Part 1Preliminary

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.