Crimes (Administration of Sentences) Act 1999 (NSW)

Does not include amendments by—

Government Sector Finance Legislation (Repeal and Amendment) Act 2018 No 70 (not commenced)

Medicines, Poisons and Therapeutic Goods Act 2022 No 73 (not commenced)

Inspector of Custodial Services Amendment Act 2025 No 7, Sch 2[1] [2] and [4] (not commenced)

Local Court and Bail Legislation Amendment Act 2025 No 61, Sch 2.24 (not commenced)

Victims Rights and Victims of Crime Commissioner Act 2025 No 64 (not commenced)

whole Act (except sch 5): Am 2004 No 94, Sch 1 [1] (“Parole Board” and “Parole Board’s” omitted wherever occurring, “Parole Authority” and “Parole Authority’s” inserted instead, respectively); 2006 No 81, Sch 1 [1] (“governor”, “governors”, “governor’s” and “Governors” omitted wherever occurring, “general manager”, “general managers”, “general manager’s” and “General managers” inserted instead, respectively).

whole Act (except s 3 (1)): Am 2016 No 47, Sch 1 [3] (“probation and parole officer” and “probation and parole officers” omitted wherever occurring, “community corrections officer” and “community corrections officers”, inserted instead, respectively).

whole Act (except s 3 (1) and sch 5): Am 2016 No 47, Sch 1 [1] (“general manager”, “general managers” and “general manager’s” omitted wherever occurring, “governor”, “governors” and “governor’s” inserted instead, respectively) [2] (“the Probation and Parole Service” and “The Probation and Parole Service” omitted wherever occurring, “Community Corrections” inserted instead).

whole Act (except ss 3 (1) (definition of “law enforcement agency”), 78 (3), 128A (2) (b), 193 (3) and (4) and 252A (1) and sch 5): Am 2009 No 96, Sch 5 [1] (“the Department” omitted wherever occurring, “Corrective Services NSW” inserted instead.

An Act to consolidate and amend the law with respect to the administration of certain sentences; and for other purposes.

Part 1PreliminaryIntroductory note.

This Part contains machinery provisions, including a statement of the objects of the Act and a provision that defines various words and expressions that are used in the Act.

pt 1, introductory note: Ins 2008 No 17, Sch 1 [1].

1Name of Act

This Act is the Crimes (Administration of Sentences) Act 1999.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

2AObjects of Act(1)

This Act has the following objects—

(a)
to ensure that those offenders who are required to be held in custody are removed from the general community and placed in a safe, secure and humane environment,
(b)
to ensure that other offenders are kept under supervision in a safe, secure and humane manner,
(c)
to ensure that the safety of persons having the custody or supervision of offenders is not endangered,
(d)
to provide for the rehabilitation of offenders with a view to their reintegration into the general community.

(2)

In the pursuit of these objects, due regard must be had to the interests of victims of the offences committed by offenders.

(3)

Nothing in this section gives rise to any civil cause of action or can be taken into account in any civil proceedings.

s 2A: Ins 2008 No 17, Sch 1 [2].

3Interpretation(1)

In this Act—

audio link means facilities (including telephone) that enable audio communication between persons at different places.

audio visual link means facilities (including closed-circuit television) that enable audio and visual communication between persons at different places.

Chief Executive, Justice Health means the person for the time being holding office or acting as the chief executive of the Justice Health and Forensic Mental Health Network under the Health Services Act 1997.

Commissioner means the Commissioner of Corrective Services, Department of Justice.

Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth.

Commonwealth post sentence terrorism inmate means an inmate of a kind referred to in section 4 (1) (c3).

community correction order means an order in force under section 8 of the Crimes (Sentencing Procedure) Act 1999 or section 79 of the Fines Act 1996.

Community Corrections means the Community Corrections Division, Department of Justice.

community corrections officer means a person who is employed within Corrective Services NSW as a community corrections officer, as referred to in section 231.

community service work means a service or activity, which may include participation in personal development, educational or other programs, that is—

(a)
approved by the Minister by order and published in the Gazette, and
(b)
published on a website administered by Corrective Services NSW.

compulsory drug treatment detention means detention in accordance with Part 4A.

compulsory drug treatment order means an order in force under section 18C of the Drug Court Act 1998.

conditional release order means an order in force under section 9 of the Crimes (Sentencing Procedure) Act 1999.

convicted inmate means a person referred to in section 4 (1) (a), (c), (c1), (d1) or (d2).

correctional centre means—

(a)
any premises declared to be a correctional centre by a proclamation in force under section 225, including any juvenile correctional centre declared under section 225A, and
(b)
any police station or court cell complex in which an offender is held in custody in accordance with this or any other Act.

correctional complex means any premises declared to be a correctional complex by virtue of a proclamation in force under section 224.

correctional officer means a person who is employed within Corrective Services NSW as a correctional officer, as referred to in section 231.

Corrective Services NSW means that part of the Department of Justice comprising the group of staff who are principally involved in the administration of this Act.

correspondence, for Part 2—see section 4A.

court means—

(a)
the Supreme Court, the Court of Criminal Appeal, the Land and Environment Court, the Industrial Relations Commission, the District Court or the Local Court, or
(b)
any other court that, or person who, exercises criminal jurisdiction,

but, subject to the Children (Criminal Proceedings) Act 1987, does not include the Children’s Court or any other court that, or person who, exercises the jurisdiction of the Children’s Court.

departmental officer means a Public Service employee, other than a correctional officer, employed in Corrective Services NSW.

directions, for Part 2, Division 7A—see section 71A.

drug means—

(a)
a prohibited drug or prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985, or
(b)
any other substance declared by the regulations to be a drug for the purposes of this Act.

Drug Court means the Drug Court of New South Wales constituted under the Drug Court Act 1998.

exercise a function includes perform a duty.

full-time detention means detention in a correctional centre.

function includes a power, authority or duty.

governor, in relation to a correctional centre, means the governor of the correctional centre and includes any person who is for the time being in charge of the correctional centre or any person (however described) who is authorised by the Commissioner to be in charge of the correctional centre.

inmate means a person to whom Part 2 applies.

intensive correction means intensive correction in the community pursuant to an intensive correction order.

intensive correction order means an order in force under section 7 of the Crimes (Sentencing Procedure) Act 1999.

interstate leave permit means a permit referred to in section 29.

judicially qualified person means—

(a)
any Judge or retired Judge of a New South Wales court or the Federal Court, or
(b)
any Magistrate or retired Magistrate, or
(c)
any person qualified to be appointed as a Judge of a New South Wales court.

Justice Health means the statutory health corporation named the Justice Health and Forensic Mental Health Network constituted under the Health Services Act 1997.

juvenile correctional centre means any correctional centre declared to be a juvenile correctional centre by a proclamation in force under section 225A.

law enforcement agency means any of the following—

(a)
the Police Service, or the police force of another State or a Territory,
(b)
the New South Wales Crime Commission,
(c)
the Australian Federal Police,
(d)
the Australian Crime Commission,
(e)
the Director of Public Prosecutions of New South Wales, of another State or a Territory or of the Commonwealth,
(f)
the Law Enforcement Conduct Commission,
(g)
the Independent Commission Against Corruption,
(h)
the Department of Justice,
(i)
a person or body prescribed by the regulations for the purposes of this definition.

local leave order means an order referred to in section 25.

local leave permit means a permit referred to in section 26.

managed correctional centre means a correctional centre that is for the time being managed under a management agreement.

management agreement means an agreement referred to in section 238.

management company means a corporation with which the Commissioner has entered into a management agreement under which the corporation manages one or more correctional centres.

medical officer, in relation to a correctional centre, means a medical officer appointed for the correctional centre as referred to in section 236C.

mobile phone includes any device that may be used, in whole or in part, for the purpose of sending or receiving voice or other data over a mobile telephone network, whether or not it may be used for any other purpose.

nominated officer, in relation to a correctional centre, means—

(a)
the principal security officer of the centre, or
(b)
the governor of the centre, or
(c)
for a function prescribed by the regulations to be exercised by an nominated officer—a correctional officer or departmental officer nominated to exercise the function by—
- (i)
  the principal security officer of the centre, or
- (ii)
  the governor of the centre, any correctional officer or departmental officer appointed by the principal security officer or by the governor to exercise a function under the regulations as a nominated officer.

non-invasive sample means any of the following samples of human biological material—

(a)
a sample of breath, taken by breath test, breath analysis or otherwise,
(b)
a sample of urine,
(c)
a sample of faeces,
(d)
a sample of saliva taken by buccal swab,
(e)
a sample of nail,
(f)
a sample of hair other than pubic hair,
(g)
a sample of sweat taken by swab or washing from any external part of the body other than—
- (i)
  the genital or anal area or the buttocks, or
- (ii)
  the breasts of a female or a transgender person who identifies as a female.

non-parole period has the same meaning as it has in the Crimes (Sentencing Procedure) Act 1999.

NSW offence means an offence against a law of the State.

NSW post sentence inmate means—

(a)
an inmate of a kind referred to in section 4 (1) (c1), or
(b)
an inmate of a kind referred to in section 4 (1) (c2).

offender, where occurring elsewhere than in Part 3, 4A, 4B, 4C or 5, means a person who is subject to a sentence of imprisonment, and includes an inmate within the meaning of Part 2 and an offender within the meaning of Part 3, 4A, 4B or 4C.

offender submission means a submission made to the Review Council or the Parole Authority, for the purposes of this Act, by an inmate of a correctional centre.

Official Visitor means an Official Visitor appointed under section 228.

Parole Authority means the State Parole Authority constituted by section 183.

parole eligibility date, in relation to an offender, means—

(a)
subject to paragraph (b), the date on which the offender first becomes eligible for release on parole, or
(b)
if the offender is returned to custody while on release on parole or following revocation of parole, the date occurring 12 months after the date on which the offender is so returned.

parole order means an order in force under section 138, 141, 149, 150, 154A, 158, 159 or 160 of this Act.

parole revocation order means an order made under Division 3 of Part 7 revoking a parole order.

principal security officer means the person appointed by the Commissioner to be the principal security officer for the purposes of the regulations.

re-integration home detention order means an order made under section 124D.

residential facility means any premises declared to be a residential facility by a proclamation in force under section 236L.

Review Council means the Serious Offenders Review Council constituted by section 195.

sentence means a sentence of imprisonment.

sentencing court, in relation to an offender undergoing a penalty imposed by a court, means the court by which the penalty was imposed.

serious offender means—

(a)
an offender who is serving a sentence for life, or
(b)
an offender who is serving a sentence for which a non-parole period has been set in accordance with Schedule 1 to the Crimes (Sentencing Procedure) Act 1999, or
(c)
an offender who is serving a sentence (or one of a series of sentences of imprisonment) where the term of the sentence (or the combined terms of all of the sentences in the series) is such that the offender will not become eligible for release from custody, including release on parole, until he or she has spent at least 12 years in custody, or
(d)
an offender who is for the time being required to be managed as a serious offender in accordance with a decision of the sentencing court, the Parole Authority or the Commissioner, or
(e)
an offender who has been convicted of murder and who is subject to a sentence in respect of the conviction, or
(e1)
a Commonwealth post sentence terrorism inmate, or
(e2)
a NSW post sentence inmate, or
(f)
an offender who belongs to a class of persons prescribed by the regulations to be serious offenders for the purposes of this definition.

statutory parole order—see section 158.

submanagement agreement means an agreement referred to in section 239.

submanagement company means a corporation with which a management company has entered into a submanagement agreement under which the corporation manages one or more correctional centres on behalf of the management company.

transitional centre means premises managed or approved by the Commissioner for the purpose of accommodating certain inmates prior to their release from custody.

victim of a serious offender means a person whose name is recorded in the Victims Register as a victim of that offender.

Victims Register means the register kept under Part 16 in which certain victims of offenders are recorded.

victim submission means a submission made to the Review Council or the Parole Authority, for the purposes of this Act, by a victim of a serious offender.

Visiting Magistrate means a Magistrate exercising the functions of a Visiting Magistrate, as referred to in section 227.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2)

In this Act—

(a)
a reference to a sentence to which an offender is subject includes a reference to a sentence that has been imposed but is yet to commence, and
(b)
a reference to the term of a sentence is, if the term is varied under this or any other Act, a reference to the term as so varied, and
(c)
a reference to a non-parole period of a sentence is, if the period is varied under this or any other Act, a reference to the period as so varied, and
(d)
a reference to a court that has sentenced an offender, made an order or given a direction includes a reference to the same court differently constituted, and
(e)
a reference to a condition that a person not commit any offence is a reference to any offence whether committed in New South Wales or in any other State or Territory, and
(f)
a reference to an obligation that a person not commit any offence is a reference to any offence whether committed in New South Wales or in any other State or Territory.

(3)

Notes in the text of this Act do not form part of this Act.

s 3: Am 2000 No 110, Sch 1 [1] [2]; 2001 No 29, Sch 2 [1]; 2001 No 83, Sch 1 [1]; 2001 No 121, Sch 2.73 [1]; 2002 No 74, Sch 1 [1]; 2002 No 79, Sch 1 [1]; 2003 No 13, Sch 1.5; 2004 No 42, Sch 3 [1]–[3]; 2004 No 47, Sch 1 [1]; 2004 No 94, Sch 1 [2]; 2004 No 103, Sch 3 [1] [2]; 2006 No 7, Sch 1 [1]; 2006 No 81, Sch 1 [2] [3]; 2007 No 85, Sch 1 [1] [2]; 2007 No 94, Schs 1.24, 2; 2008 No 17, Sch 1 [3]; 2008 No 108, Sch 1 [1] [2]; 2009 No 96, Sch 5 [2]; 2010 No 48, Sch 2 [1]–[7]; 2015 No 15, Sch 3.16 [1] [2]; 2016 No 47, Sch 1 [4] [5]; 2016 No 61, Sch 6.8; 2017 No 53, Sch 3 [1] [2]; 2017 No 57, Sch 1 [1]; 2017 No 68, Sch 2.6 [1] [2]; 2018 No 25, Sch 1.4 [1]; 2018 No 29, Sch 1.5 [1]; 2018 No 87, Sch 1.9 [1]; 2020 No 5, Sch 1.8[1]; 2020 No 26, Sch 1.5; 2022 No 1, Sch 1[1] [2]; 2022 No 16, Sch 9.1[1]; 2025 No 6, Sch 1[1] (am 2025 No 48, Sch 2.2) [2] [3].

