Corrections Regulations 1998

i Corrections Regulations 1998 S.R. No. 52/1998 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objectives 1 2. Authorising provision 1 3. Commencement 1 4. Revocation 2 5. Definitions 2 PART 2—OFFICERS 4 6. Conduct of all Officers 4 7. Officers under sections 14(f) and 85(e) of the Act 4 PART 3—MANAGEMENT AND SECURITY 5 Division 1—Firearms 5 8. Issue of Firearms 5 9. Unauthorised removal of firearms etc. 5 10. Discharge of firearms 5 Division 2—Dogs 7 11. Approved dogs 7 12. Use of dogs 7 Division 3—Restraint 7 13. Prescription of instruments of restraint and their manner of use 7 14. Use of restraint during transport 7 15. Use of restraint for lengthy period 8 16. Report to Governor by prison officer 8 Division 4—Control of Communication 8 17. Control of letters and parcels 8 18. Restrictions of communications during emergency 9 Division 5—Leave of Absence to Attend Court or a Hearing 10 -- 1 of 73 -- Regulation Page ii 19. Absence to attend court or hearing 10 20. Wearing of non-prison clothing 10 Division 6—Classification 11 21. Sentence Management Panels 11 Division 7—Separation 11 22. Separation by the Secretary 11 Division 8—Prisoners' Money 12 23. Prisoner trust account 12 24. Regulation of prisoners' money 12 25. Expenditure of prisoner's money 14 26. Prisoner savings 14 Division 9—Property of Prisoners 15 27. Surrender of property 15 28. Storage of prisoner's property 15 29. Refusal to store prisoner's property 16 30. Dealing with a prisoner's property 16 31. Transfer of prisoner's property 17 32. Giving or selling of prisoner's property 17 33. Deceased prisoner's personal effects 18 Division 10—Work and Remuneration 18 34. Remuneration 18 35. Dismissal from work 18 Division 11—Prisoner Privileges 19 36. Prisoner Privileges 19 Division 12—Children of Prisoners 19 37. Temporary placement of prisoner's children 19 38. Placement of prisoner's children 19 39. Review of placement 20 40. Record of children living in prison 20 41. Restrictions on children 20 Division 13—Custodial Community Permits 20 42. Issue of permit 21 43. Conditions of permit 21 PART 4—PRISON DISCIPLINE 23 Division 1—General 23 -- 2 of 73 -- Regulation Page iii 44. Prison Offences 23 Division 2—Governor's Hearing 24 45. Conduct of Governor's hearing 24 46. Prisoner must be given details of the charge and hearing procedure 25 47. Preliminary steps if prisoner present at the hearing 25 48. Procedure if prisoner pleads not guilty 26 49. Procedure if prisoner pleads guilty 26 50. Procedure if prisoner not present when charge to be heard 27 51. Governor may dismiss charge any time after plea recorded 28 52. Steps to be taken once Governor's decision made 28 PART 5—ACCESS TO PRISONERS 30 Division 1—Professional and Official Visitors 30 53. Visits by lawyers to prisoners in prison 30 54. Visits to prisoners awaiting trial 30 55. Visits by police 30 56. Visit by an official visitor 30 Division 2—Contact and Residential Visiting Programmes 31 57. Contact and residential visiting programmes 31 Division 3—Visits to Prisoners in Hospital 32 58. Visits to prisoners in hospital 32 Division 4—Conditions of Visits 32 59. Information to be given by a visitor 32 60. Compliance with terms of visit 33 61. Refusal to entry 34 PART 6—SEARCH, SEIZURE AND TESTING 36 Division 1—Search of Prisoners 36 62. Search requiring removal of clothing 36 Division 2—Searches of Persons other than Prisoners 36 63. Searches of persons other than prisoners 37 Division 3—Concealing or Leaving Articles 38 64. Concealing or leaving articles 38 Division 4—Seizure 39 65. Record of seized articles 39 66. Dealing with seized articles or substances 39 -- 3 of 73 -- Regulation Page iv Division 5—Testing of Substances 40 67. Taking of samples of drugs and alcohol 40 68. Analysis of sample 42 69. Breath tests 42 PART 7—EMERGENCY MANAGEMENT DAYS 43 70. Emergency management days 43 PART 8—RELEASE FROM PRISON 44 Division 1—Discharge Procedures 44 71. Notice of discharge 44 72. Property of a prisoner 44 Division 2—Hostels 44 73. Approval of hostels 44 Division 3—Adult Parole Board 44 74. Procedure 45 Division 4—Parole 45 75. Parole eligibility date 45 76. Parole order 46 77. Release on parole 46 78. Person on parole attending a location 46 79. Variation, cancellation or revocation of a parole order 47 80. Warrant under section 77(6)(a) 48 81. Reception into prison of person on parole 49 PART 9—COMMUNITY BASED CORRECTIONS 50 Division 1—Definitions 50 82. Definitions 50 Division 2—Community Work 50 83. Community Work 50 Division 3—Offences 50 84. Offences by offenders participating in community corrections programmes 50 Division 4—Search and Seizure 52 85. Searches 52 86. Register of seized articles or substances 53 87. Dealing with seized articles or substances 54 -- 4 of 73 -- Regulation Page v Division 5—Offender's Property 56 88. Purchase of offender's property 56 PART 10—EXEMPTIONS 57 89. Exemptions 57 __________________ SCHEDULES 58 SCHEDULE 1—Order to bring a prisoner before a court or coroner 58 SCHEDULE 2—Certificate of analyst 60 SCHEDULE 3—Certificate of authorised officer conducting breath test 61 SCHEDULE 4 62 Form 1—Parole Order 62 Form 2—Declaration by person granted parole 64 SCHEDULE 5 65 Form 1—Notice of variation of Parole Order 65 Form 2—Declaration 66 SCHEDULE 6—Revocation or cancellation of a Parole Order 67 SCHEDULE 7—Warrant for apprehension and return to prison 68 ═══════════════ -- 5 of 73 -- 1 STATUTORY RULES 1998 S.R. No. 52/1998 Corrections Act 1986 Corrections Regulations 1998 The Governor in Council makes the following Regulations: Dated: 12 May 1998 Responsible Minister: BILL McGRATH Minister for Corrections SHARNE BRYAN Clerk of the Executive Council PART 1—PRELIMINARY 1. Objectives The objectives of these Regulations are to provide for the implementation of aspects of the management, administration and security of prisons and locations, the welfare of prisoners, offenders and other persons in prisons and other matters which the Act authorises to be provided for by regulation. 2. Authorising provision These Regulations are made under section 112 of the Corrections Act 1986. 