South Australian Current Acts

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CORRECTIONAL SERVICES ACT 1982 - SECT 34

34—Prisoners' rights to have visitors

        (1)         Subject to this section, a prisoner (other than a remand prisoner) is, while in a correctional institution, entitled to be visited by a person, or a number of persons not exceeding the prescribed number, on one occasion, or such greater number of occasions as may be prescribed, in each period of two weeks.

        (2)         Subject to this section, a remand prisoner is entitled to be visited by a person, or a number of persons not exceeding the prescribed number, on three occasions, or such greater number of occasions as may be prescribed, in each week.

        (3)         The CE may, if of the opinion that special reasons exist for doing so—

            (a)         permit a prisoner to be visited on any further occasion than is provided by or under this Act; or

            (b)         debar a particular person from visiting a prisoner for such period as the CE thinks fit, or until further order of the CE.

        (4)         The following restrictions apply to a visit to a prisoner (including a remand prisoner) under this section:

            (a)         a person may not visit a prisoner unless the person provides such evidence as the CE thinks appropriate as to the person's identity;

            (b)         a person who visits a prisoner may see and speak with the prisoner but is not permitted to touch the prisoner, unless the visit is part of a contact visiting program approved by the CE;

            (c)         a person who has been released from prison may not, without the approval of the CE, within a period of 12 months of the person's release from prison, visit a prisoner;

            (d)         a person under the age of 18 years may not, without the approval of the CE, visit a prisoner if the prisoner has ever been found guilty of a child sexual offence;

            (e)         a person who the CE believes on reasonable grounds is a member of a criminal organisation, or associates with, or has associated with, a member of a criminal organisation, may not visit a prisoner without the approval of the CE.



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