Corrective Services Regulation 2001

Queensland Corrective Services Act 2000 Corrective Services Regulation 2001 Reprinted as in force on 31 October 2003 Reprint No. 2 * This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2006 Act No. 29 s 479 * Minor differences in presentation between this reprint and another reprint with the same number are due to the conversion to new styles. The content has not changed.

Information about this reprint This regulation is reprinted as at 31 October 2003. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have also been made to use aspects of format and printing style consistent with current drafting practice (s 35). This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland Corrective Services Regulation 2001 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 13 14 14A 15 16 17 18 19 Part 3 20 21 22 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Prisoners Considerations when acting under the Act . . . . . . . . . . . . . . . . . . 3 Prisoner classifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Accommodation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Death of a prisoner—Act, s 18(2). . . . . . . . . . . . . . . . . . . . . . . . . 4 Privileged mail—Act, sch 3, definition privileged mail . . . . . . . . . 5 Strip search requirements—Act, s 27A . . . . . . . . . . . . . . . . . . . . 6 Special treatment order conditions—Act, s 38(3)(a) . . . . . . . . . . 7 Crisis support order for Aboriginal or Torres Strait Islander prisoner .................................... 8 Maximum security order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Transfer to another facility or a health institution . . . . . . . . . . . . . 9 Resettlement leave—Act, s 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Interstate leave permit—Act, s 67(1) . . . . . . . . . . . . . . . . . . . . . . 10 Declaration of corresponding laws—Act, s 74 . . . . . . . . . . . . . . . 10 Breaches of discipline—Act, s 86(1) . . . . . . . . . . . . . . . . . . . . . . 11 Privileges—Act, sch 3, definition privileges . . . . . . . . . . . . . . . . . 12 Separate confinement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Prohibited things—Act, s 93(1). . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Searching during temporary detention . . . . . . . . . . . . . . . . . . . . . 15 Corrective services facilities Establishing prisons—Act, s 118(1) . . . . . . . . . . . . . . . . . . . . . . . 16 Visit by child—Act, s 123(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Visitor identification—Act, s 126(2) . . . . . . . . . . . . . . . . . . . . . . . 16

2 Corrective Services Regulation 2001 23 24 Part 3A 24A Part 3B 24B Part 4 25 26 27 28 29 30 Part 5 31 Schedule 1 Schedule 2 Prisoner to prisoner visit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appearing before corrections board . . . . . . . . . . . . . . . . . . . . . . . Regional community corrections boards Establishment of regional community corrections boards—Act, s 170 ...................................... Transitional provision for regional community corrections boards Transitional provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administration Monitoring device . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acts applying to engaged service providers—Act, s 197 . . . . . . . Chaplain’s function—Act, s 217(2) . . . . . . . . . . . . . . . . . . . . . . . . Visits by chaplains, elders, respected persons or spiritual healers ...................................... Deductions from prisoner’s account—Act, s 236(f) . . . . . . . . . . . Bringing property into facility—Act, s 239(5) . . . . . . . . . . . . . . . . Repeal Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prisons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regional community corrections boards . . . . . . . . . . . . . . . . 17 18 19 19 20 20 20 21 21 21 22 23 26 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 27 27 28 28 29

s1 3 s3 Corrective Services Regulation 2001 Corrective Services Regulation 2001 [as amended by all amendments that commenced on or before 31 October 2003] Part 1 Preliminary 1 Short title This regulation may be cited as the Corrective Services Regulation 2001 . 2 Commencement This regulation commences on 1 July 2001. Part 2 Prisoners 3 Considerations when acting under the Act (1) This section applies to a person who is performing a function, or exercising a power, under the Act. (2) The person must, whenever practicable— (a) respect an offender’s dignity; and (b) take into account— (i) an offender’s age, gender and race; and (ii) any disability an offender has; and (iii) the culturally specific needs of Aboriginal and Torres Strait Islander offenders. (3) When communicating with an offender who is illiterate or does not understand English, the person must take reasonable steps to ensure the offender understands the communication.

