CORRECTIONAL SERVICES REGULATIONS 2014 (Northern Territory)

These Regulations operationalise and specify procedures, definitions and administrative detail under the Correctional Services Act 2014 (NT) for the Territory's custodial and non-custodial correctional regime. They do so by prescribing: what counts as prisoner misconduct and the catalogue of acts that may trigger disciplinary measures (reg 3; Schedule 1); the set of privileges that may be withdrawn under discipline (reg 4; Schedule 2); the quantum for reduction of prisoner pay (75 per cent) when that sanction is imposed (reg 5); and a monetary fine option up to $200, payable to the Territory and capable of recovery from a prisoner trust account (reg 6).

The Regulations set out detailed alcohol and drug testing powers and the authorised methods, samplers and certifiers for evidentiary use (Part 3). They prescribe breath, saliva and urine testing as preliminary tests and breath analysis and blood analysis as higher‑order tests, define who may take and who may analyse samples (regs 9-11, 16-18, 10(a)-(e)), and provide for evidentiary certificates that may be issued by named officials and practitioners for use under section 201 of the Act (reg 19).

Part 3A creates a statutory framework for non‑custodial orders, inserted by the 2016 amendment regulations and subsequently amended (regs 19A-19Y). It prescribes attendance, participation and conduct obligations for non‑custodial offenders engaged in approved projects, (regs 19C-19G, 19P-19S), sets rules for home detainees (regs 19V-19Y), and makes failure to comply with Part 3A a breach of the non‑custodial order (reg 19B). It also provides mechanics for supervisors, probation and parole officers, suspension of participation obligations pending court processes, and travel, rest and meal time accounting (regs 19H, 19J, 19K-19M).

Other practical provisions concern leave permits and an alcohol/drug condition on leave (reg 20), the purpose of monitoring devices where used for leave compliance (reg 21), notification requirements when mail is seized (reg 22), baseline prisoner welfare minimums (reg 23), an oath of office for specified correctional officers (reg 24, sch 4), and an internal awards scheme including criteria, wearing and revocation rules (regs 25-29, sch 3). Transitional and amendment notes preserve prior approvals and record the legislative instruments that have altered the Regulations (regs 30-32; Endnotes).

NORTHERN TERRITORY OF AUSTRALIA CORRECTIONAL SERVICES REGULATIONS 2014 As in force at 19 February 2025 Table of provisions Part 1 Preliminary matters 1 Citation ............................................................................................ 1 2 Definitions ........................................................................................ 1 Part 2 Misconduct 3 Misconduct ...................................................................................... 2 4 Privileges that may be withdrawn .................................................... 2 5 Reduction of rate of pay .................................................................. 3 6 Other penalties for misconduct ........................................................ 3 7 Misconduct charge and procedure to be explained ......................... 3 8 Interpreter ........................................................................................ 3 Part 3 Alcohol and drug testing Division 1 Preliminary matters 9 Definitions ........................................................................................ 4 10 Prescribed tests ............................................................................... 4 11 Prescribed samplers ........................................................................ 5 Division 2 When certain tests may be required 12 When breath, saliva or urine test may be required .......................... 5 13 When breath analysis may be required ........................................... 5 14 When blood analysis may be required............................................. 6 15 When non-custodial offenders may be tested.................................. 6 Division 3 Carrying out of tests 16 Carrying out of breath test, saliva test or urine test ......................... 6 17 Carrying out of breath analysis ........................................................ 7 18 Carrying out of blood analysis ......................................................... 7 Division 4 Evidentiary matters 19 Evidentiary certificates ..................................................................... 7

Correctional Services Regulations 2014 ii Part 3A Non-custodial orders Division 1 Preliminary matters 19A Definitions ........................................................................................ 9 19B Effect of breach of this Part ........................................................... 10 Division 2 Non-custodial work orders Subdivision 1 Conduct of non-custodial offender 19C Attendance to participate in approved project................................ 10 19D Satisfactory participation................................................................ 11 19E Alcohol and restricted drugs .......................................................... 11 19F Protective clothing ......................................................................... 12 19G Conduct while participating in approved project ............................ 12 19H Direction to leave if in breach of order ........................................... 13 19J Suspension of obligation to participate in approved project ........... 13 Subdivision 2 Participation time 19K Failure of supervisor or probation and parole officer to attend....... 14 19L Travelling time ............................................................................... 14 19M Rest and meal breaks .................................................................... 15 Division 3 Non-custodial offenders other than home detainees 19N Division does not apply to home detainees ................................... 15 19P Requirement to attend for training, treatment etc. ......................... 15 19Q Alcohol and restricted drugs .......................................................... 16 19R Participation in satisfactory manner ............................................... 16 19S Requirement to remain at approved residence .............................. 16 19T Firearms ........................................................................................ 17 19U Conduct generally.......................................................................... 18 Division 4 Home detainees 19V Requirement to reside in and remain at approved residence ........ 18 19W Alcohol and restricted drugs .......................................................... 19 19X Firearms ........................................................................................ 19 19Y Conduct generally.......................................................................... 19 Part 4 Miscellaneous matters 20 Leave permit condition .................................................................. 20 21 Monitoring devices ......................................................................... 20 22 Notification of seizure of mail ......................................................... 20 23 Prisoner welfare............................................................................. 20

Correctional Services Regulations 2014 iii 24 Oath of office ................................................................................. 21 Part 5 Awards 25 Commissioner may confer awards ................................................ 21 26 Form of decorations....................................................................... 21 27 Wearing of decorations .................................................................. 21 28 Revocation of conferral of award ................................................... 22 29 Awards register.............................................................................. 22 Part 6 Transitional provisions for Correctional Services Regulations 2014 30 Awards........................................................................................... 22 31 Oath of office ................................................................................. 22 Part 7 Transitional matters for Correctional Services Amendment Regulations 2016 32 Continuation of directions, approvals etc. ...................................... 23 Schedule 1 Misconduct Schedule 2 Privileges that may be withdrawn Schedule 3 Awards Schedule 4 Oath of office ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 19 February 2025

CORRECTIONAL SERVICES REGULATIONS 2014 Regulations under the Correctional Services Act 2014 Part 1 Preliminary matters 1 Citation These Regulations may be cited as the Correctional Services Regulations 2014. 2 Definitions In these Regulations: approved project, for Part 3A, see regulation 19A. blood analysis, for Part 3, see regulation 10(e). breath analysis, for Part 3, see regulation 10(d). breath test, for Part 3, see regulation 10(a). firearm, for Part 3A, see regulation 19A. home detainee, for Part 3A, see regulation 19A. pathologist, for Part 3, see regulation 9. phlebotomist, for Part 3, see regulation 9. prescribed breath analysis instrument, for Part 3, see regulation 9. required treatment, for Part 3A, see regulation 19A. restricted drug means any of the following: (a) a dangerous drug as defined in section 3(1) of the Misuse of Drugs Act 1990;

Part 2 Misconduct Correctional Services Regulations 2014 2 (b) a Schedule 4, 8 or 9 substance as defined in section 7 of the Medicines, Poisons and Therapeutic Goods Act 2012; (c) any other drug specified in the offender's non-custodial order as one that the offender is not permitted to use. saliva test, for Part 3, see regulation 10(b). sexual harassment of a person includes the following: (a) an unwelcome act of physical intimacy with the person; (b) an unwelcome demand or request (whether explicit or implicit) for sexual favours from the person; (c) an unwelcome remark with sexual connotations made toward the person; (d) any other unwelcome conduct of a sexual nature toward, or in the presence of, the person. supervisor, for Part 3A, see regulation 19A. training program, for Part 3A, see regulation 19A. urine test, for Part 3, see regulation 10(c). Part 2 Misconduct 3 Misconduct (1) For section 69(2)(b) of the Act, the following constitutes misconduct: (a) engaging in conduct mentioned in Schedule 1; (b) attempting to engage in conduct mentioned in Schedule 1; (c) doing, or not doing, something for the purpose of encouraging or facilitating another person to engage in conduct mentioned in Schedule 1. (2) However, engaging in conduct mentioned in subregulation (1) does not constitute misconduct if the prisoner was authorised by a correctional services officer to engage in the conduct. 4 Privileges that may be withdrawn For section 78(2)(c) of the Act, the privileges listed in Schedule 2 are prescribed.

Part 2 Misconduct Correctional Services Regulations 2014 3 5 Reduction of rate of pay For section 78(2)(d) of the Act, the prescribed percentage is 75% of the rate otherwise payable for carrying out the work. 6 Other penalties for misconduct (1) For section 78(2)(g) of the Act, ordering the prisoner to pay a fine of not more than $200 is prescribed. (2) If a prisoner is ordered to pay a fine, it is payable to the Territory. (3) If a prisoner is ordered to pay a fine and has not done so within the time required by the order, the Commissioner may deduct the amount of the fine from the prisoner's trust account. 7 Misconduct charge and procedure to be explained At the start of misconduct proceedings, the decision maker must explain the following to the prisoner, in language likely to be understood by the prisoner: (a) the basis on which the prisoner has been charged with engaging in misconduct; (b) the penalty that may be imposed if the prisoner is found to have engaged in misconduct; (c) the procedure to be followed in the proceedings; (d) the prisoner's rights under sections 71(6) and 72 of the Act; (e) that if the prisoner gives evidence, he or she may be cross-examined. 8 Interpreter (1) This regulation applies in relation to misconduct proceedings if: (a) the prisoner requests the assistance of an interpreter; and (b) the decision maker considers that the assistance is reasonably necessary for the prisoner to properly understand the proceedings. (2) The General Manager must ensure that an interpreter is made available to the prisoner during the proceedings.

