{"id":"correctional-services-regulations-2016","name":"Correctional Services Regulations 2016","slug":"correctional-services-regulations-2016","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235326,"registerId":"sa-correctional-services-regulations-2016-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Correctional Services Regulations 2016","content":"South Australia\nCorrectional Services Regulations 2016\nunder the Correctional Services Act 1982\n\nContents\nPart 1—Preliminary\n1\tCitation\n3\tInterpretation\n3A\tDefinition of terrorist offence\n4\tCorresponding laws for purposes of section 27A of Act\nPart 2—Admission of prisoners to correctional institutions\n5\tAdmission hours\n6\tDeclaration by prisoner on admission\n7\tPrisoner may retain certain personal property\nPart 3—Prohibited items, activities and communications\n8\tProhibited items (sections 33, 33A, 49A and 51)\n9\tProhibited activities (section 33)\n10\tPenalties for breaches of regulations (sections 43 and 44)\n11\tProhibited manners of communication (section 51)\nPart 4—Conduct of prisoners\nDivision 1—Prisoners on home detention\n12\tPrisoner on home detention not to damage etc property of Department\nDivision 2—Prisoners in correctional institutions\nSubdivision 1—Interpretation\n13\tInterpretation\nSubdivision 2—Serious breaches\n14\tSerious breaches—miscellaneous\n15\tSerious breaches—sexual offences\n16\tThreatening behaviour\nSubdivision 3—Minor breaches\n17\tApplication of section 42A to this Subdivision\n18\tMinor breaches—miscellaneous\n19\tMinor breaches—alcohol and drugs\n20\tDefence to minor breaches relating to drugs\nSubdivision 4—Complicity\n21\tComplicity\nPart 5—Procedures on hearings and appeals\n22\tProcedure where CE deals with breach of regulations under section 43\n23\tProcedure of Visiting Tribunal dealing with breach of regulations\n24\tOrders relating to possession of prohibited item etc\n25\tAppeal against penalty imposed by CE (section 46)\n26\tAppeals against orders of Visiting Tribunals (section 47)\nPart 6—Parole Board procedures\n27\tSummons by Board\n28\tPrisoners excluded from automatic release on parole (section 66)\n29\tRelease on parole—application by prisoner\n30\tRelease on parole—application by CE\n31\tRelease on parole—details to be included in application\n32\tOrder for release on parole\n33\tCommunity corrections officer may give directions to parolee\n34\tVariation or revocation of parole conditions (section 71)\n35\tApplication for discharge from parole (section 72)\nPart 7—Drug testing of prisoners\n36\tDefinitions (section 4 of Act)\n37\tAuthorised officers\n38\tCE may establish drug testing procedures\nPart 7A—Drug and alcohol testing\nDivision 1—Preliminary\n38A\tInterpretation\n38B\tApparatus for conduct of drug screening tests\n38C\tCE may give approvals and authorisations for purposes of this Part\nDivision 2—Testing for drugs\n38D\tGeneral requirements\n38E\tOral fluid sample processes\n38F\tUrine sample processes\n38G\tBlood sample processes\n38H\tAnalysis of biological sample\nDivision 3—Alcohol testing\n38I\tBreath analyses—general\n38J\tConcentration of alcohol in breath taken to indicate concentration of alcohol in blood\n38K\tConduct of breath analysis\n38L\tProcedures for voluntary blood test\n38M\tRequest for approved blood test kit\nDivision 4—Evidence etc\n38N\tEvidence etc\nDivision 5—Other matters\n38O\tTest subject may arrange for analysis of biological sample\n38P\tDestruction of biological samples\nPart 8—Miscellaneous\n39\tPrescribed number of visitors (section 34)\n39A\tPrescribed period (section 57(4))\n40\tDealing with surrendered items\n41\tMedical examinations\n42\tProhibition on supply and administration of certain drugs\n43\tUnauthorised dealings with prisoners prohibited (section 82 of Act)\n44\tPrescribed weapons (section 86A)\nSchedule 1—Forms\nLegislative history\n\nPart 1—Preliminary\n1—Citation\nThese regulations may be cited as the Correctional Services Regulations 2016.\n3—Interpretation\nIn these regulations—\nAct means the Correctional Services Act 1982;\nauthorised telephone call means a telephone call that is made or received by a prisoner in accordance with rules made by the CE, or that has been specifically authorised by the manager of the correctional institution in which the prisoner is imprisoned;\nprohibited activity—see regulation 9;\nprohibited item—see regulation 8.\n3A—Definition of terrorist offence\n\t(1)\tFor the purposes of paragraph (e) of the definition of terrorist offence in section 4(1) of the Act, the following kinds of offences against the laws of South Australia are prescribed:\n\t(a)\tan offence against section 83CA of the Criminal Law Consolidation Act 1935;\n\t(b)\tany offence against Part 3D of the Criminal Law Consolidation Act 1935;\n\t(c)\tan offence against section 37 of the Summary Offences Act 1953.\n\t(2)\tFor the purposes of paragraph (e) of the definition of terrorist offence in section 4(1) of the Act, the following kinds of offences against the laws of other States and Territories of the Commonwealth are prescribed:\n\t(a)\tan offence against section 310J of the Crimes Act 1900 of New South Wales;\n\t(b)\tthe following offences against Schedule 1 of the Criminal Code Act 1983 of the Northern Territory:\n\t(i)\tan offence against section 51 where the unlawful organisation to which the offence relates is a terrorist organisation;\n\t(ii)\tan offence against section 53 where the unlawful organisation to which the offence relates is a terrorist organisation;\n\t(iii)\tan offence against section 54;\n\t(iv)\tan offence against section 55;\n\t(c)\tan offence against section 4B of the Terrorism (Community Protection) Act 2003 of Victoria.\n\t(3)\tIn this regulation—\nterrorist organisation means an organisation referred to in paragraph (b) of the definition of terrorist organisation in Division 102 of the Commonwealth Criminal Code.\n4—Corresponding laws for purposes of section 27A of Act\nThe following laws are corresponding laws for the purposes of section 27A of the Act:\n\t(a)\tChapter 12, Part 12.2 of the Corrections Management Act 2007 of the Australian Capital Territory;\n\t(b)\tPart 2 Division 3 Subdivision 2 (sections 27 to 37) of the Crimes (Administration of Sentences) Act 1999 of New South Wales;\n\t(c)\tChapter 3, Part 3.3, Division 3 of the Correctional Services Act 2014 of the Northern Territory;\n\t(d)\tChapter 2, Part 2, Division 9 of the Corrective Services Act 2006 of Queensland;\n\t(e)\tPart 6 (sections 47 to 56) of the Corrections Act 1997 of Tasmania;\n\t(f)\tPart 8A (sections 80 to 84EA) of the Corrections Act 1986 of Victoria;\n\t(g)\tsection 88 of the Prisons Act 1981 of Western Australia and regulations relating to interstate absence permits made under that section.\nPart 2—Admission of prisoners to correctional institutions\n5—Admission hours\n\t(1)\tNew prisoners may only be admitted for detention to the following correctional institutions from Monday to Friday (except public holidays), between 9 am and 6 pm:\n\t(a)\tAdelaide Remand Centre;\n\t(b)\tAdelaide Women's Prison;\n\t(c)\tCadell Training Centre;\n\t(d)\tMount Gambier Prison;\n\t(e)\tPort Augusta Prison;\n\t(f)\tPort Lincoln Prison;\n\t(g)\tYatala Labour Prison.\n\t(2)\tHowever, the CE may admit a new prisoner to an institution on some other day or at some other time if the CE thinks good reason exists for doing so.\n6—Declaration by prisoner on admission\nOn admission to a correctional institution, a prisoner must make a declaration in writing that specifies the personal property that the prisoner has with him or her or that is on or about the prisoner's person.\n7—Prisoner may retain certain personal property\n\t(1)\tA prisoner—\n\t(a)\tmust be permitted by the CE to retain at the correctional institution at which the prisoner is detained personal property—\n\t(i)\tthe total value of which does not exceed $500; and\n\t(ii)\tthat is capable of being stored in a receptacle of a total volume of 60 litres; and\n\t(b)\tmay, on written application to the CE, be permitted by the CE to retain at the correctional institution personal property that is of a kind other than that referred to in paragraph (a).\n\t(2)\tIf a prisoner is in possession of any personal property that the prisoner is not permitted to retain at the correctional institution under subregulation (1) the prisoner must make arrangements to store it at a place other than a correctional institution and any costs incurred in storing the property will be borne by the prisoner.\n\t(3)\tIf a prisoner refuses or fails to make arrangements, within a period specified by the CE for the purposes of this subregulation (which must be a period of at least 60 days), to store property as required by subregulation (2), the CE may make such arrangements as are necessary—\n\t(a)\tto have the property stored at a place other than the correctional institution; or\n\t(b)\tto otherwise deal with or dispose of the goods as the CE thinks fit (for example, by selling or destroying them),\nand the CE may deduct any costs incurred in making such arrangements from any money held to the credit of the prisoner.\n\t(4)\tFor the purposes of subregulation (1), if the value of personal property of a prisoner is not apparent, the CE may determine the value of the property.\nPart 3—Prohibited items, activities and communications\n8—Prohibited items (sections 33, 33A, 49A and 51)\n\t(1)\tFor the purposes of sections 33(3)(f), 33A(4) and (5), and 51(1)(b), of the Act, the following items are prohibited items:\n\t(a)\ta substance that is—\n\t(i)\ta prescription drug; or\n\t(ii)\ta controlled drug,\nunder the Controlled Substances Act 1984;\n\t(b)\ta syringe or needle;\n\t(c)\ta device capable of being used for the administration of a controlled drug by means of the drawing of smoke or fumes (resulting from the heating or burning of the drug or substance), including a device known as a bong;\n\t(ca)\ttobacco and any product associated with smoking tobacco (including a cigarette paper, lighter or filter);\n\t(d)\tany—\n\t(i)\tflammable, corrosive or toxic substance that is a dangerous substance under the Dangerous Substances Act 1979; or\n\t(ii)\talcohol; or\n\t(iii)\tpaint; or\n\t(iv)\toil; or\n\t(v)\tacid or alkali; or\n\t(vi)\tglue; or\n\t(vii)\therbicide, fungicide or insecticide;\n\t(e)\tany pressurised spray canister;\n\t(f)\tany explosive, explosive device or incendiary device, or any substance or device that can be used in the manufacture of an explosive or incendiary device;\n\t(g)\tany pistol, revolver, rifle, machine gun, shot gun or any other kind of gun or weapon;\n\t(h)\tany device or instrument designed or commonly used, or that has been or is capable of being adapted or modified, for the purpose of—\n\t(i)\tinflicting any kind of bodily injury or harm to a person; or\n\t(ii)\tassisting a prisoner to escape from a correctional institution;\n\t(i)\tany book, diagram, plan or other document, or audio or video recording, or any other material of any kind, that instructs, teaches or otherwise guides a person—\n\t(i)\thow to make any item referred to in the preceding paragraphs; or\n\t(ii)\tabout a method of escaping from a correctional institution or causing an insurrection, riot or other disturbance at a correctional institution;\n\t(j)\ta film classified RC, X 18+ or R 18+, or a computer game classified RC, under the Classification (Publications, Films and Computer Games) Act 1995;\n\t(k)\tany pornographic material;\n\t(l)\ta camera or other device capable of capturing or recording images (whether digitally or on film or tape);\n\t(m)\ta mobile telephone, mobile telephone accessory or other device that may be used to make or receive a telephone call other than an authorised telephone call;\n\t(n)\ta 2-way radio (also known as a walkie talkie);\n\t(o)\tany device that includes a modem or other device enabling it to transmit or receive data to or from a network of computers;\n\t(p)\tany unauthorised data storage device.