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Limitation of Corrective Services Officers’ Powers Instrument Number 02.2017 Page 1 of 12 Corrective Services Act 2006 (s. 276(2)(c)) INSTRUMENT OF LIMITATION OF CORRECTIVE SERVI CES OFFICERS' POWERS I SHORT TITLE This instr ument m ay be as th e I nstrumen t of Limitat ion of Cor rEctive Services Off i cers' P owers I SCOPE OF LIMITATION U nder sect ion 276(2)(c) of the Correct ive Ser vices Act 2006 t he ch iel ex ecutive m ay li mi t t he powers of a correct i ve services officer by a written notice given by the ch ief executi ve to the office r. This I ns trumen t applies to powers ves t ed in corr ect i ve services officers of the Qu eensland Correct i ve Services by t he- 1. Corr&cfive Services Act 2006 2. Dangerous Prisoners (Sexual Offen ders) Act 2003 3. Mtmtal HeCJith Act 2016 4. Traff ic Regu lat ion 1962 The power vest ed in a corr e ctive service off ice r by each sect ion of each Act or Regul a tion stat ed above in the attached sch edules numbered 1, 2, 3 and 4 m ay only be exer cised by a corr ec t ive services offi cer as set cut in the attach ed schedules an d in accor dan ce with a ny ad dit ional li mitation stated. For the purpose of this Inst ru ment of Limitat ion s: "De puty Co mmi ssi on er" means Depu ty Commissioner, Statewide Oper ations. "General M anager of a cor rective services facility" m eans for SERCO Aust ralia P ly Ltd (Southern Qu eensland Correctional Cen tr e) - Director . "D eput y Gener al Manager of a corrective services facili ty" means: for SER CO Aust ralia Pty L td (Southern Queensland Correction al Cent re)- Deputy Dir ector ; and for The GEO Gr oup Austral ia Ply Ltd (Art h ur Gorrie Cor r ect ion al Cent r e) - Contract Co11p llance Man ager and Pr isoner D evelopm ent M anager. "M anager of a corr ective services facility" means: for SE RCO Austra li a Pty Ltd (Southern Quee nsland Correctional Cen tre) -Assist ant Di rect or, Securi ty and Operations; Assist an t Di recto r, Pri soner M anagement and P risoner Services; Assistant Director, Business Services; and Ass istant Dir ect or, Human Resour ces. CCC EXHIBIT

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Limitation of Corrective Services Officers’ Powers Instrument Number 02.2017 Page 1 of 12

• ~:;.~~~.~~ Corrective Services Act 2006 (s. 276(2)(c))

INSTRUMENT OF LIMITATION OF CORRECTIVE SERVICES OFFICERS' POWERS

I SHORT TITLE

This instrument may be c~ed as the Instrument of Limitation of CorrEctive Services Officers' Powers

I SCOPE OF LIMITATION

Under section 276(2)(c) of the Corrective Services Act 2006the chiel executive may limit the powers of a corrective services officer by a written notice given by the chief executive to the officer.

This Instrument applies to powers vested in corrective services officers of the Queensland Corrective Services by the-

1. Corr&cfive Services Act 2006 2. Dangerous Prisoners (Sexual Offenders) Act 2003 3. Mtmtal HeCJith Act 2016 4. Traffic Regulation 1962

The power vested in a corrective service officer by each section of each Act or Regulation stated above in the attached schedules numbered 1, 2, 3 and 4 may only be exercised by a corrective services officer as set cut in the attached schedules and in accordance with any additional limitation stated.

For the purpose of this Instrument of Limitations:

"Deputy Commissioner" means Deputy Commissioner, Statewide Operations.

"General Manager of a corrective services facility" means for SERCO Australia Ply Ltd (Southern Queensland Correctional Centre) - Director.

