Prisons Act Amendment Act 1969 (Qld)

143 Qutellsfaltbr ANNO OCTODECIMO ELIZABETHAE SECUNDAE REGINAE No. 24 of 1969 An Act to Amend The Prisons Acts 1958 to 1964 in certain particulars, and for another purpose [ASSENTED TO 18TH DECEMBER, 1969] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Prisons Act Amendment Act 1969. (2) The Prisons Act of 1958 as subsequently amended is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Prisons Act 1958-1969.

144 Prisons Act Amendment Act 1969, No. 24 2. Commencement of Act. This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. 3. Amendment of s. 4 . Section 4 of the Principal Act is amended by- ka) omitting the definition " Chaplain " and inserting in its stead the following definition: " " Chaplain "-In relation to a prison or security patients' hospital, any person authorized by the Comptroller-General, pursuant to this Act, to be a chaplain thereto;"; (b) omitting the definition " Comptroller-General " and inserting in its stead the following definition:- " " Comptroller-General "-The Comptroller-General of Prisons appointed under section 8 of this Act;"; (c) omitting the definition " Criminal prisoner "; (d) omitting the definition " Deputy Comptroller-General " and inserting in its stead the following definition:- " Deputy Comptroller-General "-A Deputy Comptroller-General of Prisons appointed under section 8 of this Act;"; (e) in the definition " Deputy Superintendent " inserting after the word " prison " where it twice occurs the words " or security patients' hospital "; (f) inserting after the definition " Deputy Superintendent " the following definition:- " " Farm area "-Any portion of a prison designated as a farm area for the purposes of this Act;"; (g) omitting the definition " Medical officer " and inserting in its stead the following definition:- " " Medical officer "-Includes medical practitioner, psychiatrist, and such other officers, or all officers of such class of officers, of the prison service as may be prescribed from time to time. Used in relation to any prison or security patients' hospital, the term refers to any medical officer assigned under this Act;"; (h) omitting the definition " Police gaol " and inserting in its stead the following definition:- " " Police gaol "-Any police lock-up or watchhouse;"; (i) adding to the definition " Prison " the words " : The term also includes any part of a prison;"; (j) omitting the definition " Prison officer " and inserting in its stead the following definition:- Prison officer "-Any officer appointed under cne Public ServiceAct1922-1968 to be a prison officer, and without limit to the generality of this definition, includes such officers, or all officers of such class of officers, of the prison service as may be prescribed from time to time;";

Prisons Act Amendment Act 1969, No. 24 145 (k) omitting the definition " Prison service " and inserting in its stead the following definition:- " " Prison service "-The officers for the time being appointed under section 8 of this Act for the purposes of this Act: The term also includes all prison officers;"; (1) adding to the definition " Security patient " the words ": The term includes any prisoner lawfully removed to a security patients' hospital for treatment, observation or examination; "; (m) omitting the definition " Visiting justice " and inserting in its stead the following definition:- " " Visiting justice "-In relation to any prison or security patients' hospital, a justice of the peace appointed to be a visiting justice thereto: The term includes a justice of the peace who performs for the time being the duties of such office.". 4. Amendment of s. 5 . Section 5 of the Principal Act is amended by, in subsection (1), omitting paragraph (e) and inserting in its stead the following paragraph:- (e) Direct that any portion of a prison be designated as a farm area for the purposes of this Act;". 5. Amendment of s. 7. Section 7 of the Principal Act is amended by- (a) omitting subsection (2); (b) in subsection (1)- (i) inserting after the first paragraph the following subsection:- " (2) The power to make with respect to any persons or any matters or things whatsoever, any regulation under this Act shall include power to make that regulation so that it may be of general or specially limited application according to time, place, purposes, class, description or circumstances, or otherwise as is prescribed, and so that any regulation of specially limited application may or may not differ from any other regulation of specially limited application with respect to the same persons, matters or things. The power to make regulations with respect to any matter or thing shall include power to make regulations under this section prohibiting that matter or thing either generally or to meet particular cases."; (ii) numbering the paragraph commencing with the words " Without limiting " as subsection (3); (c) in subsection (3) as so numbered- (i) omitting, in paragraph (a), the words " for the punishment of prisoners " and inserting in their stead the words " prescribing offences by prisoners against discipline and providing for the punishment in respect of those offences" ; (ii) adding to paragraph (b) the words ", rehabilitation and a marks system;";

