Chapter 1 Preliminary

1   Name of Regulation

This Regulation is the Crimes (Administration of Sentences) Regulation 2001.

2   Commencement

This Regulation commences on 1 September 2001.

3   Definitions

(1)  Words and expressions that are defined in the Dictionary have the meanings set out in the Dictionary.

(2)  For the purposes of this Regulation:

(a)  a person who has a thing in his or her custody or under his or her control is taken to have the thing in his or her possession, and

(b)  a correctional officer who is temporarily relieving another correctional officer at a post is taken to be stationed at the post.

(3)  In this Regulation:

(a)  a reference to a correctional centre includes a reference to a correctional complex, and

(b)  a reference to a Form is a reference to a Form set out in Schedule 4.

4   Notes

The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.

Chapter 2 Full-time imprisonment

Part 1 Admission procedures

Division 1 Recording and provision of information

5   Information to be recorded in relation to inmates

(cf clause 21 of Correctional Centre Routine Regulation 1995)

(1)  As soon as practicable after an inmate is received into a correctional centre, the general manager must cause to be recorded in relation to the inmate:

(a)  such of the information referred to in Schedule 1 as is relevant to the inmate, and

(b)  such other information as the Commissioner considers appropriate to be recorded.

(2)  An inmate must not furnish any information for the purposes of this clause knowing it to be false or misleading in a material particular.

Note. Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.

6   Inmates to be notified of rights and obligations

(cf clause 26 of Correctional Centre Routine Regulation 1995)

As soon as practicable after an inmate is first received into a correctional centre, the general manager must cause the inmate to be informed of:

(a)  the correctional centre rules (that is, the terms of any general directions given under Part 2 of the Act or under this Chapter), and

(b)  the inmate’s obligations as to discipline and conduct, and

(c)  the inmate’s rights as to legal representation and appeal, and

(d)  the case management process, and

(e)  the authorised methods of seeking information and making complaints, and

(f)  the role of an Official Visitor, and

(g)  the functions of the Review Council in relation to the segregation and protective custody of inmates, and

(h)  any other matter necessary to enable the inmate to understand the inmate’s rights and obligations and adapt to living in the centre.

7   Information for inmates who are nationals of other countries

(cf clause 28 of Correctional Centre Routine Regulation 1995)

(1)  As soon as possible after an inmate who is a national of another country is received into a correctional centre, the general manager must cause the inmate to be informed that, if the inmate makes a written application for that purpose, the diplomatic or consular representative of that country will be informed of the inmate’s imprisonment.

(2)  If the inmate makes such an application, the general manager must inform the consular representative without delay.

Division 2 Surrender of property

8   Surrender of property by inmate

On being received into a correctional centre, an inmate must surrender to an authorised officer all property that is then in the inmate’s possession.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

9   Delivery of property by police and other persons

(cf clause 31 (1) of Correctional Centre Routine Regulation 1995)

If, at the time of an inmate’s reception into a correctional centre, any of the inmate’s property is brought to the centre by:

(a)  a police officer or correctional officer, or

(b)  any other person of a class specified by the Commissioner,

that property is to be delivered to the general manager.

10   How property surrendered on reception to be dealt with

(cf clause 29 of Correctional Centre Routine Regulation 1995)

(1)  On receiving property surrendered or delivered in connection with an inmate’s reception into a correctional centre, the general manager must determine which items of property may, and which may not, be retained at the centre.

(2)  Property that the general manager determines may be retained at a correctional centre:

(a)  may be returned to the inmate for use in the centre unless to do so would, in the general manager’s opinion, constitute a security or safety risk, or

(b)  may be retained by the general manager for return to the inmate on the inmate’s release from custody.

(3)  Property that the general manager determines may not be retained at a correctional centre is to be made available for collection by such person as the inmate nominates, and the person so nominated is to be notified that the property is available for collection and should be collected within the next 30 days.

(4)  If the inmate fails to nominate a person to collect the property, or if the person so nominated fails to collect the property within 30 days after being notified of its availability for collection, the property may be disposed of in such manner as the general manager considers appropriate, and, if sold, the proceeds of sale are to be held to the credit of the inmate.

(5)  Despite any other provision of this clause:

(a)  any money surrendered by an inmate is to be held to the credit of the inmate, and

(b)  any unhygienic or infectious clothing surrendered by an inmate is to be destroyed if the general manager is satisfied that its value is less than the cost of getting it cleaned.

11   Property records

(cf clause 30 of Correctional Centre Routine Regulation 1995)

(1)  The general manager of a correctional centre must cause a record to be kept of all property surrendered or delivered in connection with an inmate’s reception into the centre.

(2)  Such a record must contain the following information:

(a)  a description of the property,

(b)  the date on which the property was received,

(c)  whether the property was retained, collected or disposed of,

(d)  if the property was collected:

(i)  the date on which it was collected, and

(ii)  the name, address and signature of the person by whom it was collected,

(e)  if the property was disposed of:

(i)  the date on which it was disposed of, and

(ii)  the manner in which it was disposed of, and

(iii)  if it was sold, the amount for which it was sold,

(f)  any other incidental particulars.

Part 2 Case management and classification

Division 1 Case management

12   Case plans to be prepared for all inmates

(1)  A case plan is to be prepared and adopted for each inmate in a correctional centre.

(2)  The Commissioner must ensure that the first case plan is prepared and adopted as soon as practicable after the inmate is received into the correctional centre.

(3)  Subsequent case plans are to be prepared and adopted:

(a)  not later than 6 months after the previous case plan was adopted, and

(b)  if the sentencing court’s comments in relation to an inmate are unavailable when the first case plan is prepared, as soon as practicable after any such comments become available, and

(c)  if a report is sent to the Commissioner under clause 18, as soon as practicable after the report is received, and

(d)  at such other times as the Commissioner may determine.

(4)  The procedure for preparing and adopting a case plan is as set out in this Division.

13   Contents of case plan

(1)  An inmate’s case plan must indicate:

(a)  the inmate’s classification for the time being, and

(b)  the correctional centre at which the inmate is to be held for the time being, and

(c)  the services and programs in which the inmate should be encouraged to participate.

(2)  An inmate’s case plan may deal with any matter relating to the management of the inmate, including:

(a)  the provision of health care services to the inmate, and

(b)  in the case of an inmate who appears to be at risk of self-harm, the preparation of a strategy to minimise the likelihood of self-harm occurring, and

(c)  in the case of an inmate who has a disability, the preparation of a strategy to minimise any disadvantage suffered by the inmate on account of the disability, particularly in relation to the inmate’s suitability to carry out work, and

(d)  in the case of an inmate who is an Aboriginal person, the implementation in relation to the inmate of the recommendations contained in the report of the Royal Commission into Aboriginal Deaths in Custody, and

(e)  the provision of services and programs to the inmate under Division 5 of Part 3 of this Chapter, and

(f)  the provision of pre-release and post-release assistance to the inmate (such as advice on the availability within the community of financial, accommodation and employment assistance and of medical and counselling services and alcohol and other drug treatment programs).

(3)  In preparing an inmate’s case plan, regard is to be had to the following matters:

(a)  the sentencing court’s comments in relation to the inmate,

(b)  any assessment that has been made as to the inmate’s physical or mental health,

(c)  whether or not the inmate is likely to be deported from Australia,

(d)  the inmate’s criminal history and correctional centre history,

(e)  any assessment that has been made (whether by officers of the Department or of any other government department or public authority) as to:

(i)  the level of risk that the inmate poses to good order and security, and

(ii)  the likelihood that the inmate may try to escape from custody, and

(iii)  the underlying causes of the inmate’s criminal behaviour, and

(iv)  the likelihood of the inmate committing further offences, whether of the same or of a different kind,

(f)  the need to protect the community,

(g)  the resources available to the correctional centre at which the inmate is to be held in relation to the implementation of the plan.

14   Departmental officers to prepare recommendations

(1)  Recommendations with respect to an inmate’s case plan are to be prepared by one or more Departmental officers nominated by the Commissioner (the nominated officer).

(2)  The nominated officer must take all reasonable steps to enable the inmate to participate in the development of the recommendations.

(3)  If inconsistent with the sentencing court’s comments in relation to the inmate, the recommendations must draw attention to, and give reasons for, the inconsistency.

(4)  The nominated officer must take all reasonable steps to ensure that the recommendations with respect to an inmate are submitted to the nominated review officer referred to in clause 15 within 21 days after being called on to prepare them.

(5)  In the case of an inmate who is serving a sentence of more than 2 years, the functions of the nominated officer under this clause are to be exercised by a committee of 2 or more Departmental officers nominated by the Commissioner.

(6)  The constitution and procedure of such a committee is to be determined by the Commissioner.

15   Consideration of recommendations by Departmental officers

(1)  The recommendations prepared in accordance with clause 14 with respect to an inmate’s case plan are to be reviewed by one or more departmental officers nominated by the Commissioner (the nominated review officer), who are to prepare a report on those recommendations.

(2)  The nominated review officer must take all reasonable steps to ensure that the report with respect to an inmate is submitted within 28 days of the recommendations being prepared:

(a)  to the Commissioner, and

(b)  in the case of a report that relates to a serious offender, or an inmate who has a high security or extreme high security designation, to the Review Council.

16   Consideration of certain case plans by Review Council

(1)  The Review Council is to review any report prepared in accordance with clause 15 in relation to a serious offender, or an inmate who has a high security or extreme high security designation.

(2)  The Review Council may furnish to the Commissioner such submissions with respect to any such report as it considers appropriate.

17   Adoption of case plan by Commissioner

(1)  After considering:

(a)  the report prepared in accordance with clause 15 with respect to an inmate’s case plan, and

(b)  any advice by the Review Council in relation to the report,

      the Commissioner must adopt a case plan for the inmate.

(2)  The Commissioner is not bound to follow the recommendations in the report or the advice of the Review Council.

18   General manager’s report as to inmate’s placement

(cf clause 19 of Correctional Centre Routine Regulation 1995)

If the general manager of a correctional centre considers that an inmate in the centre, or an inmate transferred, or proposed to be transferred, to the centre, is unsuitable for placement or for continued placement in the centre, the general manager must cause a report to be sent:

(a)  to the Commissioner, and

(b)  in the case of a report that relates to a serious offender, or an inmate who has a high security or extreme high security designation, to the Review Council,

setting out the reasons why the inmate should not be placed, or continue to be placed, in the centre.

19   Consideration of certain reports by Review Council

(1)  The Review Council is to review any report prepared by the general manager of a correctional centre with respect to the placement, or continued placement, in the centre of an inmate who is a serious offender, or an inmate who has a high security or extreme high security designation.

(2)  The Review Council may furnish to the Commissioner such submissions with respect to any such report as it considers appropriate.

20   Decision by Commissioner as to inmate’s placement

(1)  After considering:

(a)  any report prepared by the general manager of a correctional centre with respect to the placement, or continued placement, in the centre of an inmate who is a serious offender, or an inmate who has a high security or extreme high security designation, and

(b)  any submissions by the Review Council in relation to the report,

      the Commissioner must make a decision with respect to the inmate’s placement, or continued placement, in the centre.

(2)  The Commissioner is not bound to follow the recommendations in the report.

(3)  If the Commissioner is of the opinion that there are urgent reasons for doing so, the Commissioner may make a decision with respect to the transfer of an inmate who is a serious offender or an inmate who has a high security or extreme high security designation without giving the Review Council an opportunity to make submissions.

(4)  The Commissioner must notify the Review Council of any decision made under subclause (3).

(5)  After considering the report prepared by the general manager, the Review Council may recommend to the Commissioner that the Commissioner reconsider a decision made under subclause (3).

21   Linguistic and cultural factors to be considered

(cf clause 20 of Correctional Centre Routine Regulation 1995)

(1)  On becoming aware that an inmate who is being interviewed for the purposes of this Part may be disadvantaged by linguistic or cultural factors, an interviewer must take all reasonable steps to ensure that the inmate has the assistance of a person who can act as an appropriate interpreter or cultural representative.

(2)  Such a person need not be present at the interview so long as he or she is available to the inmate by telephone during the interview.

(3)  If the interviewer makes a report that assesses an inmate for the purposes of this Part, the interviewer:

(a)  must take into consideration any linguistic or cultural factors that may disadvantage the inmate, and

(b)  must refer in the report to the extent to which, in the interviewer’s opinion, those factors are significant in relation to the assessment.

Division 2 Classification and designation of inmates

22   Classification of male inmates

(cf clause 10 of Correctional Centre Routine Regulation 1995)

(1)  Each male inmate is to be classified in one of the following categories for the purposes of security and the provision of appropriate development programs:

Category AA, being the category of inmates who, in the opinion of the Commissioner, represent a special risk to national security (for example, because of a perceived risk that they may engage in, or incite other persons to engage in, terrorist activities) and should at all times be confined in special facilities within a secure physical barrier that includes towers or electronic surveillance equipment.

Category A1, being the category of inmates who, in the opinion of the Commissioner, represent a special risk to good order and security and should at all times be confined in special facilities within a secure physical barrier that includes towers or electronic surveillance equipment.

Category A2, being the category of inmates who, in the opinion of the Commissioner, should at all times be confined by a secure physical barrier that includes towers, other highly secure perimeter structures or electronic surveillance equipment.

Category B, being the category of inmates who, in the opinion of the Commissioner, should at all times be confined by a secure physical barrier.

Category C1, being the category of inmates who, in the opinion of the Commissioner, should be confined by a physical barrier unless in the company of a correctional officer or some other person authorised by the Commissioner.

Category C2, being the category of inmates who, in the opinion of the Commissioner, need not be confined by a physical barrier at all times but who need some level of supervision by a correctional officer or some other person authorised by the Commissioner.

Category C3, being the category of inmates who, in the opinion of the Commissioner, need not be confined by a physical barrier at all times and who need not be supervised.

(2)  Subject to clause 27, the Commissioner may at any time vary or revoke a classification under this clause.

(3)  Male inmates who are classified in Category AA are prescribed to be serious offenders, as referred to in paragraph (f) of the definition of serious offender in section 3 (1) of the Act.

23   Classification of female inmates

(cf clause 10 of Correctional Centre Routine Regulation 1995)

(1)  Each female inmate is to be classified in one of the following categories for the purposes of security and the provision of appropriate development programs:

Category 5, being the category of inmates who, in the opinion of the Commissioner, represent a special risk to national security (for example, because of a perceived risk that they may engage in, or incite other persons to engage in, terrorist activities) and should at all times be confined in special facilities within a secure physical barrier that includes towers or electronic surveillance equipment.

Category 4, being the category of inmates who, in the opinion of the Commissioner, should at all times be confined in special facilities within a secure physical barrier that includes towers or electronic surveillance equipment.

Category 3, being the category of inmates who, in the opinion of the Commissioner, should be confined by a physical barrier unless in the company of a correctional officer or some other person authorised by the Commissioner.

Category 2, being the category of inmates who, in the opinion of the Commissioner, need not be confined by a physical barrier at all times but who need some level of supervision by a correctional officer or some other person authorised by the Commissioner.

Category 1, being the category of inmates who, in the opinion of the Commissioner, need not be confined by a physical barrier at all times and who need not be supervised.

(2)  Subject to clause 27, the Commissioner may at any time vary or revoke a classification under this clause.

(3)  Female inmates who are classified in Category 5 are prescribed to be serious offenders, as referred to in paragraph (f) of the definition of serious offender in section 3 (1) of the Act.

24   Escape-risk classifications

(cf clause 11 of Correctional Centre Routine Regulation 1995)

(1)  Each inmate (male or female) who commits an escape offence in New South Wales or elsewhere (whether or not he or she is prosecuted or convicted in respect of the offence) is, for the first case plan following the commission of the offence, to be classified in one of the following categories:

Category E1, being the category of inmates who, in the opinion of the Commissioner, represent a special risk to security and should at all times be confined:

(a)  in special facilities within a secure physical barrier that includes towers or electronic surveillance equipment, or

(b)  by a secure physical barrier that includes towers, other highly secure perimeter structures or electronic surveillance equipment.

Category E2, being the category of inmates who, in the opinion of the Commissioner, should at all times be confined by a secure physical barrier.

(2)  An inmate’s classification under this clause overrides the inmate’s classification under clause 22 or 23.

(3)  Despite subclause (2), the Commissioner may determine that an inmate not be classified under this clause if the inmate was under the age of 18 years when the escape offence was committed.

(4)  Subject to clause 27, the Commissioner may at any time vary or revoke a classification under this clause.

(5)  In this clause, escape offence means an offence of escaping from lawful custody or an offence of attempting or conspiring to escape from lawful custody.

25   Designation of high security and extreme high security inmates

(cf clause 20B of Correctional Centre Routine Regulation 1995)

(1)  The Commissioner may designate an inmate as a high security inmate if of the opinion that the inmate constitutes:

(a)  a danger to other people, or

(b)  a threat to good order and security.

(2)  The Commissioner may designate an inmate as an extreme high security inmate if of the opinion that the inmate constitutes:

(a)  an extreme danger to other people, or

(b)  an extreme threat to good order and security.

(3)  Subject to clause 27, the Commissioner may at any time vary or revoke a designation under this clause.

26   Management of high security and extreme high security inmates

(cf clause 20C of Correctional Centre Routine Regulation 1995)

The Commissioner may make determinations with respect to the following:

(a)  the placement in correctional centres of high security and extreme high security inmates,

(b)  the movement of high security and extreme high security inmates for any purpose,

(c)  any additional security arrangements to be imposed in respect of high security and extreme high security inmates,

(d)  case plans for high security and extreme high security inmates,

(e)  any other matter that is relevant to the management of high security and extreme high security inmates.

27   Variation of classification and designation of certain inmates

(1)  The Commissioner:

(a)  must not cause an inmate who has an escape-risk classification to cease to have such a classification, and

(b)  must not cause an inmate who has a high security or extreme high security designation:

(i)  to have that designation varied to another such designation, or

(ii)  to cease to have such a designation, and

(c)  must not cause a serious offender to have his or her classification changed,

      without seeking and considering the recommendations of the Review Council in that regard.

(2)  In the case of an inmate who has an escape-risk classification, the Review Council:

(a)  is not to make a recommendation for the purposes of subclause (1) (a) unless it is satisfied that there are special circumstances that, in the opinion of the Review Council, justify the reclassification, and

(b)  need not entertain any application made to it by an inmate for the purposes of subclause (1) (a) if, on the face of the application and any document submitted in support of it, it appears to the Council that the application:

(i)  is not substantially different from a previous application, made by or on behalf of the same inmate, that the Council has rejected, or

(ii)  is frivolous or vexatious.

(3)  If the Commissioner varies the classification or designation of an inmate under this clause in a manner that is contrary to the recommendations of the Review Council, the Commissioner must cause notice of that fact to be given to the Review Council.

28   High security classification of inmates for purposes of interstate leave permits

(cf clause 11A of Correctional Centre Routine Regulation 1995)

Male inmates classified as AA, A1, A2, E1 or E2, and female inmates classified as Category 5, 4, E1 or E2, are taken to have high security classifications for the purposes of section 29 of the Act.

28A   Information to be considered for classification purposes

For the purpose of making any decision with respect to a person’s classification under this Division, consideration must be given to any advice received from the NSW Police Force or from any other public authority (whether of this or any other State or Territory or of the Commonwealth) established for law enforcement, security or anti-terrorist purposes.

Division 3

29–31(Repealed)

Part 3 Correctional centre routine

Division 1 Separation and accommodation

32   Separation of different classes of inmates

(cf clause 8 of Correctional Centre Routine Regulation 1995)

(1)  For the purposes of this clause, each inmate is to be included in one of the following classes:

(a)  convicted inmate,

(b)  unconvicted inmate,

(c)  civil inmate.

(2)  As far as practicable inmates of any class are to be kept separate from inmates of any other class.

(3)  Within each class, the Commissioner may direct that the following inmates be kept separate from other inmates:

(a)  those inmates who have not previously been imprisoned,

(b)  those inmates who would be at risk if not separated from other inmates,

(c)  those inmates who are forensic patients within the meaning of the Mental Health Act 1990,

(d)  those inmates who are imprisoned:

(i)  pursuant to a warrant issued by the State Debt Recovery Office under section 87 of the Fines Act 1996, or

(ii)  as fine defaulters under the laws of the Commonwealth or the Australian Capital Territory.

33   Separation of sexes

(cf clause 7 of Correctional Centre Routine Regulation 1995)

Female inmates must be kept separate from male inmates except in such circumstances and under such supervision as the Commissioner determines.

34   Separation for health reasons

(cf clause 9 of Correctional Centre Routine Regulation 1995)

Inmates found or suspected to be in an infectious or verminous condition may be kept separate from other inmates.

35   (Repealed)

36   Accommodation

(cf clause 5 of Correctional Centre Routine Regulation 1995)

(1)  Each inmate must be housed in and occupy a cell by himself or herself, unless for medical or other sufficient reason it is necessary for inmates to be associated.

(2)  If it is necessary for inmates to be associated, the inmates required to be associated (whether in a cell or in dormitory accommodation) must be carefully selected.

(3)  Each inmate must be provided with a separate bed and sufficient clean bedding to suit the climatic conditions.

Division 2 Correctional centre routine

37   Hours of work and general routine

(cf clause 38 of Correctional Centre Routine Regulation 1995)

(1)  The Commissioner is to determine the hours of work and general routine for each correctional centre.

(2)  The Commissioner may determine different hours of work and different general routines for different parts of a correctional centre.

38   Restriction on work that civil inmates and unconvicted inmates may be required to perform

(cf clause 56 of Correctional Centre Routine Regulation 1995)

(1)  Civil inmates and unconvicted inmates are not to be required to work otherwise than as provided by this clause.

(2)  The general manager of a correctional centre may require a civil inmate or unconvicted inmate to ensure that any yard or other section of the correctional centre that he or she uses is kept clean.

(3)  A civil inmate or unconvicted inmate must comply with any requirement under this clause.

Note. Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.

39   Inmates to comply with correctional centre routine

(cf clause 39 of Correctional Centre Routine Regulation 1995)

An inmate must comply with the hours of work and general routine for the correctional centre or part of the correctional centre in which the inmate is detained.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

40   Inmates not to enter other cells

(cf clause 6 of Correctional Centre Routine Regulation 1995)

An inmate must not enter a cell that has not been allocated for use by the inmate otherwise than:

(a)  with the permission of the general manager or a correctional officer, or

(b)  in compliance with a direction given by the general manager or a correctional officer.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

41   Calls to muster

(cf clause 40 (1) of Correctional Centre Routine Regulation 1995)

An inmate must immediately attend at any place designated by the general manager, either generally or in a particular case, as a place for mustering inmates:

(a)  when required orally to do so by the general manager or a correctional officer, or

(b)  when summoned by a bell, hooter, siren or whistle used for that purpose.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

42   Misuse of bells, hooters, sirens and whistles

(cf clause 40 (2) of Correctional Centre Routine Regulation 1995)

An inmate must not operate a bell, hooter, siren or whistle used:

(a)  for calling to muster, or

(b)  for giving notice of a fire or other emergency, or of a fire or other emergency drill, or

(c)  for giving notice of any other correctional centre routine,

unless the inmate is authorised to do so by the general manager or a correctional officer or does so with other reasonable excuse.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

43   Avoidance of correctional centre routine

(cf clause 41 of Correctional Centre Routine Regulation 1995)

An inmate must not pretend to be ill or injured for the purpose of avoiding the inmate’s obligations under the Act and this Regulation.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

44   Delivery of articles to and from inmates

(cf clause 106 of Correctional Centre Routine Regulation 1995)

(1)  Except as otherwise provided by this Part, an inmate must not deliver anything to or receive anything from any other inmate.

(2)  With the approval of an authorised officer, an inmate may deliver an article to another inmate.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

45   Creation or possession of prohibited goods

An inmate must not create, or have in his or her possession, prohibited goods.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

46   Searching of inmates

(cf clause 24 of Correctional Centre Routine Regulation 1995)

(1)  A correctional officer may search an inmate at such times as the general manager directs and at such other times as the correctional officer considers appropriate.

(2)  Except in the case of an emergency, an inmate must not be searched by or in the presence of a person of the opposite sex.

(3)  The searching of an inmate must be conducted with due regard to dignity and self-respect and in as seemly a manner as is consistent with the conduct of an effective search.

(4)  An inmate must not resist or impede the conduct of such a search.

Note. Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.

47   Property to be kept in a tidy and orderly manner

(cf clause 33 of Correctional Centre Routine Regulation 1995)

(1)  An inmate must keep his or her property in a tidy and orderly manner and so as not to impede a search of the inmate’s cell.

Note. Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.

(2)  The quantity of property that an inmate keeps in his or her cell is not to exceed such quantity as the general manager may determine and, if it does, the general manager may confiscate such of the property as is necessary to reduce the excess.

(3)  Anything confiscated under this clause:

(a)  is to be dealt with as if it had been surrendered on reception into a correctional centre, or

(b)  is to be disposed of by the general manager in such a manner as is reasonable in the circumstances (taking into account the nature of the material).

48   Books and other material

(cf clauses 60 and 61 of Correctional Centre Routine Regulation 1995)

(1)  An inmate may purchase:

(a)  any book, newspaper or magazine, and

(b)  any record, cassette or compact disk.

(2)  Despite subclause (1), the general manager may refuse to allow an inmate to purchase, and may confiscate, any such book, newspaper, magazine, record, cassette or compact disk if of the opinion that it contains:

(a)  anything that, in the opinion of a nominated officer, is likely to prejudice the good order and security of the correctional centre, or

(b)  any threatening, offensive, indecent, obscene or abusive written or pictorial matter, or

(c)  any offensive, indecent or obscene article.

(3)  Anything confiscated under this clause:

(a)  is to be dealt with as if it had been surrendered on reception into a correctional centre, or

(b)  is to be disposed of by the general manager in such a manner as is reasonable in the circumstances (taking into account the nature of the material).

49   Transfer of property

(cf clause 37 (1) of Correctional Centre Routine Regulation 1995)

The property of an inmate who is transferred from one correctional centre to another is to be delivered to the general manager of the new correctional centre, together with a copy of any record kept by the general manager of the former correctional centre in relation to the property.

Division 3 Food

50   Diet

(cf clause 43 of Correctional Centre Routine Regulation 1995)

(1)  An inmate must be supplied each day with food in accordance with a diet designed to provide a dietary intake generally in accordance with the dietary intakes recommended for the time being, and published, by the National Health and Medical Research Council.

(2)  The diet:

(a)  must be varied, and

(b)  must provide adequate amounts of each essential nutrient from basic foods, and

(c)  must be planned to ensure optimal nutritional health.

(3)  The diet of an inmate having special dietary needs is to be planned having regard to those needs.

51   Complaints about correctional centre food

(cf clause 46 of Correctional Centre Routine Regulation 1995)

(1)  An inmate wishing to complain about the quantity or quality of the food supplied by a correctional centre must do so promptly.

(2)  The inmate is responsible for substantiating the complaint.

52   Purchase of food by inmates

(cf clauses 44, 45, 47 and 48 of Correctional Centre Routine Regulation 1995)

(1)  The general manager of a correctional centre may permit an inmate:

(a)  to purchase food available for purchase at the centre or outside the centre, or

(b)  to arrange for the supply of food from outside the centre.

(2)  An inmate must not purchase food, or arrange for the supply of food from outside a correctional centre, unless permitted to do so as referred to in subclause (1).

(3)  An inmate must not receive or have in his or her possession any food other than food supplied by a correctional centre or food that he or she is permitted to purchase or be supplied with under this clause.

(4)  An inmate supplied with food from outside a correctional centre must ensure that none of it is received by another inmate.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

Division 4 Health and cleanliness

53   Daily exercise

(cf clause 53 of Correctional Centre Routine Regulation 1995)

(1)  Each inmate (other than one who is confined to cell under section 53 or 56 of the Act) is to be allowed at least 2 hours each day for exercise in the open air.

(2)  Each inmate who is confined to cell under section 53 or 56 of the Act is to be allowed at least 1 hour each day for exercise in the open air.

(3)  An inmate’s entitlement to exercise under this clause is subject to such practical limitations as may from time to time arise in connection with the administration of the correctional centre concerned.

54   Dental and optical treatment and artificial medical appliances

(cf clause 52 of Correctional Centre Routine Regulation 1995)

Dental treatment, optical treatment and hearing aids and other artificial medical appliances are to be supplied to inmates in such manner and to such extent as the Chief Executive Officer, Justice Health, from time to time determines.

55   Destruction of unhygienic property

(cf clause 51 of Correctional Centre Routine Regulation 1995)

(1)  Any food, personal effects or articles of clothing belonging to an inmate at a correctional centre may be destroyed if the general manager considers it necessary for the maintenance of hygiene.

(2)  Before any such property is destroyed, the general manager must, if practicable, cause the inmate to be informed of the proposed destruction and the reason.

56   Personal cleanliness

(cf clause 49 of Correctional Centre Routine Regulation 1995)

An inmate must obey directions given by or with the authority of the general manager, either generally or individually, in regard to washing, showering, bathing, shaving and hair cutting.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

57   Wearing of correctional centre clothing

(cf clause 54 of Correctional Centre Routine Regulation 1995)

(1)  Unless otherwise authorised by the general manager, an inmate must at all times wear the uniform clothing and footwear issued to the inmate, and must not at any time wear any other clothing.

(2)  This clause does not apply to an inmate while attending court.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

58   Cleanliness of cells and their contents

(cf clause 50 of Correctional Centre Routine Regulation 1995)

(1)  An inmate must keep the inmate’s cell, utensils, clothing, bedding and any other issued articles clean, tidy and in good order and in accordance with any directions given by a correctional officer.

(2)  An inmate must not wilfully damage, destroy or deface the inmate’s cell.

(3)  An inmate must not dispose of, or wilfully alter, damage or destroy, any clothing, bedding or other article issued to the inmate.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

59   Condoms and dental dams

(cf clause 56A–56D of Correctional Centre Routine Regulation 1995)

(1)  Condoms (together with plastic disposal bags) are to be made available free of charge in each correctional centre in which there are male inmates, and disposal units are to be installed in each such correctional centre for their disposal.

(2)  Dental dams (together with plastic disposal bags) are to be made available free of charge in each correctional centre in which there are female inmates, and disposal units are to be installed in each such correctional centre for their disposal.

(3)  An inmate must not obtain possession of any condom or dental dam otherwise than:

(a)  from a dispensing machine installed in the correctional centre for use by inmates, or

(b)  in accordance with such other arrangements as are approved by the general manager of that correctional centre.

(4)  An inmate must not use a condom or dental dam otherwise than for the purpose of sexual activity.

(5)  As soon as practicable after using a condom or dental dam, an inmate must dispose of it:

(a)  by placing it in a plastic disposal bag, and

(b)  by placing the plastic disposal bag in a disposal unit.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

Division 5 Inmate services and programs

60   Inmate services and programs

(cf clauses 57 and 58 of Correctional Centre Routine Regulation 1995)

(1)  The Commissioner may provide an inmate with services and programs that:

(a)  offer the inmate an opportunity to develop skills, behaviours and attitudes that lessen the likelihood of the inmate re-offending, or

(b)  contribute to the inmate living in society after release from custody, or

(c)  promote the health, safety and well-being of the inmate.

(2)  Without limiting subclause (1), such services and programs may include:

(a)  welfare services,

(b)  services for inmates who have disabilities,

(c)  alcohol and other drug counselling services,

(d)  psychological counselling services,

(e)  literacy and numeracy programs,

(f)  educational and vocational training programs, including the provision of libraries,

(g)  pre-release and post-release programs to enable inmates to adapt to normal lawful community life,

(h)  sports and recreational activities.

(3)  In the exercise of a function under this clause, the Commissioner must give special attention to the needs of inmates who have low literacy or numeracy.

(3A)  The Commissioner must also give special attention to the needs of inmates who have a disability.

(4)  Services and programs may be provided by correctional officers or by other persons approved by the Commissioner.

(5)  A person employed or otherwise engaged in the provision of a service or program:

(a)  is subject to the directions of the Commissioner in respect of the nature and scope of the service or program and its method of delivery, and

(b)  is subject to the directions of the general manager in respect of any matter affecting the good order and security of the correctional centre.

