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 personal safety intervention order inserted by No. 53/2010 s. 221(Sch. item 3.1(a)) personal safety intervention order means— s. 3 (a) a personal safety intervention order within the meaning of the Personal Safety Intervention Orders Act 2010; or (b) an intervention order within the meaning of the Stalking Intervention Orders Act 2008 (as in force immediately before its repeal); or (c) an order made under section 4 of the Crimes (Family Violence) Act 1987 of a kind referred to in section 21A(5) of the Crimes Act 1958, both as in force immediately before their repeal; S. 3(1) def. of police custody transfer order inserted by No. 10/2013 s. 4(2). police custody transfer order means a police custody transfer order made under section 56D; police gaol means a police gaol under Part 3; position means office; 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;
(f) a child (of any age) of a sibling of a parent of the prisoner or of a sibling of a parent of a partner of the prisoner; S. 3(1) def. of scanning search inserted by No. 10/2013 s. 4(1). scanning search means a search of a person, or of the property of a person, using an electronic or other device, during which the person is not touched; S. 3(1) def. of Secretary inserted by No. 45/1996 s. 17(Sch. 1 item 1(e)), amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 45.1). Secretary means Secretary to the Department of Justice under the Public Administration Act 2004 and includes a person acting as the Secretary to the Department of Justice under that Act; S. 3(1) def. of Secretary to the Department of Health inserted by No. 29/2010 s. 52(1). Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health; S. 3(1) def. of spouse inserted by No. 72/2001 s. 3(Sch. item 4.1). spouse of a person means a person to whom the person is married; s. 3 S. 3(1) def. of stalking intervention order inserted by No. 30/2010 s. 45(b), repealed by No. 53/2010 s. 221(Sch. item 3.1(b)). * * * * *
Governor, prison officer, Regional Manager and community corrections officer in relation to the service and prisoners and offenders for the period of appointment. S. 8F(5) amended by No. 45/1996 s. 17(Sch. 1 item 7). (5) The Secretary must provide the administrator with any assistance necessary to the carrying out of his or her functions under this section. (6) This section applies despite anything to the contrary in the agreement. S. 8G inserted by No. 94/1994 s. 7. 8G Building work s. 8G S. 8G(1) repealed by No. 10/2013 s. 8(1). * * * * * S. 8G(2) amended by No. 10/2013 s. 8(2). (2) Sections 23, 30, 47 and 73 of the Building Act 1993 do not apply in relation to any permit, approval, amendment, plan or other document relating to building work carried out or to be carried out under an agreement under section 8B(1)(a). Pt 2A Div. 2 (Heading) inserted by No. 94/1994 s. 8. Division 2—Management agreements New s. 9 inserted by No. 11/1993 s. 4(1). 9 Management agreements S. 9(1) amended by Nos 94/1994 s. 9(1)(a)(i)(ii), 45/1996 s. 17(Sch. 1 item 8). (1) The Secretary may, for and on behalf of the Crown, enter into an agreement with a person or body for the provision by that person or body of any correctional services.
Commissioner's annual report under the Financial Management Act 1994. S. 9D(4) amended by No. 94/1994 s. 15(2)(a). (4) A contractor or sub-contractor must give a monitor free and unfettered access at all times— S. 9D(4)(a) amended by Nos 94/1994 s. 15(2)(b)(c), 26/1997 s. 15(2). (a) to all premises, places or vehicles under the management or control of the contractor or sub-contractor (as the case requires) in accordance with, or for the purposes of, an agreement under section 8B(1), 9(1) or 9AA or a sub-contract agreement under that agreement and to all persons detained or employed there; and S. 9D(4)(b) amended by No. 94/1994 s. 15(2)(b). (b) to all documents in the possession of the contractor or sub-contractor (as the case requires) as a provider of services under this Act. S. 9E inserted by No. 11/1993 s. 4(1). 9E Minimum standards s. 9E S. 9E(1) amended by Nos 94/1994 s. 16(1), 45/1996 s. 17(Sch. 1 item 13). (1) The Secretary must cause a written statement to be prepared setting out minimum standards in relation to the provision of services by a contractor under an agreement entered into under section 8B(1) or 9(1). S. 9E(2) substituted by No. 94/1994 s. 16(2). (2) The Chief Commissioner of Police must cause a written statement to be prepared setting out minimum standards in relation to the provision of services by a contractor under an agreement entered into under section 9AA.
