South Australian Current Acts

CORRECTIONAL SERVICES ACT 1982

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Objects and guiding principles
   4.      Interpretation
   4A.     Appointment of officers of Department
   5.      Victims Register
   6.      Criminal intelligence

   PART 2--Correctional services

           Division 1--Administration

   7.      Power of Minister and CE to delegate
   8.      Use of volunteers in the administration of this Act
   9.      CE's annual report

           Division 3--Visiting Tribunals

   17.     Establishment of Visiting Tribunals

           Division 4--Community service administration

   17A.    Establishment of community service centres
   17D.    Insurance cover to be provided by Minister

           Division 5--Probation hostels

   17E.    Establishment of probation hostels

   PART 3--Correctional institutions

           Division 1--Establishment of correctional institutions

   18.     Governor may proclaim premises to be a prison or police prison
   19.     Correctional institutions to be under the control of the Minister

           Division 2--Official visitors

   19A.    Preliminary
   19B.    Review
   20.     Official visitors
   20A.    Independence
   20B.    Remuneration
   20C.    Staff and resources
   20D.    Functions of official visitors
   20E.    Provision of information to official visitor
   20F.    Requests to contact official visitor
   20G.    Reporting obligations of official visitor
   20H.    Confidentiality of information
   20I.    Offences
   20J.    Conflict of interest

   PART 4--Imprisonment

           Division 1--Admission and assignment of prisoners

   21A.    Documentation to be presented upon admission of a prisoner to a correctional institution
   22.     Assignment of prisoners to particular correctional institutions

           Division 3--Assessment of prisoners

   23.     Initial and periodic assessment of prisoners

           Division 4--Custody of prisoners

   24.     CE has custody of prisoners

           Division 5--Transfer and leave of absence of prisoners

   25.     Transfer of prisoners
   26.     Prisoner may be temporarily detained in any other prison etc while in transit
   27.     Leave of absence from prison
   27A.    Interstate leave of absence
   28.     Removal of prisoner for criminal investigation, attendance in court etc

           Division 6--Management of prisoners

   29.     Work by prisoners
   30.     Prison education
   31.     Prisoner allowances and other money
   32.     CE may sell items of personal use to prisoners
   32A.    Prisoner Amenity Account
   33.     Prisoners' mail
   33A.    Prisoners' goods
   34.     Prisoners' rights to have visitors
   35.     Prisoners' rights to access to legal aid and legal services
   35AA.   Assistance to make certain complaints
   35A.    Power to monitor or record prisoner communication
   36.     Power to keep prisoner apart from other prisoners
   36A.    Restraints to be used on prisoners in certain circumstances
   37.     Search of prisoners
   37AA.   Drug testing of prisoners

           Division 6A--Home detention

              Subdivision 1--Release on home detention by CE

   37A.    Release on home detention
   37C.    Revocation of release

              Subdivision 2--General

   37CA.   Home detention officers
   37D.    Crown not liable to maintain prisoners on home detention

           Division 7--Release of prisoners from prison or home detention

   38.     Release of prisoner from prison or home detention
   39.     Time of release from prison
   39A.    Delivery of property and money to prisoner on release
   39B.    Manner in which former prisoner's personal property is to be dealt with
   39C.    Certain prohibited items not to be returned to prisoners

   PART 5--Offences

           Division 1--Powers of Visiting Tribunals

   41.     Powers of Visiting Tribunals
   42.     Immunity from liability of persons who constitute Visiting Tribunals

           Division 2--Breaches of regulations

   42A.     Minor breach of prison regulations
   43.      CE may deal with breach of prison regulations
   44.      CE may refer matter to Visiting Tribunal
   45.     Procedure at inquiry
   46.     Appeals against penalty imposed by CE
   47.     Appeals against orders of Visiting Tribunals
   48.     Summary Procedure Act does not apply to proceedings under this Division

           Division 3--Criminal offences

   49.     Disrupting security or order
   49A.    Possession of certain items by prisoners

           Division 4--Prisoners at large

   50.     Effect of prisoner being at large
   50A.    Prisoner must comply with conditions to which temporary leave of absence is subject
   51.     Offences by persons other than prisoners
   52.     Power of arrest

   PART 6--Parole

           Division 1--The Parole Board

   55.     Continuation of Parole Board
   56.     Term of office of members
   57.     Allowances and expenses
   58.     Removal from and vacancies of office
   59.     Deputies
   60.     Proceedings of the Board
   60A.    Validity of acts of Board
   61.     Judicial notice of Board documents
   62.     Appointment of secretary to the Board
   63.     Powers of the Board
   64.     Reports by Board

