New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
- Made under the Crimes (Administration of Sentences) Act 1999
- As at 1 September 2008
- Reg 666 of 2001
TABLE OF PROVISIONS
CHAPTER 1 - PRELIMINARY
1. Name of Regulation
2. Commencement
3. Definitions
4. Notes
CHAPTER 2 - FULL-TIME IMPRISONMENT
PART 1 - ADMISSION PROCEDURES
Division 1 - Recording and provision of information
5. Information to be recorded in relation to inmates
6. Inmates to be notified of rights and obligations
7. Information for inmates who are nationals of other countries
Division 2 - Surrender of property
8. Surrender of property by inmate
9. Delivery of property by police and other persons
10. How property surrendered on reception to be dealt with
11. Property records
PART 2 - CASE MANAGEMENT AND CLASSIFICATION
Division 1 - Case management
12. Case plans to be prepared for all inmates
13. Contents of case plan
14. Departmental officers to prepare recommendations
15. Consideration of recommendations by Departmental officers
16. Consideration of certain case plans by Review Council
17. Adoption of case plan by Commissioner
18. General manager’s report as to inmate’s placement
19. Consideration of certain reports by Review Council
20. Decision by Commissioner as to inmate’s placement
21. Linguistic and cultural factors to be considered
Division 2 - Classification and designation of inmates
22. Classification of male inmates
23. Classification of female inmates
24. Escape-risk classifications
25. Designation of high security and extreme high security inmates
26. Management of high security and extreme high security inmates
27. Variation of classification and designation of certain inmates
28. High security classification of inmates for purposes of interstate leave permits
28A. Information to be considered for classification purposes
Division 3 - (Repealed)
None
PART 3 - CORRECTIONAL CENTRE ROUTINE
Division 1 - Separation and accommodation
32. Separation of different classes of inmates
33. Separation of sexes
34. Separation for health reasons
35. (Repealed)
36. Accommodation
Division 2 - 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
47. Property to be kept in a tidy and orderly manner
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
Division 6 - Spiritual welfare
62. Accreditation of chaplains
63. Privileges of accredited chaplains
64. Responsibilities of accredited chaplains
65. Powers of accredited chaplains
66. Access to inmates
67. Participation of inmates in religious observances
68. Use of chapels
69. Accredited chaplains may advise committees
70. Accredited chaplaincy services generally
71. Exclusion of ministers of religion on grounds of security
72. Inmates’ religious affiliation
PART 4 - VISITS AND COMMUNICATIONS
Division 1 - Visits to inmates
73. Visits generally
74. Visiting hours
75. Number of visits
76. Maximum number of visitors
77. Visits by Commissioner and other officials
78. Inmate may refuse visits
79. Inmate confined to cell not entitled to visits
80. Record of visits
Division 2 - Special visits: legal business, foreign nationals, Aboriginal persons
81. Visits to transact legal business
82. Visits to foreign nationals
83. Visits to Aboriginal persons
84. Prior appointment necessary
85. Time, duration and number of visits
Division 3 - Permits to visit correctional centres
86. Permit for visits
87. Cancellation of permits
88. Return of expired or cancelled permits
89. Preliminary requirements for visits
90. Restrictions on holders of visitors’ permits
Division 4 - Control of visits to correctional centres and inmates
91. Application of Division
92. Proof of identity of visitor and purpose of visit may be required
93. Searching of visitors
94. Hindering or obstructing dogs
95. Smoking by visitors in non-smoking areas prohibited
96. Unauthorised use of cameras or recording equipment
97. Delivery of articles to and from visitors
98. Prevention of physical contact with inmates
99. Visits to be within sight of correctional officer
100. Special arrangements for legal documents
101. Termination of visits
Division 5 - General restrictions on persons who may visit
102. Application of Division
103. General power of general manager or correctional officer to prevent visits
104. Visitors under the influence of alcohol or drugs
105. Commissioner may bar persons from visiting correctional centres
106. Unauthorised persons not to be admitted to correctional centres
Division 6 - Written communications with inmates
107. Correspondence generally
108. Certain articles prohibited
109. Opening of letters and parcels generally
110. Certain letters and parcels privileged
110A. Correspondence with Category AA and Category 5 inmates
111. Correspondence with legal practitioner
Division 7 - Use of telephones and facsimile machines by inmates
112. Permission required
113. Cost of telephone calls and facsimile messages
113A. Possession of cameras, video or audio recorders
113B. Inmate use or possession of a mobile phone
Division 8 - General
114. Supply of information concerning offences to police
115. Property brought to correctional centre by other persons
115A. Property brought into correctional centre illegally
PART 5 - CORRECTIONAL CENTRE DISCIPLINE
Division 1 - Preliminary
116. Definition of “correctional centre offence”
117. (Repealed)
118. Attempts
