a) subject to subsection (4) , may keep the register of dangerous drugs for training in the way the chief executive considers appropriate; and Example for paragraph (a) — The register may be kept on a computer or partly on a computer and partly in written form.\n- (b) must ensure the register is kept in a secure place.","sortOrder":631},{"sectionNumber":"sec.344N","sectionType":"section","heading":"Information to be recorded in the register of dangerous drugs for training","content":"### sec.344N Information to be recorded in the register of dangerous drugs for training\n\nThe following information must be recorded in the register of dangerous drugs for training about each batch of a dangerous drug coming into the possession of the department to be used for training purposes—\nthe name of the dangerous drug;\na description of the batch;\nthe weight, in grams, of the batch;\na description of any container or packaging, and of any other item, used for conveying the batch into the possession of the department;\nthe weight, in grams, of any container or packaging, and of any other item, used for conveying the batch into the possession of the department;\nwhen the batch was received into the possession of the department;\nthe purity of the batch, and details of the certification of the purity;\na description of the circumstances in which the batch came into the possession of the department.\nThe following information must be recorded in the register of dangerous drugs for training about each batch of a dangerous drug in the possession of the department for training purposes if the batch, or part of the batch, is taken from the drug vault where it is stored because it is to be used for training purposes—\nwhen the batch or part of the batch leaves the drug vault;\nthe nature of the training for which the batch or part of the batch is to be used;\nthe condition of any container or packaging in which the batch or part of the batch leaves the drug vault;\nthe weight, in grams, of the batch or part of the batch when it leaves the drug vault;\nthe condition of any container or packaging in which the batch or part of the batch is returned to the drug vault;\nthe weight, in grams, of the batch or part of the batch when it is returned to the drug vault.\nThe following information must be recorded in the register of dangerous drugs for training when a batch of a dangerous drug leaves a drug vault for the last time to be disposed of or to be returned to an entity under an agency arrangement—\nthe weight, in grams, of the batch when it leaves the drug vault;\nthe weight, in grams, of any container or packaging in which the batch leaves the drug vault.\nRecording under subsection (1) , (2) or (3) must be performed as close as reasonably practicable to the happening of the event to which the recording relates.\ns 344N ins 2008 No. 53 s 5\n(sec.344N-ssec.1) The following information must be recorded in the register of dangerous drugs for training about each batch of a dangerous drug coming into the possession of the department to be used for training purposes— the name of the dangerous drug; a description of the batch; the weight, in grams, of the batch; a description of any container or packaging, and of any other item, used for conveying the batch into the possession of the department; the weight, in grams, of any container or packaging, and of any other item, used for conveying the batch into the possession of the department; when the batch was received into the possession of the department; the purity of the batch, and details of the certification of the purity; a description of the circumstances in which the batch came into the possession of the department.\n(sec.344N-ssec.2) The following information must be recorded in the register of dangerous drugs for training about each batch of a dangerous drug in the possession of the department for training purposes if the batch, or part of the batch, is taken from the drug vault where it is stored because it is to be used for training purposes— when the batch or part of the batch leaves the drug vault; the nature of the training for which the batch or part of the batch is to be used; the condition of any container or packaging in which the batch or part of the batch leaves the drug vault; the weight, in grams, of the batch or part of the batch when it leaves the drug vault; the condition of any container or packaging in which the batch or part of the batch is returned to the drug vault; the weight, in grams, of the batch or part of the batch when it is returned to the drug vault.\n(sec.344N-ssec.3) The following information must be recorded in the register of dangerous drugs for training when a batch of a dangerous drug leaves a drug vault for the last time to be disposed of or to be returned to an entity under an agency arrangement— the weight, in grams, of the batch when it leaves the drug vault; the weight, in grams, of any container or packaging in which the batch leaves the drug vault.\n(sec.344N-ssec.4) Recording under subsection (1) , (2) or (3) must be performed as close as reasonably practicable to the happening of the event to which the recording relates.\n- (a) the name of the dangerous drug;\n- (b) a description of the batch;\n- (c) the weight, in grams, of the batch;\n- (d) a description of any container or packaging, and of any other item, used for conveying the batch into the possession of the department;\n- (e) the weight, in grams, of any container or packaging, and of any other item, used for conveying the batch into the possession of the department;\n- (f) when the batch was received into the possession of the department;\n- (g) the purity of the batch, and details of the certification of the purity;\n- (h) a description of the circumstances in which the batch came into the possession of the department.\n- (a) when the batch or part of the batch leaves the drug vault;\n- (b) the nature of the training for which the batch or part of the batch is to be used;\n- (c) the condition of any container or packaging in which the batch or part of the batch leaves the drug vault;\n- (d) the weight, in grams, of the batch or part of the batch when it leaves the drug vault;\n- (e) the condition of any container or packaging in which the batch or part of the batch is returned to the drug vault;\n- (f) the weight, in grams, of the batch or part of the batch when it is returned to the drug vault.\n- (a) the weight, in grams, of the batch when it leaves the drug vault;\n- (b) the weight, in grams, of any container or packaging in which the batch leaves the drug vault.","sortOrder":632},{"sectionNumber":"sec.344O","sectionType":"section","heading":"Restriction on release of information from register of dangerous drugs for training","content":"### sec.344O Restriction on release of information from register of dangerous drugs for training\n\nThe chief executive may give a direction restricting access to information recorded in the register of dangerous drugs for training to persons other than—\na drug control officer who reasonably needs the information for the performance of the officer’s function under this part; or\na corrective services officer who reasonably needs the information for conducting or supervising, under this part, an audit of a drug vault; or\nanother corrective services officer, if the corrective services officer is performing a function associated with the keeping of dangerous drugs in the possession of the department under this Act, whether or not under this part, and reasonably needs the information for the performance of the officer’s function; or\na police officer who reasonably needs the information for the performance of the officer’s functions under an Act; or\na person stated in the direction.\nA direction under subsection (1) may restrict access to all information recorded in the register or only to information of a type stated in the direction.\nThe chief executive must keep a written record of the reasons for giving a direction under subsection (1) in each particular case.\nThe chief executive may give a direction under subsection (1) , and keep the direction in place, only if the chief executive considers that a failure to give the direction, or to keep the direction in place, may prejudice—\nthe security of a drug vault; or\nthe safety of—\na corrective services officer; or\nanother person associated with keeping dangerous drugs in the possession of the department for training purposes; or\na person associated with a person mentioned in subparagraph (i) or (ii) .\ns 344O ins 2008 No. 53 s 5\n(sec.344O-ssec.1) The chief executive may give a direction restricting access to information recorded in the register of dangerous drugs for training to persons other than— a drug control officer who reasonably needs the information for the performance of the officer’s function under this part; or a corrective services officer who reasonably needs the information for conducting or supervising, under this part, an audit of a drug vault; or another corrective services officer, if the corrective services officer is performing a function associated with the keeping of dangerous drugs in the possession of the department under this Act, whether or not under this part, and reasonably needs the information for the performance of the officer’s function; or a police officer who reasonably needs the information for the performance of the officer’s functions under an Act; or a person stated in the direction.\n(sec.344O-ssec.2) A direction under subsection (1) may restrict access to all information recorded in the register or only to information of a type stated in the direction.\n(sec.344O-ssec.3) The chief executive must keep a written record of the reasons for giving a direction under subsection (1) in each particular case.\n(sec.344O-ssec.4) The chief executive may give a direction under subsection (1) , and keep the direction in place, only if the chief executive considers that a failure to give the direction, or to keep the direction in place, may prejudice— the security of a drug vault; or the safety of— a corrective services officer; or another person associated with keeping dangerous drugs in the possession of the department for training purposes; or a person associated with a person mentioned in subparagraph (i) or (ii) .\n- (a) a drug control officer who reasonably needs the information for the performance of the officer’s function under this part; or\n- (b) a corrective services officer who reasonably needs the information for conducting or supervising, under this part, an audit of a drug vault; or\n- (c) another corrective services officer, if the corrective services officer is performing a function associated with the keeping of dangerous drugs in the possession of the department under this Act, whether or not under this part, and reasonably needs the information for the performance of the officer’s function; or\n- (d) a police officer who reasonably needs the information for the performance of the officer’s functions under an Act; or\n- (e) a person stated in the direction.\n- (a) the security of a drug vault; or\n- (b) the safety of— (i) a corrective services officer; or (ii) another person associated with keeping dangerous drugs in the possession of the department for training purposes; or (iii) a person associated with a person mentioned in subparagraph (i) or (ii) .\n- (i) a corrective services officer; or\n- (ii) another person associated with keeping dangerous drugs in the possession of the department for training purposes; or\n- (iii) a person associated with a person mentioned in subparagraph (i) or (ii) .\n- (i) a corrective services officer; or\n- (ii) another person associated with keeping dangerous drugs in the possession of the department for training purposes; or\n- (iii) a person associated with a person mentioned in subparagraph (i) or (ii) .","sortOrder":633},{"sectionNumber":"ch.6-pt.14","sectionType":"part","heading":"Surrender of equipment and identity card","content":"# Surrender of equipment and identity card","sortOrder":634},{"sectionNumber":"sec.345","sectionType":"section","heading":"Staff members","content":"### sec.345 Staff members\n\nIf a person stops being a staff member, the person must return to the issuing entity, as required under subsection (2) , a firearm or other weapon issued to the person to perform the person’s duties under this Act, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nThe firearm or other weapon must be returned immediately after the person stops being a staff member.\nAlso, if a person stops being a staff member, the person must return the following things to the issuing entity, as required under subsection (4) , unless the person has a reasonable excuse—\nthe person’s identity card;\nanything else not mentioned in subsection (1) issued to the person to perform the person’s duties under this Act that the chief executive requires to be returned.\nMaximum penalty—10 penalty units.\nAnything required to be returned under subsection (3) must be returned as soon as practicable, but within 7 days, after the person stops being a staff member.\nIn this section—\nissuing entity means—\nfor something issued by the chief executive—the chief executive; or\nfor something issued by an engaged service provider—the engaged service provider.\n(sec.345-ssec.1) If a person stops being a staff member, the person must return to the issuing entity, as required under subsection (2) , a firearm or other weapon issued to the person to perform the person’s duties under this Act, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.345-ssec.2) The firearm or other weapon must be returned immediately after the person stops being a staff member.\n(sec.345-ssec.3) Also, if a person stops being a staff member, the person must return the following things to the issuing entity, as required under subsection (4) , unless the person has a reasonable excuse— the person’s identity card; anything else not mentioned in subsection (1) issued to the person to perform the person’s duties under this Act that the chief executive requires to be returned. Maximum penalty—10 penalty units.\n(sec.345-ssec.4) Anything required to be returned under subsection (3) must be returned as soon as practicable, but within 7 days, after the person stops being a staff member.\n(sec.345-ssec.5) In this section— issuing entity means— for something issued by the chief executive—the chief executive; or for something issued by an engaged service provider—the engaged service provider.\n- (a) the person’s identity card;\n- (b) anything else not mentioned in subsection (1) issued to the person to perform the person’s duties under this Act that the chief executive requires to be returned.\n- (a) for something issued by the chief executive—the chief executive; or\n- (b) for something issued by an engaged service provider—the engaged service provider.","sortOrder":635},{"sectionNumber":"ch.6-pt.15","sectionType":"part","heading":"Legal provisions","content":"# Legal provisions","sortOrder":636},{"sectionNumber":"sec.346","sectionType":"section","heading":"Royal prerogative of mercy etc. not affected","content":"### sec.346 Royal prerogative of mercy etc. not affected\n\nThis Act does not affect the royal prerogative of mercy.\nSubject to the express provisions of this Act, nothing in this Act is to be read as limiting or changing any authority or jurisdiction that a court, judge or justice has under another Act or law.\n(sec.346-ssec.1) This Act does not affect the royal prerogative of mercy.\n(sec.346-ssec.2) Subject to the express provisions of this Act, nothing in this Act is to be read as limiting or changing any authority or jurisdiction that a court, judge or justice has under another Act or law.","sortOrder":637},{"sectionNumber":"sec.347","sectionType":"section","heading":"Interpretation of authority for admission to corrective services facility","content":"### sec.347 Interpretation of authority for admission to corrective services facility\n\nIf a question arises about the construction or effect of an authority for admitting a prisoner to a corrective services facility, the chief executive may apply to a Supreme Court judge to interpret the authority.\nThe interpretation is sufficient authority for the chief executive to deal with the person in accordance with the interpretation.\nAn appeal does not lie against the interpretation.\nIn this section—\nauthority , for admitting a person to a corrective services facility, means an authority mentioned in section 9 (1) .\n(sec.347-ssec.1) If a question arises about the construction or effect of an authority for admitting a prisoner to a corrective services facility, the chief executive may apply to a Supreme Court judge to interpret the authority.\n(sec.347-ssec.2) The interpretation is sufficient authority for the chief executive to deal with the person in accordance with the interpretation.\n(sec.347-ssec.3) An appeal does not lie against the interpretation.\n(sec.347-ssec.4) In this section— authority , for admitting a person to a corrective services facility, means an authority mentioned in section 9 (1) .","sortOrder":638},{"sectionNumber":"sec.348","sectionType":"section","heading":"Execution of warrant by corrective services officer","content":"### sec.348 Execution of warrant by corrective services officer\n\nIf a court issues a warrant requiring police officers to convey a person before the court to a corrective services facility, a corrective services officer may execute the warrant.","sortOrder":639},{"sectionNumber":"sec.348A","sectionType":"section","heading":"Approved corrective services facilities","content":"### sec.348A Approved corrective services facilities\n\nThe chief executive may approve a corrective services facility for service of documents under section 348B .\nThe chief executive must publish an approval under subsection (1) on the department’s website.\ns 348A ins 2024 No. 45 s 81\n(sec.348A-ssec.1) The chief executive may approve a corrective services facility for service of documents under section 348B .\n(sec.348A-ssec.2) The chief executive must publish an approval under subsection (1) on the department’s website.","sortOrder":640},{"sectionNumber":"sec.348B","sectionType":"section","heading":"Personal service of documents in particular circumstances","content":"### sec.348B Personal service of documents in particular circumstances\n\nThis section applies if—\na police officer is required or permitted under the Domestic and Family Violence Protection Act 2012 to personally serve a document on a person; and\nthe person is a prisoner detained in a corrective services facility approved under section 348A (1) ; and\nthe chief executive agrees, under an arrangement between the chief executive and the police commissioner, to receive the document.\nThe chief executive must personally serve the document on the person.\nUnless the contrary is proved, for the Domestic and Family Violence Protection Act 2012 , the document is taken to be personally served on the person on the day the document is served by the chief executive.\nThis section does not prevent a police officer from personally serving the document on the person under the Domestic and Family Violence Protection Act 2012 .\ns 348B ins 2024 No. 45 s 81\n(sec.348B-ssec.1) This section applies if— a police officer is required or permitted under the Domestic and Family Violence Protection Act 2012 to personally serve a document on a person; and the person is a prisoner detained in a corrective services facility approved under section 348A (1) ; and the chief executive agrees, under an arrangement between the chief executive and the police commissioner, to receive the document.\n(sec.348B-ssec.2) The chief executive must personally serve the document on the person.\n(sec.348B-ssec.3) Unless the contrary is proved, for the Domestic and Family Violence Protection Act 2012 , the document is taken to be personally served on the person on the day the document is served by the chief executive.\n(sec.348B-ssec.4) This section does not prevent a police officer from personally serving the document on the person under the Domestic and Family Violence Protection Act 2012 .\n- (a) a police officer is required or permitted under the Domestic and Family Violence Protection Act 2012 to personally serve a document on a person; and\n- (b) the person is a prisoner detained in a corrective services facility approved under section 348A (1) ; and\n- (c) the chief executive agrees, under an arrangement between the chief executive and the police commissioner, to receive the document.","sortOrder":641},{"sectionNumber":"sec.349","sectionType":"section","heading":"Protection from liability","content":"### sec.349 Protection from liability\n\nAn official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nA board member does not incur civil liability for an act done, or omission made honestly, with or without negligence, under this Act.\nIf subsection (1) or (2) prevents a civil liability attaching to an official or board member, the liability attaches instead to the State.\nIn this section—\nofficial —\nmeans—\nthe Minister; or\nthe chief executive; or\na person, other than a board member, appointed for this Act; or\na volunteer; or\na protected defendant mentioned in section 319A , definition protected defendant , paragraph (b) to (e) performing a function under chapter 6 , part 12B ; or\nthe public trustee performing a function under chapter 6 , part 12B ; or\nan individual employed or engaged by an entity mentioned in subparagraph (v) or (vi) performing a function under chapter 6 , part 12B ; or\na person performing a function under section 319U (1) ; but\ndoes not include an engaged service provider, or person appointed by an engaged service provider, performing a function of a person mentioned in paragraph (a) .\ns 349 amd 2008 No. 53 s 6 ; 2017 No. 15 s 24 sch 1\n(sec.349-ssec.1) An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.349-ssec.2) A board member does not incur civil liability for an act done, or omission made honestly, with or without negligence, under this Act.\n(sec.349-ssec.3) If subsection (1) or (2) prevents a civil liability attaching to an official or board member, the liability attaches instead to the State.\n(sec.349-ssec.4) In this section— official — means— the Minister; or the chief executive; or a person, other than a board member, appointed for this Act; or a volunteer; or a protected defendant mentioned in section 319A , definition protected defendant , paragraph (b) to (e) performing a function under chapter 6 , part 12B ; or the public trustee performing a function under chapter 6 , part 12B ; or an individual employed or engaged by an entity mentioned in subparagraph (v) or (vi) performing a function under chapter 6 , part 12B ; or a person performing a function under section 319U (1) ; but does not include an engaged service provider, or person appointed by an engaged service provider, performing a function of a person mentioned in paragraph (a) .\n- (a) means— (i) the Minister; or (ii) the chief executive; or (iii) a person, other than a board member, appointed for this Act; or (iv) a volunteer; or (v) a protected defendant mentioned in section 319A , definition protected defendant , paragraph (b) to (e) performing a function under chapter 6 , part 12B ; or (vi) the public trustee performing a function under chapter 6 , part 12B ; or (vii) an individual employed or engaged by an entity mentioned in subparagraph (v) or (vi) performing a function under chapter 6 , part 12B ; or (viii) a person performing a function under section 319U (1) ; but\n- (i) the Minister; or\n- (ii) the chief executive; or\n- (iii) a person, other than a board member, appointed for this Act; or\n- (iv) a volunteer; or\n- (v) a protected defendant mentioned in section 319A , definition protected defendant , paragraph (b) to (e) performing a function under chapter 6 , part 12B ; or\n- (vi) the public trustee performing a function under chapter 6 , part 12B ; or\n- (vii) an individual employed or engaged by an entity mentioned in subparagraph (v) or (vi) performing a function under chapter 6 , part 12B ; or\n- (viii) a person performing a function under section 319U (1) ; but\n- (b) does not include an engaged service provider, or person appointed by an engaged service provider, performing a function of a person mentioned in paragraph (a) .\n- (i) the Minister; or\n- (ii) the chief executive; or\n- (iii) a person, other than a board member, appointed for this Act; or\n- (iv) a volunteer; or\n- (v) a protected defendant mentioned in section 319A , definition protected defendant , paragraph (b) to (e) performing a function under chapter 6 , part 12B ; or\n- (vi) the public trustee performing a function under chapter 6 , part 12B ; or\n- (vii) an individual employed or engaged by an entity mentioned in subparagraph (v) or (vi) performing a function under chapter 6 , part 12B ; or\n- (viii) a person performing a function under section 319U (1) ; but","sortOrder":642},{"sectionNumber":"sec.350","sectionType":"section","heading":"Proceedings for offences—general","content":"### sec.350 Proceedings for offences—general\n\nA proceeding for an offence against this Act, other than an offence under section 122 or 131A , is a summary proceeding under the Justices Act 1886 .\nSubject to subsection (3) , the proceeding must start—\nwithin 1 year after the offence was committed; or\nwithin 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed.\nIf the proceeding is for an offence under section 28F (1) or (5) , it may start at any time but, if started more than 1 year after the commission of the offence, must start within 6 months after the offence comes to the complainant’s knowledge.\ns 350 amd 2009 No. 30 s 38 ; 2021 No. 24 s 19\n(sec.350-ssec.1) A proceeding for an offence against this Act, other than an offence under section 122 or 131A , is a summary proceeding under the Justices Act 1886 .\n(sec.350-ssec.2) Subject to subsection (3) , the proceeding must start— within 1 year after the offence was committed; or within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed.\n(sec.350-ssec.3) If the proceeding is for an offence under section 28F (1) or (5) , it may start at any time but, if started more than 1 year after the commission of the offence, must start within 6 months after the offence comes to the complainant’s knowledge.\n- (a) within 1 year after the offence was committed; or\n- (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed.","sortOrder":643},{"sectionNumber":"sec.350A","sectionType":"section","heading":"Proceeding for offence against s 131A","content":"### sec.350A Proceeding for offence against s 131A\n\nA charge of an offence against section 131A must be heard and decided summarily if the prosecution elects to have the charge heard and decided summarily.\nA Magistrates Court that summarily deals with the charge for the offence—\nmust be constituted by a magistrate; and\nhas jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose; and\nmay hear and decide the charge at any place appointed for holding a Magistrates Court within the district in which the accused person was arrested on the charge or served with the summons for the charge under the Justices Act 1886 .\nHowever, a Magistrates Court must abstain from dealing summarily with the charge if satisfied, on an application made by the prosecution and the defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.\nIf the Magistrates Court abstains from jurisdiction—\nthe court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and\nthe proceeding for the charge must be conducted as a committal proceeding; and\na plea of the defendant at the start of the hearing must be disregarded; and\nthe evidence already heard by the court is taken to be evidence in the committal proceeding; and\nthe Justices Act 1886 , section 104 must be complied with for the committal proceeding.\ns 350A prev s 350A ins 2013 No. 64 s 18\nom 2016 No. 62 s 27\npres s 350A ins 2021 No. 24 s 20\n(sec.350A-ssec.1) A charge of an offence against section 131A must be heard and decided summarily if the prosecution elects to have the charge heard and decided summarily.\n(sec.350A-ssec.2) A Magistrates Court that summarily deals with the charge for the offence— must be constituted by a magistrate; and has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose; and may hear and decide the charge at any place appointed for holding a Magistrates Court within the district in which the accused person was arrested on the charge or served with the summons for the charge under the Justices Act 1886 .\n(sec.350A-ssec.3) However, a Magistrates Court must abstain from dealing summarily with the charge if satisfied, on an application made by the prosecution and the defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.\n(sec.350A-ssec.4) If the Magistrates Court abstains from jurisdiction— the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and the proceeding for the charge must be conducted as a committal proceeding; and a plea of the defendant at the start of the hearing must be disregarded; and the evidence already heard by the court is taken to be evidence in the committal proceeding; and the Justices Act 1886 , section 104 must be complied with for the committal proceeding.\n- (a) must be constituted by a magistrate; and\n- (b) has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose; and\n- (c) may hear and decide the charge at any place appointed for holding a Magistrates Court within the district in which the accused person was arrested on the charge or served with the summons for the charge under the Justices Act 1886 .\n- (a) the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and\n- (b) the proceeding for the charge must be conducted as a committal proceeding; and\n- (c) a plea of the defendant at the start of the hearing must be disregarded; and\n- (d) the evidence already heard by the court is taken to be evidence in the committal proceeding; and\n- (e) the Justices Act 1886 , section 104 must be complied with for the committal proceeding.","sortOrder":644},{"sectionNumber":"sec.350B","sectionType":"section","heading":"Maximum penalty for offence against s 131A dealt with summarily","content":"### sec.350B Maximum penalty for offence against s 131A dealt with summarily\n\nThe maximum penalty that may be imposed on a summary conviction for an offence against section 131A is—\nif the Magistrates Court is a court constituted by a magistrate imposing a drug and alcohol treatment order under the Penalties and Sentences Act 1992 , part 8A —100 penalty units or 4 years imprisonment; or\notherwise—100 penalty units or 3 years imprisonment.\ns 350B prev s 350B ins 2013 No. 64 s 18\nom 2016 No. 62 s 27\npres s 350B ins 2021 No. 24 s 20\n- (a) if the Magistrates Court is a court constituted by a magistrate imposing a drug and alcohol treatment order under the Penalties and Sentences Act 1992 , part 8A —100 penalty units or 4 years imprisonment; or\n- (b) otherwise—100 penalty units or 3 years imprisonment.","sortOrder":645},{"sectionNumber":"sec.350C","sectionType":"section","heading":"Appeal against decision to decide charge against s 131A summarily","content":"### sec.350C Appeal against decision to decide charge against s 131A summarily\n\nThis section applies if a person is summarily convicted or sentenced for an offence against section 131A .\nThe grounds on which the person may appeal include that the Magistrates Court erred by deciding the conviction or sentence summarily.\nThe grounds on which the Attorney-General may appeal against the sentence include that the Magistrates Court erred by deciding the sentence summarily.\nOn an appeal against the sentence relying on a ground that the Magistrates Court erred by proceeding summarily, the court deciding the appeal may, if it decides to vary the sentence, impose the sentence the court considers appropriate up to the maximum sentence that could have been imposed if the matter had been dealt with on indictment.\ns 350C ins 2021 No. 24 s 20\n(sec.350C-ssec.1) This section applies if a person is summarily convicted or sentenced for an offence against section 131A .\n(sec.350C-ssec.2) The grounds on which the person may appeal include that the Magistrates Court erred by deciding the conviction or sentence summarily.\n(sec.350C-ssec.3) The grounds on which the Attorney-General may appeal against the sentence include that the Magistrates Court erred by deciding the sentence summarily.\n(sec.350C-ssec.4) On an appeal against the sentence relying on a ground that the Magistrates Court erred by proceeding summarily, the court deciding the appeal may, if it decides to vary the sentence, impose the sentence the court considers appropriate up to the maximum sentence that could have been imposed if the matter had been dealt with on indictment.","sortOrder":646},{"sectionNumber":"sec.351","sectionType":"section","heading":"Evidentiary aids","content":"### sec.351 Evidentiary aids\n\nThis section applies to a proceeding under an Act.\nIt is not necessary to prove the appointment of an appointed person or the power of an appointed person to do something, unless a party to the proceeding, by reasonable notice of at least 7 days, requires proof.\nA certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—\na person’s appointment as an appointed person was, or was not, in force on a stated day or during a stated period;\na person is, or was on a stated day or during a stated period, a prisoner;\na dog is, or was on a stated day or during a stated period, a corrective services dog;\na stated place is, or was on a stated day or during a stated period, a corrective services facility;\na stated approval is, or was on a stated day or during a stated period, in force;\na stated document is a copy of a document made under this Act, one of the repealed Acts or the Prisons Act 1958 ;\nthe contents of a stated substance that was tested by a State analyst under the Medicines and Poisons Act 2019 ;\na stated thing is, or was on a stated day or during a stated period—\nproperty that is part of a corrective services facility; or\nother property of the State;\napproval was not given for a stated act or omission that is alleged to have happened;\nthe chief executive, on a stated day or during a stated period, personally served a document on a person under section 348B .\nA certificate signed by an officer of the secretariat recording a decision of the parole board is evidence of the matter.\nA signature purporting to be the signature of an appointed person is evidence of the person’s signature.\nIn a complaint starting the proceeding, a statement that the offence in the complaint came to the complainant’s knowledge on a stated day is evidence of the matter.\nIn this section—\nappointed person means—\nthe chief executive; or\na corrective services officer; or\na board member; or\nan official visitor; or\nthe chief inspector; or\nan inspector; or\na police officer; or\na community service supervisor.\ns 351 amd 2017 No. 15 s 24 sch 1 ; 2020 No. 23 s 69 s ch 1 pt 1 ; 2019 No. 26 s 290 sch 2 ; 2023 No. 14 s 33 ; 2024 No. 45 s 82\n(sec.351-ssec.1) This section applies to a proceeding under an Act.\n(sec.351-ssec.2) It is not necessary to prove the appointment of an appointed person or the power of an appointed person to do something, unless a party to the proceeding, by reasonable notice of at least 7 days, requires proof.\n(sec.351-ssec.3) A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter— a person’s appointment as an appointed person was, or was not, in force on a stated day or during a stated period; a person is, or was on a stated day or during a stated period, a prisoner; a dog is, or was on a stated day or during a stated period, a corrective services dog; a stated place is, or was on a stated day or during a stated period, a corrective services facility; a stated approval is, or was on a stated day or during a stated period, in force; a stated document is a copy of a document made under this Act, one of the repealed Acts or the Prisons Act 1958 ; the contents of a stated substance that was tested by a State analyst under the Medicines and Poisons Act 2019 ; a stated thing is, or was on a stated day or during a stated period— property that is part of a corrective services facility; or other property of the State; approval was not given for a stated act or omission that is alleged to have happened; the chief executive, on a stated day or during a stated period, personally served a document on a person under section 348B .\n(sec.351-ssec.4) A certificate signed by an officer of the secretariat recording a decision of the parole board is evidence of the matter.\n(sec.351-ssec.5) A signature purporting to be the signature of an appointed person is evidence of the person’s signature.\n(sec.351-ssec.6) In a complaint starting the proceeding, a statement that the offence in the complaint came to the complainant’s knowledge on a stated day is evidence of the matter.\n(sec.351-ssec.7) In this section— appointed person means— the chief executive; or a corrective services officer; or a board member; or an official visitor; or the chief inspector; or an inspector; or a police officer; or a community service supervisor.\n- (a) a person’s appointment as an appointed person was, or was not, in force on a stated day or during a stated period;\n- (b) a person is, or was on a stated day or during a stated period, a prisoner;\n- (c) a dog is, or was on a stated day or during a stated period, a corrective services dog;\n- (d) a stated place is, or was on a stated day or during a stated period, a corrective services facility;\n- (e) a stated approval is, or was on a stated day or during a stated period, in force;\n- (f) a stated document is a copy of a document made under this Act, one of the repealed Acts or the Prisons Act 1958 ;\n- (g) the contents of a stated substance that was tested by a State analyst under the Medicines and Poisons Act 2019 ;\n- (h) a stated thing is, or was on a stated day or during a stated period— (i) property that is part of a corrective services facility; or (ii) other property of the State;\n- (i) property that is part of a corrective services facility; or\n- (ii) other property of the State;\n- (i) approval was not given for a stated act or omission that is alleged to have happened;\n- (j) the chief executive, on a stated day or during a stated period, personally served a document on a person under section 348B .\n- (i) property that is part of a corrective services facility; or\n- (ii) other property of the State;\n- (a) the chief executive; or\n- (b) a corrective services officer; or\n- (c) a board member; or\n- (d) an official visitor; or\n- (e) the chief inspector; or\n- (f) an inspector; or\n- (g) a police officer; or\n- (h) a community service supervisor.","sortOrder":647},{"sectionNumber":"ch.6-pt.15A","sectionType":"part","heading":null,"content":"","sortOrder":648},{"sectionNumber":"sec.351A","sectionType":"section","heading":null,"content":"### Section sec.351A\n\ns 351A ins 2020 No. 16 s 11\nsub 2022 No. 25 s 5\nexp 31 October 2023 (see s 351E)\nAIA s 20A applies (see s 351F)","sortOrder":649},{"sectionNumber":"sec.351B","sectionType":"section","heading":null,"content":"### Section sec.351B\n\ns 351B ins 2020 No. 16 s 11\nAIA s 20A applies (see s 351F)\nom 2022 No. 6 s 6","sortOrder":650},{"sectionNumber":"sec.351C","sectionType":"section","heading":null,"content":"### Section sec.351C\n\ns 351C ins 2020 No. 16 s 11\namd 2022 No. 6 s 7 ; 2022 No. 25 s 6\nexp 31 October 2023 (see s 351E)\nAIA s 20A applies (see s 351F)","sortOrder":651},{"sectionNumber":"sec.351D","sectionType":"section","heading":null,"content":"### Section sec.351D\n\ns 351D prev s 351D ins 2020 No. 16 s 11\nom 2021 No. 16 s 6\npres s 351D ins 2022 No. 6 s 8\nexp 31 October 2023 (see s 351E)\nAIA s 20A applies (see s 351F)","sortOrder":652},{"sectionNumber":"sec.351E","sectionType":"section","heading":null,"content":"### Section sec.351E\n\ns 351E ins 2020 No. 16 s 11\namd 2020 No. 38 s 37 (1) ; 2022 No. 6 s 9 ; 2022 No. 25 s 7\nexp 31 October 2023 (see s 351E)\nAIA s 20A applies (see s 351F)","sortOrder":653},{"sectionNumber":"sec.351F","sectionType":"section","heading":null,"content":"### Section sec.351F\n\ns 351F ins 2020 No. 16 s 11\nexp 31 October 2023 (see s 351E)\nAIA s 20A applies (see s 351F)","sortOrder":654},{"sectionNumber":"ch.6-pt.15B","sectionType":"part","heading":null,"content":"","sortOrder":655},{"sectionNumber":"sec.351G","sectionType":"section","heading":null,"content":"### Section sec.351G\n\ns 351G ins 2021 No. 24 s 21\nexp 4 January 2023 (see s 351K)\nAIA s 20A applies (see s 351L)","sortOrder":656},{"sectionNumber":"sec.351H","sectionType":"section","heading":null,"content":"### Section sec.351H\n\ns 351H ins 2021 No. 24 s 21\nexp 4 January 2023 (see s 351K)\nAIA s 20A applies (see s 351L)","sortOrder":657},{"sectionNumber":"sec.351I","sectionType":"section","heading":null,"content":"### Section sec.351I\n\ns 351I ins 2021 No. 24 s 21\nexp 4 January 2023 (see s 351K)\nAIA s 20A applies (see s 351L)","sortOrder":658},{"sectionNumber":"sec.351J","sectionType":"section","heading":null,"content":"### Section sec.351J\n\ns 351J ins 2021 No. 24 s 21\nexp 4 January 2023 (see s 351K)\nAIA s 20A applies (see s 351L)","sortOrder":659},{"sectionNumber":"sec.351K","sectionType":"section","heading":null,"content":"### Section sec.351K\n\ns 351K ins 2021 No. 24 s 21\nexp 4 January 2023 (see s 351K)\nAIA s 20A applies (see s 351L)","sortOrder":660},{"sectionNumber":"sec.351L","sectionType":"section","heading":null,"content":"### Section sec.351L\n\ns 351L ins 2021 No. 24 s 21\nexp 4 January 2023 (see s 351K)\nAIA s 20A applies (see s 351L)","sortOrder":661},{"sectionNumber":"ch.6-pt.16","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":662},{"sectionNumber":"sec.352","sectionType":"section","heading":"Review of Act","content":"### sec.352 Review of Act\n\nThe Minister must review the efficacy and efficiency of this Act within 7 years after its commencement.","sortOrder":663},{"sectionNumber":"sec.353","sectionType":"section","heading":"Exemption from tolls","content":"### sec.353 Exemption from tolls\n\nA vehicle being used to transport prisoners is exempt from payment of a toll for the use of a road, bridge or ferry.","sortOrder":664},{"sectionNumber":"sec.354","sectionType":"section","heading":"Approved forms","content":"### sec.354 Approved forms\n\nThe chief executive may approve forms for use under this Act.