Part 2Imprisonment by way of full-time detentionIntroductory note.

This Part applies to those offenders who have been sentenced to imprisonment by way of full-time detention (referred to as inmates) and to other persons who are required to be held in custody. It deals with the following matters—

(a)
the general obligations of inmates (Division 1),
(b)
the circumstances in which an inmate can be kept in segregated or protective custody (Division 2),
(c)
the circumstances in which an inmate may be transferred to another correctional centre, or to hospital, or given leave of absence (Division 3),
(d)
the management of juvenile inmates (Division 3A),
(e)
the conveyance and detention of prisoners received from the Australian Capital Territory (Division 4),
(f)
the conveyance and detention of prisoners received from Norfolk Island (Division 5),
(g)
the prescription of correctional centre offences, the penalties they attract and the procedure for dealing with both correctional centre offences and other offences (Division 6),
(h)
the procedure to be followed in determining whether a serious offender is to be given a low security classification permitting unescorted leave of absence from a correctional centre (Division 7),
(i)
other miscellaneous matters (Division 8).

pt 2, introductory note: Ins 2008 No 17, Sch 1 [4].

Division 1Preliminary4ADefinition

In this part—

correspondence, in relation to an inmate, means correspondence sent to or from an inmate in the form of a letter, parcel, fax transmission or electronic communication.

s 4A: Ins 2025 No 6, Sch 1[4].

4Application of Part(1)

This Part applies to—

(a)
any person the subject of a warrant under section 62 of the Crimes (Sentencing Procedure) Act 1999 by which a court has committed the person to a correctional centre to serve a sentence or the remainder of a sentence by way of full-time detention, other than a person who is on release on parole, and
(b)
(Repealed)
(c)
any person the subject of a warrant under section 181 of this Act by which the Parole Authority has committed the person to a correctional centre to serve the remainder of a sentence by way of full-time detention, and
(c1)
any person the subject of a warrant under section 20 of the Crimes (High Risk Offenders) Act 2006 by which the Supreme Court has committed the person to a correctional centre pursuant to a continuing detention order, interim detention order or emergency detention order under that Act, and
(c2)
any person the subject of a warrant under section 49 of the Terrorism (High Risk Offenders) Act 2017 by which the Supreme Court has committed the person to a correctional centre pursuant to a continuing detention order, interim detention order or emergency detention order under that Act, and
(c3)
any person the subject of a continuing detention order or interim detention order in force under Division 105A of Part 5.3 of the Commonwealth Criminal Code who, under an arrangement with the State under section 105A.21 of that Code, is detained in a correctional centre, and
(d)
any person the subject of a warrant or order by which a court has committed the person to a correctional centre on remand in connection with proceedings for an offence committed, or alleged to have been committed, by the person, and
(d1)
any person the subject of an order under section 33 (1) (g) of the Children (Criminal Proceedings) Act 1987 by which the Children’s Court has committed the person to the control of the Minister administering this Act, and

(d2)
any person who is the subject of a warrant under section 170 (1) (a) of the Defence Force Discipline Act 1982 of the Commonwealth by which an authorised officer under that Act has committed the person to a correctional centre pursuant to a punishment of imprisonment imposed under that Act, and
(d3)
any person who is a detainee within the meaning of the Migration Act 1958 of the Commonwealth and who is held in a correctional centre as referred to in paragraph (b) (ii) of the definition of immigration detention in section 5 of that Act, and
(e)
any person the subject of a warrant or order by which a court or other competent authority has committed the person to a correctional centre otherwise than as referred to above, and
(f)
any person in custody who is given into the keeping of a correctional officer under section 250, and
(g)
any person whose release from custody has been delayed in accordance with section 8(2)(b) or 8A.

(2)

This Part does not apply to a person who is detained in a correctional centre in accordance with Part 16 of the Law Enforcement (Powers and Responsibilities) Act 2002.

(3)

In this Part, inmate means a person to whom this Part applies.

s 4: Am 2002 No 103, Sch 4.17; 2004 No 94, Sch 1 [3]; 2006 No 7, Sch 1 [2] [3]; 2006 No 58, Sch 1.8 [1]; 2008 No 54, Sch 3.3 [1] [2]; 2008 No 108, Sch 1 [3] [4]; 2013 No 4, Sch 2.6 [1]; 2013 No 82, Sch 2.5; 2014 No 58, Sch 2.1 [1]; 2017 No 68, Sch 2.6 [3]; 2019 No 10, Sch 1.7 [1]; 2022 No 16, Sch 9.1[2] [3]; 2024 No 3, Sch 2[1]; 2025 No 6, Sch 1[5].

5Obligations of inmate

The obligations of an inmate while serving a sentence by way of full-time detention are—

(a)
to comply with such requirements of this Part and the regulations as apply to the inmate, and
(b)
to comply with the requirements of any directions given to the inmate under this Part.

6Work performed by inmates(1)

The governor of a correctional centre may make an order directing any convicted inmate in the correctional centre to carry out such work as the governor considers suitable.

(2)

The governor may direct a convicted inmate, or such classes or groups of convicted inmates as the Commissioner may from time to time determine, to carry out community service work, or any work for Corrective Services NSW or a public or local authority—

(a)
within the correctional centre in which the inmate is imprisoned, or
(b)
within the correctional complex in which the inmate is imprisoned but outside the correctional centre, or
(c)
outside the correctional complex in which the inmate is imprisoned.

(3)

An inmate is not required to carry out work that the inmate is not capable of carrying out.

s 6: Am 2000 No 110, Sch 1 [3] [4]; 2004 No 29, Sch 2.2 [1] [2]; 2008 No 108, Sch 1 [5].

7Payments to inmates(1)

The Commissioner may, out of money provided by Parliament or otherwise legally available, make payments to inmates for any reason (including for work done).

(2)

Payment for work done by inmates of a managed correctional centre may not be made by the management company for the correctional centre otherwise than in accordance with a scheme approved by the Commissioner.

(3)

The payment of an inmate by the Commissioner under this section for work done (whether or not at the direction of the Commissioner) does not constitute employment of, or a contract of service with, the inmate by the Crown or any other person, and accordingly an inmate who undertakes any such paid work is not—

(a)
a worker for the purposes of the Workers Compensation Act 1987, the Workplace Injury Management and Workers Compensation Act 1998, the Annual Holidays Act 1944 or the Long Service Leave Act 1955, or
(b)
an employee (however described) for the purposes of the Industrial Relations Act 1996 or any Act or other law.

(4)

The Commissioner may determine the way in which an inmate is paid, including scales of payments or credit.

(5)

The payment to an inmate may be subject to conditions set by the Commissioner.

s 7: Am 2002 No 79, Sch 1 [2]; 2025 No 6, Sch 1[6].

7ADeductions from remuneration earned by inmates on external work release program(1)

Any remuneration earned by an inmate as a participant in an external work release program is to be paid by the employer to the Commissioner on behalf of the inmate.

(2)

The Commissioner may deduct from such remuneration an amount, calculated in accordance with the directions of the Minister, to contribute towards—

(a)
the costs of administering the external work release program, and
(b)
travel fares and other expenses relating to the inmate’s participation in the external work release program, and
(c)
the costs of the inmate’s imprisonment during the period in which such remuneration is earned.

(3)

The Commissioner must cause a record to be kept of remuneration received and deductions made under this section.

(4)

In this section—

external work release program means a program provided under this Act which enables an eligible inmate to work in paid employment in the community during the inmate’s sentence, in accordance with a local leave permit.

s 7A: Ins 2014 No 6, Sch 1 [1].

8Release from custody(1)

Unless sooner released under a re-integration home detention order or on parole, an inmate who is serving a sentence by way of full-time detention (the current sentence) is to be released from custody on the day the sentence expires, as determined in accordance with Division 1 of Part 4 of the Crimes (Sentencing Procedure) Act 1999 but subject to any variation of the term of that sentence under this or any other Act.

(2)

An inmate may be released from custody—

(a)
at any time on the day the current sentence expires, or
(b)
if the current sentence expires on a day that is not a working day and the inmate requests it—at any time during the next working day.

(2A), (2B)

(Repealed)

(3)

This section does not apply to an inmate who, on the day the current sentence expires, is subject to another sentence that is being served by way of full-time detention—

(a)
where the other sentence commenced before, but will not end until after, the expiry of the current sentence, or
(b)
where the other sentence commences immediately after the expiry of the current sentence.

(4)

In this section—

working day means a day that is not—

(a)
a Saturday or Sunday, or
(b)
a public holiday or a bank holiday.

s 8: Am 2000 No 53, Sch 3.4; 2017 No 57, Sch 1 [2]; 2018 No 87, Sch 1.9 [2]; 2024 No 3, Sch 2[2]–[6].

8ADelayed release from custody(1)

An inmate may be released from custody at any time during the period of 4 days after the inmate’s release date if—

(a)
there is, in the opinion of the Commissioner, a good reason to delay the release, and
Example—
a lack of transport
(b)
the inmate requests or consents to the delay.

(2)

In this section—

release date, in relation to an inmate, means the day on which the inmate is authorised, under this Act or another Act or law, to be released from custody.

s 8A: Ins 2024 No 3, Sch 2[7].

Division 2Segregated and protective custody

pt 2, div 2: Subst 2002 No 79, Sch 1 [3].

9Definitions

In this Division—

protective custody direction means a direction referred to in section 11.

segregated custody direction means a direction referred to in section 10.

suspension direction means a direction referred to in section 20 (1) (a).

s 9: Subst 2002 No 79, Sch 1 [3].

10Segregated custody of inmates(1)

The Commissioner may direct that an inmate be held in segregated custody if of the opinion that such segregation is necessary to secure—

(a)
the personal safety of any other person, or
(b)
the security of a correctional centre, or
(c)
good order and discipline within a correctional centre.

(2)

The governor of a correctional centre may exercise the Commissioner’s functions under this section in relation to the correctional centre and, on each occasion he or she does so, must notify the Commissioner of that fact and of the grounds on which the segregated custody direction was given.

(3)

A segregated custody direction given by the governor of a correctional centre does not apply in relation to any other correctional centre.

(4)

Subsection (3) is subject to section 15.

s 10: Subst 2002 No 79, Sch 1 [3]. Am 2014 No 6, Sch 1 [2].

11Protective custody of inmates(1)

The Commissioner may direct that an inmate be held in protective custody if of the opinion that the association of the inmate with other inmates constitutes or is likely to constitute a threat to the personal safety of the inmate.

(2)

The Commissioner may also direct that an inmate be held in protective custody if the inmate requests the Commissioner in writing to do so.

(3)

(4)

A protective custody direction given by the governor of a correctional centre does not apply in relation to any other correctional centre.

(5)

Subsection (4) is subject to section 15.

ss 11–18: Subst 2002 No 79, Sch 1 [3].

12Effect of segregated or protective custody direction(1)

An inmate subject to a segregated or protective custody direction is to be detained—

(a)
in isolation from all other inmates, or
(b)
in association only with such other inmates as the Commissioner (or the governor of the correctional centre in the exercise of the Commissioner’s functions under section 10 or 11) may determine.

(2)

An inmate who is held in segregated or protective custody—

(a)
is not to suffer any reduction of diet, and
(b)
is not to be deprived of any rights or privileges other than those determined by the Commissioner (or the governor in the exercise of the Commissioner’s functions under section 10 or 11), either generally or in a particular case, and other than those the deprivation of which is necessarily incidental to the holding of the inmate in segregated or protective custody.

ss 11–18: Subst 2002 No 79, Sch 1 [3].

13Form of direction

A segregated or protective custody direction must be in writing and must include the grounds on which it is given.

ss 11–18: Subst 2002 No 79, Sch 1 [3].

14Information concerning review of segregated or protective custody direction

As soon as practicable after an inmate is directed—

(a)
to be held in segregated custody under section 10, or
(b)
to be held in protective custody under section 11 (other than at the inmate’s request),

the governor of the correctional centre is to provide the inmate with information concerning the inmate’s rights to a review of the segregated or protective custody direction.

ss 11–18: Subst 2002 No 79, Sch 1 [3].

15Transfer of inmate held in segregated or protective custody(1)

If an inmate held in segregated or protective custody under a segregated or protective custody direction given by the governor of a correctional centre is transferred to another correctional centre, the segregated or protective custody direction applies—

(a)
in relation to the correctional centre to which the inmate is transferred (the receiving correctional centre), and
(b)
in relation to the conveyance of the inmate to the receiving correctional centre, including custody of the inmate in any correctional centre in which the inmate is held during the course of being conveyed to the receiving correctional centre.

(2)

Within 72 hours after the arrival of the inmate at the receiving correctional centre, the governor of the receiving correctional centre must review the segregated or protective custody direction, having regard to the grounds referred to in section 10 or 11, and give one of the following directions—

(a)
a direction revoking the segregated or protective custody direction,
(b)
a direction confirming the segregated or protective custody direction,
(c)
a direction confirming the segregated or protective custody direction but amending its terms.

(3)

A direction given under subsection (2) has effect according to its terms.

(4)

A segregated or protective custody direction that is subject to a direction under subsection (2) (b) or (c) is, on and after the giving of that direction, taken to be a segregated or protective custody direction given by the governor of the receiving correctional centre.

