Corrections Amendment Act 2019

1: Title
This Act is the Corrections Amendment Act 2019.
2: Commencement
1: Sections 4(1) 7 8 10 11 12 25(1) to (3) 37 38 39 40 43
2: Any provision specified in subsection (1) that has not earlier been brought into force comes into force on the date that is 6 months after the date on which this Act receives the Royal assent.
3: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Corrections Act 2004 principal Act 2020-04-28 Corrections Act 2004 Sections 4(1), 7, 8, 10, 11, 12, 25(1)-(3) only. Can be brought into force earlier by OiC. See section 2(1) & (2) 2019-10-29 Corrections Act 2004 Rest of the Act (ie Part 1 excluding sections 4(1), 7, 8, 10, 11, 12, 25(1)-(3)). See section 2(3)
1: Amendments to principal Act
4: Section 3 amended (Interpretation)
1: In section 3(1) drug
c: a psychoactive substance within the meaning of section 9 of the Psychoactive Substances Act 2013
2: In section 3(1) at-risk assessment section 49(2) or 61A at-risk cell section 61H at-risk management plan section 61D at-risk prisoner Director-General of an intelligence and security agency imaging technology search section 92B intelligence and security agency rub-down search scanner search section 92A scope of practice self-care unit shared cell strip search
5: Section 10 amended (Delegation of powers and functions of chief executive)
After section 10(g)
gaa: the power under section 81AB
6: New section 19B inserted (Delegation of powers and functions of health centre managers)
After section 19A
19B: Delegation of powers and functions of health centre managers
1: A health centre manager may, either generally or particularly, delegate any of the powers and functions of the health centre manager under this Act or regulations made under this Act to a person specified in subsection (2) or (3)
2: In the case of a health centre manager appointed to a corrections prison that is not a contract prison, the delegation may be made to a registered health professional who is an employee of the department.
3: In the case of a health centre manager appointed to a contract prison, the delegation may be made to a registered health professional who is an employee of the contractor (or subcontractor, within the meaning of section 199C) that manages the contract prison.
4: Section 13(2) and (5) to (7) applies to a delegation under this section, and any reference in those provisions to a prison manager is taken to be a reference to a health centre manager.
7: Section 42 amended (Certain information to be given to recently received prisoners)
1: Replace section 42(1)
1: The manager of a prison must ensure that, on the reception of a prisoner, or reasonably promptly after the prisoner is received, the prisoner is given, in writing, relevant and sufficient information about—
a: the operation of the prison; and
b: the rules of the prison made under section 33; and
c: the rules about authorised property made under section 45A; and
d: the entitlements of prisoners; and
e: offences against discipline under sections 128 to 131; and
f: the complaints system operating at the prison.
2: After section 42(2)
3: The manager of a prison must, as far as is practicable, also provide the information and advice in a form and language that are accessible and appropriate to the prisoner.
8: Section 49 amended (Prisoners must be assessed on reception and have needs addressed)
In section 49
2: The assessment under subsection (1)﻿(a)
9: Section 51 amended (Management plans)
After section 51(3)
3A: A plan may comprise more than 1 document, and those documents may be kept in different physical or electronic locations.
10: Section 57 replaced (Segregation)
Replace section 57
57: Denial or restriction of prisoner’s opportunity to associate with other prisoners
The opportunity of a prisoner to associate with other prisoners must not be denied or restricted, except in accordance with this Act.
11: Section 60 amended (Segregation for purpose of medical oversight)
1: In section 60(1)﻿(a) health , except against the risk of self-harm
2: In section 60(1)﻿(b) (including, without limitation, the risk of self-harm)
3: Replace section 60(5) and (6)
5: While a direction under this section is in force, the health centre manager must, unless he or she is satisfied that it is not necessary in the circumstances, ensure that a registered health professional visits the prisoner concerned at least once a day.
12: New sections 61A to 61H and cross-heading inserted
After section 61 Prisoners at risk of self-harm
61A: Ongoing assessment for risk of self-harm
A prisoner who has been assessed, in accordance with section 49(2)
61B: Initial steps that prison manager and health centre manager must take in respect of at-risk prisoner
The initial steps that must be taken in respect of an at-risk prisoner are—
a: the prison manager must ensure that the prisoner is promptly placed in an at-risk cell or alternative accommodation that the prison manager considers adequate to protect the prisoner from self-harm; and
b: the prison manager must ensure that the prisoner is observed by an officer at the intervals that the prison manager specifies; and
c: the health centre manager must ensure that a registered health professional visits the prisoner at least twice per day (unless the health centre manager is satisfied that it is not necessary in the circumstances).