s4 4 s6 Corrective Services Regulation 2001 4 Prisoner classifications (1) This section applies if— (a) the chief executive decides to change a prisoner’s classification; and (b) the prisoner is dissatisfied with the decision. (2) The prisoner may, within 7 days after being given notice of the decision, ask the chief executive to reconsider the decision. (3) After reconsidering the decision, the chief executive may confirm, amend or cancel the decision. 5 Accommodation (1) An Aboriginal or Torres Strait Islander prisoner must be accommodated as close as practicable to the prisoner’s family unless the prisoner indicates otherwise. (2) In deciding what is practicable, the chief executive must consider all relevant factors, including for example— (a) whether the prisoner’s accommodation in the corrective services facility closest to the prisoner’s family would pose an unacceptable risk to the safety of persons, including the prisoner, in the facility; and (b) the prisoner’s security classification; and (c) any orders to which the prisoner is subject. Example of subsection (2)(c) — An Aboriginal prisoner who is subject to a maximum security order can not be accommodated in the corrective services facility closest to the prisoner’s family unless the facility contains a maximum security facility. 6 Death of a prisoner—Act, s 18(2) For section 18(2) of the Act, the chief executive must keep a record of the following details of a prisoner who dies— (a) the prisoner’s name and identification number; (b) the time, date and place of death;

s7 5 s7 Corrective Services Regulation 2001 (c) the times and dates on which the persons mentioned in section 18(1) of the Act were notified; (d) the date the inspectors were appointed to investigate the death and the inspectors’ names; (e) the cause of death recorded on the certificate of cause of death. 7 Privileged mail—Act, sch 3, definition privileged mail (1) For the Act, schedule 3, definition privileged mail , the following persons are prescribed— (a) a Minister; (b) the chief executive or someone authorised by the chief executive; (c) the person in charge; (d) the ombudsman; (e) the Commonwealth Ombudsman; (f) the Information Commissioner under the Freedom of Information Act 1992 ; (g) the Attorney-General of the Commonwealth; (h) the Anti-Discrimination Commissioner under the Anti-Discrimination Act 1991 ; (i) the president of the Human Rights and Equal Opportunity Commission; (j) the director of public prosecutions; (k) a registrar or clerk of a court; (l) the secretary of a corrections board; (m) an officer of a law enforcement agency; (n) an official visitor; (o) a prisoner’s lawyer. (2) To help to identify mail as privileged mail, a prisoner may send it in a blue envelope.

s8 6 s8 Corrective Services Regulation 2001 (3) The person in charge must provide a prisoner with a blue envelope on request. 8 Strip search requirements—Act, s 27A (1) A corrective services officer must, before carrying out a strip search— (a) tell the prisoner he or she will be required to remove clothing during the search; and (b) tell the prisoner why it is necessary to remove the clothing. (2) A corrective services officer carrying out the search— (a) may require the prisoner— (i) to hold his or her arms in the air; or (ii) to stand with legs apart and bend forward to enable a visual examination to be made; and (b) must, if reasonably practicable, give the prisoner the opportunity to remain partly clothed during the search, for example, by allowing the prisoner to dress his or her upper body before being required to remove clothing from the lower part of the body. (3) 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. (4) Subject to subsection (5), a strip search must not be carried out in the view of anyone who is not actually carrying out the search. (5) If a video camera monitors the area where the prisoner is searched and a person viewing the monitor is not a corrective services officer of the same gender as the prisoner, a corrective services officer carrying out the search must— (a) ensure the monitor is turned off; or (b) ensure the camera is turned off; or (c) conduct the search out of view of the camera.

s9 7 s9 Corrective Services Regulation 2001 (6) If a recording is made of the search, the recording must be kept in a secure place and must not be shown to anyone other than— (a) the prisoner or the prisoner’s lawyer; or (b) a doctor treating the prisoner; or (c) a person deciding if a proceeding is to be started for an offence— (i) involving something found during the search; or (ii) committed during the search; or (d) a police officer investigating an offence— (i) involving something found during the search; or (ii) committed during the search; or (e) a police officer, lawyer, prosecutor or witness involved in a proceeding for an offence— (i) involving something found during the search; or (ii) committed during the search; or (f) a court; or (g) the chief executive or a person directed by the chief executive to view the recording; or (h) the person in charge; or (i) an official visitor; or (j) a commissioner of the Criminal Justice Commission; or (k) the ombudsman; or (l) someone else, with the prisoner’s consent. 9 Special treatment order conditions—Act, s 38(3)(a) For section 38(3)(a) of the Act, conditions about the following are prescribed— (a) the extent to which the prisoner is to be segregated from other prisoners accommodated in the corrective services facility;

s 10 8 s 11 Corrective Services Regulation 2001 (b) any special needs of the prisoner and how the needs must be met; (c) visits the prisoner may receive; (d) the amount of property the prisoner may keep and may access while subject to the order; (e) the prisoner’s access to approved activities, courses and programs; (f) phone calls and electronic communications the prisoner may make. 10 Crisis support order for Aboriginal or Torres Strait Islander prisoner If the person in charge makes a crisis support order for an Aboriginal or Torres Strait Islander prisoner, the person in charge must as soon as practicable— (a) advise an Aboriginal or Torres Strait Islander health worker that the order has been made and request the worker to visit the prisoner; and (b) if an Aboriginal or Torres Strait Islander chaplain, elder, respected person or indigenous spiritual healer has been appointed for the corrective services facility—advise the chaplain, elder, person or healer that the order has been made; and (c) advise the person nominated by the prisoner as the prisoner’s contact person that the order has been made. 11 Maximum security order (1) This section applies to the chief executive when considering whether to classify a prisoner as maximum security. (2) If the prisoner has been diagnosed as having a psychiatric disorder, the chief executive must not classify the prisoner as maximum security until— (a) the prisoner has been examined by a doctor; and (b) the chief executive considers the doctor’s assessment of the prisoner.

s 12 9 s 13 Corrective Services Regulation 2001 (3) If the prisoner has been assessed as having an intellectual disability, the chief executive must not classify the prisoner as maximum security until— (a) the prisoner has been examined by a psychologist; and (b) the chief executive considers the psychologist’s assessment of the prisoner. 12 Transfer to another facility or a health institution (1) A prisoner who is transferred under an order for the prisoner’s transfer made under section 53(1) of the Act may make 1 phone call and post 1 letter at the chief executive’s expense. (2) If a prisoner asks for an order for the prisoner’s transfer to be made under section 53(1) of the Act and the order is not made, the person in charge must inform the prisoner of the decision. 13 Resettlement leave—Act, s 60 (1) For section 60(1) of the Act, a prisoner to whom resettlement leave may be granted is a prisoner who— (a) is classified as low or open security; and (b) is serving a period of imprisonment of more than 2 years; and (c) has addressed any recommendations of the court that sentenced the prisoner to imprisonment; and (d) if the prisoner’s sentence of imprisonment was suspended—is serving a period of imprisonment ordered under the Penalties and Sentences Act 1992 , section 147(1)(b) or (c); 1 and (e) if the prisoner is not a prisoner who has been convicted of a serious violent offence, but is serving a period of imprisonment of less than 8 years—has reached the time at which the prisoner has served at least 25% of the period, or the time at which the prisoner has less than 6 months to serve before the prisoner could become eligible for release, whichever is the later time; and 1 Penalties and Sentences Act 1992 , section 147 (Power of court mentioned in s 146)

s 14 10 s 14A Corrective Services Regulation 2001 (f) if the prisoner is not a prisoner who has been convicted of a serious violent offence, but is serving a period of imprisonment of 8 years or more—has reached the time at which the prisoner has served at least 25% of the period, or the time at which the prisoner has less than 1 year to serve before the prisoner could become eligible for release, whichever is the later time. (2) For subsection (1)(e) and (f), a prisoner could become eligible for release when a post-prison community based release order, other than an exceptional circumstances parole order, made in relation to the prisoner could start. 14 Interstate leave permit—Act, s 67(1) For section 67(1) of the Act, the following purposes are prescribed— (a) to enable a prisoner to visit a person with whom the prisoner has had a long standing personal relationship, if the person is seriously ill; (b) to enable a prisoner to attend the funeral of a person with whom the prisoner has had a long standing personal relationship; (c) to enable the prisoner to do something else if the chief executive considers the prisoner ought reasonably to be allowed to do it for compassionate reasons. 14A Declaration of corresponding laws—Act, s 74 The following are declared to be corresponding laws for section 74 of the Act 2 — (a) Corrections Act 1986 (Vic), part 8A; (b) Corrections Act 1997 (Tas), part 6; (c) Crimes (Administration of Sentences) Act 1999 (NSW), part 2, division 3; (d) Prisoners’ Interstate Leave Act 1997 (ACT). 2 Section 74 (Corresponding laws) of the Act

