Prisons Amendment Act 1996 (NSW)
New South Wales
Prisons Amendment Act 1996 No 25
Contents
Page
| 1 | Name of Act | 2 |
| 2 | Commencement | 2 |
| 3 | Amendment of Prisons Act 1952 No 9 | 2 |
| 4 Amendment of Criminal Procedure Act 1986 No 209 5 Explanatory notes | 2 |
| 2 |
S c h e d u le s
1 Amendments relating to trafficking offences in
|
2 Amendment of Prisons Act 1952 relating to property
dam age compensation and penalties for
|
3 Amendment of Prisons Act 1952 relating to
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4 Amendment of Prisons Act 1952 relating to interstate
|
5 Amendment of Prisons Act 1952 relating to penal
|
6 Amendment of Prisons Act 1952 relating to statute
|
New South Wales
P r i s o n s A m e n d m e n t A c t 1 9 9 6 N o 2 5
Act No 25, 1996
An Act to rename the Prisons Act 1952 as the Correctional Centres Act
1952; to amend that Act in relation to certain drug trafficking and other
offences, leave of absence for interstate travel, penalties, segregation of inmates, compensation for property damage and penal terminology; to amend consequentially the Criminal Procedure Act 1986; and for related purposes. [Assented to 21 June 1996]
| Section 1 | Prisons Amendment Act 1996 No 25 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Prisons Amendment Act 1996.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Schedule 5 [66] to this Act commences on the commencement of Schedule 2 (12) to the Prisons (Amendment) Act 1988 or on the commencement of Schedule 5 to this Act, whichever is the later.
Schedule 5 [114] to this Act commences on the commencement of Schedule 2 (20) (e) to the Prisons (Amendment) Act 1988 or on the commencement of Schedule 5 to this Act, whichever is the later.
| (4) | Schedule 5 [122]-[124] to this Act commences on the commencement of Schedule 2 (22) to the Prisons (Amendment) Act 1988 or on the commencement of Schedule 5 to this Act, whichever is the later. |
3 Amendment of Prisons Act 1952 No 9
The Prisons Act 1952 is amended as set out in Schedules 1.1 and
2-6.
4 Amendment of Criminal Procedure Act 1986 No 209
The Criminal Procedure Act 1986 is amended as set out in
Schedule 1.2.
5 Explanatory notes
Matter appearing under the heading “Explanatory note” in this
Act does not form part of this Act.
Prisons Amendment Act 1996 No 25
| Amendments relating to trafficking offences in correctional centres | Schedule 1 |
| Schedule 1 | Amendments relating to trafficking offences in correctional centres |
(Sections 3 and 4)
| 1.1 | Prisons Act 1 9 5 2 No 9 |
| [1 ] | Section 37 Trafficking |
| Omit section 37 (1). Insert instead: |
| (1) | A person must not, without lawful authority, bring or attempt by any means whatever to introduce into any correctional centre or correctional complex any spiritous or fermented liquor. |
| Maximum penalty: 6 months imprisonment or 10 penalty units, or both. |
[2] Section 37 (1A)-(1D)
Insert after section 37 (1):
(IA) A person must not, without lawful authority, bring or attempt by any means whatever to introduce into any correctional centre or correctional complex any poison listed in Appendix D of Schedule Four, or in Schedule Eight, of the Poisons List in force under the Poisons Act
1966.
Maximum penalty: 2 years imprisonment or 20 penalty units, or both.
(IB ) Section 40 of the Poisons Act 1966 applies to proceedings for an offence under subsection (1A ) in the same way as it applies to legal proceedings under that Act.
(IC) A person must not, without lawful authority, bring or attempt by any means whatever to introduce into any correctional centre or correctional complex a number or amount of any prohibited drug or prohibited plant within the meaning of the Drug Misuse and Trafficking Act
Prisons Amendment Act 1996 No 25
| Schedule 1 | Amendments relating to trafficking offences in correctional centres |
1985 that is a number or amount (or less than a number
or amount) constituting a small quantity of the drug or
plant concerned within the menaing of that Act.
Maximum penalty: 2 years imprisonment or 50 penalty units, or both.
| (1D) | Section 43 of the Drug Misuse and Trafficking Act 1985 applies to proceedings for an offence under subsection (1C) in the same way as it applies to legal proceedings under that Act. |
Section 37 (2)
Omit “drug”.
Insert instead prohibited drug, prohibited plant or poison
Criminal Procedure Act 1986 No 209
Part 9A, Table 1
Omit clause 24.
Part 9A, Table 1
Insert after clause 18 in Part 4 of Table 1:
18A Correctional Centres Act 1952
An offence under the Correctional Centres Act 1952 (other than an offence under section 32) for which a sentence of penal servitude may be imposed.
Explanatory note certain poisons.
Schedule 1.1 [1] re-enacts the existing provisions in section 37 (1) relating to
alcohol trafficking.
Prisons Amendment Act 1996 No 25
| Amendments relating to trafficking offences in correctional centres | Schedule 1 |
Proposed section 37 (1A) makes it an offence to bring or introduce certain poisons into a correctional centre or correctional complex without lawful authority. The maximum penalty for such an offence will be 2 years imprisonment or 20 penalty units, or both.
Proposed section 37 (1 B) provides for certificates of certain analysts to be accepted as evidence of the identity of a substance in proceedings for an offence under the proposed subsection (1A) in the same way as they are in legal proceedings under the Poisons Act 1966.
Proposed section 37 (1C ) makes it an offence to bring or introduce a small quantity (or less than a small quantity) of prohibited drugs or plants within the meaning of the Drug Misuse and Trafficking Act 1985 into a correctional centre or correctional complex without lawful authority. Presently, the maximum penalty for drug trafficking into correctional centres or correctional complexes is 6 months imprisonment or 10 penalty units (or both). The new maximum penalty is to be 2 years imprisonment or 50 penalty units (or both).
Proposed section 37 (1 D ) provides for certificates of certain analysts to be accepted as evidence of the identity and quantity of a plant or substance in proceedings for an offence under proposed subsection (1C ) in the same way as they are in legal proceedings under the Drug Misuse and Trafficking Act 1985.
Schedule 1.1 [3] makes a consequential amendment to section 37 (2).
Schedule 1.2 makes consequential amendments to Part 9A of the Criminal
Procedure Act 1986.
Prisons Amendment Act 1996 No 25
| Schedule 2 | Amendment of Prisons Act 1952 relating to property damage compensation and penalties for miscellaneous offences |
| Schedule 2 | Amendment of Prisons Act 1952 relating to property damage com pensation and penalties for m iscellaneous offences |
| (Section 3 | ) |
| [1] | Section | 26D Payment of compensation by inmate for damage to |
property etc
Omit section 26D (2). Insert instead:
| (2) | The maximum amount of compensation that an inmate may be ordered to pay by the governor of a correctional centre is $50. |
[2] Section 38 Miscellaneous offences
Omit “shall be liable to imprisonment for a term not exceeding six months or to a penalty not exceeding 10 penalty units or to both such imprisonment and penalty.” from section 38 (1).
