S. 3(1) def. of inserted by No. 94/1994 s. 4(c). sub-contractor means a sub-contractor of a contractor; S. 3(1) def. of supervise inserted by No. 45/2001 s. 3(2). supervise, in relation to a prisoner or person, includes to take charge of and to hold the prisoner or person; S. 3(1) def. of transition centre inserted by No. 2/2005 s. 3. s. 3 transition centre means a transition centre under Part 3; S. 3(1) def. of transport inserted by No. 45/2001 s. 3(2). transport includes escort, bring, transfer, convey, take and deliver; S. 3(1) def. of victims register inserted by No. 14/2004 s. 4. victims register means the register established under the regulations for the purpose of recording persons entitled to be given information under section 30A and to make victim submissions; S. 3(1) def. of victim submission inserted by No. 14/2004 s. 4. victim submission means a submission made under section 74A to the Adult Parole Board; volunteer means a person whose name appears in the Register of Volunteers kept under Part 4. S. 3(2) inserted by No. 72/2001 s. 3(Sch. item 4.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 12.2). (2) For the purposes of the definition of domestic partner in subsection (1)— (a) registered relationship has the same meaning as in the Relationships Act 2008; and
S. 8(1)(a) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 45.2). (a) under this Act or the regulations or under any other Act other than the Public Administration Act 2004; or S. 8(1)(ab) inserted by No. 45/2001 s. 24, amended by No. 108/2004 s. 117(1) (Sch. 3 item 45.2). (ab) under regulations made under any Act other than the Public Administration Act 2004; or (b) under an agreement under Part 2A— except this power of delegation and the Secretary's powers under section 54A. S. 8(2) amended by No. 45/1996 s. 17(Sch. 1 item 4(a)). (2) The Secretary may under subsection (1) delegate a function, power, duty or responsibility to a person or class of persons. S. 8A inserted by No. 94/1994 s. 6. 8A Commissioner s. 8A S. 8A(1) amended by Nos 45/1996 s. 17(Sch. 1 item 5), 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 45.2). (1) The Secretary may under Part 3 of the Public Administration Act 2004 employ a person to be Commissioner for the purposes of this Act. (2) The Commissioner is responsible for— S. 8A(2)(a) amended by No. 21/2008 s. 4(2). (a) assessing performance in the provision of all correctional services to achieve the safe
S. 9A(5)(a) amended by Nos 94/1994 s. 12(3)(c), 45/1996 s. 17(Sch. 1 item 10). (a) to any person who has not undertaken a relevant course of training or instruction accredited by the Secretary or the Chief Commissioner of Police for the purposes of this Part; or S. 9A(5)(b) amended by Nos 94/1994 s. 12(3)(c), 45/1996 s. 17(Sch. 1 item 10). (b) to any person whom the Secretary or the Chief Commissioner of Police considers not to be a fit and proper person to be so authorised for any reason including criminal record, character or educational standard. S. 9A(6) amended by Nos 94/1994 s. 12(3)(c)(d), 45/1996 s. 17(Sch. 1 item 10). (6) After giving the person a reasonable opportunity to be heard, the Secretary or the Chief Commissioner of Police may at any time revoke an authority given by him or her to that person if he or she considers that it is in the public interest to do so. S. 9A(7) amended by Nos 94/1994 s. 12(3)(c)(e), 45/1996 s. 17(Sch. 1 item 10). (7) Without limiting subsection (6), the Secretary or the Chief Commissioner of Police may revoke an authority given by him or her if— S. 9A(7)(a) amended by Nos 94/1994 s. 12(3)(c), 45/1996 s. 17(Sch. 1 item 10). (a) in the opinion of the Secretary or the Chief Commissioner of Police it ought not to have been given having regard to subsections (4) and (5); or (b) the person has failed to comply with any provision of this Act or the regulations or with any direction given to him or her under this Act or the regulations.
S. 9A(8) inserted by No. 26/1997 s. 12(3), repealed by No. 45/2001 s. 8(3). * * * * * S. 9B inserted by No. 11/1993 s. 4(1). 9B Police inquiry and report s. 9B 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.