\nIf there is an approved form for an order or instrument made or granted under this Act, the order or instrument must be in the approved form.\n(sec.354-ssec.1) The chief executive may approve forms for use under this Act.\n(sec.354-ssec.2) If there is an approved form for an order or instrument made or granted under this Act, the order or instrument must be in the approved form.","sortOrder":665},{"sectionNumber":"sec.355","sectionType":"section","heading":"Regulation-making power","content":"### sec.355 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may—\nprescribe matters relating to the parole board and the secretariat; or\nprescribe offences for a contravention of a regulation and fix a maximum penalty of not more than 20 penalty units for a contravention; or\nprescribe fees payable under this Act.\ns 355 amd 2017 No. 15 s 13\n(sec.355-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.355-ssec.2) Without limiting subsection (1) , a regulation may— prescribe matters relating to the parole board and the secretariat; or prescribe offences for a contravention of a regulation and fix a maximum penalty of not more than 20 penalty units for a contravention; or prescribe fees payable under this Act.\n- (a) prescribe matters relating to the parole board and the secretariat; or\n- (b) prescribe offences for a contravention of a regulation and fix a maximum penalty of not more than 20 penalty units for a contravention; or\n- (c) prescribe fees payable under this Act.","sortOrder":666},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":667},{"sectionNumber":"sec.356","sectionType":"section","heading":"Definitions for ch 7","content":"### sec.356 Definitions for ch 7\n\nIn this chapter—\n2000 Act means the Corrective Services Act 2000 .\napplied discipline procedure see section 406(2).\ncommencement means the commencement of this section.\nprevious , if followed by a provision number, means the provision under the 2000 Act.","sortOrder":668},{"sectionNumber":"sec.357","sectionType":"section","heading":"Continued actions or things to be read with necessary changes","content":"### sec.357 Continued actions or things to be read with necessary changes\n\nThis section applies if—\nan action was done or something was brought into existence under a provision of the 2000 Act (the previous action or thing ); and\na provision of this chapter provides that the previous action or thing continues in force or existence, or continues to have effect, and is taken to be an action or thing under this Act or a provision of this Act.\nsection 381(2)\nsection 443(2)\nThe previous action or thing is to be read with, or continued in force with, the changes necessary—\nto make it consistent with this Act; and\nto adapt its operation to this Act.\nSubsection (2) does not prevent the provision of this chapter providing for other matters in relation to the action or thing.\nAlso, the previous action or thing may be amended, repealed or revoked under this Act.\n(sec.357-ssec.1) This section applies if— an action was done or something was brought into existence under a provision of the 2000 Act (the previous action or thing ); and a provision of this chapter provides that the previous action or thing continues in force or existence, or continues to have effect, and is taken to be an action or thing under this Act or a provision of this Act. section 381(2) section 443(2)\n(sec.357-ssec.2) The previous action or thing is to be read with, or continued in force with, the changes necessary— to make it consistent with this Act; and to adapt its operation to this Act.\n(sec.357-ssec.3) Subsection (2) does not prevent the provision of this chapter providing for other matters in relation to the action or thing.\n(sec.357-ssec.4) Also, the previous action or thing may be amended, repealed or revoked under this Act.\n- (a) an action was done or something was brought into existence under a provision of the 2000 Act (the previous action or thing ); and\n- (b) a provision of this chapter provides that the previous action or thing continues in force or existence, or continues to have effect, and is taken to be an action or thing under this Act or a provision of this Act. Examples— • section 381(2) • section 443(2)\n- • section 381(2)\n- • section 443(2)\n- • section 381(2)\n- • section 443(2)\n- (a) to make it consistent with this Act; and\n- (b) to adapt its operation to this Act.","sortOrder":669},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Prisoners and other persons in custody","content":"# Prisoners and other persons in custody","sortOrder":670},{"sectionNumber":"ch.7-pt.2-div.1","sectionType":"division","heading":"Custody and admission","content":"## Custody and admission","sortOrder":671},{"sectionNumber":"sec.358","sectionType":"section","heading":"Where persons to be detained","content":"### sec.358 Where persons to be detained\n\nThis section applies to a person who—\nbefore the commencement, was sentenced to a period of imprisonment or required by law to be detained for a period; and\nimmediately before the commencement was detained in a corrective services facility.\nSubject to this Act, the person must continue to be detained.\nHowever, if the person was detained in a watch house under previous section 6(2)(b), subsection (2) does not prevent the person being taken to a corrective services facility.\nThis section is also subject to the Act s, and provisions of Acts, mentioned in section 6(3).\n(sec.358-ssec.1) This section applies to a person who— before the commencement, was sentenced to a period of imprisonment or required by law to be detained for a period; and immediately before the commencement was detained in a corrective services facility.\n(sec.358-ssec.2) Subject to this Act, the person must continue to be detained.\n(sec.358-ssec.3) However, if the person was detained in a watch house under previous section 6(2)(b), subsection (2) does not prevent the person being taken to a corrective services facility.\n(sec.358-ssec.4) This section is also subject to the Act s, and provisions of Acts, mentioned in section 6(3).\n- (a) before the commencement, was sentenced to a period of imprisonment or required by law to be detained for a period; and\n- (b) immediately before the commencement was detained in a corrective services facility.","sortOrder":672},{"sectionNumber":"sec.359","sectionType":"section","heading":"When persons in chief executive’s custody","content":"### sec.359 When persons in chief executive’s custody\n\nA person who, under the 2000 Act, was in the chief executive’s custody immediately before the commencement continues to be in the chief executive’s custody, subject to this Act.\nSee, for example, previous section 7.\nSubsection (1) does not prevent the application of a provision of this Act providing for when a person is in another person’s custody.\n(sec.359-ssec.1) A person who, under the 2000 Act, was in the chief executive’s custody immediately before the commencement continues to be in the chief executive’s custody, subject to this Act. See, for example, previous section 7.\n(sec.359-ssec.2) Subsection (1) does not prevent the application of a provision of this Act providing for when a person is in another person’s custody.","sortOrder":673},{"sectionNumber":"sec.360","sectionType":"section","heading":"When persons in commissioner’s custody","content":"### sec.360 When persons in commissioner’s custody\n\nA person who, under the 2000 Act, was in the commissioner’s custody immediately before the commencement continues to be in the commissioner’s custody, subject to this Act.\nSee, for example, previous section 8.\nSubsection (1) does not prevent the application of a provision of this Act providing for when a person is in another person’s custody.\n(sec.360-ssec.1) A person who, under the 2000 Act, was in the commissioner’s custody immediately before the commencement continues to be in the commissioner’s custody, subject to this Act. See, for example, previous section 8.\n(sec.360-ssec.2) Subsection (1) does not prevent the application of a provision of this Act providing for when a person is in another person’s custody.","sortOrder":674},{"sectionNumber":"sec.361","sectionType":"section","heading":"Authority for admission to corrective services facility","content":"### sec.361 Authority for admission to corrective services facility\n\nThis section applies to a person who—\nbefore the commencement, was validly admitted to a corrective services facility as mentioned in previous section 9(1); and\nSee section 475.\nimmediately before the commencement was validly detained in a corrective services facility.\nSubject to this Act, the continued detention of the person in a corrective services facility is valid.\n(sec.361-ssec.1) This section applies to a person who— before the commencement, was validly admitted to a corrective services facility as mentioned in previous section 9(1); and See section 475. immediately before the commencement was validly detained in a corrective services facility.\n(sec.361-ssec.2) Subject to this Act, the continued detention of the person in a corrective services facility is valid.\n- (a) before the commencement, was validly admitted to a corrective services facility as mentioned in previous section 9(1); and Note— See section 475.\n- (b) immediately before the commencement was validly detained in a corrective services facility.","sortOrder":675},{"sectionNumber":"sec.362","sectionType":"section","heading":"Continuation of record for identifying prisoners","content":"### sec.362 Continuation of record for identifying prisoners\n\nThe record kept by the chief executive under previous section 10(1) and in existence immediately before the commencement (the previous record ) is taken to be part of the record required under section 10(1).\nThe previous record may be dealt with under section 10, including by destroying photos and prints forming part of the previous record.\n(sec.362-ssec.1) The record kept by the chief executive under previous section 10(1) and in existence immediately before the commencement (the previous record ) is taken to be part of the record required under section 10(1).\n(sec.362-ssec.2) The previous record may be dealt with under section 10, including by destroying photos and prints forming part of the previous record.","sortOrder":676},{"sectionNumber":"sec.363","sectionType":"section","heading":"Prisoner classifications","content":"### sec.363 Prisoner classifications\n\nThis section applies to a prisoner who, immediately before the commencement, had a classification under previous section 12 ( previous classification ).\nIf, immediately before the commencement, the prisoner’s previous classification was maximum security, the chief executive is taken to have classified the prisoner under section 12(1) with the security classification of maximum.\nIf, immediately before the commencement, the prisoner’s previous classification was high security, medium security or low security, the chief executive is taken to have classified the prisoner under section 12(1) with the security classification of high.\nIf, immediately before the commencement, the prisoner’s previous classification was open security, the chief executive is taken to have classified the prisoner under section 12(1) with the security classification of low.\nFor applying section 13 to a prisoner to whom this section applies, the end of the first interval is to be worked out on the basis of the decision about classification, or a review of a classification, under previous section 12.\nA prisoner was classified as maximum security on 1 October 2005. On 26 March 2006, the prisoner’s classification was reviewed under previous section 12 as low security. No change is made to the classification before the commencement and, under subsection (3), the prisoner’s security classification is high on the commencement. Under section 13(1)(b), a prisoner’s security classification of high must be reviewed at intervals of not longer than 1 year. Therefore, under subsection (5), the prisoner’s security classification must be reviewed before 26 March 2007.\n(sec.363-ssec.1) This section applies to a prisoner who, immediately before the commencement, had a classification under previous section 12 ( previous classification ).\n(sec.363-ssec.2) If, immediately before the commencement, the prisoner’s previous classification was maximum security, the chief executive is taken to have classified the prisoner under section 12(1) with the security classification of maximum.\n(sec.363-ssec.3) If, immediately before the commencement, the prisoner’s previous classification was high security, medium security or low security, the chief executive is taken to have classified the prisoner under section 12(1) with the security classification of high.\n(sec.363-ssec.4) If, immediately before the commencement, the prisoner’s previous classification was open security, the chief executive is taken to have classified the prisoner under section 12(1) with the security classification of low.\n(sec.363-ssec.5) For applying section 13 to a prisoner to whom this section applies, the end of the first interval is to be worked out on the basis of the decision about classification, or a review of a classification, under previous section 12. A prisoner was classified as maximum security on 1 October 2005. On 26 March 2006, the prisoner’s classification was reviewed under previous section 12 as low security. No change is made to the classification before the commencement and, under subsection (3), the prisoner’s security classification is high on the commencement. Under section 13(1)(b), a prisoner’s security classification of high must be reviewed at intervals of not longer than 1 year. Therefore, under subsection (5), the prisoner’s security classification must be reviewed before 26 March 2007.","sortOrder":677},{"sectionNumber":"sec.364","sectionType":"section","heading":"Asking chief executive to reconsider decision about classification","content":"### sec.364 Asking chief executive to reconsider decision about classification\n\nThis section applies if, immediately before the commencement, a prisoner was entitled to apply under the 2000 Act for a reconsideration of the chief executive’s decision to change the prisoner’s classification.\nSee the repealed Corrective Services Regulation 2001 , section 4.\nThe prisoner may apply for a reconsideration of the decision under the 2000 Act as if this Act had not been enacted.\nHowever, the chief executive must reconsider the decision, and may confirm, amend or cancel the decision, as mentioned in section 16(3).\nAlso, the chief executive must give the prisoner an information notice about the reconsidered decision as mentioned in section 16(4).\n(sec.364-ssec.1) This section applies if, immediately before the commencement, a prisoner was entitled to apply under the 2000 Act for a reconsideration of the chief executive’s decision to change the prisoner’s classification. See the repealed Corrective Services Regulation 2001 , section 4.\n(sec.364-ssec.2) The prisoner may apply for a reconsideration of the decision under the 2000 Act as if this Act had not been enacted.\n(sec.364-ssec.3) However, the chief executive must reconsider the decision, and may confirm, amend or cancel the decision, as mentioned in section 16(3).\n(sec.364-ssec.4) Also, the chief executive must give the prisoner an information notice about the reconsidered decision as mentioned in section 16(4).","sortOrder":678},{"sectionNumber":"ch.7-pt.2-div.2","sectionType":"division","heading":"Management of prisoners","content":"## Management of prisoners","sortOrder":679},{"sectionNumber":"sec.365","sectionType":"section","heading":"Direction given before commencement","content":"### sec.365 Direction given before commencement\n\nA direction given under previous section 14(1) and in force immediately before the commencement is taken to be a direction given under section 20(1).","sortOrder":680},{"sectionNumber":"sec.366","sectionType":"section","heading":"Order or direction for medical examination or treatment","content":"### sec.366 Order or direction for medical examination or treatment\n\nThis section applies to an order given under previous section 15(2) (the previous order ), or a requirement made under previous section 15(3)(b) (the previous requirement ), if—\nthe previous order or previous requirement was in force immediately before the commencement; and\nthe medical examination mentioned in the order or requirement had not happened or been completed before the commencement.\nThe previous order is taken to be an order given under section 21(3) requiring the medical examination stated in the previous order.\nThe previous requirement is taken to be a requirement given under section 21(4)(a)(ii) requiring the medical examination stated in the previous requirement.\nThe previous order and the previous requirement may be amended or cancelled by the chief executive under section 21.\n(sec.366-ssec.1) This section applies to an order given under previous section 15(2) (the previous order ), or a requirement made under previous section 15(3)(b) (the previous requirement ), if— the previous order or previous requirement was in force immediately before the commencement; and the medical examination mentioned in the order or requirement had not happened or been completed before the commencement.\n(sec.366-ssec.2) The previous order is taken to be an order given under section 21(3) requiring the medical examination stated in the previous order.\n(sec.366-ssec.3) The previous requirement is taken to be a requirement given under section 21(4)(a)(ii) requiring the medical examination stated in the previous requirement.\n(sec.366-ssec.4) The previous order and the previous requirement may be amended or cancelled by the chief executive under section 21.\n- (a) the previous order or previous requirement was in force immediately before the commencement; and\n- (b) the medical examination mentioned in the order or requirement had not happened or been completed before the commencement.","sortOrder":681},{"sectionNumber":"sec.367","sectionType":"section","heading":"Authorisation for medical examination or treatment","content":"### sec.367 Authorisation for medical examination or treatment\n\nThis section applies to an authorisation given under previous section 15(7) and in force immediately before the commencement (the previous authorisation ) if the medical examination or treatment mentioned in the authorisation has not happened or been completed before the commencement.\nThe previous authorisation is taken to be an authorisation given under section 21(7) for the medical examination or treatment.\n(sec.367-ssec.1) This section applies to an authorisation given under previous section 15(7) and in force immediately before the commencement (the previous authorisation ) if the medical examination or treatment mentioned in the authorisation has not happened or been completed before the commencement.\n(sec.367-ssec.2) The previous authorisation is taken to be an authorisation given under section 21(7) for the medical examination or treatment.","sortOrder":682},{"sectionNumber":"sec.368","sectionType":"section","heading":"Application or approval for private medical examination or treatment","content":"### sec.368 Application or approval for private medical examination or treatment\n\nThis section applies to the following—\nan application made under previous section 16(1) if the application had not been approved or refused before the commencement (the previous application );\nan approval given by the chief executive under previous section 16(2) if the examination or treatment the subject of the approval had not happened or been completed before the commencement (the previous approval ).\nThe previous application is taken to be an application made under section 22(1).\nThe previous approval is taken to be an approval given under section 22(3) and any conditions that applied under the 2000 Act, or as stated in the previous approval, continue to apply to the previous approval.\n(sec.368-ssec.1) This section applies to the following— an application made under previous section 16(1) if the application had not been approved or refused before the commencement (the previous application ); an approval given by the chief executive under previous section 16(2) if the examination or treatment the subject of the approval had not happened or been completed before the commencement (the previous approval ).\n(sec.368-ssec.2) The previous application is taken to be an application made under section 22(1).\n(sec.368-ssec.3) The previous approval is taken to be an approval given under section 22(3) and any conditions that applied under the 2000 Act, or as stated in the previous approval, continue to apply to the previous approval.\n- (a) an application made under previous section 16(1) if the application had not been approved or refused before the commencement (the previous application );\n- (b) an approval given by the chief executive under previous section 16(2) if the examination or treatment the subject of the approval had not happened or been completed before the commencement (the previous approval ).","sortOrder":683},{"sectionNumber":"sec.369","sectionType":"section","heading":"Previous notice about lodging notice of intention to marry and approval and decision about marriage","content":"### sec.369 Previous notice about lodging notice of intention to marry and approval and decision about marriage\n\nA notice given to the chief executive under previous section 23(1) about lodging a notice of intention to marry is taken to be the notice required under section 26(1) about lodging a notice of intention to marry.\nAn approval, and any decision of the chief executive about the way a marriage is to be conducted, under previous section 23(2) is taken to be an approval or decision as mentioned in section 26(2).\n(sec.369-ssec.1) A notice given to the chief executive under previous section 23(1) about lodging a notice of intention to marry is taken to be the notice required under section 26(1) about lodging a notice of intention to marry.\n(sec.369-ssec.2) An approval, and any decision of the chief executive about the way a marriage is to be conducted, under previous section 23(2) is taken to be an approval or decision as mentioned in section 26(2).","sortOrder":684},{"sectionNumber":"sec.370","sectionType":"section","heading":"Previous notice about change of name","content":"### sec.370 Previous notice about change of name\n\nSection 27 does not apply to a person who changes the person’s name if the person gave notice to the chief executive about the change under previous section 24.","sortOrder":685},{"sectionNumber":"sec.371","sectionType":"section","heading":"Carrying on a business","content":"### sec.371 Carrying on a business\n\nSection 28(1) does not apply, until the end of 21 days after the commencement, to a prisoner in a corrective services facility who was carrying on a business immediately before the commencement.","sortOrder":686},{"sectionNumber":"ch.7-pt.2-div.3","sectionType":"division","heading":"Children accommodated with female prisoners","content":"## Children accommodated with female prisoners","sortOrder":687},{"sectionNumber":"sec.372","sectionType":"section","heading":"Application or approval for accommodation of child with prisoner","content":"### sec.372 Application or approval for accommodation of child with prisoner\n\nThis section applies if an application was made under previous section 20 to have a child accommodated with a prisoner (the previous application ).\nIf the previous application was neither approved nor refused before the commencement, the previous application is taken to be an application made under section 29(3).\nIf the previous application was granted before the commencement, and the grant was not cancelled or the child was not removed before the commencement, the previous application is taken to have been granted under section 30(1).\nTo remove any doubt, it is declared that, under section 31, the chief executive may remove a child being accommodated with a prisoner in a corrective services facility even though the chief executive did not originally grant the application allowing the child to be so accommodated.\n(sec.372-ssec.1) This section applies if an application was made under previous section 20 to have a child accommodated with a prisoner (the previous application ).\n(sec.372-ssec.2) If the previous application was neither approved nor refused before the commencement, the previous application is taken to be an application made under section 29(3).\n(sec.372-ssec.3) If the previous application was granted before the commencement, and the grant was not cancelled or the child was not removed before the commencement, the previous application is taken to have been granted under section 30(1).\n(sec.372-ssec.4) To remove any doubt, it is declared that, under section 31, the chief executive may remove a child being accommodated with a prisoner in a corrective services facility even though the chief executive did not originally grant the application allowing the child to be so accommodated.","sortOrder":688},{"sectionNumber":"sec.373","sectionType":"section","heading":"Reviewing decisions about children","content":"### sec.373 Reviewing decisions about children\n\nThis section applies if, immediately before the commencement, a female prisoner was entitled to apply under previous section 22 to the chief executive to review a decision mentioned in that section, but had not applied.\nThe female prisoner may apply for a review of the decision under previous section 22, and the chief executive must review the decision, as if this Act had not been enacted.\n(sec.373-ssec.1) This section applies if, immediately before the commencement, a female prisoner was entitled to apply under previous section 22 to the chief executive to review a decision mentioned in that section, but had not applied.\n(sec.373-ssec.2) The female prisoner may apply for a review of the decision under previous section 22, and the chief executive must review the decision, as if this Act had not been enacted.","sortOrder":689},{"sectionNumber":"sec.374","sectionType":"section","heading":"Existing application for review of decision about accommodation of child with prisoner","content":"### sec.374 Existing application for review of decision about accommodation of child with prisoner\n\nThis section applies if, before the commencement—\na person had applied under previous section 22 for a review of a decision mentioned in that section; and\nthe application had not been dealt with by the chief executive giving the prisoner written notice of the decision.\nThe chief executive must deal with the application under previous section 22 as if this Act had not been enacted.\n(sec.374-ssec.1) This section applies if, before the commencement— a person had applied under previous section 22 for a review of a decision mentioned in that section; and the application had not been dealt with by the chief executive giving the prisoner written notice of the decision.\n(sec.374-ssec.2) The chief executive must deal with the application under previous section 22 as if this Act had not been enacted.\n- (a) a person had applied under previous section 22 for a review of a decision mentioned in that section; and\n- (b) the application had not been dealt with by the chief executive giving the prisoner written notice of the decision.","sortOrder":690},{"sectionNumber":"ch.7-pt.2-div.4","sectionType":"division","heading":"Search of prisoners","content":"## Search of prisoners","sortOrder":691},{"sectionNumber":"sec.375","sectionType":"section","heading":"Existing order for personal searching whenever prisoner leaves part of secure facility","content":"### sec.375 Existing order for personal searching whenever prisoner leaves part of secure facility\n\nThis section applies to an order given under previous section 26(1) in relation to a part of a secure facility if the order was in force immediately before the commencement.\nThe order is taken to be an order given by the chief executive under section 34(1) in relation to the part of the secure facility.\n(sec.375-ssec.1) This section applies to an order given under previous section 26(1) in relation to a part of a secure facility if the order was in force immediately before the commencement.\n(sec.375-ssec.2) The order is taken to be an order given by the chief executive under section 34(1) in relation to the part of the secure facility.","sortOrder":692},{"sectionNumber":"sec.376","sectionType":"section","heading":"Existing direction or order for strip searching of prisoner","content":"### sec.376 Existing direction or order for strip searching of prisoner\n\nThis section applies to a direction or order given under previous section 26A in relation to a prisoner if the direction or order was in force immediately before the commencement.\nA direction under previous section 26A(1) is taken to be a direction given under section 35(1) in relation to the prisoner.\nAn order under previous section 26A(2)—\nis taken to be an order giving effect to a direction under section 35(1) in relation to the prisoner; and\nmay be amended or cancelled by the chief executive.\n(sec.376-ssec.1) This section applies to a direction or order given under previous section 26A in relation to a prisoner if the direction or order was in force immediately before the commencement.\n(sec.376-ssec.2) A direction under previous section 26A(1) is taken to be a direction given under section 35(1) in relation to the prisoner.\n(sec.376-ssec.3) An order under previous section 26A(2)— is taken to be an order giving effect to a direction under section 35(1) in relation to the prisoner; and may be amended or cancelled by the chief executive.\n- (a) is taken to be an order giving effect to a direction under section 35(1) in relation to the prisoner; and\n- (b) may be amended or cancelled by the chief executive.","sortOrder":693},{"sectionNumber":"sec.377","sectionType":"section","heading":"Continuation of register of searches","content":"### sec.377 Continuation of register of searches\n\nThe register kept for a corrective services facility under previous section 29 and in existence immediately before the commencement is taken to be part of the register required under section 40(1) for the facility.","sortOrder":694},{"sectionNumber":"sec.378","sectionType":"section","heading":"Test samples","content":"### sec.378 Test samples\n\nA test sample given by a person under previous section 30 before the commencement is taken to have been given by the person under section 41.\nFor section 43, a reference to a positive test sample includes—\na test sample for which test results obtained before the commencement showed the sample to be a positive test sample under the 2000 Act; or\na test sample given before the commencement for which test results obtained after the commencement showed the sample to be a positive test sample under this Act.\n(sec.378-ssec.1) A test sample given by a person under previous section 30 before the commencement is taken to have been given by the person under section 41.\n(sec.378-ssec.2) For section 43, a reference to a positive test sample includes— a test sample for which test results obtained before the commencement showed the sample to be a positive test sample under the 2000 Act; or a test sample given before the commencement for which test results obtained after the commencement showed the sample to be a positive test sample under this Act.\n- (a) a test sample for which test results obtained before the commencement showed the sample to be a positive test sample under the 2000 Act; or\n- (b) a test sample given before the commencement for which test results obtained after the commencement showed the sample to be a positive test sample under this Act.","sortOrder":695},{"sectionNumber":"sec.379","sectionType":"section","heading":"Requirement for test sample before commencement but test sample not given","content":"### sec.379 Requirement for test sample before commencement but test sample not given\n\nThis section applies if—\na person was required to give a test sample as mentioned in previous section 30; and\nthe person had not complied with the requirement before the commencement.\nThe previous requirement is taken to be a requirement under section 41.\n(sec.379-ssec.1) This section applies if— a person was required to give a test sample as mentioned in previous section 30; and the person had not complied with the requirement before the commencement.\n(sec.379-ssec.2) The previous requirement is taken to be a requirement under section 41.\n- (a) a person was required to give a test sample as mentioned in previous section 30; and\n- (b) the person had not complied with the requirement before the commencement.","sortOrder":696},{"sectionNumber":"ch.7-pt.2-div.5","sectionType":"division","heading":"Mail and phone calls","content":"## Mail and phone calls","sortOrder":697},{"sectionNumber":"sec.380","sectionType":"section","heading":"Phone calls","content":"### sec.380 Phone calls\n\nThe approval of a person or number as mentioned in previous section 36(1)(b) and in force immediately before the commencement is taken to be an approval of the person or telephone number as mentioned in section 50(1)(b).","sortOrder":698},{"sectionNumber":"ch.7-pt.2-div.6","sectionType":"division","heading":"Special treatment orders and crisis support orders","content":"## Special treatment orders and crisis support orders","sortOrder":699},{"sectionNumber":"sec.381","sectionType":"section","heading":"Special treatment order and crisis support order","content":"### sec.381 Special treatment order and crisis support order\n\nThis section applies to each of the following (each of which is a previous order ) if the previous order was in force immediately before the commencement—\na special treatment order made under previous section 38;\na crisis support order made under previous section 42.\nThe previous order—\ncontinues in force according to its terms; and\nis taken to be a safety order made under section 53.\nA medical examination carried out on the prisoner the subject of the previous order under previous section 40 or 45 is taken to be a medical examination carried out on the prisoner under section 57.\n(sec.381-ssec.1) This section applies to each of the following (each of which is a previous order ) if the previous order was in force immediately before the commencement— a special treatment order made under previous section 38; a crisis support order made under previous section 42.\n(sec.381-ssec.2) The previous order— continues in force according to its terms; and is taken to be a safety order made under section 53.\n(sec.381-ssec.3) A medical examination carried out on the prisoner the subject of the previous order under previous section 40 or 45 is taken to be a medical examination carried out on the prisoner under section 57.\n- (a) a special treatment order made under previous section 38;\n- (b) a crisis support order made under previous section 42.\n- (a) continues in force according to its terms; and\n- (b) is taken to be a safety order made under section 53.","sortOrder":700},{"sectionNumber":"sec.382","sectionType":"section","heading":"Review of special treatment order","content":"### sec.382 Review of special treatment order\n\nIf, immediately before the commencement, a prisoner had asked, under previous section 39(2), for a special treatment order to be referred to an official visitor for review, the chief executive must ensure the order was or is referred to an official visitor for review.\nThe referral of the special treatment order to an official visitor before or after the commencement is taken to be a referral made under section 56.\n(sec.382-ssec.1) If, immediately before the commencement, a prisoner had asked, under previous section 39(2), for a special treatment order to be referred to an official visitor for review, the chief executive must ensure the order was or is referred to an official visitor for review.\n(sec.382-ssec.2) The referral of the special treatment order to an official visitor before or after the commencement is taken to be a referral made under section 56.","sortOrder":701},{"sectionNumber":"sec.383","sectionType":"section","heading":"Review of crisis support order","content":"### sec.383 Review of crisis support order\n\nIf, immediately before the commencement, a prisoner had asked, under previous section 44(1), for a crisis support order to be reviewed, the chief executive must ensure the order was or is referred to a doctor or psychologist as required under previous section 44(2).\nThe referral of the crisis support order to a doctor or psychologist before or after the commencement is taken to be a referral made under section 55(1).\n(sec.383-ssec.1) If, immediately before the commencement, a prisoner had asked, under previous section 44(1), for a crisis support order to be reviewed, the chief executive must ensure the order was or is referred to a doctor or psychologist as required under previous section 44(2).\n(sec.383-ssec.2) The referral of the crisis support order to a doctor or psychologist before or after the commencement is taken to be a referral made under section 55(1).","sortOrder":702},{"sectionNumber":"sec.384","sectionType":"section","heading":"Continuation of records about special treatment orders and crisis support orders","content":"### sec.384 Continuation of records about special treatment orders and crisis support orders\n\nThis section applies to each of the following records as in existence immediately before the commencement (each of which is a previous record )—\nthe record kept for a corrective services facility under previous section 41;\nthe record kept for a corrective services facility under previous section 46.\nEach previous record kept for a corrective services facility is taken to be part of the record required under section 59(1) for the facility.\n(sec.384-ssec.1) This section applies to each of the following records as in existence immediately before the commencement (each of which is a previous record )— the record kept for a corrective services facility under previous section 41; the record kept for a corrective services facility under previous section 46.\n(sec.384-ssec.2) Each previous record kept for a corrective services facility is taken to be part of the record required under section 59(1) for the facility.\n- (a) the record kept for a corrective services facility under previous section 41;\n- (b) the record kept for a corrective services facility under previous section 46.","sortOrder":703},{"sectionNumber":"ch.7-pt.2-div.7","sectionType":"division","heading":"Maximum security orders","content":"## Maximum security orders","sortOrder":704},{"sectionNumber":"sec.385","sectionType":"section","heading":"Maximum security order","content":"### sec.385 Maximum security order\n\nThis section applies to a maximum security order made under previous section 47 and in force immediately before the commencement (the previous order ).\nThe previous order—\ncontinues in force according to its terms; and\nis taken to be a maximum security order made under section 60.\n(sec.385-ssec.1) This section applies to a maximum security order made under previous section 47 and in force immediately before the commencement (the previous order ).\n(sec.385-ssec.2) The previous order— continues in force according to its terms; and is taken to be a maximum security order made under section 60.\n- (a) continues in force according to its terms; and\n- (b) is taken to be a maximum security order made under section 60.","sortOrder":705},{"sectionNumber":"sec.386","sectionType":"section","heading":"Medical examination","content":"### sec.386 Medical examination\n\nA medical examination carried out under previous section 51 on a prisoner the subject of an order made under previous section 47 is taken to be a medical examination carried out on the prisoner under section 64.","sortOrder":706},{"sectionNumber":"sec.387","sectionType":"section","heading":"Review of maximum security order","content":"### sec.387 Review of maximum security order\n\nIf, immediately before the commencement, a prisoner had asked, under previous section 50(1) or (6), for an order under previous section 47 to be referred to an official visitor for review, the chief executive must ensure the order was or is referred to an official visitor for review.\nThe referral of the order to an official visitor before or after the commencement is taken to be a referral made under section 63.