Northern Territory Bills Northern Territory Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Serial
83
Correctional Services (Related and
Consequential Amendments) Bill 2014
Mr
Elferink
A Bill for an Act to amend various laws related to the Correctional Services Act
NORTHERN TERRITORY OF AUSTRALIA
CORRECTIONAL SERVICES (RELATED AND CONSEQUENTIAL AMENDMENTS) ACT 2014
____________________
Act No. [ ] of 2014
____________________
Table of provisions
Division 4A Correctional Services Act
14A Act modified
14B Modification of section 4 (Definitions)
14C Modification
of section 8 (Committal or remand into the custody of the
Commissioner)
51 Modification
of section 3
(Interpretation)
62 Modification
of section 5
(Interpretation)
119 Witness
who refuses to enter into recognisance may be committed into
custody
151 Effect
of warrant of
commitment
155 Person
in custody may be present at taking of
deposition
138B Assistance
from correctional
officers
60A Sentence
of imprisonment for escaping from lawful
custody
63A Effect
on term of imprisonment of absence from custodial correctional
facility
12A Use
of custodial correctional facility to accommodate sheriff's
detainees
13 Power
to convey arrested person to custodial correctional
facility
Division 3 Probation
and parole officers
10 Probation
and parole
officers
154 Use
of custodial correctional facility to temporarily accommodate
detainees
157A Assistance
to deal with or prevent emergency
157B Other
assistance from correctional
officers
167A Return
to
custody
215A Prosecutions
215B Civil
proceedings
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2014
____________________
An Act to amend various laws related to the Correctional Services Act
[Assented to [ ] 2014]
[Second reading [ ] 2014]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Correctional Services (Related and Consequential Amendments) Act 2014.
This Act commences on the day fixed by the Administrator by Gazette notice.
Part
2 Amendment of Criminal Records (Spent Convictions)
Act
3 Act
amended
This Part amends the Criminal Records (Spent Convictions) Act.
(1) Section 3(1), definitions supervising officer and surveillance officer
omit
(2) Section 3(1), definition criminal record, paragraph (h)
omit
prison
insert
custodial correctional facility
Section 15(a)
omit
all words after "appointment"
insert
or employment as a Judge, magistrate, justice of the peace or police officer;
(1) After section 15A(1)
insert
(1A) In addition, sections 11 and 13 do not apply in respect of a spent record in relation to an application to become one of the following:
(a) a correctional services officer;
(b) a public sector employee in the Agency administering the Correctional Services Act;
(c) an official visitor;
(d) a volunteer.
(2) Section 15A(2)
omit
subsection (1)
insert
this section
(3) Section 15A(2)
insert (in alphabetical order)
correctional services officer, see section 16 of the Correctional Services Act.
official visitor, see section 4 of the Correctional Services Act.
volunteer, see section 4 of the Correctional Services Act.
Part
3 Amendment of Cross-border Justice
Regulations
7 Regulations
amended
This Part amends the Cross-border Justice Regulations.
Regulation 8(2), definition officer in charge, paragraph (a)
omit
all words after "Territory"
insert
– the General Manager as defined in section 10 of the Correctional Services Act; or
9 Part 3, Division 4A inserted
After regulation 14
insert
Division 4A Correctional Services Act
This Division prescribes modifications to the Correctional Services Act.
14B Modification of section 4 (Definitions)
Section 4, definition probation and parole officer
omit, insert
probation and parole officer means:
(a) a person appointed as a probation and parole officer under section 25(1); or
(b) a community corrections officer of another participating jurisdiction.
14C Modification of section 8 (Committal or remand into the custody of the Commissioner)
After section 8(2)
insert
(3) A person is committed or remanded into the custody of the Commissioner if a custodial order of a participating jurisdiction is in force in relation to the person.
10 Part 3, Division 12 repealed
Part 3, Division 12
repeal
Regulation 51
repeal, insert
51 Modification of section 3 (Interpretation)
(1) Section 3(1), definitions custodial correctional facility, hospital and probation and parole officer
omit
(2) Section 3(1)
insert (in alphabetical order)
custodial correctional facility means:
(a) a custodial correctional facility as defined in section 11(1)(a) of the Correctional Services Act; or
(b) a prison in another participating jurisdiction under its cross-border laws.
hospital means:
(a) a hospital as defined in section 5 of the Medical Services Act; or
(b) an incorporated hospital as defined in section 3(1) of the Health Care Act 2008 (SA); or
(c) a public hospital as defined in section 2(1) of the Hospitals and Health Services Act 1927 (WA).
probation and parole officer means:
(a) a probation and parole officer as defined in section 4 of the Correctional Services Act; or
(b) a community corrections officer of another participating jurisdiction.
Regulation 62
repeal, insert
62 Modification of section 5 (Interpretation)
(1) Section 5(1), definitions custodial correctional facility and detention centre
omit
(2) Section 5(1)
insert (in alphabetical order)
custodial correctional facility means:
(a) a custodial correctional facility as defined in section 11(1)(a) of the Correctional Services Act; or
(b) a prison in another participating jurisdiction under its cross-border laws.
detention centre means:
(a) a youth detention centre approved under section 148; or
(b) a detention centre in another participating jurisdiction under its cross-border laws.
(1) Regulation 63, heading, after "Probation"
insert
and parole
(2) Regulation 63, after "probation"
insert
and parole
Part
4 Amendment of Justices
Act
14 Act
amended
This Part amends the Justices Act.
Section 4, definitions gaol and keeper of a gaol
omit
Section 60(2)(a)
omit, insert
(a) by warrant into the custody of the Commissioner of Correctional Services; or
Section 112(3)(b)
omit, insert
(b) either commit the defendant by warrant into the custody of the Commissioner of Correctional Services until the trial or grant the defendant bail under the Bail Act; and
Section 113(1) to (3)
omit, insert
(1) This section applies if the Justice conducting a preliminary examination adjourns the examination.
(2) The Justice may remand the defendant into the custody of the Commissioner of Correctional Services:
(a) if the remand is for a period of not more than 3 clear days – orally; or
(b) otherwise – by warrant.
(3) The period of remand cannot exceed 15 clear days unless both the prosecutor and the defendant consent.
Section 119
repeal, insert
119 Witness who refuses to enter into recognisance may be committed into custody
(1) This section applies if a witness refuses to enter into or acknowledge a recognisance required under section 117.
(2) The Justice conducting the preliminary examination may, by warrant, commit the witness into the custody of the Commissioner of Correctional Services until one of the following occurs:
(a) the witness enters into and acknowledges the recognisance before any Justice;
(b) the trial of the defendant ends.
(3) However, any Justice may order the release of the witness from custody if the defendant is brought before a Justice and that Justice does neither of the following in relation to the offence with which the defendant is charged:
(a) commit the defendant into custody;
(b) grant the defendant bail under the Bail Act.
(4) The Commissioner of Correctional Services must comply with an order for release made under subsection (3).
Section 136(1)(b)
omit, insert
(b) either commit the defendant by warrant into the custody of the Commissioner of Correctional Services, or grant the defendant bail under the Bail Act, until the defendant is required to appear for sentencing; and
Section 151
repeal, insert
151 Effect of warrant of commitment
A warrant of commitment commits the person named in the warrant into the custody of the Commissioner of Correctional Services.
Section 155
repeal, insert
155 Person in custody may be present at taking of deposition
(1) This section applies if a person held in the custody of the Commissioner of Correctional Services gives or receives a notice of an intention to take a statement under section 153.
(2) The Judge or Justice who committed the person into custody or another Justice may, by written notice, direct the Commissioner of Correctional Services to convey the person to a place for the purpose of being present at the taking of the statement.
(3) The Commissioner of Correctional Services must comply with a notice given under subsection (2) and pay all expenses associated with conveying the person in accordance with the notice.
Schedule 1 has effect.
Part
5 Amendment of Parole of Prisoners
Act
24 Act
amended
This Part amends the Parole of Prisoners Act.
Section 1
omit
of Prisoners
26 Sections 3P, 3Q and 4 repealed
Sections 3P, 3Q and 4
repeal
Schedule 2 has effect.
