sec.13Reviewing prisoner’s security classification

### sec.13 Reviewing prisoner’s security classification The chief executive may review a prisoner’s security classification at any time, including the risk sub-category for the prisoner. The chief executive may review a prisoner’s security classification if the prisoner’s behaviour deteriorates or improves. The chief executive may limit the review of a prisoner’s security classification to reviewing only the risk sub-category for the prisoner. However, for a prisoner with a security classification of high, the chief executive must review the prisoner’s security classification in either of the following circumstances— the prisoner requests the security classification be reviewed and the prisoner has not requested the classification be reviewed during the previous 12 months; the security classification— has been high for the previous 3 years; and has not been reviewed in the previous 3 years. Subsection (3) does not apply for a prisoner if— the prisoner— is being detained on remand for an offence; and is not serving a term of imprisonment for another offence; or the prisoner is being held in custody under any of the following orders— a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; an interim detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; a preventative detention order under the Terrorism (Preventative Detention) Act 2005 ; a continued preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; an initial preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; an interim post-sentence order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; a post-sentence order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; a preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; another court order prescribed by regulation for this subparagraph. When reviewing a prisoner’s security classification, the chief executive must have regard to the matters mentioned in section 12 (4) . s 13 amd 2013 No. 15 s 83 ; 2013 No. 64 s 12 ; 2016 No. 62 s 13 ; 2023 No. 14 s 5 (sec.13-ssec.1) The chief executive may review a prisoner’s security classification at any time, including the risk sub-category for the prisoner. The chief executive may review a prisoner’s security classification if the prisoner’s behaviour deteriorates or improves. (sec.13-ssec.2) The chief executive may limit the review of a prisoner’s security classification to reviewing only the risk sub-category for the prisoner. (sec.13-ssec.3) However, for a prisoner with a security classification of high, the chief executive must review the prisoner’s security classification in either of the following circumstances— the prisoner requests the security classification be reviewed and the prisoner has not requested the classification be reviewed during the previous 12 months; the security classification— has been high for the previous 3 years; and has not been reviewed in the previous 3 years. (sec.13-ssec.4) Subsection (3) does not apply for a prisoner if— the prisoner— is being detained on remand for an offence; and is not serving a term of imprisonment for another offence; or the prisoner is being held in custody under any of the following orders— a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; an interim detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; a preventative detention order under the Terrorism (Preventative Detention) Act 2005 ; a continued preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; an initial preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; an interim post-sentence order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; a post-sentence order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; a preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; another court order prescribed by regulation for this subparagraph. (sec.13-ssec.5) When reviewing a prisoner’s security classification, the chief executive must have regard to the matters mentioned in section 12 (4) . - (a) the prisoner requests the security classification be reviewed and the prisoner has not requested the classification be reviewed during the previous 12 months; - (b) the security classification— (i) has been high for the previous 3 years; and (ii) has not been reviewed in the previous 3 years. - (i) has been high for the previous 3 years; and - (ii) has not been reviewed in the previous 3 years. - (i) has been high for the previous 3 years; and - (ii) has not been reviewed in the previous 3 years. - (a) the prisoner— (i) is being detained on remand for an offence; and (ii) is not serving a term of imprisonment for another offence; or - (i) is being detained on remand for an offence; and - (ii) is not serving a term of imprisonment for another offence; or - (b) the prisoner is being held in custody under any of the following orders— (i) a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; (ii) an interim detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; (iii) a preventative detention order under the Terrorism (Preventative Detention) Act 2005 ; (iv) a continued preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; (v) an initial preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; (vi) an interim post-sentence order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; (vii) a post-sentence order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; (viii) a preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; (ix) another court order prescribed by regulation for this subparagraph. - (i) a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; - (ii) an interim detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; - (iii) a preventative detention order under the Terrorism (Preventative Detention) Act 2005 ; - (iv) a continued preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; - (v) an initial preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; - (vi) an interim post-sentence order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; - (vii) a post-sentence order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; - (viii) a preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; - (ix) another court order prescribed by regulation for this subparagraph. - (i) is being detained on remand for an offence; and - (ii) is not serving a term of imprisonment for another offence; or - (i) a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; - (ii) an interim detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; - (iii) a preventative detention order under the Terrorism (Preventative Detention) Act 2005 ; - (iv) a continued preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; - (v) an initial preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; - (vi) an interim post-sentence order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; - (vii) a post-sentence order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; - (viii) a preventative detention order under the Criminal Code Act 1995 (Cwlth) , section 100 .1; - (ix) another court order prescribed by regulation for this subparagraph.