skip to content

Refine results


Search by

Search by Algolia
Law Handbook banner image

Offences by others

A person, knowing that another person has unlawfully escaped, who harbours, employs or assists the escapee, is guilty of an offence with a maximum penalty of four years imprisonment [Criminal Law Consolidation Act 1935 s 255].

It is an offence for a person to communicate with a prisoner in an unlawful manner, to deliver a prohibited item to a prisoner, or introduce (or be in possession of) a prohibited item into a prison, or to loiter outside a prison for an unlawful purpose [Correctional Services Act 1982 s 51]. The maximum penalty for these offences is six months imprisonment, unless the prohibited item delivered to a prison was a controlled drug, in which case the maximum penalty is up to ten years imprisonment [s 51(1)(a)] or another item prescribed by the regulations in which case the maximum penalty is five years imprisonment [s 51(1)(ab)]. Further offences apply to possession of a controlled drug or prohibited item within a correctional institution buffer zone (as declared by the Minister by notice in the SA Gazette) [s 51(2)-(3)].

A person must not operate a remotely piloted aircraft (for example, a drone) within 100 metres of a correctional institution, except with the permission of the Chief Executive. The maximum penalty is $10 000 or 2 years imprisonment [Correctional Services Act 1982 s 87A]. Section 87B of the same Act outlines special powers that apply regarding seized remotely piloted aircraft.

An officer or employee of the Department or a police officer employed in a correctional institution must not place a spit hood on the head of a person. A spit hood is a covering (however described) that is intended to be placed over a person's head to prevent the person from spitting on, or biting, another person. The maximum penalty is imprisonment for 2 years [ s86AA].

As the Chief Executive ('CE') of the Department has the legal custody of a prisoner, a great deal of information concerning the prisoner, including the prisoner's criminal and medical records and other personal information, is under the Chief Executive's control. It is an offence punishable by a fine of up to $10 000 for an officer of the Department to disclose any information contained in a prisoner's file kept by the Department [Correctional Services Act 1982 s 85C].

The Board must not disclose information or evidence provided by a medical practitioner or psychologist in connection with the Board’s functions or powers under the Act, unless the presiding member of the Board has authorised the disclosure [s 85C(a1)]. A person must not disclose protected information or information the disclosure of which the person reasonably believes would give risk to a serious risk to the life or safety of a person unless authorised to do so by the CE. The maximum penalty is a fine of up to $20 000 [s 85C(a2)].

Protected information means information contained in report prepared by a health practitioner for the purposes of assisting the Department in the assessment, placement or management of a prisoner, or relating to the safety or security of a correctional institution or the disclosure of which could reasonably be expected to prejudice a criminal investigation or national security [ s 85C(3)].

Under section 85E of the Act a person must not use or disclose biometric data derived from a biometric identification procedure relating to a visitor to a prison except as is reasonably required for the purposes of carrying out the biometric identification procedure (maximum penalty $10 000 or 2 years imprisonment) [s 85E(1)]. A similar offence exists in relation to the misuse of biometric data of a prisoner [see s 85E(2)].

Offences by others  :  Last Revised: Wed Dec 8th 2021
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.