Corrections Regulations 2009

i Corrections Regulations 2009 S.R. No. 40/2009 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provisions 1 3 Commencement 2 4 Revocation 2 5 Definitions 2 PART 2—OFFICERS 5 6 Conduct of all officers 5 7 Officers under sections 14(f) and 85(e) of the Act 5 PART 3—MANAGEMENT AND SECURITY 7 Division 1—Firearms 7 8 Issue of firearms 7 9 Unauthorised removal of firearms etc. 8 10 Discharge of firearms 8 Division 2—Dogs 9 11 Approved dogs 9 12 Use of dogs 9 Division 3—Restraint 9 13 Prescription of instruments of restraint and their manner of use 9 14 Use of restraint for lengthy period 10 15 Use of restraint during transport 10 16 Report to Governor by prison officer 11 Division 4—Control of communication 11 17 Control of letters and parcels 11 18 Register of letters and parcels 14 19 Restrictions of communications during emergency 14 -- 1 of 88 -- Regulation Page ii Division 5—Leave of absence to attend court or a hearing 15 20 Absence to attend court or a hearing 15 21 Wearing of non-prison clothing 15 Division 6—Classification 16 22 Classification of prisoners 16 23 Sentence management panels 16 24 Review and assessment committees 17 25 Determination of classification 18 Division 7—Placement 19 26 Determination of placement 19 Division 8―Separation 20 27 Separation by the Secretary 20 Division 9—Prisoners' money 21 28 Prisoner trust account 21 29 Regulation of prisoners' money 21 30 Expenditure of prisoner's money 22 31 Prisoner savings 23 Division 10—Property of prisoners 24 32 Bringing property into prison 24 33 Entry of property 25 34 Storage of prisoner's property 26 35 Refusal to store prisoner's property 27 36 Dealing with a prisoner's property 28 37 Transfer of prisoner's property 28 38 Giving or selling of prisoner's property 29 39 Deceased prisoner's personal effects 29 Division 11—Work and remuneration 30 40 Remuneration 30 41 Dismissal from work 31 Division 12—Prisoner privileges 31 42 Prisoner privileges 31 Division 13—Children of prisoners 31 43 Temporary placement of prisoner's children 31 44 Placement of prisoner's children 32 45 Review of placement 32 46 Record of children living in prison 33 47 Restrictions on children 33 -- 2 of 88 -- Regulation Page iii Division 14—Custodial community permits 33 48 Issue of permit 33 49 Conditions of permit 34 PART 4—PRISON DISCIPLINE 35 Division 1—General 35 50 Prison offences 35 Division 2—Governor's hearing 38 51 Conduct of disciplinary officers 38 52 Conduct of Governor's hearing 38 53 Prisoner must be given details of the charge and hearing procedure 39 54 Preliminary steps if prisoner present at the hearing 39 55 Procedure if prisoner pleads not guilty 39 56 Procedure if prisoner pleads guilty 40 57 Procedure if prisoner not present when charge heard 41 58 Governor may dismiss charge any time after plea recorded 42 59 Steps to be taken once Governor's decision made 42 PART 5—ACCESS TO PRISONERS 43 Division 1—Professional and official visitors 43 60 Visits by lawyers to prisoners in prison 43 61 Visits to prisoners awaiting trial 43 62 Visits by police 43 63 Visit by an official visitor 44 Division 2—Contact and residential visiting programmes 44 64 Contact and residential visiting programmes 44 Division 3—Visits to prisoners in hospital 45 65 Visits to prisoners at a hospital or other medical facility 45 Division 4—Conditions of visits 46 66 Information to be given by a visitor 46 67 Compliance with terms of visit 46 68 Refusal of entry 48 PART 6—SEARCH, SEIZURE AND TESTING 49 Division 1—Search of prisoners 49 69 Strip searches at prisons 49 70 Random searches 51 -- 3 of 88 -- Regulation Page iv Division 2—Searches of persons other than prisoners 52 71 Searches of persons other than prisoners 52 Division 3—Concealing or leaving articles 55 72 Concealing or leaving articles 55 Division 4—Seizure 55 73 Record of seized articles 55 74 Dealing with seized articles or substances 56 Division 5—Testing of substances 57 75 Taking of samples of drugs and alcohol 57 76 Analysis of sample 58 77 Breath tests 58 PART 7—EMERGENCY MANAGEMENT DAYS 60 78 Emergency management days 60 PART 8—RELEASE FROM PRISON 61 Division 1—Discharge procedures 61 79 Notice of discharge 61 80 Property of a prisoner 61 Division 2—Adult Parole Board 61 81 Procedure 61 Division 3—Parole 62 82 Parole eligibility date 62 83 Parole order 62 84 Release on parole 63 85 Person on parole attending a location 63 86 Variation, cancellation or revocation of a parole order 64 87 Warrant under section 77(6)(a) 65 88 Reception into prison of person on parole 66 PART 9—COMMUNITY BASED CORRECTIONS 67 Division 1—Definitions 67 89 Definitions 67 Division 2—Community work 67 90 Community work 67 -- 4 of 88 -- Regulation Page v Division 3—Offences 67 91 Offences by offenders participating in community corrections programmes 67 Division 4—Search and seizure 69 92 Searches 69 93 Register of seized articles or substances 70 94 Dealing with seized articles or substances 71 Division 5—Offender's property 72 95 Purchase of offender's property 72 PART 10—EXEMPTIONS 73 96 Exemptions for emergency 73 __________________ SCHEDULES 74 SCHEDULE 1—Revocations 74 SCHEDULE 2—Order to bring a prisoner before a court or coroner 75 SCHEDULE 3—Certificate of analyst 77 SCHEDULE 4 78 Form 1—Parole Order 78 Form 2—Declaration by person granted parole 79 SCHEDULE 5 80 Form 1—Notice of Variation of Parole Order 80 Form 2—Declaration 81 SCHEDULE 6—Revocation or cancellation of a parole order 82 SCHEDULE 7—Warrant for apprehension and return to prison 83 ═══════════════ -- 5 of 88 -- 1 STATUTORY RULES 2009 S.R. No. 40/2009 Corrections Act 1986 Corrections Regulations 2009 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 28 April 2009 Responsible Minister: BOB CAMERON Minister for Corrections RYAN HEATH Clerk of the Executive Council PART 1—PRELIMINARY 1 Objectives The objectives of these Regulations are— (a) to provide for the management, administration and security of prisons and locations; and (b) to provide for the welfare of prisoners and offenders; and (c) to prescribe various forms and procedures and other matters authorised by the Corrections Act 1986. 2 Authorising provisions These Regulations are made under sections 112 and 112A of the Corrections Act 1986. -- 6 of 88 -- Part 1—Preliminary Corrections Regulations 2009 S.R. No. 40/2009 2 3 Commencement These Regulations come into operation on 10 May 2009. 4 Revocation The Regulations listed in Schedule 1 are revoked. 5 Definitions (1) In these Regulations— Commissioner means the Commissioner appointed under section 8A of the Act; drug of dependence has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981; explosive substance has the same meaning as in section 317 of the Crimes Act 1958; garment search means a search of any article of clothing worn by a person or in the person's possession, where the article of clothing is touched or removed from the person's body; high security, in relation to a prisoner, means classification of the prisoner as a very high risk to prison security, the community or to himself or herself or any other person; maximum security, in relation to a prisoner, means classification of the prisoner as a high risk to prison security, the community or to himself or herself or any other person; medium security, in relation to a prisoner, means classification of the prisoner as a moderate risk to prison security, the community or to himself or herself or any other person; r. 3 -- 7 of 88 -- Part 1—Preliminary Corrections Regulations 2009 S.R. No. 40/2009 3 minimum security, in relation to a prisoner, means classification of the prisoner as a low risk to prison security, the community or to himself or herself or any other person; officer, unless otherwise stated, means a person defined as an officer in section 14 or 85 of the Act; pat-down search means a search of a person where the person's clothed body is touched; prisoner trust account means the trust account established by the Commissioner to hold money on behalf of prisoners; scanning search means a search of a person, or of the property of a person, using an electronic or other device, where the person is not touched; strip search means a search of a person that requires— (a) the person to remove any or all of the person's clothing; and (b) an examination of the person's body and of that clothing— but does not require the person to be touched by the person or persons conducting the search. the Act means the Corrections Act 1986; unauthorised substance or article means an article or substance specified in regulation 33(2). (2) The powers and functions of a Governor under these Regulations only apply in respect of the prison, prisoners and officers under that Governor's management and direction. r. 4 -- 8 of 88 -- Part 1—Preliminary Corrections Regulations 2009 S.R. No. 40/2009 4 (3) The powers and functions of a Regional Manager only apply in respect of community corrections centres and locations, offenders and officers under that Regional Manager's management and direction. __________________ r. 4 -- 9 of 88 -- Part 2—Officers Corrections Regulations 2009 S.R. No. 40/2009 5 PART 2—OFFICERS 6 Conduct of all officers (1) An officer must disclose to the Governor of a prison or a Regional Manager at the time they occur— (a) any criminal charges laid by police against the officer; and (b) any finding of a court in relation to those charges; and (c) any penalty imposed on that officer in relation to those charges. (2) The Governor or Regional Manager, within 24 hours of an officer disclosing one of the matters referred to in subregulation (1), must— (a) inform the Secretary of the disclosure; and (b) advise the Secretary of the possible impact on the management or security of the prison or location having regard to the seriousness of the charges. (3) Any uniform or equipment provided to an officer by the Secretary remains the property of the Crown. (4) The Secretary may publish a code of conduct for officers. (5) An officer must comply with any code of conduct published under subregulation (4). 7 Officers under sections 14(f) and 85(e) of the Act For the purposes of sections 14(f) and 85(e) of the Act, the prescribed class of persons are psychiatrists, medical practitioners, dentists, nurses and health workers, whether or not r. 6 -- 10 of 88 -- Part 2—Officers Corrections Regulations 2009 S.R. No. 40/2009 6 employed by the Government or a government agency. __________________ r. 7 -- 11 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 7 PART 3—MANAGEMENT AND SECURITY Division 1—Firearms 8 Issue of firearms A Governor or the Secretary may only authorise the issue of a firearm to an escort officer in the following circumstances— (a) when the escort officer is undertaking duties as an armed escort for high security prisoners or maximum security prisoners; (b) when the escort officer is undertaking patrols outside prisons where high security or maximum security prisoners are kept; (c) when the escort officer is undertaking duties at posts specified by the Governor at prisons where high security or maximum security prisoners are kept and at the times when prisoners are locked in cells; (d) when the escort officer is undertaking firearms training under the direction of an approved instructor; (e) at all times in cases of emergency; (f) where the Governor or Secretary reasonably believes that a firearm is necessary for the security or good order of the prison or for the safety of a prisoner, escort officer or other persons. Note Escort officer has the same meaning as given in section 3(1) of the Act. r. 8 -- 12 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 8 9 Unauthorised removal of firearms etc. An escort officer acting in the course of his or her duties must not remove a firearm or ammunition from a prison unless authorised by the Governor to do so. Penalty: 10 penalty units. 10 Discharge of firearms (1) If a prisoner escapes or attempts to escape from custody, an escort officer may discharge a firearm at the prisoner if the escort officer believes on reasonable grounds that it is the only practicable way to prevent the escape of the prisoner from custody. (2) An escort officer may discharge a firearm at a person whom he or she reasonably believes to be aiding a prisoner in escaping or attempting to escape from custody if the escort officer believes on reasonable grounds that it is the only practicable way to prevent the escape of the prisoner from custody. (3) An escort officer may discharge a firearm at a person if the person is using force or threatening force against— (a) another person in the prison; or (b) an officer within the meaning of Part 5 of the Act (including the escort officer carrying the firearm) acting in the execution of his or her duties outside a prison; or (c) a prisoner outside a prison— and the escort officer reasonably believes that shooting at the person using or threatening force is the only practicable way to prevent the person causing death or serious injury. r. 9 -- 13 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 9 (4) Before discharging a firearm at a person, the escort officer must— (a) if it is practicable to do so, give an oral warning to the effect that the person will be shot at if he or she does not stop escaping, attempting to escape or using or threatening force (as the case may be); and (b) satisfy himself or herself that shooting at the person does not create an unnecessary risk to any other person. Division 2—Dogs 11 Approved dogs For the purposes of section 27(3) of the Act, a dog is an approved dog if it has completed a training programme approved by the Secretary in the previous 12 months. 