Corrections Amendment Regulations (No 2) 2007

2007/192

Corrections Amendment Regulations (No 2) 2007


Note

These regulations are administered by the Department of Corrections.


Pursuant to section 200 of the Corrections Act 2004, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
  • These regulations are the Corrections Amendment Regulations (No 2) 2007.

2 Commencement
  • These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Principal regulations amended
4 Prescribed circumstances for use of handcuffs
  • (1) The heading to regulation 125 is amended by adding and waist restraints.

    (2) Regulation 125 is amended by adding the following subclause as subclause (2):

    • (2) Waist restraints used in conjunction with handcuffs may be applied on a prisoner by an officer for the purpose of escorting a prisoner outside of a prison.

5 Reporting use of mechanical restraint
  • Regulation 127(1) is amended by inserting or a waist restraint used in conjunction with handcuffs after handcuffs.

6 Schedule 5 amended
  • Schedule 5 is amended in the manner set out in the Schedule of these regulations.


Schedule
Amendments to Schedule 5

r 6

Clause 3

Insert after paragraph (e):

  • (ea) waist restraints used in conjunction with handcuffs:.

Clause 4

Add:

  • (d) waist restraints used in conjunction with handcuffs.

Clause 14

Paragraph (c): add: ; or.

Add:

  • (d) steel single handcuffs but only if used in conjunction with a waist restraint.

New heading and clause 15A

Insert after clause 15:

Waist restraints
15A
  • A waist restraint may only be used—

    • (a) around a prisoner's waist; and

    • (b) in conjunction with handcuffs of a type specified in any of paragraphs (a) to (d) of clause 14.

15B
  • A waist restraint must not be fitted so as to cause undue discomfort to the prisoner.

Clause 16

Insert in its appropriate alphabetical order:

waist restraint means a belt—

  • (a) designed to be worn around the prisoner's waist; and

  • (b) to which the prisoner's wrists are secured by handcuffs that are attached or fastened to the belt.

Diane Morcom,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on the 28th day after the date of their notification in the Gazette, amend the Corrections Regulations 2005.

These regulations authorise waist restraints used in conjunction with handcuffs to be applied on a prisoner for the purpose of escorting the prisoner outside of a prison.

A waist restraint is a belt fitted around a prisoner's waist, and to which the prisoner's wrists are secured by handcuffs that are attached or fastened to the belt.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 12 July 2007.