Australian Capital Territory Numbered Acts

CORRECTIONS MANAGEMENT ACT 2007 (NO. 15 OF 2007 ) - SECT 140

    (1)     The use of force under this part includes the use of restraints and weapons.

    (2)     The chief executive must ensure, as far as practicable, that the use of force involving a restraint or weapon is proportionate to the circumstances, and in particular that—

        (a)     the circumstances are sufficiently serious to justify the use; and

        (b)     the kind of restraint or weapon is appropriate in the circumstances; and

        (c)     the restraint or weapon is used appropriately in the circumstances.

    (3)     The chief executive must also ensure that restraints and weapons are only used under this part—

        (a)     by corrections officers trained to use them; and

        (b)     in accordance with a corrections policy or operating procedure that applies to their use.

    (4)     A health professional appointed under section 22 (Health professionals—non-therapeutic services) may administer a drug as a restraint, or direct the use of another form of restraint, if the health professional believes, on reasonable grounds, that is necessary and reasonable—

        (a)     to treat a detainee, particularly where the detainee's behaviour cannot be controlled otherwise; or

        (b)     to prevent a detainee inflicting self-harm, or harming someone else, particularly where other forms of restraint are unlikely to be effective; or

        (c)     to prevent the escape of a detainee, particularly while being transferred to or from a correctional centre or other place.

    (5)     The chief executive must ensure that firearms are not used under this part unless someone's life is under threat or a detainee or other person offers armed resistance to a corrections officer or police officer exercising a function under this Act or another Act.

    (6)     In applying force under this part, a corrections officer may use a restraint or weapon, including any of the following:

        (a)     body contact;

        (b)     handcuffs, restraint jackets and other restraining devices;

        (c)     riot control equipment;

        (d)     a chemical agent;

        (e)     a gas gun;

        (f)     a firearm;

        (g)     anything else prescribed by regulation.