Crimes (Administration of Sentences) (Correctional Centre Routine) Regulation 1995 (NSW)
This Regulation is the Crimes (Administration of Sentences) (Correctional Centre Routine) Regulation 1995.
This Regulation commences on 1 September 1995.
In this Regulation:
(a) who has appealed against conviction or sentence and whose appeal has not yet been determined, and
(b) who is being held in custody because of that conviction or sentence and for no other reason.
(a) is the holder of a current practising certificate issued under the Legal Profession Act 1987 and is practising in New South Wales, or
(b) is qualified to practise, and is practising, in another State or in a Territory and is entitled to a right of audience in a court in New South Wales.
(a) a prohibited drug or prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985, or
(b) any of the following:
(i) phenothiazines,
(ii) tricyclic antidepressants,
(iii) codeine,
(iv) pseudoephedrine,
(v) carbamazepine,
(vi) benzodiazepines,
(vii) antihistamines, or
(c) any salt, isomer, ester or ether of a prohibited drug referred to in paragraph (a) or of anything referred to in paragraph (b), or
(d) any salt of such an isomer, ester or ether.
(a) who is serving a life sentence, or
(b) who is a forensic patient (within the meaning of the Mental Health Act 1990) detained in a correctional centre, or
(c) who is serving a sentence or sentences that require the person to be imprisoned for 12 months or more, being a person who (after considering the likelihood of the person’s being released before completing the sentence or sentences and any other matter it considers relevant) the Case Management Committee has reasonable cause to believe will be required to serve not less than 12 months in custody.
(a) is the holder of a current practising certificate issued under the Legal Profession Act 1987 and is practising in New South Wales, or
(b) is qualified to practise, and is practising, in another State or in a Territory and is entitled to a right of audience in a court in New South Wales.
For the purposes of paragraph (b) of the definition of
(Repealed)
Each inmate must, at night, be housed in and occupy a cell, room or hut by himself or herself, unless for medical or other sufficient reason it is necessary for inmates to be associated.
If it is necessary for inmates to be associated, the inmates required to be associated (either in a single cell, room or hut or in dormitory type accommodation) must be carefully selected.
Each inmate must be provided with:
(a) a separate bed, and
(b) sufficient clean bedding to suit the climatic conditions.
An inmate must not enter a cell, room or hut that has not been allocated by the governor of the correctional centre or a correctional officer for use by the inmate unless the inmate does so:
(a) with the permission of the governor or a correctional officer, or
(b) in compliance with a direction given by the governor or a correctional officer.
Female inmates must be kept separate from male inmates except in such circumstances and under such supervision as the Commissioner determines.
For the purposes of this clause, each inmate is to be included in one of the following classes:
(a) unconvicted inmate,
(b) appellant,
(c) civil inmate,
(d) convicted inmate.
As far as practicable inmates of any class are to be separated from inmates of any other class.
The Commissioner may direct the separation, within a class:
(a) of inmates who have previously been imprisoned from those who have not, and
(b) of inmates the Commissioner considers would be at risk if not separated from other inmates, and
(c) of inmates who are detained in a correctional centre for failure to pay a fine, penalty, costs or other amount from those detained in a correctional centre for any other reason.
An inmate who is found or suspected to be suffering from an infectious or contagious disease, or to be in a verminous condition, may be kept separate from other inmates not so suffering or not in that condition.
Each male inmate must, for the purposes of security and developmental programs, be classified by the Commissioner in one of the following categories:
Category A1 | Those who, in the opinion of the Commissioner, represent a special risk to good order and security and should at all times be confined in special facilities within a secure physical barrier that includes towers or electronic surveillance equipment. |
Category A2 | Those who, in the opinion of the Commissioner, should at all times be confined by a secure physical barrier that includes towers, other highly secure perimeter structures or electronic surveillance equipment. |
Category B | Those who, in the opinion of the Commissioner, should at all times be confined by a secure physical barrier. |
Category C1 | Those who, in the opinion of the Commissioner, should be confined by a physical barrier unless in the company of an officer. |
Category C2 | Those who, in the opinion of the Commissioner, need not be confined by a physical barrier at all times but who need some level of supervision. |
Category C3 | Those who, in the opinion of the Commissioner, need not be confined by a physical barrier at all times and who need not be supervised. |
Each female inmate must, for the purposes of security and developmental programs, be classified by the Commissioner in one of the following categories:
• Category 4: Continuous supervision Those female inmates who, in the opinion of the Commissioner, should at all times be confined by a secure physical barrier.
• Category 3: General supervision Those female inmates who, in the opinion of the Commissioner, should be confined by a physical barrier unless in the company of a correctional officer or some other person authorised by the Commissioner.
• Category 2: Minimum supervision Those female inmates who, in the opinion of the Commissioner, need not be confined by a physical barrier at all times but who need some level of supervision by a correctional officer or some other person authorised by the Commissioner.
• Category 1: Monitored Those female inmates who, in the opinion of the Commissioner, need not be confined by a physical barrier at all times and who need not be supervised.
The Commissioner may review and vary the classification of inmates from time to time.
Before varying the classification of an inmate who is a serious offender (whether because of the transfer of the inmate from one correctional centre to another or otherwise), the Commissioner must send to the Review Council a report setting out the grounds for the proposed variation.
If, after considering such a report, the Review Council is satisfied that a change in the inmate’s classification is desirable, it may make a recommendation to that effect to the Commissioner.
The Commissioner must not vary the classification of the inmate unless the Commissioner has first considered any such recommendation.
The Commissioner must notify the Review Council if the Commissioner varies a classification to a classification not recommended by the Council.
This clause has effect subject to clause 11.
An inmate who has committed an escape offence in New South Wales or elsewhere must, for the purposes of security and developmental programs, be classified by the Commissioner in one of the following categories:
Category E1 | Those who, in the opinion of the Commissioner, represent a special risk to security and should at all times be confined in a correctional centre specified by the Minister as being a high security correctional centre for the purposes of this category. |
Category E2 | Those who, in the opinion of the Commissioner, should at all times be confined by a secure physical barrier in a correctional centre specified by the Minister for the purposes of this category. |
An inmate classified in Category E1 or E2 in accordance with this clause must not be reclassified so as to be taken out of that pair of categories except on the recommendation of the Review Council.
The Review Council is not to make a recommendation for the purposes of this clause unless it is satisfied that:
(a) there are special circumstances that, in the opinion of the Review Council, justify the reclassification, and
(b) a significant rehabilitation purpose would be achieved by approving the inmate’s progression to:
(i) Category C1, C2 or C3 in the case of a male inmate, or
(ii) Category 3, 2 or 1 in the case of a female inmate.
The Review Council need not entertain any application made to it for the purposes of this clause if, on the face of the application and any document submitted in support of it, it appears to the Council that the application:
(a) is not substantially different from a previous application made by or on behalf of the same inmate and which the Council has rejected, or
(b) is frivolous or vexatious or otherwise amounts to an abuse of process.
For the purposes of this clause, a person has committed an escape offence if the person:
(a) has been convicted of escaping, or of attempting or conspiring to escape, from lawful custody, or
(b) has been found by a court to have committed any such offence, or
(c) has admitted to such an offence for the purposes of section 33 (2) of the Crimes (Sentencing Procedure) Act 1999 (or for the purposes of a similar provision in force in a jurisdiction other than New South Wales, in the case of a similar offence committed in that jurisdiction).
This clause does not apply to an inmate who was under the age of 18 years when the escape offence was committed.
The provisions of clause 11 (1), (2) and (3) of this Regulation, as in force immediately before 15 April 1996, continue in force in relation to offences committed before that date.
Nothing in this clause requires the classification of any inmate in Category E1 or E2 as a consequence of an escape offence committed before 15 April 1996.
For the purposes of section 29 of the Act, male inmates classified in Category A1, A2 or B under clause 10 (1), or in Category E1 or E2 under clause 11, are prescribed as a class of male inmates having a high security classification.
For the purposes of section 29 of the Act, female inmates classified in Category 4 under clause 10 (1A), or in Category E1 or E2 under clause 11, are prescribed as a class of female inmates having a high security classification.
There is to be a Case Management Committee whose members are appointed by the Commissioner and which is to be comprised of:
(a) one of the following:
(i) the Director, Inmate Classification and Placement,
(ii) a Manager, Inmate Classification and Placement,
(iii) a Deputy Manager, Inmate Classification and Placement, and
(b) an industrial officer, and
(c) a programs officer, and
(d) a psychologist, and
(e) a parole officer,
or such other persons, if any, in substitution for, or in addition to, the persons referred to in paragraphs (b)–(e) as the Commissioner determines.
The quorum for a meeting of the Committee is 3 members who must include a member referred to in subclause (1) (a).
At a meeting of the Committee, the member referred to in subclause (1) (a) is to preside.
A decision of the Committee is not valid unless supported by a majority of the votes of the members present and voting at a meeting of the Committee, which majority must include the vote of the presiding member.
There is to be a Reception Committee at each correctional centre at which inmates are initially received after sentencing or for the purpose of their being held in custody otherwise than because of a sentence.
A Reception Committee is to be comprised of such persons as the Commissioner determines.
On reception of a long-term inmate, the Case Management Committee is to make a detailed personal assessment of the inmate and a recommendation to the Commissioner on:
(a) the inmate’s classification and placement, and
(b) an interim or provisional developmental program for the inmate pending a review by the Review Council.
The Review Council is to conduct periodic reviews of the classification of inmates who are serious offenders at such intervals as it considers appropriate and may recommend a variation of classification as a result of any such review or at any other time it thinks fit.
The Case Management Committee may not recommend variation of the classification of an inmate who is a serious offender.
When a short-term inmate, an unconvicted inmate, an appellant or a civil inmate who has not previously been classified under this Division is initially received into a correctional centre, the Reception Committee at the correctional centre is to make a personal assessment of the inmate and a recommendation to the Commissioner on:
(a) the inmate’s classification and placement, and
(b) a developmental program for the inmate.