Part 3 Alcohol and drug testing Division 1 Preliminary matters Correctional Services Regulations 2014 4 Part 3 Alcohol and drug testing Division 1 Preliminary matters 9 Definitions In this Part: blood analysis, see regulation 10(e). breath analysis, see regulation 10(d). breath test, see regulation 10(a). pathologist means a medical practitioner who holds a specialist registration under the Health Practitioner Regulation National Law in the recognised speciality of pathology. phlebotomist means person who has been trained to take samples of blood from persons by a registered training organisation (as defined in section 3 of the National Vocational Education and Training Regulator Act 2011 (Cth)). prescribed breath analysis instrument, see section 3(1) of the Traffic Act 1987. saliva test, see regulation 10(b). urine test, see regulation 10(c). 10 Prescribed tests For section 195(1)(a) of the Act, the following tests are prescribed: (a) a test of a sample of a person's breath to detect whether alcohol may be present in the person's breath carried out using a device designed for that purpose (a breath test); (b) a test of a sample of a person's saliva to detect whether a drug may be present in the person's body carried out using a device designed for that purpose (a saliva test); (c) a test of a sample of a person's urine to detect whether a drug may be present in the person's body carried out using a device designed for that purpose (a urine test); (d) an analysis of a sample of a person's breath to ascertain the concentration of alcohol in the person's breath carried out using a prescribed breath analysis instrument (a breath analysis);

Part 3 Alcohol and drug testing Division 2 When certain tests may be required Correctional Services Regulations 2014 5 (e) an analysis of a sample of a person's blood to do either or both of the following: (i) detect whether alcohol or a drug may be present in the person's body; (ii) ascertain the concentration of alcohol or a drug in the person's body (a blood analysis). 11 Prescribed samplers For section 195(1)(b) of the Act, a person is a prescribed sampler for a prescribed test if the person is authorised under regulation 16, 17 or 18 to take a sample for the test. Division 2 When certain tests may be required 12 When breath, saliva or urine test may be required (1) A correctional services officer who has authority to give a direction under section 37, 51, 145 or 172 of the Act must not direct a person to submit to a breath test, saliva test or urine test unless the officer considers it reasonable to do so. (2) For the direction to be reasonable, it is not necessary that the correctional services officer suspects that the person has alcohol or a drug in his or her body. 13 When breath analysis may be required A correctional services officer who has authority to give a direction under section 37, 51, 145 or 172 of the Act must not direct a person to submit to a breath analysis unless: (a) the person: (i) has been directed under that section to submit to a breath test; and (ii) does not provide a sample as required under section 195(2)(a) of the Act; or (b) the officer reasonably believes that the person may have alcohol in his or her body.

Part 3 Alcohol and drug testing Division 3 Carrying out of tests Correctional Services Regulations 2014 6 14 When blood analysis may be required A correctional services officer who has authority to give a direction under section 37, 51, 145 or 172 of the Act must not direct a person to submit to a blood analysis unless one of the following applies: (a) the person: (i) has been directed under that section to submit to a breath test, breath analysis, saliva test or urine test; and (ii) does not provide a sample as required under section 195(2)(a) of the Act; (b) as a result of a breath test the officer suspects that the person may have alcohol in his or her body and it is not practicable to conduct a breath analysis; (c) as a result of a breath test, breath analysis, saliva test or urine test the officer suspects that the person may have a drug in his or her body; (d) the person has a medical condition that hinders the person's ability to give a sample for a breath test, breath analysis, saliva test or urine test. 15 When non-custodial offenders may be tested A probation and parole officer who has authority to give a direction under section 172 of the Act must not direct a non-custodial offender to submit to a prescribed alcohol/drug test unless one of the following applies: (a) if the test is to detect the presence, or ascertain the concentration of, alcohol in the offender's body – the offender is prohibited under his or her non-custodial order or the Act from consuming alcohol; (b) the test is to detect the presence, or ascertain the concentration of, a restricted drug in the offender's body. Division 3 Carrying out of tests 16 Carrying out of breath test, saliva test or urine test A breath test, saliva test or urine test (including the taking of the sample) must be carried out by one of the following: (a) a correctional officer;

Part 3 Alcohol and drug testing Division 4 Evidentiary matters Correctional Services Regulations 2014 7 (b) a probation and parole officer; (c) a police officer; (d) a person approved, or in a class of persons approved, in writing by the Commissioner. 17 Carrying out of breath analysis A breath analysis (including the taking of the sample) must be carried out by: (a) a person authorised under the Traffic Act 1987 to use a prescribed breath analysis instrument; or (b) a person approved, or in a class of persons approved, in writing by the Commissioner. 18 Carrying out of blood analysis (1) The taking of a sample for a blood analysis must be carried out by: (a) a health practitioner; or (b) a phlebotomist. (2) The analysis of the sample must be carried out by a pathologist. Division 4 Evidentiary matters 19 Evidentiary certificates (1) This regulation prescribes the prescribed certifiers and certifiable matters for section 201 of the Act. (2) The Commissioner may issue an evidentiary certificate in relation to the fact that on a specified date: (a) a specified person was any of the following: (i) the Commissioner; (ii) the General Manager of a custodial correctional facility; (iii) a correctional officer; (iv) a probation and parole officer; (iva) a special correctional officer; (ivb) a special probation and parole officer;

Part 3 Alcohol and drug testing Division 4 Evidentiary matters Correctional Services Regulations 2014 8 (v) a person approved by the Commissioner under regulation 16(d) or 17(b); or (b) a specified class of persons was approved by the Commissioner under regulation 16(d) or 17(b). (3) The Commissioner of Police may issue an evidentiary certificate in relation to the fact that on a specified date a specified person was any of the following: (a) a police officer; (b) a person authorised as mentioned in regulation 17(a). (4) A person mentioned in regulation 16 may issue an evidentiary certificate in relation to the following: (a) that he or she carried out a breath test, saliva test or urine test on a sample given by, or taken from, a specified person; (b) when and how the sample was given or taken and the test was carried out; (c) the results of the test. (5) A person mentioned in regulation 17 may issue an evidentiary certificate in relation to the following: (a) that he or she carried out a breath analysis on a sample of breath given by a specified person; (b) when and how the sample was taken and the analysis was carried out; (c) the results of the analysis. (6) A health practitioner or phlebotomist may issue an evidentiary certificate in relation to the following: (a) that he or she took a sample of blood from a specified person; (b) when and how the sample was taken; (c) what he or she did with the sample. (7) A pathologist may issue an evidentiary certificate in relation to the following: (a) that he or she carried out an analysis of a sample of blood identified as having been taken from a specified person at a specified date and time;

Part 3A Non-custodial orders Division 1 Preliminary matters Correctional Services Regulations 2014 9 (b) when and how the analysis was carried out; (c) the results of the analysis. Part 3A Non-custodial orders Division 1 Preliminary matters 19A Definitions In this Part: approved project means a rehabilitation program or work, or both, approved under section 167 of the Act. firearm, see section 3(1) of the Firearms Act 1997. home detainee means: (a) a non-custodial offender: (i) whose non-custodial order is subject to a home detention condition; or (ii) who is subject to a home detention order; or (b) a prisoner for whom an administrative home detention permit is in force. home detention condition, see section 3(1) of the Sentencing Act 1995. required treatment means: (a) assessment and treatment (including counselling): (i) for misuse of alcohol or a drug; or (ii) addressing other personal factors that contribute to the offender's criminal behaviour; or (b) medical, psychological or psychiatric assessment and treatment; or (c) counselling. supervisor, in relation to a non-custodial offender who is required under a non-custodial work order to be at a place to participate in an approved project, means the person designated by the Commissioner as the supervisor of the place.

Part 3A Non-custodial orders Division 2 Non-custodial work orders Subdivision 1 Conduct of non-custodial offender Correctional Services Regulations 2014 10 training program means: (a) a prescribed program (as defined in section 3 of the Sentencing Act 1995); or (b) any other course, training, education or similar activity. Examples for definition training program, paragraph (b) A rehabilitative activity or a reintegration activity. 19B Effect of breach of this Part A failure by a non-custodial offender to comply with this Part constitutes a breach of the offender's non-custodial order. Notes for regulation 19B 1 For community correction orders and intensive community correction orders – see sections 35(3) and 47(1)(c)(iii) of the Sentencing Act 1995. 2 For community work orders, community based orders, home detention orders and community custody orders – see sections 39(1)(g), 39E(1)(f)(i), 48(1)(g) and 48E(1)(h)(i) of the Sentencing Act 1995, and regulation 4A of the Sentencing Regulations 1996, as in force before the commencement of Part 2 of the Sentencing and Other Legislation Amendment Act 2022. Division 2 Non-custodial work orders Subdivision 1 Conduct of non-custodial offender 19C Attendance to participate in approved project (1) This regulation applies if a non-custodial offender subject to a non-custodial work order is required to be at a place during a period to participate in an approved project. (2) The offender must: (a) be at the required place at the start of the required period; and (b) remain at the required place for the required period. (3) However, if an offender is not at the place as required, the offender does not breach subregulation (2) if: (a) the offender's absence is approved by a probation and parole officer; or (b) the offender's absence is due to illness and the offender complies with subregulations (5) and (6); or

Part 3A Non-custodial orders Division 2 Non-custodial work orders Subdivision 1 Conduct of non-custodial offender Correctional Services Regulations 2014 11 (c) the offender is directed to leave the place under regulation 19H(2). (4) A probation and parole officer may grant approval under subregulation (3)(a) if satisfied that reasonable grounds exist for the offender's absence. (5) If the offender is absent due to illness, the offender must give the probation and parole officer a certificate, signed and dated by a health practitioner, stating: (a) the period for which the offender was, or is, in the practitioner's opinion, unfit to attend as required; and (b) the grounds for that opinion. (6) The certificate must be given to the probation and parole officer not more than 72 hours (or any longer period allowed by the officer) after the offender was required to attend at the place. 19D Satisfactory participation (1) This regulation applies if a non-custodial offender subject to a non-custodial work order (other than a community work order) is required to participate in an approved project. (2) The offender must participate in the project in a manner satisfactory to the supervisor or a probation and parole officer. Note for regulation 19D An offender subject to a community work order is subject to an equivalent obligation under section 37(1)(b) of the Sentencing Act 1995 as in force before the commencement of Part 2 of the Sentencing and Other Legislation Amendment Act 2022. 19E Alcohol and restricted drugs (1) This regulation applies if a non-custodial offender subject to a non-custodial work order is at a place to participate in an approved project. (2) The offender must not: (a) be under the influence of alcohol or a restricted drug; or (b) be in possession of alcohol or a restricted drug; or (c) consume alcohol or use a restricted drug. (3) Subregulation (2) does not apply in relation to a drug taken, or to be taken, as prescribed by a health practitioner.

