Correctional Services Act 1982

Part 1—Preliminary 1—Short title This Act may be cited as the Correctional Services Act 1982. 3—Objects and guiding principles (1) The primary object of this Act is the promotion of community safety. (2) The other objects of this Act are— (a) to provide mechanisms for the establishment and proper administration of correctional institutions, probation and parole hostels and other facilities and services relating to persons who offend against the criminal law; and (b) to provide for the safe and secure management of prisoners held in correctional institutions in the State; and (c) to promote the rehabilitation of prisoners, probationers and parolees— (i) by providing the necessary correction, guidance and management to assist in their reintegration into the community; and (ii) by providing for effective, planned and individualised management plans for prisoners, probationers and parolees, including by providing for the assessment of the risks they pose to the community, their needs and the development, implementation and review of management plans based on such assessments; and (d) to have regard to the rights of victims of crime; and (e) to have regard to the particular needs and circumstances relevant to the cultural identity and linguistic background of prisoners, probationers and parolees; and (f) to recognise the importance of family and community involvement and participation in the rehabilitation of prisoners, probationers and parolees; and (g) to recognise the particular importance of Aboriginal and Torres Strait Islander community involvement in the rehabilitation of prisoners, parolees and probationers who are Aboriginal and Torres Strait Islander persons, by ensuring so far as is reasonably practicable that— (i) Aboriginal and Torres Strait Islander persons are placed in a correctional institution as close as possible to their usual place of residence; and (ii) an Aboriginal or Torres Strait Islander person is entitled to seek a review of a decision to transfer the person from 1 correctional institution to another in relation to regional transfers where the person will be 200km or further from the correctional institution they are being transferred from; and (iii) Aboriginal and Torres Strait Islander communities are adequately consulted in relation to any community service projects that are regarded as having particular value to the relevant Aboriginal or Torres Strait Islander community; and (h) to support the reintegration of prisoners, probationers and parolees with the community as part of their rehabilitation; and (i) to facilitate, for the purpose of promoting the safety of the community, the sharing of information related to the administration or enforcement of this Act in accordance with the requirements of this Act; and (j) to make provision in relation to the management of officers and employees. (3) The Minister, the CE, the Department and other persons and bodies involved in the administration of this Act are to be guided by the following principles in the exercise of their functions: (a) in exercising powers under this Act, the paramount consideration must be the safety of the community; (b) prisoners, probationers and parolees should be made aware of their obligations under the law, of the consequences of any breach of the law and of the importance of individual responsibility; (c) the management of prisoners, probationers and parolees should be designed to assist in their rehabilitation and reintegration into the community; (d) facilities and programs developed for the care, rehabilitation, imprisonment, training, therapeutic treatment or other treatment of prisoners, probationers and parolees should— (i) be evidence based; and (ii) be individually designed as much as reasonably practicable— (A) to take account of the prisoner, probationer or parolee's age, gender, gender identity, sexuality or sexual identity, cultural identity, developmental and cognitive capacity, ability or disability, and any special needs; and (B) to address offending behaviours; and (C) to address the physical and mental health of the prisoner, probationer or parolee; and (D) to address the educational and vocational training needs of the prisoner, probationer or parolee; and (iii) be governed by a comprehensive assessment and case plan developed in a multidisciplinary framework; and (iv) support— (A) a focus on connecting and reintegrating with the community; and (B) recognition of the impact of offending on victims; and (v) take into consideration the different traditions, cultural values and religious beliefs of ethnic or racial groups within the prisoner, probationer or parolee's community. 4—Interpretation (1) In this Act, unless the contrary intention appears— Aboriginal or Torres Strait Islander person means a person who— (a) is descended from an Aboriginal or Torres Strait Islander; and (b) regards themself as an Aboriginal or Torres Strait Islander; and (c) is accepted as an Aboriginal or Torres Strait Islander by an Aboriginal or Torres Strait Islander community; alcotest means a test by means of an apparatus of a kind approved for the conduct of alcotests under the Road Traffic Act 1961; analyst has the same meaning as in the Controlled Substances Act 1984; biological sample means a sample of urine, saliva or sweat; the Board means the Parole Board of South Australia; CE means the person holding or acting in the position of chief executive of the Department; child sexual offence means an offence under the Criminal Law Consolidation Act 1935 of the following kind committed against or in relation to a child under 16 years of age (including a substantially similar offence against a corresponding previous enactment or the law of another place): (a) rape; (ab) compelled sexual manipulation; (b) indecent assault; (ba) persistent sexual abuse of a child; (c) incest; (d) an offence involving unlawful sexual intercourse; (e) an offence involving an act of gross indecency; (f) an offence involving child prostitution; (g) an offence involving indecency or sexual misbehaviour including an offence against Part 3 Division 11A of the Criminal Law Consolidation Act 1935 or against section 23 or 33 of the Summary Offences Act 1953; (h) an attempt to commit, or assault with intent to commit, any of the offences referred to in the above paragraphs; (i) any other offence (such as homicide or abduction), if there are reasonable grounds to believe that any of the offences referred to in the above paragraphs was also committed by the same person against or in relation to the child in the course of, or as part of the events surrounding, the commission of the offence; Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code; community corrections officer means an officer or employee of the Department whose duties include the supervision of offenders in the community; contempt prisoner means a person committed to prison, or sentenced to imprisonment, for failure to comply with an order for the payment of a pecuniary sum, or for contempt of court; correctional institution means a prison or police prison; correctional services dog means a dog that has completed training of a kind approved by the CE for the purposes of this Act; criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or endanger a person's life or physical safety; criminal organisation means a criminal organisation within the meaning of Division 1 or Division 2 of Part 3B of the Criminal Law Consolidation Act 1935; Department means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; drug means— (a) alcohol; or (b) a substance that is a prescription drug or a controlled drug under the Controlled Substances Act 1984; drug test means an alcotest or a prescribed procedure; and drug testing has a corresponding meaning; electronic device means an electronic device of a class or kind approved by the Minister for the purposes of this Act; home detention means home detention served subject to a home detention order or home detention served by a prisoner under Part 4 Division 6A (as the case requires); home detention order means an order made by a court under the Sentencing Act 2017 that a prisoner serve a sentence of imprisonment imposed on the prisoner by the court on home detention; immediate family means— (a) a spouse or domestic partner; (b) a parent; (c) a grandparent; (d) a child (including an adult child); (e) a grandchild (including an adult grandchild); (f) a brother or sister; injury means physical or mental injury, and includes pregnancy, mental shock and nervous shock; magistrate means a magistrate appointed under the Magistrates Act 1983; manager, in relation to a correctional institution, means the person for the time being in charge of the institution; member, of a criminal organisation, includes an associate member or a prospective member, however described; nearest police station, in relation to a person who has been arrested without warrant under this Act, means the police station nearest to the place of arrest at which facilities are continuously available for the care and custody of the person arrested; non-parole period means a period fixed by a court as a period during which a prisoner may not be released on parole; parent includes a person who stands in the position, and undertakes the responsibilities, of a parent; police prison means premises declared to be a police prison under Part 3; prescribed procedure means a procedure, prescribed by regulation, consisting of the taking of a biological sample from a person for analysis for the purpose of ascertaining the presence of a drug in the body of the person from whom the sample was taken; prison means premises declared to be a prison under Part 3; prisoner means a person committed to a correctional institution pursuant to an order of a court or a warrant of commitment; probation and parole hostel means premises declared by the Minister under section 17E to be a probation and parole hostel; registered victim includes a member of a victim's immediate family whose name is entered in the Victims Register; remand prisoner means a person remanded in custody awaiting trial or sentence; sentence of indeterminate duration means detention in custody until further order of a court; sexual offence means an offence under the Criminal Law Consolidation Act 1935 of the following kind (including a substantially similar offence against a corresponding previous enactment or the law of another place): (a) rape; (ab) compelled sexual manipulation; (b) indecent assault; (ba) persistent sexual abuse of a child; (c) incest; (d) an offence involving unlawful sexual intercourse; (e) an offence involving an act of gross indecency; (f) an offence against Part 3 Division 12 of the Criminal Law Consolidation Act 1935; (g) an attempt to commit, or assault with intent to commit, any of the offences referred to in the above paragraphs; (h) any other offence (such as homicide or abduction), if there are reasonable grounds to believe that a sexual offence was also committed by the same person in the course of, or as part of the events surrounding, the commission of that offence, and includes any other offence that is a child sexual offence; spouse—a person is the spouse of another if they are legally married; terrorism intelligence authority means a terrorism intelligence authority designated by regulations under section 74B of the Police Act 1998; terrorism notification means a terrorism notification under section 74B of the Police Act 1998; terrorist offence means— (a) an offence against Division 72 Subdivision A of the Commonwealth Criminal Code (International terrorist activities using explosive or lethal devices); or (b) a terrorism offence against Part 5.3 of the Commonwealth Criminal Code (Terrorism) where the maximum penalty is 7 or more years imprisonment; or (c) an offence against Part 5.5 of the Commonwealth Criminal Code (Foreign incursions and recruitment), except an offence against subsection 119.7(2) or (3) (Publishing recruitment advertisements); or (d) an offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth, except an offence against paragraph 9(1)(b) or (c) of that Act (Publishing recruitment advertisements); or (e) an offence of a kind prescribed by the regulations for the purposes of this definition; terror suspect—see subsection (4); victim of an offence means a person who suffers injury as a result of the offence; Victims Register—see section 5; VIC levy means a levy imposed under the Victims of Crime Act 2001 or a corresponding previous law; Visiting Tribunal, in relation to a correctional institution, means a Visiting Tribunal established under this Act in respect of that institution. (2) A reference in this Act to an officer of the Department includes a reference to— (a) a person who, immediately before the commencement of this subsection, held an appointment made by the Governor as an officer of the Department; or (b) a person who, after the commencement of this subsection, is designated by the Minister as an officer of the Department under section 4A. (3) For the purposes of this Act, unless the contrary intention appears— (a) a reference to imprisonment (other than in a penalty provision) includes a reference to imprisonment served on home detention subject to a home detention order; and (b) a reference to a prisoner includes a reference to a person serving a sentence of imprisonment on home detention subject to a home detention order; and (c) a reference to the release of a prisoner from a correctional institution or prison includes a reference to the release of a prisoner subject to a home detention order from home detention. (4) A person is a terror suspect for the purposes of this Act if the person— (a) is, or has previously been, charged with a terrorist offence; or (b) has ever been convicted of a terrorist offence; or (c) is the subject of a terrorism notification; or (d) is, or has previously been, the subject of a control order under Part 5.3 of the Commonwealth Criminal Code. (5) For the purposes of subsection (4)(a), a person is only taken to have been charged with an offence if an information or other initiating process charging the person with the offence has been filed in a court. 4A—Appointment of officers of Department (1) The Minister may, by written notice, designate a person to whom this section applies as a person who is to be taken to be an officer of the Department for the purposes of this Act, the Prisoners (Interstate Transfer) Act 1982 and any other prescribed Act. (2) The Minister may, by written notice, revoke— (a) the appointment of an officer of the Department made by the Governor before the commencement of this section; or (b) a designation made under subsection (1). (3) This section applies to a person if— (a) the person is engaged by another person (the contractor) to carry out certain work in the course of and for the purposes of the contractor's business; and (b) the contractor is engaged, in the course of and for the purposes of a business, by the Minister under a contract, arrangement or understanding for the purposes of this Act or another Act; and (c) the Minister is satisfied that the person is a suitable person to be designated as an officer of the Department. (4) Section 74 of the Public Sector Act 2009 does not apply to a person designated under subsection (1). 5—Victims Register (1) The CE must keep a Victims Register for the purposes of this Act. (2) The victim of an offence for which a prisoner is serving a sentence of imprisonment or, if the victim is dead or under an incapacity or in prescribed circumstances, a member of the victim's immediate family, may apply in writing to the CE to have the following information entered in the Victims Register: (a) the applicant's name; (ab) the applicant's contact address and (if supplied) phone number or the name, contact address and (if supplied) phone number of a person nominated by the applicant to receive information under this Act on his or her behalf; (b) any information (including the name of the prisoner) in the applicant's possession that may assist the CE to identify the prisoner. (3) The CE is entitled to assume the accuracy of information supplied under subsection (2) without further inquiry. (4) The Victims Register must also contain any other information prescribed by the regulations. (5) The CE must, when requested to do so by the Board, provide the Board with information derived from the Victims Register. (6) If the Victims Register includes particulars of a person nominated by a registered victim to receive information under this Act on his or her behalf, any information or notification required or authorised by this Act to be given to the registered victim must, instead, be given to the person so nominated (and where such information or notification is to be given at the request of the registered victim, the person so nominated is entitled to make such a request as if he or she were the registered victim). 6—Criminal intelligence (1) Information that is classified by the Commissioner of Police as criminal intelligence for the purposes of granting an approval under section 34(4)(e) or making an order under section 85A(1)(b), or in connection with providing information under section 85CB, may not be disclosed to any person other than the CE, the Minister, a court or a person to whom the Commissioner of Police authorises its disclosure. (2) If— (a) the CE— (i) refuses to grant an approval under section 34(4)(e); or (ii) makes an order under section 85A(1)(b) excluding a person from a correctional institution or institutions; and (b) the decision to do so is made because of information that is classified by the Commissioner of Police as criminal intelligence, the CE is not required to provide any grounds or reasons for the decision other than that it was made in the public interest or that it would be contrary to the public interest if the person were to be permitted to visit a prisoner in, or enter, the correctional institution or institutions. (2a) If the CE decides to take action in relation to a relevant person (within the meaning of section 85CB) after receiving information provided by the Commissioner of Police in accordance with that section and the decision to do so is made because of information that is classified by the Commissioner of Police as criminal intelligence, the CE is not required to provide any grounds or reasons for the decision other than that it was made in the public interest or that it would be contrary to the public interest if the action were not to be taken. (3) In any proceedings relating to a decision of the CE to refuse to grant an approval under section 34(4)(e) or an order of the CE under section 85A(1)(b), the CE and the court before which the proceedings are being heard— (a) must, on the application of the Commissioner of Police, take steps to maintain the confidentiality of information classified by the Commissioner of Police as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and (b) may take evidence consisting of or relating to information so classified by the Commissioner of Police by way of affidavit of a police officer of or above the rank of superintendent. (3a) In any proceedings relating to a decision of the CE to take action in relation to a relevant person (within the meaning of section 85CB) after receiving information provided by the Commissioner of Police in accordance with that section, the CE and the court before which the proceedings are being heard— (a) must, on the application of the Commissioner of Police, take steps to maintain the confidentiality of information classified by the Commissioner of Police as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and (b) may take evidence consisting of or relating to information so classified by the Commissioner of Police by way of affidavit of a police officer of or above the rank of superintendent. (4) The Commissioner of Police may not delegate the function of classifying information as criminal intelligence under this section except to a Deputy Commissioner or Assistant Commissioner of Police.