Part
6 Amendment of Police Administration
Act
28 Act
amended
This Part amends the Police Administration Act.
After section 138A, in Part VII, Division 6
insert
138B Assistance from correctional officers
(1) A correctional officer may assist a member in the exercise of powers or performance of functions under this Division.
(2) For the purpose of providing that assistance, the correctional officer may exercise the powers of a member.
(3) In this section:
correctional officer, see section 4 of the Correctional Services Act.
Section 144(5)
omit
gaol, lock-up, prison
insert
lock-up, custodial correctional facility (as defined in section 11(1)(a) of the Correctional Services Act)
Part
7 Amendment of Prisons (Arbitral Tribunal)
Act
31 Act
amended
This Part amends the Prisons (Arbitral Tribunal) Act.
Long title
omit
prison
insert
correctional
Section 1
omit
Prisons (Arbitral Tribunal)
insert
Correctional Officers Arbitral Tribunal
Schedule 3 has effect.
Part
8 Amendment of Sentencing
Act
35 Act
amended
This Part amends the Sentencing Act.
After section 60
insert
60A Sentence of imprisonment for escaping from lawful custody
(1) If an offender is sentenced to a term of imprisonment for escaping from lawful custody (the escape sentence):
(a) the escape sentence must be served at the end of all other sentences the offender is liable to serve; and
(b) if a non-parole period has been fixed in relation to one or all of the other sentences – the non-parole period is extended by the term of imprisonment under the escape sentence.
(2) However, if the offender is serving a life sentence and a non-parole period has not been fixed, and parole is granted on a review, the escape sentence must be served before the parole takes effect.
(3) If a court quashes the sentence of imprisonment that the offender was serving at the time of his or her escape, the court must make the orders it considers appropriate in relation to the escape sentence.
(1) Section 63(2) and (3)
omit, insert
(3) Where an offender serving a sentence of imprisonment is subject to an order made under section 23 of the Mental Health Act as in force before the commencement of the Mental Health and Related Services Act, the time that the offender is subject to the order or at the hospital counts in calculating the term to be served.
(2) Section 63(6)
omit
After section 63
insert
63A Effect on term of imprisonment of absence from custodial correctional facility
(1) This section applies in relation to an offender who is sentenced to a term of imprisonment and is absent from a custodial correctional facility for a period (the absence period).
(2) Any part of the absence period during which the offender is in the lawful custody of the Commissioner (as defined in section 9(1) of the Correctional Services Act) is the offender's lawful absence period.
(3) Any part of the absence period during which the offender is unlawfully absent (as defined in section 9(2) of the Correctional Services Act) is the offender's unlawful absence period.
(4) In calculating the term to be served:
(a) the offender's lawful absence period (if any) does count as time served; and
(b) the offender's unlawful absence period (if any) does not count as time served.
Schedule 4 has effect.
Part
9 Amendment of Sheriff
Act
40 Act
amended
This Part amends the Sheriff Act
Section 4
insert (in alphabetical order)
custodial correctional facility, see section 11(1)(a) of the Correctional Services Act.
Section 9(3)(c)
omit, insert
(c) receive any person who is committed to the custody of the sheriff and ensure the person is:
(i) accommodated at a custodial correctional facility in accordance with an arrangement under section 12A; or
(ii) detained at some other place; and
After section 12
insert
12A Use of custodial correctional facility to accommodate sheriff's detainees
(1) The sheriff may make such arrangements with the Commissioner of Correctional Services as are necessary and appropriate for accommodating persons who are in the custody of the sheriff at custodial correctional facilities.
(2) A person who is accommodated at a custodial correctional facility under such an arrangement is taken to remain in the custody of the sheriff.
(1) Section 13, heading
omit, insert
13 Power to convey arrested person to custodial correctional facility
(2) Section 13
omit
prison
insert
the custodial correctional facility
(1) Section 19, heading
omit
prisoners
insert
detainees
(2) Section 19(1)(a)(i)
omit
all words from "detained" to "him"
insert
who are then in the sheriff's custody
Section 22(2)
omit
all words after "of"
insert
a person from a custodial correctional facility.
Part
10 Amendment of Youth Justice
Act
47 Act
amended
This Part amends the Youth Justice Act.
48 Part 1, Division 3 replaced
Part 1, Division 3
repeal, insert
Division 3 Probation and parole officers
10 Probation and parole officers
(1) A person appointed as a probation and parole officer under the Correctional Services Act is a probation and parole officer for this Act.
(2) The Commissioner is also a probation and parole officer for this Act.
(3) The functions of a probation and parole officer include the following:
(a) preparing reports for the Court as required;
(b) supervising youths who are the subject of supervision under a non-custodial order;
(c) monitoring the compliance of a youth who is the subject of an alternative detention order with the terms and conditions of the order;
(d) other duties as directed by the Commissioner.
(4) A probation and parole officer may, at any time and without a warrant, enter premises or a place in or at which a youth is, in accordance with an alternative detention order, residing and:
(a) search those premises or any building at that place, or the youth, for the purposes of determining whether the youth is in breach of the order; or
(b) place, install, inspect or retrieve a monitoring device in or at those premises or that place.
(5) A probation and parole officer may, at any time, require a youth who is the subject of an alternative detention order to undergo such tests as the probation and parole officer considers appropriate to determine whether the youth is in breach of the order.
Section 154
repeal, insert
154 Use of custodial correctional facility to temporarily accommodate detainees
(1) This section applies if the superintendent of a detention centre considers it necessary to accommodate a detainee at a custodial correctional facility.
Examples for subsection (1)
1 Damage from a natural disaster leads to overcrowding at the detention centre.
2 In order to maintain order at the detention centre.
(2) The superintendent of the detention centre may request the Commissioner to accommodate the detainee at a custodial correctional facility for a maximum period of 72 hours.
(3) If necessary, the superintendent can apply to a magistrate for an order to extend the maximum period to 10 days.
(4) If the Commissioner agrees to accommodate the detainee at a custodial correctional facility, this Act applies:
(a) to the detainee as if he or she were a detainee at a detention centre; and
(b) to the General Manager of the custodial correctional facility as if he or she were the superintendent of a detention centre; and
(c) to the correctional officers employed at the custodial correctional facility as if they were members of the staff of a detention centre.
(5) A detainee accommodated in a custodial correctional facility must be kept separate from all prisoners at the facility, including youth prisoners.
(6) Unless there is no practical alternative, detainees under the age of 15 years must not be accommodated in a custodial correctional facility.
(1) Section 157(1)
omit
(1)
(2) Section 157(1)(b)
omit
Director
insert
Commissioner
(3) Section 157(2)
omit
51 Sections 157A and 157B inserted
After section 157
insert
157A Assistance to deal with or prevent emergency
(1) This section applies if the superintendent of a detention centre is satisfied that an emergency situation exists or there is a risk of an emergency situation arising.
(2) The superintendant may request assistance from:
(a) the Commissioner or the General Manager of a custodial correctional facility; or
(b) the Commissioner of Police.
(3) The recipient of the request may arrange for correctional officers or police officers to assist the superintendent in dealing with the emergency situation or preventing the emergency situation from arising.
(4) A correctional officer or police officer mentioned in subsection (3) is taken to have been delegated the superintendent's powers and functions under section 151(3)(c).
157B Other assistance from correctional officers
(1) The superintendant of a detention centre may request operational assistance from the Commissioner.
(2) On receipt of the request, the Commissioner may arrange for correctional officers to assist the superintendent.
(3) A correctional officer mentioned in subsection (2) is, for the purpose of providing the assistance, taken to be a member of the staff of the detention centre.
(1) Section 167, heading
omit
escaped
insert
unlawfully absent
(2) Section 167(1), after "escaped"
insert
, or is otherwise unlawfully absent,
After section 167
insert
The superintendent of a detention centre or a member of the staff of the centre who arrests a detainee under section 167(1) must, as soon as practicable, take the detainee (or arrange for the detainee to be taken) to:
(a) the detention centre; or
(b) another appropriate place.