\nIf, immediately before the commencement, a prisoner was entitled under previous section 50(1) to ask for a maximum security order to be referred to an official visitor for review, but had not asked, the prisoner may apply under section 63 for the referral.\n(sec.387-ssec.1) If, immediately before the commencement, a prisoner had asked, under previous section 50(1) or (6), for an order under previous section 47 to be referred to an official visitor for review, the chief executive must ensure the order was or is referred to an official visitor for review.\n(sec.387-ssec.2) The referral of the order to an official visitor before or after the commencement is taken to be a referral made under section 63.\n(sec.387-ssec.3) If, immediately before the commencement, a prisoner was entitled under previous section 50(1) to ask for a maximum security order to be referred to an official visitor for review, but had not asked, the prisoner may apply under section 63 for the referral.","sortOrder":707},{"sectionNumber":"sec.388","sectionType":"section","heading":"Continuation of record about maximum security orders","content":"### sec.388 Continuation of record about maximum security orders\n\nThe record kept for a corrective services facility under previous section 52 and in existence immediately before the commencement is taken to be part of the record required under section 65 for the corrective services facility.","sortOrder":708},{"sectionNumber":"ch.7-pt.2-div.8","sectionType":"division","heading":"Transfer and removal of prisoners","content":"## Transfer and removal of prisoners","sortOrder":709},{"sectionNumber":"sec.389","sectionType":"section","heading":"Transfer to another corrective services facility or health institution","content":"### sec.389 Transfer to another corrective services facility or health institution\n\nAn order made under previous section 53(1) for a prisoner—\ncontinues in force according to its terms; and\nis taken to be an order made by the chief executive under section 68(1) for the prisoner.\nSubsection (3) applies if, immediately before the commencement—\na prisoner had asked, under previous section 53(5), for a review of a decision transferring the prisoner; and\nthe chief executive had not confirmed, amended or cancelled the decision.\nThe chief executive must reconsider the decision as if the prisoner had made an application for the reconsideration under section 71(2).\nIf, immediately before the commencement, a prisoner was entitled under previous section 53(5) to ask for a review of a decision transferring the prisoner, but had not asked, the prisoner may apply under section 71(2) for a reconsideration of the decision.\nTo remove any doubt, it is declared that section 68(5) applies to a person who, before the commencement, was a prisoner who was transferred to an authorised mental health service and became a classified patient under the Mental Health Act 2000 .\n(sec.389-ssec.1) An order made under previous section 53(1) for a prisoner— continues in force according to its terms; and is taken to be an order made by the chief executive under section 68(1) for the prisoner.\n(sec.389-ssec.2) Subsection (3) applies if, immediately before the commencement— a prisoner had asked, under previous section 53(5), for a review of a decision transferring the prisoner; and the chief executive had not confirmed, amended or cancelled the decision.\n(sec.389-ssec.3) The chief executive must reconsider the decision as if the prisoner had made an application for the reconsideration under section 71(2).\n(sec.389-ssec.4) If, immediately before the commencement, a prisoner was entitled under previous section 53(5) to ask for a review of a decision transferring the prisoner, but had not asked, the prisoner may apply under section 71(2) for a reconsideration of the decision.\n(sec.389-ssec.5) To remove any doubt, it is declared that section 68(5) applies to a person who, before the commencement, was a prisoner who was transferred to an authorised mental health service and became a classified patient under the Mental Health Act 2000 .\n- (a) continues in force according to its terms; and\n- (b) is taken to be an order made by the chief executive under section 68(1) for the prisoner.\n- (a) a prisoner had asked, under previous section 53(5), for a review of a decision transferring the prisoner; and\n- (b) the chief executive had not confirmed, amended or cancelled the decision.","sortOrder":710},{"sectionNumber":"sec.390","sectionType":"section","heading":"Transfer to court","content":"### sec.390 Transfer to court\n\nAn order or attendance authority as mentioned in previous section 54(1) for producing a prisoner at a time after the commencement—\ncontinues in force according to its terms; and\nis taken to be an order or attendance authority as mentioned in section 69(1) for producing the prisoner.\n- (a) continues in force according to its terms; and\n- (b) is taken to be an order or attendance authority as mentioned in section 69(1) for producing the prisoner.","sortOrder":711},{"sectionNumber":"sec.391","sectionType":"section","heading":"Removal of prisoner for law enforcement purposes","content":"### sec.391 Removal of prisoner for law enforcement purposes\n\nAn authority given under previous section 55(2) for a prisoner to be removed from a corrective services facility at a time after the commencement—\ncontinues in force according to its terms; and\nis taken to be an authority given under section 70(2) relating to the prisoner.\nTo remove any doubt, it is declared that section 70(5) applies to the prisoner.\ns 391 amd 2024 No. 25 s 3 sch 1\n(sec.391-ssec.1) An authority given under previous section 55(2) for a prisoner to be removed from a corrective services facility at a time after the commencement— continues in force according to its terms; and is taken to be an authority given under section 70(2) relating to the prisoner.\n(sec.391-ssec.2) To remove any doubt, it is declared that section 70(5) applies to the prisoner.\n- (a) continues in force according to its terms; and\n- (b) is taken to be an authority given under section 70(2) relating to the prisoner.","sortOrder":712},{"sectionNumber":"sec.392","sectionType":"section","heading":"WORC and WCC programs","content":"### sec.392 WORC and WCC programs\n\nThis section applies to an order made under previous section 56 for a prisoner to participate in a WORC program or WCC program as mentioned in that section (the previous order ).\nIf the previous order was in force immediately before the commencement, the previous order—\ncontinues in force according to its terms; and\nis taken to be a work order made under section 66 for the prisoner.\n(sec.392-ssec.1) This section applies to an order made under previous section 56 for a prisoner to participate in a WORC program or WCC program as mentioned in that section (the previous order ).\n(sec.392-ssec.2) If the previous order was in force immediately before the commencement, the previous order— continues in force according to its terms; and is taken to be a work order made under section 66 for the prisoner.\n- (a) continues in force according to its terms; and\n- (b) is taken to be a work order made under section 66 for the prisoner.","sortOrder":713},{"sectionNumber":"ch.7-pt.2-div.9","sectionType":"division","heading":"Leave of absence","content":"## Leave of absence","sortOrder":714},{"sectionNumber":"sec.393","sectionType":"section","heading":"Existing order for leave other than resettlement leave","content":"### sec.393 Existing order for leave other than resettlement leave\n\nThis section applies to an order granting leave, other than resettlement leave, to a prisoner under previous section 58(1) (the previous order ) if the previous order was in force immediately before the commencement.\nThe previous order continues in force according to its terms and is taken to be an order made under section 72.\nIf previous section 58(1) included a term to describe the leave granted by the previous order and that term is used in section 72(1) to describe leave, the previous order is an order made under section 72(1) for leave with the same term.\n(sec.393-ssec.1) This section applies to an order granting leave, other than resettlement leave, to a prisoner under previous section 58(1) (the previous order ) if the previous order was in force immediately before the commencement.\n(sec.393-ssec.2) The previous order continues in force according to its terms and is taken to be an order made under section 72.\n(sec.393-ssec.3) If previous section 58(1) included a term to describe the leave granted by the previous order and that term is used in section 72(1) to describe leave, the previous order is an order made under section 72(1) for leave with the same term.","sortOrder":715},{"sectionNumber":"sec.394","sectionType":"section","heading":"Existing order for resettlement leave","content":"### sec.394 Existing order for resettlement leave\n\nThis section applies to an order granting resettlement leave to a prisoner under previous section 58(1)(e) (the previous order ) if the previous order was in force immediately before the commencement.\nThe previous order—\ncontinues in force according to its terms; and\nis taken to be an order made under section 72(1)(f).\nThe resettlement leave program under the previous order is taken to be an approved resettlement leave program.\n(sec.394-ssec.1) This section applies to an order granting resettlement leave to a prisoner under previous section 58(1)(e) (the previous order ) if the previous order was in force immediately before the commencement.\n(sec.394-ssec.2) The previous order— continues in force according to its terms; and is taken to be an order made under section 72(1)(f).\n(sec.394-ssec.3) The resettlement leave program under the previous order is taken to be an approved resettlement leave program.\n- (a) continues in force according to its terms; and\n- (b) is taken to be an order made under section 72(1)(f).","sortOrder":716},{"sectionNumber":"sec.395","sectionType":"section","heading":"Existing authority for prisoner’s expenses while on leave","content":"### sec.395 Existing authority for prisoner’s expenses while on leave\n\nAn authority under previous section 63(1) that was in force immediately before the commencement—\ncontinues in force according to its terms; and\nis taken to be an authority under section 83(1).\n- (a) continues in force according to its terms; and\n- (b) is taken to be an authority under section 83(1).","sortOrder":717},{"sectionNumber":"sec.396","sectionType":"section","heading":"Existing suspension of order for leave and requirement to return to corrective services facility","content":"### sec.396 Existing suspension of order for leave and requirement to return to corrective services facility\n\nA suspension and requirement under previous section 64(4) that was in force immediately before the commencement—\ncontinues in force according to its terms; and\nis taken to be a suspension and requirement under section 85(1).\n- (a) continues in force according to its terms; and\n- (b) is taken to be a suspension and requirement under section 85(1).","sortOrder":718},{"sectionNumber":"ch.7-pt.2-div.10","sectionType":"division","heading":"Interstate leave of absence","content":"## Interstate leave of absence","sortOrder":719},{"sectionNumber":"sec.397","sectionType":"section","heading":"Existing interstate leave permit","content":"### sec.397 Existing interstate leave permit\n\nThis section applies to an interstate leave permit issued to a prisoner under previous section 67 (the previous permit ) if—\nthe permit was in force immediately before the commencement; and\nthe period stated in the permit had not expired before the commencement.\nThe previous permit—\ncontinues in force according to its terms; and\nis taken to be an interstate leave permit issued under section 89.\n(sec.397-ssec.1) This section applies to an interstate leave permit issued to a prisoner under previous section 67 (the previous permit ) if— the permit was in force immediately before the commencement; and the period stated in the permit had not expired before the commencement.\n(sec.397-ssec.2) The previous permit— continues in force according to its terms; and is taken to be an interstate leave permit issued under section 89.\n- (a) the permit was in force immediately before the commencement; and\n- (b) the period stated in the permit had not expired before the commencement.\n- (a) continues in force according to its terms; and\n- (b) is taken to be an interstate leave permit issued under section 89.","sortOrder":720},{"sectionNumber":"sec.398","sectionType":"section","heading":"Existing warrant for return of interstate prisoner","content":"### sec.398 Existing warrant for return of interstate prisoner\n\nThis section applies to a warrant issued for an interstate prisoner under previous section 72(4) (the previous warrant ) if, immediately before the commencement, the warrant was in effect and had not been executed.\nThe previous warrant—\ncontinues to have effect according to its terms; and\nis taken to be a warrant issued under section 95(4).\n(sec.398-ssec.1) This section applies to a warrant issued for an interstate prisoner under previous section 72(4) (the previous warrant ) if, immediately before the commencement, the warrant was in effect and had not been executed.\n(sec.398-ssec.2) The previous warrant— continues to have effect according to its terms; and is taken to be a warrant issued under section 95(4).\n- (a) continues to have effect according to its terms; and\n- (b) is taken to be a warrant issued under section 95(4).","sortOrder":721},{"sectionNumber":"sec.399","sectionType":"section","heading":"Liability for damage because of interstate leave permit","content":"### sec.399 Liability for damage because of interstate leave permit\n\nPrevious section 73 continues to apply in relation to an act done or omission made, or a right of action that existed, before the commencement, as if this Act had not been enacted.","sortOrder":722},{"sectionNumber":"ch.7-pt.2-div.11","sectionType":"division","heading":"Remission and conditional release","content":"## Remission and conditional release","sortOrder":723},{"sectionNumber":"sec.400","sectionType":"section","heading":"Existing grant of remission","content":"### sec.400 Existing grant of remission\n\nA grant of remission made under previous section 75(2) or (4) before the commencement is not affected by the enactment of this Act.","sortOrder":724},{"sectionNumber":"sec.401","sectionType":"section","heading":"Eligibility for remission","content":"### sec.401 Eligibility for remission\n\nThis section applies if, immediately before the commencement—\na prisoner was eligible for remission of a term of imprisonment under previous section 75(1); and\nthe prisoner had served at least two-thirds of the term of imprisonment; and\nthe chief executive had not made a decision about granting remission of the term of imprisonment.\nThe chief executive must make a decision about granting the remission under previous section 75 as if this Act had not been enacted.\nFor subsection (2), previous sections 77, 78 and 79 continue to apply as if this Act had not been enacted.\n(sec.401-ssec.1) This section applies if, immediately before the commencement— a prisoner was eligible for remission of a term of imprisonment under previous section 75(1); and the prisoner had served at least two-thirds of the term of imprisonment; and the chief executive had not made a decision about granting remission of the term of imprisonment.\n(sec.401-ssec.2) The chief executive must make a decision about granting the remission under previous section 75 as if this Act had not been enacted.\n(sec.401-ssec.3) For subsection (2), previous sections 77, 78 and 79 continue to apply as if this Act had not been enacted.\n- (a) a prisoner was eligible for remission of a term of imprisonment under previous section 75(1); and\n- (b) the prisoner had served at least two-thirds of the term of imprisonment; and\n- (c) the chief executive had not made a decision about granting remission of the term of imprisonment.","sortOrder":725},{"sectionNumber":"sec.402","sectionType":"section","heading":"Court order for remaking decision about remission","content":"### sec.402 Court order for remaking decision about remission\n\nThis section applies to a decision of the chief executive under previous section 75 or section 401 about a grant of remission if, after the commencement, a court orders the decision be set aside and remade.\nThe chief executive must remake the decision about granting remission under previous section 75 as if this Act had not been enacted.\nFor subsection (2), previous sections 77, 78 and 79 continue to apply as if this Act had not been enacted.\n(sec.402-ssec.1) This section applies to a decision of the chief executive under previous section 75 or section 401 about a grant of remission if, after the commencement, a court orders the decision be set aside and remade.\n(sec.402-ssec.2) The chief executive must remake the decision about granting remission under previous section 75 as if this Act had not been enacted.\n(sec.402-ssec.3) For subsection (2), previous sections 77, 78 and 79 continue to apply as if this Act had not been enacted.","sortOrder":726},{"sectionNumber":"sec.403","sectionType":"section","heading":"Existing conditional release order","content":"### sec.403 Existing conditional release order\n\nThis section applies to a conditional release order for a prisoner made under previous section 76(3) before the commencement (the previous order ) if, immediately before the commencement, the previous order had not expired or had not been suspended or cancelled under previous section 80.\nThe previous order as in force immediately before the commencement—\ncontinues in force according to its terms; and\nis taken to be a conditional release order for the prisoner made under section 98(1).\nSubsection (4) applies if, immediately before the commencement, the previous order was suspended or cancelled under previous section 80 and matters in relation to the suspension or cancellation had not been fully dealt with under the 2000 Act.\nIf the chief executive had not issued a warrant under previous section 80(2), the chief executive may issue a warrant under section 104(1).\nIf the chief executive had not given the relevant prisoner an information notice under previous section 80(5), the chief executive must give the prisoner an information notice under section 105(1).\nChapter 2, part 2, division 10, subdivision 3 of this Act applies in relation to the suspension or cancellation.\nHowever, if, because of a suspension or cancellation made before the commencement, the chief executive intends to make another order for the conditional release of the prisoner, it must be made under this Act and not under previous section 76.\n(sec.403-ssec.1) This section applies to a conditional release order for a prisoner made under previous section 76(3) before the commencement (the previous order ) if, immediately before the commencement, the previous order had not expired or had not been suspended or cancelled under previous section 80.\n(sec.403-ssec.2) The previous order as in force immediately before the commencement— continues in force according to its terms; and is taken to be a conditional release order for the prisoner made under section 98(1).\n(sec.403-ssec.3) Subsection (4) applies if, immediately before the commencement, the previous order was suspended or cancelled under previous section 80 and matters in relation to the suspension or cancellation had not been fully dealt with under the 2000 Act. If the chief executive had not issued a warrant under previous section 80(2), the chief executive may issue a warrant under section 104(1). If the chief executive had not given the relevant prisoner an information notice under previous section 80(5), the chief executive must give the prisoner an information notice under section 105(1).\n(sec.403-ssec.4) Chapter 2, part 2, division 10, subdivision 3 of this Act applies in relation to the suspension or cancellation.\n(sec.403-ssec.5) However, if, because of a suspension or cancellation made before the commencement, the chief executive intends to make another order for the conditional release of the prisoner, it must be made under this Act and not under previous section 76.\n- (a) continues in force according to its terms; and\n- (b) is taken to be a conditional release order for the prisoner made under section 98(1).\n- 1 If the chief executive had not issued a warrant under previous section 80(2), the chief executive may issue a warrant under section 104(1).\n- 2 If the chief executive had not given the relevant prisoner an information notice under previous section 80(5), the chief executive must give the prisoner an information notice under section 105(1).","sortOrder":727},{"sectionNumber":"sec.404","sectionType":"section","heading":"Notice about considering to refuse to make conditional release order","content":"### sec.404 Notice about considering to refuse to make conditional release order\n\nThis section applies if, before the commencement, the chief executive—\ngave a prisoner a notice under previous section 79(2) about an order for the prisoner’s conditional release (the previous notice ); and\nhad not given a written notice under previous section 79(3) refusing the conditional release.\nThe previous notice is taken to be a notice given to the prisoner under section 101(1).\n(sec.404-ssec.1) This section applies if, before the commencement, the chief executive— gave a prisoner a notice under previous section 79(2) about an order for the prisoner’s conditional release (the previous notice ); and had not given a written notice under previous section 79(3) refusing the conditional release.\n(sec.404-ssec.2) The previous notice is taken to be a notice given to the prisoner under section 101(1).\n- (a) gave a prisoner a notice under previous section 79(2) about an order for the prisoner’s conditional release (the previous notice ); and\n- (b) had not given a written notice under previous section 79(3) refusing the conditional release.","sortOrder":728},{"sectionNumber":"ch.7-pt.2-div.12","sectionType":"division","heading":"Arrest of prisoners","content":"## Arrest of prisoners","sortOrder":729},{"sectionNumber":"sec.405","sectionType":"section","heading":"Existing warrant for prisoner unlawfully at large","content":"### sec.405 Existing warrant for prisoner unlawfully at large\n\nA prisoner who, immediately before the commencement, was unlawfully at large as defined under previous section 85 is taken to be a prisoner who is unlawfully at large under section 112.\nFor section 112(4), any period a prisoner is unlawfully at large includes any period before the commencement that the prisoner was unlawfully at large as defined under previous section 85.\nA warrant issued for a prisoner under previous section 85(2) that, immediately before the commencement, had effect and had not been executed—\ncontinues in force according to its terms; and\nis taken to be a warrant issued under section 112(2); and\nmay be executed by any corrective services officer or any police officer.\nSee also the Police Powers and Responsibilities Act 2000 , section 798.\ns 405 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )\n(sec.405-ssec.1) A prisoner who, immediately before the commencement, was unlawfully at large as defined under previous section 85 is taken to be a prisoner who is unlawfully at large under section 112.\n(sec.405-ssec.2) For section 112(4), any period a prisoner is unlawfully at large includes any period before the commencement that the prisoner was unlawfully at large as defined under previous section 85.\n(sec.405-ssec.3) A warrant issued for a prisoner under previous section 85(2) that, immediately before the commencement, had effect and had not been executed— continues in force according to its terms; and is taken to be a warrant issued under section 112(2); and may be executed by any corrective services officer or any police officer. See also the Police Powers and Responsibilities Act 2000 , section 798.\n- (a) continues in force according to its terms; and\n- (b) is taken to be a warrant issued under section 112(2); and\n- (c) may be executed by any corrective services officer or any police officer. Note— See also the Police Powers and Responsibilities Act 2000 , section 798.","sortOrder":730},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Breaches and offences","content":"# Breaches and offences","sortOrder":731},{"sectionNumber":"ch.7-pt.3-div.1","sectionType":"division","heading":"Breaches of discipline by prisoners","content":"## Breaches of discipline by prisoners","sortOrder":732},{"sectionNumber":"sec.406","sectionType":"section","heading":"Act or omission that is a breach of discipline before commencement","content":"### sec.406 Act or omission that is a breach of discipline before commencement\n\nThis section applies to an act done or omission made by a prisoner before the commencement that—\nwas a breach of discipline under the 2000 Act as in force immediately before the commencement; and\nhad not been finally dealt with under that Act before the commencement.\nPrevious chapter 3, part 1 (the applied discipline procedure ) applies in relation to the act or omission as if this Act had not been enacted.\nFor the applied discipline procedure—\na reference in previous section 86(4) to the person in charge of a corrective services facility is taken to be a reference to the person the chief executive considers is the most appropriate person at the corrective services facility to whom the commissioner’s advice should be given; and\na reference in previous section 86(7) to an approved form is taken to be a reference to the relevant form approved under the 2000 Act.\nDespite subsection (2), previous section 90 does not apply, but the chief executive must comply with section 120 for a decision, and any review of a decision, in relation to the act or omission under the applied discipline procedure.\n(sec.406-ssec.1) This section applies to an act done or omission made by a prisoner before the commencement that— was a breach of discipline under the 2000 Act as in force immediately before the commencement; and had not been finally dealt with under that Act before the commencement.\n(sec.406-ssec.2) Previous chapter 3, part 1 (the applied discipline procedure ) applies in relation to the act or omission as if this Act had not been enacted.\n(sec.406-ssec.3) For the applied discipline procedure— a reference in previous section 86(4) to the person in charge of a corrective services facility is taken to be a reference to the person the chief executive considers is the most appropriate person at the corrective services facility to whom the commissioner’s advice should be given; and a reference in previous section 86(7) to an approved form is taken to be a reference to the relevant form approved under the 2000 Act.\n(sec.406-ssec.4) Despite subsection (2), previous section 90 does not apply, but the chief executive must comply with section 120 for a decision, and any review of a decision, in relation to the act or omission under the applied discipline procedure.\n- (a) was a breach of discipline under the 2000 Act as in force immediately before the commencement; and\n- (b) had not been finally dealt with under that Act before the commencement.\n- (a) a reference in previous section 86(4) to the person in charge of a corrective services facility is taken to be a reference to the person the chief executive considers is the most appropriate person at the corrective services facility to whom the commissioner’s advice should be given; and\n- (b) a reference in previous section 86(7) to an approved form is taken to be a reference to the relevant form approved under the 2000 Act.","sortOrder":733},{"sectionNumber":"sec.407","sectionType":"section","heading":"Existing order for separate confinement","content":"### sec.407 Existing order for separate confinement\n\nEach of the following orders is taken to be an order made under section 118(2)(c)—\nan order for the separate confinement of a prisoner made under previous section 88, if the order was in force immediately before the commencement;\nan order for the separate confinement of a prisoner made after the commencement under the applied discipline procedure.\nSee section 406.\n- (a) an order for the separate confinement of a prisoner made under previous section 88, if the order was in force immediately before the commencement;\n- (b) an order for the separate confinement of a prisoner made after the commencement under the applied discipline procedure. Note— See section 406.","sortOrder":734},{"sectionNumber":"sec.408","sectionType":"section","heading":"Review of decision about breach of discipline","content":"### sec.408 Review of decision about breach of discipline\n\nThe applied discipline procedure applies to a decision that a prisoner has committed a breach of discipline, whether the decision was made—\nbefore the commencement, under previous section 88; or\nafter the commencement, under the applied discipline procedure.\nSee section 406.\n- (a) before the commencement, under previous section 88; or\n- (b) after the commencement, under the applied discipline procedure. Note— See section 406.","sortOrder":735},{"sectionNumber":"sec.409","sectionType":"section","heading":"Continuation of disciplinary breach register","content":"### sec.409 Continuation of disciplinary breach register\n\nA register kept for a corrective services facility under previous section 90 and in existence immediately before the commencement is taken to be part of the register required under section 120 for the corrective services facility.","sortOrder":736},{"sectionNumber":"ch.7-pt.3-div.2","sectionType":"division","heading":"Seizing property","content":"## Seizing property","sortOrder":737},{"sectionNumber":"sec.410","sectionType":"section","heading":"Dealing with seized property","content":"### sec.410 Dealing with seized property\n\nThis section applies to a thing seized under previous section 106 that has not been finally dealt with under previous chapter 3, part 4 before the commencement.\nThe thing is taken to have been seized under—\nif it is a prisoner’s privileged mail—section 46(1)(a)(i); or\nif it is a prisoner’s ordinary mail—section 46(1)(a)(ii); or\nif it is something found in a prisoner’s privileged mail—section 47; or\nif it is something else—section 138.\nA receipt given for the thing under previous section 107 is taken to be a receipt given for the thing under section 139.\nA thing to which this section applies may be forfeited under section 140 or returned under section 141.\n(sec.410-ssec.1) This section applies to a thing seized under previous section 106 that has not been finally dealt with under previous chapter 3, part 4 before the commencement.\n(sec.410-ssec.2) The thing is taken to have been seized under— if it is a prisoner’s privileged mail—section 46(1)(a)(i); or if it is a prisoner’s ordinary mail—section 46(1)(a)(ii); or if it is something found in a prisoner’s privileged mail—section 47; or if it is something else—section 138.\n(sec.410-ssec.3) A receipt given for the thing under previous section 107 is taken to be a receipt given for the thing under section 139. A thing to which this section applies may be forfeited under section 140 or returned under section 141.\n- (a) if it is a prisoner’s privileged mail—section 46(1)(a)(i); or\n- (b) if it is a prisoner’s ordinary mail—section 46(1)(a)(ii); or\n- (c) if it is something found in a prisoner’s privileged mail—section 47; or\n- (d) if it is something else—section 138.","sortOrder":738},{"sectionNumber":"sec.411","sectionType":"section","heading":"Forfeiting seized thing","content":"### sec.411 Forfeiting seized thing\n\nIf, before the commencement, a notice was given under previous section 108(2) to the owner of a thing mentioned in previous section 106, the notice is taken to have been given by the chief executive under section 140(2).","sortOrder":739},{"sectionNumber":"sec.412","sectionType":"section","heading":"Review of decision to forfeit","content":"### sec.412 Review of decision to forfeit\n\nThis section applies to a person who, before the commencement, was entitled to apply for a review of a decision to forfeit a thing.\nIf, before the commencement, the person had applied for the review, the application must be dealt with under previous section 109 as if this Act had not been enacted.\nIf the person had not applied for the review before the commencement, the person may apply for the review after the commencement, but only within 28 days after the notice of the decision was given to the person.\nIf the person applies for the review as mentioned in subsection (3), the application must be dealt with under previous section 109 as if this Act had not been enacted.\n(sec.412-ssec.1) This section applies to a person who, before the commencement, was entitled to apply for a review of a decision to forfeit a thing.\n(sec.412-ssec.2) If, before the commencement, the person had applied for the review, the application must be dealt with under previous section 109 as if this Act had not been enacted.\n(sec.412-ssec.3) If the person had not applied for the review before the commencement, the person may apply for the review after the commencement, but only within 28 days after the notice of the decision was given to the person.\n(sec.412-ssec.4) If the person applies for the review as mentioned in subsection (3), the application must be dealt with under previous section 109 as if this Act had not been enacted.","sortOrder":740},{"sectionNumber":"ch.7-pt.3-div.3","sectionType":"division","heading":"Use of lethal force","content":"## Use of lethal force","sortOrder":741},{"sectionNumber":"sec.413","sectionType":"section","heading":"Continuation of authorisation for issue, handling and storage of weapons","content":"### sec.413 Continuation of authorisation for issue, handling and storage of weapons\n\nAn authorisation given to a corrective services officer under previous section 114 and in force immediately before the commencement—\ncontinues in force according to its terms; and\nis taken to be an authority given to the officer under section 145.\n- (a) continues in force according to its terms; and\n- (b) is taken to be an authority given to the officer under section 145.","sortOrder":742},{"sectionNumber":"sec.414","sectionType":"section","heading":"Continuation of record of use of lethal force","content":"### sec.414 Continuation of record of use of lethal force\n\nThe record kept under previous section 117 and in existence immediately before the commencement is taken to be part of the record required under section 148.","sortOrder":743},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Corrective services facilities","content":"# Corrective services facilities","sortOrder":744},{"sectionNumber":"ch.7-pt.4-div.1","sectionType":"division","heading":"Existing corrective services facilities","content":"## Existing corrective services facilities","sortOrder":745},{"sectionNumber":"sec.415","sectionType":"section","heading":"Prisons","content":"### sec.415 Prisons\n\nThe declaration of a place as a prison under previous section 118(1)(a) and in force immediately before the commencement is taken to be a declaration of the place as a prison under section 149(1)(a).\nThe assignment of a name to a prison under previous section 118(1)(b) and in force immediately before the commencement is taken to be an assignment of the name to the prison under section 149(1)(b).\nTo remove any doubt, it is declared that the declaration and assignment continued in force under this section may be amended or repealed under section 149(1).\n(sec.415-ssec.1) The declaration of a place as a prison under previous section 118(1)(a) and in force immediately before the commencement is taken to be a declaration of the place as a prison under section 149(1)(a).\n(sec.415-ssec.2) The assignment of a name to a prison under previous section 118(1)(b) and in force immediately before the commencement is taken to be an assignment of the name to the prison under section 149(1)(b).\n(sec.415-ssec.3) To remove any doubt, it is declared that the declaration and assignment continued in force under this section may be amended or repealed under section 149(1).","sortOrder":746},{"sectionNumber":"sec.416","sectionType":"section","heading":"Community corrections centres","content":"### sec.416 Community corrections centres\n\nThe declaration of a place as a community corrections centre under previous section 120(1)(a)(i) and in force immediately before the commencement is taken to be a declaration of the place as a community corrections centre under section 151(1)(a)(i).\nThe assignment of a name to a community corrections centre under previous section 120(1)(b)(i) and in force immediately before the commencement is taken to be an assignment of the name to the community corrections centre under section 151(1)(b)(i).\nTo remove any doubt, it is declared that a declaration and assignment continued in force under this section may be amended or repealed under section 151(1).\n(sec.416-ssec.1) The declaration of a place as a community corrections centre under previous section 120(1)(a)(i) and in force immediately before the commencement is taken to be a declaration of the place as a community corrections centre under section 151(1)(a)(i).\n(sec.416-ssec.2) The assignment of a name to a community corrections centre under previous section 120(1)(b)(i) and in force immediately before the commencement is taken to be an assignment of the name to the community corrections centre under section 151(1)(b)(i).\n(sec.416-ssec.3) To remove any doubt, it is declared that a declaration and assignment continued in force under this section may be amended or repealed under section 151(1).","sortOrder":747},{"sectionNumber":"sec.417","sectionType":"section","heading":"WORC sites and WCC sites","content":"### sec.417 WORC sites and WCC sites\n\nThe declaration of a place as a WORC site or WCC site under previous section 120(1)(a) and in force immediately before the commencement is taken to be a declaration of the place as a work camp under section 151(1)(a)(ii).\nThe assignment of a name to a WORC site or WCC site under previous section 120(1)(b) and in force immediately before the commencement is taken to be an assignment of the name to the work camp under section 151(1)(b)(ii).\nTo remove any doubt, it is declared that a declaration and assignment continued in force under this section may be amended or repealed under section 151(1).\n(sec.417-ssec.1) The declaration of a place as a WORC site or WCC site under previous section 120(1)(a) and in force immediately before the commencement is taken to be a declaration of the place as a work camp under section 151(1)(a)(ii).\n(sec.417-ssec.2) The assignment of a name to a WORC site or WCC site under previous section 120(1)(b) and in force immediately before the commencement is taken to be an assignment of the name to the work camp under section 151(1)(b)(ii).\n(sec.417-ssec.3) To remove any doubt, it is declared that a declaration and assignment continued in force under this section may be amended or repealed under section 151(1).","sortOrder":748},{"sectionNumber":"ch.7-pt.4-div.2","sectionType":"division","heading":"Visiting corrective services facilities","content":"## Visiting corrective services facilities","sortOrder":749},{"sectionNumber":"sec.418","sectionType":"section","heading":"Approval for personal visit to be a contact visit","content":"### sec.418 Approval for personal visit to be a contact visit\n\nAn approval given to a person under previous section 124(1) and in force immediately before the commencement is taken to be an approval given by the chief executive under section 154(1).","sortOrder":750},{"sectionNumber":"sec.419","sectionType":"section","heading":"Existing application for approval to access corrective services facility","content":"### sec.419 Existing application for approval to access corrective services facility\n\nAn application under previous section 125(1) for approval to access a corrective services facility that is neither granted nor refused before the commencement is taken to be an application under section 155 in relation to the facility.","sortOrder":751},{"sectionNumber":"sec.420","sectionType":"section","heading":"Approval to access corrective services facility","content":"### sec.420 Approval to access corrective services facility\n\nAn approval given to a person under previous section 125(2) and in force immediately before the commencement is taken to be an approval given by the chief executive under section 156(1).","sortOrder":752},{"sectionNumber":"sec.421","sectionType":"section","heading":"Existing entitlement to apply for review of refusal for access approval","content":"### sec.421 Existing entitlement to apply for review of refusal for access approval\n\nThis section applies if, immediately before the commencement, a person was entitled to apply under previous section 125(5) to the chief executive to review a decision refusing approval to access a corrective services facility.\nThe person is taken to be a visitor who has been refused an access approval as mentioned in section 156(7).\n(sec.421-ssec.1) This section applies if, immediately before the commencement, a person was entitled to apply under previous section 125(5) to the chief executive to review a decision refusing approval to access a corrective services facility.