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.

Contents
Part 1—Preliminary
1	Short title
4	Interpretation
4A	Appointment of officers of Department
5	Victims Register
Part 2—Correctional services
Division 1—Administration
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 2—The 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 3—Visiting Tribunals
17	Establishment of Visiting Tribunals
Division 4—Community service administration
17A	Establishment of community service centres
17D	Insurance cover to be provided by Minister
Division 5—Probation hostels
17E	Establishment of probation hostels
Part 3—Correctional institutions
Division 1—Establishment 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 2—Inspection of correctional institutions
20	Correctional institutions must be inspected on regular basis
Part 4—Imprisonment
Division 1—Admission 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 3—Assessment of prisoners
23	Initial and periodic assessment of prisoners
Division 4—Custody of prisoners
24	Chief Executive Officer has custody of prisoners
Division 5—Transfer 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
27A	Interstate leave of absence
28	Removal of prisoner for criminal investigation, attendance in court etc
Division 6—Management of prisoners
29	Work by prisoners
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 prisoner apart from other prisoners
37	Search of prisoners
37AA	Drug testing of prisoners
Division 6A—Home detention
37A	Release on home detention
37B	Authorised officers
37C	Revocation of release
37D	Crown not liable to maintain prisoners on home detention
Division 7—Release 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 1—Powers of Visiting Tribunals
41	Powers of Visiting Tribunals
42	Immunity from liability of persons who constitute Visiting Tribunals
Division 2—Breaches 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	Summary Procedure Act does not apply to proceedings under this Division
49	Manager may delegate power to deal with breaches of prison regulations
Division 4—Prisoners 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
Part 6—Parole
Division 1—The Parole Board
55	Continuation of 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 Board
Division 3—Release on parole
66	Automatic release on parole for certain prisoners
67	Release on parole by application to the Board
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
82	Unauthorised dealings with prisoners prohibited
83	Managers may make rules
84	Managers to comply with the execution of process
85	Execution of warrants
85A	Exclusion of persons from correctional institution
85B	Power of search and arrest of non-prisoners
85C	Confidentiality
85D	Release of information to registered victims etc
86	Prison officers may use reasonable force in certain cases
87	Certain persons may enter and inspect correctional institutions
88	Minister may acquire land
88A	Summary offences
88B	Evidentiary provision
89	Regulations
Schedule 1—Application of Truth in Sentencing Act amendments
1	Interpretation
2	Truth in sentencing clarification
Legislative history

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Correctional Services Act 1982.
4—Interpretation
	(1)	In this Act, unless the contrary intention appears—
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;
alcotest means a test, by means of apparatus approved for the purpose of conducting alcotests under the Road Traffic Act 1961, by which the presence of alcohol in the blood of a person who exhales into the apparatus is indicated;
analyst has the same meaning as in the Controlled Substances Act 1984;
biological sample means a sample of urine, saliva or sweat;
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 an offence under the Criminal Law Consolidation Act 1935 of the following kind committed against or in relation to a child under 16 years of age (including a substantially similar offence against a corresponding previous enactment or the law of another place):
	(a)	rape;
	(ab)	compelled sexual manipulation;
	(b)	indecent assault;
	(ba)	persistent sexual exploitation of a child;
	(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 Part 3 Division 11A 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;
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
drug means—
	(a)	alcohol; or
	(b)	a substance that is a prescription drug or a controlled drug under the Controlled Substances Act 1984;
drug test means an alcotest or a prescribed procedure; and drug testing has a corresponding meaning;
immediate family of a victim means—
	(a)	a spouse or domestic partner;
	(b)	a parent;
	(c)	a grandparent;
	(d)	a child (including an adult child);
	(e)	a grandchild (including an adult grandchild);
	(f)	a brother or sister;
injury means physical or mental injury, and includes pregnancy, mental shock and nervous shock;
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;
nearest police station, in relation to a person who has been arrested without warrant under this Act, means the police station nearest to the place of arrest at which facilities are continuously available for the care and custody of the person arrested;
non-parole period means a period fixed by a court as a period during which a prisoner may not be released on parole;
parent includes a person who stands in the position, and undertakes the responsibilities, of a parent;
police prison means premises declared to be a police prison under Part 3;
prescribed procedure means a procedure, prescribed by regulation, consisting of the taking of a biological sample from a person for analysis for the purpose of ascertaining the presence of a drug in the body of the person from whom the sample was taken;
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;
registered victim includes a member of a victim's immediate family whose name is entered in the Victims Register;
remand prisoner means a person remanded in custody awaiting trial or sentence;
sentence of indeterminate duration means detention in custody until further order of a court;
sexual offence means an offence under the Criminal Law Consolidation Act 1935 of the following kind (including a substantially similar offence against a corresponding previous enactment or the law of another place):
	(a)	rape;
	(ab)	compelled sexual manipulation;
	(b)	indecent assault;
	(ba)	persistent sexual exploitation of a child;
	(c)	incest;
	(d)	an offence involving unlawful sexual intercourse;
	(e)	an offence involving an act of gross indecency;
	(f)	an offence against Part 3 Division 12 of the Criminal Law Consolidation Act 1935;
	(g)	an attempt to commit, or assault with intent to commit, any of the offences referred to in the above paragraphs;
	(h)	any other offence (such as homicide or abduction), if there are reasonable grounds to believe that a sexual offence was also committed by the same person in the course of, or as part of the events surrounding, the commission of that offence,
and includes any other offence that is a child sexual offence;
spouse—a person is the spouse of another if they are legally married;
victim of an offence means a person who suffers injury as a result of the offence;
Victims Register—see section 5;
VIC levy means a levy imposed under the Victims of Crime Act 2001 or a corresponding previous law;
Visiting Tribunal, in relation to a correctional institution, means a Visiting Tribunal established under this Act in respect of that institution.
	(2)	A reference in this Act to an officer of the Department includes 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 designated by the Minister as an officer of the Department under section 4A.
4A—Appointment of officers of Department
	(1)	The Minister may, by written notice, designate a person to whom this section applies as a person who is to be taken to be an officer of the Department for the purposes of this Act, the Prisoners (Interstate Transfer) Act 1982 and any other prescribed Act.
	(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)	a designation 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 designated as an officer of the Department.
	(4)	Section 74 of the Public Sector Act 2009 does not apply to a person designated under subsection (1).
5—Victims Register
	(1)	The Chief Executive Officer must keep a Victims Register for the purposes of this Act.
	(2)	The victim of an offence for which a prisoner is serving a sentence of imprisonment or, if the victim is dead or under an incapacity or in prescribed circumstances, a member of the victim's immediate family, may apply in writing to the Chief Executive Officer to have the following information entered in the Victims Register:
	(a)	the applicant's name;
	(ab)	the applicant's contact address and (if supplied) phone number or the name, contact address and (if supplied) phone number of a person nominated by the applicant to receive information under this Act on his or her behalf;
	(b)	any information (including the name of the prisoner) in the applicant's possession that may assist the Chief Executive Officer to identify the prisoner.
	(3)	The Chief Executive Officer is entitled to assume the accuracy of information supplied under subsection (2) without further inquiry.
	(4)	The Victims Register must also contain any other information prescribed by the regulations.
	(5)	The Chief Executive Officer must, when requested to do so by the Board, provide the Board with information derived from the Victims Register.
	(6)	If the Victims Register includes particulars of a person nominated by a registered victim to receive information under this Act on his or her behalf, any information or notification required or authorised by this Act to be given to the registered victim must, instead, be given to the person so nominated (and where such information or notification is to be given at the request of the registered victim, the person so nominated is entitled to make such a request as if he or she were the registered victim).

Part 2—Correctional services
Division 1—Administration
7—Power of Minister and Chief Executive Officer to delegate
	(1)	The Minister may, from time to time, by instrument in writing, delegate to the Chief Executive Officer any powers, duties or functions under this Act or any other Act.
	(2)	The Chief Executive Officer may, with the approval of the Minister, delegate to any employee of the Department, any of the powers, functions, duties or responsibilities vested in, imposed on or delegated to, the Chief Executive Officer under this Act or any other Act.
	(2a)	The Chief Executive Officer may, with the approval of the Minister, delegate to the manager of a police prison any of the powers, functions, duties or responsibilities—
	(a)	that are vested in, imposed on or delegated to the Chief Executive Officer; and
	(b)	that are applicable to the police prison or to those persons who are, or are to be, detained in it.
	(3)	A delegation under this section is revocable at will, and does not prevent the exercise or performance of any power, function, duty or responsibility by the Minister or the Chief Executive Officer.
	(4)	Any power, function, duty or responsibility vested in, imposed on or delegated to the Chief Executive Officer under this Act may, if the Chief Executive Officer is absent from or otherwise unable to perform the duties of office, be exercised or performed by such other employee of the Department as the Minister may authorise.
8—Use of volunteers in the administration of this Act
The Minister must promote the use of volunteers in the administration of this Act to such extent as the Minister thinks appropriate.
9—Annual report of Chief Executive Officer
	(1)	The Chief Executive Officer must, not later than 31 October in each year, submit to the Minister a report on the work of the Department during the previous financial year and on such other matters as the Minister may direct.
	(2)	The Minister must, as soon as practicable after receipt of a report submitted under this section, cause a copy of the report to be laid before each House of Parliament.

Division 2—The Correctional Services Advisory Council
10—Continuation of the Advisory Council
	(1)	The Correctional Services Advisory Council continues in existence.
	(2)	The Advisory Council consists of six members appointed by the Governor, of whom—
	(a)	one (the presiding member) will be a person who has, in the opinion of the Governor, extensive knowledge of, and experience in, the science of criminology or penology or any other related science; and
	(b)	one (the deputy presiding member) will be a person who has, in the opinion of the Governor, extensive knowledge of, and experience in, the field of business management, medicine, social welfare or education; and
	(c)	one will be a person nominated by the Attorney-General; and
	(d)	three will be persons nominated by the Minister.
	(3)	At least one of the members of the Advisory Council must be a woman and at least one must be a man.
11—Term of office of members
	(1)	The presiding member of the Advisory Council will be appointed for a term of five years.
	(2)	A member of the Advisory Council other than the presiding member will be appointed for such term, not exceeding three years, as the Governor determines and specifies in the instrument of appointment.
	(3)	On the expiration of the term of office of a member of the Advisory Council, the member is eligible for reappointment.
12—Allowances and expenses
A member of the Advisory Council is entitled to receive such allowances and expenses as the Governor may from time to time determine.
13—Removal from and vacancies of office
	(1)	The Governor may remove a member of the Advisory Council from office on the ground of—
	(a)	mental or physical incapacity to carry out satisfactorily the duties of office; or
	(b)	dishonourable conduct; or
	(c)	neglect of duty.
	(2)	The office of a member of the Advisory Council becomes vacant if the member—
	(a)	dies; or
	(b)	completes a term of office; or
	(c)	resigns by giving notice in writing to the Minister; or
	(d)	is removed from office by the Governor pursuant to subsection (1).
	(3)	On the office of a member of the Advisory Council becoming vacant, a person must be appointed to that office in accordance with this Act.
14—Manner in which business of the Advisory Council must be conducted
	(1)	The presiding member or, in the presiding member's absence, the deputy presiding member will preside at any meeting of the Advisory Council.
	(2)	Four members, one of whom must be the presiding member or the deputy presiding member, constitute a quorum of the Advisory Council, and no business may be transacted at any meeting of the Advisory Council unless a quorum is present.
	(3)	Subject to this Division, the business of the Advisory Council will be conducted in such manner as the Advisory Council may determine.
15—Functions of the Advisory Council
	(1)	The functions of the Advisory Council are as follows:
	(a)	to monitor and evaluate the administration and operation of this Act; and
	(b)	to report to the Minister on any matter referred to the Advisory Council by the Minister; and
	(c)	to report of its own motion to the Minister on any matter pertaining to the administration or operation of this Act; and
	(d)	to perform such other functions as may be prescribed by or under this Act, or any other Act.
	(2)	A member of the Advisory Council is entitled at any reasonable time to enter and inspect any correctional institution and ask questions of any person within the institution.
16—Annual report
	(1)	The Advisory Council must, not later than 31 October in each year, report to the Minister on the administration and operation of this Act during the previous financial year.
	(2)	The Minister must, as soon as practicable after receipt of a report submitted under subsection (1), cause a copy of the report to be laid before each House of Parliament.

Division 3—Visiting Tribunals
17—Establishment of Visiting Tribunals
	(1)	There must be established for each correctional institution such number of Visiting Tribunals as the Minister thinks necessary or desirable.
	(2)	The Governor may, by proclamation, appoint—
	(a)	a magistrate; or
	(b)	a special justice,
to be a Visiting Tribunal for a correctional institution.
	(4)	The Governor may, by further proclamation, vary or revoke a proclamation under this section.

Division 4—Community service administration
17A—Establishment of community service centres
	(1)	The Minister may, by notice published in the Gazette, declare any premises to be a community service centre.
	(2)	The Minister may, by notice published in the Gazette, revoke or vary a declaration under this section.
	(3)	Community service centres are under the control of the Minister.
17D—Insurance cover to be provided by Minister
	(1)	The Minister must provide insurance, upon such terms and conditions as the Minister thinks fit, for offenders in respect of death or injury arising out of, or occurring in the course of, community service performed pursuant to any Act.
	(2)	The Minister must provide insurance, upon such terms and conditions as the Minister thinks fit, for persons appointed as voluntary supervisors of offenders performing community service pursuant to any Act in respect of death or injury arising out of, or occurring in the course of, carrying out their duties as supervisors.
	(3)	The cost of providing insurance cover under this section will be borne by the Crown.

Division 5—Probation hostels
17E—Establishment of probation hostels
	(1)	The Minister may, by notice published in the Gazette, declare any premises to be a probation hostel.
	(2)	The Minister may, by notice published in the Gazette, vary or revoke a declaration under this section.
	(3)	Probation hostels are under the control of the Minister.

Part 3—Correctional institutions
Division 1—Establishment of correctional institutions
18—Governor may proclaim premises to be a prison or police prison
	(1)	The Governor may, by proclamation—
	(a)	declare any premises to be a prison; or
	(b)	declare any premises under the control of the Commissioner of Police to be a police prison,
for the purposes of this Act.
	(2)	The Governor may, by further proclamation, vary or revoke a proclamation under subsection (1).
19—Correctional institutions to be under the control of the Minister
	(1)	All correctional institutions established under this Act are under the control of the Minister.

Division 2—Inspection of correctional institutions
20—Correctional institutions must be inspected on regular basis
	(1)	The Minister must cause correctional institutions to be inspected on a regular basis by an inspector for the purpose of ascertaining whether the provisions of this Act relating to the treatment of prisoners are being complied with.
	(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.
	(3)	An inspector cannot be directed to inspect a correctional institution in respect of which the inspector constitutes a Visiting Tribunal.
	(4)	For the purposes of, or in the course of, carrying out an inspection, an inspector may—
	(a)	enter and inspect any part of the correctional institution; and
	(b)	question any person within the institution; and
	(c)	inquire into the treatment of the prisoners, or of a particular prisoner; and
	(d)	receive and investigate any complaint of a prisoner.
	(5)	An inspector may, in investigating a complaint, be assisted by any other person authorised by the Attorney-General for the purpose.
	(6)	An inspector must, as soon as reasonably practicable after carrying out an inspection pursuant to this section, or at such other intervals as the Minister may direct, furnish the Minister with a written report on the inspection, including findings in relation to any complaint investigated by the inspector in the course of the inspection.
	(7)	An inspector may, in a report furnished pursuant to this section, make such recommendations on any matter arising out of the report as he or she thinks fit.

Part 4—Imprisonment
Division 1—Admission and assignment of prisoners
21A—Documentation to be presented upon admission of a prisoner to a correctional institution
A person who is to be detained in a correctional institution pursuant to an order of a court or a warrant of commitment cannot be admitted to a correctional institution for detention except on presentation of—
	(a)	a written statement that contains particulars of the order of the court; or
	(b)	the warrant of commitment, which must contain particulars of the order of the court on which it is founded.
22—Assignment of prisoners to particular correctional institutions
	(1)	A person who is remanded in custody awaiting trial or sentence will be detained in such correctional institution as the Chief Executive Officer may determine.
	(2)	Subject to this section, a person who is sentenced to imprisonment or committed to prison will be imprisoned in such correctional institution as the Chief Executive Officer may determine.
	(3)	Subject to this Act, a person who is sentenced to a term of imprisonment exceeding 15 days must not be imprisoned in a police prison.
	(4)	A person may be detained in a particular correctional institution pursuant to this section notwithstanding that the warrant of commitment by virtue of which the person is detained in custody directs that he or she be detained in some other correctional institution.

Division 3—Assessment of prisoners
23—Initial and periodic assessment of prisoners
	(1)	The Chief Executive Officer must, as soon as practicable after the initial admission to a prison of a person who has been sentenced to a term of imprisonment exceeding six months, to life imprisonment or to a sentence of indeterminate duration, and thereafter at regular intervals of not more than one year, assess the prisoner and his or her circumstances and determine whether or not the prisoner should be transferred to some other prison.
	(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.
	(3)	In carrying out an assessment under this section, the Chief Executive Officer must have regard to—
	(a)	the age, sex and social, medical, psychological and vocational background and history of the prisoner; and
	(b)	the needs of the prisoner in respect of education or training or medical or psychiatric treatment; and
	(c)	the aptitude or suitability of the prisoner for any particular form of training or work; and
	(d)	the nature of the offence, or offences, in respect of which the prisoner is imprisoned and the length of sentence; and
	(e)	the information contained in any file held by a court in respect of the prisoner; and
	(f)	the behaviour of the prisoner while in prison; and
	(g)	the security of, and availability of accommodation in, any prison under consideration; and
	(h)	the question of maintaining the prisoner's family ties; and
	(i)	where relevant, any proposed plans in respect of the release of the prisoner and his or her social rehabilitation; and
	(j)	such other matters as the Chief Executive Officer thinks relevant.
	(4)	The Chief Executive Officer must notify the prisoner before commencing an assessment, and must, if the prisoner so requests, grant the prisoner an opportunity to make representations in person to the Chief Executive Officer or to a committee established pursuant to subsection (2).
	(5)	The prisoner may make written representations in respect of his or her assessment to the Chief Executive Officer or to a committee established pursuant to subsection (2).
	(6)	After the first assessment of a prisoner has been completed, the Chief Executive Officer must prepare a programme in relation to the prisoner that contains particulars of any proposals for the education or training or medical or psychiatric treatment of the prisoner, and may, after any subsequent assessment, add to or vary that programme.

Division 4—Custody of prisoners
24—Chief Executive Officer has custody of prisoners
	(1)	The Chief Executive Officer has the custody of a prisoner, whether the prisoner is within, or outside, the precincts of the place in which he or she is being detained, or is to be detained.
	(2)	Subject to this Act, the Chief Executive Officer has an absolute discretion—
	(a)	to place any particular prisoner or prisoner of a particular class in such part of the correctional institution; and
	(b)	to establish in respect of any particular prisoner, or prisoner of a particular class, or in respect of prisoners placed in any particular part of the correctional institution, such a regime for work, recreation, contact with other prisoners or any other aspect of the day-to-day life of prisoners; and
	(c)	to vary any such regime,
as from time to time seems expedient to the Chief Executive Officer.
	(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.

