Periodic Detention of Prisoners Act 1981 Periodic Detention of Prisoners Amendment (No 2) Regulation 1996 (1996-488) [GG No 110 of 27.9.1996] (NSW)
1996 No 488
New South Wales
Periodic Detention of Prisoners
Amendment (No 2) Regulation 1996
under the
Periodic Detention of Prisoners Act 1981
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Periodic Detention of Prisoners Act 1981.
BOB DEBUS
Minister for Corrective Services
Explanatory note
The object of this Regulation is to prescribe matters appropriate to the amendments made to the Periodic Detention of Prisoners Act 1981 by the Periodic Detention of Prisoners Amendment Act 1996, and in particular:
(a)
to prescribe the hours of reporting for service of periodic detention at certain prisons, and
(b)
to provide for the extension of the maximum permissible working hours fixed under the Act in the case of periodic detainees who are required to make up time lost through absences, and
(c)
to make further provision with respect to the grant of leave of absence for periodic detainees and to provide, in the case of leave applied for on health grounds, for required medical examinations, and
(d)
to dispense with the requirement that a prisoner sign copies of a notice of the granting of leave of absence and of a notice of an order varying the prison at which the prisoner’s sentence is to be served, and
(e)
to revise certain provisions relating to the service of notices on periodic detainees.
This Regulation is made under sections 9, 21AA and 34 of the Periodic
Detention of Prisoners Act 1981.
Published in Gazette No 110 of 27 September 1996, page 6596 Page 1
1996 No 488
| Clause 1 | Periodic Detention of Prisoners Amendment (No 2) Regulation 1996 |
Periodic Detention of Prisoners Amendment
(No 2) Regulation 1996
1 Name of Regulation
This Regulation is the Periodic Detention of Prisoners
Amendment (No 2 ) Regulation 1996.
2 Commencement
This Regulation commences on 27 September 1996.
Amendment of Periodic Detention of Prisoners Regulation 1995
The Periodic Detention of Prisoners Regulation 1995 is amended as set out in Schedule 1.
4 Notes
The explanatory note does not form part of this Regulation.
1996 No 488
Periodic Detention of Prisoners Amendment (No 2) Regulation 1996
Amendment of Periodic Detention of Prisoners Regulation 1995 Schedule 1 Schedule 1 Amendment of Periodic Detention of
Prisoners Regulation 1995
(Clause 3)
[1] Clause 7A
Insert before clause 8:
7A Reporting to prison: prescribed ether time
For the purposes of section 9 (2) of the Act, the time for first reporting to prison in order to commence serving a sentence by way of periodic detention at Campbelltown, Malabar, Mannus, Parramatta, St Heliers, Silverwater, Tomago, South Windsor and Wollongong periodic detention centres is 9.00 am.
[2] Clause 23 Working hours
Insert after clause 23 (3):
(4) The period of 8 hours prescribed by subclause (1) may be extended by an amount of time equal to any extra time necessary to be served in accordance with a direction given under section 21AA of the Act in respect of an occasion on which the detainee was late in reporting to prison.
[3] Clause 26
Omit the clause. Insert instead:
26 Notice of section 10 order
(1)
The Commissioner must cause written notice of the terms of an order under section 1 0 ( 1) (b) of the Act to be served on the periodic detainee to whom it relates.
(2)
If the detainee is at a prison when service is to be made, then service must be personal. In any other case, service may be personal or by post.
1996 No 488
Periodic Detention of Prisoners Amendment (No 2) Regulation 1996
| Schedule 1 | Amendment of Periodic Detention of Prisoners Regulation 1995 |
(3) If service is by post, the notice is properly addressed if addressed to the last residential address for the detainee that is known to the governor of the prison where the detainee last reported.
[4] Clause 27 Production of notices for inspection
Omit the clause.
Clause 28 Applications for leave of absence
Omit ‘*section 20” from clause 28 (1). Insert instead “section 20 or
21AA”.
Clause 30 Inquiries into applications for leave of absence
Omit “section 20” from clause 30 (1). Insert instead “section 20 or
21AA”.[7] Clause 30 (3) and (4)
Omit the subclauses.
Clause 31A
Insert after clause 31 :
31A Medical examinations in connection with leave of
absence
A detainee who applies for leave of absence for health reasons, or who is directed under section 20A of the Act to take leave for health reasons, may be required to undergo one or more medical examinations by a Government Medical Officer at such times and places as may be notified to the detainee in writing by or on behalf of the Commissioner.
1996 No 488
Periodic Detention of Prisoners Amendment (No 2) Regulation 1996
Amendment of Periodic Detention of Prisoners Regulation 1995 Schedule 1 [9] Clause 39 Offences against discipline (sec 33 (1) (d))
Insert after clause 39 (1) (o):
(o1) fails to comply with a requirement notified under clause
3 1 A (medical examinations),
[10] Clause 43 Orders varying times of attendance
Omit the clause.
[11] Clause 44 Orders varying prison at which sentence to be served
Omit the clause.
[12] Clause 46 Notices of hearing—cancellation of orders for periodic detention
Omit clause 46 (2). Insert instead:
(2) The notice is properly addressed if addressed to the last residential address for the person that is known to the governor of the prison where the person last was a periodic detainee.
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