As in force on
9 November 2000

Australian Capital Territory

Remand Centres Regulations 1976
in force under the
Remand Centres Act 1976
CONTENTS
	Page
Part I—Preliminary
	1	Name of regulations	1
	2	Definitions for regulations	1
Part II—Duties of Superintendent and custodial officers
	3	Duties of Superintendent	2
	4	Duties of custodial staff	2
	5	Offences by custodial officers	3
Part III—Rights and duties of detainees
	6	Detainee to be informed of rights and duties	4
	7	Detainees to be searched	4
	8	Records to be kept	5
	9	Medical examination	5
	10	Accommodation	5
	11	Accommodation of detainees’ children	6
	12	Food	7
	13	Cleanliness	7
	14	Clothing	7
	15	Employment of detainees	7
	16	Visitors	8
	17	Visits by legal adviser	9
	18	Purchases by detainees	9
	19	Communication by and with detainees	9
	20	Recreation	10
	21	Religious instruction	10
	22	Offence	10
PART 4—TRANSFER OF PEOPLE REMANDED
	23	Notice of transfers from the Territory	11
	ENDNOTES
	1	About this republication	12
	2	About the republished subordinate law	12
	3	Abbreviation key	12
	4	Table of legislation	14
	5	Table of amendments	14
	6	Table of earlier republications	16
	7	Uncommenced amendments	16

As in force on
9 November 2000

Australian Capital Territory

Remand Centres Regulations 1976
in force under the
Remand Centres Act 1976

Part I—Preliminary
1 	Name of regulations
	These regulations are the Remand Centres Regulations 1976.
2	Definitions for regulations
	In these regulations:
administrator—see the Act, section 6.
minister of religion means a person who is registered under Part IV, Division 1 (Authorization of Ministers of Religion and other persons as celebrants) of the Marriage Act 1961 (Cwlth).
the Act means the Remand Centres Act 1976.

Part II—Duties of Superintendent and custodial officers
3 	Duties of Superintendent
(1)		The Superintendent shall inspect the remand centre daily.
(2)		The Superintendent is responsible for—
	(a)	the keeping of detainees in safe custody;
	(b)	the safe keeping of items confiscated in pursuance of regulation 7 or surrendered by a detainee for safe-keeping;
	(c)	the custody, preservation and management of articles used within the remand centre;
	(d)	the maintenance of a daily journal recording all occurrences of importance within the centre, including those relating to—
	(i)	the health and discipline of detainees;
	(ii)	infringements of standing orders; and
	(iii)	action by the Superintendent in pursuance of section 21 of the Act and the reason for the action;
	(e)	the maintenance of—
	(i)	a Register of the admission and discharge of each detainee;
	(ii)	a Register of transfers of detainees to New South Wales institutions; and
	(iii)	a Register of the movement of detainees to and from a remand centre; and
	(f)	the compilation and maintenance of records in pursuance of regulation 8.
4 	Duties of custodial staff
(1)		The duties of custodial officers are—
	(a)	to prevent the escape of detainees;
	(b)	to prevent breaches of the Act, these Regulations and the standing orders; and
	(c)	to supervise, guard and ensure the safe custody of detainees.
(2)		Where a custodial officer becomes aware of—
	(a)	a breach of discipline by a detainee;
	(b)	a breach of the Act, these Regulations or the standing orders;
	(c)	the illness of a detainee; or
	(d)	a complaint or request by a detainee,
the custodial officer shall report the matter as soon as possible to the Superintendent.
(3)		A custodial officer shall perform such other duties as the exigencies of the service require.
5 	Offences by custodial officers
	A custodial officer shall not—
	(a)	allow an unauthorised person to communicate with, or remain in the vicinity of, a detainee;
	(b)	allow an unauthorised person or an unauthorised article to pass into or out of the remand centre; or
	(c)	solicit or receive a gift from a detainee, a member of a detainee’s family or a visitor.
Penalty:  $1,000.

