Queensland: Corrective Services Act 2006 (Qld)

Corrective Services Act 2006 An Act to provide for corrective services, and for other purposes Chapter 1 Preliminary 1 Short title This Act may be cited as the Corrective Services Act 2006. 2 Commencement (1) Chapter 7, part 8 commences on the date of assent. (2) The remaining provisions of this Act commence on a day to be fixed by proclamation. 3 Purpose (1) The purpose of corrective services is community safety and crime prevention through the humane containment, supervision and rehabilitation of offenders. (2) This Act recognises that every member of society has certain basic human entitlements, and that, for this reason, an offender's entitlements, other than those that are necessarily diminished because of imprisonment or another court sentence, should be safeguarded. (3) This Act also recognises— (a) the need to respect an offender's dignity; and (b) the special needs of some offenders by taking into account— (i) an offender's age, sex or cultural background; and (ii) any disability an offender has. 4 Definitions The dictionary in schedule 4 defines particular words used in this Act. 5 References to prisoner and corrective services facility In a provision of this Act about a prisoner, a reference to a corrective services facility is a reference to the corrective services facility in which the prisoner is detained. 5A Relationship with Human Rights Act 2019 (1) This section applies to the chief executive's or a corrective services officer's consideration of— (a) the Human Rights Act 2019, section 30(2) in relation to a prisoner admitted to a corrective services facility for detention on remand or a prisoner detained without charge; or (b) the Human Rights Act 2019, section 30 in relation to managing a prisoner in a corrective services facility where it is not practicable for the prisoner to be provided with the prisoner's own room under section 18. (2) To remove any doubt, it is declared that the chief executive or officer does not contravene the Human Rights Act 2019, section 58(1) only because the chief executive's or officer's consideration takes into account— (a) the security and good management of corrective services facilities; or (b) the safe custody and welfare of all prisoners. Chapter 2 Prisoners Part 1 Custody and admission of prisoners 6 Where a person is to be detained (1) A person sentenced to a period of imprisonment, or required by law to be detained for a period, must be detained for the period in a corrective services facility. (2) However— (a) if the period is 21 days or less—the person may be detained in a watch house for part or all of the period; or (b) if the period is more than 21 days—the person may be detained in a watch house until the person can be conveniently taken to a corrective services facility. (3) This section applies subject to— (a) the provisions of this Act that allow a prisoner to be lawfully outside a corrective services facility; and (b) the Criminal Code; and (c) the Youth Justice Act 1992; and (d) the Mental Health Act 2016; and (e) the Parliament of Queensland Act 2001, section 40(4)(a). Note— The Parliament of Queensland Act 2001, section 40 deals with proceedings for punishment by the Legislative Assembly for contempt. 7 When a person is taken to be in the chief executive's custody (1) If a person sentenced to a period of imprisonment or required by law to be detained for a period is, while being taken to a corrective services facility for detention, under the control of a corrective services officer, the person is taken to be in the chief executive's custody. (2) When admitted to a corrective services facility for detention, a person is taken to be in the chief executive's custody. (3) Subsections (1) and (2) apply despite the provisions of a warrant committing the person into someone else's custody. (4) Except for any time when the person is lawfully in another person's custody, the person remains in the chief executive's custody until discharged, even if the person is lawfully outside a corrective services facility. Example of when a person is lawfully in another person's custody— while the person is in the custody of a police or prison officer as mentioned in the Mutual Assistance in Criminal Matters Act 1987 (Cwlth), section 26 Examples of when a person is lawfully outside a corrective services facility— • while the person is released on parole • while the person is being transferred between corrective services facilities or is attending court • while the person is on health leave (5) In a warrant committing a person to a corrective services facility, or requiring a prisoner to be produced to the keeper or officer in charge of a corrective services facility, a reference to the keeper or officer in charge of the facility is a reference to the chief executive. (6) The chief executive is taken to have custody of a person even if the person is in the physical custody of, or being supervised by, an engaged service provider. 8 When a person is taken to be in the commissioner's custody (1) If a person sentenced to a period of imprisonment or required by law to be detained for a period is, while being taken to a corrective services facility for detention, under the control of a police officer, the person is taken to be in the commissioner's custody. (2) When admitted to a watch house for detention, a person is taken to be in the commissioner's custody, even if the person is lawfully outside the watch house, until the person— (a) is discharged; or (b) is lawfully given into another person's custody. (3) Subsections (1) and (2) apply despite the provisions of a warrant, record or order committing the person into someone else's custody. 9 Authority for admission to corrective services facility (1) A person (the detainee) must not be admitted to and detained in a corrective services facility unless the person responsible for admitting prisoners at the facility is given— (a) a warrant for the detainee's detention; or (b) a verdict and judgment record under the Criminal Practice Rules 1999 containing the name of the detainee and particulars of the judgment pronounced on the detainee; or (c) a record, under the Penalties and Sentences Act 1992, of the order committing the detainee into custody. (2) Despite the provisions of a warrant, record or order committing a person to a specified corrective services facility or to a watch house, the person may be taken to and detained in a corrective services facility specified by the chief executive. 