New South Wales Consolidated Regulations

CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 23

23 Decision by Commissioner about inmate's placement

(1) After considering--

(a) any report prepared by the governor of a correctional centre with respect to the placement, or continued placement, in the centre of an inmate, and

(b) in the case of an inmate who is a serious offender or an inmate who has a high security, extreme high security, extreme high risk restricted or national security interest designation--any submissions by the Review Council in relation to the report,

the Commissioner must make a decision with respect to the inmate's placement, or continued placement, in the centre.

(2) The Commissioner is not bound to follow the recommendations in the report.

(3) If the Commissioner considers that there are urgent reasons for doing so, the Commissioner may make a decision with respect to the transfer of an inmate who is a serious offender or an inmate who has a high security, extreme high security, extreme high risk restricted or national security interest designation without giving the Review Council an opportunity to make submissions.

(4) The Commissioner must notify the Review Council of any decision made under subclause (3).

(5) After considering the report prepared by the governor, the Review Council may recommend to the Commissioner that the Commissioner reconsider a decision made under subclause (3).