This regulation sets operational rules for how corrective services run: where and how prisoners (especially Aboriginal and Torres Strait Islander prisoners) are accommodated, how searches, urine tests and imaging are conducted and recorded, what items are prohibited, and what obligations government grantees and officers must follow. It affects prisoners, corrective services officers, visitors, agencies that receive funding, and persons who handle recordings or privileged mail. The chief executive and corrective services officers make decisions and carry compliance, while prisoners and grantees face procedural and record‑keeping duties and penalties for breaches.
This regulation supplies the operational detail that implements and clarifies numerous functions and powers in the principal Corrective Services Act (the Act). Mechanically, it does the following (citations are to the regulation sections):
Prescribes accommodation priorities for Aboriginal and Torres Strait Islander prisoners, including a requirement to accommodate them as close as practicable to family and factors the chief executive must consider when judging practicability (s 3).
Sets minimum material and exercise entitlements for prisoners in separate confinement and requires the chief executive to keep a health-practitioner advice record when exercise is withheld (s 4).
Lists specific acts or omissions that constitute breaches of discipline under the Act (s 5), and requires the chief executive to give prisoners copies of register entries recording breaches (s 6).
Details what a safety order may regulate (separation, special needs, visits, property, program access and communications) and prescribes additional notification and visitation steps where the prisoner is Aboriginal or Torres Strait Islander (ss 7-8).
Establishes a defined search and testing regime: definitions for the division (including what counts as a women’s corrective services facility and the concept of a qualified corrective services officer) (s 8A); a process for prisoners to request modification of search/urine-testing procedures to accommodate gender diversity, culture, disability or history of abuse and the decision‑making/recording obligations of the chief executive (s 8B); and specific requirements for personal searches, searches requiring removal of clothing, body searches, urinalysis and how samples must be handled (ss 8C-12). Emergency exceptions and “reasonably believes” thresholds for safety are included across these provisions.
Current sections
Direct links to the current provisions in Corrective Services Regulation 2017.
79
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Corrective Services Regulation 2017 .
sec.2
Commencement
sec.2 Commencement
This regulation commences on 1 September 2017.
pt.2
Prisoners and other offenders
Prisoners and other offenders
pt.2-div.1
Accommodation
Accommodation
sec.3
Accommodation
sec.3 Accommodation
An Aboriginal or Torres Strait Islander prisoner is to be accommodated in a corrective services facility as close as practicable to the prisoner’s family unless the chief executive is satisfied the prisoner does not want to be accommodated near the prisoner’s family.
For an Aboriginal or Torres Strait Islander prisoner, the concept of family may be wider than is ordinarily understood because of the prisoner’s cultural background.
In deciding what is practicable, the chief executive must consider all relevant factors, including, for example—
whether the prisoner’s accommodation in the corrective services facility closest to the prisoner’s family would pose an unacceptable risk to the safety of persons, including the prisoner, in the facility; and
the prisoner’s security classification; and
any orders to which the prisoner is subject.
An Aboriginal prisoner who is subject to a maximum security order can not be accommodated in the corrective services facility closest to the prisoner’s family unless the corrective services facility contains a maximum security unit.
(sec.3-ssec.1) An Aboriginal or Torres Strait Islander prisoner is to be accommodated in a corrective services facility as close as practicable to the prisoner’s family unless the chief executive is satisfied the prisoner does not want to be accommodated near the prisoner’s family. For an Aboriginal or Torres Strait Islander prisoner, the concept of family may be wider than is ordinarily understood because of the prisoner’s cultural background.
(sec.3-ssec.2) In deciding what is practicable, the chief executive must consider all relevant factors, including, for example— whether the prisoner’s accommodation in the corrective services facility closest to the prisoner’s family would pose an unacceptable risk to the safety of persons, including the prisoner, in the facility; and the prisoner’s security classification; and any orders to which the prisoner is subject. An Aboriginal prisoner who is subject to a maximum security order can not be accommodated in the corrective services facility closest to the prisoner’s family unless the corrective services facility contains a maximum security unit.
(a) whether the prisoner’s accommodation in the corrective services facility closest to the prisoner’s family would pose an unacceptable risk to the safety of persons, including the prisoner, in the facility; and
(b) the prisoner’s security classification; and
(c) any orders to which the prisoner is subject. Example— An Aboriginal prisoner who is subject to a maximum security order can not be accommodated in the corrective services facility closest to the prisoner’s family unless the corrective services facility contains a maximum security unit.
sec.4
Separate confinement
sec.4 Separate confinement
The chief executive must ensure a prisoner undergoing separate confinement—
can access reticulated water, a toilet and shower facilities that, as far as practicable, are constructed in a way to prevent the prisoner from associating with other prisoners; and
is given the same type of mattress, sheets, blankets and pillow as the prisoner would have were the prisoner not in separate confinement; and
is given clothing appropriate for the prevailing conditions; and
is given the opportunity to exercise, in the fresh air, for at least 2 daylight hours a day, unless a health practitioner advises that it would not be in the interests of the prisoner’s health to exercise for a stated period or indefinitely.
The chief executive must keep a record of the advice received from a health practitioner under subsection (1) (d) .
s 4 amd 2023 Act No. 14 s 52 sch 1
(sec.4-ssec.1) The chief executive must ensure a prisoner undergoing separate confinement— can access reticulated water, a toilet and shower facilities that, as far as practicable, are constructed in a way to prevent the prisoner from associating with other prisoners; and is given the same type of mattress, sheets, blankets and pillow as the prisoner would have were the prisoner not in separate confinement; and is given clothing appropriate for the prevailing conditions; and is given the opportunity to exercise, in the fresh air, for at least 2 daylight hours a day, unless a health practitioner advises that it would not be in the interests of the prisoner’s health to exercise for a stated period or indefinitely.
(sec.4-ssec.2) The chief executive must keep a record of the advice received from a health practitioner under subsection (1) (d) .
(a) can access reticulated water, a toilet and shower facilities that, as far as practicable, are constructed in a way to prevent the prisoner from associating with other prisoners; and
(b) is given the same type of mattress, sheets, blankets and pillow as the prisoner would have were the prisoner not in separate confinement; and
(c) is given clothing appropriate for the prevailing conditions; and
(d) is given the opportunity to exercise, in the fresh air, for at least 2 daylight hours a day, unless a health practitioner advises that it would not be in the interests of the prisoner’s health to exercise for a stated period or indefinitely.
pt.2-div.2
Breaches of discipline
Breaches of discipline
sec.5
Breaches of discipline— Act , s 113
sec.5 Breaches of discipline— Act , s 113
For section 113 (1) of the Act , each of the following acts or omissions, if committed by a prisoner, is a breach of discipline—
contravening a lawful direction of a corrective services officer;
wilfully carrying out, in a careless or negligent way, something the prisoner is lawfully directed to do by a corrective services officer;
making something not expressly or impliedly approved as something the prisoner may make;
possessing or concealing something not expressly or impliedly approved as something the prisoner may possess;
knowingly consuming something not expressly or impliedly approved as something the prisoner may consume;
wilfully consuming or inhaling something likely to induce an intoxicated state, other than medication taken as prescribed by a health practitioner;
without the approval of a corrective services officer or health practitioner—
possessing or taking medication; or
giving or administering medication to another prisoner;
using abusive, indecent, insulting, obscene, offensive or threatening language in someone else’s presence;
acting in an indecent or offensive way in someone else’s presence;
acting in a way contrary to the security or good order of a corrective services facility;
making a complaint, other than a complaint to an official visitor or the chief inspector, about an act or omission of another prisoner or a corrective services officer, that is frivolous or vexatious;
organising or taking part in gambling;
without a corrective services officer’s approval, altering the prisoner’s appearance, or another prisoner’s appearance, so it significantly differs from the prisoner’s appearance described in the record kept under section 10 of the Act ;
wilfully damaging, destroying, removing or otherwise interfering with a video camera or other device used for monitoring part of the prison;
wilfully damaging or destroying clothing issued to the prisoner or another prisoner;
wilfully damaging or destroying property rented by the prisoner or another prisoner;
wilfully damaging or destroying any property that is part of a corrective services facility, or other property of the State in the facility;
obtaining another prisoner’s property, other than in circumstances expressly approved, or intentionally damaging another prisoner’s property;
sending mail purporting to be privileged mail if it is not privileged mail;
giving a positive test sample or being taken, under section 43 (4) of the Act , to have given a positive test sample;
attempting to do anything mentioned in paragraphs (a) to (s) .
s 5 amd 2023 Act No. 14 s 52 sch 1
(a) contravening a lawful direction of a corrective services officer;
(b) wilfully carrying out, in a careless or negligent way, something the prisoner is lawfully directed to do by a corrective services officer;
(c) making something not expressly or impliedly approved as something the prisoner may make;
(d) possessing or concealing something not expressly or impliedly approved as something the prisoner may possess;
(e) knowingly consuming something not expressly or impliedly approved as something the prisoner may consume;
(f) wilfully consuming or inhaling something likely to induce an intoxicated state, other than medication taken as prescribed by a health practitioner;
(g) without the approval of a corrective services officer or health practitioner— (i) possessing or taking medication; or (ii) giving or administering medication to another prisoner;
(i) possessing or taking medication; or
(ii) giving or administering medication to another prisoner;
(h) using abusive, indecent, insulting, obscene, offensive or threatening language in someone else’s presence;
(i) acting in an indecent or offensive way in someone else’s presence;
(j) acting in a way contrary to the security or good order of a corrective services facility;
(k) making a complaint, other than a complaint to an official visitor or the chief inspector, about an act or omission of another prisoner or a corrective services officer, that is frivolous or vexatious;
(l) organising or taking part in gambling;
(m) without a corrective services officer’s approval, altering the prisoner’s appearance, or another prisoner’s appearance, so it significantly differs from the prisoner’s appearance described in the record kept under section 10 of the Act ;
(n) wilfully damaging, destroying, removing or otherwise interfering with a video camera or other device used for monitoring part of the prison;
(o) wilfully damaging or destroying clothing issued to the prisoner or another prisoner;
(p) wilfully damaging or destroying property rented by the prisoner or another prisoner;
(q) wilfully damaging or destroying any property that is part of a corrective services facility, or other property of the State in the facility;
(r) obtaining another prisoner’s property, other than in circumstances expressly approved, or intentionally damaging another prisoner’s property;
(s) sending mail purporting to be privileged mail if it is not privileged mail;
(t) giving a positive test sample or being taken, under section 43 (4) of the Act , to have given a positive test sample;
(u) attempting to do anything mentioned in paragraphs (a) to (s) .
(i) possessing or taking medication; or
(ii) giving or administering medication to another prisoner;
sec.6
Prisoner to be given copy of details kept about breaches of discipline
sec.6 Prisoner to be given copy of details kept about breaches of discipline
The chief executive must give a prisoner a copy of the details contained in the register kept under section 120 of the Act for each breach of discipline it is decided the prisoner has committed.
The copy must be given to the prisoner as soon as practicable after the details are entered in the register.
(sec.6-ssec.1) The chief executive must give a prisoner a copy of the details contained in the register kept under section 120 of the Act for each breach of discipline it is decided the prisoner has committed.
(sec.6-ssec.2) The copy must be given to the prisoner as soon as practicable after the details are entered in the register.
pt.2-div.3
Safety orders
Safety orders
sec.7
Safety order conditions— Act , s 53
sec.7 Safety order conditions— Act , s 53
For section 53 (3) of the Act , the conditions are as follows—
the extent to which the prisoner is to be separated from other prisoners accommodated in the corrective services facility;
any special needs of the prisoner and how the needs must be met;
how and when the prisoner may receive visits;
the amount of property the prisoner may keep and access during the period of the safety order;
the prisoner’s access to approved activities, courses and programs;
the phone calls and electronic communications the prisoner may make.
(a) the extent to which the prisoner is to be separated from other prisoners accommodated in the corrective services facility;
(b) any special needs of the prisoner and how the needs must be met;
(c) how and when the prisoner may receive visits;
(d) the amount of property the prisoner may keep and access during the period of the safety order;
(e) the prisoner’s access to approved activities, courses and programs;
(f) the phone calls and electronic communications the prisoner may make.
sec.8
Safety order for Aboriginal or Torres Strait Islander prisoner
sec.8 Safety order for Aboriginal or Torres Strait Islander prisoner
After making a safety order for an Aboriginal or Torres Strait Islander prisoner, the chief executive must tell the following persons about making the order—
a cultural liaison officer;
if an Aboriginal or Torres Strait Islander elder, respected person or indigenous spiritual healer has been appointed for the corrective services facility—the elder, respected person or indigenous spiritual healer;
the person nominated by the prisoner as the prisoner’s contact person.
When telling the cultural liaison officer about making the safety order, the chief executive must ask the officer to visit the prisoner.
A failure to comply with subsection (1) or (2) does not invalidate the making of the safety order.
In this section—
cultural liaison officer means a corrective services officer who holds an appointment as a cultural liaison officer.
(sec.8-ssec.1) After making a safety order for an Aboriginal or Torres Strait Islander prisoner, the chief executive must tell the following persons about making the order— a cultural liaison officer; if an Aboriginal or Torres Strait Islander elder, respected person or indigenous spiritual healer has been appointed for the corrective services facility—the elder, respected person or indigenous spiritual healer; the person nominated by the prisoner as the prisoner’s contact person.
(sec.8-ssec.2) When telling the cultural liaison officer about making the safety order, the chief executive must ask the officer to visit the prisoner.
(sec.8-ssec.3) A failure to comply with subsection (1) or (2) does not invalidate the making of the safety order.
(sec.8-ssec.4) In this section— cultural liaison officer means a corrective services officer who holds an appointment as a cultural liaison officer.
(a) a cultural liaison officer;
(b) if an Aboriginal or Torres Strait Islander elder, respected person or indigenous spiritual healer has been appointed for the corrective services facility—the elder, respected person or indigenous spiritual healer;
(c) the person nominated by the prisoner as the prisoner’s contact person.
pt.2-div.4
Searches and test samples
Searches and test samples
sec.8A
Meaning of terms used in division
sec.8A Meaning of terms used in division
In this division—
men’s corrective services facility means a corrective services facility other than a women’s corrective services facility.
qualified corrective services officer means a corrective services officer who has successfully completed training approved by the chief executive for the taking of a test sample of urine for analysis.
women’s corrective services facility —
means a corrective services facility, or part of a corrective services facility, established as a women’s facility, centre or work camp; and
includes the following—
Brisbane Women’s Correctional Centre;
the women’s facilities at the Townsville Correctional Complex;
the women’s work camp at Bowen;
Numinbah Correctional Centre;
the women’s work camp at Warwick;
the women’s facilities at the Southern Queensland Correctional Complex;
Helana Jones Community Corrections Centre.
A reference in this division to a female corrective services officer, female health practitioner or female helper is a reference to a person who—
presents themselves in the relevant capacity as a female; or
is designated by the chief executive as a person who may exercise powers for which, respectively, a female corrective services officer, female health practitioner or female helper is required.
A reference in this division to a male corrective services officer, male health practitioner or male helper is a reference to a person who—
presents themselves in the relevant capacity as a male; or
is designated by the chief executive as a person who may exercise powers for which, respectively, a male corrective services officer, male health practitioner or male helper is required.
A reference in this division to a prisoner detained in a women’s corrective services facility includes a reference to a prisoner who—
is in the Princess Alexandra Hospital Secure Unit; and
has—
been transferred to the unit from a women’s corrective services facility; or
been designated by the chief executive as a prisoner who will be accommodated in a women’s corrective services facility.
A reference in this division to a prisoner detained in a corrective services facility includes a reference to the prisoner while the prisoner is, under the Act , lawfully outside the corrective services facility.
s 8A ins 2024 SL No. 187 s 5
(sec.8A-ssec.1) In this division— men’s corrective services facility means a corrective services facility other than a women’s corrective services facility. qualified corrective services officer means a corrective services officer who has successfully completed training approved by the chief executive for the taking of a test sample of urine for analysis. women’s corrective services facility — means a corrective services facility, or part of a corrective services facility, established as a women’s facility, centre or work camp; and includes the following— Brisbane Women’s Correctional Centre; the women’s facilities at the Townsville Correctional Complex; the women’s work camp at Bowen; Numinbah Correctional Centre; the women’s work camp at Warwick; the women’s facilities at the Southern Queensland Correctional Complex; Helana Jones Community Corrections Centre.
(sec.8A-ssec.2) A reference in this division to a female corrective services officer, female health practitioner or female helper is a reference to a person who— presents themselves in the relevant capacity as a female; or is designated by the chief executive as a person who may exercise powers for which, respectively, a female corrective services officer, female health practitioner or female helper is required.
(sec.8A-ssec.3) A reference in this division to a male corrective services officer, male health practitioner or male helper is a reference to a person who— presents themselves in the relevant capacity as a male; or is designated by the chief executive as a person who may exercise powers for which, respectively, a male corrective services officer, male health practitioner or male helper is required.
(sec.8A-ssec.4) A reference in this division to a prisoner detained in a women’s corrective services facility includes a reference to a prisoner who— is in the Princess Alexandra Hospital Secure Unit; and has— been transferred to the unit from a women’s corrective services facility; or been designated by the chief executive as a prisoner who will be accommodated in a women’s corrective services facility.
(sec.8A-ssec.5) A reference in this division to a prisoner detained in a corrective services facility includes a reference to the prisoner while the prisoner is, under the Act , lawfully outside the corrective services facility.
(a) means a corrective services facility, or part of a corrective services facility, established as a women’s facility, centre or work camp; and
(b) includes the following— (i) Brisbane Women’s Correctional Centre; (ii) the women’s facilities at the Townsville Correctional Complex; (iii) the women’s work camp at Bowen; (iv) Numinbah Correctional Centre; (v) the women’s work camp at Warwick; (vi) the women’s facilities at the Southern Queensland Correctional Complex; (vii) Helana Jones Community Corrections Centre.
(i) Brisbane Women’s Correctional Centre;
(ii) the women’s facilities at the Townsville Correctional Complex;
(iii) the women’s work camp at Bowen;
(iv) Numinbah Correctional Centre;
(v) the women’s work camp at Warwick;
(vi) the women’s facilities at the Southern Queensland Correctional Complex;
(vii) Helana Jones Community Corrections Centre.
(i) Brisbane Women’s Correctional Centre;
(ii) the women’s facilities at the Townsville Correctional Complex;
(iii) the women’s work camp at Bowen;
(iv) Numinbah Correctional Centre;
(v) the women’s work camp at Warwick;
(vi) the women’s facilities at the Southern Queensland Correctional Complex;
(vii) Helana Jones Community Corrections Centre.
