Correctional Services Act 1982

• Prisoners: Subject to the admission, assessment, custody, management, and discipline provisions of Parts 3, 4 and 5.
• Correctional officers and Department employees: Subject to the drug and alcohol testing scheme in Part 7A (ss 81S-81X), and to accountability to official visitors.
• Parole Board: Exercises statutory functions under Part 6.
• Victims: Registered on the Victims Register under section 5 and may receive information about offenders' parole and release.
• Persons on parole: Subject to parole conditions (s 68) and the Board's powers to vary (s 71), suspend, or cancel parole (ss 74-76). Terror suspects on parole are subject to special suspension provisions (s 74B).
• Legal practitioners: Required to understand the interaction between the Act and the Criminal Law (Sentencing) Act 1988 (SA) in advising clients on sentence, non-parole periods, and parole.
• Official visitors: Appointed to monitor conditions and must comply with confidentiality obligations under section 20H.

Admission documentation (s 21A): Documentation must be presented on admission of a prisoner to a correctional institution.

Assessment of prisoners (s 23): The CE must ensure that initial and periodic assessments of prisoners are conducted.

Conditions of release on parole (s 68): A prisoner released on parole must comply with the conditions of release imposed by the Board. Section 50A imposes a corresponding obligation on prisoners on temporary leave of absence to comply with conditions.

Drug and alcohol testing (Part 7A, s 81T): Officers and employees of the Department are subject to drug and alcohol testing under the scheme established by Part 7A. Applicants may be tested (s 81U). Other persons (such as contractors) may also be tested (s 81V). Test results and biological samples must not be used for other purposes (s 81X).

Reporting by official visitors (s 20G): Official visitors must report on conditions and individual cases in accordance with section 20G. Confidentiality is protected by section 20H.

Chief Executive's rules (s 83): The CE may make rules for the management of correctional institutions and prisoners. Prisoners and staff must comply.

CE's custody (s 24): The CE has custody of all prisoners in South Australian correctional institutions. This is the primary custodial power.

Transfer of prisoners (s 25): The CE may transfer prisoners between correctional institutions.

Leave of absence (s 27): The CE may grant leave of absence to prisoners for specified purposes, subject to conditions (s 50A).

Search and arrest of non-prisoners (s 85B): Correctional officers have powers to search and arrest non-prisoners at or near correctional institutions.

Use of force (s 86): Prison officers may use reasonable force in certain circumstances (such as restraining dangerous prisoners).

Prohibition on spit hoods (s 86AA): Section 86AA prohibits the use of spit hoods in correctional institutions, reflecting legislative response to human rights concerns about their use.

Remotely piloted aircraft (ss 87A, 87B): The Act contains provisions regulating remotely piloted aircraft (drones) near correctional institutions, including special powers to deal with unauthorised drones.

Parole Board powers (s 63): The Board has wide powers including directing the surrender of firearms (s 68A), varying or revoking parole conditions (s 71), apprehending parolees on warrant (s 76), and imposing community service for breach (s 74AA).

Exclusion from correctional institutions (s 85A): The CE may exclude specified persons from correctional institutions.

Terror suspect provisions (ss 74B, 77AA): Special provisions apply to parolees who become terror suspects, including automatic suspension of parole (s 74B) and special Parole Board procedures (s 77AA).

Visiting Tribunal contempt (s 41(2)): Maximum penalty of $7,500 or imprisonment for 3 months for contempt of a Visiting Tribunal, including obstructing proceedings or refusing to answer questions.

Disrupting security or order (s 49): An offence for prisoners to disrupt security or order in a correctional institution.

Possession of certain items (s 49A): Prisoners are prohibited from possessing specified items in correctional institutions.

Offences by persons other than prisoners (s 51): Third parties (visitors, contractors) are prohibited from certain conduct in relation to correctional institutions, with penalties.

Summary offences (s 88A): General summary offences are created for specified contraventions of the Act.

Parole breach consequences (ss 74-76): Breach of parole conditions may result in the Board taking action (s 74), imposing community service (s 74AA), or the Board issuing a warrant for the parolee's apprehension (s 76). Police officers may arrest parolees under s 76B.

