Crimes (Administration of Sentences) Regulation 2008 (NSW)
This Regulation is the Crimes (Administration of Sentences) Regulation 2008.
This Regulation commences on 1 September 2008.
This Regulation replaces the Crimes (Administration of Sentences) Regulation 2001 which is repealed on 1 September 2008 by section 10 (2) of the Subordinate Legislation Act 1989.
Words and expressions that are defined in the Dictionary have the meanings set out in the Dictionary.
For the purposes of this Regulation:
(a) a person who has a thing in his or her custody or under his or her control is taken to have the thing in his or her possession, and
(b) a correctional officer who is temporarily relieving another correctional officer at a post is taken to be stationed at the post.
In this Regulation:
(a) a reference to a correctional centre includes a reference to a correctional complex, and
(b) a reference to a Form is a reference to a Form set out in Schedule 4.
Notes in the text of this Regulation do not form part of this Regulation.
As soon as practicable after an inmate is received into a correctional centre, there must be recorded in relation to the inmate:
(a) such of the information referred to in Schedule 1 as is relevant to the inmate, and
(b) such other information as the Commissioner considers appropriate to be recorded.
An inmate must not furnish any information for the purposes of this clause knowing it to be false or misleading in a material particular.
Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.
As soon as practicable after an inmate is first received into a correctional centre, the general manager must cause the inmate to be informed of:
(a) the correctional centre rules (that is, the terms of any general directions given under Part 2 of the Act or under this Chapter), and
(b) the inmate’s obligations as to discipline and conduct, and
(c) the inmate’s rights as to legal representation and appeal in relation to proceedings under this Regulation, and
(d) the case management process, and
(e) the authorised methods of seeking information and making complaints, and
(f) the role of an Official Visitor, and
(g) the functions of the Review Council in relation to the segregation and protective custody of inmates, and
(h) any other matter necessary to enable the inmate to understand the inmate’s rights and obligations and adapt to living in the centre.
As soon as practicable after an inmate who is a national of another country is received into a correctional centre, the general manager must cause the inmate to be informed that, if the inmate makes a written application for that purpose, the diplomatic or consular representative of that country will be informed of the inmate’s imprisonment.
If the inmate makes such an application, the general manager must inform the consular representative without delay.
On being received into a correctional centre, an inmate must surrender to an authorised officer all property that is then in the inmate’s possession.
Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
If, at the time of an inmate’s reception into a correctional centre, any of the inmate’s property is brought to the centre by:
(a) a police officer or correctional officer, or
(b) any other person of a class specified by the Commissioner,
that property is to be delivered to the general manager.
On receiving property surrendered or delivered in connection with an inmate’s reception into a correctional centre, the general manager must determine which items of property may, and which may not, be retained at the centre.
Property that the general manager determines may be retained at a correctional centre:
(a) may be returned to the inmate for use in the centre unless to do so would, in the general manager’s opinion, constitute a security or safety risk, or
(b) may be retained by the general manager for return to the inmate on the inmate’s release from custody.
Property that the general manager determines may not be retained at a correctional centre is to be made available for collection by such person as the inmate nominates, and the person so nominated is to be notified that the property is available for collection and should be collected within the next 30 days.
If the inmate fails to nominate a person to collect the property, or if the person so nominated fails to collect the property within 30 days after being notified of its availability for collection:
(a) the property may be disposed of in such manner as the general manager considers appropriate, and
(b) if the property is sold, the proceeds of sale are to be held to the credit of the inmate.
Despite any other provision of this clause:
(a) any money surrendered by an inmate is to be held to the credit of the inmate, and
(b) any unhygienic or infectious clothing surrendered by an inmate is to be destroyed if the general manager is satisfied that its value is less than the cost of getting it cleaned.
The general manager of a correctional centre must cause a record to be kept of all property surrendered or delivered in connection with an inmate’s reception into the centre.
Such a record must contain the following information:
(a) a description of the property,
(b) the date on which the property was received,
(c) whether the property was retained, collected or disposed of,
(d) if the property was collected:
(i) the date on which it was collected, and
(ii) the name, address and signature of the person by whom it was collected,
(e) if the property was disposed of:
(i) the date on which it was disposed of, and
(ii) the manner in which it was disposed of, and
(iii) if it was sold, the amount for which it was sold,
(f) any other incidental particulars.
In making a determination as to the correctional centre in which an inmate is to be placed, the Commissioner is to have regard to the following matters:
(a) the inmate’s classification,
(b) if available, the sentencing court’s comments in relation to the inmate,
(c) any assessment that has been made as to the inmate’s physical or mental health,
(d) the provision of health care services to the inmate,
(e) whether or not the inmate is likely to be removed from Australia,
(f) the inmate’s criminal history and history of behaviour during any previous period of imprisonment,
(g) the inmate’s history of behaviour while subject to supervision otherwise than as an inmate pursuant to any conditions of bail or parole or any other conditions imposed by a court order (including an extended supervision order under the Crimes (High Risk Offenders) Act 2006),
(h) any assessment that has been made (whether by officers of Corrective Services NSW or of any other government department or public authority) as to:
(i) the level of risk that the inmate poses to good order and security, and
(ii) the likelihood that the inmate may try to escape from custody, and
(iii) any factors contributing to the inmate’s criminal behaviour, and
(iv) the likelihood of the inmate committing further offences, whether of the same or of a different kind,
(i) the need to protect the community,
(j) the availability of resources and appropriate programs and services at the correctional centre at which the inmate is to be held.
Subclause (1) does not limit the matters that the Commissioner may have regard to in making a determination as to an inmate’s placement in a correctional centre.
An inmate’s placement in a correctional centre is to be reviewed at least once every 12 months and at such other times as the Commissioner may determine.
If the general manager of a correctional centre considers that an inmate in the centre, or an inmate transferred, or proposed to be transferred, to the centre, is unsuitable for placement or for continued placement in the centre, the general manager must cause a report to be sent:
(a) to the Commissioner, and
(b) in the case of a report that relates to a serious offender, or an inmate who has a high security, extreme high security or extreme high risk restricted designation, to the Review Council,
setting out the reasons why the inmate should not be placed, or continue to be placed, in the centre.
The Review Council is to review any report prepared by the general manager of a correctional centre with respect to the placement, or continued placement, in the centre of an inmate who is a serious offender, or an inmate who has a high security, extreme high security or extreme high risk restricted designation.
The Review Council may furnish to the Commissioner such submissions with respect to any such report as it considers appropriate.
After considering:
(a) any report prepared by the general manager of a correctional centre with respect to the placement, or continued placement, in the centre of an inmate, and
(b) in the case of an inmate who is a serious offender or an inmate who has a high security, extreme high security or extreme high risk restricted designation—any submissions by the Review Council in relation to the report,
the Commissioner must make a decision with respect to the inmate’s placement, or continued placement, in the centre.
The Commissioner is not bound to follow the recommendations in the report.
If the Commissioner is of the opinion that there are urgent reasons for doing so, the Commissioner may make a decision with respect to the transfer of an inmate who is a serious offender or an inmate who has a high security, extreme high security or extreme high risk restricted designation without giving the Review Council an opportunity to make submissions.
The Commissioner must notify the Review Council of any decision made under subclause (3).
After considering the report prepared by the general manager, the Review Council may recommend to the Commissioner that the Commissioner reconsider a decision made under subclause (3).
The Commissioner is to ensure that a case plan (the
However, an initial case plan is not required for a convicted inmate who has less than 6 months remaining until the inmate’s earliest release date.
A subsequent case plan is to be prepared and adopted for a convicted inmate at least once every 12 months and at such other times as the Commissioner determines.
Despite subclause (3):
(a) a subsequent case plan is not required for an inmate if the inmate’s earliest possible release date is within 3 months from the date on which the case plan is due to be prepared and adopted (unless the Parole Authority or Review Council has made a recommendation to the Commissioner about the inmate), and
(b) a subsequent case plan is not required for an inmate who is participating in a service or a program under Division 5 of Part 2.3 in accordance with the inmate’s case plan until the inmate completes or ceases to participate in the service or program.
In this clause,
Services and programs are also provided to inmates for whom case plans are not required. See clause 57.
A case plan for a convicted inmate is to indicate the services and programs in which the inmate should be encouraged to participate.
An inmate’s case plan will also indicate the correctional centre at which the inmate is to be held and the inmate’s classification.
