Northern Territory Explanatory Statements

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CORRECTIONAL SERVICES BILL 2014

1
2014

LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY

MINISTER FOR CORRECTIONAL SERVICES

CORRECTIONAL SERVICES BILL 2014

SERIAL NO. 82

EXPLANATORY STATEMENT


GENERAL OUTLINE

The Correctional Services Bill 2014 seeks to provide for the improved management of correctional services establishments, the contemporary administration of sentences and the contemporary management of prisoners and community based offenders in the Northern Territory.

This Bill seeks to:

a) repeal the Prisons (Correctional Services) Act; and

b) enact the Correctional Services Act 2014.

NOTES ON CLAUSES

CHAPTER 1 Preliminary Matters

Part 1.1 Formal matters


This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Correctional Services Act 2014.
This clause states that the Act will commence on the day fixed by the Administrator by Gazette notice.
This clause provides that Part IIAA of the Criminal Code applies to an offence against this Act.

PART 1.2 Interpretation


This clause defines a number of terms used in the Bill, for example, ‘correctional centre’, ‘correctional services officer’, ‘court custody centre’, ‘custodial correctional facility’, ‘health practitioner’, ‘law enforcement agency’, ‘misconduct proceedings’, ‘monitoring order’, ‘nominated examiner’, ‘official visitor’, ‘police custody centre’, ‘priority/legal visit’, ‘priority visitor’, ‘prisoner’, ‘prohibited thing’, ‘protected correspondent’, ‘unlawfully absent’, ‘visitor’, ‘volunteer’, ‘youth’ and ‘youth detainee’.
This clause defines the term ‘offender’ for the purpose of the Act. An offender is a youth prisoner, adult prisoner or a non-custodial offender.
This clause defines the categories of persons who are prisoners for the purposes of the Act. A prisoner is a person who is committed or remanded into the custody of the Commissioner by an order that is in force, or is under a sentence of imprisonment but is a non-custodial offender, or is a detainee under the Serious Sex Offenders Act or is an immigration detainee.

The clause clarifies that a person is a prisoner under subclauses 1 (a), (b) or (c) whether or not a warrant of commitment has been issued and even if the person is not at a custodial correctional facility.


This clause defines a non-custodial offender to be a person who is subject to a
non-custodial order. Non-custodial orders are defined at clause 166.
This clause outlines the circumstances by which a person is taken to be committed or remanded into the custody of the Commissioner.

The purpose of this clause is to clarify that a person is committed or remanded into the custody of the Commissioner if a court, or other body, or person with authority to do so, orders the person:

a) into the custody of the Commissioner;

b) to a custodial correctional facility;

c) to a particular custodial correctional facility; or

d) into custody.


This clause sets out the circumstances where a prisoner is taken to be in the lawful custody of the Commissioner.

This section clarifies that a prisoner is unlawfully absent if he or she is not in the lawful custody of the Commissioner.

Section 63A of the Sentencing Act, as inserted by clause 38 of the Correctional Services (Related and Consequential Amendments) Bill 2014, notes that the prisoner’s sentence does not continue to run whilst he or she is unlawfully absent.


The purpose of this clause is to clarify the General Manager for each type of custodial correctional facility.

CHAPTER 2 CORRECTIONAL SERVICES ADMINISTRATION

Part 2.1 Correctional services establishments


This clause states that the following are correctional services establishments:

a) a custodial correctional facility, which is one of the following:


b) a community correctional facility.

In relation to a prisoner, a reference to a custodial correctional facility is a reference to the centre at which the person is a prisoner.


This clause gives the Minister the power to declare, by Gazette notice, any premises to be a correctional centre and to assign it a name.
This clause states that a police station is a police custody centre if it is used as premises for the custody of a prisoner or a person under clauses 66 or 163 and has been declared a police custody centre by the Minster by Gazette notice.
This clause states that an area of a courthouse is a court custody centre if it has been declared by the Minister by Gazette notice as a court custody centre and is used as premises for the custody of prisoners or to accommodate a person who has been transferred to a custodial correctional facility under clauses 66 or 163.
This clause enables the Commissioner to establish community correctional facilities for the management of non-custodial offenders.

The Commissioner may group community correctional facilities into regions for administrative purposes. These facilities are to be used for non-custodial offenders to report to their probation and parole officers and other administrative purposes.

Part 2.2 Correctional services officers

Division 1 General


This clause states that the Commissioner of Correctional Services, the General Manager of a custodial correctional facility, a Regional Manager, a correctional officer and a probation and parole officer are correctional services officers.

Division 2 Commissioner of Correctional Services


This clause empowers the Minister to appoint a person to be the Commissioner of Correctional Services (the Commissioner).

This person does not need to be a public sector employee and the Commissioner holds office on the terms and conditions as determined by the Minister.


This clause sets out the functions of the Commissioner, namely responsibility for the overall control and management of offenders, correctional services establishments and persons accommodated at correctional services establishments who are not prisoners. These persons include volunteers as well as young children accommodated with their mother under clause 57.

The Commissioner also has the functions conferred on the Commissioner by this or any other Act.


This clause provides that the Commissioner has the powers necessary to perform the Commissioner’s functions. The Commissioner has the power to do anything that he or she considers appropriate to maintain the security and good order of a correctional services establishment or an offender. The Commissioner also has all the powers of all other correctional services officers.
This clause enables for the Commissioner to delegate, in writing, any of his or powers or functions under this Act or any other Act, to a person.

Division 3 Other correctional services officers


This clause enables the Commissioner to appoint a public sector employee to be the General Manager of a correctional centre. Employment of a public sector employee will remain in accordance with the Public Sector Employment and Management Act.

The General Manager is responsible for the day-to-day care, control and management of the centre, the prisoners of the centre and any other persons accommodated in the centre who are not prisoners, such as volunteers or children accommodated with their mother under clause 57.

The General Manager of a centre has the powers necessary to perform the Manager’s functions and has the powers of a correctional officer. This clause enables for the General Manager to delegate, in writing, any of his or her powers or functions under this Act to a person.


This clause states that a police officer or correctional officer in charge of a police custody centre or a court custody centre is taken to be the General Manager of that centre.

The General Manager is responsible for the day-to-day care, control and management of the centre, the prisoners of the centre and any other persons accommodated in the centre who are not prisoners such as volunteers or children accommodated with their mother under clause 57. It should be noted that there is no intention to accommodate a child under clause 57 in a court custody centre.

The General Manager of a centre has the powers necessary to perform the Manager’s functions and has the powers of a correctional officer.


This clause enables the Commissioner to appoint a public sector employee to be the Regional Manager of community correction facilities in a region. Employment of a public sector employee will remain in accordance with the Public Sector Employment and Management Act.

The Regional Manager is responsible for the day-to-day control and management of community correctional facilities in the region and the non-custodial offenders attending these facilities.

The Regional Manager of a centre has the powers necessary to perform the Manager’s functions and has the powers of a probation and parole officer. The Regional Manager may delegate, in writing, any of his or her powers or functions under this Act to another person.