Part 2—Correctional services

Division 1—Administration 7—Power of Minister and CE to delegate (1) The Minister may, from time to time, by instrument in writing, delegate to the CE any powers, duties or functions under this Act or any other Act. (2) The CE may delegate to any officer or employee of the Department, any of the powers, functions, duties or responsibilities vested in, imposed on or delegated to, the CE under this Act or any other Act. (2a) The CE may delegate to the manager of a police prison any of the powers, functions, duties or responsibilities— (a) that are vested in, imposed on or delegated to the CE; and (b) that are applicable to the police prison or to those persons who are, or are to be, detained in it. (3) A delegation under this section is revocable at will, and does not prevent the exercise or performance of any power, function, duty or responsibility by the Minister or the CE. (4) Any power, function, duty or responsibility vested in, imposed on or delegated to the CE under this Act may, if the CE is absent from or otherwise unable to perform the duties of office, be exercised or performed by such other officer or employee of the Department as the Minister may authorise. 8—Use of volunteers in the administration of this Act The Minister must promote the use of volunteers in the administration of this Act to such extent as the Minister thinks appropriate. 9—CE's annual report (1) The CE must, not later than 31 October in each year, submit to the Minister a report on— (a) the operation of this Act and the work of the Department for the financial year ending on the preceding 30 June; and (b) any other matter as the Minister may direct. (2) The Minister must, as soon as practicable after receipt of a report submitted under this section, cause a copy of the report to be laid before each House of Parliament.

Division 3—Visiting Tribunals 17—Establishment of Visiting Tribunals (1) There must be established for each correctional institution such number of Visiting Tribunals as the Minister thinks necessary or desirable. (2) The Governor may, by proclamation, appoint— (a) a magistrate; or (b) a special justice, to be a Visiting Tribunal for a correctional institution. (4) The Governor may, by further proclamation, vary or revoke a proclamation under this section.

Division 4—Community service administration 17A—Establishment of community service centres (1) The Minister may, by notice published in the Gazette, declare any premises to be a community service centre. (2) The Minister may, by notice published in the Gazette, revoke or vary a declaration under this section. (3) Community service centres are under the control of the Minister. 17D—Insurance cover to be provided by Minister (1) The Minister must provide insurance, upon such terms and conditions as the Minister thinks fit, for offenders in respect of death or injury arising out of, or occurring in the course of, community service performed pursuant to any Act. (2) The Minister must provide insurance, upon such terms and conditions as the Minister thinks fit, for persons appointed as voluntary supervisors of offenders performing community service pursuant to any Act in respect of death or injury arising out of, or occurring in the course of, carrying out their duties as supervisors. (3) The cost of providing insurance cover under this section will be borne by the Crown.

Division 5—Probation hostels 17E—Establishment of probation hostels (1) The Minister may, by notice published in the Gazette, declare any premises to be a probation hostel. (2) The Minister may, by notice published in the Gazette, vary or revoke a declaration under this section. (3) Probation hostels are under the control of the Minister.

Part 3—Correctional institutions Division 1—Establishment of correctional institutions 18—Governor may proclaim premises to be a prison or police prison (1) The Governor may, by proclamation— (a) declare any premises to be a prison; or (b) declare any premises under the control of the Commissioner of Police to be a police prison, for the purposes of this Act. (2) The Governor may, by further proclamation, vary or revoke a proclamation under subsection (1). 19—Correctional institutions to be under the control of the Minister (1) All correctional institutions established under this Act are under the control of the Minister.

