Queensland
Corrective Services Act 2006
Current as at 16 September 2024
Queensland
Corrective Services Act 2006
Contents
Page
Chapter 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
3 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
5 References to prisoner and corrective services facility . . . . . . . . 30
5A Relationship with Human Rights Act 2019 . . . . . . . . . . . . . . . . . 30
Chapter 2 Prisoners
Part 1 Custody and admission of prisoners
6 Where a person is to be detained . . . . . . . . . . . . . . . . . . . . . . . . 31
7 When a person is taken to be in the chief executive’s custody . . 32
8 When a person is taken to be in the commissioner’s custody . . . 33
9 Authority for admission to corrective services facility . . . . . . . . . 33
10 Record of prisoner’s details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
11 Prisoner to be informed of entitlements and duties . . . . . . . . . . . 34
12 Prisoner security classification . . . . . . . . . . . . . . . . . . . . . . . . . . 35
13 Reviewing prisoner’s security classification . . . . . . . . . . . . . . . . 36
14 Changing prisoner’s security classification . . . . . . . . . . . . . . . . . 38
15 Notice of decision about prisoner’s security classification following
review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
16 Reconsidering decision to change prisoner’s security classification 38
17 Application of Judicial Review Act 1991 to decisions about prisoner
security classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
18 Accommodation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Part 1A Prisoners from Norfolk Island
18A Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
18B Meaning of Norfolk Island prisoner . . . . . . . . . . . . . . . . . . . . . . . 40
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18C Custody and detention of Norfolk Island prisoners . . . . . . . . . . . 40
18D Application of Act to Norfolk Island prisoners . . . . . . . . . . . . . . . 42
18E Provision relating to parole for Norfolk Island prisoners . . . . . . . 43
18F Producing Norfolk Island prisoners before Norfolk Island court at place in
Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
18G Return of Norfolk Island prisoners to Norfolk Island . . . . . . . . . . 44
18H Early discharge or release not prevented . . . . . . . . . . . . . . . . . . 44
18I Particular Acts do not apply to Norfolk Island prisoners in chief
executive’s custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
18J Evidentiary aid for Norfolk Island prisoners . . . . . . . . . . . . . . . . . 45
Part 2 Management of prisoners
Division 1 Management of prisoners generally
19 Effect of prisoner’s security classification . . . . . . . . . . . . . . . . . . 45
20 Directions to prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
21 Medical examination or treatment . . . . . . . . . . . . . . . . . . . . . . . . 46
22 Private medical examination or treatment . . . . . . . . . . . . . . . . . . 48
23 Dangerously ill prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
24 Death of prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
25 Registration of birth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
26 Marriage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
26A Civil partnerships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
27 Change of name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
27AA Alteration of record of sex and recognised details certificate . . . 52
27AB Written permission does not limit chief executive’s powers . . . . 54
Division 1A Carrying on business or dealing in artwork
27A Definitions for div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
28 Carrying on a business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
28A Restriction on prisoner dealing with prisoner’s artwork . . . . . . . . 55
28B Giving prisoner’s artwork to a person as a gift . . . . . . . . . . . . . . 56
28C Giving prisoner’s artwork to a person to hold on the prisoner’s behalf 56
28D Giving prisoner’s artwork to the State for disposal as agreed . . . 56
28E No consideration to be paid for holding prisoner’s artwork under s 28C
57
28F Person holding prisoner’s artwork for prisoner . . . . . . . . . . . . . . 57
28G Prisoner and not the State has responsibility for collecting artwork held
on behalf of the prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
28H Limited liability of persons holding artwork on behalf of prisoner 59
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Division 2 Children accommodated with female prisoners
29 Application for accommodation of child with female prisoner . . . 59
30 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
31 Removing child from corrective services facility . . . . . . . . . . . . . 61
32 Search of accommodated child . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Division 3 Search of prisoners
33 Power to search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
34 Personal search of prisoners leaving particular part of corrective services
facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
35 Search requiring the removal of clothing of prisoners on chief executive’s
direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
36 Search requiring the removal of clothing of prisoners on chief executive’s
order—generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
37 Search requiring the removal of clothing on reasonable suspicion 64
38 Requirements for search requiring the removal of clothing . . . . . 65
39 Body search of particular prisoner . . . . . . . . . . . . . . . . . . . . . . . . 66
39A Further requirements and procedures for searches . . . . . . . . . . 66
40 Register of searches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
41 Who may be required to give test sample . . . . . . . . . . . . . . . . . . 67
42 Giving test sample . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
43 Consequences of positive test sample . . . . . . . . . . . . . . . . . . . . 68
Division 4 Mail, phone calls and other communications
Subdivision 1 Mail
44 Prisoner’s ordinary mail at prisoner’s own expense . . . . . . . . . . 69
45 Opening, searching and censoring mail . . . . . . . . . . . . . . . . . . . 69
46 Seizing and otherwise dealing with mail containing information about the
commission of an offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
47 Seizing harmful or prohibited things contained in privileged mail 71
48 Seizing ordinary mail and things contained in it . . . . . . . . . . . . . 71
49 Register of privileged mail searches . . . . . . . . . . . . . . . . . . . . . . 72
Subdivision 2 Phone calls
50 Phone calls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Subdivision 3 Other communications
51 Personal videoconferences for approved prisoners . . . . . . . . . . 73
Subdivision 4 Recording or monitoring prisoner communications
52 Recording or monitoring prisoner communication . . . . . . . . . . . . 74
Division 5 Safety orders
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53 Safety order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
54 Consecutive safety orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
55 Review of safety order—doctor or psychologist . . . . . . . . . . . . . 77
56 Review of safety order—official visitor . . . . . . . . . . . . . . . . . . . . 78
57 Health examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
58 Temporary safety order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
59 Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Division 6 Maximum security orders
60 Maximum security order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
61 Consecutive maximum security orders . . . . . . . . . . . . . . . . . . . . 82
62 Other matters about maximum security order . . . . . . . . . . . . . . . 82
63 Review of maximum security order . . . . . . . . . . . . . . . . . . . . . . . 83
63A Suspension of maximum security order . . . . . . . . . . . . . . . . . . . 84
64 Health examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
65 Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Division 7 Transfer and removal of prisoners
Subdivision 1 Transfer to a work camp
66 Work order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
67 Restriction on eligibility for transfer to work camp . . . . . . . . . . . . 87
Subdivision 2 Other transfer and removal of prisoners
68 Transfer to another corrective services facility, health facility or personal
care facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
68A Restriction on eligibility for transfer to low custody facility . . . . . . 89
69 Transfer to court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
70 Removal of prisoner for law enforcement purposes . . . . . . . . . . 90
Subdivision 3 Reconsidering transfer decision
71 Reconsidering decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Division 8 Leave of absence
Subdivision 1 Chief executive’s powers
72 Power to grant leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
73 Compassionate leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Subdivision 3 Restrictions on granting particular leave
81 Leave for prisoner serving a life sentence, or serious violent offender
93
82 Leave for other particular prisoners . . . . . . . . . . . . . . . . . . . . . . . 94
Subdivision 4 Other provisions about leave of absence
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83 Prisoner’s expenses while on leave . . . . . . . . . . . . . . . . . . . . . . 95
84 Prisoner’s duties while on leave . . . . . . . . . . . . . . . . . . . . . . . . . 95
85 Suspending or cancelling order for leave of absence . . . . . . . . . 95
87 Leave of absence is part of period of imprisonment . . . . . . . . . . 96
88 When leave of absence is not required . . . . . . . . . . . . . . . . . . . . 96
Division 9 Interstate leave of absence
Subdivision 1 Interstate leave permit
89 Interstate leave permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
90 Effect of interstate leave permit . . . . . . . . . . . . . . . . . . . . . . . . . . 97
91 Amending or cancelling permit . . . . . . . . . . . . . . . . . . . . . . . . . . 97
92 Notice to participating State . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
93 Liability for damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Subdivision 2 Corresponding interstate leave permit
94 Effect of corresponding interstate leave permit . . . . . . . . . . . . . . 98
95 Escape of interstate prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Subdivision 3 Corresponding law
96 Corresponding law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Division 9A Approvals for Mutual Assistance in Criminal Matters Act 1987
(Cwlth)
96A Mutual assistance approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
96B Giving prisoner notice of approval and conditions . . . . . . . . . . . . 101
96C Complying with conditions of approval . . . . . . . . . . . . . . . . . . . . 101
96D Time spent while released under mutual assistance approval is part of
period of imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
Division 11 Discharge or release
108 Discharge or release . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
109 Effect of remission on discharge day for cumulative sentence . . 102
110 Discharge within 7 days before discharge day . . . . . . . . . . . . . . 103
111 Remaining in corrective services facility after discharge day or release
day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Division 12 Arrest of prisoners
112 Arresting prisoner unlawfully at large or absent . . . . . . . . . . . . . 104
Chapter 3 Breaches of discipline and offences
Part 1 Breaches of discipline by prisoners
113 Breaches of discipline generally . . . . . . . . . . . . . . . . . . . . . . . . . 106
114 Breach of discipline constituting an offence . . . . . . . . . . . . . . . . 107
115 Prisoner not to be punished twice for same act or omission . . . . 107
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116 Considering whether breach of discipline committed . . . . . . . . . 108
117 Further provisions about considering major breach of discipline 109
118 Consequences of breach of discipline . . . . . . . . . . . . . . . . . . . . . 109
119 Review of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
120 Disciplinary breach register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
121 Separate confinement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Part 2 Offences by prisoners
122 Unlawful assembly, riot and mutiny . . . . . . . . . . . . . . . . . . . . . . . 112
123 Dealing with prohibited thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
124 Other offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
Part 2A Offences by staff members
124A Prohibition on intimate relationships between staff members and
offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Part 2B Offence to possess restricted item on corrective services land
124B Offence to possess restricted item on corrective services land . 117
Part 3 General offences
125 Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
126 Helping prisoner at large . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
127 Obstructing staff member or proper officer of a court . . . . . . . . . 119
128 Taking prohibited thing into corrective services facility or giving
prohibited thing to prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
129 Removing things from corrective services facility . . . . . . . . . . . . 120
130 Unlawful entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
131 Killing or injuring corrective services dog . . . . . . . . . . . . . . . . . . 121
131A Wilfully and unlawfully killing or seriously injuring corrective services dog
122
132 Interviewing and photographing prisoner etc. . . . . . . . . . . . . . . . 122
132A Unlawful use of drones around corrective services facilities . . . . 123
133 Interfering with records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
134 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . 125
135 Person near prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
136 Temporary detention for security offence . . . . . . . . . . . . . . . . . . 127
137 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . 128
Part 4 Seizing property
138 Seizing property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
139 Receipt for seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
140 Forfeiting seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
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141 Returning seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
142 Power of court in relation to seized thing . . . . . . . . . . . . . . . . . . 132
Part 5 Use of force
Division 1 Use of reasonable force
143 Authority to use reasonable force . . . . . . . . . . . . . . . . . . . . . . . . 132
Division 2 Use of lethal force
144 Training for use of lethal force . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
145 Issue, handling and storage of weapons . . . . . . . . . . . . . . . . . . . 134
146 Use of lethal force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
147 Requirements for use of lethal force . . . . . . . . . . . . . . . . . . . . . . 135
148 Reporting use of lethal force . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
Chapter 4 Corrective services facilities
Part 1 Establishing corrective services facilities
149 Prisons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
150 Prison amenities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
151 Other corrective services facilities . . . . . . . . . . . . . . . . . . . . . . . . 137
Part 2 Visiting corrective services facilities
Division 1 General
152 Warnings to visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
153 Prisoner’s entitlement to visits . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
154 Contact during personal visit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
Division 2 Procedure for visits
155 Access approval required for particular visitors . . . . . . . . . . . . . . 140
156 Deciding application for access approval . . . . . . . . . . . . . . . . . . 140
156A Interim access approval for personal visitor . . . . . . . . . . . . . . . . 142
156B Urgent access approval for commercial visitor . . . . . . . . . . . . . . 143
157 Suspending access approval . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
157A Amending or revoking access approval . . . . . . . . . . . . . . . . . . . 145
158 Monitoring personal visit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
159 Search of visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
160 Identification of visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
161 Visitor may be directed to leave corrective services facility . . . . 147
162 Proof of identity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
163 Direction to visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Division 3 Further provisions about particular visitors
164 Accredited or government visitor . . . . . . . . . . . . . . . . . . . . . . . . . 148
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165 Casual site visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
166 Children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
167 Law enforcement visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
168 Personal visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
169 Professional visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
170 Commercial visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
171 Other visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
Part 3 Staff members
172 Staff member interacting with prisoner, etc. . . . . . . . . . . . . . . . . 152
173 Search of staff member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Part 4 Searching corrective services facilities and vehicles
174 Power to search corrective services facility . . . . . . . . . . . . . . . . . 152
175 Power to search vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
Part 5 Powers and limitations for searches
175A Conducting searches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
Chapter 5 Parole
Part 1AA Preliminary
175B Definitions for chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
175C Meaning of no body-no parole prisoner . . . . . . . . . . . . . . . . . . . . 156
175D Meaning of restricted prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
Part 1AB Parole declarations
Division 1 Restricted prisoner declarations
175E Making restricted prisoner declaration . . . . . . . . . . . . . . . . . . . . 157
175F Restricted prisoner report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
175G If restricted prisoner report given to president . . . . . . . . . . . . . . . 157
175H Deciding to make restricted prisoner declaration . . . . . . . . . . . . 158
175I If restricted prisoner declaration made . . . . . . . . . . . . . . . . . . . . 160
175J If restricted prisoner declaration not made . . . . . . . . . . . . . . . . . 161
Division 2 No cooperation declarations
175K Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
175L Parole board may make no cooperation declaration . . . . . . . . . . 162
175M Parole board may request commissioner’s report . . . . . . . . . . . . 162
175N Parole board must notify no body-no parole prisoner . . . . . . . . . 163
175O Deciding if satisfactory cooperation . . . . . . . . . . . . . . . . . . . . . . . 163
175P If prisoner does not give satisfactory cooperation . . . . . . . . . . . . 164
175Q If prisoner gives satisfactory cooperation . . . . . . . . . . . . . . . . . . 165
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175R Prisoner may make reconsideration application . . . . . . . . . . . . . 165
175S Deciding reconsideration application . . . . . . . . . . . . . . . . . . . . . . 166
175T Discretion to call meeting to reconsider . . . . . . . . . . . . . . . . . . . 167
175U If reconsideration application granted or meeting called . . . . . . . 168
Part 1 Parole orders
Division 1 Application for parole order
Subdivision 1 Exceptional circumstances parole order
176 Applying for an exceptional circumstances parole order . . . . . . . 168
176A Deciding applications made by restricted prisoner . . . . . . . . . . . 169
176B Applications made by no body-no parole prisoner . . . . . . . . . . . 169
176C Applications made by prisoners on remand . . . . . . . . . . . . . . . . 169
Subdivision 2 Other parole order
178 Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
179 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
180 Applying for parole order etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
181 Parole eligibility date for prisoner serving term of imprisonment for life
172
181A Parole eligibility date for prisoner serving term of imprisonment for life for
a repeat serious child sex offence . . . . . . . . . . . . . . . . . . . . . . . . 173
182 Parole eligibility date for serious violent offender . . . . . . . . . . . . 174
182A Parole eligibility date for prisoner serving term of imprisonment for other
particular serious offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
183 Parole eligibility date for prisoner detained for a period directed by a
judge under Criminal Law Amendment Act 1945, pt 3 . . . . . . . . 176
184 Parole eligibility date for other prisoners . . . . . . . . . . . . . . . . . . . 176
185 Parole eligibility date for prisoner serving terms of imprisonment in
particular circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
185A Parole eligibility date for particular prisoners granted exceptional
circumstances parole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
185B Parole eligibility date for prisoner serving term of imprisonment for an
offence against Weapons Act 1990, s 50, 50B or 65 . . . . . . . . . 181
Division 2 Hearing and deciding application for parole order
Subdivision 1 Preliminary
186 Definition for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
Subdivision 2 Procedure
188 Submission from eligible person . . . . . . . . . . . . . . . . . . . . . . . . . 182
189 Appearing before parole board . . . . . . . . . . . . . . . . . . . . . . . . . . 183
190 Applying for leave to appear before parole board . . . . . . . . . . . . 184
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191 When application for parole order lapses . . . . . . . . . . . . . . . . . . 184
192 Parole board not bound by sentencing court’s recommendation or parole
eligibility date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
193 Deciding parole applications—general . . . . . . . . . . . . . . . . . . . . 184
193A Deciding parole applications—no body-no parole prisoner . . . . . 187
193AA Deciding parole applications—restricted prisoner . . . . . . . . . . . . 187
193B Deciding applications for parole orders made by prisoners with links to
terrorism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
193C Deferring decision to obtain information about terrorism links . . 189
193D Parole board may ask commissioner for reports about prisoners’ links to
terrorism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
193E Reports about prisoners’ links to terrorism . . . . . . . . . . . . . . . . . 190
194 Types of parole orders granted by parole board . . . . . . . . . . . . . 191
Division 3 Court ordered parole order
199 Court ordered parole order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
Division 4 Conditions of parole and directions to prisoners
200 Conditions of parole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
200A Directions to prisoners subject to parole order . . . . . . . . . . . . . . 193
Division 5 Amending, suspending or cancelling parole order
Subdivision 1 Chief executive powers
201 Chief executive may amend parole order . . . . . . . . . . . . . . . . . . 194
202 Parole board may cancel amendment . . . . . . . . . . . . . . . . . . . . . 195
Subdivision 2 Parole board powers generally
205 Amendment, suspension or cancellation . . . . . . . . . . . . . . . . . . . 195
206 Warrant for prisoner’s arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
208 Reconsidering decision to suspend or cancel parole order . . . . . 198
Subdivision 2A Requests for immediate suspension
208A Request for immediate suspension of parole order . . . . . . . . . . . 198
208B Decision on request for immediate suspension of parole order . 199
208C Parole board must consider suspension by prescribed board member
201
Subdivision 3 Automatic cancellation
209 Automatic cancellation of order by further imprisonment . . . . . . 201
210 Warrant for prisoner’s arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
Subdivision 4 Effect of cancellation
211 Effect of cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203
Division 6 Other provisions about parole orders
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212 Travelling interstate while released on parole . . . . . . . . . . . . . . . 204
213 Travelling overseas while released on parole . . . . . . . . . . . . . . . 205
214 Prisoner released on parole taken to be still serving sentence . . 205
215 Expiry of parole order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
Part 2 Parole Board Queensland
Division 1 Establishment and functions
216 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
217 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
217A Nature of entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
Division 2 Powers
218 Powers generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
219 Power to require attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
220 Expenses of attendance and documents produced . . . . . . . . . . 207
Division 3 Membership
221 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
222 President and deputy president . . . . . . . . . . . . . . . . . . . . . . . . . . 209
223 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
224 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
225 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
226 Vacancy in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
227 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
228 Acting prescribed members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
229 Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
229A Functions of president . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
229B Delegation of particular function of president . . . . . . . . . . . . . . . 215
229C Functions of deputy president . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
Division 4 Proceedings
230 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
231 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
232 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
233 Meetings generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
234 Meetings about particular matters relating to parole orders . . . . 218
235 Attendance of staff member at meetings . . . . . . . . . . . . . . . . . . . 219
Division 4A Publication of decisions
235A Parole board must publish particular information . . . . . . . . . . . . 220
Division 5 Parole Board Queensland Secretariat
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236 Establishment and functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
Division 6 Pension entitlements of president and deputy president
237 Judges pension scheme applies to former senior board member 221
238 Period for which person holds office as president or deputy president
221
239 Pension at end of appointment generally . . . . . . . . . . . . . . . . . . 221
240 Pension if appointment ends because of ill health . . . . . . . . . . . 222
241 When pension becomes payable . . . . . . . . . . . . . . . . . . . . . . . . 223
242 Pension of spouse and children on death of former senior board member
223
242A What happens if former senior board member is removed from office as
a judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
242B What happens if former senior board member’s appointment is
terminated because of misconduct . . . . . . . . . . . . . . . . . . . . . . . 224
242C Former senior board member entitled to other pension . . . . . . . 224
242D Provision about agreements and court orders under Family Law Act 1975
(Cwlth) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225
Division 7 Other matters
242E Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
242F Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
242G Special report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
242GA Information relevant to administration . . . . . . . . . . . . . . . . . . . . . 227
242H Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
242I Vacancies or failures in appointment of members . . . . . . . . . . . 228
Part 3 General
243 Legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
244 Corrective services officer subject to direction of parole board . . 228
245 Chief executive must prepare and give report to parole board . . 228
246 Invalidity of parole board’s acts, proceedings or decisions . . . . . 229
247 Authentication of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
247A When a person promotes terrorism . . . . . . . . . . . . . . . . . . . . . . . 229
Chapter 6 Administration
Part 1 Grant of financial assistance
Division 1 Application for grant
248 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
249 No entitlement to financial assistance . . . . . . . . . . . . . . . . . . . . . 230
250 Approval of grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
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251 Who may receive approval for one-off financial assistance . . . . 231
Division 2 Conditions of grant
Subdivision 1 Agreement
252 No financial assistance without agreement . . . . . . . . . . . . . . . . . 231
253 What financial assistance agreement is to contain . . . . . . . . . . . 232
254 Chief executive’s powers not limited by agreement . . . . . . . . . . 233
Subdivision 2 Insurance and prescribed requirements
255 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
256 Prescribed requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
257 Grantee must comply with prescribed requirements . . . . . . . . . . 234
Subdivision 3 Monitoring compliance with conditions
258 Chief executive’s examination of records . . . . . . . . . . . . . . . . . . 235
Subdivision 4 Noncompliance with conditions and prescribed requirements
259 Chief executive’s powers if suspicion that condition not complied with
235
260 Chief executive may ask grantee to provide explanation . . . . . . 235
261 Chief executive may suspend further payments . . . . . . . . . . . . . 236
262 Compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
Part 2 Chief executive
Division 1 General functions and powers
263 Functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
Division 2 Particular powers and obligations
264 Administrative directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
265 Administrative procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
266 Programs and services to help offenders . . . . . . . . . . . . . . . . . . 239
267 Monitoring devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
267A Establishing and operating particular infrastructure . . . . . . . . . . 240
269 Commissioner to provide police to help chief executive . . . . . . . 241
270 Community service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
271 Delegation of functions of chief executive . . . . . . . . . . . . . . . . . . 241
Division 3 Declaration of emergency
271A Definition for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
271B Declaration of emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
271C Additional powers of chief executive during declared emergency 244
271D Publication of declaration of emergency . . . . . . . . . . . . . . . . . . . 246
Part 3 Engaged service providers
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272 Engaging service provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
273 Acts applying to engaged service provider . . . . . . . . . . . . . . . . . 248
274 Review of engaged service provider’s performance . . . . . . . . . . 249
Part 4 Corrective services officers
275 Appointing corrective services officers . . . . . . . . . . . . . . . . . . . . 250
276 Powers of corrective services officer . . . . . . . . . . . . . . . . . . . . . . 250
277 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
278 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . 251
279 Corrective services dog . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
280 Use of corrective services dog . . . . . . . . . . . . . . . . . . . . . . . . . . 251
281 Corrective services dog may accompany corrective services officer 252
282 Application of local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
Part 6 Official visitors
285 Appointing official visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
286 Assigning official visitor to corrective services facility . . . . . . . . . 253
287 Remuneration, allowances and expenses . . . . . . . . . . . . . . . . . . 253
288 Terminating appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
289 Prisoner’s request to see official visitor . . . . . . . . . . . . . . . . . . . . 254
290 Official visitor’s function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
291 Official visitor powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
292 Official visitor reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
Part 7 Elders, respected persons and spiritual healers
293 Appointing elders, respected persons and spiritual healers . . . . 257
Part 8 Inspectors
Division 1 Appointment
294 Appointment and functions of inspectors . . . . . . . . . . . . . . . . . . 257
295 Appointing inspectors for an incident . . . . . . . . . . . . . . . . . . . . . 258
296 Appointing chief inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
297 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 259
298 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
299 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . 260
300 When inspector ceases to hold office . . . . . . . . . . . . . . . . . . . . . 260
301 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
302 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
Division 2 Powers
303 Inspector’s powers generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
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303A Inspector’s powers relating to the proper officer of a court . . . . . 262
304 Inspector’s power to require information . . . . . . . . . . . . . . . . . . . 262
305 Inspectors’ reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
Part 9 Volunteers
306 Authorising volunteer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
Part 9A Alcohol and drug testing
Division 1 Preliminary
306A Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
306B Persons to whom part applies . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
Division 2 Provisions about alcohol testing
306C When is a person over the limit . . . . . . . . . . . . . . . . . . . . . . . . . . 265
306D Alcohol limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
306E Circumstances for alcohol testing . . . . . . . . . . . . . . . . . . . . . . . . 266
306F Random alcohol testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267
306G Giving samples for alcohol testing . . . . . . . . . . . . . . . . . . . . . . . . 267
306H Failure to give sample for alcohol testing . . . . . . . . . . . . . . . . . . 267
Division 3 Provisions about drug testing
306I Dangerous drugs and targeted substances levels . . . . . . . . . . . 268
306J Circumstances for substance testing . . . . . . . . . . . . . . . . . . . . . 268
306K Random substance testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
306L Giving sample for substance testing . . . . . . . . . . . . . . . . . . . . . . 269
306M Failure to give sample for substance testing . . . . . . . . . . . . . . . . 270
Division 4 What happens if a test result is positive
306N Positive alcohol or substance test . . . . . . . . . . . . . . . . . . . . . . . . 270
306O Effect of failure to comply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271
Division 5 General
306P Interfering with samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271
306Q Alcohol or drug test results generally inadmissible . . . . . . . . . . . 271
Part 10 Prisoners of a court
307 Prisoner in proper officer of a court’s custody . . . . . . . . . . . . . . . 272
308 Powers of proper officer of a court . . . . . . . . . . . . . . . . . . . . . . . 273
309 Delegation of powers of proper officer of a court . . . . . . . . . . . . 274
310 Court cells . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
Part 11 Property
Division 1 Prisoner’s money
311 Prisoners trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
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311A Dealing with amounts received for prisoners in particular cases 276
312 Trust account records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
313 Payments to prisoner’s account . . . . . . . . . . . . . . . . . . . . . . . . . 277
314 Deductions from prisoner’s account . . . . . . . . . . . . . . . . . . . . . . 278
315 Investment of prisoners trust fund . . . . . . . . . . . . . . . . . . . . . . . . 278
316 Remuneration for prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279
Division 2 Other property of prisoner
317 Bringing property into corrective services facility . . . . . . . . . . . . 279
318 Dealing with property if prisoner escapes . . . . . . . . . . . . . . . . . . 280
Part 12 Compensation
319 Compensation for lost or damaged property . . . . . . . . . . . . . . . . 280
Part 12A Discrimination complaints
Division 1 Preliminary
319A Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281
319B Purpose of part and its achievement . . . . . . . . . . . . . . . . . . . . . . 281
319C Relationship with Anti-Discrimination Act . . . . . . . . . . . . . . . . . . 282
Division 2 Restrictions on complaints
319D No property or interest in right of complaint . . . . . . . . . . . . . . . . 282
319E Complaint to chief executive required first . . . . . . . . . . . . . . . . . 282
Division 3 Modifications
319G When treatment of offender by protected defendant is not direct
discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
319H When term imposed on offender by protected defendant is not indirect
discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
319I Restrictions on tribunal compensation orders . . . . . . . . . . . . . . . 285
Part 12B Victim trust funds
Division 1 Preliminary
319J Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
319K Relationship between divs 2 to 4 and div 5 . . . . . . . . . . . . . . . . . 288
Division 2 Restrictions on causes of action and agreements
319L No property or interest in causes of action . . . . . . . . . . . . . . . . . 289
319M No property or interest under agreements . . . . . . . . . . . . . . . . . 289
Division 3 Establishment of victim trust fund
319N Relevant money held in trust in a victim trust fund . . . . . . . . . . . 290
319O Chief executive to be notified of victim trust fund . . . . . . . . . . . . 290
319P Victim trust fund to be transferred to public trustee . . . . . . . . . . . 291
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319Q Discharge of protected defendant . . . . . . . . . . . . . . . . . . . . . . . . 292
319R Relevant money to form a separate victim trust fund . . . . . . . . . 293
Division 4 Distribution of victim trust fund
Subdivision 1 Victim claims
319S What is a victim claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293
319T Notice to potential claimants . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
319U Identification of potential claimants . . . . . . . . . . . . . . . . . . . . . . . 295
319V Giving of information to potential claimants . . . . . . . . . . . . . . . . . 295
319W Starting of victim claims proceedings despite expiry of limitation period
296
319X Notifying victim claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
319Y Payment of eligible victim claims from victim trust fund . . . . . . . 298
Subdivision 2 Entity claims
319Z What is an entity claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
319ZA Notice to collection entities of establishment of victim trust fund 303
319ZB Notice to collection entities if amount left in victim trust fund . . . 303
319ZC Notifying entity claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304
319ZD Payment of eligible entity claims from victim trust fund . . . . . . . . 305
Subdivision 3 Payments to offender
319ZE Payment to offender of victim trust fund surplus . . . . . . . . . . . . . 305
319ZF Payment to offender if no victim claims or entity claims against offender
306
Division 5 Amounts not included in victim trust fund
319ZG Exception for future medical expenses . . . . . . . . . . . . . . . . . . . . 306
319ZH Exception for legal costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307
319ZI Orders in relation to relevant money . . . . . . . . . . . . . . . . . . . . . . 308
319ZJ Agreements in relation to relevant money . . . . . . . . . . . . . . . . . . 308
Division 6 Miscellaneous
319ZK Amounts payable to public trustee for performance of functions 308
319ZL Maximum legal costs of victim claims . . . . . . . . . . . . . . . . . . . . . 309
Part 13 Information
Division 1 Giving notices and information to eligible persons
320 Eligible persons register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310
321 Effect of offence and violence as ground for registration . . . . . . 311
322 Domestic violence as ground for registration . . . . . . . . . . . . . . . 312
323 Registration against homicide offender . . . . . . . . . . . . . . . . . . . . 312
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323A Registration if eligible person is child or person with impaired capacity
313
323B Nomination of entity to receive information on behalf of eligible person
314
324 Removing details from eligible persons register . . . . . . . . . . . . . 314
324AA Provision of notice or information to eligible person . . . . . . . . . . 316
324A Right of eligible persons to receive particular information . . . . . . 317
325 Giving eligible persons other information . . . . . . . . . . . . . . . . . . 318
Division 2 Criminal history of relevant person
Subdivision 1 Preliminary
326 Purpose of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320
327 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320
328 Relationship with Criminal Law (Rehabilitation of Offenders) Act 1986
321
329 Chief executive must advise of duties of disclosure etc. . . . . . . . 321
Subdivision 2 Disclosure of criminal history
330 Person seeking to be a relevant person must disclose criminal history
321
331 Relevant person must disclose changes in criminal history . . . . 322
332 Requirements for disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322
333 False, misleading or incomplete disclosure or failure to disclose 322
Subdivision 3 Chief executive may obtain criminal information from other entities
about criminal history and particular investigations
334 Chief executive may obtain report from commissioner of police service
323
335 Prosecuting authority to notify chief executive about committal,
conviction etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
Subdivision 4 Control on use of information about criminal history and particular
investigations
336 Use of information obtained under this division . . . . . . . . . . . . . . 326
337 Person to be advised of information obtained . . . . . . . . . . . . . . . 327
338 Reconsidering decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327
339 Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328
340 Guidelines for dealing with information . . . . . . . . . . . . . . . . . . . . 329
Division 3 Other provisions about information
340AA Sensitive information that need not be included in reasons . . . . 329
340A Sensitive information from law enforcement agencies . . . . . . . . 330
341 Confidential information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332
Contents
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341A Chief executive may give registrar particular information . . . . . . 335
342 Commissioner to provide offender’s criminal history . . . . . . . . . . 336
343 Traffic history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336
344 Pre-sentence report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337
Part 13A Use of dangerous drugs for training
Division 1 Preliminary
344A Object of pt 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 338
344B Definitions for pt 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339
Division 2 Drug control officers
344C Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 340
344D Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341
344E Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341
344F Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341
344G Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 342
344H Function and powers of drug control officer . . . . . . . . . . . . . . . . 342
Division 3 Keeping and use of dangerous drugs for training
344I Keeping dangerous drug for use in department training . . . . . . . 342
344J Making drug control direction . . . . . . . . . . . . . . . . . . . . . . . . . . . 343
344K Entering into agency arrangement . . . . . . . . . . . . . . . . . . . . . . . 344
344L Requirements for keeping of dangerous drugs for training purposes 344
Division 4 Register of dangerous drugs for training
344M Register of dangerous drugs for training . . . . . . . . . . . . . . . . . . . 346
344N Information to be recorded in the register of dangerous drugs for training
347
344O Restriction on release of information from register of dangerous drugs for
training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349
Part 14 Surrender of equipment and identity card
345 Staff members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350
Part 15 Legal provisions
346 Royal prerogative of mercy etc. not affected . . . . . . . . . . . . . . . . 351
347 Interpretation of authority for admission to corrective services facility
351
348 Execution of warrant by corrective services officer . . . . . . . . . . . 351
349 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 352
350 Proceedings for offences—general . . . . . . . . . . . . . . . . . . . . . . . 353
350A Proceeding for offence against s 131A . . . . . . . . . . . . . . . . . . . . 353
350B Maximum penalty for offence against s 131A dealt with summarily 354
Contents
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350C Appeal against decision to decide charge against s 131A summarily
354
351 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355
Part 16 Miscellaneous
352 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357
353 Exemption from tolls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357
354 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357
355 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357
Chapter 7 Transitional and other provisions for Corrective Services Act 2006
Part 1 Preliminary
356 Definitions for ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358
357 Continued actions or things to be read with necessary changes 358
Part 2 Prisoners and other persons in custody
Division 1 Custody and admission
358 Where persons to be detained . . . . . . . . . . . . . . . . . . . . . . . . . . 359
359 When persons in chief executive’s custody . . . . . . . . . . . . . . . . . 359
360 When persons in commissioner’s custody . . . . . . . . . . . . . . . . . 360
361 Authority for admission to corrective services facility . . . . . . . . . 360
362 Continuation of record for identifying prisoners . . . . . . . . . . . . . . 360
363 Prisoner classifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361
364 Asking chief executive to reconsider decision about classification 362
Division 2 Management of prisoners
365 Direction given before commencement . . . . . . . . . . . . . . . . . . . . 362
366 Order or direction for medical examination or treatment . . . . . . . 362
367 Authorisation for medical examination or treatment . . . . . . . . . . 363
368 Application or approval for private medical examination or treatment
363
369 Previous notice about lodging notice of intention to marry and approval
and decision about marriage . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364
370 Previous notice about change of name . . . . . . . . . . . . . . . . . . . . 364
371 Carrying on a business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364
Division 3 Children accommodated with female prisoners
372 Application or approval for accommodation of child with prisoner 365
373 Reviewing decisions about children . . . . . . . . . . . . . . . . . . . . . . 365
374 Existing application for review of decision about accommodation of child
with prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365
Division 4 Search of prisoners
Contents
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375 Existing order for personal searching whenever prisoner leaves part of
secure facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366
376 Existing direction or order for strip searching of prisoner . . . . . . 366
377 Continuation of register of searches . . . . . . . . . . . . . . . . . . . . . . 366
378 Test samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367
379 Requirement for test sample before commencement but test sample not
given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367
Division 5 Mail and phone calls
380 Phone calls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367
Division 6 Special treatment orders and crisis support orders
381 Special treatment order and crisis support order . . . . . . . . . . . . 368
382 Review of special treatment order . . . . . . . . . . . . . . . . . . . . . . . . 368
383 Review of crisis support order . . . . . . . . . . . . . . . . . . . . . . . . . . . 368
384 Continuation of records about special treatment orders and crisis support
orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369
Division 7 Maximum security orders
385 Maximum security order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369
386 Medical examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 370
387 Review of maximum security order . . . . . . . . . . . . . . . . . . . . . . . 370
388 Continuation of record about maximum security orders . . . . . . . 370
Division 8 Transfer and removal of prisoners
389 Transfer to another corrective services facility or health institution 370
390 Transfer to court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 371
391 Removal of prisoner for law enforcement purposes . . . . . . . . . . 371
392 WORC and WCC programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 372
Division 9 Leave of absence
393 Existing order for leave other than resettlement leave . . . . . . . . 372
394 Existing order for resettlement leave . . . . . . . . . . . . . . . . . . . . . . 373
395 Existing authority for prisoner’s expenses while on leave . . . . . . 373
396 Existing suspension of order for leave and requirement to return to
corrective services facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 373
Division 10 Interstate leave of absence
397 Existing interstate leave permit . . . . . . . . . . . . . . . . . . . . . . . . . . 373
398 Existing warrant for return of interstate prisoner . . . . . . . . . . . . . 374
399 Liability for damage because of interstate leave permit . . . . . . . 374
Division 11 Remission and conditional release
Subdivision 1 Remission
Contents
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400 Existing grant of remission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375
401 Eligibility for remission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375
402 Court order for remaking decision about remission . . . . . . . . . . . 375
Subdivision 2 Conditional release
403 Existing conditional release order . . . . . . . . . . . . . . . . . . . . . . . . 376
404 Notice about considering to refuse to make conditional release order
377
Division 12 Arrest of prisoners
405 Existing warrant for prisoner unlawfully at large . . . . . . . . . . . . . 377
Part 3 Breaches and offences
Division 1 Breaches of discipline by prisoners
406 Act or omission that is a breach of discipline before commencement
378
407 Existing order for separate confinement . . . . . . . . . . . . . . . . . . . 379
408 Review of decision about breach of discipline . . . . . . . . . . . . . . . 379
409 Continuation of disciplinary breach register . . . . . . . . . . . . . . . . 379
Division 2 Seizing property
410 Dealing with seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380
411 Forfeiting seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380
412 Review of decision to forfeit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380
Division 3 Use of lethal force
413 Continuation of authorisation for issue, handling and storage of weapons
381
414 Continuation of record of use of lethal force . . . . . . . . . . . . . . . . 381
Part 4 Corrective services facilities
Division 1 Existing corrective services facilities
415 Prisons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 382
416 Community corrections centres . . . . . . . . . . . . . . . . . . . . . . . . . . 382
417 WORC sites and WCC sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383
Division 2 Visiting corrective services facilities
418 Approval for personal visit to be a contact visit . . . . . . . . . . . . . . 383
419 Existing application for approval to access corrective services facility
383
420 Approval to access corrective services facility . . . . . . . . . . . . . . 383
421 Existing entitlement to apply for review of refusal for access approval
384
422 Proof of identity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384
Contents
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Page 23
423 Existing suspension of approval to access corrective services facility
384
424 Existing entitlement to apply for review of suspension of approval to
access corrective services facility . . . . . . . . . . . . . . . . . . . . . . . . 384
425 Monitoring personal visits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385
Part 5 Parole
Division 1 Existing post-prison community based release orders
426 Post-prison community based release order . . . . . . . . . . . . . . . . 385
427 Eligibility for post-prison community based release order . . . . . . 385
428 Application for post-prison community based release order . . . . 386
429 Existing authority for prisoner’s expenses while on parole . . . . . 386
430 Travelling interstate or overseas while on parole . . . . . . . . . . . . 386
431 Suspension of parole order by chief executive . . . . . . . . . . . . . . 387
432 Amendment, suspension or cancellation of parole order by corrections
board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388
433 Reviewing existing regional board’s decision to refuse application 389
Division 2 Existing community corrections boards
Subdivision 1 Queensland Community Corrections Board
434 Queensland Community Corrections Board . . . . . . . . . . . . . . . . 390
435 Secretary of Queensland Community Corrections Board . . . . . . 390
436 Existing guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 391
437 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 391
Subdivision 2 Regional community corrections boards
438 Existing regional boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 391
439 Continuation of member’s appointment . . . . . . . . . . . . . . . . . . . . 392
440 Secretary of existing regional board . . . . . . . . . . . . . . . . . . . . . . 392
441 Annual report of existing regional board . . . . . . . . . . . . . . . . . . . 393
Subdivision 3 Powers of corrections boards
442 Powers of corrections board to require attendance . . . . . . . . . . . 393
Part 6 Administration
Division 1 Chief executive
443 Functions and powers of chief executive . . . . . . . . . . . . . . . . . . 394
444 Existing administrative policies and procedures . . . . . . . . . . . . . 394
445 Existing services and programs . . . . . . . . . . . . . . . . . . . . . . . . . 394
446 Monitoring devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395
447 Declaration of emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395
448 Commissioner to provide police . . . . . . . . . . . . . . . . . . . . . . . . . 395
Contents
Corrective Services Act 2006
Page 24
Division 2 Engaged service providers
449 Existing authorisation for engaged service provider . . . . . . . . . . 395
450 Review of engaged service provider’s performance . . . . . . . . . . 396
Division 3 Continuing appointments
451 General provision about appointments or authorisations continued under
div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396
452 Corrective services officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396
453 Corrective services dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397
454 Doctors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397
455 Official visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397
456 Elders, respected persons and indigenous spiritual healers . . . . 397
457 Inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398
458 Inspector’s reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398
459 Volunteers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398
460 Prisoner in proper officer of the court’s custody . . . . . . . . . . . . . 398
Division 4 Property
461 Prisoners trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399
462 Trust account records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399
463 Investment of prisoners trust fund . . . . . . . . . . . . . . . . . . . . . . . . 399
464 Remuneration of prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399
Division 5 Compensation
465 Compensation for loss or damage to property . . . . . . . . . . . . . . 400
Division 6 Information
466 Concerned persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400
467 Commissioner to provide criminal history . . . . . . . . . . . . . . . . . . 401
468 Traffic history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401
Division 7 Legal provisions
469 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401
Part 7 Other transitional provisions
470 References in Acts or documents . . . . . . . . . . . . . . . . . . . . . . . . 402
471 Authorities and actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403
472 Corrective Services Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404
473 Previous expectations of prisoner . . . . . . . . . . . . . . . . . . . . . . . . 405
474 All release to be dealt with under this Act . . . . . . . . . . . . . . . . . . 407
Part 8 Declaration and validation provisions
475 Declaration and validation about particular warrants issued under
Contents
Corrective Services Act 2006
Page 25
Penalties and Sentences Act 1992 . . . . . . . . . . . . . . . . . . . . . . . 408
476 Declaration about prisoner for 2000 Act, ch 5, pt 1 . . . . . . . . . . . 409
Part 9 Saving, transitional and validating provisions for Corrective
Services Act 2000
477 Purpose of pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 409
478 Provisions for sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410
Chapter 7A Other transitional and validation provisions
Part 1 Transitional provisions for Criminal Code (Drink Spiking) and Other
Acts Amendment Act 2006
478A Previous expectations of sexual offenders about leave of absence 410
478B Previous expectations of sexual offenders about resettlement leave 411
Part 2 Transitional provisions for Corrective Services and Other
Legislation Amendment Act 2008
478C Definitions for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412
478D Discrimination complaints not decided before commencement . 413
478E Relevant money awarded after commencement . . . . . . . . . . . . . 413
478F Legal costs of victim claims brought before commencement . . . 413
Part 3 Transitional provision for Criminal Code and Other Acts
Amendment Act 2008
479 Reference in sch 1 to Criminal Code provision . . . . . . . . . . . . . . 414
Part 4 Transitional provisions for Corrective Services and Other
Legislation Amendment Act 2009
480 Definitions for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 414
481 Existing order for reintegration leave . . . . . . . . . . . . . . . . . . . . . . 414
482 Existing order for resettlement leave . . . . . . . . . . . . . . . . . . . . . . 415
483 Existing approved resettlement leave programs . . . . . . . . . . . . . 415
484 Existing applications for approval of resettlement leave programs 415
485 Previous expectations of prisoner about reintegration leave or
resettlement leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 416
486 Application of ss 185A and 199(5) . . . . . . . . . . . . . . . . . . . . . . . 416
487 Application of previous s 193(5) . . . . . . . . . . . . . . . . . . . . . . . . . 417
488 Declarations for s 209 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417
489 Application of s 245 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418
490 Declarations for ss 311 and 311A . . . . . . . . . . . . . . . . . . . . . . . . 419
Part 5 Transitional provision for Criminal Law Amendment Act 2012
490A Application of amendment Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 419
Part 6 Transitional provision for Police Powers and Responsibilities
(Motor Vehicle Impoundment) and Other Legislation Amendment
Contents
Corrective Services Act 2006
Page 26
Act 2013
490B Application of amendment Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 420
Part 7 Transitional provision for Criminal Law and Other Legislation
Amendment Act 2013
490C Application of amendment Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 420
Part 8 Transitional provision for Safe Night Out Legislation Amendment
Act 2014
490D Application of s 182A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 421
Part 9 Transitional provisions for Serious and Organised Crime
Legislation Amendment Act 2016
490E Definition for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 421
490F Prisoner classifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 421
490G Keeping records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 422
490H Criminal organisation segregation orders . . . . . . . . . . . . . . . . . . 422
490I Requirement for test sample before commencement . . . . . . . . . 422
490J Directions to identified participant . . . . . . . . . . . . . . . . . . . . . . . . 423
490K Monitoring devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 423
Part 10 Transitional provision for Youth Justice and Other Legislation
(Inclusion of 17-year-old Persons) Amendment Act 2016
490L Continued application of repealed s 18(2) . . . . . . . . . . . . . . . . . . 423
Part 11 Transitional provisions for Corrective Services (Parole Board) and
Other Legislation Amendment Act 2017
490M Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 424
490N Dissolution of Queensland Parole Board and regional boards . . 425
490O Secretary of former board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425
490P Existing instruments and decisions made by a former board . . . 425
490Q Existing applications made to a former board . . . . . . . . . . . . . . . 427
490R Review of a regional board’s decision . . . . . . . . . . . . . . . . . . . . . 427
490S Particular orders made by chief executive . . . . . . . . . . . . . . . . . 428
490SA Steps before appointing particular board members . . . . . . . . . . 429
Part 12 Transitional provisions for Corrective Services (No Body, No
Parole) Amendment Act 2017
490U Application of s 193A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429
490V Existing applications for parole order or applications under s 490R 429
Part 13 Transitional provisions for Justice Legislation (Links to Terrorist
Activity) Amendment Act 2019
490W Definition for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430
490X Existing applications for parole orders or applications under s 490R 430
Contents
Corrective Services Act 2006
Page 27
490Y Application of particular provisions to parole orders . . . . . . . . . . 430
Part 14 Transitional provisions for Corrective Services and Other
Legislation Amendment Act 2020
490Z Definition for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 431
490ZA Extending period for submissions from eligible person . . . . . . . . 431
490ZB Deciding particular applications made before the commencement where
victim’s body or remains have not been located . . . . . . . . . . . . . 432
490ZC Meetings about particular matters relating to parole orders . . . . 432
Part 15 Transitional provisions for Police Powers and Responsibilities and
Other Legislation Amendment Act 2021
490ZC Definition for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 432
490ZD Application of ch 5, pts 1AA and 1AB . . . . . . . . . . . . . . . . . . . . . 432
490ZE Existing applications for parole order . . . . . . . . . . . . . . . . . . . . . 433
Part 16 Transitional provisions for Corrective Services (Emerging
Technologies and Security) and Other Legislation Amendment Act
2023
490ZF Changes to prisoner security classification . . . . . . . . . . . . . . . . . 433
490ZG Application of amended section 112 . . . . . . . . . . . . . . . . . . . . . . 434
Part 17 Validation provisions for Corrective Services (Promoting Safety)
and Other Legislation Amendment Act 2024
490ZI Validation of certain decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 434
490ZJ Validation of certain decisions of parole board . . . . . . . . . . . . . . 435
Part 18 Transitional and validation provisions for Police Powers and
Responsibilities and Other Legislation Amendment Act 2024
490ZJA Existing applications for parole orders . . . . . . . . . . . . . . . . . . . . 437
490ZK Validation of particular development . . . . . . . . . . . . . . . . . . . . . . 437
Part 19 Declaratory and validation provisions for Mineral and Energy
Resources and Other Legislation Amendment Act 2024
490ZN Start of parole orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 438
490ZO Particular parole board appointments . . . . . . . . . . . . . . . . . . . . . 438
Chapter 8 Repeal
491 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440
Schedule 1 Sexual offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 441
Schedule 2 Continuing provisions of Corrective Services Act 2000 . . . . 445
268A All release to be dealt with under this Act . . . . . . . . . . . . . . . . . . 445
268B Further provisions about transitional release circumstances . . . 446
268C Counting time if parole cancelled before 1 July 2001 . . . . . . . . . 447
274E Classified patient taken to be prisoner . . . . . . . . . . . . . . . . . . . . 448
[s 1]
Corrective Services Act 2006
Chapter 1 Preliminary
Current as at 16 September 2024 Page 29
Authorised by the Parliamentary Counsel
Corrective Services Act 2006
An Act to provide for corrective services, and for other
purposes
Chapter 1 Preliminary
1 Short title
This Act may be cited as the Corrective Services Act 2006.
2 Commencement
(1) Chapter 7, part 8 commences on the date of assent.
(2) The remaining provisions of this Act commence on a day to
be fixed by proclamation.
3 Purpose
(1) The purpose of corrective services is community safety and
crime prevention through the humane containment,
supervision and rehabilitation of offenders.
(2) This Act recognises that every member of society has certain
basic human entitlements, and that, for this reason, an
offender’s entitlements, other than those that are necessarily
diminished because of imprisonment or another court
sentence, should be safeguarded.
(3) This Act also recognises—
(a) the need to respect an offender’s dignity; and
(b) the special needs of some offenders by taking into
account—
[s 4]
Corrective Services Act 2006
Chapter 1 Preliminary
Page 30 Current as at 16 September 2024
Authorised by the Parliamentary Counsel
(i) an offender’s age, sex or cultural background; and
(ii) any disability an offender has.
4 Definitions
The dictionary in schedule 4 defines particular words used in
this Act.
5 References to prisoner and corrective services facility
In a provision of this Act about a prisoner, a reference to a
corrective services facility is a reference to the corrective
services facility in which the prisoner is detained.
5A Relationship with Human Rights Act 2019
(1) This section applies to the chief executive’s or a corrective
services officer’s consideration of—
(a) the Human Rights Act 2019, section 30(2) in relation to
a prisoner admitted to a corrective services facility for
detention on remand or a prisoner detained without
charge; or
(b) the Human Rights Act 2019, section 30 in relation to
managing a prisoner in a corrective services facility
where it is not practicable for the prisoner to be provided
with the prisoner’s own room under section 18.
(2) To remove any doubt, it is declared that the chief executive or
officer does not contravene the Human Rights Act 2019,
section 58(1) only because the chief executive’s or officer’s
consideration takes into account—
(a) the security and good management of corrective
services facilities; or
(b) the safe custody and welfare of all prisoners.
[s 6]
Corrective Services Act 2006
Chapter 2 Prisoners
Current as at 16 September 2024 Page 31
Authorised by the Parliamentary Counsel
Chapter 2 Prisoners
Part 1 Custody and admission of
prisoners
6 Where a person is to be detained
(1) A person sentenced to a period of imprisonment, or required
by law to be detained for a period, must be detained for the
period in a corrective services facility.
(2) However—
(a) if the period is 21 days or less—the person may be
detained in a watch house for part or all of the period; or
(b) if the period is more than 21 days—the person may be
detained in a watch house until the person can be
conveniently taken to a corrective services facility.
(3) This section applies subject to—
(a) the provisions of this Act that allow a prisoner to be
lawfully outside a corrective services facility; and
(b) the Criminal Code; and
(c) the Youth Justice Act 1992; and
(d) the Mental Health Act 2016; and
(e) the Parliament of Queensland Act 2001,
section 40(4)(a).
Note—
The Parliament of Queensland Act 2001, section 40 deals with
proceedings for punishment by the Legislative Assembly for
contempt.
[s 7]
Corrective Services Act 2006
Chapter 2 Prisoners
Page 32 Current as at 16 September 2024
Authorised by the Parliamentary Counsel
7 When a person is taken to be in the chief executive’s
custody
(1) If a person sentenced to a period of imprisonment or required
by law to be detained for a period is, while being taken to a
corrective services facility for detention, under the control of a
corrective services officer, the person is taken to be in the
chief executive’s custody.
(2) When admitted to a corrective services facility for detention, a
person is taken to be in the chief executive’s custody.
(3) Subsections (1) and (2) apply despite the provisions of a
warrant committing the person into someone else’s custody.
(4) Except for any time when the person is lawfully in another
person’s custody, the person remains in the chief executive’s
custody until discharged, even if the person is lawfully outside
a corrective services facility.
Example of when a person is lawfully in another person’s custody—
while the person is in the custody of a police or prison officer as
mentioned in the Mutual Assistance in Criminal Matters Act 1987
(Cwlth), section 26
Examples of when a person is lawfully outside a corrective services
facility—
• while the person is released on parole
• while the person is being transferred between corrective services
facilities or is attending court
• while the person is on health leave
(5) In a warrant committing a person to a corrective services
facility, or requiring a prisoner to be produced to the keeper or
officer in charge of a corrective services facility, a reference to
the keeper or officer in charge of the facility is a reference to
the chief executive.
(6) The chief executive is taken to have custody of a person even
if the person is in the physical custody of, or being supervised
by, an engaged service provider.
[s 8]
Corrective Services Act 2006
Chapter 2 Prisoners
Current as at 16 September 2024 Page 33
Authorised by the Parliamentary Counsel
8 When a person is taken to be in the commissioner’s
custody
(1) If a person sentenced to a period of imprisonment or required
by law to be detained for a period is, while being taken to a
corrective services facility for detention, under the control of a
police officer, the person is taken to be in the commissioner’s
custody.
(2) When admitted to a watch house for detention, a person is
taken to be in the commissioner’s custody, even if the person
is lawfully outside the watch house, until the person—
(a) is discharged; or
(b) is lawfully given into another person’s custody.
(3) Subsections (1) and (2) apply despite the provisions of a
warrant, record or order committing the person into someone
else’s custody.
9 Authority for admission to corrective services facility
(1) A person (the detainee) must not be admitted to and detained
in a corrective services facility unless the person responsible
for admitting prisoners at the facility is given—
(a) a warrant for the detainee’s detention; or
(b) a verdict and judgment record under the Criminal
Practice Rules 1999 containing the name of the detainee
and particulars of the judgment pronounced on the
detainee; or
(c) a record, under the Penalties and Sentences Act 1992, of
the order committing the detainee into custody.
(2) Despite the provisions of a warrant, record or order
committing a person to a specified corrective services facility
or to a watch house, the person may be taken to and detained
in a corrective services facility specified by the chief
executive.
[s 10]
Corrective Services Act 2006
Chapter 2 Prisoners
Page 34 Current as at 16 September 2024
Authorised by the Parliamentary Counsel
10 Record of prisoner’s details
(1) The chief executive must establish a record containing each
prisoner’s details, including details about the identification of
the prisoner.
(2) For the identification of a prisoner, a corrective services
officer may collect and store the prisoner’s biometric
information, including by way of a biometric identification
system.
(3) The prisoner’s biometric information, and any data about the
biometric information stored in a biometric identification
system, must be destroyed if—
(a) the prisoner is found not guilty of the offence for which
the prisoner is being detained, other than on the ground
of unsoundness of mind; or
(b) proceedings for the offence for which the prisoner is
being detained are discontinued or dismissed.
(4) However, the prisoner’s biometric information, and any data
about the biometric information stored in a biometric
identification system, must not be destroyed if, for any part of
the period of detention for the offence, the prisoner was also
being detained for another offence—
(a) of which the prisoner has been convicted; or
(b) for which proceedings have not been discontinued or
dismissed.
(5) In this section—
prisoner includes a person subject to a community based
order.
11 Prisoner to be informed of entitlements and duties
(1) When a prisoner is admitted to a corrective services facility
for detention, the chief executive must inform the prisoner
about—
(a) the prisoner’s entitlements and duties under this Act;
and
[s 12]
Corrective Services Act 2006
Chapter 2 Prisoners
Current as at 16 September 2024 Page 35
Authorised by the Parliamentary Counsel
(b) the administrative directions and procedures relevant to
the prisoner’s entitlements and duties.
(2) If the prisoner is illiterate or does not understand English, the
chief executive must take reasonable steps to ensure the
prisoner understands the things mentioned in subsection (1).
(3) The chief executive—
(a) must make a copy of this Act available to all prisoners;
and
(b) may make a copy of other legislation available to a
prisoner.
12 Prisoner security classification
(1) When a prisoner is admitted to a corrective services facility
for detention, the chief executive must classify the prisoner
into a security classification of low or high.
(2) However, when a prisoner is admitted to a corrective services
facility for detention on remand for an offence and is not
serving a term of imprisonment for another offence, the
prisoner must only be classified into a security classification
of high.
(3) In addition to classifying a prisoner under subsection (1), the
chief executive may also classify the prisoner into 1 or more
of the risk sub-categories prescribed by regulation.
(4) When deciding a prisoner’s security classification, the chief
executive must have regard to each of the following—
(a) the nature of the offence for which the prisoner has been
charged or convicted;
(b) the risk of the prisoner escaping, or attempting to
escape, from custody;
(c) the risk of the prisoner committing a further offence and
the impact the commission of the further offence is
likely to have on the community;
[s 13]
Corrective Services Act 2006
Chapter 2 Prisoners
Page 36 Current as at 16 September 2024
Authorised by the Parliamentary Counsel
(d) the risk the prisoner poses of self harming, harming
other prisoners and staff members and to the security of
the corrective services facility;
(e) the length of time remaining to be served by the prisoner
under a sentence imposed by a court;
(f) information about the prisoner, if any, received from a
law enforcement agency.
(5) Also, the chief executive may have regard to any matter that is
relevant to—
(a) the welfare or safe custody of the prisoner or other
prisoners; or
(b) the security or good order of the corrective services
facility.
(6) If the chief executive classifies a prisoner into a security
classification of high, the prisoner must be detained in a
secure facility.
(7) If the chief executive classifies a prisoner into a security
classification of low, the prisoner may be detained in a low
custody facility.
(8) In this section—
low custody facility means—
(a) a prison, other than a secure facility; or
(b) a community corrections centre; or
(c) a work camp.
13 Reviewing prisoner’s security classification
(1) The chief executive may review a prisoner’s security
classification at any time, including the risk sub-category for
the prisoner.
Example—
The chief executive may review a prisoner’s security classification if
the prisoner’s behaviour deteriorates or improves.
[s 13]
Corrective Services Act 2006
Chapter 2 Prisoners
Current as at 16 September 2024 Page 37
Authorised by the Parliamentary Counsel
(2) The chief executive may limit the review of a prisoner’s
security classification to reviewing only the risk sub-category
for the prisoner.
(3) However, for a prisoner with a security classification of high,
the chief executive must review the prisoner’s security
classification in either of the following circumstances—
(a) the prisoner requests the security classification be
reviewed and the prisoner has not requested the
classification be reviewed during the previous 12
months;
(b) the security classification—
(i) has been high for the previous 3 years; and
(ii) has not been reviewed in the previous 3 years.
(4) Subsection (3) does not apply for a prisoner if—
(a) the prisoner—
(i) is being detained on remand for an offence; and
(ii) is not serving a term of imprisonment for another
offence; or
(b) the prisoner is being held in custody under any of the
following orders—
(i) a continuing detention order under the Dangerous
Prisoners (Sexual Offenders) Act 2003;
(ii) an interim detention order under the Dangerous
Prisoners (Sexual Offenders) Act 2003;
(iii) a preventative detention order under the Terrorism
(Preventative Detention) Act 2005;
(iv) a continued preventative detention order under the
Criminal Code Act 1995 (Cwlth), section 100.1;
(v) an initial preventative detention order under the
Criminal Code Act 1995 (Cwlth), section 100.1;
(vi) an interim post-sentence order under the Criminal
Code Act 1995 (Cwlth), section 100.1;
[s 14]
Corrective Services Act 2006
Chapter 2 Prisoners
Page 38 Current as at 16 September 2024
Authorised by the Parliamentary Counsel
(vii) a post-sentence order under the Criminal Code Act
1995 (Cwlth), section 100.1;
(viii)a preventative detention order under the Criminal
Code Act 1995 (Cwlth), section 100.1;
(ix) another court order prescribed by regulation for
this subparagraph.
(5) When reviewing a prisoner’s security classification, the chief
executive must have regard to the matters mentioned in
section 12(4).
14 Changing prisoner’s security classification
The chief executive may change a prisoner’s security
classification after reviewing it under section 13.
15 Notice of decision about prisoner’s security classification
following review
(1) After reviewing a prisoner’s security classification, the chief
executive must give the prisoner an information notice about
the chief executive’s decision following the review.
(2) If the chief executive increased the prisoner’s security
classification, the information notice must include a statement
that if the prisoner is dissatisfied with the decision, the
prisoner may ask the chief executive to reconsider the
decision by notice given to the chief executive within 7 days
after the information notice is given to the prisoner.
(3) The Acts Interpretation Act 1954, section 27B does not apply
to an information notice given under this section.
16 Reconsidering decision to change prisoner’s security
classification
(1) This section applies if—
(a) the chief executive increases a prisoner’s security
classification; and
[s 17]
Corrective Services Act 2006
Chapter 2 Prisoners
Current as at 16 September 2024 Page 39
Authorised by the Parliamentary Counsel
(b) the prisoner is dissatisfied with the decision.
(2) Within 7 days after the information notice about the decision
is given to the prisoner, the prisoner may, by written notice
given to the chief executive, ask the chief executive to
reconsider the decision.
(3) The chief executive must reconsider the decision and may
confirm, amend or cancel the decision.
(4) After reconsidering the decision, the chief executive must give
the prisoner an information notice about the reconsidered
decision.
17 Application of Judicial Review Act 1991 to decisions
about prisoner security classification
(1) The Judicial Review Act 1991, parts 3, 4 and 5, other than
section 41(1), do not apply to a decision made, or purportedly
made, under section 12, 13, 14 or 16 about a prisoner’s
security classification.
Note—
The Judicial Review Act 1991, part 3 deals with statutory orders of
review, part 4 deals with reasons for decisions and part 5 deals with
prerogative orders and injunctions.
(2) In this section—
decision includes a decision affected by jurisdictional error.
18 Accommodation
Whenever practicable, each prisoner in a corrective services
facility must be provided with a room that is not shared with
any other prisoner.
Part 1A Prisoners from Norfolk Island
18A Definitions for part
In this part—
[s 18B]
Corrective Services Act 2006
Chapter 2 Prisoners
Page 40 Current as at 16 September 2024
Authorised by the Parliamentary Counsel
constable means a constable as defined under the Removal of
Prisoners Act 2004 (Norfolk Island), section 3(1), other than a
person mentioned in paragraph (b) of that definition.
Norfolk Island court means a court under the Removal of
Prisoners Act 2004 (Norfolk Island).
Norfolk Island magistrate means a Magistrate of the
Territory under the Norfolk Island Act 1979 (Cwlth).
Norfolk Island prisoner see section 18B.
Norfolk Island warrant means a warrant issued under the
Removal of Prisoners Act 2004 (Norfolk Island).
order, in relation to a Norfolk Island court or Norfolk Island
magistrate—
(a) means an order under the Removal of Prisoners Act
2004 (Norfolk Island); and
(b) includes a warrant mentioned in the Removal of
Prisoners Act 2004 (Norfolk Island), section 3(3) issued
by the court or magistrate.
18B Meaning of Norfolk Island prisoner
(1) A Norfolk Island prisoner is a person who is liable to
undergo imprisonment or other detention in custody in
Queensland under a law in force in Norfolk Island.
(2) However, a Norfolk Island prisoner does not include a person
who is the subject of a direction under the Removal of
Prisoners Act 2004 (Norfolk Island), section 9.
18C Custody and detention of Norfolk Island prisoners
(1) A constable who has a Norfolk Island prisoner in custody
under a Norfolk Island warrant is authorised to have custody
of, and deal with, the Norfolk Island prisoner in Queensland
under the warrant.
(2) A corrective services officer may, under a Norfolk Island
warrant—
[s 18C]
Corrective Services Act 2006
Chapter 2 Prisoners
Current as at 16 September 2024 Page 41
Authorised by the Parliamentary Counsel
(a) take control of the Norfolk Island prisoner the subject of
the warrant from a constable in Queensland; and
(b) transport the Norfolk Island prisoner to a corrective
services facility.
(3) However, a corrective services officer may act under
subsection (2) only if the chief executive has been given the
Norfolk Island warrant or a copy of the warrant.
(4) A Norfolk Island prisoner may be admitted to and detained in
a corrective services facility specified by the chief executive
for the period of the Norfolk Island prisoner’s imprisonment
or other detention.
(5) A Norfolk Island prisoner is taken to be in the chief
executive’s custody—
(a) while under the control of a corrective services officer
under subsection (2); and
(b) while detained in a corrective services facility under
subsection (4).
(6) The Norfolk Island prisoner remains in the chief executive’s
custody until discharged—
(a) except for any time when the Norfolk Island prisoner is
lawfully in another person’s custody; and
(b) even if the Norfolk Island prisoner is lawfully outside a
corrective services facility.
(7) Subsection (4) applies despite anything stated in a Norfolk
Island warrant about—
(a) a specified corrective services facility in which the
period of imprisonment or other detention is to be
served; or
(b) a specified person in charge of a corrective services
facility to whom the Norfolk Island prisoner is to be
produced.
[s 18D]
Corrective Services Act 2006
Chapter 2 Prisoners
Page 42 Current as at 16 September 2024
Authorised by the Parliamentary Counsel
18D Application of Act to Norfolk Island prisoners
(1) This Act applies in relation to a Norfolk Island prisoner who
is in the chief executive’s custody under section 18C—
(a) as if the order or sentence of the Norfolk Island court or
Norfolk Island magistrate under which the Norfolk
Island prisoner is liable to undergo imprisonment or
other detention were made or imposed by a court of the
State under a law of the State; and
(b) subject to subsection (2) and a regulation made under
subsection (3).
(2) Chapter 5 does not apply in relation to the Norfolk Island
prisoner unless a regulation under subsection (3) provides
otherwise.
(3) A regulation may provide that a provision of this Act, other
than a provision of this part—
(a) does, or does not, apply to the Norfolk Island prisoner;
or
(b) applies to the Norfolk Island prisoner as modified by the
regulation.
(4) A regulation under subsection (3) must declare it is made
under that subsection.
(5) However, the application of this Act to the Norfolk Island
prisoner—
(a) applies subject to—
(i) the Removal of Prisoners Act 2004 (Norfolk
Island); and
(ii) the Sentencing Act 2007 (Norfolk Island); and
(b) stops having effect if the Norfolk Island prisoner is
discharged, or delivered into the custody of a constable
under a Norfolk Island warrant.
[s 18E]
Corrective Services Act 2006
Chapter 2 Prisoners
Current as at 16 September 2024 Page 43
Authorised by the Parliamentary Counsel
18E Provision relating to parole for Norfolk Island prisoners
(1) This section applies if, under a regulation made under
section 18D(3), all or a part of chapter 5 (with or without
modification) applies to a Norfolk Island prisoner who is in
the chief executive’s custody under section 18C.
(2) The parole board has the functions of a Board under the
Sentencing Act 2007 (Norfolk Island) in relation to the
Norfolk Island prisoner.
(3) The parole board is not required to perform a function in
relation to a Norfolk Island prisoner who is released on parole
in Norfolk Island and is not in the State, unless the parole
board is required to perform the function under an
arrangement made with the Commonwealth under the Norfolk
Island Act 1979 (Cwlth), section 18C.
