Australian Capital Territory
Remand Centres Regulations 1976     No 17
made under the
Remand Centres Act 1976
Republication No 4
Effective:  28 March 2003
Republication date: 28 March 2003
Last amendment made by A2003-14

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Remand Centres Regulations 1976, made under the Remand Centres Act 1976 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 28 March 2003.  It also includes any amendment, repeal or expiry affecting the republished law to 28 March 2003.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Remand Centres Regulations 1976
made under the
Remand Centres Act 1976
Contents
	Page
Part 1	Preliminary
	1	Name of regulations	2
	2	Definitions for regulations	2
Part 2	Duties of superintendent and custodial officers
	3	Duties of superintendent	3
	4	Duties of custodial staff	4
	5	Offences by custodial officers	4
Part 3	Rights and duties of detainees
	6	Detainee to be informed of rights and duties	5
	7	Detainees to be searched	5
	8	Records to be kept	7
	9	Medical examination	7
	10	Accommodation	8
	11	Accommodation of detainees’ children	9
	12	Food	9
	13	Cleanliness	10
	14	Clothing	10
	15	Employment of detainees	10
	16	Visitors	11
	17	Visits by legal adviser	12
	18	Purchases by detainees	12
	19	Communication by and with detainees	12
	20	Recreation	13
	21	Religious instruction	13
	22	Offence	13
Part 4	Transfer of people remanded
	23	Notice of transfers from the Territory	14
Endnotes
	1	About the endnotes	15
	2	Abbreviation key	15
	3	Legislation history	16
	4	Amendment history	18
	5	Earlier republications	19

Australian Capital Territory
Remand Centres Regulations 1976     

made under the
Remand Centres Act 1976

    

  

Part 1	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 the Marriage Act 1961 (Cwlth), part 4, division 1 (Authorisation of Ministers of Religion and other persons as celebrants).

Part 2	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; and
	(b)	the safekeeping of items confiscated in pursuance of regulation 7 or surrendered by a detainee for safekeeping; and
	(c)	the custody, preservation and management of articles used within the remand centre; and
	(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; and
	(ii)	infringements of standing orders; and
	(iii)	action by the superintendent in pursuance of the Act, section 21 and the reason for the action; and
	(e)	the maintenance of—
	(i)	a register of the admission and discharge of each detainee; and
	(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; and
	(b)	to prevent breaches of the Act; and
	(c)	to supervise, guard and ensure the safe custody of detainees.
Note 	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and the standing orders (see Legislation Act 2001, s 104).
	(2)		Where a custodial officer becomes aware of—
	(a)	a breach of discipline by a detainee; or
	(b)	a breach of the Act; or
	(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; or
	(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.
Maximum penalty:  $1 000.