12 Use of dogs A prison officer or an escort officer must not use a dog in a prison to assist him or her in performing one or more of the activities in section 27(1) of the Act unless the dog is an approved dog. Division 3—Restraint 13 Prescription of instruments of restraint and their manner of use (1) A prison officer or an escort officer may apply an instrument of restraint to a prisoner only if the Governor believes on reasonable grounds that the instrument of restraint is necessary. (2) A prisoner must not be kept under restraint longer than is necessary. r. 11 -- 14 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 10 (3) If the immediate safety of a prisoner or the security of the prison is threatened, a prison officer or an escort officer may apply an instrument of restraint to a prisoner if the officer believes on reasonable grounds that it is necessary. (4) Subject to this Division, a prison officer or escort officer may restrain a prisoner by using any of the following instruments of restraint— (a) handcuffs; (b) arm restraints; (c) leg restraints; (d) belts which restrain parts of the body. (5) An instrument of restraint must be used— (a) as directed by the Governor; and (b) in the manner approved by the Commissioner. 14 Use of restraint for lengthy period (1) The Governor must advise the Secretary immediately if an instrument of restraint is applied to a prisoner— (a) for a continuous period of more than 18 hours; or (b) for a cumulative period of 36 hours in any 96 hour period. (2) The Secretary may order the removal of the instrument of restraint at any time. 15 Use of restraint during transport (1) A prison officer or an escort officer may apply an instrument of restraint to a prisoner for the duration of a transfer of the prisoner under escort from one place to another if the Governor believes r. 14 -- 15 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 11 on reasonable grounds that the application of the instrument of restraint is necessary to prevent the escape of the prisoner or the assault of, or injury to, any person. (2) A prison officer or an escort officer may apply an instrument or an additional instrument of restraint to a prisoner during a transfer of the prisoner under escort from one place to another if the prisoner's conduct during transfer has been such that it is reasonable to believe that the application of the instrument of restraint is necessary to prevent the escape of the prisoner or the assault of, or injury to, any person. (3) A transfer of a prisoner from one place to another referred to in subregulations (1) and (2) includes a prisoner moving from one area of a prison to another area of a prison. 16 Report to Governor by prison officer Except when a prison officer or an escort officer has applied handcuffs to a prisoner under escort as directed by the Governor, the officer must report to the Governor the use of an instrument of restraint on a prisoner as soon as possible after the instrument is applied to the prisoner. Division 4—Control of communication 17 Control of letters and parcels (1) In this regulation— (a) a letter includes a facsimile; (b) a parcel includes any contents contained in or associated with a parcel, whether or not the parcel is accompanied or associated with a letter. r. 16 -- 16 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 12 (2) If the Governor reasonably suspects that any parcel to, or from, a prisoner contains an unauthorised article or substance that could pose an immediate danger to any person, the Governor may dispose of the parcel in any manner he or she considers to be appropriate. (3) Subject to subregulation (2), this regulation does not apply to parcels exchanged between a prisoner and— (a) the Ombudsman or the Ombudsman's officers; or (b) the Director Police Integrity or Office of Police Integrity officers. (4) Subject to subregulation (2), if the Governor reasonably suspects that any unauthorised article or substance is contained in a parcel to, or from, a lawyer, the Victorian Privacy Commissioner, the Health Services Commissioner, the Human Rights Commissioner, the Victorian Equal Opportunity and Human Rights Commission, or any person authorised to act on their behalf, the Governor— (a) may hold the parcel and notify the prisoner and the lawyer, or the relevant Commissioner, of his or her suspicions; and (b) may inspect the parcel— (i) in the presence of the prisoner and a representative of the lawyer or relevant Commissioner; or (ii) in accordance with any alternative arrangement agreed with the lawyer or relevant Commissioner. r. 17 -- 17 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 13 (5) If the Governor has not received a response from the relevant Commissioner or lawyer within 7 days after notice is given under subregulation (4), the Governor may require the prisoner to open the parcel to enable the Governor to inspect it. (6) Subject to subregulation (2), if the Governor reasonably suspects that any unauthorised article or substance is contained in a parcel to, or from, a Minister, a member of Parliament, the Secretary, the Commissioner, an official visitor or a lawyer, the Governor may require a prisoner to open a parcel in the presence of an officer for the officer's inspection. (7) A parcel referred to in subregulations (5) and (6) may be inspected by an officer but the officer must not read or censor any letter associated with the parcel. (8) If a prisoner refuses to open a parcel referred to in subregulation (6), the Governor may open the parcel. (9) Subject to subregulations (3), (4) and (6), the Governor may inspect and stop a parcel if the Governor reasonably believes that a parcel to be sent by a prisoner to, or sent to a prisoner by, any person— (a) is a threat to prison security; or (b) may be of a threatening or harassing nature; or (c) may be used to further an unlawful activity or purpose; or (d) contains indecent, abusive, threatening or offensive written or pictorial matter, or written or pictorial matter that may be regarded by a victim as distressing or traumatic, or an indecent, obscene or offensive article or substance. r. 17 -- 18 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 14 18 Register of letters and parcels (1) Each Governor must establish and maintain a register containing— (a) details of— (i) every letter read, censored or stopped under section 47D of the Act; and (ii) every parcel inspected under regulation 17; and (b) the reason for the reading, censoring or inspection; and (c) details of any unauthorised substance or article found in the letter or parcel; and (d) details of any subsequent action taken. (2) If a letter or parcel sent by a prisoner is censored, the Governor must notify the prisoner who sent the letter or parcel and give him or her details of the parts censored. 19 Restrictions of communications during emergency Despite anything to the contrary in these Regulations, a Governor may, during an emergency resulting in a substantial disruption or disturbance within the prison— (a) restrict or prohibit telephone communication between a prisoner and any other person; or (b) restrict or prohibit any written communication between a prisoner and any other person, except the Ombudsman, the Ombudsman's officers, the Minister, the Secretary, the Commissioner, the Governor or an official visitor. r. 18 -- 19 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 15 Division 5—Leave of absence to attend court or a hearing 20 Absence to attend court or a hearing (1) If a court or coroner so orders, a prisoner may be removed from a prison and brought before the court or coroner to answer a charge or give evidence in a civil or criminal proceeding. (2) An order for the removal of a prisoner under subregulation (1) must be in the form of Schedule 2. (3) The notice in Schedule 2 must be completed by the person in charge of the prison from which the prisoner is removed. (4) While a prisoner who is ordered to be brought before a court or coroner is absent from a prison, the prisoner is in the legal custody of the person or persons having custody of the prisoner under the order made under subregulation (1). (5) The person who has custody of a prisoner under subregulation (4) must return the prisoner to the prison from which the prisoner was removed unless the prisoner is discharged by process of law in respect of all matters requiring the prisoner's detention or is released on bail. (6) This regulation does not apply when a prisoner who is required to appear before a court is directed by the court to make his or her appearance by audio visual link or audio link from a prison under Part IIA of the Evidence Act 1958. 21 Wearing of non-prison clothing (1) A Governor must ensure that a prisoner who is to appear before a court as a party or a witness— (a) is permitted to wear the prisoner's own clothes during the appearance; or r. 20 -- 20 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 16 (b) if the prisoner does not have suitable clothes, is provided with civilian clothes to wear during the appearance. (2) Subregulation (1) is in addition to any right which a prisoner has under section 47(1)(e) of the Act. Division 6—Classification 22 Classification of prisoners (1) A prisoner's classification— (a) includes decisions about a prisoner's security rating, placement and sentence plan; and (b) may include reasons for decisions made under paragraph (a), directions as to future placement reviews and conditions applicable to the decision. (2) Subject to this Division, a prisoner may be given one of the following security ratings— (a) high security; (b) maximum security; (c) medium security; (d) minimum security. 23 Sentence management panels (1) There are to be one or more sentence management panels to carry out the functions of— (a) prisoner classification; (b) developing a sentence plan for each prisoner; and (c) determining the placement of each prisoner. (2) The Secretary may set rules for the composition of the panels as he or she thinks necessary for the proper functioning of the panels. r. 22 -- 21 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 17 (3) The Secretary may appoint members to the sentence management panels and may determine the terms and conditions of appointment. (4) The panels must— (a) meet with such frequency as is determined by the Secretary; and (b) conduct their procedures as determined by the Secretary; and (c) establish and maintain the records determined by the Secretary. 24 Review and assessment committees (1) In each prison there is to be one or more review and assessment committee to carry out the functions of— (a) overseeing the case management of prisoners; and (b) reviewing prisoners' classification; and (c) considering prisoners' access to programmes; and (d) monitoring prisoners' welfare. (2) Subject to any rules determined by the Secretary, a review and assessment committee may vary the classification of a prisoner or make recommendations to a sentence management panel regarding the classification of a prisoner. (3) The Secretary may set rules for composition of review and assessment committees as he or she thinks necessary for the proper functioning of the committees. (4) The Secretary may appoint members to the review and assessment committees and may determine the terms and conditions of appointment. r. 24 -- 22 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 18 (5) Review and assessment committees must— (a) meet with such frequency as is determined by the Secretary; and (b) conduct their procedures as determined by the Secretary; and (c) establish and maintain the records determined by the Secretary. (6) A sentence management panel may at any time vary the classification of a prisoner by a review and assessment committee. 