We’re developing a new legislation website and need your feedback.
You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Contents (2008 - 376)
Skip to content
Crimes (Administration of Sentences) Regulation 2008
Repealed version for 11 April 2014 to 31 August 2014 (accessed 6 April 2020 at 16:18)
Chapter 2 Part 2.3
Part 2.3 Correctional centre routine
Division 1 Separation and accommodation
30   Separation of different classes of inmates
(1)  For the purposes of this clause, each inmate is to be included in one of the following classes:
(a)  convicted inmate,
(b)  unconvicted inmate,
(c)  civil inmate.
(2)  As far as practicable inmates of any class are to be kept separate from inmates of any other class.
(3)  Within each class, the Commissioner may direct that the following inmates be kept separate from other inmates:
(a)  those inmates who have not previously been imprisoned,
(b)  those inmates who would be at risk if not separated from other inmates,
(c)  those inmates who are forensic patients within the meaning of the Mental Health Act 2007,
(d)  those inmates who are detained under a preventative detention order within the meaning of Part 2A of the Terrorism (Police Powers) Act 2002,
(e)  those inmates who are imprisoned:
(i)  pursuant to a warrant issued by the Commissioner of Fines Administration under section 87 of the Fines Act 1996, or
(ii)  as fine defaulters under the laws of the Commonwealth or the Australian Capital Territory.
31   Separation of sexes
Female inmates must be kept separate from male inmates except in such circumstances and under such supervision as the Commissioner determines.
32   Separation for health reasons
Inmates found or suspected to be in an infectious or verminous condition may be kept separate from other inmates.
33   Accommodation
(1)  Each inmate of a correctional centre is to be housed in a cell or dormitory, by himself or herself or with one or more other inmates, as the general manager or an authorised officer considers appropriate.
(2)    (Repealed)
(3)  Each inmate must be provided with a separate bed and sufficient clean bedding to suit the climatic conditions.
Division 2 Correctional centre routine
34   Hours of work and general routine
(1)  The Commissioner is to determine the hours of work and general routine for each correctional centre.
(2)  The Commissioner may determine different hours of work and different general routines for different parts of a correctional centre.
35   Restriction on work that civil inmates and unconvicted inmates may be required to perform
(1)  Civil inmates and unconvicted inmates are not to be required to work otherwise than as provided by this clause.
(2)  The general manager of a correctional centre may require a civil inmate or unconvicted inmate to ensure that any yard or other section of the correctional centre that he or she uses is kept clean.
(3)  A civil inmate or unconvicted inmate must comply with any requirement under this clause.
Note.
 Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.
36   Inmates to comply with correctional centre routine
An inmate must comply with the hours of work and general routine for the correctional centre or part of the correctional centre in which the inmate is detained.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
37   Inmates not to enter other cells
An inmate must not enter a cell that has not been allocated for use by the inmate otherwise than:
(a)  with the permission of the general manager or a correctional officer, or
(b)  in compliance with a direction given by the general manager or a correctional officer.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
38   Calls to muster
An inmate must immediately attend at any place designated by the general manager, either generally or in a particular case, as a place for mustering inmates:
(a)  when required orally to do so by the general manager or a correctional officer, or
(b)  when summoned by a bell, hooter, siren or whistle used for that purpose.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
39   Misuse of bells, hooters, sirens and whistles
An inmate must not operate a bell, hooter, siren or whistle used:
(a)  for calling to muster, or
(b)  for giving notice of a fire or other emergency, or of a fire or other emergency drill, or
(c)  for giving notice of any other correctional centre routine,
unless the inmate is authorised to do so by the general manager or a correctional officer or does so with other reasonable excuse.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
40   Avoidance of correctional centre routine
An inmate must not pretend to be ill or injured for the purpose of avoiding the inmate’s obligations under the Act and this Regulation.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
41   Delivery of articles to and from inmates
(1)  Except as otherwise provided by this Part, an inmate must not deliver anything to or receive anything from any other inmate.