146 Prisons Act Amendment Act 1969, No. 24 (iii) omitting paragraph ( e) and inserting in its stead the following paragraph:- (e) Providing for and regulating the remission or mitigation of sentences of prisoners and security patients for good conduct and industry ; defining the expression " good conduct and industry "; providing for the circumstances in which a prisoner on parole under this Act or The Offenders Probation and Parole Acts 1959 to 1968 or on leave of absence shall forfeit the whole or any part of any remission or mitigation of sentence for which he was qualified at the date of release on parole or the grant of leave of absence;"; (iv) omitting paragraph ( o) and inserting in its stead the following paragraph:- (o) Providing for the appointment of officers of the prison service and prescribing conditions under which persons may be selected for appointment; providing for health, physical and other examinations of persons appointed or to be appointed to the prison service; providing for the duties and responsibilities of persons so appointed;"; (v) omitting in the paragraph ( t) commencing with the words " Prescribing the ", the word " probation " and inserting in its stead the word " parole "; (vi) relettering the paragraph ( t) commencing with the words " Providing for " as paragraph (u); (vii) relettering paragraph ( u) as paragraph (v); (viii) adding the following paragraphs:- (w) Providing for various classes of prison officers and prescribing their respective powers and duties; (x) Providing for the assignment , with the approval of the Under Secretary, of any members of the prison service to any prison or security patients ' hospital; (y) Providing for the designation of offences which may be committed by prison officers; providing for the suspension, charging and punishment of prison officers committing those offences; (z) Providing for the standard of education for appointments as prison officers , and for examinations for promotion to the higher grades of prison officers; (aa) Providing for training schemes for any officers of the prison service; (ab) Providing for a scheme of cadetship in the prison service; (ac) Prescribing the functions , powers, duties and responsibilities of the Comptroller-General ; (ad) Providing for participation by prisoners in sporting, cultural and leisure activities; making provision for prisoners to be released from prison to participate in those activities; (ae) Regulating and controlling the sending or receiving by any prisoner of any letter, parcel or other matter or thing;

Prisons Act Amendment Act 1969, No. 24 147 (af) Regulating and controlling the admission to a prison of welfare workers and entertainment parties; defining the terms " welfare workers " and " entertainment parties "; (ag) Regulating and controlling the entry of persons or classes of persons into a prison; providing for a search of any person entering a prison; prescribing persons or classes of persons who may be exempted from such search; prohibiting the entry of dangerous articles into a prison; defining the term " dangerous articles ".". 6. Repeal of and new s . S. Section 8 of the Principal Act is repealed and the following section is inserted in its stead:- . " 8. Prison service appointments . (1) The Governor in Council may from time to time appoint under and for the purposes of this Act- (a) a Comptroller-General of Prisons; (b) one or more Deputy Comptrollers-General of Prisons; (c) so many officers of the following classes as he deems fit, namely, medical officers, psychologists, education officers, welfare officers, cadets, industrial managers, training officers, trade instructors, farm managers, dentists, chemists, medical orderlies, nurses and prison officer recruits; and (d) such other officers as he deems necessary for the purposes of this Act, including officers who may or may not be appointed under the Public Service Act1922-1968. (2) A notification of any appointment to which this section applies may be published in the Gazette. Every such notification shall be judicially noticed and shall be sufficient proof of the appointment, in terms thereof, of the person named therein.". 7. Repeal of and new s. 9. Section 9 of the Principal Act is repealed and the following section is inserted in its stead:- " 9. Notification of appointment of certain prison officers. A notification of appointment of every prison officer to the position of and above that of first-class prison officer shall be published in the Gazette. Every such notification shall be judicially noticed and shall be sufficient evidence of the appointment, in terms thereof, of the person named therein.". 8. Repeal of ss . 10 and 11 . Sections 10 and 11 of the Principal Act are repealed. 9. Amendment of s. 12 M. Subsection (1) of section 12 of the Principal Act is amended by omitting the words " a visiting justice " and inserting in their stead the words " one or more visiting justice or justices ".