If a short-term inmate, an unconvicted inmate, an appellant or a civil inmate who has not previously been classified under this Division is received into a correctional centre that does not have a Reception Committee, the governor of the correctional centre or the deputy governor is to make a personal assessment of the inmate and a recommendation to the Commissioner on:
(a) the inmate’s classification and placement, and
(b) a developmental program for the inmate.
A copy of a recommendation sent to the Commissioner must be sent to the Case Management Committee for review.
If, on review by the Case Management Committee, it appears to the Committee that a different classification or placement of an inmate is appropriate, the Committee may make a recommendation to that effect to the Commissioner.
An assessment and recommendation by a Reception Committee or the Case Management Committee must be completed as expeditiously as possible.
All reasonable steps must be taken to complete an assessment and recommendation within 2 months after the inmate’s reception.
There is to be a Program Review Committee at each correctional centre.
A Program Review Committee is to be comprised of such persons as the Commissioner determines.
The Program Review Committee of a correctional centre must, in respect of an inmate (other than an inmate who is a serious offender):
(a) review the developmental program recommended for the inmate within 14 days of (or if that is not possible as soon as practicable after) reception of the inmate into the correctional centre (whether or not because of a transfer from another correctional centre), and
(b) if the inmate is a long-term inmate, review the classification, placement and developmental program of the inmate at least once each 6 months.
The Program Review Committee must send a report and recommendation in respect of those matters to the Case Management Committee for review.
If the Case Management Committee proposes to reject a recommendation of a Program Review Committee, it must:
(a) notify the Program Review Committee and give its reasons for the proposed rejection, and
(b) give the Program Review Committee an opportunity to supply further reasons or arguments.
The Program Review Committee must discuss the matter with the inmate concerned.
The Case Management Committee must notify the Program Review Committee if it rejects the recommendation and give its reasons as fully as is practicable.
If the Case Management Committee considers that a change in an inmate’s classification, placement or developmental program is appropriate, the Committee may send a recommendation to that effect to the Commissioner.
The governor of a correctional centre who considers that:
(a) an inmate in the correctional centre, or
(b) an inmate transferred, or proposed to be transferred, to the correctional centre following classification or review of classification,
is unsuitable for placement or for continued placement in the correctional centre must send to the Case Management Committee (or, in the case of an inmate who is a serious offender, to the Review Council) a report setting out the reasons why the inmate should be placed elsewhere.
The Chairperson of a Reception, Case Management or Program Review Committee and the Review Council must ensure that, in so far as it is practicable to do so, an inmate:
(a) who is interviewed by the Committee or the Council for the purposes of this Division, and
(b) who may be disadvantaged by linguistic or cultural factors,
is interviewed in the presence of a person who can act as an appropriate interpreter or cultural representative.
If a correctional officer makes a report which contains an assessment of an inmate for the purposes of this Division, the correctional officer:
(a) must take into consideration any linguistic or cultural factors which may disadvantage the inmate, and
(b) must refer in the report to the extent to which, in the opinion of the officer, those factors are significant in relation to the assessment.
This Division applies in respect of the following inmates only:
(a) male inmates who are classified in Category A1, A2 or B under clause 10 (1), or in Category E1 or E2 under clause 11,
(b) female inmates who are classified in Category 4 under clause 10 (1A), or in Category E1 or E2 under clause 11.
In this Division:
The Commissioner may designate an inmate to which this Division applies as:
(a) an extreme high security inmate, or
(b) a moderate high security inmate.
An inmate may be designated as an extreme high security inmate only if the Commissioner is of the opinion that the inmate constitutes:
(a) an extreme danger to other people, or
(b) an extreme threat to good order and security.
An inmate may be designated as a moderate high security inmate only if the Commissioner is of the opinion that the inmate constitutes:
(a) a danger to other people, or
(b) a threat to good order and security.
The designation of an inmate may be revoked or varied by the Commissioner.
The Commissioner is to take into account (but need not follow) any recommendation of the Review Council in determining the designation of an inmate or whether to revoke or vary an inmate’s designation.
(Repealed)
The Commissioner may make determinations with respect to the following:
(a) the placement in correctional centres of designated inmates,
(b) the movement of designated inmates for any purpose,
(c) any additional security arrangements to be imposed in respect of designated inmates,
(d) developmental programs for designated inmates,
(e) any other matter that is relevant to the management of designated inmates.
In making any such determination, the Commissioner is to take into account (but need not follow) any recommendation of the Review Council.
For the purposes of section 197 (2) (f) of the Act, the functions of the Review Council include the provision, at the request of the Commissioner, of reports, advice and recommendations to the Commissioner with respect to:
(a) the designation of inmates under this Division (including the revocation or variation of any such designation), and
(b) the management of designated inmates (including the periodic review of that management).
In accordance with clause 10 (2) (c) of Schedule 2 to the Act, the Review Council may delegate to a committee of the Review Council any function referred to in subclause (1) (a) or (b).
The details of an inmate’s personal description which may be recorded are as follows:
(a) name,
(b) age,
(c) height,
(d) weight,
(e) distinguishing features and marks,
(f) photograph,
(g) fingerprints and palmprints,
(h) normal place of living,
(i) name and residential address of next of kin,
(j) the offence for which the inmate was imprisoned and the term of the sentence.
An inmate must supply such information as to normal place of living and name and residential address of next of kin as may be required of the inmate by the governor of the correctional centre or an authorised correctional officer.
The Commissioner or any person employed in the Department must not furnish to any other person:
(a) a photograph of an inmate, or
(b) an impression of an inmate’s fingerprints or palmprints, or
(c) any other detail of an inmate’s personal description, or
(d) any detail of an inmate’s criminal record.
Subclause (1) does not apply to the furnishing of matter:
(a) under section 267 of the Act, or
(b) for use in any criminal or civil proceedings, or
(c) in order to carry into effect the provisions of an Act, or an Act of the Parliament of the Commonwealth, or an instrument made under any such Act, or
(d) with the consent or at the request of the inmate, or
(e) to a law enforcement body or agency with the approval of the Commissioner.
The Commissioner must ensure that all photographs, impressions of fingerprints or palmprints and other records of personal particulars of any unconvicted person:
(a) who has been remanded in custody in a correctional centre in connection with an alleged offence, and
(b) who was not convicted of the offence,
are destroyed or otherwise obliterated 6 years after the release of the person from the correctional centre.
Subclause (1) relates only to records over which the Commissioner has control.
A correctional officer may search an inmate on reception into a correctional centre.
A correctional officer may search an inmate at such subsequent times as may be directed by the governor of the correctional centre or considered desirable by the correctional officer.
Except in the case of an emergency, a female inmate must not be searched by or in the presence of a male correctional officer.
The searching of an inmate must be conducted with due regard to dignity and self-respect and in as seemly a manner as practicable without impeding the effectiveness of the search.
An inmate must allow himself or herself to be searched by a correctional officer conducting a search in accordance with this clause.
As soon as practicable after an inmate is received into a correctional centre the governor of the correctional centre must ensure that the inmate is supplied with a notice as set out in Schedule 1.
As soon as practicable after an inmate is received into a correctional centre the governor of the correctional centre must inform the inmate, or cause the inmate to be informed, of:
(a) the correctional centre rules, and
(b) the inmate’s obligations as to discipline and conduct, and
(c) the inmate’s rights as to legal representation and appeal, and
(d) the authorised methods of seeking information and making complaints, and
(e) the functions of the Review Council under sections 19–22 of the Act relating to the segregation of inmates, and
(f) any other matter necessary to enable the inmate to understand the inmate’s rights and obligations and adapt to living in the correctional centre.
If practicable, the inmate is to be informed of the matters by being handed a document in which information relating to each of them is written in a language which the inmate can read and understand.
If it is impracticable to hand to the inmate such a document, the inmate is to be considered as having been informed of the matters:
(a) if the inmate, being able to read and understand the English language, is permitted to have access to a copy of the Act, this Regulation and any other relevant material, or
(b) if the inmate, not being able to read or understand the English language, is given information relating to each of those matters:
(i) orally in the English language or, if not able to understand that language, in a language which the inmate can understand, or
(ii) if not able to understand any language communicated orally, in any other manner that enables the inmate to understand the information.
The governor of a correctional centre is to ensure that, as soon as practicable after an inmate is directed to be segregated under section 10 of the Act, the inmate is provided with information concerning the inmate’s rights under the Act to a review of any extension of that period of segregation that may be directed by the Commissioner.
As soon as possible after an inmate who is a national of another country is received into a correctional centre, the governor of the correctional centre must inform the inmate or cause the inmate to be informed that, if the inmate so requests, the consular representative of that country will be informed of the inmate’s imprisonment.
If the inmate makes such a request, the governor must inform the consular representative without delay.
An inmate’s property which has been retained by the governor of a correctional centre following its surrender by the inmate on being received into the correctional centre may be issued to the inmate if, in the governor’s opinion, the issue does not constitute a security or safety risk.
The property may be issued on condition that it only be dealt with in a manner approved by the governor.
The inmate must deal with any such property only in such manner as is approved by the governor.
Maximum penalty (subclause (3)): 5 penalty units.
A record must be kept of all property surrendered by an inmate on being received into a correctional centre, setting out:
(a) details of the property surrendered, and
(b) the date received and the date of disposal, and
(c) the inmate’s receipt for the property when received or disposed of by the inmate, and
(d) any other incidental particulars.
Any property of an inmate brought to a correctional centre by:
(a) a police or correctional officer, or
(b) any other person of a class specified by the Commissioner,
at the time of the reception of the inmate is to be given into the charge of the governor of the correctional centre.
The governor of a correctional centre may receive money, valuables or other property sent to the correctional centre to or for an inmate.
Any property so given or received must be dealt with by the governor as if the property had been surrendered by the inmate on being received into the correctional centre.
The governor of a correctional centre is not to receive into custody under this clause any property which, in the opinion of the governor, might constitute a security or safety risk at the correctional centre.
In this clause:
The governor of a correctional centre may permit an inmate to keep approved personal property at the correctional centre if, in the governor’s opinion, the keeping of the property does not constitute a security or safety risk.
Any property kept by an inmate must be kept in a tidy and orderly manner and so as not to impede a search of the inmate’s cell, room or hut.
