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Legislation

The following legislation is administered by Queensland Corrective Services on behalf of the Minister.

The Corrective Services Act 2006 commenced on 28 August 2006. The Act is based on the principles of providing for the safe and humane containment, supervision and rehabilitation of prisoners and ensuring the safety of the community and the staff who work in the correctional system.

Corrective Services and Other Legislation Amendment Act 2009

On 21 September 2009 the Corrective Services and Other Legislation Amendment Act 2009 (CSOLAA) took effect making a number of amendments to the Corrective Services Act 2006.

Leave of absence

Reintegration and resettlement leave of absence are abolished.

The transitional arrangements for resettlement leave of absence are:

  • programs approved before 21 September 2009 continue and can be amended or suspended as required;
  • applications received before 21 September 2009 can be processed;
  • no new applications for resettlement leave of absence can be made from 21 September 2009.

The transitional arrangements for reintegration leave of absence are:

  • Individual reintegration leave passes issued before 21 September 2009 continue to have effect. For example, on 18 September 2009 the delegate approved reintegration leave of absence for 26 September 2009. The offender can go on reintegration leave on 26 September 2009; 
  • As of 21 September 2009 no new reintegration leave passes can be issued.

View leave of absence factsheet (PDF 73KB)

Prisoner Artwork

The CSOLAA makes substantial changes to how prisoners can deal with their artwork. The purpose of these changes is to prevent the private sale of prisoner artwork while the prisoner is in custody. The QCS Prisoner Art Program is not affected by these amendments.

The amendments in the CSOLAA provide that:

  • Prisoners must seek approval to hand out their artwork for safekeeping or to make a gift of their artwork;
  • Prisoners will enter into a written agreement with persons holding their artwork for safekeeping;
  • Persons receiving artwork for safekeeping may only store the artwork, they are not entitled to sell it.

View prisoner art factsheet - Information for stakeholders (PDF 79KB)
View prisoner art factsheet - Information for prisoners (PDF 94KB)

Visitors

The CSOLAA strengthens the visitor provisions in the Corrective Services Act 2006 to ensure that corrective services officers have the powers necessary to manage visits and ensure the security of corrective services facilities. The key changes include:

  • It will be compulsory for adult visitors to participate in biometric scanning;
  • Legal practitioners no longer require criminal history check;
  • Child safety officers and emergency services officers in the performance of the duties no longer require a criminal history check
  • Personal visitors may be granted interim access approval pending a criminal history check;
  • a visitor's access can be cancelled;
  • if a visitor's application for access is refused the decision maker can decide that the visitor cannot submit a further application for up to 12 months.

View visitor factsheet (PDF 109KB)

Parole board decision making

Parole Boards now have 180 days to decide a parole application, or 210 days if the board defers for further information. Decisions that are made outside these timeframes are no longer deemed as refused. If the parole board takes longer than 180, or 210, days to make decision prisoners are not required to submit a new application form.

View Parole board decision making factsheet (PDF 62KB)

 

Corrective Services and Other Legislation Amendment Act 2008

Changes to the Corrective Services Act 2006 became effective on 7 November 2008.

The Corrective Services and Other Legislation Amendment Act 2008 amends the Corrective Services Act 2006 and the Limitation of Actions Act 1974.

The new laws relate to the prison complaint system, how the Anti-Discrimination Act 1991 applies to offenders, and compensation and damages awards made to offenders.

Following the amendments, offenders will now have to exhaust existing complaints mechanisms before taking their complaint to the Anti-Discrimination Commission of Queensland.

A mechanism to freeze compensation and damages awards made to offenders has also been established.

Victims of crime will now be notified of awards made to offenders and victims will be able to make a civil claim against the frozen funds.

The changes were passed by Queensland Parliament on 9 October 2008.

Further changes to the Corrective Services Act 2006, will be considered by Parliament in late November 2008.

The Corrective Services and other Legislation Amendment Bill (No.2) features bans on visiting correctional centres for any person attempting to smuggle contraband into a correctional centre.

The Bill also includes biometric identification of visitors, limits on prisoner trust accounts, abolition of reintegration and resettlement leave and closes a loophole on prisoners profiting from artwork sales.

Fact sheets



Media statements



Further information

For information about key features of the Corrective Services Act 2006, download the Guide to the Corrective Services Act 2006 (PDF 734KB).

Online searches for the complete range of Queensland Government legislation may be conducted from the Office of the Queensland Parliamentary Counsel website.

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Last updated: 03 March 2011