(5)

A direction by the governor of a receiving correctional centre revoking, confirming or amending a segregated or protective custody direction has effect even though it is given outside the period during which it is required to be given under this section.

ss 11–18: Subst 2002 No 79, Sch 1 [3].

16Review of segregated or protective custody direction by Commissioner(1)

The governor of a correctional centre where an inmate is held in segregated or protective custody must submit a report about the segregated or protective custody direction to the Commissioner within 14 days after the date on which the direction is given (the relevant date), regardless of whether the segregated or protective custody direction was given by the Commissioner or by the governor of a correctional centre.

(2)

Within 7 days after receiving the report, the Commissioner must review the segregated or protective custody direction and give one of the following directions—

(a)
a direction revoking the segregated or protective custody direction,
(b)
a direction confirming the segregated or protective custody direction,
(c)
a direction confirming the segregated or protective custody direction but amending its terms.

(3)

If the direction is confirmed, the governor of the correctional centre where the inmate is held in segregated or protective custody must submit a further report about the direction to the Commissioner within 3 months after the relevant date, and within each subsequent period of 3 months after that period.

(4)

Within 7 days after each occasion on which the Commissioner receives any such further report, the Commissioner must review the segregated or protective custody direction and give one of the directions referred to in subsection (2) (a)–(c).

(5)

The confirmation of a segregated or protective custody direction by the governor of a correctional centre under section 15, or by the Review Council under section 22, does not affect the requirements for reporting about and reviewing a segregated or protective custody direction under this section.

(6)

A direction by the Commissioner revoking, confirming or amending a segregated or protective custody direction has effect even though it is given outside the period during which it is required to be given under this section.

(7)

In this section—

report, in relation to a segregated or protective custody direction, means a report recommending whether or not the segregated or protective custody direction should be revoked, confirmed or amended.

ss 11–18: Subst 2002 No 79, Sch 1 [3].

17Revocation of segregated or protective custody direction(1)

A segregated or protective custody direction remains in force until it is revoked.

(2)

The Commissioner may, at any time, revoke a segregated or protective custody direction or amend its terms.

(3)

The Commissioner must revoke a protective custody direction given at the request of an inmate if the inmate requests the Commissioner in writing to revoke it.

(4)

The governor of a correctional centre may exercise the Commissioner’s functions under this section in relation to the correctional centre.

ss 11–18: Subst 2002 No 79, Sch 1 [3].

18Report to Minister on segregated or protective custody direction(1)

As soon as practicable after confirming a segregated or protective custody direction, the Commissioner must give written notice of that fact to the Minister, giving reasons for the confirmation direction, if—

(a)
the confirmation direction will result in the inmate being subject to a total continuous period of segregated or protective custody exceeding 6 months, or
(b)
the inmate has already been subject to a total continuous period of segregated or protective custody exceeding 6 months.

(2)

This section does not apply to a direction confirming a protective custody direction that was given at the request of an inmate.

ss 11–18: Subst 2002 No 79, Sch 1 [3].

19Review of segregated or protective custody direction by Review Council(1)

An inmate whose total continuous period of segregated or protective custody exceeds 14 days may apply to the Review Council for a review of the segregated or protective custody direction under which the inmate is held in segregated or protective custody.

(2)

The application is to be in writing and is to include the inmate’s reasons for making the application.

(3)

The Review Council must review the direction unless subsection (4) applies.

(4)

The Review Council may refuse to review the direction if—

(a)
the application does not, in the opinion of the Review Council, disclose substantial grounds for a review, or
(b)
the Review Council has previously determined a review of the same direction under this Division and the application does not, in the opinion of the Review Council, disclose substantially different grounds for review.

(5)

The Review Council may not refuse to review a direction under subsection (4) if a period of more than 3 months has elapsed since the Review Council determined a review of the segregated or protective custody direction.

(6)

This section applies regardless of whether the relevant segregated or protective custody direction was given by the Commissioner or by the governor of a correctional centre.

s 19: Am 2000 No 110, Sch 1 [5]. Subst 2002 No 79, Sch 1 [3].

20Suspension directions by Review Council(1)

The Chairperson of the Review Council may give a direction for—

(a)
the suspension of an inmate’s segregated or protective custody direction, or
(b)
the transfer of an inmate to a different correctional centre.

(2)

A suspension direction may be given at any time after an application for a review is made and before it is determined.

(3)

While a suspension direction is in force, the inmate is not to be held in segregated or protective custody unless a new segregated or protective custody direction is given.

(4)

The Chairperson may at any time vary or revoke a suspension direction.

(5)

A suspension direction does not revoke a segregated or protective custody direction.

(6)

A direction for the transfer of an inmate to a different correctional centre may be given—

(a)
if the Chairperson considers that the inmate’s removal would facilitate the review of the segregated or protective custody direction, or
(b)
for any other reason that the Chairperson thinks fit.

(7)

The determination of a review of a segregated or protective custody direction by the Review Council under section 22 revokes any suspension direction applying to the segregated or protective custody direction.

s 20: Subst 2002 No 79, Sch 1 [3].

21Procedure for review of segregated or protective custody direction by Review Council(1)

In determining any matter relating to the segregated or protective custody of an inmate, the Review Council is not bound by the rules of evidence but may inform itself of any matter in such manner as it thinks appropriate.

(2)

The Review Council must cause notice of any hearing in relation to a review to be given to the inmate who applied for the review.

(3)

If the inmate so wishes, the Review Council must allow the inmate to be present, and to be heard, at the hearing.

(4)

The inmate may be represented by an Australian legal practitioner chosen by the inmate or, if the Review Council so approves, by some other person chosen by the inmate.

(5)

The Commissioner or the governor of a correctional centre (or both) may be represented by an Australian legal practitioner or by some other person.

(6)

Division 2 of Part 9 applies to the conduct of a review by the Review Council under this Division.

s 21: Subst 2002 No 79, Sch 1 [3]. Am 2007 No 85, Sch 1 [3].

22Determination of review by Review Council(1)

In reviewing a segregated or protective custody direction, the Review Council must take the following matters into account—

(a)
whether the direction was given or reviewed in accordance with this Division,
(b)
whether the direction was reasonable in the circumstances,
(c)
whether the direction was necessary to secure the personal safety of the inmate or any other person,

(d)
the security of, and the preservation of good order and discipline within, the relevant correctional centre,
(e)
the interests of the public.

(2)

In determining an application for review, the Review Council may revoke, confirm or amend the segregated or protective custody direction to which the application relates.

s 22: Subst 2002 No 79, Sch 1 [3].

Division 3Transfer and leave of absenceSubdivision 1Transfer and leave of absence within New South Wales23Transfers from one correctional centre to another(1)

The Commissioner may order that an inmate be transferred from one correctional centre to another—

(a)
because the correctional centre is being or is about to be repaired, altered, enlarged or rebuilt, or
(b)
because of an outbreak or threatened outbreak in the correctional centre of an infectious disease, or
(c)
because the correctional centre has ceased or is about to cease to be a correctional centre, or
(d)
because the correctional centre is overcrowded, or
(e)
because inmates in the correctional centre need to be separated in compliance with the requirements of the regulations, or
(f)
because of any other reason specified in the order.

(2)

In relation to an inmate who is under the age of 18 years, such an order may not be made on a ground referred to in subsection (1) (d), (e) or (f) so as to transfer the inmate from a juvenile correctional centre to a correctional centre that is not a juvenile correctional centre.

Note.

Such an inmate may only be transferred to such a correctional centre in accordance with section 41C (2).

s 23: Am 2001 No 83, Sch 1 [2]; 2004 No 103, Sch 3 [3].

24Transfers to hospital(1)

The Commissioner may order that an inmate be transferred—

(a)
to a hospital (including a hospital that is or forms part of a correctional centre or correctional complex), or
(b)
to some other place specified in the order,

if of the opinion that it is necessary or desirable for the inmate to receive medical attention there.

(2)

While the inmate is at the hospital or other place, the Commissioner may direct a correctional officer to take charge of the inmate.

(3)

An inmate who is transferred to a hospital may be discharged from the hospital on the certificate of the medical superintendent or other person in charge of the hospital.

(4)

On being discharged from the hospital or other place, the inmate must immediately be returned—

(a)
to the correctional centre from which the inmate was transferred, or
(b)
to such other correctional centre as the Commissioner may direct.

(5)

The Commissioner’s functions under this section may be exercised in relation to a correctional centre by the governor of the correctional centre.

25Local leave orders(1)

The Commissioner may make an order (a local leave order) requiring an inmate to be taken from a correctional centre to any place in the State—

(a)
on such conditions and for such period as may be specified in the order, and
(b)
for such purpose as the Commissioner considers appropriate.

(2)

Without limiting subsection (1) (b), the purposes for which a local leave order may be made include the following—

(a)
enabling an inmate to be interviewed by a police officer, or by an officer of a law enforcement agency, in connection with the commission of an offence in a correctional centre, whether or not the offence was committed or is suspected of having been committed by the inmate,
(b)
enabling an inmate to assist in the administration of justice.

(3)

The conditions to which a local leave order is subject must include such conditions as are required by the regulations to be included in such an order.

(4)

Subject to subsection (3), the Commissioner may, at any time—

(a)
vary or omit any condition of a local leave order, or
(b)
substitute or add new conditions to a local leave order, or
(c)
revoke a local leave order.

26Local leave permits(1)

The Commissioner may issue a permit (a local leave permit) allowing an inmate to be absent from a correctional centre—

(a)
on such conditions and for such period as may be specified in the permit, and
(b)
for such purpose as the Commissioner considers appropriate.

(2)

Without limiting subsection (1) (b), the purposes for which a local leave permit may be issued include the following—

(a)
enabling an inmate to be interviewed by a police officer, or by an officer of a law enforcement agency, in connection with the commission of an offence in a correctional centre, whether or not the offence was committed or is suspected of having been committed by the inmate,
(b)
enabling an inmate to assist in the administration of justice,
(c)
enabling an inmate to attend a funeral service or burial of a member of the inmate’s immediate or extended family,
(d)
enabling an inmate to be present at an occasion of special significance to the inmate’s immediate or extended family,
(e)
enabling an inmate to visit any member of the inmate’s immediate family who is suffering serious illness or disability,
(f)
enabling an inmate to apply for work or attend an interview with an employer or prospective employer,
(g)
enabling an inmate to attend a place of education or training in connection with any course of education or training,
(h)
enabling an inmate to engage in employment specified in the permit,
(i)
enabling an inmate to have weekend leave,
(j)
enabling an inmate to reside at a transitional centre,
(k)
enabling an inmate to attend tuition or perform work in connection with a course of education or training being undertaken by the inmate,
(l)
in the case of a female inmate who is the mother of a young child or young children, enabling the inmate to serve her sentence with her child or children in an appropriate environment.

(3)

The conditions to which a local leave permit is subject must include such conditions as are required by the regulations to be included in such a permit.

(4)

Subject to subsection (3), the Commissioner may, at any time—

(a)
vary or omit any condition of a local leave permit, or
(b)
substitute or add new conditions to a local leave permit, or
(c)
revoke a local leave permit.

(5)

For the purposes of this section, member of the inmate’s immediate family includes a de facto partner of the inmate.

Note.

“De facto partner” is defined in section 21C of the Interpretation Act 1987.

s 26: Am 2002 No 73, Sch 1.5 [1]; 2002 No 79, Sch 1 [4]; 2010 No 19, Sch 3.28 [1] [2].

26AConditions of leave as to non-association and place restriction(1)

The conditions to which a local leave permit is subject may include either or both of the following—

(a)
provisions prohibiting or restricting the inmate from associating with a specified person,
(b)
provisions prohibiting or restricting the inmate from frequenting or visiting a specified place or district.

(2)

A condition referred to in subsection (1) (a) or (b) is suspended while the inmate is in lawful custody (otherwise than while unescorted as referred to in section 38 (2) (a)).

(3)

An inmate does not contravene a prohibition or restriction as to his or her association with a specified person—

(a)
if the inmate does so in compliance with an order of a court, or
(b)
if, having associated with the person unintentionally, the inmate immediately terminates the association.

(4)

An inmate does not contravene a requirement not to frequent or visit a specified place or district if the inmate does so in compliance with an order of a court.

(5)

In this section, associate with means—

(a)
to be in company with, or
(b)
to communicate with by any means (including post, facsimile, telephone and email).

s 26A: Ins 2001 No 100, Sch 2.2 [1].

Subdivision 2Interstate leave of absence27Definitions

In this Subdivision—

corresponding Commissioner, in relation to a participating State, means the officer responsible for the administration of correctional centres (however described) in the participating State.

corresponding interstate law means a law that is declared to be a corresponding interstate law for the purposes of this Subdivision by an order published under section 28.

escape, in relation to an interstate prisoner temporarily released from lawful custody, includes fail to return to lawful custody at the end of the time for which the prisoner has been released.

escorted custody, in relation to an interstate prisoner, means in the custody of an interstate escort under section 30.

interstate escort, in relation to a participating State, means—

(a)
a correctional officer (however described) or a police officer of that State, or
(b)
a person who is authorised to have the custody of an interstate prisoner under a permit issued in accordance with the corresponding interstate law of that State, or
(c)
a person who is appointed by the corresponding Commissioner of that State by an instrument in writing to be an escort for the purpose of escorting an interstate prisoner to that State.

interstate prisoner means a person who is in New South Wales under the authority of a permit issued under a corresponding interstate law.

participating State means any State in which a corresponding interstate law is in force.

State includes the Australian Capital Territory and the Northern Territory.

unescorted custody, in relation to an interstate prisoner, means leave within New South Wales in circumstances where—

(a)
the leave is authorised by a permit issued under a corresponding interstate law, and
(b)
no interstate escort has been appointed to escort the prisoner while within New South Wales, and
(c)
the corresponding interstate law provides that the prisoner is taken to be in the custody of the corresponding Commissioner or another official of the participating State while in New South Wales.

