CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2008

Table of Provisions

CHAPTER 1 - PRELIMINARY

• 1 Name of Regulation
• 2 Commencement
• 3 Definitions
• 4 Notes

CHAPTER 2 - FULL-TIME IMPRISONMENT

PART 2.1 - 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 inmates
• 9 Delivery of property by police and other persons
• 10 How property surrendered on reception to be dealt with
• 11 Property records

PART 2.2 - CASE MANAGEMENT AND CLASSIFICATION

Division 1 - Placement of inmates

• 12 Placement of inmates
• 12A General manager's report as to inmates' placement
• 12B Consideration of certain reports by Review Council
• 12C Decision by Commissioner as to inmate's placement

Division 1A - Case plans for convicted inmates

• 13 Case plans to be prepared for all convicted inmates
• 13A 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
18-20. (Renumbered)
• 21 Linguistic and cultural factors to be considered
• 21AA Case plans for high risk violent offenders

Division 2 - Classification and designation of inmates

• 21A Classification of inmates
• 22 Classification of male inmates
• 23 Classification of female inmates
• 24 Escape-risk classifications
• 25 Designation of high security, extreme high security and extreme high risk restricted inmates
• 26 Management of high security, extreme high security and extreme high risk restricted inmates
• 27 Variation of classification and designation of certain inmates
• 28 High security classification of inmates for purposes of interstate leave permits
• 29 Information to be considered for classification purposes

Division 3 - Miscellaneous

• 29A Inmate may request review of placement, classification and case plan

PART 2.3 - CORRECTIONAL CENTRE ROUTINE

Division 1 - Separation and accommodation

• 30 Separation of different classes of inmates
• 31 Separation of sexes
• 32 Separation for health reasons
• 33 Accommodation

Division 2 - Correctional centre routine

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

Division 3 - Food

• 47 Diet
• 48 Complaints about correctional centre food
• 49 Purchase of food by inmates

Division 4 - Health and cleanliness

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

Division 5 - Inmate services and programs

• 57 Inmate services and programs
• 58 Behaviour of inmates participating in services and programs
• 58A High risk violent offenders

Division 6 - Spiritual welfare

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

PART 2.4 - VISITS AND COMMUNICATIONS

Division 1 - Visits to inmates

• 70 Visits generally
• 71 Visiting hours
• 72 Number of visits
• 73 Maximum number of visitors
• 74 Visits by Commissioner and other officials
• 75 Inmates may refuse visits
• 76 Inmates confined to cell not entitled to visits
• 77 Record of visits

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

• 78 Visits to transact legal business
• 79 Visits to foreign nationals
• 80 Visits to Aboriginal persons
• 81 Prior appointment necessary
• 82 Time, duration and number of visits

Division 3 - Permits to visit correctional centres

• 83 Permit for visits
• 84 Cancellation of permits
• 85 Return of expired or cancelled permits
• 86 Preliminary requirements for visits
• 87 Restrictions on holders of visitors' permits

Division 4 - Control of visits to correctional centres and inmates

• 88 Application of Division
• 89 Proof of identity of visitor and purpose of visit may be required
• 89A Approval of visitors to extreme high risk restricted inmates
• 90 Searching of visitors
• 91 Hindering or obstructing dogs
• 92 Smoking by visitors in non-smoking areas prohibited
• 93 Unauthorised use of cameras or recording equipment
• 94 Delivery of articles to and from visitors
• 95 Prevention of physical contact with inmates
• 95A Visits to extreme high risk restricted inmates to be conducted in English or approved language
• 96 Visits to be within sight of correctional officer
• 97 Special arrangements for legal documents
• 98 Termination of visits

Division 5 - General restrictions on persons who may visit

• 99 Application of Division
• 100 General power of general manager or correctional officer to prevent visits
• 101 Visitors under the influence of alcohol or drugs
• 102 Commissioner may bar persons from visiting correctional centres
• 103 Unauthorised persons not to be admitted to correctional centres

Division 6 - Written communications with inmates

• 104 Correspondence generally
• 105 Certain articles prohibited
• 106 Opening of letters and parcels generally
• 107 Certain correspondence privileged
• 107A Certain correspondence not to be sent to exempt bodies and exempt persons
• 108 Correspondence with Category AA male inmates, Category 5 female inmates and extreme high risk restricted inmates
• 108A Additional requirements for correspondence from extreme high risk restricted inmates
• 108B Register of correspondence with Category AA male inmates, Category 5 female inmates and extreme high risk restricted inmates
• 109 Correspondence with legal practitioners

Division 7 - Use of telephones and fax machines by inmates

• 110 Permission required to make telephone calls or send faxes
• 111 Cost of telephone calls and faxes
• 112 Possession of cameras, video or audio recorders
• 113 Use or possession of mobile phones

Division 8 - General

• 114 Supply of information concerning offences to police
• 115 Property brought to correctional centre by other persons
• 115A Extreme high risk restricted inmates not to receive money
• 116 Property brought into correctional centre illegally