Part III—Rights and duties of detainees
6 	Detainee to be informed of rights and duties
(1)		The Superintendent shall cause a detainee to be informed in writing, upon arrival at a remand centre, of his or her rights and duties regarding—
	(a)	conduct and discipline;
	(b)	legal representation;
	(c)	his or her rights of appeal and complaint to an Official Visitor;
	(d)	the availability of medical and psychiatric assistance; and
	(e)	such other matters as the Minister from time to time directs.
(2)		The Superintendent shall cause a detainee to be given, upon arrival at a remand centre, a copy of the standing orders, other than those parts of the standing orders dealing with the security of the remand centre.
7 	Detainees to be searched
(1)		A custodial officer shall search each detainee upon admission to a remand centre.
(2)		A detainee and his or her quarters may be searched from time to time whenever the Superintendent, in the interests of security, considers it necessary.
(3)		The search of a female detainee and her quarters shall be carried out by a female custodial officer.
(4)		An item found during the search of a detainee or his or her quarters under subregulation (1) or (2) that, in the opinion of the custodial officer conducting the search, is prejudicial to the health of the detainee or to the security and good order of the remand centre, may be confiscated.
(5)		Where a custodial officer confiscates an item under subregulation (4) he or she shall report the matter to the Superintendent as soon as possible.
(6)		An item confiscated under subregulation (4) shall, unless it needs to be destroyed on the grounds that it is prejudicial to the health of a detainee or the security of the remand centre, be kept in safe-keeping while the detainee remains in the remand centre.
(7)		A custodial officer conducting a search under subregulation (1) shall make a record of the detainee’s property, stating—
	(a)	a description of each item;
	(b)	in the case of an item that has been confiscated, the date on which it was confiscated; and
	(c)	in the case of an item that has been destroyed, the date on which it was destroyed.
8 	Records to be kept
	The Superintendent shall cause details of the following matters to be recorded in respect of each detainee:
	(a)	the warrant under which the detainee is held;
	(b)	any committal order made in respect of the detainee;
	(c)	the clothing and other personal property in the detainee’s possession at the time of his or her admission to the remand centre;
	(d)	any financial transactions made by the detainee;
	(e)	the detainee’s medical history;
	(f)	the name and address of each visitor received; and
	(g)	the name and address of each person with whom the detainee communicates by mail or telephone.
97	Medical examination
(1)		A detainee shall, as soon as practicable after being admitted to a remand centre, be examined by a medical officer.
(2)		The medical officer shall keep a record of every medical examination made under this regulation.
(3)		A detainee who is found to be suffering from an infectious or contagious disease, or to be in a verminous condition, shall be kept isolated from other detainees.
10 	Accommodation
(1)		Each detainee shall be accommodated in separate sleeping quarters.
(2)		Where—
	(a)	the Superintendent, on the grounds of security; or
	(b)	the medical officer, on medical grounds,
considers that a detainee should not be accommodated in separate sleeping quarters, the detainee shall, subject to subregulations (5), (6) and (7), share sleeping quarters.
(3)		Subject to subregulation (5), where the Minister considers it necessary, because of a temporary shortage of accommodation at a remand centre, for a detainee to share sleeping quarters, the detainee shall, subject to subregulations (5), (6) and (7), share sleeping quarters.
(4)		Where a detainee shares sleeping quarters, the Superintendent or medical officer, as the case requires, shall report the fact to the Administrator.
(5)		Sleeping quarters occupied by male detainees shall be segregated from sleeping quarters occupied by female detainees.
(6)		Sleeping quarters occupied by adult detainees shall be segregated from sleeping quarters occupied by detainees under the age of 18 years.
(7)		Sleeping quarters occupied by convicted detainees shall be segregated from sleeping quarters occupied by unconvicted detainees.
11 	Accommodation of detainees’ children
(1)		Subject to this regulation, a detainee who is the parent of a child under the age of 3 years may, with the consent of any other person who has custody of the child, keep the child with him or her at the remand centre.
(2)		Where the C&YP chief executive considers that it is in the best interests of a child referred to in subregulation (1) to be separated from the child’s parent, he or she may, with the consent of any other person who has custody of the child, place the child in such other care as he or she thinks fit.
(3)		Placement of a child under subregulation (2) shall be for a period that does not exceed the period during which the parent of the child is a detainee.
(4)		Where a child is in a remand centre by virtue of subsection (1), the C&YP chief executive or a person authorised in writing by him or her may, from time to time, inspect the remand centre in order to satisfy himself or herself that it is in the best interests of the child to remain in the remand centre.