A case plan may deal with any matter relating to the management of the convicted inmate, including the following:
(a) the provision of services and programs to the inmate under Division 5 of Part 2.3,
(b) the provision of health care services to the inmate,
(c) in the case of an inmate who appears to be at risk of self-harm, a strategy to minimise the likelihood of self-harm occurring,
(d) in the case of an inmate who has a disability, a strategy to minimise any disadvantage suffered by the inmate on account of the disability, including in relation to the inmate’s suitability to carry out work,
(e) the provision of pre-release and post-release assistance to the inmate (such as advice on the availability within the community of financial, accommodation and employment assistance and of medical and counselling services and alcohol and other drug treatment programs).
In preparing a case plan for a convicted inmate, regard is to be had to the matters to which the Commissioner would be required to have regard if making a determination as to the correctional centre in which an inmate is to be placed.
Recommendations with respect to an inmate’s case plan are to be prepared by one or more departmental officers nominated by the Commissioner (the
The nominated officer must take all reasonable steps to enable the inmate to participate in the development of the recommendations.
If inconsistent with the sentencing court’s comments in relation to the inmate, the recommendations must draw attention to, and give reasons for, the inconsistency.
The nominated officer must take all reasonable steps to ensure that the recommendations with respect to an inmate are submitted to the nominated review officer referred to in clause 15 within 21 days after being called on to prepare them.
(Repealed)
The recommendations prepared in accordance with clause 14 with respect to an inmate’s case plan are to be reviewed by one or more departmental officers nominated by the Commissioner (the
The nominated review officer must take all reasonable steps to ensure that the report with respect to an inmate is submitted within 28 days of the recommendations being prepared:
(a) to the Commissioner, and
(b) in the case of a report that relates to a serious offender, or an inmate who has a high security, extreme high security or extreme high risk restricted designation, to the Review Council.
The Review Council is to review any report prepared in accordance with clause 15 in relation to a serious offender, or an inmate who has a high security, extreme high security or extreme high risk restricted designation.
The Review Council may furnish to the Commissioner such submissions with respect to any such report as it considers appropriate.
After considering:
(a) the report prepared in accordance with clause 15 with respect to an inmate’s case plan, and
(b) any advice by the Review Council in relation to the report,
the Commissioner must adopt a case plan for the inmate.
The Commissioner is not bound to follow the recommendations in the report or the advice of the Review Council.
(Renumbered as clauses 12A–12C)
(Renumbered as clauses 12A–12C)On becoming aware that an inmate who is being interviewed for the purposes of this Part may be disadvantaged by linguistic or cultural factors, an interviewer must take all reasonable steps to ensure that the inmate has the assistance of a person who can act as an appropriate interpreter or provide appropriate cultural guidance.
Such a person need not be present at the interview so long as he or she is available to the inmate by telephone, closed-circuit television or other electronic means during the interview.
If the interviewer makes a report that assesses an inmate for the purposes of this Part, the interviewer:
(a) must take into consideration any linguistic or cultural factors that may disadvantage the inmate, and
(b) must refer in the report to the extent to which, in the interviewer’s opinion, those factors are significant in relation to the assessment.
This Division applies, with any necessary modifications, in respect of high risk violent offenders who are not inmates in the same way as it applies in respect of convicted inmates.
For that purpose:
(a) a reference to an inmate includes a reference to a high risk violent offender, and
(b) a reference to the sentencing court includes a reference to the Supreme Court, and
(c) clause 13 (2) does not apply, and
(d) clause 16 applies as if the high risk violent offender were a serious offender.
In this clause,
As soon as practicable after an inmate is first received into a correctional centre, the Commissioner is to determine the inmate’s classification in accordance with this Division.
An inmate’s classification is to be reviewed at least once every 12 months and at such other times as the Commissioner may determine.
Each male inmate is to be classified in one of the following categories for the purposes of security and the provision of appropriate development programs:
Subject to clause 27, the Commissioner may at any time vary or revoke a classification under this clause.
Male inmates who are classified in Category AA are prescribed to be serious offenders, as referred to in paragraph (f) of the definition of
Each female inmate is to be classified in one of the following categories for the purposes of security and the provision of appropriate development programs:
Subject to clause 27, the Commissioner may at any time vary or revoke a classification under this clause.
Female inmates who are classified in Category 5 are prescribed to be serious offenders, as referred to in paragraph (f) of the definition of
Each inmate (male or female) who commits an escape offence is, following the commission of the offence, to be classified in one of the following categories:
(a) in special facilities within a secure physical barrier that includes towers or electronic surveillance equipment, or
(b) by a secure physical barrier that includes towers, other highly secure perimeter structures or electronic surveillance equipment.
For the purposes of subclause (1), a person
(a) an offence of escaping from lawful custody, or
(b) an offence of attempting or conspiring to escape from lawful custody,
under the laws of the place where the behaviour occurs.
An inmate’s classification under this clause overrides the inmate’s classification under clause 22 or 23.
Despite subclause (3), the Commissioner may determine that an inmate not be classified under this clause if the inmate was under the age of 18 years when the escape offence was committed.
Subject to clause 27, the Commissioner may at any time vary or revoke a classification under this clause.
The Commissioner may designate an inmate as a high security inmate if of the opinion that the inmate constitutes:
(a) a danger to other people, or
(b) a threat to good order and security.
The Commissioner may designate an inmate as an extreme high security inmate if of the opinion that the inmate constitutes:
(a) an extreme danger to other people, or
(b) an extreme threat to good order and security.
The Commissioner may designate an inmate as an extreme high risk restricted inmate if of the opinion that:
(a) the inmate constitutes:
(i) an extreme danger to other people, or
(ii) an extreme threat to good order and security, and
(b) there is a risk that the inmate may engage in, or incite other persons to engage in, activities that constitute a serious threat to the peace, order or good government of the State or any other place.
Subject to clause 27, the Commissioner may at any time vary or revoke a designation under this clause.
Extreme high risk restricted inmates are prescribed to be serious offenders, as referred to in paragraph (f) of the definition of
The Commissioner may make determinations with respect to the following:
(a) the placement in correctional centres of high security, extreme high security and extreme high risk restricted inmates,
(b) the movement of high security, extreme high security and extreme high risk restricted inmates for any purpose,
(c) any additional security arrangements to be imposed in respect of high security, extreme high security and extreme high risk restricted inmates,
(d) case plans for high security, extreme high security and extreme high risk restricted inmates,
(e) any other matter that is relevant to the management of high security, extreme high security and extreme high risk restricted inmates.
The Commissioner:
(a) must not cause an inmate who has an escape-risk classification to cease to have such a classification, and
(b) must not cause an inmate who has a high security, extreme high security or extreme high risk restricted designation:
(i) to have that designation varied to another such designation, or
(ii) to cease to have such a designation, and
(c) must not cause a serious offender to have his or her classification changed,
without seeking and considering the recommendations of the Review Council in that regard.
In the case of an inmate who has an escape-risk classification, the Review Council:
(a) is not to make a recommendation for the purposes of subclause (1) (a) unless it is satisfied that there are special circumstances that, in the opinion of the Review Council, justify the reclassification, and
(b) need not entertain any application made to it by an inmate for the purposes of subclause (1) (a) if, on the face of the application and any document submitted in support of it, it appears to the Council that the application:
(i) is not substantially different from a previous application, made by or on behalf of the same inmate, that the Council has rejected, or
(ii) is frivolous or vexatious.
If the Commissioner varies the classification or designation of an inmate under this clause in a manner that is contrary to the recommendations of the Review Council, the Commissioner must cause notice of that fact to be given to the Review Council.
Male inmates classified as AA, A1, A2, E1 or E2, and female inmates classified as Category 5, 4, E1 or E2, are taken to have high security classifications for the purposes of section 29 of the Act.
For the purpose of making any decision with respect to a person’s classification under this Division, consideration must be given to any advice received from the NSW Police Force or from any other public authority (whether of this or any other State or Territory or of the Commonwealth) established for law enforcement, security or anti-terrorist purposes.
An inmate may, at any time, request that the Commissioner review a determination of any of the following matters:
(a) the correctional centre in which the inmate is placed,
(b) the inmate’s classification,
(c) the contents of the inmate’s case plan (in the case of a convicted inmate).
The Commissioner is required to review the placement and classification of an inmate at least once every 12 months. Case plans for convicted inmates must generally be prepared every 12 months.
However, an inmate cannot request a review of the determination of the inmate’s classification or placement in a correctional centre that occurs when the inmate is first received into a correctional centre.
