Corrections (Police Gaols) Regulations 2005

i Corrections (Police Gaols) Regulations 2005 S.R. No. 101/2005 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Commencement 1 4. Revocation 1 5. Definitions 2 6. Detained people to give certain information 2 7. Photographing 2 8. Search and seizure 3 9. Visits to police gaols 4 10. Communication with people detained in police gaols 6 11. Exchange of articles unlawful 7 12. Directions 8 13. Discipline 8 14. Restraint 10 15. Transfers 10 ═══════════════ ENDNOTES 12 -- 1 of 13 -- 1 STATUTORY RULES 2005 S.R. No. 101/2005 Corrections Act 1986 Corrections (Police Gaols) Regulations 2005 The Governor in Council makes the following Regulations: Dated: 24 August 2005 Responsible Minister: TIM HOLDING Minister for Corrections RUTH LEACH Clerk of the Executive Council 1. Objective The objective of these Regulations is to provide for the management, administration and security of police gaols and for the safe custody and welfare of the people detained in them. 2. Authorising provisions These Regulations are made under section 112 of the Corrections Act 1986. 3. Commencement These Regulations come into operation on 26 August 2005. 4. Revocation The following Regulations are revoked— (a) the Corrections (Police Gaols) Regulations 1995 1 ; -- 2 of 13 -- S.R. No. 101/2005 Corrections (Police Gaols) Regulations 2005 2 (b) the Corrections (Police Goals) (Amendment) Regulations 1995 2 ; (c) the Corrections (Police Gaols) (Amendment) Regulations 1997 3 . 5. Definitions In these Regulations— "officer in charge" means a member of the police force for the time being in charge of a police gaol; "police officer" means a member of the police force. 6. Detained people to give certain information (1) If a person is detained in a police gaol, the person must, at the request of a police officer, give— (a) his or her name; and (b) his or her residential address immediately before he or she was taken into custody. Penalty: 2 penalty units. (2) A person must not, without reasonable excuse, give information which is false or misleading in response to a request made under sub- regulation (1). Penalty: 2 penalty units. 7. Photographing (1) If a person is detained in a police gaol, a police officer may, at any time at or after the person's reception into the police gaol, take photographs of the person for the purposes of identification or the compilation of records concerning the person. (2) A police officer may give to a person all necessary directions to enable the taking of accurate photographs under sub-regulation (1). r. 5 -- 3 of 13 -- S.R. No. 101/2005 Corrections (Police Gaols) Regulations 2005 3 8. Search and seizure (1) The officer in charge of a police gaol must as soon as possible after seizing, or receiving notice of the seizure of, an article or substance in the police gaol under the Corrections Act 1986 direct which one or more of the following methods is to be used in dealing with the article or substance seized— (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 police gaol or police station as part of the property of the detained person 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; (g) destruction of the article or substance; (h) 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. (2) The officer in charge must ensure that a written record is made, as soon as possible, of how the article or substance was dealt with under this regulation. r. 8 -- 4 of 13 -- S.R. No. 101/2005 Corrections (Police Gaols) Regulations 2005 4 9. Visits to police gaols (1) With the permission of the officer in charge of a police gaol, a lawyer acting in the course of the lawyer's practice may enter the police gaol and visit a person detained in the police gaol. (2) The officer in charge— (a) must not unreasonably refuse permission to a lawyer to visit the police gaol under sub- regulation (1); and (b) in deciding whether to give or refuse permission to a lawyer to visit the police gaol must have regard to— (i) the interests of the security of the police gaol and the safe custody of the people held there; and (ii) the principle that a person held in custody should, in the interests of justice, have reasonable access to a legal representative. (3) With the permission of the officer in charge, any person may enter the police gaol and visit a person detained in the police gaol. (4) A person wishing to visit, or visiting, a police gaol under this regulation must, at the request of a police officer— (a) state his or her name and residential address; and (b) provide documentary or other evidence of his or her identity to the satisfaction of the police officer. r. 9 -- 5 of 13 -- S.R. No. 101/2005 Corrections (Police Gaols) Regulations 2005 5 (5) It is sufficient compliance with sub- regulation (4)(b) for a person to produce— (a) one of the following documents— (i) a passport; or (ii) a driver licence; or (iii) a document issued by a public statutory authority bearing the name and photograph of the person; (b) any 2 of the following documents— (i) a full birth certificate or extract of birth; or (ii) a certificate of Australian citizenship; or (iii) a marriage certificate; or (iv) a Seniors Card issued by the Government of a State or Territory; or (v) a health care card; or (vi) a pensioner concession card; or (vii) any other card issued by a Commonwealth Government Department that certifies entitlement to Commonwealth health concessions. (6) A person must not, in response to a request made under sub-regulation (4)— (a) supply any information, document or material that he or she knows is false or misleading; or (b) pass off any document or material that does not relate to him or her as a document or material that does relate to him or her. Penalty: 2 penalty units. r. 9 -- 6 of 13 -- S.R. No. 101/2005 Corrections (Police Gaols) Regulations 2005 6 (7) If a person fails to comply with a request made under sub-regulation (4), or if the officer believes on reasonable grounds that a person has contravened sub-regulation (6), the officer— (a) may make an order prohibiting the person from entering the police gaol to visit a detained person; or (b) may order the person to leave the police gaol immediately. (8) A person must comply with an order made under sub-regulation (7). Penalty: 2 penalty units. (9) The officer in charge may order a visitor to leave the police gaol immediately if the officer in charge believes on reasonable grounds that the order is necessary in the interests of the security, management or good order of the police gaol or for the safety of any person at the police gaol. (10) A person must comply with an order made under sub-regulation (9). Penalty: 5 penalty units. 