Authorised use of mechanical restraints
34I Authorised use of mechanical restraints
A correctional officer may use a mechanical restraint only in accordance with a standing order or operating procedure.
A correctional officer may use a mechanical restraint on a prisoner or detainee for all or any of the following purposes:to prevent the commission of an offence or disciplinary breach; to prevent the escape of a prisoner or detainee; to prevent the prisoner or detainee from accessing an area to which they are not permitted access; to prevent unlawful damage, destruction or interference with property; to prevent a prisoner or detainee from inflicting self-harm; for any other purpose prescribed by the regulations.
A correctional officer may use mechanical restraints only if the correctional officer believes, on reasonable grounds, that no other less restrictive method of control is applicable or appropriate in the circumstances.
The health and wellbeing of a prisoner must be considered before a mechanical restraint is applied.
A correctional officer must remove a mechanical restraint from a prisoner as soon as the restraint is no longer required for any of the purposes set out in subsection (2).
A mechanical restraint must not be used for the purpose of punishment.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- Corrections (Interstate Leave of Absence - ACT) Order 2005 · Regulation · under section 48
- Corrections (Interstate Leave of Absence) Order 2003 · Regulation · under section 48
- Corrections Regulations 2018
3 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory notesSecond reading speech
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