Division 5—Transfer and leave of absence of prisoners
25—Transfer of prisoners
	(1)	The Chief Executive Officer may, by written order, direct that a prisoner be transferred from the place in which he or she is being detained to any other correctional institution.
	(2)	An order given by the Chief Executive Officer under subsection (1) is sufficient authority for the transfer of the prisoner in accordance with the order and the detention of the prisoner in the correctional institution to which he or she is transferred.
26—Prisoner may be temporarily detained in any other prison etc while in transit
While a prisoner is being taken to any place in which he or she is to be detained, or is being taken for any purpose contemplated by this Act from any place in which he or she is being detained, the prisoner may, without any authority other than this section, be detained in any other place for as long as may reasonably be required in the course of effecting the transfer.
27—Leave of absence from prison
	(1)	The Chief Executive Officer may, by written order, grant to a prisoner leave to be absent from the place in which he or she is being detained—
	(a)	for the medical or psychiatric examination, assessment or treatment of the prisoner; or
	(b)	for the attendance of the prisoner at an educational or training course; or
	(c)	for the participation of the prisoner in paid employment or in any form of recreation, entertainment or community service; or
	(d)	for such compassionate purpose as the Chief Executive Officer thinks fit; or
	(e)	for any purpose related to criminal investigation; or
	(f)	for such other purpose as the Chief Executive Officer thinks fit.
	(1a)	However, a prisoner may not be granted leave to be absent from the place in which he or she is being detained in circumstances set out in the regulations.
	(2)	Leave of absence granted under this section may be subject to such conditions as the Chief Executive Officer thinks fit, including, where the Chief Executive Officer thinks it is appropriate, a condition that the prisoner will be in the custody of, and supervised by, one or more officers or employees of the Department authorised by the Minister for the purpose.
	(2a)	If leave of absence is to be granted to a prisoner for participation in paid employment, the Chief Executive Officer may impose a condition requiring the prisoner to pay to the Chief Executive Officer a specified amount per week, calculated in accordance with the Minister's directions, towards the cost of his or her board and lodging while so employed, or towards reducing the amount of any VIC levy that the prisoner is liable to pay in respect of any offence.
	(3)	The Chief Executive Officer may, by written order, revoke a leave of absence granted under this section, or vary or revoke any of the conditions to which it is subject or impose further conditions.
	(4)	Where a prisoner is still at large after the revocation or expiry of leave of absence, the prisoner may be apprehended without warrant by any member of the police force or any officer or employee of the Department authorised by the Minister for the purpose.
	(5)	A prisoner who is still at large after the expiry of leave of absence will be taken to be unlawfully at large.
	(6)	A prisoner is not, while still at large after revocation of leave of absence, serving his or her sentence of imprisonment.
27A—Interstate leave of absence
	(1)	The following provisions apply in relation to a request under section 27 for leave of absence to be taken outside of this State:
	(a)	the leave may only be granted in respect of a participating State;
	(b)	the period of leave cannot exceed 7 days, but successive grants of leave can be made;
	(c)	the Chief Executive Officer must give written notice of the leave to—
	(i)	the chief officer of police and the corresponding chief executive in the State in which the leave will be taken; and
	(ii)	the chief officer of police in any other State through which the prisoner will have to travel by land;
	(d)	the prisoner remains in the custody of the Chief Executive Officer despite being outside the State.
	(2)	The following provisions apply in relation to an interstate prisoner who has been granted leave of absence under a corresponding law:
	(a)	an order or permit under a corresponding law appointing an escort for the prisoner has effect, according to its terms, while the prisoner is in this State, except for any period during which the prisoner is detained in a correctional institution;
	(b)	if the prisoner is in the custody of an escort and requires overnight accommodation while in this State, the prisoner may be detained in a correctional institution for that period, and the order or permit for the leave is sufficient authority for that detention (whether or not the leave is to be taken in this State);
	(c)	if, while the prisoner is in this State, the prisoner escapes or attempts to escape from custody, breaches a condition to which the leave is subject or is otherwise unlawfully at large, the prisoner may be arrested, without warrant, by—
	(i)	an officer or employee of the Department; or
	(ii)	a member of the police force; or
	(iii)	the prisoner's escort (if any),
and taken to the nearest police station;
	(d)	a prisoner who is arrested under paragraph (c) must be brought before a magistrate within 2 working days of the day of arrest and may be detained in a correctional institution until that occurs;
	(e)	the magistrate may, if he or she thinks it appropriate in such a case, order that the prisoner—
	(i)	be returned by the prisoner's escort to the State in which the leave was granted; or
	(ii)	be delivered into the custody of an escort for the purposes of being returned to that State,
as the case may require (and no right of appeal lies against such an order);
	(f)	if an order is made under paragraph (e)(ii)—
	(i)	the prisoner may be detained in a correctional institution until—
	(A)	the order is executed; or
	(B)	the expiration of 7 days from the making of the order,
whichever occurs first; and
	(ii)	the order, if not executed, expires at the end of that 7 day period;
	(g)	the prisoner will, while detained in a correctional institution under this section, be taken to be a prisoner for the purposes of this Act.
	(3)	In this section—
corresponding chief executive, in relation to a participating State, means the officer responsible for the administration of prisons in that State;
corresponding law means a law prescribed by regulation to be a corresponding law for the purposes of this section;
escort, in relation to a prisoner or an interstate prisoner, means a person authorised or appointed under this Act or the law of the participating State to have custody of the prisoner for the purposes of leave of absence, or return from leave of absence, as the case may be;
interstate prisoner means a person subject to detention in a participating State who has been granted leave of absence under a corresponding law;
participating State means a State in which a corresponding law is in force;
State means a State or Territory of the Commonwealth.
28—Removal of prisoner for criminal investigation, attendance in court etc
	(1)	A prisoner is entitled to attend before a court for the purpose of preliminary examination, trial or sentence for the offence in respect of which the prisoner is being detained or for any other offence with which he or she has been charged.
	(2)	Where a prisoner is required to attend before a court whether as a party to any proceedings or as a witness, the court hearing the proceedings may, by order, direct the manager of the correctional institution in which the prisoner is being detained to cause the prisoner to be brought before the court in accordance with the order.
	(3)	On the determination or an adjournment of proceedings at which a prisoner attends under this section, the prisoner may be returned to the correctional institution without any further process or authority.
	(4)	Where a prisoner is suspected of having committed an offence, or has been charged with an offence, the manager of the correctional institution must, at the request of a member of the police force, release the prisoner into the custody of that member of the police force for the purposes of investigation of the offence, obtaining evidence as to the commission of the offence or identifying the prisoner as the person who committed the offence, in accordance with law.

Division 6—Management of prisoners
29—Work by prisoners
	(1)	A prisoner (other than a remand prisoner) is, while in a correctional institution, required to perform such work, whether within or outside the precincts of the correctional institution, as the manager directs.
	(2)	A remand prisoner may, at his or her own request, and subject to any directions of the manager, perform any work that has been arranged by the manager.
	(3)	Tasks selected for prison work must, as far as reasonably practicable, be selected on the basis that they are likely to provide prisoners with experience in a recognised profession, trade or other field of employment.
	(4)	A manager must, in directing a prisoner to perform any particular work, have regard to the age and the physical and mental health of the prisoner, and any skills or work experience of the prisoner.
	(5)	A prisoner in a correctional institution is not entitled to perform any other remunerated or unremunerated work of any kind, whether for the benefit of the prisoner or any other person, unless the prisoner has the permission of the manager to do so.
30—Prison education
The Chief Executive Officer must arrange for such courses of instruction or training as the Chief Executive Officer thinks fit to be made available to prisoners.
31—Prisoner allowances and other money
	(1)	A prisoner is, while in a correctional institution, entitled to an allowance at a rate from time to time fixed by the Minister with the approval of the Treasurer.
	(2)	A prisoner who performs work under this Division (not being work performed under section 29(5)) is entitled to a further allowance at a rate from time to time fixed by the Minister with the approval of the Treasurer.
	(2a)	The Minister may establish a system of bonus payments, at rates approved by the Treasurer, for prisoners who, in the opinion of the manager of the prison, display a positive attitude, or apply themselves with particular effort, to the performance of work or other tasks or duties in the prison.
	(3)	The Minister may, for the purposes of subsection (2), fix rates of allowance that vary according to—
	(a)	the classes of work to which they apply; or
	(b)	the correctional institution in which the work will be performed; or
	(c)	the different security classifications of prisoners performing the work; or
	(d)	any combination of those factors.
	(4)	All allowances to which a prisoner is entitled under this section will be credited to the prisoner to an account, or accounts, kept in his or her name by the manager of the prison.
	(4a)	The manager of a prison may establish an account in the name of a prisoner into which is paid from time to time a proportion (not exceeding 30 per cent) of the prisoner's weekly income under this section, for the purposes of the resettlement of the prisoner in the community on being discharged from prison.
	(4b)	The amount standing to a prisoner's credit in a resettlement account cannot be drawn on while the prisoner is in prison unless the manager of the prison is of the opinion that special reason exists for doing so.
	(5)	The Minister must review regularly the rates of the allowances to which a prisoner is entitled under this section.
	(5a)	The manager of a correctional institution may, if a prisoner receives any money (other than the allowances paid under this section)—
	(a)	hold the money for as long as may be necessary for the purposes of ascertaining the identity of the person who made the payment and the circumstances of the payment; or
	(b)	credit the whole, or part, of it to the prisoner; or
	(c)	hold the whole, or part, of it on behalf of the prisoner and pay it over to the prisoner in accordance with this Act on discharge from prison; or
	(d)	return the whole, or part, of it to the person who made the payment; or
	(e)	if the prisoner is not lawfully entitled to the money, and the identity or whereabouts of the person who made the payment cannot be ascertained—pay the money to the Treasurer as unclaimed money for the purposes of the Unclaimed Moneys Act 1891; or
	(f)	retain it as evidence of an offence.
	(6)	The manager of a correctional institution may, on the direction of the Chief Executive Officer, deduct from any money standing to the credit of a prisoner pursuant to this section any amount due and payable by the prisoner by way of repayment of a loan made by the Chief Executive Officer.
	(6a)	If the manager of a correctional institution is aware, by virtue of a warrant executed against the prisoner (whether issued before or after the commencement of this subsection), that a prisoner is liable for a VIC levy imposed in respect of any offence, the manager must deduct from the prisoner's weekly income under this section an amount calculated in accordance with the Minister's directions.
	(6b)	Subsection (6a) does not apply in relation to a prisoner who is being detained by virtue only of a warrant of commitment issued before the commencement of this subsection solely for the enforcement of a VIC levy.
	(6c)	Money deducted under subsection (6a), and any money paid to the manager at any time by a prisoner in or towards satisfaction of a VIC levy, must be paid into the Victims of Crime Fund.
	(7)	Subject to this Act, withdrawals from any account held in the name of a prisoner, and the purposes for which they are made, are at the discretion of the manager of the correctional institution and, without limiting the generality of that discretion, withdrawals may be refused where the manager thinks that the refusal is justified in the interests of the good management of the prisoner or of the correctional institution generally.
32—Purchase of items of personal use by prisoners
The manager of a correctional institution must make available for purchase by prisoners such items of personal use or consumption as may be prescribed, and may make available for purchase any other items that the manager thinks fit, but withdrawals of money for the purchase of items made available under this section are at the discretion of the manager in accordance with section 31.
33—Prisoners' mail
	(1)	Subject to this section—
	(a)	prisoners are entitled to receive and send letters; and
	(b)	letters sent to prisoners must be handed to them as soon as reasonably practicable after delivery to the institution; and
	(c)	letters sent by prisoners must be forwarded as soon as reasonably practicable.
	(3)	A letter sent to or by a prisoner contravenes this section if it contains—
	(a)	a threat of a criminal act; or
	(b)	a proposal or plan to commit a criminal act, or to do anything towards the commission of a criminal act; or
	(c)	an unlawful threat or demand; or
	(d)	an incitement to violence, or material likely to inflame violence; or
	(e)	plans for any activity prohibited by the regulations; or
	(f)	an item prohibited by the regulations; or
	(g)	a sum of money, whether in cash or otherwise, or a request for any such sum, where the prior permission of the manager has not been obtained in respect of that sum or request; or
	(h)	a request for any goods, without the prior permission of the manager; or
	(i)	a statement that is in code; or
	(j)	material relating to, or that constitutes, work by the prisoner that the prisoner is not authorised to perform.
	(4)	A manager may cause all letters sent to or by prisoners to be opened and examined by an authorised officer for the purpose of determining whether any letter contravenes this section.
	(6)	An authorised officer may, for the purpose of perusing a letter opened by the authorised officer that is in a language other than English, cause the letter to be translated.
	(7)	A letter sent by a prisoner—
	(a)	to the Ombudsman; or
	(b)	to a Member of Parliament; or
	(c)	to a Visiting Tribunal; or
	(ca)	to an inspector of the correctional institution; or
	(d)	to a legal practitioner at the practitioner's business address,
cannot be opened pursuant to this section.
	(7a)	Nothing in this section empowers an authorised officer to open a declaration vote sent by a prisoner to a returning officer.
	(8)	Where an authorised officer is satisfied on reasonable grounds that a letter sent to a prisoner is from the Ombudsman, a Member of Parliament, a Visiting Tribunal, an inspector or a legal practitioner, the authorised officer must not open that letter.
	(10)	Where a letter sent to a prisoner is found to contravene this section, the manager may—
	(a)	in the case of a letter—
	(i)	hand it over to the prisoner; or
	(ii)	retain it and hand it over to the prisoner on discharge from prison; or
	(iii)	furnish a copy of it to the prisoner with any material that contravenes this section deleted from the copy, provided that the letter is handed over to the prisoner on discharge from prison; or
	(iv)	retain it as evidence of an offence, provided that a copy of it, or an expurgated copy of it, is handed over to the prisoner as soon as reasonably practicable, or on discharge from prison; and
	(b)	in the case of a prohibited item found in a letter—
	(i)	cause the item to be destroyed; or
	(ii)	retain it and hand it over to the prisoner on discharge from prison; or
	(iii)	retain it as evidence of an offence; or
	(iv)	return it to the sender; or
	(v)	dispose of it in such other manner as the manager thinks fit; and
	(c)	in the case of a sum of money—
	(i)	hold the money for as long as may be necessary for the purposes of ascertaining the identity of the sender and the circumstances of the payment; or
	(ii)	credit the whole, or part, of it to the prisoner; or
	(iii)	hold the whole, or part, of it on behalf of the prisoner and pay it over to the prisoner in accordance with this Act on discharge from prison; or
	(iv)	return the whole, or part of it to the sender; or
	(v)	if the prisoner is not lawfully entitled to the money, and the identity or whereabouts of the sender cannot be ascertained—pay the money to the Treasurer as unclaimed money for the purposes of the Unclaimed Moneys Act 1891; or
	(vi)	retain it as evidence of an offence.
	(11)	Where a letter sent by a prisoner is found to contravene this section, the manager may—
	(a)	in the case of a letter—
	(i)	return it to the prisoner; or
	(ii)	retain it as evidence of an offence, provided that a copy is furnished to the prisoner at some time prior to any hearing in respect of the offence; and
	(b)	in the case of a prohibited item found in a letter—
	(i)	cause the item to be destroyed; or
	(ii)	retain it and hand it over to the prisoner on discharge from prison; or
	(iii)	retain it as evidence of an offence; or
	(iv)	return it to the prisoner; or
	(v)	forward it to the intended recipient; or
	(vi)	dispose of it in such other manner as the manager thinks fit; and
	(c)	in the case of a sum of money—
	(i)	hold it for as long as may be necessary for the purposes of ascertaining the circumstances of the payment; or
	(ii)	retain it as evidence of an offence; or
	(iii)	pay it into the General Revenue of the State; or
	(iv)	disburse it in such other manner as the Minister may direct.
	(12)	The manager must advise a prisoner in such manner as the manager thinks fit of any action taken under this section in respect of a letter, or anything contained in a letter, sent to or by the prisoner.
	(13)	An authorised officer must not, otherwise than as required by law or in the performance of duties, disclose to any other person the contents of any letter perused pursuant to this section.
	(14)	In this section—
authorised officer means an employee of the Department authorised by the Chief Executive Officer for the purposes of this section, not being a person who is employed in a position involving substantial day-to-day contact with prisoners.
33A—Prisoners' goods
	(1)	A prisoner is not entitled to receive any goods from a person outside the prison unless the prisoner has the permission of the Chief Executive Officer to do so.
	(2)	A prisoner is not entitled to send, supply or give any goods to a person (whether inside or outside of the prison) unless the prisoner has the permission of the Chief Executive Officer to do so.
	(3)	The Chief Executive Officer may cause all goods, and all parcels apparently containing goods, sent or given to a prisoner, or sent, supplied or given by a prisoner, to be examined.
	(4)	If goods sent or given to a prisoner consist of items prohibited by the regulations or are goods in respect of which permission is not given, the Chief Executive Officer has an absolute discretion to deal with or dispose of the goods as he or she thinks fit (for example, by returning them to the sender or donor, selling, destroying or storing them, handing them over to a member of the prisoner's family).
	(5)	If goods sent, supplied or given by a prisoner consist of items prohibited by the regulations or are goods in respect of which permission is not given, the Chief Executive Officer has an absolute discretion to deal with or dispose of the goods as he or she thinks fit (for example, by returning them to the prisoner, selling, destroying or storing them).
	(6)	Goods that consist of items prohibited by the regulations, or that a person is prohibited by some other Act or law from possessing, must be destroyed unless they are to be kept as evidence.
	(7)	The Minister may fix charges for the storage of goods on behalf of prisoners.
	(8)	Any costs incurred in dealing with or disposing of goods (including storage charges) may be deducted by the Chief Executive Officer from any account (other than a resettlement account) held on behalf of the prisoner under this Act.
	(9)	If a prisoner fails, on being discharged from prison, to take any goods that have been stored in the prison on his or her behalf, the Chief Executive Officer may deal with or dispose of the goods as he or she thinks fit.
	(10)	Any proceeds from the sale of goods under this section will (after deduction of the costs of storage and sale) be credited to the prisoner's account or, if the prisoner has been discharged and his or her whereabouts are known, refunded to the prisoner.
	(11)	Money not refunded under subsection (10) will be dealt with in accordance with the Unclaimed Moneys Act 1891.
34—Prisoners' rights to have visitors
	(1)	A prisoner (other than a remand prisoner) is, while in a correctional institution, entitled to be visited by a person, or a number of persons not exceeding the prescribed number, on one occasion, or such greater number of occasions as may be prescribed, in each period of two weeks.
	(2)	A remand prisoner is entitled to be visited by a person, or a number of persons not exceeding the prescribed number, on three occasions, or such greater number of occasions as may be prescribed, in each week.
	(3)	The manager of a correctional institution may, if of the opinion that special reasons exist for doing so—
	(a)	permit a prisoner to be visited on any further occasion than is provided by or under this Act; or
	(b)	debar a particular person from visiting a prisoner for such period as the manager thinks fit, or until further order of the manager.
35—Prisoners' rights to access to legal aid and legal services
	(1)	A prisoner is not by virtue of imprisonment debarred from the benefit of any Act or law relating to legal aid.
	(2)	Where a prisoner is visited by a legal practitioner for the purpose of rendering any legal services, that visit will not be held to be a visit for the purposes of section 34.
36—Power to keep prisoner apart from other prisoners
	(1)	A prisoner must not be kept separately and apart from all other prisoners in the correctional institution except in accordance with this section.
	(2)	The Chief Executive Officer may direct that a prisoner be kept separately and apart from all other prisoners in the correctional institution if the Chief Executive Officer is of the opinion that it is desirable to do so—
	(a)	in the interests of the proper administration of justice where an investigation is to be conducted into an offence alleged to have been committed by the prisoner; or
	(b)	in the interests of the safety or welfare of the prisoner; or
	(c)	in the interests of protecting other prisoners; or
	(d)	in the interests of security or good order within the correctional institution.
	(3)	A direction given pursuant to subsection (2)(a) has effect for such period, not exceeding 30 days, as may be specified in the direction.
	(4)	Any other direction under subsection (2) has effect until revoked by the Chief Executive Officer.
	(5)	A direction cannot be given more than once pursuant to subsection (2)(a) in respect of the incident giving rise to the alleged offence.
	(6)	A direction given under subsection (2)—
	(a)	must be in writing; and
	(b)	may be revoked at any time by the Chief Executive Officer.
	(7)	A copy of a direction given under subsection (2) must be served personally on the prisoner within 24 hours of being so given.
	(8)	Despite the fact that a direction under subsection (2) is in force in respect of a prisoner, the Chief Executive Officer may permit the prisoner to have contact with such other prisoners on such occasions as the Chief Executive Officer thinks fit.
	(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.
	(10)	On receiving a report under subsection (9), the Minister may review the matter and may confirm or revoke the direction.
37—Search of prisoners
	(1)	The manager of a correctional institution may cause a prisoner or a prisoner's belongings to be searched in any of the following cases:
	(a)	where the prisoner enters the correctional institution or moves from one part of the institution to another;
	(b)	where the manager has reasonable cause to suspect that the prisoner has in his or her possession in the correctional institution an item prohibited by the regulations;
	(c)	where the prisoner is required pursuant to this Act to provide a biological sample for analysis.
	(1a)	The manager of a correctional institution may also cause a prisoner's belongings to be searched if, for the purpose of detecting items prohibited by the regulations, the manager—
	(a)	proposes that the belongings of all prisoners within the institution, or a part of the institution, be searched; or
	(b)	causes the random selection of prisoners from the whole, or a part, of the institution for the purposes of such a search and the prisoner falls within the selection.
	(2)	The following provisions apply to the search of a prisoner:
	(a)	those present at any time during the search when the prisoner is naked, except a medical practitioner, must be of the same sex as the prisoner;
	(b)	at least two persons, apart from the prisoner, must be present at all times during the search when the prisoner is naked;
	(c)	for the purposes of the search, the prisoner may be required—
	(i)	to open his or her mouth;
	(ii)	to strip;
	(iii)	to adopt particular postures;
	(iv)	to do anything else reasonably necessary for the purposes of the search,
and if the prisoner does not comply with such a requirement reasonable force may be applied to secure compliance.
	(3)	Force must not be applied to open a prisoner's mouth except by or under the supervision of a medical practitioner.
	(4)	Nothing may be introduced into an orifice of a prisoner's body for the purposes of a search except by a medical practitioner.
	(5)	A search must be carried out expeditiously and undue humiliation of the prisoner must be avoided.
	(6)	The annual report submitted under this Act by the Chief Executive Officer in respect of a financial year must include particulars of—
	(a)	the number of searches conducted under subsection (1a) in respect of each correctional institution during the year; and
	(b)	the number and general description of items prohibited by the regulations detected in the institution during those searches.
37AA—Drug testing of prisoners
	(1)	The manager of a correctional institution may require a prisoner to undergo a drug test in any of the following circumstances:
	(a)	on the initial admission of the prisoner to the institution;
	(b)	on the prisoner returning to the institution after being absent;
	(c)	if the manager reasonably suspects that the prisoner has unlawfully used a drug;
	(d)	if, for the purpose of ascertaining the incidence of unlawful drug use in the correctional institution, the manager—
	(i)	proposes that all prisoners within the institution, or a part of the institution, undergo a drug test; or
	(ii)	causes the random selection of prisoners from the whole, or a part, of the institution to undergo a drug test and the prisoner falls within the selection;
	(e)	in any other circumstance that the Chief Executive Officer thinks fit.
	(2)	For the purposes of this Act, a prisoner uses a drug if the prisoner—
	(a)	consumes or smokes, or administers to himself or herself, the drug; or
	(b)	permits another person to administer the drug to him or her.
	(3)	In proceedings for an offence against this Act or any other Act—
	(a)	if the proceedings relate to the unlawful use of alcohol—a certificate apparently signed by an authorised officer and certifying—
	(i)	that the prisoner named in the certificate submitted to an alcotest on a day and at a time stated in the certificate; and
	(ii)	that the alcotest was carried out in conformity with the requirements of this Act using apparatus of a kind approved by the Governor under the Road Traffic Act 1961 for the purposes of carrying out alcotests; and
	(iii)	that the alcotest produced a reading of a specified level of alcohol in the prisoner's blood,
is, in the absence of proof to the contrary, proof of the matters so certified;
	(b)	if the proceedings relate to the unlawful use of any other drug—
	(i)	a certificate apparently signed by an authorised officer and certifying—
	(A)	that the prisoner named in the certificate submitted to a specified prescribed procedure on a day and at a time stated in the certificate; and
	(B)	that the procedure was carried out in conformity with the requirements of this Act; and
	(C)	that the biological sample obtained as a result of the procedure was assigned a specified identifying number; and
	(ii)	a certificate apparently signed by an analyst and certifying that the drug specified in the certificate was found to be present in the biological sample assigned that number,
is, in the absence of proof to the contrary, proof of the matters so certified.
	(4)	In this section—
authorised officer means an officer or employee of the Department authorised by the Chief Executive Officer for the purposes of this section.