Division 2 - Maintenance of order and discipline
119. Maintenance of order and discipline generally
120. Directions relating to order or discipline
121. Use of force in dealing with inmates
122. Use of equipment for restraining inmates
123. Report on use of force
Division 3 - Particular offences
124. Contravention of conditions of leave
125. Concealment for escape
126. Concealment of certain items
126A. Possession of offensive weapon or instrument
127. Intimidation
128. Indecency
129. Riots
130. Physical aggression
131. General property offences
132. Hindering or obstructing dogs
133. Causing harm to animal, bird or reptile
134. Correctional centre property offences
135. Tattooing
136. Gambling
137. Alcohol
138. Possession of drugs
139. Administration of drugs
140. Possession of drug implements
141. Self-intoxication
142. Failing prescribed urine tests
143. Smoking
144. Bribery
145. Obstruction
Division 4 - Testing for alcohol or drugs
146. Breath testing
147. Evidence as to presence of alcohol or intoxicating substance
148. Urine sample where drug use suspected
149. Urine sample whether or not drug use suspected
150. Evidence as to use of drugs
151. Supply of test results to Justice Health
Division 5 - Punishments
152. Definition of “withdrawable privilege”
153. Prohibited punishments
PART 6 - INMATES’ REQUESTS AND COMPLAINTS
Division 1 - Official Visitors
154. Notice of availability of Official Visitors
155. Complaints and inquiries
156. Reports by Official Visitors
Division 2 - General
157. Requests to general manager
158. Requests to Minister, Commissioner or Official Visitors
159. Complaints to Minister or Commissioner
160. Mischievous complaints
PART 7 - RELEASE PROCEDURES
161. Inmate to check personal property and records
162. Pre-release interview
PART 8 - MISCELLANEOUS
163. Preservation of scenes of serious indictable offences and serious incidents
164. Payment for work done by inmates
165. Prohibited work
166. General manager as informant in proceedings before Visiting Magistrates
167. Monthly returns of punishments imposed by general managers or Visiting Magistrates
168. Lodging of appeals to District Court from decision of Visiting Magistrate
169. Applications for leave of absence
170. Establishment of Ethics Committee
171. Functions of Ethics Committee
172. False or misleading information
172A. Review of segregated or protective custody directions by Review Council where application made before commencement of Crimes (Administration of Sentences) Further Amendment Act 2002
172B. Suspension directions given by Review Council before commencement of Crimes (Administration of Sentences) Further Amendment Act 2002
CHAPTER 3 - PERIODIC DETENTION
PART 1 - PRELIMINARY
173. Application of Chapter
PART 2 - ADMISSION PROCEDURES
174. Personal searches
175. Periodic detainees to be notified of rights and obligations
176. Personal property
177. Medication
PART 3 - PERIODIC DETENTION ROUTINE
178. Detainees to be sober
179. Detainees to bring suitable clothing and toiletries
180. Accommodation
181. Separation of sexes
182. Visitors
183. Telephone calls
184. Medical examinations
185. Application of Part 2 of Act
PART 4 - WORK SITE ROUTINE
186. Working hours
187. Conduct at work sites
188. Prohibited work
PART 5 - LEAVE OF ABSENCE
189. Applications for leave of absence
190. (Repealed)
191. Inquiries into applications for leave of absence
PART 6 - MISCELLANEOUS
192. Transmission of certain notices
193. Offences against discipline
194. Notices of appeal
195. Orders transferring unruly periodic detainees
196. Requests, complaints or applications
197. General manager to report certain matters
198. Periodic Detention Review Committee
199. False or misleading information
CHAPTER 4 - HOME DETENTION
200. Standard conditions applying to home detention
201. Sanctions for breach of home detention order
CHAPTER 4A - COMPULSORY DRUG TREATMENT DETENTION
201A. Regulations relating to parole of offenders serving sentences by way of compulsory drug treatment detention: section 106T
201B. Application of Part 2 to Stages 1 and 2 compulsory drug treatment detention: section 106V
201C. Provision of information relating to offenders: section 106Y
201D. Periodic drug testing
201E. Random drug testing
201F. Evidence as to use of drugs
201G. Conditions that may be imposed as part of community supervision orders for Stage 2 and Stage 3 offenders: section 106O (2) (e)
CHAPTER 5 - COMMUNITY SERVICE WORK
202. Hours of work
203. Meal breaks and tea breaks
204. Computation of hours
205. Standard conditions applying to community service work
205A. Testing for alcohol and drugs
206. Offender may be exempted from compliance with certain directions on grounds of incapacity
207. Transport arrangements
208. Appointments of assigned officers
209. Appointment of supervisors
210. Supervisor to report to assigned officer
211. Application for extension or revocation of order made by court
CHAPTER 6 - PAROLE
212. Consultation required before conditions as to residence or treatment imposed on parole
213. Parole orders
214. Offender to be given explanation of parole order
215. Standard conditions applying to parole
216. Imposition and extension of supervision conditions
217. Supervision conditions generally
218. Variation of conditions so as to require supervision