\n(sec.421-ssec.2) The person is taken to be a visitor who has been refused an access approval as mentioned in section 156(7).","sortOrder":753},{"sectionNumber":"sec.422","sectionType":"section","heading":"Proof of identity","content":"### sec.422 Proof of identity\n\nA fingerprint, palm print, footprint, toeprint, eye print or voiceprint kept by the chief executive under previous section 127 is taken to be an identifying particular for section 162.","sortOrder":754},{"sectionNumber":"sec.423","sectionType":"section","heading":"Existing suspension of approval to access corrective services facility","content":"### sec.423 Existing suspension of approval to access corrective services facility\n\nA suspension under previous section 128 in relation to a person that was in force immediately before the commencement is taken to be a suspension made by the chief executive under section 157.","sortOrder":755},{"sectionNumber":"sec.424","sectionType":"section","heading":"Existing entitlement to apply for review of suspension of approval to access corrective services facility","content":"### sec.424 Existing entitlement to apply for review of suspension of approval to access corrective services facility\n\nThis section applies if, immediately before the commencement, a person was entitled to apply under previous section 128(3) to the chief executive to review a decision suspending the person from entering a corrective services facility.\nThe person is taken to be a visitor whose access approval has been suspended as mentioned in section 157(6).\n(sec.424-ssec.1) This section applies if, immediately before the commencement, a person was entitled to apply under previous section 128(3) to the chief executive to review a decision suspending the person from entering a corrective services facility.\n(sec.424-ssec.2) The person is taken to be a visitor whose access approval has been suspended as mentioned in section 157(6).","sortOrder":756},{"sectionNumber":"sec.425","sectionType":"section","heading":"Monitoring personal visits","content":"### sec.425 Monitoring personal visits\n\nAn audiovisual recording, or other monitoring record, made under previous section 129 and in existence immediately before the commencement is taken to be an audiovisual recording, visual recording or other monitoring record, under section 158.","sortOrder":757},{"sectionNumber":"ch.7-pt.5","sectionType":"part","heading":"Parole","content":"# Parole","sortOrder":758},{"sectionNumber":"ch.7-pt.5-div.1","sectionType":"division","heading":"Existing post-prison community based release orders","content":"## Existing post-prison community based release orders","sortOrder":759},{"sectionNumber":"sec.426","sectionType":"section","heading":"Post-prison community based release order","content":"### sec.426 Post-prison community based release order\n\nA post-prison community based release order granted under the 2000 Act and in force immediately before the commencement (the previous order )—\ncontinues in force according to its terms; and\nis taken to be a parole order granted under this Act.\n- (a) continues in force according to its terms; and\n- (b) is taken to be a parole order granted under this Act.","sortOrder":760},{"sectionNumber":"sec.427","sectionType":"section","heading":"Eligibility for post-prison community based release order","content":"### sec.427 Eligibility for post-prison community based release order\n\nThis section applies to a prisoner who was eligible, immediately before the commencement, for a post-prison community based release order under previous section 134.\nThe date the prisoner was eligible to apply for the post-prison community based release order under previous section 135 is taken to be the prisoner’s parole eligibility date for a parole order under chapter 5, part 1, division 1, subdivision 2.\nSubsection (2) is subject to the Penalties and Sentences Act 1992 , section 213.\n(sec.427-ssec.1) This section applies to a prisoner who was eligible, immediately before the commencement, for a post-prison community based release order under previous section 134.\n(sec.427-ssec.2) The date the prisoner was eligible to apply for the post-prison community based release order under previous section 135 is taken to be the prisoner’s parole eligibility date for a parole order under chapter 5, part 1, division 1, subdivision 2.\n(sec.427-ssec.3) Subsection (2) is subject to the Penalties and Sentences Act 1992 , section 213.","sortOrder":761},{"sectionNumber":"sec.428","sectionType":"section","heading":"Application for post-prison community based release order","content":"### sec.428 Application for post-prison community based release order\n\nThis section applies to an application for a post-prison community based release order made, but not decided, under previous section 133 or 134 before the commencement (the previous application ).\nThe previous application is taken to be an application for a parole order—\nif the previous application was made under previous section 133—under section 176; or\nif the previous application was made under previous section 134—under section 180.\nThe previous application is taken to have been made to, or for a parole order to be granted by, the replacement board for the parole board that may, under the 2000 Act, have granted the parole order.\nThis Act applies to the previous application in relation to the way the replacement board may deal with the previous application.\n(sec.428-ssec.1) This section applies to an application for a post-prison community based release order made, but not decided, under previous section 133 or 134 before the commencement (the previous application ).\n(sec.428-ssec.2) The previous application is taken to be an application for a parole order— if the previous application was made under previous section 133—under section 176; or if the previous application was made under previous section 134—under section 180.\n(sec.428-ssec.3) The previous application is taken to have been made to, or for a parole order to be granted by, the replacement board for the parole board that may, under the 2000 Act, have granted the parole order.\n(sec.428-ssec.4) This Act applies to the previous application in relation to the way the replacement board may deal with the previous application.\n- (a) if the previous application was made under previous section 133—under section 176; or\n- (b) if the previous application was made under previous section 134—under section 180.","sortOrder":762},{"sectionNumber":"sec.429","sectionType":"section","heading":"Existing authority for prisoner’s expenses while on parole","content":"### sec.429 Existing authority for prisoner’s expenses while on parole\n\nAn authority given under previous section 145(2) and in force immediately before the commencement—\ncontinues in force according to its terms; and\nmay be amended or cancelled by the chief executive.\n- (a) continues in force according to its terms; and\n- (b) may be amended or cancelled by the chief executive.","sortOrder":763},{"sectionNumber":"sec.430","sectionType":"section","heading":"Travelling interstate or overseas while on parole","content":"### sec.430 Travelling interstate or overseas while on parole\n\nThis section applies to an order under previous section 147 or 148 (the previous order ) granting leave to a prisoner if any time for taking the leave as stated in the previous order has not expired.\nThe leave is taken to have been granted by—\nif the leave was for the prisoner to travel interstate for not more than 7 days—the chief executive under section 212(1); or\nif the leave was for the prisoner to travel interstate for more than 7 days—the relevant replacement board under section 212(3); or\nif the leave was for the prisoner to travel overseas—the Queensland board under section 213.\nIn this section—\nrelevant replacement board means the replacement board for the parole board that granted the leave to the prisoner.\n(sec.430-ssec.1) This section applies to an order under previous section 147 or 148 (the previous order ) granting leave to a prisoner if any time for taking the leave as stated in the previous order has not expired.\n(sec.430-ssec.2) The leave is taken to have been granted by— if the leave was for the prisoner to travel interstate for not more than 7 days—the chief executive under section 212(1); or if the leave was for the prisoner to travel interstate for more than 7 days—the relevant replacement board under section 212(3); or if the leave was for the prisoner to travel overseas—the Queensland board under section 213.\n(sec.430-ssec.3) In this section— relevant replacement board means the replacement board for the parole board that granted the leave to the prisoner.\n- (a) if the leave was for the prisoner to travel interstate for not more than 7 days—the chief executive under section 212(1); or\n- (b) if the leave was for the prisoner to travel interstate for more than 7 days—the relevant replacement board under section 212(3); or\n- (c) if the leave was for the prisoner to travel overseas—the Queensland board under section 213.","sortOrder":764},{"sectionNumber":"sec.431","sectionType":"section","heading":"Suspension of parole order by chief executive","content":"### sec.431 Suspension of parole order by chief executive\n\nThis section applies to a post-prison community based release order (the previous order ) that was suspended by an order of the chief executive under previous section 149 if the suspension was in force immediately before the commencement.\nThe previous order is taken to have been suspended under section 201(2).\nIf, because of the suspension, the chief executive issued a warrant under previous section 149(2) and the warrant was in effect and had not been executed before the commencement, it—\ncontinues to have effect according to its terms; and\nis taken to be a warrant issued under section 202.\nIf the chief executive had not issued a warrant under previous section 149(2), the chief executive may issue a warrant under section 202 for the prisoner the subject of the previous order.\n(sec.431-ssec.1) This section applies to a post-prison community based release order (the previous order ) that was suspended by an order of the chief executive under previous section 149 if the suspension was in force immediately before the commencement.\n(sec.431-ssec.2) The previous order is taken to have been suspended under section 201(2).\n(sec.431-ssec.3) If, because of the suspension, the chief executive issued a warrant under previous section 149(2) and the warrant was in effect and had not been executed before the commencement, it— continues to have effect according to its terms; and is taken to be a warrant issued under section 202.\n(sec.431-ssec.4) If the chief executive had not issued a warrant under previous section 149(2), the chief executive may issue a warrant under section 202 for the prisoner the subject of the previous order.\n- (a) continues to have effect according to its terms; and\n- (b) is taken to be a warrant issued under section 202.","sortOrder":765},{"sectionNumber":"sec.432","sectionType":"section","heading":"Amendment, suspension or cancellation of parole order by corrections board","content":"### sec.432 Amendment, suspension or cancellation of parole order by corrections board\n\nThis section applies to a post-prison community based release order (the previous order ) that was amended, suspended or cancelled by an order of a corrections board under previous section 150 if the amendment, suspension or cancellation was in force immediately before the commencement.\nThe previous order is taken to have been amended, suspended or cancelled by the replacement board for the corrections board under section 205(2).\nIf, because of the suspension or cancellation, a warrant was issued under previous section 150(2) and the warrant was in effect and had not been executed before the commencement, it—\ncontinues to have effect according to its terms; and\nis taken to be—\nfor a warrant issued by the corrections board under previous section 150(2)(a)—a warrant issued by the replacement board for the corrections board under section 206(1)(a); or\nfor a warrant issued under previous section 150(2)(b)—a warrant issued under section 206(1)(b).\nIf a warrant had not been issued under previous section 150(2) before the commencement, a warrant may be issued by the replacement board for the corrections board or a magistrate under section 206 for the prisoner the subject of the previous order.\nIf an information notice was given to the prisoner under previous section 150(5) and written submissions given to the corrections board by the prisoner had not been finally dealt with under previous section 150(6) before the commencement, the information notice is taken to have been given by the replacement board for the corrections board under—\nfor an information notice about the amendment of the previous order—section 205(3); or\nfor an information notice about the suspension or cancellation of the previous order—section 208(1).\nIf an information notice had not been given to the prisoner under previous section 150(5) before the commencement, an information notice may be given to the prisoner by the replacement board for the corrections board under—\nfor an information notice about the amendment of the previous order—section 205(3); or\nfor an information notice about the suspension or cancellation of the previous order—section 208(1).\nIf the replacement board changes the decision the subject of an information notice mentioned in subsection (5) or (6), the changed decision has effect despite section 426(a).\n(sec.432-ssec.1) This section applies to a post-prison community based release order (the previous order ) that was amended, suspended or cancelled by an order of a corrections board under previous section 150 if the amendment, suspension or cancellation was in force immediately before the commencement.\n(sec.432-ssec.2) The previous order is taken to have been amended, suspended or cancelled by the replacement board for the corrections board under section 205(2).\n(sec.432-ssec.3) If, because of the suspension or cancellation, a warrant was issued under previous section 150(2) and the warrant was in effect and had not been executed before the commencement, it— continues to have effect according to its terms; and is taken to be— for a warrant issued by the corrections board under previous section 150(2)(a)—a warrant issued by the replacement board for the corrections board under section 206(1)(a); or for a warrant issued under previous section 150(2)(b)—a warrant issued under section 206(1)(b).\n(sec.432-ssec.4) If a warrant had not been issued under previous section 150(2) before the commencement, a warrant may be issued by the replacement board for the corrections board or a magistrate under section 206 for the prisoner the subject of the previous order.\n(sec.432-ssec.5) If an information notice was given to the prisoner under previous section 150(5) and written submissions given to the corrections board by the prisoner had not been finally dealt with under previous section 150(6) before the commencement, the information notice is taken to have been given by the replacement board for the corrections board under— for an information notice about the amendment of the previous order—section 205(3); or for an information notice about the suspension or cancellation of the previous order—section 208(1).\n(sec.432-ssec.6) If an information notice had not been given to the prisoner under previous section 150(5) before the commencement, an information notice may be given to the prisoner by the replacement board for the corrections board under— for an information notice about the amendment of the previous order—section 205(3); or for an information notice about the suspension or cancellation of the previous order—section 208(1).\n(sec.432-ssec.7) If the replacement board changes the decision the subject of an information notice mentioned in subsection (5) or (6), the changed decision has effect despite section 426(a).\n- (a) continues to have effect according to its terms; and\n- (b) is taken to be— (i) for a warrant issued by the corrections board under previous section 150(2)(a)—a warrant issued by the replacement board for the corrections board under section 206(1)(a); or (ii) for a warrant issued under previous section 150(2)(b)—a warrant issued under section 206(1)(b).\n- (i) for a warrant issued by the corrections board under previous section 150(2)(a)—a warrant issued by the replacement board for the corrections board under section 206(1)(a); or\n- (ii) for a warrant issued under previous section 150(2)(b)—a warrant issued under section 206(1)(b).\n- (i) for a warrant issued by the corrections board under previous section 150(2)(a)—a warrant issued by the replacement board for the corrections board under section 206(1)(a); or\n- (ii) for a warrant issued under previous section 150(2)(b)—a warrant issued under section 206(1)(b).\n- (a) for an information notice about the amendment of the previous order—section 205(3); or\n- (b) for an information notice about the suspension or cancellation of the previous order—section 208(1).\n- (a) for an information notice about the amendment of the previous order—section 205(3); or\n- (b) for an information notice about the suspension or cancellation of the previous order—section 208(1).","sortOrder":766},{"sectionNumber":"sec.433","sectionType":"section","heading":"Reviewing existing regional board’s decision to refuse application","content":"### sec.433 Reviewing existing regional board’s decision to refuse application\n\nThis section applies if, before the commencement—\na prisoner applied under previous section 155 for a review of a refusal of an application by the prisoner; and\nthe Queensland board established under the 2000 Act had not taken action mentioned in previous section 155(5)(a) or (b).\nThe Queensland Parole Board must review the refusal under chapter 5, part 1, division 2, subdivision 3.\n(sec.433-ssec.1) This section applies if, before the commencement— a prisoner applied under previous section 155 for a review of a refusal of an application by the prisoner; and the Queensland board established under the 2000 Act had not taken action mentioned in previous section 155(5)(a) or (b).\n(sec.433-ssec.2) The Queensland Parole Board must review the refusal under chapter 5, part 1, division 2, subdivision 3.\n- (a) a prisoner applied under previous section 155 for a review of a refusal of an application by the prisoner; and\n- (b) the Queensland board established under the 2000 Act had not taken action mentioned in previous section 155(5)(a) or (b).","sortOrder":767},{"sectionNumber":"ch.7-pt.5-div.2","sectionType":"division","heading":"Existing community corrections boards","content":"## Existing community corrections boards","sortOrder":768},{"sectionNumber":"sec.434","sectionType":"section","heading":"Queensland Community Corrections Board","content":"### sec.434 Queensland Community Corrections Board\n\nThe Queensland Community Corrections Board established under the 2000 Act continues in existence as the Queensland Parole Board until whichever of the following happens first—\nthe appointment day of the Queensland Parole Board;\n1 year after the commencement.\nThe person who, immediately before the commencement, holds appointment as the president, or deputy president, of the Queensland Community Corrections Board holds office as the president, or deputy president, of the Queensland Parole Board until its appointment day.\nIn this section—\nappointment day , of the Queensland Parole Board, means the day on which each of the appointments mentioned in section 218(1)(a) and (b) is published in the gazette for the first time under that section.\n(sec.434-ssec.1) The Queensland Community Corrections Board established under the 2000 Act continues in existence as the Queensland Parole Board until whichever of the following happens first— the appointment day of the Queensland Parole Board; 1 year after the commencement.\n(sec.434-ssec.2) The person who, immediately before the commencement, holds appointment as the president, or deputy president, of the Queensland Community Corrections Board holds office as the president, or deputy president, of the Queensland Parole Board until its appointment day.\n(sec.434-ssec.3) In this section— appointment day , of the Queensland Parole Board, means the day on which each of the appointments mentioned in section 218(1)(a) and (b) is published in the gazette for the first time under that section.\n- (a) the appointment day of the Queensland Parole Board;\n- (b) 1 year after the commencement.","sortOrder":769},{"sectionNumber":"sec.435","sectionType":"section","heading":"Secretary of Queensland Community Corrections Board","content":"### sec.435 Secretary of Queensland Community Corrections Board\n\nThis section applies to the person who was the secretary of the Queensland Community Corrections Board immediately before the commencement.\nThe person is taken to have been appointed as secretary of the Queensland board under section 223.\n(sec.435-ssec.1) This section applies to the person who was the secretary of the Queensland Community Corrections Board immediately before the commencement.\n(sec.435-ssec.2) The person is taken to have been appointed as secretary of the Queensland board under section 223.","sortOrder":770},{"sectionNumber":"sec.436","sectionType":"section","heading":"Existing guidelines","content":"### sec.436 Existing guidelines\n\nGuidelines made under previous section 167 and in force immediately before the commencement are taken to be—\nfor guidelines made under previous section 167(1)—guidelines made under section 227(1); or\nfor guidelines made under previous section 167(2)—guidelines made under section 227(2).\n- (a) for guidelines made under previous section 167(1)—guidelines made under section 227(1); or\n- (b) for guidelines made under previous section 167(2)—guidelines made under section 227(2).","sortOrder":771},{"sectionNumber":"sec.437","sectionType":"section","heading":"Annual report","content":"### sec.437 Annual report\n\nThis section applies if the annual report for the financial year ending 30 June 2006 as required under previous section 168 has not been given under that section before the commencement.\nThe Queensland Parole Board must give the report to the Minister under previous section 168 as if this Act had not been enacted.\n(sec.437-ssec.1) This section applies if the annual report for the financial year ending 30 June 2006 as required under previous section 168 has not been given under that section before the commencement.\n(sec.437-ssec.2) The Queensland Parole Board must give the report to the Minister under previous section 168 as if this Act had not been enacted.","sortOrder":772},{"sectionNumber":"sec.438","sectionType":"section","heading":"Existing regional boards","content":"### sec.438 Existing regional boards\n\nThe following existing regional boards are taken to have been established under this Act as the Central and Northern Queensland Regional Parole Board for the area north of latitude 26º south—\nthe North Queensland Regional Community Corrections Board;\nthe Townsville Regional Community Corrections Board;\nthe Central Queensland Regional Community Corrections Board.\nThe following existing regional boards are taken to have been established under this Act as the Southern Queensland Regional Parole Board for the area south of latitude 26º south—\nthe Brisbane Regional Community Corrections Board;\nthe South Queensland Regional Community Corrections Board;\nthe West Moreton Regional Community Corrections Board.\nSubsections (1) and (2) do not affect section 230 and a regulation under that section may abolish a regional board mentioned in subsection (1) or (2) or assign a different name to a regional board mentioned in subsection (1) or (2).\n(sec.438-ssec.1) The following existing regional boards are taken to have been established under this Act as the Central and Northern Queensland Regional Parole Board for the area north of latitude 26º south— the North Queensland Regional Community Corrections Board; the Townsville Regional Community Corrections Board; the Central Queensland Regional Community Corrections Board.\n(sec.438-ssec.2) The following existing regional boards are taken to have been established under this Act as the Southern Queensland Regional Parole Board for the area south of latitude 26º south— the Brisbane Regional Community Corrections Board; the South Queensland Regional Community Corrections Board; the West Moreton Regional Community Corrections Board.\n(sec.438-ssec.3) Subsections (1) and (2) do not affect section 230 and a regulation under that section may abolish a regional board mentioned in subsection (1) or (2) or assign a different name to a regional board mentioned in subsection (1) or (2).\n- (a) the North Queensland Regional Community Corrections Board;\n- (b) the Townsville Regional Community Corrections Board;\n- (c) the Central Queensland Regional Community Corrections Board.\n- (a) the Brisbane Regional Community Corrections Board;\n- (b) the South Queensland Regional Community Corrections Board;\n- (c) the West Moreton Regional Community Corrections Board.","sortOrder":773},{"sectionNumber":"sec.439","sectionType":"section","heading":"Continuation of member’s appointment","content":"### sec.439 Continuation of member’s appointment\n\nA person who, immediately before the commencement, holds appointment as a member of an existing regional board mentioned in section 438(1) is taken to be a member of the Central and Northern Queensland Regional Parole Board until the member’s office is vacated under section 236.\nA person who, immediately before the commencement, holds appointment as a member of an existing regional board mentioned in section 438(2) is taken to be a member of the Southern Queensland Regional Parole Board until the member’s office is vacated under section 236.\nA person who, immediately before the commencement, holds appointment as the president, or deputy president, of an existing regional board goes out of office as the president, or deputy president, on the commencement and is not entitled to compensation because of the operation of this subsection.\n(sec.439-ssec.1) A person who, immediately before the commencement, holds appointment as a member of an existing regional board mentioned in section 438(1) is taken to be a member of the Central and Northern Queensland Regional Parole Board until the member’s office is vacated under section 236.\n(sec.439-ssec.2) A person who, immediately before the commencement, holds appointment as a member of an existing regional board mentioned in section 438(2) is taken to be a member of the Southern Queensland Regional Parole Board until the member’s office is vacated under section 236.\n(sec.439-ssec.3) A person who, immediately before the commencement, holds appointment as the president, or deputy president, of an existing regional board goes out of office as the president, or deputy president, on the commencement and is not entitled to compensation because of the operation of this subsection.","sortOrder":774},{"sectionNumber":"sec.440","sectionType":"section","heading":"Secretary of existing regional board","content":"### sec.440 Secretary of existing regional board\n\nA person who, immediately before the commencement, holds appointment as the secretary of an existing regional board goes out of office as the secretary on the commencement.","sortOrder":775},{"sectionNumber":"sec.441","sectionType":"section","heading":"Annual report of existing regional board","content":"### sec.441 Annual report of existing regional board\n\nThis section applies if the annual report for an existing regional board for the financial year ending 30 June 2006 has not been given under previous section 180 before the commencement.\nThe replacement board must give the report to the Queensland board on or before 30 September 2006.\nFor subsection (2), the person who was the president of the existing regional board must give help to the replacement board.\n(sec.441-ssec.1) This section applies if the annual report for an existing regional board for the financial year ending 30 June 2006 has not been given under previous section 180 before the commencement.\n(sec.441-ssec.2) The replacement board must give the report to the Queensland board on or before 30 September 2006.\n(sec.441-ssec.3) For subsection (2), the person who was the president of the existing regional board must give help to the replacement board.","sortOrder":776},{"sectionNumber":"sec.442","sectionType":"section","heading":"Powers of corrections board to require attendance","content":"### sec.442 Powers of corrections board to require attendance\n\nThis section applies if, before the commencement—\na corrections board issued an attendance notice under previous section 182 (the previous attendance notice ); and\nthe time stated in the previous attendance notice as the stated time for a person to attend a board meeting to give relevant information, or to produce a stated document, has not ended.\nThe previous attendance notice—\ncontinues in force according to its terms; and\nis taken to be an attendance notice given by the replacement board under section 242.\n(sec.442-ssec.1) This section applies if, before the commencement— a corrections board issued an attendance notice under previous section 182 (the previous attendance notice ); and the time stated in the previous attendance notice as the stated time for a person to attend a board meeting to give relevant information, or to produce a stated document, has not ended.\n(sec.442-ssec.2) The previous attendance notice— continues in force according to its terms; and is taken to be an attendance notice given by the replacement board under section 242.\n- (a) a corrections board issued an attendance notice under previous section 182 (the previous attendance notice ); and\n- (b) the time stated in the previous attendance notice as the stated time for a person to attend a board meeting to give relevant information, or to produce a stated document, has not ended.\n- (a) continues in force according to its terms; and\n- (b) is taken to be an attendance notice given by the replacement board under section 242.","sortOrder":777},{"sectionNumber":"ch.7-pt.6","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":778},{"sectionNumber":"ch.7-pt.6-div.1","sectionType":"division","heading":"Chief executive","content":"## Chief executive","sortOrder":779},{"sectionNumber":"sec.443","sectionType":"section","heading":"Functions and powers of chief executive","content":"### sec.443 Functions and powers of chief executive\n\nThis section applies if—\nthe chief executive exercised a power under previous section 188 (the previous power ) and the power may be exercised by the chief executive under this Act; and\nthe previous power, as exercised, continued to have effect immediately before the commencement.\nThe previous power, as exercised—\ncontinues to have effect; and\nis taken to have been exercised under section 263.\n(sec.443-ssec.1) This section applies if— the chief executive exercised a power under previous section 188 (the previous power ) and the power may be exercised by the chief executive under this Act; and the previous power, as exercised, continued to have effect immediately before the commencement.\n(sec.443-ssec.2) The previous power, as exercised— continues to have effect; and is taken to have been exercised under section 263.\n- (a) the chief executive exercised a power under previous section 188 (the previous power ) and the power may be exercised by the chief executive under this Act; and\n- (b) the previous power, as exercised, continued to have effect immediately before the commencement.\n- (a) continues to have effect; and\n- (b) is taken to have been exercised under section 263.","sortOrder":780},{"sectionNumber":"sec.444","sectionType":"section","heading":"Existing administrative policies and procedures","content":"### sec.444 Existing administrative policies and procedures\n\nAn administrative policy made under previous section 189(1) and in force immediately before the commencement continues in force according to its terms.\nAn administrative procedure made under previous section 189(1) and in force immediately before the commencement—\ncontinues in force according to its terms; and\nis taken to have been made under section 265(1).\n(sec.444-ssec.1) An administrative policy made under previous section 189(1) and in force immediately before the commencement continues in force according to its terms.\n(sec.444-ssec.2) An administrative procedure made under previous section 189(1) and in force immediately before the commencement— continues in force according to its terms; and is taken to have been made under section 265(1).\n- (a) continues in force according to its terms; and\n- (b) is taken to have been made under section 265(1).","sortOrder":781},{"sectionNumber":"sec.445","sectionType":"section","heading":"Existing services and programs","content":"### sec.445 Existing services and programs\n\nA service or program established under previous section 190(1) and in existence immediately before the commencement is taken to have been established under section 266(1).","sortOrder":782},{"sectionNumber":"sec.446","sectionType":"section","heading":"Monitoring devices","content":"### sec.446 Monitoring devices\n\nIf, before the commencement, the chief executive required an offender to wear a device under previous section 191 and the requirement continued to have effect immediately before the commencement, the requirement—\ncontinues in force according to its terms; and\nis taken to have been made under section 267.\n- (a) continues in force according to its terms; and\n- (b) is taken to have been made under section 267.","sortOrder":783},{"sectionNumber":"sec.447","sectionType":"section","heading":"Declaration of emergency","content":"### sec.447 Declaration of emergency\n\nThis section applies if, before the commencement—\nthe chief executive declared an emergency exists in relation to a prison under previous section 192 (the previous declaration ); and\nthe previous declaration had not lapsed or been revoked.\nThe previous declaration—\ncontinues in force according to its terms; and\nis taken to have been made under section 268.\n(sec.447-ssec.1) This section applies if, before the commencement— the chief executive declared an emergency exists in relation to a prison under previous section 192 (the previous declaration ); and the previous declaration had not lapsed or been revoked.\n(sec.447-ssec.2) The previous declaration— continues in force according to its terms; and is taken to have been made under section 268.\n- (a) the chief executive declared an emergency exists in relation to a prison under previous section 192 (the previous declaration ); and\n- (b) the previous declaration had not lapsed or been revoked.\n- (a) continues in force according to its terms; and\n- (b) is taken to have been made under section 268.","sortOrder":784},{"sectionNumber":"sec.448","sectionType":"section","heading":"Commissioner to provide police","content":"### sec.448 Commissioner to provide police\n\nIf, before the commencement, the chief executive asked the commissioner to provide police officers under previous section 193, the request is taken to have been made under section 269.","sortOrder":785},{"sectionNumber":"ch.7-pt.6-div.2","sectionType":"division","heading":"Engaged service providers","content":"## Engaged service providers","sortOrder":786},{"sectionNumber":"sec.449","sectionType":"section","heading":"Existing authorisation for engaged service provider","content":"### sec.449 Existing authorisation for engaged service provider\n\nAn authorisation of an entity as an engaged service provider under previous section 196 and in force immediately before the commencement (the previous authorisation )—\ncontinues in force according to its terms; and\nis taken to be an authorisation of the entity as an engaged service provider under section 272.\n- (a) continues in force according to its terms; and\n- (b) is taken to be an authorisation of the entity as an engaged service provider under section 272.","sortOrder":787},{"sectionNumber":"sec.450","sectionType":"section","heading":"Review of engaged service provider’s performance","content":"### sec.450 Review of engaged service provider’s performance\n\nThis section applies to the appointment of a person under previous section 198(1) to review an engaged service provider’s performance of authorised functions (the previous appointment ) if, before the commencement, the person had not finished preparing the report on the review for the chief executive.\nThe previous appointment—\ncontinues in force according to its terms; and\nis taken to be an appointment under section 274 to review the engaged service provider’s performance of the authorised functions.\n(sec.450-ssec.1) This section applies to the appointment of a person under previous section 198(1) to review an engaged service provider’s performance of authorised functions (the previous appointment ) if, before the commencement, the person had not finished preparing the report on the review for the chief executive.\n(sec.450-ssec.2) The previous appointment— continues in force according to its terms; and is taken to be an appointment under section 274 to review the engaged service provider’s performance of the authorised functions.\n- (a) continues in force according to its terms; and\n- (b) is taken to be an appointment under section 274 to review the engaged service provider’s performance of the authorised functions.","sortOrder":788},{"sectionNumber":"ch.7-pt.6-div.3","sectionType":"division","heading":"Continuing appointments","content":"## Continuing appointments","sortOrder":789},{"sectionNumber":"sec.451","sectionType":"section","heading":"General provision about appointments or authorisations continued under div 3","content":"### sec.451 General provision about appointments or authorisations continued under div 3\n\nAn appointment or authorisation made before the commencement that is, under this division, taken to be an appointment or authorisation under a provision of this Act, continues—\nuntil the end of the term of appointment or authorisation, if any; and\non the conditions of the appointment or authorisation that are consistent with this Act.\n- (a) until the end of the term of appointment or authorisation, if any; and\n- (b) on the conditions of the appointment or authorisation that are consistent with this Act.","sortOrder":790},{"sectionNumber":"sec.452","sectionType":"section","heading":"Corrective services officers","content":"### sec.452 Corrective services officers\n\nA person who, immediately before the commencement, was a corrective services officer under previous section 201 is taken to be appointed as a corrective services officer under section 275.","sortOrder":791},{"sectionNumber":"sec.453","sectionType":"section","heading":"Corrective services dogs","content":"### sec.453 Corrective services dogs\n\nA dog that, immediately before the commencement, was a corrective services dog under previous section 205(b) is taken to be certified as a corrective services dog under section 279.","sortOrder":792},{"sectionNumber":"sec.454","sectionType":"section","heading":"Doctors","content":"### sec.454 Doctors\n\nA person who, immediately before the commencement, was a doctor for a prison under previous section 209(1)(a) is taken to be appointed as a doctor for the prison under section 283(1).\nThere is no longer to be an appointment of a doctor for a corrective services facility that is not a prison.","sortOrder":793},{"sectionNumber":"sec.455","sectionType":"section","heading":"Official visitors","content":"### sec.455 Official visitors\n\nA person who, immediately before the commencement, was an official visitor for a corrective services facility under previous section 211 is taken to be appointed as an official visitor under section 285.\nSection 285(2) does not apply to the person if the person has been appointed as an official visitor for more than 6 years, including any period before the commencement.\n(sec.455-ssec.1) A person who, immediately before the commencement, was an official visitor for a corrective services facility under previous section 211 is taken to be appointed as an official visitor under section 285.\n(sec.455-ssec.2) Section 285(2) does not apply to the person if the person has been appointed as an official visitor for more than 6 years, including any period before the commencement.","sortOrder":794},{"sectionNumber":"sec.456","sectionType":"section","heading":"Elders, respected persons and indigenous spiritual healers","content":"### sec.456 Elders, respected persons and indigenous spiritual healers\n\nThis section applies to a person who, immediately before the commencement, was an Aboriginal or Torres Strait Islander elder, respected person or indigenous spiritual healer for a corrective services facility under previous section 218.\nThe person is taken to be appointed as an Aboriginal or Torres Strait Islander elder, respected person or indigenous spiritual healer for the facility under section 293.\n(sec.456-ssec.1) This section applies to a person who, immediately before the commencement, was an Aboriginal or Torres Strait Islander elder, respected person or indigenous spiritual healer for a corrective services facility under previous section 218.