28Corresponding interstate law(1)

The Governor may, by order published on the NSW legislation website, declare that a law of a State other than New South Wales is a corresponding interstate law for the purposes of this Subdivision.

(2)

Such an order is to be made only if the Governor is satisfied that the law substantially corresponds with the provisions of this Subdivision.

s 28: Am 2010 No 119, Sch 3.4.

29Issue of interstate leave permit(1)

The Commissioner may issue an interstate leave permit to an inmate of a correctional centre for leave to travel to and from, and remain in, a participating State for a specified period—

(a)
if the inmate does not have a high security classification, on any grounds that the Commissioner considers appropriate, or
(b)
if the inmate has a high security classification, only if the leave is for medical treatment or for some compassionate purpose.

(2)

In particular, the Commissioner may issue an interstate leave permit to an inmate who is an Aboriginal person if satisfied that the purpose of the leave is—

(a)
to enable the inmate to attend a funeral service or burial of a member of the inmate’s immediate or extended family, or
(b)
to enable the inmate to be present at an occasion of special significance to the inmate’s immediate or extended family.

(3)

The period specified in an interstate leave permit must not exceed 7 days.

(4)

An interstate leave permit is subject to such conditions (including conditions relating to the escort of the inmate) as the Commissioner specifies in the permit or as may be prescribed by the regulations.

(5)

The Commissioner may, by instrument in writing, appoint any correctional officer to be an escort for the purposes of this Subdivision.

(6)

In this section, high security classification means a classification prescribed by the regulations as a high security classification.

(7)

For the purposes of this section, member of the inmate’s immediate family includes a de facto partner of the inmate.

s 29: Am 2002 No 73, Sch 1.5 [2]; 2010 No 19, Sch 3.28 [3].

30Effect of interstate leave permit(1)

If it is a condition of an interstate leave permit that an inmate be escorted to a participating State, the permit—

(a)
authorises the inmate concerned to be absent from the correctional centre in the custody of an escort for the purpose and period specified in the permit, and
(b)
authorises the escort to take and keep custody of the inmate for the purpose of escorting the inmate—
- (i)
  to the participating State (whether or not across any other State), and
- (ii)
  within the participating State,
in accordance with the permit, and
(c)
authorises the escort to take and keep custody of the inmate for the purpose of returning the inmate to the correctional centre from which leave of absence was given.

(2)

If it is not a condition of an interstate leave permit that an inmate be escorted to a participating State, the permit authorises the inmate concerned to be absent from the correctional centre for the purpose and period specified in the permit.

31Variation or revocation of interstate leave permit

The Commissioner may at any time—

(a)
vary or omit any condition of an interstate leave permit (whether specified in the permit or prescribed by the regulations), or
(b)
substitute or add new conditions to an interstate leave permit, or
(c)
revoke an interstate leave permit.

32Breach of interstate leave permit

An inmate must not fail, without reasonable excuse, to comply with any condition of an interstate leave permit.

Maximum penalty—10 penalty units.

33Notice to participating State and transit jurisdiction

On granting an interstate leave permit, the Commissioner must cause written notice of the fact that the permit has been granted, and of the period of the permit, to be given—

(a)
to the corresponding Commissioner and the chief officer of police of the participating State to which the inmate is to travel, and
(b)
to the chief officer of police of any other jurisdiction through which the inmate is to travel to reach the participating State.

34Effect of interstate leave permit issued under corresponding interstate law

A correctional officer (however described) or a police officer of a participating State who is authorised under a permit issued under a corresponding interstate law to escort a person imprisoned in that State to or through New South Wales is authorised, while in New South Wales—

(a)
to take and keep custody of the person for the purposes and period set out in the permit, and
(b)
to take and keep custody of the person for the purpose of returning the person to the participating State.

35Arrest of escaped interstate prisoners

If it appears to an interstate escort, a police officer or any other person that an interstate prisoner has escaped from lawful custody, the interstate escort, police officer or person may arrest the interstate prisoner and (in the case of an interstate prisoner in escorted custody) return the interstate prisoner to the custody of the interstate escort.

36Return of escaped interstate prisoners to State of origin(1)

An interstate prisoner—

(a)
who is arrested following an escape, or
(b)
who attempts to escape,

may be taken before a Magistrate.

(2)

Despite the terms of any permit issued in accordance with a corresponding interstate law, a Magistrate may by warrant (a return warrant)—

(a)
order the return of the interstate prisoner to the participating State in which the permit was issued, and
(b)
order the interstate prisoner to be delivered to an interstate escort for the purpose of such a return.

(3)

A return warrant may be executed in accordance with its terms.

(4)

An interstate prisoner who is the subject of a return warrant may be held in custody as an inmate until the person is delivered into the custody of an interstate escort in accordance with that warrant, or until the expiry of a period of 14 days from the issue of the warrant, whichever first occurs.

(5)

A return warrant ceases to have effect if the interstate prisoner who is the subject of the warrant is not delivered into the custody of an interstate escort, in accordance with the terms of the warrant, within 14 days after the warrant is issued.

37Liability of Crown for damage caused by inmate or escort(1)

The Crown in right of the State is liable for any damage or loss sustained by any person in a participating State that is caused by the acts or omissions of an inmate or escort while in a participating State because of an interstate leave permit.

(2)

Nothing in this section affects any right of action the Crown may have against the inmate or escort for the damage or loss concerned.

Subdivision 3Miscellaneous38Absent inmates taken to be in custody(1)

This section applies to an inmate who is absent from a correctional centre in any of the following circumstances—

(a)
while performing community service work or other work outside a correctional centre, as referred to in section 6 (2),
(b)
while being transferred from one correctional centre to another, as referred to in section 23 or 41C,
(c)
while at a hospital or other place referred to in section 24, or while being transferred between a correctional centre and such a hospital or place,
(d)
while absent from a correctional centre in accordance with a local leave order,
(e)
while absent from a correctional centre in accordance with a local leave permit,
(f)
while absent from a correctional centre in accordance with an interstate leave permit,
(f1)
while absent from a correctional centre in accordance with an approval granted under section 255A,
(g)
while being transferred from one part of a correctional centre to another part of the correctional centre located on separate premises.

(2)

An inmate who is absent from a correctional centre in any of the circumstances referred to in subsection (1) is taken to be in custody as follows—

(a)
if not escorted by a correctional officer, the inmate is taken to be in the custody of the governor of the correctional centre from which he or she is absent,
(b)
if escorted by a correctional officer employed in a correctional centre, the inmate is taken to be in the custody of the governor of the correctional centre in which the correctional officer is employed,
(c)
if escorted by a correctional officer not employed in a correctional centre, the inmate is taken to be in the custody of the designated officer.

(3)

An inmate is not taken to be absent from a correctional centre merely because the inmate is in some other part of a correctional complex of which the correctional centre forms part.

(4)

In this section—

correctional officer includes—

(a)
a person employed on a temporary basis within Corrective Services NSW to perform some or all of the duties of a correctional officer, and
(b)
a person holding an authority under section 240 to perform escort duties.

designated officer means the person for the time being holding or acting in the position within Corrective Services NSW designated by the Commissioner for the purposes of this section.

s 38: Am 2000 No 110, Sch 1 [6]–[8]; 2002 No 79, Sch 1 [5]; 2004 No 103, Sch 3 [4]; 2007 No 32, Sch 1 [1] [2].

39Powers of arrest(1)

A police officer or correctional officer may, with or without a warrant, arrest an inmate—

(a)
who has contravened, or has manifested an intention to contravene, a condition of a local leave order, local leave permit, interstate leave permit or approval granted under section 255A, or
(b)
whose local leave order, local leave permit, interstate leave permit or approval granted under section 255A has been revoked, or
(c)
who has not returned to a correctional centre at the expiry of the period specified in a local leave order, local leave permit, interstate leave permit or approval granted under section 255A, or
(d)
who has escaped from custody.

(2)

A police officer who arrests an inmate under subsection (1)—

(a)
in the case of an inmate who has escaped from custody—is to take the inmate before an authorised officer to be dealt with according to law, or
(b)
in any other case—is to convey the inmate to the nearest appropriate correctional centre.

(3)

A correctional officer who arrests an inmate under subsection (1)—

(a)
in the case of an inmate who has escaped from custody—is to take the inmate to a police officer, or before an authorised officer to be dealt with according to law, or
(b)
in any other case—is to convey the inmate to the nearest appropriate correctional centre.

(4)

If an inmate is taken before an authorised officer under subsection (2) (a) or (3) (a), the authorised officer may, by warrant, commit the inmate to the custody of—

(a)
the person from whose custody the inmate escaped, or

(b)
a correctional centre to be held pending the return of the inmate to the custody of that person, or
(c)
any other person with lawful authority to hold the inmate in custody.

(5)

Subsection (4) does not limit the powers of an authorised officer to deal with an inmate according to law.

(6)

A warrant under subsection (4) is sufficient authority—

(a)
for any police officer or correctional officer to convey the inmate to the person specified in the warrant, or to the correctional centre specified in the warrant, and to deliver the inmate into the custody of that person or the governor of that correctional centre, and
(b)
for the governor of the correctional centre to keep the inmate in his or her custody pending the person’s return to the custody of the person from whose custody the inmate escaped.

(7)

In this section—

authorised officer has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002.

s 39: Subst 2000 No 110, Sch 1 [9]. Am 2002 No 36, Sch 1 [1]; 2006 No 58, Sch 1.8 [2] [3]; 2007 No 32, Sch 1 [3].

40Certain unlawful absences not to affect length of sentence(1)

This section applies to an inmate who is unlawfully absent from a correctional centre during the term of a sentence—

(a)
otherwise than by reason of having escaped from lawful custody, and
(b)
otherwise than by reason of having failed to return to a correctional centre at the expiry of the period specified in a local leave permit, interstate leave permit or approval granted under section 255A, and
(c)
otherwise than by reason of having failed to return to a correctional centre following the revocation of an intensive correction order or parole order, and
(d)
otherwise than by reason of having failed to enter a correctional centre in accordance with a warrant or order committing the inmate to a correctional centre,

and so applies whether or not the inmate is taken, while absent, to be in the custody of the governor of the correctional centre.

(2)

For the purpose only of calculating how much of the sentence the inmate has served, the inmate is taken to have been in lawful custody for the whole of that absence.

s 40: Am 2007 No 32, Sch 1 [4]; 2010 No 48, Sch 2 [8]; 2017 No 53, Sch 3 [3]; 2020 No 31, Sch 1.5; 2022 No 26, Sch 2.7.

41Transfer of inmates to or through ACT

An inmate who is in the Australian Capital Territory—

(a)
while being transferred from one correctional centre to another under this Act, or
(b)
while being transferred to a hospital or other place for medical attention, or
(c)
while absent from a correctional centre in accordance with a local leave order or local leave permit,

remains in the lawful custody of the governor of the correctional centre from which the inmate is transferred or absent.

Division 3AJuvenile inmates

pt 2, div 3A: Ins 2004 No 103, Sch 3 [5].

41ADefinitions

In this Division—

adult correctional centre means a correctional centre that is not a juvenile correctional centre.

juvenile inmate means an inmate who is under the age of 21 years.

section 28 juvenile inmate means a juvenile inmate under the age of 18 years who has been transferred to a juvenile correctional centre pursuant to an order under section 28 of the Children (Detention Centres) Act 1987.

s 41A: Ins 2004 No 103, Sch 3 [5]. Am 2006 No 41, Sch 2.2 [1].

41BCustody of section 28 juvenile inmates

Subject to this Act, a section 28 juvenile inmate is to be held in custody in a juvenile correctional centre.

s 41B: Ins 2004 No 103, Sch 3 [5].

41CTransfers to and from juvenile correctional centres(1)

The Commissioner may order that a juvenile inmate be transferred from an adult correctional centre to a juvenile correctional centre for any reason specified in the order.

(2)

The Minister may order that a juvenile inmate be transferred from a juvenile correctional centre to an adult correctional centre if—

(a)
the Commissioner, in the case of a juvenile inmate who is of or above the age of 18 years, or
(b)
the Review Council, in the case of a juvenile inmate who is under the age of 18 years,

recommends to the Minister that the inmate should be transferred.

(3)

A recommendation for the transfer of a juvenile inmate from a juvenile correctional centre to an adult correctional centre may not be made unless the Commissioner or Review Council, as the case may be, is satisfied that—

(a)
the inmate wishes to be transferred, or
(b)
the inmate’s behaviour is or has been such that he or she should be transferred, or
(c)
it is in the inmate’s best interests that he or she be transferred, or
(d)
the association of the inmate with other juvenile inmates at the juvenile correctional centre constitutes, or is likely to constitute, a threat to—
- (i)
  the personal safety of any other person, or
- (ii)
  the security of the juvenile correctional centre, or
- (iii)
  good order and discipline within the juvenile correctional centre.

(4)

Subsection (2) does not limit the operation of section 23 (1) in relation to juvenile inmates who are of or above the age of 18 years.

Note.

Section 23 (2) limits the operation of section 23 (1) in relation to juvenile inmates who are under the age of 18 years.

(5)

Subsections (2), (3) and (4) do not apply to the transfer of a juvenile inmate to a hospital pursuant to an order by the Commissioner under section 24.

(6)

Such an order may not be made without prior consultation between the Commissioner and the Chief Executive, Justice Health.

s 41C: Ins 2004 No 103, Sch 3 [5]. Am 2006 No 81, Sch 1 [4]; 2022 No 1, Sch 1[3].

41DProcedure to be followed by Review Council as to transfer of juvenile inmate to adult correctional centre(1)

On the application of the Commissioner, the Review Council is to conduct an inquiry for the purpose of deciding whether or not to recommend the transfer of a juvenile inmate from a juvenile correctional centre to an adult correctional centre, as referred to in section 41C (2) (b).