Any personal property of an inmate which, in the opinion of the governor of the correctional centre, is kept or used in such a manner as to be a security or safety risk may be confiscated by the governor.
The governor is to keep a record of property confiscated under this clause.
Property confiscated under this clause may be disposed of by the governor in accordance with any reasonable request made by the inmate.
An inmate must not have in possession at any time after admission to a correctional centre any money or article (other than money or an article authorised by the governor of the correctional centre to be kept by the inmate).
Any unauthorised money or article found in the possession of an inmate after admission to a correctional centre may be confiscated by the governor of the correctional centre.
For the purposes of this clause, an inmate has money or an article in possession if the inmate has the money or article in the inmate’s custody or under the inmate’s control.
For the purposes of section 75 of the Act, unclaimed property, or unauthorised property which is confiscated, may be sold by the Commissioner by public auction.
The proceeds of any sale are to be dealt with as if they were unclaimed money held by the Commissioner.
If the Commissioner intends to sell property by public auction:
(a) notice of the auction is to be published in the Gazette, and
(b) in the case of unclaimed property, a notice of the auction is to be sent by post:
(i) to the person who surrendered the property, at the person’s address last known to the Commissioner, or
(ii) if the person is known by the Commissioner to be dead, to any next of kin known to the Commissioner.
The property of an inmate transferred from one correctional centre to another is to be transferred by the governor of the former correctional centre to the custody of the governor of the new correctional centre, together with such inventories and records as may be directed by the Commissioner.
If the property of the inmate is a condom, the governor of the new correctional centre is not to permit the inmate to keep the condom at the correctional centre unless the new correctional centre is a correctional centre in which condoms are made available under clause 56A.
The Commissioner is to determine the hours of work and general routine for each correctional centre.
The Commissioner may determine different hours of work or general routines for different parts of a correctional centre.
The governor of a correctional centre is to ensure that a notice setting out the hours of work and general routine is exhibited in a conspicuous position where it may be read by inmates in the correctional centre or part of the correctional centre to which it relates.
The Commissioner may require the hours of work and general routine for a correctional centre to be published in such other manner as the Commissioner thinks fit.
An inmate must comply with the hours of work and general routine for the correctional centre or part of the correctional centre in which the inmate is detained.
Subclause (1) does not authorise an inmate to contravene any lawful requirement made of the inmate by the Commissioner or a correctional officer.
An inmate must not refuse or neglect to attend promptly at any place designated by the governor of the correctional centre, either generally or in a particular case, as a place for mustering inmates:
(a) when required orally to do so by the governor or a correctional officer, or
(b) when a bell, hooter, siren or whistle used to indicate that a muster of inmates is required is sounded (being a bell, hooter, siren or whistle that is capable of being heard at the place where the inmate is).
An inmate must not operate a bell, hooter, siren or whistle used:
(a) to indicate that a muster of inmates is required, or
(b) for giving notice of a fire or fire drill, or
(c) for giving notice of any other routine or emergency at a correctional centre,
unless the inmate is authorised to do so by the governor or a correctional officer or does so with another reasonable excuse.
An inmate must not pretend to be ill or injured for the purpose of avoiding an obligation imposed by or under the Act or this Regulation.
(Repealed)
An inmate must be supplied each day with food in accordance with a diet designed to provide a dietary intake generally in accordance with the dietary intakes recommended for the time being, and published, by the National Health and Medical Research Council.
The diet must:
(a) be varied, and
(b) provide adequate amounts of each essential nutrient from basic foods, and
(c) be planned to ensure optimal nutritional health.
The diet of an inmate having special dietary needs is to be planned having regard to those needs.
The correctional centre medical officer may authorise the variation of an inmate’s diet if the variation is warranted on medical grounds.
The governor of a correctional centre may permit an inmate to purchase food available for purchase at the correctional centre or outside the correctional centre.
An inmate must not purchase an item consisting of or containing food if the governor of the correctional centre has banned the item as representing a threat to the security, discipline or good order of the correctional centre.
The governor must cause any such ban to be notified:
(a) on notice boards within the correctional centre which are accessible to inmates, and
(b) to the Commissioner, together with the reason for imposing the ban.
An inmate must not receive or have in possession food that is not supplied by the correctional centre or otherwise authorised under this Part.
An inmate wishing to complain about the quantity or quality of the food supplied by the correctional centre must do so as soon as possible after receiving it.
The inmate is responsible for substantiating the complaint.
A civil inmate may arrange, with the approval of the governor of the correctional centre, for the inmate’s food to be supplied from outside the correctional centre.
The quantity and type of food are subject to the approval of the governor.
The food is to be in substitution for and not in supplementation of the food supplied in the correctional centre.
An inmate supplied with food from outside the correctional centre must ensure that none of it is received by another inmate.
An inmate must obey directions given by or with the authority of the governor of the correctional centre, either generally or individually, in regard to washing, bathing, shaving and the cutting of hair.
An inmate must keep the inmate’s cell, utensils, clothing, bedding and any other issued articles clean, tidy and in good order and in accordance with any direction given by or with the authority of the governor of the correctional centre.
An inmate must not wilfully damage, destroy or deface the inmate’s cell.
An inmate must not dispose of, or wilfully alter, damage or destroy, any clothing, bedding or other article issued to the inmate.
Any food, personal effects or articles of clothing belonging to an inmate at a correctional centre may be destroyed if the correctional centre medical officer considers it necessary for the maintenance of hygiene.
Before any such property is destroyed, the governor of the correctional centre must, if practicable, cause the inmate to be informed of the proposed destruction and the reason.
Dental treatment, optical treatment and hearing aids and other artificial medical appliances are to be supplied to inmates in such manner and to such extent as the Chief Executive Officer, Corrections Health Service, from time to time determines.
(Repealed)
Every inmate (except those confined to cells under the Act) is to be allowed not less than 2 hours each day for exercise in the open air.
An inmate confined to a cell is to be allowed not less than 1 hour each day for exercise in the open air.
A convicted inmate must at all times (unless otherwise authorised by the governor of the correctional centre) wear the uniform clothing issued to the inmate and no other clothing.
Subclause (1) also applies to an unconvicted inmate or a civil inmate who does not wear his or her own clothing.
An unconvicted inmate or a civil inmate may be permitted by the governor of the correctional centre to wear his or her own clothing and have necessary changes of clothing supplied from time to time if:
(a) the clothing is sufficient and suitable in the opinion of the governor, and
(b) the clothing is not clothing that is used for the purpose of administration of justice, and
(c) the clothing is not uniform clothing of the Armed Services.
Any such clothing is to be disinfected, laundered or otherwise cleaned if and when it is, in the opinion of the governor, necessary.
Unconvicted inmates and civil inmates may be required by the governor or a correctional officer to keep clean the yards and other sections occupied by them.
An unconvicted inmate or civil inmate must comply with any such requirement.
The Commissioner may direct that condoms be made available to inmates in a correctional centre or correctional centres nominated by the Commissioner.
Condoms (together with plastic disposal bags) are to be made available free of charge in any such correctional centre:
(a) from a condom dispensing machine that is located in the correctional centre and installed there with the approval of the governor of the correctional centre, or
(b) by any other means permitted by the governor of the correctional centre.
One or more condom disposal units are to be installed, with the approval of the governor, in any such correctional centre for the use of the inmates.
An inmate must not possess any condom unless:
(a) the condom was obtained by the inmate from a condom dispensing machine located in the correctional centre in which the inmate is imprisoned and installed there with the approval of the governor of the correctional centre, or
(b) the condom was obtained by the inmate by any other means permitted by the governor of that correctional centre, or
(c) the condom was issued to the inmate under clause 29.
An inmate must not use or threaten to use any condom:
(a) as a weapon, or
(b) for any other purpose except sexual activity with another consenting inmate in a correctional centre cell.
An inmate who uses any condom for sexual activity must, as soon as is reasonably practicable after its use, dispose of the condom.
An inmate must not dispose of a condom (whether used or unused) other than in the authorised manner.
For the purposes of this clause, a condom is disposed of in the authorised manner if:
(a) the condom is placed in a plastic disposal bag from a condom pack obtained from a condom dispensing machine or is placed in a plastic disposal bag obtained by any other means permitted by the governor, and
(b) the plastic bag containing the condom is placed in a condom disposal unit installed in the correctional centre with the governor’s approval.
Provision may be made by the Commissioner for programs directed to the social, academic, cultural, craft and linguistic needs or interests of inmates.
Persons nominated by the Commissioner who are not officers of the Department may be employed to conduct those programs.
A person employed to conduct a program is subject to:
(a) in respect of any matter affecting the security or good order of the correctional centre—the directions of the governor of the correctional centre, and
(b) in respect of the nature and scope of the education syllabus and the method of instruction—the directions of such officer as may from time to time be designated by the Commissioner to supervise the educational activities of inmates.
The Commissioner may also use correctional officers to conduct programs.
Provision may be made in a correctional centre for the vocational training of inmates and for the practical training (supplemented by theoretical study by correspondence or otherwise) of inmates.
The training and study are to be as determined from time to time by the Commissioner.
The Commissioner is to give special attention to the education and training of inmates who are young or illiterate.
During the time an inmate is participating in or attending a class or activity forming part of a program or training provided under this Part, the inmate must comply with any lawful and reasonable direction of the person employed to conduct the program or training.
An inmate may purchase books, newspapers, magazines or other printed material:
(a) which it is lawful for the inmate to purchase at any place in New South Wales outside a correctional centre, and
(b) from which it could not reasonably be expected that the inmate may obtain information the use of which could give rise to a security or safety risk.
An inmate may keep books, newspapers, magazines and other printed material in the inmate’s cell, room or hut if there are suitable and adequate facilities for storing them and they are stored in a tidy and orderly manner.
If the governor of the correctional centre is of the opinion that the keeping by the inmate of any book, newspaper, magazine or other printed material may give rise to a security or safety risk, the book, newspaper, magazine or other printed material may be confiscated by the governor.
