South Australia: Correctional Services Act 1982 (SA)

South Australia Correctional Services Act 1982 An Act to provide for the establishment and management of prisons and other correctional institutions; to regulate the manner in which persons in correctional institutions are to be treated by those responsible for their detention and care; to provide for certain powers relating to the management of correctional services officers and employees; to provide for drug and alcohol testing of correctional services officers and employees and other persons; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Objects and guiding principles 4 Interpretation 4A Appointment of officers of Department 5 Victims Register 6 Criminal intelligence Part 2—Correctional services Division 1—Administration 7 Power of Minister and CE to delegate 8 Use of volunteers in the administration of this Act 9 CE's annual report Division 3—Visiting Tribunals 17 Establishment of Visiting Tribunals Division 4—Community service administration 17A Establishment of community service centres 17D Insurance cover to be provided by Minister Division 5—Probation hostels 17E Establishment of probation hostels Part 3—Correctional institutions Division 1—Establishment of correctional institutions 18 Governor may proclaim premises to be a prison or police prison 19 Correctional institutions to be under the control of the Minister Division 2—Official visitors 19A Preliminary 19B Review 20 Official visitors 20A Independence 20B Remuneration 20C Staff and resources 20D Functions of official visitors 20E Provision of information to official visitor 20F Requests to contact official visitor 20G Reporting obligations of official visitor 20H Confidentiality of information 20I Offences 20J Conflict of interest Part 4—Imprisonment Division 1—Admission and assignment of prisoners 21A Documentation to be presented upon admission of a prisoner to a correctional institution 22 Assignment of prisoners to particular correctional institutions Division 3—Assessment of prisoners 23 Initial and periodic assessment of prisoners Division 4—Custody of prisoners 24 CE has custody of prisoners Division 5—Transfer and leave of absence of prisoners 25 Transfer of prisoners 26 Prisoner may be temporarily detained in any other prison etc while in transit 27 Leave of absence from prison 27A Interstate leave of absence 28 Removal of prisoner for criminal investigation, attendance in court etc Division 6—Management of prisoners 29 Work by prisoners 30 Prison education 31 Prisoner allowances and other money 32 CE may sell items of personal use to prisoners 32A Prisoner Amenity Account 33 Prisoners' mail 33A Prisoners' goods 34 Prisoners' rights to have visitors 35 Prisoners' rights to access to legal aid and legal services 35AA Assistance to make certain complaints 35A Power to monitor or record prisoner communication 36 Power to keep prisoner apart from other prisoners 36A Restraints to be used on prisoners in certain circumstances 37 Search of prisoners 37AA Drug testing of prisoners Division 6A—Home detention Subdivision 1—Release on home detention by CE 37A Release on home detention 37C Revocation of release Subdivision 2—General 37CA Home detention officers 37D Crown not liable to maintain prisoners on home detention Division 7—Release of prisoners from prison or home detention 38 Release of prisoner from prison or home detention 39 Time of release from prison 39A Delivery of property and money to prisoner on release 39B Manner in which former prisoner's personal property is to be dealt with 39C Certain prohibited items not to be returned to prisoners Part 5—Offences Division 1—Powers of Visiting Tribunals 41 Powers of Visiting Tribunals 42 Immunity from liability of persons who constitute Visiting Tribunals Division 2—Breaches of regulations 42A Minor breach of prison regulations 43 CE may deal with breach of prison regulations 44 CE may refer matter to Visiting Tribunal 45 Procedure at inquiry 46 Appeals against penalty imposed by CE 47 Appeals against orders of Visiting Tribunals 48 Summary Procedure Act does not apply to proceedings under this Division Division 3—Criminal offences 49 Disrupting security or order 49A Possession of certain items by prisoners Division 4—Prisoners at large 50 Effect of prisoner being at large 50A Prisoner must comply with conditions to which temporary leave of absence is subject 51 Offences by persons other than prisoners 52 Power of arrest Part 6—Parole Division 1—The Parole Board 55 Continuation of Parole Board 56 Term of office of members 57 Allowances and expenses 58 Removal from and vacancies of office 59 Deputies 60 Proceedings of the Board 60A Validity of acts of Board 61 Judicial notice of Board documents 62 Appointment of secretary to the Board 63 Powers of the Board 64 Reports by Board Division 3—Release on parole 66 Automatic release on parole for certain prisoners 67 Release on parole by application to Board 68 Conditions of release on parole 68A Board may direct person to surrender firearm etc 69 Duration of parole 71 Variation or revocation of parole conditions 72 Discharge from parole of prisoners other than life prisoners 74 Board may take action for breach of parole conditions 74AAA Board may suspend release on parole or take other action for certain breaches of parole conditions 74AA Board may impose community service for breach of conditions 74A Suspension of parole while serving imprisonment for offence committed before release on parole 74B Suspension of parole if person becomes a terror suspect 75 Automatic cancellation or suspension of parole on imprisonment for offence committed while on parole 76 Apprehension etc of parolees on Board warrant 76A Apprehension etc of parolees on application of CE 76B Arrest of parolee by police officer 77 Proceedings before the Board 77AA Special procedures for terror suspects Division 4—Review of release on parole of certain prisoners Subdivision 1—Preliminary 77A Interpretation Subdivision 2—Parole Administrative Review Commissioner 77B Appointment of Commissioner 77C Acting Commissioner 77D Staff Subdivision 3—Reviews by Commissioner 77E Right of review of Board decision to release life prisoners on parole etc 77F Effect of review proceedings on Board's decision 77G Proceedings to be heard in private 77H Board to assist Commissioner 77I Parties 77J Compulsory conferences for prescribed reviewable decisions 77K Powers and procedures of Commissioner 77L Commissioner to proceed expeditiously Subdivision 4—Other matters 77M Immunity from liability 77N Privilege and public interest immunity not affected 77O Confidentiality of information 77P Proof of decision of Commissioner Part 6A—Management of officers, employees of Department etc 77Q Preliminary 77R Investigative powers of CE 77S Removal and reassignment of duties of officer or employee working in correctional institution Part 7—Prisoner compensation quarantine funds Division 1—Preliminary 78 Interpretation 79 Application Division 2—Award of damages to prisoners 80 Agreements must be approved by court 81 Determination of amounts for medical and legal costs 81A Matters to be considered by court Division 3—Payment of money to prisoner compensation quarantine fund 81B Damages awarded to prisoner to be paid to prisoner compensation quarantine fund 81C Prisoner compensation quarantine funds Division 4—Notice of prisoner compensation quarantine fund 81D Victim may ask to be notified of award of damages to prisoner 81E Notice to victims to be published 81F Applications for information 81G Disclosure of information by CE authorised 81H Confidentiality of information 81I Offence to disclose information 81J Notice to CE by victim 81K Notice to CE by creditors Division 5—Payments out of prisoner compensation quarantine fund 81L Payments out of fund where legal proceedings notified 81M Payments out of fund where notice from creditor received 