"Deputy General Manager of a corrective services facility" means: for SERCO Australia Pty Ltd (Southern Queensland Correctional Centre)- Deputy Director; and for The GEO Group Australia Ply Ltd (Arthur Gorrie Correctional Centre) - Contract Co11pllance Manager and Prisoner Development Manager.

"Manager of a corrective services facility" means: for SERCO Australia Pty Ltd (Southern Queensland Correctional Centre) -Assistant Director, Security and Operations; Assistant Director, Prisoner Management and Prisoner Services; Assistant Director, Business Services; and Assistant Director, Human Resources.

CCC EXHIBIT

Limitation of Corrective Services Officers’ Powers Instrument Number 02.2017 Page 2 of 12

CCC EXHIBIT

Limitation of Corrective Services Officers’ Powers Instrument Number 02.2017 Page 3 of 12

SCHEDULE 1 Corrective Services Act 2006 (CSA)

CSA Section

and Heading

Powers Limited To Limits and

Conditions

9(1) Authority for admission to corrective services facility

Deputy Commissioner General Manager, Custodial Operations General Manager of a corrective services facility Deputy General Manager of a corrective services facility Accommodation Manager Centre Services Manager Manager/Duty Manager in a corrective services facility Correctional Supervisor Custodial Corrective Services Officer

10(2) Record of prisoner's details

Deputy Commissioner General Manager, Custodial Operations General Manager of a corrective services facility Deputy General Manager of a corrective services facility Accommodation Manager Centre Services Manager Manager/Duty Manager in a corrective services facility Correctional Supervisor Custodial Corrective Services Officer General Manager, Probation and Parole Operations Regional Manager, Probation and Parole Director, Operations – Probation and Parole District Manager Probation and Parole Officer Police officers attached to the QCS Intelligence Group Police officers attached to the Corrective Services Investigation Unit Manager Intelligence Intelligence Advisor/ Officer

33(2) Power to search

Deputy Commissioner General Manager, Custodial Operations General Manager of a corrective services facility Deputy General Manager of a corrective services facility Accommodation Manager Centre Services Manager Manager/Duty Manager in a corrective services facility Correctional Supervisor Custodial Corrective Services Officer Manager Intelligence Intelligence Advisor/ Officer Dog Squad Supervisor Dog Squad Handler Police officers attached to the QCS Intelligence Group Police officers attached to the Corrective Services Investigation Unit

33(2) Power to search

Staff Training Coordinator Senior Trainer Adviser Correctional Practices Competency Assessment Services Training Officer Custodial Operations Principal Advisor Operational Training Manager State Dog Squad Development and Standards Dog Trainer Drug Detection Dog Dog Trainer General Purpose Dog

Delegation must only be exercised once the delegate has been issued a Certificate III in Correctional Practice - Custodial.

CCC EXHIBIT

Limitation of Corrective Services Officers’ Powers Instrument Number 02.2017 Page 4 of 12

CSA Section

and Heading

Powers Limited To Limits and

Conditions

68(3) Transfer to another corrective services facility or a health institution

Deputy Commissioner General Manager, Custodial Operations General Manager of a corrective services facility Accommodation Manager Centre Services Manager Manager/Duty Manager in a corrective services facility Correctional Supervisor Custodial Corrective Services Officer

Staff Training Coordinator Senior Trainer Adviser Correctional Practices Competency Assessment Services Training Officer Custodial Operations Principal Adviser Operational Training Manager State Dog Squad Development and Standards Dog Trainer Drug Detection Dog Dog Trainer General Purpose Dog

Delegation must only be exercised once the delegate has been issued a Certificate III in Correctional Practice - Custodial.