Examples for section 167A(b)
1 A police station (if it is not practicable to immediately return the detainee to the detention centre).
2 A health care facility (if the detainee is sick or injured).
(1) Section 215(1)(a)
omit
Director
insert
Commissioner
(2) Section 215(1)(c) and (d)
omit, insert
(c) a probation and parole officer; or
(3) Section 215(4)
omit
55 Sections 215A and 215B inserted
After section 215
insert
(1) Proceedings for an offence against this Act may be started only by:
(a) the Commissioner; or
(b) a person authorised by the Minister.
(2) The proceedings must be started within 6 months after the date on which the Commissioner first became aware of the commission of the offence.
(1) Civil proceedings in relation to an act done or omitted to be done by a person under this Act must be started within 6 months after the act was done or omitted to be done.
(2) However, subsection (1) does not prevent a court exercising its jurisdiction under section 44 of the Limitation Act.
Schedule 5 has effect.
Part
11 Amendment of other
laws
57 Other
laws amended
Schedule 6 amends the laws mentioned in it.
Part 12 Expiry
of
Act
58 Expiry
of Act
This Act expires on the day after it commences.
Schedule 1 Justices Act further amended
section 23
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
section 26, heading
|
to gaol
|
into custody
|
|
sections 26 and 26A(2)
|
him to the nearest gaol
|
the person into the custody of the Commissioner of
Correctional Services
|
|
section 33(1)
|
in gaol before the keeper of the
gaol keeper of a gaol
|
in a custodial correctional facility before the
General Manager (as defined in section 10 of the Correctional Services
Act,
General Manager
|
|
section 33B
|
to a gaol
|
into the custody of the Commissioner of Correctional
Services
|
|
section 63A(4)
|
keeper of the gaol where the defendant is being
held
keeper
|
Commissioner of Correctional
Services Commissioner
|
|
sections 65(4) and 115
|
any keeper of the gaol or
|
the Commissioner of Correctional Services or
any
|
|
section 170(1A)
|
to gaol
|
into the custody of the Commissioner of Correctional
Services
|
Schedule 2 Parole of Prisoners Act further amended
section 27
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
section 3(1), definitions approved voice
recognition system, parole officer and
prison
|
whole definition
|
|
|
section 3(1)
|
|
(in alphabetical
order)
prisoner, see section 6 of the Correctional Services Act. probation and parole officer, see
section 4 of the Correctional Services Act.
|
|
section 3(1), definition approved monitoring
device
|
5 of the Prisons (Correctional
Services)
|
164 of the Correctional Services
|
|
section 3(1), definition the parole
period
|
has been released from prison on parole in pursuance
of
|
is released from the custody of the Commissioner of
Correctional Services on parole under
|
|
section 3(1), definition the parole
period, paragraph (a)
|
prison
|
custody
|
|
sections 3B(1)(b) and 3EB(1)(b) and
(2)(b)
|
Director
|
Commissioner
|
|
section 3FA, heading
|
Director
|
Commissioner
|
|
section 3FA(1)
|
Director
(all references) Director's
|
Commissioner Commissioner's
|
|
section 3J, heading, before
"parole"
|
|
probation and
|
|
section 3J(1) and (2), before
"parole"
(all references) |
|
probation and
|
|
Part 2, Division 2, heading
|
Parole
|
Probation and parole
|
|
section 3R, heading, before
"parole"
|
|
probation and
|
|
section 3R and 3R(aa), before "parole
officer"
|
|
probation and
|
|
section 3R(ea)
|
whole paragraph
|
|
|
section 5(2)
|
prison
|
the custody of the Commissioner of Correctional
Services
|
|
section 5(3)
|
prison
|
a custodial correctional facility (as defined in
section 11(1)(a) of the Correctional Services Act)
|
|
section 5(5C)(b)(i)
|
voice recognition system
|
monitoring device
|
|
section 5(5C)(b)(ii)
|
a parole
system
|
a probation and parole
device
|
|
sections 5(8B) and 7
|
to prison
|
into the custody of the Commissioner of Correctional
Services
|
|
section 8(1)(a)
|
to a prison, lock-up or other place of custody there
to be kept
|
into the custody of the Commissioner of Correctional
Services
|
|
section 15(b)
|
the Prisons (Correctional Services) Act or
another
|
a
|
Schedule 3 Prisons (Arbitral Tribunal) Act further amended
section 34
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
section 5
|
Prisons (Correctional Services)
|
Correctional Services
|
|
Part IIA, heading
|
The Prison
|
Correctional
|
|
section 11A, heading
|
Prison
|
Correctional
|
|
section 11A(1)
|
Prison
of officers
|
Correctional
of correctional officers
|
|
section 11A(1)(d)
|
Director
(all references) prison officer authorized
|
Commissioner correctional officer authorised
|
|
section 11A(1)(k)
|
prison
|
custodial correctional facility
|
|
section 11A(3B)(a)
|
prison
|
correctional
|
|
section 11A(3B)(b)
|
officers other than senior prison
|
correctional officers other than senior
correctional
|
|
section 11D(1)(a) and (5)(a)
|
prison
|
correctional
|
|
section 11D(1)(b) and (5)(b)
|
officers other than senior prison
|
correctional officers other than senior correctional
|
|
section 11G
|
prison
(all references) |
correctional
|
|
section 11S, definition senior prison
officer
|
whole definition
|
|
|
section 11S
|
|
(in alphabetical
order)
senior correctional officer means a correctional officer who is a superintendent, deputy superintendent or chief correctional officer. |
|
section 11S, definition the
Tribunal
|
Prison
|
Correctional
|
Schedule 4 Sentencing Act further amended
section 39
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
section 3(1), definitions approved voice
recognition system, Director, prison,
probation officer, supervising officer and
surveillance officer
|
whole definition
|
|
|
section 3(1)
|
|
(in alphabetical
order)
Commissioner means the Commissioner of Correctional Services. custodial correctional facility, see
section 11(1)(a) of the Correctional Services Act.
probation and parole officer, see
section 4 of the Correctional Services Act.
|
|
section 3(1), definition approved monitoring
device
|
5 of the Prisons (Correctional
Services)
|
164 of the Correctional Services
|
|
section 3(1), definition approved
project
|
all words after "by"
|
the Commissioner under the Correctional Services
Act.
