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CORRECTIONS ACT 1986 - SECT 6K

Persons detained under arrangement to be managed under this Act

    (1)     Subject to this Part, a person who is detained in prison under an arrangement mentioned in section 6J is to be managed under this Act.

    (2)     The person must be treated in a way that is appropriate to the person's status as a person not serving a sentence of imprisonment, subject to any reasonable requirements necessary to maintain one or more of the following—

        (a)     the management, security or good order of the prison;

        (b)     the safe custody and welfare of the person or other prisoners;

        (c)     the safety and protection of the community.

    (3)     Except as provided in subsection (4), the person must not be accommodated or detained in the same area or unit of the prison as persons serving custodial sentences.

    (4)     The person may be accommodated or detained in the same area or unit of the prison as persons serving custodial sentences if—

        (a)     it is reasonably necessary for the purposes of rehabilitation, treatment, work, education or general socialisation or for related purposes; or

        (b)     it is necessary for the safe custody or welfare of the person or other prisoners or the security or good order of the prison; or

        (c)     the person has elected to be so accommodated or detained; or

        (d)     it is reasonably necessary for the safety and protection of the community.

    (5)     This section does not apply to the person if the person is serving a sentence of imprisonment.

S. 6L inserted by No. 35/2020 s. 47.



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