Page 1363 - Week 05 - Thursday, 31 May 2007

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Clause 41 (1)

Page 29, line 13—

omit clause 41 (1), substitute

(1) The chief executive must ensure that—

(a) sufficient, suitable clothing is provided for detainees; and

(b) any particular clothing, including a uniform, issued to detainees is not likely to degrade or humiliate detainees.

Example—par (b)

inconspicuous clothing of a type worn by the general community

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).

(1A) In particular, the chief executive must ensure that a remandee is allowed to wear the remandee’s own clothes while in detention.

(1B) The chief executive must also ensure that a detainee lawfully absent from a correctional centre is allowed to wear the detainee’s own clothes.

(1C) However, the chief executive may give directions denying or limiting the wearing of items of a detainee’s own clothes if the chief executive suspects, on reasonable grounds, that the wearing of the item creates, or is likely to create, a risk to—

(a) the safety of anyone else at a correctional centre or elsewhere; or

(b) security or good order at a correctional centre or any other place where the detainee remains in detention.

Clause 50 (1)

Page 37, line 24—

omit clause 50 (1), substitute

(1) The chief executive must ensure that a detainee has access, at all reasonable times, to an accredited person, whether by telephone or mail or by a visit from an accredited person.

Note Accredited person is defined in the dictionary.

Proposed new clause 50A

Page 38, line 10—

insert

50A Visits—protected communications

The chief executive must not listen to, or record, a communication at a visit between a detainee and any of the following people:

(a) a lawyer representing the detainee;

(b) an official visitor;

(d) the public advocate;

(e) the ombudsman;

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