\n\t(2)\tFor the purposes of paragraph (p) of subregulation (1)—\nunauthorised data storage device means a data storage device that has not been specifically authorised by the CE, but does not include a data storage device of a kind referred to in a preceding paragraph of that subregulation or a data storage device containing only a film or computer game classified G under the Classification (Publications, Films and Computer Games) Act 1995.\n\t(2a)\tFor the purposes of sections 49A(b) and 51(3) of the Act, the following items are prescribed:\n\t(a)\ta prescription drug under the Controlled Substances Act 1984;\n\t(b)\tthe items specified in subregulation (1)(b) to (p).\n\t(3)\tFor the purposes of paragraph (ab) of the penalty provision of section 51(1) of the Act, the items specified in paragraphs (g) and (m) of subregulation (1) are prescribed.\n9—Prohibited activities (section 33)\nFor the purposes of section 33(3)(e) of the Act, the following activities are prohibited:\n\t(a)\ta riot, insurrection or disturbance in a correctional institution;\n\t(b)\tthe taking of a hostage in a correctional institution;\n\t(c)\tescape from lawful custody.\n10—Penalties for breaches of regulations (sections 43 and 44)\n\t(1)\tFor the purposes of section 43(2)(a) of the Act, the prescribed amount is $40.\n\t(2)\tFor the purposes of section 44(2)(c) of the Act, the prescribed amount is $75.\n\t(3)\tFor the purposes of section 44(4) of the Act, the prescribed amount is $3 000.\n11—Prohibited manners of communication (section 51)\n\t(1)\tFor the purposes of section 51(1)(a) of the Act, all manners of communication between a prisoner and a person (other than a person who is lawfully in the same place as the prisoner) are prohibited except communications—\n\t(a)\tat a lawful visit; or\n\t(b)\tby an authorised telephone call; or\n\t(c)\tby a letter lawfully sent to a prisoner.\n\t(2)\tWithout limiting subsection (1), for the purposes of section 51(1)(a) of the Act, all manners of communication between a prisoner and a person or organisation engaged in the provision of a service for the purposes of facilitating relationships between prisoners and persons who are not prisoners are prohibited.\n\t(3)\tIn this regulation—\ncommunication includes conversation and a message, and any part of a conversation or message, whether—\n\t(a)\tin the form of—\n\t(i)\tspeech, music or other sounds; or\n\t(ii)\tdata; or\n\t(iii)\ttext; or\n\t(iv)\tvisual images, whether or not animated; or\n\t(v)\tsignals; or\n\t(b)\tin any other form or in any combination of forms.\nPart 4—Conduct of prisoners\nDivision 1—Prisoners on home detention\n12—Prisoner on home detention not to damage etc property of Department\nA prisoner serving a period of home detention must not, without lawful authority or reasonable excuse, damage, interfere with, alter or dispose of any property belonging to the Department that is in the prisoner's custody.\nDivision 2—Prisoners in correctional institutions\nSubdivision 1—Interpretation\n13—Interpretation\nIn this Division—\nprisoner does not include—\n\t(a)\ta prisoner serving a period of home detention under Part 4 of the Act; or\n\t(b)\ta prisoner released on parole under Part 6 of the Act; or\n\t(c)\ta prisoner on home detention subject to a home detention order under the Criminal Law (Sentencing) Act 1988.\nSubdivision 2—Serious breaches\n14—Serious breaches—miscellaneous\n\t(1)\tA prisoner must not assault another person.\n\t(2)\tA prisoner must not—\n\t(a)\tdisrupt security or order in a correctional institution; or\n\t(b)\tincite another person to disrupt security or order in a correctional institution.\n\t(3)\tA prisoner must not—\n\t(a)\tmake preparation for a prohibited activity; or\n\t(b)\tpossess plans for the carrying out of a prohibited activity; or\n\t(c)\tattempt to carry out a prohibited activity; or\n\t(d)\twithout the specific authorisation of the CE—possess an article that may assist a prisoner to engage in a prohibited activity.\n\t(4)\tA prisoner must not disobey, or refuse or fail to comply with—\n\t(a)\ta lawful order or direction of an officer or employee of the Department or of a person authorised by the CE, individually or by class, to give directions to prisoners; or\n\t(b)\ta procedure for, or notice or direction about, work safety promulgated by an officer or employee of the Department.\n\t(5)\tA prisoner must not perform work in an unsafe manner—\n\t(a)\tknowing it to be unsafe; or\n\t(b)\twith reckless indifference as to whether or not it is unsafe.\n\t(6)\tA prisoner must not set fire to any article without the authority of an officer or employee of the Department.\n\t(7)\tA prisoner must not communicate with a person in a manner prohibited under these regulations.\n15—Serious breaches—sexual offences\n\t(1)\tA prisoner must not sexually harass another person.\n\t(2)\tA prisoner sexually harasses another person if he or she does any of the following acts in such a manner or in such circumstances that the other person feels offended, humiliated or intimidated:\n\t(a)\the or she subjects the other person to an unsolicited act of physical intimacy;\n\t(b)\the or she demands or requests (directly or by implication) sexual favours from the other person;\n\t(c)\the or she makes, on more than 1 occasion, a remark with sexual connotations relating to the other person,\nand it is reasonable in all the circumstances that the other person should feel offended, humiliated or intimidated by that conduct.\n16—Threatening behaviour\n\t(1)\tA prisoner must not threaten any person (whether for the purposes of obtaining a benefit or not).\n\t(2)\tIt is a defence to a charge against subregulation (1) if the prisoner proves that the threat was a threat to invoke the due process of the law and that—\n\t(a)\tthe prisoner did not intend to obtain a benefit for himself, herself or any other person by making the threat; or\n\t(b)\tthe prisoner made the threat only for the purpose of avoiding the circumstance in relation to which the law would be invoked.\nSubdivision 3—Minor breaches\n17—Application of section 42A to this Subdivision\nSection 42A of the Act applies to the regulations in this Subdivision.\n18—Minor breaches—miscellaneous\n\t(1)\tA prisoner must obey the rules made by the CE relating to the management of the correctional institution in which the prisoner is imprisoned.\n\t(2)\tA prisoner must not behave in a disorderly manner or cause unreasonable disturbance or annoyance to another person.\n\t(3)\tA prisoner must not forge, counterfeit or alter any document, article of identification or signature.\n\t(4)\tA prisoner must not hinder or obstruct—\n\t(a)\tan officer or employee of the Department in the exercise of his or her powers or functions; or\n\t(b)\tany other person lawfully exercising powers or carrying out functions in relation to prisoners.\n\t(5)\tA prisoner must not make a complaint against a person unless the prisoner has adequate grounds to believe that the complaint is true.\n\t(6)\tA prisoner must not use language or make a gesture that is abusive, insolent or obscene.\n\t(7)\tA prisoner must not refuse to work or carry out his or her duties without a reasonable excuse.\n\t(8)\tA prisoner must not—\n\t(a)\ttattoo himself or herself; or\n\t(b)\ttattoo another prisoner; or\n\t(c)\tallow himself or herself to be tattooed.\n\t(9)\tA prisoner must not, without lawful authority, be in possession of any property of the Department or another person.\n\t(10)\tA prisoner must not, without lawful authority or reasonable excuse, damage, interfere with, alter or dispose of any property belonging to the Department or to another person.\n\t(11)\tA prisoner must not possess, or supply to another prisoner, a prohibited item.\n\t(12)\tA prisoner must not supply any property to another prisoner or receive any property from another prisoner—\n\t(a)\twithout the authorisation of the CE; or\n\t(b)\tin exchange for any valuable consideration, benefit or service.\n\t(13)\tA prisoner must not fight with another prisoner.\n\t(14)\tA prisoner must not gamble.\n\t(15)\tA prisoner must not deposit litter, refuse or waste matter in any place other than a receptacle provided for the purpose.\n\t(16)\tA prisoner must not enter a cell or quarters other than his or her own without the authorisation of an officer or employee of the Department.\n\t(17)\tA prisoner must not leave—\n\t(a)\tan area in which the prisoner is directed to be; or\n\t(b)\tthe areas in which the prisoner is authorised to be,\nwithout the permission of an officer or employee of the Department.\n\t(18)\tA prisoner must not use equipment or machinery of the Department without the authorisation of an officer or employee of the Department or of any other person who has lawful control over the use of the machinery or equipment.\n\t(19)\tA prisoner must not—\n\t(a)\tintentionally; or\n\t(b)\twith reckless indifference as to whether or not a task is mismanaged or improperly performed,\nmismanage or improperly perform prison work or any other task assigned to the prisoner by an officer or employee of the Department.\n19—Minor breaches—alcohol and drugs\n\t(1)\tA prisoner must not supply or administer to another person—\n\t(a)\talcohol; or\n\t(b)\ta substance that is a prescription drug or controlled drug under the Controlled Substances Act 1984.\n\t(2)\tA prisoner must not possess or consume, or administer to himself or herself, alcohol unless the alcohol was possessed, consumed or administered in accordance with the authorisation of an officer or employee of the Department.\n\t(3)\tA prisoner must not possess or consume, or administer to himself or herself, a substance that is a controlled drug (other than a drug of dependence) under the Controlled Substances Act 1984.\n\t(4)\tA prisoner must not possess or consume, or administer to himself or herself, a substance that is a prescription drug or a drug of dependence under the Controlled Substances Act 1984 unless—\n\t(a)\tthe substance has, for the purposes of that Act, been lawfully prescribed for or supplied to the prisoner; and\n\t(b)\tthe prisoner possesses or consumes or administers the substance for the purpose for which it was prescribed or supplied.\n20—Defence to minor breaches relating to drugs\n\t(1)\tIf a drug is found to be present in a biological sample of a prisoner, the prisoner will be taken to be guilty of an offence against the relevant provision of regulation 19 unless—\n\t(a)\tthe drug was lawfully supplied or administered to the prisoner; or\n\t(b)\tthe prisoner had not, on the day the biological sample was given, been in prison for the prescribed period; or\n\t(c)\tthe prescribed period had not, on that day, elapsed since the prisoner last gave a biological sample in which the same drug was found to be present.\n\t(2)\tFor the purposes of subregulation (1), the prescribed period means, in relation to the following drugs or a drug of the following classes:\n\t(a)\tamphetamines—7 days;\n\t(b)\tcocaine metabolite—7 days;\n\t(c)\topiates—7 days;\n\t(d)\ttricyclic antidepressants—7 days;\n\t(e)\tmethadone—21 days;\n\t(f)\tbarbiturates—28 days;\n\t(g)\tbenzodiazapines—28 days;\n\t(h)\tcannabinoids—70 days.\nSubdivision 4—Complicity\n21—Complicity\nA prisoner who aids, abets, counsels or procures the commission of an offence under this Part is guilty of an offence and liable to be dealt with under the Act as a principal offender.\nPart 5—Procedures on hearings and appeals\n22—Procedure where CE deals with breach of regulations under section 43\n\t(1)\tFor the purposes of section 43(1) of the Act—\n\t(a)\tthe prescribed time within which the CE may charge a prisoner with the offence of a breach of the regulations is 8 weeks from the date of the alleged breach; and\n\t(b)\tthe prescribed manner of conducting an inquiry into the allegation (except where the proceedings are to be heard and determined in the absence of the prisoner) is set out in the following subregulations.