18F Producing Norfolk Island prisoners before Norfolk Island
court at place in Queensland
(1) The section applies if a Norfolk Island court, by order or a
notice given to the chief executive, requires a Norfolk Island
prisoner who is detained in a corrective services facility under
a Norfolk Island warrant to be produced before a Norfolk
Island court at a stated place in Queensland, at a stated time
and for a stated purpose.
(2) The chief executive must produce the Norfolk Island prisoner
at the place and time, and for the purpose, stated in the order
or notice of the Norfolk Island court.
(3) If the order or notice of the Norfolk Island court requires the
Norfolk Island prisoner to be transferred to a Norfolk Island
court at a place in Queensland, the transfer of the Norfolk
Island prisoner to the Norfolk Island court must be authorised
by an order of the chief executive.
(4) This section does not limit the application of section 69, as
applying under section 18D, in relation to a Norfolk Island
prisoner.
[s 18G]
Corrective Services Act 2006
Chapter 2 Prisoners
Page 44 Current as at 16 September 2024
Authorised by the Parliamentary Counsel
18G Return of Norfolk Island prisoners to Norfolk Island
(1) This section applies if a constable gives the chief executive a
Norfolk Island warrant or a copy of a Norfolk Island warrant
requiring—
(a) the delivery of a Norfolk Island prisoner who is detained
in a corrective services facility under another Norfolk
Island warrant into the custody of the constable; and
(b) the constable to convey the Norfolk Island prisoner in
custody to Norfolk Island.
(2) The chief executive must deliver the Norfolk Island prisoner
into the custody of the constable.
(3) The delivery of the Norfolk Island prisoner into the custody of
the constable must be authorised by an order of the chief
executive.
18H Early discharge or release not prevented
Nothing in this part prevents the early discharge or release of a
Norfolk Island prisoner under a law of the Commonwealth or
a law in force in Norfolk Island.
18I Particular Acts do not apply to Norfolk Island prisoners in
chief executive’s custody
(1) This section applies in relation to a Norfolk Island prisoner
who is in the chief executive’s custody under section 18C.
(2) The following Acts do not apply to the Norfolk Island
prisoner even though the Norfolk Island prisoner is in the
chief executive’s custody—
(a) the Dangerous Prisoners (Sexual Offenders) Act 2003;
(b) another Act prescribed by regulation that would
otherwise apply to the Norfolk Island prisoner because
the Norfolk Island prisoner is in the chief executive’s
custody.
(3) A regulation under subsection (2)(b)—
[s 18J]
Corrective Services Act 2006
Chapter 2 Prisoners
Current as at 16 September 2024 Page 45
Authorised by the Parliamentary Counsel
(a) must declare it is made under that subsection; and
(b) may be made in the same instrument as a regulation
made under section 18D(3).
18J Evidentiary aid for Norfolk Island prisoners
(1) In a proceeding under an Act, a document purporting to be a
Norfolk Island warrant or a copy of a Norfolk Island warrant
and to be signed by an authorised person is evidence of the
matters stated in the document.
(2) In this section—
authorised person has the meaning given by the Removal of
Prisoners Act 2004 (Norfolk Island).
Part 2 Management of prisoners
Division 1 Management of prisoners generally
19 Effect of prisoner’s security classification
The chief executive may make different arrangements for the
management of prisoners with different security
classifications, including prisoners with the same security
classification but with different risk sub-categories.
20 Directions to prisoner
(1) A corrective services officer may give a prisoner a direction
the officer reasonably believes is necessary—
(a) for the welfare or safe custody of the prisoner or other
prisoners; or
(b) for the security or good order of a corrective services
facility; or
[s 21]
Corrective Services Act 2006
Chapter 2 Prisoners
Page 46 Current as at 16 September 2024
Authorised by the Parliamentary Counsel
(c) to ensure compliance with an order given or applying to
the prisoner; or
Example of order for paragraph (c)—
an order given under division 3 for the searching of the prisoner
(d) to ensure a prisoner attends a place to enable a DNA
sampler to take a DNA sample from a prisoner under the
Police Powers and Responsibilities Act 2000,
chapter 17, part 5; or
(e) to ensure the prisoner or another prisoner does not
commit an offence or a breach of discipline.
(2) Directions under this section may be given in writing or
orally, and may apply generally or be limited in their
application.
21 Medical examination or treatment
(1) If it is reasonably practicable in the circumstances, before a
health practitioner carries out a medical examination or
treatment of a prisoner, the health practitioner must tell the
prisoner the following—
(a) the health practitioner considers the prisoner requires
the medical examination or treatment;
(b) the health practitioner’s reasons for requiring the
examination or treatment;
(c) what the examination or treatment will involve.
(2) A prisoner must submit to an examination by a health
practitioner if the chief executive orders the examination to
decide—
(a) the prisoner’s security classification; or
(b) where to place the prisoner; or
(c) whether to transfer the prisoner to another place; or
(d) the prisoner’s suitability to participate in an approved
activity, course or program; or
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(e) the prisoner’s suitability for leave of absence, early
discharge or release.
(3) A prisoner must submit to—
(a) examinations by psychiatrists as required—
(i) under a risk assessment order under the Dangerous
Prisoners (Sexual Offenders) Act 2003,
section 8(2)(a); or
(ii) by the chief executive, if the chief executive must
arrange for the examinations under section 29 of
that Act; or
Note—
The Dangerous Prisoners (Sexual Offenders) Act 2003,
section 29 deals with psychiatric reports for reviewing
continuing detention orders.
(b) an examination by 2 or more medical practitioners as
directed by a judge under the Criminal Law Amendment
Act 1945, section 18.
Note—
The Criminal Law Amendment Act 1945, section 18 deals with
the detention of persons incapable of controlling sexual instincts.
(4) For a medical examination or treatment of a prisoner, a health
practitioner may—
(a) take a sample of the prisoner’s blood or another bodily
substance; or
(b) order the prisoner to provide a sample of the prisoner’s
urine or another bodily substance, including, for
example, hair or saliva, and give the prisoner directions
about the way in which the sample must be provided.
(5) A prisoner must comply with an order made, or direction
given, under subsection (4)(b).
(6) A health practitioner may authorise another person to examine
or treat a prisoner in a corrective services facility if—
(a) the health practitioner—
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(i) is authorised or required to carry out the
examination or give the treatment under this Act;
or
(ii) would, if qualified to carry out the examination or
give the treatment, be so authorised or required;
and
(b) the other person is qualified to carry out the examination
or give the treatment.
(7) In this section—
prisoner does not include a prisoner released on parole.
22 Private medical examination or treatment
(1) Subject to subsection (2), a prisoner in a corrective services
facility may apply in writing to the chief executive for
approval to be examined or treated by a health practitioner
nominated by the prisoner.
(2) A prisoner in a corrective services facility can not—
(a) participate in assisted reproductive technology; or
(b) apply for the chief executive’s approval to participate in
assisted reproductive technology.
(3) The chief executive may give the approval mentioned in
subsection (1) if satisfied—
(a) the application for the approval is not—
(i) frivolous or vexatious; or
(ii) for an examination or treatment for participating in
assisted reproductive technology; and
(b) the prisoner is able to pay for the examination or
treatment and associated costs; and
(c) the health practitioner nominated by the prisoner is
willing and available to carry out the examination or
treatment of the prisoner.
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(4) The prisoner must pay for the examination or treatment and
associated costs.
(5) The chief executive must consider, but is not bound by, any
report or recommendation made by the nominated health
practitioner.
23 Dangerously ill prisoner
If the chief executive, on the advice of a health practitioner,
considers a prisoner in a corrective services facility to be
dangerously ill or seriously injured, the chief executive must
immediately notify each of the following that the prisoner is
either dangerously ill or seriously injured—
(a) the person nominated by the prisoner as the prisoner’s
contact person;
(b) a religious visitor;
(c) for an Aboriginal or Torres Strait Islander prisoner—
(i) an Aboriginal or Torres Strait Islander legal service
representing Aboriginal or Torres Strait Islander
persons in the area in which the facility is located;
and
(ii) if practicable, an elder, respected person or
indigenous spiritual healer who is relevant to the
prisoner.
24 Death of prisoner
(1) After a prisoner dies, the chief executive must notify each of
the following that the prisoner has died—
(a) if the corrective services facility is a prison—a health
practitioner;
(b) the police officer in charge of the police station nearest
to the place where the prisoner died;
(c) the person nominated by the prisoner as the prisoner’s
contact person;
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(d) a religious visitor;
(e) for an Aboriginal or Torres Strait Islander prisoner—
(i) an Aboriginal or Torres Strait Islander legal service
representing Aboriginal or Torres Strait Islander
persons in the area in which the prisoner died; and
(ii) if practicable, an elder, respected person or
indigenous spiritual healer who was relevant to the
prisoner.
(2) The chief executive must keep records, prescribed under a
regulation, of the prisoner’s death.
(3) In this section—
prisoner includes a person who, immediately before the
person’s death, was a prisoner, but does not include a prisoner
released on parole.
25 Registration of birth
(1) If, when a child is born, a parent of the child is a prisoner, the
birth certificate for the child must not—
(a) state that fact; or
(b) contain any information from which that fact can
reasonably be inferred.
(2) If the showing of an address that is required by the Births,
Deaths and Marriages Registration Act 2023 to be shown
would contravene subsection (1)(a), the address must be
shown as the city or town in which, or nearest to which, the
address is situated.
26 Marriage
(1) A person in the chief executive’s custody must give the chief
executive written notice before lodging a notice of intention to
marry under the Marriage Act 1961 (Cwlth).
Maximum penalty—20 penalty units.
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(2) A prisoner may be married in a corrective services facility
only with the chief executive’s approval and the marriage
must be conducted in the way decided by the chief executive.
26A Civil partnerships
(1) A person in the chief executive’s custody must give the chief
executive written notice before—
(a) applying under the Civil Partnerships Act 2011,
section 7 for registration of a relationship as a civil
partnership; or
(b) giving a notice of intention to enter into a civil
partnership under the Civil Partnerships Act 2011,
section 10.
Maximum penalty—20 penalty units.
(2) A prisoner may make a declaration of civil partnership under
the Civil Partnerships Act 2011, section 11 in a corrective
services facility only with the chief executive’s approval.
(3) The making of the declaration must be conducted in the way
decided by the chief executive.
27 Change of name
(1) A person in the chief executive’s custody must obtain the
chief executive’s written permission before applying to
change the person’s name under—
(a) the Births, Deaths and Marriages Registration Act
2023; or
(b) an equivalent law of another State providing for the
registration of a change to the person’s name.
Maximum penalty—20 penalty units or 6 months
imprisonment.
(2) In deciding whether to give the permission, the chief
executive must consider each of the following—
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(a) whether the proposed name change poses a risk to the
good order or security of a corrective services facility;
(b) the safety and welfare of the person and other persons;
(c) whether the chief executive reasonably believes the
proposed name change could be used to further an
unlawful activity or purpose;
(d) whether the proposed change of name could be
considered offensive to, or cause physical, mental or
emotional harm to, a victim of a crime or an immediate
family member of a deceased victim of a crime.
(3) Subsection (4) applies if the chief executive becomes aware
that a person in the chief executive’s custody has failed to
comply with subsection (1)(a) in registering a change of the
person’s name under the Births, Deaths and Marriages
Registration Act 2023.
(4) The chief executive may apply to the registrar under the
Births, Deaths and Marriages Registration Act 2023 for the
cancellation of the registration.
27AA Alteration of record of sex and recognised details
certificate
(1) A person in the chief executive’s custody, other than a person
released on parole, must obtain the chief executive’s written
permission before applying—
(a) to alter the record of sex of the person in the relevant
child register under the Births, Deaths and Marriages
Registration Act 2023; or
(b) for a recognised details certificate for the person under
the Births, Deaths and Marriages Registration Act
2023; or
(c) to alter the record of sex of the person under an
equivalent law of another State providing for the
alteration of the record of sex of the person; or
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(d) for a recognised details certificate for the person under
an equivalent law of another State providing for the
issue of a recognised details certificate for the person.
Maximum penalty—20 penalty units or 6 months
imprisonment.
(2) In deciding whether to give the permission, the chief
executive must consider each of the following—
(a) whether the proposed alteration of record of sex or
recognised details certificate poses a risk to the good
order or security of a corrective services facility;
(b) the safety and welfare of the person and other persons;
(c) whether the chief executive reasonably believes the
proposed alteration of record of sex or recognised
details certificate could be used to further an unlawful
activity or purpose;
(d) whether the proposed alteration of record of sex or
recognised details certificate could be considered
offensive to, or cause physical, mental or emotional
harm to, a victim of a crime or an immediate family
member of a deceased victim of a crime.
(3) Subsection (4) applies if the chief executive becomes aware
that a person mentioned in subsection (1) has failed to comply
with subsection (1)(a) in altering the record of sex of the
person under the Births, Deaths and Marriages Registration
Act 2023.
(4) The chief executive may apply to the registrar under the
Births, Deaths and Marriages Registration Act 2023 for the
cancellation of the alteration of record of sex.
(5) Subsection (6) applies if the chief executive becomes aware
that a person mentioned in subsection (1) has failed to comply
with subsection (1)(b) in being issued with a recognised
details certificate for the person under the Births, Deaths and
Marriages Registration Act 2023.
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(6) The chief executive may apply to the registrar under the
Births, Deaths and Marriages Registration Act 2023 for the
cancellation of the recognised details certificate.
(7) The chief executive may confiscate a cancelled recognised
details certificate.
27AB Written permission does not limit chief executive’s
powers
The fact that the chief executive gives written permission for a
person in the chief executive’s custody, other than a person
released on parole, to make an application mentioned in
section 27AA(1) does not limit the powers of the chief
executive under this Act or another Act in relation to the
custody of the person.
Examples of powers of the chief executive under this Act—
• the power of the chief executive under section 9(2) to require that a
person be taken to and detained in a corrective services facility
specified by the chief executive
• the power of the chief executive under section 68(1) to order the
transfer of a prisoner from a corrective services facility
• the general powers of the chief executive under section 263
Division 1A Carrying on business or dealing in
artwork
27A Definitions for div 1A
In this division—
possession, of a prisoner’s artwork, means—
(a) custody or control of it; or
(b) the ability or right to obtain custody or control of it.
prisoner’s artwork means any visual art, performing art or
literature made or produced by a prisoner while the prisoner is
in a corrective services facility.
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28 Carrying on a business
(1) Subject to subsections (2) to (4), a prisoner who has been
sentenced, whether before or after the commencement of this
section, to a period of imprisonment must not carry on, or
participate in the carrying on of, a business while the prisoner
is in a corrective services facility.
Example—
the painting of artwork to be sold on the internet by the prisoner or by a
corporation in whose management the prisoner participates including,
for example, as a director
Maximum penalty—100 penalty units.
(2) Subsections (3) and (4) apply to a person who is carrying on,
or participating in the carrying on of, a business when the
person is sentenced to a period of imprisonment (the
pre-sentence business).
(3) The person must, within 21 days after being sentenced—
(a) stop carrying on the pre-sentence business; or
(b) stop participating in the carrying on of the pre-sentence
business.
Maximum penalty—100 penalty units.
(4) Subsection (1) does not apply to the person in relation to the
pre-sentence business until the end of the 21 days mentioned
in subsection (3).
28A Restriction on prisoner dealing with prisoner’s artwork
(1) While a prisoner is in a corrective services facility, the
prisoner must not sell, give, give possession of, or otherwise
dispose of the prisoner’s artwork, unless allowed to do so
under section 28B, 28C or 28D.
Maximum penalty—40 penalty units.
(2) Subsection (1) does not prevent a prisoner abandoning or
destroying the artwork.
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28B Giving prisoner’s artwork to a person as a gift
(1) A prisoner may—
(a) with the chief executive’s written approval, give a
particular item of the prisoner’s artwork to a person as a
gift; or
(b) donate 1 or more items of the prisoner’s artwork to the
State.
(2) For deciding whether to give an approval under
subsection (1)(a), the chief executive must consider all of the
following—
(a) the chief executive’s estimated value of the artwork;
(b) the person to whom the artwork is proposed to be given;
(c) the prisoner’s stated purpose for making the gift;
(d) the number of previous gifts of artwork made by the
prisoner, whether or not to the same person;
(e) any other matter the chief executive considers relevant.
28C Giving prisoner’s artwork to a person to hold on the
prisoner’s behalf
(1) A prisoner may, with the chief executive’s written approval,
give the prisoner’s artwork to a person other than the State to
hold on the prisoner’s behalf.
(2) Also, a prisoner may, if the chief executive agrees, give the
prisoner’s artwork to the State to hold on the prisoner’s behalf.
28D Giving prisoner’s artwork to the State for disposal as
agreed
The prisoner may give the prisoner’s artwork to the State for
the purpose of the State’s disposing of the artwork as agreed
with the prisoner.
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28E No consideration to be paid for holding prisoner’s
artwork under s 28C
The prisoner must not ask for, or accept, consideration for—
(a) giving the artwork to a person to hold under
section 28C; or
(b) delivering the artwork to a person to hold under
section 28C.
Maximum penalty—40 penalty units.
28F Person holding prisoner’s artwork for prisoner
(1) A person, other than the State, holding prisoner’s artwork on
behalf of a prisoner must not sell, give, give possession of, or
otherwise dispose of the prisoner’s artwork, unless allowed to
do so under subsection (2), (3) or (4).
Maximum penalty—40 penalty units.
(2) The person may give the artwork—
(a) to the prisoner, if the prisoner is discharged or released
from custody; or
(b) to someone else to hold on the prisoner’s behalf, if the
prisoner consents.
(3) If the person tells the prisoner that the person no longer
wishes to hold the artwork on behalf of the prisoner—
(a) the person may give the artwork—
(i) to another person authorised by the prisoner to
hold the artwork on the prisoner’s behalf; or
(ii) to a person authorised by the prisoner to collect the
artwork for delivery to another person to hold on
the prisoner’s behalf; or
(b) if—
(i) the prisoner has not been discharged or released
from custody; and
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(ii) the person has not received authority from the
prisoner to deal with the artwork under
paragraph (a) within 1 month after telling the
prisoner the person no longer wishes to hold the
artwork on behalf of the prisoner;
the person may give the artwork to the chief executive.
(4) The person may dispose of the artwork if all of the following
apply—
(a) the prisoner is discharged or released from custody;
(b) the recipient makes reasonable efforts to locate the
prisoner and ask the prisoner to collect, or arrange for
the collection of, the artwork;
(c) the artwork is not collected by or for the prisoner within
6 months after the prisoner’s discharge or release from
custody.
(5) The person must not ask for, or accept, consideration for—
(a) giving the artwork to someone else to hold on the
prisoner’s behalf; or
(b) giving the artwork to a person for delivery to another
person to hold on the prisoner’s behalf.
Maximum penalty for subsection (5)—40 penalty units.
28G Prisoner and not the State has responsibility for
collecting artwork held on behalf of the prisoner
(1) The prisoner, and not the State, is responsible for collecting,
or arranging for the collection of, the artwork from a person
holding the artwork on the prisoner’s behalf if—
(a) the prisoner is discharged or released from custody; or
(b) the person tells the prisoner that the person no longer
wishes to hold the artwork on the prisoner’s behalf.
(2) If the chief executive incurs expense in dealing with the
artwork under section 28F(3)(b), the chief executive may
recover the expense from the prisoner.
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28H Limited liability of persons holding artwork on behalf of
prisoner
(1) If the prisoner gives the artwork to a person under
section 28C, the person is not liable for—
(a) loss of the artwork; or
(b) damage to the artwork, other than deliberate damage to
it by the person.
(2) If the prisoner gives the artwork to the State under
section 28D, the State is not liable for loss of, or damage to,
the artwork while it is in the State’s possession.
Division 2 Children accommodated with
female prisoners
29 Application for accommodation of child with female
prisoner
(1) This section applies if a female prisoner—
(a) gives birth to a child during her period of imprisonment;
or
(b) has custody of a child—
(i) of whom the prisoner is the mother; or
(ii) the subject of a court order requiring the child to
live with the prisoner, whether or not the prisoner
is the child’s mother.
(2) On admission to the corrective services facility, the prisoner
must be informed that—
(a) the prisoner, or the child protection chief executive, may
apply to the chief executive to have the child
accommodated with the prisoner; and
(b) if the prisoner, or the child protection chief executive,
applies and the application is successful, the prisoner
will have primary responsibility for the child’s care and
safety, including all costs associated with the care.
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(3) The following persons may apply, in the approved form, to the
chief executive to have the child accommodated with the
prisoner in the corrective services facility—
(a) the prisoner;
(b) the child protection chief executive.
(4) In this section—
costs associated, with the care of a child, includes the cost of
nappies and baby goods for the child, but does not include the
cost of food and drink for the child.
30 Deciding application
(1) The chief executive may grant an application to have a child
accommodated with a prisoner in a corrective services facility
if—
(a) the chief executive decides there is suitable
accommodation in the facility for the child; and
(b) either—
(i) the child is not eligible to start primary school; or
(ii) each of the following apply—
(A) the child is eligible to start primary school;
(B) the prisoner is in a community corrections
centre;
(C) the application is only for periods during
school holidays or on weekends; and
(c) the child is immunised in accordance with a national
immunisation program or the recommendations of a
health practitioner treating the child in the corrective
services facility; and
(d) the child is not subject to a court order requiring the
child to live with someone else; and
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(e) for a child in care—the child protection chief executive
has consented to the child being accommodated with the
prisoner; and
(f) the chief executive is satisfied it is in the child’s best
interests.
(2) In deciding what is in the child’s best interests, the chief
executive may consider each of the following—
(a) the child’s—
(i) age and sex; and
(ii) cultural background; and
(iii) mental and physical health;
(b) the emotional ties between the child and the child’s
parents;
(c) the child’s established living pattern, including, for
example, the pattern of the child’s home, school,
community and religious life;
(d) if the chief executive is satisfied the child is able to
express a view, the child’s wishes.
31 Removing child from corrective services facility
(1) The chief executive may remove a child being accommodated
with a prisoner in a corrective services facility if any of the
following apply—
(a) a court orders that the child live with another person;
(b) the chief executive is satisfied it is in the child’s best
interests;
(c) the prisoner with whom the child is accommodated
requests the removal;
(d) the child is not a child mentioned in section 30(1)(b)(ii)
and becomes eligible to start primary school;
(e) the prisoner with whom the child is accommodated is
transferred to another corrective services facility and the
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chief executive decides the accommodation at the other
corrective services facility is not suitable for the child;
(f) the chief executive is satisfied it is in the interests of the
good order and management of the facility.
(2) In deciding what is in the child’s best interests, the chief
executive must consider each of the following—
(a) the child’s—
(i) age and sex; and
(ii) mental and physical health;
(b) anything else the chief executive considers relevant.
(3) Separation of a child from a prisoner with whom the child is
accommodated must not be used as a form of discipline
against the prisoner.
32 Search of accommodated child
(1) The chief executive may require a child accommodated with a
female prisoner in a corrective services facility to submit to a
general search, scanning search or an imaging search before
entering the facility.
(2) The chief executive must not require the child to submit to a
personal search or a search requiring the removal of clothing.
Division 3 Search of prisoners
33 Power to search
(1) The chief executive may order a corrective services officer—
(a) to conduct a general search, personal search, scanning
search or an imaging search of a prisoner; or
(b) to search a prisoner’s room; or
(c) to search prisoner facilities.
[s 34]
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(2) Also, a corrective services officer may conduct a general
search, personal search, scanning search or an imaging search
of a prisoner if the officer reasonably suspects the prisoner
possesses something that poses, or is likely to pose, a risk to—
(a) the security or good order of the corrective services
facility; or
(b) the safety of persons in the facility.
(3) A power under this Act to search a prisoner in any way—
(a) includes a power to search anything in the prisoner’s
possession; and
(b) may be exercised at any time, including, for example, on
the day on which the prisoner is discharged or released.
34 Personal search of prisoners leaving particular part of
corrective services facility
The chief executive may order the personal searching of
prisoners whenever they leave a part of a corrective services
facility stated in the order where prisoners have access to
concealable prohibited things.
Example of part of a corrective services facility—
a kitchen or workshop
35 Search requiring the removal of clothing of prisoners on
chief executive’s direction
(1) The chief executive may give a written direction to a
corrective services officer for the carrying out of a search
requiring the removal of clothing of prisoners as stated in the
direction, including, for example, at the times stated in the
direction.
(2) The search must be carried out as required under the direction.
(3) However, a direction under subsection (1) does not apply to a
particular prisoner if the chief executive reasonably considers
it unnecessary for the search to be carried out on the prisoner
because of the prisoner’s exceptional circumstances.
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Example for subsection (3)—
A direction requires a search requiring the removal of clothing of a
prisoner to be carried out when a prisoner enters a corrective services
facility. A pregnant prisoner returns to the facility from an escorted
antenatal visit and the corrective services officer who escorted the
prisoner advises that the prisoner had no likely opportunity to obtain a
prohibited thing while on the visit. The chief executive may consider it
unnecessary for the search to be carried out on the prisoner.
(4) A search requiring the removal of clothing under this section
may be preceded by another less intrusive search.
36 Search requiring the removal of clothing of prisoners on
chief executive’s order—generally
(1) The chief executive may order a search requiring the removal
of clothing of 1 or more prisoners if the chief executive is
satisfied the search is necessary for either or both of the
following—
(a) the security or good order of the corrective services
facility;
(b) the safe custody and welfare of prisoners at the facility.
Example—
A knife is missing from the kitchen of a corrective services facility. The
chief executive may be satisfied that a search requiring the removal of
clothing of each prisoner who worked in the kitchen that day is
necessary for the security or good order of the facility or for the safe
custody and welfare of prisoners at the facility.
(2) A search requiring the removal of clothing under this section
may be preceded by another less intrusive search.
37 Search requiring the removal of clothing on reasonable
suspicion
(1) The chief executive may order a search requiring the removal
of clothing of a prisoner if the chief executive reasonably
suspects the prisoner has a prohibited thing concealed on the
prisoner’s person.
[s 38]
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(2) A search requiring the removal of clothing under this section
may be preceded by another less intrusive search.
38 Requirements for search requiring the removal of
clothing
(1) A search requiring the removal of clothing of a prisoner must
be carried out by at least 2 corrective services officers, but by
no more officers than are reasonably necessary to carry out the
search.
(2) Before carrying out the search, one of the corrective services
officers must tell the prisoner—
(a) that the prisoner will be required to remove the
prisoner’s clothing during the search; and
(b) why it is necessary to remove the clothing.
(3) A corrective services officer carrying out the search—
(a) must ensure, as far as reasonably practicable, that the
way in which the prisoner is searched causes minimal
embarrassment to the prisoner; and
(b) must take reasonable care to protect the prisoner’s
dignity; and
(c) must carry out the search as quickly as reasonably
practicable; and
(d) must allow the prisoner to dress as soon as the search is
finished.
(4) A corrective services officer carrying out the search must, if
reasonably practicable, give the prisoner the opportunity to
remain partly clothed during the search, including, for
example, by allowing the prisoner to dress the prisoner’s
upper body before being required to remove clothing from the
lower part of the body.
(5) If a corrective services officer seizes clothing because of the
search, the officer must ensure the prisoner is left with, or
given, reasonably appropriate clothing.
[s 39]
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39 Body search of particular prisoner
(1) The chief executive may authorise a health practitioner to
conduct a body search of a prisoner if the chief executive
reasonably believes—
(a) the prisoner has ingested something that may jeopardise
the prisoner’s health or wellbeing; or
(b) the prisoner has a prohibited thing concealed within the
prisoner’s body that may potentially be used in a way
that may pose a risk to the security or good order of the
facility; or
(c) the search may reveal evidence of the commission of an
offence or breach of discipline by the prisoner.
(2) Two health practitioners must be present during the body
search.
(3) If the health practitioner reasonably requires help to conduct
the body search, the health practitioner may ask another
person to help the health practitioner.
(4) The health practitioner may seize anything discovered during
the body search if—
(a) seizing the thing would not be likely to cause grievous
bodily harm to the prisoner; and
(b) the health practitioner reasonably believes the thing may
be evidence of the commission of an offence or breach
of discipline by the prisoner.
(5) The health practitioner must give a seized thing to a corrective
services officer as soon as practicable after seizing it.
39A Further requirements and procedures for searches
(1) A regulation may prescribe further requirements and
procedures relating to the carrying out of a search of a
prisoner, including a personal search, body search or search
requiring the removal of clothing.
(2) Without limiting subsection (1), further requirements and
procedures may be prescribed for—
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(a) the effective carrying out of the search; or
(b) respecting a prisoner’s dignity; or
(c) taking into account the special or diverse needs of a
prisoner.
40 Register of searches
(1) The chief executive must establish a register, for each
corrective services facility, recording the details of each
search carried out at the facility requiring the removal of
clothing, and each body search, of a prisoner.
(2) The details must include the following—
(a) the reason for the search;
(b) the names of the persons present during the search;
(c) details of anything seized from the prisoner.
(3) The chief executive must make each register available for
inspection by an official visitor.
41 Who may be required to give test sample
(1) The chief executive may require any of the following persons
to give a test sample of the type the chief executive requires—
(a) a prisoner;
(b) an offender if—
(i) the giving of the test sample is required by a parole
order or court order; or
(ii) for an offender who is released on parole—the
chief executive reasonably believes the offender
poses a serious and immediate risk of self harm.
(2) The chief executive must give the person the results of the
final tests conducted on the test sample as soon as practicable
after the chief executive receives the results of the final tests.
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42 Giving test sample
(1) The chief executive or a health practitioner may give a
prisoner or an offender mentioned in section 41(1)(b)
directions about the way the prisoner or offender must give a
test sample.
(2) Only a health practitioner may take a sample of blood.
(3) A health practitioner, and anyone acting in good faith at the
direction of the health practitioner, may use the force that is
reasonably necessary to enable the health practitioner to take
the test sample.
(4) A regulation may prescribe—
(a) the number of corrective services officers that must be
present when a test sample stated in the regulation is
being taken from a prisoner; and
(b) how a test sample stated in the regulation, other than a
sample of blood, must be taken.
43 Consequences of positive test sample
(1) If a prisoner gives a positive test sample—
(a) the test result may be considered when assessing the
prisoner’s security classification; and
(b) the prisoner may be required to undertake a medical or
behavioural treatment program.
(2) Subsection (1) may apply in addition to the prisoner being
dealt with for the commission of an offence or a breach of
discipline.
(3) When acting under subsection (1), the chief executive must
take into account the circumstances of the case and the
prisoner’s needs.
(4) A prisoner is taken to have given a positive test sample if the
prisoner—
(a) refuses to supply the test sample; or
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(b) fails to supply the test sample within a reasonable time,
unless the prisoner has a reasonable excuse; or
Example of a reasonable excuse—
a medical condition preventing the prisoner from supplying the
test sample in the time it might reasonably take another prisoner
who does not have the medical condition to supply the sample
(c) alters or invalidates, or attempts to alter or invalidate, the
results of the test sample; or
(d) tampers, or attempts to tamper, with the test sample.
Division 4 Mail, phone calls and other
communications
Subdivision 1 Mail
44 Prisoner’s ordinary mail at prisoner’s own expense
(1) A prisoner must purchase anything required for the prisoner’s
ordinary mail.
(2) However, if the chief executive is satisfied that a prisoner does
not have enough money to pay the postage costs, the costs
may be paid for by the chief executive.
(3) If subsection (2) applies to a prisoner, the prisoner may post a
letter not more than twice a week, unless otherwise approved
by the chief executive.
(4) If a prisoner is participating in an approved activity, course or
program that requires the prisoner to send things by mail, the
postage costs associated with the prisoner’s participation must
be paid for by the chief executive.
45 Opening, searching and censoring mail
(1) A corrective services officer authorised by the chief executive
may open, search and censor a prisoner’s ordinary mail.
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(2) A corrective services officer authorised by the chief executive
may, in a prisoner’s presence, open and search the prisoner’s
privileged mail or mail purporting to be privileged mail, if the
officer reasonably suspects the mail—
(a) contains—
(i) something that may physically harm the person to
whom it is addressed; or
(ii) a prohibited thing; or
(b) is not privileged mail.
(3) However, a corrective services officer mentioned in
subsection (2) must not read a prisoner’s privileged mail,
other than to establish that it is privileged mail, without the
prisoner’s written consent.
(4) If a corrective services officer reads a prisoner’s privileged
mail, the officer must not disclose the contents to any person.
Maximum penalty—100 penalty units or 2 years
imprisonment.
(5) Subject to sections 46 to 48, after a prisoner’s mail has been
searched or censored it must be—
(a) for incoming mail—immediately delivered to the
prisoner to whom it is addressed; or
(b) for outgoing mail—immediately placed into the external
mail system.
46 Seizing and otherwise dealing with mail containing
information about the commission of an offence
(1) If a search of a prisoner’s mail reveals information about the
commission of an offence—
(a) the mail may be seized by—
(i) if it is privileged mail—the chief executive; or
(ii) if it is ordinary mail—a corrective services officer;
and
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(b) the chief executive must give the information revealed in
the mail to the relevant law enforcement agency.
(2) Subsection (1) does not apply if the prisoner’s mail is
privileged mail and the information is about the commission
of the offence for which the prisoner is being detained.
47 Seizing harmful or prohibited things contained in
privileged mail
The chief executive may seize something in a prisoner’s
privileged mail if the thing—
(a) may physically harm the person to whom it is
addressed; or
(b) is a prohibited thing.
48 Seizing ordinary mail and things contained in it
(1) A corrective services officer may seize a prisoner’s ordinary
mail, or anything in it, to stop—
(a) anything that poses a risk to the security or good order
of the corrective services facility entering or leaving the
facility; or
(b) anything that appears to be intended for the commission
of an offence, or a breach of a court order, entering or
leaving the facility; or
(c) threatening or otherwise inappropriate correspondence
leaving the facility; or
Example of inappropriate correspondence—
correspondence by a prisoner, who has been convicted of a
sexual offence against a child, to a child with whom the prisoner
had no relationship before being imprisoned
(d) a prohibited thing entering or leaving the facility; or
(e) the prisoner purchasing goods or services without the
chief executive’s written approval.
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(2) Subsection (1) does not apply to a document to which legal
professional privilege attaches.
49 Register of privileged mail searches
(1) The chief executive must establish a register, for each
corrective services facility, recording the following for each
search of a prisoner’s privileged mail—
(a) the reasons for the search, including the basis for the
corrective services officer’s reasonable suspicion about
the mail;
(b) without disclosing the contents of the mail, the result of
the search.
(2) The chief executive must make the register available for
inspection by an official visitor.
Subdivision 2 Phone calls
50 Phone calls
(1) A prisoner may—
(a) at the chief executive’s expense, make 1 phone call on
admission to a corrective services facility; and
(b) at the prisoner’s own expense, phone approved persons
at approved telephone numbers.
(2) However, the chief executive may pay for a call mentioned in
subsection (1)(b) if the chief executive considers there is
sufficient reason to do so.
(3) The chief executive may decide the length and frequency of
phone calls made by prisoners.
(4) A prisoner in a corrective services facility can not receive
phone calls from outside the facility, other than an approved
phone call in the event of a family or other personal
emergency.
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(5) A prisoner must not—
(a) call an approved telephone number knowing the call
will be diverted to another telephone number to allow
the prisoner to contact someone other than an approved
person; or
(b) intentionally continue with a call that—
(i) the prisoner knows is diverted from an approved
telephone number to another telephone number;
and
(ii) allows the prisoner to contact someone other than
an approved person; or
(c) call an approved telephone number and ask the person
called to make a conference call to someone else.
Maximum penalty—6 months imprisonment.
(6) The chief executive may approve a prisoner’s participation in
a conference call if the prisoner requires the use of an
interpreter.
Subdivision 3 Other communications
51 Personal videoconferences for approved prisoners
(1) An approved prisoner may contact approved persons by
videoconferencing technology if the technology is available
for the prisoner’s use at the corrective services facility.
(2) The chief executive may pay for a videoconference mentioned
in subsection (1) if the chief executive considers there is
sufficient reason to do so.
(3) The chief executive may decide the length and frequency of
an approved prisoner’s videoconference.
(4) An approved prisoner must not intentionally continue with a
videoconference that allows the prisoner to contact someone
other than an approved person.
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Maximum penalty for subsection (4)—6 months
imprisonment.
Subdivision 4 Recording or monitoring prisoner
communications
52 Recording or monitoring prisoner communication
(1) The chief executive may record or monitor a prisoner
communication.
(2) However, the chief executive must not record or monitor a
prisoner communication the chief executive has authorised to
be made between a prisoner and—
(a) the prisoner’s lawyer; or
(b) an officer of a law enforcement agency; or
(c) the parole board; or
(d) the ombudsman; or
(e) the inspector of detention services.
(3) The parties to each prisoner communication, other than a
communication mentioned in subsection (2), must be told the
communication may be recorded and monitored.
(4) The chief executive may end a prisoner communication if the
chief executive reasonably believes the communication
constitutes—
(a) an offence; or
(b) a breach of a court order; or
(c) a threat to the security or good order of a corrective
services facility.
(5) If a prisoner communication recorded or monitored under this
section reveals information about the commission of an
offence, the chief executive must give the information to the
relevant law enforcement agency.
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(6) In this section—
prisoner communication means a phone call, an electronic
communication or a video link communication made to or
from a prisoner.
Division 5 Safety orders
53 Safety order
(1) The chief executive may make an order (a safety order) for a
prisoner if—
(a) a doctor or psychologist advises the chief executive that
the doctor or psychologist reasonably believes there is a
risk of the prisoner self harming or harming someone
else; or
(b) the chief executive reasonably believes—
(i) there is a risk of the prisoner harming, or being
harmed by, someone else; or
(ii) the safety order is necessary for the security or
good order of the corrective services facility.
(2) The safety order must not be for a period longer than 1 month.
(3) The safety order must state the conditions, prescribed under a
regulation, that apply to the prisoner’s treatment.
(4) The chief executive may limit the privileges of a prisoner
during the period of the safety order if the chief executive
reasonably believes that during the period—
(a) it will not be practicable for the prisoner to receive
privileges to the extent the prisoner would otherwise
have received them; or
(b) having regard to the purpose of the safety order, it is not
desirable that the prisoner receive privileges to the
extent the prisoner would otherwise have received them.
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(5) Without limiting subsection (3), the safety order must also
state the extent to which, as decided by the chief executive,
the prisoner may receive privileges during the period of the
safety order.
(6) During the period of the safety order, the prisoner may be
accommodated separately from other prisoners, including, for
example, in a health centre at the corrective services facility.
(7) If the prisoner is separated from other prisoners during the
period of the safety order, the chief executive may provide for
the prisoner’s reintegration, before the period ends—
(a) into the mainstream prisoner population of the
corrective services facility; or
(b) into the routine that applied to the prisoner before the
safety order took effect.
(8) In this section—
health centre means a part of a corrective services facility
where prisoners are treated and medication is dispensed.
54 Consecutive safety orders
(1) The chief executive may make a further safety order for a
prisoner to take effect at the end of an existing safety order.
(2) However, if the existing safety order was made on the advice
of a doctor or psychologist, the further safety order may be
made only on the advice of a doctor or psychologist.
(3) The further safety order must be made not more than 7 days
before the end of the existing safety order.
(4) Also, if the existing safety order is taken to be for a period of
more than 1 month under subsection (5), the chief executive
must not make the further safety order unless—
(a) not more than 14 days before the end of the existing
safety order, the chief executive gives written notice to
the prisoner advising the prisoner that—
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(i) the chief executive is about to consider whether a
further safety order should be made; and
(ii) the prisoner may, within 7 days after receiving the
written notice, make submissions to the chief
executive about anything relevant to the decision
about making the further safety order; and
(b) the chief executive considers any submission the
prisoner makes under paragraph (a)(ii).
(5) For this section, 2 or more safety orders running consecutively
are taken to be 1 safety order.
Example—
Initially, a safety order for a prisoner is made for a period of 2 weeks
and a further safety order for the prisoner is made under this section for
a period of 3 weeks. For this section, the existing safety order is taken
to have been made for a period of 5 weeks.
55 Review of safety order—doctor or psychologist
(1) If a safety order was made on the advice of a doctor or
psychologist (the advising practitioner), the chief executive
must refer the order to another doctor or psychologist (the
reviewing practitioner) for review as required under
subsection (2).
(2) The safety order must be reviewed—
(a) if the advising practitioner recommended the order be
reviewed at intervals of not more than 7 days—at
intervals of not more than 7 days; or
(b) otherwise—as soon as practicable.
(3) The reviewing practitioner must review the safety order as
required under subsection (2).
(4) After completing the review, the reviewing practitioner must
recommend to the chief executive whether the safety order
should be confirmed, amended in a particular way or
cancelled.
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(5) The chief executive must consider the recommendation and
confirm, amend or cancel the safety order.
(6) To remove any doubt, it is declared that the chief executive is
not bound by the reviewing practitioner’s recommendation.
56 Review of safety order—official visitor
(1) A prisoner subject to a safety order may apply in writing to
the chief executive for referral of the order to an official
visitor for review.
(2) After receiving the application, the chief executive must refer
the safety order to an official visitor.
(3) The official visitor must review the safety order.
(4) If a safety order for a prisoner is for a period of more than 1
month, an official visitor must review the order—
(a) as near as practicable to the end of the first month; and
(b) subsequently, at intervals of not more than 1 month until
the period ends.
(5) When reviewing a safety order, an official visitor may
exercise the powers mentioned in section 291.
(6) After completing a review, an official visitor must recommend
to the chief executive whether the safety order should be
confirmed, amended or cancelled.
(7) If the official visitor recommends that the safety order be
amended by reducing the period of the order, or that the order
be cancelled, the official visitor must also recommend to the
chief executive what should be done about any privileges
forfeited by the prisoner while the order applied to the
prisoner.
(8) The chief executive must consider the recommendations and
either confirm, amend or cancel the safety order.
(9) To remove any doubt, it is declared that the chief executive is
not bound by an official visitor’s recommendations.
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(10) For this section, 2 or more safety orders running consecutively
are taken to be 1 safety order.
57 Health examination
If a safety order is made for a prisoner, a health practitioner
must examine the prisoner for any health concerns—
(a) as soon as practicable after the order is made; and
(b) subsequently, at intervals of not more than 7 days (to the
greatest practicable extent) for the duration of the order.
58 Temporary safety order
(1) The chief executive may make a temporary order (the
temporary safety order) for a prisoner if—
(a) a doctor or psychologist is not available to advise the
chief executive about the risk of the prisoner self
harming or harming someone else; and
(b) a corrective services officer or nurse advises the chief
executive that the officer or nurse reasonably believes
the prisoner may self harm or harm someone else.
(2) The temporary safety order must not be for a period longer
than 5 days.
(3) The chief executive must refer the temporary safety order to a
doctor or psychologist before the period ends.
(4) The doctor or psychologist must review the temporary safety
order as soon as practicable before the period ends.
(5) After completing the review, the doctor or psychologist must
recommend to the chief executive whether—
(a) the chief executive should make a safety order for the
prisoner; or
(b) the temporary safety order should be cancelled.
(6) The chief executive must consider the recommendation and—
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(a) if the recommendation is that a safety order be made for
the prisoner—make a safety order for the prisoner; or
(b) cancel the temporary safety order.
59 Record
(1) The chief executive must record, for each corrective services
facility, the details of each prisoner subject to a safety order or
temporary safety order.
(2) For a safety order, the details must include each of the
following—
(a) the prisoner’s name, identification number and age;
(b) whether the prisoner is an Aboriginal or Torres Strait
Islander person;
(c) the name of any doctor or psychologist on whose advice
the order was made;
(d) the date on which the order was made;
(e) the period for which the order was made;
(f) the dates the prisoner was examined under section 57;
(g) if the order was reviewed—
(i) the date when the review was carried out; and
(ii) the name of the doctor, psychologist or official
visitor who reviewed the order; and
(iii) the decision of the chief executive.
(3) For a temporary safety order, the details must include each of
the following—
(a) the prisoner’s name, identification number and age;
(b) whether the prisoner is an Aboriginal or Torres Strait
Islander person;
(c) the name of the corrective services officer or nurse on
whose advice the order was made;
(d) the date on which the order was made;
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(e) the period for which the order was made;
(f) the date when the order was reviewed;
(g) the name of the doctor or psychologist who reviewed the
order;
(h) the decision of the chief executive following the review.
Division 6 Maximum security orders
60 Maximum security order
(1) The chief executive may make an order (the maximum
security order) that a prisoner be accommodated in a
maximum security unit.
(2) However, the chief executive may direct that the prisoner be
accommodated for the whole or a part of the period for which
the maximum security order is in effect in an area in the
corrective services facility other than a maximum security
unit.
(3) The maximum security order may be made only if the chief
executive reasonably believes that 1 or more of the following
apply—
(a) there is a high risk of the prisoner escaping or
attempting to escape;
(b) there is a high risk of the prisoner killing or seriously
injuring other prisoners or other persons with whom the
prisoner may come into contact;
(c) generally, the prisoner is a substantial threat to the
security or good order of the corrective services facility.
(4) The maximum security order must not be for a period longer
than 6 months.
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61 Consecutive maximum security orders
(1) The chief executive may make a further maximum security
order for a prisoner to take effect at the end of an existing
maximum security order.
(2) The further maximum security order must be made not more
than 14 days before the end of the existing maximum security
order.
(3) However, the chief executive must not make the further
maximum security order unless—
(a) not more than 28 days before the end of the existing
maximum security order, the chief executive gives
written notice to the prisoner advising the prisoner
that—
(i) the chief executive is about to consider whether a
further maximum security order should be made;
and
(ii) the prisoner may, within 14 days after receiving the
written notice, make submissions to the chief
executive about anything relevant to the decision
about making the further maximum security order;
and
(b) the chief executive considers any submission the
prisoner makes under paragraph (a)(ii).
62 Other matters about maximum security order
(1) A maximum security order for a prisoner must include, if it is
practicable, directions about the extent to which—
(a) the prisoner is to be separated from other prisoners; and
(b) the prisoner is to receive privileges.
(2) The privileges the prisoner may receive while subject to the
maximum security order must be limited to privileges—
(a) that can be enjoyed within the maximum security unit or
in the area in which the prisoner is accommodated; and
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(b) the enjoyment of which, in the circumstances of the
order, may reasonably be expected not to pose a risk to
the security or good order of the corrective services
facility.
(3) The maximum security order may include directions about the
prisoner’s access to programs and services, including training
and counselling.
(4) The chief executive may provide for the prisoner’s
reintegration into the mainstream prisoner population of the
corrective services facility before the period of the maximum
security order ends.
63 Review of maximum security order
(1) A prisoner subject to a maximum security order may apply in
writing to the chief executive for referral of the order to an
official visitor for review.
(2) However—
(a) if the period of the maximum security order is 3 months
or less, the prisoner can not ask for the order to be
referred more than once; or
(b) if the period of the maximum security order is more than
3 months, the prisoner can not ask for the order to be
referred more than twice in any 6 month period.
(3) After receiving an application under subsection (1), the chief
executive must refer the maximum security order to an official
visitor.
(4) The official visitor must review the maximum security order.
(5) In addition to the prisoner’s entitlement under subsection (2),
the prisoner may also ask for the maximum security order to
be referred to an official visitor if the chief executive amends
the order, other than under subsection (9).
(6) The official visitor, on the official visitor’s own initiative,
must review the maximum security order if—
(a) the period of the order is more than 3 months; and
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(b) the order has not been reviewed—
(i) at the prisoner’s request; or
(ii) within the previous 3 months.
(7) When reviewing the maximum security order, the official
visitor may exercise the powers mentioned in section 291.
(8) After completing the review, the official visitor must
recommend to the chief executive whether the maximum
security order should be confirmed, amended or cancelled.
(9) The chief executive must consider the recommendation and
confirm, amend or cancel the maximum security order.
(10) To remove any doubt, it is declared that the chief executive is
not bound by the official visitor’s recommendation.
(11) For this section, 2 or more maximum security orders running
consecutively are taken to be 1 maximum security order.
63A Suspension of maximum security order
(1) This section applies if a prisoner subject to a maximum
security order is transferred to another place and lawfully
given into another person’s custody.
Note—
See, for example, section 68(5).
(2) The maximum security order is suspended while the prisoner
is in the other person’s custody.
(3) The suspension ends when the prisoner returns to the chief
executive’s custody.
(4) Within 7 days after the prisoner returns to the corrective
services facility, the chief executive must review the
maximum security order and confirm, amend or cancel it.
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64 Health examination
If a maximum security order is made for a prisoner, a health
practitioner must examine the prisoner for any health
concerns—
(a) as soon as practicable after the order takes effect; and
(b) subsequently, at intervals of not more than 28 days (to
the greatest practicable extent) for the duration of the
order; and
(c) as soon as practicable after the order ceases to have
effect.
65 Record
(1) The chief executive must record, for each corrective services
facility, the details of each prisoner subject to a maximum
security order.
(2) The details must include each of the following—
(a) the prisoner’s name, identification number and age;
(b) whether the prisoner is an Aboriginal or Torres Strait
Islander person;
(c) the date on which the maximum security order was
made;
(d) the period for which the maximum security order was
made;
(e) if the maximum security order is suspended under
section 63A—
(i) the date on which the order was suspended; and
(ii) the date on which the suspension ended;
(f) the dates the prisoner was examined under section 64;
(g) if the order was reviewed—
(i) the date when the review was carried out; and
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(ii) the name of the official visitor who reviewed the
order; and
(iii) the decision of the chief executive following the
review.
Division 7 Transfer and removal of prisoners
Subdivision 1 Transfer to a work camp
66 Work order
(1) The chief executive may, by written order (a work order),
transfer a prisoner from a corrective services facility to a work
camp.
(2) The prisoner must perform community service as directed by
the chief executive.
(3) A work order may include the conditions the chief executive
reasonably considers necessary for all or any of the
following—
(a) to help the prisoner reintegrate into the community;
(b) to ensure the prisoner’s good conduct;
(c) to stop the prisoner committing an offence.
(4) The chief executive must give a copy of the work order to the
prisoner.
(5) The Judicial Review Act 1991, parts 3, 4 and 5, other than
section 41(1), do not apply to a decision made, or purportedly
made, under this section about transferring a prisoner.
Note—
The Judicial Review Act 1991, part 3 deals with statutory orders of
review, part 4 deals with reasons for decisions and part 5 deals with
prerogative orders and injunctions.
(6) In this section—
decision includes a decision affected by jurisdictional error.
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67 Restriction on eligibility for transfer to work camp
(1) A prisoner is not eligible to be transferred to a work camp if—
(a) the prisoner has been charged with an offence that has
not been dealt with by a court; or
(b) the chief executive is aware of an unexecuted warrant
relating to the prisoner; or
(c) a deportation or extradition order has been made against
the prisoner; or
(d) an appeal has been made to a court against the prisoner’s
conviction or sentence and the appeal is not decided; or
(e) the prisoner is ineligible under section 68A for transfer
to a low custody facility.
(2) When deciding whether to transfer a prisoner to a work camp,
the chief executive must consider—
(a) all recommendations of the sentencing court; and
(b) the risk the prisoner may pose to the community,
including, for example, by considering—
(i) the risk of the prisoner escaping or attempting to
escape; and
(ii) the risk of physical or psychological harm to a
member of the community and the degree of risk;
and
(iii) the prisoner’s security classification; and
(c) anything else the chief executive considers relevant.
Subdivision 2 Other transfer and removal of
prisoners
68 Transfer to another corrective services facility, health
facility or personal care facility
(1) The chief executive may, by written order, transfer a prisoner
from a corrective services facility to—
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(a) subject to section 68A, another corrective services
facility; or
(b) a place for—
(i) medical or psychological examination or
treatment; or
(ii) examination or treatment for substance
dependency; or
(iii) assessment and provision of palliative or other
personal care.
(2) The order may include the conditions the chief executive
reasonably considers necessary to effect the transfer.
(3) The prisoner must be escorted by a corrective services officer
or police officer.
(4) The prisoner may be detained in a place for as long as is
necessary or convenient to give effect to the order.
(5) If a prisoner is transferred to an authorised mental health
service and becomes a classified patient under the Mental
Health Act 2016, the patient is taken to be in the custody of
the administrator of the patient’s treating health service under
that Act.
(6) The Judicial Review Act 1991, parts 3, 4 and 5, other than
section 41(1), do not apply to a decision made, or purportedly
made, under this section about transferring a prisoner.
Note—
The Judicial Review Act 1991, part 3 deals with statutory orders of
review, part 4 deals with reasons for decisions and part 5 deals with
prerogative orders and injunctions.
(7) In this section—
decision includes a decision affected by jurisdictional error.
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68A Restriction on eligibility for transfer to low custody
facility
(1) A prisoner (an ineligible prisoner) is not eligible to be
transferred from a secure facility to a low custody facility if
the prisoner—
(a) has been convicted of a sexual offence; or
(b) has been convicted of murder; or
(c) is serving a life sentence.
(2) Subsection (1) is subject to section 271C.
(3) In this section—
low custody facility means—
(a) a prison, other than a secure facility; or
(b) a community corrections centre; or
(c) a work camp.
69 Transfer to court
(1) The chief executive must produce a prisoner at the time and
place, and for the purpose, stated in a court order or an
attendance authority.
(2) A party to a civil proceeding who requires a prisoner to attend
court must pay to the chief executive the expenses for the
prisoner’s attendance.
(3) The transfer of a prisoner to a court must be authorised by an
order of the chief executive, even if it is required by a court
order or an attendance authority.
(4) In this section—
attendance authority means—
(a) a summons under the Justices Act 1886; or
(b) a notice to appear under the Police Powers and
Responsibilities Act 2000; or
(c) a law list published by a court; or
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(d) a notice from a court to the chief executive advising that
the prisoner is required to be present in the court for a
particular matter.
civil proceeding does not include—
(a) a criminal proceeding; or
(b) a proceeding relating to corrupt conduct alleged against
a staff member.
court includes a tribunal or person with power to compel
persons to attend before it, him or her.
70 Removal of prisoner for law enforcement purposes
(1) A person may, in the approved form, apply to the chief
executive for a prisoner to be removed from a corrective
services facility to another place to enable—
(a) the prisoner to provide information to a law enforcement
agency to help the agency perform its law enforcement
functions; or
(b) a law enforcement agency to question the prisoner about
an indictable offence alleged to have been committed by
the prisoner.
(2) The chief executive may authorise the removal of the prisoner
only if the prisoner, in the presence of an official visitor,
agrees in writing.
(3) A prisoner is taken to be in the presence of an official visitor if
the official visitor can see and hear the prisoner by means of a
contemporaneous communication link.
(4) The prisoner may be removed only by a corrective services
officer or police officer.
(5) While the prisoner is absent from the corrective services
facility, the prisoner is taken to be in the custody of the chief
executive of the law enforcement agency.
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Subdivision 3 Reconsidering transfer decision
71 Reconsidering decision
(1) This section applies if—
(a) the chief executive decides to transfer a prisoner under
section 66 or 68, other than a preliminary transfer or a
transfer for the purposes of the prisoner’s initial
placement; and
(b) the prisoner is dissatisfied with the decision.
(2) The prisoner may, within 7 days after being given notice of
the decision, apply in writing to the chief executive for a
reconsideration of the decision.
(3) After reconsidering the decision, the chief executive may
confirm, amend or cancel the decision.
(4) The Judicial Review Act 1991, parts 3, 4 and 5, other than
section 41(1), do not apply to a decision made, or purportedly
made, under subsection (3).
Note—
The Judicial Review Act 1991, part 3 deals with statutory orders of
review, part 4 deals with reasons for decisions and part 5 deals with
prerogative orders and injunctions.
(5) In this section—
decision, for subsection (4), includes a decision affected by
jurisdictional error.
initial placement, of a prisoner who is sentenced to a period
of imprisonment, means the placement of the prisoner at—
(a) if a preliminary transfer of the prisoner has been
made—the corrective services facility to which the
prisoner is transferred following the preliminary
transfer; or
(b) otherwise—the corrective services facility to which the
prisoner is transferred after first being admitted to a
corrective services facility on sentencing.
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preliminary transfer means the transfer on sentencing of a
prisoner who is detained on remand for an offence, if the
transfer is for the purposes of assessing and determining an
appropriate corrective services facility for the prisoner’s initial
placement.
Division 8 Leave of absence
Subdivision 1 Chief executive’s powers
72 Power to grant leave
(1) The chief executive may, by written order, grant a prisoner—
(a) leave for community service (community service leave);
or
(b) leave for compassionate reasons (compassionate leave);
or
(c) leave for educational or vocational activities
(educational leave); or
(d) leave for medical, dental or optical treatment (health
leave); or
(e) leave for another purpose the chief executive is satisfied
justifies granting the leave.
(2) The chief executive may grant the leave on reasonable
conditions stated in the order.
(3) The chief executive may, if the chief executive reasonably
considers it necessary, order the prisoner remain in the
physical custody of, or be supervised by, a corrective services
officer during the leave.
(4) This section applies subject to section 73 and subdivision 3.
73 Compassionate leave
(1) Compassionate leave may be granted to enable a prisoner—
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(a) to visit a relative who is seriously ill; or
(b) to attend a relative’s funeral; or
(c) for a female prisoner who is the mother of a young
child—to establish the child with a replacement primary
care giver; or
(d) for a prisoner who, before being imprisoned, was the
primary care giver of a child—to maintain the
relationship with the child; or
(e) for a prisoner who is a child’s parent or kin but, before
being imprisoned, was not the primary care giver of the
child—to establish a relationship, or maintain the
relationship, with the child.
(2) The prisoner must prove the need for the leave to the chief
executive’s satisfaction.
(3) When considering whether to grant compassionate leave to a
prisoner, the chief executive must take into account the
prisoner’s culturally specific needs.
(4) In this section—
kin, in relation to a child, see the Child Protection Act 1999,
schedule 3.
Subdivision 3 Restrictions on granting particular
leave
81 Leave for prisoner serving a life sentence, or serious
violent offender
(1) This section applies to the grant of any of the following leave
to a prisoner who is serving a life sentence or is a serious
violent offender—
(a) community service leave;
(b) educational leave.
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(2) If a court ordered that the prisoner serve a stated period before
being granted leave, the chief executive must not grant leave
to the prisoner unless the prisoner has served at least the stated
period.
(3) Otherwise, the chief executive must not grant leave to the
prisoner unless the prisoner has reached the prisoner’s parole
eligibility date.
(4) In deciding whether to grant leave to the prisoner, the chief
executive must consider all recommendations of the
sentencing court about the prisoner.
82 Leave for other particular prisoners
(1) The following prisoners may be granted only compassionate
leave or health leave—
(a) a prisoner detained on remand for an offence;
(b) a prisoner detained under the Migration Act 1958
(Cwlth);
(c) a prisoner imprisoned for an indefinite period for
contempt;
(d) a prisoner detained under the Criminal Law Amendment
Act 1945, part 3;
Note—
The Criminal Law Amendment Act 1945, part 3 deals with
indeterminate detention of offenders convicted of sexual
offences.
(e) a prisoner detained, other than as mentioned in
paragraph (d), for a sexual offence.
(2) The prisoner must remain in the physical custody of a
corrective services officer during the leave.
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Subdivision 4 Other provisions about leave of
absence
83 Prisoner’s expenses while on leave
(1) The chief executive may authorise a prisoner granted leave of
absence to be given money or something else the chief
executive reasonably considers necessary to meet the
prisoner’s requirements while on the leave.
(2) The prisoner must return to the chief executive the unused
portion of money given to the prisoner.
84 Prisoner’s duties while on leave
(1) The chief executive must give a prisoner granted leave of
absence a copy of the order granting the leave.
(2) The prisoner must comply with the conditions stated in the
order, unless the prisoner has a reasonable excuse.
Maximum penalty for subsection (2)—6 months
imprisonment.
85 Suspending or cancelling order for leave of absence
(1) The chief executive may suspend the operation of an order for
a prisoner’s leave of absence and require the prisoner to return
to a corrective services facility if the chief executive
reasonably believes the prisoner—
(a) has failed to comply with the order; or
(b) poses a serious and immediate risk of harm to someone
else; or
(c) poses an unacceptable risk of committing an offence.
(2) The chief executive must notify the prisoner of the suspension
or cancellation of the order before requiring the prisoner to
return, unless the chief executive reasonably believes the
prisoner poses a serious and immediate risk of harm to
someone else.
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87 Leave of absence is part of period of imprisonment
The time spent by a prisoner on leave of absence, whether
before or after the commencement of this section, counts as
time served under the prisoner’s period of imprisonment.
88 When leave of absence is not required
Leave of absence is not required to authorise the transfer of a
prisoner from a corrective services facility—
(a) to another part of the facility; or
(b) to another corrective services facility, if the prisoner
does not go anywhere else on the way to the other
corrective services facility.
Division 9 Interstate leave of absence
Subdivision 1 Interstate leave permit
89 Interstate leave permit
(1) The chief executive may, by written order (interstate leave
permit) issued to a prisoner, grant leave to the prisoner to
travel to and from, and remain in, a participating State for a
stated period of not more than 7 days for a purpose prescribed
under a regulation.
(2) The interstate leave permit is subject to the conditions,
including conditions about escorting the prisoner, the chief
executive states in the permit.
Example—
The chief executive may require a corrective services officer to escort
the prisoner while on leave.
(3) The prisoner must comply with the conditions of the interstate
leave permit, unless the prisoner has a reasonable excuse.
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Maximum penalty for subsection (3)—6 months
imprisonment.
90 Effect of interstate leave permit
(1) An interstate leave permit issued to a prisoner authorises the
prisoner to be absent from the corrective services facility—
(a) for the purpose and period stated in the permit; and
(b) as stated in the permit, either—
(i) unescorted; or
(ii) while being escorted.
(2) An interstate leave permit requiring the prisoner to be
escorted authorises the prisoner to be escorted—
(a) to the participating State, whether or not across another
State, and within the participating State; and
(b) back to the corrective services facility.
(3) While a prisoner is on leave under an interstate leave permit,
the prisoner remains in the chief executive’s custody.
(4) The time spent by a prisoner on leave under an interstate leave
permit counts as time served under the prisoner’s period of
imprisonment, but only if the prisoner does not breach a
condition of the permit.
91 Amending or cancelling permit
(1) The chief executive may, by signed instrument, amend or
cancel an interstate leave permit.
(2) The amendment or cancellation takes effect immediately the
chief executive signs the instrument.
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92 Notice to participating State
(1) On the granting of an interstate leave permit, the chief
executive must give written notice of the issue, and period, of
the permit to—
(a) the corresponding chief executive and chief officer of
police of the participating State; and
(b) the chief officer of police of any other State through
which the prisoner is to travel to reach the participating
State.
(2) In this section—
corresponding chief executive, of a participating State, means
the officer responsible for the administration of corrective
services in that State.
93 Liability for damage
(1) The State is liable for any damage or loss sustained by anyone
in a participating State that is caused by the act or omission of
a prisoner, or a person escorting the prisoner, while in the
participating State because of an interstate leave permit.
(2) Nothing in this section affects or limits any right of action the
State may have against the prisoner or person for the damage
or loss.
Subdivision 2 Corresponding interstate leave
permit
94 Effect of corresponding interstate leave permit
(1) This section applies to a person who is authorised to escort an
interstate prisoner under a corresponding interstate leave
permit (the interstate escort).
(2) The interstate escort is authorised, in Queensland, to escort
the prisoner—
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(a) for the purposes stated in the permit, including for the
purpose of returning the interstate prisoner to the
participating State; and
(b) for the period stated in the permit.
95 Escape of interstate prisoner
(1) This section applies to an interstate prisoner who is in
Queensland under a corresponding interstate leave permit.
(2) If the interstate prisoner escapes from custody, the prisoner
may be arrested without warrant by the prisoner’s interstate
escort, a police officer or someone else.
(3) If the interstate prisoner has escaped and been arrested, or has
attempted to escape, the prisoner may be taken before a
magistrate.
(4) Despite the terms of the corresponding interstate leave permit,
the magistrate may, by warrant, order the interstate prisoner—
(a) to be returned to the participating State; and
(b) to be delivered to an interstate escort.
(5) The warrant may be executed according to its terms.
(6) The interstate prisoner mentioned in the warrant may be
detained as a prisoner of the State—
(a) for 14 days after the warrant is issued; or
(b) until the prisoner is delivered into the custody of an
interstate escort, if that happens before the end of the 14
days.
(7) If the interstate prisoner is not delivered into the custody of an
interstate escort within 14 days after the warrant is issued, the
warrant ceases to have effect.
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Subdivision 3 Corresponding law
96 Corresponding law
A regulation may declare a law of another State to be a
corresponding law for this division if the law substantially
corresponds to the provisions of this division.
Division 9A Approvals for Mutual Assistance in
Criminal Matters Act 1987 (Cwlth)
96A Mutual assistance approval
(1) At the request of the Commonwealth Attorney-General, the
relevant entity may, by order in writing—
(a) give approval (mutual assistance approval) for a
prisoner to travel to a foreign country—
(i) for the purpose of giving evidence at a proceeding
relating to a criminal matter, as mentioned in the
Commonwealth Act, section 26; or
(ii) for the purpose of giving assistance in relation to
an investigation relating to a criminal matter, as
mentioned in the Commonwealth Act, section 27;
and
(b) give the directions and impose the conditions that the
relevant entity considers are necessary for the release of
the prisoner under the approval.
(2) While a mutual assistance approval is in force, the prisoner to
whom the approval relates—
(a) is authorised to be absent from custody (other than
custody referred to in the Commonwealth Act,
section 26(1)(e)(iii) or 27(1)(e)(iii)) in relation to any
period during which the prisoner would, if the approval
were not in force, be required to be in custody; and
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(b) is exempt from any other requirements imposed under
this or any other Act that would, if the approval were not
in force, prevent the prisoner from travelling to the
foreign country for the purpose stated in the
Commonwealth Attorney-General’s request.
(3) In this section—
Commonwealth Act means the Mutual Assistance in Criminal
Matters Act 1987 (Cwlth).
relevant entity means—
(a) in relation to a prisoner who is released on parole—the
parole board; or
(b) otherwise—the chief executive.
96B Giving prisoner notice of approval and conditions
On the giving of a mutual assistance approval, the entity that
gave the approval must give the prisoner to whom it relates
written notice of—
(a) the approval; and
(b) any conditions relating to the approval and imposed on
the prisoner under section 96A(1)(b).
96C Complying with conditions of approval
A prisoner who is given notice, under section 96B, of a
mutual assistance approval and conditions imposed on the
prisoner must comply with the conditions.
Maximum penalty—6 months imprisonment.
96D Time spent while released under mutual assistance
approval is part of period of imprisonment
The time spent by a prisoner while released under a mutual
assistance approval counts as time served under the prisoner’s
period of imprisonment.
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Division 11 Discharge or release
108 Discharge or release
(1) On a prisoner’s discharge day or release day, the prisoner must
be discharged or released at the time decided by the chief
executive.
(2) Subsection (3) applies if the prisoner’s discharge day or
release day would, apart from that subsection, be—
(a) a Saturday or Sunday; or
(b) a public holiday throughout Queensland; or
(c) a public holiday at the place where the prisoner is held
in custody.
(3) The prisoner must be discharged or released on the last day
before the discharge day or release day that is not a day
mentioned in subsection (2)(a), (b) or (c).
(4) The chief executive may give a prisoner the help the chief
executive reasonably considers appropriate when the prisoner
is discharged or released.
Example—
help with bus or train fares
109 Effect of remission on discharge day for cumulative
sentence
(1) This section applies if a prisoner is serving a term of
imprisonment (the second term) cumulatively with another
term of imprisonment (the first term).