S. 14 def. of officer amended by Nos 23/1994 s. 118(Sch. 1 item 14.1), 45/1996 s. 7(a), 24/2006 s. 6.1.2(Sch. 7 item 10.1), 13/2010 s. 51(Sch. item 16.2), 76/2013 s. 23. officer means a person who is— (a) a Governor; or (b) a prison officer; or (c) a volunteer; or (d) working in a prison or with prisoners and who is— (i) an employee in the public service; or (ii) an employee in the teaching service; or (iii) a member of staff of a TAFE institute within the meaning of the Education and Training Reform Act 2006; or (iv) a member of staff of a dual sector university within the meaning of the Education and Training Reform Act 2006; or * * * * * (f) a member of a prescribed class of persons who works in a prison as a psychiatrist, registered medical practitioner, dentist, nurse, midwife or health worker. Division 2—Work 15 Authorized persons may act as prison officers S. 15(1) amended by No. 45/1996 s. 17(Sch. 1 item 15). (1) The Secretary may by instrument authorize a member of the police force or a class of members of the police force to exercise in accordance with
the regulations all or any of the powers of a prison officer. (2) An authority may be given subject to such conditions and limitations as are stated in the authority. S. 16 (Heading) inserted by No. 10/2013 s. 9(1). 16 Secretary may authorize medical practitioner to act as principal medical officer or medical officer s. 15 S. 16(1) amended by Nos 23/1994 s. 118(Sch. 1 item 14.2), 45/1996 s. 17(Sch. 1 item 16), 97/2005 s. 182(Sch. 4 item 13.1), 13/2010 s. 51(Sch. item 16.3), substituted by No. 10/2013 s. 9(2). (1) If there is no principal medical officer or medical officer appointed for a prison or the principal medical officer or medical officer for the prison is absent, the Secretary may by instrument authorize a registered medical practitioner to act as principal medical officer or medical officer (as the case may be) for that prison while the relevant position is vacant or until the return of the relevant officer. S. 16(2) amended by Nos 45/1996 s. 17(Sch. 1 item 16), 46/1998 s. 7(Sch. 1), 29/2010 s. 52(2). (2) Before authorizing a person to act as medical officer the Secretary must consult with the Secretary to the Department of Health. (3) An authority under subsection (1) may be given subject to such conditions and limitations as are stated in the authority. S. 16(4) substituted by No. 10/2013 s. 9(3). (4) This Act applies to a person authorized to act as principal medical officer or as medical officer as if the person were a principal medical officer or medical officer (as the case may be).
