Corrections Regulations 2019

The Regulations organise prison and community corrections activity around a set of operational concepts: security instruments and their authorised use; classification and placement; regulated prisoner finances; property control; discipline processes; access and oversight; search, seizure and testing; parole governance; community corrections obligations; police gaol arrangements; and victims’ registration.

Security instruments and use: the Regulations list permitted non‑lethal firearms and instruments of restraint and set operational constraints. For example, a prescribed non‑lethal firearm includes tear gas guns and beanbag rounds (reg 9). Instruments of restraint are specifically listed (handcuffs, arm/leg restraints, belts, spitter hoods, chains) and may be locked (reg 13). The Governor may direct restraint where necessary for safety or security (reg 14), and there are reporting requirements where restraint is prolonged (reg 15). The Regulations also define approved dogs (reg 11) and restrict their use (reg 12).

Classification and sentence management: the Regulations prescribe a classification system (reg 25). A prisoner’s security rating, placement and sentence plan are part of classification (reg 26). Sentence management panels and case management review committees are the organisational mechanisms for classifying, planning and reviewing placements (regs 27-29). Determination of classification and placement must consider risk to the prisoner, prison and community and a non‑exhaustive list of factors including offence nature, escape risk, treatment needs, medical/psychiatric conditions and cultural background (regs 30-31).

Prisoner finances and economic incentives: the Regulations define remuneration entitlements (up to 30 hours per week for work/education, reg 43), require prisoners’ money to be held in prisoner trust accounts (reg 45), prescribe monthly statement access, caps on private funds and mandatory savings (20% of specified remuneration is retained until release, reg 49). The Secretary may allocate interest on trust funds for victims’ assistance and must publish guidelines (reg 46). Earnings from approved paid employment outside prison must be paid into the trust account and 20% allocated to assist victims (regs 54-55).

Search, seizure and testing: search types are prescribed (garment, pat‑down, scanning, strip, reg 85). Strip searches have detailed procedural limits: minimum staffing, privacy requirements, prohibition on touching (subject to the Act), record‑keeping and gender considerations with narrow exceptions (reg 86). The Regulations require registers for strip searches and seized items, sample sealing and analytic certification for substances (regs 86, 93-98).

Access, oversight and communications: the Regulations set hours and conditions for lawyer and police visits (regs 75, 77), specify particular correspondents for confidential parcels (reg 18(2)), permit Governors to restrict communications during an emergency (reg 22), and require the Secretary to notify police of parole orders (reg 110(4)). The victims register captures persons entitled to receive information and make victim submissions with prescribed application content and grounds for removal (Part 12A, regs 133A-133H).

Parole architecture: the Board, Secretary, Governor and Regional Manager have roles in notifications, form usage and enforcement. Mandatory and other parole conditions are listed (regs 111-114). The Regulations prescribe which parole order conditions are offences (reg 125) and provide mechanisms for detention, revocation and variation with specified forms and notification timelines (regs 119-127; Schedule 2 forms).

Police gaols and detained persons: Part 9A addresses police gaols specifically, prescribing identity documents, seizure receipts and how the officer in charge must deal with seized items (regs 100A-100D), and prescribing gaol offences and investigation procedures (regs 100E-100H).

Records and forms: the Regulations require a number of registers and standard forms (Schedule 2 Forms 1-24) to be used for orders, warrants, certificates and parole documentation, creating standard processes and audit trails (eg, Form 3 certificate for sample analysis, Forms 9-13 parole orders).

Intervention and emergency discretion: the Secretary may grant temporary exemptions from any provision of the Regulations during an emergency within a prison and impose conditions on that exemption (reg 138). Emergency management days allow sentence reductions in specified events (reg 100).

Cross‑references and limits: the Regulations repeatedly cross‑refer to the Corrections Act 1986 (the Act) and to other statutes for definitions and external processes (eg, Drugs, Poisons and Controlled Substances Act 1981, Crimes Act 1958, Family Violence Protection Act 2008, Freedom of Information Act 1982). The instrument does not operate in isolation; many rules implement or elaborate Act powers (reg 1 and numerous cross‑refs throughout).

The Regulations affect a broad set of actors within the corrections system and related stakeholders. Who decides and who pays are clear from the text.

