Crimes (Administration of Sentences) Regulation 2014 (NSW)

Case
No judgment structure available for this case.

Does not include amendments by—

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

whole Regulation: Am 2016 No 47, Sch 2.1 [1] (“general manager”, “general managers” and “general manager’s” omitted wherever occurring, “governor”, “governors” and “governor’s” inserted instead, respectively).

Part 1Preliminary1Name of Regulation

This Regulation is the Crimes (Administration of Sentences) Regulation 2014.

2Commencement

This Regulation commences on 1 September 2014 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Crimes (Administration of Sentences) Regulation 2008, which is repealed on 1 September 2014 by section 10(2) of the Subordinate Legislation Act 1989.

3Interpretation(1)

In this Regulation—

accredited analytical laboratory means a laboratory that—

  • (a)

    is accredited as an analytical laboratory by an entity authorised by the Commonwealth to accredit analytical laboratories, and

  • (b)

    is approved for the purposes of this Regulation by the Commissioner.

accredited chaplain means a minister of religion who is accredited as a chaplain under clause 63.

analyst means—

  • (a)

    an analyst within the meaning of Schedule 3 to the Road Transport Act 2013, or

  • (b)

    a person employed by the owner or operator of an accredited analytical laboratory as an analyst.

approved means approved by the Minister (in relation to an approved form) or by the Commissioner (in relation to anything else that requires approval).

armed post means an area, within a correctional centre, at which an armed correctional officer is regularly stationed.

authorised officer, in relation to a function of the governor of a correctional centre, means the governor or a correctional officer authorised by the governor to exercise the function.

breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood.

case plan, in relation to an offender, means a plan for the management of the offender that includes provisions that indicate the development programs in which the offender should be encouraged to participate and the services that the offender should be encouraged to make use of, and the offender’s obligations in relation to the programs and services.

cell includes any room or enclosed space in which an inmate is accommodated.

central name index number means the unique identification number assigned to an individual in the NSW Police Force Computerised Operational Policing System.

Civil Chaplaincies Advisory Committee means the committee, made up of representatives from various religious organisations, that liaises between the religious organisations and government departments in matters of chaplaincy in correctional centres.

civil inmate means an inmate who is being held in custody otherwise than because of a criminal offence.

Commissioner’s instructions means instructions issued by the Commissioner under section 235B of the Act.

Commonwealth Ombudsman means the Commonwealth Ombudsman appointed under section 21(1) of the Ombudsman Act 1976 of the Commonwealth.

contact visit means a visit to an inmate in which the inmate and the visitor are permitted physical contact with each other.

correctional centre includes a correctional complex.

correctional centre armoury means an armoury for the storage of firearms.

correctional centre offence has the same meaning as it has in Division 6 of Part 2 of the Act.

Note.

See clauses 127 and 128 for the declaration of correctional centre offences for the purposes of Division 6 of Part 2 of the Act.

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

development program has the same meaning as it has in Part 7 of the Crimes (Sentencing Procedure) Act 1999.

drug means—

  • (a)

    a prohibited drug or prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985, or

  • (b)

    a substance declared to be a drug under subclause (3).

drug test sample, in relation to a person, means a sample of the person’s breath, urine or oral fluid.

electronic monitoring officer means any person who is employed for the purpose of monitoring offenders who are subject to electronic monitoring.

escape-risk classification means a classification under clause 14.

Ethics Committee means the Ethics Committee established under clause 182.

exempt body means—

  • (a)

    the Ombudsman, the Judicial Commission, the New South Wales Crime Commission, the Law Enforcement Conduct 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 Australian Human Rights Commission or the Australian Crime Commission.

exempt person means a Member of Parliament, a legal practitioner or a police officer.

extreme high risk restricted inmate means an inmate who is designated as an extreme high risk restricted inmate under clause 15.

extreme high security inmate means an inmate who is designated as an extreme high security inmate under clause 15.

force includes the threat to use force and the carriage and use of restraining equipment.

government official means a person employed in the service of the Crown, and includes a police officer.

high risk offender has the same meaning as it has in section 271A of the Act.

high security, extreme high security or extreme high risk restricted designation means a designation under clause 15.

high security inmate means an inmate who is designated as a high security inmate under clause 15.

intensive correction offender means a person in respect of whom an intensive correction order is in force.

legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Uniform Law (NSW).

letter includes any card, telegram, document or other similar form of written communication, whether or not contained in a parcel, and includes an envelope containing any of those things, but does not include a fax transmission.

master index number means the unique identification number assigned to an individual in the Corrective Services NSW Offender Integrated Management System.

minister of religion, in relation to a religious organisation, means a priest, rabbi, imam or other person appointed or authorised by the appropriate authority for the organisation to minister to its members and to carry out other religious duties.

national security interest inmate means an inmate who is designated as a national security interest inmate under clause 15.

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

  • (a)

    the principal security officer, or

  • (b)

    the governor of the centre, or

  • (c)

    any correctional officer or departmental officer appointed by the principal security officer or by the governor of the centre to exercise a function under this Regulation as a nominated officer.

non-contact visit means a visit to an inmate in which the visit takes place in an environment in which physical contact between the visitor and the inmate is not permitted.

non-custodial order, for Schedule 5A—see Schedule 5A, clause 1.

nursing officer means a registered nurse employed by Justice Health and Forensic Mental Health Network.

parcel means any parcel, package or other similar article, and includes any parcel or package containing any book, newspaper, magazine or other similar printed material.

prescribed CSNSW officer, in relation to a provision of this Regulation, means—

  • (a)

    the Commissioner, or

  • (b)

    a correctional officer or departmental officer authorised by the Commissioner to exercise the functions of a prescribed CSNSW officer for the purposes of the provision.

prescribed health officer, in relation to a provision of this Regulation, means—

  • (a)

    the Chief Executive, Justice Health and Forensic Mental Health Network, or

  • (b)

    a medical officer or other member of staff of Justice Health and Forensic Mental Health Network authorised by the Chief Executive, Justice Health and Forensic Mental Health Network, to exercise the functions of a prescribed health officer for the purposes of the provision.

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

prohibited drug has the same meaning as it has in the Drug Misuse and Trafficking Act 1985.

prohibited goods means—

  • (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.

protected person, for Schedule 5A—see Schedule 5A, clause 1.

protection order, for Schedule 5A—see Schedule 5A, clause 1.

registered external protection order, for Schedule 5A—see Schedule 5A, clause 1.

restraining equipment means equipment of the kind referred to in clause 132.

restricted associate, of an inmate, means a person with whom the inmate has been directed not to associate or make contact under an interim supervision order or extended supervision order (within the meaning of the Crimes (High Risk Offenders) Act 2006 or the Terrorism (High Risk Offenders) Act 2017) made in respect of the inmate, but only if—

  • (a)

    the order is suspended (or the inmate’s obligations under the order are suspended), or

  • (b)

    the order expired because a continuing detention order (that is still in force) was made in respect of the inmate, or

  • (c)

    the order has been made but is yet to commence.

Note.

See sections 10(2) and 18D of the Crimes (High Risk Offenders) Act 2006 for the circumstances in which extended supervision orders expire or are suspended. See also sections 26 and 47 of the Terrorism (High Risk Offenders) Act 2017.

senior officer, in relation to Part 19, means a correctional officer who is holding office or acting in a rank that is of or above the rank of Senior Correctional Officer.

sentencing court’s comments, in relation to an inmate, means any recommendation, observation or expression of opinion made by the sentencing court in relation to the inmate’s sentence when sentence is originally or finally imposed.

the Act means the Crimes (Administration of Sentences) Act 1999.

unconvicted inmate means an inmate who is not a convicted inmate or a civil inmate.

visitor means a visitor to a correctional centre or to a particular person within a correctional centre, and includes any person who comes onto the premises of a correctional centre, whether by request or otherwise, other than in the performance of his or her functions under the Act or this Regulation.

Note.

Tradespersons and media personnel are examples of visitors.

work site, in relation to an offender under Part 10 or 13, means a place where the offender performs, or is required to perform, community service work (not involving participation in personal development, educational or other programs).

Note.

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

(2)

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.

(3)

For the purposes of the Act, each of the following substances is declared to be a drug—

  • (a)

    a substance listed in Schedule 2, 3 or 4 to the Poisons List under the Poisons and Therapeutic Goods Act 1966,

  • (b)

    any derivative of—

    • (i)

      a prohibited drug or prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985, or

    • (ii)

      a substance referred to in paragraph (a),

  • (c)

    any mixture containing a substance or derivative referred to in paragraph (a) or (b).

(3A)

A reference in this Regulation to a community corrections officer is, where the offender is subject to supervision by a juvenile justice officer, taken to be a reference to a juvenile justice officer within the meaning of the Children (Detention Centres) Act 1987.

Note.

Juvenile justice officers are referred to in certain provisions of the Crimes (Sentencing Procedure) Act 1999 (see sections 89–91 and 99–100) and the Crimes (Administration of Sentences) Act 1999 (see sections 107E and 108E).

(4)

Notes included in this Regulation do not form part of this Regulation.

cl 3: Am 2015 (68), Sch 1 [1] [2]; 2015 (390), Sch 1 [1]; 2015 (662), Sch 1 [1]; 2016 No 61, Sch 6.9; 2017 (420), Sch 1 [1]; 2017 No 68, Sch 2.7 [1]–[3]; 2018 (213), Sch 1 [1]; 2018 (536), Sch 1 [1]–[3]; 2018 (574), cl 3 (1); 2022 (487), Sch 1[1]; 2025 (161), Sch 1[1].

Part 2Admission procedures for correctional centresDivision 1Recording and providing information4Information to be recorded in relation to inmates(1)

As soon as practicable after an inmate is received into a correctional centre, there must be recorded in relation to the inmate—

  • (a)

    the information referred to in Schedule 1 that is relevant to the inmate, and

  • (b)

    any other information the Commissioner considers appropriate.

(2)

An inmate must not give any information for the purposes of this clause knowing that it is false or misleading in a material particular.

Note.

Failure by an inmate to comply with this subclause is a correctional centre offence.

