Corrective Services Act 2006

An Act to provide for corrective services, and for other purposes

1Short title

This Act may be cited as the Corrective Services Act 2006.

2Commencement

(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.

3Purpose

(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—

(i)an offender’s age, sex or cultural background; and

(ii)any disability an offender has.

4Definitions

The dictionary in schedule 4 defines particular words used in this Act.

5References 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.

5ARelationship 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 5A ins 2019 No. 5 s 126

6Where 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 6 amd 2009 No. 34 s 45 (1) sch pt 1 amdt 11; 2016 No. 5 s 923 sch 4

7When 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 7 amd 2009 No. 30 s 4

8When 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.

9Authority 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.

10Record 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.

s 10 amd 2016 No. 42 s 3

11Prisoner 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

(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.

12Prisoner 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;

(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.

s 12 amd 2013 No. 15 s 82; 2013 No. 64 s 11; 2016 No. 62 s 12; 2023 No. 14 s 4; 2024 No. 25 s 3 sch 1

13Reviewing 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.

(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;

(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).

s 13 amd 2013 No. 15 s 83; 2013 No. 64 s 12; 2016 No. 62 s 13; 2023 No. 14 s 5

14Changing prisoner’s security classification

The chief executive may change a prisoner’s security classification after reviewing it under section 13.

15Notice 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.

s 15 amd 2009 No. 30 s 5

16Reconsidering decision to change prisoner’s security classification

(1)This section applies if—

(a)the chief executive increases a prisoner’s security classification; and

(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.

17Application 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.

18Accommodation

Whenever practicable, each prisoner in a corrective services facility must be provided with a room that is not shared with any other prisoner.

s 18 amd 2016 No. 58 s 8; 2024 No. 25 s 3 sch 1

ch 2 pt 1A hdg ins 2024 No. 25 s 4

18ADefinitions for part

In this part—

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.

s 18A ins 2024 No. 25 s 4

18BMeaning 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.

s 18B ins 2024 No. 25 s 4

18CCustody 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—

(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 18C ins 2024 No. 25 s 4

18DApplication 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 18D ins 2024 No. 25 s 4

18EProvision 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.

s 18E ins 2024 No. 25 s 4

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 18F ins 2024 No. 25 s 4

18GReturn 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.

s 18G ins 2024 No. 25 s 4

18HEarly 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.

s 18H ins 2024 No. 25 s 4

18IParticular 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)—

(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).

s 18I ins 2024 No. 25 s 4

18JEvidentiary 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).

s 18J ins 2024 No. 25 s 4

19Effect 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.

s 19 amd 2023 No. 14 s 6

20Directions 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

(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.

s 20 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86)

21Medical 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

(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—

(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.

s 21 amd 2023 No. 14 s 7

22Private 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.

(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.

s 22 amd 2023 No. 14 s 52 sch 1

23Dangerously 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.

s 23 amd 2023 No. 14 s 52 sch 1

24Death 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;

(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.

s 24 amd 2023 No. 14 s 52 sch 1

25Registration 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.

s 25 amd 2024 No. 25 s 3 sch 1; 2023 No. 17 s 164

26Marriage

(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.

(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.

26ACivil 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.

s 26A ins 2011 No. 46 s 49

sub 2012 No. 12 s 48; 2016 No. 33 s 44

27Change 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—

(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.

s 27 amd 2016 No. 42 s 4; 2023 No. 17 s 165

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

(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.

(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.

s 27AA ins 2023 No. 17 s 166

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

s 27AB ins 2023 No. 17 s 166

ch 2 pt 2 div 1A hdg ins 2009 No. 30 s 6

27ADefinitions 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.

s 27A ins 2009 No. 30 s 6

28Carrying 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).

28ARestriction 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.

s 28A ins 2009 No. 30 s 7

28BGiving 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.

s 28B ins 2009 No. 30 s 7

28CGiving 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.

s 28C ins 2009 No. 30 s 7

28DGiving 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.

s 28D ins 2009 No. 30 s 7

28ENo 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.

s 28E ins 2009 No. 30 s 7

28FPerson 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

(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.

s 28F ins 2009 No. 30 s 7

amd 2020 No. 23 s 69 sch 1 pt 1

28GPrisoner 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.

s 28G ins 2009 No. 30 s 7

28HLimited 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.

s 28H ins 2009 No. 30 s 7

29Application 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.

