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

Procedure Properties


Title: Official Visitor Review of a Maximum Security Order
Category: Custodial Operations - Standard Operating Procedures
Version: 01
Implement Date: 25 August 2011
Application: Custodial Operations
Availability: Public

Authority

Appendices and Forms

Associated Custodial Operations Standard Operating Procedures

Policies

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

Review Date: July 2012

Ownership: Custodial Operations

Custodial Operations Standard Operating Procedure - Official Visitor Review of a Maximum Security Order


Performance Standard
Authority
1.Procedure requirements
2.Review at request of a prisoner
3.Review at initiative of Official Visitor
4.Conduct of review
5.Submission of Official Visitor MSO review

Performance Standard

Maximum Security Orders (MSO) are reviewed by an official visitor in accordance with -

Safety & Security - Our Principles - Engagement

1. Managing prisoners as individuals

We will manage prisoners on an individual basis depending on their individual needs.

Refer - Safety and Security - Our Principles (in-confidence)

Chief Inspector Healthy Prisons 2007 Standard 14 - Legislative Requirements

Prisoners are told about their legislative entitlements during induction, and can freely exercise these entitlements while in prison.

Refer - Healthy Prisons Handbook

Authority

Corrective Services Act 2006 ss 63, 265

1. Procedure requirements

MSO's must be reviewed by an official visitor in accordance with Corrective Services Act 2006 (CSA),s 63.

A review of a MSO will occur in one of two ways -

  1. at the request of a prisoner; or
  2. at the initiative of an Official Visitor.

2. Review at request of a prisoner

Refer - CSA, s 63(1)-(4)

A prisoner, subject to a MSO, may apply in writing to the Chief Executive for a referral of the MSO to an Official Visitor for review. If a prisoner requests assistance in making this application, a Maximum Security Unit (MSU) officer must assist the prisoner.

If the period of the MSO is three months or less, the prisoner can not request a referral for review of the order more than once.

If the period of the MSO is more than three months, the prisoner can not request a referral for review of the order more than twice in any six month period.

A prisoner may also ask for a MSO to be referred to an Official Visitor if the Chief Executive amends the order (other than under CSA, s.63 (9)).

After receiving a request from a prisoner to review a MSO -

  1. the General Manager of the corrective services facility must notify the Office of the Chief Inspector of the request within three days of receipt of the request;
  2. as soon as practicable, written notification of the request must be provided to an Official Visitor assigned to the relevant facility. This notification must -

    1. state the necessity to conduct a review; and
    2. include advice regarding the identity of the MSO decision maker; and

  3. notification of the commencement of the review must be given to the Deputy Commissioner, Custodial Operations or Senior General Manager, Custodial Operations.

The Official Visitor must review the order.

3. Review at initiative of Official Visitor

Refer CSA, s 63 (6-7)

The Official Visitor, on the Official Visitor's own initiative must review a MSO if -

  1. the period of the order is more than three months; and
  2. the order has not been reviewed -

    1. at the prisoner's request; or
    2. within the previous three months.

When reviewing a MSO, the Official Visitor may exercise the powers mentioned in CSA, s291.

The Office of the Chief Inspector will provide -

  1. written notification of the requirement for a review to an Official Visitor assigned to the relevant facility. The notification must -

    1. state the necessity to conduct a review; and
    2. include advice regarding the identity of the decision maker

  2. notification of the commencement of the review to the General Manager of the facility and the Deputy Commissioner, Custodial Operations or Senior General Manager, Custodial Operations.

4. Conduct of review

The Official Visitor must ensure that the requirements of the MSO are in accordance with standard operating procedures Maximum Security Orders - Assessment, Approval, and Review; Maximum Security Units (in-confidence) - Prisoner Management and Maximum Security Units (in-confidence) - Security Management.

The administrative form - Official Visitor - Review of Maximum Security Order must be completed throughout the process to provide an executive summary and ensure legislative compliance. The completed administrative form, which includes the Official Visitor's recommendation, must be given to the delegate as soon as practical after the conclusion of the review.

5. Submission of Official Visitor MSO review

The Official Visitor must forward the review of the MSO to the Deputy Commissioner, Custodial Operations or Senior General Manager, Custodial Operations.

Following the Chief Executive's, or their delegate's, decision to confirm, amend or cancel the order, the Official Visitor and prisoner must be advised in writing of the outcome. A copy of these documents must also be provided to the chief inspector.

Endorsed by:

Marlene Morison

Deputy Commissioner, Custodial Operations

Approved by:





KELVIN ANDERSON
Commissioner





Version History

25/08/2011 Version 01