The Commissioner is required to review a determination under this clause only if:
(a) the inmate can present information relevant to the determination that was not available to the inmate or provided to the Commissioner at the time the determination was made, or
(b) the inmate demonstrates that he or she was denied procedural fairness at the time the determination was made.
The Commissioner may refuse a request to review a determination if the Commissioner is of the opinion that:
(a) the request is frivolous or vexatious, or
(b) in the case of an inmate requesting a review of his or her placement in a particular correctional centre, that the placement is reasonable taking into account the availability of accommodation for inmates in correctional centres across New South Wales.
For the purposes of this clause, each inmate is to be included in one of the following classes:
(a) convicted inmate,
(b) unconvicted inmate,
(c) civil inmate.
As far as practicable inmates of any class are to be kept separate from inmates of any other class.
Within each class, the Commissioner may direct that the following inmates be kept separate from other inmates:
(a) those inmates who have not previously been imprisoned,
(b) those inmates who would be at risk if not separated from other inmates,
(c) those inmates who are forensic patients within the meaning of the Mental Health Act 2007,
(d) those inmates who are detained under a preventative detention order within the meaning of Part 2A of the Terrorism (Police Powers) Act 2002,
(e) those inmates who are imprisoned:
(i) pursuant to a warrant issued by the Commissioner of Fines Administration under section 87 of the Fines Act 1996, or
(ii) as fine defaulters under the laws of the Commonwealth or the Australian Capital Territory.
Female inmates must be kept separate from male inmates except in such circumstances and under such supervision as the Commissioner determines.
Inmates found or suspected to be in an infectious or verminous condition may be kept separate from other inmates.
Each inmate of a correctional centre is to be housed in a cell or dormitory, by himself or herself or with one or more other inmates, as the general manager or an authorised officer considers appropriate.
(Repealed)
Each inmate must be provided with a separate bed and sufficient clean bedding to suit the climatic conditions.
The Commissioner is to determine the hours of work and general routine for each correctional centre.
The Commissioner may determine different hours of work and different general routines for different parts of a correctional centre.
Civil inmates and unconvicted inmates are not to be required to work otherwise than as provided by this clause.
The general manager of a correctional centre may require a civil inmate or unconvicted inmate to ensure that any yard or other section of the correctional centre that he or she uses is kept clean.
A civil inmate or unconvicted inmate must comply with any requirement under this clause.
Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.
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.
Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
An inmate must not enter a cell that has not been allocated for use by the inmate otherwise than:
(a) with the permission of the general manager or a correctional officer, or
(b) in compliance with a direction given by the general manager or a correctional officer.
Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
An inmate must immediately attend at any place designated by the general manager, either generally or in a particular case, as a place for mustering inmates:
(a) when required orally to do so by the general manager or a correctional officer, or
(b) when summoned by a bell, hooter, siren or whistle used for that purpose.
Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
An inmate must not operate a bell, hooter, siren or whistle used:
(a) for calling to muster, or
(b) for giving notice of a fire or other emergency, or of a fire or other emergency drill, or
(c) for giving notice of any other correctional centre routine,
unless the inmate is authorised to do so by the general manager or a correctional officer or does so with other reasonable excuse.
Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
An inmate must not pretend to be ill or injured for the purpose of avoiding the inmate’s obligations under the Act and this Regulation.
Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
Except as otherwise provided by this Part, an inmate must not deliver anything to or receive anything from any other inmate.
With the approval of an authorised officer, an inmate may deliver an article to another inmate.
Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
An inmate must not create, or have in his or her possession, prohibited goods.
Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
A correctional officer may, at such times as the general manager directs and at such other times as the correctional officer considers appropriate:
(a) search (including strip-search) an inmate, and
(b) search an inmate’s cell and any property in the cell.
Except in the case of an emergency, an inmate must not be strip-searched by or in the presence of a person of the opposite sex.
The searching of an inmate and the inmate’s cell must be conducted with due regard to dignity and self-respect and in as seemly a manner as is consistent with the conduct of an effective search.
An inmate must not resist or impede the conduct of a search carried out under this clause.
Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.
In this clause,
(a) requiring the person to remove all of his or her clothes, and
(b) an examination of the person’s body (but not of the person’s body cavities) and of those clothes.
An inmate must keep his or her property in a tidy and orderly manner and so as not to impede a search of the inmate’s cell.
Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.
The quantity of property that an inmate keeps in his or her cell is not to exceed such quantity as the general manager may determine and, if it does, the general manager may confiscate such of the property as is necessary to reduce the excess.
Anything confiscated under this clause:
(a) is to be dealt with as if it had been surrendered on reception into a correctional centre, or
(b) is to be disposed of by the general manager in such a manner as is reasonable in the circumstances (taking into account the nature of the material).
An inmate may purchase:
(a) any book, newspaper or magazine, and
(b) any record, cassette, CD or DVD.
Despite subclause (1), the general manager may refuse to allow an inmate to purchase, and may confiscate, any such book, newspaper, magazine, record, cassette, CD or DVD if of the opinion that it contains:
(a) anything that, in the opinion of a nominated officer, is likely to prejudice the good order and security of the correctional centre, or
(b) any threatening, offensive, indecent, obscene or abusive written or pictorial matter, or
(c) any offensive, indecent or obscene article.
Anything confiscated under this clause:
(a) is to be dealt with as if it had been surrendered on reception into a correctional centre, or
(b) is to be disposed of by the general manager in such a manner as is reasonable in the circumstances (taking into account the nature of the material).
The property of an inmate who is transferred from one correctional centre to another is to be delivered to the general manager of the new correctional centre, together with a copy of any record kept by the general manager of the former correctional centre in relation to the property.
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 recommended dietary intakes published by the National Health and Medical Research Council.
The diet:
(a) must be varied, and
(b) must provide adequate amounts of each essential nutrient from basic foods, and
(c) must 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.
An inmate wishing to complain about the quantity or quality of the food supplied by a correctional centre must do so promptly.
The inmate is responsible for substantiating the complaint.
The general manager of a correctional centre may permit an inmate:
(a) to purchase food available for purchase at the centre or outside the centre, or
(b) to arrange for the supply of food from outside the centre.
An inmate must not purchase food, or arrange for the supply of food from outside a correctional centre, unless permitted to do so as referred to in subclause (1).
An inmate must not receive or have in his or her possession any food other than food supplied by a correctional centre or food that he or she is permitted to purchase or be supplied with under this clause.
An inmate supplied with food from outside a correctional centre must ensure that none of it is received by another inmate.
Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
Each inmate (other than one who is confined to cell under section 53 or 56 of the Act) is to be allowed at least 2 hours each day for exercise in the open air.
Each inmate who is confined to cell under section 53 or 56 of the Act is to be allowed at least 1 hour each day for exercise in the open air.
An inmate’s entitlement to exercise under this clause is subject to such practical limitations as may from time to time arise in connection with the administration of the correctional centre concerned.
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, Justice Health, from time to time determines.
Any food, personal effects or articles of clothing belonging to an inmate at a correctional centre may be destroyed if the general manager considers it necessary for the maintenance of hygiene.
Before any such property is destroyed, the general manager must, if practicable, cause the inmate to be informed of the proposed destruction and the reason for its destruction.
An inmate must obey directions given by or with the authority of the general manager, either generally or individually, in regard to washing, showering, bathing, shaving and hair cutting.
Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
Unless otherwise authorised by the general manager, an inmate must at all times wear the uniform clothing and footwear issued to the inmate, and must not at any time wear any other clothing.
This clause does not apply to an inmate while attending court.
Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
An inmate must keep the inmate’s accommodation, utensils, clothing, bedding and any other issued articles clean, tidy and in good order and in accordance with any directions given by a correctional officer.
An inmate must not wilfully damage, destroy or deface any part of the correctional centre.
An inmate must not dispose of, or wilfully alter, damage or destroy, any clothing, bedding or other article issued to the inmate.
Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
Condoms (together with plastic disposal bags) are to be made available free of charge in each correctional centre in which there are male inmates, and disposal units are to be installed in each such correctional centre for their disposal.
Dental dams (together with plastic disposal bags) are to be made available free of charge in each correctional centre in which there are female inmates, and disposal units are to be installed in each such correctional centre for their disposal.
An inmate must not obtain possession of any condom or dental dam otherwise than:
(a) from a dispensing machine installed in the correctional centre for use by inmates, or
(b) in accordance with such other arrangements as are approved by the general manager of that correctional centre.