3. Commencement These Regulations come into operation on the day they are made. -- 6 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 2 4. Revocation The Corrections Regulations 1988 are revoked. 5. Definitions (1) In these Regulations— "Act" means the Corrections Act 1986; "Commissioner" means the Commissioner appointed under section 8A of the Act; "drug of addiction" has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981; "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 the Crimes Act 1958; "officer" has, unless otherwise stated, the same meaning as in section 14 of the Act; "prisoner trust account" in relation to a prison, means the prison trust account established by the Governor on behalf of prisoners for that prison; "unauthorised substances or articles" means all articles and substances except an article or substance, or a class of articles or substances, that the Act or these Regulations or the Secretary has permitted— (a) to be brought into a prison or a community corrections location; or (b) to be possessed by a prisoner. (2) The powers and functions of a Governor under these Regulations only apply in respect of the r. 4 -- 7 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 3 prison, prisoners and officers under that Governor's management and direction. (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. 5 -- 8 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 4 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 must within 24 hours of an officer disclosing one of the matters referred to in sub-regulation (1) pass on the information to the Secretary. 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 employed by the Government or a government agency. _______________ r. 6 -- 9 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 5 PART 3—MANAGEMENT AND SECURITY Division 1—Firearms 8. Issue of Firearms A Governor may only authorise the issue of a firearm to a prison officer in the following circumstances— (a) when the prison officer is undertaking duties as an armed escort or on patrols outside the prison; (b) when the prison officer is undertaking special duties specified by the Governor; (c) when the prison officer is undertaking duties at posts specified by the Governor at the times when prisoners are locked in cells; (d) when the prison officer is undertaking firearms training under the direction of an approved instructor; (e) at all times in cases of emergency. 9. Unauthorised removal of firearms etc. A person 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, a prison officer may discharge a firearm at the prisoner if the prison officer believes on reasonable grounds that it is the only practicable way to prevent the escape of the prisoner. r. 8 -- 10 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 6 (2) A prison 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 prison officer believes on reasonable grounds that it is the only practicable way to prevent an escape. (3) A prison 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 (including the prison 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 prison 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. (4) Before discharging a firearm at a person, the prison 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. r. 10 -- 11 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 7 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. 12. Use of dogs A prison 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 A prison officer may apply an instrument of restraint to a prisoner only if— (a) the instrument, or type of instrument, is approved by the Secretary; and (b) the instrument is used in the manner determined by the Secretary. 14. Use of restraint during transport (1) A prison 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 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 may apply an 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 r. 11 -- 12 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 8 application of the instrument of restraint is necessary to prevent the escape of the prisoner or the assault of, or injury to, any person. 15. 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 24 hours; or (b) for a cumulative period of 48 hours in any 96 hour period. (2) At any time after receiving such advice, the Secretary may order the removal of the instrument of restraint. 16. Report to Governor by prison officer A prison 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) This regulation does not apply to letters exchanged between a prisoner and the Ombudsman or the Ombudsman's officers. (2) The Governor may require a prisoner to open a letter written by the prisoner to the Minister, the Secretary, the Commissioner, an official visitor, or a lawyer representing the prisoner, in the presence of an officer for the officer's inspection before resealing it. (3) The officer referred to in sub-regulation (2) must not open, read, or censor the letter but may inspect r. 15 -- 13 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 9 the envelope, packet, parcel, container or wrapper containing the letter for unauthorised articles or substances. (4) If the Governor has reasonable grounds to believe that a parcel or the contents of a parcel, sent by or to a prisoner threatens the security of the prison or is threatening or harassing in nature, the Governor may— (a) seize the parcel; and (b) inspect the parcel. (5) Each Governor must establish and maintain a register containing— (a) details of— (i) every letter read, censored or stopped under section 47(4) of the Act; and (ii) every parcel seized or inspected under this regulation; and (b) the reason for the seizure, 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. 18. Restrictions of communications during emergency Despite anything to the contrary in these Regulations, a Governor may, during 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 r. 18 -- 14 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 10 Secretary, the Commissioner, the Governor or an official visitor. Division 5—Leave of Absence to Attend Court or a Hearing 19. Absence to attend court or 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 for any other lawful purpose. (2) An order for the removal of a prisoner under sub- regulation (1) must be in the form of Schedule 1. (3) The notice in Schedule 1 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 sub-regulation (1). (5) The person who has custody of a prisoner under sub-regulation (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. 