Queensland Consolidated Acts Queensland Consolidated Acts2000 Act see section 356.
access approval, for a visitor, see section 155(1).
accredited visitor means—
(a) the Minister; or
(b) a member of the Legislative Assembly; or
(c) a judicial officer; or
(d) a member of a parole board; or
(e) the ombudsman; or
(f) an inspector, including the chief inspector; or
(g) an official visitor.
agency arrangement, for chapter 6, part 13A, see section 344B.
amending Act, for chapter 7A, part 4, see section 480.
Anti-Discrimination Act means the Anti-Discrimination Act 1991.
applied discipline procedure see section 406(2).
appointed member means—
(a) for the Queensland board—a member of the board appointed under section 218(1)(a) or (b); or
(b) for a regional board—a member of the board appointed under section 232(1)(a), (b) or (c).
appropriately qualified, for a person appointed to a position or to whom functions or powers are delegated, includes having the qualifications, experience or standing appropriate—
(a) to perform the functions or exercise the powers of the position; or
(b) to perform the delegated functions or exercise the delegated powers.
Example of standing—
a person's classification level in the public service
approved, other than for an approved resettlement leave program, means approved by the chief executive.
approved form means a form approved under section 354.
approved resettlement leave program means a resettlement leave program approved under section 76(1) or 77(1) as in force before the commencement of the Corrective Services and Other Legislation Amendment Act 2009, section 11.
authorised functions, for an engaged service provider, see section 272(1).
authorised mental health service means an authorised mental health service under the Mental Health Act 2000.
award of compensation, for chapter 6, part 12B, see section 319J.
award of damages, for chapter 6, part 12B, see section 319J.
body search, of a prisoner, means a search of the prisoner's body, including an examination of an orifice or cavity of the prisoner's body.
breach of discipline means an act or omission prescribed under section 113(1) as a breach of discipline.
charge, for chapter 6, part 13, division 2, see section 327.
chief inspector means the person who holds appointment as chief inspector under section 296.
child in care means a child—
(a) who is in the custody or guardianship of the child protection chief executive; or
(b) who, under an agreement entered into by the child protection chief executive and a parent of the child, has been placed in the care of someone other than a parent of the child.
child protection chief executive means the chief executive of the department in which the Child Protection Act 1999 is administered.
child support registrar, for chapter 6, part 12B, see section 319J.
collection entity, for chapter 6, part 12B, see section 319J.
commencement—
(a) for chapter 7, see section 356; or
(b) for chapter 7A, see section 480.
commissioner means the commissioner of the police service.
community based order means—
(a) a community service order; or
(b) a fine option order; or
(c) an intensive correction order; or
(d) a probation order.
community corrections centre means a place declared to be a community corrections centre under section 151(1)(a)(i).
community corrective services means services—
(a) for offenders who are not prisoners; or
(b) provided at a probation and parole office.
community service means an activity declared to be community service under section 270(1).
community service leave see section 72(1)(a).
community service order means a community service order under the Penalties and Sentences Act 1992.
community service supervisor see section 270(2).
compassionate leave see section 72(1)(b).
conditional release means release under a conditional release order.
conditional release order see section 98(1).
confidential information see section 341(4).
contact visit means a personal visit during which there is direct contact between the prisoner and personal visitor.
contemporaneous communication link means a link using technology that allows persons using the link to hear and take part in discussions as they happen.
Example of technology—
videoconferencing
conviction, for the definition criminal history, means a finding of guilt by a court, or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.
corrections board, for sections 432(1) and 442(1)(a), means a corrections board within the meaning of the 2000 Act.
corrective services means—
(a) community corrective services; or
(b) custodial corrective services.
corrective services dog means a dog certified under section 279 as a corrective services dog.
corrective services facility means—
(a) a prison; or
(b) a community corrections centre; or
(c) a work camp.
corrective services officer means a person who holds appointment as a corrective services officer under section 275.
corresponding interstate leave permit means a permit, issued under a corresponding law, that corresponds to an interstate leave permit.
corresponding law means a law declared under section 96 to be a corresponding law for chapter 2, part 2, division 9.
court includes—
(a) a court exercising appellate jurisdiction; and
(b) any justice or justices of the peace examining witnesses in relation to an indictable offence.
court order includes the order of a tribunal.
