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New South Wales
Crimes (Administration of Sentences)
Further Amendment Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes (Administration of Sentences)
Act 1999 No 93 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2002
New South Wales
Crimes (Administration of Sentences)
Further Amendment Bill 2002
Act No , 2002
An Act to amend the Crimes (Administration of Sentences) Act 1999 to make
provision with respect to segregated and protective custody, the appointment of
recognised interstate correctional officers and drug and alcohol testing of
correctional staff; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Crimes (Administration of Sentences) Further Amendment Bill 2002
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes (Administration of Sentences) Further
Amendment Act 2002.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
The Crimes (Administration of Sentences) Act 1999 is amended as set
out in Schedule 1.
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Crimes (Administration of Sentences) Further Amendment Bill 2002
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 3 Interpretation
Insert in alphabetical order in section 3 (1):
transitional centre means premises managed or approved by
the Commissioner for the purpose of accommodating certain
inmates prior to their release from custody.
[2] Section 7 Payments to inmates
Insert after section 7 (2):
(3) The payment of an inmate by the Commissioner under this
section for work done (whether or not at the direction of the
Commissioner) does not constitute employment of, or a
contract of service with, the inmate by the Crown or any other
person, and accordingly an inmate who undertakes any such
paid work is not:
(a) a worker for the purposes of the Workers
Compensation Act 1987, the Workplace Injury
Management and Workers Compensation Act 1998, the
Annual Holidays Act 1944 or the Long Service Leave
Act 1955, or
(b) an employee (however described) for the purposes of
the Industrial Relations Act 1996 or any Act or other
law.
[3] Part 2, Division 2
Omit the Division. Insert instead:
Division 2 Segregated and protective custody
9 Definitions
In this Division:
protective custody direction means a direction referred to in
section 11.
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Crimes (Administration of Sentences) Further Amendment Bill 2002
Schedule 1 Amendments
segregated custody direction means a direction referred to in
section 10.
suspension direction means a direction referred to in section
20 (1) (a).
10 Segregated custody of inmates
(1) The Commissioner may direct that an inmate be held in
segregated custody if of the opinion that the association of the
inmate with other inmates constitutes or is likely to constitute
a threat to:
(a) the personal safety of any other person, or
(b) the security of a correctional centre, or
(c) good order and discipline within a correctional centre.
(2) The governor of a correctional centre may exercise the
Commissioner's functions under this section in relation to the
correctional centre and, on each occasion he or she does so,
must notify the Commissioner of that fact and of the grounds
on which the segregated custody direction was given.
(3) A segregated custody direction given by the governor of a
correctional centre does not apply in relation to any other
correctional centre.
(4) Subsection (3) is subject to section 15.
11 Protective custody of inmates
(1) The Commissioner may direct that an inmate be held in
protective custody if of the opinion that the association of the
inmate with other inmates constitutes or is likely to constitute
a threat to the personal safety of the inmate.
(2) The Commissioner may also direct that an inmate be held in
protective custody if the inmate requests the Commissioner in
writing to do so.
(3) The governor of a correctional centre may exercise the
Commissioner's functions under this section in relation to the
correctional centre and, on each occasion he or she does so,
must notify the Commissioner of that fact and of the grounds
on which the protective custody direction was given.
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Amendments Schedule 1
(4) A protective custody direction given by the governor of a
correctional centre does not apply in relation to any other
correctional centre.
(5) Subsection (4) is subject to section 15.
12 Effect of segregated or protective custody direction
(1) An inmate subject to a segregated or protective custody
direction is to be detained:
(a) in isolation from all other inmates, or
(b) in association only with such other inmates as the
Commissioner (or the governor of the correctional
centre in the exercise of the Commissioner's functions
under section 10 or 11) may determine.
(2) An inmate who is held in segregated or protective custody:
(a) is not to suffer any reduction of diet, and
(b) is not to be deprived of any rights or privileges other
than those determined by the Commissioner (or the
governor in the exercise of the Commissioner's
functions under section 10 or 11), either generally or in
a particular case, and other than those the deprivation of
which is necessarily incidental to the holding of the
inmate in segregated or protective custody.
