Visitor bans
Visitors can be banned from visiting certain prisons or all prisons in Victoria. This comes from section 43 of the Corrections Act 1986 (Vic).
If a visitor is banned, they will be removed from your Valid Visitor List.
When can someone get a visitor ban?
The General Manager of a prison can only ban someone from visiting their prison if they believe the person threatens the security of the prison or safety of a visitor. Their belief must be reasonable.
The Deputy Commissioner of Custodial Operations can only ban someone from visiting any prisons in Victoria if they believe the person threatens the security of prisons or the safety of visitors to prisons. Their belief must be reasonable.
Part 3.04 of the Deputy Commissioners Instructions says that when the General Manager or Deputy Commissioner is deciding whether to make a visitor ban, they must consider:
- The seriousness of the incident
- The circumstances of the incident (for example, whether the person was pressured into doing something like bringing contraband into a prison)
- Any explanation given by the visitor
- The impact of a ban on people who rely on the visitor for contact (for example, if the visitor brings a child, elderly or disabled person to the prison for visits)
Important: Part 3.04 also says a person who is banned from one prison should not automatically be banned from other prisons.
How long can visitor bans last?
The length of a visitor ban will depend on what happened to cause the ban. Part 3.04 of the Deputy Commissioners Instructions has suggested ban lengths for different issues:
3 months | Refusal to submit to a search |
3 months | Abusive towards staff |
3 months | Inappropriate behaviour |
Up to 12 months | Bringing drugs or other banned items into a prison where there was no reasonable chance of it getting to a prisoner (e.g. leaving drugs in a car in the car park) |
12 months | Bringing banned items into the prison gatehouse / lockers |
12 months | Giving false identification when entering the prison |
12 months or indefinitely | Bringing drugs or other banned items into the prison where there was a reasonable chance of it getting to a prisoner |
What can I do about a visitor ban?
Visitors who have been banned can write to the person who imposed the ban (General Manager of the prison or the Deputy Commissioner of Custodial Operations) and ask for their ban to be reconsidered. They should include information about the factors from the Deputy Commissioner’s Instructions that are listed above.
Important: If a visitor has received a ban of 12 months or is banned indefinitely, the ban must be automatically reviewed at least every 12 months. A person can write to the General Manager or Deputy Commissioner and ask for reconsideration before the automatic review date.