M.07.04 Segregation review and revocations

Segregation directions are prison specific and general manager custodial are responsible for approving initial directions, seeking continuation of directions and revoking directions for their prison.

Applications for continuation of a direction must be prepared within sufficient time for a decision to be reached before the expiry of the current direction. Applications for continuation of a direction cannot be retrospectively approved.
(The principle of acting expediently when dealing with segregation directions must be maintained when dealing with prisoner’s requests for reviews / revocations and notifications).
1. Staff must ensure all the documents that are relevant to the direction; offender notes, offender plan and information on the effectiveness (or ineffectiveness) to date of the direction, as well as notes of all interventions to assist the prisoner's exit from segregation, are sent to and received by the appropriate reviewer.
2. Any information not available at the time the documentation was forwarded to the reviewer (general manager custodial, Director Office of Commissioner Custodial Services, and/or the Visiting Justice) and to the prisoner, must be sent as soon as practicable, as supplementary information.
If the section / subsection of a direction is changed, for example from section 59 to section 58, the original direction must be revoked and the new direction starts from the date the prisoner was placed on the original direction. The evidence to justify the change must clearly support and explain the decision to change the section.
If a prisoner is removed from segregation and within 5 days of removal is subject to a new direction, the timing of legislative reviews / continuation / expiry remains from the first day of the original direction.
Refer to [M.07.04.06 Inter prison transfer of directed segregation prisoners] for process guidance when preparing to transfer a prison who is subject to segregation.
Refer to [M.05.03 Observing and managing at-risk prisoners] for guidance relating to at-risk prisoners and their ongoing review or revocation of any segregation directions that are in place and which are documented in the [M.05.03.Form.02 At-risk management plan].

M.07.04.01 Segregation Directions Timespan

Anywhere it states ‘day’ or ‘days’, it means calendar day or days (Monday to Sunday), unless specifically nominated as working days (Monday to Friday)

It is important to keep in mind that an initial direction is not for 14 days, but a maximum of 14 days and the direction, (the concept of maximum time also applies to the extensions of segregations periods) based on the identified risks and mitigation strategies, can be less that the maximum period, in other words the duration of the direction is linked to the time the prisoner is able to demonstrate understanding and compliance to the behaviours that resulted on the direction, these behaviours must be clearly described in the segregation management plan.

Section of Corrections Act 2004	Type	Directed by	Timespan
58(1)(a & b)	Initial	General Manager Custodial	Expires 14 days from time of approval, unless a request to continue is approved by Director Office of Commissioner Custodial Services.
	Continuation	Director Office of Commissioner Custodial Services	May continue beyond 14 days for up to 3 month from the start date of segregation, it must be reviewed at intervals of 1 month or less.
	Continuation	Visiting Justice	May continue beyond 3 months but it must reviewed at intervals of no more than 3 months from each continuation until it is revoked or left to expire.
59(1)(b)	Initial	General Manager Custodial	Expires 14 days, from time of approval unless a request to continue is approved by Director Office of Commissioner Custodial Services.
59(1)(b)	Continuation	Director Office of Commissioner Custodial Services	May continue beyond 14 days for up to 3 month from the start date of segregation but must be reviewed at intervals of not more than 3 months from each continuation until it is revoked or left to expire.
60(1)(a & b) & 61CA	Initial	General Manager Custodial	Remains in force while the prisoner continues to be detained in prison unless the general manager custodial or Director Office of Commissioner Custodial Services, after receiving recommendation from health centre manager that there is no justification for direction, revokes it.

M.07.04.02 Reviews of directions

Where the prisoner’s behaviour continues to present difficulties, consider a security classification review (sentenced prisoners) to identify the true internal risk the prisoner presents.
The identified risk(s) may warrant the prisoner being housed in a restricted environment on a more permanent basis, as opposed to periods of segregation. (See POM M.02 Security Classification)