(2) For working out the prisoner’s discharge day, the second term
starts at the end of the first term, taking into account any
remission granted under any of the repealed Acts in relation to
the first term, including a remission granted after the
commencement of this section.
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Note—
For a remission granted after the commencement, see sections 401 and
402.
110 Discharge within 7 days before discharge day
(1) This section applies to a person—
(a) who is—
(i) a prisoner; or
(ii) a person who has been sentenced to a term of
imprisonment and is in the commissioner’s
custody; and
(b) who has served at least half of the person’s period of
imprisonment.
(2) The chief executive may order that the person be discharged
within 7 days immediately before the person’s discharge day.
Example—
The person’s discharge day falls on a Friday but transport to the
person’s community is only available on a Wednesday. The person may
be discharged on the Wednesday before the discharge day.
111 Remaining in corrective services facility after discharge
day or release day
(1) A prisoner may apply in writing to the chief executive for
permission to remain in a corrective services facility after the
prisoner’s discharge day or release day.
(2) The chief executive may grant or refuse to grant the
permission.
(3) If the prisoner has applied to remain in the corrective services
facility after the prisoner’s discharge day and the chief
executive grants the permission, the prisoner—
(a) is taken to have completed the prisoner’s period of
imprisonment on the prisoner’s discharge day; and
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(b) must be discharged within 4 days after the discharge
day.
(4) While a person who was a prisoner remains in a corrective
services facility after the person’s discharge day or release
day, a corrective services officer may give the person a
direction the officer reasonably considers necessary for the
security or good order of the facility or a person’s safety.
(5) The person must comply with the direction, unless the person
has a reasonable excuse.
Maximum penalty—40 penalty units.
(6) If the person fails to comply with the direction—
(a) the corrective services officer may direct the person to
leave the corrective services facility; and
(b) if the person fails to leave the facility—a corrective
services officer may, as directed by the chief executive
and using reasonably necessary force, remove the
person from the facility.
(7) Subsection (6) applies whether or not the person is charged
with an offence against subsection (5).
Division 12 Arrest of prisoners
112 Arresting prisoner unlawfully at large or absent
(1) If a prisoner is unlawfully at large or unlawfully absent, a
corrective services officer may—
(a) arrest the prisoner without warrant; or
(b) apply in writing to an authorised person for the issue of
a warrant for the prisoner’s arrest.
Note—
See also the Police Powers and Responsibilities Act 2000, section 366.
(2) The authorised person may issue the warrant only if satisfied
the prisoner is unlawfully at large or unlawfully absent.
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(3) The warrant may be directed to all corrective services officers
and may be executed by any of them.
(4) The period during which a prisoner is unlawfully at large does
not count as part of the prisoner’s period of imprisonment.
(5) A prisoner is unlawfully at large if the prisoner has escaped
from lawful custody.
(6) A prisoner is unlawfully absent if—
(a) the prisoner is mistakenly, unlawfully or otherwise
incorrectly discharged or released before the prisoner’s
discharge day or release day; or
(b) the prisoner is at large in the community because the
prisoner was mistakenly released or discharged from the
custody of the proper officer of a court or a police
officer instead of being transferred to a corrective
services facility.
(7) In this section—
authorised person means—
(a) if a prisoner is unlawfully at large after a parole order
has been suspended or cancelled—the parole board; or
(b) in any case—the chief executive or a magistrate.
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Chapter 3 Breaches of discipline and
offences
Part 1 Breaches of discipline by
prisoners
113 Breaches of discipline generally
(1) A regulation may prescribe an act or omission to be a breach
of discipline by a prisoner.
(2) A corrective services officer need not start proceedings
against a prisoner for a breach of discipline if the officer
considers the proceedings should not be started having regard
to—
(a) the trivial nature of the breach; or
(b) the circumstances surrounding the commission of the
breach; or
(c) the prisoner’s previous conduct.
(3) A corrective services officer must not start proceedings
against a prisoner for a breach of discipline if the prisoner’s
act or omission was referred to the commissioner under
section 114(5), unless the commissioner has advised the chief
executive that the matter is not to be prosecuted as an offence.
(4) If a corrective services officer decides to start proceedings
against a prisoner for a breach of discipline, the officer must
decide, having regard to the matters mentioned in
subsection (2), whether the prisoner should be proceeded
against for a major breach of discipline or a minor breach of
discipline.
(5) However, if a prisoner’s act or omission was referred to the
commissioner under section 114(5) and is not to be
prosecuted as an offence, a corrective services officer may
only decide whether the prisoner should be proceeded against
for a major breach of discipline.
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114 Breach of discipline constituting an offence
(1) If a corrective services officer observes, or obtains knowledge
of, a prisoner’s act or omission that could be dealt with either
as an offence or as a breach of discipline, the officer must
immediately inform the chief executive of the act or omission.
(2) The chief executive must decide whether to refer the matter to
the commissioner.
(3) However, if the matter could be prosecuted as a sexual offence
mentioned in schedule 1 or as an offence that has a maximum
penalty of 14 years or more, the chief executive must refer the
matter to the commissioner.
(4) Subsection (5) applies if the chief executive—
(a) decides to refer the matter to the commissioner under
subsection (2); or
(b) must refer the matter to the commissioner under
subsection (3).
(5) The chief executive must, within 48 hours after the corrective
services officer informs the chief executive of the matter—
(a) refer the matter to the commissioner; and
(b) tell the prisoner that the matter has been referred to the
commissioner.
115 Prisoner not to be punished twice for same act or
omission
(1) A prisoner must not be punished for an act or omission as a
breach of discipline if the prisoner has been convicted or
acquitted of an offence for the same act or omission.
(2) A prisoner must not be charged with an offence because of an
act or omission if the prisoner has been punished for the act or
omission as a breach of discipline.
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116 Considering whether breach of discipline committed
(1) If a corrective services officer starts proceedings against a
prisoner for a breach of discipline, a deciding officer must
conduct a hearing to decide whether the breach was
committed.
(2) The time within which the decision must be made is—
(a) if the matter was referred to the commissioner and the
commissioner advised the chief executive that the matter
is not to be prosecuted as an offence—as soon as
practicable, but within 14 days, after the chief executive
receives the advice; or
(b) if paragraph (a) does not apply—
(i) for a minor breach of discipline—within 24 hours
after the alleged time the alleged breach happened;
or
(ii) for a major breach of discipline—as soon as
practicable, but within 14 days, after the deciding
officer becomes aware of the alleged breach.
(3) The deciding officer must—
(a) tell the prisoner of any evidence supporting the
allegation of the breach of discipline; and
(b) give the prisoner a reasonable opportunity to make
submissions in the prisoner’s defence, including, for
example, by attending the hearing and—
(i) questioning any witness called by the chief
executive; and
(ii) calling a person within the corrective services
facility to give evidence in the prisoner’s defence,
unless the deciding officer considers the evidence
may be given in writing or in another form; and
(c) give the prisoner a reasonable opportunity to make
submissions in mitigation of punishment.
(4) The deciding officer may question the prisoner and anyone
else who may be able to provide relevant information.
[s 117]
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(5) Neither the corrective services officer who alleges the breach
nor the prisoner are allowed any legal or other representation
before the deciding officer.
(6) However, the prisoner may be helped by someone from the
corrective services facility if the prisoner is disadvantaged by
language barriers or impaired mental capacity.
(7) The deciding officer is not bound by the rules of evidence but
may, subject to a regulation, obtain information about the
matter in the way the deciding officer thinks appropriate.
117 Further provisions about considering major breach of
discipline
(1) The consideration of a major breach of discipline must be
videotaped.
(2) After considering a major breach of discipline and deciding it
is appropriate in the circumstances, the deciding officer
may—
(a) declare the breach to be a minor breach of discipline;
and
(b) continue the proceedings against the prisoner for the
minor breach of discipline.
118 Consequences of breach of discipline
(1) This section applies if a deciding officer—
(a) is satisfied, on the balance of probabilities, that a
prisoner has committed a minor breach of discipline; or
(b) is satisfied, beyond reasonable doubt, that a prisoner has
committed a major breach of discipline.
(2) The deciding officer may—
(a) reprimand the prisoner without further punishment; or
(b) order that privileges the prisoner may have otherwise
received be forfeited—
[s 119]
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(i) for a minor breach of discipline—in the 24 hours
starting when the prisoner is advised of the
decision; or
(ii) for a major breach of discipline—in the 7 days
starting when the prisoner is advised of the
decision; or
(c) subject to section 121, order the prisoner to undergo
separate confinement.
(3) However, separate confinement may be ordered for a minor
breach of discipline only if the prisoner has habitually
committed minor breaches of discipline and, on the occasion
of the breach immediately preceding the alleged current
breach, was warned that the next breach could result in the
prisoner being separately confined.
(4) Immediately after making the decision, the deciding officer
must tell the prisoner—
(a) the decision; and
(b) that the prisoner may have the decision reviewed; and
(c) how the prisoner may have the decision reviewed.
(5) If the prisoner wants to have the decision reviewed, the
prisoner must tell the deciding officer immediately after being
told the decision.
(6) If the prisoner tells the deciding officer that the prisoner wants
to have the decision reviewed, the deciding officer’s decision
is stayed until the review is finished.
119 Review of decision
(1) A review of a decision that a prisoner has committed a breach
of discipline must be conducted by a corrective services
officer (the reviewing officer) who holds a more senior office
than the deciding officer.
(2) The review must be—
[s 119]
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Authorised by the Parliamentary Counsel
(a) by way of rehearing, unaffected by the decision, on the
material before the deciding officer and any further
evidence allowed by the reviewing officer; and
(b) carried out as soon as practicable after the prisoner tells
the deciding officer that the prisoner wants the decision
reviewed.
(3) The prisoner may be present at the review hearing and make
submissions in the prisoner’s defence or in mitigation of
punishment.
(4) Neither the deciding officer nor the prisoner are allowed any
legal or other representation at the review hearing.
(5) However, the prisoner may be helped by someone from the
corrective services facility if the prisoner is disadvantaged by
language barriers or impaired mental capacity.
(6) For a major breach of discipline, the review hearing must be
videotaped.
(7) The reviewing officer may—
(a) confirm the decision; or
(b) vary the decision; or
(c) set the decision aside and substitute another decision; or
(d) for a major breach of discipline—
(i) declare the breach to be a minor breach of
discipline; and
(ii) set the decision aside and substitute another
decision.
(8) Immediately after making the review decision, the reviewing
officer must tell the prisoner of the decision.
(9) The review decision is not subject to appeal or further review
under this Act.
[s 120]
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Page 112 Current as at 16 September 2024
Authorised by the Parliamentary Counsel
120 Disciplinary breach register
The chief executive must keep a register for each corrective
services facility containing details of the following about
prisoners at the facility—
(a) each decision to deal with a prisoner for a breach of
discipline;
(b) each decision that a prisoner has committed a breach of
discipline, including whether the prisoner was warned
that the next breach could result in the prisoner being
separately confined;
(c) each review of a decision that a prisoner has committed
a breach of discipline.
121 Separate confinement
(1) An order for a prisoner to undergo separate confinement
must—
(a) state the period of separate confinement; and
(b) take any special needs of the prisoner into account; and
(c) contain directions about the extent to which the prisoner
is to receive privileges.
(2) The period of separate confinement stated in the order must
not be more than 7 days.
(3) A health practitioner must examine the prisoner for any health
concerns as soon as practicable after—
(a) the order takes effect; and
(b) the order ceases to have effect.
Part 2 Offences by prisoners
122 Unlawful assembly, riot and mutiny
(1) A prisoner must not take part in an unlawful assembly.
[s 122]
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Chapter 3 Breaches of discipline and offences
Current as at 16 September 2024 Page 113
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Maximum penalty—3 years imprisonment.
(2) A prisoner must not take part in a riot or mutiny.
Maximum penalty—
(a) if, during the riot or mutiny, the prisoner wilfully and
unlawfully damages or destroys, or attempts to damage
or destroy, property that is part of a corrective services
facility and the security of the facility is endangered by
the act—life imprisonment; or
(b) if, during the riot or mutiny, the prisoner demands
something be done or not be done with threats of injury
or detriment to any person or property—14 years
imprisonment; or
(c) if, during the riot or mutiny, the prisoner escapes or
attempts to escape from lawful custody, or helps another
prisoner to escape or attempt to escape from lawful
custody—14 years imprisonment; or
(d) if, during the riot or mutiny, the prisoner wilfully and
unlawfully damages or destroys, or attempts to damage
or destroy, any property—10 years imprisonment; or
(e) otherwise—6 years imprisonment.
(3) An offence against this section is a crime.
(4) In this section—
mutiny means 3 or more prisoners collectively challenging
authority under this Act, with intent to subvert the authority, if
the security of the corrective services facility is endangered.
prisoner means a prisoner in a corrective services facility.
riot means an unlawful assembly that has begun to act in so
tumultuous a way as to disturb the peace.
unlawful assembly means 3 or more prisoners—
(a) assembled with intent to carry out a common purpose
and there are reasonable grounds to believe the prisoners
will—
(i) tumultuously disturb the peace; or
[s 123]
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(ii) provoke other prisoners to tumultuously disturb the
peace; or
(b) who, having assembled with intent to carry out a
common purpose, whether or not the assembly was
lawful, conduct themselves in a way that there are
reasonable grounds to believe the prisoners will—
(i) tumultuously disturb the peace; or
(ii) provoke other prisoners to tumultuously disturb the
peace.
123 Dealing with prohibited thing
(1) A regulation may prescribe a thing to be a prohibited thing.
(2) A prisoner in a corrective services facility must not deal, or
attempt to deal, with—
(a) a prohibited thing; or
(b) something intended to be used by a prisoner to make a
prohibited thing.
Maximum penalty—2 years imprisonment.
(3) However, subsection (2) does not apply to—
(a) making or attempting to make a thing if the prisoner has
the chief executive’s written approval to make it; or
(b) possession of a thing if the prisoner has the chief
executive’s written approval to possess it.
(4) The finding of a prohibited thing in a prisoner’s room that is
not shared with another prisoner, or on the person of a
prisoner, in a corrective services facility is evidence the thing
was in the prisoner’s possession when it was found.
(5) In this section—
deal with, a thing, means make, possess, conceal or
knowingly consume the thing.
[s 124]
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Chapter 3 Breaches of discipline and offences
Current as at 16 September 2024 Page 115
Authorised by the Parliamentary Counsel
124 Other offences
(1) A prisoner must not—
(a) prepare to escape from lawful custody; or
Note—
See the Criminal Code, section 142 for the offence of escaping
from lawful custody.
(b) assault or obstruct a staff member who is performing a
function or exercising a power under this Act or is in a
corrective services facility; or
(c) disobey a lawful direction of the proper officer of a court
or a person assisting the proper officer of a court; or
(d) organise, attempt to organise or take part in any
opposition to authority under this Act, whether inside or
outside a corrective services facility; or
(e) threaten to do grievous bodily harm to someone else; or
(f) unlawfully kill or injure, or attempt to unlawfully kill or
injure, a corrective services dog; or
(g) obstruct a corrective services dog working under the
control of a corrective services officer who is
performing duties under this Act; or
(h) assume another identity or adopt a disguise in order to
commit an offence against this Act; or
(i) wilfully and unlawfully destroy, damage, remove or
otherwise interfere with any part of a corrective services
facility or any property in the facility; or
(j) without lawful authority, abstract or remove information
from, copy or destroy information in, or make a false
entry in, a record kept under this Act; or
(k) without reasonable excuse, be unlawfully at large; or
(l) without reasonable excuse, be in a restricted area of a
corrective services facility.
Maximum penalty—2 years imprisonment.
[s 124A]
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Chapter 3 Breaches of discipline and offences
Page 116 Current as at 16 September 2024
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(2) If a prosecution for an offence against subsection (1)(l) relates
to a restricted area prescribed by regulation and access to the
area is not controlled by a corrective services officer, the
prosecution must prove the prisoner was given sufficient
warning to inform the prisoner that the area is a restricted area
or that the prisoner must not access the area.
(3) Without limiting subsection (2), a prisoner is taken to have
been given a warning informing the prisoner of the restricted
area at a corrective services facility if—
(a) a notice is displayed in the area identifying it as a
restricted area; or
(b) the prisoner was informed, when admitted to the facility,
about the restricted areas for the facility; or
(c) a corrective services officer gave the prisoner a direction
not to access the area.
(4) In this section—
restricted area, for a corrective services facility, means—
(a) each roof of the facility; or
(b) any other part of the facility prescribed by regulation for
this definition.
Part 2A Offences by staff members
124A Prohibition on intimate relationships between staff
members and offenders
(1) A person has an intimate relationship with another person if
the relationship between the persons includes either or both of
the following—
(a) sexual conduct or other physical expressions of affection
or sexual contact;
(b) the exchange of written or other forms of
communication of a sexual or intimate nature.
[s 124B]
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Chapter 3 Breaches of discipline and offences
Current as at 16 September 2024 Page 117
Authorised by the Parliamentary Counsel
(2) A staff member must not have an intimate relationship with a
person who is an offender.
Maximum penalty—100 penalty units or 3 years
imprisonment.
(3) Subsection (2) does not apply to a staff member if—
(a) the staff member did not know, or could not reasonably
have known, the person was an offender; or
(b) the staff member and the person were in an intimate
relationship before the person became an offender.
Part 2B Offence to possess restricted
item on corrective services
land
124B Offence to possess restricted item on corrective services
land
(1) A person must not possess a restricted item while on
corrective services land if the person knows, or ought
reasonably to know, that the person is on corrective services
land.
Maximum penalty—2 years imprisonment.
(2) Subsection (1) does not apply if—
(a) the possession is approved by the chief executive; or
(b) the person is an officer of a law enforcement agency,
protective service or emergency service acting in that
capacity; or
(c) the person is assisting an officer acting under
paragraph (b).
(3) If it is established in a prosecution for an offence against
subsection (1) that there was, at the time of the alleged
offence, appropriate signage at the corrective services land,
the defendant bears the evidential burden of proving the
[s 125]
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Chapter 3 Breaches of discipline and offences
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defendant did not know, and could not by the exercise of
reasonable diligence have known, that the land was corrective
services land.
(4) In this section—
appropriate signage, for corrective services land, means
signage—
(a) identifying the land as corrective services land; or
(b) warning a person entering the land that there is an
increased penalty for possessing a restricted item on the
land and that prior approval of the chief executive is
required for possessing a restricted item on the land.
corrective services land means—
(a) land on which a corrective services facility is located; or
(b) land owned or leased by the State adjacent to a
corrective services facility and used for a purpose
associated with the corrective services facility; or
(c) land owned or leased by the State and used for a purpose
related to the supervision or accommodation of
supervised dangerous prisoners (sexual offenders); or
(d) land comprising the premises and curtilage of a
community corrections office or other place at which
community corrective services are provided; or
(e) land owned or leased by the State and used as an
educational or training facility for corrective services
officers.
restricted item means an item prescribed by regulation to be a
restricted item.
Part 3 General offences
125 Definition for pt 3
In this part—
[s 126]
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Authorised by the Parliamentary Counsel
person does not include a prisoner, other than a prisoner who
is released on parole or a supervised dangerous prisoner
(sexual offender).
126 Helping prisoner at large
(1) A person must not aid someone that the person knows, or
ought reasonably know, is a prisoner who is unlawfully at
large.
Maximum penalty—100 penalty units or 2 years
imprisonment.
(2) In this section—
aid includes abet, employ, harbour and maintain.
127 Obstructing staff member or proper officer of a court
(1) A person must not obstruct a staff member who is performing
a function or exercising a power under this Act, unless the
person has a reasonable excuse.
Maximum penalty—40 penalty units or 1 year’s
imprisonment.
(2) A person must not obstruct the proper officer of a court who is
performing a function or exercising a power under this Act,
unless the person has a reasonable excuse.
Maximum penalty—40 penalty units or 1 year’s
imprisonment.
(3) A person who obstructs a corrective services dog under the
control of a corrective services officer who is performing
duties under this Act is taken to obstruct a corrective services
officer.
(4) In this section—
obstruct includes hinder, resist and attempt to obstruct.
[s 128]
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Chapter 3 Breaches of discipline and offences
Page 120 Current as at 16 September 2024
Authorised by the Parliamentary Counsel
128 Taking prohibited thing into corrective services facility or
giving prohibited thing to prisoner
(1) A person must not—
(a) take, or attempt to take, a prohibited thing into a
corrective services facility; or
(b) cause, or attempt to cause, a prohibited thing to be taken
into a corrective services facility; or
(c) give, or attempt to give, a prohibited thing to a prisoner
in a corrective services facility or to a prisoner of a
court; or
(d) cause, or attempt to cause, a prohibited thing to be given
to a prisoner in a corrective services facility or to a
prisoner of a court.
Maximum penalty—100 penalty units or 2 years
imprisonment.
(2) A person does not commit an offence against subsection (1)
if, for the relevant act carried out or attempted, the person has
the approval of—
(a) if the act relates to a corrective services facility or a
prisoner—the chief executive; or
(b) if the act relates to a prisoner of a court—the proper
officer of the court.
(3) In this section—
give includes send.
prohibited thing includes something that the person intends
the prisoner or prisoner of a court to use to make a prohibited
thing.
129 Removing things from corrective services facility
(1) A person must not, without the chief executive’s approval—
(a) remove, or attempt to remove, anything from a
corrective services facility; or
[s 130]
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Authorised by the Parliamentary Counsel
(b) cause, or attempt to cause, anything to be removed from
a corrective services facility; or
(c) take, or attempt to take, anything from a prisoner
whether inside or outside a corrective services facility.
Maximum penalty—40 penalty units.
(2) Subsection (1)(c) does not apply to a corrective services
officer acting in the course of the officer’s duties as a
corrective services officer.
130 Unlawful entry
A person must not—
(a) enter, or attempt to enter, a corrective services facility
without the chief executive’s approval; or
(b) assume a false identity for the purpose of entering a
corrective services facility.
Maximum penalty—100 penalty units or 2 years
imprisonment.
131 Killing or injuring corrective services dog
(1) A person must not, without the chief executive’s approval—
(a) kill or injure a corrective services dog; or
(b) attempt to kill or injure a corrective services dog.
Maximum penalty—100 penalty units or 2 years
imprisonment.
(2) If a person is convicted of killing or injuring a corrective
services dog, the court may, in addition to a penalty imposed
under subsection (1), order the person to pay to the chief
executive the reasonable costs of the chief executive for—
(a) veterinary treatment and care of the dog; or
(b) retraining the dog; or
(c) acquiring and training a replacement dog.
[s 131A]
Corrective Services Act 2006
Chapter 3 Breaches of discipline and offences
Page 122 Current as at 16 September 2024
Authorised by the Parliamentary Counsel
131A Wilfully and unlawfully killing or seriously injuring
corrective services dog
(1) A person, or a prisoner, must not wilfully and unlawfully kill
or cause serious injury to a corrective services dog—
(a) that is being used by a corrective services officer in the
performance of the officer’s duties; or
(b) because of, or in retaliation for, its use by a corrective
services officer in the performance of the officer’s
duties.
Maximum penalty—5 years imprisonment.
(2) A person, or a prisoner, must not attempt to commit an
offence against subsection (1).
Maximum penalty—5 years imprisonment.
(3) An offence against subsection (1) or (2) is a crime.
(4) A court that finds a person, or a prisoner, guilty of an offence
against subsection (1) or (2) may, in addition to any penalty
that may be imposed, order the person, or the prisoner, to pay
to the chief executive a reasonable amount for—
(a) the treatment, care, rehabilitation and retraining of the
corrective services dog concerned; or
(b) if it is necessary to replace the corrective services
dog—buying and training the corrective services dog
replacement.
(5) In this section—
serious injury see the Criminal Code, section 242(3).
unlawfully means without authorisation, justification or
excuse by law.
132 Interviewing and photographing prisoner etc.
(1) A person must not—
[s 132A]
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Chapter 3 Breaches of discipline and offences
Current as at 16 September 2024 Page 123
Authorised by the Parliamentary Counsel
(a) interview a prisoner, or obtain a written or recorded
statement from a prisoner, whether the prisoner is inside
or outside a corrective services facility; or
Note—
Prisoner, as defined in schedule 4, includes a prisoner released
on parole.
(b) photograph or attempt to photograph—
(i) a prisoner inside a corrective services facility; or
(ii) a part of a corrective services facility.
Maximum penalty—100 penalty units or 2 years
imprisonment.
(2) A person does not commit an offence against subsection (1) if
the person is—
(a) for subsection (1)(a) or (b)(i)—the prisoner’s lawyer; or
(b) an employee of a law enforcement agency; or
(c) the ombudsman; or
(d) the inspector of detention services; or
(e) a person who has the chief executive’s written approval
to carry out the activity mentioned in the subsection.
(3) In this section—
photograph includes record or create a visual image other
than by photography.
132A Unlawful use of drones around corrective services
facilities
(1) A person (the operator) must not operate, or attempt to
operate, a drone at a corrective services facility or the land on
which the facility is located, without reasonable excuse.
Maximum penalty—100 penalty units or 2 years
imprisonment.
(2) Subsection (1) does not apply if—
[s 132A]
Corrective Services Act 2006
Chapter 3 Breaches of discipline and offences
Page 124 Current as at 16 September 2024
Authorised by the Parliamentary Counsel
(a) the operation of the drone is approved by the chief
executive; or
(b) the operator is an officer of a law enforcement agency or
emergency service and the drone is being used to assist
the officer in carrying out the officer’s functions; or
(c) the operator is acting on behalf of, or under the direction
of, a person mentioned in paragraph (b).
(3) Subsection (1) applies to the operation of a drone regardless
of the location of the operator.
(4) In this section—
at includes above.
drone means a device that is—
(a) capable of flight; and
(b) remotely piloted or able to be programmed to
autonomously fly a particular route; and
(c) not capable of transporting a person.
emergency service includes—
(a) the Queensland Ambulance Service established under
the Ambulance Service Act 1991, section 3A; and
(b) the St John Ambulance Australia Queensland Limited;
and
(c) Queensland Fire and Rescue established under the Fire
Services Act 1990, section 8(1); and
(d) Rural Fire Service Queensland established under the
Fire Services Act 1990, section 8(2); and
(e) the State Emergency Service; and
(f) a rural fire brigade.
officer, of an emergency service that is the State Emergency
Service or a rural fire brigade, includes a member of the State
Emergency Service or rural fire brigade.
[s 133]
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Chapter 3 Breaches of discipline and offences
Current as at 16 September 2024 Page 125
Authorised by the Parliamentary Counsel
rural fire brigade means a rural fire brigade registered under
the Fire Services Act 1990.
State Emergency Service means the State Emergency Service
under the State Emergency Service Act 2024.
133 Interfering with records
(1) A person must not, without the chief executive’s approval—
(a) take, or attempt to take, information from a record kept
under this Act; or
(b) destroy, or attempt to destroy, information in a record
kept under this Act.
Maximum penalty—100 penalty units or 2 years
imprisonment.
(2) A person must not make, or attempt to make, a false entry in a
record kept under this Act.
Maximum penalty—100 penalty units or 2 years
imprisonment.
134 False or misleading information
(1) A person must not give information to an official, including in
a document, that the person knows is false or misleading in a
material particular.
Maximum penalty—
(a) if the person is a prisoner—2 years imprisonment; or
(b) otherwise—100 penalty units or 2 years imprisonment.
(2) Subsection (1) does not apply to a person giving a document,
if the person when giving the document—
(a) informs the official, to the best of the person’s ability,
how it is false or misleading; and
(b) if the person has, or can reasonably obtain, the correct
information—gives the correct information.
[s 135]
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Authorised by the Parliamentary Counsel
(3) It is enough for a complaint against a person for an offence
against subsection (1) to state that the information was,
without specifying which, false or misleading.
(4) In this section—
official means any of the following when performing a
function or exercising a power under this Act—
(a) the chief executive;
(b) a staff member;
(c) a corrective services officer;
(d) the parole board;
(e) an inspector;
(f) an official visitor.
135 Person near prisoner
(1) This section applies if an official with control of a prisoner
reasonably believes a person near the prisoner is acting in a
way that poses a risk to—
(a) the security of the prisoner; or
(b) the security or good order of the place in which the
prisoner is detained.
(2) The official may require the person to leave the vicinity of the
prisoner or place of detention.
(3) When making the requirement, the official must warn the
person that—
(a) it is an offence for the person not to comply with the
requirement, unless the person has a reasonable excuse;
and
(b) the official may take the action mentioned in
subsection (5).
(4) The person must comply with the requirement, unless the
person has a reasonable excuse.
[s 136]
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Chapter 3 Breaches of discipline and offences
Current as at 16 September 2024 Page 127
Authorised by the Parliamentary Counsel
Maximum penalty—40 penalty units or 1 year’s
imprisonment.
(5) If the person fails to comply with the requirement, the official,
using reasonably necessary force, may—
(a) remove the person from the vicinity of the prisoner or
place of detention; or
(b) if the official is not a police officer, detain the person
until the person can be handed over to a police officer.
(6) However, the person must not be detained under
subsection (5)(b) for longer than 4 hours.
(7) In this section—
official means a corrective services officer, police officer or
proper officer of a court.
prisoner includes a prisoner of a court.
136 Temporary detention for security offence
(1) This section applies if a corrective services officer—
(a) finds a person committing a security offence; or
(b) finds a person in circumstances that lead, or has
information that leads, the officer to reasonably suspect
the person has just committed a security offence.
(2) The corrective services officer may, using reasonably
necessary force—
(a) conduct a general search or scanning search of the
person; and
(b) search anything in the person’s possession, including a
motor vehicle.
(3) The corrective services officer may, using reasonably
necessary force, detain the person until the person can be
handed over to a police officer.
(4) However, the person must not be detained under
subsection (3) for longer than 4 hours.
[s 137]
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Chapter 3 Breaches of discipline and offences
Page 128 Current as at 16 September 2024
Authorised by the Parliamentary Counsel
(5) In this section—
security offence means an offence against this part, or another
offence, that poses a risk to—
(a) the security or good order of a corrective services
facility; or
(b) the security of a prisoner or a prisoner of a court.
137 Power to require name and address
(1) This section applies if a corrective services officer—
(a) finds a person committing an offence against this Act; or
(b) finds a person in circumstances that lead, or has
information that leads, the officer to reasonably suspect
the person has just committed an offence against this
Act.
(2) The corrective services officer may require the person to state
the person’s name and address.
(3) When making the requirement, the corrective services officer
must warn the person it is an offence for the person not to
state the person’s name or address, unless the person has a
reasonable excuse.
(4) The corrective services officer may require the person to give
evidence of the correctness of the stated name or address if the
officer reasonably suspects the stated name or address is false.
(5) The person must comply with a requirement under
subsection (2) or (4), unless the person has a reasonable
excuse.
Maximum penalty—40 penalty units or 6 months
imprisonment.
(6) A person does not commit an offence against subsection (5)
if—
(a) the person was required to state the person’s name and
address by a corrective services officer; and
(b) the person is not proved to have committed the offence.
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Part 4 Seizing property
138 Seizing property
(1) A corrective services officer may seize—
(a) anything found in a corrective services facility, whether
or not in a person’s possession, that the officer
reasonably considers poses, or is likely to pose, a risk
to—
(i) the security or good order of the facility; or
(ii) the safety of persons in the facility; or
(b) a prohibited thing found in a corrective services facility,
other than on or in the possession of a prisoner who has
the chief executive’s written approval to possess the
thing; or
(c) a prohibited thing found on or in the possession of a
prisoner who does not have the chief executive’s written
approval to possess the thing.
(2) A corrective services officer must not seize a document to
which legal professional privilege attaches.
(3) Section 140(6) does not apply in relation to a thing seized
under this section if the chief executive refers the matter to the
commissioner under section 114.
139 Receipt for seized property
(1) After a thing is seized from a person under section 46, 47, 48
or 138, a corrective services officer must give the person a
receipt for the thing.
(2) The receipt must—
(a) generally describe the thing seized; and
(b) include any other information required under a
regulation.
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(3) This section does not apply to a thing if it would be
impracticable or unreasonable to expect the corrective
services officer to account for the thing given its condition,
nature and value.
140 Forfeiting seized thing
(1) A thing seized under section 46, 47, 48 or 138 is forfeited to
the State if the chief executive decides to forfeit the thing
because the chief executive—
(a) can not find its owner after making reasonable inquiries,
given the thing’s apparent value; or
(b) is unable, after making reasonable efforts, to return it to
its owner; or
(c) reasonably believes—
(i) possession of the thing by a prisoner is an offence
or a breach of discipline; or
(ii) it is necessary to keep the thing to stop it being
used to commit an offence; or
(iii) the thing is inherently unsafe.
(2) If the chief executive decides to forfeit a thing because of
subsection (1)(c), the chief executive must, by written notice,
tell the owner of the thing of the decision and reasons for the
decision.
(3) Subsection (2) does not apply if the chief executive can not
find the owner of the thing after making reasonable inquiries,
given the thing’s apparent value.
(4) For this section, regard must be had to the thing’s condition,
nature and value in deciding—
(a) whether it is reasonable to make efforts or inquiries; and
(b) if efforts or inquiries are made—what efforts or
inquiries, including the period over which they are
made, are reasonable.
(5) A thing forfeited under this section—
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(a) becomes the State’s property; and
(b) may be dealt with by the chief executive as the chief
executive considers appropriate, including, for example,
by—
(i) keeping the thing and applying it for the benefit of
prisoners generally; or
(ii) donating the thing to a registered charity; or
(iii) destroying it.
(6) However, the chief executive must not deal with the thing,
unless it is perishable, before the later of the following
happens—
(a) 28 days elapses after the notice required under
subsection (2) was given;
(b) if, within the 28 days mentioned in paragraph (a), an
application is made under the Justices Act 1886,
section 39 in relation to the property—the application,
and any appeal against the application, is decided.
Note—
The Justices Act 1886, section 39 deals with the power of a
Magistrates Court to order delivery of certain property.
141 Returning seized thing
(1) If a thing seized under section 46, 47, 48 or 138 is not
forfeited under section 140, the chief executive must return it
to its owner at the end of—
(a) 6 months after it is seized; or
(b) if a proceeding for an offence involving it is started
within the 6 months—the proceeding and any appeal
from the proceeding.
(2) However, if the thing was being retained as evidence of an
offence and the chief executive becomes satisfied its retention
as evidence is no longer necessary, the chief executive must
return it immediately.
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(3) Despite subsection (1), the chief executive may retain a seized
thing if the chief executive reasonably considers its return is
inappropriate.
Example—
a letter written by the prisoner to a victim of the prisoner
142 Power of court in relation to seized thing
(1) To remove any doubt, it is declared that the Justices Act 1886,
section 39 applies, in addition to this part, to a seized thing.
(2) When applying the Justices Act 1886, section 39, the thing is
taken not to have become the property of the State.
Part 5 Use of force
Division 1 Use of reasonable force
143 Authority to use reasonable force
(1) A corrective services officer may use force, other than lethal
force, that is reasonably necessary to—
(a) compel compliance with an order given or applying to a
prisoner; or
Example—
A corrective services officer may use force that is reasonably
necessary to compel a prisoner to submit to a search ordered by
the chief executive under section 36 that applies to the prisoner.
(b) restrain a prisoner who is attempting or preparing to
commit an offence against an Act or a breach of
discipline; or
(c) restrain a prisoner who is committing an offence against
an Act or a breach of discipline; or
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(d) compel any person who has been lawfully ordered to
leave a corrective services facility, and who refuses to do
so, to leave the facility; or
(e) restrain a prisoner who is—
(i) attempting or preparing to self harm; or
(ii) self harming.
(2) The corrective services officer may use the force only if the
officer—
(a) reasonably believes the act or omission permitting the
use of force can not be stopped in another way; and
(b) gives a clear warning of the intention to use force if the
act or omission does not stop; and
(c) gives sufficient time for the warning to be observed; and
(d) attempts to use the force in a way that is unlikely to
cause death or grievous bodily harm.
(3) However, the corrective services officer need not comply with
subsection (2)(b) or (c) if doing so would create a risk of
injury to—
(a) the officer; or
(b) someone other than the person who is committing the
act or omission; or
(c) a prisoner who is—
(i) attempting or preparing to self harm; or
(ii) self harming.
(4) The use of force may involve the use of only the following—
(a) a gas gun;
(b) a chemical agent;
(c) riot control equipment;
(d) a restraining device;
(e) a corrective services dog under the control of a
corrective services officer.
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Division 2 Use of lethal force
144 Training for use of lethal force
The chief executive must ensure that a corrective services
officer authorised to use lethal force has been trained to use
lethal force and other forms of force in a way that causes the
least possible risk of injury to anyone other than the person
against whom lethal force is directed.
145 Issue, handling and storage of weapons
(1) The chief executive may authorise an appropriately trained
corrective services officer to be issued with, carry, use and
store weapons if it is reasonably necessary for the officer to
carry, use and store the weapons to perform functions or
exercise powers under this Act.
(2) The authority may be issued subject to conditions.
146 Use of lethal force
(1) A corrective services officer may use the lethal force that is
reasonably necessary—
(a) to stop a prisoner from escaping or attempting to escape
from secure custody, if the officer reasonably believes
the prisoner is likely to cause grievous bodily harm to,
or the death of, someone other than the prisoner in the
escape or attempted escape; or
(b) to stop a person from helping, or attempting to help, a
prisoner to escape from secure custody, if the officer
reasonably believes the person is likely to cause
grievous bodily harm to, or the death of, someone other
than the person or prisoner while helping or attempting
to help the prisoner escape; or
(c) to stop a prisoner from assaulting or attempting to
assault another person, if the officer reasonably believes
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the prisoner is likely to cause grievous bodily harm to,
or the death of, the other person; or
(d) in an immediate response to a prisoner who has escaped
from secure custody, if the officer reasonably believes
the prisoner is likely to cause grievous bodily harm to,
or the death of, someone other than the prisoner in the
course of the immediate response.
(2) However, lethal force must not be used if there is a
foreseeable risk that the use of lethal force will cause grievous
bodily harm to, or the death of, someone other than the person
against whom the lethal force may otherwise be directed.
(3) The use of lethal force may involve, but is not limited to, the
use of—
(a) weapons, including firearms; or
(b) a corrective services dog under the control of a
corrective services officer.
147 Requirements for use of lethal force
(1) A corrective services officer may use lethal force only if the
officer—
(a) reasonably believes the act or omission permitting the
use of lethal force can not be stopped in another way;
and
(b) gives a clear warning of the intention to use lethal force
if the act or omission does not stop; and
(c) gives sufficient time for the warning to be observed; and
(d) attempts to use the force in a way that causes the least
injury to anyone.
(2) However, the corrective services officer need not comply with
subsection (1)(b), (c) or (d) if doing so would create a risk of
injury to—
(a) the officer; or
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(b) someone other than the person against whom the lethal
force is directed.
148 Reporting use of lethal force
(1) The chief executive must keep a record detailing any incident
in which—
(a) lethal force is used; or
(b) anyone discharges a firearm, other than for training.
(2) The chief executive must immediately advise the Minister of
an incident mentioned in subsection (1).
Chapter 4 Corrective services
facilities
Part 1 Establishing corrective
services facilities
149 Prisons
(1) A regulation may—
(a) declare a place to be a prison; and
(b) assign a name to a prison.
(2) In this section—
place includes premises and part of premises.
150 Prison amenities
When establishing a new prison, the chief executive must
ensure appropriate provision is made in the prison for each of
the following—
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(a) a meeting place for Aboriginal and Torres Strait Islander
prisoners that—
(i) promotes communication; and
(ii) endorses the prisoners’ indigenous cultural
heritage;
(b) for a prison accommodating female
prisoners—accommodation units that allow the
prisoners to care for young children;
(c) areas suitable for children visiting their parents;
(d) facilities for prisoners who are experiencing
psychological crises;
(e) the accommodation and access requirements of older
prisoners and prisoners with disabilities;
(f) videoconferencing technology—
(i) to help prisoners maintain relationships with
family members who would otherwise be required
to travel long distances to the prison; and
(ii) for the appearance of prisoners before courts,
tribunals or the parole board.
151 Other corrective services facilities
(1) The Minister may, by gazette notice—
(a) declare a place to be—
(i) a community corrections centre; or
(ii) a work camp; and
(b) assign a name to—
(i) a community corrections centre; or
(ii) a work camp.
(2) In this section—
place includes the following—
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(a) premises;
(b) part of premises;
(c) a vehicle.
Part 2 Visiting corrective services
facilities
Division 1 General
152 Warnings to visitors
(1) The chief executive must ensure a sign is prominently
displayed at the entrance to a secure facility warning visitors
that lethal force may be used against a visitor if the visitor
helps, or attempts to help, a prisoner to escape.
(2) The chief executive may erect a sign at the entrance to each
corrective services facility warning visitors—
(a) of the things that are prohibited things under this Act;
and
(b) the consequences for a visitor if the visitor brings, or
attempts to bring, a prohibited thing into the facility.
153 Prisoner’s entitlement to visits
(1) A prisoner is only entitled to receive a visit from—
(a) a personal visitor once a week; and
(b) a legal visitor.
(2) The chief executive may allow the prisoner to receive extra
visits, including, for example—
(a) for a prisoner who was the primary care giver of a
child—a visit from the child to maintain the relationship
with the child; or
[s 154]
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(b) a visit from a relevant elder or respected person to
ensure appropriate levels of cultural interaction and
support.
(3) The chief executive may allow a prisoner to visit another
prisoner in another corrective services facility, subject to any
conditions the chief executive reasonably considers
appropriate.
(4) The chief executive may allow more than 1 personal visitor to
visit a prisoner at the same time, if it is within the operational
limits of the corrective services facility.
154 Contact during personal visit
(1) A personal visit must be a non-contact visit, unless the chief
executive approves that the visit be a contact visit.
(2) In deciding whether to give the approval, the chief executive
must consider the following—
(a) the requirements of any court order relating to the
prisoner;
(b) whether the prisoner has previously escaped or
attempted to escape from custody;
(c) whether the prisoner has previously given a positive test
sample;
(d) information about the prisoner or visitor that indicates a
risk to the security or good order of the corrective
services facility.
(3) During a contact visit, a personal visitor must not—
(a) engage in sexual activity with a prisoner; or
(b) behave in a disorderly, indecent, offensive, riotous or
violent manner.
(4) If a personal visitor fails to comply with subsection (3), the
personal visitor may be directed to leave the corrective
services facility.
[s 155]
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Division 2 Procedure for visits
155 Access approval required for particular visitors
(1) Before visiting a corrective services facility for the first time,
a visitor, other than a prescribed person, must apply for
approval to access the facility (access approval).
(2) The application must be made in the approved form to the
chief executive.
(3) In this section—
prescribed person means—
(a) an accredited visitor; or
(b) a casual site visitor as defined under section 165; or
(c) an emergency services officer; or
(d) an employee of the department in which the Child
Protection Act 1999 is administered; or
(e) an officer or employee of a law enforcement agency; or
(f) a staff member.
156 Deciding application for access approval
(1) The chief executive may grant an access approval if satisfied
the visitor seeking the approval does not pose a risk to the
security or good order of the corrective services facility.
Note—
See section 334 for provisions about obtaining a relevant person’s
criminal history.
(2) In deciding whether a visitor poses a risk to the security or
good order of a corrective services facility, the chief executive
must consider each of the following—
(a) whether the visitor has, as an adult, been convicted of
escaping, or attempting to escape, from lawful custody
in Queensland or elsewhere;
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(b) whether the visitor has been convicted of helping, or
attempting to help, a prisoner to escape from lawful
custody in Queensland or elsewhere;
(c) whether the visitor has been convicted of committing, or
attempting to commit, an offence while visiting a
prisoner in lawful custody in Queensland or elsewhere;
(d) whether the visitor has been refused access to, or been
suspended from entering, a corrective services facility.
(3) Subsection (2) does not apply to an Australian legal
practitioner as defined under the Legal Profession Act 2007,
section 6.
(4) Subsection (2) does not limit the matters the chief executive
may consider in deciding whether a visitor poses a risk to the
security or good order of a corrective services facility.
(5) The chief executive may—
(a) impose conditions on an access approval; and
(b) for a legal visitor or religious visitor—grant the visitor
an access approval for all corrective services facilities.
(6) If the chief executive refuses to grant an access approval for a
visitor, the chief executive may order that the visitor is also
refused access to—
(a) another corrective services facility in stated
circumstances; or
Example—
A person may be refused access to any corrective services
facility in which a former accomplice of the person is being
detained.
(b) all corrective services facilities.
(7) Also, if the chief executive refuses to grant an access approval
for a visitor, the chief executive may order that the visitor can
not make a further application for an access approval until the
end of a stated period, of not more than 1 year, after the
refusal.
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(8) In deciding whether to make an order under subsection (7),
the chief executive must consider—
(a) the effect of the proposed order on a child for whom
approval has been given to accompany the visitor to visit
the prisoner; and
(b) whether the child may, unaccompanied by an adult, visit
the prisoner.
(9) A visitor who is refused an access approval may, in writing,
ask the chief executive to reconsider the decision.
(10) The chief executive must reconsider the decision and may
confirm, amend or cancel the decision.
(11) The chief executive must advise the visitor of the reconsidered
decision.
156A Interim access approval for personal visitor
(1) This section applies if—
(a) a personal visitor of a prisoner applies for an access
approval for a corrective services facility under
section 155; and
(b) the chief executive has not decided the application under
section 156.
(2) The chief executive may grant the personal visitor approval to
access the corrective services facility on an interim basis
(interim access approval) until the chief executive has
decided the application under section 156, if the chief
executive is satisfied it is appropriate in the circumstances.
(3) A personal visit under the interim access approval must be a
non-contact visit, unless it is impracticable having regard to
the facilities at the corrective services facility.
(4) The chief executive may impose conditions on the interim
access approval.
(5) The interim access approval has effect until the chief
executive decides the application under section 156.
[s 156B]
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(6) While the interim access approval has effect, it is taken to be
an access approval.
156B Urgent access approval for commercial visitor
(1) This section applies if—
(a) work by a tradesperson or technician (a relevant
commercial visitor) is required to be carried out
urgently at a corrective services facility; and
(b) a relevant commercial visitor who has been granted an
access approval for the corrective services facility is not
available to carry out the work; and
(c) a relevant commercial visitor applies for an access
approval for the corrective services facility under
section 155 for the purpose of carrying out the work.
(2) If the chief executive is satisfied the relevant commercial
visitor mentioned in subsection (1)(c) does not pose an
immediate risk to the security or good order of the corrective
services facility, the chief executive may grant the relevant
commercial visitor approval to access the facility for carrying
out the work (urgent access approval).
(3) In deciding whether the relevant commercial visitor poses an
immediate risk to the security or good order of the corrective
services facility, the chief executive need not consider the
matters mentioned in section 156(2).
(4) The chief executive may impose conditions on the urgent
access approval.
(5) The urgent access approval has effect for only a single visit to
the corrective services facility.
(6) While the urgent access approval has effect, it is taken to be an
access approval.
157 Suspending access approval
(1) The chief executive may suspend a visitor’s access approval
for a corrective services facility if the visitor—
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(a) fails to comply with a lawful and reasonable direction of
the chief executive or a corrective services officer; or
(b) fails to comply with a condition of the approval; or
(c) is charged with an offence; or
(d) engages in threatening behaviour towards a prisoner or
another visitor at the facility.
(1A) Also, the chief executive may suspend a visitor’s access
approval for a corrective services facility if the chief executive
reasonably believes the suspension is necessary to preserve
the security or good order of the corrective services facility.
(2) The suspension may be—
(a) if paragraph (b) does not apply—for a period of up to 1
year; or
(b) if the visitor is charged with an offence allegedly
committed in a corrective services facility—until the
end of the proceedings for the offence.
(3) In deciding whether to suspend the access approval, the chief
executive must consider—
(a) the effect of the proposed suspension on a child for
whom approval has been given to accompany the visitor
to visit the prisoner; and
(b) whether the child may, unaccompanied by an adult, visit
the prisoner.
(4) If the chief executive suspends the access approval for 1 year
under subsection (2)(a), the chief executive must ensure a
written record is made stating the reasons for the decision.
(5) If the chief executive suspends the access approval, the chief
executive may order that, during the suspension period, the
visitor is refused access to—
(a) another corrective services facility in stated
circumstances; or
[s 157A]
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Example—
Because of disorderly behaviour, the wife of a prisoner is
suspended from visiting the corrective services facility where
her husband is, and any corrective services facility to which he is
transferred, during the period of the suspension.
(b) all corrective services facilities.
(6) If the chief executive suspends the access approval, the visitor
may, in writing, ask the chief executive to reconsider the
decision.
(7) The chief executive must reconsider the decision and may
confirm, amend or cancel the decision.
(8) The chief executive must advise the visitor of the reconsidered
decision.
157A Amending or revoking access approval
(1) The chief executive may amend or revoke a visitor’s access
approval for a corrective services facility if the chief executive
is satisfied that, because of a change in the visitor’s
circumstances, the visitor poses a risk to the security or good
order of the corrective services facility.
(2) In deciding whether to amend or revoke the access approval,
the chief executive must consider—
(a) the effect of the proposed amendment or revocation on a
child for whom approval has been given to accompany
the visitor to visit the prisoner; and
(b) whether the child may, unaccompanied by an adult, visit
the prisoner.
(3) If the chief executive revokes the access approval, the chief
executive must ensure a written record is made stating the
reasons for the decision.
(4) If the chief executive amends or revokes the access approval,
the visitor may, in writing, ask the chief executive to
reconsider the decision.
[s 158]
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(5) The chief executive must reconsider the decision and may
confirm or cancel the decision.
(6) The chief executive must advise the visitor of the reconsidered
decision.
(7) In this section—
amend, a visitor’s access approval, means amend a condition
of the access approval or impose a condition on it.
158 Monitoring personal visit
The chief executive may—
(a) make and keep an audiovisual or visual recording of a
personal visit; and
(b) monitor a personal visit.
159 Search of visitor
(1) The chief executive may require an accredited visitor to
submit to a scanning search or an imaging search before
entering a corrective services facility.
(2) The chief executive may require any other visitor to submit to
a general search, scanning search or an imaging search before
entering a corrective services facility.
(3) If a visitor mentioned in subsection (2) does not submit to a
search mentioned in that subsection when required to do so,
the chief executive may revoke—
(a) for a personal visitor—
(i) the visitor’s access approval; or
(ii) the visitor’s approval for the visit to be a contact
visit; or
(b) for another visitor—the visitor’s access approval.
(4) In this section—
visitor does not include a staff member.
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Note—
See section 173 for searching a staff member.
160 Identification of visitor
(1) The chief executive must require each visitor to a corrective
services facility to prove the visitor’s identity in the way
prescribed under a regulation when entering the corrective
services facility.
(2) Without limiting subsection (1), if the visitor is an adult and
the corrective services facility has a biometric identification
system installed, the visitor must submit to the biometric
identification system procedures for the facility.
(3) The visitor must display the visitor’s pass given to the visitor
while in the corrective services facility.
(4) The visitor must sign the visitors book, unless the visitor is a
staff member who works at the corrective services facility.
(5) If the visitor is a child, it is sufficient for subsection (4) if an
adult accompanying the child signs the visitors book for the
child.
161 Visitor may be directed to leave corrective services
facility
(1) This section applies if a visitor fails to comply with—
(a) a requirement given under section 159(1) or (2) or
160(1); or
(b) section 160(2), (3) or (4), or 163(2).
(2) The visitor may be directed to leave the corrective services
facility.
(3) If the visitor fails to leave the corrective services facility, a
corrective services officer may, using reasonably necessary
force, remove the visitor from the facility.
(4) Subsection (3) applies whether or not the visitor is charged
with an offence against section 163(2).
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162 Proof of identity
(1) The chief executive may keep a visitor’s biometric
information given to a corrective services facility as proof of
the visitor’s identity, and any data about the visitor’s biometric
information stored in a biometric identification system.
(2) The chief executive must destroy the visitor’s biometric
information, and any data about the biometric information
stored in a biometric identification system, if the chief
executive is satisfied it is no longer required.
163 Direction to visitor
(1) A corrective services officer may give a visitor a direction the
officer reasonably considers necessary for the security or good
order of the corrective services facility or a person’s safety.
(2) The visitor must comply with the direction, unless the visitor
has a reasonable excuse.
Maximum penalty for subsection (2)—40 penalty units.
Division 3 Further provisions about particular
visitors
164 Accredited or government visitor
(1) An accredited visitor or government visitor may visit a
prisoner, or access any part of a corrective services facility, for
performing the functions or exercising the powers of the
visitor’s office or position.
(2) In this section—
government visitor means a person, other than a staff
member, who is an employee of a department.
[s 165]
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165 Casual site visitor
(1) A casual site visitor may only access the following external
areas of a corrective services facility—
(a) visitors’ carparks;
(b) roadways;
(c) waiting areas.
(2) In this section—
casual site visitor includes the following—
(a) a bus or taxi driver;
(b) a person transporting a visitor or staff member to or
from a corrective services facility;
(c) a person collecting a discharged or released prisoner, or
a prisoner’s property, from a corrective services facility.
166 Children
(1) A child, whether accompanied or unaccompanied by an adult,
may visit a prisoner if the chief executive considers it is in the
child’s best interests, even if the child was the complainant in
the offence leading to the prisoner’s imprisonment.
(2) The child need not be related to the prisoner but must be a
personal visitor of the prisoner.
(3) In deciding whether it is in the best interests of a child in care
to visit a prisoner, the chief executive must consult with the
child protection chief executive.
167 Law enforcement visitor
(1) This section applies if an employee or officer of a law
enforcement agency (the law enforcement visitor) wants to
visit a prisoner.
(2) The prisoner may—
(a) refuse to see the law enforcement visitor; or
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(b) agree to see the law enforcement visitor, but refuse to
answer any of the law enforcement visitor’s questions.
(3) The law enforcement visitor must be allowed to interview the
prisoner out of the hearing, but not out of the sight, of a
corrective services officer.
168 Personal visitor
A personal visitor must arrange the time and length of the visit
with the chief executive.
169 Professional visitor
(1) A professional visitor may only—
(a) visit the prisoner the subject of the professional visitor’s
access approval; or
(b) access the part of the corrective services facility allowed
under the professional visitor’s access approval.
(2) The visit or access must be carried out during the time
approved by the chief executive.
(3) A prisoner’s legal visitor must be allowed to interview the
prisoner out of the hearing, but not out of the sight, of a
corrective services officer.
(4) In this section—
professional visitor means a person who provides a
professional service to a prisoner.
Examples—
• a legal visitor
• a health practitioner
• a teacher or tutor
• a program facilitator
• a religious visitor
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170 Commercial visitor
(1) A commercial visitor to a corrective services facility may only
access the part of the facility allowed under the commercial
visitor’s access approval.
(2) The access must be carried out on the day and during the time
approved by the chief executive.
(3) In this section—
commercial visitor means a person who visits a corrective
services facility for the purpose of engaging in trade or
commerce.
Examples—
• a sales representative
•a tradesperson
171 Other visitors
(1) A visitor to a corrective services facility who is not mentioned
in sections 164 to 170 may only—
(a) visit the prisoner the subject of the visitor’s access
approval; or
(b) access the part of the facility allowed under the visitor’s
access approval.
Examples of a visitor not mentioned in sections 164 to 170—
• a volunteer
• a research student
• a representative of a corrective services agency of another
jurisdiction
(2) The visit or access must be carried out on the day and during
the time approved by the chief executive.
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Part 3 Staff members
172 Staff member interacting with prisoner, etc.
A staff member at a corrective services facility may, to the
extent necessary for carrying out the staff member’s duties—
(a) interact with any prisoner at the facility; and
(b) access any part of the facility.
173 Search of staff member
(1) The chief executive may require a staff member at a corrective
services facility to submit to a general search, scanning search
or an imaging search—
(a) at any time the staff member is at the facility; or
(b) before entering the facility.
(2) If the staff member does not submit to a search mentioned in
subsection (1) when required to do so, the chief executive may
direct the person to leave the corrective services facility.
Part 4 Searching corrective services
facilities and vehicles
174 Power to search corrective services facility
(1) The chief executive may conduct a search of a corrective
services facility other than prisoner facilities.
Note—
See section 33 for power to search a prisoner’s room.
(2) The chief executive may direct a corrective services officer to
be present during the search.
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175 Power to search vehicle
The chief executive may conduct a search of a vehicle,
including, for example, a delivery vehicle, before it enters or
leaves a corrective services facility.
Part 5 Powers and limitations for
searches
175A Conducting searches
(1) In conducting a general search, scanning search or an imaging
search of a person, a corrective services officer must—
(a) ensure, as far as reasonably practicable, the way the
person is searched causes minimal embarrassment to the
person; and
(b) take reasonable care to minimise any physical contact
with the person.
(2) However—
(a) in conducting a general search of a person, a corrective
services officer may require the person to—
(i) open the person’s hands or mouth for visual
inspection; or
(ii) shake the person’s hair vigorously; and
(b) in conducting a general search of a thing in the
possession of a person, a corrective services officer may
touch or move the thing without touching the person;
and
(c) in conducting a scanning search of a person, a corrective
services officer may use an apparatus for touching or
coming into contact with the person; and
(d) in conducting an imaging search of a person, a
corrective services officer may, to the extent necessary
to effectively conduct the search—
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(i) require the person to remove the person’s outer
garments; or
(ii) require that another person or an apparatus come
into contact with the person; or
(iii) require the person to hold a position temporarily or
to move as directed by the officer.
Examples—
• requiring a person to stand on a particular spot while
holding out the person’s arms
• requiring a person to walk slowly through an
apparatus
(3) In conducting a scanning search of a person, a corrective
services officer must use only an apparatus, for touching or
coming into contact with a person who is submitting to the
search, prescribed by regulation for this subsection.
(4) In conducting an imaging search of a person, a corrective
services officer must use only an apparatus or device
prescribed by regulation for this subsection.
(5) A regulation may prescribe—
(a) additional limitations on the use of particular apparatus
or devices in conducting imaging searches; and
Example—
A regulation may prescribe the maximum number of times a
person may be searched using a particular device in a stated
period.
(b) other requirements and procedures relating to imaging
searches, including, for example, the use, storage and
destruction of images produced by an imaging search.
[s 175B]
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Chapter 5 Parole
Part 1AA Preliminary
175B Definitions for chapter
In this chapter—
commissioner’s report, about a no body-no parole prisoner,
means a written report prepared by the commissioner
containing—
(a) a statement whether the prisoner has given any
cooperation in relation to the homicide offence for
which the prisoner is serving a sentence of
imprisonment; and
(b) if the prisoner has given any cooperation—an evaluation
of—
(i) the nature, extent and timeliness of the prisoner’s
cooperation; and
(ii) the truthfulness, completeness and reliability of
any information or evidence provided by the
prisoner in relation to the victim’s location; and
(iii) the significance and usefulness of the prisoner’s
cooperation.
cooperation, in relation to a homicide offence for which a no
body-no parole prisoner is serving a sentence of
imprisonment, means the cooperation given by the prisoner—
(a) in the investigation of the homicide offence to identify
the victim’s location; and
(b) before or after the prisoner was sentenced to
imprisonment for the offence.
no body-no parole prisoner see section 175C.
no cooperation declaration see section 175L.
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reconsideration application see section 175R(2).
restricted prisoner see section 175D.
restricted prisoner declaration see section 175E.
restricted prisoner report, for a restricted prisoner, means a
report prepared by the chief executive about the prisoner
under section 175F.
victim’s location means—
(a) the location, or the last known location, of every part of
the body or remains of the victim of the offence; and
(b) the place where every part of the body or remains of the
victim of the offence may be found.
175C Meaning of no body-no parole prisoner
A prisoner is a no body-no parole prisoner if—
(a) the prisoner is serving a period of imprisonment for a
homicide offence; and
(b) either—
(i) the body or remains of the victim of the offence
have not been located; or
(ii) because of an act or omission of the prisoner or
another person, part of the body or remains of the
victim has not been located.
175D Meaning of restricted prisoner
A prisoner is a restricted prisoner if the prisoner has been
sentenced to life imprisonment for—
(a) a conviction of murder and the person killed was a child;
or
(b) more than 1 conviction of murder; or
(c) 1 conviction of murder and another offence of murder
was taken into account; or
[s 175E]
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(d) a conviction of murder and the person has on a previous
occasion been sentenced for another offence of murder.
Part 1AB Parole declarations
Division 1 Restricted prisoner declarations
175E Making restricted prisoner declaration
The president may make a declaration under this division (a
restricted prisoner declaration) about a restricted prisoner.
175F Restricted prisoner report
(1) The chief executive may, at any time during a restricted
prisoner’s period of imprisonment, give the president a
restricted prisoner report about the prisoner that includes
information the chief executive considers is relevant to any of
the matters mentioned in section 175H(2).
(2) If the chief executive is given a notice under
section 193AA(2), the chief executive must give the president
a restricted prisoner report about the prisoner within 28 days
after being given the notice.
175G If restricted prisoner report given to president
(1) This section applies if the chief executive, under section 175F,
gives the president a restricted prisoner report.
(2) The president must—
(a) if a restricted prisoner declaration (the current
declaration) is in force for the prisoner—decide
whether to make a declaration (a new declaration) about
the prisoner to take effect on the day immediately after
the day the current declaration ends; or
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(b) if there is no restricted prisoner declaration in force for
the prisoner—decide whether to make a restricted
prisoner declaration about the prisoner.
(3) As soon as practicable after being given the restricted prisoner
report, the president must give the restricted prisoner a written
notice stating that—
(a) the president has received the report about the prisoner;
and
(b) the president must decide—
(i) if a current declaration is in force for the
prisoner—whether to make a new declaration; or
(ii) if there is no current declaration in force for the
prisoner—whether to make a restricted prisoner
declaration about the prisoner; and
(c) if a restricted prisoner declaration is made about the
prisoner, the prisoner may not apply for parole under
section 180 during the period stated in the declaration;
and
(d) the prisoner may, within 21 days after the notice is given
(the stated period)—
(i) give the president a written submission about the
making of the declaration; and
(ii) ask the president to consider any material the
prisoner considers relevant to the submission.
(4) The president may extend the stated period if the president
considers it reasonable in the circumstances.
175H Deciding to make restricted prisoner declaration
(1) The president may make a restricted prisoner declaration
about a restricted prisoner if the president is satisfied it is in
the public interest to do so.
(2) In considering the public interest the president must have
regard to the following matters—
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(a) the nature, seriousness and circumstances of the offence,
or each offence, for which the prisoner was sentenced to
life imprisonment;
(b) any risk the prisoner may pose to the public if the
prisoner is granted parole;
(c) the likely effect that the prisoner’s release on parole may
have on an eligible person or a victim.
(3) Also, in deciding whether to make a restricted prisoner
declaration the president must have regard to the following
information—
(a) the restricted prisoner report about the prisoner;
(b) if an eligible person has, under section 188, at any time
made a submission in relation to a parole application
made by the prisoner—the submission;
(c) any relevant remarks made by a court in a proceeding
against the prisoner for the offence for which the
prisoner was sentenced to a term of life imprisonment;
(d) if the prisoner made a submission under
section 175G(3)(d)—the submission.
(4) Without limiting subsections (2) and (3), the president may
have regard to any other matter or information the president
considers relevant to the public interest.
(5) If the president considers it reasonable in the circumstances,
the president may—
(a) defer deciding whether to make the restricted prisoner
declaration; and
(b) ask any person for further information or documents the
president reasonably requires to decide whether to make
the declaration.
(6) The president must decide whether to make the restricted
prisoner declaration within the following period—
(a) if the president has deferred making the decision under
subsection (5)—150 days after receiving the restricted
prisoner report;
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(b) otherwise—120 days after receiving the restricted
prisoner report.
(7) A failure to make a decision within the period mentioned in
subsection (6) does not affect the validity of the president’s
decision.
(8) In this section—
victim see the Victims of Crime Assistance Act 2009,
section 5.
175I If restricted prisoner declaration made
(1) If the president makes a restricted prisoner declaration, the
declaration must state—
(a) the reasons for the decision; and
(b) the day the declaration takes effect; and
(c) the day the declaration ends; and
(d) that the restricted prisoner may not apply for parole
under section 180 while the declaration is in force; and
(e) if the prisoner’s application for parole was deferred
under section 193AA(2)—that the application for parole
is refused.
(2) The day the declaration takes effect must not be—
(a) if a restricted prisoner declaration is in force for the
prisoner—a day before the current declaration ends; or
(b) otherwise—a day before the day the declaration is
made.
(3) The day the declaration ends must not be later than 10 years
after the day the declaration takes effect.
(4) In deciding the term of the declaration the president must—
(a) be satisfied the term is in the public interest; and
(b) have regard to the matters mentioned in
section 175H(2).
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(5) The president must give a copy of the declaration to—
(a) the prisoner; and
(b) the chief executive; and
(c) the parole board.
(6) In this section—
current declaration see section 175G(2).
175J If restricted prisoner declaration not made
(1) This section applies if the president decides not to make a
restricted prisoner declaration about a restricted prisoner.
(2) As soon as practicable after making the decision the president
must give written notice of the decision to—
(a) the prisoner; and
(b) the chief executive; and
(c) the parole board.
(3) If the prisoner’s application for parole was deferred under
section 193AA(2), the notice given to the prisoner must state
that the application is referred to the parole board for hearing
and deciding under part 1, division 2.
(4) Nothing in this section limits the president from considering
whether to make a declaration about the prisoner if the
president receives another restricted prisoner report under
section 175F.
Division 2 No cooperation declarations
175K Application of division
This division applies if—
(a) a no body-no parole prisoner applies for a parole order
under section 176 or 180; or
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(b) the parole board decides to consider whether a no
body-no parole prisoner has given satisfactory
cooperation.
175L Parole board may make no cooperation declaration
If the parole board is not satisfied a no body-no parole
prisoner has given satisfactory cooperation, the parole board
must make a declaration under this division (a no cooperation
declaration) about the prisoner.
Note—
See sections 176B, 180(2)(d) and 193A(2).
175M Parole board may request commissioner’s report
(1) This section applies if—
(a) a no body-no parole prisoner’s application for a parole
order is deferred under section 193A; or
(b) the parole board is given a notice under section 175S(4)
or 175T(3); or
(c) at anytime after a no body-no parole prisoner begins to
serve the prisoner’s period of imprisonment, the parole
board decides to consider if the prisoner has given
satisfactory cooperation.
(2) Subject to subsection (3), the parole board must, by written
notice, ask the commissioner for a commissioner’s report
about the prisoner.
(3) If an appeal has been made to a court against the conviction or
sentence to which the period of imprisonment relates, the
parole board must not ask for a commissioner’s report until
the appeal is decided.
(4) The written notice must state the day the parole board
proposes to consider if the prisoner has given satisfactory
cooperation (the proposed hearing day).
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(5) The commissioner must comply with the request by giving the
parole board the commissioner’s report at least 28 days before
the proposed hearing day.
(6) The parole board must give the chief executive a copy of the
notice given to the commissioner.
175N Parole board must notify no body-no parole prisoner
(1) This section applies if the parole board is given a
commissioner’s report under section 175M.
(2) The parole board must give the no body-no parole prisoner a
written notice stating that—
(a) the board has received a commissioner’s report about
the prisoner; and
(b) the board must consider whether to make a no
cooperation declaration about the prisoner; and
(c) if a no cooperation declaration is made about the
prisoner—the prisoner may not apply for parole during
the period the declaration continues in force; and
(d) the prisoner may, within 21 days after the notice is given
(the stated period)—
(i) give the board a written submission about the
making of the declaration; and
(ii) ask the board to consider any material the prisoner
considers relevant to the submission.