10 Record of prisoner's details (1) The chief executive must establish a record containing each prisoner's details, including details about the identification of the prisoner. (2) For the identification of a prisoner, a corrective services officer may collect and store the prisoner's biometric information, including by way of a biometric identification system. (3) The prisoner's biometric information, and any data about the biometric information stored in a biometric identification system, must be destroyed if— (a) the prisoner is found not guilty of the offence for which the prisoner is being detained, other than on the ground of unsoundness of mind; or (b) proceedings for the offence for which the prisoner is being detained are discontinued or dismissed. (4) However, the prisoner's biometric information, and any data about the biometric information stored in a biometric identification system, must not be destroyed if, for any part of the period of detention for the offence, the prisoner was also being detained for another offence— (a) of which the prisoner has been convicted; or (b) for which proceedings have not been discontinued or dismissed. (5) In this section— prisoner includes a person subject to a community based order. 11 Prisoner to be informed of entitlements and duties (1) When a prisoner is admitted to a corrective services facility for detention, the chief executive must inform the prisoner about— (a) the prisoner's entitlements and duties under this Act; and (b) the administrative directions and procedures relevant to the prisoner's entitlements and duties. (2) If the prisoner is illiterate or does not understand English, the chief executive must take reasonable steps to ensure the prisoner understands the things mentioned in subsection (1). (3) The chief executive— (a) must make a copy of this Act available to all prisoners; and (b) may make a copy of other legislation available to a prisoner. 12 Prisoner security classification (1) When a prisoner is admitted to a corrective services facility for detention, the chief executive must classify the prisoner into a security classification of low or high. (2) However, when a prisoner is admitted to a corrective services facility for detention on remand for an offence and is not serving a term of imprisonment for another offence, the prisoner must only be classified into a security classification of high. (3) In addition to classifying a prisoner under subsection (1), the chief executive may also classify the prisoner into 1 or more of the risk sub-categories prescribed by regulation. (4) When deciding a prisoner's security classification, the chief executive must have regard to each of the following— (a) the nature of the offence for which the prisoner has been charged or convicted; (b) the risk of the prisoner escaping, or attempting to escape, from custody; (c) the risk of the prisoner committing a further offence and the impact the commission of the further offence is likely to have on the community; (d) the risk the prisoner poses of self harming, harming other prisoners and staff members and to the security of the corrective services facility; (e) the length of time remaining to be served by the prisoner under a sentence imposed by a court; (f) information about the prisoner, if any, received from a law enforcement agency. (5) Also, the chief executive may have regard to any matter that is relevant to— (a) the welfare or safe custody of the prisoner or other prisoners; or (b) the security or good order of the corrective services facility. (6) If the chief executive classifies a prisoner into a security classification of high, the prisoner must be detained in a secure facility. (7) If the chief executive classifies a prisoner into a security classification of low, the prisoner may be detained in a low custody facility. (8) In this section— low custody facility means— (a) a prison, other than a secure facility; or (b) a community corrections centre; or (c) a work camp. 13 Reviewing prisoner's security classification (1) The chief executive may review a prisoner's security classification at any time, including the risk sub-category for the prisoner. Example— The chief executive may review a prisoner's security classification if the prisoner's behaviour deteriorates or improves. (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). 14 Changing prisoner's security classification The chief executive may change a prisoner's security classification after reviewing it under section 13. 15 Notice of decision about prisoner's security classification following review (1) After reviewing a prisoner's security classification, the chief executive must give the prisoner an information notice about the chief executive's decision following the review. (2) If the chief executive increased the prisoner's security classification, the information notice must include a statement that if the prisoner is dissatisfied with the decision, the prisoner may ask the chief executive to reconsider the decision by notice given to the chief executive within 7 days after the information notice is given to the prisoner. (3) The Acts Interpretation Act 1954, section 27B does not apply to an information notice given under this section. 16 Reconsidering decision to change prisoner's security classification (1) This section applies if— (a) the chief executive increases a prisoner's security classification; and (b) the prisoner is dissatisfied with the decision. (2) Within 7 days after the information notice about the decision is given to the prisoner, the prisoner may, by written notice given to the chief executive, ask the chief executive to reconsider the decision. (3) The chief executive must reconsider the decision and may confirm, amend or cancel the decision. (4) After reconsidering the decision, the chief executive must give the prisoner an information notice about the reconsidered decision. 17 Application of Judicial Review Act 1991 to decisions about prisoner security classification (1) The Judicial Review Act 1991, parts 3, 4 and 5, other than section 41(1), do not apply to a decision made, or purportedly made, under section 12, 13, 14 or 16 about a prisoner's security classification. Note— The Judicial Review Act 1991, part 3 deals with statutory orders of review, part 4 deals with reasons for decisions and part 5 deals with prerogative orders and injunctions. (2) In this section— decision includes a decision affected by jurisdictional error. 