\n(sec.456-ssec.2) The person is taken to be appointed as an Aboriginal or Torres Strait Islander elder, respected person or indigenous spiritual healer for the facility under section 293.","sortOrder":795},{"sectionNumber":"sec.457","sectionType":"section","heading":"Inspectors","content":"### sec.457 Inspectors\n\nA person who, immediately before the commencement, was an inspector under previous section 219 is taken to be appointed as an inspector under section 294.","sortOrder":796},{"sectionNumber":"sec.458","sectionType":"section","heading":"Inspector’s reports","content":"### sec.458 Inspector’s reports\n\nThis section applies if, before the commencement, inspectors appointed under previous section 219(3) to investigate an incident had not given the chief executive a report as required under previous section 223.\nThe inspectors are taken to have been appointed under section 295(1) for the incident.\nSection 305 provides for the inspectors’ report.\nTo remove any doubt, it is declared that section 295(2) does not apply to the appointment.\n(sec.458-ssec.1) This section applies if, before the commencement, inspectors appointed under previous section 219(3) to investigate an incident had not given the chief executive a report as required under previous section 223.\n(sec.458-ssec.2) The inspectors are taken to have been appointed under section 295(1) for the incident. Section 305 provides for the inspectors’ report.\n(sec.458-ssec.3) To remove any doubt, it is declared that section 295(2) does not apply to the appointment.","sortOrder":797},{"sectionNumber":"sec.459","sectionType":"section","heading":"Volunteers","content":"### sec.459 Volunteers\n\nA person who immediately before the commencement was a volunteer under previous section 224 is taken to be authorised as a volunteer under section 306.","sortOrder":798},{"sectionNumber":"sec.460","sectionType":"section","heading":"Prisoner in proper officer of the court’s custody","content":"### sec.460 Prisoner in proper officer of the court’s custody\n\nA person who, under previous section 231, was in the custody of the proper officer of a court immediately before the commencement continues in the custody of the proper officer of the court under section 307(2).\nSubsection (1) does not prevent the application of a provision of this Act providing for when a person is in another person’s custody.\n(sec.460-ssec.1) A person who, under previous section 231, was in the custody of the proper officer of a court immediately before the commencement continues in the custody of the proper officer of the court under section 307(2).\n(sec.460-ssec.2) Subsection (1) does not prevent the application of a provision of this Act providing for when a person is in another person’s custody.","sortOrder":799},{"sectionNumber":"ch.7-pt.6-div.4","sectionType":"division","heading":"Property","content":"## Property","sortOrder":800},{"sectionNumber":"sec.461","sectionType":"section","heading":"Prisoners trust fund","content":"### sec.461 Prisoners trust fund\n\nThe prisoners trust fund kept under previous section 233 is continued in existence as the prisoners trust fund (the new fund ) required to be kept by the chief executive under section 311(1).\nAn amount in the prisoners trust fund to the credit of a prisoner immediately before the commencement is the amount in the prisoner’s account in the new fund.\nIf the chief executive was authorised under previous section 236 to deduct an amount from a prisoner’s account but had not deducted the amount before the commencement, the deduction may be made under section 314.\n(sec.461-ssec.1) The prisoners trust fund kept under previous section 233 is continued in existence as the prisoners trust fund (the new fund ) required to be kept by the chief executive under section 311(1).\n(sec.461-ssec.2) An amount in the prisoners trust fund to the credit of a prisoner immediately before the commencement is the amount in the prisoner’s account in the new fund.\n(sec.461-ssec.3) If the chief executive was authorised under previous section 236 to deduct an amount from a prisoner’s account but had not deducted the amount before the commencement, the deduction may be made under section 314.","sortOrder":801},{"sectionNumber":"sec.462","sectionType":"section","heading":"Trust account records","content":"### sec.462 Trust account records\n\nThe records kept under previous section 234 and in existence immediately before the commencement are taken to be part of the records required to be kept under section 312.","sortOrder":802},{"sectionNumber":"sec.463","sectionType":"section","heading":"Investment of prisoners trust fund","content":"### sec.463 Investment of prisoners trust fund\n\nSection 315(2) applies in relation to any investment made under previous section 237(1) if the investment matures after the commencement.","sortOrder":803},{"sectionNumber":"sec.464","sectionType":"section","heading":"Remuneration of prisoners","content":"### sec.464 Remuneration of prisoners\n\nAn approval of an activity or program under previous section 238 and in force immediately before the commencement—\ncontinues in force according to its terms; and\nis taken to have been given under section 316.\nThe rates set by the chief executive under previous section 238 and in force immediately before the commencement—\ncontinue in force according to the terms of setting the rates; and\nare taken to have been set under section 316.\n(sec.464-ssec.1) An approval of an activity or program under previous section 238 and in force immediately before the commencement— continues in force according to its terms; and is taken to have been given under section 316.\n(sec.464-ssec.2) The rates set by the chief executive under previous section 238 and in force immediately before the commencement— continue in force according to the terms of setting the rates; and are taken to have been set under section 316.\n- (a) continues in force according to its terms; and\n- (b) is taken to have been given under section 316.\n- (a) continue in force according to the terms of setting the rates; and\n- (b) are taken to have been set under section 316.","sortOrder":804},{"sectionNumber":"ch.7-pt.6-div.5","sectionType":"division","heading":"Compensation","content":"## Compensation","sortOrder":805},{"sectionNumber":"sec.465","sectionType":"section","heading":"Compensation for loss or damage to property","content":"### sec.465 Compensation for loss or damage to property\n\nThis section applies if, immediately before the commencement, a person was entitled to apply under previous section 241(2) for compensation for loss or damage mentioned in the section.\nThe person may apply for the compensation under previous section 241(2) as if this Act had not been enacted.\n(sec.465-ssec.1) This section applies if, immediately before the commencement, a person was entitled to apply under previous section 241(2) for compensation for loss or damage mentioned in the section.\n(sec.465-ssec.2) The person may apply for the compensation under previous section 241(2) as if this Act had not been enacted.","sortOrder":806},{"sectionNumber":"ch.7-pt.6-div.6","sectionType":"division","heading":"Information","content":"## Information","sortOrder":807},{"sectionNumber":"sec.466","sectionType":"section","heading":"Concerned persons","content":"### sec.466 Concerned persons\n\nThe register of concerned persons established under previous section 242 and in existence immediately before the commencement is taken to be part of the eligible persons register.\nAn application under previous section 242(2) that has neither been granted nor refused before the commencement is taken to be an application under section 320(2).\nA notice under previous section 242(3) is taken to be the nomination of an entity under section 320(4).\n(sec.466-ssec.1) The register of concerned persons established under previous section 242 and in existence immediately before the commencement is taken to be part of the eligible persons register.\n(sec.466-ssec.2) An application under previous section 242(2) that has neither been granted nor refused before the commencement is taken to be an application under section 320(2).\n(sec.466-ssec.3) A notice under previous section 242(3) is taken to be the nomination of an entity under section 320(4).","sortOrder":808},{"sectionNumber":"sec.467","sectionType":"section","heading":"Commissioner to provide criminal history","content":"### sec.467 Commissioner to provide criminal history\n\nThis section applies if, before the commencement—\nthe chief executive asked the commissioner for a report about the criminal history of a person under previous section 244 (the previous request ); and\nthe commissioner had not given the report.\nThe previous request is taken to be a request under—\nfor a previous request about an offender mentioned in previous section 244(1)(a)—section 342(1); or\notherwise—section 334(2).\n(sec.467-ssec.1) This section applies if, before the commencement— the chief executive asked the commissioner for a report about the criminal history of a person under previous section 244 (the previous request ); and the commissioner had not given the report.\n(sec.467-ssec.2) The previous request is taken to be a request under— for a previous request about an offender mentioned in previous section 244(1)(a)—section 342(1); or otherwise—section 334(2).\n- (a) the chief executive asked the commissioner for a report about the criminal history of a person under previous section 244 (the previous request ); and\n- (b) the commissioner had not given the report.\n- (a) for a previous request about an offender mentioned in previous section 244(1)(a)—section 342(1); or\n- (b) otherwise—section 334(2).","sortOrder":809},{"sectionNumber":"sec.468","sectionType":"section","heading":"Traffic history","content":"### sec.468 Traffic history\n\nThis section applies if, before the commencement—\nthe chief executive asked the transport chief executive for a report about an offender’s traffic history under previous section 244A (the previous request ); and\nthe transport chief executive had not given the report.\nThe previous request is taken to be a request under section 343.\n(sec.468-ssec.1) This section applies if, before the commencement— the chief executive asked the transport chief executive for a report about an offender’s traffic history under previous section 244A (the previous request ); and the transport chief executive had not given the report.\n(sec.468-ssec.2) The previous request is taken to be a request under section 343.\n- (a) the chief executive asked the transport chief executive for a report about an offender’s traffic history under previous section 244A (the previous request ); and\n- (b) the transport chief executive had not given the report.","sortOrder":810},{"sectionNumber":"ch.7-pt.6-div.7","sectionType":"division","heading":"Legal provisions","content":"## Legal provisions","sortOrder":811},{"sectionNumber":"sec.469","sectionType":"section","heading":"Proceedings","content":"### sec.469 Proceedings\n\nA proceeding started before the commencement under a provision of any of the repealed Acts, and pending at the commencement, may be continued as if this Act had not been enacted.\nIn this section—\nproceeding means a proceeding—\nunder the Judicial Review Act 1991 in relation to a decision made under any of the repealed Acts; or\nfor an offence against a provision of any of the repealed Acts.\n(sec.469-ssec.1) A proceeding started before the commencement under a provision of any of the repealed Acts, and pending at the commencement, may be continued as if this Act had not been enacted.\n(sec.469-ssec.2) In this section— proceeding means a proceeding— under the Judicial Review Act 1991 in relation to a decision made under any of the repealed Acts; or for an offence against a provision of any of the repealed Acts.\n- (a) under the Judicial Review Act 1991 in relation to a decision made under any of the repealed Acts; or\n- (b) for an offence against a provision of any of the repealed Acts.","sortOrder":812},{"sectionNumber":"ch.7-pt.7","sectionType":"part","heading":"Other transitional provisions","content":"# Other transitional provisions","sortOrder":813},{"sectionNumber":"sec.470","sectionType":"section","heading":"References in Acts or documents","content":"### sec.470 References in Acts or documents\n\nIn an Act or document, if the context permits—\na reference to the Corrective Services Act 2000 is taken to be a reference to this Act; and\nan industrial instrument within the meaning of the Industrial Relations Act 1999\na reference to the Corrective Services Regulation 2001 is taken to be a reference to a regulation made under this Act; and\na reference to a WORC site or WCC site is taken to be a reference to a work camp; and\na reference to the person in charge of a corrective services facility, or a particular type of corrective services facility, within the meaning of the 2000 Act is taken to be a reference to the chief executive; and\na reference to a special treatment order or crisis support order is taken to be a reference to a safety order; and\na reference to a community work order is taken to be a reference to a work order; and\na reference to a post-prison community based release order is taken to be a reference to a parole order; and\na reference to post-prison community based release is taken to be a reference to parole; and\na reference to the Queensland Community Corrections Board is taken to be a reference to the Queensland Parole Board; and\na reference to a regional community corrections board is taken to be a reference to—\ngenerally, a regional parole board; or\nif the reference is to the North Queensland Regional Community Corrections Board, the Townsville Regional Community Corrections Board or the Central Queensland Regional Community Corrections Board—the Central and Northern Queensland Regional Parole Board; or\nif the reference is to the Brisbane Regional Community Corrections Board, the South Queensland Regional Community Corrections Board or the West Moreton Regional Community Corrections Board—the Southern Queensland Regional Parole Board.\n- (a) a reference to the Corrective Services Act 2000 is taken to be a reference to this Act; and Example of document for paragraph (a)— an industrial instrument within the meaning of the Industrial Relations Act 1999\n- (b) a reference to the Corrective Services Regulation 2001 is taken to be a reference to a regulation made under this Act; and\n- (c) a reference to a WORC site or WCC site is taken to be a reference to a work camp; and\n- (d) a reference to the person in charge of a corrective services facility, or a particular type of corrective services facility, within the meaning of the 2000 Act is taken to be a reference to the chief executive; and\n- (e) a reference to a special treatment order or crisis support order is taken to be a reference to a safety order; and\n- (f) a reference to a community work order is taken to be a reference to a work order; and\n- (g) a reference to a post-prison community based release order is taken to be a reference to a parole order; and\n- (h) a reference to post-prison community based release is taken to be a reference to parole; and\n- (i) a reference to the Queensland Community Corrections Board is taken to be a reference to the Queensland Parole Board; and\n- (j) a reference to a regional community corrections board is taken to be a reference to— (i) generally, a regional parole board; or (ii) if the reference is to the North Queensland Regional Community Corrections Board, the Townsville Regional Community Corrections Board or the Central Queensland Regional Community Corrections Board—the Central and Northern Queensland Regional Parole Board; or (iii) if the reference is to the Brisbane Regional Community Corrections Board, the South Queensland Regional Community Corrections Board or the West Moreton Regional Community Corrections Board—the Southern Queensland Regional Parole Board.\n- (i) generally, a regional parole board; or\n- (ii) if the reference is to the North Queensland Regional Community Corrections Board, the Townsville Regional Community Corrections Board or the Central Queensland Regional Community Corrections Board—the Central and Northern Queensland Regional Parole Board; or\n- (iii) if the reference is to the Brisbane Regional Community Corrections Board, the South Queensland Regional Community Corrections Board or the West Moreton Regional Community Corrections Board—the Southern Queensland Regional Parole Board.\n- (i) generally, a regional parole board; or\n- (ii) if the reference is to the North Queensland Regional Community Corrections Board, the Townsville Regional Community Corrections Board or the Central Queensland Regional Community Corrections Board—the Central and Northern Queensland Regional Parole Board; or\n- (iii) if the reference is to the Brisbane Regional Community Corrections Board, the South Queensland Regional Community Corrections Board or the West Moreton Regional Community Corrections Board—the Southern Queensland Regional Parole Board.","sortOrder":814},{"sectionNumber":"sec.471","sectionType":"section","heading":"Authorities and actions","content":"### sec.471 Authorities and actions\n\nThis section applies to an authority made, or an action taken, under a previous provision, if the authority was in force or the action continued to have effect immediately before the commencement.\nIf there is a corresponding provision of this Act for the previous provision, the authority or action—\ncontinues in force, or continues to have effect, according to its terms; and\nis taken to have been made or taken under the corresponding provision of this Act.\nThis section is subject to a specific provision of this chapter in relation to the authority or action.\nIn this section—\nauthority means an approval, authorisation, certificate, classification, decision, declaration, determination, direction, guideline, instrument, order, parole order, permit, policy, procedure, recommendation, transfer instrument or other authority.\ncorresponding provision of this Act , for an authority or action, includes a provision of this Act that provides for the authority to be made, or action to be taken, by the chief executive even if the person who made the authority or took the action under the previous provision was not the chief executive.\nmade includes given and issued.\norder includes an order given orally or in writing, but does not include a parole order.\nprevious provision , for an authority made or action taken, means a provision of one of the repealed Acts under which the authority may be made or action taken.\n(sec.471-ssec.1) This section applies to an authority made, or an action taken, under a previous provision, if the authority was in force or the action continued to have effect immediately before the commencement.\n(sec.471-ssec.2) If there is a corresponding provision of this Act for the previous provision, the authority or action— continues in force, or continues to have effect, according to its terms; and is taken to have been made or taken under the corresponding provision of this Act.\n(sec.471-ssec.3) This section is subject to a specific provision of this chapter in relation to the authority or action.\n(sec.471-ssec.4) In this section— authority means an approval, authorisation, certificate, classification, decision, declaration, determination, direction, guideline, instrument, order, parole order, permit, policy, procedure, recommendation, transfer instrument or other authority. corresponding provision of this Act , for an authority or action, includes a provision of this Act that provides for the authority to be made, or action to be taken, by the chief executive even if the person who made the authority or took the action under the previous provision was not the chief executive. made includes given and issued. order includes an order given orally or in writing, but does not include a parole order. previous provision , for an authority made or action taken, means a provision of one of the repealed Acts under which the authority may be made or action taken.\n- (a) continues in force, or continues to have effect, according to its terms; and\n- (b) is taken to have been made or taken under the corresponding provision of this Act.","sortOrder":815},{"sectionNumber":"sec.472","sectionType":"section","heading":"Corrective Services Rules","content":"### sec.472 Corrective Services Rules\n\nTo remove any doubt, it is declared that, to the extent the corrective services rules were in force immediately before the expiry of the 2000 Act, section 272, the corrective services rules expired on the expiry of that section.\nThe 2000 Act, section 272 expired on 1 July 2002.\nIt is declared that there is not, and never has been, a requirement to publish any of the following rules of the corrective services rules—\nrule 32 (Prisoner construction of electronic or electromechanical devices)\nrule 111 (Prescription of Industrial and Community Work Centre, Wacol, as a place for the transfer of prisoners)\nrule 172 (Prisoner protection)\nrule 223 (Security related training weapons and munition standards)\nrule 226 (Standard operational procedures for the establishment of an incident management centre (IMC))\nrule 230 (Management of hostage incidents in custodial correctional centres)\nrule 232 (Operation of Barringer Ionscan narcotics and explosives detection unit)\nrule 233 (Maximum security unit)\nrule 236 (Risk management)\nrule 239 (Prisoner escort)\nrule 240 (Incident management).\nIn this section—\ncorrective services rules means the corrective services rules—\nmade under the Corrective Services (Administration) Act 1988 ; and\nunder the 2000 Act, section 272, continued in force as regulations under the 2000 Act.\n(sec.472-ssec.1) To remove any doubt, it is declared that, to the extent the corrective services rules were in force immediately before the expiry of the 2000 Act, section 272, the corrective services rules expired on the expiry of that section. The 2000 Act, section 272 expired on 1 July 2002.\n(sec.472-ssec.2) It is declared that there is not, and never has been, a requirement to publish any of the following rules of the corrective services rules— rule 32 (Prisoner construction of electronic or electromechanical devices) rule 111 (Prescription of Industrial and Community Work Centre, Wacol, as a place for the transfer of prisoners) rule 172 (Prisoner protection) rule 223 (Security related training weapons and munition standards) rule 226 (Standard operational procedures for the establishment of an incident management centre (IMC)) rule 230 (Management of hostage incidents in custodial correctional centres) rule 232 (Operation of Barringer Ionscan narcotics and explosives detection unit) rule 233 (Maximum security unit) rule 236 (Risk management) rule 239 (Prisoner escort) rule 240 (Incident management).\n(sec.472-ssec.3) In this section— corrective services rules means the corrective services rules— made under the Corrective Services (Administration) Act 1988 ; and under the 2000 Act, section 272, continued in force as regulations under the 2000 Act.\n- • rule 32 (Prisoner construction of electronic or electromechanical devices)\n- • rule 111 (Prescription of Industrial and Community Work Centre, Wacol, as a place for the transfer of prisoners)\n- • rule 172 (Prisoner protection)\n- • rule 223 (Security related training weapons and munition standards)\n- • rule 226 (Standard operational procedures for the establishment of an incident management centre (IMC))\n- • rule 230 (Management of hostage incidents in custodial correctional centres)\n- • rule 232 (Operation of Barringer Ionscan narcotics and explosives detection unit)\n- • rule 233 (Maximum security unit)\n- • rule 236 (Risk management)\n- • rule 239 (Prisoner escort)\n- • rule 240 (Incident management).\n- (a) made under the Corrective Services (Administration) Act 1988 ; and\n- (b) under the 2000 Act, section 272, continued in force as regulations under the 2000 Act.","sortOrder":816},{"sectionNumber":"sec.473","sectionType":"section","heading":"Previous expectations of prisoner","content":"### sec.473 Previous expectations of prisoner\n\nThis section applies to a prisoner sentenced for an offence committed before the commencement, whether or not the prisoner was sentenced for the offence after the commencement.\nFrom the commencement, this chapter and chapters 2 and 5 are the only provisions dealing with the previous expectations of the prisoner.\nIf, before the commencement, the prisoner had a previous expectation, it is extinguished to the extent it is not provided for under subsection (2).\nSubsections (2) and (3) apply in relation to an application made by the prisoner and dealt with after the commencement even if the application was made before the commencement.\nThis section has no effect in relation to a proceeding mentioned in section 469.\nHowever, this section prevails to the extent it is inconsistent with—\nsection 471; or\nthe Acts Interpretation Act 1954 , sections 20 and 20C(3), the Criminal Code, section 11(2), the Penalties and Sentences Act 1992 , section 180 or any other law of similar effect.\nThe Acts Interpretation Act 1954 , section 20 deals with the saving of the operation of a repealed Act etc., and section 20C of that Act deals with the creation of offences and changes in penalties.\nThe Criminal Code, section 11(2) deals with the effect of changes in a law.\nThe Penalties and Sentences Act 1992 , section 180 deals with the effect of alterations in sentences.\nIn this section—\nprevious expectation , for a prisoner, means any expectation the prisoner may have had in relation to a matter under the 2000 Act, including, for example, any of the following—\nan expectation to have a review of a classification as mentioned in previous section 12(4);\nan expectation to be transferred under previous section 53(1);\nan expectation to be granted approval as mentioned in previous section 56(2);\nan expectation to be eligible to participate in a WORC program or WCC program as mentioned in previous section 57;\nan expectation to be granted leave of absence under previous chapter 2, part 2, division 9;\nan expectation to be granted remission under previous section 75;\nan expectation to be granted conditional release under previous section 76;\nan expectation to be discharged or released on a particular day, as mentioned in previous section 82 or 83.\ns 473 amd 2009 No. 30 s 3 sch\n(sec.473-ssec.1) This section applies to a prisoner sentenced for an offence committed before the commencement, whether or not the prisoner was sentenced for the offence after the commencement.\n(sec.473-ssec.2) From the commencement, this chapter and chapters 2 and 5 are the only provisions dealing with the previous expectations of the prisoner.\n(sec.473-ssec.3) If, before the commencement, the prisoner had a previous expectation, it is extinguished to the extent it is not provided for under subsection (2).\n(sec.473-ssec.4) Subsections (2) and (3) apply in relation to an application made by the prisoner and dealt with after the commencement even if the application was made before the commencement.\n(sec.473-ssec.5) This section has no effect in relation to a proceeding mentioned in section 469.\n(sec.473-ssec.6) However, this section prevails to the extent it is inconsistent with— section 471; or the Acts Interpretation Act 1954 , sections 20 and 20C(3), the Criminal Code, section 11(2), the Penalties and Sentences Act 1992 , section 180 or any other law of similar effect. The Acts Interpretation Act 1954 , section 20 deals with the saving of the operation of a repealed Act etc., and section 20C of that Act deals with the creation of offences and changes in penalties. The Criminal Code, section 11(2) deals with the effect of changes in a law. The Penalties and Sentences Act 1992 , section 180 deals with the effect of alterations in sentences.\n(sec.473-ssec.7) In this section— previous expectation , for a prisoner, means any expectation the prisoner may have had in relation to a matter under the 2000 Act, including, for example, any of the following— an expectation to have a review of a classification as mentioned in previous section 12(4); an expectation to be transferred under previous section 53(1); an expectation to be granted approval as mentioned in previous section 56(2); an expectation to be eligible to participate in a WORC program or WCC program as mentioned in previous section 57; an expectation to be granted leave of absence under previous chapter 2, part 2, division 9; an expectation to be granted remission under previous section 75; an expectation to be granted conditional release under previous section 76; an expectation to be discharged or released on a particular day, as mentioned in previous section 82 or 83.\n- (a) section 471; or\n- (b) the Acts Interpretation Act 1954 , sections 20 and 20C(3), the Criminal Code, section 11(2), the Penalties and Sentences Act 1992 , section 180 or any other law of similar effect. Note— The Acts Interpretation Act 1954 , section 20 deals with the saving of the operation of a repealed Act etc., and section 20C of that Act deals with the creation of offences and changes in penalties. The Criminal Code, section 11(2) deals with the effect of changes in a law. The Penalties and Sentences Act 1992 , section 180 deals with the effect of alterations in sentences.\n- (a) an expectation to have a review of a classification as mentioned in previous section 12(4);\n- (b) an expectation to be transferred under previous section 53(1);\n- (c) an expectation to be granted approval as mentioned in previous section 56(2);\n- (d) an expectation to be eligible to participate in a WORC program or WCC program as mentioned in previous section 57;\n- (e) an expectation to be granted leave of absence under previous chapter 2, part 2, division 9;\n- (f) an expectation to be granted remission under previous section 75;\n- (g) an expectation to be granted conditional release under previous section 76;\n- (h) an expectation to be discharged or released on a particular day, as mentioned in previous section 82 or 83.","sortOrder":817},{"sectionNumber":"sec.474","sectionType":"section","heading":"All release to be dealt with under this Act","content":"### sec.474 All release to be dealt with under this Act\n\nThis section applies to a prisoner sentenced for an offence committed before the commencement, whether or not the prisoner was sentenced for the offence after the commencement.\nFrom the commencement—\nthis chapter and chapters 2 and 5 are the only provisions under which the prisoner may be released before the end of the period of imprisonment to which the prisoner has been sentenced; and\nthe only requirements for the granting of the release are the requirements that apply under this Act.\nIf, before the commencement, the prisoner had any expectation to be able, after the commencement, to be released before, or to be considered for a release taking effect before, the end of the period of imprisonment to which the prisoner has been sentenced, the expectation is extinguished to the extent that the release is not provided for under subsection (2).\nSubsections (2) and (3) apply in relation to an application made by the prisoner and dealt with after the commencement even if the application was made before the commencement.\nIf a form of release for which the prisoner made an application before the commencement corresponds to a form of release that, after the commencement, is available under chapter 5, the application must be dealt with, to the greatest practicable extent, as an application for the form of release under chapter 5, but this subsection does not authorise release before the prisoner’s parole eligibility date.\nThis section has no effect in relation to a proceeding mentioned in section 469.\nHowever, this section prevails to the extent it is inconsistent with—\nsection 470; or\nthe Acts Interpretation Act 1954 , sections 20 and 20C(3), the Criminal Code, section 11(2), the Penalties and Sentences Act 1992 , section 180 or any other law of similar effect.\nIn this section—\nexpectation includes right, privilege, entitlement and eligibility.\n(sec.474-ssec.1) This section applies to a prisoner sentenced for an offence committed before the commencement, whether or not the prisoner was sentenced for the offence after the commencement.\n(sec.474-ssec.2) From the commencement— this chapter and chapters 2 and 5 are the only provisions under which the prisoner may be released before the end of the period of imprisonment to which the prisoner has been sentenced; and the only requirements for the granting of the release are the requirements that apply under this Act.\n(sec.474-ssec.3) If, before the commencement, the prisoner had any expectation to be able, after the commencement, to be released before, or to be considered for a release taking effect before, the end of the period of imprisonment to which the prisoner has been sentenced, the expectation is extinguished to the extent that the release is not provided for under subsection (2).\n(sec.474-ssec.4) Subsections (2) and (3) apply in relation to an application made by the prisoner and dealt with after the commencement even if the application was made before the commencement.\n(sec.474-ssec.5) If a form of release for which the prisoner made an application before the commencement corresponds to a form of release that, after the commencement, is available under chapter 5, the application must be dealt with, to the greatest practicable extent, as an application for the form of release under chapter 5, but this subsection does not authorise release before the prisoner’s parole eligibility date.\n(sec.474-ssec.6) This section has no effect in relation to a proceeding mentioned in section 469.\n(sec.474-ssec.7) However, this section prevails to the extent it is inconsistent with— section 470; or the Acts Interpretation Act 1954 , sections 20 and 20C(3), the Criminal Code, section 11(2), the Penalties and Sentences Act 1992 , section 180 or any other law of similar effect.\n(sec.474-ssec.8) In this section— expectation includes right, privilege, entitlement and eligibility.\n- (a) this chapter and chapters 2 and 5 are the only provisions under which the prisoner may be released before the end of the period of imprisonment to which the prisoner has been sentenced; and\n- (b) the only requirements for the granting of the release are the requirements that apply under this Act.\n- (a) section 470; or\n- (b) the Acts Interpretation Act 1954 , sections 20 and 20C(3), the Criminal Code, section 11(2), the Penalties and Sentences Act 1992 , section 180 or any other law of similar effect.","sortOrder":818},{"sectionNumber":"ch.7-pt.8","sectionType":"part","heading":"Declaration and validation provisions","content":"# Declaration and validation provisions","sortOrder":819},{"sectionNumber":"sec.475","sectionType":"section","heading":"Declaration and validation about particular warrants issued under Penalties and Sentences Act 1992","content":"### sec.475 Declaration and validation about particular warrants issued under Penalties and Sentences Act 1992\n\nIt is declared that—\na Magistrates Court has and always has had, including before the commencement of this section, power to issue a warrant for a person’s detention for the purposes of a relevant Corrective Services Act provision; and\na warrant for a person’s detention issued or purported to have been issued by a Magistrates Court for a relevant Corrective Services Act provision was sufficient for its purpose.\nSee the definition warrant in schedule 4.\nIn this section—\nrelevant Corrective Services Act provision means—\nthe 2000 Act, section 9(1)(a); or\na provision of one of the other repealed Acts that corresponded to the provision mentioned in paragraph (a).\n(sec.475-ssec.1) It is declared that— a Magistrates Court has and always has had, including before the commencement of this section, power to issue a warrant for a person’s detention for the purposes of a relevant Corrective Services Act provision; and a warrant for a person’s detention issued or purported to have been issued by a Magistrates Court for a relevant Corrective Services Act provision was sufficient for its purpose. See the definition warrant in schedule 4.\n(sec.475-ssec.2) In this section— relevant Corrective Services Act provision means— the 2000 Act, section 9(1)(a); or a provision of one of the other repealed Acts that corresponded to the provision mentioned in paragraph (a).\n- (a) a Magistrates Court has and always has had, including before the commencement of this section, power to issue a warrant for a person’s detention for the purposes of a relevant Corrective Services Act provision; and\n- (b) a warrant for a person’s detention issued or purported to have been issued by a Magistrates Court for a relevant Corrective Services Act provision was sufficient for its purpose.\n- (a) the 2000 Act, section 9(1)(a); or\n- (b) a provision of one of the other repealed Acts that corresponded to the provision mentioned in paragraph (a).","sortOrder":820},{"sectionNumber":"sec.476","sectionType":"section","heading":"Declaration about prisoner for 2000 Act, ch 5, pt 1","content":"### sec.476 Declaration about prisoner for 2000 Act, ch 5, pt 1\n\nIt is declared that a person, including a person who was the subject of a post-prison community based release order within the meaning of the 2000 Act, was and always was a prisoner for that Act, chapter 5, part 1 (the relevant provisions ) during the period starting on 1 October 2003 and ending on the commencement of this section, if, during the period, the person was in the custody of the chief executive of the department in which that Act was administered.\nTo remove any doubt, it is declared that a decision made or purportedly made, or an action taken or purportedly taken, in relation to the person under the relevant provisions is, and always has been, as valid as it would have been if the person were a prisoner for the relevant provisions when the decision was made or the action was taken.\n(sec.476-ssec.1) It is declared that a person, including a person who was the subject of a post-prison community based release order within the meaning of the 2000 Act, was and always was a prisoner for that Act, chapter 5, part 1 (the relevant provisions ) during the period starting on 1 October 2003 and ending on the commencement of this section, if, during the period, the person was in the custody of the chief executive of the department in which that Act was administered.\n(sec.476-ssec.2) To remove any doubt, it is declared that a decision made or purportedly made, or an action taken or purportedly taken, in relation to the person under the relevant provisions is, and always has been, as valid as it would have been if the person were a prisoner for the relevant provisions when the decision was made or the action was taken.","sortOrder":821},{"sectionNumber":"sec.476A","sectionType":"section","heading":null,"content":"### Section sec.476A\n\ns 476A ins 2009 No. 13 s 213 sch 5\nom 2013 No. 39 s 109 sch 2","sortOrder":822},{"sectionNumber":"ch.7-pt.9","sectionType":"part","heading":"Saving, transitional and validating provisions for Corrective Services Act 2000","content":"# Saving, transitional and validating provisions for Corrective Services Act 2000","sortOrder":823},{"sectionNumber":"sec.477","sectionType":"section","heading":"Purpose of pt 9","content":"### sec.477 Purpose of pt 9\n\nThe purpose of this part is to provide for the continuing effect of particular provisions of the 2000 Act to the extent the provisions have effect immediately before the commencement.\nHowever, this part does not limit the application of the Acts Interpretation Act 1954 , section 20A to a declaration of a thing for a saving or transitional purpose under the 2000 Act as mentioned in that section for a matter not dealt with in this part.\ns 477 AIA s 20A applies (see s 477(2))\n(sec.477-ssec.1) The purpose of this part is to provide for the continuing effect of particular provisions of the 2000 Act to the extent the provisions have effect immediately before the commencement.\n(sec.477-ssec.2) However, this part does not limit the application of the Acts Interpretation Act 1954 , section 20A to a declaration of a thing for a saving or transitional purpose under the 2000 Act as mentioned in that section for a matter not dealt with in this part.","sortOrder":824},{"sectionNumber":"sec.478","sectionType":"section","heading":"Provisions for sch 2","content":"### sec.478 Provisions for sch 2\n\nThe provisions set out in schedule 2 (the continuing provisions ) continue to apply in relation to matters before the commencement to which they would have applied under the 2000 Act.\nFor subsection (1), the continuing provisions—\nare numbered with the section numbers of the 2000 Act; and\nare to be read in the context of the 2000 Act.\nA reference in a continuing provision to ‘the commencement of this section’ is a reference to when the section commenced as part of the 2000 Act.\nA term used in a continuing provision (for example, ‘post- prison community based release order’) is the term as defined in the 2000 Act.\n(sec.478-ssec.1) The provisions set out in schedule 2 (the continuing provisions ) continue to apply in relation to matters before the commencement to which they would have applied under the 2000 Act.\n(sec.478-ssec.2) For subsection (1), the continuing provisions— are numbered with the section numbers of the 2000 Act; and are to be read in the context of the 2000 Act. A reference in a continuing provision to ‘the commencement of this section’ is a reference to when the section commenced as part of the 2000 Act. A term used in a continuing provision (for example, ‘post- prison community based release order’) is the term as defined in the 2000 Act.