Australian Military (Places of Detention) Regulations (Cth)
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS
- Reprinted as at 30 June 1981 (HISTREG CHAP 31 #DATE 30:06:1981)
- Reprinted as at 30 June 1981 (HISTREG CHAP 31 #DATE 30:06:1981)
*1* The Australian Military (Places of Detention) Regulations (in force under
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Year and Date of notification Date of Application, saving or
number in Gazette commencement transitional
provisions
---------------------------------------------------------------------------- 1940 No. 58 11 Apr 1940 11 Apr 1940
1941 No. 165 17 July 1941 17 July 1941 -
1943 No. 218 2 Sept 1943 2 Sept 1943 -
250 30 Sept 1943 30 Sept 1943 -
1944 No. 171 30 Nov 1944 30 Nov 1944 -
1948 No. 41 24 Mar 1948 24 Mar 1948 -
1949 No. 93 25 Nov 1949 25 Nov 1949 -
1973 No. 215 15 Nov 1973 15 Nov 1973 -
1976 No. 36 3 Feb 1976 9 Feb 1976 R.3
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AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Interpretation
2A. Delegation
3. Control of detention barracks and military prisons
3A. Reception of Naval and Air Force prisoners
4. The Commandant
4A. Commanding Officer of detention barrack or military prison
5. Powers, &c., of members of staff
6. Visiting officer
7. Discipline
8. Searching of soldiers under sentence
9. Medical examination of soldiers under sentence
10. Weight of soldiers under sentence
11. Measuring, photographing, &c., of soldiers under sentence
12. Employment of soldiers under sentence
13. Employment on Sundays, Christmas Day and Good Friday
14. Hours of employment
15. Soldiers under sentence-fitness for work
16. Disposal of soldier's private property
17. Intoxicating liquor
18. (Repealed)
19. Remission of part of term of imprisonment or detention for good
conduct, &c.
20. Release of person under sentence
21. Offences by soldier under sentence
22. Powers of Commandant or C.O. to deal with offences
23. Powers of C.O. where he considers prescribed punishments too lenient
24. Board of visitors
25. Punishment by board of visitors
26. Punishment-generally
27. Soldier under punishment not to be deprived of certain things
28. No. 1 scale punishment diet
29. No. 2 scale punishment diet
30. Mechanical restraint
31. Use of handcuffs
32. Strait jackets
Supervision by the medical officer
33. Body belts
34. Canvas clothing
35. Liability for loss or damage caused by soldier under sentence
36. Liability for loss or damage caused by member of staff
Military Corrective Establishments
37. Effect of regulations 38-40
38. System of progressive stages
39. Parole
40. Offences in relation to parole
41. Special punishments
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 1.
Citation
1. These Regulations may be cited as the Australian Military (Places of Detention) Regulations.*1*
See notes to first article of this Chapter.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 2.
InterpretationSub-reg. (1) amended by 1943 No. 250 r. 1; 1944 No. 171 r. 1; 1949 No. 93 r. 1; 1976 No. 36 r. 4
2. (1) In these Regulations, unless the contrary intention appears-
"Commandant" means, in relation to a detention barrack, the officer, warrant officer or non-commissioned officer appointed to be the Commandant, and, in relation to a military prison, means the officer appointed to be superintendent or governor of the prison, and includes any person for the time being performing the duties of a Commandant or superintendent or governor, as the case may be;
"commanding officer" means the officer appointed in accordance with regulation 4A to be the commanding officer of soldiers temporarily committed for safe keeping and soldiers under sentence;
"detention barrack" includes a military corrective establishment;
"proper authority" means-
(a) in relation to a detention barrack or military prison situated in a Lines of Communication Area, the Commander of the Lines of Communication Area in which the detention barrack or military prison, as the case may be, is situated; and
(b) in relation to any other detention barrack or military prison, the formation commander responsible for the command, control and administration of that detention barrack or military prison, as the case may be;
"soldier temporarily committed for safe keeping" means any person charged with an offence triable by court-martial who is committed to a detention barrack or military prison under a warrant for temporary detention issued in pursuance of section 115 of the Defence Act 1903-1941 and regulation 232 of the Australian Military Regulations or under a warrant of temporary commitment issued in pursuance of that section and regulation 357;
"soldier under sentence" means any person undergoing sentence in a detention barrack or military prison;
"the staff" means the staff of a detention barrack or military prison.