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.
10 Establishment of prisons s. 10 (1) The Governor in Council may by Order appoint any premises or place to be a prison. (2) The name of a prison is the name given to it in the Order establishing it. (3) The maximum number of persons to be detained in a prison is the number (if any) stated in the Order establishing it. S. 10(3A) inserted by No. 45/1996 s. 14(1). (3A) The Governor in Council may by Order revoke the appointment of any place or premises as a prison, including a place or premises listed in column 2 of Schedule 2. S. 10(4) amended by No. 45/1996 s. 14(2). (4) An Order under subsection (1) or (3A) comes into operation on its making or on a later date stated in the Order. S. 10(5) amended by No. 45/1996 s. 14(3). (5) The Minister must within seven days after the making of an Order under subsection (1) or (3A) publish a copy of the Order in the Government Gazette. S. 10(6) amended by No. 16/1987 s. 4(3)(Sch. 1 item 7(a)). (6) Each of the premises and places which were prisons under Part V of the Community Services Act 1970 as in force immediately before the commencement of this section and were known by the names listed in column 1 of Schedule 2 is deemed to be appointed as a prison under this section by the name given to it in column 2 of that Schedule. (7) Upon the name of a prison being changed a reference in an Act other than this Act, a subordinate instrument or a document to the prison by its old name is deemed to be a reference to the prison by its new name.
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). S. 17 substituted by No. 94/1994 s. 19. 17 Powers of Secretary
(d) a person who— (i) is or has been the spouse or domestic partner of a prisoner or of an offender who is or was subject to an extended supervision order, a supervision order or a detention order, or an application for an extended supervision order, a supervision order or a detention order; and (ii) is a protected person under a family violence intervention order under the Family Violence Protection Act 2008, for which the prisoner or offender (as the case may be) is the respondent. s. 30A S. 30A(1A) inserted by No. 62/2013 s. 3(1). (1A) Subject to subsection (3) and section 30G, the Secretary must notify a person included on the victims register in respect of an offence for which a prisoner is serving a sentence of imprisonment of the release of the prisoner on parole. S. 30A(1B) inserted by No. 62/2013 s. 3(1). (1B) A notification under subsection (1A) must be made at least 14 days before the release of the prisoner on parole, unless the Adult Parole Board has waived the notice period in making the parole order. S. 30A(2) amended by No. 14/2004 s. 7(1). (2) Subject to section 30G, the Secretary may give a person included on the victims register in respect of an offence for which a prisoner is serving a sentence of imprisonment some or all of the following information— (a) details about the length of the prisoner's sentence for the offence and of any other sentences of imprisonment that the prisoner is liable to serve;
(5) In this section— S. 30I(5) def. of authorised person amended by Nos 18/2005 s. 18(Sch. 1 item 22.2), 97/2005 s. 182(Sch. 4 item 13.2), 13/2010 s. 51(Sch. item 16.4). authorised person means— (a) in the case of a person included on the victims register, a family member within the meaning of section 30A(1); (b) a member of the police force, the DPP or a person employed in the Office of Public Prosecutions established under the Public Prosecutions Act 1994 if that member or person is investigating an offence; (c) a registered medical practitioner in the course of treatment of a person included on the victims register in relation to a condition or issues arising from that person being a victim of a criminal act of violence; s. 30I (d) a person registered as a psychologist under the Health Practitioner Regulation National Law in the course of treatment of a person included on the victims register in relation to a condition or issues arising from that 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;
42 Visitors to give prescribed information s. 42 S. 42(1) substituted by No. 45/2001 s. 30(1). (1) A prison officer may require any person who wishes to enter, or who has entered, a prison as a visitor to give the prison officer information as to— (a) the purpose of the visit or intended visit; (b) the person's identity, address, occupation and age; (c) the person's relationship (if any) to any prisoner the person wishes to visit. (2) A person who wishes to enter or has entered a prison as a visitor and who knowingly gives to a prison officer information that is false or misleading is guilty of an offence. 5 penalty units. S. 42(3) amended by No. 45/2001 s. 30(2). (3) If when asked, a person does not give the required information to a prison officer or gives information to a prison officer that is false or misleading the prison officer may— (a) if the person has not entered the prison, by order prohibit the person from entering the prison; or (b) if the person has entered the prison, order the person to leave the prison immediately. (4) A person who disobeys an order under this section is guilty of an offence. 5 penalty units. S. 42(5) amended by No. 45/1996 s. 17(Sch. 1 item 29). (5) A person ordered to leave a prison under this section may only re-enter the prison with the Secretary's permission.
