In these regulations, unless the context otherwise requires,—

These regulations apply in respect of every corrections prison, community work centre, and probation office, so far as they are applicable.

Except as provided in subclause (3) these regulations do not apply in respect of any Police jail.

The following regulations apply in respect of every Police jail:

In the case of a corrections prison that is a contract prison, any power, function, or duty of the chief executive described in regulations 59(2) and (3), 60(2) and (3), 61(2) and (3), 157(2) and (3), 180(1) and (2), and 186(3)—

In subclause (4), an approved employee means a person who—

A person who enters any prison, or who exercises any powers, functions, or duties in relation to the prison or the management of prisoners, must comply with the provisions of these regulations, so far as those provisions are applicable to that person.

A probation officer who exercises any powers, functions, or duties in relation to offenders must comply with the provisions of these regulations, so far as those provisions are applicable to that probation officer.

Subject to the Act and to the control of the chief executive, the manager of a prison is responsible for its good management and the fair, safe, secure, orderly, and humane management and care of its prisoners.

The manager of a prison must ensure—

Subclause (2) does not limit any of the duties conferred or imposed on the manager by the Act, these regulations, any instructions issued under section 196 of the Act, any prison management contract, or any other enactment.

If the chief executive asks a prison manager to do so, the manager must report to the chief executive on any matter in respect of which the chief executive reasonably considers that information is necessary to enable the chief executive to carry out his or her responsibilities under the Act, these regulations, or any other enactment.

Subject to subclause (3), this regulation applies to the following events:

If any event to which this regulation applies occurs, the manager of the prison concerned must ensure that notice is given promptly to—

If a prisoner who is a citizen of another country dies, the manager of the prison concerned must ensure that notice is given promptly to a consular representative of that country.

If a prisoner asks the manager of the prison concerned not to notify his or her next of kin if any event to which this regulation applies (other than the prisoner’s death) occurs, the manager must comply with the request.

Subclause (2) is subject to subclause (4).

Promptly after being notified of the death or serious illness of, or a serious injury to, a person known to a prison manager to be a family member, relative, or close friend of a prisoner, the manager must ensure that information about the death, illness, or injury is given to the prisoner.

Every security officer and staff member must perform his or her duties with diligence and competence and in accordance with the Act and these regulations.

In an emergency, every security officer and staff member is also expected to—

A security officer or staff member who believes a situation exists that affects or is likely to affect the health or safety of any person in a prison or the security of a prison must promptly notify the prison manager.

Every security officer and staff member must promptly notify the appropriate person if the security officer or staff member notices that a prisoner—

For the purposes of subclause (4), the appropriate person is,—

This regulation does not limit the duties imposed on staff members or security officers by the Act.

If the chief executive asks a controlling officer to do so, the controlling officer must report to the chief executive on any matter in respect of which the chief executive reasonably considers that information is necessary to enable the chief executive to carry out his or her responsibilities under the Act, these regulations, or any other enactment.

Every probation officer must perform his or her duties with diligence and competence and in accordance with the Act and these regulations.

In an emergency, every probation officer is also expected to—

Every officer must obey without question any lawful order given by his or her senior officer; but may later raise its validity—

No security officer or staff member may receive any money, gratuity, reward, gift, or benefit of any kind from or on behalf of a prisoner except as provided in subclauses (3) and (4).

No security officer or staff member may trade with a prisoner, or enter into an arrangement with a prisoner that confers or is intended to confer a benefit of any kind on any person, except as provided in subclause (4).

The prison manager, or a staff member nominated by the manager for the purpose, may receive money from any person for the purpose of buying a gift for a prisoner, if the gift—

A staff member of a prison who first obtains the written approval of the appropriate person specified in subclause (5) may—

The person who must first give written approval under subclause (4) is—

No probation officer may receive any money, gratuity, reward, gift, or benefit of any kind from or on behalf of an offender except as provided in subclause (3).

No probation officer may trade with an offender, or enter into an arrangement with an offender that confers or is intended to confer a benefit of any kind on any person, except as provided in subclause (3).

A probation officer who first obtains the written approval of the controlling officer of the probation area in which the probation officer works may—

No security officer or staff member or probation officer who is carrying out escort duty or courtroom custodial duty may receive personal visitors.