25 Determination of classification When determining or varying a prisoner's classification, a sentence management panel or a review and assessment committee must consider the risk the prisoner presents to prison security, the community, himself, herself or any other person, having regard to any one or more of the following— (a) the nature of the offence for which the prisoner has been charged or convicted; (b) the risk of the prisoner escaping, or attempting to escape, from custody; (c) the risk of the prisoner committing a further offence and the impact the commission of the further offence is likely to have on the community; (d) any risk the prisoner poses to prison management, security and good order; (e) any risk the prisoner poses to the welfare of himself or herself and any other person; (f) the length of the prisoner's sentence or, if the prisoner is awaiting trial, the maximum sentence applicable to the offences in respect of which the prisoner has been charged; r. 25 -- 23 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 19 (g) any other matter considered relevant to prison management, security and good order and the safe custody and welfare of the prisoner. Division 7—Placement 26 Determination of placement When determining or varying a prisoner's placement and developing a sentence plan, a sentence management panel may consider and assess the following factors— (a) the prisoner's security rating and relevant risk factors, including sentence length, and risk of escape; (b) the programmes and other processes the prisoner requires to lower the risk of committing a further offence; (c) any risk the prisoner poses to the welfare of himself or herself or any other person; (d) any drug and alcohol use and treatment; (e) any prison or other relevant institution history; (f) any medical or psychiatric condition; (g) any physical limitations or disability; (h) cultural background; (i) any relevant family issues; (j) where known, any sentencing remarks; (k) any transitional requirements for the prisoner to re-enter the community, if appropriate; (l) any other matter considered relevant to prison management, security and good order and the safe custody and welfare of the prisoner. r. 26 -- 24 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 20 Division 8―Separation 27 Separation by the Secretary (1) If reasonable for the safety or protection of the prisoner or other persons, or the security, good order or management of the prison, the Secretary may, in writing, order the separation of a prisoner from other prisoners. (2) The amount of time a prisoner is separated must not be longer than is necessary to achieve the purposes set out in subregulation (1). (3) The requirement in subregulation (1) that a separation order be in writing does not apply if the separation of a prisoner from other prisoners is, in the opinion of the Secretary, required urgently. (4) If an oral separation order is made under subregulation (3), the order must be confirmed in writing within 12 hours where practicable but not exceeding 24 hours. (5) Before making a separation order, the secretary must consider the medical and psychiatric condition of the prisoner. (6) The prisoner must be advised of the reasons for the separation and given a copy of the separation order. (7) Unless extended by a new order, a separation order ceases— (i) on expiry of the order; or (ii) when the prisoner is classified by a sentence management panel; or (iii) when cancelled by the Secretary. r. 27 -- 25 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 21 Division 9—Prisoners' money 28 Prisoner trust account (1) Each Governor must ensure that money belonging to a prisoner or received on behalf of the prisoner, including money payable to a prisoner as a gratuity or remuneration for work done or for alternative attendance at a prison educational, treatment or rehabilitation programme is paid into the prisoner trust account and is held in that account on behalf of the prisoner. (2) A prisoner is not entitled to receive interest on money in the prisoner trust account. 29 Regulation of prisoners' money (1) The Governor must ensure that a record is kept of all money— (a) held on behalf of each prisoner in the prisoner trust account, including details of all transactions involving that money; and (b) credited to each prisoner as remuneration for work done by the prisoner in a prison industry or for participation in educational programmes or as a gratuity. (2) Once a month a prisoner may request to see statements showing— (a) all transactions involving the money held on behalf of the prisoner in the prisoner trust account; and (b) details of amounts credited to the prisoner as remuneration for work done by the prisoner in a prison industry or for participation in educational, treatment or rehabilitation programmes or as a gratuity. (3) The Governor must accede as soon as possible to the prisoner's request under subregulation (2). r. 28 -- 26 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 22 (4) The Commissioner may determine the maximum amount that may be credited to the prisoner trust account and held on behalf of a prisoner each calendar month. (5) In exceptional circumstances, the Governor may approve the receipt of additional money for a prisoner from private funds above the amount determined under subregulation (4) for approved purchases as described in regulation 30. (6) There is no maximum limit on how much money may be held on behalf of a prisoner in the prisoner trust account. (7) If, apart from this regulation, a prisoner is entitled to receive or be credited with an amount that, if it were credited to or debited from the prisoner trust account in respect of a prisoner, would result in the amount credited to or debited from that account exceeding any maximum amount determined under subregulation (4), the prisoner's entitlement to receive or be credited with that amount is not affected by subregulation (4). 30 Expenditure of prisoner's money (1) A prisoner may spend money held on his or her behalf in the prisoner trust account to— (a) buy personal items including toiletries, food, confectionery and stationery; and (b) make telephone calls; and (c) make payments to the prisoner's family members or government agencies; and (d) buy or pay for other items approved by the Governor. (2) In addition to subregulation (1), the Governor, on receiving a request for a specified purpose from a prisoner to spend or transfer a specified amount of money from the amount held on behalf of the r. 30 -- 27 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 23 prisoner in the prisoner trust account, may authorise the expenditure or transfer. (3) The Governor must not authorise the transfer of money from the amount held on behalf of a prisoner in the prisoner trust account to the credit of another prisoner. (4) The Governor may deduct an amount of money from the amount held on behalf of the prisoner in the prisoner's trust account of not more than the cost of replacement or repair of property damaged or lost as a result of a negligent or wilful act or omission of the prisoner. (5) The Governor must report to the Secretary— (a) each deduction made under subregulation (4); (b) the circumstances of each deduction; and (c) how the amount of each deduction was established. 31 Prisoner savings (1) The Governor of a prison must retain 20 per cent of remuneration paid to a prisoner for work done in prison industries or for participation in alternative educational, treatment or rehabilitation programmes on behalf of the prisoner in the prisoner trust account until the prisoner is released from prison. (2) A prisoner may apply to the Governor for some, or all, of the portion of remuneration that is retained in accordance with subregulation (1) to be paid to a relative or person appointed under a power of attorney at any time prior to his or her release from prison, or used to assist in the prisoner's transition into the community. r. 31 -- 28 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 24 (3) The Governor may authorise the expenditure of money referred to in subregulation (2) after considering— (a) the welfare of the prisoner; and (b) the prisoner's sentence; and (c) the money he or she might require upon release from prison. (4) Before the prisoner is released, the Governor may deduct from the money retained in accordance with subregulation (1)— (a) any fine imposed under section 53 of the Act; or (b) any money required to be paid by the prisoner under regulation 30. Division 10—Property of prisoners 32 Bringing property into prison (1) A person bringing into a prison any property belonging to a prisoner or as a gift to a prisoner must surrender that property to a prison officer for inspection. (2) A prison officer to whom property is surrendered must— (a) deal with the property in accordance with any applicable provision of these Regulations; or (b) if the Act or these Regulations prohibit the property being given to the prisoner, return the property to the person on the person leaving the prison. r. 32 -- 29 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 25 (3) Subject to subregulation (2), the Governor must ensure that a prisoner who can keep any property referred to in subregulation (1) receives the property as soon as possible. 33 Entry of property (1) For the purposes of the management, good order and security of a prison, entry of the following unauthorised substances or articles to a prison is prohibited— (a) weapons; (b) drugs of dependence; (c) explosive substances or devices; (d) flammable liquids; (e) alcohol; (f) tattooing equipment; (g) aerosol pressure spray cans; (h) equipment that may aid an escape; (i) all publications, films and computer games, except those classified as unrestricted or general under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth; (j) cameras or other photographic devices; (k) mobile telephones; (l) portable digital media players; (m) USB storage devices; (n) any other substance or article which may threaten the safety or security of the prison. (2) Despite subregulation (1), the Governor may approve the entry of an unauthorised substance or article if, in the opinion of the Governor, the substance or article will not threaten the r. 33 -- 30 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 26 management, good order and security of the prison. (3) For the purposes of the management, good order and security of a prison, the Governor may refuse the entry of the following controlled articles or substances to the prison― (a) currency; (b) tools; (c) pens and highlighters; (d) needles and syringes; (e) computer software and hardware, including computer peripherals; (f) optical disk storage media; (g) medication not prescribed by a prescribed class of person. 34 Storage of prisoner's property (1) Each Governor must ensure that a prisoner's property is stored in a secure location that is not accessible to prisoners. (2) Each Governor must maintain an inventory of each prisoner's property. (3) Despite subregulation (1), a prisoner may keep in the prisoner's cell the articles of the prisoner's property authorised by the Secretary or by the Governor. (4) The Secretary may set the maximum value of any property that is allowed to be stored on behalf of a prisoner under subregulation (1). (5) The Governor may refuse to store any property belonging to a prisoner if its value exceeds the value set by the Secretary under subregulation (4). r. 34 -- 31 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 27 35 Refusal to store prisoner's property (1) In addition to regulation 34(5), a Governor may, at any time, refuse to store an item of a prisoner's property. (2) If a Governor refuses to store an item of a prisoner's property the Governor must ensure that— (a) the prisoner is advised in writing that the item cannot be stored in the prison and is required to make arrangements to remove the item within a specified time; and (b) if the prisoner does not make arrangements to remove the item within a specified time, the item is disposed of; and (c) the disposal or other dealing with the property is recorded in the inventory of that prisoner's property. (3) The Governor must pay into the prisoner trust account on behalf of the prisoner any money received on the disposal of, or dealing with, the prisoner's property under subregulation (2). (4) The Governor may deduct from any money required to be paid under subregulation (3) an amount that is no more than the cost of disposing of, or dealing with, the prisoner's property, under subregulation (2). (5) A prisoner may apply to the Governor that an item of his or her property not be disposed of under this regulation if the prisoner gives reasonable grounds that he or she is unable to make arrangements to remove the property within the specified time referred to under subregulation (2)(a). r. 35 -- 32 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 28 (6) The Governor, on receiving a request referred to in subregulation (5), may authorise the storage of an item of a prisoner's property for a specified time not exceeding 3 months. 