Procedure - Interviewing Offenders

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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

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