Substituted by 1944 No. 171 r. 1
(2) Except as provided in this regulation, words and abbreviations used in these Regulations have the same meanings as they have when used in the Australian Military Regulations.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 2A.
DelegationInserted by 1976 No. 36 r. 2
2A. (1) The Chief of the General Staff may delegate to an officer who holds a rank in the Australian Army not below the rank of Colonel any of his powers or functions under regulations 8 and 29.
(2) A delegation under sub-regulation (1) is revocable at will and no delegation shall prevent the exercise of any power or function by the Chief of the General Staff.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 3.
Control of detention barracks and military prisonsAmended by 1976 No. 36 r. 4
3. The Chief of the General Staff shall have control of military prisons and detention barracks, and, for this purpose, may issue orders and instructions, not inconsistent with the provisions of these Regulations, in relation to the management, inspection, discipline, interior economy and military training therein.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 3A.
Reception of Naval and Air Force prisonersInserted by 1941 No. 165 r. 1; amended by 1976 No. 36 r. 4
3A. Any person who is-
(a) under the Naval Discipline Act in its application to the Australian Navy; or
(b) under the Air Force Regulations;
committed to a military prison or detention barrack, being a place appointed by the Governor-General as a place in which members of the Defence Force sentenced to imprisonment or detention for a naval, military or air-force offence may be imprisoned or undergo detention, there to undergo the whole or portion of his sentence, shall be received into custody by the Commandant thereof, if accommodation is available, and these Regulations shall, subject to the Naval Defence Act 1910-1934 or the Air Force Act 1923-1941 and any regulations made under either of those Acts, as the case may be, apply to and in relation to any such person as if that person were a soldier under sentence.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 4.
The Commandant
4. (1) The Commandant shall be charged with the general discipline, management and care of the detention barrack or military prison under his command.
Amended by 1943 No. 250 r. 2
(2) The Commandant shall, in relation to the warrant and non-commissioned officers on the staff of the detention barrack or military prison under his control, have and exercise such powers and functions as are vested in a commanding officer by the Army Act, the Rules of Procedure and the Australian Military Regulations.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 4A.
Commanding Officer of detention barrack or military prisonInserted by 1944 No. 171 r. 2
4A. (1) The proper authority shall, in respect of each detention barrack or military prison, appoint a combatant officer of field rank not on the staff to be commanding officer.
Amended by 1976 No. 36 r. 4
(2) For the purposes of the imposition of punishments under these Regulations, of the investigation of charges, of the award of summary and minor punishments, and of the provisions of the D.A., the A.A., the A.M.R., and the R.P. relating to actions incidental to or consequent on any such investigation or award, the commanding officer appointed pursuant to sub-regulation (1) shall be the C.O. of the soldiers temporarily committed for safe keeping and soldiers under sentence in the detention barrack or military prison, as the case may be.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 5.
Powers, &c., of members of staff
5. A member of the staff of a detention barrack or military prison shall, by virtue of his appointment to that staff, while in the course of, and for the purpose of the execution of, his duty as a member of that staff, have all such powers, authorities, protection and privileges as a constable of the Police Force of the State or Territory within which the detention barrack or military prison, as the case may be, is situated has in the course of, and in relation to the execution of, his duty as a constable of the Police Force.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 6.
Visiting officer
6. (1) The proper authority shall, in respect of each detention barrack or military prison, detail an officer to be the visiting officer (in these Regulations referred to as "the visiting officer "), who shall have such powers and functions as are conferred upon him by these Regulations.
(2) The visiting officer shall at such times or regular intervals as are directed by the proper authority visit the barrack or prison and shall see all men under sentence or temporarily committed for safe keeping.
(3) Any soldier under sentence or temporarily committed for safe keeping shall be entitled to make complaints regarding his welfare or treatment to the visiting officer who shall inquire into any complaint which he considers reasonable.
(4) The visiting officer shall furnish to the proper authority a report in respect of each visit, including a report upon any complaints into which he has inquired, together with any remarks or recommendation thereon which he deems fit to make.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 7.
DisciplineSub-reg. (1) amended by 1949 No. 93 r. 2; 1976 No. 36 r. 4
7. (1) Subject to such orders and instructions as are issued under the authority of the Chief of the General Staff with respect to soldiers undergoing sentences in military corrective establishments, soldiers in detention barracks or military prisons undergoing detention under sentences of civil courts or courts-martial, or awards of a Commanding Officer shall be dealt with alike, and subjected to the same discipline.
