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Contents (2008 - 376)
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Crimes (Administration of Sentences) Regulation 2008
Repealed version for 11 April 2014 to 31 August 2014 (accessed 8 April 2020 at 20:09)
Chapter 2 Part 2.5
Part 2.5 Correctional centre discipline
Division 1 Preliminary
117   Definition of “correctional centre offence”
A contravention by an inmate (whether by act or omission) of any of the following is declared to be a correctional centre offence for the purposes of Division 6 of Part 2 of the Act:
(a)  a provision of the Act,
(b)  an order or direction made under a provision of the Act,
(c)  a provision of this Regulation specified in Schedule 2.
118   Attempts
An attempt by an inmate to commit a correctional centre offence is to be dealt with in the same way as that offence and, for that purpose, is itself declared to be a correctional centre offence for the purposes of Division 6 of Part 2 of the Act.
Division 2 Maintenance of order and discipline
119   Maintenance of order and discipline generally
(1)  Order and discipline in a correctional centre are to be maintained with firmness, but with no more restriction or force than is required for safe custody and well-ordered community life within the centre.
(2)  A correctional officer must endeavour to control inmates by showing them example and leadership and by enlisting their willing co-operation.
(3)  At all times the treatment of inmates is to be such as to encourage self-respect and a sense of personal responsibility.
120   Directions relating to order or discipline
(1)  Directions for the purpose of maintaining good order and discipline:
(a)  may be given to inmates by the Commissioner, by the general manager of a correctional centre or by a correctional officer, and
(b)  may be given orally or in writing.
(2)  An inmate must not refuse or fail to comply with a direction under this clause.
Note.
 Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.
121   Use of force in dealing with inmates
(1)  In dealing with an inmate, a correctional officer may use no more force than is reasonably necessary in the circumstances, and the infliction of injury on the inmate is to be avoided if at all possible.
(2)  The nature and extent of the force that may be used in relation to an inmate are to be dictated by circumstances, but must not exceed such force as is necessary for control and protection, having due regard to the personal safety of correctional officers and others.
(3)  If an inmate is satisfactorily restrained, the only force that may be used against the inmate is such as is necessary to maintain that restraint.
(4)  Subject to subclauses (1)–(3), a correctional officer may have recourse to force for the following purposes:
(a)  to search, where necessary, an inmate or to seize a dangerous or harmful article,
(b)  to prevent the escape of an inmate,
(c)  to prevent an unlawful attempt to enter a correctional centre by force or to free an inmate,
(d)  to defend himself or herself if attacked or threatened with attack, but only if the officer cannot otherwise protect himself or herself from harm,
(e)  to protect other persons (including correctional officers, departmental officers, inmates and members of the public) from attack or harm, but only if there are no other immediate or apparent means available for their protection,
(f)  to avoid an imminent attack on the correctional officer or some other person, but only if there is a reasonable apprehension of such an attack,
(g)  to prevent an inmate from injuring himself or herself,
(h)  to ensure compliance with a proper order, or maintenance of discipline, but only if an inmate is failing to co-operate with a lawful correctional centre requirement in a manner that cannot otherwise be adequately controlled,
(i)  to move inmates who decline or refuse to move from one location to another in accordance with a lawful order,
(j)  to achieve the control of inmates acting in a defiant manner,
(k)  to avoid imminent violent or destructive behaviour by inmates,
(l)  to restrain violence directed towards the correctional officer or other persons by an uncontrollable or disturbed inmate,
(m)  to prevent or quell a riot or other disturbance,
(n)  to deal with any other situation that has a degree of seriousness comparable to that of the situations referred to in paragraphs (a)–(m).
(5)  Subclause (4) does not limit the operation of any law with respect to the force that may be used to effect an arrest.
122   Use of equipment for restraining inmates
(1)  With the concurrence of the general manager, a correctional officer may use handcuffs, security belts, batons, chemical aids and firearms for the purpose of restraining inmates.
(2)  With the concurrence of the Commissioner, a correctional officer may also use the following equipment for the purpose of restraining inmates:
(a)  anklecuffs,
(b)  such other articles (other than chains or irons) as may be approved by the Commissioner for use for that purpose.
123   Report on use of force
(1)  Any correctional officer who uses force on an inmate must immediately furnish a report about the use of force to the general manager.
(2)  The report:
(a)  must be in writing, and
(b)  must specify the name or names of the inmate or inmates and the name or names of the correctional officer or correctional officers involved in the use of force, and
(c)  must specify the location where the use of force occurred, and
(d)  must describe the nature of the force used and the circumstances requiring its use, and
(e)  must be signed by the correctional officer involved in the use of force.
