Visits

Remand prisoners are allowed up to 3 visitors at a time, 3 times in each week [see Correctional Services Act 1982 (SA) s 34(2) and Correctional Services Regulations 2016 (SA) reg 39(2)]. Other prisoners are allowed one visit, of up to 3 people, once in each 2 week period [see s 34(1) and reg 39(1)]. For more information about visiting a prisoner, visit the Department for Correctional Services website.

Prisoners are allowed visits from their lawyers, which do not count as personal visits if they are for legal business [Correctional Services Act 1982 (SA) s 35(2)]. Lawyers are guided by the Department for Correctional Services Professional Visits Guide.

The Chief Executive of the Department can permit extra visits for special reasons (although this is very rare) and can also stop a particular person from visiting a prisoner.

The following restrictions also apply to visitors [Correctional Services Act 1982 (SA) s 34(4)]:

If a person would like to request approval of the Chief Executive to visit a prisoner, they should do so by letter to:

Chief Executive Custodial Services

GPO Box 1747

ADELAIDE SA 5001

The letter should cover things such as:

If the approval is sought for a child to visit a prisoner who has ever been found guilty of a child sexual offence, the letter should also cover the child's relationship to the prisoner and whether the child was a victim of the offending.

The Chief Executive will respond to requests for approval by return letter.

Information that is classified by the Commissioner of Police as criminal intelligence for the purposes of granting an approval to visit a prisoner [under s 34(4)], or excluding a person from entering a correctional institution, may not be disclosed to any person other than the Chief Executive, the Minister, a court, or a person to whom the Commissioner of Police authorises its disclosure [see s 6(1)].

Under section 4 of the Act, criminal intelligence means information relating to actual or suspected criminal activity (whether in South Australia or elsewhere) the disclosure of which could reasonably be expected to:

Where the Chief Executive has:

then the Chief Executive is not required to provide any grounds or reasons for the decision other than that it was made in the public interest, or that it would be contrary to the public interest if the person were to be permitted to visit a prisoner in, or enter, the correctional institution or institutions [see s 6(2)].

The Chief Executive also has the ability to exclude a person from entering or visiting a correctional institution where the Chief Executive believes on reasonable grounds that the person:

The Chief Executive may, by written order, direct that the person be excluded from a specified correctional institution, all correctional institutions of a specified class, or all correctional institutions, until further order or for a specified period. The Chief Executive may, however, permit a person to visit a prisoner (either on a particular occasion or on a regular basis) as the Chief Executive considers appropriate [see Correctional Services Act 1982 (SA) s 85A].

Drug and Alcohol Testing - Other Persons (excluding prisoners or Department employees/officers)

Under section 81V of the Correctional Services Act 1982 (SA), the Chief Executive may, subject to the person's consent, require a person who enters a correctional institution to do any of the following in accordance with the rules:

If a person does not consent to the drug and alcohol testing, the Chief Executive may cause the person to be refused entry, or to be removed from the correctional institution, using only such force as is reasonably necessary for the purpose [see s 81V(2)].

The biological samples (including any forensic material), the results of any drug and alcohol testing or analysis, or an admission or a statement made by a person relating to such drug and alcohol testing, is not admissible in any other proceedings and cannot be used for any other purposes than what is contemplated by the Act [s 81X].

See Part 7A of Correctional Services Regulations 2016 (SA) for further details of the drug and alcohol testing process.

Mail

A prisoner is entitled to send and receive letters but the Chief Executive may cause all mail, whether it is sent from or to a prisoner, to be opened and examined to check whether it contravenes section 33 of the Correctional Services Act 1982 [see s 33(4)]. Mail may contravene s 33 if it contains threats, plans to commit criminal acts, a coded statement, or other prohibited content [see s 33(3) and (3a) for more information about prohibited content].

The Chief Executive must inform a prisoner of any action taken in respect of any letters sent from or to them [s 33(12)].

Letters sent from a prisoner to certain public authorities (such as ICAC or the Ombudsman) or a legal practitioner cannot be opened [see s 33(7)]. Similarly, an authorised officer satisfied that a letter has been sent from certain public authorities or a legal practitioner may not open the letter [see s 33(8)].

The Chief Executive has a discretion as to the goods prisoners may receive [see s 33A].

Phone calls and other communication

Prisoners may not receive telephone calls, but may make a limited number of outgoing calls each week. The rules as to the number of calls that may be made vary from prison to prison. Prison officers can also disconnect telephone calls and prisoners are only permitted to telephone a limited number of phone numbers.

The Chief Executive has the power to monitor or record a prisoner's communication with another person. Communication is defined broadly to include conversation or message in any form or a combination of forms. A party to a communication that may be monitored or recorded is not required to be informed of such fact, unless the communication occurs in any such circumstances (if any) as prescribed by the regulations [s 35A(2)]. If the Chief Executive has authorised a particular protected communication beforehand (such as with the prisoner's lawyer or a particular public authority) then the Chief Executive must not monitor or record it [see Correctional Services Act 1982 (SA) s 35A].

If a communication monitored or recorded under section 35A reveals information about an offence, the Chief Executive must give the information to the Commissioner of Police. Section 35A(5a) permits use of such evidence by certain law enforcement agencies for certain purposes.