(3) The parole board may extend the stated period if the board
considers it reasonable in the circumstances.
175O Deciding if satisfactory cooperation
(1) In deciding whether a no body-no parole prisoner has given
satisfactory cooperation, the parole board—
(a) must have regard to—
(i) the commissioner’s report about the prisoner; and
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(ii) any information the board has about the prisoner’s
capacity to give satisfactory cooperation; and
(iii) any relevant remarks made by the court that
sentenced the prisoner to the term of imprisonment
the prisoner is serving for the homicide offence;
and
(iv) if the prisoner asks the board to consider a
transcript of a proceeding against the prisoner for
the homicide offence—the transcript; and
(b) may have regard to other information the board
considers relevant.
(2) In this section—
transcript, of a proceeding, means a transcription of a record
under the Recording of Evidence Act 1962 of the proceeding.
175P If prisoner does not give satisfactory cooperation
(1) This section applies if the parole board makes a no
cooperation declaration about a no body-no parole prisoner.
(2) The no cooperation declaration must state—
(a) the reasons the board is not satisfied the prisoner has
given satisfactory cooperation; and
(b) the day of the board’s decision; and
(c) that the prisoner may not apply for parole under
section 176 or 180 unless the prisoner is given a notice
under section 175Q; and
(d) that the prisoner may, at any time, make a
reconsideration application.
(3) The parole board must, as soon a practicable after making the
no cooperation declaration, give a copy of the declaration to—
(a) the prisoner; and
(b) the chief executive.
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(4) If the prisoner stops being a no body-no parole prisoner, the
no cooperation declaration ends.
175Q If prisoner gives satisfactory cooperation
If the parole board is satisfied a no body-no parole prisoner
has given satisfactory cooperation, the parole board must give
the prisoner and the chief executive a written notice, stating—
(a) that the board is satisfied the prisoner has given the
cooperation; and
(b) the date of the decision; and
(c) if a no cooperation declaration is in force for the
prisoner—that the declaration is ended; and
(d) that the prisoner may apply for parole under—
(i) section 176; or
(ii) if eligible—section 180.
175R Prisoner may make reconsideration application
(1) This section applies if the parole board makes a no
cooperation declaration about a no body-no parole prisoner.
(2) At any time after the prisoner is given a copy of the no
cooperation declaration made under section 175P, the
prisoner may apply to the president or a deputy president (a
reconsideration application) asking the president or deputy
president to call a meeting of the parole board to reconsider
the board’s decision to make the no cooperation declaration.
(3) The reconsideration application must be in the approved form.
(4) The application may state—
(a) whether the prisoner has given the police additional
information; or
(b) whether there has been a material change in the
prisoner’s capacity to cooperate satisfactorily; or
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(c) the reasons the prisoner considers it is appropriate to
grant the application.
(5) In this section—
additional information, in relation to a no body-no parole
prisoner, means information the prisoner has not previously
given to the police in relation to the investigation of the
homicide offence to identify the victim’s location.
175S Deciding reconsideration application
(1) This section applies if a no body-no parole prisoner makes a
reconsideration application.
(2) The president or deputy president must decide the application
by granting or refusing it.
(3) The president or deputy president may only grant the
application if, after considering the application, the president
or deputy president is satisfied—
(a) the prisoner has given the police information that the
parole board may consider to be additional information;
or
(b) there has been a change in the investigation of the
homicide offence to identify the victim’s location to
justify the parole board’s reconsideration; or
Example—
The president or deputy president is aware that another prisoner
has provided information to identify the victim’s location.
(c) there has been a material change in the prisoner’s
capacity to cooperate; or
(d) for another reason, it would be appropriate in the
interests of justice for the board to reconsider the
prisoner’s cooperation.
(4) If the president or deputy president grants the reconsideration
application, the president or deputy president must give a
written notice to—
(a) the prisoner; and
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(b) the parole board; and
(c) the chief executive.
(5) The notice given under subsection (4) to the prisoner must
state that the parole board will reconsider the no cooperation
declaration made about the prisoner.
(6) If the president or deputy president refuses to grant the
application, the president or deputy president must give the
prisoner a written notice stating the prisoner’s reconsideration
application is refused.
(7) In this section—
additional information see section 175R(5).
175T Discretion to call meeting to reconsider
(1) The president or deputy president may, at any time after a no
cooperation declaration is made about a prisoner, call a
meeting of the parole board to reconsider the making of the
declaration.
(2) Without limiting subsection (1), in deciding whether to call
the meeting, the president or deputy president may have
regard to any of the matters mentioned in section 175S(3).
(3) If the president or deputy president decides to call the
meeting, the president or deputy president must give a written
notice to—
(a) the prisoner; and
(b) the parole board; and
(c) the chief executive.
(4) The notice given under subsection (3) to the prisoner must
state that the parole board will reconsider the no cooperation
declaration made about the prisoner.
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175U If reconsideration application granted or meeting called
(1) As soon as practicable after receiving a notice under
section 175S(4) or 175T(3), the board must meet and
reconsider whether the prisoner has given satisfactory
cooperation.
(2) If the parole board decides the prisoner has given satisfactory
cooperation, the board must give the prisoner a notice
stating—
(a) that the no cooperation declaration in force for the
prisoner is ended; and
(b) the prisoner may, subject to sections 176 and 180, apply
for a parole order.
(3) If the parole board decides the prisoner has not given
satisfactory cooperation, the board must give the prisoner a
notice stating that the no cooperation declaration continues in
force for the prisoner.
Part 1 Parole orders
Division 1 Application for parole order
Subdivision 1 Exceptional circumstances parole
order
176 Applying for an exceptional circumstances parole order
(1) Subject to sections 176B and 176C, a prisoner may apply for
an exceptional circumstances parole order at any time.
(2) The application must be made—
(a) in the approved form; and
(b) to the parole board.
[s 176A]
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176A Deciding applications made by restricted prisoner
(1) This section applies if a restricted prisoner applies for an
exceptional circumstances parole order and a restricted
prisoner declaration is in force for the prisoner.
(2) The parole board must refuse to make the parole order unless
the board is satisfied—
(a) the prisoner, as a result of a diagnosed disease, illness or
medical condition—
(i) is in imminent danger of dying and is not
physically able to cause harm to another person; or
(ii) is incapacitated to the extent the prisoner is not
physically able to cause harm to another person;
and
(b) the prisoner has demonstrated that the prisoner does not
pose an unacceptable risk to the public; and
(c) that the making of the parole order is justified in the
circumstances.
(3) If the parole board grants the prisoner parole, the board must
give the chief executive written notice of the board’s decision
as soon as practicable after the decision is made.
176B Applications made by no body-no parole prisoner
A no body-no parole prisoner may not apply for exceptional
circumstances parole if a no cooperation declaration is in
force for the prisoner.
176C Applications made by prisoners on remand
A prisoner who is detained on remand for an offence may not
apply for exceptional circumstances parole.
[s 178]
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Subdivision 2 Other parole order
178 Definitions for sdiv 2
In this subdivision—
parole order means a parole order other than—
(a) an exceptional circumstances parole order; and
(b) a court ordered parole order.
prescribed offence see the Penalties and Sentences Act 1992,
section 161N.
relevant further period, in relation to a prisoner serving a
term of imprisonment imposed under the Penalties and
Sentences Act 1992, section 161R(2), means the period of the
mandatory component of the sentence imposed on the
prisoner under that section.
179 Application of sdiv 2
(1) This subdivision applies to the following prisoners—
(a) a prisoner who has been sentenced before the
commencement of this section (the commencement)—
(i) for an offence committed before 1 July 2001—to a
period of imprisonment of any length; or
(ii) for an offence committed on or after 1 July
2001—to a period of imprisonment of more than 2
years;
(b) a prisoner who has been sentenced after the
commencement for an offence, whenever committed—
(i) to a period of imprisonment of more than 3 years;
or
(ii) to a period of imprisonment of not more than 3
years, if the period includes a term of
imprisonment for a serious violent offence or a
sexual offence;
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(c) a prisoner the subject of a court ordered parole order
that has been cancelled under this Act.
(2) This subdivision does not apply to—
(a) a prisoner—
(i) being detained on remand for an offence; or
(ii) imprisoned for an indefinite period for contempt;
or
(iii) subject to an indefinite sentence under the
Penalties and Sentences Act 1992, part 10; or
(b) a prisoner who has not reached the prisoner’s parole
eligibility date; or
(c) a prisoner who is detained in custody under an order
under the Dangerous Prisoners (Sexual Offenders) Act
2003.
180 Applying for parole order etc.
(1) A prisoner may apply for a parole order if the prisoner has
reached the prisoner’s parole eligibility date in relation to the
prisoner’s period of imprisonment.
(2) However, a prisoner can not apply for a parole order—
(a) if a previous application for a parole order made in
relation to the period of imprisonment was refused—
(i) until the end of the period decided under
section 193(6)(b); or
(ii) unless the parole board consents; or
(b) if an appeal has been made to a court against the
conviction or sentence to which the period of
imprisonment relates—until the appeal is decided; or
(c) if the prisoner is a restricted prisoner and a restricted
prisoner declaration is in force for the prisoner; or
(d) if the prisoner is a no body-no parole prisoner and a no
cooperation declaration is in force for the prisoner; or
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(e) otherwise—more than 180 days before the prisoner’s
parole eligibility date.
(3) The application must be made—
(a) in the approved form; and
(b) to the parole board.
181 Parole eligibility date for prisoner serving term of
imprisonment for life
(1) This section applies to a prisoner who is serving a term of
imprisonment for life.
(2) The prisoner’s parole eligibility date is the day after the day
on which the prisoner has served the following period of
time—
(a) if the Criminal Code, section 305(2) applied on
sentence—30 years or the longer time ordered under
that section;
(b) if the Criminal Code, section 305(4) applied on
sentence—25 years or the longer time ordered under
that section;
(c) if the prisoner is serving a term of imprisonment for life
for an offence of murder and paragraphs (a) and (b) do
not apply—20 years;
(d) otherwise—15 years.
(2A) However, if the term of imprisonment for life was imposed as
the base component of a sentence under the Penalties and
Sentences Act 1992, section 161R(2), the prisoner’s parole
eligibility date is the day that is worked out by adding 7 years
to the parole eligibility date that would otherwise apply to the
prisoner under subsection (2).
(2B) Also, if a prisoner who is serving a term of imprisonment for
life is sentenced under the Penalties and Sentences Act 1992,
section 161R(2) for a prescribed offence, the prisoner’s parole
eligibility date is the day that is worked out by adding, to the
parole eligibility date that would otherwise apply to the
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prisoner under subsection (2) or (2A), the lesser of the
following periods—
(a) 7 years;
(b) the period of imprisonment provided for under the
maximum penalty for the prescribed offence.
(3) Despite subsections (2), (2A) and (2B), if a later parole
eligibility date is fixed for the period of imprisonment under
the Penalties and Sentences Act 1992, part 9, division 3, the
prisoner’s parole eligibility date is the later date fixed under
that division.
181A Parole eligibility date for prisoner serving term of
imprisonment for life for a repeat serious child sex
offence
(1) This section applies to a prisoner who is serving a term of
imprisonment for life under the Penalties and Sentences Act
1992, section 161E for a repeat serious child sex offence.
(2) The prisoner’s parole eligibility date is the day after the day
on which the prisoner has served 20 years and not 15 years as
prescribed under section 181.
(3) However, if the term of imprisonment for life under the
Penalties and Sentences Act 1992, section 161E was imposed
as the base component of a sentence under section 161R(2) of
that Act, the prisoner’s parole eligibility date is the day that is
worked out by adding 7 years to the parole eligibility date that
would otherwise apply to the prisoner under subsection (2).
(4) Also, if a prisoner who is serving a term of imprisonment for
life under the Penalties and Sentences Act 1992, section 161E
is sentenced under section 161R(2) of that Act for a
prescribed offence, the prisoner’s parole eligibility date is the
day that is worked out by adding, to the parole eligibility date
that would otherwise apply to the prisoner under
subsection (2) or (3), the lesser of the following periods—
(a) 7 years;
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(b) the period of imprisonment provided for under the
maximum penalty for the prescribed offence.
182 Parole eligibility date for serious violent offender
(1) This section applies to a prisoner who is serving a term of
imprisonment for a serious violent offence.
(2) The prisoner’s parole eligibility date is the day after the day
on which the prisoner has served the lesser of—
(a) 80% of the prisoner’s term of imprisonment for the
serious violent offence; or
(b) 15 years.
(2A) However, if the term of imprisonment for the serious violent
offence was imposed under the Penalties and Sentences Act
1992, section 161R(2), the prisoner’s parole eligibility date is
the day that is worked out by adding the relevant further
period to the notional parole eligibility date fixed for the
prisoner under subsection (2B).
(2B) The notional parole eligibility date is the day that would apply
under subsection (2) if the term of imprisonment imposed on
the prisoner under the Penalties and Sentences Act 1992,
section 161R(2) consisted only of the base component of the
sentence imposed under that section.
(3) Despite subsections (2) and (2A), if a later parole eligibility
date is fixed for the period of imprisonment under the
Penalties and Sentences Act 1992, part 9, division 3, the
prisoner’s parole eligibility date is the later date fixed under
that division.
(4) This section is subject to section 185.
182A Parole eligibility date for prisoner serving term of
imprisonment for other particular serious offences
(1) This section applies to a prisoner who—
(a) is serving a term of imprisonment for a drug trafficking
offence; and
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(b) was sentenced for the offence under the Drugs Misuse
Act 1986, section 5(2) as in force before the
commencement of the Serious and Organised Crime
Legislation Amendment Act 2016, section 164.
(2) Also, this section applies to a prisoner who is serving a term
of imprisonment, other than a term of imprisonment for life,
for an offence against the Criminal Code, section 314A.
(3) The prisoner’s parole eligibility date is the day after the day
on which the prisoner has served—
(a) if the prisoner is serving a term of imprisonment for a
drug trafficking offence—80% of the term; or
(b) if the prisoner is serving a term of imprisonment for an
offence against the Criminal Code, section 314A—the
lesser of the following—
(i) 80% of the term;
(ii) 15 years.
(3A) However, if the term of imprisonment for the offence against
the Criminal Code, section 314A was imposed under the
Penalties and Sentences Act 1992, section 161R(2), the
prisoner’s parole eligibility date is the day that is worked out
by adding the relevant further period to the notional parole
eligibility date fixed for the prisoner under subsection (3B).
(3B) The notional parole eligibility date is the day that would apply
under subsection (3) if the term of imprisonment imposed on
the prisoner under the Penalties and Sentences Act 1992,
section 161R(2) consisted only of the base component of the
sentence imposed under that section.
(4) Despite subsections (3) and (3A), if a later parole eligibility
date is fixed for the period of imprisonment under the
Penalties and Sentences Act 1992, part 9, division 3, the
prisoner’s parole eligibility date is the later date fixed under
that division.
(5) This section is subject to section 185.
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183 Parole eligibility date for prisoner detained for a period
directed by a judge under Criminal Law Amendment Act
1945, pt 3
(1) This section applies to a prisoner who is being detained, for an
offence, in an institution for a period as directed by a judge
under the Criminal Law Amendment Act 1945, part 3.
(2) The prisoner’s parole eligibility date is the day after the day
on which the prisoner has been detained for half the fixed
period.
(2A) However, subsection (2B) applies if—
(a) the offence for which the prisoner is being detained is a
prescribed offence committed with the circumstance of
aggravation stated in the Penalties and Sentences Act
1992, section 161Q; and
(b) the prisoner has been sentenced for the offence under
section 161R(2) of that Act.
(2B) The prisoner’s parole eligibility date is the day that is worked
out by adding the relevant further period to the parole
eligibility date that would otherwise apply to the prisoner
under subsection (2).
(3) Despite subsections (2) and (2B), if a later parole eligibility
date is fixed for the prisoner under the Penalties and
Sentences Act 1992, part 9, division 3, the prisoner’s parole
eligibility date is the later date fixed under that division.
(4) This section is subject to section 185.
184 Parole eligibility date for other prisoners
(1) This section applies to a prisoner who—
(a) has been sentenced for an offence—
(i) before the commencement—to a period of
imprisonment of more than 2 years or, if the
offence was committed before 1 July 2001, to a
period of imprisonment of any length; or
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(ii) after the commencement—to a period of
imprisonment of more than 3 years (excluding the
mandatory component of any sentence of
imprisonment imposed on the prisoner under the
Penalties and Sentences Act 1992,
section 161R(2)); or
(b) is serving a period of imprisonment of not more than 3
years for an offence (excluding the mandatory
component of any sentence of imprisonment imposed on
the prisoner under the Penalties and Sentences Act 1992,
section 161R(2)), if the period includes a term of
imprisonment for a sexual offence; or
(c) is serving a period of imprisonment ordered to be served
under the Penalties and Sentences Act 1992,
section 147(1)(b) or (c); or
(d) was the subject of a court ordered parole order that has
been cancelled under this Act.
(2) The prisoner’s parole eligibility date is the day after the day
on which the prisoner has served half the period of
imprisonment to which the prisoner has been sentenced,
despite any grant of remission.
(3) However—
(a) if an earlier or later parole eligibility date is fixed for the
prisoner under the Penalties and Sentences Act 1992,
part 9, division 3, the prisoner’s parole eligibility date is
the date fixed under that division; or
(b) if paragraph (a) does not apply and the prisoner is a
prisoner mentioned in subsection (1)(d), the prisoner’s
parole eligibility date is the date that was fixed for the
prisoner’s release under that parole order.
(3A) Despite subsections (2) and (3)(a), if the prisoner has been
sentenced for the offence under the Penalties and Sentences
Act 1992, section 161R(2), the prisoner’s parole eligibility
date is the day that is worked out by adding the relevant
further period to the notional parole eligibility date fixed for
the prisoner under subsection (3B).
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(3B) The notional parole eligibility date is the day that would apply
under subsection (2) or (3)(a) if the term of imprisonment
imposed on the prisoner under the Penalties and Sentences
Act 1992, section 161R(2) consisted only of the base
component of the sentence imposed under that section.
(4) This section is subject to section 185.
(5) In this section—
commencement means the commencement of this section.
offence, in relation to a prisoner, does not include the
following offences—
(a) an offence for which the prisoner has been sentenced to
life imprisonment;
(b) a serious violent offence;
(c) an offence for which the prisoner is being detained in an
institution for a period fixed by a judge under the
Criminal Law Amendment Act 1945, part 3;
(d) an offence to which section 182A applies.
185 Parole eligibility date for prisoner serving terms of
imprisonment in particular circumstances
(1) This section applies if, apart from this section, more than 1 of
sections 182, 182A, 183 and 184 would apply to a prisoner.
(2) If the imprisonment mentioned in the sections is to be served
concurrently, the prisoner’s parole eligibility date for the
prisoner’s period of imprisonment is the day after the day on
which the prisoner has served the longer of the periods
calculated under the sections.
Example—
A prisoner is serving a term of 8 years imprisonment for a serious
violent offence concurrently with a term of 5 years imprisonment for an
offence that is not a serious violent offence. The prisoner’s parole
eligibility date is the day after the day on which the prisoner has served
the period of 6.4 years (being the period that is 80% of 8 years, and
being longer than the period that is one-half of 5 years).
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(3) If any of the imprisonment mentioned in the sections is to be
served cumulatively with imprisonment mentioned in another
of the sections, the prisoner’s parole eligibility date for the
prisoner’s period of imprisonment is the date mentioned in
subsection (4) calculated after applying the following rules—
Rule 1—
Consider first each term of imprisonment (concurrent term)
that is not cumulative on another term of imprisonment and
calculate the period the prisoner must serve for the concurrent
term by applying whichever of sections 182, 182A, 183 or
184 apply. For these rules, the prisoner’s notional parole date
is the day the period, or the longest of the periods, so
calculated ends.
Rule 2—
Next, consider each term of imprisonment (cumulative term)
that is cumulative on another term of imprisonment and
calculate the period the prisoner must serve for each
cumulative term by applying whichever of sections 182,
182A, 183 or 184 apply.
Rule 3—
Next, add the period the prisoner must serve for a cumulative
term to the period the prisoner must serve for the term of
imprisonment the cumulative term is cumulative on (the
additional eligibility period).
(4) The prisoner’s parole eligibility date for the prisoner’s period
of imprisonment is the day after the later of the following
dates—
• the notional parole date
• the latest date the additional eligibility periods end.
Example—
A prisoner is serving a period of 13 years imprisonment, comprising a
term of 8 years imprisonment for a serious violent offence and a term of
5 years imprisonment for an offence that is not a serious violent offence
which was ordered to be served cumulatively with the term of
imprisonment for the serious violent offence. Applying rule 1, the
prisoner’s notional parole date is the day after the period of 6.4 years
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the prisoner must serve before reaching the prisoner’s parole eligibility
date for the serious violent offence under section 182. Rule 2 is then
applied. The period the prisoner must serve before reaching the
prisoner’s parole eligibility date for the second offence is 2.5 years
under section 184. Rule 3 requires the periods of 6.4 years and 2.5
years to be added together. In this example, the prisoner’s parole
eligibility date is the day after the day on which the prisoner has served
the period of 8.9 years.
(5) In this section—
period of imprisonment, a prisoner must serve, means a
period of imprisonment the prisoner must serve before
reaching the prisoner’s parole eligibility date for the prisoner’s
period of imprisonment.
185A Parole eligibility date for particular prisoners granted
exceptional circumstances parole
(1) This section applies to a prisoner if—
(a) whether before or after the commencement of this
section (the commencement), a date for the prisoner’s
release on parole in relation to the prisoner’s period of
imprisonment (the parole release date) was or is fixed
under the Penalties and Sentences Act 1992,
section 160B(3); and
(b) on or after the commencement but before the parole
release date, the prisoner is granted exceptional
circumstances parole in relation to the same period of
imprisonment.
(2) For this Act, the prisoner’s parole release date becomes the
prisoner’s parole eligibility date in relation to the same period
of imprisonment.
(3) Any entitlement or expectation the prisoner had to be released
on parole on the parole release date under a court ordered
parole order is extinguished.
(4) This section does not affect the fact that a parole release date
was fixed for the prisoner’s period of imprisonment for the
purposes of the Penalties and Sentences Act 1992.
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185B Parole eligibility date for prisoner serving term of
imprisonment for an offence against Weapons Act 1990,
s 50, 50B or 65
(1) This section applies if—
(a) a prisoner is serving a term of imprisonment for an
offence against the Weapons Act 1990, section 50, 50B
or 65; and
(b) a minimum penalty applies to the offence under the
following provisions of that Act—
(i) section 50(1), penalty, paragraph (d) or (e);
(ii) section 50B(1), penalty, paragraph (d) or (e);
(iii) section 65(1), penalty, paragraph (c) or (d); and
(c) apart from this section, the prisoner would be eligible
for parole under this subdivision before the prisoner has
served a term of imprisonment that is the minimum
penalty for the offence.
(2) The prisoner’s parole eligibility date is the day after the day
on which the prisoner has served a term of imprisonment that
is the minimum penalty for the offence.
(3) However, if the term of imprisonment was imposed under the
Penalties and Sentences Act 1992, section 161R(2) for an
offence against the Weapons Act 1990, section 50B or 65, the
prisoner’s parole eligibility date is the day that is worked out
by adding the relevant further period to the parole eligibility
date that would otherwise apply to the prisoner under
subsection (2).
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Division 2 Hearing and deciding application
for parole order
Subdivision 1 Preliminary
186 Definition for div 2
In this division—
parole order does not include a court ordered parole order.
Subdivision 2 Procedure
188 Submission from eligible person
(1) After receiving a prisoner’s application for a parole order
(other than an exceptional circumstances parole order) under
section 180, the parole board must give the chief executive
written notice of the application.
(2) Within 7 days after receiving the notice, the chief executive
must, subject to section 324AA, give each eligible person in
relation to the prisoner written notice of the application.
(3) The notice given to the eligible person must be dated and
advise the person that—
(a) the prisoner has applied for a parole order; and
(b) the parole board is about to consider whether the parole
order should be made; and
(c) the person may, within 21 days after the date of the
notice, make submissions to the parole board about
anything that—
(i) is relevant to the decision about making the parole
order; and
(ii) was not before the court at the time of sentencing;
and
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(d) the person may apply to the parole board to extend the
period under paragraph (c) for making submissions to
the parole board.
(4) The eligible person may apply to the parole board to extend
the period under subsection (3)(c) for making submissions to
the parole board.
(5) The parole board may extend the period if the parole board
considers it reasonable in the circumstances.
(6) The parole board must consider any submissions made to the
board under subsection (3)(c) or in the further period allowed
under subsection (5).
(7) Submissions may be made under subsection (3)(c)—
(a) in writing; or
(b) in some other form approved by the parole board.
189 Appearing before parole board
(1) A prisoner’s agent may, with the parole board’s leave, appear
before the board to make representations in support of the
prisoner’s application for a parole order that may be heard and
decided by the board.
(2) This section does not stop the parole board deciding an
application for a parole order if the prisoner or the prisoner’s
agent fails to appear before the board.
(3) In this section—
appear, before the parole board, means—
(a) appear by using a contemporaneous communication link
between the board and the prisoner or the prisoner’s
agent; or
(b) if the person appearing is a prisoner with a special
need—appear personally.
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190 Applying for leave to appear before parole board
(1) An application for leave to appear before the parole board
must be made in the approved form to the board.
(2) The secretariat must tell the prisoner of—
(a) the board’s decision on the application; and
(b) if the board grants the leave—the time and place at
which the prisoner or the prisoner’s agent may appear
before the board.
191 When application for parole order lapses
A prisoner’s application for a parole order lapses if, before the
application is decided, the prisoner is sentenced to another
term of imprisonment.
192 Parole board not bound by sentencing court’s
recommendation or parole eligibility date
When deciding whether to grant a parole order, the parole
board is not bound by the recommendation of the sentencing
court or the parole eligibility date fixed by the court under the
Penalties and Sentences Act 1992, part 9, division 3 if the
board—
(a) receives information about the prisoner that was not
before the court at the time of sentencing; and
Example—
a psychologist’s report obtained during the prisoner’s period of
imprisonment
(b) after considering the information, considers that the
prisoner is not suitable for parole at the time
recommended or fixed by the court.
193 Deciding parole applications—general
(1) After receiving a prisoner’s application for a parole order, the
parole board must decide—
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(a) to grant the application; or
(b) to refuse to grant the application.
(2) If, at the time the application is made by the prisoner, the
prisoner is both a no body-no parole prisoner and a restricted
prisoner, the application must be decided under—
(a) section 193A; and
(b) if after deciding the application under section 193A, the
parole board does not make a no cooperation
declaration—section 193AA.
(3) However, subject to subsection (4), the parole board may
defer making a decision until it obtains any additional
information it considers necessary to make the decision.
Note—
See also section 193C(1).
(4) The parole board must decide the application within the
following period after receiving the application—
(a) for a decision deferred under subsection (3)—150 days;
(b) otherwise—120 days.
Note—
See also section 193C(2).
(5) The parole board may grant the application even though a
parole order for the same period of imprisonment was
previously cancelled.
(6) If the parole board refuses to grant the application, the board
must—
(a) give the prisoner written reasons for the refusal; and
(b) if the application is for a parole order other than an
exceptional circumstances parole order—decide a
period of time within which a further application for a
parole order (other than an exceptional circumstances
parole order) by the prisoner must not be made without
the board’s consent.
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(7) The period of time decided under subsection (6)(b) must not
be more than—
(a) if the prisoner is serving a term of imprisonment for
life—5 years; or
(b) if the prisoner is serving a term of imprisonment of 10
years or more other than a term of imprisonment for
life—3 years; or
(c) if paragraphs (a) and (b) do not apply—1 year.
(8) In deciding the period of time under subsection (6)(b), the
parole board—
(a) must consider—
(i) the nature, seriousness and circumstances of each
offence for which the prisoner is serving the period
of imprisonment the subject of the application; and
(ii) the reasons the application has been refused; and
(b) may have regard to—
(i) the likely effect that the making of a further
application for a parole order may have on an
eligible person or victim; and
(ii) the extent to which delaying the making of a
further application for a parole order is in the
public interest.
(9) If the parole board decides to grant the application, the parole
order starts on the day stated in the order (the start day).
(10) If the application for a parole order was made under
section 176, the start day must not be more than 14 days after
the date of the parole order.
(11) If the application for a parole order was made under
section 180, the start day must be—
(a) for a parole order made more than 14 days before the
prisoner’s parole eligibility date—the parole eligibility
date; or
(b) otherwise, a day that is—
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(i) on or after the prisoner’s parole eligibility date; and
(ii) not more than 14 days after the date of the parole
order.
193A Deciding parole applications—no body-no parole
prisoner
(1) This section applies to a no body-no parole prisoner’s
application for a parole order.
(2) If a no cooperation declaration is in force for the prisoner, the
board must refuse the application.
(3) If the prisoner has been given a notice under section 175Q, the
board must consider the application under section 193.
(4) If subsections (2) and (3) do not apply, the parole board must
defer the hearing of the application and request a
commissioner’s report under section 175M(2).
193AA Deciding parole applications—restricted prisoner
(1) This section applies in relation to a restricted prisoner’s
application for a parole order.
(2) Subject to subsection (3), as soon as practicable after
receiving the application, the parole board must—
(a) give the president a notice stating that the prisoner has
applied for parole; and
(b) give the chief executive a notice stating—
(i) the board has deferred deciding the application
until the board receives a notice from the president
under section 175J(2)(c); and
(ii) under section 175F the chief executive must give
the president a restricted prisoner report.
(3) If the board has received a notice about the prisoner under
section 175J(2)(c), the parole board may defer making a
decision until it obtains any other information it considers
necessary to make the decision.
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Note—
See also section 193C(2).
(4) If the application is deferred under subsection (2)(b) and the
president makes a restricted prisoner declaration about the
prisoner, the application is taken to have been refused by the
parole board on the day the declaration is made.
(5) If a restricted prisoner declaration is not in force for the
prisoner, the parole board must refuse to grant the application
unless the board is satisfied the prisoner does not pose an
unacceptable risk to the public.
193B Deciding applications for parole orders made by
prisoners with links to terrorism
(1) This section applies in relation to a prisoner’s application for a
parole order if—
(a) the prisoner has, at any time, been convicted of a
terrorism offence; or
(b) the prisoner is the subject of a Commonwealth control
order; or
(c) the parole board is satisfied the prisoner has promoted
terrorism; or
(d) a report in relation to the prisoner given by the
commissioner under section 193E states there is a
reasonable likelihood the prisoner may carry out a
terrorist act and any of the following apply—
(i) the prisoner has been charged with, but not
convicted of, a terrorism offence;
(ii) the prisoner has been the subject of a
Commonwealth control order;
(iii) the parole board is satisfied the prisoner is or has
been associated with a terrorist organisation, or
with a person who has promoted terrorism.
Note—
For when a person promotes terrorism, see section 247A.
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(2) The parole board must refuse to grant the application under
section 193(1) unless the board is satisfied exceptional
circumstances exist to justify granting the application.
(3) In considering whether exceptional circumstances exist to
justify granting the application, the parole board may have
regard to any relevant matter.
(4) In considering a matter mentioned in subsection (1)(c) or
(d)(iii), the parole board may have regard to—
(a) a report in relation to the matter given by the
commissioner under section 193E; and
(b) any other information the board considers relevant.
(5) If the parole board decides to grant the application, the board
must give the prisoner written reasons for the decision.
Note—
See also section 193(6)(a).
(6) To remove any doubt, it is declared that—
(a) this section does not limit or otherwise affect the power
of the parole board to refuse the application under
section 193(1); and
(b) a decision under subsection (2) that exceptional
circumstances exist to justify granting the application is
not a decision for section 194(1)(a) that exceptional
circumstances exist in relation to the prisoner.
193C Deferring decision to obtain information about terrorism
links
(1) The parole board may defer making a decision on a prisoner’s
application for a parole order to obtain information the board
considers necessary to determine whether section 193B
applies in relation to the application.
(2) Despite section 193(4), if the parole board defers making a
decision under subsection (1), the board must decide the
application within 200 days after receiving the application.
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193D Parole board may ask commissioner for reports about
prisoners’ links to terrorism
The parole board may, by written notice given to the
commissioner, ask the commissioner to give the board, for use
under this division or division 5, a report in relation to any of
the following matters—
(a) whether a prisoner has, at any time, been convicted of or
charged with a terrorism offence;
(b) whether a prisoner is or has been the subject of a
Commonwealth control order;
(c) any promotion by a prisoner of terrorism;
(d) the likelihood of a prisoner carrying out a terrorist act;
(e) any association a prisoner has or has had with—
(i) a terrorist organisation; or
(ii) a person who has promoted terrorism.
Note—
For when a person promotes terrorism, see section 247A.
193E Reports about prisoners’ links to terrorism
(1) The commissioner must comply with a request made under
section 193D by giving the parole board a written report in
relation to the matters the subject of the request.
(2) However, subsection (1) applies only to the extent information
in relation to the matters—
(a) is in the commissioner’s possession; or
(b) can be accessed by the commissioner through an
arrangement with a law enforcement agency.
(3) Also, the commissioner is not required to give information in
relation to a matter mentioned in section 193D(c), (d) or (e)
if—
(a) the information is information mentioned in the Police
Powers and Responsibilities Act 2000, section 803(2)(a)
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to (e) and the commissioner is satisfied that withholding
the information will not adversely affect public safety;
or
(b) the commissioner accessed the information through an
arrangement mentioned in subsection (2)(b) and the
arrangement prevents the commissioner from disclosing
the information to the parole board.
(4) If the report is in relation to a matter mentioned in
section 193D(a), the information in the report may include a
reference to, or a disclosure of, a conviction mentioned in the
Criminal Law (Rehabilitation of Offenders) Act 1986,
section 6.
(5) If the request is in relation to a prisoner’s application for a
parole order—
(a) the notice given under section 193D must state the day
the parole board proposes to hear the application (the
proposed hearing day); and
(b) the commissioner must give the report to the parole
board at least 28 days before the proposed hearing day.
194 Types of parole orders granted by parole board
(1) The parole board may, by a parole order—
(a) release any prisoner on parole, if the prisoner applied for
an exceptional circumstances parole order under
section 176 and the board is satisfied that exceptional
circumstances exist in relation to the prisoner; or
(b) release an eligible prisoner on parole.
(2) If the prisoner is to be released on parole as mentioned in
subsection (1)(a), the board must note on the order that it is an
exceptional circumstances parole order.
(3) The board must give a copy of the parole order to the prisoner.
(4) In this section—
eligible prisoner means a prisoner, who—
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(a) may apply for the parole order under section 180(1); and
(b) is eligible for the parole order under section 181, 181A,
182, 182A, 183, 184, 185 or 185B.
Division 3 Court ordered parole order
199 Court ordered parole order
(1) The chief executive must issue a court ordered parole order
for a prisoner in accordance with the date fixed for the
prisoner’s release on parole under the Penalties and Sentences
Act 1992, part 9, division 3.
(2) However, if the prisoner is being detained on remand for an
offence, the chief executive can not issue the court ordered
parole order unless—
(a) the prisoner is granted bail in relation to the offence
under the Bail Act 1980; or
(b) the charge for the offence is withdrawn.
(3) The chief executive must give a copy of the court ordered
parole order to the prisoner.
(4) Subsection (1) does not apply in relation to a prisoner to
whom section 185A applies.
Division 4 Conditions of parole and directions
to prisoners
200 Conditions of parole
(1) A parole order must include conditions requiring the prisoner
the subject of the order—
(a) to be under the chief executive’s supervision—
(i) until the end of the prisoner’s period of
imprisonment; or
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(ii) if the prisoner is being detained in an institution for
a period fixed by a judge under the Criminal Law
Amendment Act 1945, part 3—for the period the
prisoner was directed to be detained; and
(b) to carry out the chief executive’s lawful instructions; and
(c) to give a test sample if required to do so by the chief
executive under section 41; and
(d) to report, and receive visits, as directed by the chief
executive; and
(e) to notify the chief executive within 48 hours of any
change in the prisoner’s address or employment during
the parole period; and
(f) not to commit an offence.
(2) A parole order may contain a condition requiring the prisoner
to comply with a direction given to the prisoner under
section 200A.
(3) A parole order granted by the parole board may also contain
conditions the board reasonably considers necessary—
(a) to ensure the prisoner’s good conduct; or
(b) to stop the prisoner committing an offence.
Examples—
• a condition about the prisoner’s place of residence, employment or
participation in a particular program
• a condition imposing a curfew for the prisoner
• a condition requiring the prisoner to give a test sample
(4) The prisoner must comply with the conditions included in the
parole order.
200A Directions to prisoners subject to parole order
(1) The purpose of this section is—
(a) to enable the movements of a prisoner who is subject to
a parole order to be restricted; and
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(b) to enable the location of the prisoner to be monitored.
(2) A corrective services officer may direct the prisoner—
(a) to remain at a stated place for stated periods; or
(b) to wear a stated device; or
(c) to permit the installation of any device or equipment at a
stated place, including, for example, the place where the
prisoner resides.
Note—
See section 267(2).
(3) A corrective services officer may also give other reasonable
directions to the prisoner that are necessary for the proper
administration of a direction under subsection (2).
(4) A direction under this section must not be inconsistent with a
condition of the prisoner’s parole order.
Division 5 Amending, suspending or
cancelling parole order
Subdivision 1 Chief executive powers
201 Chief executive may amend parole order
(1) The chief executive may, by written order, amend a prisoner’s
parole order if the chief executive reasonably believes the
prisoner—
(a) has failed to comply with the parole order; or
(b) poses a serious and immediate risk of self harm; or
(c) poses an unacceptable risk of committing an offence.
Example of an amendment—
the addition of a condition imposing a curfew for the prisoner
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(2) The written order has effect for the period of not more than 28
days, stated in the order, starting on the day the order is given
to the prisoner.
202 Parole board may cancel amendment
(1) If the chief executive makes an order under section 201
amending a parole order, the chief executive must give the
secretariat written notice of the grounds for making the order.
(2) The written notice must be given to the secretariat
immediately after the order is made.
(3) The chief executive must give the parole board any further
information about the amendment requested by the board.
(4) The parole board may, at any time, cancel the order.
Subdivision 2 Parole board powers generally
205 Amendment, suspension or cancellation
(1) The parole board may, by written order, amend a parole
order—
(a) by amending or removing a condition imposed under
section 200(3) if the board reasonably believes—
(i) the condition, as amended, is necessary for a
purpose mentioned in the subsection; or
(ii) the condition is no longer necessary for a purpose
mentioned in the subsection; or
(b) by inserting a condition mentioned in section 200(3) if
the board reasonably believes the condition is necessary
for a purpose mentioned in the subsection; or
(c) if the board reasonably believes the prisoner poses a
serious risk of self harm.
(2) The parole board may, by written order—
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(a) amend, suspend or cancel a parole order if the board
reasonably believes the prisoner subject to the parole
order—
(i) has failed to comply with the parole order; or
(ii) poses a serious risk of harm to someone else; or
(iii) poses an unacceptable risk of committing an
offence; or
(iv) is preparing to leave Queensland, other than under
a written order granting the prisoner leave to travel
interstate or overseas; or
(b) amend, suspend or cancel a parole order, other than a
court ordered parole order, if the board receives
information that, had it been received before the parole
order was made, would have resulted in the board
making a different parole order or not making a parole
order; or
(c) amend or suspend a parole order if the prisoner subject
to the parole order is charged with committing an
offence; or
(d) suspend or cancel a parole order if the board reasonably
believes the prisoner subject to the parole order poses a
risk of carrying out a terrorist act.
(3) If practicable, the parole board must, before amending a
prisoner’s parole order, give the prisoner an information
notice and a reasonable opportunity to be heard on the
proposed amendment.
(4) The parole board is not required to give the prisoner an
information notice or a reasonable opportunity to be heard if
the parole board suspends or cancels the prisoner’s parole
order.
(5) A written order amending, suspending or cancelling a parole
order has effect from when it is made by the parole board.
(6) In this section—
information notice means a notice—
[s 206]
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(a) stating the parole board is proposing to amend the
parole order; and
(b) advising the reason for the proposed action; and
(c) inviting the prisoner to show cause, by written
submissions given to the board within 21 days after the
notice is given, why the board should not take the
proposed action.
206 Warrant for prisoner’s arrest
(1) If the parole board suspends or cancels a prisoner’s parole
order—
(a) the board may issue a warrant, signed by a board
member or an officer of the secretariat prescribed by
regulation, for the prisoner’s arrest; or
(b) a magistrate, on the application of the board or a board
member, may issue a warrant for the prisoner’s arrest.
(2) The warrant may be directed to all police officers.
Note—
See also the Police Powers and Responsibilities Act 2000, section 798.
(3) When arrested, the prisoner must be taken to a prison—
(a) if the order was suspended—to be kept there for the
suspension period; or
(b) if the order was cancelled—to serve the unexpired
portion of the prisoner’s period of imprisonment.
Notes—
1 See section 112 for the power of the parole board, a magistrate or
the chief executive, on the application of a corrective services
officer, to issue a warrant for a prisoner’s arrest if the prisoner is
unlawfully at large and the prisoner’s parole order is suspended or
cancelled.
2 See section 112(1)(a) for the power of a corrective services officer
to arrest a prisoner without warrant if the prisoner is unlawfully at
large and the prisoner’s parole order is suspended or cancelled.
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208 Reconsidering decision to suspend or cancel parole
order
(1) If the parole board makes a written order suspending or
cancelling a prisoner’s parole order, the board must give the
prisoner an information notice on the prisoner’s return to
prison.
(2) The parole board must consider all properly made
submissions and inform the prisoner, by written notice,
whether the board has changed its decision and, if so, how.
(3) If the board changes its decision, the changed decision has
effect on the day, not more than 14 days after the day the
changed decision is made, stated in the written notice.
(4) In this section—
information notice means a notice—
(a) stating the parole board has decided to suspend or
cancel the parole order; and
(b) advising the reason for the decision; and
(c) inviting the prisoner to show cause, by written
submissions given to the board within 21 days after the
notice is given, why the board should change its
decision.
properly made submissions means written submissions given
by or for the prisoner to the parole board within 21 days after
the information notice inviting the prisoner to make the
submissions is given.
Subdivision 2A Requests for immediate suspension
208A Request for immediate suspension of parole order
(1) This section applies if the chief executive reasonably believes
that a prisoner the subject of a parole order—
(a) has failed to comply with the parole order; or
[s 208B]
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(b) poses a serious and immediate risk of harm to another
person; or
(c) poses an unacceptable risk of committing an offence; or
(d) is preparing to leave the State, other than under a written
order granting the prisoner leave to travel interstate or
overseas; or
(e) poses a risk of carrying out a terrorist act.
(2) The chief executive may, by written notice given to the
secretariat, ask the parole board to—
(a) suspend the parole order; and
(b) issue a warrant for the prisoner’s arrest.
(3) The notice must state the grounds on which the request is
made.
208B Decision on request for immediate suspension of parole
order
(1) If a request is made under section 208A, the parole board or a
prescribed board member must as soon as practicable consider
the request.
(2) However, the parole board or a prescribed board member may
decide the priority for considering requests made under
section 208A, having regard to the seriousness of the nature of
the grounds on which the requests are made.
(3) If the parole board considers the request, the parole board
must decide whether to suspend or cancel the parole order.
(4) If a prescribed board member considers the request, the
prescribed board member must decide whether to suspend the
parole order.
(5) The parole board may decide to suspend or cancel the parole
order, or the prescribed board member may decide to suspend
the parole order, only if the parole board or member
reasonably believes the prisoner—
(a) has failed to comply with the parole order; or
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(b) poses a serious and immediate risk of harm to another
person; or
(c) poses an unacceptable risk of committing an offence; or
(d) is preparing to leave the State, other than under a written
order granting the prisoner leave to travel interstate or
overseas; or
(e) poses a risk of carrying out a terrorist act.
(6) If the parole board considers the request, the decision whether
or not to suspend or cancel the parole order is taken to have
been made under section 205(2).
(7) If the parole board decides not to suspend or cancel the parole
order, or the prescribed board member decides not to suspend
the parole order, the parole board or member must give the
chief executive written notice of the decision.
(8) If the prescribed board member decides to suspend the parole
order, the member may—
(a) by written order, suspend the parole order; and
(b) issue a warrant, signed by the member or an officer of
the secretariat, for the prisoner’s arrest.
(9) The order has effect from when it is made.
(10) The warrant may be directed to all police officers.
(11) When arrested, the prisoner must be taken to a prison—
(a) if the order was suspended—to be kept there for the
suspension period; or
(b) if the order was cancelled—to serve the unexpired
portion of the prisoner’s period of imprisonment.
Notes—
1 See section 112 for the power of the parole board, a magistrate or
the chief executive, on the application of a corrective services
officer, to issue a warrant for a prisoner’s arrest if the prisoner is
unlawfully at large and the prisoner’s parole order is suspended.
2 See section 112(1)(a) for the power of a corrective services officer
to arrest a prisoner without warrant if the prisoner is unlawfully at
large and the prisoner’s parole order is suspended.
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208C Parole board must consider suspension by prescribed
board member
(1) If the prescribed board member decides, under section 208B,
to suspend the parole order and issue a warrant for the
prisoner’s arrest, the parole board must, within 2 business
days of the decision being made—
(a) confirm the decision; or
(b) cancel the parole order; or
(c) set aside the decision.
(2) Section 208 applies to a decision of the parole board to
confirm the prescribed board member’s decision or cancel the
parole order as if it were a decision to suspend or cancel a
parole order under section 205(2).
(3) Subsections (4) to (6) apply if the parole board decides to set
aside the prescribed board member’s decision.
(4) The suspension and the warrant stop having effect.
(5) If the warrant has been executed, the prisoner must be
released.
(6) For this Act, the prisoner is taken not to have been unlawfully
at large for the period—
(a) starting when the order was made by the prescribed
board member under section 208B; and
(b) ending when the parole board decided to set aside the
prescribed board member’s decision.
Subdivision 3 Automatic cancellation
209 Automatic cancellation of order by further imprisonment
(1) If a prisoner is sentenced to another period of imprisonment
for an offence committed, in Queensland or elsewhere, during
the period of the prisoner’s parole order, the order is taken to
have been automatically cancelled on the date on which the
offence occurred.
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(2) Subsection (1) applies—
(a) whether or not the prisoner is sentenced to the other
period of imprisonment before or after the parole order
has expired; and
(b) subject to section 205.
Note—
See sections 211 and 215 for the effect of the cancellation.
(3) However, subsection (1) does not apply if—
(a) the prisoner is required to serve the period of
imprisonment mentioned in the subsection in default
of—
(i) paying a fine or another amount required to be paid
under a court order; or
(ii) making restitution required to be made under a
court order; or
(b) the period of imprisonment mentioned in the
subsection—
(i) is required to be served under an intensive
correction order; or
(ii) is wholly suspended under the Penalties and
Sentences Act 1992, part 8; or
(iii) is required to be served until the court rises.
210 Warrant for prisoner’s arrest
(1) If a prisoner’s parole order is automatically cancelled under
section 209—
(a) the parole board may issue a warrant, signed by a board
member or an officer of the secretariat, for the prisoner’s
arrest; or
(b) a magistrate, on the application of the parole board or a
board member, may issue a warrant for the prisoner’s
arrest.
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(2) The warrant may be directed to all police officers.
Note—
See also the Police Powers and Responsibilities Act 2000, section 798.
(3) When arrested, the prisoner must be taken to a prison to serve
the unexpired portion of the prisoner’s period of
imprisonment.
Notes—
1 See section 112 for the power of the parole board, a magistrate or
the chief executive, on the application of a corrective services
officer, to issue a warrant for a prisoner’s arrest if the prisoner is
unlawfully at large and the prisoner’s parole order is cancelled.
2 See section 112(1)(a) for the power of a corrective services officer
to arrest a prisoner without warrant if the prisoner is unlawfully at
large and the prisoner’s parole order is cancelled.
Subdivision 4 Effect of cancellation
211 Effect of cancellation
(1) This section applies if a prisoner’s parole order is cancelled—
(a) under section 205(2)(a)(i) because the prisoner failed to
comply with the parole order; or
(b) under section 205(2)(a)(ii) because the prisoner posed a
serious risk of harm to someone else; or
(c) under section 205(2)(a)(iii) because the prisoner posed
an unacceptable risk of committing an offence; or
(d) under section 205(2)(a)(iv) because the prisoner was
preparing to leave Queensland, other than under a
written order granting the prisoner leave to travel
interstate or overseas; or
(e) under section 205(2)(b) because the parole board
received information that, had it been received before
the parole order was made, would have resulted in the
parole board making a different parole order or not
making the parole order; or
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(f) under section 209 because the prisoner was sentenced to
another term of imprisonment for an offence committed,
in Queensland or elsewhere, during the period of the
parole order.
Note—
For subsection (1)(a), (b), (c) and (d), see also sections 208B(6) and
208C(2).
(2) The time for which the prisoner was released on parole before
one of the following events happens counts as time served
under the prisoner’s period of imprisonment—
(a) the prisoner failed to comply with the parole order as
mentioned in subsection (1)(a);
(b) the parole order was cancelled for the reason mentioned
in subsection (1)(b), (c), (d) or (e);
(c) the prisoner committed the offence mentioned in
subsection (1)(f).
(3) Despite section 206(3)(b), the parole board may, by written
order, direct that the prisoner serve only part of the unexpired
portion of the prisoner’s period of imprisonment.
Division 6 Other provisions about parole
orders
212 Travelling interstate while released on parole
(1) The chief executive may, by written order, grant leave to a
prisoner who is released on parole to travel interstate for a
period of not more than 7 days.
(2) However, if the prisoner is subject to a court ordered parole
order, the period of leave may be more than 7 days.
(3) The parole board may, by written order, grant leave to a
prisoner who is released on parole to travel interstate for a
period of more than 7 days.
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(4) Leave granted under this section is subject to the conditions
the entity granting the leave decides.
213 Travelling overseas while released on parole
(1) The parole board may, by written order, grant leave to a
prisoner who is released on parole to travel overseas for a
stated period for compassionate purposes in exceptional
circumstances.
Note—
See also chapter 2, part 2, division 9A.
(2) Leave granted under this section is subject to the conditions
the parole board decides.
214 Prisoner released on parole taken to be still serving
sentence
A prisoner released on parole is taken to be still serving the
sentence imposed on the prisoner.
215 Expiry of parole order
A prisoner is taken to have served the prisoner’s period of
imprisonment if the prisoner’s parole order expires without
being cancelled under section 205 or 209.
Part 2 Parole Board Queensland
Division 1 Establishment and functions
216 Establishment
The Parole Board Queensland (the parole board) is
established.
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217 Functions
The functions of the parole board are—
(a) to decide applications for parole orders, other than court
ordered parole orders; and
(b) to perform other functions given to it under this Act or
another Act.
217A Nature of entity
The parole board—
(a) does not control funds (and is consequently not a
statutory body within the meaning of the Statutory
Bodies Financial Arrangements Act 1982 or the
Financial Accountability Act 2009); and
(b) is not a public sector entity for the Public Sector Act
2022, section 8(2)(s).
Division 2 Powers
218 Powers generally
The parole board has the power to do anything necessary or
convenient to be done in performing its functions under this or
another Act.
219 Power to require attendance
(1) The parole board may, by written notice (an attendance
notice) given to a person, require the person to attend a
meeting of the board at a stated time and stated place—
(a) to give the board relevant information; or
(b) to produce a stated document containing relevant
information.
(2) A person given an attendance notice must—
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(a) attend as required by the attendance notice, unless the
person has a reasonable excuse; and
(b) give the parole board the relevant information a board
member requires the person to give, unless the person
has a reasonable excuse; and
(c) produce a document containing relevant information
that the person is required to produce by the attendance
notice, unless the person has a reasonable excuse.
Maximum penalty—10 penalty units.
(3) It is a reasonable excuse for a person to fail to give relevant
information or produce a document if giving the information
or producing the document may tend to incriminate the
person.
(4) A person required by an attendance notice to attend a meeting
of the parole board may attend the meeting by using a
contemporaneous communication link between the person
and the board.
(5) In this section—
relevant information means information relating to—
(a) a prisoner’s application for a parole order, other than a
court ordered parole order; or
(b) a prisoner’s parole order, including a court ordered
parole order.
220 Expenses of attendance and documents produced
(1) If a person is required by an attendance notice to attend a
meeting of the parole board, the secretariat must pay the
person’s reasonable expenses of attending the meeting as
certified by the board member presiding at the meeting.
(2) If the person produces a document under section 219(2)(c),
the parole board may inspect the document or make copies of
it.
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Division 3 Membership
221 Membership
(1) The parole board consists of the following members (each a
board member)—
(a) the president;
(b) at least 1 deputy president;
(c) at least 2 members (each a professional board member)
who have a university or professional qualification that
is relevant to the functions of the parole board;
(d) at least 1 police officer nominated by the commissioner
(each a police representative);
(e) at least 1 public service officer, nominated by the chief
executive, who has expertise or experience in the
supervision or rehabilitation of offenders (each a public
service representative);
(f) the required number of other members (each a
community board member), each of whom represents
the Queensland community.
(2) Without limiting subsection (1), a qualification in law,
criminology, medicine, psychology, behavioural science or
social work is a relevant qualification for a professional board
member.
(3) At least 1 of the professional board members must be an
Aboriginal or Torres Strait Islander person.
(4) At least 1 of the community board members must be a person
who has expertise or experience relevant to victims of crime,
including how crimes affect victims and the challenges
victims face in interacting with the criminal justice system.
(5) Board members mentioned in subsection (1)(a) to (c) and (f)
are appointed board members.
(6) Board members mentioned in subsection (1)(d) and (e) are
permanent board members.
[s 222]
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(7) In this section—
required number, of community board members, means the
number of community board members decided by the
Minister for the parole board.
222 President and deputy president
(1) The president—
(a) must be a former judge of a State court, the High Court
or a court constituted under a Commonwealth Act; or
(b) must have qualifications, experience or standing the
Governor in Council considers equivalent to an office
mentioned in paragraph (a).
(2) Each deputy president—
(a) must be a former judge of a State court, the High Court
or a court constituted under a Commonwealth Act; or
(b) must be a former magistrate; or
(c) must have qualifications, experience or standing the
Governor in Council considers equivalent to an office
mentioned in paragraph (a) or (b).
(3) In this section—
magistrate includes a magistrate appointed under the law of
another State.
223 Appointment
(1) Appointed board members are appointed by the Governor in
Council.
(2) In recommending a person to the Governor in Council for
appointment, the Minister—
(a) must be satisfied the person is appropriately qualified to
perform the functions of a board member; and
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(b) for an appointment as the president or a deputy
president—must consult with the parliamentary
committee about the proposed appointment; and
(c) for an appointment as a community board member or
professional board member—
(i) must consult with the president about the proposed
appointment; and
(ii) must have regard to ensuring the parole board
represents the diversity of the Queensland
community; and
(d) must have regard to providing for—
(i) balanced gender representation in the membership
of the parole board; and
(ii) the representation of Aboriginal people and Torres
Strait Islanders in the membership of the parole
board.
(3) Before recommending a person to the Governor in Council for
appointment, the Minister must request the chief executive to
assess (under chapter 6, part 13, division 2) the person’s
suitability to perform functions as a board member.
(4) The president and the deputy presidents must be appointed on
a full-time basis.
(5) A professional board member may be appointed on a full-time
or part-time basis.
(6) Subsection (2)(b) does not apply to the reappointment of a
person as the president or a deputy president.
(7) In this section—
parliamentary committee means—
(a) if the Legislative Assembly resolves that a particular
committee of the Assembly is to be the parliamentary
committee under this Act—that committee; or
(b) if paragraph (a) does not apply and the standing rules
and orders under the Parliament of Queensland Act
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2001 state that the portfolio area of a portfolio
committee includes the parole board—that committee;
or
(c) otherwise—the portfolio committee whose portfolio
area includes the department, or the part of a
department, in which this Act is administered.
portfolio area, of a portfolio committee, see the Parliament of
Queensland Act 2001, section 88(2)(b).
portfolio committee see the Parliament of Queensland Act
2001, section 88(1).
224 Term of appointment
(1) The president and each deputy president holds office for the
term, not longer than 5 years, stated in the board member’s
instrument of appointment.
(2) An appointed board member, other than the president or a
deputy president, holds office for the term, not longer than 3
years, stated in the member’s instrument of appointment.
(3) However, if a successor has not been appointed by the end of
the appointed board member’s term, the member continues to
hold office until a successor is appointed.
(4) An appointed board member may be reappointed.
(5) However, a person holding office as the president or a deputy
president may be reappointed to the office only if—
(a) no term of appointment is longer than 5 years; and
(b) the person does not hold the office for more than 10
years in total.
225 Conditions of appointment
(1) The president and each deputy president are to be paid the
prescribed salary.
[s 226]
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(2) An appointed board member, other than the president or a
deputy president, is to be paid the remuneration and
allowances decided by the Governor in Council.
(3) An appointed board member holds office on the terms, not
otherwise provided for by this Act, decided by the Governor
in Council.
(4) An appointed board member is appointed under this Act and
not the Public Sector Act 2022.
(5) The president or the Minister may ask the chief executive to
assess (under chapter 6, part 13, division 2) the suitability of a
person to continue to perform functions as a board member.
226 Vacancy in office
(1) An appointed board member’s office becomes vacant if—
(a) the member completes the member’s term of office; or
(b) the member resigns office by signed notice given to the
Minister; or
(c) the member’s appointment is terminated by the
Governor in Council under subsection (2) or (3).
(2) The Governor in Council may, at any time, end the
appointment of a community board member for any reason or
none.
(3) The Governor in Council may terminate the appointment of
another appointed board member if the member—
(a) is guilty of misconduct of a type that could warrant
dismissal from the public service if the member were an
officer of the public service; or
(b) becomes incapable of satisfactorily performing the
functions of a board member because of physical or
mental incapacity or for some other reason.
(4) In this section—
misconduct see the Public Sector Act 2022, section 91(5).
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227 Leave of absence
(1) The Minister may approve a leave of absence for the
president.
(2) The president may approve a leave of absence for a deputy
president, professional board member or community board
member.
(3) However, only the Minister may approve a leave of absence of
more than 20 business days for a deputy president or
professional board member.
228 Acting prescribed members
(1) The Governor in Council may appoint a person to act as the
president, a deputy president or a professional board member
if the person meets the requirements for appointment to the
office.
(2) A person appointed to act as the president is appointed,
subject to any limitations stated in the instrument of
appointment, to act as the president while—
(a) the office of president is vacant; or
(b) the president is absent from duty or from the State or
cannot, for another reason, perform the duties of the
president.
(3) A person appointed to act as a deputy president or a
professional board member is appointed to carry out duties
from time to time as directed by the president—
(a) during a stated period; or
(b) for a stated matter.
(4) Before making a recommendation to the Governor in Council
for appointment of an acting board member, the Minister must
request the chief executive to assess (under chapter 6, part 13,
division 2) the person’s suitability to act in that capacity.
(5) Before making a recommendation to the Governor in Council
for appointment of an acting deputy president, the Minister
must consult with the president.
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(6) A person may not be appointed as an acting board member
for—
(a) a continuous period of more than 1 year; or
(b) a period that, with the periods of other appointments of
the person as an acting board member, forms a
continuous period of more than 1 year.
(7) However, subsection (6) does not apply to the appointment of
a person to act as the president or a deputy president if, in
recommending the person for the appointment, the Minister
has consulted with the parliamentary committee (within the
meaning of section 223).
(8) An acting board member is appointed on the terms, not
otherwise provided for by this Act, decided by the Governor
in Council.
(9) The president or the Minister may ask the chief executive to
assess (under chapter 6, part 13, division 2) the suitability of a
person to continue to perform functions as an acting board
member.
229 Preservation of rights
(1) This section applies if—
(a) a person is appointed as a prescribed board member; and
(b) the person resigns the person’s role as a public service
officer in order to accept the appointment.
(2) The person keeps all rights that have accrued to the person as
a public service officer, or that would accrue in the future to
the person because of that employment, as if service as a
prescribed board member were a continuation of service as a
public service officer.
(3) At the end of the person’s term of office or on resignation as a
prescribed board member—
(a) the person has the right to be appointed to an office in
the public service on the same terms and conditions that
[s 229A]
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applied to the person before being appointed as a
prescribed board member; and
(b) the person’s service as a prescribed board member is
taken to be service of a like nature in the public service
for deciding the person’s rights as a public service
officer.
229A Functions of president
(1) The president has the functions given to the president under
this Act or another Act.
(2) The functions of the president include—
(a) managing the performance of appointed board members
and acting appointed board members; and
(b) giving directions about the practices and procedures to
be followed by the board.
(3) The president has the power to do all things necessary or
convenient to be done for the performance of the president’s
functions.
(4) The president must promote the efficient and effective
operation of the board.
229B Delegation of particular function of president
(1) This section applies if the president considers that the
president can not independently consider and decide whether
to make a restricted prisoner declaration about a prisoner.
(2) Without limiting subsection (1), the president must delegate
the president’s function under subsection (3) if the president
becomes aware of a direct or an indirect interest the president
has in relation to the prisoner that could conflict with the
proper performance of the president’s decision to make the
declaration.
(3) The president must delegate to a deputy president the function
of the president under chapter 5, part 1AB.
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(4) In this section—
function includes power.
interest, in relation to a prisoner, includes a professional or
familial interest.
229C Functions of deputy president
(1) A deputy president has the functions given to the deputy
president under this Act or another Act.
(2) The deputy president has the power to do all things necessary
or convenient to be done for the performance of the deputy
president’s functions.
Division 4 Proceedings
230 Conduct of business
Subject to this division
(a) the president’s consideration of whether to make a
restricted prisoner declaration may be conducted in the
way the president considers appropriate; and
(b) the president’s or a deputy president’s consideration of a
reconsideration application may be conducted in the
way the president or the deputy president considers
appropriate; and
(c) the parole board may conduct its business, including its
meetings, in the way it considers appropriate.
231 Quorum
A quorum for a meeting of the parole board is 3 board
members.
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Note—
For the board members who must be present at a meeting at which
particular matters about parole orders are considered, see also
section 234.
232 Presiding at meetings
(1) The president presides at all meetings of the parole board at
which the president is present.
(2) If the president is absent from a meeting and the parole board
has only 1 deputy president, the deputy president is to preside.
(3) If the president is absent from a meeting and the parole board
has more than 1 deputy president, the deputy president chosen
by the president is to preside.
(4) If neither the president, nor any of the deputy presidents, are
present at a meeting, a professional board member chosen by
the president is to preside.
233 Meetings generally
(1) The parole board must meet as often as is necessary to
perform its functions.
(2) A meeting may be called by—
(a) if the meeting is called under section 175U—the
president or a deputy president; or
(b) otherwise—the president or, in the absence of the
president, a deputy president.
(3) In the absence of the president and each deputy president, an
officer of the secretariat may call a meeting to consider
whether a parole order should be amended, suspended or
cancelled.
(4) The parole board may hold meetings, or allow board members
to take part in meetings, by using a contemporaneous
communication link between the members.
[s 234]
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(5) A board member who takes part in a meeting under
subsection (4) is taken to be present at the meeting.
(6) A question at a meeting of the parole board must be decided
by a majority of votes of the board members present.
(7) If there is an equality of votes, the board member presiding at
the meeting has a casting vote.
(8) A prisoner granted leave to appear before the parole board
under section 190 may appear before a meeting—
(a) by using a contemporaneous communication link
between the prisoner and the parole board; or
(b) if the prisoner has a special need—by attending
personally.
234 Meetings about particular matters relating to parole
orders
(1) This section applies if, at a meeting of the parole board, the
board is to—
(a) consider a prescribed prisoner’s application for parole;
or
(b) consider, under section 175M, if a no body-no parole
prisoner has given satisfactory cooperation.
(2) A matter mentioned in subsection (1) must not be considered
at the meeting unless the following board members are
present—
(a) the president, a deputy president or a professional board
member;
(b) at least 1 community board member;
(c) at least 1 permanent board member.
(3) In this section—
prescribed prisoner means—
(a) a prisoner mentioned in—
(i) section 181(1); or
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(ii) section 181A(1); or
(iii) section 182A(1) or (2); or
(iv) section 183(1); or
(v) section 185B(1)(a); or
(vi) section 193A(1); or
(b) a prisoner who is imprisoned for—
(i) an offence mentioned in the Penalties and
Sentences Act 1992, section 161A(a)(i); or
(ii) a serious sexual offence; or
(iii) an offence committed with the circumstance of
aggravation stated in the Penalties and Sentences
Act 1992, section 161Q(1); or
(iv) an offence against the Criminal Code,
section 315A; or
(c) a prisoner who has, at any time, been convicted of a
terrorism offence; or
(d) a prisoner the subject of a Commonwealth control order;
or
(e) a prisoner about whom the parole board has information
that indicates—
(i) the prisoner may have promoted terrorism; or
Note—
For when a person promotes terrorism, see section 247A.
(ii) there is a risk the prisoner may carry out a terrorist
act.
serious sexual offence see the Dangerous Prisoners (Sexual
Offenders) Act 2003, schedule 1.
235 Attendance of staff member at meetings
If asked to do so by the president, a deputy president or an
officer of the secretariat, a staff member must—
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(a) attend a meeting of the parole board, including by using
a contemporaneous communication link between the
staff member and the board; and
(b) give the information the parole board asks for to help it
decide a matter relating to a parole order.
Division 4A Publication of decisions
235A Parole board must publish particular information
(1) The parole board must publish the information prescribed by
regulation on the parole board’s website.
(2) Without limiting subsection (1), a regulation may prescribe—
(a) a decision or class of decision made by the president or
the board about a class of prisoner; and
(b) specified details of the decision.
Division 5 Parole Board Queensland
Secretariat
236 Establishment and functions
(1) The Parole Board Queensland Secretariat (the secretariat) is
established.
(2) The function of the secretariat is to support the parole board
by providing administrative and legal support for the
operation of the parole board.
(3) The chief executive may assign public service employees of
the chief executive’s department to the secretariat.
Note—
The employees are responsible to the chief executive under the Public
Sector Act 2022.
[s 237]
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Division 6 Pension entitlements of president
and deputy president
237 Judges pension scheme applies to former senior board
member
The Judges Pensions Act, other than sections 15 and 15A,
applies to a former senior board member as if a reference to a
judge in that Act includes a reference to the former senior
board member, but with—
(a) the changes set out in this division; and
(b) other changes necessary to enable that Act to apply to a
former senior board member.
238 Period for which person holds office as president or
deputy president
For applying the Judges Pensions Act to a former senior board
member under this division, the following are to be counted as
a period for which a person held office as the president or a
deputy president—
(a) any period, before the person’s appointment as the
president or a deputy president, that would be counted
as service as a judge for the Judges Pensions Act;
(b) any period, before the person’s appointment as the
president or a deputy president, for which the person
acted as the president or a deputy president.
239 Pension at end of appointment generally
(1) The Judges Pensions Act, sections 3 and 4 applies to a former
senior board member—
(a) if the member held office as the president or a deputy
president for at least 5 years; and
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(b) regardless of the age of the member when the person
ceased to hold the office of president or deputy
president.
Note—
See, however, section 241 for when a pension becomes payable.
(2) However, the annual pension to which the former senior board
member is entitled is an annual pension—
(a) at a rate equal to 6% of the prescribed salary for each
year for which the member held office as the president
or a deputy president; but
(b) up to a maximum of 60% of the prescribed salary.
