Corrections Management Regulation 2010 (ACT)

The Corrections Management Regulation 2010 prescribes the operational detail of the compensation and injury-management scheme for detainees and offenders under the Corrections Management Act 2007. Part 2 sets out a statutory compensation regime for physical and mental injuries that “arise out of, or in the course of” detention or specified community service work (s 8). The Schedule 1 table specifies percentage awards of the single loss amount for listed losses (Schedule 1, items 1-52). The regulation ties key monetary benchmarks to the Workers Compensation Act 1951 concepts: “single loss amount” and “maximum loss amount” are defined by reference to that Act (s 6). The regulation also prescribes procedural machinery: injury registers and notices (ss 29-31), medical assessment standards and specialist assessment processes (ss 38-40), personal injury plans and vocational rehabilitation obligations (ss 32-34), claims timing rules (s 37), dispute resolution via ACAT and use of medical referees (ss 41-45), reimbursement rules for medical and related costs (ss 23-24) and death benefits (ss 25-26).

Operationally the regulation allocates payment liability to the Territory (s 8(1) and s 23), prescribes the information flows (injury notice to director-general, ACT Insurance Authority, centre doctor and treating doctor, s 30(4)), and sets exclusions (self-inflicted injuries, serious and wilful misconduct, s 27; HIV/AIDs contracted during voluntary sexual activity or illicit drug use, s 17). It also prescribes injury management duties for the director-general, including establishing and giving effect to personal injury plans for “significant injury” (ss 28, 32-33). For certain procedural offences, such as interfering with the register, the regulation prescribes a strict liability offence (s 29(4)) with a maximum penalty of 20 penalty units; penalty unit values are set in the republication preface (at the republication date $160 for an individual and $810 for a corporation).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Corrections Management Regulation 2010 SL2010-52 made under the Corrections Management Act 2007 Republication No 6 Effective: 6 December 2025 Republication date: 6 December 2025 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Corrections Management Regulation 2010, made under the Corrections Management Act 2007 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 6 December 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 6 December 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R6 06/12/25 Corrections Management Regulation 2010 Effective: 06/12/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Corrections Management Regulation 2010 made under the Corrections Management Act 2007 Contents Page Part 1 Preliminary 1 Name of regulation 2 3 Dictionary 2 4 Notes 2 5 Offences against regulation—application of Criminal Code etc 3 Part 2 Compensation and injury management for detainees etc—Act, s 220 (2) Division 2.1 Preliminary 6 Definitions—pt 2 4

Contents Page contents 2 Corrections Management Regulation 2010 Effective: 06/12/25 R6 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 7 Meaning of injury—pt 2 5 Division 2.2 Entitlement to compensation 8 General entitlement to compensation for injury 5 Division 2.3 Compensation for loss 9 Compensation for loss generally 6 10 Compensation for 2 or more losses 7 11 Compensation and left-handedness 7 12 Compensation for combination of items 8 13 Compensation for only arm, leg, hand or foot 8 14 Compensation for loss of sexual organs 8 15 Loss of bowel function 9 16 Proportionate loss of use 9 17 Special provisions for HIV/AIDS 9 18 Deduction for previous injury or pre-existing condition 10 19 Further loss and deductible proportions 11 20 Loss of hearing because of age 11 21 No compensation for less than 6% hearing loss 11 22 Limited entitlement if death happens within 3 months 13 Division 2.4 Compensation for medical treatment, damage and other costs 23 Liability for medical treatment etc 14 24 Reimbursement for costs of medical certificate and examination 15 Division 2.5 Compensation for death 25 Death benefits 15 26 Payment to public trustee and guardian of lump sum death benefits 16 Division 2.6 Exceptions to entitlements to compensation 27 When is compensation generally not payable? 17 Division 2.7 Injury management process Subdivision 2.7.1 Preliminary 28 Definitions—div 2.7 18 Subdivision 2.7.2 General obligations 29 Register of injuries 18 30 Injury notice 19 31 Liability not affected 20

Contents Page R6 06/12/25 Corrections Management Regulation 2010 Effective: 06/12/25 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Subdivision 2.7.3 Obligations in relation to personal injury plans 32 Personal injury plan for injured person with significant injury 20 33 Vocational rehabilitation 21 34 Injured person’s personal injury plan obligations 21 Subdivision 2.7.4 Compensation and common law damages 35 No compensation if damages received 21 Division 2.8 Making a claim for compensation 36 Making a claim 22 37 Time for making claim 23 38 Medical assessment 23 39 Assessment by medical specialist—request by other than nominated treating doctor 23 40 Specialist’s report about assessment 24 Division 2.9 Resolving compensation disputes 41 Application to ACAT 25 42 Medical referees 25 43 Only 1 medical referee for application 25 44 Medical referee to review medical evidence etc 26 45 Medical referee’s report 26 Part 3 Miscellaneous 46 Information about entitlements and obligations—Act, s 66 (1) (f) 27 47 Case management plans—scope etc—Act, s 78 (3) (h) 27 48 Meaning of disciplinary breach—Act, s 152 (y) 27 49 Reparation—Act, s 185 (3) (b) 28 50 Prescribed entities—Act, s 222 (3) (f) 28 51 Approved dogs—Act, dict, def corrections dog 30

Contents Page contents 4 Corrections Management Regulation 2010 Effective: 06/12/25 R6 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Compensation for loss 31 Dictionary 35 Endnotes 1 About the endnotes 37 2 Abbreviation key 37 3 Legislation history 38 4 Amendment history 39 5 Earlier republications 41

R6 06/12/25 Corrections Management Regulation 2010 Effective: 06/12/25 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Corrections Management Regulation 2010 made under the Corrections Management Act 2007

Part 1 Preliminary Section 1 page 2 Corrections Management Regulation 2010 Effective: 06/12/25 R6 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of regulation This regulation is the Corrections Management Regulation 2010. 3 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation. For example, the signpost definition ‘compensable injury, for part 2 (Compensation and injury management for detainees etc—Act, s 220 (2))—see section 6.’ means that the term ‘compensable injury’ is defined in that section for part 2. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1 Section 5 R6 06/12/25 Corrections Management Regulation 2010 Effective: 06/12/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Offences against regulation—application of Criminal Code etc Other legislation applies in relation to offences against this regulation. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Compensation and injury management for detainees etc—Act, s 220 (2) Division 2.1 Preliminary Section 6 page 4 Corrections Management Regulation 2010 Effective: 06/12/25 R6 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Compensation and injury management for detainees etc— Act, s 220 (2) Division 2.1 Preliminary 6 Definitions—pt 2 In this part: compensable injury means an injury in relation to which compensation is payable under this part. injured person means a person who suffers a compensable injury. loss, in relation to a thing— (a) means— (i) the loss of the thing; or (ii) the permanent loss of the use, or efficient use, of the thing; and (b) includes the following: (i) permanent musculoskeletal impairment, or another permanent impairment; (ii) a loss, damage, impairment, disfigurement or disease mentioned in schedule 1 (Compensation for loss). maximum loss amount means the amount that would be the maximum loss amount under the Workers Compensation Act 1951, section 50 if compensation were payable for the compensable injury under that Act. rehabilitation services includes training and retraining services.

Compensation and injury management for detainees etc—Act, s 220 (2) Part 2 Entitlement to compensation Division 2.2 Section 7 R6 06/12/25 Corrections Management Regulation 2010 Effective: 06/12/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au single loss amount means the amount that would be the single loss amount under the Workers Compensation Act 1951, section 49 if compensation were payable for the compensable injury under that Act. 7 Meaning of injury—pt 2 (1) In this part: injury means a physical or mental injury (including stress), and includes aggravation, acceleration or recurrence of a pre-existing injury. (2) In this section: mental injury (including stress) does not include a mental injury (including stress) completely or mostly caused by reasonable action taken, or proposed to be taken, by the director-general, or a corrections officer, in relation to the discipline of a detainee or offender. Division 2.2 Entitlement to compensation 8 General entitlement to compensation for injury (1) The Territory is liable to pay compensation under this part if— (a) a detainee suffers an injury that arises out of, or in the course of, the detainee’s detention; or (b) an offender— (i) has been directed to do community service work under the Crimes (Sentence Administration) Act 2005, section 91; and (ii) suffers an injury that arises out of, or in the course of, the work.

Part 2 Compensation and injury management for detainees etc—Act, s 220 (2) Division 2.3 Compensation for loss Section 9 page 6 Corrections Management Regulation 2010 Effective: 06/12/25 R6 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) However, if the injury is caused by a disease, the injury is taken to have arisen out of, or in the course of, the detainee’s detention or the offender’s work only if the detention or work substantially contributes to the injury. (3) Also, an injury suffered by a detainee or offender partly or completely because the detainee or offender had any of the following pre-existing conditions is taken to have arisen out of, or in the course of, the detainee’s detention or the offender’s work only if the detention or work substantially contributes to the injury: (a) diseased heart valve; (b) coronary artery disease; (c) aortic aneurism; (d) cerebral aneurism. Division 2.3 Compensation for loss 9 Compensation for loss generally (1) An injured person who has suffered a loss mentioned in an item of schedule 1 as the result of a compensable injury is entitled to receive from the Territory, as compensation for the loss, the percentage of the single loss amount mentioned in that item. (2) For this section, the loss is to be worked out when the last of the following happens: (a) the Territory became liable to pay compensation; (b) it is unlikely that there will be an improvement or further improvement in the use, or efficient use, of the injured part of the body.

Compensation and injury management for detainees etc—Act, s 220 (2) Part 2 Compensation for loss Division 2.3 Section 10 R6 06/12/25 Corrections Management Regulation 2010 Effective: 06/12/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) If a payment of compensation under this part has been made in relation to a compensable injury, nothing prevents a further payment of compensation under this part from being made in relation to the same injury if there is an increase in the loss of the efficient use of the injured part of the body. Example—loss of efficient use of injured part of body a loss, or further loss, of sight in an injured eye 10 Compensation for 2 or more losses An injured person who has suffered 2 or more losses mentioned in schedule 1 (Compensation for loss) because of a compensable injury is not entitled to receive as compensation under this part more than the maximum loss amount for the losses. 11 Compensation and left-handedness If an injured person’s left arm or hand is the person’s dominant limb, in working out the loss for the person— (a) the loss of the person’s left arm, left hand or fingers of left hand is to be compensated as if it is the loss of the person’s right arm, right hand or fingers of right hand; and (b) the loss of the person’s right arm, right hand or fingers of right hand is to be compensated as if it is the loss of the person’s left arm, left hand or fingers of left hand.