(2)  With the approval of an authorised officer, an inmate may deliver an article to another inmate.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
42   Creation or possession of prohibited goods
An inmate must not create, or have in his or her possession, prohibited goods.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
43   Searching of inmates and cells
(1)  A correctional officer may, at such times as the general manager directs and at such other times as the correctional officer considers appropriate:
(a)  search (including strip-search) an inmate, and
(b)  search an inmate’s cell and any property in the cell.
(2)  Except in the case of an emergency, an inmate must not be strip-searched by or in the presence of a person of the opposite sex.
(3)  The searching of an inmate and the inmate’s cell must be conducted with due regard to dignity and self-respect and in as seemly a manner as is consistent with the conduct of an effective search.
(4)  An inmate must not resist or impede the conduct of a search carried out under this clause.
Note.
 Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.
(5)  In this clause, strip-search means a search of a person or of articles in the possession of a person that may include:
(a)  requiring the person to remove all of his or her clothes, and
(b)  an examination of the person’s body (but not of the person’s body cavities) and of those clothes.
44   Property to be kept in a tidy and orderly manner
(1)  An inmate must keep his or her property in a tidy and orderly manner and so as not to impede a search of the inmate’s cell.
Note.
 Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.
(2)  The quantity of property that an inmate keeps in his or her cell is not to exceed such quantity as the general manager may determine and, if it does, the general manager may confiscate such of the property as is necessary to reduce the excess.
(3)  Anything confiscated under this clause:
(a)  is to be dealt with as if it had been surrendered on reception into a correctional centre, or
(b)  is to be disposed of by the general manager in such a manner as is reasonable in the circumstances (taking into account the nature of the material).
45   Books and other material
(1)  An inmate may purchase:
(a)  any book, newspaper or magazine, and
(b)  any record, cassette, CD or DVD.
(2)  Despite subclause (1), the general manager may refuse to allow an inmate to purchase, and may confiscate, any such book, newspaper, magazine, record, cassette, CD or DVD if of the opinion that it contains:
(a)  anything that, in the opinion of a nominated officer, is likely to prejudice the good order and security of the correctional centre, or
(b)  any threatening, offensive, indecent, obscene or abusive written or pictorial matter, or
(c)  any offensive, indecent or obscene article.
(3)  Anything confiscated under this clause:
(a)  is to be dealt with as if it had been surrendered on reception into a correctional centre, or
(b)  is to be disposed of by the general manager in such a manner as is reasonable in the circumstances (taking into account the nature of the material).
46   Transfer of property
The property of an inmate who is transferred from one correctional centre to another is to be delivered to the general manager of the new correctional centre, together with a copy of any record kept by the general manager of the former correctional centre in relation to the property.
Division 3 Food
47   Diet
(1)  An inmate must be supplied each day with food in accordance with a diet designed to provide a dietary intake generally in accordance with the recommended dietary intakes published by the National Health and Medical Research Council.
(2)  The diet:
(a)  must be varied, and
(b)  must provide adequate amounts of each essential nutrient from basic foods, and
(c)  must be planned to ensure optimal nutritional health.
(3)  The diet of an inmate having special dietary needs is to be planned having regard to those needs.
48   Complaints about correctional centre food
(1)  An inmate wishing to complain about the quantity or quality of the food supplied by a correctional centre must do so promptly.
(2)  The inmate is responsible for substantiating the complaint.
49   Purchase of food by inmates
(1)  The general manager of a correctional centre may permit an inmate:
(a)  to purchase food available for purchase at the centre or outside the centre, or
(b)  to arrange for the supply of food from outside the centre.
(2)  An inmate must not purchase food, or arrange for the supply of food from outside a correctional centre, unless permitted to do so as referred to in subclause (1).
(3)  An inmate must not receive or have in his or her possession any food other than food supplied by a correctional centre or food that he or she is permitted to purchase or be supplied with under this clause.
(4)  An inmate supplied with food from outside a correctional centre must ensure that none of it is received by another inmate.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
Division 4 Health and cleanliness
50   Daily exercise
(1)  Each inmate (other than one who is confined to cell under section 53 or 56 of the Act) is to be allowed at least 2 hours each day for exercise in the open air.
(2)  Each inmate who is confined to cell under section 53 or 56 of the Act is to be allowed at least 1 hour each day for exercise in the open air.
(3)  An inmate’s entitlement to exercise under this clause is subject to such practical limitations as may from time to time arise in connection with the administration of the correctional centre concerned.
51   Dental and optical treatment and artificial medical appliances
Dental treatment, optical treatment and hearing aids and other artificial medical appliances are to be supplied to inmates in such manner and to such extent as the Chief Executive Officer, Justice Health, from time to time determines.
52   Destruction of unhygienic property
(1)  Any food, personal effects or articles of clothing belonging to an inmate at a correctional centre may be destroyed if the general manager considers it necessary for the maintenance of hygiene.
(2)  Before any such property is destroyed, the general manager must, if practicable, cause the inmate to be informed of the proposed destruction and the reason for its destruction.
53   Personal cleanliness
An inmate must obey directions given by or with the authority of the general manager, either generally or individually, in regard to washing, showering, bathing, shaving and hair cutting.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
54   Wearing of correctional centre clothing
(1)  Unless otherwise authorised by the general manager, an inmate must at all times wear the uniform clothing and footwear issued to the inmate, and must not at any time wear any other clothing.
(2)  This clause does not apply to an inmate while attending court.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
55   Cleanliness of cells and their contents
(1)  An inmate must keep the inmate’s accommodation, utensils, clothing, bedding and any other issued articles clean, tidy and in good order and in accordance with any directions given by a correctional officer.
(2)  An inmate must not wilfully damage, destroy or deface any part of the correctional centre.
(3)  An inmate must not dispose of, or wilfully alter, damage or destroy, any clothing, bedding or other article issued to the inmate.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
56   Condoms and dental dams
(1)  Condoms (together with plastic disposal bags) are to be made available free of charge in each correctional centre in which there are male inmates, and disposal units are to be installed in each such correctional centre for their disposal.
(2)  Dental dams (together with plastic disposal bags) are to be made available free of charge in each correctional centre in which there are female inmates, and disposal units are to be installed in each such correctional centre for their disposal.
(3)  An inmate must not obtain possession of any condom or dental dam otherwise than:
(a)  from a dispensing machine installed in the correctional centre for use by inmates, or
(b)  in accordance with such other arrangements as are approved by the general manager of that correctional centre.
(4)  An inmate must not use a condom or dental dam otherwise than for the purpose of sexual activity.
(5)  As soon as practicable after using a condom or dental dam, an inmate must dispose of it:
(a)  by placing it in a plastic disposal bag, and
(b)  by placing the plastic disposal bag in a disposal unit.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
Division 5 Inmate services and programs
57   Inmate services and programs
(1)  The Commissioner may provide an inmate with services and programs that:
(a)  offer the inmate an opportunity to develop skills, behaviours and attitudes that lessen the likelihood of the inmate re-offending, or
(b)  contribute to the inmate living in society after release from custody, or
(c)  promote the health, safety and well-being of the inmate.
(2)  Without limiting subclause (1), such services and programs may include any of the following:
(a)  welfare services,
(b)  services for inmates who have disabilities,
(c)  alcohol and other drug counselling services,
(d)  psychological counselling services,
(e)  literacy and numeracy programs,
(f)  educational and vocational training programs, including the provision of libraries,
(g)  pre-release and post-release programs to enable inmates to adapt to normal lawful community life,
(h)  sports and recreational activities.
(3)  In the exercise of a function under this clause, the Commissioner must give special attention to the needs of inmates who have low literacy or numeracy.
(4)  The Commissioner must also give special attention to the needs of inmates who have a disability.
(4A)  The Commissioner may prepare a plan outlining the services and programs to be made available to an inmate who is not a convicted inmate or for whom a case plan is not otherwise required under Division 1A of Part 2.2.
Note.
 Case plans are generally required to be prepared for all convicted inmates under Division 1A of Part 2.2. A case plan indicates the services and programs that an inmate should be encouraged to participate in and deals with other matters relating to the management of the inmate.
(5)  Services and programs may be provided by correctional officers or by other persons approved by the Commissioner.
(6)  A person employed or otherwise engaged in the provision of a service or program:
(a)  is subject to the directions of the Commissioner in respect of the nature and scope of the service or program and its method of delivery, and
(b)  is subject to the directions of the general manager in respect of any matter affecting the good order and security of the correctional centre.
58   Behaviour of inmates participating in services and programs
While participating in a service or program provided under this Part, an inmate must comply with any lawful and reasonable direction of the person employed or otherwise engaged in the provision of the service or program.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
58A   High risk violent offenders
(1)  This Division applies, with any necessary modifications, in respect of high risk violent offenders who are not inmates in the same way as it applies in respect of inmates.
(2)  For that purpose, a reference to an inmate includes a reference to a high risk violent offender.
(3)  In this clause, high risk violent offender has the meaning given by section 271A of the Act.
Division 6 Spiritual welfare
59   Accreditation of chaplains
(1)  A minister of religion may not perform the functions of a chaplain in a correctional centre unless the minister:
(a)  is accredited by the Commissioner in accordance with subclause (2), and
(b)  is permitted by the appropriate authority for the religious organisation of which the minister is a member to work as a chaplain in the correctional centre.
(2)  The Commissioner may, by instrument in writing, accredit a minister of religion who has been endorsed by the Civil Chaplaincies Advisory Committee to work as a full-time, part-time or sessional chaplain to inmates, correctional officers and departmental officers at a correctional centre.
(3)  The Commissioner must not accredit a minister of religion unless the minister has undergone a criminal record check and been found by the Commissioner to be suitable to work as a chaplain in the centre.
(4)  The Commissioner may, at any time, by instrument in writing, revoke any such accreditation.
(5)  The Commissioner must give to the Civil Chaplaincies Advisory Committee written notice of any revocation.
60   Privileges of accredited chaplains
(1)  With the approval of the general manager, an accredited chaplain:
(a)  may, when visiting a correctional centre, be accompanied by assistants, whether ministers of religion or lay persons who are wholly or partly engaged in duties of a religious nature, and
(b)  may arrange for inmates to be visited by persons suitably qualified in counselling, vocational guidance or other services, and
(c)  may authorise, in writing, another minister of religion to act in his or her place during his or her absence.
(2)  A person who is authorised to act for an accredited chaplain is taken to be an accredited chaplain for the purposes of this Division.
(3)  An accredited chaplain is answerable to the Commissioner for the conduct of any assistant who accompanies the accredited chaplain when visiting a correctional centre.
61   Responsibilities of accredited chaplains
(1)  An accredited chaplain is responsible for the spiritual care of inmates, correctional officers and departmental officers at the correctional centre to which he or she is accredited.
(2)  An accredited chaplain’s responsibilities include:
(a)  visiting inmates who are sick, injured, confined to cell or segregated from other inmates, and
(b)  visiting inmates (or arranging for them to be visited by another minister of religion of the same denomination) in circumstances in which they are suffering from a potentially fatal illness or injury.
62   Powers of accredited chaplains
(1)  On Sundays or other recognised days of religious observance, and on such other days as the general manager may permit, an accredited chaplain:
(a)  may hold or conduct such rites, services or assemblies as pertain to the accredited chaplain’s denomination, or
(b)  with the permission of the general manager, may hold or conduct combined services in association with ministers of religion of other denominations.
(2)  An accredited chaplain may minister to an inmate who is not of the accredited chaplain’s denomination, but only with the consent of the inmate and, if an accredited chaplain of the inmate’s denomination has been appointed to the correctional centre, that accredited chaplain.
(3)  With the approval of the general manager, an accredited chaplain may pursue such matters as the accredited chaplain considers to be in the interests of the welfare of inmates at the correctional centre to which he or she is accredited, and of their families.
63   Access to inmates
(1)  An accredited chaplain is entitled:
(a)  to visit the correctional centre to which he or she is accredited at all reasonable times, but not so as to disturb the ordinary routine of the centre, and
(b)  to have access to inmates of the accredited chaplain’s denomination for the purpose of private and confidential religious ministrations.
(2)  With the approval of the general manager, a minister of religion of a particular denomination who is not accredited in relation to a particular correctional centre:
(a)  may visit the centre, and
(b)  may have access to inmates of that denomination,
if no other minister of religion of that denomination has been accredited for the centre.
(3)  On request by an inmate belonging to a denomination for which no minister of religion has been accredited, the general manager (after consultation with accredited chaplains) may arrange for the inmate to be visited by a minister of religion of that denomination.
(4)  A decision by the general manager to grant a request under subclause (3) does not affect the number of visits and maximum number of visitors to which the inmate may be entitled under clauses 72 and 73.
(5)  A minister of religion is entitled to have access to an inmate under this clause beyond the hearing (but within the sight) of a correctional officer.
(6)  An inmate’s objection to being visited by a minister of religion is to be fully respected.
64   Participation of inmates in religious observances
(1)  An inmate may attend the following rites, services and assemblies conducted at the correctional centre:
(a)  rites, services or assemblies of the inmate’s denomination,
(b)  combined rites, services or assemblies conducted by ministers of religion of the inmate’s denomination in association with ministers of religion of other denominations,
(c)  with the approval of the general manager, rites, services or assemblies of other denominations.
(2)  Religious books, recognised objects of religious devotion and similar items belonging to an inmate are to be treated as approved personal property acquired with the permission of the general manager.
65   Use of chapels
(1)  A correctional centre chapel or a part of a correctional centre chapel that is used for the conduct of rites, services or assemblies may be used for such other purposes that are in keeping with the nature of the building, as may be determined by the general manager after consultation with the relevant accredited chaplains.
(2)  On request by an accredited chaplain, the general manager of a correctional centre must make available:
(a)  a suitable part of the centre as a correctional centre chapel for the conduct of rites, services or assemblies, and
(b)  suitable facilities for the safekeeping of books and other objects used in connection with the conduct of rites, services or assemblies,
if no such correctional centre chapel or facilities currently exist.
(3)  The general manager of a correctional centre is to encourage inmates to use the correctional centre chapel for personal devotion, worship and meditation.
(4)  An inmate must not desecrate or abuse any books or other objects used in connection with the rites, services or assemblies of a religious denomination.
Note.
 Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.
(5)  A correctional officer or departmental officer must not damage any books or other objects used in connection with the rites, services and assemblies of a religious denomination, otherwise than in circumstances where the damage is:
(a)  unavoidable, and
(b)  in the course of a search or of carrying out the officer’s duties.
66   Accredited chaplains may advise committees
(1)  With the approval of the general manager, an accredited chaplain:
(a)  may attend meetings of any committee concerned with the management of the correctional centre to which he or she is accredited, and
(b)  at any such meeting, may offer advice in relation to the welfare of inmates.
(2)  An accredited chaplain is not entitled to vote on any motion or proposal put before such a committee or otherwise to participate in its decisions.
67   Accredited chaplaincy services generally
(1)  The accredited chaplains, in collaboration with the Commissioner and the appropriate religious authorities, may assist in:
(a)  the development of community support for corrective services, and
(b)  the development and extension of accredited chaplaincy services in correctional centres.
(2)  In consultation with the accredited chaplains and appropriate religious authorities, the Commissioner must from time to time review the effectiveness of the accredited chaplaincy services in correctional centres.
68   Exclusion of ministers of religion on grounds of security
The Commissioner may prohibit:
(a)  a particular minister of religion, or
(b)  a minister of religion of a particular denomination,
from visiting a correctional centre if of the opinion that it would be prejudicial to the good order and security of the centre to allow such a visit.
69   Inmates’ religious affiliation
(1)  An inmate who wishes to become a member of a religious denomination, or who wishes to change his or her religious denomination, is to cause written notice of those wishes to be given to the general manager of the correctional centre:
(a)  setting out the inmate’s reasons for wishing to become a member of that denomination, and
(b)  requesting any relevant records kept at the centre to be amended accordingly.
(2)  If satisfied (after consultation with the relevant accredited chaplain) that the request is made in good faith, the general manager is to cause the relevant records to be amended in accordance with the request.
(3)  For the purposes of this Part, an inmate is to be treated as belonging to the religious denomination (if any) that is for the time being shown in the relevant records in relation to the inmate.
(4)  If asked to do so by an accredited chaplain, the general manager must inform the chaplain of the names of all inmates at the correctional centre who are for the time being shown in the relevant records as belonging to the chaplain’s denomination.