Corrections Act 2004

Corrections system - Establishment and operation of prisons - Minimum entitlements

69: Minimum entitlements

You could also call this:

"Basic rights you have when you are a prisoner"

Illustration for Corrections Act 2004

When you are a prisoner, you have some basic rights. You have the right to physical exercise, as stated in section 70. You also have the right to a bed and bedding, as stated in section 71.

You have the right to food and drink, as stated in section 72. You can have visitors, as stated in section 73. You can also talk to a lawyer, as stated in section 74.

You have the right to see a doctor, as stated in section 75. You can send and receive mail, as stated in section 76. You can make phone calls, as stated in section 77(3).

You can get information and education, as stated in section 78. But sometimes, you might not get these rights. This can happen if there is an emergency or a security problem in the prison.

If you are in a Police jail, you might not get all of these rights. This is because the Police jail might not have the facilities or resources to provide them. You might also not get some rights if you are being punished or if you have been temporarily released from prison.

There are some rules that say when you can be denied these rights. These rules are stated in section 62 and section 65. You can also be denied some rights if you are being punished, as stated in subpart 5 of Part 2.

These rights are not the same as privileges, which are stated in section 43(3)(a)(i), section 133(3)(a), and section 137(3)(a). Some rules override others, as stated in sections 70 to 78.

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Part 2Corrections system
Establishment and operation of prisons: Minimum entitlements

69Minimum entitlements

  1. Every prisoner has the following minimum entitlements:

  2. physical exercise, as provided for in section 70:
    1. a bed and bedding, as provided for in section 71:
      1. food and drink, as provided for in section 72:
        1. access to private visitors, as provided for in section 73:
          1. access to statutory visitors and specified visitors:
            1. access to legal advisers, as provided for in section 74:
              1. to receive medical treatment, as provided for in section 75:
                1. to send and receive mail, as provided for in section 76:
                  1. to make outgoing telephone calls, as provided for in section 77(3):
                    1. to exercise any right conferred on prisoners by regulations made under this Act to communicate using any specified device or medium of communication:
                      1. access to information and education, as provided for in section 78.
                        1. 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—

                        2. there is an emergency in the prison; or
                          1. the security of the prison is threatened; or
                            1. the health or safety of any person is threatened.
                              1. 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.

                              2. A prisoner—

                              3. may be denied, for not more than 2 consecutive days at a time, the minimum entitlement referred to in subsection (1)(a) if—
                                1. 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
                                  1. in the opinion of the prison manager, it is not practicable to provide the entitlement during the times the prisoner is in the prison:
                                  2. 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:
                                    1. 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.
                                      1. 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).

                                      2. 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).