Corrective Services Act 1988 (Qld)
Case
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Queensland CORRECTIVE SERVICES ACT 1988 Reprinted as in force on 25 August 2000 (includes amendments up to Act No. 16 of 2000) Warning—see last endnote for uncommenced amendments Reprint No. 4D This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This Act is reprinted as at 25 August 2000. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the ReprintsAct1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • provisions that have not commenced and are not incorporated in the reprint • editorial changes made in earlier reprints.
Queensland CORRECTIVE SERVICES ACT 1988 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 10 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PART 2—PRISONS, COMMUNITY CORRECTIONS CENTRES AND PRISONERS Division 1—Establishment of prisons and community corrections centres 11 Establishment of prisons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 12 Establishment of community corrections centres . . . . . . . . . . . . . . . . . . . . . 15 Division 2—Management of prisons and community corrections centres Subdivision 1—Responsibility for prisons, community corrections centres and prisoners 13 Functions of chief executive concerning prisons and community corrections centres . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 14 General manager responsible for prison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 15 Delegation by general manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 17 General manager’s rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 18 Certain persons to have powers of general manager . . . . . . . . . . . . . . . . . . . 18 19 Medical officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Subdivision 2—Volunteers and chaplains 20 Volunteers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 21 Chaplains . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 3—Official visitors 22 Appointment of official visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 23 Duties of official visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
2 Corrective Services Act 1988 24 Powers of official visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 25 Privacy of communication with official visitor . . . . . . . . . . . . . . . . . . . . . . . 22 26 Directions to official visitor re security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Division 4—Inspectors 27 Appointment of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 28 Remuneration, allowances and expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 29 Powers of inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 30 Privacy of communication with inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 31 Directions to inspector re security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 5—Prisoners Subdivision 1—Admission and accommodation of prisoners 32 Where persons to be detained in custody . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 33 Persons in custody of chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 34 Chief executive to obey writ etc. directed to keeper of gaol . . . . . . . . . . . . 26 35 Authority for admission to prison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 36 Prisoner to be informed of entitlements and duties . . . . . . . . . . . . . . . . . . . . 27 37 Accommodation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 38 Prisoner under 18 years of age . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 38A Different management arrangements for different classifications . . . . . . . . 27 39 Special treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 40 Child may be accommodated in a prison or community corrections centre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 41 Registration of birth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 42 Dangerously ill prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 43 Death of prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Subdivision 1A—Accommodation in maximum security facility 43A Management of prisoners under maximum security arrangements . . . . . . . 32 43B Consecutive maximum security orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 43C Other matters about maximum security orders . . . . . . . . . . . . . . . . . . . . . . . 33 43D Review of maximum security order by official visitor . . . . . . . . . . . . . . . . . 33 43E Examination by medical officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Subdivision 2—Control and management of prisoners 44 Control of prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
3 Corrective Services Act 1988 45 Certain persons to have powers of custodial correctional officer . . . . . . . . 35 46 Identification procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 47 Search of prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 48 Body searches and samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 49 Search may be completed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 50 Examinations and treatment by medical officer . . . . . . . . . . . . . . . . . . . . . . 39 51 Prisoner to submit to medical examination etc. . . . . . . . . . . . . . . . . . . . . . . 40 52 Private medical examination or treatment . . . . . . . . . . . . . . . . . . . . . . . . . . 41 53 Psychological assessment of prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Subdivision 3—Prison dogs 54 Prison dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 55 Prison dog handlers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 56 Prison dogs may accompany prison dog handler . . . . . . . . . . . . . . . . . . . . . . 42 57 Application of local government local laws etc. . . . . . . . . . . . . . . . . . . . . . . 42 58 Obstruction of prison dog constitutes obstruction of handler . . . . . . . . . . . . 43 Subdivision 4—Prison programs 59 Approved programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 60 Compensation to prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Subdivision 5—Absence, transfer and removal of prisoners 61 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 62 Duty of prisoner on leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 63 Amendment or revocation of instrument . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 64 When instrument not required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 65 Expenses of prisoner on leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 66 Prisoner employed outside prison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 67 Authorised payments from prisoner’s earnings . . . . . . . . . . . . . . . . . . . . . . . 50 68 Accounts of approved person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 69 Transfer of prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 70 Prisoner attending court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 71 Order for production of prisoner before court . . . . . . . . . . . . . . . . . . . . . . . . . 53 72 Removal of prisoner in interests of justice . . . . . . . . . . . . . . . . . . . . . . . . . . 53 73 Special correctional officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
4 Corrective Services Act 1988 74 Detention during transfer etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Subdivision 6—Custody of appellants in prison 75 Custody of appellants under Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 76 Custody of other appellants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 77 Treatment of prisoner serving sentence not affected . . . . . . . . . . . . . . . . . . 56 78 Chief executive to be notified of appeals by prisoners . . . . . . . . . . . . . . . . . 57 79 Custody and sentences of certain respondents . . . . . . . . . . . . . . . . . . . . . . . 57 Subdivision 7—Discharge 80 Discharge of prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 81 Early discharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 82 Discharge of certain prisoners by Governor in Council . . . . . . . . . . . . . . . . 58 83 Prisoner may remain in prison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 84 Assistance to prisoner on discharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 85 Prisoner discharged by error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Division 6—Home detention 86 Release of prisoner to home detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 87 Community correctional officer to be appointed to prisoner . . . . . . . . . . . . 63 88 Duties of prisoner on home detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 89 Expenses of prisoner on home detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 90 Employment of prisoner on home detention . . . . . . . . . . . . . . . . . . . . . . . . . 64 91 Authorised payments from prisoner’s earnings . . . . . . . . . . . . . . . . . . . . . . . 65 Division 7—Offences and breaches of discipline by prisoners Subdivision 1—Unlawful assembly, riot and mutiny 92 Unlawful assembly, riot and mutiny . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Subdivision 2—Prisoner offences 93 Prisoner offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 94 Apprehension of prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 95 Period while unlawfully at large not to count as part of term of imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 96 Separate confinement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Subdivision 3—Breaches of discipline 97 Breaches of discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 98 Minor breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
5 Corrective Services Act 1988 99 Review of minor breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 100 Reports relating to minor breaches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 101 Major breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 102 Review of major breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 103 Disciplinary breach register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Division 8—Control of persons other than prisoners Subdivision 1—Offences by persons other than prisoners 104 Offences by persons other than prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 105 Penalties and procedure for offences defined in s 104 . . . . . . . . . . . . . . . . . 78 106 Where corrective services officer commits offence . . . . . . . . . . . . . . . . . . . 79 107 Search and arrest of persons suspected of offences . . . . . . . . . . . . . . . . . . . 79 Subdivision 2—Powers of search and seizure 108 Search of visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 109 Searching of corrective services officers and employees etc. . . . . . . . . . . . 80 110 Disposal of seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Division 9—Emergency 111 Declaration of emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 112 Power of chief executive during emergency . . . . . . . . . . . . . . . . . . . . . . . . . 82 Division 10—Prisoner of a court 113 Meanings of terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 114 Person surrendering into custody of court . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 115 Duties and powers of proper officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 116 Proper officer may require assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 117 Proper officer may delegate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 118 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 119 Court cells . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 120 Proper officer may make rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 121 Power of court unaltered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Division 11—General 122 Cumulative sentences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 123 Application to Supreme Court for interpretation of warrant etc. . . . . . . . . . 87 124 Warrant etc. may be executed by custodial correctional officer . . . . . . . . . 88
6 Corrective Services Act 1988 125 Certificate re prisoner etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 126 Answers and information given under compulsion . . . . . . . . . . . . . . . . . . . . 88 127 Exemption from tolls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 128 Commissioner of the police service to provide police . . . . . . . . . . . . . . . . . 89 129 Offence provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 130 Regulations for purposes of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 PART 3—COMMUNITY CORRECTIONS BOARDS Division 1—Queensland Community Corrections Board 131 Constitution of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 132 Members of the Queensland Community Corrections Board . . . . . . . . . . . . 91 133 Appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 134 Tenure of office of appointed members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 135 Casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 136 Meetings of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 137 Procedure at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 138 Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 139 Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 140 Attendance at meetings of regional community corrections boards . . . . . . 96 141 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 142 Special reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Division 2—Regional community corrections boards 143 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 144 Members of regional community corrections board . . . . . . . . . . . . . . . . . . . 97 146 Appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 147 Tenure of office of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 148 Casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 149 Meetings of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 150 Procedure at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 151 Secretary to regional community corrections board . . . . . . . . . . . . . . . . . . . 101 152 Annual report etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Division 3—General 153 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
7 Corrective Services Act 1988 154 Conduct of affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 155 Invalidity of acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 156 Judicial notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 157 Authentication of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 158 Powers and duties generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 159 Board to have powers of commission of inquiry . . . . . . . . . . . . . . . . . . . . . . 104 160 Fees and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 161 Regulations for purposes of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 PART 4—PAROLE 163 Application for parole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 164 Residence of prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 165 Release on parole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 166 Eligibility for parole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 167 Regional community corrections board to consider application . . . . . . . . . 108 168 Review of regional community corrections board’s decision . . . . . . . . . . . . 108 169 Representations by or on behalf of prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . 109 170 Removal of prisoner appearing before regional community corrections board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 171 Custodial correctional officer may be directed to leave meeting of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 172 Competency of prisoner to apply for parole . . . . . . . . . . . . . . . . . . . . . . . . . . 112 173 Application to lapse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 174 Refusal of application for parole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 175 Requirements of parole order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 176 Assignment of community correctional officer . . . . . . . . . . . . . . . . . . . . . . . 115 177 Breach of parole order otherwise than by conviction . . . . . . . . . . . . . . . . . . 115 178 Procedure upon breach of parole order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 179 Power of Magistrates Court that convicts prisoner of an offence against s 177(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 180 Chief executive may suspend parole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 181 Chief executive may issue warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 183 Discharge of persons on parole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 184 Prisoners on parole deemed still under sentence . . . . . . . . . . . . . . . . . . . . . 118
8 Corrective Services Act 1988 185 Cancellation etc. of parole by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 186 Reduction of parole period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 187 Cancellation of parole by conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 188 Warrant for the return of prisoner to prison . . . . . . . . . . . . . . . . . . . . . . . . . . 120 189 Magistrate may issue warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 190 Effect of cancellation of parole on sentence . . . . . . . . . . . . . . . . . . . . . . . . . 121 191 Authority of board to release more than once on parole . . . . . . . . . . . . . . . . 122 192 Action by way of prerogative order does not lie . . . . . . . . . . . . . . . . . . . . . . 122 193 Community correctional officers subject to direction of board . . . . . . . . . . 122 194 Chief executive to cause reports to be prepared . . . . . . . . . . . . . . . . . . . . . . 123 195 Application of Justices Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 196 Regulations for purposes of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 PART 6—MISCELLANEOUS 197 Assignment of community correctional officer in respect of order . . . . . . . 124 198 Community service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 200 Appointment of voluntary community correctional officers . . . . . . . . . . . . . 124 201 Chief executive to cause reports to be prepared . . . . . . . . . . . . . . . . . . . . . . 124 202 Offender to report to community correctional officer where presentence report required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 203 Reports of community correctional officers . . . . . . . . . . . . . . . . . . . . . . . . . . 125 204 Commissioner of the police service to provide criminal histories . . . . . . . . 126 205 Royal prerogative of mercy etc. not affected . . . . . . . . . . . . . . . . . . . . . . . . 127 206 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 207 Evidentiary provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 208 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 129 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
9 Corrective Services Act 1988 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 8 Transitional and savings provisions . . . . . . . . . . . . . . . . . . . . . . . . . . 148 9 Provisions that have not commenced and are not incorporated into reprint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
s 1 11 s 10 Corrective Services Act 1988 CORRECTIVE SERVICES ACT 1988 [as amended by all amendments that commenced on or before 25 August 2000] An Act to provide for and in respect of corrective services, the release of prisoners on parole and for related purposes PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Corrective Services Act 1988 . ˙ Definitions 10. In this Act— “breach of discipline” means a breach of discipline prescribed by regulation. “chaplain” means a chaplain appointed under this Act to a prison or a community corrections centre. “child” means a person under the age or apparent age of 17 years.
