Prisons (Amendment) Act 1970 (NSW)

PRISONS (AMENDMENT) ACT.

JSettJ OTato

ANNO UNDEVICESIMO

ELIZABETHS II BEGINS

Act No. 6, 1970.

An Act to change the titles of the offices of Comptroller- General of Prisons and Deputy Comptroller of Prisons; to make further provisions with respect to the appointment of medical officers for prisons; for these and other purposes to amend the Prisons Act, 1952, the Parole of Prisoners Act, 1966, and certain other Acts; and for purposes con­ nected therewith. [Assented to, 20th March, 1970.]

Prisons {Amendment).

No. 6, 1970 it enacted by the Queen’s Most Excellent Majesty, by J J and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

Short title. 1. This Act may be cited as the “Prisons (Amendment)

Act, 1970”.

Amendment	2.	(1) The Prisons Act, 1952, is amended—
of Act No.
9, 1952.

Sec. 4. (a) (i) by omitting the definition of “Comptroller-

(Defini­	Cieneral” in section four;
tions.)

(ii)   by inserting next before the definition of “convicted prisoner” in the same section the following new definition ;—

“Commissioner” means the Commissioner

of Corrective Services;

Sec. 6. (b) (i) by omitting from subsection one of section

(Commis­	six the words “Comptroller-General of
sioner of
Corrective	Prisons” and by inserting in lieu thereof the
Services.)	words “(Hommissioner of Corrective Services” ;

(ii)   by omitting from subsection two of the same section the words “Deputy Comptroller of Prisons” and by inserting in lieu thereof the words ‘̂Deputy Commissioner of Corrective Services” ;

Sec. 48a.	(c ) by omitting from subsection two of section 48a the
work—re­

(Research	words “Department of Prisons” and by inserting in
cords and	lieu thereof the words “Department of Corrective
information.)	Services”.

Further ( 2 ) The Prisons Act, 1 9 5 2 , is further amended by therefrom (section four and subsection one of

1952.           ’ section six excepted) the word “Cbmptroller-General” wher­ ever occurring and by inserting in lieu thereof the word “Cbmmissioner”.

( 3)

Prisons {Amendment).

( 3 ) The persons holding office immediately before the No. 6, 1970

commencement of this Act as Comptroller-General of Prisons and Deputy Comptroller of Prisons shall, as from that commencement, hold office as Commissioner of Correc­ tive Services and Deputy Commissioner of Corrective Services, respectively.

3.      ( 1 ) A reference, in any other Act, or in any by-law, Construction

regulation, ordinance or any other instrument or document

whatsoever, of the same or a different kind or nature, to the	’
Comptroller-General of Prisons, the Deputy Comptroller of Prisons or the Department of Prisons shall be read and con­ strued as a reference to the Commissioner of Corrective Services, the Deputy Commissioner of Corrective Services or the Department of Corrective Services, respectively.

(2) The Parole of Prisoners Act, 1966, is amended— Amendment

of Act No.

41, 1966.

(a)	by omitting the definition of “Comptroller-General” Sec. 2.
in subsection one of section two; (Defini­ tions.)
(b)	by omitting from section eight the word “Comp- sec. 8. troller-General” wherever occurring and by (Access to
inserting in lieu thereof the words “Commissioner mforma-

. ° o . ,, tionconcem-

of Corrective Services . ing pris­ oners. )

4. The Prisons Act, 1952, is further amended— Further amendment of Act No. 9, 1952.

(a) by inserting in subsection one of section nine aftergec. 9. the word “may” the words “, upon the recom- (Medical mendation of the Minister for Health and with concurrence of the Minister of Justice,” ;

(b) (i) by inserting in section forty-two after the sec. 42.

words “other prison” the words “or, subject (Address of

to subsection two of this section, by the '^arrant.)

person in charge of any lock-up or police

station” ;

(fi)

Prisons {Amendment).

No. 6, 1970	(ii)	by insertiag at the end of the same section the following words and new subsection :—
A warrant of commitment addressed to the person in charge of a lock-up or police station may be received by the person in charge of any other lock-up or police station or by the governor or keeper of any prison.
(2) Nothing in this section authorises the detention of a prisoner for the whole or part of a term of imprisonment in one or more lock-ups or police stations for any period that exceeds one month.

Sec. 45. (c) by omitting from subsection two of section forty- jurisdiction orders a prisoner to be imprisoned as provided in subsection one of this section” and by inserting in lieu thereof the words “Where a prisoner is serving the whole or any part of a term of imprisonment in a lock-up or police station, whether by virtue of the operation of this section or section forty-two of this Act,” ;

(Sentences	five the words “Whenever a court of summary
to be served
in lock-up.)

New sec. (d) by inserting next after section 48b the following

48c.	new section :—
Annual	48c. The Commissioner shall, as soon as practicable after the thirtieth day of June in each year, cause a report giving information as to the operation of the Department of Corrective Services during the year ending on that day to be prepared and forwarded to the Minister for presentation to Parliament.
report.

SUPERANNUATION