82(2) Leave for other particular prisoners

Deputy Commissioner General Manager, Custodial Operations General Manager of a corrective services facility Deputy General Manager of a corrective services facility Accommodation Manager Centre Services Manager Manager/Duty Manager in a corrective services facility Correctional Supervisor Custodial Corrective Services Officer

Staff Training Coordinator Senior Trainer Adviser Correctional Practices Competency Assessment Services Training Officer Custodial Operations Principal Adviser Operational Training Manager State Dog Squad Development and Standards Dog Trainer Drug Detection Dog Dog Trainer General Purpose Dog

Delegation must only be exercised once the delegate has been issued a Certificate III in Correctional Practice - Custodial.

CCC EXHIBIT

Limitation of Corrective Services Officers’ Powers Instrument Number 02.2017 Page 5 of 12

CSA Section

and Heading

Powers Limited To Limits and

Conditions

112(1)(a) Arresting prisoner unlawfully at large

Deputy Commissioner General Manager, Custodial Operations General Manager of a corrective services facility Deputy General Manager of a corrective services facility Accommodation Manager Centre Services Manager Manager/Duty Manager in a corrective services facility Correctional Supervisor Custodial Corrective Services Officer General Manager, Probation and Parole Operations Regional Manager, Probation and Parole Director, Operations – Probation and Parole District Manager Probation and Parole Supervisor Probation and Parole Officer Dog Squad Supervisor Dog Squad Handler Director, Intelligence and Investigations Branch Manager Intelligence Intelligence Advisor/ Officer Police officers attached to QCS Intelligence Group Police officers attached to the Corrective Services Investigation Unit

Staff Training Coordinator Senior Trainer Adviser Correctional Practices Competency Assessment Services Training Officer Custodial Operations Principal Adviser Operational Training Manager State Dog Squad Development and Standards Dog Trainer Drug Detection Dog Dog Trainer General Purpose Dog

Delegation must only be exercised once the delegate has been issued a Certificate III in Correctional Practice - Custodial.

112(1)(b) Arresting prisoner unlawfully at large

Deputy Commissioner General Manager, Custodial Operations General Manager of a corrective services facility Deputy General Manager of a corrective services facility Accommodation Manager Centre Services Manager Manager/Duty Manager in a corrective services facility Correctional Supervisor Custodial Corrective Services Officer General Manager, Probation and Parole Operations Regional Manager, Probation and Parole Director, Operations – Probation and Parole District Manager Regional Manager, Sentence Management Assistant Manager, Sentence Management Manager, Sentence Administration Assistant Manager, Sentence Administration Director, Intelligence and Investigations Branch Principal Intelligence Adviser Manager, Intelligence Police officers attached to the QCS Intelligence Group Police officers attached to the Corrective Services Investigation Unit

CCC EXHIBIT

Limitation of Corrective Services Officers’ Powers Instrument Number 02.2017 Page 6 of 12

CSA Section

and Heading

Powers Limited To Limits and

Conditions

116(1) Considering whether a breach of discipline committed

Deputy Commissioner General Manager, Statewide Operations General Manager, Custodial Operations General Manager of a corrective services facility Deputy General Manager of a corrective services facility Accommodation Manager Centre Services Manager Manager/Duty Manager in a corrective services facility Correctional Supervisor Custodial Corrective Services Officer Manager Intelligence Intelligence Advisor/Officer

A Custodial Corrective Services Officer may only determine a minor breach of discipline A Correctional Supervisor may only determine a major breach of discipline if where they have—

completed the major breach hearing accreditation training; and

approved by the General Manager or Deputy General Manager to hear major breaches.

Staff Training Coordinator Senior Trainer Adviser Correctional Practices Competency Assessment Services Training Officer Custodial Operations Principal Adviser Operational Training Manager State Dog Squad Development and Standards Dog Trainer Drug Detection Dog Dog Trainer General Purpose Dog

Delegation must only be exercised once the delegate has been issued a Certificate III in Correctional Practice - Custodial.

