D.21 Voluntary Refusal of Food (National Policy)

Policy Standard

1. Prisoners voluntarily refusing food are identified and managed appropriately.
2. Voluntary refusal of food is defined as the limiting of food or liquid intake by a prisoner in a way that would be health damaging if continued and where the prisoner’s actions continue for 24 hours or more.
3. Voluntary refusal of food lasting less than 24 hours shall be counted for incident recording purposes meet one or more of the criteria contained in PPM E.08 Incident Reporting in Prisons Clause 1.2 apply.
4. Incidents involving prisoners voluntarily refusing food shall be reported according to the criteria stated for Hunger Strikes in PPM E.08 Incident Reporting in Prisons.

Performance Standard

1. Immediately it comes to the attention of staff that any prisoner appears to be limiting their food and liquid intake:
   • the health centre staff are to be informed, and
   • the prisoner is to be interviewed by the Principal Corrections Officer (PCO) and asked to identify the purpose of their action.
2. On confirmation from the prisoner that they are voluntarily refusing food (as defined above) the PCO shall notify National Office according to the criteria stated for Hunger Strikes in PPM E.08 Incident Reporting in Prisons.
3. Any prisoner voluntarily refusing food is to be requested to confirm this in writing. Refusal to do so should be recorded.
4. Wherever possible, the reasons are investigated to seek a way to resolve the issue of concern.
5. A suitable registered health professional on receiving advice that a prisoner is voluntarily refusing food shall note the details in the prisoner’s health file and immediately advise the Medical Officer.
6. The prisoner shall be examined by the Medical Officer within 24 hours of the voluntary refusal of food commencing.
7. On confirmation that the prisoner is voluntarily refusing food a review of the prisoner’s At Risk status is undertaken and an At Risk Management Plan shall be actioned.
8. The next of kin are to be notified only if:
   • The disclosure is authorised by the prisoner, or
   • The prisoner has reached the stage where they are seriously ill or being transferred to a hospital (if the prisoner asks that the next of kin should not be notified in this situation then that request shall be complied with).
9. All necessary health care is provided, including:
   • Fresh drinking water being available to the prisoner at all times.
   • All meals are offered to the prisoner and each meal is left in the prisoner's cell for a reasonable period of time depending upon the circumstances, such as weather and cell hygiene.
10. Prisoners voluntarily refusing food shall be housed in accommodation appropriate for the monitoring of their food and water intake and the monitoring of their health requirements.
11. No statements shall be made to the media about the prisoner’s condition. All media inquiries are to be referred to the Communications Unit at Head Office.

Cultural and Religious Observances

• Prisoners voluntarily refusing food as part of a legitimate cultural or religious observance shall be managed in accordance with this policy and procedure.
• In addition, prisoners voluntarily refusing food as part of a legitimate cultural or religious observance shall be requested to confirm in writing that their voluntary refusal of food is a legitimate cultural and / or religious observance and shall be requested to indicate when the observance will be completed.
• As with any other prisoner voluntarily refusing food, fresh drinking water shall be available at all times.
• With special regard to the requirements of the cultural or religious observance, all meals shall be offered to the prisoner and each meal shall be accessible to the prisoner for a reasonable period of time depending upon the circumstances, such as weather and cell hygiene