Division 6A—Home detention
37A—Release on home detention
	(1)	Subject to this section, the Chief Executive Officer has an absolute discretion to release a prisoner from prison to serve a period of home detention in accordance with this Division.
	(2)	The exercise by the Chief Executive Officer of the discretion under subsection (1) is subject to the following limitations:
	(a)	a prisoner who is serving or is liable to serve a sentence of indeterminate duration and has not had a non-parole period fixed cannot be released on home detention;
	(b)	a prisoner cannot be released on home detention unless—
	(i)	in the case of a prisoner in respect of whom a non-parole period has been fixed—the prisoner has served at least one-half of the non‑parole period;
	(ii)	in any other case—the prisoner has served at least one-half of the prisoner's total term of imprisonment;
	(c)	the release of a prisoner on home detention cannot occur earlier than 1 year before—
	(i)	in the case of a prisoner in respect of whom a non-parole period has been fixed—the end of the non-parole period;
	(ii)	in the case of a prisoner in respect of whom a non-parole period has not been fixed but whose total term of imprisonment is more than 1 year—the day on which the prisoner would otherwise be released from prison under this Act;
	(d)	any limitations determined from time to time by the Minister, which may include, without limitation, the exclusion of prisoners sentenced for a specified class of offence or any other class of prisoners from release on home detention.
	(3)	The release of a prisoner under this Division is subject to the following conditions:
	(a)	a condition requiring the prisoner to remain at the prisoner's residence during the period of home detention and not to leave the residence at any time during that period except for the following purposes:
	(i)	remunerated employment; or
	(ii)	urgent medical or dental treatment for the prisoner; or
	(iii)	any other purpose approved or directed by the authorised officer to whom the prisoner is assigned; and
	(b)	a condition requiring the prisoner to be of good behaviour during the period of home detention; and
	(c)	a condition requiring the prisoner to obey the lawful directions of the authorised officer during the period of home detention; and
	(d)	such other conditions as the Chief Executive Officer thinks appropriate.
	(4)	A prisoner released under this Division will, unless the release is earlier revoked, remain on home detention—
	(a)	in the case of a prisoner subject to a non-parole period—until he or she is released on parole;
	(b)	in the case of any other prisoner—until the time at which he or she would, but for this Division, have been released from prison pursuant to this Act.
	(5)	The Chief Executive Officer may, by notice in writing served personally on the prisoner, vary or revoke any of the conditions to which the prisoner's release is subject.
	(6)	In this section—
non-parole period, in relation to a prisoner serving a sentence imposed for an offence against a law of the Commonwealth, includes the minimum term to be served under a recognisance release order;
residence includes, if the prisoner is an Aborigine who resides on tribal lands or an Aboriginal reserve, any area of land specified in the instrument of release.
37B—Authorised officers
	(1)	The Minister may appoint such authorised officers for the purposes of this Division as the Minister thinks fit.
	(2)	The Chief Executive Officer must, on the release of a prisoner under this Division, assign the prisoner to an authorised officer and may from time to time re-assign the prisoner to another authorised officer.
	(3)	An authorised officer to whom a prisoner is assigned—
	(a)	may give reasonable directions to the prisoner—
	(i)	requiring the prisoner to take up, not to take up or not to give up some particular employment; or
	(ii)	requiring the prisoner to attend a particular course of counselling or instruction; and
	(b)	may give the prisoner other directions of a kind authorised by the Minister either generally or in relation to the particular prisoner.
	(4)	Any authorised officer may, at any time—
	(a)	enter or telephone the residence of a prisoner serving a period of home detention; or
	(b)	telephone the prisoner's place of employment or any other place at which the prisoner is permitted or required to attend; or
	(c)	question any person at that residence or place as to the whereabouts of the prisoner,
for the purposes of ascertaining whether or not the prisoner is complying with the conditions to which the prisoner's release is subject.
	(5)	A person must not—
	(a)	hinder an authorised officer in the exercise of powers under this section; or
	(b)	fail to answer truthfully any question put to the person by an authorised officer pursuant to those powers.
Maximum penalty: $5 000.
37C—Revocation of release
	(1)	The Chief Executive Officer—
	(a)	must revoke the release of a prisoner under this Division if the prisoner breaches a condition to which the release is subject; and
	(b)	may, in the absolute discretion of the Chief Executive Officer, revoke the release of a prisoner under this Division for any other reason.
	(2)	A prisoner is not in breach of the condition requiring the prisoner to remain at the prisoner's residence if the prisoner leaves the residence for the purpose of averting or minimising a serious risk of death or injury (either to the prisoner or some other person).
	(3)	On the revocation of the release of a prisoner under this Division, the prisoner may be apprehended, without warrant, by a member of the police force or any authorised officer and returned to prison.
	(4)	Where a prisoner breaches a condition to which the release of the prisoner is subject or is, during the period of home detention, sentenced to imprisonment for an offence (whenever committed), the prisoner is liable to serve in prison the balance of the non-parole period or the term of imprisonment (as the case may require), being—
	(a)	in the case of a breach of condition or an offence committed during the period of home detention—the unexpired balance as at the date of the breach or offence; and
	(b)	in the case of an offence committed at any other time—the unexpired balance as at the date on which the further sentence of imprisonment is imposed.
	(5)	Subsection (4) applies notwithstanding that the period of home detention may have expired before the prisoner can be apprehended.
	(6)	A prisoner is, on breaching the condition referred to in section 37A(3)(a), unlawfully at large.
37D—Crown not liable to maintain prisoners on home detention
The Crown is not liable to maintain a prisoner who is serving a period of home detention.

Division 7—Release of prisoners from prison
38—Release of prisoner from prison or home detention
	(1)	Subject to this Act, a prisoner (other than a remand prisoner) will be released from the correctional institution in which the prisoner is being detained on the day on which the prisoner's sentence of imprisonment expires, unless released earlier under any other provision of this Act, or under any other Act or law.
	(2)	Subject to subsection (3), the Chief Executive Officer may, by instrument in writing, authorise the release of a prisoner from prison or from home detention on any day during the period of 30 days preceding the day on which the prisoner is due, or would have been due, to be released from prison pursuant to any other provision of this Act.
	(3)	Subsection (2) does not apply in relation to a prisoner who is serving a term of imprisonment for default in payment of a pecuniary sum.
	(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.
	(4)	In this section—
pecuniary sum has the same meaning as in the Criminal Law (Sentencing) Act 1988.
39—Time of release from prison
	(1)	A prisoner must be released from the correctional institution in which the prisoner is being detained as near as practicable to 10 a.m. on the day of the prisoner's release.
	(3)	Where a contempt prisoner purges his or her contempt or complies with the court order for payment of a pecuniary sum, and does so between 5 p.m. on one day and 9 a.m. on the next day, the manager of the correctional institution is not, notwithstanding any other provision of this Act or any other Act or law, required to release the prisoner from the institution until that next day, at some time after 10 a.m.
39A—Delivery of property and money to prisoner on release
Where a prisoner is released from prison on home detention or parole, or on the expiration or extinguishment of his or her sentence of imprisonment, the Chief Executive Officer must, as soon as reasonably practicable, hand over to the prisoner any personal property held on the prisoner's behalf, and must pay to the prisoner any money held to the prisoner's credit pursuant to this Act—
	(a)	in a lump sum; or
	(b)	in the case of a prisoner released on parole subject to the supervision of a community corrections officer, in a lump sum, or in such instalments payable during the period of supervision as the community corrections officer may determine.
39B—Manner in which former prisoner's personal property is to be dealt with
	(1)	Where a former prisoner has left any personal property in a correctional institution in which he or she was at some time detained, the manager of the correctional institution must give a written notice to the former prisoner, sent by post to his or her last known address, setting out particulars of the personal property and of the place at which it may be collected.
	(2)	If the former prisoner fails to collect the personal property within three months of being given a notice under subsection (1), the manager of the correctional institution must deal with the property in the following manner:
	(a)	where the property consists solely of items that would, in the opinion of the manager, be of negligible monetary value and of no sentimental value to the former prisoner, the manager may dispose of the property in such manner as the manager thinks fit; and
	(b)	in any other case—
	(i)	if the whereabouts of the former prisoner is known to the manager, the manager must cause the property to be delivered to the former prisoner except where it is not practicable to do so, in which case the manager may dispose of the property in such manner as the manager thinks fit; or
	(ii)	if the whereabouts of the former prisoner is, after reasonable inquiries, unknown to the manager, the manager may dispose of the property in such manner as the manager thinks fit.
	(3)	Money received from the sale of any personal property pursuant to this section will be paid into the General Revenue of the State.
39C—Certain prohibited items not to be returned to prisoners
Nothing in this Division requires the delivery or return to a person of any item of personal property the possession of which by that person is prohibited by law.

Part 5—Offences
Division 1—Powers of Visiting Tribunals
41—Powers of Visiting Tribunals
	(1)	For the purposes of a hearing under this Division a Visiting Tribunal may—
	(a)	by summons signed by the Visiting Tribunal, require the attendance before the Visiting Tribunal of any person whom the Visiting Tribunal thinks fit to call before it; or
	(b)	by summons signed by the Visiting Tribunal, require the production of any books, papers or documents; or
	(c)	inspect any books, papers or documents produced before it, retain them for such reasonable period as it thinks fit, and make copies of any of them, or of any of their contents; or
	(d)	require any person to make an oath or affirmation that the person will answer truthfully all questions put by the Visiting Tribunal, or by any person appearing before the Visiting Tribunal, relevant to any matter being inquired into by the Visiting Tribunal (which oath or affirmation may be administered by the Visiting Tribunal); or
	(e)	require any person appearing before the Visiting Tribunal (whether summoned to appear or not) to answer any relevant question put by the Visiting Tribunal or by any other person appearing before the Visiting Tribunal.
	(2)	Subject to subsection (3), a person who—
	(a)	having been duly served with a summons, fails, without reasonable excuse, to attend before the Visiting Tribunal, or to produce any books, papers or documents, as required by the summons; or
	(b)	misbehaves before a Visiting Tribunal, wilfully insults a Visiting Tribunal or interrupts the proceedings of a Visiting Tribunal; or
	(c)	refuses to be sworn, to affirm or to answer a relevant question when required to do so by a Visiting Tribunal,
is guilty of an offence.
Maximum penalty: $7 500 or imprisonment for 3 months.
	(3)	A person is not required to answer a question put pursuant to this section if the answer would tend to incriminate the person.
42—Immunity from liability of persons who constitute Visiting Tribunals
No liability attaches to a person who constitutes a Visiting Tribunal for any act or omission by the Visiting Tribunal in good faith and in the exercise or purported exercise of powers, or the discharge or purported discharge of duties, under this Act.