10. Communication with people detained in police gaols (1) A person must not communicate, or attempt to communicate, with a person detained in a police gaol in a way that the person knows, or should know, has been forbidden, or has not been authorised, by the officer in charge of the police gaol. Penalty: 5 penalty units. r. 10 -- 7 of 13 -- S.R. No. 101/2005 Corrections (Police Gaols) Regulations 2005 7 (2) Sub-regulation (1) does not prevent a communication made in— (a) the carrying out of an official duty; or (b) the carrying out of a power, function or duty under an Act or subordinate instrument; or (c) the doing of an act authorised by the Chief Commissioner of Police. 11. Exchange of articles unlawful (1) A person must not give or send, or attempt to give or send, anything to a person detained in a police gaol in a way that the person knows, or should know, has been forbidden, or has not been authorised, by the officer in charge of the police gaol. Penalty: 10 penalty units. (2) A person must not receive, or attempt to receive, anything from a person detained in a police gaol without being authorised to receive the thing by the officer in charge of the police gaol. Penalty: 10 penalty units. (3) Sub-regulation (1) or (2) does not prevent the giving or sending or receiving of anything, or an attempt to give or send or receive anything, in— (a) the carrying out of an official duty; or (b) the carrying out of a power, function or duty under an Act or subordinate instrument; or (c) the doing of an act authorised by the Chief Commissioner of Police. r. 11 -- 8 of 13 -- S.R. No. 101/2005 Corrections (Police Gaols) Regulations 2005 8 12. Directions A police officer may give to a person detained in a police gaol any direction that the police officer believes on reasonable grounds is necessary for the security, good order or management of the police gaol or for the safety of any person at the police gaol. 13. Discipline (1) A person detained in a police gaol must not— (a) act, or threaten to act, in a way— (i) that is prejudicial to, or that threatens, the security, good order or management of the police gaol; or (ii) that is prejudicial to, or that threatens, the safety of any person in the police gaol or of any person who is involved in the administration of, or in providing a service to, or in relation to, the police gaol; or (iii) that might cause damage to the police gaol or the loss of, or damage to, any property at the police gaol; or (b) act in a disruptive, abusive or indecent manner, whether by language or conduct to any person in the police gaol or of any person who is involved in the administration of, or in providing a service to, or in relation to, the police gaol; or (c) exchange, give or receive or attempt to exchange, give or receive, without lawful authority, any article or substance that is prejudicial to or threatens the security, good order or management of the police gaol; or r. 12 -- 9 of 13 -- S.R. No. 101/2005 Corrections (Police Gaols) Regulations 2005 9 (d) knowingly wear or possess any thing that jeopardises, or that is likely to jeopardise, the security or good order of the police gaol or the safety of people in the police gaol, other than any thing which a person is authorised by the officer in charge of the police gaol to wear or possess; or (e) being a person authorised to take or use a drug of dependence, take or use or attempt to take or use that drug otherwise than in accordance with the authority; or (f) disobey a lawful direction of a police member given under the Corrections Act 1986 or these Regulations. Penalty: 10 penalty units. (2) If the officer in charge of the police gaol suspects that a person detained in the police gaol has contravened these Regulations, the officer must investigate the matter. (3) In investigating a matter under sub-regulation (2), the officer must give the person who is alleged to have contravened these Regulations an opportunity to be heard in relation to the matter. (4) If after investigating a matter the officer is satisfied that the person has contravened these Regulations, the officer may, having regard to the seriousness of the contravention— (a) take no further action; or (b) reprimand the person; or (c) refer the matter to be dealt with under the criminal law. r. 13 -- 10 of 13 -- S.R. No. 101/2005 Corrections (Police Gaols) Regulations 2005 10 14. Restraint (1) The officer in charge of a police gaol may apply, or authorise another police officer to apply, an instrument of restraint to a person detained in the police gaol— (a) while the person is being moved under escort from one place to another if the officer in charge believes on reasonable grounds that the restraint is necessary to ensure the secure transfer of the person; or (b) if the officer in charge believes on reasonable grounds that— (i) exceptional circumstances exist; and (ii) the restraint is necessary to prevent an assault on, or injury to, any person, or substantial damage to property. (2) A person applying an instrument of restraint in accordance with sub-regulation (1) must do so in the manner for the time being determined by the Chief Commissioner of Police. 15. Transfers (1) In this regulation "institution" means any of the following— (a) a police gaol; (b) a hospital; (c) a specialist clinic or a clinic for medical, psychological or psychiatric examination or treatment; (d) a centre for the examination or treatment of alcoholics or drug dependent persons. r. 14 -- 11 of 13 -- S.R. No. 101/2005 Corrections (Police Gaols) Regulations 2005 11 (2) The Chief Commissioner of Police may, by instrument, authorise the transfer of a person in the legal custody of the Chief Commissioner from one institution to another or from place to place within an institution. (3) The Chief Commissioner of Police cannot under sub-regulation (2) include in an instrument of transfer a provision that is inconsistent with any Order of a court in force in relation to the custody or place of detention of the person proposed to be transferred. (4) The Chief Commissioner of Police cannot, under sub-regulation (2), authorise the transfer of a person to a prison. ═══════════════ r. 15 -- 12 of 13 -- S.R. No. 101/2005 Corrections (Police Gaols) Regulations 2005 12 ENDNOTES 1 Reg. 4(a): S.R. No. 23/1995. 2 Reg. 4(b): S.R. No. 131/1995. 3 Reg. 4(c): S.R. No. 155/1997. Endnotes -- 13 of 13 --