Administration of Sentences - NSW Ombudsman - NSW Government

It is important to note that there are a range of
motivations that lead people to introduce
prohibited items into a correctional facility. For
example some people may wish to provide
unauthorised goods to an inmate relative or
friend as a favour, or to make life easier for
them during their time in custody. Others
may provide unauthorised items to an inmate
relative or friend because the inmate has
threatened harm (to him or herself or others)
if the goods are not produced. In addition,
some people may be convinced to introduce
prohibited items to an inmate because they
believe the inmate will be harmed by other
inmates, if the goods are not produced.
There is no doubt that some people make a
decision to traffic contraband into a facility
because payment is promised as a result, and
that others bring prohibited items into a
correctional facility inadvertently. People in the
latter category may not know that a particular
item they are carrying is prohibited within a place
of detention, or may forget to remove a
prohibited item from their person or property
before entering the facility.
3.4. Australian laws banning certain items from places of detention
NSW is not alone in its challenge of preventing the entry of unauthorised items into correctional facilities. Each
state and territory in Australia has put in place laws to prohibit certain articles from entering institutions, although
each approach is slightly different. In some jurisdictions it is an offence to bring only certain specified items into a
correctional facility (or to provide inmates with such items). In others, there is less specificity about the particular items
that are prohibited, and a broader approach prohibiting all items that might threaten the good order and security of an
institution. In some jurisdictions, including NSW, a mixture of these two approaches is utilised. Below is a summary of
the legislative approach taken in each jurisdiction.
3.4.1. Victoria
The Corrections Act 1986 (Vic), states ‘A person who without being authorised to do so by this Act or the regulations …
takes or sends or attempts to take or send anything into or out of a prison - is guilty of an offence.’ 59 The penalty for this
offence is 2 years imprisonment. The Corrections Regulation 1998 (Vic) defines unauthorised items as all articles and
substances, except those that the Act or Regulation or the Secretary has permitted to be brought into a correctional
facility, or to be possessed by a prisoner. 60
The Victorian Department of Justice provided us with an excerpt of the Corrections Victoria Operating Procedures in
relation to contraband. This states:
Unauthorised articles include weapons, explosive devices, flammable liquids, drugs, alcohol, currency, tools,
equipment which may aid an escape effort, materials used for tattooing, restricted publications and audio-visual
material, any article not issued to the prisoner. 61
3.4.2. Queensland
Figure 1. Photo of mobile phone secreted in shoe
Source: Photo provided by DCS, June 2005.
Section 96 of the Corrective Services Act 2000 (QLD) states that it is an offence for a person to take, or attempt to
take a prohibited thing into a corrective services facility, or to a prisoner; or to cause, or attempt to cause, a prohibited
thing to be taken to such a facility or prisoner. The maximum penalty is 100 penalty units or 2 years imprisonment.
A person does not commit such an offence if the relevant act was done with the approval of the chief executive or a
proper officer of the court.
NSW Ombudsman
Review of the Crimes (Administration of Sentences) Amendment Act 2002 and Summary Offences Amendment (Places of Detention) Act 2002 21