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.

Regulations

1 Title

These regulations are the Corrections Amendment Regulations 2008.

2 Commencement

These regulations come into force on 1 December 2008.

3 Principal regulations amended

These regulations amend the Corrections Regulations 2005.

4 Purposes for which eligible prisoners may be temporarily released under section 62

Regulation 27 is amended by inserting the following paragraph after paragraph (g):
- “(ga) to accompany a seriously ill member of the prisoner's family to medical treatment, and support the family member at the treatment:”.

5 Purposes for which eligible prisoners may be temporarily removed under section 62

Regulation 29 is amended by inserting the following paragraph after paragraph (f):
- “(fa) to accompany a seriously ill member of the prisoner's family to medical treatment, and support the family member at the treatment:”.

6 Duties of chief executive

Regulation 72(c) is revoked.

7 Medical officer may refer prisoner to health service provider

(1) Regulation 77(1) is amended by inserting “or a staff member who is a nurse” after “medical officer”.

(2) Regulation 77(2) is amended by inserting “or the staff member who is a nurse” after “medical officer”.

(3) Regulation 77(3) is amended by inserting “or a staff member who is a nurse” after “medical officer”.

8 Approval for placement of baby with mother

Regulation 170(1) is amended by omitting “6” in each place where it appears and substituting in each case “9”.

9 Regulation 171 revoked

Regulation 171 is revoked.

10 Approval for daily visits from baby

(1) Regulation 175(1)(a) is amended by omitting “6” and substituting “9”.

(2) Regulation 175(2) is amended by omitting “6” and substituting “9”.

11 Regulation 178 revoked

Regulation 178 is revoked.

12 Assistance with proceedings

Regulation 193 is amended by revoking subclause (2) and substituting the following subclause:
- “(2) When a prisoner to whom this regulation applies is preparing an appeal, application, defence, or plea, or preparing for any proceeding under the Immigration Act 1987, the manager of a prison must, as far as is reasonably practicable in the circumstances,—
  
  “(a) ensure that the prisoner is provided with adequate facilities to do so, to the extent that this is consistent with the maintenance of safety and security requirements; and
  
  “(b) facilitate contact between the prisoner and any adviser or assistant (other than another prisoner) helping the prisoner to do so.”

13 Schedule 1 amended

Part B of Schedule 1 is amended by omitting “(without built in DVD player or video recorder) with a screen size not exceeding 34 cmv/14 inches” and substituting “(without built in player or recording ability) with a sound system not exceeding 6 watts RMS (Root Mean Squared)”.

Rebecca Kitteridge,
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 amend the Corrections Regulations 2005, come into force on 1 December 2008. The amendments made by these regulations include—

increasing the upper age limit, from 6 months to 9 months, during which babies are allowed to remain with their mothers, or to visit their mothers daily, in prison:
allowing eligible prisoners to be temporarily removed or temporarily released from prison to accompany seriously ill members of their families to medical treatment, and to support them at the treatment:
enabling staff members who are nurses to refer prisoners to health service providers:
requiring the manager of a prison to ensure, as far as is reasonably practicable in the circumstances, and consistent with safety and security, that a prisoner has adequate facilities to prepare his or her defence.

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

Date of notification in Gazette: 9 October 2008.

These regulations are administered by the Department of Corrections.

Corrections Amendment Regulations 2008