s 10 12 s 10 Corrective Services Act 1988 “community correctional officer” see CorrectiveServices(Administration) Act 1988 , section 7(1). 1 “community corrections centre” means any premises or place declared as a community corrections centre under this Act. “community service” means any activity declared by the chief executive to be community service for the purposes of this Act. “community service order” means a community service order within the meaning of the Penalties and Sentences Act 1992 . “correctional officer” means a community correctional officer or a custodial correctional officer. “corrective services” means— (a) prisons and services related to prisons; (b) programs for prisoners who are detained in a prison; (c) services related to prisoners who are released on parole and persons subject to probation orders, community service orders or fine option orders; (d) community corrections centres and services related to community corrections centres; (e) programs for prisoners who are living or working outside of a prison and for persons subject to probation orders, community service orders or fine option orders; (f) services related to and programs for such persons or classes of persons as are from time to time prescribed by order in council. 1 Corrective Services (Administration) Act 1988 , section 7(1)— References to various officers 7.(1) In any Act, a reference to a community correctional officer is a reference to— (a) a person employed under the Public Service Act 1996 as a community correctional officer; or (b) a person taken to be a community correctional officer under section 23C(8); or (c) a person appointed under the CorrectiveServicesAct1988 , section 200 as a voluntary community correctional officer.
s 10 13 s 10 Corrective Services Act 1988 “corrective services employee” see Corrective Services (Administration)Act 1988 , section 7(5). “corrective services officer” see Corrective Services (Administration) Act1988 , section 7(4). “corrective services rules” means the rules as amended and in force for the time being made under the Corrective Services (Administration) Act1988 , section 20. “corrective services rules” see Corrective Services (Administration) Act1988 , section 20. “custodial correctional officer” see Corrective Services (Administration)Act 1988 , section 7(2). “discharged” , used in respect of a prisoner, means discharged from lawful custody pursuant to this Act or any lawful order other than a parole order. “fine option order” means a fine option order within the meaning of the Penalties and Sentences Act 1992 . “general manager” of a prison, see Corrective Services (Administration)Act 1988 , section 7(3). “inspector” means an inspector appointed under section 27. “leave of absence” means leave of absence granted to a prisoner under section 61. “maximum security facility” means a facility at a prison for the accommodation of prisoners that is designed and constructed so that— (a) all prisoners accommodated in the facility are totally separated from all other prisoners at the prison; and (b) some or all of the prisoners accommodated in the facility can, when necessary, be totally separated from the other prisoners in the facility. “maximum security order” see section 43A. “medical officer” means a medical officer appointed under this Act to a prison. “offence” includes—
s 10 14 s 10 Corrective Services Act 1988 (a) an indictable offence; (b) an offence punishable on summary conviction. “official visitor” means an official visitor appointed under this Act to a prison or a community corrections centre. “parole order” means an order made under part 4 directing that a prisoner be released on parole. “parole period” means the period during which a prisoner is released on parole under the supervision of a community correctional officer. “prison” means any premises or place declared or deemed to have been declared as a prison pursuant to this Act. “prisoner” , except where used in the context of a person released on parole, means a person in the custody of the chief executive. “probation order” means a probation order within the meaning of the Penalties and Sentences Act 1992 . “Queensland Community Corrections Board” means the Queensland Community Corrections Board constituted under part 3. “regional community corrections board” means a regional community corrections board established under part 3. “serious violent offence” see the PenaltiesandSentencesAct1992 , section 4. “supervisor” means a supervisor appointed under this Act. “term of imprisonment” means— (a) the term of a single sentence; or (b) the unbroken period of imprisonment a person is liable to serve by virtue of a number of sentences, whether ordered to be served concurrently or cumulatively and whether imposed at the same time or at different times; and for the purposes of this definition a person is deemed to be serving a term of imprisonment by virtue of a sentence where the person is undergoing imprisonment in default of payment of a fine or for failure to comply with any order of a court.
s 11 15 s 12 Corrective Services Act 1988 “watch-house manager” means a watch-house manager under the PolicePowers and Responsibilities Act 2000 . PART 2—PRISONS, COMMUNITY CORRECTIONS CENTRES AND PRISONERS Division 1—Establishment of prisons and community corrections centres ˙ Establishment of prisons 11.(1) The Governor in Council may by order in council— (a) declare any premises or place to be a prison; (b) declare any premises or place to be part of a prison, whether contiguous to the prison or not; (c) declare any premises or place to no longer be a prison or, as the case may be, part of a prison; (d) assign a name to any prison or alter the name of any prison; (e) define the limits of any prison in such manner as the Governor in Council thinks fit. (2) In subsection (1)— “any premises” includes part of any premises. ˙ Establishment of community corrections centres 12. The chief executive may (by notification published in the gazette) with the approval of the Minister— (a) declare any premises or place to be or to no longer be a community corrections centre; (b) assign a name to any community corrections centre or alter the name of any community corrections centre;
s 13 16 s 15 Corrective Services Act 1988 (c) define the limits of any community corrections centre in such manner as the chief executive thinks fit. Division 2—Management of prisons and community corrections centres Subdivision 1—Responsibility for prisons, community corrections centres and prisoners ˙ Functions of chief executive concerning prisons and community corrections centres 13.(1) Subject to this Act and to any direction of the Minister, the chief executive shall be responsible for the security and management of prisons and community corrections centres and the safe custody and welfare of prisoners. (2) The chief executive shall provide such medical services as are necessary for the welfare of prisoners. (3) The chief executive shall keep a register (the “prisoner register” ) that shall be in the prescribed form and shall contain such details in respect of each prisoner as are prescribed. ˙ General manager responsible for prison 14. The general manager of a prison shall, subject to the chief executive, be responsible for the security and management of the prison and the safe custody and welfare of prisoners detained in or who, for the time being, may be detained in the prison. ˙ Delegation by general manager 15.(1) Subject to any direction by the chief executive, the general manager of a prison may by instrument, either generally or otherwise as provided by the instrument, delegate to any corrective services officer all or any of the powers, authorities, functions and duties conferred or imposed on the general manager by or under this Act or any other Act except this power of delegation.
s 17 17 s 17 Corrective Services Act 1988 (2) The general manager of a prison may make as many delegations of the same power, authority, function or duty and to as many persons as the general manager thinks fit. (3) A delegation under subsection (1) may be to— (a) a specified person; (b) the person for the time being holding a specified office in which case each person who holds or discharges the duties of that office shall, while holding that office or discharging those duties, be the delegate. (4) A delegation may be made subject to such terms or limitations as the general manager thinks fit including a requirement that the delegate shall report to the general manager on the exercise or discharge of the delegated power, authority, function or duty. (5) A power, authority, function or duty delegated under subsection (1), if exercised or discharged by the delegate, shall be exercised or discharged in accordance with the instrument of delegation. (6) A delegation does not prevent or prejudice— (a) the exercise of a delegated power or authority or the discharge of a delegated function or duty by the general manager; or (b) the exercise by the general manager of supervision of the carrying out by the delegate of the terms of the delegation to the extent of countermanding the delegate’s exercise of a power or authority or discharge of a function or duty under the delegation. (7) Subject to any direction of the chief executive, a delegation is revocable at the will of the general manager. ˙ General manager’s rules 17.(1) The general manager of a prison may make rules (the “general manager’s rules” ), not inconsistent with this Act or the Corrective Services(Administration) Act 1988 (or regulations made under either Act) or the corrective services rules, in respect of the management and security of the prison and for the safe custody and welfare of prisoners detained in or who, for the time being, may be detained in the prison.
s 18 18 s 19 Corrective Services Act 1988 (2) The general manager shall cause the general manager’s rules to be brought to the notice of persons to whom they apply. (3) Rules made under this section may differ according to the persons or classes of persons to whom they are expressed to apply. ˙ Certain persons to have powers of general manager 18.(1) The chief executive and any person authorised by the chief executive in that behalf shall have all the powers conferred by or under this Act upon a general manager. (2) A person who pursuant to subsection (1) has the powers of a general manager may, in respect of any order, decision or rule made by a general manager— (a) rescind or vary it; or (b) make any new order, decision or rule that the general manager could have made; and the order, decision or rule shall be deemed to have been rescinded or varied by, and any new order, decision or rule shall be deemed to have been made by, the general manager. (3) A person who pursuant to subsection (1) has the powers of a general manager shall not rescind or vary an order made pursuant to section 109(1) by the general manager of a prison that the person submit to being searched. ˙ Medical officer 19.(1) The chief executive shall from time to time appoint at least 1 medical officer in respect of each prison. (2) A person shall not be appointed as a medical officer unless the person is a legally qualified medical practitioner. (3) A medical officer shall have the functions and powers prescribed by or under this Act or the Corrective Services (Administration) Act 1988 . (4) A medical officer who is not employed within the public service of the State shall be entitled to such remuneration and allowances as are approved by the chief executive.
s 20 19 s 20 Corrective Services Act 1988 (5) A medical officer shall be entitled to such expenses as are approved by the chief executive. Subdivision 2—Volunteers and chaplains ˙ Volunteers 20.(1) The chief executive may by instrument authorise a person (a “volunteer” ) to perform unpaid work for the welfare of prisoners. (2) A volunteer shall comply with any condition specified in the instrument and with any direction given by a corrective services officer. (3) A volunteer shall receive such training and supervision as the chief executive thinks fit. (4) The chief executive may pay a volunteer such expenses, from moneys appropriated for the purposes of this Act, as the chief executive thinks fit. (5) If a person receives any personal injury while performing or as a result of performing, as a volunteer, work that the person is authorised to perform, the person may make written application to the chief executive for compensation. (5A) For the purpose of subsection (5), a person is deemed to be performing work— (a) while the person is attending a place for the purpose of performing work; or (b) while the person is travelling to a place for the purpose of performing work; or (c) while the person is travelling from a place at which the person has attended for the purpose of performing work. (6) Upon receiving an application, the chief executive shall arrange for the applicant to be examined by a medical practitioner nominated by the chief executive. (7) An applicant who fails to submit to any reasonable examination or test to be carried out by or on the recommendation of the medical practitioner shall not be eligible for compensation.