Any confiscated book, newspaper, magazine or other printed material may:
(a) be treated and dealt with as if it were property surrendered on reception into a correctional centre, or
(b) be disposed of by the governor in such a manner as is reasonable in the circumstances (taking into account the nature of the material).
The Commissioner must cause any library at a correctional centre to be maintained.
The governor of a correctional centre must cause a copy of the library rules set out in Schedule 2 to be exhibited in any library at the correctional centre in such a position that they may be read by inmates using the library.
The governor may cause copies of the library rules to be exhibited in other places in the correctional centre so that they may be read by inmates who may wish to use a library at the correctional centre.
Any inmate may, subject to the library rules, use the facilities of a library at the correctional centre unless the inmate has been refused access to the library under this Regulation.
The governor of a correctional centre who has reasonable grounds to believe that an inmate may misuse the facilities of a correctional centre library may refuse the inmate access to the library for such period as the governor determines.
The inmate must not use the facilities of the library during any such period.
An inmate who borrows an item from a correctional centre library must not, without reasonable excuse:
(a) fail to return the item by the date on which it is due to be returned, or
(b) return the item in a worse condition than it was in when borrowed.
In this Part:
The Commissioner, on the recommendation of the appropriate authority for a religious denomination, may, by instrument in writing, appoint a cleric of that denomination to be full-time or part-time chaplain to inmates and correctional officers at a correctional centre.
The Commissioner may, at any time, by instrument in writing, revoke such an appointment.
With the approval of the Commissioner, a correctional centre chaplain may:
(a) when visiting the correctional centre, be accompanied by not more than 4 assistants, being clerics or lay persons who are wholly or partly engaged in duties of a religious nature, and
(b) arrange for inmates to be visited by persons suitably qualified in counselling, vocational guidance or other services, and
(c) authorise, in writing, another cleric to act as correctional centre chaplain during the chaplain’s absence.
A person authorised to act for a correctional centre chaplain is to be treated for the purposes of this Part as a correctional centre chaplain.
An approval under subclause (1) may be given subject to conditions.
A correctional centre chaplain is answerable to the Commissioner for the conduct of any person who accompanies the chaplain when visiting a correctional centre.
A correctional centre chaplain is responsible for the spiritual care of inmates at the correctional centre.
A correctional centre chaplain’s functions include:
(a) as frequently as is reasonable, visiting inmates who are sick or confined to cell or segregated from other inmates, and
(b) when requested to do so by the governor of the correctional centre, visiting an inmate of the chaplain’s religious denomination (or arranging for the inmate to be visited by another cleric of that denomination) where the inmate is suffering from an injury or illness which is likely to be fatal.
A correctional centre chaplain may:
(a) on Sundays or other recognised days of religious observance, and on such other days as the governor of the correctional centre may permit, hold or conduct:
(i) Divine services or such other rites, services or assemblies as pertain to the chaplain’s religious denomination, or
(ii) with the permission of the governor, combined services in association with clerics of other denominations, and
(b) at their request, give counsel and advice to the relatives and friends of an inmate, and
(c) with the consent of:
(i) the inmate, and
(ii) if a chaplain of the inmate’s religious denomination has been appointed to the correctional centre—that chaplain,
minister to an inmate who is not of the chaplain’s religious denomination, and
(d) with the approval of the Commissioner, pursue such other matters as the chaplain considers to be in the interests of the welfare of inmates at the correctional centre.
A correctional centre chaplain may, at all reasonable times (but not so as to disturb the ordinary routine of the correctional centre), visit the correctional centre.
The chaplain is to have free and independent access to inmates of the chaplain’s religious denomination for the purpose of private and confidential religious ministrations.
With the approval of the Commissioner, a cleric may, if no chaplain of the cleric’s denomination has been appointed to a correctional centre, visit the correctional centre and, during the visit, have access to inmates of that denomination as if the cleric were their chaplain.
If an inmate objects to being visited by a chaplain or another cleric, the objection is to be fully respected.
The governor of a correctional centre must, on request by an inmate who is of a religious denomination for which no chaplain has been appointed to the correctional centre, endeavour to arrange for the inmate to be visited by a cleric of that denomination.
An inmate, on reception into a correctional centre, must state his or her religious denomination or, if of no religious denomination, state that fact.
A record is to be kept at a correctional centre of each inmate’s religious denomination or of the fact that an inmate is of no religious denomination.
An inmate who desires to become a member of a religious denomination (or, if already recorded as being a member of a religious denomination, of another religious denomination) may notify the governor of the correctional centre in writing:
(a) setting out the reasons for desiring to become such a member, and
(b) requesting that the inmate’s record be amended accordingly.
The governor, if satisfied (after consultation with the correctional centre chaplains) that the inmate has been properly counselled in relation to the request and that it has been made in good faith, is to direct that the record be amended.
For the purposes of this Part, an inmate is to be treated as being of the religious denomination (if any) for the time shown in the records kept under this clause.
The governor of a correctional centre, on request by a correctional centre chaplain, must inform the chaplain of the names of all inmates of the chaplain’s religious denomination at the correctional centre.
Correctional officers, where practicable, are to encourage inmates to participate in the religious observances of their religious denominations (but not so as to offer or impose any inducement or sanction with respect to any such participation).
An inmate may attend at the correctional centre:
(a) Divine services or such other rites, services or assemblies as pertain to the inmate’s religious denomination, and
(b) with the approval of the governor of the correctional centre, services of other religious denominations, and
(c) combined services held by clerics of the inmate’s religious denomination in association with clerics of other denominations.
Religious books, recognised objects of religious devotion and similar items belonging to an inmate are to be treated as approved personal property acquired with the permission of the governor of the correctional centre.
A correctional centre chapel or a part of a correctional centre that is used for the holding or conducting of Divine services or other religious rites, services or assemblies may be used for such other purposes as may be determined by the Commissioner after consultation with the correctional centre chaplains.
The governor of a correctional centre at which there is no chapel must, on request by a correctional centre chaplain, make available a suitable part of the correctional centre for the holding or conducting of Divine services or other religious rites, services or assemblies.
The governor of a correctional centre must, on request by a correctional centre chaplain, make available suitable facilities for the safekeeping of communion tables, vestments, religious books and other objects used in connection with Divine services or other religious rites, services or assemblies.
A person must not, at a correctional centre, desecrate or abuse any communion tables, vestments, religious books or other objects used in connection with Divine services or other religious rites, services or assemblies.
Maximum penalty (subclause (4)) except in the case of a correctional centre offence: 5 penalty units.
With the approval of the Commissioner, a correctional centre chaplain may:
(a) attend meetings of any committee concerned with the management of the correctional centre, and
(b) at any such meeting, offer advice in relation to the welfare of inmates.
A correctional centre chaplain is not entitled to vote on any motion or proposal put before such a committee or otherwise participate in its decisions.
The correctional centre chaplains, in collaboration with the Commissioner and the appropriate authorities for the various religious denominations, may assist in:
(a) the development of community support for corrective services in the State, and
(b) the development and extension of chaplaincy services in correctional centres in the State.
The Commissioner, in consultation with the correctional centre chaplains and the appropriate authorities for the religious denominations, is to review from time to time the effectiveness of the chaplaincy services in correctional centres in the State.
If the Commissioner considers that it would be prejudicial to the maintenance of security, good order or discipline in a correctional centre to allow:
(a) a particular cleric, or
(b) a cleric of a particular religious denomination,
to visit the correctional centre, the Commissioner may refuse to allow the cleric or any such cleric to visit the correctional centre.
The governor of a correctional centre may permit a person to visit an inmate at the correctional centre.
The periods during which a person may visit an inmate at a correctional centre are as determined by the Commissioner.
The governor is to ensure that the visiting hours are clearly displayed on a notice outside the correctional centre.
If it is not practicable for a person to visit an inmate during visiting hours, the governor may (subject to the convenience of the routine of the correctional centre) permit a visit outside those hours.
A visit to an inmate is to be permitted to continue for not less than 30 minutes (unless it is terminated under the Act or this Regulation or it extends beyond visiting hours).
An unconvicted inmate may be visited once immediately after reception into a correctional centre and afterwards twice weekly.
An appellant or convicted inmate may be visited once immediately after conviction and afterwards at such intervals as the governor of the correctional centre determines in respect of the class of inmates concerned.
A civil inmate may be visited daily, for such number of times as the governor of the correctional centre may permit.
The governor of a prison may permit additional visits to a prisoner who has been reported by the prison medical officer to be dangerously ill.
The governor of a prison may, in any other case which the governor considers appropriate, permit additional visits to a prisoner.
Not more than 4 visitors, or such other number of visitors as the governor of the correctional centre from time to time determines in respect of the inmate, may be present with an inmate at the same time.
The governor of a correctional centre may, subject to this Regulation, permit an inmate to receive such visits from the inmate’s family or friends as, in the governor’s opinion, would be conducive to the rehabilitation of the inmate.
The Commissioner may visit and must be admitted to a correctional centre at any time.
No other person may be admitted to a correctional centre without the prior authority of the Commissioner, except:
(a) the Minister, a correctional officer employed at the correctional centre or an Official Visitor for the correctional centre,
(b) any person authorised to visit and examine a correctional centre by section 229 of the Act (a Supreme or District Court Judge or a Magistrate).
The governor of a correctional centre may, in addition to other visits authorised by this Regulation, authorise an officer of the Crown (including a police officer) to visit a correctional centre or an inmate if satisfied that the visit is to be made while the officer is engaged on official duties.
An inmate may refuse to receive a visitor (other than an officer of the Crown, including a police officer, on official duties).
An inmate who is confined to cell is not entitled to be visited except in the case of:
(a) a visit to discuss or transact legal business, or
(b) a visit by a diplomatic or consular representative, or
(c) a visit by a field officer of the Aboriginal Legal Service or any similar organisation approved by the Commissioner, or
(d) a visit by an officer of the Crown (including a police officer) on official duties.
The governor of a correctional centre must, in relation to each visit to an inmate, keep or cause to be kept a record of:
(a) the date of the visit, and
(b) the name of the inmate, and
(c) the name and address of each visitor, and
(d) the relationship between each visitor and the inmate, and
(e) the authority for the visit, and
(f) the name of the correctional officer who supervised the visit.