5Inmates to be notified of rights and obligations

As soon as practicable after an inmate is first received into a correctional centre, the governor must ensure the inmate is informed of the following—

  • (a)

    the correctional centre rules (that is, the terms of any general directions given under Part 2 of the Act or under Parts 2–9 of this Regulation),

  • (b)

    the inmate’s obligations relating to discipline and conduct,

  • (c)

    the inmate’s rights of legal representation and appeal in relation to proceedings under this Regulation,

  • (d)

    the case management process,

  • (e)

    the authorised methods of seeking information and making complaints,

  • (f)

    the role of an Official Visitor,

  • (g)

    the functions of the Review Council in relation to the segregation and protective custody of inmates,

  • (h)

    any other matter necessary to enable the inmate to understand the inmate’s rights and obligations and adapt to living in the centre.

6Information for inmates who are nationals of other countries(1)

As soon as practicable after an inmate who is a national of another country is received into a correctional centre, the governor must ensure the inmate is informed that the diplomatic or consular representative of that country will be informed of the inmate’s imprisonment if the inmate makes a written application for that purpose.

(2)

If the inmate makes the application, the governor must inform the diplomatic or consular representative without delay.

Division 2Surrender of, and dealing with, property7Surrender of property by inmates

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.

Note.

Failure by an inmate to comply with this clause is a correctional centre offence.

8Delivery of property by police and other persons

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 governor.

9Dealing with property surrendered on reception(1)

On receiving property surrendered or delivered in connection with an inmate’s reception into a correctional centre, the governor must determine the items of property that may, and may not, be retained at the centre.

(2)

Property that the governor 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 governor’s opinion, constitute a security or safety risk, or

  • (b)

    may be retained by the governor for return to the inmate on the inmate’s release from custody.

(3)

Property that the governor determines may not be retained at a correctional centre is to be made available for collection by the person nominated by the inmate, and the nominated person is to be notified that the property is available for collection and should be collected within the next 30 days.

(4)

If the inmate fails to nominate a person to collect the property, or if the nominated person fails to collect the property within 30 days after being notified of its availability for collection—

  • (a)

    the property may be disposed of in the way the governor considers appropriate, and

  • (b)

    if the property is sold, the proceeds of sale are to be held to the credit of the inmate.

(5)

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 governor is satisfied that its value is less than the cost of getting it cleaned.

10Property records(1)

The governor of a correctional centre must ensure a record is kept of all property surrendered or delivered in connection with an inmate’s reception into the centre.

(2)

The record must contain the following information—

  • (a)

    a description of the property,

  • (b)

    the date on which it was received,

  • (c)

    whether it 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 who collected it,

  • (e)

    if the property was disposed of—

    • (i)

      the date on which it was disposed of, and

    • (ii)

      the way in which it was disposed of, and

    • (iii)

      if it was sold, the amount for which it was sold,

  • (f)

    any other incidental particulars.

Part 3Classification, placement and case management of inmates

pt 3, hdg: Subst 2015 (68), Sch 1 [3].

Division 1Classification and designation of inmates

pt 3, div 1 (previously Part 3, Div 3): Renumbered 2015 (68), Sch 1 [4].

11Classification of inmates(1)

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.

(2)

An inmate’s classification under clause 12, 13 or 14 is to be reviewed at least once every 12 months and at the other times the Commissioner determines.

cl 11 (previously cl 23): Renumbered 2015 (68), Sch 1 [4]. Am 2018 (122), Sch 1 [1].

12Classification of male inmates(1)

Each male inmate is to be classified in one of the following categories for the purposes of security—

Category AA, being the category of inmates who, in the opinion of the Commissioner, represent a special risk to national security (for example, because of a perceived risk that they may engage in, or incite other persons to engage in, terrorist activities) and should at all times be confined in special facilities within a secure physical barrier that includes towers or electronic surveillance equipment.

Category A1, being the category of inmates 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, being the category of inmates 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, being the category of inmates who, in the opinion of the Commissioner, should at all times be confined by a secure physical barrier.

Category C1, being the category of 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 C2, being the category of 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 C3, being the category of 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.

(2)

Subject to clause 17, the Commissioner may at any time vary or revoke a classification under this clause.

(3)

Male inmates who are classified in Category AA are prescribed to be serious offenders for the purposes of paragraph (f) of the definition of serious offender in section 3(1) of the Act.

cl 12 (previously cl 24): Renumbered 2015 (68), Sch 1 [4]. Am 2015 (68), Sch 1 [4] [5].

13Classification of female inmates(1)

Each female inmate is to be classified in one of the following categories for the purposes of security—

Category 5, being the category of inmates who, in the opinion of the Commissioner, represent a special risk to national security (for example, because of a perceived risk that they may engage in, or incite other persons to engage in, terrorist activities) and should at all times be confined in special facilities within a secure physical barrier that includes towers or electronic surveillance equipment.

Category 4, being the category of inmates who, in the opinion of the Commissioner, should at all times be confined by a secure physical barrier that includes electronic surveillance equipment.

Category 3, being the category of 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, being the category of 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, being the category of 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.

(2)

Subject to clause 17, the Commissioner may at any time vary or revoke a classification under this clause.

(3)

Female inmates who are classified in Category 5 are prescribed to be serious offenders for the purposes of paragraph (f) of the definition of serious offender in section 3(1) of the Act.

cl 13 (previously cl 25): Renumbered 2015 (68), Sch 1 [4]. Am 2015 (68), Sch 1 [4] [6].

14Escape-risk classifications(1)

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—

Category E1, being the category of inmates who, in the opinion of the Commissioner, represent a special risk to security and should at all times be confined—

  • (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.

Category E2, being the category of inmates who, in the opinion of the Commissioner, should at all times be confined by a secure physical barrier.

(2)

For the purposes of subclause (1), a person commits an escape offence if, in New South Wales or elsewhere, the person engages in behaviour that, whether or not the person is prosecuted, constitutes—

  • (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.

(3)

An inmate’s classification under this clause overrides the inmate’s classification under clause 12 or 13.

(4)

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.

(5)

Subject to clause 17, the Commissioner may at any time vary or revoke a classification under this clause.

cl 14 (previously cl 26): Renumbered 2015 (68), Sch 1 [4]. Am 2015 (68), Sch 1 [4].

14ALife imprisonment classification(1)

An inmate (male or female) who has little or no prospect of release must be classified for the purposes of security in Category Life.

(2)

An inmate has little or no prospect of release if the inmate—

  • (a)

    is serving a sentence of imprisonment for life for the term of the inmate’s natural life, or

  • (b)

    is serving an existing life sentence, and is the subject of a non-release recommendation, within the meaning of Schedule 1 to the Crimes (Sentencing Procedure) Act 1999.

(3)

An inmate who has little or no prospect of release cannot be classified under clause 12, 13 or 14.

(4)

An inmate who, immediately before the commencement of this clause, was classified under clause 12, 13 or 14 and has little or no prospect of release is taken to be reclassified in Category Life.

cl 14A: Ins 2018 (122), Sch 1 [2].

15Designation of high security, extreme high security, extreme high risk restricted and national security interest inmates(1)

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.

(2)

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.

(3)

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.

(3A)

The Commissioner may designate an inmate as a national security interest inmate if of the opinion that 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.

(4)

Subject to clause 17, the Commissioner may at any time vary or revoke a designation under this clause.

(5)

Extreme high risk restricted inmates are prescribed to be serious offenders for the purposes of paragraph (f) of the definition of serious offender in section 3(1) of the Act.

cl 15 (previously cl 27): Renumbered 2015 (68), Sch 1 [4]. Am 2015 (68), Sch 1 [4]; 2015 (662), Sch 1 [2].

16Management of high security, extreme high security, extreme high risk restricted and national security interest inmates

The Commissioner may make determinations with respect to the following—

  • (a)

    the placement in correctional centres of high security, extreme high security, extreme high risk restricted and national security interest inmates,

  • (b)

    the movement of high security, extreme high security, extreme high risk restricted and national security interest inmates for any purpose,

  • (c)

    any additional security arrangements to be imposed in respect of high security, extreme high security, extreme high risk restricted and national security interest inmates,

  • (d)

    case plans for high security, extreme high security, extreme high risk restricted and national security interest inmates,

  • (e)

    any other matter that is relevant to the management of high security, extreme high security, extreme high risk restricted and national security interest inmates.

cl 16 (previously cl 28): Renumbered 2015 (68), Sch 1 [4]. Am 2015 (662), Sch 1 [3].

17Variation of classification and designation of certain inmates(1)

The Commissioner must not, without seeking and considering the recommendations of the Review Council—

  • (a)

    cause an inmate who has an escape-risk classification to cease to have an escape-risk classification, or

  • (b)

    cause an inmate who has a high security, extreme high security, extreme high risk restricted or national security interest designation—

    • (i)

      to have that designation varied to another designation, or

    • (ii)

      to cease to have a designation, or

  • (c)

    cause a serious offender to have his or her classification changed.

(2)

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 consider an 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, the Review Council considers that the application—

    • (i)

      is not substantially different from a previous application, made by or on behalf of the same inmate, that it has rejected, or

    • (ii)

      is frivolous or vexatious.

(3)

If the Commissioner varies the classification or designation of an inmate under this clause in a way that is contrary to the recommendations of the Review Council, the Commissioner must ensure notice of that fact is given to the Review Council.

(4)

Despite subclause (1)(c), the Commissioner may, if the Commissioner considers that there are exceptional circumstances that justify doing so, cause a serious offender to have his or her classification changed without seeking the recommendations of the Review Council.

(5)

The Commissioner must notify the Review Council of any decision made under subclause (4).

(6)

The Review Council may recommend to the Commissioner that the Commissioner reconsider a decision made under subclause (4).

cl 17 (previously cl 29): Renumbered 2015 (68), Sch 1 [4]. Am 2015 (662), Sch 1 [4] [5].

18High security classification of inmates for purposes of interstate leave permits

A male inmate classified as Category AA, A1, A2, E1 or E2, and a female inmate classified as Category 5, 4, E1 or E2, has a high security classification for the purposes of section 29 of the Act.

cl 18 (previously cl 30): Renumbered 2015 (68), Sch 1 [4].