61   Behaviour of inmates participating in services and programs

(cf clause 59 of Correctional Centre Routine Regulation 1995)

While participating in a service or program provided under this Part, an inmate must comply with any lawful and reasonable direction of the person employed or otherwise engaged in the provision of the service or program.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

Division 6 Spiritual welfare

62   Accreditation of chaplains

(cf clause 68 of Correctional Centre Routine Regulation 1995)

(1)  A minister of religion may not perform the functions of a chaplain in a correctional centre unless the minister:

(a)  is accredited by the Commissioner in accordance with subclause (1A), and

(b)  is permitted by the appropriate authority for the religious organisation of which the minister is a member to work as a chaplain in the correctional centre.

(1A)  The Commissioner may, by instrument in writing, accredit a minister of religion who has been endorsed by the Civil Chaplaincies Advisory Committee to work as a full-time, part-time or sessional chaplain to inmates, correctional officers and Departmental officers at a correctional centre.

(1B)  The Commissioner must not accredit a minister of religion unless the minister has undergone a criminal record check and been found by the Commissioner to be suitable to work as a chaplain in the centre.

(2)  The Commissioner may, at any time, by instrument in writing, revoke any such accreditation.

(3)  The Commissioner must give to the Civil Chaplaincies Advisory Committee written notice of any revocation.

63   Privileges of accredited chaplains

(cf clause 69 of Correctional Centre Routine Regulation 1995)

(1)  With the approval of the general manager, an accredited chaplain:

(a)  may, when visiting a correctional centre, be accompanied by assistants, whether ministers of religion or lay persons who are wholly or partly engaged in duties of a religious nature, and

(b)  may arrange for inmates to be visited by persons suitably qualified in counselling, vocational guidance or other services, and

(c)  may authorise, in writing, another minister of religion to act in his or her place during his or her absence.

(2)  A person who is authorised to act for an accredited chaplain is taken to be an accredited chaplain for the purposes of this Division.

(3)  An accredited chaplain is answerable to the Commissioner for the conduct of any assistant who accompanies the accredited chaplain when visiting a correctional centre.

64   Responsibilities of accredited chaplains

(cf clause 70 of Correctional Centre Routine Regulation 1995)

(1)  An accredited chaplain is responsible for the spiritual care of inmates, correctional officers and Departmental officers at the correctional centre to which he or she is accredited.

(2)  An accredited chaplain’s responsibilities include:

(a)  visiting inmates who are sick, injured, confined to cell or segregated from other inmates, and

(b)  visiting inmates (or arranging for them to be visited by another minister of religion of the same denomination) in circumstances in which they are suffering from a potentially fatal illness or injury.

65   Powers of accredited chaplains

(cf clause 71 of Correctional Centre Routine Regulation 1995)

(1)  On Sundays or other recognised days of religious observance, and on such other days as the general manager may permit, an accredited chaplain:

(a)  may hold or conduct such rites, services or assemblies as pertain to the accredited chaplain’s denomination, or

(b)  with the permission of the general manager, may hold or conduct combined services in association with ministers of religion of other denominations.

(2)  An accredited chaplain may minister to an inmate who is not of the accredited chaplain’s denomination, but only with the consent of the inmate and, if an accredited chaplain of the inmate’s denomination has been appointed to the correctional centre, that accredited chaplain.

(3)  With the approval of the general manager, an accredited chaplain may pursue such matters as the accredited chaplain considers to be in the interests of the welfare of inmates at the correctional centre to which he or she is accredited, and of their families.

66   Access to inmates

(cf clauses 72 and 73 of Correctional Centre Routine Regulation 1995)

(1)  An accredited chaplain is entitled:

(a)  to visit the correctional centre to which he or she is accredited at all reasonable times, but not so as to disturb the ordinary routine of the centre, and

(b)  to have access to inmates of the accredited chaplain’s denomination for the purpose of private and confidential religious ministrations.

(2)  With the approval of the general manager, a minister of religion of a particular denomination who is not accredited in relation to a particular correctional centre:

(a)  may visit the centre, and

(b)  may have access to inmates of that denomination,

      if no other minister of religion of that denomination has been accredited for the centre.

(3)  On request by an inmate belonging to a denomination for which no minister of religion has been accredited, the general manager (after consultation with accredited chaplains) may arrange for the inmate to be visited by a minister of religion of that denomination.

(3A)  A decision by the general manager to grant a request under subclause (3) does not affect the number of visits and maximum number of visitors to which the inmate may be entitled under clauses 75 and 76.

(4)  A minister of religion is entitled to have access to an inmate under this clause beyond the hearing (but within the sight) of a correctional officer.

(5)  An inmate’s objection to being visited by a minister of religion is to be fully respected.

67   Participation of inmates in religious observances

(cf clause 75 of Correctional Centre Routine Regulation 1995)

(1)  An inmate may attend the following rites, services and assemblies conducted at the correctional centre:

(a)  rites, services or assemblies of the inmate’s denomination,

(b)  combined rites, services or assemblies conducted by ministers of religion of the inmate’s denomination in association with ministers of religion of other denominations,

(c)  with the approval of the general manager, rites, services or assemblies of other denominations.

(2)  Religious books, recognised objects of religious devotion and similar items belonging to an inmate are to be treated as approved personal property acquired with the permission of the general manager.

68   Use of chapels

(cf clause 76 of Correctional Centre Routine Regulation 1995)

(1)  A correctional centre chapel or a part of a correctional centre chapel that is used for the conduct of rites, services or assemblies may be used for such other purposes that are in keeping with the nature of the building, as may be determined by the general manager after consultation with the relevant accredited chaplains.

(2)  On request by an accredited chaplain, the general manager of a correctional centre must make available:

(a)  a suitable part of the centre as a correctional centre chapel for the conduct of rites, services or assemblies, and

(b)  suitable facilities for the safekeeping of books and other objects used in connection with the conduct of rites, services or assemblies,

      if no such correctional centre chapel or facilities currently exist.

(2A)  The general manager of a correctional centre is to encourage inmates to use the correctional centre chapel for personal devotion, worship and meditation.

(3)  An inmate must not desecrate or abuse any books or other objects used in connection with the rites, services or assemblies of a religious denomination.

Note. Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.

(4)  A correctional officer or Departmental officer must not damage any books or other objects used in connection with the rites, services and assemblies of a religious denomination, otherwise than in circumstances where the damage is:

(a)  unavoidable, and

(b)  in the course of a search or of carrying out the officer’s duties.

69   Accredited chaplains may advise committees

(cf clause 77 of Correctional Centre Routine Regulation 1995)

(1)  With the approval of the general manager, an accredited chaplain:

(a)  may attend meetings of any committee concerned with the management of the correctional centre to which he or she is accredited, and

(b)  at any such meeting, may offer advice in relation to the welfare of inmates.

(2)  An accredited chaplain is not entitled to vote on any motion or proposal put before such a committee or otherwise to participate in its decisions.

70   Accredited chaplaincy services generally

(cf clause 78 of Correctional Centre Routine Regulation 1995)

(1)  The accredited chaplains, in collaboration with the Commissioner and the appropriate religious authorities, may assist in:

(a)  the development of community support for corrective services, and

(b)  the development and extension of accredited chaplaincy services in correctional centres.

(2)  In consultation with the accredited chaplains and appropriate religious authorities, the Commissioner must from time to time review the effectiveness of the accredited chaplaincy services in correctional centres.

71   Exclusion of ministers of religion on grounds of security

(cf clause 79 of Correctional Centre Routine Regulation 1995)

The Commissioner may prohibit:

(a)  a particular minister of religion, or

(b)  a minister of religion of a particular denomination,

from visiting a correctional centre if of the opinion that it would be prejudicial to the good order and security of the centre to allow such a visit.

72   Inmates’ religious affiliation

(cf clause 74 of Correctional Centre Routine Regulation 1995)

(1)  An inmate who wishes to become a member of a religious denomination, or who wishes to change his or her religious denomination, is to cause written notice of those wishes to be given to the general manager of the correctional centre:

(a)  setting out the inmate’s reasons for wishing to become a member of that denomination, and

(b)  requesting any relevant records kept at the centre to be amended accordingly.

(2)  If satisfied (after consultation with the relevant accredited chaplain) that the request is made in good faith, the general manager is to cause the relevant records to be amended in accordance with the request.

(3)  For the purposes of this Part, an inmate is to be treated as belonging to the religious denomination (if any) that is for the time being shown in the relevant records in relation to the inmate.

(4)  If asked to do so by an accredited chaplain, the general manager must inform the chaplain of the names of all inmates at the correctional centre who are for the time being shown in the relevant records as belonging to the chaplain’s denomination.

Part 4 Visits and communications

Division 1 Visits to inmates

73   Visits generally

(cf clause 80 of Correctional Centre Routine Regulation 1995)

The general manager of a correctional centre may permit a person to visit the centre, either generally or for the purpose of seeing a particular inmate at the centre.

74   Visiting hours

(cf clauses 81 and 82 of Correctional Centre Routine Regulation 1995)

(1)  The periods during which a person may visit a correctional centre are to be as determined by the Commissioner.

(2)  The general manager of a correctional centre is to ensure that the visiting hours are clearly displayed on a notice outside the centre.

(3)  If it is not practicable for a person to visit during visiting hours, the general manager may permit a visit outside those hours, subject to the convenience of the routine of the correctional centre.

(4)  A visit is to be permitted to continue for at least 30 minutes, unless it is terminated or unless it would otherwise extend beyond visiting hours.

75   Number of visits

(cf clauses 83 and 84 of Correctional Centre Routine Regulation 1995)

(1)  An unconvicted inmate may be visited once as soon as practicable after reception into a correctional centre and afterwards twice weekly.

(2)  A convicted inmate may be visited once as soon as practicable after conviction and afterwards at such intervals as the general manager determines.

(3)  A civil inmate may be visited daily, as often and for so long as the general manager determines.

(4)  The general manager of a correctional centre may permit additional visits to an inmate, particularly in the case of an inmate who is dangerously ill.

76   Maximum number of visitors

(cf clause 85 of Correctional Centre Routine Regulation 1995)

(1)  Up to 4 visitors may be present with an inmate at the same time.

(2)  The general manager of a correctional centre may permit additional visitors to be present with an inmate at the same time, particularly in the case of an inmate who is dangerously ill.

77   Visits by Commissioner and other officials

(cf clauses 87 and 88 of Correctional Centre Routine Regulation 1995)

(1)  The Commissioner may visit and must be admitted to a correctional centre at any time.

(2)  No other person may be admitted to a correctional centre without the prior authority of the Commissioner, except for the following persons:

(a)  a correctional officer or Departmental officer employed at the centre,

(b)  the Minister or an Official Visitor for the centre,

(c)  a member of the Review Council or of any committee of the Review Council,

(d)  a Judge of the Supreme Court or District Court, a Magistrate or a coroner,

(e)  a government official engaged on official duties,

(f)  any person in the exercise of a power conferred by or under an Act (including a Commonwealth Act).

78   Inmate may refuse visits

(cf clause 89 of Correctional Centre Routine Regulation 1995)

An inmate may refuse to receive a visitor, other than a government official engaged on official duties.

79   Inmate confined to cell not entitled to visits

(cf clause 90 of Correctional Centre Routine Regulation 1995)

(1)  An inmate who is confined to cell is not entitled to be visited except in the case of:

(a)  a visit to discuss or transact legal business, or

(b)  a visit by a diplomatic or consular representative, or

(c)  a visit by a field officer of the Aboriginal Legal Service or a similar organisation approved by the Commissioner, or

(d)  a visit by a government official on official duties, or

(e)  a visit by an Official Visitor.

(2)  Despite subclause (1), the general manager of a correctional centre may permit an inmate who is confined to cell to receive visits from the inmate’s family and friends if, in the general manager’s opinion, it is appropriate to do so to avoid hardship (such as where family or friends have travelled a long way to make the visit).

80   Record of visits

(cf clause 91 of Correctional Centre Routine Regulation 1995)

(1)  The general manager of a correctional centre must cause a record to be kept of all visits to inmates at the centre.

(2)  The record must contain the following particulars in relation to each visit:

(a)  the date of the visit,

(b)  the name of the inmate,

(c)  the name, address and date of birth of each visitor,

(d)  the form of identification used by each visitor as evidence of his or her name and address,

(e)  the relationship between each visitor and the inmate,

(f)  the purpose of (and, where appropriate, the authority for) the visit,

(g)  the form (contact or non-contact) in which the visit is permitted,

(h)  the name of the correctional officer who supervised the visit,

(i)  if the visit was terminated by a correctional officer, the fact that the visit was so terminated and the reason for its termination.

(3)  The record must also contain the following particulars as to each visit that has been refused:

(a)  the date on which the visit was refused,

(b)  the name, address and date of birth (if known) of the visitor,

(c)  the reason for the visit being refused.

(4)  Copies of the record are to be kept in such manner and for such period as the Commissioner determines.

Division 2 Special visits: legal business, foreign nationals, Aboriginal persons

81   Visits to transact legal business

(cf clause 92 of Correctional Centre Routine Regulation 1995)

In addition to any other visit authorised by this Regulation, an inmate is entitled to be visited by the inmate’s legal practitioner.

82   Visits to foreign nationals

(cf clause 93 of Correctional Centre Routine Regulation 1995)

In addition to any other visit authorised by this Regulation, an inmate who is a national of a foreign country may be visited by:

(a)  a diplomatic or consular representative in Australia or New South Wales of the foreign country, or

(b)  a diplomatic or consular representative in Australia or New South Wales of another foreign country that assumes responsibility for the inmate’s interests, or

(c)  if the inmate is a refugee or stateless person, a representative of a national or international organisation (such as Amnesty International) that is recognised by the Commonwealth Government as having as an object the protection of the interests of such an inmate.

83   Visits to Aboriginal persons

(cf clause 94 of Correctional Centre Routine Regulation 1995)

(1)  In addition to other visits authorised by this Regulation, an inmate who is an Aboriginal person may be visited by:

(a)  a field officer of the Aboriginal Legal Service, or

(b)  a field officer of any other organisation that provides legal or other assistance to Aboriginal persons and that is approved by the Commissioner.

(2)  In this clause, Aboriginal person has the same meaning as in the Aboriginal Land Rights Act 1983.

84   Prior appointment necessary

(cf clause 95 of Correctional Centre Routine Regulation 1995)

A prior appointment for a visit under this Division must be made with the general manager.

85   Time, duration and number of visits

(cf clause 96 of Correctional Centre Routine Regulation 1995)

(1)  Visits to an inmate under this Division are not to be restricted in duration or number but must be made during normal visiting hours.

(2)  The general manager of a correctional centre may extend normal visiting hours to permit such a visit if, in the general manager’s opinion:

(a)  it is convenient and practicable to do so, and

(b)  the general manager is able to make satisfactory security arrangements.

Division 3 Permits to visit correctional centres

86   Permit for visits

(cf clause 97 of Correctional Centre Routine Regulation 1995)

(1)  A visitor’s permit may be issued authorising a person to visit a specified correctional centre for any official, scientific, religious, educational, sociological or other purpose approved by the Commissioner.

(2)  A visitor’s permit:

(a)  may be issued by the Commissioner, and

(b)  may be issued unconditionally or subject to conditions specified in the permit.

(3)  An application for a visitor’s permit is to be made in writing to the Commissioner, and the Commissioner’s decision as to whether or not to grant the permit is final.

87   Cancellation of permits

(cf clause 98 of Correctional Centre Routine Regulation 1995)

The Commissioner may cancel a visitor’s permit at any time.

88   Return of expired or cancelled permits

(cf clause 99 of Correctional Centre Routine Regulation 1995)

A person to whom a visitor’s permit is issued must return it to the Commissioner as soon as the permit expires or is cancelled.

Maximum penalty: 5 penalty units.

89   Preliminary requirements for visits

(cf clause 100 of Correctional Centre Routine Regulation 1995)

A person to whom a visitor’s permit is issued:

(a)  is not entitled to visit a correctional centre without the prior approval of an authorised officer, and

(b)  must, before the visit takes place, inform an authorised officer of the purpose of the visit.

90   Restrictions on holders of visitors’ permits

(cf clauses 101 and 102 of Correctional Centre Routine Regulation 1995)

(1)  A person to whom a visitor’s permit is issued:

(a)  must not enter any part of a correctional centre to which entry is forbidden by the correctional officer supervising the visit, and

(b)  must comply with any reasonable direction given by the correctional officer supervising the visit.

(2)  While visiting a correctional centre pursuant to a visitor’s permit, a person must not communicate with an inmate, or come into physical contact with an inmate, unless authorised to do so:

(a)  by the conditions of the permit, or

(b)  by an authorised officer.

Maximum penalty: 5 penalty units.

Division 4 Control of visits to correctional centres and inmates

91   Application of Division

This Division applies to all visits under Division 1, 2 or 3.

92   Proof of identity of visitor and purpose of visit may be required

(cf clause 103 of Correctional Centre Routine Regulation 1995)

(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 to be false or misleading in a material particular.

Maximum penalty: 10 penalty units.

(3)  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).

93   Searching of visitors

(cf clauses 103A and 104 of Correctional Centre Routine Regulation 1995)

(1)  An authorised officer or the principal security officer may require a visitor:

(a)  to submit to an inspection and search of personal possessions, to scanning by means of an electronic scanning device and to being sniffed by a dog, and

(b)  to empty the pockets of the visitor’s clothing, and

(c)  to make available for inspection and search any vehicle under the visitor’s control that is on the premises of a correctional centre.

(2)  Except as otherwise provided by this Regulation or as permitted by an authorised officer, a visitor must, while the visit is taking place, leave anything that the visitor has brought into a correctional centre in storage facilities provided for the purpose at the centre.

Maximum penalty: 5 penalty units.

(3)  An authorised officer or the principal security officer may confiscate, for the duration of the visit, anything that a visitor has brought into the correctional centre but not left in storage facilities as required by subclause (2).

(4)  Subclause (3) does not limit any other power that an authorised officer or principal security officer may have apart from this clause to seize or detain anything of the kind referred to in that subclause, such as a power to seize any such thing from a person following the person’s lawful arrest.

94   Hindering or obstructing dogs

A visitor must not hinder or obstruct a dog being used to assist in maintaining the good order and security of a correctional centre.

Maximum penalty: 5 penalty units.

95   Smoking by visitors in non-smoking areas prohibited

(cf clause 104A of Correctional Centre Routine Regulation 1995)

A visitor must not:

(a)  smoke in a non-smoking area, or

(b)  alter, damage or remove any sign or notice relating to a non-smoking area.

Maximum penalty: 1 penalty unit.

96   Unauthorised use of cameras or recording equipment

(cf clause 105 of Correctional Centre Routine Regulation 1995)

(1)  A visitor must not take photographs of, or operate video or audio recording equipment at, a correctional centre without the prior approval of the general manager.

Maximum penalty: 20 penalty units.

(2)  The general manager may confiscate any photograph, film, tape or other recording taken or made by a person in contravention of this clause.

(3)  The general manager may destroy any part of a confiscated photograph, film, tape or recording which the general manager is satisfied is likely to prejudice the security of a correctional centre or place anyone’s personal safety at risk.

(4)  Any part of the photograph, film, tape or recording that the general manager is satisfied is not likely to prejudice the security of a correctional centre or place anyone’s personal safety at risk must be returned to the person from whom it was taken.

(5)  Before returning any photograph, film, tape or recording, the general manager may charge the person for payment of any costs incurred in processing or developing it.

97   Delivery of articles to and from visitors

(cf clause 106 of Correctional Centre Routine Regulation 1995)

(1)  Except as otherwise provided by this Part:

(a)  a visitor must not deliver anything to or receive anything from an inmate at a correctional centre, and

(b)  an inmate at a correctional centre must not deliver anything to or receive anything from a visitor.

Note. Failure by an inmate to comply with the requirements of subclause (1) (b) is a correctional centre offence.

(2)  With the approval of an authorised officer:

(a)  a visitor may deliver an article to a correctional officer at a correctional centre for delivery to an inmate, and

(b)  an inmate may deliver an article to a correctional officer for delivery to a visitor.

98   Prevention of physical contact with inmates

(cf clause 107 of Correctional Centre Routine Regulation 1995)

(1)  Visits to inmates may be either “contact” visits, in which the inmate and the visitor are permitted physical contact with each other, or “non-contact” visits, in which the visit takes place in an environment in which physical contact is prevented.

(2)  The general manager of a correctional centre may direct that a visit is to be, or is to continue as, a non-contact visit if of the opinion that the visitor is likely:

(a)  to introduce into the centre prohibited goods or any other property that an inmate is not authorised by this Regulation to possess, or

(b)  to act in a threatening, offensive, indecent, obscene, abusive or improper manner.

(3)  A direction under this clause has effect for such period as it may specify or, if no such period is specified, from the time it is given until it is revoked by a further direction.

(4)  Despite subclauses (1), (2) and (3), a visit to a Category AA male inmate or Category 5 female inmate may not be a contact visit unless the Commissioner so approves.

99   Visits to be within sight of correctional officer

(cf clause 108 of Correctional Centre Routine Regulation 1995)

(1)  A visit must take place within sight of a correctional officer unless the general manager permits otherwise.

(2)  Subclause (1) does not apply to the holder of a visitor’s permit under Division 3 who is authorised by the conditions of the permit to interview or examine an inmate out of sight of a correctional officer.

100   Special arrangements for legal documents

(cf clause 110 of Correctional Centre Routine Regulation 1995)

(1)  An authorised officer may inspect or examine, but not read, documents or other recorded material taken into a correctional centre by an inmate’s legal practitioner for the purpose of discussing or transacting legal business.

(2)  The general manager of a correctional centre must ensure that arrangements are made for an inmate and the inmate’s legal practitioner to have joint access to documents or other recorded material taken into the centre for the purpose of discussing or transacting legal business.

(3)  Nothing in this clause limits the operation of clause 98.

101   Termination of visits

(cf clause 111 (2)–(4) of Correctional Centre Routine Regulation 1995)

(1)  An authorised officer may terminate any visit (whether or not the visitor is entitled to make the visit) if of the opinion:

(a)  that the visitor has contravened any provision of the Act or this Regulation, or

(b)  that the visitor (or inmate being visited by the visitor) is or has been acting in a threatening, offensive, indecent, obscene, abusive or improper manner, or

(c)  that the continuation of the visit would prejudice the good order and security of the correctional centre, or

(d)  that it is in the interests of the visitor, being a visitor who is under the age of 18 years, to terminate the visit.

Note. For example, the Commissioner may terminate a visit by a child who is visiting an inmate convicted of a sexual offence if the Commissioner is of the opinion that it is necessary for the protection of the child.

(2)  If a visit is terminated under this clause, the authorised officer must cause notice of that fact to be given to the general manager.

(3)  The general manager must cause a copy of the notice to be sent to the Commissioner.

(4)  A person whose visit is terminated under this clause may be removed from the correctional centre if he or she fails to leave when requested.

Division 5 General restrictions on persons who may visit

102   Application of Division

This Division applies to all visits under Division 1, 2 or 3.

103   General power of general manager or correctional officer to prevent visits

(cf clause 111 (1) of Correctional Centre Routine Regulation 1995)

The general manager of a correctional centre may refuse to allow a person to visit the centre or an inmate if of the opinion that such a visit would prejudice the good order and security of the centre.

104   Visitors under the influence of alcohol or drugs

(cf clause 112 of Correctional Centre Routine Regulation 1995)

An authorised officer may refuse to allow a person to visit a correctional centre or an inmate if of the opinion that the person is under the influence of alcohol or a drug.

105   Commissioner may bar persons from visiting correctional centres

(cf clause 114 of Correctional Centre Routine Regulation 1995)

(1)  The Commissioner may direct that a particular person be prevented from entering any correctional centre, or from visiting an inmate at any such centre, if of the opinion:

(a)  that such a visit would prejudice the good order and security of any such correctional centre, or

(b)  that the visitor has, during the current visit or during a previous visit, acted in a threatening, offensive, indecent, obscene, abusive or improper manner.

(1A)  The Commissioner may direct that a person who is under the age of 18 years is to be prevented from visiting an inmate at any centre, if the Commissioner is of the opinion that it is in the interest of the person that the direction be given.

Note. For example, the Commissioner may direct that a child be prevented from visiting an inmate convicted of a sexual offence if the Commissioner is of the opinion that it is necessary for the protection of the child.

(2)  A direction under this clause has effect for such period as it may specify or, if no such period is specified, until it is revoked by a further direction.

(3)  Despite the direction, the Commissioner may permit the person to whom the direction applies to visit a particular correctional centre or particular inmate.

(4)  Permission given under subclause (3) may be given subject to any condition that the Commissioner considers appropriate.

(5)  Without limiting subclause (4), the Commissioner may impose the following conditions:

(a)  that the visit be a non-contact visit,

(b)  that, in the case of a visit by a child, the child be accompanied by an approved adult for the duration of the visit.

106   Unauthorised persons not to be admitted to correctional centres

(cf clause 113 of Correctional Centre Routine Regulation 1995)

A person who is not otherwise authorised by this Regulation to be admitted to a correctional centre must not be admitted to the centre without the prior authority of the Commissioner.

Division 6 Written communications with inmates

107   Correspondence generally

(cf clause 116 of Correctional Centre Routine Regulation 1995)

(1)  Subject to this Division:

(a)  an inmate may send letters or parcels to, and receive letters or parcels from, any other person, and

(b)  a letter or parcel sent to or by an inmate is not to be censored.

(2)  An inmate must not send or receive any letter or parcel otherwise than through the hands of a nominated officer.

Note. Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.

108   Certain articles prohibited

(cf clause 117 of Correctional Centre Routine Regulation 1995)

An inmate must not send from a correctional centre:

(a)  any threatening, offensive, indecent, obscene or abusive written or pictorial matter, or

(b)  any offensive, indecent or obscene article.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

109   Opening of letters and parcels generally

(cf clauses 119 and 120 of Correctional Centre Routine Regulation 1995)

(1)  The general manager of a correctional centre or a nominated officer may open, inspect and read a letter or parcel sent to or by an inmate and, if it contains prohibited goods, may confiscate the letter or parcel and its contents and deal with them in accordance with the directions of the Commissioner.

(2)  The inmate is to be informed of the confiscation of any letter, parcel or prohibited goods.

(3)  A nominated officer may direct that any written or pictorial matter contained in a letter or parcel opened, inspected or read under this clause be copied before the letter or parcel containing the matter is delivered to the addressee.

(4)  Such a direction may be given only if the nominated officer is of the opinion that the written or pictorial matter to be copied:

(a)  contains anything likely to prejudice the good order and security of any correctional centre, or

(b)  is threatening, offensive, indecent, obscene or abusive.

(5)  This clause does not apply to:

(a)  any letter or parcel addressed to, or received from, an exempt body or exempt person, or

(b)  any letter or parcel to which clause 110A applies.

110   Certain letters and parcels privileged

(cf clause 118 of Correctional Centre Routine Regulation 1995)

(1)  As soon as practicable after receiving from an inmate any letter or parcel addressed to an exempt body or exempt person, a nominated officer must post the letter or parcel to the addressee, without opening, inspecting or reading it.

(1A)  An exempt body or exempt person may, by written notice sent to the Commissioner, direct that letters or parcels from a specified inmate, or from inmates of a specified class, are not to be posted to that body or person.

(1B)  Subclause (1) does not apply to any letter or parcel from an inmate the subject of a notice under subclause (1A), and any such letter or parcel may instead be confiscated.

(1C)  A letter or parcel that has been confiscated under subclause (1B) may, together with its contents, be dealt with in accordance with the directions of the Commissioner.

(2)  As soon as practicable after receiving from an exempt body or exempt person any letter or parcel addressed to an inmate, a nominated officer must deliver the letter or parcel to the inmate, without opening, inspecting or reading it.

(3)  Subclause (2) applies only to a letter or parcel that is contained in an envelope or package that is addressed to the general manager together with a note to the effect that the letter or parcel is to be delivered to the inmate without being opened, inspected or read by any person other than the inmate.

(4)  In the case of a letter or parcel from an exempt person, a nominated officer may require the letter or parcel to be opened by the inmate in his or her presence if of the opinion that it may contain prohibited goods and, if it does so, may confiscate the letter or parcel and its contents and deal with them in accordance with the directions of the Commissioner.

(5)  This clause does not apply to any letter or parcel to which clause 110A applies.

110A   Correspondence with Category AA and Category 5 inmates

(1)  This clause applies to all letters and parcels that are sent:

(a)  by a Category AA male inmate or Category 5 female inmate to any other person (including an exempt body and an exempt person), or

(b)  to a Category AA male inmate or Category 5 female inmate from any other person (including an exempt body and an exempt person).

(2)  The general manager of a correctional centre or a nominated officer must open, inspect, read and copy:

(a)  any letter or parcel received from an inmate and addressed to a person (other than an exempt body), or

(b)  any letter or parcel received from a person (other than an exempt body) and addressed to an inmate,

      and, if it contains prohibited goods, must confiscate the letter or parcel and its contents and deal with them in accordance with the directions of the Commissioner.

(3)  The inmate need not be informed of any action taken under subclause (2).

(4)  As soon as practicable after receiving from an inmate any letter or parcel addressed to an exempt body, a nominated officer must post the letter or parcel to the addressee, without opening, inspecting or reading it.

(5)  As soon as practicable after receiving from an exempt body any letter or parcel addressed to an inmate, a nominated officer must deliver the letter or parcel to the inmate, without opening, inspecting or reading it, but only if:

(a)  the letter or parcel is contained in an envelope or package, addressed to the general manager, together with a note to the effect that it is to be delivered to the inmate without being opened, inspected or read by any person other than the inmate, and

(b)  a nominated officer has confirmed with the exempt body that the body has in fact sent it and addressed it to the inmate.

(6)  A register must be kept for each correctional centre, being a register in which nominated officers are to record the following details with respect to each letter or parcel dealt with under this clause:

(a)  in the case of a letter or parcel received from an inmate to be sent to any person:

(i)  the date on which it was received,

(ii)  the name of the inmate from whom it was received,

(iii)  the name of the person to whom it was addressed,

(iv)  the name of the nominated officer by whom it was dealt with,

(v)  in the case of a letter or parcel referred to in paragraph (a) of subclause (2), the outcome of the action taken under that subclause,

(b)  in the case of a letter or parcel received from any person to be delivered to an inmate:

(i)  the date on which it was received,

(ii)  the name of the person from whom it was received,

(iii)  the name of the inmate to whom it was addressed,

(iv)  the name of the nominated officer by whom it was dealt with,

(v)  in the case of a letter or parcel referred to in paragraph (b) of subclause (2), the outcome of the action taken under that subclause,

(vi)  in the case of a letter or parcel received from an exempt body, the date on which a nominated officer confirmed with the exempt body that it did in fact send the letter or parcel and address it to the inmate.

(7)  On receiving any letter or parcel that has been dealt with under this clause, an inmate must sign the register to acknowledge its receipt.

(8)  The Commissioner may, on the application of an exempt person, make an order declaring that this clause is to apply (either unconditionally or subject to conditions) to letters and parcels sent to or from that person as if that person were an exempt body and, on the making of such an order, this clause so applies.

(9)  This clause applies to facsimile transmissions in the same way as it applies to letters and parcels.

111   Correspondence with legal practitioner

(cf clause 121 of Correctional Centre Routine Regulation 1995)

Subject to clause 110A, this Regulation is not to be construed so as to limit correspondence between an inmate and the inmate’s legal practitioner in respect of matters affecting the inmate’s trial, conviction or imprisonment.

Division 7 Use of telephones and facsimile machines by inmates

112   Permission required

(cf clauses 122, 123, 124 and 127 of Correctional Centre Routine Regulation 1995)

(1)  An inmate must not make a telephone call or send a facsimile message without the permission of an authorised officer.

(2)  An inmate must not make more telephone calls or send more facsimile messages in any week than the maximum number fixed by the Commissioner for the inmate or the class of inmates to which the inmate belongs.

(3)  An inmate must not have telephone or facsimile communication with an inmate of another correctional centre without the permission of the general managers of both correctional centres.

(4)  A correctional officer may terminate an inmate’s telephone call or facsimile communication if of the opinion that the continuation of the call or communication will prejudice good order and security of any correctional centre.

