Corrective Services Act 2000 (Qld)

Queensland Corrective Services Act 2000 Reprinted as in force on 1 December 2005 Reprint No. 2I 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 1 December 2005. 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. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland Corrective Services Act 2000 Contents Chapter 1 1 2 3 4 5 Chapter 2 Part 1 6 7 8 9 10 11 12 13 Part 2 Division 1 14 15 16 17 18 19 20 21 22 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 References to person in charge or prisoner . . . . . . . . . . . . . . . . . 14 Prisoners Custody and admission of prisoners Where persons to be detained . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 When persons in chief executive’s custody . . . . . . . . . . . . . . . . . 15 When persons in commissioner’s custody . . . . . . . . . . . . . . . . . . 16 Authority for admission to corrective services facility . . . . . . . . . . 16 Identification of prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Prisoner to be informed of entitlements and duties . . . . . . . . . . . 18 Prisoner classifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Accommodation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Management of prisoners Management of prisoners generally Directions to prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Medical examination or treatment . . . . . . . . . . . . . . . . . . . . . . . . 21 Private medical examination or treatment . . . . . . . . . . . . . . . . . . 22 Dangerously ill prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Death of prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Registration of birth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Children living in facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Removing child from facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Reviewing decisions about children . . . . . . . . . . . . . . . . . . . . . . . 26

23 24 Division 2 25 26 26A 27 27A 28 29 30 31 32 33 Division 3 34 35 36 37 Division 4 38 39 40 41 Division 5 42 43 44 45 46 Division 6 47 48 49 50 51 2 Corrective Services Act 2000 Marriage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Change of name. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Search of prisoners Power to search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Personal searches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Strip searches generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Strip searches on reasonable suspicion. . . . . . . . . . . . . . . . . . . . Strip search requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Body searches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Register of searches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Who may be required to give test sample . . . . . . . . . . . . . . . . . . Random testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Giving test samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consequences of positive test samples . . . . . . . . . . . . . . . . . . . . Mail and phone calls Prisoner’s mail at prisoner’s own expense . . . . . . . . . . . . . . . . . . Opening, searching and censoring mail . . . . . . . . . . . . . . . . . . . . Phone calls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recording or monitoring phone calls and electronic communications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special treatment orders Special treatment orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of special treatment orders . . . . . . . . . . . . . . . . . . . . . . . Medical examination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Crisis support orders Crisis support orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consecutive crisis support orders . . . . . . . . . . . . . . . . . . . . . . . . Review of crisis support orders . . . . . . . . . . . . . . . . . . . . . . . . . . Medical examination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Maximum security orders Maximum security orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consecutive maximum security orders. . . . . . . . . . . . . . . . . . . . . Other matters about maximum security orders . . . . . . . . . . . . . . Review of maximum security orders. . . . . . . . . . . . . . . . . . . . . . . Medical examination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 26 27 27 28 29 29 29 30 30 31 31 31 32 33 33 34 35 36 37 37 38 38 39 39 40 40 41 41 42 43

3 Corrective Services Act 2000 52 Division 7 53 54 55 Division 8 56 57 Division 9 58 59 60 61 62 63 64 65 66 Division 10 67 68 69 70 71 72 73 74 Division 11 75 76 77 78 79 80 80A 81 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer and removal of prisoners Transfer to another facility or a health institution . . . . . . . . . . . . . Transfer to court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal of prisoner for law enforcement purposes . . . . . . . . . . . WORC and WCC programs WORC and WCC programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility for WORC and WCC programs . . . . . . . . . . . . . . . . . . . Leave of absence Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compassionate leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Resettlement leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Leave of absence available to serious violent offenders . . . . . . . Leave of absence available to certain other prisoners . . . . . . . . . Prisoner’s expenses while on leave of absence . . . . . . . . . . . . . . Prisoner’s duties while on leave of absence. . . . . . . . . . . . . . . . . Leave of absence is part of term of imprisonment . . . . . . . . . . . . What is not leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interstate leave of absence Interstate leave permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of interstate leave permit . . . . . . . . . . . . . . . . . . . . . . . . . . Amending or repealing permits . . . . . . . . . . . . . . . . . . . . . . . . . . Notice to participating State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of corresponding interstate leave permit . . . . . . . . . . . . . . Escape of interstate prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . Liability for damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corresponding laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remission and conditional release Eligibility for remission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility for conditional release . . . . . . . . . . . . . . . . . . . . . . . . . . Risk to community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Good conduct and industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refusing remission or conditional release . . . . . . . . . . . . . . . . . . Amending, suspending or cancelling conditional release order . . Expiry of conditional release order . . . . . . . . . . . . . . . . . . . . . . . . Effect of remission on cumulative sentences . . . . . . . . . . . . . . . . 43 44 45 45 46 47 48 48 49 49 50 50 51 51 51 52 52 53 53 53 53 54 54 55 56 57 58 58 59 60 60

4 Corrective Services Act 2000 Division 12 82 83 84 Division 13 85 Chapter 3 Part 1 86 87 88 89 90 91 Part 2 92 93 94 Part 3 94A 95 96 97 98 99 100 101 102 103 104 105 Part 4 106 107 108 109 110 Discharge or release Discharge or release of prisoner . . . . . . . . . . . . . . . . . . . . . . . . . Early discharge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remaining in facility after being eligible for discharge . . . . . . . . . Arrest of prisoners Arresting prisoners unlawfully at large . . . . . . . . . . . . . . . . . . . . . Breaches and offences Breaches of discipline by prisoners Breaches of discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Considering whether breach of discipline committed . . . . . . . . . . Consequences of breach of discipline . . . . . . . . . . . . . . . . . . . . . Review of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disciplinary breach register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Separate confinement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences by prisoners Unlawful assembly, riot and mutiny . . . . . . . . . . . . . . . . . . . . . . . Prohibited things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General offences Helping prisoner at large . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obstructing corrective services officer . . . . . . . . . . . . . . . . . . . . . Prohibited things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removing things from facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . Unlawful entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Killing or injuring corrective services dogs . . . . . . . . . . . . . . . . . . Interviewing and photographing prisoners etc.. . . . . . . . . . . . . . . Interfering with records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . Persons near prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Temporary detention for security offences . . . . . . . . . . . . . . . . . . Power to require name and address . . . . . . . . . . . . . . . . . . . . . . Seizing property Seizing property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Receipt for seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forfeiting seized things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of decision to forfeit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Returning seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 61 62 63 64 65 66 67 68 68 69 70 70 71 72 72 73 73 73 74 75 75 76 76 77 78 79 80 81 81

111 Part 5 Division 1 112 Division 2 113 114 115 116 117 Chapter 4 Part 1 118 119 120 Part 2 121 122 123 124 125 126 127 128 129 130 131 132 Chapter 5 Part 1 133 134 135 136 137 138 5 Corrective Services Act 2000 Power of court in relation to seized things . . . . . . . . . . . . . . . . . . Use of force Use of reasonable force Authority to use reasonable force. . . . . . . . . . . . . . . . . . . . . . . . . Use of lethal force Training for use of lethal force . . . . . . . . . . . . . . . . . . . . . . . . . . . Issue, handling and storage of weapons . . . . . . . . . . . . . . . . . . . Use of lethal force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements for use of lethal force. . . . . . . . . . . . . . . . . . . . . . . Reporting use of lethal force . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corrective services facilities Establishing facilities Establishing prisons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prison amenities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Establishing community corrective services facilities . . . . . . . . . . Visiting facilities Warning to visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Entitlement to visits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Visits by children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contact during personal visits . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements before visit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements during visits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proof of identity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suspending visits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Monitoring visits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accredited visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Law enforcement visits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legal visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Post-prison community based release Orders Who may apply for exceptional circumstances parole order . . . . Who may apply for other post-prison community based release orders ......................................... When order starts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Which corrections board to hear and decide application . . . . . . . Appearing before corrections board . . . . . . . . . . . . . . . . . . . . . . . When application for release lapses. . . . . . . . . . . . . . . . . . . . . . . 82 82 83 84 84 85 85 86 86 86 87 87 88 88 89 90 91 91 92 92 93 93 94 94 95 96 96 97

139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 Part 2 Division 1 156 157 158 159 160 161 162 163 164 165 166 167 168 169 Division 2 170 6 Corrective Services Act 2000 Corrections board not bound by sentencing court’s recommendation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decision of corrections board. . . . . . . . . . . . . . . . . . . . . . . . . . . . Types of post-prison community based release orders . . . . . . . . Conditions for release to work orders. . . . . . . . . . . . . . . . . . . . . . Conditions for home detention orders . . . . . . . . . . . . . . . . . . . . . Conditions for parole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expenses of prisoner on release to work or home detention . . . . Travelling from home while on home detention . . . . . . . . . . . . . . Travelling interstate while on home detention. . . . . . . . . . . . . . . . Travelling interstate or overseas while on parole . . . . . . . . . . . . . Suspension of order by chief executive . . . . . . . . . . . . . . . . . . . . Amendment, suspension or cancellation of order by corrections board ......................................... Cancellation of order by further imprisonment . . . . . . . . . . . . . . . Effect of cancellation of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prisoner on release taken to be still serving sentence . . . . . . . . . Expiry of post-prison community based release order . . . . . . . . . Reviewing regional board’s decision to refuse application . . . . . . Corrections boards Queensland Community Corrections Board Establishment of Queensland board . . . . . . . . . . . . . . . . . . . . . . Functions of Queensland board . . . . . . . . . . . . . . . . . . . . . . . . . . Membership of Queensland board . . . . . . . . . . . . . . . . . . . . . . . . Disqualification from membership of Queensland board . . . . . . . Term of member’s appointment . . . . . . . . . . . . . . . . . . . . . . . . . . Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of member’s office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Secretary of Queensland board . . . . . . . . . . . . . . . . . . . . . . . . . . Meetings of Queensland board . . . . . . . . . . . . . . . . . . . . . . . . . . Attendance of corrective services officers or employees at Queensland board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attendance of board member at regional board meetings . . . . . . Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual report of Queensland board . . . . . . . . . . . . . . . . . . . . . . . Special reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regional community corrections boards Establishment of regional boards . . . . . . . . . . . . . . . . . . . . . . . . . 97 98 98 99 99 100 101 101 102 102 102 103 105 106 107 107 108 109 109 109 110 110 111 111 111 111 112 112 112 113 113 114

