CRIMINAL ADMINISTRATION ACT

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;