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CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999

- As at 1 July 2017
- Act 93 of 1999

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY
   Note

   1.      Name of Act
   2.      Commencement
   2A.     Objects of Act
   3.      Interpretation

   PART 2 - IMPRISONMENT BY WAY OF FULL-TIME DETENTION
   Note

           Division 1 - Preliminary

   4.      Application of Part
   5.      Obligations of inmate
   6.      Work performed by inmates
   7.      Payments to inmates
   7A.     Deductions from remuneration earned by inmates on external work release program
   8.      Release from custody

           Division 2 - Segregated and protective custody

   9.      Definitions
   10.     Segregated custody of inmates
   11.     Protective custody of inmates
   12.     Effect of segregated or protective custody direction
   13.     Form of direction
   14.     Information concerning review of segregated or protective custody direction
   15.     Transfer of inmate held in segregated or protective custody
   16.     Review of segregated or protective custody direction by Commissioner
   17.     Revocation of segregated or protective custody direction
   18.     Report to Minister on segregated or protective custody direction
   19.     Review of segregated or protective custody direction by Review Council
   20.     Suspension directions by Review Council
   21.     Procedure for review of segregated or protective custody direction by Review Council
   22.     Determination of review by Review Council

           Division 3 - Transfer and leave of absence

              Subdivision 1 - Transfer and leave of absence within New South Wales

   23.     Transfers from one correctional centre to another
   24.     Transfers to hospital
   25.     Local leave orders
   26.     Local leave permits
   26A.    Conditions of leave as to non-association and place restriction

              Subdivision 2 - Interstate leave of absence

   27.     Definitions
   28.     Corresponding interstate law
   29.     Issue of interstate leave permit
   30.     Effect of interstate leave permit
   31.     Variation or revocation of interstate leave permit
   32.     Breach of interstate leave permit
   33.     Notice to participating State and transit jurisdiction
   34.     Effect of interstate leave permit issued under corresponding interstate law
   35.     Arrest of escaped interstate prisoners
   36.     Return of escaped interstate prisoners to State of origin
   37.     Liability of Crown for damage caused by inmate or escort

              Subdivision 3 - Miscellaneous

   38.     Absent inmates taken to be in custody
   39.     Powers of arrest
   40.     Certain unlawful absences not to affect length of sentence
   41.     Transfer of inmates to or through ACT

           Division 3A - Juvenile inmates

   41A.    Definitions
   41B.    Custody of section 28 juvenile inmates
   41C.    Transfers to and from juvenile correctional centres
   41D.    Procedure to be followed by Review Council as to transfer of juvenile inmate to adult correctional centre

           Division 4 - Full-time detainees received from Australian Capital Territory

   42.     Definitions
   43.     Application of Division
   44.     Conveyance and detention of full-time detainees from ACT
   45.     Return of full-time detainees to ACT
   46.     Evidentiary provision

           Division 5 - Prisoners received from Norfolk Island

   47.     Definitions
   47A.    Application of Division
   48.     Conveyance and detention of prisoners from Norfolk Island
   49.     Return of prisoners to Norfolk Island
   50.     Evidentiary provision

           Division 6 - Correctional centre discipline

   51.     Definitions
   52.     Hearing of charges by governor
   53.     Penalties governor may impose
   54.     Reference of offences to Visiting Magistrate
   55.     Hearing of charges by Visiting Magistrate
   56.     Penalties Visiting Magistrate may impose
   56A.    Penalty for use or possession of a mobile phone
   57.     Drug tests for inmates
   58.     Certain offences may be dealt with by Local Court
   59.     Compensation for property damage
   60.     Cumulative punishments
   61.     Record of punishments for correctional centre offences
   62.     Appeals against decisions of Visiting Magistrates
   63.     Double jeopardy
   64.     False or misleading statements
   65.     Offences may be dealt with by governor of any correctional centre

           Division 7 - Classification of serious offenders

   66.     Application of Division
   67.     Formulation of Review Council’s initial intention
   68.     Submissions by victims
   69.     Review Council to consider all submissions
   70.     Decision following review
   71.     Submissions by State

           Division 8 - Miscellaneous

   72.     Custody of inmates
   72A.    Medical attention
   73.     Compulsory medical treatment
   74.     Notice to coroner of inmate’s death
   75.     Confiscation of property
   76.     Sale of unclaimed property
   76A.    Inmates’ money
   77.     Attendance of inmates before courts and court officers
   78.     Use of dogs in maintaining good order and security
   78A.    Separation and other variations in conditions of custody of inmates
   78B.    Recording of conversations made over cell call alarm systems
   79.     Regulations

   PART 3 - IMPRISONMENT BY WAY OF INTENSIVE CORRECTION IN THE COMMUNITY
   Note

           Division 1 - Preliminary

   80.     Definition
   81.     Conditions governing intensive correction orders
   82.     Obligations of offender
   83.     Duration of intensive correction order