|
|
sections 3(1), definition pre-sentence
report, 34(2)(b), (4)(b) and (5) and 35(1)(a) and (b) and
(2)
|
Director
(all references) |
Commissioner
|
|
section 37(1)(a) and (d), after
"probation"
|
|
and parole
|
|
section 37(1)(c)
|
officer or supervising
|
and parole
|
|
section 38(1) to (3)
|
Director
|
Commissioner
|
|
section 39(1)(d)
|
officer or supervising
|
and parole
|
|
section 39(5), after "probation"
|
|
and parole
|
|
section 39C, heading
|
Director
|
Commissioner
|
|
section 39C
|
Director
|
Commissioner
|
|
section 39E(1)(b) to (d), (e)(ii) and (f)(ii), after
"probation"
(all references) |
|
and parole
|
|
section 39E(1)(e)(i)
|
voice recognition system
|
monitoring device
|
|
section 39E(1)(e)(ii)
|
system
|
device
|
|
sections 39E(1)(f)(ii), (2) and (3) and (3)(b),
39F(1)(a) and (b)(ii) and 39G(1)
|
Director
|
Commissioner
|
|
section 39J, heading
|
Director
|
Commissioner
|
|
sections 39J(1) and 39K(1)
|
Director
(all references) |
Commissioner
|
|
section 39L, heading
|
Director
|
Commissioner
|
|
sections 39L(1), (2)(b), (3), (4) and (5)(c) and
39N(8)(c)
|
Director
|
Commissioner
|
|
section 39P(a)
|
or approved voice recognition system
|
|
|
section 39P(b)
|
surveillance
|
probation and parole
|
|
section 39R(1)
|
Director
(all references) |
Commissioner
|
|
section 44(3)(a)
|
Director or a surveillance
|
Commissioner or a probation and parole
|
|
sections 44(3)(b) and (c) and (6)(b), 45(1)(a), (1A)
and (2) and 47(1) to (3) and (4)(b)
|
Director
(all references) |
Commissioner
|
|
section 48(1)(d) and (f) and (8)(b)
|
surveillance
|
probation and parole
|
|
section 48C, heading
|
Director
|
Commissioner
|
|
section 48C
|
Director
|
Commissioner
|
|
section 48E(1)(c) to (f) and (g)(ii) and (2), after
"probation"
|
|
and parole
|
|
section 48E(1)(g)(i)
|
voice recognition system
|
monitoring device
|
|
section 48E(1)(g)(ii)
|
system
|
device
|
|
section 48E(1)(h)(ii)
|
Director and probation
|
Commissioner and probation and parole
|
|
section 48E(2)(b), (3), (4), (6) and
(7)
|
Director
(all references) |
Commissioner
|
|
section 48G, heading
|
Director
|
Commissioner
|
|
sections 48G(1) and 48H(1)
|
Director
(all references) |
Commissioner
|
|
section 48J, heading
|
Director
|
Commissioner
|
|
section 48J(1), (2)(b), (3), (4) and
(5)(c)
|
Director
|
Commissioner
|
|
section 48N(a)
|
or approved voice recognition system
|
|
|
section 48N(b)
|
surveillance
|
probation and parole
|
|
section 48Q(1)
|
Director
(all references) |
Commissioner
|
|
section 53A(3)(a), after "correctional services
officer"
|
|
(as defined in section 16 of the
Correctional Services Act)
|
|
section 56(1) and (3)
|
Director
|
Commissioner
|
|
section 64(1)(a) and (b)(i) to (iii) and (4),
definition chairperson
|
of Prisoners
|
|
|
section 64(2)(a) and (b)
|
prison
|
a custodial correctional facility
|
|
section 65(9)(c) and (11)
|
prison
|
custodial correctional facility
|
|
sections 78K(2), 78L(a) and (d) to (f) and 78M(1) to
(4)
|
Director
(all references) |
Commissioner
|
|
section 80(3)(d), (6)(c) and (11)
|
prison
|
custodial correctional facility
|
|
section 103(1), after "probation"
|
|
and parole
|
|
sections 103(1) and 108(4)
|
Director
|
Commissioner
|
|
section 108(4)
|
prison
|
custodial correctional centre (as defined in
section 11(1)(a)of the Correctional Services Act)
|
|
section 114(7) and (10)
|
to prison
|
into the custody of the Commissioner
|
|
section 115(1)(b)
|
of Prisoners
|
|
|
section 115(2)(b) and (10)
|
Prisons (Correctional Services)
|
Correctional Services
|
|
section 115(5) and (10)
|
to prison
|
into the custody of the Commissioner
|
|
section 116(b)
|
prison
|
the custody of the Commissioner
|
Schedule 5 Youth Justice Act further amended
section 56
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
section 5(1), definitions Director,
prison, probation officer and surveillance
officer
|
whole definition
|
|
|
section 5(1)
|
|
(in alphabetical
order)
Commissioner means the Commissioner of Correctional Services. correctional officer, see section 4 of
the Correctional Services Act.
custodial correctional facility, see
section 11(1)(a) of the Correctional Services Act.
probation and parole officer means a
person who is a probation and parole officer under section 10.
|
|
sections 14(3) and 35(4), after
"probation"
|
|
and parole
|
|
section 65(2)
|
prison
|
custodial correctional facility
|
|
sections 86(3) and 91(2)(d) and (4)(c)
|
Director
(all references) |
Commissioner
|
|
section 94(1)(c) and (2), after
"probation"
|
|
and parole
|
|
section 94(4)(c), (5) and (6)
|
Director
|
Commissioner
|
|
sections 95(1)(a) to (d) and 96(1)(d), after
"probation"
|
|
and parole
|
|
section 97, heading
|
Committee
|
Commissioner
|
|
section 97(1)
|
all words from "A" to "Act"
|
The Commissioner
|
|
sections 98A(2)(c), 101(2) to (4) and 102(1)(b) and
(c)
|
Director
(all references) |
Commissioner
|
|
section 102(1)(a)
|
Director or a surveillance
|
Commissioner or a probation and parole
|
|
section 103(2)(c)
|
Director
|
Commissioner
|
|
sections 105(1) and (2), 106(1), 107(1) and
108(1)(a)
|
surveillance
|
probation and parole
|
|
section 108(4)
|
Director
|
Commissioner
|
|
section 110(d) and (f)
|
surveillance
|
probation and parole
|
|
section 112(2)
|
Director
|
Commissioner
|
|
sections 113(c) and (d) and 114(1)(a), (c) and
(d)
|
prison
|
custodial correctional facility
|
|
section 114(1)(e)
|
Director
prison
|
Commissioner
custodial correctional facility
|
|
section 115(2)(c)
|
Director
|
Commissioner
|
|
section 119, heading
|
Director
|
Commissioner
|
|
section 119(1), (1)(c), (3) and (5)
|
Director
|
Commissioner
|
|
section 120(1)
|
a prison or prison
|
a custodial correctional facility
or facility
|
|
sections 121(2) and 123(2)(c)
|
Director
|
Commissioner
|
|
section 131(1)(a) and (b)(ii) and (iii) and (4),
definition chairperson
|
of Prisoners
|
|
|
section 131(1)(b)(i)
|
or Prisoners
|
|
|
section 132, heading
|
of Prisoners
|
|
|
section 132
|
of Prisoners
|
|
|
section 137(2)(b)(iv)
|
prison
|
custodial correctional facility
|
|
sections 142(1), (7) and (8), 143(3)(b), 151(1),
153(5), 158(3), 159(3) and 160(4)
|
Director
|
Commissioner
|
|
section 164(1) and (2)
|
prison
|
custodial correctional facility
|
|
sections 164(4), (5) and (5)(b), 165(b)(iv), 170(3),
175(2)(b) and 176(2) and (4)
|
Director
(all references) |
Commissioner
|
|
section 177, heading
|
Director
|
Commissioner
|
|
sections 177(1)(c) and (2), 178(a) and 180(1) to
(3)
|
Director
(all references) |
Commissioner
|
|
section 181, definition
detainee
|
the subject of a direction given under
section 21 of the Prisons (Correctional Services)
|
who has been transferred to a detention centre under
section 64 of the Correctional Services
|
|
section 200(1)(c) and (d)
|
whole paragraph
|
(c) a probation and parole officer.
|
|
section 201(1)
|
, probation officer or surveillance
|
or probation and parole
|
|
sections 201(2), definition authorised person
and 206(2)(a)
|
Director
|
Commissioner
|
|
section 216, heading
|
Director
|
Commissioner
|
|
section 216
|
Director
|
Commissioner
|
|
section 217(2)(h)(i) and (iii)
|
probation officers and
|
|
|
section 217(2)(i)
|
whole paragraph
|
(i) alternative detention orders, including
regulating the conduct of youths who are subject to the orders;
|
|
section 217(2)(l)
|
Regulations.
|
Regulations;
|
|
after section 217(2)(l)
|
|
(m) probation and parole officers,
including:
(i) prescribing the duties of the officers;
and
(ii) providing for the health and safety of the
officers.
|
|
section 217(3)
|
Director
|
Commissioner
|
section 57
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
Absconding Debtors Act
|
||
|
section 11(3)
|
all words from "any" to "police prison"
|
a General Manager (as defined in section 10 of the
Correctional Services Act,
|
|
section 16(f)
|
to prison
|
into the custody of the Commissioner of Correctional
Services
|
|
Associations Act
|
||
|
section 30(2) and (3)
|
prison
|
custody
|
|
Bail Act
|
||
|
section 3(1), definitions approved voice
recognition system and surveillance officer
|
whole definition
|
|
|
section 3(1)
|
|
(in alphabetical
order)
probation and parole officer, see section 4 of the Correctional Services Act. |
|
section 3(1), definitions appeal,
paragraph (c), and offence, paragraph (a) and
(2)(e)
|
of Prisoners
|
|
|
section 3(1), definition approved
monitoring device
|
5 of the Prisons (Correctional
Services)
|
164 of the Correctional Services
|
|
section 15(c)
|
to prison
|
into the custody of the Commissioner of Correctional
Services
|
|
section 26(e)
|
whole paragraph
|
(e) the Commissioner of Correctional
Services.