171 172 173 174 175 176 177 178 179 180 Division 3 181 182 Part 3 183 184 185 186 187 Chapter 6 Part 1 188 189 190 191 192 193 194 195 Part 2 196 197 198 Part 3 199 7 Corrective Services Act 2000 Functions of regional boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership of regional boards . . . . . . . . . . . . . . . . . . . . . . . . . . Disqualification from membership of regional boards . . . . . . . . . Term of member’s appointment . . . . . . . . . . . . . . . . . . . . . . . . . . Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of member’s office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Secretaries of regional boards . . . . . . . . . . . . . . . . . . . . . . . . . . . Meetings of regional boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attendance of corrective services officers or employees at regional board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual reports of regional boards . . . . . . . . . . . . . . . . . . . . . . . . Powers of corrections boards General powers of corrections boards . . . . . . . . . . . . . . . . . . . . . Powers of corrections board to require attendance . . . . . . . . . . . General Legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corrective services officers subject to direction of corrections board .......................................... Chief executive must prepare and give reports to board . . . . . . . Invalidity of acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authentication of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administration The chief executive Functions and powers of chief executive . . . . . . . . . . . . . . . . . . . Policies and procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Services and programs to help offenders. . . . . . . . . . . . . . . . . . . Monitoring devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Declaration of emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commissioner to provide police . . . . . . . . . . . . . . . . . . . . . . . . . . Community service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Engaged service providers Engaging service providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acts applying to engaged service providers. . . . . . . . . . . . . . . . . Review of engaged service provider . . . . . . . . . . . . . . . . . . . . . . Persons in charge Appointing persons in charge. . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 114 115 115 115 116 116 116 117 117 118 118 119 119 119 120 120 120 121 121 122 122 123 123 123 124 125 126 127

200 Part 4 201 202 203 204 205 206 207 208 Part 5 209 210 Part 6 211 212 213 214 215 216 Part 7 217 218 Part 8 219 220 221 222 223 Part 9 224 Part 11 231 232 Part 12 Division 1 233 8 Corrective Services Act 2000 Functions and powers of persons in charge. . . . . . . . . . . . . . . . . Corrective services officers Appointing corrective services officers . . . . . . . . . . . . . . . . . . . . . Powers of corrective services officers . . . . . . . . . . . . . . . . . . . . . Identity cards for corrective services officers . . . . . . . . . . . . . . . . Surrender of equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corrective services dogs and dog handlers . . . . . . . . . . . . . . . . . Use of corrective services dogs . . . . . . . . . . . . . . . . . . . . . . . . . . Corrective services dog may accompany officer . . . . . . . . . . . . . Application of local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Doctors Doctors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Doctor’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Official visitors Appointing official visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Frequency of official visits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Asking to see official visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Official visitor’s function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Official visitor’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Official visitor’s reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chaplains, elders, respected persons and spiritual healers Appointing chaplains . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointing elders, respected persons and spiritual healers . . . . . Inspectors Appointing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspector’s powers generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspector’s power to require information. . . . . . . . . . . . . . . . . . . . Inspector’s reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Volunteers Authorising volunteers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prisoners of the court Prisoners in proper officer of the court’s custody . . . . . . . . . . . . . Court cells . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Property Prisoner’s money Prisoners trust fund to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 127 128 128 128 129 129 130 130 130 131 131 132 132 133 134 135 135 135 136 136 137 137 138 138 139 139 140

234 235 236 237 238 Division 2 239 240 Part 13 241 Part 14 242 243 244 244A 245 Part 15 246 247 248 249 250 251 Part 16 252 253 254 Chapter 7 Part 1 Division 1 255 Division 2 256 257 258 259 260 9 Corrective Services Act 2000 Trust account records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payments to prisoner’s account . . . . . . . . . . . . . . . . . . . . . . . . . . Deductions from prisoner’s account . . . . . . . . . . . . . . . . . . . . . . . Investment of prisoners trust fund . . . . . . . . . . . . . . . . . . . . . . . . Remuneration for prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other property of prisoner Bringing property into facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of escape on property . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation Compensation for loss or damage of property . . . . . . . . . . . . . . . Information Concerned persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Confidential information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commissioner to provide criminal history. . . . . . . . . . . . . . . . . . . Traffic history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pre-sentence reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legal provisions Royal prerogative of mercy etc. not affected . . . . . . . . . . . . . . . . Interpretation of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Execution of warrant by corrective services officer . . . . . . . . . . . Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemption from tolls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions Transitional provisions for Act No. 63 of 2000 Continuation of Regional Boards Continuation of regional community corrections boards. . . . . . . . Continuing appointments Conditions of continuing appointments . . . . . . . . . . . . . . . . . . . . General manager of a prison . . . . . . . . . . . . . . . . . . . . . . . . . . . . Manager of a community corrections centre . . . . . . . . . . . . . . . . Correctional officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Doctors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 141 141 141 142 142 143 143 143 144 146 147 149 150 150 150 150 151 151 153 153 153 154 154 154 154 155 155

10 Corrective Services Act 2000 261 262 263 264 265 266 Division 3 267 268 268A 268B 268C 269 270 271 273 274 Part 3 274B 274C 274D 274E Part 4 274F Chapter 8 275 Schedule 1 Schedule 3 Chaplains . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Official visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corrective Services Advisory Council members . . . . . . . . . . . . . Board members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Volunteers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other transitional provisions References in Acts or documents. . . . . . . . . . . . . . . . . . . . . . . . . Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . All release to be dealt with under this Act . . . . . . . . . . . . . . . . . . Further provisions about transitional release circumstances . . . . Counting time if parole cancelled before 1 July 2001. . . . . . . . . . Custody of prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corrective services facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WORC and WCC programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prisoners trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corrective Services Amendment Act 2003 Conditional release orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exceptional circumstances parole conditions. . . . . . . . . . . . . . . . Prisoner in custody of administrator of authorised mental health service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Classified patient taken to be prisoner . . . . . . . . . . . . . . . . . . . . . Child Protection (Offender Reporting) Act 2004 Transfer of reporting obligations to Offender Reporting Act . . . . . Repeals Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ineligibility offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 155 155 156 156 157 157 157 158 159 161 162 162 163 163 163 163 164 164 164 165 165 166 169 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 182 182 183 183 186

11 Corrective Services Act 2000 7 List of forms notified or published in the gazette . . . . . . . . . . . . . . . . 190

s 1 13 s 3 Corrective Services Act 2000 Corrective Services Act 2000 [as amended by all amendments that commenced on or before 1 December 2005] An Act to provide for corrective services, and for related purposes Chapter 1 Preliminary 1 Short title This Act may be cited as the Corrective Services Act 2000 . 2 Commencement (1) Chapter 10 commences on assent. (2) The remaining provisions of this Act commence on a day to be fixed by proclamation. 3 Purpose (1) The purpose of corrective services is community safety and crime prevention through the humane containment, supervision and rehabilitation of offenders. (2) This Act recognises that every member of society has certain basic human entitlements, and that, for this reason, an offender’s entitlements, other than those that are necessarily diminished because of imprisonment or another court sentence, should be safeguarded. (3) This Act also recognises— (a) the need to respect an offender’s dignity; and (b) the special needs of some offenders by taking into account— (i) an offender’s age, gender or race; and

s 4 14 s 6 Corrective Services Act 2000 (ii) any disability an offender has; and (c) the culturally specific needs of Aboriginal and Torres Strait Islander offenders. 4 Definitions The dictionary in schedule 3 defines particular words used in this Act. 5 References to person in charge or prisoner (1) In a provision of this Act, a reference to the person in charge is a reference to the person in charge of a corrective services facility. (2) In a provision of this Act about a person in charge— (a) a reference to a corrective services facility is a reference to the facility of which the person is the person in charge; and (b) a reference to a prisoner is a reference to a prisoner at the corrective services facility of which the person is the person in charge. (3) In a provision of this Act about a prisoner, a reference to a corrective services facility is a reference to the facility at which the prisoner is accommodated. Chapter 2 Prisoners Part 1 Custody and admission of prisoners 6 Where persons to be detained (1) A person sentenced to a period of imprisonment, or required by law to be detained for a period of imprisonment, must be detained for the period in a corrective services facility.

