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CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014

- Made under the Crimes (Administration of Sentences) Act 1999 - As at 28 July 2023 - Reg 550 of 2014

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Name of Regulation
  • 2 Commencement
  • 3 Interpretation

PART 2 - ADMISSION PROCEDURES FOR CORRECTIONAL CENTRES

Division 1 - Recording and providing information

  • 4 Information to be recorded in relation to inmates
  • 5 Inmates to be notified of rights and obligations
  • 6 Information for inmates who are nationals of other countries

Division 2 - Surrender of, and dealing with, property

  • 7 Surrender of property by inmates
  • 8 Delivery of property by police and other persons
  • 9 Dealing with property surrendered on reception
  • 10 Property records

PART 3 - CLASSIFICATION, PLACEMENT AND CASE MANAGEMENT OF INMATES

Division 1 - Classification and designation of inmates

  • 11 Classification of inmates
  • 12 Classification of male inmates
  • 13 Classification of female inmates
  • 14 Escape-risk classifications
  • 14A Life imprisonment classification
  • 15 Designation of high security, extreme high security, extreme high risk restricted and national security interest inmates
  • 16 Management of high security, extreme high security, extreme high risk restricted and national security interest inmates
  • 17 Variation of classification and designation of certain inmates
  • 18 High security classification of inmates for purposes of interstate leave permits
  • 19 Information to be considered for classification purposes

Division 2 - Placement of inmates

  • 20 Placement of inmates
  • 21 Governor's report about inmates' placement
  • 22 Consideration of certain reports by Review Council
  • 23 Decision by Commissioner about inmate's placement

Division 3 - Case plans for convicted inmates

  • 24 Case plans to be prepared for all convicted inmates
  • 25 Contents of case plan
  • 26 Departmental officers to prepare recommendations
  • 27 Consideration of recommendations by departmental officers
  • 28 Consideration of certain case plans by Review Council
  • 29 Adoption of case plan by Commissioner
  • 30 Linguistic and cultural factors to be considered
  • 31 Case plans for high risk offenders

Division 4 - Miscellaneous

  • 32 Inmate may request review of placement, classification and case plan

PART 4 - CORRECTIONAL CENTRE ROUTINE

Division 1 - Separation and accommodation

  • 33 Separation of different classes of inmates
  • 34 Separation of sexes
  • 35 Separation for health reasons
  • 36 Accommodation

Division 2 - Hours of work and general correctional centre routine

  • 37 Hours of work and general routine
  • 38 Restriction on work that civil inmates and unconvicted inmates may be required to perform
  • 39 Inmates to comply with correctional centre routine
  • 40 Inmates not to enter other cells
  • 41 Calls to muster
  • 42 Misuse of bells, hooters, sirens and whistles
  • 43 Avoidance of correctional centre routine
  • 44 Delivery of articles to and from inmates
  • 45 Creation or possession of prohibited goods
  • 46 Searching of inmates and cells
  • 47 Property to be kept tidy and orderly
  • 48 Books and other material
  • 49 Transfer of property

Division 3 - Food

  • 50 Diet
  • 51 Complaints about correctional centre food
  • 52 Purchase of food by inmates

Division 4 - Health and cleanliness

  • 53 Daily exercise
  • 54 Dental and optical treatment and artificial medical appliances
  • 55 Destruction of unhygienic property
  • 56 Personal cleanliness
  • 57 Wearing of correctional centre clothing
  • 58 Cleanliness of cells and their contents
  • 59 Condoms and dental dams

Division 5 - Inmate services and programs

  • 60 Inmate services and programs
  • 61 Behaviour of inmates participating in services and programs
  • 62 High risk offenders

Division 6 - Spiritual and pastoral care

  • 63 Accreditation of chaplains
  • 64 Privileges of accredited chaplains
  • 65 Responsibilities of accredited chaplains
  • 66 Powers of accredited chaplains
  • 67 Access to inmates
  • 68 Participation of inmates in religious observances
  • 69 Use of chapels
  • 70 Accredited chaplains may advise committees
  • 71 Accredited chaplaincy services generally
  • 72 Exclusion of ministers of religion on grounds of security
  • 73 Inmates' religious affiliation

