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Procedure Properties


Title: Visitors to a Facility (Excluding Personal Visitors)
Category: Custodial Operations - Standard Operating Procedures
Version: 01
Implement Date: 01 May 2012
Application: Custodial Operations
Availability: Public

Authority

Appendices and Forms

Associated Custodial Operations Standard Operating Procedures

  • Control of Access to a Corrective Services Facility
  • Personal Visitors to Prisoners
  • Administrative Decision Making
  • Prisoner Telephone System
  • Video-Conference Calls for Prisoners
  • Use of Force

Local Procedures

Agency Procedures

QCSA Training Manual

Agency Procedures

Policies

Review Date:

Ownership: Custodial Operations

Custodial Operations Standard Operating Procedure - Visitors to a Facility (Excluding Personal Visitors)


Performance Standard
Authority
1.Procedure Requirements
1.1. Definitions
2.Application to Visit
3.Approval to Visit
4.Identification
5.Conditions of Access
6.Unauthorised Articles and Prohibited Things
7.Biometrics
7.1Disabling or deletion of visitor identification when no visit activity
7.2Criminal history checks
8.Directions
9.Access to a Facility
10.Documentation
11.Suspension of Access to a Facility
12.Revoking Access to a Corrective Services Facility
13.Visitor/s Risk Analysis
13.1Legal practitioners
13.2Urgent access approval for commercial visitors
14.Administration of Criminal History Checks
15.Government Visitor
16.Professional Visitor
16.1Legal visits
16.2External services provider
17.Commercial Visitors
18.Other Visitors
19.Process for a Prescribed Person to Gain Access to a Corrective Services Facility
20.Accredited Visitor
21.Casual Site Visitor
22.Law Enforcement Visitor
23.Child Safety Officers
23.1Case planning visits
23.2Child safety officers accompanying visiting children
24.Authorised Searches
25.Search of a Accredited Visitor
26.Any other Visitor
27.Search of a Visitor
28.Visitors to a High Security Facility
29.Searches Involving Children
30.Responsibilities of Officers Conducting Searches
31.Powers of a Queensland Police Officer to Search a person/s without warrant
32.Search of a Visitor at the Direction of a Police Officer
33.Temporary Detention for a Security Offence
34.Preservation of Evidence and Disposal of Seized Property
35.Code of Conduct

Performance Standard

A process is established that provides for the management and administration of visitors (excluding staff members and personal visitors to prisoners) to a corrective services facilities which preserves the security and integrity of the facility. This is in accordance with-

Safety & Security - Our Principles

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

Chief Inspector Healthy Prisons 2007

Refer - Healthy Prisons Handbook

Standard Guidelines for Corrections in Australia - standards 3.19 - 3.34 Community Contact including Visits

Refer - Standard Guidelines for Corrections in Australia Revised 2004

Authority

Corrective Services Act 2006 ss 134, 155-157, 157A, 160-165, 167, 169-171, 253, 285, Schedule 4

Corrective Services Regulation 2006 ss 20, 24

1. Procedure Requirements

The general manager of a corrective services facility must provide for the management and administration of visitors to a facility.

This standard operating procedure applies to visitors to a facility, excluding staff member and personal visitors to prisoners. For personal visitors to prisoners, refer standard operating procedure - Personal Visitors to Prisoners

1.1. Definitions

Accredited visitor means-

  1. the Minister; or
  2. a member of the Legislative Assembly; or
  3. a judicial officer; or
  4. a member of a parole board; or
  5. the ombudsman; or
  6. an inspector, including the chief inspector; or
  7. an official visitor.

General search, of a person, means a search-

  1. to reveal the contents of the person's outer garments, general clothes or hand luggage without touching the person or the luggage; or
  2. in which the person may be required to-

    1. open his or her hands or mouth for visual inspection; or
    2. shake his or her hair vigorously.

Legal visitor, of a prisoner, means a visitor of the prisoner who is-

  1. the prisoner's lawyer; or
  2. a person authorised in writing by the prisoner's lawyer to act for the lawyer.

Refer - with Corrective Services Act (CSA) - Schedule 4

Legal practitioner, a person defined as a legal practitioner in accordance with Legal Profession Act 2007;

Scanning search means a search of a person by electronic or other means that does not require a person to remove his or her general clothes or to be touched by another person.