36 Dealing with a prisoner's property (1) The Governor may issue to the prisoner, or to a person nominated in writing by the prisoner to receive property on the prisoner's behalf, all or part of the prisoner's property. (2) The Governor must not issue any of a prisoner's property to a person receiving that property on behalf of that prisoner unless that person signs a receipt acknowledging delivery of that property. (3) A Governor must ensure that any of a prisoner's property found in a prison that the Secretary has forbidden to be kept in a prison is seized and dealt with according to regulation 74. 37 Transfer of prisoner's property (1) The Secretary may determine the amount of a prisoner's property that may be transferred with the prisoner from one prison to another. (2) If any of a prisoner's property is not to be transferred with the prisoner because the amount referred to in subregulation (1) has been exceeded, the Governor of the prison where the property is held must ensure— (a) that the prisoner is advised in writing that the property cannot be transferred and that the prisoner is required to make arrangements to remove the property within a specified time; and (b) if the prisoner does not make arrangements to remove the property within a specified time, that the property is disposed of; and r. 36 -- 33 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 29 (c) that the disposal or other dealing with the property is recorded in the inventory of that prisoner's property. (3) The Governor must pay into the prisoner trust account on behalf of the prisoner any money received on the disposal of, or dealing with, the prisoner's property under subregulation (2). (4) The Governor may deduct from any money required to be paid under subregulation (3) an amount that is no more than the cost of disposing of, or dealing with, the prisoner's property, under subregulation (2)(b). 38 Giving or selling of prisoner's property (1) Except as authorised by the Act or these Regulations, a prisoner must not give or sell any of the prisoner's property to another prisoner. (2) Except as authorised by the Act or these Regulations, a prisoner's property must not be received or bought by another prisoner or a prison officer. (3) In this regulation, officer means an officer under Part 5 or Part 9 of the Act. 39 Deceased prisoner's personal effects (1) Upon completion of a coroner's inquest into the death of a prisoner, the Governor must arrange for the prisoner's personal effects and any money standing to the credit of the prisoner in the prisoner trust account to be delivered to the executor or administrator of the deceased prisoner's estate. (2) At any time before a coroner's inquest into a prisoner's death is completed, the Governor may at the request of the executor or administrator of the deceased's prisoner's estate deliver the prisoner's personal effects and any money r. 38 -- 34 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 30 standing to the credit of the prisoner in the prisoner trust account to the executor or administrator. Division 11—Work and remuneration 40 Remuneration (1) Unless a prisoner is working in an essential work programme determined by the Governor, a prisoner must be paid up to a maximum of 30 hours per week— (a) for work done by the prisoner in a prison industry; and (b) for participation in educational, treatment and rehabilitation programmes. (2) A prisoner must be paid a minimum rate if the prisoner is— (a) on remand; or (b) in police custody; or (c) unable to work due to illness, disability or age. (3) If a prisoner refuses to work, or is dismissed from work, that prisoner is not entitled to be paid, but must be supplied with essential toiletries. Note Essential toiletries include soap, toothpaste and, for women, sanitary products. (4) The Secretary must determine the rates of remuneration to be paid to prisoners under subregulations (1) and (2), having regard to― (a) the cost of items in regulation 30(1)(a) and (b); and (b) the payments made to prisoners in other Australian jurisdictions. r. 40 -- 35 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 31 (5) The Secretary must annually review the minimum levels of remuneration determined under subregulation (4). 41 Dismissal from work (1) A Governor may dismiss from work a prisoner who–– (a) is consistently idle or disruptive; or (b) is charged with a prison offence where the offence alleged prevents or impacts on the prisoner participating in work. (2) A Governor may dismiss from work a prisoner who is an unsatisfactory worker. Division 12—Prisoner privileges 42 Prisoner privileges (1) Annually, the Commissioner must submit to the Secretary, for the Secretary's approval, a list of prisoner privileges to operate in the prisons for all prisoners on general or special classifications. (2) The Secretary may approve or refuse to approve the list submitted under subregulation (1), or approve it with changes and may, at any time, delete from or add to the list of prisoner privileges to operate in a prison. (3) The privileges for the time being appearing in a list approved under this regulation are the privileges determined for the prison. Division 13—Children of prisoners 43 Temporary placement of prisoner's children (1) This regulation applies if a prisoner requests that his or her child be permitted to live with him or her in the prison under section 31 of the Act. r. 41 -- 36 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 32 (2) Pending the determination of the request, the Secretary may permit the prisoner's child to live with the prisoner in the prison. (3) The Secretary may revoke his or her permission under subregulation (2) at any time. (4) Subject to the management, security and good order of the prison and the safe custody and welfare of the prisoners, the prisoner is responsible for the safety and care of his or her child while the child lives in the prison if the child is permitted to live in the prison under this regulation. 44 Placement of prisoner's children (1) A request by a prisoner under section 31 of the Act must be made in writing. (2) The Secretary must— (a) ensure that a written report of his or her assessment of any request made under section 31 of the Act is made; and (b) ensure that a copy of the report is sent to the relevant Governor; and (c) advise the prisoner, in writing, whether the request under subregulation (1) has been permitted. 45 Review of placement The Secretary must review at least annually the case of each child of a prisoner living in a prison to assess whether the continued placement of the child is in the child's best interest and in the interest of prison security and must give the Governor any directions that are necessary because of the assessment. r. 44 -- 37 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 33 46 Record of children living in prison A Governor must— (a) keep a record of all children of prisoners living in the prison; and (b) provide a copy of all records referred to in paragraph (a) to the Secretary; and (c) report to the Secretary any accident or injury involving a child of a prisoner living in the prison. 47 Restrictions on children A Governor may restrict the movement about a prison of a child of a prisoner living in the prison if the Governor considers the restriction necessary to maintain the good order and security of the prison and to ensure the safety of the child. Division 14—Custodial community permits 48 Issue of permit The Secretary may issue a custodial community permit if he or she is satisfied that— (a) the purpose for which the application is made is a purpose under section 57(1) of the Act; and (b) adequate consideration has been given to the safety and welfare of the prisoner and members of the public; and (c) facilities exist for the provision of adequate and suitable escort and transport where necessary. r. 46 -- 38 of 88 -- Part 3—Management and Security Corrections Regulations 2009 S.R. No. 40/2009 34 49 Conditions of permit In addition to any condition stated in a custodial community permit issued by the Secretary, the permit is subject to the conditions that— (a) the prisoner is to be of good behaviour; and (b) the prisoner must not consume alcohol; and (c) the prisoner must comply with all lawful orders given by an escorting or supervising officer; and (d) the prisoner may be returned to the prison if the escorting or supervising officer reasonably believes that there has been a breach of the permit or failure to comply with an order or direction given by the officer; and (e) a copy of the custodial community permit is to be retained by the prisoner when unescorted for the duration of the permit period; and (f) the prisoner must not use non-prescribed drugs; and (g) the prisoner must comply with all times of attendance as stated in the permit. _____________ r. 49 -- 39 of 88 -- Part 4—Prison Discipline Corrections Regulations 2009 S.R. No. 40/2009 35 PART 4—PRISON DISCIPLINE Division 1—General 50 Prison offences (1) A prisoner must not— (a) assault or threaten another person; or (b) act in a disruptive, abusive, offensive, racist, discriminatory or indecent manner, whether by language or conduct; or (c) engage in gambling; or (d) traffic in unauthorised articles or substances; or (e) have in his or her possession an article or substance, unless the article or substance— (i) has been issued or authorised by an officer, or (ii) has been prescribed by a medical officer, medical practitioner or dentist, or (iii) is permitted under the Act or these Regulations; or (f) take or use alcohol, a drug of dependence or possess an unauthorised substance or article that has not been lawfully issued to the prisoner or take or use alcohol or a drug of dependence lawfully issued in a manner that was not prescribed or authorised; or (g) smoke tobacco or any other substance in an area not approved by the Governor; or (h) misuse telephones to threaten people receiving the calls or to speak to people who are not approved by the Governor; or r. 50 -- 40 of 88 -- Part 4—Prison Discipline Corrections Regulations 2009 S.R. No. 40/2009 36 (i) use communication devices, including radios and mobile telephones, which are not approved by the Governor; or (j) misuse computers or other electronic equipment accessed by installing, using or possessing hardware, programmes, software or other material which are not approved by the Commissioner; or (k) send a letter or parcel if the letter or parcel— (i) is a threat to prison security; or (ii) may be of a threatening nature; or (iii) may be used to further an unlawful activity or purpose; or (iv) contains indecent, abusive, threatening or offensive written or pictorial material, or material which a victim may regard as distressing or traumatic; or (v) contains an indecent, obscene or offensive article or substance; or (l) receive a letter or parcel where the prisoner knows that the letter or parcel— (i) is a threat to prison security; or (ii) may be of a threatening nature; or (iii) may be used to further an unlawful activity or purpose; or (iv) contains indecent, abusive, threatening or offensive written or pictorial material, or material which a victim may regard as distressing or traumatic; or r. 50 -- 41 of 88 -- Part 4—Prison Discipline Corrections Regulations 2009 S.R. No. 40/2009 37 (v) contains an indecent, obscene, offensive or unauthorised article or substance; or (m) act in a way which is detrimental to or threatens prison property; or (n) without the direction or permission of an officer— (i) be in a place where he or she is not permitted to be; or (ii) leave the place where he or she is required to be; or (o) work in a careless or negligent way; or (p) disobey a lawful order, direction or instruction of an officer; or (q) fail to comply with a direction under section 29A of the Act; or (r) in relation to tests conducted under section 29A of the Act— (i) interfere with a test or sample; or (ii) adulterate or substitute a sample; or (s) give, sell or receive any of a prisoner's property to another prisoner; or (t) damage another prisoner's property; or (u) commit an act or omission that is contrary to the security or safety of the prison or the prisoners; or (v) attempt any of the above. (2) A prisoner contravenes subregulation (1)(q) if he or she has not provided a sample of his or her urine within 3 hours of being directed to do so under section 29A of the Act. r. 50 -- 42 of 88 -- Part 4—Prison Discipline Corrections Regulations 2009 S.R. No. 40/2009 38 Division 2—Governor's hearing 51 Conduct of disciplinary officers Before being satisfied that a prison offence has occurred for which it is appropriate to charge a prisoner, the disciplinary officer, in investigating the alleged offence, must— (a) review all reports; and (b) interview relevant staff; and (c) seek additional evidence, if necessary; and (d) interview the prisoner, putting the allegation and recording the response; and (e) check any relevant prison registers; and (f) consider any special needs or circumstances of the prisoner. 