81N Restriction not to affect payment of administration costs 81O Payments out of fund where no notice given 81P Payments taken to be payments at direction of prisoner 81Q When are legal proceedings finally determined? Division 6—Miscellaneous 81R Offence to provide false or misleading information Part 7A—Drug and alcohol testing scheme 81S Interpretation 81T Drug and alcohol testing of officers and employees 81U Drug and alcohol testing of applicants to Department 81V Drug and alcohol testing of other persons 81W Procedures for drug and alcohol testing 81X Biological samples, test results etc not to be used for other purposes Part 8—Miscellaneous 82 Unauthorised dealings with prisoners prohibited 83 CE may make rules 84 Compliance with the execution of process 85 Execution of warrants 85A Exclusion of persons from correctional institution 85B Power of search and arrest of non-prisoners 85C Confidentiality 85CA Disclosure of health information 85CB Disclosure of information relating to criminal history 85D Release of information to eligible persons 85E Confidentiality of biometric data 86 Prison officers may use reasonable force in certain cases 86AA Prohibition on use of spit hoods 86A Prison officer may carry prescribed weapon 86B Use of correctional services dogs 87 Certain persons may enter and inspect correctional institutions 87A Operation of remotely piloted aircraft 87B Remotely piloted aircraft—special powers 88 Minister may acquire land 88A Summary offences 88B Evidentiary provision 89 Regulations Schedule 1—Application of Truth in Sentencing Act amendments 1 Interpretation 2 Truth in sentencing clarification Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Correctional Services Act 1982. 3—Objects and guiding principles (1) The primary object of this Act is the promotion of community safety. (2) The other objects of this Act are— (a) to provide mechanisms for the establishment and proper administration of correctional institutions, probation and parole hostels and other facilities and services relating to persons who offend against the criminal law; and (b) to provide for the safe and secure management of prisoners held in correctional institutions in the State; and (c) to promote the rehabilitation of prisoners, probationers and parolees— (i) by providing the necessary correction, guidance and management to assist in their reintegration into the community; and (ii) by providing for effective, planned and individualised management plans for prisoners, probationers and parolees, including by providing for the assessment of the risks they pose to the community, their needs and the development, implementation and review of management plans based on such assessments; and (d) to have regard to the rights of victims of crime; and (e) to have regard to the particular needs and circumstances relevant to the cultural identity and linguistic background of prisoners, probationers and parolees; and (f) to recognise the importance of family and community involvement and participation in the rehabilitation of prisoners, probationers and parolees; and (g) to recognise the particular importance of Aboriginal and Torres Strait Islander community involvement in the rehabilitation of prisoners, parolees and probationers who are Aboriginal and Torres Strait Islander persons, by ensuring so far as is reasonably practicable that— (i) Aboriginal and Torres Strait Islander persons are placed in a correctional institution as close as possible to their usual place of residence; and (ii) an Aboriginal or Torres Strait Islander person is entitled to seek a review of a decision to transfer the person from 1 correctional institution to another in relation to regional transfers where the person will be 200km or further from the correctional institution they are being transferred from; and (iii) Aboriginal and Torres Strait Islander communities are adequately consulted in relation to any community service projects that are regarded as having particular value to the relevant Aboriginal or Torres Strait Islander community; and (h) to support the reintegration of prisoners, probationers and parolees with the community as part of their rehabilitation; and (i) to facilitate, for the purpose of promoting the safety of the community, the sharing of information related to the administration or enforcement of this Act in accordance with the requirements of this Act; and (j) to make provision in relation to the management of officers and employees. (3) The Minister, the CE, the Department and other persons and bodies involved in the administration of this Act are to be guided by the following principles in the exercise of their functions: (a) in exercising powers under this Act, the paramount consideration must be the safety of the community; (b) prisoners, probationers and parolees should be made aware of their obligations under the law, of the consequences of any breach of the law and of the importance of individual responsibility; (c) the management of prisoners, probationers and parolees should be designed to assist in their rehabilitation and reintegration into the community; (d) facilities and programs developed for the care, rehabilitation, imprisonment, training, therapeutic treatment or other treatment of prisoners, probationers and parolees should— (i) be evidence based; and (ii) be individually designed as much as reasonably practicable— (A) to take account of the prisoner, probationer or parolee's age, gender, gender identity, sexuality or sexual identity, cultural identity, developmental and cognitive capacity, ability or disability, and any special needs; and (B) to address offending behaviours; and (C) to address the physical and mental health of the prisoner, probationer or parolee; and (D) to address the educational and vocational training needs of the prisoner, probationer or parolee; and (iii) be governed by a comprehensive assessment and case plan developed in a multidisciplinary framework; and (iv) support— (A) a focus on connecting and reintegrating with the community; and (B) recognition of the impact of offending on victims; and (v) take into consideration the different traditions, cultural values and religious beliefs of ethnic or racial groups within the prisoner, probationer or parolee's community. 4—Interpretation (1) In this Act, unless the contrary intention appears— Aboriginal or Torres Strait Islander person means a person who— (a) is descended from an Aboriginal or Torres Strait Islander; and (b) regards themself as an Aboriginal or Torres Strait Islander; and (c) is accepted as an Aboriginal or Torres Strait Islander by an Aboriginal or Torres Strait Islander community; alcotest means a test by means of an apparatus of a kind approved for the conduct of alcotests under the Road Traffic Act 1961; analyst has the same meaning as in the Controlled Substances Act 1984; biological sample means a sample of urine, saliva or sweat; the Board means the Parole Board of South Australia; CE means the person holding or acting in the position of chief executive of the Department; child sexual offence means an offence under the Criminal Law Consolidation Act 1935 of the following kind committed against or in relation to a child under 16 years of age (including a substantially similar offence against a corresponding previous enactment or the law of another place): (a) rape; (ab) compelled sexual manipulation; (b) indecent assault; (ba) persistent sexual abuse of a child; (c) incest; (d) an offence involving unlawful sexual intercourse; (e) an offence involving an act of gross indecency; (f) an offence involving child prostitution; (g) an offence involving indecency or sexual misbehaviour including an offence against Part 3 Division 11A of the Criminal Law Consolidation Act 1935 or against section 23 or 33 of the Summary Offences Act 1953; (h) an attempt to commit, or assault with intent to commit, any of