Corrective Services Act 2006

This Act may be cited as the Corrective Services Act 2006.

Chapter 7, part 8 commences on the date of assent.

The remaining provisions of this Act commence on a day to be fixed by proclamation.

The purpose of corrective services is community safety and crime prevention through the humane containment, supervision and rehabilitation of offenders.

This Act recognises that every member of society has certain basic human entitlements, and that, for this reason, an offender’s entitlements, other than those that are necessarily diminished because of imprisonment or another court sentence, should be safeguarded.

This Act also recognises—

the need to respect an offender’s dignity; and

the special needs of some offenders by taking into account—

an offender’s age, sex or cultural background; and

any disability an offender has.

The dictionary in schedule 4 defines particular words used in this Act.

In a provision of this Act about a prisoner, a reference to a corrective services facility is a reference to the corrective services facility in which the prisoner is detained.

This section applies to the chief executive’s or a corrective services officer’s consideration of—

the Human Rights Act 2019, section 30(2) in relation to a prisoner admitted to a corrective services facility for detention on remand or a prisoner detained without charge; or

the Human Rights Act 2019, section 30 in relation to managing a prisoner in a corrective services facility where it is not practicable for the prisoner to be provided with the prisoner’s own room under section 18.

To remove any doubt, it is declared that the chief executive or officer does not contravene the Human Rights Act 2019, section 58(1) only because the chief executive’s or officer’s consideration takes into account—

the security and good management of corrective services facilities; or

the safe custody and welfare of all prisoners.

A person sentenced to a period of imprisonment, or required by law to be detained for a period, must be detained for the period in a corrective services facility.

However—

if the period is 21 days or less—the person may be detained in a watch house for part or all of the period; or

if the period is more than 21 days—the person may be detained in a watch house until the person can be conveniently taken to a corrective services facility.

This section applies subject to—

the provisions of this Act that allow a prisoner to be lawfully outside a corrective services facility; and

the Criminal Code; and

the Youth Justice Act 1992; and

the Mental Health Act 2016; and

the Parliament of Queensland Act 2001, section 40(4)(a).

Note—The Parliament of Queensland Act 2001, section 40 deals with proceedings for punishment by the Legislative Assembly for contempt.

If a person sentenced to a period of imprisonment or required by law to be detained for a period is, while being taken to a corrective services facility for detention, under the control of a corrective services officer, the person is taken to be in the chief executive’s custody.

When admitted to a corrective services facility for detention, a person is taken to be in the chief executive’s custody.

Subsections (1) and (2) apply despite the provisions of a warrant committing the person into someone else’s custody.

Except for any time when the person is lawfully in another person’s custody, the person remains in the chief executive’s custody until discharged, even if the person is lawfully outside a corrective services facility.Example of when a person is lawfully in another person’s custody—while the person is in the custody of a police or prison officer as mentioned in the Mutual Assistance in Criminal Matters Act 1987 (Cwlth), section 26Examples of when a person is lawfully outside a corrective services facility—

• while the person is released on parole

• while the person is being transferred between corrective services facilities or is attending court

• while the person is on health leave

In a warrant committing a person to a corrective services facility, or requiring a prisoner to be produced to the keeper or officer in charge of a corrective services facility, a reference to the keeper or officer in charge of the facility is a reference to the chief executive.

The chief executive is taken to have custody of a person even if the person is in the physical custody of, or being supervised by, an engaged service provider.

If a person sentenced to a period of imprisonment or required by law to be detained for a period is, while being taken to a corrective services facility for detention, under the control of a police officer, the person is taken to be in the commissioner’s custody.

When admitted to a watch house for detention, a person is taken to be in the commissioner’s custody, even if the person is lawfully outside the watch house, until the person—

is discharged; or

is lawfully given into another person’s custody.

Subsections (1) and (2) apply despite the provisions of a warrant, record or order committing the person into someone else’s custody.

A person (the detainee) must not be admitted to and detained in a corrective services facility unless the person responsible for admitting prisoners at the facility is given—

a warrant for the detainee’s detention; or

a verdict and judgment record under the Criminal Practice Rules 1999 containing the name of the detainee and particulars of the judgment pronounced on the detainee; or

a record, under the Penalties and Sentences Act 1992, of the order committing the detainee into custody.

Despite the provisions of a warrant, record or order committing a person to a specified corrective services facility or to a watch house, the person may be taken to and detained in a corrective services facility specified by the chief executive.

The chief executive must establish a record containing each prisoner’s details, including details about the identification of the prisoner.

For the identification of a prisoner, a corrective services officer may collect and store the prisoner’s biometric information, including by way of a biometric identification system.

The prisoner’s biometric information, and any data about the biometric information stored in a biometric identification system, must be destroyed if—

the prisoner is found not guilty of the offence for which the prisoner is being detained, other than on the ground of unsoundness of mind; or

proceedings for the offence for which the prisoner is being detained are discontinued or dismissed.

However, the prisoner’s biometric information, and any data about the biometric information stored in a biometric identification system, must not be destroyed if, for any part of the period of detention for the offence, the prisoner was also being detained for another offence—

of which the prisoner has been convicted; or

for which proceedings have not been discontinued or dismissed.

In this section—prisoner includes a person subject to a community based order.

When a prisoner is admitted to a corrective services facility for detention, the chief executive must inform the prisoner about—

the prisoner’s entitlements and duties under this Act; and

the administrative directions and procedures relevant to the prisoner’s entitlements and duties.

If the prisoner is illiterate or does not understand English, the chief executive must take reasonable steps to ensure the prisoner understands the things mentioned in subsection (1).

The chief executive—

must make a copy of this Act available to all prisoners; and

may make a copy of other legislation available to a prisoner.