13 Form of direction
A segregated or protective custody direction must be in writing
and must include the grounds on which it is given.
14 Information concerning review of segregated or protective
custody direction
As soon as practicable after an inmate is directed:
(a) to be held in segregated custody under section 10, or
(b) to be held in protective custody under section 11 (other
than at the inmate's request),
the governor of the correctional centre is to provide the inmate
with information concerning the inmate's rights to a review of
the segregated or protective custody direction.
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Schedule 1 Amendments
15 Transfer of inmate held in segregated or protective custody
(1) If an inmate held in segregated or protective custody under a
segregated or protective custody direction given by the
governor of a correctional centre is transferred to another
correctional centre, the segregated or protective custody
direction applies:
(a) in relation to the correctional centre to which the inmate
is transferred (the receiving correctional centre), and
(b) in relation to the conveyance of the inmate to the
receiving correctional centre, including custody of the
inmate in any correctional centre in which the inmate is
held during the course of being conveyed to the
receiving correctional centre.
(2) Within 72 hours after the arrival of the inmate at the receiving
correctional centre, the governor of the receiving correctional
centre must review the segregated or protective custody
direction, having regard to the grounds referred to in section 10
or 11, and give one of the following directions:
(a) a direction revoking the segregated or protective custody
direction,
(b) a direction confirming the segregated or protective
custody direction,
(c) a direction confirming the segregated or protective
custody direction but amending its terms.
(3) A direction given under subsection (2) has effect according to
its terms.
(4) A segregated or protective custody direction that is subject to
a direction under subsection (2) (b) or (c) is, on and after the
giving of that direction, taken to be a segregated or protective
custody direction given by the governor of the receiving
correctional centre.
(5) A direction by the governor of a receiving correctional centre
revoking, confirming or amending a segregated or protective
custody direction has effect even though it is given outside the
period during which it is required to be given under this
section.
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Amendments Schedule 1
16 Review of segregated or protective custody direction by
Commissioner
(1) The governor of a correctional centre where an inmate is held
in segregated or protective custody must submit a report about
the segregated or protective custody direction to the
Commissioner within 14 days after the date on which the
direction is given (the relevant date), regardless of whether the
segregated or protective custody direction was given by the
Commissioner or by the governor of a correctional centre.
(2) Within 7 days after receiving the report, the Commissioner
must review the segregated or protective custody direction and
give one of the following directions:
(a) a direction revoking the segregated or protective custody
direction,
(b) a direction confirming the segregated or protective
custody direction,
(c) a direction confirming the segregated or protective
custody direction but amending its terms.
(3) If the direction is confirmed, the governor of the correctional
centre where the inmate is held in segregated or protective
custody must submit a further report about the direction to the
Commissioner within 3 months after the relevant date, and
within each subsequent period of 3 months after that period.
(4) Within 7 days after each occasion on which the Commissioner
receives any such further report, the Commissioner must review
the segregated or protective custody direction and give one of
the directions referred to in subsection (2) (a)(c).
(5) The confirmation of a segregated or protective custody
direction by the governor of a correctional centre under
section 15, or by the Review Council under section 22, does
not affect the requirements for reporting about and reviewing
a segregated or protective custody direction under this section.
(6) A direction by the Commissioner revoking, confirming or
amending a segregated or protective custody direction has
effect even though it is given outside the period during which
it is required to be given under this section.
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Schedule 1 Amendments
(7) In this section:
report, in relation to a segregated or protective custody
direction, means a report recommending whether or not the
segregated or protective custody direction should be revoked,
confirmed or amended.
17 Revocation of segregated or protective custody direction
(1) A segregated or protective custody direction remains in force
until it is revoked.
(2) The Commissioner may, at any time, revoke a segregated or
protective custody direction or amend its terms.
(3) The Commissioner must revoke a protective custody direction
given at the request of an inmate if the inmate requests the
Commissioner in writing to revoke it.
(4) The governor of a correctional centre may exercise the
Commissioner's functions under this section in relation to the
correctional centre.
