{"id":"qld:sl-2017-0176","name":"Corrective Services Regulation 2017","slug":"corrective-services-regulation-2017","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"176 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174929,"registerId":"qld-qld:sl-2017-0176-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Corrective Services Regulation 2017 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2017.","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"Prisoners and other offenders","content":"# Prisoners and other offenders","sortOrder":3},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Accommodation","content":"## Accommodation","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Accommodation","content":"### sec.3 Accommodation\n\nAn Aboriginal or Torres Strait Islander prisoner is to be accommodated in a corrective services facility as close as practicable to the prisoner’s family unless the chief executive is satisfied the prisoner does not want to be accommodated near the prisoner’s family.\nFor an Aboriginal or Torres Strait Islander prisoner, the concept of family may be wider than is ordinarily understood because of the prisoner’s cultural background.\nIn deciding what is practicable, the chief executive must consider all relevant factors, including, for example—\nwhether the prisoner’s accommodation in the corrective services facility closest to the prisoner’s family would pose an unacceptable risk to the safety of persons, including the prisoner, in the facility; and\nthe prisoner’s security classification; and\nany orders to which the prisoner is subject.\nAn Aboriginal prisoner who is subject to a maximum security order can not be accommodated in the corrective services facility closest to the prisoner’s family unless the corrective services facility contains a maximum security unit.\n(sec.3-ssec.1) An Aboriginal or Torres Strait Islander prisoner is to be accommodated in a corrective services facility as close as practicable to the prisoner’s family unless the chief executive is satisfied the prisoner does not want to be accommodated near the prisoner’s family. For an Aboriginal or Torres Strait Islander prisoner, the concept of family may be wider than is ordinarily understood because of the prisoner’s cultural background.\n(sec.3-ssec.2) In deciding what is practicable, the chief executive must consider all relevant factors, including, for example— whether the prisoner’s accommodation in the corrective services facility closest to the prisoner’s family would pose an unacceptable risk to the safety of persons, including the prisoner, in the facility; and the prisoner’s security classification; and any orders to which the prisoner is subject. An Aboriginal prisoner who is subject to a maximum security order can not be accommodated in the corrective services facility closest to the prisoner’s family unless the corrective services facility contains a maximum security unit.\n- (a) whether the prisoner’s accommodation in the corrective services facility closest to the prisoner’s family would pose an unacceptable risk to the safety of persons, including the prisoner, in the facility; and\n- (b) the prisoner’s security classification; and\n- (c) any orders to which the prisoner is subject. Example— An Aboriginal prisoner who is subject to a maximum security order can not be accommodated in the corrective services facility closest to the prisoner’s family unless the corrective services facility contains a maximum security unit.","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Separate confinement","content":"### sec.4 Separate confinement\n\nThe chief executive must ensure a prisoner undergoing separate confinement—\ncan access reticulated water, a toilet and shower facilities that, as far as practicable, are constructed in a way to prevent the prisoner from associating with other prisoners; and\nis given the same type of mattress, sheets, blankets and pillow as the prisoner would have were the prisoner not in separate confinement; and\nis given clothing appropriate for the prevailing conditions; and\nis given the opportunity to exercise, in the fresh air, for at least 2 daylight hours a day, unless a health practitioner advises that it would not be in the interests of the prisoner’s health to exercise for a stated period or indefinitely.\nThe chief executive must keep a record of the advice received from a health practitioner under subsection (1) (d) .\ns 4 amd 2023 Act No. 14 s 52 sch 1\n(sec.4-ssec.1) The chief executive must ensure a prisoner undergoing separate confinement— can access reticulated water, a toilet and shower facilities that, as far as practicable, are constructed in a way to prevent the prisoner from associating with other prisoners; and is given the same type of mattress, sheets, blankets and pillow as the prisoner would have were the prisoner not in separate confinement; and is given clothing appropriate for the prevailing conditions; and is given the opportunity to exercise, in the fresh air, for at least 2 daylight hours a day, unless a health practitioner advises that it would not be in the interests of the prisoner’s health to exercise for a stated period or indefinitely.\n(sec.4-ssec.2) The chief executive must keep a record of the advice received from a health practitioner under subsection (1) (d) .\n- (a) can access reticulated water, a toilet and shower facilities that, as far as practicable, are constructed in a way to prevent the prisoner from associating with other prisoners; and\n- (b) is given the same type of mattress, sheets, blankets and pillow as the prisoner would have were the prisoner not in separate confinement; and\n- (c) is given clothing appropriate for the prevailing conditions; and\n- (d) is given the opportunity to exercise, in the fresh air, for at least 2 daylight hours a day, unless a health practitioner advises that it would not be in the interests of the prisoner’s health to exercise for a stated period or indefinitely.","sortOrder":6},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Breaches of discipline","content":"## Breaches of discipline","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Breaches of discipline— Act , s 113","content":"### sec.5 Breaches of discipline— Act , s 113\n\nFor section 113 (1) of the Act , each of the following acts or omissions, if committed by a prisoner, is a breach of discipline—\ncontravening a lawful direction of a corrective services officer;\nwilfully carrying out, in a careless or negligent way, something the prisoner is lawfully directed to do by a corrective services officer;\nmaking something not expressly or impliedly approved as something the prisoner may make;\npossessing or concealing something not expressly or impliedly approved as something the prisoner may possess;\nknowingly consuming something not expressly or impliedly approved as something the prisoner may consume;\nwilfully consuming or inhaling something likely to induce an intoxicated state, other than medication taken as prescribed by a health practitioner;\nwithout the approval of a corrective services officer or health practitioner—\npossessing or taking medication; or\ngiving or administering medication to another prisoner;\nusing abusive, indecent, insulting, obscene, offensive or threatening language in someone else’s presence;\nacting in an indecent or offensive way in someone else’s presence;\nacting in a way contrary to the security or good order of a corrective services facility;\nmaking a complaint, other than a complaint to an official visitor or the chief inspector, about an act or omission of another prisoner or a corrective services officer, that is frivolous or vexatious;\norganising or taking part in gambling;\nwithout a corrective services officer’s approval, altering the prisoner’s appearance, or another prisoner’s appearance, so it significantly differs from the prisoner’s appearance described in the record kept under section 10 of the Act ;\nwilfully damaging, destroying, removing or otherwise interfering with a video camera or other device used for monitoring part of the prison;\nwilfully damaging or destroying clothing issued to the prisoner or another prisoner;\nwilfully damaging or destroying property rented by the prisoner or another prisoner;\nwilfully damaging or destroying any property that is part of a corrective services facility, or other property of the State in the facility;\nobtaining another prisoner’s property, other than in circumstances expressly approved, or intentionally damaging another prisoner’s property;\nsending mail purporting to be privileged mail if it is not privileged mail;\ngiving a positive test sample or being taken, under section 43 (4) of the Act , to have given a positive test sample;\nattempting to do anything mentioned in paragraphs (a) to (s) .\ns 5 amd 2023 Act No. 14 s 52 sch 1\n- (a) contravening a lawful direction of a corrective services officer;\n- (b) wilfully carrying out, in a careless or negligent way, something the prisoner is lawfully directed to do by a corrective services officer;\n- (c) making something not expressly or impliedly approved as something the prisoner may make;\n- (d) possessing or concealing something not expressly or impliedly approved as something the prisoner may possess;\n- (e) knowingly consuming something not expressly or impliedly approved as something the prisoner may consume;\n- (f) wilfully consuming or inhaling something likely to induce an intoxicated state, other than medication taken as prescribed by a health practitioner;\n- (g) without the approval of a corrective services officer or health practitioner— (i) possessing or taking medication; or (ii) giving or administering medication to another prisoner;\n- (i) possessing or taking medication; or\n- (ii) giving or administering medication to another prisoner;\n- (h) using abusive, indecent, insulting, obscene, offensive or threatening language in someone else’s presence;\n- (i) acting in an indecent or offensive way in someone else’s presence;\n- (j) acting in a way contrary to the security or good order of a corrective services facility;\n- (k) making a complaint, other than a complaint to an official visitor or the chief inspector, about an act or omission of another prisoner or a corrective services officer, that is frivolous or vexatious;\n- (l) organising or taking part in gambling;\n- (m) without a corrective services officer’s approval, altering the prisoner’s appearance, or another prisoner’s appearance, so it significantly differs from the prisoner’s appearance described in the record kept under section 10 of the Act ;\n- (n) wilfully damaging, destroying, removing or otherwise interfering with a video camera or other device used for monitoring part of the prison;\n- (o) wilfully damaging or destroying clothing issued to the prisoner or another prisoner;\n- (p) wilfully damaging or destroying property rented by the prisoner or another prisoner;\n- (q) wilfully damaging or destroying any property that is part of a corrective services facility, or other property of the State in the facility;\n- (r) obtaining another prisoner’s property, other than in circumstances expressly approved, or intentionally damaging another prisoner’s property;\n- (s) sending mail purporting to be privileged mail if it is not privileged mail;\n- (t) giving a positive test sample or being taken, under section 43 (4) of the Act , to have given a positive test sample;\n- (u) attempting to do anything mentioned in paragraphs (a) to (s) .\n- (i) possessing or taking medication; or\n- (ii) giving or administering medication to another prisoner;","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Prisoner to be given copy of details kept about breaches of discipline","content":"### sec.6 Prisoner to be given copy of details kept about breaches of discipline\n\nThe chief executive must give a prisoner a copy of the details contained in the register kept under section 120 of the Act for each breach of discipline it is decided the prisoner has committed.\nThe copy must be given to the prisoner as soon as practicable after the details are entered in the register.\n(sec.6-ssec.1) The chief executive must give a prisoner a copy of the details contained in the register kept under section 120 of the Act for each breach of discipline it is decided the prisoner has committed.\n(sec.6-ssec.2) The copy must be given to the prisoner as soon as practicable after the details are entered in the register.","sortOrder":9},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Safety orders","content":"## Safety orders","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Safety order conditions— Act , s 53","content":"### sec.7 Safety order conditions— Act , s 53\n\nFor section 53 (3) of the Act , the conditions are as follows—\nthe extent to which the prisoner is to be separated from other prisoners accommodated in the corrective services facility;\nany special needs of the prisoner and how the needs must be met;\nhow and when the prisoner may receive visits;\nthe amount of property the prisoner may keep and access during the period of the safety order;\nthe prisoner’s access to approved activities, courses and programs;\nthe phone calls and electronic communications the prisoner may make.\n- (a) the extent to which the prisoner is to be separated from other prisoners accommodated in the corrective services facility;\n- (b) any special needs of the prisoner and how the needs must be met;\n- (c) how and when the prisoner may receive visits;\n- (d) the amount of property the prisoner may keep and access during the period of the safety order;\n- (e) the prisoner’s access to approved activities, courses and programs;\n- (f) the phone calls and electronic communications the prisoner may make.","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Safety order for Aboriginal or Torres Strait Islander prisoner","content":"### sec.8 Safety order for Aboriginal or Torres Strait Islander prisoner\n\nAfter making a safety order for an Aboriginal or Torres Strait Islander prisoner, the chief executive must tell the following persons about making the order—\na cultural liaison officer;\nif an Aboriginal or Torres Strait Islander elder, respected person or indigenous spiritual healer has been appointed for the corrective services facility—the elder, respected person or indigenous spiritual healer;\nthe person nominated by the prisoner as the prisoner’s contact person.\nWhen telling the cultural liaison officer about making the safety order, the chief executive must ask the officer to visit the prisoner.\nA failure to comply with subsection (1) or (2) does not invalidate the making of the safety order.\nIn this section—\ncultural liaison officer means a corrective services officer who holds an appointment as a cultural liaison officer.\n(sec.8-ssec.1) After making a safety order for an Aboriginal or Torres Strait Islander prisoner, the chief executive must tell the following persons about making the order— a cultural liaison officer; if an Aboriginal or Torres Strait Islander elder, respected person or indigenous spiritual healer has been appointed for the corrective services facility—the elder, respected person or indigenous spiritual healer; the person nominated by the prisoner as the prisoner’s contact person.\n(sec.8-ssec.2) When telling the cultural liaison officer about making the safety order, the chief executive must ask the officer to visit the prisoner.\n(sec.8-ssec.3) A failure to comply with subsection (1) or (2) does not invalidate the making of the safety order.\n(sec.8-ssec.4) In this section— cultural liaison officer means a corrective services officer who holds an appointment as a cultural liaison officer.\n- (a) a cultural liaison officer;\n- (b) if an Aboriginal or Torres Strait Islander elder, respected person or indigenous spiritual healer has been appointed for the corrective services facility—the elder, respected person or indigenous spiritual healer;\n- (c) the person nominated by the prisoner as the prisoner’s contact person.","sortOrder":12},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Searches and test samples","content":"## Searches and test samples","sortOrder":13},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Meaning of terms used in division","content":"### sec.8A Meaning of terms used in division\n\nIn this division—\nmen’s corrective services facility means a corrective services facility other than a women’s corrective services facility.\nqualified corrective services officer means a corrective services officer who has successfully completed training approved by the chief executive for the taking of a test sample of urine for analysis.\nwomen’s corrective services facility —\nmeans a corrective services facility, or part of a corrective services facility, established as a women’s facility, centre or work camp; and\nincludes the following—\nBrisbane Women’s Correctional Centre;\nthe women’s facilities at the Townsville Correctional Complex;\nthe women’s work camp at Bowen;\nNuminbah Correctional Centre;\nthe women’s work camp at Warwick;\nthe women’s facilities at the Southern Queensland Correctional Complex;\nHelana Jones Community Corrections Centre.\nA reference in this division to a female corrective services officer, female health practitioner or female helper is a reference to a person who—\npresents themselves in the relevant capacity as a female; or\nis designated by the chief executive as a person who may exercise powers for which, respectively, a female corrective services officer, female health practitioner or female helper is required.