Corrective Services Act 2006 (Qld)

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 Justice Act 1992; and

(d)the Mental Health Act 2016; and

(e)the Parliament of Queensland Act 2001, section 40(4)(a).

Note—

The Parliament of Queensland Act 2001, section 40 deals with proceedings for punishment by the Legislative Assembly for contempt.

7   When a person is taken to be in the chief executive’s custody

(1)If a person sentenced to a period of imprisonment or required by law to be detained 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 a corrective services facility.

Example of when a person is lawfully in another person’s custody—

while the person is in the custody of a police or prison officer as mentioned in the Mutual Assistance in Criminal Matters Act 1987 (Cwlth), section 26

Examples of when a person is lawfully outside a corrective services facility—

•while the person is released on parole

•while the person is being transferred between corrective services facilities or is attending court

•while the person is on health leave

(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 a person is taken to be in the commissioner’s custody

(1)If a person sentenced to a period of imprisonment or required by law to be detained 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 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, record or order committing the person into someone else’s custody.

9   Authority for admission to corrective services facility

(1)A person (the detainee) must not be admitted to and detained in a corrective services facility unless the person responsible for admitting prisoners at the facility is given—

(a)a warrant for the detainee’s detention; or

(b)a verdict and judgment record under the Criminal Practice Rules 1999 containing the name of the detainee and particulars of the judgment pronounced on the detainee; or

(c)a record, under the Penalties and Sentences Act 1992, of the order committing the detainee into custody.

(2)Despite the provisions of a warrant, record or order 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   Record of prisoner’s details

(1)The chief executive must establish a record containing each prisoner’s details, including details about the identification of the prisoner.

(2)For the identification of a prisoner, a corrective services officer may collect and store the prisoner’s biometric information, including by way of a biometric identification system.

(3)The prisoner’s biometric information, and any data about the biometric information stored in a biometric identification system, must be destroyed if—

(a)the prisoner is found not guilty of the offence for which the prisoner is being detained, other than on the ground of unsoundness of mind; or

(b)proceedings for the offence for which the prisoner is being detained are discontinued or dismissed.

(4)However, the prisoner’s biometric information, and any data about the biometric information stored in a biometric identification system, 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.

11   Prisoner to be informed of entitlements and duties

(1)When a prisoner is admitted to a corrective services facility for detention, the chief executive must inform the prisoner about—

(a)the prisoner’s entitlements and duties under this Act; and

(b)the administrative directions and procedures relevant to the prisoner’s entitlements and duties.

(2)If the prisoner is illiterate or does not understand English, the chief executive must take reasonable steps to ensure the prisoner understands the things mentioned in subsection (1).

(3)The chief executive—

(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 security classification

(1)When a prisoner is admitted to a corrective services facility for detention, the chief executive must classify the prisoner into a security classification of low or high.

(2)However, when a prisoner is admitted to a corrective services facility for detention on remand for an offence and is not serving a term of imprisonment for another offence, the prisoner must only be classified into a security classification of high.

(3)In addition to classifying a prisoner under subsection (1), the chief executive may also classify the prisoner into 1 or more of the risk sub-categories prescribed by regulation.

(4)When deciding a prisoner’s security classification, the chief executive must have regard to each of the following—

(a)the nature of the offence for which the prisoner has been charged or convicted;

(b)the risk of the prisoner escaping, or attempting to escape, from custody;

(c)the risk of the prisoner committing a further offence and the impact the commission of the further offence is likely to have on the community;

(d)the risk the prisoner poses of self harming, harming other prisoners and staff members and to the security of the corrective services facility;

(e)the length of time remaining to be served by the prisoner under a sentence imposed by a court;

(f)information about the prisoner, if any, received from a law enforcement agency.

(5)Also, the chief executive may have regard to any matter that is relevant to—

(a)the welfare or safe custody of the prisoner or other prisoners; or

(b)the security or good order of the corrective services facility.

(6)If the chief executive classifies a prisoner into a security classification of high, the prisoner must be detained in a secure facility.

(7)If the chief executive classifies a prisoner into a security classification of low, the prisoner may be detained in a low custody facility.

(8)In this section—

low custody facility means—

(a)a prison, other than a secure facility; or

(b)a community corrections centre; or

(c)a work camp.

13   Reviewing prisoner’s security classification

(1)The chief executive may review a prisoner’s security classification at any time, including the risk sub-category for the prisoner.

Example—

The chief executive may review a prisoner’s security classification if the prisoner’s behaviour deteriorates or improves.

(2)The chief executive may limit the review of a prisoner’s security classification to reviewing only the risk sub-category for the prisoner.

(3)However, for a prisoner with a security classification of high, the chief executive must review the prisoner’s security classification in either of the following circumstances—

(a)the prisoner requests the security classification be reviewed and the prisoner has not requested the classification be reviewed during the previous 12 months;

(b)the security classification—

(i)has been high for the previous 3 years; and

(ii)has not been reviewed in the previous 3 years.

(4)Subsection (3) does not apply for a prisoner if—

(a)the prisoner—

(i)is being detained on remand for an offence; and

(ii)is not serving a term of imprisonment for another offence; or

(b)the prisoner is being held in custody under any of the following orders—

(i)a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003;

(ii)an interim detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003;

(iii)a preventative detention order under the Terrorism (Preventative Detention) Act 2005;

(iv)a continued preventative detention order under the Criminal Code Act 1995 (Cwlth), section 100.1;

(v)an initial preventative detention order under the Criminal Code Act 1995 (Cwlth), section 100.1;

(vi)an interim post-sentence order under the Criminal Code Act 1995 (Cwlth), section 100.1;

(vii)a post-sentence order under the Criminal Code Act 1995 (Cwlth), section 100.1;

(viii)a preventative detention order under the Criminal Code Act 1995 (Cwlth), section 100.1;

(ix)another court order prescribed by regulation for this subparagraph.

(5)When reviewing a prisoner’s security classification, the chief executive must have regard to the matters mentioned in section 12(4).

14   Changing prisoner’s security classification

The chief executive may change a prisoner’s security classification after reviewing it under section 13.

15   Notice of decision about prisoner’s security classification following review

(1)After reviewing a prisoner’s security classification, the chief executive must give the prisoner an information notice about the chief executive’s decision following the review.

(2)If the chief executive increased the prisoner’s security classification, the information notice must include a statement that if the prisoner is dissatisfied with the decision, the prisoner may ask the chief executive to reconsider the decision by notice given to the chief executive within 7 days after the information notice is given to the prisoner.

(3)The Acts Interpretation Act 1954, section 27B does not apply to an information notice given under this section.

16   Reconsidering decision to change prisoner’s security classification

(1)This section applies if—

(a)the chief executive increases a prisoner’s security classification; and

(b)the prisoner is dissatisfied with the decision.

(2)Within 7 days after the information notice about the decision is given to the prisoner, the prisoner may, by written notice given to the chief executive, ask the chief executive to reconsider the decision.

(3)The chief executive must reconsider the decision and may confirm, amend or cancel the decision.

(4)After reconsidering the decision, the chief executive must give the prisoner an information notice about the reconsidered decision.

17   Application of Judicial Review Act 1991 to decisions about prisoner security classification

(1)The Judicial Review Act 1991, parts 3, 4 and 5, other than section 41(1), do not apply to a decision made, or purportedly made, under section 12, 13, 14 or 16 about a prisoner’s security classification.

Note—

The Judicial Review Act 1991, part 3 deals with statutory orders of review, part 4 deals with reasons for decisions and part 5 deals with prerogative orders and injunctions.

(2)In this section—

decision includes a decision affected by jurisdictional error.

18   Accommodation

Whenever practicable, each prisoner in a corrective services facility must be provided with a room that is not shared with any other prisoner.

Part 1A    Prisoners from Norfolk Island

18A   Definitions for part

In this part—

constable means a constable as defined under the Removal of Prisoners Act 2004 (Norfolk Island), section 3(1), other than a person mentioned in paragraph (b) of that definition.

Norfolk Island court means a court under the Removal of Prisoners Act 2004 (Norfolk Island).

Norfolk Island magistrate means a Magistrate of the Territory under the Norfolk Island Act 1979 (Cwlth).

Norfolk Island prisoner see section 18B.

Norfolk Island warrant means a warrant issued under the Removal of Prisoners Act 2004 (Norfolk Island).

order, in relation to a Norfolk Island court or Norfolk Island magistrate—

(a)means an order under the Removal of Prisoners Act 2004 (Norfolk Island); and

(b)includes a warrant mentioned in the Removal of Prisoners Act 2004 (Norfolk Island), section 3(3) issued by the court or magistrate.

18B   Meaning of Norfolk Island prisoner

(1)A Norfolk Island prisoner is a person who is liable to undergo imprisonment or other detention in custody in Queensland under a law in force in Norfolk Island.

(2)However, a Norfolk Island prisoner does not include a person who is the subject of a direction under the Removal of Prisoners Act 2004 (Norfolk Island), section 9.

18C   Custody and detention of Norfolk Island prisoners

(1)A constable who has a Norfolk Island prisoner in custody under a Norfolk Island warrant is authorised to have custody of, and deal with, the Norfolk Island prisoner in Queensland under the warrant.

(2)A corrective services officer may, under a Norfolk Island warrant—

(a)take control of the Norfolk Island prisoner the subject of the warrant from a constable in Queensland; and

(b)transport the Norfolk Island prisoner to a corrective services facility.

(3)However, a corrective services officer may act under subsection (2) only if the chief executive has been given the Norfolk Island warrant or a copy of the warrant.

(4)A Norfolk Island prisoner may be admitted to and detained in a corrective services facility specified by the chief executive for the period of the Norfolk Island prisoner’s imprisonment or other detention.

(5)A Norfolk Island prisoner is taken to be in the chief executive’s custody—

(a)while under the control of a corrective services officer under subsection (2); and

(b)while detained in a corrective services facility under subsection (4).

(6)The Norfolk Island prisoner remains in the chief executive’s custody until discharged—

(a)except for any time when the Norfolk Island prisoner is lawfully in another person’s custody; and

(b)even if the Norfolk Island prisoner is lawfully outside a corrective services facility.

(7)Subsection (4) applies despite anything stated in a Norfolk Island warrant about—

(a)a specified corrective services facility in which the period of imprisonment or other detention is to be served; or

(b)a specified person in charge of a corrective services facility to whom the Norfolk Island prisoner is to be produced.

18D   Application of Act to Norfolk Island prisoners

(1)This Act applies in relation to a Norfolk Island prisoner who is in the chief executive’s custody under section 18C—

(a)as if the order or sentence of the Norfolk Island court or Norfolk Island magistrate under which the Norfolk Island prisoner is liable to undergo imprisonment or other detention were made or imposed by a court of the State under a law of the State; and

(b)subject to subsection (2) and a regulation made under subsection (3).

(2)Chapter 5 does not apply in relation to the Norfolk Island prisoner unless a regulation under subsection (3) provides otherwise.

(3)A regulation may provide that a provision of this Act, other than a provision of this part—

(a)does, or does not, apply to the Norfolk Island prisoner; or

(b)applies to the Norfolk Island prisoner as modified by the regulation.

(4)A regulation under subsection (3) must declare it is made under that subsection.

(5)However, the application of this Act to the Norfolk Island prisoner—

(a)applies subject to—

(i)the Removal of Prisoners Act 2004 (Norfolk Island); and

(ii)the Sentencing Act 2007 (Norfolk Island); and

(b)stops having effect if the Norfolk Island prisoner is discharged, or delivered into the custody of a constable under a Norfolk Island warrant.

18E   Provision relating to parole for Norfolk Island prisoners

(1)This section applies if, under a regulation made under section 18D(3), all or a part of chapter 5 (with or without modification) applies to a Norfolk Island prisoner who is in the chief executive’s custody under section 18C.

(2)The parole board has the functions of a Board under the Sentencing Act 2007 (Norfolk Island) in relation to the Norfolk Island prisoner.

(3)The parole board is not required to perform a function in relation to a Norfolk Island prisoner who is released on parole in Norfolk Island and is not in the State, unless the parole board is required to perform the function under an arrangement made with the Commonwealth under the Norfolk Island Act 1979 (Cwlth), section 18C.

18F    Producing Norfolk Island prisoners before Norfolk Island court at place in Queensland

(1)The section applies if a Norfolk Island court, by order or a notice given to the chief executive, requires a Norfolk Island prisoner who is detained in a corrective services facility under a Norfolk Island warrant to be produced before a Norfolk Island court at a stated place in Queensland, at a stated time and for a stated purpose.

(2)The chief executive must produce the Norfolk Island prisoner at the place and time, and for the purpose, stated in the order or notice of the Norfolk Island court.

(3)If the order or notice of the Norfolk Island court requires the Norfolk Island prisoner to be transferred to a Norfolk Island court at a place in Queensland, the transfer of the Norfolk Island prisoner to the Norfolk Island court must be authorised by an order of the chief executive.

(4)This section does not limit the application of section 69, as applying under section 18D, in relation to a Norfolk Island prisoner.

18G   Return of Norfolk Island prisoners to Norfolk Island

(1)This section applies if a constable gives the chief executive a Norfolk Island warrant or a copy of a Norfolk Island warrant requiring—

(a)the delivery of a Norfolk Island prisoner who is detained in a corrective services facility under another Norfolk Island warrant into the custody of the constable; and

(b)the constable to convey the Norfolk Island prisoner in custody to Norfolk Island.

(2)The chief executive must deliver the Norfolk Island prisoner into the custody of the constable.

(3)The delivery of the Norfolk Island prisoner into the custody of the constable must be authorised by an order of the chief executive.

18H   Early discharge or release not prevented

Nothing in this part prevents the early discharge or release of a Norfolk Island prisoner under a law of the Commonwealth or a law in force in Norfolk Island.

18I   Particular Acts do not apply to Norfolk Island prisoners in chief executive’s custody

(1)This section applies in relation to a Norfolk Island prisoner who is in the chief executive’s custody under section 18C.

(2)The following Acts do not apply to the Norfolk Island prisoner even though the Norfolk Island prisoner is in the chief executive’s custody—

(a)the Dangerous Prisoners (Sexual Offenders) Act 2003;

(b)another Act prescribed by regulation that would otherwise apply to the Norfolk Island prisoner because the Norfolk Island prisoner is in the chief executive’s custody.

(3)A regulation under subsection (2)(b)—

(a)must declare it is made under that subsection; and

(b)may be made in the same instrument as a regulation made under section 18D(3).

18J   Evidentiary aid for Norfolk Island prisoners

(1)In a proceeding under an Act, a document purporting to be a Norfolk Island warrant or a copy of a Norfolk Island warrant and to be signed by an authorised person is evidence of the matters stated in the document.

(2)In this section—

authorised person has the meaning given by the Removal of Prisoners Act 2004 (Norfolk Island).

Part 2    Management of prisoners

Division 1 Management of prisoners generally

19   Effect of prisoner’s security classification

The chief executive may make different arrangements for the management of prisoners with different security classifications, including prisoners with the same security classification but with different risk sub-categories.

20   Directions to prisoner

(1)A corrective services officer may give a prisoner a direction the officer reasonably believes is 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 of order for paragraph (c)—

an order given under division 3 for the searching of the prisoner

(d)to ensure a prisoner attends a place to enable a DNA sampler to take a DNA sample from a prisoner under the Police Powers and Responsibilities Act 2000, chapter 17, part 5; or

(e)to ensure the prisoner or another prisoner does not commit an offence or 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.

21   Medical examination or treatment

(1)If it is reasonably practicable in the circumstances, before a health practitioner carries out a medical examination or treatment of a prisoner, the health practitioner must tell the prisoner the following—

(a)the health practitioner considers the prisoner requires the medical examination or treatment;

(b)the health practitioner’s reasons for requiring the examination or treatment;

(c)what the examination or treatment will involve.

(2)A prisoner must submit to an examination by a health practitioner if the chief executive orders the examination to decide—

(a)the prisoner’s security classification; or

(b)where to place the prisoner; or

(c)whether to transfer the prisoner to another place; or

(d)the prisoner’s suitability to participate in an approved activity, course or program; or

(e)the prisoner’s suitability for leave of absence, early discharge or release.

(3)A prisoner must submit to—

(a)examinations by psychiatrists as required—

(i)under a risk assessment order under the Dangerous Prisoners (Sexual Offenders) Act 2003, section 8(2)(a); or

(ii)by the chief executive, if the chief executive must arrange for the examinations under section 29 of that Act; or

Note—

The Dangerous Prisoners (Sexual Offenders) Act 2003, section 29 deals with psychiatric reports for reviewing continuing detention orders.

(b)an examination by 2 or more medical practitioners as directed by a judge under the Criminal Law Amendment Act 1945, section 18.

Note—

The Criminal Law Amendment Act 1945, section 18 deals with the detention of persons incapable of controlling sexual instincts.

(4)For a medical examination or treatment of a prisoner, a health practitioner may—

(a)take a sample of the prisoner’s blood or another bodily substance; or

(b)order the prisoner to provide a sample of the prisoner’s urine or another bodily substance, including, for example, hair or saliva, and give the prisoner directions about the way in which the sample must be provided.

(5)A prisoner must comply with an order made, or direction given, under subsection (4)(b).

(6)A health practitioner may authorise another person to examine or treat a prisoner in a corrective services facility if—

(a)the health practitioner—

(i)is authorised or required to carry out the examination or give the treatment under this Act; 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.

(7)In this section—

prisoner does not include a prisoner released on parole.

22   Private medical examination or treatment

(1)Subject to subsection (2), a prisoner in a corrective services facility may apply in writing to the chief executive for approval to be examined or treated by a health practitioner nominated by the prisoner.

(2)A prisoner in a corrective services facility can not—

(a)participate in assisted reproductive technology; or

(b)apply for the chief executive’s approval to participate in assisted reproductive technology.

(3)The chief executive may give the approval mentioned in subsection (1) if satisfied—

(a)the application for the approval is not—

(i)frivolous or vexatious; or

(ii)for an examination or treatment for participating in assisted reproductive technology; and

(b)the prisoner is able to pay for the examination or treatment and associated costs; and

(c)the health practitioner nominated by the prisoner is willing and available to carry out the examination or treatment of the prisoner.

(4)The prisoner must pay for the examination or treatment and associated costs.

(5)The chief executive must consider, but is not bound by, any report or recommendation made by the nominated health practitioner.

23   Dangerously ill prisoner

If the chief executive, on the advice of a health practitioner, considers a prisoner in a corrective services facility to be dangerously ill or seriously injured, the chief executive must immediately notify each of the following that the prisoner is either dangerously ill or seriously injured—

(a)the person nominated by the prisoner as the prisoner’s contact person;

(b)a religious visitor;

(c)for an Aboriginal or Torres Strait Islander prisoner—

(i)an Aboriginal or Torres Strait Islander legal service representing Aboriginal or Torres Strait Islander persons in 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.

24   Death of prisoner

(1)After a prisoner dies, the chief executive must notify each of the following that the prisoner has died—

(a)if the corrective services facility is a prison—a health practitioner;

(b)the police officer in charge of the police station nearest to the place where the prisoner died;

(c)the person nominated by the prisoner as the prisoner’s contact person;

(d)a religious visitor;

(e)for an Aboriginal or Torres Strait Islander prisoner—

(i)an Aboriginal or Torres Strait Islander legal service representing Aboriginal or Torres Strait Islander persons in the area in which the prisoner died; and

(ii)if practicable, an elder, respected person or indigenous spiritual healer who was relevant to the prisoner.

(2)The chief executive must keep records, prescribed under a regulation, of the prisoner’s death.

(3)In this section—

prisoner includes a person who, immediately before the person’s death, was a prisoner, but does not include a prisoner released on parole.

25   Registration of birth

(1)If, when a child is born, a parent of the child is a prisoner, the birth certificate for the child 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, Deaths and Marriages Registration Act 2023 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.

26   Marriage

(1)A person in the chief executive’s custody must give the chief executive written notice 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.

26A   Civil partnerships

(1)A person in the chief executive’s custody must give the chief executive written notice before—

(a)applying under the Civil Partnerships Act 2011, section 7 for registration of a relationship as a civil partnership; or

(b)giving a notice of intention to enter into a civil partnership under the Civil Partnerships Act 2011, section 10.

Maximum penalty—20 penalty units.

(2)A prisoner may make a declaration of civil partnership under the Civil Partnerships Act 2011, section 11 in a corrective services facility only with the chief executive’s approval.

(3)The making of the declaration must be conducted in the way decided by the chief executive.

27   Change of name

(1)A person in the chief executive’s custody must obtain the chief executive’s written permission before applying to change the person’s name under—

(a)the Births, Deaths and Marriages Registration Act 2023; or

(b)an equivalent law of another State providing for the registration of a change to the person’s name.

Maximum penalty—20 penalty units or 6 months imprisonment.

(2)In deciding whether to give the permission, the chief executive must consider each of the following—

(a)whether the proposed name change poses a risk to the good order or security of a corrective services facility;

(b)the safety and welfare of the person and other persons;

(c)whether the chief executive reasonably believes the proposed name change could be used to further an unlawful activity or purpose;

(d)whether the proposed change of name could be considered offensive to, or cause physical, mental or emotional harm to, a victim of a crime or an immediate family member of a deceased victim of a crime.

(3)Subsection (4) applies if the chief executive becomes aware that a person in the chief executive’s custody has failed to comply with subsection (1)(a) in registering a change of the person’s name under the Births, Deaths and Marriages Registration Act 2023.

(4)The chief executive may apply to the registrar under the Births, Deaths and Marriages Registration Act 2023 for the cancellation of the registration.

27AA    Alteration of record of sex and recognised details certificate

(1)A person in the chief executive’s custody, other than a person released on parole, must obtain the chief executive’s written permission before applying—

(a)to alter the record of sex of the person in the relevant child register under the Births, Deaths and Marriages Registration Act 2023; or

(b)for a recognised details certificate for the person under the Births, Deaths and Marriages Registration Act 2023; or

(c)to alter the record of sex of the person under an equivalent law of another State providing for the alteration of the record of sex of the person; or

(d)for a recognised details certificate for the person under an equivalent law of another State providing for the issue of a recognised details certificate for the person.

Maximum penalty—20 penalty units or 6 months imprisonment.

(2)In deciding whether to give the permission, the chief executive must consider each of the following—

(a)whether the proposed alteration of record of sex or recognised details certificate poses a risk to the good order or security of a corrective services facility;

(b)the safety and welfare of the person and other persons;

(c)whether the chief executive reasonably believes the proposed alteration of record of sex or recognised details certificate could be used to further an unlawful activity or purpose;

(d)whether the proposed alteration of record of sex or recognised details certificate could be considered offensive to, or cause physical, mental or emotional harm to, a victim of a crime or an immediate family member of a deceased victim of a crime.

(3)Subsection (4) applies if the chief executive becomes aware that a person mentioned in subsection (1) has failed to comply with subsection (1)(a) in altering the record of sex of the person under the Births, Deaths and Marriages Registration Act 2023.

(4)The chief executive may apply to the registrar under the Births, Deaths and Marriages Registration Act 2023 for the cancellation of the alteration of record of sex.

(5)Subsection (6) applies if the chief executive becomes aware that a person mentioned in subsection (1) has failed to comply with subsection (1)(b) in being issued with a recognised details certificate for the person under the Births, Deaths and Marriages Registration Act 2023.

(6)The chief executive may apply to the registrar under the Births, Deaths and Marriages Registration Act 2023 for the cancellation of the recognised details certificate.

(7)The chief executive may confiscate a cancelled recognised details certificate.

27AB    Written permission does not limit chief executive’s powers

The fact that the chief executive gives written permission for a person in the chief executive’s custody, other than a person released on parole, to make an application mentioned in section 27AA(1) does not limit the powers of the chief executive under this Act or another Act in relation to the custody of the person.

Examples of powers of the chief executive under this Act—

•the power of the chief executive under section 9(2) to require that a person be taken to and detained in a corrective services facility specified by the chief executive

•the power of the chief executive under section 68(1) to order the transfer of a prisoner from a corrective services facility

•the general powers of the chief executive under section 263

Division 1A Carrying on business or dealing in artwork

27A   Definitions for div 1A

In this division—

possession, of a prisoner’s artwork, means—

(a)custody or control of it; or

(b)the ability or right to obtain custody or control of it.

prisoner’s artwork means any visual art, performing art or literature made or produced by a prisoner while the prisoner is in a corrective services facility.

28   Carrying on a business

(1)Subject to subsections (2) to (4), a prisoner who has been sentenced, whether before or after the commencement of this section, to a period of imprisonment must not carry on, or participate in the carrying on of, a business while the prisoner is in a corrective services facility.

Example—

the painting of artwork to be sold on the internet by the prisoner or by a corporation in whose management the prisoner participates including, for example, as a director

Maximum penalty—100 penalty units.

(2)Subsections (3) and (4) apply to a person who is carrying on, or participating in the carrying on of, a business when the person is sentenced to a period of imprisonment (the pre-sentence business).

(3)The person must, within 21 days after being sentenced—

(a)stop carrying on the pre-sentence business; or

(b)stop participating in the carrying on of the pre-sentence business.

Maximum penalty—100 penalty units.

(4)Subsection (1) does not apply to the person in relation to the pre-sentence business until the end of the 21 days mentioned in subsection (3).

28A   Restriction on prisoner dealing with prisoner’s artwork

(1)While a prisoner is in a corrective services facility, the prisoner must not sell, give, give possession of, or otherwise dispose of the prisoner’s artwork, unless allowed to do so under section 28B, 28C or 28D.

Maximum penalty—40 penalty units.

(2)Subsection (1) does not prevent a prisoner abandoning or destroying the artwork.

28B   Giving prisoner’s artwork to a person as a gift

(1)A prisoner may—

(a)with the chief executive’s written approval, give a particular item of the prisoner’s artwork to a person as a gift; or

(b)donate 1 or more items of the prisoner’s artwork to the State.

(2)For deciding whether to give an approval under subsection (1)(a), the chief executive must consider all of the following—

(a)the chief executive’s estimated value of the artwork;

(b)the person to whom the artwork is proposed to be given;

(c)the prisoner’s stated purpose for making the gift;

(d)the number of previous gifts of artwork made by the prisoner, whether or not to the same person;

(e)any other matter the chief executive considers relevant.

28C   Giving prisoner’s artwork to a person to hold on the prisoner’s behalf

(1)A prisoner may, with the chief executive’s written approval, give the prisoner’s artwork to a person other than the State to hold on the prisoner’s behalf.

(2)Also, a prisoner may, if the chief executive agrees, give the prisoner’s artwork to the State to hold on the prisoner’s behalf.

28D   Giving prisoner’s artwork to the State for disposal as agreed

The prisoner may give the prisoner’s artwork to the State for the purpose of the State’s disposing of the artwork as agreed with the prisoner.

28E   No consideration to be paid for holding prisoner’s artwork under s 28C

The prisoner must not ask for, or accept, consideration for—

(a)giving the artwork to a person to hold under section 28C; or

(b)delivering the artwork to a person to hold under section 28C.

Maximum penalty—40 penalty units.

28F   Person holding prisoner’s artwork for prisoner

(1)A person, other than the State, holding prisoner’s artwork on behalf of a prisoner must not sell, give, give possession of, or otherwise dispose of the prisoner’s artwork, unless allowed to do so under subsection (2), (3) or (4).

Maximum penalty—40 penalty units.

(2)The person may give the artwork—

(a)to the prisoner, if the prisoner is discharged or released from custody; or

(b)to someone else to hold on the prisoner’s behalf, if the prisoner consents.

(3)If the person tells the prisoner that the person no longer wishes to hold the artwork on behalf of the prisoner—

(a)the person may give the artwork—

(i)to another person authorised by the prisoner to hold the artwork on the prisoner’s behalf; or

(ii)to a person authorised by the prisoner to collect the artwork for delivery to another person to hold on the prisoner’s behalf; or

(b)if—

(i)the prisoner has not been discharged or released from custody; and

(ii)the person has not received authority from the prisoner to deal with the artwork under paragraph (a) within 1 month after telling the prisoner the person no longer wishes to hold the artwork on behalf of the prisoner;

the person may give the artwork to the chief executive.

(4)The person may dispose of the artwork if all of the following apply—

(a)the prisoner is discharged or released from custody;

(b)the recipient makes reasonable efforts to locate the prisoner and ask the prisoner to collect, or arrange for the collection of, the artwork;

(c)the artwork is not collected by or for the prisoner within 6 months after the prisoner’s discharge or release from custody.

(5)The person must not ask for, or accept, consideration for—

(a)giving the artwork to someone else to hold on the prisoner’s behalf; or

(b)giving the artwork to a person for delivery to another person to hold on the prisoner’s behalf.

Maximum penalty for subsection (5)—40 penalty units.

28G   Prisoner and not the State has responsibility for collecting artwork held on behalf of the prisoner

(1)The prisoner, and not the State, is responsible for collecting, or arranging for the collection of, the artwork from a person holding the artwork on the prisoner’s behalf if—

(a)the prisoner is discharged or released from custody; or

(b)the person tells the prisoner that the person no longer wishes to hold the artwork on the prisoner’s behalf.

(2)If the chief executive incurs expense in dealing with the artwork under section 28F(3)(b), the chief executive may recover the expense from the prisoner.

28H   Limited liability of persons holding artwork on behalf of prisoner

(1)If the prisoner gives the artwork to a person under section 28C, the person is not liable for—

(a)loss of the artwork; or

(b)damage to the artwork, other than deliberate damage to it by the person.

(2)If the prisoner gives the artwork to the State under section 28D, the State is not liable for loss of, or damage to, the artwork while it is in the State’s possession.

Division 2 Children accommodated with female prisoners

29   Application for accommodation of child with female prisoner

(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—

(i)of whom the prisoner is the mother; or

(ii)the subject of a court order requiring the child to live with the prisoner, whether or not the prisoner is the child’s mother.

(2)On admission to the corrective services facility, the prisoner must be informed that—

(a)the prisoner, or the child protection chief executive, may apply to the chief executive to have the child accommodated with the prisoner; and

(b)if the prisoner, or the child protection chief executive, applies and the application is successful, the prisoner will have primary responsibility for the child’s care and safety, including all costs associated with the care.

(3)The following persons may apply, in the approved form, to the chief executive to have the child accommodated with the prisoner in the corrective services facility—

(a)the prisoner;

(b)the child protection chief executive.

(4)In this section—

costs associated, with the care of a child, includes the cost of nappies and baby goods for the child, but does not include the cost of food and drink for the child.

30   Deciding application

(1)The chief executive may grant an application to have a child accommodated with a prisoner in a corrective services facility if—

(a)the chief executive decides there is suitable accommodation in the facility for the child; and

(b)either—

(i)the child is not eligible to start primary school; or

(ii)each of the following apply—

(A)the child is eligible to start primary school;

(B)the prisoner is in a community corrections centre;

(C)the application is only for periods during school holidays or on weekends; and

(c)the child is immunised in accordance with a national immunisation program or the recommendations of a health practitioner treating the child in the corrective services facility; and

(d)the child is not subject to a court order requiring the child to live with someone else; and

(e)for a child in care—the child protection chief executive has consented to the child being accommodated with the prisoner; and

(f)the chief executive is satisfied it is in the child’s best interests.

(2)In deciding what is in the child’s best interests, the chief executive may consider each of the following—

(a)the child’s—

(i)age and sex; and

(ii)cultural background; and

(iii)mental and physical health;

(b)the emotional ties between the child and the child’s parents;

(c)the child’s established living pattern, including, for example, the pattern of the child’s home, school, community and religious life;

(d)if the chief executive is satisfied the child is able to express a view, the child’s wishes.

31   Removing child from corrective services facility

(1)The chief executive may remove a child being accommodated with a prisoner in a corrective services facility if any of the following apply—

(a)a court orders that the child live with another person;

(b)the chief executive is satisfied it is in the child’s best interests;

(c)the prisoner with whom the child is accommodated requests the removal;

(d)the child is not a child mentioned in section 30(1)(b)(ii) and becomes eligible to start primary school;

(e)the prisoner with whom the child is accommodated is transferred to another corrective services facility and the chief executive decides the accommodation at the other corrective services facility is not suitable for the child;

(f)the chief executive is satisfied it is in the interests of the good order and management of the facility.

(2)In deciding what is in the child’s best interests, the chief executive must consider each of the following—

(a)the child’s—

(i)age and sex; and

(ii)mental and physical health;

(b)anything else the chief executive considers relevant.

(3)Separation of a child from a prisoner with whom the child is accommodated must not be used as a form of discipline against the prisoner.

32   Search of accommodated child

(1)The chief executive may require a child accommodated with a female prisoner in a corrective services facility to submit to a general search, scanning search or an imaging search before entering the facility.

(2)The chief executive must not require the child to submit to a personal search or a search requiring the removal of clothing.

Division 3 Search of prisoners

33   Power to search

(1)The chief executive may order a corrective services officer—

(a)to conduct a general search, personal search, scanning search or an imaging search of a prisoner; or

(b)to search a prisoner’s room; or

(c)to search prisoner facilities.

(2)Also, a corrective services officer may conduct a general search, personal search, scanning search or an imaging search of a prisoner if the officer reasonably suspects the prisoner possesses something that poses, or is likely to pose, a risk to—

(a)the security or good order of the corrective services facility; or

(b)the safety of persons in the facility.

(3)A power under this Act to search a prisoner in any way—

(a)includes a power to search anything in the prisoner’s possession; and

(b)may be exercised at any time, including, for example, on the day on which the prisoner is discharged or released.

34   Personal search of prisoners leaving particular part of corrective services facility

The chief executive may order the personal searching of prisoners whenever they leave a part of a corrective services facility stated in the order where prisoners have access to concealable prohibited things.

Example of part of a corrective services facility—

a kitchen or workshop

35   Search requiring the removal of clothing of prisoners on chief executive’s direction

(1)The chief executive may give a written direction to a corrective services officer for the carrying out of a search requiring the removal of clothing of prisoners as stated in the direction, including, for example, at the times stated in the direction.

(2)The search must be carried out as required under the direction.

(3)However, a direction under subsection (1) does not apply to a particular prisoner if the chief executive reasonably considers it unnecessary for the search to be carried out on the prisoner because of the prisoner’s exceptional circumstances.

Example for subsection (3)—

A direction requires a search requiring the removal of clothing of a prisoner to be carried out when a prisoner enters a corrective services facility. A pregnant prisoner returns to the facility from an escorted antenatal visit and the corrective services officer who escorted the prisoner advises that the prisoner had no likely opportunity to obtain a prohibited thing while on the visit. The chief executive may consider it unnecessary for the search to be carried out on the prisoner.

(4)A search requiring the removal of clothing under this section may be preceded by another less intrusive search.

36   Search requiring the removal of clothing of prisoners on chief executive’s order—generally

(1)The chief executive may order a search requiring the removal of clothing of 1 or more prisoners if the chief executive is satisfied the search is necessary for either or both of the following—

(a)the security or good order of the corrective services facility;

(b)the safe custody and welfare of prisoners at the facility.

Example—

A knife is missing from the kitchen of a corrective services facility. The chief executive may be satisfied that a search requiring the removal of clothing of each prisoner who worked in the kitchen that day is necessary for the security or good order of the facility or for the safe custody and welfare of prisoners at the facility.

(2)A search requiring the removal of clothing under this section may be preceded by another less intrusive search.

37   Search requiring the removal of clothing on reasonable suspicion

(1)The chief executive may order a search requiring the removal of clothing of a prisoner if the chief executive reasonably suspects the prisoner has a prohibited thing concealed on the prisoner’s person.

(2)A search requiring the removal of clothing under this section may be preceded by another less intrusive search.

38   Requirements for search requiring the removal of clothing

(1)A search requiring the removal of clothing of a prisoner must be carried out by at least 2 corrective services officers, but by no more officers than are reasonably necessary to carry out the search.

(2)Before carrying out the search, one of the corrective services officers must tell the prisoner—

(a)that the prisoner will be required to remove the prisoner’s clothing during the search; and

(b)why it is necessary to remove the clothing.

(3)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.

(4)A corrective services officer carrying out the search must, if reasonably practicable, give the prisoner the opportunity to remain partly clothed during the search, including, for example, by allowing the prisoner to dress the prisoner’s upper body before being required to remove clothing from the lower part of the body.

(5)If a corrective services officer seizes clothing because of the search, the officer must ensure the prisoner is left with, or given, reasonably appropriate clothing.

39   Body search of particular prisoner

(1)The chief executive may authorise a health practitioner to conduct a body search of a prisoner if the chief executive reasonably believes—

(a)the prisoner has ingested something that may jeopardise the prisoner’s health or wellbeing; or

(b)the prisoner has a prohibited thing concealed within the prisoner’s body that may potentially be used in a way that may pose a risk to the security or good order of the facility; or

(c)the search may reveal evidence of the commission of an offence or breach of discipline by the prisoner.

(2)Two health practitioners must be present during the body search.

(3)If the health practitioner reasonably requires help to conduct the body search, the health practitioner may ask another person to help the health practitioner.

(4)The health practitioner 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 health practitioner reasonably believes the thing may be evidence of the commission of an offence or breach of discipline by the prisoner.

(5)The health practitioner must give a seized thing to a corrective services officer as soon as practicable after seizing it.

39A   Further requirements and procedures for searches

(1)A regulation may prescribe further requirements and procedures relating to the carrying out of a search of a prisoner, including a personal search, body search or search requiring the removal of clothing.

(2)Without limiting subsection (1), further requirements and procedures may be prescribed for—

(a)the effective carrying out of the search; or

(b)respecting a prisoner’s dignity; or

(c)taking into account the special or diverse needs of a prisoner.

40   Register of searches

(1)The chief executive must establish a register, for each corrective services facility, recording the details of each search carried out at the facility requiring the removal of clothing, and each body search, of a prisoner.

(2)The details must include the following—

(a)the reason for the search;

(b)the names of the persons present during the search;

(c)details of anything seized from the prisoner.

(3)The chief executive must make each register available for inspection by an official visitor.

41   Who may be required to give test sample

(1)The chief executive may require any of the following persons to give a test sample of the type the chief executive requires—

(a)a prisoner;

(b)an offender if—

(i)the giving of the test sample is required by a parole order or court order; or

(ii)for an offender who is released on parole—the chief executive reasonably believes the offender poses a serious and immediate risk of self harm.

(2)The chief executive must give the person the results of the final tests conducted on the test sample as soon as practicable after the chief executive receives the results of the final tests.

42   Giving test sample

(1)The chief executive or a health practitioner may give a prisoner or an offender mentioned in section 41(1)(b) directions about the way the prisoner or offender must give a test sample.

(2)Only a health practitioner may take a sample of blood.

(3)A health practitioner, and anyone acting in good faith at the direction of the health practitioner, may use the force that is reasonably necessary to enable the health practitioner to take the test sample.

(4)A regulation may prescribe—

(a)the number of corrective services officers that must be present when a test sample stated in the regulation is being taken from a prisoner; and

(b)how a test sample stated in the regulation, other than a sample of blood, must be taken.

43   Consequences of positive test sample

(1)If a prisoner gives a positive test sample—

(a)the test result may be considered when assessing the prisoner’s security classification; and

(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), the chief executive 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 the test sample; or

(b)fails to supply the test sample within a reasonable time, unless the prisoner has a reasonable excuse; or

Example of a reasonable excuse—

a medical condition preventing the prisoner from supplying the test sample in the time it might reasonably take another prisoner who does not have the medical condition to supply the sample

(c)alters or invalidates, or attempts to alter or invalidate, the results of the test sample; or

(d)tampers, or attempts to tamper, with the test sample.

Division 4 Mail, personal calls and other communications

Subdivision 1 Mail

44   Prisoner’s ordinary mail at prisoner’s own expense

(1)A prisoner must purchase anything required for the prisoner’s ordinary mail.

(2)However, if the chief executive 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)If subsection (2) applies to a prisoner, the prisoner may post a letter not more than twice a week, unless otherwise approved by the chief executive.

(4)If a prisoner is participating in an approved activity, course or program that requires the prisoner to send things by mail, the postage costs associated with the prisoner’s participation must be paid for by the chief executive.

45   Opening, searching and censoring mail

(1)A corrective services officer authorised by the chief executive may open, search and censor a prisoner’s ordinary mail.

(2)A corrective services officer authorised by the chief executive may, in a prisoner’s presence, open and search the prisoner’s privileged mail or mail purporting to be privileged mail, if the officer reasonably suspects the mail—

(a)contains—

(i)something that may physically harm the person to whom it is addressed; or

(ii)a prohibited thing; or

(b)is not privileged mail.

(3)However, a corrective services officer mentioned in subsection (2) must not read a prisoner’s privileged mail, other than to establish that it is privileged mail, without the prisoner’s written consent.

(4)If a corrective services officer reads a prisoner’s privileged mail, the officer must not disclose the contents to any person.

Maximum penalty—100 penalty units or 2 years imprisonment.

(5)Subject to sections 46 to 48, after a prisoner’s mail has been searched or censored it must be—

(a)for incoming mail—immediately delivered to the prisoner to whom it is addressed; or

(b)for outgoing mail—immediately placed into the external mail system.

46   Seizing and otherwise dealing with mail containing information about the commission of an offence

(1)If a search of a prisoner’s mail reveals information about the commission of an offence—

(a)the mail may be seized by—

(i)if it is privileged mail—the chief executive; or

(ii)if it is ordinary mail—a corrective services officer; and

(b)the chief executive must give the information revealed in the mail to the relevant law enforcement agency.

(2)Subsection (1) does not apply if the prisoner’s mail is privileged mail and the information is about the commission of the offence for which the prisoner is being detained.

47   Seizing harmful or prohibited things contained in privileged mail

The chief executive may seize something in a prisoner’s privileged mail if the thing—

(a)may physically harm the person to whom it is addressed; or

(b)is a prohibited thing.

48   Seizing ordinary mail and things contained in it

(1)A corrective services officer may seize a prisoner’s ordinary mail, or anything in it, to stop—

(a)anything that poses a risk to the security or good order of the corrective services facility entering or leaving the facility; or

(b)anything that appears to be intended for the commission of an offence, or a breach of a court order, entering or leaving the facility; or

(c)threatening or otherwise inappropriate correspondence leaving the facility; or

Example of inappropriate correspondence—

correspondence by a prisoner, who has been convicted of a sexual offence against a child, to a child with whom the prisoner had no relationship before being imprisoned

(d)a prohibited thing entering or leaving the facility; or

(e)the prisoner purchasing goods or services without the chief executive’s written approval.

(2)Subsection (1) does not apply to a document to which legal professional privilege attaches.

49   Register of privileged mail searches

(1)The chief executive must establish a register, for each corrective services facility, recording the following for each search of a prisoner’s privileged mail—

(a)the reasons for the search, including the basis for the corrective services officer’s reasonable suspicion about the mail;

(b)without disclosing the contents of the mail, the result of the search.

(2)The chief executive must make the register available for inspection by an official visitor.

Subdivision 2 Personal calls

50   Personal calls

(1)A prisoner in a corrective services facility may make personal calls on terms and conditions determined by the chief executive under section 51.

(2)A personal call is a call made by a prisoner—

(a)to an individual on admission to a corrective services facility; or

(b)to an individual approved by the chief executive for the prisoner; or

(c)to an entity approved by the chief executive for all prisoners or for a class of prisoners.

(3)The chief executive may also allow the prisoner to have a personal call in other circumstances.

Example—

in the event of a family or other personal emergency

(4)A call under subdivision 3 is not a personal call.

(5)A personal call is to be made at the expense of the prisoner, except that—

(a)the prisoner must be allowed to call an individual on admission to a corrective services facility free of charge; and

(b)the chief executive may excuse a prisoner from paying for a call on grounds considered sufficient by the chief executive.

51   Terms and conditions for making personal calls

(1)Without limiting the chief executive’s power to determine terms and conditions for personal calls by prisoners in corrective services facilities, the terms and conditions may govern the following matters—

(a)when personal calls may be made by prisoners;

(b)how personal calls, which may include calls by audio-visual means, may be made by prisoners;

(c)the length and frequency of personal calls that may be made by prisoners.

(2)The terms and conditions may differentiate between prisoners according to—

(a)the security classification, including risk sub-category, of the prisoners; or

(b)the special needs of prisoners; or

(c)another factor prescribed by regulation for this section.

(3)The terms and conditions are to be set out in administrative procedures under section 265.

(4)More restrictive terms and conditions may be applied to a prisoner if the chief executive reasonably believes the prisoner is likely to use personal calls to engage in prohibited prisoner communication.

(5)For subsection (4), the chief executive may have regard to the following—

(a)whether a domestic violence order or notice is, or has ever been, in force against the prisoner;

(b)the terms of a domestic violence order or notice or other court order in force against the prisoner;

(c)information from a law enforcement agency;

(d)the record of the prisoner relating to prohibited prisoner communication and the making of personal calls in contravention of applicable terms and conditions;

(e)the nature and seriousness of the prisoner’s criminal history or history of breaching domestic violence orders or notices or other court orders;

(f)any other factor the chief executive considers relevant.

(6)The terms and conditions must not limit a prisoner to fewer than 7 personal calls in any 7 day period.

52   Refusing and revoking approval of individual for personal call

(1)The chief executive must not approve an individual for personal calls by a prisoner, and must revoke the approval of an individual, if the individual informs the chief executive that the individual does not consent, or no longer consents, to the prisoner calling the individual.

(2)The chief executive may refuse to approve an individual, and may revoke the approval of an individual, for personal calls by a prisoner if the chief executive reasonably believes—

(a)the individual is a victim or alleged victim of an offence committed or alleged to have been committed by the prisoner; or

(b)the contact details proposed for a personal call to the individual are not correct or are not suitable for a personal call made by a prisoner; or

(c)a personal call from a prisoner to the individual has been, or is likely to be, used for a prohibited prisoner communication.

(3)The chief executive may suspend the approval of an individual while investigating whether the approval should be revoked under subsection (2).

(4)The suspension of an approval of an individual ceases to have effect 6 months after it was imposed if the chief executive has not before then revoked the approval or withdrawn the suspension.

(5)Nothing in this section derogates from the power of the chief executive to revoke an approval under the Acts Interpretation Act 1954, section 24AA.

52A   Offence by prisoner relating to diversion of personal call

A prisoner must not—

(a)make a personal call knowing the call will be diverted to allow the prisoner to contact someone other than an individual approved for personal calls by the prisoner; or

(b)intentionally continue with a personal call—

(i)the prisoner knows is diverted; or

(ii)that allows the prisoner to contact someone other than an individual approved for personal calls by the prisoner; or

(c)make a personal call and ask the person called to make a conference call to someone other than an individual approved for personal calls by the prisoner.

Maximum penalty—6 months imprisonment.

52B   Recording or monitoring of personal calls

(1)The chief executive may record or monitor a prisoner’s personal calls.

(2)The prisoner and the other party to a prisoner’s personal call must be told the communication may be recorded and monitored.

(3)If a prisoner’s personal call recorded or monitored under this section reveals information about the commission of an offence, the chief executive must give the information to the relevant law enforcement agency.

52C   Power to end personal calls

The chief executive may end a prisoner’s personal call if the chief executive reasonably believes—

(a)there has been a contravention of the terms and conditions applicable to the call under section 51; or

(b)the call is being, or has been, used to engage in prohibited prisoner communication.

Subdivision 3 Other communications

52D   Communication with lawyer

(1)A prisoner in a corrective services facility is authorised to communicate by phone or other approved means with the prisoner’s lawyer, subject to confirmation of the identity and appointment of the lawyer.

(2)Communication with a prisoner under subsection (1)—

(a)takes place in accordance with arrangements approved by the chief executive; and

(b)must not be recorded or monitored by the chief executive.

52E   Other authorised prisoner communications

(1)A prisoner in a corrective services facility may communicate with the following—

(a)an officer of a law enforcement agency;

(b)the parole board;

(c)the ombudsman;

(d)the inspector of detention services.

(2)Communication with a prisoner under subsection (1)—

(a)takes place in accordance with arrangements approved by the chief executive; and

(b)must not be recorded or monitored by the chief executive.

Subdivision 4 [Repealed]

Division 5 Safety orders

53   Safety order

(1)The chief executive may make an order (a safety order) for a prisoner if—

(a)an authorised practitioner advises the chief executive that the authorised practitioner reasonably believes there is a risk of the prisoner self harming or harming someone else; or

(b)the chief executive reasonably believes—

(i)there is a risk of the prisoner harming, or being harmed by, someone else; or

(ii)the safety order is necessary for the security or good order of the corrective services facility.

(2)The safety order must not be for a period longer than 1 month.

(3)The safety order must state the conditions, prescribed by regulation, that apply to the prisoner’s treatment.

(4)The chief executive may limit the privileges of a prisoner during the period of the safety order if the chief executive reasonably believes that during the period—

(a)it will not be practicable for the prisoner to receive privileges to the extent the prisoner would otherwise have received them; or

(b)having regard to the purpose of the safety order, it is not desirable that the prisoner receive privileges to the extent the prisoner would otherwise have received them.

(5)Without limiting subsection (3), the safety order must also state the extent to which, as decided by the chief executive, the prisoner may receive privileges during the period of the safety order.

(6)During the period of the safety order, the prisoner may be accommodated separately from other prisoners, including, for example, in a health centre at the corrective services facility.

(7)If the prisoner is separated from other prisoners during the period of the safety order, the chief executive may provide for the prisoner’s reintegration, before the period ends—

(a)into the mainstream prisoner population of the corrective services facility; or

(b)into the routine that applied to the prisoner before the safety order took effect.

(8)In this section—

health centre means a part of a corrective services facility where prisoners are treated and medication is dispensed.

54   Consecutive safety orders

(1)The chief executive may make a further safety order for a prisoner to take effect at the end of an existing safety order.

(2)However, if the existing safety order was made on the advice of an authorised practitioner, the further safety order may be made only on the advice of another authorised practitioner.

(3)The further safety order must be made not more than 7 days before the end of the existing safety order.

(4)Also, if the existing safety order is taken to be for a period of more than 1 month under subsection (5), the chief executive must not make the further safety order unless—

(a)not more than 14 days before the end of the existing safety order, the chief executive gives written notice to the prisoner advising the prisoner that—

(i)the chief executive is about to consider whether a further safety order should be made; and

(ii)the prisoner may, within 7 days after receiving the written notice, make submissions to the chief executive about anything relevant to the decision about making the further safety order; and

(b)the chief executive considers any submission the prisoner makes under paragraph (a)(ii).

(5)For this section, 2 or more safety orders running consecutively are taken to be 1 safety order.

Example—

Initially, a safety order for a prisoner is made for a period of 2 weeks and a further safety order for the prisoner is made under this section for a period of 3 weeks. For this section, the existing safety order is taken to have been made for a period of 5 weeks.

55   Review of safety order—authorised practitioner

(1)If a safety order was made on the advice of an authorised practitioner (the advising practitioner), the chief executive must refer the order to another authorised practitioner (the reviewing practitioner) for review as required under subsection (2).

(2)The safety order must be reviewed—

(a)if the advising practitioner recommended the order be reviewed at intervals of not more than 7 days—at intervals of not more than 7 days; or

(b)otherwise—as soon as practicable.

(3)The reviewing practitioner must review the safety order as required under subsection (2).

(4)After completing the review, the reviewing practitioner must recommend to the chief executive whether the safety order should be confirmed, amended in a particular way or cancelled.

(5)The chief executive must consider the recommendation and confirm, amend or cancel the safety order.

(6)To remove any doubt, it is declared that the chief executive is not bound by the reviewing practitioner’s recommendation.

56   Review of safety order—official visitor

(1)A prisoner subject to a safety order may apply in writing to the chief executive for referral of the order to an official visitor for review.

(2)After receiving the application, the chief executive must refer the safety order to an official visitor.

(3)The official visitor must review the safety order.

(4)If a safety order for a prisoner is for a period of more than 1 month, an official visitor must review the order—

(a)as near as practicable to the end of the first month; and

(b)subsequently, at intervals of not more than 1 month until the period ends.

(5)When reviewing a safety order, an official visitor may exercise the powers mentioned in section 291.

(6)After completing a review, an official visitor must recommend to the chief executive whether the safety order should be confirmed, amended or cancelled.

(7)If the official visitor recommends that the safety order be amended by reducing the period of the order, or that the order be cancelled, the official visitor must also recommend to the chief executive what should be done about any privileges forfeited by the prisoner while the order applied to the prisoner.

(8)The chief executive must consider the recommendations and either confirm, amend or cancel the safety order.

(9)To remove any doubt, it is declared that the chief executive is not bound by an official visitor’s recommendations.

(10)For this section, 2 or more safety orders running consecutively are taken to be 1 safety order.

57   Health examination

If a safety order is made for a prisoner, a health practitioner, who is not an authorised practitioner, must examine the prisoner for any health concerns—

(a)as soon as practicable after the order is made; and

(b)subsequently, at intervals of not more than 7 days (to the greatest practicable extent) for the duration of the order.

58   Temporary safety order

(1)The chief executive may make a temporary order (the temporary safety order) for a prisoner if—

(a)an authorised practitioner is not available to advise the chief executive about the risk of the prisoner self harming or harming someone else; and

(b)a corrective services officer or health practitioner, who is not an authorised practitioner, advises the chief executive that the officer or health practitioner reasonably believes the prisoner may self harm or harm someone else.

(2)The temporary safety order must not be for a period longer than 5 days.

(3)The chief executive must refer the temporary safety order to an authorised practitioner before the period ends.

(4)The authorised practitioner must review the temporary safety order as soon as practicable before the period ends.

(5)After completing the review, the authorised practitioner must recommend to the chief executive whether—

(a)the chief executive should make a safety order for the prisoner; or

(b)the temporary safety order should be cancelled.

(6)The chief executive must consider the recommendation and—

(a)if the recommendation is that a safety order be made for the prisoner—make a safety order for the prisoner; or

(b)cancel the temporary safety order.

59   Record

(1)The chief executive must record, for each corrective services facility, the details of each prisoner subject to a safety order or temporary safety order.

(2)For a safety order, the details must include each of the following—

(a)the prisoner’s name, identification number and age;

(b)whether the prisoner is an Aboriginal or Torres Strait Islander person;

(c)the name of any authorised practitioner on whose advice the order was made;

(d)the date on which the order was made;

(e)the period for which the order was made;

(f)the dates the prisoner was examined under section 57;

(g)if the order was reviewed—

(i)the date when the review was carried out; and

(ii)the name of the authorised practitioner or official visitor who reviewed the order; and

(iii)the decision of the chief executive.

(3)For a temporary safety order, the details must include each of the following—

(a)the prisoner’s name, identification number and age;

(b)whether the prisoner is an Aboriginal or Torres Strait Islander person;

(c)the name of the corrective services officer or health practitioner on whose advice the order was made;

(d)the date on which the order was made;

(e)the period for which the order was made;

(f)the date when the order was reviewed;

(g)the name of the authorised practitioner who reviewed the order;

(h)the decision of the chief executive following the review.

Division 6 Maximum security orders

60   Maximum security order

(1)The chief executive may make an order (the maximum security order) that a prisoner be accommodated in a maximum security unit.

(2)However, the chief executive may direct that the prisoner be accommodated for the whole or a part of the period for which the maximum security order is in effect in an area in the corrective services facility other than a maximum security unit.

(3)The maximum security order may be made only if the chief executive reasonably believes that 1 or more of the following apply—

(a)there is a high risk of the prisoner escaping or attempting to escape;

(b)there is a high risk of the prisoner killing or seriously injuring other prisoners or other persons with whom the prisoner may come into contact;

(c)generally, the prisoner is a substantial threat to the security or good order of the corrective services facility.

(4)The maximum security order must not be for a period longer than 6 months.

61   Consecutive maximum security orders

(1)The chief executive may make a further maximum security order for a prisoner to take effect at the end of an existing maximum security order.

(2)The further maximum security order must be made not more than 14 days before the end of the existing maximum security order.

(3)However, the chief executive must not make the further maximum security order unless—

(a)not more than 28 days before the end of the existing maximum security order, the chief executive gives written notice to the prisoner advising the prisoner that—

(i)the chief executive is about to consider whether a further maximum security 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 further maximum security order; and

(b)the chief executive considers any submission the prisoner makes under paragraph (a)(ii).

62   Other matters about maximum security order

(1)A maximum security order for a prisoner must include, if it is practicable, directions about the extent to which—

(a)the prisoner is to be separated from other prisoners; and

(b)the prisoner is to receive privileges.

(2)The privileges the prisoner may receive while subject to the maximum security order must be limited to privileges—

(a)that can be enjoyed within the maximum security unit or in the area in which the prisoner is accommodated; 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 corrective services facility.

(3)The maximum security order may include directions about the prisoner’s access to programs and services, including training and counselling.

(4)The chief executive may provide for the prisoner’s reintegration into the mainstream prisoner population of the corrective services facility before the period of the maximum security order ends.

63   Review of maximum security order

(1)A prisoner subject to a maximum security order may apply in writing to the chief executive for referral of the order to an official visitor for review.

(2)However—

(a)if the period of the maximum security order is 3 months or less, the prisoner can not ask for the order to be referred more than once; or

(b)if the period of the maximum security order is more than 3 months, the prisoner can not ask for the order to be referred more than twice in any 6 month period.

(3)After receiving an application under subsection (1), the chief executive must refer the maximum security order to an official visitor.

(4)The official visitor must review the maximum security order.

(5)In addition to the prisoner’s entitlement under subsection (2), the prisoner may also ask for the maximum security order to be referred to an official visitor if the chief executive amends the order, other than under subsection (9).

(6)The official visitor, on the official visitor’s own initiative, must review the maximum security order if—

(a)the period of the order is more than 3 months; and

(6)This section prevails to the extent it is inconsistent with section 268 or 273.

(7)In this section—

expectation includes right, privilege, entitlement and eligibility.

268B   Further provisions about transitional release circumstances

(1)Section 268A has no effect in relation to—

(a)a post-prison community based release order granted on or after 1 July 2001 but before 30 October 2001 on the basis of an application made before 1 July 2001 for a form of release that corresponds to a form of release available under chapter 5; or

(b)a decision made by a court before 30 October 2001 upholding, in action brought by a particular prisoner, that prisoner’s expectation to be released, or to be considered for release; or

(c)the terms of a release instrument made before 1 July 2001, or any decision relating to the making of the release instrument, giving a prisoner an expectation to be further released after, or to be considered for a further release taking effect after, 1 July 2001.

Example for subsection (1)(c)—

Suppose on 1 June 2001 a prisoner was released on leave of absence to engage in employment (commonly known as ‘leave of absence (release to work)’). The terms of the release instrument included a statement that the prisoner would be considered for release on home detention after the prisoner had successfully completed 3 months release to work. Section 268A has no effect on the statement’s operation.

(2)For giving effect to terms mentioned in subsection (1)(c), a prisoner may be released at any time the prisoner may have been released under the terms if the repealed Corrective Services Act 1988 had not been repealed.

(3)Subject to subsections (1) and (2) and without limiting section 268A, any requirement that may have existed after the repeal of the repealed Corrective Services Act 1988 and before the commencement of this section that a person be dealt with in a way inconsistent with section 135(2) is extinguished.

(4)Section 268A and subsection (3) prevail to the extent they are inconsistent with the Acts Interpretation Act 1954, sections 20 and 20C(3), the Criminal Code, section 11(2), the Penalties and Sentences Act 1992, section 180(1) or any other law of similar effect.

(5)In this section—

expectation includes right, privilege, entitlement and eligibility.

release instrument means an instrument under which a prisoner was released.

268C   Counting time if parole cancelled before 1 July 2001

(1)This section applies if, before 1 July 2001—

(a)a person was sentenced to imprisonment and subsequently was released on parole as provided for under a previous Act; and

(b)the person’s parole was cancelled as provided for under a previous Act, whether by order or otherwise.

(2)It is declared that no part of the time, including any time on or after 1 July 2001, between the person’s release on parole and the person recommencing to serve the unexpired portion of the person’s period of imprisonment is to be regarded as time served in respect of that period of imprisonment (other than any period during which the person was kept in custody consequent upon the person’s parole being suspended under a previous Act).

(3)For subsection (2), the following are irrelevant—

(a)whether any relevant warrant is or was issued or executed in relation to the person before, on or after 1 July 2001;

(b)whether any relevant warrant is or was executed in Queensland or elsewhere;

(c)whether particular provisions of this Act were applied to the person for a particular matter, including, for example, giving an information notice under section 150.

(4)Further, it is declared that subsection (2) is, and has always been, the law about the matters it deals with, and that law was unaffected by the enactment of sections 152(2), 268 and 268A.

(5)In this section—

previous Act means—

(a)the Corrective Services Act 1988; or

(b)the Offenders Probation and Parole Act 1980; or

(c)the Offenders Probation and Parole Act 1959.

274E   Classified patient taken to be prisoner

A person is taken to have been a prisoner for chapter 5, part 1 if, during the period starting on 28 February 2002 and ending on the commencement of this section, the person was—

(a)a classified patient being detained in an authorised mental health service under the Mental Health Act 2000; and

(b)serving a period of imprisonment.

Schedule 4 Dictionary

section 4

2000 Act see section 356.

access approval, for a visitor, see section 155(1).

accredited visitor means—

(a)the Minister; or

(b)a member of the Legislative Assembly; or

(c)a judicial officer; or

(d)a board member; or

(e)the ombudsman; or

(f)an inspector, including the chief inspector; or

(g)the inspector of detention services; or

(h)an official visitor; or

(i)a community visitor (child) under the Public Guardian Act 2014; or

(j)a child advocacy officer under the Public Guardian Act 2014; or

(k)any of the following persons—

(i)a member of the UN subcommittee;

(ii)a UN expert accompanying the UN subcommittee;

(iii)an interpreter or other person assisting the UN subcommittee accompanying the subcommittee.

additional information, for chapter 5, see section 175R(5).

agency arrangement, for chapter 6, part 13A, see section 344B.

alcohol test, for chapter 6, part 9A, see section 306A.

amending Act, for chapter 7A, part 4, see section 480.

Anti-Discrimination Act means the Anti-Discrimination Act 1991.

applied discipline procedure see section 406(2).

appointed board member see section 221(2).

appointed member ...

appropriately qualified, for a person appointed to a position or to whom functions or powers are delegated, includes having the qualifications, experience or standing appropriate—

(a)to perform the functions or exercise the powers of the position; or

(b)to perform the delegated functions or exercise the delegated powers.

Example of standing—

a person’s classification level in the public service

approved, other than for an approved resettlement leave program, means approved by the chief executive.

approved form means a form approved under section 354.

approved resettlement leave program means a resettlement leave program approved under section 76(1) or 77(1) as in force before the commencement of the Corrective Services and Other Legislation Amendment Act 2009, section 11.

attendance notice see section 219(1).

authorised functions, for an engaged service provider, see section 272(1).

authorised mental health service means an authorised mental health service under the Mental Health Act 2016.

authorised practitioner means a person appointed as an authorised practitioner under section 305B.

award of compensation, for chapter 6, part 12B, see section 319J.

award of damages, for chapter 6, part 12B, see section 319J.

biometric identification system means an electronic system used to collect and store data about an individual’s biometric information in a way that enables the data to be used to identify the individual.

biometric information, for an individual, means the following information—

(a)a photograph of the individual;

(b)information taken from the individual’s hands, feet, eyes or voice by way of a scan or print, including, for example, fingerprints, vein patterns, footprints or toeprints.

board member see section 221(1).

body search, of a prisoner, means a search of the prisoner’s body, including an examination of an orifice or cavity of the prisoner’s body.

breach of discipline means an act or omission prescribed under section 113(1) as a breach of discipline.

charge, for chapter 6, part 13, division 2, see section 327.

chief inspector means the person who holds appointment as chief inspector under section 296.

Chief Judge see the Judicial Remuneration Act 2007, schedule 2.

Chief Justice see the Judicial Remuneration Act 2007, schedule 2.

child in care means a child—

(a)who is in the custody or guardianship of the child protection chief executive; or

(b)who, under an agreement entered into by the child protection chief executive and a parent of the child, has been placed in the care of someone other than a parent of the child.

child protection chief executive means the chief executive of the department in which the Child Protection Act 1999 is administered.

child support registrar, for chapter 6, part 12B, see section 319J.

collection entity, for chapter 6, part 12B, see section 319J.

commencement—

(a)for chapter 7, see section 356; or

(b)for chapter 7A, see section 480.

commissioner means the commissioner of the police service.

commissioner’s report, for chapter 5, see section 175B.

Commonwealth control order means a control order as defined in the Criminal Code (Cwlth), section 100.1(1).

community based order means—

(a)a community service order; or

(b)a fine option order; or

(c)an intensive correction order; or

(d)a probation order.

community board member see section 221(1)(f).

community corrections centre means a place declared to be a community corrections centre under section 151(1)(a)(i).

community corrections office means an office where an offender subject to a parole order or community based order may be required to report to a corrective services officer.

community corrective services means services—

(a)for offenders who are not prisoners; or

(b)provided at a community corrections office.

community service means an activity declared to be community service under section 270(1).

community service leave see section 72(1)(a).

community service order means a community service order under the Penalties and Sentences Act 1992.

community service supervisor see section 270(2).

compassionate leave see section 72(1)(b).

conditional release ...

conditional release order ...

confidential information see section 341(5).

constable, for chapter 2, part 1A, see section 18A.

contact visit means a personal visit during which there is direct contact between the prisoner and personal visitor.

contemporaneous communication link means a link using technology that allows persons using the link to hear and take part in discussions as they happen.

Example of technology—

videoconferencing

conviction, for a prescribed provision, means a finding of guilt, or the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.

cooperation, for chapter 5, see section 175B.

corrections board, for sections 432(1) and 442(1)(a), means a corrections board within the meaning of the 2000 Act.

corrective services means—

(a)community corrective services; or

(b)custodial corrective services.

corrective services dog means a dog certified under section 279 as a corrective services dog.

corrective services facility—

(a)generally, means—

(i)a prison; or

(ii)a community corrections centre; or

(iii)a work camp; and

(b)for chapter 6, part 2, division 3—see section 271A.

corrective services officer means a person who holds appointment as a corrective services officer under section 275.

corrective services officer recruit, for chapter 6, part 9A, see section 306A.

corrective services person, for chapter 6, part 9A, see section 306B.

corresponding interstate leave permit means a permit, issued under a corresponding law, that corresponds to an interstate leave permit.

corresponding law means a law declared under section 96 to be a corresponding law for chapter 2, part 2, division 9.

corrupt conduct see the Crime and Corruption Act 2001, section 15.

COSO ...

court includes—

(a)a court exercising appellate jurisdiction; and

(b)any justice or justices of the peace examining witnesses in relation to an indictable offence.

court order includes the order of a tribunal.

court ordered parole order means an order issued by the chief executive under section 199 in accordance with a court order under the Penalties and Sentences Act 1992, section 160B(3) fixing the date for the prisoner to be released on parole.

criminal history, of a person, means all of the following—

(a)every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this section;

(b)every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this section;

(c)the court briefs for the offences.

