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Procedure Properties

Title: Religious Visitors
Category: Offender Management
Version: 05
Implement Date: 30 March 2009
Application: Custodial Operations
Availability: Public

Authority

Appendices and Forms

Procedures

Local Procedures

Policies

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

Procedure - Religious Visitors


Purpose
1.General
2.Service providers - Religious visitors
3.Appointment of Religious Visitors
3.1Religious Visitor Team
3.2Appointment of Religious Visitors (Professional) or (Assistant) and Indigenous Religious Visitors
3.3Religious Visitors (Personal)
4.Role of religious visitors
4.1Acceptable physical contact with offenders
4.2Dangerously ill/seriously injured offender
4.3Death in custody
4.4Marriage
5.Religious visitor roster
6.Administration of religious visitor services
7.Access within corrective services facilities
7.1Maximum Security Unit
7.2Safety Unit
7.3Accommodation unit common areas
7.4Princess Alexandria Secure Unit (PAHSU)
7.5Access to other corrective services facilities
8.Disciplinary matters
9.Security issues
9.1Harm
9.2Communication
9.3Offender files
9.4Wine
9.5Release
10.Transfer of offenders to other corrective services facilities
11.Community supervision
12.Staff

Purpose

To ensure that the interface between the operations of corrective services facilities and the work of Queensland Corrective Services (QCS) religious visitors, in pastoral care and spiritual formation, is effective and supportive of offender rehabilitation.

1. General

An offender must be given the opportunity to access pastoral care and to practice his/her religious beliefs within the operational constraints of a corrective services facility. If consistent with the operational requirements of the facility, an offender may join with other persons in practicing the offender's religion and possess articles approved by the general manager necessary for the practice of the religion (refer procedure - Property of Offenders).

2. Service providers - Religious visitors

QCS funds a number of organisations to provide a range of services for offenders and their families. Refer procedure - External Non-Government Service Providers

The State Chaplaincy Board (SCB) and Queensland Murri Chaplaincy are the current providers of religious services to QCS. The SCB coordinates the accreditation of religious visitors to QCS facilities and provides the pastoral care and spiritual formation of, and religious services and prayer meetings for, offenders. The SCB also manages a religious visitor roster at each facility.

The SCB is responsible for the appointment of its members. A register of members of the SCB is to be maintained and provided to the Executive Director, Offender Programs and Services by the Secretary of the SCB. The register must include the following details for each SCB member-

  1. name and contact details;
  2. religious organisation;
  3. position held on the SCB; and
  4. date of commencement as an SCB member.

The Secretary of the SCB must notify the Executive Director, Offender Programs and Services of any changes to the register.

The agreements between the funded service providers and QCS are developed to complement current legislation, policies, procedures and QCS operations. They include reference to the QCS Code of Conduct, the Corrective Services Act 2006 and other guidelines when outlining the terms in which the services are provided and behaviour expected of the providers.

3. Appointment of Religious Visitors

The appointment of religious visitors is coordinated by the Offender Programs and Services Directorate. A religious visitor may be appointed to a corrective services facility as either a-

  1. Religious Visitor (Professional)-nominated by the SCB and issued with a letter of appointment by the Executive Director, Offender Programs and Services. The visitor may enter and move freely within the facilities (subject to operational constraints) detailed in the letter of appointment;
  2. Indigenous Religious Visitor-nominated by the Queensland Murri Chaplaincy or SCB and issued with a letter of appointment by the Executive Director, Offender Programs and Services. The visitor may enter and move freely within the facilities (subject to operational constraints) detailed in the letter to assist Indigenous offenders to maintain contact with their communities and receive spiritual guidance;
  3. Religious Visitor (Assistant)-nominated by the person's religious organisation and endorsed by the Religious Visitor Team upon receipt of a security clearance. The visitor may accompany a Religious Visitor (Professional) and/or undertake a specific task, for example, conduct group worship or provide religious instruction; and
  4. Religious Visitor (Personal)-nominated by the person's religious organisation and endorsed by the Religious Visitor Team. The visitor may provide spiritual support to an offender at the request of the offender however is not a member of the Religious Visitor Team.