Part 2 Compensation and injury management for detainees etc—Act, s 220 (2) Division 2.3 Compensation for loss Section 12 page 8 Corrections Management Regulation 2010 Effective: 06/12/25 R6 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 12 Compensation for combination of items If a loss (other than the impairment of the back, neck or pelvis) may be compensated by a combination of items in schedule 1 (Compensation for loss) or by a proportionate loss of a single item, the loss is to be compensated by a proportionate loss of the single item. Examples 1 Loss of 2 or more fingers is compensated as a proportionate loss of the hand. 2 Loss of a hand includes the loss of the thumb and other fingers of the hand and is compensated as a loss, or proportionate loss, of the hand. 3 Loss of an arm at or above the elbow includes the loss of the arm below the elbow and loss of the hand and is compensated as a loss, or a proportionate loss, of the arm at or above the elbow. 4 Loss of a leg at or above the knee includes the loss of the leg below the knee and loss of the foot and is compensated as a loss, or a proportionate loss, of the leg at or above the knee. 5 Loss of a leg below the knee includes the loss of the foot and is to be compensated as a loss, or a proportionate loss, of the leg below the knee. 13 Compensation for only arm, leg, hand or foot Loss of an only arm, leg, hand or foot is treated under schedule 1 as the loss of both arms, legs, hands or feet. 14 Compensation for loss of sexual organs The following percentages of the single loss amount are payable for the loss of sexual organs (subject to the maximum percentage of 47% and without limiting compensation for the loss of another sexual organ): (a) the percentage payable for loss of the penis is 47%; (b) the percentage payable for loss of 1 testicle is 10%; (c) the percentage payable for loss of 2 testicles or an only testicle is 47%.

Compensation and injury management for detainees etc—Act, s 220 (2) Part 2 Compensation for loss Division 2.3 Section 15 R6 06/12/25 Corrections Management Regulation 2010 Effective: 06/12/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 15 Loss of bowel function To work out whether and to what extent an injured person has suffered permanent loss of bowel function— (a) the bowel is taken to include the anal sphincter; and (b) permanent ileostomy and permanent colostomy are each taken to constitute permanent loss of bowel function for which the maximum percentage is payable. 16 Proportionate loss of use (1) If a loss suffered by an injured person consists of the loss of a proportion, but not all, of a thing mentioned in schedule 1 (Compensation for loss), a percentage of the compensation payable for the total loss of the thing equal to the percentage lost by the person is payable as compensation under section 9 (Compensation for loss generally). Note This section does not apply to a loss that is HIV infection or AIDS (see s 17). (2) In working out the extent of the loss of the thing, the extent to which the loss, or the effect of the loss, may be reduced or limited by an external removable aid or appliance is not to be taken into account. (3) The amount of compensation payable for a particular case must, unless decided by agreement, be worked out by conciliation or arbitration under this part. 17 Special provisions for HIV/AIDS (1) Compensation is not payable under section 9 (Compensation for loss generally) for a loss that is related to HIV infection or AIDS if the HIV or AIDS was contracted during voluntary sexual activity or illicit drug use. (2) Section 16 does not apply to a loss that is HIV infection or AIDS.

Part 2 Compensation and injury management for detainees etc—Act, s 220 (2) Division 2.3 Compensation for loss Section 18 page 10 Corrections Management Regulation 2010 Effective: 06/12/25 R6 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) In this section: AIDS means Acquired Immune Deficiency Syndrome. HIV infection means an infection by the Human Immunodeficiency Virus. 18 Deduction for previous injury or pre-existing condition (1) In working out the compensation payable under this part for a loss (the initial loss), an amount must be deducted from the compensation (the deductible proportion) for any proportion of the loss attributable to— (a) a previous injury (whether or not it is an injury for which compensation has been paid, or is payable, under this part); or (b) a pre-existing condition or abnormality. (2) In subsection (1), it does not matter whether the initial loss is a total or partial loss. (3) If there is a deductible proportion for a loss but the extent of the deductible proportion (or a part of it) will be difficult or costly to work out, it is to be assumed that the deductible proportion for the loss (or the relevant part of the loss) is 10% of the loss, unless this assumption is contrary to the available evidence. Example If this subsection requires it to be assumed that the deductible proportion in relation to a particular loss is 10% and the loss is 30% of the loss of the use of the right arm, the deductible proportion for the loss is 3% (that is, 10% of 30%). (4) However, section 20 must be used to work out how much (if any) of an injured person’s hearing loss is caused by age.

Compensation and injury management for detainees etc—Act, s 220 (2) Part 2 Compensation for loss Division 2.3 Section 19 R6 06/12/25 Corrections Management Regulation 2010 Effective: 06/12/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 19 Further loss and deductible proportions (1) This section applies in working out the compensation payable for a further loss (the further loss) resulting from an initial loss. (2) An amount proportionate to the deductible proportion of the initial loss must be deducted from the compensation payable for the further loss. (3) A deduction under subsection (2) in relation to a further loss is in addition to, not in substitution for, any deductible proportion for the further loss. 20 Loss of hearing because of age (1) This section applies in working out the percentage of the decrease of hearing in relation to boilermakers deafness of an injured person who is the prescribed age or older, but does not apply to total hearing loss in either of the person’s ears. (2) For this part, it is to be conclusively presumed that the injured person’s loss of hearing to be attributed to loss of hearing because of age is 0.5 decibels for each complete year of the person’s age over the prescribed age. (3) In this section: prescribed age means— (a) for a male—55 years old; or (b) for a female—65 years old. 21 No compensation for less than 6% hearing loss (1) An injured person is not entitled to compensation under section 9 (Compensation for loss generally) for a loss of hearing because of boilermakers deafness (the hearing loss) if the person’s total hearing loss is less than 6%.

Part 2 Compensation and injury management for detainees etc—Act, s 220 (2) Division 2.3 Compensation for loss Section 21 page 12 Corrections Management Regulation 2010 Effective: 06/12/25 R6 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) However, the injured person is entitled to compensation for the hearing loss if the total hearing loss reaches 6% or more. Example Assume all hearing losses mentioned in this example are because of boilermakers deafness. An injured person suffers a hearing loss of 3% (the first hearing loss that the person has suffered). No compensation is payable under section 9 for the loss because it is less than 6%, although notice of injury may be given or a claim may be made for the hearing loss. The injured person suffers a further hearing loss of 6%, bringing the total loss to 9%. The total loss has now passed the 6% threshold and compensation is payable for the full 9%. Compensation for the initial 3% hearing loss will be payable for the earlier incident if the person made a claim or gave notice of injury for the initial hearing loss. The injured person suffers a further hearing loss of 6%. The person is entitled in the usual way to compensation for the 6% further loss because the 6% threshold has already been passed (the total loss is now 15%). Note Section 30 (Injury notice) applies to a hearing loss even if it is not immediately compensable because of this section. (3) In working out the percentage hearing loss because of boilermakers deafness, the loss of hearing is to be worked out as a proportionate loss of hearing of both ears, even if the loss is in 1 ear only. (4) A lawyer or agent who acts for an injured person on a claim for compensation for loss of hearing because of boilermakers deafness is not entitled to recover costs from the person or the Territory in relation to the claim if no compensation is payable on the claim because the person’s total hearing loss is less than 6%. (5) In this section: total hearing loss means the total of the present loss and all previous losses of hearing because of boilermakers deafness.

Compensation and injury management for detainees etc—Act, s 220 (2) Part 2 Compensation for loss Division 2.3 Section 22 R6 06/12/25 Corrections Management Regulation 2010 Effective: 06/12/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 22 Limited entitlement if death happens within 3 months (1) This section applies if— (a) an injured person has received a compensable injury; and (b) the person dies within 3 months after receiving the compensable injury because of the compensable injury or another injury received at the same time. (2) The injured person is not entitled to receive compensation for the compensable injury under the following items of schedule 1 (Compensation for loss): (a) item 2 (loss of sense of taste or smell); (b) item 3 (loss of senses of taste and smell); (c) item 41 (loss of sexual organs); (d) item 42 (loss of both breasts); (e) item 43 (loss of 1 breast); (f) item 44 (permanent and total loss of capacity to engage in sexual intercourse); (g) item 49 (severe facial disfigurement); (h) item 50 (severe bodily disfigurement).

Part 2 Compensation and injury management for detainees etc—Act, s 220 (2) Division 2.4 Compensation for medical treatment, damage and other costs Section 23 page 14 Corrections Management Regulation 2010 Effective: 06/12/25 R6 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 2.4 Compensation for medical treatment, damage and other costs 23 Liability for medical treatment etc (1) The Territory is liable to pay— (a) in relation to the cost of medical treatment reasonably received in relation to a compensable injury—an amount of compensation appropriate for the provision of the medical treatment, having regard to the charges customarily made for similar medical treatment where the treatment is received; and (b) in relation to the cost of rehabilitation services received by an injured person in relation to the injury under the person’s personal injury plan—the cost of the services in accordance with the plan; and (c) in relation to any damage to, or loss of, an injured person’s clothing sustained in association with the injury—compensation of a reasonable amount for the repair or replacement of the damaged or lost clothing. Note 1 Rehabilitation services include training and retraining services—see s 6, def rehabilitation services. Note 2 Div 2.7 (Injury management process) deals with personal injury plans. Note 3 The director-general may make a corrections policy in relation to the payment of transport and accommodation expenses associated with treatment (see Act, s 14). (2) This section does not entitle an injured person to claim an amount as compensation for the cost of medical treatment if the Territory has provided the treatment without cost to the person. (3) In this section: personal injury plan—see section 28.

