COMMISSIONER’S REQUIREMENTS Visits by Children to Restricted Access Prisoners Section CR Number Section 3. Programs and Industry 3.2.2 Current Issue Date October 2021 Corrections Act 1986 Children, Youth and Families Act 2005 Crimes Act 1958 Charter of Human Rights and Responsibilities Act 2006 Family Violence Protection Act 2008 Legislation & Policy Gender Equality Act 2020 Corrections Regulations 2019 Correctional Management Standards for Men’s Prisons in Victoria Standards for the Management of Women Prisoners in Victoria Department of Human Services & Corrections Victoria Restricted Access Prisoners Protocol (December 2013) Standard Programs and Reintegration Services Process Flow Chart – Child Visits to Restricted Access Prisoners Official: Sensitive – Contact details for Restricted Access visit applications Attachments Official: Sensitive – Supervision of Child Visits to Restricted Access Prisoners – (Desktop Guide for Officers) Information for prisoners – Visits by Children to Restricted Access Prisoners Information For Families and Friends – Visits by Children to Restricted Access Prisoners Restricted Access Visits Application Checklist Restricted Access Visits – Prisoner Application and Consent to Release Information Restricted Access Visits – Parent / Legal Guardian Consent Forms Official: Sensitive – Forensic Intervention Services – Advice in response to Restricted Access prisoner’s application for visits with children Outcome of Restricted Access Application for Access for Visits with Children Risk Assessment for Mainstream Placement of Women Restricted Access Prisoners 1 of 35 Commissioner’s Requirement – Visits by Children to Restricted Access Prisoners COMMISSIONER’S REQUIREMENTS 1 PURPOSE 1.1 To clearly define when a prisoner is to be categorised as ‘Restricted Access’, which is someone who is charged with, convicted of or has known prior convictions for one or more of the following: (a) an offence involving physical or sexual abuse against children, including child pornography offences (b) sex offences against an adult, where the offender has had at least two previous convictions for similar offences (c) an offence involving physical or sexual assault of a vulnerable victim over 18 years of age, and where there is a reasonable concern that they present a risk to children. A ‘vulnerable victim’ is someone whose vulnerability (e.g. significantly impaired intellectual or physical functioning, elderly etc) was knowingly exploited in order to commit the offence (d) current charges or offences (or past offences within the last 5 years) which are brought under the Family Violence Protection Act 2008 (e.g. breaches of family violence intervention orders), where the orders have been made in respect of children or vulnerable victims. 1.2 In determining whether historical offences should constitute a Restricted Access classification, the General Manager may utilise discretion by considering factors such as the recency, number and nature of the offences. 1.3 Furthermore, the General Manager may also consider categorising a prisoner as Restricted Access where the nature of his/her offence history falls outside of the above categories, but where there was an intended harm to a child/ren. 1.4 To define the guidelines for visits between children and Restricted Access prisoners by:  assisting General Managers, and their delegates, in assessing and determining such applications  to effectively manage the risks posed to children by prisoners who are known to have, or who are alleged to have, offended against children or vulnerable victims. 1.5 To define the guidelines for assessing and approving mainstream placement of women prisoners categorised as Restricted Access where there is potential contact with children in custody (i.e. not their own children). This truncated process is separate to the process for assessing visits, and is set out in the Risk Assessment for Mainstream Placement of Women Restricted Access Prisoners form and section 14 of this Commissioner’s Requirement. 2 REQUIREMENT 2.1 The safety and well-being of children is the paramount consideration. 2.2 A child has the right to maintain personal relations and direct contact with its parents on a regular basis, unless it is contrary to the child’s best interests. 2 of 35 Commissioner’s Requirement – Visits by Children to Restricted Access Prisoners COMMISSIONER’S REQUIREMENTS 2.3 Corrections Victoria recognises the

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