\nA reference in this division to a male corrective services officer, male health practitioner or male helper is a reference to a person who—\npresents themselves in the relevant capacity as a male; or\nis designated by the chief executive as a person who may exercise powers for which, respectively, a male corrective services officer, male health practitioner or male helper is required.\nA reference in this division to a prisoner detained in a women’s corrective services facility includes a reference to a prisoner who—\nis in the Princess Alexandra Hospital Secure Unit; and\nhas—\nbeen transferred to the unit from a women’s corrective services facility; or\nbeen designated by the chief executive as a prisoner who will be accommodated in a women’s corrective services facility.\nA reference in this division to a prisoner detained in a corrective services facility includes a reference to the prisoner while the prisoner is, under the Act , lawfully outside the corrective services facility.\ns 8A ins 2024 SL No. 187 s 5\n(sec.8A-ssec.1) In this division— men’s corrective services facility means a corrective services facility other than a women’s corrective services facility. qualified corrective services officer means a corrective services officer who has successfully completed training approved by the chief executive for the taking of a test sample of urine for analysis. women’s corrective services facility — means a corrective services facility, or part of a corrective services facility, established as a women’s facility, centre or work camp; and includes the following— Brisbane Women’s Correctional Centre; the women’s facilities at the Townsville Correctional Complex; the women’s work camp at Bowen; Numinbah Correctional Centre; the women’s work camp at Warwick; the women’s facilities at the Southern Queensland Correctional Complex; Helana Jones Community Corrections Centre.\n(sec.8A-ssec.2) A reference in this division to a female corrective services officer, female health practitioner or female helper is a reference to a person who— presents themselves in the relevant capacity as a female; or is designated by the chief executive as a person who may exercise powers for which, respectively, a female corrective services officer, female health practitioner or female helper is required.\n(sec.8A-ssec.3) A reference in this division to a male corrective services officer, male health practitioner or male helper is a reference to a person who— presents themselves in the relevant capacity as a male; or is designated by the chief executive as a person who may exercise powers for which, respectively, a male corrective services officer, male health practitioner or male helper is required.\n(sec.8A-ssec.4) A reference in this division to a prisoner detained in a women’s corrective services facility includes a reference to a prisoner who— is in the Princess Alexandra Hospital Secure Unit; and has— been transferred to the unit from a women’s corrective services facility; or been designated by the chief executive as a prisoner who will be accommodated in a women’s corrective services facility.\n(sec.8A-ssec.5) A reference in this division to a prisoner detained in a corrective services facility includes a reference to the prisoner while the prisoner is, under the Act , lawfully outside the corrective services facility.\n- (a) means a corrective services facility, or part of a corrective services facility, established as a women’s facility, centre or work camp; and\n- (b) includes the following— (i) Brisbane Women’s Correctional Centre; (ii) the women’s facilities at the Townsville Correctional Complex; (iii) the women’s work camp at Bowen; (iv) Numinbah Correctional Centre; (v) the women’s work camp at Warwick; (vi) the women’s facilities at the Southern Queensland Correctional Complex; (vii) Helana Jones Community Corrections Centre.\n- (i) Brisbane Women’s Correctional Centre;\n- (ii) the women’s facilities at the Townsville Correctional Complex;\n- (iii) the women’s work camp at Bowen;\n- (iv) Numinbah Correctional Centre;\n- (v) the women’s work camp at Warwick;\n- (vi) the women’s facilities at the Southern Queensland Correctional Complex;\n- (vii) Helana Jones Community Corrections Centre.\n- (i) Brisbane Women’s Correctional Centre;\n- (ii) the women’s facilities at the Townsville Correctional Complex;\n- (iii) the women’s work camp at Bowen;\n- (iv) Numinbah Correctional Centre;\n- (v) the women’s work camp at Warwick;\n- (vi) the women’s facilities at the Southern Queensland Correctional Complex;\n- (vii) Helana Jones Community Corrections Centre.\n- (a) presents themselves in the relevant capacity as a female; or\n- (b) is designated by the chief executive as a person who may exercise powers for which, respectively, a female corrective services officer, female health practitioner or female helper is required.\n- (a) presents themselves in the relevant capacity as a male; or\n- (b) is designated by the chief executive as a person who may exercise powers for which, respectively, a male corrective services officer, male health practitioner or male helper is required.\n- (a) is in the Princess Alexandra Hospital Secure Unit; and\n- (b) has— (i) been transferred to the unit from a women’s corrective services facility; or (ii) been designated by the chief executive as a prisoner who will be accommodated in a women’s corrective services facility.\n- (i) been transferred to the unit from a women’s corrective services facility; or\n- (ii) been designated by the chief executive as a prisoner who will be accommodated in a women’s corrective services facility.\n- (i) been transferred to the unit from a women’s corrective services facility; or\n- (ii) been designated by the chief executive as a prisoner who will be accommodated in a women’s corrective services facility.","sortOrder":14},{"sectionNumber":"sec.8B","sectionType":"section","heading":"Modification of procedures to take account of needs of prisoner","content":"### sec.8B Modification of procedures to take account of needs of prisoner\n\nA prisoner may request the modification of the usual search or urine test sample procedures to take account of the special or diverse needs of the prisoner.\nTo take account of needs associated with gender diversity, sexual orientation or a history of abuse, a prisoner may request a modification to enable powers to be exercised by a female or male corrective services officer, health practitioner or helper.\nTo take account of needs associated with cultural or religious practices, a prisoner may request a modification to enable a headdress to be searched in a particular way.\nTo take account of needs associated with a disability, a prisoner may request a modification to enable a prosthesis to remain in place or be searched in a particular way.\nThe prisoner must be given an opportunity to make the request—\non admission to a corrective services facility or as soon as practicable after admission; and\nwithin reasonable limits, at a later time.\nThe chief executive must decide whether to accept a modification requested by the prisoner as soon as practicable after the request is made.\nFor a modification of a procedure requiring the exercise of powers by a female or male corrective services officer, health practitioner or helper—\nthe modification is limited to enabling the powers to be exercised by a male rather than female, or a female rather than male, corrective services officer, health practitioner or helper; and\nSee section 8A (2) and (3) in relation to the meaning of the terms female or male corrective services officer, health practitioner or helper.\nthe modification may, in the case of powers of search, be limited to the exercise of powers in relation to the upper body or lower body of the prisoner.\nA modification requested by a prisoner must be accepted unless the chief executive reasonably believes—\nthe modification—\nis not associated with the genuine needs of the prisoner; or\nis requested for an improper purpose; or\naccommodating the modification—\nwould not be practicable; or\nwould pose an unacceptable risk to the safety or welfare of corrective services officers or other persons; or\nfor a modification of search procedures—accommodating the modification would reduce the effectiveness of the search to an unacceptable extent.\nThe chief executive may withdraw the acceptance of a modification—\nat the request of the prisoner; or\nif the chief executive subsequently forms the opinion that the modification would not now be accepted if it were requested.\nThe chief executive must keep the following records—\na record of each accepted modification for a prisoner;\na record of each decision not to accept a modification requested by a prisoner and the reasons for the decision;\na record of the withdrawal of the acceptance of a modification for a prisoner and the reasons for the withdrawal.\nThe chief executive must, as soon as practicable after a record is made for a prisoner, inform the prisoner of the details of the record.\ns 8B ins 2024 SL No. 187 s 5\n(sec.8B-ssec.1) A prisoner may request the modification of the usual search or urine test sample procedures to take account of the special or diverse needs of the prisoner. To take account of needs associated with gender diversity, sexual orientation or a history of abuse, a prisoner may request a modification to enable powers to be exercised by a female or male corrective services officer, health practitioner or helper. To take account of needs associated with cultural or religious practices, a prisoner may request a modification to enable a headdress to be searched in a particular way. To take account of needs associated with a disability, a prisoner may request a modification to enable a prosthesis to remain in place or be searched in a particular way.\n(sec.8B-ssec.2) The prisoner must be given an opportunity to make the request— on admission to a corrective services facility or as soon as practicable after admission; and within reasonable limits, at a later time.\n(sec.8B-ssec.3) The chief executive must decide whether to accept a modification requested by the prisoner as soon as practicable after the request is made.\n(sec.8B-ssec.4) For a modification of a procedure requiring the exercise of powers by a female or male corrective services officer, health practitioner or helper— the modification is limited to enabling the powers to be exercised by a male rather than female, or a female rather than male, corrective services officer, health practitioner or helper; and See section 8A (2) and (3) in relation to the meaning of the terms female or male corrective services officer, health practitioner or helper. the modification may, in the case of powers of search, be limited to the exercise of powers in relation to the upper body or lower body of the prisoner.\n(sec.8B-ssec.5) A modification requested by a prisoner must be accepted unless the chief executive reasonably believes— the modification— is not associated with the genuine needs of the prisoner; or is requested for an improper purpose; or accommodating the modification— would not be practicable; or would pose an unacceptable risk to the safety or welfare of corrective services officers or other persons; or for a modification of search procedures—accommodating the modification would reduce the effectiveness of the search to an unacceptable extent.\n(sec.8B-ssec.6) The chief executive may withdraw the acceptance of a modification— at the request of the prisoner; or if the chief executive subsequently forms the opinion that the modification would not now be accepted if it were requested.\n(sec.8B-ssec.7) The chief executive must keep the following records— a record of each accepted modification for a prisoner; a record of each decision not to accept a modification requested by a prisoner and the reasons for the decision; a record of the withdrawal of the acceptance of a modification for a prisoner and the reasons for the withdrawal.\n(sec.8B-ssec.8) The chief executive must, as soon as practicable after a record is made for a prisoner, inform the prisoner of the details of the record.\n- 1 To take account of needs associated with gender diversity, sexual orientation or a history of abuse, a prisoner may request a modification to enable powers to be exercised by a female or male corrective services officer, health practitioner or helper.\n- 2 To take account of needs associated with cultural or religious practices, a prisoner may request a modification to enable a headdress to be searched in a particular way.\n- 3 To take account of needs associated with a disability, a prisoner may request a modification to enable a prosthesis to remain in place or be searched in a particular way.\n- (a) on admission to a corrective services facility or as soon as practicable after admission; and\n- (b) within reasonable limits, at a later time.\n- (a) the modification is limited to enabling the powers to be exercised by a male rather than female, or a female rather than male, corrective services officer, health practitioner or helper; and Note— See section 8A (2) and (3) in relation to the meaning of the terms female or male corrective services officer, health practitioner or helper.\n- (b) the modification may, in the case of powers of search, be limited to the exercise of powers in relation to the upper body or lower body of the prisoner.\n- (a) the modification— (i) is not associated with the genuine needs of the prisoner; or (ii) is requested for an improper purpose; or\n- (i) is not associated with the genuine needs of the prisoner; or\n- (ii) is requested for an improper purpose; or\n- (b) accommodating the modification— (i) would not be practicable; or (ii) would pose an unacceptable risk to the safety or welfare of corrective services officers or other persons; or\n- (i) would not be practicable; or\n- (ii) would pose an unacceptable risk to the safety or welfare of corrective services officers or other persons; or\n- (c) for a modification of search procedures—accommodating the modification would reduce the effectiveness of the search to an unacceptable extent.\n- (i) is not associated with the genuine needs of the prisoner; or\n- (ii) is requested for an improper purpose; or\n- (i) would not be practicable; or\n- (ii) would pose an unacceptable risk to the safety or welfare of corrective services officers or other persons; or\n- (a) at the request of the prisoner; or\n- (b) if the chief executive subsequently forms the opinion that the modification would not now be accepted if it were requested.\n- (a) a record of each accepted modification for a prisoner;\n- (b) a record of each decision not to accept a modification requested by a prisoner and the reasons for the decision;\n- (c) a record of the withdrawal of the acceptance of a modification for a prisoner and the reasons for the withdrawal.","sortOrder":15},{"sectionNumber":"sec.8C","sectionType":"section","heading":"Carrying out personal search or search requiring removal of clothing— Act , s 39A","content":"### sec.8C Carrying out personal search or search requiring removal of clothing— Act , s 39A\n\nThis section applies to the following—\na personal search of a prisoner;\na search requiring the removal of clothing of a prisoner.\nSubject to this section, the search must be carried out in accordance with administrative procedures made under section 265 of the Act .\nSubject to subsection (4) —\na prisoner detained in a women’s corrective services facility must be searched by a female corrective services officer; and\na prisoner detained in a men’s corrective services facility must be searched by a male corrective services officer.\nFor a personal search of a prisoner, whether a corrective services officer observing but not carrying out the search is a female or male corrective services officer is irrelevant.\nFor a search requiring the removal of clothing of a prisoner, only corrective services officers carrying out the search may be present—see section 9 .\nThe usual procedure for the search is subject to modifications accepted under section 8B .\nHowever, subsection (4) does not apply if the chief executive reasonably believes accommodating the modification—\nwould pose an unacceptable risk to—\nthe security or good order of the place at which the search is carried out; or\nthe safety or welfare of the prisoner, a corrective services officer or other person; or\nis not practicable.\ns 8C ins 2024 SL No. 187 s 5\n(sec.8C-ssec.1) This section applies to the following— a personal search of a prisoner; a search requiring the removal of clothing of a prisoner.\n(sec.8C-ssec.2) Subject to this section, the search must be carried out in accordance with administrative procedures made under section 265 of the Act .\n(sec.8C-ssec.3) Subject to subsection (4) — a prisoner detained in a women’s corrective services facility must be searched by a female corrective services officer; and a prisoner detained in a men’s corrective services facility must be searched by a male corrective services officer. For a personal search of a prisoner, whether a corrective services officer observing but not carrying out the search is a female or male corrective services officer is irrelevant. For a search requiring the removal of clothing of a prisoner, only corrective services officers carrying out the search may be present—see section 9 .