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4 Privileges that may be withdrawn .................................................... 2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