s 21 20 s 22 Corrective Services Act 1988 (8) After the chief executive has received the report of the medical practitioner the chief executive shall make his or her recommendations to the minister in respect of compensation. (9) The Governor in Council may, from moneys appropriated for the purposes of this Act, award compensation of such amount as the Governor in Council thinks fit to an applicant. ˙ Chaplains 21.(1) The chief executive may appoint any person, nominated by a religious body or denomination as its representative, to be a chaplain to a prison or community corrections centre. (2) A chaplain shall, in respect of the prison or community corrections centre to which the chaplain is appointed, have such rights and duties as are prescribed by this Act or the corrective services rules. (3) A chaplain to a prison or community corrections centre shall comply with any direction given by a correctional officer for the management, security or good order of the prison or community corrections centre. Division 3—Official visitors ˙ Appointment of official visitors 22.(1) The chief executive shall, in respect of each prison and each community corrections centre, appoint at least 2 official visitors, 1 of whom shall be a barrister or a solicitor. (2) An officer of the public service shall not be eligible for appointment as an official visitor. (3) A person appointed as an official visitor shall hold office for a period of 3 years unless sooner dismissed from office by the chief executive. (4) A person who has held office as an official visitor shall be eligible for further appointment to that office. (5) An official visitor shall be entitled to such remuneration, allowances and expenses as are approved by the chief executive.
s 23 21 s 24 Corrective Services Act 1988 ˙ Duties of official visitor 23.(1) A prison or community corrections centre shall be visited at least twice a month by an official visitor, which visits may be made by the same official visitor or by different official visitors appointed to that prison or community corrections centre. (2) Subject to subsection (3), an official visitor shall hear and investigate— (a) any complaint made by a prisoner; and (b) any complaint made by a person who is subject to a parole order, a probation order, a community service order or a fine option order. (3) An official visitor shall not investigate a complaint— (a) that the official visitor believes to be frivolous or vexatious; or (b) if the investigation can be more conveniently conducted by another official visitor who agrees to conduct it; or (c) if the matter of complaint is not related to— (i) any function of the chief executive under this Act or the Corrective Services (Administration) Act 1988 ; or (ii) any function of the chief executive under another Act conferring functions on the chief executive in the context of corrective services. (4) An official visitor shall provide the chief executive with a report of any investigations conducted by the official visitor. (5) An official visitor shall perform such other duties as are prescribed or the official visitor is directed by the chief executive to perform. ˙ Powers of official visitor 24. An official visitor— (a) shall at any time have access to the prison or community corrections centre to which the official visitor is appointed; (b) may at any time require a prisoner or a corrective services officer or employee to provide any information and answer any question
s 25 22 s 25 Corrective Services Act 1988 relevant to any investigation being conducted by the official visitor; (c) shall have access to and may examine any document or stored information kept under or for the purposes of this Act or the Corrective Services (Administration) Act 1988 and require that the official visitor be provided with a copy of any document or with any part of any stored information in a manner specified by the official visitor; (d) shall have such other powers as are prescribed by regulation. ˙ Privacy of communication with official visitor 25.(1) An official visitor shall conduct any interview— (a) with a prisoner (whether or not the prisoner is the complainant); or (b) with any person who is subject to a parole order, a probation order, a community service order or a fine option order; out of the hearing of any corrective services officer or employee. (2) A corrective services officer or employee shall not open or read any correspondence from a person referred to in subsection (1)(a) or (b) to an official visitor or from an official visitor to such a person without the written consent of that person. (3) If the general manager of a prison suspects that an envelope or a package alleged by a prisoner to contain correspondence from the prisoner to an official visitor contains any other material, the general manager may require the prisoner to open the envelope or package. (4) A document contained in an envelope or package required pursuant to subsection (3) to be opened— (a) shall not, without the written consent of the prisoner, be read by a corrective services officer or employee; and (b) shall, as soon as is practicable, be delivered to an official visitor.
s 26 23 s 28 Corrective Services Act 1988 ˙ Directions to official visitor re security 26.(1) The chief executive may give to an official visitor such directions as the chief executive considers necessary for the security of any prison, community corrections centre or prisoner. (2) The general manager of a prison may give to an official visitor who is visiting the prison such directions as the general manager considers necessary for the security of the prison. Division 4—Inspectors ˙ Appointment of inspectors 27.(1) The chief executive may by instrument appoint any person, whether or not the person is employed in the public service of the State, as an inspector for the purpose of advising upon or inquiring into any matter relating to corrective services. (2) The instrument of appointment of an inspector shall specify— (a) the term of appointment; (b) the purpose for which the person is appointed; (c) any powers conferred upon the inspector; (d) such other matters as are determined by the chief executive. (3) An inspector shall give the chief executive the inspector’s advice in writing or, as the case may be, a written report containing the results of the inspector’s inquiry. ˙ Remuneration, allowances and expenses 28.(1) An inspector, who is not an officer of the public service, shall be entitled to such remuneration and allowances as are approved by the chief executive. (2) An inspector shall be entitled to such expenses as are approved by the chief executive.
s 29 24 s 31 Corrective Services Act 1988 ˙ Powers of inspector 29.(1) An inspector— (a) shall at any time have access to any prison or community corrections centre; (b) may at any time require a prisoner or a corrective services officer or employee to provide any information or answer any question relevant to any inquiry being conducted by the inspector; (c) shall have access to and may examine any document or stored information kept under or for the purposes of this Act or the Corrective Services (Administration) Act 1988 and require that the inspector be provided with a copy of any document or with any part of any stored information in a manner specified by the inspector; (d) shall have such of the powers of a corrective services officer or employee, including a community correctional officer, custodial correctional officer and general manager of a prison as are conferred upon the inspector by the chief executive. (2) The Governor in Council may by order in council declare that an inspector shall have such of the powers, authorities, rights, privileges, protection and jurisdiction of a commission of inquiry under the Commissions of Inquiry Act 1950 as are specified in the order in council. ˙ Privacy of communication with inspector 30. An inspector may, as the inspector thinks fit, conduct any interview with a prisoner or a person who is subject to a parole order, a probation order, a community service order or a fine option order out of the hearing of any corrective services officer or employee. ˙ Directions to inspector re security 31.(1) The chief executive may give to an inspector such directions as the chief executive considers necessary for the security of any prison, community corrections centre or prisoner.
s 32 25 s 33 Corrective Services Act 1988 (2) The general manager of a prison may give to an inspector who is visiting the prison such directions as the general manager considers necessary for the security of the prison. Division 5—Prisoners Subdivision 1—Admission and accommodation of prisoners ˙ Where persons to be detained in custody 32.(1) Subject to this Act, the Criminal Code, the Juvenile Justice Act1992 and the MentalHealthAct1974 , a person sentenced to a term of imprisonment or required by law to be detained in custody for a period shall be detained for the term or period in a prison. (2) Where the term of imprisonment or period of detention does not exceed 31 days, the person may be detained for that term or period in a watch-house. (3) A person whose term of imprisonment or period of detention exceeds 31 days may be detained in a watch-house until the person can be conveniently conveyed to a prison. (4) A person, upon being admitted to a watch-house pursuant to subsection (2) or (3), is deemed to be in the custody of the commissioner of the police service notwithstanding the provisions of any warrant or other authority committing the person into the custody of another person. (5) A person who, pursuant to subsection (4), is deemed to be in the custody of the commissioner of the police service remains in that custody until discharged (except for any period for which the person is by law thereafter in the custody of another person) notwithstanding that the person is at any time lawfully outside of a watch-house. ˙ Persons in custody of chief executive 33.(1) A person, upon being admitted to a prison for detention there, is deemed to be in the custody of the chief executive notwithstanding the provisions of any warrant or other authority committing the person into the
s 34 26 s 35 Corrective Services Act 1988 custody of another person. (2) A person who, pursuant to subsection (1), is deemed to be in the custody of the chief executive remains in that custody until discharged (except for any period for which the person is by law thereafter in the custody of another person) notwithstanding that the person is at any time not being detained in prison by reason of being transferred, attending legal proceedings or serving a period of home detention or for any other reason authorised by this Act. (3) Notwithstanding the provisions of any warrant or other authority committing a person to a specified prison or to a watch-house, the person may be taken to and detained in a prison specified by the chief executive. (4) Where a person sentenced to a term of imprisonment or required by law to be detained in custody for a period is, while being taken to a prison for detention there, under the control of a correctional officer, the person is deemed to be in the custody of the chief executive notwithstanding the provisions of any warrant or other authority committing the person into the custody of a specified person or a specified class of person. ˙ Chief executive to obey writ etc. directed to keeper of gaol 34. Where any warrant or other authority for the commitment of a person to prison or for the production of a prisoner is properly directed to the keeper or officer in charge of the prison, the warrant or other authority shall be deemed to be directed to and shall, subject to this subdivision, be obeyed by the chief executive. ˙ Authority for admission to prison 35.(1) A person shall not be admitted to and detained in a prison unless the corrective services officer in charge of the reception of prisoners at the prison is given— (a) a warrant or other written authority for the detention of the person in custody; or (b) a list or calendar made out pursuant to the CriminalPracticeRules 1900 , order 8 rule 3 containing the name of the person and particulars of the judgment pronounced upon the person; or
s 36 27 s 38A Corrective Services Act 1988 (c) a document, in a form prescribed under the corrective services rules, containing the relevant details of an existing document referred to in paragraph (a) or (b). (2) The taking of a person to or the detention of a person in a prison shall not be unlawful by reason of the fact that the person was committed to some other place. ˙ Prisoner to be informed of entitlements and duties 36.(1) Upon being admitted to prison, a prisoner shall be informed of the prisoner’s entitlements and duties pursuant to this Act or the corrective services rules. (2) The general manager of a prison shall, upon request, make available to a prisoner a copy of this Act and, with the approval of the chief executive, a copy of any other Act. (3) The general manager of a prison shall take such steps as are reasonable to make known to every prisoner who is illiterate or who does not understand English such of the provisions of this Act, the corrective services rules and the general manager’s rules as are relevant to the entitlements or duties of prisoners. ˙ Accommodation 37. As far as is practicable there shall be provided in every prison separate accommodation for each prisoner to a standard approved by the chief executive. ˙ Prisoner under 18 years of age 38. Subject to any direction given by the chief executive in a particular case, a prisoner who is under the age of 18 years shall at all times be kept apart from any prisoner who is of or above the age of 18 years. ˙ Different management arrangements for different classifications 38A.(1) In fulfilling the chief executive’s responsibility under section 13 in relation to prisons, and prisoners in prison, the chief executive may apply
s 39 28 s 39 Corrective Services Act 1988 different arrangements for the management of prisoners of different classes as classified under a regulation. (2) However, arrangements under subsection (1) that provide for the segregation or partial segregation of prisoners of 1 class from prisoners of another class have effect subject to the requirements of— (a) generally—any regulation under section 130(c); and (b) for a prisoner who is the subject of special treatment under section 39—section 39 and the instrument ordering the special treatment; and (c) for a prisoner who is the subject of a maximum security order under subdivision 1A—subdivision 1A and the order; and (d) for a prisoner who is the subject of an order for separate confinement under division 7—separate confinement under division 7. ˙ Special treatment 39.(1) In this section— “special treatment” means the segregation or partial segregation of a prisoner from other prisoners under conditions prescribed under the corrective services rules. (2) The general manager of a prison may by instrument order that a prisoner receive special treatment— (a) for the security or good order of the prison; or (b) for the safety of the prisoner. (3) An instrument whereby a prisoner is ordered to receive special treatment shall specify such of the conditions referred to in subsection (1) as the general manager determines shall apply to the prisoner’s treatment. (4) A prisoner shall not, in respect of any period for which the prisoner receives special treatment, forfeit any privileges other than those privileges that the prisoner can not practicably receive while receiving special treatment.