(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.

30Deciding 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

(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.

s 30 amd 2019 No. 26 s 290 sch 2; 2023 No. 14 s 52 sch 1; 2024 No. 25 s 3 sch 1

31Removing 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 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.

32Search 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.

s 32 amd 2023 No. 14 s 8

33Power 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.

(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.

s 33 amd 2023 No. 14 s 9

34Personal 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

s 34 amd 2024 No. 25 s 36

35Search 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.

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.

36Search 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.

37Search 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.

(2)A search requiring the removal of clothing under this section may be preceded by another less intrusive search.

38Requirements 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 38 amd 2024 No. 25 ss 37, 3 sch 1

39Body 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.

s 39 amd 2023 No. 14 s 10; 2024 No. 25 ss 38, 3 sch 1

39AFurther 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—

(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.

s 39A ins 2024 No. 25 s 39

40Register 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.

41Who 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.

s 41 amd 2013 No. 64 s 13; 2016 No. 62 s 14; 2020 No. 23 s 69 sch 1 pt 1; 2024 No. 25 s 3 sch 1

42Giving 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.

s 42 amd 2023 No. 14 s 52 sch 1

43Consequences 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

(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.

44Prisoner’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.

45Opening, searching and censoring mail

(1)A corrective services officer authorised by the chief executive may open, search and censor a prisoner’s ordinary mail.

(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.

46Seizing 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

(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.

47Seizing 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.

48Seizing 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.

(2)Subsection (1) does not apply to a document to which legal professional privilege attaches.

49Register 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.

50Phone 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.

(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.

51Personal 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.

Maximum penalty for subsection (4)—6 months imprisonment.

52Recording 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.

(6)In this section—

prisoner communication means a phone call, an electronic communication or a video link communication made to or from a prisoner.

s 52 amd 2017 No. 15 s 24 sch 1; 2022 No. 18 s 55

53Safety order

(1)The chief executive may make an order (a safety order) for a prisoner if—

(a)an authorised practitioner advises the chief executive that the authorised practitioner 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 by 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.

(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.

s 53 amd 2009 No. 30 s 8; 2024 No. 25 s 3 sch 1; 2024 No. 24 s 11

54Consecutive 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 an authorised practitioner, the further safety order may be made only on the advice of another authorised practitioner.

(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—

(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.

s 54 amd 2024 No. 24 s 12

55Review of safety order—authorised practitioner

(1)If a safety order was made on the advice of an authorised practitioner (the advising practitioner), the chief executive must refer the order to another authorised practitioner (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.

(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.

s 55 amd 2024 No. 24 s 13

56Review 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.

(10)For this section, 2 or more safety orders running consecutively are taken to be 1 safety order.

57Health examination

If a safety order is made for a prisoner, a health practitioner, who is not an authorised 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.

s 57 sub 2016 No. 42 s 5

amd 2023 No. 14 s 52 sch 1; 2024 No. 24 s 14

58Temporary safety order

(1)The chief executive may make a temporary order (the temporary safety order) for a prisoner if—

(a)an authorised practitioner 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 health practitioner, who is not an authorised practitioner, advises the chief executive that the officer or health practitioner 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 an authorised practitioner before the period ends.

(4)The authorised practitioner must review the temporary safety order as soon as practicable before the period ends.

(5)After completing the review, the authorised practitioner 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—

(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.

s 58 amd 2024 No. 25 s 3 sch 1; 2024 No. 24 s 15

59Record

(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 authorised practitioner 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 authorised practitioner 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 health practitioner 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 date when the order was reviewed;

(g)the name of the authorised practitioner who reviewed the order;

(h)the decision of the chief executive following the review.

s 59 amd 2024 No. 24 s 16

60Maximum 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.

s 60 amd 2020 No. 23 s 4; 2023 No. 14 s 11

61Consecutive 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).

62Other 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

(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.

s 62 amd 2020 No. 23 s 5

63Review 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

(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.