19Information to be considered for classification purposes

For the purposes of making a decision with respect to a person’s classification under this Division, consideration must be given to—

  • (a)

    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, and

  • (b)

    whether or not the inmate is likely to be removed from Australia.

cl 19 (previously cl 31): Renumbered 2015 (68), Sch 1 [4]. Subst 2015 (68), Sch 1 [7].

Division 2Placement of inmates

pt 3, div 2 (previously Part 3, Div 1): Renumbered 2015 (68), Sch 1 [4].

20Placement of inmates(1)

In determining 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,

  • (a1)

    if the inmate’s classification is Category Life, that such inmates should be confined at all times by a secure physical barrier unless extraordinary circumstances exist,

  • (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 under 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 or the Terrorism (High Risk Offenders) Act 2017),

  • (h)

    any assessment that has been made (whether by an employee 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 proximity of the correctional centre to the inmate’s family members,

  • (k)

    the availability of resources and appropriate programs and services at the correctional centre in which the inmate is to be held.

(2)

Subclause (1) does not limit the matters that the Commissioner may have regard to in making the determination.

(3)

An inmate’s placement in a correctional centre is to be reviewed at least once every 12 months and at the other times the Commissioner determines.

cl 20 (previously cl 11): Renumbered 2015 (68), Sch 1 [4]. Am 2017 No 68, Sch 2.7 [4]; 2018 (122), Sch 1 [3].

21Governor’s report about inmates’ placement(1)

If the governor 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 governor must ensure a report with respect to the placement is sent to—

  • (a)

    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, extreme high risk restricted or national security interest designation—the Review Council.

(2)

The report must include the reasons why the inmate should not be placed, or continue to be placed, in the correctional centre.

cl 21 (previously cl 12): Renumbered 2015 (68), Sch 1 [4]. Am 2015 (662), Sch 1 [6].

22Consideration of certain reports by Review Council(1)

The Review Council is to review any report prepared by the governor 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, extreme high risk restricted or national security interest designation.

(2)

The Review Council may give the Commissioner any submissions in relation to the report that it considers appropriate.

cl 22 (previously cl 13): Renumbered 2015 (68), Sch 1 [4]. Am 2015 (662), Sch 1 [7].

23Decision by Commissioner about inmate’s placement(1)

After considering—

  • (a)

    any report prepared by the governor 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, extreme high risk restricted or national security interest 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.

(2)

The Commissioner is not bound to follow the recommendations in the report.

(3)

If the Commissioner considers 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, extreme high risk restricted or national security interest designation without giving the Review Council an opportunity to make submissions.

(4)

The Commissioner must notify the Review Council of any decision made under subclause (3).

(5)

After considering the report prepared by the governor, the Review Council may recommend to the Commissioner that the Commissioner reconsider a decision made under subclause (3).

cl 23 (previously cl 14): Renumbered 2015 (68), Sch 1 [4]. Am 2015 (662), Sch 1 [8].

Division 3Case plans for convicted inmates

pt 3, div 3 (previously Part 3, Div 2): Renumbered 2015 (68), Sch 1 [4].

24Case plans to be prepared for all convicted inmates(1)

The Commissioner is to ensure that a case plan (an initial case plan) is prepared and adopted for each convicted inmate as soon as practicable after the inmate becomes a convicted inmate.

(2)

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.

(3)

A subsequent case plan is to be prepared and adopted for a convicted inmate at least once every 12 months and at the other times the Commissioner determines.

(4)

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 4 in accordance with the inmate’s case plan until the inmate completes or ceases to participate in the service or program.

(5)

In this clause, earliest possible release date, in relation to a convicted inmate, means the first date on which the inmate is entitled to be released from custody or becomes eligible for release on parole.

Note.

Services and programs are also provided to inmates for whom case plans are not required. See clause 60.

cll 24: Renumbered 2015 (68), Sch 1 [4].

25Contents of case plan(1)

A case plan for a convicted inmate is to indicate the services and programs in which the inmate should be encouraged to participate.

Note.

An inmate’s case plan will also indicate the correctional centre in which the inmate is to be held and the inmate’s classification.

(2)

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 4,

  • (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 because 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 (for example, 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).

(3)

In preparing a case plan for a convicted inmate, regard is to be had to the matters to which the Commissioner is required to have regard in determining the correctional centre in which an inmate is to be placed.

cll 25 (previously cll 15, 16): Renumbered 2015 (68), Sch 1 [4].

26Departmental officers to prepare recommendations(1)

Recommendations with respect to an inmate’s case plan are to be prepared by a departmental officer nominated by the Commissioner (the nominated officer).

(2)

The nominated officer must take all reasonable steps to enable the inmate to participate in the development of the recommendations.

(3)

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.

(4)

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 27 within 21 days after being called on to prepare them.

cl 26 (previously cl 17): Renumbered 2015 (68), Sch 1 [4]. Am 2015 (68), Sch 1 [4].

27Consideration of recommendations by departmental officers(1)

The recommendations prepared in accordance with clause 26 with respect to an inmate’s case plan are to be reviewed by a departmental officer nominated by the Commissioner (the nominated review officer).

(2)

The nominated review officer is to prepare a report on the recommendations.

(3)

The nominated review officer must take all reasonable steps to ensure that the report with respect to an inmate is submitted, within 28 days after the recommendations are prepared, to—

  • (a)

    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, extreme high risk restricted or national security interest designation—the Review Council.

cl 27 (previously cl 18): Renumbered 2015 (68), Sch 1 [4]. Am 2015 (68), Sch 1 [4]; 2015 (662), Sch 1 [9].

28Consideration of certain case plans by Review Council(1)

The Review Council is to review any report prepared in accordance with clause 27 in relation to a serious offender, or an inmate who has a high security, extreme high security, extreme high risk restricted or national security interest designation.

(2)

The Review Council may give the Commissioner any submissions in relation to the report that it considers appropriate.

cl 28 (previously cl 19): Renumbered 2015 (68), Sch 1 [4]. Am 2015 (68), Sch 1 [4]; 2015 (662), Sch 1 [10].

29Adoption of case plan by Commissioner(1)

After considering—

  • (a)

    the report prepared in accordance with clause 27 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.

(2)

The Commissioner is not bound to follow the recommendations in the report or the advice of the Review Council.

cl 29 (previously cl 20): Renumbered 2015 (68), Sch 1 [4]. Am 2015 (68), Sch 1 [4].

30Linguistic and cultural factors to be considered(1)

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.

(2)

The 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.

(3)

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, the factors are significant in relation to the assessment.

cl 30 (previously cl 21): Renumbered 2015 (68), Sch 1 [4].

31Case plans for high risk offenders(1)

This Division applies, with any necessary modifications, in respect of high risk offenders who are not inmates in the same way as it applies in respect of convicted inmates.

(2)

For that purpose—

  • (a)

    a reference to an inmate includes a reference to a high risk offender, and

  • (b)

    a reference to the sentencing court includes a reference to the Supreme Court, and

  • (c)

    clause 24(2) does not apply, and

  • (d)

    clause 28 applies as if the high risk offender were a serious offender.

cl 31 (previously cl 22): Renumbered 2015 (68), Sch 1 [4]. Am 2015 (68), Sch 1 [4]; 2017 No 68, Sch 2.7 [5].

Division 4Miscellaneous32Inmate may request review of placement, classification and case plan(1)

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).

Note.

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.

(2)

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.

(3)

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.

(4)

The Commissioner may refuse a request to review a determination if the Commissioner considers 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, the placement is reasonable having regard to the availability of accommodation for inmates in correctional centres within the State.

Part 4Correctional centre routineDivision 1Separation and accommodation33Separation of different classes of inmates(1)

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,

  • (d)

    Commonwealth post sentence terrorism inmate,

  • (e)

    NSW post sentence inmate.

(2)

As far as practicable, inmates of a particular class are to be kept separate from inmates of another class.

(3)

Within each class, the Commissioner may direct that the following inmates be kept separate from other inmates—

  • (a)

    inmates who have not previously been imprisoned,

  • (b)

    inmates who would be at risk if not separated from other inmates,

  • (c)

    inmates who are forensic patients within the meaning of the Mental Health Act 2007,

  • (d)

    inmates who are detained under a preventative detention order within the meaning of Part 2A of the Terrorism (Police Powers) Act 2002,

  • (e)

    inmates who are imprisoned as fine defaulters under the laws of the Commonwealth or the Australian Capital Territory.

cl 33: Am 2017 No 68, Sch 2.7 [6]; 2022 No 16, Sch 9.2.

34Separation of sexes

Female inmates must be kept separate from male inmates except in the circumstances and under the supervision that the Commissioner determines.

35Separation for health reasons

Inmates found or suspected to be in an infectious or verminous condition may be kept separate from other inmates.

36Accommodation(1)

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 governor or an authorised officer considers appropriate.

(2)

Each inmate must be provided with a separate bed and sufficient clean bedding to suit the climatic conditions.

Division 2Hours of work and general correctional centre routine37Hours of work and general routine(1)

The Commissioner is to determine the hours of work and general routine for each correctional centre.

(2)

The Commissioner may determine different hours of work and different general routines for different parts of a correctional centre.

38Restriction on work that civil inmates and unconvicted inmates may be required to perform(1)

Civil inmates and unconvicted inmates are not to be required to work otherwise than as provided by this clause.

(2)

The governor 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.

(3)

A civil inmate or unconvicted inmate must comply with any requirement under this clause.

Note.

Failure by an inmate to comply with this subclause is a correctional centre offence.

39Inmates to comply with correctional centre routine

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.

Note.

Failure by an inmate to comply with this clause is a correctional centre offence.

40Inmates not to enter other cells

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 governor or a correctional officer, or

  • (b)

    in compliance with a direction given by the governor or a correctional officer.

Note.

Failure by an inmate to comply with this clause is a correctional centre offence.

41Calls to muster

An inmate must immediately attend at any place designated by the governor, 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 summoned by a bell, hooter, siren or whistle used for that purpose.

Note.

Failure by an inmate to comply with this clause is a correctional centre offence.

42Misuse of bells, hooters, sirens and whistles

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 governor or a correctional officer or does so with other reasonable excuse.

