Correctional Services Act 1982 (SA)

South Australia

Correctional Services Act 1982

An Act to provide for the establishment and management of prisons and other correctional institutions; to regulate the manner in which persons in correctional institutions are to be treated by those responsible for their detention and care; to provide for certain powers relating to the management of correctional services officers and employees; to provide for drug and alcohol testing of correctional services officers and employees and other persons; and for other purposes.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Correctional Services Act 1982.

1. (1)

   The primary object of this Act is the promotion of community safety.

2. (2)

   The other objects of this Act are—

   1. (a)

      to provide mechanisms for the establishment and proper administration of correctional institutions, probation and parole hostels and other facilities and services relating to persons who offend against the criminal law; and

   2. (b)

      to provide for the safe and secure management of prisoners held in correctional institutions in the State; and

   3. (c)

      to promote the rehabilitation of prisoners, probationers and parolees—

      1. (i)

         by providing the necessary correction, guidance and management to assist in their reintegration into the community; and

      2. (ii)

         by providing for effective, planned and individualised management plans for prisoners, probationers and parolees, including by providing for the assessment of the risks they pose to the community, their needs and the development, implementation and review of management plans based on such assessments; and

   4. (d)

      to have regard to the rights of victims of crime; and

   5. (e)

      to have regard to the particular needs and circumstances relevant to the cultural identity and linguistic background of prisoners, probationers and parolees; and

   6. (f)

      to recognise the importance of family and community involvement and participation in the rehabilitation of prisoners, probationers and parolees; and

   7. (g)

      to recognise the particular importance of Aboriginal and Torres Strait Islander community involvement in the rehabilitation of prisoners, parolees and probationers who are Aboriginal and Torres Strait Islander persons, by ensuring so far as is reasonably practicable that—

      1. (i)

         Aboriginal and Torres Strait Islander persons are placed in a correctional institution as close as possible to their usual place of residence; and

      2. (ii)

         an Aboriginal or Torres Strait Islander person is entitled to seek a review of a decision to transfer the person from 1 correctional institution to another in relation to regional transfers where the person will be 200km or further from the correctional institution they are being transferred from; and

      3. (iii)

         Aboriginal and Torres Strait Islander communities are adequately consulted in relation to any community service projects that are regarded as having particular value to the relevant Aboriginal or Torres Strait Islander community; and

   8. (h)

      to support the reintegration of prisoners, probationers and parolees with the community as part of their rehabilitation; and

   9. (i)

      to facilitate, for the purpose of promoting the safety of the community, the sharing of information related to the administration or enforcement…