Justices Act 1902 Periodic Detention of Prisoners (Short Description of Offences) Regulation 1993 (1993-108) [GG No 26 of 19.3.1993] (NSW)

1993—No. 108

JUSTICES ACT 1902—REGULATION

(Periodic Detention of Prisoners (Short Description of Offences)

Regulation 1993)

NEW SOUTH WALES

[Published in Gazette No. 26 of 19 March 1993]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Justices Act 1902, has been pleased to make the Regulation set forth hereunder.

WAYNE MERTON. M.P.,

Minister for Justice

Citation

1. This Regulation may be cited as the Periodic Detention of Prisoners

(Short Description of Offences) Regulation 1993.

Commencement

2. This Regulation commences on 22 March 1993

Short description of offences

3. (1) For the purposes of section 145B (2) of the Justices Act 1902, the prescribed expression in relation to a summary offence specified in Column 1 of Schedule 1 is the expression set out opposite it in Column 2 of that Schedule.

(2) If a choice of words is indicated in Column 2 of Schedule 1, the

words remaining after the omission of the words irrelevant to the offence

constitute the prescribed expression.

(3) In this Regulation, a reference to a provision in Schedule I in

relation to an offence is a reference to that provision as in force at the

time the offence is alleged to have occurred.

1993—No. 108

SCHEDULE 1 (Cl. 3)

COLUMN 1 COLUMN 2

OFFENCES UNDER PRESCRIBED EXPRESSION

PERIODIC DETENTION OF

PRISONERS ACT 1981

Section 33 (1) (b) (i)—fail to comply with an order in force fail to comply with section 10 (1)

(b) order

under section 10 (1) (b) directing the person to perform work outside a prison

Section 33 (1) (b) (ii)—fail to comply with an order under fail to comply with section 13

order

section 13

Section 33 (1) (e)—disobey a disobey rule, instruction or

rule, an instruction given to the	direction
detainee under section 10 (4) or
a direction given under section 22 that applies to the detainee

OFFENCES UNDER

PERIODIC DETENTION OF PRISONERS REGULATION

1988

Clause 47 (1) (a)—fail. without reasonable excuse, to cause notice of any change of the detainee’s residential address to be given to the governor of the relevant prison	fail notify change of address
Clause 47 (1) (b)—conceal, or	conceal personal property brought

attempt to conceal, any to a prison

personal property brought by

the detainee to a prison

Clause 47 (1) (c)—conceal, or conceal medication brought to a

attempt to conceal, any prison

medication brought by the

detainee to a prison

Clause 47 (1) (d)—fail to keep his

or her person clean, as far as
circumstances permit

fail to keep person clean

1993—No. 108

Clause 47 (1) (e)—fail to keep the accommodation provided for fail to keep accommodation/

property clean, tidy and in good

him or her, his or her clothes	order
and other personal property and the bedding and other articles issued to him or her clean, tidy and in good order
Clause 47 (1) (f)—leave a prison	leave prison or work site without
or work site during a detention	permission
period without permission of the Commissioner, the governor of the prison concerned or the detainee’s supervisor
Clause 47 (1) (g)—receive	receive visitors without approval

visitors at a prison or work site otherwise than in accordance with the requirements of this Regulation

Clause 47 (1) (h)—make any telephone call from a prison or make telephone call without

approval

a work site otherwise than in

accordance with the

requirements of this Regulation Clause 47 (1) (i)—fail to conform	fail to maintain proper dress,
to the standards of dress,	cleanliness and conduct
cleanliness and conduct required of the detainee by the detainee’s supervisor
Clause 47 (1) (j)—fail to keep in good order and condition such	fail to keep clothing/tools in good

order and condition

clothing or tools as may be issued to the detainee for the purpose of his or her performing work at a work site

Clause 47 (1) (k)—damage or

deface any property otherwise
than in the course of
performing work at a work site
in accordance with the
directions of the detainee’s
supervisor

damage or deface property

1993—No. 108

Clause 47 (1) (I)—fail, without reasonable excuse, to sign any fail to sign instrument required to

be signed

instrument which the detainee is required by or under this Regulation to sign

Clause 47 (1) (m)—fail to fail to produce document for

produce for inspection any	inspection
document which the detainee is required by this Regulation to so produce

Clause 47 (1) (n)—make, in any application, notice, statement, make false or misleading

statement

request or complaint under this Regulation, any statement that is false or misleading in a
material particular

Clause 47 (1) (o)—take part in

any gambling or betting during
a detention period

gamble or bet

Clause 47 (1) (p)—be, at any time during a detention period, under

be under the influence of drug/

alcohol/other intoxicant

the influence of a drug, alcohol
or any other intoxicating

substance

Clause 47 (1) (p)—have in his or her possession, or consume, at possess alcohol or intoxicating

substance

any time during a detention period any alcohol or other intoxicating substance or any substance reasonably capable of becoming (by fermentation) an intoxicating substance