(5)  As soon as practicable after terminating an inmate’s telephone call or facsimile communication, a correctional officer must cause details of the reason for the termination to be recorded and reported to the general manager.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

113   Cost of telephone calls and facsimile messages

(cf clause 125 of Correctional Centre Routine Regulation 1995)

(1)  The cost of a telephone call made by an inmate (including the telephone component of the cost of sending a facsimile message) is to be met by the inmate.

(2)  Subclause (1) does not apply to:

(a)  the first local call made in any week by a convicted inmate, or

(b)  the first 3 local calls made in any week by an unconvicted inmate or civil inmate, or

(c)  any call made to the Office of the Ombudsman, the Independent Commission Against Corruption or the Legal Aid Commission, or

(d)  any call of a kind that the Commissioner directs is to be met by the Department, or

(e)  any call whose cost is met by the receiver.

(3)  An inmate must pay an amount per page, to be determined by the Commissioner, for any facsimile message sent to, and accepted by, the inmate.

(4)  In this clause, local call means a telephone call that is charged for at local call rates.

113A   Possession of cameras, video or audio recorders

An inmate must not have a camera, or video or audio recording equipment, or a charger for any such equipment, in his or her possession.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

113B   Inmate use or possession of a mobile phone

An inmate must not use or have in his or her possession a mobile phone or any part of it, a mobile phone SIM card or any part of it, or a mobile phone charger or any part of it.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

Division 8 General

114   Supply of information concerning offences to police

(cf clause 131 of Correctional Centre Routine Regulation 1995)

(1)  A nominated officer who finds that a letter, parcel or other article contains information or any other thing that the officer has reasonable grounds to believe:

(a)  is likely to prejudice the good order and security of a correctional centre, or

(b)  relates to a criminal offence which has been or may be committed,

      must as soon as practicable report the circumstances to the general manager.

(2)  If of the opinion that a letter, parcel or other article the subject of such a report contains information that may be required for the purpose of the administration of justice, the general manager:

(a)  may furnish particulars of the information to a police officer, and

(b)  may deliver the letter, parcel or article to a police officer.

115   Property brought to correctional centre by other persons

(cf clause 31 (2) of Correctional Centre Routine Regulation 1995)

Any property sent to an inmate, or delivered to the general manager of a correctional centre to be given to an inmate, is to be dealt with by the general manager in accordance with clause 10 as if the property had been surrendered by the inmate on being received into the centre.

115A   Property brought into correctional centre illegally

(1)  Any property brought into a correctional centre in contravention of the Act, this Regulation or any other law may be confiscated by the general manager of the correctional centre.

(2)  Property that is confiscated under this clause becomes the property of the State, to be disposed of as the Commissioner may direct.

Note. Section 75 of the Act provides that the Commissioner may confiscate any property (including any money) that is unlawfully in the possession of an inmate. Property that is confiscated under the section becomes the property of the State, to be disposed of as the Commissioner may direct.

Part 5 Correctional centre discipline

Division 1 Preliminary

116   Definition of “correctional centre offence”

A contravention by an inmate (whether by act or omission) of any of the following is declared to be a correctional centre offence for the purposes of Division 6 of Part 2 of the Act:

(a)  a provision of the Act,

(b)  an order or direction made under a provision of the Act,

(c)  a provision of this Regulation specified in Schedule 2.

117   (Repealed)

118   Attempts

An attempt by an inmate to commit a correctional centre offence is to be dealt with in the same way as that offence and, for that purpose, is itself declared to be a correctional centre offence for the purposes of Division 6 of Part 2 of the Act.

Division 2 Maintenance of order and discipline

119   Maintenance of order and discipline generally

(cf clause 147 of Correctional Centre Routine Regulation 1995)

(1)  Order and discipline in a correctional centre are to be maintained with firmness, but with no more restriction or force than is required for safe custody and well-ordered community life within the centre.

(2)  A correctional officer must endeavour to control inmates by showing them example and leadership and by enlisting their willing co-operation.

(3)  At all times the treatment of inmates is to be such as to encourage self-respect and a sense of personal responsibility.

120   Directions relating to order or discipline

(cf clause 148 of Correctional Centre Routine Regulation 1995)

(1)  Directions for the purpose of maintaining good order and discipline:

(a)  may be given to inmates by the Commissioner, by the general manager of a correctional centre or by a correctional officer, and

(b)  may be given orally or in writing.

(2)  An inmate must not refuse or fail to comply with a direction under this clause.

Note. Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.

121   Use of force in dealing with inmates

(cf clause 149 of Correctional Centre Routine Regulation 1995)

(1)  In dealing with an inmate, a correctional officer may use no more force than is reasonably necessary in the circumstances, and the infliction of injury on the inmate is to be avoided if at all possible.

(2)  The nature and extent of the force that may be used in relation to an inmate are to be dictated by circumstances, but must not exceed such force as is necessary for control and protection, having due regard to the personal safety of correctional officers and others.

(3)  If an inmate is satisfactorily restrained, the only force that may be used against the inmate is such as is necessary to maintain that restraint.

(4)  Subject to subclauses (1), (2) and (3), a correctional officer may have recourse to force for the following purposes:

(a)  to search, where necessary, an inmate or to seize a dangerous or harmful article,

(b)  to prevent the escape of an inmate,

(c)  to prevent an unlawful attempt to enter a correctional centre by force or to free an inmate,

(d)  to defend himself or herself if attacked or threatened with attack, but only if the officer cannot otherwise protect himself or herself from harm,

(e)  to protect other persons (including correctional officers, Departmental officers, inmates and members of the public) from attack or harm, but only if there are no other immediate or apparent means available for their protection,

(f)  to avoid an imminent attack on the correctional officer or some other person, but only if there is a reasonable apprehension of such an attack,

(g)  to prevent an inmate from injuring himself or herself,

(h)  to ensure compliance with a proper order, or maintenance of discipline, but only if an inmate is failing to co-operate with a lawful correctional centre requirement in a manner that cannot otherwise be adequately controlled,

(i)  to move inmates who decline or refuse to move from one location to another in accordance with a lawful order,

(j)  to achieve the control of inmates acting in a defiant manner,

(k)  to avoid imminent violent or destructive behaviour by inmates,

(l)  to restrain violence directed towards the correctional officer or other persons by an uncontrollable or disturbed inmate,

(m)  to prevent or quell a riot or other disturbance,

(n)  to deal with any other situation that has a degree of seriousness comparable to that of the situations referred to in paragraphs (a)–(m).

(5)  Subclause (4) does not limit the operation of any law with respect to the force that may be used to effect an arrest.

122   Use of equipment for restraining inmates

(cf clause 150 of Correctional Centre Routine Regulation 1995)

(1)  With the concurrence of the general manager, a correctional officer may use handcuffs, security belts, batons, chemical aids and firearms for the purpose of restraining inmates.

(2)  With the concurrence of the Commissioner, a correctional officer may also use the following equipment for the purpose of restraining inmates:

(a)  anklecuffs,

(b)  such other articles (other than chains or irons) as may be approved by the Commissioner for use for that purpose.

123   Report on use of force

(cf clause 151 of Correctional Centre Routine Regulation 1995)

(1)  Any correctional officer who uses force on an inmate must immediately furnish a report about the use of force to the general manager.

(2)  The report:

(a)  must be in writing, and

(b)  must specify the name or names of the inmate or inmates and the name or names of the correctional officer or correctional officers involved in the use of force, and

(c)  must specify the location where the use of force occurred, and

(d)  must describe the nature of the force used and the circumstances requiring its use, and

(e)  must be signed by the correctional officer involved in the use of force.

(3)  This clause does not require a correctional officer to furnish information in a report if it is impossible or impracticable for the officer to obtain the information.

Division 3 Particular offences

124   Contravention of conditions of leave

An inmate the subject of a local leave order, local leave permit or interstate leave permit must not contravene any condition to which the order or permit is subject.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

125   Concealment for escape

(cf clauses 152 and 153 of Correctional Centre Routine Regulation 1995)

An inmate must not conceal himself or herself for the purpose of effecting an escape or enabling any other inmate to effect an escape.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

126   Concealment of certain items

An inmate must not make, conceal or have in possession anything for use for the purpose of effecting an escape or committing an offence, or enabling any other inmate to effect an escape or commit an offence.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

126A   Possession of offensive weapon or instrument

(1)  An inmate must not have an offensive weapon or instrument in his or her possession.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

(2)  In this clause:

offensive weapon or instrument has the same meaning as it has in section 4 (1) of the Crimes Act 1900.

127   Intimidation

(cf clause 154 (1), (4) and (5) of Correctional Centre Routine Regulation 1995)

(1)  An inmate must not use insulting, abusive or threatening language to or in the presence of another person.

(2)  An inmate must not threaten to damage or destroy any property of another person.

(3)  An inmate must not otherwise behave in a threatening manner towards another person.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

128   Indecency

(cf clause 154 (2) and (3) of Correctional Centre Routine Regulation 1995)

(1)  An inmate must not act indecently, or behave in an obscene manner, in the presence of or towards any other person.

(2)  An inmate must not engage in unwelcome conduct of a sexual nature in relation to any other person in circumstances that are likely to cause the other person to feel humiliated, intimidated or offended.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

129   Riots

(cf clause 158 of Correctional Centre Routine Regulation 1995)

An inmate must not participate in a riot or incite any other inmate to participate in a riot.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

130   Physical aggression

(cf clauses 156, 157 and 161 of Correctional Centre Routine Regulation 1995)

(1)  An inmate must not assault any other person or incite any other inmate to assault any other person.

(2)  An inmate must not engage in wrestling, sparring, fighting or other physical combat with any other inmate.

(3)  An inmate must not throw an article, or operate a device from which an article is projected, so as to cause a risk of injury to any person or of damage to any property.

(4)  Subclauses (2) and (3) do not prevent an inmate from engaging in any activity as a necessary incident of taking part in training or a contest or other sporting event organised for inmates by an authorised officer.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

131   General property offences

(cf clauses 160, 163 and 164 of Correctional Centre Routine Regulation 1995)

(1)  An inmate must not steal the property of any other person.

(2)  An inmate must not damage or destroy any property (other than property of the inmate).

(3)  An inmate must not introduce into food or drink intended for human consumption anything liable to render it unpalatable or unwholesome.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

132   Hindering or obstructing dogs

An inmate must not hinder or obstruct a dog being used to assist in maintaining the good order and security of a correctional centre.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

133   Causing harm to animal, bird or reptile

(cf clause 159 of Correctional Centre Routine Regulation 1995)

An inmate must not cause harm to any animal, bird or reptile.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

134   Correctional centre property offences

(cf clause 162 of Correctional Centre Routine Regulation 1995)

Unless authorised to do so by the Commissioner, the general manager of the correctional centre or a correctional officer, an inmate must not alter, remove or otherwise interfere with or be in possession of:

(a)  any lock, key, bolt, bar, ventilator or other correctional centre fixture or fitting, or

(b)  any fire extinguisher, firehose, restraining equipment, electrical installation or any other appliance, equipment or property in or used in the correctional centre or the structure of the correctional centre, or

(c)  any notice exhibited at the correctional centre, or

(d)  any inmate’s cell card, or

(e)  any other document or thing used by the general manager or a correctional officer for the purpose of administration of the centre,

except in so far as it is reasonably necessary to do so in observing the normal routine of the centre.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

135   Tattooing

(cf clause 165 of Correctional Centre Routine Regulation 1995)

An inmate must not:

(a)  make a tattoo on himself or herself or any other inmate, or

(b)  consent to being tattooed by any other inmate.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

136   Gambling

(cf clause 166 of Correctional Centre Routine Regulation 1995)

An inmate must not organise or participate in any form of gambling.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

137   Alcohol

(cf clause 167 of Correctional Centre Routine Regulation 1995)

(1)  An inmate must not consume, or have in his or her possession, any alcohol or other intoxicating substance or any substance reasonably capable of becoming (by fermentation or distillation) an intoxicating substance.

(2)  An inmate must not prepare or manufacture alcohol or any other intoxicating substance.

(3)  An inmate is not to be regarded as contravening subclause (1):

(a)  if the inmate has the alcohol or other substance in his or her possession for consumption or use on the advice of a registered medical practitioner, registered dentist or registered nurse given for medical, dental or nursing reasons, or

(b)  if the inmate consumes the alcohol or other substance:

(i)  in accordance with the instructions of the medical practitioner, dentist or nurse, or

(ii)  as an ordinary incident of participating in a religious service conducted at a correctional centre with the consent of the general manager.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

138   Possession of drugs

(cf clause 168 of Correctional Centre Routine Regulation 1995)

(1)  An inmate must not have any drug in his or her possession.

(2)  An inmate is not to be regarded as having contravened this clause if the inmate has the drug in his or her possession for use on the advice of a registered medical practitioner, registered dentist or registered nurse given for medical, dental or nursing reasons.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

139   Administration of drugs

(cf clause 168 (1) and (4) of Correctional Centre Routine Regulation 1995)

(1)  An inmate must not:

(a)  administer any drug to himself or herself or any other person, or

(b)  consent to being administered any drug by any other person.

(2)  An inmate is not to be regarded as having contravened this clause if the drug has been administered by or in accordance with the instructions of a registered medical practitioner, registered dentist or registered nurse given for medical, dental or nursing reasons.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

140   Possession of drug implements

(cf clause 168 of Correctional Centre Routine Regulation 1995)

(1)  An inmate must not have in his or her possession any needle, syringe, smoking accessory or other implement intended for use in the administration of a drug.

(2)  An inmate is not to be regarded as having contravened this clause if the implement has been in the possession of the inmate for the purposes of:

(a)  the administration of a drug in accordance with the instructions of a registered medical practitioner or registered dentist given for medical or dental reasons, or

(b)  taking a drug lawfully supplied by a registered medical practitioner, registered dentist or registered nurse for medical, dental or nursing reasons.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

141   Self-intoxication

(cf clause 168 (4) of Correctional Centre Routine Regulation 1995)

An inmate must not deliberately consume or inhale any intoxicating substance.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

142   Failing prescribed urine tests

(cf clause 168 (1) of Correctional Centre Routine Regulation 1995)

(1)  An inmate contravenes this clause if the result of a prescribed urine test:

(a)  shows the presence of a drug in the inmate’s urine, and

(b)  indicates that the drug has been administered to the inmate (whether by the inmate or by another person) while the inmate has been an inmate.

(2)  An inmate is not to be regarded as having contravened this clause if the drug has been administered by or in accordance with the instructions of a registered medical practitioner, registered dentist or registered nurse given for medical, dental or nursing reasons.

(3)  In this clause, prescribed urine test means a urine test carried out in accordance with directions given by the general manager of a correctional centre or a correctional officer holding office or acting in a rank that is of or above the rank of Assistant Superintendent.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

143   Smoking

(cf clause 168A of Correctional Centre Routine Regulation 1995)

An inmate must not:

(a)  smoke in a non-smoking area, or

(b)  alter, damage or remove any sign or notice relating to a non-smoking area or to an authorised smoking area.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

144   Bribery

(cf clause 169 of Correctional Centre Routine Regulation 1995)

An inmate must not:

(a)  offer, make or give to a correctional officer or Departmental officer any payment, gratuity or present, or

(b)  offer to provide or provide a service to a correctional officer or Departmental officer,

in consideration or for the purpose that the officer will neglect his or her duty, give preferred treatment or act in any other way that is inconsistent with the proper discharge of the person’s duties.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

145   Obstruction

(cf clause 155 of Correctional Centre Routine Regulation 1995)

An inmate must not wilfully hinder or obstruct a correctional officer in the performance of the officer’s duties.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

Division 4 Testing for alcohol or drugs

146   Breath testing

(cf clause 172 of Correctional Centre Routine Regulation 1995)

(1)  On forming a suspicion that an inmate has recently consumed or is under the influence of alcohol or any other intoxicating substance, a correctional officer or other person having supervision of the inmate may require the inmate to undergo a breath test.

(2)  An inmate must not refuse or fail to comply with a requirement under this clause.

Note. Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.

147   Evidence as to presence of alcohol or intoxicating substance

(cf clause 173 of Correctional Centre Routine Regulation 1995)

(1)  In any proceedings for a correctional centre offence that are being dealt with under the Act by the general manager or a Visiting Magistrate, being proceedings in which it is alleged that an inmate has consumed alcohol or any other intoxicating substance, a certificate signed by an authorised officer to the effect that:

(a)  an inmate named in the certificate submitted to a breath test, and

(b)  the breath test was given on the day and completed at the time stated in the certificate, and

(c)  there was a measurable quantity of alcohol or any other intoxicating substance present in the inmate’s breath or blood, as determined by the breath test, on the date and at the time stated in the certificate,

      is admissible in evidence of the facts so certified.

(2)  In any such proceedings, evidence of:

(a)  the condition of the device by means of which the breath test was carried out, or

(b)  the manner in which the breath test was carried out,

      is not required unless evidence that the device was not in proper condition or that the test was not properly carried out has been adduced.

148   Urine sample where drug use suspected

(cf clause 174 of Correctional Centre Routine Regulation 1995)

(1)  On forming a suspicion that an inmate:

(a)  has been administered (whether by himself or herself or otherwise) with a drug, or

(b)  is under the influence of a drug,

      a correctional officer holding office or acting in a rank that is of or above the rank of Assistant Superintendent may require the inmate to supply a sample of urine for testing or analysis and give directions as to how the sample is to be supplied.

(2)  The directions may require the inmate to comply with directions given by a correctional officer as to how the sample is to be supplied.

(3)  An inmate must not refuse or fail to comply with a direction under this clause.

Note. Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.

(3A)  A urine test must be carried out by a government analyst.

(4)  In any proceedings for a correctional centre offence that are being dealt with under the Act by the general manager or a Visiting Magistrate, being proceedings in which it is alleged that a requirement was made under subclause (1), a certificate signed by an authorised officer to the effect that such a requirement was made:

(a)  for a specified inmate, or

(b)  for all inmates of a specified class,

      is admissible in evidence of the facts so certified.

149   Urine sample whether or not drug use suspected

(cf clause 175 of Correctional Centre Routine Regulation 1995)

(1)  A correctional officer holding office or acting in a rank that is of or above the rank of Assistant Superintendent may require an inmate to supply for testing or analysis a sample of urine and give directions as to how the sample is to be supplied.

(2)  The directions may require the inmate to comply with directions given by a correctional officer as to how the sample is to be supplied.

(3)  An inmate must not refuse or fail to comply with a direction under this clause.

Note. Failure by an inmate to comply with the requirements of this subclause is a correctional centre offence.

(4)  A urine test must be carried out by a government analyst.

(5)  A sample may be required under this clause and tested for the presence of a drug even though the inmate concerned may not be reasonably suspected of having administered a drug to himself or herself or of being under the influence of a drug.

150   Evidence as to use of drugs

(cf clause 176 of Correctional Centre Routine Regulation 1995)

(1)  In any proceedings for a correctional centre offence that are being dealt with under the Act by the general manager or a Visiting Magistrate, being proceedings in which it is alleged that an inmate has been under the influence of a drug or that a drug has been present in the inmate’s urine, a certificate signed by an authorised officer to the effect that:

(a)  the correctional officer received a sample of urine obtained in a specified manner, or

(b)  the correctional officer arranged for the sample to be submitted for analysis by a government analyst to determine the presence of any drugs in the inmate’s body or urine, or

(c)  the container was sealed, and marked or labelled, in a specified manner,

      is admissible in evidence of the facts so certified.

(2)  In any such proceedings, a certificate signed by a government analyst to the effect that, on a specified day:

(a)  the analyst received for analysis a container holding a sample of urine, or

(b)  the container, when received, was sealed with an unbroken seal, and was marked or labelled in a specified manner, or

(c)  the analyst carried out an analysis of the sample to determine the presence of drugs in the urine, or

(d)  the analyst determined that a specified drug was present or was present to a specified extent in the urine, or

(e)  the analyst was, at the time of the analysis, a government analyst,

      is admissible in evidence of the facts so certified.

(3)  In any such proceedings:

(a)  evidence that a government analyst received a container holding a sample of urine, being a container that was marked or labelled to indicate that it held a sample of urine obtained from a specified inmate on a specified day, is evidence that the sample was a sample of urine obtained from that inmate on that day, and

(b)  evidence that the container, when received, was sealed with an unbroken seal is evidence that the sample had not been tampered with before it was received by the government analyst.

151   Supply of test results to Justice Health

(cf clause 177 of Correctional Centre Routine Regulation 1995)

The Commissioner may provide results of positive urine tests to:

(a)  the Chief Executive Officer, Justice Health, and

(b)  in the case of tests on serious offenders, the Review Council.

Division 5 Punishments

152   Definition of “withdrawable privilege”

(cf clause 170 of Correctional Centre Routine Regulation 1995)

The following privileges or amenities are declared to be withdrawable privileges for the purposes of Division 6 of Part 2 of the Act:

(a)  attendance at the showing of films or videos or at concerts or other performances,

(b)  participation in or attendance at any other organised leisure time activity,

(c)  use of, or access to, films, video tapes, records, cassettes or compact disks,

(d)  use of, or access to, television, radio or video, cassette or compact disk players, whether for personal use or for use as a member of a group,

(e)  use of, or access to, a musical instrument, whether for personal use or for use as a member of a group,

(f)  use of library facilities, except in so far as their use is necessary to enable study or research to be undertaken by an inmate in the inmate’s capacity as a student who is enrolled in a course of study or training,

(g)  use of swimming pool facilities,

(h)  ability to purchase goods,

(i)  keeping of approved personal property,

(j)  pursuit of a hobby,

(k)  use of telephone, except for calls to legal practitioners and exempt bodies,

(l)  participation in contact visits,

(m)  permission to be absent from a correctional centre under a local leave permit or interstate leave permit.

153   Prohibited punishments

(cf clause 171 of Correctional Centre Routine Regulation 1995)

(1)  An inmate must not:

(a)  be put in a dark cell, or under mechanical restraint, as a punishment, or

(b)  be subjected to:

(i)  solitary confinement, or

(ii)  corporal punishment, or

(iii)  torture, or

(iv)  cruel, inhuman or degrading treatment, or

(c)  be subjected to any other punishment or treatment that may reasonably be expected to adversely affect the inmate’s physical or mental health.

(2)  For the purposes of subclause (1) (b) (i):

(a)  segregating an inmate from other inmates under section 10 of the Act, and

(b)  confining an inmate to cell in accordance with an order under section 53 or 56 of the Act, and

(c)  keeping an inmate separate from other inmates under this Regulation, and

(d)  keeping an inmate alone in a cell, where a nursing officer considers that it is desirable in the interest of the inmate’s health to do so,

      are not solitary confinement.

Part 6 Inmates’ requests and complaints

Division 1 Official Visitors

154   Notice of availability of Official Visitors

(cf clause 132 of Correctional Centre Routine Regulation 1995)

(1)  The general manager of a correctional centre must notify:

(a)  all correctional centre officers and Departmental officers at the centre, and

(b)  all inmates at the centre,

      of the date and time when the Official Visitor to the centre will be at the centre and available for interviews.

(2)  If aware that an inmate considers a complaint or inquiry made by the inmate has not been dealt with satisfactorily by a correctional centre officer or Departmental officer, the general manager must advise the inmate that the inmate may request an Official Visitor to deal with it.

(3)  This clause does not apply in relation to any Category AA male inmate or Category 5 female inmate.

155   Complaints and inquiries

(cf clause 133 of Correctional Centre Routine Regulation 1995)

(1)  An Official Visitor who receives a complaint or inquiry:

(a)  may clarify details of the complaint or inquiry:

(i)  with a correctional officer, Departmental officer, medical officer or nursing officer, or

(ii)  with the inmate concerned, and

(b)  must record details of the complaint or inquiry in the Official Visitor’s official diary, and

(c)  must ascertain:

(i)  from a correctional officer, Departmental officer, medical officer or nursing officer, or

(ii)  from the inmate concerned,

      what action has been taken or information provided in response to the complaint or inquiry, and

(d)  must complete and send to the Commissioner an Official Visitor’s record form (containing particulars of action taken in relation to the complaint or inquiry) for statistical purposes.

(2)  An Official Visitor must deal with a complaint or inquiry as follows:

(a)  if of the opinion that the complaint or inquiry can be resolved quickly by bringing it to the attention of the general manager, the Official Visitor may inform the general manager of that fact and attempt to have it resolved at that level, or

(b)  the Official Visitor may advise:

(i)  a correctional officer, Departmental officer, medical officer or nursing officer, or

(ii)  the inmate concerned,

      of any other action that the Official Visitor thinks could be taken in relation to the complaint or inquiry, or

(c)  with the consent of the officer or inmate concerned, the Official Visitor may refer the complaint or inquiry on behalf of the officer or inmate to such person as the Official Visitor considers appropriate.

(3)  In dealing with a complaint or inquiry at any level, an Official Visitor:

(a)  must not interfere with the management or discipline of a correctional centre, and

(b)  must not give any instructions to any correctional officer, Departmental officer, medical officer, nursing officer or inmate.

(4)  If more than one Official Visitor is appointed to a correctional centre, each Official Visitor must inform the other Official Visitors of the persons they have interviewed at the centre and of the nature and substance of any complaints or inquiries received.

(5)  Nothing in this clause permits an Official Visitor to deal with a complaint or inquiry received from a Category AA male inmate or Category 5 female inmate.

156   Reports by Official Visitors

(cf clause 134 of Correctional Centre Routine Regulation 1995)

(1)  An Official Visitor’s periodic report to the Minister under section 228 (4) (d) of the Act must be in writing.

(2)  An Official Visitor may report to the Minister at any time if of the opinion that a complaint or inquiry received by the Official Visitor requires the immediate attention of the Minister.

Division 2 General

157   Requests to general manager

(cf clause 135 of Correctional Centre Routine Regulation 1995)

(1)  A correctional officer to whom an oral or written request by an inmate for permission to speak with the general manager is addressed or delivered must, without unreasonable delay, convey it to the general manager.

(2)  The general manager of a correctional centre:

(a)  to whom such a request is conveyed, or

(b)  to whom an oral or written request by an inmate for permission to speak with the general manager is addressed or delivered directly,

      must give the inmate an opportunity to speak with the general manager on the day on which the request is conveyed or made or as soon as is practicable after that day.

(3)  The general manager must consider what the inmate has to say and, having done so, must orally inform the inmate of any action that the general manager has taken or proposes to take or that the general manager does not propose to take any action, as the case may be.

158   Requests to Minister, Commissioner or Official Visitors

(cf clause 136 of Correctional Centre Routine Regulation 1995)

(1)  On receiving an oral or written request by an inmate for permission to speak with the Minister, the Commissioner or the Official Visitor about a specific matter, a correctional officer must refer the request to the general manager without unnecessary delay.

(2)  On receiving an oral or written request by an inmate for permission to speak with the Minister, the Commissioner or the Official Visitor about a specific matter, whether directly from the inmate or referred by a correctional officer, the general manager must make a written record of the fact that the request has been made.

(3)  If the request relates to a matter that the general manager can dispose of personally, the general manager:

(a)  must dispose of the matter, as soon as practicable, by taking such action as the general manager considers appropriate (which action may consist of or include making a recommendation to the Commissioner), and

(b)  must make a written record of the action taken (which record must include particulars of any such recommendation), and

(c)  must cause the record to be made available for inspection by the person with whom the inmate wished to speak when that person next attends the correctional centre (if that person so requires).

(4)  If the request relates to a matter which the general manager cannot dispose of personally, the general manager must cause the person with whom the inmate wished to speak to be informed of the request when that person next attends the correctional centre.

(5)  Despite any other provision of this Regulation, a Category AA male inmate or Category 5 female inmate is not entitled, and is not to be permitted, to speak with an Official Visitor.

159   Complaints to Minister or Commissioner

(cf clause 137 of Correctional Centre Routine Regulation 1995)

(1)  An inmate at a correctional centre may make a written complaint to the Minister or the Commissioner about:

(a)  the inmate’s treatment in the centre, or

(b)  the administration or management of the centre.

(2)  An inmate who wishes to complain about a matter that the general manager can dispose of personally must first make a request for permission to speak with the general manager regarding the matter.

(3)  An inmate may place a complaint in a sealed envelope addressed to the Minister or the Commissioner and deliver it to a correctional officer or the general manager.

(4)  The person to whom an inmate delivers such an envelope must, without opening it, send it to the addressee.

160   Mischievous complaints

(cf clause 138 of Correctional Centre Routine Regulation 1995)

An inmate must not:

(a)  make a complaint knowing that the complaint is baseless, or

(b)  in or in connection with such a complaint, make any statement (whether orally or in writing) that the inmate knows to be false or misleading in a material particular.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

Part 7 Release procedures

161   Inmate to check personal property and records

(cf clauses 141 and 142 of Correctional Centre Routine Regulation 1995)

(1)  Before an inmate is released from a correctional centre, the general manager must cause the inmate to be given an opportunity to inspect, in the presence of a correctional officer:

(a)  such of the inmate’s personal property as is in the general manager’s custody, and

(b)  such official correctional centre records as relate to money belonging to the inmate.

(2)  The inmate may lodge a written complaint with the correctional officer as to:

(a)  the condition of, or any deficiency in, the property, or

(b)  any mistake in the records.

(3)  A correctional officer who receives such a complaint must immediately refer it to the general manager.

(4)  The general manager must cause the complaint to be investigated, and must cause the result of the investigation to be reported to the inmate at the inmate’s pre-release interview.

(5)  If it is brought to the attention of the general manager:

(a)  that the result of any such investigation is not to the satisfaction of the inmate, or

(b)  that any such investigation has not been completed before the release of the inmate,

      the general manager must, without delay, notify the Commissioner of the complaint and the result of the investigation, or the fact that the investigation has not been completed.

(6)  An inmate must sign a receipt for any personal property or money delivered to the inmate immediately before release from a correctional centre.

162   Pre-release interview

(cf clauses 139 and 140 of Correctional Centre Routine Regulation 1995)

When an inmate is about to be released from a correctional centre, an authorised officer:

(a)  must interview the inmate, and

(b)  must report to the inmate on the results of any investigation by the general manager of a complaint made by the inmate under clause 161, and

(c)  if the inmate is being released on parole, good behaviour bond or bail undertaking, must explain to the inmate the terms on which the inmate is being released, and the result that may follow if any of those terms is breached by the inmate.

Note. Clause 214 contains specific provisions with respect to the information to be given to a person who is being released on parole.

Part 8 Miscellaneous

163   Preservation of scenes of serious indictable offences and serious incidents

(1)  The general manager of a correctional centre must take all reasonable steps to preserve from interference:

(a)  any place within the centre:

(i)  where a serious indictable offence has been, or appears to have been, committed, or

(ii)  where a serious incident (that is, an incident involving serious personal injury or major property damage) has, or appears to have, occurred, and

(b)  any article found at or in the vicinity of that place, regardless of whether or not it is, or appears to be, connected with the commission of such an offence or occurrence of such an incident,

      for so long as is necessary to enable any investigation into the circumstances of the offence or incident to be carried out by police officers or other persons authorised to conduct such an investigation.

(2)  The general manager’s obligations under this clause are subject to such practical limitations as may from time to time arise in connection with the administration of the correctional centre.

Note. Section 21 of the Interpretation Act 1987 defines a serious indictable offence to mean an offence that is punishable by imprisonment for life or for a term of 5 years or more.

164   Payment for work done by inmates

(cf clause 178 of Correctional Centre Routine Regulation 1995)

(1)  An inmate who complies with conditions set by the Commissioner may be paid for work done in accordance with scales determined from time to time by the Commissioner.

(2)  Any such payment is to be held to the credit of the inmate.

165   Prohibited work

(cf clause 179 of Correctional Centre Routine Regulation 1995)

(1)  An inmate must not be employed in a disciplinary capacity.

(2)  An inmate must not be employed to perform work for the benefit of the Commissioner or any correctional officer or Departmental officer.

166   General manager as informant in proceedings before Visiting Magistrates

(cf clause 180 of Correctional Centre Routine Regulation 1995)

In proceedings before a Visiting Magistrate under Division 6 of Part 2 of the Act, the general manager of a correctional centre may act as the informant.

167   Monthly returns of punishments imposed by general managers or Visiting Magistrates

(cf clause 181 of Correctional Centre Routine Regulation 1995)

The general manager of a correctional centre must send to the Commissioner at least once a month a copy of the entries in the record kept under section 61 of the Act in relation to any punishment imposed during the previous month.