           Division 2 - Permission for non-compliance with work or reporting requirements

   84.     Definition
   85.     Permission for non-compliance with work, reporting and other requirements
   86.     Direction to make up for work etc avoided
   87.     Review of Commissioner’s decision

           Division 3 - Breach of intensive correction order

   88.     Definition
   89.     Commissioner powers to deal with breach of ICO
   90.     Parole Authority powers to deal with breach
   91.     Interim suspension of ICO

           Division 4 - Miscellaneous

   92.     ICO Management Committee
   93.     Regulations
           94-101. (Repealed)

   PART 4 - IMPRISONMENT BY WAY OF HOME DETENTION
   Note

   102.    Definition
   103.    Conditions governing home detention
   104.    Obligations of offender
   105.    Duration of home detention order
   106.    Regulations

   PART 4A - IMPRISONMENT BY WAY OF COMPULSORY DRUG TREATMENT DETENTION
   Note

           Division 1 - Preliminary

   106A.   Definitions
   106B.   Objects of compulsory drug treatment
   106C.   Obligations of offender
   106D.   Stages of compulsory drug treatment detention
   106E.   Duration of compulsory drug treatment order

           Division 2 - Administration of compulsory drug treatment orders

              Subdivision 1 - Compulsory drug treatment personal plans

   106F.   Compulsory drug treatment personal plans
   106G.   Variation of conditions of personal plan
   106H.   Mandatory conditions of all personal plans
   106I.   Sanctions for non-compliance with personal plan
   106J.   Rewards for compliance with personal plan
   106K.   No appeal from decisions of Drug Court or Commissioner

              Subdivision 2 - Initial allocation and movement between stages of compulsory drug treatment detention

   106L.   New offenders in compulsory drug treatment detention allocated to Stage 1
   106M.   Progression and regression between stages of detention
   106MA.  Director may make regression directions
   106N.   Assessment reports
   106O.   Community supervision orders
   106P.   Commissioner of Corrective Services may make regression and removal orders in special circumstances

           Division 3 - Revocation of compulsory drug treatment order

   106Q.   Revocation of compulsory drug treatment order
   106R.   Effect of revocation order
   106S.   Warrants committing offenders to correctional centres

           Division 4 - Parole for offenders in compulsory drug treatment detention

   106T.   Drug Court is parole authority for offenders in compulsory drug treatment detention

           Division 5 - Miscellaneous

   106U.   Formal assessment by Director
   106V.   Application of Part 2 to Stages 1 and 2 compulsory drug treatment detention
   106W.   Conviction and sentencing of offenders for certain offences while compulsory drug treatment order is in force
   106X.   Arrest warrants
   106Y.   Provision of information relating to offenders
   106Z.   Review of Compulsory Drug Treatment Correctional Centre
   106ZA.  Regulations

   PART 5 - COMMUNITY SERVICE WORK AND OTHER WORK PERFORMED BY OFFENDERS
   Note

           Division 1 - Performance of community service work under community service orders

              Subdivision 1 - Preliminary

   107.    Definitions
   108.    Conditions governing community service work
   109.    Obligations of offender
   110.    Duration of community service order

              Subdivision 2 - Administration of community service orders

   111.    Assignment of officer by Commissioner
   112.    Performance of community service work
   113.    Increase in hours of community service work

              Subdivision 3 - Miscellaneous

   114.    Extension of period of community service order
   115.    Revocation of community service orders
   116.    Summonses and warrants for attendance
   117.    Regulations

           Division 2 - General provisions concerning community service work and other work performed by offenders

   118.    Definitions
   119.    Restrictions on directions regarding work to be performed
   120.    Act or omission of offender performing community service work
   121.    Act or omission of person involved in community service work
   122.    (Repealed)
   123.    Disclosure of material facts about health
   124.    Settlement of claims

   PART 6 - PAROLE
   Note

           Division 1 - Release on parole

   125.    Application of Part
   126.    Eligibility for release on parole
   127.    Parole order necessary for release
   128.    Conditions of parole generally
   128A.   Conditions of parole as to non-association and place restriction
   128B.   Conditions of parole as to lifetime supervision
   128C.   Condition of parole order in exceptional circumstances as to supervision
   129.    Obligations of offender
   130.    Revocation of parole order before release
   131.    Release under parole order
   131A.   (Repealed)
   132.    Sentence continues to run while offender on parole
   133.    Parole order not invalidated by failure to comply with procedural requirements

           Division 2 - Parole orders for sentences of more than 3 years

              Subdivision 1 - General

   134.    Application of Division
   135.    General duty of Parole Authority
   135A.   Preparation of reports by Community Corrections