|
|
section 27A(1)(ib)(i)
|
approved voice recognition system
|
approved monitoring device
|
|
section 27A(1)(ib)(ii)
|
surveillance
system
|
probation and parole
device
|
|
section 27B(2)
|
Part 27, Division 1 of the Prisons (Correctional
Services)
|
Part 4.1 of the Correctional
Services
|
|
section 27B, note
|
Part 27, Division 1 of the Prisons (Correctional
Services)
surveillance
|
Part 4.1 of the Correctional
Services probation and parole
|
|
section 28(3)
|
Director
|
Commissioner
|
|
sections 31(4), 36(4) and (5) and
38(3)(b)
|
to prison
|
into the custody of the Commissioner of Correctional
Services
|
|
section 53(2)(c)
|
prison or any other
|
any
|
|
Births, Deaths and Marriages Registration
Act
|
||
|
section 12(5)
|
all words from "a prison" to
"Act,"
prison or police
prison
(all references) |
a custodial correctional facility
custodial correctional facility
|
|
section 12(6)
|
|
(in alphabetical
order)
custodial correctional facility, see section 11(1)(a) of the Correctional Services Act. |
|
section 12(6), definition responsible
person, paragraph (b)
|
prison or
(all references) |
|
|
section 12(6), definition responsible
person, after paragraph (b)
|
|
(ba) for a child born in a custodial correctional
facility – the Commissioner of Correctional Services; or
|
|
section 27A(2)
|
all words from "Director" to
"Act)"
|
Commissioner of Correctional Services
|
|
Care and Protection of Children
Act
|
||
|
section 57(6), definition safe place,
paragraph (b)
|
prison
|
custodial correctional facility (as defined in
section 11(1)(a) of the Correctional Services Act)
|
|
Child Protection (Offender Reporting and
Registration) Act
|
||
|
section 3, definition
parole
|
of Prisoners
|
|
|
section 3, definition
prisoner
|
5 of the Prisons (Correctional
Services)
|
6 of the Correctional Services
|
|
section 3, definition strict
supervision, paragraph (a)
|
Director
|
Commissioner
|
|
Child Protection (Offender Reporting and
Registration) Regulations
|
||
|
regulation 4(2)
|
all words from "Director" to
"Act)"
|
Commissioner of Correctional Services
|
|
regulation 9(a)
|
all words from "an" to "Act"
|
a correctional officer (as defined in section 4
of the Correctional Services Act)
|
|
Constitutional Convention (Election)
Act
|
||
|
section 44(2)(a)(vi)
|
of being a prisoner
|
the person is in the custody of the Commissioner of
Correctional Services
|
|
Co-operatives Act
|
||
|
section 209(1)(b) and (3)
|
prison
(all references) |
custody
|
|
Co-operatives Regulations
|
||
|
regulation 10(a)
|
whole paragraph
|
(a) the Commissioner of Correctional
Services;
|
|
Coroners Act
|
||
|
section 12(1), definition person held in
custody, paragraph (a)(iii)
|
whole subparagraph
|
(iii) the Commissioner of Correctional Services;
or
|
|
section 12(1), definition person held in
custody, paragraph (b)(i)
|
whole subparagraph
|
(i) a custodial correctional facility (as defined in
section 11(1)(a) of the Correctional Services Act); or
|
|
Criminal Code
|
||
|
section 1
|
|
(in alphabetical
order)
custodial correctional facility, see section 11(1)(a) of the Correctional Services Act. prisoner, see section 6 of the
Correctional Services Act.
|
|
section 28(c)
|
a prison
officer the prison officer
|
a correctional officer (as defined in section 4
of the Correctional Services Act)
the officer
|
|
section 43A, definition
prison
|
whole definition
|
|
|
section 43A, definition appropriate
person, paragraph (d)
|
prison
parole officer within the meaning of the Parole of Prisoners Act |
custodial correctional facility
probation and parole officer under the Parole
Act
|
|
sections 43I(3)(b) and (3A), 43O(b), 43R(5)(b) and
(6), 43Y(1)(b) and (2), 43ZA(1)(a)(i) and (2), 43ZD(3B) and (3C), 43ZE(3B) and
(3C), 43ZF(2)(b) and 43ZG(5B)(a) and (5C)
|
prison
|
custodial correctional facility
|
|
section 110
|
to prison
|
into the custody of the Commissioner of Correctional
Services
|
|
section 111(b)
|
all words from "a prison" to
"Act"
|
a custodial correctional facility
|
|
section 113
|
an officer of a prison
|
a correctional services officer (as defined in
section 16 of the Correctional Services Act)
|
|
section 115(a)
|
prison
|
custodial correctional facility
|
|
section 128(3)(d)
|
a correctional services
|
an
|
|
sections 174G(b) and 208E(a)
|
prison
|
correctional services
|
|
sections 301(2) and 408(2)
|
to prison
|
into the custody of the Commissioner of Correctional
Services
|
|
section 425(1) and (4)
|
laws relating to prisons
|
Correctional Services Act
|
|
section 425(3) and (4)
|
prison
|
a custodial correctional facility
|
|
section 426(3)
|
superintendents of prisons
superintendent of every prison
|
the Commissioner of Correctional
Services
Commissioner of Correctional Services
|
|
Cross-border Justice Act
|
||
|
section 7(1), definition bring up
order, paragraph (a)(i)
|
whole subparagraph
|
|
|
section 7(1), definition community corrections
officer, paragraph (a)(i) and (ii)
|
whole subparagraph
|
(i) a probation and parole officer as defined in
section 4 of the Correctional Services Act; or
|
|
section 7(1), definition juvenile justice
order, paragraph (a)
|
officer or surveillance
|
and parole
|
|
section 7(1), definition prison,
paragraph (a)
|
all words from "prison" to
"Services)"
|
custodial correctional facility as defined in
section 11(1)(a) of the Correctional Services
|
|
section 105, heading
|
Prisons (Correctional
Services)
|
Correctional Services
|
|
section 105
|
Prisons (Correctional Services)
|
Correctional Services
|
|
section 113, heading
|
Prisons (Correctional
Services)
|
Correctional Services
|
|
section 113
|
Prisons (Correctional Services)
|
Correctional Services
|
|
Electoral Act
|
|
|
|
section 60(2)(f)
|
of being a prisoner
|
the person is in the custody of the Commissioner of
Correctional Services
|
|
Fines and Penalties (Recovery)
Act
|
||
|
section 5
|
|
(in alphabetical
order)
custodial correctional facility, see section 11(1)(a) of the Correctional Services Act. |
|
section 76(2)
|
all words after "by"
|
the Commissioner of Correctional
Services.