s 15 11 s 15 Corrective Services Regulation 2001 15 Breaches of discipline—Act, s 86(1) (1) For section 86(1) of the Act, a prisoner commits a breach of discipline if the prisoner— (a) disobeys a lawful direction of a corrective services officer; or (b) if a corrective services officer lawfully directs the prisoner to do something—wilfully does it in a careless or negligent way; or (c) makes something that has not been expressly or impliedly approved by the person in charge as being something the prisoner may make; or (d) possesses or conceals something that has not been expressly or impliedly approved by the person in charge as being something the prisoner may possess; or (e) knowingly consumes something that has not been expressly or impliedly approved by the person in charge as being something the prisoner may consume; or (f) uses abusive, indecent, insulting, obscene, offensive or threatening language in another person’s presence; or (g) acts in an indecent or offensive way in another person’s presence; or (h) acts in a way that is contrary to the security or good order of a corrective services facility; or (i) makes a complaint, other than a complaint to an official visitor, about an act or omission of another prisoner, or a corrective services officer, that is frivolous or vexatious; or (j) organises or takes part in gambling; or (k) wilfully consumes or inhales anything that is likely to induce an intoxicated state, other than medication taken as prescribed by a doctor; or (l) without a corrective services officer’s approval, alters the prisoner’s appearance, or another prisoner’s appearance, so that it significantly differs from the

s 16 12 s 16 Corrective Services Regulation 2001 prisoner’s appearance described in the record kept under section 10 3 of the Act; or (m) without the approval of a corrective services officer, doctor or nurse— (i) possesses or takes medication; or (ii) gives or administers medication to another prisoner; or (n) wilfully damages, destroys, removes or otherwise interferes with a device that monitors an offender’s location; or (o) obtains another prisoner’s property, other than in circumstances expressly approved by the person in charge; or (p) attempts to do anything mentioned in paragraphs (a) to (o). (2) The person in charge must give a prisoner the details mentioned in section 90 4 of the Act for each breach of discipline the prisoner is found to have committed. 16 Privileges—Act, sch 3, definition privileges For the Act, schedule 3, definition privileges , the following are privileges— (a) participating in an activity, course or program; (b) making or receiving phone calls, other than phone calls to or from the prisoner’s lawyer; (c) associating with a particular prisoner or group of prisoners; (d) using a television, radio, audio cassette player, compact disc player, computer or electronic game; (e) using a musical instrument; (f) using library facilities; 3 Section 10 (Identification of prisoners) of the Act 4 Section 90 (Disciplinary breach register) of the Act

s 17 13 s 18 Corrective Services Regulation 2001 (g) buying anything other than essential toiletries, writing materials and stamps; (h) accessing the prisoner’s property; (i) receiving a contact visit. 17 Separate confinement The person in charge must ensure that a prisoner undergoing separate confinement— (a) can access reticulated water, a toilet, and shower facilities that, as far as practicable, are constructed in a way that prevents the prisoner from associating with other prisoners; and (b) is given the same type of mattress, sheets, blankets and pillow as the prisoner would have were the prisoner not in separate confinement; and (c) is given clothing that is appropriate for the prevailing conditions; and (d) is given the opportunity to exercise, in the fresh air, for at least 2 daylight hours a day. 18 Prohibited things—Act, s 93(1) For section 93(1) of the Act, the following are prohibited things— (a) a weapon, replica of a weapon, or replica under the Weapons Act 1990 ; (b) an explosive or ammunition under the Explosives Act 1999 ; (c) a flammable substance; (d) anything capable of being used to scale a fence, wall, door or gate, including for example a grappling hook, ladder or rope; (e) anything capable of cutting or spreading metal bars; (f) anything capable of damaging or destroying a fitting or fixture designed to detain prisoners;