18 Report to Minister on segregated or protective custody direction
(1) As soon as practicable after confirming a segregated or
protective custody direction, the Commissioner must give
written notice of that fact to the Minister, giving reasons for the
confirmation direction, if:
(a) the confirmation direction will result in the inmate being
subject to a total continuous period of segregated or
protective custody exceeding 6 months, or
(b) the inmate has already been subject to a total continuous
period of segregated or protective custody exceeding 6
months.
(2) This section does not apply to a direction confirming a
protective custody direction that was given at the request of an
inmate.
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19 Review of segregated or protective custody direction by Review
Council
(1) An inmate whose total continuous period of segregated or
protective custody exceeds 14 days may apply to the Review
Council for a review of the segregated or protective custody
direction under which the inmate is held in segregated or
protective custody.
(2) The application is to be in writing and is to include the inmate's
reasons for making the application.
(3) The Review Council must review the direction unless
subsection (4) applies.
(4) The Review Council may refuse to review the direction if:
(a) the application does not, in the opinion of the Review
Council, disclose substantial grounds for a review, or
(b) the Review Council has previously determined a review
of the same direction under this Division and the
application does not, in the opinion of the Review
Council, disclose substantially different grounds for
review.
(5) The Review Council may not refuse to review a direction under
subsection (4) if a period of more than 3 months has elapsed
since the Review Council determined a review of the
segregated or protective custody direction.
(6) This section applies regardless of whether the relevant
segregated or protective custody direction was given by the
Commissioner or by the governor of a correctional centre.
20 Suspension directions by Review Council
(1) The Chairperson of the Review Council may give a direction
for:
(a) the suspension of an inmate's segregated or protective
custody direction, or
(b) the transfer of an inmate to a different correctional
centre.
(2) A suspension direction may be given at any time after an
application for a review is made and before it is determined.
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Schedule 1 Amendments
(3) While a suspension direction is in force, the inmate is not to be
held in segregated or protective custody unless a new
segregated or protective custody direction is given.
(4) The Chairperson may at any time vary or revoke a suspension
direction.
(5) A suspension direction does not revoke a segregated or
protective custody direction.
(6) A direction for the transfer of an inmate to a different
correctional centre may be given:
(a) if the Chairperson considers that the inmate's removal
would facilitate the review of the segregated or
protective custody direction, or
(b) for any other reason that the Chairperson thinks fit.
(7) The determination of a review of a segregated or protective
custody direction by the Review Council under section 22
revokes any suspension direction applying to the segregated or
protective custody direction.
21 Procedure for review of segregated or protective custody
direction by Review Council
(1) In determining any matter relating to the segregated or
protective custody of an inmate, the Review Council is not
bound by the rules of evidence but may inform itself of any
matter in such manner as it thinks appropriate.
(2) The Review Council must cause notice of any hearing in
relation to a review to be given to the inmate who applied for
the review.
(3) If the inmate so wishes, the Review Council must allow the
inmate to be present, and to be heard, at the hearing.
(4) The inmate may be represented by a legal practitioner chosen
by the inmate or, if the Review Council so approves, by some
other person chosen by the inmate.
(5) The Commissioner or the governor of a correctional centre (or
both) may be represented by a legal practitioner or by some
other person.
(6) Division 2 of Part 9 applies to the conduct of a review by the
Review Council under this Division.
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Amendments Schedule 1
22 Determination of review by Review Council
(1) In reviewing a segregated or protective custody direction, the
Review Council must take the following matters into account:
(a) whether the direction was given or reviewed in
accordance with this Division,
(b) whether the direction was reasonable in the
circumstances,
(c) whether the direction was necessary to secure the
personal safety of the inmate or any other person,
(d) the security of, and the preservation of good order and
discipline within, the relevant correctional centre,
(e) the interests of the public.
(2) In determining an application for review, the Review Council
may revoke, confirm or amend the segregated or protective
custody direction to which the application relates.
[4] Section 26 Local leave permits
Omit "(that is, premises managed or approved by the Commissioner for the
purpose of accommodating inmates prior to their release from custody)"
from section 26 (2) (j).
[5] Section 38 Absent inmates taken to be in custody
Omit the definition of designated officer from section 38 (4).