(5)	In this regulation—
C&YP chief executive means the chief executive responsible for administering Chapter 2 (General objects, principles and parental responsibility) of the Children and Young People Act 1999.
12 	Food
(1)		A detainee shall be supplied with food and toiletries of adequate quality and quantity.
(2)		Where a detainee arranges to obtain food from outside the remand centre, a custodial officer may search or examine such food as he or she considers may contain matter prejudicial to the health of the detainee or the security and good order of the remand centre.
13 	Cleanliness
(1)		A detainee shall keep himself or herself clean.
(2)		A detainee shall ensure that his accommodation, clothing, bedding and any other articles issued for his or her use are kept clean and in good order.
14 	Clothing
(1)		A detainee may wear his or her own clothing, and have clothing brought to him or her from outside the remand centre, if the clothing—
	(a)	is not required in connection with the legal proceedings in respect of which he or she is a detainee; and
	(b)	is clean and will not transmit disease.
(2)		Where, upon the admission of a detainee, the Superintendent is of the opinion that the clothing of the detainee requires to be disinfected, laundered or otherwise cleaned, he or she may order that the clothing be disinfected, laundered or cleaned.
(3)		Clothing of a suitable style and quality is to be made available for a detainee who requires or requests it.
15 	Employment of detainees
(1)		A detainee is not required to perform any work at a remand centre unless he or she wishes to do so.
(2)		Where—
	(a)	a detainee wishes to work; and
	(b)	appropriate work is available at the remand centre,
the detainee may perform the work.
16 	Visitors
(1)		A detainee may receive visitors at such times as are specified in the standing orders.
(2)		The Superintendent may, where he or she considers it necessary to safeguard the health of a detainee or the security and good order of the remand centre—
	(a)	refuse to allow a person to visit the detainee; or
	(b)	require a visitor to leave the remand centre.
(3)		Where a person whose visit has been refused or terminated under subregulation (2) refuses to leave the remand centre, a custodial officer may use such force as is necessary to remove the person from the remand centre.
(4)		Where the Superintendent exercises his or her powers under subregulation (2), he or she shall report the matter to the Administrator, stating the reason for refusing or terminating the visit.
(5)		Subject to subregulation (6), a person whose visit is refused or terminated under this section may appeal to the Administrator, who may direct the Superintendent to allow the visit.
(6)		No appeal lies in respect of a visit that is refused or terminated at a time other than that specified in the standing orders in accordance with subregulation (1).
(7)		A detainee may refuse to see any visitor.
(8)		Where a detainee refuses to see a visitor—
	(a)	a custodial officer shall make a record of the refusal; and
	(b)	the detainee shall sign the record.
(9)		Where a member of the police force wishes to visit a detainee, the detainee may have his or her legal adviser or a custodial officer, or both, present during the visit, and the Superintendent shall inform the detainee of the fact.
(10)		Nothing in this regulation applies to or in relation to a visit to a detainee by his or her legal adviser.
17 	Visits by legal adviser
	A detainee may receive a visit from, and communicate with, his or her legal adviser between the hours of 8.30 in the morning and 10.30 in the evening on any day.
18 	Purchases by detainees
(1)		A detainee may purchase cigarettes, newspapers and other day-to-day requisites.
(2)		Where a detainee has insufficient means of support, the Superintendent may supply the detainee with such cigarettes, newspapers and other day to day requisites as are reasonably required by the detainee.
19 	Communication by and with detainees
(1)		A detainee may have unlimited mail correspondence.
(2)		The Superintendent may, in the presence of the detainee to whom the letter or parcel, as the case requires, is addressed, open and check incoming letters and parcels and remove items that may be prejudicial to the health of the detainees or the security and good order of the remand centre.
(3)		Incoming or outgoing letters shall not be censored.
(4)		A detainee may, with the consent of the Superintendent, make telephone calls.
(5)		The Superintendent shall not unreasonably withhold his or her consent under subregulation (4).
(6)		Subject to subregulation (7), a detainee shall bear the cost of his or her mail and telephone calls.
(7)		Where the Superintendent is satisfied that a detainee has not sufficient means to pay for his or her essential mail or telephone calls, the cost of that postage and those telephone calls shall be borne by the Territory.
20 	Recreation
(1)		Reasonable facilities for recreation are to be made available for the use of detainees.
(2)		A detainee shall not be forced to take part in any recreational activities.
21 	Religious instruction
(1)		A detainee may from time to time—
	(a)	attend such religious services as are conducted at the remand centres; and
	(b)	attend a minister of religion at the remand centre for religious instruction or guidance.
(2)		A minister of religion shall have a reasonable right of access to a detainee who wishes to see the minister.
22 	Offence
	A detainee shall not refuse or fail to comply with a provision of these Regulations.
Penalty:  $1,000.

PART 4—TRANSFER OF PEOPLE REMANDED
23	Notice of transfers from the Territory
(1)	The administrator must give the Minister written notice for each quarter (the quarterly notice) as soon as practicable, but within 14 days, after the end of the quarter.
(2)	The quarterly notice must state—
	(a)	the name of each remandee transferred to a remand centre or other institution outside the Territory during the quarter; and
	(b)	the circumstances that made the transfer of the remandee necessary or desirable; and
	(c)	the criteria relied on in deciding to transfer the remandee.
(3)	Within 14 days after receiving the notice, the Minister must give a copy of the quarterly notice to the Legislative Assembly Standing Committee the terms of which include an examination of matters related to the administration of justice.
(4)	For this regulation:
quarter means a quarter of the financial year.
remandee means a person remanded into the administrator’s custody.