Copies of the records of visits may be maintained by the Commissioner in such manner and for such period as the Commissioner sees fit.
In addition to any other visit authorised by this Regulation, an inmate is entitled to be visited by the inmate’s barrister or solicitor.
An inmate who is a national of a foreign country or foreign state may, in addition to any other visits authorised by this Regulation, be visited by a person who is:
(a) a diplomatic or consular representative in Australia or New South Wales of the foreign country or foreign state, or
(b) a diplomatic or consular representative in Australia or New South Wales of another foreign country or foreign state that assumes responsibility for the inmate’s interests, or
(c) if the person is a refugee or stateless person, a representative of a national or international organisation that has as an object the protection of the interests of such an inmate.
An inmate who is an Australian aborigine may, in addition to other visits authorised by this Regulation, be visited by a person who is:
(a) a field officer of the Aboriginal Legal Service, or
(b) a field officer of any other organisation that provides legal or other assistance to Australian aboriginal people and that is approved by the Commissioner.
A prior appointment for a visit under this Division must have been made with the governor of the correctional centre.
Visits to an inmate under this Division are not to be restricted in duration or number but must be made during normal visiting hours.
The governor of a correctional centre may extend normal visiting hours to permit such a visit if, in the governor’s opinion:
(a) it is convenient and practicable to do so, and
(b) the governor is able to make satisfactory security arrangements.
A visitor’s permit may be issued authorising a person to visit a specified correctional centre for any official, scientific, religious, sociological or other purpose approved by the Commissioner.
A visitor’s permit may be issued by the Commissioner or a person authorised by the Commissioner for the purpose.
A visitor’s permit may be issued unconditionally or subject to conditions specified in the permit.
An application for a visitor’s permit is to be made in writing to the Commissioner or a person authorised by the Commissioner to issue the permit and the decision of the Commissioner or the person on whether to grant the permit is final.
The Commissioner or the person authorised by the Commissioner to issue the permit may cancel a visitor’s permit at any time.
A person to whom a visitor’s permit is issued must return it to the Commissioner as soon as the permit expires or is cancelled.
Maximum penalty: 5 penalty units.
A person to whom a visitor’s permit is issued:
(a) is not entitled to visit a correctional centre without the prior approval of the governor of the correctional centre or an authorised correctional officer, and
(b) must, before the visit takes place, inform the governor of the correctional centre or an authorised correctional officer of the purpose of the visit.
A person to whom a visitor’s permit is issued:
(a) must not enter any part of a correctional centre to which entry is forbidden by the governor of the correctional centre or the correctional officer supervising the visit, and
(b) must comply with any reasonable direction given by the correctional officer supervising the visit.
A person to whom a visitor’s permit is issued must not, during a visit to a correctional centre, communicate with an inmate or periodic detainee without the prior approval of the governor of the correctional centre or an authorised correctional officer.
Maximum penalty: 5 penalty units.
A person permitted by a visitor’s permit to visit a correctional centre may, at the discretion of the governor of the correctional centre or an authorised correctional officer, be allowed to have physical contact with an inmate.
The governor of a correctional centre or an authorised correctional officer may refuse to allow a visitor to a correctional centre or to an inmate to proceed with the visit (whether or not the visitor is entitled to visit the correctional centre or inmate) if:
(a) when required by the governor or officer to do so, the visitor fails to produce evidence of identity or place of residence that the governor or officer considers to be adequate, or
(b) the visitor does not state the purpose of the visit when required by the governor or the officer to do so.
A person must not produce any evidence in response to a requirement under subclause (1) (a) knowing the evidence is false or misleading in a material particular.
Maximum penalty: 10 penalty units.
If a visitor is prevented from proceeding with a visit, the governor or correctional officer must cause the reason for the refusal to be recorded and reported to the Commissioner.
The governor of a correctional centre, an authorised correctional officer or the principal security officer may require a visitor to a correctional centre or to an inmate to make available for inspection and search any vehicle under the visitor’s control that is on the premises of the correctional centre or correctional complex.
The governor of a correctional centre, an authorised correctional officer or principal security officer may refuse to allow the visitor to proceed with the visit, if the visitor refuses to submit to the inspection or search required under this clause.
Under clause 114 of this Regulation the Commissioner may direct, in writing, that a person specified in the direction be prevented:
(a) from entering every correctional centre or correctional complex in the State, and
(b) from visiting any or all inmates at every such correctional centre or correctional complex,
if the Commissioner is satisfied that the security, discipline or good order of any one or more correctional centres or correctional complexes would be adversely affected if the person were to be permitted to visit them.
If a visitor is prevented from proceeding with a visit, the governor or officer concerned must cause details of the refusal of the visit and the reasons to be recorded and reported to the Commissioner.
The governor of a correctional centre, an authorised correctional officer or the principal security officer may require a visitor to the correctional centre or an inmate:
(a) to submit to a search of personal possessions or to a search from head to foot by the use of hand-held scanning devices, or to both those searches, or
(b) to empty the contents of all pockets in the visitor’s clothing.
The power of the principal security officer under subclause (1) may be exercised only if the Commissioner approves.
Except as otherwise provided by this Regulation or as permitted by the governor of the correctional centre or an authorised correctional officer, a visitor to an inmate or a correctional centre must, while the visit is taking place, leave:
(a) personal possessions, and
(b) any other articles brought into the correctional centre by the visitor,
in storage facilities provided for the purpose at the correctional centre.
The governor of a correctional centre or an authorised correctional officer may refuse to allow a visitor to an inmate or a correctional centre to proceed with the visit if the visitor:
(a) refuses to submit to a search required under this clause, or
(b) fails to leave property in storage as required by this clause.
If a visitor is prevented from proceeding with a visit, the governor or officer concerned must cause details of the refusal of the visit and the reasons to be recorded and reported to the Commissioner.
A person who is visiting a correctional centre or an inmate must not:
(a) smoke in a non-smoking area, or
(b) alter, damage or remove any sign or notice relating to a non-smoking area.
Maximum penalty: 1 penalty unit.
A person who is visiting a correctional centre or correctional complex, or who is visiting an inmate at a correctional centre or correctional complex, must not take photographs or operate video or audio recording equipment without the prior approval of the Commissioner.
Maximum penalty: 20 penalty units.
The Commissioner may confiscate any film, tape or other recording taken or made by a person in contravention of this clause.
The Commissioner may destroy any part of a confiscated film, tape or recording which the Commissioner is satisfied is likely to adversely affect the security of the correctional centre or correctional complex or place the personal safety of a person at risk.
Any part of the film, tape or recording which the Commissioner is satisfied is not likely to adversely affect the security of the correctional centre or correctional complex or place the personal safety of a person at risk must be returned to the person from whom it was taken.
Before returning any film, tape or recording, the Commissioner may charge the person for payment of any costs incurred in processing or developing it.
Except as otherwise provided by this Part:
(a) a visitor to a correctional centre or to an inmate at a correctional centre must not convey or deliver to or receive from an inmate at the correctional centre an article of any kind, and
(b) an inmate at a correctional centre must not convey or deliver to or receive from a visitor to the correctional centre, to the inmate or to any other inmate at the correctional centre an article of any kind.
With the approval of the governor of a correctional centre or an authorised correctional officer:
(a) a visitor to the correctional centre or to an inmate at the correctional centre may deliver an article to a correctional officer at the correctional centre for delivery to an inmate at the correctional centre, or
(b) an inmate at the correctional centre may deliver an article to a correctional officer at the correctional centre for delivery to a visitor to the correctional centre, to that inmate or to another inmate at the correctional centre.
The Commissioner may direct that a person, for such period as the Commissioner considers appropriate, be prevented from having physical contact with an inmate if the Commissioner has reasonable grounds to suspect that the person is likely to introduce into a correctional centre:
(a) property which an inmate is not authorised by this Regulation to possess, or
(b) money or any other thing the acquisition, keeping or use of which by the inmate would, in the opinion of the Commissioner, be likely to adversely affect the security, discipline or good order of the correctional centre.
While such a direction is in force, the governor must refuse to allow the person to whom the direction relates to visit the correctional centre or an inmate at the correctional centre unless the person is effectively prevented (by the use of screens or otherwise) from having physical contact with any inmate.
The governor of a correctional centre or an authorised correctional officer may permit a visit to proceed only while a visitor is effectively prevented by the use of screens or otherwise from having physical contact with any inmate if the governor or correctional officer knows or has reasonable cause to suspect that the visitor has in his or her possession:
(a) property which an inmate is not authorised by this Regulation to possess, or
(b) money or any other thing the acquisition, keeping or use of which by an inmate would, in the opinion of the governor or correctional officer, be likely to adversely affect the security, discipline or good order of the correctional centre.
If a visitor is prevented from proceeding with a visit, the governor or officer concerned must cause details of the refusal of the visit and the reasons to be recorded and reported to the Commissioner.
A visit must take place within sight of a correctional officer.
Subclause (1) does not prevent the governor of the correctional centre from permitting a visit to take place outside the sight of a correctional officer if it is a visit to an inmate by:
(a) an officer of the Crown, or
(b) a member of a civil rehabilitation committee approved by the Commissioner (being a member to whom the inmate has been referred by a parole officer).
Subclause (1) does not prevent a person permitted by this Regulation to visit a correctional centre to conduct research from being afforded, at the discretion of the Commissioner, facilities to interview, talk to and examine an inmate out of sight of a correctional officer.
A correctional officer must not, without the written permission of the inmate, use a listening or recording device to overhear or record a conversation between an inmate and a visitor.
The governor of a correctional centre or an authorised correctional officer may inspect or examine, but not read, documents or other recorded material taken into the correctional centre by a barrister or solicitor for the purpose of discussing or transacting legal business.
The governor of a correctional centre must ensure that arrangements are made for an inmate and the inmate’s barrister or solicitor to have joint access to documents or other recorded material taken into the correctional centre for the purpose of discussing or transacting legal business.
The governor of a correctional centre may refuse to allow a visit to the correctional centre or to an inmate if, in the opinion of the governor, the security, discipline or good order of the correctional centre may be adversely affected if the visit were permitted.
