New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 3

3 Interpretation

(1) In this Act:
"audio link" means facilities (including telephone) that enable audio communication between persons at different places.
"audio visual link" means facilities (including closed-circuit television) that enable audio and visual communication between persons at different places.
"Chief Executive Officer, Justice Health" means the person for the time being holding office or acting as the chief executive officer of Justice Health under the Health Services Act 1997 .
"Commissioner" means the Commissioner of Corrective Services.
"community service order" means an order in force under section 8 of the Crimes (Sentencing Procedure) Act 1999 or section 79 of the Fines Act 1996 .
"community service work" means any service or activity approved by the Minister, and includes participation in personal development, educational or other programs.
"compliance and monitoring officer" means a member of staff of the Department who is appointed as a compliance and monitoring officer under section 235G.
"compulsory drug treatment detention" means detention in accordance with Part 4A.
"compulsory drug treatment order" means an order in force under section 18C of the Drug Court Act 1998 .
"convicted inmate" means a person referred to in section 4 (1) (a), (b), (c), (c1), (d1) or (d2).
"correctional centre" means:

(a) any premises declared to be a correctional centre by a proclamation in force under section 225, including any juvenile correctional centre or periodic detention centre, and

(b) any police station or court cell complex in which an offender is held in custody in accordance with this or any other Act,

but in Part 2 does not include a periodic detention centre, except to the extent provided by the regulations referred to in section 98.
"correctional complex" means any premises declared to be a correctional complex by virtue of a proclamation in force under section 224.
"correctional officer" means a person who is employed within the Department as a correctional officer, as referred to in section 231.
"court" means:

(a) the Supreme Court, the Court of Criminal Appeal, the Land and Environment Court, the Industrial Relations Commission, the District Court or the Local Court, or

(b) any other court that, or person who, exercises criminal jurisdiction,

but, subject to the Children (Criminal Proceedings) Act 1987 , does not include the Children’s Court or any other court that, or person who, exercises the jurisdiction of the Children’s Court.
"Department" means the Department of Corrective Services.
"detention period" means a period that occurs during the term of an offender’s sentence, being a period that, subject to any order under section 85:

(a) in the case of the first such period:

(i) begins at 8.30 am on the day specified in that regard in the relevant periodic detention order, and

(ii) ends at 4.30 pm on the day following the day so specified, and

(b) in the case of each subsequent such period:

(i) begins each week at 7.00 pm on the day of the week specified in that regard in the relevant periodic detention order, and

(ii) ends at 4.30 pm on the second day following the day so specified,

but does not include any such period that includes the whole or any part of Christmas Day, Good Friday or Easter Sunday.
"drug" means:

(a) a prohibited drug or prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985 , or

(b) any other substance declared by the regulations to be a drug for the purposes of this Act.

"Drug Court" means the Drug Court of New South Wales constituted under the Drug Court Act 1998 .
"exercise" a function includes perform a duty.
"full-time detention" means detention in a correctional centre, but does not include periodic detention.
"function" includes a power, authority or duty.
"general manager" means:

(a) in relation to a correctional centre, the general manager of the correctional centre, or

(b) in relation to a periodic detention centre, the general manager of the correctional centre who is responsible for the periodic detention centre by virtue of a proclamation referred to in section 226 (3),

and includes any person who is for the time being in charge of the correctional centre referred to in paragraph (a) or (b), as the case requires.
"home detention order" means an order in force under section 7 of the Crimes (Sentencing Procedure) Act 1999 or under section 165 of this Act.
"inmate" means a person to whom Part 2 applies.
"interstate leave permit" means a permit referred to in section 29.
"judicially qualified person" means:

(a) any Judge or retired Judge of a New South Wales court or the Federal Court, or

(b) any Magistrate or retired Magistrate, or

(c) any person qualified to be appointed as a Judge of a New South Wales court.

"Justice Health" means the statutory health corporation of that name specified in Schedule 2 to the Health Services Act 1997 .
"juvenile correctional centre" means any correctional centre declared to be a juvenile correctional centre by a proclamation in force under section 225A.
"law enforcement agency" means any of the following:

(a) the Police Service, or the police force of another State or a Territory,

(b) the New South Wales Crime Commission,

(c) the Australian Federal Police,

(d) the Australian Crime Commission,

(e) the Director of Public Prosecutions of New South Wales, of another State or a Territory or of the Commonwealth,

(f) the Police Integrity Commission,

(g) the Independent Commission Against Corruption,

(h) the Department of Juvenile Justice,

(i) a person or body prescribed by the regulations for the purposes of this definition.