Insert instead:
designated officer means the person for the time being holding
or acting in the position within the Department designated by
the Commissioner for the purposes of this section.
[6] Section 76 Sale of unclaimed property
Insert "or otherwise disposed of as the Commissioner may direct" after
"sold" in section 76 (1).
[7] Section 107 Definitions
Insert "from the date on which the order was made" after "months"
wherever occurring in the definition of relevant maximum period.
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[8] Section 197 Functions of Review Council
Omit section 197 (2) (d). Insert instead:
(d) to review segregated and protective custody directions
under Division 2 of Part 2,
[9] Section 197 (3)
Insert "nominated by the Chairperson" after "judicial member".
[10] Section 228 Official Visitors
Omit section 228 (4) (a) (i). Insert instead:
(i) for the purpose of giving interviews to
correctional officers and other members of staff
employed in the Department at the complex or
centre, and
(ia) for the purpose of giving interviews to offenders
held in custody at the complex or centre, and
[11] Section 232 Commissioner
Omit section 232 (4). Insert instead:
(4) Sections 10 (2), 11 (3), 12 and 17 (4) do not limit the power of
the Commissioner to delegate functions under those sections.
[12] Sections 235C and 235D
Insert after section 235B:
235C Transitional centre officers
(1) In this section:
transitional centre officer means a person who is employed at
a transitional centre for the purpose of supervising inmates
residing at the transitional centre (including supervising such
inmates while they are outside the transitional centre).
(2) The functions of transitional centre officers are to be as
determined from time to time by the Commissioner.
(3) Those functions may include functions of a correctional officer.
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(4) To the extent that the functions of a transitional centre officer
include the functions of a correctional officer, the transitional
centre officer has all the immunities of a correctional officer.
(5) A transitional centre officer may exercise a function of a
correctional officer only in respect of an inmate who resides at
the transitional centre where the transitional centre officer is
employed.
(6) Transitional centre officers must at all times exercise their
functions in such manner as the Commissioner, having regard
to current circumstances, may from time to time direct.
235D Functions of periodic detention field officers
(1) In this section:
periodic detention field officer means a person who is
employed for the purpose of supervising offenders subject to
periodic detention orders while the offenders are outside a
periodic detention centre.
(2) The functions of periodic detention field officers are to be as
determined from time to time by the Commissioner.
(3) Those functions may include functions of a correctional officer.
(4) To the extent that the functions of a periodic detention field
officer include the functions of a correctional officer, the
periodic detention field officer has all the immunities of a
correctional officer.
(5) A periodic detention field officer may exercise a function of a
correctional officer only:
(a) in respect of an offender who is subject to a periodic
detention order, and
(b) during any detention period for that offender.
(6) Periodic detention field officers must at all times exercise their
functions in such manner as the Commissioner, having regard
to current circumstances, may from time to time direct.
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[13] Section 236D
Insert after section 236C:
236D Delegation of functions of CEO, Corrections Health Service
(1) The Chief Executive Officer, Corrections Health Service, may
delegate to any person any of the Chief Executive Officer's
functions under this Act, other than this power of delegation.
(2) Subsection (1) does not enable the Chief Executive Officer,
Corrections Health Service to delegate the right of free and
unfettered access conferred on the Chief Executive Officer by
sections 236B and 244.
[14] Part 11, Division 5
Insert after Division 4 of Part 11:
Division 5 Testing of correctional staff for alcohol and
prohibited drugs
236E Definitions
In this Part:
authorised person means a person authorised in accordance
with the regulations to conduct breath tests, breath analyses or
other tests for the purposes of this Division and the regulations.
breath analysing instrument means any instrument approved
by the Governor by order under the Road Transport (Safety
and Traffic Management) Act 1999 as such an instrument, that
is, an instrument designed to ascertain, by analysis of a person's
breath, the concentration of alcohol present in the person's
blood.
breath analysis means a test carried out by a breath analysing
instrument for the purpose of ascertaining, by analysis of a
person's breath, the concentration of alcohol present in that
person's blood.
breath test means a test:
(a) that is designed to indicate the concentration of alcohol
in a person's blood, or whether a particular
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Crimes (Administration of Sentences) Further Amendment Bill 2002
Amendments Schedule 1
concentration of alcohol is or may be present in a
person's blood, and
(b) that is carried out on the person's breath by means of a
device (not being a breath analysing instrument) of a
type approved by the Governor for the conduct of
breath tests under the Road Transport (Safety and
Traffic Management) Act 1999.
hospital means a public or private hospital, and includes any
premises, institution or establishment prescribed by the
regulations as a hospital for the purposes of this Division.
member of correctional staff means a correctional officer or
any other person who is employed in the Department.
prohibited drug has the same meaning as in the Drug Misuse
and Trafficking Act 1985.
