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

Procedure Properties

Title: Offender Marriages
Category: Offender Management
Version: 03
Implement Date: 26 March 2010
Application: Custodial Operations
Availability: Public

Authority

Appendices and Forms

Procedures

Policy

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

Performance Measures

  • Nil

Procedure - Offender Marriages


Purpose
1.Eligibility
2.Application
3.Approval
4.Counselling
5.Conduct of the ceremony
6.Personal Visitors
8.Change of name

Purpose

To provide a process for the Chief Executive to:-

  1. be notified of an offender in the Chief Executive's custody, of the offender's intention to marry under the Marriage Act 1961(Cth);
  2. consider an application by an offender to marry in a corrective services facility whilst in custody; and
  3. manage an offender approved to be married in a corrective services facility.

Section 26 Corrective Services Act 2006

Marriage Act 1961 (Cth)

1. Eligibility

An offender may be eligible to marry in a corrective services facility, whilst they are in custody.

Where possible, an offender seeking to marry whilst in custody, should be encouraged to marry outside of a corrective services facility.

An offender seeking to marry while in custody, must make a written application to the general manager of the corrective services facility to marry in a corrective services facility.

The general manager may decide not to approve an offender's application to marry in a corrective services facility, if the application is received less than three months prior to the offender's earliest release date from custody.

2. Application

An offender seeking to marry whilst in custody, is responsible for the lodging of the relevant notices under the Marriage Act 1961 and at the offender's own expense.

An offender must make an application to the general manager for permission to marry in a corrective services facility, prior to lodging a notice of intention to marry under the Marriage Act 1961

An offender seeking to marry in a corrective services facility, must seek approval, in writing, from the general manager of that facility using - Form 3 - Notice of Intent to Marry.

3. Approval

The general manager, when considering an application by an offender to marry in a corrective services facility, must take the following into account-

  1. the security and good order of the corrective services facility;
  2. if the application is within three months prior to the offender's earliest release date from custody;
  3. whether the marriage can be conducted outside of a corrective services facility; and
  4. any other matters considered to be relevant.

If the general manager is considering not granting an offender approval to marry in a corrective services facility, the general manager of the corrective services facility should inform the offender in writing they are considering not granting approval and state the reasons why approval is not being considered. The offender should be afforded the opportunity of 21 days to reply, prior to any decision being made.

All decisions relating to an application by an offender for approval to marry in a corrective services facility, must be recorded in the applicant's Offender File, using form 3 - Notice of Intent to Marry. A copy of this form must be provided to the offender.

4. Counselling

Offenders considering marriage in a corrective services facility, should be encouraged to undertake pre-marital counseling with an appropriately qualified person approved by the general manager at the offenders expense.

5. Conduct of the ceremony

Refer procedures - Inter-facility Prisoner Contact; Personal Visitors to Offenders

If the general manager grants an offender approval for the offender to marry within a corrective services facility-

  1. an authorised celebrant approved by the general manager must conduct the ceremony;
  2. the ceremony may take place utilising inter-facility arrangements, as approved by the general manager;
  3. the ceremony must not disrupt the operations of a corrective services facility; and
  4. except for staff normally rostered for duty at facility, the costs associated with a marriage is the responsibility of the offender getting married, including the rostering of additional staff considered necessary for security or other operational reasons.

The general manager of the facility must determine the-

  1. location of the marriage ceremony;
  2. number and identity of attendees;
  3. duration and format of the ceremony;
  4. level of supervision required; and
  5. necessity to restrict or vary ceremony proceedings if particular religious/cultural/requested rites and associated equipment present a security or personal safety risk.

6. Personal Visitors

All invitees attending the marriage ceremony in the corrective services facility, require prior access approval by the general manager. The attendance at the marriage ceremony is considered a personal visit to which the usual visiting protocol applies.

Refer CSA ss 152, 154, 156, 157, 157A.

Also refer to personal visitors to offenders procedure.

7. Notification of marriages

If a decision for approval or non-approval of an offender to marry has the potential for adverse publicity, the Director, Media and Communications must be notified immediately.

8. Change of name

If the offender intends to change his/her name as a result of the marriage refer procedure - Change of Name by an Offender.





KELVIN ANDERSON
Commissioner





Version History

26/03/2010 Version 03 - 28/08/2006 Version 02 - 04/10/2005 Version 01 - 01/07/2001 Version 00