Compensation and injury management for detainees etc—Act, s 220 (2) Part 2 Compensation for death Division 2.5 Section 24 R6 06/12/25 Corrections Management Regulation 2010 Effective: 06/12/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 24 Reimbursement for costs of medical certificate and examination (1) Obtaining a medical certificate, and any examination required for the certificate, is taken to be medical or related treatment for this part if an injured person gives the director-general a copy of the certificate. (2) In this section: medical certificate means a report or certificate, from a doctor, that certifies— (a) that an injured person has suffered a loss mentioned in schedule 1 (Compensation for loss); or (b) the extent of the loss to allow the amount of compensation payable for the loss to be worked out. Division 2.5 Compensation for death 25 Death benefits (1) This section applies to the death of an injured person for which compensation is payable under this part. (2) The dependants of the injured person are entitled to the following: (a) a single lump sum payment to be divided between the dependants equal to the amount that would be payable under the Workers Compensation Act 1951, section 77 (2) (a) if compensation were payable for the death under that Act; (b) for each dependant who is a child—weekly compensation equal to the amount that would be payable under the Workers Compensation Act 1951, section 77 (2) (b) if compensation were payable for the death under that Act;

Part 2 Compensation and injury management for detainees etc—Act, s 220 (2) Division 2.5 Compensation for death Section 26 page 16 Corrections Management Regulation 2010 Effective: 06/12/25 R6 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the funeral expenses of the injured person to a maximum of the amount that would be payable under the Workers Compensation Act 1951, section 77 (2) (c) if compensation were payable for the death under that Act. (3) In working out for this part whether or not a child is, or was, dependent on the earnings of the injured person, any family tax benefit within the meaning of the A New Tax System (Family Assistance) Act 1999 (Cwlth), section 3 (definitions) in relation to the child must be disregarded. (4) A dependant may apply to the ACAT to divide the lump sum payment under subsection (2) (a). (5) On application by a dependant, the ACAT may divide the lump sum payment under subsection (2) (a) between the dependants as the ACAT considers appropriate. (6) Compensation under subsection (2) (b) is payable only while the person receiving it is a child. (7) If the injured person did not have dependants, the personal representative of the person is entitled to a maximum of $4 000 cpi indexed for the funeral expenses of the person. (8) In this section: cpi indexed—see the Workers Compensation Act 1951, section 20. 26 Payment to public trustee and guardian of lump sum death benefits (1) A payment mentioned in section 25 (2) (a) (the lump sum) must be paid to the public trustee and guardian.

Compensation and injury management for detainees etc—Act, s 220 (2) Part 2 Exceptions to entitlements to compensation Division 2.6 Section 27 R6 06/12/25 Corrections Management Regulation 2010 Effective: 06/12/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The public trustee and guardian must, until the lump sum is paid to the person entitled to it, deal with it under the Public Trustee and Guardian Act 1985, section 25 (3) (Payment of money etc to public trustee and guardian on behalf of person under disability) as if the lump sum were money payable as compensation under the Workers Compensation Act 1951. (3) The receipt of the public trustee and guardian is a sufficient discharge for the amount paid in. Division 2.6 Exceptions to entitlements to compensation 27 When is compensation generally not payable? (1) This section applies if, apart from this section, compensation in relation to an injury to an injured person is payable under this part. (2) Compensation is not payable if the injury to, or death of, the injured person is caused by an intentionally self-inflicted injury. (3) Compensation is not payable if it is proved that the injury to the injured person is attributable to the person’s serious and wilful misconduct. (4) In subsection (3), the personal injury received by the injured person is attributable to the serious and wilful misconduct of the person if— (a) at the time of the injury, the person was under the influence of alcohol or another drug, unless the alcohol or other drug did not contribute to the injury or was not consumed or taken voluntarily; or (b) the injury was otherwise attributable to the serious and wilful misconduct of the person. (5) In this section: drug—see the Road Transport (Alcohol and Drugs) Act 1977, dictionary.

Part 2 Compensation and injury management for detainees etc—Act, s 220 (2) Division 2.7 Injury management process Section 28 page 18 Corrections Management Regulation 2010 Effective: 06/12/25 R6 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 2.7 Injury management process Subdivision 2.7.1 Preliminary 28 Definitions—div 2.7 In this division: injury management means a process that consists of activities and procedures that are carried out or established to achieve a timely, safe and durable return to working capacity for injured people. personal injury plan, for an injured person, means a plan for coordinating and managing the aspects of injury management that relate to medical treatment and rehabilitation services for the person to achieve a timely, safe and durable return to working capacity for the person. Subdivision 2.7.2 General obligations 29 Register of injuries (1) The director-general must keep a register of injuries (the register). (2) A corrections officer must, if asked by an injured person, or a person acting on the injured person’s behalf, enter in the register details of an injury received by the injured person. (3) If details of the injury are entered in the register as soon as possible after the injury happens, the entry is taken to be notice of the injury given to the director-general by the injured person for this part. (4) A person must not change, damage, deface, remove or otherwise interfere with the register. Maximum penalty: 20 penalty units. (5) An offence against subsection (4) is a strict liability offence.

Compensation and injury management for detainees etc—Act, s 220 (2) Part 2 Injury management process Division 2.7 Section 30 R6 06/12/25 Corrections Management Regulation 2010 Effective: 06/12/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (6) This section does not prevent the alteration of the register to correct an error of fact. 30 Injury notice (1) An injured person must tell a corrections officer that the person has been injured as soon as possible after being injured. (2) The corrections officer must— (a) help the injured person complete a notice of the injury (an injury notice); or (b) if the injured person is unable to complete an injury notice— complete an injury notice for the injured person. (3) An injury notice must state— (a) the name and address of the injured person; and (b) the cause of the injury (in ordinary language); and (c) the date and time the injury happened; and (d) if the injured person is not a detainee in a correctional centre— the name and address of the person’s treating doctor or, if there is no treating doctor, a doctor who has treated the person for the injury. (4) The injured person must, as soon as possible after the injury notice is completed, give a copy of it to— (a) the director-general; and (b) the ACT Insurance Authority; and (c) if the injured person is a detainee in a correctional centre—the doctor appointed for the correctional centre under the Act, section 21 (Doctors—health service appointments); and

Part 2 Compensation and injury management for detainees etc—Act, s 220 (2) Division 2.7 Injury management process Section 31 page 20 Corrections Management Regulation 2010 Effective: 06/12/25 R6 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) if the injured person is not a detainee in a correctional centre— the person’s treating doctor or, if there is no treating doctor, a doctor who has treated the person for the injury. 31 Liability not affected None of the following things done by the director-general is an admission of liability by the Territory under this part or independently of this part: (a) anything done under or for a personal injury plan; (b) anything done in relation to the assessment of an injured person for rehabilitation services or employment or the provision or arrangement of services or other measures for the rehabilitation or suitable employment of injured people (whether done under a return-to-work program or otherwise). Subdivision 2.7.3 Obligations in relation to personal injury plans 32 Personal injury plan for injured person with significant injury (1) If it appears to the director-general that the injury to an injured person is a significant injury, the director-general must establish a personal injury plan for the person. (2) The personal injury plan must be established in agreement with the director-general and the injured person, to the maximum extent that their cooperation and participation allow. (3) The director-general must give effect to the personal injury plan established for the injured person and, for that purpose, must comply with the obligations imposed on the director-general under the plan.

Compensation and injury management for detainees etc—Act, s 220 (2) Part 2 Injury management process Division 2.7 Section 33 R6 06/12/25 Corrections Management Regulation 2010 Effective: 06/12/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) In this section: significant injury means an injury that is likely to result in the injured person being incapacitated for work for a continuous period of longer than 7 days, whether or not any of those days are business days and whether or not the incapacity is total or partial or a combination of both. 33 Vocational rehabilitation The director-general must ensure, as far as possible, that vocational rehabilitation provided or arranged for an injured person under a personal injury plan is of a kind that may reasonably be thought likely to lead to a real prospect of employment for the injured person. 34 Injured person’s personal injury plan obligations (1) An injured person must take part and cooperate in the establishment of a personal injury plan for the person. (2) The injured person must comply with reasonable obligations imposed on the person under the person’s personal injury plan, including any obligation to receive medical treatment or rehabilitation services. Subdivision 2.7.4 Compensation and common law damages 35 No compensation if damages received (1) Compensation under this part is not payable in relation to an injured person’s injury or death to the extent that, independently of this part, a judgment or agreement for damages (independent damages) has been obtained in relation to the injury or death. (2) If a person receives compensation in relation to an injured person’s injury or death and later receives independent damages in relation to the injury or death, the Territory is entitled to recover from the person the recoverable amount.

Part 2 Compensation and injury management for detainees etc—Act, s 220 (2) Division 2.8 Making a claim for compensation Section 36 page 22 Corrections Management Regulation 2010 Effective: 06/12/25 R6 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) For subsection (2), the recoverable amount is the lesser of the following: (a) the amount of compensation; (b) the amount of the independent damages. (4) If an amount of compensation is paid in relation to a lump sum claim, subsection (3) (a) applies as if the reference to the amount of compensation paid by the Territory included a reference to any legal costs as between party and party that the Territory is liable to pay in relation to the claim. Division 2.8 Making a claim for compensation 36 Making a claim (1) An injured person may claim compensation by completing a claim form (a claim for compensation). (2) The injured person must give the claim for compensation to— (a) the director-general; and (b) the ACT Insurance Authority; and (c) if the injured person is a detainee in a correctional centre—the doctor appointed for the correctional centre under the Act, section 21 (Doctors—health service appointments); and (d) if the injured person is not a detainee in a correctional centre— the person’s treating doctor or, if there is no treating doctor, a doctor who has treated the person for the injury. (3) The claim for compensation must be accompanied by a medical assessment of the injured person. (4) A claim is made on the day the claim for compensation is given to the ACT Insurance Authority.

Compensation and injury management for detainees etc—Act, s 220 (2) Part 2 Making a claim for compensation Division 2.8 Section 37 R6 06/12/25 Corrections Management Regulation 2010 Effective: 06/12/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 37 Time for making claim (1) A claim for compensation in relation to an injury may not be made earlier than 2 years after the injury. (2) However, the claim may be made earlier than 2 years after the injury if— (a) the ACAT allows the claim to be made; or (b) the injury has stabilised. (3) The ACAT may allow the claim to be made earlier than 2 years after the injury only if satisfied that an early application is justified by the severity of the injury or the prospect of the injured person’s imminent death. 38 Medical assessment A medical assessment of an injured person must be carried out using medical guidelines approved under the Workers Compensation Regulation 2002, section 5 (1) (b). 39 Assessment by medical specialist—request by other than nominated treating doctor (1) This section does not apply to a request by an injured person’s treating doctor for a medical assessment of the worker by a medical specialist. (2) The following (the requesting person) may ask a medical specialist to do a medical assessment of an injured person: (a) the injured person; (b) the injured person’s lawyer; (c) the director-general; (d) the ACT Insurance Authority.

