Corrections Management Act 2007 (ACT)
Corrections Management Act 2007
A2007-15
Republication No 45
Effective: 18 September 2024
Republication date: 18 September 2024
Last amendment made by A2024‑49
(republication for amendments by A2024-41
and A2024‑49)
About this republication
The republished law
This is a republication of the Corrections Management Act 2007 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 18 September 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 18 September 2024.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Corrections Management Act 2007
Contents
Page
Preamble 2
Chapter 1 Preliminary
1 Name of Act 3
3 Dictionary 3
4 Notes 3
5Offences against Act—application of Criminal Code etc 4
6 Application of Act—detainees 4
Chapter 2 Objects and principles
7 Main objects of Act 6
8 Management of correctional services 6
9 Treatment of detainees generally 7
10 Treatment of remandees 7
11 Treatment of certain detainees 8
12 Correctional centres—minimum living conditions 8
Chapter 3 Administration
Part 3.1 Administration—general
13 Ministerial directions to director‑general 10
14 Corrections policies and operating procedures 10
15 Exclusions from notified corrections policies and operating procedures 11
16 Director‑general directions 12
17 Director‑general delegations 12
18 Chief police officer delegations 13
Part 3.2 Corrections officers
19 Corrections officers—appointment 14
20 Corrections officers—functions 14
21 Doctors—health service appointments 15
22 Health practitioners—non-therapeutic functions 15
23 Identity cards 16
Part 3.3 Correctional centres
24 Correctional centres—declaration 17
25 Correctional centres—arrangements with NSW 17
Part 3.4 Administration—special provisions
26 Declaration of emergency 18
27 Emergency powers 19
28 Arrangements with police 19
Chapter 4 Detention in police and court cells etc
29 Definitions—ch 4 20
30 Detention in police cells 20
31 Detention in police cells—search powers etc 21
31A Detention in police cells—additional provisions for young detainees 22
32 Other police powers not limited 23
33 Detention in court cells 23
33A Detention in court cells—additional provisions for young detainees 24
34 Detainees accommodated away from correctional centre 25
Chapter 5 Escorting detainees
35 Escort officer functions etc 26
36 Escorting arrested person to court etc 26
37 Custody etc during proceedings 27
38 Executing warrants of imprisonment or remand etc 27
39 Other powers not limited 28
Chapter 6 Living conditions at correctional centres
40 Food and drink 29
41 Clothing 30
42 Personal hygiene 30
43 Sleeping areas 31
44 Treatment of convicted and non-convicted detainees 31
45 Access to open air and exercise 32
46 Communication with family and others 32
47 Telephone calls 33
48 Mail 35
49 Visits by family members etc 36
50 Contact with accredited people 37
51 Visits—protected communications 38
52 News and educational services 38
53 Health care 39
54 Transfers to health facilities 40
54A Transfer to mental health facility—notice of change in status 41
55 Religious, spiritual and cultural needs 42
Chapter 7 Access to and inspection of correctional centres
56 Independent inspections 44
56A Access to correctional centres 44
57 Official visitors—meaning of entitled person and visitable place 44
62 Relationship with other inspection laws 45
Chapter 8 Admission to correctional centres
63 Meaning of admission to correctional centre 47
64 Authority for detention 47
65 Identification of detainees 48
66 Information about entitlements and obligations 49
67 Initial assessment 50
68 Health assessment 51
69 Alcohol and drug tests on admission 51
70 Strip search on admission 51
71 Property of detainees 52
72 Security classification 53
73 Case management plan 53
74 Entries in register of detainees 53
Chapter 9 Management and security
Part 9.1 Management and security—general
75 Compliance with director‑general’s directions 54
76 Register of detainees 54
77 Health reports 55
78 Case management plans—scope etc 57
79 Transgender and intersex detainees—sexual identity 59
80 Security classification—basis etc 60
81 Prohibited things 61
82 Possession of prohibited things 61
83 Work by detainees 61
84 Trust accounts for detainees 62
85 Prohibited areas 62
86 Nonsmoking areas 62
87 Management and security—corrections policies and operating procedures 63
Part 9.2 Segregation
88 Meaning of segregation 64
89 Segregation under pt 9.2—purpose 64
90 Segregation—safety and security 64
91 Segregation—protective custody 65
92 Segregation—health 67
93 Interstate segregated detainees transferred to ACT 68
94 Segregated detainees removed to NSW 69
95 Segregation not to affect minimum living conditions 69
96 Application for review of segregation directions 69
97 Review of segregation directions 70
98 Other separation of detainees 71
Part 9.3 Monitoring
99 Monitoring—general considerations 72
100 Monitoring at correctional centres 72
101 Personal monitoring devices 73
102 Interfering with personal monitoring devices 73
103 Monitoring telephone calls etc 74
104 Monitoring ordinary mail 75
105 Monitoring protected mail 75
106 Mail searches—consequences 76
Part 9.4 Searches
Division 9.4.1 Searches—general
107 Definitions—searches 77
108 Intrusiveness of searches 78
109 Searches of transgender and intersex detainees 78
110 Register of strip and body searches 78
Division 9.4.2 Scanning, frisk and ordinary searches
111 Scanning, frisk and ordinary searches—direction to search detainee 79
112 Scanning, frisk and ordinary searches—requirements for search of detainee 80
112A Scanning and ordinary searches—direction to search non‑detainee 80
112B Scanning and ordinary searches—requirements for search of non‑detainee 81
112C Frisk searches—direction to search non‑detainee 82
112D Frisk searches—requirements for search of non-detainee 82
Division 9.4.3 Strip searches
113 Meaning of seizeable item—div 9.4.3 82
113A Strip searches—when may be conducted 83
113B Strip searches—on suspicion 83
113C Strip searches—where prudent 83
114 Strip searches—presence of corrections officers 84
115 Strip searches—general rules 85
Division 9.4.4 Body searches
116 Body searches—directions 86
117 Body searches—presence of nurse and corrections officers 86
118 Body searches—assistance from corrections officer 87