s 39 29 s 39 Corrective Services Act 1988 (5) A general manager shall not order a prisoner to receive a period of special treatment exceeding 7 days without the approval of the chief executive. (6) A prisoner ordered to receive a period of special treatment exceeding 3 days may require the general manager to refer the order to an official visitor for review and the general manager and the official visitor shall comply with the requirement as soon as is practicable. (7) Where a prisoner is ordered to receive a period of special treatment exceeding 1 month, the official visitor shall review the order as near as is practicable to the expiration of the first month and thereafter at intervals not exceeding 1 month in any case, until the period expires. (8) An official visitor may, for the purposes of the official visitor’s review of an order, exercise any of the powers referred to in section 24 and shall after completing the review— (a) recommend to the chief executive that the order be confirmed, varied or set aside; and (b) where the official visitor recommends that the order be varied by reducing the period of special treatment or that the order be set aside—make such recommendation as the official visitor thinks fit concerning any privileges forfeited by the prisoner while receiving special treatment. (9) The chief executive, upon receiving the recommendation of the official visitor, may affirm or vary the order of the general manager or may rescind the general manager’s order and substitute the chief executive’s own decision for it. (10) A medical officer shall examine a prisoner— (a) as soon as is practicable after the prisoner commences a period of special treatment; and (b) if the period allows—within 7 days after the first examination and thereafter at intervals not exceeding 7 days in any case, until the period expires; and (c) as soon as is practicable after the period of special treatment expires.
s 40 30 s 42 Corrective Services Act 1988 ˙ Child may be accommodated in a prison or community corrections centre 40. The chief executive may authorise the accommodation in a prison or a community corrections centre of the child of a prisoner subject to such conditions as the chief executive thinks fit. ˙ Registration of birth 41.(1) In this section— “document” means a certificate or other document made or issued pursuant to the Registration of Births, Deaths and Marriages Act 1962 in respect of the birth of a child or an alteration or addition to the name of a child. (2) Where a document is made or issued in respect of a child whose mother or father is, or was when the child was born, detained in a prison or otherwise detained in custody— (a) the document shall not state that fact or contain any information from which that fact can reasonably be inferred; and (b) an address that is required by the Registration of Births, Deathsand Marriages Act 1962 to be shown in the document and that, if shown, would contravene paragraph (a) shall be shown as the city or town in which or nearest to which the address is situated. ˙ Dangerously ill prisoner 42. If a prisoner appears to the medical officer or to the general manager of the prison to be dangerously ill or seriously injured, the general manager shall notify— (a) the prisoner’s next of kin; or (b) a person nominated by the prisoner, where the prisoner has no next of kin or does not wish his or her next of kin to be notified; and the prisoner’s chaplain.
s 43 31 s 43 Corrective Services Act 1988 ˙ Death of prisoner 43.(1) If a prisoner dies, the chief executive shall, as soon as is practicable, notify— (a) a medical officer appointed to the prison in which the prisoner died or was last detained; and (b) the police officer in charge of the police station nearest to the place where the prisoner died; and (c) a coroner; and (d) the prisoner’s next of kin or any other person the prisoner wished to be notified in the event of the prisoner’s death; and (e) the prisoner’s chaplain. (2) If a coroner’s order for the burial or a coroner’s certificate for the cremation of the body of a prisoner is produced to the general manager of the prison, together with a written application for the release of the body, the general manager may authorise the release of the body to a relative or friend of the prisoner or to any association of persons publicly recognised as having for an object the welfare of prisoners or former prisoners. (3) If the body of a prisoner is not claimed pursuant to subsection (2) within 3 days after the prisoner’s death and there has been produced to the general manager a coroner’s order for the burial or a coroner’s certificate for the cremation of the body, the general manager shall notify the chief executive of the department responsible for the administration of the BurialsAssistanceAct1965 who must arrange for the disposal of the body as provided under that Act. (4) A person who causes the body of a prisoner to be buried or cremated shall give such details to the chief executive in respect of the burial or cremation as the chief executive may require and the chief executive shall maintain records of those details in a form the chief executive considers suitable.
s 43A 32 Corrective Services Act 1988 s 43B Subdivision 1A—Accommodation in maximum security facility ˙ Management of prisoners under maximum security arrangements 43A.(1) The chief executive may make an order (a “maximum security order” ) that a prisoner at a prison be accommodated in a maximum security facility, whether at the prison or at another prison. (2) The maximum security order may be made only if— (a) the prisoner has been classified, under a regulation, into the security rating of maximum security, and the rating is still current; and (b) the chief executive considers, on reasonable grounds, that 1 or more of the following apply— (i) there is a high risk the prisoner will escape, or attempt to escape, from prison; (ii) there is a high risk the prisoner will inflict death or serious injury on other prisoners, prison staff or other persons with whom the prisoner may come into contact; (iii) generally, the prisoner is a substantial threat to prison security and good order. (3) The term of the maximum security order must not be longer than 6 months. ˙ Consecutive maximum security orders 43B.(1) The chief executive may make a new maximum security order for a prisoner to take effect on the expiry of an existing maximum security order for the prisoner if the new order is made no earlier than 14 days before the expiry. (2) However, the chief executive must not make the new order unless— (a) not more than 28 days before the existing order expires, the chief executive gives written notice to the prisoner advising the prisoner that—
s 43C 33 Corrective Services Act 1988 s 43D (i) the chief executive is about to consider whether a new order should be made; and (ii) the prisoner may, within 14 days after receiving the written notice, make submissions to the chief executive about anything relevant to the decision about making the new order; and (b) the chief executive considers any submission the prisoner makes to the chief executive under paragraph (a)(ii). ˙ Other matters about maximum security orders 43C.(1) A maximum security order for a prisoner must include, to the extent it is practicable, directions about the extent to which— (a) the prisoner is to be segregated from other prisoners accommodated in the maximum security facility; and (b) visits to the prisoner may involve direct contact between prisoner and visitor; and (c) the prisoner is to receive privileges. (2) The privileges the prisoner may receive while under the maximum security order must be limited to privileges— (a) that can be enjoyed within the maximum security facility; and (b) the enjoyment of which, in the circumstances of the order, may reasonably be expected not to jeopardise prison security and good order. (3) A maximum security order may include directions about the prisoner’s access, within the maximum security facility, to programs and services, including training and counselling. ˙ Review of maximum security order by official visitor 43D.(1) A prisoner accommodated in a maximum security facility under a maximum security order may ask the general manager of the prison to refer the maximum security order to an official visitor for review.
s 43E 34 Corrective Services Act 1988 s 43E (2) The general manager must refer the maximum security order to an official visitor, and the official visitor to whom the maximum security order is referred must review the order, as soon as practicable. (3) If the term of the maximum security order is 3 months or less, the prisoner may not ask for the order to be referred more than once. (4) If the term of the maximum security order is more than 3 months, the prisoner may not ask for the order to be referred more than twice. (5) Despite subsections (3) and (4), the prisoner may also ask for the maximum security order to be referred to an official visitor if the chief executive amends the order, other than under subsection (8). (6) For conducting the review, the official visitor may exercise the powers mentioned in section 24. 2 (7) After the official visitor completes the review, the official visitor must recommend to the chief executive whether the order should be confirmed, amended or repealed. (8) The chief executive, on receiving the official visitor’s recommendation, must— (a) consider the recommendation; and (b) confirm, amend or repeal the maximum security order. (9) To remove doubt, it is declared that the chief executive is not bound by the official visitor’s recommendation. ˙ Examination by medical officer 43E.(1) A medical officer must examine a prisoner accommodated in a maximum security facility under a maximum security order— (a) as soon as practicable after the order takes effect; and (b) after the first examination, at intervals that are, to the greatest practicable extent, of not more than 28 days; and (c) as soon as practicable after the prisoner is removed from the maximum security facility under the order. 2 Section 24 (Powers of official visitor)
s 44 35 s 45 Corrective Services Act 1988 (2) For subsection (1), 2 or more maximum security orders running consecutively are taken to be 1 order. Subdivision 2—Control and management of prisoners ˙ Control of prisoners 44.(1) A correctional officer may give to a prisoner any order that the correctional officer believes on reasonable grounds to be necessary for the security or good order of a prison or a community corrections centre, for the welfare or safe custody of the prisoner or other prisoners or to ensure that the prisoner or any other prisoner does not commit an offence against this Act or any other Act or a breach of discipline. (2) A correctional officer may require a prisoner to provide any information or answer any question relevant to any duty being performed by the correctional officer. (3) A correctional officer may use such force as is reasonable to compel a prisoner to obey an order given under subsection (1) by the correctional officer or by another correctional officer or to restrain a prisoner who is attempting or preparing to commit or is committing an offence against this Act or any other Act or a breach of discipline. ˙ Certain persons to have powers of custodial correctional officer 45.(1) The chief executive and a general manager shall have all the powers conferred by or under this Act upon a custodial correctional officer. (2) The chief executive may by instrument authorise any person to exercise such of the powers conferred by or under this Act upon a custodial correctional officer as are specified in the instrument. (3) Any power exercised pursuant to subsection (1) or pursuant to an instrument made under subsection (2) shall for the purposes of this Act and any other Act be deemed to have been exercised by a custodial correctional officer.
s 46 36 s 47 Corrective Services Act 1988 ˙ Identification procedures 46.(1) A corrective services officer may, for the purposes of identifying a prisoner and compiling records under or for the purposes of this Act, photograph the prisoner and take the prisoner’s fingerprints, palm prints, footprints, toe prints, eye prints and voiceprints or any of them. (2) Where a person is found not guilty of an offence (other than upon the grounds of unsoundness of mind) or proceedings for an offence are discontinued or dismissed (other than as a result of unsoundness of mind or mental illness), any photographs or prints taken pursuant to subsection (1) while the prisoner was detained for that offence shall be destroyed by the chief executive unless for any part of the period of detention for that offence the prisoner was also being detained in respect of another offence of which the prisoner has been convicted or in respect of which proceedings have not been discontinued or dismissed. ˙ Search of prisoners 47.(1) In this section, power to search a prisoner includes power to search anything in the possession of the prisoner. (2) The corrective services rules may prescribe the circumstances in which correctional officers must search prisoners. (3) The general manager of a prison may order a custodial correctional officer to search a prisoner for any purpose. (4) A correctional officer may, of the officer’s own motion, search a prisoner if reasonable grounds exist for so doing. (5) A correctional officer may, for the purpose of a search, order a prisoner to undress (completely or partially) but shall not touch the prisoner except for the purpose of enforcing compliance with the order or searching the prisoner’s head hair. (6) Where a correctional officer, pursuant to subsection (5), orders a prisoner to undress, the officer shall immediately report to the chief executive in writing the circumstances associated with the officer’s giving the order and the chief executive shall make and keep such record of that fact as is prescribed.
