QLDIn ForceAct
Corrective Services Act 2006
sec.53Safety order
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### sec.53 Safety order
The chief executive may make an order (a safety order ) for a prisoner if—
an authorised practitioner advises the chief executive that the authorised practitioner reasonably believes there is a risk of the prisoner self harming or harming someone else; or
the chief executive reasonably believes—
there is a risk of the prisoner harming, or being harmed by, someone else; or
the safety order is necessary for the security or good order of the corrective services facility.
The safety order must not be for a period longer than 1 month.
The safety order must state the conditions, prescribed by regulation, that apply to the prisoner’s treatment.
The chief executive may limit the privileges of a prisoner during the period of the safety order if the chief executive reasonably believes that during the period—
it will not be practicable for the prisoner to receive privileges to the extent the prisoner would otherwise have received them; or
having regard to the purpose of the safety order, it is not desirable that the prisoner receive privileges to the extent the prisoner would otherwise have received them.
Without limiting subsection (3) , the safety order must also state the extent to which, as decided by the chief executive, the prisoner may receive privileges during the period of the safety order.
During the period of the safety order, the prisoner may be accommodated separately from other prisoners, including, for example, in a health centre at the corrective services facility.
If the prisoner is separated from other prisoners during the period of the safety order, the chief executive may provide for the prisoner’s reintegration, before the period ends—
into the mainstream prisoner population of the corrective services facility; or
into the routine that applied to the prisoner before the safety order took effect.
In this section—
health centre means a part of a corrective services facility where prisoners are treated and medication is dispensed.
s 53 amd 2009 No. 30 s 8 ; 2024 No. 25 s 3 sch 1 ; 2024 No. 24 s 11
(sec.53-ssec.1) The chief executive may make an order (a safety order ) for a prisoner if— an authorised practitioner advises the chief executive that the authorised practitioner reasonably believes there is a risk of the prisoner self harming or harming someone else; or the chief executive reasonably believes— there is a risk of the prisoner harming, or being harmed by, someone else; or the safety order is necessary for the security or good order of the corrective services facility.
(sec.53-ssec.2) The safety order must not be for a period longer than 1 month.
(sec.53-ssec.3) The safety order must state the conditions, prescribed by regulation, that apply to the prisoner’s treatment.
(sec.53-ssec.4) The chief executive may limit the privileges of a prisoner during the period of the safety order if the chief executive reasonably believes that during the period— it will not be practicable for the prisoner to receive privileges to the extent the prisoner would otherwise have received them; or having regard to the purpose of the safety order, it is not desirable that the prisoner receive privileges to the extent the prisoner would otherwise have received them.
(sec.53-ssec.5) Without limiting subsection (3) , the safety order must also state the extent to which, as decided by the chief executive, the prisoner may receive privileges during the period of the safety order.
(sec.53-ssec.6) During the period of the safety order, the prisoner may be accommodated separately from other prisoners, including, for example, in a health centre at the corrective services facility.
(sec.53-ssec.7) If the prisoner is separated from other prisoners during the period of the safety order, the chief executive may provide for the prisoner’s reintegration, before the period ends— into the mainstream prisoner population of the corrective services facility; or into the routine that applied to the prisoner before the safety order took effect.
(sec.53-ssec.8) In this section— health centre means a part of a corrective services facility where prisoners are treated and medication is dispensed.
- (a) an authorised practitioner advises the chief executive that the authorised practitioner reasonably believes there is a risk of the prisoner self harming or harming someone else; or
- (b) the chief executive reasonably believes— (i) there is a risk of the prisoner harming, or being harmed by, someone else; or (ii) the safety order is necessary for the security or good order of the corrective services facility.
- (i) there is a risk of the prisoner harming, or being harmed by, someone else; or
- (ii) the safety order is necessary for the security or good order of the corrective services facility.
- (i) there is a risk of the prisoner harming, or being harmed by, someone else; or
- (ii) the safety order is necessary for the security or good order of the corrective services facility.
- (a) it will not be practicable for the prisoner to receive privileges to the extent the prisoner would otherwise have received them; or
- (b) having regard to the purpose of the safety order, it is not desirable that the prisoner receive privileges to the extent the prisoner would otherwise have received them.
- (a) into the mainstream prisoner population of the corrective services facility; or
- (b) into the routine that applied to the prisoner before the safety order took effect.