Primary decision‑makers and duty‑holders

• The Secretary: central decision‑maker with delegated policy and administrative powers (eg, to publish a code of conduct for officers, determine remuneration rates and rules for sentence management panels and case management review committees, make rules about classification, approve expenditure of interest for victims, and to grant exemptions in emergency, regs 6(4-5), 29, 43(5-6), 46, 138). The Secretary is responsible for many publishable instruments and must be notified of specified events (eg, officer criminal charges, reg 6(2); restraint notifications, reg 15).
• Governors of prisons: local operational controllers with authority over the prison, including use of instruments of restraint (reg 14), inspection and disposal of parcels (regs 17-19), approving entry of otherwise unauthorised items (reg 57(2)), maintaining registers (reg 21, 86(5), 93), dismissing prisoners from prison industry work (reg 44), and returning property or disposing of it (regs 56-63). Governors must communicate to prisoners and maintain inventories and records (eg, reg 32(6), reg 58).
• Regional Managers: exercise powers in respect of locations and offenders under their management (reg 8(2)), manage community corrections directives (Part 12, regs 128-131), and receive Board notices (eg, regs 104, 119(2)).
• The Commissioner: sets operational instruments such as offences that trigger mandatory restraint directions under reg 14(1C) and may determine maximum private fund amounts for prisoner trust accounts (reg 14(1C), reg 47(4)).
• Sentence management panels and case management review committees: make classification, placement and sentence plan decisions (regs 27-28), with members appointed by the Secretary (regs 27(3), 28(4)).

Persons directly affected

• Prisoners and detained persons: subject to classification, placement, discipline, search and seizure, restrictions on communications and visits, remuneration arrangements, property storage and disposal rules, and parole conditions (Parts 3-6, 8-11). Prisoners’ money is constrained by mandatory savings and deductions; access to the Internet is broadly prohibited save for narrow exceptions (reg 65(p) and reg 114(1)(h) exceptions for approved purposes).
• Officers, escort officers and prison staff: subject to the code of conduct (reg 6(4-5)), notification obligations for criminal charges (reg 6(1-2)), restrictions on removal of firearms (reg 10), and record‑keeping duties (eg, registers for seizures, strip searches, regs 93, 86(5)).
• Lawyers, oversight bodies and authorised correspondents: receive special treatment as correspondents (regs 18(2), 20) and have specified access hours and exchange protocols (regs 75, 18(3)). Certain oversight bodies are prescribed for information sharing (reg 137).
• Victims and nominated persons: may apply to the victims register (Part 12A, regs 133A-133H) and be entitled to information and to make submissions under the Act; their inclusion triggers confidentiality and nomination requirements and allows collection of identity documents.
• Employers and members of the public: employers of prisoners put on paid employment outside prison are subject to security and intelligence assessment restrictions (reg 53) and the Department may contact employers to confirm compliance (reg 51(5)). Members of the public who bring property for prisoners must surrender it for inspection and may be subject to seizure rules if the item is unauthorised (reg 56).

Who pays or bears costs

• Prisoners bear economic costs via mandatory savings (20% retention, reg 49) and potential deductions for damage to prison property (reg 48(5)). Prisoners’ net earnings are paid into prisoner trust accounts and 20% is allocated to assist victims (regs 54-55).
• The Department (via the Secretary/Commissioner) bears administrative costs of registers, forms, publication duties, oversight, analysis of seized substances (regs 93-99) and possible expenditure of interest for victims (reg 46).
• Employers contracting prisoners for work must undergo security and intelligence assessment; compliance costs associated with supervision and Department contact may fall on them (reg 53, reg 51(5)).

Concentrated and diffuse effects

• Concentrated beneficiaries include victims (through the victims register and the 20% allocation of prisoners’ external earnings, regs 133A-133H; reg 55) and officials exercising discretion (the Secretary and Governors gain significant operational discretion). Diffuse costs fall on prisoners generally through restrictions on communications, searches, mandatory savings and specified conditions for parole. The Regulations create administrative burdens concentrated on governors and the Department in maintaining registers, forms, analytic processes and notification timelines (eg, reg 6(2), reg 15, regs 21, 86(5), 93).

Geographical and institutional scope

• The Regulations apply across Victorian prisons and police gaols, with specific police gaol provisions in Part 9A (regs 100A-100H). Several provisions reference Commonwealth or interstate bodies and apply where prisoners correspond or liaise with those bodies (eg, reg 20).

This section summarises statutory duties imposed on officials and prisoners’ regulated rights under the Regulations, with citations.

