Commissioner S Requirements s2

COMMISSIONER’S REQUIREMENTS

Prisoner Access to Videotapes, DVDs and Pay TV

Section 4. Prisoner Services CR Number 4.2.4 Current Issue Date August 2014 Corrections Act 1986 Classification (Publications, Films and Computer) Act 1995 Legislation & Policy Copyright Act 1968 National Classification Code Programs and Reintegration Services – Fitness, Sport and Standard Recreation Attachments Nil

Forms Nil

1 PURPOSE

To define the procedures to control prisoner access to videotapes, DVDs and Pay TV to ensure that prisons comply with Copyright legislation and Corrections Victoria’s standards relating to appropriate content of electronic material.

2 REQUIREMENT

2.1 In the event it may be demonstrated that the contents of material available to prisoners is unlikely to impact adversely on the prisoner’s sentence plan or rehabilitative needs, access to videotapes, DVDs or Pay TV may be provided.

2.2 Prisons must comply with legal obligations associated with copyright legislation when screening videotapes or DVDs to prisoners that have been hired or purchased.

3 CONTEXT

Corrections Victoria recognises the benefits in providing prisoners with a range of activities as part of the structured day, which includes access to passive recreational activities such as electronic media.

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4 INSTRUCTION

4.1 Access to Videotapes, DVDs and Pay TV

4.1.1 Videotapes, DVDs and Pay TV relate to images, text or any audiovisual items, which are available within the prison setting.

4.1.2 The only publications or audio-visual material which prisoners may have in their possession or as part of their personal property are those which are generally available from authorised newsagents, book shops, video stores and other outlets; that is, the unrestricted classification of material pursuant to the Classification (Publications, Films and Computer) Act 1995, and the National Classification Code.

4.1.3 Under the code publications, films and games are classified as such:

Audio/Visual Games Publications Category Description Category Description

Unrestricted G General G General

Category 1 Parental Parental PG PG Restricted Guidance Guidance Category 2 M Mature M Mature Restricted RC (Refused Mature Mature MA 15+ MA 15+ Classification) Accompanied Accompanied Refused R 18+ Restricted RC Classification

X 18+ Restricted

Refused RC Classification

4.1.4 The SESG may be requested to conduct regular random and targeted audits of prisoners’ computers to ensure compliance with this Requirement. In accordance with Commissioner’s Requirement – Prisoner Property.

4.1.5 Any material which contains full nudity whilst still compliant with the above classification standards is also restricted, although for the purpose of this instruction, General Managers are not responsible for those images displayed on free to air television.

4.1.6 No R or X-rated videotapes or DVDs may be viewed in prisons. M and MA rated videotapes or DVDs may be viewed, providing they do not contain high levels of violence, sexual content or full nudity.

4.1.7 Prisons are not expected to view all videotapes or DVDs screened for prisoners, however reasonable steps must be taken to make a determination regarding the appropriateness of the content via examination of the title, synopsis, and information normally available to the public (i.e. television and newspaper reviews).

4.1.8 It is acknowledged that there may be occasions where compliance with the policy is beyond control of General Managers, for example, the content is not consistent with the title or synopsis. In the event it is established that videotapes or DVDs contain inappropriate content, screening of such material is to be ceased immediately.

4.1.9 First release (movies yet to be released to the general public) videotapes or DVDs must not be shown in prisons.

4.1.10 Prisons are not permitted to collect videotapes and DVDs or create libraries unless the videotapes and DVDs are stored for the purposes of education or prison programs and comply with this Requirement. In these instances, and where children’s videotapes or DVDs are shown in the visit centre, and/or stored by mothers with children in custody, General Managers must ensure that a register is created and maintained to record details including, the title, date, and reason for use.

4.1.11 In the event Pay TV is available in prison, the number of channels must be restricted to four, one of which must be a documentary and/or educational channel. Program classification must not exceed the MA rating.

4.1.12 Pay TV must be an alternative to videotapes and DVDs and prisons cannot screen both Pay TV and videotapes/DVDs unless exceptional circumstances exist and is approved by the Deputy Commissioner, Operations.

4.1.13 Exceptional circumstances may include transmission problems experienced by the prison, or where special events have been organised and approved by the General Manager, in consultation with the Deputy Commissioner, Operations.

4.2 Sex Offenders

4.2.1 In accordance with Commissioner’s Requirement – Prisoner Property, General Managers are responsible for taking steps to ensure prisoners charged with sex offences do not have access to audiovisual material likely to lead to deviant sexual arousal and/or containing scenes of rape or sexual violence.

4.2.2 Where practicable1, child sex offenders must be restricted from viewing videotapes, DVD’s or Pay TV which feature children’s images or those that are targeted at child audiences. The General Manager may contact the Sex Offender Management Branch where concerns exist.

4.3 Copyright

4.3.1 Prisons are not in breach of the Copyright Act, 1968 (Cth) for screening videotapes or DVDs, provided they notify the copyright owners (such as major distributors) that the videotapes or DVDs are to be screened in a prison.

4.3.2 The hiring of videotapes or DVDs from local video hire shops is not permitted. Prisons must hire through major distributors such as ‘Village Roadshow’ or ‘Amalgamated Movies’.

4.3.3 Recording of any images, text or auditory material from videotapes, DVDs or Pay TV for further use is prohibited.

1 This acknowledges that it may not be practicable to limit the viewing of certain shows on free-to-air TV after lock-up, but does anticipate that the watching of children’s TV shows during unlock hours will be monitored. These limitations do not extend to TV shows where there may be incidental images of children

4.4 Exemption for videotapes and DVDs used in Therapeutic Programs

4.4.1 In some instances, videotape or DVD materials classified R may be recommended for use in therapeutic programs delivered in prisons by Offending Behaviour Programs (OBP) contractors such as program providers. OBP are permitted to show such materials in prisons provided they are shown under the supervision of OBP staff, to prisoners participating in a therapeutic program.

4.4.2 Requests to purchase or hire videotapes or DVDs classified R for use in therapeutic programs must be forwarded to the General Manager, OBP Corrections Victoria. OBP must investigate the suitability of the material, and if approved, arrange for the purchase or hire of the materials from an authorised distributor.

4.4.3 OBP staff must ensure that such material is kept secure at all times and is not made available to the general prisoner population. OBP staff must maintain a register which records the storage of any approved videotapes or DVDs, and when such material is screened to prisoners.

Jan Shuard PSM Commissioner

Information below this point is administrative supporting detail only and not subject to Commissioner’s review or approval.

Acronyms OBP Offending Behaviour Programs SESG Security and Emergency Services Group

Definitions Nil

Associated Commissioner’s Requirements 2.1.1 - Prisoner Property

Document Detail Title: Prisoner Access to Videotapes, DVDs and Pay TV Owner: Manager, Operations Directorate

Version Control Version Date Description V2 Aug-14 Update V1 Apr-11 First Issue

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