Part 2 Compensation and injury management for detainees etc—Act, s 220 (2) Division 2.8 Making a claim for compensation Section 40 page 24 Corrections Management Regulation 2010 Effective: 06/12/25 R6 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) At least 2 weeks before the day of the medical assessment, written notice of the request must be given— (a) if the request is made by the injured person or the person’s lawyer—to the director-general and the ACT Insurance Authority; or (b) if the request is made by the director-general or the ACT Insurance Authority—to the injured person and the person’s lawyer. (4) Subsection (3) does not prevent a medical assessment of the injured person happening with less than the 2 weeks notice if the parties agree to the shorter notice. (5) The notice must state— (a) the reasons for the request (including a brief description of any particular thing that led to the request); and (b) why the medical specialist is the appropriate specialist to do the medical assessment. (6) The requesting person, and each person given notice under subsection (3), must give all medical evidence about the injured person to which they have access to the medical specialist at least 2 working days before the day of the medical assessment. Note Medical evidence, for an injured person—see the dictionary. 40 Specialist’s report about assessment (1) A medical specialist who assesses an injured person following a request under section 39 (2) must prepare a report about the medical assessment. (2) If the medical specialist’s assessment differs from the medical evidence about the injured person, the report must state— (a) how the assessment differs and why; and

Compensation and injury management for detainees etc—Act, s 220 (2) Part 2 Resolving compensation disputes Division 2.9 Section 41 R6 06/12/25 Corrections Management Regulation 2010 Effective: 06/12/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) why the medical specialist’s assessment is preferable. (3) If there is no difference between the medical specialist’s assessment and the medical evidence, the report must say there is no difference. (4) The requesting person must give a copy of the report to each person to whom the requesting person must give notice under section 39 (3) within 5 working days after the day the report is given to the requesting person. Division 2.9 Resolving compensation disputes 41 Application to ACAT (1) This section applies if an injured person and the director-general cannot agree on the amount of compensation the Territory is liable to pay the person under this part. (2) The injured person may apply to the ACAT to determine the amount of compensation the Territory is liable to pay. 42 Medical referees (1) The ACAT may ask a medical referee to help the tribunal to assess a medical matter in an application. (2) The ACAT may ask a medical referee to report on a medical matter in, or arising from, an application. 43 Only 1 medical referee for application (1) The same medical referee must help the tribunal throughout an application. (2) However, another medical referee may help the tribunal if the medical referee is unavailable for any reason.

Part 2 Compensation and injury management for detainees etc—Act, s 220 (2) Division 2.9 Resolving compensation disputes Section 44 page 26 Corrections Management Regulation 2010 Effective: 06/12/25 R6 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 44 Medical referee to review medical evidence etc A medical referee for an application must— (a) review the medical evidence about the injured person; and (b) review any relevant approved medical guidelines or clinically relevant research about the person’s injury; and (c) apply the referee’s clinical expertise to the review under paragraphs (a) and (b); and (d) do a medical assessment of the injured person, unless the referee considers it unnecessary; and (e) prepare a referee’s report for the application. 45 Medical referee’s report (1) A medical referee’s report for an application must state— (a) the results of the referee’s assessment of the injured person’s injury; and (b) if the referee’s assessment differs from the medical evidence about the injured person’s injury— (i) how the assessment differs and why; and (ii) why the referee’s assessment is preferable; and (c) if the referee considered it unnecessary to assess the injured person—why the referee did not consider it necessary. Example—why assessment may differ The medical evidence does not take into account relevant approved medical guidelines or clinically relevant research. (2) If there is no difference between the medical referee’s assessment and the medical evidence, the report must say there is no difference.

Miscellaneous Part 3 Section 46 R6 06/12/25 Corrections Management Regulation 2010 Effective: 06/12/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Miscellaneous 46 Information about entitlements and obligations—Act, s 66 (1) (f) The procedure for reporting work-related injuries and claiming compensation is prescribed. 47 Case management plans—scope etc—Act, s 78 (3) (h) A personal injury plan under division 2.7 (Injury management process) is prescribed. 48 Meaning of disciplinary breach—Act, s 152 (y) The following are prescribed: (a) failing to maintain an acceptable standard of behaviour towards people, including behaving in an obscene, indecent, offensive, racist or disorderly manner; (b) failing to comply with health, hygiene and dress standards, including keeping a cell, room or cottage in good order, and keeping clothing and bedding, and any other article issued to the detainee, clean and in good order; (c) leaving a location without the approval of the director-general or a corrections officer; (d) feigning illness; (e) entering another detainee’s cell, room or cottage unit without a corrections officer’s approval; (f) going within 10 metres of a fence separating different areas of the Alexander Maconochie Centre without a corrections officer’s approval; (g) if the detainee is housed in a cottage—going within 10 metres of a cell block without a corrections officer’s approval;

Part 3 Miscellaneous Section 49 page 28 Corrections Management Regulation 2010 Effective: 06/12/25 R6 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (h) if the detainee is housed in a cottage—passing an item to, or receiving an item from, a detainee housed in a cell block; (i) failing to attend a muster; (j) failing to comply with the Corrections Management (Visits) Policy 2009 (NI2009-166); (k) failing to comply with the Corrections Management (Prisoner Telephone) Policy 2009 (NI2009-154). 49 Reparation—Act, s 185 (3) (b) The amount of $500 is prescribed. 50 Prescribed entities—Act, s 222 (3) (f) (1) The Commonwealth department responsible for administering social services legislation is prescribed for the relevant protected information about a detainee, if the information is reasonably necessary— (a) to ensure the proper care or housing of a person who is or is likely to be provided with services by or on behalf of the department; or (b) to decide the detainee’s eligibility to receive a Commonwealth payment or allowance. (2) The Commonwealth department responsible for administering the Migration Act 1958 (Cwlth) is prescribed for the relevant protected information about a detainee, if the information is reasonably necessary for the purpose of deciding whether the detainee is eligible, under that Act, to remain in Australia.

Miscellaneous Part 3 Section 50 R6 06/12/25 Corrections Management Regulation 2010 Effective: 06/12/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The commissioner of taxation is prescribed for the relevant protected information about a detainee, if the information is reasonably necessary to assess the detainee’s liability to pay tax. Note See the Commonwealth Electoral Act 1918 (Cwlth), s 109 for information the director-general is required to give the Commonwealth Electoral Commissioner about certain detainees. (4) In this section: commissioner of taxation means the Commissioner of Taxation established under the Taxation Administration Act 1953 (Cwlth), section 4. relevant protected information, about a detainee, means the following information: (a) the detainee’s full name, and any other name by which the detainee is, or has previously been, known; (b) the detainee’s date of birth; (c) the address or area where the detainee lived before being detained; (d) the name of the correctional centre where the detainee is being detained; (e) the detainee’s offender identification number; (f) the date the detainee’s detention started; (g) the date the detainee’s detention is expected to end; (h) if the information is for an entity mentioned in subsection (1)— (i) the detainee’s Centrelink card number; and (ii) the type of Commonwealth payment or allowance the detainee received before the detainee’s detention started; and

Part 3 Miscellaneous Section 51 page 30 Corrections Management Regulation 2010 Effective: 06/12/25 R6 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) for a detainee under 19 years old—the name of the person who received a Commonwealth payment or allowance relating to the detainee before the detainee’s detention started; and (iv) the balance of the detainee’s trust account held under the Act, section 84 (Trust accounts for detainees); (i) if the information is for an entity mentioned in subsection (2)— the detainee’s visa grant number or visa evidence number; (j) if the information is for an entity mentioned in subsection (3)— (i) the detainee’s tax file number; and (ii) the following information relating to a return lodged by the detainee, or the detainee’s liability to pay tax, in a financial year during the detainee’s detention: (A) income earned by the detainee in the financial year; (B) any other information relevant to the detainee’s liability to pay tax. social services legislation means the following: (a) the Child Support (Assessment) Act 1989 (Cwlth); (b) the Child Support (Registration and Collection) Act 1988 (Cwlth); (c) the Social Security Act 1991 (Cwlth). 51 Approved dogs—Act, dict, def corrections dog (1) A dog is approved if it has completed a training course approved by the director-general. (2) An approval of a training course is a notifiable instrument. (3) In this section: training course means a detector dog training course.