Insert instead:
is guilty of an offence.
Maximum penalty:
| (a) | in relation to an offence referred to in subsection (1) (c), (d) or (f)—2 years imprisonment or 20 penalty units, or both, or |
| (b) | in all other cases—6 months imprisonment or 10 penalty units, or both. |
Explanatory note
Item [1] replaces section 26D (2) to remove the present limit of $300 on the amount a Visiting Justice can order an inmate to pay as compensation for property damage. It retains the present limit of $50 on the amount that a governor of a correctional centre can order an inmate to pay as compensation.
Item [2] increases the maximum penalty for certain offences in section 38 involving contraband from 6 months imprisonment or 10 penalty units (or both) to 2 years imprisonment or 20 penalty units (or both) while retaining the existing maximum penalty for other offences under that section.
Prisons Amendment Act 1996 No 25
| Amendment of Prisons Act 1952 relating to segregation of inmates | Schedule 3 |
| Schedule 3 | Amendment of Prisons Act 1952 relating to segregation of inm ates |
| (Section 3 | ) |
[1] Section 22
Omit the section. Insert instead:
22 Segregation of inmates
The Commissioner or the governor of a correctional centre may direct the segregation of an inmate if the Commissioner or governor (as the case may be) is of the opinion that the association of the inmate with other inmates constitutes or is likely to constitute a threat to:
| (a) | the personal safety of any other person, or |
| (b) | the security of the correctional centre, or |
| (c) | good order and discipline within the correctional centre. |
22AA Protective custody of inmates
| (1) | The Commissioner or the governor of a correctional centre may direct that an inmate be held in protective custody if the Commissioner or governor (as the case may be) is of the opinion that the association of the inmate with other inmates constitutes or is likely to constitute a threat to the personal safety of the inmate. |
| (2) | The Commissioner may also direct that an inmate be held in protective custody if the inmate requests the Commissioner in writing to do so. |
22AB Governor of correctional centre to notify Commissioner
of segregation or protective custody direction
The governor of a correctional centre who gives a direction under section 22 or 22AA must report the fact to the Commissioner in writing as soon as practicable.
Prisons Amendment Act 1996 No 25
| Schedule 3 | Amendment of Prisons Act 1952 relating to segregation of inmates |
22AC Effect of segregation or protective custody direction
| (1) | If the Commissioner or the governor of a correctional centre gives a direction under section 22 or 22AA, the inmate concerned is to be detained: | |||
| ||||
| (2) | An inmate who is segregated or held in protective custody is not to suffer any reduction of diet or be deprived of any rights or privileges (other than those that may be determined by the Commissioner either generally or in a particular case). |
22AD Period of segregation or protective custody
| (1) | An inmate segregated or held in protective custody as a result of a direction of the governor of a correctional centre is not to be so segregated or held for longer than 14 days unless the Commissioner otherwise directs. |
| (2) | The Commissioner must not direct that an inmate be segregated or held in protective custody for a continuous period of more than 3 months, except in accordance with section 22AE. |
22AE Extension of period of segregation or protective custody
| (1) | The Commissioner may direct, on one or more occasions, that the period of segregation or of holding in protective custody of an inmate be extended, but only if on each occasion the Commissioner has: | |
|
Prisons Amendment Act 1996 No 25
| Amendment of Prisons Act 1952 relating to segregation of inmates | Schedule 3 |
| (b) | in the case of an extension of a period of holding in protective custody: | |||
|
| (2) | An extension must not exceed 3 months at a time. |
| (3) | A direction for an extension of a period of segregation, or of a period of holding in protective custody, may differ in its terms from any earlier direction for the segregation, or holding in protective custody, of the same inmate, or for any extension of that segregation or holding in protective custody. |
22AF Form of direction for segregation or protective custody
A direction under section 22, 22AA or 22AE must be in writing and must include the grounds on which it is given.
22AG Revocation of direction for segregation or protective
custody
| (1) | The Commissioner must revoke a direction under section 22AA (2), or a direction under section 22AE (1) that was given at the request of the inmate concerned, if that inmate requests the Commissioner in writing to revoke it. |
| (2) | The Commissioner may, at any time, revoke any other direction under section 22, 22AA or 22AE. |
[2 ] Section 22A Report to Minister on extension of segregation or protective custody
Omit “a prisoner's period of segregation” from section 22A (1). Insert instead “the period of segregation under section 22, or the period of holding in protective custody under section 22AA (l) , of an inmate”.
Prisons Amendment Act 1996 No 25
| Schedule 3 | Amendment of Prisons Act 1952 relating to segregation of inmates |
[3 ] Section 22A (1) (a) and (b)
| Omit “segregation of the prisoner” wherever occurring. inmate”. |
[4 ] Section 22A (4)
Omit the subsection.
[5 ] Section 22B Review of segregation or protective custody by Minister
| Omit “ a prisoner's segregation” from section 22B (1). inmate”. |
[6 ] Section 22B (3 ) (b)
Omit “prisoner”. Insert instead “inmate”
[7 ] Section 22B (3 ) (c)
Insert “or 22AA” after “section 22”.
[8 ] Section 22C Review of segregation or protective custody by Review Council
Omit section 22C (1). Insert instead:
| (1) | An inmate whose total continuous period of segregation or holding in protective custody exceeds 14 days may apply to the Review Council for a review of the direction for that segregation or holding in protective custody or any direction for an extension of it. |
Prisons Amendment Act 1996 No 25
| Amendment of Prisons Act 1952 relating to segregation of inmates | Schedule 3 |
Section 22C (2), (4) (c) and (5)
Omit “prisoner's”, “prisoner” and “prison” wherever occurring. Insert instead “inmate's”, “inmate” and “correctional centre” respectively.
Section 22C (5)
Insert “or 22AA” after “section 22”.
Section 22D Interim directions by Review Council
Omit section 22D (1). Insert instead:
| (1) | The Chairperson of the Review Council may give a direction for the suspension of the segregation or holding in protective custody of an inmate, or for the removal of an inmate to a different correctional centre. |
Section 22D (3 )
in protective custody”.
Omit “the prisoner is not to be segregated unless a fresh direction for protective custody unless the relevant fresh direction for segregation or holding
segregation”.
Section 22D (5)
Omit “or extension of segregation”. extension of segregation or holding in protective custody”.
Section 22D (6)
Omit “prisoner” and “prison”.
Insert instead “inmate” and “correctional centre” respectively.
Prisons Amendment Act 1996 No 25
| Schedule 3 | Amendment of Prisons Act 1952 relating to segregation of inmates |
Section 22D (6)
Omit “or extension of segregation”. extension of segregation or holding in protective custody”.