\n\t(2)\tOn charging a prisoner with an offence against the regulations, the CE must—\n\t(a)\timmediately give the prisoner a notice in writing that—\n\t(i)\tsets out the date of the alleged offence and briefly states the facts on which the alleged offence is founded; and\n\t(ii)\tidentifies the particular regulation that is alleged to have been breached; and\n\t(b)\tas soon as practicable after giving the prisoner notice of the alleged offence, fix a time, date and place for the hearing of the inquiry; and\n\t(c)\tafter fixing the time, date and place for the hearing of the inquiry, immediately inform the prisoner, by notice in writing, of the time, date and place of the hearing.\n\t(3)\tAt the commencement of the inquiry, the CE must—\n\t(a)\tread out the charge to the prisoner; and\n\t(b)\texplain in simple language to the prisoner—\n\t(i)\tthe nature of the charge; and\n\t(ii)\tthe penalty that may be imposed if the charge is proved; and\n\t(iii)\tthe procedure that will be followed in conducting the inquiry; and\n\t(iv)\tthat the prisoner need not choose to give evidence but that, if the prisoner does so, the prisoner will be liable to be cross-examined.\n\t(4)\tAt the conclusion of the inquiry, the CE must—\n\t(a)\tmake a written record of—\n\t(i)\tthe CE's decision in the matter; and\n\t(ii)\tthe reasons for the decision; and\n\t(iii)\tthe penalty (if any) imposed; and\n\t(iv)\tthe reasons for the penalty; and\n\t(b)\tprovide the prisoner with a copy of the record.\n23—Procedure of Visiting Tribunal dealing with breach of regulations\n\t(1)\tThe procedure to be followed by a Visiting Tribunal in proceedings under Division 2 of Part 5 of the Act (except where proceedings are to be heard and determined in the absence of the prisoner) is set out in the Act and in the following subregulations.\n\t(2)\tAt the commencement of the hearing, the Visiting Tribunal must—\n\t(a)\tread out the charge to the prisoner; and\n\t(b)\texplain in simple language to the prisoner—\n\t(i)\tthe nature of the charge; and\n\t(ii)\tthe penalty that may be imposed if the charge is proved; and\n\t(iii)\tthe procedure that will be followed; and\n\t(iv)\tthat the prisoner need not give evidence but that, if the prisoner does so, the prisoner will be liable to be cross-examined.\n\t(3)\tAt the conclusion of the hearing, the Visiting Tribunal must—\n\t(a)\tmake a written record of—\n\t(i)\tits decision in the matter; and\n\t(ii)\tthe reasons for the decision; and\n\t(iii)\tthe penalty (if any) imposed; and\n\t(iv)\tthe reasons for the penalty; and\n\t(b)\tprovide the prisoner with a copy of the record.\n24—Orders relating to possession of prohibited item etc\nIf the CE or a Visiting Tribunal has heard and determined a matter arising out of a breach of the regulations and the determination contains a finding that a prisoner was in possession of anything contrary to these regulations, the CE or Visiting Tribunal (as the case requires) may make any of the following orders:\n\t(a)\tin the case of a sum of money—\n\t(i)\tif the prisoner is lawfully entitled to it—that the whole or part of it be credited to the prisoner; or\n\t(ii)\tif the prisoner is not lawfully entitled to it—\n\t(A)\tthat it be returned to the person lawfully entitled to it; or\n\t(B)\twhere the identity or whereabouts of the person lawfully entitled to it cannot be ascertained—that it be paid to the Treasurer as unclaimed money for the purpose of the Unclaimed Moneys Act 1891;\n\t(b)\tin any other case—\n\t(i)\tif the prisoner is lawfully entitled to it—that it be retained and handed to the prisoner on the prisoner's discharge from prison; or\n\t(ii)\tif the prisoner is not lawfully entitled to it—\n\t(A)\tthat it be returned to the person lawfully entitled to it; or\n\t(B)\twhere the identity or whereabouts of the person lawfully entitled to it cannot be ascertained—that it be destroyed or disposed of in such manner as is considered to be expedient.\n25—Appeal against penalty imposed by CE (section 46)\n\t(1)\tFor the purposes of section 46(2) of the Act, the prescribed manner for instituting an appeal by a prisoner to a Visiting Tribunal against a penalty imposed by the CE is set out in the following subregulations.\n\t(2)\tThe prisoner must, within 7 days of receiving a copy of the record of the penalty imposed and the reasons for the penalty, serve on the CE a notice in writing stating—\n\t(a)\tthat the prisoner intends to appeal; and\n\t(b)\tthe grounds of the appeal.\n\t(3)\tAfter being served with a notice of appeal, the CE must—\n\t(a)\tarrange for the Visiting Tribunal to hear the appeal; and\n\t(b)\tprovide the Visiting Tribunal with a copy of—\n\t(i)\tthe notice of appeal; and\n\t(ii)\tthe record made by the CE under regulation 22.\n\t(4)\tThe prisoner must be notified in writing, at least 7 days before the date fixed for the hearing, of the time, date and place fixed for the hearing.\n26—Appeals against orders of Visiting Tribunals (section 47)\n\t(1)\tFor the purposes of section 47(2) of the Act, the prescribed manner in which an appeal against an order of a Visiting Tribunal is to be instituted is set out in the following subregulations.\n\t(2)\tThe prisoner must, within 14 days of receiving a copy of the record of the penalty imposed and the reasons for the penalty, serve on the CE a notice in writing that—\n\t(a)\tidentifies the proceedings that are the subject of the appeal; and\n\t(b)\tsets out the reasons why the prisoner considers that the proceedings were not conducted in accordance with the Act and these regulations.\n\t(3)\tThe CE must, within 14 days of receiving a notice under subregulation (2), lodge at the District Court or the Magistrates Court (as the case requires)—\n\t(a)\ta copy of the notice; and\n\t(b)\ta copy of the record that has been made under these regulations relating to the proceedings the subject of the appeal; and\n\t(c)\tany other relevant material.\nPart 6—Parole Board procedures\n27—Summons by Board\n\t(1)\tA summons under section 63(1)(a) of the Act requiring a person to attend before the Board must be in the form set out in Form 1 of Schedule 1.\n\t(2)\tA summons under section 63(1)(b) of the Act requiring a person to produce a document relating to a matter before the Board must be in the form set out in Form 2 of Schedule 1.\n28—Prisoners excluded from automatic release on parole (section 66)\n\t(1)\tFor the purposes of section 66(2)(b) of the Act, a prisoner is excluded from the application of section 66(1) of the Act if any part of the imprisonment for which the prisoner was sentenced is in respect of an offence against section 99I of the Summary Procedure Act 1921 arising out of a breach of a paedophile restraining order.\n\t(2)\tIn this regulation—\npaedophile restraining order means—\n\t(a)\tan order under section 99AA of the Summary Procedure Act 1921; or\n\t(b)\tan order under section 19A of the Criminal Law (Sentencing) Act 1988 that has effect as a restraining order under section 99AA of the Summary Procedure Act 1921.\n29—Release on parole—application by prisoner\n\t(1)\tAn application by a prisoner for release on parole made under section 67 of the Act must be made in the form set out in Form 3 of Schedule 1.\n\t(2)\tThe prisoner must serve a copy of the application on the CE and the Board and may serve each copy by post.\n\t(3)\tOn receiving the prisoner's application for parole, the CE must cause details of the prisoner specified in section 31 to be served personally on the prisoner and on the Board.\n30—Release on parole—application by CE\nThe CE, or any officer or employee of the Department authorised by the CE—\n\t(a)\tmay apply under section 67 of the Act for a prisoner's release on parole in the form set out in Form 4 of Schedule 1; and\n\t(b)\tmust cause details of the prisoner specified in section 31 to be served personally on the prisoner and on the Board.\n31—Release on parole—details to be included in application\n\t(1)\tFor the purposes of regulations 29 and 30, the details specified are—\n\t(a)\tthe prisoner's—\n\t(i)\tidentification number; and\n\t(ii)\talias; and\n\t(iii)\tdate of birth; and\n\t(iv)\tsex or gender identity; and\n\t(v)\tcriminal history; and\n\t(vi)\ttotal period of imprisonment; and\n\t(b)\tthe date and details of the prisoner's conviction; and\n\t(c)\tthe date on which the prisoner's non-parole period expires; and\n\t(d)\tany deportation or extradition order relating to the prisoner; and\n\t(e)\tany details of home detention relating to the prisoner.\n\t(2)\tIn providing details in accordance with this regulation, the CE or the officer or employee of the Department authorised by the CE (as the case may be) must certify that the details are accurate.\n32—Order for release on parole\n\t(1)\tIf the Board makes an order releasing a prisoner on parole under Part 6 Division 3 of the Act—\n\t(a)\tthe order must be in the form set out in Form 5 of Schedule 1; and\n\t(b)\tthe Board must send a copy of the order to—\n\t(i)\tthe prisoner who is to be released on parole; and\n\t(ii)\tthe CE.\n\t(2)\tThe manager of a correctional institution who receives a copy of an order referred to in subregulation (1) must return to the Board the copy of the order, signed by the prisoner, within a reasonable time of the prisoner being released on parole.\n33—Community corrections officer may give directions to parolee\nA community corrections officer may, subject to the conditions of parole, give a prisoner released on parole 1 or more of the following directions:\n\t(a)\tto report to the community corrections officer on a regular basis;\n\t(b)\tto reside at a place specified by the community corrections officer;\n\t(c)\tto follow a particular course of employment;\n\t(d)\tto notify the community corrections officer of any change in the person's place of residence or place of employment within 48 hours of any such change occurring;\n\t(e)\tto obtain the community corrections officer's written permission before the person leaves the State;\n\t(f)\tnot to possess a firearm;\n\t(g)\tto avoid having contact with a specified person;\n\t(h)\tto obey any condition ordered by the Board as a condition of the prisoner's release on parole;\n\t(i)\tnot to visit a specified place either generally or at a specified time;\n\t(j)\tnot to have contact with any specified thing.\n34—Variation or revocation of parole conditions (section 71)\n\t(1)\tAn application by a person under section 71 of the Act for an order to vary or revoke any condition of parole must—\n\t(a)\tbe in writing; and\n\t(b)\tbe signed by the person making the application; and\n\t(c)\tcontain a concise statement setting out the facts on which the person intends to rely in support of the application.\n\t(2)\tThe applicant must serve the application on the secretary to the Board by post or by leaving the application at the office of the secretary to the Board.\n35—Application for discharge from parole (section 72)\nAn application by a person under section 72 of the Act for an order discharging the person from parole must—\n\t(a)\tbe in writing; and\n\t(b)\tcontain a concise statement setting out the facts on which the person intends to rely in support of the application.\nPart 7—Drug testing of prisoners\n36—Definitions (section 4 of Act)\n\t(1)\tIn accordance with paragraph (b) of the definition of drug in section 4 of the Act, the following substances (generally only supplied on prescription) are declared to be a drug for the purposes of the Act:\n\t(a)\talprazolam\nbromazepam\nchlorazepate\nchlordiazepoxide\nclobazam\nclonazepam\ndiazepam\nflunitrazepam\nflurazepam\nlorazepam\nmidazolam\noxazepam\ntemazepam\ntriazolam;\n\t(b)\tamitriptyline\nclomipramine\ndothiepin\ndoxepin\nimipramine\nnortriptyline\ntrimipramine.\n\t(2)\tFor the purposes of the definition of prescribed procedure in section 4(1) of the Act, the taking of a biological sample in accordance with a procedure established under regulation 38(1) from a person for analysis is prescribed.\n37—Authorised officers\nThe CE may, by instrument in writing, appoint an officer or employee of the Department with qualifications or experience considered by the CE to be appropriate to carry out drug testing of prisoners under section 37AA of the Act, to be an authorised officer for a term, and subject to the conditions or limitations, specified in the instrument.