3.1 Religious Visitor Team

The Religious Visitor Team at a facility will comprise at a minimum, the General Manager or the General Manager's nominee, a Religious Visitor (Professional) and, as relevant, an Indigenous Religious Visitor appointed to the facility.

A Coordinating Religious Visitor will be selected from the Religious Visitor Team to co-ordinate the activities and visitation of the team members.

3.2 Appointment of Religious Visitors (Professional) or (Assistant) and Indigenous Religious Visitors

Nominations for appointment as a Religious Visitor (Professional) or (Assistant) and Indigenous Religious Visitor are to be coordinated by the relevant approved funded external service provider. Refer procedure - External Non-Government Service Providers

Nominations must be forwarded to the Executive Director, Offender Programs and Services. The Executive Director must arrange for a security check to be conducted (refer administrative form - Criminal History Disclosure and Consent) and request the assistant general manager (or equivalent) at the relevant facility to interview the nominee from a security perspective, and advise on their suitability for appointment. The appointment will be approved subject to a satisfactory security clearance and consideration by the Executive Director.

3.3 Religious Visitors (Personal)

Refer procedure - Personal Visitors to Offenders

Some religious groups may not have the capacity to regularly visit facilities or may not wish to participate in the religious visitor roster. A person from such a group wishing to visit a facility must apply in writing in the first instance to the Coordinating Religious Visitor specifying the offenders/s the person wishes to visit. This will provide a central coordination point and a record of all religious visitor requests and visits to a facility. The general manager may also accept a request in a manner appropriate to the circumstances of the visit and the offender.

The request will be referred to the general manager with a recommendation from the Coordinating Religious Visitor. The Director-General or delegate (refer Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence)) will-

  1. approve or not approve the visit;
  2. determine the timing, location and nature of the visit; and
  3. notify the applicant of the success or otherwise of the application.

If approved, the applicant will be referred to the visits staff of the relevant facility to process a booking for the visit. The facility's Religious Visitor Team is not responsible for approving, organising or facilitating visits (refer procedure - Personal Visitors to Offenders).

A religious visit (personal) will not be approved in lieu of a personal visit however the general manager may limit the frequency of visits.

Religious Visitors (Personal) may only meet with an offender in the designated visits area of a facility.

4. Role of religious visitors

The role of a religious visitor is to serve the spiritual needs of offenders, for example, by conducting religious services at the corrective services facility to which the religious visitor is appointed.

If a religious visitor wishes to advocate on behalf of an offender in relation to a systemic issue, the religious visitor should raise his/her concerns first with the general manager of the facility. If the issue is unable to be resolved at a local level, the religious visitor should refer the matter to the SCB.

Aboriginal or Torres Strait Islander offenders requesting assistance from a member of their community should be referred to the appropriate Indigenous Religious Visitor in the first instance.

Proposed programs for offenders of a religious nature should be referred to the Coordinating Religious Visitor in each facility for consideration and determination in conjunction with the Manager, Offender Development (or equivalent).

4.1 Acceptable physical contact with offenders

Although greeting an offender with a handshake or a pat on the back is acceptable, religious visitors must not engage in other types of touching such as hugging and/or kissing as this type of contact is unacceptable.

4.2 Dangerously ill/seriously injured offender

Refer CSA s 23

4.3 Death in custody

Refer CSA s 24; procedure - Death in Custody

Religious visitors should ensure that they have provided emergency contact details to management staff at the facility to which they are appointed. The Coordinating Religious Visitor should also advise management of religious visitors to be contacted should staff become aware of an offender who is dangerously ill or whose death may be imminent.

4.4 Marriage

Refer CSA s 26; procedure - Offender Marriages

5. Religious visitor roster

The Religious Visitor Team at a facility must prepare a Religious Visitor roster having regard to the pastoral and spiritual needs of all offenders at the facility. The roster is to be developed in consultation with the general manager or assistant general manager of the facility. If a facility has a particularly large offender population aligned with a faith not represented on the religious visitor roster, consideration should be given to the appointment of a religious visitor of that faith to the Religious Visitor Team.

