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Corrections Management Act 2007
44Treatment of convicted and non-convicted detainees
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44 Treatment of convicted and non-convicted detainees
(1) Without limiting section 14 (Corrections policies and operating
operating procedure providing for different treatment of convicted
detainees and non-convicted detainees.
a corrections policy or operating procedure, in accordance with the following rules
of the United Nations Standard Minimum Rules for the Treatment of Prisoners, for
non-convicted detainees to be able to—
• procure food at own expense (r 87)
• be offered work but not be obliged to work (r 89)
• procure reading and writing material at own expense (r 90)
• visit and be treated by own doctor at own expense (r 91)
(2) The director-general must also ensure that convicted detainees are
accommodated separately from non-convicted detainees.
(3) For chapter 10 (Discipline)—
(a) a detainee’s entitlement in relation to treatment in detention
includes anything expressed to be an entitlement in a corrections
policy or operating procedure made for subsection (1); and
(b) subsection (2) is taken to provide an entitlement for each
detainee in relation to accommodation.
(4) Despite subsection (2), the director-general may give directions for
different accommodation of a non-convicted detainee if the
director-general is satisfied that it is reasonably necessary to do so—
(a) to protect the safety of the detainee or anyone else; or
(b) in the best interests of the detainee.
convicted detainee means a detainee whose detention is because of
the detainee’s conviction of an offence.