B.13 Use of Force (National Policy)

Nothing in this policy, in respect of its application to the use of physical force by staff members, limits or affects any provision of the Crimes Act (1961), or any rule of law, which renders any circumstances:

Use of Force Policy

1. Use of Force is the application of approved physical interventions by corrections staff in situations where it is necessary to establish and maintain control and minimise the potential for breaches of security and injury to parties directly involved as well as others.
2. The application of physical force shall not be considered as an option until all other reasonable alternatives have been attempted or are considered inappropriate due to the nature of the situation.
3. When the application of physical force is necessary, it will be limited to the minimum degree reasonable and necessary to resolve the situation promptly and as safely as possible.
4. The General Manager Prison Services has directed that batons are not to be issued and, or used by prison staff in any circumstance.
5. The application of physical force shall be discontinued at the first possible opportunity.
6. The application of physical force shall not be used as a means of punishment.
7. Each application of physical force shall be reported to the Prison Manager and National Office via the IOMS Incident Reporting System (Category C).

Policy Standard

• No staff member shall use physical force when dealing with any prisoner unless the staff member has reasonable grounds for believing that the use of physical force is reasonably necessary:

Performance Standard

1. The application of physical force shall not be considered as an option until all other reasonable alternatives have been attempted or are considered inappropriate due to the nature of the situation.
2. When the application of physical force is necessary, no more physical force than necessary shall be applied.
3. The application of physical force shall be discontinued at the first possible opportunity.
4. The application of physical force shall not be used as a means of punishment.
5. Each use of physical force shall be reported to the Prison Manager.
6. The occasions where physical force is used are documented, reported and reviewed as soon as practicable after the incident. Copies of all documentation shall be placed on the prisoner’s file.
7. Where prior approval has not been obtained the Prison Manager shall be informed immediately following incidents where physical force has been used.
8. All staff involved in an incident where physical force has been used shall have access to medical, emotional and psychological support and the Post Incident Response Team (PIRT).
9. A prisoner subjected to the use of physical force shall be placed on 15 minute logged observations until their at-risk status has been reviewed by the appropriate staff.
10. A prisoner subjected to the use of physical force must be interviewed by the Unit Manager/On Call Manager within three hours of the physical force being applied.
11. A prisoner subjected to the use of physical force must be examined by a suitable registered health professional within three hours of the physical force being applied. No staff member may exercise the use of physical force unless they have already received the relevant training.
12. A videotaped planned use of force event or major incident (defined as an incident requiring a formal response to be declared and deployed) is managed in a manner that promotes the safety of staff involved, and ensures the validity of its use as evidence.

Incident Reporting

1. Each Use of Force incident shall be reported to the Prison Manager.
2. A Use of Force Register shall be maintained which will contain the details of any incident where any use of force, including mechanical restraints and/or control and restraint is used.
3. Copies of all documentation shall be placed on the prisoner’s file.