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This is a Bill, not an Act. For current law, see the Acts databases.
CORRECTIONS MANAGEMENT AMENDMENT BILL 2008
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Corrections
Management Amendment Bill 2008
A Bill for
An Act to amend the Corrections Management Act
2007
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
1 Name of Act
This Act is the Corrections Management Amendment Act 2008.
2 Commencement
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
3 Legislation amended
This Act amends the Corrections Management Act 2007.
4 Section 113
substitute
113 Meaning of seizeable item—div
9.4.3
In this division:
seizeable item means anything that—
(a) is a prohibited thing; or
(b) may be used by the detainee in a way that may involve—
(i) intimidating anyone else; or
(ii) an offence or disciplinary breach; or
(iii) a risk to the personal safety of anyone else; or
(iv) a risk to security or good order at a correctional centre.
113A Strip searches—when may be
conducted
(1) A detainee may be strip searched only if the chief executive gives a
direction in accordance with section 113B or section 113C.
Note Section 126 provides for the use of force to carry out searches
under this part.
(2) To remove any doubt, a strip search of a detainee may be conducted
immediately after any scanning search, frisk search or ordinary search of the
detainee.
113B Strip searches—on
suspicion
The chief executive may direct a corrections officer to strip search a
detainee if the chief executive suspects on reasonable grounds that the detainee
has a seizeable item concealed on the detainee.
113C Strip searches—where
prudent
(1) The chief executive may direct a corrections officer to strip search a
detainee at a correctional centre if—
(a) the chief executive believes on reasonable grounds that it is prudent
to search the detainee for a seizeable item that may be concealed on or in the
detainee because the detainee—
(i) has recently not been under the control or immediate supervision of a
corrections officer for a period; and
(ii) during the period, may have had an opportunity to obtain a seizeable
item; and
(b) a scanning search may assist in detecting the item
but—
(i) the means of conducting the search is not available at the
correctional centre; or
(ii) if the means of conducting the search is available—the scanning
search is not likely to detect more than a limited range of seizeable items;
or
(iii) the search could only be carried out using force that would be
likely to make it ineffectual; and
(c) a frisk search or ordinary search is not likely to detect more than a
limited range of seizeable items.
Example—par (a)
(ii)
the detainee has had a personal contact visit by someone who is not an
accredited person
Example—par (b)
(ii)
a metal detector
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) Without limiting section 14 (Corrections policies and operating
procedures), the chief executive must make a corrections policy or operating
procedure in relation to strip searches under this section.
5 Dictionary, new definition of seizeable
item
insert
seizeable item, for division 9.4.3 (Strip searches)—see
section 113.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2008.
2 Notification
Notified under the Legislation Act on 2008.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2008
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