s 18 14 s 18 Corrective Services Regulation 2001 (g) a key, card, or other device capable of opening a mechanical or electronic lock; (h) soap or another substance that contains an impression of a prohibited thing, including for example a key; (i) a knife, a saw, scissors or another cutting implement; (j) kitchen utensils or equipment or tools; (k) a spirituous or fermented fluid or substance of an intoxicating nature; (l) a drug or medicine; (m) a syringe or other device capable of administering a drug; (n) cash, a credit card, debit card, cheque or money order or another negotiable instrument; (o) a passport; (p) a form of identification, including for example a false identification; (q) anything capable of being used to alter a prisoner’s appearance so that it significantly differs from the prisoner’s appearance described in the record kept under section 10 5 of the Act, including for example a tattooing device; (r) a communication device, including for example a computer, modem, phone, radio or radio scanner; (s) any of the following— (i) an objectionable computer game under the Classification of Computer Games and Images Act 1995 ; (ii) a film that is classified as an R film under the Classification of Films Act 1991 , an objectionable film under that Act, or a film that, if it were classified under that Act, would be classified as an R film or an objectionable film; 5 Section 10 (Identification of prisoners) of the Act

s 19 15 s 19 Corrective Services Regulation 2001 (iii) a prohibited publication under the Classification of Publications Act 1991 ; (t) anything that has been modified from its usual form to enable something to be concealed in it; (u) anything that poses a risk to the security or good order of a corrective services facility, including for example a drawing, plan, or photo of the facility; (v) any part of a thing mentioned in paragraphs (a) to (u). Example of paragraph (v) — The needle of a syringe. 19 Searching during temporary detention (1) This section applies if a corrective services officer intends to search anything in a person’s possession, under section 104(2)(b) 6 of the Act. (2) If it is reasonably practicable to do so, the officer must, before conducting the search— (a) tell the person that the officer intends to conduct a search and what the officer intends to search; and (b) tell the person the reason for the search; and (c) ask for the person’s cooperation. (3) The officer must conduct the search in a way that respects the person’s dignity. (4) The officer must conduct the search as quickly as possible. (5) After conducting the search, the officer must restore anything in the person’s possession to the way it was before the search. 6 Section 104 (Temporary detention for security offences) of the Act

s 20 16 s 22 Corrective Services Regulation 2001 Part 3 Corrective services facilities 20 Establishing prisons—Act, s 118(1) (1) For section 118(1) of the Act, the places described in schedule 1 7 are declared to be prisons and the name assigned to each prison is the name set opposite the place in the schedule. (2) A plan mentioned in schedule 1 is a plan registered in the department in which the Land Title Act 1994 is administered. 21 Visit by child—Act, s 123(1) In considering if it is in a child’s best interests to visit a prisoner for section 123(1) of the Act, the person in charge may consider all relevant factors, including for example the following— (a) the child’s relationship to the prisoner; (b) the child’s age or apparent age; (c) any urgent circumstances relating to the child or prisoner; (d) the child’s reason for the visit. 22 Visitor identification—Act, s 126(2) For section 126(2) 8 of the Act, a visitor may prove his or her identity by— (a) any 3 of the following— (i) a current debit card, credit card or bankbook with the person’s name and signature; (ii) a current pension card or other social security card; (iii) a current medicare card; (iv) a birth certificate; 7 Schedule 1 (Prisons) 8 Section 126 (Requirements during visits) of the Act

s 23 17 s 23 Corrective Services Regulation 2001 (v) a statutory declaration signed by a justice of the peace or commissioner for declarations that identifies the person by name and signature; or (b) a current driver’s licence; or (c) a letter signed by a member of an Aboriginal or Torres Strait Islander organisation that identifies the person by name; or (d) an identification card, containing the person’s photo, issued by— (i) the chief executive; or (ii) a law enforcement agency; or (iii) the Supreme Court; or (iv) a State government entity; or (v) an educational facility; or (e) a current passport; or (f) for an unaccompanied child—the answering of questions about the prisoner, or the child, to sufficiently identify the child. 23 Prisoner to prisoner visit (1) If it is operationally feasible, the person in charge may allow a prisoner (the visiting prisoner ) to visit another prisoner who is— (a) the visiting prisoner’s spouse; or (b) a relative of the visiting prisoner. (2) In considering whether it is operationally feasible, the person in charge must consider all relevant factors, including for example— (a) if the 2 prisoners are not accommodated at the same corrective services facility— (i) the distance between the corrective services facilities in which the prisoners are accommodated; and