61C: Confirmation of at-risk prisoner assessment
1: The prison manager must, in respect of an at-risk prisoner, obtain the advice of the health centre manager within 24 hours after the prisoner’s at-risk assessment.
2: After considering the advice, the prison manager must—
a: reverse the at-risk assessment, if the prison manager considers that the prisoner is not at risk of self-harm; or
b: confirm the at-risk assessment, if the prison manager considers that the prisoner is at risk of self-harm.
61D: At-risk management plan established
1: If a prison manager confirms a prisoner’s at-risk assessment, the prison manager must ensure that an at-risk management plan is established for the prisoner as soon as practicable.
2: The plan must be established in consultation with—
a: the health centre manager; and
b: any other person within or outside the department that the prison manager considers has relevant expertise or knowledge.
61E: Content of at-risk management plan
1: An at-risk management plan must specify—
a: the restrictions (if any) on the opportunity of the prisoner to associate with other prisoners; and
b: the steps to be taken to address the prisoner’s risk of self-harm; and
c: the situations in which the prisoner must be strip searched.
2: The plan may specify restrictions on the opportunity of the prisoner to associate with other prisoners only to the extent that those restrictions are necessary for the safety of the prisoner or the safety of other prisoners.
3: If the plan specifies restrictions on the opportunity of the prisoner to associate with other prisoners, the prison manager must ensure that—
a: the prisoner is promptly informed in writing of the reasons for the restrictions; and
b: the chief executive is promptly informed in writing of the restrictions and of the reasons for those restrictions.
4: The chief executive may, at any time, revoke or modify a restriction on the opportunity of a prisoner to associate with other prisoners and amend the plan accordingly.
5: The plan must be revised as necessary at regular intervals, in accordance with any requirements prescribed by regulations made under this Act and any relevant instructions issued under section 196.
61F: Revocation of confirmed at-risk assessment
1: The prison manager must revoke the confirmed at-risk assessment of an at-risk prisoner if the prison manager is satisfied, after obtaining the advice of the health centre manager, that the prisoner is no longer at risk of self-harm.
2: On the revocation of a prisoner’s at-risk assessment by the prison manager, the at-risk management plan for that prisoner ends.
61G: Health centre manager must consult registered health professional if advice outside scope of practice
A health centre manager must not give advice under section 61C or 61F
61H: Designation of at-risk cell
1: The prison manager may designate a cell as an at-risk cell.
2: The designation must be in writing and may be revoked at any time.
3: An at-risk cell must have items and features, including items and features necessary for the safety of the prisoner, prescribed by regulations made under this Act and must meet prescribed standards.
13: Section 77 amended (Outgoing telephone calls)
Replace section 77(6)
6: Every prisoner who makes an outgoing telephone call may be required to—
a: meet the cost of the call; or
b: pay a fee set by the chief executive.
7: Despite subsection (6)
14: Section 81A amended (Request and approval for placement of child with mother)
1: After section 81A(5)
5A: If the chief executive refuses approval for a child’s placement under subsection (1), or ends a placement under subsection (5), the chief executive must—
a: provide reasons for the decision; and
b: notify the prisoner in writing of the decision and the process for reconsideration of the decision.
2: In section 81A(6) sections 81B and 81C sections 81AB
15: New section 81AB inserted (Reconsideration of decision relating to child’s placement)
After section 81A
81AB: Reconsideration of decision relating to child’s placement
1: At the request of the prisoner, the chief executive must reconsider a decision (the decision
a: refusing approval for the child’s placement ( see
b: ending the child’s placement ( see
2: A request for reconsideration must be made within 14 days after the prisoner has been notified in writing of the decision.
3: The chief executive must reconsider the decision against the relevant criteria set out in section 81A, except that the chief executive is not required to repeat the steps set out in section 81A(4).
4: A decision is not suspended while it is being reconsidered.
5: On reconsideration of the decision, the chief executive may do any of the following:
a: affirm it:
b: amend it:
c: rescind it and substitute a different decision.
6: The chief executive must—
a: provide reasons for the outcome under subsection (5)
b: notify the prisoner in writing of the outcome.