Part 3	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; and
	(b)	legal representation; and
	(c)	his or her rights of appeal and complaint to an official visitor; and
	(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 detainee or his or her quarters under subsection (1) or (2) must, if practicable, be carried out by a custodial officer of the same sex as the detainee.
	(4)	If the detainee is a transgender or intersex person, the person may ask that the search be carried out by either a male or a female.
Note 1	For the meaning of transgender person see Legislation Act, s 169A.
Note 2	For the meaning of intersex person, see Legislation Act, s 169B.
	(5)	If the detainee asks that the search be carried out by a male, the detainee is taken, for this section, to be male.
	(6)	If the detainee asks that the search be carried out by a female, the detainee is taken, for this section, to be female.
	(7)		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.
	(8)		Where a custodial officer confiscates an item under subregulation (7), he or she shall report the matter to the superintendent as soon as possible.
	(9)		An item confiscated under subregulation (7) 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 safekeeping while the detainee remains in the remand centre.
	(10)		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; and
	(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; 
	(g)	the name and address of each person with whom the detainee communicates by mail or telephone.
9	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 has a transmissible notifiable condition within the meaning of the Public Health Act 1997 or is in a verminous condition, may 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), (7) and (8), 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), (7) and (8), 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)	For subregulation (5), a transgender or intersex person is taken to be of the sex with which the person identifies.
Note 1	For the meaning of transgender person see Legislation Act, s 169A.
Note 2	For the meaning of intersex person, see Legislation Act, s 169B.
	(7)		Sleeping quarters occupied by adult detainees shall be segregated from sleeping quarters occupied by detainees under the age of 18 years.
	(8)		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 the Children and Young People Act 1999, chapter 2 (General objects, principles and parental responsibility).
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 the detainee’s 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 police officer 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.
Maximum 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 the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	RI = reissue	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
num = numbered	SL  = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
The Remand Centres Regulations 1976 (previously called the Remand Centres Regulations) were originally made under the Remand Centres Ordinance 1976 (now the Remand Centres Act 1976). They were renamed by the Law Reform (Miscellaneous Provisions) Act 1999 No 69 (see sch 4)
	Legislation before becoming Territory enactment
Remand Centres Regulations 1976 No 17
notified 27 September 1976
commenced 27 September 1976
as amended by
Remand Centres Regulations Amendment 1978 No 3
notified 3 February 1978
commenced 3 February 1978
Remand Centres Regulations Amendment 1983 No 24
notified 30 December 1983
commenced 30 December 1983
Children’s Services (Miscellaneous Amendments) Ordinance 1986 No 14
notified 4 June 1986 
commenced 26 April 1988 (s 2 and Gaz 1988 No S116)
Remand Centres Regulations Amendment 1987 No 9
notified 22 July 1987
commenced 22 July 1987
Self-Government (Consequential Amendments) Ordinance 1989 No 38
notified 10 May 1989
s 1, s 2 commenced 10 May 1989
remainder commenced 11 May 1989 (s 2 (2) and Gaz 1989 No S164)
	Legislation after becoming Territory enactment
Remand Centres Regulations (Amendment) 1996 No 34
notified 24 December 1996
commenced 1 Jan 1997 (reg 1)
Public Health (Miscellaneous Provisions) Act 1997 No 70 sch 4
notified 9 October 1997 (Gaz 1997 No S300)
ss 1-3 commenced 9 October 1997
sch 4 commenced 10 July 2001 (Gaz 2001 No S45)
Public Health (Consequential Amendments) Act 1999 No 20 sch 2
notified 14 April 1999 (Gaz 1999 No S16)
sch 2 commenced 10 July 2001 (s 2 and Gaz 2001 No S45)
Children and Young People (Consequential Amendments) Act 1999 No 64 sch 3
notified 10 November 1999 (Gaz 1999 No 45)
s 1, s 2 commenced 10 November 1999 (IA s10B)
sch 3 commenced 10 May 2000 (s 2 (2))
Remand Centres Regulations Amendment 2000 No 45
notified 9 November 2000 (Gaz 2000 No 45)
reg 1, reg 2 commenced 9 November 2000 (IA s 10B)
remainder (regs 2-4) commenced 9 November 2000
Legislation (Consequential Amendments) Act 2001 No 44 pt 329
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 329 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)
Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.31
notified LR 27 March 2003
s 1, s 2 commenced 27 March 2003 (LA s 75 (1))
sch 1 pt 1.31 commenced 28 March 2003 (s 2)
4	Amendment history
Name of regulations
reg 1	sub Act 1999 No 66 sch 4
Definitions for regulations
reg 2	am ord 1986 No 14; Act 1999 No 64 sch 3
	sub 2000 No 45 reg 3
	def Director om Act 1999 No 64 sch 3
	def the Act om Act 2001 No 44 amdt 1.3623
Duties of custodial staff
reg 4	am 1978 No 3
	am Act 2001 No 44 amdts 1.3624-1.3626
Detainee to be informed of rights and duties
reg 6	am 1987 No 9
Detainees to be searched
reg 7	am A2003-14 amdt 1.98; regs renum R4 LA (see A2003-14 amdt 1.99)
Medical examination
reg 9	am Act 1997 No 70 sch 4
	am Act 1999 No 20 sch 2
Accommodation
reg 10	am ord 1986 No 14; A2003-14 amdt 1.100; regs renum R4 LA (see A2003-14 amdt 1.101)
Accommodation of detainees’ children
reg 11	am 1983 No 24; Act 1999 No 64 sch 3
Communication by and with detainees
reg 19	am ord 1989 No 38
Transfer of people remanded
pt 4 hdg	ins 1996 No 34 reg 3
	sub 2000 No 45 reg 4
Notice of transfers from the Territory
reg 23	ins 1996 No 34 reg 3
	am Act 1999 No 66 sch 4
	sub 2000 No 45 reg 4
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	Ordinance 1989 No 38	31 October 1991	
2	SL 1996 No 34	31 January 1997	
3	Act 2001 No 44	20 November 2001	

©  Australian Capital Territory 2003