B.09 03 Exclusion of Visitors/Prohibition Orders

Refusal of Entry

1. Any person may be refused entry to a prison, at the gate, if:
   1. a request for identification is refused;
   2. no identification can be produced;
   3. there are reasonable grounds to believe the identification produced is false;
   4. they are a private visitor under the age of 16 years, unaccompanied by an approved adult, or, a private visitor under the age of 16 years who does not have Prison Manager approval to enter a prison unaccompanied.

Visitors May be Excluded

1. Private visitors may be excluded from a prison if:
   1. they fail to give a staff member any information the staff member is entitled to require from them;
   2. there are reasonable grounds to believe the information given is false;
   3. the visitor refuses to give the Prison Manager authority to have access to information contained in official records in order to verify the information given.
2. Non-statutory visitors (Specified Visitors, Private Visitors and others) may be excluded from entering a prison if:
   1. the visitor behaves in a manner that is harmful, threatening or intimidating to any person;
   2. the visitor’s behaviour is threatening or disruptive to the security and order of the prison;
   3. the visitor’s behaviour is indecent;
   4. the visitor does not comply with the legislative requirements relating to visits, or any rule or lawful order given by an officer;
   5. the visitor is found in possession of an unauthorised item;
   6. an emergency threatens the safety of any person or the security of the prison;
   7. the prisoner does not wish to see the visitor;
   8. the visitor has been prohibited from another prison.

Visitors Must be Excluded

Non-statutory visitors must be excluded from a prison if the visitor is found in the prison with any drug, alcohol, other intoxicating substance or offensive weapon, and having failed to report the possession to the officer supervising entry to the prison, or is found in possession of any of these items when trying to enter the prison.

Exclusion of Visitors

1. When a visitor is excluded from a prison the officer excluding the visitor must:
   1. tell the visitor immediately the reason for the exclusion;
   2. record in writing the date, time and reason for the exclusion;
   3. if applicable in the circumstances, provide the prisoner the visitor wished to see with a written notice of the exclusion and the reason (B.09.03.F2).
2. If the visitor being excluded is a specified visitor the officer must:
   1. immediately notify the Prison Manager of the exclusion; and
   2. within 24 hours of the exclusion give or send to the visitor’s last known address written notice of the exclusion and the reason(s) for it.
3. Officers may use reasonable force to remove a visitor if the visitor refuses to leave when excluded.

Prohibition of Non-Statutory Visitors

1. Non-statutory visitors may be prohibited from visiting a prisoner or prisoners, or the prison for a period of up to twelve months if the Prison Manager is satisfied on reasonable grounds that a visit by the person(s) is likely to adversely affect:
   • The security, discipline or good order of the prison;
   • The welfare, chances of successful rehabilitation, or safety of the prisoner or prisoners concerned, or other prisoners; or
   • The welfare or safety of any other person in the prison
2. A prohibition order may result from:
   1. An application from a private visitor for approval to visit a prisoner or prisoners being declined; or
   2. Any action or information received, at any date after an application for approval to visit has been approved that satisfies the Prison Manager on reasonable grounds that any of the factors in 1. above are likely to apply.
3. When a non-statutory visitor(s) has been excluded from entering a prison under regulation 114, the reason(s) for that exclusion may be used as a basis for deciding that any of the factors in 1. above apply.
4. A prohibition order must be in writing and signed by the Prison Manager, and contain all required details.
5. A prohibition is in force from when the order is signed, until the close of the day of its expiry.
6. Prohibited visitors may apply to the Chief Executive to have their prohibition orders reviewed from time to time.
7. At the expiration of a prohibition order a person who has been declined approval to visit may reapply for approval to visit.
8. Prohibition orders must be printed on prison letterhead.

Prohibition Order

1. Any visitor being prohibited from a prison must receive a prohibition order (B.09.03.F1) signed by the Prison Manager.
2. The prohibition order must contain the following information:
   • the prison to which the prohibition applies;
   • the name of the prohibited visitor;
   • if the order relates to a prisoner or prisoners, the name of the prisoner or prisoners;
   • why the order has been made;
   • the day on which the order was signed and the day it expires;
   • how the order may be reviewed.
3. As soon as is reasonable in the circumstances, the Prison Manager signing a prohibition order must ensure that:
   • It is given to the prohibited visitor or sent to the visitor’s last known address; and
   • A copy of the order is given to a prisoner or prisoners if the prohibition relates to them.

Review of a Prohibition Order

1. A prohibited visitor, and any prisoner to whom a copy of a prohibition order has been given, may apply from time to time to the Chief Executive (or his/her delegate) for a review of the order.
2. The application must be in writing and must state the applicant’s reason(s) for seeking the review.
3. If a visitor makes the application and the order relates to a prisoner or prisoners, the order must state the name of the prisoner or prisoners.
4. The Chief Executive (or his/her delegate) will review the prohibition order within 21 days of receiving the application, and may consult with any relevant staff member.
5. The Chief Executive (or his/her delegate) may confirm, reverse or modify a prohibition order.
6. The prohibited visitor and the particular prisoner(s) the visitor wished to visit must be advised, in writing, of the result of the review application as reasonably promptly after the review has been completed.

Review of a Prohibition Order May be Refused

1. The Chief Executive (or his/her delegate) may refuse to review a prohibition order if satisfied that the reasons for the review are substantially the same as those in a review previously undertaken, and there have been no material changes since that review.
2. A refusal to review a prohibition order must be in writing, with a copy being given to the prisoner or prisoners concerned if the application was from a visitor and the visitor if the application was from a prisoner.
3. Unless a prohibition order is reversed or modified it will prevent a visitor from visiting the prisoner or prisoners named in the order. If the order relates to the prison itself the visitor will be refused entry to the prison.

Exclusion and Prohibition Orders from another Prison.

1. Exclusion from a prison, or a prohibition order, relates only to the particular prison where the exclusion took place, or from where the prohibition order was issued.
2. However, a prohibition order from one prison will generally mean that a visitor will be excluded from entering another prison. The reasons for the prohibition at the first prison will be considered in the approval process if the visitor applies for approval to visit another prison.

Audio/Visual Recording of a Visit

1. No visit to a prisoner may be recorded by sound or visual recording unless the person making the recording:
   1. obtains the approval of the Prison Manager, the prisoner(s) and the visitor(s); or
   2. obtains the approval of the Chief Executive (or his/her delegate) and the prisoner or prisoners concerned, if the recording involves a publisher, broadcaster, producer, disseminator of news, writer or journalist; or any employee or agent of the above, or any other person if the purpose is to broadcast or publish the recording.
2. The use of security surveillance cameras in a prison is not precluded if the cameras only record visual images, and notices informing visitors that they are in use are prominently displayed in visiting areas.
3. When deciding whether to approve any sound or visual recording of a prisoner or prisoners by any publisher, producer, disseminator of news, writer or journalist, or any employee or agent of the above, or any other person if the purpose is to broadcast or publish the recording, the Chief Executive (or his/her delegate) must consider the need to protect the interests of people other than the prisoner or prisoners concerned, and the maintenance of the security and order of the prison.
4. Approval must not be given unless the Chief Executive (or his/her delegate) is satisfied that the prisoner understands the nature and purpose off the sound or visual recording, and the possible consequence(s) of the broadcast or publication of it to the prisoner, and other people concerned.
5. If approval is given it may be subject to any condition(s) reasonably necessary to protect the interest of any person other than the prisoner or prisoners concerned, or maintain the security and order of the prison.

See Related Links to access the following:

• Process Summary: Visitor arrives at the Facility and request to visit a prisoner
• Responsibility, Process and Action Table.