New South Wales Consolidated Regulations
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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
284. Examination of inmates
285. Inmates' risk to self or others
286. Mental illness
287. Inmates' diet, exercise and treatment
288. Medical records
289. Provision of medical care to inmates confined to cell
290. Infectious diseases
291. Death of inmates
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
329A. COVID-19 pandemic--extension of prescribed period
330. Classes of inmates who may be released on parole by Commissioner
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
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