148 Prisons Act Amendment Act 1969, No. 24 10. Amendment of s. 13. Section 13 of the Principal Act is amended by omitting subsection (1) and inserting in its stead the following subsection:- " (1) The Comptroller-General may authorise any person, nominated by a religious body or denomination as its representative, to be a chaplain to any prison or security patients' hospital.". 11. Repeal of and new s. 15. Section 15 of the Principal Act is repealed and the following section is inserted in its stead:- " 15. Functions , powers and duties of Comptroller - General. Subject to this Act and subject to the direction of the Minister, the Comptroller-General shall administer this Act and the prison service and shall have the care, direction, control and management of all prisons and security patients' hospitals including the responsibility for the security of prisons and security patients' hospitals, and the safe custody, welfare and employment of prisoners and security patients.". 12. Amendment of s. 17. Section 17 of the Principal Act is amended by- (a) in subsection (1), omitting paragraphs (a) and (b) and inserting in their stead the following paragraphs:- (a) The Deputy Comptroller-General or, if there are more than one, the senior Deputy Comptroller-General able to act as hereinafter mentioned; or (b) if, because of absence or incapacity or for any other reason, no Deputy Comptroller-General is able to act as hereinafter mentioned, the superintendent of a prison for the time being authorized by the Minister in that behalf "; (b) omitting subsection (2) and inserting in its stead the following subsection:- ,, (2) The fact that a Deputy Comptroller-General or a superintendent of a prison has exercised or performed any power, duty or function of the Comptroller-General shall, until the contrary is proved, be conclusive evidence that the Deputy Comptroller-General or, as the case may be, superintendent lawfully exercised or performed that power, duty or function.". 13. Amendment of s. 18 . Section 18 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting, in paragraph (b), the words " detention or punishment " and inserting in their stead the words " punishment, segregation or detention "; (ii) omitting paragraph (e) and inserting in its stead the following paragraph:- (e) Separate sections or cells for the confinement of prisoners of the various classes or age groups as determined from time to time by the Comptroller-General; "; (iii) omitting, in paragraph (f), the words " after having served cellular punishment or detention ";

Prisons Act Amendment Act 1969, No. 24 149 (iv) adding the following paragraph:- (k) Facilities for education, training, leisure and cultural activities."; (b) omitting subsection (2) and inserting in its stead the following subsection:- " (2) No cell or room shall be used for the confinement of prisoners or security patients unless the Comptroller-General and a medical officer are satisfied that its use is not detrimental to the health of the prisoner or security patient.". 14. Amendment of s. 19 . Section 19 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words " including every criminal prisoner," and inserting in their stead the words " every security patient "; (ii) inserting after the word " prison " the words " or security patients' hospital "; (b) in subsection (3)- (i) inserting after the word " prison " the words " and every security patient confined in a security patients' hospital "; (ii) omitting the word " thereof " and inserting in its stead the words " of the prison and security patients' hospital respectively ". 15. New s. 20A. The Principal Act is amended by inserting after section 20 the following section:- " 20A. Leave of absence to prisoners . (1) Subject to this Act, the Comptroller-General may from time to time grant leave of absence to a prisoner for any of the following purposes:- (a) To engage in employment outside a prison during the period of his detention; (b) To attend at a hospital for medical treatment; (c) To seek employment; (d) To be in attendance upon his family- (i) on an occasion of family illness or family bereavement; or (ii) for the welfare of the family unit; (e) To assist in preparing the prisoner for community resettlement; (f) For any other purpose prescribed. (2) The Comptroller-General shall not grant leave of absence under paragraph (d) or (e) of subsection (I) of this section for a period in excess of seven days at any one time. (3) (a) A grant of leave of absence pursuant to subsection (I ) of this section shall be made in the prescribed form and shall be in force for the period of time and subject to the conditions set forth therein and subject to such further conditions as the Comptroller-General may determine and stipulate therein. (b) A copy of the form of grant of leave of absence shall be given to the prisoner upon the grant being made.

