Title: Official Visitor Review of a Maximum Security Order
Category: Custodial Operations - Standard Operating Procedures
Implement Date: 25 August 2011
Application: Custodial Operations
Appendices and Forms
Associated Custodial Operations Standard Operating Procedures
Review Date: July 2012
Ownership: Custodial Operations
|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|
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
Corrective Services Act 2006 ss 63, 265
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 -
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 -
The Official Visitor must review the order.
Refer CSA, s 63 (6-7)
The Official Visitor, on the Official Visitor's own initiative must review a MSO if -
When reviewing a MSO, the Official Visitor may exercise the powers mentioned in CSA, s291.
The Office of the Chief Inspector will provide -
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.
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.
Deputy Commissioner, Custodial Operations
25/08/2011 Version 01