S. 3(1) def. of contractor inserted by No. 11/1993 s. 4(2), substituted by No. 94/1994 s. 4(a), amended by No. 45/1996 s. 17(Sch. 1 item 1(a)). contractor means— (a) a party to an agreement with the Minister under section 8B(1); or (b) a party to an agreement with the Secretary under section 9(1); or (c) a party to an agreement with the Chief Commissioner of Police under section 9AA(1); S. 3(1) def. of correctional order amended by Nos 44/1991 s. 6(a), 49/1991 s. 119(7) (Sch. 4 item 3.2(a)(b)), 11/1993 s. 7(1)(a), 65/1997 s. 81(a), 45/2001 s. 23(1), 2/2002 s. 12, 53/2003 s. 11(2), 32/2006 s. 90(1), 30/2010 s. 45(a), 48/2011 s. 3(a), 65/2011 s. 107(Sch. item 2.3). correctional order means any of the following— (a) a community-based order; (aa) a community correction order, within the meaning of the Sentencing Act 1991; (ab) a community work permit within the meaning of the Infringements Act 2006; (b) a parole order; (c) an old intensive correction order, within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991; (d) a direction under section 107(1)(a) of the Sentencing Act 1991 that a person be released on giving an undertaking that has as a condition that the person be under the supervision of a community corrections officer; (e) a direction under section 107(1)(b) of the Sentencing Act 1991 that a person be released on parole; s. 3
S. 3(1) def. of principal medical officer amended by No. 46/1998 s. 7(Sch. 1). principal medical officer means a principal medical officer employed under Part 4; S. 3(1) def. of prison amended by No. 45/1996 s. 4(d). prison means a prison under Part 3 and includes a prison industry site; S. 3(1) def. of prisoner amended by No. 45/1996 s. 17(Sch. 1 item 1(d)), substituted by No. 45/2001 s. 3(1). prisoner means a person who under Part 1A is deemed to be in the legal custody of the Secretary; s. 3 S. 3(1) def. of prison industry site inserted by No. 45/1996 s. 4(e). prison industry site means a place appointed as a prison industry site under section 84F; prison officer means a prison officer employed under Part 4; Regional Manager means a Regional Manager appointed under Part 4; s. 3 S. 3(1) def. of registered medical practitioner inserted by No. 13/2010 s. 51(Sch. item 16.1). registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); S. 3(1) def. of relative inserted by No. 72/2001 s. 3(Sch. item 4.1). relative of a prisoner means— (a) a partner of the prisoner; (b) a parent or grandparent of the prisoner or of a partner of the prisoner;
S. 9B(1) substituted by No. 94/1994 s. 13(1), amended by No. 45/1996 s. 17(Sch. 1 item 11). (1) Before— (a) the Minister enters into an agreement under section 8B(1); or S. 9B(1)(b) amended by No. 45/1996 s. 17(Sch. 1 item 11). (b) the Secretary enters into an agreement under section 9(1); or S. 9B(1)(c) amended by No. 45/1996 s. 17(Sch. 1 item 11). (c) the Secretary authorises a person under section 9A(1) to exercise any functions or powers— the Secretary must request the Chief Commissioner of Police to inquire into and report to him or her on the character, honesty and integrity of any relevant person. S. 9B(1A) inserted by No. 94/1994 s. 13(1). (1A) Before the Chief Commissioner of Police— s. 9B (a) enters into an agreement under section 9AA; or S. 9B(1A)(b) amended by No. 26/1997 s. 12(4). (b) authorises a person under section 9A(1A) or (1B) to exercise any functions or powers— the Chief Commissioner of Police must inquire into the character, honesty and integrity of any relevant person. (2) For the purposes of this section a person is a relevant person if he or she— (a) is the proposed contractor; or (b) holds or will hold a position of director, manager or secretary or any other executive position (however designated) whether in his or her own right or on behalf of any other
of the Freedom of Information Act 1982 were the principal officer of that agency; and (c) the Minister were the responsible Minister of that agency; and S. 9F(d) amended by No. 94/1994 s. 17(b). (d) the persons employed by the contractor or sub-contractor (as the case requires) were officers of that agency. S. 9G inserted by No. 11/1993 s. 4(1), amended by No. 94/1994 s. 18(a). 9G Investigation of administrative actions The Ombudsman Act 1973 applies to a contractor in its capacity as a provider of services under this Act or to a sub-contractor in its capacity as a manager of a prison or police gaol under a sub-contract agreement as if— S. 9G(a) amended by No. 94/1994 s. 18(b). (a) the contractor or sub-contractor (as the case requires) were a public statutory body within the meaning of that Act; and S. 9G(b) amended by No. 94/1994 s. 18(c). (b) the holder of the office specified in the agreement under section 8B(1), 9(1) or 9AA or in the sub-contract agreement (as the case requires) for the purposes of the application of the Ombudsman Act 1973 were the principal officer of that public statutory body; and s. 9G S. 9G(c) amended by No. 94/1994 s. 18(b). (c) the persons employed by the contractor or sub-contractor (as the case requires) were employees of that public statutory body. _______________ 10 Establishment of prisons s. 10 (1) The Governor in Council may by Order appoint any premises or place to be a prison.