\n(sec.8C-ssec.4) The usual procedure for the search is subject to modifications accepted under section 8B .\n(sec.8C-ssec.5) However, subsection (4) does not apply if the chief executive reasonably believes accommodating the modification— would pose an unacceptable risk to— the security or good order of the place at which the search is carried out; or the safety or welfare of the prisoner, a corrective services officer or other person; or is not practicable.\n- (a) a personal search of a prisoner;\n- (b) a search requiring the removal of clothing of a prisoner.\n- (a) a prisoner detained in a women’s corrective services facility must be searched by a female corrective services officer; and\n- (b) a prisoner detained in a men’s corrective services facility must be searched by a male corrective services officer.\n- (a) would pose an unacceptable risk to— (i) the security or good order of the place at which the search is carried out; or (ii) the safety or welfare of the prisoner, a corrective services officer or other person; or\n- (i) the security or good order of the place at which the search is carried out; or\n- (ii) the safety or welfare of the prisoner, a corrective services officer or other person; or\n- (b) is not practicable.\n- (i) the security or good order of the place at which the search is carried out; or\n- (ii) the safety or welfare of the prisoner, a corrective services officer or other person; or","sortOrder":16},{"sectionNumber":"sec.9","sectionType":"section","heading":"Additional requirements for search requiring removal of clothing— Act , s 39A","content":"### sec.9 Additional requirements for search requiring removal of clothing— Act , s 39A\n\nA search requiring the removal of a prisoner’s clothing must not be carried out in the presence of a person other than the corrective services officers carrying out the search.\nIf the prisoner is detained in a women’s corrective services facility, steps must be taken to ensure that no male corrective services officer views the search through an electronic device that monitors the area in which the prisoner is searched.\nIf the prisoner is detained in a men’s corrective services facility, steps must be taken to ensure that no female corrective services officer views the search through an electronic device that monitors the area in which the prisoner is searched.\nHowever, subsections (2) and (3) do not apply if the chief executive reasonably believes—\nthere is no suitable corrective services officer readily available to view the search through the electronic device that monitors the area in which the prisoner is searched; and\nthe search is being conducted in circumstances of imminent risk to the life or safety of the prisoner or a corrective services officer.\nA corrective services officer carrying out the search may require the prisoner to do any or all of the following—\nhold the prisoner’s arms in the air;\nstand with prisoner’s legs apart;\nlean forward.\ns 9 amd 2024 SL No. 187 s 6\n(sec.9-ssec.1) A search requiring the removal of a prisoner’s clothing must not be carried out in the presence of a person other than the corrective services officers carrying out the search.\n(sec.9-ssec.2) If the prisoner is detained in a women’s corrective services facility, steps must be taken to ensure that no male corrective services officer views the search through an electronic device that monitors the area in which the prisoner is searched.\n(sec.9-ssec.3) If the prisoner is detained in a men’s corrective services facility, steps must be taken to ensure that no female corrective services officer views the search through an electronic device that monitors the area in which the prisoner is searched.\n(sec.9-ssec.4) However, subsections (2) and (3) do not apply if the chief executive reasonably believes— there is no suitable corrective services officer readily available to view the search through the electronic device that monitors the area in which the prisoner is searched; and the search is being conducted in circumstances of imminent risk to the life or safety of the prisoner or a corrective services officer.\n(sec.9-ssec.5) A corrective services officer carrying out the search may require the prisoner to do any or all of the following— hold the prisoner’s arms in the air; stand with prisoner’s legs apart; lean forward.\n- (a) there is no suitable corrective services officer readily available to view the search through the electronic device that monitors the area in which the prisoner is searched; and\n- (b) the search is being conducted in circumstances of imminent risk to the life or safety of the prisoner or a corrective services officer.\n- (a) hold the prisoner’s arms in the air;\n- (b) stand with prisoner’s legs apart;\n- (c) lean forward.","sortOrder":17},{"sectionNumber":"sec.10","sectionType":"section","heading":"Dealing with recording of search requiring removal of clothing","content":"### sec.10 Dealing with recording of search requiring removal of clothing\n\nThe chief executive must ensure that a recording made of a search requiring the removal of clothing is kept securely.\nA person must not show a recording made of a search requiring the removal of clothing to another person other than—\nthe prisoner or the prisoner’s lawyer; or\na health practitioner treating the prisoner; or\na person responsible for deciding if a proceeding is to be started for a search offence; or\nan officer of a law enforcement agency investigating a search offence; or\nan officer of a law enforcement agency, lawyer, prosecutor or witness involved in a proceeding for a search offence; or\na court; or\nthe chief executive or a person directed by the chief executive to view the recording; or\nthe chief inspector; or\nan official visitor; or\na commissioner of the Crime and Corruption Commission; or\nthe ombudsman; or\nthe inspector of detention services; or\na person to whom the prisoner has consented to the recording being given.\nMaximum penalty—20 penalty units.\nIn this section—\nsearch offence means—\nan offence involving something found during a search requiring the removal of clothing; or\nan offence committed during a search requiring the removal of clothing.\ns 10 amd 2023 Act No. 14 s 52 sch 1 ; 2023 SL No. 28 s 7 ; 2024 SL No. 187 s 7\n(sec.10-ssec.1) The chief executive must ensure that a recording made of a search requiring the removal of clothing is kept securely.\n(sec.10-ssec.2) A person must not show a recording made of a search requiring the removal of clothing to another person other than— the prisoner or the prisoner’s lawyer; or a health practitioner treating the prisoner; or a person responsible for deciding if a proceeding is to be started for a search offence; or an officer of a law enforcement agency investigating a search offence; or an officer of a law enforcement agency, lawyer, prosecutor or witness involved in a proceeding for a search offence; or a court; or the chief executive or a person directed by the chief executive to view the recording; or the chief inspector; or an official visitor; or a commissioner of the Crime and Corruption Commission; or the ombudsman; or the inspector of detention services; or a person to whom the prisoner has consented to the recording being given. Maximum penalty—20 penalty units.\n(sec.10-ssec.3) In this section— search offence means— an offence involving something found during a search requiring the removal of clothing; or an offence committed during a search requiring the removal of clothing.\n- (a) the prisoner or the prisoner’s lawyer; or\n- (b) a health practitioner treating the prisoner; or\n- (c) a person responsible for deciding if a proceeding is to be started for a search offence; or\n- (d) an officer of a law enforcement agency investigating a search offence; or\n- (e) an officer of a law enforcement agency, lawyer, prosecutor or witness involved in a proceeding for a search offence; or\n- (f) a court; or\n- (g) the chief executive or a person directed by the chief executive to view the recording; or\n- (h) the chief inspector; or\n- (i) an official visitor; or\n- (j) a commissioner of the Crime and Corruption Commission; or\n- (k) the ombudsman; or\n- (l) the inspector of detention services; or\n- (m) a person to whom the prisoner has consented to the recording being given.\n- (a) an offence involving something found during a search requiring the removal of clothing; or\n- (b) an offence committed during a search requiring the removal of clothing.","sortOrder":18},{"sectionNumber":"sec.10A","sectionType":"section","heading":"Conduct of body search— Act , s 39A","content":"### sec.10A Conduct of body search— Act , s 39A\n\nThis section applies to a body search of a prisoner.\nSubject to this section, the search must be conducted in accordance with administrative procedures made under section 265 of the Act .\nSubject to this section—\nif the prisoner is detained in a women’s corrective services facility—\nat least 1 of the health practitioners present at the search must be a female health practitioner; and\na person helping to conduct the search must be a female helper; and\nif the prisoner is detained in a men’s corrective services facility—\nat least 1 of the health practitioners present at the search must be a male health practitioner; and\na person helping to conduct the search must be a male helper.\nThe usual procedure for the search is subject to modifications accepted under section 8B .\nHowever, subsections (3) and (4) do not apply in an emergency.\ns 10A ins 2024 SL No. 187 s 8\n(sec.10A-ssec.1) This section applies to a body search of a prisoner.\n(sec.10A-ssec.2) Subject to this section, the search must be conducted in accordance with administrative procedures made under section 265 of the Act .\n(sec.10A-ssec.3) Subject to this section— if the prisoner is detained in a women’s corrective services facility— at least 1 of the health practitioners present at the search must be a female health practitioner; and a person helping to conduct the search must be a female helper; and if the prisoner is detained in a men’s corrective services facility— at least 1 of the health practitioners present at the search must be a male health practitioner; and a person helping to conduct the search must be a male helper.\n(sec.10A-ssec.4) The usual procedure for the search is subject to modifications accepted under section 8B .\n(sec.10A-ssec.5) However, subsections (3) and (4) do not apply in an emergency.\n- (a) if the prisoner is detained in a women’s corrective services facility— (i) at least 1 of the health practitioners present at the search must be a female health practitioner; and (ii) a person helping to conduct the search must be a female helper; and\n- (i) at least 1 of the health practitioners present at the search must be a female health practitioner; and\n- (ii) a person helping to conduct the search must be a female helper; and\n- (b) if the prisoner is detained in a men’s corrective services facility— (i) at least 1 of the health practitioners present at the search must be a male health practitioner; and (ii) a person helping to conduct the search must be a male helper.\n- (i) at least 1 of the health practitioners present at the search must be a male health practitioner; and\n- (ii) a person helping to conduct the search must be a male helper.\n- (i) at least 1 of the health practitioners present at the search must be a female health practitioner; and\n- (ii) a person helping to conduct the search must be a female helper; and\n- (i) at least 1 of the health practitioners present at the search must be a male health practitioner; and\n- (ii) a person helping to conduct the search must be a male helper.","sortOrder":19},{"sectionNumber":"sec.11","sectionType":"section","heading":"Urinalysis— Act , s 42","content":"### sec.11 Urinalysis— Act , s 42\n\nThis section applies to the giving of a test sample of urine by an offender.\nThe purpose of observation of an offender while the test sample is being given is to confirm the test sample belongs to the offender and is not tampered with.\nSubject to this section, the testing process must be carried out in accordance with administrative procedures made under section 265 of the Act .\nAt least 2 qualified corrective services officers must be present during the giving of the test sample.\nA corrective services officer who is not a qualified corrective services officer must not be present during the giving of the test sample.\nIf the offender is detained—\nat least 1 of the corrective services officers must observe the offender while the test sample is being given; and\nsubject to paragraph (c) —\nfor an offender detained in a women’s corrective services facility—the officer observing must be a female corrective services officer; and\nfor an offender detained in a men’s corrective services facility—the officer observing must be a male corrective services officer; and\nthe usual procedure is subject to modifications accepted under section 8B unless the chief executive reasonably believes accommodating the modification—\nwould pose an unacceptable risk to the safety or welfare of the observer; or\nis not practicable.\nIf the offender is not detained, observation of the offender while the test sample is being given is at the discretion of the chief executive.\nIf the offender is not detained and a corrective services officer is to observe the offender while the test sample is being given—\nthe offender must be given a reasonable opportunity to request that the observer be a female corrective services officer or a male corrective services officer; and\nthe request must be accommodated unless the chief executive reasonably believes—\nthe request is made for an improper purpose; or\naccommodating the request—\nwould pose an unacceptable risk to the safety or welfare of the observer; or\nis not practicable.\nA corrective services officer who is present during the test but who is not to observe the offender while the test sample is being given must be able to see the observer.\ns 11 sub 2024 SL No. 187 s 10\n(sec.11-ssec.1) This section applies to the giving of a test sample of urine by an offender.\n(sec.11-ssec.2) The purpose of observation of an offender while the test sample is being given is to confirm the test sample belongs to the offender and is not tampered with.\n(sec.11-ssec.3) Subject to this section, the testing process must be carried out in accordance with administrative procedures made under section 265 of the Act .\n(sec.11-ssec.4) At least 2 qualified corrective services officers must be present during the giving of the test sample.\n(sec.11-ssec.5) A corrective services officer who is not a qualified corrective services officer must not be present during the giving of the test sample.\n(sec.11-ssec.6) If the offender is detained— at least 1 of the corrective services officers must observe the offender while the test sample is being given; and subject to paragraph (c) — for an offender detained in a women’s corrective services facility—the officer observing must be a female corrective services officer; and for an offender detained in a men’s corrective services facility—the officer observing must be a male corrective services officer; and the usual procedure is subject to modifications accepted under section 8B unless the chief executive reasonably believes accommodating the modification— would pose an unacceptable risk to the safety or welfare of the observer; or is not practicable.\n(sec.11-ssec.7) If the offender is not detained, observation of the offender while the test sample is being given is at the discretion of the chief executive.\n(sec.11-ssec.8) If the offender is not detained and a corrective services officer is to observe the offender while the test sample is being given— the offender must be given a reasonable opportunity to request that the observer be a female corrective services officer or a male corrective services officer; and the request must be accommodated unless the chief executive reasonably believes— the request is made for an improper purpose; or accommodating the request— would pose an unacceptable risk to the safety or welfare of the observer; or is not practicable.\n(sec.11-ssec.9) A corrective services officer who is present during the test but who is not to observe the offender while the test sample is being given must be able to see the observer.\n- (a) at least 1 of the corrective services officers must observe the offender while the test sample is being given; and\n- (b) subject to paragraph (c) — (i) for an offender detained in a women’s corrective services facility—the officer observing must be a female corrective services officer; and (ii) for an offender detained in a men’s corrective services facility—the officer observing must be a male corrective services officer; and\n- (i) for an offender detained in a women’s corrective services facility—the officer observing must be a female corrective services officer; and\n- (ii) for an offender detained in a men’s corrective services facility—the officer observing must be a male corrective services officer; and\n- (c) the usual procedure is subject to modifications accepted under section 8B unless the chief executive reasonably believes accommodating the modification— (i) would pose an unacceptable risk to the safety or welfare of the observer; or (ii) is not practicable.\n- (i) would pose an unacceptable risk to the safety or welfare of the observer; or\n- (ii) is not practicable.