119 Body searches—rules about detainee’s clothing 87
120 Body searches—rules about touching detainee 88
121 Body searches—seizing things 88
Division 9.4.5 Searches of premises and property
122 Searches—premises and property 88
123 Searches of detainee cells—legally privileged material 89
124 Searches of detainee cells—suspected legally privileged material 90
Division 9.4.6 Searches—miscellaneous
125 Searches—use of corrections dogs 91
126 Searches—use of force 91
Part 9.5 Seizing property
127 Seizing mail etc 92
128 Seizing property—general 93
129 Receipt for seizure 93
130 Forfeiture of things seized 94
131 Return of things seized but not forfeited 95
Part 9.6 Alcohol and drug testing
Division 9.6.1 General
132 Definitions—drug and test sample 96
133 When test sample positive 96
Division 9.6.2 Alcohol and drug testing—detainees
134 Alcohol and drug testing of detainees 98
135 Effect of positive test sample from detainee 99
Division 9.6.3 Alcohol and drug testing—corrections officers etc
136 Alcohol and drug testing of corrections officers etc 100
Part 9.7 Use of force
137 Managing use of force 101
138 Authorised use of force 101
139 Application of force 102
140 Use of restraints or weapons 102
141 Medical examination after use of force 104
142 Reporting use of force 104
Part 9.8 Access to correctional centres
143 Visiting conditions 105
144 Notice of visiting conditions 105
145 Taking prohibited things etc into correctional centre 106
146 Directions to visitors 106
147 Searches of visitors 107
148 Directions to leave correctional centre etc 107
149 Removing people from correctional centre 108
Chapter 10Discipline
Part 10.1 General
150 Application—ch 10 110
151 Definitions—discipline 110
152 Meaning of disciplinary breach 111
153 Meaning of investigator 113
154 Meaning of privilege 114
155 Overlapping disciplinary breaches and criminal offences 114
Part 10.2 Disciplinary investigations
Division 10.2.1 Investigation of disciplinary breaches
156 Report etc by corrections officer 116
157 Investigation by investigator 117
158 Action by presiding officer 117
159 Disciplinary charge 119
Division 10.2.2 Investigative segregation
160 Director‑general directions—investigative segregation 119
161 Grounds for investigative segregation 120
162 Notice of investigative segregation 120
163 Duration of investigative segregation 120
164 Application for review of investigative segregation directions 121
165 Review of investigative segregation directions 122
Part 10.3 Disciplinary action and review
Division 10.3.1 Disciplinary action—with accused’s consent
167 Disciplinary breach admitted by accused 124
168 Presiding officer’s powers—breach admitted by accused 125
Division 10.3.2 Internal disciplinary inquiry
170 Disciplinary inquiry into charge 125
171 Presiding officer’s powers after internal inquiry 126
Division 10.3.3 Internal review of inquiry decision
173 Application for review of inquiry decision 127
175 Review of inquiry decision 127
176 Director-general’s powers after further inquiry 128
Division 10.3.4 External review of inquiry decisions
177 Appointment of adjudicator 128
178 Application for review by adjudicator 129
179 Review by adjudicator 129
180 Adjudicator’s powers after review 130
Division 10.3.5 Disciplinary action
181 Application—div 10.3.5 131
182 Meaning of relevant presiding officer—div 10.3.5 131
183 Disciplinary action by relevant presiding officer 132
184 Administrative penalties 132
185 Reparation 133
186 Maximum administrative penalties 133
187 Separate confinement conditions 134
188 Privileges and entitlements—impact of discipline 134
189 Record of disciplinary action 134
Chapter 11 Disciplinary inquiries
Part 11.1 Conduct of disciplinary inquiries—general
190 Application—ch 11 136
191 Meaning of presiding officer—ch 11 136
Part 11.2 Disciplinary inquiry procedures
192 Nature of disciplinary inquiries 137
193Application of Criminal Code, ch 7 137
194 Notice of disciplinary inquiry etc 137
195 Conduct of disciplinary inquiries 138
196 Presiding officer may require official reports 138
197 Presiding officer may require information and documents 139
198 Possession of inquiry documents etc 140
199 Record of inquiry 140
Part 11.3 Disciplinary hearing procedures
200 Notice of disciplinary hearing 141
201 Appearance at disciplinary hearing 141
202 Rights of accused at disciplinary hearing 142
203 Appearance at disciplinary hearing—audiovisual or audio link 143
Chapter 12 Full-time detainees—leave
Part 12.1 Local leave
204 Local leave directions 145
205 Local leave permits 146
Part 12.2 Interstate leave
Division 12.2.1 General
206 Definitions—pt 12.2 148
207 Declaration of corresponding leave laws 148
Division 12.2.2 ACT permits for interstate leave
208 Interstate leave permits 149
209 Effect of ACT permit for interstate leave 151
210 Notice to participating States 151
211 Powers of escort officers 152
212 Liability for damage etc 152
Division 12.2.3 Interstate leave under corresponding leave laws
213 Effect in ACT of interstate leave permit under corresponding leave law 153
214 Powers of interstate escort officers 153
215 Escape of interstate detainee 153
216 Return of escaped interstate detainee 154
Chapter 13 Miscellaneous
217 Lawful temporary absence from correctional centre 155
217A Power of court to bring detainee before it—civil proceeding 156
218 Detainee’s work—no employment contract etc 157
219 Detainee’s work—work health and safety 157
220 Personal injury management—detainees etc 157
222 Confidentiality 158
223 Protection from liability 161
224 Corrections dogs 161
225 Declaration of corresponding corrections law 161
226 Evidentiary certificates 162
227 Determination of fees 163
228 Approved forms 163
229 Regulation-making power 164
230 Review of strip search on admission provision 165
Dictionary167
Endnotes
1 About the endnotes 174
2 Abbreviation key 174
3 Legislation history 175
4 Amendment history 183
5 Earlier republications 197
6 Expired transitional or validating provisions 200
Corrections Management Act 2007
An Act relating to correctional services, and for other purposes
Preamble
1The inherent dignity of all human beings, whatever their personal or social status, is one of the fundamental values of a just and democratic society.