Note.

Failure by an inmate to comply with this clause is a correctional centre offence.

43Avoidance of correctional centre routine

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.

Note.

Failure by an inmate to comply with this clause is a correctional centre offence.

44Delivery of articles to and from inmates(1)

Except as otherwise provided by this Part, an inmate must not deliver anything to or receive anything from any other inmate.

(2)

With the approval of an authorised officer, an inmate may deliver an article to another inmate.

Note.

Failure by an inmate to comply with this clause is a correctional centre offence.

45Creation or possession of prohibited goods

An inmate must not create, or have in his or her possession, prohibited goods.

Note.

Failure by an inmate to comply with this clause is a correctional centre offence.

46Searching of inmates and cells(1)

A correctional officer may, at the times the governor directs and at other times the correctional officer considers appropriate—

  • (a)

    search an inmate (including by means of a strip-search or the use of an electronic or X-ray scanning device), and

  • (b)

    search an inmate’s cell and any property in the cell.

(2)

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.

(3)

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 way as is consistent with the conduct of an effective search.

(4)

An inmate must not resist or impede the conduct of a search carried out under this clause.

Note.

Failure by an inmate to comply with this subclause is a correctional centre offence.

(5)

In this clause, strip-search means a search of a person or of articles in the possession of a person that may include—

  • (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 the clothes.

cl 46: Am 2018 (245), cl 3.

47Property to be kept tidy and orderly(1)

An inmate must keep his or her property tidy and orderly and in a way that does not impede a search of the inmate’s cell.

Note.

Failure by an inmate to comply with this subclause is a correctional centre offence.

(2)

The quantity of property that an inmate keeps in his or her cell is not to exceed the quantity the governor may determine and, if it does, the governor may confiscate as much of the property as is necessary to reduce the excess.

(3)

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 governor in a way that is reasonable in the circumstances, having regard to its nature.

48Books and other material(1)

An inmate may purchase—

  • (a)

    any book, newspaper or magazine, and

  • (b)

    any record, cassette, CD or DVD.

(2)

Despite subclause (1), the governor may refuse to allow an inmate to purchase, and may confiscate, a 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.

(3)

Also, the governor may confiscate any electronic device of an inmate 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.

(4)

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 governor in a way that is reasonable in the circumstances, having regard to its nature.

49Transfer of property

The property of an inmate who is transferred from one correctional centre to another is to be delivered to the governor of the new correctional centre, together with a copy of any record kept by the governor of the former correctional centre in relation to the property.

Division 3Food50Diet(1)

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.

(2)

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.

(3)

The diet of an inmate having special dietary needs is to be planned having regard to those needs.

51Complaints about correctional centre food(1)

An inmate wishing to complain about the quantity or quality of the food supplied by a correctional centre must do so promptly.

(2)

The inmate is responsible for substantiating the complaint.

52Purchase of food by inmates(1)

The governor 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.

(2)

An inmate must not purchase food, or arrange for the supply of food from outside a correctional centre, unless permitted to do so under subclause (1).

(3)

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.

(4)

An inmate supplied with food from outside a correctional centre must ensure that none of it is received by another inmate.

Note.

Failure by an inmate to comply with this clause is a correctional centre offence.

Division 4Health and cleanliness53Daily exercise(1)

Each inmate, other than an inmate 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.

(2)

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.

(3)

An inmate’s entitlement to exercise under this clause is subject to the practical limitations that may from time to time arise in connection with the administration of the correctional centre concerned.

54Dental and optical treatment and artificial medical appliances

Dental treatment, optical treatment and hearing aids and other artificial medical appliances are to be supplied to inmates in the way and to the extent the Chief Executive, Justice Health and Forensic Mental Health Network, determines.

55Destruction of unhygienic property(1)

Any food, personal effects or articles of clothing belonging to an inmate at a correctional centre may be destroyed if the governor considers it necessary for the maintenance of hygiene.

(2)

Before any property is destroyed, the governor must, if practicable, ensure the inmate is informed of the proposed destruction and the reason for it.

56Personal cleanliness

An inmate must obey directions given by or with the authority of the governor, either generally or individually, in regard to washing, showering, bathing, shaving and hair cutting.

Note.

Failure by an inmate to comply with this clause is a correctional centre offence.

57Wearing of correctional centre clothing(1)

Unless otherwise authorised by the governor, 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.

(2)

This clause does not apply to an inmate while attending court.

Note.

Failure by an inmate to comply with this clause is a correctional centre offence.

58Cleanliness of cells and their contents(1)

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.

(2)

An inmate must not wilfully damage, destroy or deface any part of the correctional centre.

(3)

An inmate must not dispose of, or wilfully alter, damage or destroy, any clothing, bedding or other article issued to the inmate.

Note.

Failure by an inmate to comply with this clause is a correctional centre offence.

59Condoms and dental dams(1)

Condoms (together with plastic disposal bags) are to be made available free of charge in each correctional centre in which there are male inmates.

(2)

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.

(3)

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 other arrangements approved by the governor of the correctional centre.

(4)

An inmate must not use a condom or dental dam otherwise than for the purpose of sexual activity.

(5)

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 domestic waste receptacle.

Note.

Failure by an inmate to comply with this clause is a correctional centre offence.

cl 59: Am 2017 (420), Sch 1 [2] [3].

Division 5Inmate services and programs60Inmate services and programs(1)

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.

(2)

Without limiting subclause (1), the 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.

(3)

In exercising a function under this clause, the Commissioner must give special attention to—

  • (a)

    the needs of inmates who have low literacy or numeracy, and

  • (b)

    the needs of inmates who have a disability.

(4)

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 3 of Part 3.

Note.

Case plans are generally required to be prepared for all convicted inmates under Division 3 of Part 3. 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.

(5)

Services and programs may be provided by correctional officers or by other persons approved by the Commissioner.

(6)

A person employed or otherwise engaged in providing 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 governor in respect of any matter affecting the good order and security of the correctional centre.

cl 60: Am 2015 (68), Sch 1 [8].

61Behaviour of inmates participating in services and programs

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.

Note.

Failure by an inmate to comply with this clause is a correctional centre offence.

62High risk offenders(1)

This Division applies, with any necessary modifications, in respect of high risk offenders who are not inmates in the same way as it applies in respect of inmates.

(2)

For that purpose, a reference to an inmate includes a reference to a high risk offender.

cl 62: Am 2017 No 68, Sch 2.7 [7].

Division 6Spiritual and pastoral care63Accreditation of chaplains(1)

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.

(2)

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.

(3)

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 correctional centre.

(4)

The Commissioner may, at any time, by instrument in writing, revoke an accreditation.

(5)

The Commissioner must give written notice of any revocation to the Civil Chaplaincies Advisory Committee.

64Privileges of accredited chaplains(1)

With the approval of the governor, 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.

(2)

A person who is authorised to act for an accredited chaplain is taken to be an accredited chaplain for the purposes of this Division.

(3)

An accredited chaplain is answerable to the Commissioner for the conduct of any assistant who accompanies the accredited chaplain when visiting a correctional centre.

65Responsibilities of accredited chaplains(1)

An accredited chaplain is responsible for the spiritual and pastoral care of inmates, correctional officers and departmental officers at the correctional centre to which he or she is accredited.

(2)

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.

66Powers of accredited chaplains(1)

On Sundays or other recognised days of religious observance, and on other days the governor may permit, an accredited chaplain—

  • (a)

    may hold or conduct the rites, services or assemblies of the accredited chaplain’s denomination, or

  • (b)

    with the permission of the governor, may hold or conduct combined services in association with ministers of religion of other denominations.

(2)

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.

(3)

With the approval of the governor, an accredited chaplain may pursue matters 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.

67Access to inmates(1)

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 chaplain’s denomination for the purpose of private and confidential religious ministrations.

(2)

If no minister of religion of a particular denomination has been accredited in relation to a particular correctional centre, a minister of religion of that denomination may, with the approval of the governor of the centre—

  • (a)

    visit the centre, and

  • (b)

    have access to inmates of that denomination.

(3)

On request by an inmate belonging to a denomination for which no minister of religion has been accredited, the governor (after consultation with accredited chaplains) may arrange for the inmate to be visited by a minister of religion of that denomination.

(4)

A decision by the governor 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 76 and 77.

(5)

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.

(6)

An inmate’s objection to being visited by a minister of religion is to be fully respected.

68Participation of inmates in religious observances(1)

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 governor, rites, services or assemblies of other denominations.

(2)

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.

69Use of chapels(1)

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 other purposes that are in keeping with the nature of the building, as may be determined by the governor after consultation with the relevant accredited chaplains.

(2)

On request by an accredited chaplain, the governor 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.

(3)

The governor of a correctional centre is to encourage inmates to use the correctional centre chapel for personal devotion, worship and meditation.

(4)

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.

Note.

Failure by an inmate to comply with this subclause is a correctional centre offence.

(5)

A correctional officer or departmental officer must not damage any books or other objects used in connection with the rites, services or assemblies of a religious denomination, otherwise than in circumstances in which the damage is—

  • (a)

    unavoidable, and

  • (b)

    in the course of a search or of carrying out the officer’s duties.

70Accredited chaplains may advise committees(1)

An accredited chaplain may, with the approval of the governor of the correctional centre to which he or she is accredited—

  • (a)

    attend a meeting of any committee concerned with the management of the centre, and

  • (b)

    at the meeting, offer advice in relation to the welfare of inmates.

(2)

An accredited chaplain is not entitled to vote on any motion or proposal put before a committee or otherwise to participate in its decisions.

71Accredited chaplaincy services generally(1)

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.

(2)

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.

72Exclusion of ministers of religion on grounds of security

The Commissioner may prohibit a particular minister of religion, or 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 the visit.

73Inmates’ religious affiliation(1)

An inmate who wishes to become a member of a religious denomination, or who wishes to change his or her religious denomination, is to give written notice of his or her wishes to the governor 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.

(2)

If satisfied (after consultation with the relevant accredited chaplain) that the request is made in good faith, the governor must ensure the relevant records are amended in accordance with the request.

(3)

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.

(4)

If asked to do so by an accredited chaplain, the governor 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.