Section 22E Procedure for review of segregation or holding in protective custody
Omit “segregation of a prisoner” from section 22E (1). inmate”.
Section 22E (3) and (4)
Omit “prisoner” and “prisoner's” wherever occurring.
Insert instead “inmate” and “inmate's” respectively.
Section 22F Determination of review by Review Council
Omit “or for the extension of segregation” from section 22F (1). Insert instead “or holding in protective custody, or a direction for the extension of segregation or holding in protective custody”.
Section 22F (1) (c) and (d)
Omit “prison officer”, “relevant prison” and “prisoner” wherever and “inmate” respectively.
occurring.
Section 62 Functions of Review Council
Omit “segregation of prisoners or for the extension of the segregation of prisoners” from section 62 (d).
Prisons Amendment Act 1 99 6 No 25
| Amendment of Prisons Act 1952 relating to segregation of inmates | Schedule 3 |
Insert instead “segregation or holding in protective custody of inmates, or of directions for the extension of segregation or holding in protective custody of inmates”.
Explanatory note
At present, section 22 blurs the distinction between prisoners who are segregated from other prisoners for their own protection and those who are segregated in order to preserve the good order and discipline of the prison. Item
| [ l ] | of the proposed amendments repeals and re-enacts the lengthy section 22 in |
the form of 8 shorter sections so as to make that distinction clear and to reflect the new terminology of the Act to be inserted by Schedule 5. The only change of substance made by the re-enactment is the fact that the new section 22 allows the Commissioner or governor of a correctional centre to direct the segregation of an inmate if the Commissioner or governor (as the case may be) is of the opinion that the association of the inmate with other inmates constitutes or is likely to constitute a threat to the personal safety of any other person (at present, the direction may be given only if there is considered to be a threat to the safety of
specified persons).
| Items [2]-[5], [7], [8], [10]-[13]. | [15], [16], [18] and [20] make consequential |
amendments. prisoners and prison officers in a manner consistent with the amendments to be made by Schedule 5.
Prisons Amendment Act 1996 No 25
| Schedule 4 | Amendment of Prisons Act 1952 relating to interstate leave of absence |
| Schedule 4 | Amendment of Prisons Act 1952 relating to interstate leave of ab sen ce |
(Section 3)
[1 ] Part 5, Division 1 , heading
Insert the heading “Division 1 Transfer and leave of absence within the State” before section 27.
[2 ] Part 5, Division 2
Insert after section 29:
|
29AA Definitions
In this Division:
corresponding interstate law means a law that is declared to be a corresponding interstate law for the purposes of this Division by an order published under section 29AB.
corresponding Commissioner, in relation to a
participating State, means the officer responsible for the administration of correctional centres in the participating State.
interstate leave permit means a permit granted by the
Commissioner under section 29AC.
participating State means any State in which a
corresponding interstate law is in force.
State includes the Australian Capital Territory and the
Northern Territory.
29AB Corresponding interstate law
| (1) | The Governor may, by an order published in the Gazette, declare that a law of a State other than New South Wales is a corresponding interstate law for the purposes of this Division. |
Prisons Amendment Act 1996 No 25
| Amendment of Prisons Act 1952 relating to interstate leave of absence | Schedule 4 |
| (2) | Such an order is to be made only if the Governor is satisfied that the law substantially corresponds with the provisions of this Division. |
29AC issue of interstate leave permits
The Commissioner may issue an interstate leave permit to an inmate of a correctional centre for leave to travel to and from, and remain in, a participating State for a specified period:
| (a) | if the inmate does not have a high security classification—on any grounds that the Commissioner considers appropriate, or |
| (b) | if the inmate has a high security classification- |
only if the leave is for medical treatment or any
other compassionate purpose.
In particular, the Commissioner may issue an interstate leave permit to an inmate who is an aboriginal person if satisfied that the purpose of the leave is:
| (a) | to attend a funeral service or burial of any member of the inmate's immediate or extended family, or |
| (b) | to attend any occasion of special significance to the inmate's immediate or extended family. |
The period specified in an interstate leave permit must not exceed 7 days.
An interstate leave permit is subject to such conditions (including conditions relating to escort of the inmate) as the Commissioner specifies in the permit or as may be prescribed by the regulations.
The Commissioner may, by instrument in writing, appoint any correctional officer to be an escort for the purposes of this Division.
For the purposes of this section, an inmate has a high security classification if the inmate is within a class of inmates prescribed by the regulations as a high security classification for the purposes of this section.
Prisons Amendment Act 1996 No 25
| Schedule 4 | Amendment of Prisons Act 1952 relating to interstate leave of absence |
29AD Effect of interstate leave permit
| (1) | If it is a condition of an interstate leave permit that an inmate be escorted to a participating State, the permit: | |||||
| ||||||
| (2) | However, if it is not a condition of an interstate leave permit that an inmate be escorted to a participating State, the permit authorises the inmate concerned to be absent from the correctional centre for the purpose and period specified in the permit. |
29AE Variation or revocation of permit
The Commissioner may at any time:
| (a) | vary or omit any condition of an interstate leave permit (whether specified in the permit or prescribed by the regulations) or substitute or add any new condition, or |
| (b) | revoke the permit. |
29AF Offence: breach of interstate leave permit
An inmate must not fail, without reasonable excuse, to
comply with any condition of an interstate leave permit.
Maximum penalty: 10 penalty units.
Prisons Amendment Act 1996 No 25
| Amendment of Prisons Act 1952 relating to interstate leave of absence | Schedule 4 |
29AG Notice to participating State and transit jurisdiction
On the granting of an interstate leave permit, the
Commissioner must:
| (a) | give notice to the corresponding Commissioner and the chief officer of police of the participating State concerned of the issue and period of the permit authorising the inmate concerned to travel to that State, and |
| (b) | give notice to the chief officer of police of any other jurisdiction through which the inmate is to travel to reach the participating State of the issue and period of the permit. |
29AH Effect of leave permit issued under corresponding
interstate law
A person (being a police officer or correctional officer (however described) of a participating State) who is authorised under a permit issued under a corresponding interstate law to escort a person imprisoned in a participating State to or through this State is authorised while in this State:
| (a) | to hold, take and keep custody of the person for the purposes and period set out in the permit, and |
| (b) | to hold, take and keep custody of the person for the purpose of returning the person to the participating State. |
29AI Escape from custody of interstate inmates on leave of
absence
| (1) | A person: | |||
| ||||
| may be apprehended without warrant by the person's escort (if any), a police officer or any other person. |
Prisons Amendment Act 1996 No 25
| Schedule 4 | Amendment of Prisons Act 1952 relating to interstate leave of absence |
If a person in escorted or unescorted custody:
| (a) | has escaped and been apprehended, or |
| (b) | has attempted to escape, |
the person may be taken before a Magistrate.