person being a victim of a criminal act of violence; (e) a lawyer in the course of consulting that lawyer for legal advice; Director of Public Prosecutions means the Director of Public Prosecutions appointed under section 87AB of the Constitution Act 1975; S. 30I(5) def. of information relating to the personal affairs of a prisoner substituted as information relating to the personal affairs of a prisoner or an offender by No. 49/2006 s. 5(11)(b). information relating to the personal affairs of a prisoner or an offender includes information, including photographs, fingerprints, samples and results of tests— (a) that identifies the prisoner or offender or discloses his or her address or location; or (b) from which any other person's identity, address or location can reasonably be determined— but does not include information that is in the public domain. 31 Children s. 31 S. 31(1) amended by Nos 16/1991 s. 6, 45/1996 s. 17(Sch. 1 item 24). (1) At the request of a prisoner who is the child's parent the Secretary may permit the prisoner's child to live with the prisoner in the prison if the Secretary is satisfied that— (a) it is in the best interests of the child to live with his or her parent in the prison; and (b) the management good order or security of the prison will not be threatened by the child living in the prison.
S. 47B(2) amended by Nos 18/2005 s. 18(Sch. 1 item 22.3), 28/2007 s. 3(Sch. item 14). (2) If the letter is to, or from, a lawyer, the Health Services Commissioner or the Human Rights Commissioner or any person authorised to act on behalf of either of those Commissioners, the Governor— S. 47B(2)(a) amended by No. 18/2005 s. 18(Sch. 1 item 22.3). (a) may hold the letter and notify the prisoner and the lawyer, or the relevant Commissioner, of his or her suspicions; and (b) may open and inspect the letter— S. 47B(2)(b)(i) amended by No. 18/2005 s. 18(Sch. 1 item 22.3). (i) in the presence of the prisoner and a representative of the lawyer or relevant Commissioner; or s. 47B S. 47B(2)(b)(ii) amended by No. 18/2005 s. 18(Sch. 1 item 22.3). (ii) in accordance with any alternative arrangement agreed with the lawyer or relevant Commissioner— but must not read or censor the letter. S. 47B(3) amended by No. 18/2005 s. 18(Sch. 1 item 22.3). (3) If the Governor has not received a response from the relevant Commissioner or lawyer within 7 days after notice is given under subsection (2), the Governor may require the prisoner to open the letter to enable the Governor to inspect it. (4) If the letter is to, or from, the Minister, a member of Parliament, the Secretary, the Commissioner or an official visitor, the Governor may require the prisoner to open the letter to enable the Governor to inspect it. (5) If a prisoner refuses a request to open a letter under subsection (3) or (4), the Governor may open the letter.
S. 62(4) amended by No. 45/1996 s. 17(Sch. 1 item 43(a)). (4) If the office of Secretary is vacant the Governor in Council may on the recommendation of the Minister appoint a person to act as a member while the office of the Secretary is vacant. (5) While acting in a member's place a deputy member appointed under subsections (2), (3) or (4) has the functions powers and duties of that member. (6) A deputy member is entitled to receive— (a) such remuneration as is fixed by the Governor in Council; and (b) such travelling and other allowances as are fixed by the Governor in Council. (7) A deputy member acting in the place of a chairperson has the functions powers and duties of a member and if the deputy chairperson is absent, has the functions of the chairperson. 63 Terms of office s. 63 (1) A member of the Board holds office for the term, and subject to the conditions stated in the member's instrument of appointment but is eligible for re-appointment. S. 63(2) amended by No. 45/1996 s. 17(Sch. 1 item 44). (2) The Secretary ceases to hold office as a member of the Board upon ceasing to hold the office of Secretary. (3) A member of the Board may resign the office of member by writing signed by the member and given to the person who nominated or appointed the member.
S. 73 (Heading) inserted by No. 1/2005 s. 47(6). S. 73 amended by Nos 44/1991 s. 6(m), 53/2003 s. 18, 1/2005 s. 47(7) (ILA s. 39B(1)). 73 Officers subject to Board's directions s. 73 S. 73(1) amended by No. 48/2011 s. 9. (1) In relation to a parole order community corrections officers are subject to the directions of the Board. S. 73(2) inserted by No. 1/2005 s. 47(7), amended by No. 21/2008 s. 6(d). (2) In relation to an extended supervision order or interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005, employees of the Department of Justice provided to the Board under section 70 are subject to the directions of the Board. S. 73(3) inserted by No. 91/2009 s. 212. (3) The employees provided under section 70 to assist the Adult Parole Board in carrying out functions under the Serious Sex Offenders (Detention and Supervision) Act 2009 are subject to the directions of the Board in carrying out those functions. 74 Release on parole after service of non-parole period S. 74(1) amended by No. 49/1991 s. 119(7) (Sch. 4 item 3.5). (1) The Board may by instrument order that a prisoner serving a prison sentence in respect of which a non-parole period was fixed be released on parole at the time stated in the order (not being before the end of the non-parole period) and, unless the Board revokes the order before the time for release stated in the order, the prisoner must be released at that time.
