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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Correctional Services (Miscellaneous) Amendment
Bill 2011
A BILL FOR
An Act to amend the Correctional
Services Act 1982; and to make a related amendment to the Summary
Offences Act 1953.
Contents
Part 1—Preliminary
1Short title
2Commencement
3Amendment
provisions
Part 2—Amendment of Correctional
Services Act 1982
4Amendment of section
4—Interpretation
5Amendment of section 5—Victims
Register
6Amendment of section 7—Power of Minister
and CE to delegate
7Amendment of section 9—CE's annual
report
8Amendment of section 22—Assignment of
prisoners to particular correctional institutions
9Amendment of
section 23—Initial and periodic assessment of prisoners
10Amendment of section 24—CE has custody
of prisoners
11Amendment of section 25—Transfer of
prisoners
12Amendment of section 27—Leave of absence
from prison
13Amendment of section 27A—Interstate
leave of absence
14Amendment of section 28—Removal of
prisoner for criminal investigation, attendance in court etc
15Amendment of section 29—Work by
prisoners
16Amendment of section 30—Prison
education
17Amendment of section 31—Prisoner
allowances and other money
18Substitution of section
32
32CE
may sell items of personal use to prisoners
32APrisoner Amenity
Account
19Amendment of section 33—Prisoners'
mail
20Amendment of section 33A—Prisoners'
goods
21Amendment of section 34—Prisoners'
rights to have visitors
22Insertion of section
35A
35APower to monitor or
record prisoner communication
23Amendment of section
36—Power to keep prisoner apart from other prisoners
24Amendment of section 37—Search of
prisoners
25Amendment of section 37AA—Drug testing
of prisoners
26Amendment of section 37A—Release on home
detention
27Amendment of section 37B—Authorised
officers
28Amendment of section 37C—Revocation of
release
29Amendment of section 38—Release of
prisoner from prison or home detention
30Amendment of
section 39A—Delivery of property and money to prisoner on
release
31Amendment of section 39B—Manner in which
former prisoner's personal property is to be dealt with
32Amendment of section 42A—Minor breach of
prison regulations
33Amendment of section 43—CE may deal with
breach of prison regulations
34Amendment of section
44—CE may refer matter to Visiting Tribunal
35Amendment of
section 45—Procedure at inquiry
36Amendment of
section 46—Appeal against penalty imposed by CE
37Repeal of section 49
38Amendment of section 50A—Prisoner must
comply with conditions to which temporary leave of absence is subject
39Amendment of section 51—Offences by
persons other than prisoners
40Amendment of section
66—Automatic release on parole for certain prisoners
41Amendment of section 67—Release on
parole by application to Board
42Amendment of section
68—Conditions of release on parole
43Amendment of
section 71—Variation or revocation of parole conditions
44Amendment of section 72—Discharge from
parole of prisoners other than life prisoners
45Repeal of section
73
46Amendment of section 74—Cancellation of
release on parole by Board for breach of conditions
47Amendment of section 74AA—Board may
impose community service for breach of conditions
48Amendment of
section 75—Automatic cancellation of parole on imprisonment for
offence committed while on parole
49Substitution of section
76
76Apprehension etc of
parolees on Board warrant
76AApprehension etc of parolees on warrant of
CE
76BArrest of
parolee by police officer
50Amendment of section
77—Proceedings before Board
51Amendment of section
82—Unauthorised dealings with prisoners prohibited
52Amendment of section 83—CE may make
rules
53Substitution of section
84
84Compliance with the
execution of process
54Amendment of section
85—Execution of warrants
55Amendment of section
85A—Exclusion of persons from correctional institution
56Amendment of section 85B—Power of search
and arrest of non-prisoners
57Amendment of section
85C—Confidentiality
58Insertion of section
85CA
85CADisclosure of
health information
59Amendment of section 85D—Release of
information to registered victims etc
60Amendment of
section 86—Prison officers may use reasonable force in certain
cases
61Insertion of sections 86A and
86B
86APrison officer may
carry prescribed weapon
86BUse of correctional services dogs
62Amendment of section 88B—Evidentiary
provisions
63Amendment of section
89—Regulations
Part 1—Amendment of
Summary Offences Act 1953
1Amendment of
section 15—Offensive weapons etc
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Correctional Services (Miscellaneous)
Amendment Act 2011.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Correctional Services