Part 5Visits and communicationsDivision 1Visits to inmates74Visits generally

The governor 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.

75Visiting hours(1)

The periods during which a person may visit a correctional centre are the periods determined by the Commissioner.

(2)

The governor of a correctional centre is to ensure that the visiting hours are clearly displayed on a notice outside the centre.

(3)

If it is not practicable for a person to visit during visiting hours, the governor may permit a visit outside those hours, subject to the convenience of the routine of the correctional centre.

(4)

A visit is to be permitted to continue for at least 30 minutes, unless it is terminated or would otherwise extend beyond visiting hours.

76Number of visits(1)

An unconvicted inmate may be visited once as soon as practicable after reception into a correctional centre and afterwards at least twice weekly.

(2)

A convicted inmate may be visited once as soon as practicable after conviction and afterwards at the intervals the governor determines.

(3)

However, an extreme high risk restricted inmate may be visited once a week only, or more often if the Commissioner so determines.

(4)

A civil inmate may be visited daily, as often and for so long as the governor determines.

(5)

The governor of a correctional centre may permit additional visits to an inmate, particularly in the case of an inmate who is dangerously ill.

77Maximum number of visitors(1)

Up to 4 visitors may be present with an inmate at the same time.

(2)

The governor 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.

78Visits by Commissioner and other officials(1)

The Commissioner may visit and must be admitted to a correctional centre at any time.

(2)

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).

79Inmates may refuse visits

An inmate may refuse to receive a visitor, other than a government official engaged on official duties.

80Inmates confined to cell not entitled to visits(1)

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 (NSW/ACT) Limited or a similar organisation approved by the Commissioner, or

  • (d)

    a visit by a government official engaged on official duties, or

  • (e)

    a visit by an Official Visitor.

(2)

Despite subclause (1), the governor 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 governor’s opinion, it is appropriate to do so to avoid hardship (for example, if family or friends have travelled a long way to make the visit).

81Record of visits(1)

The governor of a correctional centre must ensure a record is kept of all visits to inmates at the centre.

(2)

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, if 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 terminated and the reason for its termination.

(3)

The record must also contain the following particulars of 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.

(4)

Copies of the record are to be kept in the way and for the period the Commissioner determines.

Division 2Special visits: legal business, foreign nationals, Aboriginal persons82Visits to transact legal business

In addition to any other visit authorised by this Regulation, an inmate is entitled to be visited by the inmate’s legal practitioner.

83Visits to foreign nationals

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 (for example, Amnesty International) that is recognised by the Commonwealth Government as having as an object the protection of the interests of that kind of inmate.

84Visits to Aboriginal persons(1)

In addition to any other visit authorised by this Regulation, an inmate who is an Aboriginal person may be visited by—

  • (a)

    a field officer of the Aboriginal Legal Service (NSW/ACT) Limited, 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.

(2)

In this clause, Aboriginal person has the same meaning as it has in the Aboriginal Land Rights Act 1983.

85Prior appointment necessary

A prior appointment for a visit under this Division must be made with the governor.

86Time, duration and number of visits(1)

Visits to an inmate under this Division are not to be restricted in duration or number but must be made during normal visiting hours.

(2)

The governor of a correctional centre may extend normal visiting hours to permit a visit under this Division if, in the governor’s opinion—

  • (a)

    it is convenient and practicable to do so, and

  • (b)

    the governor can make satisfactory security arrangements.

Division 3Permits to visit correctional centres87Permit for visits(1)

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.

(2)

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.

(3)

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.

88Cancellation of permits

The Commissioner may cancel a visitor’s permit at any time.

89Return of expired or cancelled permits

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.

90Preliminary requirements for visits

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.

91Restrictions on holders of visitors’ permits(1)

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.

(2)

While visiting a correctional centre under 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.

Division 4Control of visits to correctional centres and inmates92Application of Division

This Division applies to all visits under Division 1, 2 or 3.

93Requirements for visitors(1)

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.

(2)

A visitor must not produce evidence, or make a statement, in response to a requirement under subclause (1) knowing the evidence or statement is false or misleading in a material particular.

Maximum penalty—10 penalty units.

(2A)

An authorised officer may require a visitor to submit to scanning by means of an X-ray scanning device.

(3)

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 under subclause (4).

(4)

An authorised officer who requires a visitor to remove a face covering under subclause (3) 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,

cll 329: Ins 2018 (536), Sch 1 [10].

Part 23Special provisions for COVID-19 pandemic

pt 23, hdg: Ins 2020 (123), Sch 1. Am 2020 (562), Sch 1.6[1].

pt 23: Ins 2020 (123), Sch 1. Am 2020 (562), Sch 1.6[2].

329ACOVID-19 pandemic—extension of prescribed period

The prescribed period referred to in the Act, section 274 ends at the beginning of 26 March 2022.

cl 329A: Ins 2020 (562), Sch 1.6[3]. Rep 2021 No 4, Sch 1.14. Ins 2021 (537), Sch 1.6.

330Classes of inmates who may be released on parole by Commissioner(1)

For the purposes of section 276(1)(a) of the Act, the following classes of inmates are prescribed—

  • (a)

    an inmate whose health is at higher risk during the COVID-19 pandemic because of an existing medical condition or vulnerability, other than an excluded inmate,

  • (b)

    an inmate whose earliest possible release date is within 12 months, other than an excluded inmate.

(2)

The Commissioner may make an order under section 276 releasing an inmate on parole only if satisfied that it does not pose an unacceptable risk to community safety.

(3)

In this clause—

earliest possible release date, in relation to an inmate, means the first date on which the inmate is entitled to be released from custody or becomes eligible for release on parole.

excluded inmate means any of the following—

  • (a)

    a national security interest inmate,

  • (b)

    a male inmate classified as Category AA, A1, A2 or E1,

  • (c)

    a female inmate classified as Category 5 or 4 or E1.

Note.

Under section 276(1) of the Act, the Commissioner may release an inmate on parole if the inmate belongs to a class specified in this clause and if the Commissioner is satisfied that it is reasonably necessary because of the risk to public health or to the good order and security of correctional premises arising from the COVID-19 pandemic. Section 276(3) of the Act provides that certain inmates may not be released on parole by the Commissioner and section 276(4) of the Act requires the Commissioner to consider various factors before releasing an inmate on parole.

cl 330: Ins 2020 (123), Sch 1.

Schedule 1Information to be recorded in relation to inmates

(Clauses 4(1)(a), 188(1)(a), 191(1)(a) and 202(1)(a))

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 (for example, 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 of the inmate’s trade or vocation, including the inmate’s employment history

19

Particulars of 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)

Note.

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 Justice

22

Particulars of any period during which the inmate has been on release on bail

23

Particulars of the inmate’s criminal associates

Schedule 2Correctional centre offences

(Clause 127)

Provision

Subject

Clause 4

Supply false or misleading particulars

Clause 7

Fail to surrender property on reception

Clause 38

Fail to clean yards

Clause 39

Fail to comply with correctional centre routine

Clause 40

Enter other cells

Clause 41

Fail to attend musters

Clause 42

Misuse of bell, hooter, siren or whistle

Clause 43

Avoid correctional centre routine

Clause 44

Unlawfully deliver or receive article to or from inmate

Clause 45

Create or possess prohibited goods

Clause 46

Resist or impede search

Clause 47

Fail to keep property tidy and orderly

Clause 52

Unlawfully purchase food

Clause 52

Possess unauthorised food

Clause 52

Unlawfully trade in food

Clause 56

Fail to maintain personal cleanliness

Clause 57

Wear improper clothing

Clause 58

Fail to keep clean cells and issued articles

Clause 58

Damage, destroy or deface cell

Clause 58

Fail to look after clothing, bedding and other issued articles

Clause 59

Unlawfully possess condom or dental dam

Clause 59

Unlawfully use condom or dental dam

Clause 59

Unlawfully dispose of condom or dental dam

Clause 61

Misbehave while attending services and programs

Clause 69

Desecrate or abuse religious objects

Clause 99

Deliver to, or receive from, visitors unauthorised articles

Clause 110

Send or receive unauthorised letters or parcels

Clause 111

Send prohibited letters or articles

Clause 112A(1)

Correspond with restricted associate

Clause 116(3)

Extreme high risk restricted inmate or national security interest inmate sending letter or parcel without approval

Clause 119

Unlawfully use telephone or fax

Clause 119A

Communicate with restricted associate

Clause 121

Possess camera or video or audio recording equipment or charger

Clause 122

Use or possess mobile phone, mobile phone SIM card, mobile phone charger or a part of any of those things

Clause 122L

Misuse of provided device

Clause 130

Disobey direction

Clause 134

Contravene condition of local leave order or permit or interstate leave permit

Clause 135

Conceal for purpose of escape

Clause 136

Conceal item for use in escape or other offence

Clause 137

Possess offensive weapon or instrument

Clause 138

Intimidation

Clause 139

Indecency

Clause 140

Participate, or incite other inmates to participate, in riot

Clause 141

Assault

Clause 141

Fight or engage in other physical combat

Clause 141

Throw article or operate device from which article is projected

Clause 142

Steal

Clause 142

Damage or destroy property

Clause 142

Tamper with food or drink

Clause 143

Hinder or obstruct dog

Clause 144

Cause harm to animals

Clause 145

Interfere with correctional centre property

Clause 146

Tattoo

Clause 147

Gamble

Clause 148

Possess or consume alcohol

Clause 148

Prepare or manufacture alcohol

Clause 149

Possess drug

Clause 150

Administer drug

Clause 151

Possess drug implement

Clause 152

Self-intoxication

Clause 153

Fail prescribed drug test

Clause 154

Smoke in non-smoking area

Clause 155

Bribery

Clause 156

Obstruct correctional officer

Clause 157

Refuse breath testing

Clause 159

Refuse or fail to supply drug test sample

Clause 160

Refuse or fail to supply drug test sample

Clause 171

Make mischievous complaint

Clause 184

Give false or misleading information

Clause 322

Smoke, or use tobacco or e-cigarette, when in correctional centre

Clause 322

Have possession of tobacco, tobacco-related accessory, e-cigarette or e-cigarette accessory within correctional centre

sch 2: Am 2015 (390), Sch 1 [4] [5]; 2017 (420), Sch 1 [7]; 2022 (487), Sch 1[12].