2The criminal justice system should respect and protect all human rights in accordance with the Human Rights Act 2004 and international law.
3Sentences are imposed on offenders as punishment, not for punishment.
4The management of imprisoned offenders, and people remanded or otherwise detained in lawful custody, should contribute to the maintenance of a safe, just and democratic society, particularly as follows:
(a)by ensuring justice, security and good order at correctional centres;
(b)by ensuring that harm suffered by victims of offenders, and their need for protection, are considered appropriately in making decisions about the management of offenders;
(c)by promoting the rehabilitation of imprisoned offenders and their reintegration into society;
(d)by ensuring that imprisoned offenders and people remanded or otherwise detained in lawful custody are treated in a decent, humane and just way.
The Legislative Assembly for the Australian Capital Territory therefore enacts as follows:
Chapter 1Preliminary
Name of Act
This Act is the Corrections Management Act 2007.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘detainee—see section 6.’ means that the term ‘detainee’ is defined in that section and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Application of Act—detainees
(1)This Act applies to each of the following (each of whom is a detainee):
(a)an offender while the offender is required to be imprisoned under full-time detention because of a committal order for the Crimes (Sentence Administration) Act 2005, part 3.1;
(b)a person while the person is remanded in custody because of an order for remand for the Crimes (Sentence Administration) Act 2005, part 3.2;
(c)anyone else while the person is required to be held in custody or detention under a territory law or a law of the Commonwealth, a State or another Territory.
Examples—par (c)
1a person held on a warrant issued under the Royal Commissions Act 1991, section 35 (Apprehension of witnesses failing to appear)
2a person in immigration detention under the Migration Act 1958 (Cwlth)
3an interstate detainee on leave in the ACT held in custody overnight
(2)However, the application of this Act is subject to the Crimes (Sentence Administration) Act 2005, part 4.3 (Full-time detention in NSW).
(3)Also, this Act (other than chapter 4 (Detention in police and court cells)) does not apply to a person detained under the Children and Young People Act 2008.
Chapter 2Objects and principles
Main objects of Act
The main objects of this Act are to promote public safety and the maintenance of a just society, particularly by—
(a)ensuring the secure detention of detainees at correctional centres; and
(b)ensuring justice, security and good order at correctional centres; and
(c)ensuring that detainees are treated in a decent, humane and just way; and
(d)promoting the rehabilitation of offenders and their reintegration into society.
Management of correctional services
Correctional services must be managed so as to achieve the main objects of this Act, particularly by—
(a)ensuring that public safety is the paramount consideration in decision-making about the management of detainees; and
(b)ensuring respect for the humanity of everyone involved in correctional services, including detainees, corrections officers and other people who work at or visit correctional centres; and
(c)ensuring behaviour by corrections officers that recognises and respects the inherent dignity of detainees as individuals; and
(d)ensuring that harm suffered by victims, and their need for protection, are considered appropriately in decision-making about the management of detainees.
Treatment of detainees generally
Functions under this Act in relation to a detainee must be exercised as follows:
(a)to respect and protect the detainee’s human rights;
(b)to ensure the detainee’s decent, humane and just treatment;
(c)to preclude torture or cruel, inhuman or degrading treatment;
(d)to ensure the detainee is not subject to further punishment (in addition to deprivation of liberty) only because of the conditions of detention;
(e)to ensure the detainee’s conditions in detention comply with section 12 (Correctional centres—minimum living conditions);
(f)if the detainee is an offender—to promote, as far as practicable, the detainee’s rehabilitation and reintegration into society.
Treatment of remandees
(1)Functions under this Act in relation to a detainee who is a remandee must also be exercised to recognise and respect that—
(a)the remandee must be presumed innocent of any offence for which the remandee is remanded; and
(b)the detention is not imposed as punishment of the remandee.
(2)Subsection (1) does not apply if the remandee—
(a)has been convicted or found guilty of the offence for which the remandee is detained; or
(b)is under a sentence of imprisonment in relation to another offence.
Examples—par (a)
1a convicted person remanded in custody for sentencing
2a paroled offender remanded in custody during an adjournment of a hearing by the sentence administration board
Treatment of certain detainees
(1)This section applies to a person (other than a sentenced offender or remandee) while the person is required to be held in custody or detention under a territory law or a law of the Commonwealth, a State or another Territory.
(2)Functions under this Act in relation to the person must be exercised to recognise and respect the purpose for which the person is held in custody or detention.
(3)This Act applies in relation to the person as a full-time detainee, with any changes prescribed by regulation.