If, in the opinion of the correctional officer supervising a visit to a correctional centre or to an inmate:
(a) the visitor or inmate has committed a breach of the Act or this Regulation, or
(b) the visitor or inmate has acted in an offensive, unseemly, indecent or improper manner, or
(c) the security, discipline or good order of the correctional centre may be adversely affected if the visit were to continue,
the officer may terminate the visit and remove the visitor from the correctional centre.
A correctional officer is to report to the governor of the correctional centre any action taken by the officer under subclause (2).
The governor of the correctional centre must keep or cause to be kept a record of each refusal of a visit under subclause (1) and each termination of a visit under subclause (2) and the reasons for the refusal or termination.
The governor of a correctional centre or an authorised correctional officer who has reasonable cause to believe that a visitor to the correctional centre or to an inmate is under the influence of alcohol or a drug may refuse to allow the visit.
A person not otherwise authorised by this Regulation to be admitted to a correctional centre must not be admitted to the correctional centre without the prior authority of the Commissioner.
The Commissioner may direct, in writing, that a person specified in the direction be prevented:
(a) from entering every correctional centre or correctional complex in the State, and
(b) from visiting any or all inmates at every such correctional centre or correctional complex,
if the Commissioner is satisfied that the security, discipline or good order of any one or more correctional centres or correctional complexes would be adversely affected if the person were to be permitted to visit that or those correctional centres or correctional complexes.
Any such direction has effect for such period as the Commissioner considers appropriate and may be revoked by the Commissioner at any time.
Despite any such direction being in force, the Commissioner may, in such circumstances as the Commissioner considers appropriate, permit the person to whom the direction applies to visit a particular correctional centre, correctional complex or inmate in accordance with the provisions of this Part.
In this Division:
(a) a correctional officer appointed by the governor of a correctional centre to be an authorised officer for the purposes of this Division, or
(b) the principal security officer, or
(c) a correctional officer appointed by the principal security officer to be an authorised officer for the purposes of this Division.
Subject to this Division, inmates may send letters or parcels to, and receive letters or parcels from, persons who are not imprisoned.
Subject to this Division, an inmate may communicate by correspondence with an inmate of another correctional centre.
An inmate must not send or receive any letter or parcel otherwise than through the hands of the governor of the correctional centre or an authorised correctional officer.
Except as otherwise provided by this Division, a letter sent to or by an inmate is not to be censored.
An inmate must not send or attempt to send from a correctional centre a letter or parcel that contains any written or pictorial matter that is indecent, obscene, abusive, threatening or offensive or any article that is indecent, obscene or offensive.
In this clause:
If an inmate delivers to a correctional officer or the governor of a correctional centre a privileged letter or parcel:
(a) the correctional officer or governor must send the letter or parcel immediately to the addressee, and
(b) the letter or parcel must not be opened, inspected or read by anyone except the person to whom it has been addressed or some person authorised by that person.
A letter addressed to an inmate by:
(a) the Ombudsman, or
(b) the Commonwealth Ombudsman, or
(c) the Judicial Commission, or
(d) the National Crime Authority, or
(e) the New South Wales Crime Commission, or
The governor of the correctional centre must, before the interview, give or cause to be given to the inmate an opportunity to inspect:
(a) any of the inmate’s personal property which is in the governor’s custody, and
(b) any official correctional centre records relating to money belonging to the inmate.
An inmate about to be released from a correctional centre who, on inspection of personal property in the custody of the governor of the correctional centre and the inmate’s official correctional centre records, wishes to complain about the condition of, or any deficiency in, the property or any mistake in the records may deliver a written complaint to the governor of the correctional centre or a correctional officer.
A correctional officer who receives such a complaint must, without unnecessary delay, convey it to the governor of the correctional centre.
Maximum penalty: 5 penalty units.
The governor of the correctional centre must:
(a) investigate (or cause to be investigated) any complaint received, and
(b) report the result (or cause it to be reported) to the inmate at the inmate’s pre-release interview.
If it is brought to the attention of the governor:
(a) that the result of any such investigation is not to the satisfaction of the inmate, or
(b) that any such investigation has not been completed before the release of the inmate,
the governor must, without unnecessary delay, notify the Commissioner of the complaint and the result of the investigation, or the fact that the investigation has not been completed.
An inmate must sign a receipt for any personal property or money delivered to the inmate immediately before release from a correctional centre.
An inmate must, immediately before release from a correctional centre, return to a correctional officer authorised by the governor of the correctional centre for the purpose all Departmental property (including library material, clothing and equipment) issued to the inmate.
An inmate who is not able to comply with subclause (1) must explain the inability to comply to the authorised correctional officer.
Maximum penalty (subclause (2)): 5 penalty units.
In this Part:
For the purposes of this Part, an inmate has a thing in possession if the inmate has the thing in the inmate’s custody or under the inmate’s control.
A contravention by an inmate (whether by act or omission) of:
(a) a provision of this Regulation specified in Part 1 or 2 of Schedule 3, or
(b) a condition of an interstate leave permit, a local leave order or a local leave permit,
is declared to be a correctional centre offence for the purposes of Division 6 of Part 2 of the Act.
A contravention by an inmate (whether by act or omission) of a provision of this Regulation specified in Part 1 of Schedule 3 is declared to be a major offence for the purposes of Division 6 of Part 2 of the Act.
Order and discipline in a correctional centre are to be maintained with firmness, but with no more restriction or force than is required for safe custody and well-ordered community life within the correctional centre.
In the control of inmates, correctional officers are required to seek to influence them through their own example and leadership and to enlist their willing cooperation.
At all times the treatment of inmates is to be such as to encourage their self-respect and a sense of personal responsibility.
The Commissioner, the governor of a correctional centre or a correctional officer may give oral or written directions to inmates for the purpose of maintaining good order or discipline.
An inmate must not refuse or fail to comply with any such reasonable direction.
In dealing with an inmate, a correctional officer or correctional officers must use no more force than is reasonably necessary in the circumstances, and the infliction of injury on the inmate is to be avoided if at all possible.
The extent and nature of the force will be dictated by the situation and must be limited to that essential for the purposes of control and protection, but with due regard to the personal safety of correctional officers and others.
If an inmate is satisfactorily restrained, force must not be used against the inmate except any force necessary to maintain that restraint.
A correctional officer must not act deliberately in a manner calculated to provoke an inmate.
A correctional officer may have recourse to force for the following purposes:
(a) to search, where necessary, an inmate or to seize a dangerous or harmful article,
(b) to prevent the escape of an inmate,
(c) to prevent an unauthorised attempt to enter a correctional centre by force or to free an inmate,
(d) to defend himself or herself if attacked or threatened with attack, if the officer cannot otherwise protect himself or herself from harm,
(e) to protect other persons, including correctional officers, inmates, administrative officials, and members of the public from attack or harm, if there are no other immediate or apparent means available for their protection,
(f) to avoid an imminent attack on the correctional officer or some other person, if there is a reasonable apprehension of such an attack,
(g) to prevent an inmate from injuring himself or herself,
(h) to ensure compliance with a proper order, or maintenance of discipline, if an inmate is failing to cooperate with a lawful correctional centre requirement in a manner which cannot otherwise be adequately controlled,
(i) to move inmates who decline or refuse to transfer from one location to another in accordance with a lawful order,
(j) to achieve the control of inmates acting in a defiant manner,
(k) to avoid imminent violent or destructive behaviour by inmates,
(l) to restrain violence directed towards the correctional officer or other persons by an uncontrollable or disturbed inmate,
(m) to prevent or quell a riot or other disturbance,
(n) for any other purpose which has a degree of seriousness comparable to the degree of seriousness of any of the situations referred to in paragraphs (a)–(m).
Maximum penalty: 10 penalty units.
As an aid to the use of force, a correctional officer may, with the concurrence of the governor of the correctional centre, use instruments of restraint if the circumstances require it.
A correctional officer who uses, or correctional officers who use, force on an inmate or inmates must without delay furnish a report about the use of force to the governor of the correctional centre.
The report must:
(a) be in writing, and
(b) specify the name or names of the inmate or inmates and the name or names of the correctional officer or correctional officers involved in the use of force, and
(c) specify the location in the correctional centre where the use of force occurred, and
(d) describe the nature of the force used and the circumstances requiring its use, and
(e) be signed by the correctional officer involved in the use of force or, if more than one correctional officer was involved, by one or more of those correctional officers.
This clause does not require a correctional officer to furnish information in a report if it is impossible or impracticable for the officer to obtain the information.
Maximum penalty: 5 penalty units.
An inmate must not conceal himself or herself for the purpose of effecting an escape.
An inmate must not make, conceal or have in possession anything intended by the inmate to be used for the purpose of:
(a) effecting the escape of an inmate, or
(b) enabling an inmate to commit any other offence.
An inmate must not use insulting, abusive or threatening language to or in the presence of another person.
An inmate must not wilfully and obscenely expose his or her person to another person.
An inmate must not otherwise behave in an obscene manner in the presence of or towards another person.
An inmate must not threaten to damage or destroy any property of another person.
An inmate must not otherwise behave in a threatening manner towards another person.
An inmate must not wilfully hinder or obstruct a correctional officer in the performance of the officer’s duties.
An inmate must not engage in wrestling, sparring, fighting or other physical combat with another inmate.
Subclause (1) does not prevent an inmate from engaging in an activity as a necessary incident of taking part in training or a contest or other sporting event, in each case organised for inmates by the governor of the correctional centre or a correctional officer.
An inmate must not assault another person.
An inmate must not incite another inmate to participate in a riot.
An inmate must not participate in a riot.
An inmate must not maim, wound or cruelly ill-treat an animal.
An inmate must not, without reasonable excuse, damage or destroy any property (other than property of the inmate).
An inmate must not throw an article, or operate a device from which an article is projected, so as to cause a risk:
(a) of injury to any person, or
(b) of damage to any property.
Subclause (1) (b) does not prevent inmates from engaging in a sport or other activity organised for inmates by the governor of the correctional centre or a correctional officer.