The Magistrate may by warrant (and despite the terms of any permit issued under a corresponding interstate law):
| (a) | order the return of the person to the participating State in which the permit was issued, and |
| (b) | order the person to be delivered to an interstate escort for the purpose of such a return. |
A warrant issued under subsection (3) may be executed according to its tenor.
A person who is the subject of a warrant issued under subsection (3) may be detained in custody as an inmate of this State until the person is delivered into the custody of an interstate escort in accordance with that warrant or until the expiration of a period of 14 days from the issue of the warrant, whichever first occurs.
If a person who is the subject of a warrant issued under subsection (3) is not, in accordance with the warrant, delivered into the custody of an interstate escort within a period of 14 days from the issue of the warrant, the warrant ceases to have effect.
In this section:
escorted custody means in the custody of an escort under
section 29AH.
interstate escort means:
| (a) | a person who is authorised to have the custody of another person under a permit issued in a participating State, or |
Prisons Amendment Act 1996 No 25
| Amendment of Prisons Act 1952 relating to interstate leave of absence | Schedule 4 |
| (b) | a correctional officer (however described) or a member of the police force of the participating State, or |
| (c) | a person appointed by the corresponding Commissioner of the participating State by an instrument in writing to be an escort for the purpose of escorting another person to the participating State, |
or any 2 or more of them.
unescorted custody means leave within this State in
circumstances where:
| (a) | the leave is authorised by a permit issued under a corresponding interstate law, and |
| (b) | no interstate escort has been appointed to escort the inmate concerned while within this State, and |
| (c) | the corresponding interstate law provides that the inmate concerned is taken to be in the custody of the corresponding Commissioner or another official of the participating State while in this State. |
29AJ Liability of Crown for damage caused by inmate or
escort
| (1) | The Crown in right of the State is liable for any damage or loss sustained by any person in a participating State that is caused by the acts or omissions of any inmate or an escort while in a participating State because of an interstate leave permit. |
| (2) | Nothing in this section affects any right of action the Crown may have against the inmate or escort for the damage or loss concerned. |
Prisons Amendment Act 1996 No 25
| Schedule 4 | Amendment of Prisons Act 1952 relating to interstate leave of absence |
[3] Part 5, Division 3, heading
Insert the heading “Division 3 Miscellaneous” before section 29A.
[4] Section 29A Absent inmates deemed to be in custody
Omit “section 29 (2 )” . Insert instead “section 29AC or 29 (2)”.
Explanatory note
Item [2] inserts proposed Division 2 to enable the Commissioner to issue interstate leave permits to inmates to enable them to take leaves of absence interstate while in the custody of an escort or unescorted. The provisions also enable inmates and escorting officers from certain other States and Territories to travel to or through this State on similar permits. In particular, the proposed Division contains the following provisions:
| ||
| as corresponding interstate law and participating State. | ||
| Proposed section 29AB enables the Governor, by order published in the Gazette, to declare a law of another State or Territory concerninginterstate leave to be a corresponding interstate law to which the proposed Division applies. | ||
| Proposed section 29AC enables the Commissioner to issue interstate leave permits to inmates. A distinction is drawn in the proposed section between high security inmates and other inmates. High security inmates will be able to obtain a permit only if the Commissioner is satisfied that the interstate leave is for medical reasons or on other compassionate grounds. Other inmates can be granted a permit on any grounds that the Commissioner considers appropriate. In addition, the proposed section enables the Commissioner to issue permits to aboriginal inmates for family funerals and burials and for other special family occasions. Proposed section 29AD specifies the matters which an interstate leave permit authorises an inmate and the inmate's escort (if any) to do. | ||
|
Prisons Amendment Act 1996 No 25
| Amendment of Prisons Act 1952 relating to interstate leave of absence | Schedule 4 |
officer (however described) of a participating State) will be able to carry and use firearms and handcuffs. This follows from section 4 (2 ) of the Firearms Act 1989 and section 4 (2) of the Prohibited Weapons Act 1989 which respectively exempt interstate police officers and prison officers who are carrying out their duties from criminal liability under those Acts.
Proposed section 29AI enables an inmate from interstate who is within this State under a leave permit issued by a participating State to be arrested without warrant
if the inmate escapes. The provision also permits the repatriation of such an
| Proposed section 29AJ provides that the Crown in right of New South Wales is liable for any damage or loss caused by an inmate or escort while in another jurisdiction under an interstate leave permit. Item [4] amends section 29A to ensure that an inmate on leave under an interstate leave permit is treated as continuing in the lawful custody of the governor of the correctional centre from which the inmate is absent. Consequently, i f t he inmate escapes while on such leave, he or she commits an offence under section 34 (escaping). | inmate to the participating State in cases of escape and attempted escape. better organise the provisions of the Part. |
Prisons Amendment Act 1996 No 25
| Schedule 5 | Amendment of Prisons Act 1952 relating to penal terminology |
| Schedule 5 | Amendment of Prisons Act 1952 relating to penal terminology |
(Section 3)
Explanatory note
The amendments made by this Schedule replace outdated penal terminology with current terminology. In particular, it renames the Act as the Correctional Centres
Act 1952 and replaces references to prisons, prisoners and prison officers with
references to correctional centres, inmates and correctional officers respectively.
Similar amendments are also made by Schedule 3.
[1 ] The long title
| Omit “prisons” and “prisoners”. Insert instead “correctional centres” and “inmates” respectively. |
[2 ] Section 1 Name of Act and commencement
Omit section 1 (1). Insert instead:
| (1) | This Act is the Correctional Centres Act 1952. |
[3 ] Section 3 Repeals and savings
| Omit “prisons” from section 3 (4) where secondly occurring. Insert instead “correctional centres”. |
[4] Section 4 Definitions
Omit the definitions of convicted prisoner, governor of a prison,
| medical officer, prison, prison complex, prison offence and prisoner. |
| Insert the following definitions in alphabetical order: |
convicted inmate means:
| (a) | a person under sentence of penal servitude or imprisonment imposed by any court, judge or justice or ordered to be detained in strict custody pursuant to section 25 or 39 of the Mental Health (Criminal Procedure) Act 1990, or |
Prisons Amendment Act 1996 No 25
| Amendment of Prisons Act 1952 relating to penal terminology | Schedule 5 |
| (b) | a person undergoing imprisonment in default of payment of any fine, penalty, costs or sum of money imposed on the person by any court, judge or justice, or in default of entering into a recognizance to be of good behaviour on the order of any court, judge or justice. |
correctional centre includes:
| (a) | any premises or place declared to be a correctional centre by a proclamation made under section 5, and |
| (b) | any gaol or place of detention, irrespective of the title by which it is known, |
but does not include a detention centre within the meaning of the Children (Detention Centres) Act 1987.
correctional centre offence means a correctional centre
offence declared under section 23.
correctional complex means any premises or place
declared to be a correctional complex by virtue of a
proclamation in force under section 5.
correctional officer means an officer appointed or
employed in accordance with Part 6.
governor of a correctional centre means the
superintendent, governor, gaoler or other officer or
person for the time being in charge of the centre.
inmate means:
| (a) | any convicted inmate, or |
| (b) | any person ordered to be imprisoned in or committed to a correctional centre, otherwise than as referred to in the definition of convicted |
inmate, by any court, judge or justice or other
| competent authority or otherwise than under the Intoxicated Persons Act 1979. |
medical officer means, in relation to a correctional
centre, a person who pursuant to section 9 has been
appointed or is acting as such.
