South Australian Current Acts

CORRECTIONAL SERVICES ACT 1982 - SECT 85A

85A—Exclusion of persons from correctional institution

        (1)         Despite any other provision of this Act—

            (a)         if the manager of a correctional institution believes on reasonable grounds that a person lawfully attending the institution in any capacity (other than a member of the staff of the institution) is interfering with or is likely to interfere with the good order or security of the institution, the manager—

                  (i)         may cause the person to be refused entry to or removed from the institution, using only such force as is reasonably necessary for the purpose; and

                  (ii)         may, in the case of a person who visits or proposes to visit a prisoner under section 34, by written order, exclude the person from the institution until further order or for a specified period; and

            (b)         if a person to whom this paragraph applies—

                  (i)         enters or proposes to enter a correctional institution; or

                  (ii)         visits or proposes to visit a prisoner in a correctional institution under section 34,

the CE may, by written order, direct that the person be excluded from a specified correctional institution, all correctional institutions of a specified class, or all correctional institutions, until further order or for a specified period.

        (1a)         Paragraph (b) of subsection (1) applies to a person who the CE believes on reasonable grounds—

            (a)         is interfering with or is likely to interfere with the good order or security of a correctional institution; or

            (b)         is a member of a criminal organisation, or associates with, or has associated with, a member of a criminal organisation.

        (1b)         Despite paragraph (b) of subsection (1), the CE may permit a person the subject of an order under that paragraph to visit a prisoner under section 34 (either on a particular occasion or on a regular basis (as the CE considers appropriate)).

        (2)         An order under subsection (1)(a) may be varied or revoked by the manager of the correctional institution and an order under subsection (1)(b) may be varied or revoked by the CE.

        (3)         The manager of a correctional institution may cause any person who is attempting to enter or is in the institution in contravention of an order under this section to be refused entry to or removed from the institution, using only such force as is reasonably necessary for the purpose.