Correctional Services Act 2014

In this Act:

acting in an official capacity, in relation to a correctional services officer, means the officer is exercising powers or performing functions under, or otherwise related to the administration of, this Act.

administrative home detention permit, see section 132.

adult prisoner means a prisoner who is not a youth prisoner.

allowable item, see section 44.

approved identification system means a system approved under section 194(1).

approved monitoring device, see section 165.

approved residence:

CEO Health, see section 81.

Commissioner means the Commissioner of Correctional Services appointed under section 17(1).

Commissioner's Directions means directions issued under section 205(1).

committed or remanded into the custody of the Commissioner, see section 8(1).

community based order, see section 165.

community correction order, see section 165.

community correctional facility means a facility declared under section 15(1) to be a community correctional facility.

community custody order, see section 165.

community work order, see section 165.

connected with an offence, in relation to a thing, means that the thing:

(a) was, is being, or is intended to be, used for the purpose of committing the offence; or

correctional centre means a place declared under section 12(1) to be a correctional centre.

correctional officer means a person appointed under section 24(1).

correctional services dog means a dog approved under section 35(1)(a) as a correctional services dog.

correctional services establishment, see section 11.

correctional services officer, see section 16.

corresponding Commissioner, see section 120.

corresponding interstate law, see section 120.

corresponding permit, see section 120.

court custody centre, see section 14.

custodial correctional facility, see section 11(1)(a).

decision maker, see section 68.

foreign legal matters leave permit, see section 130(2).

general leave permit, see section 118(1).

General Manager, see section 10.

health care, see section 81.

health practitioner means a person registered under the Health Practitioner Regulation National Law to practise in a health profession (other than as a student).

home detention order, see section 165.

immigration detainee, see section 6(2).

intensive community correction order, see section 165.

interstate custodial leave permit, see section 120.

interstate escort, see section 120.

interstate prisoner, see section 120.

intimate search, see section 49(1).

law enforcement agency means one of the following:

(c) the Australian Crime Commission established by section 7 of the Australian Crime Commission Act 2002 (Cth);

(d) a body established under a law of the Territory, the Commonwealth or a State, that performs one or more of the following functions:

(i) preventing, detecting or investigating the commission of offences;

(ii) executing or implementing a decision, direction, order or other requirement of a court, tribunal, or judicial officer (including executing warrants).

lawful custody of the Commissioner, see section 9(1).

leave permit, see section 109(1).

legal item, see section 151.

mail means a letter or parcel, sent or delivered by any means.

misconduct decision, see section 68.

misconduct proceedings, see section 71(1).

mobile communications device includes the following:

(a) a mobile phone or other device that is telecommunication‑enabled or internet‑enabled;

(c) any equipment or other thing used in connection with a mobile phone or device.

Note for definition mobile communications device

This does not include a device that is capable of being made telecommunication‑enabled or internet‑enable if it is in fact not so enabled.

monitored, for Part 3.2, Division 2, see section 103.

monitoring device, see section 165.

monitoring order, see section 166(2).

nominated examiner, see section 151.

non‑custodial offender, see section 7.

non‑custodial order, see section 166(1).

non‑custodial work order, see section 166(3).

observed, for Part 3.2, Division 1, see section 94.

offender, see section 5.

official visitor means a person appointed under section 26.

parole order means an order made by the Parole Board under section 5 of the Parole Act 1971.

participating State, see section 120.

police custody centre, see section 13.

prescribed alcohol/drug test means a test prescribed as mentioned under section 195(1)(a).

prescribed sampler, for a prescribed alcohol/drug test, means a person prescribed for the test as mentioned under section 195(1)(b).

priority/legal call, see section 103.

priority/legal visit, see section 94.

priority visitor, see section 94.

prisoner, see section 6.

probation and parole officer means a person appointed under section 25(1).

prohibited thing means a thing (including information) to which one or more of the following applies:

(d) it might reasonably constitute a threat to the security and good order of a custodial correctional facility or a prisoner;

(e) possession of it is unlawful under a law of the Territory, the Commonwealth or a State;

(f) it is reasonable to infer from possession of it, an intention to facilitate, incite, or use the thing in connection with, an unlawful activity;

(h) if it is written – it is in a language other than English or in code, and is not readily translatable to English;

(iii) for a custodial correctional facility – the General Manager under section 160.