s 7 15 s 7 Corrective Services Act 2000 (2) However— (a) if the period is 21 days or less—the person may be detained in a watch-house for part or all of the period; or (b) if the period is more than 21 days—the person may be detained in a watch-house until the person can be conveniently taken to a corrective services facility. (3) This section applies subject to— (a) the provisions of this Act that allow a prisoner to be lawfully outside a corrective services facility; and (b) the Criminal Code; and (c) the Juvenile Justice Act 1992; and (d) the Mental Health Act 2000; and (e) the ParliamentofQueenslandAct2001 , section 40(4)(a). 1 7 When persons in chief executive’s custody (1) If 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 corrective services facility for detention, under the control of a corrective services officer, the person is taken to be in the chief executive’s custody. (2) When admitted to a corrective services facility for detention, a person is taken to be in the chief executive’s custody. (3) Subsections (1) and (2) apply despite the provisions of a warrant committing the person into someone else’s custody. (4) Except for any time when the person is lawfully in another person’s custody, the person remains in the chief executive’s custody until discharged, even if the person is lawfully outside of a corrective services facility. 1 ParliamentofQueenslandAct2001 , section 40 (Assembly proceedings on contempt)

s 8 16 s 9 Corrective Services Act 2000 Examples of when a person is lawfully outside of a corrective services facility — 1 While the person is subject to a post-prison community based release order or a conditional release order. 2 When the person is being transferred between facilities or is attending court. (5) In a warrant committing a person to a corrective services facility, or requiring a prisoner to be produced to the keeper or officer in charge of a corrective services facility, a reference to the keeper or officer in charge of the facility is a reference to the chief executive. (6) The chief executive is taken to have custody of a person even if the person is in the physical custody of, or being supervised by, an engaged service provider. 8 When persons in commissioner’s custody (1) If 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 corrective services facility for detention, under the control of a police officer, the person is taken to be in the commissioner’s custody. (2) When admitted to a watch-house for detention, a person is taken to be in the commissioner’s custody, even if the person is lawfully outside of the watch-house, until the person— (a) is discharged; or (b) is lawfully given into another person’s custody. (3) Subsections (1) and (2) apply despite the provisions of a warrant committing the person into someone else’s custody. 9 Authority for admission to corrective services facility (1) A person must not be admitted to and detained in a corrective services facility unless the corrective services officer in charge of admitting prisoners at the facility is given— (a) a warrant for the person’s detention; or (b) a verdict and judgement record under the Criminal Practice Rules 1999 containing the name of the person

s 10 17 s 10 Corrective Services Act 2000 and particulars of the judgment pronounced on the person. (2) Despite the provisions of a warrant committing a person to a specified corrective services facility or to a watch-house, the person may be taken to and detained in a corrective services facility specified by the chief executive. 10 Identification of prisoners (1) The chief executive must establish a record that contains each prisoner’s details. (2) For the identification of a prisoner, a corrective services officer— (a) may photograph the prisoner; and (b) may take the prisoner’s fingerprints, palm prints, footprints, toe prints, eye prints or voiceprints. (3) The photos and prints must be destroyed if— (a) the prisoner is found not guilty of the offence for which the prisoner is being detained in custody, other than on the grounds of unsoundness of mind; or (b) proceedings for the offence for which the prisoner is being detained are discontinued or dismissed. (4) However, the photos or prints must not be destroyed if, for any part of the period of detention for the offence, the prisoner was also being detained for another offence— (a) of which the prisoner has been convicted; or (b) for which proceedings have not been discontinued or dismissed. (5) In this section— prisoner includes a person subject to a community based order.

s 11 18 s 12 Corrective Services Act 2000 11 Prisoner to be informed of entitlements and duties (1) When a prisoner is admitted to a corrective services facility for detention, the person in charge must inform the prisoner about— (a) the prisoner’s entitlements and duties under this Act; and (b) the administrative policies and procedures relevant to the prisoner’s entitlements and duties. (2) If the prisoner is illiterate or does not understand English, the person in charge must take reasonable steps to ensure the prisoner understands the things mentioned in subsection (1). (3) The person in charge— (a) must make a copy of this Act available to all prisoners; and (b) may make a copy of other legislation available to a prisoner. 12 Prisoner classifications (1) A prisoner on remand who is not serving a period of imprisonment is classified as— (a) high security; or (b) if the chief executive decides—maximum security. (2) When another prisoner is admitted to a corrective services facility for detention, the chief executive must classify the prisoner into 1 of the following classifications— (a) maximum security; (b) high security; (c) medium security; (d) low security; (e) open security. (3) When deciding a prisoner’s classification, the chief executive must consider all relevant factors, including for example—

s 12 19 s 12 Corrective Services Act 2000 (a) the risk of the prisoner to the community; (b) the nature of the offence for which the prisoner is charged or has been convicted; (c) the period of imprisonment the prisoner is serving; (d) whether the prisoner has any outstanding charges and the nature of the charges; (e) the prisoner’s criminal history (if any); (f) the prisoner’s escape history (if any); (g) the prisoner’s demonstrated attitude towards the sentence being served; (h) the likelihood of the prisoner being deported or extradited, and the prisoner’s demonstrated attitude towards the deportation or extradition; (i) the prisoner’s previous conduct in a corrective services facility, including whether the prisoner has committed an offence or breach of discipline or returned a positive test sample; (j) the prisoner’s previous conduct while subject to a community based order or post-prison community based order; (k) the prisoner’s medical history, including any psychological or psychiatric history; (l) the likely influence of the prisoner’s family relationships. (4) The chief executive must review a prisoner’s classification— (a) for a prisoner on remand—when the prisoner is sentenced to a term of imprisonment; and (b) for a prisoner whose term of imprisonment is changed by a court order—when the court orders the change; and (c) for other prisoners—at intervals of not longer than 6 months. (5) The chief executive may make different arrangements for the management of prisoners of different classifications.

s 13 20 s 14 Corrective Services Act 2000 13 Accommodation (1) Whenever practicable, each prisoner in a corrective services facility must be provided with his or her own accommodation. (2) A prisoner who is under 18 years must be kept apart from other prisoners who are 18 years or older unless it is in the prisoner’s best interests not to be kept apart. Examples for subsection (2) — 1 A young Aboriginal prisoner may be accommodated with older prisoners to enable the young prisoner to be with a family member. 2 A young prisoner may be accommodated with older prisoners to allow the young prisoner to participate in a WORC program. Part 2 Management of prisoners Division 1 Management of prisoners generally 14 Directions to prisoners (1) A corrective services officer may give a prisoner a direction that the officer reasonably believes to be necessary— (a) for the welfare or safe custody of the prisoner or other prisoners; or (b) for the security or good order of a corrective services facility; or (c) to ensure compliance with an order given or applying to the prisoner; or Example — A corrective services officer could give a prisoner a direction the officer reasonably believes to be necessary for searching the prisoner under an order, given by a person in charge under section 26A (Strip searches generally), that applies to the prisoner. (d) to ensure a prisoner attends at a place to enable a DNA sampler to take a DNA sample from the prisoner under

s 15 21 s 15 Corrective Services Act 2000 the Police Powers and Responsibilities Act 2000 , section 314 or 315 or chapter 8A, part 5, division 4; 2 or (e) to ensure the prisoner or another prisoner does not commit— (i) an offence against this Act or another Act; or (ii) a breach of discipline. (2) Directions under this section may be given in writing or orally, and may apply generally or be limited in their application. 15 Medical examination or treatment (1) A prisoner must submit to a medical examination or treatment by a doctor if the doctor considers the prisoner requires medical attention. (2) A prisoner must submit to an examination by a doctor or psychologist if the chief executive or person in charge orders the examination to— (a) assign a classification to the prisoner; or (b) decide where to initially place the prisoner; or (c) decide whether to transfer the prisoner to another place; or (d) decide the prisoner’s suitability to participate in an approved activity or program; or (e) decide the prisoner’s suitability for leave of absence or early discharge or release. (3) A prisoner must submit to examinations by 2 psychiatrists as required— (a) under a risk assessment order under the DangerousPrisoners (Sexual Offenders) Act 2003 , section 8(2)(a); or 2 See the Police Powers and Responsibilities Act 2000 , section 314 (Taking DNA sample from prisoner in corrective services facility) or 315 (Taking DNA sample from transferred prisoner) or chapter 8A, part 5, division 4 (Taking DNA samples from prisoners released under post-prison community based release orders). Section 314 and chapter 8A, part 5, division 4 expired on 2 February 2005.

s 16 22 s 16 Corrective Services Act 2000 (b) by the chief executive if the chief executive must arrange for the examinations under section 29 of that Act. 3 (4) For a medical examination or treatment, a doctor may— (a) take a sample of a prisoner’s blood or another bodily substance; or (b) order a prisoner to provide a sample of the prisoner’s urine or another bodily substance and give the prisoner directions about the way in which the sample is to be provided. (5) A prisoner must comply with an order made or direction given under subsection (3)(b). (6) If a prisoner does not submit to an examination or treatment, the doctor and anyone acting at the doctor’s direction may use the force that is reasonably necessary to complete the examination or treatment. (7) A doctor may authorise another person to examine or treat a prisoner if— (a) the doctor— (i) is authorised or required to carry out the examination or give the treatment; or (ii) would, if qualified to carry out the examination or give the treatment, be so authorised or required; and (b) the other person is qualified to carry out the examination or give the treatment. 16 Private medical examination or treatment (1) A prisoner may apply to the chief executive in writing for approval to be examined or treated by a doctor or psychologist nominated by the prisoner. (2) The chief executive may give the approval if satisfied— 3 Dangerous Prisoners (Sexual Offenders) Act 2003 , section 8 (Preliminary hearing) or 29 (Psychiatric reports to be prepared for review)

s 17 23 s 18 Corrective Services Act 2000 (a) the application is not frivolous or vexatious; and (b) the prisoner is able to pay for the examination or treatment and associated costs; and (c) the doctor or psychologist nominated by the prisoner is willing and available to examine or treat the prisoner. (3) The prisoner must pay for the examination or treatment and associated costs. (4) The chief executive must consider any report or recommendations made by the nominated doctor or psychologist, but is not bound by them. 17 Dangerously ill prisoners If the person in charge, or a doctor appointed to a corrective services facility, considers a prisoner to be dangerously ill or seriously injured, the person in charge must immediately notify— (a) the person nominated by the prisoner as the prisoner’s contact person; and (b) a chaplain; and (c) for an Aboriginal or Torres Strait Islander prisoner— (i) an Aboriginal or Torres Strait Islander legal service that represents the area in which the facility is located; and (ii) if practicable, an elder, respected person or indigenous spiritual healer who is relevant to the prisoner. 18 Death of prisoner (1) If a prisoner dies, the person in charge must, as soon as practicable, notify— (a) if the corrective services facility is a prison—a doctor appointed to the facility; and (b) the police officer in charge of the police station nearest to the place where the prisoner died; and

