Corrective Services Act 2006

If it is reasonably practicable in the circumstances, before a health practitioner carries out a medical examination or treatment of a prisoner, the health practitioner must tell the prisoner the following—

the health practitioner considers the prisoner requires the medical examination or treatment;

the health practitioner’s reasons for requiring the examination or treatment;

what the examination or treatment will involve.

A prisoner must submit to an examination by a health practitioner if the chief executive orders the examination to decide—

the prisoner’s security classification; or

where to place the prisoner; or

whether to transfer the prisoner to another place; or

the prisoner’s suitability to participate in an approved activity, course or program; or

the prisoner’s suitability for leave of absence, early discharge or release.

A prisoner must submit to—

examinations by psychiatrists as required—

under a risk assessment order under the Dangerous Prisoners (Sexual Offenders) Act 2003, section 8(2)(a); or

by the chief executive, if the chief executive must arrange for the examinations under section 29 of that Act; orNote—The Dangerous Prisoners (Sexual Offenders) Act 2003, section 29 deals with psychiatric reports for reviewing continuing detention orders.

an examination by 2 or more medical practitioners as directed by a judge under the Criminal Law Amendment Act 1945, section 18.

Note—The Criminal Law Amendment Act 1945, section 18 deals with the detention of persons incapable of controlling sexual instincts.

For a medical examination or treatment of a prisoner, a health practitioner may—

take a sample of the prisoner’s blood or another bodily substance; or

order the prisoner to provide a sample of the prisoner’s urine or another bodily substance, including, for example, hair or saliva, and give the prisoner directions about the way in which the sample must be provided.

A prisoner must comply with an order made, or direction given, under subsection (4)(b).

A health practitioner may authorise another person to examine or treat a prisoner in a corrective services facility if—

the health practitioner—

is authorised or required to carry out the examination or give the treatment under this Act; or

would, if qualified to carry out the examination or give the treatment, be so authorised or required; and

the other person is qualified to carry out the examination or give the treatment.

In this section—prisoner does not include a prisoner released on parole.