Duties of officers and officials

• Notify and report: officers must notify Governors/Regional Managers of their own criminal charges and findings as soon as practicable; the Governor/Regional Manager must inform the Secretary within 24 hours (reg 6(1-2)). Governors must notify the Secretary of long periods of restraint immediately (reg 15).
• Record‑keeping and registers: Governors, the Secretary or Regional Managers must establish and maintain registers of parcels inspected or disposed (reg 21), strip searches (reg 86(5)), things seized (reg 93) and breath tests (reg 99(2)). The Board and Secretary must keep copies of parole orders and notices (reg 110(3)).
• Approvals and oversight: the Governor may authorise entry of otherwise unauthorised articles when judged safe (reg 57(2)); the Secretary may determine remuneration rates and publish codes and rules for classification panels (regs 6(4-5), 43(5), 29).
• Evidence handling and analysis: seized substances must be tested by an analyst and a certificate completed (regs 97-98). Firearms/explosives seized must be given to police as soon as possible (reg 94(2)).
• Parole notifications and forms: the Board must notify Secretary, Governor and Regional Manager of decisions (reg 104); secretary of the Board must sign and distribute parole orders and variations with specified timelines and forms (reg 110, 119).

Duties of prisoners

• Compliance with lawful orders: prisoners must not disobey lawful directions (reg 65(v)) and must comply with parole mandatory conditions (regs 111-114) and with community corrections directions (regs 128-131).
• Financial obligations: prisoners’ money must be held in trust (reg 45); mandatory savings of 20% of certain remuneration must be retained until release (reg 49). Deductions for damage to prison property may be taken from trust accounts with reporting requirements to the Secretary (reg 48(5)-(6)).
• Participation conditions: prisoners must follow terms of any written agreement for paid external employment and meet confidentiality and behaviour conditions (regs 51-53). Prisoners are required to provide urine samples where ordered and may commit an offence for failing to provide a sample within 3 hours (reg 65(3)).

Rights and procedural protections

• Legal access and privileged communications: lawyers may visit in set hours and exchange legal documents in an approved format (reg 75). Certain correspondents are protected for confidential parcels and oversight (regs 18(2), 20).
• Procedural protections in discipline: disciplinary hearings are to be conducted with minimal formality consistent with fairness; prisoners must be notified in writing of charges and procedure, be given opportunity to state pleas, and be afforded evidence and cross‑examination rights where pleading not guilty (regs 66-74).
• Privacy and dignity in searches and restraint: strip searches must be conducted expeditiously in private and without touching, with minimum necessary officers and with gender considerations and options for the searched person (reg 86(1-4)). Prisoners must be allowed to dress immediately, and be provided clothing if items seized (reg 86(2)(e), (f)).
• Review and oversight: case management review committees and sentence management panels must meet as necessary and keep records; the Secretary may vary decisions (regs 27-29, 31). The victims register grants rights to receive specified information under the Act (Part 12A).

Limits to rights in specified circumstances

• Emergency suspension: the Governor may restrict communications during a prison emergency (reg 22); the Secretary may grant exemptions from any Regulation in an emergency with conditions and a limited duration (reg 138).
• Security exceptions: strip searches may be conducted by officers of a different gender in urgent circumstances or where safety/wellbeing requires (reg 86(3)-(4)); the Governor may open a confidential parcel if the prisoner refuses to do so after notice (reg 18(4)-(6)). Internet access is broadly prohibited (reg 65(p)) with narrow exceptions and subject to approval (reg 112(2), 114(1)(h)).

Documentation, forms and procedural deadlines

• Many duties are tied to forms and timelines: orders to remove prisoners to court must use Form 1 and provide notice using Form 2 (reg 23(2-3)); parole notices and variations must follow prescribed forms and 7‑day or immediate notification timetables in multiple regs (eg, regs 104, 119(2), 120(1)). These formalities create compliance checkpoints for procedural rights and obligations.

The Regulations overlay the Act’s enforcement mechanisms with specific regulatory offences, penalties expressed in penalty units, prescribed parole offences, procedural remedies and investigatory obligations.