s 19 24 s 20 Corrective Services Act 2000 (c) the person nominated by the prisoner as the prisoner’s contact person; and (d) a chaplain; and (e) for an Aboriginal or Torres Strait Islander prisoner— (i) an Aboriginal or Torres Strait Islander legal service that represents the area in which the prisoner died; and (ii) if practicable, an elder, respected person or indigenous spiritual healer who is relevant to the prisoner. (2) The chief executive must keep records, prescribed under a regulation, of the prisoner’s death. 19 Registration of birth (1) A birth certificate made for a child whose mother or father is, or was when the child was born, a prisoner must not— (a) state that fact; or (b) contain any information from which that fact can reasonably be inferred. (2) If the showing of an address that is required by the Births,DeathsandMarriagesRegistrationAct2003 to be shown would contravene subsection (1)(a), the address must be shown as the city or town in which, or nearest to which, the address is situated. 20 Children living in facilities (1) This section applies if a female prisoner— (a) gives birth to a child during her period of imprisonment; or (b) has custody of a child, whether or not the prisoner is the child’s mother. (2) On admission to the facility, the prisoner must be informed— (a) that she may apply to the person in charge to have the child accommodated with her; and

s 21 25 s 21 Corrective Services Act 2000 (b) that if she does apply and her application is successful, she will have primary responsibility for the child’s care and safety, including all costs associated with that care. (3) The following persons may apply to the person in charge to have the child accommodated with a prisoner— (a) the prisoner; (b) the chief executive of the department in which the ChildProtection Act 1999 is administered. (4) The person in charge may grant the application only if— (a) there is suitable accommodation in the facility for the child; and (b) the child has not started primary school; and (c) the child is immunised in accordance with the recommendations of the department in which the HealthServices Act 1991 is administered; and (d) the child is not subject to a court order requiring the child to live with someone else; and (e) if the child is under the care of the department in which the Child Protection Act 1999 Act is administered—the chief executive of that department has consented; and (f) it is in the child’s best interests. (5) In deciding what is in the child’s best interests, the person in charge must consult with— (a) the chief executive of the department in which the ChildProtection Act 1999 is administered; and (b) if the child is an Aboriginal or Torres Strait Islander person—representatives from the relevant Aboriginal or Torres Strait Islander community. 21 Removing child from facility (1) The person in charge may remove a child being accommodated with a prisoner from the facility if— (a) a court orders that the child live with another person; or (b) it is in the child’s best interest; or

s 22 26 s 24 Corrective Services Act 2000 (c) the prisoner with whom the child is accommodated requests it; or (d) the child starts primary school; or (e) the prisoner with whom the child is accommodated is transferred to another facility and the other facility can not provide appropriate accommodation for the child; or (f) it is in the interests of the good order and management of the facility. (2) However, separation of a child from a prisoner with whom the child is accommodated must not be used as a form of discipline. 22 Reviewing decisions about children A female prisoner may apply to the chief executive to review a decision of a person in charge to— (a) refuse the prisoner’s application to have a child accommodated with her in a corrective services facility; or (b) remove a child being accommodated with the prisoner from the facility. 23 Marriage (1) A person in the chief executive’s custody must notify the chief executive, in writing, before lodging a notice of intention to marry under the Marriage Act 1961 (Cwlth). Maximum penalty—20 penalty units. (2) A prisoner may be married in a corrective services facility only with the chief executive’s approval and the marriage must be conducted in the way decided by the chief executive. 24 Change of name A person in the chief executive’s custody must notify the chief executive, in writing, before changing his or her name by deed poll.

s 25 27 s 26 Corrective Services Act 2000 Maximum penalty—20 penalty units or 6 months imprisonment. Division 2 Search of prisoners 25 Power to search (1) The person in charge may, at any time, order a corrective services officer— (a) to conduct a scanning search, general search or personal search of a prisoner; or (b) to search a prisoner’s accommodation. (2) Also, a corrective services officer may conduct a scanning search, general search or personal search of a prisoner if the officer reasonably suspects the prisoner possesses something that jeopardises or is likely to jeopardise— (a) the security or good order of the corrective services facility; or (b) the safety of persons in the corrective services facility. (3) A power under this Act to search a prisoner in any way includes a power to search anything in the prisoner’s possession. (4) A power under this Act to search a prisoner in any way may be exercised on the day on which the prisoner is discharged or released. 26 Personal searches (1) The person in charge of a secure facility may give an order for the personal searching of prisoners whenever they leave a part of the facility, stated in the order, where prisoners have access to concealable prohibited things. Example of part of a facility — A kitchen or workshop. (2) A search may be carried out only by a corrective services officer of the same gender as the prisoner.

s 26A 28 Corrective Services Act 2000 s 26A 26A Strip searches generally (1) The chief executive is authorised to give directions, by instrument in writing, to a person in charge of a corrective services facility requiring the strip searching of prisoners as stated in the directions, including, for example, at the times stated in the directions. (2) The person in charge must order prisoners to be strip searched as required under the directions. (3) An order under subsection (2) does not apply to a prisoner if, because of the prisoner’s exceptional circumstances, the person in charge considers it unnecessary for the prisoner to be strip searched. Example of operation of subsection (3) — An instrument under subsection (1) directs, as 1 of the times when prisoners must be strip searched, the time when a prisoner enters a corrective services facility that is a secure facility. A pregnant prisoner returns to a secure facility from an escorted antenatal visit, and the officer who escorted the prisoner advises that the prisoner had no likely opportunity to obtain a prohibited thing while on the visit. The person in charge may direct that the prisoner not be strip searched. (4) The person in charge of a corrective services facility may give an order for the strip searching of a prisoner if either or both of the following apply— (a) the person in charge is satisfied that the strip searching is necessary for the security or good order of the facility; (b) the person in charge is satisfied that the strip searching is necessary for the safe custody and welfare of prisoners at the facility. Example — A knife is missing from the kitchen of a secure facility. The person in charge may be satisfied that the strip searching of each prisoner who worked in the kitchen that day is necessary for the security or good order of the corrective services facility or for the safe custody and welfare of prisoners at the facility. (5) A strip search may be preceded by another less intrusive search.

s 27 29 s 28 Corrective Services Act 2000 27 Strip searches on reasonable suspicion The person in charge of a corrective services facility may order a prisoner to be strip searched if the person in charge reasonably suspects the prisoner has a prohibited thing concealed on the prisoner’s person. 27A Strip search requirements (1) A strip search must be carried out— (a) only by a corrective services officer of the same gender as the prisoner; and (b) by at least 2 corrective services officers, but by no more officers than are reasonably necessary to carry out the search. (2) A corrective services officer carrying out the search— (a) must ensure, as far as reasonably practicable, that the way in which the prisoner is searched causes minimal embarrassment to the prisoner; and (b) must take reasonable care to protect the prisoner’s dignity; and (c) must carry out the search as quickly as reasonably practicable; and (d) must allow the prisoner to dress as soon as the search is finished. (3) A regulation may prescribe other requirements and procedures for ensuring the effective carrying out of strip searches. 28 Body searches (1) The person in charge may authorise a doctor to conduct a body search of a prisoner if the person in charge reasonably believes— (a) the prisoner has ingested something that may jeopardise the prisoner’s health or well being; or (b) the prisoner has a prohibited thing concealed within his or her person that may potentially be used in a way that

s 29 30 s 30 Corrective Services Act 2000 may pose a risk to the security or good order of the corrective services facility; or (c) the search may reveal evidence of the commission of an offence or breach of discipline by the prisoner. (2) A nurse must be present during the body search, and if the doctor is not of the same gender as the prisoner, the nurse must be of the same gender. (3) If the doctor reasonably requires help to conduct the body search, the doctor may ask another person to help the doctor. (4) The other person must, except in an emergency, be of the same gender as the prisoner. (5) The doctor may seize anything discovered during the body search if— (a) seizing the thing would not be likely to cause grievous bodily harm to the prisoner; and (b) the doctor reasonably believes the thing may be evidence of the commission of an offence or breach of discipline by the prisoner. (6) The doctor must give a seized thing, as soon as practicable, to a corrective services officer. 29 Register of searches The person in charge must establish a register that records the details of each strip or body search, including for example— (a) the names of the persons present; and (b) details of anything seized from the prisoner. 30 Who may be required to give test sample (1) The chief executive may require the following persons to give a test sample of the type the chief executive requires— (a) a prisoner; (b) an offender, if it is required by— (i) a conditional release order; or

s 31 31 s 33 Corrective Services Act 2000 (ii) post-prison community based release order; or (iii) a court order. (2) The chief executive must give the person the results of any tests conducted on the test sample as soon as practicable after the chief executive receives them. 31 Random testing (1) The chief executive may require a number of randomly selected prisoners at a corrective services facility to give test samples. (2) No record must be made to identify the donor of a test sample. (3) The results of any tests conducted on the test samples must be used only for statistical purposes. (4) In this section— randomly selected prisoners means prisoners selected by a computer programmed to make a random selection of names from prisoner records. test sample means a sample of breath or urine. 32 Giving test samples (1) The person in charge, a doctor or a nurse may give a prisoner directions about the way the prisoner must give a test sample required by the chief executive. (2) Only a doctor or nurse may take a blood sample. (3) A doctor or nurse, and anyone acting in good faith at the direction of the doctor or nurse, may use the force that is reasonably necessary to enable the doctor or nurse to take the sample. 33 Consequences of positive test samples (1) If a prisoner gives a positive test sample— (a) the test result may be considered when assessing the prisoner’s classification; and

s 34 32 s 34 Corrective Services Act 2000 (b) the prisoner may be required to undertake a medical or behavioural treatment program. (2) Subsection (1) may apply in addition to the prisoner being dealt with for the commission of an offence or a breach of discipline. (3) When acting under subsection (1), a corrective services officer must take into account the circumstances of the case and the prisoner’s needs. (4) A prisoner is taken to have given a positive test sample if the prisoner— (a) refuses to supply a test sample; or (b) fails to supply a test sample within a reasonable time, unless the prisoner has a reasonable excuse; or Example of a reasonable excuse — A medical condition that prevents the prisoner from supplying a test sample within the time it might reasonably take another prisoner who does not have the medical condition to supply the sample. (c) alters or invalidates the results of a test sample; or (d) attempts to alter or invalidate the results of a test sample; or (e) tampers, or attempts to tamper, with a test sample. Division 3 Mail and phone calls 34 Prisoner’s mail at prisoner’s own expense (1) A prisoner must purchase anything required for the prisoner’s mail. (2) However, if the person in charge is satisfied that a prisoner does not have enough money to pay the postage costs, the costs may be paid for by the chief executive. (3) In this case, the prisoner may post a letter no more than twice a week, unless otherwise approved by the person in charge.

