New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 40

40 Certain unlawful absences not to affect length of sentence

(1) This section applies to an inmate who is unlawfully absent from a correctional centre during the term of a sentence:

(a) otherwise than by reason of having escaped from lawful custody, and

(b) otherwise than by reason of having failed to return to a correctional centre at the expiry of the period specified in a local leave permit, interstate leave permit or approval granted under section 255A, and

(c) otherwise than by reason of having failed to return to a correctional centre following the revocation of a periodic detention order, home detention order or parole order,

and so applies whether or not the inmate is taken, while absent, to be in the custody of the general manager of the correctional centre.

(2) For the purpose only of calculating how much of the sentence the inmate has served, the inmate is taken to have been in lawful custody for the whole of that absence.