Schedule 3Modifications applicable to offenders in compulsory drug treatment detention

(Clause 195(1))

1Definitions

In this Schedule—

Stage 1 compulsory drug treatment detention means closed detention (Stage 1) within the meaning of section 106D of the Act.

Stage 2 compulsory drug treatment detention means semi-open detention (Stage 2) within the meaning of section 106D of the Act.

2Provisions of Act and Regulation that do not apply

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 3 of this Regulation,

  • (d)

    clauses 33–35, 38, 61, 76, 77, 86(1), 100, 115–117, 120(2)(b), 153, 159–161, 162(b) and 180 of this Regulation,

  • (e)

    the words “Subject to clauses 115 and 116,” in clause 118 of this Regulation.

3Additional provision

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—

51ACorrectional centre offences are conditions of personal plans

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 compulsory drug treatment personal plan.

Schedule 4FormsForm 1

(Repealed)

Form 2Notice of revocation of intensive correction order/parole order

(Clause 235)

(Crimes (Administration of Sentences) Act 1999, section 173)

To: (name of offender)

TAKE NOTICE that the State Parole Authority, on (date on which order made), made an order for revocation of your *intensive correction order/*parole order to date from (date of revocation specified in order).

The State Parole Authority will reconvene on (date) at (address) in order to reconsider the revocation of the order concerned.

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 (date).

Signed: (Secretary of State Parole Authority)

Date: (dd/mm/yyyy)

*Delete if not applicable

sch 4: Am 2018 (536), Sch 1 [11]–[13].

Schedule 5Awards

(Clause 307(1))

Bravery Medal

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.

Commissioner’s Commendation for Brave Conduct

A Commissioner’s 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.

Exemplary Conduct Cross

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.

Commissioner’s Commendation for Meritorious Conduct

A Commissioner’s Commendation for Meritorious Conduct of sterling silver with navy blue and black striped ribbon having a central yellow stripe, with navy blue being the outer stripe, may be awarded to an officer for service characterised by meritorious conduct, achievement or devotion to duty.

Unit Citation

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

If an additional Unit Citation is awarded, a rosette of gold colour may be awarded to the member.

Meritorious Service Medal

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.

Service Medal

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 10 years of satisfactory service to Corrective Services NSW.

In addition, for the completion of an additional 5 years of service, a clasp of bronze colour lettered with “15 years” and a rosette of bronze colour may be awarded to the officer.

Semper Deinceps Medal

A Semper Deinceps Medal of antique silver with dark and light blue striped ribbon having a central yellow stripe, with dark blue being the outer stripe, may be awarded to an officer for service during the 2020–2022 COVID–19 pandemic.

sch 5: Am 2022 (750), Sch 1[1]–[7].

Schedule 5APrescribed information that may be exchanged with Commissioner of Police

clause 327B

1Definitions

In this schedule—

non-custodial order means the following—

  • (a)

    a community correction order,

  • (b)

    a conditional release order,

  • (c)

    an intensive correction order,

  • (d)

    an extended supervision order or interim supervision order under the Crimes (High Risk Offenders) Act 2006 or the Terrorism (High Risk Offenders) Act 2017,

  • (e)

    an extended supervision order or interim supervision order under the Commonwealth Criminal Code, Part 5.3, Division 105A.

protected person means the following—

  • (a)

    a protected person under the Crimes (Domestic and Personal Violence) Act 2007,

  • (b)

    a person for whose protection a registered external protection order has been made,

  • (c)

    a person for whose protection an interstate DVO under the Crimes (Domestic and Personal Violence) Act 2007, Part 13B has been made,

  • (d)

    a person whom an offender is prohibited from contacting under—

    • (i)

      a child protection prohibition order or interim child protection prohibition order under the Child Protection (Offenders Prohibition Orders) Act 2004, Part 2, or

    • (ii)

      a contact prohibition order under the Child Protection (Offenders Prohibition Orders) Act 2004, Part 2A.

protection order means the following—

  • (a)

    an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007, Part 4,

  • (b)

    an apprehended personal violence order under the Crimes (Domestic and Personal Violence) Act 2007, Part 5,

  • (c)

    a registered external protection order,

  • (d)

    an interstate DVO under the Crimes (Domestic and Personal Violence) Act 2007, Part 13B,

  • (e)

    an interim court order under the Crimes (Domestic and Personal Violence) Act 2007, Part 6,

  • (f)

    a child protection prohibition order or interim child protection prohibition order under the Child Protection (Offenders Prohibition Orders) Act 2004, Part 2,

  • (g)

    a contact prohibition order under the Child Protection (Offenders Prohibition Orders) Act 2004, Part 2A.

registered external protection order means a registered external protection order under the Crimes (Domestic and Personal Violence) Act 2007, Part 13.

2Information about protection orders

The following information about a protection order is specified—

  • (a)

    for an order made following an application by a member of the NSW Police Force—the police application number,

  • (b)

    the type of order,

  • (c)

    the date the order was made,

  • (d)

    the duration of the order,

  • (e)

    the conduct prohibited by the order,

  • (f)

    for an order made under the Crimes (Domestic and Personal Violence) Act 2007—the prohibitions or restrictions imposed on the behaviour of the defendant under that Act, sections 35 and 36,

  • (g)

    for a registered external protection order—the date the order was registered.

3Information about parole orders

The following information about a parole order is specified—

  • (a)

    the order number,

  • (b)

    the section of the Act under which the order was made,

  • (c)

    the date the order was made,

  • (d)

    the reasons recorded in the Corrective Services NSW Offender Integrated Management System for the offender’s release on parole,

  • (e)

    the conditions of the offender’s release on parole,

  • (f)

    the date on which the period of supervision under the order ends.

4Information about offenders

The following information about an offender is specified—

  • (a)

    name, including known aliases,

  • (b)

    date of birth,

  • (c)

    gender,

  • (d)

    whether the offender is an Aboriginal or Torres Strait Islander person,

  • (e)

    residential address, email address and telephone number,

  • (f)

    central name index number,

  • (g)

    master index number,

  • (h)

    the relationship between the offender and a protected person,

  • (i)

    whether or not the offender is a registrable person under the Child Protection (Offenders Registration) Act 2000,

  • (j)

    the type of bail decision under the Bail Act 2013 that has been made about the offender,

  • (k)

    for an offender who has been granted bail for an offence—the bail conditions that have been imposed,

  • (l)

    for an offender who has been sentenced for an offence—whether the sentence is under appeal,

  • (m)

    for an offender who is required to attend court in connection with an offence—the details, including the date and location, of the attendances,

  • (n)

    for an offender who is an inmate—

    • (i)

      the reason under the Act, section 4(1) the person is an inmate, and

    • (ii)

      the date and time of the offender’s admission to a correctional centre, and

    • (iii)

      the name and address of the correctional centre in which the offender is detained, and

    • (iv)

      for an inmate who is serving a sentence—

      • (A)

        the inmate’s parole eligibility date, and

      • (B)

        the date the inmate’s sentence expires,

  • (o)

    for an offender who is subject to a non-custodial order—

    • (i)

      the date the order was made, and

    • (ii)

      the date the order expires, and

    • (iii)

      the conditions of the order,

  • (p)

    for an offender who has been released from custody—

    • (i)

      the date, time and location of the offender’s release, and

    • (ii)

      the reason for the offender’s release.

5Information about protected persons

The following information about a protected person is specified—

  • (a)

    name,

  • (b)

    date of birth,

  • (c)

    gender,

  • (d)

    residential address, email address and telephone number,

  • (e)

    central name index number,

  • (f)

    the relationship between the protected person and an offender.

sch 5A: Ins 2025 (161), Sch 1[5].

Schedule 6Savings and transitional provisions1General saving

Any act, matter or thing that, immediately before the repeal of the Crimes (Administration of Sentences) Regulation 2008, had effect under that Regulation continues to have effect under this Regulation.

2Approved laboratories

A laboratory that, immediately before the repeal of the Crimes (Administration of Sentences) Regulation 2008, was an approved laboratory within the meaning of clause 265(1) of that Regulation is taken to be an accredited analytical laboratory under this Regulation.

3Government analysts and other analysts

A person who, immediately before the repeal of the Crimes (Administration of Sentences) Regulation 2008, was a government analyst under that Regulation or an analyst within the meaning of clause 265(1) of that Regulation is taken to be an analyst under this Regulation.

4, 5

(Repealed)

6Transitional arrangements for home detention conditions(1)

This clause applies to an offender who is subject to a home detention condition imposed under section 170A(3)(a) of the Act.

(2)

The offender has the following obligations—

  • (a)

    to remain at the offender’s place of residence at all times otherwise than—

    • (i)

      when engaged in activities approved by a community corrections officer, or

    • (ii)

      when faced with immediate danger (for example, in a fire or medical emergency),

  • (b)

    to submit a schedule of proposed activities for approval by a community corrections officer,

  • (c)

    to comply with all reasonable directions of a community corrections officer about authorising contact between the officer and any third party for the purpose of checking compliance with the approved activities,

  • (d)

    to submit to electronic monitoring,

  • (e)

    to comply with all reasonable directions of a community corrections officer or electronic monitoring officer in relation to the electronic monitoring of the offender,

  • (f)

    not to remove or tamper with, damage or disable electronic monitoring equipment,

  • (g)

    not to possess or have in his or her control any firearm or any prohibited weapon (within the meaning of the Weapons Prohibition Act 1998), unless an exemption is granted by a community corrections manager.

(3)

In this clause, electronic monitoring officer means any person who is employed for the purpose of monitoring offenders who are subject to electronic monitoring.

(4)

This clause ceases to have effect on the commencement of section 124H of the Act.

7Conditions of parole for existing serious sex offenders(1)

Clause 214A(1A), as inserted by the Crimes (Administration of Sentences) Amendment (Parole Supervision of Serious Sex Offenders) Regulation 2019, does not apply to an offender who had been released under a parole order and was subject to a supervision condition (within the meaning of clause 214A) immediately before the commencement of that Regulation.