46 Seizure s. 46 (1) In carrying out searches under sections 44 and 45 a prison officer may seize any one or more of the following— (a) any thing found in the prison, whether in a person's possession or not, which the prison officer believes on reasonable grounds jeopardizes or is likely to jeopardize the security or good order of the prison or the safety of persons in the prison; (b) any thing found on a prisoner or in a prisoner's possession, other than a thing which the prisoner is authorized to wear or to possess under Division 4, the regulations, or a direction of the Governor; (c) any thing which a prisoner is authorized to wear or to possess under Division 4, the regulations or a direction of the Governor, which the prison officer believes on reasonable grounds jeopardizes or is likely to jeopardize the security of the prison or the safety of persons in the prison. (2) A prison officer who seizes any thing under subsection (1) must immediately inform the Governor. (3) A Governor must deal in accordance with the regulations with any thing, which is not a drug of dependence, and is seized under this section. Division 4—Prisoners rights 47 Prisoners rights (1) Every prisoner has the following rights— (a) if not ordinarily engaged in outdoor work, the right to be in the open air for at least an hour each day, if the weather permits;
S. 47A inserted by No. 45/2001 s. 33. 47A Suspected dangerous letters may be disposed of s. 47A If the Governor reasonably suspects that any letter to, or from, a prisoner contains an unauthorised article or substance that could pose an immediate danger to any person, the Governor may dispose of the letter in any manner he or she considers to be appropriate. S. 47B inserted by No. 45/2001 s. 33. 47B Certain confidential letters may be inspected (1) This section applies if the Governor reasonably suspects that a letter to, or from, a prisoner contains any unauthorised article or substance, but section 47A does not apply. 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(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. S. 47B(4) amended by No. 10/2013 s. 18. (4) If the letter is to, or from, the Minister, a member of Parliament, the Secretary, the Commissioner or an independent prison 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. (6) In opening or inspecting a letter under this section, the Governor— (a) may inspect the envelope, and any associated packet, parcel, container or wrapper; but (b) must not read or censor the letter. S. 47C inserted by No. 45/2001 s. 33. 47C All other letters may be opened and read s. 47C A prison officer may open, inspect and read a letter sent to, or received by, a prisoner by or from any person who is not listed in section 47(1)(m) to determine whether or not the contents of the letter may jeopardise the safety and security of the prison, the safe custody and welfare of any prisoner or the safety of the community.