\n- (i) for an offender detained in a women’s corrective services facility—the officer observing must be a female corrective services officer; and\n- (ii) for an offender detained in a men’s corrective services facility—the officer observing must be a male corrective services officer; and\n- (i) would pose an unacceptable risk to the safety or welfare of the observer; or\n- (ii) is not practicable.\n- (a) the offender must be given a reasonable opportunity to request that the observer be a female corrective services officer or a male corrective services officer; and\n- (b) the request must be accommodated unless the chief executive reasonably believes— (i) the request is made for an improper purpose; or (ii) accommodating the request— (A) would pose an unacceptable risk to the safety or welfare of the observer; or (B) is not practicable.\n- (i) the request is made for an improper purpose; or\n- (ii) accommodating the request— (A) would pose an unacceptable risk to the safety or welfare of the observer; or (B) is not practicable.\n- (A) would pose an unacceptable risk to the safety or welfare of the observer; or\n- (B) is not practicable.\n- (i) the request is made for an improper purpose; or\n- (ii) accommodating the request— (A) would pose an unacceptable risk to the safety or welfare of the observer; or (B) is not practicable.\n- (A) would pose an unacceptable risk to the safety or welfare of the observer; or\n- (B) is not practicable.\n- (A) would pose an unacceptable risk to the safety or welfare of the observer; or\n- (B) is not practicable.","sortOrder":20},{"sectionNumber":"sec.12","sectionType":"section","heading":"How test sample must be taken— Act , s 42","content":"### sec.12 How test sample must be taken— Act , s 42\n\nA corrective services officer taking a test sample from an offender must wear disposable gloves during all stages of taking the test sample until—\nthe test sample is disposed of; or\nthe container holding the test sample is sealed.\nThe offender must be able to observe the test sample at all times until it is disposed of or sealed in a container.\nImmediately after an offender gives a test sample by using a specimen jar, the offender must secure the lid on the jar and hand the jar to a corrective services officer.\nUnder section 42 (2) of the Act , only a health practitioner may take a test sample of blood.\ns 12 amd 2023 Act No. 14 s 52 sch 1 ; 2024 SL No. 187 s 11\n(sec.12-ssec.1) A corrective services officer taking a test sample from an offender must wear disposable gloves during all stages of taking the test sample until— the test sample is disposed of; or the container holding the test sample is sealed.\n(sec.12-ssec.2) The offender must be able to observe the test sample at all times until it is disposed of or sealed in a container.\n(sec.12-ssec.3) Immediately after an offender gives a test sample by using a specimen jar, the offender must secure the lid on the jar and hand the jar to a corrective services officer. Under section 42 (2) of the Act , only a health practitioner may take a test sample of blood.\n- (a) the test sample is disposed of; or\n- (b) the container holding the test sample is sealed.","sortOrder":21},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Transfer and leave of absence","content":"## Transfer and leave of absence","sortOrder":22},{"sectionNumber":"sec.13","sectionType":"section","heading":"Transfer to another corrective services facility or a health institution","content":"### sec.13 Transfer to another corrective services facility or a health institution\n\nA prisoner who is transferred to another corrective services facility or place, under an order made under section 68 (1) of the Act , may make 1 phone call and post 1 letter at the chief executive’s expense.\nIf a prisoner asks for an order for the prisoner’s transfer to be made under section 68 (1) of the Act and the order is not made, the chief executive must tell the prisoner about the decision.\n(sec.13-ssec.1) A prisoner who is transferred to another corrective services facility or place, under an order made under section 68 (1) of the Act , may make 1 phone call and post 1 letter at the chief executive’s expense.\n(sec.13-ssec.2) If a prisoner asks for an order for the prisoner’s transfer to be made under section 68 (1) of the Act and the order is not made, the chief executive must tell the prisoner about the decision.","sortOrder":23},{"sectionNumber":"sec.14","sectionType":"section","heading":"Purposes for interstate leave permit— Act , s 89","content":"### sec.14 Purposes for interstate leave permit— Act , s 89\n\nFor section 89 (1) of the Act , the purposes are—\nto enable a prisoner to visit a person with whom the prisoner has had a longstanding personal relationship, if the person is seriously ill; and\nto enable a prisoner to attend the funeral of a person with whom the prisoner has had a longstanding personal relationship; and\nto enable a prisoner to do something else for compassionate reasons.\n- (a) to enable a prisoner to visit a person with whom the prisoner has had a longstanding personal relationship, if the person is seriously ill; and\n- (b) to enable a prisoner to attend the funeral of a person with whom the prisoner has had a longstanding personal relationship; and\n- (c) to enable a prisoner to do something else for compassionate reasons.","sortOrder":24},{"sectionNumber":"sec.15","sectionType":"section","heading":"Declaration of corresponding laws— Act , s 96","content":"### sec.15 Declaration of corresponding laws— Act , s 96\n\nFor section 96 of the Act , each of the following is declared to be a corresponding law for chapter 2 , part 2 , division 9 of the Act —\nthe Correctional Services Act 1982 (SA) , part 4 , division 5\nthe Correctional Services Act (NT) , part 3.3 , division 3\nthe Corrections Act 1986 (Vic) , part 8A\nthe Corrections Act 1997 (Tas) , part 6\nthe Crimes (Administration of Sentences) Act 1999 (NSW) , part 2 , division 3\nthe Crimes (Sentence Administration) Act 2005 (ACT) , chapter 11 , part 11.1\nthe Prisons Regulations 1982 (WA) , part V , division 10 .\nChapter 2 , part 2 , division 9 of the Act deals with interstate leave of absence for prisoners.\n- • the Correctional Services Act 1982 (SA) , part 4 , division 5\n- • the Correctional Services Act (NT) , part 3.3 , division 3\n- • the Corrections Act 1986 (Vic) , part 8A\n- • the Corrections Act 1997 (Tas) , part 6\n- • the Crimes (Administration of Sentences) Act 1999 (NSW) , part 2 , division 3\n- • the Crimes (Sentence Administration) Act 2005 (ACT) , chapter 11 , part 11.1\n- • the Prisons Regulations 1982 (WA) , part V , division 10 .","sortOrder":25},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Other provisions about prisoners","content":"## Other provisions about prisoners","sortOrder":26},{"sectionNumber":"sec.16","sectionType":"section","heading":"Maximum security order","content":"### sec.16 Maximum security order\n\nIf the chief executive knows, or reasonably believes, that a prisoner has a mental health condition or intellectual disability, the chief executive must notify a health practitioner before making a maximum security order in relation to the prisoner.","sortOrder":27},{"sectionNumber":"sec.17","sectionType":"section","heading":"Privileged mail","content":"### sec.17 Privileged mail\n\nFor schedule 4 of the Act , definition privileged mail , the following are the persons—\nthe Minister;\na member of the Legislative Assembly;\nthe chief executive or a nominee of the chief executive for the purpose of receiving or sending privileged mail;\nthe chief inspector;\nthe ombudsman under the Ombudsman Act 2001 ;\nthe Commonwealth Ombudsman;\nthe health ombudsman under the Health Ombudsman Act 2013 ;\nthe information commissioner and RTI commissioner under the Right to Information Act 2009 and the privacy commissioner under the Information Privacy Act 2009 ;\nthe Attorney-General of the Commonwealth;\nthe commissioner under the Anti-Discrimination Act 1991 ;\nThe commissioner also has powers under the Human Rights Act 2019 .\nthe president of the Human Rights and Equal Opportunity Commission;\nthe director of public prosecutions under the Director of Public Prosecutions Act 1984 ;\nthe principal registrar, a registrar or other administrative staff of the Queensland Civil and Administrative Tribunal Registry under the QCAT Act ;\nthe public guardian under the Public Guardian Act 2014 ;\na person appointed under the Public Guardian Act 2014 as a community visitor (child);\na person appointed under the Public Guardian Act 2014 as a child advocacy officer;\na member of a Royal Commission or another commission of inquiry;\na registrar or clerk of a court;\nan officer of the Parole Board Queensland Secretariat;\nan officer of a law enforcement agency;\nan official visitor;\na prisoner’s lawyer;\nthe chief executive officer of the National Disability Insurance Agency;\nthe commissioner of the NDIS Quality and Safeguards Commission under the National Disability Insurance Scheme Act 2013 (Cwlth) ;\nthe inspector of detention services;\nan officer of the Commonwealth department in which the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) is administered.\nA prisoner must, if practicable, send privileged mail in a blue envelope to help in identifying it as privileged mail.\nA corrective services officer must give a prisoner a blue envelope on request.\nIn this section—\nNational Disability Insurance Agency means the Agency under the National Disability Insurance Scheme Act 2013 (Cwlth) .\ns 17 amd 2019 Act No. 5 s 131 ; 2021 SL No. 97 s 3 ; 2023 SL No. 28 s 8 ; 2024 SL No. 72 s 3\n(sec.17-ssec.1) For schedule 4 of the Act , definition privileged mail , the following are the persons— the Minister; a member of the Legislative Assembly; the chief executive or a nominee of the chief executive for the purpose of receiving or sending privileged mail; the chief inspector; the ombudsman under the Ombudsman Act 2001 ; the Commonwealth Ombudsman; the health ombudsman under the Health Ombudsman Act 2013 ; the information commissioner and RTI commissioner under the Right to Information Act 2009 and the privacy commissioner under the Information Privacy Act 2009 ; the Attorney-General of the Commonwealth; the commissioner under the Anti-Discrimination Act 1991 ; The commissioner also has powers under the Human Rights Act 2019 . the president of the Human Rights and Equal Opportunity Commission; the director of public prosecutions under the Director of Public Prosecutions Act 1984 ; the principal registrar, a registrar or other administrative staff of the Queensland Civil and Administrative Tribunal Registry under the QCAT Act ; the public guardian under the Public Guardian Act 2014 ; a person appointed under the Public Guardian Act 2014 as a community visitor (child); a person appointed under the Public Guardian Act 2014 as a child advocacy officer; a member of a Royal Commission or another commission of inquiry; a registrar or clerk of a court; an officer of the Parole Board Queensland Secretariat; an officer of a law enforcement agency; an official visitor; a prisoner’s lawyer; the chief executive officer of the National Disability Insurance Agency; the commissioner of the NDIS Quality and Safeguards Commission under the National Disability Insurance Scheme Act 2013 (Cwlth) ; the inspector of detention services; an officer of the Commonwealth department in which the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) is administered.\n(sec.17-ssec.2) A prisoner must, if practicable, send privileged mail in a blue envelope to help in identifying it as privileged mail.\n(sec.17-ssec.3) A corrective services officer must give a prisoner a blue envelope on request.\n(sec.17-ssec.4) In this section— National Disability Insurance Agency means the Agency under the National Disability Insurance Scheme Act 2013 (Cwlth) .\n- (a) the Minister;\n- (b) a member of the Legislative Assembly;\n- (c) the chief executive or a nominee of the chief executive for the purpose of receiving or sending privileged mail;\n- (d) the chief inspector;\n- (e) the ombudsman under the Ombudsman Act 2001 ;\n- (f) the Commonwealth Ombudsman;\n- (g) the health ombudsman under the Health Ombudsman Act 2013 ;\n- (h) the information commissioner and RTI commissioner under the Right to Information Act 2009 and the privacy commissioner under the Information Privacy Act 2009 ;\n- (i) the Attorney-General of the Commonwealth;\n- (j) the commissioner under the Anti-Discrimination Act 1991 ; Note— The commissioner also has powers under the Human Rights Act 2019 .\n- (k) the president of the Human Rights and Equal Opportunity Commission;\n- (l) the director of public prosecutions under the Director of Public Prosecutions Act 1984 ;\n- (m) the principal registrar, a registrar or other administrative staff of the Queensland Civil and Administrative Tribunal Registry under the QCAT Act ;\n- (n) the public guardian under the Public Guardian Act 2014 ;\n- (o) a person appointed under the Public Guardian Act 2014 as a community visitor (child);\n- (p) a person appointed under the Public Guardian Act 2014 as a child advocacy officer;\n- (q) a member of a Royal Commission or another commission of inquiry;\n- (r) a registrar or clerk of a court;\n- (s) an officer of the Parole Board Queensland Secretariat;\n- (t) an officer of a law enforcement agency;\n- (u) an official visitor;\n- (v) a prisoner’s lawyer;\n- (w) the chief executive officer of the National Disability Insurance Agency;\n- (x) the commissioner of the NDIS Quality and Safeguards Commission under the National Disability Insurance Scheme Act 2013 (Cwlth) ;\n- (y) the inspector of detention services;\n- (z) an officer of the Commonwealth department in which the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) is administered.","sortOrder":28},{"sectionNumber":"sec.18","sectionType":"section","heading":"Privileges— Act , sch 4 , definition privileges","content":"### sec.18 Privileges— Act , sch 4 , definition privileges\n\nFor schedule 4 of the Act , definition privileges , the following are privileges for a prisoner—\nparticipating in an activity, course or program;\nmaking or receiving phone calls, other than phone calls to or from—\nthe prisoner’s lawyer; or\nthe ombudsman; or\nthe inspector of detention services;\nassociating with a particular prisoner or group of prisoners;\nusing electronic media or an entertainment device;\nusing a musical instrument;\nusing library facilities;\nbuying anything other than essential toiletries, writing materials and stamps;\naccessing the prisoner’s property;\nreceiving a contact visit.\ns 18 amd 2023 SL No. 28 s 9\n- (a) participating in an activity, course or program;\n- (b) making or receiving phone calls, other than phone calls to or from— (i) the prisoner’s lawyer; or (ii) the ombudsman; or (iii) the inspector of detention services;\n- (i) the prisoner’s lawyer; or\n- (ii) the ombudsman; or\n- (iii) the inspector of detention services;\n- (c) associating with a particular prisoner or group of prisoners;\n- (d) using electronic media or an entertainment device;\n- (e) using a musical instrument;\n- (f) using library facilities;\n- (g) buying anything other than essential toiletries, writing materials and stamps;\n- (h) accessing the prisoner’s property;\n- (i) receiving a contact visit.\n- (i) the prisoner’s lawyer; or\n- (ii) the ombudsman; or\n- (iii) the inspector of detention services;","sortOrder":29},{"sectionNumber":"sec.19","sectionType":"section","heading":"Prohibited things— Act , s 123","content":"### sec.19 Prohibited things— Act , s 123\n\nFor section 123 (1) of the Act , each of the following is a prohibited thing—\na weapon, replica of a weapon or other replica under the Weapons Act 1990 ;\nan explosive or ammunition under the Explosives Act 1999 ;\na flammable substance;\nanything capable of being used to scale a fence, wall, door or gate;\ngrappling hook, ladder, rope\nanything capable of cutting or spreading metal bars;\nanything capable of damaging or destroying a fitting or fixture designed to detain prisoners;\na key, card, or other device capable of opening a mechanical or electronic lock;\nsoap or another substance containing an impression of a prohibited thing, including, for example, a key;\na knife, a saw, scissors or another cutting implement;\nkitchen utensils or equipment or tools;\na spirituous or fermented fluid or substance of an intoxicating nature;\na drug or medicine;\na syringe or other device capable of administering a drug;\ncash, a credit card, debit card, cheque or money order or another negotiable instrument;\na document containing a person’s credit card or debit card details;\na form of identification, including, for example, false identification;\na passport, or a document that appears to be a passport\nanything capable of being used to alter a prisoner’s appearance so that it significantly differs from the prisoner’s appearance described in the record kept under section 10 of the Act ;\na tattooing device\na communication device;\na computer, modem, phone, radio, radio scanner or universal serial bus (commonly known as a ‘usb’)\na device capable of enabling a prisoner to access information that could be a risk to the security of a corrective services facility;\na computer game classified as an “R 18+” computer game under the Classification of Computer Games and Images Act 1995 , an objectionable computer game under that Act, or a computer game that, if it were classified under that Act, would be classified as an “R 18+” computer game or an objectionable computer game;\na film classified as an “R 18+” film under the Classification of Films Act 1991 , an objectionable film under that Act, or a film that, if it were classified under that Act, would be classified as an “R 18+” film or an objectionable film;\na prohibited publication under the Classification of Publications Act 1991 ;\nanything modified from its usual form to enable something to be concealed in it;\nanything that poses a risk to the security or good order of a corrective services facility, including, for example, a drawing, plan or photo of the facility;\na smoking product under the Tobacco and Other Smoking Products Act 1998 , section 88 ;\na smokeless tobacco product under the Tobacco and Other Smoking Products Act 1998 ;\na drone;\na device for remotely piloting, or otherwise controlling, a drone;\nany part of a thing mentioned in paragraphs (a) to (zab) .