Corrections Amendment (Smoke-Free Prisons and Other Matters) Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Corrections Amendment (Smoke-Free Prisons and Other Matters) Regulations 2014 S.R. No. 147/2014 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objective 1 2 Authorising provision 2 3 Commencement 2 4 Principal Regulations 2 PART 2—ESTABLISHMENT OF CASE MANAGEMENT REVIEW COMMITTEES AND OTHER MINOR AND CONSEQUENTIAL AMENDMENTS 3 5 Prescription of instruments of restraint and their manner of use 3 6 Regulation 24 substituted and new regulations 24A to 24C inserted 4 24 Establishment and functions of case management review committees 4 24A Appointment of case management review committees 4 24B Variation of classification 5 24C Secretary may make rules 5 7 Determination of classification 5 8 Visits by police 6 9 Record of seized articles 6 10 Dealing with seized articles or substances 6 11 Other terms and conditions of a parole order 6 12 Warrant under section 77(6)(a) 6 13 Register of seized articles or substances 6 14 Dealing with seized articles or substances 7 15 Schedule 2—Order to bring a prisoner before a court or coroner 7 16 Schedule 4 amended 7 17 Schedule 7—Warrant for apprehension and return to prison 7 18 Schedule 10 amended 7 -- 1 of 12 -- Regulation Page ii Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENTS RELATING TO THE CORRECTIONS AMENDMENT (SMOKE-FREE PRISONS) ACT 2014 9 19 Definitions 9 20 Entry of property 9 21 New Division 15 of Part 3 inserted 9 Division 15—Smoking 9 49A Offence to smoke at a prison 9 22 Prison offences 9 ═══════════════ ENDNOTES 10 -- 2 of 12 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 147/2014 Corrections Act 1986 Corrections Amendment (Smoke-Free Prisons and Other Matters) Regulations 2014 The Governor in Council makes the following Regulations: Dated: 30 September 2014 Responsible Minister: EDWARD O'DONOHUE Minister for Corrections YVETTE CARISBROOKE Clerk of the Executive Council PART 1—PRELIMINARY 1 Objective The objective of these Regulations is to amend the Corrections Regulations 2009— (a) to prescribe an instrument of restraint that may be applied to a prisoner; and (b) to provide for the appointment of case management review committees; and (c) as a consequence of the enactment of the Corrections Amendment (Smoke-Free Prisons) Act 2014 and the Victoria Police Amendment (Consequential and Other Matters) Act 2014; and (d) to make other minor and technical amendments to the Regulations. -- 3 of 12 -- Part 1—Preliminary Corrections Amendment (Smoke-Free Prisons and Other Matters) Regulations 2014 S.R. No. 147/2014 2 Authorised by the Chief Parliamentary Counsel 2 Authorising provision These Regulations are made under section 112 of the Corrections Act 1986. 3 Commencement (1) These Regulations, except regulations 6 and 7 and Part 3, come into operation on 1 October 2014. (2) Regulations 6 and 7 come into operation on 1 December 2014. (3) Part 3 comes into operation on 1 July 2015. 4 Principal Regulations In these Regulations, the Corrections Regulations 20091 are called the Principal Regulations. __________________ r. 2 -- 4 of 12 -- Part 2—Establishment of Case Management Review Committees and Other Minor and Consequential Amendments Corrections Amendment (Smoke-Free Prisons and Other Matters) Regulations 2014 S.R. No. 147/2014 3 Authorised by the Chief Parliamentary Counsel PART 2—ESTABLISHMENT OF CASE MANAGEMENT REVIEW COMMITTEES AND OTHER MINOR AND CONSEQUENTIAL AMENDMENTS 5 Prescription of instruments of restraint and their manner of use (1) In regulation 13(4) of the Principal Regulations— (a) in paragraph (d), for "body." substitute "body;"; (b) after paragraph (d) insert— "(e) one or more chains connected to— (i) any of the instruments of restraint in paragraphs (a) to (d); or (ii) one or more fixtures that secure any part of the body. Example An example of a chain connected in accordance with subparagraph (ii) is a chain that is connected to a handcuff at one end and an ankle bracelet at the other end that secures to the prisoner and to a secure fixture when the