No staff member who is carrying out duties at a prison may receive personal visitors without the prior approval of the prison manager.

Any approval given under subclause (2) may be the subject of conditions imposed by the prison manager.

If there is or appears to be a conflict of interest between the exercise of the powers, functions, or duties of an officer in relation to a prisoner and the personal or business interests or dealings of that officer, the officer must, as soon as possible, notify—

If there is or appears to be a conflict of interest between the exercise of the powers or functions of a probation officer in relation to an offender and the personal or business interests or dealings of that probation officer, the probation officer must, as soon as possible, notify the controlling officer of the probation area in which the probation officer works.

A staff member or security officer entering a prison may be required, by the staff member supervising entry, to verify his or her identity to the staff member’s satisfaction.

A staff member or security officer entering a prison must declare any unauthorised item in his or her possession or in his or her vehicle to the staff member supervising entry.

The staff member supervising entry may inspect, seize, or otherwise deal with any unauthorised item declared under subclause (2).

No prisoner may be received in or discharged from a prison before 7 am or after 8 pm except—

The manager of a prison must ensure that a register of prisoners is maintained, on paper or in electronic or other similar form, and that the following particulars about each prisoner admitted to the prison are entered in it:

If a prisoner is entitled to be released from a prison on a particular date, he or she must be formally discharged on that date.

This regulation is subject to section 52 of the Parole Act 2002.

Every officer, staff member, and probation officer must exercise the utmost care and vigilance in the control and supervision of any prisoner being escorted in his or her charge.

No officer, staff member, or probation officer may relinquish the control of a prisoner when outside a prison except—

Any officer, staff member, or probation officer who is carrying out escort duty must ensure—

Any person who is carrying out escort duty may, if necessary, separate prisoners from each other.

A prisoner who is granted leave to attend proceedings before the Court of Appeal or the Supreme Court, wherever those proceedings might be, must—

A prisoner who is a service prisoner and is granted leave to attend proceedings before the Court Martial Appeal Court, wherever those proceedings might be, must—

The following classes of prisoners may be temporarily released under section 62 of the Act:

In this regulation, serious violent offence means an offence against any of the following provisions of the Crimes Act 1961 in respect of which a determinate sentence of more than 2 years’ imprisonment is imposed on the offender:

The following classes of prisoners may be temporarily removed under section 62 of the Act:

A prisoner who is eligible for temporary release, or temporary removal, under section 62 may be temporarily released or temporarily removed (as the case may be) for any of the following purposes that the chief executive considers will facilitate 1 or more of the objectives specified in section 62(2)(a) of the Act (subject to the considerations in section 62(3)):

A prisoner who is eligible for temporary release under section 62 of the Act may be temporarily released for any of the following additional purposes that the chief executive considers will facilitate 1 or more of the objectives specified in section 62(2)(a) of the Act (subject to the considerations in section 62(3)):

The manager of a prison must ensure that a register of prisoners’ property is maintained, on paper or in electronic or other similar form, and that there is entered in it, in relation to each prisoner received into the prison, a full description of—

The prisoner concerned must be asked for written acknowledgement of any entry in, or amendment to any existing entry in, the register.

This regulation does not apply to prison property.

All items of property received from or found on a prisoner, or received by a staff member on behalf of a prisoner, while that prisoner is being received in a prison, must be thoroughly searched in the presence of the prisoner to enable—

All items of property to which subclause (1) applies (whether authorised property or an unauthorised item) must be taken from the prisoner or retained (as the case may be) by a staff member, and—

If any item of jewellery that is to be taken from a prisoner cannot otherwise be removed, it may be cut from the prisoner.

A prisoner who is issued with authorised property may ask the manager of the prison to store it.

A manager of a prison may refuse, under section 43(3)(c) of the Act, to issue or allow a prisoner to keep any item of authorised property in the following circumstances:

Any item of property to which this regulation applies must, if practicable, be placed in the charge of the manager of a prison.

