Correctional Services Variation Regulations 2005 (SA)
South Australia
Correctional Services Variation Regulations 2005
under the Correctional Services Act 1982
Contents
Part 1—Preliminary
Short title
Commencement
Variation provisions
Part 2—Variation of Correctional Services Regulations 2001
Variation of regulation 4—Interpretation
Insertion of regulation 4A
4ACorresponding laws for purposes of section 27A of Act
Variation of regulation 9—Prohibited items (sections 33, 33A and 51)
Variation of regulation 10—Prohibited activities (section 33)
Variation of regulation 11—Penalties for breaches of regulations (sections 43 and 44)
Variation of regulation 12—Prohibited manners of communication (section 51)
Regulation 15—Serious breaches—miscellaneous
Variation of regulation 16—Serious breaches—sexual offences
Variation of regulation 37—Drug testing of prisoners (section 37AA)
Part 1—Preliminary
1—Short title
These regulations may be cited as the Correctional Services Variation Regulations 2005.
2—Commencement
These regulations will come into operation on the day on which the Correctional Services (Miscellaneous) Amendment Act 2005 comes into operation.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Correctional Services Regulations 2001
4—Variation of regulation 4—Interpretation
Regulation 4—after the definition of Act insert:
authorised telephone call means a telephone call that is made or received in accordance with rules made by the manager of a correctional institution, or that has been specifically authorised by the manager;
5—Insertion of regulation 4A
After regulation 4 insert:
4A—Corresponding laws for purposes of section 27A of Act
The following laws are corresponding laws for the purposes of section 27A of the Act:
(a)the Prisoners Interstate Leave Act 1997 of the Australian Capital Territory;
(b)Part 2 Division 3 Subdivision 2 (sections 27 to 37) of the Crimes (Administration of Sentences) Act 1999 of New South Wales;
(c)Part XVII Division 2 (sections 65A to 65K) of the Prisons (Correctional Services) Act of the Northern Territory;
(d)Chapter 2, Part 2, Division 10 (sections 67 to 74) of the Corrective Services Act 2000 of Queensland;
(e)Part 6 (sections 47 to 56) of the Corrections Act 1997 of Tasmania;
(f)Part 8A (sections 80 to 84EA) of the Corrections Act 1986 of Victoria.
6—Variation of regulation 9—Prohibited items (sections 33, 33A and 51)
Regulation 9—after paragraph (a) insert:
(ab)a syringe or needle;
(ac)a device capable of being used for the administration of a drug of dependence or prohibited substance by means of the drawing of smoke or fumes (resulting from the heating or burning of the drug or substance), including a device known as a bong;
Regulation 9—delete paragraph (h) and substitute:
(h)a film classified RC, X 18+ or R 18+, or a computer game classified RC, under the Classification (Publications, Films and Computer Games) Act 1995;
Regulation 9(j) and (k)—delete paragraphs (j) and (k) and substitute:
(j)a camera or other device capable of capturing or recording images (whether digitally or on film or tape);
(k)a mobile telephone, mobile telephone accessory or other device that may be used to make or receive a telephone call other than an authorised telephone call;
(l)a 2-way radio (also known as a walkie talkie);
(m)any device that includes a modem or other device enabling it to transmit or receive data to or from a network of computers;
(n)any unauthorised data storage device.
An unauthorised data storage device means a data storage device that has not been specifically authorised by the manager, but does not include a data storage device of a kind referred to in a preceding paragraph or a data storage device containing only a film or computer game classified G under the Classification (Publications, Films and Computer Games) Act 1995.
7—Variation of regulation 10—Prohibited activities (section 33)
Regulation 10—after paragraph (b) insert:
(c)escape from lawful custody.
8—Variation of regulation 11—Penalties for breaches of regulations (sections 43 and 44)
Regulation 11(1)—delete "$25" and substitute:
$40
Regulation 11(2)—delete "$50" and substitute:
$75
9—Variation of regulation 12—Prohibited manners of communication (section 51)
Regulation 12(2)—delete subregulation (2)
10—Regulation 15—Serious breaches—miscellaneous
Regulation 15(3)—delete subregulation (3) and substitute:
(3)A prisoner must not—
(a)make preparation for a prohibited activity; or
(b)possess plans for the carrying out of a prohibited activity; or
(c)attempt to carry out a prohibited activity; or
(d)without the specific authorisation of the manager—possess an article that may assist a prisoner to engage in a prohibited activity.
Regulation 15(4)(a)—delete "prison" and substitute:
correctional institution
Regulation 15—after subregulation (6) insert:
(7)A prisoner must not communicate with a person in a manner prohibited under these regulations.
11—Variation of regulation 16—Serious breaches—sexual offences
Regulation 16(1)(a)—delete "another prisoner" and substitute:
any other prisoner or person
Regulation 16(1)(b)—delete "another prisoner" and substitute:
any other prisoner or person
Regulation 16—after subregulation (1) insert:
(1a)Subregulation (1) does not apply to a prisoner during any period of leave to be absent and unaccompanied from the place in which he or she is being detained granted to the prisoner by the Chief Executive Officer under section 27 of the Act, subject to any condition to the contrary imposed by the Chief Executive Officer on granting the leave of absence.
12—Variation of regulation 37—Drug testing of prisoners (section 37AA)
Regulation 37—before subregulation (1) insert:
(a1)The directions that can be given to a prisoner for the purpose of conducting an alcotest on the prisoner to detect the presence of alcohol in his or her blood are as follows:
(a)a direction to accompany an officer or employee of the Department to a part of the correctional institution set aside for the purpose of alcotesting;
(b)a direction to exhale, in the presence of 2 officers or employees of the Department, into the alcotest apparatus;
(c)a direction as to the manner and duration of the exhalation.
Regulation 37(1)—delete "a drug" and substitute:
any other drug
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 17 November 2005
No 239 of 2005
CSC0018/03
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