Criminal Offence Victims Act ...

criminal organisation ...

criminal organisation segregation order ...

current declaration see section 175G(2).

custodial corrective services means services for prisoners in a corrective services facility.

dangerous drug means a dangerous drug under the Drugs Misuse Act 1986.

deciding officer means—

(a)for a minor breach of discipline—a corrective services officer, whether or not the officer is the same officer who decided under section 113 to start proceedings for the breach; or

(b)for a major breach of discipline—a corrective services officer who holds a more senior position than the corrective services officer who decided under section 113 to start proceedings for the breach.

deputy president means a deputy president of the parole board.

detained means detained in custody.

detained dangerous prisoner (sexual offender) means a prisoner subject to a continuing detention order or interim detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003.

disbursements, for chapter 6, part 12B, see section 319J.

discharge, for either of the following persons, means release the person from lawful custody, other than on parole—

(a)a prisoner;

(b)a person mentioned in section 110(1)(a)(ii).

discharge day, for either of the following persons, means the day on which the person is eligible to be discharged—

(a)a prisoner;

(b)a person mentioned in section 110(1)(a)(ii).

domestic violence see the Domestic and Family Violence Protection Act 2012, section 8.

domestic violence order or notice means an order or notice that would be included in a person’s domestic violence history under the Domestic and Family Violence Protection Act 2012.

drug control direction, for chapter 6, part 13A, see section 344B.

drug control officer, for chapter 6, part 13A, see section 344B.

drug trafficking offence means—

(a)an offence against the Drugs Misuse Act 1986, section 5; or

(b)an offence of counselling or procuring the commission of, or attempting or conspiring to commit, an offence mentioned in paragraph (a).

drug vault, for chapter 6, part 13A, see section 344B.

early discharge means discharge under section 108(3) or 110.

educational leave see section 72(1)(c).

eligible entity claim, for chapter 6, part 12B, see section 319ZC(3).

eligible person, in relation to a prisoner, means a person included on the eligible persons register as an eligible person in relation to the prisoner.

eligible persons register means the register kept under section 320(1).

eligible victim claim, for chapter 6, part 12B, see section 319X(3).

engaged by the department means each of the following persons—

(a)a public service employee in the department;

(b)an honorary officer;

(c)an agent;

(d)a person working in the department as a volunteer or as a student on work experience.

engaged service provider see section 272(1).

entity claim, for chapter 6, part 12B, see section 319Z.

escape includes being unlawfully at large.

exceptional circumstances parole order means a parole order mentioned in section 194(2).

existing parole application ...

existing regional board means a regional community corrections board in existence under the 2000 Act immediately before the commencement of section 438.

expectation includes right, privilege, entitlement and eligibility.

finally decided, for chapter 6, part 12B, see section 319J.

financial assistance agreement see section 252(1).

fine option order means a fine option order under the Penalties and Sentences Act 1992.

former senior board member means a person who has held office as the president or a deputy president.

general clothes means clothes that are not an inner garment or outer garment.

general search, of a person, means a search to reveal the contents of the person’s outer garments or general clothes or of a thing in the person’s possession.

grantee means the grantee of a grant of financial assistance under chapter 6, part 1.

grievous bodily harm see the Criminal Code, section 1.

health leave see section 72(1)(d).

health practitioner means a registered health practitioner under the Health Practitioner Regulation National Law (Queensland), section 5.

health service, for chapter 6, part 8A, see section 305A.

homicide offence means any of the following offences—

(a)an offence against any of the following provisions of the Criminal Code—

(i)section 236(2);

(ii)sections 302 and 305;

(iii)sections 303 and 310;

(iv)section 307;

(v)section 309;

(vi)section 314A;

(b)an offence of becoming an accessory after the fact to an offence mentioned in paragraph (a)(i), (iii), (v) or (vi);

(c)an offence of counselling or procuring the commission of, or conspiring to commit, an offence mentioned in paragraph (a) or (b);

(d)an offence against a law of another jurisdiction that substantially corresponds to an offence mentioned in paragraph (a), (b) or (c).

homicide offender means a person who has been found guilty of a homicide offence.

identified participant ...

imaging search, of a person, means a search of the person using electronic imaging produced by a method of scanning the person, including, for example, using ionising or non-ionising radiation.

immediate family member, of a person, means—

(a)the person’s spouse, child, stepchild, parent, step-parent, brother, sister, stepbrother, stepsister or grandparent; or

(b)the person’s legal guardian; or

(c)if the person is an Aboriginal or Torres Strait Islander person—a person who, under Aboriginal tradition or Island custom is regarded as an immediate family member of the person.

impaired capacity see the Guardianship and Administration Act 2000, schedule 4.

in, a corrective services facility, includes at or on the facility.

incident means—

(a)the death (other than by natural causes), or the serious injury, of someone who is—

(i)in a corrective services facility; or

(ii)subject to a community based order or parole order and under the direct personal supervision of a corrective services officer; or

Example—

A prisoner is one of a group of prisoners repairing a hall as part of community service performed under the direct personal supervision of a corrective services officer. If the prisoner cuts off a finger with a power saw, the injury is an incident even though the officer was helping another prisoner at the time of the incident.

However, if a prisoner cuts off a finger with a power saw while doing home renovations while on parole, and a corrective services officer is not at the home at the time, the injury is not an incident.

(b)an escape or attempted escape from secure custody; or

(c)a riot or mutiny involving prisoners while in custody; or

(d)another event involving prisoners that the chief executive considers requires being investigated by inspectors.

information notice, about a decision of the chief executive, means a written notice that includes the following—

(a)the decision;

(b)the chief executive’s reasons for the decision;

(c)the date the decision has effect.

inner garment means a garment worn underneath general clothes, including, for example, underwear.

inspector means a person who holds an appointment as an inspector under section 294.

inspector of detention services means the inspector of detention services under the Inspector of Detention Services Act 2022.

intensive correction order means an intensive correction order under the Penalties and Sentences Act 1992.

interstate escort see section 94(1).

interstate leave permit see section 89(1).

interstate prisoner means a person who, under a corresponding law, is a prisoner.

judge, for chapter 5, part 2, division 6, means a Supreme Court judge or District Court judge.

Judges Pensions Act means the Judges (Pensions and Long Leave) Act 1957.

law enforcement agency means—

(a)the Crime and Corruption Commission, a commission of inquiry under the Commissions of Inquiry Act 1950, or the police service; or

(b)the Australian Federal Police; or

(c)the Australian Crime Commission established under the Australian Crime Commission Act 2002 (Cwlth), section 7; or

(d)a police service of another State or of a foreign country; or

(e)an entity established under the law of the Commonwealth or a State to investigate corruption or crime; or

(f)the Australian Security Intelligence Organisation under the Australian Security Intelligence Organisation Act 1979 (Cwlth); or

(g)a Commonwealth department in which any of the following laws is administered—

(i)the Australian Border Force Act 2015 (Cwlth);

(ii)the Customs Act 1901 (Cwlth), other than parts XVB and XVC;

(iii)the Migration Act 1958 (Cwlth); or

(h)another entity declared by regulation to be a law enforcement agency.

leave of absence, other than for section 227, means any of the following—

(a)community service leave;

(b)compassionate leave;

(c)educational leave;

(d)health leave;

(e)reintegration leave granted under section 72(1)(e) as in force before the commencement of the Corrective Services and Other Legislation Amendment Act 2009, section 10(1);

(f)resettlement leave granted under section 72(1)(f) as in force before the commencement of the Corrective Services and Other Legislation Amendment Act 2009, section 10(1);

(g)leave mentioned in section 72(1)(e).

legal visitor, of a prisoner, means a visitor of the prisoner who is—

(a)the prisoner’s lawyer; or

(b)a person authorised in writing by the prisoner’s lawyer to act for the lawyer.

lethal force means force that is likely to cause death or grievous bodily harm.

low alcohol limit, for chapter 6, part 9A, see section 306C(b).

mail includes documents received at or sent from a corrective services facility, including, for example, by fax or another apparatus.

major breach of discipline means a breach of discipline decided under section 113 to be proceeded with as a major breach of discipline.

maximum security order see section 60(1).

maximum security unit means a facility for the accommodation of prisoners at a prison that is designed and constructed so that—

(a)prisoners accommodated in the facility are totally separated from all other prisoners at the prison; and

(b)some or all of the prisoners accommodated in the facility can be totally separated from all other prisoners accommodated in the facility.

medical examination or treatment includes psychiatric examination or treatment.

minor breach of discipline means a breach of discipline decided under section 113 to be proceeded with as a minor breach of discipline.

misconduct, for a staff member, means conduct that would constitute a disciplinary ground under the Public Sector Act 2022, section 91 if the staff member were a public service employee under that Act.

most recent parole application ...

new parole application ...

no alcohol limit, for chapter 6, part 9A, see section 306C(a).

no body-no parole prisoner, for chapter 5, see section 175C.

no cooperation declaration, for chapter 5, see section 175L.

non-contact visit means a personal visit during which there is no direct physical contact between the prisoner and the personal visitor.

Norfolk Island court, for chapter 2, part 1A, see section 18A.

Norfolk Island magistrate, for chapter 2, part 1A, see section 18A.

Norfolk Island prisoner, for chapter 2, part 1A, see section 18B.

Norfolk Island warrant, for chapter 2, part 1A, see section 18A.

nurse means a person registered under the Health Practitioner Regulation National Law—

(a)to practise in the nursing profession, other than as a student; and

(b)in the registered nurses division of that profession.

offence means an offence against an Act.

offender means—

(a)a prisoner; or

(b)a person who is subject to a community based order.

official misconduct ...

official visitor means a person who holds an appointment as an official visitor under section 285.

Optional Protocol means the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly of the United Nations on 18 December 2002, as amended and in force for Australia from time to time.

order, in relation to a Norfolk Island court or Norfolk Island magistrate, for chapter 2, part 1A, see section 18A.

ordinary mail means mail other than privileged mail.

outer garment means an overcoat, jacket, jumper, hat or other item that can be removed without exposing an inner garment.

owner, of a seized thing, includes a person who had lawful possession of the thing immediately before its seizure.

parent, of a child, see the Child Protection Act 1999, section 11.

parole board see section 216.

parole eligibility date, for a prisoner, means the parole eligibility date applying to the prisoner under chapter 5, part 1, division 1, subdivision 2.

parole order—

(a)means a parole order mentioned in section 194 or a court ordered parole order; and

(b)for chapter 5, part 1, division 1, subdivision 2—see section 178; and

(c)for chapter 5, part 1, division 2—see section 186.

Note—

Under the Youth Justice Act 1992, sections 136 and 276E, the provisions of this Act that apply to a parole order also apply to a statutory parole order under those sections of that Act.

parole period means the period during which a prisoner is released on parole.

participant ...

participating State means a State in which a corresponding law is in force.

period of imprisonment see the Penalties and Sentences Act 1992, section 4.

permanent board member see section 221(3).

person, for chapter 3, part 3, see section 125.

personal call see section 50(2) to (4).

personal search, of a prisoner, means a search in which light pressure is momentarily applied to the prisoner over the prisoner’s general clothes without direct contact being made with—

(a)the prisoner’s genital or anal areas; or

(b)for a female prisoner—the prisoner’s breasts.

personal visit means a visit of a prisoner by a personal visitor of the prisoner.

personal visitor, of a prisoner, means a visitor of the prisoner who is—

(a)a relative of the prisoner; or

(b)a person who the chief executive is satisfied has a personal relationship with the prisoner.

police representative see section 221(1)(d).

positive test sample means a test sample that shows a prisoner has used a substance that is a prohibited thing.

potential claimant, for chapter 6, part 12B, see section 319J.

prescribed board member means—

(a)the president; or

(b)a deputy president; or

(c)a professional board member.

prescribed provision means—

(a)section 193B; or

(b)section 193D; or

(c)section 234(3), definition prescribed prisoner; or

(d)definition criminal history.

prescribed requirement means a requirement prescribed under section 256(1).

prescribed salary means—

(a)in relation to the president or a former senior board member who held office as the president—the total of the following payable to a Supreme Court judge, other than the Chief Justice or President of the Court of Appeal, under the Judicial Remuneration Act 2007—

(i)the annual rate of salary;

(ii)the annual rate of the jurisprudential allowance and expense-of-office allowance; or

(b)in relation to a deputy president or a former senior board member who held office as a deputy president—the total of the following payable to a District Court judge, other than the Chief Judge or a retired acting District Court judge, under the Judicial Remuneration Act 2007—

(i)the annual rate of salary;

(ii)the annual rate of the jurisprudential allowance and expense-of-office allowance.

president means the president of the parole board.

