Corrections Act 2004

Corrections system - Establishment and operation of prisons - Denial or restriction of ability to associate

60: Segregation for purpose of medical oversight

You could also call this:

"Keeping a prisoner alone for health checks"

If you are a prisoner, the prison manager can stop you from seeing other prisoners if the health centre manager thinks it's a good idea. This can happen for two reasons: to check or make sure you are physically healthy, or to check or make sure you are mentally healthy. The health centre manager can only make this recommendation if they have the right skills to do so, or if they have talked to a medical practitioner who has the right skills. If the prison manager makes this decision, you will be told why in writing, and the chief executive will also be told. This decision will stay in place until the prison manager or the chief executive changes it, or until you are no longer in the prison. The prison manager can only change this decision if the health centre manager says it's okay to do so. While this decision is in place, a registered health professional will visit you at least once a day, unless the health centre manager thinks it's not necessary. During these visits, the health professional will think about whether the decision should still be in place, and will tell the health centre manager what they think.

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Part 2Corrections system
Establishment and operation of prisons: Denial or restriction of ability to associate

60Segregation for purpose of medical oversight

  1. A prison manager may direct that the opportunity of a prisoner to associate with other prisoners be restricted or denied if the health centre manager of the prison recommends that a direction of this kind is desirable for either or both of the following reasons:

  2. in order to assess or ensure the prisoner's physical health, except against the risk of self-harm:
    1. in order to assess or ensure the prisoner's mental health.
      1. Before a health centre manager makes a recommendation under subsection (1) that relates to a matter outside his or her scope of practice, he or she must consult a medical practitioner whose scope of practice includes that matter.

      2. If a direction is given under this section,—

      3. the prisoner concerned must promptly be given the reasons for the direction in writing:
        1. the chief executive must promptly be informed of the direction and the reasons for it.
          1. A direction under this section continues in force while the prisoner continues to be detained in the prison unless the prison manager or the chief executive revokes it.

          2. The prison manager may not revoke a direction under this section unless the health centre manager advises that there has ceased to be any justification, under subsection (1), for continuing to restrict or deny the opportunity of the prisoner to associate with other prisoners.

          3. While a direction under this section is in force, the health centre manager must, unless he or she is satisfied that it is not necessary in the circumstances, ensure that a registered health professional visits the prisoner concerned at least once a day.

          4. As part of the visit referred to in subsection (5), the registered health professional must consider and advise the health centre manager of any matters relevant to a review of the continuing justification for a direction under this section.

          5. Repealed
          Notes
          • Section 60(1): amended, on , by section 14(1) of the Corrections Amendment Act 2013 (2013 No 5).
          • Section 60(1)(a): amended, on , by section 11(1) of the Corrections Amendment Act 2019 (2019 No 57).
          • Section 60(1)(b): amended, on , by section 11(2) of the Corrections Amendment Act 2019 (2019 No 57).
          • Section 60(1A): inserted, on , by section 14(2) of the Corrections Amendment Act 2013 (2013 No 5).
          • Section 60(4): amended, on , by section 14(3) of the Corrections Amendment Act 2013 (2013 No 5).
          • Section 60(5): replaced, on , by section 11(3) of the Corrections Amendment Act 2019 (2019 No 57).
          • Section 60(6): inserted, on , by section 14 of the Corrections Amendment Act 2024 (2024 No 41).
          • Section 60(6): repealed, on , by section 11(3) of the Corrections Amendment Act 2019 (2019 No 57).