Division 2—Breaches of regulations
42A—Minor breaches of prison regulations
	(1)	Where the manager of the correctional institution is satisfied that a prisoner has committed a breach of a regulation that is specified to be a regulation to which this section applies, the manager may give the prisoner notice in writing that—
	(a)	sets out the date of the alleged offence and briefly states the facts on which the allegation is founded; and
	(b)	identifies the particular regulation that is alleged to have been breached; and
	(c)	specifies that the prisoner may elect to be charged with, and receive a formal hearing in relation to, the offence; and
	(d)	specifies the punishment that the manager proposes to impose if the prisoner does not elect to be charged with the offence.
	(2)	If the prisoner does not within 24 hours give notice in writing to the manager, or an employee of the Department specified in the manager's notice, that the prisoner elects to be charged with the offence, the manager may, without affording further opportunity for persons—
	(a)	to hear or view evidence; or
	(b)	to call, examine or cross-examine witnesses; or
	(c)	to make submissions on the alleged breach or penalty,
impose on the prisoner one or both of the following penalties:
	(d)	forfeiture of any specified amenities or privileges for a specified period not exceeding 10 days; or
	(e)	exclusion from any work that is performed in association with other prisoners for a specified period not exceeding 10 days.
43—Manager may deal with breaches of prison regulations
	(1)	Where it is alleged that a prisoner has committed a breach of the regulations, the manager of the correctional institution may, within the prescribed time, charge the prisoner with the offence, and conduct an inquiry into the allegation, in the prescribed manner.
	(2)	If, after conducting an inquiry under subsection (1), the manager is satisfied beyond reasonable doubt that the allegation has been proved, the manager may impose on the prisoner any one or more of the following penalties:
	(a)	forfeiture to the Crown of a sum, not exceeding the amount prescribed for the purposes of this paragraph, payable out of any money held by the manager on behalf of the prisoner, or any allowance to be paid to the prisoner under this Act; or
	(b)	forfeiture of any specified amenities or privileges for a specified period not exceeding 35 days; or
	(c)	exclusion from any work that is performed in association with other prisoners for a specified period not exceeding 21 days,
or may reprimand and caution the prisoner.
	(3)	If, after conducting an inquiry under subsection (1), the manager is not satisfied beyond reasonable doubt that the allegation has been proved, the manager must dismiss the charge.
44—Manager may refer any matter to a Visiting Tribunal
	(1)	The manager of a correctional institution may, at any time before imposing a penalty on a prisoner in respect of an alleged breach of the regulations, refer the matter to a Visiting Tribunal for hearing and determination.
	(2)	The Visiting Tribunal may, on hearing any matter referred to it under subsection (1) and on being satisfied beyond reasonable doubt that the allegation against the prisoner is proved, impose on the prisoner any one or more of the following penalties:
	(c)	forfeiture to the Crown of a sum, not exceeding the amount prescribed for the purposes of this paragraph, payable out of any money held by the manager on behalf of the prisoner, or any allowance to be paid to the prisoner under this Act; or
	(d)	forfeiture of any specified amenities or privileges for a specified period not exceeding 2 months; or
	(e)	exclusion from any work that is performed in association with other prisoners for a specified period not exceeding 28 days,
or it may reprimand and caution the prisoner.
	(4)	Where a prisoner causes any loss of or damage to property as a result of a breach of the regulations, the Visiting Tribunal may, whether or not it imposes a penalty in respect of the breach, direct that the prisoner pay to the owner of the property as compensation for the loss or damage such sum, not exceeding an amount prescribed for the purposes of this subsection, as the Visiting Tribunal thinks fit, payable out of any money held by the manager on behalf of the prisoner, or any allowance to be paid to the prisoner under this Act.
	(5)	If, after hearing a matter referred to it under subsection (1), the Visiting Tribunal is not satisfied beyond reasonable doubt that the allegation against the prisoner is proved, it must dismiss the charge.
45—Procedure at inquiries under this Division
In any proceedings under this Division for an offence against the regulations, the following provisions apply:
	(a)	the manager or Visiting Tribunal—
	(i)	must afford the prisoner the opportunity of hearing or viewing all the evidence in support of the charge; and
	(ii)	must afford the prisoner and the manager, or any employee of the Department authorised by the manager for the purpose, reasonable opportunities to make submissions in relation to the charge and to call, examine or cross-examine witnesses; and
	(iii)	must permit the manager or authorised employee to make submissions as to the penalty to be imposed; and
	(iv)	must permit the prisoner to hear any submissions made, and to make submissions, as to the penalty to be imposed;
	(b)	if the prisoner refuses to attend at the hearing of the proceedings, the manager or Visiting Tribunal may hear and determine the proceedings in the prisoner's absence;
	(ba)	the prisoner is not entitled to be represented in the proceedings by a legal practitioner;
	(c)	the manager or Visiting Tribunal is not, subject to this Act, bound by legal forms or technicalities or the rules of evidence, but may inform himself, herself or itself, in such manner as he, she or it thinks fit;
	(d)	where more than one penalty of forfeiture of amenities or privileges or exclusion from work is imposed for an offence, or for a number of offences arising out of the one incident, those penalties cannot be made consecutive one on the other;
	(e)	no conviction may be recorded against a prisoner who is found guilty of a breach of the regulations.
46—Appeals against penalties imposed by managers
	(1)	A prisoner may appeal to a Visiting Tribunal against any penalty imposed on the prisoner by a manager.
	(2)	An appeal under this section must be instituted in the prescribed manner.
	(3)	On the institution of an appeal under this section the penalty appealed against is suspended.
	(4)	On determining an appeal under this section the Visiting Tribunal may—
	(a)	affirm the penalty; or
	(b)	increase, decrease or otherwise vary the penalty, or revoke it and substitute any other penalty that could have been imposed in the first instance by the manager.
	(5)	No appeal lies against an order of a Visiting Tribunal made on an appeal under this section.
47—Appeals against orders of Visiting Tribunals
	(1)	A prisoner may appeal against an order of a Visiting Tribunal made in any proceedings against the prisoner under this Division on the ground that the proceedings were not conducted in accordance with the provisions of this Act.
	(1a)	An appeal under this section lies—
	(a)	if the Visiting Tribunal is constituted of a magistrate—to the District Court;
	(b)	in any other case—to the Magistrates Court.
	(2)	An appeal under this section must be instituted in the prescribed manner.
	(2a)	The notice of appeal must specify the grounds on which the appeal is made.
	(3)	On the institution of an appeal under this section, the order appealed against is suspended.
	(4)	On any appeal under this section the court may—
	(a)	dismiss the appeal; or
	(b)	quash the order of the Visiting Tribunal; or
	(c)	quash the order of the Visiting Tribunal and make any order that the court thinks should have been made by the Visiting Tribunal in the first instance.
	(5)	No appeal lies against a decision of a court on an appeal under this section.
48—Summary Procedure Act does not apply to proceedings under this Division
The Summary Procedure Act 1921 does not apply to or in relation to any proceedings under this Division.
49—Manager may delegate power to deal with breaches of prison regulations
	(1)	The manager of a correctional institution may, with the approval of the Chief Executive Officer, delegate to any employee of the Department any of his or her powers or functions under this Division.
	(2)	A delegation under this section—
	(a)	may be subject to conditions specified in the delegation; and
	(b)	may be revoked by the manager or varied by the manager with the approval of the Chief Executive Officer; and
	(c)	does not prevent the manager from acting in any matter.

Division 4—Prisoners at large
50—Effect of prisoner being at large
	(3)	A prisoner is not, while unlawfully at large, serving his or her sentence of imprisonment.
50A—Prisoner must comply with conditions to which temporary leave of absence is subject
	(1)	A prisoner who has been granted leave of absence from a correctional institution by the Chief Executive Officer pursuant to this Act and who contravenes or fails to comply with a condition to which the leave is subject is guilty of an offence.
Maximum penalty: Imprisonment for 1 year.
	(2)	A term of imprisonment to which a prisoner is sentenced for an offence against this section is cumulative on any other imprisonment that the prisoner is liable to serve.
51—Offences by persons other than prisoners
	(1)	A person who—
	(a)	communicates with a prisoner in a manner prohibited by the regulations; or
	(b)	delivers to a prisoner, or introduces into a correctional institution without the permission of the manager, any item prohibited by the regulations; or
	(c)	loiters outside a correctional institution for any unlawful purpose,
is guilty of an offence.
Maximum penalty: 
	(a)	in the case of an offence against paragraph (b) of this subsection where the prohibited item is a controlled drug (within the meaning of the Controlled Substances Act 1984)—imprisonment for 2 years;
	(b)	in any other case—imprisonment for 6 months.
	(2)	It is a defence to a charge of an offence of introducing into a correctional institution without the permission of the manager an item prohibited by the regulations if the defendant proves that he or she had reasonable grounds for being in possession of the item and at no time had any intention of parting with possession of it while within the institution.
52—Power of arrest
	(1)	An officer or employee of the Department may, without warrant, apprehend—
	(a)	any person who the officer or employee suspects on reasonable grounds of being an escaped prisoner or a prisoner otherwise unlawfully at large; or
	(b)	any person who the officer or employee suspects on reasonable grounds of having assisted or being about to assist a prisoner in an escape or attempted escape or of having removed or attempted to remove, or being about to remove, a prisoner from custody.
	(2)	An officer or employee of the Department who has apprehended a person pursuant to subsection (1) must—
	(a)	in relation to a prisoner unlawfully at large, return the prisoner forthwith to a correctional institution; and
	(b)	in relation to any other person, take the person forthwith to the nearest police station.

Part 6—Parole
Division 1—The Parole Board
55—Continuation of Parole Board
	(1)	The Parole Board of South Australia continues in existence.
	(2)	The Board will consist of nine members appointed by the Governor.
	(3)	The membership of the Board must include—
	(a)	—
	(i)	a judge of the Supreme Court; or
	(ii)	a District Court judge; or
	(iii)	a person who has retired from the office of judge of the Supreme Court or District Court judge; or
	(iv)	a legal practitioner of at least seven years standing who has, in the opinion of the Governor, extensive knowledge of, and experience in, the criminal justice system; or
	(v)	a person who has, in the opinion of the Governor, extensive knowledge of, and experience in, the science of criminology, penology, or any other related science; and
	(b)	a legally qualified medical practitioner who has, in the opinion of the Governor, extensive knowledge of, and experience in, the practice of psychiatry; and
	(c)	a person who has, in the opinion of the Governor, extensive knowledge of, and experience in, criminology, sociology or any other related science; and
	(d)	a person who has, in the opinion of the Governor, extensive knowledge of, or experience in, matters related to the impact of crime on victims and the needs of victims of crime in relation to the criminal justice system; and
	(e)	a former police officer; and
	(f)	a person of Aboriginal descent; and
	(g)	both women and men.
	(3a)	One member of the Board, being a person referred to in subsection (3)(a), must be appointed by the Governor to be the presiding member of the Board.
	(4)	An employee of the Department is not eligible to be appointed as a member of the Board.
56—Term of office of members
	(2)	A member of the Board will be appointed for such term, not exceeding three years, as the Governor determines and specifies in the instrument of appointment.
	(3)	On the expiration of the term of office of a member of the Board, the member is eligible for reappointment.
57—Allowances and expenses
A member of the Board is entitled to receive such allowances and expenses as the Governor may from time to time determine.
58—Removal from and vacancies of office
	(1)	The Governor may remove a member of the Board from office on the ground of—
	(a)	mental or physical incapacity to carry out satisfactorily the duties of office; or
	(b)	dishonourable conduct; or
	(c)	neglect of duty.
	(2)	The office of a member of the Board becomes vacant if the member—
	(a)	dies; or
	(b)	completes a term of office; or
	(c)	resigns by giving notice in writing to the Minister; or
	(d)	is removed from office by the Governor pursuant to subsection (1).
	(3)	On the office of a member of the Board becoming vacant, a person must be appointed to that office in accordance with this Act.
59—Deputies
	(1)	The Governor—
	(a)	must appoint one of the members of the Board to be the first deputy presiding member of the Board; and
	(ab)	must appoint one of the members of the Board to be the second deputy presiding member of the Board; and
	(b)	may appoint a suitable person to be the deputy of a member of the Board other than the presiding member or either of the deputy presiding members.
	(2)	Where a member is for any reason absent or unable to act as a member of the Board, the member's deputy may act as a member of the Board.
60—Proceedings of the Board
	(1)	Subject to this section, the Board will sit as a full board.
	(2)	If the presiding member thinks it necessary or desirable for the purpose of expediting the determination of proceedings before the Board, the Board may sit in separate divisions.
	(3)	A division of the Board will be constituted as follows:
	(a)	the presiding member and two other members of the Board;
	(b)	the first deputy presiding member and two other members of the Board;
	(c)	the second deputy presiding member and two other members of the Board.
	(4)	Where the Board sits as a full board, the following provisions apply:
	(a)	—
	(i)	the presiding member will preside; or
	(ii)	if the presiding member is absent—the first deputy presiding member will preside; or
	(iii)	if both the presiding member and the first deputy presiding member are absent—the second deputy presiding member will preside; or
	(iv)	if none of the members mentioned in the preceding subparagraphs is present—a member chosen from those members present will preside; and
	(b)	five members constitute a quorum and the Board cannot proceed with the hearing or determination of any matter unless a quorum is present; and
	(c)	a question arising for decision by the Board will be decided by a majority of the votes cast by the members present; and
	(d)	each member present is entitled to one vote and, in the event of an equality of votes, the person presiding is entitled to a second or casting vote.
	(5)	Where the Board sits in separate divisions, the following provisions apply:
	(a)	the presiding member or first or second deputy presiding member will preside at proceedings before the division of which he or she is a member; and
	(b)	a division of the Board cannot proceed with the hearing or determination of any matter unless all members of the division are present; and
	(c)	a decision in which all the members of a division of the Board concur is a decision of the Board; and
	(d)	the divisions of the Board may sit concurrently for the purpose of hearing and determining separate proceedings.
	(6)	Where the members of a division of the Board are unable to concur in a decision in any proceedings before that division, the person presiding over that division must refer the proceedings to the Board sitting as a full board for fresh hearing and determination.
	(7)	Subject to this Act, the Board, or a division of the Board, may conduct its proceedings as it thinks fit.
60A—Validity of acts of the Board and immunity of its members
	(1)	No act or proceeding of the Board is invalid by reason of a vacancy in its membership or a defect in the appointment of a member.
	(2)	No liability attaches to a member of the Board for an act or omission by the member, or by the Board, in good faith and in the exercise or purported exercise of powers or functions, or in the discharge or purported discharge of duties, under this Act.
	(3)	A liability that would, but for subsection (2), attach to a member of the Board lies against the Crown.
61—Judicial notice of Board documents
	(1)	Where a document purports to bear the signature of a member of the Board, it will be presumed in any proceedings before a court, in the absence of proof to the contrary, that the document had been duly signed by that member.
	(2)	An apparently genuine document purporting to be a record of any determination, decision or finding of the Board and purporting to be signed by the secretary to the Board is, in the absence of proof to the contrary, proof that the determination, decision or finding was made by the Board.
62—Appointment of secretary to the Board
	(1)	There will be a secretary to the Board who will be a Public Service employee.
	(2)	The position of secretary to the Board may be held in conjunction with any other position in the Public Service of the State.
63—Powers of the Board
	(1)	For the purposes of proceedings before the Board under this Act or any other Act, the Board may—
	(a)	by summons signed on behalf of the Board by a member of the Board, require any person to attend before the Board; or
	(b)	by summons signed on behalf of the Board by a member of the Board, require any person to produce any document relating to any matter before the Board; or
	(c)	require any person to furnish the Board with a written report or written information in relation to any aspect of a matter before the Board; or
	(d)	require any person appearing before the Board to answer on oath or affirmation any questions put by the Board that are relevant to any matter before the Board; or
	(e)	require any written report or information to be verified by statutory declaration.
	(2)	A person who—
	(a)	having been duly served with a summons, fails to attend before the Board, or fails to produce documents, as required by the summons; or
	(b)	wilfully insults the Board or any member of the Board; or
	(c)	misbehaves before the Board; or
	(d)	interrupts the proceedings of the Board; or
	(e)	refuses to be sworn or to affirm, or refuses to answer any question that the person would be compellable to answer before a court,
is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 3 months.
	(3)	The Board may (and must, if a prisoner of a prescribed class so requests) interview a prisoner at any time and, if such an interview is to be conducted outside the prison, may request the manager of the prison to cause the prisoner to be brought before the Board at a specified time and place.
	(4)	The Board is not obliged to interview a prisoner pursuant to the prisoner's request more than once in any year.
	(5)	For the purposes of this section, a prisoner is of a prescribed class if the prisoner is serving—
	(a)	a sentence of life imprisonment; or
	(b)	a sentence of indeterminate duration; or
	(c)	a sentence of imprisonment for a term of more than one year in respect of which a non-parole period has not been fixed.
64—Reports by Board
	(1)	The Board must, not later than 31 October in each year, report to the Minister on—
	(a)	the number of prisoners released on parole during the previous financial year; and
	(b)	the number of applications for parole during the previous financial year that were refused by the Board; and
	(d)	the number of persons returned to prison in the previous financial year on cancellation of parole, and the reasons for each such cancellation; and
	(e)	the work of the Board generally in the previous financial year; and
	(f)	such other matters as the Board thinks fit, or as the Minister may direct.
	(1a)	The Minister must, within 12 sitting days after receiving a report prepared under subsection (1), cause a copy of the report to be tabled in each House of Parliament.
	(2)	The Board must at least once in each year review the progress and circumstances of, and report to the Minister on, each prisoner serving a sentence of life imprisonment or any sentence of indeterminate duration and each prisoner serving a sentence for a term of more than one year in respect of whom a non-parole period has not been fixed.
	(3)	The Board must, at any time at the request of the Minister, report to the Minister—
	(a)	on any prisoner serving a sentence of life imprisonment or any sentence of indeterminate duration; or
	(b)	on any other matter relating to the administration of this Part.
	(4)	The Board may, in a report furnished under subsection (2) or (3)(a) in respect of a prisoner, include such recommendations as to the release of the prisoner as the Board is empowered to make pursuant to this Act or any other Act.

