Northern Territory Numbered Acts

CORRECTIONAL SERVICES (RELATED AND CONSEQUENTIAL AMENDMENTS) ACT 2014 (NO 27 OF 2014) - SECT 49

Section 154

repeal, insert

154     Use of custodial correctional facility to temporarily accommodate detainees

    (1)     This section applies if the superintendent of a detention centre considers it necessary to accommodate a detainee at a custodial correctional facility.

Examples for subsection (1)

1     Damage from a natural disaster leads to overcrowding at the detention centre.

2     In order to maintain order at the detention centre.

    (2)     The superintendent of the detention centre may request the Commissioner to accommodate the detainee at a custodial correctional facility for a maximum period of 72 hours.

    (3)     If necessary, the superintendent can apply to a magistrate for an order to extend the maximum period to 10 days.

    (4)     If the Commissioner agrees to accommodate the detainee at a custodial correctional facility, this Act applies:

    (a)     to the detainee as if he or she were a detainee at a detention centre; and

    (b)     to the General Manager of the custodial correctional facility as if he or she were the superintendent of a detention centre; and

    (c)     to the correctional officers employed at the custodial correctional facility as if they were members of the staff of a detention centre.

    (5)     A detainee accommodated in a custodial correctional facility must be kept separate from all prisoners at the facility, including youth prisoners.

    (6)     Unless there is no practical alternative, detainees under the age of 15 years must not be accommodated in a custodial correctional facility.