Corrections Regulations 1998

Corrections Regulations 1998

I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Corrections Act 1997 .

W. J. E. COX

Lieutenant-Governor

By His Excellency's Command,

RONALD CORNISH

for and on behalf of Minister for Justice

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Corrections Regulations 1998 .

2.   Commencement

These regulations take effect on 1 August 1998.

3.   Interpretation

In these regulations –

Act means the Corrections Act 1997 ;

biometric data means any data relating to a physical trait;

classification committee means the classification committee established under regulation 4 ;

property, in relation to a prisoner or detainee, includes any clothing, money and other personal items in the possession of the prisoner or detainee;

[Regulation 3 Amended by No. 82 of 2000, Sched. 2, Applied:13 Dec 2000] public holiday includes any day or part of a day that is a statutory holiday as defined in the Statutory Holidays Act 2000 ;

senior next of kin means senior next of kin as defined in the Coroners Act 1995 .

PART 2 - Management of prisons

4.   Establishment of classification committee

(1)  The Director is to establish a committee for the purpose of classifying prisoners on their admission to prison.

(2)  The Director may appoint any person as a member of the classification committee on any terms and conditions the Director determines.

5.   Classification of prisoners

(1)  The classification committee is to classify prisoners having regard to –

(a) age and character; and

(b) length of sentence; and

(c) nature and notoriety of offence; and

(d) behaviour during current, and any previous, period of imprisonment; and

(e) escape history; and

(f) any other relevant factor.

(2)  A prisoner may be classified into any one of the following security categories:

(a) maximum;

(b) medium;

(c) minimum.

(3)  A prisoner may be reclassified at any time if, in the opinion of the classification committee, it is necessary or desirable to do so.

6.   Separate cells

(1)  Every prisoner or detainee is to be accommodated –

(a) if practicable, in a separate cell; or

(b) if it is not practicable to do so, in a cell with no more than 2 other prisoners or detainees.

(2)  Every prisoner or detainee is to be provided with a separate bed.

7.   Opening after lock-up in certain circumstances

(1)  A correctional officer, other than a senior correctional officer in the company of another officer, is not to open the door of an occupied cell after lock-up except with the permission of the Director.

(2)  If an occupied cell is opened under subregulation (1) , the correctional officer opening the cell is to report to the Director stating the time that the cell was opened.

8.   Separate treatment

The Director may order that, in accordance with any standing orders, a prisoner or detainee be subject to –

(a) separate confinement; or

(b) the use of mechanical or chemical restraints.

9.   Inspection of prison by medical officer

(1)  A medical officer is to make an inspection of a prison at least once every 3 months.

(2)  Following an inspection, the medical officer is to report to the Director on any matter that, in his or her opinion, constitutes a risk to the health of staff or prisoners and detainees.

10.   Failure to eat food

If a medical officer certifies in writing that the failure of a prisoner or detainee to eat food supplied in accordance with section 29(1)(b) of the Act is endangering the life or health of the prisoner or detainee, the Director may cause food to be fed to the prisoner or detainee.

11.   Cleanliness

A prisoner or detainee is responsible for –

(a) his or her personal cleanliness and hygiene; and

(b) the cleanliness of any clothing in his or her possession; and

(c) the cleanliness of his or her cell.

12.   Work

(1)  If a prisoner is set to work under section 33 of the Act, he or she is to be attentive and diligent in the performance of that work.

(2)  The Director is to take into account the work performance of a prisoner when determining the amount of remission to be granted to the prisoner.

13.   Orders to be obeyed

(1)  A prisoner or detainee is to promptly obey any order given by a correctional officer.

(2)  If a prisoner or detainee is aggrieved by an order given by a correctional officer, he or she –

(a) is to obey that order; and

(b) may lodge a complaint in relation to that order.

(3)  A complaint is to be –

(a) in writing; and

(b) lodged with the Director.

PART 3 - Property of prisoners and detainees

14.   Property held in custody

(1)  A person authorised by the Director is to hold in custody the property of a prisoner or detainee until the prisoner or detainee is released or transferred to another prison.

(2)  If any property of a prisoner or detainee held in custody is lost or damaged, the Director is to order the replacement of the lost or damaged article –

(a) with a new or second-hand item of equivalent value; or

(b) payment of an amount equivalent in value to that article.

15.   Transfer of property

(1)  If a prisoner or detainee is transferred to another prison, the person referred to in regulation 14(1) is to transfer the property of that prisoner or detainee to the other prison.