Examples of a scanning search-

  • using a portable electronic apparatus or another portable apparatus

that can be passed over the person

  • using an electronic apparatus through which the person is required

to pass

  • using a corrective services dog trained to detect the scent of a

substance that is a prohibited thing

Visitor means-

  1. any person, including a staff member, who enters or intends to enter a corrective services facility; or

Example-

a legal visitor or religious visitor

  • a casual site visitor as defined in section 165(2).Refer - (CSA) - Schedule 4

    Casual site visitor includes the following-
    1. a bus or taxi driver;
    2. a person transporting a visitor or staff member to or from a corrective services facility;
    3. a person collecting a discharged or released prisoner, or a prisoner's property, from a corrective services facility. Refer - CSA, s165(2).

    Commercial visitor means a person who visits a corrective services facility for the purpose of engaging in trade or commerce.

    Examples-

    • a sales representative

    • a tradesperson Refer - CSA, s170(3).

    Government visitor means a person, other than a staff member, who is an employee of a department. Refer - CSA, s164(2).

    Other visitors

    1. A visitor to a corrective services facility who is not mentioned in sections 164 to 170 (CSA)…

    Examples of a visitor not mentioned in sections 164 to 170-

    • a volunteer

    • a research student

    • a representative of a corrective services agency of another

    jurisdiction

    Prescribed person means-

    1. an accredited visitor (refer CSA Schedule 4);
    2. a casual site visitor (refer CSA s 165);
    3. an emergency services officer;
    4. a child safety officer;
    5. a law enforcement officer or employee;
    6. a staff member. Refer - CSA, s155(3).

    Professional visitor means a person who provides a professional service to a prisoner.

    Examples-

    • a legal visitor
    • a doctor, psychologist or other health practitioner
    • a teacher or tutor

    a program facilitator

    a religious visitor. Refer - CSA, s169(4).

    PART A - GENERAL REQUIREMENTS FOR ALL VISITORS

    2. Application to Visit

    All persons, other than a prescribed person, must apply on the approved form (Form 27(a) - Application to Visit - Professional, Official or Other Business Purposes) before visiting a corrective services facility for the first time.

    If an application is required, it should be submitted a minimum of 24 hours in advance, however applications made with less than 24 hours notice may be approved.

    Applications must be approved by an authorised delegate, refer Instrument of Delegations of Chief Executive Powers - Corrective Services Act.

    When a visit is booked in advance the visitor must be advised of the identification requirements, refer Corrective Services Regulations 2006 (CSR), s.24. A copy of s.24 of the CSR must be made displayed in the visits processing area.

    Once approved to visit a corrective services facility, those visitors who are visiting facilities regularly over an extended period must attend an induction session and can apply for a Queensland Corrective Services (QCS) personal identification card, refer procedure - Personal Identification.

    3. Approval to Visit

    If the authorised delegate is satisfied that any person whose identity has been established does not present a threat to the security or good order of a corrective services facility, the person may be granted access to the facility (refer CSA s 156(2), 160(1); Corrective Services Regulation (CSR) s 24).

    Security clearances (i.e. criminal history checks) are not required for legal practitioners, refer CSA, s.156(3)

    Access approval is not required for a prescribed persons..

    4. Identification

    Any person obtaining entry to a corrective service facility under a false identity or knowingly providing false information in administrative form Form 27(a) - Application to Visit - Professional, Official or Other Business Purposes commits an offence under CSA s 134.

    On each occasion that a visitor enters a corrective services facility for professional, official or other business purposes, proof of identification must be provided. If a biometric identification system is available this will be provided via this system. Where a biometric identification system is not available, identification required must be in accordance with CSR, s 24.

    5. Conditions of Access

    The grant of access to a corrective services facility for a visitor will be subject to any direction or restriction by the general manager of the facility as considered necessary for the security of the facility and the safety of the visitor, refer CSA s 156(5a).

    Access approval may be suspended by an authorised delegate in accordance with CSA, s 157, refer Instrument of Delegations of Chief Executive Powers - Corrective Services Act.

    Prior to entry to a facility, each visitor or group of visitors must be advised of the conditions of entry to that facility. This includes compliance with the CSA, CSR, relevant standard operating procedures, standards of dress and compliance with any searches that may be required.