the offences referred to in the above paragraphs; (i) any other offence (such as homicide or abduction), if there are reasonable grounds to believe that any of the offences referred to in the above paragraphs was also committed by the same person against or in relation to the child in the course of, or as part of the events surrounding, the commission of the offence; Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code; community corrections officer means an officer or employee of the Department whose duties include the supervision of offenders in the community; contempt prisoner means a person committed to prison, or sentenced to imprisonment, for failure to comply with an order for the payment of a pecuniary sum, or for contempt of court; correctional institution means a prison or police prison; correctional services dog means a dog that has completed training of a kind approved by the CE for the purposes of this Act; criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or endanger a person's life or physical safety; criminal organisation means a criminal organisation within the meaning of Division 1 or Division 2 of Part 3B of the Criminal Law Consolidation Act 1935; Department means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; drug means— (a) alcohol; or (b) a substance that is a prescription drug or a controlled drug under the Controlled Substances Act 1984; drug test means an alcotest or a prescribed procedure; and drug testing has a corresponding meaning; electronic device means an electronic device of a class or kind approved by the Minister for the purposes of this Act; home detention means home detention served subject to a home detention order or home detention served by a prisoner under Part 4 Division 6A (as the case requires); home detention order means an order made by a court under the Sentencing Act 2017 that a prisoner serve a sentence of imprisonment imposed on the prisoner by the court on home detention; immediate family means— (a) a spouse or domestic partner; (b) a parent; (c) a grandparent; (d) a child (including an adult child); (e) a grandchild (including an adult grandchild); (f) a brother or sister; injury means physical or mental injury, and includes pregnancy, mental shock and nervous shock; magistrate means a magistrate appointed under the Magistrates Act 1983; manager, in relation to a correctional institution, means the person for the time being in charge of the institution; member, of a criminal organisation, includes an associate member or a prospective member, however described; nearest police station, in relation to a person who has been arrested without warrant under this Act, means the police station nearest to the place of arrest at which facilities are continuously available for the care and custody of the person arrested; non-parole period means a period fixed by a court as a period during which a prisoner may not be released on parole; parent includes a person who stands in the position, and undertakes the responsibilities, of a parent; police prison means premises declared to be a police prison under Part 3; prescribed procedure means a procedure, prescribed by regulation, consisting of the taking of a biological sample from a person for analysis for the purpose of ascertaining the presence of a drug in the body of the person from whom the sample was taken; prison means premises declared to be a prison under Part 3; prisoner means a person committed to a correctional institution pursuant to an order of a court or a warrant of commitment; probation and parole hostel means premises declared by the Minister under section 17E to be a probation and parole hostel; registered victim includes a member of a victim's immediate family whose name is entered in the Victims Register; remand prisoner means a person remanded in custody awaiting trial or sentence; sentence of indeterminate duration means detention in custody until further order of a court; sexual offence means an offence under the Criminal Law Consolidation Act 1935 of the following kind (including a substantially similar offence against a corresponding previous enactment or the law of another place): (a) rape; (ab) compelled sexual manipulation; (b) indecent assault; (ba) persistent sexual abuse of a child; (c) incest; (d) an offence involving unlawful sexual intercourse; (e) an offence involving an act of gross indecency; (f) an offence against Part 3 Division 12 of the Criminal Law Consolidation Act 1935; (g) an attempt to commit, or assault with intent to commit, any of the offences referred to in the above paragraphs; (h) any other offence (such as homicide or abduction), if there are reasonable grounds to believe that a sexual offence was also committed by the same person in the course of, or as part of the events surrounding, the commission of that offence, and includes any other offence that is a child sexual offence; spouse—a person is the spouse of another if they are legally married; terrorism intelligence authority means a terrorism intelligence authority designated by regulations under section 74B of the Police Act 1998; terrorism notification means a terrorism notification under section 74B of the Police Act 1998; terrorist offence means— (a) an offence against Division 72 Subdivision A of the Commonwealth Criminal Code (International terrorist activities using explosive or lethal devices); or (b) a terrorism offence against Part 5.3 of the Commonwealth Criminal Code (Terrorism) where the maximum penalty is 7 or more years imprisonment; or (c) an offence against Part 5.5 of the Commonwealth Criminal Code (Foreign incursions and recruitment), except an offence against subsection 119.7(2) or (3) (Publishing recruitment advertisements); or (d) an offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth, except an offence against paragraph 9(1)(b) or (c) of that Act (Publishing recruitment advertisements); or (e) an offence of a kind prescribed by the regulations for the purposes of this definition; terror suspect—see subsection (4); victim of an offence means a person who suffers injury as a result of the offence; Victims Register—see section 5; VIC levy means a levy imposed under the Victims of Crime Act 2001 or a corresponding previous law; Visiting Tribunal, in relation to a correctional institution, means a Visiting Tribunal established under this Act in respect of that institution. (2) A reference in this Act to an officer of the Department includes a reference to— (a) a person who, immediately before the commencement of this subsection, held an appointment made by the Governor as an officer of the Department; or (b) a person who, after the commencement of this subsection, is designated by the Minister as an officer of the Department under section 4A. (3) For the purposes of this Act, unless the contrary intention appears— (a) a reference to imprisonment (other than in a penalty provision) includes a reference to imprisonment served on home detention subject to a home detention order; and (b) a reference to a prisoner includes a reference to a person serving a sentence of imprisonment on home detention subject to a home detention order; and (c) a reference to the release of a prisoner from a correctional institution or prison includes a reference to the release of a prisoner subject to a home detention order from home detention. (4) A person is a terror suspect for the purposes of this Act if the person— (a) is, or has previously been, charged with a terrorist offence; or (b) has ever been convicted of a terrorist offence; or (c) is the subject of a terrorism notification; or (d) is, or has previously been, the subject of a control order under Part 5.3 of the Commonwealth Criminal Code. (5) For the purposes of subsection (4)(a), a person is only taken to have been charged with an offence if an information or other initiating process charging the person with the offence has been filed in a court. 