Regulatory offences and penalties

• Express regulation-level offences include:
  • Escort officer removing a firearm or ammunition from a prison without Governor authorisation: penalty 10 penalty units (reg 10).
  • Smoking or using a tobacco product at a prison: penalty 10 penalty units (reg 40).
  • Concealing or leaving an article in a prison with intent that it be conveyed to a prisoner: penalty 10 penalty units (reg 92).
  • Various police gaol offences and conduct by detained persons attract penalties (regs 100E-100G), typically 5 or 10 penalty units depending on the section.
  • Offences for visitors who disobey orders relating to prison terms and conditions attract 5 penalty units (reg 83(9)).
• Penalty units are to be calculated under the Monetary Units Act and the Sentencing Act; the endnotes provide the value of a penalty unit as at 1 July 2025 (Endnotes, Part 3).

Parole offences and criminal sanctions

• The Regulations identify which parole order terms are prescribed offences under section 78A of the Act (reg 125). Where a prescribed parole condition is breached, section 78A of the Act creates a criminal offence; the Regulations in forms and warnings note the potential maximum penalty under the Act (see Forms 9 and 10 warning text). Regulations also prescribe which conditions are "detention required" for the purposes of section 78B(3)(b) (reg 126), and set out forms and procedures for detention orders and revocations under section 78C (reg 127).
• The Board, Secretary and Chief Commissioner of Police are to be notified in the event of detention, revocation, or cancellation of parole (regs 119-124, 127).

Disciplinary enforcement inside prisons

• Part 6 sets the disciplinary framework; Governors conduct disciplinary hearings with rules on evidence, notice, pleas and penalties (regs 64-74). Governors must record found decisions in forms determined by the Secretary, and must authorise fines payable from a prisoner’s trust account where applicable (reg 74(1)(b)-(c)). The Governor may dismiss charges when insufficient evidence exists (reg 73).

Seizure and evidentiary handling

• The Regulations require seizing and dealing with firearms, explosives and quantities of drugs by giving such things to police as soon as possible (reg 94(2)-(3)). Registers must record seizure details and chain of custody elements including officer details and signatures (reg 93(2)(a)-(h)). Analysts must complete a certificate for sample analyses and forward it to the Governor (reg 98). These steps support prosecution, internal disciplinary action, or administrative disposal.

Enforcement by police and magistrates

• Warrants to return unlawfully released prisoners and arrest cancellation cases must follow prescribed forms (Schedule 2 Forms 4-5, Forms 19-21) and authorise police to break and enter to arrest where necessary (Forms 4 and 19). The Board must provide notices to Governors and Regional Managers promptly when revoking or cancelling parole (regs 120-121).

Administrative enforcement and oversight

• The Secretary, Commissioner and Governor have powers to vary, approve, revoke or authorise actions (eg, approve prisoner privileges, revoke placement of prisoner’s child, vary prisoner classification). Where officials exercise these powers, the Regulations require explanation, written orders, reporting and records (eg, regs 32(6), 33(1-7), 35, 74(1)(b), 21(1)). Failure to maintain registers or comply with notification obligations may expose the Department to administrative review though remedies are primarily administrative under the Act.

Practical enforcement constraints

• Many enforcement steps require timely record‑keeping and interagency communication (eg, reg 110(4) requires notifying the Chief Commissioner of Police of parole orders). For prosecutions based on seized items, the Regulations require handing firearms/explosives and certain drugs to police promptly (reg 94(2)-(3)), creating a chain‑of‑custody duty to preserve evidence. Analysts and officers must sign certificates and entries (regs 98, 93).

The Regulations repeatedly incorporate, implement or reference other statutes and legal frameworks. They expand on powers granted by the Corrections Act 1986 and set out how corrections activity dovetails with criminal, public health, family violence, privacy and administrative law.

Primary enabling statute

• Corrections Act 1986: the Regulations are made under ss 112 and 112A of the Act (reg 2) and operationalise many of the Act’s powers and obligations (eg, search powers, parole, police gaols). The Regulations refer to specific Act sections throughout (for example, search powers under section 45 of the Act are implemented by regs 85-91).

Criminal and evidentiary interfaces

• Crimes Act 1958: the term "explosive substance" is defined by reference to s 317(1) of the Crimes Act (reg 5). Seizure and surrender of weapons and explosives to police (reg 94(2)) and handing drug quantities to police (reg 94(3)) create interactions with criminal investigations and prosecutions.
• Serious Offenders Act 2018: restrictions on paid employment outside prison refer to serious sex offences listed in Schedule 1 to the Serious Offenders Act (reg 51(1)(a)), tying corrections employment rules to offender status recorded under that Act.
• Working with Children Act 2005: the Secretary must not enter agreements for paid employment outside prison if the work is child‑related within the meaning of that Act (reg 53(b)).

