CORRECTIONAL SERVICES ACT 1982
Reprint No. 1¾1.7.91
Reprint No. 2¾19.12.91
Reprint No. 3¾6.7.92
Reprint No. 4¾30.9.92 [New Parts 1, 4, 6, 7, 8 and Appendices]
Reprint No. 5¾26.8.93 [New Parts 4, 8 and Appendices]
Reprint No. 6¾1.1.94 [New Part 6 and Appendices]
Reprint No. 7¾31.3.94 [New Part 4 and Appendices]
Reprint No. 8¾1.8.94 [Whole Act replaced]
Reprint No. 9¾20.4.95 [New Parts 4, 6, 8 and Appendices]
Reprint No. 10¾30.10.95 [New Parts 1, 6 and Appendices]
Reprint No. 11¾8.8.96 [New Parts 4, 5, 6, 8 and Appendix]
Reprint No. 12¾3.10.99 [New Parts 1, 4, 6, 8 and Appendix]
Reprint No. 13¾6.3.00 [New Parts 1, 4 and Appendix]
Reprint No. 14¾1.7.00 [New Parts 1, 6 and Appendix]
Reprint No. 15¾14.8.00 [New Part 5 and Appendix]
Reprint No. 16¾1.1.03 [Whole Act replaced]
[Each
Part is numbered from page 1. Subscribers to the Consolidation Service will
receive complete replacement Parts incorporating amendments to this Act as
they come into force.]
(Reprint No. 16)
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; and for other purposes.
This Act is published under the Legislation Revision and Publication Act 2002 and incorporates all amendments in force as at 1 January 2003.
Please note¾References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
CORRECTIONAL SERVICES ACT 1982
being
Correctional Services Act 1982 No. 48 of 1982
[Assented to 29 April 1982]1
as amended by
Correctional Services Act Amendment Act 1983 No. 67 of 1983 [Assented to 13 October 1983]2
Correctional Services Act Amendment Act 1984 No. 94 of 1984 [Assented to 20 December 1984]2
Correctional Services Act Amendment Act 1985 No. 66 of 1985 [Assented to 6 June 1985]2
Statutes Amendment (Parole) Act 1986 No. 69 of 1986 [Assented to 20 November 1986]3
Correctional Services Act Amendment Act 1986 No. 98 of 1986 [Assented to 11 December 1986]4
Correctional Services Act Amendment Act 1987 No. 22 of 1987 [Assented to 16 April 1987]
Correctional Services Act Amendment Act 1988 No. 36 of 1988 [Assented to 28 April 1988]
Statutes Amendment and Repeal (Sentencing) Act 1988 No. 51 of 1988 [Assented to 5 May 1988]5
Statute Law Revision Act 1989 No. 39 of 1989 [Assented to 4 May 1989]6
Correctional Services Act Amendment Act 1990 No. 30 of 1990 [Assented to 26 April 1990]7
Statute Law Revision Act (No. 2) 1990 No. 54 of 1990 [Assented to 22 November 1990]8
Correctional Services Act Amendment Act (No. 2) 1990 No. 76 of 1990 [Assented to 20 December 1990]9
Correctional Services (Drug Testing) Amendment Act 1991 No. 52 of 1991 [Assented to 28 November 1991]10
Statutes Amendment (Sentencing) Act 1992 No. 34 of 1992 [Assented to 21 May 1992]11
Statutes Amendment and Repeal (Public Offences) Act 1992 No. 35 of 1992 [Assented to 21 May 1992]12
Correctional Services (Control of Prisoners' Spending) Amendment Act 1993 No. 65 of 1993 [Assented to 26 August 1993]
Statutes Amendment (Abolition of Compulsory Retirement) Act 1993 No. 75 of 1993 [Assented to 21 October 1993]13
Correctional Services (Prisoners' Goods) Amendment Act 1994 No. 4 of 1994 [Assented to 31 March 1994]
Statutes Amendment (Truth in Sentencing) Act 1994 No. 35 of 1994 [Assented to 2 June 1994]14
Statutes Amendment (Correctional Services) Act 1995 No. 21 of 1995 [Assented to 20 April 1995]15
Statutes Amendment (Paedophiles) Act 1995 No. 51 of 1995 [Assented to 27 July 1995]16
Correctional Services (Miscellaneous) Amendment Act 1996 No. 12 of 1996 [Assented to 24 April 1996]17
Statutes Amendment (Fine Enforcement) Act 1998 No. 60 of 1998 [Assented to 3 September 1998]18
Statutes Amendment and Repeal (Justice Portfolio) Act 1999 No. 42 of 1999 [Assented to 5 August 1999]19
Statutes Amendment (Warrants of Apprehension) Act 2000 No. 18 of 2000 [Assented to 1 June 2000]20
Statutes Amendment and Repeal (Attorney-General's Portfolio) Act 2000 No. 57 of 2000 [Assented to 20 July 2000]21
Victims of Crime Act 2001 No. 58 of 2001 [Assented to 15 November 2001]22
|
NOTE: × Asterisks indicate repeal or deletion of text. × Entries appearing in bold type indicate the amendments incorporated since the last reprint. × For the legislative history of the Act see Appendix.