4A—Appointment of officers of Department (1) The Minister may, by written notice, designate a person to whom this section applies as a person who is to be taken to be an officer of the Department for the purposes of this Act, the Prisoners (Interstate Transfer) Act 1982 and any other prescribed Act. (2) The Minister may, by written notice, revoke— (a) the appointment of an officer of the Department made by the Governor before the commencement of this section; or (b) a designation made under subsection (1). (3) This section applies to a person if— (a) the person is engaged by another person (the contractor) to carry out certain work in the course of and for the purposes of the contractor's business; and (b) the contractor is engaged, in the course of and for the purposes of a business, by the Minister under a contract, arrangement or understanding for the purposes of this Act or another Act; and (c) the Minister is satisfied that the person is a suitable person to be designated as an officer of the Department. (4) Section 74 of the Public Sector Act 2009 does not apply to a person designated under subsection (1). 5—Victims Register (1) The CE must keep a Victims Register for the purposes of this Act. (2) The victim of an offence for which a prisoner is serving a sentence of imprisonment or, if the victim is dead or under an incapacity or in prescribed circumstances, a member of the victim's immediate family, may apply in writing to the CE to have the following information entered in the Victims Register: (a) the applicant's name; (ab) the applicant's contact address and (if supplied) phone number or the name, contact address and (if supplied) phone number of a person nominated by the applicant to receive information under this Act on his or her behalf; (b) any information (including the name of the prisoner) in the applicant's possession that may assist the CE to identify the prisoner. (3) The CE is entitled to assume the accuracy of information supplied under subsection (2) without further inquiry. (4) The Victims Register must also contain any other information prescribed by the regulations. (5) The CE must, when requested to do so by the Board, provide the Board with information derived from the Victims Register. (6) If the Victims Register includes particulars of a person nominated by a registered victim to receive information under this Act on his or her behalf, any information or notification required or authorised by this Act to be given to the registered victim must, instead, be given to the person so nominated (and where such information or notification is to be given at the request of the registered victim, the person so nominated is entitled to make such a request as if he or she were the registered victim). 6—Criminal intelligence (1) Information that is classified by the Commissioner of Police as criminal intelligence for the purposes of granting an approval under section 34(4)(e) or making an order under section 85A(1)(b), or in connection with providing information under section 85CB, may not be disclosed to any person other than the CE, the Minister, a court or a person to whom the Commissioner of Police authorises its disclosure. (2) If— (a) the CE— (i) refuses to grant an approval under section 34(4)(e); or (ii) makes an order under section 85A(1)(b) excluding a person from a correctional institution or institutions; and (b) the decision to do so is made because of information that is classified by the Commissioner of Police as criminal intelligence, the CE is not required to provide any grounds or reasons for the decision other than that it was made in the public interest or that it would be contrary to the public interest if the person were to be permitted to visit a prisoner in, or enter, the correctional institution or institutions. (2a) If the CE decides to take action in relation to a relevant person (within the meaning of section 85CB) after receiving information provided by the Commissioner of Police in accordance with that section and the decision to do so is made because of information that is classified by the Commissioner of Police as criminal intelligence, the CE is not required to provide any grounds or reasons for the decision other than that it was made in the public interest or that it would be contrary to the public interest if the action were not to be taken. (3) In any proceedings relating to a decision of the CE to refuse to grant an approval under section 34(4)(e) or an order of the CE under section 85A(1)(b), the CE and the court before which the proceedings are being heard— (a) must, on the application of the Commissioner of Police, take steps to maintain the confidentiality of information classified by the Commissioner of Police as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and (b) may take evidence consisting of or relating to information so classified by the Commissioner of Police by way of affidavit of a police officer of or above the rank of superintendent. (3a) In any proceedings relating to a decision of the CE to take action in relation to a relevant person (within the meaning of section 85CB) after receiving information provided by the Commissioner of Police in accordance with that section, the CE and the court before which the proceedings are being heard— (a) must, on the application of the Commissioner of Police, take steps to maintain the confidentiality of information classified by the Commissioner of Police as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and (b) may take evidence consisting of or relating to information so classified by the Commissioner of Police by way of affidavit of a police officer of or above the rank of superintendent. (4) The Commissioner of Police may not delegate the function of classifying information as criminal intelligence under this section except to a Deputy Commissioner or Assistant Commissioner of Police. Part 2—Correctional services Division 1—Administration 7—Power of Minister and CE to delegate (1) The Minister may, from time to time, by instrument in writing, delegate to the CE any powers, duties or functions under this Act or any other Act. (2) The CE may delegate to any officer or employee of the Department, any of the powers, functions, duties or responsibilities vested in, imposed on or delegated to, the CE under this Act or any other Act. (2a) The CE may delegate to the manager of a police prison any of the powers, functions, duties or responsibilities— (a) that are vested in, imposed on or delegated to the CE; and (b) that are applicable to the police prison or to those persons who are, or are to be, detained in it. (3) A delegation under this section is revocable at will, and does not prevent the exercise or performance of any power, function, duty or responsibility by the Minister or the CE. (4) Any power, function, duty or responsibility vested in, imposed on or delegated to the CE under this Act may, if the CE is absent from or otherwise unable to perform the duties of office, be exercised or performed by such other officer or employee of the Department as the Minister may authorise. 8—Use of volunteers in the administration of this Act The Minister must promote the use of volunteers in the administration of this Act to such extent as the Minister thinks appropriate. 