PART 5 - VISITS AND COMMUNICATIONS

Division 1 - Visits to inmates

  • 74 Visits generally
  • 75 Visiting hours
  • 76 Number of visits
  • 77 Maximum number of visitors
  • 78 Visits by Commissioner and other officials
  • 79 Inmates may refuse visits
  • 80 Inmates confined to cell not entitled to visits
  • 81 Record of visits

Division 2 - Special visits: legal business, foreign nationals, Aboriginal persons

  • 82 Visits to transact legal business
  • 83 Visits to foreign nationals
  • 84 Visits to Aboriginal persons
  • 85 Prior appointment necessary
  • 86 Time, duration and number of visits

Division 3 - Permits to visit correctional centres

  • 87 Permit for visits
  • 88 Cancellation of permits
  • 89 Return of expired or cancelled permits
  • 90 Preliminary requirements for visits
  • 91 Restrictions on holders of visitors' permits

Division 4 - Control of visits to correctional centres and inmates

  • 92 Application of Division
  • 93 Requirements for visitors
  • 94 Approval of visitors to extreme high risk restricted inmates and national security interest inmates
  • 95. (Repealed)
  • 96 Hindering or obstructing dogs
  • 97. (Repealed)
  • 98 Unauthorised use of cameras or recording equipment
  • 99 Delivery of articles to and from visitors
  • 100 Prevention of physical contact with inmates
  • 101 Visits to extreme high risk restricted inmates to be conducted in English or approved language
  • 102 Visits to be within sight of correctional officer
  • 103 Special arrangements for legal documents
  • 104 Termination of visits

Division 5 - General restrictions on persons who may visit

  • 105 Application of Division
  • 106 General power to prevent visits
  • 107 Visitors under the influence of alcohol or drugs
  • 108 Commissioner may bar persons from visiting correctional centres
  • 108A Commissioner may bar restricted associates from visiting correctional centre
  • 109 Unauthorised persons not to be admitted to correctional centres

Division 6 - Written communications with inmates

  • 110 Correspondence generally
  • 111 Certain articles prohibited
  • 112 Opening of letters and parcels generally
  • 112A Commissioner may prevent correspondence with restricted associates
  • 113 Certain correspondence privileged
  • 114 Certain correspondence not to be sent to exempt bodies and exempt persons
  • 115 Correspondence with Category AA male inmates, Category 5 female inmates, extreme high risk restricted inmates and national security interest inmates
  • 116 Additional requirements for correspondence from extreme high risk restricted inmates and national security interest inmates
  • 117 Register of correspondence with Category AA male inmates, Category 5 female inmates, extreme high risk restricted inmates and national security interest inmates
  • 118 Correspondence with legal practitioners

Division 7 - Use of telephones and fax machines by inmates

  • 119 Permission required to make telephone calls or send faxes
  • 119A Commissioner may prevent communication with restricted associates
  • 119B Monitoring or recording telephone calls
  • 120 Cost of telephone calls and faxes
  • 121 Possession of cameras, video or audio recorders
  • 122 Use or possession of mobile phones

Division 7A - Use of devices by inmates--the Act, s 79

Subdivision 1 - Preliminary
  • 122A Definitions
  • 122B Approval of inmates to use provided devices
  • Subdivision 2 - AVL visits
  • 122C AVL visits permitted by Commissioner
  • 122D Approval of visitors to extreme high risk restricted inmates and national security interest inmates
  • 122E Procedure for AVL visits
  • 122F Termination of AVL visits
  • 122G AVL visits to extreme high risk restricted inmates
  • 122H Records about AVL visits
  • Subdivision 3 - Other regulated activities
  • 122I Sending and receiving messages using provided device
  • 122J Arrangements for use of devices in relation to legal documents
  • Subdivision 4 - Compliance
  • 122K Search of provided device
  • 122L Misuse of provided device
  • Subdivision 5 - Miscellaneous
  • 122M Purchase of access to device for certain purposes