Part 3A Non-custodial orders Division 2 Non-custodial work orders Subdivision 1 Conduct of non-custodial offender Correctional Services Regulations 2014 12 19F Protective clothing (1) This regulation applies if a non-custodial offender subject to a non-custodial work order is required to participate in an approved project that involves the offender performing work. (2) While performing the work the offender must, when directed by the supervisor or a probation and parole officer to do so: (a) wear supplied protective clothing; and (b) use supplied protective equipment. (3) If the supervisor or a probation and parole officer directs the offender to wear protective footwear while performing the work, the offender must: (a) provide the protective footwear for himself or herself; and (b) wear it while performing the work. (4) If the offender is given a direction mentioned in subregulation (2) or (3), the offender must, when wearing the supplied protective clothing, using the supplied protective equipment or wearing the protective footwear, comply with any directions of the supervisor or probation and parole officer in relation to that clothing, equipment or footwear. (5) In this regulation: supplied means supplied to the offender for the purpose of the offender's participation in the approved project. 19G Conduct while participating in approved project (1) This regulation applies if a non-custodial offender subject to a non-custodial work order is at a place to participate in an approved project. (2) The offender must not damage, deface or misuse: (a) anything at the place; or (b) any equipment, materials or other thing provided to the offender for the purpose of the offender's participation in the approved project. (3) Subregulation (2) does not apply in relation to normal wear and tear arising from the use of equipment, materials or a thing.

Part 3A Non-custodial orders Division 2 Non-custodial work orders Subdivision 1 Conduct of non-custodial offender Correctional Services Regulations 2014 13 19H Direction to leave if in breach of order (1) This regulation applies if: (a) a non-custodial offender subject to a non-custodial work order is at a place to participate in an approved project; and (b) the supervisor or a probation and parole officer believes on reasonable grounds that the offender is in breach of the non-custodial work order. (2) The supervisor or probation and parole officer may direct the offender to leave the place and not return for the remainder of that day. (3) The offender must comply with the direction. (4) The supervisor or probation and parole officer is not required to arrange for the transport of the offender away from the place. 19J Suspension of obligation to participate in approved project (1) This regulation applies if a probation and parole officer is satisfied that: (a) a non-custodial offender who is subject to a non-custodial work order is in breach of the order; and (b) it is inappropriate for the offender to continue participating in the approved project that the offender is required under the order to participate in. (2) The probation and parole officer may, by notice given to the offender, suspend the offender's obligation under the order to participate in the project. (3) The notice may be given verbally or in writing. (4) The suspension remains in force until a court deals with the offender under the Sentencing Act 1995 for the breach of the offender's non-custodial work order. (5) However, a suspension does not affect the offender's obligation to complete the required number of hours of participation in the approved project under the offender's non-custodial work order.

Part 3A Non-custodial orders Division 2 Non-custodial work orders Subdivision 2 Participation time Correctional Services Regulations 2014 14 Subdivision 2 Participation time 19K Failure of supervisor or probation and parole officer to attend (1) This regulation applies if: (a) a non-custodial offender subject to a non-custodial work order is required to be at a place at a particular time to participate in an approved project; and (b) the offender is at that place at that time; and (c) neither the supervisor nor a probation and parole officer is present at the place within 1 hour after that time; and (d) the offender satisfies a probation and parole officer that the offender remained at the place for that hour. (2) The offender is taken to have: (a) been at the place at the required time; and (b) remained at the place, participating in the approved project, for the number of hours for which the offender was required to participate on that day. (3) This regulation does not apply if the supervisor or probation and parole officer had made an arrangement with the offender as to what the offender was to do during the supervisor or officer's absence. 19L Travelling time (1) This regulation applies if: (a) a non-custodial offender subject to a non-custodial work order is required to be at a place at a particular time to participate in an approved project; and (b) the offender is at that place at that time; and (c) the offender is taken to, or directed by the supervisor or a probation and parole officer to go to, another place to participate in the approved project. (2) The reasonable time spent by the offender in travelling to the other place is taken to be time spent participating in the approved project.

Part 3A Non-custodial orders Division 3 Non-custodial offenders other than home detainees Correctional Services Regulations 2014 15 19M Rest and meal breaks (1) This regulation applies if a non-custodial offender subject to a non-custodial work order is required to remain at a place participating in an approved project for 8 hours or longer on a particular day. (2) The offender must be allowed: (a) a 10 minute rest break in the morning; and (b) a meal break of 1 hour; and (c) a 10 minute rest break in the afternoon. (3) The time allowed for breaks under subregulation (2) is taken to be time spent by the offender participating in the approved project. (4) If the offender leaves the place during a rest or meal break, regulation 19E continues to apply to the offender as if the offender were still at the place. Division 3 Non-custodial offenders other than home detainees 19N Division does not apply to home detainees This Division does not apply in relation to a home detainee. 19P Requirement to attend for training, treatment etc. (1) This regulation applies if a non-custodial offender is required to be at a place at a particular time to: (a) undertake a training program or undergo required treatment; or (b) comply with a reporting or supervision requirement under the order. (2) The offender must be at the required place at the required time. (3) However, if the offender is not at the place as required, the offender does not breach subregulation (2) if: (a) the offender's failure to attend is approved by a probation and parole officer; or (b) the offender's failure to attend is due to illness and the offender complies with subregulations (5) and (6).

Part 3A Non-custodial orders Division 3 Non-custodial offenders other than home detainees Correctional Services Regulations 2014 16 (4) A probation and parole officer may grant approval under subregulation (3)(a) if satisfied that reasonable grounds exist for the offender not attending. (5) If the offender is absent due to illness the offender must give a probation and parole officer a certificate, signed by a health practitioner, stating: (a) that at the time of the failure to attend the offender was, in the practitioner's opinion, unfit to attend as required; and (b) the grounds for that opinion. (6) The certificate must be given to the probation and parole officer not more than 72 hours (or any longer period allowed by the officer) after the offender's failure to attend at the place. 19Q Alcohol and restricted drugs (1) A non-custodial offender who is at a place for a purpose mentioned in regulation 19P(1) must not: (a) be under the influence of alcohol or a restricted drug; or (b) be in possession of alcohol or a restricted drug; or (c) consume alcohol or use a restricted drug. (2) Subregulation (1) does not apply in relation to a drug taken, or to be taken, as prescribed by a health practitioner. 19R Participation in satisfactory manner (1) A non-custodial offender who is required to undertake a training program or undergo required treatment must participate in the program or treatment in a manner satisfactory to the person conducting the program or treatment. (2) A non-custodial offender who is required to report or be supervised must do so in a manner satisfactory to a probation and parole officer. 19S Requirement to remain at approved residence (1) This regulation applies if a non-custodial offender who is subject to a monitoring order is required by the order, or by a direction given by a probation and parole officer, to remain at the offender's approved residence during a specified period.

Part 3A Non-custodial orders Division 3 Non-custodial offenders other than home detainees Correctional Services Regulations 2014 17 (2) During the specified period the offender must remain at the offender's approved residence unless: (a) the offender's absence is for the purpose of seeking urgent treatment from a health practitioner; and (b) the offender gives a probation and parole officer a certificate, signed by a health practitioner, stating the grounds on which the treatment was sought; and (c) the certificate is given to the probation and parole officer not more than 72 hours (or any longer period allowed by the officer) after the offender left the offender's approved residence. (3) If the offender is absent from the offender's approved residence for the purpose mentioned in subregulation (2)(a), the offender must: (a) travel without delay and by the shortest practicable route from the approved residence to the place where the offender seeks treatment; and (b) return to the approved residence by the shortest practicable route as soon as practicable after being treated. 19T Firearms (1) Subject to subsection (2), a non-custodial offender: (a) must not possess a firearm without the approval of the Commissioner; and (b) must immediately notify a probation and parole officer if another person at the offender's residence is in possession of a firearm. (2) This regulation does not apply to a non-custodial offender who is subject only to: (a) a community work order; or (b) a community correction order with a condition to participate in an approved project imposed under section 34(1)(a) of the Sentencing Act 1995 and with no other conditions imposed under section 34 of that Act.