s 35 33 s 36 Corrective Services Act 2000 (4) If a prisoner is participating in an approved program that requires the prisoner to send things by mail, the postage costs must be paid for by the chief executive. 35 Opening, searching and censoring mail (1) The person in charge may open, search and censor a prisoner’s mail, other than privileged mail. (2) The person in charge may open and search a prisoner’s privileged mail, in the prisoner’s presence, if the person in charge reasonably suspects the mail contains— (a) something that may physically harm the person to whom it is addressed; or (b) a prohibited thing. (3) However, the person in charge must not read the privileged mail without the prisoner’s written consent. (4) Once searched, a prisoner’s mail must be immediately delivered to the person to whom it is addressed. (5) If a search of a prisoner’s mail reveals information about the commission of an offence, the person in charge must give the information to the relevant law enforcement agency. (6) In this section— search means search by— (a) an electronic scanning device; or (b) a physical search. 36 Phone calls (1) A prisoner may— (a) make 1 phone call on admission to a corrective services facility, at the chief executive’s expense; and (b) phone approved persons at approved numbers, at the prisoner’s own expense. (2) However, the chief executive may pay for a call mentioned in subsection (1)(b) if the person in charge considers there is sufficient reason to do so.

s 37 34 s 37 Corrective Services Act 2000 (3) The person in charge may decide the length and frequency of phone calls. (4) A prisoner at a prison must not receive phone calls from outside the prison, except in the event of a family or other personal emergency and with the consent of the person in charge. (5) A prisoner must not— (a) call an approved number knowing that the call will be diverted to another number to allow the prisoner to contact someone other than an approved person; or (b) intentionally continue with a call that— (i) the prisoner knows is diverted from an approved number to another number; and (ii) allows the prisoner to contact someone other than an approved person; or (c) call an approved number and ask the person called to make a conference call to someone else. Maximum penalty for subsection (5)—6 months imprisonment. (6) In this section— approved means approved by the person in charge. 37 Recording or monitoring phone calls and electronic communications (1) A corrective services officer may record or monitor a phone call or electronic communication to or from a prisoner. (2) However, a corrective services officer must not record or monitor an authorised call or communication between a prisoner and— (a) the prisoner’s lawyer; or (b) an officer of a law enforcement agency; or (c) the ombudsman. (3) The parties to each phone call or electronic communication to or from a prisoner, other than an authorised call or

s 38 35 s 38 Corrective Services Act 2000 communication, must be advised that the call or communication might be recorded and monitored. (4) A corrective services officer may end a phone call or electronic communication if the officer reasonably considers it constitutes— (a) an offence; or (b) a breach of a court order; or (c) a threat to the security or good order of a corrective services facility. (5) If a phone call or electronic communication reveals information about the commission of an offence, the person in charge must give the information to the relevant law enforcement agency. (6) In this section— authorised call or communication means a phone call or electronic communication that the chief executive has authorised to be made. Division 4 Special treatment orders 38 Special treatment orders (1) The person in charge may make an order (a special treatment order ) that a prisoner receive special treatment. (2) The person in charge may make a special treatment order only if it is for— (a) the prisoner’s safety; or (b) the security or good order of the corrective services facility. (3) The order must— (a) specify the conditions, prescribed under a regulation, that apply to the prisoner’s treatment; and (b) be for a period of no more than 7 days, unless the chief executive otherwise approves.

s 39 36 s 39 Corrective Services Act 2000 (4) While a prisoner is receiving special treatment under the order— (a) the prisoner does not forfeit any privileges, other than the privileges that the prisoner can not practicably receive while receiving special treatment; and (b) there must be as little change as possible to the conditions of the prisoner’s imprisonment. 39 Review of special treatment orders (1) If a prisoner is ordered to receive special treatment for a period of more than 1 month, the official visitor must review the order— (a) as near as practicable to the end of the first month; and (b) then, at intervals of not more than 1 month until the period ends. (2) If a prisoner is ordered to receive special treatment for a period of more than 3 days, the prisoner may ask the person in charge to refer the order to an official visitor for review. (3) The person in charge must refer the order to an official visitor as soon as practicable. (4) The official visitor must review the order as soon as practicable. (5) When reviewing an order, the official visitor may exercise the powers mentioned in section 215. 4 (6) After completing a review, the official visitor must— (a) recommend to the person in charge whether the order should be confirmed, amended or cancelled; and (b) if the official visitor recommends that the order be amended by reducing the period of special treatment, or that the order be cancelled—recommend to the person in charge what should be done about any privileges forfeited by the prisoner while receiving special treatment. 4 Section 215 (Official visitor’s powers)

s 40 37 s 41 Corrective Services Act 2000 (7) On receiving the official visitor’s recommendation, the person in charge must— (a) consider the recommendation; and (b) either— (i) confirm the order; or (ii) amend the order; or (iii) cancel the order and substitute another order. (8) To remove doubt, it is declared that the person in charge is not bound by the official visitor’s recommendation. 40 Medical examination A doctor must examine a prisoner ordered to receive a period of special treatment— (a) as soon as practicable after the period starts; and (b) after the first examination, at intervals that are, to the greatest practicable extent, of not more than 7 days; and (c) as soon as practicable after the period ends. 41 Records (1) The person in charge must record the details of each prisoner who is subject to a special treatment order. (2) The details must include— (a) the prisoner’s name, identification number and age; and (b) the dates the prisoner was examined under section 40; and (c) if the order was reviewed— (i) the date when the review was undertaken; and (ii) the name of the official visitor who reviewed the order; and (iii) the decision of the person in charge.

s 42 38 s 43 Corrective Services Act 2000 Division 5 Crisis support orders 42 Crisis support orders (1) The person in charge may make an order (a crisis support order ) that a prisoner be admitted to a crisis support unit or health centre in the corrective services facility only if— (a) a corrective services officer advises the person in charge that the officer reasonably believes there is a risk that the prisoner may harm himself or herself; or (b) a doctor or psychologist advises the person in charge that the doctor or psychologist reasonably believes there is a risk that the prisoner may harm himself, herself or someone else. (2) The order must not be for a term longer than— (a) if made under subsection (1)(a)—5 days or a shorter time it takes for a doctor or psychologist to examine the prisoner; or (b) if made under subsection (1)(b)—3 months. (3) The prisoner may be segregated from other prisoners who are in the crisis support unit or health centre if it is reasonably necessary to reduce the risk of the prisoner harming— (a) himself or herself; or (b) someone else, including other prisoners. 43 Consecutive crisis support orders (1) The person in charge may make another crisis support order for a prisoner to take effect at the end of an existing crisis support order. (2) However, if the existing order was made on the advice of a corrective services officer, another order may be made only on the advice of a doctor or psychologist. (3) The order must be made no earlier than 14 days before the end of existing order.

s 44 39 s 45 Corrective Services Act 2000 (4) However, the person in charge must not make the order unless— (a) not more than 28 days before the end of the existing order, the person in charge gives written notice to the prisoner advising the prisoner that— (i) the person in charge is about to consider whether another order should be made; and (ii) the prisoner may, within 14 days after receiving the written notice, make submissions to the person in charge about anything relevant to the decision about making the order; and (b) the person in charge considers any submission the prisoner makes under paragraph (a)(ii). 44 Review of crisis support orders (1) If the term of a crisis support order is longer than 2 months, the prisoner may ask the person in charge to review the order. (2) The person in charge must refer the order to a doctor or psychologist, other than a doctor or psychologist on whose advice the order was made, for review as soon as practicable. (3) The doctor or psychologist must review the order as soon as practicable. (4) After completing the review, the doctor or psychologist must recommend to the person in charge whether the order should be confirmed or cancelled. (5) On receiving the recommendation of the doctor or psychologist, the person in charge must— (a) consider the recommendation; and (b) confirm or cancel the order. 45 Medical examination A doctor must examine a prisoner accommodated in a crisis support unit or health centre— (a) as soon as practicable after the prisoner is admitted to the crisis support unit or health centre; and

s 46 40 s 47 Corrective Services Act 2000 (b) after the first examination, at intervals that are, to the greatest practicable extent, of not more than 7 days. 46 Records (1) The person in charge must record the details of each prisoner who has been admitted to a crisis support unit or health centre. (2) The details must include— (a) the prisoner’s name, identification number and age; and (b) the name of any doctor or psychologist on whose advice the prisoner was accommodated in the crisis support unit or health centre; and (c) the dates the prisoner was examined under section 45; and (d) the dates the prisoner was admitted and discharged from the crisis support unit or health centre; and (e) if the crisis support order was reviewed— (i) the date when the review was undertaken; and (ii) the name of the doctor or psychologist who reviewed the order; and (iii) the decision of the person in charge. Division 6 Maximum security orders 47 Maximum security orders (1) The chief executive may make an order (a maximum security order ) that a prisoner be accommodated in a maximum security facility. (2) The order may be made only if— (a) the prisoner is classified as maximum security; 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;

s 48 41 s 49 Corrective Services Act 2000 (ii) there is a high risk the prisoner will inflict death or serious injury on other prisoners or other persons with whom the prisoner may come into contact; (iii) generally, the prisoner is a substantial threat to the security or good order of the facility. (3) The term of the order must not be longer than 6 months. 48 Consecutive maximum security orders (1) The chief executive may make another maximum security order for a prisoner to take effect at the end of an existing maximum security order. (2) The order must be made no earlier than 14 days before the end of the existing order. (3) However, the chief executive must not make the order unless— (a) not more than 28 days before the end of the existing order, the chief executive gives written notice to the prisoner advising the prisoner that— (i) the chief executive is about to consider whether another 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 order; and (b) the chief executive considers any submission the prisoner makes under paragraph (a)(ii). 49 Other matters about maximum security orders (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) the prisoner is to receive privileges. (2) The privileges the prisoner may receive while under the maximum security order must be limited to privileges—