168   Lodging of appeals to District Court from decision of Visiting Magistrate

(cf clause 183 of Correctional Centre Routine Regulation 1995)

(1)  An inmate must cause any notice of appeal, or application for leave to appeal, pursuant to section 62 of the Act to be lodged with the general manager.

(2)  On receiving such a notice or application from an inmate, the general manager must immediately forward a copy of it to the Visiting Magistrate by whom the relevant penalty was imposed on the inmate.

(3)  On receiving the notice or application from the general manager, the Visiting Magistrate must send it, together with all other relevant papers held by the Visiting Magistrate, to a registrar of the District Court.

(4)  Section 126 of the Justices Act 1902 does not apply to the notice or application.

169   Applications for leave of absence

(cf clause 184 of Correctional Centre Routine Regulation 1995)

(1)  An application under section 26 or 29 of the Act for a local or interstate leave permit is to be made in a form approved by the Commissioner.

(2)  The Commissioner may require that an application be accompanied by a declaration (in a form approved by the Commissioner) by the person in whose company the inmate is to remain while on leave.

170   Establishment of Ethics Committee

(1)  The Commissioner may establish an Ethics Committee comprising at least 6 members appointed by the Commissioner, of whom:

(a)  at least 3 are to be Departmental officers, and

(b)  at least one is to be a member of the public appointed to represent the community, and

(c)  at least one is to be an accredited chaplain, and

(d)  at least one is to be a person with experience in post-graduate medical research.

(2)  One of the Departmental officers referred to in subclause (1) (a) is to be appointed as chairperson of the Ethics Committee.

(3)  Three members of the Ethics Committee, of whom one is the chairperson, constitute a quorum of the Committee.

(4)  A decision supported by a majority of the votes at a meeting of the Ethics Committee at which a quorum is present is the decision of the Committee.

(5)  Subject to subclauses (3) and (4), the procedure of the Ethics Committee is to be as determined by the chairperson.

171   Functions of Ethics Committee

The functions of the Ethics Committee are as follows:

(a)  to consider applications for approval to undertake research and make recommendations to the Commissioner as to whether or not such applications should be approved and, if so, on what conditions,

(b)  to advise the Commissioner on the records and information that may be provided to persons undertaking research, as referred to in section 267 of the Act, and the conditions on which any such records and information are to be so provided,

(c)  to advise the Commissioner on the conditions on which such a person may be issued with a visitor’s permit under Division 3 of Part 4 of this Chapter,

(c1)  to advise the Commissioner on ethical issues,

(d)  to advise the Commissioner on such other matters as the Commissioner may refer to the Committee for advice.

172   False or misleading information

An inmate must not, in or in connection with a notice or application under this Chapter or under Part 2 of the Act, make any statement (whether orally or in writing) that the inmate knows to be false or misleading in a material particular.

Note. Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.

172A   Review of segregated or protective custody directions by Review Council where application made before commencement of Crimes (Administration of Sentences) Further Amendment Act 2002

An application duly made by an inmate under section 19 of the Act before 1 July 2003 and not determined under section 22 of the Act before that date is taken to be an application made by the inmate under section 19 as substituted by the Crimes (Administration of Sentences) Further Amendment Act 2002.

172B   Suspension directions given by Review Council before commencement of Crimes (Administration of Sentences) Further Amendment Act 2002

(1)  A suspension direction given by the Review Council under section 20 of the Act before 1 July 2003 and in force immediately before that date is taken to be a suspension direction given by the Review Council under section 20 as substituted by the Crimes (Administration of Sentences) Further Amendment Act 2002.

(2)  If an inmate to whom such a suspension direction applies is returned to segregated or protective custody as a consequence of the suspension direction being revoked on or after 1 July 2003 under section 20 (4) or (7) of the Act, the general manager of the correctional centre where the inmate is held is to submit a report referred to in section 16 of the Act as soon as possible after the suspension direction is revoked. That report is taken to be a report under section 16 (3) of the Act.

Chapter 3 Periodic detention

Part 1 Preliminary

173   Application of Chapter

(cf clause 4 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  This Chapter applies to and in respect of a periodic detainee:

(a)  while detained in a periodic detention centre for the purpose of serving the detainee’s sentence of imprisonment, or

(b)  while working, in accordance with a work order under the Act, at a place outside a periodic detention centre (a work site), or

(c)  while attending, in accordance with an attendance order under the Act, at a place outside a periodic detention centre (an attendance site), or

(d)  while travelling between a periodic detention centre and a work site or attendance site outside a periodic detention centre, or

(e)  while travelling between different work sites or attendance sites outside a periodic detention centre.

(2)  In its application to a periodic detainee who is:

(a)  working, in accordance with a work order under the Act, at a work site, or

(b)  attending, in accordance with an attendance order under the Act, at an attendance site,

      a reference in this Chapter to a periodic detention centre includes a reference to a work site or attendance site.

Part 2 Admission procedures

174   Personal searches

(cf clause 11 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  A correctional officer may search a periodic detainee:

(a)  each time the detainee reports for periodic detention, and

(b)  at such other times as the general manager responsible for the periodic detention centre directs, and

(c)  at such other times as the correctional officer considers appropriate.

(2)  Except in the case of an emergency, a periodic detainee must not be searched by or in the presence of a person of the opposite sex.

(3)  The searching of a periodic detainee must be conducted with due regard to dignity and self-respect and in as seemly a manner as is consistent with the conduct of an effective search.

(4)  A periodic detainee must not resist or impede the conduct of such a search.

Note. Failure by a periodic detainee to comply with the requirements of this clause is an offence against discipline.

175   Periodic detainees to be notified of rights and obligations

(cf clause 12 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

As soon as practicable after a periodic detainee first reports for periodic detention, the general manager responsible for the periodic detention centre must cause the detainee to be informed of:

(a)  the periodic detention centre rules (that is, the terms of any general directions given under Part 3 of the Act or under this Chapter), and

(b)  the detainee’s obligations as to discipline and conduct, and

(c)  the detainee’s rights as to legal representation and appeal, and

(d)  the authorised methods of seeking information and making requests, complaints and applications, and

(e)  the role of an Official Visitor, and

(f)  any other matter necessary to enable the detainee to understand the detainee’s rights and obligations and adapt to living in the periodic detention centre.

176   Personal property

(cf clause 13 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  A periodic detainee must not bring to a periodic detention centre any item of personal property unless it is approved by the general manager responsible for the periodic detention centre.

(2)  Each time a periodic detainee reports for periodic detention, the general manager responsible for the periodic detention centre may cause the detainee’s personal property to be inspected by a correctional officer.

(3)  A correctional officer may at any time inspect any personal property that a periodic detainee has brought to a periodic detention centre.

(4)  On leaving a periodic detention centre at the end of a detention period, a periodic detainee must take away all personal property that he or she has brought to the periodic detention centre.

(5)  A periodic detainee must not conceal anything for the purpose of unlawfully bringing it into a periodic detention centre.

Note. Failure by a periodic detainee to comply with the requirements of this clause is an offence against discipline.

177   Medication

(cf clause 14 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  A periodic detainee who brings to a periodic detention centre any medication prescribed or lawfully supplied for the detainee’s use by a registered medical practitioner, registered dentist or registered nurse (being medication required to be taken during a detention period):

(a)  must so inform the general manager responsible for the periodic detention centre, and

(b)  if the general manager so requires, must surrender the medication to the general manager.

(2)  The general manager must ensure that any surrendered medication is made available to the detainee in accordance with the relevant prescription.

(3)  At the end of a detention period, the general manager must cause any unused medication to be returned to the detainee.

Part 3 Periodic detention routine

178   Detainees to be sober

(cf clause 32 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  When reporting for periodic detention, a periodic detainee must not be under the influence of a drug, alcohol or any other intoxicating substance.

(2)  Without affecting the generality of subclause (1), a periodic detainee is taken to be under the influence of alcohol if a breath test indicates that the concentration of alcohol present in the detainee’s breath or blood is 0.02 grams or more per 210 litres of breath or 100 millilitres of blood.

(3)  This clause does not apply to a periodic detainee if the drug, alcohol or other intoxicating substance concerned has been consumed or administered:

(a)  on the advice of a registered medical practitioner, registered dentist or registered nurse given for medical, dental or nursing reasons, and

(b)  in accordance with the instructions of the medical practitioner, dentist or nurse.

(4)  The standards prescribed by this clause are prescribed for the purposes of section 83 of the Act.

Note. Failure by a periodic detainee to comply with the requirements of this clause is an offence against discipline. As a consequence of subclause (4), such a failure also constitutes a failure to comply with section 83 of the Act.

179   Detainees to bring suitable clothing and toiletries

(cf clause 8 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

When reporting for periodic detention, a periodic detainee must bring:

(a)  clothing and footwear suitable to outdoor work, and

(b)  a change of clothing, and

(c)  appropriate personal toiletries.

Note. Failure by a periodic detainee to comply with the requirements of this clause is an offence against discipline.

180   Accommodation

(cf clause 16 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  The general manager responsible for a periodic detention centre must ensure that each periodic detainee at the periodic detention centre is housed in accommodation that is adequate for the purpose.

(2)  The general manager must ensure that each periodic detainee is provided with a separate bed and sufficient clean bedding to suit the climatic conditions.

181   Separation of sexes

(cf clause 17 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

The general manager responsible for a periodic detention centre must ensure that female periodic detainees are kept separate from male periodic detainees except in such circumstances and under such supervision as the Commissioner may determine.

182   Visitors

(cf clause 20 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

A periodic detainee must not receive visitors at a periodic detention centre except with the approval of the general manager responsible for the periodic detention centre.

Note. Failure by a periodic detainee to comply with the requirements of this clause is an offence against discipline.

183   Telephone calls

(cf clause 21 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  A periodic detainee must not make a telephone call from a periodic detention centre without the approval of the general manager responsible for the periodic detention centre.

(2)  A periodic detainee must pay for any call made unless the general manager otherwise approves.

Note. Failure by a periodic detainee to comply with the requirements of this clause is an offence against discipline.

184   Medical examinations

(cf clause 31A of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

A periodic detainee must submit to a medical examination by a medical practitioner nominated by the general manager responsible for the periodic detention centre to which he or she is currently required to report if at any time the general manager so directs.

Note. Failure by a periodic detainee to comply with the requirements of this clause is an offence against discipline.

185   Application of Part 2 of Act

(cf clause 22 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  For the purposes of section 98 (2) of the Act, the following provisions of Part 2 of the Act apply to a periodic detainee to whom this Chapter applies in the same way as they apply to an inmate:

(a)  sections 5, 6 and 7,

(b)  sections 9–26,

(c)  sections 51–65,

(d)  sections 72–78.

(2)  The following provisions of this Regulation apply to periodic detainees in the same way as they apply to inmates, namely:

(a)  clauses 39–47,

(b)  clauses 50–53,

(c)  clauses 55, 56 and 58,

(d)  clauses 119–123,

(e)  clauses 125–151.

(3)  The other provisions of this Chapter prevail to the extent of any inconsistency between them and the provisions applied by subclauses (1) and (2).

Note. Failure by a periodic detainee to comply with the requirements of any provision that is applied to periodic detainees is an offence against discipline.

Part 4 Work site routine

186   Working hours

(cf clause 23 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  The maximum number of hours of work that a periodic detainee may be directed, by a work order, to perform in any one day is 8 hours (inclusive of any tea break or meal break).

(2)  A periodic detainee is entitled to one tea break of 10 minutes in each period of 3 hours work.

(3)  A periodic detainee who has worked continuously for 4 hours (inclusive of any tea break) is entitled to a meal break of 45 minutes.

(4)  The period of 8 hours prescribed by subclause (1) may be extended by an amount of time equal to any extra time necessary to be served in accordance with a direction given under section 88 (3) of the Act in respect of an occasion on which the detainee was late in reporting for periodic detention.

187   Conduct at work sites

(cf clause 24 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

While at a work site, a periodic detainee:

(a)  must remain under the supervision of a correctional officer or (if the work order specifies some other person) that other person, and

(b)  must perform work in accordance with the directions of, and to the standard specified by, the detainee’s supervisor, and

(c)  must conform to the standards of dress, cleanliness and conduct required by the detainee’s supervisor, and

(d)  must keep in good order and condition any working clothes or tools issued to the detainee, and

(e)  must not damage or deface any property, otherwise than in the course of performing work in accordance with the directions of the detainee’s supervisor.

Note. Failure by a periodic detainee to comply with the requirements of this clause is an offence against discipline.

188   Prohibited work

(cf clause 25 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  A periodic detainee must not be employed in a disciplinary capacity.

(2)  A periodic detainee must not be employed to perform work for the benefit of the Commissioner or any correctional officer or Departmental officer.

Part 5 Leave of absence

189   Applications for leave of absence

(cf clause 28 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  An application by a periodic detainee for leave of absence under section 87 or 88 of the Act:

(a)  must be made in writing by the detainee (or by some other person for or on behalf of the detainee), and

(b)  must be accompanied by written particulars of the facts on which the application is based, and

(c)  must be lodged with the general manager responsible for the relevant periodic detention centre.

(2)  The general manager must send the application to the Commissioner as soon as practicable after it is lodged.

190   (Repealed)

191   Inquiries into applications for leave of absence

(cf clause 30 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  Before determining an application for leave of absence under section 87 or 88 of the Act, the Commissioner:

(a)  may cause such inquiries to be made as the Commissioner thinks fit into the facts on which the application is based, and

(b)  may direct the applicant to furnish a statement of further particulars in support of the application.

(2)  The Commissioner is to cause written notice of the granting of leave of absence to a periodic detainee to be given to the detainee.

Part 6 Miscellaneous

192   Transmission of certain notices

(cf clause 31 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

A notice under Part 3 of the Act, or under this Chapter, may be given to a periodic detainee:

(a)  by serving it or causing it to be served on the detainee personally, or

(b)  by sending it or causing it to be sent by post to the detainee’s address as last known to the Commissioner.

193   Offences against discipline

(cf clause 39 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

A contravention by a periodic detainee (whether by act or omission) of a provision of the Act or this Regulation specified in Schedule 3 is declared to be an offence against discipline for the purposes of Division 3 of Part 3 of the Act.

Note. The provisions set out in Schedule 3 include a number of provisions from Chapter 2 (relating to inmates). These provisions are applied to periodic detainees by clause 185.

194   Notices of appeal

(cf clause 42 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  Written notice of the lodgment of an appeal by a periodic detainee against the sentence of imprisonment in respect of which the order for periodic detention is in force must be given to the Commissioner:

(a)  in the case of an appeal under Part 5A of the Justices Act 1902, by the registrar of the court in which the periodic detainee was convicted and the sentence imposed, or

(b)  in any other case, by the registrar of the court in which the appeal is lodged.

(2)  In this clause, registrar means:

(a)  in relation to the Court of Criminal Appeal, the registrar of that court, and

(b)  in relation to the Supreme Court, the Prothonotary, and

(c)  in relation to the District Court, the registrar of that court for the place at which that court is sitting, and

(d)  in relation to a Local Court, the Clerk of the Local Court.

195   Orders transferring unruly periodic detainees

(cf clause 45 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  The general manager responsible for a periodic detention centre must not make an order under section 86 of the Act that a periodic detainee be transferred to a correctional centre unless the general manager of the correctional centre advises that accommodation (separate from accommodation for inmates other than those serving sentences by way of periodic detention) is available at the centre for the detainee.

(2)  The general manager responsible for a periodic detention centre who makes an order under section 86 of the Act that a periodic detainee be transferred to a correctional centre:

(a)  must send a copy of the order to the general manager of the correctional centre, and

(b)  must arrange for the transfer of the detainee to the centre.

196   Requests, complaints or applications

(cf clause 49 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  A request, complaint or application by a periodic detainee to the general manager responsible for a periodic detention centre may be made orally or in writing.

(2)  A complaint:

(a)  must specify the grounds on which it is made, and

(b)  must be made as soon as practicable after the occurrence of the circumstances in respect of which it is made.

(3)  The general manager responsible for a periodic detention centre:

(a)  must ensure that all periodic detainees at the periodic detention centre are given a daily opportunity to make requests, complaints and applications to the general manager, and

(b)  must consider and determine any such request, complaint or application (if practicable, on the day on which it is made) and inform the detainee of the determination made.

197   General manager to report certain matters

(cf clause 50 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

As soon as practicable after receiving from a periodic detainee, or from a person acting on behalf of a periodic detainee, a certificate issued by a registered medical practitioner to the effect that the physical or mental health of the detainee is or may be adversely affected by the detainee’s continuing:

(a)  to comply with a work order or attendance order, or

(b)  to serve a sentence by way of periodic detention,

the general manager of a periodic detention centre must send the certificate to the Commissioner.

198   Periodic Detention Review Committee

(cf clause 41A of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  The Commissioner may establish a committee, to be known as the Periodic Detention Review Committee, to advise the Commissioner on such of the following matters as the Commissioner may from time to time direct:

(a)  the classification of periodic detainees in accordance with categories established by the Commissioner,

(b)  the management of the different categories of periodic detainees,

(c)  the management of long-term absentees (that is, periodic detainees who for long periods have been unable to start or complete their periodic detention for health, compassionate or other reasons).

(2)  The Committee is to consist of such number of members as the Commissioner determines.

(3)  The Commissioner is to ensure that the persons appointed as members have expertise or qualifications appropriate to the functions of the Committee.

(4)  The Committee is to function in accordance with procedures determined by the Commissioner.

199   False or misleading information

A periodic detainee must not, in or in connection with a notice or application under this Chapter or under Part 3 of the Act, make any statement (whether orally or in writing) that the detainee knows to be false or misleading in a material particular.

Note. Failure by a periodic detainee to comply with the requirements of this clause is an offence against discipline.

Chapter 4 Home detention

200   Standard conditions applying to home detention

(cf clause 52 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

For the purposes of section 103 (1) (a) of the Act, the following are standard conditions of home detention:

(a)  the home detainee must be of good behaviour and must not commit any offence,

(b)  the home detainee must advise a supervisor as soon as possible if he or she is arrested or detained by a police officer,

(c)  the home detainee must reside only at premises approved by a supervisor,

(d)  the home detainee must remain at the approved residence at all times otherwise than:

(i)  when engaged in activities approved or arranged by a supervisor, or

(ii)  when faced with immediate danger (such as in a fire or medical emergency),

(e)  the home detainee must adhere to an approved activity plan during approved absences from the approved residence,

(f)  the home detainee must advise a supervisor as soon as practicable after leaving the approved residence due to immediate danger,

(g)  the home detainee must accept any visit to the approved residence by a supervisor at any time,

(h)  the home detainee must submit to searches of places or things under his or her immediate control, as directed by a supervisor,

(i)  the home detainee must submit to electronic monitoring of his or her compliance with the home detention order, and must comply with all instructions given by a supervisor in relation to the operation of monitoring systems,

(j)  the home detainee must not tamper with, damage or disable monitoring equipment,

(k)  the home detainee must comply with any direction of the supervisor in relation to association with specified persons,

(l)  the home detainee must not consume alcohol,

(m)  the home detainee must not use prohibited drugs, obtain drugs unlawfully or abuse drugs lawfully obtained,

(n)  the home detainee must submit to breath testing, urinalysis or other medically approved test procedures for detecting alcohol or drug use, as directed by a supervisor,

(o)  the home detainee must authorise his or her medical practitioner, therapist or counsellor to provide information about the home detainee to a supervisor,

(p)  the home detainee must accept any direction of a supervisor in relation to the maintenance of or obtaining of employment,

(q)  the home detainee must inform any employer of the home detention order and, if so directed by a supervisor, of the nature of the offence that occasioned it,

(r)  the home detainee must authorise contact between any employer of the home detainee and a supervisor,

(s)  the home detainee must engage in personal development activities or in counselling or treatment programs, as directed by a supervisor,

(t)  when not otherwise employed, the home detainee must undertake community service work (not exceeding 20 hours per week), as directed by a supervisor,

(u)  the home detainee must not possess or have in his or her control any firearm or other offensive weapon,

(v)  the home detainee must comply with all reasonable directions of a supervisor.

201   Sanctions for breach of home detention order

(cf clause 53 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  For the purposes of section 106 (b) of the Act, a supervisor may deal with a breach of the conditions applying to a home detention order.

(2)  The supervisor may impose any of the following sanctions for such a breach:

(a)  a formal warning,

(b)  a more stringent application of the conditions of home detention in accordance with the terms of those conditions, such as:

(i)  an increase in required hours of community service work,

(ii)  a reduction in the extent of planned or previously permitted out-of-residence activities,

(iii)  further restrictions on association with other persons.

Chapter 4A Compulsory drug treatment detention

201A   Regulations relating to parole of offenders serving sentences by way of compulsory drug treatment detention: section 106T

Chapter 6 of this Regulation, and Forms 1 and 3, apply to an offender who is serving a sentence by way of compulsory drug treatment detention, subject to the following:

(a)  references to the Parole Authority are taken to be references to the Drug Court,

(b)  references to the Secretary of the Parole Authority are taken to be references to the registrar of the Drug Court.

Note. Section 106T of the Act provides that the Drug Court is the parole authority for offenders in compulsory drug treatment detention. That section provides that Part 6 of the Act (Parole) applies to an offender who is serving a sentence by way of compulsory drug treatment detention, subject to certain modifications.

201B   Application of Part 2 to Stages 1 and 2 compulsory drug treatment detention: section 106V

(1)  For the purposes of section 106V (1) of the Act, the modifications set out in Schedule 6 are prescribed.

(2)  For the avoidance of doubt, a reference in Part 2 of the Act (and the provisions of any regulations made under that Part) as applied by section 106V of the Act to an inmate or convicted inmate is taken to be a reference to an offender who is in closed detention (Stage 1) or semi-open detention (Stage 2).

Note. Section 106V of the Act provides that Part 2 of the Act (and the provisions of any regulations made under that Part), subject to any modifications prescribed by the regulations, apply to and in respect of an offender who is in closed detention (Stage 1) or semi-open detention (Stage 2).

201C   Provision of information relating to offenders: section 106Y

(1)  For the purposes of section 106Y (1) of the Act, the following persons are prescribed, but only if they are involved in the administration of, or provide services in connection with, an offender’s drug treatment under Part 4A of the Act:

(a)  persons acting for or on behalf of any area health service within the meaning of the Health Services Act 1997,

(b)  persons acting for or on behalf of an organisation providing treatment to an offender in connection with the offender’s program,

(c)  any medical practitioner, therapist, counsellor or psychologist.

(2)  For the purposes of section 106Y (2) of the Act:

(a)  the information must be provided to the registrar of the Drug Court or the Commissioner as soon as practicable, but in any case, within 48 hours of the person becoming aware of the information, and

(b)  the information may be provided to the registrar of the Drug Court or the Commissioner:

(i)  personally, or

(ii)  by letter sent by post or otherwise delivered to the offices of the registrar or the Commissioner, or

(iii)  by letter sent to the registrar by means of document exchange facilities, or

(iv)  by facsimile or other electronic transmission, and

(c)  the information provided to the registrar or the Commissioner otherwise than in writing must be confirmed in writing within 24 hours unless the person to whom the information has been provided indicates otherwise.

201D   Periodic drug testing

(1)  The Commissioner is to ensure that each offender is to undergo periodic drug testing in accordance with this clause:

(a)  in relation to an offender in closed detention (Stage 1)—twice a week, and

(b)  in relation to an offender in semi-open detention (Stage 2) or community custody (Stage 3)—3 times a week.

(2)  A person authorised by the Commissioner may, in accordance with the instructions of the Commissioner, require an offender to supply for testing or analysis one or more of the following as a sample and give directions as to how the sample is to be supplied:

(a)  breath,

(b)  urine,

(c)  oral fluid,

(d)  hair.

(3)  The directions may require the offender to comply with directions given by another person as to how the sample is to be supplied.

(4)  A drug test must be carried out by a government analyst.

(5)  A sample may be required under this clause and tested for the presence of a drug even though the offender concerned may not be reasonably suspected of having administered a drug to himself or herself or of being under the influence of a drug.

201E   Random drug testing

(1)  The Commissioner is to ensure that offenders in compulsory drug treatment detention are required to undergo random drug testing in accordance with this clause at such times as the Commissioner sees fit.

(2)  A person authorised by the Commissioner may, in accordance with the instructions of the Commissioner, require an offender to supply for testing or analysis one or more of the following as a sample and give directions as to how the sample is to be supplied:

(a)  breath,

(b)  urine,

(c)  oral fluid,

(d)  hair.

(3)  The directions may require the offender to comply with directions given by another person as to how the sample is to be supplied.

(4)  A drug test must be carried out by a government analyst.

(5)  A sample may be required under this clause and tested for the presence of a drug even though the offender concerned may not be reasonably suspected of having administered a drug to himself or herself or of being under the influence of a drug.

201F   Evidence as to use of drugs

(1)  In any proceedings before the Drug Court, a certificate signed by an authorised officer to the effect that:

(a)  a person received a sample obtained in a specified manner, or

(b)  the person arranged for the sample to be submitted for analysis by a government analyst to determine the presence of any drugs in an offender’s body or the sample, or

(c)  the container was sealed, and marked or labelled, in a specified manner,

      is admissible in evidence of the facts so certified.

(2)  In any such proceedings, a certificate signed by a government analyst to the effect that, on a specified day:

(a)  the analyst received for analysis a container holding a specified sample, or

(b)  the container, when received, was sealed with an unbroken seal, and was marked or labelled in a specified manner, or

(c)  the analyst carried out an analysis of the sample to determine the presence of drugs in the sample, or

(d)  the analyst determined that a specified drug was present or was present to a specified extent in the sample, or

(e)  the analyst was, at the time of the analysis, a government analyst,

      is admissible in evidence of the facts so certified.

(3)  In any such proceedings:

(a)  evidence that a government analyst received a container holding a sample, being a container that was marked or labelled to indicate that it held a sample obtained from a specified offender on a specified day, is evidence that the sample was a sample obtained from that offender on that day, and

(b)  evidence that the container, when received, was sealed with an unbroken seal is evidence that the sample had not been tampered with before it was received by the government analyst.

201G   Conditions that may be imposed as part of community supervision orders for Stage 2 and Stage 3 offenders: section 106O (2) (e)

The following are conditions that may be imposed as part of a community supervision order on an offender in semi-open detention (Stage 2) and community custody (Stage 3):

(a)  the offender must advise the Director as soon as possible if he or she is arrested or detained by a police officer,

(b)  the offender must submit to searches of places or things under his or her immediate control, as directed by the Director,

(c)  the offender must submit to electronic monitoring of his or her compliance with the community supervision order, and must comply with all instructions given by the Director in relation to the operation of monitoring systems,

(d)  the offender must not tamper with, damage or disable monitoring equipment,

(e)  the offender must inform any employer of the compulsory drug treatment order and, if so directed by the Director, of the nature of the offence that occasioned it,

(f)  the offender must authorise contact between any employer of the offender and the Director,

(g)  when not otherwise employed, the offender must undertake community service work if directed by the Director,

(h)  the offender must comply with any reasonable direction of the Director in relation to association with specified persons,

(i)  the offender must comply with any reasonable direction of the Director in relation to the maintenance of or obtaining of employment,

(j)  the offender must comply with all other reasonable directions of the Director,

(k)  the offender must reside only at accommodation approved by the Drug Court,

(l)  the offender must remain at the approved accommodation at all times otherwise than:

(i)  when engaged in activities approved or arranged by the Director, or

(ii)  when faced with immediate danger (such as in a fire or medical emergency),

(m)  the offender must adhere to an approved program of activities during approved absences from the approved accommodation,

(n)  the offender must advise the Director as soon as practicable after leaving the approved accommodation due to immediate danger,

(o)  the offender must allow any visit to the approved accommodation by the Director, and any person approved by the Director, at any time.

Chapter 5 Community service work

202   Hours of work

(cf clause 55 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

An offender must not be directed:

(a)  to perform more than 8 hours of community service work (including time spent participating in a development program) in any one day, or

(b)  to participate in a development program for more than 5 hours in any one day,

except by agreement between the offender and the assigned officer.

203   Meal breaks and tea breaks

(cf clause 56 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

An offender is entitled to:

(a)  a 10-minute tea break during each 3-hour period of community service work, and

(b)  a 45-minute meal break at the end of each 4-hour period of community service work (inclusive of any tea break).

204   Computation of hours

(cf clause 57 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  The following periods are to be taken to form part of the time spent by an offender in performing community service work:

(a)  the time spent by the offender at a work site or attendance site in actually carrying out community service work,

(b)  the time spent by the offender at a work site or attendance site in having any tea break or meal break to which an offender is entitled,

(c)  the time spent by the offender at a work site or attendance site (otherwise than as referred to in paragraph (a) or (b)) in accordance with a direction of the assigned officer,

(d)  such of the time spent by the offender in travelling between the offender’s residence and work site or attendance site as the assigned officer thinks fit,

(e)  such part of the period between:

(i)  the offender’s early release from community service work on any day, and

(ii)  the time when the offender would (but for the early release) have been released,

      as the assigned officer thinks fit.

(2)  If, while at the work site or attendance site, an offender:

(a)  is under the influence of drugs or alcohol, or

(b)  conducts himself or herself in an offensive manner,

      the offender’s assigned officer may deduct the whole or any part of the time spent by the offender at a work site or attendance site from any calculation of time spent by the offender in performing community service work.

(3)  The periods of time referred to in subclause (1) (d) and (e) and subclause (2) are to be determined by the offender’s assigned officer in accordance with any relevant directions given by the Commissioner.

205   Standard conditions applying to community service work

(cf clause 58 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  For the purposes of section 108 (a) of the Act, the following are standard conditions in respect of each community service order:

(a)  the offender must not report for, or perform, community service work while under the influence of drugs or alcohol,

(b)  the offender must participate in any activities connected with the administration of the order in which the offender is directed by the assigned officer or supervisor to participate,

(c)  the offender must perform community service work in accordance with the directions of, and to the standard specified by, his or her assigned officer or supervisor,

(d)  the offender must furnish his or her assigned officer with written notice of the reasons for any failure by the offender to report to a work site or attendance site in accordance with his or her obligations,

(e)  the offender must submit to a medical examination by a medical practitioner nominated by his or her assigned officer if at any time the assigned officer so directs,

(f)  the offender must receive visits at the offender’s home within reasonable hours by the assigned officer or supervisor for any purpose connected with the administration of the order,

(g)  the offender must comply with such standards of dress, cleanliness and conduct as the assigned officer or supervisor may from time to time determine,

(h)  the offender must keep in good order and condition such clothing and equipment as may be issued to the offender for the purpose of performing community service work,

(i)  the offender must observe such standards of safety with respect to his or her performance of community service work as the assigned officer or supervisor may from time to time determine,

(j)  the offender must sign an attendance register on arrival at and on departure from any work site or attendance site,

(k)  the offender must not damage or deface property that is on or forms part of a work site or attendance site, otherwise than in the course of performing community service work in accordance with the directions of the assigned officer or supervisor,

(l)  the offender must not have possession of or consume any alcohol or other intoxicating substance while at a work site or attendance site,

(m)  the offender must comply with any reasonable direction given orally or in writing to the offender by the assigned officer or supervisor,

(n)  if the offender is directed to do anything that he or she is incapable of doing, the offender must immediately advise the assigned officer or supervisor of that fact.

(2)  If illness or injury is the reason for an offender’s failure to report, as referred to in subclause (1) (d), the written notice referred to in that paragraph must be accompanied by a certificate, issued by a medical practitioner, stating the nature of the illness or injury and indicating that its nature or extent is such as to justify the offender’s failure to report.

205A   Testing for alcohol and drugs

(1)  On forming a suspicion that an offender who is in attendance at a work site or attendance site has recently consumed or is under the influence of alcohol or any other intoxicating substance, an authorised testing officer may require the offender to undergo a breath test.

(2)  On forming a suspicion that an offender who is in attendance at a work site or attendance site:

(a)  has been administered (whether by himself or herself or otherwise) with a drug, or

(b)  is under the influence of a drug,

      an authorised testing officer may require the offender to supply a sample of urine for testing or analysis and give directions as to how the sample is to be supplied.

(3)  An offender must not refuse or fail to comply with a requirement under this clause.

Maximum penalty: 5 penalty units.

(4)  In this clause, authorised testing officer means a person who is authorised by the Commissioner to exercise the functions of an authorised testing officer for the purposes of this clause.

