Corrections Act 1997

The Act defines key terms in section 3. A prisoner means a person subject to a court order sentencing them to a term of imprisonment, and includes a person who is a dangerous criminal within the meaning of the Dangerous Criminals and High Risk Offenders Act 2021. A detainee means a person, other than a prisoner, who is remanded or otherwise committed to prison by court order. A migration detainee (section 83D) is a person who is not an Australian citizen and is being detained under the Commonwealth Migration Act 1958 but is not otherwise subject to a court order; the Act applies to migration detainees as it applies to detainees with some exceptions. The Director of Corrective Services is a State Service officer appointed by the Governor under section 5 and is responsible to the Secretary for the care, direction and control of prisons, prisoners and detainees (section 6). The Parole Board is established under section 62 and consists of four members: an Australian lawyer of at least seven years standing, a person with experience in sociology, criminology, penology or medicine, a person with knowledge of victim of crime matters and related experience, and a person with police service experience. The non-parole period is defined by reference to sections of the Sentencing Act 1997 or, in default, by section 68(1) which sets it at one-half of the operative sentence. A sex offender prisoner is an adult prisoner whose sentence was imposed wholly or partially for a sexual offence, which is exhaustively defined by reference to specific sections of the Criminal Code, the Classification (Publications, Films and Computer Games) Enforcement Act 1995, the Police Offences Act 1935, the Sex Industry Offences Act 2005, or equivalent interstate offences. An appropriate treatment for a sex offender prisoner means professional intervention to address the underlying causes of offending behaviour. A terrorism-linked prisoner is defined in section 83AA as a prisoner convicted of a terrorism offence or subject to a control order under Commonwealth law. The Act also defines family violence offence by reference to the Family Violence Act 2004. Immediate family of a deceased victim includes a spouse, a person in a significant relationship, parent, guardian, step-parent, child, stepchild, brother, sister, stepbrother or stepsister. An institution and hospital are places approved by the Minister under section 35. Standing orders are made by the Director under section 6(3) for management, security, welfare, protection and discipline. Prison offences are listed in Schedule 1 and include matters ranging from mutiny to making a change of name application without the Director’s consent.

The Corrections Act 1997 directly affects a wide range of individuals and bodies. Primary subjects are prisoners and detainees, including migration detainees, whose rights, duties and treatment are exhaustively regulated by the Act. The Director of Corrective Services bears principal responsibility for the care, direction and control of prisons and for the order and control of prisoners and detainees (section 6). The Secretary of the Department appoints supervisors and honorary probation officers (section 5) and maintains the eligible persons register (section 87A). Correctional officers are appointed under section 5 and include all police officers by virtue of section 5(6); they have powers of search, seizure, arrest, detention and use of force under Parts 3, 4 and 4A. Probation officers supervise prisoners released on parole and may be appointed from interstate under section 5A. State Service corrections employees are non-custodial personnel whose duties are regulated under the Act. The Parole Board (section 62) decides release on parole, sets conditions, revokes parole, and has powers to summon witnesses and require documents (section 63). Victims of violent offences, family violence offences or sexual offences may apply to be listed on the eligible persons register (section 87A) and receive information about the prisoner’s location, transfer, release dates and parole applications (section 87B). Official visitors appointed by the Minister under section 10 visit prisons monthly, investigate complaints, and report to the Director and Minister. Judges, magistrates, the Ombudsman, the Custodial Inspector and persons authorised by the Minister may visit prisons at any reasonable time (section 11). Approved organisations with objects of prisoner welfare and rehabilitation may have members visit prisoners (sections 13-14). Visitors generally must comply with search requirements and provide identification (section 18, 20). Legal practitioners may visit clients in accordance with Director’s procedures (section 16). Police officers may visit prisoners, but prisoners may refuse visits and are not required to answer questions (section 17). Health officials, including the Chief Psychiatrist, may disclose critical health information about a prisoner or detainee to the Director for treatment, care and rehabilitation purposes (section 87C). The Crown and correctional officers are protected from liability in certain contexts, such as use of detector dogs (section 22A(8)) and consent for prisoner business activities (section 34AB(5)). Family members of prisoners may be affected by leave permits (section 42) and the right of a child to live with a prisoner parent (section 25). Interstate correctional officers and probation officers may be temporarily appointed under section 5A. The Commissioner of Police receives notification before the Board considers parole (section 72(1A)). The Tasmanian Civil and Administrative Tribunal hears appeals against directions to remove prisoners to secure mental health units (section 36B).