16: New sections 82A and 82B inserted
After section 82
82A: Types of permitted accommodation
Subject to any restrictions set out in this Act or regulations made under this Act, a prisoner may be accommodated in an individual cell, a shared cell, or a self-care unit.
82B: No legitimate expectation as to conditions, etc
1: To avoid doubt, a prisoner does not have any legitimate expectation of—
a: being accommodated in, or of being provided with, the same or similar conditions during the whole term of his or her sentence, period of remand, or other period of detention; or
b: being provided with the same or similar programmes or opportunities during the whole term of his or her sentence, period of remand, or other period of detention.
2: Subsection (1)
17: Section 87 amended (Restraint of prisoners)
1: Replace section 87(5)
5: A mechanical restraint must not be used on a prisoner for more than 24 hours at a time unless the use of the restraint for more than 24 hours—
a: is authorised by the prison manager and is, in the opinion of a medical officer, necessary to protect the prisoner from self-harm; or
b: is, in the case of a prisoner who has been temporarily removed to a hospital outside the prison for treatment, necessary to prevent the escape of the prisoner or to maintain public safety.
2: In section 87(5A) (5) (5)﻿(a)
3: Replace section 87(6)
6: Despite subsections (1) to (5)
7: In subsection (6) chains or irons
18: Section 91 amended (Definition of scanner search)
1: In the heading to section 91 search for purposes of Public Safety (Public Protection Orders) Act 2014
2: In section 91 this Act the Public Safety (Public Protection Orders) Act 2014
19: Section 92 amended (Definition of x-ray search)
1: In the heading to section 92 search for purposes of Public Safety (Public Protection Orders) Act 2014
2: In section 92(1) this Act the Public Safety (Public Protection Orders) Act 2014
3: In section 92(2) x-ray search under that Act
20: New sections 92A to 92D inserted
After section 92
92A: Meaning of scanner search for purposes of this Act
1: For the purposes of this Act, scanner search
a: in a person’s body:
b: beneath or within clothing or possessions.
2: For the purpose of facilitating a scanner search under this Act, the person conducting the search may require the person being searched to—
a: remove any item of outer clothing (including, without limitation, any jacket, jumper, or sweatshirt) that needs to be removed in order to carry out the search, except where the person being searched has no other clothing, or only underclothing, under that outer clothing:
b: remove any head covering, gloves, footwear (including socks or stockings), belts, jewellery, or other accessories:
c: comply with any other procedure that needs to be undertaken to carry out the search.
92B: Meaning of imaging technology search
For the purposes of this Act, imaging technology search
a: means a scanner search that produces an image of the body or part of the body (whether external or internal) of the person being searched; and
b: includes, without limitation, a search using an x-ray machine or a body scanner.
92C: Particular matters relating to imaging technology searches
1: An image produced as a result of an imaging technology search must,—
a: so far as practicable, avoid showing a clear image of the body beneath clothing; and
b: obscure the genitals or make them not easily distinguishable if they are included in the image.
2: An image produced as a result of an imaging technology search must be retained only as long as is necessary to determine the presence of an unauthorised item.
3: Despite anything to the contrary in another enactment, a person who conducts an imaging technology search must not, without reasonable excuse, photograph or copy the image or provide the image to another person.
92D: Particular restrictions when imaging technology search used as alternative to strip search
1: The restrictions in section 92C(1) section 98(9)
2: However, an image that is produced using imaging technology—
a: may be viewed only by an officer or a constable of the same sex as the person who is searched; and
b: may not be viewed by another prisoner.
21: Section 93 amended (Restrictions on internal examinations)
In section 93 92 92B
22: Section 94 amended (Restrictions on searches)
1: Replace section 94(1)
1: The following searches may be carried out only by a person of the same sex as the person to be searched:
a: a rub-down search:
b: a strip search:
c: an imaging technology search that is used as an alternative to a strip search under section 98(9)
1A: A strip search must not be carried out in view of any person who is not of the same sex as the person to be searched.
2: In section 94(2) strip search, or x-ray search or strip search
23: Section 96 amended (Authority to search property)
1: Replace section 96(1)
1: Authority conferred by this Act to conduct a scanner search of any person includes the authority to search—
a: any item carried by, or in the possession of, that person:
b: any outer clothing removed for the purposes of the search:
c: any head covering, gloves, footwear (including socks or stockings), belts, jewellery, or other accessories removed for the purposes of the search.