An inmate must not use a condom or dental dam otherwise than for the purpose of sexual activity.
As soon as practicable after using a condom or dental dam, an inmate must dispose of it:
(a) by placing it in a plastic disposal bag, and
(b) by placing the plastic disposal bag in a disposal unit.
Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
The Commissioner may provide an inmate with services and programs that:
(a) offer the inmate an opportunity to develop skills, behaviours and attitudes that lessen the likelihood of the inmate re-offending, or
(b) contribute to the inmate living in society after release from custody, or
(c) promote the health, safety and well-being of the inmate.
Without limiting subclause (1), such services and programs may include any of the following:
(a) welfare services,
(b) services for inmates who have disabilities,
(c) alcohol and other drug counselling services,
(d) psychological counselling services,
(e) literacy and numeracy programs,
(f) educational and vocational training programs, including the provision of libraries,
(g) pre-release and post-release programs to enable inmates to adapt to normal lawful community life,
(h) sports and recreational activities.
In the exercise of a function under this clause, the Commissioner must give special attention to the needs of inmates who have low literacy or numeracy.
The Commissioner must also give special attention to the needs of inmates who have a disability.
The Commissioner may prepare a plan outlining the services and programs to be made available to an inmate who is not a convicted inmate or for whom a case plan is not otherwise required under Division 1A of Part 2.2.
Case plans are generally required to be prepared for all convicted inmates under Division 1A of Part 2.2. A case plan indicates the services and programs that an inmate should be encouraged to participate in and deals with other matters relating to the management of the inmate.
Services and programs may be provided by correctional officers or by other persons approved by the Commissioner.
A person employed or otherwise engaged in the provision of a service or program:
(a) is subject to the directions of the Commissioner in respect of the nature and scope of the service or program and its method of delivery, and
(b) is subject to the directions of the general manager in respect of any matter affecting the good order and security of the correctional centre.
While participating in a service or program provided under this Part, an inmate must comply with any lawful and reasonable direction of the person employed or otherwise engaged in the provision of the service or program.
Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
This Division applies, with any necessary modifications, in respect of high risk violent offenders who are not inmates in the same way as it applies in respect of inmates.
For that purpose, a reference to an inmate includes a reference to a high risk violent offender.
In this clause,
A minister of religion may not perform the functions of a chaplain in a correctional centre unless the minister:
(a) is accredited by the Commissioner in accordance with subclause (2), and
(b) is permitted by the appropriate authority for the religious organisation of which the minister is a member to work as a chaplain in the correctional centre.
The Commissioner may, by instrument in writing, accredit a minister of religion who has been endorsed by the Civil Chaplaincies Advisory Committee to work as a full-time, part-time or sessional chaplain to inmates, correctional officers and departmental officers at a correctional centre.
The Commissioner must not accredit a minister of religion unless the minister has undergone a criminal record check and been found by the Commissioner to be suitable to work as a chaplain in the centre.
The Commissioner may, at any time, by instrument in writing, revoke any such accreditation.
The Commissioner must give to the Civil Chaplaincies Advisory Committee written notice of any revocation.
With the approval of the general manager, an accredited chaplain:
(a) may, when visiting a correctional centre, be accompanied by assistants, whether ministers of religion or lay persons who are wholly or partly engaged in duties of a religious nature, and
(b) may arrange for inmates to be visited by persons suitably qualified in counselling, vocational guidance or other services, and
(c) may authorise, in writing, another minister of religion to act in his or her place during his or her absence.
A person who is authorised to act for an accredited chaplain is taken to be an accredited chaplain for the purposes of this Division.
An accredited chaplain is answerable to the Commissioner for the conduct of any assistant who accompanies the accredited chaplain when visiting a correctional centre.
An accredited chaplain is responsible for the spiritual care of inmates, correctional officers and departmental officers at the correctional centre to which he or she is accredited.
An accredited chaplain’s responsibilities include:
(a) visiting inmates who are sick, injured, confined to cell or segregated from other inmates, and
(b) visiting inmates (or arranging for them to be visited by another minister of religion of the same denomination) in circumstances in which they are suffering from a potentially fatal illness or injury.
On Sundays or other recognised days of religious observance, and on such other days as the general manager may permit, an accredited chaplain:
(a) may hold or conduct such rites, services or assemblies as pertain to the accredited chaplain’s denomination, or
(b) with the permission of the general manager, may hold or conduct combined services in association with ministers of religion of other denominations.
An accredited chaplain may minister to an inmate who is not of the accredited chaplain’s denomination, but only with the consent of the inmate and, if an accredited chaplain of the inmate’s denomination has been appointed to the correctional centre, that accredited chaplain.
With the approval of the general manager, an accredited chaplain may pursue such matters as the accredited chaplain considers to be in the interests of the welfare of inmates at the correctional centre to which he or she is accredited, and of their families.
An accredited chaplain is entitled:
(a) to visit the correctional centre to which he or she is accredited at all reasonable times, but not so as to disturb the ordinary routine of the centre, and
(b) to have access to inmates of the accredited chaplain’s denomination for the purpose of private and confidential religious ministrations.
With the approval of the general manager, a minister of religion of a particular denomination who is not accredited in relation to a particular correctional centre:
(a) may visit the centre, and
(b) may have access to inmates of that denomination,
if no other minister of religion of that denomination has been accredited for the centre.
On request by an inmate belonging to a denomination for which no minister of religion has been accredited, the general manager (after consultation with accredited chaplains) may arrange for the inmate to be visited by a minister of religion of that denomination.
A decision by the general manager to grant a request under subclause (3) does not affect the number of visits and maximum number of visitors to which the inmate may be entitled under clauses 72 and 73.
A minister of religion is entitled to have access to an inmate under this clause beyond the hearing (but within the sight) of a correctional officer.
An inmate’s objection to being visited by a minister of religion is to be fully respected.
An inmate may attend the following rites, services and assemblies conducted at the correctional centre:
(a) rites, services or assemblies of the inmate’s denomination,
(b) combined rites, services or assemblies conducted by ministers of religion of the inmate’s denomination in association with ministers of religion of other denominations,
(c) with the approval of the general manager, rites, services or assemblies 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 general manager.
A correctional centre chapel or a part of a correctional centre chapel that is used for the conduct of rites, services or assemblies may be used for such other purposes that are in keeping with the nature of the building, as may be determined by the general manager after consultation with the relevant accredited chaplains.
On request by an accredited chaplain, the general manager of a correctional centre must make available:
(a) a suitable part of the centre as a correctional centre chapel for the conduct of rites, services or assemblies, and
(b) suitable facilities for the safekeeping of books and other objects used in connection with the conduct of rites, services or assemblies,
if no such correctional centre chapel or facilities currently exist.
The general manager of a correctional centre is to encourage inmates to use the correctional centre chapel for personal devotion, worship and meditation.
An inmate must not desecrate or abuse any books or other objects used in connection with the rites, services or assemblies of a religious denomination.
Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.
A correctional officer or departmental officer must not damage any books or other objects used in connection with the rites, services and assemblies of a religious denomination, otherwise than in circumstances where the damage is:
(a) unavoidable, and
(b) in the course of a search or of carrying out the officer’s duties.
With the approval of the general manager, an accredited chaplain:
(a) may attend meetings of any committee concerned with the management of the correctional centre to which he or she is accredited, and
(b) at any such meeting, may offer advice in relation to the welfare of inmates.
An accredited chaplain is not entitled to vote on any motion or proposal put before such a committee or otherwise to participate in its decisions.
The accredited chaplains, in collaboration with the Commissioner and the appropriate religious authorities, may assist in:
(a) the development of community support for corrective services, and
(b) the development and extension of accredited chaplaincy services in correctional centres.
In consultation with the accredited chaplains and appropriate religious authorities, the Commissioner must from time to time review the effectiveness of the accredited chaplaincy services in correctional centres.
The Commissioner may prohibit:
(a) a particular minister of religion, or
(b) a minister of religion of a particular denomination,
from visiting a correctional centre if of the opinion that it would be prejudicial to the good order and security of the centre to allow such a visit.
An inmate who wishes to become a member of a religious denomination, or who wishes to change his or her religious denomination, is to cause written notice of those wishes to be given to the general manager of the correctional centre:
(a) setting out the inmate’s reasons for wishing to become a member of that denomination, and
(b) requesting any relevant records kept at the centre to be amended accordingly.