\nIn this section—\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.\ns 19 amd 2018 SL No. 6 s 4 ; 2023 Act No. 14 s 38 ; 2021 SL No. 111 s 18 (amd 2023 SL No. 82 s 13 )\n(sec.19-ssec.1) For section 123 (1) of the Act , each of the following is a prohibited thing— a weapon, replica of a weapon or other replica under the Weapons Act 1990 ; an explosive or ammunition under the Explosives Act 1999 ; a flammable substance; anything capable of being used to scale a fence, wall, door or gate; grappling hook, ladder, rope anything capable of cutting or spreading metal bars; anything capable of damaging or destroying a fitting or fixture designed to detain prisoners; a key, card, or other device capable of opening a mechanical or electronic lock; soap or another substance containing an impression of a prohibited thing, including, for example, a key; a knife, a saw, scissors or another cutting implement; kitchen utensils or equipment or tools; a spirituous or fermented fluid or substance of an intoxicating nature; a drug or medicine; a syringe or other device capable of administering a drug; cash, a credit card, debit card, cheque or money order or another negotiable instrument; a document containing a person’s credit card or debit card details; a form of identification, including, for example, false identification; a passport, or a document that appears to be a passport anything capable of being used to alter a prisoner’s appearance so that it significantly differs from the prisoner’s appearance described in the record kept under section 10 of the Act ; a tattooing device a communication device; a computer, modem, phone, radio, radio scanner or universal serial bus (commonly known as a ‘usb’) a device capable of enabling a prisoner to access information that could be a risk to the security of a corrective services facility; a computer game classified as an “R 18+” computer game under the Classification of Computer Games and Images Act 1995 , an objectionable computer game under that Act, or a computer game that, if it were classified under that Act, would be classified as an “R 18+” computer game or an objectionable computer game; a film classified as an “R 18+” film under the Classification of Films Act 1991 , an objectionable film under that Act, or a film that, if it were classified under that Act, would be classified as an “R 18+” film or an objectionable film; a prohibited publication under the Classification of Publications Act 1991 ; anything modified from its usual form to enable something to be concealed in it; anything that poses a risk to the security or good order of a corrective services facility, including, for example, a drawing, plan or photo of the facility; a smoking product under the Tobacco and Other Smoking Products Act 1998 , section 88 ; a smokeless tobacco product under the Tobacco and Other Smoking Products Act 1998 ; a drone; a device for remotely piloting, or otherwise controlling, a drone; any part of a thing mentioned in paragraphs (a) to (zab) .\n(sec.19-ssec.2) In this section— 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.\n- (a) a weapon, replica of a weapon or other replica under the Weapons Act 1990 ;\n- (b) an explosive or ammunition under the Explosives Act 1999 ;\n- (c) a flammable substance;\n- (d) anything capable of being used to scale a fence, wall, door or gate; Examples— grappling hook, ladder, rope\n- (e) anything capable of cutting or spreading metal bars;\n- (f) anything capable of damaging or destroying a fitting or fixture designed to detain prisoners;\n- (g) a key, card, or other device capable of opening a mechanical or electronic lock;\n- (h) soap or another substance containing an impression of a prohibited thing, including, for example, a key;\n- (i) a knife, a saw, scissors or another cutting implement;\n- (j) kitchen utensils or equipment or tools;\n- (k) a spirituous or fermented fluid or substance of an intoxicating nature;\n- (l) a drug or medicine;\n- (m) a syringe or other device capable of administering a drug;\n- (n) cash, a credit card, debit card, cheque or money order or another negotiable instrument;\n- (o) a document containing a person’s credit card or debit card details;\n- (p) a form of identification, including, for example, false identification; Example— a passport, or a document that appears to be a passport\n- (q) anything capable of being used to alter a prisoner’s appearance so that it significantly differs from the prisoner’s appearance described in the record kept under section 10 of the Act ; Example— a tattooing device\n- (r) a communication device; Example— a computer, modem, phone, radio, radio scanner or universal serial bus (commonly known as a ‘usb’)\n- (s) a device capable of enabling a prisoner to access information that could be a risk to the security of a corrective services facility;\n- (t) a computer game classified as an “R 18+” computer game under the Classification of Computer Games and Images Act 1995 , an objectionable computer game under that Act, or a computer game that, if it were classified under that Act, would be classified as an “R 18+” computer game or an objectionable computer game;\n- (u) a film classified as an “R 18+” film under the Classification of Films Act 1991 , an objectionable film under that Act, or a film that, if it were classified under that Act, would be classified as an “R 18+” film or an objectionable film;\n- (v) a prohibited publication under the Classification of Publications Act 1991 ;\n- (w) anything modified from its usual form to enable something to be concealed in it;\n- (x) anything that poses a risk to the security or good order of a corrective services facility, including, for example, a drawing, plan or photo of the facility;\n- (y) a smoking product under the Tobacco and Other Smoking Products Act 1998 , section 88 ;\n- (z) a smokeless tobacco product under the Tobacco and Other Smoking Products Act 1998 ;\n- (zaa) a drone;\n- (zab) a device for remotely piloting, or otherwise controlling, a drone;\n- (za) any part of a thing mentioned in paragraphs (a) to (zab) .\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.","sortOrder":30},{"sectionNumber":"sec.20","sectionType":"section","heading":"Records of prisoners’ deaths— Act , s 24","content":"### sec.20 Records of prisoners’ deaths— Act , s 24\n\nFor section 24 (2) of the Act , the following are the records—\nthe prisoner’s name and identification number;\nthe time, date and place of the prisoner’s death;\nthe times and dates on which the persons mentioned in section 24 (1) of the Act were notified of the prisoner’s death;\nthe date inspectors were appointed under section 295 of the Act to investigate the prisoner’s death and the inspectors’ names;\nthe cause of death recorded on the cause of death certificate issued under the Births, Deaths and Marriages Registration Act 2023 .\ns 20 amd 2023 Act No. 17 s 182 s ch 3 pt 1\n- (a) the prisoner’s name and identification number;\n- (b) the time, date and place of the prisoner’s death;\n- (c) the times and dates on which the persons mentioned in section 24 (1) of the Act were notified of the prisoner’s death;\n- (d) the date inspectors were appointed under section 295 of the Act to investigate the prisoner’s death and the inspectors’ names;\n- (e) the cause of death recorded on the cause of death certificate issued under the Births, Deaths and Marriages Registration Act 2023 .","sortOrder":31},{"sectionNumber":"pt.3","sectionType":"part","heading":"Corrective services facilities","content":"# Corrective services facilities","sortOrder":32},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Establishing prisons","content":"## Establishing prisons","sortOrder":33},{"sectionNumber":"sec.21","sectionType":"section","heading":"Establishment— Act , s 149","content":"### sec.21 Establishment— Act , s 149\n\nFor section 149 (1) of the Act —\neach place described in schedule 1 , column 2 is declared to be a prison; and\nthe name assigned to the prison is the name stated opposite the place in schedule 1 , column 1.\nA plan mentioned in schedule 1 is a plan registered in the department in which the Land Title Act 1994 is administered.\n(sec.21-ssec.1) For section 149 (1) of the Act — each place described in schedule 1 , column 2 is declared to be a prison; and the name assigned to the prison is the name stated opposite the place in schedule 1 , column 1.\n(sec.21-ssec.2) A plan mentioned in schedule 1 is a plan registered in the department in which the Land Title Act 1994 is administered.\n- (a) each place described in schedule 1 , column 2 is declared to be a prison; and\n- (b) the name assigned to the prison is the name stated opposite the place in schedule 1 , column 1.","sortOrder":34},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Visiting corrective services facilities","content":"## Visiting corrective services facilities","sortOrder":35},{"sectionNumber":"sec.22","sectionType":"section","heading":"Visitor identification— Act , s 160","content":"### sec.22 Visitor identification— Act , s 160\n\nFor section 160 (1) of the Act , the way in which each visitor is to prove the visitor’s identity is—\nby producing any 3 of the following—\na current debit card, credit card or bankbook with the visitor’s name and signature;\nthe visitor’s current pension card or other social security card;\nthe visitor’s current medicare card;\nthe visitor’s birth certificate;\na statutory declaration witnessed by a justice of the peace or commissioner for declarations identifying the visitor by name and signature; or\nthe visitor’s current driver’s licence; or\na letter identifying the visitor by name, signed by a member of an Aboriginal or Torres Strait Islander organisation; or\nan identification card, containing the visitor’s photo, issued by—\nthe chief executive; or\na law enforcement agency; or\nthe Supreme Court; or\na State government entity; or\nan educational facility; or\nthe visitor’s current passport.\nDespite subsection (1) , a visitor who is a child may prove the visitor’s identity by producing any 1 of the identification documents mentioned in subsection (1) (a) .\nIf a visitor is an unaccompanied child who can not prove the visitor’s identity in a way mentioned in subsection (1) or (2) , the visitor may prove the visitor’s identity by answering questions about the visitor, or the prisoner, that sufficiently identify the visitor.\ns 22 amd 2024 SL No. 187 s 13\n(sec.22-ssec.1) For section 160 (1) of the Act , the way in which each visitor is to prove the visitor’s identity is— by producing any 3 of the following— a current debit card, credit card or bankbook with the visitor’s name and signature; the visitor’s current pension card or other social security card; the visitor’s current medicare card; the visitor’s birth certificate; a statutory declaration witnessed by a justice of the peace or commissioner for declarations identifying the visitor by name and signature; or the visitor’s current driver’s licence; or a letter identifying the visitor by name, signed by a member of an Aboriginal or Torres Strait Islander organisation; or an identification card, containing the visitor’s photo, issued by— the chief executive; or a law enforcement agency; or the Supreme Court; or a State government entity; or an educational facility; or the visitor’s current passport.\n(sec.22-ssec.2) Despite subsection (1) , a visitor who is a child may prove the visitor’s identity by producing any 1 of the identification documents mentioned in subsection (1) (a) .\n(sec.22-ssec.3) If a visitor is an unaccompanied child who can not prove the visitor’s identity in a way mentioned in subsection (1) or (2) , the visitor may prove the visitor’s identity by answering questions about the visitor, or the prisoner, that sufficiently identify the visitor.\n- (a) by producing any 3 of the following— (i) a current debit card, credit card or bankbook with the visitor’s name and signature; (ii) the visitor’s current pension card or other social security card; (iii) the visitor’s current medicare card; (iv) the visitor’s birth certificate; (v) a statutory declaration witnessed by a justice of the peace or commissioner for declarations identifying the visitor by name and signature; or\n- (i) a current debit card, credit card or bankbook with the visitor’s name and signature;\n- (ii) the visitor’s current pension card or other social security card;\n- (iii) the visitor’s current medicare card;\n- (iv) the visitor’s birth certificate;\n- (v) a statutory declaration witnessed by a justice of the peace or commissioner for declarations identifying the visitor by name and signature; or\n- (b) the visitor’s current driver’s licence; or\n- (c) a letter identifying the visitor by name, signed by a member of an Aboriginal or Torres Strait Islander organisation; or\n- (d) an identification card, containing the visitor’s photo, issued by— (i) the chief executive; or (ii) a law enforcement agency; or (iii) the Supreme Court; or (iv) a State government entity; or (v) an educational facility; or\n- (i) the chief executive; or\n- (ii) a law enforcement agency; or\n- (iii) the Supreme Court; or\n- (iv) a State government entity; or\n- (v) an educational facility; or\n- (e) the visitor’s current passport.\n- (i) a current debit card, credit card or bankbook with the visitor’s name and signature;\n- (ii) the visitor’s current pension card or other social security card;\n- (iii) the visitor’s current medicare card;\n- (iv) the visitor’s birth certificate;\n- (v) a statutory declaration witnessed by a justice of the peace or commissioner for declarations identifying the visitor by name and signature; or\n- (i) the chief executive; or\n- (ii) a law enforcement agency; or\n- (iii) the Supreme Court; or\n- (iv) a State government entity; or\n- (v) an educational facility; or","sortOrder":36},{"sectionNumber":"sec.23","sectionType":"section","heading":"Visit by child","content":"### sec.23 Visit by child\n\nIn considering if it is in a child’s best interests to visit a prisoner, the chief executive may consider all relevant factors, including, for example, the following—\nthe child’s relationship to the prisoner;\nthe child’s age;\nany urgent circumstances relating to the child or prisoner;\nthe reason for the child’s visit;\nany relevant court orders;\nwhether the child’s parent or guardian has consented to the visit.\nSubsection (1) applies regardless of whether the child is accompanied or unaccompanied by an adult.\n(sec.23-ssec.1) In considering if it is in a child’s best interests to visit a prisoner, the chief executive may consider all relevant factors, including, for example, the following— the child’s relationship to the prisoner; the child’s age; any urgent circumstances relating to the child or prisoner; the reason for the child’s visit; any relevant court orders; whether the child’s parent or guardian has consented to the visit.\n(sec.23-ssec.2) Subsection (1) applies regardless of whether the child is accompanied or unaccompanied by an adult.\n- (a) the child’s relationship to the prisoner;\n- (b) the child’s age;\n- (c) any urgent circumstances relating to the child or prisoner;\n- (d) the reason for the child’s visit;\n- (e) any relevant court orders;\n- (f) whether the child’s parent or guardian has consented to the visit.","sortOrder":37},{"sectionNumber":"sec.24","sectionType":"section","heading":"Visit by elder, respected person or spiritual healer","content":"### sec.24 Visit by elder, respected person or spiritual healer\n\nAn Aboriginal or Torres Strait Islander elder, respected person or indigenous spiritual healer appointed for a corrective services facility must be allowed to visit a prisoner at the facility if the elder, respected person or spiritual healer is culturally or spiritually relevant to the prisoner.\nThe elder, respected person or spiritual healer must be allowed to visit the prisoner out of the hearing, but not out of the sight, of a corrective services officer.\n(sec.24-ssec.1) An Aboriginal or Torres Strait Islander elder, respected person or indigenous spiritual healer appointed for a corrective services facility must be allowed to visit a prisoner at the facility if the elder, respected person or spiritual healer is culturally or spiritually relevant to the prisoner.