150 Prisons Act Amendment Act 1969, No. 24 (4) Before granting leave of absence to a prisoner under this section, the Comptroller-General shall- (a) in the case of leave of absence pursuant to paragraph (a) of subsection (1) of this section, satisfy himself that the prisoner is a suitable subject for the granting of leave of absence to engage in employment outside the prison during the period of his detention and that employment suitable to such prisoner is available; and (b) in every case , satisfy himself of the merits of the purpose for the granting of the leave of absence. (5) The period during which a prisoner is lawfully on leave of absence pursuant to this section shall count as part of the sentence being served by the prisoner at the time of the grant of the leave of absence. (6) The Comptroller-General may appoint a welfare officer or other person to supervise the conduct and behaviour of a prisoner granted leave of absence pursuant to this section. (7) The Comptroller-General, at any time whilst a grant of leave of absence is in force in respect of a prisoner may, if he considers it necessary or desirable to do so , revoke , alter, amend or otherwise vary such grant of leave of absence. (8) A prisoner on leave of absence granted pursuant to this section shall comply fully with every condition to which the grant of leave of absence is subject. (9) (a) Subject to this subsection , a prisoner granted leave of absence under this section who is engaged in employment outside a prison during the period of his detention, (hereinafter in this subsection referred to as " the prisoner "), shall be employed in accordance with the provisions of the Award made pursuant to the provisions of The Industrial Conciliation and Arbitration Acts 1961 to 1964 applicable to the employment in which the prisoner is engaged , or, if there is no such Award , then in accordance with the conditions agreed upon by the employer and the Comptroller- General. (b) The employer of the prisoner shall keep and maintain an exact record of, and pay to the superintendent of the prison from which the prisoner was granted leave, all wages , allowances and other moneys due to the prisoner. (c) The Comptroller-General or the superintendent of the prison may pay to the prisoner such sums of money as are considered sufficient to cover the cost of fares, meals or other necessary expenses to be incurred by him during the period of and in connexion with the grant of leave of absence to him. (d) The prisoner shall be liable for the payment to the Comptroller-General, from the moneys paid by his employer to the superintendent , of such weekly sum for the period of his employment as may be prescribed, towards the costs and expenses of his detention, and such weekly sum shall be deducted in the manner hereinafter referred to in paragraph (e) of this subsection.

Prisons Act Amendment Act 1969, No. 24 151 (e) All moneys received by the superintendent on behalf of the prisoner in relation to his employment, after deducting- (i) the sums of money paid to the prisoner to cover the cost of fares, meals and other necessary expenses; (ii) the prescribed sum per week for the period of his employment towards the costs and expenses of his detention; (iii) the amount of any assistance paid to the family of the prisoner pursuant to subregulation (1) or subregulation (2) of regulation 24 of The Children's Services Regulations of 1966; (iv) any sum of money paid to any person by the Comptroller-General at and in accordance with the request in writing of the prisoner; (v) any other amount prescribed, shall be credited to the prisoner. (f) The superintendent shall keep and maintain accounts of all moneys received on behalf of the prisoner in relation to his employment separate from all other accounts relating to the prison or the prisoner, and they shall be kept and maintained in such manner as to disclose the true position in regard thereto and to enable them to be conveniently and properly audited at regular intervals by the Auditor-General pursuant to the Audit Act 1874-1968.". 16. New s. 20B . The Principal Act is amended by inserting after section 20A as inserted by this Act the following section:- " 20B. Prisoner on leave or parole in legal custody. (1) A prisoner or security patient while on leave of absence or on parole under this Act shall be deemed to be in the legal custody of the superintendent of the prison or security patients' hospital from which he was granted such leave or parole. (2) Without limiting the power to make regulations under section 7 of this Act, regulations may be made under that section providing for the apprehension of any prisoner granted leave of absence pursuant to section 20A of this Act who has failed to comply with any condition subject to which his leave was granted or upon his grant of leave of absence being revoked.". 17. Amendment of s. 21 . Section 21 of the Principal Act is amended by inserting in subsection (2) after the words " Police Force " the words ", an officer of the prison service,". 18. Amendment of s. 22 . Section 22 of the Principal Act is amended by- (a) in subsection (1) omitting the words " and prisoners of age group below the age of twenty-five years " and inserting in their stead the words " and prisoners of such age groups as determined by the Minister or, subject to the Minister, by the Comptroller-General ";