If satisfied (after consultation with the relevant accredited chaplain) that the request is made in good faith, the general manager is to cause the relevant records to be amended in accordance with the request.
For the purposes of this Part, an inmate is to be treated as belonging to the religious denomination (if any) that is for the time being shown in the relevant records in relation to the inmate.
If asked to do so by an accredited chaplain, the general manager must inform the chaplain of the names of all inmates at the correctional centre who are for the time being shown in the relevant records as belonging to the chaplain’s denomination.
The general manager of a correctional centre may permit a person to visit the centre, either generally or for the purpose of seeing a particular inmate at the centre.
The periods during which a person may visit a correctional centre are to be as determined by the Commissioner.
The general manager of a correctional centre is to ensure that the visiting hours are clearly displayed on a notice outside the centre.
If it is not practicable for a person to visit during visiting hours, the general manager may permit a visit outside those hours, subject to the convenience of the routine of the correctional centre.
A visit is to be permitted to continue for at least 30 minutes, unless it is terminated or unless it would otherwise extend beyond visiting hours.
An unconvicted inmate may be visited once as soon as practicable after reception into a correctional centre and afterwards twice weekly.
A convicted inmate may be visited once as soon as practicable after conviction and afterwards at such intervals as the general manager determines.
However, an extreme high risk restricted inmate may be visited once a week only, or more often if the Commissioner so determines.
A civil inmate may be visited daily, as often and for so long as the general manager determines.
The general manager of a correctional centre may permit additional visits to an inmate, particularly in the case of an inmate who is dangerously ill.
Up to 4 visitors may be present with an inmate at the same time.
The general manager of a correctional centre may permit additional visitors to be present with an inmate at the same time, particularly in the case of an inmate who is dangerously ill.
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 for the following persons:
(a) a correctional officer or departmental officer employed at the centre,
(b) the Minister or an Official Visitor for the centre,
(c) a member of the Review Council or of any committee of the Review Council,
(d) a Judge of the Supreme Court or District Court, a Magistrate or a coroner,
(e) a government official engaged on official duties,
(f) any person in the exercise of a power conferred by or under an Act (including a Commonwealth Act).
An inmate may refuse to receive a visitor, other than a government official engaged 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 a similar organisation approved by the Commissioner, or
(d) a visit by a government official on official duties, or
(e) a visit by an Official Visitor.
Despite subclause (1), the general manager of a correctional centre may permit an inmate who is confined to cell to receive visits from the inmate’s family and friends if, in the general manager’s opinion, it is appropriate to do so to avoid hardship (such as where family or friends have travelled a long way to make the visit).
The general manager of a correctional centre must cause a record to be kept of all visits to inmates at the centre.
The record must contain the following particulars in relation to each visit:
(a) the date of the visit,
(b) the name of the inmate,
(c) the name, address and date of birth of each visitor,
(d) the form of identification used by each visitor as evidence of his or her name and address,
(e) the relationship between each visitor and the inmate,
(f) the purpose of (and, where appropriate, the authority for) the visit,
(g) the form (contact or non-contact) in which the visit is permitted,
(h) the name of the correctional officer who supervised the visit,
(i) if the visit was terminated by a correctional officer, the fact that the visit was so terminated and the reason for its termination.
The record must also contain the following particulars as to each visit that has been refused:
(a) the date on which the visit was refused,
(b) the name, address and date of birth (if known) of the visitor,
(c) the reason for the visit being refused.
Copies of the record are to be kept in such manner and for such period as the Commissioner determines.
In addition to any other visit authorised by this Regulation, an inmate is entitled to be visited by the inmate’s legal practitioner.
In addition to any other visit authorised by this Regulation, an inmate who is a national of a foreign country may be visited by:
(a) a diplomatic or consular representative in Australia or New South Wales of the foreign country, or
(b) a diplomatic or consular representative in Australia or New South Wales of another foreign country that assumes responsibility for the inmate’s interests, or
(c) if the inmate is a refugee or stateless person, a representative of a national or international organisation (such as Amnesty International) that is recognised by the Commonwealth Government as having as an object the protection of the interests of such an inmate.
In addition to other visits authorised by this Regulation, an inmate who is an Aboriginal person may be visited by:
(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 Aboriginal persons and that is approved by the Commissioner.
In this clause,
A prior appointment for a visit under this Division must be made with the general manager.
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 general manager of a correctional centre may extend normal visiting hours to permit such a visit if, in the general manager’s opinion:
(a) it is convenient and practicable to do so, and
(b) the general manager 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, educational, sociological or other purpose approved by the Commissioner.
A visitor’s permit:
(a) may be issued by the Commissioner, and
(b) 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, and the Commissioner’s decision as to whether or not to grant the permit is final.
The Commissioner 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 an authorised officer, and
(b) must, before the visit takes place, inform an authorised 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 correctional officer supervising the visit, and
(b) must comply with any reasonable direction given by the correctional officer supervising the visit.
While visiting a correctional centre pursuant to a visitor’s permit, a person must not communicate with an inmate, or come into physical contact with an inmate, unless authorised to do so:
(a) by the conditions of the permit, or
(b) by an authorised officer.
Maximum penalty: 5 penalty units.
This Division applies to all visits under Division 1, 2 or 3.
An authorised officer may require a visitor:
(a) to produce evidence, satisfactory to the authorised officer, of the person’s name and address, and
(b) to state the purpose of the visit.
A visitor must not produce evidence, or make a statement, in response to a requirement under subclause (1) knowing the evidence or statement to be false or misleading in a material particular.
Maximum penalty: 10 penalty units.
An authorised officer may require a visitor to remove any face covering worn by the visitor so as to enable the visitor’s face to be seen by the officer or another authorised officer or person assisting in following the procedures set out in subclause (2B).
An authorised officer who requires a visitor to remove a face covering under subclause (2A) must, as far as is reasonably practicable, ensure that the following procedures are followed:
(a) the authorised officer must ask for the visitor’s co-operation,
(b) the viewing of the visitor’s face must be conducted:
(i) in a way that provides reasonable privacy for the visitor if the visitor requests privacy, and
(ii) as quickly as is reasonably practicable,
(c) the viewing of the face of a child under 12 years of age may only be conducted if a responsible person for the child is present during the viewing,
(d) if the visitor is 12 years old or older and requests it—the viewing of the visitor’s face is to be conducted by an authorised officer of the same sex as the visitor or, if an authorised officer of that sex is unavailable, by another person of that sex at the direction of an authorised officer,
(e) if the visitor is a child under 12 years old and the responsible person for the child requests it—the viewing of the child’s face is to be conducted by a female authorised officer or, if a female authorised officer is unavailable, by another female person at the direction of an authorised officer.
It is sufficient compliance with a requirement made under subclause (2A) if only so much of the face covering as prevents the visitor’s face from being seen is removed.
An authorised officer may not require a visitor to remove a face covering under subclause (2A) if the visitor establishes, to the officer’s satisfaction, that the visitor has a special justification for not removing the face covering.
A special justification includes having a legitimate medical reason for not removing the face covering.
An authorised officer may refuse to allow a person to visit a correctional centre if the person fails to comply with a requirement under subclause (1) or (2A).
In this clause:
A person may visit an extreme high risk restricted inmate only if the person has been approved by the Commissioner as a visitor to that inmate.
The Commissioner may require a visitor to undergo a criminal record check before approving the person as a visitor to an extreme high risk restricted inmate.
The Commissioner may refuse to approve a person as a visitor to an extreme high risk restricted inmate (on the basis of a criminal record check or for any other reason).
The Commissioner may revoke an approval of a person as a visitor to an extreme high risk restricted inmate at any time.
The Commissioner may authorise a departure from the requirements of this clause in respect of a particular visitor or a particular visit.
This clause does not limit the general power of a general manager to refuse to allow a person to visit an inmate under clause 100.
An authorised officer or the principal security officer may require a visitor:
(a) to submit to an inspection and search of personal possessions, to scanning by means of an electronic scanning device and to being sniffed by a dog, and
(b) to empty the pockets of the visitor’s clothing, and
(c) to make available for inspection and search any vehicle under the visitor’s control that is on the premises of a correctional centre.
Except as otherwise provided by this Regulation or as permitted by an authorised officer, a visitor must, while the visit is taking place, leave anything that the visitor has brought into a correctional centre in storage facilities provided for the purpose at the centre.
Maximum penalty: 5 penalty units.