Health, drugs and professional regulation

• Drugs, Poisons and Controlled Substances Act 1981: "prohibited poison" is defined by reference to Schedules under that Act (reg 5). The Regulations also prescribe health worker classes and medical professionals as prescribed classes of officers (reg 7), and set requirements for taking samples and analyst certification under public health frameworks (regs 97-98; analyst may be appointed under s 32 of the Public Health and Wellbeing Act 2008, reg 98(2)).

Family violence and court orders

• Family Violence Protection Act 2008: prison offence list specifically includes committing, commissioning or breaching family violence orders (reg 65(zd)-(zg)). The victims register and disclosure rules require checking for family violence intervention orders where relevant (reg 133D(2)(b)).
• Evidence (Miscellaneous Provisions) Act 1958: the Regulations allow prisoners to appear by audio visual link if ordered by the court under Part IIA of that Act (reg 23(6)).

Oversight and information sharing

• Freedom of Information Act 1982 and Information Commissioner: correspondence and confidential parcels referencing the Information Commissioner are treated specially in reg 18(2)(d)-(e) and reg 20.
• Various integrity agencies: the Regulations prescribe correspondents and bodies (Ombudsman, IBAC, Victorian Inspectorate, Royal Commissions etc.) when detailing confidential correspondence, prescribed persons for use or disclosure of personal/confidential information (reg 20; reg 137).

Administrative and procedural law

• Subordinate Legislation Act 1994: endnotes explain sunset provisions (Regulations will sunset 10 years after making, Endnotes 1). The Regulations also require publication of certain guidelines in the Government Gazette (eg, reg 46(2) regarding expenditure of interest).
• Public Administration Act 2004: the registrar of the victims register must be a person employed under Part 3 of that Act (reg 133B).

Interstate and Commonwealth interfaces

• The Regulations refer to Commonwealth offences and bodies (eg, Australian Federal Police, Australian Crime Commission) when prescribing persons/bodies in reg 20. Parole conditions include leave from Victoria requiring Regional Manager or Board permission (regs 111(1)(i), 112(1)(i), 110(4) requires notifying the Chief Commissioner of Police).

Limits and subordinate rule‑making

• The Secretary and Commissioner are given wide powers to make rules and adopt instruments (eg, to specify kinds of assault that trigger mandatory restraints under reg 14(1C), to determine remuneration rates under reg 43(5), to publish codes of conduct under reg 6(4)). These delegated instruments will interact with the Act, administrative law standards, and may be subject to review depending on their form and publication requirements (reg 46 requires publishing guidelines in the Government Gazette).

The consolidated version provided incorporates amendments up to 18 November 2025 (version note at head). The principal instrument was made 16 April 2019 and commenced on 28 April 2019 (reg 3; Endnotes Part 1). The Regulations expressly revoke a list of prior subordinate instruments (Schedule 1).

Amendments recorded in the published endnotes and in‑text annotations include:

• Corrections Amendment Regulations 2019, S.R. No. 46/2019 (made 12 June 2019), which inserted Part 9A (police gaols) and several definitions and provisions (reflected in multiple inserted regs and amendments noted inline, for example reg 1(d)-(h) substituted/inserted annotations; regs 100A-100H and Part 12A,regs 133A-133H were inserted by S.R. No. 46/2019 as indicated throughout).
• Corrections Amendment (Parole) Regulations 2023, S.R. No. 26/2023 (made 26 April 2023, commenced 1 July 2023), which amended parole forms and terms, notably substitution and amendment of parts of regs 114 and Schedule 2 Forms (see annotations reg 114(1)(n) substituted, regs 114(3A) and (3B) inserted, Forms 10, 13 updated per reg notes).
• Corrections Amendment Regulations 2025, S.R. No. 118/2025 (made and commenced 18 November 2025), which inserted new material including reg 14(1A-1C) on mandatory restraints after specified assaults, modifications to strip search procedures (reg 86 amendments adding reasons for preventing private dressing and additional register requirements), and other operational changes (annotations refer to S.R. No. 118/2025 reg 5-8).

The Endnotes include:

• a Table of Amendments (Endnotes Part 2) listing S.R. Nos 46/2019, 26/2023 and 118/2025 as instruments incorporated into this version;
• Explanatory details including the statutory basis for penalty unit calculations and the sunset provision that the Regulations will sunset 10 years after making on 16 April 2029 (Endnotes Part 1 and Part 3).