63ASuspension 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.

s 63A ins 2020 No. 23 s 6

64Health 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.

s 64 sub 2016 No. 42 s 6

amd 2023 No. 14 s 52 sch 1

65Record

(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

(ii)the name of the official visitor who reviewed the order; and

(iii)the decision of the chief executive following the review.

s 65 amd 2020 No. 23 s 7

66Work 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.

s 66 amd 2020 No. 23 s 8

67Restriction 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.

s 67 amd 2020 No. 23 s 9

68Transfer 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—

(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.

s 68 amd 2016 No. 5 s 923 sch 4; 2020 No. 23 s 10; 2024 No. 25 s 5

68ARestriction 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.

s 68A ins 2020 No. 23 s 11

amd 2023 No. 14 s 52 sch 1

69Transfer 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

(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.

s 69 amd 2009 No. 30 s 9; 2014 No. 21 s 94 (2) sch 2

70Removal 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.

s 70 amd 2024 No. 25 s 6

71Reconsidering 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.

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.

s 71 amd 2013 No. 64 s 15; 2016 No. 42 s 8; 2016 No. 62 s 16

72Power 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.

s 72 amd 2009 No. 30 s 10

73Compassionate leave

(1)Compassionate leave may be granted to enable a prisoner—

(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.

s 73 amd 2020 No. 23 s 12

81Leave 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.

(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.

82Leave 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.

s 82 amd 2006 No. 45 s 7

83Prisoner’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.

84Prisoner’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.

s 84 amd 2020 No. 23 s 13

85Suspending 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.

s 85 amd 2009 No. 30 s 12

87Leave 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.

88When 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.

89Interstate 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.

Maximum penalty for subsection (3)—6 months imprisonment.

90Effect 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.

91Amending 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.

92Notice 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.

93Liability 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.

94Effect 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—

(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.

95Escape 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.

96Corresponding 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.

ch 2 pt 2 div 9A hdg ins 2009 No. 30 s 14

96AMutual 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

(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.

s 96A ins 2009 No. 30 s 14

amd 2017 No. 15 s 24 sch 1

96BGiving 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).

s 96B ins 2009 No. 30 s 14

96CComplying 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.

s 96C ins 2009 No. 30 s 14

96DTime 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.

s 96D ins 2009 No. 30 s 14

108Discharge 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

s 108 amd 2020 No. 23 s 69 sch 1 pt 1; 2023 No. 14 s 12

109Effect 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.

Note—

For a remission granted after the commencement, see sections 401 and 402.

110Discharge 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.

111Remaining 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

(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).

s 111 amd 2020 No. 23 s 16; 2023 No. 14 s 52 sch 1

112Arresting 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.

(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.

s 112 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86); 2017 No. 15 s 24 sch 1; 2023 No. 14 s 13

113Breaches 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.

s 113 amd 2020 No. 23 s 69 sch 1 pt 1

114Breach 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.

s 114 amd 2020 No. 23 s 17

115Prisoner 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.

116Considering 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.

(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.

s 116 amd 2024 No. 25 s 3 sch 1

117Further 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.

118Consequences 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—

(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.

119Review 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—

(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.

120Disciplinary 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.

121Separate 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.

s 121 amd 2016 No. 42 s 9; 2023 No. 14 s 52 sch 1

122Unlawful assembly, riot and mutiny

(1)A prisoner must not take part in an unlawful assembly.

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

(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.

123Dealing 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.

124Other 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.

(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.

s 124 amd 2023 No. 14 s 14; 2024 No. 25 s 3 sch 1

ch 3 pt 2A hdg ins 2020 No. 23 s 17A

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.

(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.

s 124A ins 2020 No. 23 s 17A

ch 3 pt 2B hdg ins 2024 No. 25 s 7

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 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.

s 124B ins 2024 No. 25 s 7

125Definition for pt 3

In this part—

person does not include a prisoner, other than a prisoner who is released on parole or a supervised dangerous prisoner (sexual offender).

126Helping 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.

127Obstructing 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.

128Taking 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.

129Removing 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

(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.

130Unlawful 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.

131Killing 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.

131AWilfully 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.

s 131A ins 2021 No. 24 s 6

132Interviewing and photographing prisoner etc.

(1)A person must not—

(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.

s 132 amd 2022 No. 18 s 56

132AUnlawful 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—

(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.