An authorised officer or the principal security officer may confiscate, for the duration of the visit, anything that a visitor has brought into the correctional centre but not left in storage facilities as required by subclause (2).
Subclause (3) does not limit any other power that an authorised officer or principal security officer may have apart from this clause to seize or detain anything of the kind referred to in that subclause, such as a power to seize any such thing from a person following the person’s lawful arrest.
A visitor must not hinder or obstruct a dog being used to assist in maintaining the good order and security of a correctional centre.
Maximum penalty: 5 penalty units.
A visitor 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 visitor must not take photographs of, or operate video or audio recording equipment at, a correctional centre without the prior approval of the general manager.
Maximum penalty: 20 penalty units.
The general manager may confiscate any photograph, film, tape or other recording, or delete any digital recording, taken or made by a person in contravention of this clause.
The general manager may destroy any part of a confiscated photograph, film, tape or recording which the general manager is satisfied is likely to prejudice the security of a correctional centre or place anyone’s personal safety at risk.
Any part of the photograph, film, tape or recording that the general manager is satisfied is not likely to prejudice the security of a correctional centre or place anyone’s personal safety at risk must be returned to the person from whom it was taken.
Before returning any photograph, film, tape or recording, the general manager 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 must not deliver anything to or receive anything from an inmate at a correctional centre, and
(b) an inmate at a correctional centre must not deliver anything to or receive anything from a visitor.
Maximum penalty (for an offence committed by a visitor): 1 penalty unit.
Failure by an inmate to comply with the requirements of subclause (1) (b) is a correctional centre offence.
With the approval of an authorised officer:
(a) a visitor may deliver an article to a correctional officer at a correctional centre for delivery to an inmate, and
(b) an inmate may deliver an article to a correctional officer for delivery to a visitor.
Visits to inmates may be either “contact” visits, in which the inmate and the visitor are permitted physical contact with each other, or “non-contact” visits, in which the visit takes place in an environment in which physical contact is prevented.
The general manager of a correctional centre may direct that a visit is to be, or is to continue as, a non-contact visit if of the opinion that the visitor is likely:
(a) to introduce into the centre prohibited goods or any other property that an inmate is not authorised by this Regulation to possess, or
(b) to act in a threatening, offensive, indecent, obscene, abusive or improper manner.
A direction under this clause has effect for such period as it may specify or, if no such period is specified, from the time it is given until it is revoked by a further direction.
Despite subclauses (1)–(3), a visit to a Category AA male inmate, Category 5 female inmate or an extreme high risk restricted inmate may not be a contact visit unless the Commissioner so approves.
During a visit to an extreme high risk restricted inmate, all communications must be conducted in English or another language approved by the Commissioner.
If communications are conducted in a language other than English, the visit must take place within the hearing of an interpreter approved by the Commissioner.
In any case, a visit to an extreme high risk restricted inmate must take place within the hearing of a correctional officer.
The Commissioner may authorise a departure from the requirements of this clause in respect of a particular visitor or a particular visit.
A visit must take place within sight of a correctional officer unless the general manager permits otherwise.
Subclause (1) does not apply to the holder of a visitor’s permit under Division 3 who is authorised by the conditions of the permit to interview or examine an inmate out of sight of a correctional officer.
An authorised officer may inspect or examine, but not read, any document or other recorded material (including information recorded in electronic form) that is taken into a correctional centre by an inmate’s legal practitioner for the purpose of discussing or transacting legal business.
The general manager of a correctional centre must ensure that arrangements are made for an inmate and the inmate’s legal practitioner to have joint access to any such document or other recorded material that is taken into the centre for the purpose of discussing or transacting legal business.
Nothing in this clause limits the operation of clause 95.
An authorised officer may terminate any visit (whether or not the visitor is entitled to make the visit) if of the opinion:
(a) that the visitor has contravened any provision of the Act or this Regulation, or
(b) that the visitor (or inmate being visited by the visitor) is or has been acting in a threatening, offensive, indecent, obscene, abusive or improper manner, or
(c) that the continuation of the visit would prejudice the good order and security of the correctional centre, or
(d) that it is in the interests of the visitor, being a visitor who is under the age of 18 years, to terminate the visit.
Note— For example, the Commissioner may terminate a visit by a child who is visiting an inmate convicted of a sexual offence if the Commissioner is of the opinion that it is necessary for the protection of the child.
If a visit is terminated under this clause, the authorised officer must cause notice of that fact to be given to the general manager.
The general manager must cause a copy of the notice to be sent to the Commissioner.
A person whose visit is terminated under this clause may be removed from the correctional centre if he or she fails to leave when requested.
This Division applies to all visits under Division 1, 2 or 3.
The general manager of a correctional centre may refuse to allow a person to visit the centre or an inmate if of the opinion that such a visit would prejudice the good order and security of the centre.
An authorised officer may refuse to allow a person to visit a correctional centre or an inmate if of the opinion that the person is under the influence of alcohol or a drug.
The Commissioner may direct that a particular person be prevented from entering any correctional centre, or from visiting an inmate at any such centre, if of the opinion:
(a) that such a visit would prejudice the good order and security of any such correctional centre, or
(b) that the visitor has, during the current visit or during a previous visit, acted in a threatening, offensive, indecent, obscene, abusive or improper manner.
The Commissioner may direct that a person who is under the age of 18 years is to be prevented from visiting an inmate at any centre, if the Commissioner is of the opinion that it is in the interest of the person that the direction be given.
For example, the Commissioner may direct that a child be prevented from visiting an inmate convicted of a sexual offence if the Commissioner is of the opinion that it is necessary for the protection of the child.
A direction under this clause has effect for such period as it may specify or, if no such period is specified, until it is revoked by a further direction.
Despite the direction, the Commissioner may permit the person to whom the direction applies to visit a particular correctional centre or particular inmate.
Permission given under subclause (4) may be given subject to any condition that the Commissioner considers appropriate.
Without limiting subclause (5), the Commissioner may impose the following conditions:
(a) that the visit be a non-contact visit,
(b) that, in the case of a visit by a child, the child be accompanied by an approved adult for the duration of the visit.
A person who is not otherwise authorised by this Regulation to be admitted to a correctional centre must not be admitted to the centre without the prior authority of the Commissioner.
Subject to this Division:
(a) an inmate may send letters or parcels to, and receive letters or parcels from, any other person, and
(b) a letter or parcel sent to or by an inmate is not to be censored.
An inmate must not send or receive any letter or parcel otherwise than through the hands of a nominated officer.
Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.
An inmate must not send from a correctional centre:
(a) any threatening, offensive, indecent, obscene or abusive written or pictorial matter, or
(b) any offensive, indecent or obscene article.
Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
The general manager of a correctional centre or a nominated officer may open, inspect and read a letter or parcel sent to or by an inmate and, if it contains prohibited goods, may confiscate the letter or parcel and its contents and deal with them in accordance with the directions of the Commissioner.
The inmate is to be informed of the confiscation of any letter, parcel or prohibited goods.
A nominated officer may direct that any written or pictorial matter contained in a letter or parcel opened, inspected or read under this clause be copied before the letter or parcel containing the matter is delivered to the addressee.
Such a direction may be given only if the nominated officer is of the opinion that the written or pictorial matter to be copied:
(a) contains anything likely to prejudice the good order and security of any correctional centre, or
(b) is threatening, offensive, indecent, obscene or abusive.
This clause does not apply to:
(a) any letter or parcel addressed to, or received from, an exempt body or exempt person, or
(b) any letter or parcel to which clause 108 applies.
As soon as practicable after receiving from an inmate any letter or parcel addressed to an exempt body or exempt person, a nominated officer must post the letter or parcel to the addressee, without opening, inspecting or reading it.
(Repealed)
As soon as practicable after receiving from an exempt body or exempt person any letter or parcel addressed to an inmate, a nominated officer must deliver the letter or parcel to the inmate, without opening, inspecting or reading it.
(f) of the death of any inmate that occurs while the inmate is in the general manager’s custody (whether at the centre or elsewhere), and
(g) of any escape or attempted escape by an inmate that occurs while the inmate is in the general manager’s custody (whether at the centre or elsewhere), and
(h) of such other information as the Commissioner may require a record to be kept.
The general manager of a correctional centre must conduct a daily inspection of all inmates who are confined to cell.
