Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
CORRECTIONS AMENDMENT BILL 2013
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 5A inserted
5A. Appointment of interstate correctional officers and
probation officers
6. Section 8 amended (Confidentiality)
7. Section 10 amended (Official visitors)
8. Section 11 amended (Visits by judges, magistrates, &c.)
9. Section 18 amended (Visitors to give prescribed information)
10. Section 24 amended (Prohibition against bringing unauthorised
articles and things into prisons)
11. Section 29 amended (Rights of prisoners and detainees)
12. Section 33 amended (Work)
13. Section 34 amended (Payment for prisoners' work, &c.)
14. Parts 4A and 4B inserted
PART 4A - Use of Force
34A. Managing use of force
34B. Authorised use of force
34C. Application of force
34D. Use of restraints or weapons
34E. Medical examination after use of force
[Bill 25]-I
34F. Reporting use of force
PART 4B - Use of Mechanical Restraints not Requiring
Force
34G. Application of Part
34H. Managing the use of mechanical restraints
34I. Authorised use of mechanical restraints
15. Section 42 amended (Leave permits)
16. Section 61 amended (Penalties which may be imposed on
prisoner or detainee)
17. Schedule 1 amended (Prison offences)
18. Repeal of Act
2
CORRECTIONS AMENDMENT BILL 2013
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
27 August 2013
(Brought in by the Minister for Corrections and Consumer
Protection, the Honourable Nicholas James McKim)
A BILL FOR
An Act to amend the Corrections Act 1997
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Corrections
Amendment Act 2013.
2. Commencement
This Act commences on a day to be proclaimed.
3. Principal Act
In this Act, the Corrections Act 1997* is referred
to as the Principal Act.
*No. 51 of 1997
[Bill 25] 3
Corrections Amendment Act 2013
Act No. of
s. 4
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting "and includes a person
declared as a dangerous criminal under
section 19 of the Sentencing Act 1997"
after "imprisonment" in the definition of
prisoner;
(b) by inserting the following definition after
the definition of standing orders:
State Service corrections employee
means a person, other than a
correctional officer or probation
officer, appointed or employed
pursuant to section 5(2);
5. Section 5A inserted
After section 5 of the Principal Act, the
following section is inserted in Part 2:
5A. Appointment of interstate correctional
officers and probation officers
(1) The Secretary, with the consent of the
employer of a correctional officer or a
probation officer employed in another
State or a Territory (however described
in that State or Territory) may appoint
such a correctional officer or probation
officer to be a correctional officer or a
probation officer for the purposes of this
4
Corrections Amendment Act 2013
Act No. of
s. 6
Act if the Secretary considers it is
necessary to do so.
(2) An appointment under subsection (1) is
to be -
(a) for such period not exceeding 90
days as may be determined by the
Secretary; and
(b) on such terms and conditions as
are specified in the instrument of
appointment.
6. Section 8 amended (Confidentiality)
Section 8(1) of the Principal Act is amended by
omitting "prisoner or a correctional officer" from
paragraph (g) of the definition of confidential
information and substituting "prisoner, a
correctional officer or a State Service corrections
employee".
7. Section 10 amended (Official visitors)
Section 10 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "to each
prison";
(b) by inserting the following subsection
after subsection (1):
(1A) A person appointed as an official
visitor is to be -
5
Corrections Amendment Act 2013
Act No. of
s. 7
(a) appointed for a term, not
exceeding 3 years,
specified in his or her
instrument of
appointment; and
(b) appointed on terms and
conditions specified in his
or her instrument of
appointment; and
(c) paid such remuneration
and allowances as the
Minister may determine.
(c) by omitting from subsection (2) "one or
more prisons" and substituting "all
prisons in the State";
(d) by omitting subsection (3) and
substituting the following subsections:
(3) The Minister may appoint a
Coordinator of the Official
Visitors Scheme.
(3A) The Coordinator of the Official
Visitors Scheme is to ensure that
each prison is visited at least once
a month by an official visitor and,
for that purpose, may establish a
system for the coordination of
visits to prisons by official
visitors.
6
Corrections Amendment Act 2013
Act No. of
s. 7
(e) by omitting paragraph (a) from
subsection (4) and substituting the
following paragraph:
(a) visit, either alone or with another
visitor, any prison once a month
or at any other time; and
(f) by omitting from subsection (5) "officer
or a prisoner or detainee" and
substituting "officer, a prisoner or
detainee or a State Service corrections
employee";
(g) by inserting in subsection (6)(a) "or State
Service corrections employees" after
"officers";
(h) by omitting subsection (7) and
substituting the following subsections:
(7) The Coordinator of the Official
Visitors Scheme, as soon as
practicable after 31 December in
each year, is to give the Minister
a report -
(a) on the inquiries or
investigations made under
subsection (4); and
(b) on the visits to prisons by
official visitors; and
(c) on the activities of official
visitors at prisons -
7
Corrections Amendment Act 2013
Act No. of
s. 8
in that year.