9—CE's annual report (1) The CE must, not later than 31 October in each year, submit to the Minister a report on— (a) the operation of this Act and the work of the Department for the financial year ending on the preceding 30 June; and (b) any other matter as the Minister may direct. (2) The Minister must, as soon as practicable after receipt of a report submitted under this section, cause a copy of the report to be laid before each House of Parliament. Division 3—Visiting Tribunals 17—Establishment of Visiting Tribunals (1) There must be established for each correctional institution such number of Visiting Tribunals as the Minister thinks necessary or desirable. (2) The Governor may, by proclamation, appoint— (a) a magistrate; or (b) a special justice, to be a Visiting Tribunal for a correctional institution. (4) The Governor may, by further proclamation, vary or revoke a proclamation under this section. Division 4—Community service administration 17A—Establishment of community service centres (1) The Minister may, by notice published in the Gazette, declare any premises to be a community service centre. (2) The Minister may, by notice published in the Gazette, revoke or vary a declaration under this section. (3) Community service centres are under the control of the Minister. 17D—Insurance cover to be provided by Minister (1) The Minister must provide insurance, upon such terms and conditions as the Minister thinks fit, for offenders in respect of death or injury arising out of, or occurring in the course of, community service performed pursuant to any Act. (2) The Minister must provide insurance, upon such terms and conditions as the Minister thinks fit, for persons appointed as voluntary supervisors of offenders performing community service pursuant to any Act in respect of death or injury arising out of, or occurring in the course of, carrying out their duties as supervisors. (3) The cost of providing insurance cover under this section will be borne by the Crown. Division 5—Probation hostels 17E—Establishment of probation hostels (1) The Minister may, by notice published in the Gazette, declare any premises to be a probation hostel. (2) The Minister may, by notice published in the Gazette, vary or revoke a declaration under this section. (3) Probation hostels are under the control of the Minister. Part 3—Correctional institutions Division 1—Establishment of correctional institutions 18—Governor may proclaim premises to be a prison or police prison (1) The Governor may, by proclamation— (a) declare any premises to be a prison; or (b) declare any premises under the control of the Commissioner of Police to be a police prison, for the purposes of this Act. (2) The Governor may, by further proclamation, vary or revoke a proclamation under subsection (1). 19—Correctional institutions to be under the control of the Minister (1) All correctional institutions established under this Act are under the control of the Minister. Division 2—Official visitors 19A—Preliminary For the purposes of this Division, a reference to a correctional institution includes a reference to— (a) a vehicle (including a police vehicle)— (i) on the grounds of a correctional institution; or (ii) used to transport prisoners to or from correctional institutions; and (b) a cell at a court being used to accommodate a prisoner. 19B—Review (1) The Minster must, within 5 years after the commencement of this section, cause a review of the operation of this Division to be undertaken. (2) A report on the review must be provided to the Minister who must cause a copy of the report to be laid before each House of Parliament within 3 months after receipt of the report. 20—Official visitors (1) The Governor may appoint for each correctional institution such number of official visitors as the Governor thinks necessary or desirable. (2) The Governor must, in making appointments under this section, ensure that— (a) at least 1 official visitor for each correctional institution is an Aboriginal or Torres Strait Islander person; and (b) at least 1 official visitor for each correctional institution is a legal practitioner; and (c) at least 1 official visitor for each correctional institution is a woman. (3) A person who constitutes a Visiting Tribunal for a correctional institution cannot be appointed as an official visitor for the correctional institution. (4) An official visitor will be appointed on conditions determined by the Governor and for a term, not exceeding 5 years, specified in the instrument of appointment and, at the expiration of a term of appointment, will be eligible for reappointment. (5) The Governor may remove an official visitor from office— (a) for breach of, or noncompliance with, a condition of appointment; or (b) for misconduct; or (c) for failure or incapacity to carry out official duties satisfactorily. (6) The position of an official visitor becomes vacant if the official visitor— (a) dies; or (b) resigns by written notice given to the Minister; or (c) completes a term of appointment and is not reappointed; or (d) is removed from the position by the Governor under subsection (5); or (e) becomes bankrupt or applies as a debtor to take the benefit of the laws relating to bankruptcy; or (f) is convicted of an indictable offence or sentenced to imprisonment for an offence; or (g) becomes a member of the Parliament of this State or any other State or of the Commonwealth or becomes a member of a Legislative Assembly of a Territory of the Commonwealth. (7) Nothing in this section is to be taken to prevent the appointment of a person as an official visitor for more than 1 correctional institution. 20A—Independence (1) In exercising functions and powers under this Act, an official visitor must act independently, impartially and in the public interest. (2) Neither the Minister nor the CE can— (a) control how an official visitor is to exercise the visitor's statutory functions and powers; or (b) give any direction in relation to the exercise of powers or functions under this Division by an official visitor, including with respect to the content of any report prepared by an official visitor. Note— This provision does not derogate from any express power of the Minister or CE under this Act. 20B—Remuneration (1) An official visitor is entitled to remuneration, allowances and expenses determined by the Remuneration Tribunal. (2) Jurisdiction is, by force of this section, conferred on the Remuneration Tribunal to make a determination or perform any other functions required by this section. 20C—Staff and resources Official visitors must be provided with the resources reasonably required for exercising their functions. 20D—Functions of official visitors (1) The functions of an official visitor in relation to the correctional institution in respect of which the visitor is appointed include the following: (a) to receive any complaint of a prisoner in the correctional institution; (b) to act as an advocate for prisoners in the correctional institution to promote the proper resolution of issues relating to the care, treatment or control of the prisoners; (c) to conduct visits to the correctional institution as required or authorised under this Division; (d) to conduct inspections of the correctional institution as required or authorised under this Division; (e) to promote the best interests of prisoners in the correctional institution; (f) to inquire into, investigate and provide advice to the Minister or the CE on any matter relating to the management of the correctional institution, or the care, treatment or control of the prisoners, either on the official visitor's own initiative or on referral by the Minister or the CE; (g) to make recommendations to the Minister or the CE on any matter for the purposes of improving the quality of care, treatment or control of prisoners in the correctional institution; (h) any other functions assigned to the official visitor under this or any other Act. (2) An official visitor has power to do all things necessary or convenient to be done for or in connection with the performance of the official visitor's functions and may have free and unfettered access to a correctional institution in respect of which the visitor is appointed. (3) In exercising functions under this Division, an official visitor— (a) must encourage prisoners in the correctional institution to express their own views and give proper weight to those views; and (b) must have regard to relevant legislation and other material, including