S. 50(5) amended by No. 16/1991 ss 11(3), 12(a)(i). (5) Subject to subsection (4) if after investigating an alleged prison offence the disciplinary officer is satisfied that the prisoner has committed the offence the disciplinary officer must record the offence in the register of offences and may, in addition, do one of the following— (a) reprimand a prisoner; or (b) withdraw one of the prisoner's privileges for less than 14 days; or S. 50(5)(c) repealed by No. 16/1991 s. 12(a)(ii). * * * * * S. 50(5)(d) amended by No. 45/2001 s. 34(2)(a). (d) charge the prisoner with the prison offence. S. 50(5)(e) amended by No. 16/1991 s. 12(a)(iii), repealed by No. 45/2001 s. 34(2)(b). * * * * * S. 50(5A) inserted by No. 45/2001 s. 34(3). (5A) In addition to any action the disciplinary officer may take under subsection (5)(a), (b) or (d), the disciplinary officer may also take steps to have the matter dealt with under the criminal law. S. 50(6) amended by No. 16/1991 s. 11(3). (6) A charge for a prison offence must be in writing, and the disciplinary officer must as soon as possible give a copy of the charge to the Governor and the prisoner. S. 50(7)(8) repealed by No. 44/1991 s. 6(d). * * * * * S. 50(9) amended by No. 16/1991 s. 11(3). (9) A decision or purported decision of a disciplinary officer under this section cannot be appealed
(ii) if legal custody of the prisoner is authorised to be transferred to a person other than the Secretary, into the physical custody of a person acting on behalf of the person to whom legal custody is to be transferred. (2) An escort officer has the following powers in relation to a prisoner he or she is transporting or supervising— (a) to order the prisoner to do or not to do anything which the escort officer believes on reasonable grounds is necessary for the safety of the escort officer, the prisoner or any other person; s. 55C (b) to search and examine the prisoner or any thing in the prisoner's possession or under the prisoner's control if the escort officer believes on reasonable grounds that this is necessary for the safety of the escort officer, the prisoner or any other person; (c) to seize any thing found on the prisoner or in the prisoner's possession or under the prisoner's control if the escort officer believes on reasonable grounds that this is necessary for the safety of the escort officer, the prisoner or any other person; (d) to apply an authorised instrument of restraint to the prisoner for the duration of the transport or supervision of the prisoner if the Secretary believes on reasonable grounds that the application of the instrument of restraint is necessary to prevent the escape of the prisoner or the assault of, or injury to, any person; (e) to apply an authorised instrument of restraint to the prisoner during the transport or
S. 67(1) amended by No. 45/1996 s. 17(Sch. 1 item 45). s. 67 (1) If the Board has heard and determined a matter the Secretary of the Board or a member of the Board may on behalf of the Board sign and issue all necessary orders and documents relating to that matter. (2) An order or document signed under subsection (1) has effect as if signed by all the members of the Board. 68 Evidentiary S. 68(1) amended by No. 45/1996 s. 17(Sch. 1 item 46(a)). (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. S. 69(1)(d) repealed by No. 30/2010 s. 53(2). * * * * * (2) In exercising its functions, the Board is not bound by the rules of natural justice. S. 69(3) substituted by No. 81/2005 s. 6. (3) A member of the Board is not personally liable for anything done or omitted to be done in good faith— (a) in relation to any function referred to in subsection (1), or in exercising any power in relation to such a function; or s. 69 (b) in the reasonable belief that the act or omission related to the function, or was in the exercise of the power. S. 69(4) inserted by No. 81/2005 s. 6. (4) Any liability resulting from an act or omission that would, but for subsection (3), attach to the member of the Board attaches instead to the Board. S. 69(5) inserted by No. 81/2005 s. 6. (5) Subsections (3) and (4) are deemed to apply in respect of anything done, or not done, in good faith before the commencement of section 6 of the Prisoners (Interstate Transfer) (Amendment) Act 2005 by a member, or former member, of the Board, in his or her capacity as a member of the Board, in respect of any of his or her functions under—
(a) the Community Welfare Services Act 1970 or the Community Services Act 1970; and (b) Division 10 of Part 4 of the Children and Young Persons Act 1989; and S. 69(5)(c) amended by No. 30/2010 s. 53(3). (c) Subdivision (1A) of Division 2 of Part 3 of the Sentencing Act 1991; and (d) the Serious Sex Offenders Monitoring Act 2005. S. 70 amended by No. 44/1991 s. 6(1), substituted by No. 45/2001 s. 36, amended by No. 91/2009 s. 210 (ILA s. 39B(1)). 70 Secretary to supply assistance to Board s. 70 (1) The Secretary must provide such employees of the Department of Justice and such other assistance to the Board as is necessary to assist the Board— (a) in supervising persons released on parole; and S. 70(1)(aa) inserted by No. 53/2003 s. 16, repealed by No. 48/2011 s. 7. * * * * * S. 70(1)(ab) inserted by No. 1/2005 s. 47(2), amended by No. 21/2008 s. 6(b). (ab) in supervising persons subject to an extended supervision order or interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005; and (b) to perform any other of the Board's functions. S. 70(2) inserted by No. 91/2009 s. 210. (2) Without limiting subsection (1), the Secretary must provide such employees of the Department of Justice and such other assistance to the Board as is necessary to assist the Board in carrying out its functions under the Serious Sex Offenders (Detention and Supervision) Act 2009.
