CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 79
Regulations
CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 79
Regulations
79 Regulations
(1) The regulations may make provision for or with respect to
the following matters--
(a) the management, control, administration,
supervision and inspection of correctional centres and correctional complexes,
(b) the procedure to be followed when admitting an inmate into a correctional
centre, including the procedure for accepting or refusing custody of property
in an inmate's possession when the inmate is admitted,
(b1) the preparation
and implementation of plans of management in respect of inmates, and the
provision of services and programs in respect of inmates,
(c) the classification of inmates into different categories and
the separation of inmates by reference to the categories into which they have
been classified,
(c1) the designation of inmates for the purposes of or in
connection with the management of security and other risks,
(d) the procedure
to be followed when releasing an inmate from a correctional centre, including
the procedure for returning property accepted from an inmate when the inmate
was admitted into the correctional centre,
(e) the physical, psychological
and spiritual welfare of inmates while in custody and following their release,
(f) the kind of work that a convicted inmate may be directed to carry out
under section 6 and the circumstances in which such a direction may be given,
(g) the expenditure of money (or money's worth) by inmates,
(h) the
circumstances in which an inmate may lawfully acquire or retain possession of
property (including money) within a correctional centre,
(h1) the forfeiture
and disposal of an inmate's abandoned or unclaimed property (including money),
or of unhygienic or otherwise dangerous property (including money) received
from, or sent to, an inmate,
(h2) the seizure, forfeiture and destruction or
other disposal of any property (including money)--
(i) brought into a
correctional centre or correctional complex by any person in contravention of
this Act, the regulations or any other law, or
(ii) found within, sent to or
delivered to a correctional centre or correctional complex and that it is
unlawful for an inmate to acquire or retain possession of under this Act, the
regulations or any other law,
(h3) the seizure, forfeiture and destruction or
other disposal of any drug, or any thing reasonably suspected of being a
drug--
(i) in the possession of an inmate, or
(ii) in the possession of any
other person in a correctional centre or correctional complex, or
(iii) found
within a correctional centre or correctional complex, or
(iv) sent to or
delivered to a correctional centre or correctional complex,
(i) visits to
inmates, including--
(i) the days and times that visits may be allowed, and
(ii) the maximum number of persons who may visit an inmate at the same time,
and
(iii) the classes of persons who may be prohibited from visiting inmates,
and
(iv) the conditions that must be observed by persons intending to visit
an inmate before such a visit will be allowed, and
(v) the procedures to be
observed by visitors and inmates during visits, and
(vi) without limiting
subparagraphs (iv) and (v), the identification of visitors (including the
removal of face coverings within the meaning of the
Law Enforcement (Powers and Responsibilities) Act 2002 for that purpose),
(j) the making and receiving of telephone calls by inmates,
(k) the sending
and receiving of letters and parcels by inmates, including the circumstances
in which letters and parcels may be opened for inspection or confiscated,
(l)
the procedures to be followed by an inmate when applying for a local leave
permit or interstate leave permit, and the circumstances under which such a
permit may be issued,
(m) the procedures to be followed by an inmate, and the
facilities to be provided to an inmate, for the purpose of enabling the inmate
to make a complaint to the governor of the correctional centre or to any other
person or body,
(n) the observance by inmates of religious rites and
obligations,
(o) the acquisition by inmates of education and vocational
training,
(p) the provision to inmates of medical, surgical and dental
treatment,
(q) the distribution of condoms to inmates,
(r) the circumstances
in which a body search may be conducted on an inmate, the procedures to be
followed in conducting a body search and the persons by whom, or in whose
presence, a body search is to be conducted,
(s) the circumstances in which a
correctional officer may use force against an inmate, and the keeping of
records of the occasions on which force is so used,
(t) the circumstances in
which a correctional officer may use firearms, and the keeping of records of
the occasions on which firearms are so used,
(u) the equipment that may be
used to restrain an inmate, and the circumstances in which, and the maximum
periods for which, an inmate may be restrained by means of such equipment,
(v) the circumstances in which an inmate may be tested for drugs or alcohol,
the use of a non-invasive sample provided by, or taken from, an inmate for the
purposes of a test for drugs or alcohol and the nature of the tests to be
used,
(v1) analyses in connection with any such tests and the admission of
certificates relating to the results of any such analyses as prima facie
evidence in any proceedings for a correctional centre offence (within the
meaning of section 51) being dealt with under this Act by a governor or
Visiting Magistrate,
(x) the appointment of medical officers for correctional
centres,
(x1) the appointment of ministers of religion and other spiritual
advisors for correctional centres,
(y) the functions of correctional officers
and other staff employed within a correctional centre or correctional complex,
(z) the form of any warrants issued for the purposes of this Part.
(2)
Without limiting subsection (1), the regulations may make provision for or
with respect to the treatment, accommodation and detention of Commonwealth
post sentence terrorism inmates and NSW post sentence inmates.