240 Pension if appointment ends because of ill health
(1) The Judges Pensions Act, section 5 applies to a former senior
board member if—
(a) the member resigned the office of president or deputy
president and both of the following apply—
(i) a specialist health practitioner certifies to the
Minister that the member’s resignation is because
of permanent disability or infirmity;
(ii) the Minister is satisfied the member’s resignation
is because of permanent disability or infirmity; or
(b) the member’s appointment as president or deputy
president was terminated under section 226(3)(b)
because of a proved incapacity to perform the duties of
the office.
(2) However, the annual pension to which the former senior board
member is entitled is an annual pension—
(a) at a rate equal to 6% of the prescribed salary for each
year of the period consisting of—
(i) the period for which the former senior board
member held office as the president or a deputy
president; and
[s 241]
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(ii) the period for which the former senior board
member could have held office as the president or a
deputy president under the member’s terms and
conditions of appointment (including under an
option to renew the appointment for a further term)
if the member had not resigned, or the member’s
appointment had not been terminated, as
mentioned in subsection (1); but
(b) up to a maximum of 60% of the prescribed salary.
(3) Also, a former senior board member is entitled to an annual
pension as set out in this section only if the period mentioned
in subsection (2)(a) is at least 5 years.
(4) In this section—
specialist health practitioner see the Health Practitioner
Regulation National Law (Queensland), section 5.
241 When pension becomes payable
(1) This section applies if a former senior board member is
entitled to a pension under the Judges Pensions Act, as
applying under this division.
(2) The pension does not become payable until the former senior
board member reaches 65 years of age.
242 Pension of spouse and children on death of former senior
board member
(1) The Judges Pensions Act, sections 7 to 8A applies to a former
senior board member if the member is entitled to a pension
under the Judges Pensions Act, as applying under this
division.
(2) The Judges Pensions Act, sections 7 and 8A applies to a
spouse or child of a former senior board member who dies
before the member reaches 65 years of age in the way the
sections apply to a spouse or child of a judge who dies before
retirement.
[s 242A]
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(3) However, if the spouse or child is entitled to a pension under
the Judges Pensions Act, section 7 or 8A, the pension is not
payable to the spouse or child until the time when the former
senior board member would have reached 65 years of age.
(4) The Judges Pensions Act, sections 8 and 8A applies to a
spouse or child of a former senior board member who dies
after the member reached 65 years of age in the way the
sections apply to a spouse or child of a retired judge.
(5) In this section—
child includes adopted child.
242A What happens if former senior board member is removed
from office as a judge
The Judges Pensions Act, section 16 applies to a person who
is a former senior board member if the person was a judge
removed from office as mentioned in the section after the
person held office as the president or a deputy president.
242B What happens if former senior board member’s
appointment is terminated because of misconduct
This division does not apply to a former senior board member
if the member’s appointment is terminated under
section 226(3)(a), unless the Governor in Council decides
otherwise.
242C Former senior board member entitled to other pension
A pension is not payable, or stops being payable, under the
Judges Pensions Act in relation to a former senior board
member in the member’s capacity as a former senior board
member if a pension is payable under that Act in relation to
the member in the member’s capacity as—
(a) a judge; or
(b) a member of the Land Court, the industrial court, or the
industrial commission.
[s 242D]
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Note—
See the Judges Pensions Act, sections 2AC and 2BB for the pension
entitlements of persons who have been appointed as the president or a
deputy president.
242D Provision about agreements and court orders under
Family Law Act 1975 (Cwlth)
(1) The Judges Pensions Act, part 2, division 2 applies to a
former senior board member as follows—
(a) the reference to a retired judge in section 9 of that Act,
definition entitled former spouse is taken to be a
reference to a former senior board member;
(b) information allowed to be given under section 10 of that
Act includes information about a benefit for a person
who holds office as the president or a deputy president;
(c) sections 11 and 12 of that Act apply whether the person
is the president, a deputy president or a former senior
board member, at the operative time mentioned in the
section;
(d) section 13 of that Act applies in relation to a person who
is the president or a deputy president at the operative
time mentioned in the section and dies while holding
office as the president or a deputy president.
(2) However, if a person who is the president or a deputy
president at the operative time mentioned in the Judges
Pensions Act, section 13 dies before reaching 65 years of age,
the pension payable to the person’s entitled former spouse
under the section does not become payable until the time
when the person would have reached 65 years of age.
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Division 7 Other matters
242E Guidelines
The Minister may make guidelines about policies to help the
parole board in performing its functions.
242F Annual report
(1) For each financial year, the parole board must give the
Minister a report about—
(a) the operation of this Act in relation to parole orders,
other than court ordered parole orders; and
(b) the activities of the parole board.
(2) The report must state the number of persons who, in that
financial year, were—
(a) released on parole, other than under a court ordered
parole order; and
(b) returned to prison after their parole order, including a
court ordered parole order, was suspended or cancelled.
(3) The report must be given to the Minister on or before 30
September after the end of the financial year to which the
report relates.
(4) The Minister must table the report in the Legislative
Assembly within 14 sitting days after receiving the report.
242G Special report
If asked by the Minister, the parole board must give the
Minister a written report about the operation of this Act in
relation to—
(a) parole orders; or
(b) the performance of a function by the parole board.
[s 242GA]
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242GA Information relevant to administration
(1) If asked by the chief executive, the parole board must give the
chief executive stated information about a matter affecting the
management or administration of the board or the operations
of the secretariat.
(2) If asked by the chief executive, the information must be given
in writing.
242H Disclosure of interests
(1) This section applies to a board member if—
(a) the board member has an interest in an issue being
considered, or about to be considered, by the parole
board; and
(b) the interest conflicts or may conflict with the proper
performance of the board member’s duties about the
consideration of the issue.
(2) As soon as practicable after the relevant facts come to the
board member’s knowledge, the member must disclose the
nature of the interest to—
(a) the president; or
(b) if the member is the president, a deputy president.
(3) The disclosure must be recorded in the parole board’s
minutes.
(4) Unless the president, or deputy president, to whom the
disclosure was made otherwise decides, the board member
must not—
(a) be present when the parole board considers the issue; or
(b) take part in a decision of the parole board about the
issue.
(5) A contravention of this section does not invalidate any
decision of the parole board.
(6) However, if the parole board becomes aware a board member
contravened this section, the board must reconsider any
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decision made by the board in which the member took part in
contravention of this section.
242I Vacancies or failures in appointment of members
An act or proceeding of the parole board is not invalid by
reason only of—
(a) a vacancy in its membership; or
(b) a failure to comply with section 221(3) or (4).
Part 3 General
243 Legal proceedings
A legal proceeding based on an act, omission or decision of
the parole board may only be started against the board
members under the name of the board.
244 Corrective services officer subject to direction of parole
board
For enforcing a parole order, other than a court ordered parole
order, a corrective services officer is subject to the directions
of the parole board.
245 Chief executive must prepare and give report to parole
board
If asked to do so by the parole board, the chief executive must
give the board a report on, or information relating to, the
following—
(a) a prisoner’s application for a parole order, other than a
court ordered parole order, or approval of a resettlement
leave program;
(b) a prisoner;
(c) a parole order, including a court ordered parole order;
[s 246]
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(d) an approved resettlement leave program.
246 Invalidity of parole board’s acts, proceedings or
decisions
An act, proceeding or decision of the parole board is not
invalidated or in any way prejudiced only because of a
vacancy in the membership of the board at the time of the act,
proceeding or decision.
247 Authentication of document
A document made by the parole board for this Act is
sufficiently authenticated if it is signed by the president, or an
officer of the secretariat at the president’s direction.
247A When a person promotes terrorism
(1) For this chapter, a person promotes terrorism if the person—
(a) carries out an activity to support the carrying out of a
terrorist act; or
(b) makes a statement in support of the carrying out of a
terrorist act; or
(c) carries out an activity, or makes a statement, to advocate
the carrying out of a terrorist act or support for the
carrying out of a terrorist act.
(2) To remove any doubt, it is declared that a reference in
subsection (1) to a terrorist act—
(a) includes a terrorist act that has not happened; and
(b) is not limited to a specific terrorist act.
[s 248]
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Chapter 6 Administration
Part 1 Grant of financial assistance
Division 1 Application for grant
248 Application
An entity, other than a public sector entity, may apply in
writing to the chief executive for a grant of financial
assistance to provide a program or service to help prisoners or
their families.
249 No entitlement to financial assistance
The chief executive is not required to approve a grant of
financial assistance for an entity.
250 Approval of grant
(1) The chief executive may approve a grant of financial
assistance if satisfied the program or service funded by the
grant will—
(a) promote prisoner welfare; or
(b) help former prisoners reintegrate into the community
after their release from custody.
(2) In deciding whether to approve the grant, the matters the chief
executive may consider include the following—
(a) whether the program or service is currently provided
for;
(b) whether the entity is receiving financial assistance from
another source to provide the program or service, and if
so, the extent of the assistance.
[s 251]
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251 Who may receive approval for one-off financial
assistance
The chief executive may approve a grant of one-off financial
assistance for an entity.
Division 2 Conditions of grant
Subdivision 1 Agreement
252 No financial assistance without agreement
(1) If the chief executive approves a grant of financial assistance
for an entity, the chief executive must enter into a written
agreement with the entity (a financial assistance agreement)
for giving the financial assistance.
(2) The chief executive may give the financial assistance to the
entity only if the entity has entered into a financial assistance
agreement for the assistance.
(3) If the entity is not a body corporate, the member or members
of the entity as required by the chief executive, must agree in
writing to the conditions on which the grant is made.
(4) Despite subsection (2), the chief executive may give financial
assistance before a financial assistance agreement is entered
into if satisfied—
(a) there is an urgent need for the assistance; and
(b) it is not practicable to enter into a financial assistance
agreement before assistance is given.
(5) If subsection (4) applies, the entity must—
(a) before receiving the financial assistance, agree in
writing to enter into a financial assistance agreement
after receiving the assistance within a stated time
decided by the chief executive; and
(b) enter into the financial assistance agreement within that
time.
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(6) Recurrent financial assistance must stop if the entity has not
entered into a financial assistance agreement within the stated
time.
253 What financial assistance agreement is to contain
(1) A financial assistance agreement must state each of the
following the chief executive considers relevant to the
financial assistance—
(a) the amount of assistance;
(b) whether the assistance is recurrent or one-off assistance;
(c) the period of the agreement and, for recurrent
assistance, how often assistance is to be given;
(d) the type of program or service to be provided;
(e) the place at which the program or service is to be
provided;
(f) the way the entity is to report to the chief executive;
(g) the circumstances in which the entity is in breach of the
agreement;
(h) the action that may be taken by the chief executive for a
breach of the agreement, including the suspension or
stopping of financial assistance.
(2) A financial assistance agreement must also state that it is a
condition of the agreement that the grantee give the chief
executive written notice within 30 days after becoming aware
of any of the following matters, unless the grantee has a
reasonable excuse—
(a) the grantee’s address changes;
(b) for a nonprofit corporation—the grantee is under
external administration under the Corporations Act or a
similar law of a foreign jurisdiction;
(c) a matter prescribed under a regulation.
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(3) The agreement may also include other matters the chief
executive considers necessary to give effect to or enforce the
agreement.
(4) If there is an inconsistency between the agreement and
subdivisions 2 to 4, the agreement is ineffective to the extent
of the inconsistency.
254 Chief executive’s powers not limited by agreement
The chief executive’s powers under this part are not limited by
the inclusion of a matter in an agreement under section 253.
Subdivision 2 Insurance and prescribed
requirements
255 Insurance
(1) A grantee must ensure there is in force, for the program or
service for which financial assistance is given under this part,
adequate insurance cover to manage the risks to the grantee.
(2) Without limiting subsection (1), the insurance cover must
comply with any requirements under another law or the
financial assistance agreement.
256 Prescribed requirements
(1) A regulation may prescribe requirements relating to the
provision of programs or services by grantees.
(2) Without limiting subsection (1), a regulation may prescribe a
requirement about—
(a) how a grantee conducts its operations while providing a
program or service for which it has received financial
assistance under this part, including—
(i) financial management and accountability; and
(ii) corporate governance; or
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(b) how a grantee delivers the programs or services,
including—
(i) deciding eligibility and priority for programs or
services; and
(ii) giving information; and
(iii) resolving disputes.
(3) A requirement may include provision about—
(a) preparing, maintaining, publishing or implementing a
policy; or
(b) reporting to the chief executive; or
(c) maintaining any accreditation that is relevant to the
delivery of the program or service.
Example—
accreditation to deliver sexual assault counselling
257 Grantee must comply with prescribed requirements
A grantee must not contravene a prescribed requirement
relating to the provision of a program or service for which the
grantee has been given financial assistance under this part.
Notes—
1 Under section 262, a grantee may be given a compliance notice
requiring the grantee to remedy a contravention of a prescribed
requirement.
2 The extent of a grantee’s compliance with, or contravention of, a
prescribed requirement is likely to be a relevant matter for the chief
executive to consider when deciding the further assistance, if any,
to give to the grantee under this part.
3 A financial assistance agreement may include a provision about the
consequences of a contravention of a prescribed requirement.
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Subdivision 3 Monitoring compliance with
conditions
258 Chief executive’s examination of records
(1) The chief executive may ask a grantee to produce to the chief
executive records kept in relation to amounts received under
the grant.
(2) The chief executive may examine and make copies of, or take
extracts from, the records relating to the receipt and spending
of the amounts.
Subdivision 4 Noncompliance with conditions and
prescribed requirements
259 Chief executive’s powers if suspicion that condition not
complied with
The chief executive may exercise 1 or more of the powers
under sections 260 and 261 if the chief executive reasonably
suspects that a condition of a grant of financial assistance is
not being, or has not been, complied with.
260 Chief executive may ask grantee to provide explanation
(1) The chief executive may, in writing, ask the grantee to explain
to the chief executive why—
(a) further payments under the grant should be made; and
(b) amounts paid under the grant should not be required to
be refunded.
(2) The request must allow 21 days after the day of its receipt
before the grantee must give the explanation.
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261 Chief executive may suspend further payments
The chief executive may suspend further payments under the
grant if the chief executive makes a request under section 260
and the grantee—
(a) does not give an explanation to the chief executive
within 21 days after receiving the request; or
(b) fails to satisfy the chief executive that the conditions of
the grant are being, and have been, complied with.
262 Compliance notice
(1) This section applies if the chief executive reasonably believes
a grantee—
(a) is contravening a prescribed requirement; or
(b) has contravened a prescribed requirement in
circumstances that make it likely the contravention will
continue or be repeated.
(2) The chief executive may give the grantee a notice (a
compliance notice) requiring the grantee to remedy the
contravention.
(3) The compliance notice must state the following—
(a) that the chief executive reasonably believes the
grantee—
(i) is contravening a prescribed requirement; or
(ii) has contravened a prescribed requirement in
circumstances that make it likely the contravention
will continue or be repeated;
(b) the prescribed requirement the chief executive believes
is being, or has been, contravened;
(c) briefly, how it is believed the prescribed requirement is
being, or has been, contravened;
(d) that the grantee must remedy the contravention within a
stated reasonable time;
[s 263]
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(e) that if the grantee fails, without reasonable excuse, to
comply with the compliance notice, the chief executive
may, under subsection (5), not give financial assistance
to the grantee.
(4) The compliance notice may also state the steps that the chief
executive reasonably believes are necessary to remedy the
contravention, or avoid further contravention, of the
prescribed requirement.
(5) If the grantee fails to comply with the compliance notice, the
chief executive is not required to give any assistance, or
further assistance, to the grantee under a financial assistance
agreement in force when the relevant compliance notice was
given, despite any provision of the agreement.
(6) This section does not limit—
(a) a remedy available to the chief executive under a
financial assistance agreement; or
(b) the chief executive’s powers apart from this section.
Part 2 Chief executive
Division 1 General functions and powers
263 Functions and powers
(1) Subject to any direction of the Minister and any administrative
arrangements made by the Governor in Council, the chief
executive is responsible for—
(a) the security and management of all corrective services
facilities; and
(b) the safe custody and welfare of all prisoners; and
(c) the supervision of offenders in the community.
(2) The chief executive has—
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(a) the power to do all things necessary or convenient to be
done for, or in connection with, the performance of the
chief executive’s functions under an Act; and
Example—
The chief executive may order the inspection of a corrective
services facility whether or not an incident has happened at the
facility.
(b) the powers of an inspector, including the chief inspector,
and a corrective services officer.
(3) To remove any doubt, it is declared that the chief executive
may exercise a power mentioned in subsection (2)(b) in a
place other than a corrective services facility.
Example—
The chief executive may order a search of a prisoner who is in a vehicle
being used to transport offenders.
Division 2 Particular powers and obligations
264 Administrative directions
(1) The chief executive may, in writing, give an administrative
direction to facilitate the effective and efficient management
of corrective services.
Example—
a direction to ensure mobile telephones are not brought into a corrective
services facility
(2) Each person to whom the direction applies must comply with
it.
265 Administrative procedures
(1) The chief executive must make administrative procedures to
facilitate the effective and efficient management of corrective
services.
Example—
a procedure for dealing with applications for early discharge
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(2) The administrative procedures must take into account the
special needs of offenders.
(3) The chief executive must publish the administrative
procedures on the department’s website on the internet.
(4) However, the chief executive need not publish an
administrative procedure if the publication—
(a) may pose a risk to the security or good order of a
corrective services facility; or
(b) may compromise the safety or effective management of
offenders.
266 Programs and services to help offenders
(1) The chief executive must establish or facilitate programs or
services—
(a) for the religious welfare of prisoners; and
(b) to support the health and wellbeing of prisoners; and
(c) to help prisoners reintegrate into the community after
their release from custody, including by acquiring skills;
and
(d) to initiate, keep and improve relationships between
offenders and members of their families and the
community; and
(e) to help rehabilitate offenders.
(2) The programs or services must take into account the special
needs of offenders.
267 Monitoring devices
(1) If the chief executive considers it reasonably necessary, the
chief executive may, for monitoring an offender’s location,
direct the offender—
(a) to wear a stated device; or
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(b) to permit the installation of any device or equipment at a
stated place, including, for example, the place where the
offender resides.
Example—
The chief executive may require an offender who is released on parole
to wear a monitoring device.
(2) An offender who has been directed under subsection (1) or
section 200A(2) to wear a stated device or permit the
installation of any device or equipment (each associated
equipment) at a stated place must not, without a reasonable
excuse, remove or tamper with the stated device or associated
equipment.
Maximum penalty for subsection (2)—30 penalty units or 3
months imprisonment.
267A Establishing and operating particular infrastructure
(1) The chief executive may, on relevant premises, establish and
operate infrastructure to be used for a purpose relating to the
chief executive’s functions under section 263 or another Act,
including, for example—
(a) a community corrections office; or
(b) a facility for providing education and training to
corrective services officers; or
(c) a facility to be used for a purpose associated with a
corrective services facility.
Examples for paragraph (c)—
administration office, staff accommodation, storage facility
(2) In this section—
relevant premises means premises owned or leased by the
department on behalf of the State.
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269 Commissioner to provide police to help chief executive
(1) The chief executive may ask the commissioner to provide
police officers to help the chief executive in the performance
of the chief executive’s functions.
(2) The commissioner must comply with the request.
270 Community service
(1) The chief executive may, in writing, declare an activity to be
community service for this Act or the Penalties and Sentences
Act 1992.
(2) The chief executive may appoint an appropriately qualified
person (a community service supervisor) to supervise
offenders performing community service.
(3) A community service supervisor—
(a) ceases to be appointed at the end of the term stated in
the instrument of appointment; and
(b) may resign by signed notice given to the chief executive.
271 Delegation of functions of chief executive
(1) The chief executive may delegate to an appropriately qualified
person (the delegate) a function of the chief executive under
this Act, other than section 271B(3), 306F(1) or 306K(1).
(2) The delegation may permit the delegate to subdelegate the
delegated function to an appropriately qualified person.
(3) In this section—
appropriately qualified person includes any of the
following—
(a) an employee of the department;
(b) an engaged service provider or an employee of an
engaged service provider;
(c) a corrective services officer.
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function includes a power.
Division 3 Declaration of emergency
271A Definition for division
In this division—
corrective services facility includes part of a corrective
services facility.
271B Declaration of emergency
(1) This section applies if the chief executive—
(a) reasonably believes a situation exists that is likely to
threaten—
(i) the security or good order of a corrective services
facility; or
(ii) the health or safety of a prisoner or another person
at a corrective services facility; and
(b) is satisfied the situation justifies making a declaration
under this section.
(2) This section also applies if —
(a) there is a public health emergency; and
(b) the chief executive is satisfied the public health
emergency may affect the health or safety of a prisoner
or another person at a corrective services facility.
(3) The chief executive may—
(a) declare that an emergency exists in relation to the
corrective services facility for a stated period; and
(b) declare a place to be a corrective services facility (a
temporary corrective services facility) for the period the
declaration of the emergency is in force.
[s 271B]
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(4) However, the chief executive may declare an emergency under
subsection (3) only if the Minister approves the making of the
declaration.
(5) Before declaring an emergency under subsection (3), the chief
executive must take reasonable steps to consult with—
(a) for an emergency that relates to a disaster—
(i) the State disaster coordinator; and
(ii) the commissioner under the Fire Services Act
1990; and
(iii) if the State disaster coordinator is not a police
officer—the commissioner of the police service;
and
(b) for an emergency that relates to a public health
emergency—the chief health officer; and
(c) otherwise—the chief executive of a department or other
agency that has a function of co-coordinating the State’s
response to that type of emergency.
(6) A failure to consult under subsection (5) does not affect the
validity of a declaration made under this section.
(7) The chief executive must ensure the stated period for the
declaration is not longer than is reasonably necessary given
the emergency.
(8) However, the stated period for the declaration must not be
longer than—
(a) if the emergency relates to a public health
emergency—21 days; or
(b) if the emergency relates to a disaster that threatens the
security of a corrective services facility or safety of
people at the corrective services facility—14 days; or
(c) if the emergency relates to a risk to the health of
prisoners or another person at a corrective services
facility without also relating to a public health
emergency—7 days; or
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(d) for all other emergencies—3 days.
(9) The declaration lapses at the end of the stated period unless it
is sooner revoked by the chief executive.
(10) However, if the declaration relates to a public health
emergency and the public health emergency ends before the
declaration lapses under subsection (8), the declaration also
lapses.
(11) In this section—
chief health officer see the Hospital and Health Boards Act
2011, schedule 2.
disaster means a disaster within the meaning of the Disaster
Management Act 2003, section 13.
public health emergency means a public health emergency
declared under the Public Health Act 2005, section 319(2).
State disaster coordinator see the Disaster Management Act
2003.
271C Additional powers of chief executive during declared
emergency
(1) This section applies if the chief executive declares an
emergency exists in relation to a corrective services facility
under section 271B.
(2) While the declaration is in force, the chief executive may—
(a) restrict any activity in the corrective services facility,
including, for example, restricting movement within the
facility to the extent necessary because of the
emergency; or
(b) restrict access to the corrective services facility,
including, for example—
(i) refusing entry to the facility by any person; and
(ii) refusing entry to the facility by a person who
exhibits symptoms of a declared illness; and
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(iii) refusing entry to the facility by a person who has
not been screened for symptoms of a declared
illness; or
Example of screening for an illness—
taking the temperature of a person
(c) isolate prisoners in the corrective services facility to the
extent necessary because of the emergency, including,
for example, isolating prisoners, individually or in
groups, because of—
(i) damage to the facility; or
(ii) the need to quarantine prisoners likely to have been
exposed to a declared illness; or
(d) limit or withhold the privileges of a prisoner at the
corrective services facility if the chief executive
reasonably believes that because of the emergency it
will not be practicable for the prisoner to receive
privileges to the extent the prisoner would otherwise
have received them; or
(e) authorise the non-invasive screening of persons at or
entering the corrective services facility for symptoms of
a declared illness; or
(f) authorise police officers to perform a function or
exercise a power of a corrective services officer at the
corrective services facility, under the direction of the
senior police officer present; or
(g) transfer prisoners to another corrective services facility,
including a temporary corrective services facility
declared under section 271B(3)(b); or
(h) return prisoners to the corrective services facility.
(3) In this section—
declared illness, for a declaration made under section 271B,
means an illness for which the declaration was made.
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271D Publication of declaration of emergency
(1) As soon as possible after the chief executive declares an
emergency under section 271B, the chief executive must
publish the following information on the department’s
website—
(a) that the declaration was made;
(b) the reasons for making the declaration;
(c) the period for which the declaration is in effect;
(d) the powers that may be exercised because the
declaration was made.
(2) The chief executive must update the information published
under subsection (1) as soon as practicable after the
information changes.
Part 3 Engaged service providers
272 Engaging service provider
(1) The chief executive may, in writing, authorise an entity (an
engaged service provider) to perform an office holder’s
functions (authorised functions).
(2) When performing authorised functions, an engaged service
provider has the same powers as the office holder, including a
power of delegation, but not including the power to authorise
an engaged service provider under subsection (1).
(3) The chief executive may give the authority subject to stated
conditions, including, for example, a condition—
(a) that a particular power only be exercised subject to a
decision of the chief executive; or
Example—
a condition requiring the engaged service provider to obtain the
chief executive’s approval before delegating a particular power
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(b) imposing particular duties on the engaged service
provider’s employees.
Examples—
• a condition requiring the engaged service provider to ensure
the provider’s employees receive the training required by
the chief executive
• a condition requiring the engaged service provider to ensure
the provider’s employees are subject to the approved code
of conduct for public service agencies, and any approved
standard of practice for the department, under the Public
Sector Ethics Act 1994
(4) The authorisation of an engaged service provider to perform
an authorised function does not relieve the chief executive of
the chief executive’s obligation to ensure the function is
properly performed.
(5) Laws apply to the engaged service provider, and to persons in
relationship to the engaged service provider, in the
performance of an authorised function, or in the exercise of a
power for an authorised function, as if the engaged service
provider were the officer holder.
(6) In this section—
entity does not include a public service employee.
function, of an office holder, means a function of the office
holder under—
(a) this Act, other than the chief executive’s functions
relating to—
(i) the appointment of the chief inspector or
inspectors; and
(ii) the appointment or assignment of official visitors;
or
(b) another Act relating to corrective services.
office holder means—
(a) the chief executive; or
(b) a corrective services officer.
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273 Acts applying to engaged service provider
(1) The Right to Information Act 2009 and the Information
Privacy Act 2009, chapter 3 apply to an engaged service
provider prescribed under a regulation as if—
(a) the provider were an agency; and
(b) the holder of a specified office, prescribed under a
regulation, of the provider were the chief executive
officer of the provider; and
(c) the Minister were the responsible Minister.
(2) The Crime and Corruption Act 2001 applies to an engaged
service provider prescribed under a regulation as if—
(a) the provider were a unit of public administration; and
(b) the holder of a specified office, prescribed under a
regulation, of the provider were the chief executive
officer of the provider; and
(c) a person employed by the provider were a person
holding an appointment in a unit of public
administration.
(3) Subject to sections 17, 66(5), 68(6) and 71(4), the Judicial
Review Act 1991 applies to an engaged service provider
prescribed under a regulation as if—
(a) the provider were a State authority; and
(b) a decision of an administrative character made,
proposed to be made, or required to be made, by the
provider or a person employed by the provider, whether
or not in the exercise of a discretion, were a decision to
which that Act applies.
(4) The Ombudsman Act 2001 applies to an engaged service
provider prescribed under a regulation as if—
(a) the provider were an agency; and
(b) the holder of a specified office, prescribed under a
regulation, of the provider were the principal officer;
and
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(c) a person employed by the provider were an officer of an
agency; and
(d) the Minister were the responsible Minister.
(5) The Public Interest Disclosure Act 2010 applies to an engaged
service provider as if—
(a) the provider were a public sector entity; and
(b) a person employed by the provider were a public officer;
and
(c) the chief executive of the provider were the chief
executive officer of the provider.
274 Review of engaged service provider’s performance
(1) The chief executive may appoint an appropriately qualified
person to review an engaged service provider’s performance
of its authorised functions.
(2) The engaged service provider must allow the person unlimited
access to—
(a) records relating to the performance of the authorised
functions; or
(b) persons employed or engaged by the provider; or
(c) if the functions relate to the management of
prisoners—the relevant corrective services facility; or
(d) anything else stated in the appointment.
(3) The person must prepare a report on the review for the chief
executive.
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Part 4 Corrective services officers
275 Appointing corrective services officers
The chief executive may appoint an appropriately qualified
public service officer, or another appropriately qualified
person, as a corrective services officer.
276 Powers of corrective services officer
(1) A corrective services officer—
(a) has the powers given to the officer under an Act; and
(b) is subject to the directions of the chief executive in
exercising the powers.
(2) The powers may be limited—
(a) under a regulation; or
(b) under a condition of appointment; or
(c) by written notice given by the chief executive to the
corrective services officer.
277 Issue of identity card
(1) The chief executive must issue an identity card to each
corrective services officer.
(2) The identity card must—
(a) contain a recent photo of the corrective services officer;
and
(b) contain a copy of the corrective services officer’s
signature; and
(c) identify the person as a corrective services officer; and
(d) state an expiry date for the card.
(3) This section does not prevent the issue of a single identity
card to a person for this Act and other purposes.
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278 Production or display of identity card
(1) In exercising a power under this Act in relation to a person, a
corrective services officer must—
(a) produce the officer’s identity card for the person’s
inspection before exercising the power; or
(b) have the identity card displayed so it is clearly visible to
the person when exercising the power.
(2) However, subsection (1) does not apply if it is not practicable,
in the circumstances, to comply with the subsection.
279 Corrective services dog
The chief executive may, in the approved form, certify that a
dog is a corrective services dog.
280 Use of corrective services dog
(1) A corrective services dog may be used—
(a) to search for prohibited things; or
Example—
A corrective services dog may be used to do a scanning search of
persons in a corrective services facility for drugs.
(b) to search for prisoners; or
(c) to restrain a prisoner; or
(d) for the security or good order of a corrective services
facility; or
(e) if it is reasonably necessary to help a corrective services
officer perform functions under this Act.
(2) Subsection (1)(c) to (e) applies subject to the requirements of
chapter 3, part 5.
Note—
Chapter 3, part 5 deals with the use of force.
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281 Corrective services dog may accompany corrective
services officer
(1) A corrective services dog under the control of a corrective
services officer who is performing duties under this Act may
enter and remain on any place that the officer may lawfully
enter or remain on.
(2) Subsection (1) applies despite the provisions of any other Act
or law.
282 Application of local laws
The provisions of a local law do not apply to—
(a) a corrective services dog; or
(b) a corrective services officer handling a corrective
services dog in relation to anything done by the officer
in performing the officer’s duties under this Act.
Part 6 Official visitors
285 Appointing official visitor
(1) The chief executive may appoint an appropriately qualified
person as an official visitor for a period of up to 3 years.
(2) The person may be reappointed 1 or more times, for a period
of up to 3 years, if the chief executive is satisfied—
(a) the person continues to be appropriately qualified; and
(b) reappointing the person is likely to benefit a corrective
services facility or prisoners of a corrective services
facility.
(3) The chief executive must not appoint as an official visitor—
(a) an employee of a public sector entity; or
(b) an employee of an engaged service provider.
[s 286]
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(4) The person is appointed under this Act and not the Public
Sector Act 2022.
(5) The official visitor is prescribed not to be a public sector
employee for the Public Sector Act 2022, section 12(2)(g).
286 Assigning official visitor to corrective services facility
(1) The chief executive must ensure that—
(a) if 2 or more official visitors are assigned to visit a
corrective services facility, at least 1 of the official
visitors is a lawyer; and
(b) if a significant proportion of prisoners in custody in a
corrective services facility are Aboriginal or Torres
Strait Islander prisoners, at least 1 of the official visitors
assigned to visit the facility is an Aboriginal or Torres
Strait Islander person; and
(c) at least 1 of the official visitors assigned to visit a
corrective services facility for female prisoners is a
woman.
(2) An official visitor must visit the corrective services facility to
which the official visitor has been assigned—
(a) once each month, unless otherwise directed by the chief
executive; and
(b) when asked to do so by the chief executive.
(3) If an official visitor is unable to visit a corrective services
facility as required by subsection (2), the official visitor must
immediately notify the chief executive.
287 Remuneration, allowances and expenses
An official visitor is entitled to the remuneration, allowances
and expenses approved by the chief executive.
[s 288]
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288 Terminating appointment
(1) The chief executive may terminate an official visitor’s
appointment if the official visitor—
(a) is convicted of an indictable offence; or
(b) fails to perform the functions of an official visitor under
this Act; or
(c) while acting as an official visitor, solicits business or
otherwise fails to act properly in a matter in which the
official visitor’s personal interest conflicts with the
public interest; or
(d) does anything else the chief executive reasonably
considers is adequate justification for terminating the
appointment.
(2) An official visitor may resign by signed notice given to the
chief executive.
289 Prisoner’s request to see official visitor
(1) If a prisoner indicates to a corrective services officer that the
prisoner wants to see an official visitor, the corrective services
officer must—
(a) record the fact in an official visitor register; and
(b) advise an official visitor of the fact when the official
visitor next visits the corrective services facility.
(2) A prisoner is not required, and must not be asked, to tell a
corrective services officer why the prisoner wants to see an
official visitor.
290 Official visitor’s function
(1) An official visitor must investigate a complaint made by a
prisoner, but only if the complaint is—
(a) made by a prisoner at the corrective services facility to
which the official visitor is assigned; and
[s 290]
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(b) about an act or omission of any of the following relating
to the prisoner, whether the act was done or omission
made before or after the commencement of this
section—
(i) the chief executive;
(ii) a person purportedly performing a function, or
exercising a power, of the chief executive;
(iii) a corrective services officer.
(2) However, an official visitor must not investigate a complaint
if—
(a) it involves a matter that is currently before a court or
tribunal; or
(b) it can be more appropriately dealt with by another
person or agency; or
(c) it is made by a prisoner with whom the official visitor
had a prior personal or professional relationship; or
(d) the official visitor’s personal interest in the prisoner
conflicts with the public interest; or
(e) the official visitor reasonably suspects the complaint
involves or may involve corrupt conduct, unless the
chief executive has advised the official visitor that—
(i) the complaint has been referred to the Crime and
Corruption Commission; and
(ii) the Crime and Corruption Commission’s
chairperson has advised the chief executive that the
commission does not intend to investigate the
complaint; or
(f) the official visitor reasonably believes the complaint is
frivolous or vexatious.
(3) An official visitor must act impartially when investigating a
complaint.
[s 291]
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(4) An official visitor may arrange for another official visitor
assigned to the same corrective services facility to investigate
a complaint if—
(a) the other official visitor agrees; and
(b) the prisoner is not significantly prejudiced by a delay
because of the arrangement.
(5) After investigating a complaint, an official visitor—
(a) may make a recommendation to the chief executive; and
(b) must advise the prisoner—
(i) whether the official visitor has made a
recommendation to the chief executive; and
(ii) if a recommendation has been made—the terms of
the recommendation, without disclosing
confidential information.
(6) To remove any doubt, it is declared that—
(a) the chief executive is not bound by an official visitor’s
recommendation; and
(b) an official visitor can not overrule a decision about
which a complaint has been made.
291 Official visitor powers
(1) An official visitor assigned to a corrective services facility
may—
(a) enter the facility at any time, except when a declaration
of emergency is in force for the facility under
section 271B; and
(b) on request, have access to a place where the official
visitor may interview a prisoner out of the hearing of
other persons; and
(c) inspect and copy, at the facility, any document kept
under this Act relating to a complaint the official visitor
is investigating, other than a document to which legal
professional privilege attaches.
[s 292]
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(2) The chief executive must give an official visitor reasonable
help to exercise a power given to the official visitor under this
Act.
292 Official visitor reports
An official visitor must give to the chief executive—
(a) if asked by the chief executive, a written report about an
investigation; and
(b) each month, a written report summarising the number
and types of complaints the official visitor has
investigated.
Part 7 Elders, respected persons and
spiritual healers
293 Appointing elders, respected persons and spiritual
healers
The chief executive may appoint an Aboriginal or Torres
Strait Islander elder, respected person or indigenous spiritual
healer for a corrective services facility.
Part 8 Inspectors
Division 1 Appointment
294 Appointment and functions of inspectors
(1) The chief executive may appoint an appropriately qualified
person as an inspector.
(2) The function of an inspector is—
(a) to investigate an incident; or
[s 295]
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(b) to investigate alleged misconduct or alleged corrupt
conduct of a staff member; or
(c) to inspect a corrective services facility or a community
corrections office; or
(d) to review the operations of a corrective services facility
or a community corrections office; or
(e) to review services offered at a corrective services facility
or a community corrections office; or
(f) to review services provided under this Act by corrective
services officers to support the proper officer of a court.
Note—
The support provided under this Act comprises—
(a) helping the proper officer of a court under section 308; and
(b) performing functions and exercising powers delegated to
corrective services officers by the proper officer of a court
under section 309.
295 Appointing inspectors for an incident
(1) For each incident, the chief executive must appoint at least 2
inspectors.
(2) At least 1 of the inspectors must be—
(a) a person who is not an employee of—
(i) the department; or
(ii) an engaged service provider that administers the
corrective services facility at which the incident
happened; and
(b) if the incident involves an Aboriginal or Torres Strait
Islander prisoner—an Aboriginal or Torres Strait
Islander person.
(3) However, the chief executive need not appoint inspectors to
investigate an incident if the incident is being investigated by
an officer of a law enforcement agency.
[s 296]
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296 Appointing chief inspector
(1) The chief executive may appoint an inspector who is a public
service officer to be the chief inspector.
(2) In addition to the functions of an inspector, the chief inspector
has the function to coordinate—
(a) the official visitor scheme established for this Act; and
(b) inspections and reviews mentioned in section 294(2).
297 Appointment conditions and limit on powers
(1) An inspector holds office on any conditions stated in—
(a) the inspector’s instrument of appointment; or
(b) a signed notice given to the inspector; or
(c) a regulation.
(2) An inspector who is not a public service officer is entitled to
the remuneration, allowances and expenses approved by the
chief executive.
(3) The instrument of appointment, a signed notice given to the
inspector or a regulation may limit the inspector’s powers
under this Act.
(4) In this section—
signed notice means a notice signed by the chief executive.
298 Issue of identity card
(1) The chief executive must issue an identity card to each
inspector.
(2) The identity card must—
(a) contain a recent photo of the inspector; and
(b) contain a copy of the inspector’s signature; and
(c) identify the person as an inspector under this Act; and
(d) state an expiry date for the card.
[s 299]
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(3) This section does not prevent the issue of a single identity
card to a person for this Act and other purposes.
299 Production or display of identity card
(1) In exercising a power under this Act in relation to a person, an
inspector must—
(a) produce the inspector’s identity card for the person’s
inspection before exercising the power; or
(b) have the identity card displayed so it is clearly visible to
the person when exercising the power.
(2) However, if it is not practicable to comply with subsection (1),
the inspector must produce the identity card for the person’s
inspection at the first reasonable opportunity.
300 When inspector ceases to hold office
(1) An inspector ceases to hold office if any of the following
happens—
(a) the term of office stated in a condition of office ends;
(b) under another condition of office, the inspector ceases to
hold office;
(c) the inspector’s resignation under section 301 takes
effect.
(2) Subsection (1) does not limit the ways an inspector may cease
to hold office.
(3) In this section—
condition of office means a condition on which the inspector
holds office.
301 Resignation
An inspector may resign by signed notice given to the chief
executive.
[s 302]
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302 Return of identity card
A person who ceases to be an inspector must return the
person’s identity card to the chief executive within 14 days
after ceasing to be an inspector, unless the person has a
reasonable excuse.
Maximum penalty—10 penalty units.
Division 2 Powers
303 Inspector’s powers generally
(1) For performing a function mentioned in section 294(2), an
inspector may—
(a) at any time, enter—
(i) a corrective services facility; or
(ii) a community corrections office; or
(b) interview any prisoner or staff member; or
(c) on request, have access to a place in a corrective
services facility or community corrections office where
the inspector may interview a prisoner or staff member
out of the hearing of other persons; or
(d) inspect and copy any document kept at a corrective
services facility or community corrections office that is
relevant to the performance by the inspector of the
function for which the inspector was appointed, other
than a document to which legal professional privilege
attaches.
(2) A corrective services officer must give the inspector
reasonable help to exercise a power given to the inspector
under this Act.
[s 303A]
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303A Inspector’s powers relating to the proper officer of a
court
(1) For conducting a review under section 294(2)(f) of services
provided by corrective services officers to the proper officer
of a court, an inspector may—
(a) with the consent or at the request of the proper officer—
(i) enter an area in the court facilities not open to
members of the public; and
(ii) interview any prisoner, staff member, or court
officer present at the facilities; and
(iii) have access to a place in the facilities where the
inspector may conduct an interview under
subparagraph (ii) out of the hearing of other
persons; and
(iv) inspect and copy a document kept at the facilities
that is relevant to services provided by corrective
services officers, other than a document to which
legal professional privilege attaches; and
(b) request the proper officer to give stated information
relevant to the review.
(2) The proper officer of a court is not under an obligation to give
information requested by an inspector but, if the request is
refused, the proper officer must give the inspector a written
notice stating the reasons for the refusal.
304 Inspector’s power to require information
(1) This section applies if an inspector investigating an incident,
or alleged misconduct or alleged corrupt conduct of a staff
member, reasonably believes a person performing a function
under this Act may be able to give information about the
incident or alleged misconduct or alleged corrupt conduct.
(2) The inspector may require the person to give information
about the incident or alleged misconduct or alleged corrupt
conduct.
[s 305]
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(3) When making the requirement, the inspector must warn the
person it is an offence for the person not to give the
information, unless the person has a reasonable excuse.
(4) The person must give the information, unless the person has a
reasonable excuse.
Maximum penalty—40 penalty units or 6 months
imprisonment.
(5) It is a reasonable excuse for an individual to fail to give the
information if giving the information might tend to
incriminate the individual.
305 Inspectors’ reports
(1) The inspectors appointed to investigate an incident, or alleged
misconduct or alleged corrupt conduct of a staff member,
must give a written report to the chief executive stating the
result of the investigation and any recommendations.
(2) An inspector appointed to carry out an inspection, or to
conduct a review, mentioned in section 294(2) must give a
written report to the chief executive stating the result of the
inspection or review and any recommendations.
(3) If the report states the result of a review mentioned in
section 294(2)(f), the chief executive must give a copy of the
report to the proper officer of the court to whom the services
subject to the review were provided.
Part 9 Volunteers
306 Authorising volunteer
(1) The chief executive may, in writing, authorise a person (a
volunteer) to perform—
(a) unpaid work for the welfare of prisoners; or
(b) unpaid supervision of offenders who are subject to
community based orders.
[s 306A]
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(2) A volunteer must comply with any condition stated in the
authorisation and with any direction given by the chief
executive for the security or good order of the corrective
services facility.
(3) A volunteer is entitled to the payment of expenses approved
by the chief executive.
Part 9A Alcohol and drug testing
Division 1 Preliminary
306A Definitions for part
In this part—
alcohol test means a test for determining whether a corrective
services person is over the limit applying to the person when
the test is conducted.
corrective services officer recruit means a person who is
participating in a training program.
corrective services person see section 306B.
low alcohol limit see section 306C(b).
no alcohol limit see section 306C(a).
random alcohol test means an alcohol test conducted under
section 306F.
random substance test means a substance test conducted
under section 306K.
sample means—
(a) for an alcohol test—a sample of breath or blood; or
(b) for a substance test—a sample of urine or another bodily
substance, including, for example, hair or saliva.
[s 306B]
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substance test means a test for determining the presence and
concentration of a dangerous drug or targeted substance in a
sample taken from a corrective services person.
targeted substance means a substance, other than a dangerous
drug, that may impair a person’s physical or mental capacity.
training program means a training program about corrective
services, the successful completion of which is a requirement
for appointment as a corrective services officer.
306B Persons to whom part applies
This part applies to a person (a corrective services person)
who is—
(a) a corrective services officer; or
(b) a corrective services officer recruit.
Division 2 Provisions about alcohol testing
306C When is a person over the limit
For this part—
(a) a person is over the no alcohol limit if—
(i) the concentration of alcohol in the person’s breath
is more than 0g of alcohol in 210L of breath; or
(ii) the concentration of alcohol in the person’s blood
is more than 0g of alcohol in 100mL of blood; and
(b) a person is over the low alcohol limit if—
(i) the concentration of alcohol in the person’s breath
is, or is more than, 0.02g of alcohol in 210L of
breath; or
(ii) the concentration of alcohol in the person’s blood
is, or is more than, 0.02g of alcohol in 100mL of
blood.
[s 306D]
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306D Alcohol limits
(1) A corrective services person who is on duty for performing a
function or exercising a power under this Act or another Act
must not be over the low alcohol limit.
(2) A corrective services person who is on duty for performing a
function or exercising a power under this Act or another Act,
and is performing a role prescribed by regulation for this
section, must not be over the no alcohol limit.
(3) For subsections (1) and (2), a corrective services person is on
duty for performing a function or exercising a power under
this Act or another Act if the person—
(a) is about to perform the function or exercise the power;
or
(b) is performing the function or exercising the power; or
(c) has just performed the function or exercised the power.
306E Circumstances for alcohol testing
(1) The chief executive may require a corrective services person
to submit to an alcohol test if—
(a) the corrective services person has been involved in an
incident; or
(b) the test is required under section 306F; or
(c) the chief executive reasonably suspects the person is
contravening, or has contravened, section 306D(1) or
(2).
(2) The chief executive may require a corrective services officer
recruit to submit to an alcohol test at any time during the
period in which the recruit is participating in a training
program.
(3) The chief executive may require a person who has been
notified of the person’s appointment as a corrective services
officer recruit to submit to an alcohol test before the person
starts a training program.
[s 306F]
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306F Random alcohol testing
(1) The chief executive may require a corrective services person
to submit to a random alcohol test.
(2) A regulation may prescribe the criteria for deciding—
(a) when and where a random alcohol test may be
conducted; and
(b) other matters about the conduct of a random alcohol
test.
306G Giving samples for alcohol testing
(1) A regulation may prescribe the following for an alcohol test—
(a) the types of samples a person may be required to give;
(b) the methods of collection of a sample.
(2) The chief executive may require a corrective services person
to give to a person prescribed by regulation for this section (a
prescribed person) at a specified place and time a sample for
the purpose of an alcohol test.
(3) If the sample is required because the corrective services
person has been involved in an incident, the requirement must
be made and the sample must be given as soon as reasonably
practicable after the incident happens.
(4) The prescribed person may give reasonably necessary
directions to the corrective services person to facilitate the
giving of the sample for the alcohol test.
(5) As soon as practicable after the sample has been given, the
sample must be dealt with in the way prescribed by regulation
for this section.
306H Failure to give sample for alcohol testing
A corrective services person who fails to give a sample as
required for alcohol testing is taken to have been tested for
alcohol and to have been over the limit for alcohol applying to
the person when the failure happened.
[s 306I]
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Division 3 Provisions about drug testing
306I Dangerous drugs and targeted substances levels
(1) A corrective services person must not have evidence of a
dangerous drug present in a sample taken from the person at
any time for substance testing.
(2) A corrective services person who is lawfully taking a targeted
substance must not perform duties in or involving an
operational capacity or critical role if the substance impairs
the person’s capacity to perform the duties without danger to
the person or someone else.
(3) A corrective services person must not have present in a
sample taken from the person for substance testing—
(a) evidence of a targeted substance that the person may not
lawfully take; or
(b) evidence of having taken a targeted substance in a way
contrary to a direction of a health practitioner or a
recommendation of the manufacturer of the substance.
306J Circumstances for substance testing
(1) The chief executive may require a corrective services person
to submit to a substance test if—
(a) the corrective services person has been involved in an
incident; or
(b) the test is required under section 306K; or
(c) the chief executive reasonably suspects the person is
contravening, or has contravened, section 306I.
(2) The chief executive may require a corrective services officer
recruit to submit to a substance test at any time during the
period in which the recruit is participating in a training
program.
(3) The chief executive may require a person who has been
notified of the person’s appointment as a corrective services
[s 306K]
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officer recruit to submit to a substance test before the person
starts a training program.
306K Random substance testing
(1) The chief executive may require a corrective services person
to submit to a random substance test.
(2) A regulation may prescribe the criteria for deciding—
(a) when and where a random substance test may be
conducted; and
(b) other matters about the conduct of a random substance
test.
306L Giving sample for substance testing
(1) A regulation may prescribe the following for a substance
test—
(a) the types of samples a person may be required to give;
(b) the methods of collection of a sample.
(2) The chief executive may require a corrective services person
to give to a person prescribed by regulation (a prescribed
person) at a specified place and time a sample for the purpose
of a substance test.
(3) If the sample is required because the corrective services
person has been involved in an incident, the requirement must
be made and the sample must be given as soon as reasonably
practicable after the incident happens.
(4) The prescribed person may give reasonably necessary
directions to the corrective services person to facilitate the
giving of the sample for the substance test.
(5) As soon as practicable after the sample has been given, the
sample must be dealt with in the way prescribed by regulation
for this section.
[s 306M]
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306M Failure to give sample for substance testing
A corrective services person who fails to give a sample as
required for substance testing is taken to have been tested for a
targeted substance and to have been found to have had
evidence of a targeted substance in the person’s sample.
Division 4 What happens if a test result is
positive
306N Positive alcohol or substance test
(1) This section applies if an alcohol test or substance test
conducted under this part shows a corrective services person,
when tested—
(a) was over the limit applying to the person when the test
was conducted; or
(b) had evidence of a dangerous drug in the person’s
sample; or
(c) had evidence of a targeted substance in the person’s
sample and the person was contravening section 306I(2)
or (3).
(2) The chief executive may do any 1 or more of the following—
(a) suspend the corrective services person from duty until
the person is no longer over the relevant alcohol limit or
no longer has evidence of a dangerous drug or targeted
substance in a sample given by the person;
(b) correct the corrective services person by way of
guidance;
(c) require the corrective services person to undergo
counselling or rehabilitation approved by the chief
executive;
(d) require the corrective services person to submit to a
medical examination under the Public Sector Act 2022,
chapter 3, part 8, division 5;
[s 306O]
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(e) take disciplinary or other action against the corrective
services person under the Public Sector Act 2022,
chapter 3, part 8, division 3 or 4 or chapter 4, part 4,
division 3;
(f) require the corrective services person to submit to
further testing from time to time until the chief executive
is satisfied the reason for making the requirement no
longer exists.
(3) Subsection (2)(a), (b), (c) and (e) does not apply to the
corrective services person if the person was contravening
section 306I(2).
306O Effect of failure to comply
(1) This section applies if a corrective services person—
(a) fails to attend or complete counselling or rehabilitation
under a requirement under section 306N(2)(c); or
(b) fails to submit to a medical examination under a
requirement under section 306N(2)(d).
(2) The chief executive may take disciplinary action against the
corrective services person under the Public Sector Act 2022.
Division 5 General
306P Interfering with samples
A person must not unlawfully interfere with a sample given
under this part for an alcohol test or substance test.
Maximum penalty—100 penalty units.
306Q Alcohol or drug test results generally inadmissible
(1) Evidence of the following is inadmissible in a civil or criminal
proceeding before a court—
(a) anything done under this part;
[s 307]
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(b) the result of any test conducted under this part.
(2) Also, the chief executive and anyone else involved in any way
in anything done under this part can not be compelled to
produce to a court any document kept or to disclose to a court
any information obtained because of the doing of the thing.
(3) This section does not apply to—
(a) a proceeding for a charge of an offence arising from an
incident; or
(b) an inquest in a Coroners Court into the death of a person
in an incident; or
(c) a proceeding on an application under the Industrial
Relations Act 2016, section 317 for reinstatement
because of unfair dismissal; or
(d) an investigation or other proceeding under the Crime
and Corruption Act 2001; or
(e) disciplinary action as provided for under the Public
Sector Ethics Act 1994.
Part 10 Prisoners of a court
307 Prisoner in proper officer of a court’s custody
(1) A person who is required by law to surrender into the custody
of a court must do so by surrendering into the custody of the
proper officer of the court.
(2) A person who surrenders into the custody of a court is in the
custody of the proper officer of the court until—
(a) released on bail; or
(b) discharged from lawful custody; or
(c) otherwise dealt with as the court directs.
[s 308]
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308 Powers of proper officer of a court
(1) The proper officer of a court has, in relation to a prisoner of
the court or a person mentioned in section 310(1), all the
powers of the chief executive under this Act, in relation to a
prisoner, that are necessary for the discharge of the proper
officer’s functions.
(2) To help the proper officer of the court perform the proper
officer’s functions, the proper officer may ask—
(a) the chief executive to provide corrective services
officers; or
(b) the commissioner to provide police officers or, to the
extent the commissioner considers it appropriate,
watch-house officers.
(3) The chief executive or commissioner must comply with the
request.
(4) In helping the proper officer of the court, a corrective services
officer may—
(a) use the force the corrective services officer may use
under chapter 3, part 5 as if the prisoner of the court or
person mentioned in subsection (1) were a prisoner; and
(b) give a direction to the prisoner of the court or person
that the corrective services officer may give under
chapter 2, part 2, division 1 as if the prisoner of the
court or person were a prisoner; and
(c) conduct a search of the prisoner of the court or person
under chapter 2, part 2, division 3 as if an order of the
proper officer for the searching of the prisoner of the
court or person were an order of the chief executive.
(5) Subsection (4) does not limit the help the corrective services
officer may give to the proper officer of the court to perform
the proper officer’s functions.
(6) In helping the proper officer of the court, a watch-house
officer—
(a) is subject to any directions of the commissioner; and
[s 309]
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(b) may—
(i) exercise a power of a watch-house officer under the
Police Powers and Responsibilities Act 2000,
section 648, 649 or 652 as if the prisoner of the
court or person mentioned in subsection (1) were
in custody at a watch-house; and
(ii) use reasonably necessary force under the Police
Powers and Responsibilities Act 2000, section 653
for transferring or escorting the prisoner of the
court or person mentioned in subsection (1) to or
from a place mentioned in that section as if the
prisoner or person were in custody and the transfer
or escort were authorised by a watch-house
manager.
(7) Subsection (6)(b) does not limit the help the watch-house
officer may give to the proper officer of the court to perform
the proper officer’s functions.
(8) In this section—
watch-house officer see the Police Service Administration Act
1990, schedule 2.
309 Delegation of powers of proper officer of a court
(1) The proper officer of a court may delegate the proper officer’s
functions or powers under this Act to an appropriately
qualified person.
(2) The proper officer of a court may enter into a written
agreement with the chief executive or commissioner
governing the delegation of functions or powers by the proper
officer to corrective services officers or watch-house officers
(within the meaning of section 308), respectively.
(3) However, non-compliance with an agreement under
subsection (2) does not invalidate a delegation.
[s 310]
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310 Court cells
(1) A person who is not a prisoner of a court may be detained in a
court cell if the person is lawfully in custody to attend before a
court or another entity.
(2) While detained in the court cell, the person is in the custody of
the proper officer of the court where the court cell is located.
(3) The proper officer of the court is responsible for the
management, security and good order of the court cell, despite
anything in the Police Powers and Responsibilities Act 2000
or the Police Service Administration Act 1990.
(4) In this section—
court cell means a place attached to or near a court that—
(a) is not a corrective services facility; and
(b) is used for detaining prisoners of the court and other
persons.
Part 11 Property
Division 1 Prisoner’s money
311 Prisoners trust fund
(1) The chief executive must keep a trust fund called the prisoners
trust fund.
(2) The prisoners trust fund is to consist of an account for each
prisoner for whom an amount is received by the chief
executive.
(3) Subject to section 311A, all amounts received for a prisoner
by the chief executive must be paid into the prisoner’s account
in the prisoners trust fund.
(4) If the public trustee is managing the prisoner’s estate and the
public trustee asks for the payment, the chief executive must
pay the amount in the prisoner’s account to the public trustee.
[s 311A]
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(5) A prisoner may, with the chief executive’s approval, spend an
amount that is in the prisoner’s account.
(6) The chief executive may limit any or all of the following—
(a) the amount that may be received as a single receipt for a
prisoner;
(b) the amount that may be held in a prisoner’s account in
the prisoners trust fund;
(c) the amount a prisoner may spend.
(7) When a prisoner is discharged or released, the chief executive
must pay the prisoner the amount in the prisoner’s account.
311A Dealing with amounts received for prisoners in particular
cases
(1) This section applies if the chief executive receives an amount
for a prisoner and any of the following apply—
(a) the chief executive is not satisfied that the donor of the
amount is sufficiently identified;
(b) the donor of the amount is not an approved donor for the
prisoner;
(c) the donor of the amount was released from a corrective
services facility within 1 year before the chief executive
received the amount;
(d) the amount is more than the allowable receipt amount;
(e) payment of the amount into the prisoner’s account
would result in the balance of that account being more
than the allowable balance.
(2) The chief executive must return the amount to its donor.
(3) However, the chief executive may decide to receive an amount
for the prisoner even if the donor of the amount was released
from a corrective services facility within 1 year before the
chief executive received the amount.
[s 312]
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(4) If, despite making reasonable efforts, the chief executive can
not return the amount to its donor, the chief executive must, as
the chief executive considers appropriate—
(a) pay the amount to an entity nominated by the prisoner;
or
(b) keep the amount in the prisoner’s account until the
prisoner is discharged or released.
(5) A donor is an approved donor for a prisoner unless the chief
executive decides not to receive an amount for the prisoner
from the donor for payment into the prisoner’s account in the
prisoners trust fund.
(6) To remove any doubt, the prisoner can not access an amount
held in the prisoner’s account under subsection (4)(b).
(7) In this section—
allowable balance, for a prisoner’s account, means the
amount allowed under section 311(6)(b).
allowable receipt amount means the amount allowed for a
single receipt for a prisoner under section 311(6)(a).
donor, of an amount received for a prisoner, means the person
from whom the amount is received.
prisoner’s account, for a prisoner, means the prisoner’s
account mentioned in section 311(2).
312 Trust account records
The chief executive must keep records of the administration of
each prisoner’s account, noting each payment to the account
and each deduction from the account.
313 Payments to prisoner’s account
The chief executive may pay an amount into a prisoner’s
account for the following purposes—
(a) allowances for basic amenities;
[s 314]
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(b) another purpose prescribed under a regulation.
314 Deductions from prisoner’s account
The chief executive may deduct an amount from a prisoner’s
account for the following purposes—
(a) if the prisoner asks, to help the prisoner to attend an
approved activity, course or program or for a leave of
absence;
(b) to reimburse the chief executive for any payments made
to help the prisoner to attend an approved activity,
course or program or for a leave of absence;
(c) to reimburse the chief executive for the cost of replacing
or repairing any property the prisoner wilfully damaged
or destroyed during the commission of—
(i) an offence against this Act or a breach of
discipline; or
(ii) an offence for which the prisoner is convicted, if
the reimbursement is in accordance with a court
order under the Penalties and Sentences Act 1992;
(d) to buy or rent goods for the prisoner, at the prisoner’s
request;
(e) to pay for, or contribute to the cost of, the prisoner’s
travel on discharge or release from the corrective
services facility;
(f) another purpose prescribed under a regulation.
315 Investment of prisoners trust fund
(1) The chief executive may invest amounts held in the prisoners
trust fund in a financial institution.
(2) The chief executive must apply any interest earned on the
investment for the general benefit of prisoners and report
annually to the Minister on the application of the interest.
[s 316]
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316 Remuneration for prisoner
(1) The chief executive may approve an activity or program to be
an activity or program for which remuneration, at rates set by
the chief executive, may be paid to a prisoner.
(2) The chief executive must review the remuneration rates at
least once every year.
(3) The chief executive may withhold remuneration from a
prisoner who—
(a) has not diligently undertaken the activity or program; or
(b) refuses to participate in an activity or program for which
an approval has been given under subsection (1).
Division 2 Other property of prisoner
317 Bringing property into corrective services facility
(1) The chief executive may allow property to be brought into a
corrective services facility for a prisoner (the prisoner’s
property).
(2) However, the chief executive may impose conditions about
the prisoner’s property, including, for example, a condition—
(a) limiting the property’s use; or
(b) that the property be safe for use; or
(c) that the property be stored by the chief executive in safe
custody until the prisoner’s release from custody.
(3) The prisoner must pay any costs incurred in deciding whether
the prisoner’s property is safe for use.
(4) If the prisoner fails to pay the costs, the chief executive may
refuse to allow the prisoner’s property to enter the corrective
services facility.
(5) A regulation may be made about the property that a prisoner
may keep in a corrective services facility, including, for
example, the amount of property a prisoner may keep.
[s 318]
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(6) The chief executive must keep a record describing the
property brought into the corrective services facility for each
prisoner.
318 Dealing with property if prisoner escapes
(1) If a prisoner escapes, the prisoner’s property kept in a
corrective services facility is taken to have been abandoned,
and is forfeited to the State.
(2) The chief executive may dispose of, or destroy, the property.
Part 12 Compensation
319 Compensation for lost or damaged property
(1) A person may claim compensation from the State if, when the
person was in the chief executive’s custody, the person’s
property was lost or damaged while—
(a) stored by the chief executive; or
(b) being transported by the chief executive between
corrective services facilities.
(2) The person may apply to the chief executive for payment of an
amount by the State for the loss or damage.
(3) The application is to be decided by the chief executive.
(4) The chief executive may approve the payment of an amount if
satisfied the payment is justified in the circumstances.
(5) In this section—
property means property recorded under section 317(6).
[s 319A]
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Part 12A Discrimination complaints
Division 1 Preliminary
319A Definitions
In this part—
protected defendant means—
(a) the State, but only in relation to a matter arising out of
the administration of this Act; or
(b) an engaged service provider; or
(c) a community service supervisor; or
(d) an entity employed or engaged under this Act whose
functions include rehabilitating offenders; or
(e) an entity that is joined in a proceeding about a
contravention of the Anti-Discrimination Act brought
by an offender against an entity mentioned in
paragraph (a), (b), (c), (d) or (f); or
(f) an individual employed or engaged by an entity
mentioned in paragraph (a), (b), (c), (d) or (e).
relevant person means a person mentioned in section 134(1)
or (3) of the Anti-Discrimination Act.
Editor’s note—
Anti-Discrimination Act, section 134 (Who may complain)
tribunal means QCAT.
319B Purpose of part and its achievement
(1) The purpose of this part is to maintain a balance between—
(a) the financial and other constraints to which protected
defendants are subject in their treatment of offenders;
and
[s 319C]
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(b) the need to continue to respect offenders’ dignity.
(2) The purpose is achieved primarily by—
(a) requiring offenders to use internal complaints
procedures provided by the department for complaining
about an alleged contravention of the
Anti-Discrimination Act before complaining under that
Act about a contravention; and
(b) modifying the Anti-Discrimination Act’s application to
the treatment of offenders by protected defendants.
319C Relationship with Anti-Discrimination Act
This part applies despite the Anti-Discrimination Act.
Division 2 Restrictions on complaints
319D No property or interest in right of complaint
(1) Nothing in this part prevents a relevant person complaining to
the human rights commissioner under the Anti-Discrimination
Act, section 134 about an alleged contravention of that Act
committed by a protected defendant against an offender.
(2) However, the offender has no property or interest in the right
of complaint.
(3) Subsection (1) applies subject to section 319E.
319E Complaint to chief executive required first
(1) A relevant person can not complain to the human rights
commissioner under the Anti-Discrimination Act, section 134
about an alleged contravention of that Act committed by a
protected defendant against an offender until—
(a) if the offender was detained in a corrective services
facility when the alleged contravention happened—at
least 4 months after the offender makes a written
[s 319G]
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complaint about the alleged contravention to the chief
executive at the corrective services facility where the
offender was detained; or
(b) if the offender was not detained in a corrective services
facility when the alleged contravention happened—at
least 4 months after the offender makes a written
complaint about the alleged contravention to the chief
executive at the community corrections office where the
offender was required to report to a corrective services
officer.
(2) However, subsection (1) does not apply if the offender is
notified in writing by the chief executive that the chief
executive has finished dealing with the offender’s complaint.
Division 3 Modifications
319G When treatment of offender by protected defendant is not
direct discrimination
(1) This section applies if a protected defendant treats, or
proposes to treat, an offender with an attribute less favourably
than another offender without the attribute in circumstances
that are the same or not materially different.
(2) For the Anti-Discrimination Act, section 10 the protected
defendant does not directly discriminate against the offender
if the treatment, or proposed treatment, is reasonable.
(3) In considering whether the treatment, or proposed treatment,
is reasonable, the tribunal must consider any relevant
submissions made about any of the following—
(a) the security and good order of any corrective services
facility in which the offender was detained when the
protected defendant treated, or proposed to treat, the
offender less favourably;
(b) the cost to the protected defendant of providing
alternative treatment;
[s 319H]
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(c) the administrative and operational burden that providing
alternative treatment might place on the protected
defendant;
(d) the disruption to the protected defendant that providing
alternative treatment might cause;
(e) the budget constraints of the protected defendant;
(f) the resources constraints of the protected defendant;
(g) whether the treatment, or proposed treatment,
adequately meets the needs of the offender,
notwithstanding the availability of alternative treatment
that more ideally meets the needs of the offender;
(h) the need to respect offenders’ dignity;
(i) whether the treatment, or proposed treatment, unfairly
prejudices other offenders;
(j) any other matter the tribunal considers relevant.
(4) In a case involving an allegation of direct discrimination by an
offender against a protected defendant, the protected
defendant must prove, on the balance of probabilities, that the
treatment, or proposed treatment, is reasonable.
319H When term imposed on offender by protected defendant
is not indirect discrimination
(1) This section applies if a protected defendant imposes, or
proposes to impose, a term—
(a) with which an offender with an attribute does not or is
not able to comply; and
(b) with which a higher proportion of offenders without the
attribute comply or are able to comply.
(2) In considering whether for the Anti-Discrimination Act,
section 11(1)(c) the term is reasonable, the tribunal must
consider any relevant submissions made about any of the
following—
[s 319I]
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(a) the security and good order of any corrective services
facility in which the offender was detained when the
protected defendant imposed, or proposed to impose,
the term;
(b) the cost to the protected defendant of imposing an
alternative term;
(c) the administrative and operational burden that imposing
an alternative term might place on the protected
defendant;
(d) the disruption to the protected defendant that imposing
an alternative term might cause;
(e) the budget constraints of the protected defendant;
(f) the resources constraints of the protected defendant;
(g) whether the imposing of, or proposal to impose, the
term adequately meets the needs of the offender,
notwithstanding the availability of an alternative term
that more ideally meets the needs of the offender;
(h) the need to respect offenders’ dignity;
(i) whether the imposing of, or proposal to impose, the
term unfairly prejudices other offenders;
(j) any other matter the tribunal considers relevant.
(3) In this section—
term includes condition, requirement or practice, whether or
not written.
319I Restrictions on tribunal compensation orders
(1) This section applies if the tribunal decides a protected
defendant contravened the Anti-Discrimination Act in relation
to an offender.
(2) The tribunal may make a compensation order only if it—
(a) finds that the contravention happened because of an act
or omission done or made in bad faith; and
[s 319J]
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(b) considers that no non-compensatory order effectively
redresses the offender for the contravention.
(3) If the tribunal decides to make a compensation order, it must
give the protected defendant and the offender written reasons
that no non-compensatory order effectively redresses the
offender for the contravention.
(4) Also, if the tribunal decides to make a compensation order—
(a) the tribunal can not require that payment of an amount
of compensation, or interest on an amount of
compensation, be paid directly to the offender; and
(b) the order has effect as an award of compensation only
for part 12B; and
(c) the offender has no property or interest in the
compensation.
(5) In this section—
compensation order means an order under the
Anti-Discrimination Act, section 209(1)(b).
non-compensatory order means an order under the
Anti-Discrimination Act, section 209(1) other than a
compensation order.