|
|
sections 78(3)(b), 79(1), (2) and (3), 82(3) and
84(1) and (2)
|
Director
(all references) |
Commissioner
|
|
section 86(1)
|
to prison
|
into the custody of the Commissioner of Correctional
Services
|
|
section 92(1)
|
to
prison officer in charge of the prison or a person
authorised by that officer
|
into the custody of the Commissioner of Correctional
Services
Commissioner of Correctional Services or a person
authorised by the Commissioner
|
|
section 94
|
to a prison
|
into the custody of the Commissioner of Correctional
Services
|
|
|
the prison
|
the custody of the Commissioner
|
|
section 98(1)(d)
|
Director
|
Commissioner
|
|
section 98(1)(e)
|
to a prison
|
into the custody of the Commissioner of Correctional
Services
|
|
section 118, heading
|
prison
|
custody
|
|
section 118
|
prisoner
(all references) prison
|
person custody
|
|
section 121(5)
|
Director
|
Commissioner
|
|
Fines and Penalties (Recovery)
Regulations
|
||
|
Schedule 5, Form 7
|
Director
|
Commissioner
|
|
Schedule 5, Form 7, Affidavit of
Service
|
to prison
|
into the custody of the Commissioner of Correctional
Services
|
|
Schedule 5, Form 9
|
MEMBERS OF THE NORTHERN TERRITORY POLICE FORCE;
and THE OFFICER IN CHARGE OF EACH PRISON
YOU the said members
prison Officer in Charge there YOU the said Officer in Charge are
to your
|
NORTHERN TERRITORY POLICE OFFICERS and THE
COMMISSIONER OF CORRECTIONAL SERVICES
Northern Territory Police
Officers
custodial correctional facility
General Manager of the facility
The Commissioner of Correctional Services
must
the Commissioner's
|
|
Firearms Act
|
||
|
section 4(4)(f)
|
whole paragraph
|
(f) a correctional officer (as defined in
section 4 of the Correctional Services Act);
|
|
Information Act
|
||
|
section 54(d)
|
prison, police prison
|
custodial correctional facility (as defined in
section 11(1)(a) of the Correctional Services Act)
|
|
Interpretation Act
|
||
|
section 17
|
|
(in alphabetical
order)
Commissioner of Correctional Services means the person holding or occupying the office of Commissioner of Correctional Services mentioned in section 17 of the Correctional Services Act. |
|
section 17, definition committed for
trial, paragraph (a)
|
to prison
|
into the custody of the Commissioner of Correctional
Services
|
|
Juries Act
|
||
|
section 10(1)(a)
|
prison
|
the custody of the Commissioner of Correctional
Services
|
|
section 37(2A)
|
or the prisoner or his
|
, the defendant or the defendant's
|
|
Schedule 7
|
of Prisoners
(first and second references) a parole officer within the meaning of the Parole
of Prisoners Act
an officer within the meaning of the Prisons
(Correctional Services) Act prisons and
|
a correctional services officer (as defined in
section 4 of the Correctional Services Act)
|
|
Kava Management Act
|
||
|
section 77(1)(a)
|
prison
|
the custody of the Commissioner of Correctional
Services
|
|
Legal Profession Act
|
||
|
section 571(a)(iv)
|
prison
|
the custody of the Commissioner of Correctional
Services
|
|
Liquor Regulations
|
||
|
regulation 5B(c)
|
|
of Prisoners
|
|
Local Government (Electoral)
Regulations
|
||
|
regulation 25(2)(a)(v)
|
a prisoner
|
in the custody of the Commissioner of Correctional
Services
|
|
Medicines, Poisons and Therapeutic Goods
Act
|
||
|
section 252, example
|
all words after "a"
|
custodial correctional facility as defined in
section 11(1)(a) of the Correctional Services Act.
|
|
Mental Health and Related Services
Act
|
||
|
section 4, definition prison
officer
|
whole definition
|
|
|
section 4
|
|
(in alphabetical
order)
custodial correctional facility, see section 11(1)(a) of the Correctional Services Act. |
|
section 4, definition
community
|
all words after "a"
|
custodial correctional facility.
|
|
section 4, definition
prisoner
|
5 of the Prisons (Correctional
Services)
|
6 of the Correctional Services
|
|
section 19(1)(e)
|
Director
|
Commissioner
|
|
section 45(2)(b)
|
Director
prison
|
Commissioner
custodial correctional facility
|
|
section 75(7)(d)
|
prison
|
custodial correctional facility
|
|
section 79(2)
|
visiting medical officer, the Director
|
medical practitioner, the Commissioner
|
|
section 79(4)(a)
|
prison
|
custodial correctional facility
|
|
section 79(4)(b)
|
Director
|
Commissioner
|
|
section 79(5)
|
whole subsection
|
|
|
section 80(2)(a) and (b)
|
prison
|
custodial correctional facility
|
|
section 80(4)
|
Director
|
Commissioner
|
|
section 80A(3)
|
prison
|
custodial correctional facility
|
|
sections 80A(6) and 81(4)
|
Director
|
Commissioner
|
|
section 82, heading
|
Director
|
Commissioner
|
|
section 82(1) and (2)
|
Director
|
Commissioner
|
|
section 82(1)(a)
|
prison
|
custodial correctional facility
|
|
section 83A(2)
|
prison officer
|
correctional officer (as defined in section 4
of the Correctional Services Act)
|
|
section 85(2)
|
prison
|
the custody of the Commissioner of Correctional
Services
|
|
section 86
|
Director
|
Commissioner
|
|
Misuse of Drugs Act
|
||
|
section 11T(7)
|
to gaol
|
into the custody of the Commissioner of Correctional
Services
|
|
section 37(1), definition aggravating
circumstance, paragraph (b)
|
all words after "involving"
|
a custodial correctional facility (as defined in
section 11(1)(a) of the Correctional Services Act) or a
prisoner (as defined in section 6 of the Correctional Services Act);
or
|
|
Motor Vehicles Act
|
||
|
sections 25L(4) and 25Q(3)
|
Director
|
Commissioner
|
|
Ombudsman Act
|
||
|
section 4, definition
prisoner
|
whole definition
|
prisoner, see section 6 of the
Correctional Services Act.
|
|
section 16(1)(h)
|
of Prisoners
|
|
|
Parole Orders (Transfer)
Act
|
||
|
section 3, definitions Parole Board
and parole order
|
of Prisoners
|
|
|
section 3, definition sentence of
imprisonment
|
prison
|
custodial correctional facility under the
Correctional Services Act, a detention centre under the Youth Justice
Act or any other detention facility however described
|
|
Prisoners (Interstate Transfer)
Act
|
||
|
section 3(1), definitions gaoler,
prison, prison officer and remission
provisions
|
whole definition
|
|
|
section 3(1)
|
|
(in alphabetical
order)
prison means: (a) in the Territory – a custodial
correctional facility (as defined in section 11(1)(a) of the Correctional
Services Act); or
(b) in a participating State or another Territory
– a prison or other correctional facility (however
described).
prison officer means:
(a) in the Territory – a correctional services
officer (as defined in section 16 of the Correctional Services Act);
or
(b) in a participating State or another Territory
– a prison officer (however described).
|
|
sections 12(1) and 14(2)
|
gaoler
|
person in charge
|
|
section 15(a)
|
gaoler to whom it is directed shall or member of the Police Force
|
Commissioner of Correctional Services
must
|
|
section 15(b)
|
shall
(all references) gaoler
|
must Commissioner of Correctional Services
|
|
section 21(3)(a)
|
whole paragraph
|
|
|
section 22(1)(a)
|
all words from "shall direct" to
"into" shall be
gaoler
|
must direct the Commissioner of Correctional
Services to deliver the prisoner who is the subject of the order
into
is
Commissioner
|
|
section 22(1)(b)
|
authorizes
gaoler
|
authorises
person in charge
|
|
section 22(3)
|
gaoler
|
Commissioner of Correctional Services
|
|
section 24(1)(c)
|
remissions and
|
|
|
section 26(6) and (7)
|
whole subsection
|
(6) A person who is subject to a translated sentence
and who, prior to being transferred to the Territory, served a period of the
translated sentence in a participating State (including a period deemed to have
been served in a participating State under the provision of an interstate law
that corresponds to this subsection and a period spent in custody while being
transferred to a prison in the Territory) is deemed to have served that period
of the translated sentence in the Territory.
|
|
section 27(1)
|
all words from "gaoler of" to
"imprisoned"
|
Commissioner of Correctional Services
|
|
section 27(1)(b)
|
gaoler
|
Commissioner
|
|
section 29(1)(a)
|
gaoler
|
person in charge of the prison
|
|
section 29(1)(b)
|
any gaoler is authorized
|
the Commissioner is authorised
|
|
section 29(1)(b)(ii)
|
gaoler
|
Commissioner
|
|
section 29(2)
|
a gaoler
the gaoler is authorized
|
the Commissioner
the Commissioner is authorised
|
|
section 31(3)
|
whole subsection
|
|
|
section 31(4)
|
to (3)
|
and (2)
|
|
Prisoners (Interstate Transfer)
Regulations
|
||
|
regulation 3(1), definitions
Commissioner, Director and parole
officer
|
whole definition
|
|
|
regulation 3(1)
|
|
(in alphabetical
order)
probation and parole officer, see section 4 of the Correctional Services Act. |
|
regulation 3(1), definitions non-parole
period and Parole Board
|
of Prisoners
|
|
|
regulation 4(2)
|
all words after "through"
|
the Commissioner of Correctional
Services.
