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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Correctional Services (Miscellaneous) Amendment
Bill 2009
A BILL FOR
An Act to amend the Correctional Services Act 1982; and to make
related amendments to the Young Offenders Act 1993 and the Youth
Court Act 1993.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Correctional Services
Act 1982
4 Amendment of section
4—Interpretation
5 Insertion of section
4A
4A Appointment of officers of Department
6 Repeal
of sections 17B and 17C
7 Amendment of section 20—Correctional
institutions must be inspected on regular basis
8 Amendment of section
23—Initial and periodic assessment of prisoners
9 Amendment of section
24—Chief Executive Officer has custody of prisoners
10 Amendment of
section 36—Power to keep prisoner apart from other
prisoners
11 Amendment of section 37A—Release on home
detention
12 Amendment of section 37B—Authorised
officers
13 Amendment of section 38—Release of prisoner from prison or
home detention
14 Amendment of section 41—Powers of Visiting
Tribunals
15 Amendment of section 42A—Minor breaches of prison
regulations
16 Amendment of section 43—Manager may deal with breaches
of prison regulations
17 Amendment of section 89—Regulations
Schedule 1—Related amendments
Part 1—Amendment of Young Offenders
Act 1993
1 Amendment of section
4—Interpretation
Part 2—Amendment of Youth Court
Act 1993
2 Amendment of section
3—Interpretation
3 Amendment of section 24—Persons who may be
present in Court
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Correctional Services (Miscellaneous)
Amendment Act 2009.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Correctional Services
Act 1982
4—Amendment of
section 4—Interpretation
Section 4—after subsection (1) insert:
(2) A reference in this Act to an officer of the Department
is 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 appointed
by the Minister as an officer of the Department under section 4A.
After section 4 insert:
4A—Appointment of officers of
Department
(1) The Minister may, for the purposes of this Act or any other Act, by
written notice, appoint a person to whom this section applies to be an officer
of the Department.
(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) an appointment 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
appointed as an officer of the Department.
(4) A person appointed under this section is excluded from the Public
Service.
6—Repeal of
sections 17B and 17C
Sections 17B and 17C—delete the sections
7—Amendment of
section 20—Correctional institutions must be inspected on regular
basis
Section 20(2) and (2a)—delete subsections (2) and (2a) and
substitute:
(2) The Governor may, on the recommendation of the Minister, by notice in
the Gazette, appoint a suitable person to be an inspector for the purposes of
this section.
8—Amendment of
section 23—Initial and periodic assessment of
prisoners
Section 23(2)—delete subsection (2) and substitute:
(2) The Minister may, for the purpose of assisting the Chief Executive
Officer in carrying out assessments under this section, establish such
committees as the Minister thinks fit.
9—Amendment of
section 24—Chief Executive Officer has custody of
prisoners
(1) Section 24(2)—after paragraph (b) insert:
; and
(c) to vary any such regime,
(2) Section 24—after subsection (2) insert:
(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.
10—Amendment of
section 36—Power to keep prisoner apart from other
prisoners
Section 36(9)—delete subsection (9) and substitute:
(9) If, under subsection (2), the Chief Executive Officer gives a
direction—
(a) that a prisoner be kept separately and apart for a period exceeding 5
days; or
(b) that will result in a prisoner being kept separately and apart for a
period exceeding 5 consecutive days, or an aggregate of 5 days within any 10 day
period,
the Chief Executive Officer must, as soon as reasonably practicable after
giving the direction, provide the Minister with a report of the circumstances
relating to the direction.
11—Amendment of
section 37A—Release on home detention
Section 37A(1)—delete "and the regulations"
12—Amendment of
section 37B—Authorised officers
Section 37B(5), penalty provision—delete the penalty provision and
substitute:
Maximum penalty: $5 000.
13—Amendment of
section 38—Release of prisoner from prison or home
detention
Section 38—after subsection (3) insert:
(3a) If—
(a) the Board orders the release of a prisoner from prison or home
detention on parole on a specified date; and
(b) pursuant to subsection (2), the Chief Executive Officer authorises the
release of the prisoner before that specified date,
the release of the prisoner on the authority of the Chief Executive Officer
will be on parole subject to the conditions imposed under this Act.
14—Amendment of
section 41—Powers of Visiting Tribunals
Section 41(2), penalty provision—delete the penalty provision and
substitute:
Maximum penalty: $7 500 or imprisonment for 3 months.
15—Amendment of
section 42A—Minor breaches of prison regulations
(1) Section 42A(2)(d)—delete "seven" and substitute:
10
(2) Section 42A(2)(e)—delete "seven" and substitute:
10
16—Amendment of
section 43—Manager may deal with breaches of prison
regulations
(1) Section 43(2)(b)—delete "28" and substitute:
35
(2) Section 43(2)(c)—delete "14" and substitute:
21
17—Amendment of
section 89—Regulations
(1) Section 89(2)—delete paragraph (d)
(2) Section 89(2)(j)—delete "or any other personal
property"
(3) Section 89(2)—after paragraph (j) insert:
(ja) prohibiting, restricting or regulating the holding or acquisition of
personal property (other than money) of prisoners, or of prisoners of a
particular class, (including the transfer, storage or disposal of such
property); and
(4) Section 89(2)(m)—delete "$2 500" and substitute:
$5 000
Part 1—Amendment of Young Offenders
Act 1993
1—Amendment of
section 4—Interpretation
Section 4—after the definition of offence to which this Act
applies insert:
officer of the Department includes a person appointed as an
officer of the Department of Correctional Services under section 4A of the
Correctional Services Act 1982;
Part 2—Amendment of Youth Court
Act 1993
2—Amendment of
section 3—Interpretation
Section 3, definition of Department—delete the
definition
3—Amendment of
section 24—Persons who may be present in Court
Section 24(1)—after paragraph (b) insert:
(ba) persons appointed as officers of the Department of Correctional
Services under section 4A of the Correctional Services
Act 1982;