2: In section 96(3) or x-ray search
3: In section 96(7) or x-ray
24: Section 97 amended (Use of dogs for searching)
Replace section 97(3)
3: While any officer is using a dog for the purposes of searching any person, the officer who has control of the dog must take reasonable steps to prevent the dog from coming into physical contact with the person being searched.
25: Section 98 amended (Search of prisoners and cells)
1: After section 98(6)﻿(b)
ba: on the return of the prisoner to the prison after the prisoner has been outside the prison in the control of an officer, a probation officer, or a staff member who is not an officer:
2: Repeal section 98(7)﻿(b)
3: Replace section 98(7A) and (7B)
7A: Every at-risk prisoner must be required to undergo a strip search conducted by an officer—
a: each time the prisoner enters an at-risk cell, until an at-risk management plan is established for the prisoner:
b: in the situations set out in the at-risk management plan for the prisoner.
4: Replace section 98(9)
9: If a prisoner is required to undergo a strip search under this section, a scanner search may be undertaken as an alternative if the chief executive has approved the device as suitable for the purpose of replacing a strip search.
26: Section 99 amended (Search of persons other than prisoners)
After section 99(4)
4A: Any person may be refused admission to a prison or part of the prison, refused access to a prisoner, or required to leave the prison or place where the prisoner is (as the case may be) if the person refuses to remove an item of outer clothing (on the grounds that the person has no other clothing, or only underclothing, under that outer clothing) for the purpose of a scanner search or a rub-down search.
27: Section 104 amended (General considerations relating to mail)
After section 104(f)
g: the interests of victims:
h: the potential impacts of the written material on persons beyond the intended recipient, including the potential for the sharing and publication of the material:
i: the potential for messages to be disseminated through coded references.
28: Section 108 amended (Withholding mail)
1: In section 108(1)﻿(d) it is correspondence that the manager believes on reasonable grounds is likely to— the manager believes on reasonable grounds that the correspondence may, directly or indirectly,—
2: In section 108(1)﻿(d)﻿(i) a person to whom it is being sent by the prisoner any person
3: After section 108(1)﻿(d)﻿(vi)
vii: promote or encourage hostility towards any group of persons on 1 or more of the grounds specified in section 21 of the Human Rights Act 1993.
29: Section 117 amended (Authorised disclosure of information)
Repeal section 117(7)
30: Section 118 amended (Restrictions on disclosure of information)
In section 118(1) or in accordance with the Privacy Act 1993
31: Section 120 amended (Destruction of recordings)
1: In section 120(3) State Sector Act 1988 (except an intelligence and security agency)
2: After section 120(3)
3A: The Director-General of an intelligence and security agency must ensure that every recording of a prisoner call held by the agency that was obtained by the monitoring of the call under this Act is destroyed, or completely erased, as soon as practicable if the recording is not required, or is no longer required, by the agency for the purpose of its functions.
3: In section 120(4) (1) and (3) (1), (3), and (3A)
32: Section 128 amended (Offences by prisoner)
After section 128(1)﻿(n)
o: tattoos another prisoner:
p: receives a tattoo with his or her consent:
q: tattoos himself or herself:
r: contacts a person in breach of a court order or direction of any court.
33: Section 146 replaced (Contravention of section 110A or 118)
Replace section 146
146: Offences in relation to mail, information, and images
Every person who contravenes section 92C(3)
34: Section 202 amended (Regulations relating to safe custody of prisoners)
1: In section 202(g) under section 58 or section 59 or section 60
2: In section 202(k), replace x-ray imaging technology
35: Section 203 amended (Regulations relating to treatment of prisoners)
After section 203(b)
ba: prescribing matters that must be included in rehabilitative programmes, and different matters may be prescribed for different rehabilitative programmes and different classes of prisoners:
2: Consequential amendments to Corrections Regulations 2005
36: Amendments to Corrections Regulations 2005
This Part consequentially amends the Corrections Regulations 2005 2020-04-28 Corrections Regulations 2005 Sections 37, 38, 39, 40, 43 only (see s 2(1)). Can be brought into force earlier by OiC (see s 2(2). 2019-10-29 Corrections Regulations 2005 Sections 36, 41, 42, 44 only (see s 2(1) & (3)).
37: Regulations 57 and 58 and cross-headings replaced
Replace regulations 57 58 Prescribed segregation and at-risk facilities
57: Mandatory items, features, and standards for segregation accommodation and at-risk cells
1: Cells used to accommodate prisoners subject to a segregation direction must have the items and features specified in Part A of Schedule 2.
