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 facilities

(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 residents).

(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 regulations.

(3)  For the purposes of the application of Part 2 to a residential facility:

(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, and

(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, and

(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 correctional centres.

(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 facility, and

(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 Commissioner.

(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 Commissioner.

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 a residential facility officer).

(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 officer.

(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 officer.

(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 facility.