CORRECTIONAL SERVICES ACT 2014 (NO 26 OF 2014)

Northern Territory Numbered Acts

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CORRECTIONAL SERVICES ACT 2014 (NO 26 OF 2014)

TABLE OF PROVISIONS

Long Title

CHAPTER 1--PRELIMINARY MATTERS

PART 1.1--FORMAL MATTERS

1. Short title
2. Commencement
3. Application of Criminal Code

PART 1.2--INTERPRETATION

4. Definitions
5. Offenders
6. Prisoners
7. Non-custodial offenders
8. Committal or remand into the custody of the Commissioner
9. Lawful custody and unlawful absence
10. Meaning of General Manager

CHAPTER 2--CORRECTIONAL SERVICES ADMINISTRATION

PART 2.1--CORRECTIONAL SERVICES ESTABLISHMENTS

11. Correctional services establishments
12. Correctional centres
13. Police custody centres
14. Court custody centres
15. Community correctional facilities

PART 2.2--CORRECTIONAL SERVICES OFFICERS

Division 1--General

16. Correctional services officers

Division 2--Commissioner of Correctional Services

17. Commissioner of Correctional Services
18. Functions of Commissioner
19. Powers of Commissioner
20. Delegation

Division 3--Other correctional services officers

21. General Managers of correctional centres
22. General Managers of police custody centres and court custody centres
23. Regional Managers
24. Correctional officers
25. Probation and parole officers

PART 2.3--OFFICIAL VISITORS

Division 1--Appointment

26. Appointment of official visitors
27. Vacation of office
28. Termination of appointment

Division 2--Visiting

29. Frequency of visits
30. Inquiry and report by official visitor
31. Official visitor not to interfere
32. Minister's guidelines

PART 2.4--GENERAL MATTERS

33. Volunteer functions
34. Volunteers
35. Correctional services dogs
36. Compliance with Commissioner's Directions
37. Alcohol and drug testing of officers and employees

CHAPTER 3--CUSTODIAL CORRECTIONAL FACILITIES

PART 3.1--MANAGEMENT OF PRISONERS

Division 1--Prisoners generally

Subdivision 1--General matters

38. Where prisoners to be held
39. Movement of prisoners
40. Separation of classes of prisoners
41. General Manager may separate prisoner
42. Behaviour generally

Subdivision 2--Prisoner's property

43. Definition
44. Commissioner to determine allowable items
45. Possession of personal items
46. Confiscation of prohibited things, things connected with offence

Subdivision 3--Searches

47. Searches of prisoners
48. Searches involving removal of clothing
49. Intimate searches
50. Conducting an intimate search

Subdivision 4--Testing

51. Alcohol and drug testing of prisoners
52. Buccal swabs
53. Identity confirmation

Subdivision 5--Work

54. Commissioner may direct prisoner to work
55. Payment for work
56. Commercial activity

Subdivision 6--Children

57. Commissioner may permit child to reside with prisoner
58. Child related social security benefits

Subdivision 7--Religion and belief systems

59. Performance of religious practices
60. Religious and spiritual advisors

Subdivision 8--Release

61. Release from custody
62. Early release
63. Transport of prisoner on release

Division 2--Youth

64. Transfer of youth prisoner to youth detention centre
65. Transfer of youth back to custodial correctional facility
66. Use of custodial correctional facility to accommodate youth detainee
67. Sentence continues to run

Division 3--Misconduct

68. Definitions
69. Misconduct
70. Charge of misconduct
71. Proceedings for charge of misconduct
72. Representation of prisoner
73. Decision
74. Prisoner may request review
75. Person to conduct review
76. Decision on review
77. Further review
78. Penalties for misconduct
79. Stay of imposition of penalty pending review
80. Restitution for damage caused by misconduct

Division 4--Health care for prisoners

81. Definitions
82. Commissioner to arrange health care
83. Access to and by health practitioners
84. Access to health information
85. Recommendations of health practitioner
86. Prisoner may be taken to health care facility
87. Arrangements with health care facilities
88. Health care generally to be in Public Health System
89. CEO Health to provide health information on request
90. Birth to be at health care facility
91. Notification of critical illness or injury or death
92. Provision of health care without consent
93. Administration of medication to prevent harm

PART 3.2--VISITS AND COMMUNICATION

Division 1--Visits

94. Definitions
95. Visit by priority visitors
96. Visit by prisoner's legal practitioner
97. Other visitors
98. Commissioner may prohibit visits
99. General Manager may refuse entry
100. Person may be directed to leave custodial correctional facility
101. Correctional officer may prevent entry or remove person
102. Observation and recording visits

Division 2--Telephone calls

103. Definitions
104. Prisoner may make telephone calls
105. Monitoring of telephone calls

Division 3--Mail

106. Prisoner may send and receive mail
107. Searches of mail
108. Disclosure of information to correctional officers

PART 3.3--LEAVE PERMITS

Division 1--General matters

109. Leave permits
110. Duration of leave permit
111. Conditions on leave permit
112. Effect of leave permit on lawful custody
113. Variation or revocation of leave permit
114. Unlawfully absent prisoner may be returned to place authorised by permit
115. Liability of Territory to maintain prisoner on leave
116. Rules of natural justice do not apply
117. Decisions not reviewable