Part 12B Victim trust funds
Division 1 Preliminary
319J Definitions
In this part—
award of compensation, in relation to a person, means—
(a) an amount of compensation (including any interest on
the amount), that has been finally decided, in relation to
the person under the Anti-Discrimination Act,
section 209(1)(b) or (g) for a contravention of that Act
[s 319J]
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committed by a protected defendant while the person
was an offender; or
(b) an obligation to pay an amount of compensation in
relation to the person under an agreement between the
person and a protected defendant relating to a complaint
under the Anti-Discrimination Act about an alleged
contravention of that Act committed by the protected
defendant against the person while the person was an
offender.
award of damages, in relation to a person, means—
(a) an award of damages (including any interest), that has
been finally decided, in relation to the person by a court
for a civil wrong committed by a protected defendant
against the person while the person was an offender; or
(b) an obligation to pay damages in relation to the person
under an agreement between the person and a protected
defendant relating to a cause of action by the person
against the protected defendant for a civil wrong
committed by the protected defendant against the person
while the person was an offender.
child support registrar means the child support registrar
under the Child Support (Registration and Collection) Act
1988 (Cwlth), section 10.
collection entity means—
(a) the chief executive of the department in which the
Victims of Crime Assistance Act is administered; or
(b) the SPER registrar; or
(c) the child support registrar.
disbursements includes outlays.
eligible entity claim see section 319ZC(3).
eligible victim claim see section 319X(3).
entity claim see section 319Z.
[s 319K]
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finally decided, for an award of compensation or an award of
damages, means—
(a) that the period for appealing against the award has
ended and no appeal has been made; or
(b) that all appeals against the award have been withdrawn
or finally decided.
potential claimant, for the chief executive, means a person
who, from documents held by the chief executive or made
available to the chief executive under section 319U in relation
to offences committed or allegedly committed by the person
in relation to whom the relevant award was made, appears to
have a victim claim against the person in relation to whom the
relevant award was made.
relevant award, for a provision about a victim trust fund,
means the award of relevant money that forms the fund.
relevant money, awarded in relation to a person, means—
(a) an award of damages in relation to the person against a
protected defendant; or
(b) an award of compensation in relation to the person
against a protected defendant.
SPER means the registry established under the State Penalties
Enforcement Act 1999, part 2.
SPER registrar means the registrar of SPER under the State
Penalties Enforcement Act 1999, section 10.
victim claim see section 319S(1).
victim trust fund means the following—
(a) a victim trust fund mentioned in section 319N(2);
(b) in relation to relevant money—the victim trust fund
formed by the money.
319K Relationship between divs 2 to 4 and div 5
Divisions 2 to 4 are subject to division 5.
[s 319L]
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Division 2 Restrictions on causes of action
and agreements
319L No property or interest in causes of action
(1) This section applies if a protected defendant commits a civil
wrong against a person while the person is an offender.
(2) The person may bring a proceeding in a court in relation to the
civil wrong.
(3) However, the person has no property or interest in—
(a) a cause of action for the civil wrong; or
(b) any relevant money awarded in a proceeding mentioned
in subsection (2).
(4) If, in the proceeding, the person establishes the liability of the
protected defendant for the civil wrong, the court—
(a) may order the protected defendant to pay damages for
harm or injury suffered by the person because of the
civil wrong; and
(b) must order that the damages be dealt with under this
part.
(5) The Civil Liability Act 2003 and the Personal Injuries
Proceedings Act 2002 apply to the proceeding.
319M No property or interest under agreements
(1) This section applies if a protected defendant enters into an
agreement with a person about the liability of the protected
defendant to pay an amount of damages or compensation,
however described, in relation to a civil wrong committed by
the protected defendant against the person while the person
was an offender.
(2) The agreement contains the following implied terms—
(a) the damages or compensation that must be paid by the
protected defendant must be dealt with under this part;
[s 319N]
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(b) the person has no property or interest in the damages or
compensation.
(3) An agreement between the protected defendant and the person
to deal with the amount of damages or compensation other
than as provided by this part is void.
(4) In this section—
damages or compensation includes any interest payable on
the damages or compensation.
Division 3 Establishment of victim trust fund
319N Relevant money held in trust in a victim trust fund
(1) Relevant money awarded in relation to a person—
(a) is held in trust by the protected defendant liable to pay
the relevant money for the payment of the following—
(i) any awards on eligible victim claims against the
person;
(ii) any amounts of eligible entity claims against the
person; and
(b) may be paid out only as allowed under this part.
(2) Relevant money held by a protected defendant in trust under
this part forms a fund (a victim trust fund).
(3) This section is subject to any Act of the State or the
Commonwealth requiring the protected defendant to pay the
relevant money to someone else.
Note—
Section 319ZG also provides an exception to this section for medical
expenses. Section 319ZH provides an exception for legal costs.
319O Chief executive to be notified of victim trust fund
(1) This section applies to the following protected defendants
liable to pay an award of relevant money—
[s 319P]
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(a) a protected defendant mentioned in section 319A,
definition protected defendant, paragraph (a) if the
protected defendant’s liability to pay the award of
relevant money arose because of an act or omission of
an individual who is not employed or engaged by the
department;
(b) a prescribed protected defendant.
(2) The protected defendant must, as soon as reasonably
practicable but at least within 7 days after the relevant money
is awarded, give the chief executive a written notice stating—
(a) the name of the person in relation to whom the award
was made; and
(b) the date the award was made; and
(c) the amount of the award; and
(d) the date the victim trust fund was transferred, or is
intended to be transferred, to the public trustee.
Maximum penalty for a prescribed protected defendant—2
penalty units.
(3) In this section—
prescribed protected defendant means—
(a) a protected defendant mentioned in section 319A,
definition protected defendant, paragraph (b) to (e); or
(b) a protected defendant mentioned in section 319A,
definition protected defendant, paragraph (f) who is an
individual employed or engaged by a protected
defendant mentioned in paragraph (a).
319P Victim trust fund to be transferred to public trustee
(1) A protected defendant liable to pay an award of relevant
money must transfer the victim trust fund to the public trustee
within 1 month after the protected defendant—
[s 319Q]
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(a) knows the amount of the relevant money that is required
by an Act of the State or the Commonwealth to be paid
to someone else; or
(b) is satisfied that none of the relevant money is required
by an Act of the State or the Commonwealth to be paid
to someone else.
Maximum penalty for a prescribed protected defendant—2
penalty units.
(2) The public trustee must—
(a) hold the victim trust fund under this part; and
(b) pay an amount out of the victim trust fund only as
allowed under this part.
(3) Interest or other money received or realised on the investment
of the victim trust fund is payable to and forms part of the
victim trust fund.
(4) In this section—
prescribed protected defendant means—
(a) a protected defendant mentioned in section 319A,
definition protected defendant, paragraph (b) to (e); or
(b) a protected defendant mentioned in section 319A,
definition protected defendant, paragraph (f) who is an
individual employed or engaged by a protected
defendant mentioned in paragraph (a).
319Q Discharge of protected defendant
(1) The public trustee must give the protected defendant a receipt
for a victim trust fund transferred to the public trustee under
section 319P within 14 days after the public trustee receives
the fund.
(2) The receipt is sufficient discharge to the protected defendant
as to the victim trust fund and on receiving the receipt, the
protected defendant is not liable or accountable for the victim
[s 319R]
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trust fund or liable for the application, distribution or
appropriation of the victim trust fund.
(3) The public trustee must give a copy of the receipt to the chief
executive at the same time the public trustee gives the
protected defendant the receipt.
319R Relevant money to form a separate victim trust fund
(1) If relevant money is awarded in relation to a person more than
once, each award forms a separate victim trust fund.
(2) This part must be complied with for each of the victim trust
funds.
Example—
If relevant money is awarded in relation to a person on 1 January and 1
October, the relevant money awarded on each occasion forms a separate
victim trust fund. The notification requirements under section 319T
must be complied with for each of the funds.
Division 4 Distribution of victim trust fund
Subdivision 1 Victim claims
319S What is a victim claim
(1) A person has a claim (a victim claim) against someone else
(the relevant person) if the person has a cause of action
against the relevant person for an injury to the person caused
by the conduct of the relevant person that, on the balance of
probabilities, constitutes an offence.
(2) Subsection (1) applies—
(a) whether or not the relevant person is prosecuted for, or
convicted of, an offence in relation to the conduct; and
(b) even if the relevant person is found to have been
suffering from unsoundness of mind in relation to the
[s 319T]
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conduct, or unfit for trial, under the Mental Health Act
2016, chapter 5, part 3.
(3) In this section—
injury includes fatal injury.
Note—
See the Succession Act 1981, section 66 (Survival of actions).
319T Notice to potential claimants
(1) The chief executive must, within 1 month after receiving the
copy of the receipt mentioned in section 319Q(3), give each
potential claimant a written notice stating—
(a) the name of the person in relation to whom relevant
money has been awarded (the relevant person); and
(b) that there is a victim trust fund; and
(c) that the potential claimant may have a victim claim
against the relevant person and that the victim claim
may be payable from the victim trust fund; and
(d) the period within which the potential claimant must start
a proceeding in a court on a victim claim to have an
eligible victim claim against the relevant person; and
(e) the other steps the potential claimant must take for the
potential claimant to have an eligible victim claim
against the relevant person.
(2) The chief executive is taken to have complied with
subsection (1) if the chief executive—
(a) gives a written notice to each potential claimant at the
address of the potential claimant last known to the chief
executive; or
(b) publishes a notice in the gazette containing the
information mentioned in subsection (1).
[s 319U]
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319U Identification of potential claimants
(1) The chief executive may consult with the following persons
for the purpose of identifying potential claimants for a victim
trust fund—
(a) the commissioner of the police service;
(b) the director of public prosecutions;
(c) the chief executive of the department in which the
Victims of Crime Assistance Act is administered.
(2) The disclosure of information by the director of public
prosecutions for the purpose mentioned in subsection (1) is a
disclosure under an Act for the Director of Public
Prosecutions Act 1984, section 24A.
(3) The disclosure of information by the commissioner of the
police service for the purpose mentioned in subsection (1) is
an authorised or permitted disclosure under an Act for the
Police Service Administration Act 1990, section 10.1.
(4) The disclosure of information by the chief executive of the
department in which the Victims of Crime Assistance Act is
administered for the purpose mentioned in subsection (1) is
authorised despite any other Act or law.
(5) If the chief executive is satisfied there are no potential
claimants for a victim trust fund, the chief executive must, as
soon as reasonably practicable after being so satisfied, give
written notice of that fact to the public trustee.
319V Giving of information to potential claimants
(1) The chief executive must, in response to a request made by a
potential claimant and as soon as reasonably practicable after
the request is received, give the potential claimant the
information the chief executive is reasonably able to give
about—
(a) the relevant award; and
(b) the amount of the victim trust fund; and
[s 319W]
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(c) any other victim claims against the person in relation to
whom the relevant money was awarded that may be
payable from the victim trust fund and of which the
chief executive has been given notice under
section 319X(5).
(2) The giving of information under subsection (1)—
(a) is allowed despite an agreement to which the protected
defendant liable to pay the relevant award is a party that
would otherwise prohibit or restrict the disclosure of
information about the relevant award; and
(b) is not a contravention of the agreement.
(3) However, the giving of information under subsection (1) must
not include the giving of someone else’s personal information,
unless that person has given written consent to its giving.
(4) A potential claimant to whom information is given under
subsection (1) must not disclose the information to someone
else other than—
(a) for the purpose of obtaining legal advice or
representation, or for a proceeding, relating to a victim
claim by the potential claimant against the person in
relation to whom the relevant money was awarded; or
(b) as required by law; or
(c) for information that is personal information of someone
else—with the consent of that person.
Maximum penalty—50 penalty units.
(5) In this section—
personal information, of a person, means the person’s name
and address, or other information that may identify the person.
319W Starting of victim claims proceedings despite expiry of
limitation period
(1) If relevant money is awarded in relation to a person (the
relevant person), an action on a victim claim against the
relevant person may be brought by a potential claimant—
[s 319X]
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(a) by a proceeding started within 6 months after the chief
executive gives the written notice as mentioned in
section 319T(1); and
(b) despite the Limitation of Actions Act 1974, section 11.
Note—
See section 478E about the application of this part to civil wrongs
committed before the commencement of that section.
(2) However, an award of damages in a proceeding brought under
this section—
(a) has effect only to allow the payment under section 319Y
of all or part of those damages out of the victim trust
fund; and
(b) can not otherwise be enforced against the relevant
person or the relevant person’s property.
319X Notifying victim claims
(1) This section applies if a person has a victim claim against
someone else in relation to whom relevant money was
awarded (the relevant person) and the person either—
(a) started a proceeding in a court on the claim against the
relevant person before the award was made; or
Example for paragraph (a)—
The person started a proceeding in a court on a claim for
personal injury against an offender 5 years before the award of
offender money in relation to the offender.
(b) starts a proceeding in a court on the claim against the
relevant person within 6 months after the chief executive
gives a written notice as mentioned in section 319T(1).
(2) The person may notify the public trustee of the victim claim
by giving the public trustee—
(a) written notice of the proceeding within 6 months after
the chief executive gives a written notice as mentioned
in section 319T(1); and
[s 319Y]
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(b) the further details of the proceeding or any award of
damages made in relation to the victim claim, if any, that
are reasonably requested by the public trustee to enable
the public trustee to perform its functions under this
part.
(3) A victim claim notified to the public trustee as mentioned in
subsection (2) is an eligible victim claim.
(4) The public trustee may reject a victim claim if the person fails
to comply with a request for further details under
subsection (2)(b) without reasonable excuse.
(5) The public trustee must give a copy of the written notice or the
further details received under subsection (2) to the chief
executive within 14 days after receiving the notice or the
details.
(6) In this section—
written notice, of a proceeding, means—
(a) a certified copy of the notice given under the Personal
Injuries Proceedings Act 2002, section 9 for the
proceeding; or
(b) other written evidence of the proceeding that satisfies
the public trustee that the proceeding has been started.
319Y Payment of eligible victim claims from victim trust fund
(1) The public trustee must pay from a victim trust fund any
award on an eligible victim claim against the person in
relation to whom the relevant award was made (the relevant
person).
Note—
See also section 319ZK.
(2) The payment must be made as soon as practicable after all
proceedings on eligible victim claims against the relevant
person started before the cut-off day have been finally
decided.
[s 319Y]
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(3) For subsection (2), a proceeding on an eligible victim claim
against the relevant person is taken to have been finally
decided if the public trustee is satisfied that—
(a) the period for appealing against a decision awarding
damages made by a court in the proceeding has ended
and no appeal has been made; or
(b) all appeals against a decision awarding damages made
by a court in the proceeding have been withdrawn or
finally decided; or
(c) no step has been taken in the proceeding for 1 year from
when the last step was taken in the proceeding; or
(d) the proceeding has been discontinued.
(4) If the amount of the victim trust fund is not enough to pay all
of the awards on eligible victim claims against the relevant
person, the public trustee must pay each award
proportionately.
(5) Subject to an Act providing for the holding of moneys on trust
for a person under a legal disability, the payments must be
made—
(a) to the person named in the award; and
(b) to the extent that the award has not been satisfied by
someone else.
(6) An award on an eligible victim claim against the relevant
person, to the extent of any payment of the award under this
section—
(a) is discharged; and
(b) can not be enforced against the relevant person or any
other person.
(7) In this section—
award, on an eligible victim claim against a relevant person,
means—
[s 319Z]
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(a) an award of damages, that has been finally decided, to a
person by a court in a proceeding on the eligible victim
claim by the person against the relevant person; or
(b) an award of damages to a person under an agreement
between the person and the relevant person relating to
an eligible victim claim by the person against the
relevant person.
cut-off day, for starting a proceeding on an eligible victim
claim against the relevant person, means the day after the last
day on which a proceeding may be started for
section 319X(1)(b).
Subdivision 2 Entity claims
319Z What is an entity claim
(1) The chief executive of the department in which the Victims of
Crime Assistance Act is administered has, for the State, a
claim (an entity claim) against a person in relation to whom
relevant money is awarded (the relevant person) if—
(a) the State has paid an amount under—
(i) the repealed Criminal Offence Victims Act,
section 32, for a compensation order made, under
section 24 of that Act, against the relevant person;
or
(ii) the repealed Criminal Offence Victims Act,
section 33, in relation to an act committed by the
relevant person; or
(iii) the repealed Criminal Offence Victims Act,
section 34, in relation to—
(A) an arrest, or attempted arrest, of the relevant
person; or
(B) a prevention, or attempted prevention, of an
offence or suspected offence committed by
the relevant person; or
[s 319Z]
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(iv) the repealed Criminal Offence Victims Act,
section 35, for an offence of murder or
manslaughter committed by the relevant person; or
(v) the Criminal Code, repealed chapter 65A,
section 663C, in relation to an indictable offence
committed by the relevant person; or
(vi) the Criminal Code, repealed chapter 65A,
section 663D, in relation to—
(A) an arrest, or attempted arrest, of the relevant
person; or
(B) a prevention, or attempted prevention, of an
offence or suspected offence committed by
the relevant person; or
(C) an act or omission of the relevant person; or
(D) an indictable offence allegedly committed by
the relevant person; and
(b) the State has not recovered the amount in full from any
person.
(1A) In subsection (1)—
(a) a reference to the repealed Criminal Offence Victims
Act is a reference to the Criminal Offence Victims Act
1995, as in force from time to time before its repeal, and
includes that Act as it continues to apply under the
Victims of Crime Assistance Act, chapter 6, part 2; and
(b) a reference to the Criminal Code, repealed chapter 65A
is a reference to the Criminal Code, chapter 65A, as in
force from time to time before its repeal, and includes
that chapter as it continued to apply under the repealed
Criminal Offence Victims Act 1995, section 46(2) or
continues to apply under the Victims of Crime
Assistance Act, chapter 6, part 2.
(1B) The chief executive of the department in which the Victims of
Crime Assistance Act is administered has, for the State, a
claim (entity claim) against a person in relation to whom
relevant money is awarded (the relevant person) if—
[s 319Z]
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(a) an amount is payable by the relevant person to the State
under the Victims of Crime Assistance Act,
section 117(4); and
(b) the State has not recovered the amount in full from any
person.
(2) The SPER registrar has a claim (also an entity claim) against a
person in relation to whom relevant money is awarded (the
relevant person) if—
(a) an amount is payable by the relevant person to SPER
under the State Penalties Enforcement Act 1999 or
another Act; and
(b) SPER has not recovered the amount in full from any
person.
(3) The child support registrar has a claim (also an entity claim)
against a person in relation to whom relevant money is
awarded (the relevant person) if—
(a) the relevant person owes a child support debt to the
Commonwealth; and
(b) the Commonwealth has not recovered the debt in full
from any person.
(4) In this section—
child support debt means—
(a) an amount that is a debt due to the Commonwealth
under the Child Support (Registration and Collection)
Act 1988 (Cwlth), section 30; or
(b) any amount payable as a penalty on an amount
mentioned in paragraph (a) under the Child Support
(Registration and Collection) Act 1988 (Cwlth),
section 67.
Note—
The chief executive of the department in which the Victims of Crime
Assistance Act is administered, the SPER registrar and the child
support registrar are all collection entities for this part. See
section 319J.
[s 319ZA]
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319ZA Notice to collection entities of establishment of victim
trust fund
The chief executive must, within 1 month after relevant
money is awarded in relation to a person (the relevant
person), give each collection entity a written notice stating—
(a) the name of the relevant person; and
(b) that there is a victim trust fund; and
(c) that the collection entity may have an entity claim
against the relevant person and that the claim may be
payable from the victim trust fund; and
(d) that the public trustee will notify the collection entity
under section 319ZB if there is an amount left in the
victim trust fund available for paying eligible entity
claims.
319ZB Notice to collection entities if amount left in victim trust
fund
(1) The public trustee must work out the amount, if any, left in a
victim trust fund that is available under section 319ZD for
paying eligible entity claims at the following time—
(a) generally—within 1 month after paying under
section 319Y all awards made on eligible victim claims;
(b) if the public trustee has received a notice from the chief
executive under section 319U(5)—within 1 month after
receiving the notice.
(2) If there is an amount left in the victim trust fund that is
available under section 319ZD for paying eligible entity
claims, the public trustee must, within 1 month after working
out the amount, give each collection entity a written notice
stating—
(a) the name of the person in relation to whom relevant
money was awarded (the relevant person); and
(b) the amount left in the victim trust fund; and
[s 319ZC]
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(c) that the collection entity may have an entity claim
against the relevant person and that the claim may be
payable from the victim trust fund; and
(d) the period within which the collection entity must notify
an amount of an entity claim to the public trustee to have
an eligible entity claim against the relevant person; and
(e) the other steps the collection entity must take for the
collection entity to have an eligible entity claim against
the relevant person.
319ZC Notifying entity claims
(1) This section applies if a collection entity has an entity claim
against a person in relation to whom relevant money was
awarded (the relevant person).
(2) The collection entity may notify the public trustee of the
entity claim by giving the public trustee—
(a) written notice of the amount of the entity claim within 1
month after the collection entity is notified under
section 319ZB(2); and
(b) evidence of the entity claim that reasonably satisfies the
public trustee that—
(i) the relevant person is liable for the entity claim;
and
(ii) the amount notified is accurate.
(3) An entity claim notified to the public trustee as mentioned in
subsection (2) is an eligible entity claim.
(4) The public trustee may reject an entity claim if the collection
entity fails to comply with a request for evidence under
subsection (2)(b) without reasonable excuse.
(5) The public trustee must give a copy of the written notice or the
evidence received under subsection (2) to the chief executive
within 14 days after receiving the notice or the evidence.
[s 319ZD]
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319ZD Payment of eligible entity claims from victim trust fund
(1) The public trustee must pay from the amount left in a victim
trust fund, after paying under section 319Y all awards made
on eligible victim claims in relation to the victim trust fund,
the amount of any eligible entity claim against the person in
relation to whom relevant money was awarded (the relevant
person).
Note—
See also section 319ZK.
(2) The payment must be made within 3 months after giving
notice under section 319ZB(2).
(3) The public trustee must pay the amount of any eligible entity
claims in the following order to the extent of the amount left
in the victim trust fund—
(a) eligible entity claims notified by the chief executive of
the department in which the Victims of Crime
Assistance Act is administered;
(b) eligible entity claims notified by the SPER registrar;
(c) eligible entity claims notified by the child support
registrar.
(4) An eligible entity claim, to the extent of any payment of an
amount of the claim under this section—
(a) is discharged; and
(b) can not be enforced against the relevant person or any
other person.
Subdivision 3 Payments to offender
319ZE Payment to offender of victim trust fund surplus
(1) The public trustee must, within 1 month after complying with
319ZD in relation to a victim trust fund, work out the amount,
if any, left in the victim trust fund.
[s 319ZF]
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(2) If there is an amount left in the victim trust fund, the public
trustee must, within 1 month after working out the amount—
(a) if the person in relation to whom the relevant money was
awarded is a prisoner—pay the amount to the chief
executive for payment into the person’s account in the
prisoners trust fund under section 311; or
(b) if the person in relation to whom the relevant money was
awarded is not a prisoner—pay the amount to or at the
direction of the person.
Note—
See also section 319ZK.
319ZF Payment to offender if no victim claims or entity claims
against offender
(1) This section applies if the public trustee is not notified under
section 319ZC of the amount of any entity claim in relation to
a victim trust fund.
(2) The public trustee must pay the amount of the victim trust
fund to the person in relation to whom the relevant money was
awarded within 2 months after giving notice under
section 319ZB(2).
Note—
See also section 319ZK.
Division 5 Amounts not included in victim
trust fund
319ZG Exception for future medical expenses
Divisions 2 to 4 do not apply to an amount that is identified in
an award of relevant money or an agreement about relevant
money as being payable by a protected defendant as damages
for future medical expenses.
[s 319ZH]
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319ZH Exception for legal costs
(1) Divisions 2 to 4 do not apply to an amount that is payable by a
protected defendant as legal costs—
(a) under an order for costs made by a court or tribunal
against the protected defendant; or
(b) under an agreement about relevant money between the
protected defendant and the person in relation to whom
the relevant money was awarded (the relevant person);
or
(c) for an award of relevant money against the protected
defendant that is inclusive of costs, that is reasonably
attributable to the legal costs of the relevant person.
(2) The amount reasonably attributable to the legal costs
mentioned in subsection (1)(c) is the reasonable amount—
(a) decided by the protected defendant on the basis of a bill
for the costs given to the protected defendant by the
legal practitioner concerned; and
(b) notified by the protected defendant to the relevant
person.
(3) If the relevant person, by written notice to the protected
defendant, disputes the protected defendant’s decision, the
protected defendant must apply for the assessment of the costs
under the Legal Profession Act 2007.
(4) The assessment must be conducted as if the protected
defendant were liable to pay the costs as a result of an order
for the payment of an unstated amount of costs made by a
court.
(5) The costs of the assessment are payable—
(a) if the amount of costs fixed by the costs assessor is at
least 10% more than the amount decided by the
protected defendant—by the protected defendant; or
(b) otherwise—from the victim trust fund, in priority to all
other payments from the fund.
(6) In this section—
[s 319ZI]
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legal costs means amounts that a person has been or may be
charged by, or is or may become liable to pay to, a law
practice for the provision of legal services including interest
on the amounts, and disbursements and interest on
disbursements.
319ZI Orders in relation to relevant money
(1) This section applies if a court or tribunal makes an award of
compensation or an award of damages in relation to a person.
(2) The court or tribunal must make all necessary orders to ensure
that an amount mentioned in section 319ZG or 319ZH is not
held in a victim trust fund.
319ZJ Agreements in relation to relevant money
(1) This section applies if a protected defendant enters into an
agreement about relevant money with the person in relation to
whom the relevant money was awarded.
(2) The agreement contains an implied term that an amount
mentioned in section 319ZG or 319ZH is not held in a victim
trust fund.
Division 6 Miscellaneous
319ZK Amounts payable to public trustee for performance of
functions
(1) This section applies to any amounts payable under the Public
Trustee Act 1978 from a victim trust fund to the public trustee
for the performance of its functions under this part.
(2) The amounts must be paid to the public trustee from the
victim trust fund before paying any of the following amounts
under this part—
(a) an award on an eligible victim claim under
section 319Y;
[s 319ZL]
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(b) an amount of an eligible entity claim under
section 319ZD;
(c) an amount payable to an offender under section 319ZE
or 319ZF.
Note—
See section 319ZH(5)(b).
319ZL Maximum legal costs of victim claims
(1) The maximum amount of legal costs, inclusive of GST, that a
legal practitioner may charge and recover from a client for
work done relating to a victim claim that may be payable from
a victim trust fund is—
(a) if the amount recovered on the claim is $100,000 or
less—20% of the amount recovered or $10,000
whichever is greater; or
(b) if the amount recovered on the claim is more than
$100,000 but not more than $250,000—18% of the
amount recovered or $20,000 whichever is greater; or
(c) if the amount recovered on the claim is more than
$250,000 but not more than $500,000—16% of the
amount recovered or $45,000 whichever is greater; or
(d) if the amount recovered on the claim is more than
$500,000—15% of the amount recovered or $80,000
whichever is greater.
(2) This section applies despite any other Act providing for the
assessment or payment of legal costs.
(3) In this section—
amount recovered, on a claim, means the full amount of the
damages awarded and not just the amount of the award paid
from a victim trust fund.
legal costs means amounts that a person has been or may be
charged by, or is or may become liable to pay to, a law
practice for the provision of legal services including interest
[s 320]
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on the amounts, but not including disbursements or interest on
disbursements.
Part 13 Information
Division 1 Giving notices and information to
eligible persons
320 Eligible persons register
(1) The chief executive must keep a register of eligible persons
who may receive notices or information about prisoners or
homicide offenders under this Act.
Note—
Subject to section 324AA—
• notice of an application by a prisoner for a parole order must be
given to an eligible person under section 188; and
• information about a prisoner (including a prisoner who is a
homicide offender) must be given to an eligible person under
section 324A; and
• information about a prisoner or homicide offender may be given to
an eligible person under section 325.
(2) To make an entry in the eligible persons register, the chief
executive must be satisfied—
(a) the prisoner or homicide offender is a prisoner or
homicide offender for whom an entry can be made; and
(b) the person proposed to be registered against the prisoner
or homicide offender is—
(i) entitled to be registered; and
(ii) requests or consents to the registration.
(3) Despite being satisfied of the matters stated in subsection (2),
the chief executive may refuse to register a person against a
prisoner or homicide offender if the chief executive
[s 321]
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reasonably believes that giving the person a notice or
information as an eligible person may endanger—
(a) the security of a corrective services facility; or
(b) the safe custody or welfare of a prisoner; or
(c) the safety or welfare of someone else.
(4) The chief executive may make an entry in the eligible persons
register against a prisoner or homicide offender—
(a) on application in the approved form by a person
claiming to be an eligible person; or
(b) on a referral in the approved form by an entity
supporting an eligible person; or
(c) on the chief executive’s own initiative.
321 Effect of offence and violence as ground for registration
(1) An entry can be made in the eligible persons register against a
prisoner—
(a) who has been sentenced to a period of imprisonment for
an offence of violence or a sexual offence; or
(b) who is subject to a continuing or interim detention order,
or a supervision or interim supervision order, under the
Dangerous Prisoners (Sexual Offenders) Act 2003,
having been found guilty of a serious sexual offence
within the meaning of that Act.
(2) A person is entitled to be registered as an eligible person
against the prisoner if—
(a) the person is one of the following—
(i) a person against whom the offence was committed
(the victim);
(ii) an immediate family member of a deceased victim
of the offence; or
[s 322]
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(b) the chief executive is satisfied the person’s life or
physical safety could reasonably be expected to be
endangered because of—
(i) a documented history of violence by the prisoner
against the person; or
(ii) a connection between the person and the offence.
(3) In this section—
offence of violence means an offence in which a victim
suffers actual or threatened violence.
322 Domestic violence as ground for registration
(1) An entry can be made in the eligible persons register against a
prisoner who has been sentenced to a period of imprisonment
for an offence if—
(a) there is or has been a domestic violence order or notice
in force against the prisoner; or
(b) the chief executive is satisfied, by a documented history
of domestic violence by the prisoner or by other
evidence, the prisoner has committed domestic violence.
(2) A person is entitled to be registered as an eligible person
against the prisoner if the chief executive is satisfied the
person is at risk of domestic violence from the prisoner.
323 Registration against homicide offender
(1) An entry can be made in the eligible persons register against a
homicide offender.
(2) A person is entitled to be registered as an eligible person
against a homicide offender if—
(a) the person is an immediate family member of a victim
of the homicide offence; or
(b) the chief executive is satisfied registration of the person
against the prisoner is warranted because of the effect of
the homicide offence on the person; or
[s 323A]
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(c) the chief executive is satisfied the person’s life or
physical safety could reasonably be expected to be
endangered because of—
(i) a documented history of violence by the offender
against the person; or
(ii) a connection between the person and the homicide
offence.
323A Registration if eligible person is child or person with
impaired capacity
(1) If an eligible person is a child—
(a) a parent or guardian of the child is taken to be an
eligible person; and
(b) subject to this Act, the parent or guardian may be
registered instead of, or as well as, the child.
(2) If an eligible person is a person with impaired capacity—
(a) a guardian of the person or an attorney of the person
with an enduring power of attorney is taken to be an
eligible person; and
(b) subject to this Act, the guardian or attorney may be
registered instead of, or as well as, the person with
impaired capacity.
(3) If a person proposed to be registered as an eligible person is a
child—
(a) the child is only eligible to be registered if the chief
executive is satisfied that registration is in the child’s
best interests; and
(b) in the case of a child who is in care, the chief executive
must consult with the child protection chief executive in
deciding whether registration of the child is in the
child’s best interests; and
(c) if the chief executive decides to register the child, the
chief executive must—
[s 323B]
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(i) give the child information about being an eligible
person and about how to be removed from the
register; and
(ii) tell the child and the child’s parent or guardian that
the parent or guardian may register as an eligible
person instead of, or as well as, the child.
323B Nomination of entity to receive information on behalf of
eligible person
(1) An eligible person may nominate an entity as an entity to
whom the chief executive may give a notice or information
required or authorised to be given to the eligible person under
this Act.
Example of nominee—
a victims support agency
(2) The chief executive may refuse to accept a nomination if the
chief executive—
(a) is not satisfied that the entity consents to the
nomination; or
(b) reasonably considers the entity not to be suitable in the
circumstances.
(3) Details of a nominee must be noted in the eligible persons
register.
(4) If a nominee withdraws consent to the nomination, the details
must be removed from the register.
324 Removing details from eligible persons register
(1) The chief executive must remove an eligible person’s details
from the eligible persons register—
(a) for a prisoner other than a homicide offender, when the
prisoner in relation to whom the person is registered—
(i) is discharged; or
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(ii) if the prisoner is released subject to a relevant
order—stops being subject to a relevant order; or
(iii) dies; or
(iv) is transferred to another jurisdiction; or
(b) for a homicide offender, when the homicide offender
dies; or
(c) if the conviction of the prisoner or homicide offender in
relation to which the person is registered is overturned;
or
(d) if asked to do so by the eligible person.
(2) The chief executive may remove an eligible person’s details
from the register if—
(a) the chief executive reasonably believes that giving the
person a notice or information as an eligible person may
endanger—
(i) the security of a corrective services facility; or
(ii) the safe custody or welfare of a prisoner; or
(iii) the safety or welfare of someone else; or
(b) the eligible person discloses, for public dissemination,
any notice or information given to the person under this
Act as an eligible person.
(3) The chief executive may also remove an eligible person’s
details from the register if the chief executive is unable, after
making reasonable efforts, to contact the eligible person.
(4) The chief executive may, on the chief executive’s own
initiative, reinstate details of an eligible person registered
against a prisoner other than a homicide offender if, within 90
days after the removal of the details, the prisoner is again in
the custody of the chief executive.
(5) In this section—
details, of an eligible person, includes details of any entity
nominated to receive a notice or information under this Act
for the eligible person.
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relevant order means—
(a) a supervision order or interim supervision order under
the Dangerous Prisoners (Sexual Offenders) Act 2003;
or
(b) a probation order.
324AA Provision of notice or information to eligible person
(1) The chief executive must not give an eligible person a notice
or information under this Act unless—
(a) the person has given the chief executive a signed
declaration stating that the person will not disclose, for
public dissemination, any notice or information about a
prisoner given to the person under this Act; and
(b) if a nominee for the eligible person is noted in the
eligible persons register—both the nominee and the
eligible person have given the chief executive a signed
declaration stating that the person will not disclose, for
public dissemination, any notice or information about a
prisoner given to the nominee under this Act.
(2) The chief executive may refuse to give an eligible person a
notice or information under this Act if the chief executive
reasonably believes that giving the notice or information to
the person may endanger—
(a) the security of a corrective services facility; or
(b) the safe custody or welfare of a prisoner; or
(c) the safety or welfare of someone else.
(3) If there is a nominee of an eligible person on the eligible
persons register when the chief executive is required or
authorised to give a notice or information to the eligible
person, the chief executive—
(a) must endeavour to give the notice or information to the
nominee; but
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(b) may give the notice or information directly to the
eligible person if the chief executive has been unable to
give the notice or information to the nominee despite a
reasonable attempt to do so.
(4) A requirement to give a notice or information to an eligible
person ceases to apply if the chief executive has made a
reasonable attempt to give the notice or information to the
person but has been unable to do so.
(5) This section does not apply to confidential information
disclosed to an eligible person or nominee under section 341.
324A Right of eligible persons to receive particular information
(1) The chief executive must, subject to section 324AA, give an
eligible person the following information about a prisoner
(including a prisoner who is a homicide offender) in relation
to whom the eligible person is registered—
(a) the prisoner’s eligibility dates for discharge or release;
(b) the prisoner’s date of discharge or release;
(c) the death of the prisoner and, if the prisoner died while
detained in a corrective services facility, the date of
death;
(d) the escape of the prisoner and the date of escape;
(e) details of a change of name of the prisoner registered
under a law of the State about births, deaths and
marriages;
(f) the fact, and date, of any particular circumstances
relating to the prisoner that could reasonably be
expected to endanger the eligible person’s life or
physical safety;
Examples of particular circumstances relating to a prisoner—
• The prisoner is mistakenly discharged before the prisoner’s
discharge day.
• The prisoner is granted leave under chapter 2, part 2,
division 8 without supervision.
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(g) for a no body-no parole prisoner—whether a no
cooperation declaration is in force for the prisoner.
(2) The information must be given to the person—
(a) for information mentioned in subsection (1)(a), (b), (e)
or (g)—as soon as practicable after the chief executive
becomes aware of the information; or
(b) for information mentioned in subsection (1)(c), (d) or (f)
—immediately after the chief executive becomes aware
of the information.
325 Giving eligible persons other information
(1) Subject to section 324AA, the chief executive may give an
eligible person registered against a prisoner or homicide
offender information, within the knowledge of the chief
executive, about the prisoner or offender as the chief executive
considers appropriate.
(2) Without limiting the information that may be given, the
information may include the following information about a
prisoner (including a homicide offender)—
(a) the current location of the prisoner;
(b) the transfer of the prisoner—
(i) between corrective services facilities; or
(ii) interstate or overseas;
(c) the length of the term of imprisonment the prisoner is
serving;
(d) any further cumulative terms of imprisonment imposed
on the prisoner while in custody for the offence;
(e) the nature of an order under the Dangerous Prisoners
(Sexual Offenders) Act 2003, to which the prisoner is or
becomes subject;
(f) the prisoner ceasing to be subject to an order mentioned
in paragraph (e);
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(g) the results of the prisoner’s application for parole
orders;
(h) other matters relevant to parole of the prisoner;
(i) details of a reassignment or alteration of the sex of the
prisoner noted or recorded in a register kept under a law
of the State about births, deaths and marriages;
(j) the deportation or removal status of the prisoner under
the Migration Act 1958 (Cwlth);
(k) other exceptional events relating to the prisoner.
(3) Without limiting the information that may be given, the
information may include the following information, within the
knowledge of the chief executive, about a homicide offender
who is not a prisoner—
(a) the current location of the offender or that the offender
is no longer resident in the State;
(b) the nature of a community based order, parole order, or
order under the Dangerous Prisoners (Sexual Offenders)
Act 2003, to which the offender is or becomes subject;
(c) the offender ceasing to be subject to an order mentioned
in paragraph (b);
(d) details of a change of name of the offender registered
under a law of the State about births, deaths and
marriages;
(e) details of a reassignment or alteration of the sex of the
offender noted or recorded in a register kept under a law
of the State about births, deaths and marriages;
(f) the deportation or removal status of the offender under
the Migration Act 1958 (Cwlth);
(g) the death of the offender;
(h) other exceptional events relating to the offender.
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Division 2 Criminal history of relevant person
Subdivision 1 Preliminary
326 Purpose of div 2
(1) The purpose of this division is to ensure—
(a) the chief executive has all the relevant information the
chief executive needs to assess a person’s suitability to
be, or continue to be, a relevant person; and
(b) the chief executive can give the Minister or the president
all the relevant information needed to assess a person’s
suitability to be, or continue to be, a board member or
acting board member.
(2) The purpose is achieved mainly by providing for the chief
executive to obtain the criminal history of, and other
information about, the relevant person.
327 Definitions for div 2
In this division—
charge, of an offence, means a charge in any form, including,
for example, the following—
(a) a charge on an arrest;
(b) a notice to appear served under the Police Powers and
Responsibilities Act 2000, section 382;
(c) a complaint under the Justices Act 1886;
(d) a charge by a court under the Justices Act 1886,
section 42(1A) or another provision of an Act;
(e) an indictment.
relevant person—
(a) means any one of the following—
(i) a person performing a function under this Act;
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(ii) a staff member;
(iii) an applicant seeking—
(A) to be engaged by the department; or
(B) a position as a staff member; and
(b) for subdivision 3—includes a visitor, other than an
accredited visitor.
328 Relationship with Criminal Law (Rehabilitation of
Offenders) Act 1986
This division applies to a person despite anything in the
Criminal Law (Rehabilitation of Offenders) Act 1986.
329 Chief executive must advise of duties of disclosure etc.
Before a person becomes a relevant person, the chief
executive must tell the person—
(a) of the person’s duties of disclosure as a relevant person
under this division; and
(b) that the chief executive may, under section 334, obtain
information about the person; and
(c) that guidelines for dealing with information obtained by
the chief executive under this division are available from
the chief executive on request.
Subdivision 2 Disclosure of criminal history
330 Person seeking to be a relevant person must disclose
criminal history
A person seeking to be a relevant person must disclose to the
chief executive, before becoming a relevant person—
(a) whether or not the person has a criminal history; and
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(b) if the person has a criminal history, the person’s
complete criminal history.
331 Relevant person must disclose changes in criminal
history
(1) If there is a change in the criminal history of a relevant person,
the person must immediately disclose the details of the change
to the chief executive.
(2) For a relevant person who does not have a criminal history,
there is taken to be a change in the person’s criminal history if
the person acquires a criminal history.
332 Requirements for disclosure
(1) To comply with section 330 or 331, a person must give the
chief executive a disclosure in the approved form.
(2) The information disclosed in the approved form by the person
about a conviction or charge of an offence in the person’s
criminal history must include—
(a) the existence of the conviction or charge; and
(b) when the offence was committed or alleged to have been
committed; and
(c) the details of the offence or alleged offence; and
(d) for a conviction—whether or not a conviction was
recorded and the sentence imposed on the person.
333 False, misleading or incomplete disclosure or failure to
disclose
(1) A person must not—
(a) give the chief executive an approved form under
section 332 that is false, misleading or incomplete in a
material particular; or
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(b) fail to give the chief executive a disclosure as required
under section 330, unless the person has a reasonable
excuse.
Maximum penalty—100 penalty units or 2 years
imprisonment.
(2) Subsection (1)(a) does not apply to a person in relation to
particular information that the person is unable to provide if
the person—
(a) indicates in the approved form the information that the
person is unable to provide; and
(b) otherwise gives the information in the approved form to
the best of the person’s ability.
(3) In a proceeding for an offence against subsection (1)(a), it is
enough for a charge to state that the disclosure was, without
specifying which, false or misleading.
Subdivision 3 Chief executive may obtain criminal
information from other entities
about criminal history and
particular investigations
334 Chief executive may obtain report from commissioner of
police service
(1) This section applies to a person who—
(a) is a relevant person; or
(b) seeks to become a relevant person and has given the
chief executive an approved form under section 332.
(2) The chief executive may ask the commissioner to give the
chief executive the following information about the person—
(a) a written report about the person’s criminal history;
(b) a brief description of the circumstances of a conviction
or charge mentioned in the person’s criminal history;
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(c) for a relevant person other than a visitor—information
about an investigation relating to the possible
commission of a serious offence by the person.
(3) Subject to subsections (4) and (5), the commissioner must
comply with the request.
(4) The duty imposed on the commissioner to comply with the
request—
(a) applies only to information in the commissioner’s
possession or to which the commissioner has access;
and
(b) in relation to information mentioned in
subsection (2)(c)—applies only to information recorded
on a central electronic database kept by the
commissioner.
(5) The commissioner must not give information about an
investigation relating to the possible commission of a serious
offence by the person if—
(a) the commissioner is reasonably satisfied that giving the
information—
(i) may prejudice or otherwise hinder an investigation
to which the information may be relevant; or
(ii) may lead to the identification of an informant; or
(iii) may affect the safety of a police officer,
complainant or other person; or
(b) for an investigation that has been completed—the
investigation has not led, and the commissioner is
reasonably satisfied it is unlikely to lead, to a reasonable
suspicion that the person committed a serious offence;
or
(c) for an investigation that has not been completed—the
commissioner is reasonably satisfied the investigation is
unlikely to lead to a reasonable suspicion that the person
committed a serious offence.
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335 Prosecuting authority to notify chief executive about
committal, conviction etc.
(1) This section applies if a person, other than a visitor, is charged
with an indictable offence and the commissioner or the
director of public prosecutions (a prosecuting authority) is
aware that the person is a relevant person.
(2) If the person is committed by a court for trial for an indictable
offence, the prosecuting authority must, within 7 days after
the committal, give written notice to the chief executive of the
following—
(a) the person’s name;
(b) the court;
(c) particulars of the offence;
(d) the date of the committal;
(e) the court to which the person was committed.
(3) If the person is convicted before a court of an indictable
offence, the prosecuting authority must, within 7 days after
the conviction, give written notice to the chief executive of the
following—
(a) the person’s name;
(b) the court;
(c) particulars of the offence;
(d) the date of the conviction;
(e) the sentence imposed by the court.
(4) If the person is convicted of an indictable offence, and has
appealed the conviction, and the appeal is finally decided or
has otherwise ended, the prosecuting authority must, within 7
days after the decision or the day the appeal otherwise ends,
give written notice to the chief executive of the following—
(a) the person’s name;
(b) particulars of the offence;
(c) the date of the decision or other ending of the appeal;
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(d) if the appeal was decided—
(i) the court in which it was decided; and
(ii) particulars of the decision.
(5) If the prosecution process ends without the person being
convicted of an indictable offence, the prosecuting authority
must, within 7 days after the end, give written notice to the
chief executive about the following—
(a) the person’s name;
(b) if relevant, the court in which the prosecution process
ended;
(c) particulars of the offence;
(d) the date the prosecution process ended.
(6) For subsection (5), a prosecution process ends if—
(a) an indictment is presented against the person and—
(i) a nolle prosequi is entered on the indictment; or
(ii) the person is acquitted; or
(b) the prosecution process has otherwise ended.
(7) A reference in this section to a conviction of an indictable
offence includes a summary conviction of an indictable
offence.
Subdivision 4 Control on use of information about
criminal history and particular
investigations
336 Use of information obtained under this division
(1) This section applies to the chief executive in considering
information about a person received under this division.
(2) The information must be used only for the purposes of this
division.
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(3) When making the assessment, the chief executive must have
regard to the following matters relating to information about
the commission, or alleged or possible commission, of an
offence by the person—
(a) when the offence was committed, is alleged to have
been committed or may possibly have been committed;
(b) the nature of the offence and its relevance to—
(i) for a person mentioned in section 327, definition
relevant person, paragraph (a)(i), (ii) or (iii)—the
person’s proposed duties or duties under this Act;
or
(ii) for a person mentioned in section 327, definition
relevant person, paragraph (b)—any risk posed by
the person to the security or good order of a
corrective services facility;
(c) anything else the chief executive considers relevant to
the assessment of the person.
337 Person to be advised of information obtained
(1) This section applies to information obtained by the chief
executive about a person, under this division, from the
commissioner.
(2) Before using the information to assess the person’s suitability
to be, or continue to be, a relevant person, the chief executive
must—
(a) disclose the information to the person; and
(b) allow the person a reasonable opportunity to make
representations to the chief executive about the
information.
338 Reconsidering decision
(1) This section applies if the chief executive decides that a
person is not suitable to be, or continue to be, a relevant
person.
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(2) The person may, within 7 days after being given notice of the
decision, apply in writing to the chief executive for a
reconsideration of the decision.
(3) After reconsidering the decision, the chief executive may
confirm or change the decision.
339 Confidentiality
(1) This section applies to a person who—
(a) is, or has been, a public service employee in the
department or a selection panel member; and
(b) in that capacity acquired information, or gained access
to a document, under this division about someone else’s
criminal history or about an investigation relating to the
possible commission of a serious offence by someone
else.
(2) The person must not disclose the information, or give access
to the document, to anyone else.
Maximum penalty—100 penalty units or 2 years
imprisonment.
(3) Subsection (2) does not apply to the disclosure of information,
or giving of access to a document, about a person—
(a) to a public service employee in the department, or a
selection panel member, for the purpose of assessing the
person’s suitability to be, or continue to be, a relevant
person; or
(b) with the person’s consent; or
(c) if the disclosure or giving of access is otherwise
required under an Act.
(4) In this section—
selection panel member means a member of a panel formed
to make a recommendation to the chief executive about a
person becoming, or being promoted as, a relevant person.
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340 Guidelines for dealing with information
(1) The chief executive must make guidelines, consistent with this
Act, for dealing with information obtained by the chief
executive under this division.
(2) The purpose of the guidelines is to ensure—
(a) natural justice is afforded to the persons about whom the
information is obtained; and
(b) only relevant information is used in assessing the
persons’ suitability to be, or continue to be, relevant
persons; and
(c) decisions about the suitability of persons, based on the
information, are made consistently.
(3) The chief executive must give a copy of the guidelines, on
request, to a person seeking to become a relevant person.
Division 3 Other provisions about information
340AA Sensitive information that need not be included in
reasons
(1) A decision-maker need not, in giving reasons for a decision or
proposed decision made under this Act, disclose anything that
the decision-maker is satisfied could reasonably be expected
to—
(a) enable the existence or identity of a confidential source
of information, in relation to the enforcement or
administration of the law, to be ascertained; or
(b) endanger a person’s life or physical safety; or
(c) seriously threaten a person’s welfare; or
(d) prejudice public safety or national security; or
(e) prejudice the detection, investigation or prosecution by a
law enforcement agency of—
(i) a terrorism offence; or
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(ii) an offence with a maximum penalty of 14 years or
more imprisonment; or
(iii) another offence prescribed by regulation for this
section; or
(f) be prohibited under a law of this or another State or the
Commonwealth.
(1A) In deciding whether to rely on subsection (1), the
decision-maker must weigh the need to avoid the reasonably
expected consequences of disclosure mentioned in
subsection (1) against the need to avoid unfairness to an
individual that the decision-maker is satisfied could
reasonably be expected as a consequence of non-disclosure.
(1B) If a decision-maker relies on subsection (1), the
decision-maker must keep a written record of the decision to
rely on the subsection and the reasons for the decision.
(1C) The contents of the record may only be disclosed—
(a) to a court for the purpose of a proceeding relating to the
decision or proposed decision; or
(b) with the approval of the chief executive.
(1D) The court must ensure that the contents of the record are not
disclosed except to a member of the court as constituted for
the purpose of the proceeding.
(2) In this section—
decision-maker means—
(a) the parole board; or
(b) a person required or authorised to make a decision under
this Act.
340A Sensitive information from law enforcement agencies
(1) This section applies to a person (the informed person) who
has obtained access to either of the following sensitive law
enforcement information, whether before or after the
commencement of this section—
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(a) sensitive law enforcement information that the chief
executive has obtained from a law enforcement agency;
(b) sensitive law enforcement information in the possession
of a law enforcement agency that the chief executive has
accessed under an arrangement with the agency.
(2) The informed person must not disclose the sensitive law
enforcement information to another person or make a record
of the information, other than as authorised under
subsection (3).
Maximum penalty—100 penalty units or 2 years
imprisonment.
(3) The informed person may disclose the sensitive law
enforcement information or make a record of the
information—
(a) for the purpose for which the information was given to
the chief executive; or
(b) with the approval of the law enforcement agency that
provided the information; or
(c) if the use or disclosure of the information is likely to
prevent a serious threat to a person’s life, health or
safety.
(4) In this section—
sensitive law enforcement information means—
(a) information that, if disclosed, could reasonably be
expected to—
(i) enable the existence or identity of a confidential
source of information, in relation to the
enforcement or administration of a law, to be
ascertained; or
(ii) endanger a person’s life or physical safety; or
(iii) result in a person being subjected to a serious act
of harassment or intimidation; or
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(iv) prejudice the effectiveness of a lawful method or
procedure for preventing, detecting, investigating
or dealing with a contravention or possible
contravention of a law; or
(v) prejudice the maintenance or enforcement of a
lawful method or procedure for protecting public
safety; or
(vi) endanger the security of a building, structure or
vehicle; or
(vii) prejudice a system or procedure for the protection
of persons, property or the environment; or
(viii)facilitate a person’s escape from lawful custody; or
(b) information that—
(i) consists of information given in the course of an
investigation of a contravention or possible
contravention of a law; and
(ii) was given under compulsion under an Act that
abrogated the privilege against self-incrimination;
or
(c) information obtained, used or prepared—
(i) for an investigation by a part of the police service
known as the State Intelligence Group; or
(ii) for an investigation by a part of the police service
known as the State Security Operations Group; or
(iii) by Crime Stoppers Queensland Limited ACN 010
995 650.
341 Confidential information
(1) This section applies to either of the following (each of whom
is an informed person)—
(a) a person who is performing or has performed a function
under this Act or any of the repealed Acts, or is or was
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otherwise engaged in the administration of this Act or
any of the repealed Acts;
(b) a person who has obtained access to confidential
information, whether before or after the commencement
of this section and whether directly or indirectly, from a
person mentioned in paragraph (a).
(2) The informed person must not disclose confidential
information acquired by the informed person to anyone else
other than under subsection (3) or section 340A(3).
Maximum penalty—100 penalty units or 2 years
imprisonment.
(3) The informed person may disclose confidential information—
(a) for the purposes of this Act; or
(b) to discharge a function under another law or if it is
otherwise authorised under another law; or
(c) for a proceeding in a court, if the informed person is
required to do so by order of the court or otherwise by
law; or
(d) for confidential information that consists of a person’s
private details—if authorised by the person to whom the
information relates; or
(e) if authorised by the chief executive because—
(i) a person’s life or physical safety could otherwise
reasonably be expected to be endangered; or
(ii) it is otherwise in the public interest; or
(f) if the information merely informs someone—
(i) of the corrective services facility in which a
prisoner is being held in custody; or
(ii) for an offender who is subject to a parole order or a
community based order—that the offender is
subject to the order; or
(g) to a health practitioner if—
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(i) the confidential information relates to a prisoner;
and
(ii) the informed person reasonably believes the
disclosure is relevant for the care, treatment or
rehabilitation of the prisoner; or
(h) if the confidential information relates to the condition of
a prisoner and is communicated in general terms; or
Example of communicated in general terms—
a corrective services officer at a corrective services facility
discloses that a prisoner is in a detention unit or in transit to a
hospital
(i) for confidential information that relates to an
offender—to a corrective service of another State or
foreign country if the information is relevant to support
the supervision or management of the offender; or
(j) to a law enforcement agency for a function of the
agency.
(4) Subsection (3)(h) does not apply to—
(a) a prisoner who is released on parole; or
(b) a supervised dangerous prisoner (sexual offender).
(5) In this section—
confidential information—
(a) includes information—
(i) about a person’s private details; or
(ii) that could reasonably be expected to pose a risk to
the security or good order of a corrective services
facility; or
(iii) that could reasonably be expected to endanger
anyone’s life or health, including psychological
health; or
(iv) that could reasonably be expected to prejudice the
effectiveness of a test or audit; or
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(v) that could reasonably be expected to divulge the
identity of an informant or a confidential source of
information; or
(vi) that could reasonably be expected to disclose an
expert’s advice or recommendation about an
offender; or
(vii) that could reasonably be expected to prejudice a
law enforcement agency’s investigation; or
(viii)that could have a serious adverse effect on the
commercial interests, or reveal
commercial-in-confidence interests, of an engaged
service provider; but
(b) does not include—
(i) information already disclosed to the general
public, unless further disclosure of the information
is prohibited by law; or
(ii) statistical or other information that could not
reasonably be expected to result in the
identification of the person to whom the
information relates.
corrective service, of another State or a foreign country,
means an entity in that State or foreign country that has the
function of detaining, housing, supervising or reporting on
prisoners or other persons held in custody by that State or
foreign country.
private details of a person includes the person’s identity,
private residential address or contact details.
341A Chief executive may give registrar particular information
The chief executive may inform the registrar under the Births,
Deaths and Marriages Registration Act 2023 that an
identified person—
(a) is in a corrective services facility for detention; or
(b) is released on parole; or
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(c) is subject to a supervision order under the Dangerous
Prisoners (Sexual Offenders) Act 2003.
342 Commissioner to provide offender’s criminal history
(1) The chief executive may ask the commissioner to give the
chief executive, for use under this Act and the Penalties and
Sentences Act 1992, a report about the criminal history of an
offender.
(2) The commissioner must give the chief executive a written
report about the criminal history that—
(a) is in the commissioner’s possession; or
(b) the commissioner can access through arrangements with
the police service of another State.
(3) The chief executive may give information in the report to—
(a) the person in charge of an institution (including in
another State) to which a prisoner is, or is to be,
transferred under an Act; or
(b) a designated authority under the Parole Orders
(Transfer) Act 1984, section 7(1); or
(c) a proper authority under the Penalties and Sentences Act
1992, section 136(2); or
(d) the parole board.
(4) The information in the report may include a reference to, or a
disclosure of, a conviction referred to in the Criminal Law
(Rehabilitation of Offenders) Act 1986, section 6.
343 Traffic history
(1) The chief executive may ask the transport chief executive to
give the chief executive a report about an offender’s traffic
history for use under this Act and the Penalties and Sentences
Act 1992.
(2) The transport chief executive must give the chief executive a
written report about the traffic history that—
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(a) is in the transport chief executive’s possession; or
(b) the transport chief executive can access through
arrangements with a government department of another
State.
(3) The chief executive may give information in the report to—
(a) the person in charge of an institution (including in
another State) to which a prisoner is, or is to be,
transferred under an Act; or
(b) a designated authority under the Parole Orders
(Transfer) Act 1984, section 7(1); or
(c) a proper authority under the Penalties and Sentences Act
1992, section 136(2); or
(d) the parole board.
(4) The information in the report may include a reference to, or a
disclosure of, a conviction referred to in the Criminal Law
(Rehabilitation of Offenders) Act 1986, section 6.
(5) In this section—
traffic history of an offender means the offender’s traffic
history under the Transport Operations (Road Use
Management) Act 1995.
transport chief executive means the chief executive of the
department in which the Transport Operations (Road Use
Management) Act 1995 is administered.
344 Pre-sentence report
(1) When required to do so by a court, the chief executive must
prepare a pre-sentence report for the court about a stated
person convicted of an offence.
(2) A pre-sentence report may, for example, state the person’s
criminal or traffic history obtained under section 342 or 343.
(3) If the court proposes to grant bail to the person, the court must
order the person to report to the chief executive within a stated
time.
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(4) The pre-sentence report must be—
(a) given to the court within 28 days; and
(b) if the report is in writing, given in triplicate.
(5) The court must give a copy of a pre-sentence report to—
(a) the prosecution; and
(b) the convicted person’s lawyers.
(6) The court must ensure the prosecution and lawyers have
sufficient time before the proceedings to consider and respond
to the report.
(7) The court may order that the report, or part of the report, not
be shown to the convicted person.
(8) The copy of the report must be returned to the court before the
end of the proceedings.
(9) A report purporting to be a pre-sentence report made by the
chief executive is evidence of the matters contained in it.
(10) An objection must not be taken or allowed to the evidence on
the ground that it is hearsay.
Part 13A Use of dangerous drugs for
training
Division 1 Preliminary
344A Object of pt 13A
(1) The object of this part is to ensure training in the department
about dangerous drugs is realistic and effective.
(2) The object is to be achieved by putting in place
arrangements—
(a) to allow the department to have access to dangerous
drugs for training purposes; and
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(b) to ensure dangerous drugs in the possession of the
department for training purposes—
(i) are carefully handled to ensure their effectiveness
for training purposes is not compromised; and
(ii) are subject to strict tracking and accountability
requirements.
344B Definitions for pt 13A
In this part—
agency arrangement means an arrangement, or series of
arrangements, between the chief executive and the chief
executive officer, by whatever name known, of a department
or other agency of the State or the Commonwealth (the other
agency) providing for the following—
(a) the transfer of possession of a batch of a dangerous drug
from the possession of the other agency into the
possession of the department;
(b) that the batch of the dangerous drug is to be used for
training in the department;
(c) the type and extent of the training for which the batch of
the dangerous drug is to be used;
(d) what is to be done with the batch of the dangerous drug
at the end of the training;
(e) anything else the parties to the arrangement consider
appropriate.
Example of an agency arrangement made up of a series of arrangements—
A first arrangement between the chief executive and an agency could
establish basic principles to govern the supply of dangerous drugs to the
chief executive for training purposes. A second arrangement between
the chief executive and the agency could establish particular procedures
to be followed for transferring particular types of dangerous drugs
between the department and the agency subject to the basic principles
established in the first arrangement. A third arrangement between the
chief executive and the agency could provide for the special
circumstances applying to a batch of one of the particular types of
dangerous drugs mentioned in the second arrangement. For the batch
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mentioned in the third arrangement, the agency arrangement may be
ascertained from a reading of all 3 arrangements.
drug control direction means a direction of the chief
executive—
(a) authorising—
(i) the keeping of a batch of a dangerous drug; and
(ii) the use of the batch in training in the department;
and
(b) stating the conditions under which the keeping and use
of the batch of the dangerous drug is authorised.
drug control officer means a person holding an appointment
under division 2 as a drug control officer.
drug vault means a secure facility suitable for the storage of
dangerous drugs in the possession of the department for
training purposes under the authority of a drug control
direction.
register of dangerous drugs for training means the register of
dangerous drugs for training kept under section 344M.
secure facility means a facility that is secure against
unauthorised entry.
Division 2 Drug control officers
344C Appointment and qualifications
(1) The chief executive may appoint a corrective services officer
as a drug control officer.
(2) However, the chief executive may appoint a corrective
services officer as a drug control officer only if—
(a) the chief executive is satisfied the officer is qualified for
appointment because the officer has the necessary
expertise or experience; or
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(b) the officer has satisfactorily finished training approved
by the chief executive.
344D Appointment conditions
(1) A drug control officer holds office on any conditions stated
in—
(a) the drug control officer’s instrument of appointment; or
(b) a signed notice given to the drug control officer; or
(c) a regulation.
(2) The instrument of appointment, a signed notice given to the
drug control officer or a regulation may limit the drug control
officer’s powers under this part.
(3) In this section—
signed notice means a notice signed by the chief executive.
344E Issue of identity card
(1) The chief executive must issue an identity card to each drug
control officer.
(2) The identity card must—
(a) contain a recent photo of the drug control officer; and
(b) contain a copy of the drug control officer’s signature;
and
(c) identify the person as a drug control officer under this
part; and
(d) state an expiry date for the card.
(3) This section does not prevent the issue of a single identity
card to a person for this Act and for other purposes.
344F Resignation
A drug control officer may resign by signed notice given to
the chief executive.
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344G Return of identity card
A person who ceases to be a drug control officer must return
the person’s identity card to the chief executive within 21 days
after ceasing to be a drug control officer unless the person has
a reasonable excuse.
Maximum penalty—40 penalty units.
344H Function and powers of drug control officer
(1) A drug control officer has the function of administering and
controlling, as required under this part and the conditions on
which the drug control officer holds office, the following—
(a) the receiving into the possession of the department of
batches of dangerous drugs to be used for training
purposes (the batches);
(b) the storage of the batches;
(c) the movement in and out of storage, for the purposes of
training, of the batches or parts of the batches;
(d) how the batches leave the possession of the department.
(2) A drug control officer has power, within the department, to do
all things necessary to be done for the performance of the drug
control officer’s function.
Division 3 Keeping and use of dangerous
drugs for training
344I Keeping dangerous drug for use in department training
A batch of a dangerous drug may lawfully be kept in the
possession of the department and used for training in the
department if—
(a) the keeping of the batch, and its use for training in the
department, is authorised under a drug control direction;
and
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(b) the batch is kept, and used for training, in accordance
with the conditions included in the drug control
direction.
344J Making drug control direction
(1) The chief executive may make a drug control direction for a
batch of a dangerous drug.
(2) The chief executive may make a drug control direction for a
batch of a dangerous drug only if the batch comes into the
possession of the department under an agency arrangement.
(3) The conditions included in the drug control direction must
include the following conditions—
(a) a condition that the batch must be used only for the
training purposes stated in the condition;
Example of training purposes—
training corrective services dogs to detect the presence of
dangerous drugs in various situations
(b) a condition that the training for which the batch is used
must be of the type, and of the extent, stated in the
condition;
(c) a condition that the whole of the batch must at all
times—
(i) be under the effective control of a drug control
officer or 1 or more of the corrective services
officers identified in the condition; or
(ii) be kept securely in a way stated in the condition;
(d) a condition that, as soon as practicable after the batch is
used for training purposes for the last time, the batch
must be destroyed or disposed of in the way stated in the
condition.
(4) Subsection (3) does not limit the conditions that may be
included in the drug control direction.
(5) The chief executive must ensure that the department complies
with the conditions included in the drug control direction.
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344K Entering into agency arrangement
(1) The chief executive may enter into an agency arrangement.
(2) The chief executive may enter into an agency arrangement
only if the department or other agency, whose chief executive
officer is the other party to the arrangement, is authorised to
possess the batch of the dangerous drug the subject of the
arrangement.
(3) The chief executive must ensure the department complies with
the agency arrangement.
344L Requirements for keeping of dangerous drugs for
training purposes
(1) The following requirements apply for the department’s
possession of dangerous drugs for training purposes—
(a) each batch of a dangerous drug must be stored in a drug
vault;
(b) when a batch of a dangerous drug is received into a drug
vault for storage for the first time, it must be
accompanied by a document certifying, in a way
approved by the chief executive, the weight and purity
of the batch;
(c) a drug vault must not be used for storing a dangerous
drug that is in the possession of the department other
than for training purposes;
(d) a drug vault must be designed and constructed for
ensuring, to the greatest practicable extent, that each
batch of a dangerous drug stored in it keeps its level of
effectiveness for training purposes;
(e) a drug vault must include enough separate storage to
ensure that no batch of a dangerous drug stored in the
vault can be contaminated by another batch, or can
otherwise be made ineffective or less effective for
training purposes;
(f) the whole of a batch of a dangerous drug must be stored
in a drug vault at all times, except to the extent the
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batch, or a part of the batch, is required to be held
somewhere else for training purposes;
(g) an audit of each drug vault must be conducted at least
once every 3 months by a corrective services officer not
otherwise directly associated with the keeping or use of
dangerous drugs for training purposes;
(h) when a batch of a dangerous drug leaves a drug vault for
the last time—
(i) it must be accompanied by a document certifying,
in a way approved by the chief executive, the
weight and purity of the batch; and
(ii) a copy of the document mentioned in
subparagraph (i) must be kept at the drug vault or
at another place the chief executive directs.
(2) Without limiting the scope of an audit under subsection (1)(g),
the audit must include—
(a) weighing each batch of dangerous drugs in the drug
vault to find out whether all quantities of dangerous
drugs that should be in the drug vault at the time of the
audit are in the vault; and
(b) finding out whether the drug vault is storing any
dangerous drugs, or anything else, that should not be
stored in the drug vault; and
(c) finding out whether, and to what extent, the purity of
any batch of a dangerous drug stored at the drug vault
has been adversely affected since it was received into
the drug vault; and
(d) a review of the register of dangerous drugs for training.
(3) Without limiting the requirements for an audit under
subsection (1)(g), requirements for the audit include the
following—
(a) the performance of the audit must be supervised by a
corrective services officer who is—
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(i) authorised by the chief executive to supervise the
performance of the audit; and
(ii) not otherwise directly associated with the keeping
or use of dangerous drugs for training purposes;
(b) all batches of dangerous drugs stored in the drug vault
must be the subject of analysis by an analyst under the
Drugs Misuse Act 1986;
(c) the accuracy of the scales used in measuring the weights
of batches of dangerous drugs stored in the drug vault
must be certified in a way approved by the chief
executive.
Division 4 Register of dangerous drugs for
training
344M Register of dangerous drugs for training
(1) The chief executive must keep a register of dangerous drugs
for training.
(2) The register may form part of another register whether kept
under this or another Act.
(3) The chief executive—
(a) subject to subsection (4), may keep the register of
dangerous drugs for training in the way the chief
executive considers appropriate; and
Example for paragraph (a)—
The register may be kept on a computer or partly on a computer
and partly in written form.
(b) must ensure the register is kept in a secure place.
