sec.173AElectronic surveillance of corrective services facilities

### sec.173A Electronic surveillance of corrective services facilities The chief executive may authorise the use of a prescribed surveillance device at a corrective services facility to monitor and record activity in and around the facility only if satisfied the use is likely to enhance— the safety of prisoners, corrective services officers, visitors to the facility and the community; or the maintenance of security and good order at the facility; or the prevention of intimidation, corruption and the commission of other offences at the facility; or the detection of prohibited things entering, at or leaving the facility. In authorising the use of a prescribed surveillance device at a corrective services facility, the chief executive must have regard to the privacy of prisoners, corrective services officers and visitors to the facility. An authorisation under subsection (1) — must include requirements about the use, storage and destruction of recordings made by a prescribed surveillance device; and must not authorise the covert use of a prescribed surveillance device; and must not authorise the recording or monitoring of a prisoner communication that cannot be lawfully recorded or monitored under chapter 2 , part 2 , division 4 , subdivision 3 . For subsection (3) (b) , a prescribed surveillance device is covertly used if use of the device is not openly acknowledged. To remove any doubt, it is declared that— this section does not limit the monitoring or use of a surveillance device at a corrective services facility, including the covert use of a surveillance device, authorised under another provision of this Act or another Act; and the use of a surveillance device under a surveillance device warrant under the Police Powers and Responsibilities Act 2000 , chapter 13 a person authorised by the chief executive under this section to use a prescribed surveillance device is using the device under this Act. In this section— prescribed surveillance device means a surveillance device prescribed by regulation for this definition. prisoner communication see section 52 (6) . surveillance device means a device capable of transmitting or recording sound, images or changes in an environment. a fixed or portable video camera, a camera drone, an intercom, a motion detector, a non-contact thermometer s 173A ins 2023 No. 14 s 19 amd 2024 No. 25 s 42 (sec.173A-ssec.1) The chief executive may authorise the use of a prescribed surveillance device at a corrective services facility to monitor and record activity in and around the facility only if satisfied the use is likely to enhance— the safety of prisoners, corrective services officers, visitors to the facility and the community; or the maintenance of security and good order at the facility; or the prevention of intimidation, corruption and the commission of other offences at the facility; or the detection of prohibited things entering, at or leaving the facility. (sec.173A-ssec.2) In authorising the use of a prescribed surveillance device at a corrective services facility, the chief executive must have regard to the privacy of prisoners, corrective services officers and visitors to the facility. (sec.173A-ssec.3) An authorisation under subsection (1) — must include requirements about the use, storage and destruction of recordings made by a prescribed surveillance device; and must not authorise the covert use of a prescribed surveillance device; and must not authorise the recording or monitoring of a prisoner communication that cannot be lawfully recorded or monitored under chapter 2 , part 2 , division 4 , subdivision 3 . (sec.173A-ssec.4) For subsection (3) (b) , a prescribed surveillance device is covertly used if use of the device is not openly acknowledged. (sec.173A-ssec.5) To remove any doubt, it is declared that— this section does not limit the monitoring or use of a surveillance device at a corrective services facility, including the covert use of a surveillance device, authorised under another provision of this Act or another Act; and the use of a surveillance device under a surveillance device warrant under the Police Powers and Responsibilities Act 2000 , chapter 13 a person authorised by the chief executive under this section to use a prescribed surveillance device is using the device under this Act. (sec.173A-ssec.6) In this section— prescribed surveillance device means a surveillance device prescribed by regulation for this definition. prisoner communication see section 52 (6) . surveillance device means a device capable of transmitting or recording sound, images or changes in an environment. a fixed or portable video camera, a camera drone, an intercom, a motion detector, a non-contact thermometer - (a) the safety of prisoners, corrective services officers, visitors to the facility and the community; or - (b) the maintenance of security and good order at the facility; or - (c) the prevention of intimidation, corruption and the commission of other offences at the facility; or - (d) the detection of prohibited things entering, at or leaving the facility. - (a) must include requirements about the use, storage and destruction of recordings made by a prescribed surveillance device; and - (b) must not authorise the covert use of a prescribed surveillance device; and - (c) must not authorise the recording or monitoring of a prisoner communication that cannot be lawfully recorded or monitored under chapter 2 , part 2 , division 4 , subdivision 3 . - (a) this section does not limit the monitoring or use of a surveillance device at a corrective services facility, including the covert use of a surveillance device, authorised under another provision of this Act or another Act; and Example— the use of a surveillance device under a surveillance device warrant under the Police Powers and Responsibilities Act 2000 , chapter 13 - (b) a person authorised by the chief executive under this section to use a prescribed surveillance device is using the device under this Act.