Correctional centres—minimum living conditions
(1)To protect the human rights of detainees at correctional centres, the director‑general must ensure, as far as practicable, that conditions at correctional centres meet at least the following minimum standards:
(a)detainees must have access to sufficient food and drink to avoid hunger and poor nourishment;
(b)detainees must have access to sufficient suitable clothing that does not degrade or humiliate detainees;
(c)detainees must have access to suitable facilities for personal hygiene;
(d)detainees must have suitable accommodation and bedding for sleeping in reasonable privacy and comfort;
(e)detainees must have reasonable access to the open air and exercise;
(f)detainees must have reasonable access to telephone, mail and other facilities for communicating with people in the community;
(g)detainees must have reasonable opportunities to receive visits from family members, accredited people and others;
NoteFamily member and accredited person are defined in the dictionary.
(h)detainees must have reasonable opportunities to communicate with their lawyers;
(i)detainees must have reasonable access to news and education services and facilities to maintain contact with society;
(j)detainees must have access to suitable health services and health facilities;
(k)detainees must have reasonable opportunities for religious, spiritual and cultural observances.
Example—par (k)
observances and practices relating to religious or spiritual beliefs, including indigenous spiritual beliefs
(2)Chapter 6 (Living conditions at correctional centres) applies in relation to correctional centres.
Chapter 3Administration
Part 3.1Administration—general
Ministerial directions to director‑general
(1)The Minister may give written directions to the director‑general about the exercise of functions under this Act.
Example of direction
a direction to make corrections policies or operating procedures to ensure that functions are exercised in accordance with a particular decision of the Supreme Court or a particular finding of a board of inquiry or royal commission
(2)The director‑general must comply with a direction under this section.
(3)A direction is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Corrections policies and operating procedures
(1)The director‑general may make corrections policies and operating procedures, consistent with this Act, to facilitate the effective and efficient management of correctional services.
(2)Each corrections policy or operating procedure is a notifiable instrument.
Note 1A notifiable instrument must be notified under the Legislation Act.
Note 2The amendment or repeal of a corrections policy or operating procedure is also a notifiable instrument. See the Legislation Act, section 46 (Power to make instrument includes power to amend or repeal).
(3)Each corrections policy or operating procedure—
(a)must be available for inspection by anyone at each correctional centre; and
(b)may be made available for inspection at any other place decided by the director‑general.
Exclusions from notified corrections policies and operating procedures
(1)The director‑general may exclude from a corrections policy or operating procedure notified or available for inspection in accordance with section 14 any matter that the director‑general believes, on reasonable grounds, would be likely to disclose—
(a)information that may endanger public safety or undermine justice, security or good order at a correctional centre; or
(b)anything prescribed by regulation.
(2)If subsection (1) applies to a corrections policy or operating procedure—
(a)the policy or procedure must contain a statement about the effect of this section; and
(b)the excluded matter must be available for inspection, on request, by any of the following:
(i)a judge or magistrate;
(ii)a member of the Legislative Assembly;
(iii)an official visitor;
(iv)the custodial inspector;
(v)the human rights commissioner;
(vi)the public advocate;
(vii)the ombudsman;
(viii)the integrity commissioner;
(ix)anyone else prescribed by regulation.
NoteTerritory laws apply to a delegate of a person in the exercise of a delegation as if the delegate were the person who appointed the delegate (see Legislation Act, s 239 (2)).
Director‑general directions
(1)The director‑general may give directions in relation to a detainee.
(2)Without limiting subsection (1), the director‑general may give a direction that the director‑general considers necessary and reasonable in relation to any of the following:
(a)the welfare or safety of the detainee or anyone else;
(b)security or good order at a correctional centre;
(c)ensuring compliance with any requirement under this Act or another territory law.
(3)A direction may be given orally or in writing and may apply to a particular detainee or 2 or more detainees.
(4)A direction by the director‑general under this Act, or anything done under the direction, is not invalid because of a defect or irregularity in or in relation to the direction.
Director‑general delegations
(1)The director‑general may delegate any of the director‑general’s functions under this Act to a corrections officer.
(2)This section does not limit the director‑general’s power to delegate a function under any other territory law.
Examples of delegation
1 a delegation for directions to be given to detainees at a correctional centre by the corrections officer in charge of the centre
2 a delegation for functions under chapter 10 (Discipline) to be exercised by a corrections officer at a correctional centre
Note 1For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Note 2The Public Sector Management Act 1994, s 20 also provides for a director‑general to delegate, and sub-delegate, powers given to the director‑general under a territory law.
Chief police officer delegations
(1)The chief police officer may delegate any of the chief police officer’s functions under this Act to a police officer.
(2)This section does not limit the chief police officer’s power to delegate a function under any other territory law.
Example of delegation
a delegation for giving directions under section 30 (Detention in police cells).
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Part 3.2Corrections officers
Corrections officers—appointment
(1)The director‑general may appoint a public servant, or anyone else, as a corrections officer for this Act.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Note 3A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation and corrections policy and operating procedure (see Legislation Act, s 104).
(2)The director‑general may make an appointment under this section only if satisfied that the appointee has appropriate qualifications or experience to exercise the functions of a corrections officer.
Corrections officers—functions
(1)A corrections officer—
(a)has the functions given to the officer under this Act or any other territory law; and
(b)is subject to the directions of the director‑general in the exercise of the functions.
(2)The functions of a corrections officer may be limited by—
(a)the instrument appointing the officer; or
(b)written notice given to the officer by the director‑general; or
(c)a regulation.
Doctors—health service appointments
(1)The director‑general responsible for the administration of the Public Health Act 1997 must appoint a doctor for each correctional centre.
(2)The doctor’s functions are—
(a)to provide health services to detainees; and
(b)to protect the health of detainees (including preventing the spread of disease at correctional centres).
(3)A doctor appointed for a correctional centre must be available to provide health services at the centre at least once each week.