119(1) Review of decision

Deputy Commissioner General Manager, Custodial Operations General Manager of a corrective services facility Deputy General Manager of a corrective services facility Accommodation Manager Centre Services Manager Manager/Duty Manager in a corrective services facility Manager in a corrective services facility Correctional Supervisor Manager Intelligence Intelligence Advisor/Officer

A Correctional Supervisor may only review a minor breach of discipline decision. The Correctional Supervisor must have —

completed the major breach hearing accreditation training; and

approved by the General Manager or Deputy General Manager to hear major breaches.

CCC EXHIBIT

Limitation of Corrective Services Officers’ Powers Instrument Number 02.2017 Page 7 of 12

CSA Section

and Heading

Powers Limited To Limits and

Conditions

135(2) Person near prisoner

Deputy Commissioner General Manager, Custodial Operations General Manager of a corrective services facility Deputy General Manager of a corrective services facility Accommodation Manager Centre Services Manager Manager/Duty Manager in a corrective services facility Correctional Supervisor Custodial Corrective Services Officer Director, Intelligence and Investigations Branch Manager Intelligence Intelligence Advisor/Officer General Manager, Probation and Parole Operations Regional Manager, Probation and Parole Director, Operations – Probation and Parole District Manager Probation and Parole Supervisor Probation and Parole Officer Dog Squad Supervisor Dog Squad Handler Field Supervisor

Staff Training Coordinator Senior Trainer Adviser Correctional Practices Competency Assessment Services Training Officer Custodial Operations Principal Adviser Operational Training Manager State Dog Squad Development and Standards Dog Trainer Drug Detection Dog Dog Trainer General Purpose Dog

Delegation must only be exercised once the delegate has been issued a Certificate III in Correctional Practice - Custodial.

136(2) and

(3) Temporary detention for security offence

Deputy Commissioner General Manager, Custodial Operations General Manager of a corrective services facility Deputy General Manager of a corrective services facility Accommodation Manager Centre Services Manager Manager/Duty Manager in a corrective services facility Correctional Supervisor Custodial Corrective Services Officer Manager Intelligence Intelligence Advisor/Officer Dog Squad Supervisor Dog Squad Handler Police officers attached to the QCS Intelligence Group Police officers attached to the Corrective Services Investigation Unit

Staff Training Coordinator Senior Trainer Adviser Correctional Practices Competency Assessment Services Training Officer Custodial Operations Principal Adviser Operational Training Manager State Dog Squad Development and Standards Dog Trainer Drug Detection Dog Dog Trainer General Purpose Dog

Delegation must only be exercised once the delegate has been issued a Certificate III in Correctional Practice - Custodial.

CCC EXHIBIT

Limitation of Corrective Services Officers’ Powers Instrument Number 02.2017 Page 8 of 12

CSA Section

and Heading

Powers Limited To Limits and

Conditions

137 Power to require name and address

Deputy Commissioner General Manager, Custodial Operations General Manager of a corrective services facility Deputy General Manager of a corrective services facility Accommodation Manager Centre Services Manager Manager/Duty Manager in a corrective services facility Correctional Supervisor Custodial Corrective Services Officer Director, Intelligence and Investigations Branch Manager Intelligence Intelligence Advisor/Officer General Manager, Probation and Parole Operations Regional Manager, Probation and Parole Director, Operations – Probation and Parole District Manager Probation and Parole Supervisor Probation and Parole Officer Dog Squad Supervisor Dog Squad Handler Corrective Services Officer - QCSIG Executive Director, Ethical Standards Unit Police officers attached to the QCS Intelligence Group Police officers attached to the Corrective Services Investigation Unit

Staff Training Coordinator Senior Trainer Adviser Correctional Practices Competency Assessment Services Training Officer Custodial Operations Principal Adviser Operational Training Manager State Dog Squad Development and Standards Dog Trainer Drug Detection Dog Dog Trainer General Purpose Dog

Delegation must only be exercised once the delegate has been issued a Certificate III in Correctional Practice - Custodial.