The Act imposes a set of statutory duties on the Director, correctional officers, and others, and confers specific rights on prisoners and detainees. Section 6 places the Director under a duty to be responsible for the care and direction of all prisons, prisoners and detainees, and to maintain order and control. The Director must make standing orders for management and security of prisons and for welfare, protection and discipline. Under section 34A, the Director must ensure that use of force is always a last resort and in accordance with Part 4A, and must make standing orders or an operating procedure on use of force. The Director must keep records of any use of force that causes injury or death (section 34F). Under section 31, if satisfied appropriate treatment is available for a sex offender prisoner, the Director must give the prisoner a reasonable opportunity to participate, inform them of consequences for remission and parole, monitor participation, and provide assessments to the Board. Section 34E requires the Director to ensure a prisoner or detainee affected by use of force is examined as soon as practicable. Prisoners and detainees have enumerated rights under section 29: the right to at least one hour of open air daily (if facilities suitable); adequate food and special dietary food for medical, religious or vegetarian reasons; suitable clothing; medical and dental care; access to religious practice; at least one visit per week for prisoners (30 minutes minimum) and three visits per week for detainees; uncensored correspondence with the Minister, Director, official visitor, Ombudsman, Custodial Inspector; uncensored letters to others, subject to the Director’s power to stop letters that threaten prison security or are threatening or harassing; the right to advise next of kin of imprisonment; access to legal advice or legal aid; and information about rules and conditions. Section 28 gives the Director power to order random testing and searching for alcohol, drugs and controlled substances, and a prisoner or detainee must comply. Section 30 allows the Director to require testing for HIV or other blood-borne diseases on admission and at regular intervals; refusal triggers counselling. Prisoners must comply with work directions (section 33) and may be paid (section 34). Detainees may volunteer to work. Prisoners must not conduct a business in or from prison without the Director’s consent (section 34AB) and must not make a change of name application without consent (section 34AC). Correctional officers may use necessary and reasonable force under section 34B for specified purposes, but only if they believe the purpose cannot be achieved otherwise, and must give clear warning and use no more force than necessary (section 34C). Mechanical restraints may be used only in accordance with standing orders and for limited purposes, not for punishment (section 34I). Visitors must submit to formal searches (section 20), provide prescribed information (section 18), and obey orders of the Director (sections 15, 19). The Parole Board must notify the Commissioner of Police at least seven days before considering release (section 72(1A)) and must request a search of the eligible persons register (section 72(2A)). The Board must consider a range of factors in deciding parole, including likelihood of re-offending, protection of the public, rehabilitation, court remarks, behaviour in prison and mental health unit, and any victim statements (section 72(4)). For terrorism-linked prisoners or those who have promoted a terrorist act, the Board must not release unless exceptional circumstances exist (section 83AB) and must revoke parole if the release would not be permitted (section 83AC). The Secretary must keep the eligible persons register (section 87A) and may release information to registered victims (section 87B).