Division 8 - General

  • 123 Supply of information concerning offences to police
  • 124 Property brought to correctional centre by other persons
  • 125 Extreme high risk restricted inmates not to receive money
  • 126 Property brought into correctional centre illegally

PART 6 - CORRECTIONAL CENTRE DISCIPLINE

Division 1 - Declaration of correctional centre offences

  • 127 Contraventions of particular provisions, orders or directions
  • 128 Attempts

Division 2 - Maintenance of order and discipline

  • 129 Maintenance of order and discipline generally
  • 130 Directions relating to order or discipline
  • 131 Use of force in dealing with inmates
  • 132 Use of equipment for restraining inmates
  • 133 Report on use of force

Division 3 - Particular offences

  • 134 Contravention of conditions of leave
  • 135 Concealment for escape
  • 136 Concealment of certain items
  • 137 Possession of offensive weapon or instrument
  • 138 Intimidation
  • 139 Indecency
  • 140 Riots
  • 141 Physical aggression
  • 142 General property offences
  • 143 Hindering or obstructing dogs
  • 144 Causing harm to animals
  • 145 Correctional centre property offences
  • 146 Tattooing
  • 147 Gambling
  • 148 Alcohol
  • 149 Possession of drugs
  • 150 Administration of drugs
  • 151 Possession of drug implements
  • 152 Self-intoxication
  • 153 Failing prescribed drug test
  • 154. (Repealed)
  • 155 Bribery
  • 156 Obstruction

Division 4 - Testing for alcohol or drugs

  • 157 Breath testing whether or not alcohol or intoxicating substance use suspected
  • 158 Evidence as to presence of alcohol or intoxicating substance
  • 159 Drug test sample if drug use suspected
  • 160 Drug test sample whether or not drug use suspected
  • 161 Evidence as to use of drugs
  • 162 Supply of test results to Justice Health and Forensic Mental Health Network

Division 5 - Punishments

  • 163 Definition of "withdrawable privilege"
  • 164 Prohibited punishments

PART 7 - INMATES' REQUESTS AND COMPLAINTS

Division 1 - Official Visitors

  • 165 Notice of availability of Official Visitors
  • 166 Complaints and inquiries
  • 167 Reports by Official Visitors

Division 2 - General

  • 168 Requests to governor
  • 169 Requests to Minister, Commissioner or Official Visitors
  • 170 Complaints to Minister or Commissioner
  • 171 Mischievous complaints

PART 8 - RELEASE PROCEDURES FOR CORRECTIONAL CENTRES

  • 172 Inmates to check personal property and records
  • 173 Pre-release interviews

PART 9 - MISCELLANEOUS PROVISIONS RELATING TO FULL-TIME IMPRISONMENT

  • 174 Preservation of scenes of serious indictable offences and serious incidents
  • 175 Payment for work done by inmates
  • 176 Prohibited work
  • 177 Purchasing and renting goods
  • 178 Governor as informant in proceedings before Visiting Magistrates
  • 179 Monthly returns of punishments imposed by governors or Visiting Magistrates
  • 180 Lodging of appeals to District Court from decision of Visiting Magistrate
  • 181 Applications for leave of absence
  • 182 Establishment of Ethics Committee
  • 183 Functions of Ethics Committee
  • 184 False or misleading information

PART 10 - CONDITIONS OF COMMUNITY-BASED ORDERS

Division 1 - Preliminary

  • 185 Interpretation

Division 2 - Obligations of offenders under conditions of community-based orders

  • 186 Obligations under condition not to commit offence (ICO, CCO or CRO)
  • 187 Obligations under supervision condition (ICO)
  • 188 Obligations under supervision condition (CCO or CRO)
  • 189 Obligations under home detention condition (ICO)
  • 189A Obligations under electronic monitoring condition (ICO)
  • 189B Obligations under curfew condition (ICO or CCO)
  • 189C Obligations under community service work condition (ICO or CCO)
  • 189D Obligations under rehabilitation or treatment condition (ICO, CCO or CRO)
  • 189E Obligations under abstention condition (ICO, CCO or CRO)
  • 189F Obligations under non-association condition (ICO, CCO or CRO)
  • 189G Obligations under place restriction condition (ICO, CCO or CRO)
  • 189H Obligations under condition to appear before court (CCO or CRO)

