Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.10 - Community safety orders  

Division 395 - Community safety orders  

Subdivision B - Community safety orders  

SECTION 395.7   Treatment of a serious offender in a prison under a community safety detention order  

(1)    
A serious offender who is detained in custody in a prison under a community safety detention order must be treated in a way that is appropriate to the offender ' s 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.