| Prisoner | - Custodial staff must provide the prisoner with the following documents within one working day of placing the prisoner on a segregation direction or continuing a segregation direction:
- A printed copy of the reasons for the direction from the IOMS [Direction Details] screen.
- If IOMS is unavailable, staff must use [M.07.Form.01 Application for an initial direction to segregate prisoner] and [M.07.Form.02 Notice to prisoner subject to a direction to segregate].
- A printed copy of the management plan showing how staff will provide the prisoner's minimum entitlements.
- If IOMS is unavailable, staff must use [M.07.Form.04 Management plan for prisoner on segregation].
- The outcome of any application to continue the direction. Once IOMS records the approval, staff must provide a [Direction Details] printout showing the continuation dates.
- If IOMS is unavailable, staff must use [M.07.Form.05 Review of direction and association status of segregated prisoner].
- Custodial staff must also provide the prisoner with:
- The outcome of any review requested by the prisoner from the Director Office of Commissioner Custodial Services or a Visiting Justice.
- Copies of all other documents relating to the segregation direction unless staff lawfully withhold information under the [Privacy Act 2020] or [Official Information Act 1982].
- Staff must place copies of all forms and documents on the prisoner's general file under the D tab and upload all signed segregation documents provided to the prisoner into the segregation in IOMS.
- Custodial staff must inform the prisoner, when imposing a segregation direction under sections 58(1)(a) or (b) or 59(1)(b), that the prisoner may submit a written request at any time for the Director Office of Commissioner Custodial Services to review or revoke the direction. The [Direction Details] printout includes this information. If IOMS is unavailable use [M.07.Form.02 Notice to prisoner subject to a direction to segregate].
- Custodial staff must inform a prisoner segregated under section 58(1)(a) or (b) that the prisoner may submit a written request at any time for a Visiting Justice to review or revoke the direction. The [Direction Details] printout includes this information. If IOMS is unavailable, staff must use [M.07.Form.02 Notice to prisoner subject to a direction to segregate].
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| Section 60(1)(a) Internal Concealment of the Corrections Act 2004 |
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| Prisoner | - Custodial staff must inform the prisoner of any segregation direction based on suspected internal concealment. Custodial staff must complete the application for segregation in IOMS and complete the relevant manual forms for the segregation application:
- [W.01.01.Form.02 Direction to Segregate (Suspected of Internal Concealment) Medical Oversight] that includes Notice to prisoner suspected of internally concealing unauthorised items
- [W.01.01.Form.03 Internal Concealment Care Plan]
- Once these forms are completed, these must be provided to the prisoner and signed by the prisoner.
- The signed copies must be uploaded to the segregation in IOMS.
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| Section 61CA At-Risk of the Corrections Act 2004 |
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| Prisoner | - Custodial staff must provide the prisoner with the following documentation within one working day of placing the prisoner on a segregation direction:
- A printed copy from the IOMS [Direction Details] screen.
- A copy of the management plan from the at-risk screen in IOMS showing how staff will provide the prisoner's minimum entitlements.
- If IOMS is unavailable use [M.05.03.Form.02 At-risk management and care plan], which includes the segregation application.
- Before a segregation direction under [section 61CA of the Corrections Act 2004] is applied for, custodial staff must ensure that:
- The prisoner has a current at-risk assessment identifying the prisoner as at-risk.
- The Health Centre Manager or delegate has recommended segregation to address the prisoner's risk of self-harm.
- Custodial staff must create the application through the at-risk screen in IOMS. The segregation application will be linked to the relevant at-risk assessment.
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| All Segregation Directions |
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| Prisoner | - Custodial staff must inform the prisoner whenever they have withheld documents under relevant legislation, such as the [Privacy Act 2020] or the [Official Information Act 1982] unless the law permits staff to neither confirm nor deny the documents' existence. The prisoner must also be told whether any documents have been withheld in full or partially.
- Within one working day of any review that changes the management plan, segregation conditions, or association status, custodial staff must provide the prisoner with updated documentation from the IOMS [Direction Details] screen.
- Custodial staff must ask the prisoner to acknowledge in writing that they have:
- Received all documents relating to the direction.
- Been informed of the reasons for the direction.
- Understood those reasons for the direction.
- After obtaining the acknowledgement, staff must upload the signed documents to the segregation direction in IOMS. The prisoner must also be provided a copy of these documents.
- If the prisoner refuses or is unable to acknowledge the documents, custodial staff must record this on the form and have two officers witness the entry. Staff must take reasonable steps to ensure that prisoners with communication difficulties understand the information provided, including arranging translation services where necessary.
- When a segregation direction is revoked, custodial staff must immediately notify the prisoner and remove the prisoner from their segregation status.
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| Health Centre Manager | - When a prisoner is denied association, custodial staff must notify the Health Centre Manager as soon as practicable.
- If same-day notification is not practical, custodial staff must notify the Health Centre Manager by 10:00am the following calendar day. Custodial staff may complete this notification and any response by email and must attach the correspondence to the original documents, or note this in IOMS.
- The Health Centre Manager must investigate and confirm that no pre-existing medical or psychological condition is likely to worsen because of the segregation.
- While the direction remains in force, the Health Centre Manager must ensure that a registered health professional visits the prisoner at least once each day unless the circumstances make the visit unnecessary.
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Director Office of Commissioner Custodial Services*
*As Chief Executive Delegate
| - The Director Office of Commissioner Custodial Services will be informed of all initial segregation directions under sections 58, 59(1)(b), 60, and 61CA through the IOMS [Segregation New Starts] report.
- The Director Office of Commissioner Custodial Services will also be informed of all applications to continue directions under sections 58 and 59(1)(b) through the IOMS [Segregation Extensions] report.
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| Section 58(1)(a) & (b) of the Corrections Act 2004 |
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Director Office of Commissioner Custodial Services*
*As Chief Executive Delegate
| - If the prisoner makes a request for revocation or review of their segregation, staff must send the Director Office of Commissioner Custodial Services a prisoner's request for review or revocation, together with all relevant documentation, on the same day the prisoner makes the request or no later than the next working day. See [M.07.04.03 Request by prisoner to Director Office of Commissioner Custodial Services to review direction].
- Staff must inform the Director Office of Commissioner Custodial Services whenever a prisoner requests a Visiting Justice review. Staff record these requests through the IOMS [Direction Review] screen. See [M.07.04.04 Request by prisoner to a Visiting Justice to review / revoke direction]
- Staff must also notify the Director Office of Commissioner Custodial Services whenever a Visiting Justice revokes a direction and provides copies of the relevant documents within 7 days of the revocation.
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| Visiting Justice | - The Director Office of Commissioner Custodial Services must notify the Visiting Justice when a prisoner requests a review or revocation of their segregation. See [M.07.04.04 Request by prisoner to a Visiting Justice to review / revoke direction].
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| General Manager Custodial | - Staff must notify the General Manager Custodial of a prisoner's written request for revocation to the Director Office of Commissioner Custodial Services, or the Visiting Justice. This notification must be done on the first working day after receiving the request. The General Manager Custodial must then notify the Director Office of Commissioner Custodial Services and/or the Visiting Justice within two days of receiving the notification.
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| All Segregation Directions |
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| Custodial Staff | - Managers and decision-makers must immediately notify custodial staff whenever a segregation direction is revoked.
- Custodial staff must then remove the prisoner from segregation without delay.
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