Division 2—Official visitors 19A—Preliminary For the purposes of this Division, a reference to a correctional institution includes a reference to— (a) a vehicle (including a police vehicle)— (i) on the grounds of a correctional institution; or (ii) used to transport prisoners to or from correctional institutions; and (b) a cell at a court being used to accommodate a prisoner. 19B—Review (1) The Minster must, within 5 years after the commencement of this section, cause a review of the operation of this Division to be undertaken. (2) A report on the review must be provided to the Minister who must cause a copy of the report to be laid before each House of Parliament within 3 months after receipt of the report. 20—Official visitors (1) The Governor may appoint for each correctional institution such number of official visitors as the Governor thinks necessary or desirable. (2) The Governor must, in making appointments under this section, ensure that— (a) at least 1 official visitor for each correctional institution is an Aboriginal or Torres Strait Islander person; and (b) at least 1 official visitor for each correctional institution is a legal practitioner; and (c) at least 1 official visitor for each correctional institution is a woman. (3) A person who constitutes a Visiting Tribunal for a correctional institution cannot be appointed as an official visitor for the correctional institution. (4) An official visitor will be appointed on conditions determined by the Governor and for a term, not exceeding 5 years, specified in the instrument of appointment and, at the expiration of a term of appointment, will be eligible for reappointment. (5) The Governor may remove an official visitor from office— (a) for breach of, or noncompliance with, a condition of appointment; or (b) for misconduct; or (c) for failure or incapacity to carry out official duties satisfactorily. (6) The position of an official visitor becomes vacant if the official visitor— (a) dies; or (b) resigns by written notice given to the Minister; or (c) completes a term of appointment and is not reappointed; or (d) is removed from the position by the Governor under subsection (5); or (e) becomes bankrupt or applies as a debtor to take the benefit of the laws relating to bankruptcy; or (f) is convicted of an indictable offence or sentenced to imprisonment for an offence; or (g) becomes a member of the Parliament of this State or any other State or of the Commonwealth or becomes a member of a Legislative Assembly of a Territory of the Commonwealth. (7) Nothing in this section is to be taken to prevent the appointment of a person as an official visitor for more than 1 correctional institution. 20A—Independence (1) In exercising functions and powers under this Act, an official visitor must act independently, impartially and in the public interest. (2) Neither the Minister nor the CE can— (a) control how an official visitor is to exercise the visitor's statutory functions and powers; or (b) give any direction in relation to the exercise of powers or functions under this Division by an official visitor, including with respect to the content of any report prepared by an official visitor. Note— This provision does not derogate from any express power of the Minister or CE under this Act. 20B—Remuneration (1) An official visitor is entitled to remuneration, allowances and expenses determined by the Remuneration Tribunal. (2) Jurisdiction is, by force of this section, conferred on the Remuneration Tribunal to make a determination or perform any other functions required by this section. 20C—Staff and resources Official visitors must be provided with the resources reasonably required for exercising their functions. 20D—Functions of official visitors (1) The functions of an official visitor in relation to the correctional institution in respect of which the visitor is appointed include the following: (a) to receive any complaint of a prisoner in the correctional institution; (b) to act as an advocate for prisoners in the correctional institution to promote the proper resolution of issues relating to the care, treatment or control of the prisoners; (c) to conduct visits to the correctional institution as required or authorised under this Division; (d) to conduct inspections of the correctional institution as required or authorised under this Division; (e) to promote the best interests of prisoners in the correctional institution; (f) to inquire into, investigate and provide advice to the Minister or the CE on any matter relating to the management of the correctional institution, or the care, treatment or control of the prisoners, either on the official visitor's own initiative or on referral by the Minister or the CE; (g) to make recommendations to the Minister or the CE on any matter for the purposes of improving the quality of care, treatment or control of prisoners in the correctional institution; (h) any other functions assigned to the official visitor under this or any other Act. (2) An official visitor has power to do all things necessary or convenient to be done for or in connection with the performance of the official visitor's functions and may have free and unfettered access to a correctional institution in respect of which the visitor is appointed. (3) In exercising functions under this Division, an official visitor— (a) must encourage prisoners in the correctional institution to express their own views and give proper weight to those views; and (b) must have regard to relevant legislation and other material, including international conventions and treaties, with a view to promoting the high quality care, treatment and control of prisoners in the correctional institution; and (c) must pay particular attention to the needs and circumstances of prisoners in the correctional institution who— (i) are Aboriginal or Torres Strait Islander persons; or (ii) have a physical, psychological or intellectual disability; and (d) may receive and consider information, reports and materials relevant to exercising the official visitor's statutory functions. (4) Despite any other provision of this Division, an official visitor may conduct a visit to or inspection of any correctional institution (whether or not the official visitor is appointed in respect of the institution) if the official visitor considers it necessary to do so to investigate systemic issues relating to prisoners or the provision of correctional services. (5) An official visitor may receive and consider information, reports and materials, and interview a prisoner or other person, including in accordance with a requirement under section 20E(2), in private. (6) In exercising functions and powers under this Division, an official visitor must, so far as is reasonably practicable, ensure that those functions and powers are exercised in a manner that is not likely to— (a) adversely affect the good order and security of a correctional institution or the safety of any person at, or whose work is connected with, a correctional institution; or (b) adversely affect the protection from disclosure of criminal intelligence or the protection of the health, safety and welfare of a victim of an offence committed by a prisoner. 20E—Provision of information to official visitor (1) A government or non-government organisation that is involved in the provision of services under this or any other Act must, at an official visitor's request, provide the official visitor with free and unfettered access to information relevant to the exercise of the official visitor's functions. (2) If an official visitor has reason to believe that a person is capable of providing information or producing a document that may be relevant to the exercise of the official visitor's functions, the official visitor may, by notice in writing provided to the person, require the person to do 1 or more of the following: (a) to provide that information to the official visitor in writing signed by that person or, in the case of a body corporate, by an officer of the body corporate; (b) to produce that document to the official visitor; (c) to attend before a person specified in the notice and answer relevant questions or produce relevant documents. (3) A notice under subsection (2) is to specify the period within which, or the time, day and place at which, the person is required to provide the information or document, or to attend. (4) A notice under subsection (2) must provide a period of time for compliance with a requirement under that subsection that has been determined by the official visitor to be reasonable in the circumstances. (5) A person must comply with a requirement under subsection (2). Maximum penalty: $5 000. (6) However, information or a document is not required to be provided or produced under this section if to do so would involve the disclosure (directly or indirectly) of information in relation to or connected with a matter that forms or is the subject of a complaint, report, assessment, investigation, referral or evaluation under the Independent Commissioner Against Corruption Act 2012. (7) In addition, information or a document is not required to be provided or produced under this section if to do so would involve the disclosure (directly or indirectly) of— (a) criminal intelligence; or (b) information in relation to or connected with a victim of an offence committed by a prisoner. (8) If a document is produced in accordance with a requirement under this section, the official visitor may take possession of, make copies of, or take extracts from, the document. 20F—Requests to contact official visitor A prisoner in a correctional institution may make a request to contact an official visitor in respect of the correctional institution. 20G—Reporting obligations of official visitor (1) An official visitor may, at any time, provide a report to the Minister on any matter arising out of the performance of the official visitor's functions. (2) An official visitor must, not later than 31 October in each year, provide a report to the Minister on the work of the official visitor during the previous financial year. (3) The Minister must, within 6 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament. (4) If a report laid before Parliament under this section includes recommendations on any matter relating to the management of a correctional institution or for the purposes of improving the quality of care, treatment or control of prisoners, the Minister must, within 8 sitting days of the expiration of 6 months after the report was laid before Parliament, cause a report to be laid before each House of Parliament giving details of any action taken or proposed to be taken in consequence of those recommendations. 20H—Confidentiality of information Information about individual cases disclosed to an official visitor is to be kept confidential and is not liable to disclosure under the Freedom of Information Act 1991. 20I—Offences (1) A person must not, without reasonable excuse, hinder, resist or threaten an official visitor in the exercise of powers or functions under this Division. (2) A person must not make a statement that the person knows to be false or misleading in a material particular to an official visitor in the provision of information under this Division. (3) A person must not deliberately mislead or attempt to mislead an official visitor in relation to the exercise of powers or functions under this Division by the official visitor. (4) A person must not— (a) prejudice, or threaten to prejudice, the safety or career of; or (b) intimidate or harass, or threaten to intimidate or harass; or (c) do any act that is, or is likely to be, to the detriment of, either of the following: (d) another person because the other person has provided, is providing or will or may in the future provide information to an official visitor in the exercise of powers or functions under this Division; (e) an official visitor in relation to the exercise of powers or functions under this Division by the official visitor. 20J—Conflict of interest (1) An official visitor must inform the Minister in writing of any direct or indirect interest that the official visitor has or acquires that conflicts or may conflict with the official visitor's functions under this Division (including, for example, if the official visitor has been an officer or employee of the Department or another public sector agency, or a member of a Minister's staff). (2) An official visitor must take steps to resolve a conflict or possible conflict between a direct or indirect interest and the official visitor's functions in relation to a particular matter and, unless the conflict is resolved to the Minister's satisfaction, the official visitor is disqualified from acting in relation to the matter.

