Corrections Amendment Regulations 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Corrections Amendment Regulations 2015 S.R. No. 140/2015 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 1 3 Commencement 2 4 Principal Regulations 2 5 Prescription of instruments of restraint and their manner of use 2 6 Prisoner savings 2 7 Regulations 73 and 74 substituted 3 8 New regulations 74A and 74B inserted 5 ═══════════════ Endnotes 8 -- 1 of 9 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2015 S.R. No. 140/2015 Corrections Act 1986 Corrections Amendment Regulations 2015 The Governor in Council makes the following Regulations: Dated: 24 November 2015 Responsible Minister: WADE NOONAN Minister for Corrections ANDREW ROBINSON Clerk of the Executive Council 1 Objectives The objectives of these Regulations are to amend the Corrections Regulations 2009— (a) to clarify the manner in which prescribed instruments of restraint may be used; and (b) to enable the Secretary to determine the amounts of remuneration to be retained on behalf of a prisoner who participates in an art program agreement; and (c) to prescribe the requirements for how articles and substances seized by escort officers and prison officers are to be dealt with. 2 Authorising provision These Regulations are made under section 112 of the Corrections Act 1986. -- 2 of 9 -- Corrections Amendment Regulations 2015 S.R. No. 140/2015 Authorised by the Chief Parliamentary Counsel 2 3 Commencement These Regulations commence on 30 November 2015. 4 Principal Regulations In these Regulations, the Corrections Regulations 2009 1 are called the Principal Regulations. 5 Prescription of instruments of restraint and their manner of use For regulation 13(4)(e)(ii) of the Principal Regulations, substitute— "(ii) any of the instruments of restraint in paragraphs (a) to (d) and a fixture.". 6 Prisoner savings (1) After regulation 31(1) of the Principal Regulations insert— "(1A) The Secretary may— (a) approve of and enter into an agreement (an art program agreement) with a prisoner to participate in the sale of art and other things that have been made or produced by the prisoner at a prison in exchange for payment; and (b) determine the rates to be retained on behalf of a prisoner in the prisoner's trust account from any payment or remuneration received by a prisoner under an art program agreement. (1B) If a prisoner has executed an art program agreement and despite subregulation (1), the Governor must retain an amount calculated in accordance with the Secretary's determination under subregulation (1A) in -- 3 of 9 -- Corrections Amendment Regulations 2015 S.R. No. 140/2015 Authorised by the Chief Parliamentary Counsel 3 the prisoner's trust account until the prisoner is released from prison.". (2) In regulation 31(2) and (4) of the Principal Regulations, after "subregulation (1)" insert "or subregulation (1B)". 7 Regulations 73 and 74 substituted For regulations 73 and 74 of the Principal Regulations, substitute— "73 Register of articles or substances seized (1) The Governor of a prison must establish and maintain a register of all articles or substances seized in the prison. (2) The Governor must ensure that, in respect of each article or substance seized in the prison, an entry is made in the register that contains— (a) a description that includes the quantity (if known) of the article or substance; and (b) the name of the person from whom the article or substance was seized; and (c) the name and address of the owner of the article or substance seized (if known); and (d) the time and date of the seizure; and (e) the name and signature of the escort officer or prison officer who seized the article or substance; and -- 4 of 9 -- Corrections Amendment Regulations 2015 S.R. No. 140/2015 Authorised by the Chief Parliamentary Counsel 4 (f) information about how the article or substance was dealt with under regulation 74. (3) In addition, if a firearm, explosive substance or quantity of a drug of dependence seized in the prison is given to a police officer under regulation 74(2), the register must contain the name, rank, number and signature of that police officer. 74 Dealing with articles or substances seized (1) The Governor of a prison must ensure that an article or substance seized in the prison is dealt with in accordance with this regulation. (2) The Governor must ensure that a firearm, explosive substance or drug of dependence seized in the prison is given to a police officer as soon as possible. (3) The Governor must direct that any other article or substance seized in the prison is dealt with by one or more of the following methods— (a) retention of the article or substance as evidence; (b) disposal of the article or substance in a manner allowed by law; (c) return of the article or substance to the owner of the article or substance (if reasonably practicable); -- 5 of 9 -- Corrections Amendment Regulations 2015 S.R. No. 140/2015 Authorised by the Chief Parliamentary Counsel 5 (d) storage of the article or substance as a part of the property of the prisoner from whom the article or substance was seized; (e) declaration of the article or substance as forfeit to the Crown if the article or substance was involved in the commission of an offence; (f) dismantling of the article in a manner allowed by law; (g) dealing with the article or substance in a manner that is appropriate to the nature of the article or substance and the circumstances under which it was seized.". 8 New regulations 74A and 74B inserted After regulation 74 of the Principal Regulations insert— "74A Register of articles or substances seized by escort officers (1) For the purposes of section 55H(2) of the Act, the Secretary must establish and maintain a register of all articles or substances seized by an escort officer who is transporting or supervising a prisoner. (2) The escort officer must ensure that, in respect of each article or substance seized by an escort officer, an entry is made in the register that contains— -- 6 of 9 -- Corrections Amendment Regulations 2015 S.R. No. 140/2015 Authorised by the Chief Parliamentary Counsel 6 (a) a description that includes the quantity (if known) of the article or substance; and (b) the name of the person from whom the article or substance was seized; and (c) the name and address of the owner of the article or substance seized (if known); and (d) the time and date of the seizure; and (e) the name and signature of the escort officer who seized the article or substance; and (f) information about how the article or substance was dealt with under regulation 74B. (3) In addition, if a firearm, explosive substance or quantity of a drug of dependence seized by an escort officer is given to a police officer under regulation 74B(2), the register must contain the name, rank, number and signature of that police officer. 74B Dealing with articles or substances seized by escort officers (1) For the purposes of section 55H(2) of the Act, the Secretary must ensure that an article or substance seized by an escort officer is dealt with in accordance with this regulation. -- 7 of 9 -- Corrections Amendment Regulations 2015 S.R. No. 140/2015 Authorised by the Chief Parliamentary Counsel 7 (2) The Secretary must ensure that a firearm, explosive substance or drug of dependence seized by an escort officer is given to a police officer as soon as possible. (3) The Secretary must direct that any other article or substance seized by an escort officer is dealt with by one or more of the following methods— (a) retention of the article or substance as evidence; (b) disposal of the article or substance in a manner allowed by law; (c) return of the article or substance to the owner of the article or substance (if reasonably practicable); (d) storage of the article or substance as a part of the property of the prisoner from whom the article or substance was seized; (e) declaration of the article or substance as forfeit to the Crown if the article or substance was involved in the commission of an offence; (f) dismantling of the article in a manner allowed by law; (g) dealing with the article or substance in a manner that is appropriate to the nature of the article or substance and the circumstances under which it was seized.". ═══════════════ -- 8 of 9 -- Endnotes Corrections Amendment Regulations 2015 S.R. No. 140/2015 Authorised by the Chief Parliamentary Counsel 8 Endnotes 1 Reg. 4: S.R. No. 40/2009 as amended by S.R. Nos 135/2009, 15/2013, 12/2014, 147/2014 and 95/2015. -- 9 of 9 --