Tasmania: Corrections Act 1997 (Tas)

Corrections Act 1997 An Act to provide for the establishment, management and security of prisons and the welfare of prisoners and detainees, to provide for the granting of parole to prisoners, to provide for the administration of services related to community correction and to provide for related matters [Royal Assent 11 December 1997] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Corrections Act 1997 . 2. Commencement This Act commences on a day to be proclaimed. 3. Interpretation In this Act, unless the contrary intention appears – adult means a person who has attained the age of 18 years; appropriate treatment, in relation to a sex offender prisoner, means a professional intervention to address the underlying causes of offending behaviour; approved organisation means an organisation approved by the Director under section 13 ; Board means the Parole Board established under section 62 ; Chief Psychiatrist has the same meaning as in the Mental Health Act 2013 ; correctional officer means a person appointed as a correctional officer pursuant to section 5 ; Custodial Inspector means the Custodial Inspector appointed under section 5 of the Custodial Inspector Act 2016 ; custodian means a person referred to in section 42(4)(a) , (b) or (c) (other than the Director); detainee means a person, other than a prisoner, who is subject to an order of a court by which he or she is remanded or otherwise committed to prison; Director means the Director of Corrective Services appointed under section 5 ; disciplinary officer means a correctional officer – (a) nominated by the Director under section 57 to be a disciplinary officer; or (b) belonging to a class of correctional officers nominated by the Director under section 57 to be disciplinary officers; eligible persons register means the register kept under section 87A ; family violence offence means family violence offence within the meaning of the Family Violence Act 2004 ; hospital means a place approved as a hospital under section 35 ; immediate family, in respect of a deceased victim, includes – (a) the spouse of the deceased victim; and (ab) the person who was in a significant relationship, within the meaning of the Relationships Act 2003 , with the deceased victim at the time of the victim's death; and (b) a parent, guardian or step-parent of the deceased victim; and (c) a child or stepchild of the deceased victim; and (d) a brother, sister, stepbrother or stepsister of the deceased victim; imprisonment means imprisonment imposed as a result of a lawful sentence; institution means a place approved as an institution under section 35 ; leave permit means a leave permit in force under section 42 ; legal member means the member of the Board referred to in section 62(2)(a) ; legal practitioner means an Australian legal practitioner; life prisoner means a prisoner who is serving a sentence for the term of his or her natural life; medical officer means a medical practitioner who is engaged to examine, treat or care for a prisoner or detainee; migration detainee – see section 83D ; non-parole period, in relation to a sentence of imprisonment, means – (a) in a case to which section 17(2)(a) , 17(3A) or 18(1)(a) of the Sentencing Act 1997 applies, the whole of the period of the sentence; or (b) in a case to which section 17(2)(b) or 18(1)(b) of the Sentencing Act 1997 applies, the period specified in the order made under that section; or (c) in any other case, the non-parole period specified in section 68(1) ; officer of the Inspector means a person who is appointed or employed under section 11 of the Custodial Inspector Act 2016 ; officer of the Ombudsman means a person who is appointed or employed pursuant to section 9 of the Ombudsman Act 1978 ; official visitor means a person appointed as an official visitor to a prison under section 10 ; operative sentence means such part of a sentence of imprisonment as has not been suspended; parole order means a parole order under section 72 ; Poisons List has the same meaning as in the Poisons Act 1971 ; prison includes a place of detention irrespective of the title by which it is known, and includes the whole area, whether or not walled or fenced, established as a prison; prisoner means a person who is subject to an order of a court by which he or she is sentenced to a term of imprisonment and includes a person who is a dangerous criminal, within the meaning of the Dangerous Criminals and High Risk Offenders Act 2021 ; prison offence means an offence specified in Schedule 1 ; probation officer means a person appointed as a probation officer pursuant to section 5 and includes an honorary probation officer appointed under that section; regulations means the regulations in force under this Act; Secretary means the Secretary of the Department; secure mental health unit has the same meaning as in the Mental Health Act 2013 ; sentence includes a sentence imposed by way of resentencing under section 9(1) of the Criminal Code Amendment (Life Prisoners and Dangerous Criminals) Act 1994 ; sex offender prisoner means a prisoner whose sentence of imprisonment was – (a) imposed on the prisoner as an adult; and (b) imposed, either wholly or partially, for a sexual offence; sexual offence means – (a) an offence under section 72 , 72A , 73 , 73A , 74 or 74A of the Classification (Publications, Films and Computer Games) Enforcement Act 1995 ; or (b) a crime under section 122 , 124 , 124A , 124B , 124C , 125 , 125A , 125B , 125C , 125D , 126 , 127 , 127A , 129 , 130 , 130A , 130B , 130C , 130D , 133 , 137 , 138 , 185 or 186 of the Criminal Code ; or (c) a crime under section 298 , 299 or 300 of the Criminal Code relating to a crime referred to in paragraph (b) of this definition; or (d) an offence under section 8(1A) , 13A , 13B , 13C , 21 or 35(3) of the Police Offences Act 1935 ; or (e) an offence under section 4 , 5 , 7 , 8 or 9 of the Sex Industry Offences Act 2005 ; or (f) a crime or other offence prescribed by the regulations; or (g) an offence against the law of a jurisdiction other than Tasmania which is of substantially the same nature as a crime or offence referred to in another paragraph of this definition; standing orders means the standing orders made under section 6(3) ; State Service corrections employee means a person, other than a correctional officer or probation officer, appointed or employed pursuant to section 5(2) ; supervisor means a person appointed as a supervisor pursuant to section 5 and includes an honorary supervisor appointed under that section; Tribunal means the Tasmanian Civil and Administrative Tribunal; victim, in respect of an offence, means – (a) a person who has suffered injury, loss or damage as a direct consequence of the offence; and (b) a member of the immediate family of a deceased victim of the offence. 4. Guiding principles The powers conferred by this Act are to be exercised with proper regard to the following principles: (a) the community is entitled to an appropriate level of protection from illegal behaviour by people subject to this Act; (b) people who are subject to this Act retain their normal rights and responsibilities as citizens, except as these are limited in accordance with law; (c) services and procedures should be fair, equitable and have due regard to personal dignity and individuality, as far as is consistent with the need for appropriate levels of security and control; (d) individuals are capable of change; (e) people subject to this Act continue to be members of the community and should be assisted to become socially responsible. Whilst their liberty is restricted to various degrees, demonstrated social responsibility should lead to less intrusive control and intervention. 