Compensation for loss Schedule 1 R6 06/12/25 Corrections Management Regulation 2010 Effective: 06/12/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Compensation for loss (see s 6, def loss and s 9) column 1 item column 2 nature of injury column 3 % of single loss amount payable Speech loss 1 loss of power of speech 60 Sensory loss 2 loss of sense of taste or smell 17 3 loss of senses of taste and smell 34 Hearing loss 4 loss of hearing of both ears 65 5 loss of hearing of 1 ear 20 Loss of vision 6 loss of sight of both eyes 100 7 loss of sight of an only eye 100 8 loss of sight of 1 eye, together with serious diminution of the sight of the other eye 75 9 loss of sight of 1 eye 40 10 loss of binocular vision (if not otherwise compensable under this schedule) 40 11 loss of eyeball (in addition to compensation for loss of sight of the eye) 22 Arm injuries 12 loss of right arm at or above elbow 80 13 loss of right arm below elbow 75 14 loss of left arm at or above elbow 75

Schedule 1 Compensation for loss page 32 Corrections Management Regulation 2010 Effective: 06/12/25 R6 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 nature of injury column 3 % of single loss amount payable 15 loss of left arm below elbow 70 Hand injuries 16 loss of right hand 70 17 loss of left hand 65 18 loss of thumb of right hand 30 19 loss of thumb of left hand 26 20 loss of a joint of thumb 16 21 loss of forefinger of right hand 21 22 loss of forefinger of left hand 18 23 loss of 2 joints of forefinger of right hand 16 24 loss of 2 joints of forefinger of left hand 12 25 loss of first joint of forefinger of right hand 10 26 loss of first joint of forefinger of left hand 9 27 loss of middle finger of either hand 12 28 loss of 2 joints of middle finger of either hand 10 29 loss of first joint of middle finger of either hand 6 30 loss of little or ring finger of either hand 11 31 loss of 2 joints of little or ring finger of either hand 9 32 loss of first joint of little or ring finger of either hand 6 Leg injuries 33 loss of either leg at or above knee 75 34 loss of either leg below knee 70 Foot injuries 35 loss of a foot 65

Compensation for loss Schedule 1 R6 06/12/25 Corrections Management Regulation 2010 Effective: 06/12/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 nature of injury column 3 % of single loss amount payable 36 loss of great toe of either foot 22 37 loss of a joint of great toe of either foot 10 38 loss of any other toe 6 39 loss of any joint of any other toe 2 Bowel injury 40 permanent loss of bowel function 65 Loss of sexual organs etc 41 loss of sexual organs 47 42 loss of both breasts 47 43 loss of 1 breast 30 44 permanent and total loss of capacity to engage in sexual intercourse 75 Brain damage 45 permanent brain damage if not, or not completely, an injury otherwise compensable under this schedule 100 Permanent impairment of back, neck, pelvis 46 permanent impairment of back 60 47 permanent impairment of neck 40 48 permanent impairment of pelvis 15 Disfigurement 49 severe facial disfigurement if not, or not completely, an injury otherwise compensable under this schedule 80 50 severe bodily disfigurement if not, or not completely, an injury otherwise compensable under this schedule 50

Schedule 1 Compensation for loss page 34 Corrections Management Regulation 2010 Effective: 06/12/25 R6 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 nature of injury column 3 % of single loss amount payable Disease 51 HIV infection (Human Immunodeficiency Virus infection) 100 52 AIDS (Acquired Immune Deficiency Syndrome) 100

Dictionary R6 06/12/25 Corrections Management Regulation 2010 Effective: 06/12/25 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • director-general (see s 163) • doctor • establish • in relation to • lawyer • public trustee and guardian • the Territory. Note 3 Terms used in this regulation have the same meaning that they have in the Corrections Management Act 2007 (see Legislation Act, s 148). For example, the following terms are defined in the Corrections Management Act 2007, dict: • correctional centre • corrections officer • detainee (see s 6) • offender. ACT Insurance Authority means the Australian Capital Territory Insurance Authority established under the Insurance Authority Act 2005. compensable injury, for part 2 (Compensation and injury management for detainees etc—Act, s 220 (2))—see section 6. injured person, for part 2 (Compensation and injury management for detainees etc—Act, s 220 (2))—see section 6. injury, for part 2 (Compensation and injury management for detainees etc—Act, s 220 (2))—see section 7. injury management, for division 2.7 (Injury management process)— see section 28.

Dictionary page 36 Corrections Management Regulation 2010 Effective: 06/12/25 R6 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au loss, in relation to a thing, for part 2 (Compensation and injury management for detainees etc—Act, s 220 (2))—see section 6. maximum loss amount, for part 2 (Compensation and injury management for detainees etc—Act, s 220 (2))—see section 6. medical evidence, for an injured person, means a record (however described) made in relation to the person’s injury by— (a) a doctor; or (b) a rehabilitation provider; or (c) a dentist, chiropractor, psychologist, masseur, osteopath, physiotherapist, remedial kinesiologist or speech therapist. medical referee means a medical referee appointed under the Workers Compensation Act 1951, section 201. medical specialist means a doctor— (a) with specialist qualifications and experience in medicine recognised by the relevant Australian specialist medical college; and (b) who practises within the specialty. personal injury plan, for an injured person, for division 2.7 (Injury management process)—see section 28. rehabilitation services, for part 2 (Compensation and injury management for detainees etc—Act, s 220 (2))—see section 6. single loss amount, for part 2 (Compensation and injury management for detainees etc—Act, s 220 (2))—see section 6.

Endnotes About the endnotes 1 R6 06/12/25 Corrections Management Regulation 2010 Effective: 06/12/25 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 38 Corrections Management Regulation 2010 Effective: 06/12/25 R6 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Corrections Management Regulation 2010 SL2010-52 notified LR 17 December 2010 s 1, s 2 commenced 17 December 2010 (LA s 75 (1)) remainder commenced 18 December 2010 (s 2) as amended by Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.38 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.38 commenced 1 July 2011 (s 2 (1)) Corrections Management Amendment Regulation 2015 (No 1) SL2015-2 notified LR 22 January 2015 s 1, s 2 commenced 22 January 2015 (LA s 75 (1)) remainder commenced 23 January 2015 (s 2 (1)) Crimes (Sentencing and Restorative Justice) Amendment Act 2016 A2016-4 sch 1 pt 1.6 notified LR 24 February 2016 s 1, s 2 commenced 24 February 2016 (LA s 75 (1)) sch 1 pt 1.6 commenced 2 March 2016 (s 2 (1)) Protection of Rights (Services) Legislation Amendment Act 2016 (No 2) A2016-13 sch 1 pt 1.13 notified LR 16 March 2016 s 1, s 2 commenced 16 March 2016 (LA s 75 (1)) sch 1 pt 1.13 commenced 1 April 2016 (s 2 and see Protection of Rights (Services) Legislation Amendment Act 2016 A2016-1 s 2) Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.43 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 4 pt 4.43 commenced 6 December 2025 (s 2 (5))

Endnotes Amendment history 4 R6 06/12/25 Corrections Management Regulation 2010 Effective: 06/12/25 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Commencement s 2 om LA s 89 (4) Meaning of injury—pt 2 s 7 am A2011-22 amdt 1.115 Compensation for loss generally s 9 am A2025-29 amdt 4.43 Compensation for combination of items s 12 am A2025-29 amdt 4.43 Deduction for previous injury or pre-existing condition s 18 am A2025-29 amdt 4.43 No compensation for less than 6% hearing loss s 21 am A2025-29 amdt 4.43 Liability for medical treatment etc s 23 am A2011-22 amdt 1.115 Reimbursement for costs of medical certificate and examination s 24 am A2011-22 amdt 1.115 Payment to public trustee and guardian of lump sum death benefits s 26 hdg am A2016-13 amdt 1.44 s 26 am A2016-13 amdt 1.45, amdt 1.46 Register of injuries s 29 am A2011-22 amdt 1.115 Injury notice s 30 am A2011-22 amdt 1.115 Liability not affected s 31 am A2011-22 amdt 1.115 Personal injury plan for injured person with significant injury s 32 am A2011-22 amdt 1.115 Vocational rehabilitation s 33 am A2011-22 amdt 1.115 Making a claim s 36 am A2011-22 amdt 1.115; A2025-29 amdt 4.43 Assessment by medical specialist—request by other than nominated treating doctor s 39 am A2011-22 amdt 1.115 Application to ACAT s 41 am A2011-22 amdt 1.115

Endnotes 4 Amendment history page 40 Corrections Management Regulation 2010 Effective: 06/12/25 R6 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Medical referee’s report s 45 am A2025-29 amdt 4.43 Meaning of disciplinary breach—Act, s 152 (y) s 48 am A2011-22 amdt 1.115; A2016-4 amdt 1.14; pars renum R4 LA Prescribed entities—Act, s 222 (3) (f) s 50 sub SL2015-2 s 4 Approved dogs—Act, dict, def corrections dog s 51 am A2011-22 amdt 1.115; A2025-29 amdt 4.43 Dictionary dict am A2011-22 amdt 1.116; A2016-13 amdt 1.44

Endnotes Earlier republications 5 R6 06/12/25 Corrections Management Regulation 2010 Effective: 06/12/25 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 18 Dec 2010 18 Dec 2010– 30 June 2011 not amended new regulation R2 1 July 2011 1 July 2011- 22 Jan 2015 A2011-22 amendments by A2011-22 R3 23 Jan 2015 23 Jan 2015- 1 Mar 2016 SL2015-2 amendments by SL2015-2 R4 2 March 2016 2 March 2016- 31 Mar 2016 A2016-4 amendments by A2016-4 R5 1 Apr 2016 1 Apr 2016– 5 Dec 2025 A2016-13 amendments by A2016-13 © Australian Capital Territory 2025

The regulation rests on a small set of organising legal and actuarial concepts, most of which are defined in the regulation or by reference to the Workers Compensation Act 1951.