Section of Corrections Act 2004	Who	Reviews
58 (1)(a & b)	General Manager Custodial	Must conduct regular reviews, in between the prescribed legislative time reviews, to ascertain if there ceases to be any justification for the direction or there are grounds to change the status of association; e.g.: direction continues but may change from denied association to restricted association or vice-versa. M.07.Form.05 Review of direction and association status of segregated prisoner.
	General Manager Custodial	May apply, before it expires, to the Director Office of Commissioner Custodial Services for the initial direction to continue beyond the 14 days, for up to 3 months, with reviews at intervals of no more than 1 month.
	Director Office of Commissioner Custodial Services	Must review, reasonably promptly, the general manager custodial’s initial direction and revoke if they believe the direction is not justified.
		May direct, if requested by general manager custodial, before it expires (14 days from date of approval) that the direction continues in force, for up to 3 months, and if it continues in force, must review it at intervals of not more than 1 month.
		Must review the direction when requested by the prisoner.
	Visiting Justice	May direct, after 3 months that the direction continues in force and if it continues, must review it at intervals of no more than 3 months from each continuation until it is revoked or left to expire.
	Visiting Justice	Must review, and may revoke, the direction when requested by the prisoner.
59(1)(b)	General Manager Custodial	Must conduct regular reviews in between the prescribed legislative time reviews to ascertain if there ceases to be any justification and/or there are grounds to change the status of association; e.g.: direction continues but may change from denied association to restricted association or vice-versa.
	General Manager Custodial	May apply, before it expires, to the Director Office of Commissioner Custodial Services for the initial direction to continue beyond the 14 days and up to 3 months.
	Director Office of Commissioner Custodial Services	Must review, reasonably promptly, the general manager custodial's initial direction and revoke if they believe the direction is not justifed.
	Director Office of Commissioner Custodial Services	May direct before it expires (14 days from date of direction approval) that it continues (up to 3 months) in force and if it continues in force must review it at intervals of not more than 3 months from each continuation until it is revoked or left to expire.
60(1)(a & b) & 61CA	Health Centre Manager	Review as required.
58(1)(a & b) & 59(1)(b)	On transfer to another prison, the General Manager Custodial of receiving prison	Must review the direction to determine whether the reasons behind the direction and the association status are still valid. M.07.Form.04 Management plan for prisoner on segregation and M.07.02.Res.01 Staff instructions to manage segregated prisoner must be updated to meet the receiving site requirements.

M.07.04.03 Request by prisoner to Director Office of Commissioner Custodial Services to review direction

A prisoner on segregation under [section 58(1)(a or b) or 59(1)(b) of the Corrections Act 2004] can request, at any time, a Director Office of Commissioner Custodial Services (as a Chief Executive delegate) reviews the segregation direction.
Prisoner requests the review, in writing, via Prisoner complaints PC.01.Form.01 Prisoner complaints. (If, due to language / intellectual / physical and or cultural issues, the prisoner is not able / capable of presenting a written request, staff must assist the prisoner, this assistance includes staff completing the PC.01.Form.01 Prisoner complaint on behalf of the prisoner)
Staff must immediately advice PCO / residential manager and register the request as soon as practicable but within the same day of the request, on the IOMS Complaints/Interview data-base; Category: Prisoner discipline and misconduct. Sub Category: Segregation and complete Section A.
Staff must register the complaint via the prisoner summary page in IOMS using the "add request/complaint" button. If the request was submitted via the Kiosk staff must triage the request as a complaint assigned it to the PCO and in both scenarios categorise the complaint in the following way Category: Prisoner Management Sub Category: Segregation.
PCO / residential manager of the unit will forward the request (email: Prisoner’s name and PRN and attach; file notes related to the segregation as well as the current prisoner’s management plan) to the Director Office of Commissioner Custodial Services the same day but no later than the first working day of receiving the request;
1. PCO / residential manager completes Section B of the IOMS Complaints/Interview screen noting the request has been referred to the Director Office of Commissioner Custodial Services.
Director Office of Commissioner Custodial Services must review the direction and note the outcome of the review (M.07.Form.05 Review of direction and association status of segregated prisoner) and into Section C of the Complaint/Interview and it is signed off following advising the general manager custodial of the outcome.

M.07.04.04 Request by prisoner to a Visiting Justice to review / revoke direction

A prisoner on segregation under [section 58(1)(a or b) of the Corrections Act 2004] can request, at any time, a Visiting Justice (VJ) reviews the segregation direction.
Prisoner requests the review, in writing, via Prisoner Complaints [PC.01.Form.01 Prisoner complaint]. (If, due to language / intellectual / physical and or cultural issues, the prisoner is not able / capable of presenting a written request, staff must assist the prisoner, this assistance includes staff completing the PC.01.Form.01 Prisoner complaint on behalf of the prisoner).
Staff must immediately advice PCO / Residential Manager and register the request as soon as practicable but within the same day of the request, on the IOMS Complaints/Interview data-base; Category: Prisoner discipline and misconduct. Sub Category: Segregation and complete Section A.
PCO / residential manager of the unit will forward the request (email: Prisoner’s name and PRN and attach; file notes related to the segregation as well as the current prisoner’s management plan) to the Director Office of Commissioner Custodial Services the same day but no later than the first working day of receiving the request;
1. PCO / residential manager completes Section B of the IOMS Complaints/Interview screen noting the request has been referred to the Director Office of Commissioner Custodial Services.
Director Office of Commissioner Custodial Services must review the direction and if it is not revoked (on behalf of the Chief Executive) forward (email) the request and all relevant documentation (original application and any subsequent continuation documents) to the Local Court supplying the Visiting Justice to the prison, first working day from the day of receiving the request:
1. must also complete Section C of IOMS Complaints/Interview screen.
Director Office of Commissioner Custodial Services will be the single point of contact between the prison and the Visiting Justice and will coordinate any communication / contact required by the Visiting Justice. The communication / contact may be: the Visiting Justice requests to speak, on the phone, to the prisoner or the Visiting Justice visits the prisoner on site.
The result of the Visiting Justice’s review is entered, by the Director Office of Commissioner Custodial Services, into Section C of the Complaint/Interview and it is signed off following advising the general manager custodial of the outcome.
General manager custodial ensures prisoner is promptly informed, orally and in writing, of the outcome of the Visiting Justice’s review. If direction has been revoked, prisoner must immediately be removed from segregation.

