Corrections Amendment Act 2013

1: Title
This Act is the Corrections Amendment Act 2013.
2: Commencement
1: Section 1 sections 4(2) and (3) 32 34(2) and (3) 39 41 to 46 Part 3
2: The rest of this Act comes into force on the day that is 3 months after the date on which it receives the Royal assent.
1: Amendments to Corrections Act 2004
3: Principal Act amended
This Part Corrections Act 2004 2013-03-05 Corrections Act 2004 Section 1, this section, sections 4(2) and (3), 32, 34(2) and (3), 39, and 41 to 46, come into force on the day after the date on which this Act receives the Royal assent. 2013-06-04 Corrections Act 2004 The rest of this Act comes into force on the day that is 3 months after the date on which it receives the Royal assent. This section, sections 4(2) and (3), 32, 34(2) and (3), 39, and 41 to 46 are already in force.
4: Interpretation
1: Section 3(1) authorised property authorised property section 45A .
2: The definition of unauthorised item section 3(1)
ba: tobacco:
bb: any equipment used for smoking tobacco or any other substance: .
3: Paragraph (f) of the definition of unauthorised item section 3(1) section 129(a) , section 129(aa)
4: Paragraph (fa) of the definition of unauthorised item section 3(1) or dilute or contaminate tamper with
5: Section 3(1) health centre manager section 19A nurse .
5: Delegation of powers and functions of chief executive
1: Section 10
ea: the power to reconsider a prisoner's security classification under section 48(2); or .
2: Section 10
g: the power to grant approvals under sections 66(5)(a) and 66A(2)
ga: the power to approve an employee for the purposes of any regulations made under this Act; or .
6: Visiting Justices
Section 19(4)(f)
7: New section 19A inserted
The following section is inserted after section 19
19A: Health centre managers
1: For every prison (not being a contract prison or Police jail), the chief executive must appoint, under the State Sector Act 1988, a health centre manager.
2: A contractor must appoint a health centre manager for every contract prison managed by that contractor.
3: Each health centre manager must be a medical practitioner or a nurse.
4: Every health centre manager is responsible for ensuring the provision of health care and treatment to prisoners.
8: New section 20 substituted
Section 20
20: Medical officers
1: The chief executive must ensure that every prison (other than a Police jail) has a sufficient number of medical officers to meet prisoners' needs for medical care and medical treatment.
2: Every contractor must ensure that every contract prison managed by that contractor has a sufficient number of medical officers to meet prisoners' needs for medical care and medical treatment.
3: Each medical officer must be a medical practitioner.
9: Manager may make rules for prison
1: Section 33(1) and (2) , subject to subsection (6) may
2: Section 33
6: No rules may be made under this section that relate to matters for which rules must or may be made under section 45A
10: Certain information to be given to recently received prisoners
Section 42(1) , rules about authorised property made under section 45A section 33
11: Authorised property
1: Section 43
1: A prisoner may be issued with, or allowed to keep, authorised property subject to—
a: any condition set out in rules made under section 45A
b: any special conditions imposed by the prison manager relating to the use of the property; and
c: the condition described in section 44(1).
2: Section 43(3)(c) or rules made under section 45A
12: Standard conditions of issue and transfer of issued items
1: Section 44(1) section 43(1)(a) section 43(1)(c)
2: Section 44(2)(a) regulations made under this Act rules made under section 45A
3: Section 44(2)(c) regulations made under this Act rules made under section 45A
13: New section 45A inserted
The following section is inserted after section 45
45A: Rules about authorised property
1: The chief executive—
a: must, in respect of all corrections prisons, make rules declaring the items of property that prisoners may be issued with or allowed to keep; and
b: may make rules imposing conditions that attach to an item of property so declared; and
c: must publish the rules on an Internet site; and
d: must make the rules available for public inspection free of charge and for purchase at a reasonable price; and
e: must give notice in the Gazette
i: the Internet site on which the rules are published; and
ii: the place where the rules can be inspected; and
iii: the place where the rules can be purchased.
2: The Commissioner of Police—
a: must, in respect of all Police jails, make rules declaring the items of property that prisoners may be issued with or allowed to keep; and
b: may make rules specifying conditions that attach to an item of property so declared; and
c: must arrange for the rules to be made available and published in accordance with subsection (1)(c) to (e)
3: Rules made under subsection (1) or (2)
14: Segregation for purpose of medical oversight
1: Section 60(1) a medical officer the health centre manager
2: Section 60
1A: Before a health centre manager makes a recommendation under subsection (1) that relates to a matter outside his or her scope of practice, he or she must consult a medical practitioner whose scope of practice includes that matter.