The Act creates numerous offences and provides for disciplinary sanctions within the prison system. Prison offences are listed exhaustively in Schedule 1, comprising 37 categories ranging from mutiny, assault, riotous behaviour, damaging property, trafficking, possessing unauthorised articles, to impeding a detector dog (offence 35B) and conducting a business without consent (offence 35C). Attempting a prison offence is itself an offence (offence 37). A prisoner or detainee who commits a prison offence is liable to penalties under section 61, which include withdrawal of privileges for up to 90 days for contact visits and 30 days otherwise, separation for up to 30 days, deduction from prison allowance to repair damage or recover cost of lost State property, and loss of remission. The disciplinary process under section 59 involves a written report to a disciplinary officer, an investigation, and an opportunity for the prisoner or detainee to explain. If satisfied the offence is trivial, the officer may take no action. Otherwise, the officer may reprimand, withdraw privileges for less than 14 days, confine to cell for up to 48 hours, charge the prisoner with the prison offence, or take steps to have the matter dealt with under criminal law. A formal charge is heard by a different disciplinary officer; the hearing must be within 14 days or the complaint lapses. The prisoner may be present and respond but has no right to legal representation. Appeals lie to the Director within three days (section 60). Beyond prison discipline, the Act imposes criminal penalties for specific conduct: breach of confidentiality (section 8(2)) carries a fine not exceeding 5 penalty units; failing to surrender prison service equipment, firearms, or identification within prescribed periods (section 8A) attracts a fine of up to 20 penalty units or imprisonment for 3 months; disobeying a Director’s order about visits (section 12) is a fine not exceeding 5 penalty units; exclusion order breach (section 15) is a fine not exceeding 10 penalty units; giving false information to a correctional officer (section 18) is a fine not exceeding 5 penalty units; disobeying a Director’s order under sections 19, 20 or 22 is a fine not exceeding 5 or 10 penalty units respectively; bringing unauthorised articles into a prison (section 24) is a fine not exceeding 20 penalty units or imprisonment for 12 months, and a correctional officer or State Service corrections employee convicted under that section forfeits office (section 24(5)). Impeding or interfering with a detector dog (section 22A(4)) carries a fine of up to 20 penalty units or imprisonment for 12 months; striking or injuring a detector dog (section 22A(6)) carries the same penalty. A person who fails to comply with a leave permit condition is liable to imprisonment for up to 6 months (section 45). Escape from custody under an interstate leave permit while outside Tasmania or the participating State is an indictable offence with a maximum of 7 years imprisonment, to be served after any existing sentence (section 56). Parole revocation (section 79) leads to liability to serve the remainder of the sentence without credit for the parole period unless the Board otherwise directs. For life prisoners, revocation means liability to imprisonment for the remainder of natural life. Warrants for arrest of parolees may be issued by the Board or its chairperson (sections 79-81). A person who fails to attend before the Board or who insults or misbehaves commits an offence with a penalty of up to 10 penalty units or 6 months imprisonment (section 63).

Section 4A provides that where there is an inconsistency between the Corrections Act 1997 and the Mental Health Act 2013, the Corrections Act prevails to the extent of that inconsistency. This is significant for removal of prisoners to secure mental health units under section 36A, where the Chief Psychiatrist’s satisfaction is required except if the Secretary of the responsible Department for the Mental Health Act agrees to override that opinion after review (section 36A(4)-(5)). While a prisoner is in a secure mental health unit, the prisoner is not in the legal custody of the Director but is in the custody of the controlling authority under the Mental Health Act (section 40(1A)). The definition of Chief Psychiatrist and secure mental health unit come from the Mental Health Act. The Act also interacts extensively with the Sentencing Act 1997. The concept of non-parole period in section 3 incorporates references to sections 17 and 18 of the Sentencing Act. Eligibility for parole is governed by section 69, which refers to court orders or statutory ineligibility under those sections. Sentences imposed under the Sentencing Act may affect parole calculations under sections 70 and 71. The Act also cross-references the Dangerous Criminals and High Risk Offenders Act 2021: a prisoner includes a dangerous criminal under that Act; section 69(2) provides that a prisoner subject to a declaration under that Act is not eligible for parole until the declaration is discharged. The definition of family violence offence comes from the Family Violence Act 2004, and the Board must consider whether a prisoner has been declared a serial family violence perpetrator (section 72(4)(ba)). The eligible persons register under section 87A includes victims of violent offence, family violence offence or sexual offence and also covers adult forensic patients under the Mental Health Act subject to restriction orders, family violence orders or supervision orders. The family violence order definition is drawn from the Family Violence Act 2004. The sexual offence definition for the register adopts the meaning from the Evidence Act 2001. The Act interfaces with the Youth Justice Act 1997 through section 83C: if a prisoner serves a sentence in a prescribed detention centre, section 146A(3) of the Youth Justice Act applies; if a youth under a detention order serves time in a prescribed prison, the Corrections Act applies as if the person were a prisoner unless the Director determines the Youth Justice Act applies. Section 83D treats migration detainees as detainees under the Act, but paragraphs (c), (d), (e), (f) and (g) of section 42(1) (leave permit purposes relating to employment, education, community work, cultural events, rehabilitation) do not apply to them. The Act also references the Poisons Act 1971 (definition of Poisons List), the Births, Deaths and Marriages Registration Act 1999 (change of name provisions in section 34AC, which prevail over that Act), the Tasmanian Health Organisations Act 2011 (health official definition), the Personal Information Protection Act 2004 (disclosure of health information under section 87C overrides that Act), the State Service Act 2000 (obligation to comply with standing orders is a conduct requirement under section 9 of that Act), the Relationships Act 2003 (significant relationship), and the Child Safety Reform Implementation Monitor Act 2024 (disclosure to Implementation Monitor permitted). Interstate arrangements under Part 6 require a corresponding law in another State to be declared by the Governor. The Royal prerogative of mercy is preserved (section 89).