This clause enables the Commissioner to appoint a public sector employee as a correctional officer. Employment of a public sector employee to perform these functions will remain in accordance with the Public Sector Employment and Management Act.

A correctional officer has the functions conferred by this or any other Act and the powers and immunities conferred by this or any other Act necessary to perform those functions.


This clause enables the Commissioner to appoint a public sector employee as a probation and parole officer. Employment of a public sector employee to perform these functions will remain in accordance with the Public Sector Employment and Management Act.

This person has the functions conferred by this Act or any other Act and has the powers necessary to perform those functions.

The role of a probation and parole officer will replace the existing role of a parole officer, probation officer and surveillance officer.

Part 2.3 Official visitors

Division 1 Appointment


This clause provides for the Minister to appoint a minimum of three official visitors for each custodial correctional facility. The clause also sets out the conditions of appointment.

This clause sets out the means by which an official visitor ceases to be an official visitor.

This clause sets out the terms by which the Minister may terminate the appointment of an official visitor. A termination of appointment must be made in writing.

Division 2 Visiting


The Commissioner must ensure that each custodial correctional facility is visited by an official visitor at least once every month.

This clause sets out the functions of the official visitor. An official visitor must inquire into the treatment, behaviour and conditions of the prisoners at the facility and provide a report, in writing, to the Minister as soon as practicable after the visit.

The official visitor may engage with staff and prisoners in the course of the visit.


This clause provides that an official visitor must not interfere with, or give instructions to any person employed at the facility on the management, discipline or treatment of prisoners.

This clause gives the Minister power to issue guidelines, by Gazette notice, for official visitors to assist them in performing their functions. Part 2.4 General matters

This clause gives the Commissioner the power to use volunteers to assist in the provision of services for the benefit of an offender or offenders generally. A volunteer may include a family member who may stay, voluntarily, with the prisoner at a correctional centre for welfare reasons.
This clause enables the Commissioner to engage volunteers for purposes set out in clause 33. The volunteer must comply with the conditions set out in his or her authorisation, any relevant Commissioner’s Directions, as well as any reasonable direction given by a correctional services officer.

The Commissioner may reimburse a volunteer for any reasonable expenses incurred by the volunteer in performing his or her volunteer functions.

The Commissioner may certify, in writing, a dog to be a correctional services dog and a correctional officer to be a correctional services dog handler.

This clause sets out the purposes for which a correctional services dog handler may use a correctional services dog.

A handler may permit the dog to use force against a person if the handler has the power to use force against the person in their capacity as a correctional officer and if the handler considers the force necessary in the circumstances.

This clause provides that a correctional services officer, employee of the Agency, or a volunteer exercising powers or performing functions under this Act must comply with the Commissioner’s Directions.

This clause enables the Commissioner to direct a correctional services officer or an employee of the Agency to submit to a prescribed alcohol or drug test. The purpose of this clause is to ensure that the officer or employee is not affected by alcohol or a drug.

CHAPTER 3 CUSTODIAL CORRECTIONAL FACILITIES

Part 3.1 Management of prisoners

Division 1 Prisoners generally

Subdivision 1 General matters


This clause requires the Commissioner to determine the custodial correctional facility where a prisoner is to be held. The Commissioner may transfer the prisoner to another appropriate place if he or she considers it appropriate.

Another appropriate place may include a health care facility, a youth detention centre in the case of a youth prisoner being transferred under Division 2, or an immigration detention centre in the case of an immigration detainee.

This clause provides that a General Manager of a custodial correctional facility must arrange for a prisoner to be taken to another custodial correctional facility or other place as directed by the Commissioner, or to a court before which the prisoner is required to appear or to a health care facility, as required.
This clause provides for the separation of prisoners in a custodial correctional facility. As far as it is practicable, the General Manager of a custodial correctional facility must ensure that sentenced prisoners be housed separately from other prisoners, male prisoners be separate from female prisoners and youth prisoners be kept separate from adult prisoners.
This clause enables the General Manager of a custodial correctional facility to separate a prisoner from other prisoners as the General Manager considers appropriate. Examples of grounds to separate a prisoner include:

(a) the prisoner poses a threat to the safety of another person;

(b) the prisoner poses a threat to himself or herself;

(c) the prisoner's safety is at risk from another prisoner;

(d) it is appropriate to maintain the security and good order of the facility; or

(e) an order for separation has been made as a penalty for misconduct.


This clause requires a prisoner to comply with the general routine of a custodial correctional facility and to follow any reasonable direction of a correctional officer, the General Manager or the Commissioner.

Failure to comply with a reasonable direction may constitute a form of misconduct and a correctional officer may use force that is reasonably necessary to compel compliance.

Subdivision 2 Prisoner's property


This clause defines the term ‘allowable item’.
This clause enables the Commissioner to determine personal items that a prisoner may possess in a custodial correctional facility.


This clause provides that a prisoner may possess allowable items. A prisoner must only have in his or her possession an allowable item, and the General Manager may exercise certain powers in relations to items that are not an allowable item (prohibited item).
This clause provides that a correctional officer may confiscate an item in a prisoner’s possession if the officer reasonably believes that it may be a prohibited item or connected with an offence against this Act.

Confiscation under this clause does not require the item to be discovered during a search as defined under subdivision 3, that is, this clause applies if the officer discovers the item in the general course of his or her duties.

Subdivision 3 Searches


This clause gives a correctional officer the power to search a prisoner or a prisoner’s personal belongings (including mail, but subject to Part 3.5). A search may include the use of electronic scanning or screening by a correctional services dog.

A correctional officer may use as much force as is reasonably necessary to conduct the search if the prisoner does not submit to the search.

This clause provides that a correctional officer may confiscate anything found during the search the officer reasonably believes may be a prohibited item or connected with an offence against this Act.


This clause provides that when a search under clause 47 requires the removal of all or most of a prisoner’s clothes, the search must be conducted by a correctional officer of the same sex, or an appropriate health practitioner authorised by the Commissioner or, if an officer or practitioner are not available, another person of the same sex as the prisoner as authorised by the General Manager to carry out the search.

If the person carrying out the search is not a correctional officer, a correctional officer (of either sex) may assist the person carrying out the search and use such force as is necessary to conduct the search.

This clause defines an intimate search as a search of a prisoner that requires the internal or external examination of an intimate part of the body, or the internal examination of a non-intimate body part.


This clause sets out the procedure for an intimate search.

If the General Manager reasonably believes that a prisoner has a prohibited item or an item connected with an offence against this Act concealed on or in his or her person, he or she may authorise a health practitioner to carry out the search.

If the health practitioner is not the same sex as the prisoner, another health practitioner or correctional officer of the same sex as the prisoner must be present during the search.

If the prisoner does not submit to the search a correctional officer may use as much force as is reasonable necessary to assist the health practitioner.

