Division 7 Residential facilities
236L Residential facilities
(1) The Governor may, by proclamation, declare any premises specified
or described in the proclamation to be a residential facility for the purposes
of this Act.
(2) The Governor may, by the proclamation by which any premises are
declared to be a residential facility or by a subsequent proclamation, give a
name to the residential facility.
(3) The Governor may, by proclamation, vary or revoke any proclamation
under this section.
236M Accommodation of offenders in residential
(1) The Commissioner may approve the use of a residential facility for
any of the following purposes:
(a) accommodating inmates (or an approved class of inmates) prior to
release from custody,
(b) accommodating other persons who are the subject of non-custodial
orders (referred to as non-custodial
(2) Part 2, and the regulations relating to that Part, apply to a
residential facility in the same way as they apply to a correctional centre,
subject to this section and any modifications prescribed by the
(3) For the purposes of the application of Part 2 to a residential
(a) a reference in that Part to an inmate includes an inmate residing
in a residential facility, but does not include a non-custodial resident,
(b) a reference in that Part to the general manager of a correctional
centre is taken to be a reference to the manager of the residential facility,
(c) the functions of a Visiting Magistrate under that Part with
respect to a residential facility may be exercised by any Visiting Magistrate
appointed under section 227.
(4) The regulations may provide for the application to residential
facilities of other provisions of this Act that apply in respect of
(5) In this section, a non-custodial
order means an order under Division 3 of Part 2 of the Crimes (Sentencing Procedure) Act
1999 or a parole order.
236N Managers of residential facilities
(1) A manager of each residential facility is to be employed under
Chapter 1A of the Public Sector Employment
and Management Act 2002.
(2) The manager of a residential facility:
(a) has the care, direction, control and management of the residential
(b) has all other functions conferred or imposed on the manager by or
under this or any other Act or law.
(3) In the exercise of the functions referred to in subsection (2) (a)
and (b), the manager is subject to the direction and control of the
(4) The manager of a residential facility may delegate to any person
any of the manager’s functions, other than this power of delegation and
other than any function delegated to the manager by the
236O Residential facility officers
(1) The Commissioner may appoint any member of staff of Corrective
Services NSW to supervise persons residing at a residential facility or to
exercise other functions in relation to a residential facility (referred to as
(2) The functions of residential facility officers are to be as
determined from time to time by the Commissioner.
(3) Those functions may include functions of a correctional
(4) To the extent that the functions of a residential facility officer
include the functions of a correctional officer, the residential facility
officer has all the immunities of a correctional
(5) A residential facility officer may exercise a function of a
correctional officer only in respect of the residential facility where the
residential facility officer is employed.
(6) Residential facility officers must at all times exercise their
functions in such manner as the Commissioner, having regard to current
circumstances, may from time to time direct.
(7) A residential facility officer may be appointed as a compliance
and monitoring officer under section 235G in relation to any offenders (within
the meaning of that section) who are residing in the residential