(a) presents themselves in the relevant capacity as a female; or
(b) is designated by the chief executive as a person who may exercise powers for which, respectively, a female corrective services officer, female health practitioner or female helper is required.
(a) presents themselves in the relevant capacity as a male; or
(b) is designated by the chief executive as a person who may exercise powers for which, respectively, a male corrective services officer, male health practitioner or male helper is required.
(a) is in the Princess Alexandra Hospital Secure Unit; and
(b) has— (i) been transferred to the unit from a women’s corrective services facility; or (ii) been designated by the chief executive as a prisoner who will be accommodated in a women’s corrective services facility.
(i) been transferred to the unit from a women’s corrective services facility; or
(ii) been designated by the chief executive as a prisoner who will be accommodated in a women’s corrective services facility.
(i) been transferred to the unit from a women’s corrective services facility; or
(ii) been designated by the chief executive as a prisoner who will be accommodated in a women’s corrective services facility.
sec.8B
Modification of procedures to take account of needs of prisoner
sec.8B Modification of procedures to take account of needs of prisoner
A prisoner may request the modification of the usual search or urine test sample procedures to take account of the special or diverse needs of the prisoner.
To take account of needs associated with gender diversity, sexual orientation or a history of abuse, a prisoner may request a modification to enable powers to be exercised by a female or male corrective services officer, health practitioner or helper.
To take account of needs associated with cultural or religious practices, a prisoner may request a modification to enable a headdress to be searched in a particular way.
To take account of needs associated with a disability, a prisoner may request a modification to enable a prosthesis to remain in place or be searched in a particular way.
The prisoner must be given an opportunity to make the request—
on admission to a corrective services facility or as soon as practicable after admission; and
within reasonable limits, at a later time.
The chief executive must decide whether to accept a modification requested by the prisoner as soon as practicable after the request is made.
For a modification of a procedure requiring the exercise of powers by a female or male corrective services officer, health practitioner or helper—
the modification is limited to enabling the powers to be exercised by a male rather than female, or a female rather than male, corrective services officer, health practitioner or helper; and
See section 8A (2) and (3) in relation to the meaning of the terms female or male corrective services officer, health practitioner or helper.
the modification may, in the case of powers of search, be limited to the exercise of powers in relation to the upper body or lower body of the prisoner.
A modification requested by a prisoner must be accepted unless the chief executive reasonably believes—
the modification—
is not associated with the genuine needs of the prisoner; or
is requested for an improper purpose; or
accommodating the modification—
would not be practicable; or
would pose an unacceptable risk to the safety or welfare of corrective services officers or other persons; or
for a modification of search procedures—accommodating the modification would reduce the effectiveness of the search to an unacceptable extent.
The chief executive may withdraw the acceptance of a modification—
at the request of the prisoner; or
if the chief executive subsequently forms the opinion that the modification would not now be accepted if it were requested.
The chief executive must keep the following records—
a record of each accepted modification for a prisoner;
a record of each decision not to accept a modification requested by a prisoner and the reasons for the decision;
a record of the withdrawal of the acceptance of a modification for a prisoner and the reasons for the withdrawal.
The chief executive must, as soon as practicable after a record is made for a prisoner, inform the prisoner of the details of the record.
s 8B ins 2024 SL No. 187 s 5
(sec.8B-ssec.1) A prisoner may request the modification of the usual search or urine test sample procedures to take account of the special or diverse needs of the prisoner. To take account of needs associated with gender diversity, sexual orientation or a history of abuse, a prisoner may request a modification to enable powers to be exercised by a female or male corrective services officer, health practitioner or helper. To take account of needs associated with cultural or religious practices, a prisoner may request a modification to enable a headdress to be searched in a particular way. To take account of needs associated with a disability, a prisoner may request a modification to enable a prosthesis to remain in place or be searched in a particular way.
(sec.8B-ssec.2) The prisoner must be given an opportunity to make the request— on admission to a corrective services facility or as soon as practicable after admission; and within reasonable limits, at a later time.
(sec.8B-ssec.3) The chief executive must decide whether to accept a modification requested by the prisoner as soon as practicable after the request is made.
(sec.8B-ssec.4) For a modification of a procedure requiring the exercise of powers by a female or male corrective services officer, health practitioner or helper— the modification is limited to enabling the powers to be exercised by a male rather than female, or a female rather than male, corrective services officer, health practitioner or helper; and See section 8A (2) and (3) in relation to the meaning of the terms female or male corrective services officer, health practitioner or helper. the modification may, in the case of powers of search, be limited to the exercise of powers in relation to the upper body or lower body of the prisoner.
(sec.8B-ssec.5) A modification requested by a prisoner must be accepted unless the chief executive reasonably believes— the modification— is not associated with the genuine needs of the prisoner; or is requested for an improper purpose; or accommodating the modification— would not be practicable; or would pose an unacceptable risk to the safety or welfare of corrective services officers or other persons; or for a modification of search procedures—accommodating the modification would reduce the effectiveness of the search to an unacceptable extent.
(sec.8B-ssec.6) The chief executive may withdraw the acceptance of a modification— at the request of the prisoner; or if the chief executive subsequently forms the opinion that the modification would not now be accepted if it were requested.
(sec.8B-ssec.7) The chief executive must keep the following records— a record of each accepted modification for a prisoner; a record of each decision not to accept a modification requested by a prisoner and the reasons for the decision; a record of the withdrawal of the acceptance of a modification for a prisoner and the reasons for the withdrawal.
(sec.8B-ssec.8) The chief executive must, as soon as practicable after a record is made for a prisoner, inform the prisoner of the details of the record.
1 To take account of needs associated with gender diversity, sexual orientation or a history of abuse, a prisoner may request a modification to enable powers to be exercised by a female or male corrective services officer, health practitioner or helper.
2 To take account of needs associated with cultural or religious practices, a prisoner may request a modification to enable a headdress to be searched in a particular way.
3 To take account of needs associated with a disability, a prisoner may request a modification to enable a prosthesis to remain in place or be searched in a particular way.
(a) on admission to a corrective services facility or as soon as practicable after admission; and
(b) within reasonable limits, at a later time.
(a) the modification is limited to enabling the powers to be exercised by a male rather than female, or a female rather than male, corrective services officer, health practitioner or helper; and Note— See section 8A (2) and (3) in relation to the meaning of the terms female or male corrective services officer, health practitioner or helper.
(b) the modification may, in the case of powers of search, be limited to the exercise of powers in relation to the upper body or lower body of the prisoner.
(a) the modification— (i) is not associated with the genuine needs of the prisoner; or (ii) is requested for an improper purpose; or
(i) is not associated with the genuine needs of the prisoner; or
(ii) is requested for an improper purpose; or
(b) accommodating the modification— (i) would not be practicable; or (ii) would pose an unacceptable risk to the safety or welfare of corrective services officers or other persons; or
(i) would not be practicable; or
(ii) would pose an unacceptable risk to the safety or welfare of corrective services officers or other persons; or
(c) for a modification of search procedures—accommodating the modification would reduce the effectiveness of the search to an unacceptable extent.
(i) is not associated with the genuine needs of the prisoner; or
(ii) is requested for an improper purpose; or
(i) would not be practicable; or
(ii) would pose an unacceptable risk to the safety or welfare of corrective services officers or other persons; or
(a) at the request of the prisoner; or
(b) if the chief executive subsequently forms the opinion that the modification would not now be accepted if it were requested.
(a) a record of each accepted modification for a prisoner;
(b) a record of each decision not to accept a modification requested by a prisoner and the reasons for the decision;
(c) a record of the withdrawal of the acceptance of a modification for a prisoner and the reasons for the withdrawal.
sec.8C
Carrying out personal search or search requiring removal of clothing— Act , s 39A
sec.8C Carrying out personal search or search requiring removal of clothing— Act , s 39A
This section applies to the following—
a personal search of a prisoner;
a search requiring the removal of clothing of a prisoner.
Subject to this section, the search must be carried out in accordance with administrative procedures made under section 265 of the Act .
Subject to subsection (4) —
a prisoner detained in a women’s corrective services facility must be searched by a female corrective services officer; and
a prisoner detained in a men’s corrective services facility must be searched by a male corrective services officer.
For a personal search of a prisoner, whether a corrective services officer observing but not carrying out the search is a female or male corrective services officer is irrelevant.
For a search requiring the removal of clothing of a prisoner, only corrective services officers carrying out the search may be present—see section 9 .
The usual procedure for the search is subject to modifications accepted under section 8B .
However, subsection (4) does not apply if the chief executive reasonably believes accommodating the modification—
would pose an unacceptable risk to—
the security or good order of the place at which the search is carried out; or
the safety or welfare of the prisoner, a corrective services officer or other person; or
is not practicable.
s 8C ins 2024 SL No. 187 s 5
(sec.8C-ssec.1) This section applies to the following— a personal search of a prisoner; a search requiring the removal of clothing of a prisoner.
(sec.8C-ssec.2) Subject to this section, the search must be carried out in accordance with administrative procedures made under section 265 of the Act .
(sec.8C-ssec.3) Subject to subsection (4) — a prisoner detained in a women’s corrective services facility must be searched by a female corrective services officer; and a prisoner detained in a men’s corrective services facility must be searched by a male corrective services officer. For a personal search of a prisoner, whether a corrective services officer observing but not carrying out the search is a female or male corrective services officer is irrelevant. For a search requiring the removal of clothing of a prisoner, only corrective services officers carrying out the search may be present—see section 9 .
(sec.8C-ssec.4) The usual procedure for the search is subject to modifications accepted under section 8B .
(sec.8C-ssec.5) However, subsection (4) does not apply if the chief executive reasonably believes accommodating the modification— would pose an unacceptable risk to— the security or good order of the place at which the search is carried out; or the safety or welfare of the prisoner, a corrective services officer or other person; or is not practicable.
(a) a personal search of a prisoner;
(b) a search requiring the removal of clothing of a prisoner.
(a) a prisoner detained in a women’s corrective services facility must be searched by a female corrective services officer; and
(b) a prisoner detained in a men’s corrective services facility must be searched by a male corrective services officer.
(a) would pose an unacceptable risk to— (i) the security or good order of the place at which the search is carried out; or (ii) the safety or welfare of the prisoner, a corrective services officer or other person; or
(i) the security or good order of the place at which the search is carried out; or
(ii) the safety or welfare of the prisoner, a corrective services officer or other person; or
(b) is not practicable.
(i) the security or good order of the place at which the search is carried out; or
(ii) the safety or welfare of the prisoner, a corrective services officer or other person; or
sec.9
Additional requirements for search requiring removal of clothing— Act , s 39A
sec.9 Additional requirements for search requiring removal of clothing— Act , s 39A
A search requiring the removal of a prisoner’s clothing must not be carried out in the presence of a person other than the corrective services officers carrying out the search.
If the prisoner is detained in a women’s corrective services facility, steps must be taken to ensure that no male corrective services officer views the search through an electronic device that monitors the area in which the prisoner is searched.
If the prisoner is detained in a men’s corrective services facility, steps must be taken to ensure that no female corrective services officer views the search through an electronic device that monitors the area in which the prisoner is searched.
However, subsections (2) and (3) do not apply if the chief executive reasonably believes—
there is no suitable corrective services officer readily available to view the search through the electronic device that monitors the area in which the prisoner is searched; and
the search is being conducted in circumstances of imminent risk to the life or safety of the prisoner or a corrective services officer.
A corrective services officer carrying out the search may require the prisoner to do any or all of the following—
hold the prisoner’s arms in the air;
stand with prisoner’s legs apart;
lean forward.
s 9 amd 2024 SL No. 187 s 6
(sec.9-ssec.1) A search requiring the removal of a prisoner’s clothing must not be carried out in the presence of a person other than the corrective services officers carrying out the search.
(sec.9-ssec.2) If the prisoner is detained in a women’s corrective services facility, steps must be taken to ensure that no male corrective services officer views the search through an electronic device that monitors the area in which the prisoner is searched.
(sec.9-ssec.3) If the prisoner is detained in a men’s corrective services facility, steps must be taken to ensure that no female corrective services officer views the search through an electronic device that monitors the area in which the prisoner is searched.
(sec.9-ssec.4) However, subsections (2) and (3) do not apply if the chief executive reasonably believes— there is no suitable corrective services officer readily available to view the search through the electronic device that monitors the area in which the prisoner is searched; and the search is being conducted in circumstances of imminent risk to the life or safety of the prisoner or a corrective services officer.
(sec.9-ssec.5) A corrective services officer carrying out the search may require the prisoner to do any or all of the following— hold the prisoner’s arms in the air; stand with prisoner’s legs apart; lean forward.
(a) there is no suitable corrective services officer readily available to view the search through the electronic device that monitors the area in which the prisoner is searched; and
(b) the search is being conducted in circumstances of imminent risk to the life or safety of the prisoner or a corrective services officer.
(a) hold the prisoner’s arms in the air;
(b) stand with prisoner’s legs apart;
(c) lean forward.
sec.10
Dealing with recording of search requiring removal of clothing
sec.10 Dealing with recording of search requiring removal of clothing
The chief executive must ensure that a recording made of a search requiring the removal of clothing is kept securely.
A person must not show a recording made of a search requiring the removal of clothing to another person other than—
the prisoner or the prisoner’s lawyer; or
a health practitioner treating the prisoner; or
a person responsible for deciding if a proceeding is to be started for a search offence; or
an officer of a law enforcement agency investigating a search offence; or
an officer of a law enforcement agency, lawyer, prosecutor or witness involved in a proceeding for a search offence; or
a court; or
the chief executive or a person directed by the chief executive to view the recording; or
the chief inspector; or
an official visitor; or
a commissioner of the Crime and Corruption Commission; or
the ombudsman; or
the inspector of detention services; or
a person to whom the prisoner has consented to the recording being given.
Maximum penalty—20 penalty units.
In this section—
search offence means—
an offence involving something found during a search requiring the removal of clothing; or
an offence committed during a search requiring the removal of clothing.
s 10 amd 2023 Act No. 14 s 52 sch 1 ; 2023 SL No. 28 s 7 ; 2024 SL No. 187 s 7
(sec.10-ssec.1) The chief executive must ensure that a recording made of a search requiring the removal of clothing is kept securely.
(sec.10-ssec.2) A person must not show a recording made of a search requiring the removal of clothing to another person other than— the prisoner or the prisoner’s lawyer; or a health practitioner treating the prisoner; or a person responsible for deciding if a proceeding is to be started for a search offence; or an officer of a law enforcement agency investigating a search offence; or an officer of a law enforcement agency, lawyer, prosecutor or witness involved in a proceeding for a search offence; or a court; or the chief executive or a person directed by the chief executive to view the recording; or the chief inspector; or an official visitor; or a commissioner of the Crime and Corruption Commission; or the ombudsman; or the inspector of detention services; or a person to whom the prisoner has consented to the recording being given. Maximum penalty—20 penalty units.
(sec.10-ssec.3) In this section— search offence means— an offence involving something found during a search requiring the removal of clothing; or an offence committed during a search requiring the removal of clothing.
(a) the prisoner or the prisoner’s lawyer; or
(b) a health practitioner treating the prisoner; or
(c) a person responsible for deciding if a proceeding is to be started for a search offence; or
(d) an officer of a law enforcement agency investigating a search offence; or
(e) an officer of a law enforcement agency, lawyer, prosecutor or witness involved in a proceeding for a search offence; or
(f) a court; or
(g) the chief executive or a person directed by the chief executive to view the recording; or
(h) the chief inspector; or
(i) an official visitor; or
(j) a commissioner of the Crime and Corruption Commission; or
(k) the ombudsman; or
(l) the inspector of detention services; or
(m) a person to whom the prisoner has consented to the recording being given.
(a) an offence involving something found during a search requiring the removal of clothing; or
(b) an offence committed during a search requiring the removal of clothing.
sec.10A
Conduct of body search— Act , s 39A
sec.10A Conduct of body search— Act , s 39A
This section applies to a body search of a prisoner.
Subject to this section, the search must be conducted in accordance with administrative procedures made under section 265 of the Act .
Subject to this section—
if the prisoner is detained in a women’s corrective services facility—
at least 1 of the health practitioners present at the search must be a female health practitioner; and
a person helping to conduct the search must be a female helper; and
if the prisoner is detained in a men’s corrective services facility—
at least 1 of the health practitioners present at the search must be a male health practitioner; and
a person helping to conduct the search must be a male helper.
The usual procedure for the search is subject to modifications accepted under section 8B .
However, subsections (3) and (4) do not apply in an emergency.
s 10A ins 2024 SL No. 187 s 8
(sec.10A-ssec.1) This section applies to a body search of a prisoner.
(sec.10A-ssec.2) Subject to this section, the search must be conducted in accordance with administrative procedures made under section 265 of the Act .
(sec.10A-ssec.3) Subject to this section— if the prisoner is detained in a women’s corrective services facility— at least 1 of the health practitioners present at the search must be a female health practitioner; and a person helping to conduct the search must be a female helper; and if the prisoner is detained in a men’s corrective services facility— at least 1 of the health practitioners present at the search must be a male health practitioner; and a person helping to conduct the search must be a male helper.
(sec.10A-ssec.4) The usual procedure for the search is subject to modifications accepted under section 8B .
(sec.10A-ssec.5) However, subsections (3) and (4) do not apply in an emergency.
(a) if the prisoner is detained in a women’s corrective services facility— (i) at least 1 of the health practitioners present at the search must be a female health practitioner; and (ii) a person helping to conduct the search must be a female helper; and
(i) at least 1 of the health practitioners present at the search must be a female health practitioner; and
(ii) a person helping to conduct the search must be a female helper; and
(b) if the prisoner is detained in a men’s corrective services facility— (i) at least 1 of the health practitioners present at the search must be a male health practitioner; and (ii) a person helping to conduct the search must be a male helper.
(i) at least 1 of the health practitioners present at the search must be a male health practitioner; and
(ii) a person helping to conduct the search must be a male helper.
(i) at least 1 of the health practitioners present at the search must be a female health practitioner; and
(ii) a person helping to conduct the search must be a female helper; and
(i) at least 1 of the health practitioners present at the search must be a male health practitioner; and
(ii) a person helping to conduct the search must be a male helper.
sec.11
Urinalysis— Act , s 42
sec.11 Urinalysis— Act , s 42
This section applies to the giving of a test sample of urine by an offender.
The purpose of observation of an offender while the test sample is being given is to confirm the test sample belongs to the offender and is not tampered with.
Subject to this section, the testing process must be carried out in accordance with administrative procedures made under section 265 of the Act .
At least 2 qualified corrective services officers must be present during the giving of the test sample.
A corrective services officer who is not a qualified corrective services officer must not be present during the giving of the test sample.