Prisons Amendment Act 1996 No 25
| Schedule 5 | Amendment of Prisons Act 1952 relating to penal terminology |
Section 5 Correctional complexes and correctional centres
Omit “prison complex” wherever occurring.
Insert instead “correctional complex”.
Section 5 (3)
Omit “prison” where thirdly occurring.
Insert instead “correctional centre”.
Section 5 (4)
Omit “prison”. Insert instead “correctional centre”.
Section 5 (5)
Omit “prison” where secondly and thirdly occurring.
Insert instead “correctional centre”.
Section 6 Commissioner
Omit “prisons and prison complexes” and “prisoners”.
Insert instead “correctional centres and correctional complexes” and
“inmates” respectively.
Sections 8 and 8A (4) (a)
Omit “prisoners” wherever occurring. Insert instead “inmates”.
Section 8A Official Visitors
Omit “prison” from section 8A ( l) , (3) (b) and (4) (b) wherever
occurring.
Insert instead “correctional centre”
Prisons Amendment Act 1996 No 25
| Amendment of Prisons Act 1952 relating to penal terminology | Schedule 5 |
Section 8A (4) (a)
Omit “prison” where firstly and thirdly occurring.
Insert instead “correctional centre”.
Section 8A (4) (a)
Omit “prison officers”. Insert instead “correctional officers
Sections 9, 10 and 11A (1)
Omit “prison” wherever occurring. Insert instead “correctional centre”.
Section 11 Inspection by Judge or Magistrate
Omit “prison or prison complex”.
Insert instead “correctional centre or correctional complex”.
Part 3 , heading
Omit “prisoners”. Insert instead “inmates”.
Section 12 Exercise
Omit “prisoner” from section 12 (1).
Insert instead “inmate”.
Section 12 (2)
Omit “Prisoners” and “prisoners”.
Insert instead “Inmates” and “inmates” respectively.
Section 12 (2)
Omit “prison” where firstly and secondly occurring.
Insert instead “correctional centre”.
Prisons Amendment Act 1996 No 25
| Schedule 5 | Amendment of Prisons Act 1952 relating to penal terminology |
[20 ] Section 12 (2)
Omit “prison” where thirdly occurring. Insert instead “the correctional centre”.
[21 ] Section 12 (3)
| Omit “A prisoner”, “prisoner” and “prison complex” wherever respectively. occurring. |
[22 ] Section 12 (3)
| Omit “prison” where firstly and thirdly occurring. Insert instead “correctional centre”. |
[23 ] Section 13 Clothing
Omit “prisoner”, “prisoner's” and “prison” wherever occurring. Insert instead “inmate”, “inmate's” and “correctional centre” respectively.
[24 ] Section 14 Diet
Omit “prisoner”. Insert instead “inmate”.
[25 ] Section 15 Separation of inmates
Omit “prisoners” wherever occurring. Insert instead “inmates”.
[26 ] Section 16 Medical attention
| Omit “prisoner”, “prisoners” and “prison officers” wherever occurring from section 16 (1). Insert instead “inmate”, “inmates” and “correctional officers”. |
Prisons Amendment Act 1996 No 25
| Amendment of Prisons Act 1952 relating to penal terminology | Schedule 5 |
| [27] | Section 16 (2) Omit “a prisoner”. Insert instead “an inmate”. |
[28] Section 16 (2)
| Omit “prisoner” where secondly, thirdly and fourthly occurring. Insert instead “inmate”. | |
| [29] | Section 16 (2) Omit “prison officer”. Insert instead “correctional officer”. |
[30] Section 18 Private property
| Omit “Every prisoner”, “a prisoner”, “the prisoner”, “prisoners” and “prisoner's'' wherever occurring. Insert instead “Every inmate”, “an inmate”, “the inmate”, “inmates” and “inmate's” respectively. |
[31] Section 18
in a correctional centre”, “detained in a correctional centre”, “a correctional centre”, “to detention in a correctional centre” and “the correctional centre” respectively.
| Omit “into prison”, “from prison”, “in prison”, “a prison”, “to detention prison” and “the prison” wherever occurring. |
[32] Section 19 Record of personal description of inmates
Omit “prisoner”. Insert instead “inmate”.
[33] Section 20 Work to be performed by inmates
Omit “prisoner”, “prisoners” and “prison” wherever occurring. Insert instead “inmate”, “inmates” and “correctional centre” respectively.
Prisons Amendment Act 1996 No 25
| Schedule 5 | Amendment of Prisons Act 1952 relating to penal terminology |
Part 4, heading
Omit “Prison”. Insert instead “Correctional Centre”.
Section 23 Correctional centre offences to be declared by regulations
Omit “prison or prison complex”, “a prisoner” and “the prisoner” inmate” and “the inmate” respectively.
wherever occurring.
Section 23 (1)
Omit “prison” where firstly and fourthly occurring.
Insert instead “correctional centre”.
Section 23 (2)
Omit “prison”. Insert instead “correctional centre”.
Section 23 (3)
Omit “prison” where firstly, secondly, thirdly and sixthly occurring.
Insert instead “correctional centre”.
Section 24 Laying of charges and inquiries by governor of correctional centre
Omit “prison” , “a prisoner”, “the prisoner” and “the prisoner's” from section 24 (l) and (3) (a), (b), (d)-(f) and (i) wherever occurring.
Insert instead “correctional centre”, “an inmate”, “the inmate” and
“the inmate's” respectively.
Prisons Amendment Act 1996 No 25
| Amendment of Prisons Act 1952 relating to penal terminology | Schedule 5 |
Section 24 (3 ) (c)
Omit “The prisoner”. Insert instead “The inmate
Section 24 (3 ) (h)
Omit “a prison” and “prison officers”. respectively.
Section 25 Governor of correctional centre may impose penalties for certain correctional centre offences
Omit “prison”, “a prisoner”, “the prisoner's” , “of prisoners” and “the prisoner” from section 25 (1)-(4), (4B) and (5) wherever occurring.
Insert instead “correctional centre”, “an inmate”, “the inmate's”,
“of inmates” and “the inmate” respectively.