"local leave order" means an order referred to in section 25.
"local leave permit" means a permit referred to in section 26.
"managed correctional centre" means a correctional centre that is for the time being managed under a management agreement.
"management agreement" means an agreement referred to in section 238.
"management company" means a corporation with which the Commissioner has entered into a management agreement under which the corporation manages one or more correctional centres.
"medical officer", in relation to a correctional centre, means a medical officer appointed for the correctional centre as referred to in section 236C.
"mobile phone" includes any device that may be used, in whole or in part, for the purpose of sending or receiving voice or other data over a mobile telephone network, whether or not it may be used for any other purpose.
"non-invasive sample" means any of the following samples of human biological material:

(a) a sample of breath, taken by breath test, breath analysis or otherwise,

(b) a sample of urine,

(c) a sample of faeces,

(d) a sample of saliva taken by buccal swab,

(e) a sample of nail,

(f) a sample of hair other than pubic hair,

(g) a sample of sweat taken by swab or washing from any external part of the body other than:

(i) the genital or anal area or the buttocks, or

(ii) the breasts of a female or a transgender person who identifies as a female.

"non-parole period" has the same meaning as it has in the Crimes (Sentencing Procedure) Act 1999 .
"offender", where occurring elsewhere than in Part 3, 4, 4A or 5, means a person who is subject to a sentence of imprisonment, and includes an inmate within the meaning of Part 2 and an offender within the meaning of Part 3, 4 or 4A.
"offender submission" means a submission made to the Review Council or the Parole Authority, for the purposes of this Act, by an inmate of a correctional centre.
"Official Visitor" means an Official Visitor appointed under section 228.
"Parole Authority" means the State Parole Authority constituted by section 183.
"parole eligibility date", in relation to an offender, means:

(a) subject to paragraph (b), the date on which the offender first becomes eligible for release on parole, or

(b) if the offender is returned to custody while on release on parole or following revocation of parole, the date occurring 12 months after the date on which the offender is so returned.

"parole order" means an order in force under:

(a) section 138, 141, 149, 150, 154A, 159 or 160 of this Act, or

(b) section 50 of the Crimes (Sentencing Procedure) Act 1999 .

"periodic detention", in relation to an offender, means:

(a) detention in a periodic detention centre, or

(b) participation in an activity pursuant to an order referred to in section 84 (1) (a), or

(c) the carrying out of community service work pursuant to an order referred to in section 84 (1) (b),

for as many detention periods as there are weeks in the term of the offender’s sentence.
"periodic detention centre" means any correctional centre declared to be a periodic detention centre by a proclamation in force under section 226.
"periodic detention order" means an order in force under section 6 of the Crimes (Sentencing Procedure) Act 1999 or section 89 of the Fines Act 1996 .
"probation and parole officer" means a person who is employed within the Department as a probation and parole officer, as referred to in section 231.
"Probation and Parole Service" means the administrative unit of that name that exists within the Department.
"residential facility" means any premises declared to be a residential facility by a proclamation in force under section 236L.
"Review Council" means the Serious Offenders Review Council constituted by section 195.
"sentence" means a sentence of imprisonment.
"sentencing court", in relation to an offender undergoing a penalty imposed by a court, means the court by which the penalty was imposed.
"serious offender" means:

(a) an offender who is serving a sentence for life, or

(b) an offender who is serving a sentence for which a non-parole period has been set in accordance with Schedule 1 to the Crimes (Sentencing Procedure) Act 1999 , or

(c) an offender who is serving a sentence (or one of a series of sentences of imprisonment) where the term of the sentence (or the combined terms of all of the sentences in the series) is such that the offender will not become eligible for release from custody, including release on parole, until he or she has spent at least 12 years in custody, or

(d) an offender who is for the time being required to be managed as a serious offender in accordance with a decision of the sentencing court, the Parole Authority or the Commissioner, or

(e) an offender who has been convicted of murder and who is subject to a sentence in respect of the conviction, or

(f) an offender who belongs to a class of persons prescribed by the regulations to be serious offenders for the purposes of this definition.

"submanagement agreement" means an agreement referred to in section 239.
"submanagement company" means a corporation with which a management company has entered into a submanagement agreement under which the corporation manages one or more correctional centres on behalf of the management company.
"transitional centre" means premises managed or approved by the Commissioner for the purpose of accommodating certain inmates prior to their release from custody.
"victim" of a serious offender means a person whose name is recorded in the Victims Register as a victim of that offender.
"Victims Register" means the register kept under section 256 of the names of victims of offenders who have requested that they be given notice of the possible parole of the offender concerned.
"victim submission" means a submission made to the Review Council or the Parole Authority, for the purposes of this Act, by a victim of a serious offender.
"Visiting Magistrate" means a Visiting Magistrate appointed under section 227.

(2) In this Act:

(a) a reference to a sentence to which an offender is subject includes a reference to a sentence that has been imposed but is yet to commence, and

(b) a reference to the term of a sentence is, if the term is varied under this or any other Act, a reference to the term as so varied, and

(c) a reference to a non-parole period of a sentence is, if the period is varied under this or any other Act, a reference to the period as so varied, and

(d) a reference to a court that has sentenced an offender, made an order or given a direction includes a reference to the same court differently constituted.

(3) Notes in the text of this Act do not form part of this Act.