New South Wales Consolidated Regulations

CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 3

3 Interpretation

(1) In this Regulation--

"accredited analytical laboratory" means a laboratory that--

(a) is accredited as an analytical laboratory by an entity authorised by the Commonwealth to accredit analytical laboratories, and

(b) is approved for the purposes of this Regulation by the Commissioner.

"accredited chaplain" means a minister of religion who is accredited as a chaplain under clause 63.

"analyst" means--

(a) an analyst within the meaning of Schedule 3 to the Road Transport Act 2013 , or

(b) a person employed by the owner or operator of an accredited analytical laboratory as an analyst.

"approved" means approved by the Minister (in relation to an approved form) or by the Commissioner (in relation to anything else that requires approval).

"armed post" means an area, within a correctional centre, at which an armed correctional officer is regularly stationed.

"authorised officer" , in relation to a function of the governor of a correctional centre, means the governor or a correctional officer authorised by the governor to exercise the function.

"breath test" means a test for the purpose of indicating the concentration of alcohol present in a person's breath or blood.

"case plan" , in relation to an offender, means a plan for the management of the offender that includes provisions that indicate the development programs in which the offender should be encouraged to participate and the services that the offender should be encouraged to make use of, and the offender's obligations in relation to the programs and services.

"cell" includes any room or enclosed space in which an inmate is accommodated.

"Civil Chaplaincies Advisory Committee" means the committee, made up of representatives from various religious organisations, that liaises between the religious organisations and government departments in matters of chaplaincy in correctional centres.

"civil inmate" means an inmate who is being held in custody otherwise than because of a criminal offence.

"Commissioner's instructions" means instructions issued by the Commissioner under section 235B of the Act.

"Commonwealth Ombudsman" means the Commonwealth Ombudsman appointed under section 21(1) of the Ombudsman Act 1976 of the Commonwealth.

"contact visit" means a visit to an inmate in which the inmate and the visitor are permitted physical contact with each other.

"correctional centre" includes a correctional complex.

"correctional centre armoury" means an armoury for the storage of firearms.

"correctional centre offence" has the same meaning as it has in Division 6 of Part 2 of the Act.

Note : See clauses 127 and 128 for the declaration of correctional centre offences for the purposes of Division 6 of Part 2 of the Act.

"departmental officer" means a Public Service employee, other than a correctional officer, employed in Corrective Services NSW.

"development program" has the same meaning as it has in Part 7 of the Crimes (Sentencing Procedure) Act 1999 .

"drug" means--

(a) a prohibited drug or prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985 , or

(b) a substance declared to be a drug under subclause (3).

"drug test sample" , in relation to a person, means a sample of the person's breath, urine or oral fluid.

"electronic monitoring officer" means any person who is employed for the purpose of monitoring offenders who are subject to electronic monitoring.

"escape-risk classification" means a classification under clause 14.

"Ethics Committee" means the Ethics Committee established under clause 182.

"exempt body" means--

(a) the Ombudsman, the Judicial Commission, the New South Wales Crime Commission, the Law Enforcement Conduct Commission, the Anti-Discrimination Board, the Civil and Administrative Tribunal, the Independent Commission Against Corruption, the Inspector of Custodial Services, the Privacy Commissioner, the Information Commissioner, the Legal Aid Commission, the Legal Services Commissioner or the Legal Services Tribunal, or

(b) the Commonwealth Ombudsman, the Australian Human Rights Commission or the Australian Crime Commission.

"exempt person" means a Member of Parliament, a legal practitioner or a police officer.

"extreme high risk restricted inmate" means an inmate who is designated as an extreme high risk restricted inmate under clause 15.

"extreme high security inmate" means an inmate who is designated as an extreme high security inmate under clause 15.

"force" includes the threat to use force and the carriage and use of restraining equipment.

"government official" means a person employed in the service of the Crown, and includes a police officer.

"high risk offender" has the same meaning as it has in section 271A of the Act.

"high security, extreme high security or extreme high risk restricted designation" means a designation under clause 15.

"high security inmate" means an inmate who is designated as a high security inmate under clause 15.

"intensive correction offender" means a person in respect of whom an intensive correction order is in force.

"legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Uniform Law (NSW) .

"letter" includes any card, telegram, document or other similar form of written communication, whether or not contained in a parcel, and includes an envelope containing any of those things, but does not include a fax transmission.

"minister of religion" , in relation to a religious organisation, means a priest, rabbi, imam or other person appointed or authorised by the appropriate authority for the organisation to minister to its members and to carry out other religious duties.

"national security interest inmate" means an inmate who is designated as a national security interest inmate under clause 15.