The Act has been amended numerous times since its enactment. The text of the Act as provided includes marginal notes indicating amendment by various Acts. Key amendments include: No. 25 of 2002 (amended definitions of immediate family, non-parole period, supervisor, victim; inserted provisions on victim notification for parole); No. 86 of 2000 (amended appointment of Director, State Service references); No. 72 of 2005 (inserted sections 36A and 36B on removal to secure mental health units, amended section 36, 39, 40, 83BA); No. 76 of 2009 (inserted sections 87A, 87B on eligible persons register and release of information); No. 37 of 2013 (inserted Parts 4A and 4B on use of force and mechanical restraints; amended definitions of prisoner, State Service corrections employee; amended sections on official visitors, children, work, prison offences); No. 69 of 2013 (amended definitions of Chief Psychiatrist, secure mental health unit; inserted section 4A on inconsistency with Mental Health Act; amended sections on secure mental health unit removal, appeals, and related provisions); No. 3 of 2016 (inserted definitions of appropriate treatment, sex offender prisoner, sexual offence; amended section 72 on parole considerations for sex offenders); No. 52 of 2016 (inserted sections 5 on migration detainee definition, 8A on surrender of equipment, 22A on detector dogs, 34AA-34AC on hire of equipment, business activities, change of name; amended sections on searches, seizure, use of force, leave permits); No. 30 of 2016 (inserted definitions of Custodial Inspector, officer of the Inspector; amended sections on confidentiality, official visitors, rights of prisoners); No. 14 of 2018 (inserted Division 2A on parole for terrorism-linked prisoners, sections 83AA-83AE; amended section 72 to require notification of Police Commissioner); No. 27 of 2018 (amended composition of Parole Board to include a police member); No. 32 of 2019 (substituted section 86 on remissions, amended section 87 on special management days, amended regulations); No. 23 of 2020 (inserted electronic monitoring conditions in section 72(5A)); No. 21 of 2022 (inserted definition of family violence offence; amended section 72(4) to include consideration of whether prisoner declared serial family violence perpetrator); No. 10 of 2023 (amended section 71 on multiple non-parole periods); No. 4 of 2023 (amended references to Chief Psychiatrist in sections 36A, 36B); No. 2 of 2023 (amended definition of sexual offence to include updated Criminal Code sections); No. 17 of 2024 (further amendment to sexual offence definition); No. 17 of 2025 (amended section 68(2) and 69(2) to reference Dangerous Criminals and High Risk Offenders Act 2021). The Act also incorporates transitional provisions for amendments made by the Terrorism (Restrictions on Bail and Parole) Act 2018 (section 92A) and the Corrections Amendment (Prisoner Remission) Act 2019 (section 92B). Schedule 4 originally saved provisions from the former Prison Act, Parole Act and Probation of Offenders Act.