Part 3A Non-custodial orders Division 4 Home detainees Correctional Services Regulations 2014 18 19U Conduct generally A non-custodial offender: (a) must accept telephone calls from a probation and parole officer at the offender's home or place of employment or business; and (b) must not obstruct a probation and parole officer in the exercise of the officer's functions, or anyone assisting the officer; and (c) must not assault, threaten, insult or use abusive language to a correctional services officer. Division 4 Home detainees 19V Requirement to reside in and remain at approved residence (1) A home detainee who is absent from the detainee's approved residence does not breach the detainee's home detention order or administrative non-custodial order if any of the following apply: (a) the detainee's absence is necessary in order to comply with a direction of a probation and parole officer; (b) the detainee's absence is for one of the following and has been approved by a probation and parole officer: (i) employment or carrying on a business; (ii) education or training; (iii) rehabilitation; (iv) practices associated with the detainee's religion or belief system; (c) the detainee's absence is for the purpose of seeking urgent treatment from a health practitioner and the detainee complies with subregulations (2) and (3). (2) If the detainee is absent for the purpose of seeking urgent treatment, the detainee must give a probation and parole officer a certificate, signed by a health practitioner, stating the grounds on which the treatment was sought. (3) The certificate must be given to the probation and parole officer not more than 72 hours (or any longer period allowed by the officer) after the detainee left the detainee's approved residence.

Part 3A Non-custodial orders Division 4 Home detainees Correctional Services Regulations 2014 19 (4) If the detainee is absent from the detainee's approved residence for a purpose mentioned in subregulation (1) the detainee must: (a) travel without delay and by the shortest practicable route from the approved residence to the place where that purpose is to be carried out; and (b) return to the approved residence by the shortest practicable route as soon as practicable after the purpose has been completed. 19W Alcohol and restricted drugs A home detainee must not purchase or consume alcohol or purchase or use a restricted drug (other than as prescribed by a health practitioner). 19X Firearms A home detainee: (a) must not possess a firearm without the approval of the Commissioner; and (b) must immediately notify a probation and parole officer if another person at the detainee's approved residence is in possession of a firearm. 19Y Conduct generally A home detainee: (a) must be of good behaviour; and (b) must not contravene a law in force in the Territory; and (c) must accept visits from a probation and parole officer at a place where the detainee is permitted to be under regulation 19V; and (d) must accept telephone calls from a probation and parole officer at the detainee's approved residence or place of employment or business; and (e) must not assault, threaten, insult or use abusive language to a correctional services officer.

Part 4 Miscellaneous matters Correctional Services Regulations 2014 20 Part 4 Miscellaneous matters 20 Leave permit condition For section 111(c) of the Act, it is a condition of a leave permit that the prisoner must not purchase or consume alcohol, or purchase or use any drug (other than as prescribed by a health practitioner). 21 Monitoring devices For section 165 of the Act, definition monitoring device, paragraph (a)(iii), the purpose of monitoring a prisoner's compliance with a leave permit is prescribed. 22 Notification of seizure of mail (1) This regulation applies if the General Manager of a custodial correctional facility: (a) is given: (i) an item of mail under section 155(2) or (4) or 157(2) of the Act; or (ii) a thing that has been removed from an item of mail under section 155(5)(a) of the Act; and (b) seizes the mail or thing under section 157(3)(c) of the Act. (2) The General Manager must inform the prisoner by or to whom the mail was sent that the mail or thing has been seized and will be dealt with by the Commissioner under section 158 of the Act. 23 Prisoner welfare The Commissioner must ensure that a prisoner is provided with: (a) food of sufficient quantity and quality to maintain the prisoner in good health; and (b) the opportunity for such exercise to maintain the prisoner in good health as it is reasonably practicable to provide; and (c) sufficient clothing of a kind that is: (i) suitable for the climate; and (ii) if the prisoner is required to carry out work – suitable for carrying out that work.

Part 5 Awards Correctional Services Regulations 2014 21 24 Oath of office (1) Each of the following must take an oath of office before performing any of the functions of the office: (a) the Commissioner; (b) the General Manager of a custodial correctional facility; (c) a correctional officer; (d)a special correctional officer. (2) The oath must be in the form set out in Schedule 4. Part 5 Awards 25 Commissioner may confer awards (1) The Commissioner may confer an award mentioned in Schedule 3 on a person who is or was a correctional services officer or employee of the Agency if the Commissioner is satisfied that the person satisfies the criteria for that award mentioned in Schedule 3. (2) An award may be conferred posthumously. 26 Form of decorations The decorations for an award are to be in a form determined by the Commissioner. 27 Wearing of decorations (1) The recipient of an award: (a) may wear the decorations for the award: (i) on a ceremonial occasion; or (ii) on any other occasion approved by the Commissioner; and (b) if the decorations for the award include a ribbon – may wear the ribbon on the recipient's uniform or clothing, in the manner specified in the Commissioner's Directions, while he or she is on duty or at work. (2) A person commits an offence if the person: (a) wears any of the decorations for an award conferred under this Part; and

Part 6 Transitional provisions for Correctional Services Regulations 2014 Correctional Services Regulations 2014 22 (b) is not the recipient of the award. Maximum penalty: 50 penalty units. 28 Revocation of conferral of award (1) The Commissioner may revoke the conferral of an award. (2) A person commits an offence if: (a) the conferral of an award on the person is revoked; and (b) the person knows that the award has been revoked; and (c) the person fails to return the decorations for the award to the Commissioner within 28 days after the revocation. Maximum penalty: 50 penalty units. 29 Awards register The Commissioner must keep a register of awards conferred under this Part. Part 6 Transitional provisions for Correctional Services Regulations 2014 30 Awards For Schedule 3, items 5 and 6: (a) the reference to a period of service includes a reference to service before the commencement of these Regulations; and (b) a reference to the Agency includes, in relation to a period before that commencement, a reference to the Agency from time to time administering the repealed Prisons (Correctional Services) Act 1980. 31 Oath of office Regulation 24 does not apply to a person to whom section 211 of the Act applies.

Part 7 Transitional matters for Correctional Services Amendment Regulations 2016 Correctional Services Regulations 2014 23 Part 7 Transitional matters for Correctional Services Amendment Regulations 2016 32 Continuation of directions, approvals etc. (1) Any direction, requirement, approval, exemption or suspension in force immediately before the commencement in relation to an offender under the repealed Regulations continues in force in relation to the offender for the purposes of Part 3A, as inserted by the amending Regulations. (2) In this regulation: amending Regulations means the Correctional Services Amendment Regulations 2016. commencement means the commencement of the amending Regulations. repealed Regulations means the Correctional Services (Non-custodial Orders) Regulations, as in force immediately before the commencement.

Schedule 1 Misconduct Correctional Services Regulations 2014 24 Schedule 1 Misconduct regulation 3 1 Failing to comply with a provision of the Act that requires a prisoner to do or not do something. Examples for item 1 Provisions of the Act that require a prisoner to do or not do something include the following: (a) section 42(1) – compliance with general routine of custodial correctional facility; (b) section 42(2) – compliance with directions; (c) section 51(1) – alcohol/drug testing; (d) section 52(1) – buccal swabs; (e) section 53(1) – identity confirmation. 2 Conduct that constitutes an offence against the Act. Examples for item 2 Offences against the Act include the following: (a) section 176(2) – giving something to another person; (b) section 183 – removing something from custodial correctional facility; (c) section 187 – obstructing a correctional services officer; (d) section 188 – giving misleading information to a correctional services officer; (e) section 191 – tampering with a sample given or taken for an alcohol/drug test. 3 Conduct that is riotous, disorderly or otherwise threatens the security and good order of a custodial correctional facility. 4 Being unlawfully absent from a custodial correctional facility. 5 Being in part of a custodial correctional facility in which the prisoner is not authorised to be. 6 Failing to attend a muster, or avoiding a count, of prisoners. 7 Sexually harassing a person. 8 Conduct (including using language) that is insulting or threatening. 9 Abusing the prisoner's rights to receive visits, send and receive mail and make and receive telephone calls. Examples for item 9 Conduct that might constitute such abuse includes the following: (a) sending mail that purports to be a protected/legal item but is not; (b) making a telephone call to a person who the prisoner is prohibited by a court order from contacting; (c) arranging to have another person send a prohibited thing to the prisoner by disguising it as a protected/legal item;

Schedule 1 Misconduct Correctional Services Regulations 2014 25 (d) sending mail to a person whom the prisoner is prohibited by a court order from contacting. 10 Abusing the prisoner's privilege to use a computer or other electronic device. Examples for item 10 Conduct that might constitute such abuse includes the following: (a) using a computer to create threatening letters; (b) using audio equipment to create a disturbance. 11 Feigning or exaggerating illness or an injury. 12 Consuming, using, taking, administering, smoking or otherwise ingesting any of the following: (a) alcohol; (b) tobacco; (c) medication (other than medication prescribed for the prisoner by a health practitioner); (d) a drug; (e) anything else likely to induce an intoxicated state. 13 Giving or administering anything mentioned in item 12 to another prisoner. 14 Manufacturing anything mentioned in item 12. 15 Tattooing or body piercing any person. 16 Altering the prisoner's appearance in a way that could reasonably affect the ability of correctional officers or special correctional officers to identify the prisoner. 17 Gambling. 18 Being in possession of something that is not an allowable item. 19 Lending or selling something to another prisoner for gain. 20 Damaging property (other than the prisoner's own property). Examples for item 20 Property that might be damaged includes the following: (a) a thing at a correctional services establishment that is owned or used by the Territory; (b) possessions of another prisoner or a visitor; (c) clothing or personal items issued to the prisoner or another prisoner; (d) plants growing at the custodial correctional facility; (e) property at a place where the prisoner is working outside the custodial correctional facility.