prisoner is on a hospital bed or in a wheelchair.". (2) After regulation 13(4) of the Principal Regulations insert— "(4A) Any of the instruments of restraint in subregulation (4) may be secured with one or more locks.". r. 5 -- 5 of 12 -- Part 2—Establishment of Case Management Review Committees and Other Minor and Consequential Amendments Corrections Amendment (Smoke-Free Prisons and Other Matters) Regulations 2014 S.R. No. 147/2014 4 Authorised by the Chief Parliamentary Counsel 6 Regulation 24 substituted and new regulations 24A to 24C inserted For regulation 24 of the Principal Regulations substitute— "24 Establishment and functions of case management review committees (1) In each prison there is to be one or more case management review committees. (2) A case management review committee has the following functions— (a) to oversee the case management of prisoners; (b) to review prisoners' classification, subject to any rules made by the Secretary under regulation 24C; (c) to consider prisoners' access to programmes; (d) to monitor prisoners' welfare. (3) A case management review committee must— (a) meet with the frequency determined by the Secretary; and (b) conduct its procedures in the manner determined by the Secretary; and (c) establish and maintain the records determined by the Secretary. 24A Appointment of case management review committees The Secretary may— (a) appoint members to a case management review committee; and r. 6 -- 6 of 12 -- Part 2—Establishment of Case Management Review Committees and Other Minor and Consequential Amendments Corrections Amendment (Smoke-Free Prisons and Other Matters) Regulations 2014 S.R. No. 147/2014 5 Authorised by the Chief Parliamentary Counsel (b) determine the terms and conditions of appointment. 24B Variation of classification (1) A case management review committee may— (a) subject to any rules made in accordance with regulation 24C, vary the classification of a prisoner; or (b) make recommendations to a sentence management panel regarding the classification of a prisoner. (2) The Secretary or sentence management panel, at any time, may vary a decision made by a case management review committee in relation to a prisoner's classification. 24C Secretary may make rules The Secretary may make rules for the following— (a) the variation of the classification of prisoners and the exercise by case management review committees of the power to vary prisoners' classification; (b) the composition of case management review committees; (c) the conduct of proceedings of case management review committees.". 7 Determination of classification In regulation 25 of the Principal Regulations, for "review and assessment committee," substitute "case management review committee,". r. 7 -- 7 of 12 -- Part 2—Establishment of Case Management Review Committees and Other Minor and Consequential Amendments Corrections Amendment (Smoke-Free Prisons and Other Matters) Regulations 2014 S.R. No. 147/2014 6 Authorised by the Chief Parliamentary Counsel 8 Visits by police In regulation 62 of the Principal Regulations, for "A member of the police force" substitute "A police officer". 9 Record of seized articles In regulation 73(3) of the Principal Regulations, for "the member of the police force" substitute "the police officer". 10 Dealing with seized articles or substances In regulation 74(1) of the Principal Regulations, for "a member of the police force" substitute "a police officer". 11 Other terms and conditions of a parole order (1) In regulation 83B(1)(o) of the Principal Regulations, for "authorised" substitute "approved". (2) After regulation 83B(1) of the Principal Regulations insert— "(1A) For the purposes of subregulation (1)(m) and (n), the period of an approval in writing by the Regional Manager must not exceed 21 days.". 12 Warrant under section 77(6)(a) (1) In the heading to regulation 87 of the Principal Regulations, for "section 77(6)(a)" substitute "section 77B(1)(a)". (2) In regulation 87(1) of the Principal Regulations, for "section 77(6)(a)" substitute "section 77B(1)(a)". 