Correctional Service Act 1995

• Coming into Force: 01 February 1996
• Published date: 01 January 1995
• Revision Date: 01 October 2021
• Year: 1995
• Type of Document: Historic Legislation

Contenidos

• Correctional Service Act 1995
• PART I.—PRELIMINARY.
• 1. Compliance with Constitutional requirements.
• 2. Interpretation.
• 3. Application.
• PART II.—THE CORRECTIONAL SERVICE.
• 4. Establishment of Correctional Service.
• 5. Status of Correctional Service.
• 6. Control of the Correctional Service.
• 7. Functions of the Service.
• PART III.—COMMISSIONER OF THE CORRECTIONAL SERVICE.
• 8. Commissioner of the Correctional Service.
• 9. Leadership code applies.
• 10. Disqualifications from office.
• 11. Resignation.
• 12. Retirement.
• 13. Duties and responsibilities of the Commissioner.
• 14. Special powers of the Commissioner.
• 15. Annual reports, etc., by the Commissioner.
• PART IV.—MEMBERS OF THE CORRECTIONAL SERVICE.
• 16. Appointments to the Service.
• 17. Recruitment.
• 18. Probation.
• 19. Qualifications for appointment.
• 20. Appointment to vacancies.
• 21. Prescribed qualifications.
• 22. Examinations for promotion, appointment, etc.
• 23. Ranks.
• 24. Establishment of ranks.
• 25. Seniority.
• 26. Promotion.
• 27. Re-appointment of members retired on account of mental or bodily infirmity.
• 28. Re-appointment of persons who have resigned from the Service to become candidates at elections.
• 29. Re-appointment of certain convicted persons.
• 30. Terms and conditions of employment.
• 31. Transfers.
• 32. Member not to engage in outside employment.
• 33. Fares and travel expenses.
• 34. Training of members.
• 35. Powers to apprehend escapees.
• 36. Members may give orders.
• 37. Duties of members.
• PART V.—DISCIPLINE OF MEMBERS.
• 38. Interpretation.
• 39. Disciplinary offences.
• 40. Procedure for dealing with offences.
• 41. Minor offences.
• 42. Serious offences.
• 43. Penalties for minor offences.
• 44. Penalties for serious offences.
• 45. No right to appeal.
• 46. . . . [Repealed]
• 47. . . . [Repealed]
• 48. . . . [Repealed]
• 49. . . . [Repealed]
• 50. . . . [Repealed]
• 51. . . . [Repealed]
• 52. Suspension.
• 53. Pay during suspension.
• 54. Deduction of fines, etc., from pay.
• 55. Offences.
• 56. Procedure where address of member unknown.
• 57. Member charged with criminal offence.
• PART VI.—MISCELLANEOUS PROVISIONS RELATING TO MEMBERS.
• 58. Uniforms.
• 59. Bankrupt members.
• 60. Holidays.
• 61. Attachment of salaries.
• 62. Protection of members of the Service.
• PART VII.—ESTABLISHMENT AND ADMINISTRATION OF CORRECTIONAL INSTITUTIONS, ETC.
• 63. Correctional institutions.
• 64. Rural lock-ups.
• 65. Police lock-ups.
• 66. Correctional Officer-in-Charge.
• 67. Functions of a Commanding Officer.
• 68. Orders and directions.
• 69. Lawful directions.
• 70. Reports.
• PART VIII.—SECURITY AND CONTROL OF CORRECTIONAL INSTITUTIONS.
• 71. Interpretation.
• 72. Visits by relatives and friends.
• 73. Visits by Judges and Magistrates.
• 74. Visits by a member of the Ombudsman Commission or officer of the Ombudsman Commission.
• 75. Visits by Lawyers.
• 76. Visits by persons authorized by the Minister or Commissioner.
• 77. Persons entering a Correctional Institution.
• 78. Terms and conditions of visits.
• 79. Refusal to obey an order.
• 80. Search of a visitor.
• 81. Search.
• 82. Strip searches.
• 83. Searches of detainees.
• 84. Offences.
• 85. Seizure of unauthorized articles, etc.
• 86. Fingerprinting and photographing.
• 87. Property of detainees.
• 88. Medical examination of detainee.
• 89. Infectious diseases.
• 90. Medical tests and samples generally.
• 91. Medical tests in special circumstances.
• 92. Taking of samples of drugs and alcohol.
• 93. Misuse of official information and public comment.
• 94. Secrecy of information.
• 95. Interpretation.
• 97. Custody of detainee during transfer.
• 98. Unconvicted detainees may be transferred.
• 99. Attendance at court, etc.
• 100. Custody of detainee in hospital.
• 101. Absence from a Correctional Institution.
• 102. Other procedures relating to transfer, etc.
• 103. Warrant of committal.
• 104. Reports and detainee records.
• 105. Secrecy of records.
• 106. Inspections.
• 107. Separation of detainees generally.
• 108. Separation of one detainee from other detainees.
• 109. Classification of detainees.
• 110. Tool and material control.
• 111. General duties of Correctional Officer in relation to order and discipline, etc.
• 112. Powers of a Correctional Officer.
• 113. Offences to breach security.
• 114. Apprehension without warrant.
• 115. Use of dogs.
• PART IX.—STATUS OF DETAINEES.
• 116. Custody.
• 117. Commissioner to provide system for sentence calculation.
• 118. Cumulation of terms of imprisonment.
• 119. Expiration of terms of imprisonment.
• 120. Remission to be granted.
• 121. Special remission.
• PART X.—CONDITIONS OF DETENTION.
• 122. Accommodation.
• 123. Food.
• 124. Clothing.
• 125. Hygiene.
• 126. Exercise.
• 127. Work generally.
• 128. Organization and method of work.
• 129. Use of outside contractors in relation to work.
• 130. Safety precautions.
• 131. Working hours.
• 132. Supervision, etc., of work.
• 133. Work on public holidays.
• 134. Hard labour.
• 135. Light labour.
• 136. Institutional maintenance.
• 137. Removal of detainees for work.
• 138. Articles made by a detainee.
• 139. Children of detainees.
• 140. Disabled detainees.
• PART XI.—SERVICES FOR DETAINEE CARE AND WELFARE.
• 141. Health.
• 142. Visiting medical officers.
• 143. Religion.
• 144. Visiting Magistrates.
• 145. Duties of Visiting Magistrate.
• 146. Inability of Visiting Magistrate to act.
• 147. Additional Visiting Magistrates.
• 148. Ex officio Visiting Magistrates.
• 149. Training and education.
• 150. Recreation and welfare.
• PART XII.—DETAINEE DISCIPLINE.
• 151. Interpretation.
• 152. Offences.
• 153. Discipline Officer to be appointed.
• 154. Offence to be reported.
• 155. Investigation of offence.
• 156. Duties of Discipline Officer after investigations.
• 157. Duties of Commanding Officer.
• 158. Commissioner to appoint another Commanding Officer to hear charge if requested.
• 159. Commanding Officer's hearing.
• 160. Penalties which may be imposed.
• 161. Loss of remission.
• 162. Charge referred to court of competent jurisdiction.
• PART XIII.—MISCELLANEOUS.
• 163. Correctional Service Gazette.
• 164. Delegation.
• 165. Workers' compensation.
• 166. Misrepresentation by applicants for appointment.
• 167. Regulations.
• 168. Standing Orders.
• PART XIV.—REPEAL.
• 169. Repeal.
• PART XV.—TRANSITIONAL AND SAVINGS.
• 170. Interpretation.
• 171. Commissioner.
• 172. Correctional Officers.
• 173. Assistant Correctional Officers.
• 174. Pensions.
• 175. Continuation and completion of disciplinary proceedings.
• 176. Disciplinary offence alleged to have been committed under Corrective Institutions Act in respect of which disciplinary proceedings had not been commenced at the coming into operation of this Act.
• 177. Visiting Justices.
• 178. Warrants.
• 179. Orders, directions and authorizations.
• 180. Continuation and completion of disciplinary proceedings against detainees.
• 181. Corrective institution and lock-up offences alleged to have been committed under Corrective Institutions Act in respect of which disciplinary proceedings had not been commenced at the coming into operation of this Act.
• 182. Actions, etc., not to abate.
• 183. Application of Acts, etc.