4A. Inconsistency with Mental Health Act 2013 Where there is an inconsistency between this Act and the Mental Health Act 2013 , this Act prevails to the extent of that inconsistency. PART 2 - Administration 5. Appointment of Director and other persons (1) The Governor may appoint a State Service officer or State Service employee to be Director of Corrective Services and the officer or employee holds office in conjunction with State Service employment. (2) Subject to and in accordance with the State Service Act 2000 , correctional officers, probation officers and such other persons as are required for the purposes of this Act may be appointed or employed. (3) The Secretary may appoint a person to be a supervisor for the purposes of this Act. (4) A person appointed as a supervisor is to be appointed on such terms as the Secretary determines. (5) The Secretary may appoint a person to be an honorary probation officer or honorary supervisor. (6) All police officers are correctional officers. 5A. Appointment of interstate correctional officers and probation officers (1) The Secretary, with the consent of the employer of a correctional officer or a probation officer employed in another State or a Territory (however described in that State or Territory) may appoint such a correctional officer or probation officer to be a correctional officer or a probation officer for the purposes of this Act if the Secretary considers it is necessary to do so. (2) An appointment under subsection (1) is to be – (a) for such period not exceeding 90 days as may be determined by the Secretary; and (b) on such terms and conditions as are specified in the instrument of appointment. 6. Powers and duties of Director (1) The Director is responsible to the Secretary – (a) for the care and direction of all prisons, prisoners and detainees and the control of all prisons; and (b) for the order and control of all prisoners and detainees. (2) The Director has the powers, functions and duties vested in or conferred or imposed on him or her by this Act, the Sentencing Act 1997 and the Mental Health Act 2013 . (3) The Director may make standing orders for the management and security of prisons and for the welfare, protection and discipline of prisoners and detainees. (4) A person who is a correctional officer or State Service corrections employee must comply with the standing orders made by the Director in so far as they apply to such an officer or employee. (5) The obligation under subsection (4) is, for correctional officers and State Service corrections employees, taken to be a conduct requirement under section 9 of the State Service Act 2000 . 7. Delegation The Director may delegate any of the Director's functions or powers under this or any other Act other than this power of delegation. 8. Confidentiality (1) In this section – confidential information means – (a) information relating to the classification of a prisoner given to the Director or to the classification committee established under the regulations; or (b) information given to the Board that is not disclosed in a decision of the Board or in any reasons given by the Board for a decision of the Board; or (c) information given to an official visitor as an official visitor; or (ca) information given to the Custodial Inspector for the purposes of the Custodial Inspector Act 2016 ; or (d) information relating to the personal affairs of a prisoner or detainee; or (e) information concerning procedures or plans to be adopted or followed in a prison in the event of an emergency; or (f) information concerning the management of, or the operation of security measures in, or in relation to, a prison; or (g) information concerning the investigation of a breach or possible breach of the law by a prisoner, a correctional officer or a State Service corrections employee; or (h) information contained in a report given to a court that is not disclosed in a decision of the court or in any reasons given by the court for a decision of the court; information includes photographs, fingerprints, samples and results of tests; position means any of the following: (a) a position as a correctional officer, a probation officer or a person appointed or employed for the purposes of this Act; (b) a delegate of the Director; (c) a person authorised to perform or exercise the functions or powers of a correctional officer. (2) A person who holds or has held a position must not, except to the extent necessary to perform the official duties, powers or functions of that position, record, disclose, communicate or make use of confidential information. Penalty: Fine not exceeding 5 penalty units. (3) Subsection (2) does not prevent a person from – (a) giving evidence or producing a document to a court in the course of criminal proceedings or proceedings under this Act, even though the evidence or document contains confidential information; or (b) disclosing or communicating confidential information in accordance with the written authority of the Minister or the person to whom the information relates; or (c) disclosing or communicating confidential information to the Ombudsman or an officer of the Ombudsman; or (ca) disclosing or communicating confidential information to the Implementation Monitor, within the meaning of the Child Safety Reform Implementation Monitor Act 2024 , in accordance with that Act; or (d) disclosing confidential information that is a photograph to a person who holds a position or is a police officer, if the disclosure is made to assist the person to perform official duties; or (e) disclosing confidential information to the extent specifically authorised by another Act; or (f) disclosing information approved by the Director to a victim of crime. 8A. Surrender of prison service equipment, &c. (1) In this section – item of identification includes – (a) an access pass; and (b) a security pass; and (c) a tag; prescribed period means – (a) in respect of an item of identification, equipment, clothing or insignia, the 7-day period immediately following the day on which the relevant person ceases to be a correctional officer or State Service corrections employee, or such longer period as the Director, by notice in writing given before or during that 7-day period, may allow the person; and (b) in respect of a firearm or ammunition, the 24-hour period immediately after the relevant person ceases to be a correctional officer or State Service corrections employee. (2) This section applies to a person who ceases for any reason to hold an appointment or employment as a correctional officer or State Service corrections employee. (3) The person must surrender to the Director, within the prescribed period – (a) all firearms and ammunition; and (b) all items of identification, equipment, clothing and insignia – that were on issue to that person as a correctional officer or State Service corrections employee immediately before he or she ceased to hold that appointment or employment. Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months. (4) However, subsection (3) does not apply to the person in respect of an item of identification, equipment, clothing or insignia if it is an item of a kind that, under the standing orders in force at the relevant time, the person may retain on ceasing to hold the relevant appointment or employment. (5) If the person fails to surrender an item of identification, equipment, clothing or insignia as required by subsection (3) , the Director, as soon as practicable after the prescribed period, is to give the person a notice requiring that the item be surrendered to the Director forthwith or within such time as he or she considers reasonable in the circumstances and specifies in the notice. (6) The notice under subsection (5) is to be given by registered post addressed to the person's place of residence last known to the Director. (7) The Commissioner of Police, at the written request of the Director, may apply to a justice for a warrant to enter and search any place and do either or both of the following: (a) seize any firearm or ammunition found in the place that ought to have been surrendered to the Director pursuant to subsection (3) but has not been so surrendered; (b) seize any item of identification, equipment, clothing or insignia found in the place that ought to have been surrendered to the Director pursuant to subsections (3) and (5) but has not been so surrendered. (8) A justice may issue a warrant if satisfied that there are reasonable grounds for believing that there is on or in any place either or both of the following: (a) a firearm or ammunition, or both, that ought to have been surrendered to the Director pursuant to subsection (3) but has not been so surrendered; (b) an item of identification, equipment, clothing or insignia that ought to have been surrendered to the Director pursuant to subsections (3) and (5) but has not been so surrendered. (9) A warrant is to authorise a police officer to – (a) enter and search the place specified in the warrant; and (b) seize any thing that the police officer reasonably believes is required to be surrendered to the Director under this section. (10) A warrant is to specify the date on which, and time by which, the warrant ceases to have effect. (11) If the occupier of the place is not present or refuses permission, the police officer may – (a) proceed to execute the warrant using any reasonable force necessary; and (b) do anything reasonably required to execute the warrant. PART 3 - Establishment and control of prisons Division 1 - Establishment of prisons 9. Establishment of prisons (1) The Governor, by proclamation, may declare any premises or place or any part of any premises or place to be a prison. (2) The Governor, by proclamation, may declare that a prison is to be available for use for the detention in lawful custody of persons other than prisoners or detainees. (3) Nothing in this Act is to apply to or in relation to the detention of persons other than prisoners or detainees in a prison referred to in subsection (2) . Division 2 - Access to prison 10. Official visitors (1) The Minister may appoint persons as official visitors in accordance with this section. (1A) A person appointed as an official visitor is to be – (a) appointed for a term, not exceeding 3 years, specified in his or her instrument of appointment; and (b) appointed on terms and conditions specified in his or her instrument of appointment; and (c) paid such remuneration and allowances as the Minister may determine. (2) A person may be appointed as an official visitor to all prisons in the State. (3) The Minister may appoint a Coordinator of the Official Visitors Scheme. (3A) The Coordinator of the Official Visitors Scheme is to ensure that each prison is visited at least once a month by an official visitor and, for that purpose, may establish a system for the coordination of visits to prisons by official visitors. (4) An official visitor is to – (a) visit, either alone or with another visitor, any prison once a month or at any other time; and (b) inquire into the treatment, behaviour and conditions of the prisoners and detainees in that prison; and (c) receive and investigate any complaint of a prisoner or detainee. (5) While an official visitor is visiting a prison, the official visitor is not to directly interfere with, or give instructions with regard to, the management or disciplining of a correctional officer, a prisoner or detainee or a State Service corrections employee. (6) An official visitor may report to the Director or Minister on – (a) the management or disciplining of a prisoner or detainee, or the conduct of correctional officers or State Service corrections employees, at a prison visited by the official visitor; or (b) any matter relating to the treatment or condition of prisoners or detainees at that prison; or (c) the state of the prison. (7) The Coordinator of the Official Visitors Scheme, as soon as practicable after 31 December in each year, is to give the Minister a report – (a) on the inquiries or investigations made under subsection (4) ; and (b) on the visits to prisons by official visitors; and (c) on the activities of official visitors at prisons – in that year. (7A) The Minister may, at any time, request the Coordinator of the Official Visitors Scheme to give the Minister a report – (a) on the inquiries or investigations made under subsection (4) ; or (b) on the visits to prisons by official visitors; or (c) on the activities of official visitors at prisons; or (d) on any other matter relating to official visits that the Minister requires. (8) A correctional officer and a State Service corrections employee is to give full assistance and cooperation to an official visitor. 11. Visits by judges, magistrates, &c. (1) Any of the following persons may visit a prison at any reasonable time: (a) a judge; (b) a magistrate; (c) the Ombudsman or an officer of the Ombudsman; (ca) the Custodial Inspector or an officer of the Inspector; (d) a person authorised in writing by the Minister. (2) A correctional officer and a State Service corrections employee must give full assistance to a person referred to in subsection (1) . 12. Visits (1) A person may enter a prison and visit a prisoner or detainee in accordance with procedures determined by the Director. (2) The Director may give to a visitor under this section such orders as are necessary for the management, good order and security of the prison. (3) A visitor who disobeys a Director's order is guilty of an offence. Penalty: Fine not exceeding 5 penalty units. 13. Power of Director to approve certain organisations The Director may, for the purposes of this Act, approve an organisation which has amongst its objects the welfare and rehabilitation of prisoners. 14. Visits by members of approved organisations A member of an approved organisation may visit a prisoner or detainee in accordance with procedures determined by the Director. 