• Section 87(5): “A mechanical restraint must not be used on a prisoner for
more than 24 hours at a time unless the use of the restraint for more than
24 hours – (a) is authorised by the prison manager and is, in the opinion of
a medical officer, necessary to protect the prisoner from self-harm; or (b) is,
in the case of a prisoner who has been temporarily removed to a hospital
outside the prison for treatment, necessary to prevent the escape of the
prisoner or to maintain public safety.”
• Section 87(5A): “An authorisation must be in writing, specify the type of
restraint to be used, specify the time which the prisoner is to be kept under
restraint; and include a record of the medical officer’s opinion that the
restraint is necessary to protect the prisoner from self-harm.”
• Section 87(6): “Chains or irons must not be fitted or attached to a prisoner in
any circumstances.” But does not include handcuffs (s 87(7)).
Corrections Regulations 2005
Segregation
• Part 6: Regulations 53-64 sets out the regulations on the segregation of
prisoners including prescribed segregation and at-risk facilities and additional
segregation and at-risk facilities.
Cell confinement
• Part 11: Discipline and order, Regulations 154-157 sets out the regulations in
relation to prisoners on whom a penalty of cell confinement is imposed.
Use of Force/Restraint
• Part 9: Use of force, non-lethal weapons, and mechanical restraints,
regulations 118 – 129 sets out when force can be used, the use of non-lethal
weapons, mechanical restraints and reporting on their use.
• Schedule 5: Mechanical restraints: section 3 sets out the types of restraints
that can be used by a staff member and include hand-cuffs, waist restraints
used in conjunction with handcuffs, torso restraints, head protectors, and spit
hoods.
• As of December 2019, tie-down beds and wrist bed restraints can no longer
be used.
Women-specific provisions
• Part 13 Special categories of prisoners: regulation 175 sets out the process
for approval of daily visits from children less than 24 months old of women
in prison.
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