If the health practitioner discovers a thing during the search that he or she reasonably believes is a prohibited item or an item connected with an offence against this Act, and the removal is not likely to cause serious harm, the practitioner may remove the item and give it to a correctional officer.

The officer is taken to have confiscated the item from the prisoner and may deal with the item accordingly under the Act.

Subdivision 4 Testing

This clause provides that a prisoner must submit to a prescribed drug or alcohol test if directed to do so by the General Manager.

If the prisoner does not submit to the test, the prescribed sampler may take the sample without the prisoner’s consent and a correctional officer may assist the prescribed sampler to obtain the sample and may use force that is reasonably necessary.

This clause provides that a prisoner must submit to the taking of a buccal swab (swab from the mouth) by an approved person when directed by the General Manager to do so.

If the prisoner does not submit to the test, the approved person may take the sample without the prisoner’s consent and a correctional officer may assist the approved person to obtain the sample and may use force that is reasonably necessary.

This clause provides that a prisoner, when directed by the General Manager, must provide evidence of his or her identity or submit to the use of an authorised identification system such as a device that uses biometric information.


Subdivision 5 Work

This clause gives the Commissioner the power to direct prisoners who are serving a term of imprisonment to work, either at the custodial correctional facility or elsewhere.

A prisoner who is a detainee under the Serious Sex Offenders Act must only carry out work within the custodial correctional facility.

The Commissioner may not direct a prisoner who has not been sentenced to a term of imprisonment to work without the prisoner’s consent.

If the Commissioner directs a prisoner to carry out work outside the custodial correctional facility, that location is taken to be a custodial correctional facility for this Act whilst the work is being carried out.


This clause gives the Commissioner the power to establish rates of pay and the obligation to pay prisoners for the work they do and to pay that money into the prisoner’s trust account.
This clause prohibits a prisoner from engaging in commercial activity without the written approval of the Commissioner.

Subdivision 6 Children

This clause states the Commissioner may allow a female prisoner who has a young child or young children, to have the young child or young children reside with her in a custodial correctional facility. The clause applies only to a child or children under the compulsory school age and the Commissioner must be satisfied that all matters in subclause (3) apply.

The Commissioner has the authority to revoke the permission at any time and must revoke the consent if subclauses 3(d) or (e) no longer apply.


This clause sets out the requirement for any social security benefits payable to a prisoner in relation to a child accommodated in a correctional centre under clause 57 to be paid to the Commissioner and then paid into the prisoner’s trust account.

Subdivision 7 Religion and belief systems

This clause enables a prisoner to perform the usual practices associated with their religious or belief system.

However, the General Manager of the facility may prohibit a prisoner from performing a practice or possessing an item if it is necessary to preserve the security and good order of the correctional centre or to maintain the prisoner’s health or well-being.


This clause states that the Commissioner must take all reasonable measures to ensure that every prisoner has access to a religious or spiritual advisor of his or her particular faith or belief system.

Subdivision 8 Release


This clause provides that the Commissioner must release a prisoner from custody on his or her release date. The Commissioner must release an immigration detainee when required to do so under the Migration Act 1958 (Cth).

The Commissioner may release a prisoner from custody up to seven days before the date on which the prisoner would have otherwise been released, if, in the opinion of the Commissioner, it is appropriate to do so. This clause does not apply to prisoners being released on a parole order.
This clause states that the General Manager may provide for transportation upon the release of a prisoner.

The General Manager is not to arrange for transport outside the Territory unless special circumstances exist.

Division 2 Youth


This clause enables the Commissioner, with the consent of the superintendent of a youth detention centre, to transfer a youth prisoner from a custodial correctional facility to a youth detention centre if it is in the best interests of the youth prisoner to do so and there are adequate facilities for the care and custody of the youth prisoner. The youth prisoner is to be dealt with as a youth detainee while in custody at the detention centre.
This clause provides that the Commissioner may transfer the youth back to a correctional centre before the age of 18 if it is in the best interest of the youth or it is necessary to maintain the security and good order of the detention centre. When the youth is transferred out of the youth detention centre the youth becomes a youth prisoner and ceases to be a youth detainee.
This clause states that if an order is made under section 154 of the Youth Justice Act for a youth detainee to be accommodated at a custodial correctional facility, the youth is to be detained at the facility as a youth detainee.
This clause clarifies that the sentence of a youth to whom clause 65, 65, and 66 applies continues to run despite the ‘relocation’ under this Division.

Division 3 Misconduct


This clause defines terms necessary for the division.
This clause states that a prisoner must not engage in misconduct and notes that conduct constituting misconduct can be prescribed by regulation.
This clause states that a prisoner may be charged with misconduct and the charge may be initiated by a correctional officer.

This clause provides that the proceedings for misconduct must be conducted by the General Manger or a correctional officer nominated by the General Manager of a correctional centre.

The proceedings are to be held with as little formality as fairness to the prisoner permits. Evidence given does not need to be given under oath, the rules of evidence do not apply and the proceedings must be conducted in accordance with the rules of natural justice.

This clause provides that a prisoner is to represent him or herself in misconduct proceedings.

However, if the General Manager is satisfied that a prisoner cannot adequately represent him or herself, the General Manager may approve a nominated person to assist or represent the prisoner. A prisoner is not entitled to representation by a legal practitioner.


This clause provides that the prisoner and General Manager, if the General Manager is not the decision maker, must be informed, in writing, of the outcome of the proceedings and any action to be taken as soon as practicable after the conclusion of the proceedings.

A correctional officer must give a verbal explanation of the decision and its effect if asked to do so by the prisoner, however this requirement does not apply where another officer has already provided the prisoner with a verbal explanation.


This clause provides that within three days of being notified of the decision, the prisoner may appeal to the Commissioner any finding that misconduct was engaged in or any penalty imposed.
This clause sets out the correctional officers who are eligible to conduct a review of a misconduct decision. The reviewer must comply with the rules of natural justice.

This clause states that the person conducting the review may affirm, vary or quash the misconduct decision. The prisoner and General Manager must be informed in writing of the outcome of the review.
This clause provides that if the review was conducted by the Commissioner, no appeal or further review lies from the finding of the review. If the review was not conducted by the Commissioner, the prisoner may apply to the Commissioner for a review of the decision if the review was conducted by a correctional officer and the decision on review was to affirm the misconduct decision or vary the penalty (irrespective of whether the variation was an increase or decrease in penalty).
This clause provides for the penalties that may be imposed on a prisoner if he or she is found, on the balance of probabilities, to have committed misconduct as charged.

Additional penalties and removal of privileges can be prescribed by regulation.


This clause allows the penalty for misconduct to be stayed until:

a) the prisoner has waived his or her right to a review; or

b) the time period to request a review of a finding of misconduct has expired with no request having been made; or

c) if the prisoner requested a review – it has been determined.


This clause provides that a prisoner found to have committed misconduct that resulted in damage to real or personal property owned by a person other than the prisoner, may be ordered to pay restitution. The restitution may take many forms, for example an amount prescribed by regulation, the value of the property (if destroyed) or the cost of repair (if damaged).