20. 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 (b) if the prisoner does not have suitable clothes, is provided with civilian clothes to wear during the appearance. r. 19 -- 15 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 11 (2) Sub-regulation (1) is in addition to any right which a prisoner has under section 47(1)(e) of the Act. Division 6—Classification 21. Sentence Management Panels (1) The Secretary is to maintain sentence management panels to carry out the function of prisoner classification. (2) The Secretary may appoint as many members to the panels as he or she thinks are necessary for the proper functioning of the panels. (3) 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. (4) The Secretary may at any time determine the classification of a prisoner or vary a sentence management panel's classification of a prisoner. Division 7—Separation 22. Separation by the Secretary (1) The Secretary may, in writing, order the separation of a prisoner from other prisoners for a specified term if— (a) the separation is necessary or desirable for the safety of the prisoner or other persons, or the security, good order or management of the prison; and r. 21 -- 16 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 12 (b) the prisoner is only separated from other prisoners while the safety of the prisoner or other persons, or the security, good order or management of the prison is at risk. (2) The requirement in sub-regulation (1) that a separation order be in writing does not apply where the separation of a prisoner from other prisoners is, in the opinion of the Secretary, required urgently. (3) If an oral separation order is made in the circumstances referred to in sub-regulation (2), the order must be confirmed in writing within 24 hours. Division 8—Prisoners' Money 23. 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 attendance at a prison 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. 24. 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 r. 23 -- 17 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 13 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 programmes or as a gratuity. (3) The Governor must accede as soon as possible to the prisoner's request under sub-regulation (2). (4) The Secretary may— (a) set the maximum amount of money that can be credited to, or deducted from the prisoner trust account on behalf of a prisoner; and (b) stipulate— (i) the amount, and the frequency with which, money may be credited to or debited from the prisoner trust account on behalf of a prisoner; and (ii) the purposes for which money may be credited to and debited from the prisoner trust account on behalf of a prisoner. (5) 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 stipulated under sub-regulation (4), the prisoner's r. 24 -- 18 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 14 entitlement to receive or be credited with that amount is not affected by sub-regulation (4). 25. Expenditure of prisoner's money (1) A prisoner may expend the amount of money approved by the Governor from the amount held on behalf of the prisoner in the prisoner trust account on purchases approved by the Governor. (2) In addition to sub-regulation (1), the Governor, on receiving a request from a prisoner to expend or transfer for a specified purpose a specified amount of money from the amount held on behalf of the 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 sub-regulation (4); (b) the circumstances of each deduction; and (c) how the amount of each deduction was established. 26. Prisoner savings The Governor of a prison may direct that a portion, determined by the Secretary, of remuneration paid to a prisoner for work done in prison industries and for participation in r. 25 -- 19 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 15 educational programmes be retained on behalf of the prisoner in the prisoner trust account until the prisoner is released from prison. Division 9—Property of Prisoners 27. Surrender of property (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; or (c) return the property to the person as soon as possible after inspecting it. 28. 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 sub-regulation (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. r. 27 -- 20 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 16 29. Refusal to store prisoner's property (1) Despite regulation 28, 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 sub-regulation (2). 30. 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 an item of a prisoner's property to a person receiving that item on behalf of that prisoner unless that person signs a receipt acknowledging delivery of that item. (3) A Governor must ensure that an item 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 66. r. 29 -- 21 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 17 (4) The Secretary may forbid the keeping in a prison of items of prisoner's property specified by the Secretary. 31. 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 one or more items of a prisoner's property is not to be transferred with the prisoner because the amount referred to in sub-regulation (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 item cannot be transferred and that the prisoner 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, that the item is disposed of; and (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 sub-regulation (2). 32. Giving or selling of prisoner's property (1) Except as authorised by the Act or these Regulations, a prisoner must not give or sell an item 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. r. 31 -- 22 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 18 (3) In this regulation, "officer" means an officer under Part 5 or Part 9 of the Act. 33. 