M.07.04.05 Revocations

Section of Corrections Act 2004	Who	Revocations
58(1)(a & b)	General Manager Custodial	Must revoke if there ceases to be any justification for continuing with the direction.
	Director Office of Commissioner Custodial Services	Must revoke if there ceases to be any justification for continuing with the direction.
		May revoke the direction at any time.
		Must consider whether to revoke the direction before it expires at 3 months (must conduct monthly reviews). If the decision is to continue the direction, the application and all supporting documents must be forwarded to a Visiting Justice
	Visiting Justice	May revoke at any time
59(1)(b)	General Manager Custodial	Must revoke, if there ceases to be any justification for continuing with the direction.
59(1)(b)	Director Office of Commissioner Custodial Services	May revoke at any time
60(1)(a & b)	General Manager Custodial or Director Office of Commissioner Custodial Services	Must revoke when advised by the health centre manager that there has ceased to be any justification for the direction.
60(1)(a & b)	Health Centre Manager	Must request the general manager custodial / Director Office of Commissioner Custodial Services revokes if ceases to be any justification for the direction
61CA	General Manager Custodial	Must revoke when advised by the health centre manager that there has ceased to be any justification for the direction.

M.07.04.06 Inter prison transfer of directed segregation prisoners

Segregation directions (as below) are prison-specific and initially approved by the general manager custodial for their site.

A segregation direction is no longer valid when a prisoner is transferred from the prison the direction was given. The direction in place at the sending prison is to be revoked.
The general manager custodial at the receiving prison may form an opinion that the grounds for a segregation direction exist at that prison and may consider whether to make a direction at that prison. If a direction is made within 5 days of the segregation direction at the previous prison being revoked, the start date of the direction continues from the previous prison direction.
Communication between prisons is vital to ensure the continuity of timeframes and legality of any decisions that may be made.

Inter prison transfers of prisoners subject to directed segregation – actions by sending prison:

Section of Corrections Act 2004	Sending Prison
58(1)(a & b) 59(1)(b)	General manager custodial (or delegate) ensures that where relevant: all segregation information is forwarded to the receiving prison prior to transfer; and the segregation direction is revoked on the day of transfer as the general manager custodial no longer has authority over the prisoner for that prison.
Information sharing between prisons	Information forwarded / shared by sites ahead of transfer is outlined in [M.07.01.01 Evidence for segregation directions].

Section of
Corrections Act 2004

Sending Prison

58(1)(a & b)

59(1)(b)

General manager custodial (or delegate) ensures that where relevant:

all segregation information is forwarded to the receiving prison prior to transfer; and
the segregation direction is revoked on the day of transfer as the general manager custodial no longer has authority over the prisoner for that prison.

Information sharing between prisons

Information forwarded / shared by sites ahead of transfer is outlined in [M.07.01.01 Evidence for segregation directions].

Inter prison transfers of prisoners subject to directed segregation – actions by receiving prison:

Section of Corrections Act 2004	Receiving Prison
58(1)(a & b)	General manager custodial considers all available segregation information from sending site prior to prisoner reception, to form an opinion and justify based on the facts whether segregation of the prisoner is required at their prison: the security or good order of the prison would otherwise be endangered or prejudiced; or the safety of another prisoner or person would otherwise be endangered. If segregation is considered appropriate, the general manager custodial can make a segregation direction for their site.
58(1)(a & b)	Where a segregation direction is made by the receiving prison within 5 days of the revocation at the previous prison - the start date of the receiving prison direction remains the same as the previous prison direction. The number of days from the start date at the previous prison determines the paperwork completed at the receiving site and who approves the direction. Refer to [M.07.04.01 Segregation Directions Timespan] for further guidance.
59(1)(b)	General manager custodialconsiders segregation information from sending site, to decide if they are satisfied: 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 otherwise than by giving the direction at their prison. If segregation is considered appropriate, the general manager custodial can make a segregation direction for their site.
59(1)(b)	Where a segregation direction is made within 5 days of the direction at the previous site - the start date of the receiving prison direction remains the same as the sending prison start date. The number of days from the start date at the previous prison determines the paperwork completed at the receiving site and who approves the direction. Refer to [M.07.04.01 Segregation Directions Timespan] for further guidance.