Section 25 (4A)
| prisoner” and “prison officer”. | Omit ‘‘governor of a prison”, “a prisoner”, “the prisoner's”, “the inmate's”, “the inmate” and “correctional officer” respectively. |
| Section 26 Reference of certain correctional centre offences to Visiting Justice | |
| Omit “prison” and “a prisoner” wherever occurring. Insert instead “correctional centre” and “an inmate” respectively. | |
| Section 26A Procedure at hearings before Visiting Justices | |
| Omit “prisoner” and “prison” wherever occurring. Insert instead “inmate” and “correctional centre” respectively. |
Prisons Amendment Act 1996 No 25
| Schedule 5 | Amendment of Prisons Act 1952 relating to penal terminology |
Section 26B Imposition of penalty by Visiting Justice
Omit “the prisoner”, “prisoners”, “a prisoner's” and “the inmate's” respectively.
prisoner's” wherever occurring.
Section 26C Correctional centre offences may be dealt with summarily or on indictment
Omit “a prisoner”, “prison” and “the prisoner”. respectively.
Section 26D Payment of compensation by inmate for damage to property
Omit “a prisoner”, “prison” and “the prisoner” wherever respectively.
occurring.
Section 26E Cumulative punishments
Omit “prison” and “a prisoner” wherever occurring.
Insert instead “correctional centre” and “an inmate” respectively.
Section 26F Record of punishments imposed for correctional centre offences
Omit “prison” and “a prisoner” wherever occurring.
Insert instead “correctional centre” and “an inmate” respectively.
Section 26G Appeals against decisions of Visiting Justices
Omit “a prisoner” wherever occurring.
Insert instead “an inmate”.
Prisons Amendment Act 1996 No 25
| Amendment of Prisons Act 1952 relating to penal terminology | Schedule 5 |
Section 26H Other criminal proceedings for same offence
Omit “prison” wherever occurring. Insert instead “correctional centre”.
Section 26I Offence of making false or misleading statements
Omit “prison” from section 26I (1). Insert instead “correctional centre”.
Part 5, heading
Omit “prisoners”. Insert instead “inmates”.
Section 27 Orders for removal of inmates from one correctional centre to another
Omit “prisoner” and “prison” wherever occurring.
Insert instead “inmate” and “correctional centre” respectively.
Section 28 Removal of inmates to hospital
| prisoner” and “a prisoner” wherever occurring. | Omit “Any prisoner”, “A prisoner”, “such prisoner”, “the inmate” and “an inmate” respectively. |
| Section 28 (1), (3 ) and (4) | |
| Omit “prison” wherever occurring. Insert instead “correctional centre”. | |
| Section 28 (2) | |
| Omit “the prison”, “such prison” and “prison officer”. and “correctional officer” respectively. |
Prisons Amendment Act 1996 No 25
| Schedule 5 | Amendment of Prisons Act 1952 relating to penal terminology |
[59] Section 29 Absence from a correctional centre in certain circumstances permitted
| ||
| Section 29 (1) and (2) | ||
| Omit “prison” wherever occurring. Insert instead “correctional centre”. | ||
| Section 29 (4) | ||
| Omit “to prison” wherever occurring. Insert instead “to a correctional centre”. | ||
| Section 29 (5) | ||
| Omit “prison complex”. Insert instead “‘correctional complex”. | ||
| Section 29 (5) | ||
| Omit “prison” where firstly and thirdly occurring. Insert instead “correctional centre”. | ||
| Section 29A Absent inmates taken to be in custody | ||
| occurring. | ||
| Omit “A prisoner”, “prison” and “such prisoner” wherever inmate” respectively. |
Prisons Amendment Act 1996 No 25
| Amendment of Prisons Act 1952 relating to penal terminology | Schedule 5 |
Section 29B Certain absences not to affect length of sentence
Omit “a prisoner”, “the prisoner”, “a prison”, “the prison” and “in
prison” wherever occurring.
Insert instead “an inmate”, “the inmate”, “a correctional centre”,
“the correctional centre” and “in a correctional centre” respectively.
Section 29C Transfer of inmates to or through the Australian Capital Territory (as inserted by the Prisons (Amendment) Act 1900)
Omit “A prisoner”, “prison” and “the prisoner” wherever respectively.
occurring.
Part 6, heading
Omit “Prison officers”. Insert instead “Correctional officers”
Section 30 Appointment of correctional officers
Omit “prison officers”. Insert instead “correctional officers”.
| Section | 30A | Commissioned | and | non-commissioned |
correctional officers
Omit “Prison” and “prison” wherever occurring.
Insert “Correctional” and “correctional” respectively.
Section 31 Duties of correctional officers
Omit “prison officers” and “prisons” wherever occurring. respectively.
Prisons Amendment Act 1996 No 25
| Schedule 5 | Amendment of Prisons Act 1952 relating to penal terminology |
Section 31A Purpose for which contractors may be engaged
Omit “prisons”, “prisoners” and “prison” wherever occurring. centre” respectively.
Section 31B Management of correctional centre under agreement
Omit “prisons”, “prison” and “prisoners” wherever occurring.
Insert instead “correctional centres”, “correctional centre” and
“inmates” respectively.
Section 31C Authorisation of correctional centre staff
Omit “prison” and “prisoners” wherever occurring.
Insert instead “correctional centre” and “inmates” respectively.
Section 31D Status of staff at correctional centre managed under an agreement
Omit “prison” from section 31D (1)-(3) wherever occurring.
Insert instead “correctional centre”.
Section 31D (4)
Omit “the prison” and “prison officer”. respectively.
Section 31E Monitoring
Omit “prison” and “prisoners” wherever occurring.
Insert instead “correctional centre” and “inmates” respectively.
Prisons Amendment Act 1996 No 25
| Amendment of Prisons Act 1952 relating to penal terminology | Schedule 5 |
Section 31F Corrections Health Service
Omit “Director”, “prisoners”, “prison” and “Prison Medical centre” and “Corrections Health Service” respectively.
Service” wherever occurring.
Sections 31G Investigation of corruption, 31H Administrative complaints and 31I Freedom of information
Omit “prison” wherever occurring. Insert instead “correctional centre”.
Section 32 Rescuing person from lawful custody
Omit “prisoner”. Insert instead “inmate”.
Section 33 Aiding escape
Omit “a prisoner”, “any prisoner” and “prison or prison complex” or correctional complex” respectively.
wherever occurring.
Section 34 Escaping
Omit “prisoner” wherever occurring. Insert instead “inmate”.
Section 34A Tunnels to facilitate escape
Omit “A prisoner”, “any prisoner” and “the prisoner”. respectively.
Prisons Amendment Act 1996 No 25
| Schedule 5 | Amendment of Prisons Act 1952 relating to penal terminology |
Section 35 Permitting escape
Omit “a prisoner”, “prisoners” and “prison” wherever occurring. Insert instead ‘‘an inm ate'', “inmates” and “correctional centre” respectively.
Section 36 Harbouring escapee
Omit “prisoner” . Insert instead “inmate”.
Section 37 Trafficking
Omit “prison or prison complex” and “prison officer” wherever
occurring.
Insert instead “correctional centre or correctional complex” and
“correctional officer” respectively.
Section 37A Introduction or supply of syringes
Omit “a prisoner”, “the prisoner” and “prison” from section 37A respectively.
(1)-(3) wherever occurring.
Section 37A (4) and (5)
Omit “prison officer”, “a prisoner”, “the prisoner”, “prisoners”,
“at a prison” and “from a prison” wherever occurring.
Insert instead “correctional centre”, “an inmate”, “the inmate”,
“inmates”, “at a correctional centre” and “from a correctional
centre” respectively.
Section 38 Miscellaneous offences
Omit “prison or prison complex”, “any prisoner”, “prisoners”, “prison officer” and “in connection with a prison” wherever occurring.
Insert instead “correctional centre or correctional complex”, “any inmate”, “inmates”, “correctional officer” and “in connection with a correctional centre” respectively.
Prisons Amendment Act 1996 No 25
| Amendment of Prisons Act 1952 relating to penal terminology | Schedule 5 |
Section 38B Impersonating a correctional officer
Omit “prison officer”. Insert instead “correctional officer”.
Section 39 Custody of inmates
Omit “Every prisoner”, “such prisoner”, “A prisoner” and “the
prisoner” wherever occurring.
Insert instead “Every inmate”, “such inmate”, “An inmate” and
“the inmate” respectively.
Section 39 (1)
Omit “prison”. Insert instead “correctional centre”.
Section 39 (2)
Omit “prison complex”. Insert instead “correctional complex”.
Section 39 (2)
Omit “prison” where firstly, thirdly and fourthly occurring.
Insert instead “correctional centre”.
Section 40 Responsibility of governors of correctional centres
Omit “prison” and “prisoner” wherever occurring.
Insert instead “correctional centre” and “inmate” respectively.
Section 40A Correctional centre delivery
Omit “prison” wherever occurring. Insert instead “correctional centre”.
Prisons Amendment Act 1996 No 25
| Schedule 5 | Amendment of Prisons Act 1952 relating to penal terminology |
Section 40B Evidence of imprisonment in correctional centre
Omit “prison'' and “ a prisoner”.
Insert instead “correctional centre” and “an inmate”.
Section 40C Delegations by governors of correctional centres
Omit “prison”. Insert instead “correctional centre”
Section 41 Expiration of sentence
| prisoner's” and “from prison” wherever occurring. | Omit “A prisoner”, “the prisoner”, “any prisoner”, “the inmate's” and “from detention in a correctional centre” respectively. |
| Section 42 Address of warrant | |
| Omit “prison” and “a prisoner” wherever occurring. Insert instead “correctional centre” and “an inmate” respectively. | |
| Section 43 Notice to coroner of inmate's death | |
| Omit “a prisoner”, “the prisoner” and “prison”. respectively. | |
| Section 44 Attendance of inmate before courts and certain persons and bodies | |
| Omit “a prisoner”, “such prisoner”, “the prisoner” and “prison” from section 44 (1) wherever occurring. Insert instead “an inmate”, “such inmate”, “the inmate” and “correctional centre” respectively. |
Prisons Amendment Act 1996 No 25
| Amendment of Prisons Act 1952 relating to penal terminology | Schedule 5 |
[102] Section 44 (2)
| Omit “Every prisoner”, “the prison”, “prison officer” and “the prisoner” wherever occurring. Insert instead “Every inmate”, “the correctional centre”, “correctional officer” and “the inmate” respectively. |
[103] Section 45 Sentences to be served in lock-up
| wherever occurring. |
Omit “prison”, “the prisoner”, “Any prisoner” and “a prisoner” and “an inmate” respectively.
[104] Section 45A Use of dogs in maintaining good order and security
| Omit “prison officer”, “a prison” and “the prison” from section 45A (1). Insert instead “correctional officer”, “a correctional centre” and “the correctional centre” respectively. |
[105] Section 45A (2)
Omit “governor of a prison”, “prison or prison complex”, “prisons or prison complexes”, “prisoners” and “prisoner” wherever occurring.
Insert instead “governor of a correctional centre”, “correctional centre or correctional complex”, “correctional centres or correctional complexes”, “inmates” and “inmate” respectively.
[106] Section 45A (3 ) and (4)
Omit “prison officer” and “prison officer's” wherever occurring. Insert instead “correctional officer” and “correctional officer's” respectively.
Prisons Amendment Act 1996 No 25
| Schedule 5 | Amendment of Prisons Act 1952 relating to penal terminology |
Section 45A (5)
Omit “a prison is being managed”, “‘prisoners” and “prison and “correctional officer” respectively.
officer”.
Section 48A Research work-records and information
Omit “prisons” and “prisoners” wherever occurring.
Insert instead “correctional centres” and “inmates” respectively.
Section 48B Funds payable to certain organisation
Omit “‘prisoners” wherever occurring. Insert instead “inmates”.
Section 48E Oath or affirmation of office
Omit “prison officer” wherever occurring.
Insert instead “correctional officer”.
Section 50 Regulations
Omit “prisons”, “prison” and “prisoners” from section 50 (as amended by the Prisons (Amendment) Act 1988) wherever occurring, except section 50 (1) (a), (d3), (g), (j3), (n) and (o).
Insert instead “correctional centres”, “correctional centre” and
“inmates” respectively.
Section 50 (1) (a), (d3) and (g)
Omit “prisons and prison complexes” wherever occurring.
Insert instead “correctional centres and correctional complexes
Prisons Amendment Act 1996 No 25
| Amendment of Prisons Act 1952 relating to penal terminology | Schedule 5 |
Section 50 (1) (g)
Omit “prisons” where secondly occurring.
Insert instead “correctional centres”.
Section 50 (1) (j3) (as inserted by the Prisons (Amendment) Act
1988)
Omit “prisons and prison complexes”.
Insert instead “correctional centres and correctional complexes”.
Section 50 (1) (n) and (o)
Omit “prison officers” and “prison or prison complex” wherever correctional complex” respectively.
occurring.
Part 9, heading
Omit “Prisoners”. Insert instead “Inmates”.
Section 53 Definitions
Omit the definitions of authorized person, constable, court,
magistrate, order and prison from section 53 (1).
Insert in alphabetical order:
authorized person, constable, court, magistrate and order have the same respective meanings as in section 3
(1) of the ACT Act.
correctional centre has the same meaning as prison does
in section 3 (1) of the ACT Act.
Section 54 Conveyance and detention of inmates from the
Territory
Omit “prison” wherever occurring. Insert instead “correctional centre”.
Prisons Amendment Act 1996 No 25
| Schedule 5 | Amendment of Prisons Act 1952 relating to penal terminology |
Section 55 Returns of persons tothe Territory
Omit “prison” and “prisoner” wherever occurring.
Insert instead “correctional centre” and “inmate” respectively.
Section 56 Application of this Part to inmates in custody at commencement of this Part
Omit “prison” wherever occurring. Insert instead “correctional centre”.