Compensable injury and injured person (s 6): “compensable injury” is an injury for which compensation is payable under Part 2; “injured person” is anyone who suffers such an injury. “Injury” is defined to include physical or mental injury (including stress), and includes aggravation, acceleration or recurrence of a pre-existing injury (s 7(1)). There is an express carve-out that mental injury caused “completely or mostly” by reasonable disciplinary action by the director-general or a corrections officer is excluded from the definition (s 7(2)).
Entitlement trigger , arising out of detention or community service work (s 8): the Territory is liable if the injury “arises out of, or in the course of” detention, or if an offender directed to perform community service work suffers injury in the course of that work. For disease-caused injuries or injuries influenced by specific pre-existing cardiovascular or aneurysm conditions, the injury must be shown to be substantially contributed to by the detention or work (s 8(2)-(3)).
Monetary benchmarks , single loss amount and maximum loss amount (s 6, s 9, s 10): compensation for listed losses is a percentage of the “single loss amount” as defined by reference to the Workers Compensation Act 1951; for multiple losses the combined entitlement is capped at the “maximum loss amount” (s 9(1), s 10). Schedule 1 assigns percentages for specific losses and impairments (e.g. loss of both eyes = 100% of single loss amount, item 6).
Schedule-based valuation (Schedule 1): the Schedule maps detailed injuries to compensation percentages (items 1-52). It covers speech, sensory, hearing, vision, arms/hands/legs/feet, bowel function, sexual organs, brain damage, back/neck/pelvis impairments, disfigurement, and disease (HIV, AIDS 100%,items 51-52).
Proportionality and combinations (ss 12, 16): where partial losses occur, the regulation requires proportionate calculations (s 16). For combinations of items, except impairments of back/neck/pelvis, a combined loss is to be treated as a proportionate loss of a single item (s 12); examples in the regulation explain application to multiple fingers, hands, arms, legs (s 12 examples).
Deductions for pre-existing conditions (s 18): an initial loss must have deducted from it the proportion attributable to previous injury or pre-existing condition. Where proving the deductible proportion would be difficult or costly, an assumption of 10% is specified unless inconsistent with evidence (s 18(3)). Hearing loss due to age is separately addressed (s 20), with a conclusive presumption of 0.5 decibels per year over a sex‑specific prescribed age.
Exceptions and limits (ss 17, 21, 22, 27): specific carve-outs include HIV/AIDS infections during voluntary sex or illicit drug use (s 17), hearing loss threshold under “boilermakers deafness” (s 21), limited entitlements for deaths within 3 months excluding certain Schedule items (s 22), and exclusions for intentionally self-inflicted injuries and injuries resulting from serious and wilful misconduct (s 27).
Injury management: register, notice, personal injury plan, vocational rehabilitation (ss 29-35): the director-general must keep a register (s 29), corrections officers must assist with notices and entries (s 30), personal injury plans must be established for “significant injury” and given effect by the director-general (s 32), and vocational rehabilitation must aim to provide a real prospect of employment (s 33).
Procedural adjudication: medical assessments, specialist requests, ACAT, medical referees (ss 38-45): medical assessments must use approved Workers Compensation Regulation 2002 medical guidelines (s 38); parties other than the nominated treating doctor can request specialist assessments with formal notice and evidence exchange (ss 39-40); ACAT can determine disputed amounts (s 41) and may use a single medical referee per application (ss 42-45).
Interplay with other public law instruments: the regulation imports provisions and mechanisms from the Workers Compensation Act 1951 (definitions and referee appointments), the Workers Compensation Regulation 2002 (medical guidelines), the Public Trustee and Guardian Act 1985 (s 26(2) treatment of lump sums), and the Corrections Management Act 2007 (s 66, s 78 cross‑references; corrections dog definition and notifiable instruments, s 51).

These concepts set the legal and administrative architecture: the Territory as payer, a scheduled valuation model, prescribed procedural pathways for notice, assessment and rehabilitation, and ACAT-mediated disputes supported by medical referees.

The regulation allocates rights and duties across distinct groups: detainees, offenders performing court‑mandated community service, the Territory (via the director-general), corrections officers, the ACT Insurance Authority, medical practitioners and providers, the Public Trustee and Guardian, prescribed Commonwealth entities, legal representatives, and ACAT. Specific impacts follow from the text.

Detainees and offenders: They are the beneficiaries of the compensation scheme when they suffer a compensable injury arising from detention or community service work (s 8). They must notify injuries “as soon as possible” and cooperate in producing an injury notice (s 30). Injured persons with “significant injury” are required to participate and cooperate in personal injury plan establishment and comply with reasonable obligations under the plan, including treatment and rehabilitation (s 34). Claimants face a two‑year floor before making a claim in most cases (s 37(1)), and practical restrictions for specific injuries (e.g. hearing loss threshold, s 21). If a claimant receives independent common law damages, the Territory’s compensation may be reduced or recovered (s 35).
Director-general and corrections officers: The director-general must keep an injury register (s 29), accept and act on injury notices (s 30), establish personal injury plans for significant injuries and give effect to them (s 32), arrange vocational rehabilitation likely to lead to employment (s 33), and comply with disclosure requirements to prescribed Commonwealth entities where necessary (s 50). Corrections officers must assist injured persons with notices and may be the person to make entries in the register; they may not interfere with the register (s 29). Actions taken by the director-general under injury management are explicitly not admissions of liability (s 31).
ACT Insurance Authority: The Insurance Authority is a mandatory recipient of injury notices (s 30(4)(b)) and of compensation claim forms (s 36(2)(b)). It is a party that may request medical assessments by specialists (s 39(2)(d)) and participates in evidence exchange (s 39(3)-(6)).
Medical practitioners and rehabilitation providers: Medical evidence is broadly defined (dictionary) to include records from doctors, dentists, chiropractors, psychologists, physiotherapists and other listed providers. Assessments must use Workers Compensation Regulation medical guidelines (s 38), and medical specialists conducting assessments outside the treating doctor’s request must provide substantiated reports discussing any differences from existing medical evidence (s 40).
ACAT and medical referees: Injured persons may apply to ACAT where there is disagreement on compensation amount (s 41). ACAT may appoint medical referees under the Workers Compensation Act mechanism (s 42); the same medical referee generally assists throughout an application (s 43).
Dependants and Public Trustee and Guardian: Death benefits are payable to dependants according to Workers Compensation Act presumptions (s 25). Lump sums are paid to the Public Trustee and Guardian to be dealt with under the Public Trustee and Guardian Act until distributed (s 26).
Commonwealth entities and Commissioner of Taxation: The regulation prescribes that certain protected detainee information may be provided to specified Commonwealth departments where reasonably necessary for care, benefits eligibility or migration/tax purposes (s 50). The regulation specifies the data elements that may be shared, including trust account balances and tax file numbers (s 50(4)).
Lawyers and agents: Lawyers acting for claimants are affected by cost recovery rules for certain hearing loss claims; if total hearing loss is less than 6% for boilermakers deafness, a lawyer or agent cannot recover costs from the person or Territory for that claim (s 21(4)).

Administrative and operational burdens fall on corrections management: maintaining a secure register (s 29), processing and sharing injury notices, setting up personal injury plans and vocational rehabilitation, managing medical assessment requests and evidence exchanges, and making payments where appropriate. For detainees and offenders, the regulation alters behaviour by requiring timely reporting, cooperation with rehabilitation, and by attaching exclusion clauses and thresholds that may influence whether and when to pursue a claim.

The regulation creates a set of positive duties, obligations and rights. Below are the principal legal duties and parallel rights, with specific section references.

Duties imposed on the director-general and the Territory:

Maintain a register of injuries and protect it from interference; permit entries on request by injured persons or an authorised representative (s 29(1)-(3), (4)-(6)). The register entry made promptly is treated as notice to the director-general (s 29(3)).
Establish personal injury plans for persons when the injury qualifies as “significant” (s 32(1)-(3)). The director-general must give effect to the plan and comply with obligations under the plan (s 32(3)).
Ensure vocational rehabilitation under the personal injury plan is reasonably likely to lead to a real prospect of employment (s 33).
Pay compensation and cover medical/rehabilitation costs where the Territory is liable (s 23(1)). This includes compensation for reasonable costs of medical treatment and the costs of rehabilitation services under a personal injury plan (s 23(1)(a)-(b)), and compensation for loss of clothing associated with the injury (s 23(1)(c)). The Territory is not liable for costs if it has provided the treatment without cost (s 23(2)).
Pay death benefits to dependants calculated by reference to the Workers Compensation Act, and pay lump sums to the Public Trustee and Guardian to be administered under the Public Trustee and Guardian Act until distributed (ss 25-26).

Duties imposed on corrections officers:

Assist injured persons to complete an injury notice or complete it on their behalf when they cannot (s 30(2)).
Ensure notices are forwarded to the director-general, ACT Insurance Authority, correctional centre doctor (if applicable) and the injured person’s treating doctor (s 30(4)).

Duties on injured persons:

Tell a corrections officer about the injury as soon as possible (s 30(1)).
Give an injury notice copy to the listed recipients (s 30(4)).
Participate and cooperate in establishing a personal injury plan where applicable and comply with reasonable obligations under that plan, including obligations to receive medical treatment or rehabilitation services (s 34(1)-(2)).
Make claims by completing a claim form and delivering it to the director-general and ACT Insurance Authority (and the relevant doctors), accompanied by a medical assessment (s 36(1)-(3)). Note the claim is taken to be made when given to the ACT Insurance Authority (s 36(4)).

Rights conferred on injured persons and dependants:

Right to compensation where injury arises out of detention or community service work, subject to the rules and exclusions (s 8).
Right to receive compensation amounts calculated by reference to Schedule 1 percentages of the single loss amount (ss 9, Schedule 1).
Right to medical treatment and rehabilitation costs paid by the Territory where conditions in s 23 apply.
Right to make an injury notice entry in the register (s 29(2)-(3)).
Right to apply to ACAT to determine amount of compensation where there is disagreement (s 41).
Dependants’ rights to lump sum, weekly payments for dependent children and funeral expenses in line with the Workers Compensation Act (s 25(2)-(3), (6)-(7)). The lump sum is to be paid to the Public Trustee and Guardian for administration until distributed (s 26).

Constraints and exceptions:

No compensation for intentionally self-inflicted injuries or injuries attributable to serious and wilful misconduct (s 27(2)-(4)). Serious and wilful misconduct includes being under the influence of alcohol or another drug at the time of injury unless the substance did not contribute or was not consumed voluntarily (s 27(4)(a)).
HIV/AIDS-related claims are excluded if HIV or AIDS contracted during voluntary sexual activity or illicit drug use (s 17(1)).
Hearing loss caused by “boilermakers deafness” must meet a 6% total hearing loss threshold to be compensable, with a conclusive presumption for age-related hearing loss above a prescribed age (ss 20-21).
If independent common-law damages are obtained, compensation under this part is reduced or the Territory may seek recovery (s 35).

Procedural duties:

Medical assessments must use approved Workers Compensation Regulation 2002 medical guidelines (s 38).
Parties other than the nominated treating doctor have specified notice and evidence-sharing duties when requesting a specialist assessment (s 39(3)-(6)).
Medical specialists and referees must prepare reports that address differences from medical evidence and explain why their assessment is preferable (ss 40, 45).

These duties and rights define the operational responsibilities for corrections management and the practical remedial rights for injured detainees and offenders.

The regulation contains several enforcement levers: explicit criminal offences, administrative constraints on entitlements, strict liability provisions, and adjudicative remedies via ACAT. Enforcement interfaces with the Criminal Code, penalty units under the Legislation Act, and tribunal and civil recovery mechanisms.