Act 1982
4—Amendment
of section 4—Interpretation
(1) Section 4(1), definition of the Chief Executive
Officer—delete the definition and substitute:
CE means the person holding or acting in the position of
chief executive of the Department;
(2) Section 4(1)—after the definition of correctional
institution insert:
correctional services dog means a dog that has completed
training of a kind approved by the CE for the purposes of this Act;
(3) Section 4(1), definition of designated
condition—delete the definition
(4) Section 4(1)—after the definition of prisoner
insert:
probation and parole hostel means premises declared by the
Minister under section 17E to be a probation and parole hostel;
5—Amendment
of section 5—Victims Register
Section 5—delete "Chief Executive Officer" wherever occurring
and substitute in each case:
CE
6—Amendment
of section 7—Power of Minister and CE to delegate
Section 7—delete "Chief Executive Officer" wherever occurring
and substitute in each case:
CE
7—Amendment
of section 9—CE's annual report
Section 9(1)—delete "Chief Executive Officer" and
substitute:
CE
8—Amendment
of section 22—Assignment of prisoners to particular correctional
institutions
Section 22—delete "Chief Executive Officer" wherever occurring
and substitute in each case:
CE
9—Amendment
of section 23—Initial and periodic assessment of
prisoners
Section 23—delete "Chief Executive Officer" wherever occurring
and substitute in each case:
CE
10—Amendment
of section 24—CE has custody of prisoners
Section 24—delete "Chief Executive Officer" wherever occurring
and substitute in each case:
CE
11—Amendment
of section 25—Transfer of prisoners
Section 25—delete "Chief Executive Officer" wherever occurring
and substitute in each case:
CE
12—Amendment
of section 27—Leave of absence from prison
(1) Section 27—delete "Chief Executive Officer" wherever
occurring and substitute in each case:
CE
(2) Section 27(4)—delete "member of the police force" and
substitute:
police officer
13—Amendment
of section 27A—Interstate leave of absence
(1) Section 27A—delete "Chief Executive Officer" wherever
occurring and substitute in each case:
CE
(2) Section 27A(2)(c)(ii)—delete "member of the police force"
and substitute:
police officer
14—Amendment
of section 28—Removal of prisoner for criminal investigation, attendance
in court etc
(1) Section 28(2)—delete "manager of the correctional
institution in which the prisoner is being detained" and substitute:
CE
(2) Section 28(4)—delete subsection (4) and
substitute:
(4) If a prisoner—
(a) has been charged with an offence; or
(b) is suspected of—
(i) having committed an offence; or
(ii) having knowledge or information that might assist in the prevention
or investigation of an offence,
the CE must, at the request of a police officer, release the prisoner into
the custody of the police officer for the purposes of investigation of the
offence, obtaining evidence as to the commission of the offence or identifying
the prisoner as the person who committed the offence, in accordance with
law.
15—Amendment
of section 29—Work by prisoners
(1) Section 29(1)—delete "manager" and substitute:
CE
(2) Section 29(2)—delete "manager" wherever occurring and
substitute in each case:
CE
(3) Section 29(4)—delete "A manager" and substitute:
The CE
(4) Section 29(5)—delete "manager" and substitute:
CE
16—Amendment
of section 30—Prison education
Section 30—delete "Chief Executive Officer" wherever occurring
and substitute in each case:
CE
17—Amendment
of section 31—Prisoner allowances and other money
(1) Section 31(1)—delete "Minister with the approval of the
Treasurer" and substitute:
CE
(2) Section 31(2)—delete "Minister with the approval of the
Treasurer" and substitute:
CE
(3) Section 31(2a)—delete "Minister" and substitute:
CE
(4) Section 31(2a)—delete ", at rates approved by the
Treasurer,"
(5) Section 31(2a)—delete "manager of the prison" and
substitute:
CE
(6) Section 31(3)—delete "Minister" and substitute:
CE
(7) Section 31(4)—delete "manager of the prison" and
substitute:
CE
(8) Section 31(4a)—delete "manager of a prison" and
substitute:
CE
(9) Section 31(4b)—delete "manager of the prison" and
substitute:
CE
(10) Section 31(5)—delete "Minister" and substitute:
CE
(11) Section 31(5a)—delete "The manager of a correctional
institution" and substitute:
Subject to subsections (5b) and (5c), the CE
(12) Section 31—after subsection (5a) insert:
(5b) A person who has
been released from prison may not, without the approval of the CE, within a
period of 12 months of release from prison, give money to a prisoner or
deposit money in any account kept in the name of a prisoner.