If the offender is detained—
at least 1 of the corrective services officers must observe the offender while the test sample is being given; and
subject to paragraph (c) —
for an offender detained in a women’s corrective services facility—the officer observing must be a female corrective services officer; and
for an offender detained in a men’s corrective services facility—the officer observing must be a male corrective services officer; and
the usual procedure is subject to modifications accepted under section 8B unless the chief executive reasonably believes accommodating the modification—
would pose an unacceptable risk to the safety or welfare of the observer; or
is not practicable.
If the offender is not detained, observation of the offender while the test sample is being given is at the discretion of the chief executive.
If the offender is not detained and a corrective services officer is to observe the offender while the test sample is being given—
the offender must be given a reasonable opportunity to request that the observer be a female corrective services officer or a male corrective services officer; and
the request must be accommodated unless the chief executive reasonably believes—
the request is made for an improper purpose; or
accommodating the request—
would pose an unacceptable risk to the safety or welfare of the observer; or
is not practicable.
A corrective services officer who is present during the test but who is not to observe the offender while the test sample is being given must be able to see the observer.
s 11 sub 2024 SL No. 187 s 10
(sec.11-ssec.1) This section applies to the giving of a test sample of urine by an offender.
(sec.11-ssec.2) The purpose of observation of an offender while the test sample is being given is to confirm the test sample belongs to the offender and is not tampered with.
(sec.11-ssec.3) Subject to this section, the testing process must be carried out in accordance with administrative procedures made under section 265 of the Act .
(sec.11-ssec.4) At least 2 qualified corrective services officers must be present during the giving of the test sample.
(sec.11-ssec.5) A corrective services officer who is not a qualified corrective services officer must not be present during the giving of the test sample.
(sec.11-ssec.6) If the offender is detained— at least 1 of the corrective services officers must observe the offender while the test sample is being given; and subject to paragraph (c) — for an offender detained in a women’s corrective services facility—the officer observing must be a female corrective services officer; and for an offender detained in a men’s corrective services facility—the officer observing must be a male corrective services officer; and the usual procedure is subject to modifications accepted under section 8B unless the chief executive reasonably believes accommodating the modification— would pose an unacceptable risk to the safety or welfare of the observer; or is not practicable.
(sec.11-ssec.7) If the offender is not detained, observation of the offender while the test sample is being given is at the discretion of the chief executive.
(sec.11-ssec.8) If the offender is not detained and a corrective services officer is to observe the offender while the test sample is being given— the offender must be given a reasonable opportunity to request that the observer be a female corrective services officer or a male corrective services officer; and the request must be accommodated unless the chief executive reasonably believes— the request is made for an improper purpose; or accommodating the request— would pose an unacceptable risk to the safety or welfare of the observer; or is not practicable.
(sec.11-ssec.9) A corrective services officer who is present during the test but who is not to observe the offender while the test sample is being given must be able to see the observer.
(a) at least 1 of the corrective services officers must observe the offender while the test sample is being given; and
(b) subject to paragraph (c) — (i) for an offender detained in a women’s corrective services facility—the officer observing must be a female corrective services officer; and (ii) for an offender detained in a men’s corrective services facility—the officer observing must be a male corrective services officer; and
(i) for an offender detained in a women’s corrective services facility—the officer observing must be a female corrective services officer; and
(ii) for an offender detained in a men’s corrective services facility—the officer observing must be a male corrective services officer; and
(c) the usual procedure is subject to modifications accepted under section 8B unless the chief executive reasonably believes accommodating the modification— (i) would pose an unacceptable risk to the safety or welfare of the observer; or (ii) is not practicable.
(i) would pose an unacceptable risk to the safety or welfare of the observer; or
(ii) is not practicable.
(i) for an offender detained in a women’s corrective services facility—the officer observing must be a female corrective services officer; and
(ii) for an offender detained in a men’s corrective services facility—the officer observing must be a male corrective services officer; and
(i) would pose an unacceptable risk to the safety or welfare of the observer; or
(ii) is not practicable.
(a) the offender must be given a reasonable opportunity to request that the observer be a female corrective services officer or a male corrective services officer; and
(b) the request must be accommodated unless the chief executive reasonably believes— (i) the request is made for an improper purpose; or (ii) accommodating the request— (A) would pose an unacceptable risk to the safety or welfare of the observer; or (B) is not practicable.
(i) the request is made for an improper purpose; or
(ii) accommodating the request— (A) would pose an unacceptable risk to the safety or welfare of the observer; or (B) is not practicable.
(A) would pose an unacceptable risk to the safety or welfare of the observer; or
(B) is not practicable.
(i) the request is made for an improper purpose; or
(ii) accommodating the request— (A) would pose an unacceptable risk to the safety or welfare of the observer; or (B) is not practicable.
(A) would pose an unacceptable risk to the safety or welfare of the observer; or
(B) is not practicable.
(A) would pose an unacceptable risk to the safety or welfare of the observer; or
(B) is not practicable.
sec.12
How test sample must be taken— Act , s 42
sec.12 How test sample must be taken— Act , s 42
A corrective services officer taking a test sample from an offender must wear disposable gloves during all stages of taking the test sample until—
the test sample is disposed of; or
the container holding the test sample is sealed.
The offender must be able to observe the test sample at all times until it is disposed of or sealed in a container.
Immediately after an offender gives a test sample by using a specimen jar, the offender must secure the lid on the jar and hand the jar to a corrective services officer.
Under section 42 (2) of the Act , only a health practitioner may take a test sample of blood.
s 12 amd 2023 Act No. 14 s 52 sch 1 ; 2024 SL No. 187 s 11
(sec.12-ssec.1) A corrective services officer taking a test sample from an offender must wear disposable gloves during all stages of taking the test sample until— the test sample is disposed of; or the container holding the test sample is sealed.
(sec.12-ssec.2) The offender must be able to observe the test sample at all times until it is disposed of or sealed in a container.
(sec.12-ssec.3) Immediately after an offender gives a test sample by using a specimen jar, the offender must secure the lid on the jar and hand the jar to a corrective services officer. Under section 42 (2) of the Act , only a health practitioner may take a test sample of blood.
(a) the test sample is disposed of; or
(b) the container holding the test sample is sealed.
pt.2-div.5
Transfer and leave of absence
Transfer and leave of absence
sec.13
Transfer to another corrective services facility or a health institution
sec.13 Transfer to another corrective services facility or a health institution
A prisoner who is transferred to another corrective services facility or place, under an order made under section 68 (1) of the Act , may make 1 phone call and post 1 letter at the chief executive’s expense.
If a prisoner asks for an order for the prisoner’s transfer to be made under section 68 (1) of the Act and the order is not made, the chief executive must tell the prisoner about the decision.
(sec.13-ssec.1) A prisoner who is transferred to another corrective services facility or place, under an order made under section 68 (1) of the Act , may make 1 phone call and post 1 letter at the chief executive’s expense.
(sec.13-ssec.2) If a prisoner asks for an order for the prisoner’s transfer to be made under section 68 (1) of the Act and the order is not made, the chief executive must tell the prisoner about the decision.
sec.14
Purposes for interstate leave permit— Act , s 89
sec.14 Purposes for interstate leave permit— Act , s 89
For section 89 (1) of the Act , the purposes are—
to enable a prisoner to visit a person with whom the prisoner has had a longstanding personal relationship, if the person is seriously ill; and
to enable a prisoner to attend the funeral of a person with whom the prisoner has had a longstanding personal relationship; and
to enable a prisoner to do something else for compassionate reasons.
(a) to enable a prisoner to visit a person with whom the prisoner has had a longstanding personal relationship, if the person is seriously ill; and
(b) to enable a prisoner to attend the funeral of a person with whom the prisoner has had a longstanding personal relationship; and
(c) to enable a prisoner to do something else for compassionate reasons.
sec.15
Declaration of corresponding laws— Act , s 96
sec.15 Declaration of corresponding laws— Act , s 96
For section 96 of the Act , each of the following is declared to be a corresponding law for chapter 2 , part 2 , division 9 of the Act —
the Correctional Services Act 1982 (SA) , part 4 , division 5
the Correctional Services Act (NT) , part 3.3 , division 3
the Corrections Act 1986 (Vic) , part 8A
the Corrections Act 1997 (Tas) , part 6
the Crimes (Administration of Sentences) Act 1999 (NSW) , part 2 , division 3
the Crimes (Sentence Administration) Act 2005 (ACT) , chapter 11 , part 11.1
the Prisons Regulations 1982 (WA) , part V , division 10 .
Chapter 2 , part 2 , division 9 of the Act deals with interstate leave of absence for prisoners.
• the Correctional Services Act 1982 (SA) , part 4 , division 5
• the Correctional Services Act (NT) , part 3.3 , division 3
• the Corrections Act 1986 (Vic) , part 8A
• the Corrections Act 1997 (Tas) , part 6
• the Crimes (Administration of Sentences) Act 1999 (NSW) , part 2 , division 3
• the Crimes (Sentence Administration) Act 2005 (ACT) , chapter 11 , part 11.1
• the Prisons Regulations 1982 (WA) , part V , division 10 .
pt.2-div.6
Other provisions about prisoners
Other provisions about prisoners
sec.16
Maximum security order
sec.16 Maximum security order
If the chief executive knows, or reasonably believes, that a prisoner has a mental health condition or intellectual disability, the chief executive must notify a health practitioner before making a maximum security order in relation to the prisoner.
sec.17
Privileged mail
sec.17 Privileged mail
For schedule 4 of the Act , definition privileged mail , the following are the persons—
the Minister;
a member of the Legislative Assembly;
the chief executive or a nominee of the chief executive for the purpose of receiving or sending privileged mail;
the chief inspector;
the ombudsman under the Ombudsman Act 2001 ;
the Commonwealth Ombudsman;
the health ombudsman under the Health Ombudsman Act 2013 ;
the information commissioner and RTI commissioner under the Right to Information Act 2009 and the privacy commissioner under the Information Privacy Act 2009 ;
the Attorney-General of the Commonwealth;
the commissioner under the Anti-Discrimination Act 1991 ;
The commissioner also has powers under the Human Rights Act 2019 .
the president of the Human Rights and Equal Opportunity Commission;
the director of public prosecutions under the Director of Public Prosecutions Act 1984 ;
the principal registrar, a registrar or other administrative staff of the Queensland Civil and Administrative Tribunal Registry under the QCAT Act ;
the public guardian under the Public Guardian Act 2014 ;
a person appointed under the Public Guardian Act 2014 as a community visitor (child);
a person appointed under the Public Guardian Act 2014 as a child advocacy officer;
a member of a Royal Commission or another commission of inquiry;
a registrar or clerk of a court;
an officer of the Parole Board Queensland Secretariat;
an officer of a law enforcement agency;
an official visitor;
a prisoner’s lawyer;
the chief executive officer of the National Disability Insurance Agency;
the commissioner of the NDIS Quality and Safeguards Commission under the National Disability Insurance Scheme Act 2013 (Cwlth) ;
the inspector of detention services;
an officer of the Commonwealth department in which the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) is administered.
A prisoner must, if practicable, send privileged mail in a blue envelope to help in identifying it as privileged mail.
A corrective services officer must give a prisoner a blue envelope on request.
In this section—
National Disability Insurance Agency means the Agency under the National Disability Insurance Scheme Act 2013 (Cwlth) .
s 17 amd 2019 Act No. 5 s 131 ; 2021 SL No. 97 s 3 ; 2023 SL No. 28 s 8 ; 2024 SL No. 72 s 3
(sec.17-ssec.1) For schedule 4 of the Act , definition privileged mail , the following are the persons— the Minister; a member of the Legislative Assembly; the chief executive or a nominee of the chief executive for the purpose of receiving or sending privileged mail; the chief inspector; the ombudsman under the Ombudsman Act 2001 ; the Commonwealth Ombudsman; the health ombudsman under the Health Ombudsman Act 2013 ; the information commissioner and RTI commissioner under the Right to Information Act 2009 and the privacy commissioner under the Information Privacy Act 2009 ; the Attorney-General of the Commonwealth; the commissioner under the Anti-Discrimination Act 1991 ; The commissioner also has powers under the Human Rights Act 2019 . the president of the Human Rights and Equal Opportunity Commission; the director of public prosecutions under the Director of Public Prosecutions Act 1984 ; the principal registrar, a registrar or other administrative staff of the Queensland Civil and Administrative Tribunal Registry under the QCAT Act ; the public guardian under the Public Guardian Act 2014 ; a person appointed under the Public Guardian Act 2014 as a community visitor (child); a person appointed under the Public Guardian Act 2014 as a child advocacy officer; a member of a Royal Commission or another commission of inquiry; a registrar or clerk of a court; an officer of the Parole Board Queensland Secretariat; an officer of a law enforcement agency; an official visitor; a prisoner’s lawyer; the chief executive officer of the National Disability Insurance Agency; the commissioner of the NDIS Quality and Safeguards Commission under the National Disability Insurance Scheme Act 2013 (Cwlth) ; the inspector of detention services; an officer of the Commonwealth department in which the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) is administered.
(sec.17-ssec.2) A prisoner must, if practicable, send privileged mail in a blue envelope to help in identifying it as privileged mail.
(sec.17-ssec.3) A corrective services officer must give a prisoner a blue envelope on request.
(sec.17-ssec.4) In this section— National Disability Insurance Agency means the Agency under the National Disability Insurance Scheme Act 2013 (Cwlth) .
(a) the Minister;
(b) a member of the Legislative Assembly;
(c) the chief executive or a nominee of the chief executive for the purpose of receiving or sending privileged mail;
(d) the chief inspector;
(e) the ombudsman under the Ombudsman Act 2001 ;
(f) the Commonwealth Ombudsman;
(g) the health ombudsman under the Health Ombudsman Act 2013 ;
(h) the information commissioner and RTI commissioner under the Right to Information Act 2009 and the privacy commissioner under the Information Privacy Act 2009 ;
(i) the Attorney-General of the Commonwealth;
(j) the commissioner under the Anti-Discrimination Act 1991 ; Note— The commissioner also has powers under the Human Rights Act 2019 .
(k) the president of the Human Rights and Equal Opportunity Commission;
(l) the director of public prosecutions under the Director of Public Prosecutions Act 1984 ;
(m) the principal registrar, a registrar or other administrative staff of the Queensland Civil and Administrative Tribunal Registry under the QCAT Act ;
(n) the public guardian under the Public Guardian Act 2014 ;
(o) a person appointed under the Public Guardian Act 2014 as a community visitor (child);
(p) a person appointed under the Public Guardian Act 2014 as a child advocacy officer;
(q) a member of a Royal Commission or another commission of inquiry;
(r) a registrar or clerk of a court;
(s) an officer of the Parole Board Queensland Secretariat;
(t) an officer of a law enforcement agency;
(u) an official visitor;
(v) a prisoner’s lawyer;
(w) the chief executive officer of the National Disability Insurance Agency;
(x) the commissioner of the NDIS Quality and Safeguards Commission under the National Disability Insurance Scheme Act 2013 (Cwlth) ;
(y) the inspector of detention services;
(z) an officer of the Commonwealth department in which the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) is administered.
For schedule 4 of the Act , definition privileges , the following are privileges for a prisoner—
participating in an activity, course or program;
making or receiving phone calls, other than phone calls to or from—
the prisoner’s lawyer; or
the ombudsman; or
the inspector of detention services;
associating with a particular prisoner or group of prisoners;
using electronic media or an entertainment device;
using a musical instrument;
using library facilities;
buying anything other than essential toiletries, writing materials and stamps;
accessing the prisoner’s property;
receiving a contact visit.
s 18 amd 2023 SL No. 28 s 9
(a) participating in an activity, course or program;
(b) making or receiving phone calls, other than phone calls to or from— (i) the prisoner’s lawyer; or (ii) the ombudsman; or (iii) the inspector of detention services;
(i) the prisoner’s lawyer; or
(ii) the ombudsman; or
(iii) the inspector of detention services;
(c) associating with a particular prisoner or group of prisoners;
(d) using electronic media or an entertainment device;
(e) using a musical instrument;
(f) using library facilities;
(g) buying anything other than essential toiletries, writing materials and stamps;
(h) accessing the prisoner’s property;
(i) receiving a contact visit.
(i) the prisoner’s lawyer; or
(ii) the ombudsman; or
(iii) the inspector of detention services;
sec.19
Prohibited things— Act , s 123
sec.19 Prohibited things— Act , s 123
For section 123 (1) of the Act , each of the following is a prohibited thing—
a weapon, replica of a weapon or other replica under the Weapons Act 1990 ;
an explosive or ammunition under the Explosives Act 1999 ;
a flammable substance;
anything capable of being used to scale a fence, wall, door or gate;
grappling hook, ladder, rope
anything capable of cutting or spreading metal bars;
anything capable of damaging or destroying a fitting or fixture designed to detain prisoners;
a key, card, or other device capable of opening a mechanical or electronic lock;
soap or another substance containing an impression of a prohibited thing, including, for example, a key;
a knife, a saw, scissors or another cutting implement;
kitchen utensils or equipment or tools;
a spirituous or fermented fluid or substance of an intoxicating nature;
a drug or medicine;
a syringe or other device capable of administering a drug;
cash, a credit card, debit card, cheque or money order or another negotiable instrument;
a document containing a person’s credit card or debit card details;
a form of identification, including, for example, false identification;
a passport, or a document that appears to be a passport
anything capable of being used to alter a prisoner’s appearance so that it significantly differs from the prisoner’s appearance described in the record kept under section 10 of the Act ;
a tattooing device
a communication device;
a computer, modem, phone, radio, radio scanner or universal serial bus (commonly known as a ‘usb’)
a device capable of enabling a prisoner to access information that could be a risk to the security of a corrective services facility;
a computer game classified as an “R 18+” computer game under the Classification of Computer Games and Images Act 1995 , an objectionable computer game under that Act, or a computer game that, if it were classified under that Act, would be classified as an “R 18+” computer game or an objectionable computer game;
a film classified as an “R 18+” film under the Classification of Films Act 1991 , an objectionable film under that Act, or a film that, if it were classified under that Act, would be classified as an “R 18+” film or an objectionable film;
a prohibited publication under the Classification of Publications Act 1991 ;
anything modified from its usual form to enable something to be concealed in it;
anything that poses a risk to the security or good order of a corrective services facility, including, for example, a drawing, plan or photo of the facility;
a smoking product under the Tobacco and Other Smoking Products Act 1998 , section 88 ;
a smokeless tobacco product under the Tobacco and Other Smoking Products Act 1998 ;
a drone;
a device for remotely piloting, or otherwise controlling, a drone;
any part of a thing mentioned in paragraphs (a) to (zab) .