(4)The doctor may give written directions to the director‑general for subsection (2) (b).
(5)The director‑general must ensure that each direction under subsection (4) is complied with unless the director‑general believes, on reasonable grounds, that compliance would undermine security or good order at the correctional centre.
Health practitioners—non-therapeutic functions
(1)The director‑general must appoint a health practitioner to exercise non-therapeutic functions at each correctional centre.
NoteHealth practitioner includes a doctor and nurse registered under the Health Practitioner Regulation National Law (ACT).
(2)In this section:
non-therapeutic function does not include a health service or other function mentioned in section 21.
Identity cards
(1)This section applies in relation to a person appointed under any of the following:
(a)section 19 (Corrections officers—appointment);
(b)section 21 (Doctors—health service appointments);
(c)section 22 (Health practitioners—non-therapeutic functions).
(2)The director‑general must give each person an identity card stating the person’s name and the position to which the person is appointed.
(3)The identity card must show—
(a)a recent photograph of the person; and
(b)the card’s date of issue and expiry; and
(c)anything else prescribed by regulation.
(4)A person commits an offence if the person—
(a)stops being a person to whom this section applies; and
(b)does not return the person’s identity card to the director‑general no later than 7 days after the day the person stops being a corrections officer.
Maximum penalty: 1 penalty unit.
(5)An offence against this section is a strict liability offence.
Part 3.3Correctional centres
Correctional centres—declaration
(1)The Minister may declare a place to be a correctional centre.
(2)A declaration is a notifiable instrument.
Examples of declarations
1 the declaration of a place, including a buffer zone surrounding a secure perimeter, to be a correctional centre
2 a declaration of a place to be a correctional centre for full-time detention, or for a stated time and purpose, eg a temporary correctional centre for remandees
Note 1A notifiable instrument must be notified under the Legislation Act.
Note 2The power to make an instrument includes power to make different provisions in relation to different matters or different classes of matters, and provisions that apply differently by reference to stated exceptions or factors (see Legislation Act, s 48).
Correctional centres—arrangements with NSW
(1)The Chief Minister may make arrangements with the Governor of New South Wales in relation to keeping full-time detainees at a NSW correctional centre.
(2)The arrangements may include provision for—
(a)the exercise by NSW officers of functions in relation to full‑time detainees kept at a NSW correctional centre; and
(b)reports by NSW officers about the exercise of those functions.
(3)In this section:
NSW officer means an officer or other person having authority under the Crimes (Administration of Sentences) Act 1999 (NSW) to exercise a function in relation to a full-time detainee.
NoteThe Crimes (Sentence Administration) Act 2005, pt 4.3 (Full-time detention in NSW) provides for the removal of full-time detainees to NSW correctional centres.
Part 3.4Administration—special provisions
Declaration of emergency
(1)This section applies if the director‑general believes, on reasonable grounds, that an emergency (including an imminent emergency) exists in relation to a correctional centre that threatens or is likely to threaten—
(a)security or good order at the centre; or
(b)the safety of anyone at the centre or elsewhere.
(2)The director‑general may declare that an emergency exists in relation to the correctional centre for a stated period of not more than—
(a)3 days; or
(b)if another period is prescribed by regulation—the period prescribed.
(3)To remove any doubt, the director‑general may make declarations for 2 or more consecutive periods in relation to the same emergency.
(4)A declaration commences when it is made, unless it provides for a later commencement.
(5)A declaration—
(a)is a notifiable instrument; and
(b)must be notified under the Legislation Act no later than the day after the day it is made.
Emergency powers
(1)While an emergency is declared under section 26 in relation to a correctional centre, the director‑general may do 1 or more of the following:
(a)restrict any work or activity at the centre;
(b)restrict access in, or to or from, the centre or any part of the centre;
(c)restrict communications between a detainee and anyone else;
(d)authorise a police officer or public servant to exercise any function exercisable by a corrections officer under this Act in accordance with any direction by the director‑general.
(2)The director‑general must ensure that action taken under this section is necessary and reasonable in the circumstances.
Arrangements with police
(1)The director‑general may make arrangements with the chief police officer for police assistance in relation to the administration of the following Acts:
(a)the Crimes (Sentencing) Act 2005;
(b)the Crimes (Sentence Administration) Act 2005;
(c)this Act.
(2)Subject to any arrangement under this section, the chief police officer must comply, as far as practicable, with any request by the director‑general for police assistance mentioned in subsection (1).
(3)A police officer providing assistance under this section may exercise any function exercisable by a corrections officer under an Act mentioned in subsection (1) in accordance with any direction by the director‑general.
Chapter 4Detention in police and court cells etc
Definitions—ch 4
(1)In this chapter:
court cell means a cell (however described) for the detention of a person at a court.
director‑general means—
(a)for a detainee (other than a young detainee)—the director‑general responsible for this Act; and
(b)for a young detainee—the director‑general responsible for the Children and Young People Act 2008.
police cell means a cell (however described) for the detention of a person at a police station.
young detainee—see the Children and Young People Act 2008, section 95.
(2)In this chapter—
(a)a reference to a correctional centre is, in relation to the custody or detention of a young detainee, a reference to a detention place under the Children and Young People Act 2008; and
(b)a reference to a corrections officer is, in relation to the custody or detention of a young detainee, a reference to a youth detention officer under the Children and Young People Act 2008.
Detention in police cells
(1)A person lawfully required to be in police custody may, for the purposes of the custody, be detained at a police cell.
(2)However, a person lawfully required to be in police custody must not be detained continuously at a police cell for a period longer than the following period (the allowed period):
(a)for a detainee (other than a young detainee)—36 hours;
(b)for a young detainee—12 hours.