All property acquired by a prisoner detained in a prison, or received by a staff member on the prisoner’s behalf (whether authorised property or an unauthorised item), or required to be placed in the charge of the manager of the prison under regulation 33 must be taken from the prisoner or retained (as the case may be) by a staff member, and—

A prisoner who acquires or is issued with any authorised property may ask the manager to store it.

This regulation applies to any property of a prisoner received in a prison if—

If any property of a prisoner received in a prison is placed in the manager’s charge, the manager must decide reasonably promptly whether or not to store the property.

All property that the manager agrees to store must be labelled, packaged, and stored in a safe and secure facility.

Every manager of a prison must ensure that property to which subclause (1) applies is labelled, packaged, and stored in such a way that it—

The manager of a prison may require a prisoner, at the prisoner’s own expense, to arrange for any item of the prisoner’s property to be removed from the prison if—

An article of clothing that is to be placed in storage must be in a clean condition before being stored.

Valuable personal items such as money, jewellery, and banking instruments must be stored separately from other items.

The maximum liability of the Crown for any loss of, or damage to, an item of prisoner property is $400.

Access to the area of a prison where prisoner property is stored must be restricted to staff members authorised for the purpose by the prison manager.

A prisoner may inspect his or her items of stored property at the following times:

If any prisoner property in a prison is or may be evidence of a disciplinary or criminal offence, the manager of the prison may seize it, but must then—

The manager of a prison must take all practicable steps to ensure that a prisoner’s property is returned to the prisoner on the day on which the prisoner is discharged or released, but—

If, on a check of property conducted under subclause (1)(a), it is found that a prisoner’s property does not correspond with the relevant entries in the property register, the matter must be—

The manager of a prison must take all practicable steps to ensure that, if a prisoner dies while under the manager’s control, either the person notified of the prisoner’s death under regulation 8(2) or the executor or administrator of the prisoner’s estate is consulted on what is to be done with the prisoner’s property.

To avoid doubt, this regulation does not apply to a prisoner who—

If a prisoner is to be transferred from one prison (the first prison) to another prison or place, the manager of the first prison must take all practicable steps to ensure that before the transfer takes place,—

If, on a check of property conducted under subclause (1)(a), it is found that a prisoner’s property does not correspond with the relevant entries in the property register, the matter must be—

If a prisoner is transferred from one prison to another, the prisoner’s property (if any) that is held or stored at the prison from which the prisoner was transferred must, at the same time as, or reasonably promptly after, the prisoner is transferred, be—

If a former prisoner leaves any property at any prison,—

Property in a prison whose ownership is uncertain or unknown—

The chief executive must ensure that accurate and up-to-date records of each trust account are maintained on paper or in electronic or other similar form that show—

The manager of a prison must ensure that the amount of money held for a particular prisoner within any trust account does not exceed the maximum amount (if any) permitted to be held for a particular prisoner in the trust account by a rule, unless—

A prisoner may request a statement in respect of the money held exclusively for him or her in the trust account, and the manager of a prison must ensure the statement is produced within 1 week of that request.

Subject to regulation 43(1), no money may be deposited into a trust account in respect of a particular prisoner detained in a prison unless the manager of a prison gives written approval for the deposit.

No money may be withdrawn from the trust account unless—

Earnings paid to a prisoner under section 66(3) of the Act must be deposited into the trust account.

The manager of a prison may withdraw or withhold from a trust account earnings of a specified kind and credited to a prisoner, or later due to a prisoner, if, and only if,—

The amount of earnings that may be withdrawn or withheld,—

Nothing in subclause (2) or subclause (3) prevents the rectification of any error.

This regulation does not affect section 68 of the Act.

For the purposes of this regulation earnings of a specified kind means—

A prisoner should be assigned the lowest level of security classification at which the prisoner can safely and securely be managed given the assessment of the level of risk posed by a prisoner.

A prisoner who has been assigned a security classification must be placed and managed within a facility and regime that is consistent with his or her security classification, to the extent that it is practicable (having regard to the availability of accommodation and other resources).

Any staff member conducting an assessment under section 47(1) of the Act of the level of risk posed by a prisoner for the purposes of undertaking a security classification, must take into account—

A security classification is assigned to a prisoner once all of the following steps have been completed:

The chief executive must ensure that a prisoner received in a prison after being sentenced to imprisonment for a term exceeding 3 months or recalled under a final recall order to serve such a sentence is assigned a security classification within 14 days of the date of his or her reception into that prison.