(3)  This clause does not require a correctional officer to furnish information in a report if it is impossible or impracticable for the officer to obtain the information.
Division 3 Particular offences
124   Contravention of conditions of leave
An inmate the subject of a local leave order, local leave permit or interstate leave permit must not contravene any condition to which the order or permit is subject.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
125   Concealment for escape
An inmate must not conceal himself or herself for the purpose of effecting an escape or enabling any other inmate to effect an escape.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
126   Concealment of certain items
An inmate must not make, conceal or have in possession anything for use for the purpose of effecting an escape or committing an offence, or enabling any other inmate to effect an escape or commit an offence.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
127   Possession of offensive weapon or instrument
(1)  An inmate must not have an offensive weapon or instrument in his or her possession.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
(2)  In this clause, offensive weapon or instrument has the same meaning as it has in section 4 (1) of the Crimes Act 1900.
128   Intimidation
(1)  An inmate must not use insulting, abusive or threatening language to or in the presence of another person.
(2)  An inmate must not threaten to damage or destroy any property of another person.
(3)  An inmate must not otherwise behave in a threatening manner towards another person.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
129   Indecency
(1)  An inmate must not act indecently, or behave in an obscene manner, in the presence of or towards any other person.
(2)  An inmate must not engage in unwelcome conduct of a sexual nature in relation to any other person in circumstances that are likely to cause the other person to feel humiliated, intimidated or offended.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
130   Riots
An inmate must not participate in a riot or incite any other inmate to participate in a riot.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
131   Physical aggression
(1)  An inmate must not assault any other person or incite any other inmate to assault any other person.
(2)  An inmate must not engage in wrestling, sparring, fighting or other physical combat with any other inmate.
(3)  An inmate must not throw an article, or operate a device from which an article is projected, so as to cause a risk of injury to any person or of damage to any property.
(4)  Subclauses (2) and (3) do not prevent an inmate from engaging in any activity as a necessary incident of taking part in training or a contest or other sporting event organised for inmates by an authorised officer.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
132   General property offences
(1)  An inmate must not steal the property of any other person.
(2)  An inmate must not damage or destroy any property (other than property of the inmate).
(3)  An inmate must not introduce into food or drink intended for human consumption anything liable to render it unpalatable or unwholesome.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
133   Hindering or obstructing dogs
An inmate must not hinder or obstruct a dog being used to assist in maintaining the good order and security of a correctional centre.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
134   Causing harm to animal, bird or reptile
An inmate must not cause harm to any animal, bird or reptile.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
135   Correctional centre property offences
Unless authorised to do so by the Commissioner, the general manager of the correctional centre or a correctional officer, an inmate must not alter, remove or otherwise interfere with or be in possession of:
(a)  any lock, key, bolt, bar, ventilator or other correctional centre fixture or fitting, or
(b)  any fire extinguisher, firehose, restraining equipment, electrical installation or any other appliance, equipment or property in or used in the correctional centre or the structure of the correctional centre, or
(c)  any notice exhibited at the correctional centre, or
(d)  any inmate’s cell card, or
(e)  any other document or thing used by the general manager or a correctional officer for the purpose of administration of the centre,
except in so far as it is reasonably necessary to do so in observing the normal routine of the centre.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
136   Tattooing
An inmate must not:
(a)  make a tattoo on himself or herself or any other inmate, or
(b)  consent to being tattooed by any other inmate.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
137   Gambling
An inmate must not organise or participate in any form of gambling.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
138   Alcohol
(1)  An inmate must not consume, or have in his or her possession, any alcohol or other intoxicating substance or any substance reasonably capable of becoming (by fermentation or distillation) an intoxicating substance.
(2)  An inmate must not prepare or manufacture alcohol or any other intoxicating substance.
(3)  An inmate is not to be regarded as contravening subclause (1):
(a)  if the inmate has the alcohol or other substance in his or her possession for consumption or use on the advice of a registered medical practitioner, registered dentist or registered nurse given for medical, dental or nursing reasons, or
(b)  if the inmate consumes the alcohol or other substance:
(i)  in accordance with the instructions of the medical practitioner, dentist or nurse, or
(ii)  as an ordinary incident of participating in a religious service conducted at a correctional centre with the consent of the general manager.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
139   Possession of drugs
(1)  An inmate must not have any drug in his or her possession.
