Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_5:p6
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 6/38)
Character Range: 33008–35749

(2) The offender must not be accommodated or detained in the same area or unit of the prison as persons who are in prison for the purpose of serving sentences of imprisonment unless:
 (a) it is reasonably necessary for the purposes of rehabilitation, treatment, work, education, general socialisation or other group activities; or
 (b) it is necessary for the security or good order of the prison or the safe custody or welfare of the offender or prisoners; or
 (c) it is necessary for the safety and protection of the community; or
 (d) the offender elects to be so accommodated or detained.
 (3) This section does not apply if the offender is serving a sentence of imprisonment.

Subdivision C—Making community safety orders

395.8  Applying for a community safety order
 (1) The Immigration Minister, or a legal representative of the Immigration Minister, (the applicant) may apply to a Supreme Court of a State or Territory for either of the following:
 (a) a community safety detention order in relation to a serious offender;
 (b) a community safety supervision order in relation to a serious offender.
Note: The court may make a community safety supervision order under section 395.13 even if a community safety detention order is applied for.
 (2) The Immigration Minister must ensure that reasonable inquiries are made to ascertain any facts known to any Commonwealth law enforcement officer that would reasonably be regarded as supporting a finding that:
 (a) if the application is for a community safety detention order—neither a community safety detention order nor a community safety supervision order should be made in relation to the offender; or
 (b) if the application is for a community safety supervision order—the community safety supervision order should not be made in relation to the offender.

Content of application
 (3) The application must:
 (a) include any report or other document that the applicant intends, at the time of the application, to rely on in relation to the application; and
 (b) include:
 (i) a copy of any material in the possession of the applicant; and
 (ii) a statement of any facts that the applicant is aware of;
  that would reasonably be regarded as supporting a finding that the order or orders mentioned in paragraph (2)(a) or (b) (as the case requires) should not be made, except any information, material or facts that are likely to be protected by public interest immunity (whether the claim for public interest immunity is to be made by the Immigration Minister or any other person); and
 (c) include information about the offender's age; and
 (d) if the offender is a holder under the Migration Act 1958 of a visa that is subject to one or more conditions—specify the conditions; and