Division 3—Release on parole
66—Automatic release on parole for certain prisoners
	(1)	Subject to subsection (2), the Board must order that a prisoner who is liable to serve a total period of imprisonment of less than five years and for whom a non-parole period has been fixed be released from prison or home detention on parole on a day specified by the Board, being a day—
	(a)	where, because the commencement of the non-parole period has been back dated, the non-parole period expires prior to the date on which it is fixed, not later than 30 days after the day on which it is fixed; or
	(b)	in any other case, not later than 30 days after the day on which the non-parole period expires.
	(2)	Subsection (1) does not apply to—
	(a)	a prisoner if any part of the imprisonment for which the prisoner was sentenced is in respect of a sexual offence; or
	(ab)	a prisoner if any part of the imprisonment for which the prisoner was sentenced is in respect of an offence of personal violence; or
	(ac)	a prisoner if any part of the imprisonment for which the prisoner was sentenced is in respect of an offence against section 85 (being an offence consisting of arson) or 85B of the Criminal Law Consolidation Act 1935; or
	(b)	a prisoner of a class excluded by the regulations from the application of subsection (1).
	(3)	In this section—
offence of personal violence means any of the following offences (including a substantially similar offence against a corresponding previous enactment or the law of another place):
	(a)	an offence against the person under Part 3 of the Criminal Law Consolidation Act 1935;
	(b)	a home invasion;
	(c)	an offence of robbery or aggravated robbery;
	(d)	a conspiracy to commit, or an attempt to commit, an offence referred to in paragraph (a), (b) or (c);
	(e)	an offence that is committed in circumstances in which the offender uses violence or a threat of violence for the purpose of committing the offence, in the course of committing the offence, or for the purpose of escaping from the scene of the offence.
67—Release on parole by application to the Board
	(1)	This section applies to a prisoner if—
	(a)	section 66 does not apply to the prisoner; and
	(b)	a non-parole period has been fixed for the prisoner; and
	(c)	the prisoner is not serving a sentence of indeterminate duration.
	(2)	If this section applies to a prisoner—
	(a)	the prisoner; or
	(b)	the Chief Executive Officer, or any employee of the Department authorised by the Chief Executive Officer,
may apply in the prescribed manner to the Board for the prisoner's release on parole.
	(3)	An application cannot be made under subsection (1) more than six months before the expiration of the non-parole period fixed in respect of the prisoner's sentence.
	(3a)	The paramount consideration of the Board when determining an application under this section for the release of a prisoner on parole must be the safety of the community.
	(4)	The Board must also take the following matters into consideration when determining an application under this section:
	(a)	any relevant remarks made by the court in passing sentence; and
	(b)	the likelihood of the prisoner complying with the conditions of parole; and
	(c)	where the prisoner was imprisoned for an offence or offences involving violence, the circumstances and gravity of the offence, or offences, for which the prisoner was sentenced to imprisonment (but the Board may not substitute its view of these matters for the view expressed by the court in passing sentence); and
	(ca)	if, in relation to an offence for which the prisoner was imprisoned, there is a registered victim—the impact that the release of the prisoner on parole is likely to have on the registered victim and the registered victim's family; and
	(d)	the behaviour of the prisoner while in prison or on home detention; and
	(e)	the behaviour of the prisoner during any previous release on parole; and
	(f)	any reports tendered to the Board—
	(i)	on the social background, or the medical, psychological or psychiatric condition, of the prisoner;
	(ii)	from community corrections officers or other officers or employees of the Department; and
	(g)	the probable circumstances of the prisoner after release from prison or home detention; and
	(h)	any other matters that the Board thinks are relevant.
	(5)	The Board may, on an application under this section, order that a prisoner (not being a prisoner who is serving a sentence of life imprisonment) be released from prison on parole on a day specified in the order.
	(6)	The Board may, on an application under this section in respect of a prisoner who is serving a sentence of life imprisonment, recommend to the Governor that the prisoner be released from prison on parole and, if the Board so recommends, the Board—
	(a)	must recommend to the Governor—
	(i)	a day on which the prisoner is to be released on parole; and
	(ii)	a period of not less than three years or more than ten years, for which the prisoner should continue on parole; and
	(b)	must forward a copy of its recommendations to the Governor for approval.
	(7)	The Governor may, on receiving the Board's recommendations, order that the prisoner be released from prison on parole on a day and for a period specified in the order, being not less than three years and not more than ten years.
	(8)	The Board or the Governor cannot specify a release date under this section that is earlier than the day on which the prisoner's non-parole period expires.
	(9)	The Board must, not more than 30 days after refusing an application by a prisoner for release on parole, notify the prisoner in writing of—
	(a)	its refusal; and
	(b)	the reasons for its refusal and of any matters that might assist the prisoner in making any further application for parole; and
	(c)	a date, not less than six months or more than one year after the date on which the Board refuses the application, before which the Board will not accept any further application by the prisoner for release on parole.
	(10)	The Board is not obliged to (but may, if in its opinion good reason exists for doing so) accept a further application by a prisoner for release on parole before the date notified by the Board under subsection (9).
68—Conditions of release on parole
	(1)	The release of a prisoner on parole—
	(a)	must be subject to the conditions—
	(i)	that the prisoner not commit any offence; and
	(ii)	that the prisoner not possess an offensive weapon unless the prisoner has first obtained the permission of the Board to do so and complies with the terms and conditions of that permission; and
	(iii)	that the prisoner—
	(A)	be under supervision of a community corrections officer; and
	(B)	obey the reasonable directions of the community corrections officer,
until the expiration of the period of parole or such earlier date as is specified by the Board; and
	(b)	may be subject to any other condition fixed by the Board or, in the case of a prisoner serving a sentence of life imprisonment, recommended by the Board and approved by the Governor, to be effective until the expiration of the period of parole, or for such lesser period as may be specified in the order.
	(1a)	If the prisoner was sentenced to imprisonment for a child sexual offence, the Board must consider imposing the following conditions on the release of the prisoner:
	(a)	a condition preventing the prisoner from loitering, without reasonable excuse, at or in the vicinity of a school, public toilet or place at which children are regularly present while children are present at the school, toilet or place;
	(b)	a condition preventing the prisoner from engaging in remunerative or voluntary work with children or at a place used for the education, care or recreation of children;
	(c)	a condition preventing the prisoner from providing or offering to provide accommodation to a child who is not related to the prisoner by blood or marriage or of whom the prisoner does not have lawful custody.
	(1b)	The paramount consideration of the Board when fixing or recommending conditions to which the release of a prisoner on parole will be subject must be the safety of the community.
	(2)	The Board must also take the following matters into consideration when fixing or recommending conditions to which the release of a prisoner on parole will be subject:
	(a)	any remarks made by the court in passing sentence; and
	(b)	the likelihood of the prisoner complying with the conditions; and
	(c)	the circumstances and gravity of the offence, or offences, for which the prisoner was sentenced to imprisonment; and
	(ca)	if, in relation to an offence for which the prisoner was imprisoned, there is a registered victim—the impact that the release of the prisoner on parole is likely to have on the registered victim and the registered victim's family; and
	(d)	the behaviour of the prisoner while in prison or on home detention; and
	(e)	the behaviour of the prisoner during any previous release on parole; and
	(f)	any reports tendered to the Board—
	(i)	on the social background, or the medical, psychological or psychiatric condition, of the prisoner;
	(ii)	from community corrections officers or other officers or employees of the Department; and
	(g)	the probable circumstances of the prisoner after release from prison or home detention; and
	(h)	any other matters that the Board thinks are relevant.
	(3)	In fixing or recommending conditions to which the release on parole of a prisoner will be subject, the Board may designate any condition as a condition that, if breached, will result in automatic cancellation of parole.
	(4)	Notwithstanding any other provision of this Division, a prisoner must not be released on parole unless he or she has accepted in writing the conditions to which the parole will be subject.
	(5)	If a prisoner who is to be released under section 66 does not accept the conditions of parole, the Board—
	(a)	must review the circumstances of the prisoner at intervals of not less than 3 months or more than 12; and
	(b)	may, on such a review, if the prisoner will now accept the parole conditions, order the release of the prisoner on his or her written acceptance of those conditions.
69—Duration of parole in relation to prisoners other than life prisoners
A prisoner (not being a prisoner serving a sentence of life imprisonment) who is released on parole will, unless the release is cancelled or suspended, the parole order is discharged or the sentence is extinguished, remain on parole until the expiry of the term, or terms, of imprisonment to which the prisoner was sentenced.
70—Duration of parole for life prisoners
	(1)	A prisoner serving a sentence of life imprisonment who is released on parole will, unless the release is cancelled or suspended, or the sentence is extinguished, remain on parole—
	(a)	in the case of a prisoner released on parole prior to the commencement of the Prisons Act Amendment Act 1981—for the remainder of the sentence unless the Governor, on the recommendation of the Board, approves a day on which the parole of the prisoner is to expire, in which case the parole of the prisoner expires on that day; and
	(b)	in any other case—for the period recommended by the Board and approved by the Governor.
	(2)	On the expiry of the parole of a person pursuant to subsection (1), the sentence of imprisonment will, subject to this Part, be taken to have been wholly satisfied.
71—Variation or revocation of parole conditions
	(1)	Where a person has been released on parole from a sentence other than a sentence of life imprisonment, the Board may, on the application of that person or of its own motion, vary or revoke a condition to which the parole is subject.
	(2)	Where a person has been released on parole from a sentence of life imprisonment, the Board may, on the application of that person or of its own motion, recommend to the Governor that a condition to which the parole is subject be varied or revoked, and the Governor may, on receiving such a recommendation, order accordingly.
	(3)	The Board cannot exercise its powers under this section of its own motion in relation to a person released on parole unless it has given reasonable notice of its intention to do so to that person and has considered any submissions made by the person on the matter.
	(4)	The Board cannot make an order or recommendation under this section in relation to a person who is under the supervision of a community corrections officer unless it has obtained and considered a report from that community corrections officer.
72—Discharge from parole of prisoners other than life prisoners
	(1)	The Board may, on the application of a person who has been released on parole (not being a person serving a sentence of life imprisonment), make an order discharging the person from parole.
	(2)	The Board cannot make an order under this section in relation to a person who is under the supervision of a community corrections officer unless it has obtained and considered a report from that community corrections officer.
	(3)	Where a person has been discharged from parole pursuant to this section, the sentence, or sentences, of imprisonment will, subject to this Part, be taken to have been wholly satisfied.
73—Automatic cancellation of parole for breach of designated conditions
	(1)	Where the Board finds that a person who has been released on parole has, while on parole, breached a designated condition, the person is, subject to this Part, liable to serve in prison the balance of the sentence, or sentences, of imprisonment in respect of which the person was on parole, being the balance unexpired as at the day on which the breach was committed.
	(2)	Subsection (1) applies notwithstanding that, at the time of finding the breach proved, the parole has expired or been discharged.
	(3)	Where a person referred to in subsection (1) is, at the time of finding the breach proved, still on parole, the parole is, by virtue of this section, cancelled.
74—Cancellation of release on parole by Board for breach of conditions other than designated conditions
	(1)	If the Board is satisfied that a person who has been released on parole has, while on parole, breached a condition of the parole (not being a designated condition), the Board may, by order, direct that the person serve in prison the sentence, or sentences, of imprisonment in respect of which he or she was on parole for such further period as the Board thinks appropriate, but not exceeding—
	(a)	the period between the day on which the breach occurred and the date of expiry of the parole; or
	(b)	six months,
whichever is the lesser.
	(1a)	Subsection (1) applies notwithstanding that, at the time of finding the breach proved, the parole has expired or been discharged.
	(1b)	Where the Board makes an order under subsection (1) in respect of a person who is still on parole, the Board must order that the person's release on parole be cancelled.
	(2)	The Board cannot make an order under this section in relation to a person who is under the supervision of a community corrections officer unless it has obtained and considered a report from that community corrections officer.
	(3)	Where the release of a person was cancelled for breach of parole conditions before the commencement of the Prisons Act Amendment Act (No. 2) 1983 the person is (subject to any non-parole period that may have been fixed) liable to serve in prison the balance of the sentence, or sentences, unexpired as at the day on which the breach was committed.
	(4)	Subject to subsections (4a) and (4b), a person who is returned to prison for breach of a parole condition (not being a designated condition) after the commencement of the Prisons Act Amendment Act (No. 2) 1983 will, unless the person has, by instrument in writing, elected to remain in prison to serve the balance of sentence then remaining, be released from prison on parole when the period for which the person was returned has been served.
	(4a)	If a person who has been returned to prison pursuant to this section commits an offence while in prison and a sentence of imprisonment is imposed for the offence, the person is liable to serve in prison the balance of the sentence, or sentences, unexpired as at the day on which the offence was committed.
	(4b)	The release of a person under subsection (4) is not release on parole if the period of parole has expired.
	(5)	The release of a prisoner on parole under subsection (4) will be taken to be pursuant to the order of the Board in force immediately prior to the return of the prisoner to prison.
74AA—Board may impose community service for breach of non-designated conditions
	(1)	If the Board is satisfied that a person who is still on parole has, while on parole, breached a condition of the parole (not being a designated condition), the Board may, instead of exercising its powers under section 74, impose a further condition on the parole requiring the person to serve a specified number of hours of community service.
	(2)	The Board cannot exercise its powers under subsection (1) if the parole is already subject to a condition requiring performance of community service.
	(3)	The Board cannot exercise its powers under subsection (1) in relation to a person who is under the supervision of a community corrections officer unless it has obtained and considered a report from that community corrections officer.
	(4)	If the Board imposes a parole condition requiring performance of community service pursuant to this section, the following provisions apply:
	(a)	the number of hours of community service to be performed cannot be less than 40 or more than 200;
	(b)	the Board may impose ancillary conditions on the parole requiring the person—
	(i)	to perform the community service within a specified period;
	(ii)	to report to a specified place not later than two working days after the date of the hearing unless, within that period, the person receives a notice from the Chief Executive Officer to the contrary;
	(iii)	to obey the lawful directions of the community corrections officer to whom the person is assigned;
	(iv)	to do, or refrain from doing, such other things as the Board thinks necessary for ensuring proper performance of the community service;
	(c)	the person is required to perform the community service for not less than 4 or more than 24 hours in any week and on such day, or days, as the community corrections officer to whom the person is assigned may direct;
	(d)	the person cannot, except in circumstances approved by the Minister, be required to perform the community service for a continuous period exceeding 8 hours;
	(e)	one hour of any period of community service exceeding 4 hours is to be a meal break;
	(f)	the person cannot be required to perform community service at a time that would interfere with his or her remunerated employment or with a course of training or instruction relating to, or likely to assist in him or her obtaining, such employment, or that would cause unreasonable disruption of the person's commitments in caring for his or her children;
	(g)	the person cannot be required to perform community service at a time that would cause him or her to offend against a rule of a religion that he or she practises;
	(h)	the attendance of the person at any educational or recreational course of instruction approved by the Minister will be taken to be performance of community service;
	(i)	the person will not be remunerated for the performance of the community service.
	(5)	A community corrections officer to whom a person is assigned—
	(a)	may give reasonable directions to the person requiring the person—
	(i)	to report to a community service centre or other place at certain times; or
	(ii)	to notify the officer of any change in the person's place of residence or employment; or
	(iii)	to obtain the officer's written permission before leaving the State for any reason; or
	(iv)	to carry out certain projects or tasks as community service; or
	(v)	to undertake, or participate in, courses of instruction at a community service centre or other place; or
	(vi)	to behave in a particular manner while undertaking community service; and
	(b)	may give the person other directions of a kind authorised by the Minister, either generally or in relation to that person.
	(6)	If a person who is subject to a parole condition requiring performance of community service is sentenced to imprisonment for an offence (whenever committed) or for non-payment of a pecuniary sum or is returned to prison pursuant to this Division, the parole condition will be taken to have been revoked.
74A—Suspension of parole while serving imprisonment for offence committed before release on parole
Where a person who has been released on parole is sentenced to imprisonment for an offence committed before release on parole or for non-payment of a pecuniary sum—
	(a)	the parole is suspended for the duration of the imprisonment actually served in prison in pursuance of the subsequent sentence; and
	(b)	on release from prison—
	(i)	the person will continue on parole in respect of the sentence that was first imposed for the balance of the period of parole remaining as at the date of the commencement of the subsequent sentence; and
	(ii)	if released on parole from the subsequent sentence, the person will on release also be on parole in respect of that sentence for the period of that parole.
75—Automatic cancellation of parole upon imprisonment for offence committed while on parole
	(1)	Where—
	(a)	a person is sentenced to imprisonment for an offence committed while on parole and the sentence is not suspended; or
	(b)	the suspension of a sentence of imprisonment imposed for an offence committed by a person while on parole is revoked,
the person is liable to serve in prison the balance of the sentence, or sentences, of imprisonment in respect of which he or she was on parole, being the balance unexpired as at the day on which the offence was committed.
	(1a)	Subsection (1) applies notwithstanding that, at the time of conviction of the person or of the revocation of the suspended sentence, the parole may have expired or been discharged.
	(2)	Where a person referred to in subsection (1) is, at the time of conviction or revocation of the suspended sentence, still on parole, the parole is, by virtue of this subsection, cancelled.
76—Apprehension etc of parolees
	(1)	Where a member of the Board suspects on reasonable grounds that a person released on parole may have breached a condition of parole, the member may—
	(a)	summon the person to appear before the Board; or
	(ab)	with the concurrence of a second member of the Board—issue a warrant for the apprehension of the person, for the purpose of bringing the person before the Board; or
	(b)	apply to a justice for a warrant for the apprehension of the person, for the purpose of bringing the person before the Board.
	(2)	Where a person fails to attend before the Board in pursuance of a summons issued under subsection (1), the Board—
	(a)	may proceed to deal with the matter in the person's absence; or
	(b)	may—
	(i)	issue a warrant for the apprehension of the person; or
	(ii)	direct a member of the Board to apply to a justice for a warrant for the apprehension of the person,
for the purpose of bringing the person before the Board.
	(2a)	A warrant issued under subsection (1) or (2) authorises the detention of the person in custody pending attendance before the Board.
	(3)	A member of the Board may apply to a justice for a warrant for the apprehension and return to prison of a person whose release on parole has been cancelled.
	(3a)	A justice must, on application under this section, issue a warrant for the apprehension of a person or for the apprehension and return to prison of a person, as the case may require, unless it is apparent, on the face of the application, that no reasonable grounds exist for the issue of the warrant.
	(4)	If it thinks good reason exists for doing so, the Board may, by order, cancel a warrant issued pursuant to this section that has not been executed.
77—Proceedings before the Board
	(1)	The Board must, on receiving an application under this Part, notify the following persons of the receipt of the application and the day and time fixed for the hearing of the application:
	(a)	the prisoner to whom the application relates;
	(b)	the Chief Executive Officer;
	(c)	the Commissioner for Police;
	(d)	if, in relation to an offence for which the prisoner was imprisoned, there is a registered victim—the registered victim.
	(1a)	However, the Board is not required to notify the registered victim if the victim has indicated to the Board that he or she does not wish to be so notified.
	(2)	For the purposes of any proceedings under this Part—
	(a)	the Chief Executive Officer, or any employee of the Department authorised by the Chief Executive Officer for the purpose, may make such submissions to the Board in writing as he or she thinks fit; and
	(b)	the Commissioner of Police, or any member of the police force authorised by the Commissioner for the purpose, may make such submissions to the Board in writing as he or she thinks fit; and
	(ba)	the registered victim may make such submissions to the Board as he or she thinks fit in writing or, by prior arrangement with the Board, in person; and
	(c)	the person to whom the proceedings relate may make such submissions to the Board in writing as he or she thinks fit.
	(3)	The person to whom any proceedings before the Board relate is entitled to be represented in those proceedings by a legal practitioner.
	(4)	The Board may, on written request, give details of the orders made by the Board in any proceedings relating to a prisoner or parolee to—
	(a)	a person who made submissions to the Board in the proceedings; or
	(b)	a member of the prisoner's or parolee's family or a close associate of the prisoner or parolee; or
	(c)	a legal practitioner who represents the prisoner or parolee; or
	(d)	any other person who the Board thinks has a proper interest in the release of such information.
	(5)	The Board's decision to release or not to release information under subsection (4) is final and is not reviewable by a court.