(2)

In conducting an inquiry under this section, the Review Council is not bound by the rules of evidence but may inform itself of any matter in such manner as it thinks appropriate.

(3)

The Review Council must cause notice of any hearing in relation to an inquiry under this section to be given to the Commissioner and to the juvenile inmate to whom the inquiry relates.

(4)

If the inmate so wishes, the Review Council must allow the juvenile inmate to be present, and to be heard, at the hearing.

(5)

The juvenile inmate may be represented by an Australian legal practitioner chosen by the inmate or, if the Review Council so approves, by some other person chosen by the inmate.

(6)

The Commissioner may be represented by an Australian legal practitioner or by some other person.

(7)

For the purposes of an inquiry under this section, the Review Council must co-opt a person who is—

(a)
a Children’s Magistrate or former Children’s Magistrate, or
(b)
an Australian legal practitioner of at least 7 years’ standing who has experience as an advocate on behalf of children,

unless such a person is already a member of the Review Council and is available for the inquiry.

(8)

A person who is co-opted to the Review Council under subsection (7)—

(a)
may be co-opted—
- (i)
  as a community member, if the Review Council, as constituted for the purposes of the inquiry, includes a judicial member, or
- (ii)
  as a judicial member, if the Review Council, as constituted for the purposes of the inquiry, does not include some other judicial member, and
(b)
is taken, for the purposes of the inquiry, to be a judicial member or community member, as the case may be, and has, in relation to the inquiry, all of the powers and immunities of such a member.

(9)

Division 2 of Part 9 applies to the conduct of an inquiry by the Review Council under this section.

s 41D: Ins 2004 No 103, Sch 3 [5]. Am 2007 No 85, Sch 1 [3].

Division 4Full-time detainees received from Australian Capital Territory

pt 2, div 4: Subst 2008 No 53, Sch 7 [1].

42Definitions

In this Division—

Australian Capital Territory Act means the Crimes (Sentence Administration) Act 2005 of the Australian Capital Territory.

Australian Capital Territory direction means a direction issued under section 26 of the Australian Capital Territory Act.

chief executive, escort officer and full-time detainee have the same meanings as they have in the Australian Capital Territory Act.

s 42: Subst 2008 No 53, Sch 7 [1].

43Application of Division

This Division does not apply to a full-time detainee who is in custody in a correctional centre in New South Wales pursuant to a transfer effected under the Prisoners (Interstate Transfer) Act 1982.

s 43: Subst 2008 No 53, Sch 7 [1].

44Conveyance and detention of full-time detainees from ACT(1)

If an escort officer has a full-time detainee in custody in accordance with the terms of an Australian Capital Territory direction, it is lawful for the escort officer to hold and deal with the detainee in accordance with those terms.

(2)

The governor of a correctional centre may—

(a)
accept custody of a full-time detainee the subject of an Australian Capital Territory direction, or
(b)
refuse to accept custody of the full-time detainee.

(3)

If custody of a full-time detainee is accepted by the governor of a correctional centre, the detainee must be held in custody in the correctional centre for the period necessary for the detainee’s sentence, as referred to in the Australian Capital Territory direction, to be executed in accordance with the direction.

(4)

Nothing in this section prevents the early release of a full-time detainee by reason of the operation of any law of the Commonwealth, or of the Australian Capital Territory, relating to the release of full-time detainees.

(5)

Until released from custody or delivered into the custody of an escort officer under an Australian Capital Territory direction, a full-time detainee may be dealt with as if the detainee’s sentence were a sentence passed under a law of New South Wales.

(6)

Subsection (5) is subject to the provisions of the Australian Capital Territory Act.

s 44: Subst 2008 No 53, Sch 7 [1]. Am 2024 No 3, Sch 2[8].

45Return of full-time detainees to ACT(1)

If an escort officer presents to a governor of a correctional centre an Australian Capital Territory direction in respect of a full-time detainee held in custody in the correctional centre under this Division—

(a)
for the delivery of the full-time detainee into the custody of the escort officer, and
(b)
for the conveyance of the full-time detainee to the Australian Capital Territory,

the governor of the correctional centre must deliver the full-time detainee into the custody of the escort officer.

(2)

The direction is sufficient authority for the escort officer to convey the full-time detainee in custody to the Australian Capital Territory.

s 45: Subst 2008 No 53, Sch 7 [1].

46Evidentiary provision

A document purporting to be an Australian Capital Territory direction and to be under the hand of the chief executive is admissible in any proceedings and is in all courts exercising jurisdiction in New South Wales and on all occasions evidence of the particulars stated in the document.

s 46: Subst 2008 No 53, Sch 7 [1].

Division 5Prisoners received from Norfolk Island47Definitions(1)

In this Division—

authorised person, constable, court, magistrate and order have the same meanings as they have in the Norfolk Island Act.

Norfolk Island Act means the Removal of Prisoners Act 2004 of Norfolk Island.

Norfolk Island warrant means a warrant issued under the Norfolk Island Act.

prisoner means a person who is liable to undergo imprisonment or other detention in custody under a law in force in Norfolk Island.

(2)

For the purposes of this Division, a reference to an order of a court or magistrate includes a reference to a warrant issued by a court or magistrate, other than a Norfolk Island warrant.

s 47: Subst 2004 No 71, Sch 1 [1].

47AApplication of Division

This Division does not apply to a person who is the subject of a direction under section 9 of the Norfolk Island Act.

s 47A: Ins 2004 No 71, Sch 1 [2].

48Conveyance and detention of prisoners from Norfolk Island(1)

If a constable has a prisoner in custody in accordance with the terms of a Norfolk Island warrant, it is lawful for the constable to hold and deal with the prisoner in accordance with those terms.

(2)

It is the duty of the governor of a correctional centre or any other officer doing duty at a correctional centre to accept custody of any prisoner the subject of a Norfolk Island warrant.

(3)

The prisoner is to be held in custody in a correctional centre for so long as is necessary for the order of the court or magistrate referred to in the Norfolk Island warrant to be executed in accordance with that warrant.

(4)

Nothing in this section prevents the early release of a prisoner by reason of the operation of any law of the Commonwealth, or of any law in force in Norfolk Island, relating to the release of prisoners.

(5)

Until released from custody or delivered into the custody of a constable under a Norfolk Island warrant, a prisoner may be dealt with as if the prisoner’s sentence were a sentence passed under a law of New South Wales.

(6)

Subsection (5) is subject to the provisions of the Norfolk Island Act, the Sentencing Act 2007 of Norfolk Island and Division 4A of Part 6 of this Act.

s 48: Am 2004 No 71, Sch 1 [3]–[5]; 2010 No 1, Sch 1 [1].

49Return of prisoners to Norfolk Island(1)

If a constable presents to a governor of a correctional centre a Norfolk Island warrant in respect of a prisoner held in custody in the correctional centre under this Division—

(a)
for the delivery of the prisoner into the custody of the constable, and
(b)
for the conveyance of the prisoner to Norfolk Island,

the governor of the correctional centre must deliver the prisoner into the custody of the constable.

(2)

The warrant is sufficient authority for the constable to convey the prisoner in custody to Norfolk Island.

s 49: Am 2004 No 71, Sch 1 [6].

50Evidentiary provision

A document purporting to be a Norfolk Island warrant and to be signed by an authorised person is admissible in any proceedings and is in all courts exercising jurisdiction in New South Wales and on all occasions evidence of the particulars stated in the document.

s 50: Subst 2004 No 71, Sch 1 [7].

Division 6Correctional centre discipline51Definitions

In this Division—

correctional centre offence—see section 51A.

criminal offence means an act or omission that constitutes an offence otherwise than as a consequence of its having been declared by the regulations to be a correctional centre offence for the purposes of this Division.

withdrawable privilege means a privilege or amenity that is declared by the regulations to be a withdrawable privilege for the purposes of this Division.

s 51: Am 2004 No 47, Sch 1 [2]; 2004 No 94, Sch 1 [4] [5]; 2025 No 6, Sch 1[7].

51AMeaning of “correctional centre offence”

In this division, a correctional centre offence is an act or omission by an inmate, whether or not it is also a criminal offence that—

(a)
occurs while the inmate is—
- (i)
  within a correctional centre or correctional complex, or
- (ii)
  taken to be in the custody of the governor of a correctional centre, and
(b)
is prescribed by the regulations as a correctional centre offence for this division.

s 51A: Ins 2025 No 6, Sch 1[8].

52Hearing of charges by governor(1)

If it is alleged that an inmate of a correctional centre has committed a correctional centre offence, the governor of the correctional centre may charge the inmate with the offence and conduct an inquiry into the allegation.

(2)

The following provisions apply to any such inquiry—

(a)
the inquiry must be conducted with as little formality and technicality, and with as much expedition, as fairness to the inmate charged, the requirements of this Act and the regulations and the proper consideration of the charge permit,
(b)
the governor is not bound by the rules of evidence, but may inform himself or herself of any matter in such manner as the governor thinks fit,
(c)
the inmate is entitled to be heard at any hearing during the inquiry and to examine and cross-examine witnesses,
(d)
except as provided by paragraph (e), the inmate is not entitled to be represented by an Australian legal practitioner or by any other person,
(e)
the governor must allow a person (other than an Australian legal practitioner) to represent or assist the inmate if the governor is satisfied—
- (i)
  that the inmate does not sufficiently understand the nature of the inquiry, or
- (ii)
  that the inmate does not understand English or is otherwise unable to properly represent himself or herself during the inquiry,
(f)
if the inmate refuses or fails to attend at any hearing during the inquiry, the governor may hear and determine the matter in the inmate’s absence,
(g)
evidence is not to be given on oath or by affidavit at any hearing during the inquiry,
(h)
the governor may allow any correctional officer or other person to be present, and to be heard, at any hearing during the inquiry,
(i)
the governor may transfer the conduct of an inquiry to the governor of another correctional centre to which the inmate has been transferred.

(3)

The regulations may make further provision for or with respect to the making of any such charge and the conduct of any such inquiry.

s 52: Am 2007 No 85, Sch 1 [3].

53Penalties governor may impose(1)

If, after conducting an inquiry, the governor is satisfied beyond reasonable doubt that the inmate is guilty of a correctional centre offence, the governor may impose one (but not more than one) of the following penalties—

(a)
reprimand and caution,
(b)
deprivation, for up to 56 days, of such withdrawable privileges as the governor may determine,
(c)
confinement to a cell for up to 7 days, with or without deprivation of withdrawable privileges,
(d)
cancellation of any right to receive payments under section 7 for up to 14 days, but to the extent only to which those payments are additional to the payments made at the base rate to inmates generally or to inmates of a class to which the inmate belongs.

(2)

If, after conducting an inquiry, the governor is satisfied beyond reasonable doubt that the inmate is guilty of a correctional centre offence, but is of the opinion that a penalty should not be imposed—

(a)
the governor may dismiss the charge, or
(b)
the governor may defer imposing a penalty on condition that the inmate be of good behaviour for a specified period (not exceeding 2 months) and, if the condition is complied with, dismiss the charge after the end of that period.

(3)

If, after conducting an inquiry, the governor is not satisfied beyond reasonable doubt that the inmate is guilty of a correctional centre offence, the governor must dismiss the charge.

(4)

A penalty imposed on an inmate by the governor may be revoked by the governor or by the Commissioner.

s 53: Am 2004 No 47, Sch 1 [3]–[5].

54Reference of offences to Visiting Magistrate(1)

The governor may refer a correctional centre offence with which an inmate is charged to a Visiting Magistrate for hearing and determination if the governor considers that, because of the serious nature of the offence, it should be referred to a Visiting Magistrate.

(2)

A charge may be referred to a Visiting Magistrate without any inquiry being conducted by the governor, or may be so referred during or after any such inquiry.

(3)

In proceedings before a Visiting Magistrate under this division, the governor of a correctional centre may act as the informant.

s 54: Am 2001 No 83, Sch 1 [3]; 2001 No 121, Sch 2.73 [2]; 2004 No 47, Sch 1 [6]; 2025 No 6, Sch 1[9].

55Hearing of charges by Visiting Magistrate(1)

This section applies to proceedings on a charge that is referred to a Visiting Magistrate under this Division.

(2)

Subject to this section—

(a)
the Criminal Procedure Act 1986 applies to and in respect of the proceedings in the same way as it applies to and in respect of proceedings on a court attendance notice issued for a summary offence before the Local Court, and
(b)
any order or decision that is made by the Visiting Magistrate in or in connection with any such proceedings is taken to have been made under that Act.

(3)

In its application to the proceedings, the Criminal Procedure Act 1986 is subject to such modifications as are prescribed by the regulations and to such other modifications as the Visiting Magistrate considers appropriate.

Ins 2008 No 17, Sch 1 [8].

Part 4A, Div 1 (secs 106A–106E)

Ins 2004 No 42, Sch 3 [4].

Part 4A, Div 2

Ins 2004 No 42, Sch 3 [4].

Part 4A, Div 2, Subdiv 1

Ins 2004 No 42, Sch 3 [4].

Sec 106F

Ins 2004 No 42, Sch 3 [4]. Am 2004 No 94, Sch 1 [8]; 2022 No 1, Sch 1[3] [5]; 2025 No 6, Sch 1[45].

Sec 106G

Ins 2004 No 42, Sch 3 [4]. Am 2004 No 94, Sch 1 [8]; 2022 No 1, Sch 1[3] [5].

Sec 106H

Ins 2004 No 42, Sch 3 [4].

Sec 106I

Ins 2004 No 42, Sch 3 [4]. Am 2014 No 45, Sch 2.1 [1].

Secs 106J, 106K

Ins 2004 No 42, Sch 3 [4].

Part 4A, Div 2, Subdiv 2

Ins 2004 No 42, Sch 3 [4].