15. Exclusion of visitors for security reasons (1) The Director, by order, may prohibit a person wishing to visit a prisoner or detainee from entering or remaining in the prison if the Director suspects on reasonable grounds that the person's entry into the prison or visit to the prisoner or detainee might endanger the good order or security of the prison or the safety of the prisoners or detainees. (2) The Director may order a person visiting the prison to leave the prison if the Director suspects on reasonable grounds that – (a) the person has contravened the regulations; or (b) the person has disobeyed an order of the Director given under this Division. (3) A person who disobeys an order under this section is guilty of an offence. Penalty: Fine not exceeding 10 penalty units. 16. Visits by legal practitioners and their assistants (1) A legal practitioner acting in the course of his or her practice may enter a prison and visit a prisoner or detainee in accordance with procedures determined by the Director. (2) With the Director's permission, a person authorised by a legal practitioner to act on the legal practitioner's behalf in connection with the legal practitioner's practice may enter a prison and visit a prisoner or detainee. 17. Visits by police (1) A police officer may enter a prison and visit a prisoner or detainee in accordance with procedures determined by the Director. (2) A prisoner or detainee may refuse a visit from a police officer under this section. (3) A prisoner or detainee is not required to answer questions asked by a police officer during a visit under this section. (4) A prisoner or detainee may request a correctional officer or any other person appointed or employed for the purposes of this Act to be present at, or to observe but not hear, any part of an interview between the prisoner or detainee and a police officer visiting the prison. (5) If a police officer proposes to visit a prisoner or detainee who is in a prison, the Director is to ensure that the prisoner or detainee is advised of his or her rights under this section. 18. Visitors to give prescribed information (1) A person who wishes to enter or has entered a prison as a visitor must, if asked by a correctional officer or a State Service corrections employee, give to the correctional officer or a State Service corrections employee proof of the person's identity and information as to the person's address, occupation, age, relationship (if any) to the prisoner or detainee and as to the purpose of the person's visit. (2) A person who wishes to enter or has entered a prison as a visitor and who knowingly gives to a correctional officer or a State Service corrections employee information that is false or misleading is guilty of an offence. Penalty: Fine not exceeding 5 penalty units. (3) If, when asked, a person does not give proof of the person's identity and the information specified in subsection (1) to a correctional officer or a State Service corrections employee or gives information to a correctional officer or a State Service corrections employee that is false or misleading, the correctional officer or a State Service corrections employee may – (a) if the person has not entered the prison, by order prohibit the person from entering the prison; or (b) if the person has entered the prison, order the person to leave the prison immediately. (4) A person who disobeys an order under this section is guilty of an offence. Penalty: Fine not exceeding 5 penalty units. (5) A person ordered to leave a prison under this section may only re-enter the prison with the Director's permission. 19. Director may refuse or terminate visits for security reasons (1) If the Director believes on reasonable grounds that the security of a prison or the safety of a visitor at a prison is threatened, the Director may – (a) by order prohibit a person from entering the prison as a visitor; or (b) order the visitor to leave the prison immediately. (2) A person who disobeys a Director's order under this section is guilty of an offence. Penalty: Fine not exceeding 5 penalty units. 20. Formal searches (1) In this section, formal search means a search to detect the presence of drugs, weapons or metal articles. (2) A person who wishes to enter or remain in a prison as a visitor must, if asked by a correctional officer, submit to a formal search. (3) If, when asked, a person does not submit to a formal search, a correctional officer may prohibit the person from entering the prison or, if the person is in the prison, order the person to leave the prison immediately. (4) In carrying out a formal search, a correctional officer may employ – (a) such assistance as he or she believes on reasonable grounds to be necessary for the purpose; and (b) such means as he or she believes on reasonable grounds to be necessary for the purpose including, but not limited to, scanning devices and detection devices. 21. Removal of persons from prison (1) If a person disobeys an order to leave a prison under section 15 , 19 , 20 or 22(2) , a correctional officer may, if necessary, use reasonable force to compel the person to leave the prison. (2) A correctional officer who uses force to compel a visitor to leave a prison is, as soon as practicable, to report the fact to the Director. 22. Searches and examinations (1) The Director may, for the security or good order of the prison or the prisoners or detainees, at any time order a correctional officer or State Service corrections employee to – (a) search or examine, or search and examine, any part of the prison; or (b) search or examine, or search and examine, any vehicle, equipment, container or other thing in the prison; or (c) conduct any search or examination, or search and examination, under this subsection at random. (1A) The Director may, for the security or good order of the prison or the prisoners or detainees, at any time order a correctional officer to – (a) search or examine, or search and examine, a prisoner or detainee, a visitor to the prison, a correctional officer or any person appointed or employed for the purposes of this Act or any other person in the prison; or (b) instead of or as well as a formal search required under section 20 , require a person wishing to enter the prison to submit to a search or examination, or search and examination, of the person and of anything in the person's possession or under the person's control; or (c) conduct any search or examination, or search and examination, under this subsection at random. (2) If a person other than a prisoner, detainee, correctional officer or State Service corrections employee refuses to submit to a search or examination, or search and examination, under this section while inside the prison, the Director may order the person to leave the prison immediately. (3) A person who disobeys a Director's order under subsection (2) is guilty of an offence. Penalty: Fine not exceeding 10 penalty units. (4) A search or examination, or search and examination, of a female visitor under this section is to be made by a female officer and in the presence of females only. (5) In carrying out a search or examination, or search and examination, pursuant to an order of the Director given under this section, a correctional officer or State Service corrections employee may employ – (a) such assistance as he or she believes on reasonable grounds to be necessary for the purpose; and (b) such means as he or she believes on reasonable grounds to be necessary for the purpose including, but not limited to, scanning devices and detection devices. 