    6. Unauthorised Articles and Prohibited Things

    A visitor to a facility must not take any prohibited thing or non-approved item into a facility, refer CSR, s 20 and appendix - Prohibited Things.

    The general manager of a corrective services facility must ensure that a notice detailing prohibited things is placed in plain view of any visitor attending the facility.

    Storage lockers must be provided to enable visitors to secure their personal belongings prior to entry into the facility.

    Refer standard operating procedure - Control of Access to a Facility (in-confidence).

    7. Biometrics

    Persons 18 years of age or older are required to submit to the biometric identification process where this system is available, refer - CSA, s 160(2).

    If an electronic scanning or biometric identification system is available at a corrective services facility-

    1. law enforcement or emergency services officers who access a facility via a sally port need not be registered on the biometric system and/or be processed on this system to gain access to the facility if permitted by the general manager; and
    2. all other visitors 18 years of age or older must be registered on the system and processed on the system when accessing the facility.

    7.1 Disabling or deletion of visitor identification when no visit activity

    The biometric system will disable a visitor's identification where there has been a period of no visit activity for twelve months. However, the visitor's system record will not be deleted from the system unless there has been a period of no visit activity for three years. The biometric system is a stand alone system and not linked to IOMS. Hence, some duplication of information is necessary.

    7.2 Criminal history checks

    Crinimal history checks are not required for legal practitioners, refer section 3 of this standard operating procedure.

    Criminal history checks remain valid for a period of twelve months. At a point 10 months from the date of the last criminal history check which was entered into the biometric system, and every time between 10 months and 12 months,a visitor uses the biometric access point, a reminder will be presented at each biometric access point advising the visitor to renew their criminal history check. If the criminal history check has not been renewed and a new date entered into the biometric system then the biometric system will deny the visitor any further access to a facility until the criminal history check has been completed and the date updated by facility staff..

    Refer appendix - Biometric System Enrolment Guidelines for information on the biometric enrolment provisions for the range of visitors to a facility.

    Refer - CSA ss 160(2), 162, 163, 156(5)(a); appendix - Biometric Scanning.

    8. Directions

    Any visitor who breaches a condition of access approval or fails to comply with a lawful direction or otherwise prejudices the security and good order of a corrective services facility, may be ordered to leave the facility. If a visitor fails to comply with an order to leave the facility, reasonable force may be used to remove the visitor from the facility, refer CSA, s 161 and standard operating procedure - Use of Force.

    9. Access to a Facility

    All visitors entering a corrective services facility (excluding prescribed visitors) must have been approved access and must prove their identity, refer s.4 of this standard operating procedure. A corrective services officer must verify the-

    1. identity of visitors entering a facility;
    2. purpose of entry;
    3. authorisation for entry; and
    4. issuing of passes, if appropriate.

    If any doubt exists regarding the identification and/or authorisation of a visitor, the visitor must be denied access to the facility and the general manager or nominee advised. The general manager or nominee must determine whether the visitor may access the facility (refer - CSA, s 156; Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence)).

    All visitors entering a facility must wear, in plain view, an identification card or visitor's pass on the outside of their clothing. Visitors to a corrective services facility, including those with prescribed identification cards, must be required to wear a visitor's pass to provide for easy recognition by staff. Refer standard operating procedure - Personal Identification

    Visitor passes must be returned by the bearer prior to departure from the facility.

    10. Documentation

    A record of all persons entering a corrective services facility for professional, official or other business purposes must be maintained. This record must contain-

    1. pass or identification card number, if appropriate;
    2. full name of visitor;
    3. name of company or organisation;
    4. purpose of visit;
    5. full name of prisoner being visited, if applicable;
    6. date;
    7. time of entry;
    8. time of exit;
    9. signature of visitor;
    10. approval granted by; and
    11. locker number, if applicable.

    11. Suspension of Access to a Facility

    A general manager or deputy general manager may suspend a visitor from entering a corrective services facility (refer - CSA, s 157) using administrative form - Suspend/Revoke Access Approval

    Access approval may be suspended for a period of up to one year (refer - CSA s 157(2)(a)). If the visitor has been charged with an offence allegedly committed in a corrective services facility, access approval may be suspended until the end of the proceedings for the offence.

    The appendix - Suggested Suspension Periods sets out suggested periods of suspension for certain kinds of conduct. A general manager or deputy general manager is required to consider the merits of an individual case when determining the period of suspension, if any, that will apply.