"nominated officer" , in relation to a correctional centre, means--

(a) the principal security officer, or

(b) the governor of the centre, or

(c) any correctional officer or departmental officer appointed by the principal security officer or by the governor of the centre to exercise a function under this Regulation as a nominated officer.

"non-contact visit" means a visit to an inmate in which the visit takes place in an environment in which physical contact between the visitor and the inmate is not permitted.

"nursing officer" means a registered nurse employed by Justice Health and Forensic Mental Health Network.

"parcel" means any parcel, package or other similar article, and includes any parcel or package containing any book, newspaper, magazine or other similar printed material.

"prescribed CSNSW officer" , in relation to a provision of this Regulation, means--

(a) the Commissioner, or

(b) a correctional officer or departmental officer authorised by the Commissioner to exercise the functions of a prescribed CSNSW officer for the purposes of the provision.

"prescribed health officer" , in relation to a provision of this Regulation, means--

(a) the Chief Executive, Justice Health and Forensic Mental Health Network, or

(b) a medical officer or other member of staff of Justice Health and Forensic Mental Health Network authorised by the Chief Executive, Justice Health and Forensic Mental Health Network, to exercise the functions of a prescribed health officer for the purposes of the provision.

"principal security officer" means the person appointed by the Commissioner to be the principal security officer for the purposes of this Regulation.

"prohibited drug" has the same meaning as it has in the Drug Misuse and Trafficking Act 1985 .

"prohibited goods" means--

(a) money, or

(b) anything that, in the opinion of a nominated officer, is likely to prejudice the good order and security of a correctional centre, or

(c) any threatening, offensive, indecent, obscene or abusive written or pictorial matter, or

(d) any offensive, indecent or obscene article, or

(e) anything that could constitute a risk to national security (for example, because of a perceived risk that it may be used in connection with terrorist activities), or

(f) anything that, in the opinion of a nominated officer, is intended to facilitate, incite or be used in connection with any unlawful activity.

"restraining equipment" means equipment of the kind referred to in clause 132.

"restricted associate" , of an inmate, means a person with whom the inmate has been directed not to associate or make contact under an interim supervision order or extended supervision order (within the meaning of the Crimes (High Risk Offenders) Act 2006 or the Terrorism (High Risk Offenders) Act 2017 ) made in respect of the inmate, but only if--

(a) the order is suspended (or the inmate's obligations under the order are suspended), or

(b) the order expired because a continuing detention order (that is still in force) was made in respect of the inmate, or

(c) the order has been made but is yet to commence.

Note : See sections 10(2) and 18D of the Crimes (High Risk Offenders) Act 2006 for the circumstances in which extended supervision orders expire or are suspended. See also sections 26 and 47 of the Terrorism (High Risk Offenders) Act 2017 .

"senior officer" , in relation to Part 19, means a correctional officer who is holding office or acting in a rank that is of or above the rank of Senior Correctional Officer.

"sentencing court's comments" , in relation to an inmate, means any recommendation, observation or expression of opinion made by the sentencing court in relation to the inmate's sentence when sentence is originally or finally imposed.

"the Act" means the Crimes (Administration of Sentences) Act 1999 .

"unconvicted inmate" means an inmate who is not a convicted inmate or a civil inmate.

"visitor" means a visitor to a correctional centre or to a particular person within a correctional centre, and includes any person who comes onto the premises of a correctional centre, whether by request or otherwise, other than in the performance of his or her functions under the Act or this Regulation.

Note : Tradespersons and media personnel are examples of visitors.

"work site" , in relation to an offender under Part 10 or 13, means a place where the offender performs, or is required to perform, community service work (not involving participation in personal development, educational or other programs).

Note : The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2) For the purposes of this Regulation--

(a) a person who has a thing in his or her custody or under his or her control is taken to have the thing in his or her possession, and

(b) a correctional officer who is temporarily relieving another correctional officer at a post is taken to be stationed at the post.

(3) For the purposes of the Act, each of the following substances is declared to be a drug--

(a) a substance listed in Schedule 2, 3 or 4 to the Poisons List under the Poisons and Therapeutic Goods Act 1966 ,

(b) any derivative of--

(i) a prohibited drug or prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985 , or

(ii) a substance referred to in paragraph (a),

(c) any mixture containing a substance or derivative referred to in paragraph (a) or (b).

(3A) A reference in this Regulation to a community corrections officer is, where the offender is subject to supervision by a juvenile justice officer, taken to be a reference to a juvenile justice officer within the meaning of the Children (Detention Centres) Act 1987 .

Note : Juvenile justice officers are referred to in certain provisions of the Crimes (Sentencing Procedure) Act 1999 (see sections 89- 91 and 99- 100) and the Crimes (Administration of Sentences) Act 1999 (see sections 107E and 108E).

(4) Notes included in this Regulation do not form part of this Regulation.