New South Wales Consolidated Regulations

CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 131

131 Use of force in dealing with inmates

(1) In dealing with an inmate, a correctional officer may use no more force than is reasonably necessary in the circumstances, and the infliction of injury on the inmate is to be avoided if at all possible.

(2) The nature and extent of the force that may be used in relation to an inmate are to be dictated by circumstances, but must not exceed the force that is necessary for control and protection, having due regard to the personal safety of correctional officers and others.

(3) If an inmate is satisfactorily restrained, the only force that may be used against the inmate is the force that is necessary to maintain that restraint.

(4) Subject to subclauses (1)-(3), a correctional officer may have recourse to force for the following purposes--

(a) to search, if necessary, an inmate or to seize a dangerous or harmful article,

(b) to prevent the escape of an inmate,

(c) to prevent an unlawful attempt to enter a correctional centre by force or to free an inmate,

(d) to defend himself or herself if attacked or threatened with attack, but only if the officer cannot otherwise protect himself or herself from harm,

(e) to protect other persons (including correctional officers, departmental officers, inmates and members of the public) from attack or harm, but only if there are no other immediate or apparent means available for their protection,

(f) to avoid an imminent attack on the correctional officer or some other person, but only if there is a reasonable apprehension of an imminent attack,

(g) to prevent an inmate from injuring himself or herself,

(h) to ensure compliance with a proper order, or maintenance of discipline, but only if an inmate is failing to co-operate with a lawful correctional centre requirement in a way that cannot otherwise be adequately controlled,

(i) to move inmates who decline or refuse to move from one location to another in accordance with a lawful order,

(i1) to allow a medical practitioner to carry out medical treatment on an inmate in accordance with section 73 of the Act,

(i2) to allow treatment (including any medication) to be given to an inmate in accordance with section 84 of the Mental Health Act 2007 ,

(j) to achieve the control of inmates acting defiantly,

(k) to avoid imminent violent or destructive behaviour by inmates,

(l) to restrain violence directed towards the correctional officer or other persons by an uncontrollable or disturbed inmate,

(m) to prevent or quell a riot or other disturbance,

(n) to deal with any other situation that has a degree of seriousness comparable to that of the situations referred to in paragraphs (a)-(m).

(5) Subclause (4) does not limit the operation of any law with respect to the force that may be used to effect an arrest.