The number of appointed religious visitors on the religious visitor roster should be determined by the SCB to meet the particular needs of each facility. As a guide a ratio of one religious visitor for every 300 offenders per day is appropriate.

The Religious Visitor Team should be particularly sensitive towards the needs of minority and other special groups when developing the roster.

6. Administration of religious visitor services

The SCB and Queensland Murri Chaplaincy are responsible for the administration of the State-wide religious visitor service and assistance with the administration of religious visits.

To provide guidance to Religious Visitor Teams in facilities, these organisations are required to produce and maintain a Handbook for Religious Visitors which is consistent with the CSA and QCS policies and procedures. The handbook must be approved by the Executive Director, Offender Programs and Services who must ensure its compliance with legislation, QCS policy and procedures and the service level agreement.

All other administration matters and issues such as confidentiality, induction and training of religious visitors must occur in accordance with procedure - External Non-Government Service Providers.

7. Access within corrective services facilities

7.1 Maximum Security Unit

A religious visitor must make appropriate arrangements with the management team of a Maximum Security Unit prior to visiting an offender accommodated in the unit. Refer procedure - Maximum Security Units (in-confidence)

7.2 Safety Unit

Given the therapeutic nature of a Safety Unit, a religious visitor must speak with management staff at the facility prior to visiting an offender accommodated in a Safety Unit to ensure personal safety and that the therapeutic approach is not compromised through external involvement.

7.3 Accommodation unit common areas

A religious visitor (except for a Religious Visitor (Personal)) must be given reasonable access to unit common areas. When in a unit common area, a religious visitor must be able to be observed by a corrective services officer at all times. It is not necessary for an officer to be in the unit common area with the religious visitor if the visitor is able to be observed by an officer.

7.4 Princess Alexandria Secure Unit (PAHSU)

The pastoral care and spiritual formation of offenders admitted as inpatients to the PAHSU is the responsibility of the PAHSU Medical Director. This may involve the provision of pastoral and spiritual care by the Princess Alexandra Hospital Pastoral Care Service or by an approved QCS religious visitor.

The PAHSU medical director, nursing coordinator and PAHSU correctional supervisor must, in consultation, determine the appropriate access to pastoral care consistent with the offender's religious beliefs and medical status within the operational constraints of the PAHSU.

7.5 Access to other corrective services facilities

If a religious visitor wishes to visit a facility to which he/she is not appointed to conduct, for example, a service, celebration or marriage, the Religious Visitor Team at the visitor's appointed facility will approach management staff at the facility to be visited to make the necessary arrangements.

8. Disciplinary matters

As per section two, where the professional conduct or behaviour of a funded service provider is in contravention of the conditions of the Service Level Agreement or letter of appointment which include reference to the QCS Code of Conduct, Corrective Services Act 2006, the Handbook for Religious Visitors or the State Chaplaincy Board Code of Ethics 2004, attempts are to be made to address the issue at the local level in the first instance, through discussion with-

  1. management staff at the facility;
  2. the religious visitor concerned; and
  3. if necessary, the Coordinating Religious Visitor.

Should local resolution not be possible or appropriate, a formal complaint is to be made to the general manager. The general manager may-

  1. suspend the religious visitor from his/her duties;
  2. have the religious visitor removed from the facility; and
  3. temporarily prohibit the religious visitor's access to the facility.

The Executive Director, Offender Programs and Services must be immediately advised of any such action. The Executive Director, Offender Programs and Services must contact the SCB and provide the Chair of the SCB with all information and documentation in relation to the complaint. The Chair of the SCB will notify the appropriate sponsoring agency of the complaint.

Following such notification, the sponsoring agency may seek further clarification from QCS and the SCB, and may request meetings with the Executive Director, Offender Programs and Services and general manager as appropriate.