s 48 37 s 48 Corrective Services Act 1988 (7) A prisoner shall not be ordered to undress in the presence or view of and shall not be searched by a person of the opposite sex unless that person is a medical officer or is acting in aid of and at the direction of a medical officer. (8) A prisoner shall submit to any search authorised by this section to be carried out. (9) A correctional officer may take possession of anything found by the officer during a search and shall, as soon as is practicable, deliver that thing to an officer authorised by the chief executive for the purposes of this subsection who may— (a) if the officer believes the prisoner from whom it was taken or another prisoner to be entitled to possession of the thing—return it to the prisoner or retain it until the prisoner is discharged or released on parole; or (b) if the officer believes any other person to be entitled to possession of the thing—return it to that person; or (c) retain the thing as evidence of the commission of an offence or a breach of discipline; or (d) make such other order in respect of the thing (including an order for the disposal or destruction of the thing) as the officer thinks fit. (10) A determination made under subsection (9) for the disposal of property shall not affect the right of any person to recover the property, by action commenced within 6 months after the determination is made, from the person to whom it was delivered pursuant to the determination. ˙ Body searches and samples 48.(1) The general manager of a prison may authorise a medical officer, a registered nurse who is a corrective services officer or a legally qualified medical practitioner to search the person of a prisoner including the orifices of the prisoner’s body if the general manager believes on reasonable grounds— (a) that the prisoner is in possession of anything that may threaten the security or good order of the prison or that may endanger or be
s 48 38 s 48 Corrective Services Act 1988 used to endanger the prisoner or any other person; or (b) that the search may afford evidence of the commission of an offence by the prisoner during the prisoner’s term of imprisonment or period of detention or the commission of a breach of discipline by the prisoner. (2) The general manager of a prison may authorise a medical officer, a registered nurse who is an officer of the commission or a legally qualified medical practitioner to collect from the person of a prisoner, including the orifices of the prisoner’s body, any substance or thing if— (a) collecting the substance or thing would be unlikely to cause bodily harm to the prisoner if the prisoner cooperates therewith; and (b) the general manager believes that the substance or thing may afford evidence such as is referred to in subsection (1)(b). (3) The general manager may take possession of anything found during a search and shall deal with it in the manner provided in section 47(9)(a), (b), (c) or (d) and section 47(10) shall apply to any determination for the disposal of the thing. (4) The general manager of a prison— (a) may order a prisoner to provide a sample of the prisoner’s breath or the prisoner’s urine; (b) may authorise a medical officer, a registered nurse who is an officer of the commission or a legally qualified medical practitioner to take samples of a prisoner’s blood, saliva or hair; if the general manager believes on reasonable grounds that the sample may afford evidence of the commission of an offence by the prisoner during the prisoner’s term of imprisonment or period of detention or the commission of a breach of discipline by the prisoner. (5) The general manager or the medical officer, nurse or medical practitioner may give directions to the prisoner concerning the manner in which the prisoner is required to provide any sample referred to in subsection (4). (6) A prisoner shall submit to any search carried out or other act done pursuant to this section and shall comply with any order made or direction given pursuant to this section.
s 49 39 s 50 Corrective Services Act 1988 (7) A medical officer, nurse or medical practitioner authorised pursuant to this section to carry out a search or do any other act in respect of a prisoner, and any person acting in good faith in aid of and at the direction of the medical officer, nurse or medical practitioner may use such force as is reasonable for that purpose. (8) The results of any test conducted with respect to any sample or thing taken or collected pursuant to this section from a prisoner shall be furnished to the prisoner as soon as is practicable after those results are available to the general manager or the chief executive. ˙ Search may be completed 49. If a search of a prisoner, authorised by or under section 47 or 48 to be carried out, has been commenced when the prisoner becomes entitled to be discharged or released on parole— (a) the search may be completed; and (b) if the search is authorised under section 48—the prisoner may be required to submit to any other act or to comply with any order or direction authorised by or under that section to be done or given; as if the prisoner were not entitled to be discharged or released on parole. ˙ Examinations and treatment by medical officer 50.(1) In respect of the prison to which he or she is appointed a medical officer— (a) shall medically examine a prisoner as soon as is practicable after the prisoner’s admission to prison; (b) shall medically examine and treat any prisoner who in the opinion of the medical officer requires medical attention; (c) shall medically examine a prisoner if required to do so by the chief executive or the general manager. (2) For the purpose of any examination or treatment the medical officer may— (a) carry out any medical test;
s 51 40 s 51 Corrective Services Act 1988 (b) take samples of a prisoner’s blood and any other bodily substance; (c) order a prisoner to provide a sample of the prisoner’s urine and any other bodily substance and give the prisoner directions concerning the manner in which the sample is to be provided; (d) perform any psychiatric or psychological examination or test or give any psychiatric or psychological treatment. (3) Subsections (1) and (2) shall not be construed as requiring or authorising a medical officer to carry out any examination or give any treatment that the medical officer is not qualified to carry out or give. (4) A medical officer may authorise a person to carry out any examination of or give any treatment to a prisoner if— (a) the medical officer is required or authorised under this section to carry out the examination or give the treatment or would, if qualified to carry out an examination or give treatment of the kind in question, be so required or authorised; and (b) the person is qualified to carry out the examination or give the treatment. (5) In respect of the prison to which he or she is appointed a medical officer shall— (a) maintain a record of all examinations carried out and all treatment given by the medical officer or at the medical officer’s direction; (b) report and make recommendations to the chief executive or, as the case may be, the general manager concerning the medical condition of a prisoner when required by the chief executive or the general manager to do so; (c) perform such other duties as the medical officer is required by the chief executive or the general manager to perform. ˙ Prisoner to submit to medical examination etc. 51.(1) A prisoner shall— (a) submit to any examination or other act required or authorised by or under section 50 to be carried out; and
s 52 41 s 53 Corrective Services Act 1988 (b) submit to any treatment authorised by or under section 50 to be given; and (c) comply with an order made or direction given under section 50(2)(c). (2) If a prisoner— (a) refuses or fails to submit to an examination authorised by or under section 50 to be carried out or to the doing of any other act, so authorised, for the purpose of the examination; or (b) refuses or fails to submit to any treatment or to any other act authorised by or under section 50 to be given or done and the medical officer believes the health of the prisoner or of other prisoners is likely to be endangered by the refusal or failure; the medical officer, and any person acting in good faith in aid of and at the direction of the medical officer, may use such force as is reasonable to compel the prisoner to submit. ˙ Private medical examination or treatment 52.(1) A prisoner may, in a form approved by the chief executive or to that effect, apply to the chief executive for approval to be examined or treated by a medical practitioner or psychologist nominated by the prisoner. (2) The chief executive shall grant an application if satisfied— (a) the application is not frivolous or vexatious; and (b) the prisoner is able to meet the costs of the examination or treatment; and (c) the medical practitioner or psychologist nominated by the prisoner is willing and available to carry out the examination or give the treatment and is qualified to do so. (3) The prisoner shall meet the costs of any examination or treatment approved by the chief executive under this section. ˙ Psychological assessment of prisoner 53.(1) A prisoner shall submit to psychological assessment ordered by
s 54 42 s 57 Corrective Services Act 1988 the chief executive to be performed for the purposes of— (a) classifying the prisoner for any purpose prescribed by regulation; or (b) determining whether to transfer the prisoner to another place; or (c) determining the suitability of the prisoner to participate in an approved compulsory program within the meaning of section 59. (2) The psychological assessment of a prisoner shall be performed by a psychologist within the meaning of the Psychologists Act 1977 . Subdivision 3—Prison dogs ˙ Prison dogs 54. The chief executive may by instrument certify a dog as a prison dog for the purposes of this Act. ˙ Prison dog handlers 55. The chief executive may by instrument certify a custodial correctional officer as a prison dog handler for the purposes of this Act. ˙ Prison dogs may accompany prison dog handler 56. Notwithstanding any other Act or law— (a) a prison dog under the control of a prison dog handler may enter and be on any place that the prison dog handler may as a custodial correctional officer lawfully enter or be on; (b) the State and a prison dog handler in charge of a prison dog shall not incur any liability by reason only that the prison dog entered or was on any place in accordance with paragraph (a). ˙ Application of local government local laws etc. 57.(1) The provisions of any local law made by a local government do not apply—
s 58 43 s 59 Corrective Services Act 1988 (a) to or in respect of a prison dog; (b) to a prison dog handler in respect of anything done by the handler in the execution of the handler’s duty as a custodial correctional officer or a prison dog handler. ˙ Obstruction of prison dog constitutes obstruction of handler 58.(1) A person who— (a) hinders or obstructs; or (b) aids, counsels or procures another to hinder or obstruct; a prison dog working under the control of a prison dog handler performing the handler’s duties as a custodial correctional officer is deemed to hinder or, as the case may be, obstruct the custodial correctional officer. (2) The provisions of the Animals Protection Act 1925 , section 4(3) do not apply in respect of a prison dog at any time when it is under the control of a prison dog handler. Subdivision 4—Prison programs ˙ Approved programs 59.(1) In this Act— “approved compulsory program” means any work or other activity prescribed under the corrective services rules as an approved compulsory program for the purposes of this Act, whether within or outside of prison. “approved program” means an approved compulsory program or an approved voluntary program. “approved voluntary program” means any work or other activity prescribed by rule as an approved voluntary program for the purposes of this Act, whether within or outside of prison. (2) A prisoner may be ordered to participate in an approved compulsory program. (3) A prisoner may participate in an approved voluntary program.
s 60 44 s 60 Corrective Services Act 1988 (4) A prisoner who participates in an approved program shall, subject to subsections (5) to (7), receive remuneration at a rate prescribed under the corrective services rules. (5) Where the chief executive is satisfied that a prisoner, while participating in an approved program, has not been diligent or of good conduct, the chief executive may order that the prisoner not receive all or any part of the remuneration to which the prisoner would otherwise be entitled pursuant to subsection (4). (6) The chief executive may withhold from the remuneration to which a prisoner is entitled a portion determined by the chief executive for the purpose of resettling the prisoner who shall be given the sum withheld when discharged or released on parole. (7) The chief executive may make deductions of such amounts as the chief executive may determine from the remuneration a prisoner would otherwise have received for any of the following purposes— (a) in satisfaction of an order made by a court that the prisoner pay compensation in respect of an offence of which the prisoner has been convicted and for which the prisoner is then serving a term of imprisonment; (b) any other purpose prescribed by regulation. (8) Subject to section 64, a prisoner shall not be released from a prison or a community corrections centre for the purpose of participating in an approved program unless the prisoner is released pursuant to an instrument made under section 61 granting the prisoner leave of absence for that purpose. ˙ Compensation to prisoner 60.(1) Where a person receives an accidental personal injury while participating in an approved voluntary program belonging to a class of program prescribed by rule for the purposes of this section or while participating in an approved compulsory program as a result of which— (a) the person is, when discharged or released on parole; or (b) the person becomes, after being discharged or released on parole;
s 61 45 s 61 Corrective Services Act 1988 totally or partially incapacitated, the person may make written application to the chief executive for compensation. (1A) For the purpose of subsection (1), a person is deemed to be participating in an approved program— (a) while the person is attending a place for the purpose of participating in the program; or (b) while the person is travelling to a place for the purpose of participating in the program; or (c) while the person is travelling from a place at which the person has attended for the purpose of participating in the program. (2) Upon receiving an application, the chief executive shall arrange for the applicant to be examined by a medical practitioner nominated by the chief executive. (3) An applicant who fails to submit to any reasonable examination or test to be carried out by or on the recommendation of the medical practitioner shall not be eligible for compensation under this section. (4) The medical practitioner shall report the results of the medical practitioner’s examination to the commission and the chief executive shall make recommendations to the Minister in respect of compensation. (5) The Governor in Council may, from moneys appropriated for the purposes of this Act, award compensation of such amount as the Governor in Council thinks fit to an applicant. Subdivision 5—Absence, transfer and removal of prisoners ˙ Leave of absence 61.(1) Subject to this Act the chief executive may, by instrument and subject to such conditions as the chief executive thinks fit, grant leave of absence to a prisoner for any of the following purposes— (a) to participate in an approved program; (b) to engage in employment;
129 Corrective Services Act 1988 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 8 Transitional and savings provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 9 Provisions that have not commenced and are not incorporated into reprint . 149 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 25 August 2000. Future amendments of the Corrective Services Act 1988 may be made in accordance with this reprint under the Reprints Act 1992, section 49.