152 Prisons Act Amendment Act 1969, No. 24 (b) in subsection (2) adding the following paragraph:- " If necessary, reasonable force may be used to give effect to the provisions of this subsection.". 19. Amendment of s. 23 . Section 23 of the Principal Act is amended by- (a) in subsection (2) omitting the words " fifty pounds " and inserting in their stead the words " three hundred dollars "; (b) in subsection (4) omitting the words " fifty pounds " and inserting in their stead the words " three hundred dollars ". 20. Amendment of s. 24 . Section 24 of the Principal Act is amended by- (a) inserting after the words " District Court " the words " the Under Secretary,"; (b) omitting the words " the Visiting Surgeon " and inserting in their stead the words " a medical officer ". 21. Amendment of s. 25 . Section 25 of the Principal Act is amended by- (a) numbering the existing paragraph as subsection (1); (b) adding the following subsection:- " (2) Where any prisoner refuses to eat and a medical officer considers it necessary in the interests of the prisoner's health to forcibly feed the prisoner, the superintendent may take such steps as the medical officer considers necessary to forcibly feed the prisoner.". 22. Amendment of s. 27. Section 27 of the Principal Act is amended by- (a) in subsection (1) omitting the words from and including the words " and the Superintendent " to the end of the subsection and inserting in their stead the words " or may at the discretion of the Comptroller-General or the superintendent be discharged on the Friday next preceding such Saturday."; (b) in subsection (2) omitting the word " seven " and inserting in its stead the word " fourteen "; (c) in subsection (3) omitting the words " twenty-four hours " and inserting in their stead the words " seven days ". 23. Amendment of s. 29 . Section 29 of the Principal Act is amended by omitting the word " duplicate " where it firstly appears and inserting in its stead the word " triplicate ". 24. Amendment of s. 30 (1). Subsection (1) of section 30 of the Principal Act is amended by inserting after the words " Hard labour " where they firstly appear the words ", in relation to imprisonment under any lawful conviction or order,".

Prisons Act Amendment Act 1969 , No. 24 153 25. Amendment of s. 32 . Section 32 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting, in paragraph (c), the words " the medical officer " and inserting in their stead the words " any officer of the prison service "; (ii) inserting , in paragraph (r), after the word " officer " the words " of the prison service "; (iii) adding the following paragraphs:- (t) Sends out of prison or causes, counsels or procures to be sent out of any prison, any verbal message or any other form of communication unless authorized by the Comptroller-General or superintendent to do so; (u) Knowingly makes to any person any false report concerning any prisoner or concerning any matter relating to the prison or activities therein; (v) Commits any other offence prescribed by the regulations as an offence against discipline."; (b) in subsection (2) inserting after the words " shall be " the words " deemed to be guilty of that offence and ". 26. Amendment of s. 33. Section 33 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting, in paragraph (c), the words " prison officer " and inserting in their stead the words " officer of the prison service "; (ii) omitting, in paragraph (d), the words " prison officer " and inserting in their stead the words " officer of the prison service "; (iii) omitting, in paragraph (h), the words " a prison officer " and inserting in their stead the words " an officer of the prison service "; (b) in subsection (2) inserting after the words " shall be " the words " deemed to be guilty of that offence and "; (c) in the proviso to subsection (5) omitting the words " which any State farm is included," and inserting in their stead the words " relation to a farm area ". 27. Amendment of s. 38 (2). Subsection (2) of section 38 of the Principal Act is amended by adding the following paragraph after paragraph (c) :- "; (d) Aids, counsels or procures the escape of any prisoner or security patient or aids, counsels or procures any prisoner or security patient to remain at large, or who does any act calculated to assist any prisoner or security patient to escape or to remain at large after having escaped or left the precincts of a prison,". 28. Amendment of s. 39. Section 39 of the Principal Act is amended by omitting the words " lock-up or watchhouse " and inserting in their stead the words " police gaol ". 29. Amendment of s. 40 . Section 40 of the Principal Act is amended by inserting after the word " officer " the words " of the prison service ".

154 Prisons Act Amendment Act 1969, No. 24 30, Amendment of s. 42. Section 42 of the Principal Act is amended by omitting the words ", provided that no prisoner on discharge shall be supplied with either money or meals more than three times in any one year ". 31. Validity of certain regulations . All regulations purporting to have been made under the Principal Act, in existence on the coming into operation of this Act, shall be deemed to be made and to have always been made under the authority of the Principal Act.