working at the prison or with prisoners such directions as the Governor considers necessary for the security of the prison. (3) The Governor may give to other officers working at the prison or with prisoners such directions as the Governor considers necessary for the management good order or security of the prison or the prisoners. 20 Duties relating to security and welfare s. 19 (1) An officer in charge of a prison or part of a prison must take all reasonable steps for the security of the prison or part of the prison. (2) An officer in charge of prisoners must take all reasonable steps for the safe custody and welfare of the prisoners. (3) An officer must not jeopardize the security of the prison. S. 20(4) amended by No. 45/1996 s. 17(Sch. 1 item 18(a)). (4) An officer must make returns and reports in accordance with the regulations and other returns and reports required by the Secretary. S. 20(5) amended by No. 45/1996 s. 17(Sch. 1 item 18(a)). (5) An officer must keep records in accordance with the regulations and other records required by the Secretary. S. 20(5A) inserted by No. 10/2013 s. 10(1). (5A) An officer, when required by the Secretary, must provide oral or written information to the Secretary in relation to the security and good order of a prison or the safe custody and welfare of prisoners. (6) In relation to officers within the meaning of paragraph (f) of the definition of "officer" in section 14—
(4) In determining medical tests which prisoners must undergo the principal medical officer must have regard to the safety and welfare of the other prisoners in the prison. S. 29A (Heading) inserted by No. 38/2003 s. 4(1). S. 29A inserted by No. 16/1991 s. 4. 29A Prisoners may be tested for drug or alcohol use s. 29A S. 29A(1) substituted by No. 38/2003 s. 4(2). (1) If the Governor considers it necessary to do so in the interests of the management, good order or security of the prison, he or she may at any time direct a prisoner to submit to tests to assess whether the prisoner has used or consumed— (a) any alcohol; or (b) any drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981; or S. 29A(1)(c) substituted by No. 74/2004 s. 21. (c) any Schedule 8 poison or Schedule 9 poison within the meaning of the Drugs, Poisons and Controlled Substances Act 1981. (2) Tests under subsection (1)— S. 29A(2)(a) amended by No. 45/1996 s. 17(Sch. 1 item 22). (a) must be of a kind approved by the Secretary; and (b) may include the taking of samples of urine; and (c) must be carried out by an officer within the meaning of Part 5.
causing death or serious injury) or any corresponding previous enactment; s. 30A (gc) an offence against section 61(3) of the Road Safety Act 1986 (failing to stop and render assistance after a motor vehicle accident causing death or serious injury) or any corresponding previous enactment; (h) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraphs (a) to (gc); (i) an offence against the law of another jurisdiction in which substantially corresponds to an offence referred to in paragraphs (a) to (h); S. 30A(1) def. of detention order inserted by No. 91/2009 s. 202(1)(a). detention order means a detention order within the meaning of the Serious Sex Offenders (Detention and Supervision) Act 2009 or an interim detention order under that Act; S. 30A(1) def. of extended supervision order inserted by No. 49/2006 s. 5(1)(c), amended by No. 21/2008 s. 6(a). extended supervision order means an extended supervision order within the meaning of the Serious Sex Offenders Monitoring Act 2005 or an interim extended supervision order within the meaning of that Act; s. 30A family member, in relation to a person, means that person's— (a) spouse or domestic partner; (b) child or step-child aged 18 years or more;
(a) must be in writing; and (b) may include details of a nominee to whom the applicant wishes information to be disclosed under section 30A instead of being disclosed directly to the applicant. (3) If an applicant includes details of a nominee in accordance with subsection (2)(b), the application must include the following— (a) details of the nominee's relationship to the applicant; and (b) the reason that the applicant wishes information under section 30A to be disclosed to the nominee rather than directly to the applicant; and (c) an undertaking completed by the nominee that the nominee will not disclose the information disclosed under section 30A by the Secretary, other than in accordance with the Act. (4) An undertaking referred to in subsection (3)(c) must be in the prescribed form. S. 30C inserted by No. 14/2004 s. 8. 30C Inclusion on the victims register S. 30C(1) amended by No. 49/2006 s. 5(5). s. 30C (1) Subject to subsection (4), a person who makes an application under section 30B who is a victim within the meaning of section 30A(1) must be included on the victims register. S. 30C(2) amended by No. 49/2006 s. 5(6). (2) Subject to subsection (4), a person who makes an application under section 30B who is not a victim within the meaning of section 30A(1) may be included on the victims register if the Secretary, in writing, approves the inclusion of that person on the register.