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 the 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 deliver the prisoner's personal effects and any money standing to the prisoner's credit in the prisoner trust account to the executor or administrator of the deceased prisoner's estate. Division 10—Work and Remuneration 34. Remuneration (1) A prisoner must be paid for work done by the prisoner in a prison industry and for participation in educational programmes. (2) The Secretary must determine the level or levels of remuneration to be paid to prisoners for work done in prison industries and for participation in educational programmes and must annually review the minimum levels of remuneration. 35. Dismissal from work A Governor may dismiss from work a prisoner who is consistently idle or disruptive or is otherwise an unsatisfactory worker. r. 33 -- 23 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 19 Division 11—Prisoner Privileges 36. Prisoner Privileges (1) Annually, each Governor must submit to the Secretary, for the Secretary's approval, a list of prisoner privileges to operate in the prison for all prisoners or for various classes of prisoners. (2) The Secretary may approve or refuse to approve the list submitted under sub-regulation (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 12—Children of Prisoners 37. 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. (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 sub-regulation (2) at any time. (4) 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. 38. 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— r. 36 -- 24 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 20 (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. 39. 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. 40. 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. 41. 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. Division 13—Custodial Community Permits r. 39 -- 25 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 21 42. 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. 43. 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 r. 42 -- 26 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 22 (g) the prisoner must comply with all times of attendance as stated in the permit. _______________ r. 43 -- 27 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 23 PART 4—PRISON DISCIPLINE Division 1—General 44. Prison Offences (1) A prisoner must not— (a) assault or maliciously threaten another person; (b) act in a disruptive, abusive or indecent manner, whether by language or conduct; (c) engage in gambling; (d) traffic in unauthorised articles or substances; (e) have in his or her possession an article or substance not issued or authorised by an officer, prescribed by a medical officer, medical practitioner or dentist, or permitted under the Act or these Regulations; (f) take or use alcohol, a drug of addiction or drug of dependence or an unauthorised substance or article that has not been lawfully issued to the prisoner or take or use alcohol or a drug of addiction or drug of dependence lawfully issued in a manner that was not prescribed or authorised; (g) send a letter threatening or harassing in nature or send or receive a letter or parcel containing an article or substance that the prisoner knows to be an unauthorised article or substance; (h) act in a way which is prejudicial to or threatens prison property; (i) without the direction or permission of an officer— r. 44 -- 28 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 24 (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; (j) work in a careless or negligent way; (k) breach a condition of a custodial community permit; (l) disobey a lawful order of an officer; (m) fail to comply with a direction under 29A of the Act; (n) 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; (o) commit an act or omission that is contrary to the good order, management or security of the prison or the security of the prisoners; (p) attempt any of the above. (2) A prisoner contravenes sub-regulation (1)(m) 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. Division 2—Governor's Hearing 45. 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; and r. 45 -- 29 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 25 (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. 46. 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. 47. 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. r. 46 -- 30 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 26 48. 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 (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. 49. Procedure if prisoner pleads guilty r. 48 r. 49 -- 31 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 27 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. 50. Procedure if prisoner not present when charge to be 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 -- 32 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 28 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 (vi) if the Governor finds the prisoner guilty of the prison offence, the Governor must proceed to determine the penalty. 51. Governor may dismiss charge any time after plea recorded Despite regulations 48–50, 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. 52. 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 r. 51 -- 33 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 29 (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. 52 -- 34 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 30 PART 5—ACCESS TO PRISONERS Division 1—Professional and Official Visitors 53. 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 8.30am and 3.30pm or at other times authorised by the Governor of a prison. (2) A lawyer visiting a prisoner under these Regulations may exchange legal documents with the prisoner. (3) The provisions of these Regulations relating to letters sent to or by prisoners apply to legal documents exchanged under sub-regulation (2). (4) A prisoner may retain legal documents in the prisoner's possession, subject to reasonable quantity limits imposed by the Governor. 