18 Accommodation Whenever practicable, each prisoner in a corrective services facility must be provided with a room that is not shared with any other prisoner. Part 1A Prisoners from Norfolk Island 18A Definitions for part In this part— constable means a constable as defined under the Removal of Prisoners Act 2004 (Norfolk Island), section 3(1), other than a person mentioned in paragraph (b) of that definition. Norfolk Island court means a court under the Removal of Prisoners Act 2004 (Norfolk Island). Norfolk Island magistrate means a Magistrate of the Territory under the Norfolk Island Act 1979 (Cwlth). Norfolk Island prisoner see section 18B. Norfolk Island warrant means a warrant issued under the Removal of Prisoners Act 2004 (Norfolk Island). order, in relation to a Norfolk Island court or Norfolk Island magistrate— (a) means an order under the Removal of Prisoners Act 2004 (Norfolk Island); and (b) includes a warrant mentioned in the Removal of Prisoners Act 2004 (Norfolk Island), section 3(3) issued by the court or magistrate. 18B Meaning of Norfolk Island prisoner (1) A Norfolk Island prisoner is a person who is liable to undergo imprisonment or other detention in custody in Queensland under a law in force in Norfolk Island. (2) However, a Norfolk Island prisoner does not include a person who is the subject of a direction under the Removal of Prisoners Act 2004 (Norfolk Island), section 9. 18C Custody and detention of Norfolk Island prisoners (1) A constable who has a Norfolk Island prisoner in custody under a Norfolk Island warrant is authorised to have custody of, and deal with, the Norfolk Island prisoner in Queensland under the warrant. (2) A corrective services officer may, under a Norfolk Island warrant— (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. 18D Application of Act to Norfolk Island prisoners (1) This Act applies in relation to a Norfolk Island prisoner who is in the chief executive's custody under section 18C— (a) as if the order or sentence of the Norfolk Island court or Norfolk Island magistrate under which the Norfolk Island prisoner is liable to undergo imprisonment or other detention were made or imposed by a court of the State under a law of the State; and (b) subject to subsection (2) and a regulation made under subsection (3). (2) Chapter 5 does not apply in relation to the Norfolk Island prisoner unless a regulation under subsection (3) provides otherwise. (3) A regulation may provide that a provision of this Act, other than a provision of this part— (a) does, or does not, apply to the Norfolk Island prisoner; or (b) applies to the Norfolk Island prisoner as modified by the regulation. (4) A regulation under subsection (3) must declare it is made under that subsection. (5) However, the application of this Act to the Norfolk Island prisoner— (a) applies subject to— (i) the Removal of Prisoners Act 2004 (Norfolk Island); and (ii) the Sentencing Act 2007 (Norfolk Island); and (b) stops having effect if the Norfolk Island prisoner is discharged, or delivered into the custody of a constable under a Norfolk Island warrant. 18E Provision relating to parole for Norfolk Island prisoners (1) This section applies if, under a regulation made under section 18D(3), all or a part of chapter 5 (with or without modification) applies to a Norfolk Island prisoner who is in the chief executive's custody under section 18C. (2) The parole board has the functions of a Board under the Sentencing Act 2007 (Norfolk Island) in relation to the Norfolk Island prisoner. (3) The parole board is not required to perform a function in relation to a Norfolk Island prisoner who is released on parole in Norfolk Island and is not in the State, unless the parole board is required to perform the function under an arrangement made with the Commonwealth under the Norfolk Island Act 1979 (Cwlth), section 18C. 18F Producing Norfolk Island prisoners before Norfolk Island court at place in Queensland (1) The section applies if a Norfolk Island court, by order or a notice given to the chief executive, requires a Norfolk Island prisoner who is detained in a corrective services facility under a Norfolk Island warrant to be produced before a Norfolk Island court at a stated place in Queensland, at a stated time and for a stated purpose. (2) The chief executive must produce the Norfolk Island prisoner at the place and time, and for the purpose, stated in the order or notice of the Norfolk Island court. (3) If the order or notice of the Norfolk Island court requires the Norfolk Island prisoner to be transferred to a Norfolk Island court at a place in Queensland, the transfer of the Norfolk Island prisoner to the Norfolk Island court must be authorised by an order of the chief executive. (4) This section does not limit the application of section 69, as applying under section 18D, in relation to a Norfolk Island prisoner. 18G Return of Norfolk Island prisoners to Norfolk Island (1) This section applies if a constable gives the chief executive a Norfolk Island warrant or a copy of a Norfolk Island warrant requiring— (a) the delivery of a Norfolk Island prisoner who is detained in a corrective services facility under another Norfolk Island warrant into the custody of the constable; and (b) the constable to convey the Norfolk Island prisoner in custody to Norfolk Island. (2) The chief executive must deliver the Norfolk Island prisoner into the custody of the constable. (3) The delivery of the Norfolk Island prisoner into the custody of the constable must be authorised by an order of the chief executive. 18H Early discharge or release not prevented Nothing in this part prevents the early discharge or release of a Norfolk Island prisoner under a law of the Commonwealth or a law in force in Norfolk Island. 18I Particular Acts do not apply to Norfolk Island prisoners in chief executive's custody (1) This section applies in relation to a Norfolk Island prisoner who is in the chief executive's custody under section 18C. (2) The following Acts do not apply to the Norfolk Island prisoner even though the Norfolk Island prisoner is in the chief executive's custody— (a) the Dangerous Prisoners (Sexual Offenders) Act 2003; (b) another Act prescribed by regulation that would otherwise apply to the Norfolk Island prisoner because the Norfolk Island prisoner is in the chief executive's custody. (3) A regulation under subsection (2)(b)— (a) must declare it is made under that subsection; and (b) may be made in the same instrument as a regulation made under section 18D(3). 