PART 2.5 - CORRECTIONAL CENTRE DISCIPLINE

Division 1 - Preliminary

• 117 Definition of "correctional centre offence"
• 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
• 127 Possession of offensive weapon or instrument
• 128 Intimidation
• 129 Indecency
• 130 Riots
• 131 Physical aggression
• 132 General property offences
• 133 Hindering or obstructing dogs
• 134 Causing harm to animal, bird or reptile
• 135 Correctional centre property offences
• 136 Tattooing
• 137 Gambling
• 138 Alcohol
• 139 Possession of drugs
• 140 Administration of drugs
• 141 Possession of drug implements
• 142 Self-intoxication
• 143 Failing prescribed urine tests
• 144 Smoking
• 145 Bribery
• 146 Obstruction

Division 4 - Testing for alcohol or drugs

• 147 Breath testing
• 148 Evidence as to presence of alcohol or intoxicating substance
• 149 Urine sample where drug use suspected
• 150 Urine sample whether or not drug use suspected
• 151 Evidence as to use of drugs
• 152 Supply of test results to Justice Health

Division 5 - Punishments

• 153 Definition of "withdrawable privilege"
• 154 Prohibited punishments

PART 2.6 - INMATES' REQUESTS AND COMPLAINTS

Division 1 - Official Visitors

• 155 Notice of availability of Official Visitors
• 156 Complaints and inquiries
• 157 Reports by Official Visitors

Division 2 - General

• 158 Requests to general manager
• 159 Requests to Minister, Commissioner or Official Visitors
• 160 Complaints to Minister or Commissioner
• 161 Mischievous complaints

PART 2.7 - RELEASE PROCEDURES

• 162 Inmates to check personal property and records
• 163 Pre-release interviews

PART 2.8 - MISCELLANEOUS

• 164 Preservation of scenes of serious indictable offences and serious incidents
• 165 Payment for work done by inmates
• 166 Prohibited work
• 167 General manager as informant in proceedings before Visiting Magistrates
• 168 Monthly returns of punishments imposed by general managers or Visiting Magistrates
• 169 Lodging of appeals to District Court from decision of Visiting Magistrate
• 170 Applications for leave of absence
• 171 Establishment of Ethics Committee
• 172 Functions of Ethics Committee
• 173 False or misleading information

CHAPTER 3 - INTENSIVE CORRECTION

• 174 Supervisor for offenders
• 175 Mandatory conditions for intensive correction orders
• 176 Additional conditions that may be imposed by sentencing court
• 177 Information to be recorded in relation to offenders
• 178 Preparation and adoption of case plans
179-199. (Repealed)

CHAPTER 4 - HOME DETENTION

• 200 Standard conditions applying to home detention
• 201 Information to be recorded in relation to home detainees
• 202 Sanctions for breach of home detention order
• 203 Preparation and adoption of case plans

CHAPTER 5 - COMPULSORY DRUG TREATMENT DETENTION

• 204 Regulations relating to parole of offenders serving sentences by way of compulsory drug treatment detention
• 205 Application of Part 2 to Stages 1 and 2 compulsory drug treatment detention
• 206 Provision of information relating to offenders
• 207 Periodic drug testing
• 208 Random drug testing
• 209 Evidence as to use of drugs
• 210 Conditions that may be imposed as part of community supervision orders for Stage 2 and Stage 3 offenders

CHAPTER 6 - COMMUNITY SERVICE WORK

• 211 Standard conditions applying to community service work
• 212 Information to be recorded in relation to offenders
• 213 Hours of work
• 214 Meal breaks and tea breaks
• 215 Computation of hours
• 216 Testing for alcohol and drugs
• 217 Exemption of offenders from certain directions on grounds of incapacity
• 218 Transport arrangements
• 219 Appointment of assigned officers
• 220 Appointment of community corrections field officers
• 221 Community corrections field officer to report to assigned officer
• 222 Application for extension or revocation of order made by court
• 223 Preparation and adoption of case plans

CHAPTER 7 - PAROLE

• 224 Standard conditions applying to parole
• 225 Consultation required before conditions as to residence or treatment imposed on parole
• 226 Parole orders
• 227 Parole orders to be explained to offenders
• 228 Imposition and extension of supervision conditions
• 229 Supervision conditions generally
• 230 Variation of conditions so as to require supervision
• 231 Commissioner to review supervision obligations for offenders serving existing life sentences
• 232 Revocation of parole orders before release
• 233 Circumstances constituting manifest injustice
• 234 Notice of initial intention to refuse release on parole
• 235 Decision on review of parole refusal
• 236 Submissions by Commissioner
• 237 Notices to victims
• 238 Submissions by the State
• 239 Instrument requiring attendance
• 240 Records of proceedings
• 241 Preparation and adoption of case plans
• 241A Norfolk Island parole orders

