Introductory note. This Part contains miscellaneous provisions in connection with the operation of this Act, including a power to make regulations.
254 Extension of sentence following unlawful absence from custody
(1) If a person is unlawfully absent from custody during the term of a sentence:(a) the term of the sentence, and(b) if the absence occurs during a non-parole period of the sentence, the non-parole period of the sentence,are, by this subsection, extended by the period for which the person is unlawfully absent from custody.(2) In subsection (1):(a) the reference to a person being unlawfully absent from custody includes a reference to a person being absent from custody following the revocation of an intensive correction order, home detention order or parole order, and(b) the reference to the period for which such a person is unlawfully absent from custody does not include any period for which the person is in custody, whether or not in relation to the sentence the subject of the order that has been revoked.(3) This section does not apply to:(a) any absence from custody for which the person is taken to have been in lawful custody by operation of section 40, or(b) any absence from custody in respect of which the person’s sentence is extended by some other provision of this Act.(4) This section does not prevent a person from being proceeded against and convicted in relation to any offence arising out of an escape from lawful custody.
255 Effect of extension of sentence
(1) This section applies to any sentence whose term or non-parole period is extended under this Act.(2) The date of commencement of any other sentence (the later sentence) that is to be served consecutively, or partly consecutively, with the extended sentence (the earlier sentence), is, by this subsection, postponed:(a) if the later sentence commences at or before the end of the non-parole period of the earlier sentence, by the period for which the non-parole period of the earlier sentence is extended, or(b) if the later sentence commences at or before the expiry of the earlier sentence (but after the end of any non-parole period), by the period for which the term of the earlier sentence is extended.(3) The relevant warrant of commitment is sufficient authority for the detention of the person concerned:(a) in the case of a warrant committing the person to a correctional centre, until the end of the extended term of the sentence, or(b) (Repealed)
255A Approvals for the purposes of the Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth
(1) The relevant officer may, at the request of the Commonwealth Attorney-General, grant approval, by order in writing, for an offender to travel to a foreign country:(a) for the purpose of giving evidence at a proceeding relating to a criminal matter, as referred to in section 26 of the Commonwealth Act, or(b) for the purpose of giving assistance in relation to an investigation relating to a criminal matter, as referred to in section 27 of the Commonwealth Act,and may give such directions as are necessary in that regard.(2) An approval under this section is subject to such conditions as are prescribed by the regulations and to such other conditions (not inconsistent with those prescribed by the regulations) as the relevant officer may specify in the approval.(3) While an approval is in force under this section, the offender to whom the approval relates:(a) is authorised to be absent from custody (other than custody referred to in section 26 (1) (e) (iii) or 27 (1) (e) (iii) of the Commonwealth Act) in relation to any period during which the offender would, but for the approval, be required to be in custody, and(b) is exempt from such other requirements imposed by or under this or any other Act as would, but for the approval, prevent the offender from travelling to the foreign country concerned for the purpose set out in the Commonwealth Attorney-General’s request.Note. Restrictions may nevertheless be imposed on an offender who is subject to an approval under this section by means of regulations made under section 79, 93 or 106ZA or conditions imposed under section 103 or 128.(4) In this section:relevant officer means:
(a) in relation to an offender who is on release on parole, or is the subject of a home detention order—the Parole Authority, and(b) in any other case—the Commissioner.the Commonwealth Act means the Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth.
(1) There is to be a Victims Register.(2) There are to be recorded in the Victims Register the names of victims of offenders who have requested that they be given notice of the possible parole of the offender concerned.(3) Subject to the regulations, the Victims Register is to be kept by such government agency as the Minister directs.(4) The regulations may make provision for or with respect to:(a) the keeping of the Victims Register, and(b) the manner in which a notice to victims may or must be given under this Act and the circumstances (if any) in which such a notice need not be given, and(c) the identification of persons who are victims for the purposes of this Act, including:(i) the determination of the persons who are family representatives of victims, and(ii) the provision, by persons claiming to be victims, of evidence of their identity and of the circumstances by which they claim to be victims.(4A) Members of staff of the government agency that keeps the Victims Register may assist:(a) the Review Council and the Parole Authority to give notices to victims under sections 67 and 145, and(b) the Parole Authority to give a victim of a serious offender or a victim’s authorised agent access to documents specified by the Parole Authority for the purposes of section 193A, and(c) the Review Council and the Parole Authority to carry out other ancillary functions relating to the matters referred to in paragraphs (a) and (b).(5) For the purposes of this section:victim of an offender means:
(a) a victim of an offence for which the offender has been sentenced or of any offence taken into account under Division 3 of Part 3 of the Crimes (Sentencing Procedure) Act 1999, or(b) a family representative of such a victim (if the victim is dead or under any incapacity or in such circumstances as may be prescribed by the regulations),and includes a person who suffers actual physical bodily harm, mental illness or nervous shock, or whose property is deliberately taken, destroyed or damaged, as a direct result of an act committed, or apparently committed, by the offender in the course of an offence.