The order of ranking of correctional officers, in descending order, is as follows:
• Deputy Commissioner
• Assistant Commissioner
• Chief Superintendent
• General Manager
• Superintendent
• Manager of Security
• Deputy Superintendent
• Senior Assistant Superintendent
• Principal Correctional Officer
• Assistant Superintendent
• Chief Correctional Officer
• Senior Correctional Officer
• Correctional Officer
• Probationary Correctional Officer
The order of ranking of departmental officers employed in the Corrective Services Industries Branch of Corrective Services NSW, in descending order, is as follows:
• Manager of Industries (Level 1) and Principal Industries Officer (Level 1)
• Manager of Industries (Level 2) and Principal Industries Officer (Level 2)
• Manager, Centre Services and Employment
• Manager, Business Unit
• Senior Overseer
• Overseer
For the purposes of the definition of
For the purposes of the definition of
(a) the Compensation Court,
(b) the Civil and Administrative Tribunal,
(c) the Administrative Appeals Tribunal of the Commonwealth,
(d) the Migration Review Tribunal of the Commonwealth,
(e) the Refugee Review Tribunal of the Commonwealth,
(f) the Mental Health Review Tribunal.
If the Commissioner considers it necessary to do so, the Commissioner may exercise any function that, under this Regulation, may be exercised by an officer of Corrective Services NSW.
For the purpose of performing the duties of a custodian of offenders 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.
The Commissioner may authorise the operation in correctional centres of a biometric identification system for the purposes of controlling access to the centre by all persons (including persons performing the duties of a custodian of offenders).
The system is to be designed to ensure that each person who enters a correctional centre for the purposes of:
(a) conducting a visit, or
(b) carrying out duties or activities requiring access to the centre,
is the same person who leaves the centre after conducting that visit or carrying out those duties or activities.
In order to gain access to a correctional centre, a person may be required to comply with the requirements relating to the operation of the system and may be denied access to a correctional centre if the person refuses to comply with any such requirement.
The requirements relating to the operation of the system include:
(a) the recording of a person’s biometric algorithm in the system’s database, along with the person’s photo image and personal details, and
(b) the scanning of a person’s fingerprints each time the person enters or leaves a correctional centre.
This clause does not apply in respect of any person who is under the age of 18 years unless:
(a) the person has previously been the subject of a direction by the Commissioner under clause 102, or
(b) the person has been convicted of an offence in relation to a previous visit by the person to a correctional centre, or
(c) the correctional officer in charge of the visiting area of the correctional centre being visited by the person is of the opinion that the person’s physical appearance is similar to that of an inmate of the centre.
The Commissioner is to ensure that the following requirements are complied with in relation to the operation of an authorised biometric identification system in any correctional centre:
(a) any image or recording of a person’s features (other than the person’s photograph) must not be retained on the system, and must be deleted as soon as the person’s biometric algorithm is made,
(b) a person’s biometric algorithm must not be made, stored or kept as part of any other database that is maintained by or on behalf of Corrective Services NSW,
(c) the system must not be used to reconstruct a person’s features from a person’s biometric algorithm,
(d) the photograph of each visitor to a correctional centre must be eliminated from the system:
(i) within 6 months of the person’s last recorded visit to a correctional centre, or
(ii) as soon as possible at the request of the person,
(e) a person’s biometric algorithm must not be stored in the system’s database in such a way that would enable unauthorised access to the information,
(f) permission must not be given to any person or agency that would enable any person (other than a correctional officer or departmental officer) to gain access to a person’s biometric algorithm stored in the system’s database.
Any person who is involved in the operation of an authorised biometric identification system must not knowingly or negligently:
(a) permit any person to gain access to any information in the system’s database, or
(b) provide such a person with any information in the system’s database, or
(c) use the system to reconstruct a person’s features from the person’s biometric algorithm.
This clause does not prevent access to a person’s photograph or personal details from being given to:
(a) the Commissioner, or
(b) the principal officer (however described) of a law enforcement agency, or
(c) any person involved in the operation, maintenance, repair or replacement of the system.
For the purposes of this clause, a person’s
The Commissioner or the general manager of a correctional centre may designate an enclosed area of the centre as an area in which smoking is prohibited.
Any such area is to be designated by means of signs or notices displayed within the area.
The Minister may require the provision of such evidence as the Minister considers appropriate as proof of any alleged relationship through which a person claims to be the victim of an offender or a member of the family of a victim of an offender.
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:
(a) must set out the reasons for the consideration by the Review Council of a change in the security classification of the relevant offender, and
(b) must indicate that a submission made by a victim must be made in writing, and
(c) must 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.
If the Commissioner notifies the Parole Authority that he or she may wish to make a submission under section 185 of the Act concerning any matter, the Parole Authority must give the Commissioner copies of the reports and other documents intended to be used by the Parole Authority in making a decision with respect to that matter.
For the purposes of making a submission under section 185 of the Act, the Commissioner:
(a) may be represented by a legal practitioner or, with the consent of the Parole Authority, by any other person, and
(b) may call and examine any witness who attends, including any witness called by the Parole Authority, and
(c) may give evidence on oath, and
(d) may produce documents and exhibits to the Parole Authority, and
(e) may otherwise adduce, orally and in writing, to the Parole Authority such matters, and address the Parole Authority on such matters, as are relevant to the proceedings before the Parole Authority.
Any act, matter or thing that, immediately before the commencement of this Regulation, had effect under the Crimes (Administration of Sentences) Regulation 2001 continues to have effect under this Regulation.
(Clauses 5, 175, 201 and 212)
1 | The inmate’s full name, together with any other names by which he or she is known |
2 | The address of the inmate’s usual place of residence, together with the telephone number for that address |
3 | The name, address and telephone number of the inmate’s next of kin |
4 | The inmate’s age and date of birth |
5 | A head-and-shoulders photograph of the inmate |
6 | A full set of the inmate’s fingerprints |
7 | The inmate’s biometric characteristics |
8 | Video or closed-circuit television footage of the inmate |
9 | The serial number or other identifier of the inmate’s passport (if any) |
10 | A description of the inmate’s general appearance, including height, weight, build, hair colour and eye colour and (if appropriate) the shape and colour of any sideburns, beard or moustache |
11 | Particulars of any distinguishing features of the inmate’s appearance, including the nature and location of any tattoos |
12 | Particulars of the language or languages spoken by the inmate |
13 | Particulars of any exceptional circumstances in the inmate’s family history (such as incidents of physical or sexual abuse committed by or against the inmate) |
14 | Particulars of the state of the inmate’s physical and mental health, including any medical, psychiatric or psychological reports and the results of any psychological tests, together with details of any known tendency of the inmate to attempt suicide or inflict self-harm |
15 | Particulars of any involvement by the inmate in the abuse of drugs or other intoxicating substances, including the results of any drug tests |
16 | Particulars of any ethnic or racial group to which the inmate belongs, with particular reference to whether the inmate is an Aboriginal person or Torres Strait Islander |
17 | Particulars of any religious denomination to which the inmate claims affiliation |
18 | Particulars as to the inmate’s trade or vocation, including the inmate’s employment history |
19 | Particulars as to the inmate’s financial circumstances |
20 | Particulars of the inmate’s domestic circumstances (that is, whether the inmate is single, married, widowed or divorced, whether the inmate has a de facto partner and whether the inmate has children or other dependants) “De facto partner” is defined in section 21C of the Interpretation Act 1987. |
21 | Particulars of the inmate’s criminal history, both in New South Wales and elsewhere, including particulars of any period during which the inmate has been under the supervision of the Community Corrections Division, Department of Attorney General and Justice |
22 | Particulars of any period during which the inmate has been on release on bail |
23 | Particulars as to the inmate’s criminal associates |
(Clause 117)