s 24 18 s 24 Corrective Services Regulation 2001 (ii) the risk of the visiting prisoner escaping, or attempting to escape, during the transfer between facilities; and (b) the prisoners’ classifications; and (c) whether the visit could pose a risk to the security or good order of a corrective services facility. (3) If, before the actual day of a proposed visit, the person in charge decides the visit is operationally feasible, the person in charge must nevertheless, on the actual day, again consider the factor mentioned in subsection (2)(c), having regard to the circumstances on that day. (4) A visit under this section is subject to all reasonable conditions, including conditions about searching, the person in charge imposes. (5) In this section— spouse includes a person who was, immediately before the prisoner was imprisoned, the prisoner’s de facto partner. 24 Appearing before corrections board (1) Leave required under section 137(1) or (2) of the Act to appear before a corrections board may be applied for in the approved form. (2) The secretary of the board must give the prisoner written notice of— (a) the board’s decision; and (b) if the board grants the leave—the time and place at which the prisoner or agent may appear before the board.

s 24A 19 Corrective Services Regulation 2001 s 24B Part 3A Regional community corrections boards 24A Establishment of regional community corrections boards—Act, s 170 (1) For section 170 of the Act, 9 a regional community corrections board is established for each of the areas of the State specified in column 1 of parts 1 and 2 of schedule 2. 10 (2) The name assigned to the board established for each area is the name stated in column 2 opposite the area in column 1 of the schedule. (3) To remove any doubt, each of the boards in part 2, column 2 may exercise its powers in relation to the whole of the area in part 2, column 1. Part 3B Transitional provision for regional community corrections boards 24B Transitional provision (1) A person who, immediately before the commencement of this section, was a member of the Rockhampton Regional Community Corrections Board is taken to be a member of the Central Queensland Regional Community Corrections Board for the remainder of the person’s appointment as a member. (2) A person who, immediately before the commencement of this section, was a member of another regional community corrections board continues to be a member of that board for the remainder of the person’s appointment as a member. 9 Section 170 (Establishment of regional boards) of the Act 10 Schedule 2 (Regional community corrections boards)

s 25 20 s 27 Corrective Services Regulation 2001 Part 4 Administration 25 Monitoring device (1) This section applies if, under section 191 of the Act, the chief executive requires an offender to wear a device that monitors the offender’s location. (2) The chief executive must ensure the prisoner is— (a) told how the device operates; and (b) instructed not to wilfully damage, destroy, remove or otherwise interfere with the device. 26 Acts applying to engaged service providers—Act, s 197 (1) For section 197(1) to (4) of the Act, the following engaged service providers are prescribed— (a) Australasian Correctional Management Pty Ltd; (b) Management & Training Corporation Pty Ltd; (c) Ozcare. (2) For section 197(1)(b), (2)(b) and (4)(b), the following offices are prescribed— (a) the employee of Australasian Correctional Management Pty Ltd who is the person in charge of Arthur Gorrie Correctional Centre; (b) the employee of Management & Training Corporation Pty Ltd who is the person in charge of Borallon Correctional Centre; (c) the chief executive officer of Ozcare in Queensland. 27 Chaplain’s function—Act, s 217(2) For section 217(2) of the Act, the function of a chaplain is to serve the spiritual needs of prisoners, including for example by coordinating religious services within the corrective services facility to which the chaplain is appointed.