(7A) The Minister may, at any time,
request the Coordinator of the
Official Visitors Scheme to give
the Minister a report -
(a) on the inquiries or
investigations made under
subsection (4); or
(b) on the visits to prisons by
official visitors; or
(c) on the activities of official
visitors at prisons; or
(d) on any other matter
relating to official visits
that the Minister requires.
(i) by inserting in subsection (8) "and a
State Service corrections employee" after
"officer".
8. Section 11 amended (Visits by judges, magistrates,
&c.)
Section 11(2) of the Principal Act is amended by
inserting "and a State Service corrections
employee" after "officer".
8
Corrections Amendment Act 2013
Act No. of
s. 9
9. Section 18 amended (Visitors to give prescribed
information)
Section 18 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or a State
Service corrections employee" after "a
correctional officer";
(b) by inserting in subsection (1) "or a State
Service corrections employee" after "the
correctional officer";
(c) by inserting in subsection (2) "or a State
Service corrections employee" after
"officer";
(d) by inserting in subsection (3) "or a State
Service corrections employee" after
"subsection (1) to a correctional officer";
(e) by inserting in subsection (3) "or a State
Service corrections employee" after
"information to a correctional officer";
(f) by inserting in subsection (3) "or a State
Service corrections employee" after "the
correctional officer".
10. Section 24 amended (Prohibition against bringing
unauthorised articles and things into prisons)
Section 24(5) of the Principal Act is amended as
follows:
9
Corrections Amendment Act 2013
Act No. of
s. 11
(a) by inserting "or a State Service
corrections employee" after "on a
correctional officer";
(b) by inserting "or a State Service
corrections employee" after "employee, a
correctional officer".
11. Section 29 amended (Rights of prisoners and
detainees)
Section 29(1)(e) of the Principal Act is amended
by inserting "when appearing in court" after
"detainee".
12. Section 33 amended (Work)
Section 33 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(4) A detainee may volunteer to perform
work.
13. Section 34 amended (Payment for prisoners' work,
&c.)
Section 34 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
(1A) A prisoner or detainee who
performs work for which the
10
Corrections Amendment Act 2013
Act No. of
s. 14
prisoner or detainee volunteered
is entitled to be paid for that
work.
(b) by inserting the following subsection
after subsection (3):
(4) The Director is not liable for any
costs associated with the
performance by a prisoner of
work for which the prisoner
volunteered outside the precincts
of the prison for a person other
than the State.
14. Parts 4A and 4B inserted
After section 34 of the Principal Act, the
following Parts are inserted:
PART 4A - USE OF FORCE
34A. Managing use of force
(1) The Director must ensure, as far as
practicable, that the use of force in
relation to the management of prisoners
and detainees is always -
(a) a last resort; and
(b) in accordance with this Part.
(2) The Director must make standing orders
or an operating procedure in relation to
11
Corrections Amendment Act 2013
Act No. of
s. 14
the use of force, including provision in
relation to the following:
(a) the circumstances in which, and
by whom, force may be used;
(b) the kinds of force that may be
used.
(3) The power to make a standing order or
an operating procedure includes power to
make different provisions in relation to
different matters or different classes of
matters, and provisions that apply
differently by reference to stated
exceptions or factors.
34B. Authorised use of force
(1) A correctional officer may use force that
is necessary and reasonable for this Act,
including for any of the following:
(a) to compel compliance with a
direction given in relation to a
prisoner or detainee by the
Director;
(b) to act under section 28;
(c) to prevent or stop the commission
of an offence or disciplinary
breach;
(d) to prevent the escape of a
prisoner or detainee;
12
Corrections Amendment Act 2013
Act No. of
s. 14
(e) to prevent unlawful damage,
destruction or interference with
property;
(f) to defend the correctional officer
or someone else;
(g) to prevent a prisoner or detainee
from inflicting self-harm;
(h) any other thing prescribed by the
regulations.
(2) However, a correctional officer may use
force only if the correctional officer
believes, on reasonable grounds, that the
purpose for which force may be used
cannot be achieved in another way.
34C. Application of force
(1) A correctional officer may use force
under this Part only if the correctional
officer -
(a) gives a clear warning of the
intended use of force; and
(b) allows enough time for the
warning to be observed; and
(c) uses no more force than is
necessary and reasonable in the
circumstances; and
(d) uses force, as far as practicable,
in a way that reduces the risk of
13
Corrections Amendment Act 2013
Act No. of
s. 14
causing death or grievous bodily
harm.
(2) However, a correctional officer need not
comply with subsection (1)(a) or (b) if, in
urgent circumstances, the correctional
officer believes, on reasonable grounds,
that doing so would create a risk of
injury to the correctional officer, the
prisoner or detainee or any other person.