236F Testing of staff for alcohol and prohibited drugs
(1) An authorised person may require any member of correctional
staff who is on duty, or who is present at the staff member's
place of work and about to go on duty:
(a) to undergo a breath test, or submit to a breath analysis,
for the purpose of testing for the presence or
concentration of alcohol, or
(b) to provide a sample of the staff member's urine or hair
for the purpose of testing for the presence of prohibited
drugs,
in accordance with the directions of the authorised person and
the regulations.
(2) The selection of a member of correctional staff for testing
under subsection (1) may be conducted on a random or
targeted basis.
(3) Without limiting the generality of subsection (1), if an incident
occurs in which a person dies or is injured while in the custody
of a member of correctional staff, or as the result of the
discharge of a firearm by a member of correctional staff, an
authorised person may require any member of correctional staff
involved in the incident:
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(a) to undergo a breath test, or submit to a breath analysis,
for the purpose of testing for the presence or
concentration of alcohol, or
(b) to provide a sample of the member of staff's urine or
hair for the purpose of testing for the presence of
prohibited drugs,
in accordance with the directions of the authorised person and
the regulations.
(4) An authorised person may require the staff member to remain
on the premises where the test is to be conducted until the test
is completed.
(5) A requirement pursuant to subsection (3) to undergo a test or
to provide a sample is to be made by the authorised person as
soon as practicable after the incident concerned.
236G Testing where member of correctional staff attends hospital
(1) If a member of correctional staff attends or is admitted to a
hospital for examination or treatment because of an incident
referred to in section 236F (3), an authorised person may
require the member of staff to provide a sample of the member
of staff's blood, urine or hair in accordance with the directions
of a medical practitioner who attends the member of staff at the
hospital.
(2) Any such medical practitioner must take the sample if informed
by an authorised person that the sample is required to be taken
by the practitioner, but not a sample of blood if such a sample
is taken under Division 4 of Part 2 of the Road Transport
(Safety and Traffic Management) Act 1999 instead.
(3) If there is no medical practitioner present to attend the staff
member at the hospital, the sample is to be taken by a
registered nurse who is attending the staff member and who is
accredited by a hospital to perform the sampling procedures.
(4) Sections 21 and 22 of the Road Transport (Safety and Traffic
Management) Act 1999 apply to any taking of a sample of
blood, urine or hair under subsection (1) as if the sample were
a sample of blood taken under Division 4 of Part 2 of that Act.
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(5) Any sample taken under subsection (1) is to be dealt with, and
a report on the analysis of the sample is to be provided, in
accordance with the regulations.
(6) Nothing in this section or the regulations derogates from the
operation of Division 4 of Part 2 of the Road Transport (Safety
and Traffic Management) Act 1999.
236H Protection from liability
(1) A medical practitioner does not incur any civil or criminal
liability in respect of anything properly and necessarily done by
the practitioner in the course of taking a sample of blood, urine
or hair from a member of correctional staff for the purpose of
its being used by an analyst to detect the presence of alcohol or
any prohibited drug if the practitioner:
(a) believed on reasonable grounds that he or she was
required under this Act to take the sample of blood,
urine or hair from the person, or
(b) was informed by an authorised officer that the staff
member was a person from whom the practitioner was
required under this Act to take the sample of blood,
urine or hair.
(2) Subsection (1) extends to a registered nurse, or any person
acting under the supervision of the medical practitioner, who
performs the functions of a medical practitioner under this
Division in accordance with this Division or the regulations.