court ordered parole order means an order issued by the chief executive under section 199 in accordance with a court order under the Penalties and Sentences Act 1992, section 160B(3) fixing the date for the prisoner to be released on parole.
criminal history, of a person, means all of the following—
(a) every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this section;
(b) every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this section;
(c) the court briefs for the offences.
custodial corrective services means services for prisoners in a corrective services facility.
dangerous drug, for chapter 6, part 13A, see section 344B.
deciding officer means—
(a) for a minor breach of discipline—a corrective services officer, whether or not the officer is the same officer who decided under section 113 to start proceedings for the breach; or
(b) for a major breach of discipline—a corrective services officer who holds a more senior position than the corrective services officer who decided under section 113 to start proceedings for the breach.
detained means detained in custody.
detained dangerous prisoner (sexual offender) means a prisoner subject to a continuing detention order or interim detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003.
disbursements, for chapter 6, part 12B, see section 319J.
discharge, for either of the following persons, means unconditionally release the person from lawful custody—
(a) a prisoner;
(b) a person mentioned in section 110(1)(a)(ii).
discharge day, for either of the following persons, means the day on which the person is eligible to be discharged—
(a) a prisoner;
(b) a person mentioned in section 110(1)(a)(ii).
drug control direction, for chapter 6, part 13A, see section 344B.
drug control officer, for chapter 6, part 13A, see section 344B.
drug vault, for chapter 6, part 13A, see section 344B.
early discharge means discharge under section 108(3) or 110.
educational leave see section 72(1)(c).
eligible entity claim, for chapter 6, part 12B, see section 319ZC(3).
eligible person, in relation to a prisoner, means a person included on the eligible persons register as an eligible person in relation to the prisoner.
eligible persons register means the register kept under section 320(1).
eligible victim claim, for chapter 6, part 12B, see section 319X(3).
engaged by the department means each of the following persons—
(a) a public service employee in the department;
(b) an honorary officer;
(c) an agent;
(d) a person working in the department as a volunteer or as a student on work experience.
engaged service provider see section 272(1).
entity claim, for chapter 6, part 12B, see section 319Z.
escape includes being unlawfully at large.
exceptional circumstances parole order means a parole order mentioned in section 194(2).
existing regional board means a regional community corrections board in existence under the 2000 Act immediately before the commencement of section 438.
expectation includes right, privilege, entitlement and eligibility.
finally decided, for chapter 6, part 12B, see section 319J.
financial assistance agreement see section 252(1).
fine option order means a fine option order under the Penalties and Sentences Act 1992.
general clothes means clothes that are not an inner garment or outer garment.
general search, of a person, means a search—
(a) to reveal the contents of the person's outer garments, general clothes or hand luggage without touching the person or the luggage; or
(b) in which the person may be required to—
(i) open his or her hands or mouth for visual inspection; or
(ii) shake his or her hair vigorously.
grantee means the grantee of a grant of financial assistance under chapter 6, part 1.
grievous bodily harm see the Criminal Code, section 1.
health leave see section 72(1)(d).
immediate family member, of a person, means the person's spouse, child, stepchild, parent, step-parent, brother, sister, stepbrother, stepsister, grandparent or legal guardian.
in, a corrective services facility, includes at or on the facility.
incident means—
(a) the death (other than by natural causes), or the serious injury, of someone who is—
(i) in a corrective services facility; or
(ii) subject to a community based order or parole order and under the direct personal supervision of a corrective services officer; or
Example—
A prisoner is one of a group of prisoners repairing a hall as part of community service performed under the direct personal supervision of a corrective services officer. If the prisoner cuts off a finger with a power saw, the injury is an incident even though the officer was helping another prisoner at the time of the incident.
However, if a prisoner cuts off a finger with a power saw while doing home renovations while on parole, and a corrective services officer is not at the home at the time, the injury is not an incident .
