Corrective Services Act 2006

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—

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.