34D. Use of restraints or weapons
(1) The use of force under this Part includes
the use of restraints and weapons.
(2) The Director must ensure, as far as
practicable, that the use of force
involving a restraint or weapon is
proportionate to the circumstances, and
in particular that -
(a) the circumstances are sufficiently
serious to justify the use; and
(b) the kind of restraint or weapon is
appropriate in the circumstances;
and
(c) the restraint or weapon is used
appropriately in the
circumstances.
(3) The Director must also ensure that
restraints and weapons are only used
under this Part -
14
Corrections Amendment Act 2013
Act No. of
s. 14
(a) by correctional officers trained to
use them; and
(b) in accordance with standing
orders or an operating procedure
that applies to their use.
(4) The Director must take all steps to ensure
that potentially lethal force is not used
under this Part unless the actions of a
prisoner or detainee or other person are
likely to cause death or serious injury.
(5) In applying force under this Part, a
correctional officer may use a restraint or
weapon, including any of the following:
(a) body contact, impact and
restraint;
(b) a mechanical restraining device;
(c) a baton;
(d) riot control equipment;
(e) a chemical agent;
(f) an electro-muscular disruption
device or a conducted electrical
weapon;
(g) a distraction device;
(h) a firearm;
(i) any other thing prescribed by the
regulations.
15
Corrections Amendment Act 2013
Act No. of
s. 14
34E. Medical examination after use of force
If force has been used under this Part, the
Director must ensure that a prisoner or
detainee affected by the use of force is
examined as soon as practicable and that
appropriate medical health care is
available to the prisoner or detainee.
34F. Reporting use of force
(1) The Director must keep a record of any
incident involving the use of force under
this Part that causes injury or death to
anyone.
(2) The record must contain details of the
incident, including the circumstances, the
reason for the decision to use force and
the force used.
(3) The Director must give a copy of the
record to the Coordinator of the Official
Visitors Scheme for the purpose of
informing the official visitors as soon as
practicable after the incident.
16
Corrections Amendment Act 2013
Act No. of
s. 14
PART 4B - USE OF MECHANICAL RESTRAINTS
NOT REQUIRING FORCE
34G. Application of Part
This Part applies when a mechanical
restraint is used in circumstances where
the prisoner does not object to, or resist,
the use of the restraint.
34H. Managing the use of mechanical restraints
(1) The Director must make a standing order
or operating procedure in relation to the
use of mechanical restraints, including
provision in relation to the following:
(a) the circumstances in which, and
by whom, mechanical restraints
may be used;
(b) the kinds of mechanical restraints
that may be used.
(2) The power to make a standing order or
operating procedure includes power to
make different provisions in relation to
different matters or different classes of
matters, and provisions that apply
differently by reference to stated
exceptions or factors.
17
Corrections Amendment Act 2013
Act No. of
s. 14
34I. Authorised use of mechanical restraints
(1) A correctional officer may use a
mechanical restraint only in accordance
with a standing order or operating
procedure.
(2) A correctional officer may use a
mechanical restraint on a prisoner or
detainee for all or any of the following
purposes:
(a) to prevent the commission of an
offence or disciplinary breach;
(b) to prevent the escape of a
prisoner or detainee;
(c) to prevent the prisoner or
detainee from accessing an area
to which they are not permitted
access;
(d) to prevent unlawful damage,
destruction or interference with
property;
(e) to prevent a prisoner or detainee
from inflicting self-harm;
(f) for any other purpose prescribed
by the regulations.
(3) A correctional officer may use
mechanical restraints only if the
correctional officer believes, on
reasonable grounds, that no other less
18
Corrections Amendment Act 2013
Act No. of
s. 15
restrictive method of control is applicable
or appropriate in the circumstances.
(4) The health and wellbeing of a prisoner
must be considered before a mechanical
restraint is applied.
(5) A correctional officer must remove a
mechanical restraint from a prisoner as
soon as the restraint is no longer required
for any of the purposes set out in
subsection (2).
(6) A mechanical restraint must not be used
for the purpose of punishment.
15. Section 42 amended (Leave permits)
Section 42 of the Principal Act is amended by
omitting subsection (6) and substituting the
following subsection:
(6) A leave permit may authorise a number
of absences within the period of 60 days
from its granting but no one absence is to
be more than one week.
16. Section 61 amended (Penalties which may be
imposed on prisoner or detainee)
Section 61(c) of the Principal Act is amended by
inserting "or to recover the cost of any property
owned by the State that is lost by the prisoner or
detainee" after "State".
19
Corrections Amendment Act 2013
Act No. of
s. 17
17. Schedule 1 amended (Prison offences)
Schedule 1 to the Principal Act is amended by
inserting in column 2 of item 13 in Part 2 "or
recklessly or carelessly losing any prison
property" after "property".
18. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
20 Government Printer, Tasmania