The sponsoring agency will then review the issue with the religious visitor by either-

  1. negotiating acceptable terms and conditions with the Executive Director, Offender Programs and Services and/or the general manager to facilitate the re-instatement of the religious visitor; or
  2. withdrawing the religious visitor's nomination from the SCB.

It is expected that the sponsoring agency would involve both the SCB and officers of QCS where necessary in making its final determination.

9. Security issues

A religious visitor must not take any prohibited or unauthorised articles into a corrective services facility. Refer CSR s 20; appendix - Prohibited Things; procedure - Visitors to a Facility (Excluding Personal Visitors)

9.1 Harm

If a religious visitor considers that an offender is displaying behaviour, or has made statements, which indicates that the offender may self-harm, the religious visitor must immediately advise facility staff.

9.2 Communication

Under no circumstance should a religious visitor take anything from a corrective services facility, particularly an item given to them by an offender, including personal letters or other documents.

All offender communication to outside persons is strictly monitored for security and surveillance reasons. Religious visitors must not facilitate communication access between an offender and any other person outside the corrective services facility. Communication access includes use by an offender of a telephone to a landline or mobile connection or email facilities within the facility to an external party.

9.3 Offender files

Under no circumstance should a religious visitor review an offender's file or medical file. Religious visitors are encouraged to speak to facility staff if they are unclear of an issue which is causing concern or distress to an offender.

9.4 Wine

However, a religious visitor may request that a general manager procure a quantity of alcoholic wine (no more than 750 mL) for the purpose of conducting religious services at a corrective services facility. This wine must be securely stored at the facility as determined by the general manager.

Access to the secure store of wine will be granted by the general manager to approved religious visitors for the purpose of conducting religious services. After consultation with the religious visitor, the general manager must determine the quantity of wine released to conduct the religious service. The wine may be given to offenders to consume as part of the religious service. Refer CSA s 128(2)(a), CSR s 20(k).

The general manager must develop a process that identifies how religious visitors will be able to access the wine for the purpose of conducting religious services, including services conducted on weekends.

9.5 Release

A religious visitor wishing to maintain a professional relationship with an offender post release must be mindful of any conflict of interest. It is considered inappropriate for a religious visitor to be nominated as the sponsor for an offender applying for parole and such a situation may result in review of the religious visitor's appointment.

10. Transfer of offenders to other corrective services facilities

If an offender is transferred to another corrective services facility to which the religious visitor providing pastoral care is not appointed, the offender will be referred to the relevant religious visitor in the receiving facility. A religious visitor must not attempt to gain access to a corrective services facility for the purpose of continuation of pastoral care for an individual offender.

A religious visitor may seek approval to visit an offender who has been transferred to another corrective services facility as a Religious Visitor (Personal) or as a personal visitor. Refer procedure - Personal Visitors to Offenders

11. Community supervision

Under the terms of the service level agreement with the SCB and Queensland Murri Chaplaincy, religious visitor services are only provided to offenders in corrective services facilities. The SCB and Queensland Murri Chaplaincy are not funded to continue such services for an offender once he/she is released to community supervision.

12. Staff

Religious visitors are not appointed for the purpose of providing pastoral care or counselling services to staff. Staff affected by workplace incidents or matters of a personal nature which are impacting on their work should seek the services of Interlock.

Religious visitors come into contact with staff on a regular basis and may hear of issues that are of concern. A religious visitor must encourage staff to follow due process and seek the services of Interlock; however, caring and confidential listening may be additionally appropriate.

If staff members raise an issue of workplace grievance, religious visitors must encourage them to follow the Grievance Resolution (in-confidence) procedure.

A religious visitor may become involved in staff matters, either inadvertently or at the request of the staff member. A religious visitor should, however, seek the involvement of management staff, or encourage the staff member to approach his/her supervisor/manager. Additionally, if the matter is of a personal nature, staff should be encouraged to access community resources.





KELVIN ANDERSON
Director-General





Version History

30/03/2009 Version 05 - 23/09/2008 Version 04 - 20/08/2007 Version 03 - 17/07/2007 Version 02 - 01/03/2007 Version 01