corrections (police gaols) regulations 2015file/19-094sr.docx · web viewcorrections (police gaols)...

Corrections (Police Gaols) Regulations 2015S.R. No. 94/2015

TABLE OF PROVISIONS

Regulation Page

1 Objective 12 Authorising provision 13 Commencement 14 Revocation 15 Definitions 26 Detained persons to give certain information 27 Power to take photographs of detained persons 28 Receipt of seized articles or substances 39 Register of seized articles or substances 410 Dealing with seized articles or substances 411 Management of visitors in police gaols 512 Communication with detained persons 713 Exchange of articles to or from detained persons 814 Directions to detained persons 815 Offences by detained persons 816 Investigation by officer in charge 1017 Power to restrain detained persons 1018 Transfers of detained persons 11

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Endnotes 12

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STATUTORY RULES 2015

S.R. No. 94/2015

Corrections Act 1986

Corrections (Police Gaols) Regulations 2015

The Governor in Council makes the following Regulations:

Dated: 18 August 2015

Responsible Minister:

WADE NOONANMinister for Corrections

YVETTE CARISBROOKEClerk of the Executive Council

1 Objective

The objective of these Regulations is to provide for the management, administration and security of police gaols and for the safe custody and welfare of the people detained in them.

2 Authorising provision

These Regulations are made under section 112 of the Corrections Act 1986.

3 Commencement

These Regulations come into operation on 23 August 2015.

4 Revocation

The Corrections (Police Gaols) Regulations 20051 are revoked.

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5 Definitions

In these Regulations—

child means a person under the age of 18 years;

detained person has the same meaning as in section 104A of the Corrections Act 1986;

drug of dependence has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981;

officer in charge has the same meaning as in section 104A of the Corrections Act 1986.

6 Detained persons to give certain information

(1) A detained person must, at the request of a police officer, give—

(a) the person's full name; and

(b) the person's date of birth; and

(c) the person's residential address immediately before the person was detained.

Penalty: 2 penalty units.

(2) A person must not, without reasonable excuse, give information which is false or misleading in response to a request made under subregulation (1).


7 Power to take photographs of detained persons

(1) A police officer may take photographs of a detained person for the purpose of identification or the compilation of records concerning the person at any time after the person is detained.

(2) A photograph referred to in subregulation (1) may be taken—

(a) in a police gaol; or


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(b) in the vicinity of a police gaol and within a police station.

(3) A police officer may give to a detained person all necessary directions to enable the taking of accurate photographs under subregulation (1).

8 Receipt of seized articles or substances

(1) A police officer who seizes an article or substance under section 104D of the Corrections Act 1986 must provide a receipt to the person from whom it was seized.

(2) A receipt must contain—

(a) a description of the seized article or substance, including the quantity (if known); and

(b) the name of the person from whom the article or substance was seized (if known); and

(c) any information about the ownership of the article or substance, which is available at the time of providing the receipt, including—

(i) information that another person is or may be the owner of the article or substance; and

(ii) the name and address of that person (if that information is provided by the person from whom the article or substance was seized); and

(d) the time and date of the seizure; and

(e) information about how the article or substance is intended to be dealt with (if known); and

(f) the name and signature of the police officer who seized the article or substance.


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9 Register of seized articles or substances

(1) The officer in charge must establish and maintain a register of all articles or substances seized in the police gaol under section 104D of the Corrections Act 1986.

(2) The officer in charge must ensure that, in respect of each article or substance seized in a police gaol, an entry is made in the register that contains—

(a) the information required in regulation 8(2)(a) to (e); and

(b) the name of the police officer who seized the article or substance; and

(c) information about how the article or substance was dealt with under regulation 10.

10 Dealing with seized articles or substances

(1) An article or substance seized under section 104D of the Corrections Act 1986 must be dealt with in accordance with this regulation.

(2) Where the article or substance may be required as evidence of an offence, the officer in charge must direct that the article or substance is retained.

(3) Where the article or substance has been forfeited, or may otherwise be disposed of under law, the officer in charge must direct that the article or substance is disposed of in a manner allowed by law.

(4) Where subregulation (2) or (3) does not apply, an officer in charge must direct that the article or substance be—

(a) returned to the person from whom it was seized; or


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(b) returned to the owner of the article or substance if reasonably practicable in the circumstances and the officer in charge forms the reasonable belief that the person from whom the article or substance was seized is not entitled at law to possess it; or

(c) stored as part of the property of the detained person from whom the article or substance was seized.

11 Management of visitors in police gaols

(1) With the permission of the officer in charge, any person may enter the police gaol and visit a detained person.

(2) If a person wishing to visit a detained person is a lawyer acting in the course of the lawyer's practice, the officer in charge—

(a) must not unreasonably refuse permission to the lawyer to visit the police gaol; and

(b) in deciding whether to give or refuse permission to the lawyer to visit the police gaol must have regard to—

(i) the interests of the security of the police gaol and the safe custody of any person held at the police gaol; and

(ii) the principle that a person held in custody should, in the interests of justice, have reasonable access to a legal representative.

(3) If a person wishing to visit a police gaol is a child, the officer in charge may require that the person is accompanied by a parent or guardian.

(4) A person wishing to visit, or visiting, a police gaol under this regulation must, at the request of a police officer—


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(a) state the person's name, date of birth and residential address; and

(b) provide documentary or other evidence of the person's identity to the satisfaction of the police officer.

(5) The information requested by the police officer under subregulation (4) in relation to a child must be reasonable in the circumstances.

(6) It is sufficient compliance with subregulation (4)(b) for a person to produce—

(a) one of the following documents—

(i) a passport;

(ii) a driver licence;

(iii) a document issued by a public statutory authority bearing the name and photograph of the person; or

(b) any 2 of the following documents—

(i) a full birth certificate or extract of birth;

(ii) a certificate of Australian citizenship;

(iii) a marriage certificate;

(iv) a Seniors Card issued by the Government of a State or Territory;

(v) a health care card;

(vi) a pensioner concession card;

(vii) any other card issued by a Commonwealth Government Department that certifies entitlement to Commonwealth health concessions.

(7) A person must not, in response to a request made under subregulation (4), give any information, document or material that is false or misleading.



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(8) If a person fails to comply with a request made under subregulation (4), or the police officer believes on reasonable grounds that a person has contravened subregulation (7), the police officer may—

(a) make an order prohibiting the person from entering the police gaol to visit a detained person; or

(b) order the person to leave the police gaol immediately.

(9) A person must comply with an order made under subregulation (8).


(10) The officer in charge may order a visitor to leave the police gaol immediately if the officer in charge believes on reasonable grounds that the order is necessary for the security, good order and management of the police gaol or for the safety of any person at the police gaol.

(11) A person must comply with an order made under subregulation (10).


12 Communication with detained persons

(1) A person must not communicate, or attempt to communicate, with a detained person in a way that the person knows, or ought reasonably to know, has not been authorised by the officer in charge.


(2) Subregulation (1) does not prevent a communication made in—

(a) the carrying out of an official duty; or


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(b) the carrying out of a power, function or duty under an Act or subordinate instrument; or

(c) the doing of an act authorised by the Chief Commissioner of Police.

13 Exchange of articles to or from detained persons

(1) A person must not give, send or receive anything or attempt to give, send or receive anything to or from a detained person in a way that the person knows, or ought reasonably to know, has not been authorised by the officer in charge.

Penalty:10 penalty units.

(2) Subregulation (1) does not prevent the giving, sending or receiving of anything or an attempt to give, send or receive anything, in—

(a) the carrying out of an official duty; or

(b) the carrying out of a power, function or duty under an Act or subordinate instrument; or

(c) the doing of an act authorised by the Chief Commissioner of Police.

14 Directions to detained persons

A police officer may give to a detained person any direction that the police officer believes on reasonable grounds is necessary for the security, good order or management of the police gaol or for the safety of any person at the police gaol.

15 Offences by detained persons

(1) A detained person must not act, or threaten to act, in a way—

(a) that is prejudicial to, or that threatens, the security, good order or management of the police gaol; or


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(b) that is prejudicial to, or that threatens, the safety of any person in the police gaol or of any person who is involved in the administration of, or in providing a service to, or in relation to, the police gaol; or

(c) that might cause damage to the police gaol or the loss of, or damage to, any property at the police gaol.


(2) A detained person must not act in a disruptive, abusive or indecent manner, whether by language or conduct to any person in the police gaol or to any person who is involved in the administration of, or in providing a service to, or in relation to, the police gaol.


(3) A detained person must not exchange, give or receive or attempt to exchange, give or receive, without lawful authority, any article or substance that is prejudicial to, or threatens the security, good order or management of the police gaol.


(4) A detained person must not knowingly wear or possess any thing that jeopardises, or that is likely to jeopardise, the security or good order of the police gaol or the safety of people in the police gaol, other than any thing which a person is authorised by the officer in charge to wear or possess.


(5) A detained person who is authorised to take or use a drug of dependence must not take or use or attempt to take or use that drug otherwise than in accordance with the authorisation.



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(6) A detained person must not disobey a lawful direction of a police officer given under the Corrections Act 1986 or these Regulations.


16 Investigation by officer in charge

(1) If the officer in charge suspects that a detained person has contravened these Regulations, the officer in charge must investigate the matter.

(2) In investigating a matter under subregulation (1), the officer in charge must give the person who is alleged to have contravened these Regulations an opportunity to be heard in relation to the matter.

(3) If, after investigating a matter, the officer in charge is satisfied that the person has contravened these Regulations, the officer in charge may, having regard to the seriousness of the contravention—

(a) take no further action; or

(b) reprimand the person; or

(c) refer the matter to be dealt with under the criminal law.

17 Power to restrain detained persons

(1) The officer in charge may apply, or authorise a police officer to apply, an instrument of restraint to a detained person—

(a) while the person is being moved under escort from one place to another if the officer in charge believes on reasonable grounds that the restraint is necessary to ensure the secure transfer of the person; or

(b) if the officer in charge believes on reasonable grounds that—

(i) exceptional circumstances exist; and


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(ii) the restraint is necessary to prevent an assault on, or injury to, any person, or substantial damage to property.

(2) A police officer applying an instrument of restraint in accordance with subregulation (1) must do so in the manner for the time being determined by the Chief Commissioner of Police.

18 Transfers of detained persons

(1) The Chief Commissioner of Police may, by instrument, authorise the transfer of a detained person in the legal custody of the Chief Commissioner from—

(a) a police gaol to another police gaol; or

(b) a police gaol to a hospital or other facility for the purpose of medical assessment, care or treatment of the detained person; or

(c) a hospital or other facility to another hospital or other facility for the purpose of medical assessment, care or treatment of the detained person; or

(d) a hospital or other facility to a police gaol.

(2) The Chief Commissioner of Police must not include in an instrument of transfer, made under subregulation (1), a provision that is inconsistent with any Order of a court in force in relation to the custody or place of detention of the detained person proposed to be transferred.Note

Other provisions for the transfer or return of detained persons and the custody of such persons can be found in the Corrections Act 1986, the Mental Health Act 2014, the Disability Act 2006 and the Children, Youth and Families Act 2005 (this list is not exhaustive).

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Endnotes

Endnotes


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1 Reg. 4: S.R. No. 101/2005.

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Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2015 is $151.67.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

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