Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• chief executive (see s 163)
• chief police officer
• doctor
• domestic partner (see s 169 (1))
• Governor
• human rights commissioner
• in relation to
• intersex person (see s 169B)
• judge
• Legislative Assembly
• magistrate
• NSW correctional centre
• nurse
• ombudsman
• police officer
• public advocate
• public employee
• public servant
• quarter
• sentence administration board
• transgender person (see s 169A (1) and (2))
• tribunal.
"accredited person", in relation to a detainee, means each of the following:
(a) if the detainee is a sentenced offender—anyone involved in relation to the administration of the sentence;
(b) a lawyer representing the detainee;
(c) an official visitor;
(d) the human rights commissioner;
(e) the public advocate;
(f) the ombudsman;
(g) a person prescribed by regulation.
Note Territory laws apply to a delegate of a person in the exercise of a delegation as if the delegate were the person who appointed the delegate (see Legislation Act, s 239 (2)).
"accused"—see section 151.
"activity"—see the Crimes (Sentence Administration) Act 2005, dictionary.
"adjudicator " means a person who is appointed as an adjudicator under section 177.
"administrative penalty"—see section 151.
"administrator", in relation to a disciplinary breach—see section 151.
"admission", of a detainee to a correctional centre—see section 63.
"body search", of a detainee—see section 107.
"case management plan", for a detainee, means the detainee's case management plan maintained under section 78.
"charge"—see section 151.
"charge notice"—see section 151.
"conduct" means an act or omission.
"correctional centre" means a place declared to be a correctional centre under section 24.
"corrections dog" means a dog approved under the regulations to exercise functions as a corrections dog under this Act.
"corrections officer" means a person who is appointed as a corrections officer under section 19.
"corrections policy" means a corrections policy under section 14.
"corresponding chief executive", for part 12.2 (Interstate leave)—see section 206.
"corresponding corrections law"—see section 225.
"corresponding leave law", for part 12.2 (Interstate leave)—see section 206.
"court cell", for chapter 4 (Detention in police and court cells etc)—see section 29.
"detainee"—see section 6.
"detention period", for an offender's periodic detention—see the Crimes (Sentence Administration) Act 2005, section 41.
"disciplinary action"—see section 151.
"disciplinary breach"—see section 151.
"disciplinary charge"—see section 151.
"drug"—see section 132.
"engage in conduct" means—
(a) do an act; or
(b) omit to do an act.
"escape", for part 12.2 (Interstate leave)—see section 206.
"escort officer", in relation to a person, means—
(a) a police officer; or
(b) a corrections officer whose functions including escorting the person.
"family member", of a detainee, means any of the following:
(a) the detainee's domestic partner;
(b) a parent, step-parent or grandparent of the detainee;
(c) a child, step-child or grandchild of the detainee;
(d) a brother, sister, step-brother or step-sister of the detainee;
(e) a guardian or carer of the detainee.
"frisk search"—see section 107.
"full-time detainee"—see the Crimes (Sentence Administration) Act 2005, section 22 (1).
"health facility" means a hospital or other facility where health services are provided.
"health professional" means a health professional registered under the Health Professions Act 2004.
"health service"—see the Health Professionals Act 2004, section 15.
"hearing", for an inquiry—see section 151.
"inquiry"—see section 151.
"interstate detainee", for part 12.2 (Interstate leave)—see section 206.
"interstate escort officer"—see section 213.
"interstate leave permit"—see section 208.
"investigative segregation"—see section 151.
"investigator"—see section 151.
"investigator's report"—see section 151.
"law enforcement agency"—see the Spent Convictions Act 2000, dictionary.
"legally privileged—"a thing is legally privileged if client legal privilege attaches to the thing.
"local leave permit—"see section 205.
"mail" means postal mail.
"nonsmoking area", at a correctional centre—see section 86.
"offender"—see the Crimes (Sentence Administration) Act 2005, dictionary.
"official visitor " means a person who is appointed as an official visitor under section 57.
"operating procedure "means an operating procedure under section 14.
"ordinary search"—see section 107.
"participating State", for part 12.2 (Interstate leave)—see section 206.
"periodic detention", for an offender—see the Crimes (Sentence Administration) Act 2005, section 40.
"personal monitoring device"—see section 101.
"police cell", for 0 (Detention in police and court cells)—see section 29.
"positive", for a test sample for alcohol or a drug—see section 133.
"possession", of a thing, includes the following:
(a) receiving or obtaining possession of the thing;
(b) having control over the disposition of the thing (whether or not having custody of the thing);
(c) having joint possession of the thing.
"presiding officer"—
(a) for division 10.3.1 (Disciplinary action—with accused's consent)—see section 166; or
(b) for division 10.3.2 (Internal disciplinary inquiry)—see section 169; or
(c) for chapter 11 (Disciplinary inquiries)—see section 191.
"privilege", in relation to a detainee—see section 151.
"prohibited area", at a correctional centre—see section 85.
"prohibited thing" means a thing declared to be a prohibited thing under section 81.
"protected mail"—see section 104 (4).
"register of detainees" means the register kept under section 76.
"relevant presiding officer", for division 10.3.5 (Disciplinary action)—see section 182.
"remandee"—see the Crimes (Sentence Administration) Act 2005, dictionary.
"review officer", for division 10.3.3 (Internal review of inquiry decision)—see section 172.
"scanning search"—see section 107.
"security classification", for a detainee, means the detainee's security classification under section 80.
"segregation", of a detainee—see section 88.
"sentence—"see the Crimes (Sentence Administration) Act 2005, dictionary.
"separate confinement", of a detainee—see section 151.
"strip search", of a detainee—see section 107.
"test sample"—see section 132.
"visiting conditions", at a correctional centre, means conditions declared under section 143 (Visiting conditions) in relation to the centre.
"visitor", in relation to a correctional centre, includes a person wishing to enter the centre as a visitor.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 14 December 2006.
2 Notification
Notified under the Legislation Act on 18 June 2007.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
I certify that the above is a true copy of the Corrections Management Bill
2007, which originated in the Legislative Assembly as the Corrections Management
Bill 2006 and was passed by the Assembly on 31 May 2007.
Clerk of the Legislative Assembly
© Australian Capital Territory 2007