\n(sec.24-ssec.2) The elder, respected person or spiritual healer must be allowed to visit the prisoner out of the hearing, but not out of the sight, of a corrective services officer.","sortOrder":38},{"sectionNumber":"sec.25","sectionType":"section","heading":"Visit by religious visitor","content":"### sec.25 Visit by religious visitor\n\nA religious visitor must be allowed to visit a prisoner out of the hearing, but not out of the sight, of a corrective services officer.","sortOrder":39},{"sectionNumber":"sec.26","sectionType":"section","heading":"Prisoner to prisoner visit","content":"### sec.26 Prisoner to prisoner visit\n\nThe chief executive may allow a prisoner (the visiting prisoner ) to visit another prisoner who is a relative of the visiting prisoner if it is operationally feasible.\nIn considering whether it is operationally feasible, the chief executive must consider all relevant factors, including, for example—\nif the 2 prisoners are not accommodated at the same corrective services facility—\nthe distance between the corrective services facilities in which the prisoners are accommodated; and\nthe risk of the visiting prisoner escaping, or attempting to escape, during the transfer between the corrective services facilities and while visiting; and\nthe prisoners’ security classifications; and\nwhether the visit could pose a risk to the security or good order of a corrective services facility.\nIf the chief executive has decided to allow a visit as mentioned in subsection (1) , the chief executive must, on the day of the proposed visit, again consider whether the visit could pose a risk to the security or good order of a corrective services facility.\n(sec.26-ssec.1) The chief executive may allow a prisoner (the visiting prisoner ) to visit another prisoner who is a relative of the visiting prisoner if it is operationally feasible.\n(sec.26-ssec.2) In considering whether it is operationally feasible, the chief executive must consider all relevant factors, including, for example— if the 2 prisoners are not accommodated at the same corrective services facility— the distance between the corrective services facilities in which the prisoners are accommodated; and the risk of the visiting prisoner escaping, or attempting to escape, during the transfer between the corrective services facilities and while visiting; and the prisoners’ security classifications; and whether the visit could pose a risk to the security or good order of a corrective services facility.\n(sec.26-ssec.3) If the chief executive has decided to allow a visit as mentioned in subsection (1) , the chief executive must, on the day of the proposed visit, again consider whether the visit could pose a risk to the security or good order of a corrective services facility.\n- (a) if the 2 prisoners are not accommodated at the same corrective services facility— (i) the distance between the corrective services facilities in which the prisoners are accommodated; and (ii) the risk of the visiting prisoner escaping, or attempting to escape, during the transfer between the corrective services facilities and while visiting; and\n- (i) the distance between the corrective services facilities in which the prisoners are accommodated; and\n- (ii) the risk of the visiting prisoner escaping, or attempting to escape, during the transfer between the corrective services facilities and while visiting; and\n- (b) the prisoners’ security classifications; and\n- (c) whether the visit could pose a risk to the security or good order of a corrective services facility.\n- (i) the distance between the corrective services facilities in which the prisoners are accommodated; and\n- (ii) the risk of the visiting prisoner escaping, or attempting to escape, during the transfer between the corrective services facilities and while visiting; and","sortOrder":40},{"sectionNumber":"pt.3-div.2A","sectionType":"division","heading":"Electronic surveillance","content":"## Electronic surveillance","sortOrder":41},{"sectionNumber":"sec.26AA","sectionType":"section","heading":"Prescribed surveillance device— Act , s 173A","content":"### sec.26AA Prescribed surveillance device— Act , s 173A\n\nFor section 173A (6) of the Act , definition prescribed surveillance device , each of the following surveillance devices is prescribed—\na camera, including a camera of any of the following types—\na body-worn camera;\na camcorder;\na closed-circuit television camera;\na dashboard camera;\na key fob camera;\na thermal camera, including a thermal closed-circuit television camera;\na web camera;\na duress alarm capable of recording voices;\nan intercom system;\na microphone, including a radio or wireless microphone;\na system for detecting the presence or movement of a person or thing in, or from, an area, including a system of any of the following types—\na human presence detection system;\na laser detection scanning system;\na geofencing system;\na motion detector;\na perimeter intrusion detection system;\na system for detecting the presence of drones;\na system for detecting the presence of mobile telephones or other portable electronic devices;\na system for videoconferencing;\na tablet computer;\na telephone, including a mobile telephone;\na two-way radio;\na voice recorder.\nIn this section—\nhuman presence detection system means a system that can detect the presence of a person, including, for example, by detecting a person’s heartbeat.\nlaser detection scanning system means a system that uses laser beams to detect persons or objects in a defined area.\nperimeter intrusion detection system means a system designed to detect unauthorised access or intrusion across a defined perimeter.\nsystem means a single device or a system consisting of 2 or more devices.\ns 26AA ins 2025 SL No. 39 s 4\n(sec.26AA-ssec.1) For section 173A (6) of the Act , definition prescribed surveillance device , each of the following surveillance devices is prescribed— a camera, including a camera of any of the following types— a body-worn camera; a camcorder; a closed-circuit television camera; a dashboard camera; a key fob camera; a thermal camera, including a thermal closed-circuit television camera; a web camera; a duress alarm capable of recording voices; an intercom system; a microphone, including a radio or wireless microphone; a system for detecting the presence or movement of a person or thing in, or from, an area, including a system of any of the following types— a human presence detection system; a laser detection scanning system; a geofencing system; a motion detector; a perimeter intrusion detection system; a system for detecting the presence of drones; a system for detecting the presence of mobile telephones or other portable electronic devices; a system for videoconferencing; a tablet computer; a telephone, including a mobile telephone; a two-way radio; a voice recorder.\n(sec.26AA-ssec.2) In this section— human presence detection system means a system that can detect the presence of a person, including, for example, by detecting a person’s heartbeat. laser detection scanning system means a system that uses laser beams to detect persons or objects in a defined area. perimeter intrusion detection system means a system designed to detect unauthorised access or intrusion across a defined perimeter. system means a single device or a system consisting of 2 or more devices.\n- (a) a camera, including a camera of any of the following types— (i) a body-worn camera; (ii) a camcorder; (iii) a closed-circuit television camera; (iv) a dashboard camera; (v) a key fob camera; (vi) a thermal camera, including a thermal closed-circuit television camera; (vii) a web camera;\n- (i) a body-worn camera;\n- (ii) a camcorder;\n- (iii) a closed-circuit television camera;\n- (iv) a dashboard camera;\n- (v) a key fob camera;\n- (vi) a thermal camera, including a thermal closed-circuit television camera;\n- (vii) a web camera;\n- (b) a duress alarm capable of recording voices;\n- (c) an intercom system;\n- (d) a microphone, including a radio or wireless microphone;\n- (e) a system for detecting the presence or movement of a person or thing in, or from, an area, including a system of any of the following types— (i) a human presence detection system; (ii) a laser detection scanning system; (iii) a geofencing system; (iv) a motion detector; (v) a perimeter intrusion detection system; (vi) a system for detecting the presence of drones; (vii) a system for detecting the presence of mobile telephones or other portable electronic devices;\n- (i) a human presence detection system;\n- (ii) a laser detection scanning system;\n- (iii) a geofencing system;\n- (iv) a motion detector;\n- (v) a perimeter intrusion detection system;\n- (vi) a system for detecting the presence of drones;\n- (vii) a system for detecting the presence of mobile telephones or other portable electronic devices;\n- (f) a system for videoconferencing;\n- (g) a tablet computer;\n- (h) a telephone, including a mobile telephone;\n- (i) a two-way radio;\n- (j) a voice recorder.\n- (i) a body-worn camera;\n- (ii) a camcorder;\n- (iii) a closed-circuit television camera;\n- (iv) a dashboard camera;\n- (v) a key fob camera;\n- (vi) a thermal camera, including a thermal closed-circuit television camera;\n- (vii) a web camera;\n- (i) a human presence detection system;\n- (ii) a laser detection scanning system;\n- (iii) a geofencing system;\n- (iv) a motion detector;\n- (v) a perimeter intrusion detection system;\n- (vi) a system for detecting the presence of drones;\n- (vii) a system for detecting the presence of mobile telephones or other portable electronic devices;","sortOrder":42},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Apparatus for scanning searches and imaging searches","content":"## Apparatus for scanning searches and imaging searches","sortOrder":43},{"sectionNumber":"sec.26A","sectionType":"section","heading":"Apparatus for scanning search and imaging search— Act , s 175A","content":"### sec.26A Apparatus for scanning search and imaging search— Act , s 175A\n\nFor section 175A (3) of the Act , an ion scanning device is prescribed.\nFor section 175A (4) of the Act , an x-ray body scanner is prescribed.\nIn this section—\nx-ray body scanner means an apparatus that uses ionising radiation to produce an x-ray image of a person.\ns 26A ins 2024 SL No. 72 s 4\n(sec.26A-ssec.1) For section 175A (3) of the Act , an ion scanning device is prescribed.\n(sec.26A-ssec.2) For section 175A (4) of the Act , an x-ray body scanner is prescribed.\n(sec.26A-ssec.3) In this section— x-ray body scanner means an apparatus that uses ionising radiation to produce an x-ray image of a person.","sortOrder":44},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Requirements and procedures for imaging searches","content":"## Requirements and procedures for imaging searches","sortOrder":45},{"sectionNumber":"sec.26B","sectionType":"section","heading":"Purpose of division","content":"### sec.26B Purpose of division\n\nFor section 175A (5) (b) of the Act , this division prescribes other requirements and procedures relating to imaging searches.\ns 26B ins 2024 SL No. 72 s 4","sortOrder":46},{"sectionNumber":"sec.26C","sectionType":"section","heading":"Conduct of imaging search","content":"### sec.26C Conduct of imaging search\n\nAn imaging search of a person must be carried out by at least 1 corrective services officer, but by no more officers than are reasonably necessary to carry out the search.\ns 26C ins 2024 SL No. 72 s 4","sortOrder":47},{"sectionNumber":"sec.26D","sectionType":"section","heading":"Storage of images","content":"### sec.26D Storage of images\n\nThe chief executive must ensure that images produced by an imaging search of a person are kept securely.\ns 26D ins 2024 SL No. 72 s 4","sortOrder":48},{"sectionNumber":"sec.26E","sectionType":"section","heading":"Use of images","content":"### sec.26E Use of images\n\nA person must not show an image produced by an imaging search of a person (a relevant person ) to another person other than—\nthe relevant person; or\na health practitioner treating the relevant person; or\na person responsible for deciding if a proceeding is to be started for a search offence in relation to the imaging search; or\nan officer of a law enforcement agency investigating a search offence in relation to the imaging search; or\nan officer of a law enforcement agency, a lawyer, a prosecutor or a witness involved in a proceeding for a search offence in relation to the imaging search; or\na court; or\nthe chief executive, or a corrective services officer directed by the chief executive to view the image, for the purpose of performing a function or exercising a power under the Act ; or\nthe chief inspector; or\nan official visitor; or\na commissioner of the Crime and Corruption Commission; or\nthe ombudsman; or\nthe inspector of detention services; or\na person to whom the relevant person has consented to the image being shown.\nMaximum penalty—20 penalty units.\nIn this section—\nsearch offence , in relation to an imaging search of a person, means—\nan offence involving a prohibited thing found during the imaging search; or\nan offence committed during the imaging search.\ns 26E ins 2024 SL No. 72 s 4\n(sec.26E-ssec.1) A person must not show an image produced by an imaging search of a person (a relevant person ) to another person other than— the relevant person; or a health practitioner treating the relevant person; or a person responsible for deciding if a proceeding is to be started for a search offence in relation to the imaging search; or an officer of a law enforcement agency investigating a search offence in relation to the imaging search; or an officer of a law enforcement agency, a lawyer, a prosecutor or a witness involved in a proceeding for a search offence in relation to the imaging search; or a court; or the chief executive, or a corrective services officer directed by the chief executive to view the image, for the purpose of performing a function or exercising a power under the Act ; or the chief inspector; or an official visitor; or a commissioner of the Crime and Corruption Commission; or the ombudsman; or the inspector of detention services; or a person to whom the relevant person has consented to the image being shown. Maximum penalty—20 penalty units.\n(sec.26E-ssec.2) In this section— search offence , in relation to an imaging search of a person, means— an offence involving a prohibited thing found during the imaging search; or an offence committed during the imaging search.\n- (a) the relevant person; or\n- (b) a health practitioner treating the relevant person; or\n- (c) a person responsible for deciding if a proceeding is to be started for a search offence in relation to the imaging search; or\n- (d) an officer of a law enforcement agency investigating a search offence in relation to the imaging search; or\n- (e) an officer of a law enforcement agency, a lawyer, a prosecutor or a witness involved in a proceeding for a search offence in relation to the imaging search; or\n- (f) a court; or\n- (g) the chief executive, or a corrective services officer directed by the chief executive to view the image, for the purpose of performing a function or exercising a power under the Act ; or\n- (h) the chief inspector; or\n- (i) an official visitor; or\n- (j) a commissioner of the Crime and Corruption Commission; or\n- (k) the ombudsman; or\n- (l) the inspector of detention services; or\n- (m) a person to whom the relevant person has consented to the image being shown.\n- (a) an offence involving a prohibited thing found during the imaging search; or\n- (b) an offence committed during the imaging search.","sortOrder":49},{"sectionNumber":"pt.4","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":50},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Prescribed requirements for grant of financial assistance","content":"## Prescribed requirements for grant of financial assistance","sortOrder":51},{"sectionNumber":"sec.27","sectionType":"section","heading":"Prescribed requirements for provision of programs or services— Act , s 256","content":"### sec.27 Prescribed requirements for provision of programs or services— Act , s 256\n\nFor section 256 (1) of the Act , this part provides for the requirements relating to the provision of programs or services by grantees.","sortOrder":52},{"sectionNumber":"sec.28","sectionType":"section","heading":"When the requirements apply","content":"### sec.28 When the requirements apply\n\nThe requirements apply to a grantee only while the grantee is providing the programs or services or is required under the financial assistance agreement to provide the programs or services.","sortOrder":53},{"sectionNumber":"sec.29","sectionType":"section","heading":"Requirement to keep a document","content":"### sec.29 Requirement to keep a document\n\nA requirement under this part that the grantee keep a document is a requirement that the grantee prepare the document and keep it up-to-date.","sortOrder":54},{"sectionNumber":"sec.30","sectionType":"section","heading":"Requirement to implement a document","content":"### sec.30 Requirement to implement a document\n\nA requirement under this part that the grantee implement a document is a requirement that, when providing the programs or services, the grantee—\nimplement the procedures stated in the document; and\ncomply with the policies or other matters stated in the document.