P.10 Property disposal

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These procedures guide the general manager custodial and prison staff in the destruction and disposal of prisoner property, and requirements for its removal from prison.

Property disposal criteria

The general manager custodial may direct the destruction or disposal of prisoner property if:

  1. the prisoner refuses to sign an acknowledgement that the liability of the Crown for any loss of, or damage to, an item of stored property is limited to a maximum of $400
  2. the prisoner refuses to sign a [P.01.Form.04 Acknowledgment of responsibility for property]
  3. the general manager custodial has directed the prisoner to arrange removal of an item, and this has not been done in the specified time
  4. the prisoner's property has been seized and ordered to be forfeit and destroyed in relation to an offence proved at a disciplinary hearing by either a Visiting Justice or hearing adjudicator.

P.10.01 Removal of prisoner property

  1. Prison staff must complete [Section A of the P.10.Form.01 Request for property to be removed from prison] and forward it to the general manager custodial to consider.
  2. On receipt of the form, the general manager custodial must complete section B.
  3. The prisoner has the right to refer this decision to the deputy commissioner.
    This referral to the deputy commissioner must be made within 14 days of the general manager custodial's decision.
  4. On receipt of the form, the deputy commissioner must complete section C.
  5. A residential manager who directs the prisoner to arrange the removal of property items must provide a copy of the completed form to the prisoner.
  6. The prisoner must be advised that the cost to remove the property items will be at the prisoner’s expense.

P.10.02 Property destruction

  1. Prisoner property will be destroyed if:
    1. the prisoner has failed to arrange the removal of the property as directed by the residential manager within the 28 days specified
    2. the property is not claimed (and three months has elapsed since the property was deemed to be unclaimed), and
    3. if the property item was directed to be forfeited by a Visiting Justice or hearing adjudicator, the item will be destroyed as soon as reasonably practicable in a manner approved by the general manager custodial.
  2. The unit PCO must approve the method of destruction or disposal. The following are approved disposal processes for prisoner property:
    1. cell phones are to be disposed of in accordance with [P.10.Res.01 Disposal of cell-phones]
    2. all other property items are to be disposed of in accordance with [P.10.Res.02 Approved prisoner property disposal methods], including:
      1. destroying prisoner property
      2. retaining the property as prison issue (e.g. clothing and shoes)
      3. donating prisoner property to registered charities.
  3. Any destruction of a prisoner’s property must be carried out in the prisoner’s presence unless destruction in his or her presence is dangerous or impractical or the prisoner cannot be identified or located.
  4. The destruction of a prisoner's property is to be recorded on the Integrated Offender Management System (IOMS).