    A review of this decision may be requested in writing by the visitor. (refer - CSA, s 157(6)).

    12. Revoking Access to a Corrective Services Facility

    A general manager or deputy general manager may revoke a visitor's access if satisfied that, because of a change in the visitor's circumstances, the visitor poses a risk to the security or good order of the corrective services facility, refer CSA, s 157A(1).

    If a general manager or deputy general manager revokes the access approval, a written record must be made stating the reasons for the decision, refer - CSA, s 157A(4).

    A review of this decision may be requested in writing by the visitor, refer - CSA, s 157A(6).

    PART B - VISITORS OTHER THAN PRESCRIBED PERSONS

    13. Visitor/s Risk Analysis

    Before granting access approval, the general manager or authorised delegate must be satisfied that the visitor (excluding legal practitioners, refer CSA, s.156(3)) does not pose a risk to the security and good order of the corrective services facility, refer CSA, s.156(1))

    To be satisfied that a visitor does not pose a risk to the security and good order of the corrective services facility, the authorised delegate must consider the following factors ¾

    1. whether the visitor has, as an adult, been convicted of escaping, or attempting to escape, from lawful custody in Queensland or elsewhere;
    2. whether the visitor has been convicted of helping, or attempting to help, a prisoner to escape from lawful custody in Queensland or elsewhere;
    3. whether the visitor has been convicted of committing, or attempting to commit, an offence while visiting a prisoner in lawful custody in Queensland or elsewhere;
    4. whether the visitor has been refused access to, or been suspended from entering, a corrective services facility.

    Refer - CSA, s.156(2)

    When considering the above factors ,the authorised delegate may decide to conduct a criminal history check or may rely on other sources of information. The information required for a given visitor should be determined based on ¾

    1. the purpose of the visit,
    2. areas of the facility requiring access, and
    3. the risk posed.

    If the visitor is already subject to an equivalent clearance process by reason of their profession or employment, the authorised delegate may be satisfied in accordance with CSA s 156(2) if the visitor self declares the information required. Once satisfied of the visitor's identity, an authorised delegate may reasonably decide to rely on self reported information to satisfy the requirements of s 156(2) in this situation. For example, an employee of another Queensland Government agency would be subject to criminal history checks as part of their ongoing employment.

    13.1 Legal practitioners

    A legal practitioner must apply on the approved form (Form 27(a) - Application to Visit - Professional, Official or Other Business Purposes) before visiting a corrective services facility for the first time. An authorised delegate is not required to consider the factors in CSA s 156(2) when a legal practitioner applies for access to a corrective services facility (refer CSA s 156(3).

    A legal practitioner may be granted access approval if the authorised delegate is satisfied that the visitor-

    1. is a legal practitioner;
    2. has established their identity (refer CSA s 160(1); CSR s 24);
    3. is the legal representative of the nominated prisoner; and
    4. does not present a significant threat to the security or good order of a corrective services facility.

    A legal practitioner may be granted access approval for all corrective services facilities by the general manager or authorised delegate, refer CSA s 156(5)(b) and Instrument of Delegations of Chief Executive Powers - Corrective Services Act.

    If an authorised delegate considers it necessary to confirm that a visitor is a legal practitioner he or she can contact-

    1. for solicitors - the Queensland Law Society on telephone (07) 3842 5842; or
    2. for barristers - the Queensland Bar Association on telephone (07) 3238 5100.

    A legal practitioner may request that an electronic device (eg. lap top computer, hand held recorder) be taken into a visits area where this is necessary to facilitate the legal visit. This may be required to review electronic legal briefs, record legal instructions, protection of the legal practitioner etc. Where such a device is required, the legal practitioner must advise the general manager or authorised delegate of the corrective services facility at least 24 hours prior to the visit to ensure approval is provided. Refer CSA s 128 and Instrument of Delegations of Chief Executive Powers - Corrective Services Act.

    13.2 Urgent access approval for commercial visitors

    If -

    1. work by a tradesperson or technician is required to be carried out urgently;
    2. a commercial visitor who has already been granted an access approval for the corrective services facility is not available to carry out the work; and
    3. the tradesperson or technician applies for access approval under CSA s 155;

    the tradesperson or technician may be granted access approval if the authorised delegate is satisfied that the visitor does not pose an immediate risk to the security or good order of the facility, refer CSA s 156B.