Part 4—Imprisonment Division 1—Admission and assignment of prisoners 21A—Documentation to be presented upon admission of a prisoner to a correctional institution A person who is to be detained in a correctional institution pursuant to an order of a court or a warrant of commitment cannot be admitted to a correctional institution for detention except on presentation of— (a) a written statement that contains particulars of the order of the court; or (b) the warrant of commitment, which must contain particulars of the order of the court on which it is founded. 22—Assignment of prisoners to particular correctional institutions (1) A person who is remanded in custody awaiting trial or sentence will be detained in such correctional institution as the CE may determine. (2) Subject to this section, a person who is sentenced to imprisonment or committed to prison will be imprisoned in such correctional institution as the CE may determine. (3) Subject to this Act, a person who is sentenced to a term of imprisonment exceeding 15 days must not be imprisoned in a police prison. (4) A person may be detained in a particular correctional institution pursuant to this section notwithstanding that the warrant of commitment by virtue of which the person is detained in custody directs that he or she be detained in some other correctional institution. Division 3—Assessment of prisoners 23—Initial and periodic assessment of prisoners (1) The CE must, as soon as practicable after the initial admission to a prison of a person who has been sentenced to a term of imprisonment exceeding six months, to life imprisonment or to a sentence of indeterminate duration, and thereafter at regular intervals of not more than one year, assess the prisoner and his or her circumstances and determine whether or not the prisoner should be transferred to some other prison. (2) The Minister may, for the purpose of assisting the CE in carrying out assessments under this section, establish such committees as the Minister thinks fit. (3) In carrying out an assessment under this section, the CE must have regard to— (a) the age, gender, gender identity, sexuality or sexual identity, and the social, medical, psychological and vocational background and history, of the prisoner; and (b) the needs of the prisoner in respect of education or training or medical or psychiatric treatment; and (c) the aptitude or suitability of the prisoner for any particular form of training or work; and (d) the nature of the offence, or offences, in respect of which the prisoner is imprisoned and the length of sentence; and (e) the information contained in any file held by a court in respect of the prisoner; and (f) the behaviour of the prisoner while in prison; and (g) the security of, and availability of accommodation in, any prison under consideration; and (h) the question of maintaining the prisoner's family ties; and (i) where relevant, any proposed plans in respect of the release of the prisoner and his or her social rehabilitation; and (j) such other matters as the CE thinks relevant. (4) The CE must notify the prisoner before commencing an assessment, and must, if the prisoner so requests, grant the prisoner an opportunity to make representations in person to the CE or to a committee established pursuant to subsection (2), including a request that, if practicable, the assessment be made by a person of the same sex or gender identity as the prisoner. (5) The prisoner may make written representations in respect of his or her assessment to the CE or to a committee established pursuant to subsection (2). (6) After the first assessment of a prisoner has been completed, the CE must prepare a programme in relation to the prisoner that contains particulars of any proposals for the education or training or medical or psychiatric treatment of the prisoner, and may, after any subsequent assessment, add to or vary that programme. Division 4—Custody of prisoners 24—CE has custody of prisoners (1) The CE has the custody of a prisoner, whether the prisoner is within, or outside, the precincts of the place in which he or she is being detained, or is to be detained. (2) Subject to this Act, the CE has an absolute discretion— (a) to place any particular prisoner or prisoner of a particular class in such part of the correctional institution; and (b) to establish in respect of any particular prisoner, or prisoner of a particular class, or in respect of prisoners placed in any particular part of the correctional institution, such a regime for work, recreation, contact with other prisoners or any other aspect of the day-to-day life of prisoners; and (c) to vary any such regime, as from time to time seems expedient to the CE. (3) A variation of a regime in respect of a particular prisoner under subsection (2) for any purpose does not constitute a penalty for the purposes of this Act. Division 5—Transfer and leave of absence of prisoners 25—Transfer of prisoners (1) The CE may, by written order, direct that a prisoner be transferred from the place in which he or she is being detained to any other correctional institution. (2) An order given by the CE under subsection (1) is sufficient authority for the transfer of the prisoner in accordance with the order and the detention of the prisoner in the correctional institution to which he or she is transferred. 26—Prisoner may be temporarily detained in any other prison etc while in transit While a prisoner is being taken to any place in which he or she is to be detained, or is being taken for any purpose contemplated by this Act from any place in which he or she is being detained, the prisoner may, without any authority other than this section, be detained in any other place for as long as may reasonably be required in the course of effecting the transfer. 27—Leave of absence from prison (1) The CE may, by written order, grant to a prisoner leave to be absent from the place in which he or she is being detained— (a) for the medical or psychiatric examination, assessment or treatment of the prisoner; or (b) for the attendance of the prisoner at an educational or training course; or (c) for the participation of the prisoner in paid employment or in any form of recreation, entertainment or community service; or (d) for such compassionate purpose as the CE thinks fit; or (e) for any purpose related to criminal investigation; or (f) for such other purpose as the CE thinks fit. (1a) However, a prisoner may not be granted leave to be absent from the place in which he or she is being detained in circumstances set out in the regulations. (2) Leave of absence granted under this section may be subject to such conditions as the CE thinks fit, including either or both of the following: (a) a condition requiring the prisoner— (i) to be in the custody of, and supervised by, 1 or more officers or employees of the Department authorised by the Minister for the purpose; and (ii) to obey the reasonable directions of any officer or employee authorised under subparagraph (i); (b) a condition requiring the prisoner to be monitored by use of an electronic device. (2a) If leave of absence is to be granted to a prisoner for participation in paid employment, the CE may impose a condition requiring the prisoner to pay to the CE a specified amount per week, calculated in accordance with the Minister's directions, towards the cost of his or her board and lodging while so employed, or towards reducing the amount of any VIC levy that the prisoner is liable to pay in respect of any offence. (3) The CE may, by written order, revoke a leave of absence granted under this section, or vary or revoke any of the conditions to which it is subject or impose further conditions. (4) Where a prisoner is still at large after the revocation or expiry of leave of absence, the prisoner may be apprehended without warrant by any police officer or any officer or employee of the Department authorised by the Minister for the purpose. (5) A prisoner who is still at large after the expiry of leave of absence will be taken to be unlawfully at large. (6) A prisoner is not, while still at large after revocation of leave of absence, serving his or her sentence of imprisonment. 27A—Interstate leave of absence (1) The following provisions apply in relation to a request under section 27 for leave of absence to be taken outside of this State: (a) the leave may only be granted in respect of a participating State; (b) the period of leave cannot exceed 7 days, but successive grants of leave can be made; (c) the CE must give written notice of the leave to— (i) the chief officer of police and the corresponding chief executive in the State in which the leave will be taken; and (ii) the chief officer of police in any other State through which the prisoner will have to travel by land; (d) the prisoner remains in the custody of the CE despite being outside the State. (2) The following provisions apply in relation to an interstate prisoner who has been granted leave of absence under a corresponding law: (a) an order or permit under a corresponding law appointing an escort for the prisoner has effect, according to its terms, while the prisoner is in this State, except for any period during which the prisoner is detained in a correctional institution; (b) if the prisoner is in the custody of an escort and requires overnight accommodation while in this State, the prisoner may be detained in a correctional institution for that period, and the order or permit for the leave is sufficient authority for that detention (whether or not the leave is to be taken in this State); (c) if, while the prisoner is in this State, the prisoner escapes or attempts to escape from custody, breaches a condition to which the leave is subject or is otherwise unlawfully at large, the prisoner may be arrested, without warrant, by— (i) an officer or employee of the Department; or (ii) a police officer; or (iii) the prisoner's escort (if any), and taken to the nearest police station; (d) a prisoner who is arrested under paragraph (c) must be brought before a magistrate within 2 working days of the day of arrest and may be detained in a correctional institution until that occurs; (e) the magistrate may, if he or she thinks it appropriate in such a case, order that the prisoner— (i) be returned by the prisoner's escort to the State in which the leave was granted; or (ii) be delivered into the custody of an escort for the purposes of being returned to that State, as the case may require (and no right of appeal lies against such an order); (f) if an order is made under paragraph (e)(ii)— (i) the prisoner may be detained in a correctional institution until— (A) the order is executed; or (B) the expiration of 7 days from the making of the order, whichever occurs first; and (ii) the order, if not executed, expires at the end of that 7 day period; (g) the prisoner will, while detained in a correctional institution under this section, be taken to be a prisoner for the purposes of this Act. corresponding chief executive, in relation to a participating State, means the officer responsible for the administration of prisons in that State; corresponding law means a law prescribed by regulation to be a corresponding law for the purposes of this section; escort, in relation to a prisoner or an interstate prisoner, means a person authorised or appointed under this Act or the law of the participating State to have custody of the prisoner for the purposes of leave of absence, or return from leave of absence, as the case may be; interstate prisoner means a person subject to detention in a participating State who has been granted leave of absence under a corresponding law; participating State means a State in which a corresponding law is in force; State means a State or Territory of the Commonwealth. 28—Removal of prisoner for criminal investigation, attendance in court etc (1) A prisoner is entitled to attend before a court for the purpose of committal proceedings, trial or sentence for the offence in respect of which the prisoner is being detained or for any other offence with which he or she has been charged. (2) Where a prisoner is required to attend before a court whether as a party to any proceedings or as a witness, the court hearing the proceedings may, by order, direct the CE to cause the prisoner to be brought before the court in accordance with the order. (2a) If a prisoner is required to attend before the Independent Commissioner Against Corruption, the Deputy Commissioner or an examiner under the Independent Commission Against Corruption Act 2012, the Commissioner, Deputy Commissioner or examiner may, by order, direct the manager of the correctional institution in which the prisoner is being detained to cause the prisoner to be brought before the Commissioner, Deputy Commissioner or examiner in accordance with the order. (3) On the determination or an adjournment of proceedings at which a prisoner attends under this section, the prisoner may be returned to the correctional institution without any further process or authority. (4) If a prisoner— (a) has been charged with an offence; or (b) is suspected on reasonable grounds of— (i) having committed an offence; or (ii) having knowledge or information that might assist in the prevention or investigation of an offence, the CE must, at the request of a police officer, release the prisoner into the custody of the police officer for the purposes of investigation of the offence, obtaining evidence as to the commission of the offence or identifying the prisoner as the person who committed the offence, in accordance with law.

