New South Wales Consolidated Regulations

CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 32

32 Inmate may request review of placement, classification and case plan

(1) An inmate may, at any time, request that the Commissioner review a determination of any of the following matters--

(a) the correctional centre in which the inmate is placed,

(b) the inmate's classification,

(c) the contents of the inmate's case plan (in the case of a convicted inmate).

Note : The Commissioner is required to review the placement and classification of an inmate at least once every 12 months. Case plans for convicted inmates must generally be prepared every 12 months.

(2) However, an inmate cannot request a review of the determination of the inmate's classification or placement in a correctional centre that occurs when the inmate is first received into a correctional centre.

(3) The Commissioner is required to review a determination under this clause only if--

(a) the inmate can present information relevant to the determination that was not available to the inmate or provided to the Commissioner at the time the determination was made, or

(b) the inmate demonstrates that he or she was denied procedural fairness at the time the determination was made.

(4) The Commissioner may refuse a request to review a determination if the Commissioner considers that--

(a) the request is frivolous or vexatious, or

(b) in the case of an inmate requesting a review of his or her placement in a particular correctional centre, the placement is reasonable having regard to the availability of accommodation for inmates in correctional centres within the State.