              Subdivision 2 - Offenders other than serious offenders

   136.    Application of Subdivision
   137.    Consideration of parole when offender first eligible for parole
   137A.   Consideration of parole in subsequent years
   137B.   Consideration of parole so as to avoid manifest injustice
   137C.   Parole Authority may examine offender
   138.    Release of offender on parole
   139.    Notice to offender of decision to refuse parole
   140.    Conduct of hearing
   141.    Decision following review
   141A.   Submissions by Commissioner

              Subdivision 3 - Serious offenders

   142.    Application of Subdivision
   143.    Consideration of parole when serious offender first eligible for parole
   143A.   Consideration of parole in subsequent years
   143B.   Consideration of parole so as to avoid manifest injustice
   143C.   Parole Authority may examine serious offender
   144.    Formulation of Parole Authority’s initial intention
   145.    Notice to victims of intention to grant parole
   146.    Notice to serious offender of intention to refuse parole
   147.    Conduct of hearing
   148.    Principles on which Parole Authority’s final decision to be made
   149.    Decision following review
   150.    Decision where no review
   151.    Release of serious offender on parole
   152.    Reasons to be provided for rejection of Review Council’s advice
   153.    Submissions by State
   154.    Matters to be considered concerning certain serious offenders
   154A.   Serious offenders the subject of non-release recommendations

              Subdivision 4 - Applications to Supreme Court

   155.    Application to Supreme Court by offender
   156.    Application to Supreme Court by State
   157.    Appearance in person of offender

           Division 3 - Parole orders for sentences of 3 years or less

   158.    Effect of parole orders made by court
   159.    Making of parole orders by Parole Authority

           Division 3A - Parole orders for terrorism related offenders

   159A.   Definitions
   159B.   Offenders to whom Division applies
   159C.   Limitation on release on parole of terrorism related offenders
   159D.   General provisions relating to terrorism related offenders

           Division 4 - Parole orders in exceptional circumstances

   160.    Parole orders in exceptional circumstances
   160AA.  Submissions by Commissioner

           Division 4A - Parole orders for prisoners received from Norfolk Island

   160AB.  Definitions
   160AC.  Parole orders for prisoners from Norfolk Island

           Division 5 - Miscellaneous

   160A.   Relationship of parole orders to high risk offender orders
   161.    Regulations

   PART 7 - REVOCATION AND REINSTATEMENT BY PAROLE AUTHORITY OF CERTAIN ORDERS
   Note

           Division 1 - Intensive correction orders

   162.    Conduct of inquiry into suspected breach of obligations
   163.    Revocation of intensive correction order
   164.    Effect of revocation order
   164A.   (Repealed)
   165.    Parole Authority may reinstate revoked intensive correction order
   165AA.  (Repealed)
   165A.   Parole Authority may order home detention
   165B.   Release of offender pending assessment for home detention
   165C.   Conditions of home detention as to non-association and place restriction

           Division 2 - Home detention orders

   166.    Conduct of inquiry into suspected breach of obligations
   167.    Revocation of home detention order
   168.    Effect of revocation order
   168A.   Parole Authority may reinstate revoked home detention order or prior revoked intensive correction order

           Division 3 - Parole orders

   169.    Conduct of inquiry into suspected breach of obligations or medical recovery
   170.    Revocation of parole order
   171.    Effect of revocation order
   172.    Request by State to revoke parole order
   172A.   Interim suspension of parole order

           Division 4 - Post-revocation procedures and rights of appeal

   173.    Notice of revocation
   174.    Review of revocation
   175.    Decision after review
   175A.   Review not available in certain circumstances

           Division 5 - Applications to Supreme Court

   176.    Application to Supreme Court by offender
   177.    Application to Supreme Court by State
   178.    Appearance in person of offender

           Division 6 - Miscellaneous

   179.    Consequential revocation of other orders
   179A.   Revocation of first of consecutive home detention orders-Parole Authority to seek new assessment
   179B.   Revocation of consecutive intensive correction orders
   180.    Offenders to attend Parole Authority when called on
   181.    Warrants committing offenders to correctional centres
   182.    Functions may be exercised after order has expired

   PART 8 - THE PAROLE AUTHORITY
   Note

           Division 1 - Constitution and functions

   183.    Constitution of Parole Authority
   184.    Divisions of Parole Authority
   185.    Functions of Parole Authority
   185A.   Establishment of guidelines

           Division 2 - Inquiries

   186.    Power to require attendance of witnesses and production of documents
   187.    Examination by judicial member
   188.    Offences
   189.    Misconduct before Parole Authority
   190.    Rights of parties making submissions
   191.    Witnesses’ expenses

           Division 3 - Miscellaneous

   192.    Report to Minister
   192A.   Minister to table report
   193.    Information concerning offenders and correctional centres
   193A.   Access to documents held by Parole Authority
   193B.   Recommendations to Commissioner
   193C.   Parole Authority decisions
   194.    Security of certain information