Division 4 Health care for prisoners


This clause defines terms necessary for the Division.
This clause provides that the Commissioner must arrange for the provision of appropriate health care for prisoners at a correctional centre. Access to health care must be comparable to that available to person in the general community in the same part of the Territory.
This clause provides that the Commissioner must ensure that health practitioners, to the extent practicable, are provided with access to prisoners and that prisoners are permitted to consult in person with a health practitioner to the extent that it is reasonably necessary.
This clause requires the Commissioner to ensure that information relating to the health and health care of a prisoner can only be accessible by persons authorised by the Commissioner. The purpose of this clause is to ensure the appropriate handling of sensitive and confidential information.

This clause states the General Manager must give reasonable consideration to the implementation of any recommendations made by a health practitioner in regards to a prisoner’s health or health care, including transporting a prisoner to a health care facility.
This clause states that a General Manager may transfer a prisoner to a health care facility to allow appropriate health care for the prisoner.

The General Manager must not transfer the prisoner to a facility outside the Territory unless:

a) a health practitioner has advised that it is necessary to do so as there is no facility in the Territory that can provide the health care required; and

b) there are no health care facilities in the Territory at which the prisoner can be accommodated.

This clause provides that the General Manager must make arrangements with the person in charge of the health care facility to ensure that a prisoner at the facility does not pose a threat to patients or staff of the facility or the general public The arrangements must be made before, or as soon as practicable after, the prisoner is taken to the facility.
This clause provides that, where practicable, health care is to be provided by a health practitioner employed or engaged by the Public Health System. The level of health care must be comparable to that available to person in the general community in the same part of the Territory.
This clause states that the General Manager may request current health information about a prisoner be provided from the Chief Executive Officer of the Department of Health (CEO Health) to ensure the prisoner’s treatment can be managed appropriately.

The CEO Health must comply with the request regardless of whether the information is sensitive information for the Information Act or any obligation the CEO Health may be under to not disclose the information.


This clause provides that, unless otherwise impracticable in the circumstances, a female prisoner should be taken to a health care facility to give birth.
This clause provides that the General Manager must notify the Commissioner as soon as practicable after a prisoner becomes critically ill or injured, or a prisoner dies. This will assist the Commissioner in performing functions under section 12 of the Coroners Act.

This clause also states that if a prisoner is critically ill or injured, the Commissioner must take reasonable steps to notify the prisoner's next of kin, legal practitioner and any other person who has decision making authority for the prisoner.

This clause applies where the General Manager considers the provision of health care may be necessary to prevent serious harm to the prisoner.

The clause applies where the prisoner is refusing an examination or the provision of health care and the General Manager has requested a medical practitioner to examine, and if appropriate, to provide such health care.

A medical practitioner may, without the prisoner’s consent, conduct an examination of the prisoner to ascertain whether or not the provision of treatment is necessary. If the medical practitioner is satisfied that it is necessary to provide the treatment then he or she may provide such care.

A correctional officer may assist, using force that is reasonably necessary, with the examination or provision of health care if the prisoner refuses to comply. This clause may apply where a prisoner is, for example, refusing to take medication or is refusing to eat.


This clause states that if a General Manager considers the administration of medication to a prisoner may be necessary to prevent or reduce the risk of the prisoner causing harm to him or herself or person, the General Manager may request a medical practitioner to provide advice on whether the administration of medication would prevent or reduce the risk of harm and the health consequences of doing so.

The medical practitioner may, without the prisoners consent, examine the prisoner to provide the requested advice.

After receiving the advice from the medical practitioner, the General Manager may request that the medical practitioner administer the medication to the prisoner if the General Manager considers that doing so would prevent or reduce the risk of harm and is the least restrictive intervention available in the circumstances.

The medical practitioner may comply with the General Manager’s request, however they are not compelled to comply. If medication is administered, it may be done so without the prisoner’s consent.

If the prisoner does not submit to the examination or administration of medication, a correctional officer may assist and use as much force as reasonably necessary when providing such assistance.

Part 3.2 Visits and communication

Division 1 Visits


This clause defines terms necessary for the Division, including persons to be defined as priority visitors.
This clause provides that a priority visitor may visit a custodial correctional facility and prisoners at the facility at any reasonable time, subject to the security and good order of the facility.
This clause provides that a prisoner’s legal practitioner may, by appointment, visit a prisoner at any reasonable time subject to maintaining the security and good order of the facility.

In order to facilitate the visit, a legal practitioner may be accompanied by a person or persons to provide translation or other legal, administrative or technical assistance.

This clause provides that any other person may visit a custodial correctional facility or a prisoner at times permitted by the General Manager, subject to clause 98.



This clause provides that the Commissioner may prohibit a person or a class of persons from visiting a custodial correctional centre or a prisoner.

The General Manager of the facility may refuse a person entry to a custodial correctional facility if he or she considers it appropriate.

However, the General Manger can only prohibit the visit of a legal practitioner or a priority visitor if he or she considers it reasonably necessary to maintain the security and good order of the facility (clause 96(3) refers).

This clause provides a correctional officer with the power to direct a visitor at a custodial correctional facility to leave the facility.

This clause allows a correctional officer to direct a visitor to leave the custodial correctional facility if the person is, for example, jeopardising the security and good order of the facility. The visit may be terminated and the person requested to leave. Failure to comply with a direction to leave from a correctional officer may constitute an offence.

This clause provides that a correctional officer may prevent a person from entering a correctional facility if the person is prohibited from visiting the facility under clauses 98 or 99.

A person directed to leave a custodial correctional facility by a correctional officer under clause 100 who does not do so as quickly as is reasonably practicable, may be removed by a correctional officer. For the purpose of preventing entry to, or removing a person from, a custodial correctional facility a correctional officer may use as much force as is reasonably necessary.

This clause provides that a visit may be conducted in the presence of a correctional officer and be recorded visually and audibly.

However, a visit between a prisoner and a legal practitioner or a priority visitor such as the Ombudsman or an official visitor, is not to be conducted in the presence of a correctional officer, nor audibly recorded.

However, the visit may be visually observed or recorded. This is to ensure that the security and good order of the custodial correctional facility is maintained while also protecting the confidentially, or client legal privilege as the case may be, of the visit.

Division 2 Telephone calls


This clause defines the terms necessary for this division.
This clause allows prisoners to make telephone calls in accordance with the Commissioner’s Directions. The General Manager may prohibit a prisoner from making or receiving a call that is not a legal/priority call, if he or she considers it to be appropriate.

The General Manager can only prohibit a prisoner from making or receiving priority legal call if he or she considers it necessary to maintain the good order and security of the custodial correctional facility.


This clause provides that the General Manager may monitor, by recording or real-time listening, a non-priority/legal call.

The General Manager may only monitor a legal/priority call with the consent of the legal practitioner or the priority visitor. This is to ensure the client legal privilege between a prisoner and practitioner is maintained.