The Act itself does not cite any decided cases, and no case names appear in the provided text. However, the Act creates several internal review and appeal mechanisms. Under section 60, a prisoner or detainee may appeal to the Director against a disciplinary officer’s decision within three days. Section 36B provides a right of appeal to the Tasmanian Civil and Administrative Tribunal (the Tribunal) against a failure to make a direction to remove a prisoner to a secure mental health unit (if the prisoner requested it) or against a requirement of the Chief Psychiatrist to remove the prisoner from such a unit. The appeal must be heard and determined within seven days. The Tasmanian Civil and Administrative Tribunal Act 2020 applies to the hearing. The Parole Board’s decisions may potentially be subject to judicial review under general administrative law principles, but the Act does not expressly provide for court appeals from parole decisions. Section 65 provides for judicial notice of Board signatures and documents. Section 84 establishes a rebuttable presumption that a person dealt with as a prisoner or detainee is such, with the onus on the other party. Section 85 provides that a warrant of commitment is not void due to a formal defect. The Act also contemplates proceedings before courts of summary jurisdiction for offences such as escape under section 55(2) and arrests under warrant. The eligible persons register and release of information provisions (sections 87A-87B) may give rise to review of the Secretary’s decisions. The protection from liability for members of the Board, the secretary and State Service employees under section 67 covers acts or omissions in good faith. Similar protection exists for the Crown and others in relation to detector dogs (section 22A(8)) and business activity consents (section 34AB(5)). There are no specific ouster clauses, so the general supervisory jurisdiction of the Supreme Court of Tasmania would apply to decisions made under the Act. The Act’s extensive amendment history suggests that legislative responses to court decisions may have occurred, but the provided text does not mention any such cases. Practitioners should note that the Act’s interaction with the Sentencing Act 1997 and the Dangerous Criminals and High Risk Offenders Act 2021 may generate litigation on parole eligibility and non-parole period calculations, particularly after the amendments made by the Corrections Amendment Act 2022 (No. 10 of 2023) to section 71.

The Act contains several provisions that could catch practitioners off guard. Section 8A imposes strict obligations on correctional officers and State Service corrections employees who cease employment: they must surrender firearms and ammunition within 24 hours, and all items of identification, equipment, clothing and insignia within 7 days (subject to standing orders allowing retention of some items). Failure is a criminal offence with a penalty of 20 penalty units or 3 months imprisonment. The Director can obtain a warrant to search and seize. Practitioners advising former staff must ensure compliance immediately on cessation. Section 34AC prohibits a prisoner or detainee from making a change of name application without the Director’s specific consent. The Director may consider factors such as risk of disguise or evasion, victim reaction, and prior alias history. If a prisoner succeeds in changing a name without consent, the Director may apply to the Registrar to cancel the entry, and the Tasmanian Register must comply unless prevented by court order. This section prevails over the Births, Deaths and Marriages Registration Act 1999. Section 34AB prohibits prisoners from conducting a business in or from prison without the Director’s consent. The Director may withdraw consent at any time in his or her absolute discretion, and no liability attaches to the Director or the Crown for any consent given in good faith. This means a prisoner who starts a business may have it shut down without compensation. Section 22A creates offences for impeding or interfering with a detector dog (20 penalty units or 12 months imprisonment) or striking, injuring, maiming or killing a detector dog (same penalty). These offences apply regardless of whether the interference occurs during a search or before/after, and no lawful excuse provisions may be narrow. Section 24(5) provides that a correctional officer or State Service corrections employee convicted of bringing unauthorised articles into a prison forfeits their office in addition to any other penalty. Section 45(2) requires a person on leave permit to carry a copy of the permit and any variation notice at all times while away from prison; failure is an offence with imprisonment up to 6 months. Section 42(6) limits leave permits to a maximum of 60 days from granting, with no single absence longer than one week. Section 59(12) denies legal representation at disciplinary hearings; a prisoner or detainee must appear personally. Section 61 allows separation from other prisoners for up to 30 days as a disciplinary penalty. Section 72(9) allows the Board to withhold reasons for refusing parole from the prisoner if it is in the interest of the prisoner, any other person or the public. Section 79(3) provides that a parole order is automatically revoked if a prisoner is sentenced to imprisonment for an offence committed during parole, regardless of when the conviction occurs, even if the parole period had expired at the time of conviction. The only exception is if the whole of the new sentence is suspended. Section 86 on remissions has a complex transitional scheme: remission may only be granted to prisoners whose sentence was imposed before the commencement day of the 2019 amendments (or where at least one of multiple sentences was imposed before that day), and remission cannot reduce imprisonment by more than 3 months for sentences imposed after 1 January 1994. Section 87 special management days are a separate mechanism for good behaviour during disruptions. Section 83AB imposes a mandatory bar on parole for terrorism-linked prisoners or those who have promoted a terrorist act, with an exception only for exceptional circumstances. The definition of promoting a terrorist act in section 83AA is very broad, covering engaging, inciting, making statements supporting, carrying out activities supporting, or advocating support for a terrorist act, whether occurring inside or outside Australia, before or after commencement of the division. Section 83AC requires mandatory revocation of parole if the Board is satisfied that the prisoner would not be released. Section 83AD allows police to arrest a parolee without warrant if they have reasonable grounds to believe the prisoner has become a terrorism-linked prisoner or promoted a terrorist act after release. Section 34I(6) explicitly states a mechanical restraint must not be used for punishment.