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.

s 132A ins 2023 No. 14 s 15

amd 2024 No. 18 s 39 sch 1; 2024 No. 22 s 92 sch 1

133Interfering 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.

134False 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.

(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.

s 134 amd 2017 No. 15 s 24 sch 1

135Person 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.

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.

136Temporary 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.

(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.

137Power 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.

138Seizing 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.

s 138 amd 2020 No. 23 s 18

139Receipt 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.

(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.

140Forfeiting 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—

(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.

s 140 amd 2020 No. 23 s 19

141Returning 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.

(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

142Power 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.

143Authority 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

(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.

s 143 amd 2024 No. 25 s 3 sch 1

144Training 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.

145Issue, 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.

146Use 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 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.

147Requirements 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

(b)someone other than the person against whom the lethal force is directed.

148Reporting 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).

149Prisons

(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.

150Prison amenities

When establishing a new prison, the chief executive must ensure appropriate provision is made in the prison for each of the following—

(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.

s 150 amd 2017 No. 15 s 24 sch 1

151Other 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—

(a)premises;

(b)part of premises;

(c)a vehicle.

152Warnings 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.

153Prisoner’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

(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.

154Contact 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.

ch 4 pt 2 div 2 sdiv 1 hdg om 2009 No. 30 s 3 sch

ch 4 pt 2 div 2 sdiv 2 hdg om 2009 No. 30 s 3 sch

155Access 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.

s 155 amd 2009 No. 30 s 15

156Deciding 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;

(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.

(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.

s 156 amd 2009 No. 30 s 16

156AInterim 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.

(6)While the interim access approval has effect, it is taken to be an access approval.

s 156A ins 2009 No. 30 s 17

156BUrgent 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.

s 156B ins 2009 No. 30 s 17

157Suspending access approval

(1)The chief executive may suspend a visitor’s access approval for a corrective services facility if the visitor—

(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

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.

s 157 amd 2009 No. 30 s 18

157AAmending 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.

(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.

s 157A ins 2009 No. 30 s 19

158Monitoring 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.

159Search 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.

Note—

See section 173 for searching a staff member.

s 159 amd 2023 No. 14 s 16

160Identification 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.

s 160 amd 2009 No. 30 s 20; 2016 No. 42 s 10

161Visitor 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).

s 161 amd 2009 No. 30 s 21

162Proof 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.

s 162 amd 2009 No. 30 s 22; 2016 No. 42 s 11

163Direction 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.

164Accredited 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.

165Casual 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.

166Children

(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.

167Law 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

(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.

168Personal visitor

A personal visitor must arrange the time and length of the visit with the chief executive.

169Professional 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

s 169 amd 2023 No. 14 s 17

170Commercial 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

171Other 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.

172Staff 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.

173Search 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.

s 173 amd 2020 No. 23 s 20; 2023 No. 14 s 18

174Power 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.

175Power 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.

ch 4 pt 5 hdg ins 2020 No. 23 s 22

sub 2023 No. 14 s 20

175AConducting 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—

(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 175A ins 2020 No. 23 s 22

sub 2023 No. 14 s 20

amd 2024 No. 25 s 3 sch 1

ch 5 pt 1AA hdg ins 2021 No. 24 s 7

175BDefinitions 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.

homicide offence ...

s 175B def homicide offence om 2024 No. 25 s 8

no body-no parole prisoner see section 175C.

no cooperation declaration see section 175L.

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.

s 175B ins 2021 No. 24 s 7

175CMeaning 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.

s 175C ins 2021 No. 24 s 7

175DMeaning 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

(d)a conviction of murder and the person has on a previous occasion been sentenced for another offence of murder.

s 175D ins 2021 No. 24 s 7

ch 5 pt 1AB hdg ins 2021 No. 24 s 7

ch 5 pt 1AB div 1 hdg ins 2021 No. 24 s 7

175EMaking restricted prisoner declaration

The president may make a declaration under this division (a restricted prisoner declaration) about a restricted prisoner.

s 175E ins 2021 No. 24 s 7

175FRestricted 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.

s 175F ins 2021 No. 24 s 7

175GIf 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

(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.

s 175G ins 2021 No. 24 s 7

175HDeciding 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—

(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;

(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.

s 175H ins 2021 No. 24 s 7

175IIf 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).