Division 3 Mail


This clause allows a prisoner to send and receive letters and parcels in accordance with the Commissioner’s Directions. While the General Manager can generally prohibit the sending and receiving of mail, he or she cannot prohibit a prisoner from sending or receiving mail that is a protected or legal item.

The General Manager can prohibit a prisoner from sending a protected or legal item if the recipient makes a written request to the General Manager to this effect.


This clause provides that a prisoner’s mail is taken to be part of the prisoner’s personal possessions. This provides a correctional officer with the authority to search a prisoner’s mail, subject to safeguards concerning protected items, legal items and matters pertaining to protected correspondents (Part 3.5 refers).

This clause provides that where mail purporting to be sent by a protected correspondent, such as the Ombudsman or a judge, or a prisoner’s legal practitioner is inspected under clause 154 and found not to have been sent by such a body or person, or contains a thing reasonably believed to be a prohibited thing, the General Manager may inform correctional officers of the item found.

However, if the mail was a protected/legal item then the General Manager must not disclose any information to correctional officers about the contents of the mail other than information that relates to the item believed to be a prohibited thing.


Part 3.3 Leave permits

Division 1 General matters

This clause gives the Commissioner the power to grant leave permits authorising a prisoner’s absence from a custodial correctional facility.

This clause specifies that a permit has effect for the period specified in it (unless otherwise revoked).

This clause sets out the general conditions that apply for all leave permits and allows conditions to be prescribed by regulation or prescribed within the permit itself.

This clause provides that a prisoner on a leave permit remains a prisoner and remains in the lawful custody of the Commissioner.

However, the prisoner ceases to be in lawful custody if he or she fails to comply with the terms and conditions of the permit or fails to return to the custodial facility before the permit expires.

This clause enables the Commissioner to revoke a leave permit at any time. It also sets out circumstances where the permit is automatically revoked.

This clause provides that a prisoner who holds a leave permit and has failed to comply with the conditions of the permit, may be arrested by a correctional officer or police officer and returned to a custodial correctional facility or other appropriate place.

An appropriate place may include their place of residence as specified in an administrative home detention permit.

This clause provides that the Territory is not responsible for maintaining the day to day care of a prisoner on an administrative home detention permit.

If a prisoner is absent from a custodial correction facility under any other leave permit, subject to the terms and conditions set out in the permit, the Territory’s liability to maintain the prisoner is the same as if the prisoner were in a custodial correctional facility.


This clause states that the rules known as the rules of natural justice (including any duty of procedural fairness) do not apply to or in relation to a decision of the Commissioner under this Part.

This clause states that no appeal or review lies against a decision of the Commissioner under this Part.

Division 2 General leave permits


This clause gives the Commissioner the power to grant general leave permits authorising a prisoner’s absence from a custodial correctional facility for certain purposes.

The intention of this clause is to allow the Commissioner to grant leave for short-term or intermittent periods.


This clause requires that an employer of a prisoner on a leave permit must pay the prisoner’s earnings to the Commissioner, to be held in the prisoner’s trust account.

Division 3 Interstate custodial leave permits


This clause defines certain words and expressions used in this Division.
This clause enables the Administrator, by Gazette notice, to declare laws of other jurisdictions to be corresponding laws for the purposes of this Division.
This clause enables the Commissioner to issue interstate leave permits to allow a prisoner to travel interstate for a specified purpose.
This clause provides that an interstate leave permit authorises its holder to be absent from a custodial correctional facility, in the company of an escort, for the purposes specified in the permit (not exceeding 10 days).
This clause enables the Commissioner to appoint, as an escort, any person the Commissioner considers appropriate.
This clause enables the Commissioner to vary or revoke an interstate leave permit.
This clause requires the Commissioner to notify the jurisdictions to, or through which a prisoner is to travel under the authority of an interstate leave permit, of the fact that the permit has been issued.
This clause makes it an offence for a prisoner to contravene any of the conditions of an interstate leave permit.
This clause authorises an interstate escort of another jurisdiction to retain custody, while in the Territory, of a prisoner the subject of an interstate leave permit issued under a corresponding law of that jurisdiction.
This clause authorises a correctional officer or police officer to arrest an interstate prisoner who has escaped the custody of an interstate escort.

Division 4 Foreign legal matters leave permit

This clause enables the Commissioner to authorise the release of a prisoner and to grant a leave of absence to the prisoner for the purpose of traveling to the foreign country to give evidence at a proceeding, or to provide assistance in relation to an investigation.

The authorisation and grant of leave of absence is to be made in writing and the Commissioner may impose any conditions on the authorisation as he or she deems appropriate.

The authorisation to release a prisoner only applies if, under section 26 or 27 of the Mutual Assistance in Criminal Matters Act 1987 (Cth), the Commonwealth Attorney-General makes arrangements for a prisoner to travel to a foreign country to give evidence at a proceeding relating to a criminal matter or provide assistance in relation to an investigation relating to a criminal matter.

Division 5 Administrative home detention permits


This clause defines the term ‘approved residence’.
This clause allows the Commissioner to issue an administrative home detention permit to a qualifying prisoner.

Certain categories of prisoners are not eligible for an administrative home detention permit, for example, any offender who is serving a sentence that includes a non-parole period.

This clause sets out the circumstances on which the order can be made. The Commissioner is allowed to take into consideration the views of members of the community who, in the Commissioner’s opinion, may be affected by the making of the order. The prisoner must consent to the making of the order and the conditions that are applied to the order.
This clause states that the duration of the permit runs from the day the permit is issued, unless a later date is specified, until the prisoner’s release date, unless otherwise revoked.

This clause states that it is compulsory for the permit to include a condition that the prisoner not leave the approved residence unless at times and for periods prescribed by regulations or otherwise authorised by the Commissioner or a probation and parole officer.

This clause provides that Chapter 4, any regulations made under Chapter 4 and clause 197(3,) apply in relation to a prisoner subject to an administrative home detention permit. This allows a probation and parole officer to monitor the prisoner’s compliance with the conditions of the permit.

Part 3.4 Maintaining security and good order – use of force

This clause gives a correctional officer the power to maintain security and good order or a custodial correctional centre.

The clause authorises the correctional officer to use such force as is reasonably necessary. The clause sets out a non-exhaustive list of examples of when the use force may be appropriate.


This clause provides that a correctional officer must not use force if the purpose for which he or she is using force can be achieved by another reasonably practicable method. This ensures that force is used only when other interventions have been exhausted or are not appropriate in the circumstances.

This clause allows the Commissioner to approve firearms, weapons or items of restraint. A correctional officer who lawfully uses force under this Act is permitted to use these authorised items when engaging in conduct subject to clauses 138 and 140.

This clause states that the use of force by correctional officer must, to the extent practicable, be a last resort and the least restrictive method available in the circumstances. The Commissioner must issue Directions relating to the use of force including:

a) the circumstances in which, and by whom, force may be used; and

b) the nature of the force that may be used in those circumstances.


This clause allows a correctional officer or a police officer to arrest, without warrant, a prisoner if the officer reasonably believes the prisoner is unlawfully absent from a custodial correctional facility.