s 28 21 s 30 Corrective Services Regulation 2001 28 Visits by chaplains, elders, respected persons or spiritual healers A chaplain, elder, respected person or indigenous spiritual healer must be allowed to visit a prisoner out of the hearing of a corrective services officer. 29 Deductions from prisoner’s account—Act, s 236(f) For section 236(f) of the Act, each of the following purposes is prescribed— (a) the cost of phone calls and postage; (b) purchases made by the prisoner with the person in charge’s approval, including for example food stuffs, tobacco or toiletries; (c) television hire; (d) if the prisoner has more property than the prisoner may keep in the corrective services facility—the costs associated with removing and storing the property. 30 Bringing property into facility—Act, s 239(5) (1) This section applies for section 239(5) of the Act. (2) A prisoner may keep in a corrective services facility property that in total does not exceed 0.25m 3 . (3) The following property need not be taken into account for subsection (2)— (a) consumable things, including for example food stuffs, tobacco or toiletries; (b) legal documents; (c) educational material or equipment approved by the person in charge; (d) if the prisoner is a female and has a child accommodated with her—property for the care of the child approved by the person in charge. (4) A prisoner is responsible for the safe keeping of the prisoner’s property that is approved to be in the prisoner’s possession.

s 31 22 s 31 Corrective Services Regulation 2001 (5) A prisoner must store the prisoner’s property in a tidy and orderly way. (6) When a prisoner is discharged or released, the person in charge must ensure any property stored for the prisoner is returned to the prisoner. (7) If a prisoner dies, the person in charge must ensure any property stored for the prisoner is given to the executor or administrator of the prisoner’s estate. Part 5 Repeal 31 Repeal The Corrective Services Regulation 1989 and the Corrective Services (Establishment of Prisons) Regulation 1992 are repealed.

23 Corrective Services Regulation 2001 Schedule 1 Prisons section 20 Name Arthur Centre Gorrie Correctional Borallon Correctional Centre Brisbane Correctional Centre Brisbane Women’s Correctional Centre Brisbane Women’s Remand and Reception Centre Capricornia Correctional Centre Darling Downs Correctional Centre Place Lot 11 on plan SP138149, county of Stanley, parish of Oxley Lot 121 on plan Cc248, lots 74, 75, 76 and 77 on plan Cc2605 and lot 130 on plan Ch3116, county of Churchill, parish of Walloon Lot 205 on plan SL809188, county of Stanley, parish of South Brisbane Part of lot 530 on plan SP111924, county of Stanley, parish of Oxley, shown as ‘Women’s Prison 5.773ha’ on sketch plan number 5016-3A which may be inspected at the office of the department at 50 Ann Street, Brisbane Lots 206, 207 and 208 on plan SL809188, county of Stanley, parish of South Brisbane Lot 145 on plan Ln.2427, county of Livingstone, parish of Fitzroy Lot 211 on plan AG804835, lot 212 on plan AG4111, lot 213 on plan AG3945 and lot 8 on RP 36582, county of Aubigny, parish of Westbrook

24 Corrective Services Regulation 2001 Schedule 1 (continued) Name Lotus Glen Correctional Centre Maryborough Centre Correctional Numinbah Correctional Centre Palen Creek Correctional Centre Princess Alexandra Hospital Secure Unit Sir David Longland Correctional Centre Townsville Correctional Centre Wolston Correctional Centre Place Lots 864 and 866 on plan NR5315, county of Nares, parish of Tinaroo Lot 115 on crown plan LX 154 and lot 1 on RP 220285, county of Lennox, parish of Ferguson Lot 221 on RP 816151, county of Ward, parish of Numinbah Lot 1 on RP 864039 and lots 30 and 215 on CP 849351, county of Ward, parish of Palen Lot 1 in lot 702 on plan CP891565, county of Stanley, parish of South Brisbane, shown on plan SP135372 a Lot 488 on plan SL12664, county of Stanley, parish of Oxley Lot 56 on plan EP1573 and lot 57 on plan SP152800, county of Elphinstone, parish of Beor Lot 530 on plan SP111924, county of Stanley, parish of Oxley (other than the land occupied by the Brisbane Women’s Correctional Centre) and lot 487 on plan SL12664, county of Stanley, parish of South Brisbane (other than lot D on CP 854829 and lot E on CP 901771)

25 Corrective Services Regulation 2001 Schedule 1 (continued) Name Woodford Correctional Centre Place Lot 334 on plan SP137892, lot 335 on plan CG535 and lot 336 on plan CG2364, county of Canning, parish of Durundur a Plan SP135372 may be inspected at the department’s office at 50 Ann Street, Brisbane.