Amended by 1976 No. 36 r. 4
(2) Military prisoners undergoing imprisonment with hard labour in detention barracks or military prisons may be required to perform such labour as is approved by the Chief of the General Staff, but otherwise they shall be treated in the same manner as soldiers undergoing detention.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 8.
Searching of soldiers under sentence
8. (1) Soldiers under sentence and soldiers temporarily committed for safe keeping shall be searched on admission and at such other times as the Commandant directs, and all prohibited articles shall be taken from them.
Amended by 1976 No. 36 r. 4
(2) In this regulation, "prohibited articles" means any articles which the Chief of the General Staff, by order, declares to be prohibited articles.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 9.
Medical examination of soldiers under sentenceAmended by 1943 No. 250 r. 3
9. Every soldier under sentence or temporarily committed for safe keeping shall, as soon as possible after admission be examined by the medical officer, who shall record the state of health of the soldier and any observation which he thinks fit to include in the particulars recorded.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 10.
Weight of soldiers under sentence
10. Every soldier under sentence shall, both on admission and on release, be weighed by the medical officer, and his weight shall be recorded.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 11.
Measuring, photographing, &c., of soldiers under sentence
11. (1) A soldier under sentence may be photographed and his physical measurements and finger-prints may be taken on his admission and at such other times as the Commandant directs.
(2) A copy of a photograph or finger-prints taken in pursuance of this regulation shall not be supplied to any person unless he is authorized by the Commandant to receive the copy of the photograph or the finger-prints, as the case may be.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 12.
Employment of soldiers under sentence
12. Soldiers under sentence shall not be employed-
(a) directly or indirectly, for the private benefit or advantage of any person or persons; or
(b) upon industrial work for private firms, individuals or regimental institutes,
unless an order for such work is received through the Australian Army Ordnance Corps.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 13.
Employment on Sundays, Christmas Day and Good Friday
13. (1) A soldier under sentence shall not be required to work on Christmas Day, Good Friday or on Sundays, except on such duties as are strictly necessary for the service of the detention barrack or prison.
Amended by 1976 No. 36 r. 4
(2) Sub-regulation (1) shall not apply in the case of any soldier under sentence who is of the Jewish religion, but any such soldier shall not be required to work on any day observed in that religion as the Sabbath Day.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 14.
Hours of employmentAmended by 1976 No. 36 r. 4
14. Except as otherwise provided in these Regulations, every soldier under sentence shall, during the period of his sentence, be employed for not less than 6, but not more than 9, hours a day, exclusive of the time allotted for meals.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 15.
Soldiers under sentence-fitness for work
15. (1) A soldier under sentence shall not be required to perform any work of any description unless and until he is certified by the medical officer to be fit for such work.
(2) A soldier under sentence who is suffering from physical or other infirmity shall be employed on such work and in such manner as the medical officer directs.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 16.
Disposal of soldier's private property
16. The private property of a soldier under sentence shall be forwarded to the detention barrack or military prison in which he is confined or temporarily committed for safe keeping, and shall be returned to him on his release.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 17.
Intoxicating liquorAmended by 1948 No. 41
17. A soldier under sentence shall not be allowed the use or possession of any intoxicating liquor.
Regulation 18 repealed by 1944 No. 171 r. 3
* * * * * * * *
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 19.
Remission of part of term of imprisonment or detention for good conduct, &c.Substituted by 1943 No. 218
Sub-reg. (1) amended by 1976 No. 36 r. 4
19. (1) If a soldier sentenced to imprisonment or detention for a period of or exceeding 28 days has displayed-
(a) special industry and good conduct; and
(b) (except in the case of a soldier sentenced to discharge from the Army on the expiration of a term of imprisonment or detention) proficiency in and attention to drill and military training,
the Commandant may remit any such part of the term of imprisonment or detention of that soldier as does not exceed-
(d) one-fourth of the period of the term, when the soldier has not previously been sentenced to a term of imprisonment or detention of or exceeding 28 days;
(e) one-fifth of the period of the term, when the soldier has on one previous occasion been sentenced to a term of imprisonment or detention of or exceeding 28 days; or
(f) one-sixth of the term, when the soldier has on 2 or more previous occasions been sentenced to a term of imprisonment or detention of or exceeding 28 days.