CHAPTER 8 - REVOCATION BY PAROLE AUTHORITY OF CERTAIN ORDERS

• 242 Supervision during home detention assessment
• 243 Withdrawal of consent to operation of home detention order
• 244 Revocation of order and review of revocation
• 245 Decision on review of revocation
• 246 Notice of revocation of order
• 247 Inquiry into suspected breach of order
• 248 Arrest warrants
• 249 Warrants of commitment

CHAPTER 9 - ADMINISTRATION

PART 9.1 - CORRECTIONAL OFFICERS AND DEPARTMENTAL OFFICERS

• 250 Oath or affirmation of office
• 251 Compliance with Commissioner's instructions and general manager's directions
• 252 Declaration about associations with inmates
• 253 Suspected offences by inmates
• 254 Uniforms
• 255 Keys and access cards
• 256 Officers may be searched
• 257 Visitors
• 258 Insulting or abusive language
• 259 Smoking in non-smoking areas of correctional centres prohibited
• 260 Honesty
• 261 Vigilance
• 262 Reporting of misconduct by correctional officers
• 263 Certain contraventions to be dealt with as misconduct
• 264 Confidentiality of records

PART 9.2 - CONDUCT OF MEMBERS OF CORRECTIONAL STAFF REGARDING ALCOHOL AND DRUGS

Division 1 - Preliminary

• 265 Interpretation
• 266 Appointment of authorised persons
• 267 Hospitals

Division 2 - Obligations of members of correctional staff

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

Division 3 - Testing of members of correctional staff

• 270 Testing correctional staff
• 271 General rules for the provision or taking of certain samples
• 272 Breath testing and breath analysis of members of correctional staff
• 273 Restrictions on requiring breath test, breath analysis or non-invasive sample
• 274 Action to be taken with respect to blood samples
• 275 Action to be taken with respect to non-invasive samples
• 276 Analysis of samples

Division 4 - Evidence

• 277 Certificate evidence of concentration of alcohol in breath or blood determined by breath test or breath analysis
• 278 Certificate evidence of concentration of alcohol in blood otherwise than in relation to a breath test or breath analysis
• 279 Certificate evidence of presence of a prohibited drug
• 280 Certificate evidence of appointment of authorised person

Division 5 - Consequences

• 281 Refusing to comply with a requirement under Division 5 of Part 11 of the Act
• 282 Immediate action: staff member relieved from duty
• 283 Consequences for staff members having prescribed concentration of alcohol in breath or blood
• 284 Consequences for staff members testing positive at least twice in 3 years
• 285 Consequences for staff members testing positive for prohibited drugs
• 286 Consequences for staff members testing positive for a prohibited drug more than once in 3 years
• 287 Probationary staff members
• 288 Temporary or casual staff members
• 289 Double jeopardy
• 290 Disciplinary action

Division 6 - Offences

• 291 Interfering with results of test
• 292 Interfering or tampering with, or destroying, samples

PART 9.3 - JUSTICE HEALTH MATTERS

• 293 Examination of inmates
• 294 Inmates risk to self or others
• 295 Mental illness
• 296 Inmates' diet, exercise and treatment
• 297 Medical records
• 298 Provision of medical care to inmates confined to cell
• 299 Infectious diseases
• 300 Death of inmates

PART 9.4 - USE OF FIREARMS

• 301 Authority to carry firearms
• 302 Armed posts
• 303 Issue of firearms to correctional officers not at armed posts
• 304 Officers handling firearms to undergo training courses
• 305 Safety procedures on issue or receipt of firearms
• 306 Safety procedures on return of firearms
• 307 Duties of correctional officers generally
• 308 Maintenance of safe distances
• 309 Transfer of firearms
• 310 Use of armed posts
• 311 Discharge of firearms
• 312 Authority to discharge firearms
• 313 Warnings
• 314 Notice of discharge
• 315 Use of correctional centre armouries for storage of private firearms

PART 9.5 - BRAVERY AND MERITORIOUS SERVICE AWARDS

• 316 Awards
• 317 Cancellation of awards
• 318 Register of awards
• 319 Wearing of awards

PART 9.6 - THE REVIEW COUNCIL

• 320 Additional functions of Review Council
• 321 Matters to be considered concerning certain serious offenders
• 321A Functions of Review Council with respect to extreme high risk restricted inmates
• 322 Records of proceedings

PART 9.7 - GENERAL

• 323 Correctional centre records
• 324 Order of ranking of correctional and other officers
• 325 Attendance of inmates before courts and court officers
• 326 Commissioner may exercise other functions
• 327 Powers of correctional officers
• 328 Operation of biometric identification system in correctional centres
• 329 Privacy and security safeguards
• 330 Non-smoking areas in correctional centres
• 331 Victims Register
• 332 Notice to victims about proposed change in security classification
• 333 Submissions by Commissioner
• 334 Saving
• SCHEDULE 1
• SCHEDULE 2
Schedule 3 (Repealed)
• SCHEDULE 4
• SCHEDULE 5
• SCHEDULE 6
• SCHEDULE 99 Dictionary