3: Section 60(4) medical officer health centre manager
4: Section 60(5)
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—
a: at least once per day; or
b: if the prisoner is assessed to be at risk of self-harm, at least twice per day.
6: In this section, scope of practice
15: New section 66A inserted
The following section is inserted after section 66
66A: Self-employment
1: Every prisoner (other than a prisoner who is only awaiting trial or on remand or who is detained under the Immigration Act 2009) may, subject to the prison manager's approval, be self-employed while in custody and be employed in that work within the prison or outside the prison in which he or she is detained.
2: The prison manager must not approve a prisoner to be self-employed under this section unless the work—
a: is of a kind described in subsection (3)
b: is done under the conditions approved by the chief executive.
3: The work referred to in subsection (2)
4: Any work in which a prisoner is employed under this section must be carried out in accordance with any prescribed requirements.
16: Earnings of employed prisoner
Section 67(2)
2: Every prisoner described in subsection (4)
3: A person who receives money on behalf of a prisoner engaged in self-employment must, after deducting any commission, pay to the chief executive to the credit of the prisoner, those sums on account of the prisoner's earnings in that employment that the chief executive determines.
4: Subsections (2) and (3)
a: temporarily released from custody under section 62 to engage in self-employment; or
b: engaged in self-employment at the prison.
17: Application of money
1: Section 68(a) or self-employment employment
2: Section 68(b) or self-employment employment
3: Section 68
ba: the cost of the prisoner's detention for each week during which he or she is allowed, at any time, to engage in self-employment while in the custody of the chief executive, but not exceeding the weekly rate fixed by the Minister: .
18: Minimum entitlements
Section 69(4)
aa: may be denied, for not more than 2 consecutive days at a time, the minimum entitlement referred to in subsection (1)(a) if—
i: the prisoner has been temporarily released from custody or temporarily removed from prison under section 62 or removed for judicial purposes under section 65; and
ii: in the opinion of the prison manager, it is not practicable to provide the entitlement during the times the prisoner is in the prison: .
19: Diet
1: Section 72(1)
2: Section 72(3) or health centre manager medical officer
20: Use of force
Section 83(3) prescribed authorised
21: Restraint of prisoners
Section 87(5)
5: A prison manager may authorise the use of a mechanical restraint on a prisoner for more than 24 hours only if, in the opinion of a medical officer, continued restraint is necessary to protect the prisoner from self-harm.
5A: An authorisation under subsection (5)
a: be in writing; and
b: specify the type of restraint to be used; and
c: specify the time during which the prisoner is to be kept under restraint; and
d: include a record of the medical officer's opinion that the restraint is necessary to protect the prisoner from self-harm.
22: Definition of strip search
1: Section 90(2)
f: with his or her legs spread apart, bend his or her knees until his or her buttocks are adjacent to his or her heels: .
2: Section 90
3: Authority to conduct a strip search—
a: includes the authority to conduct a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, ears, and anal and genital areas; but
b: does not authorise the insertion of any instrument, device, or thing into any orifice of those kinds.
23: Search of prisoners and cells
1: Section 98(6)(b) after the prisoner is temporarily released from custody
2: Section 98(7)
b: on the return of the prisoner to the prison—
i: after the prisoner has been outside the prison in the control of an officer, probation officer, or staff member who is not an officer; but
ii: not if the prisoner is returning to the prison from work; and .
3: Section 98
7A: Every prisoner who is subject to a direction under section 60(1)(b) because of risk of self-harm must be required to undergo a strip search conducted by an officer—
a: when the prisoner is first placed in a segregation area pursuant to the direction; and
b: each time the prisoner is returned to the segregation area after the prisoner has been in a part of the prison that is used by prisoners who are not subject to a segregation direction.
7B: In this subsection and subsection (7A) segregation area segregation direction
4: Section 98(8)(a) dilute, contaminate, or otherwise may
5: Section 98(8)(b) dilution, contamination, or such
24: Interpretation
Section 103A
103A: Interpretation
In this section and in sections 104 to 110A, unless the context otherwise requires, authorised person
a: a prison manager; or
b: a staff member authorised by the manager, in writing, to read correspondence for the purpose of section 107.
25: General considerations relating to mail
Section 104
26: Opening of mail
Section 106
2: Any mail to or from a prisoner that is to be opened or examined must be opened and examined by a staff member in the presence of 1 other staff member.
