48Definitions

48 Definitions (1) In this Part— S. 48(1) def. of *Chief prison officer* repealed by No. 16/1991 s. 11(1). S. 48(1) def. of *custodial worker* inserted by No. 28/2025 s. 30(1). ***custodial worker*** means— (c) an escort officer; or (d) a person authorised under section 9A(1) to exercise a function or power of a Governor, a prison officer or an escort officer; S. 48(1) def. of *disciplinary officer* inserted by No. 16/1991 s. 11(1), amended by No. 45/1996 s. 17(Sch. 1 item 32). ***disciplinary officer*** means a prison officer— (a) nominated by the Secretary as a disciplinary officer; or (b) in a class of prison officers nominated by the Secretary as disciplinary officers; ***privilege*** in relation to a prison means any of the privileges determined in accordance with the regulations for that prison; S. 48(1) def. of *prison offence* substituted by No. 28/2025 s. 30(2). ***prison offence*** means— (a) an offence against any of the following provisions of the **Crimes Act 1958** that is committed against a custodial worker on duty or another person employed or engaged to work in a prison while working in the prison— (i) section 15A (causing serious injury intentionally in circumstances of gross violence); (ii) section 15B (causing serious injury recklessly in circumstances of gross violence); (iii) section 16 (causing serious injury intentionally); (iv) section 17 (causing serious injury recklessly); (v) section 18 (causing injury intentionally or recklessly); or (b) a contravention of this Act or the regulations; ***register of offences*** means the register of prison offences established in accordance with the regulations. S. 48(2) inserted by No. 28/2025 s. 30(3). (2) For the purposes of the definition of ***prison offence*** in subsection (1), a custodial worker is on duty if— (a) in the case of a custodial worker who is a Governor, a prison officer or an escort officer—the Governor, prison officer or escort officer is performing a function or exercising a power as a Governor, prison officer or escort officer (as the case may be); and (b) in the case of a custodial worker who is a person authorised under section 9A(1) to exercise a function or power of a Governor, a prison officer or an escort officer—the person is exercising a function or power specified in the instrument of authorisation in accordance with any conditions or limitations specified in that instrument. S. 49 substituted by No. 16/1991 s. 11(2), amended by No. 45/1996 s. 17(Sch. 1 item 33).