Schedule 1 Misconduct Correctional Services Regulations 2014 26 21 Interfering with fixtures and fitting, security equipment or other property at the custodial correctional facility. Examples for item 21 Conduct that might constitute interfering with property includes the following: (a) picking locks; (b) disabling cameras or security sensors; (c) tampering with lighting. 22 Removing the prisoner's identification document or device. 23 Altering a document or device used to identify the prisoner, or creating a false document or device. 24 Failing to comply with a condition of a leave permit. 25 Making a malicious or frivolous complaint about a correctional services officer or another prisoner to a General Manager, the Commissioner or a protected correspondent.

Schedule 2 Privileges that may be withdrawn Correctional Services Regulations 2014 27 Schedule 2 Privileges that may be withdrawn regulation 4 1 Attendance at or participation in any of the following: (a) the showing of a film or video; (b) a concert or other performance; (c) any other organised leisure time activity. 2 Use of, or access to, (whether individually or as a member of a group) any of the following: (a) audio or audiovisual equipment or content; (b) a musical instrument. 3 Use of library facilities, except to the extent that the use is reasonably necessary for the purposes of a course of study or training in which the prisoner is enrolled. 4 Possession of allowable items, other than essential toiletries. 5 Purchasing of allowable items, other than essential toiletries. 6 Receiving visits, other than priority/legal visits. 7 Making or receiving telephone calls, other than priority/legal calls. 8 Purchasing of telephone credits. 9 Participation in hobbies. 10 Associating with a particular prisoner or group of prisoners. 11 Leave permits granted at prisoner's request.

Schedule 3 Awards Correctional Services Regulations 2014 28 Schedule 3 Awards regulation 25 Award Criteria 1 Bravery medal Conduct of conspicuous merit involving an act of exceptional bravery 2 Commendation for brave conduct An act of bravery 3 Exemplary Conduct Cross Conduct or service characterised by initiative, leadership or distinctive devotion to duty 4 Unit Citation Performance of outstanding service as part of a unit 5 Service Medal Completion of 10 years of satisfactory service to the Agency 6 Service Medal – clasp Completion of a second or subsequent 10 years of satisfactory service to the Agency

Schedule 4 Oath of office Correctional Services Regulations 2014 29 Schedule 4 Oath of office regulation 31 I, ___________________________ [promise/ swear etc. as required by Oaths, Affidavits and Declarations Act 2010] that I: (a) will perform the functions of the office of [name of office] lawfully, impartially and in good faith; and (b) will uphold the Northern Territory Department of Correctional Services Code of Conduct; and (c) will not bring the Department of Correctional Services into disrepute. [So help me God! or as appropriate]

ENDNOTES Correctional Services Regulations 2014 30 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Correctional Services Regulations (SL No. 28, 2014 ) Notified 9 September 2014 Commenced 9 September 2014 Correctional Services Amendment Regulations (SL No. 9, 2016) Notified 3 May 2016 Commenced 3 May 2016 Justice and Other Legislation Amendment Act 2024 (Act No. 4, 2024) Assent date 14 March 2024 Commenced pt 5, div 1: 30 October 2023 (s 2(2)); pt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other Legislation Amendment Act 2022 (Act No. 28, 2022) and Gaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2 Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024); rem: 15 March 2024 (s 2(1)) Correctional Services Legislation Amendment Act 2025 (Act No. 3, 2025) Assent date 18 February 2025 Commenced 19 February 2025 (s 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: rr 1, 2, 9, 17, 19A, 19B, 19D, 19H, 19J and 30 and sch 4. 4 LIST OF AMENDMENTS r 2 amd No. 9, 2016, r 3

ENDNOTES Correctional Services Regulations 2014 31 r 15 amd No. 9, 2016, r 4 r 16 amd No. 9, 2016, r 5 pt 3A hdg ins No. 9, 2016, r 6 pt 3A div 1 hdg ins No. 9, 2016, r 6 r 19 amd Act No. 3, 2025, s 8 r 19A ins No. 9, 2016, r 6 amd Act No. 4, 2024, s 58 r 19B ins No. 9, 2016, r 6 amd Act No. 4, 2024, s 59 pt 3A div 2 sdiv 1 hdg ins No. 9, 2016, r 6 r 19C ins No. 9, 2016, r 6 r 19D ins No. 9, 2016, r 6 amd Act No. 4, 2024, s 60 rr 19E – 19G ins No. 9, 2016, r 6 r 19H ins No. 9, 2016, r 6 amd Act No. 4, 2024, s 61 r 19J ins No. 9, 2016, r 6 amd Act No. 4, 2024, s 62 pt 3A div 2 sdiv 2 hdg ins No. 9, 2016, r 6 rr 19K – 19M ins No. 9, 2016, r 6 pt 3A div 3 hdg ins No. 9, 2016, r 6 rr 19N – 19S ins No. 9, 2016, r 6 r 19T ins No. 9, 2016, r 6 amd Act No. 4, 2024, s 63 r 19U ins No. 9, 2016, r 6 pt 3A div 4 ins No. 9, 2016, r 6 r 19V ins No. 9, 2016, r 6 amd Act No. 4, 2024, s 64 rr 19W – 19Y ins No. 9, 2016, r 6 r 20 amd No. 9, 2016, r 7 r 24 amd Act No. 3, 2025, s 9 r 27 amd No. 9, 2016, r 8 pt 7 hdg ins No. 9, 2016, r 9 r 32 ins No. 9, 2016, r 9 sch 1 amd No. 9, 2016, r 10; Act No. 3, 2025, s 10

1 CORRECTIONAL SERVICES REGULATIONS 2014

The Regulations rely on a small set of recurring legal and operational categories to give effect to the Act. Key concepts are defined in situ and used to allocate duties and decision rights.

Misconduct and disciplinary sanctions: regulation 3 prescribes what constitutes misconduct for the purposes of section 69(2)(b) of the Act, by reference to Schedule 1. Misconduct covers failing to comply with Act provisions (examples listed at Sch 1 item 1), offences against the Act, riotous or disorderly conduct, absenteeism, sexual harassment, possession or consumption of intoxicants, tampering with samples, damaging property and similar behaviour (Sch 1). Disciplinary sanctions are concretised in regs 4-6, with privileges that may be withdrawn set out at Schedule 2, a prescribed 75 per cent reduction in pay available as a penalty (reg 5), and fines up to $200 (reg 6).
Alcohol and drug testing hierarchy: Part 3 defines prescribed tests (reg 10): preliminary tests (breath, saliva, urine) and higher‑order analyses (breath analysis to ascertain alcohol concentration, blood analysis for alcohol or drugs). The Regulations distinguish who may direct a test (officers with authority under sections of the Act, e.g. sections 37, 51, 145 or 172 referenced in regs 12-15), under what circumstances (reasonableness standard in reg 12; conditions for breath analysis reg 13; blood analysis only in specified circumstances reg 14), who may take and analyse samples (regs 16-18), and the form of admissible evidentiary certificates (reg 19).
Non‑custodial order mechanics: Part 3A (regs 19A-19Y) defines approved projects, supervisors, home detainees, required treatment and training programs (reg 19A). It makes non‑compliance with Part 3A a breach of the offender’s non‑custodial order (reg 19B). Attendance, satisfactory participation, limits on alcohol and restricted drugs, protective clothing requirements, supervisory powers to direct leave or suspend participation, travel time treatment, rest and meal breaks, reporting and supervision requirements, and specific rules for home detainees are all spelled out (regs 19C-19M, 19P-19Y). Firearm possession by non‑custodial offenders and home detainees requires prior Commissioner approval and triggers a notification duty where another resident possesses a firearm (regs 19T, 19X).
Administrative evidence architecture: regulation 19 prescribes who may issue evidentiary certificates under section 201 of the Act, including the Commissioner, General Manager, correctional officers, probation and parole officers, police, persons approved under regs 16(d) and 17(b), health practitioners, phlebotomists and pathologists, and specifies the precise facts each may certify (reg 19(2)-(7)).
Operational minima and staff obligations: prisoner welfare minima are set out (reg 23), the General Manager must notify a prisoner when mail is seized (reg 22), an oath requirement exists for senior officers and correctional officers (reg 24; sch 4), and the Commissioner has the power to confer, revoke and register awards with specified penalties for misuse of decorations (regs 25-29).

The Regulations therefore combine procedural rules (who may do what and when), evidentiary scaffolding (certificates and approved testers), behavioural commands for offenders (attendance, sobriety, conduct, use of protective equipment), and administrative obligations on the Department (approvals, notification, recordkeeping such as the awards register at reg 29). They also interlock with defined offences and powers in the Act and other Territory statutes through cross‑references throughout the instrument.

The Regulations create obligations and decision powers that affect a defined set of actors inside and adjacent to the correctional system.

