Title: Visitors to a Facility (Excluding Personal Visitors)
Category: Custodial Operations - Standard Operating Procedures
Implement Date: 01 May 2012
Application: Custodial Operations
Appendices and Forms
Associated Custodial Operations Standard Operating Procedures
QCSA Training Manual
Ownership: Custodial Operations
|2.||Application to Visit|
|3.||Approval to Visit|
|5.||Conditions of Access|
|6.||Unauthorised Articles and Prohibited Things|
|7.1||Disabling or deletion of visitor identification when no visit activity|
|7.2||Criminal history checks|
|9.||Access to a Facility|
|11.||Suspension of Access to a Facility|
|12.||Revoking Access to a Corrective Services Facility|
|13.||Visitor/s Risk Analysis|
|13.2||Urgent access approval for commercial visitors|
|14.||Administration of Criminal History Checks|
|16.2||External services provider|
|19.||Process for a Prescribed Person to Gain Access to a Corrective Services Facility|
|21.||Casual Site Visitor|
|22.||Law Enforcement Visitor|
|23.||Child Safety Officers|
|23.1||Case planning visits|
|23.2||Child safety officers accompanying visiting children|
|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|
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
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
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
Accredited visitor means-
General search, of a person, means a search-
Legal visitor, of a prisoner, means a visitor of the prisoner who is-
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-
that can be passed over the person
substance that is a prohibited thing
a legal visitor or religious visitor
Commercial visitor means a person who visits a corrective services facility for the purpose of engaging in trade or commerce.
â€¢ a sales representative
â€¢ 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).
1. A visitor to a corrective services facility who is not mentioned in sections 164 to 170 (CSA)â€¦
Examples of a visitor not mentioned in sections 164 to 170-
â€¢ a volunteer
â€¢ a research student
â€¢ a representative of a corrective services agency of another
Prescribed person means-
Professional visitor means a person who provides a professional service to a prisoner.
a program facilitator
a religious visitor. Refer - CSA, s169(4).
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.
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..
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.
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.
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).
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-
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.
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.
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.
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-
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.
A record of all persons entering a corrective services facility for professional, official or other business purposes must be maintained. This record must contain-
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)).
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).
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 Â¾
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 Â¾
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.
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-
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-
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.
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.
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-
IOMS must be updated with all visitor details following their approval to visit the facility.
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.
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).
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.
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
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.
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.
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. .
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.
A casual site visitors may only access the following external areas of a facility-
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-
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-
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
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.
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.
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).
An accredited visitor may be required to submit to a scanning search before entering a corrective services facility, refer - CSA s 159(2).
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).
A scanning search may include-
General search, of a person, means a search-
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..
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.
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-
When conducting a search of a visitor, a corrective services officer must ensure that-
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 followingÂ¾
The prescribed circumstances as defined under s30 of the PPRA that a QPS officer can search a person without warrant are as followsÂ¾
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. 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;
Refer administrative form - Search of Person/s Under Authority of a Queensland Police Service Officer
If a corrective services officer-
the corrective services officer may, using reasonably necessary force-
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-
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.
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.
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.
Acting Deputy Commissioner, Custodial Operations
01/12/2012 Version 01