52 Conduct of Governor's hearing In conducting a Governor's hearing, the Governor— (a) in addition to ensuring that the hearing is conducted in accordance with the Act, must ensure that it is also conducted in accordance with this Division; (b) must ensure that the proceedings are conducted with as little formality and technicality and as expeditiously as the requirements of the Act and these Regulations and a proper consideration of the matters before the Governor's hearing permit; and (c) is not bound by the rules of evidence but may be informed on any matter in such manner as the Governor thinks appropriate. r. 51 -- 43 of 88 -- Part 4—Prison Discipline Corrections Regulations 2009 S.R. No. 40/2009 39 53 Prisoner must be given details of the charge and hearing procedure A Governor who is required to give a prisoner a notice under section 53(1) of the Act of the time, date and place of the hearing must also, on giving notice, give the prisoner written advice of— (a) the charge; and (b) the procedure of a Governor's hearing. 54 Preliminary steps if prisoner present at the hearing (1) If a prisoner charged with a prison offence attends the hearing of the charge— (a) the prisoner must be informed of the procedure for the hearing; and (b) the charge must be read to the prisoner; and (c) the prisoner must be given an opportunity to state his or her plea. (2) The charge must include— (a) the name of the informant; and (b) the details of the place of the alleged contravention; and (c) the details of the relevant provision of the Act or Regulations allegedly contravened. 55 Procedure if prisoner pleads not guilty If the prisoner does not plead guilty— (a) the informant must present evidence to support the charge; and (b) the informant must be given a reasonable opportunity to call relevant witnesses; and (c) the prisoner or the prisoner's representative must be given a reasonable opportunity to cross-examine the informant and the informant's witnesses (if any); and r. 53 -- 44 of 88 -- Part 4—Prison Discipline Corrections Regulations 2009 S.R. No. 40/2009 40 (d) the Governor must decide whether there is sufficient evidence to warrant proceeding with the charge and must dismiss the charge if he or she decides there is insufficient evidence to warrant proceeding with the charge; and (e) if the Governor does not dismiss the charge, the prisoner or the prisoner's representative must be given a reasonable opportunity to present the prisoner's case, including calling relevant witnesses; and (f) the informant must be given a reasonable opportunity to cross-examine the prisoner and the prisoner's witnesses (if any); and (g) if the Governor does not dismiss the charge, he or she must decide whether the prisoner is guilty or not guilty of the prison offence after hearing all the evidence presented in accordance with this regulation; and (h) if the Governor finds the prisoner guilty of the prison offence, the Governor must determine the penalty. 56 Procedure if prisoner pleads guilty If the prisoner pleads guilty, the Governor must— (a) review the circumstances of the case; and (b) consider mitigating factors; and (c) invite the prisoner to make a plea concerning penalty; and (d) determine the penalty. r. 56 -- 45 of 88 -- Part 4—Prison Discipline Corrections Regulations 2009 S.R. No. 40/2009 41 57 Procedure if prisoner not present when charge heard If a prisoner charged with a prison offence does not attend the hearing of the charge— (a) the charge must be read, including— (i) the name of the informant; and (ii) details of the place of the alleged contravention; and (iii) details of the relevant provision of the Act or regulations allegedly contravened; (b) a plea of not guilty must be recorded on behalf of the absent prisoner, following which— (i) the informant must present evidence that notice of the charge was served on the prisoner; and (ii) the informant must present evidence to support the charge; and (iii) the informant must be given a reasonable opportunity to call relevant witnesses; and (iv) the Governor must decide if there is sufficient evidence to warrant proceeding with the charge and must dismiss the charge if he or she decides there is insufficient evidence to warrant proceeding with the charge; and (v) if the Governor does not dismiss the charge, he or she must decide whether the prisoner is guilty or not guilty of the prison offence after hearing all the evidence presented in accordance with this regulation; and r. 57 -- 46 of 88 -- Part 4—Prison Discipline Corrections Regulations 2009 S.R. No. 40/2009 42 (vi) if the Governor finds the prisoner guilty of the prison offence, the Governor must proceed to determine the penalty. 58 Governor may dismiss charge any time after plea recorded Despite regulations 55 to 57, the Governor may dismiss a charge against a prisoner at any time after— (a) the prisoner is given an opportunity to state his or her plea; or (b) a plea of not guilty has been recorded on behalf of the prisoner, if the prisoner did not attend the hearing. 59 Steps to be taken once Governor's decision made After determining the guilt of a prisoner charged with a prison offence, the Governor must— (a) inform the prisoner of the Governor's decision; and (b) record that decision and the penalty imposed (if any) in the form determined by the Secretary; and (c) record the prisoner's admission of guilt (if any) in the form determined by the Secretary; and (d) authorise in writing the payment of any fine imposed under section 53 of the Act out of the amount of money held on behalf of the prisoner in the prisoner trust account; and (e) record the withdrawal (if any) of money under paragraph (d). __________________ r. 58 -- 47 of 88 -- Part 5—Access to Prisoners Corrections Regulations 2009 S.R. No. 40/2009 43 PART 5—ACCESS TO PRISONERS Division 1—Professional and official visitors 60 Visits by lawyers to prisoners in prison (1) A lawyer acting in the course of a lawyer's practice may enter a prison and visit a prisoner between 8.30 a.m. and 3.30 p.m. or at other times authorised by the Governor of a prison. (2) A lawyer visiting a prisoner under these Regulations may exchange legal documents, in a format approved by the Secretary, with the prisoner. (3) The provisions of these Regulations relating to letters and parcels sent to or by prisoners apply to legal documents exchanged under subregulation (2). (4) A prisoner may retain legal documents in the prisoner's possession, subject to reasonable quantity limits imposed by the Governor. 61 Visits to prisoners awaiting trial A prisoner who is in the custody of a prison officer or an escort officer and is at court awaiting trial must be given an opportunity to have access to a lawyer but, in arranging access, the officer having custody of the prisoner must take any action which the officer considers reasonable to protect the lawyer's safety, the safe custody of the prisoner and to make security arrangements in respect of the prisoner. 62 Visits by police A member of the police force may enter a prison and visit a prisoner between 8.00 a.m. and 3.30 p.m. or at other times authorised by the Governor of a prison. r. 60 -- 48 of 88 -- Part 5—Access to Prisoners Corrections Regulations 2009 S.R. No. 40/2009 44 63 Visit by an official visitor (1) A Governor must ensure that prisoners and officers are informed of the time and date of an official visitor's visit to a prison as soon as practicable after the Governor is notified by the official visitor of the official visitor's intention to visit the prison. (2) The Governor must— (a) bring to the attention of the official visitor the names of officers and prisoners who have requested to see the official visitor; and (b) make the necessary arrangements for the official visitor to interview those officers and prisoners. (3) The official visitor may— (a) interview an officer in private; and (b) subject to a direction of the Governor made in the interest of prison security, interview the prisoner out of the hearing, but in the sight, of a prison officer. (4) The Governor must ensure that during an official visit, the official visitor is given access to every part of the prison that is necessary in order for the official visitor to perform the duties of the official visitor. Division 2—Contact and residential visiting programmes 64 Contact and residential visiting programmes (1) The instrument approving a contact visiting programme or a residential visiting programme under section 38 of the Act must specify— r. 63 -- 49 of 88 -- Part 5—Access to Prisoners Corrections Regulations 2009 S.R. No. 40/2009 45 (a) the nature of the programme; and (b) the persons who are eligible to participate in the programme; and (c) the conditions of participation in the programme. (2) If the Secretary approves a contact visiting programme or a residential visiting programme, the Governor must ensure that notices are posted in the prison informing prisoners of the details of the programme. Division 3—Visits to prisoners in hospital 65 Visits to prisoners at a hospital or other medical facility (1) A person, other than a person acting under section 34, 40(1) or 41(1) of the Act or who is required to visit the prisoner in the course of his or her duties under the Act or Regulations, must not enter a hospital for the purpose of visiting a prisoner at a hospital or other medical facility without the permission (subject to any conditions) of the Governor of the prison at which the prisoner was held before entering hospital. (2) Subregulation (1) does not include a person who is employed at a hospital or other medical facility and is required to visit the prisoner in the course of his or her duties. (3) If a prisoner is seriously ill, the Governor must— (a) advise— (i) the prisoner's next of kin, if known; or (ii) the person nominated by the prisoner as the relative or other person to be contacted in emergencies; and r. 65 -- 50 of 88 -- Part 5—Access to Prisoners Corrections Regulations 2009 S.R. No. 40/2009 46 (b) permit visits by those persons referred to in paragraph (a) as are appropriate. (4) Subregulation (1) does not affect a prisoner's right to visits under section 47(1)(k) of the Act. Division 4—Conditions of visits 66 Information to be given by a visitor (1) A person who wishes to enter or has entered a prison as a visitor must, if asked by a prison officer— (a) sign the register kept for the purpose of recording visits; and (b) allow the prison officer to sight at least one document confirming his or her identity to the satisfaction of the prison officer. (2) Subject to subregulation (1), a person who wishes to enter or has entered a hospital or other medical facility for the purpose of visiting a prisoner must, if asked by a prison officer or an escort officer, allow the officer to sight at least one document confirming his or her identity to the reasonable satisfaction of the officer. 67 Compliance with terms of visit (1) For the purposes of the security, good order and management of a prison, the Governor may determine terms and conditions that apply to visits by visitors to the prison and must take all steps that the Governor considers reasonable to bring those terms and conditions to the attention of visitors to, or persons seeking to visit, the prison. (2) For the purposes of the security or safety of a prisoner, or the safety of a visitor to a prisoner, authorised to be absent from a prison under a custodial community permit, the Governor of the prison from which a prisoner is absent may r. 66 -- 51 of 88 -- Part 5—Access to Prisoners Corrections Regulations 2009 S.R. No. 40/2009 47 determine the terms and conditions that apply to visits by visitors to a prisoner, and must take all steps that the Governor considers reasonable to bring those terms and conditions to the attention of visitors to, or persons seeking to visit, the prisoner. (3) Subject to subregulation (5), a prison officer or an escort officer may order a visitor to leave the prison if the visitor does not comply with the terms and conditions of the visit prescribed by the Governor. (4) An order made under subregulation (3) applies for the time fixed by the Governor, having regard to the management, security and good order of the prison and the safe custody and welfare of the prisoners. (5) A prison officer or an escort officer must not order— (a) a judge of the Supreme Court or the County Court; (b) a magistrate; (c) the Minister; (d) the Secretary; (e) an official visitor; (f) the Ombudsman or the Ombudsman's officer; (g) a member of the Adult Parole Board; (h) a person authorised by the Secretary under section 8E of the Act to have free and unfettered access at all times to a prison, and his or her assistants; r. 67 -- 52 of 88 -- Part 5—Access to Prisoners Corrections Regulations 2009 S.R. No. 40/2009 48 (i) an administrator appointed by the Minister under section 8F of the Act, and his or her assistants; (j) a monitor appointed under section 9D of the Act— to leave the prison. (6) A person must comply with an order made under subregulation (3). Penalty: 5 penalty units. 