s 50 42 s 50 Corrective Services Act 2000 (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 pose a risk to the security or good order of the facility. (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. 50 Review of maximum security orders (1) A prisoner accommodated in a maximum security facility under a maximum security order may ask the person in charge to refer the order to an official visitor for review. (2) The person in charge must refer the order to an official visitor as soon as practicable. (3) The official visitor must review the order as soon as practicable. (4) If the term of the order is 3 months or less, the prisoner may not ask for the order to be referred more than once. (5) If the term of the order is more than 3 months, the prisoner may not ask for the order to be referred more than twice. (6) Despite subsections (4) and (5), the prisoner may also ask for the order to be referred to an official visitor if the chief executive amends the order, other than under subsection (9). (7) When reviewing the order, the official visitor may exercise the powers mentioned in section 215. 5 (8) After completing the review, the official visitor must recommend to the chief executive whether the order should be confirmed, amended or cancelled. (9) On receiving the recommendation of the official visitor, the chief executive must— (a) consider the recommendation; and (b) confirm, amend or cancel the order. 5 Section 215 (Official visitor’s powers)

s 51 43 s 52 Corrective Services Act 2000 (10) To remove doubt, it is declared that the chief executive is not bound by the official visitor’s recommendation. 51 Medical examination (1) A doctor 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 order ceases to have effect. (2) For subsection (1), 2 or more orders running consecutively are taken to be 1 order. 52 Records (1) The chief executive must record the details of each prisoner who is subject to a maximum security order. (2) The details must include— (a) the prisoner’s name, identification number and age; and (b) the dates the prisoner was examined under section 51; and (c) if the order was reviewed— (i) the date when the review was undertaken; and (ii) the name of the official visitor who reviewed the order; and (iii) the decision of the chief executive.

s 53 44 s 53 Corrective Services Act 2000 Division 7 Transfer and removal of prisoners 53 Transfer to another facility or a health institution (1) A corrective services officer may make an order that transfers a prisoner from a corrective services facility to— (a) another corrective services facility; or (b) a place for— (i) medical or psychological examination or treatment; or (ii) the examination or treatment of substance dependent persons. (2) The order may include the conditions the officer considers reasonably necessary to effect the transfer. (3) The prisoner must be escorted by a corrective services officer or police officer. (4) The prisoner may be detained in a place for as long as is necessary or convenient to give effect to the order. (5) A prisoner who has been or is about to be transferred from a corrective services facility to another corrective services facility, other than a prisoner transferred as an initial placement after admission, may ask the chief executive to review the decision. (6) The chief executive may confirm, amend or cancel the decision. (7) The chief executive’s decision is not subject to appeal or further review under this Act. (8) If a prisoner is transferred to an authorised mental health service and becomes a classified patient under the MentalHealth Act 2000 , the patient is taken to be in the custody of the administrator of the patient’s treating health service under that Act.

s 54 45 s 55 Corrective Services Act 2000 54 Transfer to court (1) The chief executive must produce a prisoner at the time and place, and for the purpose, stated in a court order or an attendance authority. (2) A party to a civil proceeding who requires a prisoner to attend court must pay the chief executive the expenses for the prisoner’s attendance. (3) The transfer of a prisoner to a court must be authorised by an order of the chief executive, even if it is required by a court order or an attendance authority. (4) In this section— attendance authority means— (a) a summons under the Justices Act 1886 ; or (b) a notice to appear under the PolicePowersandResponsibilities Act 2000 . civil proceeding does not include— (a) a criminal proceeding; or (b) a proceeding relating to official misconduct alleged against an officer of the department. court includes a tribunal or person with power to compel persons to attend before it, him or her. 55 Removal of prisoner for law enforcement purposes (1) A person may apply to the chief executive, in the approved form, for a prisoner to be removed from a corrective services facility to another place to enable— (a) the prisoner to provide information to a law enforcement agency to help the agency discharge its law enforcement functions; or (b) a law enforcement agency to question the prisoner about an indictable offence alleged to have been committed by the prisoner. (2) The chief executive may allow the prisoner to be removed only if the prisoner, in the presence of an official visitor, agrees in writing.

s 56 46 s 56 Corrective Services Act 2000 (3) The prisoner may be removed only by a corrective services officer or police officer. (4) While the prisoner is absent from the corrective services facility, the prisoner is taken to be in the custody of the chief executive of the law enforcement agency. Division 8 WORC and WCC programs 56 WORC and WCC programs (1) The chief executive may approve a program as a WORC or WCC program. (2) The chief executive may, by written order (a community work order ), grant approval for a prisoner to participate in— (a) for a male prisoner—a WORC program; or (b) for a female prisoner—a WCC program. (3) A prisoner participating in a WORC or WCC program must perform community service as directed by a corrective services officer. (4) A community work order may include a condition that the chief executive considers reasonably necessary to— (a) help the prisoner’s reintegration into the community; or (b) ensure the prisoner’s good conduct; or (c) stop the prisoner committing an offence. (5) The chief executive must give a copy of the order to the prisoner. (6) The prisoner must— (a) keep the copy of the order in the prisoner’s possession while participating in the program; and (b) produce the copy of the order for inspection by a police officer or a corrective services officer if the officer asks the prisoner to do so.

s 57 47 s 57 Corrective Services Act 2000 57 Eligibility for WORC and WCC programs (1) A prisoner is not eligible to participate in a WORC or WCC program if— (a) the prisoner has been charged with an offence that has not been dealt with; or (b) the chief executive is aware of an unexecuted warrant relating to the prisoner; or (c) a deportation or extradition order has been made against the prisoner; or (d) the State has appealed against the prisoner’s sentence; or (e) for a WORC program— (i) the prisoner has been convicted of an offence against a provision mentioned in schedule 1; 6 or (ii) the prisoner has been— (A) convicted of an offence against the Criminal Code 7 — • section 328A; or • section 419(1) and the circumstances mentioned in section 419(3)(b)(iii) or (iv) applied; or • section 421(2); and (B) the conviction is, under the PenaltiesandSentencesAct1992, section 161A, a conviction of a serious violent offence. (2) When deciding whether to allow a prisoner to participate in a WORC or WCC program, the chief executive must consider— (a) any recommendation of the sentencing court; and 6 Schedule 1 (Ineligibility offences) 7 CriminalCode, section 328A (Dangerous operation of a vehicle), section 419 (Burglary) or section 421 (Entering or being in premises and committing indictable offences)

s 58 48 s 59 Corrective Services Act 2000 (b) the risk the prisoner may pose to the community, including for example, by considering— (i) whether the prisoner is likely to escape; and (ii) the risk of physical or psychological harm to a member of the community and the degree of risk; and (iii) the prisoner’s classification; and (c) anything else the chief executive considers relevant. Division 9 Leave of absence 58 Leave of absence (1) The chief executive may, by written order, grant a prisoner— (a) leave for community service ( community service leave ); or (b) leave for compassionate reasons ( compassionate leave ); or (c) leave for educational or vocational activities ( educational leave ); or (d) leave for medical, dental or optical treatment ( health leave ); or (e) leave for resettlement purposes ( resettlement leave ); or (f) leave for another purpose that justifies the granting of leave. (2) The chief executive may grant leave on reasonable conditions stated in the order. (3) The chief executive may order that the prisoner remain in the physical custody of, or be supervised by, a corrective services officer during the leave. 59 Compassionate leave (1) Compassionate leave may be granted to enable a prisoner— (a) to visit a relative who is seriously ill; or

180 Corrective Services Act 2000 Schedule 3 (continued) special need of an offender means a need the offender has, compared to the general offender population, because of the offender’s— (a) age; or (b) disability; or (c) gender; or (d) race. Example of a special need — The culturally specific needs of Aboriginal and Torres Strait Islander offenders. special treatment order see section 38(1). strip search means a search in which a prisoner removes all garments during the course of the search, but in which direct contact is not made with the prisoner. term of imprisonment see the PenaltiesandSentencesAct1992 , section 4. 42 test sample means a sample of blood, breath, hair, saliva or urine. unlawfully at large , in relation to a prisoner, means the prisoner remains in the community after any of the following orders has been suspended or cancelled or, other than for a conditional release order, parole order or exceptional circumstances parole order, has expired or is otherwise no longer in force— (a) a leave of absence order; (b) an interstate leave permit; (c) a community work order; 42 Penalties and Sentences Act 1992 , section 4— term of imprisonment means the duration of imprisonment imposed for a single offence, and includes the imprisonment an offender is serving, or is liable to serve— (a) for default in payment of a single fine; or (b) for failing to comply with a single order of a court.

181 Corrective Services Act 2000 Schedule 3 (continued) (d) a conditional release order; (e) a release to work order; (f) a home detention order; (g) a parole order; (h) an exceptional circumstances parole order. volunteer see section 224(1). warrant includes— (a) a warrant issued by the chief executive; and (b) an order committing a person into custody. Example of an order — An order under the Migration Act 1958 (Cwlth). WCC program means a program approved as a WCC program under section 56(1). WCC site means a place declared to be a WCC site under section 120(1)(a). WORC program means a program approved as a WORC program under section 56(1). WORC site means a place declared to be a WORC site under section 120(1)(a).