\n38—CE may establish drug testing procedures\n\t(1)\tThe CE may, from time to time, establish procedures (which should be consistent with appropriate medical standards or other relevant professional standards) to be followed for the purposes of drug testing prisoners under section 37AA of the Act.\n\t(2)\tA prisoner required to submit to an alcotest must not refuse or fail to comply with all reasonable directions of an authorised officer in relation to the requirement and, in particular, must not refuse or fail to exhale into the apparatus by which the alcotest is conducted in accordance with the directions of the authorised officer.\n\t(3)\tA prisoner required to submit to drug testing must not refuse or fail to comply with all reasonable directions of an authorised officer in relation to the drug test and, in particular, must not refuse or fail to supply a biological sample for testing in accordance with the directions of the authorised officer.\n\t(4)\tA prisoner who has not, within the period specified in the procedures of being directed to do so, provided a sample of his or her urine in accordance with the direction, will be taken to have failed to comply with the direction.\n\t(5)\tThe maxima of the penalties that may be imposed under section 43 or 44 of the Act for a breach of this regulation are as follows:\n\nSection 43(2):\n(a)\nforfeiture of a sum of money\n$75\n(b)\nforfeiture of amenities or privileges\n84 days\n(c)\nexclusion from work\n42 days\nSection 44(2):\n(a)\nforfeiture of a sum of money\n$150\n(b)\nforfeiture of amenities or privileges\n6 months\n(c)\nexclusion from work\n84 days\nPart 7A—Drug and alcohol testing\nDivision 1—Preliminary\n38A—Interpretation\n\t(1)\tIn this Part, unless the contrary intention appears—\napproved blood test kit means a kit of a kind declared under the Road Traffic Act 1961 to be an approved blood test kit;\napproved forensic laboratory means a laboratory approved by the CE as a forensic laboratory for the purposes of this Part;\napproved scientist means—\n\t(a)\ta person appointed by the CE as an approved scientist for the purposes of this Part; or\n\t(b)\ta person holding a position of a class approved by the CE for the purposes of this Part;\nauthorised officer means—\n\t(a)\ta person appointed by the CE as an authorised officer for the purposes of this Part; or\n\t(b)\ta person holding a position of a class approved by the CE for the purposes of this Part;\nblood test information sheet means an information sheet in an approved form that sets out, for the benefit of sample collectors, the procedures prescribed under regulation 38L;\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\nprescribed concentration of alcohol means a concentration of 0.02 grams or more of alcohol in 100 millilitres of blood;\nprescribed drug means—\n\t(a)\tcocaine;\n\t(b)\tdelta‑9‑tetrahydrocannabinol;\n\t(c)\tdiacetylmorphine;\n\t(d)\tmethylamphetamine;\n\t(e)\t3, 4‑methylenedioxymethamphetamine (MDMA);\nregistered nurse means a person registered under the Health Practitioner Regulation National Law—\n\t(a)\tto practise in the nursing and midwifery profession as a nurse (other than as a student); and\n\t(b)\tin the registered nurses division of that profession;\nresponsible person, in relation to an approved forensic laboratory, means a person approved by the CE as a responsible person for the forensic laboratory for the purposes of this Part;\nsample collector means—\n\t(a)\tin the case of a sample of blood—a medical practitioner or registered nurse; and\n\t(b)\tin the case of a sample of oral fluid or urine—an authorised officer;\ntest subject means a person required to undergo drug and alcohol testing under Part 7A of the Act;\nurine screening test means a test of a kind approved by the CE under regulation 38C for the conduct of urine screening tests.\n\t(2)\tFor the purposes of this Part, a reference to a document being in an approved form means in a form approved by the CE under regulation 38C.\n38B—Apparatus for conduct of drug screening tests\nFor the purposes of the definition of drug screening test in section 81S(1) of the Act, an apparatus of a kind authorised by the CE is approved for the conduct of drug screening tests.\n38C—CE may give approvals and authorisations for purposes of this Part\nThe CE may give such approvals or authorisations as are necessary or contemplated for the purposes of this Part, including (for example) approving or authorising certificates, other forms and tests for the conduct of urine screening.\nDivision 2—Testing for drugs\n38D—General requirements\n\t(1)\tIf a test subject (other than a person to whom section 81U(1) or 81V(1) of the Act applies) has been required to submit to testing for the presence of drugs under Part 7A of the Act—\n\t(a)\tany drug screening test may not be commenced more than 8 hours following a critical incident; and\n\t(b)\tany biological sample that is required to be taken from the test subject must not be taken more than 8 hours following a critical incident.\n\t(2)\tThe performance of a drug screening test commences when a direction is first given to the test subject to provide a sample of oral fluid to be used for the drug screening test.\n\t(3)\tThe following applies to the taking of a biological sample from a test subject by an authorised officer for the purposes of testing for drugs:\n\t(a)\tif the authorised officer considers that a sample of oral fluid can be taken—the authorised officer must take a sample of oral fluid;\n\t(b)\tif the authorised officer considers that a sample of oral fluid cannot be taken but that a sample of urine can—the authorised officer must take a sample of urine;\n\t(c)\tif the authorised officer considers that neither a sample of oral fluid nor a sample of urine can be taken—the authorised officer must arrange for a medical practitioner or registered nurse to take a sample of blood.\n38E—Oral fluid sample processes\n\t(1)\tThe following are the procedures in accordance with which a sample of a test subject's oral fluid must be taken and dealt with for the purposes of testing for drugs:\n\t(a)\tthe authorised officer must provide the test subject with the means by which the test subject can provide the sample of oral fluid;\n\t(b)\twhen the authorised officer is satisfied that the test subject has provided a satisfactory sample of the test subject's oral fluid, the officer must place the sample, in approximately equal proportions, in 2 containers suitable for the purpose;\n\t(c)\teach container must contain a sufficient quantity of oral fluid to enable an analysis to be made of the presence of a prescribed drug in the oral fluid;\n\t(d)\tthe authorised officer must then mark each container in a manner approved by the CE and seal each container;\n\t(e)\tit is the duty of the authorised officer to take such measures as are reasonably practicable in the circumstances to ensure that the sample is not adulterated and does not deteriorate so as to prevent a proper analysis of the presence of a prescribed drug in the oral fluid;\n\t(f)\tthe authorised officer must then complete a certificate in the approved form by inserting the particulars required by the form, which must then be signed by the officer and the test subject;\n\t(g)\tthe original of the signed certificate must then be sent to or retained on behalf of the CE;\n\t(h)\ta copy of the signed certificate must be delivered to the test subject together with a written notice advising that a container containing part of the oral fluid sample taken from the test subject and marked with the identification number specified in the notice will be available for collection by or on behalf of the test subject at a specified place.\n\t(2)\tA test subject must comply with all reasonable directions of an authorised officer in connection with the taking of an oral fluid sample and the signing of a certificate under this regulation.\n38F—Urine sample processes\n\t(1)\tThe following are the procedures in accordance with which a sample of a test subject's urine must be taken and dealt with for the purposes of testing for drugs:\n\t(a)\tthe authorised officer must provide the test subject with a urine collection container and allow the test subject to provide the sample in private;\n\t(b)\tthe test subject must provide a sufficient sample of the test subject's urine in the container and then deliver the container to the authorised officer immediately;\n\t(c)\tthe authorised officer—\n\t(i)\tmust, within 4 minutes of receiving the sample, test the temperature, and conduct a visual examination, of the sample; and\n\t(ii)\tmay conduct any other test designed to determine whether or not the sample is a sample of the test subject's urine and is otherwise suitable for analysis;\n\t(d)\tif the authorised officer has reasonable cause to suspect that the sample—\n\t(i)\tis not a sample of the test subject's urine or has been diluted or tampered with in any way; or\n\t(ii)\tis not suitable for analysis for some other reason,\nthe officer must require another sample to be provided in accordance with this regulation;\n\t(e)\tif the test subject provides 2 samples that, in the opinion of the authorised officer, are not samples of the test subject's urine or are otherwise unsuitable for analysis, the test subject will be taken to have failed to comply with section 81T, 81U or 81V of the Act (as the case requires);\n\t(f)\twhen the authorised officer is satisfied that the test subject has provided a satisfactory sample of the test subject's urine, the officer may subject the sample to a urine screening test to determine whether the sample should be submitted for analysis;\n\t(g)\tif the authorised officer does not subject the sample to a urine screening test, or a urine screening test indicates that a prescribed drug may be present in the sample, the officer must, in the presence of the test subject place the sample, in approximately equal proportions, in 2 containers suitable for the purpose;\n\t(h)\teach container referred to in paragraph (g) must contain a sufficient quantity of urine to enable an analysis to be made of the presence of a prescribed drug in the urine;\n\t(i)\tthe authorised officer must then mark each container in a manner approved by the CE and seal each container;\n\t(j)\tit is the duty of the authorised officer to take such measures as are reasonably practicable in the circumstances to ensure that the urine is not adulterated and does not deteriorate so as to prevent a proper assessment of the concentration of any prescribed drug present in the urine of the test subject;\n\t(k)\tthe authorised officer must then complete a certificate in the approved form by inserting the particulars required by the form, which must then be signed by the officer and the test subject;\n\t(l)\tthe original of the signed certificate must then be sent to or retained on behalf of the CE;\n\t(m)\ta copy of the signed certificate must be delivered to the test subject together with 1 of the sealed containers containing part of the urine sample.\n\t(2)\tA test subject must comply with all reasonable directions of an authorised officer in connection with the taking of a urine sample and the signing of a certificate under this regulation.