|
1 Came into operation 19 August 1985: Gaz. 8 August 1985, p. 334.
2 Came into operation 19 August 1985: Gaz. 8 August 1985, p. 336.
3 Came into operation 8 December 1986: Gaz. 27 November 1986, p. 1700.
4 Came into operation 1 January 1987: Gaz. 18 December 1986, p. 1876.
5 Came into operation (except ss. 3‑6, 12, 15‑20, 22‑27, 30‑39, 41‑68 and 70‑78) 12 May 1988: Gaz. 12 May 1988, p. 1181; ss. 3 and 4 came into operation 8 September 1988: Gaz. 8 September 1988, p. 994; remainder of Act came into operation 1 January 1989: Gaz. 15 December 1988, p. 2009.
6 Came into operation (except Sched. 2) 19 June 1989: Gaz. 25 May 1989, p. 1395.
7 Came into operation 17 May 1990: Gaz. 17 May 1990, p. 1359.
8 Came into operation (except Scheds. 2, 3 and 4) 22 November 1990: s. 2(1); Sched. 2 came into operation 1 August 1990: s. 2(2).
9 Came into operation 21 December 1990: Gaz. 20 December 1990, p. 1841.
10 Came into operation 19 December 1991: Gaz. 19 December 1991, p. 1903.
11 Came into operation 30 September 1992: Gaz. 24 September 1992, p. 1150.
12 Came into operation 6 July 1992: Gaz. 2 July 1992, p. 209.
13 Came into operation 1 January 1994: s. 2.
14 Came into operation 1 August 1994: Gaz. 14 July 1994, p. 69.
15 Came into operation (except s. 4) on assent: s. 2(1); s. 4 came into operation 1 August 1994: s. 2(2).
16 Came into operation 30 October 1995: Gaz. 21 September 1995, p. 783.
17 Came into operation 8 August 1996: Gaz. 1 August 1996, p. 220.
18 Part 2 (ss. 4-6) came into operation 6 March 2000: Gaz. 18 November 1999, p. 2358.
19 Part 5 (ss. 25-32) came into operation 3 October 1999: Gaz: 23 September 1999, p. 1208.
20 Part 2 (s. 4) came into operation 1 July 2000: Gaz. 15 June 2000, p. 3131.
21 Part 3 (ss. 5 & 6) came into operation 14 August 2000: Gaz. 10 August 2000, p. 444.
22 Sched. 2 (cl. 1) came into operation 1 January 2003: Gaz. 19 December 2002, p. 4736.
SUMMARY OF PROVISIONS
PART 1
PRELIMINARY
1. Short title
4. Interpretation
PART 2
CORRECTIONAL SERVICES
DIVISION 1¾ADMINISTRATION
7. Power of Minister and Chief Executive Officer to delegate
8. Use of volunteers in the administration of this Act
9. Annual report of Chief Executive Officer
DIVISION 2¾THE CORRECTIONAL SERVICES ADVISORY COUNCIL
10. Continuation of the Advisory Council
11. Term of office of members
12. Allowances and expenses
13. Removal from and vacancies of office
14. Manner in which business of the Advisory Council must be conducted
15. Functions of the Advisory Council
16. Annual report
DIVISION 3¾VISITING TRIBUNALS
17. Establishment of Visiting Tribunals
DIVISION 4¾COMMUNITY SERVICE ADMINISTRATION
17A. Establishment of community service centres
17B. The community service advisory committee
17C. Community service committees
17D. Insurance cover to be provided by Minister
DIVISION 5¾PROBATION HOSTELS
17E. Establishment of probation hostels
PART 3
CORRECTIONAL INSTITUTIONS
DIVISION 1¾ESTABLISHMENT 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 2¾INSPECTION OF CORRECTIONAL INSTITUTIONS
20. Correctional institutions must be inspected on a regular basis
PART 4
IMPRISONMENT
DIVISION 1¾ADMISSION 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 3¾ASSESSMENT OF PRISONERS
23. Initial and periodic assessment of prisoners
DIVISION 4¾CUSTODY OF PRISONERS
24. Chief Executive Officer has custody of prisoners
DIVISION 5¾TRANSFER 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
28. Removal of prisoner for criminal investigation, attendance in court, etc.
DIVISION 6¾MANAGEMENT OF PRISONERS
29. Prison work
30. Prison education
31. Prisoner allowances and other money
32. Purchase of items of personal use by prisoners
33. Prisoners' mail
33A. Prisoners' goods
34. Prisoners' rights to have visitors
35. Prisoners' rights to access to legal aid and legal services
36. Power to keep a prisoner apart from all other prisoners
37. Search of prisoners
37AA. Drug testing of prisoners
DIVISION 6A¾HOME DETENTION
37A. Release of eligible prisoners on home detention
37B. Authorised officers
37C. Revocation of release
37D. Crown not liable to maintain prisoners on home detention
DIVISION 7¾RELEASE OF PRISONERS FROM PRISON
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 1¾POWERS OF VISITING TRIBUNALS
41. Powers of a Visiting Tribunal
42. Immunity from liability of persons who constitute Visiting Tribunals
DIVISION 2¾BREACHES OF REGULATIONS