13 Register of seized articles or substances In regulation 93(3) of the Principal Regulations, for "the member of the police force" substitute "the police officer". r. 8 -- 8 of 12 -- Part 2—Establishment of Case Management Review Committees and Other Minor and Consequential Amendments Corrections Amendment (Smoke-Free Prisons and Other Matters) Regulations 2014 S.R. No. 147/2014 7 Authorised by the Chief Parliamentary Counsel 14 Dealing with seized articles or substances In regulation 94(3) of the Principal Regulations, for "a member of the police force" substitute "a police officer". 15 Schedule 2—Order to bring a prisoner before a court or coroner (1) In Schedule 2 to the Principal Regulations, for "members of the police force" (where twice occurring) substitute "police officers". (2) In Schedule 2 to the Principal Regulations, for "MEMBERS OF THE POLICE FORCE" substitute "POLICE OFFICERS". 16 Schedule 4 amended (1) In item 25 of Form 1 of Schedule 4 to the Principal Regulations, for "authorised" substitute "approved". (2) In item 25 of Form 3 of Schedule 4 to the Principal Regulations, for "authorised" substitute "approved". 17 Schedule 7—Warrant for apprehension and return to prison (1) In Schedule 7 to the Principal Regulations, for "all members of the Police Force" substitute "all police officers". (2) In Schedule 7 to the Principal Regulations, for "any member of the police force" substitute "any police officer". 18 Schedule 10 amended (1) In Form 1 of Schedule 10 to the Principal Regulations— (a) for "all members of the Police Force" substitute "all police officers"; r. 14 -- 9 of 12 -- Part 2—Establishment of Case Management Review Committees and Other Minor and Consequential Amendments Corrections Amendment (Smoke-Free Prisons and Other Matters) Regulations 2014 S.R. No. 147/2014 8 Authorised by the Chief Parliamentary Counsel (b) after "be detained" insert "in a prison or a police gaol"; (c) for "any member of the police force" substitute "any police officers"; (d) for "Member of the Adult Parole Board" substitute "Member/Secretary of the Adult Parole Board". (2) In Form 2 of Schedule 10 to the Principal Regulations— (a) for "all members of the Police Force" substitute "all police officers"; (b) after "be detained" insert "in custody"; (c) for "Member of the Adult Parole Board" substitute "Member/Secretary of the Adult Parole Board". (3) In Form 3 of Schedule 10 to the Principal Regulations— (a) for "all members of the Police Force" substitute "all police officers"; (b) after "be detained" insert "in a prison or a police gaol"; (c) after "prisoner's detention" insert "in a prison or a police gaol"; (d) for "Member of the Adult Parole Board" substitute "Member/Secretary of the Adult Parole Board". __________________ r. 18 -- 10 of 12 -- Part 3—Amendments Relating to the Corrections Amendment (Smoke-Free Prisons) Act 2014 Corrections Amendment (Smoke-Free Prisons and Other Matters) Regulations 2014 S.R. No. 147/2014 9 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENTS RELATING TO THE CORRECTIONS AMENDMENT (SMOKE-FREE PRISONS) ACT 2014 19 Definitions In regulation 5(1) of the Principal Regulations, for the definition of unauthorised substance or article substitute— "unauthorised substance or article means a substance or article specified in regulation 33(1).". 20 Entry of property After regulation 33(1)(e) of the Principal Regulations insert— "(ea) tobacco product; (eb) tobacco smoking accessory;". 21 New Division 15 of Part 3 inserted After Division 14 of Part 3 of the Principal Regulations insert— "Division 15—Smoking 49A Offence to smoke at a prison A person must not smoke or use a tobacco product at a prison or in any part of a prison. Penalty: 10 penalty units.". 22 Prison offences For regulation 50(g) of the Principal Regulations substitute— "(g) smoke or use a tobacco product; or". ═══════════════ r. 19 -- 11 of 12 -- Corrections Amendment (Smoke-Free Prisons and Other Matters) Regulations 2014 S.R. No. 147/2014 10 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 40/2009 as amended by S.R. Nos 135/2009, 15/2013, 12/2014 and 20/2014. Endnotes -- 12 of 12 --