\n38G—Blood sample processes\n\t(1)\tThe following are the procedures in accordance with which a sample of a test subject's blood must be taken and dealt with for the purposes of testing for drugs:\n\t(a)\tthe sample must be taken by a medical practitioner or registered nurse;\n\t(b)\tthe sample collector must place the sample, in approximately equal proportions, in 2 containers suitable for the purpose;\n\t(c)\teach container must contain a sufficient quantity of blood to enable an accurate evaluation to be made of any concentration of any prescribed drug present in the blood and the sample of blood taken by the sample collector must be such as to furnish 2 such quantities of blood;\n\t(d)\tthe sample collector must then mark each container in a manner approved by the CE and seal each container;\n\t(e)\tit is the duty of the sample collector to take such measures as are reasonably practicable in the circumstances to ensure that the blood is not adulterated and does not deteriorate so as to prevent a proper assessment of the concentration of any prescribed drug present in the blood of the test subject;\n\t(f)\tthe sample collector must then complete a certificate in the approved form by inserting the particulars required by the form, which must then be signed by the sample collector and the test subject;\n\t(g)\tthe original of the signed certificate must then be sent to or retained on behalf of the CE;\n\t(h)\ta copy of the signed certificate must be delivered to the test subject together with 1 of the sealed containers containing part of the blood sample;\n\t(i)\ta copy of the signed certificate must be delivered by the sample collector together with the other sealed container containing part of the blood sample to an authorised officer.\n\t(2)\tA test subject must comply with all reasonable directions of a sample collector in connection with the taking of a blood sample and the signing of a certificate under this regulation.\n38H—Analysis of biological sample\n\t(1)\tIf an authorised officer—\n\t(a)\ttakes a urine or oral fluid sample and completes a certificate in relation to the sample; or\n\t(b)\tis given a blood sample and a certificate in relation to the sample,\nin accordance with this Division, the authorised officer must cause the sample and certificate to be delivered to an approved forensic laboratory as soon as is reasonably practicable after the relevant taking or giving of the sample or certificate.\n\t(2)\tA responsible person for the approved forensic laboratory must, as soon as possible following the delivery of a sample under subregulation (1), ensure that the sample is analysed by or under the supervision of an approved scientist to determine the presence of any prescribed drug in the sample.\n\t(3)\tThe approved scientist must then complete and sign a certificate certifying as to the following matters:\n\t(a)\tthe date of receipt at the approved forensic laboratory of the sample container and the certificate accompanying the sample container;\n\t(b)\tthe details of the mark on the sample container and the manner in which it was sealed;\n\t(c)\tthe name and professional qualifications of the approved scientist;\n\t(d)\tthe presence of any prescribed drug found to be present in the sample;\n\t(e)\tany factors relating to the sample or the analysis that might, in the opinion of the approved scientist, adversely affect the accuracy or validity of the analysis;\n\t(f)\tany other information relating to the sample or analysis (or both) that the approved scientist thinks fit to include.\n\t(4)\tThe approved scientist's certificate must be sent by post to the test subject at the address shown as the test subject's address on the certificate accompanying the sample container.\n\t(5)\tA copy of the approved scientist's certificate must be sent to the CE.\n\t(6)\tA biological sample delivered to an approved forensic laboratory under this regulation must be held by a responsible person for the approved forensic laboratory for a period of not less than 6 months following the delivery.\nDivision 3—Alcohol testing\n38I—Breath analyses—general\n\t(1)\tAn authorised officer may carry out breath testing of a test subject under this Division.\n\t(2)\tBreath analysis to which a test subject has been required to submit under Part 7A of the Act may not be commenced more than 8 hours following a critical incident.\n\t(3)\tThe performance of breath analysis commences when a direction is first given to the test subject to exhale into the breath analysing instrument to be used for the test.\n\t(4)\tA test subject required under the Act to submit to breath analysis must not refuse or fail to comply with all reasonable directions of the person operating the breath analysing instrument in relation to the requirement and, in particular, must not refuse or fail to exhale into the instrument by which the breath analysis is conducted in accordance with the directions of the person operating the instrument.\n38J—Concentration of alcohol in breath taken to indicate concentration of alcohol in blood\nIf a test subject submits to a breath analysis and the breath analysing instrument produces a reading in terms of a number of grams of alcohol in 210 litres of the person's breath, the reading will, for the purposes of this Part, be taken to be that number of grams of alcohol in 100 millilitres of the person's blood.\n38K—Conduct of breath analysis\n\t(1)\tIf a test subject submits to a breath analysis, the initial breath analysis must be conducted as follows:\n\t(a)\tthe test subject must provide an initial sample of breath for analysis;\n\t(b)\tthe sample must be provided in accordance with the directions of the authorised officer conducting the analysis and must consist of not less than 1 litre of breath;\n\t(c)\tif the sample provided under paragraph (a) indicates that at least the prescribed concentration of alcohol may be present in the blood of the test subject, the test subject may be required to submit to further breath analysis under this regulation.\n\t(2)\tDespite subregulation (1)—\n\t(a)\tif, on analysing the sample of breath, the breath analysing instrument indicates an error in the analysis of the sample—\n\t(i)\tthat sample must be disregarded; and\n\t(ii)\tthe test subject may be required to provide a further sample of breath for analysis using a different instrument (and that sample must be provided in accordance with subregulation (1)(b)); or\n\t(b)\tif, on analysing a sample of breath, the breath analysing instrument indicates the presence of alcohol in the mouth of the test subject—\n\t(i)\tthat sample must be disregarded; and\n\t(ii)\tthe test subject may be required to provide a further sample of breath for analysis (and that sample must be provided in accordance with subregulation (1)(b)).\n\t(3)\tIf a test subject is required to submit to further breath analysis under this regulation, the breath analysis must be conducted in the following manner:\n\t(a)\tthe test subject must provide 2 separate samples of breath for analysis;\n\t(b)\teach sample must be provided in accordance with the directions of the authorised officer conducting the analysis and must consist of not less than 1 litre of breath;\n\t(c)\tthere must be an interval of not less than 2 minutes and not more than 10 minutes between the provision of the samples.\n\t(4)\tDespite subregulation (3)—\n\t(a)\tif, on analysing a sample of breath, the breath analysing instrument indicates an error in the analysis of the sample—\n\t(i)\tthat sample, or, if that sample was the second sample provided, both samples, must be disregarded; and\n\t(ii)\tthe test subject may be required to provide 2 further samples of breath for analysis using a different instrument (and such samples must be provided in accordance with subregulation (3)(b) and (c)); or\n\t(b)\tif, on analysing a sample of breath, the breath analysing instrument indicates the presence of alcohol in the mouth of the test subject—\n\t(i)\tthat sample, or, if that sample was the second sample provided, both samples, must be disregarded; and\n\t(ii)\tthe test subject may be required to provide 2 further samples of breath for analysis (and such samples must be provided in accordance with subregulation (3)(b) and (c)); or\n\t(c)\tif, on analysing 2 samples of breath, the breath analysing instrument indicates that the reading obtained on analysis of the second sample was more than 15% higher or lower than the reading obtained on analysis of the first sample—\n\t(i)\tthose samples must be disregarded; and\n\t(ii)\tthe test subject may be required to provide 2 further samples of breath for analysis (and such samples must be provided in accordance with subregulation (3)(b) and (c)); or\n\t(d)\tif, for any reason, a second sample of breath is not provided within 10 minutes of the provision of the first sample—\n\t(i)\tthe first sample is to be disregarded; and\n\t(ii)\tthe test subject may be required to provide 2 further samples of breath for analysis (and such samples must be provided in accordance with subregulation (3)(b) and (c)).\n\t(5)\tIf a test subject submits to a breath analysis, the result of the breath analysis will, for the purposes of Part 7A of the Act, be taken to be the reading produced by the breath analysing instrument, on analysis of the samples of breath provided by the test subject in accordance with this regulation, that indicates the lowest concentration of alcohol in the test subject's breath (not taking into account any samples that, in accordance with this regulation, are to be disregarded).\n38L—Procedures for voluntary blood test\nThe following are the procedures in accordance with which a sample of a test subject's blood must be taken and dealt with for the purposes of testing for the presence of alcohol:\n\t(a)\tthe test subject must cause the sample to be taken by a medical practitioner or registered nurse of the test subject's choice and must deliver to the sample collector—\n\t(i)\tthe blood test kit supplied to the test subject under regulation 38N(4)(b) for use for that purpose; and\n\t(ii)\tthe blood test information sheet supplied to the test subject under regulation 38M;\n\t(b)\tthe sample must be taken by the sample collector as soon as is reasonably practicable but, in any event, within 4 hours of the test subject having submitted to the breath analysis indicating, for the purposes of the Act, the presence of alcohol in the test subject's blood;\n\t(c)\tthe sample collector must place the sample, in approximately equal proportions, in 2 containers (being the containers provided as part of the blood test kit);\n\t(d)\teach container must contain a sufficient quantity of blood to enable an accurate evaluation to be made of any concentration of alcohol present in the blood and the sample of blood taken by the sample collector must be such as to furnish 2 such quantities of blood;\n\t(e)\tthe sample collector must seal each container by application of the adhesive seal bearing an identifying number provided as part of the blood test kit;\n\t(f)\tit is the duty of the sample collector to take such measures as are reasonably practicable in the circumstances to ensure that the blood is not adulterated and does not deteriorate so as to prevent a proper assessment of the concentration of alcohol present in the blood of the test subject;\n\t(g)\tthe sample collector must then complete a certificate in the approved form by inserting the particulars required by the form;\n\t(h)\tthe certificate must be signed by the sample collector certifying as to the matters set out in the form;\n\t(i)\tthe certificate must also bear the signature of the test subject, attested to by the signature of the sample collector;\n\t(j)\tthe original of the signed certificate must then be delivered to the test subject together with 1 of the sealed containers containing part of the blood sample;\n\t(k)\ta copy of the signed certificate must be delivered by the sample collector together with the other sealed container containing part of the blood sample to an authorised officer who must, in turn, deliver that copy of the certificate and the blood sample container to a responsible person for the approved forensic laboratory;\n\t(l)\tthe blood sample container and copy of the certificate referred to in paragraph (k) must not be delivered into the possession of the test subject;\n\t(m)\ton receipt of the blood sample container and certificate at an approved forensic laboratory, the blood in the container must be analysed as soon as is reasonably practicable by or under the supervision of an approved scientist to determine the concentration of alcohol present in the blood expressed in grams in 100 millilitres of blood;\n\t(n)\tthe approved scientist must then complete and sign a certificate certifying as to the following matters:\n\t(i)\tthe date of receipt at the approved forensic laboratory of the blood sample container and the certificate accompanying the blood sample container;\n\t(ii)\tthe identifying number appearing on the adhesive seal used to seal the blood sample container;\n\t(iii)\tthe name and professional qualifications of the approved scientist;\n\t(iv)\tthe concentration of alcohol found to be present in the blood expressed in grams in 100 millilitres of blood;\n\t(v)\tany factors relating to the blood sample or the analysis that might, in the opinion of the approved scientist, adversely affect the accuracy or validity of the analysis;\n\t(vi)\tany other information relating to the blood sample or analysis or both that the approved scientist thinks fit to include;\n\t(o)\tthe approved scientist's certificate must be sent by post to the test subject at the address shown as the test subject's address on the certificate accompanying the blood sample container;\n\t(p)\ta copy of the approved scientist's certificate must be sent to or retained on behalf of the CE.