\n- (a) implement the procedures stated in the document; and\n- (b) comply with the policies or other matters stated in the document.","sortOrder":55},{"sectionNumber":"sec.31","sectionType":"section","heading":"Financial management and accountability generally","content":"### sec.31 Financial management and accountability generally\n\nThe grantee must ensure—\nappropriate financial delegations are in place; and\nappropriate internal controls are in place to prevent misuse or misappropriation of funds.\nThe grantee must keep a record of the delegations and controls.\nThe grantee must have accounting and financial record-keeping systems allowing financial assistance given by the chief executive to be accurately identified and accounted for.\nThe grantee must keep the accounting records necessary to comply with this part.\n(sec.31-ssec.1) The grantee must ensure— appropriate financial delegations are in place; and appropriate internal controls are in place to prevent misuse or misappropriation of funds.\n(sec.31-ssec.2) The grantee must keep a record of the delegations and controls.\n(sec.31-ssec.3) The grantee must have accounting and financial record-keeping systems allowing financial assistance given by the chief executive to be accurately identified and accounted for.\n(sec.31-ssec.4) The grantee must keep the accounting records necessary to comply with this part.\n- (a) appropriate financial delegations are in place; and\n- (b) appropriate internal controls are in place to prevent misuse or misappropriation of funds.","sortOrder":56},{"sectionNumber":"sec.32","sectionType":"section","heading":"Budget","content":"### sec.32 Budget\n\nThis section applies to the grantee in relation to a financial year in which the grantee provides the programs or services or is required under the financial assistance agreement to provide the programs or services.\nAt the start of the financial year, the grantee must prepare a budget for the financial year that includes expected income, expected expenditure and cash flow projections.\nDuring the financial year, the grantee must—\nregularly review the grantee’s actual income, expenditure and cash flow against the amounts stated in the grantee’s budget; and\nrevise the budget as necessary or appropriate to ensure the programs or services are viable and sustainable and the grantee has enough funds to meet the grantee’s debts and expected expenditure.\nIf, under the financial assistance agreement, the grantee only provides the programs or services for part of the financial year, subsections (2) and (3) apply as if a reference to the financial year were a reference to the part of the financial year for which the programs or services are provided.\n(sec.32-ssec.1) This section applies to the grantee in relation to a financial year in which the grantee provides the programs or services or is required under the financial assistance agreement to provide the programs or services.\n(sec.32-ssec.2) At the start of the financial year, the grantee must prepare a budget for the financial year that includes expected income, expected expenditure and cash flow projections.\n(sec.32-ssec.3) During the financial year, the grantee must— regularly review the grantee’s actual income, expenditure and cash flow against the amounts stated in the grantee’s budget; and revise the budget as necessary or appropriate to ensure the programs or services are viable and sustainable and the grantee has enough funds to meet the grantee’s debts and expected expenditure.\n(sec.32-ssec.4) If, under the financial assistance agreement, the grantee only provides the programs or services for part of the financial year, subsections (2) and (3) apply as if a reference to the financial year were a reference to the part of the financial year for which the programs or services are provided.\n- (a) regularly review the grantee’s actual income, expenditure and cash flow against the amounts stated in the grantee’s budget; and\n- (b) revise the budget as necessary or appropriate to ensure the programs or services are viable and sustainable and the grantee has enough funds to meet the grantee’s debts and expected expenditure.","sortOrder":57},{"sectionNumber":"sec.33","sectionType":"section","heading":"Financial delegations policy","content":"### sec.33 Financial delegations policy\n\nThe grantee must keep and implement a financial delegations policy.\nIn this section—\nfinancial delegations policy means a policy outlining the procedures the grantee will use to ensure—\nappropriate financial delegations are in place; and\nappropriate internal controls are in place to prevent misuse or misappropriation of funds.\n(sec.33-ssec.1) The grantee must keep and implement a financial delegations policy.\n(sec.33-ssec.2) In this section— financial delegations policy means a policy outlining the procedures the grantee will use to ensure— appropriate financial delegations are in place; and appropriate internal controls are in place to prevent misuse or misappropriation of funds.\n- (a) appropriate financial delegations are in place; and\n- (b) appropriate internal controls are in place to prevent misuse or misappropriation of funds.","sortOrder":58},{"sectionNumber":"sec.34","sectionType":"section","heading":"Assistance to be used for agreed purpose","content":"### sec.34 Assistance to be used for agreed purpose\n\nThe grantee must conduct the grantee’s operations in a way that ensures assistance given by the chief executive for the programs or services is used as required under the financial assistance agreement.","sortOrder":59},{"sectionNumber":"sec.35","sectionType":"section","heading":"Return of surplus amounts","content":"### sec.35 Return of surplus amounts\n\nThis section applies to an amount if—\nthe amount is comprised of receipts for a program or service; and\nunder the financial assistance agreement, the amount is required to be expended during a particular time; and\nat the end of the time, the amount has not been expended.\nWhile the financial assistance agreement mentioned in subsection (1) (b) is in force, the chief executive may give the grantee a notice requiring the grantee to pay the amount to the chief executive.\nThe grantee must comply with the chief executive’s notice.\n(sec.35-ssec.1) This section applies to an amount if— the amount is comprised of receipts for a program or service; and under the financial assistance agreement, the amount is required to be expended during a particular time; and at the end of the time, the amount has not been expended.\n(sec.35-ssec.2) While the financial assistance agreement mentioned in subsection (1) (b) is in force, the chief executive may give the grantee a notice requiring the grantee to pay the amount to the chief executive.\n(sec.35-ssec.3) The grantee must comply with the chief executive’s notice.\n- (a) the amount is comprised of receipts for a program or service; and\n- (b) under the financial assistance agreement, the amount is required to be expended during a particular time; and\n- (c) at the end of the time, the amount has not been expended.","sortOrder":60},{"sectionNumber":"sec.36","sectionType":"section","heading":"Conflict of interest policy","content":"### sec.36 Conflict of interest policy\n\nThe grantee must keep and implement a conflict of interest policy.\nIn this section—\nconflict of interest includes a potential conflict of interest.\nconflict of interest policy means a policy outlining the procedures the grantee will use to ensure—\nconflicts of interest of the grantee’s executive officers, employees and volunteers are declared, recorded and managed; and\na person is not involved in decision-making for a matter in relation to which the person has a conflict of interest.\n(sec.36-ssec.1) The grantee must keep and implement a conflict of interest policy.\n(sec.36-ssec.2) In this section— conflict of interest includes a potential conflict of interest. conflict of interest policy means a policy outlining the procedures the grantee will use to ensure— conflicts of interest of the grantee’s executive officers, employees and volunteers are declared, recorded and managed; and a person is not involved in decision-making for a matter in relation to which the person has a conflict of interest.\n- (a) conflicts of interest of the grantee’s executive officers, employees and volunteers are declared, recorded and managed; and\n- (b) a person is not involved in decision-making for a matter in relation to which the person has a conflict of interest.","sortOrder":61},{"sectionNumber":"sec.37","sectionType":"section","heading":"Confidentiality","content":"### sec.37 Confidentiality\n\nThe grantee must keep and implement a policy about dealing with information arising from providing the programs or services, including information about clients, employees, members and officers.\nThe policy must include the obligations of officers, employees and volunteer workers relating to the information.\nThe grantee must prevent inappropriate or unauthorised access to, or disclosure of, the information.\nIf the grantee stops providing the programs or services, this section continues to apply to the grantee in relation to the information.\n(sec.37-ssec.1) The grantee must keep and implement a policy about dealing with information arising from providing the programs or services, including information about clients, employees, members and officers.\n(sec.37-ssec.2) The policy must include the obligations of officers, employees and volunteer workers relating to the information.\n(sec.37-ssec.3) The grantee must prevent inappropriate or unauthorised access to, or disclosure of, the information.\n(sec.37-ssec.4) If the grantee stops providing the programs or services, this section continues to apply to the grantee in relation to the information.","sortOrder":62},{"sectionNumber":"sec.38","sectionType":"section","heading":"Officers’ knowledge of legislation and governing documents","content":"### sec.38 Officers’ knowledge of legislation and governing documents\n\nThe grantee must take reasonable steps to ensure each of the grantee’s officers has a sufficient knowledge of the prescribed documents to carry out the officer’s functions including, in particular, the grantee’s obligations under the prescribed documents relevant to providing the programs or services funded by the grant.\nIn this section—\nprescribed documents means—\nthe Act and this regulation; and\nany constitution or other governing document of the grantee; and\nan agreement entered into between the grantee and the State about the performance of the financial assistance agreement, commonly referred to as a service level agreement.\n(sec.38-ssec.1) The grantee must take reasonable steps to ensure each of the grantee’s officers has a sufficient knowledge of the prescribed documents to carry out the officer’s functions including, in particular, the grantee’s obligations under the prescribed documents relevant to providing the programs or services funded by the grant.\n(sec.38-ssec.2) In this section— prescribed documents means— the Act and this regulation; and any constitution or other governing document of the grantee; and an agreement entered into between the grantee and the State about the performance of the financial assistance agreement, commonly referred to as a service level agreement.\n- (a) the Act and this regulation; and\n- (b) any constitution or other governing document of the grantee; and\n- (c) an agreement entered into between the grantee and the State about the performance of the financial assistance agreement, commonly referred to as a service level agreement.","sortOrder":63},{"sectionNumber":"sec.39","sectionType":"section","heading":"Eligibility policy","content":"### sec.39 Eligibility policy\n\nThe grantee must keep an eligibility policy that complies with the financial assistance agreement.\nThe grantee must implement the eligibility policy consistently and fairly.\nIn this section—\neligibility policy means a policy stating the criteria and procedures for deciding eligibility for the programs or services.\n(sec.39-ssec.1) The grantee must keep an eligibility policy that complies with the financial assistance agreement.\n(sec.39-ssec.2) The grantee must implement the eligibility policy consistently and fairly.\n(sec.39-ssec.3) In this section— eligibility policy means a policy stating the criteria and procedures for deciding eligibility for the programs or services.","sortOrder":64},{"sectionNumber":"sec.40","sectionType":"section","heading":"Feedback","content":"### sec.40 Feedback\n\nThe grantee must have appropriate arrangements for obtaining feedback from clients about providing the programs or services.","sortOrder":65},{"sectionNumber":"sec.41","sectionType":"section","heading":"Hours of operation and contact arrangements","content":"### sec.41 Hours of operation and contact arrangements\n\nThe grantee must have hours of operation, and arrangements for contact with clients, as required under the financial assistance agreement and that are appropriate for the programs or services.","sortOrder":66},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Prisoner’s property","content":"## Prisoner’s property","sortOrder":67},{"sectionNumber":"sec.42","sectionType":"section","heading":"Deductions from prisoner’s account— Act , s 314","content":"### sec.42 Deductions from prisoner’s account— Act , s 314\n\nFor section 314 (f) of the Act , the following are the purposes—\nthe cost of the prisoner’s phone calls and postage;\npurchases made by the prisoner with the chief executive’s approval;\nthe cost of hiring or repairing a computer or television for the prisoner;\nif the prisoner has more property than the prisoner may keep in the corrective services facility—the costs associated with removing and storing the property;\nthe satisfaction of a repayment order made against the prisoner under the repealed Criminal Offence Victims Act 1995 , section 27 ;\nthe reimbursement of the State for an amount paid by the State under the repealed Criminal Offence Victims Act 1995 , section 32 because of a compensation order made against the prisoner under section 24 of that Act;\nan amount liable to be paid by the prisoner to the State under the Victims of Crime Assistance Act 2009 , section 117 (4) or 191 (4) .\n- (a) the cost of the prisoner’s phone calls and postage;\n- (b) purchases made by the prisoner with the chief executive’s approval;\n- (c) the cost of hiring or repairing a computer or television for the prisoner;\n- (d) if the prisoner has more property than the prisoner may keep in the corrective services facility—the costs associated with removing and storing the property;\n- (e) the satisfaction of a repayment order made against the prisoner under the repealed Criminal Offence Victims Act 1995 , section 27 ;\n- (f) the reimbursement of the State for an amount paid by the State under the repealed Criminal Offence Victims Act 1995 , section 32 because of a compensation order made against the prisoner under section 24 of that Act;\n- (g) an amount liable to be paid by the prisoner to the State under the Victims of Crime Assistance Act 2009 , section 117 (4) or 191 (4) .","sortOrder":68},{"sectionNumber":"sec.43","sectionType":"section","heading":"Keeping property in corrective services facility— Act , s 317 (5)","content":"### sec.43 Keeping property in corrective services facility— Act , s 317 (5)\n\nA prisoner may keep property in a corrective services facility if the property in total is not more than—\na value approved by the chief executive or, if no value is approved, $500; and\na volume of 0.25m 3 .\nThe following property need not be taken into account for subsection (1) —\nconsumable things;\nfoodstuffs, toiletries\nlegal documents;\neducational material or equipment approved by the chief executive;\nif a child is accommodated with a prisoner—property, approved by the chief executive, for the child’s care.\nIf the value of a prisoner’s property is not apparent, the chief executive may decide the value.\nA prisoner may apply in writing for the chief executive’s approval to keep property of a stated value, that is more than $500, in the corrective services facility.\nA prisoner is responsible for the safe keeping of the prisoner’s property approved to be in the prisoner’s possession.\nA prisoner must store the prisoner’s property in a tidy and orderly way.\nWhen a prisoner is discharged or released, the chief executive must ensure any property stored for the prisoner in a corrective services facility is returned to the prisoner.\nIf a prisoner dies, the chief executive must ensure any property stored in a corrective services facility for the deceased prisoner is given to the executor or administrator of the prisoner’s estate.\ns 43 amd 2024 SL No. 187 s 14\n(sec.43-ssec.1) A prisoner may keep property in a corrective services facility if the property in total is not more than— a value approved by the chief executive or, if no value is approved, $500; and a volume of 0.25m 3 .\n(sec.43-ssec.2) The following property need not be taken into account for subsection (1) — consumable things; foodstuffs, toiletries legal documents; educational material or equipment approved by the chief executive; if a child is accommodated with a prisoner—property, approved by the chief executive, for the child’s care.\n(sec.43-ssec.3) If the value of a prisoner’s property is not apparent, the chief executive may decide the value.\n(sec.43-ssec.4) A prisoner may apply in writing for the chief executive’s approval to keep property of a stated value, that is more than $500, in the corrective services facility.\n(sec.43-ssec.5) A prisoner is responsible for the safe keeping of the prisoner’s property approved to be in the prisoner’s possession.