Australian Capital Territory
Corrections Management (PDC: Smoking) Policy 2011
Notifiable instrument NI2011-381
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 (PDC: Smoking) Policy 2011.
2	Commencement
This instrument commences on the day after it is notified.
3	Policy
I make the
PDC: smoking policy
attached to this instrument, to facilitate the effective and efficient management of correctional services.

Bernadette Mitcherson
Executive Director 
ACT Corrective Services
6 July 2011

Periodic Detention centre:
Periodic Detention: 
Smoking Policy

Purpose
Authority
Policy
Principles
Prohibited areas
Permissible areas
Smoking on duty
Smoking reduction/cessation approaches
Possession restrictions
Policy violations
Forms/templates
Related Policies and Procedures
Version Control

Purpose
To outline the Periodic Detention Centre (PDC) smoking policy.

Authority
Legislation
Corrections Management Act 2007, sections 14, 81, 82, 86, and Chapter 10.
Crimes (Sentence Administration) Act 2005, chapter 5. 
Human Rights Act 2004.

Policy
Principles
While the Smoking (Prohibition in Enclosed Public Spaces) Act 2003 does not apply to correctional centres, the Corrections Management Act 2007 allows the Superintendent to designate non-smoking areas.   

Harm-minimisation includes preventing anticipated harm and reducing actual harm through demand reduction, supply reduction and harm reduction strategies. Restrictions on the use of tobacco products within correctional centres are consistent with a harm reduction strategy. 

Staff and detainees have a responsibility to:
•	act responsibly and be aware of the obligation to care for the health, safety and welfare of others at a workplace;
•	co-operate and comply with the requirements of this policy;
•	be aware that individuals can be held personally liable for any wilful or reckless acts or omissions which may result in illness or injury to others; and
•	report any breaches of this policy.

Scope
This policy applies to all ACT Corrective Services staff, volunteers, contractors (including sub contractors), detainees and any other person within the PDC.

Prohibited areas
Smoking is prohibited in all internal areas of the PDC including cells, units, rooms, offices, and covered corridors. A two metre smoke-free zone applies from all external exit doorways. This zone will be clearly identified by a sign indicating the area is ‘smoke free’ for both detainees and staff.  

Consideration must be given to prevent tobacco smoke drifting from outdoor smoking areas into non-smoking areas through doorways, corridors, vents, windows, etc. 

Permissible areas
Smoking is only permitted in designated smoking areas, such as the courtyards. These areas will be clearly marked with signage. 

Smoking on duty
Corrections officers are permitted to smoke provided they are working in an area where smoking is allowed. Corrections officers who are rostered in a non-smoking area may smoke so long as they arrange for another corrections officer to cover their post, and they smoke in an area where smoking is permitted. Permission must be sought from the CO2.  

Smoking reduction/cessation approaches
Detainees wishing to quit smoking or reduce their nicotine dependence will be supported by Justice Health Services staff and ACT Health’s Quit Program.

Possession restrictions
Staff members, detainees, contractors (including subcontractors), volunteers and all other visitors must not possess unauthorised smoking items within a correctional centre. For further clarification please refer to the Contraband Policy.

Policy violations
Staff members who are in violation of this policy will be subject to the employee disciplinary process. 

Detainees who are in violation of this policy will be subject to the detainee disciplinary process.

Contractors, volunteers and others who are in violation of this policy will be directed to cease smoking and dispose of any unauthorised smoking items. If they persist they will be directed to leave the Centre. 

Forms/templates
Nil

Related Policies and Procedures
PDC Contraband Policy
PDC Detainee Discipline Procedure

Version Control
Owner: 			Correctional Officer Grade 4 (CO4), Periodic Detention Centre
Document Location:	http://www.legislation.act.gov.au/ni/current/c.asp
Review Cycle:	This policy should be reviewed every 24 months or when associated ACTCS policies or procedures are amended. 

Amendment History	
Version no. 	Issue date	Amendment details	Author	Approval	
1.0	July 2011	Initial policy	Governance Unit, ACTCS	Executive Director, ACTCS