Any staff member conducting a review of a security classification under section 47(3) of the Act must, in conducting an assessment under section 47(1) of the Act of the level of risk posed by the prisoner for the purposes of that review, take into account the matters specified in regulation 45 and in addition—

The review of a prisoner’s security classification is completed once all of the following steps have been completed:

An exemption from the requirements of section 47(3)(b)(i) of the Act applies in respect of any prisoner who has been assigned the lowest security classification.

If an application is made to the chief executive for the reconsideration of a security classification under section 48(2) of the Act, the chief executive must—

Any person undertaking the assignment, review, or reconsideration of a prisoner’s security classification must—

This Part provides for the management of sentenced prisoners in designated prisons.

In this Part, unless the context otherwise requires,—

The purpose of the prisoner placement system is to provide a regime for the management of sentenced prisoners in designated prisons that—

The chief executive may, in accordance with subclause (5), designate 1 or more prisons as prisons in which the prisoner placement system will operate.

A designation under subclause (1) may exclude any part or unit of the prison from the operation of the prisoner placement system.

The chief executive must keep and maintain a list of designated prisons on the department’s website.

A designation under subclause (1) takes effect from the date it is listed on the department’s website.

Before designating a prison under subclause (1), the chief executive must be satisfied that—

No changes may be made to the attributes of a unit of a designated prison unless approved by the chief executive.

For the avoidance of doubt, nothing in this Part—

A prisoner’s initial placement is determined by—

A prisoner must be managed according to the attributes of the unit in which he or she is placed.

The unit manager must ensure that,—

A prisoner’s placement must be reviewed—

A prisoner’s placement must also be reviewed if—

For the purposes of subclause (2)(b), a prisoner’s actions represent a serious risk to the good order or security of the unit or the safety of any person if the prisoner—

Subclause (3) does not limit the generality of subclause (2)(b).

A staff member must take the following factors into account when undertaking a review of a prisoner’s placement:

A prisoner’s placement is assigned once all of the following steps have been completed:

A prisoner is entitled to ask a staff member for the reasons for his or her placement.

If the prisoner is not satisfied with the reasons given for his or her placement, the prisoner may, subject to subclause (3), apply to the chief executive for a reconsideration of the placement decision.

A prisoner may not apply for a reconsideration if the prisoner’s current placement was reviewed as a consequence of an earlier application for reconsideration made—

If an application is made to the chief executive for a reconsideration of a placement decision, the chief executive must—

Any person undertaking a placement assessment, or a review or reconsideration of a prisoner’s placement, must—

Nothing in this Part authorises the denial or restriction of a prisoner’s opportunity to associate with other prisoners except under a segregation direction made under any of sections 58 to 60 of the Act.

The manager of a prison must notify the chief executive in writing of any cell in the prison that may be used for the accommodation of a prisoner subject to a segregation direction issued—

The health centre manager of a prison must be notified reasonably promptly by the prison manager after a prisoner is placed in a cell in circumstances where, as a consequence of any segregation direction, the prisoner is denied the opportunity to associate with other prisoners.

The manager, or an officer authorised by the manager for the purpose, must at least once a day visit a prisoner who, as a consequence of a segregation direction, is denied the opportunity to associate with other prisoners.

Cells used to accommodate prisoners subject to a segregation direction must have the items and features specified in Part A of Schedule 2.

At-risk cells must have the items and features specified in Part A of Schedule 2, other than a bed.

The prison manager must ensure that the items and features specified in Part A of Schedule 2 that are provided for use in, or form part of, a cell to which this regulation applies are maintained in good working order.

Natural lighting must be provided in the following cells:

The requirement for natural lighting is in addition to the items or features referred to in regulation 57(1) or (2) that must be provided in respect of that cell.

A cell used for the accommodation of a prisoner subject to a segregation direction issued under section 58, section 59, or section 60(1)(a) of the Act must, in addition to the items and features described in regulation 57(1), and, if applicable, regulation 58,—

Despite subclause (1), the chief executive may approve, for the accommodation of prisoners who are the subject of a segregation direction issued under section 58, section 59, or section 60(1)(a) of the Act, the use in a prison of cells that do not comply with subclause (1), if the chief executive is satisfied that it is not practicable in the circumstances to avoid using those cells for the accommodation of prisoners of that kind.

