New South Wales Consolidated Regulations

CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 93

93 Requirements for visitors

(1) An authorised officer may require a visitor--

(a) to produce evidence, satisfactory to the authorised officer, of the person's name and address, and

(b) to state the purpose of the visit.

(2) A visitor must not produce evidence, or make a statement, in response to a requirement under subclause (1) knowing the evidence or statement is false or misleading in a material particular.

: Maximum penalty--10 penalty units.

(2A) An authorised officer may require a visitor to submit to scanning by means of an X-ray scanning device.

(3) An authorised officer may require a visitor to remove any face covering worn by the visitor so as to enable the visitor's face to be seen by the officer or another authorised officer or person assisting in following the procedures under subclause (4).

(4) An authorised officer who requires a visitor to remove a face covering under subclause (3) must, as far as is reasonably practicable, ensure that the following procedures are followed--

(a) the authorised officer must ask for the visitor's co-operation,

(b) the viewing of the visitor's face must be conducted--

(i) in a way that provides reasonable privacy for the visitor if the visitor requests privacy, and

(ii) as quickly as is reasonably practicable,

(c) the viewing of the face of a child under 12 years of age may only be conducted if a responsible person for the child is present during the viewing,

(d) if the visitor is 12 years old or older and requests it--the viewing of the visitor's face is to be conducted by an authorised officer of the same sex as the visitor or, if an authorised officer of that sex is unavailable, by another person of that sex at the direction of an authorised officer,

(e) if the visitor is a child under 12 years old and the responsible person for the child requests it--the viewing of the child's face is to be conducted by a female authorised officer or, if a female authorised officer is unavailable, by another female person at the direction of an authorised officer.

(5) It is sufficient compliance with a requirement made under subclause (3) if only so much of the face covering as prevents the visitor's face from being seen is removed.

(6) An authorised officer may not require a visitor to remove a face covering under subclause (3) if the visitor establishes, to the officer's satisfaction, that the visitor has a special justification for not removing the face covering.

Note : A special justification includes having a legitimate medical reason for not removing the face covering.

(7) An authorised officer may refuse to allow a person to visit a correctional centre if the person fails to comply with a requirement under subclause (1), (2A) or (3).

(8) In this clause--

"face" and
"face covering" have the same meanings as they have in the Law Enforcement (Powers and Responsibilities) Act 2002 .

"responsible person" for a child has the same meaning as it has in section 10 of the Court Security Act 2005 .

"special justification" has the same meaning as it has in section 19B of the Law Enforcement (Powers and Responsibilities) Act 2002 .