Corrective Services Act 2006
An Act to provide for corrective services, and for other purposes
Chapter 1 Preliminary
1 Short title
This Act may be cited as the Corrective Services Act 2006.
2 Commencement
(1)Chapter 7, part 8 commences on the date of 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, sex or cultural background; and(ii)any disability an offender has.
4 Definitions
The dictionary in schedule 4 defines particular words used in this Act.
5 References to prisoner and corrective services facility
In a provision of this Act about a prisoner, a reference to a corrective services facility is a reference to the corrective services facility in which the prisoner is detained.
5A Relationship with Human Rights Act 2019
(1)This section applies to the chief executive’s or a corrective services officer’s consideration of—(a)the Human Rights Act 2019, section 30(2) in relation to a prisoner admitted to a corrective services facility for detention on remand or a prisoner detained without charge; or(b)the Human Rights Act 2019, section 30 in relation to managing a prisoner in a corrective services facility where it is not practicable for the prisoner to be provided with the prisoner’s own room under section 18.(2)To remove any doubt, it is declared that the chief executive or officer does not contravene the Human Rights Act 2019, section 58(1) only because the chief executive’s or officer’s consideration takes into account—(a)the security and good management of corrective services facilities; or(b)the safe custody and welfare of all prisoners.
Chapter 2 Prisoners
Part 1 Custody and admission of prisoners
6 Where a person is to be detained
(1)A person sentenced to a period of imprisonment, or required by law to be detained for a period, must be detained for the period in a corrective services facility.(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 Youth…