\n- (a) are numbered with the section numbers of the 2000 Act; and\n- (b) are to be read in the context of the 2000 Act. Examples for paragraph (b)— 1 A reference in a continuing provision to ‘the commencement of this section’ is a reference to when the section commenced as part of the 2000 Act. 2 A term used in a continuing provision (for example, ‘post- prison community based release order’) is the term as defined in the 2000 Act.\n- 1 A reference in a continuing provision to ‘the commencement of this section’ is a reference to when the section commenced as part of the 2000 Act.\n- 2 A term used in a continuing provision (for example, ‘post- prison community based release order’) is the term as defined in the 2000 Act.\n- 1 A reference in a continuing provision to ‘the commencement of this section’ is a reference to when the section commenced as part of the 2000 Act.\n- 2 A term used in a continuing provision (for example, ‘post- prison community based release order’) is the term as defined in the 2000 Act.","sortOrder":825},{"sectionNumber":"ch.7A-pt.1","sectionType":"part","heading":"Transitional provisions for Criminal Code (Drink Spiking) and Other Acts Amendment Act 2006","content":"# Transitional provisions for Criminal Code (Drink Spiking) and Other Acts Amendment Act 2006","sortOrder":826},{"sectionNumber":"sec.478A","sectionType":"section","heading":"Previous expectations of sexual offenders about leave of absence","content":"### sec.478A Previous expectations of sexual offenders about leave of absence\n\nThis section applies to a prisoner sentenced for a sexual offence committed before the commencement of this section (the commencement ), whether or not the prisoner was sentenced for the offence after the commencement.\nIf, before the commencement, the prisoner had an expectation to be granted prohibited leave after the commencement, it is extinguished.\nAn application for prohibited leave made by the prisoner, but not decided, before the commencement is of no effect.\nIf this section is inconsistent with section 473, this section prevails to the extent of the inconsistency.\nIn this section—\nexpectation includes right, privilege, entitlement and eligibility.\nprohibited leave means leave of absence other than compassionate leave or health leave.\ns 478A ins 2006 No. 45 s 8\n(sec.478A-ssec.1) This section applies to a prisoner sentenced for a sexual offence committed before the commencement of this section (the commencement ), whether or not the prisoner was sentenced for the offence after the commencement.\n(sec.478A-ssec.2) If, before the commencement, the prisoner had an expectation to be granted prohibited leave after the commencement, it is extinguished.\n(sec.478A-ssec.3) An application for prohibited leave made by the prisoner, but not decided, before the commencement is of no effect.\n(sec.478A-ssec.4) If this section is inconsistent with section 473, this section prevails to the extent of the inconsistency.\n(sec.478A-ssec.5) In this section— expectation includes right, privilege, entitlement and eligibility. prohibited leave means leave of absence other than compassionate leave or health leave.","sortOrder":827},{"sectionNumber":"sec.478B","sectionType":"section","heading":"Previous expectations of sexual offenders about resettlement leave","content":"### sec.478B Previous expectations of sexual offenders about resettlement leave\n\nThis section applies to a prisoner to whom section 478A(1) applies if—\nthe prisoner was granted resettlement leave before the commencement of section 82(1)(e) (the commencement ); and\nthe chief executive cancels the operation of the order for the prisoner’s resettlement leave under section 85(2) because the Queensland board suspended or cancelled the prisoner’s resettlement leave program, whether before or after the commencement.\nThe pre-amended Act applies for the purpose of the following—\nsection 80;\nan amendment of the resettlement leave program;\nan application made under the Judicial Review Act 1991 in relation to the Queensland board’s decision to suspend or cancel the resettlement leave program.\nIf the Queensland board, whether before or after the commencement, changes its decision to suspend or cancel its approval of the resettlement leave program for the prisoner, the chief executive must act under section 74 to give effect to the changed decision as if section 9 of the amending Act had not been enacted.\nIf the Queensland board, whether before or after the commencement approves a resettlement leave program for the prisoner following an order made under the Judicial Review Act 1991 , section 30, the chief executive must act under section 74 in relation to the approved resettlement leave program as if section 9 of the amending Act had not been enacted.\nIf, in accordance with subsection (3) or (4), the chief executive grants the prisoner resettlement leave, the pre-amended Act applies to the prisoner for the resettlement leave.\nIn this section—\namending Act means the Criminal Code (Drink Spiking) and Other Acts Amendment Act 2006 .\npre-amended Act means this Act as in force immediately before the commencement of section 9 of the amending Act.\ns 478B ins 2006 No. 45 s 8\n(sec.478B-ssec.1) This section applies to a prisoner to whom section 478A(1) applies if— the prisoner was granted resettlement leave before the commencement of section 82(1)(e) (the commencement ); and the chief executive cancels the operation of the order for the prisoner’s resettlement leave under section 85(2) because the Queensland board suspended or cancelled the prisoner’s resettlement leave program, whether before or after the commencement.\n(sec.478B-ssec.2) The pre-amended Act applies for the purpose of the following— section 80; an amendment of the resettlement leave program; an application made under the Judicial Review Act 1991 in relation to the Queensland board’s decision to suspend or cancel the resettlement leave program.\n(sec.478B-ssec.3) If the Queensland board, whether before or after the commencement, changes its decision to suspend or cancel its approval of the resettlement leave program for the prisoner, the chief executive must act under section 74 to give effect to the changed decision as if section 9 of the amending Act had not been enacted.\n(sec.478B-ssec.4) If the Queensland board, whether before or after the commencement approves a resettlement leave program for the prisoner following an order made under the Judicial Review Act 1991 , section 30, the chief executive must act under section 74 in relation to the approved resettlement leave program as if section 9 of the amending Act had not been enacted.\n(sec.478B-ssec.5) If, in accordance with subsection (3) or (4), the chief executive grants the prisoner resettlement leave, the pre-amended Act applies to the prisoner for the resettlement leave.\n(sec.478B-ssec.6) In this section— amending Act means the Criminal Code (Drink Spiking) and Other Acts Amendment Act 2006 . pre-amended Act means this Act as in force immediately before the commencement of section 9 of the amending Act.\n- (a) the prisoner was granted resettlement leave before the commencement of section 82(1)(e) (the commencement ); and\n- (b) the chief executive cancels the operation of the order for the prisoner’s resettlement leave under section 85(2) because the Queensland board suspended or cancelled the prisoner’s resettlement leave program, whether before or after the commencement.\n- (a) section 80;\n- (b) an amendment of the resettlement leave program;\n- (c) an application made under the Judicial Review Act 1991 in relation to the Queensland board’s decision to suspend or cancel the resettlement leave program.","sortOrder":828},{"sectionNumber":"ch.7A-pt.2","sectionType":"part","heading":"Transitional provisions for Corrective Services and Other Legislation Amendment Act 2008","content":"# Transitional provisions for Corrective Services and Other Legislation Amendment Act 2008","sortOrder":829},{"sectionNumber":"sec.478C","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.478C Definitions for pt 2\n\nIn this part—\ncommencement means the commencement of this section.\nrelevant person see section 319A.\ns 478C ins 2008 No. 53 s 8","sortOrder":830},{"sectionNumber":"sec.478D","sectionType":"section","heading":"Discrimination complaints not decided before commencement","content":"### sec.478D Discrimination complaints not decided before commencement\n\nThis section applies to a complaint by a relevant person to the anti-discrimination commissioner under the Anti-Discrimination Act , section 134 about an alleged contravention of that Act committed by a protected defendant against an offender that was made but not decided before the commencement.\nChapter 6, part 12A, other than sections 319D and 319I(1), (4) and (5), does not apply to the complaint.\ns 478D ins 2008 No. 53 s 8\n(sec.478D-ssec.1) This section applies to a complaint by a relevant person to the anti-discrimination commissioner under the Anti-Discrimination Act , section 134 about an alleged contravention of that Act committed by a protected defendant against an offender that was made but not decided before the commencement.\n(sec.478D-ssec.2) Chapter 6, part 12A, other than sections 319D and 319I(1), (4) and (5), does not apply to the complaint.","sortOrder":831},{"sectionNumber":"sec.478E","sectionType":"section","heading":"Relevant money awarded after commencement","content":"### sec.478E Relevant money awarded after commencement\n\nThis section applies to relevant money awarded in relation to a person after the commencement.\nChapter 6, part 12B applies to the relevant money even if—\nthe award of damages forming the relevant money was for a civil wrong committed by a protected defendant against the person before the commencement; or\nthe award of compensation forming the relevant money was for a contravention of the Anti-Discrimination Act committed by a protected defendant against the person before the commencement.\ns 478E ins 2008 No. 53 s 8\n(sec.478E-ssec.1) This section applies to relevant money awarded in relation to a person after the commencement.\n(sec.478E-ssec.2) Chapter 6, part 12B applies to the relevant money even if— the award of damages forming the relevant money was for a civil wrong committed by a protected defendant against the person before the commencement; or the award of compensation forming the relevant money was for a contravention of the Anti-Discrimination Act committed by a protected defendant against the person before the commencement.\n- (a) the award of damages forming the relevant money was for a civil wrong committed by a protected defendant against the person before the commencement; or\n- (b) the award of compensation forming the relevant money was for a contravention of the Anti-Discrimination Act committed by a protected defendant against the person before the commencement.","sortOrder":832},{"sectionNumber":"sec.478F","sectionType":"section","heading":"Legal costs of victim claims brought before commencement","content":"### sec.478F Legal costs of victim claims brought before commencement\n\nSection 319ZL only applies to the legal costs of a victim claim started after the commencement.\ns 478F ins 2008 No. 53 s 8","sortOrder":833},{"sectionNumber":"ch.7A-pt.3","sectionType":"part","heading":"Transitional provision for Criminal Code and Other Acts Amendment Act 2008","content":"# Transitional provision for Criminal Code and Other Acts Amendment Act 2008","sortOrder":834},{"sectionNumber":"sec.479","sectionType":"section","heading":"Reference in sch 1 to Criminal Code provision","content":"### sec.479 Reference in sch 1 to Criminal Code provision\n\nSchedule 1 applies as if the reference to the Criminal Code, section 208 included a reference to the Criminal Code, section 209 as in force at any time before its repeal by the Criminal Code and Other Acts Amendment Act 2008 .\ns 479 (prev s 478C) ins 2008 No. 55 s 150 sch\nrenum and reloc 2009 No. 30 s 3 sch","sortOrder":835},{"sectionNumber":"ch.7A-pt.4","sectionType":"part","heading":"Transitional provisions for Corrective Services and Other Legislation Amendment Act 2009","content":"# Transitional provisions for Corrective Services and Other Legislation Amendment Act 2009","sortOrder":836},{"sectionNumber":"sec.480","sectionType":"section","heading":"Definitions for pt 4","content":"### sec.480 Definitions for pt 4\n\nIn this part—\namending Act means the Corrective Services and Other Legislation Amendment Act 2009 .\ncommencement means the commencement of this part.\nprevious , if followed by a provision number, means the provision of that number as in force immediately before the commencement.\ns 480 ins 2009 No. 30 s 39","sortOrder":837},{"sectionNumber":"sec.481","sectionType":"section","heading":"Existing order for reintegration leave","content":"### sec.481 Existing order for reintegration leave\n\nThis section applies to an order granting reintegration leave to a prisoner under previous section 72(1)(e) if the order was in force immediately before the commencement.\nThe order continues in force according to its terms.\nThis Act continues to apply for the reintegration leave as if the amending Act had not been enacted.\ns 481 ins 2009 No. 30 s 39\n(sec.481-ssec.1) This section applies to an order granting reintegration leave to a prisoner under previous section 72(1)(e) if the order was in force immediately before the commencement.\n(sec.481-ssec.2) The order continues in force according to its terms.\n(sec.481-ssec.3) This Act continues to apply for the reintegration leave as if the amending Act had not been enacted.","sortOrder":838},{"sectionNumber":"sec.482","sectionType":"section","heading":"Existing order for resettlement leave","content":"### sec.482 Existing order for resettlement leave\n\nThis section applies to an order granting resettlement leave to a prisoner under previous section 72(1)(f) if the order was in force immediately before the commencement.\nThe order continues in force according to its terms.\nThis Act continues to apply for the resettlement leave as if the amending Act had not been enacted.\ns 482 ins 2009 No. 30 s 39\n(sec.482-ssec.1) This section applies to an order granting resettlement leave to a prisoner under previous section 72(1)(f) if the order was in force immediately before the commencement.\n(sec.482-ssec.2) The order continues in force according to its terms.\n(sec.482-ssec.3) This Act continues to apply for the resettlement leave as if the amending Act had not been enacted.","sortOrder":839},{"sectionNumber":"sec.483","sectionType":"section","heading":"Existing approved resettlement leave programs","content":"### sec.483 Existing approved resettlement leave programs\n\nThis section applies if, before the commencement—\na resettlement leave program for a prisoner was approved under previous section 76(1) or 77(1); and\nthe resettlement leave program had not ended.\nThis Act continues to apply for the resettlement leave program and the prisoner’s resettlement leave as if the amending Act had not been enacted.\nPrevious section 72(1)(f) continues to apply for leave for the prisoner to participate in the resettlement leave program.\ns 483 ins 2009 No. 30 s 39\n(sec.483-ssec.1) This section applies if, before the commencement— a resettlement leave program for a prisoner was approved under previous section 76(1) or 77(1); and the resettlement leave program had not ended.\n(sec.483-ssec.2) This Act continues to apply for the resettlement leave program and the prisoner’s resettlement leave as if the amending Act had not been enacted. Previous section 72(1)(f) continues to apply for leave for the prisoner to participate in the resettlement leave program.\n- (a) a resettlement leave program for a prisoner was approved under previous section 76(1) or 77(1); and\n- (b) the resettlement leave program had not ended.","sortOrder":840},{"sectionNumber":"sec.484","sectionType":"section","heading":"Existing applications for approval of resettlement leave programs","content":"### sec.484 Existing applications for approval of resettlement leave programs\n\nThis section applies if, before the commencement—\na prisoner applied for approval of a resettlement leave program under previous section 75(1); and\nthe application had not been decided.\nThis Act continues to apply as if the amending Act had not been enacted for—\ndeciding the application; and\nif the approval is granted—any resettlement leave program and the prisoner’s resettlement leave under the program.\ns 484 ins 2009 No. 30 s 39\n(sec.484-ssec.1) This section applies if, before the commencement— a prisoner applied for approval of a resettlement leave program under previous section 75(1); and the application had not been decided.\n(sec.484-ssec.2) This Act continues to apply as if the amending Act had not been enacted for— deciding the application; and if the approval is granted—any resettlement leave program and the prisoner’s resettlement leave under the program.\n- (a) a prisoner applied for approval of a resettlement leave program under previous section 75(1); and\n- (b) the application had not been decided.\n- (a) deciding the application; and\n- (b) if the approval is granted—any resettlement leave program and the prisoner’s resettlement leave under the program.","sortOrder":841},{"sectionNumber":"sec.485","sectionType":"section","heading":"Previous expectations of prisoner about reintegration leave or resettlement leave","content":"### sec.485 Previous expectations of prisoner about reintegration leave or resettlement leave\n\nThis section applies if, before the commencement, a prescribed prisoner had an expectation to be granted—\nreintegration leave under previous section 72(1)(e); or\nresettlement leave under previous section 72(1)(f).\nSubject to subsection (3), the expectation is extinguished.\nA proceeding started before the commencement, and pending at the commencement, may be continued as if the amending Act had not been enacted.\nIf the outcome of the proceeding is that the prescribed prisoner is to be granted leave mentioned in subsection (1), this Act applies for the leave as if the amending Act had not been enacted.\nIn this section—\nprescribed prisoner means a prisoner other than a prisoner to whom any of the following applies—\nan order mentioned in section 481 or 482;\na resettlement leave program mentioned in section 483;\nsection 484.\nproceeding means a proceeding—\nunder the Judicial Review Act 1991 in relation to a decision made under this Act; or\nfor an offence against a provision of this Act.\ns 485 ins 2009 No. 30 s 39\n(sec.485-ssec.1) This section applies if, before the commencement, a prescribed prisoner had an expectation to be granted— reintegration leave under previous section 72(1)(e); or resettlement leave under previous section 72(1)(f).\n(sec.485-ssec.2) Subject to subsection (3), the expectation is extinguished.\n(sec.485-ssec.3) A proceeding started before the commencement, and pending at the commencement, may be continued as if the amending Act had not been enacted.\n(sec.485-ssec.4) If the outcome of the proceeding is that the prescribed prisoner is to be granted leave mentioned in subsection (1), this Act applies for the leave as if the amending Act had not been enacted.\n(sec.485-ssec.5) In this section— prescribed prisoner means a prisoner other than a prisoner to whom any of the following applies— an order mentioned in section 481 or 482; a resettlement leave program mentioned in section 483; section 484. proceeding means a proceeding— under the Judicial Review Act 1991 in relation to a decision made under this Act; or for an offence against a provision of this Act.\n- (a) reintegration leave under previous section 72(1)(e); or\n- (b) resettlement leave under previous section 72(1)(f).\n- (a) an order mentioned in section 481 or 482;\n- (b) a resettlement leave program mentioned in section 483;\n- (c) section 484.\n- (a) under the Judicial Review Act 1991 in relation to a decision made under this Act; or\n- (b) for an offence against a provision of this Act.","sortOrder":842},{"sectionNumber":"sec.486","sectionType":"section","heading":"Application of ss 185A and 199(5)","content":"### sec.486 Application of ss 185A and 199(5)\n\nDespite sections 185A and 199(5), a proceeding started before the commencement, and pending at the commencement, in relation to the issue of a court ordered parole order under section 199(1) for a prescribed prisoner may be continued as if the amending Act had not been enacted.\nIf the outcome of the proceeding is that the court ordered parole order must be issued for the prescribed prisoner, this Act applies for the prescribed prisoner’s court ordered parole as if the amending Act had not been enacted.\nIn this section—\nprescribed prisoner means a prisoner to whom section 185A applies.\nproceeding means a proceeding under the Judicial Review Act 1991 .\ns 486 ins 2009 No. 30 s 39\n(sec.486-ssec.1) Despite sections 185A and 199(5), a proceeding started before the commencement, and pending at the commencement, in relation to the issue of a court ordered parole order under section 199(1) for a prescribed prisoner may be continued as if the amending Act had not been enacted.\n(sec.486-ssec.2) If the outcome of the proceeding is that the court ordered parole order must be issued for the prescribed prisoner, this Act applies for the prescribed prisoner’s court ordered parole as if the amending Act had not been enacted.\n(sec.486-ssec.3) In this section— prescribed prisoner means a prisoner to whom section 185A applies. proceeding means a proceeding under the Judicial Review Act 1991 .","sortOrder":843},{"sectionNumber":"sec.487","sectionType":"section","heading":"Application of previous s 193(5)","content":"### sec.487 Application of previous s 193(5)\n\nSubject to subsections (3) and (4), previous section 193(5) does not apply, and is taken never to have applied, to a prisoner’s application for a parole order made on or after 1 July 2001.\nSubject to subsections (3) and (4) if, before the commencement, a prisoner had any entitlement or expectation in relation to a parole board’s failure to make a decision in accordance with previous section 193(5), the entitlement or expectation is extinguished.\nSubsections (1) and (2) do not affect a decision of a court made before the commencement in relation to the validity of a parole board’s decision on a prisoner’s application for a parole order.\nAlso, subsections (1) and (2) do not affect a decision of the Queensland board under section 198, made before the commencement, in relation to a decision a regional board was taken to have made under previous section 193(5).\ns 487 ins 2009 No. 30 s 39\n(sec.487-ssec.1) Subject to subsections (3) and (4), previous section 193(5) does not apply, and is taken never to have applied, to a prisoner’s application for a parole order made on or after 1 July 2001.\n(sec.487-ssec.2) Subject to subsections (3) and (4) if, before the commencement, a prisoner had any entitlement or expectation in relation to a parole board’s failure to make a decision in accordance with previous section 193(5), the entitlement or expectation is extinguished.\n(sec.487-ssec.3) Subsections (1) and (2) do not affect a decision of a court made before the commencement in relation to the validity of a parole board’s decision on a prisoner’s application for a parole order.\n(sec.487-ssec.4) Also, subsections (1) and (2) do not affect a decision of the Queensland board under section 198, made before the commencement, in relation to a decision a regional board was taken to have made under previous section 193(5).","sortOrder":844},{"sectionNumber":"sec.488","sectionType":"section","heading":"Declarations for s 209","content":"### sec.488 Declarations for s 209\n\nOn and from 28 August 2006, a prisoner’s parole order is taken not to have been automatically cancelled under a previous automatic cancellation provision if—\nthe prisoner was sentenced to another term or period of imprisonment as mentioned in the provision; and\nthe term or period was limited to a term or period of imprisonment until the court rises.\nSubsection (3) applies if, before the commencement, a prisoner subject to a parole order was sentenced to a term or period of imprisonment ordered by a court to be served until the court rises.\nTo remove any doubt, it is declared that anything done or purportedly done, or any omission made or purportedly made, under this Act or the repealed Corrective Services Act 2000 in reliance on the automatic cancellation of the parole order, before the commencement, under a previous automatic cancellation provision is and always was valid.\nSubsection (3) does not affect a decision of a court made before the commencement in relation to, or based on, a previous automatic cancellation provision.\nIn this section—\nprevious automatic cancellation provision means—\nprevious section 209; or\nthe repealed Corrective Services Act 2000 , section 151.\ns 488 ins 2009 No. 30 s 39\n(sec.488-ssec.1) On and from 28 August 2006, a prisoner’s parole order is taken not to have been automatically cancelled under a previous automatic cancellation provision if— the prisoner was sentenced to another term or period of imprisonment as mentioned in the provision; and the term or period was limited to a term or period of imprisonment until the court rises.\n(sec.488-ssec.2) Subsection (3) applies if, before the commencement, a prisoner subject to a parole order was sentenced to a term or period of imprisonment ordered by a court to be served until the court rises.\n(sec.488-ssec.3) To remove any doubt, it is declared that anything done or purportedly done, or any omission made or purportedly made, under this Act or the repealed Corrective Services Act 2000 in reliance on the automatic cancellation of the parole order, before the commencement, under a previous automatic cancellation provision is and always was valid.\n(sec.488-ssec.4) Subsection (3) does not affect a decision of a court made before the commencement in relation to, or based on, a previous automatic cancellation provision.\n(sec.488-ssec.5) In this section— previous automatic cancellation provision means— previous section 209; or the repealed Corrective Services Act 2000 , section 151.\n- (a) the prisoner was sentenced to another term or period of imprisonment as mentioned in the provision; and\n- (b) the term or period was limited to a term or period of imprisonment until the court rises.\n- (a) previous section 209; or\n- (b) the repealed Corrective Services Act 2000 , section 151.","sortOrder":845},{"sectionNumber":"sec.489","sectionType":"section","heading":"Application of s 245","content":"### sec.489 Application of s 245\n\nFor applying section 245 after the commencement, a reference in the section to—\nan approval of a resettlement leave program; or\nan approved resettlement leave program;\nis taken to be a reference to an approval of a resettlement leave program, or to an approved resettlement leave program, under this Act as in force before the commencement.\ns 489 ins 2009 No. 30 s 39\n- (a) an approval of a resettlement leave program; or\n- (b) an approved resettlement leave program;","sortOrder":846},{"sectionNumber":"sec.490","sectionType":"section","heading":"Declarations for ss 311 and 311A","content":"### sec.490 Declarations for ss 311 and 311A\n\nThis section applies to anything done or any omission made by the chief executive in relation to a prisoner’s money on or after 20 June 2008 but before the commencement (the previous dealing ).\nIt is declared that the previous dealing is as valid, and is taken always to have been as valid, as it would be if it were done or made under section 311 or 311A after the commencement.\ns 490 ins 2009 No. 30 s 39\n(sec.490-ssec.1) This section applies to anything done or any omission made by the chief executive in relation to a prisoner’s money on or after 20 June 2008 but before the commencement (the previous dealing ).\n(sec.490-ssec.2) It is declared that the previous dealing is as valid, and is taken always to have been as valid, as it would be if it were done or made under section 311 or 311A after the commencement.","sortOrder":847},{"sectionNumber":"ch.7A-pt.5","sectionType":"part","heading":"Transitional provision for Criminal Law Amendment Act 2012","content":"# Transitional provision for Criminal Law Amendment Act 2012","sortOrder":848},{"sectionNumber":"sec.490A","sectionType":"section","heading":"Application of amendment Act","content":"### sec.490A Application of amendment Act\n\nFor section 181(2)(a) as inserted by the amendment Act, a prisoner’s parole eligibility day continues to be the day after the day on which the prisoner has served 20 years or the longer time ordered under the Criminal Code , section 305 (2) if—\nthe Criminal Code , section 305 (2) as amended by the amendment Act did not apply on sentence; but\nthat section as it existed before the commencement applied on sentence.\nSection 181(2)(c) as inserted by the amendment Act only applies to a prisoner who is serving a term of imprisonment for life for an offence of murder committed after the commencement.\nIn this section—\namendment Act means the Criminal Law Amendment Act 2012 .\ncommencement means the commencement of the amendment Act, section 7.\ns 490A ins 2012 No. 19 s 8\n(sec.490A-ssec.1) For section 181(2)(a) as inserted by the amendment Act, a prisoner’s parole eligibility day continues to be the day after the day on which the prisoner has served 20 years or the longer time ordered under the Criminal Code , section 305 (2) if— the Criminal Code , section 305 (2) as amended by the amendment Act did not apply on sentence; but that section as it existed before the commencement applied on sentence.\n(sec.490A-ssec.2) Section 181(2)(c) as inserted by the amendment Act only applies to a prisoner who is serving a term of imprisonment for life for an offence of murder committed after the commencement.\n(sec.490A-ssec.3) In this section— amendment Act means the Criminal Law Amendment Act 2012 . commencement means the commencement of the amendment Act, section 7.\n- (a) the Criminal Code , section 305 (2) as amended by the amendment Act did not apply on sentence; but\n- (b) that section as it existed before the commencement applied on sentence.","sortOrder":849},{"sectionNumber":"ch.7A-pt.6","sectionType":"part","heading":"Transitional provision for Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation Amendment Act 2013","content":"# Transitional provision for Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation Amendment Act 2013","sortOrder":850},{"sectionNumber":"sec.490B","sectionType":"section","heading":"Application of amendment Act","content":"### sec.490B Application of amendment Act\n\nSection 13(1A) as inserted by the amendment Act applies to a prisoner with a high security classification—\nwho is being detained on remand for an offence; and\nis not serving a term of imprisonment for another offence; and\nregardless of whether the prisoner was admitted for detention before the commencement.\nIn this section—\namendment Act means the Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation Amendment Act 2013 .\ncommencement means the commencement of this part.\ns 490B ins 2013 No. 15 s 84\n(sec.490B-ssec.1) Section 13(1A) as inserted by the amendment Act applies to a prisoner with a high security classification— who is being detained on remand for an offence; and is not serving a term of imprisonment for another offence; and regardless of whether the prisoner was admitted for detention before the commencement.\n(sec.490B-ssec.2) In this section— amendment Act means the Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation Amendment Act 2013 . commencement means the commencement of this part.\n- (a) who is being detained on remand for an offence; and\n- (b) is not serving a term of imprisonment for another offence; and\n- (c) regardless of whether the prisoner was admitted for detention before the commencement.","sortOrder":851},{"sectionNumber":"ch.7A-pt.7","sectionType":"part","heading":"Transitional provision for Criminal Law and Other Legislation Amendment Act 2013","content":"# Transitional provision for Criminal Law and Other Legislation Amendment Act 2013","sortOrder":852},{"sectionNumber":"sec.490C","sectionType":"section","heading":"Application of amendment Act","content":"### sec.490C Application of amendment Act\n\nSection 182A applies only to a prisoner who is serving a term of imprisonment for a drug trafficking offence committed after the commencement of that section.\ns 490C ins 2013 No. 31 s 11","sortOrder":853},{"sectionNumber":"ch.7A-pt.8","sectionType":"part","heading":"Transitional provision for Safe Night Out Legislation Amendment Act 2014","content":"# Transitional provision for Safe Night Out Legislation Amendment Act 2014","sortOrder":854},{"sectionNumber":"sec.490D","sectionType":"section","heading":"Application of s 182A","content":"### sec.490D Application of s 182A\n\nSection 182A applies to a prisoner who is serving a term of imprisonment for a drug trafficking offence only if the act or omission constituting the offence occurred wholly on or after 13 August 2013.\ns 490D ins 2014 No. 42 s 11","sortOrder":855},{"sectionNumber":"ch.7A-pt.9","sectionType":"part","heading":"Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016","content":"# Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016","sortOrder":856},{"sectionNumber":"sec.490E","sectionType":"section","heading":"Definition for part","content":"### sec.490E Definition for part\n\nIn this part—\npre-amended Act means this Act as in force before the commencement.\ns 490E ins 2016 No. 62 s 28","sortOrder":857},{"sectionNumber":"sec.490F","sectionType":"section","heading":"Prisoner classifications","content":"### sec.490F Prisoner classifications\n\nThis section applies in relation to a prisoner who, immediately before the commencement, was subject to a criminal organisation segregation order under the pre-amended Act.\nOn the commencement, the prisoner’s security classification under the pre-amended Act, section 12(1B), is the prisoner’s security classification under section 12(1).\nThe chief executive must, as soon as practicable after the commencement, review the prisoner’s security classification under section 13.\ns 490F ins 2016 No. 62 s 28\n(sec.490F-ssec.1) This section applies in relation to a prisoner who, immediately before the commencement, was subject to a criminal organisation segregation order under the pre-amended Act.\n(sec.490F-ssec.2) On the commencement, the prisoner’s security classification under the pre-amended Act, section 12(1B), is the prisoner’s security classification under section 12(1).\n(sec.490F-ssec.3) The chief executive must, as soon as practicable after the commencement, review the prisoner’s security classification under section 13.","sortOrder":858},{"sectionNumber":"sec.490G","sectionType":"section","heading":"Keeping records","content":"### sec.490G Keeping records\n\nThe chief executive must continue to keep the record of relevant information about a prisoner.\nIn this section—\nrecord of relevant information , about a prisoner, means the record under the pre-amended Act, section 65D, and copies of any advices mentioned in the pre-amended Act, section 65D(3), kept in relation to the prisoner immediately before the commencement.\ns 490G ins 2016 No. 62 s 28\n(sec.490G-ssec.1) The chief executive must continue to keep the record of relevant information about a prisoner.\n(sec.490G-ssec.2) In this section— record of relevant information , about a prisoner, means the record under the pre-amended Act, section 65D, and copies of any advices mentioned in the pre-amended Act, section 65D(3), kept in relation to the prisoner immediately before the commencement.","sortOrder":859},{"sectionNumber":"sec.490H","sectionType":"section","heading":"Criminal organisation segregation orders","content":"### sec.490H Criminal organisation segregation orders\n\nOn the commencement, a criminal organisation segregation order in effect under the pre-amended Act immediately before the commencement is cancelled.\nA doctor or nurse must, as soon as practicable after the commencement, examine the prisoner who was subject to the order.\nThe chief executive must record, for each corrective services facility, the following details for each prisoner who was subject to an order mentioned in subsection (1)—\nthe date on which it was cancelled;\nthe date on which the prisoner was examined under subsection (2).\nThe chief executive must record the information mentioned in subsection (3) in the record kept under section 490G.\ns 490H ins 2016 No. 62 s 28\n(sec.490H-ssec.1) On the commencement, a criminal organisation segregation order in effect under the pre-amended Act immediately before the commencement is cancelled.\n(sec.490H-ssec.2) A doctor or nurse must, as soon as practicable after the commencement, examine the prisoner who was subject to the order.\n(sec.490H-ssec.3) The chief executive must record, for each corrective services facility, the following details for each prisoner who was subject to an order mentioned in subsection (1)— the date on which it was cancelled; the date on which the prisoner was examined under subsection (2).\n(sec.490H-ssec.4) The chief executive must record the information mentioned in subsection (3) in the record kept under section 490G.\n- (a) the date on which it was cancelled;\n- (b) the date on which the prisoner was examined under subsection (2).","sortOrder":860},{"sectionNumber":"sec.490I","sectionType":"section","heading":"Requirement for test sample before commencement","content":"### sec.490I Requirement for test sample before commencement\n\nOn the commencement, any requirement made of a person under the pre-amended Act, section 41(1)(c), ends.\ns 490I ins 2016 No. 62 s 28","sortOrder":861},{"sectionNumber":"sec.490J","sectionType":"section","heading":"Directions to identified participant","content":"### sec.490J Directions to identified participant\n\nOn the commencement, a direction given under the pre-amended Act, section 267A(3)(a) or (c), and in place immediately before the commencement ends.\nThe chief executive must tell the offender subject to the direction that the direction is no longer in place.\ns 490J ins 2016 No. 62 s 28\n(sec.490J-ssec.1) On the commencement, a direction given under the pre-amended Act, section 267A(3)(a) or (c), and in place immediately before the commencement ends.\n(sec.490J-ssec.2) The chief executive must tell the offender subject to the direction that the direction is no longer in place.","sortOrder":862},{"sectionNumber":"sec.490K","sectionType":"section","heading":"Monitoring devices","content":"### sec.490K Monitoring devices\n\nIf immediately before the commencement an offender was subject to a direction under the pre-amended Act, section 267A(3)(b), the direction continues in force according to its terms.\nThe chief executive must review the direction as soon as practicable after the commencement.\nIf the chief executive does not consider it reasonably necessary for the offender to wear a device for monitoring the offender’s location, the chief executive must—\ncancel the direction; and\ntell the offender that the direction given to the offender is no longer in place.\ns 490K ins 2016 No. 62 s 28\n(sec.490K-ssec.1) If immediately before the commencement an offender was subject to a direction under the pre-amended Act, section 267A(3)(b), the direction continues in force according to its terms.\n(sec.490K-ssec.2) The chief executive must review the direction as soon as practicable after the commencement.\n(sec.490K-ssec.3) If the chief executive does not consider it reasonably necessary for the offender to wear a device for monitoring the offender’s location, the chief executive must— cancel the direction; and tell the offender that the direction given to the offender is no longer in place.\n- (a) cancel the direction; and\n- (b) tell the offender that the direction given to the offender is no longer in place.","sortOrder":863},{"sectionNumber":"ch.7A-pt.10","sectionType":"part","heading":"Transitional provision for Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Act 2016","content":"# Transitional provision for Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Act 2016","sortOrder":864},{"sectionNumber":"sec.490L","sectionType":"section","heading":"Continued application of repealed s 18(2)","content":"### sec.490L Continued application of repealed s 18(2)\n\nRepealed section 18(2) continues to apply to a person under 18 years who—\nis a prisoner in a corrective services facility on the commencement; or\nbecomes a prisoner in a corrective services facility after the commencement in relation to a proceeding for an offence—\ndecided before the commencement; or\nstarted, but not finally dealt with, before the commencement.\nIn this section—\nrepealed section 18(2) means section 18(2) as in force immediately before the commencement.\ns 490L ins 2016 No. 58 s 9\n(sec.490L-ssec.1) Repealed section 18(2) continues to apply to a person under 18 years who— is a prisoner in a corrective services facility on the commencement; or becomes a prisoner in a corrective services facility after the commencement in relation to a proceeding for an offence— decided before the commencement; or started, but not finally dealt with, before the commencement.