Corrections (Custody) Act 2001
Act No. 45/2001
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purposes 1 2. Commencement 2
PART 2—AMENDMENTS RELATING TO CUSTODY 3
3. Definitions 3 4. Repeal of section 4 3 5. New Part 1A inserted 3 PART 1A—LEGAL CUSTODY 3
6. Order of imprisonment 3 6A. When is a person in the legal custody of the Secretary? 4 6B. When does legal custody of the Secretary cease? 5 6C. Persons not regarded to be in the Secretary's legal custody 6 6D. When is a person in the legal custody of the Chief Commissioner of Police? 6 6E. When does legal custody of the Chief Commissioner cease? 8 6F. Powers of court or tribunal not to be affected 8
6. Agreements with the Chief Commissioner 9 7. Authorisation of certain staff 9 8. Further powers and functions for transport of persons 9 9. Status of staff 12 10. Transport functions 12 11. Use of reasonable force 12 12. Police gaols 12 13. Employment under Public Sector Management and Employment Act 13 14. Powers of Secretary 13 15. New Division 1A of Part 8 inserted 13
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Section Page
Division 1A—Escort Officers 13
55A. Powers of Secretary in relation to escort officers 13 55B. Escort officers subject to direction of court or tribunal 13 55C. Functions and powers of escort officers in relation to prisoners 14 55D. Authorisation of instruments of restraint 16 55E. Use of reasonable force 16 55F. Report to Secretary 16 55G. Functions and powers of escort officers in relation to persons surrendering to court 17 55H. How are things seized by an escort officer to be dealt with? 18 55I. Powers of members of police force 19 55J. Additional powers of escort officers 20
16. New Division 2 of Part 8 substituted 20 Division 2—Transfer of Prisoners 20
56. Transfers between prisons 20
56AA. Transfers to and from police gaols 20 56AB. Legal custody of prisoners and detainees transferred to institutions and approved mental health services
20
17. Custodial community permits 22 18. Effect of permit 22 19. Insertion of section 108 23
108. Apprehension of escaped prisoners 23
20. Supreme Court—limitation of jurisdiction 23 21. Regulations 23 22. Insertion of new section 114 24
114. Transitional provisions—legal custody 24
PART 3—MISCELLANEOUS AMENDMENTS TO THE
CORRECTIONS ACT 1986 25
23. Definitions 25 24. Extension of Secretary's delegation power 25 25. Commissioner to have automatic right of access 25 26. Status of staff 26 27. Insertion of section 22A 26
22A. Powers of Governor 26
28. Secrecy 26 29. Insertion of section 30A 27
30A. Victim may be given certain information about a
prisoner 27
30. Information to be given by visitors 28 31. Search 29 32. Prisoners' rights 29
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Section Page
33. Insertion of sections 47A–47E 30
47A. Suspected dangerous letters may be disposed of 30 47B. Certain confidential letters may be inspected 30 47C. All other letters may be opened and read 32 47D. Threatening letters may be stopped and…