130 Corrective Services Act 1988 3 ´ AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev = = = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified order in council omitted original page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR = = = = = = = = = = = = = = = SL = sub = unnum = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 Statutory InstrumentsRegulation 1992 subordinate legislation substituted unnumbered ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 to Act No. 70 of 1993 27 April 1994 2 to Act No. 87 of 1994 3 June 1996 2A to Act No. 22 of 1996 22 August 1996 2B to Act No. 75 of 1996 30 January 1997 2C to Act No. 4 of 1997 4 July 1997 2D to Act No. 46 of 1997 12 September 1997 3 to Act No. 46 of 1997 8 January 1999 4 to Act No. 19 of 1999 4 June 1999 4A to Act No. 87 of 1999 6 January 2000 4B to Act No. 87 of 1999 14 February 2000 4C to Act No. 5 of 2000 7 April 2000
131 Corrective Services Act 1988 ´ 5 Tables in earlier reprints TABLES IN EARLIER REPRINTS Name of table Changed citations and remade laws Changed names and titles Corrected minor errors Obsolete and redundant provisions Renumbered provisions Reprint No. 1, 2 1 1 1, 2 1, 2 ´ 6 List of legislation Corrective Services Act 1988 No. 89 date of assent 1 December 1988 ss 1–2 commenced on date of assent remaining provisions commenced 15 December 1988 (see s 2(2) and o in c pubd gaz 10 December 1988 p 1675) as amended by— Corrective Services Act Amendment Act 1990 No. 38 date of assent 21 June 1990 ss 1–2 commenced on date of assent remaining provisions commenced 18 August 1990 (proc pubd gaz 18 August 1990 p 2393) Corrective Services Amendment Act 1991 No. 55 date of assent 18 September 1991 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 1992 (1991 SL No. 175) Juvenile Justice Act 1992 No. 44 ss 1–2, 235 sch 3 date of assent 19 August 1992 ss 1–2 commenced on date of assent remaining provisions commenced 1 September 1993 (1993 SL No. 313) Penalties and Sentences Act 1992 No. 48 ss 1–2, 207 sch date of assent 24 November 1992 ss 1–2 commenced on date of assent remaining provisions commenced 18 December 1992 (1993 SL No. 393) PenaltiesandSentencesLegislationAmendmentAct1993 No. 36 ss 1–2, 15 sch 2 date of assent 23 July 1993 commenced on date of assent
132 Corrective Services Act 1988 Local Government Act 1993 No. 70 pt 1, s 804 sch date of assent 7 December 1993 ss 1–2 commenced on date of assent remaining provisions commenced 26 March 1994 (see s 2(5)) Statute Law (Miscellaneous Provisions) Act (No. 2) 1994 No. 87 ss 1–3 sch 2 date of assent 1 December 1994 commenced on date of assent Juvenile Justice Legislation Amendment Act 1996 No. 22 pts 1, 6 sch 2 date of assent 15 August 1996 commenced on date of assent WorkCover Queensland Act 1996 No. 75 ss 1–2, 535 sch 2 date of assent 12 December 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 1997 (1996 SL No. 442) PenaltiesandSentences(SeriousViolentOffences)AmendmentAct1997 No. 4 pts 1, 4 date of assent 3 April 1997 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 1997 (1997 SL No. 151) Corrective Services Legislation Amendment Act 1997 No. 46 pts 1, 3 date of assent 29 August 1997 commenced on date of assent Corrective Services Legislation Amendment Act 1999 No. 9 pts 1–2 sch date of assent 30 March 1999 ss 1–2, pt 2 commenced on date of assent remaining provisions commenced 1 May 1999 (1999 SL No. 72) Statute Law (Miscellaneous Provisions) Act 1999 No. 19 ss 1–3 sch date of assent 30 April 1999 commenced on date of assent Criminal Law Amendment Act 1999 No. 87 pts 1, 3 s 11 sch date of assent 14 December 1999 ss 1–2 commenced on date of assent remaining provisions commenced 14 February 2000 (2000 SL No. 23) Police Powers and Responsibilities Act 2000 No. 5 ss 1–2, 461 (prev s 373) sch 3 date of assent 23 March 2000 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2000 (see s 2(1), (3) and 2000 SL No. 174) Mental Health Act 2000 No. 16 ss 1–2, 590 sch 1 pt 2 date of assent 8 June 2000 ss 1–2, 590 commenced on date of assent (see s 2(1)) remaining provisions not yet proclaimed into force
133 Corrective Services Act 1988 ´ 7 List of annotations Title amd 1992 No. 48 s 207 sch Commencement s 2 om R2 (see RA s 37) Arrangement s 3 om 1991 No. 55 s 4 Repeals and references s 4 amd R1 (see RA s 40) om R1 (see RA s 39) Savings and transitional—general s 5 amd 1994 No. 87 s 3 sch 2 om 1999 No. 9 s 3 sch Savings and transitional—parole s 6 amd R1 (see RA s 38) om 1999 No. 9 s 3 sch Savings and transitional—community service s 7 om R1 (see RA s 38) Savings and transitional—fine option orders s 8 om R1 (see RA s 38) References to hard labour s 9 om 1999 No. 9 s 3 sch Definitions prov hdg sub 1996 No. 22 s 108 sch 2 s 10 amd R1 (see RA s 39) def “appointed day” ins 1996 No. 22 s 108 sch 2 om 1999 No. 9 s 3 sch def “commission” amd 1997 No. 46 s 16(3) om 1999 No. 9 s 3 sch def “commissioner” om 1999 No. 9 s 3 sch def “community correctional officer” sub 1997 No. 46 s 16(1)–(2) def “community service” amd 1999 No. 9 s 3 sch def “community service order” amd 1992 No. 48 s 207 sch def “corrective services employee” ins 1999 No. 9 s 3 sch def “corrective services officer” ins 1999 No. 9 s 3 sch def “corrective services rules” sub 1999 No. 9 s 3 sch def “custodial correctional officer” sub 1997 No. 46 s 16(1)–(2) def “director-general” om 1999 No. 9 s 3 sch def “director of community corrections” om 1997 No. 46 s 16(1) def “director of custodial corrections” om 1997 No. 46 s 16(1) def “employee” ins 1997 No. 46 s 16(2) om 1999 No. 9 s 3 sch def “fine option order” amd 1992 No. 48 s 207 sch
134 Corrective Services Act 1988 def “general manager” sub 1997 No. 46 s 16(1)–(2) def “maximum security facility” ins 1999 No. 9 s 5 def “maximum security order” ins 1999 No. 9 s 5 def “Minister” om R2 (see RA s 39) def “officer” ins 1997 No. 46 s 16(2) om 1999 No. 9 s 3 sch def “police gaol” om 2000 No. 5 s 461 sch 3 def “police officer” om R1 (see RA s 39) def “prisoner” amd 1999 No. 9 s 3 sch def “probationer” om 1992 No. 48 s 207 sch def “probation order” amd 1992 No. 48 s 207 sch def “probation period” om 1992 No. 48 s 207 sch def “rule” om 1999 No. 9 s 3 sch def “serious violent offence” ins 1997 No. 4 s 21 def “watch-house manager” ins 2000 No. 5 s 461 sch 3 Establishment of community corrections centres s 12 amd 1999 No. 9 s 3 sch Functions of chief executive concerning prisons and community corrections centres prov hdg amd 1999 No. 9 s 3 sch s 13 amd 1999 No. 9 s 3 sch General manager responsible for prison s 14 amd 1997 No. 46 s 17; 1999 No. 9 s 3 sch Delegation by general manager s 15 amd 1999 No. 9 s 3 sch Delegation by commission before appointed day s 16 om R2 (see RA s 37) General manager’s rules s 17 amd 1999 No. 9 s 3 sch Certain persons to have powers of general manager s 18 amd 1997 No. 46 s 18; 1999 No. 9 s 3 sch Medical officer s 19 amd 1999 No. 9 s 3 sch Volunteers s 20 amd 1999 No. 9 s 3 sch Chaplains s 21 amd 1999 No. 9 s 3 sch Appointment of official visitors s 22 amd 1999 No. 9 s 3 sch Duties of official visitor s 23 amd 1999 No. 9 s 3 sch
135 Corrective Services Act 1988 Powers of official visitor s 24 amd 1999 No. 9 s 3 sch Privacy of communication with official visitor s 25 amd 1999 No. 9 s 3 sch Directions to official visitor re security s 26 amd 1999 No. 9 s 3 sch Appointment of inspectors s 27 amd 1999 No. 9 s 3 sch Remuneration, allowances and expenses s 28 amd 1999 No. 9 s 3 sch Powers of inspector s 29 amd 1997 No. 46 s 19; 1999 No. 9 s 3 sch Privacy of communication with inspector s 30 amd 1999 No. 9 s 3 sch Directions to inspector re security s 31 amd 1999 No. 9 s 3 sch Where persons to be detained in custody s 32 amd 1992 No. 44 s 235 sch 3; 2000 No. 5 s 461 sch 3; 2000 No. 16 s 590 sch 1 pt 2 Persons in custody of chief executive prov hdg amd 1999 No. 9 s 3 sch s 33 amd 1999 No. 9 s 3 sch; 2000 No. 5 s 461 sch 3 Chief executive to obey writ etc. directed to keeper of gaol prov hdg amd 1999 No. 9 s 3 sch s 34 amd 1999 No. 9 s 3 sch Authority for admission to prison s 35 amd 1999 No. 9 s 3 sch Prisoner to be informed of entitlements and duties s 36 amd 1999 No. 9 s 3 sch Accommodation s 37 amd 1999 No. 9 s 3 sch Prisoner under 18 years of age s 38 amd 1999 No. 9 s 3 sch Different management arrangements for different classifications s 38A ins 1999 No. 9 s 6 Special treatment s 39 amd 1999 No. 9 s 3 sch Child may be accommodated in a prison or community corrections centre s 40 amd 1999 No. 9 s 3 sch
136 Corrective Services Act 1988 Death of prisoner s 43 amd 1994 No. 87 s 3 sch 2; 1999 No. 9 s 3 sch Subdivision 1A—Accommodation in maximum security facility sdiv hdg ins 1999 No. 9 s 7 Management of prisoners under maximum security arrangements s 43A ins 1999 No. 9 s 7 Consecutive maximum security orders s 43B ins 1999 No. 9 s 7 Other matters about maximum security orders s 43C ins 1999 No. 9 s 7 Review of maximum security order by official visitor s 43D ins 1999 No. 9 s 7 Examination by medical officer s 43E ins 1999 No. 9 s 7 Transitional provision—references to chief executive s 43F ins 1999 No. 9 s 7 exp 1999 No. 9 s 7 Certain persons to have powers of custodial correctional officer s 45 amd 1997 No. 46 s 20; 1999 No. 9 s 3 sch Identification procedures s 46 amd 1999 No. 9 s 3 sch Search of prisoners s 47 amd 1999 No. 9 s 3 sch Body searches and samples s 48 amd 1999 No. 9 s 3 sch Examinations and treatment by medical officer s 50 amd 1999 No. 9 s 3 sch Private medical examination or treatment s 52 amd 1999 No. 9 s 3 sch Psychological assessment of prisoner s 53 amd 1999 No. 9 s 3 sch Prison dogs s 54 amd 1999 No. 9 s 3 sch Prison dog handlers s 55 amd 1999 No. 9 s 3 sch Prison dogs may accompany prison dog handler s 56 amd 1999 No. 9 s 3 sch Application of local government local laws etc. s 57 amd 1993 No. 70 s 804 sch