Division 3 - Suspension of certain conditions

  • 189I Suspension of supervision conditions

PART 11 - REINSTATEMENT REPORTS FOR PAROLE AUTHORITY

  • 190 Requirement for reinstatement report
  • 191-193. (Repealed)

PART 12 - COMPULSORY DRUG TREATMENT DETENTION

  • 194 Regulations relating to parole of offenders serving sentences by way of compulsory drug treatment detention
  • 195 Application of Part 2 of the Act to Stages 1 and 2 compulsory drug treatment detention
  • 196 Provision of information relating to offenders
  • 197 Periodic drug testing
  • 198 Random drug testing
  • 199 Evidence as to use of drugs
  • 200 Conditions that may be imposed as part of community supervision orders for Stage 2 and Stage 3 offenders

PART 13 - COMMUNITY SERVICE WORK

Note
  • 201 Definitions
  • 202 Hours of work
  • 203 Tea breaks and meal breaks
  • 204 Computation of hours
  • 205 Alcohol and drugs--directions for testing and leaving work site
  • 206 Exemption of offenders from certain directions on grounds of incapacity
  • 207 Transport arrangements
  • 208 Community corrections field officer to report to community corrections officer
  • 209-213. (Repealed)

PART 14 - PAROLE

  • 214 Standard conditions applying to parole
  • 214A Supervision conditions
  • 215 Consultation required before conditions as to residence or treatment imposed on parole
  • 216 Parole orders
  • 217 Parole orders to be explained to offenders
  • 218 Suspension of supervision conditions
  • 219, 220. (Repealed)
  • 221 Commissioner to review supervision obligations for offenders serving existing life sentences
  • 222 Revocation of parole orders before release
  • 222A Preparation of reports by community corrections officer
  • 223 Circumstances constituting manifest injustice
  • 224 Notice of initial intention to refuse release on parole
  • 225 Decision on review of parole refusal
  • 226 Submissions by Commissioner
  • 227 Notices to victims
  • 228 Submissions by the State
  • 229 Instrument requiring attendance
  • 230 Records of proceedings
  • 231 Preparation and adoption of case plans
  • 232 Norfolk Island parole orders

PART 14A - RE-INTEGRATION HOME DETENTION ORDERS

  • 232A Assessment of suitability for re-integration home detention
  • 232B Standard conditions applying to re-integration home detention orders
  • 232C Standard supervision condition
  • 232D Review of suitability for parole

PART 15 - REVOCATION BY PAROLE AUTHORITY OF CERTAIN ORDERS

233, 234. (Repealed)
  • 235 Revocation of order and review of revocation
  • 236 Decision on review of revocation
  • 237 Notice of revocation of order
  • 238 Inquiry into suspected breach of order
  • 239 Arrest warrants
  • 240 Warrants of commitment

PART 16 - CORRECTIONAL OFFICERS AND DEPARTMENTAL OFFICERS

  • 241 Oath or affirmation of office
  • 242 Compliance with Commissioner's instructions and governor's directions
  • 243 Declaration about associations with inmates
  • 244 Suspected offences by inmates
  • 245 Uniforms
  • 246 Keys and access cards
  • 247. (Repealed)
  • 248 Visitors
  • 249 Insulting or abusive language
  • 250. (Repealed)
  • 251 Honesty
  • 252 Vigilance
  • 253 Reporting of misconduct by correctional officers
  • 254 Certain contraventions to be dealt with as misconduct
  • 255 Confidentiality of records

PART 17 - CONDUCT OF MEMBERS OF CORRECTIONAL STAFF REGARDING ALCOHOL AND DRUGS

Division 1 - Preliminary

  • 256 Interpretation
  • 257 Appointment of authorised persons
  • 258 Hospitals

Division 2 - Obligations of members of correctional staff

  • 259 Correctional staff's breath or blood must not have prescribed concentration of alcohol
  • 260 Correctional staff must not have prohibited drug present in biological material