236I Regulations
The regulations may make provision for or with respect to the
following:
(a) the appointment of authorised officers and the
authorisation of persons:
(i) to administer breath tests, breath analyses or
other tests for the purposes of detecting the
presence or concentration of alcohol or
prohibited drugs, and
(ii) to operate equipment for that purpose,
(b) the conduct of testing,
(c) the taking of samples of urine, hair or blood,
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(d) the taking of a sample of blood at the choice of a
member of correctional staff for the staff member to
retain or arrange to be analysed (or both),
(e) the provision of a sample of the staff member's urine or
hair for the purpose of testing for the presence of
prohibited drugs,
(f) the devices used in carrying out the breath tests, breath
analyses and other tests, including the calibration,
inspection and testing of those devices,
(g) the accreditation of persons conducting analyses for the
presence of prohibited drugs,
(h) the procedure for the handling and analysis of samples
of urine, hair or blood,
(i) offences relating to interference with test results or the
testing procedure,
(j) the consequences of refusing to comply with a
requirement of or under this Division,
(k) the consequences for members of correctional staff of
testing positive for alcohol or prohibited drugs,
(l) the evidentiary value and use of certificates relating to
the analysis of a sample or the authorisation of persons,
(m) the confidentiality of test results.
[15] Part 11, Division 6
Insert at the end of Part 11:
Division 6 Recognised interstate correctional officers
236J Appointment of recognised interstate correctional officers
(1) The Commissioner may, by instrument in writing, appoint any
of the following persons, or each person in a group of such
persons, as a recognised interstate correctional officer:
(a) any person who is employed as a correctional officer
(other than a probationary correctional officer) within
the public service of another State or Territory,
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(b) any member of the police force of another State or
Territory (other than a probationary constable),
(c) any member of the Australian Federal Police.
(2) The Commissioner may not appoint a person, or each person
in a group of persons, as a recognised interstate correctional
officer unless, in the Commissioner's opinion, the person or
each person in the group of persons:
(a) has undergone appropriate training in respect of the
exercise of his or her functions as a recognised interstate
correctional officer, and
(b) is to be subject to an appropriate disciplinary system in
respect of the exercise of those functions.
(3) An appointment as a recognised interstate correctional officer
may be made subject to conditions. The kinds of conditions to
which an appointment may be subject include (but are not
limited to) conditions as to the kinds of functions conferred and
the purposes for and circumstances in which such functions
may be exercised.
(4) The Commissioner may, at any time, revoke the appointment
of any person, or of each person in a group of persons, as a
recognised interstate correctional officer and may, at any time,
impose, vary or revoke any conditions of appointment.
(5) A person who is a recognised interstate correctional officer
because he or she is employed as a correctional officer in the
public service of another State or Territory, or because he or
she is a member of a police force, ceases to be a recognised
interstate correctional officer on ceasing to be so employed as
a correctional officer or on ceasing to be such a member.
(6) Without limiting subsection (4), the Commissioner may at any
time revoke the appointment of a person as a recognised
interstate correctional officer if of the opinion that the person
is not a suitable person to be a recognised interstate
correctional officer.
(7) In this section, a reference to a correctional officer or to the
public service of another State or Territory means a
correctional officer however described, or a public service
however described.
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236K Recognised interstate correctional officer to have correctional
officer functions
(1) A recognised interstate correctional officer has all the functions
and immunities that a correctional officer has under this or any
other Act.
(2) The conferral of functions by this section on a recognised
interstate correctional officer is subject to any applicable
conditions of the person's appointment as a recognised
interstate correctional officer.
(3) The regulations may make provision for or with respect to
identification requirements for, or the wearing of uniforms by,
recognised interstate correctional officers.
[16] Section 249 Definitions
Omit the definition of designated officer from the section.
Insert instead:
designated officer means the person for the time being holding
or acting in the position within the Department designated by
the Commissioner for the purposes of this Part.
[17] Section 260 Evidentiary certificates
Insert after section 260 (a):
(a1) a specified person was in the custody of the designated
officer within the meaning of section 38 or 249.