18J Evidentiary aid for Norfolk Island prisoners (1) In a proceeding under an Act, a document purporting to be a Norfolk Island warrant or a copy of a Norfolk Island warrant and to be signed by an authorised person is evidence of the matters stated in the document. (2) In this section— authorised person has the meaning given by the Removal of Prisoners Act 2004 (Norfolk Island). Part 2 Management of prisoners Division 1 Management of prisoners generally 19 Effect of prisoner's security classification The chief executive may make different arrangements for the management of prisoners with different security classifications, including prisoners with the same security classification but with different risk sub-categories. 20 Directions to prisoner (1) A corrective services officer may give a prisoner a direction the officer reasonably believes is necessary— (a) for the welfare or safe custody of the prisoner or other prisoners; or (b) for the security or good order of a corrective services facility; or (c) to ensure compliance with an order given or applying to the prisoner; or Example of order for paragraph (c)— an order given under division 3 for the searching of the prisoner (d) to ensure a prisoner attends a place to enable a DNA sampler to take a DNA sample from a prisoner under the Police Powers and Responsibilities Act 2000, chapter 17, part 5; or (e) to ensure the prisoner or another prisoner does not commit an offence or a breach of discipline. (2) Directions under this section may be given in writing or orally, and may apply generally or be limited in their application. 21 Medical examination or treatment (1) If it is reasonably practicable in the circumstances, before a health practitioner carries out a medical examination or treatment of a prisoner, the health practitioner must tell the prisoner the following— (a) the health practitioner considers the prisoner requires the medical examination or treatment; (b) the health practitioner's reasons for requiring the examination or treatment; (c) what the examination or treatment will involve. (2) A prisoner must submit to an examination by a health practitioner if the chief executive orders the examination to decide— (a) the prisoner's security classification; or (b) where to place the prisoner; or (c) whether to transfer the prisoner to another place; or (d) the prisoner's suitability to participate in an approved activity, course or program; or (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. 22 Private medical examination or treatment (1) Subject to subsection (2), a prisoner in a corrective services facility may apply in writing to the chief executive for approval to be examined or treated by a health practitioner nominated by the prisoner. (2) A prisoner in a corrective services facility can not— (a) participate in assisted reproductive technology; or (b) apply for the chief executive's approval to participate in assisted reproductive technology. (3) The chief executive may give the approval mentioned in subsection (1) if satisfied— (a) the application for the approval is not— (i) frivolous or vexatious; or (ii) for an examination or treatment for participating in assisted reproductive technology; and (b) the prisoner is able to pay for the examination or treatment and associated costs; and (c) the health practitioner nominated by the prisoner is willing and available to carry out the examination or treatment of the prisoner. (4) The prisoner must pay for the examination or treatment and associated costs. (5) The chief executive must consider, but is not bound by, any report or recommendation made by the nominated health practitioner. 23 Dangerously ill prisoner If the chief executive, on the advice of a health practitioner, considers a prisoner in a corrective services facility to be dangerously ill or seriously injured, the chief executive must immediately notify each of the following that the prisoner is either dangerously ill or seriously injured— (a) the person nominated by the prisoner as the prisoner's contact person; (b) a religious visitor; (c) for an Aboriginal or Torres Strait Islander prisoner— (i) an Aboriginal or Torres Strait Islander legal service representing Aboriginal or Torres Strait Islander persons in the area in which the facility is located; and (ii) if practicable, an elder, respected person or indigenous spiritual healer who is relevant to the prisoner. 24 Death of prisoner (1) After a prisoner dies, the chief executive must notify each of the following that the prisoner has died— (a) if the corrective services facility is a prison—a health practitioner; (b) the police officer in charge of the police station nearest to the place where the prisoner died; (c) the person nominated by the prisoner as the prisoner's contact person; (d) a religious visitor; (e) for an Aboriginal or Torres Strait Islander prisoner— (i) an Aboriginal or Torres Strait Islander legal service representing Aboriginal or Torres Strait Islander persons in the area in which the prisoner died; and (ii) if practicable, an elder, respected person or indigenous spiritual healer who was relevant to the prisoner. (2) The chief executive must keep records, prescribed under a regulation, of the prisoner's death. (3) In this section— prisoner includes a person who, immediately before the person's death, was a prisoner, but does not include a prisoner released on parole. 25 Registration of birth (1) If, when a child is born, a parent of the child is a prisoner, the birth certificate for the child must not— (a) state that fact; or (b) contain any information from which that fact can reasonably be inferred. (2) If the showing of an address that is required by the Births, Deaths and Marriages Registration Act 2023 to be shown would contravene subsection (1)(a), the address must be shown as the city or town in which, or nearest to which, the address is situated. 26 Marriage (1) A person in the chief executive's custody must give the chief executive written notice before lodging a notice of intention to marry under the Marriage Act 1961 (Cwlth). Maximum penalty—20 penalty units. (2) A prisoner may be married in a corrective services facility only with the chief executive's approval and the marriage must be conducted in the way decided by the chief executive. 26A Civil partnerships (1) A person in the chief executive's custody must give the chief executive written notice before— (a) applying under the Civil Partnerships Act 2011, section 7 for registration of a relationship as a civil partnership; or (b) giving a notice of intention to enter into a civil partnership under the Civil Partnerships Act 2011, section 10. Maximum penalty—20 penalty units. (2) A prisoner may make a declaration of civil partnership under the Civil Partnerships Act 2011, section 11 in a corrective services facility only with the chief executive's approval. (3) The making of the declaration must be conducted in the way decided by the chief executive. 