42A. Minor breaches of prison regulations
43. Manager may deal with breaches of prison regulations
44. Manager may refer any matter to a Visiting Tribunal
45. Procedure at inquiries under this Division
46. Appeals against penalties imposed by managers
47. Appeals against orders of Visiting Tribunals
48. Justices Act does not apply to proceedings under this Division
49. Manager may delegate power to deal with breaches of prison regulations
DIVISION 4¾PRISONERS 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 by officers of the Department
PART 6
PAROLE
DIVISION 1¾THE PAROLE BOARD
55. Continuation of the 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 the Board and immunity of its members
61. Judicial notice of Board documents
62. Appointment of secretary to the Board
63. Powers of the Board
64. Reports by the Board
DIVISION 3¾RELEASE ON PAROLE
66. Release on parole¾prisoners imprisoned for less than five years
67. Release on parole¾prisoners imprisoned for five years or more
68. Conditions of release on parole
69. Duration of parole in relation to prisoners other than life prisoners
70. Duration of parole for life prisoners
71. Variation or revocation of parole conditions
72. Discharge from parole of prisoners other than life prisoners
73. Automatic cancellation of parole for breach of designated conditions
74. Cancellation of release on parole by Board for breach of conditions other than designated conditions
74AA. Board may impose community service for breach of non‑designated conditions
74A. Suspension of parole while serving imprisonment for offence committed before release on parole
75. Automatic cancellation of parole upon imprisonment for offence committed while on parole
76. Apprehension, etc., of parolees
77. Proceedings before the Board
PART 8
MISCELLANEOUS
83. Managers may make rules
84. Managers to comply with the execution of process
85. Execution of warrants
85A. Manager of correctional institution may refuse entry to or cause the eviction of certain persons
85B. Power of search and arrest
85C. Confidentiality
85D. Release of information to victims, etc.
86. Prison officers may use reasonable force in certain cases
86A. Immunity from liability
87. Certain persons may enter and inspect correctional institutions
88. Minister may acquire land
88A. Summary offences
88B. Evidentiary provision
89. Regulations
APPENDIX
LEGISLATIVE HISTORY
The Parliament of South Australia enacts as follows:
Part 1¾Preliminary
Short title
1. This Act may be cited as the Correctional Services Act 1982.
* * * * * * * * * *
Interpretation
4. (1) In this Act, unless the contrary intention appears¾
"Aboriginal people" means the people who inhabited Australia before European colonisation;
"Aborigine" means a descendant of the Aboriginal people who is accepted as a member by a group in the community who claim descent from the Aboriginal people;
"the Advisory Council" means the Correctional Services Advisory Council;
"the Board" means the Parole Board of South Australia;
"the Chief Executive Officer" means the person holding or acting in the position of Chief Executive Officer of the Department;
"child sexual offence" means any of the following offences committed against or in relation to a child under 16 years of age (including a substantially similar offence against the law of another place):
(a) rape;
(b) indecent assault;
(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 section 58A 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;
"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;
"the Department" means the Department for Correctional Services;
"designated condition", in relation to release on parole, means a condition of the parole that is designated by the Board as a condition the breach of which will result in automatic cancellation of parole;
"drug" means¾
(a) a drug of dependence or prohibited substance, as defined in the Controlled Substances Act 1984; or
(b) a substance, generally supplied on prescription only, declared by the regulations to be a drug for the purposes of this Act;
"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;
"non‑parole period" means a period fixed by a court as a period during which a prisoner may not be released on parole;
"police prison" means premises declared to be a police prison under Part 3;
"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;