(5c) If a prisoner receives money in contravention of
subsection (5b), the
CE must make reasonable efforts to return the money to the person who made the
payment.
(13) Section 31(6)—delete "manager of a correctional
institution may, on the direction of the Chief Executive Officer," and
substitute:
CE may
(14) Section 31(6)—delete "Chief Executive Officer" second
occurring and substitute:
CE
(15) Section 31(6a)—delete "manager of a correctional
institution" and substitute:
CE
(16) Section 31(6a)—delete "manager" second occurring and
substitute:
CE
(17) Section 31(6a)—delete "calculated in accordance with the
Minister's directions" and substitute:
determined by the CE
(18) Section 31(6c)—delete "manager" and substitute:
CE
(19) Section 31(7)—delete "manager of the correctional
institution" and substitute:
CE
(20) Section 31(7)—delete "manager" second occurring and
substitute:
CE
Section 32—delete the section and substitute:
32—CE may sell items of personal use to
prisoners
(1) The CE may sell any items of personal use or consumption that the CE
thinks fit to prisoners.
(2) Withdrawals of money from any account held in the name of a prisoner,
at the discretion of the CE in accordance with section 31, may be made for
the purchase of items for sale under this section.
(a) in selling items under this section, to set prices that, in the
opinion of the CE, reflect the costs associated with selling the items;
and
(b) if a surplus arises
from time to time in selling items under this section, to retain the surplus and
deposit it in the account established under
section 32A.
32A—Prisoner Amenity Account
(1) The Prisoner Amenity Account is established.
(2) The CE will be responsible for the administration of the
account.
(3) The account will consist of—
(a) any surplus deposited from time to time under
section 32(3)(b);
and
(b) any other money that the CE thinks may be appropriately deposited in
the account from time to time.
(4) The CE may apply any money standing to the credit of the account
towards the provision of amenities to prisoners.
19—Amendment
of section 33—Prisoners' mail
(1) Section 33—delete "the manager" wherever occurring and
substitute in each case:
the CE
(2) Section 33(4)—delete "A manager" and substitute:
The CE
(3) Section 33(7)—after paragraph (b) insert:
(ba) to the Health and Community Services Complaints Commissioner;
or
(4) Section 33(10)(c)—after "money" insert:
, subject to subsection (10a)
(5) Section 33—after subsection (10) insert:
(10a) If a sum of money referred to in subsection (10)(c) is in a
letter sent to a prisoner by a person who has been released from prison within a
period of 12 months before the date of receipt of the letter, the CE must
return the money to the sender.
(6) Section 33(12)—delete "The manager" and
substitute:
The CE
(7) Section 33(14), definition of authorised
officer—delete "Chief Executive Officer" and substitute:
CE
20—Amendment
of section 33A—Prisoners' goods
Section 33A—delete "Chief Executive Officer" wherever occurring
and substitute in each case:
CE
21—Amendment
of section 34—Prisoners' rights to have visitors
(1) Section 34(1)—delete "A prisoner" and substitute:
Subject to this section, a prisoner
(2) Section 34(2)—delete "A remand prisoner" and
substitute:
Subject to this section, a remand prisoner
(3) Section 34(3)—delete "The manager of a correctional
institution" and substitute:
The CE
(4) Section 34(3)(b)—delete "the manager" wherever occurring
and substitute in each case:
the CE
(5) Section 34—after subsection (3) insert:
(4) The following restrictions apply to a visit to a prisoner (including a
remand prisoner) under this section:
(a) a person may not visit a prisoner unless the person provides such
evidence as the CE thinks appropriate as to the person's identity;
(b) a person who visits a prisoner may see and speak with the prisoner but
is not permitted to touch the prisoner, unless the visit is part of a contact
visiting program approved by the CE;
(c) a person who has been released from prison may not, without the
approval of the CE, within a period of 12 months of the person's release
from prison, visit a prisoner;
(d) a person under the age of 16 years may not, without the approval
of the CE, visit a prisoner if any part of the imprisonment for which the
prisoner was sentenced is in relation to a child sexual offence.
