of torture. ˚ Law enforcement officers and corrections officers are included
within the statutory definition of a “public official” for the purposes of
the Act.
Crimes Act 1961
• Section 151: “Every one who has actual care or charge of a person who
is a vulnerable adult and who is unable to provide himself or herself with
necessaries is under a legal duty – (a) to provide that person with necessaries;
and (b) to take reasonable steps to protect that person from injury.”
• Section 2 defines a “vulnerable person” “a person unable, by reason of
detention, age, sickness, mental impairment, or any other cause, to withdraw
himself or herself from the care or charge of another person.”
Corrections Act 2004
Segregation
• Section 57: Segregation is defined as an event where “[t]he opportunity of
a prisoner to associate with other prisoners may be restricted or denied in
accordance with sections 58 to 60.”
• The Corrections Act provides for the segregation of prisoners for the purpose
of security, good order or safety (s 58), protective custody (s 59) or medical
oversight (s 60). Security, good order, or safety.
• Section 58(1): A prisoner may be placed in segregation if the prison manager
is of the opinion that “the security or good order of the prison would
otherwise be endangered or prejudiced”, or “the safety of another prisoner or
another person would otherwise be endangered.”
• Section 58(2): If a prisoner is segregated in this way, they must be given
the reasons for their segregation in writing and the chief executive of the
Department of Corrections must be promptly informed of the direction and
the reasons for it.
• Section 58(3): The decision to segregate someone may be revoked at any
time by the chief executive or a Visiting Justice (and it must be revoked by the
prison manager if there ceases to be any justification for continuing to restrict
or deny the opportunity of the prisoner to associate with other prisoners),
• Sections 58(3)(c), 58(3)(d)(i): A decision to segregate expires after 14 days
unless the chief executive directs for it to continue, in which case the decision
must be reviewed by the chief executive at least every month.
• Sections 58(3)(d)(ii), 58(3)(e): It then expires after three months unless
renewed by a Visiting Justice, who must then review it in intervals of not more
than three months.
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