Internal amendment markers in the text (for example, “Reg. 14(1A) inserted by S.R. No. 118/2025 reg. 5(1)”) identify where specific paragraphs or subregulations were added. The practitioner must read the consolidated text alongside explanatory particulars of each amending statutory rule to track discrete changes to operational practice, particularly where amendments impose new mandatory duties (eg, reg 14(1A) and reg 115/116 related to parole intensive periods and reg 86 revised strip search record requirements).

Schedule 1 lists previous regulations and amendments revoked by this instrument, including Corrections Regulations 2009 and multiple subsequent amendment stat rules (Schedule 1 table).

The Regulations as provided contain no judicial decisions or case citations. The text and accompanying Endnotes do not refer to any litigation, appellate or authoritative case law applying or interpreting these Regulations. There are no cases named in the instrument or in the explanatory endnotes. Practitioners should therefore look to decisions under the Corrections Act 1986 and to administrative law and criminal law authorities for case law bearing on issues such as restraint, searches, parole cancellations, administrative discretion, and privacy , but none are supplied in this Regulations text.

For litigation purposes, the Regulations set procedural forms and documentation requirements (Schedule 2), registers and evidentiary certification that will be relevant in court or tribunal proceedings (eg, seizure registers, Form 3 certificates, seizure‑to‑police procedures, regs 93-98, 94(2)-(3)). Any litigation will hinge on compliance with these procedural provisions and with the enabling Act; the Regulations themselves supply the formal processes and evidentiary pathways to be evaluated by courts.

The Regulations contain multiple operational traps for the unwary. These are concrete features and procedural points that can produce compliance exposure, contested decisions, or administrative risk if not observed.

1. Mandatory restraint direction in specified assault cases (newly inserted reg 14(1A)-(1C))

   • If a Governor reasonably believes on reasonable grounds that a prisoner committed an assault on a custodial worker or other prison employee and that the assault was of a kind specified by the Commissioner, the Governor must direct application of an instrument of restraint unless satisfied exceptional circumstances make it unnecessary (reg 14(1A)). The Commissioner specifies the kinds of assault that will trigger such a direction (reg 14(1C)).
   • Risk: this creates an operational duty to apply restraint in many cases unless "exceptional circumstances" are documented. Agencies must ensure policies and record trails to justify any decision not to apply restraints in those circumstances. Extended restraint durations trigger immediate Secretary notification under reg 15.

2. Restraint duration reporting and limits

   • Restraint must not be longer than necessary (reg 14(2)), and lengthy applications trigger mandatory notification: continuous over 18 hours or cumulative 36 hours in 96 hours requires immediate Secretary notification (reg 15(a)(i-ii)); specific limits for spitter hoods are 15 minutes (reg 15(b)).
   • Risk: failing to track cumulative timings across shifts or units can create non‑compliance and an obligation to notify the Secretary. Registers must be set up to calculate cumulative periods.

3. Broad Governor discretion over parcels and correspondence

   • Governors may dispose of parcels that present immediate danger (reg 17) and may hold, open and inspect parcels from certain correspondents, or require prisoners to open parcels if correspondents do not respond within seven days (reg 18). Governors may also open parcels in other circumstances where reasonable grounds exist (reg 19).
   • Risk: operations must record reasons and provide notifications as required (reg 21 requires a register entry and prisoner notification). Opening correspondence that is privileged or for an oversight body requires care; reg 18 provides special procedures for lawyers and oversight bodies.

4. Strip search procedural complexity

   • Strip searches must follow precise staffing, privacy and non‑touch rules and are registrable with specific entries (reg 86). The Governor may authorise searches by officers of a different gender only in narrow urgent/safety circumstances (reg 86(3)-(4)). If a prisoner is not allowed to dress in private, the Governor must record the reason (reg 86(5)(da)).
   • Risk: non‑compliance with gender or privacy rules or failure to record reasons may be challenged as procedural unfairness or breach of dignity protections.

5. Internet prohibition but conditional exceptions

   • The Regulations broadly prohibit prisoners from using or accessing the Internet (reg 65(o)) with enumerated exceptions and allow the Governor or Commissioner to approve other uses (reg 65(2)). Parole orders (reg 114(1)(h)) now allow the Board to condition Internet use for specified purposes subject to written approvals.
   • Risk: this interacts with rehabilitation programs or legal work requiring electronic access; approvals must be documented and limited to specified purposes to maintain security.

