Australian Capital Territory Numbered Acts

CORRECTIONS MANAGEMENT ACT 2007 (NO. 15 OF 2007 ) - SECT 152

For a detainee, each of the following is a disciplinary breach :

        (a)     contravening a direction given to the detainee by the chief executive or a corrections officer under this Act or the Crimes (Sentence Administration) Act 2005 ;

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

        (b)     being in a prohibited area, without the chief executive's approval;

        (c)     smoking in a nonsmoking area at a correctional centre;

        (d)     taking (in any way) alcohol or a drug into the detainee's body;

        (e)     providing a positive test sample for alcohol or a drug when directed, under this Act or the Crimes (Sentence Administration) Act 2005 , to provide a test sample;

        (f)     making, possessing, concealing, knowingly consuming or dealing with a prohibited thing, without the chief executive's approval;

        (g)     gambling;

        (h)     being disrespectful or abusive towards a corrections officer in a way that undermines the officer's authority;

              (i)     being disrespectful or abusive towards someone in a way that is likely to provoke a person to be violent;

        (j)     intentionally or recklessly engaging in conduct that endangers, or may endanger, the health or safety of the detainee or anyone else;

        (k)     fighting;

        (l)     assaulting someone else;

        (m)     theft;

        (n)     possessing stolen property;

        (o)     possessing or dealing in things without the chief executive's approval;

        (p)     intentionally or recklessly damaging or destroying property belonging to someone else;

        (q)     interfering with property belonging to someone else, without approval by the owner of the property;

        (r)     interfering with anyone's personal monitoring device without the chief executive's approval;

        (s)     creating or participating in a disturbance, or other activity, likely to endanger security or good order at a correctional centre;

        (t)     contravening a condition of any of the following:

              (i)     a direction under section 204 (Local leave directions);

              (ii)     a local leave permit;

              (iii)     an interstate leave permit;

        (u)     doing anything for the purpose of escaping, or assisting a detainee to escape, from detention;

              (v)     offering, giving or taking a bribe;

        (w)     attempting, or assisting anyone else attempting, to commit another disciplinary breach;

              (x)     threatening to do anything mentioned in paragraphs (j), (k), (l), (p) or (s);

        (y)     anything else prescribed by regulation.

Examples of contravening chief executive directions—par (a)

failing to comply with a direction by the chief executive to provide a test sample or submit to a search under this Act

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).