Corrections Amendment Regulations 2017
S.R. No. 60/2017
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Regulation 10 inserted
6Regulation 86A substituted
7New regulations 88D and 88E inserted
8New Division 4 of Part 8 inserted
9Regulation 94 substituted
10Schedule 6 substituted
11New Forms 4 and 5 of Schedule 10 inserted
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Endnotes
STATUTORY RULES 2017
S.R. No. 60/2017
Corrections Act 1986
Corrections Amendment Regulations 2017
The Governor in Council makes the following Regulations:
Dated: 27 June 2017
Responsible Minister:
GAYLE TIERNEY
Minister for CorrectionsANDREW ROBINSON
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Corrections Regulations 2009—
(a)to prescribe and update various forms and other procedures and other matters authorised by the Corrections Act 1986; and
(b)to prescribe conditions and limitations for the discharge of firearms by authorised police officers; and
(c)to make minor and technical amendments.
2Authorising provision
These Regulations are made under section 112 of the Corrections Act 1986.
3Commencement
(1)These Regulations, except regulations 6, 7 and 10, come into operation on 28 June 2017.
(2)Regulations 6, 7 and 10 come into operation on 1 August 2017.
4Principal Regulations
In these Regulations, the Corrections Regulations 2009[1] are called the Principal Regulations.
5Regulation 10 inserted
After regulation 9 of the Principal Regulations insert—
"10 Discharge of firearms by authorised police officers
(1)A police officer who is authorised under section 15 of the Act to exercise the powers of a prison officer and who uses a firearm in reliance on that authority is subject to the conditions and limitations set out in this regulation.
(2)A police officer may discharge a firearm at a prisoner if—
(a)the prisoner escapes or attempts to escape from custody; and
(b)the police officer reasonably believes that discharging the firearm is the only practicable way to prevent the escape of the prisoner from custody.
(3)A police officer may discharge a firearm at a person if the police officer reasonably believes that—
(a)the person is aiding a prisoner in escaping or attempting to escape from custody; and
(b)discharging the firearm is the only practicable way to prevent the escape of the prisoner from custody.
(4)A police officer may discharge a firearm at a person if—
(a)that person is using force or threatening force against—
(i)a person in a prison; or
(ii)an officer within the meaning of Part 5 of the Act (including the police officer carrying the firearm) acting in the execution of the officer's duties outside a prison; or
(iii)a prisoner outside a prison; and
(b)the police officer reasonably believes that discharging the firearm is the only practicable way to prevent that person causing death or serious injury.
(5)Before discharging a firearm at a person, a police officer must—
(a)if it is practicable to do so, give an oral warning to that person to the effect that the person will be shot at if that person does not stop escaping, attempting to escape, aiding an escape or attempted…