South Australian Current Acts

CORRECTIONAL SERVICES ACT 1982 - SECT 3

3—Objects and guiding principles

        (1)         The primary object of this Act is the promotion of community safety.

        (2)         The other objects of this Act are—

            (a)         to provide mechanisms for the establishment and proper administration of correctional institutions, probation and parole hostels and other facilities and services relating to persons who offend against the criminal law; and

            (b)         to provide for the safe and secure management of prisoners held in correctional institutions in the State; and

            (c)         to promote the rehabilitation of prisoners, probationers and parolees—

                  (i)         by providing the necessary correction, guidance and management to assist in their reintegration into the community; and

                  (ii)         by providing for effective, planned and individualised management plans for prisoners, probationers and parolees, including by providing for the assessment of the risks they pose to the community, their needs and the development, implementation and review of management plans based on such assessments; and

            (d)         to have regard to the rights of victims of crime; and

            (e)         to have regard to the particular needs and circumstances relevant to the cultural identity and linguistic background of prisoners, probationers and parolees; and

            (f)         to recognise the importance of family and community involvement and participation in the rehabilitation of prisoners, probationers and parolees; and

            (g)         to recognise the particular importance of Aboriginal and Torres Strait Islander community involvement in the rehabilitation of prisoners, parolees and probationers who are Aboriginal and Torres Strait Islander persons, by ensuring so far as is reasonably practicable that—

                  (i)         Aboriginal and Torres Strait Islander persons are placed in a correctional institution as close as possible to their usual place of residence; and

                  (ii)         an Aboriginal or Torres Strait Islander person is entitled to seek a review of a decision to transfer the person from 1 correctional institution to another in relation to regional transfers where the person will be 200km or further from the correctional institution they are being transferred from; and

                  (iii)         Aboriginal and Torres Strait Islander communities are adequately consulted in relation to any community service projects that are regarded as having particular value to the relevant Aboriginal or Torres Strait Islander community; and

            (h)         to support the reintegration of prisoners, probationers and parolees with the community as part of their rehabilitation; and

                  (i)         to facilitate, for the purpose of promoting the safety of the community, the sharing of information related to the administration or enforcement of this Act in accordance with the requirements of this Act; and

            (j)         to make provision in relation to the management of officers and employees.

        (3)         The Minister, the CE, the Department and other persons and bodies involved in the administration of this Act are to be guided by the following principles in the exercise of their functions:

            (a)         in exercising powers under this Act, the paramount consideration must be the safety of the community;

            (b)         prisoners, probationers and parolees should be made aware of their obligations under the law, of the consequences of any breach of the law and of the importance of individual responsibility;

            (c)         the management of prisoners, probationers and parolees should be designed to assist in their rehabilitation and reintegration into the community;

            (d)         facilities and programs developed for the care, rehabilitation, imprisonment, training, therapeutic treatment or other treatment of prisoners, probationers and parolees should—

                  (i)         be evidence based; and

                  (ii)         be individually designed as much as reasonably practicable—

                        (A)         to take account of the prisoner, probationer or parolee's age, gender, gender identity, sexuality or sexual identity, cultural identity, developmental and cognitive capacity, ability or disability, and any special needs; and

                        (B)         to address offending behaviours; and

                        (C)         to address the physical and mental health of the prisoner, probationer or parolee; and

                        (D)         to address the educational and vocational training needs of the prisoner, probationer or parolee; and

                  (iii)         be governed by a comprehensive assessment and case plan developed in a multidisciplinary framework; and

                  (iv)         support—

                        (A)         a focus on connecting and reintegrating with the community; and

                        (B)         recognition of the impact of offending on victims; and

                  (v)         take into consideration the different traditions, cultural values and religious beliefs of ethnic or racial groups within the prisoner, probationer or parolee's community.