22A. Use of detector dogs (1) In this section – detector dog means a dog that has been, or is being, trained by a State or Commonwealth law enforcement agency to detect particular substances or items; detector dog handler means a person whose duties, whether as a police officer, correctional officer or otherwise, include the handling of a detector dog; search means – (a) a formal search carried out by a correctional officer under section 20 ; or (b) a search or examination, or search and examination, carried out by a correctional officer or State Service corrections employee pursuant to an order of the Director given under section 22 . (2) A correctional officer or State Service corrections employee who is carrying out a search may be accompanied and assisted by – (a) a detector dog; and (b) whether or not the officer or employee is a detector dog handler, a detector dog handler. (3) If subsection (2) applies, the detector dog may be used in such manner as the persons carrying out or assisting with the search think fit having regard to the nature of the search and the specific capabilities of the detector dog. (4) A person must not, without lawful excuse, do anything that is likely to impede or interfere with the effective use of a detector dog in a search. Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 12 months. (5) To avoid doubt, it is immaterial for the purposes of subsection (4) whether the impeding or interference occurs during the relevant search or at any time before the relevant search. (6) A person must not, without lawful excuse, strike, injure, maim or kill a detector dog that accompanies and assists a correctional officer or State Service corrections employee in carrying out a search. Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 12 months. (7) To avoid doubt, it is immaterial for the purposes of subsection (6) whether the striking, injuring, maiming or killing occurs during the relevant search or immediately before or immediately after the relevant search. (8) Neither the Crown nor any correctional officer, State Service corrections employee or detector dog handler is liable to any action, liability, claim or demand merely because a detector dog – (a) entered or was present at a prison; or (b) initiated or inadvertently made contact with a prisoner, detainee, visitor or other person; or (c) initiated or inadvertently made contact with anything in a prisoner's, detainee's, visitor's or other person's possession. 23. Seizure (1) In carrying out a formal search pursuant to section 20 or a search or examination, or search and examination, pursuant to an order of the Director given under section 22(1) or (1A) , a correctional officer may seize any one or more of the following: (a) any thing found in the prison, whether in a person's possession or not, which the correctional officer believes on reasonable grounds jeopardises or is likely to jeopardise the security or good order of the prison or the safety of persons in the prison; (b) any thing found on the prisoner or detainee or in a prisoner's or detainee's possession, other than a thing which the prisoner is authorised to wear or to possess under section 29 , the regulations or a direction of the Director; (c) any thing which a prisoner or detainee is authorised to wear or to possess under section 29 , the regulations or a direction of the Director which the correctional officer believes on reasonable grounds jeopardises or is likely to jeopardise the security of the prison or the safety of persons in the prison. (1A) In carrying out a search or examination, or search and examination, pursuant to an order of the Director given under section 22(1) , a State Service corrections employee may seize any thing found in the course of the search or examination or search and examination which the State Service corrections employee believes on reasonable grounds jeopardises or is likely to jeopardise the security or good order of the prison or the safety of persons in the prison. (2) A correctional officer or State Service corrections employee who seizes any thing pursuant to subsection (1) or (1A) is to immediately inform the Director. (3) The Director is to deal, in accordance with the regulations, with any thing which is not a drug of dependence and is seized pursuant to this section. 24. Prohibition against bringing unauthorised articles and things into prisons (1) A person who brings into a prison an article or thing that the Director has not authorised to be brought into the prison is guilty of an offence. Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 12 months. (2) A correctional officer who finds a person contravening subsection (1) may detain that person pending the arrival of a police officer. (3) A police officer may arrest without warrant a person who the police officer reasonably believes has contravened subsection (1) . (4) A person arrested under subsection (3) is to be brought before a court as soon as practicable. (5) In addition to any other penalty that may be imposed on a correctional officer or a State Service corrections employee, a correctional officer or a State Service corrections employee who is convicted of an offence against this section forfeits office. 25. Children (1) At the request of a prisoner who is a child's parent or guardian, the Director may permit the prisoner's child to live with the prisoner in the prison if the Director is satisfied that – (a) it is in the best interests of the child to live with his or her parent or guardian in the prison; and (b) the management, good order or security of the prison will not be threatened by the child living in the prison. (2) The prisoner is responsible for the safety and care of the prisoner's child while the child lives in the prison. (3) If the Director considers that the child's behaviour is threatening the security or good order of the prison or the child's safety is threatened, the Director may cause the child to be removed from the prison. 25A. Power of arrest A police officer may arrest a person without warrant if the police officer believes on reasonable grounds that the person has committed an offence under section 12(3) , section 15(3) , section 18(2) , section 18(4) , section 19(2) , section 22(3) , section 22A(4) or section 22A(6) . PART 4 - Custody and treatment of prisoners and detainees 26. Circumstances in which prisoners, &c., are in custody of Director, &c. (1) A prisoner or detainee is taken to be in the custody of the Director in the following circumstances: (a) if the prisoner or detainee is being taken to or from prison; (b) if the prisoner or detainee is working outside the precincts of a prison; (c) if the prisoner or detainee is outside the precincts of a prison in accordance with an authorisation under section 41 , a leave permit under section 42 or an interstate leave permit under section 49 . (2) If a police officer has custody of a prisoner or detainee in a prison in respect of which a proclamation has been made under section 9(2) , the police officer is taken to be a correctional officer and the prisoner or detainee is taken to be in the custody of the Director. (3) If a correctional officer has custody of a person in lawful custody, other than a prisoner or detainee, in a prison in respect of which a proclamation has been made under section 9(2) , the correctional officer is taken to be a police officer and the person in lawful custody is taken to be in the custody of a police officer. 