\n(sec.490L-ssec.2) In this section— repealed section 18(2) means section 18(2) as in force immediately before the commencement.\n- (a) is a prisoner in a corrective services facility on the commencement; or\n- (b) becomes a prisoner in a corrective services facility after the commencement in relation to a proceeding for an offence— (i) decided before the commencement; or (ii) started, but not finally dealt with, before the commencement.\n- (i) decided before the commencement; or\n- (ii) started, but not finally dealt with, before the commencement.\n- (i) decided before the commencement; or\n- (ii) started, but not finally dealt with, before the commencement.","sortOrder":865},{"sectionNumber":"ch.7A-pt.11","sectionType":"part","heading":"Transitional provisions for Corrective Services (Parole Board) and Other Legislation Amendment Act 2017","content":"# Transitional provisions for Corrective Services (Parole Board) and Other Legislation Amendment Act 2017","sortOrder":866},{"sectionNumber":"sec.490M","sectionType":"section","heading":"Definitions for part","content":"### sec.490M Definitions for part\n\nIn this part—\namended Act means this Act as in force after the commencement.\namendment Act means the Corrective Services (Parole Board) and Other Legislation Amendment Act 2017 .\nformer , in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the amendment Act.\nformer board means—\nthe Queensland Parole Board; or\na regional board.\nQueensland Parole Board means the Queensland Parole Board established under former section 216.\nregional board means a regional board established under former section 230.\ns 490M ins 2017 No. 15 s 14\n- (a) the Queensland Parole Board; or\n- (b) a regional board.","sortOrder":867},{"sectionNumber":"sec.490N","sectionType":"section","heading":"Dissolution of Queensland Parole Board and regional boards","content":"### sec.490N Dissolution of Queensland Parole Board and regional boards\n\nOn the commencement—\nthe Queensland Parole Board is dissolved; and\neach regional board is dissolved; and\nthe members of the boards mentioned in paragraphs (a) and (b) go out of office.\nNo compensation is payable to a member because of subsection (1).\ns 490N ins 2017 No. 15 s 14\n(sec.490N-ssec.1) On the commencement— the Queensland Parole Board is dissolved; and each regional board is dissolved; and the members of the boards mentioned in paragraphs (a) and (b) go out of office.\n(sec.490N-ssec.2) No compensation is payable to a member because of subsection (1).\n- (a) the Queensland Parole Board is dissolved; and\n- (b) each regional board is dissolved; and\n- (c) the members of the boards mentioned in paragraphs (a) and (b) go out of office.","sortOrder":868},{"sectionNumber":"sec.490O","sectionType":"section","heading":"Secretary of former board","content":"### sec.490O Secretary of former board\n\nOn the commencement, a person who, immediately before the commencement, held appointment as the secretary of a former board goes out of office.\nNo compensation is payable to a person because of subsection (1).\ns 490O ins 2017 No. 15 s 14\n(sec.490O-ssec.1) On the commencement, a person who, immediately before the commencement, held appointment as the secretary of a former board goes out of office.\n(sec.490O-ssec.2) No compensation is payable to a person because of subsection (1).","sortOrder":869},{"sectionNumber":"sec.490P","sectionType":"section","heading":"Existing instruments and decisions made by a former board","content":"### sec.490P Existing instruments and decisions made by a former board\n\nThis section applies to the following instruments made by a former board and in force immediately before the commencement—\nan order under former section 96A(1);\na notice to a prisoner under section 96B;\na warrant issued under former section 112(2), 206 or 210;\na parole order, including an exceptional circumstances parole order;\na notice given to the chief executive under former section 188(1);\nreasons for a refusal given to a prisoner under former section 193(5)(a);\nan order under former section 205 to amend, suspend or cancel a parole order;\nan information notice given to a prisoner under former section 205(3) or 208(1);\na notice given to a prisoner under former section 208(2);\nan order under former section 211(3);\nan order under former section 212(3) or 213(1) granting leave to a prisoner.\nThis section also applies to the following decisions made by a former board and in force immediately before the commencement—\na decision to consent to a prisoner applying for a parole order, mentioned in former section 180(2)(a)(ii);\na decision under former section 190 to grant leave to a prisoner or prisoner’s agent to appear before a former board;\na decision under former section 193(1) to grant or refuse an application for a parole order;\na decision under former section 193(5)(b) about a period of time within which a further application for a parole order must not be made;\na decision under former section 198 to confirm or set aside the decision of a regional board;\na decision under former section 203(3) to cancel an order given by the chief executive and to require the chief executive to withdraw a warrant.\nFrom the commencement, the instrument or decision has effect as if it had been made by the parole board.\nTo remove any doubt, it is declared that the instrument or decision is taken to have been made by the parole board on the day it was made by the former board.\nA decision under former section 190 to grant leave to a prisoner or prisoner’s agent to appear before a former board is taken to be a decision to grant leave to the prisoner or prisoner’s agent to appear before the parole board.\ns 490P ins 2017 No. 15 s 14\n(sec.490P-ssec.1) This section applies to the following instruments made by a former board and in force immediately before the commencement— an order under former section 96A(1); a notice to a prisoner under section 96B; a warrant issued under former section 112(2), 206 or 210; a parole order, including an exceptional circumstances parole order; a notice given to the chief executive under former section 188(1); reasons for a refusal given to a prisoner under former section 193(5)(a); an order under former section 205 to amend, suspend or cancel a parole order; an information notice given to a prisoner under former section 205(3) or 208(1); a notice given to a prisoner under former section 208(2); an order under former section 211(3); an order under former section 212(3) or 213(1) granting leave to a prisoner.\n(sec.490P-ssec.2) This section also applies to the following decisions made by a former board and in force immediately before the commencement— a decision to consent to a prisoner applying for a parole order, mentioned in former section 180(2)(a)(ii); a decision under former section 190 to grant leave to a prisoner or prisoner’s agent to appear before a former board; a decision under former section 193(1) to grant or refuse an application for a parole order; a decision under former section 193(5)(b) about a period of time within which a further application for a parole order must not be made; a decision under former section 198 to confirm or set aside the decision of a regional board; a decision under former section 203(3) to cancel an order given by the chief executive and to require the chief executive to withdraw a warrant.\n(sec.490P-ssec.3) From the commencement, the instrument or decision has effect as if it had been made by the parole board.\n(sec.490P-ssec.4) To remove any doubt, it is declared that the instrument or decision is taken to have been made by the parole board on the day it was made by the former board.\n(sec.490P-ssec.5) A decision under former section 190 to grant leave to a prisoner or prisoner’s agent to appear before a former board is taken to be a decision to grant leave to the prisoner or prisoner’s agent to appear before the parole board.\n- (a) an order under former section 96A(1);\n- (b) a notice to a prisoner under section 96B;\n- (c) a warrant issued under former section 112(2), 206 or 210;\n- (d) a parole order, including an exceptional circumstances parole order;\n- (e) a notice given to the chief executive under former section 188(1);\n- (f) reasons for a refusal given to a prisoner under former section 193(5)(a);\n- (g) an order under former section 205 to amend, suspend or cancel a parole order;\n- (h) an information notice given to a prisoner under former section 205(3) or 208(1);\n- (i) a notice given to a prisoner under former section 208(2);\n- (j) an order under former section 211(3);\n- (k) an order under former section 212(3) or 213(1) granting leave to a prisoner.\n- (a) a decision to consent to a prisoner applying for a parole order, mentioned in former section 180(2)(a)(ii);\n- (b) a decision under former section 190 to grant leave to a prisoner or prisoner’s agent to appear before a former board;\n- (c) a decision under former section 193(1) to grant or refuse an application for a parole order;\n- (d) a decision under former section 193(5)(b) about a period of time within which a further application for a parole order must not be made;\n- (e) a decision under former section 198 to confirm or set aside the decision of a regional board;\n- (f) a decision under former section 203(3) to cancel an order given by the chief executive and to require the chief executive to withdraw a warrant.","sortOrder":870},{"sectionNumber":"sec.490Q","sectionType":"section","heading":"Existing applications made to a former board","content":"### sec.490Q Existing applications made to a former board\n\nThis section applies to the following applications made to a former board, but not decided, before the commencement—\nan application under former section 112(1)(b) for the issue of a warrant;\nan application under former section 176 for an exceptional circumstances parole order;\nan application under former section 180 for a parole order;\nan application under former section 190 for leave to appear before a former board.\nThe application—\nis taken to have been made to the parole board; and\nmust be dealt with and decided by the parole board under the amended Act.\nHowever, former section 193(3) continues to apply to an application for a parole order made under former section 176 or 180 as if the amendment Act had not commenced.\nIn deciding an application for a parole order made under former section 180, the parole board must consider any submissions relating to the application made to a former board under former section 188.\nAn application made under former section 190 for leave to appear before a former board is taken to be an application for leave to appear before the parole board.\ns 490Q ins 2017 No. 15 s 14\n(sec.490Q-ssec.1) This section applies to the following applications made to a former board, but not decided, before the commencement— an application under former section 112(1)(b) for the issue of a warrant; an application under former section 176 for an exceptional circumstances parole order; an application under former section 180 for a parole order; an application under former section 190 for leave to appear before a former board.\n(sec.490Q-ssec.2) The application— is taken to have been made to the parole board; and must be dealt with and decided by the parole board under the amended Act.\n(sec.490Q-ssec.3) However, former section 193(3) continues to apply to an application for a parole order made under former section 176 or 180 as if the amendment Act had not commenced.\n(sec.490Q-ssec.4) In deciding an application for a parole order made under former section 180, the parole board must consider any submissions relating to the application made to a former board under former section 188.\n(sec.490Q-ssec.5) An application made under former section 190 for leave to appear before a former board is taken to be an application for leave to appear before the parole board.\n- (a) an application under former section 112(1)(b) for the issue of a warrant;\n- (b) an application under former section 176 for an exceptional circumstances parole order;\n- (c) an application under former section 180 for a parole order;\n- (d) an application under former section 190 for leave to appear before a former board.\n- (a) is taken to have been made to the parole board; and\n- (b) must be dealt with and decided by the parole board under the amended Act.","sortOrder":871},{"sectionNumber":"sec.490R","sectionType":"section","heading":"Review of a regional board’s decision","content":"### sec.490R Review of a regional board’s decision\n\nSubsection (2) applies to an application made under former section 196, but not decided, before the commencement.\nThe parole board must—\nconfirm the decision the subject of the application; or\nset aside the decision and make any decision the parole board may make on an application for a parole order.\nSubsection (4) applies if—\nimmediately before the commencement, a prisoner could have applied to the Queensland Parole Board under former section 196 for a review of a regional board’s decision; and\nthe prisoner has not made the application before the commencement.\nThe prisoner may apply to the parole board for a review of the regional board’s decision.\nIf the prisoner makes an application under subsection (4), the parole board must comply with subsection (2).\ns 490R ins 2017 No. 15 s 14\n(sec.490R-ssec.1) Subsection (2) applies to an application made under former section 196, but not decided, before the commencement.\n(sec.490R-ssec.2) The parole board must— confirm the decision the subject of the application; or set aside the decision and make any decision the parole board may make on an application for a parole order.\n(sec.490R-ssec.3) Subsection (4) applies if— immediately before the commencement, a prisoner could have applied to the Queensland Parole Board under former section 196 for a review of a regional board’s decision; and the prisoner has not made the application before the commencement.\n(sec.490R-ssec.4) The prisoner may apply to the parole board for a review of the regional board’s decision.\n(sec.490R-ssec.5) If the prisoner makes an application under subsection (4), the parole board must comply with subsection (2).\n- (a) confirm the decision the subject of the application; or\n- (b) set aside the decision and make any decision the parole board may make on an application for a parole order.\n- (a) immediately before the commencement, a prisoner could have applied to the Queensland Parole Board under former section 196 for a review of a regional board’s decision; and\n- (b) the prisoner has not made the application before the commencement.","sortOrder":872},{"sectionNumber":"sec.490S","sectionType":"section","heading":"Particular orders made by chief executive","content":"### sec.490S Particular orders made by chief executive\n\nSubsection (2) applies to a written order made by the chief executive under former section 201 that is in force immediately before the commencement.\nThe order continues in effect.\nSubsection (4) applies to a warrant issued by the chief executive under former section 202 that is in force immediately before the commencement.\nThe warrant continues in effect.\nFormer section 203(3) continues to apply in relation to an order mentioned in subsection (1), and a warrant mentioned in subsection (3)—\nas if the amendment Act had not commenced; and\nas if a reference in former section 203(3) to the parole board were a reference to the Parole Board Queensland.\ns 490S ins 2017 No. 15 s 14\n(sec.490S-ssec.1) Subsection (2) applies to a written order made by the chief executive under former section 201 that is in force immediately before the commencement.\n(sec.490S-ssec.2) The order continues in effect.\n(sec.490S-ssec.3) Subsection (4) applies to a warrant issued by the chief executive under former section 202 that is in force immediately before the commencement.\n(sec.490S-ssec.4) The warrant continues in effect.\n(sec.490S-ssec.5) Former section 203(3) continues to apply in relation to an order mentioned in subsection (1), and a warrant mentioned in subsection (3)— as if the amendment Act had not commenced; and as if a reference in former section 203(3) to the parole board were a reference to the Parole Board Queensland.\n- (a) as if the amendment Act had not commenced; and\n- (b) as if a reference in former section 203(3) to the parole board were a reference to the Parole Board Queensland.","sortOrder":873},{"sectionNumber":"sec.490SA","sectionType":"section","heading":"Steps before appointing particular board members","content":"### sec.490SA Steps before appointing particular board members\n\nA reference in section 223(2)(c)(i) to the Minister consulting with the president includes a reference to the Minister consulting, before the commencement, with the person whose appointment as the first president takes effect on or after the commencement.\ns 490SA ins 2017 No. 15 s 14","sortOrder":874},{"sectionNumber":"sec.490T","sectionType":"section","heading":null,"content":"### Section sec.490T\n\ns 490T ins 2017 No. 15 s 14\nexp 3 July 2018 (see s 490T(4))","sortOrder":875},{"sectionNumber":"ch.7A-pt.12","sectionType":"part","heading":"Transitional provisions for Corrective Services (No Body, No Parole) Amendment Act 2017","content":"# Transitional provisions for Corrective Services (No Body, No Parole) Amendment Act 2017","sortOrder":876},{"sectionNumber":"sec.490U","sectionType":"section","heading":"Application of s 193A","content":"### sec.490U Application of s 193A\n\nSection 193A applies to a prisoner’s application for a parole order whether the prisoner was convicted of, or sentenced for, the offence before or after the commencement.\ns 490U ins 2017 No. 23 s 5","sortOrder":877},{"sectionNumber":"sec.490V","sectionType":"section","heading":"Existing applications for parole order or applications under s 490R","content":"### sec.490V Existing applications for parole order or applications under s 490R\n\nSection 193A applies to the following applications made to the parole board, but not decided, before the commencement—\nan application under section 176 for an exceptional circumstances parole order;\nan application under section 180 for a parole order.\nIf the parole board is required to ask the commissioner for a report under section 193A in relation to an application mentioned in subsection (1), the parole board may extend the period under section 193(3) within which the application must be decided by not more than 50 days.\nSection 193A also applies to the following applications—\nan application mentioned in section 490R(1) that has not been decided before the commencement;\nan application under section 490R(4)—\nmade to the parole board, but not decided, before the commencement; or\nmade to the parole board on or after the commencement.\ns 490V ins 2017 No. 23 s 5\n(sec.490V-ssec.1) Section 193A applies to the following applications made to the parole board, but not decided, before the commencement— an application under section 176 for an exceptional circumstances parole order; an application under section 180 for a parole order.\n(sec.490V-ssec.2) If the parole board is required to ask the commissioner for a report under section 193A in relation to an application mentioned in subsection (1), the parole board may extend the period under section 193(3) within which the application must be decided by not more than 50 days.\n(sec.490V-ssec.3) Section 193A also applies to the following applications— an application mentioned in section 490R(1) that has not been decided before the commencement; an application under section 490R(4)— made to the parole board, but not decided, before the commencement; or made to the parole board on or after the commencement.\n- (a) an application under section 176 for an exceptional circumstances parole order;\n- (b) an application under section 180 for a parole order.\n- (a) an application mentioned in section 490R(1) that has not been decided before the commencement;\n- (b) an application under section 490R(4)— (i) made to the parole board, but not decided, before the commencement; or (ii) made to the parole board on or after the commencement.\n- (i) made to the parole board, but not decided, before the commencement; or\n- (ii) made to the parole board on or after the commencement.\n- (i) made to the parole board, but not decided, before the commencement; or\n- (ii) made to the parole board on or after the commencement.","sortOrder":878},{"sectionNumber":"ch.7A-pt.13","sectionType":"part","heading":"Transitional provisions for Justice Legislation (Links to Terrorist Activity) Amendment Act 2019","content":"# Transitional provisions for Justice Legislation (Links to Terrorist Activity) Amendment Act 2019","sortOrder":879},{"sectionNumber":"sec.490W","sectionType":"section","heading":"Definition for part","content":"### sec.490W Definition for part\n\nIn this part—\namending Act means the Justice Legislation (Links to Terrorist Activity) Amendment Act 2019 .\ns 490W ins 2019 No. 10 s 19","sortOrder":880},{"sectionNumber":"sec.490X","sectionType":"section","heading":"Existing applications for parole orders or applications under s 490R","content":"### sec.490X Existing applications for parole orders or applications under s 490R\n\nSections 193B to 193E, 234 and 247A and schedule 4, as amended or inserted by the amending Act, apply in relation to the following applications—\nan application under section 176, 180 or 490R(4) made to the parole board, but not decided, before the commencement;\nan application mentioned in section 490R(1) that has not been decided before the commencement.\ns 490X ins 2019 No. 10 s 19\n- (a) an application under section 176, 180 or 490R(4) made to the parole board, but not decided, before the commencement;\n- (b) an application mentioned in section 490R(1) that has not been decided before the commencement.","sortOrder":881},{"sectionNumber":"sec.490Y","sectionType":"section","heading":"Application of particular provisions to parole orders","content":"### sec.490Y Application of particular provisions to parole orders\n\nThe following provisions, as amended or inserted by the amending Act, apply in relation to a parole order whether made before or after the commencement—\nsection 193D;\nsection 193E;\nsection 205;\nsection 208A;\nsection 208B;\nsection 234;\nsection 247A;\nschedule 4.\ns 490Y ins 2019 No. 10 s 19\n- (a) section 193D;\n- (b) section 193E;\n- (c) section 205;\n- (d) section 208A;\n- (e) section 208B;\n- (f) section 234;\n- (g) section 247A;\n- (h) schedule 4.","sortOrder":882},{"sectionNumber":"ch.7A-pt.14","sectionType":"part","heading":"Transitional provisions for Corrective Services and Other Legislation Amendment Act 2020","content":"# Transitional provisions for Corrective Services and Other Legislation Amendment Act 2020","sortOrder":883},{"sectionNumber":"sec.490Z","sectionType":"section","heading":"Definition for part","content":"### sec.490Z Definition for part\n\nIn this part—\namending Act means the Corrective Services and Other Legislation Amendment Act 2020 .\ns 490Z ins 2020 No. 23 s 52","sortOrder":884},{"sectionNumber":"sec.490ZA","sectionType":"section","heading":"Extending period for submissions from eligible person","content":"### sec.490ZA Extending period for submissions from eligible person\n\nThis section applies if—\nthe chief executive gave each eligible person in relation to a prisoner written notice under section 188(2) of the prisoner’s application for a parole order; and\nthe decision on the application had not been made under section 193 before the commencement.\nSection 188, as amended by the amending Act, applies to the application.\ns 490ZA ins 2020 No. 23 s 52\n(sec.490ZA-ssec.1) This section applies if— the chief executive gave each eligible person in relation to a prisoner written notice under section 188(2) of the prisoner’s application for a parole order; and the decision on the application had not been made under section 193 before the commencement.\n(sec.490ZA-ssec.2) Section 188, as amended by the amending Act, applies to the application.\n- (a) the chief executive gave each eligible person in relation to a prisoner written notice under section 188(2) of the prisoner’s application for a parole order; and\n- (b) the decision on the application had not been made under section 193 before the commencement.","sortOrder":885},{"sectionNumber":"sec.490ZB","sectionType":"section","heading":"Deciding particular applications made before the commencement where victim’s body or remains have not been located","content":"### sec.490ZB Deciding particular applications made before the commencement where victim’s body or remains have not been located\n\nThis section applies if a prisoner made an application under section 193A for a parole order but the decision on the application had not been made before the commencement.\nSections 193A and 234, as amended by the amending Act, apply to the application.\ns 490ZB ins 2020 No. 23 s 52\n(sec.490ZB-ssec.1) This section applies if a prisoner made an application under section 193A for a parole order but the decision on the application had not been made before the commencement.\n(sec.490ZB-ssec.2) Sections 193A and 234, as amended by the amending Act, apply to the application.","sortOrder":886},{"sectionNumber":"sec.490ZC","sectionType":"section","heading":"Meetings about particular matters relating to parole orders","content":"### sec.490ZC Meetings about particular matters relating to parole orders\n\nThis section applies to a meeting of the parole board under section 234 to consider an application for a parole order made but not decided before the commencement.\nSection 234, as amended by the amending Act, applies to the meeting.\ns 490ZC (first mention) ins 2020 No. 23 s 52\n(sec.490ZC-ssec.1) This section applies to a meeting of the parole board under section 234 to consider an application for a parole order made but not decided before the commencement.\n(sec.490ZC-ssec.2) Section 234, as amended by the amending Act, applies to the meeting.","sortOrder":887},{"sectionNumber":"ch.7A-pt.15","sectionType":"part","heading":"Transitional provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2021","content":"# Transitional provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2021","sortOrder":888},{"sectionNumber":"sec.490ZC-oc.2","sectionType":"section","heading":"Definition for part","content":"### sec.490ZC-oc.2 Definition for part\n\nIn this part—\namending Act means the Police Powers and Responsibilities and Other Legislation Amendment Act 2021 .\ns 490ZC ins 2021 No. 24 s 22","sortOrder":889},{"sectionNumber":"sec.490ZD","sectionType":"section","heading":"Application of ch 5, pts 1AA and 1AB","content":"### sec.490ZD Application of ch 5, pts 1AA and 1AB\n\nChapter 5, parts 1AA and 1AB apply to a prisoner whether the prisoner was convicted of, or sentenced for, an offence before or after the commencement.\ns 490ZD ins 2021 No. 24 s 22","sortOrder":890},{"sectionNumber":"sec.490ZE","sectionType":"section","heading":"Existing applications for parole order","content":"### sec.490ZE Existing applications for parole order\n\nThis section applies to an application for a parole order under section 176 or 180 made, but not decided, before the commencement.\nFrom the commencement, the following sections and schedule 4, as amended or inserted by the amending Act, apply in relation to the application—\nchapter 5, parts 1AA and 1AB;\nsections 176A and 176B;\nsection 180;\nsections 193 to 193AA;\nsections 229A to 229C;\nsection 234;\nsection 324A.\ns 490ZE ins 2021 No. 24 s 22\n(sec.490ZE-ssec.1) This section applies to an application for a parole order under section 176 or 180 made, but not decided, before the commencement.\n(sec.490ZE-ssec.2) From the commencement, the following sections and schedule 4, as amended or inserted by the amending Act, apply in relation to the application— chapter 5, parts 1AA and 1AB; sections 176A and 176B; section 180; sections 193 to 193AA; sections 229A to 229C; section 234; section 324A.\n- (a) chapter 5, parts 1AA and 1AB;\n- (b) sections 176A and 176B;\n- (c) section 180;\n- (d) sections 193 to 193AA;\n- (e) sections 229A to 229C;\n- (f) section 234;\n- (g) section 324A.","sortOrder":891},{"sectionNumber":"ch.7A-pt.16","sectionType":"part","heading":"Transitional provisions for Corrective Services (Emerging Technologies and Security) and Other Legislation Amendment Act 2023","content":"# Transitional provisions for Corrective Services (Emerging Technologies and Security) and Other Legislation Amendment Act 2023","sortOrder":892},{"sectionNumber":"sec.490ZF","sectionType":"section","heading":"Changes to prisoner security classification","content":"### sec.490ZF Changes to prisoner security classification\n\nIf, immediately before the commencement, a prisoner’s security classification was maximum, from the commencement the prisoner’s security classification is high.\nIf, immediately before the commencement, a prisoner mentioned in subsection (1) was subject to a maximum security order, the maximum security order continues unaffected by the change under subsection (1).\nNothing in this section prevents the chief executive changing or reviewing the prisoner’s security classification or maximum security order under this Act.\ns 490ZF ins 2023 No. 14 s 34\n(sec.490ZF-ssec.1) If, immediately before the commencement, a prisoner’s security classification was maximum, from the commencement the prisoner’s security classification is high.\n(sec.490ZF-ssec.2) If, immediately before the commencement, a prisoner mentioned in subsection (1) was subject to a maximum security order, the maximum security order continues unaffected by the change under subsection (1).\n(sec.490ZF-ssec.3) Nothing in this section prevents the chief executive changing or reviewing the prisoner’s security classification or maximum security order under this Act.","sortOrder":893},{"sectionNumber":"sec.490ZG","sectionType":"section","heading":"Application of amended section 112","content":"### sec.490ZG Application of amended section 112\n\nSection 112, as amended by the Corrective Services (Emerging Technologies and Security) and Other Legislation Amendment Act 2023 —\napplies to a prisoner sentenced or detained before or after the commencement; but\ndoes not apply to a prisoner who was unlawfully absent before the commencement.\ns 490ZG ins 2023 No. 14 s 34\n- (a) applies to a prisoner sentenced or detained before or after the commencement; but\n- (b) does not apply to a prisoner who was unlawfully absent before the commencement.","sortOrder":894},{"sectionNumber":"sec.490ZH","sectionType":"section","heading":"Electronic surveillance of corrective services facilities","content":"### sec.490ZH Electronic surveillance of corrective services facilities\n\nThis section applies if, immediately before the commencement, a prescribed surveillance device was in use at a corrective services facility to monitor and record activity in and around the facility.\nFrom the commencement, the use of the prescribed surveillance device at the corrective services facility is taken to be authorised by the chief executive under section 173A.\nNothing in subsection (2) prevents the chief executive revoking the authorisation or imposing or changing requirements about the use, storage or destruction of recordings made by the prescribed surveillance device.\nIn this section—\nprescribed surveillance device means a surveillance device prescribed for section 173A.\ns 490ZH ins 2023 No. 14 s 35\n(sec.490ZH-ssec.1) This section applies if, immediately before the commencement, a prescribed surveillance device was in use at a corrective services facility to monitor and record activity in and around the facility.\n(sec.490ZH-ssec.2) From the commencement, the use of the prescribed surveillance device at the corrective services facility is taken to be authorised by the chief executive under section 173A.\n(sec.490ZH-ssec.3) Nothing in subsection (2) prevents the chief executive revoking the authorisation or imposing or changing requirements about the use, storage or destruction of recordings made by the prescribed surveillance device.\n(sec.490ZH-ssec.4) In this section— prescribed surveillance device means a surveillance device prescribed for section 173A.","sortOrder":895},{"sectionNumber":"ch.7A-pt.17","sectionType":"part","heading":"Validation provisions for Corrective Services (Promoting Safety) and Other Legislation Amendment Act 2024","content":"# Validation provisions for Corrective Services (Promoting Safety) and Other Legislation Amendment Act 2024","sortOrder":896},{"sectionNumber":"sec.490ZI","sectionType":"section","heading":"Validation of certain decisions","content":"### sec.490ZI Validation of certain decisions\n\nThis section applies to a decision of an entity made under this Act or a repealed Act before the commencement.\nThe decision is, and is taken to have always been, as valid as it would have been if, at the time the decision was made, new section 340AA had applied to the decision.\nAnything done as a result of the decision is, and is taken to have always been, as valid and lawful as it would have been if, at the time the decision was made, new section 340AA had applied to the decision.\nFor subsections (2) and (3), any non-compliance with new section 340AA(1A) or (1B) is to be disregarded.\nHowever, if a decision to which this section applies has, before the commencement, been found by a court to be invalid or has been set aside by court order—\nthe finding or order stands; but\nif the decision is remade after the commencement, new section 340AA applies to the decision as remade.\nIn this section—\nnew section 340AA means section 340AA as in force from the commencement.\ns 490ZI ins 2024 No. 25 s 34\n(sec.490ZI-ssec.1) This section applies to a decision of an entity made under this Act or a repealed Act before the commencement.\n(sec.490ZI-ssec.2) The decision is, and is taken to have always been, as valid as it would have been if, at the time the decision was made, new section 340AA had applied to the decision.\n(sec.490ZI-ssec.3) Anything done as a result of the decision is, and is taken to have always been, as valid and lawful as it would have been if, at the time the decision was made, new section 340AA had applied to the decision.\n(sec.490ZI-ssec.3A) For subsections (2) and (3), any non-compliance with new section 340AA(1A) or (1B) is to be disregarded.\n(sec.490ZI-ssec.4) However, if a decision to which this section applies has, before the commencement, been found by a court to be invalid or has been set aside by court order— the finding or order stands; but if the decision is remade after the commencement, new section 340AA applies to the decision as remade.\n(sec.490ZI-ssec.5) In this section— new section 340AA means section 340AA as in force from the commencement.\n- (a) the finding or order stands; but\n- (b) if the decision is remade after the commencement, new section 340AA applies to the decision as remade.","sortOrder":897},{"sectionNumber":"sec.490ZJ","sectionType":"section","heading":"Validation of certain decisions of parole board","content":"### sec.490ZJ Validation of certain decisions of parole board\n\nThis section applies to a conditional parole decision made by the parole board on or after 26 May 2017 and before the commencement.\nA decision made before the commencement by the parole board, or 1 or more members of the parole board, that the conditions referred to in a conditional parole decision have or have not been fulfilled is taken to be a parole decision of the parole board.\nA decision made after the commencement by the parole board (properly constituted for a parole decision) that the conditions referred to in a conditional parole decision have or have not been fulfilled is also taken to be a parole decision of the parole board.\nIf a decision under subsection (2) or (3) is that the conditions have been fulfilled, the parole decision is a decision to release the prisoner on parole.\nIf the decision under subsection (2) or (3) is that the conditions have not been fulfilled, the parole decision is a decision not to release the prisoner on parole.\nThe parole decision is, and is taken to have always been, as valid as it would have been if the decision had been made by the parole board as a parole decision without a conditional parole decision having been made.\nTo avoid any doubt, it is declared that, if subsection (6) applies, anything done or purported to have been done by an entity relying on the decision or the conditional parole decision is, and is taken to have always been, as valid as it would have been if the entity had relied on a valid decision of the parole board.\nThis section applies despite—\nany lack of power for the making of—\nthe conditional parole decision; or\nthe decision mentioned in subsection (2) or (3); and\nany defect in the constitution of the parole board, lack of quorum, or other procedural defect, for the making of the decision mentioned in subsection (2).\nIn this section—\nconditional parole decision means a decision, however expressed, that is—\na parole decision that will have effect if a condition is fulfilled; or\na decision to make a parole decision if a condition is fulfilled.\nparole decision means a decision to release or not to release a prisoner on parole by—\nmaking or refusing to make a parole order; or\nchanging or not changing a decision suspending a prisoner’s parole order.\ns 490ZJ ins 2024 No. 25 s 34\n(sec.490ZJ-ssec.1) This section applies to a conditional parole decision made by the parole board on or after 26 May 2017 and before the commencement.\n(sec.490ZJ-ssec.2) A decision made before the commencement by the parole board, or 1 or more members of the parole board, that the conditions referred to in a conditional parole decision have or have not been fulfilled is taken to be a parole decision of the parole board.\n(sec.490ZJ-ssec.3) A decision made after the commencement by the parole board (properly constituted for a parole decision) that the conditions referred to in a conditional parole decision have or have not been fulfilled is also taken to be a parole decision of the parole board.\n(sec.490ZJ-ssec.4) If a decision under subsection (2) or (3) is that the conditions have been fulfilled, the parole decision is a decision to release the prisoner on parole.\n(sec.490ZJ-ssec.5) If the decision under subsection (2) or (3) is that the conditions have not been fulfilled, the parole decision is a decision not to release the prisoner on parole.\n(sec.490ZJ-ssec.6) The parole decision is, and is taken to have always been, as valid as it would have been if the decision had been made by the parole board as a parole decision without a conditional parole decision having been made.\n(sec.490ZJ-ssec.7) To avoid any doubt, it is declared that, if subsection (6) applies, anything done or purported to have been done by an entity relying on the decision or the conditional parole decision is, and is taken to have always been, as valid as it would have been if the entity had relied on a valid decision of the parole board.\n(sec.490ZJ-ssec.8) This section applies despite— any lack of power for the making of— the conditional parole decision; or the decision mentioned in subsection (2) or (3); and any defect in the constitution of the parole board, lack of quorum, or other procedural defect, for the making of the decision mentioned in subsection (2).\n(sec.490ZJ-ssec.9) In this section— conditional parole decision means a decision, however expressed, that is— a parole decision that will have effect if a condition is fulfilled; or a decision to make a parole decision if a condition is fulfilled. parole decision means a decision to release or not to release a prisoner on parole by— making or refusing to make a parole order; or changing or not changing a decision suspending a prisoner’s parole order.\n- (a) any lack of power for the making of— (i) the conditional parole decision; or (ii) the decision mentioned in subsection (2) or (3); and\n- (i) the conditional parole decision; or\n- (ii) the decision mentioned in subsection (2) or (3); and\n- (b) any defect in the constitution of the parole board, lack of quorum, or other procedural defect, for the making of the decision mentioned in subsection (2).\n- (i) the conditional parole decision; or\n- (ii) the decision mentioned in subsection (2) or (3); and\n- (a) a parole decision that will have effect if a condition is fulfilled; or\n- (b) a decision to make a parole decision if a condition is fulfilled.\n- (a) making or refusing to make a parole order; or\n- (b) changing or not changing a decision suspending a prisoner’s parole order.","sortOrder":898},{"sectionNumber":"ch.7A-pt.18","sectionType":"part","heading":"Transitional and validation provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2024","content":"# Transitional and validation provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2024","sortOrder":899},{"sectionNumber":"sec.490ZJA","sectionType":"section","heading":"Existing applications for parole orders","content":"### sec.490ZJA Existing applications for parole orders\n\nThis section applies to an application for a parole order made under section 180, but not decided, before the commencement.\nSection 193, as amended by the Police Powers and Responsibilities and Other Legislation Amendment Act 2024 , applies in relation to the application.\ns 490ZJA ins 2024 No. 24 s 10\n(sec.490ZJA-ssec.1) This section applies to an application for a parole order made under section 180, but not decided, before the commencement.