Part 2Corrections system
Establishment and operation of prisons: Minimum entitlements
69Minimum entitlements
Every prisoner has the following minimum entitlements:
- physical exercise, as provided for in section 70:
- a bed and bedding, as provided for in section 71:
- food and drink, as provided for in section 72:
- access to private visitors, as provided for in section 73:
- access to statutory visitors and specified visitors:
- access to legal advisers, as provided for in section 74:
- to receive medical treatment, as provided for in section 75:
- to send and receive mail, as provided for in section 76:
- to make outgoing telephone calls, as provided for in section 77(3):
- to exercise any right conferred on prisoners by regulations made under this Act to communicate using any specified device or medium of communication:
- access to information and education, as provided for in section 78.
A prisoner may be denied, for a period of time that is reasonable in the circumstances, 1 or more of the minimum entitlements set out in subsection (1) if—
- there is an emergency in the prison; or
- the security of the prison is threatened; or
- the health or safety of any person is threatened.
A prisoner detained in a Police jail may be denied 1 or more of the minimum entitlements set out in subsection (1) (other than the entitlements referred to in subsection (1)(b), (c), (f), and (g), and the entitlement under subsection (1)(e) of access to statutory visitors) if, in the opinion of the prison manager or other person in charge, it is not practicable to provide those entitlements, having regard to the facilities available at the Police jail and the resources available.
A prisoner—
- may be denied, for not more than 2 consecutive days at a time, the minimum entitlement referred to in subsection (1)(a) if—
- the prisoner has been temporarily released from custody or temporarily removed from prison under section 62 or removed for judicial purposes under section 65; and
- in the opinion of the prison manager, it is not practicable to provide the entitlement during the times the prisoner is in the prison:
- the prisoner has been temporarily released from custody or temporarily removed from prison under section 62 or removed for judicial purposes under section 65; and
- may be denied the minimum entitlements referred to in subsection (1)(d), (i), (j), and (k) if the prisoner is undergoing a penalty of cell confinement imposed under subpart 5 of Part 2:
- may be denied the minimum entitlement referred to in subsection (1)(k) if a direction under section 58 or 59 is in force and the prison manager considers that the prisoner is likely to damage prison property.
The minimum entitlements conferred by subsection (1) are not privileges referred to in section 43(3)(a)(i), section 133(3)(a), or section 137(3)(a).
Subsections (2), (3), and (4) override sections 70 to 78.
Compare
- SR 2000/81 r 42
Notes
- Section 69(4)(aa): inserted, on , by section 18 of the Corrections Amendment Act 2013 (2013 No 5).


