Australian Capital Territory
Corrections Management (Marriages and Civil Partnerships) Policy 2010
Notifiable instrument NI2010-630
made under the  
Corrections Management Act 2007, section 14(1) (Corrections policies and operating procedures) 

1	Name of instrument
This instrument is the Corrections Management (Marriages and Civil Partnerships) Policy 2010.
2	Commencement
This instrument commences on the day after it is notified.
3	Policy
I make the

Marriages and civil partnerships policy

attached to this instrument, to facilitate the effective and efficient management of correctional services.
4	Revocation
This instrument revokes notifiable instrument NI2009-147.

Barry Folpp
A/g Executive Director 
ACT Corrective Services
3 November 2010

Alexander Maconochie Centre (AMC)

Marriages and Civil Partnerships 
Policy

Purpose
Authority
Policy
Principles
Approval
Remand Prisoners
Costs
Forms and templates
Related policies and procedures

Purpose
To outline the policy regarding prisoners entering into a marriage or civil partnership while in custody at the Alexander Maconochie Centre (AMC).

Authority
Legislation
Corrections Management Act 2007, section 14 and 87(2)(b).
Legislations Act 2001, section 169.
Civil Partnerships Act 2008.
Human Rights Act 2004.

Policy
Principles
Marriages and civil partnerships may take place for prisoners when there are no legal or practical restrictions in place.

Approval
The Superintendent may grant or deny a marriage or civil partnership application.

The application must be made by the prisoner (not the partner). Where both applicants are prisoners, the application may be made by either partner.

The prisoner must meet with the Chaplain to discuss the implications of the application. If the prisoner is not Christian the Chaplain will, where possible, arrange for a religious leader of the appropriate faith to meet with the prisoner.  

When considering an application the Superintendent will have regard for factors such as the prisoner’s length of stay in the AMC, the advice of the Chaplain, the existence of an Apprehended Violence Order (AVO) or Domestic Violence Order (DVO), and any other relevant considerations. 

If the Superintendent does not approve an application, written reasons will be provided to the prisoner.

If the Superintendent grants the application for marriage or civil partnership, arrangements will be made through the Chaplain. 

Remand Prisoners
Applications by remand prisoners will normally not be considered while they are on remand because of the lack of certainty about if and when release may occur. Where an application to marry or enter into a civil partnership is made by a remand prisoner, the prisoner will be advised that the application is deferred until the resolution of their court matters.

The prisoner may re-apply once sentenced to a period of imprisonment or once it becomes apparent that the remand period is to be protracted.

Costs
Any costs incurred as a result of the marriage or civil partnership will be the responsibility of the prisoner.

Forms and templates
Prisoner Request Form (Blue)

Related policies and procedures
Marriages and Civil Partnerships Procedure