27 Change of name (1) A person in the chief executive's custody must obtain the chief executive's written permission before applying to change the person's name under— (a) the Births, Deaths and Marriages Registration Act 2023; or (b) an equivalent law of another State providing for the registration of a change to the person's name. Maximum penalty—20 penalty units or 6 months imprisonment. (2) In deciding whether to give the permission, the chief executive must consider each of the following— (a) whether the proposed name change poses a risk to the good order or security of a corrective services facility; (b) the safety and welfare of the person and other persons; (c) whether the chief executive reasonably believes the proposed name change could be used to further an unlawful activity or purpose; (d) whether the proposed change of name could be considered offensive to, or cause physical, mental or emotional harm to, a victim of a crime or an immediate family member of a deceased victim of a crime. (3) Subsection (4) applies if the chief executive becomes aware that a person in the chief executive's custody has failed to comply with subsection (1)(a) in registering a change of the person's name under the Births, Deaths and Marriages Registration Act 2023. (4) The chief executive may apply to the registrar under the Births, Deaths and Marriages Registration Act 2023 for the cancellation of the registration. 27AA Alteration of record of sex and recognised details certificate (1) A person in the chief executive's custody, other than a person released on parole, must obtain the chief executive's written permission before applying— (a) to alter the record of sex of the person in the relevant child register under the Births, Deaths and Marriages Registration Act 2023; or (b) for a recognised details certificate for the person under the Births, Deaths and Marriages Registration Act 2023; or (c) to alter the record of sex of the person under an equivalent law of another State providing for the alteration of the record of sex of the person; or (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. 27AB Written permission does not limit chief executive's powers The fact that the chief executive gives written permission for a person in the chief executive's custody, other than a person released on parole, to make an application mentioned in section 27AA(1) does not limit the powers of the chief executive under this Act or another Act in relation to the custody of the person. Examples of powers of the chief executive under this Act— • the power of the chief executive under section 9(2) to require that a person be taken to and detained in a corrective services facility specified by the chief executive • the power of the chief executive under section 68(1) to order the transfer of a prisoner from a corrective services facility • the general powers of the chief executive under section 263 Division 1A Carrying on business or dealing in artwork 27A Definitions for div 1A In this division— possession, of a prisoner's artwork, means— (a) custody or control of it; or (b) the ability or right to obtain custody or control of it. prisoner's artwork means any visual art, performing art or literature made or produced by a prisoner while the prisoner is in a corrective services facility. 28 Carrying on a business (1) Subject to subsections (2) to (4), a prisoner who has been sentenced, whether before or after the commencement of this section, to a period of imprisonment must not carry on, or participate in the carrying on of, a business while the prisoner is in a corrective services facility. Example— the painting of artwork to be sold on the internet by the prisoner or by a corporation in whose management the prisoner participates including, for example, as a director Maximum penalty—100 penalty units. (2) Subsections (3) and (4) apply to a person who is carrying on, or participating in the carrying on of, a business when the person is sentenced to a period of imprisonment (the pre-sentence business). (3) The person must, within 21 days after being sentenced— (a) stop carrying on the pre-sentence business; or (b) stop participating in the carrying on of the pre-sentence business. Maximum penalty—100 penalty units. (4) Subsection (1) does not apply to the person in relation to the pre-sentence business until the end of the 21 days mentioned in subsection (3). 28A Restriction on prisoner dealing with prisoner's artwork (1) While a prisoner is in a corrective services facility, the prisoner must not sell, give, give possession of, or otherwise dispose of the prisoner's artwork, unless allowed to do so under section 28B, 28C or 28D. Maximum penalty—40 penalty units. (2) Subsection (1) does not prevent a prisoner abandoning or destroying the artwork. 28B Giving prisoner's artwork to a person as a gift (1) A prisoner may— (a) with the chief executive's written approval, give a particular item of the prisoner's artwork to a person as a gift; or (b) donate 1 or more items of the prisoner's artwork to the State. (2) For deciding whether to give an approval under subsection (1)(a), the chief executive must consider all of the following— (a) the chief executive's estimated value of the artwork; (b) the person to whom the artwork is proposed to be given; (c) the prisoner's stated purpose for making the gift; (d) the number of previous gifts of artwork made by the prisoner, whether or not to the same person; (e) any other matter the chief executive considers relevant. 28C Giving prisoner's artwork to a person to hold on the prisoner's behalf (1) A prisoner may, with the chief executive's written approval, give the prisoner's artwork to a person other than the State to hold on the prisoner's behalf. (2) Also, a prisoner may, if the chief executive agrees, give the prisoner's artwork to the State to hold on the prisoner's behalf. 28D Giving prisoner's artwork to the State for disposal as agreed The prisoner may give the prisoner's artwork to the State for the purpose of the State's disposing of the artwork as agreed with the prisoner. 28E No consideration to be paid for holding prisoner's artwork under s 28C The prisoner must not ask for, or accept, consideration for— (a) giving the artwork to a person to hold under section 28C; or (b) delivering the artwork to a person to hold under section 28C. Maximum penalty—40 penalty units. 