After section 35 insert:
35A—Power to monitor or record prisoner
communication
(1) Subject to this section, the CE may monitor or record a communication
between a prisoner and another person.
(2) The parties to a communication that may be monitored or recorded must,
at the commencement of the communication, be informed of that fact.
(3) The CE must not
monitor or record a communication between a prisoner and—
(a) a legal practitioner who represents the prisoner; or
(b) the Ombudsman; or
(c) the Health and Community Services Complaints Commissioner;
or
(d) a person or body of a class designated by the CE.
(4) The exemption under
subsection (3) applies
only if the CE has, before the communication occurs, authorised the
communication.
(5) If a communication monitored or recorded under this section reveals
information about an offence, the CE must give the information to the
Commissioner of Police.
(6) In this section—
communication includes conversation and a message, and any
part of a conversation or message, whether—
(a) in the form of—
(i) speech, music or other sounds; or
(ii) data; or
(iii) text; or
(iv) visual images, whether or not animated; or
(v) signals; or
(b) in any other form or in any combination of forms.
23—Amendment
of section 36—Power to keep prisoner apart from other
prisoners
Section 36—delete "Chief Executive Officer" wherever occurring
and substitute in each case:
CE
24—Amendment
of section 37—Search of prisoners
(1) Section 37(1)—delete "manager of a correctional
institution" and substitute:
CE
(2) Section 37(1)(a)—delete "the correctional institution" and
substitute:
a correctional institution
(3) Section 37(1)(b)—delete "manager" and substitute:
CE
(4) Section 37(1a)—delete "manager of a correctional
institution" and substitute:
CE
(5) Section 37(1a)—delete "manager" second occurring and
substitute:
CE
(6) Section 37(1a)(a)—before "institution" first occurring
insert:
correctional
25—Amendment
of section 37AA—Drug testing of prisoners
(1) Section 37AA—delete "Chief Executive Officer" wherever
occurring and substitute in each case:
CE
(2) Section 37AA(1)—delete "manager of a correctional
institution" and substitute:
CE
(3) Section 37AA(1)(a)—delete "the institution" and
substitute:
a correctional institution
(4) Section 37AA(1)(b)—delete "the institution" and
substitute:
a correctional institution
(5) Section 37AA(1)(c)—delete paragraph (c)
(6) Section 37AA(1)(d)—delete "the correctional institution"
and substitute:
a correctional institution
(7) Section 37AA—after subsection (1) insert:
(1a) The manager of a correctional institution may require a prisoner to
undergo a drug test—
(a) if the manager reasonably suspects that the prisoner has unlawfully
used a drug; or
(b) in any other circumstance that the CE thinks fit.
