Crimes (Administration of Sentences) Amendment (Uses of Biometric Data) Regulation 2020 (NSW)

New South Wales

Crimes (Administration of Sentences)

Amendment (Uses of Biometric Data)

Regulation 2020

under the

Crimes (Administration of Sentences) Act 1999

Her Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Crimes (Administration of Sentences) Act 1999.

ANTHONY ROBERTS, MP

Minister for Counter Terrorism and Corrections

Explanatory note

The object of this Regulation is to provide that the Commissioner of Corrective Services may authorise the use of a biometric identification system to control access to a correction centre or a controlled part of a centre, movement within the centre, access to medication within the centre or access to equipment or other items in the centre.

This Regulation is made under the Crimes (Administration of Sentences) Act 1999, including sections 79 and 271 (the general regulation-making power).

Crimes (Administration of Sentences) Amendment (Uses of Biometric Data) Regulation 2020 [NSW]

Crimes (Administration of Sentences) Amendment (Uses of

Biometric Data) Regulation 2020

under the

Crimes (Administration of Sentences) Act 1999

1      Name of Regulation

This Regulation is the Crimes (Administration of Sentences) Amendment (Uses of

Biometric Data) Regulation 2020.

2      Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

3 Amendment of Crimes (Administration of Sentences) Regulation 2014

Clause 320 Operation of biometric identification system in correctional centres

Omit clause 320(1)–(4). Insert instead—

(1)

The Commissioner may authorise the operation in correctional centres of a biometric identification system for one or more of the following purposes—

(a)	controlling access to the centre,
(b)	controlling persons leaving, or attempting to leave, the centre,
(c)	controlling access to part of the centre or the movement of persons within the centre,
(d)	controlling access to medication in the centre,
(e)	controlling access to equipment and other items within the centre.

(2)

A person may be required to comply with requirements relating to the operation of the system for the purpose for which the system may be used, and may be denied access to the centre, part of the centre, medication or equipment or prevented from leaving, if the person refuses to comply with a requirement.