Crimes (Administration of Sentences) Act 1999 Crimes (Administration of Sentences) Amendment Regulation 2000 (2000-641) [GG No 146 of 10.11.2000, p 11590] (NSW)

2000 No 641

Crimes (Administration of Sentences) New South Wales

Amendment Regulation 2000

under the

Crimes (Administration of Sentences) Act 1999

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Crimes (Administration of Sentences) Act 1999.

BOB DEBUS, M.P.,

Minister for Corrective Services

Explanatory note
The objects of this Regulation are:

(a)

to amend the Crimes (Administration of Sentences) (Correctional Centre Administration) Regulation 1995 so as:

(i)	to make provision for the oath or affirmation of office as a correctional officer, and
(ii)	to make provision with respect to the awards that may be made to correctional officers, and

(b)

to amend the Crimes (Administration of Sentences) (Periodic Detention, Home Detention, Community Service Work and Parole) Regulation 1995 so as to apply to periodic detainees under Part 3 of the Crimes (Administration of Sentences) Act 1999 certain provisions that apply to inmates under Part 2 of that Act.

This Regulation is made under the Crimes (Administration of Sentences) Act 1999, including section 271 (the general power to make regulations) and sections 98 and 236.

Published in Gazette No 146 of 10 November 2000, page 11590	Page 1
[8]
2000 No 641
Clause 1	Crimes (Administration of Sentences) Amendment Regulation 2000

Crimes (Administration of Sentences) Amendment
Regulation 2000

1     Name of Regulation

This Regulation is the Crimes (Administration of Sentences)
Amendment Regulation 2000.

2 Amendment of Crimes (Administration of Sentences) (Correctional Centre Administration) Regulation 1995

The Crimes (Administration of Sentences) (Correctional Centre Administration) Regulation 1995 is amended as set out in Schedule 1.

3 Amendment of Crimes (Administration of Sentences) (Periodic Detention, Home Detention, Community Service Work and Parole) Regulation 1995

The Crimes (Administration of Sentences) (Periodic Detention, Home Detention, Community Service Work and Parole) Regulation 1995 is amended as set out in Schedule 2.

4 Notes

The explanatory note does not form part of this Regulation.

2000 No 641

Crimes (Administration of Sentences) Amendment Regulation 2000

Amendment of Crimes (Administration of Sentences) (Correctional Centre	Schedule 1
Administration) Regulation 1995
Schedule 1	Amendment of Crimes (Administration of Sentences) (Correctional Centre Administration) Regulation 1995

(Clause 2)

[1]     Clause 51

Insert before clause 52:

51     Oath or affirmation of office

(1)

For the purposes of section 236 of the Act, the form for the oath of office as a correctional officer is as follows: I, (name of person making oath), do swear that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second as a correctional officer without fear or favour, malice or ill-will until I am legally discharged, and that while I continue to be a correctional officer I will to the best of my skill and knowledge discharge all my duties faithfully according to law. So help me God.

(2)

For the purposes of section 236 of the Act, the form for the affirmation of office as a correctional officer is as follows: I, (name of person making affirmation), do solemnly, sincerely and truly declare and affirm that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second as a correctional officer without fear or favour, malice or ill-will until I am legally discharged, and that while I continue to be a correctional officer I will to the best of my skill and knowledge discharge all my duties faithfully according to law.

[2]     Schedule 1 Awards

Omit “bravery,” from the matter relating to the Exemplary Conduct Cross.

2000 No 641

Crimes (Administration of Sentences) Amendment Regulation 2000

Schedule 1 Amendment of Crimes (Administration of Sentences) (Correctional Centre
Administration) Regulation 1995

[3]     Schedule 1

Insert after the matter relating to the Bravery Medal:

Commendation for Brave Conduct

A Commendation for Brave Conduct (comprising a royal blue ribbon, with white, royal blue and dark blue edging, to which is attached a bronze lion’s head) may be awarded for an act of bravery.

[4]     Schedule 1

Insert after the matter relating to the Exemplary Conduct Cross:

Unit Citation

A Unit Citation (comprising a dark blue ribbon, with a white central band, set in a gilt metal frame) may be awarded to the members of a unit that has performed outstanding service.

2000 No 641

Crimes (Administration of Sentences) Amendment Regulation 2000

Amendment of Crimes (Administration of Sentences) (Periodic Detention,	Schedule 2
Home Detention, Community Service Work and Parole) Regulation 1995
Schedule 2	Amendment of Crimes (Administration of Sentences) (Periodic Detention, Home Detention, Community Service Work and Parole) Regulation 1995

(Clause 3)

Clause 22 Adoption of other regulations

Omit the clause. Insert instead:

22 Application of Part 2 of the Act and of regulations under Part 2 of the Act

(1) For the purposes of section 98 (2) of the Act, the following provisions of Part 2 of the Act apply to periodic detainees in the same way as they apply to inmates:

(a)	sections 5, 6, 7 and 72–78,
(b)	Divisions 2, 3 and 6.

(2) The following provisions of the Crimes Administration of Sentences) (Correctional Centre Routine) Regulation 1995 apply to periodic detainees in the same way as they apply to inmates, namely, clauses 43, 44, 46, 144, 147, 149, 150 and 151.

(3) The other provisions of this Regulation prevail to the extent of any inconsistency between them and the provisions applied by subclauses (1) and (2).

BY AUTHORITY