Corrections (Police Gaols) Regulations 2015FILE/15-94sr002.docx · Web viewOCPC-VIC, Word 2007,...

Version No. 002

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

Version as at1 December 2015

TABLE OF PROVISIONSRegulation Page

1 Objective 12 Authorising provision 13 Commencement 14 Revocation 15 Definitions 26 Prescribed information and documents of a visitor's identity 28 Receipt of seized articles or substances 39 Register of seized articles or substances 510 Dealing with seized articles or substances 612 Communication with detained persons 713 Exchange of articles to or from detained persons 815 Offences by detained persons 816 Investigation by officer in charge of a police gaol 10

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Endnotes 12

1 General information 12

2 Table of Amendments 14

3 Amendments Not in Operation 15

4 Explanatory details 16

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Version No. 002


Version as at1 December 2015

1 Objective

The objective of these Regulations is to provide for the management, administration and security of police gaols and—

(a) for the safe custody and welfare of detained persons; and

(b) for the manner of dealing with property seized under Part 9A of the Corrections Act 1986; and

(c) for any other matter required to be prescribed under the Corrections Act 1986.

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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Reg. 1 amended by S.R. No. 145/2015 reg. 5.

5 Definitions

In these Regulations—

* * * * *

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

* * * * *

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

6 Prescribed information and documents of a visitor's identity

(1) For the purposes of section 104AC(4)(a) of the Corrections Act 1986, the prescribed information is the person's name, date of birth and residential address.

(2) For the purposes of section 104AC(4)(b) of the Corrections Act 1986, the prescribed documents are—

(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;

2

Reg. 5 def. of child revoked by S.R. No. 145/2015 reg. 6.

Reg. 5 def. of drug of dependence revoked by S.R. No. 145/2015 reg. 6.

Reg. 6 substituted by S.R. No. 145/2015 reg. 7.

(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.

* * * * *

8 Receipt of seized articles or substances

(1) A police officer or a police custody officer who seizes an article or substance under Part 9A of the Corrections Act 1986 (other than under section 104DB(2) of that Act) must provide a receipt to the person from whom it was seized.

(1A) A police custody officer who seizes an article or substance under section 104DB(2) of the Corrections Act 1986 must provide a receipt to the person from whom it was seized if the person from whom the article or substance was seized—

(a) is being supervised at a police gaol; or

(b) is being transported to a police gaol and an officer in charge of a police gaol has made a direction under regulation 10(2), (3) or (4)(b) or (c) in relation to the article or substance; or

3

Reg. 7 revoked by S.R. No. 145/2015 reg. 7.

Reg. 8(1) substituted by S.R. No. 145/2015 reg. 8(1).

Reg. 8(1A) inserted by S.R. No. 145/2015 reg. 8(1).

(c) is being transported to, or supervised at, a place other than a police gaol and an officer in charge of a police gaol has made a direction under regulation 10(2), (3) or (5)(b) in relation to the article or substance.

(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 or police custody officer who seized the article or substance.

(3) A police officer or police custody officer who is required to provide a receipt under this regulation must do so as soon as reasonably practicable.

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Reg. 8(2)(f) amended by S.R. No. 145/2015 reg. 8(2).

Reg. 8(3) inserted by S.R. No. 145/2015 reg. 8(3).

9 Register of seized articles or substances

(1) The officer in charge of a police gaol must establish and maintain a register of all articles and substances seized—

(a) in the police gaol by a police officer or a police custody officer under Part 9A of the Corrections Act 1986 (other than under section 104DB(2) of that Act); or

(b) by a police custody officer under section 104DB(2) of the Corrections Act 1986 from a person who—

(i) is being supervised at the police gaol; or

(ii) is being transported to a police gaol and the officer in charge has made a direction under regulation 10(2), (3) or (4)(b) or (c) in relation to the article or substance; or

(iii) is being transported to, or supervised at, a place other than a police gaol and the officer in charge has made a direction under regulation 10(2), (3) or (5)(b) in relation to the article or substance.

(2) The officer in charge of a police gaol must ensure that, in respect of each article or substance referred to in subregulation (1), 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 or police custody officer who seized the article or substance; and

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

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Reg. 9(2) amended by S.R. No. 145/2015 reg. 9(2)(a)(b).

Reg. 9(2)(b) amended by S.R. No. 145/2015 reg. 9(2)(c).

10 Dealing with seized articles or substances

(1) For the purposes of section 104DE of the Corrections Act 1986, an officer in charge of a police gaol must deal with an article or substance seized under Part 9A of that Act in accordance with this regulation.

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

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

(4) Subject to subregulation (5), where subregulation (2) or (3) does not apply, an officer in charge of a police gaol must direct that the article or substance be—

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

(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.

(5) Where subregulation (2) or (3) does not apply and the article or substance was seized by a police custody officer under section 104DB(2) of the Corrections Act 1986 from a person who is being transported to, or supervised at, a place other than

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Reg. 10(2) amended by S.R. No. 145/2015 reg. 10(2).



Reg. 10(5) inserted by S.R. No. 145/2015 reg. 10(5).

a police gaol, the officer in charge of a police gaol who is informed under section 104DB(3) of that Act must direct that the article or substance be—

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

(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 at that place as part of the property of the person from whom the article or substance was seized.

* * * * *

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 of a police gaol.

Penalty: 5 penalty units.

(2) Subregulation (1) does not prevent a communication made 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.

13 Exchange of articles to or from detained persons

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Reg. 12(1) amended by S.R. No. 145/2015 reg. 12.

Reg. 13(1) amended by S.R. No. 145/2015 reg. 13.

(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 of a police gaol.

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.

* * * * *

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

(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.

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(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 of a police gaol 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.


* * * * *

9


Reg. 15(6) revoked by S.R. No. 145/2015 reg. 15(2).

16 Investigation by officer in charge of a police gaol

(1) If the officer in charge of a police gaol suspects that a detained person has contravened Part 9A of the Corrections Act 1986 or these Regulations, the officer in charge must investigate the matter.

(2) In investigating a matter under subregulation (1), the officer in charge of a police gaol must give the person who is alleged to have contravened Part 9A of the Corrections Act 1986 or these Regulations an opportunity to be heard in relation to the matter.

(3) If, after investigating a matter, the officer in charge of a police gaol is satisfied that the person has contravened Part 9A of the Corrections Act 1986 or 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.

* * * * *

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Reg. 16 (Heading) amended by S.R. No. 145/2015 reg. 16(1).




Regs 17, 18 revoked by S.R. No. 145/2015 reg. 17.

Endnotes1 General information

The Corrections (Police Gaols) Regulations 2015, S.R. No. 94/2015 were made on 18 August 2015 by the Governor in Council under section 112 of the Corrections Act 1986, No. 117/1986 and came into operation on 23 August 2015: regulation 3.

The Corrections (Police Gaols) Regulations 2015 will sunset 10 years after the day of making on 18 August 2025 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).


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• Punctuation

All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).


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2 Table of AmendmentsThis publication incorporates amendments made to the Corrections (Police Gaols) Regulations 2015 by statutory rules, subordinate instruments and Acts.

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Corrections (Police Gaols) Amendment Regulations 2015, S.R. No. 145/2015Date of Making: 1.12.15Date of Commencement: 1.12.15: reg. 3

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3 Amendments Not in OperationThere are no amendments which were Not in Operation at the date of this publication.


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4 Explanatory details


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

——

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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