206   Offender may be exempted from compliance with certain directions on grounds of incapacity

(cf clause 59 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  If satisfied that an offender is incapable of doing something that he or she has been directed to do, the offender’s assigned officer or supervisor may exempt the offender from the direction, even if the direction was given by some other assigned officer or supervisor.

(2)  Before exempting an offender from a direction, or as a condition of giving such an exemption, the assigned officer or supervisor may require the offender to furnish a certificate issued by a registered medical practitioner to the effect that the offender is incapable of doing the thing concerned.

207   Transport arrangements

(cf clause 60 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

The Commissioner may make arrangements for the provision of transport of offenders to and from any work site or attendance site.

208   Appointments of assigned officers

(cf clause 61 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  The Commissioner may appoint any person who is, in the opinion of the Commissioner, suitably qualified and of suitable character to exercise the functions of an assigned officer as referred to in paragraph (b) of the definition of assigned officer in section 107 of the Act.

(2)  A person appointed under this clause is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Commissioner may determine in respect of the person, unless the person is an officer or temporary employee of the Public Service.

209   Appointment of supervisors

(cf clause 62 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  The Commissioner may appoint any person who is, in the opinion of the Commissioner, suitably qualified and of suitable character to be a supervisor as referred to in the definition of supervisor in section 107 of the Act.

(2)  A person appointed under this clause is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Commissioner may determine in respect of the person, unless the person is an officer or temporary employee of the Public Service.

210   Supervisor to report to assigned officer

(cf clause 63 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

A supervisor must, when required by an assigned officer to do so, report to the assigned officer on any matter relating to an offender under the supervisor’s supervision.

211   Application for extension or revocation of order made by court

(cf clause 64 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  The following applications must be in writing in such form as the Commissioner may from time to time determine:

(a)  an application under section 114 of the Act for an extension of the period for which a community service order is in force,

(b)  an application under section 115 of the Act for the revocation of a community service order.

(2)  The court to which such an application is made is to fix a date for the hearing of the application, being a date not earlier than 14 days after, and not later than 3 months after, the date of filing of the application.

(3)  A copy of the application must be given not later than 5 days before the date fixed for hearing of the application:

(a)  to the offender, if the applicant is an assigned officer, or

(b)  to the assigned officer, if the applicant is an offender.

(4)  For the purposes of subclause (3), the application may be given to a person by the court or by the applicant:

(a)  by serving it or causing it to be served on the person personally, or

(b)  by sending it or causing it to be sent by post to the person’s address as last known to the applicant.

(5)  The court may vary or waive the requirements of subclause (2) or (3) with the consent of the offender.

Chapter 6 Parole

212   Consultation required before conditions as to residence or treatment imposed on parole

(cf clause 66 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  Before the Parole Authority makes a parole order containing terms or conditions relating to residence or treatment:

(a)  it must consider a report from a probation and parole officer as to the offender’s circumstances, and

(b)  it must satisfy itself, having regard to the probation and parole officer’s report, that it is feasible to secure compliance with the terms or conditions.

(2)  Before the Parole Authority makes a parole order containing terms or conditions requiring the co-operation of a person other than the offender or a probation and parole officer, it must obtain the consent of the person to the specification of those terms and conditions in so far as they require the person’s co-operation.

213   Parole orders

(cf clause 67 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  A parole order made by the Parole Authority must be reduced to writing using Form 1.

(2)  A copy of the order must be given to the offender, and further copies are to be sent to the following persons:

(a)  the general manager of the correctional centre, or the general manager responsible for the periodic detention centre, in which the offender is kept,

(b)  the Commissioner.

(3)  Copies of the order sent to the general manager of a correctional centre, or the general manager responsible for a periodic detention centre, are, if practicable, to be sent so as to arrive at the centre at or before the time the offender arrives.

214   Offender to be given explanation of parole order

(cf clause 68 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  On the offender’s day of release from a correctional centre or periodic detention centre, the general manager must ensure that:

(a)  the order is read to the offender, and

(b)  the effect of the order is explained to the offender in language that is capable of being readily understood by the offender, and

(c)  the offender indicates that the offender understands the terms and conditions on which the offender is to be released by signing a statement to that effect on a copy of the order, and

(d)  all copies of the order are endorsed with the offender’s date of release, and

(e)  a copy of the order is given to the offender, and

(f)  the copy of the order containing the signed statement referred to in paragraph (c) is retained at the centre.

(2)  If an offender is subject to more than one parole order, this clause does not require common provisions in the orders to be read to the offender more than once.

(3)  The requirements of this clause do not apply in circumstances (such as when the offender is seriously ill) in which compliance with them would be obviously ineffectual.

215   Standard conditions applying to parole

(cf clause 69 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

For the purposes of section 128 (1) (a) of the Act, the following are standard conditions of parole:

(a)  the offender must be of good behaviour and must not, while on release on parole, commit any offence,

(b)  the relevant parole order may be revoked if the offender contravenes any of the terms and conditions of the order,

(c)  the relevant parole order may be revoked if the Parole Authority determines that it has sufficient reason to believe that the offender, having been released from custody, has not adapted to normal lawful community life.

216   Imposition and extension of supervision conditions

(cf clause 70 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  A condition of a parole order may require the offender to be subject to supervision for up to 3 years from the date on which the offender is released in accordance with the order.

(2)  In the case of a serious offender, the Parole Authority may while the parole order is in force extend the period of supervision by, or impose a further period of supervision of, up to 3 years at a time.

(2A)  Nothing in this clause enables the Parole Authority to extend the period of supervision beyond the expiry date of the sentence.

(2B)  The amendment made to subclause (2) by the Crimes (Administration of Sentences) Amendment (Miscellaneous) Regulation 2004 extends to a parole order in force as at the commencement of that Regulation.

(2C)  Subclauses (1)–(2B) do not apply to an offender to whom section 128B of the Act applies.

(3)  For the purposes of section 128 (3) of the Act:

(a)  the prescribed supervision for an offender (other than an offender to whom section 128B of the Act applies) is supervision by a probation and parole officer, and

(b)  the prescribed supervision for an offender to whom section 128B of the Act applies is supervision by a probation and parole officer or by some other Departmental officer.

(4)  The supervision referred to in subclause (3) (b) is also prescribed for the purposes of section 128B (2) (a) of the Act.

217   Supervision conditions generally

(cf clause 71 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  This clause applies to an offender whose parole order includes a condition requiring that the offender be subject to supervision.

(2)  While the offender is subject to supervision by a probation and parole officer under such a condition, the offender has the following obligations:

(a)  to obey all reasonable directions of the officer,

(b)  to report to the officer (or to another person nominated by the officer) at such times and places as the officer may from time to time direct,

(c)  to be available for interview at such times and places as the officer (or the officer’s nominee) may from time to time direct,

(d)  to reside at an address approved by the officer,

(d1)  to permit the officer to visit the offender at the offender’s residential address at any time and, for that purpose, to enter the premises at that address,

(e)  not to leave New South Wales without the permission of the officer’s District Manager,

(f)  not to leave Australia without the permission of the Parole Authority,

(g)  if unemployed, to enter into employment arranged or agreed on by the officer, or make himself or herself available for employment, training or participation in a personal development program as instructed by the officer,

(h)  to notify the officer of any intention to change his or her employment:

(i)  if practicable, before the change occurs, or

(ii)  otherwise, at his or her next interview with the officer,

(i)  not to associate with any person or persons specified by the officer,

(j)  not to frequent or visit any place or district designated by the officer,

(k)  not to use prohibited drugs, obtain drugs unlawfully or abuse drugs lawfully obtained.

(3)  An offender’s probation and parole officer may, with the concurrence of the officer’s District Manager, direct that the conditions of the offender’s parole order in relation to supervision are suspended.

(4)  Such a direction takes effect when notice of the direction is given to the offender.

(5)  Subclauses (3) and (4) do not apply to an offender to whom section 128B of the Act applies.

218   Variation of conditions so as to require supervision

(cf clause 72 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  If the Parole Authority varies the conditions of a parole order so as to make the offender subject to supervision under the order, or so as to affect the supervision of the offender, it must send notice of the variation to the Commissioner.

(2)  This clause does not apply to an offender to whom section 128B of the Act applies.

218A   Commissioner to review supervision obligations for offenders serving existing life sentences

(1)  This clause applies to an offender to whom section 128B of the Act applies.

(2)  An offender’s section 128B obligations must be reviewed by the Commissioner at intervals of not more than 12 months.

(3)  As soon as practicable after imposing any section 128B obligations on an offender, the Commissioner must notify the Parole Authority of that fact.

(4)  In this clause, section 128B obligation means an obligation to which an offender is subject under section 128B (2) (b) of the Act.

219   Revocation of parole order before release

(cf clause 73 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  For the purposes of section 130 of the Act, the following circumstances are prescribed as circumstances in which the Parole Authority may revoke a parole order:

(a)  circumstances in which the offender requests that the order be revoked,

(b)  circumstances in which the Parole Authority decides, before releasing the offender, that the offender is unable to adapt to normal lawful community life,

(c)  circumstances in which:

(i)  a request is made under section 172 of the Act, or a direction is given by a court (whether or not under the Act), for the Parole Authority to consider whether the order should be revoked on a specified ground, and

(ii)  the Parole Authority decides that the order should be revoked on that ground.

(2)  The Parole Authority must send copies of an order under section 130 of the Act to the general manager of the correctional centre, or the general manager responsible for the periodic detention centre, in which the offender is kept.

(3)  As soon as practicable after receiving the order, the general manager must ensure that:

(a)  the order is read to the offender, and

(b)  the effect of the order is explained to the offender in language that is capable of being readily understood by the offender, and

(c)  the offender’s rights to a review of the revocation are explained to the offender in language that is capable of being readily understood by the offender, and

(d)  a copy of the order is handed to the offender.

(4)  The Parole Authority must send notice of the revocation of a parole order under section 130 of the Act to the Commissioner.

219A   Circumstances constituting manifest injustice

(1)  For the purpose of section 137B of the Act, the following circumstances are prescribed as circumstances which constitute manifest injustice:

(a)  where parole has previously been refused and it subsequently becomes apparent that it was refused on the basis of false, misleading or irrelevant information,

(b)  where the Parole Authority has previously refused to grant parole because the offender had not, due to circumstances beyond the offender’s control, satisfactorily completed a program and the offender subsequently completes that program satisfactorily,

(c)  where the Parole Authority has previously refused to grant parole because suitable post-release accommodation for the offender was not available, due to circumstances beyond the offender’s control, and such accommodation subsequently becomes available,

(d)  where the Parole Authority has previously refused to grant parole because the offender had not satisfactorily completed a period of external leave, due to circumstances beyond the offender’s control, and the offender subsequently completes that period of external leave satisfactorily,

(e)  where the Parole Authority has previously refused to grant parole because a medical, psychiatric, or psychological report required by the Parole Authority to consider whether the offender should be released on parole was not available, due to circumstances beyond the offender’s control, and the report subsequently becomes available and indicates that it is appropriate for the Parole Authority to consider granting parole,

(f)  where the Parole Authority has previously refused to grant parole because information or material reasonably required by the Parole Authority to consider whether the offender should be released on parole was not available, due to circumstances beyond the offender’s control, and that information or material subsequently becomes available,

(g)  where the Parole Authority has previously refused to grant parole because an appropriate community health service required by the offender was not available to the offender, due to circumstances beyond the offender’s control, and the appropriate service subsequently becomes available to the offender,

(h)  where the Parole Authority has previously refused to grant parole because the offender was charged with a further offence and the charge is subsequently withdrawn or dismissed.

(2)  For the purpose of section 143B of the Act, the circumstances specified in subclause (1) are prescribed as circumstances which constitute manifest injustice in relation to a serious offender if the Review Council has advised the Parole Authority that it is appropriate for the offender to be considered for release on parole.

(3)  For the purposes of section 175 (1A) of the Act, circumstances in which it becomes apparent that the relevant periodic detention order or home detention order has been revoked on the basis of false, misleading or irrelevant information are prescribed as circumstances which constitute manifest injustice.

220   Notice of initial intention to refuse release on parole

(cf clause 74 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  A notice under section 139 (1) (a) of the Act must be sent to the general manager of the correctional centre, or the general manager responsible for the periodic detention centre, in which the offender is kept.

(2)  As soon as practicable after receiving the notice, the general manager must ensure that:

(a)  the notice is read to the offender, and

(b)  the effect of the notice is explained to the offender in language that is capable of being readily understood by the offender, and

(c)  the notice is handed to the offender.

(3)  (Repealed)

221   Decision on review of parole refusal

(cf clause 75 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  A notice under section 141 (4) (b) of the Act must be sent to the general manager of the correctional centre, or the general manager responsible for the periodic detention centre, in which the offender is kept.

(2)  As soon as practicable after receiving the notice, the general manager must ensure that:

(a)  the notice is read to the offender, and

(b)  the effect of the notice is explained to the offender in language that is capable of being readily understood by the offender, and

(c)  the offender’s rights concerning the Parole Authority’s decision are explained to the offender in language that is capable of being readily understood by the offender, and

(d)  the notice is handed to the offender.

(3)  The general manager must keep a copy of the notice.

(4)  The Parole Authority must send a copy of the notice to the Commissioner.

221A   Submissions by Commissioner

(1)  If the Commissioner notifies the Parole Authority that he or she may wish to make a submission under section 141A of the Act concerning the release on parole of an offender, the Parole Authority must give the Commissioner copies of the reports and other documents intended to be used by the Parole Authority in deciding whether the offender should be released on parole.

(2)  For the purposes of making a submission under section 141A of the Act, the Commissioner:

(a)  may be represented by a legal practitioner or, with the consent of the Parole Authority, by any other person, and

(b)  may call and examine any witness who attends, including any witness called by the Parole Authority, and

(c)  may give evidence on oath, and

(d)  may produce documents and exhibits to the Parole Authority, and

(e)  may otherwise adduce, orally and in writing, to the Parole Authority such matters, and address the Parole Authority on such matters, as are relevant to the proceedings before the Parole Authority.

222   Notices to victims

(cf clause 76 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  The notice to a victim of a serious offender to be given under section 145 (1) of the Act:

(a)  is to be in writing and sent by post to the last postal address that has been recorded in the Victims Register for the victim, or

(b)  is to be given by telephone if only a telephone number has been recorded in the Victims Register, or if the Parole Authority has reason to believe that any telephone number that has been so recorded is more up to date than the last postal address so recorded.

(2)  Notice under section 146 (5) (b) of the Act is to be given to each victim of the serious offender, and subclause (1) applies to any such notice in the same way as it applies to a notice under section 145 (1) of the Act.

(3)  The Parole Authority is to keep a record of the giving of any notice under this clause.

223   Submissions by the State

(cf clause 77 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  If the State notifies the Parole Authority that it may wish to make a submission under section 153 of the Act concerning the release on parole of a serious offender, the Parole Authority must give the State copies of the reports and other documents intended to be used by the Parole Authority in deciding whether the offender should be released on parole.

(2)  For the purposes of making a submission under section 153 of the Act, the State:

(a)  may be represented by a legal practitioner or, with the consent of the Parole Authority, by any other person, and

(b)  may call and examine any witness who attends, including any witness called by the Parole Authority, and

(c)  may give evidence on oath, and

(d)  may produce documents and exhibits to the Parole Authority, and

(e)  may otherwise adduce, orally and in writing, to the Parole Authority such matters, and address the Parole Authority on such matters, as are relevant to the proceedings before the Parole Authority.

(3)  A reference in this clause to the State includes a reference to any agent of the State.

224   Instrument requiring attendance

(cf clause 78 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

For the purposes of section 186 (1) of the Act, an instrument in writing referred to in that subsection must be in Form 3.

225   Records of proceedings

(cf clause 79 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

The Parole Authority must keep a record (in writing or otherwise) of the proceedings of the Parole Authority, including a record of:

(a)  whether the State has appeared or been represented before the Parole Authority, and

(b)  the persons appearing or represented before the Parole Authority, and

(c)  the submissions (if any) made by the State or any such person, and

(d)  the reasons (if any) stated in support of those submissions.

Chapter 7 Revocation by Parole Authority of certain orders

226   Supervision during home detention assessment

(cf clause 80A of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  This clause applies where the Parole Authority has released an offender under section 165AA (1) of the Act pending a decision whether or not to make a home detention order.

(2)  The prescribed supervision, for the purposes of section 165AA (1) of the Act, is the supervision of a probation and parole officer, with the following supervision conditions:

(a)  the offender is to be of good behaviour and not commit any new offence,

(b)  the offender is to permit visits by the officer to the offender’s proposed place of residence at such times as the officer considers necessary,

(c)  the offender is to submit to breath testing and urinalysis for detecting of drug use as and when directed by the officer,

(d)  the offender is to authorise the following persons to provide information about him or her to the officer:

(i)  the offender’s medical practitioners,

(ii)  the offender’s therapist (if any),

(iii)  the offender’s counsellor (if any),

(e)  the offender is to obey all reasonable directions of the officer.

227   Withdrawal of consent to operation of home detention order

(cf clause 80B of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

For the purposes of section 167 (1) (d) of the Act, the prescribed form of withdrawal of consent is as set out in Form 4.

228   Revocation of order and review of revocation

(cf clause 81 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  For the purposes of section 173 (2) (a) of the Act, the prescribed form for a notice of revocation of a periodic detention order, home detention order or parole order is Form 5.

(2)  The notice must be sent to the general manager of the correctional centre, or the general manager responsible for the periodic detention centre, in which the offender is kept.

(3)  As soon as practicable after receiving the notice, the general manager must ensure that:

(a)  the notice is read to the offender, and

(b)  the effect of the notice is explained to the offender in language that is capable of being readily understood by the offender, and

(c)  the notice is handed to the offender.

(4)  Notice of an offender’s intention to make representations to the Parole Authority concerning the revocation of a parole order:

(a)  may be given using Form 6, and

(b)  must be given by the offender to the general manager, or the general manager responsible for the periodic detention centre, in which the offender is kept, and

(c)  must be sent by the general manager to the Secretary of the Parole Authority.

229   Decision on review of revocation

(cf clause 82 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  The Parole Authority must send written notice of its decision following a review under section 175 of the Act to the following persons:

(a)  the general manager, or the general manager responsible for the periodic detention centre, in which the offender is kept, and

(b)  the Commissioner.

(2)  As soon as practicable after receiving the notice, the general manager must ensure that:

(a)  the notice is read to the offender, and

(b)  the effect of the notice is explained to the offender in language that is capable of being readily understood by the offender, and

(c)  the offender’s rights concerning the decision are explained to the offender in language that is capable of being readily understood by the offender.

230   Notice of revocation of order

(cf clause 83 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  If the Parole Authority revokes a periodic detention order, home detention order or parole order under section 179 (1) of the Act, the Secretary of the Parole Authority must send written notice of that fact to the Commissioner.

(2)  The notice must be in Form 7 and must specify any direction of the Parole Authority as to the day on which the order is to be treated as having been revoked.

231   Inquiry into suspected breach of order

(cf clause 84 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  A notice under section 180 (1) (a) of the Act by which an offender is called on to appear before the Parole Authority must be served on the offender at least 7 days before the date set for the inquiry referred to in the notice.

(2)  The Parole Authority must send a copy of each such notice to the Commissioner.

232   Arrest warrants

(cf clause 85 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

A warrant for the arrest of a person under section 180 of the Act must be in Form 8.

233   Warrants of commitment

(cf clause 86 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

A warrant for the commitment of an offender to a correctional centre under section 181 of the Act must be in Form 9.

Chapter 8 Administration

Part 1 Correctional officers and Departmental officers

234   Oath or affirmation of office

(cf clause 51 of Correctional Centre Administration Regulation 1995)

(1)  For the purposes of section 236 of the Act, the form for the oath of office as a correctional officer is as follows:

I, (name of person making oath), do swear that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second as a correctional officer without fear or favour, malice or ill-will until I am legally discharged, and that while I continue to be a correctional officer I will to the best of my skill and knowledge discharge all my duties faithfully according to law. So help me God.

(2)  For the purposes of section 236 of the Act, the form for the affirmation of office as a correctional officer is as follows:

I, (name of person making affirmation), do solemnly, sincerely and truly declare and affirm that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second as a correctional officer without fear or favour, malice or ill-will until I am legally discharged, and that while I continue to be a correctional officer I will to the best of my skill and knowledge discharge all my duties faithfully according to law.

235   Compliance with Commissioner’s instructions and general manager’s directions

(cf clause 22 of Correctional Centre Administration Regulation 1995)

(1)  The general manager of a correctional centre may give directions (not inconsistent with the Commissioner’s instructions) with respect to the administration of the Act in relation to the centre, and must ensure that a record is kept of each such direction.

(2)  A correctional officer or Departmental officer must comply with the Commissioner’s instructions.

(3)  While employed within a correctional centre, a correctional officer must obey all lawful directions given by the general manager of the centre, whether given under this clause or otherwise.

(4)  While on the premises of a correctional centre, a Departmental officer must obey all lawful directions given by the general manager of the centre, whether given under this clause or otherwise.

(5)  For the purposes of any disciplinary proceedings, a correctional officer or Departmental officer is to be presumed to be aware of the officer’s obligations under the Act and this Regulation.

Note. Correctional officers and Departmental officers are employed under, and so subject to the disciplinary provisions of, the Public Sector Management Act 1988.

236   Declaration about associations with inmates

(cf clause 23 of Correctional Centre Administration Regulation 1995)

(1)  A correctional officer or Departmental officer must give written notice to the Commissioner as to any offender:

(a)  to whom the officer is related, whether by blood or by marriage, or

(b)  of whom the officer is an associate, whether as a neighbour, friend or acquaintance or through business, sporting or social contact.

(2)  Such a notice must show the nature and duration of the officer’s relationship or association with any such offender.

(3)  Such a notice must be given before the officer first starts duty as a correctional officer or Departmental officer, and subsequently as circumstances require.

(4)  A correctional officer or Departmental officer must not make a declaration under this clause that the officer knows, or ought reasonably to know, is false or misleading in a material particular.

(5)  In this clause, offender means any inmate, periodic detainee or home detainee or any person in respect of whom a community service order or parole order is in force.

(6)  This clause does not apply if the association between an officer and offender is through unintentional business, sporting or social contact in a public place.

237   Suspected offences by inmates

(cf clause 24 of Correctional Centre Administration Regulation 1995)

(1)  A correctional officer or Departmental officer who suspects that an inmate has committed, or is about to commit, an offence must report that fact to the general manager immediately.

(2)  A correctional officer may confine any such inmate to the inmate’s cell, or in some other appropriate place of confinement, pending instructions as to how the inmate should be dealt with.

(3)  An inmate in respect of whom one or more offences have been reported may be confined under this clause, whether for one or more periods of confinement, for no more than 48 hours in total in respect of those offences.

238   Uniform

(cf clause 25 of Correctional Centre Administration Regulation 1995)

(1)  Unless exempted by the Commissioner, a correctional officer must wear the uniform appropriate to the officer’s rank at all times while on duty.

(2)  On ceasing to be a correctional officer, a person must return his or her uniform to the Department or must satisfactorily account for it to the Commissioner.

239   Keys and access cards

(cf clauses 6 and 26 of Correctional Centre Administration Regulation 1995)

(1)  The general manager of a correctional centre is to ensure that the keys and access cards of the centre are duly issued and accounted for.

(2)  A correctional officer, Departmental officer, medical officer or nursing officer to whom a key or access card is issued must keep it on his or her person at all times until it is returned.

(3)  The officer must not leave a correctional centre while a key of the centre is in his or her possession.

240   Searching of officers

(cf clause 27 of Correctional Centre Administration Regulation 1995)

The general manager of a correctional centre or the principal security officer may require a correctional officer or Departmental officer who is on the premises of the centre:

(a)  to submit to an inspection and search of personal possessions, to scanning by means of an electronic scanning device and to being sniffed by a dog, and

(b)  to empty the pockets of the officer’s clothing, and

(c)  to make available for inspection and search any room, locker or vehicle that is under the officer’s control at the centre.

241   Visitors

(cf clause 28 of Correctional Centre Administration Regulation 1995)

A correctional officer is not to receive visitors at any time while on duty at a correctional centre except with the permission of the general manager of the centre.

242   (Repealed)

243   Insulting or abusive language

(cf clause 32 of Correctional Centre Administration Regulation 1995)

(1)  A correctional officer, Departmental officer, medical officer or nursing officer must not use insulting or abusive language to any other officer, to any inmate or to any person visiting a correctional centre.

(2)  A correctional officer, Departmental officer, medical officer or nursing officer must not say or do anything that is calculated to undermine discipline at a correctional centre or to prejudice the efficiency of, or to bring discredit on, the Department.

(3)  A correctional officer, Departmental officer, medical officer or nursing officer must not act deliberately in a manner calculated to provoke an inmate.

244   Smoking in non-smoking areas of correctional centres prohibited

(cf clause 32A of Correctional Centre Administration Regulation 1995)

A correctional officer, Departmental officer, medical officer or nursing officer must not:

(a)  smoke in a non-smoking area, or

(b)  alter, damage or remove any sign or notice relating to a non-smoking area.

245   Honesty

(cf clause 33 of Correctional Centre Administration Regulation 1995)

(1)  A correctional officer, Departmental officer, medical officer or nursing officer must at all times be honest and truthful.

(2)  A correctional officer, Departmental officer, medical officer or nursing officer:

(a)  must not make any statement that the officer knows, or ought reasonably to know, to be false or misleading in a material particular, and

(b)  must not destroy or mutilate, or alter or erase any entry in, an official document.

246   Vigilance

(cf clause 34 of Correctional Centre Administration Regulation 1995)

(1)  A correctional officer on duty must at all times devote the whole of his or her attention to the performance of his or her duties.

(2)  A correctional officer must not do anything that is calculated to distract another correctional officer from the performance of the officer’s duties.

(3)  A correctional officer must not cease duty until permitted to do so by the general manager.

247   Reporting of misconduct by correctional officers

(cf clause 35 of Correctional Centre Administration Regulation 1995)

(1)  If:

(a)  an allegation is made to a correctional officer that another correctional officer has, while carrying out his or her duties as such an officer, engaged in conduct which, in the opinion of the officer to whom the allegation is made, constitutes a criminal offence or other misconduct, or

(b)  a correctional officer sincerely believes that another correctional officer has engaged in conduct of that kind,

      the correctional officer must report the conduct (or alleged conduct) to a correctional officer who is more senior in rank than the officer making the report.

(2)  The senior correctional officer must report the conduct (or alleged conduct) promptly to the Commissioner if the senior correctional officer believes that it:

(a)  constitutes (or would constitute) a criminal offence by the correctional officer, or

(b)  would provide sufficient grounds for preferring a departmental charge against the correctional officer.

(3)  Subclause (1) does not apply to conduct or alleged conduct:

(a)  that has been made the subject of a departmental charge, or

(b)  that has been the subject of evidence or other material given, or submissions made, in the course of criminal proceedings, or

(c)  that has already been reported under this clause to a more senior correctional officer.

(4)  A correctional officer must not, in relation to any other correctional officer:

(a)  fail to approve or recommend the promotion of the other officer, or

(b)  take, approve or recommend disciplinary action against the other officer, or

(c)  direct, approve or recommend the transfer of the other officer to another position in the Department, or

(d)  make, approve or recommend a decision which detrimentally affects the benefits or awards of the other officer, or

(e)  fail to approve or recommend that the other officer receive education or training which could reasonably be expected to improve the officer’s opportunities for promotion or to confer some other advantage on the officer, or

(f)  change the duties of the other officer so that they are not appropriate to the officer’s salary or position or approve or recommend such a change, or

(g)  otherwise act to the detriment of the other officer,

      in retaliation against the other officer because he or she has acted in accordance with this clause or has disclosed information relating to conduct contrary to law to any other correctional officer.

(5)  In this clause, departmental charge means a charge relating to a breach of discipline under Part 5 of the Public Sector Management Act 1988 committed or alleged to have been committed by the correctional officer to whom the charge relates.

248   Certain contraventions to be dealt with as misconduct

A correctional officer, Departmental officer or casual employee who contravenes a provision of this Regulation is not guilty of an offence but any such contravention may be dealt with as misconduct, under Part 2.7 of the Public Sector Employment and Management Act 2002, or any other applicable provision of that Act.

Note. The services of a temporary employee or a casual employee may be dispensed with at any time under section 30 or 39 of the Public Sector Employment and Management Act 2002.

249   Confidentiality of records

(cf clause 22 of Correctional Centre Routine Regulation 1995)

(1)  A person involved in the administration of the Act is not authorised to furnish to any other person:

(a)  a photograph, film or video or audio recording of an inmate, or

(b)  an impression of an inmate’s handprints, fingerprints, footprints or toeprints, or

(c)  any other forensic material (within the meaning of the Crimes (Forensic Procedures) Act 2000) relating to an inmate.

(2)  This clause does not apply in the circumstances referred to in section 257 (a)–(e) of the Act.

Note. The circumstances referred to in subclause (2) are the circumstances in which a person is authorised to divulge information obtained in connection with the administration of the Act.

Part 1A Conduct of members of correctional staff regarding alcohol and prohibited drugs

Division 1 Preliminary

249A   Interpretation

(1)  In this Part:

analyst means:

(a)  an analyst within the meaning of the Road Transport (Safety and Traffic Management) Act 1999, or

(b)  a person employed by the owner or operator of an approved laboratory as an analyst.

approved counsellor means a counsellor approved for the purposes of this Part by the Commissioner.

approved laboratory means a laboratory accredited by the New South Wales Department of Health and approved for the purposes of this Part by the Commissioner.

ASNZ 4308 means Australian/New Zealand Standard AS/NZS 4308:2001, Procedures for the collection, detection and quantitation of drugs of abuse in urine as in force on the commencement of this Part.

disciplinary matter means any procedure of a disciplinary nature or other related proceedings relating to a contravention of a provision of this Part and includes, but is not limited to, a disciplinary matter referred to in Part 2.7 of the Public Sector Employment and Management Act 2002.

member of correctional staff has the same meaning as it has in Division 5 of Part 11 of the Act.

prescribed concentration of alcohol means a concentration of 0.02 grammes or more of alcohol in 210 litres of breath or 100 millilitres of blood.

sample, in relation to a non-invasive sample, includes, if the sample is divided into portions, a portion of the sample.

(2)  In this Part, a member of correctional staff presents for duty when the member of staff is present at the staff member’s place of work and about to go on duty.

(3)  In this Part, a member of correctional staff tests positive for alcohol if a test conducted under Division 5 of Part 11 of the Act indicates that the staff member had the prescribed concentration of alcohol in his or her breath or blood:

(a)  when the staff member presented for duty, or

(b)  while the staff member was on duty.

(4)  In this Part, a member of correctional staff tests positive for prohibited drugs if a test conducted under Division 5 of Part 11 of the Act indicates that the staff member had a prohibited drug present in any of his or her biological material:

(a)  when the staff member presented for duty, or

(b)  while the staff member was on duty.

(5)  In this Part, a reference to a non-invasive sample does not include a reference to a sample of breath taken by breath test or breath analysis.

249B   Appointment of authorised persons

(1)  The Commissioner may, by instrument in writing, appoint any person to be an authorised person for the purposes of Division 5 of Part 11 of the Act.

(2)  The Commissioner may appoint as an authorised person:

(a)  a person by name, or

(b)  a person holding office or acting in a particular rank or office, from time to time, by reference to the title of the rank or office concerned.

(3)  The Commissioner must furnish persons appointed under subclause (2) (a) with certificates of their appointment as authorised persons.

(4)  An authorised person appointed under subclause (2) (a) must, if requested to do so, produce the certificate of appointment to any member of correctional staff required by the authorised person to do any thing under Division 5 of Part 11 of the Act.

(5)  The Commissioner must maintain a list of the titles of the ranks or offices referred to in subclause (2) (b).

(6)  An authorised person appointed under subclause (2) (b) must, if requested to do so, furnish proof that the person holds, or is acting in, the relevant rank or office to any member of correctional staff required by the authorised person to do any thing under Division 5 of Part 11 of the Act. Such proof may include, but is not limited to, a Departmental identification card.