Clause 47 (1) (p)—have any drug in his or her possession, or administer any drug to himself or herself or to any other person, during a detention period	possess or administer drug
Clause 47 (1) (p)—fail to comply with a reasonable requirement or direction to undergo a breath test in accordance with the directions of the governor or prison officer	fail to undergo breath test

1993—No. 108

Clause 47 (1) (p)—fail to comply with a reasonable requirement fail to supply urine specimen

or direction to supply for

testing or analysis a specimen

of urine

Clause 47 (I) (q)—tamper with any lock, bolt, bar, ventilator, tamper with appliance, equipment

or property/remove tool

fire extinguisher, tire hose or electrical installation or any other appliance, equipment or property or any structure or building, or remove any tool from a workshop or place of storage otherwise than in

accordance with a direction given by a prison officer or supervisor

Clause 47 (1) (r)—fail to answer promptly any call to muster	fail to report for muster
Clause 47 (1) (s)—use abusive or threatening language to or	use abusive/threatening language/

behave in threatening manner

in the presence of a prison officer or supervisor or behave in a threatening manner

towards a prison officer or

supervisor

Clause 47 (1) (t)—fail to be careful, or be negligent, in the perform work/use tool/

equipment/ machinery

performance of work or in the	carelessly or negligently
use of any tool, equipment or machinery
Clause 47 (1) (u)—report late to serve a detention period	report late for detention period
Clause 47 (1) (v)—report to serve a detention period at a prison or	report at wrong prison or place of

work outside prison

place outside a prison other than the prison or place of work outside a prison at which the detainee is required to report

1993—No. 108

OFFENCES UNDER PRISONS

(GENERAL) REGULATION

1989 ADOPTED FOR

PURPOSES OF PERIODIC

DETENTION OF

PRISONERS REGULATION

1988 (Clause 47 (2))

Clause 27—have in possession any money or article (other than prescribed property) at any time after the prisoner has been admitted to a prison	possess non-prescribed property
Clause 43—injure himself or herself for the purpose of avoiding an obligation imposed or to be imposed on the	injure self

prisoner by or under the Act or

this Regulation

Clause 161 (2)—wilfully and obscenely expose his or her person to the governor of a prison, a prison officer or any person visiting a prison or a prisoner	expose self obscenely
Clause 161 (3)—otherwise behave in an obscene manner in the presence of or towards the governor of a prison, a prison officer or any person visiting a prison or a prisoner	behave in an obscene manner
Clause 162—wilfully hinder or	obstruct prison officer in
obstruct a prison officer in the	performance of duties
performance of his or her duties as a prison officer

1993—No. 108

Clause 164—engage in wrestling, sparring, wrestle, spar or fight another

fighting or other prisoner

physical combat with another
prisoner except where the
prisoner engages in the activity
only as a necessary incident of
taking part in training or a
contest or other sporting event,
in each case organised for the
prisoners by the governor or a

prison officer

Clause 165—assault any other assault other person

person

Clause 166 (1)—incite any other prisoner to participate in a riot	incite to participate in a riot
Clause 166 (2)—participate in a	participate in a riot

riot

Clause 167—maim, wound or cruelly ill-treat any animal maim, wound or ill-treat an

animal

Clause 169—throw any article, or operate any device from which throw an article or cause an article

to be projected

an article is projected, so as to
cause risk:
(a) of injury to any person; or

(b) of damage to any property

Clause 171—steal any property of another person	steal property
Clause 172—introduce into food or drink intended for human	render food unpalatable or

unwholesome

consumption anything liable to
render it unpalatable or

unwholesome

Clause 173—	tattoo or be tattooed
(a)	make a tattoo upon himself or herself or any other prisoner; or
(b)	consent to being tattooed by another prisoner

1993—No. 108

Clause 182— bribe or attempt to bribe

(a)	offer, make or give to any person who is an officer or a temporary employee in
the Department of
Corrective Services any payment, gratuity or present; or
(b)	offer to provide or provide a service to any such person,

in consideration or for the purpose that the person will neglect his or her duty, give preferred treatment or act in any other

way otherwise than in
accordance with the proper

discharge of the person's duties.

NOTE

TABLE OF PROVISIONS

1. Citation

2. Commencement

3. Short description of offences

SCHEDULE 1

EXPLANATORY NOTE

The purpose of this Regulation is to prescribe the short descriptions that, by virtue of section 145B of the Justices Act 1902, are sufficient to state or describe, in any information, complaint, summons, warrant, notice, order or other document, certain offences which may be dealt with by penalty notices under section 33B of the Periodic Detention of Prisoners Act 1981. The Regulation comprises matters of a machinery nature.