Secs 106L, 106M

Ins 2004 No 42, Sch 3 [4].

Sec 106MA

Ins 2014 No 45, Sch 2.1 [2].

Secs 106N–106P

Ins 2004 No 42, Sch 3 [4].

Part 4A, Div 3

Ins 2004 No 42, Sch 3 [4].

Sec 106Q

Ins 2004 No 42, Sch 3 [4]. Am 2004 No 94, Sch 1 [9]; 2014 No 45, Sch 2.1 [3].

Secs 106R, 106S

Ins 2004 No 42, Sch 3 [4].

Part 4A, Div 4

Ins 2004 No 42, Sch 3 [4].

Sec 106T

Ins 2004 No 42, Sch 3 [4]. Am 2004 No 94, Sch 1 [9]; 2025 No 6, Sch 1[46].

Part 4A, Div 5

Ins 2004 No 42, Sch 3 [4].

Sec 106U

Ins 2004 No 42, Sch 3 [4]. Am 2004 No 94, Sch 1 [8]; 2022 No 1, Sch 1[3].

Sec 106V

Ins 2004 No 42, Sch 3 [4].

Sec 106W

Ins 2004 No 42, Sch 3 [4]. Am 2014 No 45, Sch 2.1 [4] [5].

Sec 106X

Ins 2004 No 42, Sch 3 [4]. Am 2014 No 5, Sch 2.9 [1].

Sec 106Y

Ins 2004 No 42, Sch 3 [4]. Am 2004 No 94, Sch 1 [9]; 2006 No 58, Sch 1.8 [4]–[6].

Sec 106Z

Ins 2004 No 42, Sch 3 [4].

Sec 106ZA

Ins 2004 No 42, Sch 3 [4]. Am 2011 No 45, Sch 2.4 [2]; 2012 No 42, Sch 2.12; 2025 No 6, Sch 1[47]–[50].

Sec 106ZB

Ins 2025 No 6, Sch 1[51].

Part 4B

Ins 2017 No 53, Sch 3 [13].

Sec 107

Ins 2017 No 53, Sch 3 [13] (am 2018 No 25, Sch 1.6 [4]).

Sec 107A

Ins 2017 No 53, Sch 3 [13].

Sec 107B

Ins 2017 No 53, Sch 3 [13]. Am 2025 No 6, Sch 1[52]–[54].

Sec 107C

Ins 2017 No 53, Sch 3 [13]. Am 2018 No 87, Sch 1.9 [3].

Secs 107D, 107E

Ins 2017 No 53, Sch 3 [13].

Part 4C

Ins 2017 No 53, Sch 3 [13].

Sec 108

Ins 2017 No 53, Sch 3 [13] (am 2018 No 25, Sch 1.6 [5]).

Sec 108A

Ins 2017 No 53, Sch 3 [13].

Sec 108B

Ins 2017 No 53, Sch 3 [13]. Am 2025 No 6, Sch 1[55] [56].

Sec 108C

Ins 2017 No 53, Sch 3 [13]. Am 2018 No 87, Sch 1.9 [4].

Secs 108D, 108E

Ins 2017 No 53, Sch 3 [13].

Part 5, heading

Am 2000 No 110, Sch 1 [28].

Part 5, introductory note

Ins 2008 No 17, Sch 1 [9]. Rep 2017 No 53, Sch 3 [14].

Part 5, Div 1

Rep 2017 No 53, Sch 3 [15].

Sec 107 (as originally enacted)

Am 2002 No 79, Sch 1 [7]; 2006 No 81, Sch 1 [10] [11]; 2010 No 1, Sch 1 [2]; 2016 No 47, Sch 1 [8]. Rep 2017 No 53, Sch 3 [15].

Sec 108 (as originally enacted)

Rep 2017 No 53, Sch 3 [15].

Sec 109

Rep 2017 No 53, Sch 3 [15].

Sec 110

Am 2006 No 81, Sch 1 [12]; 2008 No 108, Sch 1 [10] [11]; 2009 No 94, Sch 2.3 [1]. Rep 2017 No 53, Sch 3 [15].

Sec 111

Am 2009 No 94, Sch 2.3 [2]. Rep 2017 No 53, Sch 3 [15].

Sec 112

Am 2006 No 81, Sch 1 [13]; 2010 No 1, Sch 1 [3]; 2016 No 47, Sch 1 [9]. Rep 2017 No 53, Sch 3 [15].

Sec 113

Am 2007 No 94, Sch 2. Rep 2017 No 53, Sch 3 [15].

Sec 114

Am 2000 No 110, Sch 1 [29]; 2006 No 81, Sch 1 [14]; 2007 No 94, Sch 2; 2008 No 108, Sch 1 [12] [13]. Rep 2017 No 53, Sch 3 [15].

Sec 115

Am 2000 No 110, Sch 1 [30]; 2001 No 83, Sch 1 [6]; 2006 No 81, Sch 1 [15]; 2008 No 108, Sch 1 [14]. Rep 2017 No 53, Sch 3 [15].

Sec 116

Subst 2000 No 110, Sch 1 [31]. Am 2001 No 121, Sch 2.73 [13] [14]. Rep 2017 No 53, Sch 3 [15].

Sec 117

Am 2004 No 47, Sch 1 [22]; 2006 No 81, Sch 1 [16]; 2010 No 1, Sch 1 [3]; 2016 No 47, Sch 1 [9]. Rep 2017 No 53, Sch 3 [15].

Part 5, Div 2, heading

Am 2000 No 110, Sch 1 [32].

Sec 118

Am 2000 No 110, Sch 1 [33]; 2010 No 48, Sch 2 [10]; 2014 No 6, Sch 1 [5] [6]; 2017 No 53, Sch 3 [16] [17].

Sec 119

Am 2017 No 53, Sch 3 [18].

Sec 120

Am 2004 No 29, Sch 2.2 [5].

Sec 122

Rep 2004 No 29, Sch 2.2 [6].

Sec 123

Am 2017 No 53, Sch 3 [18].

Part 5A

Ins 2017 No 57, Sch 1 [3].

Sec 124A

Ins 2017 No 57, Sch 1 [3].

Sec 124B

Ins 2017 No 57, Sch 1 [3].

Sec 124C

Ins 2017 No 57, Sch 1 [3]. Am 2025 No 6, Sch 1[57] [58].

Sec 124D

Ins 2017 No 57, Sch 1 [3].

Sec 124E

Ins 2017 No 57, Sch 1 [3].

Sec 124F

Ins 2017 No 57, Sch 1 [3].

Sec 124G

Ins 2017 No 57, Sch 1 [3].

Sec 124H

Ins 2017 No 57, Sch 1 [3]. Am 2025 No 6, Sch 1[59].

Sec 124I

Ins 2017 No 57, Sch 1 [3].

Sec 124J

Ins 2017 No 57, Sch 1 [3]. Am 2025 No 6, Sch 1[60].

Part 6, introductory note

Ins 2008 No 17, Sch 1 [10].

Sec 125

Am 2010 No 48, Sch 2 [11].

Sec 126

Am 2006 No 7, Sch 1 [4]; 2010 No 137, Sch 2 [1]; 2013 No 4, Sch 2.6 [3]; 2014 No 58, Sch 2.1 [2]; 2017 No 68, Sch 2.6 [5].

Sec 128

Am 2003 No 25, Sch 2 [1]; 2004 No 94, Sch 1 [10] [11]; 2006 No 81, Sch 1 [17] [18]; 2014 No 6, Sch 1 [7]; 2017 No 57, Sch 1 [4]–[8].

Sec 128A

Ins 2001 No 100, Sch 2.2 [2]. Am 2015 No 15, Sch 3.16 [5].

Sec 128B

Ins 2006 No 81, Sch 1 [19]. Am 2025 No 6, Sch 1[61].

Sec 128C

Ins 2014 No 6, Sch 1 [8]. Subst 2017 No 57, Sch 1 [9]. Am 2018 No 87, Sch 1.9 [5]; 2025 No 6, Sch 1[62] [63].

Secs 128D, 128E

Ins 2017 No 57, Sch 1 [9].

Sec 129

Am 2004 No 94, Sch 1 [12] [13].

Sec 130

Am 2004 No 94, Sch 1 [14]; 2017 No 57, Sch 1 [10] [11].

Sec 131A

Ins 2003 No 25, Sch 2 [2]. Rep 2004 No 94, Sch 1 [15].

Sec 135

Subst 2004 No 94, Sch 1 [16]. Am 2004 No 42, Sch 3 [5]; 2004 No 94, Sch 1 [17]; 2010 No 136, Sch 1.1 [1]. Subst 2017 No 57, Sch 1 [12]. Am 2017 No 54, Sch 2.1 [1]–[3]; 2017 No 68, Sch 2.6 [6] [7]; 2022 No 1, Sch 1[6] [7]; 2022 No 43, Sch 1[1] [2]; 2025 No 6, Sch 1[64].

Sec 135A

Ins 2004 No 94, Sch 1 [16]. Am 2004 No 94, Sch 1 [18]. Rep 2017 No 57, Sch 1 [12]. Ins 2022 No 43, Sch 1[3].

Sec 137

Subst 2004 No 94, Sch 1 [19]. Am 2014 No 45, Sch 2.1 [6].

Sec 137A

Ins 2004 No 94, Sch 1 [19]. Am 2008 No 108, Sch 1 [15]–[17].

Sec 137B

Ins 2004 No 94, Sch 1 [19]. Am 2014 No 6, Sch 1 [9].

Sec 137C

Ins 2004 No 94, Sch 1 [19].

Sec 138

Am 2000 No 110, Sch 1 [34]; 2001 No 117, Sch 4 [1] [2]; 2004 No 94, Sch 1 [20] [21]; 2006 No 81, Sch 1 [20]; 2008 No 108, Sch 1 [18]; 2013 No 37, Sch 3.4 [1]; 2014 No 6, Sch 1 [10].

Sec 139

Subst 2004 No 94, Sch 1 [22]. Am 2006 No 81, Sch 1 [21]–[23].

Sec 140

Subst 2004 No 94, Sch 1 [22].

Sec 141

Am 2001 No 117, Sch 4 [3]; 2003 No 25, Sch 2 [3]; 2004 No 94, Sch 1 [23] [24]; 2007 No 85, Sch 1 [7] [8]; 2013 No 37, Sch 3.4 [2].

Sec 141A

Ins 2004 No 94, Sch 1 [25]. Am 2006 No 81, Sch 1 [24]; 2022 No 1, Sch 1[8].

Sec 143

Subst 2004 No 94, Sch 1 [26].

Sec 143A

Ins 2004 No 94, Sch 1 [26]. Am 2008 No 108, Sch 1 [19]–[21].

Sec 143B

Ins 2004 No 94, Sch 1 [26]. Am 2014 No 6, Sch 1 [9].

Sec 143C

Ins 2004 No 94, Sch 1 [26].

Sec 145

Subst 2004 No 94, Sch 1 [27]. Am 2022 No 1, Sch 1[9].

Sec 146

Subst 2004 No 94, Sch 1 [27]. Am 2022 No 1, Sch 1[9].

Sec 147

Am 2002 No 36, Sch 1 [4]. Subst 2004 No 94, Sch 1 [27].

Sec 148

Am 2004 No 94, Sch 1 [28]–[30].

Sec 149

Am 2003 No 25, Sch 2 [3]; 2004 No 94, Sch 1 [31].

Sec 150

Am 2003 No 25, Sch 2 [3]; 2004 No 94, Sch 1 [32] [33].

Sec 151

Am 2001 No 117, Sch 4 [4] [5]; 2004 No 94, Sch 1 [34]–[36]; 2008 No 108, Sch 1 [22]; 2013 No 37, Sch 3.4 [3]; 2014 No 6, Sch 1 [11].

Sec 153

Subst 2004 No 94, Sch 1 [37]. Am 2018 No 94, Sch 1.3 [1]; 2022 No 1, Sch 1[10].

Sec 153A

Ins 2018 No 94, Sch 1.3 [2].

Sec 154A

Ins 2001 No 29, Sch 2 [2]. Am 2004 No 94, Sch 1 [38]; 2005 No 13, Sch 2 [1]; 2022 No 1, Sch 1[3].

Part 6, Div 2, Subdiv 4, heading

Am 2004 No 94, Sch 1 [39].

Sec 155

Am 2004 No 94, Sch 1 [36]; 2008 No 17, Sch 1 [11].

Sec 156

Am 2004 No 94, Sch 1 [36]; 2008 No 17, Sch 1 [12].

Sec 157

Am 2004 No 94, Sch 1 [36].

Part 6, Div 3

Subst 2017 No 57, Sch 1 [13].

Sec 158

Subst 2017 No 57, Sch 1 [13].

Sec 159

Rep 2017 No 57, Sch 1 [13]. Ins 2020 No 5, Sch 1.8[2].

Part 6, Div 3A

Ins 2017 No 24, Sch 2.

Sec 159A

Ins 2017 No 24, Sch 2.

Sec 159B

Ins 2017 No 24, Sch 2. Am 2018 No 94, Sch 1.3 [3] [4].

Sec 159C

Ins 2017 No 24, Sch 2. Am 2017 No 57, Sch 1 [14].

Sec 159D

Ins 2017 No 24, Sch 2.

Sec 160

Am 2022 No 43, Sch 1[4].

Sec 160AA

Ins 2008 No 17, Sch 1 [13].

Part 6, Div 4A (secs 160AB, 160AC)

Ins 2010 No 1, Sch 1 [4].

Part 6, Div 4B (sec 160AD)

Ins 2017 No 57, Sch 1 [15].

Sec 160A

Ins 2006 No 7, Sch 1 [5]. Am 2010 No 137, Sch 2 [2]–[4]; 2013 No 4, Sch 2.6 [4]; 2014 No 58, Sch 2.1 [3]; 2017 No 68, Sch 2.6 [8] [9].