    In this situation the authorised delegate can approve access on a Form 27(a) - Application to Visit - Professional, Official or Other Business Purposes) without considering the factors in CSA s 156(2). A general manager may impose conditions on this type of access approval, refer CSA s 156(5)(a)). For example, the visitor may be required to be escorted by a corrective services officer. The access approval only has effect for a single visit to the corrective services facility.

    14. Administration of Criminal History Checks

    A criminal history check of a visitor must not be ordered unless it is required by the authorised delegate to determine safety and good order considerations, refer CSA s156(2). Criminal history checks are not required for prescribed persons or legal practitioners, refer CSA ss 155(1) and 156(3).

    The general manager of a facility must nominate a person to be responsible for coordinating the criminal history checks of visitors to a facility.

    If a visitor has been granted approval to obtain a QCS identification card, the Intelligence and Investigations Branch must co-ordinate the criminal history check and ensure the corrective services facility and visitor are informed of the outcome. A criminal history check must be completed prior to the issue of a QCS identification card, refer standard operating procedure - Personal Identification

    The nominated person must record on IOMS details of all persons granted access approval to a facility, refer IOMS Online Learning Materials - Visits to the Centre. This record must include at a minimum-

    1. full name of visitor;
    2. date of birth of visitor;
    3. date criminal history check conducted (if applicable);
    4. result of criminal history check (if applicable);
    5. file number of criminal history if any; and
    6. reason for visit.

    IOMS must be updated with all visitor details following their approval to visit the facility.

    15. Government Visitor

    A government visitor may visit a prisoner, or access any part of a corrective services facility, to perform the functions or exercise the powers of that visitor's office or position, refer CSA s 164.

    16. Professional Visitor

    A professional visitor may only visit the prisoner who is the subject of the access approval or access the part of the corrective services facility allowed under the visitor's access approval. The visit must be carried out during the time approved by the authorised delegate. Refer CSA s169(1) and (2).

    A prisoner's legal visitor must be allowed to interview the prisoner out of the hearing, but not out of the sight, of a corrective services officer in accordance with CSA s 169(3).

    16.1 Legal visits

    Subject to operational demands and safety and security issues, the general manager must permit legal visits during business hours on a weekday. The general manager may consider urgent requests for visits outside business hours, on weekends or public holidays. If due to operational demands and safety and security issues, the general manager is unable to grant an urgent request, the general manager must advise the next soonest possible opportunity that a legal visit can be facilitated.

    An authorised delegate may grant a legal visitor access approval for all corrective services facilities in accordance with CSA s156 (5)(b).

    When making a decision on a request for a legal visit, an authorised delegate must consider the prisoner's right of access to legal representation and the proper administration of justice.

    16.2 External services provider

    The chief executive or delegate may grant a funded external service provider access approval for a corrective services facility as per their service level agreement in accordance with CSA s 253.

    Refer Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006

    17. Commercial Visitors

    A commercial visitor may only access the part of a facility allowed under the commercial visitor's access approval and the access must be carried out on the day and during the time approved by the authorised delegate. Refer CSA s170.

    18. Other Visitors

    Other visitors may only visit the prisoner subject to the visitor's access approval or access the part of the facility allowed under the the visitors access approval. The visit or access must be carried out on the day and during the time approved by the authorised delegate. Refer CSA s171.

    PART C - PRESCRIBED PERSONS

    19. Process for a Prescribed Person to Gain Access to a Corrective Services Facility

    Prescribed persons are not required to apply for access using the approved form. (refer CSA s 155) The prescribed person should give notice of intention to visit to the general manager of the facility. When giving notice, the prescribed person should state which prisoners they intend to visit, the purpose of the visit and the duration of the visit. Providing this information will enable the general manager to make the necessary arrangements for the visit.

    After receiving this information, the general manager or authorised delegate must decide whether or not the prescribed person will be able to enter the facility on the nominated day and time. For prescribed visitors, there is no requirement to consider the factors in s. 156(2).

    Law Enforcement, Child Safety, Emergency Services Officers who are required to enter a facility to carry out their duties may gain access upon presentation of their current employee identification card. .

    20. Accredited Visitor

    An accredited visitor may visit a prisoner, or access any part of a corrective services facility, to perform the functions or exercise the powers of that visitor's office or position. Refer CSA s 164.