249C   Hospitals

For the purposes of Division 5 of Part 11 of the Act, the following premises, institutions or establishments are prescribed as a hospital:

(a)  any clinic or other premises operated by Justice Health,

(b)  any premises, institution or establishment that is a hospital for the purposes of section 19 of the Road Transport (Safety and Traffic Management) Act 1999.

Division 2 Obligations of members of correctional staff

249D   Correctional staff must not have prescribed concentration of alcohol in breath or blood

A member of correctional staff must not have the prescribed concentration of alcohol in his or her breath or blood:

(a)  when the staff member presents for duty, or

(b)  while the staff member is on duty.

249E   Correctional staff must not have prohibited drug present in biological material

A member of correctional staff must not have a prohibited drug present in any of his or her biological material:

(a)  when the staff member presents for duty, or

(b)  while the staff member is on duty.

Division 3 Testing of members of correctional staff

249F   Testing correctional staff

(1)  A member of correctional staff may be tested under Division 5 of Part 11 of the Act whether or not there is any suspicion that the staff member has recently consumed alcohol or used a prohibited drug.

(2)  The result of any such test may be used for the purposes of any disciplinary matter.

249G   General rules for the provision or taking of certain samples

(1)  In this clause, a reference to a non-invasive sample includes a reference to a sample of breath taken by breath test or breath analysis.

(2)  An authorised person who requires a member of correctional staff to provide, or enable to be taken, a non-invasive sample from the staff member under Division 5 of Part 11 of the Act must specify the type of non-invasive sample to be provided or taken.

(3)  The non-invasive sample so provided or taken must be of the type of non-invasive sample required by the authorised person.

(4)  The staff member may not elect which type of non-invasive sample is provided, or enabled to be taken.

(5)  A non-invasive sample provided by or taken from a member of correctional staff under Division 5 of Part 11 of the Act:

(a)  must be provided or taken in circumstances affording reasonable privacy to the staff member, except as permitted (expressly or impliedly) by any other provision of the Act or this Regulation, and

(b)  must not be provided or taken in the presence or view of a person whose presence is not necessary for the purposes of the provision or taking of the non-invasive sample or required or permitted by another provision of the Act or this Regulation, and

(c)  must not involve the removal of more clothing than is necessary for providing or taking the non-invasive sample, and

(d)  must not involve more visual inspection than is necessary for providing or taking the non-invasive sample.

(6)  All non-invasive samples provided by or taken from a member of correctional staff under Division 5 of Part 11 of the Act are to be provided or taken in a manner consistent with appropriate medical or other relevant professional standards, with due regard to the dignity and self-respect of the staff member and in as seemly a manner as is consistent with the effective provision or taking of the non-invasive sample.

(7)  An authorised person is authorised to take a sample of hair of a member of correctional staff by removing the root of the hair only if:

(a)  the authorised person takes only so much hair as the person believes is necessary for analysis of the sample to be carried out for the purposes of Division 5 of Part 11 of the Act, and

(b)  strands of hair are taken using the least painful technique known and available to the authorised person.

249H   Breath testing and breath analysis of members of correctional staff

(1)  As soon as practicable after a member of correctional staff has undergone a breath test under Division 5 of Part 11 of the Act the authorised person who conducted the breath test must deliver to the staff member a statement in writing signed by the authorised person specifying:

(a)  the concentration of alcohol determined by the breath test to be present in the staff member’s breath or blood and expressed in grammes of alcohol in 210 litres of breath or 100 millilitres of blood, and

(b)  the day on which and time of the day at which the breath test was completed.

(2)  An authorised person may require a member of correctional staff to submit to a breath analysis in accordance with the directions of the authorised person, if:

(a)  it appears to the authorised person as a result of a breath test under Division 5 of Part 11 of the Act that the prescribed concentration of alcohol may be present in the staff member’s breath or blood, or

(b)  the staff member refuses or fails to undergo a breath test under Division 5 of Part 11 of the Act in accordance with the directions of the authorised person when requested to do so by the authorised person.

(3)  As soon as practicable after a member of correctional staff has submitted to a breath analysis the authorised person operating the breath analysing instrument must deliver to the staff member a statement in writing signed by the authorised person specifying:

(a)  the concentration of alcohol determined by the analysis to be present in the staff member’s breath or blood and expressed in grammes of alcohol in 210 litres of breath or 100 millilitres of blood, and

(b)  the day on which and time of the day at which the breath analysis was completed.

(4)  A member of correctional staff who is required to undergo a breath test or submit to a breath analysis may request the authorised person making the requisition to arrange for the taking (in the presence of an authorised person) of a sample of the staff member’s blood for analysis, at the staff member’s own expense, by:

(a)  a medical practitioner nominated by the staff member, or

(b)  a medical practitioner nominated by the authorised person at the staff member’s request, or

(c)  a pathology specimen collector at a collection centre nominated by the staff member, or

(d)  a pathology specimen collector at a collection centre nominated by the authorised person at the staff member’s request.

(5)  The making of any such request or the taking of a sample of a member of correctional staff’s blood does not absolve the staff member from the obligation imposed on the staff member to undergo a breath test or submit to a breath analysis in accordance with this clause.

(6)  In this clause, collection centre means a pathology collection centre that is operated by, or in connection with, a pathology laboratory that is accredited by the National Association of Testing Authorities.

249I   Restrictions on requiring breath test, breath analysis or non-invasive sample

An authorised person must not require a member of correctional staff to undergo a test under Division 5 of Part 11 of the Act:

(a)  if the staff member has been admitted to a hospital for medical treatment, unless the medical practitioner who attends the staff member at the hospital (or, if no medical practitioner is present to attend the staff member, a registered nurse who is accredited by a hospital as competent to perform the sampling procedures) has been notified of the intention to make the requisition and the medical practitioner or registered nurse does not object on the ground that compliance would be prejudicial to the proper care or treatment of the staff member, or

(b)  if it appears to the authorised person that it would (because of injuries sustained by the staff member) be dangerous to the staff member’s medical condition if the staff member complied with the requisition, or

(c)  in the case of a requirement for a test for the purpose of testing for the presence or concentration of alcohol—at any time after the expiration of 3 hours from the latest of the time the staff member last presented for duty, the staff member was last involved in an incident referred to in section 236F (3) of the Act (if such an incident occurred) or the staff member last ceased to be on duty, or

(d)  in the case of a requirement for a test for the purpose of testing for the presence of a prohibited drug—at any time after the expiration of 24 hours from the latest of the time the staff member last presented for duty, the staff member was last involved in an incident referred to in section 236F (3) of the Act (if such an incident occurred) or the staff member last ceased to be on duty, or

(e)  at the staff member’s home.

249J   Action to be taken with respect to blood samples

(1)  A medical practitioner or registered nurse by whom a sample of a member of correctional staff’s blood is taken under Division 5 of Part 11 of the Act must:

(a)  if the staff member requests a part of the sample or if the staff member is not capable of requesting a part of the sample—divide the sample into 2 approximately equal portions, and

(b)  place the sample or each portion of the sample into a separate container, and

(c)  fasten and seal each container, and

(d)  mark or label each container for future identification.

(2)  Of the sealed containers:

(a)  one container must, as soon as reasonably practicable thereafter, be transported to an approved laboratory for analysis by an analyst in accordance with subclause (4), and must be stored at that laboratory on behalf of the Commissioner, and

(b)  the other container must:

(i)  if the staff member has requested a part of the sample—be given to the staff member, or

(ii)  if the staff member is not capable of requesting a part of the sample as referred to in subclause (1)—as soon as reasonably practicable thereafter, be transported to the approved laboratory to which the container referred to in paragraph (a) was sent and must be stored at that laboratory on behalf of the Commissioner.

(3)  If a staff member was not capable of requesting a part of the sample as referred to in subclause (1), the staff member may, within 12 months after the taking of the sample, apply to the laboratory referred to in subclause (2) for the container referred to in subclause (2) (b) (ii) to be sent, for analysis (at the staff member’s own expense) of the portion of the sample in that container, to a medical practitioner or laboratory nominated by the staff member.

(4)  The authorised person may arrange for the analyst to:

(a)  determine whether the sample contains alcohol, and if so, the concentration of alcohol, or

(b)  determine whether the sample contains a prohibited drug, or

(c)  determine whether the sample contains alcohol, and if so, the concentration of alcohol and determine whether the sample also contains a prohibited drug.

249K   Action to be taken with respect to non-invasive samples

(1)  A person who is provided with a non-invasive sample under Division 5 of Part 11 of the Act from a member of correctional staff or who takes a non-invasive sample from a member of correctional staff must:

(a)  if the staff member requests a part of the sample or if the staff member is not capable of requesting a part of the sample—divide the sample into 2 approximately equal portions or, if the sample cannot be so divided, immediately require and immediately be provided with or take, a further sample of the same type of biological material, and

(b)  place each portion (or if 2 samples of the same type of biological material were provided or taken, each sample) into a container, and

(c)  fasten and seal each container, and

(d)  mark or label each container for future identification.

(2)  Of the sealed containers:

(a)  one container must, as soon as reasonably practicable thereafter, be transported to an approved laboratory for analysis by an analyst in accordance with subclause (4), and must be stored at that laboratory on behalf of the Commissioner, and

(b)  the other container must:

(i)  if the staff member has requested a part of the sample, be given to the staff member, or

(ii)  if the staff member is not capable of requesting a part of the sample, as soon as reasonably practicable thereafter, be transported to the approved laboratory to which the container referred to in paragraph (a) was sent and must be stored at that laboratory on behalf of the Commissioner.

(3)  If a staff member was not capable of requesting a part of the sample as referred to in subclause (1), the staff member may, within 12 months after the taking of the sample, apply to the laboratory referred to in subclause (2) for the container referred to in subclause (2) (b) (ii) to be sent, for analysis (at the staff member’s own expense) of the sample, or the portion of the sample, in that container, to a medical practitioner or laboratory nominated by the staff member.

(4)  The authorised person may arrange for the analyst:

(a)  if the non-invasive sample was provided or taken under section 236G of the Act—to determine whether the sample indicates that the blood of the staff member, by whom the sample was provided or from whom the sample was taken, contained alcohol, and if so, the concentration of alcohol in the blood of the staff member or determine whether the sample contains a prohibited drug, or

(b)  if the non-invasive sample was provided or taken under section 236F of the Act—to determine whether the sample contains a prohibited drug.

(5)  In the case of samples of urine, any sealed containers referred to in subclause (2) must be handled in accordance with the procedure set out in ASNZ 4308 or any other procedure approved by the Commissioner in that regard.

249L   Analysis of samples

(1)  An analyst to whom a portion of a sample of blood or a non-invasive sample is submitted for analysis under clause 249J or 249K may carry out an analysis in accordance with the arrangement made by the authorised person under clause 249J (4) or clause 249K (4), as the case may be.

(2)  The analysis must be carried out, and a report provided, in accordance with:

(a)  ASNZ 4308, except as provided by paragraph (b), or

(b)  such other procedure as may be directed by the Commissioner.

Division 4 Evidence

249M   Certificate evidence of concentration of alcohol in breath or blood determined by breath test or breath analysis

(1)  For the purposes of any disciplinary matter involving a contravention of clause 249D, a certificate purporting to be signed by an authorised person and certifying that:

(a)  the authorised person is a duly appointed authorised person, and

(b)  the person named in the certificate underwent a breath test, and

(c)  the breath test was carried out on the person’s breath by means of a device (not being a breath analysing instrument) of a type approved by the Governor for the conduct of breath tests under the Road Transport (Safety and Traffic Management) Act 1999, and

(d)  the breath test was carried out on the day and completed at the time stated in the certificate, and

(e)  a concentration of alcohol (determined by that breath test and expressed in grammes of alcohol in 210 litres of breath or 100 millilitres of blood) was present in the breath or blood of that person on the day and at the time stated in the certificate, and

(f)  a statement in writing required by clause 249H (1) was delivered in accordance with that subclause,

      is prima facie evidence of the particulars certified in and by the certificate.

(2)  For the purposes of any disciplinary matter involving a contravention of clause 249D, a certificate purporting to be signed by an authorised person and certifying that:

(a)  the authorised person is a duly appointed authorised person, and

(b)  the person named in the certificate submitted to a breath analysis, and

(c)  the breath analysis was carried out by a breath analysing instrument within the meaning of Division 5 of Part 11 of the Act, and

(d)  the analysis was made on the day and completed at the time stated in the certificate, and

(e)  a concentration of alcohol (determined by that breath analysing instrument and expressed in grammes of alcohol in 210 litres of breath or 100 millilitres of blood) was present in the breath or blood of that person on the day and at the time stated in the certificate, and

(f)  a statement in writing required by clause 249H (3) was delivered in accordance with that subclause,

      is prima facie evidence of the particulars certified in and by the certificate.

(3)  For the purposes of any disciplinary matter involving a contravention of clause 249D, evidence of the condition of a device by means of which a breath test was carried out or of a breath analysing instrument or the manner in which the device or instrument was operated is not to be required unless evidence that the device or instrument was not in proper condition or was not properly operated has been adduced.

(4)  For the purposes of any disciplinary matter involving a contravention of clause 249D, evidence may be given of the concentration of alcohol present in the breath or blood of the staff member, as determined by a device by which a breath test was carried out or by a breath analysing instrument operated by an authorised person.

(5)  The concentration of alcohol so determined is taken to be the concentration of alcohol in the breath or blood of the staff member when the staff member presented for duty if the breath analysis was made within 3 hours of the staff member presenting for duty on the particular day, unless the staff member proves that the concentration of alcohol in the staff member’s breath or blood at that time was less than 0.02 grammes of alcohol in 210 litres of breath or 100 millilitres of blood.

(6)  The concentration of alcohol so determined is taken to be the concentration of alcohol in the breath or blood of the staff member while the staff member was on duty if the breath analysis was made within 3 hours of the staff member ceasing to be on duty on the particular day, unless the staff member proves that the concentration of alcohol in the staff member’s breath or blood at that time was less than 0.02 grammes of alcohol in 210 litres of breath or 100 millilitres of blood.

249N   Certificate evidence of concentration of alcohol in blood other than in relation to a breath test or breath analysis

(1)  For the purposes of any disciplinary matter involving a contravention of clause 249D, a certificate purporting to be signed by a medical practitioner or registered nurse and certifying any one or more of the following matters:

(a)  that the practitioner or nurse was a medical practitioner or registered nurse who attended a specified person at a hospital,

(b)  that the practitioner or nurse took a sample of the person’s blood or took from, or was provided with, a non-invasive sample in accordance with Division 5 of Part 11 of the Act on the day and at the time stated in the certificate,

(c)  that the practitioner or nurse dealt with the sample in accordance with Division 5 of Part 11 of the Act and this Part,

(d)  that the practitioner or nurse used equipment of a specified description in so taking and dealing with the sample,

(e)  that the container into which the sample was placed was sealed, and marked or labelled, in a specified manner,

      is prima facie evidence of the particulars certified in and by the certificate.

(2)  For the purposes of any disciplinary matter involving a contravention of clause 249D, a certificate purporting to be signed by an authorised person and certifying any one or more of the following matters:

(a)  that the authorised person received a portion of a sample of a specified person’s blood or a non-invasive sample provided by or taken from the specified person and taken in accordance with Division 5 of Part 11 of the Act and this Part,

(b)  that the authorised person arranged for the portion to be submitted for analysis by an analyst to determine whether the sample indicated that the blood of the staff member by whom the sample was provided or from whom the sample was taken contained alcohol, and if so, the concentration of alcohol in the blood of the staff member,

(c)  that the container into which the sample was placed was sealed, and marked or labelled, in a specified manner,

      is prima facie evidence of the particulars certified in and by the certificate.

(3)  For the purposes of any disciplinary matter involving a contravention of clause 249D, a certificate purporting to be signed by an analyst and certifying any one or more of the following matters:

(a)  that the analyst received, on a specified day, a portion of a sample of a specified person’s blood or a non-invasive sample provided by or taken from the specified person in a container submitted for analysis under Division 5 of Part 11 of the Act and this Part,

(b)  that the container, as received by the analyst, was sealed, and marked or labelled, in a specified manner,

(c)  that, on receipt by the analyst of the container, the seal was unbroken,

(d)  that the analyst carried out an analysis of the portion to determine whether the sample indicated that the blood of the staff member by whom the sample was provided or from whom the sample was taken contained alcohol, and if so, the concentration of alcohol in the blood of the staff member,

(e)  that the concentration of alcohol in the blood of the staff member determined pursuant to the analysis and expressed in grammes of alcohol in 100 millilitres of blood was present in that sample,

(f)  that the analyst was, at the time of the analysis, an analyst within the meaning of this Part,

      is prima facie evidence of the matters set out in subclause (4).

(4)  A certificate under subclause (3) is prima facie evidence:

(a)  of the particulars certified in and by the certificate, and

(b)  that the sample was a portion of the sample of the blood of that specified person or a non-invasive sample provided by or taken from the specified person, and

(c)  that the portion had not been tampered with before it was received by the analyst.

(5)  For the purposes of any disciplinary matter involving a contravention of clause 249D, evidence may be given of the concentration of alcohol present in the blood or other biological material of the staff member, as determined by an analysis under Division 5 of Part 11 of the Act of a portion of a sample of the staff member’s blood or a non-invasive sample provided by or taken from the staff member, as the case may be.

(6)  The concentration of alcohol so determined is taken to be the concentration of alcohol in the blood of the staff member when the staff member presented for duty if that sample of blood or non-invasive sample was taken within 3 hours of the staff member presenting for duty, unless the staff member proves that the concentration of alcohol in the staff member’s blood at that time was less than 0.02 grammes of alcohol in 100 millilitres of blood.

(7)  The concentration of alcohol so determined is taken to be the concentration of alcohol in the blood of the staff member while the staff member was on duty if that sample of blood or non-invasive sample was taken while the staff member was on duty or within 3 hours of the staff member ceasing to be on duty on the particular day, unless the staff member proves that the concentration of alcohol in the staff member’s blood at that time was less than 0.02 grammes of alcohol in 100 millilitres of blood.

249O   Certificate evidence of presence of a prohibited drug

(1)  For the purposes of any disciplinary matter involving a contravention of clause 249E, a certificate purporting to be signed by a medical practitioner or registered nurse and certifying any one or more of the following matters:

(a)  that the practitioner or nurse was a medical practitioner or registered nurse who attended a specified person at a hospital,

(b)  that the practitioner or nurse took a sample of the staff member’s blood or was provided with or took a non-invasive sample from the staff member in accordance with Division 5 of Part 11 of the Act and this Part on the day and at the time stated in the certificate,

(c)  that the practitioner or nurse dealt with the sample in accordance with clause 249J or 249K,

      is prima facie evidence of the particulars certified in and by the certificate.

(2)  For the purposes of any disciplinary matter involving a contravention of clause 249E, a certificate purporting to be signed by a person and certifying any one or more of the following matters:

(a)  that the person was provided with or took a non-invasive sample from a specified person in accordance with Division 5 of Part 11 of the Act and this Part on the day and at the time stated in the certificate,

(b)  that the person dealt with the sample in accordance with clause 249L,

      is prima facie evidence of the particulars certified in and by the certificate.

(3)  For the purposes of any disciplinary matter involving a contravention of clause 249E, a certificate purporting to be signed by an analyst and certifying any one or more of the following matters:

(a)  that the analyst received, on a specified day, a portion of a sample of a specified person’s blood or a non-invasive sample provided by or taken from a specified person in a container submitted for analysis under Division 5 of Part 11 of the Act and this Part,

(b)  that the container, as received by the analyst, was sealed, and marked or labelled, in a specified manner,

(c)  that, on receipt by the analyst of the container, the seal was unbroken,

(d)  that the analyst carried out an analysis of the portion to determine whether any prohibited drug was present in the sample,

(e)  that a specified prohibited drug ascertained pursuant to the analysis was present in that portion,

(f)  that the analyst was, at the time of the analysis, an analyst within the meaning of this Part,

      is prima facie evidence of the matters set out in subclause (4).

(4)  A certificate under subclause (3) is prima facie evidence:

(a)  of the particulars certified in and by the certificate, and

(b)  that the portion was a portion of the sample of that specified person’s blood or a non-invasive sample provided by, or taken from, that specified person, and

(c)  that the portion had not been tampered with before it was received by the analyst.

(5)  For the purposes of any disciplinary matter involving a contravention of clause 249E, evidence may be given of the presence of a prohibited drug in the blood or other biological material of the staff member, as determined pursuant to an analysis under Division 5 of Part 11 of the Act of a portion of a sample of the person’s blood or a non-invasive sample provided by or taken from the staff member.

(6)  The prohibited drug the presence of which is so determined, is taken to have been present in the blood or other biological material of the staff member when the staff member presented for duty, if the sample was taken or provided within 24 hours of the time the staff member last presented for duty, unless the staff member proves the absence, at that time, of the drug.

(7)  The prohibited drug the presence of which is so determined, is taken to have been present in the blood or other biological material of the staff member while the staff member was on duty if the sample was taken or provided within 24 hours of the later of the time the staff member last was involved in an incident referred to in section 236F (3) of the Act (if such an incident occurred) or the staff member last ceased to be on duty, unless the staff member proves the absence, at that time, of the drug.

249P   Certificate evidence of appointment of authorised person

For the purposes of any disciplinary matter involving a contravention of a provision of this Part or in proceedings for an offence under this Part, a certificate purporting to be signed by the Commissioner and certifying that the person named in the certificate was an authorised person at a particular time is prima facie evidence of the particulars certified in and by the certificate.

Division 5 Consequences

249Q   Disciplinary action

Nothing in this Part limits any disciplinary action that may be taken under the Public Sector Employment and Management Act 2002 in respect of a member of correctional staff.

249R   Refusing to comply with a requirement under Division 5 of Part 11 of the Act

(1)  A member of correctional staff must not refuse:

(a)  to undergo a breath test, or

(b)  to submit to a breath analysis, or

(c)  to provide, or enable to be taken, a non-invasive sample from the staff member, or

(d)  to comply with any other requirement of or under Division 5 of Part 11 of the Act,

      in accordance with a direction given under Division 5 of Part 11 of the Act by an authorised person.

(2)  This clause does not prevent a member of correctional staff so refusing if the staff member is unable on medical grounds to do otherwise.

249S   Double jeopardy

A member of correctional staff is not liable to be punished or disciplined under this Division for both:

(a)  testing positive for alcohol or testing positive for a prohibited drug, and

(b)  contravening clause 249R (1).

249T   Immediate action: staff member relieved from duty

(1)  If a member of correctional staff tests positive for alcohol or a member of correctional staff tests positive for a prohibited drug, the staff member, if the staff member remains on duty, is to be immediately relieved of duty and is not to carry out any duty for the duration of the staff member’s shift.

(2)  The Commissioner may decide that a member of correctional staff who is relieved from duty because of the operation of this clause is not entitled to be paid (whether in wages or salary, paid sick leave or any other type of payment) for that part of the relevant shift that the staff member did not work.

249U   Consequences for staff members having prescribed concentration of alcohol in breath or blood

(1)  This clause applies if:

(a)  a member of correctional staff (other than a staff member appointed on probation, a temporary employee or a casual employee) tests positive for alcohol, and

(b)  the staff member has not tested positive for alcohol in the 3 years immediately preceding the test referred to in paragraph (a).

(2)  In such a case, the Commissioner may ask the staff member to elect to undergo counselling and rehabilitation or to elect not to undergo counselling and rehabilitation and face the possibility that the Commissioner may deal with the matter of the staff member testing positive for alcohol as an allegation that the staff member contravened clause 249D and deal with the matter under Part 2.7 of the Public Sector Employment and Management Act 2002.

(3)  If the staff member elects to undergo counselling and rehabilitation, the Commissioner may direct the staff member:

(a)  to attend any interview organised with a person nominated by the Commissioner, and

(b)  to attend an interview with an approved counsellor for assessment, and

(c)  to participate in any rehabilitation program recommended by that counsellor.

(4)  If the staff member:

(a)  elects not to undergo counselling or rehabilitation, or

(b)  without reasonable excuse, fails to attend an interview or counselling session after electing to do so, or

(c)  without reasonable excuse, fails to participate in a rehabilitation program recommended by the approved counsellor referred to in subclause (3) (b),

      the Commissioner may deal with the matter in accordance with subclause (5).

(5)  In respect of a staff member who engages in conduct referred to in subclause (4) (a)–(c), the Commissioner may:

(a)  deal with the matter of the staff member testing positive for alcohol as an allegation that the staff member contravened clause 249D and deal with the matter under Part 2.7 of the Public Sector Employment and Management Act 2002, and

(b)  deal with the conduct referred to in subclause (4) (b) or (c) as an allegation of misconduct and deal with the matter under Part 2.7 of the Public Sector Employment and Management Act 2002.

(6)  The Commissioner is not required to ask the staff member to elect to undergo counselling and rehabilitation or to elect not to undergo counselling and rehabilitation if the Commissioner, having regard to all the circumstances, considers that it would be more appropriate to deal with the matter of the staff member testing positive for alcohol as an allegation that the staff member contravened clause 249D and deal with the matter under Part 2.7 of the Public Sector Employment and Management Act 2002.

249V   Consequences for staff members testing positive at least twice in 3 years

(1)  This clause applies if:

(a)  a member of correctional staff (other than a staff member appointed on probation, a temporary employee or a casual employee) tests positive for alcohol, and

(b)  the staff member has tested positive for alcohol in the 3 years immediately preceding the test referred to in paragraph (a).

(2)  In such a case, the Commissioner may deal with the matter of the staff member testing positive for alcohol as an allegation that the staff member contravened clause 249D and deal with the matter under Part 2.7 of the Public Sector Employment and Management Act 2002.

(3)  The Commissioner may refer the staff member to a medical practitioner for the purpose of the medical practitioner determining the staff member’s fitness to remain a staff member.

(4)  The Commissioner is to have regard to any report made by the medical practitioner in relation to such a staff member.

249W   Consequences for staff members testing positive for prohibited drugs

(1)  This clause applies if:

(a)  a member of correctional staff (other than a staff member appointed on probation, a temporary employee or a casual employee) tests positive for a prohibited drug, and

(b)  the staff member has not tested positive for a prohibited drug in the 3 years immediately preceding the test referred to in paragraph (a).

(2)  In such a case, the Commissioner may ask the staff member to elect to undergo counselling and rehabilitation with an approved counsellor or to elect not to undergo counselling and rehabilitation and face the possibility that the Commissioner may deal with the matter of the staff member testing positive for a prohibited drug as an allegation that the staff member contravened clause 249E and deal with the matter under Part 2.7 of the Public Sector Employment and Management Act 2002.

(3)  If the staff member elects to undergo counselling and rehabilitation, the Commissioner may direct the staff member:

(a)  to attend any interview organised with a person nominated by the Commissioner, and

(b)  to attend an interview with an approved counsellor for assessment, and

(c)  to participate in any rehabilitation program recommended by that counsellor.

(4)  If the staff member:

(a)  elects not to undergo counselling or rehabilitation, or

(b)  without reasonable excuse, fails to attend an interview or counselling session after electing to do so, or

(c)  without reasonable excuse, fails to participate in a rehabilitation program recommended by the approved counsellor referred to in subclause (3) (c),

      the Commissioner may deal with the matter in accordance with subclause (5).

(5)  In respect of a staff member who engages in conduct referred to in subclause (4) (a)–(c), the Commissioner may:

(a)  deal with the matter of the staff member testing positive for a prohibited drug as an allegation that the staff member contravened clause 249E and deal with the matter under Part 2.7 of the Public Sector Employment and Management Act 2002, and

(b)  deal with conduct referred to in subclause (4) (b) or (c) as an allegation of misconduct and deal with the matter under Part 2.7 of the Public Sector Employment and Management Act 2002.

(6)  The Commissioner is not required to ask the staff member to elect to undergo counselling and rehabilitation or to elect not to undergo counselling and rehabilitation if the Commissioner, having regard to all the circumstances, considers that it would be more appropriate to deal with the matter of the staff member testing positive for a prohibited drug as an allegation that the staff member contravened clause 249E and deal with the matter under Part 2.7 of the Public Sector Employment and Management Act 2002.

249X   Consequences for staff members testing positive for a prohibited drug at least twice within 3 years

(1)  This clause applies if:

(a)  a member of correctional staff (other than a staff member appointed on probation, a temporary employee or a casual employee) tests positive for a prohibited drug, and

(b)  the staff member has tested positive for a prohibited drug in the 3 years immediately preceding the test referred to in paragraph (a).

(2)  In such a case, the Commissioner may deal with the matter of the staff member testing positive for a prohibited drug as an allegation that the staff member contravened clause 249E and deal with the matter under Part 2.7 of the Public Sector Employment and Management Act 2002.

(3)  The Commissioner may refer the staff member to a medical practitioner for the purpose of the medical practitioner determining the staff member’s fitness to remain a staff member.

(4)  The Commissioner is to have regard to any report made by the medical practitioner in relation to such a staff member.

249Y   Probationary staff members

(1)  If a member of correctional staff appointed on probation tests positive for alcohol or tests positive for a prohibited drug, the Commissioner may:

(a)  direct the staff member to attend an interview with an approved counsellor for assessment and to participate in any rehabilitation program recommended by that counsellor, or

(b)  annul his or her appointment under section 23 of the Public Sector Employment and Management Act 2002.

(2)  If such a staff member fails, without reasonable excuse, to attend an interview or counselling session after being directed to do so or, without reasonable excuse, fails to participate in any rehabilitation program recommended by an approved counsellor referred to in subclause (1) (a), the Commissioner may annul his or her appointment under section 23 of the Public Sector Employment and Management Act 2002.

(3)  The Commissioner may at any time refer the staff member to a medical practitioner for the purpose of the medical practitioner determining the staff member’s fitness for duty.

(4)  The Commissioner is to have regard to any report made by the medical practitioner in relation to such a staff member.

249Z   Temporary or casual staff members

(1)  If a member of correctional staff who is a temporary employee or a casual employee tests positive for alcohol or tests positive for a prohibited drug, the Commissioner may:

(a)  direct the staff member to attend an interview with an approved counsellor for assessment and to participate in any rehabilitation program recommended by that counsellor, or

(b)  dispense with his or her services under section 30 or 39 of the Public Sector Employment and Management Act 2002, as the case may be.

(2)  If such a staff member fails, without reasonable excuse, to attend an interview or counselling session after being directed to do so or, without reasonable excuse, fails to participate in any rehabilitation program recommended by an approved counsellor referred to in subclause (1) (a), the Commissioner may dispense with his or her services under section 30 or 39 of the Public Sector Employment and Management Act 2002, as the case may be.

(3)  The Commissioner may at any time refer the staff member to a medical practitioner for the purpose of the medical practitioner determining the staff member’s fitness for duty.

(4)  The Commissioner is to have regard to any report made by the medical practitioner in relation to such a staff member.

Division 6 Offences

249AA   Interfering with results of test

A person who does anything to introduce, or alter the concentration of, alcohol or any prohibited drug in a member of correctional staff’s breath, blood or other biological material, before the staff member undergoes a test under Division 5 of Part 11 of the Act, is guilty of an offence if the person does so for the purpose of preventing or restricting the use of the results of the test in any disciplinary matter involving a contravention of this Part.

Maximum penalty: 20 penalty units.

249AB   Interfering or tampering with, or destroying, samples

A person must not interfere or tamper with, or destroy, a sample of blood or a non-invasive sample provided by or taken from a member of correctional staff under Division 5 of Part 11 of the Act unless the sample is destroyed:

(a)  by or at the direction of an analyst in the course of or on completion of analysis, or

(b)  in the case of a sample handed to a person on behalf of a member of correctional staff, by or at the direction of the person, or

(c)  after the expiration of 12 months commencing on the day on which the sample was taken or provided, or a longer period (being no more than 5 years) as directed by the Commissioner in respect of the sample in a direction made before such an expiration.

Maximum penalty: 20 penalty units.

Part 2 Justice Health matters

250   Examination of inmates

(cf clause 10 of Correctional Centre Administration Regulation 1995)

(1)  An inmate is to be examined by a prescribed Justice Health officer as soon as practicable after being received into a correctional centre.

(2)  Without limiting subclause (1), a prescribed Justice Health officer may at any time carry out an examination of an inmate (but only with the consent of the inmate) if of the opinion that it is necessary for such an examination to be carried out.