An approval under subclause (2)—

The manager of a prison must ensure that all features and items specified in Part B of Schedule 2 that are provided for use in, or form part of, a cell in the prison to which this regulation applies are maintained in good working order.

Subclause (1) is subject to regulation 64.

An at-risk cell must, in addition to the items and features referred to in regulations 57(2) and 58,—

Despite subclause (1), the chief executive may approve cells that do not comply with subclause (1) for designation as at-risk cells if the chief executive is satisfied that it is not practicable in the circumstances to avoid using those cells as at-risk cells.

An approval under subclause (2)—

The manager of a prison must ensure that all features or items specified in Part C of Schedule 2 that are provided for use in, or form part of, a cell in the prison to which this regulation applies are maintained in good working order.

A cell used for the accommodation of a prisoner who is subject to a segregation direction issued under section 60(1)(b) of the Act must, in addition to the features and items described in regulation 57(1), and, if applicable, regulation 58,—

Despite subclause (1), the chief executive may approve, for the accommodation of prisoners who are subject to a segregation direction issued under section 60(1)(b) of the Act, the use in a prison of cells that do not comply with subclause (1), if the chief executive is satisfied that it is not practicable in the circumstances to avoid using those cells for the accommodation of prisoners of that kind.

An approval under subclause (2)—

The manager of a prison must ensure that all features and items specified in Part E or Part F of Schedule 2 that are provided for use in, or form part of, a cell in the prison to which this regulation applies are maintained in good working order.

A prisoner subject to a segregation direction must be detained, so far as is practicable in the circumstances and if it is not inconsistent with the purposes of the segregation direction, under the same conditions as if he or she were not subject to a segregation direction.

A prisoner referred to in subclause (1) must not be denied access to activities consistent with the fulfilment of his or her prisoner management plan, or to his or her authorised property, simply because he or she is subject to a segregation direction.

Subclause (2) is subject to section 69(4)(b) of the Act.

A suitable registered health professional must keep written notes of each visit to an at-risk prisoner and the notes must be entered on the prisoner’s health record.

Within 24 hours of a prisoner’s assessment as an at-risk prisoner, the health centre manager must visit the prisoner and prepare a report on the prisoner, but this does not apply if the health centre manager has visited the prisoner and written a report when providing advice to the prison manager under section 61C of the Act.

The health centre manager must—

After visiting a prisoner under subclause (2), the health centre manager must recommend to the prison manager—

The health centre manager must record a recommendation under subclause (4) on the prisoner’s prison record.

Before the health centre manager makes a recommendation under subclause (4) that relates to a matter outside his or her scope of practice, he or she must consult a registered health professional whose scope of practice includes that matter.

As far as is practicable in the circumstances and consistent with maintaining the prisoner’s safety, an at-risk prisoner must be detained under the same conditions as if he or she were not at risk of self-harm, including access to activities in accordance with his or her management plan and access to authorised property.

This regulation applies to a prisoner who is subject to a segregation direction issued under section 60(1)(a) of the Act because the prisoner is suspected of concealing internally an unauthorised item.

A prisoner to whom this regulation applies may be placed in a cell that does not have—

The medical officer must advise the health centre manager in writing as soon as he or she believes that there has ceased to be any justification for continuing to deny or restrict the opportunity of the prisoner to associate with other prisoners.

The health centre manager must advise the manager as soon as practicable in writing if he or she—

A registered health professional must keep written notes of each visit to the prisoner under section 60(5) of the Act and arrange for those notes to be placed in the prisoner’s health record.

A medical officer must record any recommendation or advice given by the medical officer in relation to a prisoner in the health record of the prisoner concerned.

A health centre manager must record any recommendation or advice given by the health centre manager in relation to a prisoner in the health record of the prisoner concerned.

Male and female prisoners must be detained—

Where there is doubt about whether a prisoner is male or female, the chief executive must determine whether the prisoner is a male or female prisoner for the purpose of subclause (1).