182 Corrective Services Act 2000 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .182 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .182 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .183 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .183 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .186 7 List of forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . . . . .190 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 December 2005. Future amendments of the Corrective Services Act 2000 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = 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 Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

183 Corrective Services Act 2000 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B 1C 1D 1E 1F Amendments to 2001 Act No. 24 2001 Act No. 74 2001 Act No. 74 2001 Act No. 81 2001 Act No. 81 2001 Act No. 81 2001 Act No. 81 Effective 1 July 2001 13 November 2001 3 December 2001 1 January 2002 1 March 2002 1 May 2002 6 June 2002 Reprint date 2 July 2001 23 November 2001 7 December 2001 15 January 2002 8 March 2002 3 May 2002 14 June 2002 Reprint No. 1G 1H 1I 1J 1K 2 2A 2B 2C 2D 2E 2F 2G 2H 2I Amendments included 2002 Act No. 40 2002 Act No. 74 2003 Act No. 3 2003 Act No. 19 2003 Act No. 40 2003 Act No. 48 2003 Act No. 92 2003 Act No. 31 2003 Act No. 49 2003 Act No. 83 2004 Act No. 53 2004 Act No. 52 2005 Act No. 10 2005 Act No. 32 2005 Act No. 48 Effective 29 August 2002 1 April 2003 1 May 2003 9 May 2003 6 June 2003 1 October 2003 3 December 2003 1 February 2004 2 February 2004 7 November 2004 29 November 2004 1 January 2005 29 April 2005 18 August 2005 1 December 2005 Notes 5 List of legislation Corrective Services Act 2000 No. 63 date of assent 24 November 2000 ss 1–2 ch 10 commenced on date of assent remaining provisions commenced 1 July 2001 (2001 SL No. 88) amending legislation— Psychologists Registration Act 2001 No. 15 ss 1–2, 255 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 May 2002 (2002 SL No. 77)

184 Corrective Services Act 2000 Corrective Services Amendment Act 2001 No. 24 date of assent 25 May 2001 commenced on date of assent Animal Care and Protection Act 2001 No. 64 pt 1 s 230 date of assent 25 October 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 March 2002 (2002 SL No. 33) Crime and Misconduct Act 2001 No. 69 ss 1–2, 378 sch 1 date of assent 8 November 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2002 (2001 SL No. 221) Ombudsman Act 2001 No. 73 ss 1–2, 96 sch 1 date of assent 13 November 2001 ss 1–2 commenced on date of assent remaining provisions commenced 3 December 2001 (2001 SL No. 224) Corrective Services Amendment Act (No. 2) 2001 No. 74 date of assent 13 November 2001 s 5 (to the extent it ins new s 268A) commenced 1 July 2001 (see s 2) remaining provisions commenced on date of assent Parliament of Queensland Act 2001 No. 81 ss 1–2, ch 9 pt 3 date of assent 3 December 2001 ss 1–2 commenced on date of assent remaining provisions commenced 6 June 2002 (see s 2) Corrective Services Amendment Act 2002 No. 40 date of assent 29 August 2002 commenced on date of assent Discrimination Law Amendment Act 2002 No. 74 ss 1–2, 90 sch date of assent 13 December 2002 ss 1–2 commenced on date of assent s 90 commenced 31 March 2003 (2003 SL No. 51) remaining provisions commenced 1 April 2003 (2003 SL No. 51) Sexual Offences (Protection of Children) Amendment Act 2003 No. 3 ss 1, 2(2), pt 2 date of assent 4 March 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 May 2003 (2003 SL No. 52) Statute Law (Miscellaneous Provisions) Act 2003 No. 19 ss 1, 3 sch date of assent 9 May 2003 commenced on date of assent Births, Deaths and Marriages Registration Act 2003 No. 31 ss 1–2, 59 sch 1 date of assent 23 May 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 2004 (2003 SL No. 360)

185 Corrective Services Act 2000 Dangerous Prisoners (Sexual Offenders) Act 2003 No. 40 s 1, pt 6 date of assent 6 June 2003 commenced on date of assent Corrective Services Amendment Act 2003 No. 48 pts 1–2 date of assent 27 August 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 October 2003 (2003 SL No. 228) Police Powers and Responsibilities (Forensic Procedures) Amendment Act 2003 No. 49 pts 1, 3 date of assent 27 August 2003 ss 1–2 commenced on date of assent remaining provisions commenced 2 February 2004 (2003 SL No. 353) Australian Crime Commission (Queensland) Act 2003 No. 83 ss 1–2, 68 sch 1 date of assent 6 November 2003 ss 1–2 commenced on date of assent remaining provisions commenced 7 November 2004 (automatic commencement under AIA s 15DA(2)) Police Powers and Responsibilities and Other Legislation Amendment Act 2003 No. 92 s 1, pt 5 date of assent 3 December 2003 commenced on date of assent Child Protection (Offender Reporting) Act 2004 No. 52 ss 1–2, pt 7 div 1 date of assent 29 November 2004 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2005 (2004 SL No. 295) Statute Law (Miscellaneous Provisions) Act 2004 No. 53 date of assent 29 November 2004 commenced on date of assent Health Legislation Amendment Act 2005 No. 10 pt 1, s 50 sch date of assent 1 April 2005 ss 1–2 commenced on date of assent remaining provisions commenced 29 April 2005 (2005 SL No. 72) Corrective Services Amendment Act 2005 No. 32 date of assent 18 August 2005 commenced on date of assent Public Health Act 2005 No. 48 ss 1–2, 492 sch 1 date of assent 2 November 2005 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2005 (2005 SL No. 280)

186 Corrective Services Act 2000 6 List of annotations Where persons to be detained s 6 amd 2001 No. 81 s 129; 2003 No. 48 s 4 Prisoner classifications s 12 amd 2003 No. 48 s 5 Directions to prisoners s 14 amd 2001 No. 24 s 3; 2003 No. 49 s 27 Medical examination or treatment s 15 amd 2003 No. 40 s 55; 2004 No. 53 s 2 sch Registration of birth s 19 amd 2003 No. 31 s 59 sch 1 Children living in facilities s 20 amd 2005 No. 48 s 492 sch 1 Power to search s 25 amd 2001 No. 24 s 4 Personal searches s 26 amd 2001 No. 24 s 5 Strip searches generally s 26A ins 2001 No. 24 s 6 Strip searches on reasonable suspicion prov hdg sub 2001 No. 24 s 7(1) s 27 amd 2001 No. 24 s 7(2) Strip search requirements s 27A ins 2001 No. 24 s 8 Consequences of positive test samples s 33 amd 2003 No. 48 s 6 Recording or monitoring phone calls and electronic communications s 37 amd 2001 No. 73 s 96 sch 1 Transfer to another facility or a health institution s 53 amd 2003 No. 48 s 7; 2005 No. 10 s 50 sch Transfer to court s 54 amd 2003 No. 92 s 22 Eligibility for WORC and WCC programs s 57 amd 2002 No. 40 s 3 Eligibility for conditional release s 76 amd 2003 No. 48 s 8 Risk to community s 77 amd 2003 No. 48 s 9

187 Corrective Services Act 2000 Amending, suspending or cancelling conditional release order s 80 sub 2003 No. 48 s 10 Expiry of conditional release order s 80A ins 2003 No. 48 s 11 Arresting prisoners unlawfully at large s 85 amd 2003 No. 48 s 12 Other offences s 94 amd 2001 No. 74 s 4 Helping prisoner at large s 94A ins 2003 No. 48 s 13 Interviewing and photographing prisoners etc. s 100 amd 2001 No. 73 s 96 sch 1 Persons near prisoners s 103 amd 2003 No. 48 s 14 Temporary detention for security offences s 104 amd 2003 No. 48 s 15 Authority to use reasonable force s 112 amd 2001 No. 24 s 9; 2003 No. 48 s 16 Requirements before visit s 125 amd 2003 No. 48 s 17 Suspending visits s 128 amd 2003 No. 48 s 18 Accredited visitors s 130 amd 2001 No. 73 s 96 sch 1; 2003 No. 19 s 3 sch; 2003 No. 48 s 19 Definitions for pt 1 s 132A ins 2003 No. 3 s 4 om 2004 No. 52 s 80 Conditions for release to work orders s 142 amd 2003 No. 3 s 5; 2004 No. 52 s 81 Conditions for home detention orders s 143 amd 2003 No. 3 s 6; 2004 No. 52 s 82 Conditions for parole prov hdg amd 2003 No. 48 s 20(1) s 144 amd 2003 No. 3 s 7; 2003 No. 48 s 20(2)–(4); 2004 No. 52 s 83 Commissioner to be advised about release of prescribed prisoner s 144A ins 2003 No. 3 s 8 om 2004 No. 52 s 84 Officer in charge to advise if prescribed prisoner fails to report s 144B ins 2003 No. 3 s 8 om 2004 No. 52 s 84

188 Corrective Services Act 2000 Suspension of order by chief executive s 149 amd 2003 No. 48 s 21 Amendment, suspension or cancellation of order by corrections board s 150 amd 2003 No. 48 s 22 Cancellation of order by further imprisonment prov hdg amd 2003 No. 48 s 23(1) s 151 amd 2003 No. 48 s 23(2)–(6) Effect of cancellation of order prov hdg amd 2003 No. 48 s 24(1) s 152 amd 2003 No. 48 s 24(2)–(8) Expiry of post-prison community based release order s 154 sub 2003 No. 48 s 25 Disqualification from membership of Queensland board s 159 amd 2003 No. 48 s 26 Disqualification from membership of regional boards s 173 amd 2001 No. 69 s 378 sch 1 CHAPTER 6—ADMINISTRATION Functions and powers of chief executive s 188 amd 2003 No. 48 s 27 Acts applying to engaged service providers s 197 amd 2001 No. 69 s 378 sch 1; 2001 No. 73 s 96 sch 1 Application of local laws prov hdg amd 2001 No. 64 s 230(2) s 208 amd 2001 No. 64 s 230(3) Official visitor’s function s 214 amd 2001 No. 69 s 378 sch 1 Appointing inspectors s 219 amd 2003 No. 48 s 28 PART 10—CORRECTIVE SERVICES ADVISORY COUNCIL pt 10 (ss 225–230) om 2003 No. 48 s 29 Confidential information s 243 amd 2003 No. 48 s 30 Traffic history s 244A ins 2003 No. 48 s 31 Pre-sentence reports s 245 amd 2003 No. 48 s 32 Evidentiary aids s 251 amd 2003 No. 48 s 33; 2005 No. 48 s 492 sch 1 CHAPTER 7—TRANSITIONAL PROVISIONS PART 1—TRANSITIONAL PROVISIONS FOR ACT No. 63 OF 2000 pt hdg sub 2003 No. 3 s 9