54. Visits to prisoners awaiting trial A prisoner who is in the custody of a prison officer and is at court awaiting trial must be given an opportunity to have access to a lawyer, but, in arranging access, the prison 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. 55. Visits by police A member of the police force may enter a prison and visit a prisoner between 8.30am and 3.30pm or at other times authorised by the Governor of a prison. 56. Visit by an official visitor r. 53 r. 56 -- 35 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 31 (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 57. 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— (a) the nature of the programme; and (b) the persons who are eligible to participate in the programme; and -- 36 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 32 (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 58. Visits to prisoners in hospital (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 or in the course of his or her hospital duties, must not visit a prisoner in hospital without the permission of the Governor of the prison at which the prisoner was held before entering hospital. (2) 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 (b) permit visits by those persons referred to in paragraph (a) as are appropriate. (3) Sub-regulation (1) does not affect a prisoner's right to visits under section 47(1)(k) of the Act. Division 4—Conditions of Visits 59. Information to be given by a visitor r. 58 r. 59 -- 37 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 33 (1) The prescribed information for the purposes of section 42(1) of the Act is— (a) the person's identity, address, occupation, age and relationship to the prisoner; and (b) the purpose of the visit. (2) 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. 60. 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, and persons wishing 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 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, and persons wishing to visit, the prisoner. (3) Subject to sub-regulation (4), a prison officer may order a visitor to leave the prison if the visitor -- 38 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 34 does not comply with the terms and conditions of the visit prescribed by the Governor. (4) A prison officer may 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; (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. (5) A person must comply with an order made under sub-regulation (3). Penalty: 3 penalty units. 61. Refusal to 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 r. 61 -- 39 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 35 (b) provide the person with a written notice of the refusal or order. _______________ r. 61 -- 40 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 36 PART 6—SEARCH, SEIZURE AND TESTING Division 1—Search of Prisoners 62. Search requiring removal of clothing (1) A prison officer must not conduct a search which requires the removal of all or most of a prisoner's clothing unless the Governor or an officer authorised by the Governor so orders. (2) A prison officer, in conducting a search that requires the removal of a prisoner's clothing, must ensure that the search is conducted as expeditiously as possible and with regard to the decency and self-respect of the prisoner searched. (3) A prison officer in conducting a search that requires the removal of all or most of a prisoner's clothing must— (a) ensure that the prisoner is not searched by a person of the opposite sex, except where such a search is urgently required and a person of the same sex as the person to be searched is unavailable to conduct the search; and (b) where consistent with the proper management and security of the prison, ensure that the prisoner is not searched in the sight of any person other than the prison officer or prison officers carrying out the search. (4) If a person is searched under this regulation, the Governor must complete any records of the search required by the Secretary. Division 2—Searches of Persons other than Prisoners r. 62 -- 41 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 37 63. 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. (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 (d) record the person's responses to the requests referred to in paragraphs (a) and (b); and (g) 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 then at the prison, other than a prisoner, be present during the search. r. 63 -- 42 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 38 (4) A prison officer conducting a search of a person other than a prisoner, must conduct the search— (a) expeditiously; and (b) with regard to the decency and self-respect of the person searched. (5) A prison officer must not conduct a search which requires the removal of all or most of a person's clothing unless the Governor or an officer authorised by the Governor so orders. (6) A prison officer in conducting a search that requires the removal of all or most of a person's clothing must— (a) ensure that the person is not searched by a person of the opposite sex, except where such a search is urgently required and a person of the same sex as the person to be searched is unavailable to conduct the search; and (b) where consistent with the proper management and security of the prison, ensure that the person is not searched in the sight of any person other than— (i) the prison officer or prison officers carrying out the search; and (ii) a person requested to be present under sub-regulation (3) of this regulation by the person being searched. Division 3—Concealing or Leaving Articles 64. Concealing or leaving articles r. 63 r. 64 -- 43 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 39 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 65. 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 of the article or substance; and (b) the name of the person from whom the article or substance was seized; and (c) the name and address of the owner of the article or substance seized (if known); and (d) the time and date of the seizure; and (e) the name and signature of the prison officer who seized the article or substance. (3) In addition to the matters referred to in sub- regulation (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. 