218A. Commissioner to review supervision obligations for offenders serving existing life sentences
219. Revocation of parole order before release
219A. Circumstances constituting manifest injustice
220. Notice of initial intention to refuse release on parole
221. Decision on review of parole refusal
221A. Submissions by Commissioner
222. Notices to victims
223. Submissions by the State
224. Instrument requiring attendance
225. Records of proceedings
CHAPTER 7 - REVOCATION BY PAROLE AUTHORITY OF CERTAIN ORDERS
226. Supervision during home detention assessment
227. Withdrawal of consent to operation of home detention order
228. Revocation of order and review of revocation
229. Decision on review of revocation
230. Notice of revocation of order
231. Inquiry into suspected breach of order
232. Arrest warrants
233. Warrants of commitment
CHAPTER 8 - ADMINISTRATION
PART 1 - CORRECTIONAL OFFICERS AND DEPARTMENTAL OFFICERS
234. Oath or affirmation of office
235. Compliance with Commissioner’s instructions and general manager’s directions
236. Declaration about associations with inmates
237. Suspected offences by inmates
238. Uniform
239. Keys and access cards
240. Searching of officers
241. Visitors
242. (Repealed)
243. Insulting or abusive language
244. Smoking in non-smoking areas of correctional centres prohibited
245. Honesty
246. Vigilance
247. Reporting of misconduct by correctional officers
248. Certain contraventions to be dealt with as misconduct
249. Confidentiality of records
PART 1A - CONDUCT OF MEMBERS OF CORRECTIONAL STAFF REGARDING ALCOHOL AND PROHIBITED DRUGS
Division 1 - Preliminary
249A. Interpretation
249B. Appointment of authorised persons
249C. Hospitals
Division 2 - Obligations of members of correctional staff
249D. Correctional staff must not have prescribed concentration of alcohol in breath or blood
249E. Correctional staff must not have prohibited drug present in biological material
Division 3 - Testing of members of correctional staff
249F. Testing correctional staff
249G. General rules for the provision or taking of certain samples
249H. Breath testing and breath analysis of members of correctional staff
249I. Restrictions on requiring breath test, breath analysis or non-invasive sample
249J. Action to be taken with respect to blood samples
249K. Action to be taken with respect to non-invasive samples
249L. Analysis of samples
Division 4 - Evidence
249M. Certificate evidence of concentration of alcohol in breath or blood determined by breath test or breath analysis
249N. Certificate evidence of concentration of alcohol in blood other than in relation to a breath test or breath analysis
249O. Certificate evidence of presence of a prohibited drug
249P. Certificate evidence of appointment of authorised person
Division 5 - Consequences
249Q. Disciplinary action
249R. Refusing to comply with a requirement under Division 5 of Part 11 of the Act
249S. Double jeopardy
249T. Immediate action: staff member relieved from duty
249U. Consequences for staff members having prescribed concentration of alcohol in breath or blood
249V. Consequences for staff members testing positive at least twice in 3 years
249W. Consequences for staff members testing positive for prohibited drugs
249X. Consequences for staff members testing positive for a prohibited drug at least twice within 3 years
249Y. Probationary staff members
249Z. Temporary or casual staff members
Division 6 - Offences
249AA. Interfering with results of test
249AB. Interfering or tampering with, or destroying, samples
PART 2 - JUSTICE HEALTH MATTERS
250. Examination of inmates
251. Inmates risk to self or others
252. Mental illness
253. Inmate’s diet, exercise and treatment
254. Medical records
255. Provision of medical care to inmates confined to cell
256. Infectious diseases
257. Death of inmates
PART 3 - USE OF FIREARMS
258. Authority to carry firearms
259. Armed posts
260. Issue of firearms to correctional officers not at armed posts
261. Officers handling firearms to undergo training courses
262. Safety procedures on issue or receipt of firearms
263. Safety procedures on return of firearms
264. Duties of correctional officers generally
265. Maintenance of safe distances
266. Transfer of firearms
267. Use of armed posts
268. Discharge of firearms
269. Authority to discharge firearms
270. Warnings
271. Notice of discharge
272. Use of correctional centre armouries for storage of private firearms
PART 4 - AWARDS
273. Awards
274. Cancellation of awards
275. Register of awards
276. Wearing of awards
PART 5 - THE REVIEW COUNCIL
277. Additional functions of Review Council
278. Matters to be considered concerning certain serious offenders
279. Records of proceedings
PART 6 - GENERAL
280. Correctional centre records
281. Order of ranking of correctional and other officers
282. Attendance of inmates before courts and court officers
282A. Commissioner may exercise other functions
283. Powers of correctional officers
284. Operation of biometric identification system in correctional centres
285. Privacy and security safeguards
286. Non-smoking areas in correctional centres
287. Victims Register
288. Notice to victims about proposed change in security classification
288A. Submissions by Commissioner
289. Saving
290. Transitional
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 99 Dictionary