28F Person holding prisoner's artwork for prisoner (1) A person, other than the State, holding prisoner's artwork on behalf of a prisoner must not sell, give, give possession of, or otherwise dispose of the prisoner's artwork, unless allowed to do so under subsection (2), (3) or (4). Maximum penalty—40 penalty units. (2) The person may give the artwork— (a) to the prisoner, if the prisoner is discharged or released from custody; or (b) to someone else to hold on the prisoner's behalf, if the prisoner consents. (3) If the person tells the prisoner that the person no longer wishes to hold the artwork on behalf of the prisoner— (a) the person may give the artwork— (i) to another person authorised by the prisoner to hold the artwork on the prisoner's behalf; or (ii) to a person authorised by the prisoner to collect the artwork for delivery to another person to hold on the prisoner's behalf; or (b) if— (i) the prisoner has not been discharged or released from custody; and (ii) the person has not received authority from the prisoner to deal with the artwork under paragraph (a) within 1 month after telling the prisoner the person no longer wishes to hold the artwork on behalf of the prisoner; the person may give the artwork to the chief executive. (4) The person may dispose of the artwork if all of the following apply— (a) the prisoner is discharged or released from custody; (b) the recipient makes reasonable efforts to locate the prisoner and ask the prisoner to collect, or arrange for the collection of, the artwork; (c) the artwork is not collected by or for the prisoner within 6 months after the prisoner's discharge or release from custody. (5) The person must not ask for, or accept, consideration for— (a) giving the artwork to someone else to hold on the prisoner's behalf; or (b) giving the artwork to a person for delivery to another person to hold on the prisoner's behalf. Maximum penalty for subsection (5)—40 penalty units. 28G Prisoner and not the State has responsibility for collecting artwork held on behalf of the prisoner (1) The prisoner, and not the State, is responsible for collecting, or arranging for the collection of, the artwork from a person holding the artwork on the prisoner's behalf if— (a) the prisoner is discharged or released from custody; or (b) the person tells the prisoner that the person no longer wishes to hold the artwork on the prisoner's behalf. (2) If the chief executive incurs expense in dealing with the artwork under section 28F(3)(b), the chief executive may recover the expense from the prisoner. 28H Limited liability of persons holding artwork on behalf of prisoner (1) If the prisoner gives the artwork to a person under section 28C, the person is not liable for— (a) loss of the artwork; or (b) damage to the artwork, other than deliberate damage to it by the person. (2) If the prisoner gives the artwork to the State under section 28D, the State is not liable for loss of, or damage to, the artwork while it is in the State's possession. Division 2 Children accommodated with female prisoners 29 Application for accommodation of child with female prisoner (1) This section applies if a female prisoner— (a) gives birth to a child during her period of imprisonment; or (b) has custody of a child— (i) of whom the prisoner is the mother; or (ii) the subject of a court order requiring the child to live with the prisoner, whether or not the prisoner is the child's mother. (2) On admission to the corrective services facility, the prisoner must be informed that— (a) the prisoner, or the child protection chief executive, may apply to the chief executive to have the child accommodated with the prisoner; and (b) if the prisoner, or the child protection chief executive, applies and the application is successful, the prisoner will have primary responsibility for the child's care and safety, including all costs associated with the care. (3) The following persons may apply, in the approved form, to the chief executive to have the child accommodated with the prisoner in the corrective services facility— (a) the prisoner; (b) the child protection chief executive. (4) In this section— costs associated, with the care of a child, includes the cost of nappies and baby goods for the child, but does not include the cost of food and drink for the child. 30 Deciding application (1) The chief executive may grant an application to have a child accommodated with a prisoner in a corrective services facility if— (a) the chief executive decides there is suitable accommodation in the facility for the child; and (b) either— (i) the child is not eligible to start primary school; or (ii) each of the following apply— (A) the child is eligible to start primary school; (B) the prisoner is in a community corrections centre; (C) the application is only for periods during school holidays or on weekends; and (c) the child is immunised in accordance with a national immunisation program or the recommendations of a health practitioner treating the child in the corrective services facility; and (d) the child is not subject to a court order requiring the child to live with someone else; and (e) for a child in care—the child protection chief executive has consented to the child being accommodated with the prisoner; and (f) the chief executive is satisfied it is in the child's best interests. (2) In deciding what is in the child's best interests, the chief executive may consider each of the following— (a) the child's— (i) age and sex; and (ii) cultural background; and (iii) mental and physical health; (b) the emotional ties between the child and the child's parents; (c) the child's established living pattern, including, for example, the pattern of the child's home, school, community and religious life; (d) if the chief executive is satisfied the child is able to express a view, the child's wishes. 31 Removing child from corrective services facility (1) The chief executive may remove a child being accommodated with a prisoner in a corrective services facility if any of the following apply— (a) a court orders that the child live with another person; (b) the chief executive is satisfied it is in the child's best interests; (c) the prisoner with whom the child is accommodated requests the removal; (d) the child is not a child mentioned in section 30(1)(b)(ii) and becomes eligible to start primary school; (e) the prisoner with whom the child is accommodated is transferred to another corrective services facility and the chief executive decides the accommodation at the other corrective services facility is not suitable for the child; (f) the chief executive is satisfied it is in the interests of the good order and management of the facility. (2) In deciding what is in the child's best interests, the chief executive must consider each of the following— (a) the child's— (i) age and sex; and (ii) mental and physical health; (b) anything else the chief executive considers relevant. (3) Separation of a child from a prisoner with whom the child is accommodated must not be used as a form of discipline against the prisoner. 