Division 6—Management of prisoners 29—Work by prisoners (1) A prisoner is, while in a correctional institution, required to perform such work, whether within or outside the precincts of the correctional institution, as the CE directs. (3) Tasks selected for prison work must, as far as reasonably practicable, be selected on the basis that they are likely to provide prisoners with experience in a recognised profession, trade or other field of employment. (4) The CE must, in directing a prisoner to perform any particular work, have regard to the age and the physical and mental health of the prisoner, and any skills or work experience of the prisoner. (5) A prisoner in a correctional institution is not entitled to perform any other remunerated or unremunerated work of any kind, whether for the benefit of the prisoner or any other person, unless the prisoner has the permission of the CE to do so. 30—Prison education The CE must arrange for such courses of instruction or training as the CE thinks fit to be made available to prisoners. 31—Prisoner allowances and other money (1) A prisoner is, while in a correctional institution, entitled to an allowance at a rate from time to time fixed by the CE. (2) A prisoner who performs work under this Division (not being work performed under section 29(5)) is entitled to a further allowance at a rate from time to time fixed by the CE. (2a) The CE may establish a system of bonus payments for prisoners who, in the opinion of the CE, display a positive attitude, or apply themselves with particular effort, to the performance of work or other tasks or duties in the prison. (3) The CE may, for the purposes of subsection (2), fix rates of allowance that vary according to— (a) the classes of work to which they apply; or (b) the correctional institution in which the work will be performed; or (c) the different security classifications of prisoners performing the work; or (d) any combination of those factors. (4) All allowances to which a prisoner is entitled under this section will be credited to the prisoner to an account, or accounts, kept in his or her name by the CE. (4a) The CE may establish an account in the name of a prisoner into which is paid from time to time a proportion (not exceeding 30 per cent) of the prisoner's weekly income under this section, for the purposes of the resettlement of the prisoner in the community on being discharged from prison. (4b) The amount standing to a prisoner's credit in a resettlement account cannot be drawn on while the prisoner is in prison unless the CE is of the opinion that special reason exists for doing so. (5) The CE must review regularly the rates of the allowances to which a prisoner is entitled under this section. (5a) Subject to subsections (5b) and (5c), the CE may, if a prisoner receives any money (other than the allowances paid under this section)— (a) hold the money for as long as may be necessary for the purposes of ascertaining the identity of the person who made the payment and the circumstances of the payment; or (b) credit the whole, or part, of it to the prisoner; or (c) hold the whole, or part, of it on behalf of the prisoner and pay it over to the prisoner in accordance with this Act on discharge from prison; or (d) return the whole, or part, of it to the person who made the payment; or (e) if the prisoner is not lawfully entitled to the money, and the identity or whereabouts of the person who made the payment cannot be ascertained—pay the money to the Treasurer under section 6 of the Unclaimed Money Act 2021; or (f) retain it as evidence of an offence. (5b) A person who has been released from prison may not, without the approval of the CE, within a period of 12 months of release from prison, give money to a prisoner or deposit money in any account kept in the name of a prisoner. (5c) If a prisoner receives money in contravention of subsection (5b), the CE must make reasonable efforts to return the money to the person who made the payment. (6) The CE may deduct from any money standing to the credit of a prisoner pursuant to this section any amount due and payable by the prisoner by way of repayment of a loan made by the CE. (6a) If the CE is aware, by virtue of a warrant executed against the prisoner (whether issued before or after the commencement of this subsection), that a prisoner is liable for a VIC levy imposed in respect of any offence, the CE must deduct from the prisoner's weekly income under this section an amount determined by the CE. (6b) Subsection (6a) does not apply in relation to a prisoner who is being detained by virtue only of a warrant of commitment issued before the commencement of this subsection solely for the enforcement of a VIC levy. (6c) Money deducted under subsection (6a), and any money paid to the CE at any time by a prisoner in or towards satisfaction of a VIC levy, must be paid into the Victims of Crime Fund. (7) Subject to this Act, withdrawals from any account held in the name of a prisoner, and the purposes for which they are made, are at the discretion of the CE and, without limiting the generality of that discretion, withdrawals may be refused where the CE thinks that the refusal is justified in the interests of the good management of the prisoner or of the correctional institution generally. 32—CE may sell items of personal use to prisoners (1) The CE may sell any items of personal use or consumption that the CE thinks fit to prisoners. (2) Withdrawals of money from any account held in the name of a prisoner, at the discretion of the CE in accordance with section 31, may be made for the purchase of items for sale under this section. (3) The CE is authorised— (a) in selling items under this section, to set prices that, in the opinion of the CE, reflect the costs associated with selling the items; and (b) if a surplus arises from time to time in selling items under this section, to retain the surplus and deposit it in the account established under section 32A. 32A—Prisoner Amenity Account (1) The Prisoner Amenity Account is established. (2) The CE will be responsible for the administration of the account. (3) The account will consist of— (a) any surplus deposited from time to time under section 32(3)(b); and (b) any other money that the CE thinks may be appropriately deposited in the account from time to time. (4) The CE may apply any money standing to the credit of the account towards the provision of amenities to prisoners. 33—Prisoners' mail (1) Subject to this section— (a) prisoners are entitled to receive and send letters; and (b) letters sent to prisoners must be handed to them as soon as reasonably practicable after delivery to the institution; and (c) letters sent by prisoners must be forwarded as soon as reasonably practicable. (3) A letter sent to or by a prisoner contravenes this section if it contains— (a) a threat of a criminal act; or (b) a proposal or plan to commit a criminal act, or to do anything towards the commission of a criminal act; or (c) an unlawful threat or demand; or (d) an incitement to violence, or material likely to inflame violence; or (e) plans for any activity prohibited by the regulations; or (f) an item prohibited by the regulations; or (g) a sum of money, whether in cash or otherwise, or a request for any such sum, where the prior permission of the CE has not been obtained in respect of that sum or request; or (h) a request for any goods, without the prior permission of the CE; or (i) a statement that is in code; or (j) material relating to, or that constitutes, work by the prisoner that the prisoner is not authorised to perform; or (k) material of a kind prohibited by the regulations or the CE. (3a) A letter contravenes this section if the letter is sent, or proposed to be sent, by a prisoner to— (a) if, in relation to an offence for which the prisoner was imprisoned, there is a registered victim—the registered victim; or (b) any other victim of an offence for which the prisoner was imprisoned; or (c) a person involved, or who the CE suspects was involved, in the commission of an offence for which the prisoner was imprisoned. (4) The CE may cause all letters sent to or by prisoners to be opened and examined by an authorised officer for the purpose of determining whether any letter contravenes this section. (6) An authorised officer may, for the purpose of perusing a letter opened by the authorised officer that is in a language other than English, cause the letter to be translated. (7) A letter sent by a prisoner— (aaa) to the Independent Commissioner Against Corruption or the Office for Public Integrity; or (a) to the Ombudsman; or (b) to a Member of Parliament; or (ba) to the Health and Community Services Complaints Commissioner; or (bb) to the Parole Administrative Review Commissioner; or (c) to a Visiting Tribunal; or (ca) to an official visitor of the correctional institution; or (d) to a nominated legal practitioner of the prisoner at the practitioner's business address, cannot be opened pursuant to this section. (7a) Nothing in this section empowers an authorised officer to open a declaration vote sent by a prisoner to a returning officer. (8) Where an authorised officer is satisfied on reasonable grounds that a letter sent to a prisoner is from the Independent Commissioner Against Corruption, the Office for Public Integrity, the Ombudsman, a Member of Parliament, a Visiting Tribunal, an official visitor or a nominated legal practitioner of the prisoner sent from the practitioner's business address, the authorised officer must not open that letter. (10) Where a letter sent to a prisoner is found to contravene this section, the CE may— (a) in the case of a letter— (i) hand it over to the prisoner; or (iii) furnish a copy of it to the prisoner with any material that contravenes this section deleted from the copy, provided that the letter is handed over to the prisoner on discharge from prison; or (iv) retain it as evidence of an offence, provided that a copy of it, or an expurgated copy of it, is handed over to the prisoner as soon as reasonably practicable, or on discharge from prison; and (b) in the case of a prohibited item found in a letter— (i) cause the item to be destroyed; or (iii) retain it as evidence of an offence; or (iv) return it to the sender; or (v) dispose of it in such other manner as the CE thinks fit; and (c) in the case of a sum of money, subject to subsection (10a)— (i) hold the money for as long as may be necessary for the purposes of ascertaining the identity of the sender and the circumstances of the payment; or (ii) credit the whole, or part, of it to the prisoner; or (iii) hold the whole, or part, of it on behalf of the prisoner and pay it over to the prisoner in accordance with this Act on discharge from prison; or (iv) return the whole, or part of it to the sender; or (v) if the prisoner is not lawfully entitled to the money, and the identity or whereabouts of the sender cannot be ascertained—pay the money to the Treasurer as unclaimed money for the purposes of the Unclaimed Money Act 2021; or (vi) retain it as evidence of an offence. (10a) If a sum of money referred to in subsection (10)(c) is in a letter sent to a prisoner by a person who has been released from prison within a period of 12 months before the date of receipt of the letter, the CE must return the money to the sender. (11) Where a letter sent by a prisoner is found to contravene this section, the CE may— (a) in the case of a letter— (i) return it to the prisoner; or (ii) retain it as evidence of an offence, provided that a copy is furnished to the prisoner at some time prior to any hearing in respect of the offence; and (b) in the case of a prohibited item found in a letter— (i) cause the item to be destroyed; or (iii) retain it as evidence of an offence; or (iv) return it to the prisoner; or (v) forward it to the intended recipient; or (vi) dispose of it in such other manner as the CE thinks fit; and (c) in the case of a sum of money— (i) hold it for as long as may be necessary for the purposes of ascertaining the circumstances of the payment; or (ii) retain it as evidence of an offence; or (iii) pay it into the General Revenue of the State; or (iv) disburse it in such other manner as the Minister may direct. (12) The CE must advise a prisoner in such manner as the CE thinks fit of any action taken under this section in respect of a letter, or anything contained in a letter, sent to or by the prisoner. (13) An authorised officer must not, otherwise than as required by law or in the performance of duties, disclose to any other person the contents of any letter perused pursuant to this section. (14) In this section— authorised officer means an officer or employee of the Department authorised by the CE for the purposes of this section, not being a person who is engaged in a position involving substantial day-to-day contact with prisoners; nominated legal practitioner, in relation to a prisoner, means a legal practitioner that the prisoner has, by notice in writing given to the CE, nominated as a legal practitioner that represents the prisoner, provided that a prisoner may only have up to 4 nominated legal practitioners at any particular time. 33A—Prisoners' goods (1) A prisoner is not entitled to receive any goods from a person outside the prison unless the prisoner has the permission of the CE to do so. (2) A prisoner is not entitled to send, supply or give any goods to a person (whether inside or outside of the prison) unless the prisoner has the permission of the CE to do so. (3) The CE may cause all goods, and all parcels apparently containing goods, sent or given to a prisoner, or sent, supplied or given by a prisoner, to be examined. (4) If goods sent or given to a prisoner consist of items prohibited by the regulations or are goods in respect of which permission is not given, the CE has an absolute discretion to deal with or dispose of the goods as he or she thinks fit (for example, by returning them to the sender or donor, selling, destroying or storing them, handing them over to a member of the prisoner's family). (5) If goods sent, supplied or given by a prisoner consist of items prohibited by the regulations or are goods in respect of which permission is not given, the CE has an absolute discretion to deal with or dispose of the goods as he or she thinks fit (for example, by returning them to the prisoner, selling, destroying or storing them). (6) Goods that consist of items prohibited by the regulations, or that a person is prohibited by some other Act or law from possessing, must be destroyed unless they are to be kept as evidence. (7) The Minister may fix charges for the storage of goods on behalf of prisoners. (8) Any costs incurred in dealing with or disposing of goods (including storage charges) may be deducted by the CE from any account (other than a resettlement account) held on behalf of the prisoner under this Act. (9) If a prisoner fails, on being discharged from prison, to take any goods that have been stored in the prison on his or her behalf, the CE may deal with or dispose of the goods as he or she thinks fit. (10) Any proceeds from the sale of goods under this section will (after deduction of the costs of storage and sale) be credited to the prisoner's account or, if the prisoner has been discharged and his or her whereabouts are known, refunded to the prisoner. (11) Money not refunded under subsection (10) will be dealt with in accordance with the Unclaimed Money Act 2021. 