New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 253MA

253MA Use of reasonable force--visitors

(1) A correctional officer may use force to deal with a visitor for the following purposes--

(a) to protect the correctional officer or another person (including a member of staff of Corrective Services NSW, an inmate or a member of the public) from attack or harm, or imminent attack or harm, but only if there are no other immediate or apparent means available for the protection of the correctional officer or other person,

(b) to prevent damage to the place of detention or to any property within the place of detention,

(c) to prevent an unlawful attempt to enter the place of detention by force or to free an inmate,

(d) to remove the visitor from the place of detention, if the officer is authorised to do so under the regulations.

(2) A correctional officer may use force to deal with a visitor for the purpose of exercising a power under section 253I or any other provision of this Part.

Note : Section 253I confers powers on a correctional officer to arrest a person suspected of committing a relevant offence, to search and detain the person and to seize things that are evidence of the commission of a relevant offence.

(3) The nature and extent of the force that may be used in relation to a visitor are to be dictated by circumstances, subject to the following--

(a) the force used must not exceed the force that is reasonably necessary for protection, or to maintain the good order and security of a place of detention, having due regard to the personal safety of correctional officers and others,

(b) the infliction of injury on a visitor is to be avoided if at all possible,

(c) if a visitor is restrained--once the visitor is satisfactorily restrained, no further force must be used on the visitor other than the force reasonably necessary to maintain that restraint.

(4) A correctional officer may use handcuffs, or other equipment prescribed by the regulations, for the purpose of restraining a visitor, but only if it is reasonably necessary in the circumstances.

(5) This section is in addition to section 253L.