(2)  The property is to be held in custody by the person in the other prison authorised by the Director to hold property in custody.

(3)  The person referred to in subregulation (2) is to forward a detailed receipt for the property to the person who transferred the property.

(4)  If a receipt is not received within 7 days after the transfer of the property, the person who transferred the property is to report the matter to the Director.

(5)  A person who fails to make a report is responsible for any loss or discrepancy in respect of the property.

16.   Access to property

(1)  A prisoner or detainee may apply to the Director to see his or her property.

(2)  If the Director approves an application, he or she is to provide the prisoner or detainee with access to the property within one week of the approval.

(3)  The Director is to approve any application that is lodged by a prisoner or detainee within 14 days before the date fixed for his or her release from prison.

17.   Complaints with respect to property

(1)  After seeing his or her property, a prisoner or detainee may lodge a complaint if he or she considers there is a discrepancy in, or damage to, the property.

(2)  A complaint is to be –

(a) in writing; and

(b) lodged with the Director.

18.   Return of property on release

(1)  If a prisoner or detainee is released from prison, his or her property is to be returned to him or her unless it has been destroyed in accordance with regulation 19 .

(2)  If it has been necessary to destroy a prisoner's or detainee's clothing in accordance with regulation 19 , he or she is to be provided, on release, with clothing that the Director considers sufficient to replace the destroyed clothing.

18A.   Return of property after release

[Regulation 18A Inserted by S.R. 2006, No. 128, Applied:29 Nov 2006]

(1)  This regulation applies if any property of a prisoner or detainee (in this regulation referred to as "the released person") is not, for any reason, taken by or returned to him or her on release.

(2)  As soon as practicable after becoming aware that the property has not been taken or returned, the Director is to send the released person a notice advising –

(a) that the property is still being held; and

(b) what the property consists of; and

(c) that the released person, within a period of not less than 30 days specified in the notice, may arrange with the Director to –

(i) collect the property in person; or

(ii) have someone collect the property on the released person's behalf; or

(iii) have the property sent to the released person, or to an address nominated by the released person, at his or her expense; and

(d) that, in the absence of such an arrangement, the property will be disposed of; and

(e) where, for the purposes of collection, the property is held; and

(f) such other matters as the Director thinks fit in the circumstances.

(3)  The notice is to be sent to the address of the released person last known to the Director.

(4)  The released person may arrange for the property to be collected or forwarded in accordance with the terms of the notice.

(5)  However, the property may be disposed of in such manner as the Director thinks fit if –

(a) the released person fails to make such an arrangement; or

(b) the Director is unable to send the notice at all because he or she does not have an address for the released person and is unable, after making reasonable enquiries, to discover such an address.

(6)  Any money received from the sale of property under this regulation is to be paid into the Consolidated Fund.

19.   Seized property

(1)  The Director may order that any item seized in searches carried out under sections 20 and 22 of the Act of a perishable, unhygienic, dangerous or undesirable nature is to be –

(a) destroyed; or

(b) sent out to a location nominated by the prisoner or detainee from whom the item was seized; or

(c) held in custody with the property of the prisoner or detainee; or

(d) disposed of in accordance with any standing orders.

(2)  The prisoner or detainee may be required to pay the cost of sending out property under subregulation (1)(b) .

20.   Use of detainee's or prisoner's money

The Director, at the request of a prisoner or detainee, may authorise on behalf of the prisoner or detainee expenditure of money belonging to the prisoner or detainee for the purpose and in the manner specified in the authorisation.

PART 4 - Release and remissions

21.   Release of prisoners

The following provisions apply to the release of a prisoner:

(a) on the day of release the prisoner is to be released at the discretion of the Director between 6 a.m. and 5 p.m.;

(b) [Regulation 21 Amended by S.R. 1999, No. 32, Applied:28 Apr 1999] in the case of a sentence of more than 14 days, if the day of release falls on a Saturday or other public holiday or a Sunday, a prisoner is to be released on a preceding weekday, not being a Saturday or other public holiday or a Sunday;

(c) [Regulation 21 Amended by S.R. 1999, No. 32, Applied:28 Apr 1999] in the case of a sentence of 14 days or less, the prisoner is to be released on the last day of the sentence even if that day is a Saturday or other public holiday or a Sunday.

22.   Release of detainees

A detainee is to be released immediately the order for his or her detention expires.

