Australian Capital Territory Consolidated Acts

CORRECTIONS MANAGEMENT ACT 2007 - SECT 139

    (1)     A corrections officer may use force under this part only if the officer—

        (a)     gives a clear warning of the intended use of force; and

        (b)     allows enough time for the warning to be observed; and

        (c)     uses no more force than is necessary and reasonable in the circumstances; and

        (d)     uses force, as far as practicable, in a way that reduces the risk of causing death or grievous bodily harm.

    (2)     However, the corrections officer need not comply with subsection (1) (a) or (b) if, in urgent circumstances, the officer believes, on reasonable grounds, that doing so would create a risk of injury to the officer, the detainee or anyone else.

Example of urgent circumstances

the detainee is assaulting someone or engaging in self-harm

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).