26—Amendment
of section 37A—Release on home detention
Section 37A—delete "Chief Executive Officer" wherever occurring
and substitute in each case:
CE
27—Amendment
of section 37B—Authorised officers
Section 37B(2)—delete "Chief Executive Officer" and
substitute:
CE
28—Amendment
of section 37C—Revocation of release
(1) Section 37C—delete "Chief Executive Officer" wherever
occurring and substitute in each case:
CE
(2) Section 37C(3)—delete "member of the police force" and
substitute:
police officer
29—Amendment
of section 38—Release of prisoner from prison or home
detention
Section 38—delete "Chief Executive Officer" wherever occurring
and substitute in each case:
CE
30—Amendment
of section 39A—Delivery of property and money to prisoner on
release
Section 39A—delete "Chief Executive Officer" and
substitute:
CE
31—Amendment
of section 39B—Manner in which former prisoner's personal property is to
be dealt with
(1) Section 39B(1)—delete "manager of the correctional
institution" and substitute:
CE
(2) Section 39B(2)—delete "manager of the correctional
institution" and substitute:
CE
(3) Section 39B(2)(a)—delete "manager" wherever occurring and
substitute in each case:
CE
(4) Section 39B(2)(b)—delete "manager" wherever occurring and
substitute in each case:
CE
32—Amendment
of section 42A—Minor breach of prison regulations
(1) Section 42A(1)—delete "manager of the correctional
institution" and substitute:
CE
(2) Section 42A(1)—delete "manager" second occurring and
substitute:
CE
(3) Section 42A(1)(d)—delete "manager" and
substitute:
CE
(4) Section 42A(2)—delete "manager" wherever occurring and
substitute in each case:
CE
(5) Section 42A(2)—delete "manager's" and substitute:
CE's
33—Amendment
of section 43—CE may deal with breach of prison
regulations
(1) Section 43(1)—delete "manager of the correctional
institution" and substitute:
CE
(2) Section 43(2)—delete "manager" wherever occurring and
substitute in each case:
CE
(3) Section 43(3)—delete "manager" wherever occurring and
substitute in each case:
CE
34—Amendment
of section 44—CE may refer matter to Visiting
Tribunal
(1) Section 44(1)—delete "manager of a correctional
institution" and substitute:
CE
(2) Section 44(2)—delete "manager" and substitute:
CE
(3) Section 44(4)—delete "manager" and substitute:
CE
35—Amendment
of section 45—Procedure at inquiry
Section 45—delete "manager" wherever occurring and substitute in
each case:
CE
36—Amendment
of section 46—Appeal against penalty imposed by CE
(1) Section 46(1)—delete "a manager" and substitute:
the CE
(2) Section 46(4)(b)—delete "manager" and substitute:
CE
Section 49—delete the section
38—Amendment
of section 50A—Prisoner must comply with conditions to which temporary
leave of absence is subject
Section 50A(1)—delete "Chief Executive Officer" and
substitute:
CE
39—Amendment
of section 51—Offences by persons other than
prisoners
(1) Section 51—delete "manager" wherever occurring and
substitute in each case:
CE
(2) Section 51(1), penalty provision, (a)—delete paragraph (a)
and substitute:
(a) in the case of an offence against paragraph (b) of this subsection
where the prohibited item is—
(i) a controlled drug within the meaning of the Controlled
Substances Act 1984; or
(ii) an item of a kind prescribed by the regulations for the purposes of
this subparagraph—
imprisonment for 5 years;
40—Amendment
of section 66—Automatic release on parole for certain
prisoners
Section 66(2)—before paragraph (a) insert:
(aa) a prisoner if any part of the imprisonment for which the person was
sentenced is in respect of an offence committed while the prisoner was on parole
(the prisoner having been released on parole following application by the
prisoner to the Board); or
41—Amendment
of section 67—Release on parole by application to
Board
(1) Section 67—delete "Chief Executive Officer" wherever
occurring and substitute in each case:
CE
(2) Section 67(4)(f)(ii)—delete subparagraph (ii) and
substitute:
(ii) from the CE; and
42—Amendment
of section 68—Conditions of release on parole
(1) Section 68(1)—delete subsection (1) and
substitute:
(1) The release on parole of a prisoner serving a sentence of life
imprisonment—
(a) is subject to each of the following conditions:
(i) a condition prohibiting the prisoner from committing any
offence;
(ii) a condition prohibiting the prisoner from possessing an offensive
weapon unless the Board permits the prisoner to possess such a weapon and the
prisoner complies with the terms and conditions of the permission;
(iii) until the expiration of the period of parole (or for such lesser
period as may be specified in the order of the Governor under
section 67)—a condition that the prisoner must—
(A) be under the supervision of a community corrections officer;
and
(B) obey the reasonable directions of the community corrections officer;
and
(b) may be subject to any other condition recommended by the Board and
approved by the Governor to be effective until the expiration of the period of
parole (or for such lesser period as may be specified in the Governor's order),
including a condition that—
(i) for the period of up to 1 year commencing on the day on which the
prisoner is released—the prisoner must—
(A) reside at specified premises (including premises declared under this
Act to be a probation and parole hostel or a prison); and
(B) undertake at specified places such activities and programs as
determined by the Board from time to time to assist in the reintegration of the
prisoner into the community; and
(ii) the prisoner be monitored by use of an electronic device.
