Corrections Amendment (Smoke-Free Prisons and Other Matters) Regulations 2014

Corrections Amendment (Smoke-Free Prisons and Other Matters) Regulations 2014

S.R. No. 147/2014

table of provisions

RegulationPage

Part 1—Preliminary

1Objective

2Authorising provision

3Commencement

4Principal Regulations

Part 2—Establishment of Case Management Review Committees and Other Minor and Consequential Amendments

5Prescription of instruments of restraint and their manner of use

6Regulation 24 substituted and new regulations 24A to 24C inserted

24Establishment and functions of case management review committees

24AAppointment of case management review committees

24BVariation of classification

24CSecretary may make rules

7Determination of classification

8Visits by police

9Record of seized articles

10Dealing with seized articles or substances

11Other terms and conditions of a parole order

12Warrant under section 77(6)(a)

13Register of seized articles or substances

14Dealing with seized articles or substances

15Schedule 2—Order to bring a prisoner before a court or coroner

16Schedule 4 amended

17Schedule 7—Warrant for apprehension and return to prison

18Schedule 10 amended

Part 3—Amendments Relating to the Corrections Amendment (Smoke-Free Prisons) Act 2014

19Definitions

20Entry of property

21New Division 15 of Part 3 inserted

Division 15—Smoking

49AOffence to smoke at a prison

22Prison offences

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Part 3—Amendments Relating to the Corrections Amendment (Smoke-Free Prisons) Act 2014

Corrections Amendment (Smoke-Free Prisons and Other Matters) Regulations 2014

S.R. No. 147/2014

statutory rules 2014

S.R. No. 147/2014

Part 3—Amendments Relating to the Corrections Amendment (Smoke-Free Prisons) Act 2014

Corrections Amendment (Smoke-Free Prisons and Other Matters) Regulations 2014

S.R. No. 147/2014

Corrections Act 1986

Part 3—Amendments Relating to the Corrections Amendment (Smoke-Free Prisons) Act 2014

Corrections Amendment (Smoke-Free Prisons and Other Matters) Regulations 2014

S.R. No. 147/2014

Corrections Amendment (Smoke-Free Prisons and Other Matters) Regulations 2014

Part 3—Amendments Relating to the Corrections Amendment (Smoke-Free Prisons) Act 2014

Corrections Amendment (Smoke-Free Prisons and Other Matters) Regulations 2014

S.R. No. 147/2014

The Governor in Council makes the following Regulations:

Dated: 30 September 2014

Responsible Minister:

EDWARD O'DONOHUE

Minister for Corrections

YVETTE CARISBROOKE

Clerk of the Executive Council

Part1—Preliminary

1Objective

The objective of these Regulations is to amend the Corrections Regulations 2009—

(a)to prescribe an instrument of restraint that may be applied to a prisoner; and

(b)to provide for the appointment of case management review committees; and

(c)as a consequence of the enactment of the Corrections Amendment (Smoke-Free Prisons) Act 2014 and the Victoria Police Amendment (Consequential and Other Matters) Act 2014; and

(d) tomake otherminor and technical amendments to the Regulations.

2Authorising provision

r. 2

These Regulations are made under section112 of the Corrections Act 1986.

3Commencement

(1) These Regulations, except regulations 6 and 7 and Part 3, come into operation on 1 October 2014.

(2)Regulations 6 and 7 come into operation on 1December 2014.

(3)Part 3 comes into operation on 1 July 2015.

4Principal Regulations

In these Regulations, the Corrections Regulations 2009[1]are called the Principal Regulations.

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Part 2—Establishment of Case Management Review Committees and Other Minor and Consequential Amendments

5Prescription of instruments of restraint and their manner of use

r. 5

(1)In regulation 13(4) of the Principal Regulations—

(a) in paragraph (d),for "body." substitute"body;";

(b)after paragraph (d) insert—

"(e) one or more chains connected to—

(i) any of the instruments of restraint in paragraphs (a) to (d); or

(ii)one or more fixtures that secure any part of the body.

Example

An example of a chain connected in accordance with subparagraph (ii) is a chain that is connected to a handcuff at one end and an ankle bracelet at the other end that secures to the prisoner and to a secure fixture when the prisoner is on a hospital bed or in a wheelchair.".

(2)After regulation 13(4) of the Principal Regulations insert—

"(4A) Any of the instruments of restraint in subregulation (4) may be secured with one or more locks.".

6Regulation 24 substituted and new regulations 24A to 24C inserted

r. 6

For regulation 24of the Principal Regulationssubstitute—

"24 Establishment and functions of case management review committees

(1)In each prison there is to be one or more case management review committees.

(2)A case management review committee has the following functions—

(a)to oversee the case management of prisoners;

(b)to review prisoners' classification, subject to any rules made by the Secretary under regulation 24C;

(c)to consider prisoners' access to programmes;

(d)to monitor prisoners' welfare.

(3)A case management review committee must—

(a)meet with the frequency determined by the Secretary; and

(b)conduct its procedures in the manner determined by the Secretary; and

(c)establish and maintain the records determined by the Secretary.

24AAppointment of case management review committees

The Secretary may—

(a)appoint members to a case management review committee; and

(b)determine the terms and conditions of appointment.

24BVariation of classification

(1)A case management review committee may—

(a)subject to any rules made in accordance with regulation 24C, vary the classification of a prisoner; or

(b)make recommendations to a sentence management panel regarding the classification of a prisoner.

(2)The Secretary or sentence management panel, at any time, may vary a decision made by a case management review committee in relation to a prisoner's classification.

24CSecretary may make rules

The Secretary may make rules for the following—

(a)the variation of the classification of prisoners and the exercise by case management review committees of the power to vary prisoners' classification;

(b)the composition of case management review committees;

(c)the conduct of proceedings of case management review committees.".

7Determination of classification

r. 7

In regulation 25 of the Principal Regulations, for "review and assessment committee," substitute "case management review committee,".

8Visits by police

r. 8

In regulation 62 of the Principal Regulations, for "A member of the police force" substitute "Apolice officer".

9Record of seized articles

In regulation 73(3) of the Principal Regulations, for "the member of the police force" substitute "the police officer".

10Dealing with seized articles or substances

In regulation 74(1) of the Principal Regulations, for "a member of the police force" substitute "apolice officer".

11Other terms and conditions of a parole order

(1)In regulation 83B(1)(o) of the Principal Regulations, for "authorised"substitute"approved".

(2)After regulation 83B(1) of the Principal Regulations insert—

"(1A) For the purposes of subregulation (1)(m) and(n), the period of an approval in writing by the Regional Manager must not exceed 21days.".

12Warrant under section 77(6)(a)

(1)In the heading to regulation 87 of the Principal Regulations, for "section 77(6)(a)" substitute "section 77B(1)(a)".

(2)In regulation 87(1) of the Principal Regulations, for "section 77(6)(a)" substitute "section 77B(1)(a)".

13Register of seized articles or substances

In regulation 93(3) of the Principal Regulations, for "the member of the police force" substitute "the police officer".

14Dealing with seized articles or substances

r. 14

In regulation 94(3) of the Principal Regulations, for "a member of the police force" substitute "apolice officer".

15Schedule 2—Order to bring a prisoner before a court or coroner

(1)In Schedule 2 to the Principal Regulations, for "members of the police force"(where twice occurring) substitute"police officers".

(2)In Schedule 2 to the Principal Regulations, for "MEMBERS OF THE POLICE FORCE" substitute "POLICE OFFICERS".

16Schedule 4 amended

(1)In item 25 of Form 1 of Schedule 4 to the Principal Regulations, for "authorised"substitute "approved".

(2)In item 25 of Form 3 of Schedule 4 to the Principal Regulations, for "authorised"substitute"approved".

17Schedule 7—Warrant for apprehension and return to prison

(1)In Schedule 7 to the Principal Regulations, for "all members of the Police Force"substitute "all police officers".

(2)In Schedule 7 to the Principal Regulations, for "any member of the police force" substitute "anypolice officer".

18Schedule 10 amended

(1)In Form 1 of Schedule 10to the Principal Regulations—

(a)for"all members ofthe Police Force"substitute "all police officers";

(b)after "be detained" insert "in a prison or a police gaol";

(c)for "any member of the police force" substitute "any police officers";

(d)for "Member of the Adult Parole Board" substitute "Member/Secretary of the Adult Parole Board".

(2)In Form 2 of Schedule 10to the Principal Regulations—

(a)for"all members ofthe Police Force"substitute "all police officers";

(b)after "be detained" insert "in custody";

(c)for "Member of the Adult Parole Board" substitute "Member/Secretary of the Adult Parole Board".

(3)In Form 3 of Schedule 10 to the Principal Regulations—

r. 18

(a)for"all members ofthe Police Force"substitute "all police officers";

(b)after "be detained" insert "in a prison or apolice gaol";

(c)after "prisoner's detention" insert "in a prison or apolice gaol";

(d)for "Member of the Adult Parole Board" substitute "Member/Secretary of the Adult Parole Board".

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Part 3—Amendments Relating to the Corrections Amendment (Smoke-Free Prisons) Act 2014

19Definitions

r. 19

In regulation 5(1)of the Principal Regulations, for the definition of unauthorised substanceor articlesubstitute—

"unauthorised substanceor articlemeans a substance or article specified in regulation 33(1).".

20Entry of property

After regulation 33(1)(e) of the Principal Regulations insert—

"(ea) tobacco product;

(eb) tobacco smoking accessory;".

21New Division 15 of Part 3 inserted

After Division 14 of Part 3 of the Principal Regulations insert—

"Division 15—Smoking

49A Offence to smoke at a prison

A person must not smoke or use a tobacco product at a prison or in any part of a prison.

Penalty:10 penalty units.".

22Prison offences

For regulation 50(g) of the Principal Regulations substitute—

"(g) smoke or use a tobacco product; or".

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Corrections Amendment (Smoke-Free Prisons and Other Matters) Regulations 2014

S.R. No. 147/2014

ENDNOTES

Endnotes

[1]Reg. 4: S.R. No. 40/2009 as amended by S.R. Nos 135/2009, 15/2013, 12/2014 and 20/2014.