(2) The Commandant shall not remit any part of a term of imprisonment or detention imposed for escaping or attempting to escape from lawful custody or from any prison or place of detention.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 20.
Release of person under sentence
20. (1) A soldier under sentence shall not be released before the date of the termination of the period of his sentence of detention or imprisonment, after the deduction of any period of that sentence which has been remitted, except by written order of the competent military authority made in pursuance of regulation 352 of the Australian Military Regulations and delivered to the Commandant.
Added by 1941 No. 165 r. 2; amended by 1976 No. 36 r. 4
(2) For the purposes of the application of this regulation to and in relation to any person received into custody in pursuance of regulation 3A, the reference in sub-regulation (1) to a written order of the competent military authority made in pursuance of regulation 352 of the Australian Military Regulations shall be read as a reference to-
(a) in the case of a member of the Navy, an order in writing made or issued in pursuance of the Naval Discipline Act in its application to the Australian Navy; or
(b) in the case of a member of the Air Force, an order of a competent air-force authority made or issued under Division 13 of Part VI of the Air Force Regulations.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 21.
Offences by soldier under sentenceAmended by 1943 No. 250 r. 3
21. A soldier under sentence or temporarily committed for safe keeping shall be guilty of an offence against these Regulations if he-
(a) disobeys any lawful order given by the Commandant or any member of the staff;
(b) treats with disrespect any member of the staff, the visiting officer or any person employed in connexion with the detention barrack, prison or works;
(c) is idle, careless or negligent at work, or refuses to work;
(d) is absent without leave from educational training or any parade;
(e) behaves irreverently at Divine Service;
(f) swears, curses or uses any abusive, insolent, threatening or other improper language;
(g) is indecent in language, act or gesture;
(h) without authority, converses or otherwise holds intercourse with another soldier under sentence;
(i) sings, whistles, or creates any unnecessary noise or disturbance, or gives any unnecessary trouble;
(j) without permission, leaves his room or other appointed location, or his place of work;
(k) in any way wilfully disfigures or damages any part of the detention barrack or prison, or any Departmental property to which he has access;
(l) commits any nuisance;
(m) has in his room or possession any article which he is not lawfully entitled to have;
(n) without permission, gives to, or receives from, any other soldier under sentence or temporarily committed for safe keeping any article whatever;
(o) is inattentive at drill, useful instruction or educational training;
(p) uses or offers personal violence to a member of the staff or to another soldier under sentence or temporarily committed for safe keeping;
(q) escapes or attempts to escape from a detention barrack or prison; or
(r) offends in any way against good order and discipline.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 22.
Powers of Commandant or C.O. to deal with offencesSubstituted by 1944 No. 171 r. 4
22. (1) Subject to these Regulations, the Commandant may deal summarily with or remand to the C.O. the case of any soldier under sentence or temporarily committed for safe keeping charged with an offence against these Regulations.
Amended by 1976 No. 36 r. 4
(2) The C.O. may deal summarily with any case remanded to him pursuant to sub-regulation (1).
Amended by 1976 No. 36 r. 4
(3) Where the Commandant or the C.O. deals summarily with the case, he may, if he finds the soldier guilty of the offence, impose such one or more of the following punishments as he considers appropriate:
(a) Close confinement for any period not exceeding 3 days;
(b) No. 1 scale punishment diet for a period not exceeding 3 days;
(c) Deprivation of mattress for any period not exceeding 3 days;
(d) No. 2 scale punishment diet for a period not exceeding 7 days;
(e) Such extra drill as the Commandant or the C.O. in his discretion directs;
(f) Deprivation of library books.
(4) In any detention barrack or military prison not under the control of a Commandant who is a commissioned officer the powers conferred by this regulation upon the Commandant may be exercised by the visiting officer.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 23.
Powers of C.O. where he considers prescribed punishments too lenientSubstituted by 1944 No. 171 r. 4
23. If any soldier under sentence or temporarily committed for safe keeping is charged with an offence or with repeated offences against these Regulations for which the punishments which the C.O. is authorized to inflict are, in the opinion of the C.O., too lenient, having regard to the nature of the offence or the offences, the C.O. may in his discretion-
(a) report the case to the proper authority with a view to the assembling of a board of visitors, or
(b) instead of proceeding with such charge, in an appropriate case, charge the accused with an offence against the A.A., the D.A., or the A.M.R.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 24.