137 Corrective Services Act 1988 Approved programs s 59 amd 1999 No. 9 s 3 sch Compensation to prisoner s 60 amd 1999 No. 9 s 3 sch Leave of absence s 61 amd 1990 No. 38 s 3; 1994 No. 87 s 3 sch 2; 1997 No. 4 s 22; 1999 No. 9 s 3 sch; 1999 No. 87 s 11 sch Duty of prisoner on leave of absence s 62 amd 1999 No. 9 s 3 sch Amendment or revocation of instrument s 63 amd 1990 No. 38 s 4(1); 1999 No. 9 s 3 sch; 2000 No. 5 s 461 sch 3 Expenses of prisoner on leave of absence s 65 amd 1999 No. 9 s 3 sch Prisoner employed outside prison s 66 amd 1999 No. 9 s 3 sch Authorised payments from prisoner’s earnings s 67 amd 1999 No. 9 s 3 sch Accounts of approved person s 68 amd 1999 No. 9 s 3 sch Transfer of prisoners s 69 amd 1999 No. 9 s 3 sch; 2000 No. 16 s 590 sch 1 pt 2 Prisoner attending court s 70 amd 1999 No. 9 s 3 sch Order for production of prisoner before court s 71 amd 1999 No. 9 s 3 sch; 1999 No. 19 s 3 sch Removal of prisoner in interests of justice s 72 amd 1999 No. 9 s 3 sch Special correctional officers s 73 amd 1999 No. 9 s 3 sch Detention during transfer etc. s 74 amd 2000 No. 5 s 461 sch 3 Custody of appellants under Code s 75 amd 1999 No. 9 s 3 sch Custody of other appellants s 76 amd 1999 No. 9 s 3 sch Chief executive to be notified of appeals by prisoners prov hdg amd 1999 No. 9 s 3 sch s 78 amd 1999 No. 9 s 3 sch Discharge of prisoner s 80 amd 1999 No. 9 s 3 sch
138 Corrective Services Act 1988 Early discharge s 81 amd 1999 No. 9 s 3 sch Prisoner may remain in prison s 83 amd 1999 No. 9 s 3 sch Assistance to prisoner on discharge s 84 amd 1999 No. 9 s 3 sch Prisoner discharged by error s 85 amd 2000 No. 5 s 461 sch 3 Release of prisoner to home detention s 86 amd 1990 No. 38 s 5(1); 1994 No. 87 s 3 sch 2; 1997 No. 4 s 23; 1999 No. 9 s 3 sch; 1999 No. 87 s 11 sch; 2000 No. 5 s 461 sch 3 Community correctional officer to be appointed to prisoner s 87 amd 1999 No. 9 s 3 sch Duties of prisoner on home detention s 88 amd 1999 No. 9 s 3 sch Expenses of prisoner on home detention s 89 amd 1999 No. 9 s 3 sch Employment of prisoner on home detention s 90 amd 1992 No. 48 s 207 sch; 1999 No. 9 s 3 sch Authorised payments from prisoner’s earnings s 91 amd 1999 No. 9 s 3 sch Prisoner offences s 93 amd 1993 No. 36 s 15 sch 2; R1 (see RA s 39); 1999 No. 9 s 3 sch Apprehension of prisoners s 94 amd 2000 No. 5 s 461 sch 3 Period while unlawfully at large not to count as part of term of imprisonment s 95 amd 2000 No. 5 s 461 sch 3 Separate confinement s 96 amd 1999 No. 9 s 3 sch Breaches of discipline s 97 amd 1999 No. 9 s 3 sch Minor breach s 98 amd 1999 No. 9 s 3 sch Review of minor breach s 99 amd 1999 No. 9 s 3 sch Reports relating to minor breaches s 100 amd 1999 No. 9 s 3 sch Major breach s 101 amd 1999 No. 9 s 3 sch
139 Corrective Services Act 1988 Review of major breach s 102 amd 1999 No. 9 s 3 sch Disciplinary breach register s 103 amd 1999 No. 9 s 3 sch Offences by persons other than prisoners s 104 amd 1999 No. 9 s 3 sch; 2000 No. 5 s 461 sch 3 Penalties and procedure for offences defined in s 104 s 105 amd R1 (see RA s 39); 1999 No. 9 s 3 sch Where a corrective services officer commits offence prov hdg amd 1999 No. 9 s 3 sch s 106 amd 1999 No. 9 s 3 sch Search and arrest of persons suspected of offences s 107 amd 2000 No. 5 s 461 sch 3 Searching of corrective services officers and employees etc. prov hdg amd 1999 No. 9 s 3 sch s 109 amd 1997 No. 46 s 21; 1999 No. 9 s 3 sch Declaration of emergency s 111 amd 1999 No. 9 s 3 sch Power of chief executive during emergency prov hdg amd 1999 No. 9 s 3 sch s 112 amd 1999 No. 9 s 3 sch Meaning of terms s 113 amd 1999 No. 19 s 3 sch Person surrendering into custody of court s 114 amd 2000 No. 5 s 461 sch 3 Duties and powers of proper officer s 115 amd 1999 No. 9 s 3 sch Proper officer may require assistance s 116 amd 1992 No. 44 s 235 sch 3; 1999 No. 9 s 3 sch Offences s 118 amd R1 (see RA s 39) Court cells s 119 amd 1999 No. 9 s 3 sch; 2000 No. 5 s 461 sch 3 Proper officer may make rules s 120 amd 1999 No. 9 s 3 sch Application to Supreme Court for interpretation of warrant etc. s 123 amd 1999 No. 9 s 3 sch Certificate re prisoner etc. s 125 amd 1999 No. 9 s 3 sch
140 Corrective Services Act 1988 Commissioner of the police service to provide police s 128 amd 1999 No. 9 s 3 sch Offence provision s 129 amd R1 (see RA s 39) Regulations for purposes of pt 2 s 130 amd R1 (see RA s 39); 1994 No. 87 s 3 sch 2; 1999 No. 9 s 3 sch Members of the Queensland Community Corrections Board s 132 sub 1990 No. 38 s 6(1) amd 1999 No. 9 s 3 sch Appointment of members s 133 sub 1990 No. 38 s 7 Tenure of office of appointed members s 134 amd 1990 No. 38 s 8; 2000 No. 16 s 590 sch 1 pt 2 Meetings of board s 136 amd 1990 No. 38 s 9; 1997 No. 46 s 22; 1999 No. 9 s 3 sch Procedure at meetings s 137 amd 1990 No. 38 s 10 Secretary s 138 amd 1990 No. 38 s 11(1); 1999 No. 9 s 3 sch Guidelines s 139 amd 1999 No. 9 s 3 sch; 1999 No. 87 s 10 Members of regional community corrections board s 144 sub 1990 No. 38 s 12(1) amd 1999 No. 9 s 3 sch Deputies of members s 145 om 1990 No. 38 s 13 Appointment of members s 146 amd 1990 No. 38 s 14 Tenure of office of members s 147 amd 1990 No. 38 s 15; 2000 No. 16 s 590 sch 1 pt 2 Meetings of board s 149 amd 1990 No. 38 s 16 Procedure at meetings s 150 amd 1990 No. 38 s 17 Secretary to regional community corrections board s 151 amd 1990 No. 38 s 18; 1999 No. 9 s 3 sch Annual report etc. s 152 amd 1990 No. 38 s 19 Conduct of affairs s 154 amd 1990 No. 38 s 20
141 Corrective Services Act 1988 Authentication of document s 157 amd 1990 No. 38 s 21 Board to have powers of commission of inquiry s 159 amd 1990 No. 38 s 22 Fees and allowances s 160 amd 1999 No. 9 s 3 sch Part not to apply to child s 162 om 1992 No. 44 s 235 sch 3 Release on parole s 165 amd 1990 No. 38 s 23; 1992 No. 48 s 207 sch; 1999 No. 9 s 3 sch; 1999 No. 87 s 11 sch; 2000 No. 16 s 590 sch 1 pt 2 Eligibility for parole s 166 amd 1990 No. 38 s 24; 1992 No. 48 s 207 sch; 1997 No. 4 s 24 Removal of prisoner appearing before regional community corrections board s 170 amd 1990 No. 38 s 25 Custodial correctional officer may be directed to leave meeting of board s 171 amd 1990 No. 38 s 26 Competency of prisoner to apply for parole s 172 amd 1990 No. 38 s 27(1) Refusal of application for parole s 174 sub 1990 No. 38 s 28 Requirements of parole order s 175 amd 1992 No. 48 s 207 sch; 1999 No. 9 s 3 sch Assignment of community correctional officer s 176 amd 1999 No. 9 s 3 sch Procedure upon breach of parole order s 178 amd 1999 No. 9 s 3 sch Chief executive may suspend parole prov hdg amd 1999 No. 9 s 3 sch s 180 amd 1999 No. 9 s 3 sch Chief executive may issue warrant prov hdg amd 1999 No. 9 s 3 sch s 181 amd 1999 No. 9 s 3 sch Release on parole of prisoner serving term of imprisonment for life s 182 amd 1990 No. 38 s 29 om 1994 No. 87 s 3 sch 2 Discharge of persons on parole s 183 amd 1994 No. 87 s 3 sch 2 Prisoners on parole deemed still under sentence s 184 amd 1994 No. 87 s 3 sch 2
142 Corrective Services Act 1988 Cancellation etc. of parole by board s 185 amd 1990 No. 38 s 30 Reduction of parole period s 186 amd 1999 No. 9 s 3 sch Cancellation of parole by conviction s 187 amd 1993 No. 36 s 15 sch 2 Warrant for the return of prisoner to prison s 188 amd 1994 No. 87 s 3 sch 2 Magistrate may issue warrant s 189 amd 1994 No. 87 s 3 sch 2 Effect of cancellation of parole on sentence s 190 amd 1994 No. 87 s 3 sch 2 Authority of board to release more than once on parole s 191 amd 1994 No. 87 s 3 sch 2 Action by way of prerogative order does not lie s 192 amd 1994 No. 87 s 3 sch 2 PART 5—ORDERS RELATING TO CONVICTED PERSONS pt hdg amd 1991 No. 55 s 5 om 1992 No. 48 s 207 sch Division 1—Probation Orders div hdg om 1992 No. 48 s 207 sch Chief executive to cause reports to be prepared prov hdg amd 1999 No. 9 s 3 sch s 194 amd 1999 No. 9 s 3 sch PART 6—MISCELLANEOUS pt hdg prev pt 6 hdg om 1992 No. 48 s 207 sch pres pt 6 hdg ins 1992 No. 48 s 207 sch Assignment of community correctional officer in respect of order s 197 prev s 197 om 1992 No. 48 s 207 sch pres s 197 (prev s 251) renum 1992 No. 48 s 207 sch amd 1999 No. 9 s 3 sch Community service s 198 prev s 198 om 1992 No. 48 s 207 sch pres s 198 (prev s 255) amd 1992 No. 48 s 207 sch renum 1992 No. 48 s 207 sch amd 1999 No. 9 s 3 sch Compensation for personal injury s 199 prev s 199 om 1992 No. 48 s 207 sch pres s 199 (prev s 256) amd 1992 No. 48 s 207 sch renum 1992 No. 48 s 207 sch amd 1994 No. 87 s 3 sch 2 om 1996 No. 75 s 535 sch 2
143 Corrective Services Act 1988 Appointment of voluntary community correctional officers s 200 prev s 200 om 1992 No. 48 s 207 sch pres s 200 (prev s 262) renum 1992 No. 48 s 207 sch amd 1999 No. 9 s 3 sch Chief executive to cause reports to be prepared prov hdg amd 1999 No. 9 s 3 sch s 201 prev s 201 om 1992 No. 48 s 207 sch pres s 201 (prev s 263) renum 1992 No. 48 s 207 sch amd 1999 No. 9 s 3 sch Offender to report to community correctional officer where presentence report required s 202 prev s 202 om 1992 No. 48 s 207 sch pres s 202 (prev s 264) renum 1992 No. 48 s 207 sch amd 1999 No. 9 s 3 sch Reports of community correctional officers s 203 prev s 203 om 1992 No. 48 s 207 sch pres s 203 (prev s 265) renum 1992 No. 48 s 207 sch Commissioner of the police service to provide criminal histories s 204 prev s 204 om 1992 No. 48 s 207 sch pres s 204 (prev s 266) renum 1992 No. 48 s 207 sch amd 1999 No. 9 s 3 sch Royal prerogative of mercy etc. not affected s 205 prev s 205 om 1992 No. 48 s 207 sch pres s 205 (prev s 267) amd 1992 No. 48 s 207 sch renum 1992 No. 48 s 207 sch Proceedings for offences s 206 prev s 206 om 1992 No. 48 s 207 sch pres s 206 (prev s 268) renum 1992 No. 48 s 207 sch amd 1999 No. 9 s 3 sch Evidentiary provision s 207 prev s 207 om 1992 No. 48 s 207 sch pres s 207 (prev s 269) renum 1992 No. 48 s 207 sch amd 1997 No. 46 s 23; 1999 No. 9 s 3 sch Regulations s 208 prev s 208 om 1992 No. 48 s 207 sch pres s 208 (prev s 270) renum 1992 No. 48 s 207 sch Power of court before which probationer appears or is brought pursuant to s. 206 or 208 s 209 om 1992 No. 48 s 207 sch Court may impose further sentence s 210 om 1992 No. 48 s 207 sch