(b) in the case of a warrant issued by a magistrate, to the principal registrar of the Magistrates' Court. _______________ Pt 8A (Heading and ss 80–84E) inserted by No. 94/1994 s. 22. New s. 80 inserted by No. 94/1994 s. 22. 80 Definitions s. 80 In this Part— corresponding Director in relation to a participating State, means the officer responsible for the administration of prisons in that State; interstate law means a law that under an Order in force under section 81 is declared to be an interstate law for the purposes of this Part; participating State means any State in which an interstate law is in force; S. 80 def. of permit amended by No. 2/2005 s. 8(4). permit means a custodial interstate community permit issued under this Part; State includes the and the . New s. 81 inserted by No. 94/1994 s. 22, substituted by No. 38/2003 s. 5. 81 Interstate laws The Governor in Council may, by Order published in the Government Gazette, declare that a law of a State other than is an interstate law for the purposes of this Part.
(c) is subject to the conditions set out in the regulations and any other conditions stated in the permit. S. 83(2) amended by No. 38/2003 s. 7(c). (2) The period stated in a permit must not exceed 7 days. S. 83(3) amended by Nos 45/1996 s. 17(Sch. 1 item 51), 45/2001 s. 18(b)(i)(ii). (3) Subject to section 6B, a prisoner who is authorised to be absent from prison under a permit continues in the legal custody of the Secretary while absent. S. 83(4) amended by No. 45/1996 s. 17(Sch. 1 item 51), repealed by No. 38/2003 s. 7(d). * * * * * New s. 84 inserted by No. 94/1994 s. 22. 84 Variation or revocation of permit s. 84 S. 84(1) amended by No. 45/1996 s. 17(Sch. 1 item 52). (1) The Secretary may before the prisoner is allowed to be absent from the prison under a permit or at any time during the period of the permit— (a) vary or revoke any condition of the permit or impose any additional condition; or (b) subject to section 83(2), vary the period of the permit; or (c) revoke the permit. (2) The revocation of a permit or the varying or revocation of a condition or the varying of the period of the permit or the imposing of an additional condition under this section takes effect immediately.
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. (2) An order establishing a community corrections centre may include a statement restricting the number of offenders who may attend the centre.
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 S. 104F inserted by No. 81/2005 s. 9, substituted by No. 91/2009 s. 215. 104F Application of this Division (1) This Division applies if a relevant person or body instructs or directs a monitored person to attend a community corrections centre for the purposes of that Act. (2) In this section, relevant person or body means—
S. 104N(2) amended by No. 91/2009 s. 218(2). (2) The Regional Manager of a region must give all necessary directions to ensure that officers working in, or assigned to, the region comply with this Act, the regulations, the Serious Sex Offenders (Detention and Supervision) Act 2009 and the Serious Sex Offenders Monitoring Act 2005 in relation to the monitored people to whom this Part applies. (3) In this section, region means an area, or several areas, designated under Part 9 as a region. s. 104N _______________ Pt 9C (Heading and ss inserted by No. 50/2008 s. 3. Division 1—Introductory S. 104O inserted by No. 50/2008 s. 3. 104O Definitions s. 104O In this Part— agreement includes compromise and acceptance of an offer of compromise; award of damages means damages— (a) awarded pursuant to a judgment of a court; or (b) paid or payable in accordance with an agreement between the parties to the agreement; civil wrong means an act or omission of the State—