[18] Section 267
Omit the section. Insert instead:
267 Research
(1) In this section:
research means research in connection with:
(a) the administration or management of correctional
centres or any other facilities administered or managed
by the Department or a management company, or
(b) services provided to offenders by or on behalf of the
Department or a management company, or
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Crimes (Administration of Sentences) Further Amendment Bill 2002
Amendments Schedule 1
(c) the circumstances relating to offenders, or
(d) workplace or industrial relations matters relating to
correctional centres or any other facilities administered
or managed by the Department or a management
company, or
(e) some other aspect of penology.
(2) A person must apply to the Commissioner for approval to
conduct research that involves the person (or persons acting
under the direction of that person) obtaining access to:
(a) information held by the Department or a management
company, or
(b) facilities administered or managed by the Department or
a management company, or
(c) persons employed in, or engaged by contract to, the
Department or a management company, or
(d) persons in the custody of, or supervised by, the
Department or a management company.
(3) In determining such an application, the Commissioner may
have regard to any recommendations made by an ethics
committee established by the Commissioner in accordance with
the regulations.
(4) The Commissioner may approve an application subject to
conditions or unconditionally, and may give access to such
information, facilities or persons, or give access in such
manner, as the Commissioner considers appropriate.
(5) If the Commissioner refuses to approve an application, the
Commissioner must give the applicant reasons in writing for
the refusal.
(6) A person to whom any such access is given must not use any
information obtained in connection with that access, or created
as a result of that access, in a manner:
(a) that contravenes any conditions imposed by the
Commissioner as to its use, or
(b) that enables the identity of any person to whom the
information relates to be ascertained.
Maximum penalty: 2 penalty units.
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Crimes (Administration of Sentences) Further Amendment Bill 2002
Schedule 1 Amendments
(7) The Department may, either alone or in conjunction with a
university body or another person or organisation, undertake
research in connection with matters referred to in
subsection (1).
[19] Schedule 1 Parole Board
Insert after clause 11 (5):
(6) The Parole Board may, if it thinks fit, hold a meeting at which
some members participate by telephone, closed-circuit
television or other means, but only if any member who speaks
on a matter before the meeting can be heard by the other
members and by members of the public (if the meeting is open
to the public).
[20] Schedule 1, clause 16
Insert at the end of clause 16:
(2) Despite subclause (1), if the Chairperson and the Alternate
Chairperson or Deputy Chairperson, or both, are present at a
meeting of the Parole Board at which all community members
may attend, the Alternate Chairperson and Deputy Chairperson
are each entitled to vote with respect to any decision.
[21] Schedule 1, clause 17
Omit the clause. Insert instead:
17 Decisions
(1) A decision supported by a majority of the votes cast at a
meeting of the Parole Board at which a quorum is present
(being votes cast by persons entitled to vote at the meeting) is
the decision of the Parole Board.
(2) In the case of an equality of votes, the judicial member
presiding at a meeting of the Parole Board is to have the casting
vote.
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Crimes (Administration of Sentences) Further Amendment Bill 2002
Amendments Schedule 1
[22] Schedule 1, clause 22A
Insert after clause 22:
22A Rulings on points of law
If either of the following questions arises at a meeting of the
Parole Board, it is to be decided by the person presiding at the
meeting alone:
(a) whether a question is a question of fact or law, or a
question of mixed law and fact,
(b) any question determined to be a question of law alone
or a question of mixed law and fact.
[23] Schedule 2 Serious Offenders Review Council
Insert after clause 11 (5):
(6) The Review Council may, if it thinks fit, hold a meeting at
which some members participate by telephone, closed-circuit
television or other means, but only if any member who speaks
on a matter before the meeting can be heard by the other
members and by members of the public (if the meeting is open
to the public).
[24] Schedule 2, clause 11A (4)
Omit "a party to the proceedings".
Insert instead "involved in the proceedings".
[25] Schedule 2, clause 11A (5) (c)
Omit "a party opposing the making of the direction that the direction would
be unfair to the party".
Insert instead "a person opposing the making of the direction that the
direction would be unfair to the person".
[26] Schedule 2, clause 11A (6)
Omit "a party to the proceedings".
Insert instead "a person involved in the proceedings".
