Corrections Act 1997

Corrections Act 1997

This Act may be cited as the Corrections Act 1997.

This Act commences on a day to be proclaimed.

In this Act, unless the contrary intention appears –

adult means a person who has attained the age of 18 years;

appropriate treatment, in relation to a sex offender prisoner, means a professional intervention to address the underlying causes of offending behaviour;

approved organisation means an organisation approved by the Director under section 13;

Board means the Parole Board established under section 62;

Chief Psychiatrist has the same meaning as in the Mental Health Act 2013;

correctional officer means a person appointed as a correctional officer pursuant to section 5;

Custodial Inspector means the Custodial Inspector appointed under section 5 of the Custodial Inspector Act 2016;

custodian means a person referred to in section 42(4)(a), (b) or (c) (other than the Director);

detainee means a person, other than a prisoner, who is subject to an order of a court by which he or she is remanded or otherwise committed to prison;

Director means the Director of Corrective Services appointed under section 5;

disciplinary officer means a correctional officer – nominated by the Director under section 57 to be a disciplinary officer; or belonging to a class of correctional officers nominated by the Director under section 57 to be disciplinary officers;

eligible persons register means the register kept under section 87A;

family violence offence means family violence offence within the meaning of the Family Violence Act 2004;

hospital means a place approved as a hospital under section 35;

immediate family, in respect of a deceased victim, includes – the spouse of the deceased victim; and the person who was in a significant relationship, within the meaning of the Relationships Act 2003, with the deceased victim at the time of the victim's death; and a parent, guardian or step-parent of the deceased victim; and a child or stepchild of the deceased victim; and a brother, sister, stepbrother or stepsister of the deceased victim;

imprisonment means imprisonment imposed as a result of a lawful sentence;

institution means a place approved as an institution under section 35;

leave permit means a leave permit in force under section 42;

legal member means the member of the Board referred to in section 62(2)(a);

legal practitioner means an Australian legal practitioner;

life prisoner means a prisoner who is serving a sentence for the term of his or her natural life;

medical officer means a medical practitioner who is engaged to examine, treat or care for a prisoner or detainee;

migration detainee– see section 83D;

non-parole period, in relation to a sentence of imprisonment, means – in a case to which section 17(2)(a), 17(3A) or 18(1)(a) of the Sentencing Act 1997 applies, the whole of the period of the sentence; or in a case to which section 17(2)(b) or 18(1)(b) of the Sentencing Act 1997 applies, the period specified in the order made under that section; or in any other case, the non-parole period specified in section 68(1);

officer of the Inspector means a person who is appointed or employed under section 11 of the Custodial Inspector Act 2016;

officer of the Ombudsman means a person who is appointed or employed pursuant to section 9 of the Ombudsman Act 1978;

official visitor means a person appointed as an official visitor to a prison under section 10;

operative sentence means such part of a sentence of imprisonment as has not been suspended;

parole order means a parole order under section 72;

Poisons List has the same meaning as in the Poisons Act 1971;

prison includes a place of detention irrespective of the title by which it is known, and includes the whole area, whether or not walled or fenced, established as a prison;

prisoner means a person who is subject to an order of a court by which he or she is sentenced to a term of imprisonment and includes a person who is a dangerous criminal, within the meaning of the Dangerous Criminals and High Risk Offenders Act 2021;

prison offence means an offence specified in Schedule 1;

probation officer means a person appointed as a probation officer pursuant to section 5 and includes an honorary probation officer appointed under that section;

regulations means the regulations in force under this Act;

