South Australian Current Acts

CORRECTIONAL SERVICES ACT 1982 - SECT 20D

20D—Functions of official visitors

        (1)         The functions of an official visitor in relation to the correctional institution in respect of which the visitor is appointed include the following:

            (a)         to receive any complaint of a prisoner in the correctional institution;

            (b)         to act as an advocate for prisoners in the correctional institution to promote the proper resolution of issues relating to the care, treatment or control of the prisoners;

            (c)         to conduct visits to the correctional institution as required or authorised under this Division;

            (d)         to conduct inspections of the correctional institution as required or authorised under this Division;

            (e)         to promote the best interests of prisoners in the correctional institution;

            (f)         to inquire into, investigate and provide advice to the Minister or the CE on any matter relating to the management of the correctional institution, or the care, treatment or control of the prisoners, either on the official visitor's own initiative or on referral by the Minister or the CE;

            (g)         to make recommendations to the Minister or the CE on any matter for the purposes of improving the quality of care, treatment or control of prisoners in the correctional institution;

            (h)         any other functions assigned to the official visitor under this or any other Act.

        (2)         An official visitor has power to do all things necessary or convenient to be done for or in connection with the performance of the official visitor's functions and may have free and unfettered access to a correctional institution in respect of which the visitor is appointed.

        (3)         In exercising functions under this Division, an official visitor—

            (a)         must encourage prisoners in the correctional institution to express their own views and give proper weight to those views; and

            (b)         must have regard to relevant legislation and other material, including international conventions and treaties, with a view to promoting the high quality care, treatment and control of prisoners in the correctional institution; and

            (c)         must pay particular attention to the needs and circumstances of prisoners in the correctional institution who—

                  (i)         are Aboriginal or Torres Strait Islander persons; or

                  (ii)         have a physical, psychological or intellectual disability; and

            (d)         may receive and consider information, reports and materials relevant to exercising the official visitor's statutory functions.

        (4)         Despite any other provision of this Division, an official visitor may conduct a visit to or inspection of any correctional institution (whether or not the official visitor is appointed in respect of the institution) if the official visitor considers it necessary to do so to investigate systemic issues relating to prisoners or the provision of correctional services.

        (5)         An official visitor may receive and consider information, reports and materials, and interview a prisoner or other person, including in accordance with a requirement under section 20E(2), in private.

        (6)         In exercising functions and powers under this Division, an official visitor must, so far as is reasonably practicable, ensure that those functions and powers are exercised in a manner that is not likely to—

            (a)         adversely affect the good order and security of a correctional institution or the safety of any person at, or whose work is connected with, a correctional institution; or

            (b)         adversely affect the protection from disclosure of criminal intelligence or the protection of the health, safety and welfare of a victim of an offence committed by a prisoner.