In this section—
drone means a device that is—
capable of flight; and
remotely piloted or able to be programmed to autonomously fly a particular route; and
not capable of transporting a person.
s 19 amd 2018 SL No. 6 s 4 ; 2023 Act No. 14 s 38 ; 2021 SL No. 111 s 18 (amd 2023 SL No. 82 s 13 )
(sec.19-ssec.1) For section 123 (1) of the Act , each of the following is a prohibited thing— a weapon, replica of a weapon or other replica under the Weapons Act 1990 ; an explosive or ammunition under the Explosives Act 1999 ; a flammable substance; anything capable of being used to scale a fence, wall, door or gate; grappling hook, ladder, rope anything capable of cutting or spreading metal bars; anything capable of damaging or destroying a fitting or fixture designed to detain prisoners; a key, card, or other device capable of opening a mechanical or electronic lock; soap or another substance containing an impression of a prohibited thing, including, for example, a key; a knife, a saw, scissors or another cutting implement; kitchen utensils or equipment or tools; a spirituous or fermented fluid or substance of an intoxicating nature; a drug or medicine; a syringe or other device capable of administering a drug; cash, a credit card, debit card, cheque or money order or another negotiable instrument; a document containing a person’s credit card or debit card details; a form of identification, including, for example, false identification; a passport, or a document that appears to be a passport anything capable of being used to alter a prisoner’s appearance so that it significantly differs from the prisoner’s appearance described in the record kept under section 10 of the Act ; a tattooing device a communication device; a computer, modem, phone, radio, radio scanner or universal serial bus (commonly known as a ‘usb’) a device capable of enabling a prisoner to access information that could be a risk to the security of a corrective services facility; a computer game classified as an “R 18+” computer game under the Classification of Computer Games and Images Act 1995 , an objectionable computer game under that Act, or a computer game that, if it were classified under that Act, would be classified as an “R 18+” computer game or an objectionable computer game; a film classified as an “R 18+” film under the Classification of Films Act 1991 , an objectionable film under that Act, or a film that, if it were classified under that Act, would be classified as an “R 18+” film or an objectionable film; a prohibited publication under the Classification of Publications Act 1991 ; anything modified from its usual form to enable something to be concealed in it; anything that poses a risk to the security or good order of a corrective services facility, including, for example, a drawing, plan or photo of the facility; a smoking product under the Tobacco and Other Smoking Products Act 1998 , section 88 ; a smokeless tobacco product under the Tobacco and Other Smoking Products Act 1998 ; a drone; a device for remotely piloting, or otherwise controlling, a drone; any part of a thing mentioned in paragraphs (a) to (zab) .
(sec.19-ssec.2) In this section— drone means a device that is— capable of flight; and remotely piloted or able to be programmed to autonomously fly a particular route; and not capable of transporting a person.
(a) a weapon, replica of a weapon or other replica under the Weapons Act 1990 ;
(b) an explosive or ammunition under the Explosives Act 1999 ;
(c) a flammable substance;
(d) anything capable of being used to scale a fence, wall, door or gate; Examples— grappling hook, ladder, rope
(e) anything capable of cutting or spreading metal bars;
(f) anything capable of damaging or destroying a fitting or fixture designed to detain prisoners;
(g) a key, card, or other device capable of opening a mechanical or electronic lock;
(h) soap or another substance containing an impression of a prohibited thing, including, for example, a key;
(i) a knife, a saw, scissors or another cutting implement;
(j) kitchen utensils or equipment or tools;
(k) a spirituous or fermented fluid or substance of an intoxicating nature;
(l) a drug or medicine;
(m) a syringe or other device capable of administering a drug;
(n) cash, a credit card, debit card, cheque or money order or another negotiable instrument;
(o) a document containing a person’s credit card or debit card details;
(p) a form of identification, including, for example, false identification; Example— a passport, or a document that appears to be a passport
(q) anything capable of being used to alter a prisoner’s appearance so that it significantly differs from the prisoner’s appearance described in the record kept under section 10 of the Act ; Example— a tattooing device
(r) a communication device; Example— a computer, modem, phone, radio, radio scanner or universal serial bus (commonly known as a ‘usb’)
(s) a device capable of enabling a prisoner to access information that could be a risk to the security of a corrective services facility;
(t) a computer game classified as an “R 18+” computer game under the Classification of Computer Games and Images Act 1995 , an objectionable computer game under that Act, or a computer game that, if it were classified under that Act, would be classified as an “R 18+” computer game or an objectionable computer game;
(u) a film classified as an “R 18+” film under the Classification of Films Act 1991 , an objectionable film under that Act, or a film that, if it were classified under that Act, would be classified as an “R 18+” film or an objectionable film;
(v) a prohibited publication under the Classification of Publications Act 1991 ;
(w) anything modified from its usual form to enable something to be concealed in it;
(x) anything that poses a risk to the security or good order of a corrective services facility, including, for example, a drawing, plan or photo of the facility;
(y) a smoking product under the Tobacco and Other Smoking Products Act 1998 , section 88 ;
(z) a smokeless tobacco product under the Tobacco and Other Smoking Products Act 1998 ;
(zaa) a drone;
(zab) a device for remotely piloting, or otherwise controlling, a drone;
(za) any part of a thing mentioned in paragraphs (a) to (zab) .
(a) capable of flight; and
(b) remotely piloted or able to be programmed to autonomously fly a particular route; and
(c) not capable of transporting a person.
sec.20
Records of prisoners’ deaths— Act , s 24
sec.20 Records of prisoners’ deaths— Act , s 24
For section 24 (2) of the Act , the following are the records—
the prisoner’s name and identification number;
the time, date and place of the prisoner’s death;
the times and dates on which the persons mentioned in section 24 (1) of the Act were notified of the prisoner’s death;
the date inspectors were appointed under section 295 of the Act to investigate the prisoner’s death and the inspectors’ names;
the cause of death recorded on the cause of death certificate issued under the Births, Deaths and Marriages Registration Act 2023 .
s 20 amd 2023 Act No. 17 s 182 s ch 3 pt 1
(a) the prisoner’s name and identification number;
(b) the time, date and place of the prisoner’s death;
(c) the times and dates on which the persons mentioned in section 24 (1) of the Act were notified of the prisoner’s death;
(d) the date inspectors were appointed under section 295 of the Act to investigate the prisoner’s death and the inspectors’ names;
(e) the cause of death recorded on the cause of death certificate issued under the Births, Deaths and Marriages Registration Act 2023 .
pt.3
Corrective services facilities
Corrective services facilities
pt.3-div.1
Establishing prisons
Establishing prisons
sec.21
Establishment— Act , s 149
sec.21 Establishment— Act , s 149
For section 149 (1) of the Act —
each place described in schedule 1 , column 2 is declared to be a prison; and
the name assigned to the prison is the name stated opposite the place in schedule 1 , column 1.
A plan mentioned in schedule 1 is a plan registered in the department in which the Land Title Act 1994 is administered.
(sec.21-ssec.1) For section 149 (1) of the Act — each place described in schedule 1 , column 2 is declared to be a prison; and the name assigned to the prison is the name stated opposite the place in schedule 1 , column 1.
(sec.21-ssec.2) A plan mentioned in schedule 1 is a plan registered in the department in which the Land Title Act 1994 is administered.
(a) each place described in schedule 1 , column 2 is declared to be a prison; and
(b) the name assigned to the prison is the name stated opposite the place in schedule 1 , column 1.
pt.3-div.2
Visiting corrective services facilities
Visiting corrective services facilities
sec.22
Visitor identification— Act , s 160
sec.22 Visitor identification— Act , s 160
For section 160 (1) of the Act , the way in which each visitor is to prove the visitor’s identity is—
by producing any 3 of the following—
a current debit card, credit card or bankbook with the visitor’s name and signature;
the visitor’s current pension card or other social security card;
the visitor’s current medicare card;
the visitor’s birth certificate;
a statutory declaration witnessed by a justice of the peace or commissioner for declarations identifying the visitor by name and signature; or
the visitor’s current driver’s licence; or
a letter identifying the visitor by name, signed by a member of an Aboriginal or Torres Strait Islander organisation; or
an identification card, containing the visitor’s photo, issued by—
the chief executive; or
a law enforcement agency; or
the Supreme Court; or
a State government entity; or
an educational facility; or
the visitor’s current passport.
Despite subsection (1) , a visitor who is a child may prove the visitor’s identity by producing any 1 of the identification documents mentioned in subsection (1) (a) .
If a visitor is an unaccompanied child who can not prove the visitor’s identity in a way mentioned in subsection (1) or (2) , the visitor may prove the visitor’s identity by answering questions about the visitor, or the prisoner, that sufficiently identify the visitor.
s 22 amd 2024 SL No. 187 s 13
(sec.22-ssec.1) For section 160 (1) of the Act , the way in which each visitor is to prove the visitor’s identity is— by producing any 3 of the following— a current debit card, credit card or bankbook with the visitor’s name and signature; the visitor’s current pension card or other social security card; the visitor’s current medicare card; the visitor’s birth certificate; a statutory declaration witnessed by a justice of the peace or commissioner for declarations identifying the visitor by name and signature; or the visitor’s current driver’s licence; or a letter identifying the visitor by name, signed by a member of an Aboriginal or Torres Strait Islander organisation; or an identification card, containing the visitor’s photo, issued by— the chief executive; or a law enforcement agency; or the Supreme Court; or a State government entity; or an educational facility; or the visitor’s current passport.
(sec.22-ssec.2) Despite subsection (1) , a visitor who is a child may prove the visitor’s identity by producing any 1 of the identification documents mentioned in subsection (1) (a) .
(sec.22-ssec.3) If a visitor is an unaccompanied child who can not prove the visitor’s identity in a way mentioned in subsection (1) or (2) , the visitor may prove the visitor’s identity by answering questions about the visitor, or the prisoner, that sufficiently identify the visitor.
(a) by producing any 3 of the following— (i) a current debit card, credit card or bankbook with the visitor’s name and signature; (ii) the visitor’s current pension card or other social security card; (iii) the visitor’s current medicare card; (iv) the visitor’s birth certificate; (v) a statutory declaration witnessed by a justice of the peace or commissioner for declarations identifying the visitor by name and signature; or
(i) a current debit card, credit card or bankbook with the visitor’s name and signature;
(ii) the visitor’s current pension card or other social security card;
(iii) the visitor’s current medicare card;
(iv) the visitor’s birth certificate;
(v) a statutory declaration witnessed by a justice of the peace or commissioner for declarations identifying the visitor by name and signature; or
(b) the visitor’s current driver’s licence; or
(c) a letter identifying the visitor by name, signed by a member of an Aboriginal or Torres Strait Islander organisation; or
(d) an identification card, containing the visitor’s photo, issued by— (i) the chief executive; or (ii) a law enforcement agency; or (iii) the Supreme Court; or (iv) a State government entity; or (v) an educational facility; or
(i) the chief executive; or
(ii) a law enforcement agency; or
(iii) the Supreme Court; or
(iv) a State government entity; or
(v) an educational facility; or
(e) the visitor’s current passport.
(i) a current debit card, credit card or bankbook with the visitor’s name and signature;
(ii) the visitor’s current pension card or other social security card;
(iii) the visitor’s current medicare card;
(iv) the visitor’s birth certificate;
(v) a statutory declaration witnessed by a justice of the peace or commissioner for declarations identifying the visitor by name and signature; or
(i) the chief executive; or
(ii) a law enforcement agency; or
(iii) the Supreme Court; or
(iv) a State government entity; or
(v) an educational facility; or
sec.23
Visit by child
sec.23 Visit by child
In considering if it is in a child’s best interests to visit a prisoner, the chief executive may consider all relevant factors, including, for example, the following—
the child’s relationship to the prisoner;
the child’s age;
any urgent circumstances relating to the child or prisoner;
the reason for the child’s visit;
any relevant court orders;
whether the child’s parent or guardian has consented to the visit.
Subsection (1) applies regardless of whether the child is accompanied or unaccompanied by an adult.
(sec.23-ssec.1) In considering if it is in a child’s best interests to visit a prisoner, the chief executive may consider all relevant factors, including, for example, the following— the child’s relationship to the prisoner; the child’s age; any urgent circumstances relating to the child or prisoner; the reason for the child’s visit; any relevant court orders; whether the child’s parent or guardian has consented to the visit.
(sec.23-ssec.2) Subsection (1) applies regardless of whether the child is accompanied or unaccompanied by an adult.
(a) the child’s relationship to the prisoner;
(b) the child’s age;
(c) any urgent circumstances relating to the child or prisoner;
(d) the reason for the child’s visit;
(e) any relevant court orders;
(f) whether the child’s parent or guardian has consented to the visit.
sec.24
Visit by elder, respected person or spiritual healer
sec.24 Visit by elder, respected person or spiritual healer
An Aboriginal or Torres Strait Islander elder, respected person or indigenous spiritual healer appointed for a corrective services facility must be allowed to visit a prisoner at the facility if the elder, respected person or spiritual healer is culturally or spiritually relevant to the prisoner.
The elder, respected person or spiritual healer must be allowed to visit the prisoner out of the hearing, but not out of the sight, of a corrective services officer.
(sec.24-ssec.1) An Aboriginal or Torres Strait Islander elder, respected person or indigenous spiritual healer appointed for a corrective services facility must be allowed to visit a prisoner at the facility if the elder, respected person or spiritual healer is culturally or spiritually relevant to the prisoner.
(sec.24-ssec.2) The elder, respected person or spiritual healer must be allowed to visit the prisoner out of the hearing, but not out of the sight, of a corrective services officer.
sec.25
Visit by religious visitor
sec.25 Visit by religious visitor
A religious visitor must be allowed to visit a prisoner out of the hearing, but not out of the sight, of a corrective services officer.
sec.26
Prisoner to prisoner visit
sec.26 Prisoner to prisoner visit
The chief executive may allow a prisoner (the visiting prisoner ) to visit another prisoner who is a relative of the visiting prisoner if it is operationally feasible.
In considering whether it is operationally feasible, the chief executive must consider all relevant factors, including, for example—
if the 2 prisoners are not accommodated at the same corrective services facility—
the distance between the corrective services facilities in which the prisoners are accommodated; and
the risk of the visiting prisoner escaping, or attempting to escape, during the transfer between the corrective services facilities and while visiting; and
the prisoners’ security classifications; and
whether the visit could pose a risk to the security or good order of a corrective services facility.
If the chief executive has decided to allow a visit as mentioned in subsection (1) , the chief executive must, on the day of the proposed visit, again consider whether the visit could pose a risk to the security or good order of a corrective services facility.
(sec.26-ssec.1) The chief executive may allow a prisoner (the visiting prisoner ) to visit another prisoner who is a relative of the visiting prisoner if it is operationally feasible.
(sec.26-ssec.2) In considering whether it is operationally feasible, the chief executive must consider all relevant factors, including, for example— if the 2 prisoners are not accommodated at the same corrective services facility— the distance between the corrective services facilities in which the prisoners are accommodated; and the risk of the visiting prisoner escaping, or attempting to escape, during the transfer between the corrective services facilities and while visiting; and the prisoners’ security classifications; and whether the visit could pose a risk to the security or good order of a corrective services facility.
(sec.26-ssec.3) If the chief executive has decided to allow a visit as mentioned in subsection (1) , the chief executive must, on the day of the proposed visit, again consider whether the visit could pose a risk to the security or good order of a corrective services facility.
(a) if the 2 prisoners are not accommodated at the same corrective services facility— (i) the distance between the corrective services facilities in which the prisoners are accommodated; and (ii) the risk of the visiting prisoner escaping, or attempting to escape, during the transfer between the corrective services facilities and while visiting; and
(i) the distance between the corrective services facilities in which the prisoners are accommodated; and
(ii) the risk of the visiting prisoner escaping, or attempting to escape, during the transfer between the corrective services facilities and while visiting; and
(b) the prisoners’ security classifications; and
(c) whether the visit could pose a risk to the security or good order of a corrective services facility.
(i) the distance between the corrective services facilities in which the prisoners are accommodated; and
(ii) the risk of the visiting prisoner escaping, or attempting to escape, during the transfer between the corrective services facilities and while visiting; and
pt.3-div.2A
Electronic surveillance
Electronic surveillance
sec.26AA
Prescribed surveillance device— Act , s 173A
sec.26AA Prescribed surveillance device— Act , s 173A
For section 173A (6) of the Act , definition prescribed surveillance device , each of the following surveillance devices is prescribed—
a camera, including a camera of any of the following types—
a body-worn camera;
a camcorder;
a closed-circuit television camera;
a dashboard camera;
a key fob camera;
a thermal camera, including a thermal closed-circuit television camera;
a web camera;
a duress alarm capable of recording voices;
an intercom system;
a microphone, including a radio or wireless microphone;
a system for detecting the presence or movement of a person or thing in, or from, an area, including a system of any of the following types—
a human presence detection system;
a laser detection scanning system;
a geofencing system;
a motion detector;
a perimeter intrusion detection system;
a system for detecting the presence of drones;
a system for detecting the presence of mobile telephones or other portable electronic devices;
a system for videoconferencing;
a tablet computer;
a telephone, including a mobile telephone;
a two-way radio;
a voice recorder.
In this section—
human presence detection system means a system that can detect the presence of a person, including, for example, by detecting a person’s heartbeat.
laser detection scanning system means a system that uses laser beams to detect persons or objects in a defined area.
perimeter intrusion detection system means a system designed to detect unauthorised access or intrusion across a defined perimeter.
system means a single device or a system consisting of 2 or more devices.
s 26AA ins 2025 SL No. 39 s 4
(sec.26AA-ssec.1) For section 173A (6) of the Act , definition prescribed surveillance device , each of the following surveillance devices is prescribed— a camera, including a camera of any of the following types— a body-worn camera; a camcorder; a closed-circuit television camera; a dashboard camera; a key fob camera; a thermal camera, including a thermal closed-circuit television camera; a web camera; a duress alarm capable of recording voices; an intercom system; a microphone, including a radio or wireless microphone; a system for detecting the presence or movement of a person or thing in, or from, an area, including a system of any of the following types— a human presence detection system; a laser detection scanning system; a geofencing system; a motion detector; a perimeter intrusion detection system; a system for detecting the presence of drones; a system for detecting the presence of mobile telephones or other portable electronic devices; a system for videoconferencing; a tablet computer; a telephone, including a mobile telephone; a two-way radio; a voice recorder.
(sec.26AA-ssec.2) In this section— human presence detection system means a system that can detect the presence of a person, including, for example, by detecting a person’s heartbeat. laser detection scanning system means a system that uses laser beams to detect persons or objects in a defined area. perimeter intrusion detection system means a system designed to detect unauthorised access or intrusion across a defined perimeter. system means a single device or a system consisting of 2 or more devices.