27. Removal of prisoners and detainees into control of Director (1) Subject to subsection (3) and to any order of a court to the contrary, a correctional officer or police officer who is present when an order is made resulting in a person being made a prisoner or detainee is to, immediately after the making of the order, take the prisoner or detainee into custody and control and remove the prisoner or detainee as soon as practicable into the custody and control of the Director. (2) A police officer who has the custody and control of a prisoner or detainee referred to in subsection (1) is to assist in removing the prisoner or detainee into the custody or control of the Director. (3) If it is impracticable to remove a prisoner or detainee immediately to a prison, the correctional officer, police officer or other person having the custody and control of the prisoner or detainee may temporarily keep the prisoner or detainee at some other suitable place. 28. Random testing and searching of prisoners and detainees (1) If the appropriate correctional officer as specified in the standing orders considers it necessary to do so in the interests of the management and good order of a prison, the correctional officer may order a prisoner or detainee at any time to undergo a test or search for the use or possession of any of the following: (a) alcohol; (b) a drug which has not been prescribed by a medical practitioner for the use of the prisoner or detainee; (c) a controlled substance within the meaning of the Misuse of Drugs Act 2001 ; (d) a substance included in Schedule 2, 3, 4 or 8 of the Poisons List; (e) a substance included in the Australian Register of Therapeutic Goods established under the Therapeutic Goods Act 1989 of the Commonwealth; (f) a metabolite of a substance mentioned in paragraph (b) , (c) , (d) or (e) . (2) A test may include the taking of a urine, blood or breath sample. (3) A test – (a) in the case of a blood sample, is to be carried out by a medical officer; and (b) in the case of a urine or breath sample, may be carried out by a correctional officer or a medical officer. (4) A correctional officer is to order a prisoner or detainee to undergo a test or search under this section as and when required by the standing orders. 29. Rights of prisoners and detainees (1) Every prisoner and detainee has the following rights: (a) if not ordinarily engaged in outdoor work, the right to be in the open air for at least an hour each day if the facilities of the prison are suitable for allowing the prisoner or detainee to be in the open air; (b) the right to be provided with food that is adequate to maintain the health and well-being of the prisoner or detainee; (c) the right to be provided with special dietary food where the Director is satisfied that such food is necessary for medical reasons or on account of the prisoner's or detainee's religious beliefs or because the prisoner or detainee is a vegetarian; (d) the right to be provided with clothing that is suitable for the climate and for any work which the prisoner or detainee is required to do and adequate to maintain the health of the prisoner or detainee; (e) if not serving a sentence of imprisonment, the right to wear suitable clothing owned by the detainee when appearing in court; (f) the right to have access to reasonable medical care and treatment necessary for the preservation of health; (g) if intellectually disabled or mentally ill, the right to have reasonable access within the prison or, with the Director's approval, outside the prison to such special care and treatment as a medical officer considers necessary or desirable in the circumstances; (h) the right to have access to reasonable dental treatment necessary for the preservation of dental health; (i) the right to practise a religion of the prisoner's choice and, if consistent with prison security and good prison management, to join with other prisoners or detainees in practising that religion and to possess such articles as are necessary for the practice of that religion; (j) in the case of a prisoner, the right to receive at least one visit each week of at least 30 minutes duration and such other visits as the Director determines; (k) in the case of a detainee, the right to receive at least 3 visits each week and such other visits as the Director determines; (l) the right to send letters to, and receive letters from, the Minister, the Director, an official visitor, the Ombudsman or an officer of the Ombudsman or the Custodial Inspector or an officer of the Inspector without those letters being opened by prison staff; (m) the right to send and receive other letters uncensored by prison staff; (n) the right to advise next of kin, or a person with whom the prisoner or detainee has had a longstanding relationship, of imprisonment as soon as possible after the prisoner or detainee is admitted to prison; (o) the right to have access to legal advice or to apply for legal aid; (p) the right to be provided with information about the rules and conditions which will govern the prisoner's or detainee's behaviour in custody. (2) Despite subsection (1)(m) , if the Director reasonably believes that any letter sent or received by a prisoner or detainee is a threat to prison security or may be of a threatening or harassing nature, the Director may – (a) if the belief concerns the whole letter, stop the letter from being sent or received by the prisoner; or (b) if the belief concerns only part of the letter, cause the relevant part of the letter to be censored. (3) For the purposes of subsection (1)(n) , the question of whether a person has had a longstanding relationship with a prisoner or detainee is to be determined by the Director. 30. Medical tests for HIV, &c. (1) The Director may require a prisoner or detainee to undergo a test for HIV or other blood-borne diseases by a medical officer or a registered nurse – (a) as soon as practicable on admission to a prison; and (b) at such regular intervals as the Director may consider appropriate or necessary in the circumstances. (2) If a prisoner or detainee refuses to undergo a test, a medical officer, or a registered nurse, who is nominated by the Director for the purpose is to counsel the prisoner or detainee in respect of the necessity or desirability of undergoing the test. (3) . . . . . . . . 