Board of visitorsSubstituted by 1944 No. 171 r. 4
Sub-reg. (1) amended by 1976 No. 36 r. 4
24. (1) The proper authority, upon receipt of a report by the C.O. in pursuance of regulation 23, may direct the C.O. to dispose of the case summarily or may assemble a board of visitors for the purpose of hearing and determining a charge against a soldier under sentence or temporarily committed for safe keeping.
Amended by 1976 No. 36 r. 4
(2) A board of visitors, assembled in pursuance of this regulation, shall, except as provided in sub-regulation (3), consist of 3 field officers who shall be not below the rank of Lieutenant-Colonel.
Amended by 1976 No. 36 r. 4
(3) If the officers specified in sub-regulation (2) cannot, with due regard to the needs of the Defence Force at the time, be assembled, the board may consist of 2 field officers of whom at least one shall be of a rank not below that of Lieutenant-Colonel.
(4) A C.O., if of the requisite rank, shall be eligible for appointment to a board of visitors.
Amended by 1976 No. 36 r. 4
(5) The conduct of proceedings relating to the hearing and determination by boards of visitors of charges against soldiers under sentence or temporarily committed for safe keeping shall be as ordered or directed by the Chief of the General Staff.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 25.
Punishment by board of visitorsSubstituted by 1944 No. 171 r. 4; amended by 1976 No. 36 r. 4
25. A board of visitors may order a soldier under sentence or temporarily committed for safe keeping whom it finds guilty of an offence to be punished by such one or more of the following punishments as it considers appropriate:
(a) Close confinement for a period not exceeding 14 days;
(b) No. 1 scale of punishment diet for a period not exceeding 15 days.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 26.
Punishment generallySub-reg. (1) amended by 1943 No. 250 r. 6
26. (1) No punishment of any kind shall be imposed upon a soldier under sentence or temporarily committed for safe keeping except as provided for in the Defence Act 1903-1941, the Australian Military Regulations or these Regulations.
(2) Any punishment imposed shall begin as from the date of its imposition.
Amended by 1943 No. 250 r. 6
(3) A soldier under sentence or temporarily committed for safe keeping shall not be punished for an offence against these Regulations unless and until he has been afforded an opportunity of hearing the charges and evidence against him and of making his defence.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 27.
Soldier under punishment not to be deprived of certain thingsAmended by 1943 No. 250 r. 3
27. A soldier under sentence or temporarily committed for safe keeping, if punished for an offence by being placed on a punishment diet, or in close confinement, or on a punishment diet in close confinement in his own room, shall not on that account be deprived of his room furniture or books, or be subjected to any discipline beyond that specified in the sentence:
Provided that any soldier under sentence or temporarily committed for safe keeping who is violent or inclined to violence may be confined in a room, or, in the case of a military prison, a special cell, from which all articles of furniture, except the urinal, may be removed during the daytime.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 28.
No. 1 scale punishment dietSub-reg. (1) amended by 1943 No. 250 r. 3; 1973 No. 215 r. 1; 1976 No. 36 r. 4
28. (1) No. 1 scale punishment diet, in the case of any soldier under sentence or temporarily committed for safe keeping placed on this diet for a period of 3 days or less, shall consist of 450 grams bread per day and water.
Amended by 1943 No. 250 r. 3; 1976 No. 36 r. 4
(2) If a soldier under sentence or temporarily committed for safe keeping is placed on No. 1 scale punishment diet for a period in excess of 3 days, his diet shall consist of bread and water, as prescribed in sub-regulation (1), for periods of one, 2 or 3 days, alternating with periods of corresponding duration on the ordinary diet of the detention barrack or prison, as the case may be.
Amended by 1976 No. 36 r. 4
(3) The duration of the periods on the respective diets referred to in sub-regulation (2) shall be as the Commandant, in his discretion, but having regard to any recommendation by the medical officer, directs.
Amended by 1943 No. 250 r. 3
(4) A soldier under sentence or temporarily committed for safe keeping placed on No. 1 scale punishment diet shall not be required to work or attend parades during the whole period for which the punishment is imposed.
Amended by 1943 No. 250 r. 3; 1976 No. 36 r. 4
(5) No soldier under sentence or temporarily committed for safe keeping who has been on No. 1 scale punishment diet for a period of 3 days continuously shall again be placed upon this diet in respect of a fresh offence until the expiration of an interval of 3 days after the termination of the period for which he was on this diet, during which interval he shall be placed on the ordinary diet of the detention barrack or prison, but shall not be required to work or attend parades.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 29.