(2)

However, clause 214A(1A) does apply to the offender if the offender is released under a parole order after the commencement of that Regulation.

sch 6: Am 2018 (55), Sch 1 [8]; 2018 No 25, Sch 5.9; 2019 (69), Sch 1 [2]; 2019 No 1, Sch 3.

Historical notesTable of amending instruments

Crimes (Administration of Sentences) Regulation 2014 (550). LW 22.8.2014. Date of commencement, 1.9.2014, cl 2. This Regulation has been amended as follows—

2015

(68)

Crimes (Administration of Sentences) Amendment (Classification and Placement) Regulation 2015. LW 13.2.2015.

Date of commencement, on publication on LW, cl 2.

(216)

Crimes (Administration of Sentences) Amendment (Access to Money) Regulation 2015. LW 22.5.2015.

Date of commencement, on publication on LW, cl 2.

No 15

Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015.

Date of commencement of Sch 2, 8.7.2015, sec 2 (1).

(390)

Crimes (Administration of Sentences) Amendment (Smoke-free Prisons) Regulation 2015. LW 17.7.2015.

Date of commencement, 10.8.2015, cl 2.

(423)

Crimes (Administration of Sentences) Further Amendment (Smoke-free Prisons) Regulation 2015. LW 31.7.2015.

Date of commencement, 10.8.2015, cl 2.

(662)

Crimes (Administration of Sentences) Amendment (National Security Interest Inmates) Regulation 2015. LW 30.10.2015.

Date of commencement, on publication on LW, cl 2.

2016

(75)

Crimes (Administration of Sentences) Amendment (Use of Force) Regulation 2016. LW 19.2.2016.

Date of commencement, on publication on LW, cl 2.

No 47

Crimes (Administration of Sentences) Amendment Act 2016. Assented to 18.10.2016.

Date of commencement of Sch 2.1 [1], 8.12.2016, sec 2 and 2016 (722) LW 2.12.2016; date of commencement of Sch 2.1 [2] and [3], 28.8.2017, sec 2 and 2017 (458) LW 25.8.2017.

No 60

Regulatory and Other Legislation (Amendments and Repeals) Act 2016. Assented to 14.11.2016.

Date of commencement of cl 2 of Sch 3, assent, sec 2 (1).

No 61

Law Enforcement Conduct Commission Act 2016. Assented to 14.11.2016.

Date of commencement of Sch 6.9, 1.7.2017, sec 2 (1) and 2017 (256) LW 16.6.2017.

2017

(386)

Crimes (Administration of Sentences) Amendment (Parole Applications) Regulation 2017. LW 31.7.2017.

Date of commencement, on publication on LW, cl 2.

(420)

Crimes (Administration of Sentences) Amendment Regulation 2017. LW 18.8.2017.

Date of commencement, on publication on LW, cl 2.

(547)

Crimes (Administration of Sentences) Amendment (Information Sharing) Regulation 2017. LW 29.9.2017.

Date of commencement, 2.10.2017, cl 2.

(628)

Crimes (Administration of Sentences) Amendment (Parole) Regulation 2017. LW 17.10.2017.

Date of commencement, 20.11.2017, cl 2.

No 68

Terrorism (High Risk Offenders) Act 2017. Assented to 30.11.2017.

Date of commencement of Sch 2.7, 19.1.2018, sec 2 (3) and 2018 (8) LW 19.1.2018.

2018

(55)

Crimes (Administration of Sentences) Amendment (Parole) Regulation 2018. LW 23.2.2018.

Date of commencement, 26.2.2018, cl 2.

(122)

Crimes (Administration of Sentences) Amendment (Classification of Inmates) Regulation 2018. LW 6.4.2018.

Date of commencement, on publication on LW, cl 2.

(213)

Crimes (Administration of Sentences) Amendment (Re-integration Home Detention) Regulation 2018. LW 25.5.2018.

Date of commencement, 28.5.2018, cl 2.

(245)

Crimes (Administration of Sentences) Amendment (Inmate Searches) Regulation 2018. LW 8.6.2018.

Date of commencement, on publication on LW, cl 2.

No 25

Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018.

Date of commencement of Sch 5.9, 14 days after assent, sec 2 (1).

(536)

Crimes (Administration of Sentences) Amendment (Community-based Orders and Other Matters) Regulation 2018. LW 21.9.2018.

Date of commencement, 24.9.2018, cl 2 and 2018 (534) LW 21.9.2018.

(574)

Crimes (Administration of Sentences) Amendment (Restricted Associates) Regulation 2018. LW 5.10.2018.

Date of commencement, on publication on LW, cl 2.

No 74

Crimes (Administration of Sentences) Legislation Amendment Act 2018. Assented to 22.11.2018.

Date of commencement of Sch 3, assent, sec 2 (1).

2019

(69)

Crimes (Administration of Sentences) Amendment (Parole Supervision of Serious Sex Offenders) Regulation 2019. LW 13.2.2019.

Date of commencement, on publication on LW, cl 2.

No 1

Statute Law (Miscellaneous Provisions) Act 2019. Assented to 17.6.2019.

Date of commencement of Sch 3, 1.8.2019, sec 2 (3).

(515)

Crimes (Administration of Sentences) Amendment (Use of Force) Regulation 2019. LW 25.10.2019.

Date of commencement, on publication on LW, cl 2.

2020

(123)

Crimes (Administration of Sentences) Amendment (COVID-19) Regulation 2020. LW 3.4.2020.

Date of commencement, on publication on LW, cl 2.

(307)

Crimes (Administration of Sentences) Amendment (Inmate Mail) Regulation 2020. LW 26.6.2020.

Date of commencement, on publication on LW, cl 2.

(308)

Crimes (Administration of Sentences) Amendment (Uses of Biometric Data) Regulation 2020. LW 26.6.2020.

Date of commencement, on publication on LW, cl 2.

(449)

Crimes (Administration of Sentences) Amendment (X-ray Scanning) Regulation 2020. LW 7.8.2020.

Date of commencement, on publication on LW, cl 2.

(562)

Stronger Communities Legislation Amendment (COVID-19) Regulation 2020. LW 18.9.2020.

Date of commencement, on publication on LW, cl 2.

2021

(101)

Crimes (Administration of Sentences) Amendment (Miscellaneous) Regulation 2021. LW 12.3.2021.

Date of commencement, on publication on LW, cl 2.

No 4

COVID-19 Legislation Amendment (Stronger Communities and Health) Act 2021. Assented to 24.3.2021.

Date of commencement of Sch 1.14, assent, sec 2(1).

(537)

Stronger Communities Legislation Amendment (COVID-19) Regulation 2021. LW 15.9.2021.

Date of commencement, on publication on LW, sec 2.

2022

No 16

State Revenue and Fines Legislation Amendment (Miscellaneous) Act 2022. Assented to 19.5.2022.

Date of commencement of Sch 9, assent, sec 2(c).

(487)

Crimes (Administration of Sentences) Amendment (Miscellaneous) Regulation 2022. LW 26.8.2022.

Date of commencement, on publication on LW, sec 2.

(750)

Crimes (Administration of Sentences) Amendment (Awards) Regulation 2022. LW 9.12.2022.

Date of commencement, on publication on LW, sec 2.

2023

No 7

Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023.

Date of commencement, 14.7.2023, sec 2.

2024

(508)

Information Sharing Amendment (Corrective Services NSW) Regulation 2024. LW 30.9.2024.

Date of commencement, 1.10.2024, sec 2.

(522)

Bail Amendment (Electronic Monitoring) Regulation 2024. LW 11.10.2024.

Date of commencement, 11.10.2024, sec 2.

2025

(161)

Crimes (Administration of Sentences) Amendment (Prescribed Information) Regulation 2025. LW 11.4.2025.

Date of commencement, on publication on LW, sec 2.

(277)

Crimes (Administration of Sentences) Amendment (Reports by Community Corrections Officer) Regulation 2025. LW 20.6.2025.

Date of commencement, on publication on LW, sec 2.

No 38

Statute Law Amendment (Administrative Appeals Tribunal) Act 2025. Assented to 3.7.2025.

Date of commencement, assent, sec 2.

Table of amendments

Cl 3

Am 2015 (68), Sch 1 [1] [2]; 2015 (390), Sch 1 [1]; 2015 (662), Sch 1 [1]; 2016 No 61, Sch 6.9; 2017 (420), Sch 1 [1]; 2017 No 68, Sch 2.7 [1]–[3]; 2018 (213), Sch 1 [1]; 2018 (536), Sch 1 [1]–[3]; 2018 (574), cl 3 (1); 2022 (487), Sch 1[1]; 2025 (161), Sch 1[1].

Part 3, heading

Subst 2015 (68), Sch 1 [3].

Part 3, Div 1 (previously Part 3, Div 3)

Renumbered 2015 (68), Sch 1 [4].

Cl 11 (previously cl 23)

Renumbered 2015 (68), Sch 1 [4]. Am 2018 (122), Sch 1 [1].

Cl 12 (previously cl 24)

Renumbered 2015 (68), Sch 1 [4]. Am 2015 (68), Sch 1 [4] [5].

Cl 13 (previously cl 25)

Renumbered 2015 (68), Sch 1 [4]. Am 2015 (68), Sch 1 [4] [6].

Cl 14 (previously cl 26)

Renumbered 2015 (68), Sch 1 [4]. Am 2015 (68), Sch 1 [4].

Cl 14A

Ins 2018 (122), Sch 1 [2].

Cl 15 (previously cl 27)

Renumbered 2015 (68), Sch 1 [4]. Am 2015 (68), Sch 1 [4]; 2015 (662), Sch 1 [2].

Cl 16 (previously cl 28)

Renumbered 2015 (68), Sch 1 [4]. Am 2015 (662), Sch 1 [3].

Cl 17 (previously cl 29)

Renumbered 2015 (68), Sch 1 [4]. Am 2015 (662), Sch 1 [4] [5].

Cl 18 (previously cl 30)

Renumbered 2015 (68), Sch 1 [4].

Cl 19 (previously cl 31)

Renumbered 2015 (68), Sch 1 [4]. Subst 2015 (68), Sch 1 [7].