|
|
regulation 4(3)
|
all words from "A" to "shall"
|
After receiving a prisoner's request, the
Commissioner of Correctional Services must
|
|
regulation 4(3)(a)
|
current
by remission
|
|
|
regulation 4(3)(c)
|
parole
Director
|
probation and parole
Commissioner
|
|
regulation 4(3)(d)
|
whole paragraph
|
(d) forward the request to the Minister for
consideration.
|
|
regulations 6(1) and 10(a)
|
Director
(all references) |
Commissioner of Correctional Services
|
|
regulation 10(b), after "Commissioner"
|
|
of Police
|
|
regulations 13(3) and 14(1)(a)
|
Director
|
Commissioner of Correctional Services
|
|
regulation 15
|
gaoler
|
person in charge
|
|
regulations 17 and 20(b), after
"Commissioner"
|
|
of Police
|
|
regulation 22(1)(c)
|
all words after "through"
|
the Commissioner of Correctional
Services.
|
|
regulation 24, after "Commissioner"
|
|
of Police
|
|
regulation 26
|
Director
(first reference) Director
(second reference) |
Commissioner of Correctional Services
Commissioner
|
|
regulation 27(c)
|
whole paragraph
|
(c) forwarded to the Commissioner of Correctional
Services; and
|
|
regulation 28
|
a gaoler of a prison the gaoler
(all references) |
the Commissioner of Correctional
Services
the Commissioner
|
|
regulation 30(b)(i)
|
Director
|
Commissioner of Correctional Services
|
|
regulation 30(b)(iii)
|
whole subparagraph
|
(iii) probation and parole officer.
|
|
regulation 31(1) and (2)(a)
|
gaoler of the prison
|
Commissioner of Correctional Services
|
|
regulation 31(1)(a)
|
gaoler
|
Commissioner
|
|
regulation 31(3)(a)
|
whole paragraph
|
(a) the Commissioner of Correctional Services;
or
|
|
regulation 31(3)(b)
|
that gaol that gaoler
|
the prison in which the person is
detained
the Commissioner
|
|
regulation 31(4) and (5)
|
gaoler of a prison
|
Commissioner of Correctional Services
|
|
regulation 31(4)(a)
|
gaoler
|
Commissioner
|
|
regulation 31(5)
|
gaoler shall
|
Commissioner must
|
|
regulation 32(1)
|
all words from "gaoler of" to "to the
gaoler"
|
Commissioner of Correctional Services must be
remitted by the Commissioner to the person in charge
|
|
regulation 32(2)
|
all words from "The" to "shall" to the gaoler
|
The Commissioner of Correctional Services
must
to the person in charge
|
|
regulation 32(4) and (4)(a)
|
gaoler of the prison
|
Commissioner of Correctional Services
|
|
Schedule, Form 1
|
Prison
19 .
|
|
|
Schedule, Form 2
|
gaoler of the prison at gaoler of the above-named prison
of the gaoler
19 .
|
Commissioner of Correctional Services
Commissioner of Correctional Services
of the person in charge
|
|
Schedule, Form 3
|
Prison
19 .
|
|
|
Schedule, Form 4
|
19 .
|
|
|
Schedule, Form 5
|
Director/ Director*
in the prison
gaoler
19 .
(all references) Director
19 ,
|
Commissioner of Correctional Services/
Commissioner*
person in charge
Commissioner
|
|
Schedule, Form 6
|
GAOLER gaoler
(all references) 19 .
(all references) |
PERSON IN CHARGE OF PRISON
person in charge
|
|
Schedule, Forms 7, 8 and 9
|
gaoler of the prison at gaoler of the above-named prison
gaoler
19 .
|
Commissioner of Correctional Services
Commissioner of Correctional Services
person in charge
|
|
Schedule, Form 10
|
gaoler of the prison at gaoler of the above-named prison
19 .
|
Commissioner of Correctional Services
Commissioner of Correctional Services
|
|
Schedule, Form 11
|
gaoler at the prison at gaoler of the above-named prison
19 .
|
Commissioner of Correctional Services
Commissioner of Correctional Services
|
|
Schedule, Form 12
|
Director
(all references) parole
19 .
(all references) Parole
|
Commissioner probation and parole
Probation and parole
|
|
Public Sector Employment and Management
Regulations
|
||
|
regulation 3, definition prison
officer
|
whole definition
|
|
|
regulation 3
|
|
(in alphabetical
order)
correctional officer, see section 4 of the Correctional Services Act. |
|
regulation 7(a) and (b)
|
prison
|
correctional
|
|
Sentencing Regulations
|
||
|
regulation 4(1), after "probation"
|
|
and parole
|
|
regulation 4(1)
|
Prisons (Correctional Services)
Act
|
Correctional Services Act
|
|
regulation 4(4)
|
Director
|
Commissioner
|
|
regulation 4A, heading
|
Prisons (Correctional Services) (Community
Orders) Regulations
|
Correctional Services Act
|
|
regulation 4A
|
the Prisons (Correctional Services) (Community
Orders) Regulations
|
Chapter 4 of the Correctional Services Act
and any regulations made for that Chapter
|
|
Serious Crime Control
Regulations
|
||
|
regulation 5(1)(e)
|
of Prisoners
|
|
|
Serious Sex Offenders Act
|
||
|
section 4, definitions approved voice
recognition system, Director of Correctional Services
and parole officer
|
whole definition
|
|
|
section 4
|
|
(in alphabetical
order)
probation and parole officer, see section 4 of the Correctional Services Act. |
|
section 4, definition approved monitoring
device
|
5 of the Prisons (Correctional
Services)
|
164 of the Correctional Services
|
|
section 4, definition in custody,
paragraphs (a) and (b)
|
whole paragraph
|
(a) in the lawful custody of the Commissioner of
Correctional Services (as defined in section 4 of the Correctional
Services Act); or
(b) in lawful custody within the meaning of section
84(1) of the Mental Health and Related Services Act.
|
|
section 4, definition parole
order
|
of Prisoners
|
|
|
section 10(1)(a), note
|
prison
|
custody
|
|
section 12(2)
|
of Prisoners
|
|
|
section 14(3)(b)
|
Director
|
Commissioner
|
|
section 16(1), note
|
prison
|
custody
|
|
section 18(1)(b) to (e) and (2), before
"parole"
(all references) |
|
probation and
|
|
section 20, heading, before
"parole"
|
|
probation and
|
|
section 20(1) to (5), before
"parole"
(all references) |
|
probation and
|
|
section 20(1), note, before
"parole"
|
|
probation and
|
|
section 20(4)(c)
|
voice recognition system
|
monitoring device
|
|
section 20(4)(d)
|
or voice recognition system
|
|
|
section 20(4)(i)(i)
|
Director
|
Commissioner
|
|
section 21(1) and (2), before "parole"
|
|
probation and
|
|
section 21(2)(a)
|
Director
|
Commissioner
|
|
section 22(2)(c)
|
of Prisoners
|
|
|
section 22(2)(c), note
|
of Prisoners
|
|
|
section 27(a) and (b)
|
Director
|
Commissioner
|
|
section 29(2)
|
of Prisoners
|
|
|
sections 35(a) and (b) and 42(a) and
(b)
|
Director
|
Commissioner
|
|
sections 48(1) and 49(4)(b), before
"parole"
|
|
probation and
|
|
sections 49(4)(b) and 56(2) and (3)
|
Director
|
Commissioner
|
|
section 63, heading
|
Director
|
Commissioner
|
|
section 63(1), (2) and (3)
|
Director
|
Commissioner
|
|
section 63(1), before "parole"
|
|
probation and
|
|
section 64(1)
|
whole subsection
|
(1) A probation and parole officer may exercise the
officer's powers under section 171 of the Correctional Services Act as if
a supervision order were a monitoring order.