President of the Court of Appeal see the Judicial Remuneration Act 2007, schedule 2.

previous, if followed by a provision number—

(a)for chapter 7, see section 356; or

(b)for chapter 7A, part 4, see section 480.

primary care giver, for a child, means a person—

(a)with whom the child is required to live under a court order, whether or not the person is the child’s parent; or

(b)who is the sole provider of ongoing daily care for the child.

primary school includes a full-time preparatory year of education.

prison means a place declared to be a prison under section 149(1).

prisoner—

1Prisoner—

(a)means a person who is in the chief executive’s custody, including a person who is released on parole; and

(b)for chapter 5, part 1, includes a classified patient under the Mental Health Act 2016 who is serving a period of imprisonment.

2However, prisoner does not include a person who is released on parole, or a supervised dangerous prisoner (sexual offender), for the following provisions—

•sections 12 to 24, 28 to 40 and 43

•chapter 2, part 2, divisions 4 to 9A

•chapter 3, parts 1 and 2

•chapter 4, parts 2 and 4

•chapter 6, parts 5, 6 and 11.

3Also, prisoner does not include a detained dangerous prisoner (sexual offender) for the following provisions—

•chapter 2, part 2, division 10 or 11

•chapter 5.

prisoner facilities means the common areas provided in a corrective services facility for access by prisoners.

prisoner information ...

prisoner of a court or prisoner of the court means a person who is in the custody of a court.

prisoner’s account means a prisoner’s account in the prisoners trust fund.

prisoner’s agent does not include a lawyer.

prisoner’s mail means mail sent to, or by, a prisoner.

prisoner’s property see section 317(1).

prisoners trust fund means the trust fund kept under section 311.

privileged mail means mail sent to, or by, a person who is prescribed under a regulation.

privileges, for a prisoner, means privileges prescribed under a regulation for a prisoner.

probation and parole office ...

probation order means a probation order under the Penalties and Sentences Act 1992.

professional board member see section 221(1)(c).

prohibited prisoner communication means communication during a prisoner’s personal call that constitutes or facilitates—

(a)an offence, including an offence against section 52A or 132; or

(b)a breach of a domestic violence order or notice or other court order in force against a prisoner; or

(c)domestic violence; or

(d)a threat to a person’s safety or welfare; or

(e)an incitement to commit violence against a person or to destroy property; or

(f)gambling by a prisoner; or

(g)a threat to the security or good order of a corrective services facility.

prohibited thing means something prescribed to be a prohibited thing under section 123(1).

proper officer, of a court, means—

(a)for the Supreme Court sitting at Brisbane or the Court of Appeal—the sheriff; or

(b)for the Supreme Court sitting somewhere else—the person performing the duties of sheriff at the place where the court is sitting; or

(c)for the District Court—the registrar of the court; or

(d)for a court constituted by a magistrate or justice of the peace—the clerk of the court at the place where the court is sitting.

protected defendant see section 319A.

psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student.

public sector entity means an agency, authority, commission, corporation, department, instrumentality, office, or other entity, established under an Act for a public or State purpose, including a government owned corporation.

public service representative see section 221(1)(e).

public trustee see the Public Trustee Act 1978, section 6.

Queensland board ...

random alcohol test, for chapter 6, part 9A, see section 306A.

random substance test, for chapter 6, part 9A, see section 306A.

reasonably believes means believes on grounds that are reasonable in the circumstances.

reasonably considers means considers on grounds that are reasonable in the circumstances.

reasonably suspects means suspects on grounds that are reasonable in the circumstances.

reconsideration application, for chapter 5, see section 175R(2).

regional board ...

register, for chapter 6, part 13, means the register mentioned in section 320.

register of dangerous drugs for training, for chapter 6, part 13A, see section 344B.

reintegration leave ...

relative, of a prisoner, includes a person who was, immediately before the prisoner was imprisoned, the prisoner’s spouse.

released means released on parole.

release day, for a prisoner, means the day on which the prisoner is to be released on parole.

released on parole means released from a corrective services facility subject to the conditions of a parole order.

relevant award, for chapter 6, part 12B, see section 319J.

relevant money, for chapter 6, part 12B, see section 319J.

relevant person, for chapter 6, part 12A, see section 319A.

relevant person, for chapter 6, part 13, division 2, see section 327.

religious visitor means a person who visits a prison to provide religious services or instruction for prisoners.

repealed Acts means—

(a)the Corrective Services Act 2000; and

(b)the Corrective Services Act 1988; and

(c)the Corrective Services (Administration) Act 1988.

replacement board ...

resettlement leave ...

resettlement leave eligibility date ...

restricted prisoner, for chapter 5, see section 175D.

restricted prisoner declaration, for chapter 5, see section 175E.

restricted prisoner report, for chapter 5, see section 175B.

retired acting District Court judge see the Judicial Remuneration Act 2007, schedule 2.

risk sub-category, of a prisoner, means the risk sub-category, if any, decided for the prisoner as part of the prisoner’s security classification.

safety order see section 53(1).

sample, for chapter 6, part 9A, see section 306A.

scanning search, of a person, means a search of the person by electronic or other means that does not require the person to remove the person’s clothing but may require another person, a specially trained animal or an apparatus to touch or come into contact with the person.

Examples—

•using an electronic apparatus through which a person is required to pass

•using a corrective services dog that is trained to detect the scent of a prohibited thing to search a person

search, a prisoner’s mail, means search by—

(a)an electronic scanning device; or

(b)a physical search.

search requiring the removal of clothing, of a prisoner, means a search in which the prisoner removes all garments during the course of the search, but in which direct contact is not made with the prisoner.

secretariat see section 236(1).

secure custody, in relation to a prisoner, means—

(a)a secure facility; or

(b)a vehicle being used to transport the prisoner; or

(c)a court before which the prisoner is appearing.

secure facility—

(a)generally, means a prison with a perimeter fence, or other security measures, that are designed to prevent the escape of a prisoner; and

(b)for chapter 6, part 13A, see section 344B.

secure facility ...

security classification, for a prisoner, means the classification decided for the prisoner under section 12, 13, 14 or 16.

sentence, of a person, for chapter 6, part 13, division 2, means any penalty or imprisonment ordered to be paid or served, or any other order made, by a court after the person is convicted of an offence.

sentencing court, for a prisoner, means—

(a)the court that sentenced the prisoner to the term of imprisonment the prisoner is serving; or

(b)if the prisoner is serving more than 1 term of imprisonment—each court that sentenced the prisoner to a term of imprisonment the prisoner is serving.

separate confinement, in relation to a prisoner, means the separation of the prisoner from other prisoners.

serious offence, for sections 334 and 339, means—

(a)an offence against the Drugs Misuse Act 1986; or

(b)an offence against the Criminal Code (Cwlth), chapter 9, part 9.1; or

(c)an offence of counselling or procuring the commission of, or attempting or conspiring to commit, an offence mentioned in paragraphs (a) and (b).

serious violent offence means a serious violent offence under the Penalties and Sentences Act 1992.

serious violent offender means a prisoner who is serving a term of imprisonment for a serious violent offence.

sexual offence means—

(a)an offence mentioned in schedule 1; or

(b)an offence against a law applying, or that applied, in another jurisdiction if the offence substantially corresponds to an offence mentioned in schedule 1.

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)sex; or

(d)cultural background.

Example of a need—

the culturally specific needs of Aboriginal and Torres Strait Islander prisoners

SPER, for chapter 6, part 12B, see section 319J.

SPER registrar, for chapter 6, part 12B, see section 319J.

staff member means —

(a)an employee of—

(i)the department; or

(ii)an engaged service provider; or

(b)a corrective services officer.

substance test, for chapter 6, part 9A, see section 306A.

supervised dangerous prisoner (sexual offender) means a prisoner subject to a supervision order or interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003.

suspend, for chapter 2, part 2, division 10, subdivision 3 and chapter 5, part 1, division 5, subdivisions 2 and 2A, means suspend for a fixed or indeterminate period.

targeted substance, for chapter 6, part 9A, see section 306A.

temporary extension period ...

temporary safety order see section 58(1).

term of imprisonment see the Penalties and Sentences Act 1992, section 4.

terrorism offence means—

(a)a terrorism offence under the Crimes Act 1914 (Cwlth); or

(b)an offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 (Cwlth), sections 6 to 9; or

(c)an offence against the Terrorism (Community Protection) Act 2003 (Vic), section 4B; or

(d)an offence against the Crimes Act 1900 (NSW), section 310J; or

(e)an offence against the Criminal Law Consolidation Act 1935 (SA), section 83CA; or

(f)another offence against a provision of a law of the Commonwealth or another State if the provision—

(i)is prescribed by regulation; and

(ii)is in relation to an activity that involves a terrorist act, or is preparatory to the carrying out of an activity that involves a terrorist act.

terrorist act see the Police Powers and Responsibilities Act 2000, section 211.

terrorist organisation see the Criminal Code (Cwlth), section 102.1(1).

test sample means a sample of blood, breath, hair, saliva or urine.

training program, for chapter 6, part 9A, see section 306A.

tribunal, for chapter 6, part 12A, see section 319A.

UN expert means an expert selected in accordance with the Optional Protocol, article 13.

unlawfully at large, in relation to a prisoner, means the prisoner remains in the community after—

(a)any of the following has been suspended or cancelled or has expired or is otherwise no longer in force—

(i)an order granted under section 72 for leave of absence;

(ii)an interstate leave permit;

(iii)a work order; or

(b)the prisoner’s parole order has been suspended or cancelled; or

(c)the prisoner fails to report to a community corrections office and obtain a copy of the prisoner’s court ordered parole order as required under the Penalties and Sentences Act 1992, section 160G(3).

UN subcommittee means the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the Committee against Torture, established in accordance with the Optional Protocol, part II.

victim claim, for chapter 6, part 12B, see section 319S(1).

victim’s location, for chapter 5, see section 175B.

Victims of Crime Assistance Act means the Victims of Crime Assistance Act 2009.

victim trust fund, for chapter 6, part 12B, see section 319J.

visitor means—

(a)any person, including a staff member, who enters or intends to enter a corrective services facility; or

Example—

a legal visitor or religious visitor

(b)a casual site visitor as defined in section 165(2).

volunteer see section 306(1).

warrant includes—

(a)a warrant issued by the chief executive; and

(b)an order committing a person into custody.

Examples for paragraph (b)—

•an order or direction under the Migration Act 1958 (Cwlth)

•a preventative detention order under the Terrorism (Preventative Detention) Act 2005

work camp means a place declared to be a work camp under section 151(1)(a)(ii).

work order see section 66(1).