(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).

s 175I ins 2021 No. 24 s 7

175JIf 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.

s 175J ins 2021 No. 24 s 7

ch 5 pt 1AB div 2 hdg ins 2021 No. 24 s 7

175KApplication of division

This division applies if—

(a)a no body-no parole prisoner applies for a parole order under section 176 or 180; or

(b)the parole board decides to consider whether a no body-no parole prisoner has given satisfactory cooperation.

175LParole 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).

s 175L ins 2021 No. 24 s 7

175MParole 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).

(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.

s 175M ins 2021 No. 24 s 7

175NParole 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.

s 175N ins 2021 No. 24 s 7

175ODeciding 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

(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.

s 175O ins 2021 No. 24 s 7

175PIf 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.

(4)If the prisoner stops being a no body-no parole prisoner, the no cooperation declaration ends.

s 175P ins 2021 No. 24 s 7

175QIf 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.

s 175Q ins 2021 No. 24 s 7

175RPrisoner 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

(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.

s 175R ins 2021 No. 24 s 7

175SDeciding 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

(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).

s 175S ins 2021 No. 24 s 7

175TDiscretion 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.

s 175T ins 2021 No. 24 s 7

175UIf 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.

s 175U ins 2021 No. 24 s 7

176Applying 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 176 amd 2017 No. 15 s 24 sch 1; 2021 No. 24 s 8; 2023 No. 14 s 21

176ADeciding 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.

s 176A ins 2021 No. 24 s 9

176BApplications 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.

s 176B ins 2021 No. 24 s 9

176CApplications made by prisoners on remand

A prisoner who is detained on remand for an offence may not apply for exceptional circumstances parole.

s 176C ins 2023 No. 14 s 22

178Definitions 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.

s 178 def prescribed offence ins 2016 No. 62 s 17 (2)

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.

s 178 def relevant further period ins 2016 No. 62 s 17 (2)

s 178 amd 2016 No. 62 s 17 (1)

179Application 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;

(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.

180Applying 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

(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.

s 180 amd 2009 No. 30 s 23; 2017 No. 15 s 24 sch 1; 2021 No. 24 s 10; 2024 No. 24 s 57 sch 1 pt 1; 2024 No. 33 s 2C

181Parole 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 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.

s 181 amd 2012 No. 19 s 7; 2016 No. 62 s 18

181AParole 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;

(b)the period of imprisonment provided for under the maximum penalty for the prescribed offence.

s 181A ins 2012 No. 14 s 3

amd 2016 No. 62 s 19

182Parole 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.

s 182 amd 2016 No. 62 s 20

182AParole 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

(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.

s 182A ins 2013 No. 31 s 7

sub 2014 No. 42 s 9

amd 2016 No. 62 s 21

183Parole 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.

s 183 amd 2016 No. 62 s 22

184Parole 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

(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).

(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.

s 184 amd 2013 No. 35 s 42B; 2014 No. 42 s 10; 2016 No. 62 s 23

185Parole 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).

(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 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.

s 185 amd 2013 No. 31 s 8

185AParole 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.

s 185A ins 2009 No. 30 s 24

185BParole 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).

s 185B ins 2012 No. 40 s 4

amd 2016 No. 62 s 24

186Definition for div 2

In this division—

parole order does not include a court ordered parole order.

188Submission 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

(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.

s 188 amd 2017 No. 15 s 24 sch 1; 2020 No. 23 s 23; 2024 No. 25 s 9

189Appearing 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.

s 189 amd 2017 No. 15 s 24 sch 1

190Applying 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.

s 190 amd 2017 No. 15 s 24 sch 1

191When 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.

192Parole 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.

s 192 amd 2017 No. 15 s 24 sch 1

193Deciding parole applications—general

(1)After receiving a prisoner’s application for a parole order, the parole board must decide—

(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.

(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—

(i)on or after the prisoner’s parole eligibility date; and

(ii)not more than 14 days after the date of the parole order.

s 193 amd 2009 No. 30 s 25; 2017 No. 15 s 5; 2017 No. 23 s 3; 2018 No. 20 s 6; 2019 No. 10 s 12; 2021 No. 24 s 11; 2024 No. 24 s 8; 2024 No. 33 s 2D