31. Treatment of sex offender prisoners (1) This section applies if the Director is satisfied on reasonable grounds that appropriate treatment is available for a sex offender prisoner. (2) The Director is to give the sex offender prisoner a reasonable opportunity to participate in the appropriate treatment unless satisfied on reasonable grounds that – (a) the prisoner is medically or psychologically unfit to participate in the treatment; or (b) the prisoner is not cognitively capable of participating in the treatment; or (c) there is insufficient time for the prisoner to complete the treatment; or (d) the prisoner's participation in the treatment could compromise the safety, security or good order of the prison. (3) The Director, on giving the sex offender prisoner the opportunity to participate in the appropriate treatment, is to inform the prisoner that – (a) non-participation or unsatisfactory participation will prevent the prisoner from being granted a remission of sentence in respect of the relevant sexual offence; and (b) participation, non-participation or unsatisfactory participation will, if the prisoner becomes eligible for parole, be factors taken into consideration by the Board in determining whether the prisoner should be released on parole. (4) If the sex offender prisoner chooses to participate in the appropriate treatment, the Director is to – (a) monitor the participation; and (b) prepare a written assessment of the participation, with particular reference to – (i) the prisoner's attendance and compliance; and (ii) the prisoner's attitude, behaviour and responsiveness during treatment; and (iii) whether the treatment is completed and, if it is not completed, the reasons for non-completion; and (iv) whether any action is taken under subsection (5) . (5) If the sex offender prisoner chooses to participate in the appropriate treatment, the Director may cease or suspend the participation at any time if satisfied on reasonable grounds that – (a) the participation is unsatisfactory; or (b) the treatment is no longer available, practicable or appropriate; or (c) there are other valid grounds for the cessation or suspension. (6) If the sex offender prisoner chooses to participate in the appropriate treatment and subsequently becomes eligible for parole, the Director is to give the Board notice of the prisoner's choice, and – (a) a copy of the assessment prepared under subsection (4)(b) ; or (b) if the participation is on-going, a written assessment, in substantially the same terms as those required by subsection (4)(b) , of the participation up to the time of the prisoner's eligibility for parole. (7) If the sex offender prisoner chooses not to participate in the appropriate treatment and subsequently becomes eligible for parole, the Director is to give the Board notice of the prisoner's choice together with relevant particulars, including particulars of the treatment. (8) To avoid doubt – (a) a sex offender prisoner may be offered more than one opportunity to participate in appropriate treatment pursuant to this section; but (b) the Director is not obliged by subsection (2) to give a sex offender prisoner repeated opportunities to participate in appropriate treatment pursuant to this section, particularly if the prisoner has persistently chosen not to participate in such treatment or has a history of unsatisfactory participation in such treatment. (9) For the purposes of forming opinions under this section, the Director – (a) may seek and have regard to such professional medical advice and other information as he or she thinks fit; and (b) is to take advice from the treatment providers responsible for the delivery and assessment of appropriate treatment. (10) In this section – unsatisfactory participation, of a sex offender prisoner in appropriate treatment, means participation that, for reasons assessed by the Director as being within the prisoner's control, is incomplete or non-compliant. 32. . . . . . . . . 33. Work (1) Subject to this section, the Director may direct a prisoner to be set to some work that is considered suitable to the prisoner's physical and intellectual capacity. (2) A prisoner must comply with a direction of the Director under subsection (1) . (3) A prisoner may, with the approval of the Director, be set to work outside the precincts of the prison in which the prisoner is detained. (4) A detainee may volunteer to perform work. 34. Payment for prisoners' work, &c. (1) A prisoner who performs work pursuant to section 33 is entitled to be paid such amount for that work as is determined from time to time by the Director. (1A) A prisoner or detainee who performs work for which the prisoner or detainee volunteered is entitled to be paid for that work. (2) The Director is to hold on behalf of a prisoner the money that the prisoner is entitled to be paid for work performed and is to pay that money to the prisoner on the prisoner's release or as otherwise provided by the regulations. (3) Notwithstanding subsection (2) , a court of competent jurisdiction may order, before a prisoner is released from prison, that the whole or any part of the money that the prisoner is entitled to be paid is to be paid towards the maintenance of the prisoner's dependants or in settlement of a judgment debt of that court. (4) The Director is not liable for any costs associated with the performance by a prisoner of work for which the prisoner volunteered outside the precincts of the prison for a person other than the State. 34AA. Hire of extra equipment (1) The Director may, on request, allow a prisoner or detainee to hire equipment and items additional to the standard equipment and items with which the prisoner or detainee is issued. (2) The additional equipment or items may be hired on such conditions and for such hiring fee as the Director determines. (3) The hiring fee – (a) is not to exceed the reasonable cost of providing and, if applicable, operating the additional equipment or items; and (b) may be a nominal fee. (4) The Director may recover the hiring fee from moneys that the Director holds on the prisoner's or detainee's behalf. 34AB. Business activities (1) In this section – conduct a business includes making preparations to conduct a business. (2) A prisoner must not conduct a business in or from prison without the consent of the Director, given specifically for that business. (3) In determining whether to give consent for a prisoner to conduct a business in or from prison, the Director may have regard to such matters as he or she thinks fit in the circumstances, including – (a) whether the conduct of the business could reasonably be expected to excite adverse community reaction, particularly from victims of crime; and (b) whether there is any risk that any person could use the business for unlawful ends; and (c) whether the conduct of the business could disrupt prison routine or compromise its management, good order or security; and (d) whether the business is one that would be reasonably practicable and manageable to conduct in a prison environment; and (e) the regulatory requirements of conducting the business, and associated compliance and legal capacity issues; and (f) whether conducting a business of a like kind was the basis for, or a relevant factor in, previous unlawful conduct of the prisoner; and (g) whether there could be rehabilitative benefits for the prisoner. (4) The Director, if in his or her absolute discretion he or she considers it appropriate to do so, may withdraw a consent given under this section at any time. (5) No liability attaches to the Director or the Crown in respect of any consent given by the Director in good faith to a prisoner under this section or the withdrawal by the Director of any such consent. 