ENDNOTES
1	About this republication
This is a republication of the Remand Centres Regulations 1976 as in force under the Remand Centres Act 1976 on 9 November 2000.  It includes all amendments made to the regulations up to Subordinate Law 2000 No 45.
Amending laws are annotated in the table of legislation and table of amendments.
The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws:  authorised printed republications to which the Legislation (Republication) Act 1996 applies and unauthorised electronic republications.  The status of this republication appears on the cover.
Section 13 of the Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make textual amendments of a formal nature which the Parliamentary Counsel considers desirable in accordance with current legislative drafting practice.  The amendments do not effect a substantive change in the law.
In preparing this republication, amendments have not been made under section 13.
Not all amendments made under section 13 are annotated in the table of amendments.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
2	About the republished subordinate law
The Remand Centres Regulations 1976 were originally the Remand Centres Regulations.  They were renamed by the Law Reform (Miscellaneous Provisions) Act 1999 No 66 (see s 7 sch 4).
3	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
dict = dictionary
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

4	Table of legislation
Subordinate law*	Year and number*	Gazette
notification	Commencement	Transitional provisions	

Remand Centres Regulations	1976 No 17	27 Sept 1976	28 Sept 1976		
	1978 No 3	3 Feb 1978	3 Feb 1978	—	
	1983 No 24	30 Dec 1983	30 Dec 1983	—	
Children’s Services (Miscellaneous Amendments) Ordinance 1986	1986 No 14	4 June 1986	26 Apr 1988 (see Gaz 1988 No S116)	—	
	1987 No 9	22 July 1987	22 July 1987	—	
Self-Government (Consequential Amendments) Ordinance 1989	1989 No 38	10 May 1989	ss 1 and 2:  10 May 1989
remainder:  11 May 1989 (see s 2 (2) and Gaz 1989 No S164)	—	
	1996 No 34	24 Dec 1996	1 Jan 1997 (see 
reg 1)	—	
Public Health (Miscellaneous Provisions) Act 1997	1997 No 70	9 Oct 1997	ss 1-3:  9 Oct 1997
pt 3 (ss 20-24), pt 7 (ss 40-42) and s 43:  13 Aug 1998 (see Gaz 1998 No S185)
remainder (ss 4-19, 25-39 and 44):  (see endnote 7)	—	
Public Health (Consequential Amendments) Act 1999	1999 No 20	14 Apr 1999	(see  s 2 and endnote 7)	—	
Children and Young People (Consequential Amendments) 
Act 1999	1999 No 64	10 Nov 1999	10 May 2000 (see 
s 2 (2))	—	
Law Reform (Miscellaneous Provisons) Act 1999	1999 No 66	10 Nov 1999	10 Nov 1999	—	
Remand Centres Regulations Amendment
	2000 No 45	9 Nov 2000	9 Nov 2000	—	
5	Table of amendments

Provision	How affected*

reg 1	sub Act 1999 No 66 s 7 sch 4
reg 2	am Ordinance 1986 No 14; Act 1999 No 64 s 4 sch 3
	sub 2000 No 45 reg 3
reg 4	am 1978 No 3
reg 6	am 1987 No 9
reg 10	am Ordinance 1986 No 14
reg 11	am 1983 No 24; Act 1999 No 64 s 4 sch 3
reg 19	am Ordinance 1989 No 38
pt 4 (reg 23)	ins 1996 No 34
	sub 2000 No 45 reg 4
reg 23	ins 1996 No 34
	am Act 1999 No 66 s 7 sch 4
	sub 2000 No 45 reg 4

6	Table of earlier republications
Republication No	Amendments  to	Republication date	
(1)	Ordinance 1989 No 38	31 October 1991	
(2)	SL 1996 No 34	31 January 1997	
7	Uncommenced amendments
The following amendments have not been included in this republication because they were uncommenced at the republication date—
Public Health  (Miscellaneous Provisions) Act 1997, Act 1997 No 70, (s 44 sch 4)
Subregulation 9 (3)— 
Omit “is found to be suffering from an infectious or contagious disease, or to be”, substitute “has a transmissible notifiable condition within the meaning of the Public Health Act 1997 or is”.
Public Health (Consequential Amendments) Act 1999, Act 1999 No 20, (s 3 sch 2)
Subregulation 9 (3)—
	Omit “shall”, substitute “may”.

©  Australian Capital Territory 2000

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