If a prisoner supplies a copy of the prisoner’s birth certificate that records the prisoner’s sex as female or male, the determination under subclause (2) must be made in accordance with that sex.

If a prisoner supplies a copy of the prisoner’s birth certificate that records the prisoner’s sex as indeterminate, or records no sex, the chief executive must—

If a prisoner is not satisfied with the determination made under subclause (2), the prisoner may make an application for review under regulation 65B.

In regulations 65B to 65D,—

A prisoner may apply to the chief executive for a review of the determination made under regulation 65(2).

However, a prisoner may not make an application under subclause (1) if the prisoner—

An application must state the prisoner’s nominated sex for the purpose of regulation 65(1).

This regulation applies if—

The chief executive must review the determination as soon as is reasonably practicable and—

In reviewing a determination, the chief executive must consider the following matters:

Where the chief executive has made a determination under regulation 65C(2) in any case to which regulation 65C(1)(b) applies, a prisoner may apply to the chief executive for a further review of the determination.

Regulation 65C applies with any necessary modifications to the further review.

A determination made under regulation 65(2) or 65C(2) in respect of a prisoner applies until the date on which the prisoner is first released from prison following the determination (excluding any temporary release from custody or temporary removal from prison under section 62 of the Act).

However, if the determination was made under regulation 65C(2)(b) following an application for a review under regulation 65B, the chief executive must revoke the determination if—

If the chief executive revokes a determination under subclause (2), the original determination that applied to the prisoner before the prisoner applied for a review under regulation 65B is reinstated.

A prisoner may be accommodated in a shared cell unless the prison manager is satisfied that the prisoner is unsuited for the shared cell accommodation that is available.

Before accommodating a prisoner in a shared cell, the prison manager must ensure that the prisoner is assessed to determine whether he or she is suited for the available shared cell accommodation.

A prisoner who is assessed as unsuited for the available shared cell accommodation must be accommodated in an individual cell.

All new cells and new self-care units must contain the items specified in Part A of Schedule 3.

All existing cells and existing self-care units—

Despite subclauses (1) and (2), the chief executive may approve the use in a prison of cells or self-care units that do not comply with subclause (1) or subclause (2), as the case may be, if the chief executive is satisfied that it is not practicable in the circumstances to avoid using those cells or self-care units to accommodate prisoners in the prison.

An approval under subclause (3)—

The manager must ensure that all items specified in Schedule 3 that are provided for use in a cell or self-care unit in the prison are maintained in good working order.

This regulation does not apply to cells used for segregation directions and to transit cells.

Prisoners may wear their own clothing and footwear, except as provided in subclauses (3) and (4).

The manager must provide clothing or footwear to a prisoner on request by that prisoner, as long as the manager is satisfied that the request is reasonable.

The manager may require a prisoner who is not an accused prisoner to wear clothing or footwear provided by the prison.

The manager must require a prisoner (whether an accused prisoner or not) to wear clothing or footwear provided by the prison if the prisoner’s own clothing or footwear is—

Clothing or footwear that is provided by the prison must be—

Clothing (other than clothing for a specific activity or work) that is provided to accused prisoners must be distinguishable from clothing provided to other prisoners.

Every prisoner must keep his or her person, cell or self-care unit, furniture, clothing, and property clean and tidy.

The manager of a prison must ensure that the means to comply with subclause (1) are available to every prisoner.

Unless the health centre manager directs otherwise on the grounds of health, safety, or cleanliness, a prisoner may keep or adopt the hair style of the prisoner’s choice.

A prisoner may not grow a beard or moustache after reception to a prison, unless the prisoner first obtains the prison manager’s approval.

A prisoner may retain any beard or moustache the prisoner had on reception without first obtaining the prison manager’s approval.

A prisoner must shave a beard or moustache if the health centre manager so directs on the grounds of health, safety, or cleanliness.

Subclauses (2) and (3) are subject to subclause (4).

This regulation applies to prisoners detained under the Immigration Act 2009, but does not apply to accused prisoners.

In every prison there must be an area set aside as a health centre.

The health centre must be equipped to provide the following facilities:

The health centre must, at all times, be available for any medical emergency.