2: At-risk cells must have the items and features specified in Part A of Schedule 2, other than a bed.
3: The prison manager must ensure that the items and features specified in Part A of Schedule 2 that are provided for use in, or form part of, a cell to which this regulation applies are maintained in good working order. Additional segregation and at-risk facilities
58: Additional segregation and at-risk facilities
1: Natural lighting must be provided in the following cells:
a: a cell used in a corrections prison for the accommodation of a prisoner subject to a segregation direction issued under section 58, 59, or 60 of the Act:
b: an at-risk cell.
2: The requirement for natural lighting is in addition to the items or features referred to in regulation 57(1) or (2)
38: Regulation 60 amended (Cells for prisoners at risk of self-harm)
Replace regulation 60(1) and (2)
1: An at-risk cell must, in addition to the items and features referred to in regulations 57(2) and 58
a: have the features and contain the items specified in Part C of Schedule 2; and
b: so far as is practicable in the circumstances, have the feature specified in Part D of Schedule 2.
2: Despite subclause (1) subclause (1)
39: Regulation 61 amended (Cells for the assessment of prisoners’ mental health)
In regulation 61(1) and (2) for reasons other than the risk or possible risk of self-harm
40: Regulation 63 replaced (Prisoners at risk of self-harm)
Replace regulation 63
63: Prisoners at risk of self-harm
1: A suitable registered health professional must keep written notes of each visit to an at-risk prisoner and the notes must be entered on the prisoner’s health record.
2: Within 24 hours of a prisoner’s assessment as an at-risk prisoner, the health centre manager must visit the prisoner and prepare a report on the prisoner, but this does not apply if the health centre manager has visited the prisoner and written a report when providing advice to the prison manager under section 61C
3: The health centre manager must—
a: record any advice given under section 61C
b: arrange for a copy of any report prepared to be put in the health record of the prisoner.
4: After visiting a prisoner under subclause (2)
a: whether or not the prisoner should be denied access, under section 69(2)﻿(c) of the Act, to all or any of the minimum entitlements referred to in section 69, or, if the prisoner has already been denied access to all or any of those entitlements under section 69(2)﻿(c), whether the prisoner should continue to be denied access to those entitlements:
b: whether or not the prisoner should be denied access to any other item (such as clothing).
5: The health centre manager must record a recommendation under subclause (4)
6: Before the health centre manager makes a recommendation under subclause (4)
7: As far as is practicable in the circumstances and consistent with maintaining the prisoner’s safety, an at-risk prisoner must be detained under the same conditions as if he or she were not at risk of self-harm, including access to activities in accordance with his or her management plan and access to authorised property.
41: Regulation 66 replaced (Individual cells)
Replace regulation 66
66: Individual cells and shared cells
1: A prisoner may be accommodated in a shared cell unless the prison manager is satisfied that the prisoner is unsuited for the shared cell accommodation that is available.
2: Before accommodating a prisoner in a shared cell, the prison manager must ensure that the prisoner is assessed to determine whether he or she is suited for the available shared cell accommodation.
3: A prisoner who is assessed as unsuited for the available shared cell accommodation must be accommodated in an individual cell.
42: Regulation 196 revoked (No legitimate expectation as to conditions, etc)
Revoke regulation 196
43: Schedule 2 amended
1: In the Schedule 2 prisoners and prisoners at risk of self-harm
2: In Schedule 2 the purposes of section 61 of the Act cells for segregated prisoners
44: Schedule 3 amended
1: In Schedule 3 Heating appropriate to climatic conditions and suitable for the number of occupants and the daily regime
2: In Schedule 3 Privacy screening consistent with safe custodial management (including, in the case of a shared cell, privacy screening of the toilet and shower from view by other cell occupants)
3: In Schedule 3 Fresh or conditioned air suitable for the number of occupants and the daily regime
4: In Schedule 3 Heating appropriate to climatic conditions and suitable for the number of occupants and the daily regime
5: In Schedule 3 Fresh or conditioned air suitable for the number of occupants and the daily regime
6: In Schedule 3 Intercom, alarm, or call button (in the case of a shared cell) Privacy screening consistent with safe custodial management (including, in the case of a shared cell, privacy screening of the toilet and shower from view by other cell occupants)