34—Prisoners' rights to have visitors (1) Subject to this section, a prisoner (other than a remand prisoner) is, while in a correctional institution, entitled to be visited by a person, or a number of persons not exceeding the prescribed number, on one occasion, or such greater number of occasions as may be prescribed, in each period of two weeks. (2) Subject to this section, a remand prisoner is entitled to be visited by a person, or a number of persons not exceeding the prescribed number, on three occasions, or such greater number of occasions as may be prescribed, in each week. (3) The CE may, if of the opinion that special reasons exist for doing so— (a) permit a prisoner to be visited on any further occasion than is provided by or under this Act; or (b) debar a particular person from visiting a prisoner for such period as the CE thinks fit, or until further order of the CE. (4) The following restrictions apply to a visit to a prisoner (including a remand prisoner) under this section: (a) a person may not visit a prisoner unless the person provides such evidence as the CE thinks appropriate as to the person's identity; (b) a person who visits a prisoner may see and speak with the prisoner but is not permitted to touch the prisoner, unless the visit is part of a contact visiting program approved by the CE; (c) a person who has been released from prison may not, without the approval of the CE, within a period of 12 months of the person's release from prison, visit a prisoner; (d) a person under the age of 18 years may not, without the approval of the CE, visit a prisoner if the prisoner has ever been found guilty of a child sexual offence; (e) a person who the CE believes on reasonable grounds is a member of a criminal organisation, or associates with, or has associated with, a member of a criminal organisation, may not visit a prisoner without the approval of the CE. 35—Prisoners' rights to access to legal aid and legal services (1) A prisoner is not by virtue of imprisonment debarred from the benefit of any Act or law relating to legal aid. (2) Where a prisoner is visited by a legal practitioner for the purpose of rendering any legal services, that visit will not be held to be a visit for the purposes of section 34. 35AA—Assistance to make certain complaints If a prisoner informs the manager of a correctional institution that the prisoner wishes to make a complaint about— (a) corruption in public administration (within the meaning of the Independent Commission Against Corruption Act 2012); or (b) misconduct in public administration or maladministration in public administration (both within the meaning of the Ombudsman Act 1972), the manager of the correctional institution must take such steps as are necessary to facilitate the making of a complaint (including providing facilities to enable the prisoner to prepare the complaint and enclose and seal it in an envelope and delivering the sealed envelope to the Commission or Ombudsman without undue delay). 35A—Power to monitor or record prisoner communication (1) Subject to this section, the CE may monitor or record a communication between a prisoner and another person. (2) A party to a communication that may be monitored or recorded under this section is not required to be informed of the fact that the communication may be monitored or recorded, unless the communication occurs in circumstances (if any) prescribed by the regulations. (3) The CE must not monitor or record a communication between a prisoner and— (a) a legal practitioner who represents the prisoner, or who is communicating with the prisoner for the purpose of determining whether or not to represent the prisoner; or (ab) the Independent Commissioner Against Corruption; or (b) the Ombudsman; or (c) the Health and Community Services Complaints Commissioner; or (d) a Member of Parliament; or (e) a Visiting Tribunal; or (f) an official visitor of the correctional institution in which the prisoner is detained; or (g) a person or body of a class designated by the CE. (4) The exemption under subsection (3) applies only if the CE has, before the communication occurs, authorised the communication. (5) If a communication monitored or recorded under this section reveals information about an offence, the CE must give the information to the Commissioner of Police. (5a) Despite any other Act or law (but without limiting subsection (5)), a communication monitored or recorded under this section or evidence or information revealed by such a communication may be provided to, and may be received and used by— (i) law enforcement agencies; and (ii) prosecution authorities; and (iii) any other person or body prescribed by the regulations, for the purposes of— (iv) any criminal investigation or proceedings; or (v) proceedings for the imposition of a penalty; or (vi) national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 of the Commonwealth); and (b) the Independent Commissioner Against Corruption and the Office for Public Integrity for the purposes of any investigation or action in relation to suspected corruption, misconduct or maladministration in public administration. (5b) Terms and expressions used in subsection (5a) and in the Independent Commissioner Against Corruption Act 2012 have the same respective meanings in that subsection as they do in that Act. communication includes conversation and a message, and any part of a conversation or message, whether— (a) in the form of— (i) speech, music or other sounds; or (ii) data; or (iii) text; or (iv) visual images, whether or not animated; or (v) signals; or (b) in any other form or in any combination of forms. 36—Power to keep prisoner apart from other prisoners (1) A prisoner must not be kept separately and apart from all other prisoners in the correctional institution except in accordance with this section. (2) The CE may direct that a prisoner be kept separately and apart from all other prisoners in the correctional institution if the CE is of the opinion that it is desirable to do so— (a) in the interests of the proper administration of justice where an investigation is to be conducted into an offence alleged to have been committed by the prisoner; or (b) in the interests of the safety or welfare of the prisoner; or (c) in the interests of protecting other prisoners; or (d) in the interests of security or good order within the correctional institution. (3) Subject to this section, a direction under subsection (2) has effect for such period, not exceeding 30 days, as may be specified in the direction. (4) A direction under subsection (2)(b), (c) or (d) may be extended by the CE for such period, not exceeding 30 days, as may be specified by the CE, if the CE is satisfied that it is desirable to do so on a ground referred to in subsection (2)(b), (c) or (d). (4a) Nothing in subsection (4) is to be taken to prevent the CE from granting more than 1 extension in respect of a direction under subsection (2)(b), (c) or (d). (5) A direction cannot be given more than once pursuant to subsection (2)(a) in respect of the incident giving rise to the alleged offence. (6) A direction given under subsection (2) or an extension— (a) must be in writing; and (b) may be revoked at any time by the CE. (7) A copy of a direction given under subsection (2) or an extension must be served personally on the prisoner within 24 hours of being given under subsection (2) or issued under subsection (4). (8) Despite the fact that a direction under subsection (2) or an extension is in force in respect of a prisoner, the CE may permit the prisoner to have contact with such other prisoners on such occasions as the CE thinks fit. (9) If, under subsection (2), the CE gives a direction— (a) that a prisoner be kept separately and apart for a period exceeding 5 days; or (b) that will result in a prisoner being kept separately and apart for a period exceeding 5 consecutive days, or an aggregate of 5 days within any 10 day period, the CE must, as soon as reasonably practicable after giving the direction, provide the Minister with a report of the circumstances relating to the direction. (9a) If the CE issues an extension the CE must, as soon as is reasonably practicable after issuing the extension, provide the Minister with a report of the circumstances relating to the extension. (10) On receiving a report under subsection (9) or (9a), the Minister may review the matter and may confirm or revoke the direction or extension (as the case requires). (11) In this section— extension means an extension issued by the CE under subsection (4). 36A—Restraints to be used on prisoners in certain circumstances (1) An officer or employee of the Department may use restraints on a prisoner— (a) if the prisoner is being transferred from the place in which the prisoner is being detained to a place where the prisoner is to be detained; or (b) if the prisoner is on leave of absence and is required to be in the custody of, and be supervised by, 1 or more officers or employees of the Department authorised by the Minister under section 27(2)(a)(i); or (c) in any other circumstances determined by the CE. (2) An officer or employee of the Department who uses restraints on a prisoner under this section must comply with any requirements determined by the CE. 37—Search of prisoners (1) The CE may cause a prisoner or a prisoner's belongings to be searched in any of the following cases: (a) where the prisoner enters a correctional institution or moves from one part of the institution to another; (b) where the CE has reasonable cause to suspect that the prisoner has in his or her possession in the correctional institution an item prohibited by the regulations; (c) where the prisoner is required pursuant to this Act to provide a biological sample for analysis. (1a) The CE may also cause a prisoner's belongings to be searched if, for the purpose of detecting items prohibited by the regulations, the CE— (a) proposes that the belongings of all prisoners within the correctional institution, or a part of the institution, be searched; or (b) causes the random selection of prisoners from the whole, or a part, of the institution for the purposes of such a search and the prisoner falls within the selection. (2) The following provisions apply to the search of a prisoner: (a) those present at any time during the search when the prisoner is naked, except a medical practitioner, must be of the same sex or gender identity as the prisoner; (b) at least two persons, apart from the prisoner, must be present at all times during the search when the prisoner is naked; (c) for the purposes of the search, the prisoner may be required— (i) to open his or her mouth; (ii) to strip; (iii) to adopt particular postures; (iv) to do anything else reasonably necessary for the purposes of the search, and if the prisoner does not comply with such a requirement reasonable force may be applied to secure compliance. (2a) A prisoner may waive the requirement under subsection (2)(a) that those present during a search (other than a medical practitioner) be of the same sex or gender identity as the prisoner. (3) Force must not be applied to open a prisoner's mouth except by or under the supervision of a medical practitioner. (4) Nothing may be introduced into an orifice of a prisoner's body for the purposes of a search except by a medical practitioner. (5) A search must be carried out expeditiously and undue humiliation of the prisoner must be avoided. (6) The annual report submitted under this Act by the CE in respect of a financial year must include particulars of— (a) the number of searches conducted under subsection (1a) in respect of each correctional institution during the year; and (b) the number and general description of items prohibited by the regulations detected in the institution during those searches. 37AA—Drug testing of prisoners (1) The CE may require a prisoner to undergo a drug test in any of the following circumstances: (a) on the initial admission of the prisoner to a correctional institution; (b) on the prisoner returning to a correctional institution after being absent; (d) if, for the purpose of ascertaining the incidence of unlawful drug use in a correctional institution, the manager— (i) proposes that all prisoners within the institution, or a part of the institution, undergo a drug test; or (ii) causes the random selection of prisoners from the whole, or a part, of the institution to undergo a drug test and the prisoner falls within the selection; (e) in any other circumstance that the CE thinks fit. (1a) The manager of a correctional institution may require a prisoner to undergo a drug test— (a) if the manager reasonably suspects that the prisoner has unlawfully used a drug; or (b) in any other circumstance that the CE thinks fit. (2) For the purposes of this Act, a prisoner uses a drug if the prisoner— (a) consumes or smokes, or administers to himself or herself, the drug; or (b) permits another person to administer the drug to him or her. (3) In proceedings for an offence against this Act or any other Act— (a) if the proceedings relate to the unlawful use of alcohol—a certificate apparently signed by an authorised officer and certifying— (i) that the prisoner named in the certificate submitted to an alcotest on a day and at a time stated in the certificate; and (ii) that the alcotest was carried out in conformity with the requirements of this Act using apparatus of a kind approved by the Governor under the Road Traffic Act 1961 for the purposes of carrying out alcotests; and (iii) that the alcotest produced a reading of a specified level of alcohol in the prisoner's blood, is, in the absence of proof to the contrary, proof of the matters so certified; (b) if the proceedings relate to the unlawful use of any other drug— (i) a certificate apparently signed by an authorised officer and certifying— (A) that the prisoner named in the certificate submitted to a specified prescribed procedure on a day and at a time stated in the certificate; and (B) that the procedure was carried out in conformity with the requirements of this Act; and (C) that the biological sample obtained as a result of the procedure was assigned a specified identifying number; and (ii) a certificate apparently signed by an analyst and certifying that the drug specified in the certificate was found to be present in the biological sample assigned that number, is, in the absence of proof to the contrary, proof of the matters so certified. authorised officer means an officer or employee of the Department authorised by the CE for the purposes of this section.