23.   Remission

(1)  For the purpose of section 86 of the Act, a remission of the whole or any part of a prisoner's sentence is not to –

(a) exceed 3 months if the period of imprisonment to which the remission relates is imposed after 1 January 1994; and

(b) exceed one-third of the total period of imprisonment to which a prisoner is sentenced; and

(c) operate so as to reduce the total period of imprisonment served by a prisoner to less than 3 months.

(2)  Remission of sentence is not to be granted to a prisoner who is –

(a) convicted of escape or attempted escape in respect of a period of imprisonment up to and including the day on which the escape or attempted escape was made; or

(b) sentenced to a total period of imprisonment of 3 months or less.

(3)  The Director is not to grant a remission of sentence to a prisoner if that remission would operate to reduce the total period of imprisonment served by the prisoner in respect of that sentence to a period that is shorter than any non-parole period specified in an order made in respect of that prisoner under section 17(2)(b) of the Sentencing Act 1997 .

24.   Special remission

(1)  A special remission granted under section 87(1)(a) of the Act is not to exceed 2 days for each day or part of a day the prison was affected by a dispute or emergency.

(2)  A special remission granted under section 87(1)(b) of the Act is not to exceed 14 days.

PART 5 - Records

25.   Application of Part

This Part applies to a person who is subject to an order under section 382(1) of the Criminal Code as if that person were a prisoner.

26.   Period of sentence

(1)  If a prisoner was sentenced at the one time to 2 or more periods of imprisonment, a reference in this Part to the period for which the prisoner was sentenced is a reference to the total period for which he or she could lawfully have been imprisoned by virtue of that sentence, whether or not he or she has been released before the expiration of that total period.

(2)  If a prisoner was sentenced at different times to 2 or more periods of imprisonment, a reference in this Part to the period for which the prisoner was sentenced is a reference to the latest of those periods, whether or not he or she has been released before the expiration of that latest period.

27.   Taking of records

On admission to a prison and at any other time the Director considers necessary, the Director may require a prisoner or detainee to –

(a) state his or her name and age; and

(b) have biometric data collected and recorded; and

(c) be photographed or have images electronically recorded.

28.   Destruction of records on acquittal

Any records taken under regulation 27 that consist of any photograph, impression or electronic record of image of a prisoner's or detainee's fingers or palms are to be destroyed as soon as practicable after the release or acquittal of the prisoner or detainee if –

(a) the detainee is released without conviction by a court; or

(b) the prisoner is acquitted of the charge or offence in respect of which he or she was imprisoned.

29.   Application for destruction of records

(1)  A prisoner or detainee may apply to the Director for the destruction of any photograph, impression or electronic record of image included in any record taken under regulation 27 .

(2)  An application is to be in writing and made one year after –

(a) the end of the period for which the prisoner was sentenced; or

(b) the release of the detainee.

(3)  On receipt of an application, the Director may destroy any photograph, impression or electronic record of image, having regard to –

(a) the nature of the offence for which –

(i) the sentence of imprisonment was imposed on the applicant; or

(ii) the applicant was committed to prison; and

(b) the circumstances of that offence; and

(c) the whole of the applicant's criminal record; and

(d) if the applicant was released from prison before the expiration of his or her sentence, his or her conduct since he or she was so released.

30.   Destruction of records 7 years after sentence expires

The Director is to destroy any photograph, impression or electronic record of image contained in any record relating to a prisoner or detainee 7 years after –

(a) the end of the period for which the prisoner was sentenced; or

(b) the release of the detainee.

31.   Restrictions on use of records

A copy of a photograph, impression, electronic record of image, fingerprint or other record of a prisoner or detainee is not to be given to any person other than a person whose duty it is to receive or use it for identification purposes, without the approval of the prisoner or detainee.

PART 6 - Miscellaneous

32.   Procedures on death of prisoner or detainee

Immediately after the death of any prisoner or detainee, the Director is to give notice of the death to –

(a) a coroner; and

(b) if practicable, the senior next of kin of the prisoner or detainee.

33.   Rescission

The regulations specified in Schedule 1 are rescinded.

34.   Savings and transitional

(1)  An order made under section 12B of the Parole Act 1975 is taken to be an order under section 17(2)(b) of the Sentencing Act 1997 .

(2)  An order made under section 12BA(1)(b) of the Parole Act 1975 is taken to be an order under section 18(1)(b) of the Sentencing Act 1997 .

SCHEDULE 1 - Regulations rescinded

Regulation 33

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 29 July 1998

These regulations are administered in the Department of Justice.