(4) The register of dangerous drugs for training must be kept in a
way that, to the greatest practicable extent, enables a drug
control officer, or a corrective services officer performing a
lawful function associated with the keeping of dangerous
drugs in the possession of the department under this Act,
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whether or not under this part, to comply with this Act’s
requirements.
(5) Unless the chief executive otherwise authorises, an entry in
the register of dangerous drugs for training may only be made
by a drug control officer who is authorised, under the
conditions on which the drug control officer holds office, to
make the entry.
(6) If the chief executive gives a direction under this division
restricting access to information included in the register of
dangerous drugs for training, a drug control officer authorised
to record the information in the register must ensure the
information is recorded in a way that, to the greatest
practicable extent, stops disclosure of the information to a
person not authorised to have access to it.
344N Information to be recorded in the register of dangerous
drugs for training
(1) The following information must be recorded in the register of
dangerous drugs for training about each batch of a dangerous
drug coming into the possession of the department to be used
for training purposes—
(a) the name of the dangerous drug;
(b) a description of the batch;
(c) the weight, in grams, of the batch;
(d) a description of any container or packaging, and of any
other item, used for conveying the batch into the
possession of the department;
(e) the weight, in grams, of any container or packaging, and
of any other item, used for conveying the batch into the
possession of the department;
(f) when the batch was received into the possession of the
department;
(g) the purity of the batch, and details of the certification of
the purity;
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(h) a description of the circumstances in which the batch
came into the possession of the department.
(2) The following information must be recorded in the register of
dangerous drugs for training about each batch of a dangerous
drug in the possession of the department for training purposes
if the batch, or part of the batch, is taken from the drug vault
where it is stored because it is to be used for training
purposes—
(a) when the batch or part of the batch leaves the drug vault;
(b) the nature of the training for which the batch or part of
the batch is to be used;
(c) the condition of any container or packaging in which the
batch or part of the batch leaves the drug vault;
(d) the weight, in grams, of the batch or part of the batch
when it leaves the drug vault;
(e) the condition of any container or packaging in which the
batch or part of the batch is returned to the drug vault;
(f) the weight, in grams, of the batch or part of the batch
when it is returned to the drug vault.
(3) The following information must be recorded in the register of
dangerous drugs for training when a batch of a dangerous
drug leaves a drug vault for the last time to be disposed of or
to be returned to an entity under an agency arrangement—
(a) the weight, in grams, of the batch when it leaves the
drug vault;
(b) the weight, in grams, of any container or packaging in
which the batch leaves the drug vault.
(4) Recording under subsection (1), (2) or (3) must be performed
as close as reasonably practicable to the happening of the
event to which the recording relates.
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344O Restriction on release of information from register of
dangerous drugs for training
(1) The chief executive may give a direction restricting access to
information recorded in the register of dangerous drugs for
training to persons other than—
(a) a drug control officer who reasonably needs the
information for the performance of the officer’s function
under this part; or
(b) a corrective services officer who reasonably needs the
information for conducting or supervising, under this
part, an audit of a drug vault; or
(c) another corrective services officer, if the corrective
services officer is performing a function associated with
the keeping of dangerous drugs in the possession of the
department under this Act, whether or not under this
part, and reasonably needs the information for the
performance of the officer’s function; or
(d) a police officer who reasonably needs the information
for the performance of the officer’s functions under an
Act; or
(e) a person stated in the direction.
(2) A direction under subsection (1) may restrict access to all
information recorded in the register or only to information of
a type stated in the direction.
(3) The chief executive must keep a written record of the reasons
for giving a direction under subsection (1) in each particular
case.
(4) The chief executive may give a direction under subsection (1),
and keep the direction in place, only if the chief executive
considers that a failure to give the direction, or to keep the
direction in place, may prejudice—
(a) the security of a drug vault; or
(b) the safety of—
(i) a corrective services officer; or
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(ii) another person associated with keeping dangerous
drugs in the possession of the department for
training purposes; or
(iii) a person associated with a person mentioned in
subparagraph (i) or (ii).
Part 14 Surrender of equipment and
identity card
345 Staff members
(1) If a person stops being a staff member, the person must return
to the issuing entity, as required under subsection (2), a
firearm or other weapon issued to the person to perform the
person’s duties under this Act, unless the person has a
reasonable excuse.
Maximum penalty—20 penalty units.
(2) The firearm or other weapon must be returned immediately
after the person stops being a staff member.
(3) Also, if a person stops being a staff member, the person must
return the following things to the issuing entity, as required
under subsection (4), unless the person has a reasonable
excuse—
(a) the person’s identity card;
(b) anything else not mentioned in subsection (1) issued to
the person to perform the person’s duties under this Act
that the chief executive requires to be returned.
Maximum penalty—10 penalty units.
(4) Anything required to be returned under subsection (3) must be
returned as soon as practicable, but within 7 days, after the
person stops being a staff member.
(5) In this section—
issuing entity means—
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(a) for something issued by the chief executive—the chief
executive; or
(b) for something issued by an engaged service
provider—the engaged service provider.
Part 15 Legal provisions
346 Royal prerogative of mercy etc. not affected
(1) This Act does not affect the royal prerogative of mercy.
(2) Subject to the express provisions of this Act, nothing in this
Act is to be read as limiting or changing any authority or
jurisdiction that a court, judge or justice has under another Act
or law.
347 Interpretation of authority for admission to corrective
services facility
(1) If a question arises about the construction or effect of an
authority for admitting a prisoner to a corrective services
facility, the chief executive may apply to a Supreme Court
judge to interpret the authority.
(2) The interpretation is sufficient authority for the chief
executive to deal with the person in accordance with the
interpretation.
(3) An appeal does not lie against the interpretation.
(4) In this section—
authority, for admitting a person to a corrective services
facility, means an authority mentioned in section 9(1).
348 Execution of warrant by corrective services officer
If a court issues a warrant requiring police officers to convey a
person before the court to a corrective services facility, a
corrective services officer may execute the warrant.
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349 Protection from liability
(1) An official does not incur civil liability for an act done, or
omission made, honestly and without negligence under this
Act.
(2) A board member does not incur civil liability for an act done,
or omission made honestly, with or without negligence, under
this Act.
(3) If subsection (1) or (2) prevents a civil liability attaching to an
official or board member, the liability attaches instead to the
State.
(4) In this section—
official—
(a) means—
(i) the Minister; or
(ii) the chief executive; or
(iii) a person, other than a board member, appointed for
this Act; or
(iv) a volunteer; or
(v) a protected defendant mentioned in section 319A,
definition protected defendant, paragraph (b) to (e)
performing a function under chapter 6, part 12B;
or
(vi) the public trustee performing a function under
chapter 6, part 12B; or
(vii) an individual employed or engaged by an entity
mentioned in subparagraph (v) or (vi) performing a
function under chapter 6, part 12B; or
(viii)a person performing a function under
section 319U(1); but
(b) does not include an engaged service provider, or person
appointed by an engaged service provider, performing a
function of a person mentioned in paragraph (a).
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350 Proceedings for offences—general
(1) A proceeding for an offence against this Act, other than an
offence under section 122 or 131A, is a summary proceeding
under the Justices Act 1886.
(2) Subject to subsection (3), the proceeding must start—
(a) within 1 year after the offence was committed; or
(b) within 6 months after the offence comes to the
complainant’s knowledge, but within 2 years after the
offence was committed.
(3) If the proceeding is for an offence under section 28F(1) or (5),
it may start at any time but, if started more than 1 year after
the commission of the offence, must start within 6 months
after the offence comes to the complainant’s knowledge.
350A Proceeding for offence against s 131A
(1) A charge of an offence against section 131A must be heard
and decided summarily if the prosecution elects to have the
charge heard and decided summarily.
(2) A Magistrates Court that summarily deals with the charge for
the offence—
(a) must be constituted by a magistrate; and
(b) has jurisdiction despite the time that has elapsed from
the time when the matter of complaint of the charge
arose; and
(c) may hear and decide the charge at any place appointed
for holding a Magistrates Court within the district in
which the accused person was arrested on the charge or
served with the summons for the charge under the
Justices Act 1886.
(3) However, a Magistrates Court must abstain from dealing
summarily with the charge if satisfied, on an application made
by the prosecution and the defence, that because of the nature
or seriousness of the offence or any other relevant
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consideration the defendant, if convicted, may not be
adequately punished on summary conviction.
(4) If the Magistrates Court abstains from jurisdiction—
(a) the court must stop treating the proceeding as a
proceeding to hear and decide the charge summarily;
and
(b) the proceeding for the charge must be conducted as a
committal proceeding; and
(c) a plea of the defendant at the start of the hearing must be
disregarded; and
(d) the evidence already heard by the court is taken to be
evidence in the committal proceeding; and
(e) the Justices Act 1886, section 104 must be complied
with for the committal proceeding.
350B Maximum penalty for offence against s 131A dealt with
summarily
The maximum penalty that may be imposed on a summary
conviction for an offence against section 131A is—
(a) if the Magistrates Court is a court constituted by a
magistrate imposing a drug and alcohol treatment order
under the Penalties and Sentences Act 1992,
part 8A—100 penalty units or 4 years imprisonment; or
(b) otherwise—100 penalty units or 3 years imprisonment.
350C Appeal against decision to decide charge against s 131A
summarily
(1) This section applies if a person is summarily convicted or
sentenced for an offence against section 131A.
(2) The grounds on which the person may appeal include that the
Magistrates Court erred by deciding the conviction or
sentence summarily.
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(3) The grounds on which the Attorney-General may appeal
against the sentence include that the Magistrates Court erred
by deciding the sentence summarily.
(4) On an appeal against the sentence relying on a ground that the
Magistrates Court erred by proceeding summarily, the court
deciding the appeal may, if it decides to vary the sentence,
impose the sentence the court considers appropriate up to the
maximum sentence that could have been imposed if the matter
had been dealt with on indictment.
351 Evidentiary aids
(1) This section applies to a proceeding under an Act.
(2) It is not necessary to prove the appointment of an appointed
person or the power of an appointed person to do something,
unless a party to the proceeding, by reasonable notice of at
least 7 days, requires proof.
(3) A certificate purporting to be signed by the chief executive
stating any of the following matters is evidence of the
matter—
(a) a person’s appointment as an appointed person was, or
was not, in force on a stated day or during a stated
period;
(b) a person is, or was on a stated day or during a stated
period, a prisoner;
(c) a dog is, or was on a stated day or during a stated period,
a corrective services dog;
(d) a stated place is, or was on a stated day or during a
stated period, a corrective services facility;
(e) a stated approval is, or was on a stated day or during a
stated period, in force;
(f) a stated document is a copy of a document made under
this Act, one of the repealed Acts or the Prisons Act
1958;
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(g) the contents of a stated substance that was tested by a
State analyst under the Medicines and Poisons Act 2019;
(h) a stated thing is, or was on a stated day or during a stated
period—
(i) property that is part of a corrective services
facility; or
(ii) other property of the State;
(i) approval was not given for a stated act or omission that
is alleged to have happened.
(4) A certificate signed by an officer of the secretariat recording a
decision of the parole board is evidence of the matter.
(5) A signature purporting to be the signature of an appointed
person is evidence of the person’s signature.
(6) In a complaint starting the proceeding, a statement that the
offence in the complaint came to the complainant’s
knowledge on a stated day is evidence of the matter.
(7) In this section—
appointed person means—
(a) the chief executive; or
(b) a corrective services officer; or
(c) a board member; or
(d) an official visitor; or
(e) the chief inspector; or
(f) an inspector; or
(g) a police officer; or
(h) a community service supervisor.
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Part 16 Miscellaneous
352 Review of Act
The Minister must review the efficacy and efficiency of this
Act within 7 years after its commencement.
353 Exemption from tolls
A vehicle being used to transport prisoners is exempt from
payment of a toll for the use of a road, bridge or ferry.
354 Approved forms
(1) The chief executive may approve forms for use under this Act.
(2) If there is an approved form for an order or instrument made
or granted under this Act, the order or instrument must be in
the approved form.
355 Regulation-making power
(1) The Governor in Council may make regulations under this
Act.
(2) Without limiting subsection (1), a regulation may—
(a) prescribe matters relating to the parole board and the
secretariat; or
(b) prescribe offences for a contravention of a regulation
and fix a maximum penalty of not more than 20 penalty
units for a contravention; or
(c) prescribe fees payable under this Act.
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Chapter 7 Transitional and other
provisions for Corrective
Services Act 2006
Part 1 Preliminary
356 Definitions for ch 7
In this chapter—
2000 Act means the Corrective Services Act 2000.
applied discipline procedure see section 406(2).
commencement means the commencement of this section.
previous, if followed by a provision number, means the
provision under the 2000 Act.
357 Continued actions or things to be read with necessary
changes
(1) This section applies if—
(a) an action was done or something was brought into
existence under a provision of the 2000 Act (the
previous action or thing); and
(b) a provision of this chapter provides that the previous
action or thing continues in force or existence, or
continues to have effect, and is taken to be an action or
thing under this Act or a provision of this Act.
Examples—
• section 381(2)
• section 443(2)
(2) The previous action or thing is to be read with, or continued in
force with, the changes necessary—
(a) to make it consistent with this Act; and
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(b) to adapt its operation to this Act.
(3) Subsection (2) does not prevent the provision of this chapter
providing for other matters in relation to the action or thing.
(4) Also, the previous action or thing may be amended, repealed
or revoked under this Act.
Part 2 Prisoners and other persons in
custody
Division 1 Custody and admission
358 Where persons to be detained
(1) This section applies to a person who—
(a) before the commencement, was sentenced to a period of
imprisonment or required by law to be detained for a
period; and
(b) immediately before the commencement was detained in
a corrective services facility.
(2) Subject to this Act, the person must continue to be detained.
(3) However, if the person was detained in a watch house under
previous section 6(2)(b), subsection (2) does not prevent the
person being taken to a corrective services facility.
(4) This section is also subject to the Acts, and provisions of Acts,
mentioned in section 6(3).
359 When persons in chief executive’s custody
(1) A person who, under the 2000 Act, was in the chief
executive’s custody immediately before the commencement
continues to be in the chief executive’s custody, subject to this
Act.
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Note—
See, for example, previous section 7.
(2) Subsection (1) does not prevent the application of a provision
of this Act providing for when a person is in another person’s
custody.
360 When persons in commissioner’s custody
(1) A person who, under the 2000 Act, was in the commissioner’s
custody immediately before the commencement continues to
be in the commissioner’s custody, subject to this Act.
Note—
See, for example, previous section 8.
(2) Subsection (1) does not prevent the application of a provision
of this Act providing for when a person is in another person’s
custody.
361 Authority for admission to corrective services facility
(1) This section applies to a person who—
(a) before the commencement, was validly admitted to a
corrective services facility as mentioned in previous
section 9(1); and
Note—
See section 475.
(b) immediately before the commencement was validly
detained in a corrective services facility.
(2) Subject to this Act, the continued detention of the person in a
corrective services facility is valid.
362 Continuation of record for identifying prisoners
(1) The record kept by the chief executive under previous
section 10(1) and in existence immediately before the
commencement (the previous record) is taken to be part of the
record required under section 10(1).
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(2) The previous record may be dealt with under section 10,
including by destroying photos and prints forming part of the
previous record.
363 Prisoner classifications
(1) This section applies to a prisoner who, immediately before the
commencement, had a classification under previous
section 12 (previous classification).
(2) If, immediately before the commencement, the prisoner’s
previous classification was maximum security, the chief
executive is taken to have classified the prisoner under
section 12(1) with the security classification of maximum.
(3) If, immediately before the commencement, the prisoner’s
previous classification was high security, medium security or
low security, the chief executive is taken to have classified the
prisoner under section 12(1) with the security classification of
high.
(4) If, immediately before the commencement, the prisoner’s
previous classification was open security, the chief executive
is taken to have classified the prisoner under section 12(1)
with the security classification of low.
(5) For applying section 13 to a prisoner to whom this section
applies, the end of the first interval is to be worked out on the
basis of the decision about classification, or a review of a
classification, under previous section 12.
Example for subsection (5)—
A prisoner was classified as maximum security on 1 October 2005. On
26 March 2006, the prisoner’s classification was reviewed under
previous section 12 as low security. No change is made to the
classification before the commencement and, under subsection (3), the
prisoner’s security classification is high on the commencement. Under
section 13(1)(b), a prisoner’s security classification of high must be
reviewed at intervals of not longer than 1 year. Therefore, under
subsection (5), the prisoner’s security classification must be reviewed
before 26 March 2007.
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364 Asking chief executive to reconsider decision about
classification
(1) This section applies if, immediately before the
commencement, a prisoner was entitled to apply under the
2000 Act for a reconsideration of the chief executive’s
decision to change the prisoner’s classification.
Note—
See the repealed Corrective Services Regulation 2001, section 4.
(2) The prisoner may apply for a reconsideration of the decision
under the 2000 Act as if this Act had not been enacted.
(3) However, the chief executive must reconsider the decision,
and may confirm, amend or cancel the decision, as mentioned
in section 16(3).
(4) Also, the chief executive must give the prisoner an
information notice about the reconsidered decision as
mentioned in section 16(4).
Division 2 Management of prisoners
365 Direction given before commencement
A direction given under previous section 14(1) and in force
immediately before the commencement is taken to be a
direction given under section 20(1).
366 Order or direction for medical examination or treatment
(1) This section applies to an order given under previous
section 15(2) (the previous order), or a requirement made
under previous section 15(3)(b) (the previous requirement),
if—
(a) the previous order or previous requirement was in force
immediately before the commencement; and
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(b) the medical examination mentioned in the order or
requirement had not happened or been completed before
the commencement.
(2) The previous order is taken to be an order given under
section 21(3) requiring the medical examination stated in the
previous order.
(3) The previous requirement is taken to be a requirement given
under section 21(4)(a)(ii) requiring the medical examination
stated in the previous requirement.
(4) The previous order and the previous requirement may be
amended or cancelled by the chief executive under section 21.
367 Authorisation for medical examination or treatment
(1) This section applies to an authorisation given under previous
section 15(7) and in force immediately before the
commencement (the previous authorisation) if the medical
examination or treatment mentioned in the authorisation has
not happened or been completed before the commencement.
(2) The previous authorisation is taken to be an authorisation
given under section 21(7) for the medical examination or
treatment.
368 Application or approval for private medical examination
or treatment
(1) This section applies to the following—
(a) an application made under previous section 16(1) if the
application had not been approved or refused before the
commencement (the previous application);
(b) an approval given by the chief executive under previous
section 16(2) if the examination or treatment the subject
of the approval had not happened or been completed
before the commencement (the previous approval).
(2) The previous application is taken to be an application made
under section 22(1).
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(3) The previous approval is taken to be an approval given under
section 22(3) and any conditions that applied under the 2000
Act, or as stated in the previous approval, continue to apply to
the previous approval.
369 Previous notice about lodging notice of intention to
marry and approval and decision about marriage
(1) A notice given to the chief executive under previous
section 23(1) about lodging a notice of intention to marry is
taken to be the notice required under section 26(1) about
lodging a notice of intention to marry.
(2) An approval, and any decision of the chief executive about the
way a marriage is to be conducted, under previous
section 23(2) is taken to be an approval or decision as
mentioned in section 26(2).
370 Previous notice about change of name
Section 27 does not apply to a person who changes the
person’s name if the person gave notice to the chief executive
about the change under previous section 24.
371 Carrying on a business
Section 28(1) does not apply, until the end of 21 days after the
commencement, to a prisoner in a corrective services facility
who was carrying on a business immediately before the
commencement.
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Division 3 Children accommodated with
female prisoners
372 Application or approval for accommodation of child with
prisoner
(1) This section applies if an application was made under
previous section 20 to have a child accommodated with a
prisoner (the previous application).
(2) If the previous application was neither approved nor refused
before the commencement, the previous application is taken
to be an application made under section 29(3).
(3) If the previous application was granted before the
commencement, and the grant was not cancelled or the child
was not removed before the commencement, the previous
application is taken to have been granted under section 30(1).
(4) To remove any doubt, it is declared that, under section 31, the
chief executive may remove a child being accommodated with
a prisoner in a corrective services facility even though the
chief executive did not originally grant the application
allowing the child to be so accommodated.
373 Reviewing decisions about children
(1) This section applies if, immediately before the
commencement, a female prisoner was entitled to apply under
previous section 22 to the chief executive to review a decision
mentioned in that section, but had not applied.
(2) The female prisoner may apply for a review of the decision
under previous section 22, and the chief executive must
review the decision, as if this Act had not been enacted.
374 Existing application for review of decision about
accommodation of child with prisoner
(1) This section applies if, before the commencement—
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(a) a person had applied under previous section 22 for a
review of a decision mentioned in that section; and
(b) the application had not been dealt with by the chief
executive giving the prisoner written notice of the
decision.
(2) The chief executive must deal with the application under
previous section 22 as if this Act had not been enacted.
Division 4 Search of prisoners
375 Existing order for personal searching whenever prisoner
leaves part of secure facility
(1) This section applies to an order given under previous
section 26(1) in relation to a part of a secure facility if the
order was in force immediately before the commencement.
(2) The order is taken to be an order given by the chief executive
under section 34(1) in relation to the part of the secure facility.
376 Existing direction or order for strip searching of prisoner
(1) This section applies to a direction or order given under
previous section 26A in relation to a prisoner if the direction
or order was in force immediately before the commencement.
(2) A direction under previous section 26A(1) is taken to be a
direction given under section 35(1) in relation to the prisoner.
(3) An order under previous section 26A(2)—
(a) is taken to be an order giving effect to a direction under
section 35(1) in relation to the prisoner; and
(b) may be amended or cancelled by the chief executive.
377 Continuation of register of searches
The register kept for a corrective services facility under
previous section 29 and in existence immediately before the
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commencement is taken to be part of the register required
under section 40(1) for the facility.
378 Test samples
(1) A test sample given by a person under previous section 30
before the commencement is taken to have been given by the
person under section 41.
(2) For section 43, a reference to a positive test sample includes—
(a) a test sample for which test results obtained before the
commencement showed the sample to be a positive test
sample under the 2000 Act; or
(b) a test sample given before the commencement for which
test results obtained after the commencement showed
the sample to be a positive test sample under this Act.
379 Requirement for test sample before commencement but
test sample not given
(1) This section applies if—
(a) a person was required to give a test sample as mentioned
in previous section 30; and
(b) the person had not complied with the requirement
before the commencement.
(2) The previous requirement is taken to be a requirement under
section 41.
Division 5 Mail and phone calls
380 Phone calls
The approval of a person or number as mentioned in previous
section 36(1)(b) and in force immediately before the
commencement is taken to be an approval of the person or
telephone number as mentioned in section 50(1)(b).
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Division 6 Special treatment orders and crisis
support orders
381 Special treatment order and crisis support order
(1) This section applies to each of the following (each of which is
a previous order) if the previous order was in force
immediately before the commencement—
(a) a special treatment order made under previous
section 38;
(b) a crisis support order made under previous section 42.
(2) The previous order—
(a) continues in force according to its terms; and
(b) is taken to be a safety order made under section 53.
(3) A medical examination carried out on the prisoner the subject
of the previous order under previous section 40 or 45 is taken
to be a medical examination carried out on the prisoner under
section 57.
382 Review of special treatment order
(1) If, immediately before the commencement, a prisoner had
asked, under previous section 39(2), for a special treatment
order to be referred to an official visitor for review, the chief
executive must ensure the order was or is referred to an
official visitor for review.
(2) The referral of the special treatment order to an official visitor
before or after the commencement is taken to be a referral
made under section 56.
383 Review of crisis support order
(1) If, immediately before the commencement, a prisoner had
asked, under previous section 44(1), for a crisis support order
to be reviewed, the chief executive must ensure the order was
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or is referred to a doctor or psychologist as required under
previous section 44(2).
(2) The referral of the crisis support order to a doctor or
psychologist before or after the commencement is taken to be
a referral made under section 55(1).
384 Continuation of records about special treatment orders
and crisis support orders
(1) This section applies to each of the following records as in
existence immediately before the commencement (each of
which is a previous record)—
(a) the record kept for a corrective services facility under
previous section 41;
(b) the record kept for a corrective services facility under
previous section 46.
(2) Each previous record kept for a corrective services facility is
taken to be part of the record required under section 59(1) for
the facility.
Division 7 Maximum security orders
385 Maximum security order
(1) This section applies to a maximum security order made under
previous section 47 and in force immediately before the
commencement (the previous order).
(2) The previous order—
(a) continues in force according to its terms; and
(b) is taken to be a maximum security order made under
section 60.
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386 Medical examination
A medical examination carried out under previous section 51
on a prisoner the subject of an order made under previous
section 47 is taken to be a medical examination carried out on
the prisoner under section 64.
387 Review of maximum security order
(1) If, immediately before the commencement, a prisoner had
asked, under previous section 50(1) or (6), for an order under
previous section 47 to be referred to an official visitor for
review, the chief executive must ensure the order was or is
referred to an official visitor for review.
(2) The referral of the order to an official visitor before or after
the commencement is taken to be a referral made under
section 63.
(3) If, immediately before the commencement, a prisoner was
entitled under previous section 50(1) to ask for a maximum
security order to be referred to an official visitor for review,
but had not asked, the prisoner may apply under section 63 for
the referral.
388 Continuation of record about maximum security orders
The record kept for a corrective services facility under
previous section 52 and in existence immediately before the
commencement is taken to be part of the record required
under section 65 for the corrective services facility.
Division 8 Transfer and removal of prisoners
389 Transfer to another corrective services facility or health
institution
(1) An order made under previous section 53(1) for a prisoner—
(a) continues in force according to its terms; and
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(b) is taken to be an order made by the chief executive under
section 68(1) for the prisoner.
(2) Subsection (3) applies if, immediately before the
commencement—
(a) a prisoner had asked, under previous section 53(5), for a
review of a decision transferring the prisoner; and
(b) the chief executive had not confirmed, amended or
cancelled the decision.
(3) The chief executive must reconsider the decision as if the
prisoner had made an application for the reconsideration
under section 71(2).
(4) If, immediately before the commencement, a prisoner was
entitled under previous section 53(5) to ask for a review of a
decision transferring the prisoner, but had not asked, the
prisoner may apply under section 71(2) for a reconsideration
of the decision.
(5) To remove any doubt, it is declared that section 68(5) applies
to a person who, before the commencement, was a prisoner
who was transferred to an authorised mental health service
and became a classified patient under the Mental Health Act
2000.
390 Transfer to court
An order or attendance authority as mentioned in previous
section 54(1) for producing a prisoner at a time after the
commencement—
(a) continues in force according to its terms; and
(b) is taken to be an order or attendance authority as
mentioned in section 69(1) for producing the prisoner.
391 Removal of prisoner for law enforcement purposes
(1) An authority given under previous section 55(2) for a prisoner
to be removed from a corrective services facility at a time
after the commencement—
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(a) continues in force according to its terms; and
(b) is taken to be an authority given under section 70(2)
relating to the prisoner.
(2) To remove any doubt, it is declared that section 70(5) applies
to the prisoner.
392 WORC and WCC programs
(1) This section applies to an order made under previous
section 56 for a prisoner to participate in a WORC program or
WCC program as mentioned in that section (the previous
order).
(2) If the previous order was in force immediately before the
commencement, the previous order—
(a) continues in force according to its terms; and
(b) is taken to be a work order made under section 66 for
the prisoner.
Division 9 Leave of absence
393 Existing order for leave other than resettlement leave
(1) This section applies to an order granting leave, other than
resettlement leave, to a prisoner under previous section 58(1)
(the previous order) if the previous order was in force
immediately before the commencement.
(2) The previous order continues in force according to its terms
and is taken to be an order made under section 72.
(3) If previous section 58(1) included a term to describe the leave
granted by the previous order and that term is used in
section 72(1) to describe leave, the previous order is an order
made under section 72(1) for leave with the same term.
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394 Existing order for resettlement leave
(1) This section applies to an order granting resettlement leave to
a prisoner under previous section 58(1)(e) (the previous
order) if the previous order was in force immediately before
the commencement.
(2) The previous order—
(a) continues in force according to its terms; and
(b) is taken to be an order made under section 72(1)(f).
(3) The resettlement leave program under the previous order is
taken to be an approved resettlement leave program.
395 Existing authority for prisoner’s expenses while on leave
An authority under previous section 63(1) that was in force
immediately before the commencement—
(a) continues in force according to its terms; and
(b) is taken to be an authority under section 83(1).
396 Existing suspension of order for leave and requirement
to return to corrective services facility
A suspension and requirement under previous section 64(4)
that was in force immediately before the commencement—
(a) continues in force according to its terms; and
(b) is taken to be a suspension and requirement under
section 85(1).
Division 10 Interstate leave of absence
397 Existing interstate leave permit
(1) This section applies to an interstate leave permit issued to a
prisoner under previous section 67 (the previous permit) if—
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(a) the permit was in force immediately before the
commencement; and
(b) the period stated in the permit had not expired before the
commencement.
(2) The previous permit—
(a) continues in force according to its terms; and
(b) is taken to be an interstate leave permit issued under
section 89.
398 Existing warrant for return of interstate prisoner
(1) This section applies to a warrant issued for an interstate
prisoner under previous section 72(4) (the previous warrant)
if, immediately before the commencement, the warrant was in
effect and had not been executed.
(2) The previous warrant—
(a) continues to have effect according to its terms; and
(b) is taken to be a warrant issued under section 95(4).
399 Liability for damage because of interstate leave permit
Previous section 73 continues to apply in relation to an act
done or omission made, or a right of action that existed,
before the commencement, as if this Act had not been
enacted.
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Division 11 Remission and conditional release
Subdivision 1 Remission
400 Existing grant of remission
A grant of remission made under previous section 75(2) or (4)
before the commencement is not affected by the enactment of
this Act.
401 Eligibility for remission
(1) This section applies if, immediately before the
commencement—
(a) a prisoner was eligible for remission of a term of
imprisonment under previous section 75(1); and
(b) the prisoner had served at least two-thirds of the term of
imprisonment; and
(c) the chief executive had not made a decision about
granting remission of the term of imprisonment.
(2) The chief executive must make a decision about granting the
remission under previous section 75 as if this Act had not
been enacted.
(3) For subsection (2), previous sections 77, 78 and 79 continue
to apply as if this Act had not been enacted.
402 Court order for remaking decision about remission
(1) This section applies to a decision of the chief executive under
previous section 75 or section 401 about a grant of remission
if, after the commencement, a court orders the decision be set
aside and remade.
(2) The chief executive must remake the decision about granting
remission under previous section 75 as if this Act had not
been enacted.
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(3) For subsection (2), previous sections 77, 78 and 79 continue
to apply as if this Act had not been enacted.
Subdivision 2 Conditional release
403 Existing conditional release order
(1) This section applies to a conditional release order for a
prisoner made under previous section 76(3) before the
commencement (the previous order) if, immediately before
the commencement, the previous order had not expired or had
not been suspended or cancelled under previous section 80.
(2) The previous order as in force immediately before the
commencement—
(a) continues in force according to its terms; and
(b) is taken to be a conditional release order for the prisoner
made under section 98(1).
(3) Subsection (4) applies if, immediately before the
commencement, the previous order was suspended or
cancelled under previous section 80 and matters in relation to
the suspension or cancellation had not been fully dealt with
under the 2000 Act.
Examples for subsection (3)—
1 If the chief executive had not issued a warrant under previous
section 80(2), the chief executive may issue a warrant under
section 104(1).
2 If the chief executive had not given the relevant prisoner an
information notice under previous section 80(5), the chief
executive must give the prisoner an information notice under
section 105(1).
(4) Chapter 2, part 2, division 10, subdivision 3 of this Act
applies in relation to the suspension or cancellation.
(5) However, if, because of a suspension or cancellation made
before the commencement, the chief executive intends to
make another order for the conditional release of the prisoner,
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it must be made under this Act and not under previous
section 76.
404 Notice about considering to refuse to make conditional
release order
(1) This section applies if, before the commencement, the chief
executive—
(a) gave a prisoner a notice under previous section 79(2)
about an order for the prisoner’s conditional release (the
previous notice); and
(b) had not given a written notice under previous
section 79(3) refusing the conditional release.
(2) The previous notice is taken to be a notice given to the
prisoner under section 101(1).
Division 12 Arrest of prisoners
405 Existing warrant for prisoner unlawfully at large
(1) A prisoner who, immediately before the commencement, was
unlawfully at large as defined under previous section 85 is
taken to be a prisoner who is unlawfully at large under
section 112.
(2) For section 112(4), any period a prisoner is unlawfully at large
includes any period before the commencement that the
prisoner was unlawfully at large as defined under previous
section 85.
(3) A warrant issued for a prisoner under previous section 85(2)
that, immediately before the commencement, had effect and
had not been executed—
(a) continues in force according to its terms; and
(b) is taken to be a warrant issued under section 112(2); and
(c) may be executed by any corrective services officer or
any police officer.
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Note—
See also the Police Powers and Responsibilities Act 2000,
section 798.
Part 3 Breaches and offences
Division 1 Breaches of discipline by prisoners
406 Act or omission that is a breach of discipline before
commencement
(1) This section applies to an act done or omission made by a
prisoner before the commencement that—
(a) was a breach of discipline under the 2000 Act as in force
immediately before the commencement; and
(b) had not been finally dealt with under that Act before the
commencement.
(2) Previous chapter 3, part 1 (the applied discipline procedure)
applies in relation to the act or omission as if this Act had not
been enacted.
(3) For the applied discipline procedure—
(a) a reference in previous section 86(4) to the person in
charge of a corrective services facility is taken to be a
reference to the person the chief executive considers is
the most appropriate person at the corrective services
facility to whom the commissioner’s advice should be
given; and
(b) a reference in previous section 86(7) to an approved
form is taken to be a reference to the relevant form
approved under the 2000 Act.
(4) Despite subsection (2), previous section 90 does not apply, but
the chief executive must comply with section 120 for a
decision, and any review of a decision, in relation to the act or
omission under the applied discipline procedure.
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407 Existing order for separate confinement
Each of the following orders is taken to be an order made
under section 118(2)(c)—
(a) an order for the separate confinement of a prisoner made
under previous section 88, if the order was in force
immediately before the commencement;
(b) an order for the separate confinement of a prisoner made
after the commencement under the applied discipline
procedure.
Note—
See section 406.
408 Review of decision about breach of discipline
The applied discipline procedure applies to a decision that a
prisoner has committed a breach of discipline, whether the
decision was made—
(a) before the commencement, under previous section 88;
or
(b) after the commencement, under the applied discipline
procedure.
Note—
See section 406.
409 Continuation of disciplinary breach register
A register kept for a corrective services facility under previous
section 90 and in existence immediately before the
commencement is taken to be part of the register required
under section 120 for the corrective services facility.
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Division 2 Seizing property
410 Dealing with seized property
(1) This section applies to a thing seized under previous
section 106 that has not been finally dealt with under previous
chapter 3, part 4 before the commencement.
(2) The thing is taken to have been seized under—
(a) if it is a prisoner’s privileged mail—section 46(1)(a)(i);
or
(b) if it is a prisoner’s ordinary mail—section 46(1)(a)(ii);
or
(c) if it is something found in a prisoner’s privileged
mail—section 47; or
(d) if it is something else—section 138.
(3) A receipt given for the thing under previous section 107 is
taken to be a receipt given for the thing under section 139.
Note—
A thing to which this section applies may be forfeited under section 140
or returned under section 141.
411 Forfeiting seized thing
If, before the commencement, a notice was given under
previous section 108(2) to the owner of a thing mentioned in
previous section 106, the notice is taken to have been given by
the chief executive under section 140(2).
412 Review of decision to forfeit
(1) This section applies to a person who, before the
commencement, was entitled to apply for a review of a
decision to forfeit a thing.
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(2) If, before the commencement, the person had applied for the
review, the application must be dealt with under previous
section 109 as if this Act had not been enacted.
(3) If the person had not applied for the review before the
commencement, the person may apply for the review after the
commencement, but only within 28 days after the notice of the
decision was given to the person.
(4) If the person applies for the review as mentioned in
subsection (3), the application must be dealt with under
previous section 109 as if this Act had not been enacted.
Division 3 Use of lethal force
413 Continuation of authorisation for issue, handling and
storage of weapons
An authorisation given to a corrective services officer under
previous section 114 and in force immediately before the
commencement—
(a) continues in force according to its terms; and
(b) is taken to be an authority given to the officer under
section 145.
414 Continuation of record of use of lethal force
The record kept under previous section 117 and in existence
immediately before the commencement is taken to be part of
the record required under section 148.
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Part 4 Corrective services facilities
Division 1 Existing corrective services
facilities
415 Prisons
(1) The declaration of a place as a prison under previous
section 118(1)(a) and in force immediately before the
commencement is taken to be a declaration of the place as a
prison under section 149(1)(a).
(2) The assignment of a name to a prison under previous
section 118(1)(b) and in force immediately before the
commencement is taken to be an assignment of the name to
the prison under section 149(1)(b).
(3) To remove any doubt, it is declared that the declaration and
assignment continued in force under this section may be
amended or repealed under section 149(1).
416 Community corrections centres
(1) The declaration of a place as a community corrections centre
under previous section 120(1)(a)(i) and in force immediately
before the commencement is taken to be a declaration of the
place as a community corrections centre under
section 151(1)(a)(i).
(2) The assignment of a name to a community corrections centre
under previous section 120(1)(b)(i) and in force immediately
before the commencement is taken to be an assignment of the
name to the community corrections centre under
section 151(1)(b)(i).
(3) To remove any doubt, it is declared that a declaration and
assignment continued in force under this section may be
amended or repealed under section 151(1).
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417 WORC sites and WCC sites
(1) The declaration of a place as a WORC site or WCC site under
previous section 120(1)(a) and in force immediately before
the commencement is taken to be a declaration of the place as
a work camp under section 151(1)(a)(ii).
(2) The assignment of a name to a WORC site or WCC site under
previous section 120(1)(b) and in force immediately before
the commencement is taken to be an assignment of the name
to the work camp under section 151(1)(b)(ii).
(3) To remove any doubt, it is declared that a declaration and
assignment continued in force under this section may be
amended or repealed under section 151(1).
Division 2 Visiting corrective services
facilities
418 Approval for personal visit to be a contact visit
An approval given to a person under previous section 124(1)
and in force immediately before the commencement is taken
to be an approval given by the chief executive under
section 154(1).
419 Existing application for approval to access corrective
services facility
An application under previous section 125(1) for approval to
access a corrective services facility that is neither granted nor
refused before the commencement is taken to be an
application under section 155 in relation to the facility.
420 Approval to access corrective services facility
An approval given to a person under previous section 125(2)
and in force immediately before the commencement is taken
to be an approval given by the chief executive under
section 156(1).
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421 Existing entitlement to apply for review of refusal for
access approval
(1) This section applies if, immediately before the
commencement, a person was entitled to apply under previous
section 125(5) to the chief executive to review a decision
refusing approval to access a corrective services facility.
(2) The person is taken to be a visitor who has been refused an
access approval as mentioned in section 156(7).
422 Proof of identity
A fingerprint, palm print, footprint, toeprint, eye print or
voiceprint kept by the chief executive under previous
section 127 is taken to be an identifying particular for
section 162.
423 Existing suspension of approval to access corrective
services facility
A suspension under previous section 128 in relation to a
person that was in force immediately before the
commencement is taken to be a suspension made by the chief
executive under section 157.
424 Existing entitlement to apply for review of suspension of
approval to access corrective services facility
(1) This section applies if, immediately before the
commencement, a person was entitled to apply under previous
section 128(3) to the chief executive to review a decision
suspending the person from entering a corrective services
facility.
(2) The person is taken to be a visitor whose access approval has
been suspended as mentioned in section 157(6).
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425 Monitoring personal visits
An audiovisual recording, or other monitoring record, made
under previous section 129 and in existence immediately
before the commencement is taken to be an audiovisual
recording, visual recording or other monitoring record, under
section 158.
Part 5 Parole
Division 1 Existing post-prison community
based release orders
426 Post-prison community based release order
A post-prison community based release order granted under
the 2000 Act and in force immediately before the
commencement (the previous order)—
(a) continues in force according to its terms; and
(b) is taken to be a parole order granted under this Act.
427 Eligibility for post-prison community based release order
(1) This section applies to a prisoner who was eligible,
immediately before the commencement, for a post-prison
community based release order under previous section 134.
(2) The date the prisoner was eligible to apply for the post-prison
community based release order under previous section 135 is
taken to be the prisoner’s parole eligibility date for a parole
order under chapter 5, part 1, division 1, subdivision 2.
(3) Subsection (2) is subject to the Penalties and Sentences Act
1992, section 213.
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428 Application for post-prison community based release
order
(1) This section applies to an application for a post-prison
community based release order made, but not decided, under
previous section 133 or 134 before the commencement (the
previous application).
(2) The previous application is taken to be an application for a
parole order—
(a) if the previous application was made under previous
section 133—under section 176; or
(b) if the previous application was made under previous
section 134—under section 180.
(3) The previous application is taken to have been made to, or for
a parole order to be granted by, the replacement board for the
parole board that may, under the 2000 Act, have granted the
parole order.
(4) This Act applies to the previous application in relation to the
way the replacement board may deal with the previous
application.
429 Existing authority for prisoner’s expenses while on
parole
An authority given under previous section 145(2) and in force
immediately before the commencement—
(a) continues in force according to its terms; and
(b) may be amended or cancelled by the chief executive.
430 Travelling interstate or overseas while on parole
(1) This section applies to an order under previous section 147 or
148 (the previous order) granting leave to a prisoner if any
time for taking the leave as stated in the previous order has not
expired.
(2) The leave is taken to have been granted by—
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(a) if the leave was for the prisoner to travel interstate for
not more than 7 days—the chief executive under
section 212(1); or
(b) if the leave was for the prisoner to travel interstate for
more than 7 days—the relevant replacement board
under section 212(3); or
(c) if the leave was for the prisoner to travel overseas—the
Queensland board under section 213.
(3) In this section—
relevant replacement board means the replacement board for
the parole board that granted the leave to the prisoner.
431 Suspension of parole order by chief executive
(1) This section applies to a post-prison community based release
order (the previous order) that was suspended by an order of
the chief executive under previous section 149 if the
suspension was in force immediately before the
commencement.
(2) The previous order is taken to have been suspended under
section 201(2).
(3) If, because of the suspension, the chief executive issued a
warrant under previous section 149(2) and the warrant was in
effect and had not been executed before the commencement,
it—
(a) continues to have effect according to its terms; and
(b) is taken to be a warrant issued under section 202.
(4) If the chief executive had not issued a warrant under previous
section 149(2), the chief executive may issue a warrant under
section 202 for the prisoner the subject of the previous order.
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432 Amendment, suspension or cancellation of parole order
by corrections board
(1) This section applies to a post-prison community based release
order (the previous order) that was amended, suspended or
cancelled by an order of a corrections board under previous
section 150 if the amendment, suspension or cancellation was
in force immediately before the commencement.
(2) The previous order is taken to have been amended, suspended
or cancelled by the replacement board for the corrections
board under section 205(2).
(3) If, because of the suspension or cancellation, a warrant was
issued under previous section 150(2) and the warrant was in
effect and had not been executed before the commencement,
it—
(a) continues to have effect according to its terms; and
(b) is taken to be—
(i) for a warrant issued by the corrections board under
previous section 150(2)(a)—a warrant issued by
the replacement board for the corrections board
under section 206(1)(a); or
(ii) for a warrant issued under previous
section 150(2)(b)—a warrant issued under
section 206(1)(b).
(4) If a warrant had not been issued under previous section 150(2)
before the commencement, a warrant may be issued by the
replacement board for the corrections board or a magistrate
under section 206 for the prisoner the subject of the previous
order.
(5) If an information notice was given to the prisoner under
previous section 150(5) and written submissions given to the
corrections board by the prisoner had not been finally dealt
with under previous section 150(6) before the
commencement, the information notice is taken to have been
given by the replacement board for the corrections board
under—
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(a) for an information notice about the amendment of the
previous order—section 205(3); or
(b) for an information notice about the suspension or
cancellation of the previous order—section 208(1).
(6) If an information notice had not been given to the prisoner
under previous section 150(5) before the commencement, an
information notice may be given to the prisoner by the
replacement board for the corrections board under—
(a) for an information notice about the amendment of the
previous order—section 205(3); or
(b) for an information notice about the suspension or
cancellation of the previous order—section 208(1).
(7) If the replacement board changes the decision the subject of
an information notice mentioned in subsection (5) or (6), the
changed decision has effect despite section 426(a).
433 Reviewing existing regional board’s decision to refuse
application
(1) This section applies if, before the commencement—
(a) a prisoner applied under previous section 155 for a
review of a refusal of an application by the prisoner; and
(b) the Queensland board established under the 2000 Act
had not taken action mentioned in previous
section 155(5)(a) or (b).
(2) The Queensland Parole Board must review the refusal under
chapter 5, part 1, division 2, subdivision 3.
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Division 2 Existing community corrections
boards
Subdivision 1 Queensland Community
Corrections Board
434 Queensland Community Corrections Board
(1) The Queensland Community Corrections Board established
under the 2000 Act continues in existence as the Queensland
Parole Board until whichever of the following happens first—
(a) the appointment day of the Queensland Parole Board;
(b) 1 year after the commencement.
(2) The person who, immediately before the commencement,
holds appointment as the president, or deputy president, of the
Queensland Community Corrections Board holds office as the
president, or deputy president, of the Queensland Parole
Board until its appointment day.
(3) In this section—
appointment day, of the Queensland Parole Board, means the
day on which each of the appointments mentioned in
section 218(1)(a) and (b) is published in the gazette for the
first time under that section.
435 Secretary of Queensland Community Corrections Board
(1) This section applies to the person who was the secretary of the
Queensland Community Corrections Board immediately
before the commencement.
(2) The person is taken to have been appointed as secretary of the
Queensland board under section 223.
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436 Existing guidelines
Guidelines made under previous section 167 and in force
immediately before the commencement are taken to be—
(a) for guidelines made under previous
section 167(1)—guidelines made under section 227(1);
or
(b) for guidelines made under previous
section 167(2)—guidelines made under section 227(2).
437 Annual report
(1) This section applies if the annual report for the financial year
ending 30 June 2006 as required under previous section 168
has not been given under that section before the
commencement.
(2) The Queensland Parole Board must give the report to the
Minister under previous section 168 as if this Act had not
been enacted.
Subdivision 2 Regional community corrections
boards
438 Existing regional boards
(1) The following existing regional boards are taken to have been
established under this Act as the Central and Northern
Queensland Regional Parole Board for the area north of
latitude 26º south—
(a) the North Queensland Regional Community Corrections
Board;
(b) the Townsville Regional Community Corrections Board;
(c) the Central Queensland Regional Community
Corrections Board.
(2) The following existing regional boards are taken to have been
established under this Act as the Southern Queensland
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Regional Parole Board for the area south of latitude 26º
south—
(a) the Brisbane Regional Community Corrections Board;
(b) the South Queensland Regional Community Corrections
Board;
(c) the West Moreton Regional Community Corrections
Board.
(3) Subsections (1) and (2) do not affect section 230 and a
regulation under that section may abolish a regional board
mentioned in subsection (1) or (2) or assign a different name
to a regional board mentioned in subsection (1) or (2).
439 Continuation of member’s appointment
(1) A person who, immediately before the commencement, holds
appointment as a member of an existing regional board
mentioned in section 438(1) is taken to be a member of the
Central and Northern Queensland Regional Parole Board until
the member’s office is vacated under section 236.
(2) A person who, immediately before the commencement, holds
appointment as a member of an existing regional board
mentioned in section 438(2) is taken to be a member of the
Southern Queensland Regional Parole Board until the
member’s office is vacated under section 236.
(3) A person who, immediately before the commencement, holds
appointment as the president, or deputy president, of an
existing regional board goes out of office as the president, or
deputy president, on the commencement and is not entitled to
compensation because of the operation of this subsection.
440 Secretary of existing regional board
A person who, immediately before the commencement, holds
appointment as the secretary of an existing regional board
goes out of office as the secretary on the commencement.
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441 Annual report of existing regional board
(1) This section applies if the annual report for an existing
regional board for the financial year ending 30 June 2006 has
not been given under previous section 180 before the
commencement.
(2) The replacement board must give the report to the Queensland
board on or before 30 September 2006.
(3) For subsection (2), the person who was the president of the
existing regional board must give help to the replacement
board.
Subdivision 3 Powers of corrections boards
442 Powers of corrections board to require attendance
(1) This section applies if, before the commencement—
(a) a corrections board issued an attendance notice under
previous section 182 (the previous attendance notice);
and
(b) the time stated in the previous attendance notice as the
stated time for a person to attend a board meeting to give
relevant information, or to produce a stated document,
has not ended.
(2) The previous attendance notice—
(a) continues in force according to its terms; and
(b) is taken to be an attendance notice given by the
replacement board under section 242.
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Part 6 Administration
Division 1 Chief executive
443 Functions and powers of chief executive
(1) This section applies if—
(a) the chief executive exercised a power under previous
section 188 (the previous power) and the power may be
exercised by the chief executive under this Act; and
(b) the previous power, as exercised, continued to have
effect immediately before the commencement.
(2) The previous power, as exercised—
(a) continues to have effect; and
(b) is taken to have been exercised under section 263.
444 Existing administrative policies and procedures
(1) An administrative policy made under previous section 189(1)
and in force immediately before the commencement continues
in force according to its terms.
(2) An administrative procedure made under previous
section 189(1) and in force immediately before the
commencement—
(a) continues in force according to its terms; and
(b) is taken to have been made under section 265(1).
445 Existing services and programs
A service or program established under previous
section 190(1) and in existence immediately before the
commencement is taken to have been established under
section 266(1).
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446 Monitoring devices
If, before the commencement, the chief executive required an
offender to wear a device under previous section 191 and the
requirement continued to have effect immediately before the
commencement, the requirement—
(a) continues in force according to its terms; and
(b) is taken to have been made under section 267.
447 Declaration of emergency
(1) This section applies if, before the commencement—
(a) the chief executive declared an emergency exists in
relation to a prison under previous section 192 (the
previous declaration); and
(b) the previous declaration had not lapsed or been revoked.
(2) The previous declaration—
(a) continues in force according to its terms; and
(b) is taken to have been made under section 268.
448 Commissioner to provide police
If, before the commencement, the chief executive asked the
commissioner to provide police officers under previous
section 193, the request is taken to have been made under
section 269.
Division 2 Engaged service providers
449 Existing authorisation for engaged service provider
An authorisation of an entity as an engaged service provider
under previous section 196 and in force immediately before
the commencement (the previous authorisation)—
(a) continues in force according to its terms; and
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(b) is taken to be an authorisation of the entity as an
engaged service provider under section 272.
450 Review of engaged service provider’s performance
(1) This section applies to the appointment of a person under
previous section 198(1) to review an engaged service
provider’s performance of authorised functions (the previous
appointment) if, before the commencement, the person had
not finished preparing the report on the review for the chief
executive.
(2) The previous appointment—
(a) continues in force according to its terms; and
(b) is taken to be an appointment under section 274 to
review the engaged service provider’s performance of
the authorised functions.
Division 3 Continuing appointments
451 General provision about appointments or authorisations
continued under div 3
An appointment or authorisation made before the
commencement that is, under this division, taken to be an
appointment or authorisation under a provision of this Act,
continues—
(a) until the end of the term of appointment or
authorisation, if any; and
(b) on the conditions of the appointment or authorisation
that are consistent with this Act.
452 Corrective services officers
A person who, immediately before the commencement, was a
corrective services officer under previous section 201 is taken
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to be appointed as a corrective services officer under
section 275.
453 Corrective services dogs
A dog that, immediately before the commencement, was a
corrective services dog under previous section 205(b) is taken
to be certified as a corrective services dog under section 279.
454 Doctors
A person who, immediately before the commencement, was a
doctor for a prison under previous section 209(1)(a) is taken
to be appointed as a doctor for the prison under
section 283(1).
Note—
There is no longer to be an appointment of a doctor for a corrective
services facility that is not a prison.
455 Official visitors
(1) A person who, immediately before the commencement, was
an official visitor for a corrective services facility under
previous section 211 is taken to be appointed as an official
visitor under section 285.
(2) Section 285(2) does not apply to the person if the person has
been appointed as an official visitor for more than 6 years,
including any period before the commencement.
456 Elders, respected persons and indigenous spiritual
healers
(1) This section applies to a person who, immediately before the
commencement, was an Aboriginal or Torres Strait Islander
elder, respected person or indigenous spiritual healer for a
corrective services facility under previous section 218.
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(2) The person is taken to be appointed as an Aboriginal or Torres
Strait Islander elder, respected person or indigenous spiritual
healer for the facility under section 293.
457 Inspectors
A person who, immediately before the commencement, was
an inspector under previous section 219 is taken to be
appointed as an inspector under section 294.
458 Inspector’s reports
(1) This section applies if, before the commencement, inspectors
appointed under previous section 219(3) to investigate an
incident had not given the chief executive a report as required
under previous section 223.
(2) The inspectors are taken to have been appointed under
section 295(1) for the incident.
Note—
Section 305 provides for the inspectors’ report.
(3) To remove any doubt, it is declared that section 295(2) does
not apply to the appointment.
459 Volunteers
A person who immediately before the commencement was a
volunteer under previous section 224 is taken to be authorised
as a volunteer under section 306.
460 Prisoner in proper officer of the court’s custody
(1) A person who, under previous section 231, was in the custody
of the proper officer of a court immediately before the
commencement continues in the custody of the proper officer
of the court under section 307(2).
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(2) Subsection (1) does not prevent the application of a provision
of this Act providing for when a person is in another person’s
custody.
Division 4 Property
461 Prisoners trust fund
(1) The prisoners trust fund kept under previous section 233 is
continued in existence as the prisoners trust fund (the new
fund) required to be kept by the chief executive under
section 311(1).
(2) An amount in the prisoners trust fund to the credit of a
prisoner immediately before the commencement is the
amount in the prisoner’s account in the new fund.
(3) If the chief executive was authorised under previous
section 236 to deduct an amount from a prisoner’s account but
had not deducted the amount before the commencement, the
deduction may be made under section 314.
462 Trust account records
The records kept under previous section 234 and in existence
immediately before the commencement are taken to be part of
the records required to be kept under section 312.
463 Investment of prisoners trust fund
Section 315(2) applies in relation to any investment made
under previous section 237(1) if the investment matures after
the commencement.
464 Remuneration of prisoners
(1) An approval of an activity or program under previous
section 238 and in force immediately before the
commencement—
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(a) continues in force according to its terms; and
(b) is taken to have been given under section 316.
(2) The rates set by the chief executive under previous
section 238 and in force immediately before the
commencement—
(a) continue in force according to the terms of setting the
rates; and
(b) are taken to have been set under section 316.
Division 5 Compensation
465 Compensation for loss or damage to property
(1) This section applies if, immediately before the
commencement, a person was entitled to apply under previous
section 241(2) for compensation for loss or damage
mentioned in the section.
(2) The person may apply for the compensation under previous
section 241(2) as if this Act had not been enacted.
Division 6 Information
466 Concerned persons
(1) The register of concerned persons established under previous
section 242 and in existence immediately before the
commencement is taken to be part of the eligible persons
register.
(2) An application under previous section 242(2) that has neither
been granted nor refused before the commencement is taken
to be an application under section 320(2).
(3) A notice under previous section 242(3) is taken to be the
nomination of an entity under section 320(4).
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467 Commissioner to provide criminal history
(1) This section applies if, before the commencement—
(a) the chief executive asked the commissioner for a report
about the criminal history of a person under previous
section 244 (the previous request); and
(b) the commissioner had not given the report.
(2) The previous request is taken to be a request under—
(a) for a previous request about an offender mentioned in
previous section 244(1)(a)—section 342(1); or
(b) otherwise—section 334(2).
468 Traffic history
(1) This section applies if, before the commencement—
(a) the chief executive asked the transport chief executive
for a report about an offender’s traffic history under
previous section 244A (the previous request); and
(b) the transport chief executive had not given the report.
(2) The previous request is taken to be a request under
section 343.
Division 7 Legal provisions
469 Proceedings
(1) A proceeding started before the commencement under a
provision of any of the repealed Acts, and pending at the
commencement, may be continued as if this Act had not been
enacted.
(2) In this section—
proceeding means a proceeding—
(a) under the Judicial Review Act 1991 in relation to a
decision made under any of the repealed Acts; or
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(b) for an offence against a provision of any of the repealed
Acts.
Part 7 Other transitional provisions
470 References in Acts or documents
In an Act or document, if the context permits—
(a) a reference to the Corrective Services Act 2000 is taken
to be a reference to this Act; and
Example of document for paragraph (a)—
an industrial instrument within the meaning of the Industrial
Relations Act 1999
(b) a reference to the Corrective Services Regulation 2001
is taken to be a reference to a regulation made under this
Act; and
(c) a reference to a WORC site or WCC site is taken to be a
reference to a work camp; and
(d) a reference to the person in charge of a corrective
services facility, or a particular type of corrective
services facility, within the meaning of the 2000 Act is
taken to be a reference to the chief executive; and
(e) a reference to a special treatment order or crisis support
order is taken to be a reference to a safety order; and
(f) a reference to a community work order is taken to be a
reference to a work order; and
(g) a reference to a post-prison community based release
order is taken to be a reference to a parole order; and
(h) a reference to post-prison community based release is
taken to be a reference to parole; and
(i) a reference to the Queensland Community Corrections
Board is taken to be a reference to the Queensland
Parole Board; and
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(j) a reference to a regional community corrections board is
taken to be a reference to—
(i) generally, a regional parole board; or
(ii) if the reference is to the North Queensland
Regional Community Corrections Board, the
Townsville Regional Community Corrections
Board or the Central Queensland Regional
Community Corrections Board—the Central and
Northern Queensland Regional Parole Board; or
(iii) if the reference is to the Brisbane Regional
Community Corrections Board, the South
Queensland Regional Community Corrections
Board or the West Moreton Regional Community
Corrections Board—the Southern Queensland
Regional Parole Board.
471 Authorities and actions
(1) This section applies to an authority made, or an action taken,
under a previous provision, if the authority was in force or the
action continued to have effect immediately before the
commencement.
(2) If there is a corresponding provision of this Act for the
previous provision, the authority or action—
(a) continues in force, or continues to have effect, according
to its terms; and
(b) is taken to have been made or taken under the
corresponding provision of this Act.
(3) This section is subject to a specific provision of this chapter in
relation to the authority or action.
(4) In this section—
authority means an approval, authorisation, certificate,
classification, decision, declaration, determination, direction,
guideline, instrument, order, parole order, permit, policy,
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procedure, recommendation, transfer instrument or other
authority.
corresponding provision of this Act, for an authority or
action, includes a provision of this Act that provides for the
authority to be made, or action to be taken, by the chief
executive even if the person who made the authority or took
the action under the previous provision was not the chief
executive.
made includes given and issued.
order includes an order given orally or in writing, but does not
include a parole order.
previous provision, for an authority made or action taken,
means a provision of one of the repealed Acts under which the
authority may be made or action taken.
472 Corrective Services Rules
(1) To remove any doubt, it is declared that, to the extent the
corrective services rules were in force immediately before the
expiry of the 2000 Act, section 272, the corrective services
rules expired on the expiry of that section.
Note—
The 2000 Act, section 272 expired on 1 July 2002.
(2) It is declared that there is not, and never has been, a
requirement to publish any of the following rules of the
corrective services rules—
• rule 32 (Prisoner construction of electronic or
electromechanical devices)
• rule 111 (Prescription of Industrial and Community
Work Centre, Wacol, as a place for the transfer of
prisoners)
• rule 172 (Prisoner protection)
• rule 223 (Security related training weapons and
munition standards)
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• rule 226 (Standard operational procedures for the
establishment of an incident management centre (IMC))
• rule 230 (Management of hostage incidents in custodial
correctional centres)
• rule 232 (Operation of Barringer Ionscan narcotics and
explosives detection unit)
• rule 233 (Maximum security unit)
• rule 236 (Risk management)
• rule 239 (Prisoner escort)
• rule 240 (Incident management).
(3) In this section—
corrective services rules means the corrective services rules—
(a) made under the Corrective Services (Administration)
Act 1988; and
(b) under the 2000 Act, section 272, continued in force as
regulations under the 2000 Act.
473 Previous expectations of prisoner
(1) This section applies to a prisoner sentenced for an offence
committed before the commencement, whether or not the
prisoner was sentenced for the offence after the
commencement.
(2) From the commencement, this chapter and chapters 2 and 5
are the only provisions dealing with the previous expectations
of the prisoner.
(3) If, before the commencement, the prisoner had a previous
expectation, it is extinguished to the extent it is not provided
for under subsection (2).
(4) Subsections (2) and (3) apply in relation to an application
made by the prisoner and dealt with after the commencement
even if the application was made before the commencement.
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(5) This section has no effect in relation to a proceeding
mentioned in section 469.
(6) However, this section prevails to the extent it is inconsistent
with—
(a) section 471; or
(b) the Acts Interpretation Act 1954, sections 20 and
20C(3), the Criminal Code, section 11(2), the Penalties
and Sentences Act 1992, section 180 or any other law of
similar effect.
Note—
The Acts Interpretation Act 1954, section 20 deals with the
saving of the operation of a repealed Act etc., and section 20C of
that Act deals with the creation of offences and changes in
penalties.
The Criminal Code, section 11(2) deals with the effect of
changes in a law.
The Penalties and Sentences Act 1992, section 180 deals with
the effect of alterations in sentences.
(7) In this section—
previous expectation, for a prisoner, means any expectation
the prisoner may have had in relation to a matter under the
2000 Act, including, for example, any of the following—
(a) an expectation to have a review of a classification as
mentioned in previous section 12(4);
(b) an expectation to be transferred under previous
section 53(1);
(c) an expectation to be granted approval as mentioned in
previous section 56(2);
(d) an expectation to be eligible to participate in a WORC
program or WCC program as mentioned in previous
section 57;
(e) an expectation to be granted leave of absence under
previous chapter 2, part 2, division 9;
(f) an expectation to be granted remission under previous
section 75;
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(g) an expectation to be granted conditional release under
previous section 76;
(h) an expectation to be discharged or released on a
particular day, as mentioned in previous section 82 or
83.
474 All release to be dealt with under this Act
(1) This section applies to a prisoner sentenced for an offence
committed before the commencement, whether or not the
prisoner was sentenced for the offence after the
commencement.
(2) From the commencement—
(a) this chapter and chapters 2 and 5 are the only provisions
under which the prisoner may be released before the end
of the period of imprisonment to which the prisoner has
been sentenced; and
(b) the only requirements for the granting of the release are
the requirements that apply under this Act.
(3) If, before the commencement, the prisoner had any
expectation to be able, after the commencement, to be
released before, or to be considered for a release taking effect
before, the end of the period of imprisonment to which the
prisoner has been sentenced, the expectation is extinguished
to the extent that the release is not provided for under
subsection (2).
(4) Subsections (2) and (3) apply in relation to an application
made by the prisoner and dealt with after the commencement
even if the application was made before the commencement.
(5) If a form of release for which the prisoner made an application
before the commencement corresponds to a form of release
that, after the commencement, is available under chapter 5,
the application must be dealt with, to the greatest practicable
extent, as an application for the form of release under
chapter 5, but this subsection does not authorise release before
the prisoner’s parole eligibility date.
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(6) This section has no effect in relation to a proceeding
mentioned in section 469.
(7) However, this section prevails to the extent it is inconsistent
with—
(a) section 470; or
(b) the Acts Interpretation Act 1954, sections 20 and
20C(3), the Criminal Code, section 11(2), the Penalties
and Sentences Act 1992, section 180 or any other law of
similar effect.
(8) In this section—
expectation includes right, privilege, entitlement and
eligibility.
Part 8 Declaration and validation
provisions
475 Declaration and validation about particular warrants
issued under Penalties and Sentences Act 1992
(1) It is declared that—
(a) a Magistrates Court has and always has had, including
before the commencement of this section, power to
issue a warrant for a person’s detention for the purposes
of a relevant Corrective Services Act provision; and
(b) a warrant for a person’s detention issued or purported to
have been issued by a Magistrates Court for a relevant
Corrective Services Act provision was sufficient for its
purpose.
Note—
See the definition warrant in schedule 4.
(2) In this section—
relevant Corrective Services Act provision means—
(a) the 2000 Act, section 9(1)(a); or
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(b) a provision of one of the other repealed Acts that
corresponded to the provision mentioned in
paragraph (a).
476 Declaration about prisoner for 2000 Act, ch 5, pt 1
(1) It is declared that a person, including a person who was the
subject of a post-prison community based release order within
the meaning of the 2000 Act, was and always was a prisoner
for that Act, chapter 5, part 1 (the relevant provisions) during
the period starting on 1 October 2003 and ending on the
commencement of this section, if, during the period, the
person was in the custody of the chief executive of the
department in which that Act was administered.
(2) To remove any doubt, it is declared that a decision made or
purportedly made, or an action taken or purportedly taken, in
relation to the person under the relevant provisions is, and
always has been, as valid as it would have been if the person
were a prisoner for the relevant provisions when the decision
was made or the action was taken.
Part 9 Saving, transitional and
validating provisions for
Corrective Services Act 2000
477 Purpose of pt 9
(1) The purpose of this part is to provide for the continuing effect
of particular provisions of the 2000 Act to the extent the
provisions have effect immediately before the
commencement.
(2) However, this part does not limit the application of the Acts
Interpretation Act 1954, section 20A to a declaration of a
thing for a saving or transitional purpose under the 2000 Act
as mentioned in that section for a matter not dealt with in this
part.
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478 Provisions for sch 2
(1) The provisions set out in schedule 2 (the continuing
provisions) continue to apply in relation to matters before the
commencement to which they would have applied under the
2000 Act.
(2) For subsection (1), the continuing provisions—
(a) are numbered with the section numbers of the 2000 Act;
and
(b) are to be read in the context of the 2000 Act.
Examples for paragraph (b)—
1 A reference in a continuing provision to ‘the
commencement of this section’ is a reference to when the
section commenced as part of the 2000 Act.
2 A term used in a continuing provision (for example, ‘post-
prison community based release order’) is the term as
defined in the 2000 Act.
Chapter 7A Other transitional and
validation provisions
Part 1 Transitional provisions for
Criminal Code (Drink Spiking)
and Other Acts Amendment Act
2006
478A Previous expectations of sexual offenders about leave of
absence
(1) This section applies to a prisoner sentenced for a sexual
offence committed before the commencement of this section
(the commencement), whether or not the prisoner was
sentenced for the offence after the commencement.
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(2) If, before the commencement, the prisoner had an expectation
to be granted prohibited leave after the commencement, it is
extinguished.
(3) An application for prohibited leave made by the prisoner, but
not decided, before the commencement is of no effect.
(4) If this section is inconsistent with section 473, this section
prevails to the extent of the inconsistency.
(5) In this section—
expectation includes right, privilege, entitlement and
eligibility.
prohibited leave means leave of absence other than
compassionate leave or health leave.
478B Previous expectations of sexual offenders about
resettlement leave
(1) This section applies to a prisoner to whom section 478A(1)
applies if—
(a) the prisoner was granted resettlement leave before the
commencement of section 82(1)(e) (the
commencement); and
(b) the chief executive cancels the operation of the order for
the prisoner’s resettlement leave under section 85(2)
because the Queensland board suspended or cancelled
the prisoner’s resettlement leave program, whether
before or after the commencement.
(2) The pre-amended Act applies for the purpose of the
following—
(a) section 80;
(b) an amendment of the resettlement leave program;
(c) an application made under the Judicial Review Act 1991
in relation to the Queensland board’s decision to
suspend or cancel the resettlement leave program.