Compliance with the Corrections Act 1997 depends on the person’s role. For the Director, compliance involves making and maintaining standing orders under section 6(3) for management, security, welfare and discipline, as well as operating procedures for use of force (section 34A(2)) and mechanical restraints (section 34H). The Director must ensure force is a last resort and proportionate, keep records of force incidents and provide them to the Coordinator of Official Visitors (section 34F). The Director must give sex offender prisoners a reasonable opportunity to participate in appropriate treatment under section 31 and must provide assessments to the Parole Board. The Director must also ensure that leave permits are properly documented and that copies are given to the permit holder and custodian (section 42(7)), revocations are notified (section 43(2)), and alterations are notified (section 44(2)). The Director must comply with court orders to bring prisoners before courts (section 37) and must notify the Tribunal when a prisoner is moved to a secure mental health unit (section 36A(10)). For correctional officers and State Service corrections employees, compliance requires adherence to standing orders (section 6(4)-(5)), which are conduct requirements under the State Service Act 2000. Officers carrying out searches under sections 20, 22 and 22A must follow the statutory procedures: formal searches for drugs, weapons or metal articles; random searches permitted for security; use of detector dogs allowed with a handler; searches of female visitors must be conducted by female officers in the presence of females only (section 22(4)). Force must only be used as a last resort, with clear warning (unless urgent), and no more force than necessary (sections 34B-34C). Restraints and weapons must be used only by trained officers and in accordance with standing orders; potentially lethal force is restricted to situations likely to cause death or serious injury (section 34D). Officers must immediately report the use of force to the Director (section 21(2) for removal of visitors; section 34F requires the Director to keep records). Officers must also comply with the obligation to surrender equipment on cessation (section 8A). Visitors to prisons must comply with procedures determined by the Director (section 12), submit to formal searches if asked (section 20), and provide proof of identity and prescribed information (section 18). Visitors must not disobey orders of the Director or correctional officers. Legal practitioners must follow procedures (section 16). Police visitors must respect a prisoner’s right to refuse a visit and not to answer questions (section 17). The Parole Board must comply with its statutory procedures: notify the Commissioner of Police at least 7 days before considering release (section 72(1A)); request search of eligible persons register (section 72(2A)); consider all mandatory factors (section 72(4)); publish reasons for release and provide copies to victims who submitted statements (section 72(7)); not release terrorism-linked prisoners unless exceptional circumstances (section 83AB); and revoke parole in mandatory circumstances (sections 83AC-83AD). The Board must also ensure that a quorum of three members is present (Schedule 2, clause 11) and that minutes are kept (clause 12). The Secretary must keep the eligible persons register (section 87A) and notify victims when parole is being considered (section 72(2B)). Victims seeking registration must apply in the approved form with proof of identity (section 87A(3)). Health officials disclosing information under section 87C should first seek the prisoner’s agreement where practicable, but may disclose without it. Prisoners and detainees must comply with work directions (section 33), submit to testing and searching (section 28), and not commit prison offences (section 58). They must not conduct businesses or change names without consent. They must comply with leave permit conditions. Practitioners advising prisoners or the Department should pay close attention to the regulations made under section 90, which supplement the Act’s provisions on management, discipline, remissions and special management days. Standing orders also carry legal force and are incorporated by reference into regulations (section 90(3)). Compliance is best achieved through thorough knowledge of the Act, regulations, standing orders, and any operating procedures issued by the Director.