\n(sec.43-ssec.6) A prisoner must store the prisoner’s property in a tidy and orderly way.\n(sec.43-ssec.7) When a prisoner is discharged or released, the chief executive must ensure any property stored for the prisoner in a corrective services facility is returned to the prisoner.\n(sec.43-ssec.8) If a prisoner dies, the chief executive must ensure any property stored in a corrective services facility for the deceased prisoner is given to the executor or administrator of the prisoner’s estate.\n- (a) a value approved by the chief executive or, if no value is approved, $500; and\n- (b) a volume of 0.25m 3 .\n- (a) consumable things; Examples— foodstuffs, toiletries\n- (b) legal documents;\n- (c) educational material or equipment approved by the chief executive;\n- (d) if a child is accommodated with a prisoner—property, approved by the chief executive, for the child’s care.","sortOrder":69},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Other administration provisions","content":"## Other administration provisions","sortOrder":70},{"sectionNumber":"sec.44","sectionType":"section","heading":"Monitoring device","content":"### sec.44 Monitoring device\n\nThis section applies if, under section 200A or 267 of the Act , an offender is required to wear a device for monitoring the offender’s location.\nThe chief executive must ensure the prisoner is—\ntold how the device operates; and\ntold not to wilfully damage, destroy, remove or otherwise interfere with the device.\n(sec.44-ssec.1) This section applies if, under section 200A or 267 of the Act , an offender is required to wear a device for monitoring the offender’s location.\n(sec.44-ssec.2) The chief executive must ensure the prisoner is— told how the device operates; and told not to wilfully damage, destroy, remove or otherwise interfere with the device.\n- (a) told how the device operates; and\n- (b) told not to wilfully damage, destroy, remove or otherwise interfere with the device.","sortOrder":71},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":72},{"sectionNumber":"sec.45","sectionType":"section","heading":"Restricted item— Act , s 124B","content":"### sec.45 Restricted item— Act , s 124B\n\nFor section 124B of the Act , a restricted item is an item mentioned in the Weapons Categories Regulation 1997 , section 9 (f) or (g) .\ns 45 prev s 45 om 2021 SL No. 97 s 4\npres s 45 ins 2024 Act No. 25 s 48","sortOrder":73},{"sectionNumber":"sec.46","sectionType":"section","heading":"Searching in relation to security offence","content":"### sec.46 Searching in relation to security offence\n\nThis section applies if a corrective services officer intends to search, under section 136 (2) (b) of the Act , anything in a person’s possession.\nIf it is reasonably practicable to do so, the corrective services officer must, before conducting the search—\ntell the person the officer intends to conduct a search and what the officer intends to search; and\ntell the person the reason for the search; and\nask for the person’s cooperation.\nThe corrective services officer must conduct the search in a way that respects the person’s dignity.\nThe corrective services officer must conduct the search as quickly as possible.\n(sec.46-ssec.1) This section applies if a corrective services officer intends to search, under section 136 (2) (b) of the Act , anything in a person’s possession.\n(sec.46-ssec.2) If it is reasonably practicable to do so, the corrective services officer must, before conducting the search— tell the person the officer intends to conduct a search and what the officer intends to search; and tell the person the reason for the search; and ask for the person’s cooperation.\n(sec.46-ssec.3) The corrective services officer must conduct the search in a way that respects the person’s dignity.\n(sec.46-ssec.4) The corrective services officer must conduct the search as quickly as possible.\n- (a) tell the person the officer intends to conduct a search and what the officer intends to search; and\n- (b) tell the person the reason for the search; and\n- (c) ask for the person’s cooperation.","sortOrder":74},{"sectionNumber":"sec.47","sectionType":"section","heading":"Receipt for seized property— Act , s 139","content":"### sec.47 Receipt for seized property— Act , s 139\n\nFor section 139 (2) (b) of the Act , the following information is prescribed—\nthe name and address of the person from whom the thing was seized;\nthe name of the corrective services facility and where within the corrective services facility the thing was located when the thing was seized;\nthe date and time the thing was seized;\nthe name of the corrective services officer who seized the thing;\nthe estimated value of the thing seized.\n- (a) the name and address of the person from whom the thing was seized;\n- (b) the name of the corrective services facility and where within the corrective services facility the thing was located when the thing was seized;\n- (c) the date and time the thing was seized;\n- (d) the name of the corrective services officer who seized the thing;\n- (e) the estimated value of the thing seized.","sortOrder":75},{"sectionNumber":"sec.48","sectionType":"section","heading":null,"content":"### Section sec.48\n\ns 48 sub 2021 SL No. 97 s 5 ; 2023 Act No. 14 s 39\nom 2024 SL No. 72 s 5","sortOrder":76},{"sectionNumber":"pt.6","sectionType":"part","heading":"Transitional provision for Corrective Services (Searches and Testing) Amendment Regulation 2024","content":"# Transitional provision for Corrective Services (Searches and Testing) Amendment Regulation 2024","sortOrder":77},{"sectionNumber":"sec.48-oc.2","sectionType":"section","heading":"Request to modify procedures to take account of needs of existing prisoner","content":"### sec.48-oc.2 Request to modify procedures to take account of needs of existing prisoner\n\nSection 8B applies to a person who is a prisoner immediately before the commencement as if subsection (1) of that section required the prisoner to be given the opportunity to make a request as soon as practicable after the commencement.\ns 48 ins 2024 SL No. 187 s 15","sortOrder":78}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3142},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly from basic prison operational rules to encompass external financial governance requirements for service providers (Part 4), sophisticated electronic surveillance and scanning technologies (drones, thermal cameras, X-ray body scanners), gender diversity and cultural safety protocols for searches, and intersections with national schemes like the NDIS and National Redress Scheme for Institutional Child Sexual Abuse."},"complexity_factors":["Extensive cross-referencing to the parent Act (Corrective Services Act) and other legislation (Weapons Act, Classification Acts, NDIS Act, etc.)","Over 30 defined terms including culturally specific roles (cultural liaison officers, Indigenous spiritual healers) and technical surveillance equipment (ion scanning devices, geofencing systems)","Nested conditional logic with multiple 'unless' clauses, particularly in sections 8B and 8C regarding gender-specific searches and modifications for individual needs","Fragmented amendment structure with new divisions (Electronic Surveillance, Imaging Searches) added in 2024-2025 without restructuring the whole instrument","Extensive enumerative lists: 21 disciplinary breaches, 26 categories of prohibited items, 25+ recipients of privileged mail, 14+ types of surveillance devices","Complex gender and cultural protocols requiring parsing of default rules, modification request procedures, and emergency exceptions","Transitional provisions applying new search modification rules to existing prisoners"],"plain_english_summary":"**What this is:** This Regulation sets out the detailed day-to-day rules for how Queensland prisons and corrective services facilities operate. It works alongside the main *Corrective Services Act* to govern everything from prisoner accommodation to strip searches, drug testing, and financial management for service providers.\n\n**Who it affects:**\n*   **Prisoners** – especially Aboriginal and Torres Strait Islander prisoners, who have specific rights to be housed near family and receive cultural support.\n*   **Correctional staff** – who must follow strict protocols for discipline, safety orders, and searches.\n*   **Visitors** – including children, elders, and religious visitors, with specific ID requirements.\n*   **External organisations** – charities and companies running offender programs must follow financial and confidentiality rules.\n\n**Key things it does:**\n\n**Accommodation and Family**\n*   Aboriginal and Torres Strait Islander prisoners must be housed as close as possible to their families (recognising that \"family\" may be wider under cultural law), unless the prisoner objects or security risks (like maximum security classification) make it impossible.\n\n**Discipline and Safety**\n*   Lists 21 specific rule-breaking behaviours (disciplinary breaches), including disobeying orders, possessing unauthorised items, gambling, or faking \"privileged mail.\"\n*   Sets conditions for \"safety orders\" (temporary solitary confinement for protection), including mandatory notification of cultural liaison officers for Indigenous prisoners.\n\n**Searches and Privacy (Recently Updated)**\n*   **Gender-specific searches:** Women in women's prisons must generally be searched by female officers, and men by male officers.\n*   **Modifications for individual needs:** Prisoners can now request changes to search procedures based on gender diversity, sexual orientation, history of abuse, disability, or religious practices (e.g., how a headdress is searched). These requests must be granted unless there are safety risks or it's impractical.\n*   **Strip searches:** Strict rules for \"searches requiring removal of clothing\" – no electronic monitoring by opposite-gender officers (except in emergencies), secure storage of recordings, and limited access to footage.\n*   **Drug testing:** Detailed rules for urine samples, including observation protocols and officer gender requirements.\n*   **New technology:** Allows use of ion scanners and X-ray body scanners, with strict limits on who can view the images.\n\n**Surveillance**\n*   Defines approved electronic surveillance devices including body-worn cameras, thermal cameras, drone detection systems, and heartbeat detectors.\n\n**Property and Money**\n*   Limits personal property to $500 value and 0.25 cubic metres (with exceptions for legal papers and educational items).\n*   Lists what prisons can deduct from prisoner accounts (phone calls, victim compensation, etc.).\n*   Defines prohibited items broadly: weapons, drugs, drones, tattoo equipment, and anything modified to hide contraband.\n\n**Administration and Rights**\n*   **Privileged mail:** Protects mail to lawyers, ombudsmen, human rights commissioners, and other officials (to be sent in blue envelopes).\n*   **Financial rules:** Organisations receiving government funding to run programs must have conflict-of-interest policies, budgets, and confidentiality protections.\n*   **Compassionate leave:** Allows interstate travel for funerals or serious illness of close family.\n\n**Why it matters:** This Regulation directly impacts the dignity, safety, and human rights of people in custody. The 2024–2025 amendments reflect modern standards for gender diversity and cultural safety, while expanding technological surveillance capabilities. It attempts to balance prison security with legal obligations to treat prisoners humanely and maintain family connections."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation supplements and narrows application of the Act by prescribing detailed operational rules and expanding lists and procedures not set out in the Act. Examples: it requires culturally proximate accommodation considerations for Aboriginal and Torres Strait Islander prisoners (sec.3), prescribes modification and approval processes for search and urine‑test procedures (sec.8B, sec.11), sets who may conduct or observe personal, body and imaging searches and storage/use limits for recordings (secs.8C, 10A, 26C–26E, 10), declares prescribed surveillance and scanning devices (secs.26AA, 26A), lists prohibited items (sec.19) and imposes compliance, financial and governance requirements on grantees (pts.4 div.1, secs.27–41). These additions change operational scope by allocating specific duties, record‑keeping obligations and penalties to the department, officers, prisoners and external providers."},"complexity_factors":["Extensive cross‑reference to the Corrective Services Act and other statutes (multiple sections rely on Act provisions)","Detailed procedural prescriptions for searches, body and imaging searches, and urinalysis (many eligibility, gender and emergency exceptions)","Numerous defined terms and facility‑specific definitions (women’s/men’s facilities, qualified officers, list of named centres)","A long, prescriptive list of prohibited items and surveillance devices with technical categories (includes drones, detection systems, cameras)","Record‑keeping and disclosure rules for sensitive recordings and images with criminal penalties","Administrative requirements for third‑party grantees (financial controls, budgets, confidentiality, eligibility and return of surplus funds)","Discretion given to the chief executive in many places (practicability, safety risk, acceptance/withdrawal of procedure modifications)","Transitional clause and multiple amendment notes add temporal complexity to application"],"plain_english_summary":"This regulation sets operational rules for how corrective services run: where and how prisoners (especially Aboriginal and Torres Strait Islander prisoners) are accommodated, how searches, urine tests and imaging are conducted and recorded, what items are prohibited, and what obligations government grantees and officers must follow. It affects prisoners, corrective services officers, visitors, agencies that receive funding, and persons who handle recordings or privileged mail. The chief executive and corrective services officers make decisions and carry compliance, while prisoners and grantees face procedural and record‑keeping duties and penalties for breaches."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly beyond its original 2017 scope through amendments. Most notably, 2024 amendments added extensive new provisions on gender-inclusive and diversity-sensitive search and urine-testing procedures (sections 8A, 8B, 8C, 10A, and a rewritten section 11), reflecting contemporary human rights considerations not present at commencement. A 2025 amendment added a comprehensive electronic surveillance device framework (section 26AA). Earlier amendments expanded the prohibited items list (adding drones and tobacco products) and the privileged mail list (adding NDIS, National Redress Scheme, and inspector of detention services). The core purpose — regulating Queensland prison operations — remains unchanged, but the regulation's human rights and technology dimensions have grown substantially."},"complexity_factors":["Extensive cross-referencing to the parent Corrective Services Act — many sections only make sense if you also read the Act","Multiple layers of exceptions and carve-outs within individual sections (e.g., search procedures have baseline rules, then modifications for gender diversity, then emergency overrides)","Gender and identity-inclusive search/testing procedures (added in 2024) involve nuanced discretionary decision-making with multiple criteria","Long lists of prohibited items and privileged mail recipients referencing numerous other Queensland and Commonwealth statutes","Aboriginal and Torres Strait Islander-specific obligations layered throughout, requiring understanding of cultural context","References to named specific facilities (e.g., Brisbane Women's Correctional Centre, Princess Alexandra Hospital Secure Unit) that require local knowledge","Multiple amendments over time (2018, 2019, 2021, 2023, 2024, 2025) meaning the current text is a product of layered changes","Interaction with numerous other Acts (Weapons Act, Explosives Act, Classification Acts, NDIS legislation, Human Rights Act, etc.)","Technical surveillance device definitions added in 2025 require understanding of specialised technology"],"plain_english_summary":"The Corrective Services Regulation 2017 is Queensland’s detailed rulebook for running prisons and managing prisoners. It governs day‑to‑day custody practices and community supervision, affecting prisoners, corrective services officers, visitors, parolees and especially Aboriginal and Torres Strait Islander people by embedding cultural protections.  \n\nIt matters because it shapes prisoners’ daily conditions, rights and interactions with staff and visitors, and sets procedures (searches, transfers, mail, surveillance and oversight) that determine how custody and supervision actually operate."}},"importantCases":[],"_links":{"self":"/api/acts/corrective-services-regulation-2017","history":"/api/acts/corrective-services-regulation-2017/history","analysis":"/api/acts/corrective-services-regulation-2017/analysis","conflicts":"/api/acts/corrective-services-regulation-2017/conflicts","importantCases":"/api/acts/corrective-services-regulation-2017/important-cases","documents":"/api/acts/corrective-services-regulation-2017/documents"}}