138(1) Seizing property

Deputy Commissioner General Manager, Custodial Operations General Manager of a corrective services facility Deputy General Manager of a corrective services facility Accommodation Manager Centre Services Manager Manager/Duty Manager in a corrective services facility Correctional Supervisor Custodial Corrective Services Officer Manager Intelligence Intelligence Advisor/Officer Stores Officer/Supervisor General Manager, Probation and Parole Operations Regional Manager, Probation and Parole Director, Operations – Probation and Parole District Manager Probation and Parole Supervisor Probation and Parole Officer Dog Squad Supervisor Dog Squad Handler Executive Director, Ethical Standards Unit Police officers attached to the QCS Intelligence Group Police officers attached to the Corrective Services Investigation Unit

CCC EXHIBIT

Limitation of Corrective Services Officers’ Powers Instrument Number 02.2017 Page 9 of 12

CSA Section

and Heading

Powers Limited To Limits and

Conditions

Staff Training Coordinator Senior Trainer Adviser Correctional Practices Competency Assessment Services Training Officer Custodial Operations Principal Adviser Operational Training Manager State Dog Squad Development and Standards Dog Trainer Drug Detection Dog Dog Trainer General Purpose Dog

Delegation must only be exercised once the delegate has been issued a Certificate III in Correctional Practice - Custodial.

143(1) Authority to use reasonable force

Deputy Commissioner General Manager, Custodial Operations General Manager of a corrective services facility Deputy General Manager of a corrective services facility Accommodation Manager Centre Services Manager Manager/Duty Manager in a corrective services facility Correctional Supervisor Custodial Corrective Services Officer Custodial Corrective Services Officer Dog Squad Supervisor Dog Squad Handler Director, Intelligence and Investigations Branch Manager, Intelligence Intelligence Advisor/Officer Police officers attached to the QCS Intelligence Group Police officers attached to the Corrective Services Investigation Unit General Manager, Escort and Security Branch Manager, Escort and PAHSU Manager, Courts

Staff Training Coordinator Senior Trainer Adviser Correctional Practices Competency Assessment Services Training Officer Custodial Operations Principal Adviser Operational Training Manager State Dog Squad Development and Standards Dog Trainer Drug Detection Dog Dog Trainer General Purpose Dog

Delegation must only be exercised once the delegate has been issued a Certificate III in Correctional Practice - Custodial.

154(4) Contact during personal visit

Deputy Commissioner General Manager, Custodial Operations General Manager of a corrective services facility Deputy General Manager of a corrective services facility Accommodation Manager Centre Services Manager Manager/Duty Manager in a corrective services facility Correctional Supervisor Custodial Corrective Services Officer Director, Intelligence and Investigations Branch Manager Intelligence Intelligence Advisor/Officer Police officers attached to the QCS Intelligence Group Police officers attached to the Corrective Services Investigation Unit

CCC EXHIBIT

Limitation of Corrective Services Officers’ Powers Instrument Number 02.2017 Page 10 of 12

CSA Section

and Heading

Powers Limited To Limits and

Conditions

Staff Training Coordinator Senior Trainer Adviser Correctional Practices Competency Assessment Services Training Officer Custodial Operations Principal Adviser Operational Training Manager State Dog Squad Development and Standards Dog Trainer Drug Detection Dog Dog Trainer General Purpose Dog

Delegation must only be exercised once the delegate has been issued a Certificate III in Correctional Practice - Custodial.

