Authority for Policy
- Corrections Act 2004, section 57 - 61
- Corrections Regulations 2005, regulations 53 - 64
- National System - Segregation of Prisoners
Policy Standard
- The opportunity of a prisoner to associate with other prisoners may be restricted or denied only in accordance with sections 58 to 60 of the Corrections Act 2004
Performance Standards
Security, Good Order or Safety
Section 58 of the Corrections Act 2004 provides that the Prison Manager may direct that the opportunity of a prisoner to associate with other prisoners be restricted or denied if, in the opinion of the Prison Manager: -
- The security or good order of the prison would otherwise be endangered or prejudiced; or
- The safety of another prisoner or another person would otherwise be endangered.
Protective Custody
Section 59(1) of the Corrections Act 2004 provides that the Prison Manager may direct that the opportunity of a prisoner to associate with other prisoners be restricted or denied if:-
a. the prisoner requests it and the manager considers it is in the best interests of the prisoner;
or
b. the Manager is satisfied that the safety of the prisoner has been put at risk by another person and
there is no reasonable way to ensure the safety of the prisoner without giving the direction.
(Note: Protective Custody has both a voluntary component (section 59(1)(a)) and a directed (non-voluntary) component (section 59(1)(b)).
Medical Oversight
Section 60 of the Corrections Act 2004 provides that the Prison Manager may direct that the opportunity of a prisoner to associate with other prisoners be restricted or denied if a medical officer of the prison recommends that a direction of this kind is desirable for either or both of the following reasons:-
- in order to assess or ensure the prisoner’s physical health.
- in order to assess or ensure the prisoner’s mental health (including, without limitation, the risk of self harm).
Performance Standards
- Directions for segregation must be processed and managed in accordance with the requirements of the National System - Segregation of Prisoners.
- Recommendations for and approvals of segregation must be made on the forms attached to the National System -Segregation of Prisoners.
- Initial directions for segregation for directed protective custody and for the purpose of security, good order or safety shall be for a period of fourteen days only. Those prisoners must not continue to be segregated for more than fourteen days without the required approvals, and their continuing segregation status must be reviewed at intervals specified in the National System - Segregation of Prisoners.
- Recommendations and approvals for continued segregation must be processed in advance and allow sufficient time for the required approval to be obtained before the expiry date.
- Segregation directions must be current and authorised by the appropriate personnel.
- Prisoners subject to a segregation direction must be managed and treated in accordance with the National System - Segregation of Prisoners.
- Copies of completed forms and attached documentation must be placed on the prisoners’ prison files and the prisoners’ National Office files.
- In accordance with Guideline 10 of the National System – Segregation of Prisoners, a register is to be maintained by Prison Managers or delegated officers for recording all segregation directions that can be viewed at anytime by Inspectors of corrections, an ombudsman, auditors and or monitors.
- IOMS alerts indicating the segregated status and section of the directive for segregation are entered and reviewed accordingly for each and every period of segregation.
- Only one type / kind of segregation alert must be active at any one time (e.g. a Voluntary Segregated prisoner changing to Directed; the Vol Seg 59 1(a) alert must be de-activated and an alert for 59 1(b) entered).
Necessary Forms
- B.20.01.F1 Voluntary Protective Custody of a Prisoner (National System Form)
- B.20.01.F1(a) Directed Protective Custody of a Prisoner (National System Form)
- B.20.01.F1(b) Segregation for Purpose of Medical Oversight (National System Form)
- B.20.01.F2 Segregation for Purpose of Security, Good Order or Safety (National System Form)
- B.20.01.F3 Prison Manager's Notification to the Prisoner of the Prisoner’s Placement on Segregation (National System Form)
- B.20.01.F4 Confirmation of Minimum Entitlements for a Prisoner who is on Segregation (National System Form)
- B.20.01.F5 Initial Segregation for the Purpose of Security, Good Order or Safety
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B.20.01.F11 Time Out