Parole Board process (ss 60, 67, 77): The Board's proceedings are governed by section 60. Prisoners seeking parole by application under section 67 must apply to the Board, which considers their application in accordance with Board procedures. Board decisions on life prisoners are subject to review by the Parole Administrative Review Commissioner under Division 4 of Part 6.

Review by Parole Administrative Review Commissioner (Division 4): The Commissioner reviews Board decisions to release life prisoners and other prescribed reviewable decisions (s 77E). The review may be heard in private (s 77G). Parties include the prisoner, the Board, and other entitled persons (s 77I). Compulsory conferences apply for prescribed reviewable decisions (s 77J).

Drug and alcohol testing (Part 7A): Testing procedures are established under the scheme (s 81W). Test results must not be used for other purposes (s 81X).

Visiting Tribunal appeals (s 47): Appeals against orders of Visiting Tribunals are available under section 47. The Summary Procedure Act does not apply to proceedings under Division 2 of Part 5 (s 48).

Criminal Law (Sentencing) Act 1988 (SA): The parole framework in Part 6 is read alongside the sentencing regime in the Criminal Law (Sentencing) Act 1988. Section 70 of the Correctional Services Act provides for satisfaction of a life sentence on completion of parole without cancellation, which interacts with the Criminal Law (Sentencing) Act's provisions on mandatory minimum non-parole periods. PNJ v The Queen [2009] HCA 6 (at paragraph 22) noted the interaction between section 70 of the Act and the mandatory minimum non-parole period provisions.

Serious and Organised Crime (Control) Act 2008 (SA) and related legislation: The terror suspect provisions in sections 74B and 77AA reflect interaction with South Australian anti-organised crime legislation in managing high-risk parolees.

Work Health and Safety Act 2012 (SA): Drug and alcohol testing under Part 7A must be conducted in accordance with established procedures, which may interact with workplace health and safety obligations.

Community Service Orders legislation: The community service administration provisions in Part 2, Division 4 interact with SA sentencing and community corrections legislation.

Victims of Crime Act 2001 (SA): The Victims Register under section 5 provides information to registered victims about parole decisions, linking the Correctional Services Act to the victims' rights regime.

Visiting Tribunal contempt is a criminal offence: Contempt of a Visiting Tribunal under section 41(2) carries imprisonment. This is a criminal offence, not merely an administrative penalty. Legal practitioners appearing before a Visiting Tribunal on behalf of a prisoner must be aware of this risk for their clients and for themselves.

Terror suspect automatic suspension (s 74B): Parole is automatically suspended if a parolee becomes a terror suspect. This suspension takes effect without any hearing or Board decision and can immediately alter a parolee's status.

Drug and alcohol test results are restricted (s 81X): Results and biological samples from the testing scheme may not be used for any purpose other than the purpose for which they were obtained. This has implications for any criminal investigation that might seek to use test results as evidence.

Spit hood prohibition (s 86AA): The prohibition on spit hoods in correctional institutions is absolute. Any use of a spit hood may expose correctional officers and the State to liability.

Section 70 interacts with criminal sentencing (PNJ v The Queen [2009] HCA 6): Section 70's satisfaction of a life sentence provision has been noted in the High Court as relevant to double punishment arguments in cases where a person is convicted of a more serious offence for the same conduct after serving part of a lesser sentence.

Example 1: Parole breach. A prisoner released on parole fails to report to a parole officer as required by their parole conditions. The Parole Board may take action under section 74, including imposing community service (s 74AA) or issuing a warrant for the parolee's apprehension (s 76). A police officer may arrest the parolee under section 76B without a warrant if the Board has authorised it.

Example 2: Official visitor complaint. A prisoner observes poor hygiene conditions in their correctional institution. Section 20F entitles the prisoner to request to contact the official visitor. The official visitor must follow up the report in accordance with section 20G's reporting obligations.

Example 3: Drone near prison. An unauthorised remotely piloted aircraft is observed flying near a South Australian prison. Correctional officers may exercise the special powers in section 87B to deal with the aircraft.

Example 4: Visiting Tribunal discipline. A witness refuses to answer a relevant question before a Visiting Tribunal hearing a disciplinary matter. Section 41(2) provides that such refusal constitutes a criminal offence punishable by $7,500 or 3 months imprisonment.