Prisoners in custodial facilities: The misconduct provisions (reg 3 and Sch 1) define a large set of behaviours that can attract disciplinary measures. Sanctions available include withdrawal of specified privileges (reg 4; Sch 2), reduction of pay (reg 5), fines up to $200 (reg 6) and other penalties referred to in the Act. Prisoners are entitled to procedural information at the start of misconduct proceedings (reg 7) and to an interpreter where reasonably necessary and requested (reg 8). Prisoner welfare minimums (food, exercise, clothing) are mandated on the Commissioner (reg 23). Leave permit holders must comply with alcohol/drug prohibitions while on leave (reg 20).
Non‑custodial offenders and home detainees: Part 3A (regs 19A-19Y) governs non‑custodial offenders subject to work orders, community supervision, monitoring orders or home detention. Those offenders are required to attend and remain at approved places for approved projects (reg 19C), participate satisfactorily (regs 19D, 19R), remain sober and drug‑free while at program sites or for specified purposes (regs 19E, 19Q, 19W), comply with training or treatment obligations (reg 19P), and accept supervision and reporting obligations (reg 19U, 19Y). Home detainees have specific permitted absences (reg 19V) and must be of good behaviour and accept visits and calls (reg 19Y). Firearm possession by non‑custodial offenders and home detainees is constrained and reportable (regs 19T, 19X).
Correctional services officers, probation and parole officers and supervisors: These officers are the primary decision makers under the Regulations. They can authorise testing directions (regs 12-15 reference their authority under sections of the Act), grant approvals for absences or sick certificates for non‑custodial offenders (regs 19C(4), 19P(4)), direct an offender to leave an approved project where reasonable belief of breach exists (reg 19H), suspend participation where appropriate pending court disposition (reg 19J), approve persons to carry out tests (regs 16(d), 17(b)), issue evidentiary certificates (reg 19(2), 19(4)), and determine whether participation and conduct are satisfactory (regs 19D(2), 19R(1)). The Commissioner and General Manager have specific administrative functions: delegating approvals, maintaining registers, issuing certificates and conferring awards (regs 19(2), 25, 29).
Health practitioners, phlebotomists and pathologists: These health professionals are enlisted to take and analyse blood samples and to issue evidentiary certificates about the taking and analysis of blood samples (reg 18(1)-(2), reg 19(6)-(7)). A pathologist must hold specialist registration in pathology under the Health Practitioner Regulation National Law (reg 9).
Police: Police officers are an authorised class of sampler for preliminary tests (reg 16(c)) and the Commissioner of Police may issue evidentiary certificates about police status and about persons authorised under the Traffic Act to operate prescribed breath analysis instruments (reg 19(3)).
Persons or classes approved by the Commissioner: The Commissioner can approve persons or classes to carry out breath, saliva or urine tests (reg 16(d)) or breath analyses (reg 17(b)), and may issue evidentiary certificates about approvals (reg 19(2)(b)). Supervisors for approved projects are those designated by the Commissioner (reg 19A definition).
The Territory as payee and custodian of trust accounts: Fines levied under reg 6 are payable to the Territory (reg 6(2)) and may be deducted from prisoner trust accounts if unpaid (reg 6(3)).

The Regulations therefore allocate rights and duties across four broad groups: offenders (custodial and non‑custodial), correctional agency staff and supervisors, external professionals who provide testing and medical functions, and the Territory as a fiscal recipient. Decision rights are concentrated in correctional officers, probation and parole officers, supervisors designated by the Commissioner, and the Commissioner themself. The document also references other agencies indirectly through cross‑references to other statutes and to the Commissioner of Police for certain evidentiary functions (reg 19(3)).

The Regulations state discrete duties for offenders and corresponding powers and procedural duties for correctional staff and the Commissioner.

Duties imposed on offenders

Obey misconduct standards: Prisoners must not engage in actions listed in Schedule 1; misconduct may include failing to comply with Act provisions, offences against the Act, being in unauthorised parts of a facility, sexual harassment and substance use (reg 3; Sch 1). Non‑custodial offenders are explicitly bound by Part 3A obligations, and failure to comply with Part 3A is a breach of the non‑custodial order (reg 19B).
Attendance and participation: Non‑custodial offenders under a work order must attend and remain at required places for the required period and may only be absent with approval, due illness certified by a health practitioner within 72 hours, or when directed to leave under reg 19H (regs 19C(2)-(6)). They must participate satisfactorily in approved projects or training programs, as judged by the supervisor or probation and parole officer (regs 19D, 19R).
Sobriety and drug restrictions: Offenders participating in approved projects, training, treatment or on leave must not be under the influence of alcohol or restricted drugs, be in possession of them, or consume them unless prescribed by a health practitioner (regs 19E(2), 19Q(1), 19W).
Use of protective clothing: When directed, offenders must wear supplied protective clothing and use protective equipment while doing approved project work; protective footwear provision and wearing is required (reg 19F).
Residence and movement rules for home detainees: Home detainees must reside at and remain at approved residences unless permitted absences apply, must provide certificates for urgent health treatment absences within 72 hours, travel by the shortest practicable route when attending and returning from approved purposes, and accept telephone calls and visits from probation and parole officers (regs 19V(1)-(4), 19Y( c )-(d)).
Firearm constraints: Non‑custodial offenders and home detainees must not possess firearms without Commissioner approval and must notify probation and parole officers if another person at the residence possesses a firearm (regs 19T(1)(a)-(b), 19X).

Duties and powers of officers and administrative actors

Directions to test and reasonableness: Correctional officers with statutory authority may direct breath, saliva or urine tests only when they consider it reasonable to do so; that reasonableness does not require suspicion that a person has alcohol or drugs in the body (reg 12(1)-(2)). Breath analysis and blood analysis have defined preconditions (regs 13-14).
Approvals and supervision: Probation and parole officers may approve absences (regs 19C(4), 19P(4)), suspend participation in projects pending court action (reg 19J), and direct offenders to leave project sites where reasonable grounds exist for belief of breach (reg 19H).
Evidence certification: The Commissioner, Commissioner of Police, correctional staff, approved testers, health practitioners, phlebotomists and pathologists are authorised to issue evidentiary certificates concerning tests and staff authorisations (reg 19(2)-(7)).
Procedural duties in misconduct proceedings: Decision makers must explain the basis of the charge, potential penalties, procedures, rights under the Act and the possibility of cross‑examination if the prisoner gives evidence (reg 7). Where an interpreter is reasonably necessary and requested, the General Manager must make one available (reg 8).

Rights and procedural protections

Right to be informed: Reg 7 mandates that at the start of misconduct proceedings the decision maker explain the charge, potential penalties and procedures, and the prisoner’s rights under specified sections of the Act.
Interpreter access: Reg 8 provides for interpreter assistance in misconduct proceedings where reasonably necessary and requested.
Evidentiary formality: The Regulations set out a formal evidentiary pathway through certificates (reg 19) rather than obliging live testimony in all operational contexts, which shapes how test results and staff actions will be proved.

Sanctions and enforcement rights

Privilege withdrawal catalogue: Schedule 2 lists deprived privileges that may be removed for discipline, including visits, telephone calls and access to audiovisual equipment and library facilities.
Monetary and pay sanctions: Pay reduction to 25 per cent of normal rate (a 75 per cent reduction) is prescribed (reg 5); fines up to $200 are authorised (reg 6), with the Territory as payee and the Commissioner authorised to deduct unpaid fines from trust accounts (reg 6(2)-(3)).
Award regulation and offences: The Commissioner may confer awards (reg 25), but is also empowered to revoke conferrals and the Regulations create offences for unauthorised wearing of decorations and failing to return revoked decorations with a maximum penalty of 50 penalty units (regs 27-28).

These duties and rights allocate day‑to‑day conduct expectations for offenders, evidentiary and administrative powers for staff, and specific procedural protections in misconduct adjudication. The Regulations place several time‑bound evidentiary or administrative obligations on offenders (for example, the 72‑hour rule for medical certificates at regs 19C(6), 19P(6), 19V(3)), and vest discretionary approving powers with probation and parole officers, supervisors and the Commissioner for critical operational determinations.

The Regulations supply a matrix of administrative sanctions, minor monetary penalties and internal enforcement mechanisms that operate alongside the Act’s enforcement architecture.

Administrative sanctions and privilege withdrawal

Withdrawal of privileges: Regulation 4 prescribes the privileges that can be withdrawn under section 78(2)(c) of the Act; Schedule 2 enumerates tangible privileges such as participation in organised leisure activities, use of audio/visual equipment, library access (subject to study needs), possession and purchase of non‑essential allowable items, visits other than priority/legal visits, telephone calls other than priority/legal calls, purchasing telephone credits, hobbies, association with specific prisoners, and leave permits sought by the prisoner. Removing these privileges is an administrative sanction exercisable under the Act and these Regulations (reg 4; Sch 2).

Monetary sanctions and pay reductions

Reduction of prisoner pay: A specified pay penalty is prescribed at regulation 5: where a prisoner’s rate of pay is reduced as a penalty, the regulated percentage is 75 per cent of the rate otherwise payable, implying the prisoner receives 25 per cent (reg 5). This fixes the financial hit available as part of disciplinary measures.
Fines and recovery: Regulation 6 prescribes an option to impose a fine of up to $200 for misconduct, payable to the Territory (regs 6(1)-(2)). If unpaid within the time required, the Commissioner may deduct the fine amount from the prisoner’s trust account (reg 6(3)). This creates an administrative enforcement channel that uses existing trust account mechanisms.

Criminal and disciplinary overlap

Misconduct list: Schedule 1 includes conduct that may be an offence under the Act or other laws (for example, removing property from a facility, obstructing an officer, tampering with an alcohol/drug test sample). Where a listed act is also a criminal offence, enforcement can proceed under the Act’s disciplinary regime and under the criminal law as appropriate. The Regulations do not convert disciplinary findings into criminal convictions but facilitate evidence gathering and internal sanctioning.

Procedural enforcement and evidentiary architecture

Test direction and admissibility: The Regulations prescribe how and when tests can be directed (regs 12-15), who may take and analyse samples (regs 16-18), and the form of certificates that may be issued for evidentiary purposes (reg 19). Regulation 19 creates a streamlined evidentiary pathway by specifying certifiers and certifiable matters under section 201 of the Act. Enforcement therefore relies heavily on administrative certificates authored by correctional staff, commissioned testers, health practitioners, pathologists and the Commissioner of Police.
Power to direct removal from approved projects: Supervisors and probation and parole officers may direct an offender to leave a project site for the rest of the day where there are reasonable grounds to believe the offender is in breach of the work order (reg 19H). They are not obliged to arrange transport (reg 19H(4)), which shifts transport costs or arrangements to the offender in many cases.