(3)If a person is lawfully required to remain in police custody for a period longer than the allowed period, the chief police officer may direct that the person be transferred to the custody of the director‑general for the purposes of the police custody.
(4)The direction by the chief police officer—
(a)authorises the director‑general to have custody of the person under the direction; and
(b)requires the director‑general to do the following:
(i)take the person into custody;
(ii)arrange for the person’s admission to a correctional centre;
(iii)keep the person in custody under full-time detention under the direction;
(iv)provide for police access to the person;
(v)return the person to the custody of the chief police officer as required by the direction.
(5)To remove any doubt, the person is also taken to remain in police custody while in custody under subsection (4).
Detention in police cells—search powers etc
(1)The chief police officer may direct a police officer to conduct a scanning search, frisk search, ordinary search or strip search of a person detained at a police cell.
(2)For the application of this section to a detainee (other than a young detainee), part 9.4 (Searches) and part 9.5 (Seizing property) apply as if the direction, search or seizure occurred under the relevant part in relation to a detainee at a correctional centre.
(3)For the application of this section to a young detainee, the following provisions of the Children and Young People Act 2008 apply as if the direction, search or seizure occurred under the relevant part in relation to a young detainee at a detention place:
(a)part 7.1 (Preliminary—ch 7);
(b)part 7.2 (Searches generally);
(c)part 7.3 (Scanning, frisking and ordinary searches);
(d)part 7.4 (Strip searches—young detainees);
(e)part 7.9 (Seizing property).
31ADetention in police cells—additional provisions for young detainees
(1)This section applies if a young detainee is detained at a police cell under section 30.
(2)The chief police officer must ensure that the young detainee—
(a)is kept separate from adult detainees; and
(b)has prompt access to medical and legal assistance; and
(c)is told, in language and a way the detainee can readily understand, about the reason for the detention and the procedures that apply; and
(d)is able to contact and be contacted by each of the following:
(i)a commissioner exercising functions under the Human Rights Commission Act 2005;
(ii)the custodial inspector;
(iii)the ombudsman;
(iv)the integrity commissioner.
NoteThe Crimes Act 1914 (Cwlth), pt 1C contains provisions about investigation of offences (including about periods of arrest and obligations of investigating officials) that apply to offences against ACT laws punishable by imprisonment for longer than 12 months.
In particular, that Act, s 23Q provides that a person who is under arrest or a protected suspect must be treated with humanity and with respect for human dignity, and must not be subjected to cruel, inhuman or degrading treatment.
Other police powers not limited
To remove any doubt, section 30 and section 31 are additional to, and do not limit, any other provision relating to a police function under a territory law or a law of the Commonwealth, a State or another Territory.
Detention in court cells
(1)This section applies to a person who is—
(a)in the director‑general’s custody but not admitted as a detainee at a correctional centre; and
(b)required to attend a court.
(2)The director‑general may direct that the person be detained at a court cell in the custody of a corrections officer for the purposes of the person’s attendance at the court.
NoteIf the person is a young offender who is under 18 years old, the person must not be placed in a room with an adult who is under detention (see Children and Young People Act 2008, s 100).
(3)However, the person must not be detained continuously at a court cell for a period longer than the following period (the allowed period):
(a)for a detainee (other than a young detainee)—36 hours;
(b)for a young detainee—12 hours.
(4)If the person is required to remain in detention for a period longer than the allowed period for the court attendance, the director‑general must—
(a)arrange for the person’s admission to a correctional centre; and
(b)keep the person in custody under full-time detention for the attendance; and
(c)take the person to the court as required by the court.
(5)While detained at a court cell under this section—
(a)a detainee (other than a young detainee) is taken to be a detainee for all purposes under this Act; and
(b)a young detainee is taken to be a young detainee for all purposes under the Children and Young People Act 2008.
33ADetention in court cells—additional provisions for young detainees
(1)This section applies if a young detainee is detained at a court cell under section 33.
(2)The director‑general must ensure that the young detainee—
(a)is kept separate from adult detainees; and
(b)has prompt access to medical and legal assistance; and
(c)is told, in language and a way the detainee can readily understand, about the reason for the detention and the procedures that apply; and
(d)is able to contact and be contacted by each of the following:
(i)a commissioner exercising functions under the Human Rights Commission Act 2005;
(ii)the custodial inspector;
(iii)the ombudsman;
(iv)the integrity commissioner.
Detainees accommodated away from correctional centre
(1)This section applies if the director‑general believes, on reasonable grounds, that circumstances exist in relation to a correctional centre that make it necessary or prudent for a detainee admitted at the centre to be accommodated temporarily away from the centre.
Examples
1 where a correctional centre cannot properly accommodate any more detainees
2 where there is an outbreak of disease or violent behaviour at a correctional centre
3 where a detainee is being transferred to or from a correctional centre or other place and needs accommodation in transit
(2)The director‑general may declare that this section applies in relation to the correctional centre for a stated period.
(3)A declaration is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(4)The director‑general may direct that, while a declaration is in force in relation to a correctional centre, a detainee at the centre be detained—
(a)at a police cell in the custody of a police officer; or
(b)at a court cell in the custody of a corrections officer.
(5)The period of detention at a police cell or court cell is not limited by section 30 or section 33.
(6)To remove any doubt, while detained under this section—
(a)a detainee (other than a young detainee) remains a detainee for all purposes under this Act; and
(b)a young detainee remains a young detainee for all purposes under the Children and Young People Act 2008.
Chapter 5Escorting detainees
Escort officer functions etc
(1)This section applies if, under a law in force in the ACT, a person required to be held in the director‑general’s custody is to be escorted anywhere by an escort officer.