Division 2--General leave permits

118. Commissioner may issue general leave permit
119. Prisoner employed while on leave

Division 3--Interstate custodial leave permits

120. Definitions
121. Corresponding interstate laws
122. Issue of interstate custodial leave permit
123. Effect of permit
124. Appointment of escorts
125. Variation or revocation of permit
126. Notice to participating States and transit States
127. Failure to comply with conditions of interstate custodial leave permit
128. Effect of permit issued under corresponding law
129. Escape from custody of interstate prisoner

Division 4--Foreign legal matters leave permit

130. Commissioner may issue foreign legal matters leave permit

Division 5--Administrative home detention permits

131. Definition
132. Commissioner may issue permits
133. Circumstances in which permit may be issued
134. Duration of permit
135. Compulsory conditions on permit
136. Non-custodial offender provisions apply

PART 3.4--MAINTAINING SECURITY AND GOOD ORDER -- USE OF FORCE

137. Correctional officer to maintain security and good order
138. Limitations of use of force
139. Firearms and other weapons
140. Commissioner to manage use of force
141. Arrest of unlawfully absent prisoner

PART 3.5--GENERAL MATTERS ABOUT CUSTODIAL CORRECTIONAL FACILITIES

Division 1--Matters relating to people and things at custodial correctional facility

142. Name and address to be provided
143. Proof of identity
144. Search of persons at facility
145. Alcohol and drug testing of persons at facility
146. Correctional officer may prevent entry or remove person
147. Search of vehicles
148. Search of custodial correctional facility
149. Person loitering may be directed to leave vicinity
150. Arrest of person suspected of offence

Division 2--Searches, confiscation and confiscated things

151. Definitions
152. Conduct of searches – use of devices and dogs
153. Confiscation of protected/legal items
154. Inspection of purported protected/legal items
155. General Manager to deal with inspected items
156. Nomination of nominated examiners
157. Dealing with confiscated things
158. Dealing with seized things
159. Disclosure of information about unlawful or improper conduct

Division 3--Administrative matters

160. General Manager may declare things to be prohibited
161. Commissioner to maintain trust accounts
162. Commissioner may charge fees
163. Use of custodial correctional facilities to accommodate sheriff's detainees
164. Act etc. to be made available

CHAPTER 4--NON-CUSTODIAL OFFENDERS AND COMMUNITY CORRECTIONAL FACILITIESNOTES FOR CHAPTER

PART 4.1--NON-CUSTODIAL OFFENDERS

165. Definitions
166. Non-custodial orders
167. Approval of rehabilitation programs and work
168. Approval of monitoring devices
169. Direction by probation and parole officer
170. Commissioner may direct use of monitoring device
171. Compliance with monitoring order
172. Alcohol and drug testing

PART 4.2--COMMUNITY CORRECTIONAL FACILITIES

173. Name and address to be provided
174. Proof of identity

CHAPTER 5--GENERAL MATTERS

PART 5.1--OFFENCES

Division 1--Offences relating to prisoners

175. Possession of things by prisoners
176. Nothing to pass to or from prisoner
177. Leaving things for prisoner
178. Communicating with prisoner

Division 2--Offences relating to custodial correctional facility

179. Entering custodial correctional facility without authority
180. Person directed to leave custodial correctional facility
181. Person loitering in vicinity of custodial correctional facility
182. Possession of things at custodial correctional facility
183. Removal of property from a custodial correctional facility
184. Unauthorised photograph or recording
185. Failure to provide name and address

Division 3--Administration related offences

186. Falsely representing to be correctional services officer
187. Obstruction of correctional services officer
188. Misleading information
189. Confidentiality of information

Division 4--Miscellaneous offences

190. Failure to provide name and address at community correctional facility
191. Tampering with samples for alcohol/drug tests
192. Name change by prisoner or parolee
193. Harming correctional services dog

PART 5.2--MISCELLANEOUS MATTERS

Division 1--Administrative matters

194. Approvals for identification systems
195. Alcohol and drug testing
196. Criminal history to be provided
197. Records to be kept
198. Damage to property – cost recoverable by Territory

Division 2--Legal matters

199. Protection from liability
200. Prosecutions
201. Evidentiary matters in relation to prescribed alcohol/drug tests
202. Civil proceedings
203. Acquisition on just terms

Division 3--Miscellaneous matters

204. Training in relation to dangerous drugs
205. Commissioner's Directions
206. Approved forms
207. Regulations

CHAPTER 6--REPEALS AND TRANSITIONAL PROVISIONS

PART 6.1--REPEAL

208. Repeal

PART 6.2--TRANSITIONAL PROVISIONS FOR CORRECTIONAL SERVICES ACT 2014

209. Definitions
210. Custodial correctional facilities
211. Correctional services officers
212. Official visitors
213. Misconduct – existing charges
214. Misconduct – prior conduct may be charged under this Act
215. Leave
216. Prisoner's trust accounts
217. Commissioner's Directions
218. Regulations
219. Other statutory instruments
220. Continuation of ongoing things
221. Court orders, warrants of commitment
222. Definition of prisoner
223. Confidentiality of information
224. Transitional regulations
SCHEDULE

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