\n38M—Request for approved blood test kit\n\t(1)\tFor the purposes of regulation 38N(4)(b), a request for an approved blood test kit must be made in accordance with the following provisions:\n\t(a)\tthe request may, in the first instance, be made orally to the authorised officer conducting the breath analysis;\n\t(b)\ton such a request having been made by the test subject, the authorised officer or any other officer or employee of the Department present must complete a written request in an approved form by inserting the particulars required by the form;\n\t(c)\tthe test subject making the request must then sign the request form in the presence of the authorised officer or other officer or employee of the Department and the test subject's signature must be attested to by the signature of the authorised officer or other officer or employee;\n\t(d)\tthe original of the signed request form may be retained by the test subject making the request;\n\t(e)\ta copy of the signed request form must be delivered to the authorised officer or other officer or employee of the Department.\n\t(2)\tThe copy of the request form delivered to the authorised officer or other officer or employee of the Department must be delivered to the CE or retained on the CE's behalf for 12 months from the day on which the request form was signed by the test subject making the request.\n\t(3)\tIf a test subject requests an approved blood test kit, the authorised officer or any other officer or employee of the Department must provide the test subject with a blood test information sheet.\nDivision 4—Evidence etc\n38N—Evidence etc\n\t(1)\tIf the requirements and procedures in relation to breath analysing instruments and breath analysis under this Part, including subregulations (3) and (4), have been complied with, it must be presumed, in the absence of proof to the contrary, that the concentration of alcohol so indicated was present in the blood of the test subject at the time of the analysis.\n\t(2)\tNo evidence can be adduced in rebuttal of the presumption created by subregulation (1) except—\n\t(a)\tevidence of the concentration of alcohol in the blood of the test subject as indicated by analysis of a sample of blood taken and dealt with in accordance with the procedures set out in this Part; and\n\t(b)\tevidence as to whether the results of analysis of the sample of blood demonstrate that the breath analysing instrument gave a false reading of the concentration of alcohol present in the blood of the test subject.\n\t(3)\tAs soon as is practicable after a test subject has submitted to an analysis of breath by means of a breath analysing instrument, the authorised officer who conducted the analysis must deliver to the test subject a statement in writing specifying—\n\t(a)\tthe reading produced by the breath analysing instrument; and\n\t(b)\tthe date and time of the analysis.\n\t(4)\tIf a test subject has submitted to an analysis of breath by means of a breath analysing instrument and any concentration of alcohol is indicated as being present in the blood of that test subject by the breath analysing instrument, the authorised officer who conducted the analysis must immediately—\n\t(a)\tgive the person the oral advice determined by the CE and deliver to the person the written notice determined by the CE as to the operation of this Act in relation to the results of the breath analysis and as to the procedures set out in this Part for the taking and analysis of a sample of the person's blood; and\n\t(b)\tat the request of the person made in accordance with regulation 38M, deliver an approved blood test kit to the person.\n\t(5)\tA certificate purporting to be signed by an authorised officer in relation to a breath analysing instrument and to certify that—\n\t(a)\tthe apparatus used by the authorised officer was a breath analysing instrument within the meaning of Part 7A of the Act; and\n\t(b)\tthe breath analysing instrument was in proper order and was properly operated; and\n\t(c)\tthe provisions of Part 7A of the Act and this Part with respect to breath analysing instruments and the manner in which an analysis of breath by means of a breath analysing instrument is to be conducted were complied with is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(6)\tA certificate purporting to be signed by an approved scientist, certifying as to the concentration of alcohol, or any prescribed drug, found in a specimen of blood identified in the certificate expressed in grams in 100 millilitres of blood is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(7)\tA certificate purporting to be signed by an authorised officer and to certify that—\n\t(a)\ta person named in the certificate submitted to an analysis of breath by means of a breath analysing instrument on a day and at a time specified in the certificate; and\n\t(b)\tthe breath analysing instrument produced a reading specified in the certificate; and\n\t(c)\ta statement in writing required by subregulation (3) was delivered in accordance with that subregulation,\nis, in the absence of proof to the contrary, proof of the matters so certified.\n\t(8)\tA certificate purporting to be signed by an authorised officer and to certify—\n\t(a)\tthat, on a date and at a time specified in the certificate, a person named in the certificate submitted to an analysis of breath by means of a breath analysing instrument; and\n\t(b)\tthat the relevant oral advice and the relevant written notice were given and delivered to the person in accordance with subregulation (4)(a); and\n\t(c)\tthat—\n\t(i)\tthe person did not make a request for an approved blood test kit in accordance with this Part; or\n\t(ii)\tat the request of the person, a kit that, from an examination of its markings, appeared to the person signing the certificate to be an approved blood test kit was delivered to the person in accordance with subregulation (4)(b),\nis, in the absence of proof to the contrary, proof that the requirements of subregulation (4) were complied with in relation to the person.\n\t(9)\tA certificate purporting to be signed by an authorised officer and to certify that an apparatus referred to in the certificate is or was of a kind approved by regulation 38B for the conduct of drug screening tests is, in the absence of proof to the contrary, proof of the matter so certified.\n\t(10)\tA certificate purporting to be signed by an authorised officer and to certify that a person named in the certificate submitted to a drug screening test on a specified day and at a specified time and that the drug screening test indicated that a prescribed drug may then have been present in the oral fluid of the person is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(11)\tA certificate purporting to be signed by an authorised officer and to certify that an apparatus used to conduct a drug screening test was in proper order and that the drug screening test was properly conducted is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(12)\tA certificate purporting to be signed by an authorised officer and to certify that a person named in the certificate was required under Part 7A of the Act and this Part to submit to breath analysis and refused or failed to comply with all reasonable directions of an authorised officer in relation to the requirement is, in the absence of proof to the contrary, proof of the matter so certified.\n\t(13)\tA certificate purporting to be signed by the CE and to certify that—\n\t(a)\ta person named in the certificate is an authorised officer; or\n\t(b)\ta person named in the certificate is an approved scientist; or\n\t(c)\ta person named in the certificate is a responsible person for an approved forensic laboratory,\nis, in the absence of proof to the contrary, proof of the matter so certified.\n\t(14)\tIn disciplinary proceedings referred to in section 81X of the Act, and in the absence of proof to the contrary, any of the following certificates is evidence of the matters certified in the certificate:\n\t(a)\ta certificate purporting to be signed by a sample collector certifying that an identified urine or oral fluid sample was taken or collected—\n\t(i)\tfrom a named person; and\n\t(ii)\tat a specified date and time; and\n\t(iii)\tin accordance with this Part;\n\t(b)\ta certificate purporting to be signed by a medical practitioner or registered nurse certifying that an identified blood sample was taken or collected—\n\t(i)\tfrom a named person; and\n\t(ii)\tat a specified date and time; and\n\t(iii)\tin accordance with this Part;\n\t(c)\ta certificate purporting to be signed by an authorised officer certifying—\n\t(i)\tthat the apparatus used to conduct an oral fluid analysis was in proper order; and\n\t(ii)\tthat the oral fluid analysis was properly conducted;\n\t(d)\ta certificate purporting to be signed by an approved scientist certifying—\n\t(i)\tthat an identified blood, urine or oral fluid sample taken from a named person was analysed for alcohol or prescribed drugs in accordance with this Part; and\n\t(ii)\tthe results obtained from that analysis.\n\t(15)\tIf a certificate of an approved scientist relating to a blood, urine or oral fluid sample taken in accordance with this Part is received as evidence in disciplinary proceedings and states that a prescribed drug has been found to be present in the blood, urine or oral fluid sample to which the certificate relates, it will be presumed, in the absence of proof to the contrary, that the prescribed drug stated in the certificate was present in the sample when the sample was taken.\nDivision 5—Other matters\n38O—Test subject may arrange for analysis of biological sample\n\t(1)\tA test subject from whom a biological sample was taken for the purposes of Part 7A of the Act may cause the sample as contained in the sample container delivered to that test subject to be analysed to determine the presence of any alcohol or prescribed drug present in the sample.\n\t(2)\tThe cost of analysis under subregulation (1) will be borne by the test subject.\n38P—Destruction of biological samples\nThe CE must ensure that a biological sample taken for the purposes of Part 7A of the Act (and any other forensic material taken incidentally in the course of drug and alcohol testing) is destroyed—\n\t(a)\tif disciplinary proceedings based on evidence of the results of analysis of the biological sample are not commenced—as soon as is reasonably practicable after the decision has been made not to commence proceedings; or\n\t(b)\tif disciplinary proceedings are commenced—as soon as is reasonably practicable after the proceedings (including any proceedings on review or appeal) are finally determined or discontinued.\nPart 8—Miscellaneous\n39—Prescribed number of visitors (section 34)\n\t(1)\tFor the purposes of section 34(1) of the Act, the prescribed maximum number of persons is 3.