No. 2 scale punishment dietSub-reg. (1) substituted by 1973 No. 215 r. 2
29. (1) No. 2 scale punishment diet shall be as follows:
Breakfast
Daily- Bread . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 grams Porridge . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.6 litres Margarine or Butter . . . . . . . . . . . . . . . . . . . . . . 15 grams Water.
Dinner
Daily- Bread . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 grams Meat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 grams Potatoes . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 grams Rice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 grams Water.
Supper
Daily- Bread . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 grams Porridge . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.6 litres Margarine or Butter . . . . . . . . . . . . . . . . . . . . . . 15 grams Water.
(2) A soldier under sentence placed on No. 2 scale punishment diet shall attend all parades and take part in all work performed by other soldiers on the ordinary diet of the detention barrack or prison, and may also be required to perform such extra drill as the Commandant, in his discretion, directs.
Amended by 1976 No. 36 r. 4
(3) No soldier under sentence who has been on No. 2 scale punishment diet for a period of 7 consecutive days shall again be placed upon a punishment diet in respect of a fresh offence until the expiration of an interval of 3 days after the termination of the period for which he was placed on No. 2 scale punishment diet, during which interval he shall be placed on the ordinary diet of the detention barrack or prison.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 30.
Mechanical restraint
30. (1) A soldier under sentence or temporarily committed for safe keeping shall not be put under mechanical restraint by the Commandant except in cases of urgent necessity and only for the purpose of restraining the soldier, and not as or by way of punishment.
Amended by 1976 No. 36 r. 4
(2) An order for mechanical restraint shall be in writing and shall specify the cause that gave rise to the order and a definite period not exceeding 24 hours from the time of the making of the order during which it is to remain in operation, whether the restraint is continuous or intermittent.
(3) Where an order for mechanical restraint is made on the recommendation of the medical officer, the recommendation shall be in writing and shall state that the mode and the time of restraint ordered are, in the opinion of the medical officer, in accordance with the necessity of the case.
(4) The fact that mechanical restraint is ordered on the recommendation of the medical officer shall be stated in the order.
(5) The Commandant shall record in his journal full particulars of each case in which mechanical restraint is necessary and of every order made with regard thereto, and shall report the matter to the proper authority immediately upon the making of the order.
Amended by 1976 No. 36 r. 4
(6) A soldier under sentence or temporarily committed for safe keeping shall not be kept under mechanical restraint (whether continuous or intermittent) for any longer period than 24 hours without a further order in writing from the proper authority or the medical officer specifying the cause that gave rise to the further order.
(7) The Commandant shall record in his journal full particulars of each further order for mechanical restraint, and, if the order is made by the medical officer, or the Commandant, shall report the matter to the proper authority immediately upon the making of the order.
(8) Notwithstanding anything contained in this regulation, any further order made by the medical officer for mechanical restraint in any particular case shall be subject to any orders made by the proper authority.
Amended by 1976 No. 36 r. 4
(9) Handcuffs, strait jackets and body belts of a pattern approved by or under the direction of the Chief of the General Staff shall be the only means of mechanical restraint to be used upon soldiers under sentence or temporarily committed for safe keeping.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 31.
Use of handcuffs
31. (1) In the event of violence by a soldier under sentence or temporarily committed for safe keeping, the Commandant may by order in writing direct that such soldier be placed in handcuffs.
(2) An order made in pursuance of this regulation shall specify the date and hour when the handcuffs are to be put on and whether they are to be placed with the hands in front of or behind the body.
(3) The person carrying out any order made in pursuance of this regulation shall endorse on the order how it was carried out and the date and hour of each removal and replacement or change of position of the handcuffs.
(4) If, on account of the peculiar violence of a soldier in respect of whom an order under this regulation is made, it is necessary that the handcuffs be placed behind his body, they shall be removed to the front of his body at meal times and bed time, and replaced behind his body after meals, and after he rises from bed in the morning.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 32.
Strait jackets
Supervision by the medical officer
32. (1) The strait jacket may be used, upon the recommendation of the medical officer, when a restraint is necessary to prevent a soldier under sentence or temporarily committed for safe keeping from injuring himself or others or destroying clothing or other articles.