66. Dealing with seized articles or substances (1) The Governor must ensure that a firearm, explosive substance or drug of dependence seized r. 66 -- 44 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 40 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; (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 67. Taking of samples of drugs and alcohol r. 67 -- 45 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 41 (1) A prison officer may take for analysis a sample of a substance that the prison officer believes to be a drug of addiction or 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 who takes a sample of a substance that the prison officer believes to be a drug of addiction or 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 addiction or a drug of dependence or alcohol taken under sub-regulation (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 addiction or 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 addiction or a drug of dependence or alcohol was found; (ii) the type and quantity of sample; (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 substance believed to be of drugs of addiction or drugs of dependence or alcohol taken under sub- regulation (1) are delivered to the appropriate testing agency. -- 46 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 42 68. Analysis of sample (1) An analyst who conducts tests on a sample must— (a) complete a certificate in the form of Schedule 2; 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. 69. Breath tests (1) A prisoner must submit to a breath test when required by an officer to do so. (2) The officer conducting a test under sub-regulation (1) must complete a certificate in the form of Schedule 3. (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. 68 -- 47 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 43 PART 7—EMERGENCY MANAGEMENT DAYS 70. Emergency management days (1) The Secretary may grant emergency management days on account of a prisoner's good behaviour while suffering disruption or deprivation— (a) during an industrial dispute or emergency existing in a prison; or (b) in other circumstances of an unforeseen and special nature. (2) 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. (3) 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. (4) In sub-regulation (1)— "disruption" means any substantial interruption to a prisoner's normal daily routine; "industrial dispute" means a dispute as to industrial matters concerning wages, terms or conditions of employment resulting in a withdrawal of labour, or a work ban or other restrictive work practice by prison officers. _______________ r. 70 -- 48 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 44 PART 8—RELEASE FROM PRISON Division 1—Discharge Procedures 71. 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. 72. 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) An item 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—Hostels 73. Approval of hostels The Secretary must— (a) commission a report as to the suitability of a hostel; and (b) be satisfied as to its suitability— before approving the hostel for the purpose of section 56 of the Act. Division 3—Adult Parole Board r. 71 -- 49 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 45 74. 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. Division 4—Parole 75. 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 r. 74 -- 50 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 46 emergency management days granted to the prisoner. 76. 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— (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. 77. 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. 78. 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 r. 76 -- 51 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 47 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. 79. 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 sub-regulation (3), the Regional Manager must— (a) give the person whose parole was varied a copy of the notice referred to in sub- regulation (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 sub- regulation (1); and (b) a declaration in the form of Form 2 in Schedule 5; and r. 79 r. 79 -- 52 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 48 (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. (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 sub-regulation (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 sub- regulation (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 sub-regulation (4). 80. Warrant under section 77(6)(a) r. 80 -- 53 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 49 (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. 81. 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. _______________ -- 54 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 50 PART 9—COMMUNITY BASED CORRECTIONS Division 1—Definitions 82. 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 83. 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 84. 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; (b) consume an alcoholic substance or be under the influence of a drug of addiction or drug of dependence or alcohol during attendance at a location; (c) bring an alcoholic substance or an unauthorised substance or article into a location; r. 82 -- 55 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 51 (d) leave the location which the offender has been directed to attend without the permission of the relevant officer; (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; (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; (g) fail to produce a medical certificate, as soon as is practicable, in respect of non- attendance at a location due to illness; (h) enter an unauthorised area of a location without the permission of the relevant officer; (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; (j) attempt any of the above. Penalty: 2 penalty units. r. 84 -- 56 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 52 (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. Division 4—Search and Seizure 85. Searches (1) Before a Regional Manager orders a community corrections officer to search a person, the Regional Manager or a person authorised by the Regional Manager 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). (2) 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. 