200A (2) (a) Directions to prisoners subject to parole

Deputy Commissioner General Manager, Custodial Operations General Manager of a corrective services facility General Manager, Probation and Parole Operations Regional Manager, Probation and Parole Director, Operations – Probation and Parole District Manager

200A (2) (b) and (c) Directions to prisoners subject to parole

Deputy Commissioner General Manager, Custodial Operations General Manager of a corrective services facility General Manager, Probation and Parole Operations Regional Manager, Probation and Parole Director, Operations – Probation and Parole

348 Execution of warrant by corrective services officer

Deputy Commissioner General Manager, Custodial Operations General Manager, Probation and Parole Operations Regional Manager, Probation and Parole Director, Operations – Probation and Parole District Manager General Manager of a corrective services facility Deputy General Manager of a corrective services facility Accommodation Manager Centre Services Manager Manager/Duty Manager in a corrective services facility Correctional Supervisor Custodial Corrective Services Officer Manager Intelligence Intelligence Advisor/Officer Probation and Parole Supervisor Probation and Parole Officer Dog Squad Supervisor Dog Squad Handler

Staff Training Coordinator Senior Trainer Adviser Correctional Practices Competency Assessment Services Training Officer Custodial Operations Principal Adviser Operational Training Manager State Dog Squad Development and Standards Dog Trainer Drug Detection Dog Dog Trainer General Purpose Dog

Delegation must only be exercised once the delegate has been issued a Certificate III in Correctional Practice - Custodial.

CCC EXHIBIT

Limitation of Corrective Services Officers’ Powers Instrument Number 02.2017 Page 11 of 12

SCHEDULE 2 Dangerous Prisoners (Sexual Offenders) Act 2003 (DPSOA)

DPSOA Section and

Heading

Powers Limited To Conditions

16(1)(e) Conditions of supervised release

Deputy Commissioner General Manager, Probation and Parole Operations

16(2) Conditions of supervised release

Deputy Commissioner General Manager, Probation and Parole Operations Director, High Risk Offender Management Unit Regional Manager, Probation and Parole Director, Operations – Probation and Parole

Decisions regarding permanent changes to curfew may only be made by the General Manager, Probation and Parole Operations, Director, High Risk Offender Manager Unit, Director, Operations – Probation and Parole or Regional Manager, Probation and Parole.

16A Curfew and Monitoring Directions

Deputy Commissioner General Manager, Probation and Parole Operations

Decisions to apply or remove monitoring and curfew requirements may only be made by the Deputy Commissioner or General Manager, Probation and Parole Operations.

16A(2)(a) Curfew and Monitoring Directions

Deputy Commissioner General Manager, Probation and Parole Operations Regional Manager, Probation and Parole Director, Operations – Probation and Parole Director, High Risk Offender Management Unit Manager, High Risk Offender Management Unit District Manager

Probation and Parole Supervisor

For approving authorised absences or emergent risk mitigation.

Corrective Services Officer For approving authorised absences or emergent risk mitigation.

20(2) Warrant for released prisoner suspected of contravening a supervision order or interim supervision order

Deputy Commissioner General Manager, Probation and Parole Operations

Director, High Risk Offender Management Unit Regional Manager, Probation and Parole Director, Operations – Probation and Parole District Manager Manager, High Risk Offender Management Unit Probation and Parole Supervisor Any other Corrective Services Officer (see Condition)

After a decision to apply for a warrant under s20 has been made by the Deputy Commissioner or General Manager, Probation and Parole Operations

CCC EXHIBIT

Limitation of Corrective Services Officers’ Powers Instrument Number 02.2017 Page 12 of 12

SCHEDULE 3 Mental Health Act 2016 (MHA)

MHA Section and

Heading

Powers Limited To Conditions

S359(2) Who is an

authorised person

Deputy Commissioner General Manager, Custodial Operations General Manager of a corrective services facility Accommodation Manager Centre Services Manager Manager/Duty Manager in a corrective services facility Correctional Supervisor Custodial Corrective Services Officer

SCHEDULE 4 Traffic Regulation 1962 (TR)

TR Section and

Heading

Powers Limited To

171(2) Prescribed persons for training programs

Deputy Commissioner General Manager, Custodial Operations General Manager, Probation and Parole Operations Regional Manager, Probation and Parole Director, Operations – Probation and Parole District Manager Probation and Parole Supervisor Probation and Parole Officer

CCC EXHIBIT