Provision | Subject |
Clause 5 | Supply false or misleading particulars |
Clause 8 | Fail to surrender property on reception |
Clause 35 | Fail to clean yards |
Clause 36 | Fail to comply with correctional centre routine |
Clause 37 | Enter other cells |
Clause 38 | Fail to attend musters |
Clause 39 | Misuse of bell, hooter, siren or whistle |
Clause 40 | Avoid correctional centre routine |
Clause 41 | Unlawfully deliver or receive article to or from inmate |
Clause 42 | Create or possess prohibited goods |
Clause 43 | Resist or impede search |
Clause 44 | Fail to keep property in a tidy and orderly manner |
Clause 49 | Unlawfully purchase food |
Clause 49 | Possess unauthorised food |
Clause 49 | Unlawfully trade in food |
Clause 53 | Fail to maintain personal cleanliness |
Clause 54 | Wear improper clothing |
Clause 55 | Fail to keep clean cells and issued articles |
Clause 55 | Damage, destroy or deface cell |
Clause 55 | Fail to look after clothing, bedding and other issued articles |
Clause 56 | Unlawfully possess condom or dental dam |
Clause 56 | Unlawfully use condom or dental dam |
Clause 56 | Unlawfully dispose of condom or dental dam |
Clause 58 | Misbehave while attending services and programs |
Clause 65 | Desecrate or abuse religious objects |
Clause 94 | Convey or deliver to, or receive from, visitors unauthorised articles |
Clause 104 | Send or receive unauthorised letters or parcels |
Clause 105 | Send prohibited letters or articles |
Clause 110 | Unlawfully use telephone or fax |
Clause 112 | Possess camera or video or audio recording equipment or charger |
Clause 113 | Use or possess mobile phone, mobile phone SIM card or mobile phone charger |
Clause 120 | Disobey direction |
Clause 124 | Contravene condition of local leave order or permit or interstate leave permit |
Clause 125 | Conceal for purpose of escape |
Clause 126 | Conceal item for use in escape or other offence |
Clause 127 | Possess offensive weapon or instrument |
Clause 128 | Intimidation |
Clause 129 | Indecency |
Clause 130 | Participate, or incite other inmates to participate, in riot |
Clause 131 | Assault |
Clause 131 | Fight or engage in other physical combat |
Clause 131 | Throw article |
Clause 132 | Steal |
Clause 132 | Damage or destroy property |
Clause 132 | Tamper with food or drink |
Clause 133 | Hinder or obstruct dog |
Clause 134 | Cause harm to animal, bird or reptile |
Clause 135 | Interfere with correctional centre property |
Clause 136 | Tattoo |
Clause 137 | Gamble |
Clause 138 | Possess or consume alcohol |
Clause 138 | Prepare or manufacture alcohol |
Clause 139 | Possess drug |
Clause 140 | Administer drug |
Clause 141 | Possess drug implement |
Clause 142 | Self-intoxication |
Clause 143 | Fail prescribed urine test |
Clause 144 | Smoke in non-smoking area |
Clause 144 | Alter, damage or remove non-smoking sign or smoking sign |
Clause 145 | Bribery |
Clause 146 | Obstruct correctional officer |
Clause 147 | Refuse breath testing |
Clause 149 | Refuse or fail to supply urine sample |
Clause 150 | Refuse or fail to supply urine sample |
Clause 161 | Make mischievous complaint |
Clause 173 | Give false or misleading information |
(Repealed)
(Clause 3)
(Clause 243)
To the State Parole Authority
I, (
Signed: (
Date: (
(Clause 244)
To: (
TAKE NOTICE that the State Parole Authority, on (
The State Parole Authority will reconvene on (
A copy of the revocation order is attached.
* Copies are attached of reports and other documents used by the State Parole Authority in reaching its decision to revoke the order concerned.
You may make submissions to the State Parole Authority with respect to *the revocation of the order concerned/*the date of revocation of the order concerned. If you wish to do so, you must notify the Secretary of the State Parole Authority not later than (
Signed: (
Date: (
*
(Clause 316)
A Bravery Medal of gold plated sterling silver with dark blue and red striped ribbon may be awarded to an officer for conduct of conspicuous merit involving an act of exceptional bravery.
In the event of any further such conduct a plain gold plated bar may be awarded to the officer. The bar is to be attached to the ribbon.
A Commendation for Brave Conduct (comprising two vertical royal blue stripes separated by a white stripe and with white edging, to which is attached a bronze lion’s head) may be awarded to an officer for an act of bravery.
An Exemplary Conduct Cross of sterling silver with blue ribbon having a central yellow stripe may be awarded to an officer for conduct or service characterised by initiative, leadership or distinctive devotion to duty.
A Unit Citation (comprising a dark blue ribbon, with a white central band, set in a gilt metal frame) may be awarded to members of a unit who have performed outstanding service.
A Meritorious Service Medal of bronze with red ribbon having a central yellow stripe may be awarded to an officer for 20 years of meritorious service to Corrective Services NSW.
For the completion of each additional 5 years of service a clasp lettered with the total number of years of meritorious service may be awarded to the officer, as follows:
(a) after 25 years of service—a clasp of bronze colour,
(b) after 30 years of service—a clasp of silver colour,
(c) after 35 years of service—a clasp of gold colour,
(d) after 40 years of service—a further clasp of gold colour.
In addition, for the completion of each additional 5 years of service (beyond 20 years) a rosette may be awarded to the officer, as follows:
(a) after 25 years of service—a rosette of bronze colour,
(b) after 30 years of service—a rosette of silver colour,
(c) after 35 years of service—a rosette of gold colour,
(d) after 40 years of service—a further rosette of gold colour.
A Service Medal of bronze with ribbon having equal stripes of dark blue and white (with blue being the outer and central stripes) may be awarded to an officer for 15 years of satisfactory service to Corrective Services NSW.
(Clause 205 (1))
In this Schedule:
The following do not apply to or in respect of an offender serving a sentence in Stage 1 or Stage 2 compulsory drug treatment detention:
(a) Divisions 1 (except sections 6 and 7), 2, 3A, 4, 5 and 7 of Part 2 of the Act,
(b) sections 52–65, 78 (3) and (6) and 79 (v) and (v1) of the Act,
(c) Part 2.2 of this Regulation,
(d) clauses 30–32, 35, 58, 72, 73, 82 (1), 95, 108, 108A, 108B, 111 (2) (b), 143, 149–151, 152 (b) and 169 of this Regulation,
(e) the words “Subject to clauses 108 and 108A,” in clause 109 of this Regulation.
The following provision is taken to apply to or in respect of an offender serving a sentence in Stage 1 or Stage 2 compulsory drug treatment detention as if the provision were included after section 51 of the Act:
Provisions of this Act and the regulations that are declared by the regulations to be correctional centre offences are taken to be conditions of each offender’s personal plan.
(Clause 3)
(a) (Repealed)
(b) in relation to an offender under Chapter 6, a place where the offender performs, or is required to perform, community service work involving participation in personal development, educational or other programs.
(a) a prohibited drug or prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985, or
(b) a substance listed in Schedule 2, 3 or 4 to the Poisons List under the Poisons and Therapeutic Goods Act 1966, or
(c) any derivative of a substance referred to in paragraph (a) or (b), or
(d) any mixture containing such a substance or derivative.
(a) the Ombudsman, the Judicial Commission, the New South Wales Crime Commission, the Police Integrity Commission, the Anti-Discrimination Board, the Civil and Administrative Tribunal the Independent Commission Against Corruption, the Inspector of Custodial Services, the Privacy Commissioner, the Information Commissioner, the Legal Aid Commission, the Legal Services Commissioner or the Legal Services Tribunal, or
(b) the Commonwealth Ombudsman, the Commonwealth Human Rights and Equal Opportunity Commission or the Australian Crime Commission.
(a) the principal security officer, or
(b) the general manager of the centre, or
(c) any correctional officer or departmental officer appointed by the principal security officer or by the general manager of the centre.
(a) the Commissioner, or
(b) a correctional officer or departmental officer authorised by the Commissioner to exercise the functions of a prescribed DCS officer for the purposes of that provision.
(a) the Chief Executive Officer, Justice Health, or
(b) a medical officer or other member of staff of Justice Health authorised by the Chief Executive Officer, Justice Health, to exercise the functions of a prescribed Justice Health officer for the purposes of that provision.
(a) money, or
(b) anything that, in the opinion of a nominated officer, is likely to prejudice the good order and security of a correctional centre, or
(c) any threatening, offensive, indecent, obscene or abusive written or pictorial matter, or
(d) any offensive, indecent or obscene article, or
(e) anything that could constitute a risk to national security (for example, because of a perceived risk that it may be used in connection with terrorist activities), or
(f) anything that, in the opinion of a nominated officer, is intended to facilitate, incite or be used in connection with any unlawful activity.
(a) in relation to an intensive correction offender, a supervisor under clause 174, and
(b) in relation to a home detainee, such person as the Commissioner may appoint to supervise the home detainee.
This definition extends to persons such as tradespersons and media personnel.
(a) (Repealed)
(b) in relation to an offender under Chapter 6, a place where the offender performs, or is required to perform, community service work (not involving participation in personal development, educational or other programs).
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