An inmate must not (unless authorised to do so by the Commissioner, the governor of the correctional centre or a correctional officer) alter, remove or otherwise interfere with or be in possession of:
(a) any lock, key, bolt, bar, ventilator or other correctional centre fixture or fitting, any fire extinguisher, firehose, instrument of restraint, electrical installation or any other appliance, equipment or property in or used in the correctional centre or the structure of the correctional centre (except in so far as it is reasonably necessary to do so in observing the normal routine of the correctional centre), or
(b) any notice exhibited on a notice board at the correctional centre by or with the consent of the governor or the Commissioner, any inmate’s cell card or any other document used by the governor or a correctional officer for the purpose of administration of the correctional centre.
An inmate must not steal the property of another person.
An inmate must not introduce into food or drink intended for human consumption anything liable to render it unpalatable or unwholesome.
An inmate must not:
(a) make a tattoo on himself or herself or another inmate, or
(b) consent to being tattooed by another inmate.
An inmate must not organise or participate in any form of gambling.
An inmate must not have in his or her possession or consume any alcohol or other intoxicating substance or any substance reasonably capable of becoming (by fermentation) an intoxicating substance.
An inmate must not prepare or manufacture alcohol or any other intoxicating substance.
An inmate is not to be regarded as contravening subclause (1) if the inmate:
(a) has the alcohol or other substance in his or her possession for consumption or use on the advice of a registered medical practitioner, registered dentist or registered nurse given for medical, dental or nursing reasons (respectively), or
(b) consumes the alcohol or other substance only in accordance with such instructions as are given by the medical practitioner, dentist or nurse or as an ordinary incident of participating in a religious service conducted at a correctional centre with the consent of the governor of the correctional centre.
An inmate contravenes this clause:
(a) if the inmate has any drug in his or her possession, or
(b) if the inmate administers any drug to himself or herself or to any other person, or
(c) if the inmate permits another person to administer any drug to the inmate, or
(d) if the result of a urine test carried out in accordance with directions given by the governor of a correctional centre or a correctional officer of or above the rank of Assistant Superintendent:
(i) shows the presence of a drug in the inmate’s urine, and
(ii) indicates that the drug was administered to the inmate (whether by the inmate or by another person) while the inmate was an inmate.
An inmate does not contravene this clause:
(a) by reason of subclause (1) (a), if the drug was lawfully supplied to the inmate by a registered medical practitioner, registered dentist or registered nurse, or
(b) by reason of subclause (1) (b), (c) or (d), if the drug was:
(i) administered on and in accordance with the prescription of a registered medical practitioner or registered dentist, or
(ii) lawfully supplied by, and taken in accordance with the directions of, a registered medical practitioner, registered dentist or registered nurse, or
(c) by reason of subclause (3), if the implement was in the possession of the inmate for the purposes of:
(i) the administration of a drug on and in accordance with the prescription of a registered medical practitioner or registered dentist, or
(ii) taking a drug lawfully supplied by a registered medical practitioner, registered dentist or registered nurse.
An inmate must not have in his or her possession any needle, syringe, smoking accessory or other implement intended for use in the administration of a drug.
An inmate must not deliberately inhale petrol, glue or any other solvent based product.
An inmate must not:
(a) smoke in a non-smoking area, or
(b) alter, damage or remove any sign or notice relating to a non-smoking area or to an authorised smoking area.
An inmate must not:
(a) offer, make or give to a person who is an officer or a temporary employee in the Department any payment, gratuity or present, or
(b) offer to provide or provide a service to any such person,
in consideration or for the purpose that the person will neglect his or her duty, give preferred treatment or act in any other way otherwise than in accordance with the proper discharge of the person’s duties.
The following privileges or amenities are declared to be withdrawable privileges for the purposes of Division 6 of Part 2 of the Act:
(a) attendance at the showing of films or videos or at concerts or other performances,
(b) participation in or attendance at any other organised leisure time activity,
(c) use of, or access to, films or video or audio tapes or records,
(d) use of, or access to, television, radio or video or cassette players, whether the item is for personal use or for use as a member of a group,
(e) use of library facilities,
(f) use of swimming pool,
(g) ability to purchase goods,
(h) keeping of approved personal property,
(i) access to musical instrument, whether the instrument is for personal use or for use as a member of a group,
(j) participation in a hobby,
(k) use of telephone, except for calls to qualified legal practitioners,
(l) participation in contact visits,
(m) weekend leave,
(n) day leave.
An inmate must not:
(a) be put in a dark cell, or under mechanical restraint, as a punishment, or
(b) be subjected to:
(i) solitary confinement, or
(ii) corporal punishment, or
(iii) torture, or
(iv) cruel, inhuman or degrading treatment, or
(c) be subjected to any other punishment or treatment that may reasonably be expected to adversely affect the inmate’s physical or mental health.
Maximum penalty: 10 penalty units.
For the purposes of subclause (1) (b) (i):
(a) segregating an inmate from other inmates under section 10 of the Act, and
(b) confining an inmate to cell in accordance with an order under section 53 or 56 of the Act, and
(c) keeping an inmate separate from other inmates under this Regulation, and
(d) keeping an inmate alone in a cell, where the medical officer considers that it is desirable in the interest of the inmate’s health to do so,
are not solitary confinement.
If the governor of a correctional centre or a correctional officer believes on reasonable grounds that an inmate has recently consumed or is affected by alcohol or any other intoxicating substance, the governor, or a correctional officer with the approval of the governor, may require the inmate to undergo a breath test in accordance with the directions of the person administering the test.
An inmate must not refuse or fail to comply with a reasonable requirement or direction made or given under this clause.
If it is necessary in proceedings for an offence under this Regulation to prove that an inmate has consumed alcohol or any other intoxicating substance, a certificate purporting to be signed by a correctional officer certifying that:
(a) a person named in the certificate submitted to a breath test, and
(b) the breath test was given on the day and completed at the time stated in the certificate, and
(c) there was a measurable quantity of alcohol present in the inmate’s blood, as determined by the breath test, on the date and at the time stated in the certificate,
is prima facie evidence of the particulars certified in and by the certificate.
In any such proceedings, evidence of:
(a) the condition of a device by means of which a breath test is carried out, or
(b) the manner in which the test was carried out,
is not required unless evidence that the device was not in proper condition or that the test was not properly carried out has been adduced.
If the governor of a correctional centre or a correctional officer believes on reasonable grounds that an inmate:
(a) has administered a drug to himself or herself (or has had a drug so administered), or
(b) is affected by a drug,
the governor, or a correctional officer of or above the rank of Assistant Superintendent with the approval of the governor, may require the inmate to supply a specimen of urine for testing or analysis and give directions as to how the specimen is to be supplied.
An inmate must not refuse or fail to comply with a reasonable requirement or direction made or given under this clause.
If it is necessary in proceedings for an offence under this Regulation to prove that a requirement was made or a direction was given in accordance with subclause (1), a certificate purporting to be signed by the governor of the correctional centre or a correctional officer certifying that:
(a) a requirement was made in accordance with that subclause for a specified inmate or all inmates of a specified class to supply a specimen of urine for testing or analysis by an analyst, or
(b) a direction was given in accordance with that subclause relating to how the specimen was to be supplied,
is prima facie evidence of the particulars stated in the certificate.
A correctional officer of the rank of Assistant Superintendent or above may require an inmate to supply for testing or analysis a specimen of urine and give directions as to how the specimen is to be supplied.
The directions may require the inmate to comply with directions given by a correctional officer as to how the sample is to be supplied.
A urine test must be carried out by an analyst within the meaning of clause 176.
A specimen may be required under this clause and tested for the presence of a drug even though the inmate concerned may not be reasonably suspected of having administered a drug to himself or herself or of being affected by a drug.
An inmate must not refuse or fail to comply with a reasonable requirement or direction made or given under this clause.
If it is necessary in proceedings for an offence under this Regulation to prove that an inmate was under the influence of a drug or that a drug was present in urine passed by an inmate, a certificate purporting to be signed by a correctional officer certifying any one or more of the following matters:
(a) that the correctional officer had received a specimen of urine obtained in a specified manner,
(b) that the correctional officer arranged for the specimen to be submitted for analysis by an analyst to determine the presence of any drugs in the inmate’s body or urine,
(c) that the container was sealed, and marked or labelled, in a specified manner,
is prima facie evidence of the particulars certified in and by the certificate.
In any such proceedings, a certificate purporting to be signed by an analyst certifying any one or more of the following matters:
(a) that the analyst received in a container, on a specified day, a specimen of urine obtained from a specified inmate and submitted for analysis,
(b) that the container, when received, was sealed, and marked or labelled, in a specified manner,
(c) that on receipt of the container, the seal was unbroken,
(d) that the analyst carried out an analysis of the specimen to determine the presence of drugs in the body or urine of the inmate from whom the specimen was obtained,
(e) that the analyst determined that a specified drug was present or was present to a specified extent in the body or urine of the inmate from whom the specimen was obtained,
(f) that the analyst was, at the time of the analysis, an analyst within the meaning of this clause,
is prima facie evidence of the particulars certified in and by the certificate.
In any such proceedings, a certificate purporting to be signed by an analyst:
(a) certifying a matter referred to in subclause (2) (a) is also prima facie evidence that the specimen was a specimen of urine obtained from the specified inmate, or
(b) certifying the matters referred to in subclause (2) (b) and (c) is also prima facie evidence that the specimen had not been tampered with before it was received by the analyst.
In this clause:
The Commissioner may provide results of positive urine tests to the Chief Executive Officer, Corrections Health Service for use in monitoring the health of inmates.
An inmate who complies with conditions set by the Commissioner may receive credits of money for work done in accordance with scales determined from time to time by the Commissioner.
Inmates may expend such part of their credits as may be determined by the Commissioner for such purposes as are authorised by the Commissioner.
Any unexpended credits are to be paid to inmates on discharge from a correctional centre.
An inmate must not be employed in a disciplinary capacity.
An inmate must not be employed to perform work for the benefit of the Commissioner or any person employed in the Department.