   PART 9 - THE SERIOUS OFFENDERS REVIEW COUNCIL
   Note

           Division 1 - Constitution and functions

   195.    Constitution of Review Council
   196.    Divisions of Review Council
   197.    Functions of Review Council
   197A.   Review Council constituted by Chairperson alone in certain circumstances
   198.    Matters to be considered in relation to certain advisory functions
   199.    Matters to be considered in relation to offenders serving existing life sentences

           Division 2 - Inquiries

   200.    Power to require attendance of witnesses and production of documents
   201.    Examination by judicial member
   202.    Offences
   203.    Misconduct before Review Council
   204.    Rights of parties making submissions
   205.    Witnesses’ expenses

           Division 3 - Serious Offenders Management Committee

   206.    Establishment of Management Committee
   207.    Establishment of Management Committee subcommittees
   208.    Delegation to Management Committee of Review Council functions

           Division 4 - Miscellaneous

   209.    Annual reports
   209A.   Security of certain information

   PART 10 - (Repealed)
   None

   PART 11 - ADMINISTRATION
   Note

           Division 1 - Correctional complexes and correctional centres

   224.    Correctional complexes
   225.    Correctional centres
   225A.   Juvenile correctional centres
   226.    (Repealed)

           Division 2 - Supervision of correctional centres

   227.    Visiting Magistrates
   228.    Official Visitors
   229.    Powers of Judges and Magistrates to visit and examine
   230.    Special inquiries

           Division 3 - Staff

   231.    Staff generally
   232.    Commissioner
   233.    Governors of correctional centres
   234.    Commissioned and non-commissioned correctional officers
   235.    Functions of correctional officers
   235A.   Acquisition or use of assumed identity
   235B.   Commissioner’s instructions
   235C.   Transitional centre officers
   235D.   (Repealed)
   235E.   Functions of community corrections field officers
   235F.   (Repealed)
   235G.   Functions of Departmental compliance and monitoring officers
   236.    Oath to be taken by correctional officers

           Division 4 - Health

   236A.   Functions of Justice Health
   236B.   CEO, Justice Health, to have access to correctional centres, offenders and medical records
   236C.   Appointment of medical officers
   236D.   Delegation of functions of CEO, Justice Health

           Division 5 - Testing of correctional staff for alcohol and prohibited drugs

   236E.   Definitions
   236F.   Testing of staff for alcohol, prohibited drugs and steroids
   236G.   Testing where member of correctional staff attends hospital
   236H.   Protection from liability
   236I.   Regulations

           Division 6 - Recognised interstate correctional officers

   236J.   Appointment of recognised interstate correctional officers
   236K.   Recognised interstate correctional officer to have correctional officer functions

           Division 7 - Residential facilities

   236L.   Residential facilities
   236M.   Accommodation of offenders in residential facilities
   236N.   Managers of residential facilities
   236O.   Residential facility officers

   PART 12 - ENGAGEMENT OF CONTRACTORS
   Note

   237.    Purpose for which contractors may be engaged
   238.    Management agreements
   239.    Submanagement agreements
   240.    Authorisation of correctional centre staff
   241.    Status of staff at correctional centre managed under agreement
   241A.   Testing of correctional centre staff for alcohol and prohibited drugs
   242.    Monitoring
   243.    Community advisory councils
   244.    CEO, Justice Health, to have access to correctional centres, offenders and medical records
   245.    Investigation of corruption
   246.    Administrative complaints
   247.    Application of Government Information (Public Access) Act 2009
   248.    Minimum standards

   PART 13 - CUSTODY OF PERSONS DURING PROCEEDINGS
   Note

   249.    Definitions
   250.    Transport and detention of persons in custody
   251.    Designated officer
   252.    Places where persons in custody may be kept during transfer
   252A.   Correctional officers may provide assistance
   253.    Part subject to Children (Detention Centres) Act 1987

   PART 14 - GENERAL
   Note

   254.    Extension of sentence following unlawful absence from custody
   255.    Effect of extension of sentence
   255A.   Approvals for the purposes of the Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth
   256.    Victims Register
   257.    Disclosure of information
   257A.   Exchange of certain information
   258.    Supreme Court to review list of persons on remand who are in custody
   259.    Service of notices
   260.    Evidentiary certificates
   261.    Address of warrant
   262.    Effect of certain warrants
   263.    Exclusion of personal liability
   264.    Wearing or possession of correctional officer uniform by others
   265.    Impersonating correctional officer
   266.    Proceedings for offences
   267.    Research
   268.    Funds payable to certain organisations
   269.    Sheriff’s functions preserved
   270.    Prerogative of mercy preserved
   271.    Regulations
   271A.   Regulations relating to high risk violent offenders under the Crimes (High Risk Offenders) Act 2006
   272.    Savings, transitional and other provisions
   273.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5


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