Review Announcement: Compliance with section 46A of the Prisons Act 1981

This month the Office of the Inspector of Custodial Services will be commencing a review of the policies guiding operations undertaken following suspected transfer of bodily fluids from prisoner to prison officer.

Enacted in 2020, section 46A of the Prisons Act 1981 allows for access of prisoner medical records and taking of prisoner body samples where a prison officer reasonably suspects that they have been exposed to infectious bodily fluids. As required by section 46B of the same act, the Office of the Inspector of Custodial Services is reviewing how effectively these granted powers are being used and regulated, ensuring that health information is protected, ethical standards are upheld, and practices remain safe, appropriate, and compliant.

A report is expected to be provided to the Minister of Corrective Services in October, for tabling with Parliament by December 2026.