26 Corrective Services Regulation 2001 Schedule 2 Part 1 Regional community corrections boards section 24A North Queensland regional community corrections boards Column 1 Area of the State 1 The part of the State north of latitude 18º south 2 The part of the State south of latitude 18º south and north of latitude 21º south 3 The part of the State south of latitude 21º south and north of latitude 26º south Column 2 Name assigned to the board North Queensland Regional Community Corrections Board Townsville Regional Community Corrections Board Central Queensland Regional Community Corrections Board Part 2 South Queensland regional community corrections boards Column 1 Area of the State 1 The part of the State south of latitude 26º south Column 2 Name assigned to the board Brisbane Regional Community Corrections Board South Queensland Regional Community Corrections Board West Moreton Regional Community Corrections Board

27 Corrective Services Regulation 2001 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 31 October 2003. Future amendments of the Corrective Services Regulation 2001 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

28 Corrective Services Regulation 2001 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A Amendments to none 2001 SL No. 188 Effective 1 July 2001 16 October 2001 Reprint date 2 July 2001 19 October 2001 Reprint No. 1B 1C 1D 1E 1F 2 Amendments included 2002 SL No. 305 2003 SL No. 54 2003 SL No. 86 2003 SL No. 209 2003 SL No. 257 — Effective 22 November 2002 1 April 2003 16 May 2003 12 September 2003 31 October 2003 31 October 2003 Notes R1F withdrawn, see R2 5 List of legislation Corrective Services Regulation 2001 SL No. 89 made by the Governor in Council on 28 June 2001 notfd gaz 29 June 2001 pp 822–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2001 (see s 2) exp 1 September 2011 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Corrective Services Amendment Regulation (No. 1) 2001 SL No. 188 notfd gaz 12 October 2001 pp 492–3 ss 1–2 commenced on date of notification remaining provisions commenced 16 October 2001 (see s 2) Corrective Services Amendment Regulation (No. 1) 2002 SL No. 305 notfd gaz 22 November 2002 pp 1018–21 commenced on date of notification Discrimination Law (Marital Status) Amendment Regulation (No. 1) 2003 SL No. 54 ss 1–3 sch notfd gaz 28 March 2003 pp 1125–9 ss 1–2 commenced on date of notification remaining provisions commenced 1 April 2003 (see s 2)

29 Corrective Services Regulation 2001 Corrective Services Amendment Regulation (No. 1) 2003 SL No. 86 notfd gaz 16 May 2003 pp 213–4 commenced on date of notification Corrective Services Amendment Regulation (No. 2) 2003 SL No. 209 notfd gaz 12 September 2003 pp 128–31 commenced on date of notification Corrective Services Amendment Regulation (No. 3) 2003 SL No. 257 notfd gaz 31 October 2003 pp 691–4 commenced on date of notification 6 List of annotations Privileged mail—Act, sch 3, definition “privileged mail” s 7 amd 2002 SL No. 305 s 3 Strip search requirements—Act, s 27A s 8 amd 2002 SL No. 305 s 4 Declaration of corresponding laws—Act, s 74 s 14A ins 2001 SL No. 188 s 4 Establishing prisons—Act, s 118(1) s 20 amd 2003 SL No. 209 s 3 Prisoner to prisoner visit s 23 amd 2003 SL No. 54 s 3 sch PART 3A—REGIONAL COMMUNITY CORRECTIONS BOARDS pt 3A (s 24A) ins 2003 SL No. 86 s 3 PART 3B—TRANSITIONAL PROVISION FOR REGIONAL COMMUNITY CORRECTIONS BOARDS pt 3B (s 24B) ins 2003 SL No. 86 s 3 Acts applying to engaged service providers—Act, s 197 s 26 amd 2003 SL No. 257 s 3 SCHEDULE 1—PRISONS sch hdg amd 2003 SL No. 86 s 4(1) sch 1 amd 2001 SL No. 188 s 5; 2002 SL No. 305 s 5; 2003 SL No. 86 s 4(2); 2003 SL No. 209 s 4; 2003 SL No. 257 s 4 SCHEDULE 2—REGIONAL COMMUNITY CORRECTIONS BOARDS ins 2003 SL No. 86 s 5 © State of Queensland 2006