Queensland Numbered Acts Queensland Numbered ActsChapter 2 , part 2 , division 4 , subdivisions 2 to 4 —
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50 Personal calls(1) A prisoner in a corrective services facility may make personal calls on terms and conditions determined by the chief executive under section 51.(2) A
"personal call" is a call made by a prisoner—(a) to an individual on admission to a corrective services facility; or(b) to an individual approved by the chief executive for the prisoner; or(c) to an entity approved by the chief executive for all prisoners or for a class of prisoners.(3) The chief executive may also allow the prisoner to have a
"personal call" in other circumstances.Example—in the event of a family or other personal emergency(4) A call under subdivision 3 is not a
"personal call" .(5) A personal call is to be made at the expense of the prisoner, except that—(a) the prisoner must be allowed to call an individual on admission to a corrective services facility free of charge; and(b) the chief executive may excuse a prisoner from paying for a call on grounds considered sufficient by the chief executive.
51 Terms and conditions for making personal calls(1) Without limiting the chief executive’s power to determine terms and conditions for personal calls by prisoners in corrective services facilities, the terms and conditions may govern the following matters—(a) when personal calls may be made by prisoners;(b) how personal calls, which may include calls by audio-visual means, may be made by prisoners;(c) the length and frequency of personal calls that may be made by prisoners.(2) The terms and conditions may differentiate between prisoners according to—(a) the security classification, including risk sub-category, of the prisoners; or(b) the special needs of prisoners; or(c) another factor prescribed by regulation for this section.(3) The terms and conditions are to be set out in administrative procedures under section 265.(4) More restrictive terms and conditions may be applied to a prisoner if the chief executive reasonably believes the prisoner is likely to use personal calls to engage in prohibited prisoner communication.(5) For subsection (4), the chief executive may have regard to the following—(a) whether a domestic violence order or notice is, or has ever been, in force against the prisoner;(b) the terms of a domestic violence order or notice or other court order in force against the prisoner;(c) information from a law enforcement agency;(d) the record of the prisoner relating to prohibited prisoner communication and the making of personal calls in contravention of applicable terms and conditions;(e) the nature and seriousness of the prisoner’s criminal history or history of breaching domestic violence orders or notices or other court orders;(f) any other factor the chief executive considers relevant.(6) The terms and conditions must not limit a prisoner to fewer than 7 personal calls in any 7 day period.
52 Refusing and revoking approval of individual for personal call(1) The chief executive must not approve an individual for personal calls by a prisoner, and must revoke the approval of an individual, if the individual informs the chief executive that the individual does not consent, or no longer consents, to the prisoner calling the individual.(2) The chief executive may refuse to approve an individual, and may revoke the approval of an individual, for personal calls by a prisoner if the chief executive reasonably believes—(a) the individual is a victim or alleged victim of an offence committed or alleged to have been committed by the prisoner; or(b) the contact details proposed for a personal call to the individual are not correct or are not suitable for a personal call made by a prisoner; or(c) a personal call from a prisoner to the individual has been, or is likely to be, used for a prohibited prisoner communication.(3) The chief executive may suspend the approval of an individual while investigating whether the approval should be revoked under subsection (2).(4) The suspension of an approval of an individual ceases to have effect 6 months after it was imposed if the chief executive has not before then revoked the approval or withdrawn the suspension.(5) Nothing in this section derogates from the power of the chief executive to revoke an approval under the Acts Interpretation Act 1954 , section 24AA.
52A Offence by prisoner relating to diversion of personal call A prisoner must not—(a) make a personal call knowing the call will be diverted to allow the prisoner to contact someone other than an individual approved for personal calls by the prisoner; or(b) intentionally continue with a personal call—(i) the prisoner knows is diverted; or(ii) that allows the prisoner to contact someone other than an individual approved for personal calls by the prisoner; or(c) make a personal call and ask the person called to make a conference call to someone other than an individual approved for personal calls by the prisoner.Penalty—Maximum penalty—6 months imprisonment.
52B Recording or monitoring of personal calls(1) The chief executive may record or monitor a prisoner’s personal calls.(2) The prisoner and the other party to a prisoner’s personal call must be told the communication may be recorded and monitored.(3) If a prisoner’s personal call recorded or monitored under this section reveals information about the commission of an offence, the chief executive must give the information to the relevant law enforcement agency.
52C Power to end personal calls The chief executive may end a prisoner’s personal call if the chief executive reasonably believes—(a) there has been a contravention of the terms and conditions applicable to the call under section 51; or(b) the call is being, or has been, used to engage in prohibited prisoner communication.
52D Communication with lawyer(1) A prisoner in a corrective services facility is authorised to communicate by phone or other approved means with the prisoner’s lawyer, subject to confirmation of the identity and appointment of the lawyer.(2) Communication with a prisoner under subsection (1)—(a) takes place in accordance with arrangements approved by the chief executive; and(b) must not be recorded or monitored by the chief executive.
52E Other authorised prisoner communications(1) A prisoner in a corrective services facility may communicate with the following—(a) an officer of a law enforcement agency;(b) the parole board;(c) the ombudsman;(d) the inspector of detention services.(2) Communication with a prisoner under subsection (1)—(a) takes place in accordance with arrangements approved by the chief executive; and(b) must not be recorded or monitored by the chief executive.