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. (2) The prisoner is responsible for the safety and care of the prisoner's child while the child lives in the prison. S. 31(3) amended by Nos 16/1991 s. 6, 45/1996 s. 17(Sch. 1 item 24). (3) If the Secretary considers that the child's behaviour is threatening the security or good order of the prison or the child's safety is threatened, the Secretary may cause the child to be removed from the prison.
whether on parole or at the end of his or her sentence. s. 47M _______________ 48 Definitions s. 48 In this Part— S. 48 def. of Chief prison officer repealed by No. 16/1991 s. 11(1). * * * * * S. 48 def. of disciplinary officer inserted by No. 16/1991 s. 11(1), amended by No. 45/1996 s. 17(Sch. 1 item 32). disciplinary officer means a prison officer— (a) nominated by the Secretary as a disciplinary officer; or (b) in a class of prison officers nominated by the Secretary as disciplinary officers; privilege in relation to a prison means any of the privileges determined in accordance with the regulations for that prison; prison offence means a contravention of this Act or the regulations; register of offences means the register of prison offences established in accordance with the regulations. S. 49 substituted by No. 16/1991 s. 11(2), amended by No. 45/1996 s. 17(Sch. 1 item 33). 49 Disciplinary officers The Secretary may by instrument nominate— (a) a prison officer to be a disciplinary officer in a prison or in any part of a prison; or
S. 57 substituted by No. 16/1991 s. 15(1), amended by Nos 45/1996 s. 17(Sch. 1 item 39), 45/2001 s. 17, substituted by No. 2/2005 s. 7. s. 57 57 Custodial community permits (1) The Secretary may issue, in accordance with this Division, the following custodial community permits to prisoners— (a) a corrections administration permit; (b) a rehabilitation and transition permit; (c) a fine default permit. (2) The Secretary may issue, in accordance with this Division, a fine default permit to a person in the custody of the Chief Commissioner of Police. S. 57A inserted by No. 2/2005 s. 7. 57A Corrections administration permit S. 57A(1) amended by No. 10/2013 s. 21(1). (1) Subject to subsection (1A), the Secretary may issue a corrections administration permit to a prisoner for any of the following purposes— (a) a purpose related to the health of the prisoner; S. 57A(1)(b) amended by No. 69/2009 s. 54(Sch. Pt 2 item 14). (b) a purpose related to the administration of justice, including (but not limited to) being under police protection on account of evidence given, or to be given, by the prisoner in a legal proceeding within the meaning of the Evidence (Miscellaneous Provisions) Act 1958; (c) to visit a person with whom the prisoner has had a long-standing personal relationship if that person is seriously ill or in acute personal need; (d) to attend the funeral of a person with whom the prisoner had a long-standing personal relationship; (e) to visit another prison.
68 Evidentiary S. 68(1) amended by No. 45/1996 s. 17(Sch. 1 item 46(a)). s. 68 (1) All Courts must take judicial notice of the signature on a document of the Secretary of the Board or a member of the Board if the document is required or authorized to be signed by the Secretary or member under this Division, and must presume that the document was duly signed. S. 68(2) amended by No. 45/1996 s. 17(Sch. 1 item 46(b)). (2) A certificate signed by the Secretary of the Board which purports to set out the Board's decision or determination on a matter is evidence of the making of that decision or determination by the Board. 69 Functions of Board S. 69(1) amended by Nos 16/1987 s. 4(3)(Sch. 1 item 7(g)), 41/1993 s. 18, 44/1996 s. 11, substituted by No. 53/2003 s. 15. (1) The Board has the functions conferred on it by— (a) this Act and the regulations; and S. 69(1)(ab) inserted by No. 1/2005 s. 47(1). (ab) the Serious Sex Offenders Monitoring Act 2005; and S. 69(1)(ac) inserted by No. 91/2009 s. 209. (ac) the Serious Sex Offenders (Detention and Supervision) Act 2009; and S. 69(1)(b) substituted by No. 48/2006 s. 42(Sch. item 8.4). (b) Part 5.6 of the Children, Youth and Families Act 2005 and regulations made under that Part; and S. 69(1)(c) amended by No. 30/2010 s. 53(1). (c) Subdivision (1A) of Division 2 of Part 3 of the Sentencing Act 1991 and the regulations made under that Subdivision.
