Correctional Services Variation Regulations 2010 (SA)

South Australia

Correctional Services Variation Regulations 2010

under the Correctional Services Act 1982

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Correctional Services Regulations 2001

4            Variation of regulation 7—Prisoner may retain certain personal property

5            Variation of regulation 40—Persons prohibited from entering into unauthorised contracts with prisoners (section 82)

Part 1—Preliminary

1—Short title

These regulations may be cited as the Correctional Services Variation Regulations 2010.

2—Commencement

These regulations will come into operation on 16 December 2010.

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 7—Prisoner may retain certain personal property

1. Regulation 7(1)(a)—delete "$200" and substitute:

   $500

2. Regulation 7(1)(b)—delete paragraph (b) and substitute:

   (b)that is capable of being stored in a receptacle of a total volume of 60 litres.

5—Variation of regulation 40—Persons prohibited from entering into unauthorised contracts with prisoners (section 82)

Regulation 40—after its present contents (now to be designated as subregulation (1)) insert:

(2)For the purposes of section 82 of the Act, a dealing in which an officer or employee of the Department directly or indirectly—

(a)except as required in the course of the employee's duties—gives goods, services, money or any other benefit or advantage to a prisoner; or

(b)receives goods, services, money or any other benefit or advantage from a prisoner,

is a dealing of a prescribed class.

Examples—

The following dealings are examples that would constitute dealings of a prescribed class:

(a)an arrangement between a prisoner and an employee for the employee to receive a free tattoo from a tattooist who is an associate of the prisoner;

(b)an arrangement between a prisoner and an employee for the employee to receive motor vehicle parts from the prisoner or an associate of the prisoner;

(c)an arrangement between a prisoner and an employee for the prisoner to perform work for the employee.

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 9 December 2010

No 253 of 2010

MCS09/007SC