All medical examinations conducted within the prison must be conducted in the health centre or a place approved by the chief executive or prison manager as suitable for conducting medical examinations, unless the condition of the prisoner requires that the prisoner be examined or treated elsewhere.

The chief executive must ensure that—

The health centre manager of a prison must take all practicable steps to maintain the physical and mental health of prisoners to a satisfactory standard.

Without limiting subclause (1), the health centre manager of a prison must—

Without limiting subclause (1), the health centre manager of a contract prison must, if a contractor requires or the health centre manager considers it necessary in the circumstances, advise the contractor of the equipment, supplies, facilities, and personnel required—

This regulation does not limit any of the functions or powers conferred or imposed on health centre managers by the Act.

A medical officer must reasonably promptly inform the chief executive if for a limited time that medical officer is or will be unable to perform his or his duties under the Act or these regulations.

The chief executive must ensure that arrangements are made for a suitable medical practitioner to act in place of the medical officer during the time the medical officer is away.

While acting in place of the medical officer, the medical practitioner has all the powers and functions conferred or imposed on the medical officer.

A medical officer of a prison may arrange for additional medical assistance in an emergency, but—

The health centre manager must promptly notify the chief executive in writing with any recommendations the health centre manager thinks fit, if the health centre manager has reason to believe that—

The health centre manager of a prison must ensure that special attention is paid to any prisoner who is—

Before the health centre manager notifies the chief executive under subclause (1) in relation to a matter that is outside the health centre manager’s scope of practice, he or she must consult a medical practitioner whose scope of practice includes that matter.

If satisfied that a prisoner detained in prison requires treatment by a health service provider, the following persons may refer the prisoner to a health service provider for treatment:

A health service provider must report to the medical officer or the health centre manager after a consultation has been completed in respect of a prisoner.

If a prisoner wishes to obtain treatment by a health service provider, but a medical officer or the health centre manager does not consider that a referral under subclause (1) is justified, the prisoner may obtain the treatment if—

A medicine prescribed for a prisoner by a health service provider may be administered at the prison only with the approval of the medical officer, or under the instruction of a medical practitioner.

An accused prisoner who at the time of his or her reception to a prison is undergoing urgent treatment by a health service provider may be visited and treated by the provider if—

In this regulation, treatment includes assessment.

The medical officer of a prison may, and if asked to do so by an inspector or an ombudsman or the chief executive, must, inspect and give a written report on the condition of the prison or any particular aspect of the prison as it affects the health of prisoners.

When subclause (1) applies, the medical officer—

In the case of a prison with 2 or more medical officers, the references in subclauses (1) and (2) to the medical officer must be read as references to 1 of them, designated by the chief executive for the purposes of this regulation.

A registered health professional, a medical officer of a prison, or a staff member who is a nurse may make recommendations to any other staff members in respect of the health needs of a prisoner.

In making any decision in respect of a prisoner, a staff member must consider all relevant recommendations under subclause (1).

A medical officer of a prison may at any time give the chief executive written recommendations on the health of any prisoner, or on any matter relating to the health or safety of prisoners.

A health centre manager must ensure that a medical officer is promptly notified if a prisoner’s physical or mental health appears to require the attention of a medical officer.

The chief executive must ensure that a medical officer is promptly notified if a prisoner has been placed under a mechanical restraint.

Subclause (2) does not apply—

The chief executive must ensure that—

A health centre manager may only approve a dental treatment if the matter falls within his or her scope of practice.

Any examination or treatment must be primarily concerned with the relief of pain, the maintenance of a reasonable standard of dental care relative to the dental and oral health of the prisoner concerned before the prisoner was admitted to the prison, or both.

Subclause (1) is subject to subclause (2).

In this regulation, dentist means a person for the time being registered as a dentist under the Health Practitioners Competence Assurance Act 2003.

All mail to or from a prisoner detained in a prison must be directed through the manager of the prison.

Reasonable quantities of materials for writing letters must be readily available to prisoners.

The prison must pay the postage of up to 3 standard letters per week sent by each prisoner within New Zealand.