27: Reading of correspondence
1: Section 107(1) officer person
2: Section 107(2) officer person
28: New section 109 substituted
Section 109
109: Mail between prisoners, official agencies, and members of Parliament
A staff member must not open any mail and an authorised person must not read any correspondence and a prison manager must not withhold any mail that—
a: is from a prisoner to an official agency; or
b: is from a prisoner to a member of Parliament and is addressed to that member at Parliament; or
c: is from an official agency or member of Parliament to a prisoner, and accompanied by a covering letter addressed to the prison manager stating that the agency or member of Parliament is acting in an official capacity in respect of the prisoner.
29: Mail between prisoners and legal advisers
1: Section 110
1: A staff member must not open any mail and an authorised person must not read any correspondence and a prison manager must not withhold any mail between a prisoner and his or her legal adviser, unless authorised to do so under any of subsections (2) to (6).
2: Section 110(2) An authorised officer A staff member
30: Restrictions on disclosure of mail
1: Section 110A(a)
2: Section 110A(b)
31: Destruction of recordings
Section 120
1: The chief executive must take all practicable steps to ensure that every recording of a prisoner call held by the chief executive is destroyed or completely erased,—
a: not later than 2 years after the call was made unless the chief executive has within that time considered that the information contained in the recording is likely to be—
i: required for the purposes of an investigation into an offence or possible offence; or
ii: required for the purposes of an investigation into the possibility that an offence may be committed in the future; or
iii: required for evidence in a prosecution or possible prosecution for an offence, or in disciplinary proceedings, or in proceedings against a prisoner for a disciplinary offence; or
iv: required to be disclosed under the Privacy Act 1993; or
b: within a time prescribed in regulations (being a time not later than 2 years after the call was made) if any circumstances prescribed in regulations apply.
1A: If a recording of a prisoner call is held by the chief executive for any reason specified in subsection (1)(a)
32: Prisoner may be required to submit to drug or alcohol test
1: Section 124(1) and subject to any limitations prescribed by regulations subsection (2)
2: Section 124(2)(a) believes suspects
33: Obligations of persons carrying out procedure
Section 125(a)(iii) dilute, contaminate, or otherwise offence to
34: Offences by prisoners relating to drugs and alcohol
1: Section 129(a) or health centre manager medical officer
2: The heading to section 129 and alcohol , alcohol, and smoking
3: Section 129
aa: smokes tobacco or any other substance inside a prison; or .
4: Section 129
c: does any of the following in respect of any sample required to be supplied (whether by that prisoner or any other prisoner) in accordance with a prescribed procedure:
i: consumes, administers, or supplies any substance with intent to dilute or contaminate the sample:
ii: otherwise tampers with the sample.
35: Offences committed by persons while on temporary release from custody under section 62
Section 130(1) or health centre manager medical officer
36: Powers of hearing adjudicator in relation to offences against discipline
1: Section 133(3)(a) all or any privileges
2: Section 133
3A: The hearing adjudicator must take into account the prisoner's circumstances before imposing any forfeiture or postponement of privileges under subsection (3)(a).
37: Powers of Visiting Justice in relation to offences by prisoners
1: Section 137(3)(a) all or any privileges
2: Section 137
3A: The Visiting Justice must take into account the prisoner's circumstances before imposing any forfeiture or postponement of privileges under subsection (3)(a).
38: New heading and section 165 substituted
The heading above section 165 Health records
165: Health records
1: Every medical officer must ensure that an adequate record of the health care or treatment provided by that officer to a prisoner at a prison is maintained and kept securely and not treated as part of the prison records for that prisoner or former prisoner, as the case may be.
2: Every health centre manager must ensure that—
a: an adequate record of the health care or treatment provided to a prisoner at a prison is maintained; and
b: full health records (including dental records of prisoners or former prisoners at the prison) are kept securely; and
c: the health record of any prisoner or former prisoner at the prison is not treated as part of the prison records of that prisoner or former prisoner, as the case may be.
39: New heading and section 179AA inserted
The following heading and section are inserted after section 179 Status of certain rules and regulations relating to smoking in prisons
179AA: Status of certain rules and regulations relating to smoking in prisons
1: On and from 12 February 2013, the following rules and regulations must be treated as if they were made after Part 3
a: any rule made before 12 February 2013 by a prison manager under section 33 that forbids prisoners to smoke tobacco or any other substance, or forbids prisoners to possess tobacco or any tobacco-related item; and
b: regulations 4 and 6 of the Corrections Amendment Regulations 2012.
2: On and from 12 February 2013, no proceedings may be brought against the Crown questioning the validity of any rules or regulations referred to in subsection (1)
3: Nothing in this section affects proceedings commenced before 12 February 2013 to the extent that any relief sought or granted in those proceedings relates only to the period before 12 February 2013.