After making the arrest the officer is to return, or arrange for the return of the prisoner to a custodial correctional facility, or another appropriate place, for example a hospital or police station.

A correctional officer who arrests a prisoner under this clause may exercise all the powers and has all the immunities of a police officer under the Police Administration Act.

Part 3.5 General matters about custodial correctional facilities

Division 1 Matters relating to people and things at custodial correctional facility

This clause allows a correctional officer, or an employee of the Agency, to request the name and address of a person on or in the immediate vicinity of a custodial correctional centre facility.

A failure to comply with the request is an offence under this Act. When making the request the officer or employee must inform the person that it is an offence to not comply.

This clause provides that the General Manager of a custodial correctional facility can require a person at the facility, or a person wishing to visit the facility, to provide evidence of their identity or submit to the use of an approved identification system which may include a device that uses biometric information.

If the person does not comply with the requirement the General Manger may refuse the person entre to the facility. The Commissioner has the authority to store or take copies of identification information which may include biometric information or photographic material that is obtained during this process.

The clause states that any person on the premises of a custodial correctional facility must submit to search and screening procedures if requested by the General Manager.

If the person refuses to submit to the request, the General Manager may refuse entry. If, during the search, a correctional officer finds an item that is prohibited or is connected with an offence against this Act, he or she may confiscate the item.


This clause provides that the General Manager of a custodial correctional facility may require a person at the facility, or wishing to visit the facility, to submit to a prescribed drug or alcohol test.

If the person refuses to submit to the test or the presence of alcohol or drugs is detected the General Manager may refuse entry to the person or direct the person to leave the facility.

This clause provides a correctional officer with the power to prevent a person from entering a custodial correctional facility who has:

a) failed to give their name and address;

b) failed to provide evidence of the person’s identity or submit to an approved identification screen;

c) failed to submit to a search whether it be in order to gain entry or while in the facility; or

d) failed to submit to an approved drug or alcohol test or provides a sample and the test reveals the presence of alcohol or drugs.

This clause does not apply to prisoners.


This clause allows a correctional services officer to search a vehicle at a correctional centre if the officer reasonably believes that the vehicle may contain a prohibited thing or something that is connected with an offence against this Act.

The officer has the power to search and confiscate anything that the officer reasonably believes to be a prohibited thing or something that is connected with an offence against this Act. The officer has the power to detain the vehicle for as long as reasonably necessary in order to exercise the power.


This clause provides a correctional officer with the power to search any part of a custodial correctional facility including a prisoner’s cell.

The officer has the power to confiscate an item that he or she reasonably believes is a prohibited thing or something is connection with an offence against this Act.

This clause provides a correctional officer with the power to direct a person who is loitering in the vicinity of a custodial correctional facility to leave the vicinity of the facility if the officer considers it reasonably necessary to ensure the security and good order of the facility.

The officer when making the request must inform the person that it is an offence to not comply with the request.

This clause allows a correctional officer to arrest a person if the officer reasonably believes that a person, at a custodial correctional facility, is committing, has committed or will commit an offence against this or any other Act.

The officer may also arrest a person if he or she reasonably believes that a person in the vicinity of a custodial correctional facility is committing, has committed or will commit if not arrested an offence against this Act. The correctional officer may use the force reasonably necessary to do.

If a person is arrested under this cause, the General Manager must deliver the person to a police officer as soon as practicable after the arrest and may detain the person at the facility until he or she is in the custody of police.

Division 2 Searches, confiscation and confiscated things

The clause defines the necessary terms for this Division and includes definitions for legal item, protected correspondent and protected item.
This clause allows a correctional officer to make use of an electronic or other screening or scanning device, or a correctional services dog, when conducting a search.

This clause relates to the confiscation of legal items or protected items.

A correctional officer must not open a purported legal or protected item. However, the officer may confiscate the purported legal or protected item if he or she reasonably believes that:

a) the item is, or contains, a prohibited item; or

b) the item has not originated from a protected correspondent or legal practitioner or is not intended to be given to a protected correspondent or legal practitioner.

This correctional officer must give the purported legal item to the General Manager, as soon as practicable.

The General Manager must then give the purported legal item to a legal practitioner, who has been nominated by the Minister, for inspection.

In the case of a protected item, the correctional officer must give the item to a member of the Agency, nominated by the General Manager, for inspection. This officer may be the General Manager.


When a purported legal or protected item is given to a nominated person for inspection under clause 153, the person may open and inspect the item to determine if it is a legal or protected item and whether it is, or contains, something that the person reasonably believes may be a prohibited thing.

The person must notify the General Manager of his or her findings in writing and return the items to the General Manager to deal with under clause 155.

The General Manager is to inform the Commissioner of the reasons for confiscation, the findings upon inspection and how the item was dealt with.

This clause provides that if the item is found to be legal/protected item, the item may be returned to the person from whom it was confiscated, or if the item was mail, is to be sent to the recipient or given to the prisoner as the case may be.

However, if the item contains a prohibited thing, the General Manager may remove the prohibited thing (or redact the prohibited parts of the document) and return (or send or deliver) the item to the prisoner or the protected correspondent.

The prohibited thing is to be dealt with under clause 157.

This clause provides that the Minister may nominate a legal practitioner to examine legal items under this Division.

The General Manager may nominate an employee of the Agency to inspect protected items under this Division.
This clause provides that where a correctional officer confiscates a thing under this Act, the officer must give the item to the General Manager of the custodial correctional facility as soon as practicable after confiscating it.

The clause sets out what the General Manager may do with the confiscated thing. If the General Manager seizes the item he or she must give it to the Commissioner to be dealt with under clause 158.

This clause sets out what may be done with a thing seized and given to the Commissioner under clause 157. The Commissioner has the power to give the thing to a law enforcement agency, or return it to the person from whom it was confiscated, or give it to the person who the Commissioner reasonably believes owns the thing, or retain it for forensic or evidentiary purposes in relation to an offence or misconduct against this Act or dispose of the thing.

If the Commissioner disposes of the thing by selling it, he or she must transfer the money received, less the associated costs of selling the item, to the prisoner’s trust account or to the person reasonably believed to be the owner of the thing, as the case may be.

This clause states that where a nominated examiner, General Manager or the Commissioner obtains information as a result of the inspection of a thing that purports to be a protected/legal item, and the information may disclose conduct that is unlawful or may constitute professional misconduct, that information may be disclosed to a relevant law enforcement agency, the relevant professional body, the Minister, a protected correspondent (in certain circumstances) or the Commissioner. This clause is similar to section 51 of the Prisons (Correctional Services) Act.

Division 3 Administrative matters

This clause provides that the General Manager of a custodial correctional facility may, in writing, declare a thing to be a prohibited thing for the facility. The declaration only has effect when a sign is prominently displayed at the entrance of a custodial correctional facility identifying the item as a prohibited thing. This clause ensures that reasonable steps have been taken to notify a person attending a custodial correctional facility that an item is a prohibited thing.
This clause provides that the Commissioner must maintain a trust account for a prisoner. It sets out the parameters for which the Commissioner can use a prisoner’s money. This includes the deduction of funds where a prisoner has requested to attend an approved activity, course or program or to pay for an allowable item.

