Corrective Services Act 2006

When a prisoner is admitted to a corrective services facility for detention, the chief executive must classify the prisoner into a security classification of low or high.

However, when a prisoner is admitted to a corrective services facility for detention on remand for an offence and is not serving a term of imprisonment for another offence, the prisoner must only be classified into a security classification of high.

In addition to classifying a prisoner under subsection (1), the chief executive may also classify the prisoner into 1 or more of the risk sub-categories prescribed by regulation.

When deciding a prisoner’s security classification, the chief executive must have regard to each of the following—

the nature of the offence for which the prisoner has been charged or convicted;

the risk of the prisoner escaping, or attempting to escape, from custody;

the risk of the prisoner committing a further offence and the impact the commission of the further offence is likely to have on the community;

the risk the prisoner poses of self harming, harming other prisoners and staff members and to the security of the corrective services facility;

the length of time remaining to be served by the prisoner under a sentence imposed by a court;

information about the prisoner, if any, received from a law enforcement agency.

Also, the chief executive may have regard to any matter that is relevant to—

the welfare or safe custody of the prisoner or other prisoners; or

the security or good order of the corrective services facility.

If the chief executive classifies a prisoner into a security classification of high, the prisoner must be detained in a secure facility.

If the chief executive classifies a prisoner into a security classification of low, the prisoner may be detained in a low custody facility.

In this section—low custody facility means—

a prison, other than a secure facility; or

a community corrections centre; or

a work camp.