The prison must pay the postage of up to 3 standard letters per week sent by a prisoner to an inspector or an ombudsman, but is not required under this subclause to pay the postage of more than 3 standard letters per week sent by a prisoner.

Subclause (3) is not subject to subclause (2).

The prison may pay the postage of any mail sent by a prisoner in excess of the limit stated in subclause (2) or subclause (3) if the manager of a prison so decides.

No correspondence to or from a prisoner may be copied unless—

A copy made under subclause (1) must be destroyed when it is no longer required for the purpose for which it was made or any other applicable purpose set out in the Act or in this regulation.

Unless the manager of a prison thinks it is in the interests of the prisoner or some other person, no prisoner may receive any incoming telephone call.

The manager of a prison—

In subclause (1)(b), proceedings are civil proceedings, or criminal proceedings, within the meaning of section 4(1) of the Legal Services Act 2011.

A remand prisoner must be given reasonable access to a telephone, free of charge, for the purpose of a communication specified in regulation 86(1)(a).

A sentenced prisoner must be given reasonable access to a telephone, free of charge, for the purpose of a communication specified in regulation 86(1)(b).

A prisoner detained in a prison who is not a New Zealand citizen must be given reasonable access to a telephone, free of charge, for the purpose of communicating with a consular representative of the country of which that prisoner is a citizen.

A prisoner must, immediately after reception to a prison (other than as a consequence of a transfer from another prison), be allowed 1 free telephone call within New Zealand for the purpose of advising the prisoner’s next of kin of his or her location, unless the prisoner’s next of kin has been advised of his or her location.

The manager of a prison may permit any person to visit or view it at any reasonable time.

During the visit or viewing, the person—

A statutory visitor may visit a prison and have access to the prisoners detained in that prison and staff members at any time if the visit or access is consistent with the statutory visitor’s statutory duties.

Subclause (1) is subject to regulations 110(2), 110(3), 112, and 113.

An interview between a prisoner detained in a prison and a statutory visitor must be held out of the hearing of any other person unless the prisoner or the visitor asks for a staff member to be present.

For the purposes of subclause (1), the performance by a consular representative of the functions referred to in Article 36 of the Vienna Convention on Consular Relations 1963 must be treated as the performance of that person’s statutory duties.

A statutory visitor—

The prescribed purposes for which a manager of a prison may approve a person as a specified visitor to that prison are—

The manager may—

In approving a person or a class of persons as a specified visitor to 1 or more prisons, the chief executive may—

An approval by the manager or the chief executive under regulation 91 or regulation 92 must—

On his or her own initiative, or at the request of the manager of a prison, the chief executive may—

The manager of a prison may—

The chief executive must notify the specified visitor and the appropriate manager in writing of any action taken under subclause (2).

The manager of a prison must notify the specified visitor in writing of any action taken under subclause (3).

A specified visitor may visit a prison and have access to the prisoners and staff members at any time if the visit or access is consistent with the specified visitor’s purpose and conditions of approval.

Subclause (1) is subject to—

An interview between a prisoner and a specified visitor must be held out of the hearing of any other person unless the prisoner or visitor asks for a staff member to be present.

A specified visitor must not receive any benefit, gift, gratuity, money, or reward of any kind from or on behalf of a prisoner unless—

Without first obtaining the written approval of the manager of the prison, a specified visitor must not—

Whenever an inspector of corrections visits a prison, he or she must have access at all times to—

An inspector of corrections must—

The purpose of any visit to a prisoner by a private visitor is to maintain the family and social relationships of the prisoner in order to promote the prisoner’s re-integration into the community on release.

Subclause (1) does not apply to visits by enforcement officers or the legal advisers of prisoners, or visits under regulation 108 or regulation 189(1).

A private visitor must not be allowed to visit a prisoner unless,—

A staff member supervising entry must deny entry to a prison to private visitors who do not have the prior approval of the chief executive or contractor, in the case of a contract prison, or the approval of the manager under subclause (1)(b).

The chief executive must ensure that each prison has in place a system by which private visitors may—

A contractor must ensure that each contract prison that he or she manages has in place a system by which private visitors may—

The chief executive, a contractor, or a prison manager (as the case may be) may decide not to approve a visitor under regulation 91, 92, or 99 if—