In February 2009, the HRLRC made a Submission in response to a Corrections Regulations Exposure Draft 2009 (Vic) released by Corrections Victoria.  The current Corrections Regulations 1998 are due to sunset in May 2009.  The Proposed Regulations, together with a Regulatory Impact Statement, were released for public comment on 22 January 2009. 

The submission addresses aspects of the Proposed Regulations that the HRLRC considers do not comply with established international and comparative jurisprudence relating to the treatment of prisoners.  In particular, the submission highlights the following concerns with the proposed regulations:

• the regulations concerning the use of firearms permit an escort officer to shoot and kill an escaping officer, regardless of the threat that the prisoner poses;
• the provisions authorising the use of instruments of restraint provide prison staff with an overly broad discretion;
• the provisions relating to classification of prisoners inappropriately identify ‘risk’ to be the single overarching consideration in making such decisions;
• the placement of prisoners does not give sufficient consideration to the need for prisoners to maintain connections with family and friends;
• there is insufficient clarity and transparency around the process for separation of prisoners;
• the provisions relating to prison discipline must be consistent with the right to a fair hearing, particularly in relation to the prescription of offences and penalties and ensuring the right to an effective remedy;
• there may be an unjustified and arbitrary interference with access to prisoners, particularly in relation to visits by lawyers and family members and the register of letters and parcels; and
• provisions relating to searching, and in particular strip searching, remain unacceptably arbitrary and do not require any reasonable belief or suspicion that the security or safety of the prison will be compromised.

The HRLRC was provided with substantial assistance by Clayton Utz in the research and preparation of the submission.

On 20 April 2009, the Centre was informed by the Department of Justice that provisions of the Proposed Regulations had been amended in response to the Centre’s recommendations.  Consequential changes include:

• requirements that restraints be applied for no longer than is necessary and the use of any restraint must be reported to the Prison Manager;
• mandatory consideration of a prisoner’s medical and psychiatric condition when deciding placement or making a separation order;
• the introduction of a ‘checklist’ to promote the right to a fair hearing in prison disciplinary proceedings;
• amendments to improve prisoner access to visitors and correspondence; and
• a requirement that an officer ‘believe on reasonable grounds’ that a strip search is necessary in order for that search to be lawful.

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