Correctional Service Act 1995

[ Correctional Service Act 1995 consolidated to No 24 of 2014]

INDEPENDENT STATE OF PAPUA NEW GUINEA.

No. 6 of 1995.

AN ACT

entitled

Correctional Service Act 1995,

Being an Act to—

(a) establish a Correctional Service comprised of correctional officers and declare it to be a State Service as permitted by Section 188(2) of the Constitution; and

(b) provide for the functions and powers of the Correctional Service and its members and declare the Correctional Officers to be a disciplined force as provided in Section 207 of the Constitution; and

(c) establish correctional institutions and provide for their administration and for security and control therein; and

(d) provide for the custody, status, care, welfare and discipline of detainees; and

(e) repeal various Acts,

and for related purposes,

MADE by the National Parliament to come into operation in accordance with a notice in the National Gazette by the Head of State, acting with, and in accordance with, the advice of the Minister.

PART I.—PRELIMINARY.

1 Compliance with Constitutional requirements.

(1) This Act, to the extent that it regulates or restricts a right or freedom referred to in Subdivision III.3.C (Qualified rights) of the Constitution, namely—

(a) the right to freedom from arbitrary search and entry conferred by Section 44 of the Constitution; and

(b) the right to freedom of expression and publication conferred by Section 46 of the Constitution; and

(c) the right to freedom of assembly and association conferred by Section 47 of the Constitution; and

(d) the right to privacy conferred by Section 49 of the Constitution; and

(e) the right to freedom of information conferred by Section 51 of the Constitution,

is a law that is made for the purpose of public safety, public order and public welfare.

(2) For the purposes of...