The balance of a prisoner’s trust fund must be transferred to the prisoner at the expiration of the term of imprisonment or order. If the balance is negative the Commissioner must write off the amount of the balance. The Commissioner must then close the prisoner’s trust account.


This clause provides that the Commissioner may charge a prisoner a fee to recover costs incurred by the Territory in relation to the prisoner, or for providing a service or thing to a prisoner. For example, the Commissioner may charge a fee for providing an educational or therapeutic program if the prisoner requests to undertake a course or program.
This clause allows the Commissioner to accommodate a person in the custody of the sheriff at a custodial correctional facility. The detained person is not a prisoner and as far as practicable is to be detained separate from prisoners.

This clause requires the General Manager of a custodial correctional facility to make copies of the Act, regulations and Commissioner’s Directions available to prisoners to the extent that they relate to the conduct and entitlements of prisoners.

The General Manager does not need to make available Commissioner’s Directions which relate to the security or good order of a correctional centre.

CHAPTER 4 NON-CUSTODIAL OFFENDERS AND COMMUNITY CORRECTIONAL FACILITIES

Part 4.1 Non-custodial offenders


This clause defines the terms necessary for the operation of this Part.

This clause defines non-custodial orders to be a monitoring order or community work order. Monitoring order and non-custodial work order are further defined.

This clause gives the Commissioner the power to approve work projects and rehabilitation programs for the purposes of an ‘approved project’ under section 3 of the Sentencing Act.
This clause enables the Commissioner to approve devices to monitor the location and activities of a non-custodial offender who is subject to a monitoring order.
This clause enables a probation and parole officer to give a non-custodial offender any reasonable direction. The direction may be in relation to the non-custodial offender’s order provided that it does not contradict the order.

If a non-custodial offender fails to comply with a direction given under this clause, the failure is taken to be a breach of the conditions of the non-custodial order.

This clause gives the Commissioner the power to require a non-custodial offender who is subject to a monitoring order to submit to the use, or attachment, of an approved monitoring device to monitor the offender's compliance with a monitoring order.

The Commissioner may require the use of the device independent of any court order.


This clause enables a probation and parole officer to carry out certain actions in order to ensure that a non-custodial offender, who is subject to a monitoring order, is complying with that order.
This clause provides that where an offender does not submit to an approved drug or alcohol test when required to do so, a correctional officer or a police officer may be called upon to take the offender to a place where the sample can be taken or assist the prescribed sampler to obtain the required sample.

In providing this assistance, the correctional officer or police officer may use as much force as is reasonably necessary to enable the test to be conducted.

Part 4.2 Community correctional facilities


This clause allows an employee of the Agency to request the name and address of a person who is on, or in the immediate vicinity of a community correctional facility. When making the request the employee must inform the person that it is an offence to not comply.

The person in charge of a community correctional facility may require a person wishing to enter the facility to provide proof of his or her identity and submit to the use of an approved identification system which may include a device that detects and analyses biometric information. The person in charge of the facility may refuse the person entry if the person fails to comply with the requirement.

The Commissioner has the authority to store or take copies of identification information which may include biometric information or photographic material that is obtained during this process.

CHAPTER 5 GENERAL MATTERS

Part 5.1 Offences

Division 1 Offences relating to prisoners

This clause creates an offence where a prisoner possesses a prohibited thing. This offence carries a maximum penalty of 200 penalty units or 2 years imprisonment.

This offence is not limited to a prisoner in a custodial correction facility. This provision applies even when a prisoner is absent from a correctional centre. The prisoner is not guilty of an offence if he or she has the permission of the General Manager to be in possession of the thing.


This clause prohibits the exchange of a thing between a prisoner and a visitor except with the consent of the General Manager. The offences carry a maximum penalty of 200 penalty units or 2 years imprisonment.

This clause does not apply when a legal practitioner or a priority visitor is visiting a prisoner. A prisoner and their legal practitioner or a priority visitor may exchange, for example, a document during a visit and not be guilty of an offence under this clause.


This clause creates an offence where a person leaves a thing at or near a custodial correctional facility, with the intention of a prisoner gaining possession of the thing. The prisoner does not need to possess the thing for the person to be convicted of the offence. This offence carries a maximum penalty of 200 penalty units or 2 years imprisonment.
This clause establishes an offence for any person to communicate with a prisoner at a custodial correctional facility without the approval of the General Manager of the centre. Reference to a correctional centre includes locations where prisoners are conducting work outside the custodial correctional facility. This provision does not apply to a prisoner’s legal practitioner or a priority visitor. This offence carries a maximum penalty of 200 penalty units or 2 years imprisonment.

Division 2 Offences relating to custodial correctional facility


This clause establishes an offence for any person to enter a custodial correctional facility without the authority to do so. This offence carries a maximum penalty of 200 penalty units or 2 years imprisonment.
This clause establishes an offence for a person to fail to leave a custodial correctional facility when they have been directed to leave. This offence carries a maximum penalty of 50 penalty units or imprisonment for 6 months.

This clause establishes an offence for any person to linger or remain in the vicinity of a custodial correctional facility if a correctional officer has directed the person to leave the vicinity. This offence carries a maximum penalty of 50 penalty units or
6 month imprisonment. For the offence to apply the correctional officer must, when making the request, inform the person that failure to comply is an offence.
This clause establishes an offence for any person to possess prohibited thing in a custodial correctional facility. This offence carries a maximum penalty of 200 penalty units or 2 years imprisonment.

If the person has the consent of the General Manager to be in possession of the prohibited item then the person is not guilty of an offence.

This clause establishes an offence for any person without the permission of the General Manager to remove an item from a custodial correctional facility. This offence carries a maximum penalty of 50 penalty units.
This clause establishes an offence for any person to take a photograph or make a video or audio recording of anything within a custodial correctional facility without the prior consent of the General Manager. This offence carries a maximum penalty of 200 penalty units or 2 years imprisonment. Priority visitors acting in official capacity and legal practitioners (where the photograph or recording is subject to client legal privilege) are exempt from this offence.
This clause allows a correctional officer, or an employee of the Agency, to request the name and address of a person on or in the immediate vicinity of a correctional centre. It is an offence to fail to comply with the request. The offence is punishable by up to 6 months imprisonment and or 50 penalty units. For the offence to apply the officer or employee must, when making the request, inform the person that failure to comply is an offence.