\n\t(2)\tFor the purposes of section 34(2) of the Act, the prescribed maximum number of persons is 3.\n39A—Prescribed period (section 57(4))\nFor the purposes of section 57(4) of the Act, the prescribed period is 2 years.\n40—Dealing with surrendered items\n\t(1)\tFor the purposes of section 68A(4) of the Act, the Commissioner of Police must deal with a surrendered item in accordance with this regulation.\n\t(2)\tA surrendered item that is a prohibited weapon (within the meaning of Part 3A of the Summary Offences Act 1953), or that is an item that cannot otherwise be lawfully possessed in this State, is, by force of this subregulation, forfeited to the Crown.\n\t(3)\tThe Commissioner of Police must retain a surrendered item (other than a surrendered item forfeited under subregulation (2)) in a location determined by the Commissioner of Police until—\n\t(a)\tthe surrendered item is forfeited to the Crown under this or any other Act; or\n\t(b)\tthe surrendered item is returned in accordance with this regulation to the person who surrendered it; or\n\t(c)\tthe surrendered item is seized or surrendered under the provisions of another Act,\nwhichever occurs first.\n\t(4)\tIf the condition imposed under section 68(1)(a)(ia) on the release on parole of the person who surrendered the surrendered item is varied or revoked, or the person is discharged from parole, the person may notify the Commissioner of Police of that fact.\n\t(5)\tSubject to this regulation, if the Commissioner of Police—\n\t(a)\tis notified in accordance with subregulation (4); or\n\t(b)\totherwise becomes aware that the release on parole of the person is no longer subject to the condition imposed under section 68(1)(a)(ia), or the person is discharged from parole,\nthe Commissioner of Police must cause the surrendered item to be returned to the person who surrendered the item.\n\t(6)\tIf the Commissioner of Police is required to return a surrendered item under subregulation (5), the Commissioner of Police must give notice in writing to the person who surrendered the item setting out—\n\t(a)\tthat the surrendered items specified in the notice are to be returned to the person; and\n\t(b)\tthe location at which the surrendered items may be collected; and\n\t(c)\tthat the surrendered items must be collected from the specified location within 3 months of the date specified in the notice (or such longer time as may be specified by the Commissioner of Police); and\n\t(d)\tthat the surrendered items will only be returned if the person holds any necessary authorisation under the Firearms Act 1977 or any other Act to possess the surrendered item; and\n\t(e)\tthe effect of subregulations (7) and (8).\n\t(7)\tHowever, the Commissioner of Police may refuse to return a surrendered item to a person if—\n\t(a)\tthe person is on conditional release that is subject to a condition prohibiting the person from possessing a firearm, ammunition or part of a firearm; or\n\t(b)\tthe person does not hold any necessary authorisation under the Firearms Act 1977 or any other Act to possess the surrendered item, or is otherwise prohibited from possessing the surrendered item,\nand, if the Commissioner of Police does so refuse, he or she must give notice in writing to the person who surrendered the surrendered item setting out—\n\t(c)\tthe reasons for the refusal; and\n\t(d)\tin the case of a refusal contemplated by subregulation (7)(a)—the effect of subregulation (9).\n\t(8)\tIf—\n\t(a)\ta surrendered item is not collected within the period specified in subregulation (6)(c); or\n\t(b)\tthe person does not, at the end of the period specified in subregulation (6)(c), hold the necessary authorisation under the Firearms Act 1977 or any other Act to possess the surrendered item, or is otherwise prohibited from possessing the surrendered item,\nthe surrendered item is, by force of this subregulation, forfeited to the Crown.\n\t(9)\tIf the Commissioner of Police refuses to return a surrendered item to a person in accordance with subregulation (7)(a)—\n\t(a)\tthe surrendered item will be taken to have been surrendered in accordance with a direction under the provision of the Act under which the conditional release was granted (corresponding to section 68A(1) of the Act); and\n\t(b)\tthe surrendered item must be dealt with in accordance with that Act.\n\t(10)\tThe Commissioner of Police may recover from the person who surrendered the surrendered item the reasonable costs incurred in connection with the storage of the surrendered item.\n\t(11)\tThis regulation is in addition to, and does not derogate from, the operation of any other Act or law.\n\t(12)\tNo compensation is payable by the Crown in respect of the forfeiture of a surrendered item under this regulation.\n\t(13)\tA notice required to be given to a person under this regulation may—\n\t(a)\tbe given to the person personally; or\n\t(b)\tbe posted in an envelope addressed to the person—\n\t(i)\tat the person's last known address; or\n\t(ii)\tat the person's address for service; or\n\t(c)\tbe left for the person at the person's last known address or address for service with someone apparently over the age of 16 years.\n\t(14)\tIn this regulation—\nconditional release means—\n\t(a)\ta grant of bail under the Bail Act 1985; or\n\t(b)\ta bond under the Criminal Law (Sentencing) Act 1988 or the Criminal Law Consolidation Act 1935; or\n\t(c)\ta prisoner on home detention subject to a home detention order under the Criminal Law (Sentencing) Act 1988; or\n\t(d)\trelease from prison on home detention or parole under the Act; or\n\t(e)\trelease on licence under the Criminal Law (Sentencing) Act 1988 or the Criminal Law Consolidation Act 1935; or\n\t(f)\trelease on licence, or conditional release from detention, under the Young Offenders Act 1993;\nsurrendered item means a firearm, ammunition or any part of a firearm surrendered in accordance with a direction under section 68A(1) of the Act.\n41—Medical examinations\nFor the purposes of assessing prisoners under section 23 of the Act, or for preventing or containing the spread of disease within correctional institutions, the CE may direct a prisoner to undergo specified medical examinations or tests.\n42—Prohibition on supply and administration of certain drugs\nThe following must not be supplied or administered to a prisoner without the approval of the CE:\n\t(a)\ta drug for the treatment of erectile dysfunction;\n\t(b)\ta drug that is an anorectic and weight reducing agent;\n\t(c)\ta substance containing Pseudoephedrine;\n\t(d)\tdrugs containing—\n\t(i)\tMethylphenidate Hydrochloride; or\n\t(ii)\tDexamphetamine Sulphate.\nMaximum penalty: $2 500.\n43—Unauthorised dealings with prisoners prohibited (section 82 of Act)\n\t(1)\tSection 82 of the Act applies to a person of any of the following classes:\n\t(a)\ta Visiting Tribunal;\n\t(b)\tan inspector appointed under section 20 of the Act;\n\t(c)\ta member of a committee established under section 23 of the Act to carry out assessments of prisoners;\n\t(d)\ta person used as a volunteer in the administration of the Act;\nExamples—\nA prison chaplain, an education provider, a counsellor, a member of a prisoner support group etc.\n\t(e)\ta contractor engaged to undertake work in a correctional institution;\n\t(f)\ta person employed or engaged to provide medical services in a correctional institution;\n\t(g)\ta person who provides medical or other services to a prisoner in a hospital or other health service.\n\t(2)\tFor the purposes of section 82 of the Act, a dealing in which an officer or employee of the Department directly or indirectly—\n\t(a)\texcept as required in the course of the employee's duties—gives goods, services, money or any other benefit or advantage to a prisoner; or\n\t(b)\treceives goods, services, money or any other benefit or advantage from a prisoner,\nis a dealing of a prescribed class.\nExamples—\nThe following dealings are examples that would constitute dealings of a prescribed class:\n\t(a)\tan arrangement between a prisoner and an employee for the employee to receive a free tattoo from a tattooist who is an associate of the prisoner;\n\t(b)\tan arrangement between a prisoner and an employee for the employee to receive motor vehicle parts from the prisoner or an associate of the prisoner;\n\t(c)\tan arrangement between a prisoner and an employee for the prisoner to perform work for the employee.\n44—Prescribed weapons (section 86A)\nFor the purposes of section 86A of the Act, the following weapons are prescribed:\n\t(a)\ta Glock 9mm hand gun;\n\t(b)\ta 12 gauge shotgun;\n\t(c)\ta Monadnock PR24 Defensive Police Baton;\n\t(d)\ta baton designed or adapted for use as a weapon that can be extended in length by gravity or centrifugal force or by a release button or other device (known as an extendable baton);\n\t(e)\tOleoresin Capsicum (known as OC) in all its forms;\n\t(f)\tOrthochlorobenzalmalononitrile (known as CS) in all its forms;\n\t(g)\ta Taser;\n\t(h)\ta 40mm single or multi shot launcher;\n\t(i)\ta Pepperball launcher.\nSchedule 1—Forms\nForm 1—Summons to attend before Parole Board (section 63)\nCorrectional Services Act 1982\nTo [insert name and address]\nThe Parole Board of South Australia requires you to attend before the Board\nAt [insert place, date and time]\nSignature of Presiding Member or Member of Board (Delete whichever is inapplicable)\nDate\nNote—\nSection 63 of the Act provides that a person who fails to attend in accordance with a summons is guilty of an offence.\nMaximum penalty: $5 000 or imprisonment for 3 months.\nForm 2—Summons to produce document(s) to Parole Board (section 63)\nCorrectional Services Act 1982\nTo [insert name and address]\nThe Parole Board of South Australia requires you to attend before the Board\nAt [insert place, date and time]\nTo produce then and there the document(s) particulars of which are [insert particulars of document(s) to be produced]\nEvery document particularised that is in your possession and power must be produced in accordance with this summons\nSignature of Presiding Member or Member of Board (Delete whichever is inapplicable)\nDate\nNote—\nSection 63 of the Act provides that a person who fails to comply with a summons is guilty of an offence.\nMaximum penalty: $5 000 or imprisonment for 3 months.\nForm 3—Application for release on parole by prisoner (section 67)\nCorrectional Services Act 1982\nTo the Parole Board of South Australia and the Chief Executive of the Department for Correctional Services\nApplication for release on parole made by [insert applicant's name] of [insert applicant's address]\nStatement supporting application to assist Board in making decision [statement in the form of an attachment to be signed by applicant]\nAn interpreter is required/is not required (Delete whichever is inapplicable)\nLanguage in which interpreter is required (if relevant)\nSignature of applicant\nDate\nForm 4—Application for release of prisoner on parole by or on behalf of CE (section 67)\nCorrectional Services Act 1982\nTo the Parole Board of South Australia\nApplication by Chief Executive of the Department for Correctional Services/authorised officer or employee of the Department (Delete whichever is inapplicable)\nFor release on parole of [insert prisoner's name] of [insert prisoner's address]\nStatement supporting application to assist Board in making decision [statement in the form of an attachment to be signed by CE]\nSignature of applicant\nDate\nForm 5—Order for release on parole (sections 67 and 68)\nCorrectional Services Act 1982\nTo [insert prisoner's name] of [insert prisoner's address]\nYou were convicted of [insert conviction(s)] on [insert conviction date(s)] and sentenced to [insert sentence details] with a non-parole period of [insert non-parole period]\nThe Board orders that you be released on parole on [insert date of release on parole]\nThe release is subject to the following conditions [insert conditions]\nSignature of Presiding Member or Member of Board (Delete whichever is inapplicable)\nDate\nI [insert prisoner's name] confirm that I fully understand the conditions on which I am to be released on parole and I accept those conditions\nSignature of prisoner\nDate\nNote—\nIn the case of a prisoner serving a sentence of life imprisonment—\n\t(a)\tthe day of release on parole specified must be a day that falls after the period within which an application for review of the order under Part 6 Division 4 of the Act may be made; and\n\t(b)\tthe order of the Board for release on parole must be provided to the persons specified in section 67(7a)(a).