Access keys | Skip to primary navigation | Skip to secondary navigation | Skip to content | Skip to footer |
Problems viewing this site

Procedure Properties

Title: Interviewing Offenders
Category: Offender Management
Version: 02
Implement Date: 28 August 2006
Application: Custodial / Community Operations
Availability: Public

Authority

Appendices and Forms

Procedures

Policies

  • Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence)

Performance Measures

  • Nil

Procedure - Interviewing Offenders


Purpose
1.Approval for access to a corrective service facility
2.Approval to interview an offender
3.Conduct of interviews
4.Approval to conduct research
5.Access by media

Purpose

To provide an approval process for an external organisation or a person who wishes to interview an offender.

1. Approval for access to a corrective service facility

A public, private or community organisation or a person may be granted access to an offender in a corrective services facility to help meet specific needs. Approval may be granted as part of a program of rehabilitation or for an approved activity, for example, post-release employment assistance, alcoholics anonymous or to meet an offender group need, for example, an Aboriginal or Torres Strait Islander Elder or a counselling service provider.

Approval to conduct a program or activity may be granted by a contract or by arrangement with the Department. In all cases however approval for entry into a corrective services facility must be granted by the general manager of the facility and the provisions of section 3 of this procedure apply.

2. Approval to interview an offender

Except for an offender's lawyer, an employee of a law enforcement agency or the Ombudsman, no other person may interview an offender or obtain a written or recorded statement from an offender without the approval of the chief executive or delegate. Note: only the chief executive may grant approval for media access to an offender.

Refer Corrective Services Act 2006 (CSA) s 132.

An accredited visitor, other than a person authorised under (CSA), s 132(2) while carrying out the functions of his/her office or position, may visit an offender, however must not interview the offender without specific approval.

The chief executive or delegate (refer CSA, s 132(2)(d)) may grant approval for an offender to be interviewed provided-

  1. the purpose of interview is considered reasonable;
  2. the security or privacy of any person or of a corrective services facility is not compromised as a result of interview; and
  3. the interview, or any portion of the interview, is not published or made public except with permission of the relevant executive director or deputy director-general.

Refer administrative form - Request to Interview an Offender/Photograph Facility

Approval to conduct research must first be obtained prior to seeking approval for a research related interview. Refer section 4 of this procedure.

3. Conduct of interviews

The written consent of an offender must be obtained prior to an interview being conducted or a written or recorded statement obtained from the offender unless by a person authorised under CSA, s 132(2). Refer administrative form - Consent for Interview

An interview must occur out of the hearing but within the sight of a corrective services officer.

A register recording details of an approved interview must be maintained and contain the-

  1. date and time of interview;
  2. offender's name;
  3. name, address and occupation of the interviewer;
  4. subject matter of interview; and
  5. signature of the general manager of the corrective services facility.

An offender's written consent and a copy of any statement taken must be kept with the register.

4. Approval to conduct research

Approval to-

  1. conduct research in a corrective services facility;
  2. use data held by the Department; and
  3. interview staff or an offender,

may be granted by the Director, Research and Planning.

The approval to conduct research does not authorise access to a corrective services facility or an offender. Approval to access a corrective services facility or to interview an offender must be obtained in accordance with sections 1 and 2 of this procedure.

5. Access by media

Refer procedure - Media Access and Public Speaking Engagements





F P Rockett
Director-General





Version History

28/08/2006 Version 02 - 15/08/2005 Version 01 - 11/07/2001 Version 00