(2)  An inmate is not to be regarded as having contravened this clause if the inmate has the drug in his or her possession for use on the advice of a registered medical practitioner, registered dentist or registered nurse given for medical, dental or nursing reasons.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
140   Administration of drugs
(1)  An inmate must not:
(a)  administer any drug to himself or herself or any other person, or
(b)  consent to being administered any drug by any other person.
(2)  An inmate is not to be regarded as having contravened this clause if the drug has been administered by or in accordance with the instructions of a registered medical practitioner, registered dentist or registered nurse given for medical, dental or nursing reasons.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
141   Possession of drug implements
(1)  An inmate must not have in his or her possession any needle, syringe, smoking accessory or other implement intended for use in the administration of a drug.
(2)  An inmate is not to be regarded as having contravened this clause if the implement has been in the possession of the inmate for the purposes of:
(a)  the administration of a drug in accordance with the instructions of a registered medical practitioner or registered dentist given for medical or dental reasons, or
(b)  taking a drug lawfully supplied by a registered medical practitioner, registered dentist or registered nurse for medical, dental or nursing reasons.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
142   Self-intoxication
An inmate must not deliberately consume or inhale any intoxicating substance.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
143   Failing prescribed urine tests
(1)  An inmate contravenes this clause if the result of a prescribed urine test:
(a)  shows the presence of a drug in the inmate’s urine, and
(b)  indicates that the drug has been administered to the inmate (whether by the inmate or by another person) while the inmate has been an inmate.
(2)  An inmate is not to be regarded as having contravened this clause if the drug has been administered by or in accordance with the instructions of a registered medical practitioner, registered dentist or registered nurse given for medical, dental or nursing reasons.
(3)  In this clause, prescribed urine test means a urine test carried out in accordance with directions given by the general manager of a correctional centre or a correctional officer holding office or acting in a rank that is of or above the rank of Chief Correctional Officer.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
144   Smoking
An inmate must not:
(a)  smoke in a non-smoking area, or
(b)  alter, damage or remove any sign or notice relating to a non-smoking area or to an authorised smoking area.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
145   Bribery
An inmate must not:
(a)  offer, make or give to a correctional officer or departmental officer any payment, gratuity or present, or
(b)  offer to provide or provide a service to a correctional officer or departmental officer,
in consideration or for the purpose that the officer will neglect his or her duty, give preferred treatment or act in any other way that is inconsistent with the proper discharge of the person’s duties.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
146   Obstruction
An inmate must not wilfully hinder or obstruct a correctional officer in the performance of the officer’s duties.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
Division 4 Testing for alcohol or drugs
147   Breath testing
(1)  On forming a suspicion that an inmate has recently consumed or is under the influence of alcohol or any other intoxicating substance, a correctional officer or other person having supervision of the inmate may require the inmate to undergo a breath test.
(2)  An inmate must not refuse or fail to comply with a requirement under this clause.
Note.
 Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.
148   Evidence as to presence of alcohol or intoxicating substance
(1)  In any proceedings for a correctional centre offence that are being dealt with under the Act by the general manager or a Visiting Magistrate, being proceedings in which it is alleged that an inmate has consumed alcohol or any other intoxicating substance, a certificate signed by an authorised officer to the effect that:
(a)  an inmate named in the certificate submitted to a breath test, and
(b)  the breath test was given on the day and completed at the time stated in the certificate, and
(c)  there was a measurable quantity of alcohol or any other intoxicating substance present in the inmate’s breath or blood, as determined by the breath test, on the date and at the time stated in the certificate,
is admissible in evidence of the facts so certified.
(2)  In any such proceedings, evidence of:
(a)  the condition of the device by means of which the breath test was carried out, or
(b)  the manner in which the breath test was carried out,
is not required unless evidence that the device was not in proper condition or that the test was not properly carried out has been adduced.
149   Urine sample where drug use suspected
(1)  On forming a suspicion that an inmate:
(a)  has been administered (whether by himself or herself or otherwise) with a drug, or
(b)  is under the influence of a drug,
a correctional officer holding office or acting in a rank that is of or above the rank of Chief Correctional Officer may require the inmate to supply a sample of urine for testing or analysis and give directions as to how the sample is to be supplied.
(2)  The directions may require the inmate to comply with directions given by a correctional officer as to how the sample is to be supplied.
(3)  An inmate must not refuse or fail to comply with a direction under this clause.
Note.
 Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.
(4)  A urine test must be carried out by a government analyst.
(5)  In any proceedings for a correctional centre offence that are being dealt with under the Act by the general manager or a Visiting Magistrate, being proceedings in which it is alleged that a requirement was made under subclause (1), a certificate signed by an authorised officer to the effect that such a requirement was made:
(a)  for a specified inmate, or
(b)  for all inmates of a specified class,
is admissible in evidence of the facts so certified.