Offences created by the Regulations

Awards misuse: Wearing decorations for an award when not the recipient is an offence with a maximum penalty of 50 penalty units (reg 27(2)). Failing to return revoked decorations within 28 days when one knows the award has been revoked is also an offence with the same maximum penalty (reg 28(2)), and the Commissioner may revoke awards under reg 28(1).

Enforcement discretion and process safeguards

Explanation and interpreter duties: Enforcement processes at the misconduct hearing stage include mandated explanations of charge, penalties and rights (reg 7) and the provision of interpreters when reasonably necessary and requested (reg 8). These provisions supply procedural safeguards against unfair disciplinary processes, but the Regulations do not prescribe a detailed adversarial hearing model within the discipline regime; procedural particulars remain governed by the Act and internal directions referenced in the Regulations.

In sum, the Regulations provide a layered enforcement toolkit: non‑custodial order conditions and criminally cognisable misconduct are subjected to administrative sanctions, targeted fines, pay reductions, privilege withdrawal, and internal procedural safeguards, and rely on specified testing and certification regimes to generate admissible evidence under the Act.

The Regulations are heavily cross‑referenced to the Correctional Services Act 2014 and other Territory and Commonwealth instruments. They do not operate in isolation; instead they translate statutory powers and definitions into operational detail while importing existing definitions and authorisations from other regimes.

Cross‑references within the Act

The Regulations implement and qualify steps authorised by multiple sections of the Act. For example, reg 3 identifies misconduct for section 69(2)(b) of the Act, reg 4 addresses the list of privileges that may be withdrawn for the purposes of s 78(2)(c), reg 5 prescribes the pay reduction percentage under s 78(2)(d), and reg 6 prescribes a fine option under s 78(2)(g). Regulations 12-15 refer to the authority to direct tests under sections 37, 51, 145 and 172 of the Act. The evidentiary certificates in reg 19 are expressly tied to section 201 of the Act. The interaction means that the Act supplies the substantive powers while these Regulations set the permitted forms, thresholds and administrative detail.

Other Territory statutes and definitions

Misuse of Drugs Act 1990: The definition of restricted drug incorporates a "dangerous drug" as defined by that Act (reg 2). This imports the criminal law’s classification into the corrections regime for the purpose of testing and prohibition of use.
Medicines, Poisons and Therapeutic Goods Act 2012: Schedule 4, 8 or 9 substances under this Act are included in the definition of restricted drugs (reg 2).
Traffic Act 1987: The prescribed breath analysis instrument concept refers to section 3(1) of the Traffic Act 1987, and reg 17 identifies as authorised breath analysis operators those authorised under that Traffic Act (regs 9 and 17(a)). This imports technical standards for breath analysis instrumentation and operator authorisation from traffic enforcement law.
Firearms Act 1997 and Sentencing Act 1995: Definitions and conditions for firearms and home detention link to these Acts. The Regulations define "firearm" by reference to the Firearms Act 1997 and home detention condition by reference to the Sentencing Act 1995 (reg 19A). Several non‑custodial obligations explicitly refer to sentencing legislation (notes to reg 19B and references within Part 3A), which aligns non‑custodial order conditions with sentencing‑stage authority.
Health Practitioner Regulation National Law and National Vocational Education and Training Regulator Act 2011 (Cth): The pathologist definition requires specialist registration under the Health Practitioner Regulation National Law (reg 9). Phlebotomist is defined by reference to training under the National Vocational Education and Training Regulator Act 2011 (reg 9).

Procedural and evidentiary interlocks

Evidentiary certificates and policing functions: Regulation 19 permits the Commissioner of Police to issue evidentiary certificates about police status and authorised breath instrument operators (reg 19(3)). This creates an inter‑agency evidentiary path between corrections and police for certain technical certifications.

Transitional interactions

The transitional provisions at regs 30-32 ensure continuity with pre‑existing instruments. Regulation 32 continues directions, approvals and similar measures in force under the repealed Correctional Services (Non‑custodial Orders) Regulations when Part 3A commenced by the amending Regulations (reg 32(1)). Endnotes list amending instruments and the Justice and Other Legislation Amendment Act 2024 and the Correctional Services Legislation Amendment Act 2025 that altered or updated the Regulations. The endnotes therefore identify how the Regulations have been revised to maintain consistency with changes in statutory policy and cross‑referencing.

In practice, interaction with other laws means that:

technical qualifications and authorised operators for testing are drawn from traffic and health regulatory regimes (regs 9, 17, 18);
definitions of controlled substances and offences are taken from drug and medicines law (reg 2);
sentencing law determines the existence and content of non‑custodial orders that the Regulations operationalise (reg 19B and notes);
police and health professionals are integrated into the evidence chain (reg 19).

Thus, operational compliance and enforcement require attention to multiple statutory regimes beyond the Correctional Services Act itself. The Regulations act as the hub that coordinates these interlocking legal authorities in the corrections setting.

The Regulations have been amended several times since their original notification on 9 September 2014. The instrument sets out the primary amending instruments and records formal corrections.

Founding instrument and early amendment

The Correctional Services Regulations 2014 were made as SL No. 28 of 2014, notified and commenced 9 September 2014 (Endnotes, List of Legislation). The Correctional Services Amendment Regulations (SL No. 9, 2016) were notified and commenced on 3 May 2016 and introduced Part 3A (Non‑custodial orders) and a suite of provisions for non‑custodial offenders, including attendance, conduct, time accounting and home detainee rules (Endnotes; regs 32 and various reg insertions). The 2016 instrument inserted the Part 3A heading and many regs (r 6 insertion references throughout the table of amendments).

Subsequent Acts and amendments

Justice and Other Legislation Amendment Act 2024: The Endnotes record that this Act (Act No. 4, 2024) had multiple commencement dates for parts affecting the Regulations, with assorted provisions commencing on 30 October 2023 and 25 March 2024, and other commencement and repeal dates indicated (Endnotes, List of Legislation). Several regulations in Part 3A were amended by Act No. 4, 2024, as indicated in the list of amendments (for example regs 19, 19B, 19D, 19H, 19J, 19T and 19V and related notes).
Correctional Services Legislation Amendment Act 2025: The Regulations were amended by Act No. 3, 2025, which received assent on 18 February 2025 and commenced 19 February 2025 (Endnotes). The list of amendments shows specific amendments attributed to Act No. 3, 2025, such as changes to reg 19 and Schedule 1 (Endnotes list sch 1 amended by Act No. 3, 2025, s 10). Regulation 24 (oath of office) was also amended by Act No. 3, 2025, s 9.

Formal and consequential amendments

The Interpretation Legislation Amendment Act 2018 made general formal amendments to several regulations (noted in the Endnotes) including rr 1, 2, 9, 17, 19A, 19B, 19D, 19H, 19J and 30 and sch 4. The List of Amendments in the Endnotes itemises numerous specific amendments to individual regulations, many tied to the 2016 amending Regulations (No. 9, 2016) and the later Acts.

Transitional saving provisions

Regulation 32 provides an express transitional saving: any direction, requirement, approval, exemption or suspension in force immediately before commencement under the repealed Non‑custodial Orders Regulations continues in force for the purposes of Part 3A. Regulation 30 and 31 preserve service and prior oath arrangements as to awards and oaths respectively for persons serving before commencement.

Implications of amendment history

The amendment history in the Endnotes shows a two‑stage development: a substantive expansion in 2016 establishing a non‑custodial orders Part, and subsequent legislative amendments in 2024 and 2025 refining definitions, responsibilities, and other particulars. The Regulations therefore reflect an evolving statutory design that has increasingly detailed compliance obligations for non‑custodial offenders and operational certainties for testing and evidence.

When advising or complying, practitioners should consult the cited commencement dates in the Endnotes to determine whether particular amendments were operational at or after specific times, and track the Commissioner’s Directions and any subordinate instruments that implement or clarify these Regulations.

The Regulations and their schedules do not include any judicial decisions, case citations or an express litigation history. The instrument itself does not record any litigation or judicial interpretation of its provisions.

Observations relevant to litigation risk and evidentiary contest

The Regulations create administrative decision points and evidentiary mechanisms that are likely to generate disputes in enforcement contexts. For example, the reasonableness standard applicable to directions to submit to breath, saliva or urine tests is framed in regulation 12(1) and regulation 12(2) says that the officer need not suspect the person has drugs or alcohol for the direction to be reasonable. That formulation could attract legal argument in contested proceedings about what counts as "reasonable" in the corrections environment, particularly where the Act or procedural fairness obligations under the Act are invoked. The Regulations do not provide a detailed definition of "reasonable" in that context.
The evidentiary certificate regime (reg 19) centralises proof in written certificates issued by named officials and practitioners rather than requiring live witness proof for certain technical matters. Challenges may raise issues about the adequacy of that certification, chain of custody for specimens, qualifications of authorised testers, and conformity with standards established in other Acts referenced by the Regulations (for example, the Traffic Act 1987 as to breath analysis instruments). Regulation 18 prescribes who may take and who must analyse blood samples, but the Regulations do not set out a detailed chain‑of‑custody procedure within their text.
Procedural fairness in misconduct proceedings: Regulation 7 mandates that the decision maker explain the charge, penalties and procedure and the prisoner’s rights under sections 71(6) and 72 of the Act. The Regulations do not expand on what those statutory rights are. Where detainees allege inadequate explanation, denial of interpreter assistance (reg 8), or other procedural failings, disputes may engage administrative law principles, but the Regulations themselves leave the substantive standard to the Act and to internal Commissioner directions.