international conventions and treaties, with a view to promoting the high quality care, treatment and control of prisoners in the correctional institution; and (c) must pay particular attention to the needs and circumstances of prisoners in the correctional institution who— (i) are Aboriginal or Torres Strait Islander persons; or (ii) have a physical, psychological or intellectual disability; and (d) may receive and consider information, reports and materials relevant to exercising the official visitor's statutory functions. (4) Despite any other provision of this Division, an official visitor may conduct a visit to or inspection of any correctional institution (whether or not the official visitor is appointed in respect of the institution) if the official visitor considers it necessary to do so to investigate systemic issues relating to prisoners or the provision of correctional services. (5) An official visitor may receive and consider information, reports and materials, and interview a prisoner or other person, including in accordance with a requirement under section 20E(2), in private. (6) In exercising functions and powers under this Division, an official visitor must, so far as is reasonably practicable, ensure that those functions and powers are exercised in a manner that is not likely to— (a) adversely affect the good order and security of a correctional institution or the safety of any person at, or whose work is connected with, a correctional institution; or (b) adversely affect the protection from disclosure of criminal intelligence or the protection of the health, safety and welfare of a victim of an offence committed by a prisoner. 20E—Provision of information to official visitor (1) A government or non-government organisation that is involved in the provision of services under this or any other Act must, at an official visitor's request, provide the official visitor with free and unfettered access to information relevant to the exercise of the official visitor's functions. (2) If an official visitor has reason to believe that a person is capable of providing information or producing a document that may be relevant to the exercise of the official visitor's functions, the official visitor may, by notice in writing provided to the person, require the person to do 1 or more of the following: (a) to provide that information to the official visitor in writing signed by that person or, in the case of a body corporate, by an officer of the body corporate; (b) to produce that document to the official visitor; (c) to attend before a person specified in the notice and answer relevant questions or produce relevant documents. (3) A notice under subsection (2) is to specify the period within which, or the time, day and place at which, the person is required to provide the information or document, or to attend. (4) A notice under subsection (2) must provide a period of time for compliance with a requirement under that subsection that has been determined by the official visitor to be reasonable in the circumstances. (5) A person must comply with a requirement under subsection (2). Maximum penalty: $5 000. (6) However, information or a document is not required to be provided or produced under this section if to do so would involve the disclosure (directly or indirectly) of information in relation to or connected with a matter that forms or is the subject of a complaint, report, assessment, investigation, referral or evaluation under the Independent Commissioner Against Corruption Act 2012. (7) In addition, information or a document is not required to be provided or produced under this section if to do so would involve the disclosure (directly or indirectly) of— (a) criminal intelligence; or (b) information in relation to or connected with a victim of an offence committed by a prisoner. (8) If a document is produced in accordance with a requirement under this section, the official visitor may take possession of, make copies of, or take extracts from, the document. 20F—Requests to contact official visitor A prisoner in a correctional institution may make a request to contact an official visitor in respect of the correctional institution. 20G—Reporting obligations of official visitor (1) An official visitor may, at any time, provide a report to the Minister on any matter arising out of the performance of the official visitor's functions. (2) An official visitor must, not later than 31 October in each year, provide a report to the Minister on the work of the official visitor during the previous financial year. (3) The Minister must, within 6 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament. (4) If a report laid before Parliament under this section includes recommendations on any matter relating to the management of a correctional institution or for the purposes of improving the quality of care, treatment or control of prisoners, the Minister must, within 8 sitting days of the expiration of 6 months after the report was laid before Parliament, cause a report to be laid before each House of Parliament giving details of any action taken or proposed to be taken in consequence of those recommendations. 20H—Confidentiality of information Information about individual cases disclosed to an official visitor is to be kept confidential and is not liable to disclosure under the Freedom of Information Act 1991. 20I—Offences (1) A person must not, without reasonable excuse, hinder, resist or threaten an official visitor in the exercise of powers or functions under this Division. Maximum penalty: $10 000. (2) A person must not make a statement that the person knows to be false or misleading in a material particular to an official visitor in the provision of information under this Division. Maximum penalty: $10 000. (3) A person must not deliberately mislead or attempt to mislead an official visitor in relation to the exercise of powers or functions under this Division by the official visitor. Maximum penalty: $10 000. (4) A person must not— (a) prejudice, or threaten to prejudice, the safety or career of; or (b) intimidate or harass, or threaten to intimidate or harass; or (c) do any act that is, or is likely to be, to the detriment of, either of the following: (d) another person because the other person has provided, is providing or will or may in the future provide information to an official visitor in the exercise of powers or functions under this Division; (e) an official visitor in relation to the exercise of powers or functions under this Division by the official visitor. Maximum penalty: $10 000. 20J—Conflict of interest (1) An official visitor must inform the Minister in writing of any direct or indirect interest that the official visitor has or acquires that conflicts or may conflict with the official visitor's functions under this Division (including, for example, if the official visitor has been an officer or employee of the Department or another public sector agency, or a member of a Minister's staff). (2) An official visitor must take steps to resolve a conflict or possible conflict between a direct or indirect interest and the official visitor's functions in relation to a particular matter and, unless the conflict is resolved to the Minister's satisfaction, the official visitor is disqualified from acting in relation to the matter. Part 4—Imprisonment Division 1—Admission and assignment of prisoners 21A—Documentation to be presented upon admission of a prisoner to a correctional institution A person who is to be detained in a correctional institution pursuant to an order of a court or a warrant of commitment cannot be admitted to a correctional institution for detention except on presentation of— (a) a written statement that contains particulars of the order of the court; or (b) the warrant of commitment, which must contain particulars of the order of the court on which it is founded. 