(b) an escape or attempted escape from secure custody; or
(c) a riot or mutiny involving prisoners while in custody; or
(d) another event involving prisoners that the chief executive considers requires being investigated by inspectors.
information notice, about a decision of the chief executive, means a written notice that includes the following—
(a) the decision;
(b) the chief executive's reasons for the decision;
(c) the date the decision has effect.
inner garment means a garment worn underneath general clothes, including, for example, underwear.
inspector means a person, including the chief inspector, who holds an appointment as an inspector under section 294.
intensive correction order means an intensive correction order under the Penalties and Sentences Act 1992.
interstate escort see section 94(1).
interstate leave permit see section 89(1).
interstate prisoner means a person who, under a corresponding law, is a prisoner.
law enforcement agency means—
(a) the Crime and Misconduct Commission, a commission of inquiry under the Commissions of Inquiry Act 1950, or the police service; or
(b) the Australian Federal Police; or
(c) the Australian Crime Commission established under the Australian Crime Commission Act 2002 (Cwlth), section 7; or
(d) a police force or service of another State; or
(e) another entity declared under a regulation to be a law enforcement agency.
leave of absence means any of the following—
(a) community service leave;
(b) compassionate leave;
(c) educational leave;
(d) health leave;
(e) reintegration leave granted under section 72(1)(e) as in force before the commencement of the Corrective Services and Other Legislation Amendment Act 2009, section 10(1);
(f) resettlement leave granted under section 72(1)(f) as in force before the commencement of the Corrective Services and Other Legislation Amendment Act 2009, section 10(1);
(g) leave mentioned in section 72(1)(e).
legal visitor, of a prisoner, means a visitor of the prisoner who is—
(a) the prisoner's lawyer; or
(b) a person authorised in writing by the prisoner's lawyer to act for the lawyer.
lethal force means force that is likely to cause death or grievous bodily harm.
mail includes documents received at or sent from a corrective services facility, including, for example, by fax or another apparatus.
major breach of discipline means a breach of discipline decided under section 113 to be proceeded with as a major breach of discipline.
maximum security order see section 60(1).
maximum security unit means a facility for the accommodation of prisoners at a prison that is designed and constructed so that—
(a) prisoners accommodated in the facility are totally separated from all other prisoners at the prison; and
(b) some or all of the prisoners accommodated in the facility can be totally separated from all other prisoners accommodated in the facility.
medical examination or treatment includes psychiatric examination or treatment.
minor breach of discipline means a breach of discipline decided under section 113 to be proceeded with as a minor breach of discipline.
most recent parole application see section 196(1).
non-contact visit means a personal visit during which there is no direct physical contact between the prisoner and the personal visitor.
nurse means a person registered under the Health Practitioner Regulation National Law—
(a) to practise in the nursing and midwifery profession, other than as a student; and
(b) in the registered nurses division of that profession.
offence means an offence against an Act.
offender means—
(a) a prisoner; or
(b) a person who is subject to—
(i) a community based order; or
(ii) a conditional release order.
official misconduct has the meaning given by the Crime and Misconduct Act 2001.
official visitor means a person who holds an appointment as an official visitor under section 285.
ordinary mail means mail other than privileged mail.
outer garment means an overcoat, jacket, jumper, hat or other item that can be removed without exposing an inner garment.
owner, of a seized thing, includes a person who had lawful possession of the thing immediately before its seizure.
parent, of a child, see the Child Protection Act 1999, section 11.
parole board—
(a) for chapter 5, part 1, division 5, subdivision 2, see section 204; or
(b) otherwise, means—
(i) the Queensland board; or
(ii) a regional board.
parole eligibility date, for a prisoner, means the parole eligibility date applying to the prisoner under chapter 5, part 1, division 1, subdivision 2.
parole order—
(a) means, generally—
(i) a parole order mentioned in section 194; or
(ii) a court ordered parole order; but
(b) for—
(i) chapter 5, part 1, division 1, subdivision 2, see section 178; and
(ii) chapter 5, part 1, division 2, see section 186.
parole period means the period during which a prisoner is released on parole.
participating State means a State in which a corresponding law is in force.
period of imprisonment see the Penalties and Sentences Act 1992, section 4.
person, for chapter 3, part 3, see section 125.
personal search, of a prisoner, means a search in which light pressure is momentarily applied to the prisoner over his or her general clothes without direct contact being made with—
(a) the prisoner's genital or anal areas; or
(b) for a female prisoner—the prisoner's breasts.
personal visit means a visit of a prisoner by a personal visitor of the prisoner.
personal visitor, of a prisoner, means a visitor of the prisoner who is—
(a) a relative of the prisoner; or
(b) a person who the chief executive is satisfied has a personal relationship with the prisoner.
positive test sample means a test sample that shows a prisoner has used a substance that is a prohibited thing.
potential claimant, for chapter 6, part 12B, see section 319J.
prescribed requirement means a requirement prescribed under section 256(1).
previous, if followed by a provision number—
(a) for chapter 7, see section 356; or
(b) for chapter 7A, part 4, see section 480.
primary care giver, for a child, means a person—
(a) with whom the child is required to live under a court order, whether or not the person is the child's parent; or
(b) who is the sole provider of ongoing daily care for the child.
primary school includes a full-time preparatory year of education.
prison means a place declared to be a prison under section 149(1).
prisoner—
1 Prisoner—
(a) means a person who is in the chief executive's custody, including a person who is released on parole; and
(b) for chapter 5, part 1, includes a classified patient under the Mental Health Act 2000 who is serving a period of imprisonment.