144 Corrective Services Act 1988 Determination of questions as to breach of probation order or conviction of probationer s 211 om 1992 No. 48 s 207 sch Power to take proceedings after expiration of probation period s 212 om 1992 No. 48 s 207 sch Form of probation order s 213 om 1992 No. 48 s 207 sch Division 2—Community Service Orders div hdg om 1992 No. 48 s 207 sch Interpretation s 214 om 1992 No. 48 s 207 sch Community service orders in respect of convicted persons s 215 om 1992 No. 48 s 207 sch Requirements of and prescribed requirement with respect to community service order s 216 om 1992 No. 48 s 207 sch Circumstances in which a community service order may be made s 217 om 1992 No. 48 s 207 sch Explanation of nature and effect of order to offender s 218 om 1992 No. 48 s 207 sch Maximum hours for performance of community service in case of multiple or subsequent orders s 219 om 1992 No. 48 s 207 sch Duration of community service order s 220 om 1992 No. 48 s 207 sch Breach of requirements contained in or with respect to a community service order s 221 om 1992 No. 48 s 207 sch Power of Magistrates Court that convicts offender of offence against s. 221 s 222 om 1992 No. 48 s 207 sch Powers of Supreme Court or District Court before which offender appears s 223 om 1992 No. 48 s 207 sch Determination of question as to breach of community service order s 224 om 1992 No. 48 s 207 sch Power to extend time for performance of work s 225 om 1992 No. 48 s 207 sch Discharge, etc. of community service orders s 226 om 1992 No. 48 s 207 sch Summons to offender and notice of applications s 227 om 1992 No. 48 s 207 sch
145 Corrective Services Act 1988 Notification of discharge, variation or extension of order s 228 om 1992 No. 48 s 207 sch Regard to be had to order when sentence passed s 229 om 1992 No. 48 s 207 sch Division 3—Fine Option Orders div hdg om 1992 No. 48 s 207 sch Interpretation s 230 om 1992 No. 48 s 207 sch Application for order where person before court s 231 om 1992 No. 48 s 207 sch Court to inform person of right to apply for fine option order s 231A ins 1991 No. 55 s 6 om 1992 No. 48 s 207 sch Application for order generally s 232 amd 1991 No. 55 s 7 om 1992 No. 48 s 207 sch Application to clerk of court for order after expiration of time allowed for payment of fine s 232A ins 1991 No. 55 s 8 om 1992 No. 48 s 207 sch Application to court for order after expiration of time allowed for payment of fine s 232B ins 1991 No. 55 s 8 om 1992 No. 48 s 207 sch Matters to be considered on application s 233 sub 1991 No. 55 s 9 om 1992 No. 48 s 207 sch Determination of application s 234 sub 1991 No. 55 s 10 om 1992 No. 48 s 207 sch Effect of fine option order s 235 sub 1991 No. 55 s 11 om 1992 No. 48 s 207 sch Order to be reduced to writing s 236 sub 1991 No. 55 s 12 om 1992 No. 48 s 207 sch Release from custody when order is made s 236A ins 1991 No. 55 s 13 om 1992 No. 48 s 207 sch Requirements of fine option order s 237 amd 1991 No. 55 s 14 om 1992 No. 48 s 207 sch
146 Corrective Services Act 1988 Maximum number of hours s 238 amd 1991 No. 55 s 15 om 1992 No. 48 s 207 sch Community service to be performed cumulatively s 239 sub 1991 No. 55 s 16 om 1992 No. 48 s 207 sch Performance of community service to be credited against fine s 240 amd 1991 No. 55 s 17 om 1992 No. 48 s 207 sch Payments and application thereof s 241 om 1992 No. 48 s 207 sch Failure to comply with a requirement of an order s 242 amd 1991 No. 55 s 18 om 1992 No. 48 s 207 sch Effect of revoking order s 243 amd 1991 No. 55 s 19 om 1992 No. 48 s 207 sch Discharge of orders s 244 amd 1991 No. 55 s 20 om 1992 No. 48 s 207 sch Certificate s 245 amd 1991 No. 55 s 21 om 1992 No. 48 s 207 sch Appeals s 246 sub 1991 No. 55 s 22 om 1992 No. 48 s 207 sch Division 4—General div hdg om 1992 No. 48 s 207 sch Application of Part s 247 amd 1992 No. 44 s 235 sch 3 om 1992 No. 48 s 207 sch Construction of references to court by which order made s 248 amd 1991 No. 55 s 23 om 1992 No. 48 s 207 sch Community correctional officers subject to direction of court s 249 om 1992 No. 48 s 207 sch Court may make probation order and community service order in relation to a person s 250 om 1992 No. 48 s 207 sch Assignment of community correctional officer in respect of order s 251 renum as s 197 1992 No. 48 s 207 sch
147 Corrective Services Act 1988 Conviction in respect of which a probation order or a community service order is made to be disregarded for certain purposes s 252 om 1992 No. 48 s 207 sch Appeal in case of conviction in a Magistrates Court where probation order or community service order made s 253 om 1992 No. 48 s 207 sch Notification by court s 254 om 1992 No. 48 s 207 sch Community service s 255 renum as s 198 1992 No. 48 s 207 sch Compensation for personal injury s 256 renum as s 199 1992 No. 48 s 207 sch Warrants s 257 om 1992 No. 48 s 207 sch Facilitation of proof s 258 om 1992 No. 48 s 207 sch Application of Justices Act s 259 om 1992 No. 48 s 207 sch Approval of commission required in certain cases s 260 om 1992 No. 48 s 207 sch Regulations for purposes of Part 5 s 261 om 1992 No. 48 s 207 sch PART 6—MISCELLANEOUS pt hdg prev pt 6 hdg om 1992 No. 48 s 207 sch Appointment of voluntary community correctional officers s 262 renum as s 200 1992 No. 48 s 207 sch Commission to cause reports to be prepared s 263 renum as s 201 1992 No. 48 s 207 sch Offender to report to community correctional officer where pre-sentence report required s 264 renum as s 202 1992 No. 48 s 207 sch Reports of community correctional officers s 265 renum as s 203 1992 No. 48 s 207 sch Commissioner of the Police Service to provide criminal histories s 266 renum as s 204 1992 No. 48 s 207 sch Royal prerogative of mercy etc. not affected s 267 renum as s 205 1992 No. 48 s 207 sch Proceedings for offences s 268 renum as s 206 1992 No. 48 s 207 sch
148 Corrective Services Act 1988 Evidentiary provision s 269 renum as s 207 1992 No. 48 s 207 sch Regulations s 270 renum as s 208 1992 No. 48 s 207 sch SCHEDULE 1 om R1 (see RA s 40) SCHEDULE 2 om 1994 No. 87 s 3 sch 2 ´ 8 Transitional and savings provisions CorrectiveServices(ConsequentialAmendments)Act1988 No. 88 s 6 provides— Savings and transitional—Security Patients’ Hospital at Wacol Prison 6.(1) On and from the date appointed under section 7 of the CorrectiveServices (Administration) Act 1988 — (a) the Security Patients’ Hospital at Wacol Prison, declared under the Prisons Act 1958–1988 , shall continue to be a security patients’ hospital within the meaning of that Act and, subject to this section, the provisions of that Act and the Mental Health Services Act 1974–1988 shall apply to that security patients’ hospital as if the Corrective Services Act 1988 had not commenced and as if the provision in Schedule I of this Act amending the definition “security patients’ hospital” in section 5 (1) of the Mental Health Services Act 1974–1987 , had not commenced; (b) the Commission shall have all the powers and functions that, immediately before that day, were conferred or imposed by or under the Prisons Act 1958–1988 or the Mental Health Services Act 1974–1987 upon the Comptroller-General of Prisons in respect of security patients’ hospitals and patients detained therein; (c) the power of the Commission to appoint general managers, custodial correctional officers and other officers under the Corrective Services (Administration) Act 1988 includes power to appoint in respect of the Security Patients’ Hospital at Wacol
149 Corrective Services Act 1988 Prison a general manager and such custodial correctional officers and other officers as it thinks fit for the purpose of discharging the functions referred to in paragraph (b); (d) the person who holds office as general manager of the Security Patients’ Hospital at Wacol Prison or the person for the time being performing the duties of that office shall have all the powers and functions that, immediately before that day, were conferred or imposed by or under the Prisons Act 1958–1988 or the Mental Health Services Act 1974–1987 upon the superintendent of a security patients’ hospital within the meaning of the Prisons Act 1958–1988 ; (e) a reference in Part IX of the Mental Health Services Regulations 1985 to a prison officer shall be read as a reference to a custodial correctional officer within the meaning of the Corrective Services Act 1988 . (2) The Governor in Council may declare that the Security Patients’ Hospital at Wacol Prison cease to be a security patients’ hospital whereupon the provisions of subsection (1) shall be of no further force or effect. ´ 9 Provisions that have not commenced and are not incorporated into reprint The following provisions are not incorporated in this reprint because they had not commenced before the reprint date (see Reprints Act 1992, s 5(c)). Mental Health Act 2000 No. 16 s 590 sch 1 pt 2 reads as follows— 1. Sections 32(1) and 69(2), ‘ Mental Health Act 1974 ’— omit, insert— ‘ Mental Health Act 2000 ’.
150 Corrective Services Act 1988 2. Section 69(1), definition “institution”, paragraph (c), ‘a security patients’ hospital within the meaning of the Mental Health Act 1974 ’— omit, insert— ‘an authorised mental health service under the Mental Health Act 2000 ’. 3. Sections 134(3)(a) and 147(3)(a), from ‘or becomes’ to ‘ 1974 )’— omit. 4. Section 165— insert — ‘ (6) In this section— “prisoner” includes a classified patient, under the Mental Health Act 2000 , who is detained in an authorised mental health service under that Act.’. © State of Queensland 2000
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Corrective Services Act 1988 (Qld)
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