COMMISSIONER’S REQUIREMENTS
Prison Libraries and Prisoner Access to Legal Resources
Section
CR Number
4. Prisoner Services
4.2.3
Legislation & Policy
Standard
Attachments
Forms
1
Current Issue Date
August 2014
Corrections Act 1986
Charter of Human Rights and Responsibilities Act 2006
Prisoner Administration Services
Legal Resources to be made available at Prison Library Locations
in Victoria
Prisoner Request for Legal Resource
PURPOSE
To define the procedures to provide prisoners in Victoria with:
2

opportunities to access books and materials through prison libraries; and

legal resources for the preparation and conduct of any ongoing or likely civil or criminal
legal proceedings.
REQUIREMENT
General Managers will:
3

develop processes to audit books and materials available to prisoners through prison
libraries to ensure that the books and materials are appropriate to the prison
population; and

establish processes to ensure that prisoners have access to legal resources in defined
circumstances.
GUIDING PRINCIPLE
Section 25 of the Charter of Human Rights and Responsibilities Act 2006 provides that a
person charged with a criminal offence is entitled without discrimination to have adequate
time and facilities to prepare his or her defence.
4
CONTEXT
Prisoners are to be able to access prison libraries and resources in preparation for civil or
criminal legal proceedings, as well as for education or recreational needs.
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Commissioner’s Requirement - Prison Libraries and Prisoner Access to Legal Resources
COMMISSIONER’S REQUIREMENTS
5
INSTRUCTION
5.1
Library books and materials deemed to be inappropriate
5.1.1
General Managers may prohibit access to books and materials, which are deemed
inappropriate. Consultation on the appropriateness of such books or materials may take
place with Corrections Victoria units including the Operations Division, the Sex Offender
Management Branch, the Sentence Management Branch and the Security and Intelligence
Division.
5.1.2
Books which may be prohibited include those which:

glorify crime or criminals; or

are principally concerned with criminal activities, violence or drug use; or

contain images of children where such books can be accessed by child sex offenders.
5.1.3
Hard covered books are not permitted in high security units unless General Manager
approval is provided and appropriate security measures are in place.
5.2
Legal Resources
5.2.1
Prisoners with ongoing or anticipated criminal or civil legal proceedings are encouraged to
seek the assistance of professional legal counsel. Where a prisoner declines the
assistance of professional legal counsel, Corrections Victoria will assist as far as is
practicable to ensure that the prisoner has sufficient access to legal resources.
5.2.2
All libraries at maximum and medium security prison locations in Victoria shall maintain a
standard set of recommended legal texts. Refer to the attachment Legal Resources to be
made available at Prison Library Locations in Victoria. Public prisons shall share these
resources with minimum security prisons as required.
5.2.3
The Melbourne Remand Centre (MRC) maintains a substantial legal resource in excess of
the listed legal texts, a full list of the MRC resources should be made available at all
Victorian prison library locations and Prisoners may make formal application for specific
texts from the MRC (refer to Prisoner Request for Legal Resource).
5.2.4
In the event that a prisoner makes request for a specific legal resource reasonably related
to their legal matters that is not available at their local prison library, arrangements may be
made for the resource to be provided from the MRC or another location, with a photocopy
of the relevant part of the resource provided. Charges to prisoners for loans or photocopy
services are not to exceed what a prisoner might reasonably be capable of paying having
regard to their prison income.
5.2.5
General Managers will establish a process and appoint responsible staff to manage access
to prison library legal resources.
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Commissioner’s Requirement - Prison Libraries and Prisoner Access to Legal Resources
COMMISSIONER’S REQUIREMENTS
Jan Shuard PSM
Commissioner
Information below this point is administrative supporting detail
only and not subject to Commissioner’s review or approval.
Acronyms
MRC
Metropolitan Remand Centre
Definitions
Nil
Associated Commissioner’s Requirements
Nil
Document Detail
Title:
Prison Libraries and Prisoner Access to Legal Resources
Owner
Manager, Operations Directorate
Version Control
Version
Date
Description
V4
Aug-14
Update
V3
May-12
Update
V2
May-09
Update
V1
Aug-08
First Issue
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Commissioner’s Requirement - Prison Libraries and Prisoner Access to Legal Resources
COMMISSIONER’S REQUIREMENTS
List of Legal Resources to be made available at each Prison Library Location in Victoria
1.
Nash, G. & Bagaric, M. 2007, “Butterworths Annotated Acts: Criminal Legislation Victoria
2007”, LexisNexis Butterworths
2.
Ross, David, 2007, “Ross on Crime”, Thomson Legal & Regulatory/Law Book Co
3.
Arenson, K. J. & Bagaric, M. 2007, “Rules of Evidence in Australia: Text and Cases”,
LexisNexis Butterworths
4.
Cameron, C., Henning, T, & Hunter, J. 2005 “Litigation II: Evidence and Criminal Process”,
LexisNexis
5.
McKenzie, Fiona L., 2006, “Administrative Power and the Law: A succinct Guide to
Administrative Law, Australian Law Practice
6.
Groves, M. & Lee, H.P. 2007, “Australian Administrative Law: Fundamentals, Principles and
Doctrines”, Cambridge University Press
7.
Cairns, Bernard 2007, “Australian Civil Procedure”, Thomson Legal & Regulatory/Law Book
Co
8.
Cameron, C., Henning, T, & Hunter, J. 2005, “Litigation I: Civil Procedure”,LexisNexis
9.
Woodley, M. 2005, “Osborne’s Concise Law Dictionary”, Sweet and Maxwell UK
10.
Nygh, P. & Butt, P. (eds) 1997, “Butterworths Australian Legal Dictionary”, Lexis Nexis
Australia
11.
Trindade, F.A., Cane, P. & Lunney, M. 2007, “Law of Torts in Australia”, Oxford University
Press
12.
Sappideen, C., Vines, P., Grant, H. & Watson, P. 2006, “Torts: Commentary and Materials”,
Thomson Legal & Regulatory/Law Book Co
13.
Pound & Evans, 2008, “An Annotated Guide to the Victorian Charter of Human Rights and
Responsibilities”, Thomson Legal & Regulatory/Law Book Co
14.
Blackshield, A.R. & Williams, G. 2006, “Australian constitutional Law and Theory:
commentary and materials”, Federation Press
15.
2007 “Australian Federal Constitutional Law: Commentary and Materials”, Thomson Legal
& Regulatory/Law Book Co
16.
Bott, B., Cowley, J. & Falconer, L. 2007, “Nemes and Coss Effective Legal Research”,
LexisNexis
17.
Fairfield, P. 2007, “Easy Guide to Australian Law”, 2006, New Holland
18.
Dickey, A. 2006, “Family Law”, Thomson Legal & Regulatory/Law Book Co
19.
Szabo, 2004, “Family Law Practice Handbook”, Leo Cussen Institute
20.
Fitzroy Legal Service, 2008, “Law Handbook”, Fitzroy Legal Service
21.
ANSTAT, Victorian Acts and Regulations on CD-ROM (Monthly Issues)
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Commissioner’s Requirement - Prison Libraries and Prisoner Access to Legal Resources