Secretary means the Secretary of the Department;

secure mental health unit has the same meaning as in the Mental Health Act 2013;

sentence includes a sentence imposed by way of resentencing under section 9(1) of the Criminal Code Amendment (Life Prisoners and Dangerous Criminals) Act 1994;

sex offender prisoner means a prisoner whose sentence of imprisonment was – imposed on the prisoner as an adult; and imposed, either wholly or partially, for a sexual offence;

sexual offence means – an offence under section 72, 72A, 73, 73A, 74 or 74A of the Classification (Publications, Films and Computer Games) Enforcement Act 1995; or a crime under section 122, 124, 124A, 124B, 124C, 125, 125A, 125B, 125C, 125D, 126, 127, 127A, 129, 130, 130A, 130B, 130C, 130D, 133, 137, 138, 185 or 186 of the Criminal Code; or a crime under section 298, 299 or 300 of the Criminal Code relating to a crime referred to in paragraph (b) of this definition; or an offence under section 8(1A), 13A, 13B, 13C, 21 or 35(3) of the Police Offences Act 1935; or an offence under section 4, 5, 7, 8 or 9 of the Sex Industry Offences Act 2005; or a crime or other offence prescribed by the regulations; or an offence against the law of a jurisdiction other than Tasmania which is of substantially the same nature as a crime or offence referred to in another paragraph of this definition;

standing orders means the standing orders made under section 6(3);

State Service corrections employee means a person, other than a correctional officer or probation officer, appointed or employed pursuant to section 5(2);

supervisor means a person appointed as a supervisor pursuant to section 5 and includes an honorary supervisor appointed under that section;

Tribunal means the Tasmanian Civil and Administrative Tribunal;

victim, in respect of an offence, means – a person who has suffered injury, loss or damage as a direct consequence of the offence; and a member of the immediate family of a deceased victim of the offence.

The powers conferred by this Act are to be exercised with proper regard to the following principles:

the community is entitled to an appropriate level of protection from illegal behaviour by people subject to this Act;

people who are subject to this Act retain their normal rights and responsibilities as citizens, except as these are limited in accordance with law;

services and procedures should be fair, equitable and have due regard to personal dignity and individuality, as far as is consistent with the need for appropriate levels of security and control;

individuals are capable of change;

people subject to this Act continue to be members of the community and should be assisted to become socially responsible. Whilst their liberty is restricted to various degrees, demonstrated social responsibility should lead to less intrusive control and intervention.

Where there is an inconsistency between this Act and the Mental Health Act 2013, this Act prevails to the extent of that inconsistency.

The Governor may appoint a State Service officer or State Service employee to be Director of Corrective Services and the officer or employee holds office in conjunction with State Service employment.

Subject to and in accordance with the State Service Act 2000, correctional officers, probation officers and such other persons as are required for the purposes of this Act may be appointed or employed.

The Secretary may appoint a person to be a supervisor for the purposes of this Act.

A person appointed as a supervisor is to be appointed on such terms as the Secretary determines.

The Secretary may appoint a person to be an honorary probation officer or honorary supervisor.

All police officers are correctional officers.

The Secretary, with the consent of the employer of a correctional officer or a probation officer employed in another State or a Territory (however described in that State or Territory) may appoint such a correctional officer or probation officer to be a correctional officer or a probation officer for the purposes of this Act if the Secretary considers it is necessary to do so.

An appointment under subsection (1) is to be – for such period not exceeding 90 days as may be determined by the Secretary; and on such terms and conditions as are specified in the instrument of appointment.

The Director is responsible to the Secretary – for the care and direction of all prisons, prisoners and detainees and the control of all prisons; and for the order and control of all prisoners and detainees.

The Director has the powers, functions and duties vested in or conferred or imposed on him or her by this Act, the Sentencing Act 1997 and the Mental Health Act 2013.

The Director may make standing orders for the management and security of prisons and for the welfare, protection and discipline of prisoners and detainees.

A person who is a correctional officer or State Service corrections employee must comply with the standing orders made by the Director in so far as they apply to such an officer or employee.

The obligation under subsection (4) is, for correctional officers and State Service corrections employees, taken to be a conduct requirement under section 9 of the State Service Act 2000.

The Director may delegate any of the Director's functions or powers under this or any other Act other than this power of delegation.