Pt 8B Div. 2 (Heading and ss 84I–84P) inserted by No. 45/1996 s. 3, amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 45.6), 80/2006 s. 26(Sch. item 20.2). repealed by No. 21/2008 s. 5. * * * * * _______________ Division 1—Definitions 85 Definitions s. 85 In this Part— 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;
most senior ranking community corrections officer then on duty is in charge of the region. S. 98(3) amended by No. 45/1996 s. 17(Sch. 1 item 62). (3) A community corrections officer in charge of a region has the functions powers and duties of the Regional Manager until the Regional Manager returns or the Secretary nominates a person to act as Regional Manager. 99 Photographing s. 98 S. 99(1) amended by No. 35/2002 s. 7(5). (1) As soon as possible after an offender's reception into a community corrections centre a community corrections officer may take photographs of the offender and may take the offender's fingerprints. S. 99(2) amended by No. 35/2002 s. 7(6). (2) For the purposes of identifying the offender and completing records concerning offenders an officer may at any time after an offender's reception into a community corrections centre take photographs of the offender or take the offender's fingerprints or both. S. 99(3) amended by No. 35/2002 s. 7(7). (3) An officer may give to an offender all necessary directions to ensure the taking of accurate photographs and fingerprints. S. 99A inserted by No. 10/2013 s. 32. 99A Offenders may be tested to assess whether under the influence of alcohol or any drug s. 99A (1) Subject to subsection (2), if the Secretary considers it necessary to do so for the management, good order or security of a location or for the safety and welfare of offenders at a location or in order for an offender to perform unpaid community work at a location, the Secretary may at any time direct an offender to submit to tests to assess whether the offender is under the influence of— (a) alcohol; or
S. 104(2) amended by No. 45/1996 s. 17(Sch. 1 item 63(a)). (2) The Secretary may, if not inconsistent with the correctional order relating to an offender, direct the offender to attend a location or to take part in a community corrections programme. S. 104(3) amended by No. 45/1996 s. 17(Sch. 1 item 63(a)). (3) An offender who disobeys a direction given by the Secretary under this section is guilty of an offence. 5 penalty units. _______________ Pt 9A (Heading and ss inserted by No. 45/1996 s. 11. S. 104A inserted by No. 45/1996 s. 11. 104A Definitions s. 104A In this Part— charged person means— (a) a person who has been charged with an offence who is detained in a police gaol; or (b) a person who is detained in a police gaol on the order of a court; detained person means any person who is detained in a police gaol; officer in charge means a member of the police force for the time being in charge of a police gaol; police officer means a member of the police force.
offence for which the person is detained in the police gaol. (2) A police officer who seizes any thing under subsection (1) must immediately inform the officer in charge of the police gaol. (3) The officer in charge of a police gaol must deal in accordance with the regulations with any thing, which is not a drug of dependence, and is seized under this section. s. 104D __________________ Pt 9B (Heading and ss inserted by No. 81/2005 s. 9. Division 1—Preliminary matters S. 104E inserted by No. 81/2005 s. 9. 104E Definitions s. 104E In this Part— S. 104E def. of monitored person amended by No. 21/2008 s. 6(e), substituted by No. 91/2009 s. 214. monitored person means a person who is subject to— (a) an extended supervision order or interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005; or (b) a supervision order or interim supervision order under the Serious Sex Offenders (Detention and Supervision) Act 2009; officer has the same meaning as in section 85. Division 2—Monitored people at community corrections centres
prisoner includes former prisoner; prisoner compensation quarantine fund has the meaning given in section 104V; quarantine period, in relation to a prisoner compensation quarantine fund relating to a prisoner, means— (a) the initial quarantine period; and s. 104O (b) the period ending on the final determination of all legal proceedings by victims against the prisoner which are commenced within the initial quarantine period and which are notified to the Secretary under section 104ZE(1); State includes— (a) the Secretary; and (b) a contractor responsible for the management or operation of a prison; and (c) any employee of the Crown or of a person referred to in paragraph (a) or (b); victim has the meaning given in section 104R. S. 104P inserted by No. 50/2008 s. 3. s. 104P 104P Application (1) This Part applies in respect of an award of damages to a prisoner in respect of a claim made by or on behalf of the prisoner against the State for a civil wrong. (2) This Part does not apply to a claim by or on behalf of a prisoner arising from and in connection with the prisoner's detention while on remand.