22—Assignment of prisoners to particular correctional institutions (1) A person who is remanded in custody awaiting trial or sentence will be detained in such correctional institution as the CE may determine. (2) Subject to this section, a person who is sentenced to imprisonment or committed to prison will be imprisoned in such correctional institution as the CE may determine. (3) Subject to this Act, a person who is sentenced to a term of imprisonment exceeding 15 days must not be imprisoned in a police prison. (4) A person may be detained in a particular correctional institution pursuant to this section notwithstanding that the warrant of commitment by virtue of which the person is detained in custody directs that he or she be detained in some other correctional institution. Division 3—Assessment of prisoners 23—Initial and periodic assessment of prisoners (1) The CE must, as soon as practicable after the initial admission to a prison of a person who has been sentenced to a term of imprisonment exceeding six months, to life imprisonment or to a sentence of indeterminate duration, and thereafter at regular intervals of not more than one year, assess the prisoner and his or her circumstances and determine whether or not the prisoner should be transferred to some other prison. (2) The Minister may, for the purpose of assisting the CE in carrying out assessments under this section, establish such committees as the Minister thinks fit. (3) In carrying out an assessment under this section, the CE must have regard to— (a) the age, gender, gender identity, sexuality or sexual identity, and the social, medical, psychological and vocational background and history, of the prisoner; and (b) the needs of the prisoner in respect of education or training or medical or psychiatric treatment; and (c) the aptitude or suitability of the prisoner for any particular form of training or work; and (d) the nature of the offence, or offences, in respect of which the prisoner is imprisoned and the length of sentence; and (e) the information contained in any file held by a court in respect of the prisoner; and (f) the behaviour of the prisoner while in prison; and (g) the security of, and availability of accommodation in, any prison under consideration; and (h) the question of maintaining the prisoner's family ties; and (i) where relevant, any proposed plans in respect of the release of the prisoner and his or her social rehabilitation; and (j) such other matters as the CE thinks relevant. (4) The CE must notify the prisoner before commencing an assessment, and must, if the prisoner so requests, grant the prisoner an opportunity to make representations in person to the CE or to a committee established pursuant to subsection (2), including a request that, if practicable, the assessment be made by a person of the same sex or gender identity as the prisoner. (5) The prisoner may make written representations in respect of his or her assessment to the CE or to a committee established pursuant to subsection (2). (6) After the first assessment of a prisoner has been completed, the CE must prepare a programme in relation to the prisoner that contains particulars of any proposals for the education or training or medical or psychiatric treatment of the prisoner, and may, after any subsequent assessment, add to or vary that programme. Division 4—Custody of prisoners 24—CE has custody of prisoners (1) The CE has the custody of a prisoner, whether the prisoner is within, or outside, the precincts of the place in which he or she is being detained, or is to be detained. (2) Subject to this Act, the CE has an absolute discretion— (a) to place any particular prisoner or prisoner of a particular class in such part of the correctional institution; and (b) to establish in respect of any particular prisoner, or prisoner of a particular class, or in respect of prisoners placed in any particular part of the correctional institution, such a regime for work, recreation, contact with other prisoners or any other aspect of the day-to-day life of prisoners; and (c) to vary any such regime, as from time to time seems expedient to the CE. (3) A variation of a regime in respect of a particular prisoner under subsection (2) for any purpose does not constitute a penalty for the purposes of this Act. Division 5—Transfer and leave of absence of prisoners 25—Transfer of prisoners (1) The CE may, by written order, direct that a prisoner be transferred from the place in which he or she is being detained to any other correctional institution. (2) An order given by the CE under subsection (1) is sufficient authority for the transfer of the prisoner in accordance with the order and the detention of the prisoner in the correctional institution to which he or she is transferred. 26—Prisoner may be temporarily detained in any other prison etc while in transit While a prisoner is being taken to any place in which he or she is to be detained, or is being taken for any purpose contemplated by this Act from any place in which he or she is being detained, the prisoner may, without any authority other than this section, be detained in any other place for as long as may reasonably be required in the course of effecting the transfer. 27—Leave of absence from prison (1) The CE may, by written order, grant to a prisoner leave to be absent from the place in which he or she is being detained— (a) for the medical or psychiatric examination, assessment or treatment of the prisoner; or (b) for the attendance of the prisoner at an educational or training course; or (c) for the participation of the prisoner in paid employment or in any form of recreation, entertainment or community service; or (d) for such compassionate purpose as the CE thinks fit; or (e) for any purpose related to criminal investigation; or (f) for such other purpose as the CE thinks fit. (1a) However, a prisoner may not be granted leave to be absent from the place in which he or she is being detained in circumstances set out in the regulations. (2) Leave of absence granted under this section may be subject to such conditions as the CE thinks fit, including either or both of the following: (a) a condition requiring the prisoner— (i) to be in the custody of, and supervised by, 1 or more officers or employees of the Department authorised by the Minister for the purpose; and (ii) to obey the reasonable directions of any officer or employee authorised under subparagraph (i); (b) a condition requiring the prisoner to be monitored by use of an electronic device. (2a) If leave of absence is to be granted to a prisoner for participation in paid employment, the CE may impose a condition requiring the prisoner to pay to the CE a specified amount per week, calculated in accordance with the Minister's directions, towards the cost of his or her board and lodging while so employed, or towards reducing the amount of any VIC levy that the prisoner is liable to pay in respect of any offence. (3) The CE may, by written order, revoke a leave of absence granted under this section, or vary or revoke any of the conditions to which it is subject or impose further conditions. (4) Where a prisoner is still at large after the revocation or expiry of leave of absence, the prisoner may be apprehended without warrant by any police officer or any officer or employee of the Department authorised by the Minister for the purpose. (5) A prisoner who is still at large after the expiry of leave of absence will be taken to be unlawfully at large. (6) A prisoner is not, while still at large after revocation of leave of absence, serving his or her sentence of imprisonment. 