In proceedings before a Visiting Justice under Part 4 of the Act (correctional centre discipline), the governor of a correctional centre may act as the informant.
The governor of a correctional centre must send to the Commissioner at least once a month a copy of the entries in the record kept under section 61 of the Act in relation to punishment imposed during the preceding month.
For the purposes of section 61 (3) of the Act, a record of punishments imposed by the governor of a correctional centre or a Visiting Justice may be destroyed after it has been kept for 7 years.
Notice of an intended appeal by an inmate referred to in section 62 of the Act is to be lodged with the governor of the correctional centre who must arrange for it to be sent to the registrar of the District Court.
An application under section 26 or 29 of the Act for permission to be absent from a correctional centre on leave is to be made in a form approved by the Commissioner.
The Commissioner may require that an application be accompanied by a declaration (in a form approved by the Commissioner) by the person in whose company the inmate is to remain while on leave (the “sponsor”).
A person must not make a statement in any such declaration knowing it to be false or misleading in a material particular.
Maximum penalty: 10 penalty units.
For the purposes of section 197 of the Act, the functions of the Review Council include the providing, at the request of the Commissioner, of reports, advice and recommendations to the Commissioner with respect to:
(a) the management of serious offenders, and
(b) the security classification of an inmate who has applied, under section 26 of the Act, for permission to be absent from a correctional centre unescorted to enable him or her to adapt to normal community life (“pre-release leave”), and
(c) the probability that a serious offender:
(i) who is serving a sentence with an additional term of his or her natural life, and
(ii) who has applied for pre-release leave,
will be fit to be released on parole at the time the Council expects to advise the Parole Board about release on parole (assuming the serious offender satisfactorily completes a pre-release development program to which the application relates of at least 12 months or other relevant period), and
(d) such other matters as are specified by the Commissioner.
The Review Council must review an application for pre-release leave referred to it and make such recommendations to the Commissioner in respect of the application as it thinks fit.
If the Review Council recommends the granting of an application for pre-release leave, the Commissioner must, when deciding whether or not to grant the application, take into account:
(a) in the case of an application by a serious offender who is serving a sentence with an additional term of his or her natural life—any advice from the Review Council about the probability of the offender being fit to be released on parole, and
(b) in any case—whether or not it is in the public interest.
Pursuant to section 199 (2) of the Act, the following provisions are prescribed:
(a) section 197 (2) (a), (e) and (f) of the Act,
(b) clauses 10, 11, 14 and 185.
The Review Council must keep a record (in writing or otherwise) of the proceedings of the Review Council, including a record of:
(a) the persons appearing or represented before the Parole Board, and
(b) the submissions (if any) made by any such person, and
(c) the reasons (if any) stated in support of those submissions.
For the purposes of clause 17 (2) of Schedule 2 to the Act, the prescribed period after the expiration of which any record may be destroyed is the period of 5 years commencing with the day on which the record is made.
In accordance with clause 10 (2) (c) of Schedule 2 to the Act, the following functions of the Review Council are prescribed as functions that the Council may delegate to a committee of the Council:
(a) any function conferred by clause 11, and any other function relating to a variation in the classification, placement or development program of an inmate,
(b) any function referred to in clause 185 (1) or (2).
Whenever any function delegated to a committee of the Review Council is exercised by such a committee in relation to an offender who is a person to whom section 199 of the Act applies, the committee, in the exercise of that function, is bound to observe the same requirements as are imposed by that section on the Review Council.
The Prisons (General) Regulation 1989 is repealed.
Any act, matter or thing that, immediately before the repeal of the Prisons (General) Regulation 1989, had effect under that Regulation is taken to have effect under this Regulation.
Notice under section 67 (1) of the Act:
(a) is to be in writing and sent by post to the last postal address that has been recorded on the Victims Register for the relevant victim, unless paragraph (b) applies, or
(b) is to be given by telephone if only a telephone number has been so recorded or if the Review Council believes that any telephone number that has been so recorded is more up to date than the last postal address so recorded.
The notice must:
(a) set out the reasons for the consideration by the Review Council of a change in the security classification of the relevant offender, and
(b) indicate that a submission made by a victim must be made in writing, and
(c) specify the relevant 14-day period for the lodgment of any such submission and the address for its lodgment.
The Council is to keep a record of the giving of any notice in accordance with this clause.
For the purpose of performing the duties of a custodian of inmates at a correctional centre managed in accordance with Part 12 of the Act, a person authorised under section 240 of the Act to perform those duties has and may exercise (subject to any directions of the Commissioner under section 241 (2) of the Act) all the powers of a correctional officer.
(Clause 25)
1. The Crimes (Administration of Sentences) (Correctional Centre Routine) Regulation 1995 specifies correctional centre offences. Some of these (minor correctional centre offences) may be adjudicated on by the governor of the correctional centre. All may be adjudicated on by a Visiting Justice.
2. If you are charged by the governor of the correctional centre and are found guilty, the governor may impose one of the penalties specified in section 53 (1) of the Crimes (Administration of Sentences) Act 1999.
3. The governor must conduct an inquiry into any allegation of a minor correctional centre offence. You are not entitled to legal representation at this inquiry. If you do not understand the nature of the inquiry or understand English clearly you must inform the governor immediately so that assistance may be sought.
4. During or after the inquiry, the governor may refer the allegation to the Visiting Justice for determination.
5. If the Visiting Justice is to hear a charge, you are entitled to legal representation. This can be provided by the Prisoner Legal Service of the Legal Aid Commission. A representative of that Service attends most of the Visiting Justice’s hearings.
6. The Visiting Justice may impose a penalty as specified in section 56 (1) of the Crimes (Administration of Sentences) Act 1999. Such a penalty may increase the time you have to serve in a correctional centre.
(Clause 63)
The library will be open daily for the use of inmates at such times as may be determined or ordered by the governor of the correctional centre to suit the routine of the correctional centre.
The governor of the correctional centre may issue directions or orders regulating the number of inmates who may use the library at any one time.
An inmate may be permitted to borrow from the library no more than a total of 6 books, magazines, articles and other material at any one time for such period as may be determined or ordered by the governor.
If an inmate establishes a special need, the governor of the correctional centre may permit the inmate to retain books, magazines, articles or other material for such further period as may be determined by the governor.
An inmate, on receipt of a book, magazine, article or other material issued to the inmate on loan from the library, is required to examine it and, if it is damaged or otherwise defective, point out the damage or defect to the person who issued it to the inmate.
An inmate must be held responsible for all books, magazines, articles and other material issued to the inmate on loan from the library and must carefully preserve them.
An inmate must not exchange or pass on to another inmate any book, magazine, article or other material issued to the inmate on loan from the library.
An inmate must, before discharge or transfer to another correctional centre, return to the library all books, magazines, articles and other material issued to the inmate on loan from the library.
Any book and other material acquired and provided on loan for the use of any inmate undertaking a special course of study, unless purchased by the inmate on terms and conditions approved by the Commissioner of Corrective Services, must be returned on discharge of the inmate or on completion of or withdrawal from the course of study.
An inmate who borrows any item from the library does so only on the condition that:
(a) if the item is not returned on time, or
(b) if the item is returned in a damaged condition,
the inmate agrees to pay the cost of replacing the item or of repairing it to the same condition as it was in when lent to the inmate.
(Clauses 145 and 146)
Clause | Subject |
56C (a) | Use of condom as a weapon |
158 (1) | Inciting other inmates to riot |
158 (2) | Participating in riot |
168 (1) (a)–(c) | Possession or use of drugs |
169 | Bribery |
Clause | Subject |
6 | Inmates not to enter other accommodation |
21 (2) | Inmates to supply personal particulars |
24 (5) | Inmates to allow themselves to be searched |
33 | Property to be kept in a tidy and orderly manner |
35 (1) | Possession of unauthorised property |
39 (1) | Inmates to comply with correctional centre routine |
40 (1) | Inmates to attend musters |
40 (2) | Unauthorised operation of bells, hooters, sirens or whistles |
41 | Avoidance of correctional centre routine |
44 (2) | Unauthorised purchase of food |
45 | Possession of unauthorised food |
48 | Prohibition of trading in food |
49 | Personal cleanliness |
50 (1) | Cleanliness of cells and issued articles |
50 (2) | Damaging, destroying or defacing cells |
50 (3) | Preservation of clothing, bedding and other issued articles |
54 (1) | Wearing of correctional centre clothing |
56 (2) | Unconvicted inmates and civil inmates may be required to clean yards |
56B | Unauthorised possession of condoms |
56C (b) | Unauthorised use of condom (otherwise than as weapon) |
56D | Unauthorised disposal of condoms |
59 | Regulation of inmates attending classes |
66 | Return of borrowed library items |
76 (4) | Desecration or abuse of religious items |
106 (1) (b) | Conveying or delivering to, or receiving from, visitors unauthorised articles |
116 (3) | Sending or receiving unauthorised letters or parcels |
117 | Sending of prohibited letters, parcels or articles |
122 | Making of unauthorised telephone calls |
124 | Unauthorised telephone conversations with inmates at other correctional centres |
138 | Mischievous complaints |
148 (2) | Disobeying directions |
152 | Concealment for purpose of escape |
153 | Articles intended for use in escapes or other offences |
154 | Behaviour of inmates |
155 | Obstruction of correctional officers |
156 (1) | Fighting or other physical combat |
157 | Assaults |
159 | Injuring animals |
160 | Damaging property |
161 (1) | Throwing articles |
162 | Unauthorised alteration or possession of correctional centre property |
163 | Stealing |
164 | Tampering with food or drink |
165 | Prohibition of tattooing |
166 | Gambling |
167 (1) | Possession or consumption of alcohol |
167 (2) | Preparation or manufacture of alcohol |
168 (1) (d) | Urine test shows presence of drugs |
168 (3) | Possession of drug implements |
168 (4) | Inhalation of petrol, glue or other solvents |
168A (a) | Smoking in non-smoking area |
168A (b) | Altering, damaging or removing non-smoking sign or smoking sign |
172 (2) | Breath testing |
174 (2) | Refusing or failing to provide urine sample |
175 (5) | Refusing or failing to provide urine sample |
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