\n(sec.490ZJA-ssec.2) Section 193, as amended by the Police Powers and Responsibilities and Other Legislation Amendment Act 2024 , applies in relation to the application.","sortOrder":900},{"sectionNumber":"sec.490ZK","sectionType":"section","heading":"Validation of particular development","content":"### sec.490ZK Validation of particular development\n\nThis section applies to development carried out before the commencement if—\nthe development was carried out by or on behalf of the State on the following lots—\nlot 2 on SP257634;\nlot 57 on SP277218;\nlots 74 to 78 on Crown Plan E124236;\nlot 145 on Crown Plan LN2427; and\nthe development is for infrastructure mentioned in section 267A(1); and\nwhen the development was carried out—\nthe development was assessable development under a planning Act; and\nno development permit was in effect for the development.\nThe carrying out of the development without a development permit is, and is taken to have always been, valid and lawful.\nIn this section—\ndevelopment see the Planning Act 2016 , schedule 2 .\ndevelopment permit means a development permit under a planning Act.\nplanning Act means—\nthe Planning Act 2016 ; or\nthe repealed Sustainable Planning Act 2009 ; or\nthe repealed Integrated Planning Act 1997 .\ns 490ZK ins 2024 No. 24 s 10\n(sec.490ZK-ssec.1) This section applies to development carried out before the commencement if— the development was carried out by or on behalf of the State on the following lots— lot 2 on SP257634; lot 57 on SP277218; lots 74 to 78 on Crown Plan E124236; lot 145 on Crown Plan LN2427; and the development is for infrastructure mentioned in section 267A(1); and when the development was carried out— the development was assessable development under a planning Act; and no development permit was in effect for the development.\n(sec.490ZK-ssec.2) The carrying out of the development without a development permit is, and is taken to have always been, valid and lawful.\n(sec.490ZK-ssec.3) In this section— development see the Planning Act 2016 , schedule 2 . development permit means a development permit under a planning Act. planning Act means— the Planning Act 2016 ; or the repealed Sustainable Planning Act 2009 ; or the repealed Integrated Planning Act 1997 .\n- (a) the development was carried out by or on behalf of the State on the following lots— (i) lot 2 on SP257634; (ii) lot 57 on SP277218; (iii) lots 74 to 78 on Crown Plan E124236; (iv) lot 145 on Crown Plan LN2427; and\n- (i) lot 2 on SP257634;\n- (ii) lot 57 on SP277218;\n- (iii) lots 74 to 78 on Crown Plan E124236;\n- (iv) lot 145 on Crown Plan LN2427; and\n- (b) the development is for infrastructure mentioned in section 267A(1); and\n- (c) when the development was carried out— (i) the development was assessable development under a planning Act; and (ii) no development permit was in effect for the development.\n- (i) the development was assessable development under a planning Act; and\n- (ii) no development permit was in effect for the development.\n- (i) lot 2 on SP257634;\n- (ii) lot 57 on SP277218;\n- (iii) lots 74 to 78 on Crown Plan E124236;\n- (iv) lot 145 on Crown Plan LN2427; and\n- (i) the development was assessable development under a planning Act; and\n- (ii) no development permit was in effect for the development.\n- (a) the Planning Act 2016 ; or\n- (b) the repealed Sustainable Planning Act 2009 ; or\n- (c) the repealed Integrated Planning Act 1997 .","sortOrder":901},{"sectionNumber":"sec.490ZL","sectionType":"section","heading":"Advice and recommendations relating to safety orders and temporary safety orders","content":"### sec.490ZL Advice and recommendations relating to safety orders and temporary safety orders\n\nThis section applies if, before the commencement, a doctor or psychologist—\ngave advice to the chief executive as mentioned in section 53(1) or 54(2); or\nmade a recommendation to the chief executive under section 55(4) or 58(5).\nFor applying chapter 2, part 2, division 5 in relation to a prisoner after the commencement, the advice or recommendation is taken to have been given or made by an authorised practitioner.\ns 490ZL ins 2024 No. 24 s 18\n(sec.490ZL-ssec.1) This section applies if, before the commencement, a doctor or psychologist— gave advice to the chief executive as mentioned in section 53(1) or 54(2); or made a recommendation to the chief executive under section 55(4) or 58(5).\n(sec.490ZL-ssec.2) For applying chapter 2, part 2, division 5 in relation to a prisoner after the commencement, the advice or recommendation is taken to have been given or made by an authorised practitioner.\n- (a) gave advice to the chief executive as mentioned in section 53(1) or 54(2); or\n- (b) made a recommendation to the chief executive under section 55(4) or 58(5).","sortOrder":902},{"sectionNumber":"sec.490ZM","sectionType":"section","heading":"Transitional regulation-making power","content":"### sec.490ZM Transitional regulation-making power\n\nA regulation (a transitional regulation ) may make provision about a matter for which—\nit is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of former chapter 2, part 2, division 5 to the operation of this Act as in force from the commencement; and\nthis Act does not provide or sufficiently provide.\nA transitional regulation may have retrospective operation to a day not earlier than the day this section commences.\nA transitional regulation must declare it is a transitional regulation.\nA transitional regulation may only be made within 1 year after the day this section commences.\nThis section and a transitional regulation expire on the day that is 2 years after the day this section commences.\nIn this section—\nformer chapter 2, part 2, division 5 means chapter 2, part 2, division 5 as in force before its amendment by the Police Powers and Responsibilities and Other Legislation Amendment Act 2024 .\ns 490ZM ins 2024 No. 24 s 18\nexp 30 September 2026 (see s 490ZM(5))\n(sec.490ZM-ssec.1) A regulation (a transitional regulation ) may make provision about a matter for which— it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of former chapter 2, part 2, division 5 to the operation of this Act as in force from the commencement; and this Act does not provide or sufficiently provide.\n(sec.490ZM-ssec.2) A transitional regulation may have retrospective operation to a day not earlier than the day this section commences.\n(sec.490ZM-ssec.3) A transitional regulation must declare it is a transitional regulation.\n(sec.490ZM-ssec.4) A transitional regulation may only be made within 1 year after the day this section commences.\n(sec.490ZM-ssec.5) This section and a transitional regulation expire on the day that is 2 years after the day this section commences.\n(sec.490ZM-ssec.6) In this section— former chapter 2, part 2, division 5 means chapter 2, part 2, division 5 as in force before its amendment by the Police Powers and Responsibilities and Other Legislation Amendment Act 2024 .\n- (a) it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of former chapter 2, part 2, division 5 to the operation of this Act as in force from the commencement; and\n- (b) this Act does not provide or sufficiently provide.","sortOrder":903},{"sectionNumber":"ch.7A-pt.19","sectionType":"part","heading":"Declaratory and validation provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2024","content":"# Declaratory and validation provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2024","sortOrder":904},{"sectionNumber":"sec.490ZN","sectionType":"section","heading":"Start of parole orders","content":"### sec.490ZN Start of parole orders\n\nThis section applies to a decision of the parole board under section 193, made before the commencement, that—\ngranted an application for a parole order; and\nstated a day on which the order started.\nThe decision is not to be taken to be invalid only because the stated day on which the order started was later than the day the decision was made.\ns 490ZN ins 2024 No. 33 s 2F\n(sec.490ZN-ssec.1) This section applies to a decision of the parole board under section 193, made before the commencement, that— granted an application for a parole order; and stated a day on which the order started.\n(sec.490ZN-ssec.2) The decision is not to be taken to be invalid only because the stated day on which the order started was later than the day the decision was made.\n- (a) granted an application for a parole order; and\n- (b) stated a day on which the order started.","sortOrder":905},{"sectionNumber":"sec.490ZO","sectionType":"section","heading":"Particular parole board appointments","content":"### sec.490ZO Particular parole board appointments\n\nThis section applies in relation to a person who, during the relevant period, was appointed under former section 228 to act in the office of a professional board member.\nIt is declared that—\ndespite former section 228 and the terms of the person’s appointment, the person is taken to have been validly appointed to act in the office at all times during the relevant period; and\neach relevant exercise of power by the person is, and always has been, as valid as it would be or would have been had the person been validly appointed to act in the office at all times during the relevant period; and\nanything done by an entity relying on a decision made, or other thing done, during the relevant period by the parole board is, and always has been, as valid as it would be or would have been had the person been validly appointed to act in the office when the decision was made or other thing done.\nexecuting a warrant\nIn this section—\ndone includes purportedly done.\nexercise or performance includes purported exercise or performance.\nformer section 228 , in relation to an appointment, means section 228 as in force at the time of the appointment.\nmade includes purportedly made.\nrelevant exercise of power means an exercise or performance, during the relevant period, of a power or function conferred on a board member by this Act (including the making of a decision).\nrelevant period means the period from 3 July 2017 to 5 June 2024.\ns 490ZO ins 2024 No. 33 s 2F\n(sec.490ZO-ssec.1) This section applies in relation to a person who, during the relevant period, was appointed under former section 228 to act in the office of a professional board member.\n(sec.490ZO-ssec.2) It is declared that— despite former section 228 and the terms of the person’s appointment, the person is taken to have been validly appointed to act in the office at all times during the relevant period; and each relevant exercise of power by the person is, and always has been, as valid as it would be or would have been had the person been validly appointed to act in the office at all times during the relevant period; and anything done by an entity relying on a decision made, or other thing done, during the relevant period by the parole board is, and always has been, as valid as it would be or would have been had the person been validly appointed to act in the office when the decision was made or other thing done. executing a warrant\n(sec.490ZO-ssec.3) In this section— done includes purportedly done. exercise or performance includes purported exercise or performance. former section 228 , in relation to an appointment, means section 228 as in force at the time of the appointment. made includes purportedly made. relevant exercise of power means an exercise or performance, during the relevant period, of a power or function conferred on a board member by this Act (including the making of a decision). relevant period means the period from 3 July 2017 to 5 June 2024.\n- (a) despite former section 228 and the terms of the person’s appointment, the person is taken to have been validly appointed to act in the office at all times during the relevant period; and\n- (b) each relevant exercise of power by the person is, and always has been, as valid as it would be or would have been had the person been validly appointed to act in the office at all times during the relevant period; and\n- (c) anything done by an entity relying on a decision made, or other thing done, during the relevant period by the parole board is, and always has been, as valid as it would be or would have been had the person been validly appointed to act in the office when the decision was made or other thing done. Example of a thing done by an entity— executing a warrant","sortOrder":906},{"sectionNumber":"ch.7A-pt.20","sectionType":"part","heading":"Validation provision for Corrective Services (Parole Board) and Other Legislation Amendment Act 2025","content":"# Validation provision for Corrective Services (Parole Board) and Other Legislation Amendment Act 2025","sortOrder":907},{"sectionNumber":"sec.490ZP","sectionType":"section","heading":"Particular suspension of parole orders","content":"### sec.490ZP Particular suspension of parole orders\n\nThis section applies if, during the period starting on 3 July 2017 and ending on the commencement—\na prescribed board member decided, under section 208B—\nnot to suspend a parole order; or\nto suspend a parole order but not issue a warrant for the prisoner’s arrest; and\nthe parole board purported to review the prescribed board member’s decision and decide to do any 1 or more of the following—\nconfirm the member’s decision;\nset aside the member’s decision;\nsubstitute its own decision to suspend or cancel the parole order.\nThe decision of the parole board is, and is taken to have always been, as valid as it would have been if the decision were made under new section 208C.\nAnything done or purported to have been done as a result of, or in reliance on, the decision of the parole board is, and is taken to have always been, as valid and lawful as it would have been if the decision were made under new section 208C.\nThis section applies even if a proceeding relating to the decision of the parole board has been commenced in a court.\nIn this section—\nnew section 208C means section 208C as in force from the commencement.\ns 490ZP ins 2025 No. 12 s 5\n(sec.490ZP-ssec.1) This section applies if, during the period starting on 3 July 2017 and ending on the commencement— a prescribed board member decided, under section 208B— not to suspend a parole order; or to suspend a parole order but not issue a warrant for the prisoner’s arrest; and the parole board purported to review the prescribed board member’s decision and decide to do any 1 or more of the following— confirm the member’s decision; set aside the member’s decision; substitute its own decision to suspend or cancel the parole order.\n(sec.490ZP-ssec.2) The decision of the parole board is, and is taken to have always been, as valid as it would have been if the decision were made under new section 208C.\n(sec.490ZP-ssec.3) Anything done or purported to have been done as a result of, or in reliance on, the decision of the parole board is, and is taken to have always been, as valid and lawful as it would have been if the decision were made under new section 208C.\n(sec.490ZP-ssec.4) This section applies even if a proceeding relating to the decision of the parole board has been commenced in a court.\n(sec.490ZP-ssec.5) In this section— new section 208C means section 208C as in force from the commencement.\n- (a) a prescribed board member decided, under section 208B— (i) not to suspend a parole order; or (ii) to suspend a parole order but not issue a warrant for the prisoner’s arrest; and\n- (i) not to suspend a parole order; or\n- (ii) to suspend a parole order but not issue a warrant for the prisoner’s arrest; and\n- (b) the parole board purported to review the prescribed board member’s decision and decide to do any 1 or more of the following— (i) confirm the member’s decision; (ii) set aside the member’s decision; (iii) substitute its own decision to suspend or cancel the parole order.\n- (i) confirm the member’s decision;\n- (ii) set aside the member’s decision;\n- (iii) substitute its own decision to suspend or cancel the parole order.\n- (i) not to suspend a parole order; or\n- (ii) to suspend a parole order but not issue a warrant for the prisoner’s arrest; and\n- (i) confirm the member’s decision;\n- (ii) set aside the member’s decision;\n- (iii) substitute its own decision to suspend or cancel the parole order.","sortOrder":908}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":865},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2006 scope. Major additions include: the Norfolk Island prisoner scheme (2024), 'no body-no parole' provisions (2017, expanded 2021), 'restricted prisoner' declarations for multiple murderers (2021), terrorism-related parole restrictions (2019), electronic surveillance powers (2023-2024), and body-worn camera provisions (2024). The parole system has become increasingly complex with offence-specific eligibility calculations."},"complexity_factors":["Multiple overlapping custody frameworks (chief executive vs commissioner custody)","Extensive cross-referencing to other Acts (Criminal Code, Mental Health Act 2016, Dangerous Prisoners Act 2003, etc.)","Nested conditional logic for parole eligibility dates with different rules for: life sentences, serious violent offences, drug trafficking, terrorism offences, cumulative vs concurrent sentences","Detailed procedural requirements for safety orders and maximum security orders with mandatory review timelines","Complex definitions for 'no body-no parole' and 'restricted prisoner' categories with separate procedural tracks","Multiple amendment histories showing evolving legislative framework (2006-2024)","Regulation-dependent provisions where key details are left to subordinate legislation","Conditional exceptions to general rules throughout (e.g., section 209 automatic cancellation of parole with 4 exceptions)"],"plain_english_summary":"**What this legislation does:**\n\nThis is the **Corrective Services Act 2006** (Queensland), which governs how prisoners are managed in Queensland's correctional system. The excerpt covers several key areas:\n\n**1. Custody and Admission (Sections 6-18)**\n- Establishes where prisoners must be detained (corrective services facilities, with short-term exceptions for watch houses)\n- Defines when prisoners are in the \"chief executive's custody\" (the head of corrective services) versus the \"commissioner's custody\" (police)\n- Sets out documentation requirements for admission\n- Requires prisoners to be informed of their rights and duties\n- Mandates security classifications (low or high) based on risk factors including escape risk, offence nature, and behaviour\n\n**2. Prisoner Management (Sections 19-65)**\n- Allows different management arrangements based on security classification\n- Covers medical examinations, private healthcare, and emergency notifications\n- Regulates prisoner communications (mail, phone calls) with monitoring and censorship powers\n- Establishes \"safety orders\" (up to 1 month) and \"maximum security orders\" (up to 6 months) for high-risk prisoners\n- Provides for prisoner transfers between facilities and temporary leave\n\n**3. Discipline and Offences (Sections 113-136)**\n- Creates a disciplinary system with minor and major breaches\n- Establishes serious criminal offences for prisoners including riot, mutiny, and dealing with prohibited items\n- Creates offences for staff (prohibiting intimate relationships with offenders) and visitors\n- Regulates searches of prisoners, visitors, and facilities\n\n**4. Parole System (Sections 175B-215)**\n- Establishes two special prisoner categories: \"no body-no parole\" prisoners (must cooperate to locate homicide victims) and \"restricted prisoners\" (multiple murderers or child killers)\n- Creates detailed parole application processes with eligibility dates calculated differently based on offence type\n- Gives the Parole Board power to grant, refuse, amend, suspend or cancel parole\n- Allows immediate suspension for serious risks\n\n**5. Norfolk Island Prisoners (Sections 18A-18J)**\n- Special provisions for prisoners transferred from Norfolk Island to Queensland facilities\n\n**Who it affects:** Prisoners, corrective services staff, visitors, the Parole Board, and Norfolk Island prisoners transferred to Queensland.\n\n**Why it matters:** This legislation balances prisoner rights with community safety, establishes clear procedures for managing high-risk individuals, and creates accountability mechanisms through official visitors and review processes. The \"no body-no parole\" and \"restricted prisoner\" provisions reflect particularly serious policy responses to homicide offenders."},"summary":{"name":"Corrective Services Act 2006","slug":"corrective-services-act-2006","title_id":"qld:act-2006-029","version_id":2356,"analysis_type":"summary","content_quality":"high","complexity_score":4,"scope_assessment":{"changed":true,"description":"Operational and currently in force. Section 490ZP inserted in 2025 via Act 2025 No 12 s 5 deems past parole board reviews of prescribed board member decisions valid back to 3 July 2017. Sections 113 and 150 last amended 2017 and 2020. Section 176A inserted in 2021. The Act remains the operational backbone of Queensland adult corrections."},"complexity_factors":["Six chapters with parts, divisions and subdivisions running to section 490ZP","Two-tier discipline system (breach of discipline plus offence) interacting with Queensland Police Service referrals","Parole regime layering exceptional circumstances orders, restricted prisoner declarations, court ordered parole orders and standard parole orders","Unusual saving provision (section 490ZP) that deems past parole board decisions valid even with proceedings on foot","Heavy interaction with the Criminal Code, Youth Justice Act 1992, Mental Health Act 2016 and Parliament of Queensland Act 2001"],"plain_english_summary":"This Queensland Act runs the adult prison system. It tells Queensland Corrective Services where prisoners may be detained, how they are searched, transported and disciplined, and what offences apply on or near corrective services land. Section 6 confines detention to a corrective services facility, with watch house detention only allowed for periods of 21 days or less or until a prisoner can be conveniently transferred. Subjection to the Criminal Code, the Youth Justice Act 1992, the Mental Health Act 2016 and the Parliament of Queensland Act 2001 section 40(4)(a) is built in.\n\nChapter 2 covers custody, transfers, searches, communications, safety orders and maximum security orders. Chapter 3 contains discipline (sections 113 and 114) and offences (sections 124 to 133), including offences for taking prohibited things into a facility, helping a prisoner at large, removing things from a facility, unlawful entry, killing or injuring a corrective services dog, and interfering with records. Chapter 4 declares prisons by regulation (section 149) and community corrections centres and work camps by gazette notice (section 151), and sets minimum amenities in section 150 including Aboriginal and Torres Strait Islander meeting places, accommodation for female prisoners with young children, and videoconferencing. Chapter 5 establishes the Parole Board Queensland and the parole order regime, including exceptional circumstances orders (section 176), restricted prisoner declarations (section 176A), conditions (section 200), and amendment, suspension, cancellation and warrant powers (sections 205, 206 and 211). Chapter 6 sets up financial assistance grants (sections 248 to 251), corrective services officer powers (section 276) and identity card rules (sections 277 and 278), official visitors, inspectors and authorised practitioners. Chapter 7 carries forward actions taken under the predecessor Corrective Services Act 2000."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.12-ssec.1 and sec.12-ssec.2","severity":"low","reasoning":"Subsection (1) frames classification as a binary choice between low and high, conferring apparent discretion. Subsection (2) then mandatorily removes one of those two options for remand prisoners, making the 'choice' a foregone conclusion. The provision is not logically impossible to comply with — the outcome is clear — but the legislative architecture is self-contradictory in that it grants a discretion with one hand and immediately takes it away with the other for a large class of prisoners.","confidence":0.85,"description":"Section 12(1) requires the chief executive to classify a prisoner into a security classification of 'low or high', but section 12(2) mandates that remand prisoners not serving another sentence 'must only be classified into a security classification of high'. This means remand prisoners notionally have a classification chosen from {low, high} but that choice is immediately constrained to only one option — high — making the discretion conferred by subsection (1) entirely illusory for this class of prisoner."},{"type":"other","section":"sec.13-ssec.3 and sec.13-ssec.4","severity":"medium","reasoning":"The interplay between ss.12(2), 13(3) and 13(4) creates a situation where remand prisoners — who by definition must be high — can never receive a mandatory or requested periodic review of their classification. While this may be intentional (since the classification cannot change), the practical result is that long-term remand prisoners are categorically denied the procedural protection of review, even for unrelated risk-sub-category considerations.","confidence":0.8,"description":"Section 13(3) requires the chief executive to review a high-security prisoner's classification in two circumstances, including where 'the security classification has been high for the previous 3 years and has not been reviewed in the previous 3 years'. Section 13(4) then exempts remand prisoners from subsection (3). But section 12(2) mandates that remand prisoners must always be classified as high — so even if reviewed, their classification can never be changed to low. The mandatory review requirement is thus rendered entirely purposeless for remand prisoners (which is why they are exempted), yet the exemption is expressed in sec.13(4) as applying to 'subsection (3)' generally, meaning remand prisoners also lose the entitlement to request a review under sec.13(3)(a). A prisoner who is on remand for years can never have their high classification reviewed on request."},{"type":"self_contradicting","section":"sec.53-ssec.2 and sec.54-ssec.5","severity":"medium","reasoning":"The legislature appears to have intended consecutive orders to be permissible with additional procedural safeguards (notice, submissions) kicking in once the cumulative period exceeds 1 month per sec.54(4). But the deeming in sec.54(5) — that consecutive orders are 'taken to be 1 safety order' — formally negates the ceiling in sec.53(2), since that ceiling applies to 'the safety order' and the consecutive chain is now deemed to be that single order. The provision is internally inconsistent: it sets a maximum duration and then creates a mechanism that, by statutory fiction, makes the maximum inapplicable.","confidence":0.75,"description":"Section 53(2) provides that a safety order 'must not be for a period longer than 1 month'. However, section 54(5) declares that '2 or more safety orders running consecutively are taken to be 1 safety order' for the purposes of section 54. This deeming provision means that a chain of consecutive safety orders is treated as a single order potentially running for many months or years, directly contradicting the 1-month maximum in section 53(2). The 1-month cap on any individual order is circumvented by the consecutive-order mechanism, rendering the statutory limit largely notional."},{"type":"self_contradicting","section":"sec.10-ssec.3 and sec.10-ssec.4","severity":"medium","reasoning":"These two subsections impose contradictory mandatory obligations ('must' destroy vs 'must not' destroy) triggered by conditions that can co-exist. The provision in sec.10(4) is intended as an exception to sec.10(3), but it is expressed as an equally mandatory prohibition rather than as a saving provision, creating a genuine logical conflict when both conditions are satisfied simultaneously.","confidence":0.9,"description":"Section 10(3) mandates that a prisoner's biometric information 'must be destroyed' if the prisoner is found not guilty or proceedings are discontinued. Section 10(4) then provides that the information 'must not be destroyed' if, during any part of the detention, the prisoner was also detained for another offence of which they have been convicted or for which proceedings have not been discontinued. The interaction of these two mandatory obligations — 'must be destroyed' vs 'must not be destroyed' — creates an irreconcilable conflict where both duties apply simultaneously: the acquitted prisoner triggers the destruction obligation, but concurrent conviction or ongoing proceedings trigger the non-destruction obligation."},{"type":"impossible_compliance","section":"sec.51-ssec.4 and sec.51-ssec.6","severity":"low","reasoning":"The floor of 7 calls per 7-day period is an absolute minimum that cannot be overridden even for prisoners the chief executive reasonably believes will use calls to engage in prohibited communication, including potential witness intimidation or coordination of criminal activity. While the floor reflects a human rights-informed minimum, the inability to go below it even for demonstrably dangerous communication patterns is a genuine tension in the legislative design.","confidence":0.7,"description":"Section 51(4) allows more restrictive terms and conditions to be applied to a prisoner's personal calls if the chief executive reasonably believes the prisoner is likely to use calls to engage in prohibited prisoner communication. Section 51(6) then provides that terms and conditions 'must not limit a prisoner to fewer than 7 personal calls in any 7 day period'. The more-restrictive power in subsection (4) is thus subject to an absolute floor in subsection (6), which is uncontroversial. However, section 311(10) repeats the same floor for the prisoners trust fund spending limitations on calls, suggesting the floor is the legislature's considered position. The absurdity is minor: a chief executive who 'reasonably believes' a prisoner will misuse calls is nonetheless compelled to allow at least 7 calls per week to that prisoner regardless of the seriousness of the risk."},{"type":"circular_definition","section":"sec.22-ssec.1 and sec.22-ssec.2","severity":"low","reasoning":"The subsection structure is slightly circular: sec.22(1) is 'subject to' sec.22(2), and sec.22(2)(b) prohibits applying for approval under sec.22(1) for a specific purpose. The meaning is clear on a purposive reading, but the formal structure is logically awkward — a provision that is subject to another provision that prohibits the use of the first provision.","confidence":0.65,"description":"Section 22(1) allows a prisoner to 'apply in writing to the chief executive for approval to be examined or treated by a health practitioner nominated by the prisoner', subject to subsection (2). Section 22(2) provides that a prisoner 'can not apply for the chief executive's approval to participate in assisted reproductive technology'. This creates a peculiar self-referential prohibition: section 22(1) is expressly subject to section 22(2), yet section 22(2)(b) prohibits applying for 'the chief executive's approval to participate in assisted reproductive technology' — which is itself the application process established by section 22(1). The provision thus prohibits an application under the very provision it qualifies."},{"type":"impossible_compliance","section":"sec.116-ssec.2","severity":"medium","reasoning":"The 24-hour window for minor breaches must accommodate: the corrective services officer observing the breach, reporting to the chief executive, a decision to proceed, notification to the prisoner, the hearing itself (including the prisoner's right to call witnesses from within the facility), and the deciding officer's decision. The procedural requirements of sec.116(3) are barely achievable within 24 hours in practice, particularly given the prisoner's rights to make submissions. The provision is not literally impossible but is practically unachievable in any case of moderate complexity.","confidence":0.8,"description":"For a minor breach of discipline, section 116(2)(b)(i) requires the deciding officer to make a decision 'within 24 hours after the alleged time the alleged breach happened'. In a prison context with shift changes, investigations, gathering of evidence, informing the prisoner, conducting a hearing at which the prisoner can make submissions and call witnesses, and then making a decision — all within 24 hours of the alleged event — this is operationally extremely difficult and arguably impossible to comply with for any but the most straightforward cases, particularly for breaches occurring late on a Friday or during public holidays."},{"type":"other","section":"sec.175C-ssec.1","severity":"high","reasoning":"The definition of 'homicide offence' was deliberately omitted by the 2024 amending Act. Without it, the no body-no parole prisoner definition in section 175C is incomplete — it references a term that is no longer defined in the Act. The entire division 2 of pt.1AB (sections 175K–175U) becomes of uncertain scope because the trigger concept is undefined. This is a genuine legislative gap that could render the scheme unworkable in practice if challenged, as there is no basis in the Act to determine which offences qualify.","confidence":0.95,"description":"Section 175C defines a 'no body-no parole prisoner' as a prisoner serving imprisonment for a 'homicide offence'. However, the definition of 'homicide offence' in section 175B was omitted (noted as 'om 2024 No. 25 s 8'). The term 'homicide offence' is therefore used throughout the no body-no parole framework (sections 175B–175U) without any definition in the Act, leaving the operative scope of the entire scheme undefined on the face of the legislation."},{"type":"other","section":"sec.108-ssec.2 and sec.108-ssec.3","severity":"low","reasoning":"While not impossible to comply with, the cascading backward calculation required by the provision creates potential ambiguity in extended holiday periods and does not expressly address the scenario where multiple consecutive preceding days are all excluded. The provision is workable in practice but has a minor structural gap.","confidence":0.6,"description":"Section 108(3) requires a prisoner to be discharged or released 'on the last day before the discharge day or release day that is not a day mentioned in subsection (2)(a), (b) or (c)'. If the discharge day falls on a Monday, and that Monday is a public holiday (subsection (2)(b)), the prisoner must be released on the Friday before. But if that Friday is also a public holiday (e.g. Easter Friday preceding Easter Monday), then we must go to Thursday. The provision does not address the situation where consecutive days before the discharge day are all excluded days — which could theoretically require release well before the discharge day. More practically, it does not address what happens if the discharge day itself is the first non-excluded day within a very long public holiday period."},{"type":"self_contradicting","section":"sec.69-ssec.1 and sec.69-ssec.3","severity":"medium","reasoning":"The mandatory obligation in sec.69(1) is undercut by the requirement in sec.69(3) for a separate chief executive order before the prisoner can be moved. In practice the chief executive would always issue the order, but the provision creates a structural inconsistency: the chief executive is both compelled to comply with a court order and required to issue their own authorisation order to give effect to that compulsion. The separate authorisation layer appears to be an internal administrative requirement that was not coordinated with the mandatory duty.","confidence":0.75,"description":"Section 69(1) states the chief executive 'must' produce a prisoner at the time and place stated in a court order or attendance authority. Section 69(3) provides that the transfer 'must be authorised by an order of the chief executive, even if it is required by a court order or an attendance authority'. This creates a situation where the chief executive has a mandatory obligation to produce the prisoner pursuant to a court order but simultaneously retains a separate power (and apparent discretion) to issue or withhold the authorisation order required to effect that production. If the chief executive declines to issue the section 69(3) order, the mandatory duty in section 69(1) becomes impossible to comply with through legal means."}],"contradictions":[{"severity":"low","section_a":"sec.12-ssec.1","section_b":"sec.12-ssec.2","confidence":0.85,"description":"Section 12(1) confers a discretion to classify prisoners as either 'low' or 'high' security. Section 12(2) mandates that remand prisoners (not serving another sentence) 'must only' be classified as high. The two provisions directly contradict each other in respect of remand prisoners: one creates a binary choice, the other removes one of the two options entirely."},{"severity":"medium","section_a":"sec.53-ssec.2","section_b":"sec.54-ssec.5","confidence":0.75,"description":"Section 53(2) sets a maximum duration of 1 month for any safety order. Section 54(5) deems consecutive safety orders to be a single safety order for the purposes of section 54, meaning the cumulative consecutive chain is treated as one order for procedural purposes — effectively negating the 1-month maximum in section 53(2) for chains of consecutive orders."},{"severity":"high","section_a":"sec.10-ssec.3","section_b":"sec.10-ssec.4","confidence":0.9,"description":"Section 10(3) imposes a mandatory obligation to destroy biometric information when a prisoner is found not guilty or proceedings are discontinued. Section 10(4) imposes an equally mandatory prohibition on destruction if the prisoner was also detained for a convicted or ongoing offence. Both mandatory obligations are triggered simultaneously when a prisoner is acquitted on one charge but convicted (or still charged) on another, creating an irreconcilable conflict between 'must destroy' and 'must not destroy'."},{"severity":"low","section_a":"sec.51-ssec.4","section_b":"sec.51-ssec.6","confidence":0.7,"description":"Section 51(4) permits more restrictive terms and conditions on personal calls for prisoners likely to engage in prohibited communication. Section 51(6) absolutely prohibits limiting a prisoner to fewer than 7 calls per 7-day period under any circumstances. These provisions pull in opposite directions: the first allows restrictions beyond ordinary limits; the second sets an inviolable floor that applies regardless of the reasons for restriction."},{"severity":"medium","section_a":"sec.69-ssec.1","section_b":"sec.69-ssec.3","confidence":0.75,"description":"Section 69(1) creates a mandatory obligation on the chief executive to produce a prisoner at the time and place stated in a court order. Section 69(3) requires the transfer to also be separately authorised by an order of the chief executive. The mandatory obligation in (1) can be frustrated by a failure to issue the order in (3), creating a structural inconsistency between an absolute duty and a discretionary (or at least separate) authorisation requirement."},{"severity":"medium","section_a":"sec.13-ssec.3","section_b":"sec.13-ssec.4","confidence":0.75,"description":"Section 13(3) requires mandatory review of high-security classifications in specified circumstances. Section 13(4) exempts remand prisoners from this requirement. Since section 12(2) mandates that remand prisoners must be classified as high, this exemption means that prisoners who have been on remand for years — and who are at the highest risk level — receive no mandatory periodic review of their classification at all, even though the review requirement exists precisely for long-term high-security prisoners."},{"severity":"high","section_a":"sec.175C-ssec.1","section_b":"sec.175B (definition of homicide offence — omitted)","confidence":0.95,"description":"Section 175C defines 'no body-no parole prisoner' by reference to a prisoner serving imprisonment for a 'homicide offence'. The definition of 'homicide offence' in section 175B was deliberately omitted by the 2024 amending Act (noted 'om 2024 No. 25 s 8'), leaving the entire no body-no parole scheme dependent on an undefined term. The operative provisions of division 2 (sections 175K–175U) are therefore of uncertain scope."},{"severity":"low","section_a":"sec.311-ssec.6","section_b":"sec.311-ssec.10","confidence":0.65,"description":"Section 311(6) allows the chief executive to limit the amount a prisoner may spend on personal calls. Section 311(10) provides that limitations 'must not be so restrictive as to effectively limit a prisoner to making fewer than 7 personal calls in any 7 day period'. This mirrors the tension in sections 51(4) and 51(6): the power to impose more restrictive limitations on suspected prohibited communicators is bounded by an absolute floor that cannot be overridden regardless of the risk posed by the prisoner."}]}},"importantCases":[],"_links":{"self":"/api/acts/corrective-services-act-2006","history":"/api/acts/corrective-services-act-2006/history","analysis":"/api/acts/corrective-services-act-2006/analysis","conflicts":"/api/acts/corrective-services-act-2006/conflicts","importantCases":"/api/acts/corrective-services-act-2006/important-cases","documents":"/api/acts/corrective-services-act-2006/documents"}}