27A—Interstate leave of absence (1) The following provisions apply in relation to a request under section 27 for leave of absence to be taken outside of this State: (a) the leave may only be granted in respect of a participating State; (b) the period of leave cannot exceed 7 days, but successive grants of leave can be made; (c) the CE must give written notice of the leave to— (i) the chief officer of police and the corresponding chief executive in the State in which the leave will be taken; and (ii) the chief officer of police in any other State through which the prisoner will have to travel by land; (d) the prisoner remains in the custody of the CE despite being outside the State. (2) The following provisions apply in relation to an interstate prisoner who has been granted leave of absence under a corresponding law: (a) an order or permit under a corresponding law appointing an escort for the prisoner has effect, according to its terms, while the prisoner is in this State, except for any period during which the prisoner is detained in a correctional institution; (b) if the prisoner is in the custody of an escort and requires overnight accommodation while in this State, the prisoner may be detained in a correctional institution for that period, and the order or permit for the leave is sufficient authority for that detention (whether or not the leave is to be taken in this State); (c) if, while the prisoner is in this State, the prisoner escapes or attempts to escape from custody, breaches a condition to which the leave is subject or is otherwise unlawfully at large, the prisoner may be arrested, without warrant, by— (i) an officer or employee of the Department; or (ii) a police officer; or (iii) the prisoner's escort (if any), and taken to the nearest police station; (d) a prisoner who is arrested under paragraph (c) must be brought before a magistrate within 2 working days of the day of arrest and may be detained in a correctional institution until that occurs; (e) the magistrate may, if he or she thinks it appropriate in such a case, order that the prisoner— (i) be returned by the prisoner's escort to the State in which the leave was granted; or (ii) be delivered into the custody of an escort for the purposes of being returned to that State, as the case may require (and no right of appeal lies against such an order); (f) if an order is made under paragraph (e)(ii)— (i) the prisoner may be detained in a correctional institution until— (A) the order is executed; or (B) the expiration of 7 days from the making of the order, whichever occurs first; and (ii) the order, if not executed, expires at the end of that 7 day period; (g) the prisoner will, while detained in a correctional institution under this section, be taken to be a prisoner for the purposes of this Act. (3) In this section— corresponding chief executive, in relation to a participating State, means the officer responsible for the administration of prisons in that State; corresponding law means a law prescribed by regulation to be a corresponding law for the purposes of this section; escort, in relation to a prisoner or an interstate prisoner, means a person authorised or appointed under this Act or the law of the participating State to have custody of the prisoner for the purposes of leave of absence, or return from leave of absence, as the case may be; interstate prisoner means a person subject to detention in a participating State who has been granted leave of absence under a corresponding law; participating State means a State in which a corresponding law is in force; State means a State or Territory of the Commonwealth. 28—Removal of prisoner for criminal investigation, attendance in court etc (1) A prisoner is entitled to attend before a court for the purpose of committal proceedings, trial or sentence for the offence in respect of which the prisoner is being detained or for any other offence with which he or she has been charged. (2) Where a prisoner is required to attend before a court whether as a party to any proceedings or as a witness, the court hearing the proceedings may, by order, direct the CE to cause the prisoner to be brought before the court in accordance with the order. (2a) If a prisoner is required to attend before the Independent Commissioner Against Corruption, the Deputy Commissioner or an examiner under the Independent Commission Against Corruption Act 2012, the Commissioner, Deputy Commissioner or examiner may, by order, direct the manager of the correctional institution in which the prisoner is being detained to cause the prisoner to be brought before the Commissioner, Deputy Commissioner or examiner in accordance with the order. (3) On the determination or an adjournment of proceedings at which a prisoner attends under this section, the prisoner may be returned to the correctional institution without any further process or authority. (4) If a prisoner— (a) has been charged with an offence; or (b) is suspected on reasonable grounds of— (i) having committed an offence; or (ii) having knowledge or information that might assist in the prevention or investigation of an offence, the CE must, at the request of a police officer, release the prisoner into the custody of the police officer for the purposes of investigation of the offence, obtaining evidence as to the commission of the offence or identifying the prisoner as the person who committed the offence, in accordance with law. Division 6—Management of prisoners 29—Work by prisoners (1) A prisoner is, while in a correctional institution, required to perform such work, whether within or outside the precincts of the correctional institution, as the CE directs. (3) Tasks selected for prison work must, as far as reasonably practicable, be selected on the basis that they are likely to provide prisoners with experience in a recognised profession, trade or other field of employment. (4) The CE must, in directing a prisoner to perform any particular work, have regard to the age and the physical and mental health of the prisoner, and any skills or work experience of the prisoner. (5) A prisoner in a correctional institution is not entitled to perform any other remunerated or unremunerated work of any kind, whether for the benefit of the prisoner or any other person, unless the prisoner has the permission of the CE to do so. 30—Prison education The CE must arrange for such courses of instruction or training as the CE thinks fit to be made available to prisoners. 31—Prisoner allowances and other money (1) A prisoner is, while in a correctional institution, entitled to an allowance at a rate from time to time fixed by the CE. (2) A prisoner who performs work under this Division (not being work performed under section 29(5)) is entitled to a further allowance at a rate from time to time fixed by the CE. (2a) The CE may establish a system of bonus payments for prisoners who, in the opinion of the CE, display a positive attitude, or apply themselves with particular effort, to the performance of work or other tasks or duties in the prison. (3) The CE may, for the purposes of subsection (2), fix rates of allowance that vary according to— (a) the classes of work to which they apply; or (b) the correctional institution in which the work will be performed; or (c) the different security classifications of prisoners performing the work; or (d) any combination of those factors. (4) All allowances to which a prisoner is entitled under this section will be credited to the prisoner to an account, or accounts, kept in his or her name by the CE. (4a) The CE may establish an account in the name of a prisoner into which is paid from time to time a proportion (not exceeding 30 per cent) of the prisoner's weekly income under this section, for the purposes of the resettlement of the prisoner in the community on being discharged from prison. (4b) The amount standing to a prisoner's credit in a resettlement account cannot be drawn on while the prisoner is in prison unless the CE is of the opinion that special reason exists for doing so. (5) The CE must review regularly the rates of the allowances to which a prisoner is entitled under this section. (5a) Subject to subsections (5b)