Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 105A - Post-sentence orders  

Subdivision B - Post-sentence orders  

SECTION 105A.4   Treatment of a terrorist offender in a prison under a continuing detention order  

(1)    

A terrorist offender who is detained in custody in a prison under a continuing detention order must be treated in a way that is appropriate to his or her status as a person who is not serving a sentence of imprisonment, subject to any reasonable requirements necessary to maintain:

(a) the management, security or good order of the prison; and

(b) the safe custody or welfare of the offender or any prisoners; and

(c) the safety and protection of the community.

(2)    
The offender must not be accommodated or detained in the same area or unit of the prison as persons who are in prison for the purpose of serving sentences of imprisonment unless:

(a) it is reasonably necessary for the purposes of rehabilitation, treatment, work, education, general socialisation or other group activities; or

(b) it is necessary for the security or good order of the prison or the safe custody or welfare of the offender or prisoners; or

(c) it is necessary for the safety and protection of the community; or

(d) the offender elects to be so accommodated or detained.

(3)    
This section does not apply if the offender is serving a sentence of imprisonment.