2 However, prisoner does not include a person who is released on parole, or a supervised dangerous prisoner (sexual offender), for the following provisions—
• sections 12 to 24, 28 to 40 and 43
• chapter 2, part 2, divisions 4 to 9A
• chapter 3, parts 1 and 2
• chapter 4, parts 2 and 4
• chapter 6, parts 5, 6 and 11.
3 Also, prisoner does not include a detained dangerous prisoner (sexual offender) for the following provisions—
• chapter 2, part 2, division 8, subdivision 2
• chapter 2, part 2, division 10 or 11
• chapter 5.
prisoner facilities means the common areas provided in a corrective services facility for access by prisoners.
prisoner information see section 320(1).
prisoner of a court or prisoner of the court means a person who is in the custody of a court.
prisoner's account means a prisoner's account in the prisoners trust fund.
prisoner's agent does not include a lawyer.
prisoner's mail means mail sent to, or by, a prisoner.
prisoner's property see section 317(1).
prisoners trust fund means the trust fund kept under section 311.
privileged mail means mail sent to, or by, a person who is prescribed under a regulation.
privileges, for a prisoner, means privileges prescribed under a regulation for a prisoner.
probation and parole office means an office where an offender subject to a parole order or community based order may be required to report to a corrective services officer.
probation order means a probation order under the Penalties and Sentences Act 1992.
prohibited thing means something prescribed to be a prohibited thing under section 123(1).
proper officer, of a court, means—
(a) for the Supreme Court sitting at Brisbane or the Court of Appeal—the sheriff; or
(b) for the Supreme Court sitting somewhere else—the person performing the duties of sheriff at the place where the court is sitting; or
(c) for the District Court—the registrar of the court; or
(d) for a court constituted by a magistrate or justice of the peace—the clerk of the court at the place where the court is sitting.
protected defendant see section 319A.
psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student.
public sector entity means an agency, authority, commission, corporation, department, instrumentality, office, or other entity, established under an Act for a public or State purpose, including a government owned corporation.
public trustee see the Public Trustee Act 1978, section 6.
Queensland board means the Queensland Parole Board established under section 216.
reasonably believes means believes on grounds that are reasonable in the circumstances.
reasonably considers means considers on grounds that are reasonable in the circumstances.
reasonably suspects means suspects on grounds that are reasonable in the circumstances.
regional board means a regional parole board established under section 230.
register, for chapter 6, part 13, means the register mentioned in section 320.
register of dangerous drugs for training, for chapter 6, part 13A, see section 344B.
relative, of a prisoner, includes a person who was, immediately before the prisoner was imprisoned, the prisoner's spouse.
released means—
(a) released on parole; or
(b) released from a corrective services facility subject to the conditions of a conditional release order.
released on parole means released from a corrective services facility subject to the conditions of a parole order.
relevant award, for chapter 6, part 12B, see section 319J.
relevant money, for chapter 6, part 12B, see section 319J.
relevant person, for chapter 6, part 12A, see section 319A.
relevant person, for chapter 6, part 13, division 2, see section 327.
religious visitor means a person who visits a prison to provide religious services or instruction for prisoners.
repealed Acts means—
(a) the Corrective Services Act 2000; and
(b) the Corrective Services Act 1988; and
(c) the Corrective Services (Administration) Act 1988.
replacement board means—
(a) for the Queensland Community Corrections Board established under the Corrective Services Act 2000—the Queensland board; or
(b) for an existing regional board mentioned in section 438(1)(a), (b) or (c)—the Central and Northern Queensland Regional Parole Board; or
(c) for an existing regional board mentioned in section 438(2)(a), (b) or (c)—the Southern Queensland Regional Parole Board.
safety order see section 53(1).
scanning search means a search of a person by electronic or other means that does not require a person to remove his or her general clothes or to be touched by another person.
