A prisoner who fails without reasonable excuse to attend before or produce material to a Visiting Tribunal, misbehaves before a Visiting Tribunal; or refuses to be sworn in or affirmed and answer relevant questions in the proceedings before a Visiting Tribunal is guilty of an offence and liable to a maximum penalty of a fine of $7500 or imprisonment for three months [see Correctional Services Act 1982 s 41(2)].

A prisoner who breaks a condition imposed on a temporary leave of absence granted by the Chief Executive is guilty of an offence. The maximum penalty for this offence is imprisonment for one year which is in addition to any other sentence being served [Correctional Services Act 1982 s 50A].

The penalties for escaping can all be found in the Criminal Law Consolidation Act 1935 . The maximum penalty for escaping from a prison is seven years imprisonment [s 254]. Court decisions have significantly increased the penalty for escaping R v Knight (1986) 42 SASR 227, R v Forrest (1986) 46 SASR 75 and R v Turner and Clarke (1995) 65 A Crim R 178.

The original sentence of a prison escapee is not being served while he or she is unlawfully at large [Correctional Services Act 1982 s 50(3)].

Section 49 of the Correctional Services Act 1982 (SA) outlines criminal offences committed by prisoners that disrupt security or order. They include taking part in an unlawful assembly, and taking part in a riot or mutiny, including where a prisoner damages property or escapes custody as a result.

Section 49A of the Correctional Services Act 1982 (SA) outlines criminal offences for possession of certain items by prisoners in a correctional institution, for example a controlled drug.

Maximum penalties for these criminal offences are significant, and can range from three years to ten years imprisonment.

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)].