32 Search of accommodated child (1) The chief executive may require a child accommodated with a female prisoner in a corrective services facility to submit to a general search, scanning search or an imaging search before entering the facility. (2) The chief executive must not require the child to submit to a personal search or a search requiring the removal of clothing. Division 3 Search of prisoners 33 Power to search (1) The chief executive may order a corrective services officer— (a) to conduct a general search, personal search, scanning search or an imaging search of a prisoner; or (b) to search a prisoner's room; or (c) to search prisoner facilities. (2) Also, a corrective services officer may conduct a general search, personal search, scanning search or an imaging search of a prisoner if the officer reasonably suspects the prisoner possesses something that poses, or is likely to pose, a risk to— (a) the security or good order of the corrective services facility; or (b) the safety of persons in the facility. (3) A power under this Act to search a prisoner in any way— (a) includes a power to search anything in the prisoner's possession; and (b) may be exercised at any time, including, for example, on the day on which the prisoner is discharged or released. 34 Personal search of prisoners leaving particular part of corrective services facility The chief executive may order the personal searching of prisoners whenever they leave a part of a corrective services facility stated in the order where prisoners have access to concealable prohibited things. Example of part of a corrective services facility— a kitchen or workshop 35 Search requiring the removal of clothing of prisoners on chief executive's direction (1) The chief executive may give a written direction to a corrective services officer for the carrying out of a search requiring the removal of clothing of prisoners as stated in the direction, including, for example, at the times stated in the direction. (2) The search must be carried out as required under the direction. (3) However, a direction under subsection (1) does not apply to a particular prisoner if the chief executive reasonably considers it unnecessary for the search to be carried out on the prisoner because of the prisoner's exceptional circumstances. Example for subsection (3)— A direction requires a search requiring the removal of clothing of a prisoner to be carried out when a prisoner enters a corrective services facility. A pregnant prisoner returns to the facility from an escorted antenatal visit and the corrective services officer who escorted the prisoner advises that the prisoner had no likely opportunity to obtain a prohibited thing while on the visit. The chief executive may consider it unnecessary for the search to be carried out on the prisoner. (4) A search requiring the removal of clothing under this section may be preceded by another less intrusive search. 36 Search requiring the removal of clothing of prisoners on chief executive's order—generally (1) The chief executive may order a search requiring the removal of clothing of 1 or more prisoners if the chief executive is satisfied the search is necessary for either or both of the following— (a) the security or good order of the corrective services facility; (b) the safe custody and welfare of prisoners at the facility. Example— A knife is missing from the kitchen of a corrective services facility. The chief executive may be satisfied that a search requiring the removal of clothing of each prisoner who worked in the kitchen that day is necessary for the security or good order of the facility or for the safe custody and welfare of prisoners at the facility. (2) A search requiring the removal of clothing under this section may be preceded by another less intrusive search. 37 Search requiring the removal of clothing on reasonable suspicion (1) The chief executive may order a search requiring the removal of clothing of a prisoner if the chief executive reasonably suspects the prisoner has a prohibited thing concealed on the prisoner's person. (2) A search requiring the removal of clothing under this section may be preceded by another less intrusive search. 38 Requirements for search requiring the removal of clothing (1) A search requiring the removal of clothing of a prisoner must be carried out by at least 2 corrective services officers, but by no more officers than are reasonably necessary to carry out the search. (2) Before carrying out the search, one of the corrective services officers must tell the prisoner— (a) that the prisoner will be required to remove the prisoner's clothing during the search; and (b) why it is necessary to remove the clothing. (3) A corrective services officer carrying out the search— (a) must ensure, as far as reasonably practicable, that the way in which the prisoner is searched causes minimal embarrassment to the prisoner; and (b) must take reasonable care to protect the prisoner's dignity; and (c) must carry out the search as quickly as reasonably practicable; and (d) must allow the prisoner to dress as soon as the search is finished. (4) A corrective services officer carrying out the search must, if reasonably practicable, give the prisoner the opportunity to remain partly clothed during the search, including, for example, by allowing the prisoner to dress the prisoner's upper body before being required to remove clothing from the lower part of the body. (5) If a corrective services officer seizes clothing because of the search, the officer must ensure the prisoner is left with, or given, reasonably appropriate clothing. 