Examples of a scanning search—
• using a portable electronic apparatus or another portable apparatus that can be passed over the person
• using an electronic apparatus through which the person is required to pass
• using a corrective services dog trained to detect the scent of a substance that is a prohibited thing
search, a prisoner's mail, means search by—
(a) an electronic scanning device; or
(b) a physical search.
search requiring the removal of clothing, of a prisoner, means a search in which the prisoner removes all garments during the course of the search, but in which direct contact is not made with the prisoner.
secure custody, in relation to a prisoner, means—
(a) a secure facility; or
(b) a vehicle being used to transport the prisoner; or
(c) a court before which the prisoner is appearing.
secure facility, for chapter 6, part 13A, see section 344B.
secure facility means a prison with a perimeter fence that is designed to stop the escape of a prisoner.
security classification, for a prisoner, means the classification decided for the prisoner under section 12, 13, 14 or 16.
sentence, of a person, for chapter 6, part 13, division 2, means any penalty or imprisonment ordered to be paid or served, or any other order made, by a court after the person is convicted of an offence.
sentencing court, for a prisoner, means—
(a) the court that sentenced the prisoner to the term of imprisonment the prisoner is serving; or
(b) if the prisoner is serving more than 1 term of imprisonment—each court that sentenced the prisoner to a term of imprisonment the prisoner is serving.
separate confinement, in relation to a prisoner, means the separation of the prisoner from other prisoners.
serious offence, for sections 334 and 339, means—
(a) an offence against the Drugs Misuse Act 1986; or
(b) an offence against the Criminal Code (Cwlth), chapter 9, part 9.1; or
(c) an offence of counselling or procuring the commission of, or attempting or conspiring to commit, an offence mentioned in paragraphs (a) and (b).
serious violent offence means a serious violent offence under the Penalties and Sentences Act 1992.
serious violent offender means a prisoner who is serving a term of imprisonment for a serious violent offence.
sexual offence means an offence mentioned in schedule 1.
special need, of an offender, means a need the offender has, compared to the general offender population, because of the offender's—
(a) age; or
(b) disability; or
(c) sex; or
(d) cultural background.
Example of a need—
the culturally specific needs of Aboriginal and Torres Strait Islander prisoners
SPER, for chapter 6, part 12B, see section 319J.
SPER registrar, for chapter 6, part 12B, see section 319J.
staff member means —
(a) an employee of—
(i) the department; or
(ii) an engaged service provider; or
(b) a corrective services officer.
supervised dangerous prisoner (sexual offender) means a prisoner subject to a supervision order or interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003.
suspend—
(a) for chapter 2, part 2, division 10, subdivision 3, see section 102; or
(b) for chapter 5, part 1, division 5, subdivision 2, see section 204.
temporary safety order see section 58(1).
term of imprisonment see the Penalties and Sentences Act 1992, section 4.
test sample means a sample of blood, breath, hair, saliva or urine.
tribunal, for chapter 6, part 12A, see section 319A.
unlawfully at large, in relation to a prisoner, means the prisoner remains in the community after—
(a) any of the following has been suspended or cancelled or has expired or is otherwise no longer in force—
(i) an order granted under section 72 for leave of absence;
(ii) an interstate leave permit;
(iii) a work order; or
(b) any of the following has been suspended or cancelled—
(i) a conditional release order;
(ii) a parole order; or
(c) the prisoner fails to report to a probation and parole office and obtain a copy of the prisoner's court ordered parole order as required under the Penalties and Sentences Act 1992, section 160G(3).
victim claim, for chapter 6, part 12B, see section 319S(1).
Victims of Crime Assistance Act means the Victims of Crime Assistance Act 2009.
victim trust fund, for chapter 6, part 12B, see section 319J.
visitor means—
(a) any person, including a staff member, who enters or intends to enter a corrective services facility; or
Example—
a legal visitor or religious visitor
(b) a casual site visitor as defined in section 165(2).
volunteer see section 306(1).
warrant includes—
(a) a warrant issued by the chief executive; and
(b) an order committing a person into custody.
Examples for paragraph (b)—
an order or direction under the Migration Act 1958 (Cwlth)
a preventative detention order under the Terrorism (Preventative Detention) Act 2005
work camp means a place declared to be a work camp under section 151(1)(a)(ii).
work order see section 66(1).