Part 8—Miscellaneous
82—Unauthorised dealings with prisoners prohibited
	(1)	A person to whom this section applies must not enter into a contract or other dealing of a prescribed class with a prisoner unless the person has the permission of the Chief Executive Officer.
Maximum penalty: $10 000 or imprisonment for 2 years.
	(2)	A contract entered into in contravention of this section is void and of no effect.
	(3)	This section applies to—
	(a)	an officer or employee of the Department; and
	(b)	a member of the police force employed in a correctional institution; and
	(c)	a person of a prescribed class.
83—Managers may make rules
	(1)	The manager of a correctional institution may, with the approval of the Chief Executive Officer, make rules relating to the management of the institution.
	(2)	A manager may, with the approval of the Chief Executive Officer, vary or revoke any rules made under subsection (1).
	(3)	The Subordinate Legislation Act 1978 does not apply to rules made under this section.
	(4)	The Minister must cause rules made under this section to be published for the benefit of prisoners in such manner as the Minister thinks fit and, in giving effect to this section, must ensure, as far as is reasonably practicable, that the rules are made known to any prisoner who is illiterate or whose principal language is not the English language.
84—Managers to comply with the execution of process
Subject to this Act, the manager of a correctional institution must comply with any order or direction lawfully given by an officer of a court or a member of the police force for the purposes of the due execution of any process or order of a court or justice or issued otherwise pursuant to law.
85—Execution of warrants
An officer or employee of the Department authorised by the Chief Executive Officer for the purpose may, on behalf of the Commissioner of Police, execute on a prisoner any warrant of a court or justice or other duly issued warrant.
85A—Exclusion of persons from correctional institution
	(1)	Despite any other provision of this Act—
	(a)	if the manager of a correctional institution believes on reasonable grounds that a person lawfully attending the institution in any capacity (other than a member of the staff of the institution) is interfering with or is likely to interfere with the good order or security of the institution, the manager—
	(i)	may cause the person to be refused entry to or removed from the institution, using only such force as is reasonably necessary for the purpose; and
	(ii)	may, in the case of a person who visits or proposes to visit a prisoner under section 34, by written order, exclude the person from the institution until further order or for a specified period; and
	(b)	if the Chief Executive Officer believes on reasonable grounds that a person who visits or proposes to visit a prisoner in a correctional institution under section 34 is interfering with or is likely to interfere with the good order or security of that or any other correctional institution, the Chief Executive Officer may, by written order, direct that the person be excluded from a specified correctional institution, all correctional institutions of a specified class, or all correctional institutions, until further order or for a specified period.
	(2)	An order under subsection (1)(a) may be varied or revoked by the manager of the correctional institution and an order under subsection (1)(b) may be varied or revoked by the Chief Executive Officer.
	(3)	The manager of a correctional institution may cause any person who is attempting to enter or is in the institution in contravention of an order under this section to be refused entry to or removed from the institution, using only such force as is reasonably necessary for the purpose.
85B—Power of search and arrest of non-prisoners
	(1)	The manager of a correctional institution may—
	(a)	cause any person who enters the institution to submit, subject to the person's consent, to a limited contact search, and to having his or her possessions searched, for the presence of prohibited items; or
	(b)	if there are reasonable grounds for suspecting that a person entering or in the institution is in possession of a prohibited item, cause the person and his or her possessions to be detained and searched; or
	(c)	if there are reasonable grounds for suspecting that a vehicle entering or in the institution is carrying a prohibited item, cause the vehicle to be detained and searched.
	(2)	If a person does not consent to a limited contact search, the manager of the correctional institution may cause the person to be refused entry to or removed from the institution, using only such force as is reasonably necessary for the purpose.
	(3)	Failure of a person to consent to a limited contact search does not of itself constitute grounds for suspecting that the person is in possession of a prohibited item.
	(4)	The following provisions apply to a limited contact search:
	(a)	the person cannot be required to remove any clothing or to open his or her mouth, and nothing may be introduced into an orifice of the person's body;
	(b)	any direct contact with the person's flesh that is necessary for the purpose of the search must be minimal and within the bounds of propriety;
	(c)	the person may be required to adopt certain postures or to do anything else reasonably necessary for the purposes of the search and, if the person does not comply with such a requirement, the manager may cause the person to be removed from the institution, using only such force as is reasonably necessary for the purpose;
	(d)	the search must be carried out expeditiously and undue humiliation of the person must be avoided.
	(5)	The following provisions apply to a search under subsection (1)(b):
	(a)	the person may be required—
	(i)	to remove his or her outer clothing (including footwear and headwear) but no other clothing; or
	(ii)	to open his or her mouth (but force cannot be applied to open the person's mouth); or
	(iii)	to adopt certain postures; or
	(iv)	to submit to being frisked; or
	(v)	to do anything else reasonably necessary for the purposes of the search,
and, if the person does not comply with such a requirement, the manager may cause the person to be removed from the institution, using only such force as is reasonably necessary for the purpose;
	(b)	nothing may be introduced into an orifice (including the mouth) of the person's body;
	(c)	at least 2 persons, apart from the person being searched, must be present at all times during the search;
	(d)	the search must be carried out expeditiously and undue humiliation of the person must be avoided.
	(6)	The following provisions apply to a search under subsection (1)(c):
	(a)	the driver of the vehicle may be required to do anything reasonably necessary for the purposes of the search;
	(b)	if the driver does not comply with a requirement made under paragraph (a), the manager may cause the driver and the vehicle to be refused entry to or removed from the institution, using only such force as is reasonably necessary for the purpose.
	(7)	If a prohibited item is found as a result of a search under this section, or a person fails to comply with a requirement lawfully made for the purposes of a search under this section—
	(a)	the manager may cause the person or the driver of the vehicle, as the case may be, to be handed over into the custody of a police officer as soon as reasonably practicable and to be kept in detention until that happens; and
	(b)	the item may be kept as evidence of an offence or otherwise dealt with in the same manner as a prohibited item under section 33A may be dealt with.
	(8)	If the officer or employee who carries out a search of a person under this section suspects on reasonable grounds that a prohibited item may be concealed on or in the person's body, the manager may cause the person to be handed over into the custody of a police officer as soon as reasonably practicable and to be kept in detention until that happens.
	(9)	On a person being detained under subsection (7) or (8), the manager must immediately cause a police officer to be notified.
	(10)	Despite the preceding provisions of this section, if a person or vehicle may be detained under this section for the purposes of being searched, the manager may, instead, cause the person or vehicle to be refused entry to or removed from the institution, using only such force as is reasonably necessary for the purpose.
	(11)	The annual report submitted under this Act by the Chief Executive Officer in respect of a financial year must include the following particulars:
	(a)	the number of persons detained under subsection (7) during the year and the duration of each such detention; and
	(b)	the number of persons detained under subsection (8) during the year and the duration of each such detention.
	(12)	This section does not apply to a person who is a prisoner in the correctional institution.
	(13)	In this section—
prohibited item means an item—
	(a)	that is a prohibited item for the purposes of section 51; and
	(b)	permission for the introduction of which into the correctional institution has not been given by the manager.
85C—Confidentiality
A person must not divulge information relating to a prisoner, probationer or parolee, or derived from the Victims Register, being information obtained (whether by the person or some other person) in the administration or enforcement of this Act, except—
	(a)	as required or authorised by this Act or any other Act or law; or
	(b)	as reasonably required in connection with the administration or enforcement of this Act or any other prescribed Act; or
	(c)	for the purposes of legal proceedings arising out of the administration or enforcement of this Act; or
	(d)	to a government agency or instrumentality of this State, the Commonwealth or another State or Territory of the Commonwealth for the purposes of the proper performance of its functions; or
	(e)	with the consent of the prisoner, probationer, parolee or registered victim to whom the information relates.
Maximum penalty: $10 000.
85D—Release of information to registered victims etc
	(1)	An eligible person may apply in writing to the Chief Executive Officer for the release to him or her of any of the following information relating to a prisoner:
	(a)	the name and address of the correctional institution in which the prisoner is for the time being imprisoned;
	(b)	details of any transfer of the prisoner from one correctional institution to another;
	(c)	details of the sentence or sentences of imprisonment that the prisoner is liable to serve;
	(d)	the date on which and circumstances under which the prisoner was, is to be or is likely to be released from the correctional institution for any reason (for example, on bail, leave of absence, home detention, parole);
	(e)	details of any escape from custody by the prisoner.
	(2)	A person is an eligible person if he or she is—
	(a)	a registered victim in relation to an offence for which the prisoner is imprisoned; or
	(b)	a member of the prisoner's family or a close associate of the prisoner; or
	(c)	a legal practitioner who represents the prisoner; or
	(d)	any other person who the Chief Executive Officer thinks has a proper interest in the release of such information.
	(3)	The Chief Executive Officer has an absolute discretion to grant or refuse an application for release of information to an eligible person.
	(4)	A decision of the Chief Executive Officer as to whether a person is an eligible person or to grant or refuse an application under this section is final and is not reviewable by a court.
	(5)	The Chief Executive Officer must not release information relating to a prisoner's release on parole without the consent of the Parole Board (but the Board may waive this requirement in such circumstances as it thinks fit).
86—Prison officers may use reasonable force in certain cases
Subject to this Act, an officer or employee of the Department or a member of the police force employed in a correctional institution may, for the purposes of exercising powers or discharging duties under this Act, use such force against any person as is reasonably necessary in the circumstances of the particular case.
87—Certain persons may enter and inspect correctional institutions
Any judge of the Supreme Court, District Court judge or magistrate may, at any reasonable time, enter and inspect any correctional institution.
88—Minister may acquire land
The Minister may, for the purposes of this Act, acquire land in accordance with the Land Acquisition Act 1969.
88A—Summary offences
Offences against this Act (not being indictable offences) are summary offences.
88B—Evidentiary provision
In any proceedings against a prisoner for being unlawfully at large after expiry of leave of absence from prison, or for contravention of or failure to comply with a condition to which the leave was subject, a document purporting to be the order of the Chief Executive Officer (or his or her delegate) by which the leave of absence was granted or revoked or a condition was varied, will, in the absence of proof to the contrary, be taken to be proof of the order.
89—Regulations
	(1)	The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.
	(2)	Without limiting the generality of subsection (1), regulations may be made—
	(a)	providing for the treatment of remand prisoners; and
	(b)	providing for the treatment of contempt prisoners; and
	(c)	providing for the treatment of prisoners, or any particular class of prisoners, other than remand or contempt prisoners; and
	(e)	regulating the conduct of prisoners, or of prisoners of a particular class; and
	(eaa)	prohibiting, restricting or regulating the supply or administration to prisoners of drugs (including prescription drugs under the Controlled Substances Act 1984); and
	(ea)	for the purposes of section 37AA, including regulations—
	(i)	prescribing procedures for drug testing; and
	(ii)	regulating the collection of biological samples from prisoners for the purposes of drug testing; and
	(iii)	prescribing the directions that can be given to a prisoner for the purpose of conducting an alcotest or collecting and authenticating a biological sample; and
	(iv)	prescribing higher maxima for the penalties prescribed by sections 43 and 44 if a prisoner breaches regulations made under this subsection, provided that those higher maxima do not exceed by more than 3 times the maxima prescribed in those sections; and
	(f)	prescribing the practice and procedure, and any powers, of Visiting Tribunals; and
	(g)	prescribing the practice and procedure, and any powers, of the manager of a correctional institution in dealing with breaches of the regulations; and
	(h)	prescribing the duties of officers or employees of the Department or members of the police force employed in correctional institutions; and
	(ha)	regulating the times at which and procedure by which persons may be admitted to correctional institutions for detention; and
	(i)	prescribing the weapons or any other thing that may be carried or used by officers or employees of the Department or members of the police force employed in correctional institutions, and the purposes for which and the manner in which any such weapon or thing may, or may not, be used; and
	(j)	prohibiting or regulating the holding or investing of money by or on behalf of prisoners, or of prisoners of a particular class; and
	(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
	(ka)	prohibiting, restricting or regulating the entering into of contracts between prisoners; and
	(l)	prescribing directions that community corrections officers may give to persons under their supervision while on parole; and
	(m)	imposing fines, not exceeding $5 000, for offences against the regulations.
	(3)	Regulations under this Act may—
	(a)	be of general application or limited application; and
	(b)	make different provision according to the persons, things or circumstances to which they are expressed to apply; and
	(c)	provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or the Chief Executive Officer; and
	(d)	include evidentiary provisions to facilitate proof of contraventions of the regulations for the purposes of proceedings for offences.

Schedule 1—Application of Truth in Sentencing Act amendments
1—Interpretation
In this Schedule—
subsequent amending Act means an Act (other than the Correctional Services (Application of Truth in Sentencing) Amendment Act 2008) brought into operation after the commencement of the Truth in Sentencing Act that amends or substitutes a provision of this Act;
Truth in Sentencing Act means the Statutes Amendment (Truth in Sentencing) Act 1994.
2—Truth in sentencing clarification
	(1)	The amendments to this Act made by the Truth in Sentencing Act apply, and have always applied, in respect of all prisoners serving sentences of imprisonment immediately before the commencement of those amendments, regardless of when the prisoners were sentenced.
	(2)	It follows that anything done or omitted to have been done in relation to such prisoners before the commencement of this clause on the basis referred to in subclause (1) has been, and has always been, validly done or omitted to have been done.
	(3)	This clause affects rights and liabilities arising between parties to proceedings initiated before the commencement of this clause to the extent to which those rights and liabilities arise from, or are affected by, an act or omission referred to in subclause (2); however, this clause does not affect any such rights or liabilities arising between parties to proceedings heard and finally determined before the commencement of this clause.
	(4)	Nothing in this clause affects the operation of a subsequent amending Act (and any such Act has effect according to its terms).