(1) A person must not disclose any information obtained in connection with the administration or execution of this Act unless that disclosure is made:(a) with the consent of the person from whom the information was obtained, or(b) in connection with the administration or execution of this Act, or(b1) in connection with the administration or execution of a law of some other State or Territory in its application to an inmate who has been, or is to be, transferred to that State or Territory pursuant to:(i) a direction referred to in section 45, or(ii) a warrant referred to in section 49, or(iii) an order of transfer under the Prisoners (Interstate Transfer) Act 1982, or(c) for the purposes of any legal proceedings, or(d) in accordance with a requirement of the Ombudsman Act 1974 or with any request made by the Ombudsman, or(d1) to the State Debt Recovery Office in connection with the administration or execution of the Fines Act 1996 (including for the purpose of the imposition, administration or enforcement of a fine), or(e) with other lawful excuse.Maximum penalty: 10 penalty units.
(2) Information may be disclosed as referred to in subsection (1) (b1) despite anything to the contrary in the Privacy and Personal Information Protection Act 1998 or the Health Records and Information Privacy Act 2002.
258 Supreme Court to review list of persons on remand who are in custody
(1) As soon as practicable after 15 February, 15 May, 15 August and 15 November in each year, the Commissioner must cause to be furnished to the Supreme Court a list of all persons on remand who, as at that date, have been in custody in a correctional centre for more than 3 months.(2) The list must indicate, in relation to each person on remand, the court to which the person is remanded to appear.(3) The Supreme Court is to conduct a review of the list, in open court, so as:(a) to ascertain whether there has been any undue delay in the prosecution or conduct of proceedings against any person whose name appears on the list, and(b) if there has been any such delay, to take such action as the Supreme Court considers appropriate to expedite those proceedings.(4) In this section, person on remand means any person the subject of a warrant or order issued by a court by which the person is remanded in custody in connection with proceedings for an offence committed or alleged to have been committed by the person.
(1) Any notice required by or under this Act to be served on a person in respect of whom an intensive correction order, home detention order, parole order or community service order is in force may be served personally or by posting it, addressed to the person, to the address nominated by the person for that purpose.(2) Such a notice may be served on a person in custody by service on the person in whose custody the person is held, and is to be dealt with in accordance with the regulations.(3) The means of service authorised by this section are in addition to any means that would, in the absence of this section, be sufficient for valid service of the notice.
A certificate issued by the Commissioner or by a person prescribed by the regulations, being a certificate that states that on a date or during a period specified in the certificate:(a) a specified person was in the custody of the general manager of a specified correctional centre, or in the custody of the manager of a residential facility, or(a1) a specified person was in the custody of the designated officer within the meaning of section 38 or 249, or(b) a specified person was or was not the subject of a specified intensive correction order, home detention order, community service order or parole order, or(c) a specified intensive correction order, home detention order, community service order or parole order did or did not contain specified terms, or(d) a specified person failed to comply with that person’s obligations under a specified intensive correction order, home detention order, community service order or parole order,is admissible in any legal proceedings and is evidence of the facts so stated.
(1) Any warrant, order or other instrument addressed to the general manager of a correctional centre describing the correctional centre by its situation or other definite description is valid whatever the formal description of the correctional centre.(2) (Repealed)(3) A warrant addressed to the general manager of a correctional centre may be received by the general manager of any other correctional centre or by the person in charge of any police station or court cell complex.(4) A warrant addressed to the person in charge of a police station may be received by the person in charge of any other police station or by the general manager of a correctional centre.(5) Nothing in this section authorises the detention of a person for the whole or part of a sentence in one or more police stations for more than one month at a time.(6) This section applies in respect of a residential facility and a manager of a residential facility in the same way as it applies to a correctional centre and a general manager of a correctional centre.
262 Effect of certain warrants
(1) A warrant issued by the Commissioner or the Parole Authority under this Act has the same effect as a warrant issued by a court.(2) All courts and persons acting judicially must take judicial notice of a warrant issued by the Commissioner or the Parole Authority under this Act.