Sec 161A

Ins 2017 No 57, Sch 1 [16].

Part 7, heading

Am 2002 No 74, Sch 1 [3]. Subst 2017 No 57, Sch 1 [17].

Part 7, introductory note

Ins 2008 No 17, Sch 1 [14]. Am 2010 No 48, Sch 2 [12]. Rep 2017 No 57, Sch 1 [18].

Part 7, Div 1

Subst 2010 No 48, Sch 2 [13].

Sec 162

Subst 2010 No 48, Sch 2 [13].

Sec 163

Am 2000 No 110, Sch 1 [35] [36]; 2002 No 74, Sch 1 [4]–[8]; 2004 No 47, Sch 1 [23]; 2004 No 94, Sch 1 [40]. Subst 2010 No 48, Sch 2 [13]; 2017 No 53, Sch 3 [19].

Sec 164

Subst 2010 No 48, Sch 2 [13]; 2017 No 53, Sch 3 [19].

Sec 164AA

Ins 2018 No 87, Sch 1.9 [6].

Sec 164A

Ins 2002 No 74, Sch 1 [9]. Am 2006 No 81, Sch 1 [25]. Rep 2010 No 48, Sch 2 [13]. Ins 2017 No 53, Sch 3 [19]. Am 2018 No 87, Sch 1.9 [7] [8].

Sec 165

Subst 2000 No 110, Sch 1 [37]; 2002 No 74, Sch 1 [10]; 2010 No 48, Sch 2 [13]. Am 2017 No 53, Sch 3 [20] [21]; 2018 No 29, Sch 1.5 [2].

Sec 165AA

Ins 2002 No 74, Sch 1 [11]. Am 2004 No 94, Sch 1 [41]; 2006 No 81, Sch 1 [26]. Rep 2010 No 48, Sch 2 [13].

Sec 165A

Ins 2001 No 100, Sch 2.2 [3]. Subst 2010 No 48, Sch 2 [13]. Rep 2017 No 53, Sch 3 [22].

Secs 165B, 165C

Ins 2010 No 48, Sch 2 [13]. Rep 2017 No 53, Sch 3 [22].

Part 7, Div 2

Rep 2017 No 53, Sch 3 [23].

Sec 166

Rep 2017 No 53, Sch 3 [23].

Sec 167

Am 2000 No 110, Sch 1 [38]; 2002 No 74, Sch 1 [12]; 2004 No 94, Sch 1 [42]; 2010 No 48, Sch 2 [14]. Rep 2017 No 53, Sch 3 [23].

Sec 168

Rep 2017 No 53, Sch 3 [23].

Sec 168A

Ins 2000 No 110, Sch 1 [39]. Am 2002 No 74, Sch [13]–[17]; 2010 No 48, Sch 2 [15]–[18]. Rep 2017 No 53, Sch 3 [23].

Part 7, Div 2A

Ins 2017 No 57, Sch 1 [19].

Secs 168B, 168C

Ins 2017 No 57, Sch 1 [19].

Sec 168CA

Ins 2018 No 87, Sch 1.9 [9].

Secs 168D–168G

Ins 2017 No 57, Sch 1 [19].

Sec 169

Am 2001 No 29, Sch 2 [3].

Sec 170

Am 2000 No 110, Sch 1 [40]; 2001 No 29, Sch 2 [4]; 2004 No 94, Sch 1 [43]; 2014 No 6, Sch 1 [12]. Subst 2017 No 57, Sch 1 [20].

Secs 170A, 170B

Ins 2017 No 57, Sch 1 [20].

Sec 171

Subst 2017 No 57, Sch 1 [20].

Sec 172

Am 2017 No 57, Sch 1 [21].

Sec 172A

Ins 2004 No 94, Sch 1 [44].

Sec 173

Am 2001 No 83, Sch 1 [7]; 2004 No 94, Sch 1 [45]; 2010 No 48, Sch 2 [19]; 2017 No 53, Sch 3 [24]; 2017 No 57, Sch 1 [22].

Sec 174

Am 2010 No 48, Sch 2 [20]; 2017 No 53, Sch 3 [25].

Sec 175

Am 2002 No 74, Sch 1 [18]; 2003 No 25, Sch 2 [4]; 2006 No 81, Sch 1 [27]; 2010 No 48, Sch 2 [21]–[25]; 2017 No 53, Sch 3 [26]–[28]; 2017 No 57, Sch 1 [23]; 2024 No 3, Sch 2[9].

Sec 175A

Ins 2006 No 81, Sch 1 [28]. Am 2010 No 48, Sch 2 [26]; 2017 No 53, Sch 3 [29]; 2017 No 57, Sch 1 [24].

Part 7, Div 5, heading

Am 2004 No 94, Sch 1 [46].

Sec 176

Am 2004 No 94, Sch 1 [36]; 2008 No 17, Sch 1 [15]; 2010 No 48, Sch 2 [27] [28]; 2017 No 53, Sch 3 [30].

Sec 177

Am 2004 No 94, Sch 1 [36]; 2008 No 17, Sch 1 [16].

Sec 178

Am 2004 No 94, Sch 1 [36].

Sec 179

Am 2000 No 110, Sch 1 [41] [42]; 2004 No 94, Sch 1 [47]; 2010 No 48, Sch 2 [29]–[31]; 2017 No 53, Sch 3 [31]; 2017 No 57, Sch 1 [25] [26].

Sec 179A

Ins 2000 No 110, Sch 1 [43]. Am 2004 No 94, Sch 1 [41]. Rep 2017 No 53, Sch 3 [32].

Sec 179B

Ins 2010 No 48, Sch 2 [32].

Sec 180

Am 2000 No 110, Sch 1 [44]; 2003 No 25, Sch 2 [5]; 2004 No 94, Sch 1 [48].

Sec 181

Am 2000 No 110, Sch 1 [44]; 2002 No 74, Sch 1 [19] [20]; 2003 No 25, Sch 2 [6]; 2004 No 94, Sch 1 [41]; 2006 No 81, Sch 1 [29]–[32]; 2010 No 48, Sch 2 [33]–[36]; 2014 No 6, Sch 1 [13] [14]; 2017 No 53, [33]–[35]; 2017 No 57, Sch 1 [27]; 2018 No 74, Sch 1 [1].

Sec 182

Am 2010 No 48, Sch 2 [37]; 2017 No 53, Sch 3 [36]; 2017 No 57, Sch 1 [28].

Part 8, introductory note

Ins 2008 No 17, Sch 1 [17].

Sec 183

Am 2003 No 25, Sch 2 [7]; 2004 No 94, Sch 1 [49]–[51].

Sec 184

Am 2000 No 110, Sch 1 [45]; 2004 No 94, Sch 1 [52].

Sec 185

Subst 2004 No 94, Sch 1 [53]. Am 2006 No 81, Sch 1 [33]; 2010 No 48, Sch 2 [38]; 2017 No 53, Sch 3 [37]; 2017 No 57, Sch 1 [29].

Sec 185A

Ins 2004 No 94, Sch 1 [53].

Sec 189

Am 2004 No 94, Sch 1 [54].

Sec 190

Am 2002 No 36, Sch 1 [5]; 2006 No 81, Sch 1 [34]; 2007 No 85, Sch 1 [3].

Sec 192

Am 2000 No 93, Sch 1.6 [1]; 2004 No 94, Sch 1 [55].

Sec 192A

Ins 2000 No 110, Sch 1 [46].

Sec 193

Am 2000 No 93, Sch 1.6 [2]; 2008 No 79, Sch 3.4; 2015 No 15, Sch 3.16 [3] [6]; 2017 No 57, Sch 1 [30] [31]; 2020 No 12, Sch 3.8.

Sec 193A

Ins 2004 No 94, Sch 1 [56]. Am 2006 No 81, Sch 1 [35]; 2008 No 108, Sch 1 [23] [24].

Sec 193B

Ins 2004 No 94, Sch 1 [56].

Sec 193C

Ins 2004 No 94, Sch 1 [56]. Am 2010 No 48, Sch 2 [39]; 2017 No 53, Sch 3 [38]–[40]; 2017 No 57, Sch 1 [32]–[36]; 2018 No 87, Sch 1.9 [10] [11].

Sec 194

Subst 2000 No 110, Sch 1 [47]. Am 2004 No 94, Sch 1 [57] [58]; 2014 No 6, Sch 1 [15].

Part 9, introductory note

Ins 2008 No 17, Sch 1 [18].

Sec 195

Am 2000 No 110, Sch 1 [48].

Sec 197

Am 2001 No 83, Sch 1 [8]; 2002 No 79, Sch 1 [8] [9]; 2004 No 103, Sch 3 [7]; 2008 No 108, Sch 1 [25]; 2017 No 68, Sch 2.6 [10]; 2025 No 6, Sch 1[65]–[67].

Sec 197A

Ins 2008 No 108, Sch 1 [26].

Sec 198

Am 2002 No 112, Sch 2.3; 2004 No 94, Sch 1 [59] [60].

Sec 204

Am 2007 No 85, Sch 1 [3].

Sec 209

Am 2000 No 110, Sch 1 [49].

Sec 209A

Ins 2000 No 110, Sch 1 [50]. Am 2014 No 6, Sch 1 [16].

Part 10

Rep 2008 No 17, Sch 1 [19].

Part 10, Divs 1–3 (secs 210–219)

Rep 2008 No 17, Sch 1 [19].

Part 10, Div 4

Rep 2008 No 17, Sch 1 [19].

Sec 220

Am 2001 No 83, Sch 1 [9]. Rep 2008 No 17, Sch 1 [19].

Secs 221–223

Rep 2008 No 17, Sch 1 [19].

Part 11, introductory note

Ins 2008 No 17, Sch 1 [20]. Am 2010 No 48, Sch 2 [40].

Part 11, Div 1, heading

Subst 2010 No 48, Sch 2 [41].

Sec 225A

Ins 2004 No 103, Sch 3 [8].

Sec 226

Rep 2010 No 48, Sch 2 [42].

Sec 227

Am 2001 No 121, Sch 2.73 [15]; 2010 No 48, Sch 2 [43] [44]. Subst 2016 No 47, Sch 1 [10].

Sec 228

Am 2002 No 79, Sch 1 [10]. Subst 2008 No 17, Sch 1 [21]. Am 2010 No 48, Sch 2 [45]–[48]; 2012 No 55, Sch 3.3 [1].

Sec 229

Am 2010 No 48, Sch 2 [49].

Sec 230

Am 2001 No 121, Sch 2.73 [16]; 2010 No 48, Sch 2 [50]; 2012 No 55, Sch 3.3 [2]; 2016 No 47, Sch 1 [11].

Sec 231

Am 2015 No 15, Sch 3.16 [7].

Sec 232

Am 2001 No 83, Sch 1 [10]; 2002 No 79, Sch 1 [11]; 2004 No 94, Sch 1 [61] [62]; 2008 No 108, Sch 1 [27]; 2010 No 48, Sch 2 [51]; 2018 No 25, Sch 1.4 [2].

Sec 233

Am 2010 No 48, Sch 2 [52].

Sec 233A

Ins 2025 No 6, Sch 1[68].

Sec 234

Am 2025 No 6, Sch 1[69] [70].

Sec 235

Am 2007 No 85, Sch 1 [9]; 2010 No 48, Sch 2 [53].

Sec 235A

Ins 1999 No 57, Sch 2. Am 2007 No 85, Sch 1 [3]; 2009 No 96, Sch 5 [3].

Sec 235B

Ins 2000 No 110, Sch 1 [51]. Am 2015 No 15, Sch 3.16 [8]. Subst 2025 No 6, Sch 1[71].

Sec 235C

Ins 2002 No 79, Sch 1 [12].

Sec 235D

Ins 2002 No 79, Sch 1 [12]. Rep 2010 No 48, Sch 2 [54].

Sec 235E

Ins 2006 No 81, Sch 1 [36]. Am 2010 No 1, Sch 1 [2] [3] [5]; 2016 No 47, Sch 1 [8] [9]; 2017 No 53, Sch 3 [41] (am 2018 No 25, Sch 1.6 [7]); 2025 No 6, Sch 1[72].

Sec 235F

Ins 2006 No 81, Sch 1 [36]. Am 2010 No 1, Sch 1 [2] [6]. Rep 2010 No 48, Sch 2 [55].

Sec 235G

Ins 2006 No 81, Sch 1 [36]. Subst 2007 No 85, Sch 1 [10]. Am 2010 No 48, Sch 2 [56]; 2013 No 4, Sch 2.6 [5] [6]; 2014 No 6, Sch 1 [17]; 2016 No 47, Sch 1 [12]; 2017 No 68, Sch 2.6 [11]. Rep 2018 No 87, Sch 1.9 [12].

Sec 236AA

Ins 2025 No 6, Sch 1[73].

Part 11, Div 4

Ins 2000 No 110, Sch 1 [52].

Sec 236A

Ins 2000 No 110, Sch 1 [52]. Am 2004 No 94, Sch 1 [63].

Sec 236B

Ins 2000 No 110, Sch 1 [52]. Am 2004 No 94, Sch 1 [64] [65]; 2010 No 48, Sch 2 [57]; 2022 No 1, Sch 1[3] [11]; 2025 No 6, Sch 1[74].

Sec 236C

Ins 2000 No 110, Sch 1 [52]. Am 2004 No 94, Sch 1 [65]; 2022 No 1, Sch 1[3].

Sec 236D

Ins 2002 No 79, Sch 1 [13]. Am 2004 No 94, Sch 1 [65]; 2022 No 1, Sch 1[3] [5] [11] [12].

Part 11, Div 5

Ins 2002 No 79, Sch 1 [14].

Sec 236E

Ins 2002 No 79, Sch 1 [14]. Am 2004 No 55, Sch 2.8; 2004 No 94, Sch 1 [66]; 2007 No 99, Sch 2.3 [1] [2]; 2008 No 108, Sch 1 [28]; 2013 No 19, Sch 4.9 [1] [2].

