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These Regulations may be cited as the Correctional Services
Regulations 2014.
In these Regulations:
approved project, for Part 3A, see regulation 19A.
blood analysis, for Part 3, see regulation 10(e).
breath analysis, for Part 3, see regulation 10(d).
breath test, for Part 3, see regulation 10(a).
firearm, for Part 3A, see regulation 19A.
home detainee, for Part 3A, see regulation 19A.
pathologist, for Part 3, see regulation 9.
phlebotomist, for Part 3, see regulation 9.
prescribed breath analysis instrument, for Part 3, see regulation 9.
required treatment, for Part 3A, see regulation 19A.
restricted drug means any of the following:
(a) a dangerous drug as defined in section 3(1) of the Misuse of Drugs Act 1990;
(b) a Schedule 4, 8 or 9 substance as defined in section 7 of the Medicines, Poisons and Therapeutic Goods Act 2012;
(c) any other drug specified in the offender's non‑custodial order as one that the offender is not permitted to use.
saliva test, for Part 3, see regulation 10(b).
sexual harassment of a person includes the following:
an unwelcome act of physical intimacy with the person;
(b) an unwelcome demand or request (whether explicit or implicit) for sexual favours from the person;
(c) an unwelcome remark with sexual connotations made toward the person;
(d) any other unwelcome conduct of a sexual nature toward, or in the presence of, the person.
supervisor, for Part 3A, see regulation 19A.
training program, for Part 3A, see regulation 19A.
urine test, for Part 3, see regulation 10(c).
(1) For section 69(2)(b) of the Act, the following constitutes misconduct:
engaging in conduct mentioned in Schedule 1;
attempting to engage in conduct mentioned in Schedule 1;
(c) doing, or not doing, something for the purpose of encouraging or facilitating another person to engage in conduct mentioned in Schedule 1.
(2) However, engaging in conduct mentioned in subregulation (1) does not constitute misconduct if the prisoner was authorised by a correctional services officer to engage in the conduct.
For section 78(2)(c) of the Act, the privileges listed in Schedule 2 are prescribed.
For section 78(2)(d) of the Act, the prescribed percentage is 75% of the rate otherwise payable for carrying out the work.
For section 78(2)(g) of the Act, ordering the prisoner to pay a fine of not more than $200 is prescribed.
If a prisoner is ordered to pay a fine, it is payable to the
Territory.
If a prisoner is ordered to pay a fine and has not done so within the time required by the order, the Commissioner may deduct the amount of the fine from the prisoner's trust account.
At the start of misconduct proceedings, the decision maker must explain the following to the prisoner, in language likely to be understood by the prisoner:
(a) the basis on which the prisoner has been charged with engaging in misconduct;
(b) the penalty that may be imposed if the prisoner is found to have engaged in misconduct;
the procedure to be followed in the proceedings;
the prisoner's rights under sections 71(6) and 72 of the Act;
(e) that if the prisoner gives evidence, he or she may be cross‑examined.
(1) This regulation applies in relation to misconduct proceedings if:
the prisoner requests the assistance of an interpreter; and
(b) the decision maker considers that the assistance is reasonably necessary for the prisoner to properly understand the proceedings.
(2) The General Manager must ensure that an interpreter is made available to the prisoner during the proceedings.
In this Part:
blood analysis, see regulation 10(e).
breath analysis, see regulation 10(d).
breath test, see regulation 10(a).
pathologist means a medical practitioner who holds a specialist registration under the Health Practitioner Regulation
National Law in the recognised speciality of pathology.
phlebotomist means person who has been trained to take samples of blood from persons by a registered training organisation (as defined in section 3 of the National Vocational Education and
Training Regulator Act 2011 (Cth)).
prescribed breath analysis instrument, see section 3(1) of the Traffic Act 1987.
saliva test, see regulation 10(b).
urine test, see regulation 10(c).
For section 195(1)(a) of the Act, the following tests are prescribed:
a test of a sample of a person's breath to detect whether alcohol may be present in the person's breath carried out using a device designed for that purpose (a breath test);
a test of a sample of a person's saliva to detect whether a drug may be present in the person's body carried out using a device designed for that purpose (a saliva test);
a test of a sample of a person's urine to detect whether a drug may be present in the person's body carried out using a device designed for that purpose (a urine test);
an analysis of a sample of a person's breath to ascertain the concentration of alcohol in the person's breath carried out using a prescribed breath analysis instrument (a breath analysis);
an analysis of a sample of a person's blood to do either or both of the following:
detect whether alcohol or a drug may be present in the person's body;
ascertain the concentration of alcohol or a drug in the person's body (a blood analysis).
For section 195(1)(b) of the Act, a person is a prescribed sampler for a prescribed test if the person is authorised under regulation 16,
17 or 18 to take a sample for the test.
A correctional services officer who has authority to give a direction under section 37, 51, 145 or 172 of the Act must not direct a person to submit to a breath test, saliva test or urine test unless the officer considers it reasonable to do so.
For the direction to be reasonable, it is not necessary that the correctional services officer suspects that the person has alcohol or a drug in his or her body.