S. 112(2)(d) amended by No. 45/1996 s. 17(Sch. 1 item 67). (d) may confer power on the Secretary, a Governor or a Regional Manager to grant exemption from the regulations, to impose conditions subject to which the exemption is granted and to revoke or vary the exemption; and (e) may apply or incorporate by reference any document formulated in accordance with the regulations and concerning the conduct of officers under Part 5 or Part 9, prisoners or offenders, the privileges of prisoners or the routine of a prison or a location; and (f) may impose penalties not exceeding 10 penalty units for contravention of the regulations. S. 112(3) amended by No. 45/1996 s. 17(Sch. 1 item 67). (3) If a Governor or a Regional Manager grants or varies an exemption under a power conferred by the regulations the Governor or the Regional Manager must as soon as possible report details of the exemption or variation to the Secretary. S. 112(4) amended by No. 45/1996 s. 17(Sch. 1 item 67). (4) The Secretary may by instrument given to the Governor or Regional Manager revoke or vary an exemption granted by the Governor or Regional Manager. S. 112(5) repealed by No. 45/1996 s. 7(d). * * * * * s. 112A S. 112A inserted by No. 53/2007 s. 20. 112A Additional regulation-making powers—firearms Without limiting section 112, the Governor in Council may, subject to disallowance by Parliament, make regulations for or with respect to— (a) the manner and circumstances in which an escort officer may be issued with a firearm, including circumstances relating to—
(a) is released on parole in respect of a sexual offence or a serious violent offence; and (b) was convicted before the commencement day of a sexual offence or a violent offence that was committed during the parole period. s. 122 (6B) The Board must determine under subsection (6A) to cancel the parole of the prisoner unless the Board is satisfied that circumstances exist that justify the continuation of the parole.". S. 124 inserted by No. 62/2013 s. 13. 124 Transitional provisions—Corrections Amendment (Parole Reform) Act 2013 The amendments made by the Corrections Amendment (Parole Reform) Act 2013 do not affect the appointment of the chairperson or any member of the Adult Parole Board made before the commencement of section 4 of that Act. __________________ SCHEDULES Sch. 1 Sch. 1 amended by No. 16/1987 s. 4(3)(Sch. 1 item 7(m)), repealed by No. 11/1993 s. 7(1)(g). * * * * * SCHEDULE 2 Sch. 2 S.10. Column 1 Column 2
Assent Date: 1.6.93 Commencement Date: S. 18 on 15.8.93: Government Gazette 12.8.93 p. 2244 : This information relates only to the provision/s amending the Corrections Act 1986 Medical Practice Act 1994, No. 23/1994 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
Assent Date: 26.3.02 Commencement Date: Ss 12, 13 on 2.5.02: Government Gazette 2.5.02 p. 789 : This information relates only to the provision/s amending the Corrections Act 1986 Criminal Justice Legislation (Miscellaneous Amendments) Act 2002, No. 35/2002 Assent Date: 18.6.02 Commencement Date: Ss 7–10 on 19.6.02: s. 2(1) : This information relates only to the provision/s amending the Corrections Act 1986 Corrections (Amendment) Act 2003, No. 38/2003 Assent Date: 11.6.03 Commencement Date: 12.6.03: s. 2 : All of Act in operation Corrections and Sentencing Acts (Home Detention) Act 2003, No. 53/2003 Assent Date: 16.6.03 Commencement Date: Ss 11–19 on 1.1.04: s. 2(5); ss 20, 21 never proclaimed, repealed by No. 79/2006 s. 15 : This information relates only to the provision/s amending the Corrections Act 1986 Corrections (Further Amendment) Act 2004, No. 14/2004 Assent Date: 18.5.04 Commencement Date: 30.8.04: s. 2(2) : All of Act in operation Drugs, Poisons and Controlled Substances and Therapeutic Goods () Acts (Amendment) Act 2004, No. 74/2004 Assent Date: 9.11.04 Commencement Date: S. 21 on 10.11.04: s. 2 : This information relates only to the provision/s amending the Corrections Act 1986 Corrections and Major Crime (Investigative Powers) Acts (Amendment) Act 2004, No. 97/2004 Assent Date: 14.12.04 Commencement Date: Ss 3–5 on 15.12.04: s. 2(2) : This information relates only to the provision/s amending the Corrections Act 1986 Endnotes Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 45) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Corrections Act 1986 Serious Sex Offenders Monitoring Act 2005, No. 1/2005