263 Exclusion of personal liability
(1) An act or omission:(a) by a body constituted by this Act, or(b) by a person who is a member of such a body or a member of staff of such a body, or(c) by a correctional officer or by any other person on whom functions are conferred or imposed by or under this Act, or(d) by any person acting under the direction of a body or person referred to in paragraph (a), (b) or (c),does not subject a person referred to in paragraph (b), (c) or (d) personally to any action, liability, claim or demand if the act or omission was done or omitted to be done in good faith in the administration or execution of this Act or of any other Act that confers or imposes any functions on a correctional officer.(2) In particular, such a person is not personally liable in respect of:(a) anything properly and necessarily done by the person in the course of carrying out a medical examination or medical test if the person believed on reasonable grounds that the examination or test was authorised or required to be carried out by this Act or the regulations, or(b) the disclosure, in accordance with the regulations, of information obtained in the course of any such examination or test.(3) In this section:correctional officer includes a person holding an authority under section 240 to perform custodial duties.
264 Wearing or possession of correctional officer uniform by others
(1) A person (not being a correctional officer) who wears, or has in his or her possession, a correctional officer uniform is guilty of an offence.Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.
(2) A person is not guilty of an offence against this section if the person establishes:(a) that the person had the permission of the Commissioner to wear or possess the uniform, or(b) that the person wore or was in possession of the uniform for the purposes of a public entertainment, or(c) that the person had a reasonable excuse for wearing or being in possession of the uniform.(3) In this section, correctional officer uniform means the uniform of a correctional officer, and includes:(a) any parts of such a uniform (or any accoutrements of a correctional officer) that are generally recognised as parts of the uniform or accoutrements of a correctional officer, or(b) a reasonable imitation of such a uniform, parts of a uniform or accoutrements.
265 Impersonating correctional officer
A person who impersonates a correctional officer is guilty of an offence.Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.
Proceedings for offences against this Act or the regulations are to be dealt with summarily before the Local Court.
(1) In this section:research means research in connection with:
(a) the administration or management of correctional centres or any other facilities administered or managed by Corrective Services NSW or a management company, or(b) services provided to offenders by or on behalf of Corrective Services NSW or a management company, or(c) the circumstances relating to offenders, or(d) workplace or industrial relations matters relating to correctional centres or any other facilities administered or managed by Corrective Services NSW or a management company, or(e) some other aspect of penology.(2) A person must apply to the Commissioner for approval to conduct research that involves the person (or persons acting under the direction of that person) obtaining access to:(a) information held by Corrective Services NSW or a management company, or(b) facilities administered or managed by Corrective Services NSW or a management company, or(c) persons employed in, or engaged by contract to, Corrective Services NSW or a management company, or(d) persons in the custody of, or supervised by, Corrective Services NSW or a management company.(3) In determining such an application, the Commissioner may have regard to any recommendations made by an ethics committee established by the Commissioner in accordance with the regulations.(4) The Commissioner may approve an application subject to conditions or unconditionally, and may give access to such information, facilities or persons, or give access in such manner, as the Commissioner considers appropriate.(5) If the Commissioner refuses to approve an application, the Commissioner must give the applicant reasons in writing for the refusal.(6) A person to whom any such access is given must not use any information obtained in connection with that access, or created as a result of that access, in a manner:(a) that contravenes any conditions imposed by the Commissioner as to its use, or(b) that enables the identity of any person to whom the information relates to be ascertained.Maximum penalty: 2 penalty units.
(7) Corrective Services NSW may, either alone or in conjunction with a university body or another person or organisation, undertake research in connection with matters referred to in subsection (1).
268 Funds payable to certain organisations
(1) The Minister may, out of money provided by Parliament or otherwise legally available, make payments to such bodies or organisations undertaking the provision of aid and assistance to offenders, discharged offenders and relatives of offenders as the Minister may approve.(2) Any such payments are to be subject to such conditions as the Minister may impose.
269 Sheriff’s functions preserved
Nothing in this Act limits or affects the functions conferred or imposed on the Sheriff by or under this or any other Act or law.
270 Prerogative of mercy preserved
Nothing in this Act limits or affects the prerogative of mercy.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient for carrying out or giving effect to this Act.(2) A regulation may create an offence punishable by a penalty not exceeding 20 penalty units.
271A Regulations relating to high risk violent offenders under the Crimes (High Risk Offenders) Act 2006
(1) The regulations may provide for the preparation and implementation of plans of management in respect of persons who are high risk violent offenders, and the provision of services and programs in respect of those persons, by Corrective Services NSW.(2) The regulations may confer functions on the Review Council in respect of high risk violent offenders.(3) A person is a high risk violent offender if the person is the subject of:(a) a high risk violent offender extended supervision order under the Crimes (High Risk Offenders) Act 2006, or(b) a high risk violent offender continuing detention order under that Act, or(c) an interim supervision order made under section 10B of that Act, or(d) an interim detention order made under section 18B of that Act.
272 Savings, transitional and other provisions
Schedule 5 has effect.
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.