251   Inmates risk to self or others

(cf clause 11 of Correctional Centre Administration Regulation 1995)

As soon as practicable after forming an opinion:

(a)  that the mental or physical condition of an inmate constitutes a risk to the life of the inmate or to the life, health or welfare of any other person, or

(b)  that the life of an inmate will be at risk if the inmate continues to be detained in a correctional centre, or

(c)  that, because of illness, an inmate will not survive sentence or is totally and permanently unfit for correctional centre discipline, or

(d)  that an inmate should not, on medical grounds, be employed at work of a particular nature, or

(e)  that an inmate’s medical condition is such that the inmate is unfit to travel, or should only travel by particular means,

a prescribed Justice Health officer must report that he or she has formed the opinion, and the grounds for the opinion, to a prescribed DCS officer.

252   Mental illness

(cf clause 15 of Correctional Centre Administration Regulation 1995)

(1)  As soon as practicable after forming an opinion that the mental state of an inmate requires special observation, a prescribed Justice Health officer must report that he or she has formed the opinion, and the grounds for the opinion, to a prescribed DCS officer.

(2)  On receiving such a report, the prescribed DCS officer:

(a)  must cause the inmate to be placed under special observation, and

(b)  in the case of a report with respect to a serious offender, must send written notice of the report to the Review Council.

253   Inmate’s diet, exercise and treatment

(cf clause 12 of Correctional Centre Administration Regulation 1995)

(1)  As soon as practicable after forming an opinion that an inmate’s diet, exercise or other treatment should be varied or modified for reasons of health, a prescribed Justice Health officer must report that he or she has formed the opinion, and the grounds for the opinion, to a prescribed DCS officer.

(2)  On receiving such a report, the prescribed DCS officer:

(a)  must take such steps as are reasonable to carry into effect any recommendation contained in the report, and

(b)  in the case of a report with respect to a serious offender, must ensure that written particulars of the report are kept available for reference by the Review Council.

(3)  If it is impracticable to carry a recommendation into effect, the prescribed DCS officer must report that fact to the Chief Executive Officer, Justice Health.

254   Medical records

(cf clause 13 of Correctional Centre Administration Regulation 1995)

(1)  Proper medical records are to be kept in respect of each inmate, with entries as to each examination that is carried out on an inmate by a prescribed Justice Health officer.

(2)  The medical records for inmates at a correctional centre are to be kept at the centre in the custody of a prescribed Justice Health officer, and their contents are not to be divulged to any person outside Justice Health (including the inmate) except in accordance with guidelines established by the Chief Executive Officer, Justice Health.

(3)  Subclause (2) does not prevent information in an inmate’s medical records from being used to prepare general reports on the inmate’s health for submission to the general manager of a correctional centre, and such a report must be prepared and submitted whenever the general manager so requests.

(4)  As soon as practicable after an inmate is transferred from one correctional centre to another, the inmate’s medical records are to be given into the custody of a prescribed Justice Health officer at the centre to which the inmate is transferred.

(5)  Subclause (4) does not apply if the inmate is temporarily transferred to a police station or court cell complex.

255   Provision of medical care to inmates confined to cell

An inmate who is confined to cell for the purposes of punishment, or under a segregated or protective custody direction, must be kept under daily observation by a prescribed Justice Health officer and have access to essential medical care.

256   Infectious diseases

(cf clause 17 of Correctional Centre Administration Regulation 1995)

(1)  As soon as practicable after forming an opinion that an inmate has, or appears to have, a serious infectious disease, a prescribed Justice Health officer must report that he or she has formed the opinion, and the grounds for the opinion, to a prescribed DCS officer.

(2)  In the case of a report from the Chief Executive Officer, Justice Health, the prescribed DCS officer must carry into effect any recommendation contained in such a report in so far as it is practicable to do so.

(3)  If it is impracticable to carry a recommendation into effect, the prescribed DCS officer must report that fact to the Chief Executive Officer, Justice Health.

(4)  In this clause, serious infectious disease means an infectious disease that is also a notifiable disease by virtue of its inclusion in Schedule 3 to the Public Health Act 1991.

257   Death of inmates

(cf clause 20 of Correctional Centre Administration Regulation 1995)

On becoming aware that an inmate has died, a prescribed Justice Health officer must report the death to the Commissioner.

Part 3 Use of firearms

258   Authority to carry firearms

(cf clause 37 of Correctional Centre Administration Regulation 1995)

(1)  A correctional officer must not carry firearms while on duty except as authorised by or under this Part.

(2)  A correctional officer to whom firearms have been issued under this Part is authorised to carry them for the purpose only for which they were issued.

(3)  A correctional officer is authorised to carry firearms:

(a)  while handling firearms in the course of duties carried out in a correctional centre armoury, or

(b)  while taking part in, or in an activity necessarily carried out in connection with, an approved training course.

259   Armed posts

(cf clause 38 of Correctional Centre Administration Regulation 1995)

(1)  There are to be such armed posts at a correctional centre as may be approved in respect of the centre.

(2)  A correctional officer, while stationed at an armed post, may carry such firearms as the general manager directs.

260   Issue of firearms to correctional officers not at armed posts

(cf clause 39 of Correctional Centre Administration Regulation 1995)

(1)  The general manager of a correctional centre or the principal security officer may (by a direction given generally or in any particular case) authorise the issue of firearms to correctional officers who are not stationed at armed posts for use in connection with:

(a)  the escorting of inmates, or

(b)  the maintenance of a guard outside a correctional centre.

(2)  The Commissioner may (by a direction given in a particular case) authorise the issue of firearms to correctional officers for use in connection with patrols of the perimeter of a correctional centre.

(3)  The general manager of a correctional centre may (by a direction given in a particular case) authorise the issue of firearms to correctional officers who are not stationed at armed posts:

(a)  for use in connection with the quelling or control of a correctional centre disturbance or riot, or

(b)  for any other purpose for which the general manager considers it necessary that firearms be issued.

(4)  The following persons may (by a direction given in a particular case) authorise the issue of firearms to correctional officers who are not stationed at armed posts for use in connection with the conveyance of money or other property within a correctional centre or between a correctional centre and other places:

(a)  the Commissioner,

(b)  the principal security officer,

(c)  the general manager of a correctional centre.

261   Officers handling firearms to undergo training courses

(cf clause 40 of Correctional Centre Administration Regulation 1995)

(1)  A correctional officer must not:

(a)  authorise or direct the issue of a firearm to another correctional officer, or

(b)  issue a firearm to another correctional officer,

      for use by the other officer unless the other officer has undergone an approved training course in the use of that firearm.

(2)  A correctional officer must ensure that a correctional officer under his or her control does not perform any duty involving the carrying or use of a firearm unless the officer has undergone an approved training course in the use of the firearm.

(3)  This clause does not prevent the performance by a correctional officer of a duty in connection with an approved training course or the issue to the officer of a firearm for that purpose.

262   Safety procedures on issue or receipt of firearms

(cf clause 41 of Correctional Centre Administration Regulation 1995)

(1)  On commencing a duty which involves the carrying of a firearm, a correctional officer must examine the firearm (and any accompanying ammunition) in the presence of the person from whom the officer receives them.

(2)  An examination must include such procedures as are approved.

(3)  A correctional officer who, on an examination, discovers:

(a)  a defect in any firearm or ammunition, or

(b)  an incorrect number of rounds of ammunition,

      must report the fact to the officer in charge of the correctional centre armoury from which the firearm was drawn.

(4)  The officer in charge of the correctional centre armoury must substitute another firearm or new ammunition, or supplement the number of rounds, as the case requires.

263   Safety procedures on return of firearms

(cf clause 42 of Correctional Centre Administration Regulation 1995)

(1)  On ceasing a duty involving the carrying of a firearm, a correctional officer must deliver the firearm (and any accompanying ammunition) to the officer in charge of the correctional centre armoury from which the firearm was drawn (unless the correctional officer has delivered it to another correctional officer by whom he or she has been relieved).

(2)  An officer to whom a firearm is delivered must examine it, and any accompanying ammunition, in the presence of the person from whom they are received.

(3)  The examination must include such procedures as are approved.

264   Duties of correctional officers generally

(cf clause 43 of Correctional Centre Administration Regulation 1995)

While carrying a firearm on duty, a correctional officer:

(a)  must at all times be alert, and

(b)  must maintain the firearm and its ammunition in such a condition, and with such safety precautions regarding its carriage, use and readiness to fire, as are approved, and

(c)  must not deface the firearm or any of its accessories or ammunition, and

(d)  must not make modifications to the firearm or to its ammunition.

265   Maintenance of safe distances

(cf clause 44 of Correctional Centre Administration Regulation 1995)

(1)  While stationed at an armed post, a correctional officer must take all reasonable precautions to prevent any inmate from approaching within 10 metres of the officer or any firearm or ammunition that is in the officer’s custody or at the post.

(2)  While carrying a firearm, a correctional officer must not:

(a)  place himself or herself in a position where he or she is liable to be attacked, or

(b)  except when outside a correctional centre or where the general manager otherwise directs, approach to within reach of an inmate or allow an inmate to approach to within reach of him or her.

266   Transfer of firearms

(cf clause 45 of Correctional Centre Administration Regulation 1995)

(1)  A correctional officer who parts with possession of a firearm issued to the officer:

(a)  must deliver it to another correctional officer or some other suitable person, or

(b)  if the officer cannot so deliver it, must deposit it in the most secure place available in the circumstances.

(2)  Subclause (1) does not apply to an officer on duty at an armed post or to an officer returning or transferring a firearm on ceasing duty.

267   Use of armed posts

(cf clause 46 of Correctional Centre Administration Regulation 1995)

(1)  While stationed at an armed post, a correctional officer:

(a)  must keep a lookout over the correctional centre generally, and

(b)  if the officer observes any irregularity likely to affect the security of the correctional centre, must notify such other correctional officers as may be appropriate in the circumstances, and

(c)  must assist other correctional officers in the performance of their duties, but (unless the officer is, or is ordered to do otherwise by, a senior officer) without leaving the post.

(2)  A correctional officer stationed at a correctional centre tower who is temporarily unable to keep a lookout must indicate that fact to:

(a)  any correctional officers stationed at adjacent towers, and

(b)  any correctional officers stationed at ground posts within range of observation.

(3)  When approaching an armed post, a correctional officer must give warning of that approach to any correctional officer stationed at the post.

268   Discharge of firearms

(cf clause 47 of Correctional Centre Administration Regulation 1995)

A correctional officer must not discharge a firearm while on duty except in the performance of that duty.

269   Authority to discharge firearms

(cf clause 48 of Correctional Centre Administration Regulation 1995)

(1)  A correctional officer may discharge a firearm:

(a)  to protect the officer or any other person if the officer believes on reasonable grounds that there is a substantial probability that the officer or other person will be killed or seriously injured if the officer does not discharge the firearm, or

(b)  if the officer believes on reasonable grounds that it is necessary to do so in order:

(i)  to prevent the escape of an inmate, or

(ii)  to prevent an unlawful attempt to enter a correctional centre or to free an inmate, or

(iii)  to attract the immediate attention of correctional officers or other persons to a serious breach of correctional centre security that has arisen or is likely to arise, or

(c)  to give a warning in accordance with this Regulation.

(2)  Despite subclause (1), a correctional officer must not discharge a firearm at a person if the officer has reasonable grounds to believe that the shot may hit a person other than the person at whom it is directed.

270   Warnings

(cf clause 49 of Correctional Centre Administration Regulation 1995)

(1)  A correctional officer must not discharge a firearm in the direction of a person unless the officer has first given a warning to that person of the intention to fire.

(2)  For the purposes of subclause (1), and without prejudice to any other manner in which a warning may be given, a warning shot is a warning.

(3)  A warning shot must be fired in such a direction that no one is likely to be hit by it.

(4)  A correctional officer may, without giving a warning, discharge a firearm in order to protect the officer or any other person if of the opinion:

(a)  that there is a substantial probability that the officer or other person will be killed or seriously injured if the officer does not do so, and

(b)  a warning would only increase that probability.

271   Notice of discharge

(cf clause 50 of Correctional Centre Administration Regulation 1995)

(1)  A correctional officer who discharges a firearm while on duty at a correctional centre, otherwise than while taking part in:

(a)  an approved training course, or

(b)  a firearms practice exercise authorised by the general manager, or

(c)  an activity connected with such a training course or practice exercise,

      must notify the general manager of the circumstances in which it was discharged.

(2)  A correctional officer who discharges a firearm while on escort duty must notify a police officer and:

(a)  the general manager at which the correctional officer is usually on duty, or

(b)  if the correctional officer is a member of a Security Unit, the officer in charge of that Unit,

      of the circumstances in which it was discharged.

(3)  On being so notified, the general manager or the officer in charge of the Security Unit is to report to the Commissioner the circumstances of the discharge.

(4)  On receipt of such a report the Commissioner may hold an inquiry into the discharge.

(5)  The Commissioner must submit to the Minister a full report of the findings of any inquiry.

272   Use of correctional centre armouries for storage of private firearms

Nothing in this Part prevents a correctional centre armoury from being used for the storage of any duly licensed firearm that is owned by a correctional officer.

Part 4 Awards

273   Awards

(cf clause 53 of Correctional Centre Administration Regulation 1995)

(1)  The various awards specified in Schedule 5 may be given to correctional officers and Departmental officers by the Commissioner in the circumstances specified in the Schedule in relation to those awards.

(2)  Awards may be given posthumously.

(3)  A Bravery Medal takes precedence over all other awards.

274   Cancellation of awards

(cf clause 54 of Correctional Centre Administration Regulation 1995)

(1)  The Commissioner may cancel an award or restore a cancelled award.

(2)  A person who is notified that an award has been cancelled must return it, together with any associated ribbons or bars, to the Commissioner.

275   Register of awards

(cf clause 55 of Correctional Centre Administration Regulation 1995)

The Commissioner is to maintain a register of awards.

276   Wearing of awards

(cf clause 56 of Correctional Centre Administration Regulation 1995)

(1)  Awards may be worn on ceremonial occasions.

(2)  The ribbon indicating the giving of an award:

(a)  may be worn by a correctional officer on duty, and

(b)  must be worn on the left breast of the correctional officer’s uniform.

(3)  A correctional officer or Departmental officer must not wear an award, or the ribbon indicating the giving of an award, to which the officer is not entitled.

Part 5 The Review Council

277   Additional functions of Review Council

(cf clauses 20D, 185 and 186A of Correctional Centre Routine Regulation 1995)

(1)  For the purposes of section 197 of the Act, the functions of the Review Council include the provision, at the request of the Commissioner, of reports, advice and recommendations to the Commissioner with respect to:

(a)  the management of serious offenders, and

(b)  the probability that a serious offender:

(i)  who is serving an existing life sentence, and

(ii)  who has applied for a local leave permit,

      will be fit to be released on parole at the time the Council expects to advise the Parole Authority about release on parole (assuming the serious offender satisfactorily completes a pre-release development program to which the application relates of at least 12 months or other relevant period), and

(c)  the designation of inmates as high security and extreme high security inmates (including the revocation or variation of any such designation), and

(d)  the management of high security and extreme high security inmates (including the periodic review of that management), and

(e)  such other matters as are specified by the Commissioner.

(2)  For the purposes of section 197 of the Act, the functions of the Review Council also include the carrying out of such investigations (which may include the interviewing of correctional centre staff and inmates) as are necessary to enable it to provide reports, advice and recommendations as referred to in subclause (1).

(3)  In accordance with clause 10 (2) (c) of Schedule 2 to the Act:

(a)  the provision of reports, advice and recommendations as referred to in subclause (1), and

(b)  the conduct of investigations as referred to in subclause (2),

      are prescribed as functions that the Council may delegate to a committee of the Council.

(4)  In this clause, existing life sentence has the same meaning as it has in Schedule 1 to the Crimes (Sentencing Procedure) Act 1999.

278   Matters to be considered concerning certain serious offenders

(cf clause 185A of Correctional Centre Routine Regulation 1995)

Pursuant to section 199 (2) of the Act, the following provisions are prescribed:

(a)  section 197 (2) (a), (e) and (f) of the Act,

(b)  clauses 16, 19, 27, and 277.

279   Records of proceedings

(cf clause 186 of Correctional Centre Routine Regulation 1995)

The Review Council must keep a record (in writing or otherwise) of the proceedings of the Review Council, including a record of:

(a)  the persons appearing or represented before the Review Council, and

(b)  the submissions (if any) made by any such person, and

(c)  the reasons (if any) stated in support of those submissions.

Part 6 General

280   Correctional centre records

(cf clauses 4, 5, 7 and 8 of Correctional Centre Administration Regulation 1995)

(1)  The general manager of a correctional centre must ensure that a record is kept at the centre:

(a)  of each correctional officer, Departmental officer, medical officer or nursing officer employed within the centre (including that person’s position and position description), and

(b)  of each Commissioner’s instruction issued in connection with the administration of the centre or of correctional centres generally, and

(c)  of each direction given by the general manager in connection with the administration of the centre, and

(d)  of each inmate who is confined to cell (including the reason for his or her confinement), and

(e)  of each inmate who is kept in segregated or protective custody (including the reason for his or her being so kept and of any deprivation of rights or privileges to which the inmate is subject as referred to in section 12 (2) (b) of the Act), and

(f)  of the death of any inmate that occurs while the inmate is in the general manager’s custody (whether at the centre or elsewhere), and

(g)  of any escape or attempted escape by an inmate that occurs while the inmate is in the general manager’s custody (whether at the centre or elsewhere), and

(h)  of such other information as the Commissioner may require a record to be kept.

(2)  The general manager of a correctional centre must conduct a daily inspection of all inmates who are confined to cell.

281   Order of ranking of correctional and other officers

(1)  The order of ranking of correctional officers, in descending order, is as follows:

Deputy Commissioner

Assistant Commissioner

Chief Superintendent

General Manager

Superintendent

Manager of Security

Deputy Superintendent

Senior Assistant Superintendent

Principal Correctional Officer

Assistant Superintendent

Chief Correctional Officer

Senior Correctional Officer

Correctional Officer

Probationary Correctional Officer

(2)  The order of ranking of Departmental officers employed in the Corrective Services Industries Branch of the Department, in descending order, is as follows:

Manager of Industries (Level 1)

Manager of Industries (Level 2)

Manager, Centre Services and Employment

Manager, Business Unit

Senior Overseer

Overseer

282   Attendance of inmates before courts and court officers

(cf clauses 56B and 56BA of Correctional Centre Administration Regulation 1995)

(1)  For the purposes of the definition of appropriate authority in section 77 (5) of the Act, a conference convenor, acting with the written authority of a conference administrator, under the Young Offenders Act 1997 is prescribed.

(2)  For the purposes of the definition of court in section 77 (5) of the Act, the following courts and bodies are prescribed:

(a)  the Compensation Court,

(b)  the Administrative Decisions Tribunal,

(c)  the Administrative Appeals Tribunal of the Commonwealth,

(d)  the Migration Review Tribunal of the Commonwealth,

(e)  the Refugee Review Tribunal of the Commonwealth.

282A   Commissioner may exercise other functions

If the Commissioner considers it necessary to do so, the Commissioner may exercise any function that, under this Regulation, may be exercised by an officer of the Department.

283   Powers of correctional officers

(cf clause 189 of Correctional Centre Routine Regulation 1995)

For the purpose of performing the duties of a custodian of offenders at a correctional centre managed in accordance with Part 12 of the Act, a person authorised under section 240 of the Act to perform those duties has and may exercise (subject to any directions of the Commissioner under section 241 (2) of the Act) all the powers of a correctional officer.

284   Operation of biometric identification system in correctional centres

(cf clause 131A of Correctional Centre Routine Regulation 1995)

(1)  The Commissioner may authorise the operation in:

(a)  any correctional centre in which high security or extreme high security inmates are accommodated, and

(b)  any correctional centre in which inmates are received before they are classified,

      of a biometric identification system for the purposes of controlling access to the centre by all persons (including correctional officers).

(2)  The system is to be designed to ensure that each person who enters a correctional centre for the purposes of:

(a)  conducting a visit, or

(b)  carrying out duties or activities requiring access to the centre,

      is the same person who leaves the centre after conducting that visit or carrying out those duties or activities.

(3)  In order to gain access to a correctional centre, a person may be required to comply with the requirements relating to the operation of the system and may be denied access to a correctional centre if the person refuses to comply with any such requirement.

(4)  The requirements relating to the operation of the system include:

(a)  the recording of a person’s biometric algorithm in the system’s database, along with the person’s photo image and personal details, and

(b)  the scanning of a person’s fingerprints each time the person enters or leaves a correctional centre.

(5)  This clause does not apply in respect of any person who is under the age of 18 years unless:

(a)  the person has previously been the subject of a direction by the Commissioner under clause 105, or

(b)  the person has been convicted of an offence in relation to a previous visit by the person to a correctional centre, or

(c)  the correctional officer in charge of the visiting area of the correctional centre being visited by the person is of the opinion that the person’s physical appearance is similar to that of an inmate of the centre.

285   Privacy and security safeguards

(cf clause 131B of Correctional Centre Routine Regulation 1995)

(1)  The Commissioner is to ensure that the following requirements are complied with in relation to the operation of an authorised biometric identification system in any correctional centre:

(a)  the fingerprint image of any person must not be retained on the system, and must be deleted as soon as the person’s biometric algorithm is made,

(b)  a person’s biometric algorithm must not be made, stored or kept as part of any other database that is maintained by or on behalf of the Department,

(c)  the system must not be used to reconstruct a fingerprint pattern from a person’s biometric algorithm,

(d)  the photo image of each visitor to a correctional centre must be eliminated from the system:

(i)  within 6 months of the person’s last recorded visit to a correctional centre, or

(ii)  as soon as possible at the request of the person,

(e)  a person’s biometric algorithm must not be stored in the system’s database in such a way that would enable unauthorised access to the information,

(f)  permission must not be given to any person or agency that would enable any person (other than a correctional officer or Departmental officer) to gain access to a person’s biometric algorithm stored in the system’s database.

(2)  Any person who is involved in the operation of an authorised biometric identification system must not knowingly or negligently:

(a)  permit any person to gain access to any information in the system’s database, or

(b)  provide such a person with any information in the system’s database, or

(c)  use the system to reconstruct a person’s fingerprint pattern from the person’s biometric algorithm.

(3)  This clause does not prevent access to a person’s photo image or personal details from being given to:

(a)  the Commissioner, or

(b)  the principal officer (however described) of a law enforcement agency, or

(c)  any other person or agency for a lawful purpose.

286   Non-smoking areas in correctional centres

(cf clause 56A of Correctional Centre Administration Regulation 1995)

(1)  The Commissioner or the general manager of a correctional centre may designate an enclosed area of the centre as an area in which smoking is prohibited.

(2)  Any such area is to be designated by means of signs or notices displayed within the area.

287   Victims Register

(cf clause 87 of Periodic Detention, Home Detention, Community Service Work and Parole Regulation 1995)

(1)  The Minister may require the provision of such evidence as the Minister considers appropriate as proof of any alleged relationship through which a person claims to be the victim of an offender or a member of the family of a victim of an offender.

(2)  A person who communicates directly or indirectly any information:

(a)  that has been included in the Victims Register, or that has been disclosed so that it may be included in that Register, and

(b)  that the person knows has been so included or so disclosed,

      is guilty of an offence.

Maximum penalty: 5 penalty units.

(3)  A person is not guilty of an offence under subclause (2) if the court is satisfied that the communication concerned was made:

(a)  with the consent of the person from whom the information was obtained, or

(b)  in connection with the administration or execution of the Act or a regulation made under the Act, or

(c)  with the prior permission of the Minister, or

(d)  pursuant to an order of a court, or of any other body or person authorised by law to examine witnesses, in the course of and for the purpose of the hearing or determination by that court, body or person of any matter, or

(e)  with other lawful excuse.

(4)  The Minister is not to grant permission referred to in subclause (3) (c) unless satisfied that it would be in the public interest to do so.

288   Notice to victims about proposed change in security classification

(cf clause 188 of Correctional Centre Routine Regulation 1995)

(1)  Notice under section 67 (1) of the Act:

(a)  is to be in writing and sent by post to the last postal address that has been recorded on the Victims Register for the relevant victim, unless paragraph (b) applies, or

(b)  is to be given by telephone if only a telephone number has been so recorded or if the Review Council believes that any telephone number that has been so recorded is more up to date than the last postal address so recorded.

(2)  The notice:

(a)  must set out the reasons for the consideration by the Review Council of a change in the security classification of the relevant offender, and

(b)  must indicate that a submission made by a victim must be made in writing, and

(c)  must specify the relevant 14-day period for the lodgment of any such submission and the address for its lodgment.

(3)  The Council is to keep a record of the giving of any notice in accordance with this clause.

288A   Submissions by Commissioner

(1)  If the Commissioner notifies the Parole Authority that he or she may wish to make a submission under section 185 of the Act concerning any matter, the Parole Authority must give the Commissioner copies of the reports and other documents intended to be used by the Parole Authority in making a decision with respect to that matter.

(2)  For the purposes of making a submission under section 185 of the Act, the Commissioner:

(a)  may be represented by a legal practitioner or, with the consent of the Parole Authority, by any other person, and

(b)  may call and examine any witness who attends, including any witness called by the Parole Authority, and

(c)  may give evidence on oath, and

(d)  may produce documents and exhibits to the Parole Authority, and

(e)  may otherwise adduce, orally and in writing, to the Parole Authority such matters, and address the Parole Authority on such matters, as are relevant to the proceedings before the Parole Authority.

289   Saving

Any act, matter or thing that, immediately before the commencement of this Regulation, had effect under:

(a)  the Crimes (Administration of Sentences) (Correctional Centre Administration) Regulation 1995, or

(b)  the Crimes (Administration of Sentences) (Correctional Centre Routine) Regulation 1995, or

(c)  the Crimes (Administration of Sentences) (Periodic Detention, Home Detention, Community Service Work and Parole) Regulation 1995,

continues to have effect under this Regulation.

290   Transitional

A person who, immediately before the commencement of this clause, was an accredited spiritual advisor in relation to a correctional centre is taken to be an accredited chaplain in relation to the correctional centre until the Commissioner revokes his or her accreditation to work as a chaplain.

Schedule 1 Information to be recorded in relation to inmates

(Clause 5)

1   The inmate’s full name, together with any other names by which he or she is known.

2   The address of the inmate’s usual place of residence, together with the telephone number for that address.

3   The name, address and telephone number of the inmate’s next of kin.

4   The inmate’s age and date of birth.

5   A head-and-shoulders photograph of the inmate.

6   A full set of the inmate’s fingerprints.

7   The inmate’s biometric characteristics.

8   Video or closed-circuit television footage of the inmate.

9   The serial number or other identifier of the inmate’s passport.

10   A description of the inmate’s general appearance, including height, weight, build, hair colour and eye colour and (if appropriate) the shape and colour of any sideburns, beard or moustache.

11   Particulars of any distinguishing features of the inmate’s appearance, including the nature and location of any tattoos.

12   Particulars of the language or languages spoken by the inmate.

13   Particulars of any exceptional circumstances in the inmate’s family history (such as incidents of physical or sexual abuse committed by or against the inmate).

14   Particulars of the state of the inmate’s physical and mental health, including any medical, psychiatric or psychological reports and the results of any psychological tests, together with details of any known tendency of the inmate to attempt suicide or inflict self-harm.

15   Particulars of any involvement by the inmate in the abuse of drugs or other intoxicating substances, including the results of any drug tests.

16   Particulars of any ethnic or racial group to which the inmate belongs, with particular reference to whether the inmate is an Aboriginal person or Torres Strait Islander.

17   Particulars of any religious denomination to which the inmate claims affiliation.

18   Particulars as to the inmate’s trade or vocation, including the inmate’s employment history.

19   Particulars as to the inmate’s financial circumstances.

20   Particulars of the inmate’s domestic circumstances (that is, whether the inmate is single, married, widowed or divorced, whether the inmate is living with another person in a de facto relationship and whether the inmate has children or other dependants).

21   Particulars of the inmate’s criminal history, both in New South Wales and elsewhere, including particulars of any period during which the inmate has been under the supervision of the Probation and Parole Service.

22   Particulars of any period during which the inmate has been on release on bail.

23   Particulars as to the inmate’s criminal associates.

Schedule 2 Correctional centre offences

(Clause 116)

Provision	Subject
Clause 5	Supply false or misleading particulars
Clause 8	Fail to surrender property on reception
Clause 38	Fail to clean yards
Clause 39	Fail to comply with correctional centre routine
Clause 40	Enter other cells
Clause 41	Fail to attend musters
Clause 42	Operate bell, hooter, siren or whistle
Clause 43	Avoid correctional centre routine
Clause 44	Unlawfully deliver or receive article to or from inmate
Clause 45	Possess or create prohibited goods
Clause 46	Resist or impede search
Clause 47	Fail to keep property in a tidy and orderly manner
Clause 52	Unlawfully purchase food
Clause 52	Possess unauthorised food
Clause 52	Unlawfully trade in food
Clause 56	Fail to maintain personal cleanliness
Clause 57	Wear improper clothing
Clause 58	Fail to keep clean cells and issued articles
Clause 58	Damage, destroy or deface cell
Clause 58	Fail to look after clothing, bedding and other issued articles
Clause 59	Unlawfully possess condom or dental dam
Clause 59	Unlawfully use condom or dental dam
Clause 59	Unlawfully dispose of condom or dental dam
Clause 61	Misbehave while attending services and programs
Clause 68	Desecrate or abuse religious items
Clause 97	Convey or deliver to, or receive from, visitors unauthorised articles
Clause 107	Send or receive unauthorised letters or parcels
Clause 108	Send prohibited letters, parcels or articles
Clause 112	Unlawfully use telephone or facsimile
Clause 113A	Possess camera or video or audio recording equipment
Clause 113B	Use or possess mobile phone, mobile phone SIM card or mobile phone charger
Clause 120	Disobey direction
Clause 124	Contravene condition of local or interstate leave permit
Clause 125	Conceal for purpose of escape
Clause 126	Conceal article for use in escape or other offence
Clause 126A	Possess offensive weapon or instrument
Clause 127	Intimidation
Clause 128	Indecency
Clause 129	Participate, or inciting other inmates to participate, in riot
Clause 130	Assaults
Clause 130	Fight or engage in other physical combat
Clause 130	Throw article
Clause 131	Steal
Clause 131	Damage or destroy property
Clause 131	Tamper with food or drink
Clause 132	Hinder or obstruct dog
Clause 133	Cause harm to animal, bird or reptile
Clause 134	Interfere with correctional centre property
Clause 135	Tattoo
Clause 136	Gamble
Clause 137	Possess or consume alcohol
Clause 137	Prepare or manufacture alcohol
Clause 138	Possess drug
Clause 139	Administer drug
Clause 140	Possess drug implement
Clause 141	Self-intoxication
Clause 142	Fail prescribed urine test
Clause 143	Smoke in non-smoking area
Clause 143	Alter, damage or remove non-smoking sign or smoking sign
Clause 144	Bribery
Clause 145	Obstruct correctional officer
Clause 146	Refuse breath testing
Clause 148	Refuse or fail to supply urine sample
Clause 149	Refuse or fail to supply urine sample
Clause 160	Make mischievous complaint
Clause 172	Give false or misleading information

Schedule 3 Offences against periodic detention discipline

(Clause 193)

Provision	Subject
Section 81 (c)	Fail to notify change of address
Section 95 (1) (a)	Fail to comply with an attendance order or work order
Section 95 (1) (b)	Fail to report to varied periodic detention centre
Section 95 (1) (c)	Disobey a direction under section 84 (1) or (3) or 94 (1) of the Act
Clause 39 (as applied by clause 185)	Fail to comply with periodic detention routine
Clause 40 (as applied by clause 185)	Enter other cells
Clause 41 (as applied by clause 185)	Fail to attend musters
Clause 42 (as applied by clause 185)	Operate bell, hooter, siren or whistle
Clause 43 (as applied by clause 185)	Avoid correctional centre routine
Clause 44 (as applied by clause 185)	Unlawfully deliver or receive article to or from detainee
Clause 45 (as applied by clause 185)	Possess or create prohibited goods
Clause 46 (as applied by clause 185)	Resist or impede search
Clause 47 (as applied by clause 185)	Fail to keep property in a tidy and orderly manner
Clause 52 (as applied by clause 185)	Unlawfully purchase food
Clause 52 (as applied by clause 185)	Possess unauthorised food
Clause 52 (as applied by clause 185)	Unlawfully trade in food
Clause 56 (as applied by clause 185)	Fail to maintain personal cleanliness
Clause 58 (as applied by clause 185)	Fail to keep clean cells and issued articles
Clause 58 (as applied by clause 185)	Damage, destroy or deface cell
Clause 58 (as applied by clause 185)	Fail to look after clothing, bedding and other issued articles
Clause 120 (as applied by clause 185)	Disobey direction
Clause 127 (as applied by clause 185)	Intimidation
Clause 128 (as applied by clause 185)	Indecency
Clause 129 (as applied by clause 185)	Participate, or incite other periodic detainees to participate in, riot
Clause 130 (as applied by clause 185)	Assault
Clause 130 (as applied by clause 185)	Fight or engage in other physical combat
Clause 130 (as applied by clause 185)	Throw article
Clause 131 (as applied by clause 185)	Steal
Clause 131 (as applied by clause 185)	Damage or destroy property
Clause 131 (as applied by clause 185)	Tamper with food or drink
Clause 132 (as applied by clause 185)	Hinder or obstruct dog
Clause 133 (as applied by clause 185)	Cause harm to animal, bird or reptile
Clause 134 (as applied by clause 185)	Interfere with periodic detention centre property
Clause 135 (as applied by clause 185)	Tattoo
Clause 136 (as applied by clause 185)	Gamble
Clause 137 (as applied by clause 185)	Possess or consume alcohol
Clause 137 (as applied by clause 185)	Prepare or manufacture alcohol
Clause 138 (as applied by clause 185)	Possess drug
Clause 139 (as applied by clause 185)	Administer drug
Clause 140 (as applied by clause 185)	Possess drug implement
Clause 141 (as applied by clause 185)	Self-intoxication
Clause 142 (as applied by clause 185)	Fail prescribed urine test
Clause 143 (as applied by clause 185)	Smoke in non-smoking area
Clause 143 (as applied by clause 185)	Alter, damage or remove non-smoking sign or smoking sign
Clause 144 (as applied by clause 185)	Bribery
Clause 145 (as applied by clause 185)	Obstruct correctional officer
Clause 146 (as applied by clause 185)	Refuse breath testing
Clause 148 (as applied by clause 185)	Refuse or fail to supply urine sample
Clause 149 (as applied by clause 185)	Refuse or fail to supply urine sample
Clause 174 (as applied by clause 185)	Resist or impede search
Clause 176	Conceal anything for the purpose of unlawfully bringing it into periodic detention centre
Clause 178	Attend while not sober
Clause 179	Fail to bring suitable clothing, footwear or toiletries
Clause 182	Unlawfully receive visitors
Clause 183	Unlawfully make telephone call
Clause 184	Fail to submit to medical examination
Clause 187	Fail to remain under proper supervision
Clause 187	Fail to perform work according to directions
Clause 187	Fail to conform to the standards of dress, cleanliness and conduct
Clause 187	Fail to keep clothes and tools in good order
Clause 187	Unlawfully damage or deface property
Clause 199	Give false or misleading information

Schedule 4 Forms

(Clause 3)

Form 1   Parole order made by Parole Authority

(Clause 213)

(Crimes (Administration of Sentences) Act 1999)

1   Sentence details

        Case number: ............................................................