(3) This Part does not apply to an award of damages to a prisoner in respect of a claim of false imprisonment. (4) This Part does not affect (and is subject to) any obligation imposed on the State or the Secretary by or under an enactment of the State or the Commonwealth to pay some other person money owed or due to or held on account of the prisoner. S. 104Q inserted by No. 50/2008 s. 3. 104Q Meaning of criminal act (1) In this Part, criminal act means conduct that, on the balance of probabilities, would constitute an offence. (2) The definition of criminal act applies whether or not a prisoner whose conduct is alleged to constitute an offence has been, will be or is capable of being proceeded against or convicted of the offence. S. 104R inserted by No. 50/2008 s. 3. 104R Meaning of victim In this Part victim means— (a) a person who has had a criminal act committed against him or her; (b) a family member of a person who has had a criminal act committed against that person. Division 2—Awards of damages to prisoners S. 104S inserted by No. 50/2008 s. 3. s. 104S 104S Agreements must be approved by court An agreement between the State and a prisoner for the payment of damages for a civil wrong is of no effect until it has been approved by a court. S. 104T inserted by No. 50/2008 s. 3. 104T Determination of amounts for medical and legal costs
(c) to lessen or prevent a serious and imminent threat to a person's life or safety. S. 104ZZ(2) inserted by No. 12/2014 s. 16(2). (2) A relevant person may use or disclose information given to the Adult Parole Board that is not disclosed in a decision of the Board or in any reasons given by the Board for a decision of the Board if the use or disclosure is authorised by the Minister. S. 104ZZA inserted by No. 10/2013 s. 35. 104ZZA Offence to use or disclose personal or confidential information unless authorised s. 104ZZA A person who is or has been a relevant person must not use or disclose personal or confidential information unless that use or disclosure is authorised under section 104ZY or 104ZZ. Penalty: 120 penalty units. __________________ 105 Proceedings for offences s. 105 S. 105(1) amended by No. 45/1996 s. 17(Sch. 1 item 64), substituted by No. 12/2014 s. 17. (1) Proceedings for offences against this Act or the regulations may be brought by— (a) the Secretary; or (b) the Director of Public Prosecutions; or (c) a crown prosecutor within the meaning of the Criminal Procedure Act 2009; or (d) a member of staff of the Office of Public Prosecutions established under the Public Prosecutions Act 1994 who is a lawyer; or (e) a member of the police force. S. 105(2) amended by No. 45/1996 s. 17(Sch. 1 item 64). (2) For the purposes of subsection (1), the Secretary may authorize officers generally, a class of officers or a particular officer.