Sec 236F

Ins 2002 No 79, Sch 1 [14]. Am 2004 No 47, Sch 2 [1] [2]; 2006 No 81, Sch 1 [37]; 2008 No 108, Sch 1 [29].

Sec 236G

Ins 2002 No 79, Sch 1 [14]. Am 2004 No 47, Sch 2 [3] [4]; 2013 No 19, Sch 4.9 [3]–[5].

Sec 236H

Ins 2002 No 79, Sch 1 [14]. Am 2004 No 47, Sch 2 [5] [6]; 2004 No 94, Sch 1 [67]; 2008 No 108, Sch 1 [30].

Sec 236I

Ins 2002 No 79, Sch 1 [14]. Am 2004 No 47, Sch 2 [7]–[9]; 2004 No 94, Sch 1 [68]; 2008 No 108, Sch 1 [31]; 2025 No 6, Sch 1[75] [76].

Part 11, Div 6 (secs 236J, 236K)

Ins 2002 No 79, Sch 1 [15].

Part 11, Div 7

Ins 2008 No 108, Sch 1 [32].

Sec 236L

Ins 2008 No 108, Sch 1 [32].

Sec 236M

Ins 2008 No 108, Sch 1 [32]. Am 2014 No 6, Sch 1 [18]–[20]; 2016 No 47, Sch 1 [13]; 2017 No 53, Sch 3 [42]; 2017 No 57, Sch 1 [37]; 2017 No 68, Sch 2.6 [12].

Sec 236N

Ins 2008 No 108, Sch 1 [32]. Am 2015 No 15, Sch 3.16 [9].

Sec 236O

Ins 2008 No 108, Sch 1 [32]. Am 2018 No 87, Sch 1.9 [13].

Part 11, Div 8

Ins 2018 No 74, Sch 1 [2].

Sec 236P

Ins 2018 No 74, Sch 1 [2]. Am 2025 No 6, Sch 1[77]–[79].

Sec 236Q

Ins 2018 No 74, Sch 1 [2]. Am 2025 No 6, Sch 1[80]–[82]; 2025 No 62, Sch 7[1].

Part 11, Div 9

Ins 2024 No 5, Sch 2.

Sec 236R

Ins 2024 No 5, Sch 2.

Part 12, introductory note

Ins 2008 No 17, Sch 1 [22].

Sec 241

Am 2015 No 15, Sch 3.16 [10].

Sec 241A

Ins 2014 No 6, Sch 1 [21].

Sec 242

Am 2008 No 17, Sch 1 [23]; 2009 No 96, Sch 5 [4]; 2015 No 15, Sch 3.16 [4] [11].

Sec 243

Am 2008 No 17, Sch 1 [24].

Sec 244

Am 2000 No 110, Sch 1 [53]; 2004 No 94, Sch 1 [69]; 2022 No 1, Sch 1[3] [11].

Sec 247

Am 2009 No 54, Sch 2.13 [1] [2].

Part 13, introductory note

Ins 2008 No 17, Sch 1 [25].

Sec 249

Am 2000 No 110, Sch 1 [8]; 2002 No 79, Sch 1 [16]; 2004 No 47, Sch 1 [24]; 2010 No 48, Sch 2 [58]; 2014 No 5, Sch 2.9 [2].

Sec 250

Am 2004 No 47, Sch 1 [25].

Sec 252

Am 2008 No 108, Sch 1 [33].

Sec 252A

Ins 2001 No 83, Sch 1 [11]. Am 2015 No 15, Sch 3.16 [12].

Sec 253

Am 2006 No 41, Sch 2.2 [2].

Part 13A

Ins 2016 No 47, Sch 1 [14].

Sec 253A

Ins 2016 No 47, Sch 1 [14]. Am 2018 No 74, Sch 1 [3]; 2019 No 20, Sch 1.7[1].

Sec 253B

Ins 2016 No 47, Sch 1 [14]. Am 2018 No 74, Sch 1 [4].

Secs 253C–253F

Ins 2016 No 47, Sch 1 [14].

Secs 253FA, 253FB

Ins 2018 No 74, Sch 1 [5].

Sec 253I

Am 2019 No 20, Sch 1.7[2] [3].

Sec 253J

Ins 2016 No 47, Sch 1 [14]. Am 2018 No 74, Sch 1 [6]; 2019 No 20, Sch 1.7[2].

Secs 253K–253M

Ins 2016 No 47, Sch 1 [14]

Sec 253MA

Ins 2018 No 74, Sch 1 [7]. Am 2019 No 20, Sch 1.7[4].

Sec 253MB

Ins 2018 No 74, Sch 1 [7].

Secs 253N–253P

Ins 2016 No 47, Sch 1 [14].

Sec 253Q

Ins 2016 No 47, Sch 1 [14]. Am 2018 No 74, Sch 1 [8].

Sec 253R

Ins 2016 No 47, Sch 1 [14]. Am 2018 No 74, Sch 1 [9].

Part 14, introductory note

Ins 2008 No 17, Sch 1 [26].

Sec 254

Am 2010 No 48, Sch 2 [59]; 2017 No 53, Sch 3 [43].

Sec 255

Am 2004 No 47, Sch 1 [26]–[28]; 2010 No 48, Sch 2 [60].

Sec 255A

Ins 2007 No 32, Sch 1 [5]. Am 2010 No 48, Sch 2 [61]; 2017 No 53, Sch 3 [44].

Sec 256

Am 2004 No 94, Sch 1 [70]; 2010 No 1, Sch 1 [7]; 2017 No 54, Sch 2.1 [4]–[7]; 2017 No 57, Sch 1 [38] [39]; 2017 No 68, Sch 2.6 [13]–[18]. Rep 2022 No 1, Sch 1[13].

Sec 256A

Ins 2017 No 57, Sch 1 [40]. Rep 2022 No 1, Sch 1[13].

Sec 256B

Ins 2017 No 57, Sch 1 [40]. Am 2018 No 29, Sch 1.5 [3] [4]. Rep 2022 No 1, Sch 1[13].

Sec 257

Am 2000 No 93, Sch 1.6 [3]; 2008 No 53, Sch 7 [2] [3]; 2008 No 110, Sch 2.1; 2013 No 82, Sch 2.5; 2016 No 47, Sch 1 [15] [16]; 2019 No 10, Sch 1.7 [2].

Sec 257A

Ins 2015 No 2, Sch 4.1 [1]. Subst 2016 No 47, Sch 1 [17]. Am 2019 No 10, Sch 1.7 [3]; 2019 No 20, Sch 1.7[5]–[8].

Sec 258

Rep 2025 No 62, Sch 7[2].

Sec 259

Am 2010 No 48, Sch 2 [62]; 2017 No 53, Sch 3 [45] (am 2018 No 25, Sch 1.6 [8]).

Sec 260

Am 2002 No 79, Sch 1 [17]; 2008 No 108, Sch 1 [34]; 2009 No 56, Sch 2.8; 2010 No 48, Sch 2 [63] [64]; 2017 No 53, Sch 3 [46] (am 2018 No 25, Sch 1.6 [9]); 2017 No 57, Sch 1 [41].

Sec 261

Am 2008 No 108, Sch 1 [35]; 2010 No 48, Sch 2 [65].

Sec 263

Am 2002 No 36, Sch 1 [6] [7]; 2004 No 29, Sch 2.2 [7]–[9].

Sec 266

Am 2001 No 121, Sch 2.73 [17]; 2007 No 94, Sch 2.

Sec 267

Subst 2002 No 79, Sch 1 [18]. Am 2009 No 96, Sch 5 [5]; 2025 No 6, Sch 1[83].

Sec 271A

Ins 2013 No 4, Sch 2.6 [7]. Am 2014 No 58, Sch 2.1 [4]. Subst 2017 No 68, Sch 2.6 [19].

Part 15

Am 2020 No 1, Sch 2.5. Rep 2023 No 7, Sch 2.15[2].

Sec 274

Am 2020 No 1, Sch 2.5; 2021 No 4, Sch 1.13. Rep 2023 No 7, Sch 2.15[2].

Sec 275

Am 2020 No 1, Sch 2.5. Rep 2023 No 7, Sch 2.15[2].

Sec 276

Am 2020 No 1, Sch 2.5; 2022 No 1, Sch 1[4]. Rep 2023 No 7, Sch 2.15[2].

Part 16

Ins 2022 No 1, Sch 1[14].

Sec 277

Ins 2022 No 1, Sch 1[14]. Am 2024 No 3, Sch 2[10].

Sec 278

Ins 2022 No 1, Sch 1[14].

Sec 279

Ins 2022 No 1, Sch 1[14].

Sec 279A

Ins 2024 No 3, Sch 2[11].

Sec 280

Ins 2022 No 1, Sch 1[14].

Sec 281

Ins 2022 No 1, Sch 1[14]. Am 2024 No 3, Sch 2[12]–[14].

Sec 282

Ins 2022 No 1, Sch 1[14].

Sec 282A

Ins 2025 No 27, Sch 2.

Sec 283

Ins 2022 No 1, Sch 1[14]. Am 2024 No 3, Sch 2[13] [15] [16]; 2025 No 6, Sch 1[84].

Sec 284

Ins 2022 No 1, Sch 1[14].

Sec 284A

Ins 2024 No 3, Sch 2[17].

Sec 285

Ins 2022 No 1, Sch 1[14]. Am 2024 No 3, Sch 2[12] [13] [18] [19].

Sec 286

Ins 2022 No 1, Sch 1[14]. Am 2024 No 3, Sch 2[12] [13] [18].

Sch 1

Am 2000 No 110, Sch 1 [54] [55]; 2001 No 83, Sch 1 [12]; 2002 No 79, Sch 1 [19]–[22]; 2003 No 25, Sch 2 [8]–[14]; 2004 No 94, Sch 1 [71] [72]; 2008 No 108, Sch 1 [36] [37]; 2014 No 6, Sch 1 [22]; 2015 No 15, Sch 3.16 [13].

Sch 2

Am 2000 No 110, Sch 1 [56]; 2001 No 83, Sch 1 [13]; 2002 No 79, Sch 1 [23]–[30]; 2004 No 47, Sch 1 [29]; 2004 No 94, Sch 1 [73]; 2015 No 15, Sch 3.16 [14].

Sch 3

Rep 2008 No 17, Sch 1 [27]. Ins 2010 No 48, Sch 2 [66]. Rep 2017 No 53, Sch 3 [47].

Sch 4

Am 2001 No 34, Sch 4.13; 2019 No 10, Sch 1.7 [4].

Sch 5

Am 2000 No 110, Sch 1 [57]–[59]; 2001 No 29, Sch 2 [5] [6]; 2001 No 112, Sch 2.11; 2001 No 117, Sch 4 [6] [7]; 2002 No 36, Sch 1 [8]; 2002 No 74, Sch 1 [21] [22]; 2002 No 79, Sch 1 [31] [32]; 2003 No 25, Sch 2 [15] [16]; 2003 No 82, Sch 2.7 [2]; 2004 No 42, Sch 3 [6]; 2004 No 47, Sch 1 [30] [31]; 2004 No 71, Sch 1 [8] [9]; 2004 No 94, Sch 1 [74] [75]; 2005 No 13, Sch 2 [2]; 2006 No 81, Sch 1 [38] [39]; 2007 No 85, Sch 1 [11] [12]; 2008 No 17, Sch 1 [28] [29]; 2008 No 108, Sch 1 [38] [39]; 2009 No 47, Sch 1 [3]; 2009 No 54, Sch 2.13 [3]; 2009 No 96, Sch 5 [6]; 2010 No 1, Sch 1 [8] [9]; 2010 No 48, Sch 2 [67] [68]; 2010 No 136, Sch 1.1 [2] [3]; 2010 No 137, Sch 2 [5]; 2014 No 6, Sch 1 [23] [24]; 2015 No 2, Sch 4.1 [2]; 2016 No 47, Sch 1 [18]; 2017 No 53, Sch 3 [48]; 2017 No 57, Sch 1 [42]; 2018 No 74, Sch 1 [10]; 2018 No 87, Sch 1.9 [14]; 2019 No 1, Sch 3; 2020 No 5, Sch 1.8[3]; 2022 No 1, Sch 1[15]; 2022 No 43, Sch 1[5]; 2025 No 6, Sch 1[85]; 2025 No 7, Sch 2[5]; 2025 No 62, Sch 7[3].

The whole Act (except Sch 5)

Am 2004 No 94, Sch 1 [1] (“Parole Board” and “Parole Board’s” omitted wherever occurring, “Parole Authority” and “Parole Authority’s” inserted instead, respectively); 2006 No 81, Sch 1 [1] (“governor”, “governors”, “governor’s” and “Governors” omitted wherever occurring, “general manager”, “general managers”, “general manager’s” and “General managers” inserted instead, respectively).

The whole Act (except sec 3 (1))

Am 2016 No 47, Sch 1 [3] (“probation and parole officer” and “probation and parole officers” omitted wherever occurring, “community corrections officer” and “community corrections officers”, inserted instead, respectively).

The whole Act (except sec 3 (1) and Sch 5)

Am 2016 No 47, Sch 1 [1] (“general manager”, “general managers” and “general manager’s” omitted wherever occurring, “governor”, “governors” and “governor’s” inserted instead, respectively) [2] (“the Probation and Parole Service” and “The Probation and Parole Service” omitted wherever occurring, “Community Corrections” inserted instead).

The whole Act (except secs 3 (1) (definition of “law enforcement agency”), 78 (3), 128A (2) (b), 193 (3) and (4) and 252A (1) and Sch 5)

Am 2009 No 96, Sch 5 [1] (“the Department” omitted wherever occurring, “Corrective Services NSW” inserted instead.