Offences and penalty units: The regulation states that offences against it are subject to the Criminal Code general principles (s 5, notes). A specific criminal offence is created by prohibiting interference with the injury register: a person must not change, damage, deface, remove or otherwise interfere with the register; maximum penalty 20 penalty units; that offence is strict liability (s 29(4)-(5)). The republication preface specifies penalty unit values in force at republishing ($160 individual, $810 corporation), so the maximum monetary penalty for that offence would be 20 × penalty unit (see preface and s 29(4)).
Administrative enforcement through compensation exclusions: The regulation contains non‑criminal but material constraints on payment entitlements that operate as enforcement by withholding payment. For example, the regulation denies compensation where injuries were intentionally self‑inflicted or caused by serious and wilful misconduct (s 27(2)-(4)), and excludes certain HIV/AIDS-related claims (s 17(1)). These are conditions precedent to payment and thus a financial enforcement mechanism.
Procedural strictures: A number of procedural requirements function as practical enforcement levers. Injured persons must give notice “as soon as possible” (s 30(1)), provide copies of injury notices to specified recipients (s 30(4)), and claim forms must be accompanied by medical assessments (s 36(3)). Failure to comply may affect the ability to claim or the timing of entitlement, though the regulation provides some remedial routes (e.g. ACAT discretion).
Tribunal and recovery mechanisms: If independent damages are received, the Territory may recover from the person the lesser of the compensation amount and the damages (s 35(3)). The Territory’s right of recovery creates a financial enforcement and subrogation mechanism to prevent double recovery. ACAT adjudication is the principal enforcement and dispute-resolution route for contested compensation amounts (s 41). ACAT may use medical referees and compel medical evidence review as part of that adjudication (ss 42-45).
Reporting and document obligations with sanctions by reference: The regulation prescribes information-sharing with Commonwealth entities where “reasonably necessary” (s 50). Non‑compliance with these reporting obligations could engage agency-level administrative responses, though the regulation does not prescribe criminal penalties in s 50. Other offences under the regulation would fall within the Criminal Code (s 5 note).
Non‑liability signalling: The regulation explicitly states that actions by the director-general in relation to injury management (such as actions under a personal injury plan or return-to-work arrangements) are not admissions of liability under the part or independently of it (s 31). This is an enforcement-adjacent provision that affects civil litigation strategies and internal administrative enforcement of rehabilitation obligations.
Costs rules for lawyers: For boilermakers deafness claims under the 6% threshold, lawyers or agents acting for injured persons are not entitled to recover costs from the person or Territory if the claim results in no compensation (s 21(4)). This imposes a financial constraint on legal representation and may function as a deterrent to pursuing marginal claims.

Enforcement therefore operates by a mixture of criminal penalties for records tampering, strict conditions and exclusions that deny or reduce payment, tribunal mechanisms including medical referees to adjudicate disputes, and recovery rights to claw back payments where independent damages are obtained. The relation to the Criminal Code and penalty unit framework means enforcement can have both criminal and civil-financial consequences.

The regulation is deliberately cross‑referential. It imports monetary benchmarks, medical guidelines and referee appointment processes from existing workers compensation and public trustee frameworks, and it aligns operation with multiple Commonwealth Acts for information-sharing. Key interactions are:

Corrections Management Act 2007: This regulation is made under the Corrections Management Act and operationalises many of its sections. The regulation prescribes the procedure for reporting work-related injuries and claiming compensation relevant to Act s 66(1)(f) (s 46), prescribes that a personal injury plan under Div 2.7 is the “case management plan” under Act s 78(3)(h) (s 47), and defines “disciplinary breach” for Act s 152(y) (s 48). It also clarifies definitions in the Act’s dictionary (s 51 in relation to corrections dog, and the regulation’s own dictionary cross‑references the Act’s definitions).
Workers Compensation Act 1951 and Workers Compensation Regulation 2002: Monetary definitions (single loss amount and maximum loss amount) are explicitly defined by reference to the Workers Compensation Act 1951 (s 6). Medical assessment must use medical guidelines approved under the Workers Compensation Regulation 2002 s 5(1)(b) (s 38). Medical referees are those appointed under the Workers Compensation Act 1951 s 201 (s 42, dictionary). The regime therefore tracks workers’ compensation valuation and medical protocol frameworks, creating alignment with the broader workers compensation architecture for valuing permanent impairments and using medical referees.
Public Trustee and Guardian Act 1985: Lump sum death benefits are to be paid to the Public Trustee and Guardian and dealt with under that Act as if they were money payable as compensation under the Workers Compensation Act 1951 (s 26(1)-(2)). The Public Trustee and Guardian’s receipt is a sufficient discharge (s 26(3)), thereby integrating trustee administration rules.
Criminal Code: The Criminal Code ch 2 principles apply to offences under the regulation (s 5 note). This means elements such as intention, recklessness and strict liability are to be interpreted through the Code’s general criminal responsibility framework.
Commonwealth social security and migration laws: Section 50 prescribes authorised disclosures of “relevant protected information” to particular Commonwealth entities: the department administering social services legislation (listed Acts including the Social Security Act 1991), the department administering the Migration Act 1958, and the Commissioner of Taxation (s 50(1)-(3), (4)). The regulation sets out the exact categories of information that may be shared (s 50(4)(a)-(j)). These cross‑references create a statutory gateway for data exchange consistent with federal regulatory responsibilities.
A New Tax System (Family Assistance) Act 1999 (Cwlth): The definition of “dependant” for death benefits requires disregarding family tax benefit entitlements under that Act in assessing dependency (s 25(3)), showing cross‑statutory interaction in welfare/dependency assessment.
Road Transport (Alcohol and Drugs) Act 1977: The definition of “drug” used in s 27(5) is imported from that Act’s dictionary.

Practical consequences of these interactions:

Valuation and medical protocols will mirror workers compensation practices, so changes to Workers Compensation Act provisions, or to the Workers Compensation Regulation’s medical guidelines, may change compensation outcomes under this regulation without separate amendment here (s 6, s 38).
Tribunal and referee processes are shared with the Workers Compensation architecture, so procedural precedents, standards and referee availability under the workers compensation system will be relevant in ACAT proceedings (ss 42-45).
Information sharing with federal agencies is narrowly circumscribed by s 50’s “reasonably necessary” test and defined data fields, but creates necessary administrative links for benefits, migration status and tax administration.
Payment and administration of lump sums goes through the Public Trustee and Guardian regime, imposing trustee compliance requirements and likely adding administrative delay and safeguards around distribution (s 26).

Overall, the regulation sits within an ecosystem of ACT and Commonwealth statutes and regulations; its operation depends materially on external benchmarks and cross‑agency processes, especially the workers compensation system and federal information regimes.

The republication includes the full legislative history of this regulation and records successive amendments. The key legislative milestones in the provided history are:

Original instrument: Corrections Management Regulation 2010 SL2010-52, notified 17 December 2010, with most provisions commencing 18 December 2010 (Legislation Act commencement references in the history). The regulation was made under the Corrections Management Act 2007.
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22: Amended numerous operational provisions (see amendment history). Relevant amendments included revisions to the meaning of “injury” in part 2 (s 7 am A2011-22 amdt 1.115), amendments to liability for medical treatment and the register/injury notice/personal injury plan provisions (ss 23, 29-33, 36, 39 etc marked amended by A2011-22).
Corrections Management Amendment Regulation 2015 (No 1) SL2015-2 (notified 22 January 2015): This amendment introduced s 50 as sub SL2015-2 s 4 prescribing entities for protected information disclosure (amendment history notes s 50 sub SL2015-2 s 4).
Crimes (Sentencing and Restorative Justice) Amendment Act 2016 A2016-4 and Protection of Rights (Services) Legislation Amendment Act 2016 (No 2) A2016-13: These Acts made specific amendments, including to the meaning of disciplinary breach (s 48 am A2016-4 amdt 1.14; s 48 renumbering references), and amended the heading and content for payment to the public trustee and guardian (s 26 hdg and s 26 am A2016-13).
Statute Law Amendment Act 2025 A2025-29: Notified 6 November 2025, with some amendments commencing 6 December 2025 (sch 4 pt 4.43 commenced 6 December 2025). The amendment history lists substantive amendments in 2025 that affect the calculation and procedural rules: s 9 (Compensation for loss generally), s 12 (Compensation for combination of items), s 18 (Deduction for previous injury or pre-existing condition), s 21 (No compensation for less than 6% hearing loss), s 36 (Making a claim), s 45 (Medical referee’s report), and s 51 (Approved dogs) were all amended by A2025-29 amdt 4.43 (see amendment history).

The republication also indicates editorial amendments authorised under the Legislation Act 2001, part 11.3 (note in the preface), which may affect numbering, drafting form and presentation without changing substantive effect.

Practical implications of the amendment history:

The regulation has been updated across multiple rounds to refine injury definitions, compensation calculation rules and administrative procedures, tending to increase alignment with workers compensation practice (noted by repeated cross‑references to the Workers Compensation Act and Regulations).
The 2025 amending package appears to have targeted calculation and procedural clarity (ss 9, 12, 18, 21, 36, 45), which may change claim valuation and dispute‑resolution practice. Where the regulation ties benchmarks to the Workers Compensation Act, amendments there could operate through the references to alter compensation outcomes.
The chronology shows iterative policy adjustments rather than wholesale rewrites; because many provisions reference external instruments, future change in Workers Compensation law or federal information law will have practical consequence here without separate amendment to the regulation.

For practitioners this history matters: advice must track not just the regulation but also the Workers Compensation Act and Regulation, the Public Trustee and Guardian Act, and any recent amending instruments, particularly A2025-29 which affected calculation and process provisions.

The republication and the regulation text provided do not list any judicial decisions or litigation arising under the Corrections Management Regulation 2010. The regulation itself references tribunal processes (ACAT) and cross‑references judicial or tribunal frameworks (for example, appointment of medical referees under the Workers Compensation Act 1951, s 201), but contains no internal list of cases. The Dictionary and notes also reference ACAT as the adjudicative pathway for compensation disputes (s 41). Because the source contains no named cases or reported litigation history, this section must rely on the procedural avenues the regulation creates rather than summarise adjudicated outcomes.

