reg 1Objectives

The objectives of these Regulations are—

(a)

to prescribe any matters authorised by the Corrections Act 1986; and

(b)

to provide for the management, good order and security of prisons and locations; and

(c)

to provide for the welfare and discipline of prisoners and offenders; and

Reg. 1(d) substituted by S.R. No. 46/2019 reg. 4.

(d)

to provide for the management, administration and security of police gaols; and

Reg. 1(e) inserted by S.R. No. 46/2019 reg. 4.

(e)

to provide for the safe custody and welfare of detained persons; and

Reg. 1(f) inserted by S.R. No. 46/2019 reg. 4.

(f)

to provide for the manner of dealing with property seized under Part 9A of the Corrections Act 1986; and

Reg. 1(g) inserted by S.R. No. 46/2019 reg. 4.

(g)

to provide for the establishment and keeping of a victims register; and

Reg. 1(h) inserted by S.R. No. 46/2019 reg. 4.

(h)

to prescribe various forms and procedures authorised by the Corrections Act 1986.

reg 2Authorising provisions

These Regulations are made under sections 112 and 112A of the Corrections Act 1986.

reg 3Commencement

These Regulations come into operation on 28 April 2019.

reg 4Revocations

The Regulations listed in Schedule 1 are revoked.

reg 5Definitions

In these Regulations—

controlled article or substance means the following—

(a)

currency;

(b)

tools;

(c)

pens and highlighters;

(d)

needles and syringes;

(e)

computer software and hardware, including computer peripherals;

(f)

optical disk storage media;

(g)

medication that is not prescribed by a prescribed class of persons referred to in regulation 7;

Reg. 5 def. of detained person inserted by S.R. No. 46/2019 reg. 5.

detained person has the same meaning as in section 104A of the Act;

explosive substance has the same meaning as in section 317(1) of the Crimes Act 1958;

high security, in relation to a prisoner, means classification of the prisoner as a very high risk to themselves, prison security, the community or to any other person;

independent prison visitor has the same meaning as in section 33 of the Act;

intensive parole period means the period fixed by the Board under regulation 115;

maximum security, in relation to a prisoner, means classification of the prisoner as a high risk to themselves, prison security, the community or to any other person;

medium security, in relation to a prisoner, means classification of the prisoner as a moderate risk to themselves, prison security, the community or to any other person;

minimum security, in relation to a prisoner, means classification of the prisoner as a low risk to themselves, prison security, the community or to any other person;

officer means an officer within the meaning of section 14 or 85 of the Act;

Reg. 5 def. of officer in charge inserted by S.R. No. 46/2019 reg. 5.

officer in charge has the same meaning as in section 104A of the Act;

parcel includes any contents contained in or associated with a parcel, whether or not the parcel is accompanied or associated with a letter;

prisoner trust account means the trust account established by the Commissioner to hold money on behalf of a prisoner;

prohibited poison means—

(a)

a Schedule 8 poison within the meaning of the Drugs, Poisons and Controlled Substances Act 1981; or

(b)

a Schedule 9 poison within the meaning of the Drugs, Poisons and Controlled Substances Act 1981;

Reg. 5 def. of registered person inserted by S.R. No. 46/2019 reg. 5.

registered person means a person included on the victims register under section 30C(1) or (2) of the Act;

Reg. 5 def. of registrar inserted by S.R. No. 46/2019 reg. 5.

registrar means a person assigned to be registrar of the victims register under regulation 133B and includes any person carrying out the functions or powers of the registrar;

strip search means a search of a person that requires—

(a)

the person to remove any or all of the person's clothing; and

(b)

an examination of—

(i)

the person's body that does not involve the touching of the person's body; and

(ii)

the person's clothing;

the Act means the Corrections Act 1986;

unauthorised article or substance means the following—

(a)

a weapon;

(b)

a drug of dependence;

(c)

an explosive substance;

(d)

flammable liquids;

(e)

alcohol;

(f)

tobacco products;

(g)

tobacco smoking accessories;

(h)

tattooing equipment;

(i)

aerosol pressure spray cans;

(j)

equipment that may aid a prisoner to escape a prison;

(k)

any publication, film or computer game within the meaning of the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth (other than a publication, film or computer game that is classified as unrestricted or general under that Act);

(l)

cameras or other photographic devices;

(m)

mobile telephones;

(n)

portable digital media players;

(o)

USB storage devices;

(p)

any other article or substance which may threaten—

(i)

the management, good order or security of the prison; or

(ii)

the safety or welfare of any person.

reg 6Conduct of officers

(1)

An officer must notify the Governor or the Regional Manager as soon as practicable after the officer becomes aware of—

(a)

any criminal charges laid by a police officer against the officer; or

(b)

any finding of a court in relation to those charges; or

(c)

any penalty or term of imprisonment imposed on that officer in relation to those charges.

(2)

If an officer notifies the Governor or the Regional Manager under subregulation (1), the Governor or the Regional Manager (as the case may be) must within 24 hours of the officer making the notification—

(a)

inform the Secretary of the disclosure; and

(b)

having regard to the seriousness of the criminal charges, advise the Secretary of the possible impact on the management or security of the prison or location.

(3)

Any uniform or equipment provided to an officer by the Secretary remains the property of the Crown.

(4)

The Secretary may publish a code of conduct for officers.

(5)

An officer must comply with a code of conduct published by the Secretary under subregulation (4).

reg 7Prescribed class of persons

For the purposes of paragraph (f) of the definition of officer in section 14 of the Act and paragraph (e) of the definition of officer in section 85 of the Act, the following classes of persons are prescribed—

(a)

psychiatrists;

(b)

registered medical practitioners;

(c)

dentists;

(d)

nurses;

(e)

health workers.

reg 8Powers and functions of Governor and Regional Manager

(1)

The powers and functions of a Governor under these Regulations only apply in respect of the prison, prisoners and officers under that Governor's management and direction.

(2)

The powers and functions of the Regional Manager only apply in respect of the locations, offenders and officers under that Regional Manager's management and direction.

reg 9Non-lethal firearms

For the purposes of section 55EC of the Act, a prescribed non-lethal firearm is—

(a)

a tear gas gun or projector; or

(b)

a shotgun which fires rounds commonly known as beanbag rounds.

reg 10Unauthorised removal of firearms and ammunition

An escort officer acting in the course of the escort officer's duties must not remove a firearm or ammunition from a prison unless authorised by the Governor to do so.

Penalty: 10 penalty units.

reg 11Approved dogs

For the purposes of section 27(3) of the Act, a dog is an approved dog if the dog has completed a training program approved by the Secretary in the previous 12 months.

reg 12Use of dogs

A prison officer must not use a dog in a prison in performing one or more of the functions listed in section 27(1) of the Act unless it is an approved dog used in accordance with section 27 of the Act.

Corrections Regulations 2019

About this Act

Bill & explanatory material

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