6. Money and mandatory savings plus victim allocation

   • The Regulations require 20% mandatory retention of certain remuneration and also require a 20% allocation of net earnings from paid external employment to assist victims (reg 49(1); reg 55). The Secretary may also approve expenditure of interest on trust accounts for victims, subject to published guidelines (reg 46).
   • Risk: accounting complexity and prisoner expectations about net take‑home pay may lead to disputes. Governors must provide monthly statements and honour rules about allowable expenditures (reg 47). Deductions for damage must be reported to the Secretary (reg 48(6)).

7. Paid employment outside prison is tightly conditioned

   • The Secretary may only enter agreements to allow paid employment outside prison where an offender meets strict eligibility criteria including no serious sex/violent offence, being within 3-12 months of sentence end and no pending court matters (reg 51(1)(a-c)). Employers must be cleared by security and intelligence assessment (reg 53(d)).
   • Risk: administrative delay or failure to obtain security assessments will prevent participation. The Department may contact employers to verify attendance and safety (reg 51(5)), creating potential employer involvement and information exchange obligations.

8. Prescribed parole offences and detention triggers

   • The Regulations list which parole conditions are offences and which require detention (regs 125-126). Forms and procedures for detention orders are prescriptive and time‑sensitive (reg 127).
   • Risk: failure to use correct forms or to notify the Chief Commissioner or relevant parties within prescribed timelines can cause procedural invalidity and judicial review exposure.

9. Victims register removal grounds are extensive

   • The registrar may remove a registered person on a number of grounds including if disclosure may endanger prison security or safety (reg 133H(1)(e)), or if the offence conviction is overturned (reg 133H(1)(j)). The registrar must be able to verify identity documents and obtain law enforcement information as part of the application process (reg 133D(1-2)).
   • Risk: procedural errors in application, nomination or removal can affect victims’ rights; the registrar needs robust identity verification and record‑keeping processes.

10. Emergency exemptions are broad but time‑limited

    • The Secretary may grant exemptions from any provision in an emergency and impose conditions (reg 138(1)). Exemptions cease when revoked or when the emergency ceases to have an effect (reg 138(2)).
    • Risk: prolonged reliance on exemptions without documented rationale and timeframes may attract scrutiny. Clear expiry, record and reporting procedures are necessary.

Operationally, governors and the Secretary will need to ensure record‑keeping systems, staff training, interagency notification protocols and template forms are in place to avoid inadvertent non‑compliance.

This section turns the Regulations into concrete compliance tasks and prioritised checklists for governors, the Secretary, Regional Managers, case managers and frontline officers. The steps align with the Regulations’ specific obligations.

Governors and operational managers

1. Registers and records

   • Establish and maintain registers required by the Regulations: parcel register (reg 21), strip search register (reg 86(5)), register of things seized (reg 93), breath test register (reg 99(2)), police gaol seizure register (reg 100C), and others as needed. Ensure entries include the particular items specified (eg, names, reasons, time/date, officer signatures, and reasons where private dressing denied under reg 86(5)(da)).
   • Use the forms in Schedule 2 for orders, notices, warrants, sample certificates and parole documents. Ensure the Secretary/Board/Regional Manager copies are distributed as required (eg, reg 110(3), 119(2)).

2. Restraint and search protocols

   • Implement standard operating procedures for instruments of restraint per reg 13 and ensure use is in the manner approved by the Commissioner (reg 14(5)). Document the justification when a direction under reg 14(1A) is applied or when restraint is refused in an "exceptional circumstances" case.
   • Track duration of restraints to comply with reg 15 notifications and avoid exceeding continuous limits. Maintain timestamped logs to calculate cumulative hours across 96‑hour periods.

3. Parcel and correspondence procedures

   • Adopt and publish procedures for handling parcels: immediate disposal where immediate danger is suspected (reg 17), special handling and notification for parcels from lawyers and oversight bodies (reg 18), and inspection criteria for other parcels (reg 19). Keep records of notifications to prisoners when parcels are inspected or disposed of (reg 21(2)).

4. Discipline and hearings

   • Train disciplinary officers on investigation prerequisites (reg 66) and the hearing procedures (regs 67-74). Maintain forms determined by the Secretary for recording decisions (reg 74(1)(b)). Provide prisoners with written notice of charges and procedure (reg 68).