189 Corrective Services Act 2000 Division 1—Continuation of Regional Boards div hdg ins 2003 No. 3 s 9 Division 2—Continuing appointments div hdg (prev ch 7 pt 2 hdg) renum 2003 No. 3 s 10 Conditions of continuing appointments s 256 amd 2003 No. 3 s 11 Division 3—Other transitional provisions div hdg (prev ch 7 pt 3 hdg) renum 2003 No. 3 s 10 All release to be dealt with under this Act s 268A ins 2001 No. 74 s 5 Further provisions about transitional release circumstances s 268B ins 2001 No. 74 s 5 Counting time if parole cancelled before 1 July 2001 s 268C ins 2005 No. 32 s 3 Regulations and rules s 272 exp 1 July 2002 (see s 272(4)) PART 2—TRANSITIONAL PROVISION FOR SEXUAL (PROTECTION OF CHILDREN) AMENDMENT ACT 2003 pt 2 (s 274A) ins 2003 No. 3 s 12 om 2004 No. 52 s 85 OFFENCES PART 3—CORRECTIVE SERVICES AMENDMENT ACT 2003 pt 3 (ss 274B–274E) ins 2003 No. 48 s 34 PART 4—CHILD PROTECTION (OFFENDER REPORTING) ACT 2004 pt 4 (s 274F) ins 2004 No. 52 s 86 CHAPTER 9—CONSEQUENTIAL AMENDMENTS ch 9 (s 276) om R1 (see RA s 40) CHAPTER 10—AMENDMENT OF CORRECTIVE SERVICES ACT 1988 ch 10 (ss 277–278) om R1 (see RA s 40) SCHEDULE 1—INELIGIBILITY OFFENCES amd 2002 No. 40 s 4; 2003 No. 19 s 3 sch SCHEDULE 2—CONSEQUENTIAL AMENDMENTS om R1 (see RA s 40) SCHEDULE 3—DICTIONARY def “advisory council” om 2003 No. 48 s 35(1) def “appointed member” om 2003 No. 48 s 35(1) def “authorised mental health service” ins 2003 No. 48 s 35(2) def “CJC” om 2001 No. 69 s 378 sch 1 def “confidential information” sub 2003 No. 48 s 35(1)–(2) def “incident” amd 2003 No. 48 s 35(3); 2004 No. 53 s 2 sch def “law enforcement agency” amd 2001 No. 69 s 378 sch 1; 2003 No. 83 s 68 sch 1 def “official misconduct” amd 2001 No. 69 s 378 sch 1

190 Corrective Services Act 2000 def “prescribed prisoner” ins 2003 No. 3 s 13 om 2004 No. 52 s 87 def “prisoner” sub 2003 No. 48 s 35(4) amd 2005 No. 10 s 50 sch def “psychologist” sub 2001 No. 15 s 255 sch 2 def “relative” ins 2002 No. 74 s 90 sch def “reporting period” ins 2003 No. 3 s 13 om 2004 No. 52 s 87 def “unlawfully at large” amd 2001 No. 74 s 6 def “warrant” amd 2004 No. 53 s 2 sch 7 List of forms notified or published in the gazette (The following information about forms is taken from the gazette. Because failure to notify or publish a form in the gazette does not invalidate the form, it may be necessary to check with the relevant government department for the latest information about forms (see SIA s 58(8)).) Form 1 Version 1—Authority to Admit Sentenced Person to a Corrective Services Facility pubd gaz 29 June 2001 pp 780–2 Form 2 Version 1—Application by Prisoner to Have Child Accommodated in a Corrective Services Facility pubd gaz 29 June 2001 pp 780–2 Form 3 Version 1—Notice of Intent to Marry pubd gaz 29 June 2001 pp 780–2 Form 4 Version 1—Notice of Intent to Change Name by Deed Poll pubd gaz 29 June 2001 pp 780–2 Form 5 Version 2—Special Treatment Order pubd gaz 15 February 2002 p 616 Form 6 Version 1—Crisis Support Order pubd gaz 29 June 2001 pp 780–2 Form 7 Version 2—Maximum Security Order pubd gaz 15 February 2002 p 616 Form 8 Version 2—Order for Amendment/Cancellation of Maximum Security Order pubd gaz 15 February 2002 p 616 Form 9 Version 1—Order for Transfer of a Prisoner pubd gaz 29 June 2001 pp 780–2 Form 10 Version 1—Instrument Ordering Chief Executive to Produce Prisoner pubd gaz 29 June 2001 pp 780–2 Form 11 Version 1—Order for Transfer of Prisoner to Attend Court pubd gaz 29 June 2001 pp 780–2

191 Corrective Services Act 2000 Form 12 Version 1—Application for Removal of a Prisoner from a Corrective Services Facility for Law Enforcement Purposes pubd gaz 29 June 2001 pp 780–2 Form 12(a) Version 2—Approval for Removal of a Prisoner from a Corrective Services Facility for Law Enforcement Purposes pubd gaz 15 February 2002 p 616 Form 13 Version 2—Community Work Order pubd gaz 15 February 2002 p 616 Form 14 Version 2—Order for Amendment/Repeal of Community Work Order pubd gaz 30 May 2003 p 361 Form 15 Version 1—Instrument Extending Grant of *Community Work Order/ *Release to Work Order pubd gaz 29 June 2001 pp 780–2 Form 15(a) Version 2—Notice of Amendment of Instrument Extending Grant of Community Work Order/Release to Work/Home Detention Order pubd gaz 19 December 2003 p 1289 Form 16 Version 1—Leave of Absence Order pubd gaz 29 June 2001 pp 780–2 Form 17 Version 1—Notice to Prisoner of *Amendment/ *Repeal/ *Suspension of Leave of Absence Order pubd gaz 29 June 2001 pp 780–2 Form 18 Version 1—Interstate Leave Permit pubd gaz 29 June 2001 pp 780–2 Form 19 Version 2—Repeal/Amendment of Interstate Leave Permit pubd gaz 19 December 2003 p 1289 Form 20 Version 1—Conditional Release Order pubd gaz 29 June 2001 pp 780–2 Form 20(a) Version 3—Amendment/*Cancellation of Conditional Release Order pubd gaz 19 December 2003 p 1289 Form 21 Version 1—Early Discharge Order pubd gaz 29 June 2001 pp 780–2 Form 22 Version 2—Warrant by Authorised Person/Magistrate for Arrest of Prisoner Unlawfully at Large pubd gaz 26 September 2003 p 291 Form 23 Version 1—Breach of Discipline pubd gaz 29 June 2001 pp 780–2 Form 24 Version 1—Separate Confinement Order pubd gaz 29 June 2001 pp 780–2 Form 25 Version 1—Receipt for Seized Property pubd gaz 29 June 2001 pp 780–2

192 Corrective Services Act 2000 Form 26 Version 1—Notice of Forfeit of Seized Thing pubd gaz 29 June 2001 pp 780–2 Form 27 Version 3—Application To Visit A Prisoner (Personal Visitor) pubd gaz 29 July 2005 p 1143 Form 28 Version 1—Application by Prisoner for Exceptional Circumstances Parole Order pubd gaz 29 June 2001 pp 780–2 Form 29 Version 1—Application by Prisoner for Post Prison Community–Based Release Order pubd gaz 29 June 2001 pp 780–2 Form 30 Version 2—Release to Work Order pubd gaz 19 December 2003 p 1289 Form 31 Version 4—Home Detention Order pubd gaz 19 December 2003 p 1289 Form 32 Version 2—Exceptional Circumstances Parole Order pubd gaz 19 December 2003 p 1289 Form 33 Version 2—Parole Order pubd gaz 19 December 2003 p 1289 Form 34 Version 2—Permit to Leave and Remain out of Queensland pubd gaz 19 December 2003 p 1289 Form 35 Version 2—Permit for Prisoner on Parole to Travel Overseas pubd gaz 19 December 2003 p 1289 Form 36 Version 2—Order by Chief Executive for Suspension of Post–Prison Community Based Release Order pubd gaz 26 September 2003 p 291 Form 36a Version 2—Notice of Order for Suspension of Post–Prison Community Based Release Order pubd gaz 26 September 2003 p 291 Form 37 Version 1—Warrant by Chief Executive for Arrest and Conveyance of Prisoner to Prison pubd gaz 29 June 2001 pp 780–2 Form 38 Version 3—Order by Board for Amendment/Suspension/ Cancellation of Post-Prison Community Based Release Order pubd gaz 19 December 2003 p 1289 Form 39 Version 1—Warrant by Board for Arrest and Conveyance of Prisoner to Prison pubd gaz 29 June 2001 pp 780–2 Form 40 Version 1—Warrant for Arrest and Conveyance of Prisoner to Prison pubd gaz 29 June 2001 pp 780–2 Form 41 Version 2—Information Notice pubd gaz 26 September 2003 p 291

193 Corrective Services Act 2000 Form 42 Version 1—Order by Queensland Community Corrections Board for Prisoner to Serve Part of Unexpired Portion of Period of Imprisonment pubd gaz 29 June 2001 pp 780–2 Form 43 Version 1—Application by Prisoner for Review of Third Refusal of Application by Regional Community Corrections Board pubd gaz 29 June 2001 pp 780–2 Form 44 Version 1—Declaration of Emergency pubd gaz 29 June 2001 pp 780–2 Form 45 Version 1—Certification of a Corrective Services Officer as a Corrective Services Dog Handler pubd gaz 29 June 2001 pp 780–2 Form 46 Version 1—Certification of a Dog as a Corrective Services Dog pubd gaz 29 June 2001 pp 780–2 Form 47 Version 1—Instrument of Appointment of Inspector pubd gaz 29 June 2001 pp 780–2 Form 48 Version 1—Instrument of Authorisation of Volunteer pubd gaz 29 June 2001 pp 780–2 Form 49 Version 2—Application to be Registered as a Concerned Person pubd gaz 26 September 2003 p 291 Form 50 Version 1—Request by Court for Pre–Sentence Report by Corrective Services Officer pubd gaz 29 June 2001 pp 780–2 Form 51 Version 1—Application by Prisoner for Leave to Appear or Be Represented by an Agent before a Corrections Board pubd gaz 29 June 2001 pp 780–2 © State of Queensland 2005