Prisons (Amendment) Act 1986 (NSW)

PRISONS (AMENDMENT) ACT 1986 No. 109

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title

2.      Commencement

3.      Amendment of Act No. 9, 1952

4.      Validation of certain regulations

SCHEDULE 1—AMENDMENTS TO THE PRISONS ACT 1952

PR ISO N S (A M E N D M E N T ) ACT 1986 No. 109

NEW SOUTH WALES

Act No. 109, 1986

An Act to amend the Prisons Act 1952 with respect to inquiries into prisons, the granting of absences to prisoners and in certain other respects. [Assented to 26 November 1986]

Prisons (Amendment) 1986

BE it enacted by the Queen’s Most Excellent Majesty, by 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 1986”,

Commencement

2.       ( 1) Sections 1 and 2 shall commence on the date of assent to this

Act.

(2) Except as provided by subsection (1), this Act shall commence on

such day as may be appointed by the Governor and notified by proclamation

published in the Gazette.

Amendment of Act No. 9, 1952

3.     The Prisons Act 1952 is amended in the manner set forth in Schedule

1 .

Validation of certain regulations

A regulation made or purporting to be made under the Prisons Act 1952 before the commencement of this Act which would be valid, had section 50 of the Prisons Act 1952, as amended by this Act, been in force at the time the regulation was made or purported to be made, is validated.

4.

SCHEDULE I

(Sec, 3)

AMENDMENTS TO THE PRISONS ACT 1952

(I) Section I 1a—

After section 11, insert:

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Inquiries

11a. (1) Without affecting section 10 (3), the Minister may

appoint a person, having such qualifications and experience as may be determined by the Minister, to inquire into and report to the Minister upon any matter relating to the security, good order, control or management of a prison.

(2) For the purposes of an inquiry by a Visiting Justice under section 10 (3) or an inquiry by a person appointed under subsection (1), the Visiting Justice or person shall have the powers, authorities, protections and immunities conferred on a commissioner by Division I of Part II of the Royal Commissions Act 1923 and the provisions of that Act, wjth the exception of section 13 and Division 2 of Part II, shall, with any necessary adaptions, apply to and in respect of the inquiry and to or in respect of any witness or person summoned by or appearing before the Visiting Justice or person appointed under subsection

( 1 ) .

(3) It is a reasonable excuse for the purposes of section 11 (2) (a) of the Royal Commissions Act 1923 as applied by subsection (2) for a person—

(a)	to refuse or fail to answer a question put to the person at an inquiry; or
(b)	to refuse or fail to produce a document or other thing that the person was required to produce at an inquiry,

that the answer to the question, or the production of the document or other thing, as the case may be, might tend to incriminate the person.

(4) A Visiting Justice or person appointed under subsection (1) in conducting an inquiry is not bound by the rules of evidence but may inform himself or herself on any matter in such manner as the Visiting Justice or person thinks appropriate.

(5) A Visiting Justice or person appointed under subsection (1) in conducting an inquiry may, in respect of a matter not dealt with by or under this Act, give directions as to the procedure to be followed at or in connection with the inquiry.

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(2) Section 29 (Absence from prison in certain circumstances permitted)—

Section 29 (2)—(4)—

After section 29(1), insert:

(2) Any prisoner may. in accordance with a permit granted to the prisoner by the Commission, be permitted to be absent from a prison, on such conditions as may be prescribed and such conditions as may be specified in the permit, for a period, being—

(a)	for the purpose of weekend leave—such period not exceeding 3 consecutive days as may be specified in the permit;
(b)	for the purpose of attending tuition or performing work in eonnection with a course of education or training being undertaken by the prisoner—such period not exceeding 7 consecutive days as may be specified in the permit; or
(c)	in the case of a female prisoner who is the mother of a young child or young children, for the purpose of enabling the prisoner to serve her sentence with her child or children in an appropriate environment determined by the Commission—such period as may be specified in the permit.

(3) The Commission may, at any time—

(a) vary or omit any condition of a permit or substitute or add a new condition or conditions; or

(b) revoke a permit.

(4) Where—

(a) it appears to a member of the Commission that a prisoner has contravened or failed to comply with a condition of a permit, being a condition—

(i) which is prescribed;

(ii) which is specified in the permit; or

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(iii)  which Is a varied, substituted or added condition, notice of the variation, substitution or addition of which has been given to the prisoner before the contravention of or failure to comply with the condition;

(b) a permit is revoked; or

(c) a prisoner has not returned to prison on the expiration of the period specified in the permit granted to the prisoner,

a member of the Commission may issue a warrant to a member of the police force directing that the prisoner be apprehended and returned to prison.

(3) Section 29a {Absent prisoners deemed to be in custody)—

(a) Section 29a—

After "section 29 (I)”, insert “or under a permit pursuant to section 29 (2)” .

(b) Section 29a—

After “order” where secondly and thirdly occurring, insert “or permit".

(4) Section 36 (Harbouring escapee)—

Omit “one thousand dollars”, insert instead “$5,000” .

(5) Section 37 (Trafficking)—

Omit “two hundred dollars” , insert instead “$1,000” .

(6) Section 3$ (Miscellaneous offences)—

Section 38 (1)—

Omit “two hundred dollars”, insert instead “$1,000”.

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(7) Section 40b-—

After section 40a, insert:

Evidence of imprisonment, etc.

40b. In proceedings for an offence against this Act or the

regulations, a certificate purporting to be signed by a full-time Commissioner and to certify that a person specified in the certificate was detained in the custody of the governor of a prison specified in the certificate on a date so specified or during any period so specified, shall, without proof of the signature or of the official character or authority of the person purporting to have signed the certificate, be prima facie evidence that the person specified in the certificate was a prisoner in lawful custody on the date so specified or during the period so specified.

(8) Section 50 (Regulations)—

(a) Section 50 (1) (a), (a1)—

Omit section 50 (1) (a), insert instead:

(a) the management, control, good government, supervision and inspection of prisons;

(al) the visits and examinations of prisons and the holding of inquiries and the making of reports by Visiting Justices and persons appointed under section 11a (1);

(b) Section 50 (1) (ml), (m2)—

After section 50 (1) (m), insert:

(m 1) the form of documents to be used for the purposes of this

Act;

(m2) the eligibility of prisoners to apply for permits pursuant to section 29 (2), applications for permits, the frequency of issue of permits, the conditions of permits and the giving of notices to prisoners to whom permits have been granted;

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(c) Section 50{l)(o), (p)—

After section 50 (1) (n), insert:

(o)	the conduct and functions of prison officers and other persons employed in or about a prison;
(p)	the striking, awarding and wearing of medallions and the conferring of awards for bravery, good conduct and long service of prison officers.

(d) Section 50 (2)—

Omit “ forty dollars”, insert instead “$1,000” .