Division 6A—Home detention

Subdivision 1—Release on home detention by CE 37A—Release on home detention (1) Subject to this section, the CE has an absolute discretion to release a prisoner from prison to serve a period of home detention in accordance with this Division. (2) The exercise by the CE of the discretion under subsection (1) is subject to the following limitations: (a) a prisoner who is serving or is liable to serve a sentence of indeterminate duration and has not had a non-parole period fixed cannot be released on home detention; (d) any limitations determined from time to time by the Minister, which may include, without limitation, the exclusion of prisoners sentenced for a specified class of offence or any other class of prisoners from release on home detention. (3) The release of a prisoner under this Division is subject to the following conditions: (a) a condition requiring the prisoner to remain at the prisoner's residence during the period of home detention and not to leave the residence at any time during that period except for the following purposes: (i) attendance at remunerated employment at such times and places as are approved from time to time by the authorised officer to whom the prisoner is assigned; or (ii) urgent medical or dental treatment for the prisoner; or (iia) attendance at— (A) a place for the purpose of undergoing assessment or treatment (or both) relating to the person's mental or physical condition; or (B) an intervention program (within the meaning of the Sentencing Act 2017); or (C) any other course of education, training or instruction, or other activity, as approved or directed by the authorised officer to whom the person is assigned; or (iii) any other purpose approved or directed by the authorised officer to whom the prisoner is assigned; and (b) a condition requiring the prisoner to be of good behaviour during the period of home detention; and (c) a condition requiring the prisoner to obey the lawful directions of the authorised officer during the period of home detention; and (ca) a condition prohibiting the prisoner from possessing a firearm or ammunition (both within the meaning of the Firearms Act 2015) or any part of a firearm; and (cb) a condition requiring the prisoner to submit to such tests (including testing without notice) for gunshot residue as an authorised officer may reasonably require; and (d) such other conditions as the CE thinks appropriate (including a condition that the prisoner be monitored by use of an electronic device). (4) A prisoner released under this Division will, unless the release is earlier revoked, remain on home detention— (a) in the case of a prisoner subject to a non-parole period—until he or she is released on parole; (b) in the case of any other prisoner—until the time at which he or she would, but for this Division, have been released from prison pursuant to this Act. (5) The CE may, by notice in writing served personally on the prisoner, vary or revoke any of the conditions to which the prisoner's release is subject. (5a) The Chief Executive Officer may only vary or revoke the conditions imposed by subsection (3)(ca) and (cb) on the release of a person on home detention if he or she is satisfied that— (a) there are cogent reasons to do so; and (b) the possession of a firearm, ammunition or part of a firearm by the person does not represent an undue risk to the safety of the public. non-parole period, in relation to a prisoner serving a sentence imposed for an offence against a law of the Commonwealth, includes the minimum term to be served under a recognisance release order; residence includes, if the defendant is an Aboriginal or Torres Strait Islander person, any place specified in the instrument of release as the person's residence. 37C—Revocation of release (1) The CE— (a) must revoke the release of a prisoner under this Division if the prisoner breaches a condition to which the release is subject; and (b) may, in the absolute discretion of the CE, revoke the release of a prisoner under this Division for any other reason. (2) A prisoner is not in breach of the condition requiring the prisoner to remain at the prisoner's residence if the prisoner leaves the residence for the purpose of averting or minimising a serious risk of death or injury (either to the prisoner or some other person). (3) On the revocation of the release of a prisoner under this Division, the prisoner may be apprehended, without warrant, by a police officer or any authorised officer and returned to prison. (4) Where a prisoner breaches a condition to which the release of the prisoner is subject or is, during the period of home detention, sentenced to imprisonment for an offence (whenever committed), the prisoner is liable to serve in prison the balance of the non-parole period or the term of imprisonment (as the case may require), being— (a) in the case of a breach of condition or an offence committed during the period of home detention—the unexpired balance as at the date of the breach or offence; and (b) in the case of an offence committed at any other time—the unexpired balance as at the date on which the further sentence of imprisonment is imposed. (5) Subsection (4) applies notwithstanding that the period of home detention may have expired before the prisoner can be apprehended. (6) A prisoner is, on breaching the condition referred to in section 37A(3)(a), unlawfully at large.

Subdivision 2—General 37CA—Home detention officers (1) The Minister may appoint such home detention officers for the purposes of this Division and the Sentencing Act 2017 as the Minister thinks fit. (2) The CE must— (a) on the receipt of a copy of a home detention order in respect of a prisoner; or (b) on the release of a prisoner under this Division, assign the prisoner to a home detention officer, and the CE may from time to time re‑assign the prisoner to another home detention officer. (3) A home detention officer to whom a prisoner is assigned— (a) may give reasonable directions to the prisoner— (i) requiring the prisoner to take up, not to take up or not to give up some particular employment; or (ii) requiring the prisoner to attend a particular course of counselling or instruction; and (b) may give the prisoner other directions of a kind authorised by the Minister either generally or in relation to the particular prisoner. (4) Any home detention officer may, at any time— (a) enter or telephone the residence of a prisoner serving a period of home detention; or (b) telephone the prisoner's place of employment or any other place at which the prisoner is permitted or required to attend; or (c) question any person at that residence or place as to the whereabouts of the prisoner, for the purposes of ascertaining whether or not the prisoner is complying with the conditions to which the prisoner's release is subject. (5) A person must not— (a) hinder a home detention officer in the exercise of powers under this section; or (b) fail to answer truthfully any question put to the person by a home detention officer pursuant to those powers. Maximum penalty: $5 000. 37D—Crown not liable to maintain prisoners on home detention The Crown is not liable to maintain a prisoner who is serving a period of home detention (whether the home detention is home detention under this Division or home detention served under a home detention order).

Division 7—Release of prisoners from prison or home detention 38—Release of prisoner from prison or home detention (1) Subject to this Act, a prisoner (other than a remand prisoner) will be released from the correctional institution in which the prisoner is being detained on the day on which the prisoner's sentence of imprisonment expires, unless released earlier under any other provision of this Act, or under any other Act or law. (2) Subject to subsection (3), the CE may, by instrument in writing, authorise the release of a prisoner from prison or from home detention on any day during the period of 30 days preceding the day on which the prisoner is due, or would have been due, to be released from prison pursuant to any other provision of this Act. (3) Subsection (2) does not apply in relation to a prisoner who is serving a term of imprisonment for default in payment of a pecuniary sum. (3a) If— (a) the Board orders the release of a prisoner from prison or home detention on parole on a specified date; and (b) pursuant to subsection (2), the CE authorises the release of the prisoner before that specified date, the release of the prisoner on the authority of the CE will be on parole subject to the conditions imposed under this Act. pecuniary sum has the same meaning as in the Sentencing Act 2017. 39—Time of release from prison (1) A prisoner must be released from the correctional institution in which the prisoner is being detained as near as practicable to 10 a.m. on the day of the prisoner's release. (3) Where a contempt prisoner purges his or her contempt or complies with the court order for payment of a pecuniary sum, and does so between 5 p.m. on one day and 9 a.m. on the next day, the manager of the correctional institution is not, notwithstanding any other provision of this Act or any other Act or law, required to release the prisoner from the institution until that next day, at some time after 10 a.m. 39A—Delivery of property and money to prisoner on release Where a prisoner is released from prison on home detention or parole, or on the expiration or extinguishment of his or her sentence of imprisonment, the CE must, as soon as reasonably practicable, hand over to the prisoner any personal property held on the prisoner's behalf, and must pay to the prisoner any money held to the prisoner's credit pursuant to this Act— (a) in a lump sum; or (b) in the case of a prisoner released on parole subject to the supervision of a community corrections officer, in a lump sum, or in such instalments payable during the period of supervision as the community corrections officer may determine. 39B—Manner in which former prisoner's personal property is to be dealt with (1) Where a former prisoner has left any personal property in a correctional institution in which he or she was at some time detained, the CE must give a written notice to the former prisoner, sent by post to his or her last known address, setting out particulars of the personal property and of the place at which it may be collected. (2) If the former prisoner fails to collect the personal property within three months of being given a notice under subsection (1), the CE must deal with the property in the following manner: (a) where the property consists solely of items that would, in the opinion of the CE, be of negligible monetary value and of no sentimental value to the former prisoner, the CE may dispose of the property in such manner as the CE thinks fit; and (b) in any other case— (i) if the whereabouts of the former prisoner is known to the CE, the CE must cause the property to be delivered to the former prisoner except where it is not practicable to do so, in which case the CE may dispose of the property in such manner as the CE thinks fit; or (ii) if the whereabouts of the former prisoner is, after reasonable inquiries, unknown to the CE, the CE may dispose of the property in such manner as the CE thinks fit. (3) Money received from the sale of any personal property pursuant to this section will be paid into the General Revenue of the State. 39C—Certain prohibited items not to be returned to prisoners Nothing in this Division requires the delivery or return to a person of any item of personal property the possession of which by that person is prohibited by law.