(2) The Board may revoke a parole order before the prisoner is released under the order. S. 74(3) amended by No. 49/1991 s. 119(7) (Sch. 4 item 3.5). (3) If before a prisoner is released under a parole order the Board determines that the prisoner should be released at a different time than the time stated in the order, the prisoner must be released at that other time (not being before the end of the non-parole period). (4) Subject to subsection (5) the terms and conditions of a parole order are those set out in the regulations. S. 74(5) amended by No. 49/1991 s. 119(4). (5) The Board may vary the terms and conditions to which a parole order is subject and may include in a parole order any one or more of the conditions to which a pre-release permit is made subject by the regulations or to which, before the repeal of Division 6, such a permit was so made subject. S. 74(6) amended by No. 45/1996 s. 17(Sch. 1 item 47). s. 74 (6) If the terms and conditions of a parole order require a prisoner to be under supervision, the Secretary must assign an officer to supervise the prisoner and may from time to time assign other officers to supervise the prisoner in place of the officer first assigned. (7) A prisoner released on parole must during the parole period comply with the terms and conditions of the parole order. (8) As soon as possible after making a determination revoking or cancelling a parole order the Board must give a copy of the determination to the prisoner including the reasons for the determination.
S. 85 def. of act of misconduct amended by No. 45/1996 s. 17(Sch. 1 item 55(a)). act of misconduct means an offender's contravention of this Act, the regulations, or a direction of the Secretary, a Regional Manager or an officer, which is declared by the regulations to be an act of misconduct; S. 85 def. of community corrections programme amended by No. 45/1996 s. 17(Sch. 1 item 55(b)). community corrections programme means a programme or series of programmes approved by the Secretary under this Part; S. 85 def. of officer amended by Nos 11/1993 s. 7(1)(f), 23/1994 s. 118(Sch. 1 item 14.6), 24/2006 s. 6.1.2(Sch. 7 item 10.2), 13/2010 s. 51(Sch. item 16.6). officer means a person who is— (a) a Regional Manager; or (b) a community corrections officer; or (c) a volunteer who is working at a location; or (d) an employee in the public service or the teaching service or a member of the staff of a TAFE institute who is working at a location; (e) a member of a prescribed class of persons who works at a location as a psychiatrist, registered medical practitioner, dentist, nurse, midwife or health worker; region means an area or several areas designated under this Part. Division 2—Establishment of community corrections centres and regional centres 86 Community corrections centres s. 86 (1) The Governor in Council may by order appoint any premises or place to be a community corrections centre.
Assent Date: 17.5.94 Commencement Date: S. 118(Sch. 1 item 14) on 1.7.94: Government Gazette 23.6.94 p. 1672 : This information relates only to the provision/s amending the Corrections Act 1986 Financial Management (Consequential Amendments) Act 1994, No. 31/1994 Assent Date: 31.5.94 Commencement Date: S. 3(Sch. 1 item 14) on 7.7.94: Government Gazette 7.7.94 p. 1878—see Interpretation of Legislation Act 1984 : This information relates only to the provision/s amending the Corrections Act 1986 Accident Compensation (Amendment) Act 1994, No. 50/1994 Assent Date: 15.6.94 Commencement Date: S. 124 on 24.6.94: Special Gazette (No. 37) 24.6.94 p. 2—see Interpretation of Legislation Act 1984 : This information relates only to the provision/s amending the Corrections Act 1986 Corrections (Amendment) Act 1994, No. 94/1994 Assent Date: 13.12.94 Commencement Date: Ss 1, 2 on 13.2.94: s. 2(1); rest of Act on 12.1.95: Government Gazette 12.1.95 p. 15 : All of Act in operation Statute Law Revision Act 1995, No. 11/1995 Assent Date: 26.4.95 Commencement Date: 26.4.95 : All of Act in operation Miscellaneous Acts (Omnibus Amendments) Act 1996, No. 22/1996 Assent Date: 2.7.96 Commencement Date: Ss 3, 4 on 2.7.96: s. 2(1) : This information relates only to the provision/s amending the Corrections Act 1986 Endnotes Children and Young Persons (Miscellaneous Amendments) Act 1996, No. 44/1996 Assent Date: 26.11.96 Commencement Date: 26.11.96: s. 2 : All of Act in operation Corrections (Amendment) Act 1996, No. 45/1996