(a) a camera, including a camera of any of the following types— (i) a body-worn camera; (ii) a camcorder; (iii) a closed-circuit television camera; (iv) a dashboard camera; (v) a key fob camera; (vi) a thermal camera, including a thermal closed-circuit television camera; (vii) a web camera;
(i) a body-worn camera;
(ii) a camcorder;
(iii) a closed-circuit television camera;
(iv) a dashboard camera;
(v) a key fob camera;
(vi) a thermal camera, including a thermal closed-circuit television camera;
(vii) a web camera;
(b) a duress alarm capable of recording voices;
(c) an intercom system;
(d) a microphone, including a radio or wireless microphone;
(e) a system for detecting the presence or movement of a person or thing in, or from, an area, including a system of any of the following types— (i) a human presence detection system; (ii) a laser detection scanning system; (iii) a geofencing system; (iv) a motion detector; (v) a perimeter intrusion detection system; (vi) a system for detecting the presence of drones; (vii) a system for detecting the presence of mobile telephones or other portable electronic devices;
(i) a human presence detection system;
(ii) a laser detection scanning system;
(iii) a geofencing system;
(iv) a motion detector;
(v) a perimeter intrusion detection system;
(vi) a system for detecting the presence of drones;
(vii) a system for detecting the presence of mobile telephones or other portable electronic devices;
(f) a system for videoconferencing;
(g) a tablet computer;
(h) a telephone, including a mobile telephone;
(i) a two-way radio;
(j) a voice recorder.
(i) a body-worn camera;
(ii) a camcorder;
(iii) a closed-circuit television camera;
(iv) a dashboard camera;
(v) a key fob camera;
(vi) a thermal camera, including a thermal closed-circuit television camera;
(vii) a web camera;
(i) a human presence detection system;
(ii) a laser detection scanning system;
(iii) a geofencing system;
(iv) a motion detector;
(v) a perimeter intrusion detection system;
(vi) a system for detecting the presence of drones;
(vii) a system for detecting the presence of mobile telephones or other portable electronic devices;
pt.3-div.3
Apparatus for scanning searches and imaging searches
Apparatus for scanning searches and imaging searches
sec.26A
Apparatus for scanning search and imaging search— Act , s 175A
sec.26A Apparatus for scanning search and imaging search— Act , s 175A
For section 175A (3) of the Act , an ion scanning device is prescribed.
For section 175A (4) of the Act , an x-ray body scanner is prescribed.
In this section—
x-ray body scanner means an apparatus that uses ionising radiation to produce an x-ray image of a person.
s 26A ins 2024 SL No. 72 s 4
(sec.26A-ssec.1) For section 175A (3) of the Act , an ion scanning device is prescribed.
(sec.26A-ssec.2) For section 175A (4) of the Act , an x-ray body scanner is prescribed.
(sec.26A-ssec.3) In this section— x-ray body scanner means an apparatus that uses ionising radiation to produce an x-ray image of a person.
pt.3-div.4
Requirements and procedures for imaging searches
Requirements and procedures for imaging searches
sec.26B
Purpose of division
sec.26B Purpose of division
For section 175A (5) (b) of the Act , this division prescribes other requirements and procedures relating to imaging searches.
s 26B ins 2024 SL No. 72 s 4
sec.26C
Conduct of imaging search
sec.26C Conduct of imaging search
An imaging search of a person must be carried out by at least 1 corrective services officer, but by no more officers than are reasonably necessary to carry out the search.
s 26C ins 2024 SL No. 72 s 4
sec.26D
Storage of images
sec.26D Storage of images
The chief executive must ensure that images produced by an imaging search of a person are kept securely.
s 26D ins 2024 SL No. 72 s 4
sec.26E
Use of images
sec.26E Use of images
A person must not show an image produced by an imaging search of a person (a relevant person ) to another person other than—
the relevant person; or
a health practitioner treating the relevant person; or
a person responsible for deciding if a proceeding is to be started for a search offence in relation to the imaging search; or
an officer of a law enforcement agency investigating a search offence in relation to the imaging search; or
an officer of a law enforcement agency, a lawyer, a prosecutor or a witness involved in a proceeding for a search offence in relation to the imaging search; or
a court; or
the chief executive, or a corrective services officer directed by the chief executive to view the image, for the purpose of performing a function or exercising a power under the Act ; or
the chief inspector; or
an official visitor; or
a commissioner of the Crime and Corruption Commission; or
the ombudsman; or
the inspector of detention services; or
a person to whom the relevant person has consented to the image being shown.
Maximum penalty—20 penalty units.
In this section—
search offence , in relation to an imaging search of a person, means—
an offence involving a prohibited thing found during the imaging search; or
an offence committed during the imaging search.
s 26E ins 2024 SL No. 72 s 4
(sec.26E-ssec.1) A person must not show an image produced by an imaging search of a person (a relevant person ) to another person other than— the relevant person; or a health practitioner treating the relevant person; or a person responsible for deciding if a proceeding is to be started for a search offence in relation to the imaging search; or an officer of a law enforcement agency investigating a search offence in relation to the imaging search; or an officer of a law enforcement agency, a lawyer, a prosecutor or a witness involved in a proceeding for a search offence in relation to the imaging search; or a court; or the chief executive, or a corrective services officer directed by the chief executive to view the image, for the purpose of performing a function or exercising a power under the Act ; or the chief inspector; or an official visitor; or a commissioner of the Crime and Corruption Commission; or the ombudsman; or the inspector of detention services; or a person to whom the relevant person has consented to the image being shown. Maximum penalty—20 penalty units.
(sec.26E-ssec.2) In this section— search offence , in relation to an imaging search of a person, means— an offence involving a prohibited thing found during the imaging search; or an offence committed during the imaging search.
(a) the relevant person; or
(b) a health practitioner treating the relevant person; or
(c) a person responsible for deciding if a proceeding is to be started for a search offence in relation to the imaging search; or
(d) an officer of a law enforcement agency investigating a search offence in relation to the imaging search; or
(e) an officer of a law enforcement agency, a lawyer, a prosecutor or a witness involved in a proceeding for a search offence in relation to the imaging search; or
(f) a court; or
(g) the chief executive, or a corrective services officer directed by the chief executive to view the image, for the purpose of performing a function or exercising a power under the Act ; or
(h) the chief inspector; or
(i) an official visitor; or
(j) a commissioner of the Crime and Corruption Commission; or
(k) the ombudsman; or
(l) the inspector of detention services; or
(m) a person to whom the relevant person has consented to the image being shown.
(a) an offence involving a prohibited thing found during the imaging search; or
(b) an offence committed during the imaging search.
pt.4
Administration
Administration
pt.4-div.1
Prescribed requirements for grant of financial assistance
Prescribed requirements for grant of financial assistance
sec.27
Prescribed requirements for provision of programs or services— Act , s 256
sec.27 Prescribed requirements for provision of programs or services— Act , s 256
For section 256 (1) of the Act , this part provides for the requirements relating to the provision of programs or services by grantees.
sec.28
When the requirements apply
sec.28 When the requirements apply
The requirements apply to a grantee only while the grantee is providing the programs or services or is required under the financial assistance agreement to provide the programs or services.
sec.29
Requirement to keep a document
sec.29 Requirement to keep a document
A requirement under this part that the grantee keep a document is a requirement that the grantee prepare the document and keep it up-to-date.
sec.30
Requirement to implement a document
sec.30 Requirement to implement a document
A requirement under this part that the grantee implement a document is a requirement that, when providing the programs or services, the grantee—
implement the procedures stated in the document; and
comply with the policies or other matters stated in the document.
(a) implement the procedures stated in the document; and
(b) comply with the policies or other matters stated in the document.
sec.31
Financial management and accountability generally
sec.31 Financial management and accountability generally
The grantee must ensure—
appropriate financial delegations are in place; and
appropriate internal controls are in place to prevent misuse or misappropriation of funds.
The grantee must keep a record of the delegations and controls.
The grantee must have accounting and financial record-keeping systems allowing financial assistance given by the chief executive to be accurately identified and accounted for.
The grantee must keep the accounting records necessary to comply with this part.
(sec.31-ssec.1) The grantee must ensure— appropriate financial delegations are in place; and appropriate internal controls are in place to prevent misuse or misappropriation of funds.
(sec.31-ssec.2) The grantee must keep a record of the delegations and controls.
(sec.31-ssec.3) The grantee must have accounting and financial record-keeping systems allowing financial assistance given by the chief executive to be accurately identified and accounted for.
(sec.31-ssec.4) The grantee must keep the accounting records necessary to comply with this part.
(a) appropriate financial delegations are in place; and
(b) appropriate internal controls are in place to prevent misuse or misappropriation of funds.
sec.32
Budget
sec.32 Budget
This section applies to the grantee in relation to a financial year in which the grantee provides the programs or services or is required under the financial assistance agreement to provide the programs or services.
At the start of the financial year, the grantee must prepare a budget for the financial year that includes expected income, expected expenditure and cash flow projections.
During the financial year, the grantee must—
regularly review the grantee’s actual income, expenditure and cash flow against the amounts stated in the grantee’s budget; and
revise the budget as necessary or appropriate to ensure the programs or services are viable and sustainable and the grantee has enough funds to meet the grantee’s debts and expected expenditure.
If, under the financial assistance agreement, the grantee only provides the programs or services for part of the financial year, subsections (2) and (3) apply as if a reference to the financial year were a reference to the part of the financial year for which the programs or services are provided.
(sec.32-ssec.1) This section applies to the grantee in relation to a financial year in which the grantee provides the programs or services or is required under the financial assistance agreement to provide the programs or services.
(sec.32-ssec.2) At the start of the financial year, the grantee must prepare a budget for the financial year that includes expected income, expected expenditure and cash flow projections.
(sec.32-ssec.3) During the financial year, the grantee must— regularly review the grantee’s actual income, expenditure and cash flow against the amounts stated in the grantee’s budget; and revise the budget as necessary or appropriate to ensure the programs or services are viable and sustainable and the grantee has enough funds to meet the grantee’s debts and expected expenditure.
(sec.32-ssec.4) If, under the financial assistance agreement, the grantee only provides the programs or services for part of the financial year, subsections (2) and (3) apply as if a reference to the financial year were a reference to the part of the financial year for which the programs or services are provided.
(a) regularly review the grantee’s actual income, expenditure and cash flow against the amounts stated in the grantee’s budget; and
(b) revise the budget as necessary or appropriate to ensure the programs or services are viable and sustainable and the grantee has enough funds to meet the grantee’s debts and expected expenditure.
sec.33
Financial delegations policy
sec.33 Financial delegations policy
The grantee must keep and implement a financial delegations policy.
In this section—
financial delegations policy means a policy outlining the procedures the grantee will use to ensure—
appropriate financial delegations are in place; and
appropriate internal controls are in place to prevent misuse or misappropriation of funds.
(sec.33-ssec.1) The grantee must keep and implement a financial delegations policy.
(sec.33-ssec.2) In this section— financial delegations policy means a policy outlining the procedures the grantee will use to ensure— appropriate financial delegations are in place; and appropriate internal controls are in place to prevent misuse or misappropriation of funds.
(a) appropriate financial delegations are in place; and
(b) appropriate internal controls are in place to prevent misuse or misappropriation of funds.
sec.34
Assistance to be used for agreed purpose
sec.34 Assistance to be used for agreed purpose
The grantee must conduct the grantee’s operations in a way that ensures assistance given by the chief executive for the programs or services is used as required under the financial assistance agreement.
sec.35
Return of surplus amounts
sec.35 Return of surplus amounts
This section applies to an amount if—
the amount is comprised of receipts for a program or service; and
under the financial assistance agreement, the amount is required to be expended during a particular time; and
at the end of the time, the amount has not been expended.
While the financial assistance agreement mentioned in subsection (1) (b) is in force, the chief executive may give the grantee a notice requiring the grantee to pay the amount to the chief executive.
The grantee must comply with the chief executive’s notice.
(sec.35-ssec.1) This section applies to an amount if— the amount is comprised of receipts for a program or service; and under the financial assistance agreement, the amount is required to be expended during a particular time; and at the end of the time, the amount has not been expended.
(sec.35-ssec.2) While the financial assistance agreement mentioned in subsection (1) (b) is in force, the chief executive may give the grantee a notice requiring the grantee to pay the amount to the chief executive.
(sec.35-ssec.3) The grantee must comply with the chief executive’s notice.
(a) the amount is comprised of receipts for a program or service; and
(b) under the financial assistance agreement, the amount is required to be expended during a particular time; and
(c) at the end of the time, the amount has not been expended.
sec.36
Conflict of interest policy
sec.36 Conflict of interest policy
The grantee must keep and implement a conflict of interest policy.
In this section—
conflict of interest includes a potential conflict of interest.
conflict of interest policy means a policy outlining the procedures the grantee will use to ensure—
conflicts of interest of the grantee’s executive officers, employees and volunteers are declared, recorded and managed; and
a person is not involved in decision-making for a matter in relation to which the person has a conflict of interest.
(sec.36-ssec.1) The grantee must keep and implement a conflict of interest policy.
(sec.36-ssec.2) In this section— conflict of interest includes a potential conflict of interest. conflict of interest policy means a policy outlining the procedures the grantee will use to ensure— conflicts of interest of the grantee’s executive officers, employees and volunteers are declared, recorded and managed; and a person is not involved in decision-making for a matter in relation to which the person has a conflict of interest.
(a) conflicts of interest of the grantee’s executive officers, employees and volunteers are declared, recorded and managed; and
(b) a person is not involved in decision-making for a matter in relation to which the person has a conflict of interest.
sec.37
Confidentiality
sec.37 Confidentiality
The grantee must keep and implement a policy about dealing with information arising from providing the programs or services, including information about clients, employees, members and officers.
The policy must include the obligations of officers, employees and volunteer workers relating to the information.
The grantee must prevent inappropriate or unauthorised access to, or disclosure of, the information.
If the grantee stops providing the programs or services, this section continues to apply to the grantee in relation to the information.
(sec.37-ssec.1) The grantee must keep and implement a policy about dealing with information arising from providing the programs or services, including information about clients, employees, members and officers.
(sec.37-ssec.2) The policy must include the obligations of officers, employees and volunteer workers relating to the information.
(sec.37-ssec.3) The grantee must prevent inappropriate or unauthorised access to, or disclosure of, the information.
(sec.37-ssec.4) If the grantee stops providing the programs or services, this section continues to apply to the grantee in relation to the information.
sec.38
Officers’ knowledge of legislation and governing documents
sec.38 Officers’ knowledge of legislation and governing documents
The grantee must take reasonable steps to ensure each of the grantee’s officers has a sufficient knowledge of the prescribed documents to carry out the officer’s functions including, in particular, the grantee’s obligations under the prescribed documents relevant to providing the programs or services funded by the grant.
In this section—
prescribed documents means—
the Act and this regulation; and
any constitution or other governing document of the grantee; and
an agreement entered into between the grantee and the State about the performance of the financial assistance agreement, commonly referred to as a service level agreement.
(sec.38-ssec.1) The grantee must take reasonable steps to ensure each of the grantee’s officers has a sufficient knowledge of the prescribed documents to carry out the officer’s functions including, in particular, the grantee’s obligations under the prescribed documents relevant to providing the programs or services funded by the grant.
(sec.38-ssec.2) In this section— prescribed documents means— the Act and this regulation; and any constitution or other governing document of the grantee; and an agreement entered into between the grantee and the State about the performance of the financial assistance agreement, commonly referred to as a service level agreement.
(a) the Act and this regulation; and
(b) any constitution or other governing document of the grantee; and
(c) an agreement entered into between the grantee and the State about the performance of the financial assistance agreement, commonly referred to as a service level agreement.
sec.39
Eligibility policy
sec.39 Eligibility policy
The grantee must keep an eligibility policy that complies with the financial assistance agreement.
The grantee must implement the eligibility policy consistently and fairly.
In this section—
eligibility policy means a policy stating the criteria and procedures for deciding eligibility for the programs or services.
(sec.39-ssec.1) The grantee must keep an eligibility policy that complies with the financial assistance agreement.
(sec.39-ssec.2) The grantee must implement the eligibility policy consistently and fairly.
(sec.39-ssec.3) In this section— eligibility policy means a policy stating the criteria and procedures for deciding eligibility for the programs or services.
sec.40
Feedback
sec.40 Feedback
The grantee must have appropriate arrangements for obtaining feedback from clients about providing the programs or services.
sec.41
Hours of operation and contact arrangements
sec.41 Hours of operation and contact arrangements
The grantee must have hours of operation, and arrangements for contact with clients, as required under the financial assistance agreement and that are appropriate for the programs or services.
pt.4-div.2
Prisoner’s property
Prisoner’s property
sec.42
Deductions from prisoner’s account— Act , s 314
sec.42 Deductions from prisoner’s account— Act , s 314
For section 314 (f) of the Act , the following are the purposes—
the cost of the prisoner’s phone calls and postage;
purchases made by the prisoner with the chief executive’s approval;
the cost of hiring or repairing a computer or television for the prisoner;
if the prisoner has more property than the prisoner may keep in the corrective services facility—the costs associated with removing and storing the property;
the satisfaction of a repayment order made against the prisoner under the repealed Criminal Offence Victims Act 1995 , section 27 ;
the reimbursement of the State for an amount paid by the State under the repealed Criminal Offence Victims Act 1995 , section 32 because of a compensation order made against the prisoner under section 24 of that Act;
an amount liable to be paid by the prisoner to the State under the Victims of Crime Assistance Act 2009 , section 117 (4) or 191 (4) .
(a) the cost of the prisoner’s phone calls and postage;
(b) purchases made by the prisoner with the chief executive’s approval;
(c) the cost of hiring or repairing a computer or television for the prisoner;
(d) if the prisoner has more property than the prisoner may keep in the corrective services facility—the costs associated with removing and storing the property;
(e) the satisfaction of a repayment order made against the prisoner under the repealed Criminal Offence Victims Act 1995 , section 27 ;
(f) the reimbursement of the State for an amount paid by the State under the repealed Criminal Offence Victims Act 1995 , section 32 because of a compensation order made against the prisoner under section 24 of that Act;
(g) an amount liable to be paid by the prisoner to the State under the Victims of Crime Assistance Act 2009 , section 117 (4) or 191 (4) .
sec.43
Keeping property in corrective services facility— Act , s 317 (5)
sec.43 Keeping property in corrective services facility— Act , s 317 (5)
A prisoner may keep property in a corrective services facility if the property in total is not more than—
a value approved by the chief executive or, if no value is approved, $500; and
a volume of 0.25m 3 .