        Conviction date: ............................................................

        The Court at: ............................................................

        Offender: ............................................................

        Date of birth: ............................................................

        Offence: ............................................................

Particulars of imprisonment imposed by Court

Term of: ............................................................

To commence on: ............................................................

*Non-parole period of: ............................................................

*The above term of imprisonment is to be served cumulatively on the sentence of: ............................................................
that commenced on: ............................................................

2   Release details

        Pursuant to the provisions of the Crimes (Administration of Sentences) Act 1999, the Parole Authority directs that the offender be released on parole at
............................................................

        Unless sooner revoked, this order remains in force until the end of the above term of imprisonment.

3   Supervision

        The offender must:

(a)  *until ............................../*until the order ceases to have effect, or

(b)  for a period of 3 years from the date of release,

whichever is the lesser, submit to the supervision and guidance of:
............................................................

4   Standard conditions

        This order is subject to the conditions (including the conditions relating to supervision) prescribed by the regulations under the Crimes (Administration of Sentences) Act 1999.

Note: 

a copy of the standard conditions must be attached to this order.

5   Additional conditions

        The order is also subject to the following conditions:
............................................................
............................................................

Order dated:

Signed: ..............................	Date: ..........
(Judicial Member/Secretary of Parole Authority)

I ............................................................
acknowledge that I understand the conditions on which I am released on parole.

Signed: ..............................	Date: ..........
(Judicial Member/Secretary of Parole Authority)

Signed: ..............................	.........................
(offender)	(witness)

Name: ............................................................

Address: ............................................................

The offender was released from custody on: ............................................................

Signed: ..............................	Date: ..........
(General manager of correctional centre)

*Delete if not applicable

Form 2

(Repealed)

Form 3   Instrument requiring attendance of witnesses/production of documents before Parole Authority

(Clause 224)

(Crimes (Administration of Sentences) Act 1999, section 186)

IN THE MATTER of a hearing before the Parole Authority in respect of (Name of offender)

YOU ARE REQUIRED to appear before the Parole Authority on ............................................................

(date)

at .......... am/pm at ............................................................

(time)

(place)

*for the purpose of giving evidence
*to produce the documents specified below:
............................................................
............................................................

Signed: ..............................

(Judicial member of Parole Authority)

Date:

*Delete if not applicable

Form 4   Withdrawal of consent to continued operation of home detention order

(Clause 227)

(Crimes (Administration of Sentences) Act 1999)

I, .............................., withdraw my consent as co-resident to the continued operation of the home detention order of ............................................................

Signed: .............................. Date: ..........

Form 5   Notice of revocation of periodic detention order/home detention order/parole order

(Clause 228)

(Crimes (Administration of Sentences) Act 1999, section 173)

To: ............................................................

TAKE NOTICE that the Parole Authority, on ............................................................,
made an order for revocation of your *periodic detention order/*home detention order/*parole order to date from ............................................................

The Parole Authority will reconvene on ......................... at ............................................................
in order to reconsider the revocation of the order concerned.

A copy of the revocation order is attached.

* Copies are attached of reports and other documents used by the Parole Authority in reaching its decision to revoke the order concerned.

You may make submissions to the Parole Authority with respect to *the revocation of the order concerned/*the date of revocation of the order concerned. If you wish to do so, you must notify the Secretary of the Parole Authority not later than ............................................................

Signed: ..............................

(Secretary of Parole Authority)

Date:

*Delete if not applicable

Form 6   Notice of intention to make representations to Parole Authority

(Clause 228)

(Crimes (Administration of Sentences) Act 1999)

To the Parole Authority

From ............................................................

(Name of offender)

TAKE NOTICE that I *do not intend/*intend to make representations to the Parole Authority at the review to be held on .............................. to reconsider whether my *periodic detention order/*home detention order/*parole order should be revoked.

I *do not wish/*wish to appear before the Parole Authority.

I *do not intend/*intend to be legally represented.

*I wish to be represented at this meeting by ............................................................
of .............................. and seek the consent of the Parole Authority for this person to attend for this purpose.

My reasons for requesting representation by the named person are: ............................................................
............................................................
............................................................

Signed: ............................................................

Date: ............................................................

*Delete if not applicable

Form 7   Notice of revocation of periodic detention order/home detention order/parole order

(Clause 230)

(Crimes (Administration of Sentences) Act 1999)

TAKE NOTICE that on ............... the Parole Authority revoked the

(date)

*periodic detention order/*home detention order/*parole order made by
.................... on ............... in respect of ............................................................

(Court)

(date)

(offender)

*The Parole Authority directed that the order be taken to have been revoked on
....................

(date)

Signed: ..............................

(Secretary of Parole Authority)

Date:

TO:

The Commissioner,

Department of Corrective Services

*Delete if not applicable

Form 8   Arrest warrant

(Clause 232)

(Crimes (Administration of Sentences) Act 1999, section 180)

TO ALL POLICE OFFICERS in the State of New South Wales

WHEREAS .............................. of ............................................................

(Name of offender)

(a)  *is serving a term of imprisonment by way of periodic detention under a periodic detention order within the meaning of the Crimes (Administration of Sentences) Act 1999,

(b)  *is serving a term of imprisonment by way of home detention under a home detention order within the meaning of the Crimes (Administration of Sentences) Act 1999,

(c)  *has been released from custody on parole under a parole order within the meaning of the Crimes (Administration of Sentences) Act 1999,

AND WHEREAS the Parole Authority has reason to suspect that the offender has failed to comply with the offender’s obligations under the order, and proposes to conduct an inquiry into the matter,

YOU ARE HEREBY DIRECTED to arrest the offender, to remove the offender to .................... and to deliver the offender into the custody of the Parole Authority.

Signed: ..............................

(Judicial Member of Parole Authority)

Date:

*Delete if not applicable

Form 9   Warrant of commitment to correctional centre

(Clause 233)

(Crimes (Administration of Sentences) Act 1999, section 181)

TO THE General manager of the correctional centre at .................... in the State of New South Wales

WHEREAS .................... of ............................................................

(the offender)

has been found guilty by the .................... Court of the following offence or offences:
............................................................

AND WHEREAS the Court has sentenced the offender to imprisonment for a period of .................... to commence on ............................................................

AND WHEREAS the offender:

(a)  *has been serving the sentence by way of periodic detention under a periodic detention order within the meaning of the Crimes (Administration of Sentences) Act 1999,

(b)  *has been serving the sentence by way of home detention under a home detention order within the meaning of the Crimes (Administration of Sentences) Act 1999,

(c)  *has been released from custody on parole under a parole order within the meaning of the Crimes (Administration of Sentences) Act 1999, in respect of the sentence,

AND WHEREAS the Parole Authority has revoked the order,

YOU ARE HEREBY DIRECTED to receive the offender into your custody there and (subject to the Crimes (Administration of Sentences) Act 1999 and to any order under that Act) to detain the offender there for the remainder of the term of the offender’s sentence.

Signed: ..............................	Date: ..........
(Judicial Member of Parole Authority)

TO ALL POLICE OFFICERS in the State of New South Wales

By virtue of section 181 of the Crimes (Administration of Sentences) Act 1999, this warrant is sufficient authority for you to arrest, or to have custody of, the offender named in this warrant, to convey the offender to the correctional centre specified in this warrant and to deliver the offender into the custody of the general manager of that correctional centre.

*Delete if not applicable

Schedule 5 Awards

(Clause 273)

Bravery Medal

A Bravery Medal of gold plated sterling silver with dark blue and red striped ribbon may be awarded to an officer for conduct of conspicuous merit involving an act of exceptional bravery.

In the event of any further such conduct a plain gold plated bar may be awarded to the officer. The bar is to be attached to the ribbon.

Commendation for Brave Conduct

A Commendation for Brave Conduct (comprising two vertical royal blue stripes separated by a white stripe and with white edging, to which is attached a bronze lion’s head) may be awarded to an officer for an act of bravery.

Exemplary Conduct Cross

An Exemplary Conduct Cross of sterling silver with blue ribbon having a central yellow stripe may be awarded to an officer for conduct or service characterised by initiative, leadership or distinctive devotion to duty.

Unit Citation

A Unit Citation (comprising a dark blue ribbon, with a white central band, set in a gilt metal frame) may be awarded to members of a unit who have performed outstanding service.

Meritorious Service Medal

A Meritorious Service Medal of bronze with red ribbon having a central yellow stripe may be awarded to an officer for 20 years of meritorious service to the Department.

For the completion of each additional 5 years of service a clasp lettered with the total number of years of meritorious service may be awarded to the officer, as follows:

(a)  after 25 years of service—a clasp of bronze colour,

(b)  after 30 years of service—a clasp of silver colour,

(c)  after 35 years of service—a clasp of gold colour,

(d)  after 40 years of service—a further clasp of gold colour.

In addition, for the completion of each additional 5 years of service (beyond 20 years) a rosette may be awarded to the officer, as follows:

(a)  after 25 years of service—a rosette of bronze colour,

(b)  after 30 years of service—a rosette of silver colour,

(c)  after 35 years of service—a rosette of gold colour,

(d)  after 40 years of service—a further rosette of gold colour.

Service Medal

A Service Medal of bronze with ribbon having equal stripes of dark blue and white (with blue being the outer and central stripes) may be awarded to an officer for 15 years of satisfactory service to the Department.

Schedule 6 Modifications to provisions of the Act and this Regulation as they apply to offenders in Stages 1 and 2 compulsory drug treatment detention

(Clause 201B (1))

1   Definitions

In this Schedule:

Stage 1 compulsory drug treatment detention means closed detention (Stage 1) within the meaning of section 106D of the Act.

Stage 2 compulsory drug treatment detention means semi-open detention (Stage 2) within the meaning of section 106D of the Act.

2   Provisions of Act and Regulation that do not apply

The following do not apply to or in respect of an offender serving a sentence in Stage 1 or Stage 2 compulsory drug treatment detention:

(a)  Divisions 1 (except sections 6 and 7), 2, 5 and 7 of Part 2 of the Act,

(b)  sections 52–65, 78 (3) and (6) and 79 (v) and (v1) of the Act,

(c)  Part 2 of Chapter 2 of this Regulation,

(d)  clauses 32–34, 38, 61, 75, 76, 85 (1), 98, 110A, 113 (2) (b), 142, 148–150, 151 (b), 168, 172A and 172B of this Regulation,

(e)  the words “Subject to clause 110A,” in clause 111 of this Regulation.

3   Additional provision

The following provision is taken to apply to or in respect of an offender serving a sentence in Stage 1 or Stage 2 compulsory drug treatment detention as if the provision were included after section 51 of the Act:

  

51A   Correctional centre offences are conditions of personal plans

Provisions of this Act and the regulations that are declared by the regulations to be correctional centre offences are taken to be conditions of each offender’s personal plan.

Dictionary

(Clause 3)

accredited chaplain means a minister of religion for the time being accredited as a chaplain under clause 62.

approved means approved for the time being by the Commissioner.

attendance site means:

(a)  in relation to a periodic detainee, a place at which the detainee is, by an attendance order under the Act, required to attend, and

(b)  in relation to an offender under Chapter 5, a place where the offender performs, or is required to perform, community service work involving participation in personal development, educational or other programs.

armed post means an area, within a correctional centre, at which an armed correctional officer is regularly stationed.

authorised officer, in relation to a function of the general manager of a correctional centre, means the general manager or a correctional officer authorised by the general manager to exercise the function.

breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood.

case plan means a plan for the management of an inmate while in custody in a correctional centre.

cell includes any room or enclosed space in which an inmate is accommodated.

Civil Chaplaincies Advisory Committee means the committee, made up of representatives from various religious organisations, that liaises between those religious organisations and government departments in matters of chaplaincy in correctional centres.

civil inmate means an inmate who is being held in custody otherwise than because of a criminal offence.

Commissioner’s instructions means instructions issued by the Commissioner under section 235B of the Act.

Commonwealth Ombudsman means the Commonwealth Ombudsman appointed under section 21 (1) of the Ombudsman Act 1976 of the Commonwealth.

contact visit means a visit to an inmate in which the inmate and the visitor are permitted physical contact with each other.

correctional centre armoury means an armoury for the storage of firearms.

correctional centre offence has the same meaning as it has in Division 6 of Part 2 of the Act.

Departmental officer means an officer or temporary employee (other than a correctional officer) employed in the Department.

development program has the same meaning as it has in Part 7 of the Crimes (Sentencing Procedure) Act 1999.

drug means:

(a)  a prohibited drug or prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985, or

(b)  a substance listed in Schedule 2, 3 or 4 to the Poisons List under the Poisons and Therapeutic Goods Act 1966, or

(c)  any derivative of a substance referred to in paragraph (a) or (b), or

(d)  any mixture containing such a substance or derivative.

escape-risk classification means a classification under clause 24.

Ethics Committee means the Ethics Committee established under clause 170.

exempt body means:

(a)  the Ombudsman, the Judicial Commission, the New South Wales Crime Commission, the Police Integrity Commission, the Anti-Discrimination Board, the Administrative Decisions Tribunal, the Independent Commission Against Corruption, the Privacy Commissioner, the Legal Aid Commission, the Legal Services Commissioner or the Legal Services Tribunal, or

(b)  the Commonwealth Ombudsman, the Commonwealth Human Rights and Equal Opportunity Commission or the Australian Crime Commission.

exempt person means a Member of Parliament, a legal practitioner or a police officer.

extreme high security inmate means an inmate who is designated as an extreme high security inmate as referred to in clause 25.

force includes the threat to use force and the carriage and use of restraining equipment.

government analyst has the same meaning as analyst has in the Poisons and Therapeutic Goods Act 1966.

government official means an officer of the Crown, and includes a police officer.

high security inmate means an inmate who is designated as a high security inmate as referred to in clause 25.

high security or extreme high security designation means a designation under clause 25.

home detainee has the same meaning as offender has in Part 4 of the Act.

legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2004.

letter includes any card, telegram, document or other similar form of written communication, whether or not contained in a parcel, and includes an envelope containing any of those things, but does not include a facsimile transmission.

minister of religion, in relation to a religious organisation, means a priest, rabbi, imam or other person appointed or authorised by the appropriate authority for the organisation to minister to its members and to carry out other religious duties.

nominated officer, in relation to a correctional centre, means:

(a)  the principal security officer, or

(b)  the general manager of the centre, or

(c)  any correctional officer or Departmental officer appointed by the principal security officer or by the general manager of the centre.

non-contact visit means a visit to an inmate in which the visit takes place in an environment in which physical contact between the visitor and the inmate is prevented.

non-smoking area means a non-smoking area designated under clause 286.

nursing officer means a registered nurse (within the meaning of the Nurses and Midwives Act 1991) employed by Justice Health.

offence against discipline has the same meaning as it has in section 95 of the Act.

offender, where used in Chapter 5, means a person in respect of whom a community service order is in force.

parcel means any parcel, package or other similar article, and includes any parcel or package containing any book, newspaper, magazine or other similar printed material.

periodic detainee has the same meaning as offender has in Part 3 of the Act.

prescribed DCS officer, in relation to a provision of this Regulation, means:

(a)  the Commissioner, or

(b)  a correctional officer or Departmental officer authorised by the Commissioner to exercise the functions of a prescribed DCS officer for the purposes of that provision.

prescribed Justice Health officer, in relation to a provision of this Regulation, means:

(a)  the Chief Executive Officer, Justice Health, or

(b)  a medical officer or other member of staff of Justice Health authorised by the Chief Executive Officer, Justice Health, to exercise the functions of a prescribed Justice Health officer for the purposes of that provision.

principal security officer means the person appointed by the Commissioner to be the principal security officer for the purposes of this Regulation.

prohibited goods means:

(a)  money, or

(b)  anything that, in the opinion of a nominated officer, is likely to prejudice the good order and security of a correctional centre, or

(c)  any threatening, offensive, indecent, obscene or abusive written or pictorial matter, or

(d)  any offensive, indecent or obscene article, or

(e)  anything that could constitute a risk to national security (for example, because of a perceived risk that it may be used in connection with terrorist activities).

restraining equipment means equipment of the kind referred to in clause 122.

senior officer, where used in Part 3 of Chapter 8, means a correctional officer who is holding office or acting in a rank that is of or above the rank of Senior Correctional Officer.

sentencing court’s comments, in relation to an inmate, means any recommendation, observation or expression of opinion made by the sentencing court in relation to the inmate’s sentence when sentence is originally or finally imposed.

supervisor means:

(a)  in relation to a periodic detainee at a work site or attendance site, the person supervising the detainee in accordance with clause 187 (a), and

(b)  in relation to a home detainee, means such person as the Commissioner may appoint to supervise the home detainee.

the Act means the Crimes (Administration of Sentences) Act 1999.

unconvicted inmate means an inmate who is not a convicted inmate or a civil inmate.

visitor means a visitor to a correctional centre or to a particular person within a correctional centre.

work site means:

(a)  in relation to a periodic detainee, a place at which the detainee is, by a work order under the Act, directed to perform work, and

(b)  in relation to an offender under Chapter 5, a place where the offender performs, or is required to perform, community service work (not involving participation in personal development, educational or other programs).

Historical notes

The following abbreviations are used in the Historical notes:

Am	amended	LW	legislation website	Sch	Schedule
Cl	clause	No	number	Schs	Schedules
Cll	clauses	p	page	Sec	section
Div	Division	pp	pages	Secs	sections
Divs	Divisions	Reg	Regulation	Subdiv	Subdivision
GG	Government Gazette	Regs	Regulations	Subdivs	Subdivisions
Ins	inserted	Rep	repealed	Subst	substituted

Table of amending instruments

Crimes (Administration of Sentences) Regulation 2001 published in Gazette No 132 of 31.8.2001, p 6778 and amended as follows:
Aboriginal Land Rights Amendment Act 2001 No 118. Assented to 19.12.2001. Date of commencement, 25.10.2002, sec 2 and GG No 189 of 25.10.2002, p 9059.
Crimes (Administration of Sentences) Amendment (Consequential Amendments) Regulation 2002 (GG No 225 of 22.11.2002, p 9795)
Crimes (Administration of Sentences) Amendment (Savings and Transitional) Regulation 2003 (GG No 104 of 27.6.2003, p 6045)
Australian Crime Commission (New South Wales) Act 2003 No 13. Assented to 30.6.2003. Date of commencement of Sch 1.6, assent, sec 2 (1).
Statute Law (Miscellaneous Provisions) Act (No 2) 2003 No 82. Assented to 27.11.2003. Date of commencement of Sch 2.8, assent, sec 2 (2).
Crimes (Administration of Sentences) Amendment (Miscellaneous) Regulation 2004 (GG No 21 of 6.2.2004, p 406)
Crimes (Administration of Sentences) Amendment Act 2004 No 47. Assented to 6.7.2004. Date of commencement of Sch 3.1, 26.7.2004, sec 2 (1) and GG No 124 of 23.7.2004, p 6013.
Crimes (Administration of Sentences) Amendment (Testing of Correctional Staff) Regulation 2004 (GG No 126 of 30.7.2004, p 6119)
Crimes (Administration of Sentences) Amendment (Category AA Inmates) Regulation 2004 (GG No 170 of 29.10.2004, p 8210)
Statute Law (Miscellaneous Provisions) Act (No 2) 2004 No 91. Assented to 10.12.2004. Date of commencement of Sch 2.14, assent, sec 2 (2).

2005	(629)	Crimes (Administration of Sentences) Amendment Regulation 2005. GG No 122 of 7.10.2005, p 8171. Date of commencement, 10.10.2005, cl 2.
2006	(359)	Crimes (Administration of Sentences) Amendment (Compulsory Drug Treatment Correctional Centre) Regulation 2006. GG No 84 of 30.6.2006, p 4812. Date of commencement, 21.7.2006, cl 2.
	(436)	Crimes (Administration of Sentences) Amendment Regulation 2006. GG No 100 of 11.8.2006, p 6159. Date of commencement, on gazettal.
	(487)	Crimes (Administration of Sentences) Amendment (Revocation of Parole Order) Regulation 2006. GG No 104 of 18.8.2006, p 6596. Date of commencement, on gazettal.
	No 81	Crimes (Administration of Sentences) Amendment Act 2006. Assented to 27.10.2006. Date of commencement, 1.12.2006, sec 2 and GG No 168 of 1.12.2006, p 10086.
	(690)	Crimes (Administration of Sentences) Further Amendment Regulation 2006. GG No 168 of 1.12.2006, p 10090. Date of commencement, 1.12.2006, cl 2.
2007	No 27	Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007. Date of commencement of Sch 4, assent, sec 2 (2).
	No 33	Crimes Legislation Amendment (Mobile Phones in Places of Detention) Act 2007. Assented to 4.7.2007. Date of commencement, assent, sec 2.
	No 85	Crimes (Administration of Sentences) Amendment Act 2007. Assented to 7.12.2007. Date of commencement, assent, sec 2.
	No 99	Road Transport Legislation (Breath Testing and Analysis) Act 2007. Assented to 13.12.2007. Date of commencement of Sch 2, 25.1.2008, sec 2 (1) and GG No 10 of 25.1.2008, p 149.
2008	No 17	Crimes (Administration of Sentences) Legislation Amendment Act 2008. Assented to 20.5.2008. Date of commencement, assent, sec 2.

Table of amendments

Cl 13	Am 6.2.2004; 2005 (629), Sch 1 [2].
Cll 14, 15	Subst 2005 (629), Sch 1 [3].
Cl 16	Am 2005 (629), Sch 1 [4].
Cl 17	Am 2005 (629), Sch 1 [5].
Cl 20	Am 6.2.2004.
Cll 22, 23, 28	Am 29.10.2004.
Cl 28A	Ins 29.10.2004. Am 2007 No 27, Sch 4.7.
Chapter 2, Part 2, Div 3 (cll 29–31)	Rep 2005 (629), Sch 1 [6].
Cl 35	Rep 6.2.2004.
Cl 45	Subst 6.2.2004.
Cl 54	Am 2004 No 91, Sch 2.14 [1].
Cll 60, 62–72	Am 6.2.2004.
Cl 77	Am 2008 No 17, Sch 2 [1].
Cl 83	Am 2001 No 118, Sch 2.4.
Cll 86, 93	Am 6.2.2004.
Cl 98	Am 6.2.2004; 29.10.2004.
Cl 100	Am 29.10.2004.
Cl 101, 105	Am 6.2.2004.
Cll 107, 109	Am 29.10.2004.
Cl 110	Am 29.10.2004; 2007 No 85, Sch 2 [1].
Cl 110A	Ins 29.10.2004.
Cl 111	Am 29.10.2004.
Cl 113	Am 2008 No 17, Sch 2 [2].
Cl 113A	Ins 6.2.2004.
Cl 113B	Ins 2004 No 47, Sch 3.1 [1]. Am 2007 No 33, Sch 1.2 [1].
Cl 113B, note	Ins 2004 No 91, Sch 2.14 [2].
Cl 115A	Ins 6.2.2004.
Cl 116	Subst 6.2.2004. Am 2004 No 47, Sch 3.1 [2].
Cl 117	Rep 2004 No 47, Sch 3.1 [3].
Cl 118	Am 2004 No 47, Sch 3.1 [4].
Cl 122	Am 6.2.2004.
Cl 126A	Ins 6.2.2004.
Cl 137	Am 6.2.2004.
Cl 147	Am 2003 No 82, Sch 2.8; 2007 No 99, Sch 2.4 [1].
Cl 148	Am 2003 No 82, Sch 2.8; 6.2.2004.
Cl 149	Am 6.2.2004.
Cl 150	Am 2003 No 82, Sch 2.8.
Cl 151	Am 2004 No 91, Sch 2.14 [1].
Cl 152	Am 6.2.2004; 2008 No 17, Sch 2 [3].
Cll 154, 155, 158	Am 29.10.2004.
Cll 166, 168	Am 2003 No 82, Sch 2.8.
Cll 170, 171	Am 6.2.2004.
Cll 172A, 172B	Ins 27.6.2003.
Cl 178	Am 2007 No 99, Sch 2.4 [2].
Cl 190	Rep 22.11.2002.
Chapter 4A (cll 201A–201G)	Ins 2006 (359), Sch 1 [1].
Cl 205A	Ins 2007 No 85, Sch 2 [2].
Cl 216	Am 6.2.2004; 2006 No 81, Sch 2 [1] [2]; 2006 (690), Sch 1 [3].
Cl 217	Am 2006 No 81, Sch 2 [3]; 2007 No 85, Sch 2 [3].
Cl 218	Am 2006 No 81, Sch 2 [4].
Cl 218A	Ins 2006 No 81, Sch 2 [5].
Cl 219	Am 2006 (487), Sch 1.
Cl 219A	Ins 2005 (629), Sch 1 [7]. Am 2006 (690), Sch 1 [4].
Cl 220	Am 2005 (629), Sch 1 [8] [9].
Cl 221A	Ins 2005 (629), Sch 1 [10].
Cl 222	Am 2005 (629), Sch 1 [11]–[14].
Cl 226	Am 22.11.2002.
Cl 236	Am 6.2.2004.
Cl 237	Am 2008 No 17, Sch 2 [4].
Cl 240	Am 6.2.2004.
Cl 242	Rep 30.7.2004.
Cl 246	Am 6.2.2004.
Cl 248	Subst 30.7.2004.
Chapter 8, Part 1A	Ins 30.7.2004.
Chapter 8, Part 1A, Div 1	Ins 30.7.2004.
Cl 249A	Ins 30.7.2004. Am 2007 No 99, Sch 2.4 [3] [4].
Cll 249B, 249C	Ins 30.7.2004.
Chapter 8, Part 1A, Div 2	Ins 30.7.2004.
Cl 249D	Ins 30.7.2004. Am 2007 No 99, Sch 2.4 [5].
Cl 249E	Ins 30.7.2004.
Chapter 8, Part 1A, Div 3	Ins 30.7.2004.
Cll 249F, 249G	Ins 30.7.2004.
Cl 249H	Ins 30.7.2004. Am 2006 (436), Sch 1 [1] [2]; 2007 No 99, Sch 2.4 [6].
Cll 249I–249L	Ins 30.7.2004.
Chapter 8, Part 1A, Div 4	Ins 30.7.2004.
Cl 249M	Ins 30.7.2004. Am 2007 No 99, Sch 2.4 [7].
Cl 249N	Ins 30.7.2004. Am 2004 No 91, Sch 2.14 [3].
Cll 249O, 249P	Ins 30.7.2004.
Chapter 8, Part 1A, Div 5	Ins 30.7.2004.
Cll 249Q–249T	Ins 30.7.2004.
Cl 249U	Ins 30.7.2004. Am 2007 No 99, Sch 2.4 [8].
Cll 249V–249Z	Ins 30.7.2004.
Chapter 8, Part 1A, Div 6	Ins 30.7.2004.
Cl 249AA	Ins 30.7.2004. Am 2007 No 99, Sch 2.4 [9].
Cl 249AB	Ins 30.7.2004.
Chapter 8, Part 2, heading	Subst 2004 No 91, Sch 2.14 [4].
Cll 250–252	Am 2004 No 91, Sch 2.14 [5].
Cl 253	Am 2004 No 91, Sch 2.14 [1] [5].
Cl 254	Am 2004 No 91, Sch 2.14 [1] [5] [6].
Cl 255	Am 2004 No 91, Sch 2.14 [5]; 2008 No 17, Sch 2 [5].
Cl 256	Am 2004 No 91, Sch 2.14 [1] [5].
Cl 257	Am 2004 No 91, Sch 2.14 [5].
Cl 260	Am 6.2.2004.
Cl 281	Subst 2007 No 85, Sch 2 [4].
Cl 282	Am 6.2.2004.
Cl 282A	Ins 6.2.2004.
Cl 285	Am 6.2.2004.
Cl 288A	Ins 2006 (690), Sch 1 [5].
Cl 290	Ins 6.2.2004.
Sch 2	Am 6.2.2004. Subst 2004 No 47, Sch 3.1 [5]. Am 2007 No 33, Sch 1.2 [2].
Sch 4	Am 2005 (629), Sch 1 [15]–[18].
Sch 6	Ins 2006 (359), Sch 1 [2].
Dictionary	Am 2003 No 13, Sch 1.6; 6.2.2004; 2004 No 47, Sch 3.1 [6]; 29.10.2004; 2004 No 91, Sch 2.14 [7] [8]; 2005 (629), Sch 1 [19]; 2007 No 85, Sch 2 [5]; 2007 No 99, Sch 2.4 [10]; 2008 No 17, Sch 2 [6].
The whole Regulation	Am 2005 (629), Sch 1 [1] (“Parole Board” and “Parole Board’s” omitted wherever occurring, “Parole Authority” and “Parole Authority’s” inserted instead, respectively); 2006 (690), Sch 1 [1] (“governor”, “governors” and “governor’s” omitted wherever occurring, “general manager”, “general managers” and “general manager’s” inserted instead, respectively).
The whole Regulation (cl 249M (1) (c) excepted)	Am 2006 (690), Sch 1 [2] (“Governor” and “Governor’s” omitted wherever occurring, “General manager” and “General manager’s” inserted instead, respectively).