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Crimes (Administration of Sentences) Further Amendment Bill 2002
Schedule 1 Amendments
[27] Schedule 2, clause 11A (7)
Omit "any party to the proceedings".
Insert instead "any person involved in the proceedings".
[28] Schedule 2, clause 15
Insert at the end of clause 15:
(2) Despite subclause (1), if the Chairperson and the Alternate
Chairperson or Deputy Chairperson, or both, are present at a
meeting of the Review Council at which all community
members may attend, the Alternate Chairperson and Deputy
Chairperson are each entitled to vote with respect to any
decision.
[29] Schedule 2, clause 16
Omit the clause. Insert instead:
16 Decisions
(1) A decision supported by a majority of the votes cast at a
meeting of the Review Council at which a quorum is present
(being votes cast by persons entitled to vote at the meeting) is
the decision of the Review Council.
(2) In the case of an equality of votes, the judicial member
presiding at a meeting of the Review Council is to have the
casting vote.
[30] Schedule 2, clause 20A
Insert after clause 20:
20A Rulings on points of law
If either of the following questions arises at a meeting of the
Review Council, it is to be decided by the person presiding at
the meeting alone:
(a) whether a question is a question of fact or law, or a
question of mixed law and fact,
(b) any question determined to be a question of law alone
or a question of mixed law and fact.
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Crimes (Administration of Sentences) Further Amendment Bill 2002
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[31] Schedule 5 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Crimes (Administration of Sentences) Further Amendment
Act 2002
[32] Schedule 5, Part 5
Insert after Part 4:
Part 5 Provisions consequent on enactment of
Crimes (Administration of Sentences) Further
Amendment Act 2002
64 Definition
In this Part:
2002 amending Act means the Crimes (Administration of
Sentences) Further Amendment Act 2002.
65 Segregated custody directions and protective custody directions
(1) In this clause:
commencement date means the date on which Division 2 of
Part 2 (as substituted by the 2002 amending Act) commences.
(2) A segregated or protective custody direction given under
Division 2 of Part 2 before the commencement date is taken to
be a segregated or protective custody direction given under
Division 2 of Part 2 as substituted by the 2002 amending Act.
(3) For the purposes of the application of section 16 (as substituted
by the 2002 amending Act) to a segregated or protective
custody direction given before the commencement date, the
following provisions have effect:
(a) if the segregated or protective custody direction was
given less than 14 days before the commencement date,
the governor of the correctional centre where the inmate
the subject of the direction is held in segregated or
protective custody must submit a report about the
direction to the Commissioner within 14 days after the
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Crimes (Administration of Sentences) Further Amendment Bill 2002
Schedule 1 Amendments
direction was given, and that report is taken to be a
report under section 16 (1),
(b) if the segregated or protective custody direction was
given not less than 14 days before the commencement
date and was extended by the Commissioner less than
3 months before the commencement date, the governor
of the correctional centre where the inmate the subject
of the direction is held in segregated or protective
custody is to prepare a report referred to in that section
within 3 months after the direction was extended by the
Commissioner, and that report is taken to be a report
under section 16 (3),
(c) if the segregated or protective custody direction was
given not less than 14 days before the commencement
date and was not extended by the Commissioner less
than 3 months before the commencement date, the
governor of the correctional centre where the inmate the
subject of the direction is held in segregated or
protective custody is to prepare a report referred to in
that section as soon as possible after the
commencement date, and that report is taken to be a
report under section 16 (3).
66 Meetings of Parole Board and Review Council
(1) Schedule 1, as in force before its amendment by the 2002
amending Act, continues to apply to any proceedings before the
Parole Board that had been commenced but not concluded
immediately before the commencement of that amendment, and
such proceedings are to be determined in accordance with
Schedule 1 as if it had not been so amended.
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Crimes (Administration of Sentences) Further Amendment Bill 2002
Amendments Schedule 1
(2) Schedule 2, as in force before its amendment by the 2002
amending Act, continues to apply to any proceedings before the
Review Council that had been commenced but not concluded
immediately before the commencement of that amendment, and
such proceedings are to be determined in accordance with
Schedule 2 as if it had not been so amended.
Page 27
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