The following property need not be taken into account for subsection (1) —
consumable things;
foodstuffs, toiletries
legal documents;
educational material or equipment approved by the chief executive;
if a child is accommodated with a prisoner—property, approved by the chief executive, for the child’s care.
If the value of a prisoner’s property is not apparent, the chief executive may decide the value.
A prisoner may apply in writing for the chief executive’s approval to keep property of a stated value, that is more than $500, in the corrective services facility.
A prisoner is responsible for the safe keeping of the prisoner’s property approved to be in the prisoner’s possession.
A prisoner must store the prisoner’s property in a tidy and orderly way.
When a prisoner is discharged or released, the chief executive must ensure any property stored for the prisoner in a corrective services facility is returned to the prisoner.
If a prisoner dies, the chief executive must ensure any property stored in a corrective services facility for the deceased prisoner is given to the executor or administrator of the prisoner’s estate.
s 43 amd 2024 SL No. 187 s 14
(sec.43-ssec.1) A prisoner may keep property in a corrective services facility if the property in total is not more than— a value approved by the chief executive or, if no value is approved, $500; and a volume of 0.25m 3 .
(sec.43-ssec.2) The following property need not be taken into account for subsection (1) — consumable things; foodstuffs, toiletries legal documents; educational material or equipment approved by the chief executive; if a child is accommodated with a prisoner—property, approved by the chief executive, for the child’s care.
(sec.43-ssec.3) If the value of a prisoner’s property is not apparent, the chief executive may decide the value.
(sec.43-ssec.4) A prisoner may apply in writing for the chief executive’s approval to keep property of a stated value, that is more than $500, in the corrective services facility.
(sec.43-ssec.5) A prisoner is responsible for the safe keeping of the prisoner’s property approved to be in the prisoner’s possession.
(sec.43-ssec.6) A prisoner must store the prisoner’s property in a tidy and orderly way.
(sec.43-ssec.7) When a prisoner is discharged or released, the chief executive must ensure any property stored for the prisoner in a corrective services facility is returned to the prisoner.
(sec.43-ssec.8) If a prisoner dies, the chief executive must ensure any property stored in a corrective services facility for the deceased prisoner is given to the executor or administrator of the prisoner’s estate.
(a) a value approved by the chief executive or, if no value is approved, $500; and
(c) educational material or equipment approved by the chief executive;
(d) if a child is accommodated with a prisoner—property, approved by the chief executive, for the child’s care.
pt.4-div.3
Other administration provisions
Other administration provisions
sec.44
Monitoring device
sec.44 Monitoring device
This section applies if, under section 200A or 267 of the Act , an offender is required to wear a device for monitoring the offender’s location.
The chief executive must ensure the prisoner is—
told how the device operates; and
told not to wilfully damage, destroy, remove or otherwise interfere with the device.
(sec.44-ssec.1) This section applies if, under section 200A or 267 of the Act , an offender is required to wear a device for monitoring the offender’s location.
(sec.44-ssec.2) The chief executive must ensure the prisoner is— told how the device operates; and told not to wilfully damage, destroy, remove or otherwise interfere with the device.
(a) told how the device operates; and
(b) told not to wilfully damage, destroy, remove or otherwise interfere with the device.
pt.5
Miscellaneous
Miscellaneous
sec.45
Restricted item— Act , s 124B
sec.45 Restricted item— Act , s 124B
For section 124B of the Act , a restricted item is an item mentioned in the Weapons Categories Regulation 1997 , section 9 (f) or (g) .
s 45 prev s 45 om 2021 SL No. 97 s 4
pres s 45 ins 2024 Act No. 25 s 48
sec.46
Searching in relation to security offence
sec.46 Searching in relation to security offence
This section applies if a corrective services officer intends to search, under section 136 (2) (b) of the Act , anything in a person’s possession.
If it is reasonably practicable to do so, the corrective services officer must, before conducting the search—
tell the person the officer intends to conduct a search and what the officer intends to search; and
tell the person the reason for the search; and
ask for the person’s cooperation.
The corrective services officer must conduct the search in a way that respects the person’s dignity.
The corrective services officer must conduct the search as quickly as possible.
(sec.46-ssec.1) This section applies if a corrective services officer intends to search, under section 136 (2) (b) of the Act , anything in a person’s possession.
(sec.46-ssec.2) If it is reasonably practicable to do so, the corrective services officer must, before conducting the search— tell the person the officer intends to conduct a search and what the officer intends to search; and tell the person the reason for the search; and ask for the person’s cooperation.
(sec.46-ssec.3) The corrective services officer must conduct the search in a way that respects the person’s dignity.
(sec.46-ssec.4) The corrective services officer must conduct the search as quickly as possible.
(a) tell the person the officer intends to conduct a search and what the officer intends to search; and
(b) tell the person the reason for the search; and
(c) ask for the person’s cooperation.
sec.47
Receipt for seized property— Act , s 139
sec.47 Receipt for seized property— Act , s 139
For section 139 (2) (b) of the Act , the following information is prescribed—
the name and address of the person from whom the thing was seized;
the name of the corrective services facility and where within the corrective services facility the thing was located when the thing was seized;
the date and time the thing was seized;
the name of the corrective services officer who seized the thing;
the estimated value of the thing seized.
(a) the name and address of the person from whom the thing was seized;
(b) the name of the corrective services facility and where within the corrective services facility the thing was located when the thing was seized;
(c) the date and time the thing was seized;
(d) the name of the corrective services officer who seized the thing;
(e) the estimated value of the thing seized.
sec.48
Section sec.48
s 48 sub 2021 SL No. 97 s 5 ; 2023 Act No. 14 s 39
om 2024 SL No. 72 s 5
pt.6
Transitional provision for Corrective Services (Searches and Testing) Amendment Regulation 2024
Transitional provision for Corrective Services (Searches and Testing) Amendment Regulation 2024
sec.48-oc.2
Request to modify procedures to take account of needs of existing prisoner
sec.48-oc.2 Request to modify procedures to take account of needs of existing prisoner
Section 8B applies to a person who is a prisoner immediately before the commencement as if subsection (1) of that section required the prisoner to be given the opportunity to make a request as soon as practicable after the commencement.
s 48 ins 2024 SL No. 187 s 15
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Corrective Services Regulation 2017 .
sec.2 Commencement
sec.2 Commencement
This regulation commences on 1 September 2017.
pt.2 Prisoners and other offenders
Prisoners and other offenders
pt.2-div.1 Accommodation
Accommodation
sec.3 Accommodation
sec.3 Accommodation
An Aboriginal or Torres Strait Islander prisoner is to be accommodated in a corrective services facility as close as practicable to the prisoner’s family unless the chief executive is satisfied the prisoner does not want to be accommodated near the prisoner’s family.
For an Aboriginal or Torres Strait Islander prisoner, the concept of family may be wider than is ordinarily understood because of the prisoner’s cultural background.
In deciding what is practicable, the chief executive must consider all relevant factors, including, for example—
whether the prisoner’s accommodation in the corrective services facility closest to the prisoner’s family would pose an unacceptable risk to the safety of persons, including the prisoner, in the facility; and
the prisoner’s security classification; and
any orders to which the prisoner is subject.
An Aboriginal prisoner who is subject to a maximum security order can not be accommodated in the corrective services facility closest to the prisoner’s family unless the corrective services facility contains a maximum security unit.
(sec.3-ssec.1) An Aboriginal or Torres Strait Islander prisoner is to be accommodated in a corrective services facility as close as practicable to the prisoner’s family unless the chief executive is satisfied the prisoner does not want to be accommodated near the prisoner’s family. For an Aboriginal or Torres Strait Islander prisoner, the concept of family may be wider than is ordinarily understood because of the prisoner’s cultural background.
(sec.3-ssec.2) In deciding what is practicable, the chief executive must consider all relevant factors, including, for example— whether the prisoner’s accommodation in the corrective services facility closest to the prisoner’s family would pose an unacceptable risk to the safety of persons, including the prisoner, in the facility; and the prisoner’s security classification; and any orders to which the prisoner is subject. An Aboriginal prisoner who is subject to a maximum security order can not be accommodated in the corrective services facility closest to the prisoner’s family unless the corrective services facility contains a maximum security unit.
Prescribes visitor identity-proofing rules (including documentary standards and child exceptions) and sets the factors the chief executive may consider for child visits (ss 22-23). It also gives a right to visits by culturally or spiritually relevant elders and to religious visitors out of hearing but not out of sight of an officer (ss 24-25).
Declares a long list of prohibited things for the purposes of the Act (weapons, explosives, various electronic devices, drones and parts, classified material, smokable products, items modified to conceal other things, etc.) (s 19).
Regulates electronic surveillance within corrective services by prescribing surveillance devices (cameras, microphones, human-presence detectors, geofencing, drone-detection systems, videoconferencing systems, phones, tablets and the like) under the Act’s surveillance provisions (s 26AA), and prescribes apparatus for scanning and imaging searches (ion scanning device; x‑ray body scanner) and the procedures for imaging searches (ss 26A-26E).
Sets out administrative obligations on grantees that receive financial assistance from the chief executive: financial management and accountability, budgeting and monitoring, financial delegations, intended-use of assistance, return of surplus funds, conflict-of-interest and confidentiality policies, eligibility and feedback arrangements (Pt 4 Div 1, ss 27-41).
Places operational obligations around monitoring devices, prisoner property limits and deductions from prisoner accounts (ss 42-44).
Requires secure handling and restricted disclosure of recordings and images produced during searches requiring removal of clothing or imaging searches, with a maximum penalty for unauthorised disclosure (ss 10; 26E).
The regulation therefore translates many broad Act powers into particular operational rules for custodial staff, health practitioners, the chief executive and external grantees. It also adds discrete offences or penalties for mishandling images/recordings (ss 10, 26E). Several provisions take effect via later subordinate legislation insertions and amendments; the regulation itself commenced on 1 September 2017 (s 2) and has been amended multiple times as shown in the text.
Main concepts
The regulation is built around a small set of recurring administrative and doctrinal devices that determine how powers in the Act operate in practice.
Chief executive discretion framed by “practicable” and “reasonable belief”
The chief executive is a central decision-maker. The regulation repeatedly uses tests such as “as close as practicable” (s 3) and “the chief executive reasonably believes” (for example ss 8B(5), 8C(5), 11(6)). These formulations require a decision-maker exercise judgment and make that judgment the pivot for accepting modifications, declining preferred search procedures, or overriding otherwise nominal entitlements. The regulation also imposes record-keeping obligations tied to those discretionary calls (for example s 8B(7) requires records of decisions on modification requests).
Cultural and individualised adjustments
The text recognises cultural and personal diversity as operational drivers. For Aboriginal and Torres Strait Islander prisoners the regulation prescribes a broader concept of family for accommodation decisions and mandatory notification/visitation steps after safety orders (ss 3, 8). Section 8B expressly allows prisoners to request modifications to searches and urine-testing procedures to account for gender diversity, sexual orientation, history of abuse, cultural or religious headdress, and disabilities (s 8B(1)-(4)). The right is limited by practicability and risk-of-harm tests (s 8B(5)).
Search and surveillance architecture
The regulation defines the personnel, equipment and safeguards for searches and testing. It prescribes who may conduct or observe body searches and urinalysis (ss 8A, 8C, 10A, 11), mandates health-practitioner involvement in certain search types (s 10A(3)), and requires at least two qualified officers to be present for urine tests (s 11(4)). It also prescribes a long list of devices that qualify as surveillance devices (s 26AA) and prescribes ion scanners and x‑ray body scanners for scanning and imaging searches (s 26A). Images and recordings created during intrusive searches must be securely stored and their disclosure is tightly limited (ss 10, 26D-26E).
Duty/entitlement pairing for prisoners
The regulation frames many duties the chief executive or officers must perform alongside remedies or rights for prisoners. Examples: prisoners must be given copies of breach-register entries (s 6); prisoners may apply to keep property above the default limit (s 43(4)); prisoners must be told how monitoring devices operate (s 44). At the same time officers may require prisoners in searches to take certain positions to complete a search (s 9(5)) and many of the prisoners’ modification requests can be refused on specified safety or practicability grounds (s 8B(5)).
Risk and security-first exceptions
Across the search, modification, imaging and observation rules the regulation embeds security exceptions. The chief executive may refuse to accept a modification where accommodating it would “pose an unacceptable risk to the safety or welfare of corrective services officers or other persons” or would “reduce the effectiveness of the search to an unacceptable extent” (s 8B(5)(b), (c)). Similarly, gender‑matched search observer rules can be set aside where there is an imminent risk to life or safety (s 9(4)).
Administrative procedure dependency
Several sections require that practices be carried out “in accordance with administrative procedures made under section 265 of the Act” (for example ss 8C(2), 10A(2), 11(3), 12(3)). The regulation therefore sets standards but defers detailed process specifications, equipment operation and the mechanics of implementation to the departmental administrative procedures that are not reproduced in the regulation text.
Cross-system regulatory linkages
The regulation intentionally cross-references other statutory regimes (Weapons Act 1990, Explosives Act 1999, classification statutes, tobacco regulations, NDIS instruments and interstate correctional laws) to define prohibited items and to recognise corresponding laws for interstate leave (s 15; s 19; s 17). Those cross-links bring external offence regimes and classification outcomes into the prison operational context.
Records, secure handling and disclosure limits
A consistent theme is records and restricted disclosure: health-practitioner advice records where exercise is withheld in separate confinement (s 4(2)); records of accepted or refused modification requests (s 8B(7)); secure retention and tightly circumscribed disclosure of recordings and images from intrusive searches (ss 10, 26D-26E). Specified penalties apply to unauthorised showing of such material (ss 10(2), 26E(1)).
Grantee governance
The regulation prescribes detailed governance and accountability policies for external grantees who deliver programs/services under financial assistance agreements (Pt 4 Div 1, ss 27-41). These are prescriptive corporate governance-style requirements: budgets, financial delegations and policies, conflict-of-interest policies, confidentiality policies, eligibility and complaints/feedback mechanisms and obligations to return surplus funds (notably s 35).
Taken together, these concepts make the regulation an operational manual that converts statutory powers and principles into day-to-day practice, with an emphasis on documented decision-making, classification-based and culturally-informed treatment, security exceptions, and strict controls over intrusive data (images and recordings).
Who it affects
The regulation’s rules touch multiple categories of people and organisational actors within and adjacent to corrective services. Key affected parties, and the parts of the regulation that govern their interaction with the system, are:
Prisoners and offenders
All prisoners are affected by the search, test-sample and property rules. Specific groups receive tailored treatment:
Aboriginal and Torres Strait Islander prisoners: accommodation priorities (s 3), wider concept of family, additional notification where a safety order is made (s 8).
Prisoners undergoing separate confinement: minimum services, bedding and at least 2 daylight hours of exercise unless a health practitioner advises otherwise (s 4).
Prisoners subject to maximum security orders: accommodation limits tied to facility capacity (s 3 last paragraph).
All prisoners are subject to the list of breaches of discipline (s 5) and to property limits and responsibility rules (s 43).
Corrective services officers and the chief executive
Officers carry out searches, observe urinalysis, enforce rules and keep records. The regulation defines who counts as a qualified corrective services officer for urine testing, requires gender or designated-person matches in some search contexts (s 8A, 8C, 10A, 11), and imposes obligations on officers when searching where practicable (s 46). The chief executive makes core operational decisions and bears record and notification obligations , for accommodation (s 3), making safety orders (s 7-8), deciding modification requests (s 8B(3)), ensuring secure storage of recordings/images (ss 10, 26D), returning prisoner property on release (s 43(7)) and ensuring prisoners are informed about monitoring devices (s 44).
Health practitioners and helpers
Health practitioners are required in body searches and may advise on exercise limitations (s 4(1)(d); s 10A(3)). The regulation requires at least one same-gender health practitioner for body searches absent emergency exceptions (s 10A(3)). “Helpers” are also defined and gendered for certain procedures (s 8A(2)-(3); s 10A(3)).
Cultural liaison officers, elders, respected persons and spiritual healers
Cultural liaison officers must be told about safety orders for Aboriginal and Torres Strait Islander prisoners and asked to visit (s 8). Appointed elders/respected persons or indigenous spiritual healers must be allowed to visit a prisoner out of hearing but not out of sight (s 24).
Visitors, families and children
Visitors must prove identity under the prescribed documentary rules (s 22). The chief executive considers child‑best‑interests factors when deciding child visits (s 23). The regulation provides for prisoner telephone/letter allowances on transfer (s 13).
Grantees and external service providers
Entities that receive financial assistance to provide programs/services in corrective services are subject to detailed governance, financial and operational requirements in Pt 4 Div 1 (ss 27-41). Those rules govern budgets, financial delegations, conflict-of-interest, confidentiality, eligibility policies and the return of surplus funds (s 35).
Law enforcement, courts and oversight bodies
The regulation explicitly limits who can receive recordings/images created during searches: prisoner’s lawyer, law enforcement investigating search offences, courts, chief inspector, ombudsman, Crime and Corruption Commission commissioner, inspector of detention services, official visitors, and other enumerated oversight entities (ss 10(2), 26E(1)). Officers of law enforcement agencies investigating or prosecuting are direct users of certain materials.
Victims’ and compensatory regimes
Deductions from prisoner accounts may be applied in specified circumstances (s 42), including satisfaction of a repayment order or reimbursement under the repealed Criminal Offence Victims Act and certain liabilities under the Victims of Crime Assistance Act 2009.
Interstate correctional counterparts
The regulation declares corresponding laws in other jurisdictions for interstate leave of absence purposes (s 15), affecting prisoners seeking interstate leave and the administrative interface with other states’ corrections systems.
Technology suppliers and surveillance vendors
Entities providing surveillance, imaging and scanning hardware (body-worn cameras, CCTV, ion scanners, x‑ray body scanners, drone-detection systems, geofencing and mobile-phone detection systems) are affected because the regulation prescribes which devices count as “prescribed surveillance devices” or scanning apparatus and thereby governs their authorised use and the evidentiary and storage consequences of images/recordings (ss 26AA; 26A).
Legal practitioners and advocates
Prisoner lawyers and advocates interact with rules on privileged mail (s 17), restricted disclosure of images/recordings (s 10(2), 26E(1)), and receive prescribed notifications and procedural protections (for example, prisoners must receive copies of breach register entries , s 6).
In sum, the regulation affects front-line custodial staff and managers, prisoners (with specified cultural and individualised protections), external providers and oversight agencies. Many roles are defined by gendered or designated‑person requirements (s 8A), and multiple operational duties flow to the chief executive.
Key duties and rights
The regulation allocates specific duties to the chief executive, corrective services officers, grantees and defines certain rights or procedural entitlements for prisoners and visitors. Below are the principal duties and rights with their statutory anchors.