85 -- 57 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 53 (3) A community corrections 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. (4) A community corrections officer in conducting a search that requires the removal of all or most of a person's clothing must— (a) ensure that the person is not searched by a person of the opposite sex, except where such a search is urgently required and a person of the same sex as the person to be searched is unavailable to conduct the search; and (b) where consistent with the proper management and security of the community corrections centre, ensure that the person is not searched in the sight of any person other than— (i) the community corrections officer or community corrections officers carrying out the search; and (ii) a person requested to be present under sub-regulation (2) of this regulation by the person being searched. (5) A Regional Manager must establish and maintain a register of searches conducted at the community corrections centres within the region. 86. 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. r. 86 -- 58 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 54 (2) The register must contain, in respect of each article or substance seized at a community corrections centre— (a) a description 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 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 sub- regulation (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 addiction or a drug of dependence seized at the community corrections centre. 87. Dealing with seized articles or substances (1) If an article or substance is seized by a community corrections 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 r. 87 -- 59 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 55 (ii) the article or substance is dealt with as directed by the Regional Manager according to sub-regulation (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 sub-regulation (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 (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 other than a firearm, explosive substance or a drug of addiction 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; r. 87 -- 60 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 56 (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 88. Purchase of offender's property (1) An officer must not purchase an item of an offender's property. (2) In this regulation "officer" means an officer under Part 5 or Part 9 of the Act. _______________ r. 88 -- 61 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 57 PART 10—EXEMPTIONS 89. Exemptions (1) The Secretary may, in relation to any place or person, 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 may be general or limited in application. __________________ r. 89 -- 62 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 58 SCHEDULES SCHEDULE 1 Regulation 19 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 19 of the Corrections Regulations 1998 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 , 19 Judge Magistrate coroner 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 Sch. 1 -- 63 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 59 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. 1 -- 64 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 60 SCHEDULE 2 Regulation 68 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. 2 -- 65 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 61 SCHEDULE 3 Regulation 69 CERTIFICATE OF AUTHORISED OFFICER CONDUCTING BREATH TEST I, (name of officer) of (name of prison or other establishment to which the officer is attached) CERTIFY that— 1. I am an officer under Part 5 of the Corrections Act 1986. 2. On (insert date) at (insert time) a.m./p.m. I analysed a sample of the breath of (insert name of prisoner) by means of a breath analysing apparatus. 3. The breath analysing instrument used for the analysis was— (a) an apparatus of the type approved by the Secretary in accordance with regulation 69 of the Corrections Regulations 1998; and (b) in proper working order and properly operated by me. 4. That the apparatus used indicated that the quantity of alcohol present in the blood of(insert name of prisoner) at the time and place referred to was grams of alcohol per 100 millilitres of bloods which expressed as a percentage is %. Date Signed __________________ Sch. 3 -- 66 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 62 SCHEDULE 4 FORM 1 Regulations 76 and 77 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 -- 67 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 63 The following special conditions also apply to this Order: 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 an offence 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 19 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. _______________ Sch. 4 -- 68 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 64 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 -- 69 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 65 SCHEDULE 5 FORM 1 Regulation 79 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 19 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 -- 70 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 66 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 -- 71 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 67 SCHEDULE 6 Regulation 79 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 19 For and on behalf of the Adult Parole Board Member/Secretary of the Adult Parole Board *Strike out whichever is inapplicable __________________ Sch. 6 -- 72 of 73 -- S.R. No. 52/1998 Corrections Regulations 1998 68 SCHEDULE 7 Regulation 80 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 19 For and on behalf of the Adult Parole Board Member/Secretary of the Adult Parole Board ═══════════════ Sch. 7 -- 73 of 73 --