    21. Casual Site Visitor

    A casual site visitors may only access the following external areas of a facility-

    1. visitors' carparks;
    2. roadways;
    3. waiting areas. Refer CSA s 165.

    22. Law Enforcement Visitor

    An employee of a law enforcement agency seeking to interview a prisoner may do so in accordance with CSA s 167.

    The law enforcement visitor must be registered as a visitor on IOMS and the visit entered on IOMS as visitor type “extra” and categorised according to the law enforcement agency that they represent, refer IOMS Online Learning Materials - Visits to the Centre..

    A law enforcement agencies means-

    1. the Crime and Misconduct Commission, a commission of inquiry under the Commissions of Inquiry Act 1950, or the police service; or
    2. the Australian Federal Police; or
    3. the Australian Crime Commission established under the Australian Crime Commission Act 2002 (Cwlth), section 7; or
    4. a police force or service of another State; or
    5. another entity declared under a regulation to be a law enforcement agency..

    Refer CSA Schedule 4,

    This does not apply to Corrective Services Investigation Unit (CSIU) or Queensland Corrective Services Intelligence Group (QCSIG) officers who have a CSA 275 appointment.

    The prisoner may-

    1. refuse to see the law enforcement visitor; or
    2. agree to see the law enforcement visitor, but refuse to answer any of the law enforcement visitor's questions. Refer CSA S167(3),

    Prior to an interview occurring, the prisoner must consent to the interview by signing administrative form - Prisoner Consent to be Interviewed. This form must contain the interviewing officer's name and details. A copy of this form must be filed on the prisoner's file.

    Should the prisoner give consent for an interview with a law enforcement visitor, the visit should be out of the hearing, but not out of the sight of a corrective services officer.

    During the interview the prisoner is not to be allowed unsupervised access to any communication device. Any phone calls are to be made as an officer initiated call and, if possible, recorded. Any other authorised telephone call that is not recorded must be monitored with the details of the call documented on an information intelligence note on IOMS outlining the circumstances of the call and summary of call content. In the absence of access to IOMS, the details must be given to the facility intelligence officer to facilitate the production of an Information Note or Intelligence Report. Refer standard operating procedure - Telephone and Video-Conference Calls for Prisoners

    23. Child Safety Officers

    23.1 Case planning visits

    A child safety officer wishing to visit a corrective services facility to interview a prisoner for the purpose of case planning must contact the facility a minimum of seven (7) days beforehand to arrange the visit. This notice is to allow the general manager sufficient time to arrange the relevant professional staff to be available for the meeting. At the time of arranging the visit, the corrective services officer must request that the child safety officer complete and send administrative form - Child Safety Visit to the corrective services facility a minimum of 24 hours prior to the visit.

    If a child safety officer requests to interview a prisoner in an emergency situation, an application may be made directly to the general manager or deputy general manager of the corrective services facility.

    23.2 Child safety officers accompanying visiting children

    Refer standard operating procedure - Personal Visitors to Prisoners

    For a child visitor being accompanied by a child safety officer, a Form 27 - Approval for Access to a Corrective Services Facility and Visit a Prisoner (Personal Visitor) must be completed on behalf of the child and submitted to the general manager with a supporting letter from the legal guardian of the child. If the child is to visit a parent, the visit must be booked as a personal visit by telephoning the relevant facility a minimum of 24 hours in advance. At the time of arranging the visit, the corrective services officer must request the child safety officer to complete and send administrative form - Child Safety Visit to the corrective services facility a minimum of 24 hours prior to the visist.

    Regular visits (eg every week) can be booked in advance (eg at the time of an earlier visit) to avoid the need to ring each time to book a visit.

    If a child safety officer is transporting a child approved to visit a parent who is in custody at a facility and wishes to accompany the child on the visit to the prisoner, the officer is not required to display his/her Department of Communities (Child Safety Services) Identification Card while in the prisoner visits area. However, it must be displayed to a corrective services officer prior to entering the prisoner visits area and should be available to be shown to a corrective services officer upon request.

    If a child safety officer is transporting a child approved to visit a parent and does not wish to accompany the child on the visit to the prisoner, the child can be taken to the reception area where a corrective services officer will escort the child to the Visits Area. At the conclusion of the visit, the child must be returned by the corrective services officer to reception for collection by the relevant child safety officer.