Part 3, Div 2 (previously Part 3, Div 1)

Renumbered 2015 (68), Sch 1 [4].

Cl 20 (previously cl 11)

Renumbered 2015 (68), Sch 1 [4]. Am 2017 No 68, Sch 2.7 [4]; 2018 (122), Sch 1 [3].

Cl 21 (previously cl 12)

Renumbered 2015 (68), Sch 1 [4]. Am 2015 (662), Sch 1 [6].

Cl 22 (previously cl 13)

Renumbered 2015 (68), Sch 1 [4]. Am 2015 (662), Sch 1 [7].

Cl 23 (previously cl 14)

Renumbered 2015 (68), Sch 1 [4]. Am 2015 (662), Sch 1 [8].

Part 3, Div 3 (previously Part 3, Div 2)

Renumbered 2015 (68), Sch 1 [4].

Cll 24, 25 (previously cll 15, 16)

Renumbered 2015 (68), Sch 1 [4].

Cl 26 (previously cl 17)

Renumbered 2015 (68), Sch 1 [4]. Am 2015 (68), Sch 1 [4].

Cl 27 (previously cl 18)

Renumbered 2015 (68), Sch 1 [4]. Am 2015 (68), Sch 1 [4]; 2015 (662), Sch 1 [9].

Cl 28 (previously cl 19)

Renumbered 2015 (68), Sch 1 [4]. Am 2015 (68), Sch 1 [4]; 2015 (662), Sch 1 [10].

Cl 29 (previously cl 20)

Renumbered 2015 (68), Sch 1 [4]. Am 2015 (68), Sch 1 [4].

Cl 30 (previously cl 21)

Renumbered 2015 (68), Sch 1 [4].

Cl 31 (previously cl 22)

Renumbered 2015 (68), Sch 1 [4]. Am 2015 (68), Sch 1 [4]; 2017 No 68, Sch 2.7 [5].

Cl 33

Am 2017 No 68, Sch 2.7 [6]; 2022 No 16, Sch 9.2.

Cl 46

Am 2018 (245), cl 3.

Cl 59

Am 2017 (420), Sch 1 [2] [3].

Cl 60

Am 2015 (68), Sch 1 [8].

Cl 62

Am 2017 No 68, Sch 2.7 [7].

Cl 93

Am 2020 (449), cl 3(1)–(3).

Cl 94

Am 2015 (662), Sch 1 [11].

Cl 95

Rep 2016 No 47, Sch 2.1 [2].

Cl 97

Rep 2015 (390), Sch 1 [2].

Cl 108A

Ins 2017 (420), Sch 1 [4]. Am 2018 (574), cl 3 (2) (3).

Cl 112

Am 2020 (307), Sch 1[1].

Cl 112A

Ins 2017 (420), Sch 1 [5]. Am 2018 (574), cl 3 (4).

Cl 115

Am 2015 (662), Sch 1 [12]; 2020 (307), Sch 1[2].

Cl 116

Am 2015 (662), Sch 1 [13]; 2022 (487), Sch 1[2].

Cl 117

Am 2015 (662), Sch 1 [14].

Cl 119

Am 2015 (662), Sch 1 [15].

Cl 119A

Ins 2017 (420), Sch 1 [6]. Am 2018 (574), cl 3 (5).

Cl 119B

Ins 2022 (487), Sch 1[3].

Cl 121

Am 2022 (487), Sch 1[4] [5].

Cl 122

Am 2022 (487), Sch 1[6].

Part 5, Div 7A

Ins 2022 (487), Sch 1[7].

Part 5, Div 7A, Subdiv 1

Ins 2022 (487), Sch 1[7].

Cl 122A

Ins 2022 (487), Sch 1[7].

Cl 122B

Ins 2022 (487), Sch 1[7].

Part 5, Div 7A, Subdiv 2

Ins 2022 (487), Sch 1[7].

Cl 122C

Ins 2022 (487), Sch 1[7].

Cl 122D

Ins 2022 (487), Sch 1[7].

Cl 122E

Ins 2022 (487), Sch 1[7].

Cl 122F

Ins 2022 (487), Sch 1[7].

Cl 122G

Ins 2022 (487), Sch 1[7].

Cl 122H

Ins 2022 (487), Sch 1[7].

Part 5, Div 7A, Subdiv 3

Ins 2022 (487), Sch 1[7].

Cl 122I

Ins 2022 (487), Sch 1[7].

Cl 122J

Ins 2022 (487), Sch 1[7].

Part 5, Div 7A, Subdiv 4

Ins 2022 (487), Sch 1[7].

Cl 122K

Ins 2022 (487), Sch 1[7].

Cl 122L

Ins 2022 (487), Sch 1[7].

Part 5, Div 7A, Subdiv 5

Ins 2022 (487), Sch 1[7].

Cl 122M

Ins 2022 (487), Sch 1[7].

Cl 125

Am 2015 (216), cl 3.

Cl 131

Am 2016 (75), Sch 1 [1]; 2019 (515), cl 3.

Cl 133

Am 2016 (75), Sch 1 [2].

Cl 154

Rep 2015 (390), Sch 1 [2].

Cl 157

Am 2021 (101), Sch 1[1]–[3].

Cl 165

Am 2015 (662), Sch 1 [16].

Cl 166

Am 2015 No 15, Sch 2.10; 2015 (662), Sch 1 [17].

Cl 169

Am 2015 (662), Sch 1 [18].

Cl 174

Am 2023 No 7, Sch 3.6.

Part 10

Subst 2018 (536), Sch 1 [4].

Part 10, Div 1, heading

Ins 2018 (536), Sch 1 [4].

Cl 185

Subst 2018 (536), Sch 1 [4].

Part 10, Div 2, heading

Ins 2018 (536), Sch 1 [4].

Cll 186–189

Subst 2018 (536), Sch 1 [4].

Cll 189A–189H

Ins 2018 (536), Sch 1 [4].

Part 10, Div 3 (cl 189I)

Ins 2018 (536), Sch 1 [4].

Part 11

Subst 2018 (536), Sch 1 [4].

Cl 190

Subst 2018 (213), Sch 1 [2]; 2018 (536), Sch 1 [4].

Cll 191–193

Rep 2018 (536), Sch 1 [4].

Part 13

Subst 2018 (536), Sch 1 [5].

Cll 201–208

Subst 2018 (536), Sch 1 [5].

Cll 209–213

Rep 2018 (536), Sch 1 [5].

Cl 214

Am 2018 (55), Sch 1 [1] [2].

Cl 214A

Ins 2018 (55), Sch 1 [3]. Am 2019 (69), Sch 1 [1].

Cl 216

Subst 2018 (55), Sch 1 [4].

Cl 218

Subst 2018 (55), Sch 1 [5].

Cll 219, 220

Rep 2018 (55), Sch 1 [5].

Cl 222

Am 2018 (55), Sch 1 [6].

Cl 222A

Ins 2017 (628), Sch 1 [1]. Am 2025 (277), Sch 1.

Cl 223

Am 2017 (386), Sch 1; 2018 (55), Sch 1 [7]; 2018 (213), Sch 1 [3]; 2018 (536), Sch 1 [6].

Cl 227

Am 2017 (628), Sch 1 [2] [3].

Part 14A (cll 232A–232D)

Ins 2018 (213), Sch 1 [4].

Cll 233, 234

Rep 2018 (536), Sch 1 [7].

Cl 235

Am 2018 (536), Sch 1 [8].

Cl 237

Am 2018 (213), Sch 1 [5]; 2018 (536), Sch 1 [8].

Cl 243

Am 2018 (536), Sch 1 [9].

Cl 247

Rep 2016 No 47, Sch 2.1 [2].

Cl 250

Rep 2015 (390), Sch 1 [2].

Cl 311

Am 2015 (662), Sch 1 [19].

Cl 312

Am 2015 (68), Sch 1 [9].

Cl 316

Am 2021 (101), Sch 1[4]–[6].

Cl 317

Am 2016 No 60, Sch 3, cl 2; 2025 No 38, Sch 1.6.

Cl 319A

Ins 2016 No 47, Sch 2.1 [3].

Cl 319B

Ins 2018 No 74, Sch 3 [1].

Cl 320

Am 2020 (308), cl 3; 2022 (487), Sch 1[8].

Cl 321

Am 2022 (487), Sch 1[9].

Cl 322

Subst 2015 (390), Sch 1 [3]. Am 2015 (423), Sch 1 [1]–[5].

Cll 322A–322C

Ins 2018 No 74, Sch 3 [2].

Cl 326

Ins 2017 (547), Sch 1. Am 2022 (487), Sch 1[10] [11]; 2024 (522), Sch 2.

Cl 327

Ins 2017 (547), Sch 1. Am 2024 (508), Sch 1.1[1]; 2025 (161), Sch 1[2] [3].

Cl 327A

Ins 2024 (508), Sch 1.1[2].

Cl 327B

Ins 2025 (161), Sch 1[4].

Cll 328, 329

Ins 2018 (536), Sch 1 [10].

Part 23, heading

Ins 2020 (123), Sch 1. Am 2020 (562), Sch 1.6[1].

Part 23

Ins 2020 (123), Sch 1. Am 2020 (562), Sch 1.6[2].

Cl 329A

Ins 2020 (562), Sch 1.6[3]. Rep 2021 No 4, Sch 1.14. Ins 2021 (537), Sch 1.6.

Cl 330

Ins 2020 (123), Sch 1.

Sch 2

Am 2015 (390), Sch 1 [4] [5]; 2017 (420), Sch 1 [7]; 2022 (487), Sch 1[12].

Sch 4

Am 2018 (536), Sch 1 [11]–[13].

Sch 5

Am 2022 (750), Sch 1[1]–[7].

Sch 5A

Ins 2025 (161), Sch 1[5].

Sch 6

Am 2018 (55), Sch 1 [8]; 2018 No 25, Sch 5.9; 2019 (69), Sch 1 [2]; 2019 No 1, Sch 3.

The whole Regulation

Am 2016 No 47, Sch 2.1 [1] (“general manager”, “general managers” and “general manager’s” omitted wherever occurring, “governor”, “governors” and “governor’s” inserted instead, respectively).

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