\nSection 68 of the Act specifies certain conditions to which release on parole must be subject.\nForm 6—Summons to attend before Parole Administrative Review Commissioner (section 77K)\nCorrectional Services Act 1982\nTo [insert name and address]\nThe Parole Administrative Review Commissioner requires you to attend before the Commissioner\nAt [insert place, date and time]\nSignature of Commissioner\nDate\nNote—\nSection 77K of the Act provides that a person who fails to attend in accordance with a summons is guilty of an offence.\nMaximum penalty: $10 000.\nForm 7—Summons to produce document(s) to Parole Administrative Review Commissioner (section 77K)\nCorrectional Services Act 1982\nTo [insert name and address]\nThe Parole Administrative Review Commissioner requires you to attend before the Commissioner\nAt [insert place, date and time]\nTo produce then and there the document(s) particulars of which are [insert particulars of document(s) to be produced]\nEvery document particularised that is in your possession and power must be produced in accordance with this summons\nSignature of Commissioner\nDate\nNote—\nSection 77K of the Act provides that a person who fails to comply with a summons is guilty of an offence.\nMaximum penalty: $10 000.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Correctional Services Regulations 2016 revoked the following:\nCorrectional Services Regulations 2001\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2016\n212\nGazette 25.8.2016 p3506 \n1.9.2016: r 2\n2018\n38\nGazette 13.2.2018 p772\n26.2.2018: r 2\n2019\n212\nGazette 26.9.2019 p3364\n26.9.2019: r 2\n2020\n21\nGazette 5.3.2020 p480\n5.3.2020: r 2\n2020\n40\nGazette 9.4.2020 p706\n9.4.2020: r 2\n2021\n71\nGazette 3.6.2021 p1855\n3.6.2021: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\n26.2.2018\nr 3A\n\n\nr 3A(1)\nr 3A inserted by 38/2018 r 4\n26.2.2018\n\nr 3A varied and redesignated as r 3A(1) by 212/2019 r 4(1), (2)\n26.9.2019\nr 3A(2) and (3)\ninserted by 212/2019 r 4(2)\n26.9.2019\nr 4\nvaried by 21/2020 r 4\n5.3.2020\nPt 3\n\n\nr 8\n\n\nr 8(1)\nvaried by 71/2021 r 4(1)\n3.6.2021\nr 8(2a)\ninserted by 71/2021 r 4(2)\n3.6.2021\nr 8(3)\nvaried by 71/2021 r 4(3)\n3.6.2021\nPt 7A\ninserted by 40/2020 r 4\n9.4.2020\nPt 8\n\n\nr 39A\ninserted by 71/2021 r 5\n3.6.2021\nSch 2\nomitted under Legislation Revision and Publication Act 2002\n26.2.2018\nHistorical versions\n26.2.2018\n\n26.9.2019\n\n5.3.2020\n\n9.4.2020\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess scope changes as the legislative text was not retrievable. No analysis of original versus current intent is possible from the content provided."},"complexity_factors":["No legislative content was available for analysis — the source URL returned a 404 Page Not Found error","Score reflects inability to assess the actual instrument, not simplicity of the underlying law","The Correctional Services Regulations 2016 as a category of instrument would typically score 6-8 due to technical prison administration provisions, cross-references to the parent Act, and interaction with human rights obligations"],"plain_english_summary":"The Correctional Services Regulations 2016 (SA) set out the routine rules for running South Australian prisons and correctional programs under the Correctional Services Act 1982. They govern prisoner conduct, staff powers and facility conditions, and affect prisoners, correctional officers, administrators and legal representatives — shaping daily operations and individuals’ rights within the corrections system."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulations’ scope has been expanded since initial enactment. Notable changes in the legislative history include insertion of Part 7A (detailed drug and alcohol testing procedures) (Pt 7A inserted by 40/2020 r 4, 9.4.2020), addition and variation of the terrorist-offence prescription (r 3A inserted 38/2018 r 4; varied by 212/2019), and amendments widening prohibited items (r 8 varied by 71/2021 r 4, 3.6.2021) and adding prescribed periods (r 39A inserted by 71/2021 r 5, 3.6.2021). These amendments broadened testing powers, evidentiary presumptions and CE discretion."},"complexity_factors":["Extensive cross-referencing to the Correctional Services Act 1982 and multiple other statutes (eg Controlled Substances Act 1984, Classification Act, various interstate laws).","Highly detailed technical procedures for drug and alcohol testing (sample types, timelines, sealing, certificates, retention and destruction rules) across Part 7 and Part 7A (regs 38, 38A–38P).","Numerous discretionary powers and approvals vested in the Chief Executive (CE) and authorised officers (eg admission exceptions, authorisations, approvals, evidentiary certificates).","Presumptions of evidence and restricted rebuttal in disciplinary proceedings (reg 38N) increasing legal and evidential complexity.","Layered disciplinary framework with different categories of breaches (serious, minor, complicity) and varied penalties and appeal routes (Parts 4 and 5).","Procedural formalities and strict time limits for charging, notices and appeals (eg regs 22, 25, 26).","Inter-jurisdictional coordination via prescribed corresponding laws (reg 4) and history of incremental amendments expanding scope.","Operational detail affecting day-to-day detention (visitor limits, property value/volume caps, prohibited communications) requiring administrative compliance."],"plain_english_summary":"These regulations set out the operational rules for South Australia’s prisons: admissions, what personal property prisoners may keep, prohibited items and behaviours, disciplinary and appeal procedures, parole application and supervision rules, and detailed drug and alcohol testing (sampling, lab analysis and evidentiary certificates). They apply to prisoners, correctional staff, the Chief Executive (CE), the Parole Board and Police.  \n\nThey matter because they allocate decision‑making and discretion to the CE and authorised officers, impose compliance costs on prisoners (storage, testing fees), and create procedural and evidentiary rules that shape discipline and parole outcomes (see regs 5, 7, 38, 38A–38N)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2016 scope. The most substantial expansion occurred in 2020 with the insertion of Part 7A (Drug and alcohol testing), which added extensive forensic procedures, evidentiary rules, and testing protocols that go well beyond simple prison management. Additionally, 2018 amendments expanded the definition of terrorist offences to include interstate laws, and 2021 amendments added new prohibited items (prescription drugs) and created regulation 39A prescribing periods for section 57(4). The regulations now function as both operational prison rules and a detailed forensic/evidentiary code for drug and alcohol testing, substantially broadening from basic administrative procedures."},"complexity_factors":["Length: Approximately 15,000+ words across 8 Parts with multiple Divisions and Subdivisions","47+ defined terms across multiple interpretation sections (regs 3, 13, 38A, 40(14))","Extensive cross-referencing to the parent Act (Correctional Services Act 1982) and other legislation including the Criminal Law Consolidation Act 1935, Controlled Substances Act 1984, and Firearms Act 1977","Nested conditional logic in Part 7A (Drug and alcohol testing) with multiple tiers of testing procedures depending on sample type (oral fluid, urine, blood) and multiple failure scenarios","Complex evidentiary presumptions in Division 4 of Part 7A (regs 38N(1)-(15)) creating statutory presumptions that can only be rebutted in specific ways","Temporal limitations throughout (e.g., 8-hour windows for testing after critical incidents, 7-day appeal periods, 60-day storage notice periods, 6-month sample retention)","Dual penalty structures distinguishing between penalties imposed by the Chief Executive versus Visiting Tribunals (regs 10, 38(5))","Multiple amendment layers shown in legislative history (2016, 2018, 2019, 2020, 2021) indicating evolving scope, particularly the substantial 2020 insertion of Part 7A","Form-driven procedures in Part 6 requiring specific documentation for parole processes","Exception layering in drug defences (reg 20) with specific washout periods varying by drug type (7 days for amphetamines up to 70 days for cannabinoids)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the detailed rules for running prisons and managing prisoners in South Australia. They work alongside the main **Correctional Services Act 1982** (the parent law) and cover everything from what happens when someone first enters prison to how they can be released on parole.\n\n**Key areas covered:**\n\n*   **Prison admission:** Rules about when prisoners can be admitted (business hours unless there's a good reason), what personal property they can keep (up to $500 worth, fitting in a 60-litre container), and what happens to excess property.\n\n*   **Prohibited items:** A detailed list of what prisoners cannot have—including drugs, weapons, mobile phones, tobacco, computers, pornography, and anything that could help someone escape. It also bans certain activities like riots, hostage-taking, and escaping.\n\n*   **Prisoner conduct:** Divided into **serious breaches** (assault, sexual harassment, threatening behaviour, disrupting security) and **minor breaches** (disorderly behaviour, gambling, tattooing, refusing work without excuse). There are specific rules about alcohol and drugs, including time limits for how long drugs can remain detectable in someone's system before it's considered an offence.\n\n*   **Disciplinary procedures:** How hearings work when prisoners break rules, including their right to appeal penalties to a Visiting Tribunal or the courts.\n\n*   **Parole:** Detailed paperwork and procedures for applying for parole, including forms that must be used and what information must be provided to the Parole Board.\n\n*   **Drug and alcohol testing:** Extensive technical rules (added in 2020) for testing prisoners for drugs and alcohol, including how samples of oral fluid, urine, and blood must be taken, stored, and analysed, plus strict evidence rules for court proceedings.\n\n*   **Weapons:** Specifies exactly what weapons prison officers can carry (Glock handguns, Tasers, pepper spray, batons, etc.).\n\n**Who it affects:**\n\n*   Prisoners in South Australian correctional institutions\n*   Prison staff and management\n*   The Parole Board\n*   Visitors, contractors, and volunteers who enter prisons\n*   Police (regarding surrendered firearms)\n\n**Why it matters:**\n\nThese regulations govern daily life in South Australian prisons. They determine what prisoners can own, how they can communicate, what behaviour will get them punished, how they can earn early release, and how the system ensures safety and security. The drug testing rules are particularly significant because they create a strict forensic framework that can affect parole decisions and criminal prosecutions."}},"importantCases":[],"_links":{"self":"/api/acts/correctional-services-regulations-2016","history":"/api/acts/correctional-services-regulations-2016/history","analysis":"/api/acts/correctional-services-regulations-2016/analysis","conflicts":"/api/acts/correctional-services-regulations-2016/conflicts","importantCases":"/api/acts/correctional-services-regulations-2016/important-cases","documents":"/api/acts/correctional-services-regulations-2016/documents"}}