68 Refusal of entry If a Governor refuses a person entry into a prison to visit a prisoner, or by order under section 58C of the Act prohibits a person from visiting a prisoner, the Governor must— (a) record the refusal or order in writing; and (b) if requested, provide the person with a written notice of the refusal or order as soon as practicable. __________________ r. 68 -- 53 of 88 -- Part 6—Search, Seizure and Testing Corrections Regulations 2009 S.R. No. 40/2009 49 PART 6—SEARCH, SEIZURE AND TESTING Division 1—Search of prisoners 69 Strip searches at prisons (1) Under this regulation— (a) at least two officers may conduct a strip search; but (b) the search must not be conducted by more officers than is reasonably necessary to ensure the safety of the officers and the prisoner. (2) An escort officer or a prison officer referred to in subregulation (1) must not conduct a strip search unless the Governor, or an officer authorised by the Governor, believes on reasonable grounds that a strip search is necessary for the security and good order of the prison in the following situations— (a) when a prisoner leaves or enters a prison; (b) prior to or on completion of a contact visiting programme or a residential visiting programme; (c) prior to the testing of substances referred to under regulation 76. (3) In addition to subregulation (2), the Governor, or an officer authorised by the Governor, may direct an escort officer or a prison officer to strip search a prisoner at any other time if the Governor or authorised officer believes on reasonable grounds that it is necessary for the security or good order of the prison or the prisoners. r. 69 -- 54 of 88 -- Part 6—Search, Seizure and Testing Corrections Regulations 2009 S.R. No. 40/2009 50 (4) In addition to subregulations (2) and (3), the Governor, or an officer authorised by the Governor, may direct an escort officer or a prison officer to strip search a prisoner at any other time if the Governor or authorised officer believes on reasonable grounds that a prisoner is concealing anything that— (a) is an unauthorised substance or article; (b) might be used in a way that involves— (i) intimidating another person; or (ii) an offence or disciplinary breach; or (iii) a risk to the personal safety of anyone at a prison; or (iv) a risk to security or good order at a prison. (5) A strip search of a prisoner may be conducted immediately after any scanning search, garment search or pat-down search. (6) Under this regulation, all escort officers or prison officers involved in a strip search must ensure that— (a) the strip search is conducted as expeditiously as possible to minimise the impact on the prisoner's dignity and self-respect, avoiding any unnecessary force; and (b) the strip search is conducted in a private place or an area that— (i) provides reasonable privacy for the prisoner being searched; and (ii) is only in the presence or sight of any person necessary to ensure the safety of escort officers, prison officers and the prisoner; and r. 69 -- 55 of 88 -- Part 6—Search, Seizure and Testing Corrections Regulations 2009 S.R. No. 40/2009 51 (c) subject to section 23(2) of the Act, the strip search does not involve touching the prisoner's body; and (d) the prisoner is allowed to dress in private immediately after the search is finished; and (e) if clothing from a prisoner is seized during a strip search, an escort officer or a prison officer provides the prisoner with appropriate clothing to wear; and (f) the prisoner is not searched by a person of the opposite sex, except where the search is urgently required and a person of the same sex as the person to be searched is unavailable to conduct the search. (7) If a prisoner is strip searched under this regulation, the Governor must keep a register containing at least the following information— (a) the name of the person searched; (b) the reason for the search; (c) the date and time the search was conducted; (d) the name of all escort officers and prison officers present at any time during the search; and (e) details of anything seized during the search. 70 Random searches (1) In addition to regulation 69, the Governor, if he or she determines it is necessary for the detection or prevention of an unauthorised substance or article, may direct a prison officer to search a random sample of prisoners. (2) A search under this regulation does not include a strip search. r. 70 -- 56 of 88 -- Part 6—Search, Seizure and Testing Corrections Regulations 2009 S.R. No. 40/2009 52 Division 2—Searches of persons other than prisoners 71 Searches of persons other than prisoners (1) Before conducting a search of a person other than a prisoner under section 45 of the Act, the prison officer authorised by the Governor must— (a) inform the person of his or her authority to conduct the search; and (b) inform the person of the reason for the search in that particular case; and (c) inform the person that the person may refuse the search; and (d) inform the person of the consequences of refusal, which may include— (i) refusing the person's participation in contact visits with a prisoner; or (ii) refusing any visits by the person with a prisoner for a fixed time; or (iii) refusing any visits to any prison or any prisoner for a fixed time. (2) If a person other than a prisoner consents to a search, the prison officer authorised by the Governor must— (a) ask the person if he or she has in his or her possession an article or substance which may threaten the good order or security of the prison; and (b) ask the person to produce any article or substance referred to in paragraph (a); and (c) provide the person with the opportunity to respond to the requests referred to in paragraphs (a) and (b); and r. 71 -- 57 of 88 -- Part 6—Search, Seizure and Testing Corrections Regulations 2009 S.R. No. 40/2009 53 (d) record the person's responses to the requests referred to in paragraphs (a) and (b); and (e) record any other details required by the Secretary. (3) A person other than a prisoner who is about to be searched may request that a person who accompanied the person to the prison or another person of the same sex who is at the prison, other than a prisoner, be present during the search. (4) Under this regulation— (a) at least two officers may conduct a strip search; and (b) subject to subregulation (3), the search must not be conducted by more officers than is reasonably necessary to ensure the safety of officers and the person being searched. (5) The Governor, or an officer authorised by the Governor, may direct a prison officer or an escort officer to strip search a person under this regulation at any time if the Governor or authorised officer suspects, on reasonable grounds, that the person is concealing anything that— (a) is an unauthorised substance or article; or (b) might be used in a way that involves— (i) intimidating another person; or (ii) an offence or disciplinary breach; or (iii) a risk to the personal safety of anyone at a prison; or (iv) a risk to security or good order at a prison. r. 71 -- 58 of 88 -- Part 6—Search, Seizure and Testing Corrections Regulations 2009 S.R. No. 40/2009 54 (6) A strip search of a person under this regulation may be conducted immediately after any scanning search, garment search or pat down search. (7) Under this regulation, all prison officers or escort officers involved in a strip search must ensure that— (a) a strip search is conducted as expeditiously as possible and with regard to the decency and self-respect of the person searched; and (b) a strip search is conducted in a private place or an area that— (i) provides reasonable privacy for the person being searched; and (ii) in addition to subregulation (3) is only in the presence or sight of any person necessary to ensure the safety of officers and the prisoner; and (c) the strip search does not involve any touching of the person's body; and (d) the person is allowed to dress in private immediately after the search is finished; and (e) if clothing from a person is seized during a strip search, an officer provides the person with appropriate clothing to wear; and (f) the person is not searched by a person of the opposite sex, except where the search is urgently required and a person of the same sex as the person to be searched is unavailable to conduct the search. (8) If a person is strip searched under this regulation, the Governor must keep a register containing at least the following information— r. 71 -- 59 of 88 -- Part 6—Search, Seizure and Testing Corrections Regulations 2009 S.R. No. 40/2009 55 (a) the name of the person searched; (b) the name of any person whose presence is authorised under subregulation (3); (c) the reason for the search; (d) the date and time the search was conducted; (e) the name of the officers present at any time during the search; (f) details of anything seized during the search. Division 3—Concealing or leaving articles 72 Concealing or leaving articles A person must not conceal or leave an article in any place in a prison without the permission of the Governor with the intent that the article be found or received by, or conveyed to, a prisoner. Penalty: 10 penalty units. Division 4—Seizure 73 Record of seized articles (1) Each Governor must establish and maintain a register of all articles or substances seized in the prison. (2) The register must contain, in respect of each article or substance seized in a prison— (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 r. 72 -- 60 of 88 -- Part 6—Search, Seizure and Testing Corrections Regulations 2009 S.R. No. 40/2009 56 (e) the name and signature of the prison officer or escort officer who seized the article or substance. (3) In addition to the matters referred to in subregulation (2), the register must contain the name, rank, number and signature of the member of the police force who received each firearm, explosive substance or quantity of a drug of dependence seized in a prison. 74 Dealing with seized articles or substances (1) The Governor must ensure that a firearm, explosive substance or drug of dependence seized in a prison is given to a member of the police force as soon as possible. (2) A Governor must direct which one or more of the following methods is to be used in dealing with any other article or substance seized in a prison— (a) retention of the article or substance as evidence; (b) disposal of the article or substance; (c) return of the article or substance to the owner of the article or substance; (d) storage of the article or substance in the prison as 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; r. 74 -- 61 of 88 -- Part 6—Search, Seizure and Testing Corrections Regulations 2009 S.R. No. 40/2009 57 (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. (3) Each Governor must establish and maintain a record of all articles or substances disposed of, or otherwise dealt with, under this regulation. Division 5—Testing of substances 75 Taking of samples of drugs and alcohol (1) A prison officer or an escort officer may take for analysis a sample of a substance that the officer believes to be a drug of dependence or alcohol that is found in the possession of a prisoner and that was not lawfully issued to the prisoner. (2) The prison officer or escort officer who takes a sample of a substance that the officer believes to be a drug of dependence or alcohol must as soon as possible advise the Governor accordingly. (3) The Governor must ensure that— (a) a sample of a substance believed to be a drug of dependence or alcohol taken under subregulation (1) is sealed in a container; and (b) the container is labelled in the presence of the prisoner in whose possession the substance believed to be a drug of dependence or alcohol was found with the following details— (i) the name of the prisoner in whose possession the substance believed to be a drug of dependence or alcohol was found; (ii) the type and quantity of sample; r. 75 -- 62 of 88 -- Part 6—Search, Seizure and Testing Corrections Regulations 2009 S.R. No. 40/2009 58 (iii) the name and signature of the officer who took the sample; (iv) the time and date the sample was taken. (4) The Governor must ensure that samples of substances believed to be drugs of addiction or drugs of dependence or alcohol taken under subregulation (1) are delivered to the appropriate testing agency. 