Part 5—Offences Division 1—Powers of Visiting Tribunals 41—Powers of Visiting Tribunals (1) For the purposes of a hearing under this Division a Visiting Tribunal may— (a) by summons signed by the Visiting Tribunal, require the attendance before the Visiting Tribunal of any person whom the Visiting Tribunal thinks fit to call before it; or (b) by summons signed by the Visiting Tribunal, require the production of any books, papers or documents; or (c) inspect any books, papers or documents produced before it, retain them for such reasonable period as it thinks fit, and make copies of any of them, or of any of their contents; or (d) require any person to make an oath or affirmation that the person will answer truthfully all questions put by the Visiting Tribunal, or by any person appearing before the Visiting Tribunal, relevant to any matter being inquired into by the Visiting Tribunal (which oath or affirmation may be administered by the Visiting Tribunal); or (e) require any person appearing before the Visiting Tribunal (whether summoned to appear or not) to answer any relevant question put by the Visiting Tribunal or by any other person appearing before the Visiting Tribunal. (2) Subject to subsection (3), a person who— (a) having been duly served with a summons, fails, without reasonable excuse, to attend before the Visiting Tribunal, or to produce any books, papers or documents, as required by the summons; or (b) misbehaves before a Visiting Tribunal, wilfully insults a Visiting Tribunal or interrupts the proceedings of a Visiting Tribunal; or (c) refuses to be sworn, to affirm or to answer a relevant question when required to do so by a Visiting Tribunal, Maximum penalty: $7 500 or imprisonment for 3 months. (3) A person is not required to answer a question put pursuant to this section if the answer would tend to incriminate the person. 42—Immunity from liability of persons who constitute Visiting Tribunals No liability attaches to a person who constitutes a Visiting Tribunal for any act or omission by the Visiting Tribunal in good faith and in the exercise or purported exercise of powers, or the discharge or purported discharge of duties, under this Act. Division 2—Breaches of regulations 42A—Minor breach of prison regulations (1) Where the CE is satisfied that a prisoner has committed a breach of a regulation that is specified to be a regulation to which this section applies, the CE may give the prisoner notice in writing that— (a) sets out the date of the alleged offence and briefly states the facts on which the allegation is founded; and (b) identifies the particular regulation that is alleged to have been breached; and (c) specifies that the prisoner may elect to be charged with, and receive a formal hearing in relation to, the offence; and (d) specifies the punishment that the CE proposes to impose if the prisoner does not elect to be charged with the offence. (2) If the prisoner does not within 24 hours give notice in writing to the CE, or an officer or employee of the Department specified in the CE's notice, that the prisoner elects to be charged with the offence, the CE may, without affording further opportunity for persons— (a) to hear or view evidence; or (b) to call, examine or cross-examine witnesses; or (c) to make submissions on the alleged breach or penalty, impose on the prisoner one or both of the following penalties: (d) forfeiture of any specified amenities or privileges for a specified period not exceeding 10 days; or (e) exclusion from any work that is performed in association with other prisoners for a specified period not exceeding 10 days. 43—CE may deal with breach of prison regulations (1) Where it is alleged that a prisoner has committed a breach of the regulations, the CE may, within the prescribed time, charge the prisoner with the offence, and conduct an inquiry into the allegation, in the prescribed manner. (2) If, after conducting an inquiry under subsection (1), the CE is satisfied beyond reasonable doubt that the allegation has been proved, the CE may impose on the prisoner any one or more of the following penalties: (a) forfeiture to the Crown of a sum, not exceeding the amount prescribed for the purposes of this paragraph, payable out of any money held by the CE on behalf of the prisoner, or any allowance to be paid to the prisoner under this Act; or (b) forfeiture of any specified amenities or privileges for a specified period not exceeding 35 days; or (c) exclusion from any work that is performed in association with other prisoners for a specified period not exceeding 21 days, or may reprimand and caution the prisoner. (3) If, after conducting an inquiry under subsection (1), the CE is not satisfied beyond reasonable doubt that the allegation has been proved, the CE must dismiss the charge. 44—CE may refer matter to Visiting Tribunal (1) The CE may, at any time before imposing a penalty on a prisoner in respect of an alleged breach of the regulations, refer the matter to a Visiting Tribunal for hearing and determination. (2) The Visiting Tribunal may, on hearing any matter referred to it under subsection (1) and on being satisfied beyond reasonable doubt that the allegation against the prisoner is proved, impose on the prisoner any one or more of the following penalties: (c) forfeiture to the Crown of a sum, not exceeding the amount prescribed for the purposes of this paragraph, payable out of any money held by the CE on behalf of the prisoner, or any allowance to be paid to the prisoner under this Act; or (d) forfeiture of any specified amenities or privileges for a specified period not exceeding 2 months; or (e) exclusion from any work that is performed in association with other prisoners for a specified period not exceeding 28 days, or it may reprimand and caution the prisoner. (4) Where a prisoner causes any loss of or damage to property as a result of a breach of the regulations, the Visiting Tribunal may, whether or not it imposes a penalty in respect of the breach, direct that the prisoner pay to the owner of the property as compensation for the loss or damage such sum, not exceeding an amount prescribed for the purposes of this subsection, as the Visiting Tribunal thinks fit, payable out of any money held by the CE on behalf of the prisoner, or any allowance to be paid to the prisoner under this Act. (5) If, after hearing a matter referred to it under subsection (1), the Visiting Tribunal is not satisfied beyond reasonable doubt that the allegation against the prisoner is proved, it must dismiss the charge. 45—Procedure at inquiry In any proceedings under this Division for an offence against the regulations, the following provisions apply: (a) the CE or Visiting Tribunal— (i) must afford the prisoner the opportunity of hearing or viewing all the evidence in support of the charge; and (ii) must afford the prisoner and the CE, or any officer or employee of the Department authorised by the CE for the purpose, reasonable opportunities to make submissions in relation to the charge and to call, examine or cross-examine witnesses; and (iii) must permit the CE or authorised officer or employee to make submissions as to the penalty to be imposed; and (iv) must permit the prisoner to hear any submissions made, and to make submissions, as to the penalty to be imposed; (b) if the prisoner refuses to attend at the hearing of the proceedings, the CE or Visiting Tribunal may hear and determine the proceedings in the prisoner's absence; (ba) the prisoner is not entitled to be represented in the proceedings by a legal practitioner; (c) the CE or Visiting Tribunal is not, subject to this Act, bound by legal forms or technicalities or the rules of evidence, but may inform himself, herself or itself, in such manner as he, she or it thinks fit; (d) where more than one penalty of forfeiture of amenities or privileges or exclusion from work is imposed for an offence, or for a number of offences arising out of the one incident, those penalties cannot be made consecutive one on the other; (e) no conviction may be recorded against a prisoner who is found guilty of a breach of the regulations. 46—Appeals against penalty imposed by CE (1) A prisoner may appeal to a Visiting Tribunal against any penalty imposed on the prisoner by the CE. (2) An appeal under this section must be instituted in the prescribed manner. (3) On the institution of an appeal under this section the penalty appealed against is suspended. (4) On determining an appeal under this section the Visiting Tribunal may— (a) affirm the penalty; or (b) increase, decrease or otherwise vary the penalty, or revoke it and substitute any other penalty that could have been imposed in the first instance by the CE. (5) No appeal lies against an order of a Visiting Tribunal made on an appeal under this section. 47—Appeals against orders of Visiting Tribunals (1) A prisoner may appeal against an order of a Visiting Tribunal made in any proceedings against the prisoner under this Division on the ground that the proceedings were not conducted in accordance with the provisions of this Act. (1a) An appeal under this section lies— (a) if the Visiting Tribunal is constituted of a magistrate—to the District Court; (b) in any other case—to the Magistrates Court. (2) An appeal under this section must be instituted in the prescribed manner. (2a) The notice of appeal must specify the grounds on which the appeal is made. (3) On the institution of an appeal under this section, the order appealed against is suspended. (4) On any appeal under this section the court may— (a) dismiss the appeal; or (b) quash the order of the Visiting Tribunal; or (c) quash the order of the Visiting Tribunal and make any order that the court thinks should have been made by the Visiting Tribunal in the first instance. (5) No appeal lies against a decision of a court on an appeal under this section. 48—Summary Procedure Act does not apply to proceedings under this Division The Summary Procedure Act 1921 does not apply to or in relation to any proceedings under this Division. Division 3—Criminal offences 49—Disrupting security or order (1) A prisoner must not take part in an unlawful assembly. Maximum penalty: Imprisonment for 3 years. (2) A prisoner must not take part in a riot or mutiny. (a) if, during the riot or mutiny, the prisoner wilfully and unlawfully damages or destroys, or attempts to damage or destroy, property that is part of a correctional institution and the security of the correctional institution is endangered by the act—imprisonment for 15 years; or (b) if, during the riot or mutiny, the prisoner— (i) demands something be done or not be done with threats of injury or detriment to any person or property; or (ii) escapes or attempts to escape from lawful custody, or helps another prisoner to escape or attempt to escape from lawful custody, imprisonment for 10 years; or (c) if, during the riot or mutiny, the prisoner wilfully and unlawfully damages or destroys, or attempts to damage or destroy, any property—imprisonment for 7 years; or (d) in any other case—imprisonment for 4 years. mutiny means 3 or more prisoners collectively challenging authority under this Act, with intent to subvert the authority, if the security of the correctional institution is endangered; riot means an unlawful assembly that has begun to act in so tumultuous a way as to disturb the peace; unlawful assembly means 3 or more prisoners— (a) assembled with intent to carry out a common purpose and there are reasonable grounds to believe the prisoners will— (i) tumultuously disturb the peace; or (ii) provoke other prisoners to tumultuously disturb the peace; or (b) who, having assembled with intent to carry out a common purpose, whether or not the assembly was lawful, conduct themselves in a way that there are reasonable grounds to believe the prisoners will— (i) tumultuously disturb the peace; or (ii) provoke other prisoners to tumultuously disturb the peace. 49A—Possession of certain items by prisoners A prisoner who has possession of— (a) a controlled drug (within the meaning of the Controlled Substances Act 1984); or (b) an item prescribed by the regulations for the purposes of this paragraph, in a correctional institution without the permission of the CE is guilty of an offence. Maximum penalty: Imprisonment for 5 years. Division 4—Prisoners at large 50—Effect of prisoner being at large (3) A prisoner is not, while unlawfully at large, serving his or her sentence of imprisonment. 50A—Prisoner must comply with conditions to which temporary leave of absence is subject (1) A prisoner who has been granted leave of absence from a correctional institution by the CE pursuant to this Act and who contravenes or fails to comply with a condition to which the leave is subject is guilty of an offence. Maximum penalty: Imprisonment for 1 year. (2) A term of imprisonment to which a prisoner is sentenced for an offence against this section is cumulative on any other imprisonment that the prisoner is liable to serve. 51—Offences by persons other than prisoners (1) A person who— (a) communicates with a prisoner in a manner prohibited by the regulations; or (b) delivers to a prisoner, or introduces into, or has possession of in, a correctional institution without the permission of the CE, any item prohibited by the regulations; or (c) loiters outside a correctional institution for any unlawful purpose, (a) in the case of an offence against paragraph (b) of this subsection where the prohibited item is a controlled drug (within the meaning of the Controlled Substances Act 1984)—imprisonment for 10 years; (ab) in the case of an offence against paragraph (b) of this subsection where the prohibited item is an item of a kind prescribed by the regulations for the purposes of this paragraph—imprisonment for 5 years; (b) in any other case—imprisonment for 6 months. (2) A person who, without the permission of the CE or without lawful excuse, has possession of a controlled drug (within the meaning of the Controlled Substances Act 1984) in a correctional institution buffer zone is guilty of an offence. Maximum penalty: Imprisonment for 10 years. (3) A person who, without the permission of the CE or without lawful excuse, has possession of a prohibited item of a kind prescribed by the regulations for the purposes of this subsection in a correctional institution buffer zone is guilty of an offence. Maximum penalty: Imprisonment for 5 years. correctional institution buffer zone—see subsection (5). (5) The Minister may, by notice in the Gazette, declare an area surrounding the boundary of a correctional institution to be the correctional institution buffer zone for the correctional institution. (6) The Minister may, by notice in the Gazette, revoke or vary a declaration under subsection (5). 52—Power of arrest (1) An officer or employee of the Department may, without warrant, apprehend— (a) any person who the officer or employee suspects on reasonable grounds of being an escaped prisoner or a prisoner otherwise unlawfully at large; or (b) any person who the officer or employee suspects on reasonable grounds of having assisted or being about to assist a prisoner in an escape or attempted escape or of having removed or attempted to remove, or being about to remove, a prisoner from custody. (1a) An officer or employee of the Department or a police officer may, without warrant, apprehend a person— (a) who is subject to an order of a court or a warrant of commitment authorising their detention in custody; and (b) who the officer or employee of the Department or police officer (as the case requires) suspects on reasonable grounds has been released from custody in error. (2) An officer or employee of the Department or a police officer (as the case requires) who has apprehended a person pursuant to subsection (1) or (1a) must— (a) in relation to a prisoner unlawfully at large or a person apprehended in the circumstances referred to in subsection (1a), return the prisoner forthwith to a correctional institution; and (b) in relation to any other person, take the person forthwith to the nearest police station.