sec.8BModification of procedures to take account of needs of prisoner

sec.8B Modification of procedures to take account of needs of prisoner

A prisoner may request the modification of the usual search or urine test sample procedures to take account of the special or diverse needs of the prisoner. To take account of needs associated with gender diversity, sexual orientation or a history of abuse, a prisoner may request a modification to enable powers to be exercised by a female or male corrective services officer, health practitioner or helper. To take account of needs associated with cultural or religious practices, a prisoner may request a modification to enable a headdress to be searched in a particular way. To take account of needs associated with a disability, a prisoner may request a modification to enable a prosthesis to remain in place or be searched in a particular way. The prisoner must be given an opportunity to make the request— on admission to a corrective services facility or as soon as practicable after admission; and within reasonable limits, at a later time. The chief executive must decide whether to accept a modification requested by the prisoner as soon as practicable after the request is made. For a modification of a procedure requiring the exercise of powers by a female or male corrective services officer, health practitioner or helper— the modification is limited to enabling the powers to be exercised by a male rather than female, or a female rather than male, corrective services officer, health practitioner or helper; and See section 8A (2) and (3) in relation to the meaning of the terms female or male corrective services officer, health practitioner or helper. the modification may, in the case of powers of search, be limited to the exercise of powers in relation to the upper body or lower body of the prisoner. A modification requested by a prisoner must be accepted unless the chief executive reasonably believes— the modification— is not associated with the genuine needs of the prisoner; or is requested for an improper purpose; or accommodating the modification— would not be practicable; or would pose an unacceptable risk to the safety or welfare of corrective services officers or other persons; or for a modification of search procedures—accommodating the modification would reduce the effectiveness of the search to an unacceptable extent. The chief executive may withdraw the acceptance of a modification— at the request of the prisoner; or if the chief executive subsequently forms the opinion that the modification would not now be accepted if it were requested. The chief executive must keep the following records— a record of each accepted modification for a prisoner; a record of each decision not to accept a modification requested by a prisoner and the reasons for the decision; a record of the withdrawal of the acceptance of a modification for a prisoner and the reasons for the withdrawal. The chief executive must, as soon as practicable after a record is made for a prisoner, inform the prisoner of the details of the record. s 8B ins 2024 SL No. 187 s 5 (sec.8B-ssec.1) A prisoner may request the modification of the usual search or urine test sample procedures to take account of the special or diverse needs of the prisoner. To take account of needs associated with gender diversity, sexual orientation or a history of abuse, a prisoner may request a modification to enable powers to be exercised by a female or male corrective services officer, health practitioner or helper. To take account of needs associated with cultural or religious practices, a prisoner may request a modification to enable a headdress to be searched in a particular way. To take account of needs associated with a disability, a prisoner may request a modification to enable a prosthesis to remain in place or be searched in a particular way. (sec.8B-ssec.2) The prisoner must be given an opportunity to make the request— on admission to a corrective services facility or as soon as practicable after admission; and within reasonable limits, at a later time. (sec.8B-ssec.3) The chief executive must decide whether to accept a modification requested by the prisoner as soon as practicable after the request is made. (sec.8B-ssec.4) For a modification of a procedure requiring the exercise of powers by a female or male corrective services officer, health practitioner or helper— the modification is limited to enabling the powers to be exercised by a male rather than female, or a female rather than male, corrective services officer, health practitioner or helper; and See section 8A (2) and (3) in relation to the meaning of the terms female or male corrective services officer, health practitioner or helper. the modification may, in the case of powers of search, be limited to the exercise of powers in relation to the upper body or lower body of the prisoner. (sec.8B-ssec.5) A modification requested by a prisoner must be accepted unless the chief executive reasonably believes— the modification— is not associated with the genuine needs of the prisoner; or is requested for an improper purpose; or accommodating the modification— would not be practicable; or would pose an unacceptable risk to the safety or welfare of corrective services officers or other persons; or for a modification of search procedures—accommodating the modification would reduce the effectiveness of the search to an unacceptable extent. (sec.8B-ssec.6) The chief executive may withdraw the acceptance of a modification— at the request of the prisoner; or if the chief executive subsequently forms the opinion that the modification would not now be accepted if it were requested. (sec.8B-ssec.7) The chief executive must keep the following records— a record of each accepted modification for a prisoner; a record of each decision not to accept a modification requested by a prisoner and the reasons for the decision; a record of the withdrawal of the acceptance of a modification for a prisoner and the reasons for the withdrawal. (sec.8B-ssec.8) The chief executive must, as soon as practicable after a record is made for a prisoner, inform the prisoner of the details of the record.