76 Analysis of sample (1) An analyst who conducts tests on a sample must— (a) complete a certificate in the form of Schedule 3; and (b) forward that certificate to the relevant Governor. (2) In this regulation analyst means a person employed by the Government of Victoria as an analyst or a person approved for the time being as an analyst under the Health Act 1958 for the analyses of food or drugs. 77 Breath tests (1) Each Governor must maintain a register of each required breath test, which identifies— (a) the name of the escort officer or prison officer conducting the test; and (b) the date and the time of the test; and (c) the name of the prisoner tested; and (d) the breath analysing instrument used; and (e) whether the instrument was in proper working order; and (f) whether the instrument was properly operated by the officer; and r. 76 -- 63 of 88 -- Part 6—Search, Seizure and Testing Corrections Regulations 2009 S.R. No. 40/2009 59 (g) the result of the test, in grams of alcohol per 100 millilitres of blood, expressed as a percentage. (2) The escort officer or prison officer conducting a breath test under section 29A of the Act must complete the register referred to in subregulation (1). (3) In this regulation, breath test means a test approved by the Secretary for providing an indication of, or for ascertaining, the percentage of alcohol in the blood of a prisoner by means of an apparatus— (a) of a type approved by the Secretary; and (b) used by an officer authorised by the Secretary to use that type of apparatus. __________________ r. 77 -- 64 of 88 -- Part 7—Emergency Management Days Corrections Regulations 2009 S.R. No. 40/2009 60 PART 7—EMERGENCY MANAGEMENT DAYS 78 Emergency management days (1) If the Secretary grants emergency management days to a prisoner, the length of the non-parole period or, if a non-parole period has not been fixed in respect of the sentence, the length of the sentence of imprisonment is reduced by the number of emergency management days granted. (2) The number of emergency management days granted must not exceed— (a) 4 for each day or part of a day on which the industrial dispute or emergency exists; (b) 14 in other circumstances of an unforeseen and special nature. __________________ r. 78 -- 65 of 88 -- Part 8—Release from Prison Corrections Regulations 2009 S.R. No. 40/2009 61 PART 8—RELEASE FROM PRISON Division 1—Discharge procedures 79 Notice of discharge If the Governor has sufficient notice, the Governor must ensure that a prisoner is given at least 7 days notice of the date of his or her discharge from the prison. 80 Property of a prisoner (1) On the discharge of a prisoner from a prison, the Governor must ensure that all property and money belonging or due and payable to the prisoner, other than an amount of money (if any) deducted as authorised under the Act or these Regulations, is given to the prisoner. (2) Any of a prisoner's property that is left unclaimed by the prisoner 3 months after the prisoner's discharge must be disposed of according to law. Division 2—Adult Parole Board 81 Procedure The Adult Parole Board must— (a) meet as often as is necessary for the Adult Parole Board to perform its functions under the Act and these Regulations; and (b) ensure that the Secretary and the relevant Governor and Regional Manager are notified of the decisions of the Board as soon as possible after decisions are made. r. 79 -- 66 of 88 -- Part 8—Release from Prison Corrections Regulations 2009 S.R. No. 40/2009 62 Division 3—Parole 82 Parole eligibility date (1) In this regulation— non-parole period has the same meaning as in the Sentencing Act 1991; parole eligibility date means the earliest date on which a prisoner may be released on parole if so ordered by the Adult Parole Board. (2) As soon as possible after a court has set a non- parole period in respect of a prisoner the Secretary must report to the Secretary of the Adult Parole Board the prisoner's parole eligibility date. (3) As soon as possible after— (a) a court has further sentenced a prisoner; or (b) the Secretary has granted any emergency management days to a prisoner— the Secretary must report to the Secretary of the Adult Parole Board the prisoner's amended parole eligibility date. (4) In determining the parole eligibility date there must be deducted from the non-parole period the emergency management days granted to the prisoner. 83 Parole order (1) A parole order must be in the form of Form 1 of Schedule 4. (2) The Secretary of the Adult Parole Board must ensure that 4 copies of the parole order are signed by the Secretary or a member of the Adult Parole Board and that— r. 82 -- 67 of 88 -- Part 8—Release from Prison Corrections Regulations 2009 S.R. No. 40/2009 63 (a) a copy is retained by the Adult Parole Board; and (b) a copy is delivered to the relevant Regional Manager; and (c) a copy is delivered to the person granted parole; and (d) a copy is delivered to the Governor if the person is released from prison. 84 Release on parole (1) If a person is released from prison by a parole order, the Governor must ensure that— (a) the person, at the person's release, is given a copy of the order; and (b) any conditions attaching to the order are explained to the person. (2) An officer must request a person being released on parole to sign a declaration in the form of Form 2 in Schedule 4. 85 Person on parole attending a location An officer under Part 9 of the Act may give a person on parole who has been ordered to attend a location directions during the attendance of that person at the location that the officer considers necessary for— (a) the proper or efficient conduct of a community corrections programme at the location; or (b) the good order, conduct, discipline, safe custody or health of that person or other offenders; or (c) the safety of any officer or member of the public, either inside or outside the location. r. 84 -- 68 of 88 -- Part 8—Release from Prison Corrections Regulations 2009 S.R. No. 40/2009 64 86 Variation, cancellation or revocation of a parole order (1) If the Adult Parole Board varies a parole order, it must give notice of the variation in the form of Form 1 of Schedule 5 to the relevant Regional Manager not later than 7 days after it varied the order. (2) Subject to subregulation (3), the Regional Manager must— (a) give the person whose parole was varied a copy of the notice referred to in subregulation (1) as soon as possible; and (b) explain to that person the variation of the conditions of the parole order; and (c) request that person to sign a declaration in the form of Form 2 in Schedule 5. (3) If a person whose parole was varied does not attend a community corrections centre as directed by an officer, the Regional Manager must send to that person's last known address— (a) a copy of the notice referred to in subregulation (1); and (b) a declaration in the form of Form 2 in Schedule 5; and (c) a notice— (i) explaining the variations in the conditions of the parole order; and (ii) requesting the person to sign the declaration and return it to the Regional Manager. r. 86 -- 69 of 88 -- Part 8—Release from Prison Corrections Regulations 2009 S.R. No. 40/2009 65 (4) If the Adult Parole Board cancels or revokes a parole order it must give notice of the cancellation or revocation order in the form of Schedule 6 to the relevant Governor and relevant Regional Manager not later than 7 days after it cancelled or revoked the order. (5) The Regional Manager must, as soon as possible— (a) if the person whose parole was revoked or cancelled attends a community corrections centre as directed by an officer, arrange for that person to be provided with a copy of the order referred to in subregulation (4); and (b) if the person whose parole was revoked or cancelled does not attend a community corrections centre as directed by an officer, send, to that person's last known address, a copy of the order referred to in subregulation (4). (6) If a person whose parole was revoked or cancelled is held in custody in a prison, the Governor must give that person a copy of the notice of cancellation or revocation as soon as possible after receiving or becoming aware of the giving of the notice under subregulation (4). 87 Warrant under section 77(6)(a) (1) A warrant to apprehend a person under section 77(6)(a) of the Act must be in the form of Schedule 7. (2) If a person whose parole was cancelled is returned to prison by the execution of a warrant of apprehension, the Secretary must, within 7 days after the return of the person, notify the Secretary of the Adult Parole Board and the appropriate Regional Manager that the person has been returned to prison. r. 87 -- 70 of 88 -- Part 8—Release from Prison Corrections Regulations 2009 S.R. No. 40/2009 66 88 Reception into prison of person on parole If a person on parole is received into prison for any reason, including reception on remand, the Secretary must notify the Secretary of the Adult Parole Board and the relevant Regional Manager of that person's reception into prison. __________________ r. 88 -- 71 of 88 -- Part 9—Community Based Corrections Corrections Regulations 2009 S.R. No. 40/2009 67 PART 9—COMMUNITY BASED CORRECTIONS Division 1—Definitions 89 Definitions In this Part— location does not include a place at which an offender is by a correctional order required to live; officer means an officer under Part 9 of the Act. Division 2—Community work 90 Community work As part of an individual programme determined under section 95(4) of the Act a Regional Manager may direct an offender to perform unpaid community work on any land owned, leased or occupied for a public purpose. Division 3—Offences 91 Offences by offenders participating in community corrections programmes (1) An offender must not— (a) fail to obey a lawful instruction of a Regional Manager or an officer; or (b) consume alcohol or be under the influence of a drug of dependence or alcohol during attendance at a location; or (c) bring alcohol or an unauthorised substance or article into a location; or (d) leave the location which the offender has been directed to attend without the permission of the relevant officer; or r. 89 -- 72 of 88 -- Part 9—Community Based Corrections Corrections Regulations 2009 S.R. No. 40/2009 68 (e) fail to notify the relevant officer at the location which the offender has been directed to attend, of the offender's inability to attend at the location at the required time— (i) at least 24 hours before the offender is due to attend the location, if the offender has at least 24 hours notice of that inability; or (ii) immediately on becoming unable to attend if the offender did not have at least 24 hours notice of the offender's inability to attend at the location; or (f) fail to attend at the location to which the offender has been directed to attend at the required time unless the offender has obtained the permission of the relevant officer not to attend at the required time; or (g) fail to produce a medical certificate, as soon as is practicable, in respect of non-attendance at a location due to illness; or (h) enter an unauthorised area of a location without the permission of the relevant officer; or (i) commit an act or omission that is contrary to the good order, management or security of the location or is contrary to the good order of a community corrections programme; or (j) attempt any of the above. Penalty: 5 penalty units. (2) An offender's contravention of the Act, this regulation, or a direction of the Secretary, a Regional Manager or an officer is an act of misconduct for the purposes of the Act. r. 91 -- 73 of 88 -- Part 9—Community Based Corrections Corrections Regulations 2009 S.R. No. 40/2009 69 Division 4—Search and seizure 92 Searches (1) In this Division, a search means any or all of the following— (a) a garment search; (b) a pat-down search; (c) a scanning search. (2) Before a Regional Manager orders a community corrections officer or an escort officer approved by the Secretary to search a person, the Regional Manager or the officer about to conduct the search must— (a) inform the person of the authority of the Regional Manager to order the search; and (b) inform the person of the reason for the search in that particular case; and (c) ask the person whether he or she has in his or her possession any article or substance which may jeopardise the good order or security of the location; and (d) ask the person to produce any article referred to in paragraph (c); and (e) provide the person with an opportunity to respond to the requests made under paragraphs (c) and (d); and (f) record the person's responses to the requests referred to in paragraphs (c) and (d). (3) A person who is about to be searched may request that a person who accompanied the person to the community corrections centre or another person of the same sex who is then at the community corrections centre, other than an offender, be present during the search. r. 92 -- 74 of 88 -- Part 9—Community Based Corrections Corrections Regulations 2009 S.R. No. 40/2009 70 (4) A community corrections officer or approved escort officer conducting a search under this regulation must conduct the search— (a) expeditiously; and (b) with regard to the decency and self-respect of the person searched. (5) A Regional Manager must establish and maintain a register of searches conducted at the community corrections centres within the region. 