(1aa) The release on parole of a prisoner (other than a prisoner serving a
sentence of life imprisonment)—
(a) is subject to each of the following conditions:
(i) a condition prohibiting the prisoner from committing any
offence;
(ii) a condition prohibiting the prisoner from possessing an offensive
weapon unless the Board permits the prisoner to possess such a weapon and the
prisoner complies with the terms and conditions of the permission;
(iii) until the expiration of the period of parole (or such earlier date
as is specified by the Board)—a condition that the prisoner
must—
(A) be under the supervision of a community corrections officer;
and
(B) obey the reasonable directions of the community corrections officer;
and
(b) may be subject to any other condition (including a condition that the
prisoner be monitored by use of an electronic device) to be effective until the
expiration of the period of parole (or such earlier date as is specified by the
Board).
(2) Section 68(1a)—after paragraph (c) insert:
(d) a condition requiring the prisoner, on making an application for
employment, to provide the prospective employer with a report about the
prisoner's criminal history.
(3) Section 68(3)—delete subsection (3)
43—Amendment
of section 71—Variation or revocation of parole
conditions
Section 71(4)—delete "that community corrections officer" and
substitute:
the CE
44—Amendment
of section 72—Discharge from parole of prisoners other than life
prisoners
Section 72(2)—delete "that community corrections officer" and
substitute:
the CE
Section 73—delete the section
46—Amendment
of section 74—Cancellation of release on parole by Board for breach of
conditions
(1) Section 74(1)—delete subsection (1) and
substitute:
(1) If the Board is satisfied that a person who has been released on
parole has, while on parole, breached a condition of the parole, the Board may,
by order, direct that the person serve in prison the balance of the sentence, or
sentences, of imprisonment in respect of which the person was on parole, being
the balance unexpired as at the day on which the breach was committed.
(2) Section 74(2)—delete "that community corrections officer"
second occurring and substitute:
the CE
(3) Section 74(4)—delete "(not being a designated
condition)"
(4) Section 74—after subsection (5) insert:
(6) Any period for which the person is detained in custody or in prison
after breaching the condition is to be counted as or towards the period that the
person is liable to serve in prison under this section (and any date on which
the sentence is to be taken to have commenced will be fixed
accordingly).
47—Amendment
of section 74AA—Board may impose community service for breach of
conditions
(1) Section 74AA(1)—delete "(not being a designated
condition)"
(2) Section 74AA(4)(b)(ii)—delete "Chief Executive Officer" and
substitute:
CE
48—Amendment
of section 75—Automatic cancellation of parole on imprisonment for
offence committed while on parole
Section 75—after subsection (2) insert:
(3) Any period for which the person is detained in custody or in prison
after committing the offence is to be counted as or towards the period that the
person is liable to serve in prison under this section (and any date on which
the sentence is to be taken to have commenced will be fixed
accordingly).
Section 76—delete the section and substitute:
76—Apprehension etc of parolees on Board
warrant
(1) If the
presiding member or deputy presiding member of the Board suspects on reasonable
grounds that a person who has been released on parole may have breached a
condition of parole, the presiding member or deputy presiding member
may—
(a) summon the person to attend before the Board; or
(b) for the purpose of
bringing the person before the Board, issue a warrant for the arrest of the
person.
(2) If a member of
the Board (other than the presiding member or deputy presiding member) suspects
on reasonable grounds that a person who has been released on parole may have
breached a condition of parole—
(a) the member may summon the person to attend before the Board;
or
(b) for the purpose
of bringing the person before the Board, the member may apply
to—
(i) the presiding
member or deputy presiding member of the Board for the issue of a warrant for
the arrest of the person; or
(ii) a magistrate for the issue of a warrant for the arrest of the
person.
(3) If a person
fails to comply with a summons to attend before the Board issued under this
section—
(a) the Board may proceed to deal with the matter in the person's absence;
or
(b) for the purpose
of bringing the person before the Board, the presiding member or deputy
presiding member may issue a warrant for the arrest of the person.
(4) A warrant issued under this section authorises the detention of the
person in custody pending appearance before the Board.
(5) A member of the Board may apply to a magistrate for a warrant for the
arrest and return to prison of a person whose release on parole has been
cancelled.