Legislative history
Notes
	•	This version is comprised of the following:
Part 1	1.1.2010	
Part 2	1.1.2010	
Part 3	1.1.2010	
Part 4	1.1.2010	
Part 5	1.1.2010	
Part 6	1.1.2010	
Part 8	1.1.2010	
Schedules	1.1.2010	
	•	Amendments of this version that are uncommenced are not incorporated into the text.
	•	Please note—References 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.
	•	Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Legislation repealed by principal Act
The Correctional Services Act 1982 repealed the following:
Prisons Act 1936
Principal Act and amendments
New entries appear in bold.
Year	No	Title	Assent	Commencement	
1982	48	 Correctional Services Act 1982	29.4.1982	19.8.1985 (Gazette 8.8.1985 p334)	
1983	67	 Correctional Services Act Amendment Act 1983	13.10.1983	19.8.1985 (Gazette 8.8.1985 p336)	
1984	94	 Correctional Services Act Amendment Act 1984	20.12.1984	19.8.1985 (Gazette 8.8.1985 p336)	
1985	66	 Correctional Services Act Amendment Act 1985	6.6.1985	19.8.1985 (Gazette 8.8.1985 p336)	
1986	69	 Statutes Amendment (Parole) Act 1986	20.11.1986	8.12.1986 (Gazette 27.11.1986 p1700)	
1986	98	 Correctional Services Act Amendment Act 1986	11.12.1986	1.1.1987 (Gazette 18.12.1986 p1876)	
1987	22	 Correctional Services Act Amendment Act 1987	16.4.1987	16.4.1987	
1988	36	 Correctional Services Act Amendment Act 1988	28.4.1988	28.4.1988	
1988	51	 Statutes Amendment and Repeal (Sentencing) Act 1988	5.5.1988	ss 13, 14 & 21—12.5.1988 (Gazette 12.5.1988 p1181), ss 15—20, 22 & 23—1.1.1989 (Gazette 15.12.1988 p2009)	
1989	39	 Statute Law Revision Act 1989	4.5.1989	Sch 1—19.6.1989 (Gazette 25.5.1989 p1395)	
1990	30	 Correctional Services Act Amendment Act 1990	26.4.1990	17.5.1990 (Gazette 17.5.1990 p1359)	
1990	54	 Statute Law Revision Act (No. 2) 1990	22.11.1990	Sch 1—22.11.1990: s 2	
1990	76	 Correctional Services Act Amendment Act (No. 2) 1990	20.12.1990	21.12.1990 (Gazette 20.12.1990 p1841)	
1991	52	 Correctional Services (Drug Testing) Amendment Act 1991	28.11.1991	19.12.1991 (Gazette 19.12.1991 p1903)	
1992	34	 Statutes Amendment (Sentencing) Act 1992	21.5.1992	30.9.1992 (Gazette 24.9.1992 p1150)	
1992	35	 Statutes Amendment and Repeal (Public Offences) Act 1992	21.5.1992	6.7.1992 (Gazette 2.7.1992 p209)	
1993	65	 Correctional Services (Control of Prisoners' Spending) Amendment Act 1993	26.8.1993	26.8.1993	
1993	75	 Statutes Amendment (Abolition of Compulsory Retirement) Act 1993	21.10.1993	1.1.1994: s 2	
1994	4	 Correctional Services (Prisoners' Goods) Amendment Act 1994	31.3.1994	31.3.1994	
1994	35	 Statutes Amendment (Truth in Sentencing) Act 1994	2.6.1994	1.8.1994 (Gazette 14.7.1994 p69)	
1995	21	 Statutes Amendment (Correctional Services) Act 1995	20.4.1995	ss 1—3 and 5—20.4.1995: s 2	
1995	51	 Statutes Amendment (Paedophiles) Act 1995	27.7.1995	30.10.1995 (Gazette 21.9.1995 p783)	
1996	12	 Correctional Services (Miscellaneous) Amendment Act 1996	24.4.1996	8.8.1996 (Gazette 1.8.1996 p220)	
1998	60	 Statutes Amendment (Fine Enforcement) Act 1998	3.9.1998	Pt 2 (ss 4—6)—6.3.2000 (Gazette 18.11.1999 p2358)	
1999	42	 Statutes Amendment and Repeal (Justice Portfolio) Act 1999	5.8.1999	Pt 5 (ss 25—32)—3.10.1999 (Gazette 23.9.1999 p1208)	
2000	18	 Statutes Amendment (Warrants of Apprehension) Act 2000	1.6.2000	Pt 2 (s 4)—1.7.2000 (Gazette 15.6.2000 p3131)	
2000	57	 Statutes Amendment and Repeal (Attorney-General's Portfolio) Act 2000	20.7.2000	Pt 3 (ss 5 & 6)—14.8.2000 (Gazette 10.8.2000 p444)	
2001	58	 Victims of Crime Act 2001	15.11.2001	Sch 2 (cl 1)—1.1.2003 (Gazette 19.12.2002 p4736)	
2003	33	 Coroners Act 2003	31.7.2003	Sch (cl 6)—1.7.2005 (Gazette 23.6.2005 p1899)	
2005	1	 Correctional Services (Miscellaneous) Amendment Act 2005	24.2.2005	17.11.2005 (Gazette 17.11.2005 p3972)	
2005	46	 Correctional Services (Parole) Amendment Act 2005	6.10.2005	16.2.2006 (Gazette 16.2.2006 p577)	
2005	56	 Justices of the Peace Act 2005	17.11.2005	Sch 2 (cll 8—15)—1.7.2006 (Gazette 22.6.2006 p2012)	
2005	80	 Controlled Substances (Serious Drug Offences) Amendment Act 2005	8.12.2005	Sch 1 (cll 1 & 6)—3.12.2007 (Gazette 22.11.2007 p4294)	
2006	17	 Statutes Amendment (New Rules of Civil Procedure) Act 2006	6.7.2006	Pt 20 (s 79)—4.9.2006 (Gazette 17.8.2006 p2831)	
2006	43	 Statutes Amendment (Domestic Partners) Act 2006	14.12.2006	Pt 19 (s 60)—1.6.2007 (Gazette 26.4.2007 p1352)	
2006	44	 Statutes Amendment (Justice Portfolio) Act 2006	14.12.2006	Pt 9 (ss 13 & 14)—18.1.2007 (Gazette 18.1.2007 p234)	
2007	26	 Correctional Services (Miscellaneous) Amendment Act 2007	2.8.2007	23.11.2007 (Gazette 22.11.2007 p4294)	
2007	48	 Statutes Amendment (Victims of Crime) Act 2007	8.11.2007	Pt 3 (s 5)—17.7.2008 (Gazette 17.7.2008 p3372)	
2008	10	 Criminal Law Consolidation (Rape and Sexual Offences) Amendment Act 2008	17.4.2008	Sch 1 (cl 2)—23.11.2008 (Gazette 20.11.2008 p5171)	
2008	31	 Correctional Services (Application of Truth in Sentencing) Amendment Act 2008	23.7.2008	23.7.2008	
2009	63	 Correctional Services (Miscellaneous) Amendment Act 2009	26.11.2009	Pt 2 (ss 4—22) & Sch 2—1.1.2010 (Gazette 10.12.2009 p6167)	
2009	84	 Statutes Amendment (Public Sector Consequential Amendments) Act 2009	10.12.2009	Pt 39 (ss 71—73)—1.2.2010 (Gazette 28.1.2010 p320)	
Provisions amended
Certain textual alterations were made to this Act by the Commissioner of Statute Revision when preparing the reprint of the Act that incorporated all amendments in force as at 19 August 1985 and as at 19 June 1989. Schedules of these alterations were laid before Parliament on 1 August 1985 and 3 August 1989 respectively.
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
Pt 1			
s 2	deleted in pursuance of the Acts Republication Act 1967 as its function is now exhausted	19.6.1989	
s 3	amended by 94/1984 s 3	19.8.1985	
	deleted by 66/1985 Sch	19.8.1985	
s 4			
s 4(1)	s 4 redesignated as s 4(1) by 34/1992 s 45	30.9.1992	
Aboriginal people	inserted by 76/1990 s 3(a)	21.12.1990	
Aborigine	inserted by 76/1990 s 3(a)	21.12.1990	
alcotest	inserted by 1/2005 s 4(1)	17.11.2005	
analyst	inserted by 1/2005 s 4(1)	17.11.2005	
the Assessment Committee	deleted by 94/1984 s 4(a)	19.8.1985	
biological sample	inserted by 1/2005 s 4(1)	17.11.2005	
the Chief Executive Officer	inserted in pursuance of the Acts Republication Act 1967	19.6.1989	
child sexual offence	inserted by 51/1995 s 7	30.10.1995	
	amended by 44/2006 s 13(1), (2)	18.1.2007	
	amended by 10/2008 Sch 1 cl 2(1)—(3)	23.11.2008	
CIC levy	inserted by 60/1998 s 4	6.3.2000	
	deleted by 58/2001 Sch 2 cl 1(a)	1.1.2003	
community corrections officer	inserted by 42/1999 s 25(a)	3.10.1999	
conditional release	deleted by 94/1984 s 4(b)	19.8.1985	
the Department	amended by 35/1994 s 16 (Sch)	1.8.1994	
	deleted by 84/2009 s 71	uncommenced—not incorporated	
Department	inserted by 84/2009 s 71	uncommenced—not incorporated	
designated condition	inserted by 69/1986 s 4	8.12.1986	
designated part	inserted by 94/1984 s 4(c)	19.8.1985	
	deleted by 76/1990 s 3(b)	21.12.1990	
domestic partner	inserted by 43/2006 s 60(1)	1.6.2007	
drug	inserted by 52/1991 s 3	19.12.1991	
	substituted by 1/2005 s 4(2)	17.11.2005	
	substituted by 80/2005 Sch 1 cl 1	3.12.2007	
drug test	inserted by 1/2005 s 4(2)	17.11.2005	
immediate family	inserted by 46/2005 s 4(1)	16.2.2006	
	amended by 43/2006 s 60(2)	1.6.2007	
injury	inserted by 46/2005 s 4(1)	16.2.2006	
Magistrate	amended by 94/1984 s 4(d)	19.8.1985	
manager	inserted by 94/1984 s 4(e)	19.8.1985	
nearest police station	inserted by 1/2005 s 4(3)	17.11.2005	
parent	inserted by 46/2005 s 4(2)	16.2.2006	
parole officer	deleted by 42/1999 s 25(b)	3.10.1999	
the Permanent Head	deleted in pursuance of the Acts Republication Act 1967	19.6.1989	
prescribed procedure	inserted by 1/2005 s 4(4)	17.11.2005	
prisoner	amended by 94/1984 s 4(f)	19.8.1985	
registered victim	inserted by 46/2005 s 4(3)	16.2.2006	
the repealed Act	deleted in pursuance of the Acts Republication Act 1967 as its function is now exhausted	19.6.1989	
sentence of indeterminate duration	substituted by 51/1988 s 14	12.5.1988	
sexual offence	inserted by 46/2005 s 4(4)	16.2.2006	
	amended by 44/2006 s 13(3)	18.1.2007	
	amended by 10/2008 Sch 1 cl 2(4)—(6)	23.11.2008	
spouse	inserted by 43/2006 s 60(3)	1.6.2007	
superintendent	deleted by 94/1984 s 4(g)	19.8.1985	
victim	inserted by 35/1994 s 4(a)	1.8.1994	
	substituted by 46/2005 s 4(5)	16.2.2006	
Victims Register	inserted by 46/2005 s 4(5)	16.2.2006	
VIC levy	inserted by 58/2001 Sch 2 cl 1(b)	1.1.2003	
s 4(2)	inserted by 34/1992 s 45	30.9.1992	
	deleted by 35/1994 s 4(b)	1.8.1994	
	inserted by 63/2009 s 4	1.1.2010	
s 4A	inserted by 63/2009 s 5	1.1.2010	
s 5	deleted in pursuance of the Acts Republication Act 1967 as its function is now exhausted	19.6.1989	
	inserted by 46/2005 s 5	16.2.2006	
s 5(2)	amended by 48/2007 s 5(1)	17.7.2008	
s 5(6)	inserted by 48/2007 s 5(2)	17.7.2008	
s 6	deleted in pursuance of the Acts Republication Act 1967 as its function is now exhausted	19.6.1989	
Pt 2			
Pt 2 Div 1			
s 7			
s 7(1)	amended by 51/1988 s 15(a)	1.1.1989	
s 7(2)	amended by 94/1984 s 5(a)	19.8.1985	
	amended by 51/1988 s 15(b)	1.1.1989	
	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 7(2a)	inserted by 94/1984 s 5(b)	19.8.1985	
	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 7(4)	amended by 35/1994 s 16 (Sch)	1.8.1994	
Pt 2 Div 2			
s 10			
s 10(1)	substituted by 66/1985 Sch	19.8.1985	
s 10(2)	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 10(3)	amended by 94/1984 s 6	19.8.1985	
s 11			
s 11(1) and (2)	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 14			
s 14(1) and (2)	amended by 35/1994 s 16 (Sch)	1.8.1994	
Pt 2 Div 3			
s 17			
s 17(2)	substituted by 94/1984 s 7	19.8.1985	
	amended by 56/2005 Sch 2 cl 8	1.7.2006	
	(c) deleted by 56/2005 Sch 2 cl 8	1.7.2006	
s 17(3)	deleted by 94/1984 s 7	19.8.1985	
Pt 2 Div 4	inserted by 51/1988 s 16	1.1.1989	
s 17B	deleted by 63/2009 s 6	1.1.2010	
s 17C before deletion by 63/2009			
s 17C(2)	amended by 76/1990 s 4	21.12.1990	
s 17C(3)	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 17C	deleted by 63/2009 s 6	1.1.2010	
s 17D			
s 17D(1)	amended by 30/1990 s 3	17.5.1990	
s 17D(2)	amended by 54/1990 s 3(1) (Sch 1)	22.11.1990	
Pt 2 Div 5	inserted by 51/1988 s 16	1.1.1989	
Pt 3			
s 19			
s 19(1)	s 19 redesignated as s 19(1) by 94/1984 s 8	19.8.1985	
s 19(2)	inserted by 94/1984 s 8	19.8.1985	
	deleted by 76/1990 s 5	21.12.1990	
s 20	substituted by 94/1984 s 9	19.8.1985	
s 20(2)	amended by 76/1990 s 6(a)	21.12.1990	
	substituted by 63/2009 s 7	1.1.2010	
s 20(2a)	inserted by 76/1990 s 6(b)	21.12.1990	
	deleted by 63/2009 s 7	1.1.2010	
s 20(3)	amended by 56/2005 Sch 2 cl 9	1.7.2006	
Pt 4			
Pt 4 Div 1	heading deleted by 51/1988 s 17	1.1.1989	
	heading inserted by 51/1988 s 18	1.1.1989	
s 21	amended by 94/1984 s 10	19.8.1985	
	amended by 66/1985 s 3	19.8.1985	
	deleted by 51/1988 s 17	1.1.1989	
s 21A	inserted by 94/1984 s 11	19.8.1985	
	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 22			
s 22(1)	amended by 94/1984 s 12(a)	19.8.1985	
	amended by 76/1990 s 7(a)	21.12.1990	
s 22(2)	amended by 94/1984 s 12(b)	19.8.1985	
	amended by 76/1990 s 7(b)	21.12.1990	
s 22(4)	inserted by 51/1988 s 20	1.1.1989	
Pt 4 Div 2	heading deleted by 51/1988 s 19	1.1.1989	
Pt 4 Div 3	substituted by 94/1984 s 13	19.8.1985	
s 23			
s 23(1)	amended by 76/1990 s 8(a)	21.12.1990	
s 23(2)	substituted by 63/2009 s 8	1.1.2010	
s 23(3)	amended by 76/1990 s 8(b)	21.12.1990	
Pt 4 Div 4			
s 24			
s 24(1)	s 24 redesignated as s 24(1) by 76/1990 s 9	21.12.1990	
	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 24(2)	inserted by 76/1990 s 9	21.12.1990	
	amended by 63/2009 s 9(1)	1.1.2010	
s 24(3)	inserted by 63/2009 s 9(2)	1.1.2010	
Pt 4 Div 5			
s 25			
s 25(1)	amended by 94/1984 s 14(a)	19.8.1985	
	amended by 76/1990 s 10(a)	21.12.1990	
s 25(2)	amended by 94/1984 s 14(b)	19.8.1985	
	amended by 76/1990 s 10(b)	21.12.1990	
s 27			
s 27(1)	amended by 12/1996 s 3(a)	8.8.1996	
s 27(1a)	inserted by 1/2005 s 5(1)	17.11.2005	
s 27(2)	amended by 35/1994 s 16 (Sch)	1.8.1994	
	amended by 1/2005 s 5(2)	17.11.2005	
s 27(2a)	inserted by 12/1996 s 3(b)	8.8.1996	
	amended by 60/1998 s 5	6.3.2000	
	amended by 58/2001 Sch 2 cl 1(c)	1.1.2003	
s 27(3)	substituted by 1/2005 s 5(3)	17.11.2005	
s 27(4)	amended by 35/1994 s 16 (Sch)	1.8.1994	
	amended by 1/2005 s 5(4)	17.11.2005	
s 27(6)	inserted by 76/1990 s 11	21.12.1990	
s 27A	inserted by 1/2005 s 6	17.11.2005	
s 28			
s 28(1)	amended by 56/2005 Sch 2 cl 10(1)	1.7.2006	
s 28(2)	amended by 94/1984 s 15	19.8.1985	
	amended by 33/2003 Sch (cl 6)	1.7.2005	
	amended by 56/2005 Sch 2 cl 10(2)	1.7.2006	
s 28(3)	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 28(4)	inserted by 76/1990 s 12	21.12.1990	
Pt 4 Div 6			
s 29			
s 29(1)	amended by 94/1984 s 16	19.8.1985	
	amended by 66/1985 Sch	19.8.1985	
	amended by 76/1990 s 13	21.12.1990	
s 29(2) and (4)	amended by 94/1984 s 16	19.8.1985	
s 29(5)	inserted by 1/2005 s 7	17.11.2005	
s 31			
s 31(1)	amended by 66/1985 s 4(a)	19.8.1985	
	amended by 76/1990 s 4	21.12.1990	
	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 31(2)	amended by 1/2005 s 8	17.11.2005	
s 31(2a)	inserted by 30/1990 s 4(a)	17.5.1990	
s 31(3)	substituted by 65/1993 s 2(a)	26.8.1993	
s 31(4)	amended by 30/1990 s 4(b)	17.5.1990	
s 31(4a) and (4b)	inserted by 30/1990 s 4(c)	17.5.1990	
	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 31(5a)	inserted by 65/1993 s 2(b)	26.8.1993	
	substituted by 26/2007 s 4	23.11.2007	
s 31(6)	inserted by 66/1985 s 4(b)	19.8.1985	
	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 31(6a)	inserted by 60/1998 s 6	6.3.2000	
	amended by 58/2001 Sch 2 cl 1(d)	1.1.2003	
s 31(6b)	inserted by 60/1998 s 6	6.3.2000	
	amended by 58/2001 Sch 2 cl 1(e)	1.1.2003	
s 31(6c)	inserted by 60/1998 s 6	6.3.2000	
	amended by 58/2001 Sch 2 cl 1(f), (g)	1.1.2003	
s 31(7)	inserted by 65/1993 s 2(c)	26.8.1993	
s 32	amended by 94/1984 s 17	19.8.1985	
	amended by 66/1985 Sch	19.8.1985	
	amended by 65/1993 s 3	26.8.1993	
s 33			
s 33(1)	amended by 4/1994 s 2(a)	31.3.1994	
	substituted by 12/1996 s 4(a)	8.8.1996	
s 33(2)	amended by 94/1984 s 18(a)	19.8.1985	
	amended by 4/1994 s 2(b)	31.3.1994	
	deleted by 12/1996 s 4(a)	8.8.1996	
s 33(3)	amended by 94/1984 s 18(a)	19.8.1985	
	amended by 4/1994 s 2(c)	31.3.1994	
	amended by 1/2005 s 9	17.11.2005	
s 33(4)	amended by 94/1984 s 18(a)	19.8.1985	
	substituted by 4/1994 s 2(d)	31.3.1994	
	amended by 12/1996 s 4(b), (c)	8.8.1996	
s 33(5)	amended by 94/1984 s 18(b), (c)	19.8.1985	
	deleted by 12/1996 s 4(d)	8.8.1996	
s 33(7)	amended by 94/1984 s 18(d)	19.8.1985	
s 33(7a)	inserted by 66/1985 s 5(a)	19.8.1985	
s 33(8)	amended by 94/1984 s 18(e)	19.8.1985	
s 33(9)	amended by 4/1994 s 2(e), (f)	31.3.1994	
	deleted by 12/1996 s 4(e)	8.8.1996	
s 33(10)	amended by 94/1984 s 18(f)	19.8.1985	
	amended by 4/1994 s 2(g), (h)	31.3.1994	
	amended by 35/1994 s 16 (Sch)	1.8.1994	
	amended by 12/1996 s 4(f)	8.8.1996	
s 33(11)	amended by 94/1984 s 18(f)	19.8.1985	
	amended by 66/1985 s 5(b)	19.8.1985	
	amended by 4/1994 s 2(i), (j)	31.3.1994	
	amended by 35/1994 s 16 (Sch)	1.8.1994	
	amended by 12/1996 s 4(g)	8.8.1996	
s 33(12)	amended by 94/1984 s 18(f)	19.8.1985	
	amended by 4/1994 s 2(k)	31.3.1994	
s 33(14)			
authorised officer	amended by 94/1984 s 18(g)	19.8.1985	
	amended by 12/1996 s 4(h)	8.8.1996	
	amended by 84/2009 s 72(1), (2)	uncommenced—not incorporated	
s 33A	inserted by 4/1994 s 3	31.3.1994	
s 33A(1)	amended by 26/2007 s 5(1)	23.11.2007	
s 33A(2) and (3)	substituted by 26/2007 s 5(2)	23.11.2007	
s 33A(4)	amended by 26/2007 s 5(3)	23.11.2007	
s 33A(5) and (6)	substituted by 26/2007 s 5(4)	23.11.2007	
s 33A(8)	amended by 26/2007 s 5(5)	23.11.2007	
s 33A(9)	amended by 26/2007 s 5(6), (7)	23.11.2007	
s 34			
s 34(1)	amended by 76/1990 s 15	21.12.1990	
s 34(3)	amended by 94/1984 s 19	19.8.1985	
s 36	amended by 94/1984 s 20	19.8.1985	
	amended by 66/1985 Sch	19.8.1985	
	amended by 36/1988 s 2	28.4.1988	
	amended by 39/1989 s 3(1) (Sch 1)	19.6.1989	
	substituted by 76/1990 s 16	21.12.1990	
s 36(8)	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 36(9)	substituted by 63/2009 s 10	1.1.2010	
s 37	amended by 94/1984 s 21	19.8.1985	
	substituted by 22/1987 s 2	16.4.1987	
s 37(1)	amended by 76/1990 s 17	21.12.1990	
	amended by 52/1991 s 4	19.12.1991	
	amended by 1/2005 s 10(1)	17.11.2005	
s 37(1a)	inserted by 1/2005 s 10(2)	17.11.2005	
s 37(6)	inserted by 1/2005 s 10(3)	17.11.2005	
s 37AA before substitution by 1/2005	inserted by 52/1991 s 5	19.12.1991	
s 37AA(2a)	inserted by 21/1995 s 3(a)	20.4.1995	
s 37AA	substituted by 1/2005 s 11	17.11.2005	
Pt 4 Div 6A	inserted by 98/1986 s 3	1.1.1987	
s 37A			
s 37A(1)	amended by 76/1990 s 18(a)	21.12.1990	
	amended by 35/1994 s 5(a)	1.8.1994	
	amended by 63/2009 s 11	1.1.2010	
s 37A(1a)	inserted by 76/1990 s 18(b)	21.12.1990	
	deleted by 1/2005 s 12	17.11.2005	
s 37A(2)	amended by 76/1990 s 18(c)	21.12.1990	
	(b) deleted by 76/1990 s 18(c)	21.12.1990	
	amended by 35/1994 s 5(b)	1.8.1994	
	substituted by 1/2005 s 12	17.11.2005	
s 37A(3)	amended by 76/1990 s 18(d)	21.12.1990	
s 37A(4)	substituted by 76/1990 s 18(e)	21.12.1990	
	amended by 35/1994 s 5(c)	1.8.1994	
s 37A(6)	inserted by 76/1990 s 18(f)	21.12.1990	
	substituted by 12/1996 s 5	8.8.1996	
s 37B			
s 37B(2)	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 37B(5)	amended by 39/1989 s 3(1) (Sch 1)	19.6.1989	
	amended by 12/1996 s 9 (Sch)	8.8.1996	
	amended by 63/2009 s 12	1.1.2010	
s 37C			
s 37C(3)	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 37C(4)	amended by 76/1990 s 19	21.12.1990	