Duties of the chief executive
Accommodation and cultural considerations: must accommodate Aboriginal and Torres Strait Islander prisoners as close as practicable to family, unless prisoner objects, and must consider specified factors including safety, security classification and orders (s 3(1)-(2)).
Separate confinement standards: ensure access to water, toilet and shower, appropriate bedding and clothing, and at least two daylight hours of fresh-air exercise daily unless a health practitioner advises otherwise; keep a record of any health-practitioner advice (s 4(1)-(2)).
Decisions on requested procedural modifications: decide as soon as practicable whether to accept modification requests under s 8B and maintain records of accepted requests, rejections and withdrawals, and inform the prisoner promptly (s 8B(3), (7)-(8)).
Safety orders and notifications: when making safety orders for Aboriginal and Torres Strait Islander prisoners, tell the cultural liaison officer, nominated contact person and, where relevant, appointed elders or spiritual healers, and request a visit by the cultural liaison officer (s 8(1)-(2)).
Secure handling of recordings and images: ensure recordings and images produced by intrusive searches or imaging searches are kept securely and limit disclosure to the enumerated list of entitled persons (ss 10(1)-(2); 26D-26E).
Grantee oversight: where programs/services are funded, set and enforce financial and governance requirements and may require the return of surplus funds under a financial assistance agreement (ss 27-35).
Information duties: provide prisoners copies of breach-register entries as soon as practicable after entry (s 6); inform prisoners about monitoring devices and proscriptions (s 44).
Duties of corrective services officers
Identity and gender matching for searches and observations: comply with gender-matching rules for searches and urinalysis where detained, unless a modification has been accepted or a safety/practicability exception applies (ss 8A, 8C, 11).
Qualified personnel for urinalysis: ensure at least two qualified corrective services officers are present during urine-sample giving (s 11(4)) and that only qualified officers are present (s 11(5)).
Search conduct: where searching under s 136(2)(b) of the Act (search in relation to security offence), tell the person, if reasonably practicable, what the officer intends to search, the reason and ask for cooperation; conduct searches in a way that respects dignity and quickly (s 46).
Seizure receipts and records: when seizing property, provide prescribed information (name/address, place in facility, date/time, seizing officer and estimated value) (s 47).
Rights and entitlements of prisoners
Requests for modification of search/testing procedures: prisoners may request modifications for reasons of gender diversity, sexual orientation, history of abuse, cultural/religious headdress, or disability; those requests must be accepted unless specified reasonable-belief criteria for refusal are met, and prisoners must be informed about records of decisions (s 8B(1)-(7)).
Copy of breach registers: prisoners must be given copies of details entered in the register for each breach decided to have been committed, as soon as practicable (s 6).
Property rules and application for higher limits: default property-value cap is $500 unless the chief executive approves a different value; prisoner may apply in writing to keep property above $500 (s 43(1), (4)). Prisoners are responsible for safekeeping and must store property tidily; on discharge stored property is returned (s 43(5)-(7)).
Contact on transfer: prisoner transferred under s 68(1) of the Act may make one phone call and post one letter at the chief executive’s expense (s 13(1)).
Visits by culturally/spiritually relevant elders: such visitors must be allowed out of hearing but not out of sight (s 24).
Protected privileged mail: certain classes of correspondence are privileged and prisoners should use blue envelopes for identification; a corrective services officer must provide a blue envelope on request (s 17(2)-(3)).
Duties of grantees (financial assistance recipients)
Financial governance: maintain appropriate financial delegations, internal controls, accounting and record-keeping systems to identify and account for funds provided by the chief executive (s 31).
Budgeting and review: prepare annual budgets including income, expenditure and cash-flow projections; review actuals against budget and revise as required (s 32).
Policies to be kept and implemented: financial delegations policy (s 33), conflict-of-interest policy (s 36), confidentiality policy (s 37), eligibility policy (s 39); implement these consistently and keep records.
Return of surplus amounts: where receipts for a program/service are to be expended during a particular time and are not expended, the chief executive may require return of the amount while the financial assistance agreement remains in force (s 35).
Disclosure limits and penalties
The regulation limits who may be shown recordings/images from intrusive searches and imaging searches and imposes a maximum penalty of 20 penalty units for an unauthorised showing (ss 10(2), 26E(1)). For imaging-search images the same restricted list of recipients applies and a 20‑penalty‑unit cap is stated.
Other procedural duties
For maximum security orders, the chief executive must notify a health practitioner before making such an order if the prisoner is known or reasonably believed to have a mental health condition or intellectual disability (s 16).
Record-keeping around deaths: specific records must be kept concerning prisoner deaths (s 20).
These duties create both operational obligations for custodial staff and compliance obligations for grantees. Many rights are procedural and subject to safety/practicability exceptions; several duties impose affirmative record-keeping and notification obligations that will be material in any review or dispute.
Penalties and enforcement
The regulation sets out several enforcement touchpoints and a limited set of specific penalties. Its enforcement architecture is a mix of (1) internal disciplinary mechanisms under the Act, (2) narrow criminal/penalty-unit offences in the regulation itself, and (3) administrative remedies (records, return of funds, detention and security actions). The regulation references the Act for more severe sanctions.
Specific penalty provisions in the regulation
Unauthorised disclosure of a recording made of a search requiring removal of clothing is an offence attracting a maximum penalty of 20 penalty units (s 10(2)). The same maximum penalty applies to unauthorised disclosure of an image produced by an imaging search (s 26E(1)).
The regulation otherwise relies on the Act’s disciplinary and enforcement framework for much of its teeth. For example, s 5 lists breaches of discipline that are enforceable under the Act’s s 113 disciplinary procedure; the regulation itself does not prescribe the disciplinary sanctions, which are in the Act.
Administrative enforcement and internal redress
The chief executive has multiple administrative levers: issuing safety orders with prescribed conditions (s 7), approving or refusing modifications and keeping records of reasons (s 8B(5)-(8)), requiring grantees to return unexpended receipts under a financial assistance agreement (s 35), and controlling access and storage of recordings/images (ss 10; 26D-26E).
For seized property, the regulation prescribes the details that must go on the seizure receipt (s 47), facilitating internal accountability and external review.
Interaction with other criminal and regulatory regimes
The regulation incorporates external laws into the definition of prohibited things (s 19), so possession of a weapon or explosive may also attract charges under the Weapons Act 1990 or Explosives Act 1999. The regulation does not itself recreate those offences; it imports them as categories of prohibited objects within custodial settings.
The definition of “search offence” in ss 10 and 26E links unauthorised conduct discovered during an intrusive search or imaging search to potential external criminal investigation and prosecution (s 10(3); s 26E(2)).
Practical enforcement considerations
Many regulatory obligations turn on subjective tests such as “reasonably believes” or practicability; those make administrative law review (judicial review) a realistic enforcement route where actions are challenged. The regulation also imposes documentary duties (records of decisions, health-practitioner advice, breach-register copies) that form an evidentiary trail for internal reviews, oversight bodies and courts.
Oversight bodies and external agencies are enumerated as permitted recipients of recordings/images (ss 10(2), 26E(1)), which channels investigative and prosecutorial uses of those materials into statutory oversight frameworks.
Limitation of penal provisions in the regulation
The regulation’s explicit criminal/penalty provisions are narrow (principally the 20 penalty-unit caps for disclosure of search images/recordings). It relies otherwise on the Act’s enforcement mechanisms (breach-of-discipline processes, search offences under the Act, etc.), and on other statutes for criminalisation of possession of named prohibited items.
In short, the regulation empowers operational enforcement primarily through administrative controls and the Act’s existing disciplinary and criminal frameworks, while creating a limited number of stand‑alone penalties for unauthorised dissemination of sensitive material.
How it interacts with other laws
The regulation routinely cross-references and incorporates other statutory regimes and the principal Act. Those interactions determine evidentiary, criminal, classification and inter-jurisdictional consequences.
Primary statutory cross-reference: the Act
Almost every division is an implementation detail for a specific Act provision. Examples include:
Breaches of discipline under the Act, s 113 are specified in s 5 of the regulation.
The search-related parts are framed as applications of the Act’s s 39A, s 42 and related sections (see ss 8C, 10A, 11, 12).
Administrative procedures required under s 265 of the Act are invoked as the procedural blueprint for many search and testing processes (ss 8C(2), 10A(2), 11(3), 12(3)).
The regulation therefore does not operate in isolation; practitioners must read any relevant Act provisions alongside the regulation.
Criminal and regulatory statutes incorporated by reference
Weapons Act 1990 and Explosives Act 1999: s 19 expressly includes objects governed by those Acts in the prohibited-things list. Possession of such items in custody may therefore trigger cross-charges under those Acts or internal security responses.
Classification statutes: the regulation imports classification outcomes from the Classification of Computer Games and Images Act 1995, Classification of Films Act 1991 and Classification of Publications Act 1991 when defining prohibited publications, films and computer games (s 19(t)-(u), (v)). Items classified as “R 18+” or “objectionable” under those Acts are explicitly prohibited.
Tobacco and Other Smoking Products Act 1998: the regulation prohibits smoking products and smokeless tobacco products as defined in that Act (s 19(y)-(z)).
Victims and compensation regimes: s 42 references the repealed Criminal Offence Victims Act 1995 (as to repayment orders and reimbursements) and the Victims of Crime Assistance Act 2009 (certain liabilities may be deducted).
Births, Deaths and Marriages Registration Act 2023: s 20 requires capturing the cause of death as recorded on a certificate issued under that Act.
National Disability Insurance Scheme Act 2013 and related Commonwealth instruments: s 17 includes the CEO of the National Disability Insurance Agency and the NDIS Quality and Safeguards Commission as privileged mail recipients.
Interstate corrections laws
Section 15 declares corresponding laws in other states and territories (SA, NT, Vic, Tas, NSW, ACT, WA) for the purposes of interstate leave (Act ch 2 pt 2 div 9). That declaration creates an administrative basis for interstate leave arrangements and recognises counterpart legislative schemes.
Oversight and investigative bodies
The regulation explicitly permits disclosure of intrusive-search recordings/images to oversight bodies: chief inspector, inspector of detention services, ombudsman, Crime and Corruption Commission, courts, law enforcement officers, official visitors and prosecutorial entities (ss 10(2), 26E(1)). That channels evidence handling and disclosure into established oversight and investigatory frameworks.
Administrative procedures and departmental policy
Multiple provisions require that searches, urinalysis and body searches be carried out “in accordance with administrative procedures made under section 265 of the Act” (ss 8C(2), 10A(2)). Those procedures are subordinate to the Act and the regulation but are not included here. Practitioners must therefore consult the departmental administrative procedures and any departmental policy or service-level agreement referenced under Pt 4 Div 1 (s 38).
Privacy and human-rights legislation
While the regulation does not expressly incorporate privacy statutes, it references privacy and information offices (s 17 references the information commissioner, RTI commissioner, privacy commissioner) as privileged-mail recipients, and the Human Rights Act 2019 is mentioned in relation to the anti-discrimination commissioner (s 17). Disclosure of images/recordings is tightly circumscribed (ss 10; 26E); nonetheless, other statutory privacy obligations remain relevant for grantees and the department.
In practical terms, the regulation is a node in a dense statutory web: it operationalises the Act; borrows criminal or classification content from other statutes; recognises interstate counterparts for leave; and aligns with oversight and investigative institutions by prescribing who may receive sensitive materials. Implementation therefore requires cross-referencing the relevant external Acts and departmental administrative procedures.
Amendment history
The regulation text you provided contains its own amendment annotations which identify the chronology of key insertions and amendments. The regulation first commenced on 1 September 2017 (s 2). Since then it has been amended or had new provisions inserted by subordinate legislation and Acts. The source annotations record the following specific amendment milestones (examples taken from the embedded notes):
2018: s 19 amended by 2018 SL No. 6 s 4 (amendment to prohibited items list).
2019: s 17 amended by 2019 Act No. 5 s 131 (privileged mail list expanded or updated).
2021: multiple annotations indicate changes were made by subordinate legislation in 2021 (e.g. s 17 was amended by 2021 SL No. 97 s 3; s 19 has 2021 SL No. 111 s 18 noted).
2023: several amendments are recorded as part of 2023 Act No. 14, including amendments to s 4, s 5, s 10, s 20 and s 42 (see annotations such as s 4 amd 2023 Act No. 14 s 52 sch 1; s 5 amd 2023 Act No. 14 s 52 sch 1). The 2023 legislative activity also included subordinate legislation entries (e.g. 2023 SL No. 28 s 7 for s 10).
2024: a substantial set of insertions specifically addresses searches and testing:
s 8A (Meaning of terms used in division) was inserted by 2024 SL No. 187 s 5.
s 8B (Modification of procedures to take account of needs of prisoner) was inserted by 2024 SL No. 187 s 5.
s 8C (Carrying out personal search or search requiring removal of clothing) was inserted by 2024 SL No. 187 s 5.
s 9 was amended or restated by 2024 SL No. 187 s 6.
s 10 and related imaging/search provisions were amended or inserted in 2023 and 2024 instruments (s 10 amd 2023 Act No. 14 s 52 sch 1 ; 2023 SL No. 28 s 7 ; 2024 SL No. 187 s 7).
s 10A (Conduct of body search) was inserted by 2024 SL No. 187 s 8.
The transitional provision s 48-oc.2 about existing prisoners’ modification requests was inserted by 2024 SL No. 187 s 15.
s 43 was amended by 2024 SL No. 187 s 14.
2025: s 26AA (Prescribed surveillance device) was inserted by 2025 SL No. 39 s 4, expanding the list of devices treated as prescribed surveillance devices under the Act.
The annotations in the regulation therefore show an evolutionary pattern: the regulation was established in 2017, periodically amended to expand or update prohibited items and privileged-mail lists, and significantly revised in 2023-2024 with a cluster of insertions focused on searches, testing and imaging procedures, and further expanded in 2025 to categorise a wide range of surveillance devices. The regulation cross-references amendment sources precisely in each section annotation (for example, “s 8B ins 2024 SL No. 187 s 5”), enabling a practitioner to trace the enabling instrument.
A prudent compliance or legal review would consult:
The consolidation dates and the enabling subordinate legislation cited in each insertion/amendment note;
The departmental administrative procedures adopted under s 265 of the Act, which the regulation frequently defers to for operational process; and
The Act provisions that each regulation section implements (the regulation often annotates the specific Act section it is implementing, e.g. “Act, s 39A”, “Act, s 42”).
This amendment history indicates a legislative focus in recent years on modernising search and surveillance rules, and on embedding cultural, gender and disability considerations into search/testing processes.
Litigation history
The regulation text supplied contains no references to case law or litigation. It names no judicial decisions, and there are no annotated citations to cases in the provisions or explanatory notes included in the material you provided.
For practitioners seeking litigation history relevant to these provisions, the next steps are:
Search judicial databases and court records for decisions invoking the named regulation provisions or corresponding Act sections (for example disputes about s 8B modification refusals, s 3 accommodation decisions, or unlawful disclosure under s 10 or s 26E).
Review administrative review and tribunal decisions, if any, concerning grantee obligations, return-of-surplus notices under s 35, or disciplinary decisions that rely on the breaches listed in s 5.
Inspect any decisions from oversight bodies (ombudsman, inspector of detention services, Crime and Corruption Commission) that cite the regulation or the department’s administrative procedures (these agencies are explicit recipients under ss 10 and 26E).
Because the regulation embeds numerous “reasonably believes” and practicability tests, it is plausibly the subject of judicial review proceedings in cases where a prisoner or third party alleges either procedural unfairness or an unreasonable exercise of executive discretion. The regulation itself, however, as supplied, records no litigation.
Gotchas
This regulation contains multiple operational features that create traps for practitioners and administrators if not expressly identified and managed. Below are concrete “gotchas”, each grounded in the text.
Reliance on chief executive discretion and “reasonably believes” tests
Many statutory promises are conditional: e.g. accommodation “as close as practicable” (s 3) and acceptance of modification requests “unless the chief executive reasonably believes” the modification is improper or poses unacceptable risk (s 8B(5)). Those subjective standards require contemporaneous reasoning and records; failing to document reasons will make administrative decisions vulnerable to review. Section 8B mandates record-keeping for accepted and refused modifications (s 8B(7)), and the chief executive must inform the prisoner of the record details (s 8B(8)) , omission of those records is itself a compliance breach.
Deferral to administrative procedures outside the regulation
Several search, body-search and test-sample processes are required to be “in accordance with administrative procedures made under section 265 of the Act” (ss 8C(2), 10A(2), 11(3), 12(3)). Those detailed procedures are not in the regulation; compliance therefore requires obtaining and following the departmental administrative procedures. Failure to align with those procedures could render a search or test procedure non-compliant even if the regulation’s surface requirements were met.
Gender and designation matching complications
The regulation requires gender-matched officers, health practitioners or helpers for particular searches and urinalysis where the offender or prisoner is detained (ss 8A(2)-(3), 8C(3)-(4), 10A(3), 11(6)). However, the regulation also allows the chief executive to designate persons of a particular sex to exercise those powers. Operationally this requires careful staff designations and rostering. An unprepared facility could find itself unable to meet the gender-match requirements and therefore relying on the chief executive’s “not practicable” exceptions or emergency powers, with attendant scrutiny.
Modification requests and evidentiary burden
Prisoners may request modifications to search and testing procedures on sensitive grounds (gender diversity, sexual orientation, history of abuse, cultural/religious headdress, disability) (s 8B(1)-(3)). The regulation deems such requests to be accepted unless the chief executive reasonably believes the request is improper, not genuine, impracticable, or dangerous (s 8B(5)). Practically, the department must have trained officers to assess credibility and risk and must keep decision records. The sensitive nature of such requests demands both timeliness and confidentiality; the regulation requires prompt decisions (s 8B(3)) and record disclosure to the prisoner (s 8B(8)), increasing administrative complexity.
Secure storage and limited disclosure of recordings/images
Recordings/images from intrusive searches and imaging searches must be kept securely and disclosure is tightly limited; unauthorised disclosure attracts a maximum of 20 penalty units (ss 10(1)-(2), 26D-26E). This creates an obvious compliance risk where multiple actors access departmental recording systems. Facilities must maintain access controls, audit trails and documented consent/disclosure channels to the enumerated recipients (prisoner, lawyer, investigating officers, oversight bodies). Failure to restrict access or to document authorised disclosures risks statutory penalty and reputational exposure.