(1A) However, the officer must not:
(a) exercise a power under section 170(2)(d) or (e)
of the Correctional Services Act unless the supervisee is subject to a
monitoring obligation; or
(b) direct a supervisee under section 171 of the
Correctional Services Act to submit to a prescribed alcohol/drug test unless the
supervisee is subject to an alcohol or drug obligation.
|
|
section 64(2), definition monitoring
obligation
|
or approved voice recognition system
|
|
|
section 69(a) and (b)
|
Director
|
Commissioner
|
|
section 79(6)
|
Prisons (Correctional Services)
|
Correctional Services
|
|
section 80(1)
|
Director
(all references) prison Director's
|
Commissioner custodial correctional facility
Commissioner's
|
|
section 80(2), (3)(a) and (b) and (4)
|
Director
(all references) |
Commissioner
|
|
section 88, heading
|
Director
|
Commissioner
|
|
section 88(1), (2) and (3)(a)(i)
|
Director
|
Commissioner
|
|
section 88(3)(a) and (b)
|
Director's
|
Commissioner's
|
|
section 96(3), definition relevant
material
|
Director
|
Commissioner
|
|
section 98(2)(a)
|
or approved voice recognition system
|
|
|
section 98(2)(b), before "parole"
|
|
probation and
|
|
section 108(1)(b), (3) and (4)
|
Director
|
Commissioner
|
|
section 108, note
|
Director
(all references) |
Commissioner
|
|
section 109, heading
|
Director
|
Commissioner
|
|
section 109(1)
|
Director
(all references) |
Commissioner
|
|
Sheriff Regulations
|
||
|
regulation 9, heading
|
gaol
|
custodial correctional facility
|
|
regulation 9
|
gaol
|
custodial correctional facility (as defined in
section 11(1)(a)of the Correctional Services Act)
|
|
Schedule, item 12
|
prisoner
|
detainee
|
|
Surveillance Devices
Regulations
|
||
|
regulation 3(1)(c)
|
whole paragraph
|
(c) in accordance with the directions of the
Commissioner of Correctional Services or person in charge of a custodial
correctional facility, to monitor the activities and location of a prisoner in
the facility;
|
|
regulation 3(1)(d)
|
Director
|
Commissioner
|
|
regulation 3(2)
|
|
(in alphabetical
order)
custodial correctional facility, see section 11(1)(a) of the Correctional Services Act. |
|
regulation 3(2), definition monitoring
requirement, paragraph (a)
|
or community based order
|
, community based order, release on bond without
conviction, release on bond following conviction or suspended sentence of
imprisonment
|
|
regulation 3(2), definition monitoring
requirement, paragraph (d)
|
of Prisoners
|
|
|
regulation 3(2), definition monitoring
requirement, paragraph (e)
|
Act.
|
Act;
|
|
regulation 3(2), definition monitoring
requirement, after paragraph (e)
|
|
(f) a leave permit under Part 3.3 of the
Correctional Services Act.
|
|
Terrorism (Emergency Powers)
Act
|
||
|
section 4(1)
|
|
(in alphabetical
order)
custodial correctional facility, see section 11(1)(a) of the Correctional Services Act. |
|
section 21J, heading
|
Director
prison
|
Commissioner
Commissioner's custody
|
|
section 21J
|
a
prison Director of Correctional Services
|
the custody of the Commissioner of Correctional
Services
Commissioner
|
|
sections 21S(3) and (5) and 21T(4) and
(7)
|
a
prison Director of Correctional Services
|
the custody of the Commissioner of Correctional
Services
Commissioner
|
|
section 21ZC, heading
|
prison
|
custodial correctional facility
|
|
section 21ZC(1) and (6)
|
Director
|
Commissioner
|
|
section 21ZC(1), (2)(a) to (e) and (6)
|
prison
(all references) |
custodial correctional facility
|
|
section 21ZC(3)
|
Prisons (Correctional Services)
Act
|
Correctional Services Act
|
|
section 21ZS(3)(f)
|
prison
|
custodial correctional facility
|
|
Victims of Crime Rights and Services
Act
|
||
|
section 4, definitions Director of
Correctional Services and prison
|
whole definition
|
|
|
section 4
|
|
(in alphabetical
order)
custodial correctional facility, see section 11(1)(a)of the Correctional Services Act. |
|
section 4, definitions Parole Board
and parole order
|
of Prisoners
|
|
|
section 21(5)
|
Director of
|
Commissioner of
|
|
section 22(1)(g)
|
prison
|
the custody of the Commissioner of Correctional
Services
|
|
section 22(1)(h) and (k) and (2)(d)
|
prison
|
a custodial correctional facility
|
|
after section 22(1)(j)
|
|
(ja) the date of release from a custodial
correctional facility under an administrative home detention
permit;
(jb) the conditions of an administrative home
detention permit;
(jc) the variation, revocation, cancellation or
discharge of an administrative home detention order;
|
|
section 22(1)(m)
|
or supervision order
|
, supervision order or administrative home detention
permit
|
|
section 22(2)(a)
|
prison
|
custodial correctional facility
|
|
section 22(4)
|
|
(in alphabetical
order)
administrative home detention permit, see section 132 of the Correctional Services Act. |
|
section 25, heading
|
Director
|
Commissioner
|
|
section 25(1)
|
Director
(first reference) Director of Correctional Services
|
Commissioner Commissioner
|
|
sections 25(2), 32(1)(c) and 33(c)
|
Director
(all references) |
Commissioner
|
|
Weapons Control Act
|
||
|
section 12(1)(a)
|
whole paragraph
|
(a) a correctional officer (as defined in section 4
of the Correctional Services Act);
|
|
Work Health and Safety (National Uniform
Legislation) Act
|
||
|
section 103
|
all words after "in a"
|
custodial correctional facility (as defined in
section 11(1)(a) of the Correctional Services Act).
|
|
Youth Justice Regulations
|
||
|
regulation 6, definition supervising
officer, paragraph (a), after "probation"
|
|
and parole
|
|
regulations 7(1)(a) and (c) and 9(1), (2), (4)
and (5)
|
Director
(all references) |
Commissioner
|
|
regulation 12, heading
|
Director
|
Commissioner
|
|
regulations 12(1) and (2), 13(1), 14(2) and (3) and
25(1)
|
Director
(all references) |
Commissioner
|
|
regulations 25(3) and 26(1), (2)(a) and (c) and (3)
to (7)
|
surveillance
(all references) |
probation and parole
|
|
regulations 26(2) and 28(1)
|
Director
|
Commissioner
|
|
regulation 28(2)
|
surveillance
|
probation and parole
|
|
regulation 30, heading
|
Director
|
Commissioner
|
|
regulations 30(1) and 32(1), (1)(e) and (2)
|
Director
|
Commissioner
|
|
regulation 37(5)
|
prison
(all references) |
custodial correctional facility
|
|
regulations 42(1) and (3), 52(2) and (3), 54(3)(b)
and (4), 55(1)(a) and (b) and (2) to (5) and 72(3)(g)
|
Director
|
Commissioner
|
|
regulation 73(1)(c) and Schedule 2, Form
6
|
prison
(all references) |
custodial correctional facility
|
|
Schedule 2, Form 8, note 2
|
Director
|
Commissioner
|
|
Schedule 2, Form 9
|
Director
|
Commissioner
|
|
Schedule 2, Form 9, note 1
|
Director
|
Commissioner
|
|
Schedule 2, Form 9, note 2, after
"probation"
|
|
and parole
|
|
Schedule 2, Form 9, after
"probation"
(all references) |
|
and parole
|
|
Schedule 2, Form 11
|
Director
(all references) surveillance
(all references) |
Commissioner probation and parole
|
|
Schedule 2, Form 11, note 1
|
Director
|
Commissioner
|
|
Schedule 2, Form 12
|
prison prison
(all references) Director
|
custodial correctional facility
custodial correctional facility
Commissioner
|
|
Schedule 2, Form 12, note 1
|
Director
|
Commissioner
|
|
Schedule 2, Forms 13 and 14
|
prison
(all references) |
custodial correctional facility
|
|
Schedule 2, Forms 15 and 17
|
Director
|
Commissioner
|
[Index] [Search] [Download] [Related Items] [Help]