150   Urine sample whether or not drug use suspected
(1)  A correctional officer holding office or acting in a rank that is of or above the rank of Chief Correctional Officer may require an inmate to supply for testing or analysis a sample of urine and give directions as to how the sample is to be supplied.
(2)  The directions may require the inmate to comply with directions given by a correctional officer as to how the sample is to be supplied.
(3)  An inmate must not refuse or fail to comply with a direction under this clause.
Note.
 Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.
(4)  A urine test must be carried out by a government analyst.
(5)  A sample may be required under this clause and tested for the presence of a drug even though the inmate concerned may not be reasonably suspected of having administered a drug to himself or herself or of being under the influence of a drug.
151   Evidence as to use of drugs
(1)  In any proceedings for a correctional centre offence that are being dealt with under the Act by the general manager or a Visiting Magistrate, being proceedings in which it is alleged that an inmate has been under the influence of a drug or that a drug has been present in the inmate’s urine, a certificate signed by an authorised officer to the effect that:
(a)  the correctional officer received a sample of urine obtained in a specified manner, or
(b)  the correctional officer arranged for the sample to be submitted for analysis by a government analyst to determine the presence of any drugs in the inmate’s body or urine, or
(c)  the container was sealed, and marked or labelled, in a specified manner,
is admissible in evidence of the facts so certified.
(2)  In any such proceedings, a certificate signed by a government analyst to the effect that, on a specified day:
(a)  the analyst received for analysis a container holding a sample of urine, or
(b)  the container, when received, was sealed with an unbroken seal, and was marked or labelled in a specified manner, or
(c)  the analyst carried out an analysis of the sample to determine the presence of drugs in the urine, or
(d)  the analyst determined that a specified drug was present or was present to a specified extent in the urine, or
(e)  the analyst was, at the time of the analysis, a government analyst,
is admissible in evidence of the facts so certified.
(3)  In any such proceedings:
(a)  evidence that a government analyst received a container holding a sample of urine, being a container that was marked or labelled to indicate that it held a sample of urine obtained from a specified inmate on a specified day, is evidence that the sample was a sample of urine obtained from that inmate on that day, and
(b)  evidence that the container, when received, was sealed with an unbroken seal is evidence that the sample had not been tampered with before it was received by the government analyst.
152   Supply of test results to Justice Health
The Commissioner may provide results of positive urine tests to:
(a)  the Chief Executive Officer, Justice Health, and
(b)  in the case of tests on serious offenders, the Review Council.
Division 5 Punishments
153   Definition of “withdrawable privilege”
The following privileges or amenities are declared to be withdrawable privileges for the purposes of Division 6 of Part 2 of the Act:
(a)  attendance at the showing of films or videos or at concerts or other performances,
(b)  participation in or attendance at any other organised leisure time activity,
(c)  use of, or access to, films, video tapes, records, cassettes, CDs or DVDs,
(d)  use of, or access to, television, radio or video, cassette, CD or DVD players, whether for personal use or for use as a member of a group,
(e)  use of, or access to, a musical instrument, whether for personal use or for use as a member of a group,
(f)  use of library facilities, except in so far as their use is necessary to enable study or research to be undertaken by an inmate in the inmate’s capacity as a student who is enrolled in a course of study or training,
(g)  ability to purchase goods,
(h)  keeping of approved personal property,
(i)  pursuit of a hobby,
(j)  use of telephone, except for calls to legal practitioners and exempt bodies,
(k)  participation in contact visits,
(l)  permission to be absent from a correctional centre under a local leave permit or interstate leave permit.
154   Prohibited punishments
(1)  An inmate must not:
(a)  be put in a dark cell, or under mechanical restraint, as a punishment, or
(b)  be subjected to:
(i)  solitary confinement, or
(ii)  corporal punishment, or
(iii)  torture, or
(iv)  cruel, inhumane or degrading treatment, or
(c)  be subjected to any other punishment or treatment that may reasonably be expected to adversely affect the inmate’s physical or mental health.
(2)  For the purposes of subclause (1) (b) (i):
(a)  segregating an inmate from other inmates under section 10 of the Act, and
(b)  confining an inmate to cell in accordance with an order under section 53 or 56 of the Act, and
(c)  keeping an inmate separate from other inmates under this Regulation, and
(d)  keeping an inmate alone in a cell, where a nursing officer considers that it is desirable in the interest of the inmate’s health to do so,
are not solitary confinement.