34AC. Change of name (1) In this section – change of name application means an application to a Registrar for the registration of a change of a prisoner's or detainee's name; make an application, includes causing or allowing the application to be made on one's behalf; Register means the Tasmanian Register or the equivalent Register of another State or a Territory; Registrar means – (a) the Tasmanian Registrar; or (b) an authority responsible, under a law of another State or a Territory, for the registration of births, deaths and marriages; Tasmanian Register means the Register of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1999 ; Tasmanian Registrar means the Registrar of Births, Deaths and Marriages appointed or employed under section 4 of the Births, Deaths and Marriages Registration Act 1999 . (2) A prisoner or detainee must not make a change of name application without the consent of the Director, given specifically for that application. (3) In determining whether to give consent for a prisoner or detainee to make a change of name application, the Director may have regard to such matters as he or she thinks fit in the circumstances, including – (a) whether the proposed change of name could reasonably be expected to excite adverse community reaction, particularly from victims of crime; and (b) whether there is any risk that the proposed change of name could be used for unlawful or improper ends (including disguise or evasion); and (c) whether the proposed change of name could disrupt prison routine or compromise its management, good order or security; and (d) whether the prisoner or detainee has previously changed his or her name or has any history of using aliases; and (e) whether, so far as the Director is aware, every complaint or information alleging an offence by the prisoner or detainee against the law of any State or Territory or the Commonwealth has been finally dealt with. (4) The Director is to notify the relevant prisoner or detainee of a consent or refusal of consent under subsection (2) , and, in the latter case, the reasons for the refusal, as soon as practicable after that determination is made. (5) The Director is to notify the relevant Registrar and the secretary of the Board of a consent under subsection (2) , together with relevant particulars, as soon as practicable after that determination is made. (6) The Tasmanian Registrar is not to register a change of name if he or she is aware that the applicant for the change is a prisoner or detainee and the Tasmanian Registrar has not received the requisite notification under subsection (5) . (7) If a prisoner or detainee succeeds by any means in having a change of name registered in any State or Territory without being given the requisite consent under subsection (2) , the Director may apply to the relevant Registrar to correct the relevant Register by cancelling the relevant entry. (8) On receipt of an application under subsection (7) , the Tasmanian Registrar, unless prevented from so doing by an order of a court, is to correct the Tasmanian Register accordingly. (9) In the event of any inconsistency between the provisions of this section and those of the Births, Deaths and Marriages Registration Act 1999 , the provisions of this section prevail. PART 4A - Use of Force 34A. Managing use of force (1) The Director must ensure, as far as practicable, that the use of force in relation to the management of prisoners and detainees is always – (a) a last resort; and (b) in accordance with this Part. (2) The Director must make standing orders or an operating procedure in relation to the use of force, including provision in relation to the following: (a) the circumstances in which, and by whom, force may be used; (b) the kinds of force that may be used. (3) The power to make a standing order or an operating procedure includes power to make different provisions in relation to different matters or different classes of matters, and provisions that apply differently by reference to stated exceptions or factors. 34B. Authorised use of force (1) A correctional officer may use force that is necessary and reasonable for this Act, including for any of the following: (a) to compel compliance with a direction given in relation to a prisoner or detainee by the Director; (ab) to carry out, in relation to a prisoner or detainee, a search or examination, or search and examination, pursuant to an order of the Director given under section 22 ; (b) to act under section 28 ; (c) to prevent or stop the commission of an offence or disciplinary breach; (d) to prevent the escape of a prisoner or detainee; (e) to prevent unlawful damage, destruction or interference with property; (f) to defend the correctional officer or someone else; (g) to prevent a prisoner or detainee from inflicting self-harm; (h) any other thing prescribed by the regulations. (2) However, a correctional officer may use force only if the correctional officer believes, on reasonable grounds, that the purpose for which force may be used cannot be achieved in another way. 34C. Application of force (1) A correctional officer may use force under this Part only if the correctional officer – (a) gives a clear warning of the intended use of force; and (b) allows enough time for the warning to be observed; and (c) uses no more force than is necessary and reasonable in the circumstances; and (d) uses force, as far as practicable, in a way that reduces the risk of causing death or grievous bodily harm. (2) However, a correctional officer need not comply with subsection (1)(a) or (b) if, in urgent circumstances, the correctional officer believes, on reasonable grounds, that doing so would create a risk of injury to the correctional officer, the prisoner or detainee or any other person. 34D. Use of restraints or weapons (1) The use of force under this Part includes the use of restraints and weapons. (2) The Director must ensure, as far as practicable, that the use of force involving a restraint or weapon is proportionate to the circumstances, and in particular that – (a) the circumstances are sufficiently serious to justify the use; and (b) the kind of restraint or weapon is appropriate in the circumstances; and (c) the restraint or weapon is used appropriately in the circumstances. (3) The Director must also ensure that restraints and weapons are only used under this Part – (a) by correctional officers trained to use them; and (b) in accordance with standing orders or an operating procedure that applies to their use. (4) The Director must take all steps to ensure that potentially lethal force is not used under this Part unless the actions of a prisoner or detainee or other person are likely to cause death or serious injury. (5) In applying force under this Part, a correctional officer may use a restraint or weapon, including any of the following: (a) body contact, impact and restraint; (b) a mechanical restraining device; (c) a baton; (d) riot control equipment; (e) a chemical agent; (f) an electro-muscular disruption device or a conducted electrical weapon; (g) a distraction device; (h) a firearm; (i) any other thing prescribed by the regulations. 34E. Medical examination after use of force If force has been used under this Part, the Director must ensure that a prisoner or detainee affected by the use of force is examined as soon as practicable and that appropriate medical health care is available to the prisoner or detainee. 34F. Reporting use of force (1) The Director must keep a record of any incident involving the use of force under this Part that causes injury or death to anyone. (2) The record must contain details of the incident, including the circumstances, the reason for the decision to use force and the force used. (3) The Director must give a copy of the record to the Coordinator of the Official Visitors Scheme for the purpose of informing the official visitors as soon as practicable after the incident. PART 4B - Use of Mechanical Restraints not Requiring Force