39 Body search of particular prisoner (1) The chief executive may authorise a health practitioner to conduct a body search of a prisoner if the chief executive reasonably believes— (a) the prisoner has ingested something that may jeopardise the prisoner's health or wellbeing; or (b) the prisoner has a prohibited thing concealed within the prisoner's body that may potentially be used in a way that may pose a risk to the security or good order of the facility; or (c) the search may reveal evidence of the commission of an offence or breach of discipline by the prisoner. (2) Two health practitioners must be present during the body search. (3) If the health practitioner reasonably requires help to conduct the body search, the health practitioner may ask another person to help the health practitioner. (4) The health practitioner may seize anything discovered during the body search if— (a) seizing the thing would not be likely to cause grievous bodily harm to the prisoner; and (b) the health practitioner reasonably believes the thing may be evidence of the commission of an offence or breach of discipline by the prisoner. (5) The health practitioner must give a seized thing to a corrective services officer as soon as practicable after seizing it. 39A Further requirements and procedures for searches (1) A regulation may prescribe further requirements and procedures relating to the carrying out of a search of a prisoner, including a personal search, body search or search requiring the removal of clothing. (2) Without limiting subsection (1), further requirements and procedures may be prescribed for— (a) the effective carrying out of the search; or (b) respecting a prisoner's dignity; or (c) taking into account the special or diverse needs of a prisoner. 40 Register of searches (1) The chief executive must establish a register, for each corrective services facility, recording the details of each search carried out at the facility requiring the removal of clothing, and each body search, of a prisoner. (2) The details must include the following— (a) the reason for the search; (b) the names of the persons present during the search; (c) details of anything seized from the prisoner. (3) The chief executive must make each register available for inspection by an official visitor. 41 Who may be required to give test sample (1) The chief executive may require any of the following persons to give a test sample of the type the chief executive requires— (a) a prisoner; (b) an offender if— (i) the giving of the test sample is required by a parole order or court order; or (ii) for an offender who is released on parole—the chief executive reasonably believes the offender poses a serious and immediate risk of self harm. (2) The chief executive must give the person the results of the final tests conducted on the test sample as soon as practicable after the chief executive receives the results of the final tests. 42 Giving test sample (1) The chief executive or a health practitioner may give a prisoner or an offender mentioned in section 41(1)(b) directions about the way the prisoner or offender must give a test sample. (2) Only a health practitioner may take a sample of blood. (3) A health practitioner, and anyone acting in good faith at the direction of the health practitioner, may use the force that is reasonably necessary to enable the health practitioner to take the test sample. (4) A regulation may prescribe— (a) the number of corrective services officers that must be present when a test sample stated in the regulation is being taken from a prisoner; and (b) how a test sample stated in the regulation, other than a sample of blood, must be taken. 43 Consequences of positive test sample (1) If a prisoner gives a positive test sample— (a) the test result may be considered when assessing the prisoner's security classification; and (b) the prisoner may be required to undertake a medical or behavioural treatment program. (2) Subsection (1) may apply in addition to the prisoner being dealt with for the commission of an offence or a breach of discipline. (3) When acting under subsection (1), the chief executive must take into account the circumstances of the case and the prisoner's needs. (4) A prisoner is taken to have given a positive test sample if the prisoner— (a) refuses to supply the test sample; or (b) fails to supply the test sample within a reasonable time, unless the prisoner has a reasonable excuse; or Example of a reasonable excuse— a medical condition preventing the prisoner from supplying the test sample in the time it might reasonably take another prisoner who does not have the medical condition to supply the sample (c) alters or invalidates, or attempts to alter or invalidate, the results of the test sample; or (d) tampers, or attempts to tamper, with the test sample. Division 4 Mail, phone calls and other communications Subdivision 1 Mail 44 Prisoner's ordinary mail at prisoner's own expense (1) A prisoner must purchase anything required for the prisoner's ordinary mail. (2) However, if the chief executive is satisfied that a prisoner does not have enough money to pay the postage costs, the costs may be paid for by the chief executive. (3) If subsection (2) applies to a prisoner, the prisoner may post a letter not more than twice a week, unless otherwise approved by the chief executive. (4) If a prisoner is participating in an approved activity, course or program that requires the prisoner to send things by mail, the postage costs associated with the prisoner's participation must be paid for by the chief executive. 45 Opening, searching and censoring mail (1) A corrective services officer authorised by the chief executive may open, search and censor a prisoner's ordinary mail. (2) A corrective services officer authorised by the chief executive may, in a prisoner's presence, open and search the prisoner's privileged mail or mail purporting to be privileged mail, if the officer reasonably suspects the mail— (a) contains— (i) something that may physically harm the person to whom it is addressed; or (ii) a prohibited thing; or (b) is not privileged mail. (3) However, a corrective services officer mentioned in subsection (2) must not read a prisoner's privileged mail, other than to establish that it is privileged mail, without the prisoner's written consent. (4) If a corrective services officer reads a prisoner's privileged mail, the officer must not disclose the contents to any person. Maximum penalty—100 penalty units or 2 years imprisonment. (5) Subject to sections 46 to 48, after a prisoner's mail has been searched or censored it must be— (a) for incoming mail—immediately delivered to the prisoner to whom it is addressed; or (b) for outgoing mail—immediately placed into the external mail system. 46 Seizing and otherwise dealing with mail containing information about the commission of an offence (1) If a search of a prisoner's mail reveals information about the