Relevant tribunal/litigation pathways and mechanics that would shape future litigation:

ACAT jurisdiction: Injured persons who cannot agree with the director-general on the amount of compensation may apply to ACAT to determine the amount (s 41). The tribunal may request medical referees to provide expert reports and assist in assessing medical matters (s 42). The ACAT’s capacity to appoint and direct a single medical referee for an application (s 43) and to rely on referee reports described in s 45 creates a structured expert evidence pathway for dispute resolution.
Medical referee evidence: The regulation requires medical referees and medical specialists to set out how their assessments differ from the medical evidence and why their assessment is preferable (ss 40(2)-(3), 45(1)(b)). This provides a predictable evidentiary standard for tribunal review of competing medical opinions.
Recoverability and double recovery: The Territory’s statutory recovery right if independent damages are obtained (s 35) shapes settlement incentives and post‑judgment enforcement. Litigation involving common-law damages and statutory compensation will therefore involve cross‑claims and set‑offs.
Interactions with Workers Compensation architecture: Because valuation benchmarks, medical guidelines and the referee appointment mechanism are borrowed from the Workers Compensation Act/Regulation, practitioners should expect similar evidentiary debates and medico-legal practice as in workers compensation tribunals. That alignment suggests precedential cross‑pollination is possible, though the regulation does not itself cite cases.

In the absence of reported case law in the source, practitioners and researchers should monitor ACAT decisions and Workers Compensation cases that interpret medical guideline application, referee reports and valuation of permanent impairments. The regulation’s design anticipates contested cases to be resolved in ACAT with medical referee assistance, and its report‑writing requirements provide contentions and means for cross‑examination in that forum.

Practical pitfalls and non‑intuitive rules that arise directly from the regulation text, which advisers and administrators should flag:

Two‑year claim floor and “stabilisation” exception (s 37): A claim generally cannot be made earlier than two years after the injury, which is counterintuitive for injured detainees or dependants expecting immediate claims. Early claims are possible only if ACAT allows or the injury has stabilised. ACAT will allow earlier claims only if convinced of severity or imminent death. This timing rule interacts with s 22 (special rule where death occurs within 3 months) and may lead to missed opportunities for early resolution if parties misunderstand “stabilised”.
Register interference is a strict liability offence (s 29(4)-(5)): Corrections staff and detainees should be warned that altering the register is a strict liability offence carrying a 20 penalty unit maximum. The strict liability frame means fault is not required,compliance systems must be robust.
Deductions for previous injury can be assumed when costly to prove (s 18(3)): If proving the deductible proportion would be difficult or costly, the regulation supplies an assumption of 10% unless contrary to the evidence. That default may materially reduce awards where medical histories are incomplete, and claimants must plan to rebut the 10% assumption with evidence.
Hearing loss threshold and lawyers’ costs (ss 20-21): The “boilermakers deafness” provisions include a 6% total hearing loss threshold. Losses below 6% are not compensable, and counsel cannot recover costs from the client or Territory for claims that fail only because of that threshold (s 21(4)). Advisers must check cumulative prior losses because a later event may push total loss above 6% and trigger retroactive compensation (s 21(2) example).
HIV/AIDS carve-out and full Schedule percentages (s 17, Schedule 1): Schedule 1 lists HIV infection and AIDS at 100% of the single loss amount (items 51-52), but s 17(1) excludes claims where infection was contracted during voluntary sexual activity or illicit drug use. Practitioners must document causation carefully; a claimant with a Schedule-listed disease may still be excluded.
Age deduction for hearing loss is conclusive and sex‑specific (s 20): For “boilermakers deafness” there is a conclusive presumption that age-attributable hearing loss equals 0.5 decibels per year over prescribed ages (55 for males, 65 for females). This is a technical evidentiary presumption that will materially affect calculations.
Territory’s medical treatment liability limited where treatment provided without cost (s 23(2)): If the Territory has provided the medical treatment without cost to the person, the person cannot claim an amount for that treatment. This can be important where in-centre treatment is provided.
Medical specialist request notice and evidence exchange (s 39): Parties other than the nominated treating doctor can request specialist assessments, but must give at least two weeks’ written notice and provide all medical evidence at least two working days before assessment. Tactical use of these notice periods and the requirement that specialists explain departures from prior evidence (s 40) can affect case timing and evidence strategy.
ACAT medical referee continuity (s 43): ACAT generally must use the same medical referee for the duration of an application. If that referee becomes unavailable, delay may follow. Parties should check the availability and likely scheduling timelines before initiating contested litigation.
Personal injury plan obligations can be enforced against the detainee and create non‑payment risk: the injured person must comply with reasonable obligations under the personal injury plan, including treatment and rehabilitation (s 34(2)). Failure to comply could be a basis for administrative action and may influence compensation decisions.
Multiple cross‑references to external instruments: Valuation and medical guidelines are dependent on external legislation and guidelines; changes in those external regimes affect outcomes here without amendment, so practitioners must track changes to the Workers Compensation Act and Regulations, and to approved medical guidelines.
Data sharing with Commonwealth agencies contains detailed list of fields (s 50(4)): The regulation authorises disclosure of a broad list of detainee data to specified Commonwealth entities when “reasonably necessary” , including trust account balances and tax file numbers. Confidentiality concerns should be weighed against this statutory gateway.

These “gotchas” are concrete, text-based traps for the unwary in claims timing, evidence, valuation defaults, age presumption mechanics, and procedural sequencing. Advisers should build checklists and workflow controls to mitigate each.

For administrators (director-general, corrections officers, ACT Insurance Authority) and for advisers representing detainees/offenders, the regulation establishes a set of operational steps and compliance checkpoints. Below are practical, source-grounded steps to comply with the regulation’s duties and to preserve claim rights.

For corrections management and the director‑general:

Maintain and protect the injury register: Establish, secure and backed‑up registers consistent with s 29. Restrict alteration and log all entries and corrections; allow entry on request by injured persons and correct errors of fact transparently (ss 29(1)-(6)). Train staff on the strict liability offence for interference (s 29(4)-(5)) and the penalty exposure.
Standardise injury notices and processes: Implement and distribute a standard injury notice form that captures the details required by s 30(3) (name, address, cause, date/time, treating doctor details). Ensure procedures require immediate assistance from a corrections officer to fill the notice if the injured person cannot do so (s 30(2)) and set workflow to transmit copies to director‑general, ACT Insurance Authority, correctional centre doctor and treating doctor as required (s 30(4)).
Personal injury plan process: Adopt a template for personal injury plans that satisfies the definition in s 28 and ensures agreement with the injured person “to the maximum extent their cooperation and participation allow” (s 32(2)). Implement obligations to give effect to the plan and make arrangements for vocational rehabilitation that aim for a real prospect of employment (s 32(3), s 33).
Medical treatment and costs: Have clear policies on paying for reasonable medical treatment charges and rehabilitation services under s 23, and record when treatment is provided free so claims for those costs are not duplicated (s 23(2)). Adopt corrections policy for transport and accommodation expenses associated with treatment (s 23 note).
Death benefits and financial administration: For fatal cases, follow the prescribed calculation (s 25) and ensure lump sums are paid to the Public Trustee and Guardian, who will administer them under the Public Trustee and Guardian Act (s 26). Document dependency assessments excluding family tax benefits where applicable (s 25(3)).
Information sharing governance: Implement a legal gateway process for sharing “relevant protected information” with prescribed Commonwealth entities under s 50. Ensure requests are limited to the defined data fields and can be justified as “reasonably necessary” for the listed purposes (s 50(4)).

For corrections officers and medical staff:

Assist promptly with notices: Correctly complete injury notices and enter immediate details into the register (s 29-30). Preserve evidence and medical records; medical evidence is broadly defined and useful for claims (dictionary).
Follow medical assessment guidelines: Conduct initial medical assessments using the Workers Compensation Regulation 2002 approved medical guidelines (s 38) and ensure documentation meets the standard required for specialists and medical referees to compare assessments (ss 39-40).

For injured persons and their advisers:

Immediate reporting and evidence preservation: Inform a corrections officer about the injury “as soon as possible” (s 30(1)) and ensure an injury notice is completed and copies delivered to required recipients (s 30(4)). Preserve clothing and items damaged in association with the injury and document costs.
Medical assessment and documentation: Obtain a medical assessment using the prescribed Workers Compensation medical guidelines (s 38). Compile and lodge medical evidence from all providers listed in the dictionary to support claims (dictionary: medical evidence definition).
Timing of claims: Be aware of the two‑year minimum before lodging a claim (s 37(1)), and document reasons to seek earlier ACAT permission if the injury is severe or stabilised (s 37(2)-(3)). If death occurs within three months of injury, note the restricted list of Schedule items excluded (s 22).
Specialist assessments and evidence exchange: If seeking a specialist assessment under s 39, ensure timely written notice and comply with the evidence exchange timelines (s 39(3)-(6)). Practitioners should plan for the two‑week notice period and ensure all medical evidence is provided two working days before the assessment.
Claim form and ACAT process: Complete the prescribed claim form and provide it to the director‑general and ACT Insurance Authority together with the medical assessment (s 36). If disputing the amount offered by the director‑general, file an ACAT application under s 41 and be ready to engage with medical referees appointed under the Workers Compensation Act (s 42).
Consider the 10% deductible default: Where historical injuries or pre‑existing conditions exist, prepare evidence to rebut the statutory fallback that assumes a 10% deductible proportion where proving the actual proportion would be difficult or costly (s 18(3)).
Hearing loss and legal costs: For hearing loss claims, compute cumulative losses; below 6% total there is no entitlement and no legal cost recovery for the client or from the Territory (ss 20-21). If cumulative losses later pass 6%, earlier claims or notice may be relevant (s 21 example).

Administrative and compliance record‑keeping:

Keep auditable evidence of all notices, medical reports, rehabilitation plans, payments and communications with ACT Insurance Authority and the Public Trustee and Guardian. The regulation’s reporting channels and recovery rights invite thorough records to support both payment decisions and potential recovery actions (s 35).

By aligning operational checklists with the regulation’s sections,register handling (s 29), injury notices (s 30), personal injury plans (s 32), medical assessments (s 38), claims (s 36), and ACAT processes (s 41),administrators and claimants can reduce procedural risk and preserve statutory rights.

Corrections Management Regulation 2010

Plain English Summary

Deep Dive

What it does

Current sections

Corrections Management Regulation 2010

Source text: opening excerpt

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