40: New heading and section 189D inserted
The following heading and section are inserted after section 189C Information associated with seized electronic communication devices
189D: Chief executive may require electronic communications company to provide information to access contents of seized device
1: This section applies if an electronic communication device is seized under section 150 and the chief executive believes, on reasonable grounds, that it is necessary for the detection or investigation of an offence under this Act to examine the contents of the device.
2: If this section applies, the chief executive may by notice in writing require an electronic communications company to provide information, to the extent that it is stored by the company in the ordinary course of its business, that will enable the chief executive to access the contents of the device (for example, information that will unlock or unblock the device).
3: The department must pay for the actual and reasonable costs (if any) incurred by an electronic communications company in providing information required under this section.
4: In this section,— contents of the device electronic communications company
41: Matters to be included in annual report
Section 190(3)(a)(i) section 199D(2) and (3) section 199D(1A)
42: New sections 199AA and 199AB inserted
The following sections are inserted after section 199
199AA: Delegation of powers and functions of chief executive to contractor
1: Without limiting sections 41 and 42 of the State Sector Act 1988, but subject to section 10 of this Act, the chief executive may delegate to a contractor or an employee of a contractor, either generally or particularly, any of the functions or powers of the chief executive under this Act.
2: Subject to any general or special directions given or conditions imposed by the chief executive, a contractor or an employee of a contractor to whom any functions or powers are delegated may perform those functions or exercise those powers in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
3: A contractor or an employee of a contractor who has been delegated any functions or powers under subsection (1)
4: A contractor or an employee of a contractor who appears to act under a delegation is presumed to be acting in accordance with its terms and conditions in the absence of evidence to the contrary.
5: A delegation made under this section is revocable at any time in writing and until it is revoked continues in force according to its tenor, despite the fact that the chief executive by whom it was made may have ceased to hold office, and continues to have effect as if made by the successor in office of that chief executive.
6: A delegation under this section does not affect the exercise of any function or power by the chief executive or the responsibility of the chief executive for the actions of any person acting under the delegation.
199AB: Delegation of powers and functions of chief executive to subcontractor
1: Without limiting sections 41 and 42 of the State Sector Act 1988, but subject to section 10 of this Act, the chief executive may delegate to a subcontractor referred to in section 199C or an employee of that subcontractor, either generally or particularly, any of the functions or powers of the chief executive under this Act.
2: Subject to any general or special directions given or conditions imposed by the chief executive, a subcontractor or employee of that subcontractor to whom the functions or powers are delegated may perform those functions or exercise those powers in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
3: A subcontractor or an employee of a subcontractor who has been delegated any functions or powers under subsection (1)
4: A subcontractor or an employee of a subcontractor who appears to act under a delegation is presumed to be acting in accordance with its terms and conditions in the absence of evidence to the contrary.
5: Section 199AA(5) and (6)
43: Reporting responsibilities
Section 199D
1A: A contractor must, at any intervals (not exceeding 4 months) that are determined by the chief executive, report in writing to the chief executive on—
a: the exercise of any functions, duties, or powers delegated under sections 199AA
b: the exercise of any functions, powers, or duties by an employee of the contractor who is an approved employee within the meaning of any regulations made under this Act.
1B: A subcontractor referred to in section 199C must, at any intervals (not exceeding 4 months) that are determined by the chief executive, report in writing on the exercise of any functions, duties, or powers, delegated under section 199AB
44: Accommodation and access
Section 199F
2A: Every contractor must ensure that any monitor has free and unfettered access to the following persons, but only during their work hours:
a: all employees of the contractor who—
i: are not staff members of the contract prison managed by that contractor; and
ii: are exercising, in respect of that prison, the functions and powers of the chief executive or the contractor under a delegation; and
b: all employees of the contractor who are approved employees (within the meaning of any regulations made under this Act).
45: Monitors to report on certain matters
Section 199G(1)(i) section 199D(2) or (3) section 199D(1A)
46: Regulations relating to safe custody of prisoners
Section 202
ma: prescribing limitations on when a prisoner may be required to submit to a prescribed procedure under section 124.
2: Amendment to Courts Security Act 1999
47: Amendment to Courts Security Act 1999
1: This section amends the Courts Security Act 1999
2: Section 25(1)(b) or officers security officers 2013-06-04 Courts Security Act 1999
3: Amendments to Smoke-free Environments Act 1990
48: Amendments to Smoke-free Environments Act 1990
1: This section amends the Smoke-free Environments Act 1990
2: The definition of prison section 2(1)
3: The definition of workplace section 2(1)
4: Section 6A 2013-03-05 Smoke-free Environments Act 1990