In this section – confidential information means – information relating to the classification of a prisoner given to the Director or to the classification committee established under the regulations; or information given to the Board that is not disclosed in a decision of the Board or in any reasons given by the Board for a decision of the Board; or information given to an official visitor as an official visitor; or information given to the Custodial Inspector for the purposes of the Custodial Inspector Act 2016; or information relating to the personal affairs of a prisoner or detainee; or information concerning procedures or plans to be adopted or followed in a prison in the event of an emergency; or information concerning the management of, or the operation of security measures in, or in relation to, a prison; or information concerning the investigation of a breach or possible breach of the law by a prisoner, a correctional officer or a State Service corrections employee; or information contained in a report given to a court that is not disclosed in a decision of the court or in any reasons given by the court for a decision of the court; information includes photographs, fingerprints, samples and results of tests; position means any of the following:a position as a correctional officer, a probation officer or a person appointed or employed for the purposes of this Act; a delegate of the Director; a person authorised to perform or exercise the functions or powers of a correctional officer.

A person who holds or has held a position must not, except to the extent necessary to perform the official duties, powers or functions of that position, record, disclose, communicate or make use of confidential information. Fine not exceeding 5 penalty units.

Subsection (2) does not prevent a person from – giving evidence or producing a document to a court in the course of criminal proceedings or proceedings under this Act, even though the evidence or document contains confidential information; or disclosing or communicating confidential information in accordance with the written authority of the Minister or the person to whom the information relates; or disclosing or communicating confidential information to the Ombudsman or an officer of the Ombudsman; or disclosing or communicating confidential information to the Implementation Monitor, within the meaning of the Child Safety Reform Implementation Monitor Act 2024, in accordance with that Act; or disclosing confidential information that is a photograph to a person who holds a position or is a police officer, if the disclosure is made to assist the person to perform official duties; or disclosing confidential information to the extent specifically authorised by another Act; or disclosing information approved by the Director to a victim of crime.

In this section – item of identification includes – an access pass; and a security pass; and a tag; prescribed period means – in respect of an item of identification, equipment, clothing or insignia, the 7-day period immediately following the day on which the relevant person ceases to be a correctional officer or State Service corrections employee, or such longer period as the Director, by notice in writing given before or during that 7-day period, may allow the person; and in respect of a firearm or ammunition, the 24-hour period immediately after the relevant person ceases to be a correctional officer or State Service corrections employee.

This section applies to a person who ceases for any reason to hold an appointment or employment as a correctional officer or State Service corrections employee.

The person must surrender to the Director, within the prescribed period – all firearms and ammunition; and all items of identification, equipment, clothing and insignia – that were on issue to that person as a correctional officer or State Service corrections employee immediately before he or she ceased to hold that appointment or employment. Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months.

However, subsection (3) does not apply to the person in respect of an item of identification, equipment, clothing or insignia if it is an item of a kind that, under the standing orders in force at the relevant time, the person may retain on ceasing to hold the relevant appointment or employment.

If the person fails to surrender an item of identification, equipment, clothing or insignia as required by subsection (3), the Director, as soon as practicable after the prescribed period, is to give the person a notice requiring that the item be surrendered to the Director forthwith or within such time as he or she considers reasonable in the circumstances and specifies in the notice.

The notice under subsection (5) is to be given by registered post addressed to the person's place of residence last known to the Director.

The Commissioner of Police, at the written request of the Director, may apply to a justice for a warrant to enter and search any place and do either or both of the following:seize any firearm or ammunition found in the place that ought to have been surrendered to the Director pursuant to subsection (3) but has not been so surrendered; seize any item of identification, equipment, clothing or insignia found in the place that ought to have been surrendered to the Director pursuant to subsections (3) and (5) but has not been so surrendered.

A justice may issue a warrant if satisfied that there are reasonable grounds for believing that there is on or in any place either or both of the following:a firearm or ammunition, or both, that ought to have been surrendered to the Director pursuant to subsection (3) but has not been so surrendered; an item of identification, equipment, clothing or insignia that ought to have been surrendered to the Director pursuant to subsections (3) and (5) but has not been so surrendered.

A warrant is to authorise a police officer to – enter and search the place specified in the warrant; and seize any thing that the police officer reasonably believes is required to be surrendered to the Director under this section.

A warrant is to specify the date on which, and time by which, the warrant ceases to have effect.

If the occupier of the place is not present or refuses permission, the police officer may – proceed to execute the warrant using any reasonable force necessary; and do anything reasonably required to execute the warrant.