(2)To remove any doubt—
(a)the escort officer is authorised to have custody of the person for the purpose of escorting the person; and
(b)the person is also taken to be in the director‑general’s custody; and
(c)a corrections officer acting as the escort officer may, for the purpose of escorting the person, exercise any function under this Act that the officer may exercise in relation to a detainee admitted at a correctional centre.
Examples of functions—par (c)
1functions given to the officer under section 20 (Corrections officers—functions) or delegated to the officer by the director‑general (for example, giving directions to detainees)
2the officer’s functions under part 9.4 (Searches) or part 9.7 (Use of force)
Escorting arrested person to court etc
(1)This section applies if a person arrested by a police officer—
(a)has not been released on bail; and
(b)is in police custody; and
(c)is required by law to be brought before a court or tribunal.
(2)A police officer may request an escort officer to bring the person before the court or tribunal.
(3)The escort officer must bring the person before the court or tribunal and, for that purpose, may—
(a)take the person into custody; and
(b)arrange for the person to be detained under this Act until the person is brought before the court or tribunal.
Custody etc during proceedings
Subject to any order or direction of a court, an escort officer who is required to bring a person before a court must, as far as practicable—
(a)ensure the safe custody and welfare of the person for the purposes of the proceeding; and
(b)ensure that the person does not obstruct or hinder the proceeding.
Executing warrants of imprisonment or remand etc
(1)The director‑general may make escort officers available to attend on a court or tribunal—
(a)to take a person into custody; or
(b)to arrange for a person to be kept in custody; or
(c)to transfer or otherwise deal with a person.
(2)An order or direction of the court addressed to all escort officers—
(a)is taken to be addressed to each escort officers; and
(b)may be executed by any escort officers.
Other powers not limited
To remove any doubt, this chapter is additional to, and does not limit, any other provision relating to the escorting of detainees under a territory law or a law of the Commonwealth, a State or another territory.
Examples of other provisions
1 The Crimes (Sentence Administration) Act 2005, part 3.3 (Committal—miscellaneous)—
·section 20 (Directions to escort officers)
·section 21 (Orders to bring offender or remandee before court etc).
2 A law of a State relating to the escort of prisoners through the ACT.
Chapter 6Living conditions at correctional centres
Note to ch 6
Anything expressed in this chapter to be an entitlement for ch 10 (Discipline) is not affected by anything that happens under that chapter. See s 154 (Meaning of privilege) and s 188 (Privileges and entitlements—impact of discipline).
Food and drink
(1)The director‑general must ensure that—
(a)sufficient nutritional food and drink are provided for detainees to avoid hunger and poor nourishment; and
(b)meals are provided for detainees at times consistent with the cultural norms of Australia; and
(c)clean drinking water is provided to meet the needs of detainees.
(2)The director‑general must also ensure, as far as practicable, that allowance is made for the religious, spiritual and cultural needs of detainees in relation to the provision of food and drink.
(3)If a doctor, other than a doctor appointed under section 22 (Health practitioners—non-therapeutic functions), prescribes a particular diet for a detainee, the director‑general must ensure that reasonable steps are taken to provide the detainee with the diet.
(4)For chapter 10 (Discipline), subsections (1), (2) and (3) are taken to provide an entitlement for each detainee in relation to food and drink.
(5)Without limiting section 14 (Corrections policies and operating procedures), a corrections policy or operating procedure may include provision for any of the following:
(a)the nutritional standards to be met by food and drink for detainees;
(b)the provision of nutritional advice about food and drink provided to detainees;
(c)the appointment of a nutritionist.
(6)For chapter 10 (Discipline), a detainee’s entitlement in relation to food and drink includes anything expressed to be an entitlement in a corrections policy or operating procedure made for subsection (5).
Clothing
(1)The director‑general must ensure that—
(a)sufficient, suitable clothing is provided for detainees; and
(b)any particular clothing, including a uniform, issued to detainees is not likely to degrade or humiliate detainees.
(2)The director‑general must also ensure, as far as practicable, that clothing provided for detainees is clean and hygienic.
(3)For chapter 10 (Discipline), this section is taken to provide an entitlement for each detainee in relation to clothing.
Personal hygiene
(1)The director‑general must ensure that—
(a)toilet facilities and washing or showering facilities are available to detainees; and
(b)the facilities are clean, hygienic and private enough to ensure the dignity and self-respect of detainees.
(2)For chapter 10 (Discipline), this section is taken to provide an entitlement for each detainee in relation to personal hygiene.
Sleeping areas
(1)The director‑general must ensure that—
(a)detainees have sleeping places, with bed and bedding, suitable for reasonable privacy and comfort; and
(b)sleeping places, including beds and bedding, are clean and hygienic.
(2)For chapter 10 (Discipline), this section is taken to provide an entitlement for each detainee in relation to sleeping areas.
Treatment of convicted and non-convicted detainees
(1)Without limiting section 14 (Corrections policies and operating procedures), the director‑general must make a corrections policy or operating procedure providing for different treatment of convicted detainees and non-convicted detainees.
Example
a corrections policy or operating procedure, in accordance with the following rules of the United Nations Standard Minimum Rules for the Treatment of Prisoners, for non-convicted detainees to be able to—
· procure food at own expense (r 87)
· be offered work but not be obliged to work (r 89)
· procure reading and writing material at own expense (r 90)
· visit and be treated by own doctor at own expense (r 91)
(2)The director‑general must also ensure that convicted detainees are accommodated separately from non-convicted detainees.
