New South Wales Consolidated Regulations
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CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 17
Variation of classification and designation of certain inmates
17 Variation of classification and designation of certain inmates
(1) The Commissioner must not, without seeking and considering the
recommendations of the Review Council--
(a) cause an inmate who has an
escape-risk classification to cease to have an escape-risk classification, or
(b) cause an inmate who has a high security, extreme high security, extreme
high risk restricted or national security interest designation--
(i) to have
that designation varied to another designation, or
(ii) to cease to have a
(c) cause a serious offender to have his or her
(2) In the case of an inmate who has an escape-risk
classification, the Review Council--
(a) is not to make a recommendation for
the purposes of subclause (1)(a) unless it is satisfied that there are special
circumstances that, in the opinion of the Review Council, justify the
(b) need not consider an application made to it by an
inmate for the purposes of subclause (1)(a) if, on the face of the application
and any document submitted in support of it, the Review Council considers that
(i) is not substantially different from a previous
application, made by or on behalf of the same inmate, that it has rejected, or
(ii) is frivolous or vexatious.
(3) If the Commissioner varies the
classification or designation of an inmate under this clause in a way that is
contrary to the recommendations of the Review Council, the Commissioner must
ensure notice of that fact is given to the Review Council.
subclause (1)(c), the Commissioner may, if the Commissioner considers that
there are exceptional circumstances that justify doing so, cause a serious
offender to have his or her classification changed without seeking the
recommendations of the Review Council.
(5) The Commissioner must notify the
Review Council of any decision made under subclause (4).
(6) The Review
Council may recommend to the Commissioner that the Commissioner reconsider a
decision made under subclause (4).
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