S. 105A inserted by No. 14/2004 s. 10. 105A Offences by bodies corporate (1) If, in proceedings for an offence against this Act, it is necessary to establish the intention or knowledge of a body corporate, it is sufficient to show that an officer, employee or agent of the body corporate had that intention or knowledge. (2) If an offence against this Act committed by a body corporate is proved to have been committed with the consent or connivance of a person who is a director, manager, secretary or other officer of the body corporate, that person is deemed to have committed the offence also and is liable to be proceeded against and punished accordingly. (3) This section applies only with respect to an offence alleged to have been committed after the commencement of section 10 of the Corrections (Further Amendment) Act 2004. S. 106 amended by Nos 16/1987 s. 4(3)(Sch. 1 item 7(i)), 45/1996 s. 17(Sch. 1 item 65(a)(b)). 106 Judicial notice of signatures If by or under this Act or the Community Services Act 1970 the Secretary or an officer within the meaning of Part 5 or Part 9 of this Act is required or authorized to sign a document, all courts must take judicial notice of the Secretary's or the officer's signature on that document. S. 107 amended by Nos 16/1987 s. 4(3)(Sch. 1 item 7(j)), 45/1996 s. 17(Sch. 1 item 66(a)(b)). 107 Construction of references s. 106 In— (a) an Act other than this Act; or (b) a subordinate instrument other than a subordinate instrument made under this Act; or (c) a document which is not an Act or a subordinate instrument— a reference to "the Director of Children's Welfare", "the Director-General of Social
Assent Date: 8.6.10 Commencement Date: Ss 45–55 on 1.1.11: Government Gazette 28.10.10 p. 2583 : This information relates only to the provision/s amending the Corrections Act 1986 Personal Safety Intervention Orders Act 2010, No. 53/2010 Assent Date: 7.9.10 Commencement Date: S. 222 on 1.12.10: Government Gazette 14.10.10 p. 2405; s. 221(Sch. item 3) on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1 : This information relates only to the provision/s amending the Corrections Act 1986 Justice Legislation Further Amendment Act 2010, No. 64/2010 Assent Date: 28.9.10 Commencement Date: S. 15 on 28.10.10: Government Gazette 28.10.10 p. 2583 : This information relates only to the provision/s amending the Corrections Act 1986 Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011, No. 48/2011 Assent Date: 22.9.11 Commencement Date: Ss 3−11 on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 4 : This information relates only to the provision/s amending the Corrections Act 1986 Endnotes Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011 Assent Date: 22.11.11 Commencement Date: S. 107(Sch. item 2) on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3 : This information relates only to the provision/s amending the Corrections Act 1986 Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012 Assent Date: 18.12.12 Commencement Date: S. 285 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 : This information relates only to the provision/s amending the Corrections Act 1986 Corrections Amendment Act 2013, No. 10/2013
Assent Date: 13.3.13 Commencement Date: Ss 4(1), 8–19, 22–35, 36(1), 37 on 30.4.13: Special Gazette (No. 141) 16.4.13 p. 1; ss 4(2), 5–7, 20, 21, 36(2) on 1.11.13: s. 2(2) : This information relates only to the provision/s amending the Corrections Act 1986 Justice Legislation Amendment (Cancellation of Parole and Other Matters) Act 2013, No. 15/2013 Assent Date: 26.3.13 Commencement Date: Ss 3–7 on 20.5.13: Special Gazette (No. 141) 16.4.13 p. 1 : This information relates only to the provision/s amending the Corrections Act 1986 Corrections Further Amendment Act 2013, No. 26/2013 Assent Date: 15.5.13 Commencement Date: 20.3.13: s. 2 : All of Act in operation Corrections Amendment (Parole Reform) Act 2013, No. 62/2013 Assent Date: 6.11.13 Commencement Date: Ss 3–13 on 20.11.13: Special Gazette (No. 409) 19.11.13 p. 1 : This information relates only to the provision/s amending the Corrections Act 1986 Education and Training Reform Amendment (Dual Sector Universities) Act 2013, No. 76/2013 Assent Date: 17.12.13 Commencement Date: Ss 23, 24 on 1.1.14: s. 2(4) : This information relates only to the provision/s amending the Corrections Act 1986 Endnotes Corrections Legislation Amendment Act 2014, No. 12/2014 Assent Date: 18.3.14 Commencement Date: Ss 10–13, 17 on 19.3.14: s. 2(1); ss 6, 7, 9, 15, 16, 21 on 8.4.14: Special Gazette (No. 112) 8.4.14 p. 1 : This information relates only to the provision/s amending the Corrections Act 1986 Corrections Amendment (Parole) Act 2014, No. 18/2014 Assent Date: 1.4.14 Commencement Date: 2.4.14: s. 2 : All of Act in operation Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014, No. 25/2014