Note for definition prohibited thing

This definition is modified by sections 175(3) and 182(3) for those sections.

protected correspondent, see section 151.

protected item, see section 151.

protected/legal item, see section 151.

recorded, for Part 3.2, Division 1, see section 94.

reasonably necessary, in relation to the use of force, see section 138(2).

Regional Manager, of a region, means a person appointed under section 23(1) for the region.

release date, for a prisoner other than an immigration detainee, means the date on which the prisoner ceases, or will cease, to be a prisoner.

reviewer, see section 68.

sentenced prisoner means a person who is a prisoner under section 6(1)(b).

special correctional officer means a special correctional officer appointed under section 25B.

special correctional services officer, for Part 2.2, Division 4, see section 25A.

special probation and parole officer means a special probation and parole officer appointed under section 25C.

State, see section 120.

trust account, for a prisoner, means the trust account maintained for the prisoner under section 161.

unlawfully absent, see section 9(2).

visitor means a person who is at a custodial correctional facility and who:

(b) is not a correctional services officer, or employee of the Agency, acting in the course of his or her duties.

volunteer means a person approved under section 34(1).

youth, see section 6 of the Youth Justice Act 2005.

youth detainee means a detainee as defined in section 5(1) of the Youth Justice Act.

youth detention centre means a detention centre, as defined in section 5(1) of the Youth Justice Act 2005.

youth prisoner means a person who is a prisoner under section 6(1)(a) or (b) and is a youth.

Note for section 4

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

Each of the following is an offender:

(a) has been committed or remanded into the custody of the Commissioner by an order that is in force; or

(b) is under a sentence of imprisonment but is not a non‑custodial offender; or

Examples for subsection (1)(b)

Examples of persons who are under sentence of imprisonment but are non‑custodial offenders include:

(a) a person who has been released under a parole order; and

(b) a person whose sentence of imprisonment has been suspended.

(i) in immigration detention (as defined in section 5 of the Migration Act 1958 (Cth)); and

(ii) being restrained or held by or on behalf of an officer (as defined in section 5 of that Act) who is a correctional services officer; or

(b) the person would be an immigration detainee under paragraph (a) but for the fact that the person has escaped from detention.

(3) To avoid doubt, a person mentioned in subsection (1)(a), (b) or (c) is a prisoner:

(1) For this Act, a person is committed or remanded into the custody of the Commissioner if a court, or a person or other body with authority to do so, orders that the person:

(b) is committed or remanded to a, or to a particular, custodial correctional facility (however described); or

(b) if the person is committed to the custody of the sheriff by a court exercising civil jurisdiction or in proceedings for contempt; or

(c) if the person is committed to custody at a specified place, or to the custody of a specified person.

Example for subsection (2)(c)

A person committed under section 43ZA(1)(a)(ii) of the Criminal Code to a place the court considers appropriate. Such a person is not committed or remanded into the custody of the Commissioner.

(1) A prisoner is in the lawful custody of the Commissioner if the prisoner:

(d) is working at a place outside a custodial correctional facility as mentioned in section 54; or

(e) is being transported to a custodial correctional facility, or between 2 places mentioned in paragraphs (a) to (d); or

(f) is absent from a custodial correctional facility as authorised by a leave permit as mentioned in section 109(2); or

(g) is absent from a custodial correctional facility under other lawful authority.

(2) A prisoner is unlawfully absent if the person is not in the lawful custody of the Commissioner.

Note for section 9

See section 63A of the Sentencing Act 1995 for the effect that being absent from a custodial correctional facility has on a prisoner's term of imprisonment.

General Manager means the following:

(a) for a correctional centre – the General Manager appointed under section 21 for the correctional centre;

(b) for a police custody centre – the police officer, or correctional officer, in charge of a police custody centre;

(c) for a court custody centre – the police officer, or correctional officer, in charge of a court custody centre.

(2) A reference, in relation to a custodial correctional facility, to the General Manager, is a reference to the General Manager for that facility.

(3) A reference, in relation to a prisoner, to the General Manager is a reference to the General Manager of the custodial correctional facility at which the person is a prisoner.

Chapter 2 Correctional services administration

Part 2.1 Correctional services establishments

(1) Each of the following is a correctional services establishment:

(a) a custodial correctional facility, which is one of the following:

(2) A reference, in relation to a prisoner, to the custodial correctional facility, is a reference to the facility at which the person is a prisoner.

(1) The Minister may, by Gazette notice, declare a place to be a correctional centre.