Division 3 - Testing of members of correctional staff

  • 261 Testing correctional staff
  • 262 General rules for the provision or taking of certain samples
  • 263 Breath testing and breath analysis of members of correctional staff
  • 264 Restrictions on requiring breath test, breath analysis or non-invasive sample
  • 265 Action to be taken with respect to blood samples
  • 266 Action to be taken with respect to non-invasive samples
  • 267 Analysis of samples

Division 4 - Evidence

  • 268 Certificate evidence of concentration of alcohol in breath or blood determined by breath test or breath analysis
  • 269 Certificate evidence of concentration of alcohol in blood otherwise than in relation to a breath test or breath analysis
  • 270 Certificate evidence of presence of a prohibited drug
  • 271 Certificate evidence of appointment of authorised person

Division 5 - Consequences

  • 272 Refusing to comply with a requirement under Division 5 of Part 11 of the Act
  • 273 Immediate action: staff member relieved from duty
  • 274 Consequences for staff members having prescribed concentration of alcohol in breath or blood
  • 275 Consequences for staff members testing positive at least twice in 3 years
  • 276 Consequences for staff members testing positive for prohibited drugs
  • 277 Consequences for staff members testing positive for a prohibited drug more than once in 3 years
  • 278 Staff members on probation
  • 279 Temporary or casual staff members
  • 280 Double jeopardy
  • 281 Disciplinary action

Division 6 - Offences

  • 282 Interfering with results of test
  • 283 Interfering or tampering with, or destroying, samples

PART 18 - JUSTICE HEALTH AND FORENSIC MENTAL HEALTH NETWORK MATTERS

PART 19 - USE OF FIREARMS

  • 292 Authority to carry firearms
  • 293 Armed posts
  • 294 Issue of firearms to correctional officers not at armed posts
  • 295 Officers handling firearms to undergo training courses
  • 296 Safety procedures on issue or receipt of firearms
  • 297 Safety procedures on return of firearms
  • 298 Duties of correctional officers generally
  • 299 Maintenance of safe distances
  • 300 Transfer of firearms
  • 301 Use of armed posts
  • 302 Discharge of firearms
  • 303 Authority to discharge firearms
  • 304 Warnings
  • 305 Notice of discharge
  • 306 Use of correctional centre armouries for storage of private firearms

PART 20 - BRAVERY AND MERITORIOUS SERVICE AWARDS

  • 307 Awards
  • 308 Cancellation of awards
  • 309 Register of awards
  • 310 Wearing of awards

PART 21 - THE REVIEW COUNCIL

  • 311 Additional functions of Review Council
  • 312 Matters to be considered concerning certain serious offenders
  • 313 Functions of Review Council with respect to extreme high risk restricted inmates
  • 314 Records of proceedings

PART 22 - GENERAL PROVISIONS

  • 315 Correctional centre records
  • 316 Order of ranking of correctional and other officers
  • 317 Attendance of inmates before courts and court officers
  • 318 Commissioner may exercise other functions
  • 319 Powers of correctional officers
  • 319A Search observation staff members
  • 319B Powers of correctional officers--restraint of visitors
  • 320 Operation of biometric identification system in correctional centres
  • 321 Privacy and security safeguards
  • 322 Smoking and possession of smoking-related items in correctional centres and residential facilities
  • 322A Unlawful possession of remotely piloted aircraft
  • 322B Unlawful possession and operation of remotely piloted aircraft within prohibited airspace
  • 322C Remotely piloted aircraft--detention premises
  • 323 Victims Register
  • 324 Notice to victims about proposed change in security classification
  • 325 Submissions by Commissioner
  • 326 Authority to disclose certain information
  • 327 Authority to exchange certain information
  • 328 Appointment of community corrections field officers
  • 329 Procedure for breaches of community correction orders or conditional release orders--sections 107C and 108C of the Act

PART 23 - SPECIAL PROVISIONS FOR COVID-19 PANDEMIC

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