s 37C(6)	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 37D	substituted by 76/1990 s 20	21.12.1990	
Pt 4 Div 7			
s 38			
s 38(1)	s 38 redesignated as s 38(1) by 76/1990 s 21	21.12.1990	
s 38(2)	inserted by 76/1990 s 21	21.12.1990	
	amended by 34/1992 s 46(a)	30.9.1992	
s 38(3)	inserted by 34/1992 s 46(b)	30.9.1992	
s 38(3a)	inserted by 63/2009 s 13	1.1.2010	
s 38(4)	inserted by 34/1992 s 46(b)	30.9.1992	
s 39			
s 39(1)	amended by 66/1985 Sch	19.8.1985	
s 39(2)	substituted by 94/1984 s 22	19.8.1985	
	deleted by 76/1990 s 22	21.12.1990	
s 39(3)	substituted by 94/1984 s 22	19.8.1985	
s 39(4) and (5)	deleted by 94/1984 s 22	19.8.1985	
s 39A	inserted by 94/1984 s 23	19.8.1985	
	amended by 66/1985 s 6	19.8.1985	
	amended by 76/1990 s 23	21.12.1990	
	amended by 42/1999 s 26	3.10.1999	
ss 39B and 39C	inserted by 94/1984 s 23	19.8.1985	
Pt 5			
Pt 5 Div 1	heading amended by 94/1984 s 24	19.8.1985	
s 40	deleted by 94/1984 s 25	19.8.1985	
s 41			
s 41(1)	amended by 56/2005 Sch 2 cl 11(1)—(4)	1.7.2006	
s 41(2)	amended by 39/1989 s 3(1) (Sch 1)	19.6.1989	
	amended by 12/1996 s 9 (Sch)	8.8.1996	
	amended by 56/2005 Sch 2 cl 11(5)	1.7.2006	
	amended by 63/2009 s 14	1.1.2010	
s 42	s 42(1) redesignated as s 42 in pursuance of the Acts Republication Act 1967	19.8.1985	
	amended by 56/2005 Sch 2 cl 12(1), (2)	1.7.2006	
s 42(2)	deleted by 94/1984 s 26	19.8.1985	
Pt 5 Div 2			
s 42A	inserted by 35/1994 s 6	1.8.1994	
s 42A(2)	amended by 63/2009 s 15(1), (2)	1.1.2010	
s 43			
s 43(1)	amended by 94/1984 s 27(a)	19.8.1985	
s 43(2)	amended by 94/1984 s 27(b)—(e) 	19.8.1985	
	amended by 66/1985 Sch	19.8.1985	
	amended by 35/1994 ss 7, 16 (Sch)	1.8.1994	
	amended by 63/2009 s 16(1), (2)	1.1.2010	
s 43(3)	inserted by 94/1984 s 27(f)	19.8.1985	
s 44			
s 44(1)	amended by 94/1984 s 28(a)	19.8.1985	
	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 44(2)	amended by 67/1983 s 3	19.8.1985	
	amended by 94/1984 s 28(b)—(f)	19.8.1985	
	(a) deleted by 94/1984 s 28(d)	19.8.1985	
	amended by 66/1985 Sch	19.8.1985	
	amended by 35/1994 ss 8(b), 16 (Sch)	1.8.1994	
	(b) deleted by 35/1994 s 8(a)	1.8.1994	
s 44(3)	deleted by 94/1984 s 28(g)	19.8.1985	
s 44(4)	amended by 94/1984 s 28(h)	19.8.1985	
	amended by 35/1994 s 8(c)	1.8.1994	
s 44(5)	inserted by 94/1984 s 28(i)	19.8.1985	
s 45	amended by 94/1984 s 29	19.8.1985	
	amended by 66/1985 s 7	19.8.1985	
	amended by 35/1994 s 16 (Sch)	1.8.1994	
	amended by 17/2006 s 79	4.9.2006	
s 46			
s 46(1)	amended by 94/1984 s 30 	19.8.1985	
	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 46(3)	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 46(4)	amended by 94/1984 s 30	19.8.1985	
	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 46(5)	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 47			
s 47(1)	amended by 76/1990 s 24(a)	21.12.1990	
s 47(1a)	inserted by 76/1990 s 24(b)	21.12.1990	
	amended by 35/1994 s 16 (Sch)	1.8.1994	
	amended by 56/2005 Sch 2 cl 13	1.7.2006	
	amended by 44/2006 s 14	18.1.2007	
s 47(2a)	inserted by 76/1990 s 24(c)	21.12.1990	
s 47(4)	amended by 76/1990 s 24(d), (e)	21.12.1990	
s 47(5)	amended by 76/1990 s 24(f)	21.12.1990	
s 48	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 49	deleted by 94/1984 s 31	19.8.1985	
	inserted by 35/1994 s 9	1.8.1994	
Pt 5 Div 3	heading deleted by 94/1984 s 31	19.8.1985	
Pt 5 Div 4	heading substituted by 35/1992 s 11	6.7.1992	
	heading amended by 57/2000 s 5	14.8.2000	
s 50			
s 50(1)	amended by 39/1989 s 3(1) (Sch 1)	19.6.1989	
	substituted by 35/1992 s 12	6.7.1992	
	deleted by 57/2000 s 6	14.8.2000	
s 50(2)	substituted by 94/1984 s 32	19.8.1985	
	deleted by 35/1992 s 12	6.7.1992	
s 50A	inserted by 94/1984 s 33	19.8.1985	
s 50A(1)	amended by 39/1989 s 3(1) (Sch 1)	19.6.1989	
	amended by 12/1996 s 9 (Sch)	8.8.1996	
s 51			
s 51(1)	s 51 amended by 39/1989 s 3(1) (Sch 1)	19.6.1989	
	s 51 amended and redesignated as s 51(1) by 12/1996 s 6	8.8.1996	
	amended by 63/2009 s 17	1.1.2010	
s 51(2)	inserted by 12/1996 s 6(c)	8.8.1996	
s 52			
s 52(1)	substituted by 35/1992 s 13	6.7.1992	
	amended by 35/1994 s 16 (Sch)	1.8.1994	
	amended by 1/2005 s 13(1)—(3)	17.11.2005	
s 52(2)	amended by 35/1994 s 16 (Sch)	1.8.1994	
	amended by 1/2005 s 13(4)	17.11.2005	
s 53	amended by 39/1989 s 3(1) (Sch 1)	19.6.1989	
	deleted by 35/1992 s 14	6.7.1992	
s 54	deleted by 98/1986 s 4	1.1.1987	
Pt 6			
Pt 6 Div 1			
s 55			
s 55(2)	amended by 94/1984 s 34(a)—(c)	19.8.1985	
	amended by 75/1993 s 7	1.1.1994	
	amended by 35/1994 s 16 (Sch)	1.8.1994	
	substituted by 46/2005 s 6	16.2.2006	
s 55(3)	amended by 94/1984 s 34(d)	19.8.1985	
	substituted by 46/2005 s 6	16.2.2006	
s 55(3a)	inserted by 94/1984 s 34(e)	19.8.1985	
	substituted by 46/2005 s 6	16.2.2006	
s 55(4)	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 56			
s 56(1)	substituted by 35/1994 s 10	1.8.1994	
	deleted by 46/2005 s 7(1)	16.2.2006	
s 56(2)	amended by 35/1994 s 16 (Sch)	1.8.1994	
	amended by 46/2005 s 7(2)	16.2.2006	
s 56(3)	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 58			
s 58(3)	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 59			
s 59(1)	substituted by 94/1984 s 35	19.8.1985	
	amended by 35/1994 s 16 (Sch)	1.8.1994	
	amended by 46/2005 s 8(1)—(3)	16.2.2006	
s 60	substituted by 94/1984 s 36	19.8.1985	
s 60(2)	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 60(3)	amended by 35/1994 s 16 (Sch)	1.8.1994	
	substituted by 46/2005 s 9(1)	16.2.2006	
s 60(4)	amended by 35/1994 s 16 (Sch)	1.8.1994	
	amended by 46/2005 s 9(2), (3)	16.2.2006	
s 60(5)	amended by 35/1994 s 16 (Sch)	1.8.1994	
	amended by 46/2005 s 9(4), (5)	16.2.2006	
s 60A	inserted by 94/1984 s 36	19.8.1985	
s 60A(2) and (3)	deleted by 84/2009 s 73	uncommenced—not incorporated	
s 63			
s 63(1)	amended by 66/1985 Sch	19.8.1985	
	amended by 30/1990 s 5	17.5.1990	
s 63(2)	amended by 39/1989 s 3(1) (Sch 1)	19.6.1989	
	amended by 12/1996 s 9 (Sch)	8.8.1996	
s 63(3)	inserted by 69/1986 s 5	8.12.1986	
	amended by 36/1988 s 3(a)	28.4.1988	
s 63(4)	inserted by 69/1986 s 5	8.12.1986	
s 63(5)	inserted by 36/1988 s 3(b)	28.4.1988	
s 64			
s 64(1)	amended by 94/1984 s 37(a)—(c)	19.8.1985	
	(b) and (c) deleted by 94/1984 s 37(b)	19.8.1985	
	amended by 35/1994 s 16 (Sch)	1.8.1994	
	amended by 46/2005 s 10(1)	16.2.2006	
s 64(1a)	inserted by 46/2005 s 10(2)	16.2.2006	
s 64(2)	amended by 94/1984 s 37(d)	19.8.1985	
	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 64(3a)	inserted by 94/1984 s 37(e)	19.8.1985	
	deleted by 69/1986 s 6	8.12.1986	
s 64(4)	amended by 94/1984 s 37(f)	19.8.1985	
s 64(5)	deleted by 51/1988 s 21	12.5.1988	
Pt 6 Div 2	amended by 94/1984 s 38	19.8.1985	
	amended by 69/1986 s 7	8.12.1986	
	deleted by 51/1988 s 22	1.1.1989	
Pt 6 Div 3			
s 66			
s 66(1)	s 66 substituted by 94/1984 s 39	19.8.1985	
	s 66 amended by 69/1986 s 8	8.12.1986	
	s 66 amended by 76/1990 s 25	21.12.1990	
	s 66 substituted by 35/1994 s 11	1.8.1994	
	s 66 amended and redesignated as s 66(1) by 46/2005 s 11(1), (2)	16.2.2006	
s 66(2)	inserted by 46/2005 s 11(2)	16.2.2006	
	amended by 63/2009 s 18(1)	1.1.2010	
s 66(3)	inserted by 63/2009 s 18(2)	1.1.2010	
s 67	deleted by 94/1984 s 39	19.8.1985	
	inserted by 35/1994 s 11	1.8.1994	
s 67(1) and (2)	substituted by 46/2005 s 12(1)	16.2.2006	
s 67(3a)	inserted by 46/2005 s 12(2)	16.2.2006	
s 67(4)	amended by 46/2005 s 12(3)—(6)	16.2.2006	
s 68	deleted by 94/1984 s 39	19.8.1985	
	inserted by 35/1994 s 11	1.8.1994	
s 68(1)	amended by 42/1999 s 27	3.10.1999	
s 68(1a)	inserted by 51/1995 s 8	30.10.1995	
s 68(1b)	inserted by 46/2005 s 13(1)	16.2.2006	
s 68(2)	amended by 46/2005 s 13(2)—(4)	16.2.2006	
s 68(4)	substituted by 21/1995 s 3(b)	20.4.1995	
s 68(5)	inserted by 21/1995 s 3(b)	20.4.1995	
s 69	amended by 94/1984 s 40	19.8.1985	
s 70			
s 70(1)	substituted by 94/1984 s 41	19.8.1985	
	amended by 35/1994 s 12	1.8.1994	
s 70(2)	amended by 69/1986 s 9	8.12.1986	
	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 71	substituted by 94/1984 s 42	19.8.1985	
s 71(1) and (2)	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 71(4)	amended by 42/1999 s 28	3.10.1999	
s 72			
s 72(1)	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 72(2)	amended by 42/1999 s 29	3.10.1999	
s 72(3)	substituted by 94/1984 s 43	19.8.1985	
	amended by 69/1986 s 10	8.12.1986	
s 73	deleted by 94/1984 s 44	19.8.1985	
	inserted by 69/1986 s 11	8.12.1986	
s 74			
s 74(1)	amended by 94/1984 s 45(a)	19.8.1985	
	substituted by 69/1986 s 12(a)	8.12.1986	
	substituted by 30/1990 s 6	17.5.1990	
s 74(1a) and (1b)	inserted by 69/1986 s 12(b)	8.12.1986	
s 74(2)	amended by 42/1999 s 30	3.10.1999	
s 74(3)	substituted by 94/1984 s 45(b)	19.8.1985	
s 74(4)	inserted by 94/1984 s 45(b)	19.8.1985	
	substituted by 69/1986 s 12(c)	8.12.1986	
s 74(4a) and (4b)	inserted by 69/1986 s 12(c)	8.12.1986	
s 74(5)	inserted by 94/1984 s 45(b)	19.8.1985	
s 74AA	inserted by 30/1990 s 7	17.5.1990	
s 74AA(3)	amended by 42/1999 s 31(a)	3.10.1999	
s 74AA(4)	amended by 34/1992 s 47	30.9.1992	
	amended by 42/1999 s 31(b), (c)	3.10.1999	
s 74AA(5)	amended by 42/1999 s 31(c)	3.10.1999	
s 74A	inserted by 94/1984 s 46	19.8.1985	
	amended by 35/1994 s 16 (Sch)	1.8.1994	
s 75			
s 75(1)	substituted by 94/1984 s 47(a)	19.8.1985	
	substituted by 30/1990 s 8(a)	17.5.1990	
s 75(1a)	inserted by 94/1984 s 47(a)	19.8.1985	
	amended by 30/1990 s 8(b)	17.5.1990	
s 75(2)	amended by 30/1990 s 8(c)	17.5.1990	
	amended by 54/1990 s 3(1) (Sch 1)	22.11.1990	
s 75(3)	inserted by 94/1984 s 47(b)	19.8.1985	
	deleted by 69/1986 s 13	8.12.1986	
s 76			
s 76(1)	amended by 18/2000 s 4(a)	1.7.2000	
s 76(2)	amended by 18/2000 s 4(b)	1.7.2000	
s 76(2a)	inserted by 36/1988 s 4	28.4.1988	
s 76(3a)	inserted by 18/2000 s 4(c)	1.7.2000	
s 76(4)	inserted by 94/1984 s 48	19.8.1985	
s 77			
s 77(1)	deleted by 94/1984 s 49(a)	19.8.1985	
	inserted by 35/1994 s 13(a)	1.8.1994	
	amended by 58/2001 Sch 2 cl 1(h)	1.1.2003	
	substituted by 46/2005 s 14(1)	16.2.2006	
s 77(1a)	inserted by 46/2005 s 14(1)	16.2.2006	
s 77(2)	amended by 94/1984 s 49(b)	19.8.1985	
	amended by 35/1994 s 13(b)	1.8.1994	
	amended by 58/2001 Sch 2 cl 1(i)	1.1.2003	
	amended by 46/2005 s 14(2)	16.2.2006	
s 77(3)	substituted by 94/1984 s 49(c)	19.8.1985	
	amended by 30/1990 s 9	17.5.1990	
s 77(4) and (5)	inserted by 12/1996 s 7	8.8.1996	
s 78	deleted by 94/1984 s 50	19.8.1985	
Pt 7	substituted by 94/1984 s 51	19.8.1985	
	amended by 66/1985 s 8, Sch	19.8.1985	
	amended by 69/1986 ss 14, 15	8.12.1986	
	amended by 34/1992 s 48	30.9.1992	
	deleted by 35/1994 s 14	1.8.1994	
Pt 8			
s 82	inserted by 26/2007 s 6	23.11.2007	
s 82(1)	amended by 63/2009 s 19(1)	1.1.2010	
s 82(3)	amended by 63/2009 s 19(2)	1.1.2010	
s 83			
s 83(1) and (2)	amended by 94/1984 s 52(a)	19.8.1985	
s 83(4)	inserted by 94/1984 s 52(b)	19.8.1985	
s 84	amended by 94/1984 s 53	19.8.1985	
	substituted by 54/1990 s 3(1) (Sch 1)	22.11.1990	
	amended by 34/1992 s 49	30.9.1992	
s 85	deleted by 94/1984 s 54	19.8.1985	
	inserted by 21/1995 s 3(c)	20.4.1995	
	amended by 1/2005 s 14	17.11.2005	
s 85A	inserted by 94/1984 s 55	19.8.1985	
	substituted by 1/2005 s 15	17.11.2005	
s 85B	inserted by 94/1984 s 55	19.8.1985	
	amended by 39/1989 s 3(1) (Sch 1)	19.6.1989	
	amended by 35/1994 s 16 (Sch)	1.8.1994	
	substituted by 12/1996 s 8	8.8.1996	
	substituted by 1/2005 s 15	17.11.2005	
s 85C	inserted by 12/1996 s 8	8.8.1996	
	amended by 46/2005 s 15(1), (2)	16.2.2006	
ss 85D	inserted by 12/1996 s 8	8.8.1996	
s 85D(2)	amended by 46/2005 s 16	16.2.2006	
s 86	amended by 63/2009 s 20	1.1.2010	
s 86A	inserted by 51/1988 s 23	1.1.1989	
	deleted by 63/2009 s 21	1.1.2010	
s 88A	inserted by 98/1986 s 5	1.1.1987	
s 88B	inserted by 76/1990 s 26	21.12.1990	
s 89			
s 89(2)	amended by 94/1984 s 56	19.8.1985	
	amended by 30/1990 s 10	17.5.1990	
	amended by 52/1991 s 6	19.12.1991	
	(k) deleted by 65/1993 s 4	26.8.1993	
	amended by 35/1994 s 15	1.8.1994	
	amended by 42/1999 s 32	3.10.1999	
	amended by 1/2005 s 16	17.11.2005	
	amended by 56/2005 Sch 2 cl 14	1.7.2006	
	amended by 26/2007 s 7(1), (2)	23.11.2007	
	(d) deleted by 63/2009 s 22(1)	1.1.2010	
	amended by 63/2009 s 22(2)—(5)	1.1.2010	
s 89(3)	inserted by 26/2007 s 7(3)	23.11.2007	
	amended by 63/2009 s 22(6)	1.1.2010	
Sch 1	inserted by 31/2008 s 3	23.7.2008	
Transitional etc provisions associated with Act or amendments
Statutes Amendment (Truth in Sentencing) Act 1994, ss 20 and 21, as amended by Statutes Amendment (Correctional Services) Act 1995, s 4
20—Reduction of existing sentences and non-parole periods
	(1)	Subject to subsection (2), a sentence of imprisonment (including a suspended sentence) imposed before the commencement of this Act and a non-parole period imposed before the commencement of this Act are, on the commencement of this Act, reduced—
	(a)	by the number of days of remission credited to the prisoner or youth; and
	(b)	by the maximum number of days of remission that the prisoner or youth could have earned after the commencement of this Act had this Act not repealed Part 7 of the Correctional Services Act 1982.
	(2)	If a prisoner or youth becomes liable to serve the unexpired balance of a term of imprisonment imposed before the commencement of this Act, no reduction of that balance is to be made under this section.
	(3)	In subsection (1), the maximum number of days of remission, in relation to a sentence of imprisonment (including a suspended sentence) in respect of which a non-parole period has been fixed, means the maximum number of days of remission that the prisoner or youth could have earned in respect of that non-parole period assuming that he or she was released in accordance with section 66(1) of the Correctional Services Act 1982 (as in force before the commencement of this Act), whether or not he or she is in fact released at the end of the non-parole period (as reduced under this section).
21—Sentences imposed after commencement of this Act
	(1)	A court, in fixing the term of a sentence of imprisonment or in fixing or extending a non-parole period, must, when considering sentences imposed before the commencement of this Act (but after the commencement of the Prisons Act Amendment Act (No. 2) 1983) for comparable offences, take into account the abolition of the previous statutory scheme for remission of sentence.
	(2)	This section applies whether the offence to which the sentence or non-parole period relates was committed before or after the commencement of this Act.
Statutes Amendment (Correctional Services) Act 1995
5—Transitional provision
Nothing in section 4 of this Act affects a decision or order of a court or the Parole Board made before the commencement of this Act.
Correctional Services (Parole) Amendment Act 2005, Sch 1
1—Transitional provision
	(1)	A member of the Board holding office under the Correctional Services Act 1982 (the principal Act) immediately before the commencement of this Schedule will, on that commencement, continue in office for the balance of the person's term, subject to section 58 of the principal Act.
	(2)	The amendments made by Part 2 of this Act to Part 6 Division 3 of the principal Act are intended to apply in respect of prisoners serving sentences of imprisonment immediately before the commencement of this Schedule regardless of when the prisoners were sentenced.
	(3)	However, if, before the commencement of this Schedule, the Board had, under section 66 of the principal Act, ordered a prisoner to be released from prison or home detention on parole, the prisoner is, subject to the provisions of Part 6 Division 3 of that Act as in force immediately before that commencement, to be released on parole.
Justices of the Peace Act 2005, Sch 2
15—Transitional provision
An amendment made by Schedule 2 of the Justices of the Peace Act 2005 to the Correctional Services Act 1982 does not apply in respect of proceedings commenced before the commencement of the amending provision (and those proceedings may continue as if the amending provision had not been enacted).
Controlled Substances (Serious Drug Offences) Amendment Act 2005, Sch 1
6—Transitional provision
An amendment to the principal Act effected by a provision of this Act only applies in relation to an offence if the offence is committed on or after the commencement of the provision.
Correctional Services (Miscellaneous) Amendment Act 2009, Sch 2
1—Transitional provision
	(1)	The amendments made by Part 2 of this Act to section 66 of the Correctional Services Act 1982 (the principal Act) are intended to apply in respect of prisoners serving sentences of imprisonment immediately before the commencement of this clause regardless of when the prisoners were sentenced.
	(2)	However, if, before the commencement of this clause, the Board had, under section 66 of the principal Act, ordered a prisoner to be released from prison or home detention on parole, the prisoner is, subject to the provisions of Part 6 Division 3 of the principal Act as in force immediately before that commencement, to be released on parole.
Historical versions
Reprint No 1—1.7.1991		
Reprint No 2—19.12.1991		
Reprint No 3—6.7.1992		
Reprint No 4—30.9.1992		
Reprint No 5—26.8.1993		
Reprint No 6—1.1.1994		
Reprint No 7—31.3.1994		
Reprint No 8—1.8.1994		
Reprint No 9—20.4.1995		
Reprint No 10—30.10.1995		
Reprint No 11—8.8.1996		
Reprint No 12—3.10.1999		
Reprint No 13—6.3.2000		
Reprint No 14—1.7.2000		
Reprint No 15—14.8.2000		
Reprint No 16—1.1.2003		
1.7.2005		
17.11.2005		
16.2.2006		
1.7.2006		
4.9.2006		
18.1.2007		
1.6.2007		
23.11.2007 (electronic only)		
3.12.2007		
17.7.2008 (electronic only)		
23.7.2008		
23.11.2008