Prohibited-things breadth and operational ambiguity
The prohibited-things list (s 19) is broad and sometimes open-ended: “anything modified from its usual form to enable something to be concealed in it”, “anything that poses a risk to the security or good order”, and “any part of a thing mentioned” are all catch-all formulations. That breadth gives officers discretion in seizure decisions but raises risk of challenge for overbroad or arbitrary application. Seizure receipts must include prescribed information (s 47), and poor adherence to the receipt-form requirements could generate procedural complaints.
Property limits and valuation discretion
Default property-value cap is $500 unless the chief executive approves a higher value; the chief executive may decide value if not apparent (s 43(1), (3)). Valuation disputes may therefore arise and require documented valuation methodology to withstand complaint. Prisoners can apply in writing for higher allowances (s 43(4)), which requires an administrative process and timely decisions.
Grantees receiving financial assistance must implement a suite of policies (financial delegations, conflict-of-interest, confidentiality, eligibility) and keep particular accounting and budgetary records (ss 31-39). Organisations used to softer grant conditions may be non-compliant if they lack the corporate governance frameworks prescribed, and the requirement to return unexpended designated receipts (s 35) exposes grantees to cash-flow and audit risk.
Limited explicit penalties
Apart from the 20 penalty-unit caps for unauthorised disclosure of images/recordings, the regulation sets few standalone criminal penalties. Many enforcement options flow from the Act (discipline, search offences) or other statutes referenced in s 19. Practitioners must therefore map the regulation’s operational rules onto the Act and other statutes to understand enforcement consequences; failure to do so could lead to misjudging liability.
Interplay with health practitioner advice
Exercise denial in separate confinement requires health practitioner advice and a retained record (s 4(1)(d)-(2)). There is, therefore, a medical gatekeeper function. Facilities must ensure timely clinical assessments and documented advice to justify any exercise withholding, or else face procedural challenge.
Transitional and retrospective application
The regulation includes a transitional clause applying s 8B to persons already imprisoned immediately before the commencement of these new provisions (s 48-oc.2). That means existing prisoners gain access to modification-request pathways and facilities must process historical cases as if the right existed from commencement. Facilities should therefore audit existing prisoners’ profiles and ensure requests made “as soon as practicable after the commencement” are accepted and recorded.
In short, the principal operational risks are documentary: keeping contemporaneous, robust, confidential records of discretionary decisions; aligning departmental administrative procedures with regulation requirements; ensuring staff designation and rostering meets gender/designee rules; and securing and controlling access to recordings/images.
How to comply
Complying with the regulation requires a combination of documented procedures, staff training and systems controls. Below are concrete, source-based steps tailored to key duties and actors.
For corrective services management and the chief executive
Adopt and publish administrative procedures under s 265 of the Act
Ensure the administrative procedures referenced in ss 8C(2), 10A(2), 11(3) and 12(3) are current, published internally and incorporated into staff training. Those procedures must operationalise how personal searches, body searches, urinalysis and sample handling are performed.
Implement a modification-request workflow (s 8B)
Create a standard form and confidential channel for prisoners to request modifications to search or urine-test procedures (s 8B(1)-(2)).
Set a pragmatic target for “as soon as practicable” decisions (s 8B(3)), e.g. 48-72 business hours, and log decisions in a central register as required by s 8B(7). Ensure the register captures reasons where modifications are refused or acceptance withdrawn (s 8B(7)(b)-(c)) and implement a notification mechanism to inform the prisoner promptly (s 8B(8)).
Document “reasonably believes” decisions
Develop decision templates that capture the grounds listed in s 8B(5) for refusing a modification, and for other discretionary calls (s 8C(5), 11(6)), including an explicit risk assessment and any practicability constraints. Retain and make discoverable these records for oversight or review.
Gender/designation staffing and rostering (s 8A, 8C, 10A, 11)
Maintain lists of officers, health practitioners and helpers designated to exercise functions where gender‑matching is required and publish those designations as part of staff allocations (s 8A(2)-(3)). Build rostering capacity to ensure availability of same‑sex staff where practicable, and document instances where emergency or practicability exceptions are invoked (s 9(4)).
Secure handling of recordings and imaging (ss 10, 26D-26E)
Implement technical measures for secure storage, role-based access controls, audit logs, encryption and a procedure for lawful disclosure only to the enumerated recipients (ss 10(2); 26E(1)). Train staff about the 20-penalty-unit maximum for unauthorised showing and the permitted disclosure channels (lawyers, oversight bodies, courts, investigating officers).
Separate confinement procedures and health-record retention (s 4)
Standardise the separate-confinement checklist: water, toilet and shower access, bedding equal to non-isolated prisoners, clothing, two daylight hours of fresh-air exercise unless health practitioner advises otherwise, and keep the health practitioner advice on file as per s 4(2).
Safety orders and Aboriginal and Torres Strait Islander engagement (ss 7-8)
Implement a notification checklist that ensures cultural liaison officers and appointed elders/respected persons are told after a safety order is made and that the cultural liaison officer is invited to visit (s 8(1)-(2)). Ensure a nominated prisoner contact is notified when applicable (s 8(1)(c)).
For frontline officers
Follow identification and visitor-proving protocols (s 22)
Require visitors to produce any three of the prescribed documents (s 22(1)) and note the single-document exception for children (s 22(2)). Establish discretionary questioning procedures for unaccompanied children who cannot produce documents (s 22(3)).
Conduct searches with dignity and speed and provide prescribed information (s 46)
When searching under s 136(2)(b) of the Act, tell the person in advance where reasonably practicable, state the reason and seek cooperation. Conduct searches quickly and in a manner that preserves dignity (s 46).
Urinalysis and sample handling (ss 11-12)
Ensure at least two qualified corrective services officers are present for sample giving (s 11(4)) and that observers are gender-matched when the offender is detained (s 11(6)). Use disposable gloves for the full sampling process and ensure the offender is able to observe the sample until it is sealed (s 12(1)-(2)). For samples given in specimen jars, require the offender to secure the lid and hand the jar to the officer (s 12(3)).
For grantees and external program providers (Pt 4 Div 1, ss 27-41)
Governance and financial systems
Implement and maintain a financial delegations policy and appropriate internal controls (s 33; s 31). Keep accounting systems that allow funds from the chief executive to be separately identified and tracked (s 31(3)). Prepare annual budgets and ongoing variance analyses (s 32).
Policies and documentation
Keep and implement conflict-of-interest, confidentiality and eligibility policies (ss 36-39). Ensure these policies include mechanisms for declaration, recording and management of conflicts (s 36).
Handling surplus funds
If program receipts are required to be spent during a stated period and are not spent, expect and comply with a notice from the chief executive to return surplus amounts while the financial assistance agreement remains in force (s 35).
Records and continuity obligations
Maintain records for as long as required by the financial assistance agreement and ensure confidentiality policies continue to apply even after service delivery ceases (s 37(4)).
For legal representatives and oversight bodies
Access to recordings/images
Be prepared to request and receive recordings/images for clients or investigations under the narrow disclosure list in ss 10(2) and 26E(1). Ensure client consent forms are used if the prisoner consents to a recording being shown to a third party (s 10(2)(m); s 26E(1)(m)).
Seizure receipt audits
When property is seized, check that the receipt includes the name/address of the person, location in the facility, date/time, seizing officer and estimated value (s 47).
Operational audit and training
Training and induction
Train all custodial staff, health practitioners, cultural liaison officers, and civilian contractors on the regulation’s key operational duties: modification requests (s 8B), privacy and disclosure limits (ss 10, 26E), gender/designee rules (s 8A), and specimen-handling rules (s 11-12).
Auditable records and retention
Maintain auditable registers for: accepted/refused modification requests (s 8B(7)); breach-register copy distribution (s 6); health-practitioner advice for exercise denial in separate confinement (s 4(2)); and seizure receipts (s 47). Use these registers in monthly compliance reviews.
Procurement and technology
Where deploying surveillance or imaging equipment, ensure vendor products are assessed for secure storage and access control to meet the secure-storage and restricted-disclosure obligations in ss 10 and 26D-26E. Track device inventories in line with the equipment types listed as prescribed surveillance devices (s 26AA) and scanning apparatus (s 26A).
Record-highlighting and oversight preparation
Build a standard operating procedure that produces a package of material suited for oversight requests (inspector, ombudsman, CCC): decision records, redacted images (where appropriate), chain-of-custody notes, and the legal basis for each disclosure (ss 10, 26E).
These steps implement the specific obligations found in the regulation and create an auditable compliance trail for discretionary decisions, sensitive operational activities, grantee accountability, and oversight interactions.
(a) whether the prisoner’s accommodation in the corrective services facility closest to the prisoner’s family would pose an unacceptable risk to the safety of persons, including the prisoner, in the facility; and
(b) the prisoner’s security classification; and
(c) any orders to which the prisoner is subject. Example— An Aboriginal prisoner who is subject to a maximum security order can not be accommodated in the corrective services facility closest to the prisoner’s family unless the corrective services facility contains a maximum security unit.
sec.4 Separate confinement
sec.4 Separate confinement
The chief executive must ensure a prisoner undergoing separate confinement—
can access reticulated water, a toilet and shower facilities that, as far as practicable, are constructed in a way to prevent the prisoner from associating with other prisoners; and
is given the same type of mattress, sheets, blankets and pillow as the prisoner would have were the prisoner not in separate confinement; and
is given clothing appropriate for the prevailing conditions; and
is given the opportunity to exercise, in the fresh air, for at least 2 daylight hours a day, unless a health practitioner advises that it would not be in the interests of the prisoner’s health to exercise for a stated period or indefinitely.
The chief executive must keep a record of the advice received from a health practitioner under subsection (1) (d) .
s 4 amd 2023 Act No. 14 s 52 sch 1
(sec.4-ssec.1) The chief executive must ensure a prisoner undergoing separate confinement— can access reticulated water, a toilet and shower facilities that, as far as practicable, are constructed in a way to prevent the prisoner from associating with other prisoners; and is given the same type of mattress, sheets, blankets and pillow as the prisoner would have were the prisoner not in separate confinement; and is given clothing appropriate for the prevailing conditions; and is given the opportunity to exercise, in the fresh air, for at least 2 daylight hours a day, unless a health practitioner advises that it would not be in the interests of the prisoner’s health to exercise for a stated period or indefinitely.
(sec.4-ssec.2) The chief executive must keep a record of the advice received from a health practitioner under subsection (1) (d) .
(a) can access reticulated water, a toilet and shower facilities that, as far as practicable, are constructed in a way to prevent the prisoner from associating with other prisoners; and
(b) is given the same type of mattress, sheets, blankets and pillow as the prisoner would have were the prisoner not in separate confinement; and
(c) is given clothing appropriate for the prevailing conditions; and
(d) is given the opportunity to exercise, in the fresh air, for at least 2 daylight hours a day, unless a health practitioner advises that it would not be in the interests of the prisoner’s health to exercise for a stated period or indefinitely.
pt.2-div.2 Breaches of discipline
Breaches of discipline
sec.5 Breaches of discipline— Act , s 113
sec.5 Breaches of discipline— Act , s 113
For section 113 (1) of the Act , each of the following acts or omissions, if committed by a prisoner, is a breach of discipline—
contravening a lawful direction of a corrective services officer;
wilfully carrying out, in a careless or negligent way, something the prisoner is lawfully directed to do by a corrective services officer;
making something not expressly or impliedly approved as something the prisoner may make;
possessing or concealing something not expressly or impliedly approved as something the prisoner may possess;
knowingly consuming something not expressly or impliedly approved as something the prisoner may consume;
wilfully consuming or inhaling something likely to induce an intoxicated state, other than medication taken as prescribed by a health practitioner;
without the approval of a corrective services officer or health practitioner—
possessing or taking medication; or
giving or administering medication to another prisoner;
using abusive, indecent, insulting, obscene, offensive or threatening language in someone else’s presence;
acting in an indecent or offensive way in someone else’s presence;
acting in a way contrary to the security or good order of a corrective services facility;
making a complaint, other than a complaint to an official visitor or the chief inspector, about an act or omission of another prisoner or a corrective services officer, that is frivolous or vexatious;
organising or taking part in gambling;
without a corrective services officer’s approval, altering the prisoner’s appearance, or another prisoner’s appearance, so it significantly differs from the prisoner’s appearance described in the record kept under section 10 of the Act ;
wilfully damaging, destroying, removing or otherwise interfering with a video camera or other device used for monitoring part of the prison;
wilfully damaging or destroying clothing issued to the prisoner or another prisoner;
wilfully damaging or destroying property rented by the prisoner or another prisoner;
wilfully damaging or destroying any property that is part of a corrective services facility, or other property of the State in the facility;
obtaining another prisoner’s property, other than in circumstances expressly approved, or intentionally damaging another prisoner’s property;
sending mail purporting to be privileged mail if it is not privileged mail;
giving a positive test sample or being taken, under section 43 (4) of the Act , to have given a positive test sample;
attempting to do anything mentioned in paragraphs (a) to (s) .
s 5 amd 2023 Act No. 14 s 52 sch 1
(a) contravening a lawful direction of a corrective services officer;
(b) wilfully carrying out, in a careless or negligent way, something the prisoner is lawfully directed to do by a corrective services officer;
(c) making something not expressly or impliedly approved as something the prisoner may make;
(d) possessing or concealing something not expressly or impliedly approved as something the prisoner may possess;
(e) knowingly consuming something not expressly or impliedly approved as something the prisoner may consume;
(f) wilfully consuming or inhaling something likely to induce an intoxicated state, other than medication taken as prescribed by a health practitioner;
(g) without the approval of a corrective services officer or health practitioner— (i) possessing or taking medication; or (ii) giving or administering medication to another prisoner;
(i) possessing or taking medication; or
(ii) giving or administering medication to another prisoner;
(h) using abusive, indecent, insulting, obscene, offensive or threatening language in someone else’s presence;
(i) acting in an indecent or offensive way in someone else’s presence;
(j) acting in a way contrary to the security or good order of a corrective services facility;
(k) making a complaint, other than a complaint to an official visitor or the chief inspector, about an act or omission of another prisoner or a corrective services officer, that is frivolous or vexatious;
(l) organising or taking part in gambling;
(m) without a corrective services officer’s approval, altering the prisoner’s appearance, or another prisoner’s appearance, so it significantly differs from the prisoner’s appearance described in the record kept under section 10 of the Act ;
(n) wilfully damaging, destroying, removing or otherwise interfering with a video camera or other device used for monitoring part of the prison;
(o) wilfully damaging or destroying clothing issued to the prisoner or another prisoner;
(p) wilfully damaging or destroying property rented by the prisoner or another prisoner;
(q) wilfully damaging or destroying any property that is part of a corrective services facility, or other property of the State in the facility;
(r) obtaining another prisoner’s property, other than in circumstances expressly approved, or intentionally damaging another prisoner’s property;
(s) sending mail purporting to be privileged mail if it is not privileged mail;
(t) giving a positive test sample or being taken, under section 43 (4) of the Act , to have given a positive test sample;
(u) attempting to do anything mentioned in paragraphs (a) to (s) .
(i) possessing or taking medication; or
(ii) giving or administering medication to another prisoner;
sec.6 Prisoner to be given copy of details kept about breaches of discipline
sec.6 Prisoner to be given copy of details kept about breaches of discipline
The chief executive must give a prisoner a copy of the details contained in the register kept under section 120 of the Act for each breach of discipline it is decided the prisoner has committed.
The copy must be given to the prisoner as soon as practicable after the details are entered in the register.
(sec.6-ssec.1) The chief executive must give a prisoner a copy of the details contained in the register kept under section 120 of the Act for each breach of discipline it is decided the prisoner has committed.
(sec.6-ssec.2) The copy must be given to the prisoner as soon as practicable after the details are entered in the register.
pt.2-div.3 Safety orders
Safety orders
sec.7 Safety order conditions— Act , s 53
sec.7 Safety order conditions— Act , s 53
For section 53 (3) of the Act , the conditions are as follows—
the extent to which the prisoner is to be separated from other prisoners accommodated in the corrective services facility;
any special needs of the prisoner and how the needs must be met;
how and when the prisoner may receive visits;
the amount of property the prisoner may keep and access during the period of the safety order;
the prisoner’s access to approved activities, courses and programs;
the phone calls and electronic communications the prisoner may make.
(a) the extent to which the prisoner is to be separated from other prisoners accommodated in the corrective services facility;
(b) any special needs of the prisoner and how the needs must be met;
(c) how and when the prisoner may receive visits;
(d) the amount of property the prisoner may keep and access during the period of the safety order;
(e) the prisoner’s access to approved activities, courses and programs;
(f) the phone calls and electronic communications the prisoner may make.
sec.8 Safety order for Aboriginal or Torres Strait Islander prisoner
sec.8 Safety order for Aboriginal or Torres Strait Islander prisoner
After making a safety order for an Aboriginal or Torres Strait Islander prisoner, the chief executive must tell the following persons about making the order—
a cultural liaison officer;
if an Aboriginal or Torres Strait Islander elder, respected person or indigenous spiritual healer has been appointed for the corrective services facility—the elder, respected person or indigenous spiritual healer;
the person nominated by the prisoner as the prisoner’s contact person.
When telling the cultural liaison officer about making the safety order, the chief executive must ask the officer to visit the prisoner.
A failure to comply with subsection (1) or (2) does not invalidate the making of the safety order.
In this section—
cultural liaison officer means a corrective services officer who holds an appointment as a cultural liaison officer.
(sec.8-ssec.1) After making a safety order for an Aboriginal or Torres Strait Islander prisoner, the chief executive must tell the following persons about making the order— a cultural liaison officer; if an Aboriginal or Torres Strait Islander elder, respected person or indigenous spiritual healer has been appointed for the corrective services facility—the elder, respected person or indigenous spiritual healer; the person nominated by the prisoner as the prisoner’s contact person.
(sec.8-ssec.2) When telling the cultural liaison officer about making the safety order, the chief executive must ask the officer to visit the prisoner.
(sec.8-ssec.3) A failure to comply with subsection (1) or (2) does not invalidate the making of the safety order.
(sec.8-ssec.4) In this section— cultural liaison officer means a corrective services officer who holds an appointment as a cultural liaison officer.
(a) a cultural liaison officer;
(b) if an Aboriginal or Torres Strait Islander elder, respected person or indigenous spiritual healer has been appointed for the corrective services facility—the elder, respected person or indigenous spiritual healer;
(c) the person nominated by the prisoner as the prisoner’s contact person.
pt.2-div.4 Searches and test samples
Searches and test samples
sec.8A Meaning of terms used in division
sec.8A Meaning of terms used in division
In this division—
men’s corrective services facility means a corrective services facility other than a women’s corrective services facility.
qualified corrective services officer means a corrective services officer who has successfully completed training approved by the chief executive for the taking of a test sample of urine for analysis.
women’s corrective services facility —
means a corrective s
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