Corrections Act 2004

Corrections system - Complaints, investigations, and inspections

157: Powers of entry and access by inspectors of corrections

You could also call this:

"Inspectors of corrections can enter certain places to check on people and how they are being treated."

Illustration for Corrections Act 2004

As an inspector of corrections, you have the power to enter certain places to do your job. You can enter a prison, community work centre, probation office, or any other place where someone under control or supervision is or was detained. You can also enter a dwellinghouse, but you need to gain access to all parts of the place. You can talk to people under control or supervision, people in charge of them, staff, and visitors. If the place is a prison, community work centre, or probation office, you can look at records that are not about police officers. You can enter vehicles used to transport people under control or supervision. However, there are some rules you must follow. You cannot enter a dwellinghouse without the occupier's consent. You also cannot enter certain parts of a place or a vehicle without consent.

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Part 2Corrections system
Complaints, investigations, and inspections

157Powers of entry and access by inspectors of corrections

  1. For the purpose of performing any functions as an inspector, an inspector of corrections may, at any time, enter a prison (including any Police station to which section 36 applies), community work centre, probation office, or any other place (including a dwellinghouse) at which a person under control or supervision is or was detained or required to attend, work, live, or from which his or her sentence or any condition of that sentence is or was monitored, and gain access to—

  2. all parts of that place:
    1. all persons under control or supervision in that place:
      1. all persons with responsibility for the control or supervision of those persons in that place, other persons employed in that place, and visitors in that place:
        1. if the place is a prison, community work centre, or probation office, all records stored in that place (other than personnel records relating to a constable or constables) that relate to—
          1. the place; or
            1. a person who is or was under control or supervision; or
              1. a staff member employed at that place.
              2. For the purpose of performing any functions as an inspector, an inspector of corrections may, at any time, enter any vehicle that is or was being used for the transportation of any person under control or supervision during any period of that person's detention.

              3. Despite section 156(2) and subsections (1) and (2) of this section, an inspector—

              4. must not enter a dwellinghouse without the consent of any person who appears to be the occupier of that dwellinghouse:
                1. must not enter any part of a place at which a person under control or supervision is required to live, work, or attend (other than the actual part of the place in or at which the person is required to live, work, or attend) without the consent of the person who appears to be the occupier of that place:
                  1. must not enter a vehicle that is not owned or leased by the department, unless the owner or driver of the vehicle consents to that entry.
                    Notes
                    • Section 157(1): amended, on , by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
                    • Section 157(1)(d): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).