The Law Handbook 2024

220 SECTION 3: Fines, infringements and criminal law Regulations ’). The Corrections Regulations provide practical content to the Corrections Act. For example, section 31 of the Corrections Act provides for circumstances where permission may be granted for a child to live with a parent in a prison. Regulations 34 to 38 of the Corrections Regulations sets out the practical matters such as decisions on the placement of children, reporting and recording decisions, and restrictions on children. Charter of Human Rights and Responsibilities The Charter of Human Rights and Responsibilities Act 2006 (Vic) (‘ Human Rights Charter ’) creates an obligation for public authorities to give proper consideration to human rights and act in a way that is compatible with human rights. As a public authority, Corrections Victoria is subject to the operation of the Human Rights Charter. The Human Rights Charter provides a framework for ensuring that legislation, regulations, policies, procedures and decisions are compatible with human rights. Correctional Standards There are a number of state, national and international standards that provide a framework for goals, outcomes and minimum requirements for the treatment of people in prison. The standards can be accessed at www.corrections.vic.gov.au/standards-for- prisoners-and-offenders . The Victorian Correctional Standards for Men’s Prisons and Correctional Management Standards for Women’s Prisons set out the minimum requirements for Corrections services in prisons in Victoria. These standards provide a basis for accountability across the public and private prisons in the state. Commissioner’s Requirements Commissioners Requirements set out the high-level requirements for the operation of prisons. They provide correctional staff with operational guidance and seek to ensure consistency of practice across both public and private prisons. The Commissioner’s Requirements encompass five areas: • security and control • prisoner management • programs and industries • prisoner services • healthcare services Deputy Commissioner’s Instructions The Corrections Regulations, Standards and Commissioner’s Requirements are operationalised and given effect through Deputy Commissioner’s Instructions (‘ DCIs ’). DCIs only apply to public prisons and can be accessed via the Corrections Victoria Website. Some DCIs, particularly those relating to prison security are restricted to the public. DCIs outline the policy and procedure for managing specific events or issues within a prison and can be a useful document when understanding processes expected to be taken by prison staff and whether proper processes have been followed. Human rights and limited remedies Human Rights Charter The Charter of Human Rights and Responsibilities Act 2006 (Vic) (‘ Human Rights Charter ’) is Victoria’s core human rights document and forms part of the state’s human rights framework which includes other laws like the Equal Opportunity Act 2010 (Vic). The Human Rights Charter has been operative in Victoria since 1 January 2008 and places obligations on the Victorian Parliament; on courts and tribunals and on public authorities. Pursuant to section 38(1) of the Human Rights Charter, Victorian public authorities, including Corrections Victoria, are required to: • properly consider human rights when making laws, developing policies, delivering services and making decisions; and • act compatibly with human rights. The Human Rights Charter protects twenty fundamental human rights. The rights most directly relevant to people in prison are: • protection from torture and cruel, inhuman or degrading treatment; and • humane treatment when deprived of liberty. A number of other rights in the Human Rights Charter may also apply to people in prison and include: