New South Wales Consolidated Regulations

CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 17

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 designation, or

(c) cause a serious offender to have his or her classification changed.

(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 reclassification, and

(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 the application--

(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.

(4) Despite 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).