Section 57 Validation
Omit “prison” wherever occurring. Insert instead “correctional centre”.
Part 9A, heading (as inserted by the Prisons (Amendment) Act
1988)
Omit “Prisoners”. Insert instead “Inmates”.
Section 58A Definitions (as inserted by the Prisons
(Amendment)Act1988)
Omit the definitions of constable and prisoner from section 58A (1).
Insert in alphabetical order:
constable has the same meaning as in the
Commonwealth Act.
inmate has the same meaning as prisoner does in the
Commonwealth Act.
Sections 58B Conveyance and detention of inmates from Norfolk Island, 58C Return of inmates to Norfolk Island (as inserted by the Prisons (Amendment) Act 1988)
Omit “ a prisoner”, “the prisoner”, “The prisoner”, “any prisoner” inmate” and “correctional centre” respectively.
and “prison” wherever occurring.
Prisons Amendment Act 1996 No 25
| Amendment of Prisons Act 1952 relating to penal terminology | Schedule 5 |
Section 62 Functions of the Review Council
Omit “prisoners” wherever occurring.
Insert instead “inmates”.
Section 64 Security of certain information
Omit “prison” from section 64 (a). Insert instead “correctional centre”.
Schedule 4A, clauses 3A and 4
Omit “prison” from clauses 3A (1) and 4 (3) wherever occurring.
Insert instead “correctional centre”.
Schedules 6 and 7
Omit “Prison Officer” wherever occurring.
Insert instead “Correctional Officer”.
Schedule 8, clause 6
Omit “prisons”. Insert instead “correctional centres”.
Schedule 8, clause 14
Omit “a prisoner”. Insert instead “an inmate”.
Schedule 8, clause 15
Omit “a prisoner”, “the prisoner” and “prison” wherever respectively.
occurring.
Prisons Amendment Act 1996 No 25
| Schedule 5 | Amendment of Prisons Act 1952 relating to penal terminology |
Schedule 8, clause 16
in a correctional centre” respectively.
Omit “a prisoner”, “the prisoner”, “a prison” and “in prison” and “detained
wherever occurring.
Schedule 8, clause 21
Omit ‘“prisoners”. Insert instead “inmates
| [134] | Schedule 8, clause 22 Omit “prisoner”. Insert instead “inmate”. |
Prisons Amendment Act 1996 No 25
| Amendment of Prisons Act 1 9 5 2 relating to statute law revision and | Schedule 6 |
| savings and transitional matters |
| Schedule 6 | Amendment of Prisons Act 1952 relating to statute law revision and savings and transitional matters |
| (Section 3 | ) |
[1] Section 44 Attendance of inmate before courts and certain other persons and bodies
| Omit “Registrar of the Court of Appeal” from section 44 (3). Insert instead “Registrar of the Court of Criminal Appeal”. |
Explanatory note
The amendment made by item [1 ] corrects an incorrect reference.
[2] Schedule 8, clause 1
Insert at the end of clause 1 (1):
Prisons Amendment Act 1996.
[3] Schedule 8, Part 8
Insert after Part 7:
| ||
| 26 Definitions |
In this Part:
amending Act means the Prisons Amendment Act 1996.
the appointed day means the day on which Schedule 3 to
the amending Act commences.
terminology amendment means an amendment made by
the amending Act replacing a reference to a prison, prison complex, prison offence, prisoner or prison officer.
Prisons Amendment Act 1996 No 25
| Schedule 6 | Amendment of Prisons Act 1952 relating to statute law revision and savings and transitional matters |
27 Inmates held in protective custody
Any inmate who, immediately before the appointed day, is segregated pursuant to:
| (a) | a direction given by the Commissioner or governor under section 22 (1) (as in force immediately before the appointed day) because of his or her opinion that the association of the inmate with other inmates constituted or was likely to constitute a threat to the personal safety of that inmate, or |
| (b) | a direction given under section 22 (1A) (as in force immediately before the appointed day), |
is taken to be held in protective custody pursuant to a
direction under section 22AA.
Any other inmate who, immediately before the appointed day, is segregated pursuant to a direction under section 22 (as in force immediately before the appointed day) is taken to be segregated pursuant to a direction made under section 22 (as re-enacted by the amending Act).
Any period of segregation of an inmate before the appointed day pursuant to a direction referred to in subclause (1) (a) or (b) is taken to be a period of protective custody for the purposes of sections 22A-22G.
A period of segregation of an inmate before the appointed day pursuant to a direction other than a direction referred to in subclause (1) (a) or (b) is taken to be a period of segregation for the purposes of sections 22A-22G.
28 Effect of terminology amendments
| (1) | Any terminology amendment made to this Act by the amending Act is made for the purpose of replacing outdated penal terminology with current terminology. |
Prisons Amendment Act 1996 No 25
| Amendment of Prisons Act 1952 relating to statute law revision and | Schedule 6 |
| savings and transitional matters |
| (2) | Accordingly, any such amendment: | |||
|
29 Inmates having high security classifications for the purposes of section 29AC
Until a regulation is made under section 29AC (6), an inmate classified by the Commissioner:
| (a) | in Category A 1 ,A 2 or B under clause 10 (1) of the Prisons (General) Regulation 1995, or |
| (b) | in Category E l or E2 under clause 11 (3) of the |
Prisons (General) Regulation 1995,
is taken to be an inmate having a high security
classification for the purposes of section 29AC.
30 References to prisons, prison complexes, prisoners,
prison officers and prison offences
A reference in any other Act, or any instrument made under any Act, or any document of any kind to a prison (within the meaning of this Act before the commencement of Schedule 5 [4] to the amending Act) is to be read as a reference to a correctional centre.
A reference is any other Act, or any instrument made under any Act, or any document of any kind to a prison complex (within the meaning of this Act before the commencement of Schedule 5 [4] to the amending Act) is to be read as a reference to a correctional complex.
A reference in any other Act, or any instrument made under any Act, or any document of any kind to a prisoner (within the meaning of this Act before the commencement of Schedule 5 [4] to the amending Act) is to be read as a reference to an inmate.
Prisons Amendment Act 1996 No 25
| Schedule 6 | Amendment of Prisons Act 1952 relating to statute law revision and savings and transitional matters |
| (4) | A reference in any other Act, or any instrument made under any Act, or any document of any kind to a prison officer (within the meaning of this Act before the commencement of Schedule 5 [4] to the amending Act) is to be read as a reference to a correctional officer. |
| (5) | A reference in any other Act, or any instrument made under any Act, or any document of any kind to a prison offence (within the meaning of this Act before the commencement of Schedule 5 [4] to the amending Act) is to be read as a reference to a correctional centre offence. |
Explanatory note
Items [2] and [3] make provision for matters of a savings or transitional nature.
[Minister's second reading speech made in—
Legislative Assembly on 6 December 1995
Legislative Council on 17 April 1996]
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