New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 19

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 general manager of a correctional centre.