(6) A magistrate must, on application under this section, issue a warrant
for the arrest of a person or for the arrest and return to prison of a person
(as the case may require) unless it is apparent, on the face of the application,
that no reasonable grounds exist for the issue of the warrant.
(7) The Board may, if it thinks there is good reason to do so, by order,
cancel a warrant issued under this section that has not been executed.
76A—Apprehension etc of parolees on warrant of
CE
(1) If the CE suspects
on reasonable grounds that a person who has been released on parole may have
breached a condition of parole, the CE—
(a) may issue a warrant for the arrest of the person; and
(b) must, within 2 working days of issuing any such warrant, provide
the Board with a written report on the matter.
(2) A warrant issued by
the CE under this section—
(a) authorises the detention of the person in custody; and
(b) will expire at the
end of the period of 5 working days after the day on which the report of
the CE was provided to the Board.
(3) The presiding
member or deputy presiding member of the Board must consider a report of the CE
within 5 working days after receipt and—
(a) issue a fresh
warrant for the continued detention of the person pending appearance before the
Board; or
(b) cancel the warrant, order that the person be released from custody
and, if appearance before the Board is required, issue a summons for the person
to appear before the Board.
(4) If a warrant expires under
subsection (2)(b) or
a fresh warrant is not issued under
subsection (3)(a),
the person must be released from detention.
76B—Arrest of parolee by police
officer
(1) A police
officer may, without warrant, arrest a person who has been released on parole if
the police officer suspects on reasonable grounds that—
(a) the person has, while on parole, breached a condition of parole;
and
(b) the person presents an imminent and serious risk to public
safety.
(2) If a person is arrested under
subsection (1)—
(a) the person must be taken to the nearest police station; and
(b) within 12 hours of the arrest—the presiding member or
deputy presiding member of the Board (or, if neither of those members is
available, the CE) must be notified of the arrest; and
(c) as soon as is reasonably practicable after being so notified—the
presiding member or deputy presiding member (or the CE) (as the case requires)
must, by order, direct that the person—
(i) be detained in a correctional institution pending attendance before
the Board; or
(ii) be released and summoned to attend before the Board; or
(iii) be released from detention.
50—Amendment
of section 77—Proceedings before Board
(1) Section 77—delete "Chief Executive Officer" wherever
occurring and substitute in each case:
CE
(2) Section 77(2)(b)—delete "member of the police force" and
substitute:
police officer
51—Amendment
of section 82—Unauthorised dealings with prisoners
prohibited
(1) Section 82(1)—delete "Chief Executive Officer" and
substitute:
CE
(2) Section 82(3)(b)—delete "member of the police force" and
substitute:
police officer
52—Amendment
of section 83—CE may make rules
(1) Section 83(1)—delete "The manager of a correctional
institution may, with the approval of the CE," and substitute:
The CE may
(2) Section 83(1)—delete "the institution" and
substitute:
a correctional institution
(3) Section 83(2)—delete "A manager may, with the approval of
the Chief Executive Officer," and substitute:
The CE may
Section 84—delete the section and substitute:
84—Compliance with the execution of
process
Subject to this Act, the CE and the manager of a correctional institution
must comply with any order or direction lawfully given by an officer of a court
or police officer for the purposes of the due execution of any process or order
of a court or magistrate or issued otherwise pursuant to law.
54—Amendment
of section 85—Execution of warrants
(1) Section 85—delete "Chief Executive Officer" and
substitute:
CE
(2) Section 85—delete "justice" and substitute:
magistrate
55—Amendment
of section 85A—Exclusion of persons from correctional
institution
Section 85A—delete "Chief Executive Officer" wherever occurring
and substitute in each case:
CE
56—Amendment
of section 85B—Power of search and arrest of
non-prisoners
(1) Section 85B(1)—delete "The manager of a correctional
institution" and substitute:
The CE
(2) Section 85B(1)(a)—delete "the institution" and
substitute:
a correctional institution
(3) Section 85B(2)—delete "the manager of the correctional
institution" and substitute:
the CE
(4) Section 85B—delete "the manager" wherever occurring and
substitute in each case:
the CE
(5) Section 85B—after subsection (13) insert:
(14) To avoid doubt, a reference in this section to a correctional
institution includes a reference to all of the land identified in a proclamation
under section 18(1) relating to the institution.