(3)For chapter 10 (Discipline)—
(a)a detainee’s entitlement in relation to treatment in detention includes anything expressed to be an entitlement in a corrections policy or operating procedure made for subsection (1); and
(b)subsection (2) is taken to provide an entitlement for each detainee in relation to accommodation.
(4)Despite subsection (2), the director‑general may give directions for different accommodation of a non‑convicted detainee if the director‑general is satisfied that it is reasonably necessary to do so—
(a)to protect the safety of the detainee or anyone else; or
(b)in the best interests of the detainee.
(5)In this section:
convicted detainee means a detainee whose detention is because of the detainee’s conviction of an offence.
Access to open air and exercise
(1)The director‑general must ensure, as far as practicable, that detainees—
(a)have access to the open air for at least 1 hour each day; and
(b)can exercise for at least 1 hour each day.
(2)The standards under subsection (1) may both be satisfied during the same hour on any day.
(3)For chapter 10 (Discipline), this section is taken to provide an entitlement for each detainee in relation to access to the open air and exercise.
Communication with family and others
(1)The director‑general must ensure, as far as practicable, that adequate opportunities are provided for detainees to be able to remain in contact with family members, friends, associates and others by telephone calls, mail and visits.
(2)For subsection (1), the director‑general must have regard, in addition to any other relevant matter, to whether the detainee’s detention is for a reason other than the conviction of an offence.
(3)The director‑general must also ensure that the overall treatment of a detainee, including any segregation or disciplinary action, does not unreasonably deprive the detainee generally of all communication with other people.
(4)In particular, the director‑general must ensure that the overall treatment of a detainee does not deprive the detainee generally of all communication with any of the following:
(a)the courts;
(b)accredited people;
(c)a doctor of the detainee’s choice for health services;
(d)family members;
(e)other people with whom the detainee may communicate under this Act.
(5)For chapter 10 (Discipline), subsections (1) to (4) are taken to provide an entitlement for each detainee in relation to communication generally with other people.
(6)However, this section is subject to the following:
(a)section 47 (Telephone calls);
(b)section 48 (Mail);
(c)section 49 (Visits by family members etc);
(d)section 50 (Contact with accredited people).
Telephone calls
(1)The director‑general must ensure that each correctional centre has telephone facilities for detainees to make and receive telephone calls.
(2)A detainee may make at least—
(a)1 telephone call on admission to a correctional centre; and
(b)1 telephone call each week to a family member.
NoteFamily member is defined in the dictionary.
(3)A detainee may also make and receive further telephone calls for necessary contact with a family member, friend or someone else.
(4)A detainee who makes a telephone call mentioned in subsection (2) or (3) must pay for the call if the director‑general believes, on reasonable grounds, that is appropriate.
Example
if the detainee can afford to pay for the call
(5)For chapter 10 (Discipline), subsections (2) and (3) are taken to provide entitlements for each detainee in relation to telephone calls.
(6)However, the director‑general may give directions denying or limiting the use of a telephone by a detainee for a call mentioned in subsection (2) or (3) if the director‑general suspects, on reasonable grounds, that the call may—
(a)undermine security or good order at a correctional centre; or
(b)revictimise a victim; or
(c)circumvent any process for investigating complaints or reviewing decisions under this Act; or
(d)have the purpose of causing community distress.
Example—par (d)
Mr F was imprisoned for intentionally inflicting grievous bodily harm against his former wife. He had been convicted previously of family violence offences. He believes he has a right to assault his former wife and advocates the matter is private. Mr F believes that organisations that support victims of family violence are a social evil. He begins to use telephone calls to his brother to organise him into inciting violence against organisations advocating women’s rights. Following complaints from the organisations, the director‑general denies phone calls between Mr F and his brother.
(7)Also, subsections (2) and (3) are subject to—
(a)section 103 (Monitoring telephone calls etc); and
(b)any operating procedure mentioned in subsection (8).
(8)An operating procedure may include provision regulating the following in relation to detainees’ telephone calls:
(a)the times for making or receiving calls;
(b)the frequency and length of calls;
(c)arrangements for payment for the cost of calls made.
Mail
(1)The director‑general must ensure, as far as practicable, that detainees can send and receive as much mail as they wish.
(2)However, a detainee may send mail to, and receive mail from, a person only if the person is nominated by the detainee by written notice given to the director‑general.
(3)A detainee who sends mail must pay for the cost of any writing and other material, and postage, for the mail if the director‑general believes, on reasonable grounds, that is appropriate.
Example
if the detainee can afford to pay for the material and postage
(4)For chapter 10 (Discipline), subsection (2) is taken to provide an entitlement for each detainee in relation to mail.
(5)However, the director‑general may give directions denying or limiting the sending or receiving of an item of mail by a detainee if the director‑general suspects, on reasonable grounds, that it may—
(a)undermine security or good order at a correctional centre; or
(b)revictimise a victim; or
(c)circumvent any process for investigating complaints or reviewing decisions under this Act; or
(d)have the purpose of causing community distress.
Example—par (d)
AW was convicted of murdering her parents with a view to obtaining an inheritance. The W family are well known in the community and family members had actively campaigned for a higher sentence for AW. AW began writing inflammatory letters to her relatives and friends of her parents. Having received complaints about the letters from family members, the director‑general denies AW from sending further letters to family members who had complained about the letters.
(6)Also, subsections (1) and (2) are subject to—
(a)section 104 (Monitoring ordinary mail); and
(b)section 105 (Monitoring protected mail); and
(c)any operating procedure mentioned in subsection (7).
(7)An operating procedure may include provision regulating the following in relation to detainees’ mail:
(a)the way mail is sent or received;
(b)the provision of writing and other material for sending mail;
(c)arrangements for payment for the cost of the material and postage.
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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