Division 3 Administration related offences


This clause establishes an offence for any person to impersonate a correctional services officer with the intention to deceive another person. This offence carries a maximum penalty of 200 penalty units or 2 years imprisonment.
This clause establishes an offence for any person to hinder, obstruct or resist a correctional services officer in the performance of his or her functions under this Act. This offence carries a maximum penalty of 200 penalty units or 2 years imprisonment.
This clause establishes an offence for any person to intentionally give misleading information or documentation to a correctional services officer. No offence is committed if the person draws the officer’s attention to the misleading aspect of the document. This offence carries a maximum penalty of 200 penalty units or 2 years imprisonment.
This clause makes it an offence to disclose information in the course of performing functions under this Act. The clause defines when information may be disclosed without such disclosure being an offence. The offence is punishable by up to 2 years imprisonment and 200 penalty units.

Division 4 Miscellaneous offences


This clause allows employee of the Agency to request the name and address of a person on or in the immediate vicinity of a community correctional facility. It is an offence to fail to comply with the request. The offence is punishable by up to
6 months imprisonment and/or 50 penalty unit fine. For the offence to apply the employee must when making the request inform the person that failure to comply is an offence.
This clause creates an offence if a person tampers with a sample of breath or a bodily substance given or taken for the purpose of a drug or alcohol test. The offence is punishable by up to 2 years imprisonment or a 200 penalty unit fine.

This clause establishes an offence for a prisoner or parolee to change their name without the approval of the Commissioner. This offence is consistent with the offence established under the Serious Sex Offenders Act. This offence carries a maximum penalty of 50 penalty units or 6 month imprisonment. It is defence to a prosecution of the offence if the defendant establishes a reasonable excuse.
This clause makes it an offence to intentionally harm, injure or kill a correctional services dog. The offence is punishable by up to 2 years imprisonment and or 200 penalty units. It is defence to a prosecution of the offence if the defendant establishes a reasonable excuse.

If a person is found guilty of this offence the person may be ordered to pay the Territory a reasonable amount for the treatment, care, re-training and rehabilitation of the dog or if necessary to replace the dog, the cost of acquiring and training a replacement dog.

Part 5.2 Miscellaneous matters

Division 1 Administrative matters


This clause provides the Commissioner with the power to approve identification systems which may include a device that uses biometric information.

This clause allows for regulations to prescribe the drug and alcohol tests that are to be used under this Act.

This clause also states that when a person is required to submit to a prescribed test, the person must give or allow the prescribed sampler to take a sample of breath or the required bodily substance that is sufficient for the purpose of conducting the test.

This clause enables the Commissioner to request that the Commissioner of Police provide a report on the criminal history of:

a) an offender;

b) a correctional services officer or person applying to be a correctional services officer;

c) a person employed in the agency or person applying for employment in the Agency;

d) a volunteer or a person applying to be a volunteer; or

e) an official visitor or person applying to be an official visitor.

Furthermore, to the extent that it is necessary for the care, protection or management of an offender the Commissioner may disclose the information in the report to a person having the care control and management of an offender. These persons may include the prisoner’s employer under an external work program or a community service provider.


This clause requires the Commissioner to keep certain records.
This clause enables the Territory to recover the cost of repair or replacement due to damage or destruction by an offender to correctional services property. This includes any damage to an approved monitoring device and associated equipment or anything at a correctional services establishment.

Division 2 Legal matters


This clause provides that various persons with statutory roles under the Act are not civilly or criminally liable for an act done or omitted to be done by the person in good faith in exercising a power or function under the Act.
This clause provides that only the Commissioner or person authorised by the Minister may commence proceedings for an offence against this Act.

The clause provides for a 6 month time limit for bringing criminal proceedings against correctional services officers for offences against the Act, commencing from the date the offence was committed, or the date the offence came to the complainant’s knowledge.


This clause replicates section 94C(7) of the Prisons (Correctional Services) Act and states that a certificate signed by a prescribed certifier stating matters relating to a certifiable matter, is evidence of the matters stated in the certificate and the facts on which they are based.

This clause provides that civil proceedings must commence not more than 6 months after the act or omission occurred. This clause expressly states that a court is not prevented from exercising its jurisdiction under section 44 of the Limitations Act.
This clause provides that if the operation of this Act would result in the acquisition of property from a person otherwise than on just terms, the person is entitled to receive from the Territory the compensation necessary to ensure the acquisition is on just terms.

A court of competent jurisdiction may decide the amount of compensation or make orders it considers necessary to ensure the acquisition on just terms.

Division 3 Miscellaneous matters

This clause states that a correctional officer conducting training in relation to dangerous drugs under Part VIA of the Police Administration Act is taken to be a police officer.
This clause allows the Commissioner to issue written directions relating to the internal management and the maintenance of security and good order of correctional services establishments and offenders.
The Commissioner may approve forms for use under this Act.

This clause specifies matters for which the regulations may provide for the purposes of the proposed Act.

CHAPTER 6 REPEALS AND TRANSITIONAL PROVISIONS

Part 6.1 Repeal


This clause identifies the schedule of Acts to be repealed.

Part 6.2 Transitional provisions for Correctional Services Act 2014


This clause defines term necessary for this Part.
This clause provides transitional provisions for prisons and police prisons, namely each place, premises or institution that was a prison under the repealed Act immediately before commencement of this Act, is a correctional centre under clause 12 and a police custody centre under clause 13.
This clause provides transitional provisions for the Director of Correctional Services, officer in charge of a prison, prison officers, parole officers, probation officers and surveillance officers.
This clause provides transitional provisions for official visitors, namely anyone who was an official visitor to a prison under the repealed Act, immediately before commencement of this Act, becomes an official visitor under clause 26.
This clause provides transitional provisions for conduct that constitutes misconduct and proceedings for the charge.
This clause notes that, for Part 3.1 Division 3 of the Act, a reference to conduct engaged in by the prisoner, includes conduct engaged in before the commencement date, unless a charge of misconduct was made under the repealed Act.
This clause provides transitional provisions for a leave of absence and ensures forms of leave under the repealed Act are in force under the corresponding provisions of this Act.
This clause provides transitional provisions for a prisoner’s trust account and ensures any money held on account under the repealed Act, constitutes the opening balance of the prisoner’s trust account under this Act.
This clause provides transitional provisions for Director’s determinations and ensures any determination in force under the repealed Act becomes a Commissioner’s Direction under section 205.
This clause provides transitional provisions for the Prisons (Correctional Services) (Community Orders) Regulations. The regulations as in force immediately before the commencement of this Act apply and expire on 1 July 2016 (if not revoked or repealed sooner).
This clause provides that if the repealed Act provided for a statutory instrument and the new Act provides for a similar instrument to be made and the statutory instrument made under the repealed Act was in force immediately prior to commencement, that statutory instrument becomes an instrument under the provision of this Act. The clause notes that all statutory instruments to which this clause applies will expire on 1 July 2016 if not revoked on an earlier date.
This clause provides transitional provisions for powers or functions (or substantially similar powers or functions) for ongoing things.
This clause provides transitional provisions for court order and warrants of commitment.
This clause provides transitional provisions for a person who is a prisoner under the repealed Act.
This clause provides transitional provisions for confidential information.
This clause states that a regulation may provide for a matter of a transitional nature.

 

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