Amended by 1976 No. 36 r. 4
(2) The medical officer shall visit a soldier placed under restraint in the strait jacket as often as the circumstances warrant, but in any case at least twice in every 24 hours, and shall keep a record of the day and the hour when the restraint was applied, the day and the hour at which it was finally discontinued, and the reasons for which he certifies its employment to be necessary.
(3) Restraint by strait jacket shall not be continued longer than the period certified in the record by the medical officer as necessary.
Amended by 1976 No. 36 r. 4
(4) If, after any period of 24 hours (whether continuous or intermittent), it is necessary for restraint by strait jacket to be continued, the strait jacket shall be removed at the end of that period, and one hour at least shall be allowed to elapse before it is re-applied.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 33.
Body belts
33. (1) The body belt may be used for restraining soldiers under sentence or temporarily committed for safe keeping who are guilty of violent conduct, and for whom the other means of restraint are inappropriate.
(2) A body belt shall not be continued for a longer period than is necessary for the soldier's own safety, or for that of others, and it shall in all cases be used only on the recommendation of the medical officer.
(3) Subject to this regulation, the use of the body belt shall be subject to the same restrictions as are specified in the last preceding regulation in relation to the use of the strait jacket.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 34.
Canvas clothingSub-reg. (1) amended by 1976 No. 36 r. 4
34. (1) Soldiers under sentence or temporarily committed for safe keeping who destroy their ordinary clothing may be clothed in a canvas suit, consisting of frock and trousers made of canvas sail cloth, not exceeding 5 kilograms in weight.
(2) The Commandant shall record the dates upon which each soldier put into canvas clothing begins and ceases to wear the dress, and shall report the particulars of each case to the visiting officer who next visits the detention barrack or prison.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 35.
Liability for loss or damage caused by soldier under sentenceAmended by 1976 No. 36 r. 4
35. In the event of any article, the property of the detention barrack or prison, being lost or damaged wilfully or through carelessness, by a soldier under sentence, or in the event of any damage being committed by a soldier to his room, room furniture, or any part of the detention barrack or prison, the Commandant shall make a charge of the amount of such loss or damage against the Commanding Officer of the unit to which the soldier belongs, who shall recover the amount from the soldier on his return to his unit by stoppage from his salary.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 36.
Liability for loss or damage caused by member of staff
36. Members of the staff shall be liable to pay for any articles committed to their charge which through their negligence may be lost or damaged, or for any other damage which they may commit.
Heading added by 1949 No. 93 r. 3
Military Corrective Establishments
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 37.
Effect of regulations 38-40Added by 1949 No. 93 r. 3; amended by 1976 No. 36 r. 4
37. Regulations 38, 39, 40 and 41 shall, in respect of soldiers undergoing sentences in military corrective establishments, take effect notwithstanding anything inconsistent therewith contained in the preceding provisions of these Regulations.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 38.
System of progressive stagesAdded by 1949 No. 93 r. 3; amended by 1976 No. 36 r. 4
38. The Chief of the General Staff may issue orders and instructions providing for the establishment and operation of a system of progressive stages in a military corrective establishment, with specific privileges attached to each stage.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 39.
ParoleAdded by 1949 No. 93 r. 3; amended by 1976 No. 36 r. 4
39. Soldiers undergoing sentence in a military corrective establishment may be allowed out of such an establishment upon parole for such periods and upon such conditions as are approved by the Chief of the General Staff.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 40.
Offences in relation to paroleAdded by 1949 No. 93 r. 3
40. (1) A soldier undergoing sentence in a military corrective establishment shall be guilty of an offence against these Regulations if he-
(a) fails to observe any of the conditions under which he is granted parole; or
(b) returns from parole in a state of insobriety.
(2) A soldier undergoing detention in a military corrective establishment who, having been allowed out on parole, does not return thereto on the expiration of the period of parole shall, if the Commandant in his discretion so decides, be deemed to be guilty of an offence against these Regulations in lieu of the offence of escaping from lawful custody.
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS - SECT. 41.
Special punishmentsAdded by 1949 No. 93 r. 3
41. (1) In addition to, or in substitution for, any other punishment which may be imposed in accordance with these Regulations upon a soldier undergoing punishment in a military corrective establishment for an offence against these Regulations, the Commandant, or the C.O. dealing summarily with the case, or the Board of Visitors dealing therewith, may order the relegation of the offender from a higher to any lower stage of the progressive stages, or to a recidivist wing.
(2) For the purposes of this regulation, a "recidivist wing" means a detention barrack, not being a military corrective establishment.
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