Australian Capital Territory Numbered Acts

CORRECTIONS MANAGEMENT ACT 2007 (NO. 15 OF 2007 ) - SECT 92

    (1)     The chief executive may direct that a detainee be segregated from other detainees if the chief executive believes, on reasonable grounds, that the segregation is necessary or prudent—

        (a)     to assess the detainee's physical or mental health; or

        (b)     to protect anyone (including the detainee) from harm because of the detainee's physical or mental health; or

        (c)     to prevent the spread of disease.

    (2)     The chief executive must give the detainee prompt notice of the direction, why it was given, when it takes effect and the provisions for its duration and review under this part.

    (3)     The chief executive must revoke the direction if the chief executive believes, on reasonable grounds, that the direction is no longer necessary or prudent.

    (4)     The chief executive—

        (a)     may review the direction at any time, on the chief executive's own initiative or on request by the detainee; and

        (b)     must review the direction on request by a doctor appointed under section 21 (Doctors—health service appointments); and

        (c)     must review the direction before any transfer of the detainee to another correctional centre; and

        (d)     must review the direction at least once every 21 days while it remains in force.

    (5)     After reviewing the direction, the chief executive may—

        (a)     confirm the direction; or

        (b)     make a further direction under subsection (1); or

        (c)     revoke the direction under subsection (3).

    (6)     To remove any doubt, the chief executive may make more than 1 further direction under this section.

    (7)     When acting under subsection (1), (3) or (4), the chief executive must have regard to any advice given by a doctor appointed under section 21 (Doctors—health service appointments) in relation to the segregation of the detainee.