CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999

New South Wales Consolidated Acts

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CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999

- As at 1 July 2008
- 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
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 general manager
53. Penalties general manager 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 general manager 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
79. Regulations

PART 3 - IMPRISONMENT BY WAY OF PERIODIC DETENTION
Note

Division 1 - Preliminary

80. Definitions
81. Obligations of offender
82. Duration of periodic detention order

Division 2 - Administration of periodic detention orders

83. Duty to report to periodic detention centre
84. Participation in activity or work
85. Variation of day, time and place for periodic detention
86. Transfer of unruly offenders
87. Leave of absence for failing to report
88. Leave of absence for reporting late
89. Failure to report or reporting late extends term of sentence
90. Commissioner may grant exemptions from extension of sentence
91. Leave of absence at direction of Commissioner
92. Commissioner may grant exemptions for health reasons or on compassionate grounds
93. Appeal to Parole Authority from Commissioner’s refusal to grant leave of absence
94. Directions

Division 3 - Offences

95. Offences
96. Defences to prosecution for certain offences
97. Penalty notices

Division 4 - Miscellaneous

98. Application of Part 2 to periodic detention
99. Custody of offenders
100. Community committees
101. Regulations

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
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 old 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
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 Probation and Parole Service

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 4 - Parole orders in exceptional circumstances

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

Division 5 - Miscellaneous

160A. Relationship of parole orders to supervision orders under the Crimes (Serious Sex Offenders) Act 2006
161. Regulations

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

Division 1 - Periodic detention orders

162. Conduct of inquiry into suspected breach of obligations
163. Revocation of periodic detention order
164. Effect of revocation order
164A. Parole Authority may reinstate revoked periodic detention order
165. Parole Authority may order home detention
165AA. Release of offender pending assessment for home detention
165A. 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 periodic detention 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
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
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, correctional centres and periodic detention centres

224. Correctional complexes
225. Correctional centres
225A. Juvenile correctional centres
226. Periodic detention centres

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. General managers 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. Functions of periodic detention field officers
235E. Functions of community service field officers
235F. Common work sites
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 and prohibited drugs
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

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
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. Freedom of information
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
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
272. Savings, transitional and other provisions
273. Review of Act
SCHEDULE 1
SCHEDULE 2
Schedule 3 (Repealed)
SCHEDULE 4
SCHEDULE 5

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