    PART D - SEARCHING OF VISITORS

    24. Authorised Searches

    Only those searches of visitors as prescribed under the CSA s 159 may be conducted by corrective services officers within corrective services facilities. Refer also Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence).

    25. Search of a Accredited Visitor

    An accredited visitor may be required to submit to a scanning search before entering a corrective services facility, refer - CSA s 159(2).

    26. Any other Visitor

    Any other visitors may be required to submit to a general search or a scanning search before entering a corrective services facility, refer - CSA s 159(2).

    If a visitor does not submit to a general search when required to do so, the general manager or authorised delegate may revoke the visitor's access approval, refer - CSA s 159(3).

    27. Search of a Visitor

    A scanning search may include-

    1. scanning by a static or hand held metal detector;
    2. visitor property by an x-ray scanning device;
    3. screening by an electronic drug detection device, and/or
    4. screening by Passive Alert Drug Detection Dogs.

    General search, of a person, means a search-

    1. to reveal the contents of the person's outer garments, general clothes or hand luggage without touching the person or the luggage; or
    2. in which the person may be required to-

    1. open his or her hands or mouth for visual inspection; or

    2. shake his or her hair vigorously.

    If a personal visitor does not submit to a scanning search or general search when required to do so by the general manager or authorised delegate, visitor may be refused access to the facility. The only exceptions to this will be where a visitor has a recognised medical condition which may react to an electronic scanning device..

    28. Visitors to a High Security Facility

    All personal visitors to a high security facility must be subject to scanning by a static or hand held metal detector or general . The metal detector may be a hand held device or an automatic target detection device.. All personal property of the visitor must be subject to a scanning search by an x-ray device and general search by a corrective services officer.

    29. Searches Involving Children

    The general manager or authorised delegate may request of an adult visitor who is responsible for an accompanying child, including an infant, that the child undergo a scanning and/or general search.

    Where an adult visitor, responsible for an accompanying child, refuses to give permission for the child to submit to a scanning and/or general search or to provide assistance for the child to be searched-

    1. neither the visitor nor any child accompanying the visitor may be permitted to proceed with a contact visit; and
    2. a non-contact visit may be approved where agreement to a scanning search of all parties is obtained.

    30. Responsibilities of Officers Conducting Searches

    When conducting a search of a visitor, a corrective services officer must ensure that-

    1. reasonable care is taken to protect the dignity and self-respect of the person being searched and to ensure minimal embarrassment to the person, without impeding the effectiveness of the search;
    2. items seized during a search, where appropriate, will be preserved in accordance with the standard operating procedure - Preservation of a Crime Scene and Evidence and reported in accordance with the standard operating procedure - Incident Reporting; and
    3. when searching a visitor's property, care is exercised to avoid damage to the property.

    31. Powers of a Queensland Police Officer to Search a person/s without warrant

    Only officers of the Queensland Police Service (QPS) have the discretionary power to determine if and when a search requiring the removal of clothing of a person to a facility is warranted. Refer Police Powers and Responsibilities Act 2000 (PPRA) ss 29, 30.

    A police officer who reasonably suspects any of the prescribed circumstances for searching a person without a warrant exist may, without warrant, do any of the following¾

    1. stop and detain a person;
    2. search a person and anything in the person's possession for anything relevant to the circumstances for which the person is detained.

    The prescribed circumstances as defined under s30 of the PPRA that a QPS officer can search a person without warrant are as follows¾

    1. the person has something that may be¾ a weapon, knife or explosive the person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or an unlawful dangerous drug; or stolen property; or unlawfully obtained property; or tainted property; or evidence of the commission of a seven year imprisonment offence that may be concealed on the person or destroyed; or evidence of the commission of an offence against the Criminal Code, section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or evidence of the commission of an offence against the Summary Offences Act 2005, section 17, 23B or 23C; or evidence of the commission of an offence against the Liquor Act 1992, section 168B or 168C;
    2. the person possesses an antique firearm and is not a fit and proper person to be in possession of the firearm- because of the person's mental and physical fitness; or because a domestic violence order has been made against the person; or because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon;
    3. the person has something that may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug;
    4. the person has something the person intends to use to cause harm to himself, herself or someone else;
    5. the person is at a casino and may have contravened, or attempted to contravene, the Casino Control Act 1982, section 103 or 104;
    6. the person has committed, is committing, or is about to commit- an offence against the Racing Act 2002; or an offence against the Corrective Services Act 2006, section 128, 129 or 132, or the repealed Corrective Services Act 2000, section 96, 97 or 100; or an offence that may threaten the security or management of a prison or the security of a prisoner.