57—Amendment
of section 85C—Confidentiality
(1) Section 85C—delete "divulge" and substitute:
disclose
(2) Section 85C—after paragraph (b) insert:
(ba) if, in the opinion of the CE, it is necessary to disclose the
information in order to avert a serious risk to public safety; or
(3) Section 85C—after paragraph (e) insert:
or
(f) in accordance with subsection (2).
(4) Section 85C—after its present contents as amended by this
clause (now to be designated as subsection (1)) insert:
(2) The Board must, in respect of a prisoner released on parole, notify
the Commissioner of Police of—
(a) the place of residence of the parolee; and
(b) the conditions to which the release on parole is subject.
After section 85C insert:
85CA—Disclosure of health
information
(a) Chief Executive of the administrative unit of the Public Service that
is, under a Minister, responsible for the administration of the Health
Care Act 2008; and
(b) Chief Executive of the administrative unit of the Public Service that
is, under a Minister, responsible for the administration of the Mental
Health Act 2009,
must disclose to the CE such personal information about a prisoner as is
reasonably required for the treatment, care or rehabilitation of the
prisoner.
(2) Protocols or guidelines may be established for the purposes of this
section.
(3) In this section—
personal information means information or an opinion, whether
true or not, relating to a prisoner whose identity is apparent, or can
reasonably be ascertained, from the information or opinion.
59—Amendment
of section 85D—Release of information to registered victims
etc
Section 85D—delete "Chief Executive Officer" wherever occurring
and substitute in each case:
CE
60—Amendment
of section 86—Prison officers may use reasonable force in certain
cases
Section 86—delete "member of the police force" and
substitute:
police officer
61—Insertion
of sections 86A and 86B
After section 86 insert:
86A—Prison officer may carry prescribed
weapon
(1) The CE may authorise an officer or employee of the Department to carry
a prescribed weapon while on duty for purposes specified by the CE.
(2) An officer or employee authorised to carry a prescribed weapon under
this section must comply with any requirements of the CE in relation to the
handling, storage and responsible use of the weapon.
(3) In this section—
prescribed weapon means a weapon prescribed by the
regulations for the purposes of this section.
86B—Use of correctional services
dogs
(1) The CE may
authorise an officer or employee of the Department to use a correctional
services dog at a correctional institution or probation and parole hostel to
assist in the maintenance of the good order or security of the institution or
hostel.
(2) Without limiting
subsection (1), a
correctional services dog may be used for any of the following
purposes:
(a) to carry out a search at a correctional institution or probation and
parole hostel for any reason;
(b) to track an escaped prisoner;
(c) to patrol a correctional institution or probation and parole
hostel;
(d) to restrain a prisoner;
(e) to assist a police officer in the execution of the police
officer’s functions at a correctional institution or probation and parole
hostel.
62—Amendment
of section 88B—Evidentiary provisions
(1) Section 88B—delete "Chief Executive Officer" and
substitute:
CE
(2) Section 88B—after its present contents as amended by this
section (now to be designated as subsection (1)) insert:
(2) In any proceedings, an apparently genuine document purporting to be a
certificate signed by the CE (or a delegate of the CE), and certifying that a
dog used during a specified period for a specified purpose under
section 86B within a specified area, or at a specified correctional
institution, was a correctional services dog constitutes proof, in the absence
of proof to the contrary, of the matters so certified.
63—Amendment
of section 89—Regulations
(1) Section 89(2)(g)—delete "manager of a correctional
institution" and substitute:
CE
(2) Section 89(2)(i)—delete "members of the police force" and
substitute:
police officers
(3) Section 89(3)(c)—delete "Chief Executive Officer" and
substitute:
CE
Part 1—Amendment of Summary Offences
Act 1953
1—Amendment
of section 15—Offensive weapons etc
Section 15(2a)—after paragraph (b) insert:
(ba) an officer or employee of the administrative unit of the Public
Service that is, under a Minister, responsible for the administration of the
Correctional
Services Act 1982, who has possession of, or uses, a prohibited
weapon for the purpose or in the course of his or her duties as such an officer
or employee;