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CLAUSE NOTES
CORRECTIONS AMENDMENT BILL 2013
Clause 1: Short title
Clause 2: Commencement
Clause 3: Principal Act
Clause 4: Amends section 3 to clarify that the term
`prisoner' includes those persons declared as
dangerous criminals, and to define the term
`State Service corrections employee', which is
used to refer to the employees of the
Tasmania Prison Service (TPS) who are not
correctional or probation officers.
Clause 5: Inserts section 5A, to allow immediate
temporary emergency appointments of
interstate correctional and probation officers
as local correctional and probation officers.
Clause 6: Amends section 8 to include State Service
corrections employees in subsection (1)(g),
being the part of the definition of confidential
information that refers to the investigation of a
breach or possible breach of the law by a
prisoner or an employee of the TPS.
Clause 7: Amends section 10 to improve the provisions
of the Official Visitors Scheme. Subclause (a)
removes the requirement for each official
visitor to be appointed to a particular prison
or prisons, so that any official visitor may visit
any prison. Subclause (b) provides that an
official visitor is to be appointed for a set
period, by means of an instrument of
appointment and paid remuneration as
determined by the Minister. Subclause (c)
further confirms that all official visitors may
visit all prisons in the State. Subclause (d)
establishes the role of the coordinating official
visitor. Subclause (e) ensures each prison is
still visited once a month or more by one or
more official visitors. Subclause (f) includes a
State service corrections employee in the list
of persons with whose management the official
visitor must not directly interfere. Subclause
(g) permits the official visitor to report on the
management of the State service employees of
the TPS. Subsection (h) expands the
requirements of the report to be given to the
Minister after the end of every calendar year,
and allows the Minster to request a report at
other times. Subclause (i) includes a State
Service corrections employee in the
requirements for assistance and cooperation
to be given to an official visitor.
Clause 8: Amends section 11 to include a State Service
corrections employee in the requirements for
assistance and cooperation to be given to a
visiting judge, magistrate etc.
Clause 9: Amends section 18 to require members of the
public who are visiting a prison to submit to
the requests of a State Service corrections
employee for information in the same way they
must give information to a correctional officer.
Clause 10: Amends section 24 to include State Service
corrections employees in the prohibition
against bringing unauthorised things into a
prison.
Clause 11: Amends section 29 to allow detainees to wear
their own clothing in court only.
Clause 12: Amends section 33 to insert a new subsection
to allow detainees to volunteer to perform
work.
Clause 13: Amends section 34 to confirm that a prisoner
or detainee who volunteers for work is
entitled to be paid for that work, but that the
TPS will not be liable for any costs associated
with a prisoner working outside the TPS for a
private person or entity.
Clause 14: Inserts two new Parts into the Act dealing
with the use of force and the use of mechanical
restraints not requiring force. Part 4A is based
on Part 9.7 of the ACT Corrections Management
Act 2007. It covers the management and
authorisation of use of force, the application of
force, a list of the restraints or weapons that
are suitable for use, a requirement for a
medical examination after an incident involving
use of force, and a requirement for the
Director to keep a record of any incident that
involves the use of force.
Part 4B is intended to cover those situations
where preventative measures such as handcuffs
are used with the acceptance of the prisoner
to avoid the danger of escape or another
breach of prison offences.
Director's standing orders will be made to
support these provisions, confirming the
approved restraints, the training to be given to
the correctional officers and the procedures
attached to specific categories of use or
restraints and force.
Clause 15: Amends section 42 to extend the time
periods governing leave permits from `a
number of absences within the period of 31
days but no one absence for more than 72
hours' to `a number of absences within the
period of 60 days but no one absence longer
than a week'.
Clause 16: Amends section 61 to allow the State to
recover costs for State owned property that is
lost by a prisoner or detainee.
Clause 17: Amends schedule 1 to add to the list of prison
offences the offence of recklessly or carelessly
losing prison property.
Clause 18: Repeal provision