    32. Search of a Visitor at the Direction of a Police Officer

    However, a person of the same gender as the visitor may be directed by a police officer under Police Powers and Responsibilities Act 2000 (PPRA), s 624 to conduct a search requiring the removal of clothing of the personal visitor if there is no police officer of the same sex available to conduct the search.

    If a corrective services officer is directed by a police officer to conduct such a search of a personal visitor, the corrective services officer must ensure that the search is conducted in a manner that causes minimal embarrassment to, and protects the dignity of, the visitor.

    The following method should be adopted when, at the direction of a police officer, the search of a personal visitor requires the removal of clothing-

    1. the visitor must be instructed to remove all clothing except underclothes and may be allowed to remain partly clothed during the search. However, all clothing, including shoes, must be searched;
    2. the visitor must face the officer and spread his/her arms and legs for a visual search;
    3. the visitor must spread all fingers and display both open hands at the same time, turning them over for inspection;
    4. the visitor must run his/her fingers through his/her hair
    5. the visitor's mouth and ears must be inspected;
    6. the visitor must raise each foot and wiggle the toes;
    7. the visitor must be instructed to remove upper underclothes as follows-

    1. discretion may be used to allow the visitor to face away from the officer; and

    2. the upper underclothes must be searched and returned to the visitor whomay put them on;

  • the visitor must then be instructed to remove the lower underclothes as follows-1. discretion may be used to allow the visitor to face away from the officer; and2. the lower underclothes must be searched and returned to the visitor who may put them on; and
  • the searched outer clothing must then be returned to the visitor who may put them on.If an item of clothing is seized during this search, suitable replacement clothing must be provided.When a corrective services officer is directed by a police officer to conduct a search requiring the removal of clothing of a visitor, the search must be recorded in a hard copy format register or log book. The record must include¾
    1. the corrective services officer/s names directed by the police officer to conduct the search,
    2. the directing police officer's name and signature;
    3. date and time search conducted;
    4. name of the person/s searched; and
    5. the results of the search

    Refer administrative form - Search of Person/s Under Authority of a Queensland Police Service Officer

    33. Temporary Detention for a Security Offence

    If a corrective services officer-

    1. finds a person committing a security offence; or
    2. finds a person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has just committed a security offence.

    the corrective services officer may, using reasonably necessary force-

    1. conduct a general search or scanning search of the person; and
    2. search anything in the person's possession, including a motor vehicle.

    The corrective services officer may, using reasonably necessary force, detain the person until the person can be handed over to a police officer. However, the person must not be detained for longer than 4 hours.

    Security offence means an offence against part 3 - General Offences CSA , or another offence, that poses a risk to-

    [

    1. the security or good order of a corrective services facility; or
    2. the security of a prisoner or a prisoner of a court

    Refer CSA s 136 and Instrument of Limitation of a Corrective Services Officers' Powers.

    Person for this section does not include a prisoner, other than a prisoner who is released on parole or a supervised dangerous prisoner (sexual offender).Person for this section does not include a prisoner, other than a prisoner, refer CSA s 125.

    If a search, other than a general or scanning search, appears to be justified, only the QPS may make this determination whether to do so under the PPRA.

    34. Preservation of Evidence and Disposal of Seized Property

    All articles, substances or things located during a search must be handled in accordance with the standard operating procedure - Preservation of a Crime Scene and Evidence and disposed of in accordance with CSA ss 138-142.

    35. Code of Conduct

    The general manager must ensure that all personnel operating closed circuit television monitoring and other recording devices are instructed on, and acknowledge the intent of, the DCS Code of Conduct or where appropriate, the code of conduct provided by an engaged service provider. and standard operating procedure Security Management Systems.

    Endorsed by:

    MARK RALLINGS

    Acting Deputy Commissioner, Custodial Operations

    Approved by:





    PETER BOTTOMLEY
    Acting Commissioner





    Version History

    01/12/2012 Version 01