           Division 3--Release on parole

   66.     Automatic release on parole for certain prisoners
   67.     Release on parole by application to Board
   68.     Conditions of release on parole
   68A.    Board may direct person to surrender firearm etc
   69.     Duration of parole
   71.     Variation or revocation of parole conditions
   72.     Discharge from parole of prisoners other than life prisoners
   74.     Board may take action for breach of parole conditions
   74AAA.  Board may suspend release on parole or take other action for certain breaches of parole conditions
   74AA.   Board may impose community service for breach of conditions
   74A.    Suspension of parole while serving imprisonment for offence committed before release on parole
   74B.    Suspension of parole if person becomes a terror suspect
   75.     Automatic cancellation or suspension of parole on imprisonment for offence committed while on parole
   76.     Apprehension etc of parolees on Board warrant
   76A.    Apprehension etc of parolees on application of CE
   76B.    Arrest of parolee by police officer
   77.     Proceedings before the Board
   77AA.   Special procedures for terror suspects

           Division 4--Review of release on parole of certain prisoners

              Subdivision 1--Preliminary

   77A.    Interpretation

              Subdivision 2--Parole Administrative Review Commissioner

   77B.    Appointment of Commissioner
   77C.    Acting Commissioner
   77D.    Staff

              Subdivision 3--Reviews by Commissioner

   77E.    Right of review of Board decision to release life prisoners on parole etc
   77F.    Effect of review proceedings on Board's decision
   77G.    Proceedings to be heard in private
   77H.    Board to assist Commissioner
   77I.    Parties
   77J.    Compulsory conferences for prescribed reviewable decisions
   77K.    Powers and procedures of Commissioner
   77L.    Commissioner to proceed expeditiously

              Subdivision 4--Other matters

   77M.    Immunity from liability
   77N.    Privilege and public interest immunity not affected
   77O.    Confidentiality of information
   77P.    Proof of decision of Commissioner

   PART 6A--Management of officers, employees of Department etc

   77Q.    Preliminary
   77R.    Investigative powers of CE
   77S.    Removal and reassignment of duties of officer or employee working in correctional institution

   PART 7--Prisoner compensation quarantine funds

           Division 1--Preliminary

   78.     Interpretation
   79.     Application

           Division 2--Award of damages to prisoners

   80.     Agreements must be approved by court
   81.     Determination of amounts for medical and legal costs
   81A.    Matters to be considered by court

           Division 3--Payment of money to prisoner compensation quarantine fund

   81B.    Damages awarded to prisoner to be paid to prisoner compensation quarantine fund
   81C.    Prisoner compensation quarantine funds

           Division 4--Notice of prisoner compensation quarantine fund

   81D.    Victim may ask to be notified of award of damages to prisoner
   81E.    Notice to victims to be published
   81F.    Applications for information
   81G.    Disclosure of information by CE authorised
   81H.    Confidentiality of information
   81I.    Offence to disclose information
   81J.    Notice to CE by victim
   81K.    Notice to CE by creditors

           Division 5--Payments out of prisoner compensation quarantine fund

   81L.    Payments out of fund where legal proceedings notified
   81M.    Payments out of fund where notice from creditor received
   81N.    Restriction not to affect payment of administration costs
   81O.    Payments out of fund where no notice given
   81P.    Payments taken to be payments at direction of prisoner
   81Q.    When are legal proceedings finally determined?

           Division 6--Miscellaneous

   81R.    Offence to provide false or misleading information

   PART 7A--Drug and alcohol testing scheme

   81S.    Interpretation
   81T.    Drug and alcohol testing of officers and employees
   81U.    Drug and alcohol testing of applicants to Department
   81V.    Drug and alcohol testing of other persons
   81W.    Procedures for drug and alcohol testing
   81X.    Biological samples, test results etc not to be used for other purposes

   PART 8--Miscellaneous

   82.     Unauthorised dealings with prisoners prohibited
   83.     CE may make rules
   84.     Compliance with the execution of process
   85.     Execution of warrants
   85A.    Exclusion of persons from correctional institution
   85B.    Power of search and arrest of non-prisoners
   85C.    Confidentiality
   85CA.   Disclosure of health information
   85CB.   Disclosure of information relating to criminal history
   85D.    Release of information to eligible persons
   85E.    Confidentiality of biometric data
   86.     Prison officers may use reasonable force in certain cases
   86AA.   Prohibition on use of spit hoods
   86A.    Prison officer may carry prescribed weapon
   86B.    Use of correctional services dogs
   87.     Certain persons may enter and inspect correctional institutions
   87A.    Operation of remotely piloted aircraft
   87B.    Remotely piloted aircraft--special powers
   88.     Minister may acquire land
   88A.    Summary offences
   88B.    Evidentiary provision
   89.     Regulations
           SCHEDULE 1--Application of Truth in Sentencing Act amendments
           Legislative history