No appellate or judicial interpretation is reported in this instrument. Practitioners preparing litigation or advice should therefore rely on the Act, the Regulations’ text, Commissioner Directions, and any relevant case law on procedural fairness, administrative discretion and evidentiary admissibility that interprets the underlying Act or similarly structured correctional schemes. The instrument’s Endnotes and amendment history should be checked for any temporal variations in operative text that matter to actions or appeals commenced at different dates.

A number of practical and legal traps are embedded in the Regulations’ operational detail. These are points where parties commonly fail to notice a narrow rule or where administrative discretion carries implementation risk.

Reasonableness of testing directions without suspicion: Regulation 12(2) expressly states that a direction to submit to a breath, saliva or urine test need not be founded on suspicion that the person has alcohol or drugs. That reduces the evidentiary threshold for corrective staff to require tests but increases the operational risk of contest in disciplinary proceedings where detainees or offenders assert arbitrary or oppressive testing. Agencies should record the factual basis for exercise of the power even where suspicion is not required because reg 12(1) still requires the officer to consider the direction reasonable.
Breath and blood analysis prerequisites: Breath analysis can only be directed where a preliminary breath test was refused or where the officer reasonably believes alcohol may be present (reg 13). Blood analysis has a narrower set of triggers, including refusals to provide samples for other tests, inability to conduct breath analysis practicably, or reasonable suspicion of drugs (reg 14). Failure to observe these prerequisites risks evidentiary exclusion or procedural challenge in internal or judicial proceedings.
Short timeframes for medical certificates: Multiple regulations require a health practitioner’s certificate to justify illness‑based absences and permit time limits. For non‑custodial offenders these certificates must be provided within 72 hours or a longer period allowed by the probation and parole officer (regs 19C(6), 19P(6), 19V(3)). Failure to supply a timely certificate can convert an authorised absence into a breach.
Pay reduction quantification: Regulation 5 prescribes a 75 per cent reduction of the rate otherwise payable for carrying out the work. Practitioners and payroll officers must apply the specified arithmetic consistently; failure to apply the precise percentage may be susceptible to administrative challenge given the regulation fixes the sanction in statutory terms.
Fines recoverable from trust accounts: Regulation 6 permits the Commissioner to deduct unpaid fines from a prisoner’s trust account (reg 6(3)). Financial administrators must track orders and ensure deductions are lawful and properly recorded.
Wide scope of privileges that may be withdrawn: Schedule 2 lists many common privileges such as visits and telephone access. Disciplinary withdrawal of these privileges carries significant welfare and legal implications, especially where access relates to legal representation or medical care. Schedule 2 preserves priority/legal visits and calls, but any misclassification of a visit or call as non‑priority could generate complaints or judicial review.
Supervisor and probation officer attendance rule: Regulation 19K provides that if neither a supervisor nor probation and parole officer appears within one hour of a required start time and the offender remains, that period is treated as participation. Where supervisors arrange alternative activities during absences, the rule does not apply. Supervisors must therefore log attendance and alternatives contemporaneously to avoid disputes about credited participation hours.
Direction to leave and transport responsibility: Regulation 19H(3) requires the offender to comply with a direction to leave, but reg 19H(4) states the supervisor or probation and parole officer is not required to arrange transport. That places the logistical burden on the offender and may raise practical compliance issues, especially in remote locations or where the offender lacks funds.
Narrow authorisations for testing and analysis: Only specified persons may carry out tests or analyze samples: correctional officers, probation and parole officers, police officers, or persons approved in writing by the Commissioner for breath, saliva or urine tests (reg 16); persons authorised under Traffic Act or Commissioner approvals for breath analyses (reg 17); and health practitioners or trained phlebotomists for blood collection with pathologists doing the analysis (reg 18). Departments must therefore maintain current written approvals and ensure staff meet qualification criteria to avoid evidence admissibility challenges.
Awards revocation and penalties: Regulations 27-28 create criminal offences (maximum 50 penalty units) for wearing an award decoration without entitlement or failing to return revoked decorations. Officers and award recipients should be notified promptly and formally when a revocation occurs to avoid inadvertent exposure to these offences.
Transition and continuity: Regulation 32 preserves prior directions and approvals under the repealed Non‑custodial Orders Regulations. Practitioners dealing with older orders must ensure they map correctly to the current Part 3A obligations rather than assuming a clean slate.

Each of these gotchas requires practical controls from the correctional agency: documented reasons for discretionary tests, careful recordkeeping of attendance and approvals, prompt validation of certifications, secure chain of custody for samples, legal scrutiny where privileges affecting legal access are removed, and clear administrative notifications for awards and revocations.

Compliance splits into operational activities for the Department and behavioural obligations for prisoners and non‑custodial offenders. The Regulations map discrete duties that require policies, training, documentation and casework practices.

Operational and administrative actions for the Department

Maintain approval records and authorisations: The Commissioner must approve persons or classes to carry out breath, saliva or urine tests and to perform breath analyses where not authorised under the Traffic Act (regs 16(d), 17(b)). Keep written approval letters on file, with expiry or renewal dates, and ensure the register of awards is up to date (reg 29).
Training and qualification verification: Ensure that personnel authorised to take samples meet the qualifications set out: phlebotomists must be trained by a registered training organisation (reg 9), pathologists must hold specialist registration (reg 9), and breath analysers must be used by persons authorised under the Traffic Act or Commissioner approval (reg 17(a)-(b)). Maintain training records and competency assessments.
Protocols for testing directions and documentation: Documentation templates should record the factual basis for any test direction, particularly because reg 12(2) allows reasonable directions even absent suspicion. For breath analysis and blood analysis, record the preconditions relied upon (regs 13-14). Chain‑of‑custody forms should capture sample taking, handling, transport and analysis details to support the evidentiary certificates that reg 19 authorises.
Evidentiary certificate procedures: Develop standard form certificates in line with the certifiable matters listed in reg 19(4)-(7). Ensure authorized officers and external practitioners understand the scope and facts they can certify and how certificates will be formatted, signed and stored. Associate certificates with test logs and laboratory reports.
Misconduct procedures and interpreter access: Train decision makers on the mandatory explanation components for misconduct proceedings (reg 7), including the right to an interpreter where reasonably necessary and requested (reg 8). Maintain access to interpreters or an interpreter service contract.
Awards management and revocation process: Maintain a register of awards (reg 29), a documented conferral process grounded in Schedule 3 criteria, and a revocation protocol that ensures recipients are promptly notified so that revocations do not result in inadvertent offences under regs 27-28.
Supervision and project logistics: Supervisors of approved projects must document attendance, rest and meal breaks (reg 19M), travel time credits (reg 19L), and any arrangements when supervisors are absent to ensure reg 19K does not create unintended crediting. Written records of direction to leave incidents (reg 19H) and suspension notices (reg 19J) should be kept.

Practical compliance steps for offenders and representatives

Timely medical certificates: When absent due to illness, non‑custodial offenders and home detainees must supply a health practitioner’s certificate within 72 hours unless a longer period is allowed by the probation and parole officer (regs 19C(6), 19P(6), 19V(3)). Obtain and deliver such certificates promptly to avoid a breach.
Attendance and participation: Non‑custodial offenders must be at required places at required times and remain for required periods and must participate satisfactorily in approved projects (regs 19C, 19D, 19P, 19R). Keep evidence of attendance and any approvals for absence.
Compliance with sobriety and possession restrictions: Offenders must not consume, be under the influence of, or possess alcohol or restricted drugs while at program sites or during required reporting/treatment (regs 19E(2), 19Q(1), 19W). If a medicine is prescribed by a health practitioner, keep prescription documentation on hand.
Protective equipment and clothing: Where directed, offenders must wear supplied protective clothing and any directed protective footwear, which they may need to supply themselves in some circumstances (reg 19F). Ensure compliance with supervisor directions regarding safety equipment.
Firearm approvals and notifications: Offenders and home detainees must not possess firearms without Commissioner approval and must notify probation and parole officers if another resident possesses a firearm (regs 19T, 19X). Seek Commissioner approval in writing where relevant.

Recordkeeping and monitoring

Attendance and time logs: Supervisors should record start and finish times, travel time, rest and meal breaks, and any reasons for interruption. This documentation supports accounting under regs 19K-19M.
Test logs and custody forms: Every sample collection should be logged with time, officer name, sampler qualification, witness where required and chain‑of‑custody entries. Ensure blood samples are taken by health practitioners or trained phlebotomists and analysed by pathologists as required (reg 18).
Notification and communication procedures: On seizure of mail, the General Manager must inform the prisoner that the mail or item has been seized and will be dealt with under section 158 of the Act (reg 22). Systems should ensure such notifications occur and are logged.

Policy and legal review

Periodic legal compliance checks: Review policies to ensure alignment with current versions of the Regulations and the Act, and track amendments referenced in the Endnotes. Coordinate with legal counsel when drafting notices of suspension of participation (reg 19J) or when imposing pay reductions and fines to ensure due process and correct application of statutory rates (reg 5-6).
Integration with external agencies: Coordinate with police for breath analyser authorisations and with health providers for sample analysis and certificates. Ensure memoranda of understanding exist where inter‑agency evidence and certification is common.

By systematising training, approvals, recordkeeping, and notification systems in line with the specific requirements and timeframes set by the Regulations, agencies and affected persons can reduce the operational risks identified in the previous section. Regular internal audits against the Regulations’ clauses will help identify gaps such as missing written approvals, expired training, or lapsed award records.

CORRECTIONAL SERVICES REGULATIONS 2014

Plain English Summary

Deep Dive

What it does

Current sections

CORRECTIONAL SERVICES REGULATIONS 2014

Source text: opening excerpt

1 CORRECTIONAL SERVICES REGULATIONS 2014

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply