Title: Offender Marriages
Category: Offender Management
Implement Date: 26 March 2010
Application: Custodial Operations
Appendices and Forms
|5.||Conduct of the ceremony|
|8.||Change of name|
To provide a process for the Chief Executive to:-
Section 26 Corrective Services Act 2006
Marriage Act 1961 (Cth)
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.
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.
The general manager, when considering an application by an offender to marry in a corrective services facility, must take the following into account-
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.
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.
If the general manager grants an offender approval for the offender to marry within a corrective services facility-
The general manager of the facility must determine the-
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.
If the offender intends to change his/her name as a result of the marriage refer procedure - Change of Name by an Offender.
26/03/2010 Version 03 - 28/08/2006 Version 02 - 04/10/2005 Version 01 - 01/07/2001 Version 00