93 Register of seized articles or substances (1) A Regional Manager must establish and maintain a register of articles or substances seized at a community corrections centre. (2) The register must contain, in respect of each article or substance seized at a community corrections centre— (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 (if known); and (d) the time and date of the seizure; and (e) the name and signature of the community corrections officer or approved escort officer who seized the article or substance; and (f) details of the disposal or other dealing with the article or substance. (3) In addition to the matters referred to in subregulation (2), the register must contain the name, rank, number and signature of the member of the police force who received each firearm, explosive substance or quantity of a drug of r. 93 -- 75 of 88 -- Part 9—Community Based Corrections Corrections Regulations 2009 S.R. No. 40/2009 71 dependence seized at the community corrections centre. 94 Dealing with seized articles or substances (1) If an article or substance is seized by a community corrections officer or approved escort officer at a community corrections centre, other than a firearm, explosive substance or drug of dependence, the Regional Manager must ensure that— (a) if the article or substance may be used in legal proceedings— (i) the article or substance is held securely until the end of those legal proceedings (if any); and (ii) the article or substance is dealt with as directed by the Regional Manager according to subregulation (2); and (iii) the person from whom the article or substance was seized is informed whether or not it will be returned to the owner; and (iv) the owner, if the owner's name and address is known, is informed whether or not the article or substance will be returned to the owner; or (b) if the article or substance will not be used in legal proceedings— (i) the article or substance is dealt with as directed by the Regional Manager according to subregulation (2); and (ii) the person from whom the article or substance was seized is informed whether or not it will be returned to the owner; and r. 94 -- 76 of 88 -- Part 9—Community Based Corrections Corrections Regulations 2009 S.R. No. 40/2009 72 (iii) the owner, if the owner's name and address is known, is informed whether or not the article or substance will be returned to the owner. (2) A Regional Manager must direct as to which one or more of the following methods is to be used in dealing with an article or substance seized at a community corrections centre by a community corrections officer or an approved escort officer other than a firearm, explosive substance or a drug of dependence— (a) disposal of the article or substance; (b) return of the article or substance to the owner of the article or substance; (c) declaration of the article or substance as forfeit to the Crown if the article or substance was involved in the commission of an offence; (d) 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. (3) The Regional Manager must ensure that a firearm, explosive substance or drug of dependence seized in a community corrections centre is given to a member of the police force as soon as possible. Division 5—Offender's property 95 Purchase of offender's property (1) An officer must not purchase any of an offender's property. (2) In this regulation officer means an officer under Part 5 or Part 9 of the Act. __________________ r. 95 -- 77 of 88 -- Part 10—Exemptions Corrections Regulations 2009 S.R. No. 40/2009 73 PART 10—EXEMPTIONS 96 Exemptions for emergency (1) If there is an emergency resulting in a substantial disruption or disturbance within a prison, the Secretary may by instrument— (a) grant an exemption from any provision of these Regulations; and (b) impose conditions subject to which the exemption is granted; and (c) vary or revoke the exemption. (2) An exemption under this regulation is restricted to the emergency resulting in a substantial disruption or disturbance within a prison. __________________ r. 96 -- 78 of 88 -- Corrections Regulations 2009 S.R. No. 40/2009 74 SCHEDULES SCHEDULE 1 Regulation 4 REVOCATIONS S.R. No. Title 52/1998 Corrections Regulations 1998 14/2006 Corrections (Amendment) Regulations 2006 30/2008 Corrections (Amendment) Regulations 2008 __________________ Sch. 1 -- 79 of 88 -- Corrections Regulations 2009 S.R. No. 40/2009 75 SCHEDULE 2 Regulation 20 ORDER TO BRING A PRISONER BEFORE A COURT OR CORONER To (insert title of person in charge of prison) at (insert name of place of prison) AND to all members of the police force in Victoria. Under the provisions of regulation 20 of the Corrections Regulations 2009 I order that (insert name of prisoner) a prisoner detained at (insert name of prison) be brought before the (insert name of court) to be held at (insert place where court to be held) on (insert date) for the purpose of (insert purpose for which the prisoner is required to attend. If the purpose is to answer a charge include the nature of the offences with which the prisoner is charged) and the prisoner is to remain in the custody of those officers and members of the police force acting under this order until the prisoner is returned to the prison from which the prisoner was removed or is released by order of the court. Dated the day of , 20 Judge Magistrate Coroner Sch. 2 -- 80 of 88 -- Corrections Regulations 2009 S.R. No. 40/2009 76 NOTICE TO THE OFFICERS AND MEMBERS OF THE POLICE FORCE BRINGING A PRISONER BEFORE A COURT OR CORONER The prisoner (insert name of prisoner) is detained for other matters and must be returned to the place of detention or is not detained for other matters or is granted bail and may be released if so ordered by the court.* Name and signature of the person in charge of the prison from which the prisoner is removed to attend before a court or coroner ⎫ ⎬ ⎭ *Strike out whichever is inapplicable __________________ Sch. 2 -- 81 of 88 -- Corrections Regulations 2009 S.R. No. 40/2009 77 SCHEDULE 3 Regulation 76 CERTIFICATE OF ANALYST I, (name of analyst) of (name of employer) CERTIFY that— 1. On (insert date) I received a sealed container labelled 2. The sealed container contained (insert description of contents including description by weight) 3. I analysed a sample of the contents of the sealed container and found the sample to constitute (insert analysis of sample) Signature of analyst Qualification of analyst Date __________________ Sch. 3 -- 82 of 88 -- Corrections Regulations 2009 S.R. No. 40/2009 78 SCHEDULE 4 FORM 1 Regulations 83 and 84 PAROLE ORDER TO (Christian Names or Given Names) (Surname in BLOCK letters) of (Address) You were convicted of Now the Adult Parole Board directs that you be released on parole on the day of on the following conditions: 1. That you do not break any law. 2. That you notify a community corrections officer of any change of address or employment within 48 hours of the change. 3. That you do not leave the State of Victoria without the written permission of the Regional Manager. 4. That you carry out the lawful instructions of community corrections officers. 5. That you are under the supervision of a community corrections officer. 6. That you report as and when directed by the community corrections officer. 7. That you make yourself available for interview by the community corrections officer at such time and place as directed by the community corrections officer. In addition to the above conditions, from the date of your release on parole until the following conditions also apply: 8. That you report at least twice a week to the supervising community corrections officer. 9. That you be employed or undertake an approved educational or training programme. 10. That if you are not employed, or in an approved educational or training programme you undertake unpaid community work as directed by the Regional Manager. Sch. 4 -- 83 of 88 -- Corrections Regulations 2009 S.R. No. 40/2009 79 The following special conditions also apply to this Order: (if applicable, insert special conditions) The Adult Parole Board may change the conditions of this Order at any time. It is a condition of this Order that if the Board does change this Order and the changes are explained to you, you must sign (when asked to do so) a declaration acknowledging that the changes have been explained to you. You are still under sentence. The Adult Parole Board may cancel your parole order at any time before the end of the parole period or at any later time if you are sentenced to imprisonment for more than 3 months in respect of one or more offences committed during the parole period. Otherwise, if you observe the conditions of the Parole order, your parole will expire on: Within 2 clear working days you are required to report to the following Community Corrections Centre: Dated this day of 20 For and on behalf of the Adult Parole Board Member/Secretary of the Adult Parole Board INSTRUCTIONS (Office use only) 1. One signed copy of this Order is to be retained at the prison as authority for release. 2. One copy is to be handed to the prisoner on release. 3. One copy is to be retained by the Regional Manager of the above Community Corrections Centre. 4. One copy is to be retained by the Adult Parole Board. FORM 2 DECLARATION BY PERSON GRANTED PAROLE I, (name, in block letters, of person granted parole) declare that I have been given an explanation of the conditions of my parole and I undertake to comply with them. Signed Dated __________________ Sch. 4 -- 84 of 88 -- Corrections Regulations 2009 S.R. No. 40/2009 80 SCHEDULE 5 FORM 1 Regulation 86 NOTICE OF VARIATION OF PAROLE ORDER TO (Christian Names or Given Names) (Surname in BLOCK letters) of (Address) On (Date of Order) you were granted release on a parole order by the Adult Parole Board subject to certain conditions. The Adult Parole Board has varied a condition of the order/imposed an additional condition to the order/revoked a condition of the order (Strike out whichever is not applicable) as follows: All other conditions of the parole order still apply. TAKE NOTICE that the order has been varied as above. Dated this day of 20 For and on behalf of the Adult Parole Board Member/Secretary of the Adult Parole Board INSTRUCTIONS (Office use only) 1. The signed copy of this Notice to be retained by the Regional Manager. 2. One copy is to be given to the person on parole. 3. One copy is to be retained by the Adult Parole Board. Sch. 5 -- 85 of 88 -- Corrections Regulations 2009 S.R. No. 40/2009 81 FORM 2 DECLARATION I, (name, in block letters, of person whose parole order is varied) declare that I have been given an explanation of the variation to the conditions of my parole order and I undertake to comply with it. Signed Dated __________________ Sch. 5 -- 86 of 88 -- Corrections Regulations 2009 S.R. No. 40/2009 82 SCHEDULE 6 Regulation 86 REVOCATION OR CANCELLATION OF A PAROLE ORDER (Christian Names or Given Names) (Surname in BLOCK Letters) was convicted of and by the order of the Adult Parole Board dated was released, or was to be released on parole on Now the Adult Parole Board revokes/cancels* the parole order, the Adult Parole Board being advised that Dated this day of 20 For and on behalf of the Adult Parole Board Member/Secretary of the Adult Parole Board *Strike out whichever is inapplicable __________________ Sch. 6 -- 87 of 88 -- Corrections Regulations 2009 S.R. No. 40/2009 83 SCHEDULE 7 Regulation 87 WARRANT FOR APPREHENSION AND RETURN TO PRISON To the Chief Commissioner of Police and to all members of the Police Force in the State of Victoria, and to the Governor of Her Majesty's Melbourne Assessment Prison or any other prison in the State which is more accessible or convenient. (Christian Names or Given Names) (Surname in BLOCK Letters) was convicted of and by the order of the Adult Parole Board dated was released on parole on The Adult Parole Board cancelled that parole order on This warrant authorises any member of the police force to apprehend the person whose parole was cancelled and return him or her to a prison, and this warrant requires the Governor of the Prison to receive that person into custody and detain him or her until released according to law. Dated this day of 20 For and on behalf of the Adult Parole Board Member/Secretary of the Adult Parole Board ═══════════════ Sch. 7 -- 88 of 88 --