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(3) If the Queensland board, whether before or after the
commencement, changes its decision to suspend or cancel its
approval of the resettlement leave program for the prisoner,
the chief executive must act under section 74 to give effect to
the changed decision as if section 9 of the amending Act had
not been enacted.
(4) If the Queensland board, whether before or after the
commencement approves a resettlement leave program for the
prisoner following an order made under the Judicial Review
Act 1991, section 30, the chief executive must act under
section 74 in relation to the approved resettlement leave
program as if section 9 of the amending Act had not been
enacted.
(5) If, in accordance with subsection (3) or (4), the chief
executive grants the prisoner resettlement leave, the
pre-amended Act applies to the prisoner for the resettlement
leave.
(6) In this section—
amending Act means the Criminal Code (Drink Spiking) and
Other Acts Amendment Act 2006.
pre-amended Act means this Act as in force immediately
before the commencement of section 9 of the amending Act.
Part 2 Transitional provisions for
Corrective Services and Other
Legislation Amendment Act
2008
478C Definitions for pt 2
In this part—
commencement means the commencement of this section.
relevant person see section 319A.
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478D Discrimination complaints not decided before
commencement
(1) This section applies to a complaint by a relevant person to the
anti-discrimination commissioner under the
Anti-Discrimination Act, section 134 about an alleged
contravention of that Act committed by a protected defendant
against an offender that was made but not decided before the
commencement.
(2) Chapter 6, part 12A, other than sections 319D and 319I(1),
(4) and (5), does not apply to the complaint.
478E Relevant money awarded after commencement
(1) This section applies to relevant money awarded in relation to a
person after the commencement.
(2) Chapter 6, part 12B applies to the relevant money even if—
(a) the award of damages forming the relevant money was
for a civil wrong committed by a protected defendant
against the person before the commencement; or
(b) the award of compensation forming the relevant money
was for a contravention of the Anti-Discrimination Act
committed by a protected defendant against the person
before the commencement.
478F Legal costs of victim claims brought before
commencement
Section 319ZL only applies to the legal costs of a victim claim
started after the commencement.
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Part 3 Transitional provision for
Criminal Code and Other Acts
Amendment Act 2008
479 Reference in sch 1 to Criminal Code provision
Schedule 1 applies as if the reference to the Criminal Code,
section 208 included a reference to the Criminal Code,
section 209 as in force at any time before its repeal by the
Criminal Code and Other Acts Amendment Act 2008.
Part 4 Transitional provisions for
Corrective Services and Other
Legislation Amendment Act
2009
480 Definitions for pt 4
In this part—
amending Act means the Corrective Services and Other
Legislation Amendment Act 2009.
commencement means the commencement of this part.
previous, if followed by a provision number, means the
provision of that number as in force immediately before the
commencement.
481 Existing order for reintegration leave
(1) This section applies to an order granting reintegration leave to
a prisoner under previous section 72(1)(e) if the order was in
force immediately before the commencement.
(2) The order continues in force according to its terms.
(3) This Act continues to apply for the reintegration leave as if the
amending Act had not been enacted.
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482 Existing order for resettlement leave
(1) This section applies to an order granting resettlement leave to
a prisoner under previous section 72(1)(f) if the order was in
force immediately before the commencement.
(2) The order continues in force according to its terms.
(3) This Act continues to apply for the resettlement leave as if the
amending Act had not been enacted.
483 Existing approved resettlement leave programs
(1) This section applies if, before the commencement—
(a) a resettlement leave program for a prisoner was
approved under previous section 76(1) or 77(1); and
(b) the resettlement leave program had not ended.
(2) This Act continues to apply for the resettlement leave
program and the prisoner’s resettlement leave as if the
amending Act had not been enacted.
Example—
Previous section 72(1)(f) continues to apply for leave for the prisoner to
participate in the resettlement leave program.
484 Existing applications for approval of resettlement leave
programs
(1) This section applies if, before the commencement—
(a) a prisoner applied for approval of a resettlement leave
program under previous section 75(1); and
(b) the application had not been decided.
(2) This Act continues to apply as if the amending Act had not
been enacted for—
(a) deciding the application; and
(b) if the approval is granted—any resettlement leave
program and the prisoner’s resettlement leave under the
program.
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485 Previous expectations of prisoner about reintegration
leave or resettlement leave
(1) This section applies if, before the commencement, a
prescribed prisoner had an expectation to be granted—
(a) reintegration leave under previous section 72(1)(e); or
(b) resettlement leave under previous section 72(1)(f).
(2) Subject to subsection (3), the expectation is extinguished.
(3) A proceeding started before the commencement, and pending
at the commencement, may be continued as if the amending
Act had not been enacted.
(4) If the outcome of the proceeding is that the prescribed
prisoner is to be granted leave mentioned in subsection (1),
this Act applies for the leave as if the amending Act had not
been enacted.
(5) In this section—
prescribed prisoner means a prisoner other than a prisoner to
whom any of the following applies—
(a) an order mentioned in section 481 or 482;
(b) a resettlement leave program mentioned in section 483;
(c) section 484.
proceeding means a proceeding—
(a) under the Judicial Review Act 1991 in relation to a
decision made under this Act; or
(b) for an offence against a provision of this Act.
486 Application of ss 185A and 199(5)
(1) Despite sections 185A and 199(5), a proceeding started before
the commencement, and pending at the commencement, in
relation to the issue of a court ordered parole order under
section 199(1) for a prescribed prisoner may be continued as
if the amending Act had not been enacted.
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(2) If the outcome of the proceeding is that the court ordered
parole order must be issued for the prescribed prisoner, this
Act applies for the prescribed prisoner’s court ordered parole
as if the amending Act had not been enacted.
(3) In this section—
prescribed prisoner means a prisoner to whom section 185A
applies.
proceeding means a proceeding under the Judicial Review Act
1991.
487 Application of previous s 193(5)
(1) Subject to subsections (3) and (4), previous section 193(5)
does not apply, and is taken never to have applied, to a
prisoner’s application for a parole order made on or after 1
July 2001.
(2) Subject to subsections (3) and (4) if, before the
commencement, a prisoner had any entitlement or expectation
in relation to a parole board’s failure to make a decision in
accordance with previous section 193(5), the entitlement or
expectation is extinguished.
(3) Subsections (1) and (2) do not affect a decision of a court
made before the commencement in relation to the validity of a
parole board’s decision on a prisoner’s application for a parole
order.
(4) Also, subsections (1) and (2) do not affect a decision of the
Queensland board under section 198, made before the
commencement, in relation to a decision a regional board was
taken to have made under previous section 193(5).
488 Declarations for s 209
(1) On and from 28 August 2006, a prisoner’s parole order is
taken not to have been automatically cancelled under a
previous automatic cancellation provision if—
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(a) the prisoner was sentenced to another term or period of
imprisonment as mentioned in the provision; and
(b) the term or period was limited to a term or period of
imprisonment until the court rises.
(2) Subsection (3) applies if, before the commencement, a
prisoner subject to a parole order was sentenced to a term or
period of imprisonment ordered by a court to be served until
the court rises.
(3) To remove any doubt, it is declared that anything done or
purportedly done, or any omission made or purportedly made,
under this Act or the repealed Corrective Services Act 2000 in
reliance on the automatic cancellation of the parole order,
before the commencement, under a previous automatic
cancellation provision is and always was valid.
(4) Subsection (3) does not affect a decision of a court made
before the commencement in relation to, or based on, a
previous automatic cancellation provision.
(5) In this section—
previous automatic cancellation provision means—
(a) previous section 209; or
(b) the repealed Corrective Services Act 2000, section 151.
489 Application of s 245
For applying section 245 after the commencement, a
reference in the section to—
(a) an approval of a resettlement leave program; or
(b) an approved resettlement leave program;
is taken to be a reference to an approval of a resettlement
leave program, or to an approved resettlement leave program,
under this Act as in force before the commencement.
[s 490]
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Authorised by the Parliamentary Counsel
490 Declarations for ss 311 and 311A
(1) This section applies to anything done or any omission made
by the chief executive in relation to a prisoner’s money on or
after 20 June 2008 but before the commencement (the
previous dealing).
(2) It is declared that the previous dealing is as valid, and is taken
always to have been as valid, as it would be if it were done or
made under section 311 or 311A after the commencement.
Part 5 Transitional provision for
Criminal Law Amendment Act
2012
490A Application of amendment Act
(1) For section 181(2)(a) as inserted by the amendment Act, a
prisoner’s parole eligibility day continues to be the day after
the day on which the prisoner has served 20 years or the
longer time ordered under the Criminal Code, section 305(2)
if—
(a) the Criminal Code, section 305(2) as amended by the
amendment Act did not apply on sentence; but
(b) that section as it existed before the commencement
applied on sentence.
(2) Section 181(2)(c) as inserted by the amendment Act only
applies to a prisoner who is serving a term of imprisonment
for life for an offence of murder committed after the
commencement.
(3) In this section—
amendment Act means the Criminal Law Amendment Act
2012.
commencement means the commencement of the amendment
Act, section 7.
[s 490B]
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Part 6 Transitional provision for
Police Powers and
Responsibilities (Motor Vehicle
Impoundment) and Other
Legislation Amendment Act
2013
490B Application of amendment Act
(1) Section 13(1A) as inserted by the amendment Act applies to a
prisoner with a high security classification—
(a) who is being detained on remand for an offence; and
(b) is not serving a term of imprisonment for another
offence; and
(c) regardless of whether the prisoner was admitted for
detention before the commencement.
(2) In this section—
amendment Act means the Police Powers and Responsibilities
(Motor Vehicle Impoundment) and Other Legislation
Amendment Act 2013.
commencement means the commencement of this part.
Part 7 Transitional provision for
Criminal Law and Other
Legislation Amendment Act
2013
490C Application of amendment Act
Section 182A applies only to a prisoner who is serving a term
of imprisonment for a drug trafficking offence committed
after the commencement of that section.
[s 490D]
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Part 8 Transitional provision for Safe
Night Out Legislation
Amendment Act 2014
490D Application of s 182A
Section 182A applies to a prisoner who is serving a term of
imprisonment for a drug trafficking offence only if the act or
omission constituting the offence occurred wholly on or after
13 August 2013.
Part 9 Transitional provisions for
Serious and Organised Crime
Legislation Amendment Act
2016
490E Definition for part
In this part—
pre-amended Act means this Act as in force before the
commencement.
490F Prisoner classifications
(1) This section applies in relation to a prisoner who, immediately
before the commencement, was subject to a criminal
organisation segregation order under the pre-amended Act.
(2) On the commencement, the prisoner’s security classification
under the pre-amended Act, section 12(1B), is the prisoner’s
security classification under section 12(1).
(3) The chief executive must, as soon as practicable after the
commencement, review the prisoner’s security classification
under section 13.
[s 490G]
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490G Keeping records
(1) The chief executive must continue to keep the record of
relevant information about a prisoner.
(2) In this section—
record of relevant information, about a prisoner, means the
record under the pre-amended Act, section 65D, and copies of
any advices mentioned in the pre-amended Act,
section 65D(3), kept in relation to the prisoner immediately
before the commencement.
490H Criminal organisation segregation orders
(1) On the commencement, a criminal organisation segregation
order in effect under the pre-amended Act immediately before
the commencement is cancelled.
(2) A doctor or nurse must, as soon as practicable after the
commencement, examine the prisoner who was subject to the
order.
(3) The chief executive must record, for each corrective services
facility, the following details for each prisoner who was
subject to an order mentioned in subsection (1)—
(a) the date on which it was cancelled;
(b) the date on which the prisoner was examined under
subsection (2).
(4) The chief executive must record the information mentioned in
subsection (3) in the record kept under section 490G.
490I Requirement for test sample before commencement
On the commencement, any requirement made of a person
under the pre-amended Act, section 41(1)(c), ends.
[s 490J]
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Authorised by the Parliamentary Counsel
490J Directions to identified participant
(1) On the commencement, a direction given under the
pre-amended Act, section 267A(3)(a) or (c), and in place
immediately before the commencement ends.
(2) The chief executive must tell the offender subject to the
direction that the direction is no longer in place.
490K Monitoring devices
(1) If immediately before the commencement an offender was
subject to a direction under the pre-amended Act,
section 267A(3)(b), the direction continues in force according
to its terms.
(2) The chief executive must review the direction as soon as
practicable after the commencement.
(3) If the chief executive does not consider it reasonably
necessary for the offender to wear a device for monitoring the
offender’s location, the chief executive must—
(a) cancel the direction; and
(b) tell the offender that the direction given to the offender
is no longer in place.
Part 10 Transitional provision for Youth
Justice and Other Legislation
(Inclusion of 17-year-old
Persons) Amendment Act 2016
490L Continued application of repealed s 18(2)
(1) Repealed section 18(2) continues to apply to a person under
18 years who—
(a) is a prisoner in a corrective services facility on the
commencement; or
[s 490M]
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Authorised by the Parliamentary Counsel
(b) becomes a prisoner in a corrective services facility after
the commencement in relation to a proceeding for an
offence—
(i) decided before the commencement; or
(ii) started, but not finally dealt with, before the
commencement.
(2) In this section—
repealed section 18(2) means section 18(2) as in force
immediately before the commencement.
Part 11 Transitional provisions for
Corrective Services (Parole
Board) and Other Legislation
Amendment Act 2017
490M Definitions for part
In this part—
amended Act means this Act as in force after the
commencement.
amendment Act means the Corrective Services (Parole
Board) and Other Legislation Amendment Act 2017.
former, in relation to a provision, means the provision as in
force immediately before the provision was amended or
repealed under the amendment Act.
former board means—
(a) the Queensland Parole Board; or
(b) a regional board.
Queensland Parole Board means the Queensland Parole
Board established under former section 216.
regional board means a regional board established under
former section 230.
[s 490N]
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Current as at 16 September 2024 Page 425
Authorised by the Parliamentary Counsel
490N Dissolution of Queensland Parole Board and regional
boards
(1) On the commencement—
(a) the Queensland Parole Board is dissolved; and
(b) each regional board is dissolved; and
(c) the members of the boards mentioned in paragraphs (a)
and (b) go out of office.
(2) No compensation is payable to a member because of
subsection (1).
490O Secretary of former board
(1) On the commencement, a person who, immediately before the
commencement, held appointment as the secretary of a former
board goes out of office.
(2) No compensation is payable to a person because of
subsection (1).
490P Existing instruments and decisions made by a former
board
(1) This section applies to the following instruments made by a
former board and in force immediately before the
commencement—
(a) an order under former section 96A(1);
(b) a notice to a prisoner under section 96B;
(c) a warrant issued under former section 112(2), 206 or
210;
(d) a parole order, including an exceptional circumstances
parole order;
(e) a notice given to the chief executive under former
section 188(1);
(f) reasons for a refusal given to a prisoner under former
section 193(5)(a);
[s 490P]
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(g) an order under former section 205 to amend, suspend or
cancel a parole order;
(h) an information notice given to a prisoner under former
section 205(3) or 208(1);
(i) a notice given to a prisoner under former section 208(2);
(j) an order under former section 211(3);
(k) an order under former section 212(3) or 213(1) granting
leave to a prisoner.
(2) This section also applies to the following decisions made by a
former board and in force immediately before the
commencement—
(a) a decision to consent to a prisoner applying for a parole
order, mentioned in former section 180(2)(a)(ii);
(b) a decision under former section 190 to grant leave to a
prisoner or prisoner’s agent to appear before a former
board;
(c) a decision under former section 193(1) to grant or refuse
an application for a parole order;
(d) a decision under former section 193(5)(b) about a period
of time within which a further application for a parole
order must not be made;
(e) a decision under former section 198 to confirm or set
aside the decision of a regional board;
(f) a decision under former section 203(3) to cancel an
order given by the chief executive and to require the
chief executive to withdraw a warrant.
(3) From the commencement, the instrument or decision has
effect as if it had been made by the parole board.
(4) To remove any doubt, it is declared that the instrument or
decision is taken to have been made by the parole board on the
day it was made by the former board.
(5) A decision under former section 190 to grant leave to a
prisoner or prisoner’s agent to appear before a former board is
[s 490Q]
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Authorised by the Parliamentary Counsel
taken to be a decision to grant leave to the prisoner or
prisoner’s agent to appear before the parole board.
490Q Existing applications made to a former board
(1) This section applies to the following applications made to a
former board, but not decided, before the commencement—
(a) an application under former section 112(1)(b) for the
issue of a warrant;
(b) an application under former section 176 for an
exceptional circumstances parole order;
(c) an application under former section 180 for a parole
order;
(d) an application under former section 190 for leave to
appear before a former board.
(2) The application—
(a) is taken to have been made to the parole board; and
(b) must be dealt with and decided by the parole board
under the amended Act.
(3) However, former section 193(3) continues to apply to an
application for a parole order made under former section 176
or 180 as if the amendment Act had not commenced.
(4) In deciding an application for a parole order made under
former section 180, the parole board must consider any
submissions relating to the application made to a former board
under former section 188.
(5) An application made under former section 190 for leave to
appear before a former board is taken to be an application for
leave to appear before the parole board.
490R Review of a regional board’s decision
(1) Subsection (2) applies to an application made under former
section 196, but not decided, before the commencement.
[s 490S]
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(2) The parole board must—
(a) confirm the decision the subject of the application; or
(b) set aside the decision and make any decision the parole
board may make on an application for a parole order.
(3) Subsection (4) applies if—
(a) immediately before the commencement, a prisoner
could have applied to the Queensland Parole Board
under former section 196 for a review of a regional
board’s decision; and
(b) the prisoner has not made the application before the
commencement.
(4) The prisoner may apply to the parole board for a review of the
regional board’s decision.
(5) If the prisoner makes an application under subsection (4), the
parole board must comply with subsection (2).
490S Particular orders made by chief executive
(1) Subsection (2) applies to a written order made by the chief
executive under former section 201 that is in force
immediately before the commencement.
(2) The order continues in effect.
(3) Subsection (4) applies to a warrant issued by the chief
executive under former section 202 that is in force
immediately before the commencement.
(4) The warrant continues in effect.
(5) Former section 203(3) continues to apply in relation to an
order mentioned in subsection (1), and a warrant mentioned in
subsection (3)—
(a) as if the amendment Act had not commenced; and
(b) as if a reference in former section 203(3) to the parole
board were a reference to the Parole Board Queensland.
[s 490SA]
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490SA Steps before appointing particular board members
A reference in section 223(2)(c)(i) to the Minister consulting
with the president includes a reference to the Minister
consulting, before the commencement, with the person whose
appointment as the first president takes effect on or after the
commencement.
Part 12 Transitional provisions for
Corrective Services (No Body,
No Parole) Amendment Act
2017
490U Application of s 193A
Section 193A applies to a prisoner’s application for a parole
order whether the prisoner was convicted of, or sentenced for,
the offence before or after the commencement.
490V Existing applications for parole order or applications
under s 490R
(1) Section 193A applies to the following applications made to
the parole board, but not decided, before the
commencement—
(a) an application under section 176 for an exceptional
circumstances parole order;
(b) an application under section 180 for a parole order.
(2) If the parole board is required to ask the commissioner for a
report under section 193A in relation to an application
mentioned in subsection (1), the parole board may extend the
period under section 193(3) within which the application must
be decided by not more than 50 days.
(3) Section 193A also applies to the following applications—
(a) an application mentioned in section 490R(1) that has not
been decided before the commencement;
[s 490W]
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(b) an application under section 490R(4)—
(i) made to the parole board, but not decided, before
the commencement; or
(ii) made to the parole board on or after the
commencement.
Part 13 Transitional provisions for
Justice Legislation (Links to
Terrorist Activity) Amendment
Act 2019
490W Definition for part
In this part—
amending Act means the Justice Legislation (Links to
Terrorist Activity) Amendment Act 2019.
490X Existing applications for parole orders or applications
under s 490R
Sections 193B to 193E, 234 and 247A and schedule 4, as
amended or inserted by the amending Act, apply in relation to
the following applications—
(a) an application under section 176, 180 or 490R(4) made
to the parole board, but not decided, before the
commencement;
(b) an application mentioned in section 490R(1) that has not
been decided before the commencement.
490Y Application of particular provisions to parole orders
The following provisions, as amended or inserted by the
amending Act, apply in relation to a parole order whether
made before or after the commencement—
[s 490Z]
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(a) section 193D;
(b) section 193E;
(c) section 205;
(d) section 208A;
(e) section 208B;
(f) section 234;
(g) section 247A;
(h) schedule 4.
Part 14 Transitional provisions for
Corrective Services and Other
Legislation Amendment Act
2020
490Z Definition for part
In this part—
amending Act means the Corrective Services and Other
Legislation Amendment Act 2020.
490ZA Extending period for submissions from eligible person
(1) This section applies if—
(a) the chief executive gave each eligible person in relation
to a prisoner written notice under section 188(2) of the
prisoner’s application for a parole order; and
(b) the decision on the application had not been made under
section 193 before the commencement.
(2) Section 188, as amended by the amending Act, applies to the
application.
[s 490ZB]
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490ZB Deciding particular applications made before the
commencement where victim’s body or remains have not
been located
(1) This section applies if a prisoner made an application under
section 193A for a parole order but the decision on the
application had not been made before the commencement.
(2) Sections 193A and 234, as amended by the amending Act,
apply to the application.
490ZC Meetings about particular matters relating to parole
orders
(1) This section applies to a meeting of the parole board under
section 234 to consider an application for a parole order made
but not decided before the commencement.
(2) Section 234, as amended by the amending Act, applies to the
meeting.
Part 15 Transitional provisions for
Police Powers and
Responsibilities and Other
Legislation Amendment Act
2021
490ZC Definition for part
In this part—
amending Act means the Police Powers and Responsibilities
and Other Legislation Amendment Act 2021.
490ZD Application of ch 5, pts 1AA and 1AB
Chapter 5, parts 1AA and 1AB apply to a prisoner whether
the prisoner was convicted of, or sentenced for, an offence
before or after the commencement.
[s 490ZE]
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490ZE Existing applications for parole order
(1) This section applies to an application for a parole order under
section 176 or 180 made, but not decided, before the
commencement.
(2) From the commencement, the following sections and
schedule 4, as amended or inserted by the amending Act,
apply in relation to the application—
(a) chapter 5, parts 1AA and 1AB;
(b) sections 176A and 176B;
(c) section 180;
(d) sections 193 to 193AA;
(e) sections 229A to 229C;
(f) section 234;
(g) section 324A.
Part 16 Transitional provisions for
Corrective Services (Emerging
Technologies and Security) and
Other Legislation Amendment
Act 2023
490ZF Changes to prisoner security classification
(1) If, immediately before the commencement, a prisoner’s
security classification was maximum, from the
commencement the prisoner’s security classification is high.
(2) If, immediately before the commencement, a prisoner
mentioned in subsection (1) was subject to a maximum
security order, the maximum security order continues
unaffected by the change under subsection (1).
[s 490ZG]
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(3) Nothing in this section prevents the chief executive changing
or reviewing the prisoner’s security classification or
maximum security order under this Act.
490ZG Application of amended section 112
Section 112, as amended by the Corrective Services
(Emerging Technologies and Security) and Other Legislation
Amendment Act 2023—
(a) applies to a prisoner sentenced or detained before or
after the commencement; but
(b) does not apply to a prisoner who was unlawfully absent
before the commencement.
Part 17 Validation provisions for
Corrective Services (Promoting
Safety) and Other Legislation
Amendment Act 2024
490ZI Validation of certain decisions
(1) This section applies to a decision of an entity made under this
Act or a repealed Act before the commencement.
(2) The decision is, and is taken to have always been, as valid as it
would have been if, at the time the decision was made, new
section 340AA had applied to the decision.
(3) Anything done as a result of the decision is, and is taken to
have always been, as valid and lawful as it would have been if,
at the time the decision was made, new section 340AA had
applied to the decision.
(3A) For subsections (2) and (3), any non-compliance with new
section 340AA(1A) or (1B) is to be disregarded.
[s 490ZJ]
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(4) However, if a decision to which this section applies has,
before the commencement, been found by a court to be invalid
or has been set aside by court order—
(a) the finding or order stands; but
(b) if the decision is remade after the commencement, new
section 340AA applies to the decision as remade.
(5) In this section—
new section 340AA means section 340AA as in force from
the commencement.
490ZJ Validation of certain decisions of parole board
(1) This section applies to a conditional parole decision made by
the parole board on or after 26 May 2017 and before the
commencement.
(2) A decision made before the commencement by the parole
board, or 1 or more members of the parole board, that the
conditions referred to in a conditional parole decision have or
have not been fulfilled is taken to be a parole decision of the
parole board.
(3) A decision made after the commencement by the parole board
(properly constituted for a parole decision) that the conditions
referred to in a conditional parole decision have or have not
been fulfilled is also taken to be a parole decision of the parole
board.
(4) If a decision under subsection (2) or (3) is that the conditions
have been fulfilled, the parole decision is a decision to release
the prisoner on parole.
(5) If the decision under subsection (2) or (3) is that the
conditions have not been fulfilled, the parole decision is a
decision not to release the prisoner on parole.
(6) The parole decision is, and is taken to have always been, as
valid as it would have been if the decision had been made by
the parole board as a parole decision without a conditional
parole decision having been made.
[s 490ZJ]
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(7) To avoid any doubt, it is declared that, if subsection (6)
applies, anything done or purported to have been done by an
entity relying on the decision or the conditional parole
decision is, and is taken to have always been, as valid as it
would have been if the entity had relied on a valid decision of
the parole board.
(8) This section applies despite—
(a) any lack of power for the making of—
(i) the conditional parole decision; or
(ii) the decision mentioned in subsection (2) or (3);
and
(b) any defect in the constitution of the parole board, lack of
quorum, or other procedural defect, for the making of
the decision mentioned in subsection (2).
(9) In this section—
conditional parole decision means a decision, however
expressed, that is—
(a) a parole decision that will have effect if a condition is
fulfilled; or
(b) a decision to make a parole decision if a condition is
fulfilled.
parole decision means a decision to release or not to release a
prisoner on parole by—
(a) making or refusing to make a parole order; or
(b) changing or not changing a decision suspending a
prisoner’s parole order.
[s 490ZJA]
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Authorised by the Parliamentary Counsel
Part 18 Transitional and validation
provisions for Police Powers
and Responsibilities and Other
Legislation Amendment Act
2024
490ZJA Existing applications for parole orders
(1) This section applies to an application for a parole order made
under section 180, but not decided, before the
commencement.
(2) Section 193, as amended by the Police Powers and
Responsibilities and Other Legislation Amendment Act 2024,
applies in relation to the application.
490ZK Validation of particular development
(1) This section applies to development carried out before the
commencement if—
(a) the development was carried out by or on behalf of the
State on the following lots—
(i) lot 2 on SP257634;
(ii) lot 57 on SP277218;
(iii) lots 74 to 78 on Crown Plan E124236;
(iv) lot 145 on Crown Plan LN2427; and
(b) the development is for infrastructure mentioned in
section 267A(1); and
(c) when the development was carried out—
(i) the development was assessable development
under a planning Act; and
(ii) no development permit was in effect for the
development.
[s 490ZN]
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(2) The carrying out of the development without a development
permit is, and is taken to have always been, valid and lawful.
(3) In this section—
development see the Planning Act 2016, schedule 2.
development permit means a development permit under a
planning Act.
planning Act means—
(a) the Planning Act 2016; or
(b) the repealed Sustainable Planning Act 2009; or
(c) the repealed Integrated Planning Act 1997.
Part 19 Declaratory and validation
provisions for Mineral and
Energy Resources and Other
Legislation Amendment Act
2024
490ZN Start of parole orders
(1) This section applies to a decision of the parole board under
section 193, made before the commencement, that—
(a) granted an application for a parole order; and
(b) stated a day on which the order started.
(2) The decision is not to be taken to be invalid only because the
stated day on which the order started was later than the day
the decision was made.
490ZO Particular parole board appointments
(1) This section applies in relation to a person who, during the
relevant period, was appointed under former section 228 to act
in the office of a professional board member.
[s 490ZO]
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(2) It is declared that—
(a) despite former section 228 and the terms of the person’s
appointment, the person is taken to have been validly
appointed to act in the office at all times during the
relevant period; and
(b) each relevant exercise of power by the person is, and
always has been, as valid as it would be or would have
been had the person been validly appointed to act in the
office at all times during the relevant period; and
(c) anything done by an entity relying on a decision made,
or other thing done, during the relevant period by the
parole board is, and always has been, as valid as it
would be or would have been had the person been
validly appointed to act in the office when the decision
was made or other thing done.
Example of a thing done by an entity—
executing a warrant
(3) In this section—
done includes purportedly done.
exercise or performance includes purported exercise or
performance.
former section 228, in relation to an appointment, means
section 228 as in force at the time of the appointment.
made includes purportedly made.
relevant exercise of power means an exercise or performance,
during the relevant period, of a power or function conferred on
a board member by this Act (including the making of a
decision).
relevant period means the period from 3 July 2017 to 5 June
2024.
[s 491]
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Page 440 Current as at 16 September 2024
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Chapter 8 Repeal
491 Repeal
The Corrective Services Act 2000 No. 63 is repealed.
Schedule 1
Corrective Services Act 2006
Current as at 16 September 2024 Page 441
Authorised by the Parliamentary Counsel
Schedule 1 Sexual offences
schedule 4, definition sexual offence
Classification of Computer Games and Images Act 1995
section 23 (Demonstration of an objectionable computer game
before a minor)
section 26(3) (Possession of objectionable computer game)
section 27(3) (Making objectionable computer game)
section 27(4) (Making objectionable computer game)
section 28 (Obtaining minor for objectionable computer game)
Classification of Films Act 1991
section 41(3) (Possession of objectionable film)
section 42(3) (Making objectionable film)
section 42(4) (Making objectionable film)
section 43 (Procurement of minor for objectionable film)
Classification of Publications Act 1991
section 12 (Sale etc. of prohibited publication)
section 13 (Possession of prohibited publication)
section 14 (Possession of child abuse publication)
section 15 (Exhibition or display of prohibited publication)
section 16 (Leaving prohibited publication in or on public place)
section 17 (Producing prohibited publication)
section 18 (Procurement of minor for RC publication)
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section 20 (Leaving prohibited publication in or on private premises)
Crimes Act 1914 (Cwlth)
section 50BA (Sexual intercourse with child under 16)
section 50BB (Inducing child under 16 to engage in sexual
intercourse)
section 50BC (Sexual conduct involving child under 16)
section 50BD (Inducing child under 16 to be involved in sexual
conduct)
section 50DA (Benefiting from offence against this Part)
section 50DB (Encouraging offence against this Part)
Criminal Code
section 210 (Indecent treatment of children under 16)
section 211 (Bestiality)
section 213 (Owner etc. permitting abuse of children on premises)
section 215 (Engaging in penile intercourse with child under 16)
section 216 (Abuse of persons with an impairment of the mind)
section 217 (Procuring young person etc. for penile intercourse)
section 217A (Obtaining commercial sexual services from person
who is not an adult)
section 217B (Allowing person who is not an adult to take part in
commercial sexual services)
section 217C (Conduct relating to provision of commercial sexual
services by person who is not an adult)
section 218 (Procuring sexual acts by coercion etc.)
section 218A (Using internet etc. to procure children under 16)
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section 218B (Grooming child under 16 years or parent or carer of
child under 16 years)
section 219 (Taking child for immoral purposes)
section 221 (Conspiracy to defile)
section 222 (Incest)
section 228 (Obscene publications and exhibitions)
section 228A (Involving child in making child exploitation material)
section 228B (Making child exploitation material)
section 228C (Distributing child exploitation material)
section 228D (Possessing child exploitation material)
section 228DA (Administering child exploitation material website)
section 228DB (Encouraging use of child exploitation material
website)
section 228DC (Distributing information about avoiding detection)
section 229B (Repeated sexual conduct with a child)
section 349 (Rape)
section 350 (Attempt to commit rape)
section 351 (Assault with intent to commit rape)
section 352 (Sexual assaults)
Criminal Code provision repealed by Criminal Code
(Decriminalising Sex Work) and Other Legislation Amendment Act
2024
section 229L (Permitting young person etc. to be at place used for
prostitution)
Criminal Code provision repealed by Health and Other Legislation
Amendment Act 2016
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section 208 (Unlawful sodomy)
Criminal Code provisions repealed by Criminal Law Amendment
Act 1997
section 208 (Unlawful anal intercourse)
section 221 (Conspiracy to defile)
section 222 (Incest by man)
Criminal Code (Cwlth)
section 270.6 (Sexual servitude offences)
section 270.7 (Deceptive recruiting for sexual services)
Customs Act 1901 (Cwlth)
section 233BAB (Special offence relating to tier 2 goods)
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Schedule 2 Continuing provisions of
Corrective Services Act 2000
section 478
268A All release to be dealt with under this Act
(1) This section applies to a prisoner sentenced for an offence
committed before 1 July 2001, whether or not the prisoner
was sentenced for the offence before 1 July 2001.
(2) On and from 1 July 2001—
(a) chapters 2 and 5 are the only provisions under which the
prisoner may be released before the end of the period of
imprisonment to which the prisoner was sentenced; and
(b) the only requirements for the granting of the release are
the requirements that apply under this Act.
(3) If, before 1 July 2001, the prisoner had any expectation to be
able, after 1 July 2001, to be released before, or to be
considered for a release taking effect before, the end of the
period of imprisonment to which the prisoner was sentenced,
the expectation is extinguished to the extent that the release is
not provided for under subsection (2).
Examples of operation of subsections (2) and (3)—
1 Suppose before 1 July 2001 a prisoner had an expectation to be
released on home detention on 1 August 2001 under section 86 of
the repealed Corrective Services Act 1988. However, by applying
subsection (2), the prisoner could only expect to be released under
chapter 5 on 1 December 2001, having regard to the requirements
of section 135(2). Subsection (3) extinguishes the prisoner’s
expectation to be released on 1 August 2001 without affecting any
expectation the prisoner may have to be released on 1 December
2001 under chapter 5.
2 Suppose before 1 July 2001 a prisoner had an expectation to be
considered for release on home detention under section 86 of the
repealed Corrective Services Act 1988, the release to take effect on
1 August 2001. However, by applying subsection (2), the prisoner
could only expect to be considered for release under chapter 5,
with, having regard to the requirements of section 135(2), the
release to take effect on 1 December 2001. Subsection (3)
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extinguishes the prisoner’s expectation to be considered for release
to take effect on 1 August 2001 without affecting any expectation
the prisoner may have to be considered for release under chapter 5,
with the release to take effect on 1 December 2001.
(4) Subsections (2) and (3) apply in relation to an application
made by the prisoner and dealt with on or after 1 July 2001
even if the application was made before 1 July 2001.
(5) If a form of release for which the prisoner made an application
before 1 July 2001 corresponds to a form of release that, after
1 July 2001, is available under chapter 5, the application must
be dealt with, to the greatest practicable extent, as an
application for the form of release under chapter 5, but this
subsection does not authorise release before a date prescribed
by section 135.
(6) This section prevails to the extent it is inconsistent with
section 268 or 273.
(7) In this section—
expectation includes right, privilege, entitlement and
eligibility.
268B Further provisions about transitional release
circumstances
(1) Section 268A has no effect in relation to—
(a) a post-prison community based release order granted on
or after 1 July 2001 but before 30 October 2001 on the
basis of an application made before 1 July 2001 for a
form of release that corresponds to a form of release
available under chapter 5; or
(b) a decision made by a court before 30 October 2001
upholding, in action brought by a particular prisoner,
that prisoner’s expectation to be released, or to be
considered for release; or
(c) the terms of a release instrument made before 1 July
2001, or any decision relating to the making of the
release instrument, giving a prisoner an expectation to
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be further released after, or to be considered for a further
release taking effect after, 1 July 2001.
Example for subsection (1)(c)—
Suppose on 1 June 2001 a prisoner was released on leave of absence to
engage in employment (commonly known as ‘leave of absence (release
to work)’). The terms of the release instrument included a statement
that the prisoner would be considered for release on home detention
after the prisoner had successfully completed 3 months release to work.
Section 268A has no effect on the statement’s operation.
(2) For giving effect to terms mentioned in subsection (1)(c), a
prisoner may be released at any time the prisoner may have
been released under the terms if the repealed Corrective
Services Act 1988 had not been repealed.
(3) Subject to subsections (1) and (2) and without limiting
section 268A, any requirement that may have existed after the
repeal of the repealed Corrective Services Act 1988 and before
the commencement of this section that a person be dealt with
in a way inconsistent with section 135(2) is extinguished.
(4) Section 268A and subsection (3) prevail to the extent they are
inconsistent with the Acts Interpretation Act 1954, sections 20
and 20C(3), the Criminal Code, section 11(2), the Penalties
and Sentences Act 1992, section 180(1) or any other law of
similar effect.
(5) In this section—
expectation includes right, privilege, entitlement and
eligibility.
release instrument means an instrument under which a
prisoner was released.
268C Counting time if parole cancelled before 1 July 2001
(1) This section applies if, before 1 July 2001—
(a) a person was sentenced to imprisonment and
subsequently was released on parole as provided for
under a previous Act; and
(b) the person’s parole was cancelled as provided for under
a previous Act, whether by order or otherwise.
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(2) It is declared that no part of the time, including any time on or
after 1 July 2001, between the person’s release on parole and
the person recommencing to serve the unexpired portion of
the person’s period of imprisonment is to be regarded as time
served in respect of that period of imprisonment (other than
any period during which the person was kept in custody
consequent upon the person’s parole being suspended under a
previous Act).
(3) For subsection (2), the following are irrelevant—
(a) whether any relevant warrant is or was issued or
executed in relation to the person before, on or after 1
July 2001;
(b) whether any relevant warrant is or was executed in
Queensland or elsewhere;
(c) whether particular provisions of this Act were applied to
the person for a particular matter, including, for
example, giving an information notice under
section 150.
(4) Further, it is declared that subsection (2) is, and has always
been, the law about the matters it deals with, and that law was
unaffected by the enactment of sections 152(2), 268 and
268A.
(5) In this section—
previous Act means—
(a) the Corrective Services Act 1988; or
(b) the Offenders Probation and Parole Act 1980; or
(c) the Offenders Probation and Parole Act 1959.
274E Classified patient taken to be prisoner
A person is taken to have been a prisoner for chapter 5, part 1
if, during the period starting on 28 February 2002 and ending
on the commencement of this section, the person was—
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(a) a classified patient being detained in an authorised
mental health service under the Mental Health Act 2000;
and
(b) serving a period of imprisonment.
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Schedule 4 Dictionary
section 4
2000 Act see section 356.
access approval, for a visitor, see section 155(1).
accredited visitor means—
(a) the Minister; or
(b) a member of the Legislative Assembly; or
(c) a judicial officer; or
(d) a board member; or
(e) the ombudsman; or
(f) an inspector, including the chief inspector; or
(g) the inspector of detention services; or
(h) an official visitor; or
(i) a community visitor (child) under the Public Guardian
Act 2014; or
(j) a child advocacy officer under the Public Guardian Act
2014; or
(k) any of the following persons—
(i) a member of the UN subcommittee;
(ii) a UN expert accompanying the UN subcommittee;
(iii) an interpreter or other person assisting the UN
subcommittee accompanying the subcommittee.
additional information, for chapter 5, see section 175R(5).
agency arrangement, for chapter 6, part 13A, see
section 344B.
alcohol test, for chapter 6, part 9A, see section 306A.
amending Act, for chapter 7A, part 4, see section 480.
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Anti-Discrimination Act means the Anti-Discrimination Act
1991.
applied discipline procedure see section 406(2).
appointed board member see section 221(2).
appropriately qualified, for a person appointed to a position
or to whom functions or powers are delegated, includes
having the qualifications, experience or standing
appropriate—
(a) to perform the functions or exercise the powers of the
position; or
(b) to perform the delegated functions or exercise the
delegated powers.
Example of standing—
a person’s classification level in the public service
approved, other than for an approved resettlement leave
program, means approved by the chief executive.
approved form means a form approved under section 354.
approved resettlement leave program means a resettlement
leave program approved under section 76(1) or 77(1) as in
force before the commencement of the Corrective Services
and Other Legislation Amendment Act 2009, section 11.
attendance notice see section 219(1).
authorised functions, for an engaged service provider, see
section 272(1).
authorised mental health service means an authorised mental
health service under the Mental Health Act 2016.
award of compensation, for chapter 6, part 12B, see
section 319J.
award of damages, for chapter 6, part 12B, see section 319J.
biometric identification system means an electronic system
used to collect and store data about an individual’s biometric
information in a way that enables the data to be used to
identify the individual.
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biometric information, for an individual, means the following
information—
(a) a photograph of the individual;
(b) information taken from the individual’s hands, feet, eyes
or voice by way of a scan or print, including, for
example, fingerprints, vein patterns, footprints or
toeprints.
board member see section 221(1).
body search, of a prisoner, means a search of the prisoner’s
body, including an examination of an orifice or cavity of the
prisoner’s body.
breach of discipline means an act or omission prescribed
under section 113(1) as a breach of discipline.
charge, for chapter 6, part 13, division 2, see section 327.
chief inspector means the person who holds appointment as
chief inspector under section 296.
Chief Judge see the Judicial Remuneration Act 2007,
schedule 2.
Chief Justice see the Judicial Remuneration Act 2007,
schedule 2.
child in care means a child—
(a) who is in the custody or guardianship of the child
protection chief executive; or
(b) who, under an agreement entered into by the child
protection chief executive and a parent of the child, has
been placed in the care of someone other than a parent
of the child.
child protection chief executive means the chief executive of
the department in which the Child Protection Act 1999 is
administered.
child support registrar, for chapter 6, part 12B, see
section 319J.
collection entity, for chapter 6, part 12B, see section 319J.
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commencement—
(a) for chapter 7, see section 356; or
(b) for chapter 7A, see section 480.
commissioner means the commissioner of the police service.
commissioner’s report, for chapter 5, see section 175B.
Commonwealth control order means a control order as
defined in the Criminal Code (Cwlth), section 100.1(1).
community based order means—
(a) a community service order; or
(b) a fine option order; or
(c) an intensive correction order; or
(d) a probation order.
community board member see section 221(1)(f).
community corrections centre means a place declared to be a
community corrections centre under section 151(1)(a)(i).
community corrections office means an office where an
offender subject to a parole order or community based order
may be required to report to a corrective services officer.
community corrective services means services—
(a) for offenders who are not prisoners; or
(b) provided at a community corrections office.
community service means an activity declared to be
community service under section 270(1).
community service leave see section 72(1)(a).
community service order means a community service order
under the Penalties and Sentences Act 1992.
community service supervisor see section 270(2).
compassionate leave see section 72(1)(b).
confidential information see section 341(5).
constable, for chapter 2, part 1A, see section 18A.
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contact visit means a personal visit during which there is
direct contact between the prisoner and personal visitor.
contemporaneous communication link means a link using
technology that allows persons using the link to hear and take
part in discussions as they happen.
Example of technology—
videoconferencing
conviction, for a prescribed provision, means a finding of
guilt, or the acceptance of a plea of guilty, by a court, whether
or not a conviction is recorded.
cooperation, for chapter 5, see section 175B.
corrections board, for sections 432(1) and 442(1)(a), means a
corrections board within the meaning of the 2000 Act.
corrective services means—
(a) community corrective services; or
(b) custodial corrective services.
corrective services dog means a dog certified under
section 279 as a corrective services dog.
corrective services facility—
(a) generally, means—
(i) a prison; or
(ii) a community corrections centre; or
(iii) a work camp; and
(b) for chapter 6, part 2, division 3—see section 271A.
corrective services officer means a person who holds
appointment as a corrective services officer under section 275.
corrective services officer recruit, for chapter 6, part 9A, see
section 306A.
corrective services person, for chapter 6, part 9A, see
section 306B.
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corresponding interstate leave permit means a permit, issued
under a corresponding law, that corresponds to an interstate
leave permit.
corresponding law means a law declared under section 96 to
be a corresponding law for chapter 2, part 2, division 9.
corrupt conduct see the Crime and Corruption Act 2001,
section 15.
court includes—
(a) a court exercising appellate jurisdiction; and
(b) any justice or justices of the peace examining witnesses
in relation to an indictable offence.
court order includes the order of a tribunal.
court ordered parole order means an order issued by the chief
executive under section 199 in accordance with a court order
under the Penalties and Sentences Act 1992, section 160B(3)
fixing the date for the prisoner to be released on parole.
criminal history, of a person, means all of the following—
(a) every conviction of the person for an offence, in
Queensland or elsewhere, and whether before or after
the commencement of this section;
(b) every charge made against the person for an offence, in
Queensland or elsewhere, and whether before or after
the commencement of this section;
(c) the court briefs for the offences.
current declaration see section 175G(2).
custodial corrective services means services for prisoners in a
corrective services facility.
dangerous drug means a dangerous drug under the Drugs
Misuse Act 1986.
deciding officer means—
(a) for a minor breach of discipline—a corrective services
officer, whether or not the officer is the same officer
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who decided under section 113 to start proceedings for
the breach; or
(b) for a major breach of discipline—a corrective services
officer who holds a more senior position than the
corrective services officer who decided under
section 113 to start proceedings for the breach.
deputy president means a deputy president of the parole
board.
detained means detained in custody.
detained dangerous prisoner (sexual offender) means a
prisoner subject to a continuing detention order or interim
detention order under the Dangerous Prisoners (Sexual
Offenders) Act 2003.
disbursements, for chapter 6, part 12B, see section 319J.
discharge, for either of the following persons, means release
the person from lawful custody, other than on parole—
(a) a prisoner;
(b) a person mentioned in section 110(1)(a)(ii).
discharge day, for either of the following persons, means the
day on which the person is eligible to be discharged—
(a) a prisoner;
(b) a person mentioned in section 110(1)(a)(ii).
domestic violence see the Domestic and Family Violence
Protection Act 2012, section 8.
domestic violence order or notice means an order or notice
that would be included in a person’s domestic violence history
under the Domestic and Family Violence Protection Act 2012.
drug control direction, for chapter 6, part 13A, see
section 344B.
drug control officer, for chapter 6, part 13A, see
section 344B.
drug trafficking offence means—
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(a) an offence against the Drugs Misuse Act 1986,
section 5; or
(b) an offence of counselling or procuring the commission
of, or attempting or conspiring to commit, an offence
mentioned in paragraph (a).
drug vault, for chapter 6, part 13A, see section 344B.
early discharge means discharge under section 108(3) or 110.
educational leave see section 72(1)(c).
eligible entity claim, for chapter 6, part 12B, see
section 319ZC(3).
eligible person, in relation to a prisoner, means a person
included on the eligible persons register as an eligible person
in relation to the prisoner.
eligible persons register means the register kept under
section 320(1).
eligible victim claim, for chapter 6, part 12B, see
section 319X(3).
engaged by the department means each of the following
persons—
(a) a public service employee in the department;
(b) an honorary officer;
(c) an agent;
(d) a person working in the department as a volunteer or as
a student on work experience.
engaged service provider see section 272(1).
entity claim, for chapter 6, part 12B, see section 319Z.
escape includes being unlawfully at large.
exceptional circumstances parole order means a parole order
mentioned in section 194(2).
existing regional board means a regional community
corrections board in existence under the 2000 Act
immediately before the commencement of section 438.
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expectation includes right, privilege, entitlement and
eligibility.
finally decided, for chapter 6, part 12B, see section 319J.
financial assistance agreement see section 252(1).
fine option order means a fine option order under the
Penalties and Sentences Act 1992.
former senior board member means a person who has held
office as the president or a deputy president.
general clothes means clothes that are not an inner garment or
outer garment.
general search, of a person, means a search to reveal the
contents of the person’s outer garments or general clothes or
of a thing in the person’s possession.
grantee means the grantee of a grant of financial assistance
under chapter 6, part 1.
grievous bodily harm see the Criminal Code, section 1.
health leave see section 72(1)(d).
health practitioner means a registered health practitioner
under the Health Practitioner Regulation National Law
(Queensland), section 5.
homicide offence means any of the following offences—
(a) an offence against any of the following provisions of the
Criminal Code—
(i) section 236(2);
(ii) sections 302 and 305;
(iii) sections 303 and 310;
(iv) section 307;
(v) section 309;
(vi) section 314A;
(b) an offence of becoming an accessory after the fact to an
offence mentioned in paragraph (a)(i), (iii), (v) or (vi);
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(c) an offence of counselling or procuring the commission
of, or conspiring to commit, an offence mentioned in
paragraph (a) or (b);
(d) an offence against a law of another jurisdiction that
substantially corresponds to an offence mentioned in
paragraph (a), (b) or (c).
homicide offender means a person who has been found guilty
of a homicide offence.
imaging search, of a person, means a search of the person
using electronic imaging produced by a method of scanning
the person, including, for example, using ionising or
non-ionising radiation.
immediate family member, of a person, means—
(a) the person’s spouse, child, stepchild, parent, step-parent,
brother, sister, stepbrother, stepsister or grandparent; or
(b) the person’s legal guardian; or
(c) if the person is an Aboriginal or Torres Strait Islander
person—a person who, under Aboriginal tradition or
Island custom is regarded as an immediate family
member of the person.
impaired capacity see the Guardianship and Administration
Act 2000, schedule 4.
in, a corrective services facility, includes at or on the facility.
incident means—
(a) the death (other than by natural causes), or the serious
injury, of someone who is—
(i) in a corrective services facility; or
(ii) subject to a community based order or parole order
and under the direct personal supervision of a
corrective services officer; or
Example—
A prisoner is one of a group of prisoners repairing a hall
as part of community service performed under the direct
personal supervision of a corrective services officer. If the
prisoner cuts off a finger with a power saw, the injury is an
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incident even though the officer was helping another
prisoner at the time of the incident.
However, if a prisoner cuts off a finger with a power saw
while doing home renovations while on parole, and a
corrective services officer is not at the home at the time,
the injury is not an incident.
(b) an escape or attempted escape from secure custody; or
(c) a riot or mutiny involving prisoners while in custody; or
(d) another event involving prisoners that the chief
executive considers requires being investigated by
inspectors.
information notice, about a decision of the chief executive,
means a written notice that includes the following—
(a) the decision;
(b) the chief executive’s reasons for the decision;
(c) the date the decision has effect.
inner garment means a garment worn underneath general
clothes, including, for example, underwear.
inspector means a person who holds an appointment as an
inspector under section 294.
inspector of detention services means the inspector of
detention services under the Inspector of Detention Services
Act 2022.
intensive correction order means an intensive correction
order under the Penalties and Sentences Act 1992.
interstate escort see section 94(1).
interstate leave permit see section 89(1).
interstate prisoner means a person who, under a
corresponding law, is a prisoner.
judge, for chapter 5, part 2, division 6, means a Supreme
Court judge or District Court judge.
Judges Pensions Act means the Judges (Pensions and Long
Leave) Act 1957.
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law enforcement agency means—
(a) the Crime and Corruption Commission, a commission
of inquiry under the Commissions of Inquiry Act 1950,
or the police service; or
(b) the Australian Federal Police; or
(c) the Australian Crime Commission established under the
Australian Crime Commission Act 2002 (Cwlth),
section 7; or
(d) a police service of another State or of a foreign country;
or
(e) an entity established under the law of the
Commonwealth or a State to investigate corruption or
crime; or
(f) the Australian Security Intelligence Organisation under
the Australian Security Intelligence Organisation Act
1979 (Cwlth); or
(g) a Commonwealth department in which any of the
following laws is administered—
(i) the Australian Border Force Act 2015 (Cwlth);
(ii) the Customs Act 1901 (Cwlth), other than parts
XVB and XVC;
(iii) the Migration Act 1958 (Cwlth); or
(h) another entity declared by regulation to be a law
enforcement agency.
leave of absence, other than for section 227, means any of the
following—
(a) community service leave;
(b) compassionate leave;
(c) educational leave;
(d) health leave;
(e) reintegration leave granted under section 72(1)(e) as in
force before the commencement of the Corrective
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Services and Other Legislation Amendment Act 2009,
section 10(1);
(f) resettlement leave granted under section 72(1)(f) as in
force before the commencement of the Corrective
Services and Other Legislation Amendment Act 2009,
section 10(1);
(g) leave mentioned in section 72(1)(e).
legal visitor, of a prisoner, means a visitor of the prisoner who
is—
(a) the prisoner’s lawyer; or
(b) a person authorised in writing by the prisoner’s lawyer
to act for the lawyer.
lethal force means force that is likely to cause death or
grievous bodily harm.
low alcohol limit, for chapter 6, part 9A, see section 306C(b).
mail includes documents received at or sent from a corrective
services facility, including, for example, by fax or another
apparatus.
major breach of discipline means a breach of discipline
decided under section 113 to be proceeded with as a major
breach of discipline.
maximum security order see section 60(1).
maximum security unit means a facility for the
accommodation of prisoners at a prison that is designed and
constructed so that—
(a) prisoners accommodated in the facility are totally
separated from all other prisoners at the prison; and
(b) some or all of the prisoners accommodated in the
facility can be totally separated from all other prisoners
accommodated in the facility.
medical examination or treatment includes psychiatric
examination or treatment.
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minor breach of discipline means a breach of discipline
decided under section 113 to be proceeded with as a minor
breach of discipline.
misconduct, for a staff member, means conduct that would
constitute a disciplinary ground under the Public Sector Act
2022, section 91 if the staff member were a public service
employee under that Act.
no alcohol limit, for chapter 6, part 9A, see section 306C(a).
no body-no parole prisoner, for chapter 5, see section 175C.
no cooperation declaration, for chapter 5, see section 175L.
non-contact visit means a personal visit during which there is
no direct physical contact between the prisoner and the
personal visitor.
Norfolk Island court, for chapter 2, part 1A, see section 18A.
Norfolk Island magistrate, for chapter 2, part 1A, see
section 18A.
Norfolk Island prisoner, for chapter 2, part 1A, see
section 18B.
Norfolk Island warrant, for chapter 2, part 1A, see
section 18A.
nurse means a person registered under the Health Practitioner
Regulation National Law—
(a) to practise in the nursing profession, other than as a
student; and
(b) in the registered nurses division of that profession.
offence means an offence against an Act.
offender means—
(a) a prisoner; or
(b) a person who is subject to a community based order.
official visitor means a person who holds an appointment as
an official visitor under section 285.
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Optional Protocol means the Optional Protocol to the
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, adopted by the General
Assembly of the United Nations on 18 December 2002, as
amended and in force for Australia from time to time.
order, in relation to a Norfolk Island court or Norfolk Island
magistrate, for chapter 2, part 1A, see section 18A.
ordinary mail means mail other than privileged mail.
outer garment means an overcoat, jacket, jumper, hat or other
item that can be removed without exposing an inner garment.
owner, of a seized thing, includes a person who had lawful
possession of the thing immediately before its seizure.
parent, of a child, see the Child Protection Act 1999,
section 11.
parole board see section 216.
parole eligibility date, for a prisoner, means the parole
eligibility date applying to the prisoner under chapter 5,
part 1, division 1, subdivision 2.
parole order—
(a) means a parole order mentioned in section 194 or a
court ordered parole order; and
(b) for chapter 5, part 1, division 1, subdivision 2—see
section 178; and
(c) for chapter 5, part 1, division 2—see section 186.
Note—
Under the Youth Justice Act 1992, sections 276E and 276F the
provisions of this Act that apply to a parole order also apply to a
statutory parole order under those sections of that Act.
parole period means the period during which a prisoner is
released on parole.
participating State means a State in which a corresponding
law is in force.
period of imprisonment see the Penalties and Sentences Act
1992, section 4.
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permanent board member see section 221(3).
person, for chapter 3, part 3, see section 125.
personal search, of a prisoner, means a search in which light
pressure is momentarily applied to the prisoner over the
prisoner’s general clothes without direct contact being made
with—
(a) the prisoner’s genital or anal areas; or
(b) for a female prisoner—the prisoner’s breasts.
personal visit means a visit of a prisoner by a personal visitor
of the prisoner.
personal visitor, of a prisoner, means a visitor of the prisoner
who is—
(a) a relative of the prisoner; or
(b) a person who the chief executive is satisfied has a
personal relationship with the prisoner.
police representative see section 221(1)(d).
positive test sample means a test sample that shows a prisoner
has used a substance that is a prohibited thing.
potential claimant, for chapter 6, part 12B, see section 319J.
prescribed board member means—
(a) the president; or
(b) a deputy president; or
(c) a professional board member.
prescribed provision means—
(a) section 193B; or
(b) section 193D; or
(c) section 234(3), definition prescribed prisoner; or
(d) definition criminal history.
prescribed requirement means a requirement prescribed
under section 256(1).
prescribed salary means—
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(a) in relation to the president or a former senior board
member who held office as the president—the total of
the following payable to a Supreme Court judge, other
than the Chief Justice or President of the Court of
Appeal, under the Judicial Remuneration Act 2007—
(i) the annual rate of salary;
(ii) the annual rate of the jurisprudential allowance and
expense-of-office allowance; or
(b) in relation to a deputy president or a former senior board
member who held office as a deputy president—the total
of the following payable to a District Court judge, other
than the Chief Judge or a retired acting District Court
judge, under the Judicial Remuneration Act 2007—
(i) the annual rate of salary;
(ii) the annual rate of the jurisprudential allowance and
expense-of-office allowance.
president means the president of the parole board.
President of the Court of Appeal see the Judicial
Remuneration Act 2007, schedule 2.
previous, if followed by a provision number—
(a) for chapter 7, see section 356; or
(b) for chapter 7A, part 4, see section 480.
primary care giver, for a child, means a person—
(a) with whom the child is required to live under a court
order, whether or not the person is the child’s parent; or
(b) who is the sole provider of ongoing daily care for the
child.
primary school includes a full-time preparatory year of
education.
prison means a place declared to be a prison under
section 149(1).
prisoner—
1 Prisoner—
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(a) means a person who is in the chief executive’s
custody, including a person who is released on
parole; and
(b) for chapter 5, part 1, includes a classified patient
under the Mental Health Act 2016 who is serving a
period of imprisonment.
2 However, prisoner does not include a person who is
released on parole, or a supervised dangerous prisoner
(sexual offender), for the following provisions—
• sections 12 to 24, 28 to 40 and 43
• chapter 2, part 2, divisions 4 to 9A
• chapter 3, parts 1 and 2
• chapter 4, parts 2 and 4
• chapter 6, parts 5, 6 and 11.
3 Also, prisoner does not include a detained dangerous
prisoner (sexual offender) for the following
provisions—
• chapter 2, part 2, division 10 or 11
• chapter 5.
prisoner facilities means the common areas provided in a
corrective services facility for access by prisoners.
prisoner of a court or prisoner of the court means a person
who is in the custody of a court.
prisoner’s account means a prisoner’s account in the
prisoners trust fund.
prisoner’s agent does not include a lawyer.
prisoner’s mail means mail sent to, or by, a prisoner.
prisoner’s property see section 317(1).
prisoners trust fund means the trust fund kept under
section 311.
privileged mail means mail sent to, or by, a person who is
prescribed under a regulation.
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privileges, for a prisoner, means privileges prescribed under a
regulation for a prisoner.
probation order means a probation order under the Penalties
and Sentences Act 1992.
professional board member see section 221(1)(c).
prohibited thing means something prescribed to be a
prohibited thing under section 123(1).
proper officer, of a court, means—
(a) for the Supreme Court sitting at Brisbane or the Court of
Appeal—the sheriff; or
(b) for the Supreme Court sitting somewhere else—the
person performing the duties of sheriff at the place
where the court is sitting; or
(c) for the District Court—the registrar of the court; or
(d) for a court constituted by a magistrate or justice of the
peace—the clerk of the court at the place where the
court is sitting.
protected defendant see section 319A.
psychologist means a person registered under the Health
Practitioner Regulation National Law to practise in the
psychology profession, other than as a student.
public sector entity means an agency, authority, commission,
corporation, department, instrumentality, office, or other
entity, established under an Act for a public or State purpose,
including a government owned corporation.
public service representative see section 221(1)(e).
public trustee see the Public Trustee Act 1978, section 6.
random alcohol test, for chapter 6, part 9A, see section 306A.
random substance test, for chapter 6, part 9A, see
section 306A.
reasonably believes means believes on grounds that are
reasonable in the circumstances.
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reasonably considers means considers on grounds that are
reasonable in the circumstances.
reasonably suspects means suspects on grounds that are
reasonable in the circumstances.
reconsideration application, for chapter 5, see
section 175R(2).
register, for chapter 6, part 13, means the register mentioned
in section 320.
register of dangerous drugs for training, for chapter 6,
part 13A, see section 344B.
relative, of a prisoner, includes a person who was,
immediately before the prisoner was imprisoned, the
prisoner’s spouse.
released means released on parole.
release day, for a prisoner, means the day on which the
prisoner is to be released on parole.
released on parole means released from a corrective services
facility subject to the conditions of a parole order.
relevant award, for chapter 6, part 12B, see section 319J.
relevant money, for chapter 6, part 12B, see section 319J.
relevant person, for chapter 6, part 12A, see section 319A.
relevant person, for chapter 6, part 13, division 2, see
section 327.
religious visitor means a person who visits a prison to provide
religious services or instruction for prisoners.
repealed Acts means—
(a) the Corrective Services Act 2000; and
(b) the Corrective Services Act 1988; and
(c) the Corrective Services (Administration) Act 1988.
restricted prisoner, for chapter 5, see section 175D.
restricted prisoner declaration, for chapter 5, see
section 175E.
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restricted prisoner report, for chapter 5, see section 175B.
retired acting District Court judge see the Judicial
Remuneration Act 2007, schedule 2.
risk sub-category, of a prisoner, means the risk sub-category,
if any, decided for the prisoner as part of the prisoner’s
security classification.
safety order see section 53(1).
sample, for chapter 6, part 9A, see section 306A.
scanning search, of a person, means a search of the person by
electronic or other means that does not require the person to
remove the person’s clothing but may require another person,
a specially trained animal or an apparatus to touch or come
into contact with the person.
Examples—
• using an electronic apparatus through which a person is required to
pass
• using a corrective services dog that is trained to detect the scent of
a prohibited thing to search a person
search, a prisoner’s mail, means search by—
(a) an electronic scanning device; or
(b) a physical search.
search requiring the removal of clothing, of a prisoner,
means a search in which the prisoner removes all garments
during the course of the search, but in which direct contact is
not made with the prisoner.
secretariat see section 236(1).
secure custody, in relation to a prisoner, means—
(a) a secure facility; or
(b) a vehicle being used to transport the prisoner; or
(c) a court before which the prisoner is appearing.
secure facility—
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(a) generally, means a prison with a perimeter fence, or
other security measures, that are designed to prevent the
escape of a prisoner; and
(b) for chapter 6, part 13A, see section 344B.
security classification, for a prisoner, means the classification
decided for the prisoner under section 12, 13, 14 or 16.
sentence, of a person, for chapter 6, part 13, division 2, means
any penalty or imprisonment ordered to be paid or served, or
any other order made, by a court after the person is convicted
of an offence.
sentencing court, for a prisoner, means—
(a) the court that sentenced the prisoner to the term of
imprisonment the prisoner is serving; or
(b) if the prisoner is serving more than 1 term of
imprisonment—each court that sentenced the prisoner
to a term of imprisonment the prisoner is serving.
separate confinement, in relation to a prisoner, means the
separation of the prisoner from other prisoners.
serious offence, for sections 334 and 339, means—
(a) an offence against the Drugs Misuse Act 1986; or
(b) an offence against the Criminal Code (Cwlth),
chapter 9, part 9.1; or
(c) an offence of counselling or procuring the commission
of, or attempting or conspiring to commit, an offence
mentioned in paragraphs (a) and (b).
serious violent offence means a serious violent offence under
the Penalties and Sentences Act 1992.
serious violent offender means a prisoner who is serving a
term of imprisonment for a serious violent offence.
sexual offence means—
(a) an offence mentioned in schedule 1; or
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Authorised by the Parliamentary Counsel
(b) an offence against a law applying, or that applied, in
another jurisdiction if the offence substantially
corresponds to an offence mentioned in schedule 1.
special need, of an offender, means a need the offender has,
compared to the general offender population, because of the
offender’s—
(a) age; or
(b) disability; or
(c) sex; or
(d) cultural background.
Example of a need—
the culturally specific needs of Aboriginal and Torres Strait Islander
prisoners
SPER, for chapter 6, part 12B, see section 319J.
SPER registrar, for chapter 6, part 12B, see section 319J.
staff member means —
(a) an employee of—
(i) the department; or
(ii) an engaged service provider; or
(b) a corrective services officer.
substance test, for chapter 6, part 9A, see section 306A.
supervised dangerous prisoner (sexual offender) means a
prisoner subject to a supervision order or interim supervision
order under the Dangerous Prisoners (Sexual Offenders) Act
2003.
suspend, for chapter 2, part 2, division 10, subdivision 3 and
chapter 5, part 1, division 5, subdivisions 2 and 2A, means
suspend for a fixed or indeterminate period.
targeted substance, for chapter 6, part 9A, see section 306A.
temporary safety order see section 58(1).
term of imprisonment see the Penalties and Sentences Act
1992, section 4.
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terrorism offence means—
(a) a terrorism offence under the Crimes Act 1914 (Cwlth);
or
(b) an offence against the repealed Crimes (Foreign
Incursions and Recruitment) Act 1978 (Cwlth),
sections 6 to 9; or
(c) an offence against the Terrorism (Community
Protection) Act 2003 (Vic), section 4B; or
(d) an offence against the Crimes Act 1900 (NSW),
section 310J; or
(e) an offence against the Criminal Law Consolidation Act
1935 (SA), section 83CA; or
(f) another offence against a provision of a law of the
Commonwealth or another State if the provision—
(i) is prescribed by regulation; and
(ii) is in relation to an activity that involves a terrorist
act, or is preparatory to the carrying out of an
activity that involves a terrorist act.
terrorist act see the Police Powers and Responsibilities Act
2000, section 211.
terrorist organisation see the Criminal Code (Cwlth),
section 102.1(1).
test sample means a sample of blood, breath, hair, saliva or
urine.
training program, for chapter 6, part 9A, see section 306A.
tribunal, for chapter 6, part 12A, see section 319A.
UN expert means an expert selected in accordance with the
Optional Protocol, article 13.
unlawfully at large, in relation to a prisoner, means the
prisoner remains in the community after—
(a) any of the following has been suspended or cancelled or
has expired or is otherwise no longer in force—
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(i) an order granted under section 72 for leave of
absence;
(ii) an interstate leave permit;
(iii) a work order; or
(b) the prisoner’s parole order has been suspended or
cancelled; or
(c) the prisoner fails to report to a community corrections
office and obtain a copy of the prisoner’s court ordered
parole order as required under the Penalties and
Sentences Act 1992, section 160G(3).
UN subcommittee means the Subcommittee on Prevention of
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment of the Committee against Torture, established in
accordance with the Optional Protocol, part II.
victim claim, for chapter 6, part 12B, see section 319S(1).
victim’s location, for chapter 5, see section 175B.
Victims of Crime Assistance Act means the Victims of Crime
Assistance Act 2009.
victim trust fund, for chapter 6, part 12B, see section 319J.
visitor means—
(a) any person, including a staff member, who enters or
intends to enter a corrective services facility; or
Example—
a legal visitor or religious visitor
(b) a casual site visitor as defined in section 165(2).
volunteer see section 306(1).
warrant includes—
(a) a warrant issued by the chief executive; and
(b) an order committing a person into custody.
Examples for paragraph (b)—
• an order or direction under the Migration Act 1958 (Cwlth)
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• a preventative detention order under the Terrorism
(Preventative Detention) Act 2005
work camp means a place declared to be a work camp under
section 151(1)(a)(ii).
work order see section 66(1).