5. Property and financial management

   • Operate prisoner trust accounts to hold all money received on behalf of prisoners (reg 45(1)); provide monthly statements when requested (reg 47(2-3)). Apply mandatory savings (reg 49) and ensure permitted expenditures and deductions (reg 48). Establish controls to prevent transfers between prisoner trust accounts (reg 48(4)).
   • Implement procedures for art sales, external employment agreements and retention percentages (regs 50-55), including the mandatory 20% allocation to victims from external earnings (reg 55).

6. Strip searches and gender/privilege safeguards

   • Adopt strip search protocols that comply with reg 86: minimum two officers, privacy, non‑touching search method, immediate dressing, gender preference accommodation and register entries. Ensure capacity to explain and record reasons when private dressing is not permitted.

Secretary and policy leads

1. Publication and rule‑making

   • Publish codes of conduct (reg 6(4)), remuneration rates and annual reviews (reg 43(5-6)), and guidelines regarding expenditure of interest for victims in the Government Gazette (reg 46(2)). Make rules for case management, classification variations and panel composition as authorised (reg 29).

2. Remuneration and savings policy

   • Determine minimum and standard rates, guidelines for essential toiletries distribution where prisoners refuse work (reg 43(4)), and systems to hold and disburse mandatory savings and victim allocations (regs 43-49, 55).

3. Emergency and exemption frameworks

   • Draft and maintain an emergency exemption instrument procedure to comply with reg 138, ensure clear documentation of conditions and set review timelines.

Regional Managers and community corrections

1. Parole processes and notifications

   • Ensure receipt and distribution of Board decisions (reg 104); issue notices and declarations to prisoners per regs 117, 119(4-5). Manage parole variations and ensure forms and notices (Forms 12-17) are completed and distributed within seven days where required (reg 119(2)).

2. Community corrections compliance

   • Implement processes to direct unpaid community work (reg 129), manage location attendance rules and record offences in line with regs 130-131, and ensure locations have the capacity to enforce unauthorised area rules.

Victims register and registrar responsibilities

1. Application and identity verification

   • Use an approved form, verify identity documents and collect authorisations to obtain law enforcement information as required by reg 133D(1-2). Maintain the register in a form determined by the registrar and implement removal criteria and processes (regs 133A-133H).

2. Confidentiality and nominee undertakings

   • Administer Form 22A for nominee confidentiality undertakings (reg 133G). Implement processes to act on Secretary referrals where removal is proposed under reg 133H(1)(d-e).

Frontline officers and escorts

1. Notifications and immediate duties
   • Notify the Governor when applying restraints under reg 14(3) (reg 16). For searches of persons (other than prisoners), provide the cautions and record the person’s responses as prescribed (reg 89(1-2)).
   • For samples and seizures, follow sealing, labelling and analyst forwarding procedures (regs 97-98) and provide receipts to persons from whom items are seized in police gaols (reg 100B).

Training and audit

• Implement a training calendar covering search and restraint law, evidence handling, register completion, parole variation procedures, victims register processing and emergency exemptions.
• Audit compliance quarterly against the registers and forms listed in the Regulations (regs 21, 86(5), 93, 99(2), 100C(1)) and remediate gaps promptly.

Checklist for critical timelines and forms

• Officer criminal charge notification to Governor as soon as practicable; Governor to inform Secretary within 24 hours (reg 6(1-2)).
• Restraint extended periods: immediate Secretary notification where thresholds breached (reg 15).
• Seizures: give firearms/explosives/drugs to police as soon as possible and record per reg 93; complete Form 3 for analysis (reg 98).
• Parole orders: Board ensures Secretary, Governor and Regional Manager notified as soon as possible (reg 104), and Form 9/10 use for orders (reg 110). Variation notices to Regional Manager within seven days (reg 119(2)).
• Victims register processing: use approved forms and identity checks per regs 133D-133E and Form 22A for nominees (reg 133G).

Record retention and evidence readiness

• Retain copies of registers and signed forms as the Regulations require and as evidence of lawful exercise of powers. When seizures are passed to police, record the receiving officer’s name, rank, number and signature (reg 93(2)(g)-(h)).

This compliance summary translates specific regulatory duties into pragmatic steps, record requirements and training priorities. Where the Regulations grant discretion (for example, reg 57(2) approving entry of unauthorised items or reg 138 emergency exemptions), ensure decisions are recorded, reasoned on file, and aligned with published guidelines where the Regulations require publication (eg, reg 46(2) for interest expenditure).