1 Name of Act
2 Commencement
3 Interpretation
Part 2 Imprisonment by way of full-time detention
4 Application of Part
5 Obligations of inmate
6 Work performed by inmates
7 Payments to inmates
8 Release from custody
Division 2 Segregated and protective custody
9 Definitions
10 Segregated custody of inmates
11 Protective custody of inmates
12 Effect of segregated or protective custody direction
13 Form of direction
14 Information concerning review of segregated or protective custody direction
15 Transfer of inmate held in segregated or protective custody
16 Review of segregated or protective custody direction by Commissioner
17 Revocation of segregated or protective custody direction
18 Report to Minister on segregated or protective custody direction
19 Review of segregated or protective custody direction by Review Council
20 Suspension directions by Review Council
21 Procedure for review of segregated or protective custody direction by Review Council
22 Determination of review by Review Council
Division 3 Transfer and leave of absence
Subdivision 1 Transfer and leave of absence within New South Wales
23 Transfers from one correctional centre to another
24 Transfers to hospital
25 Local leave orders
26 Local leave permits
26A Conditions of leave as to non-association and place restriction
Subdivision 2 Interstate leave of absence
27 Definitions
28 Corresponding interstate law
29 Issue of interstate leave permit
30 Effect of interstate leave permit
31 Variation or revocation of interstate leave permit
32 Breach of interstate leave permit
33 Notice to participating State and transit jurisdiction
34 Effect of interstate leave permit issued under corresponding interstate law
35 Arrest of escaped interstate prisoners
36 Return of escaped interstate prisoners to State of origin
37 Liability of Crown for damage caused by inmate or escort
38 Absent inmates taken to be in custody
39 Powers of arrest
40 Certain unlawful absences not to affect length of sentence
41 Transfer of inmates to or through ACT
41A Definitions
41B Custody of section 28 juvenile inmates
41C Transfers to and from juvenile correctional centres
41D Procedure to be followed by Review Council as to transfer of juvenile inmate to adult correctional centre
Division 4 Prisoners received from Australian Capital Territory
42 Definitions
43 Application of Division
44 Conveyance and detention of prisoners from ACT
45 Return of prisoners to ACT
46 Evidentiary provision
Division 5 Prisoners received from Norfolk Island
47 Definitions
47A Application of Division
48 Conveyance and detention of prisoners from Norfolk Island
49 Return of prisoners to Norfolk Island
50 Evidentiary provision
Division 6 Correctional centre discipline
51 Definitions
52 Hearing of charges by governor
53 Penalties governor may impose
54 Reference of offences to Visiting Magistrate
55 Hearing of charges by Visiting Magistrate
56 Penalties Visiting Magistrate may impose
56A Penalty for possession of a mobile phone
57 Drug tests for inmates
58 Certain offences may be dealt with by Local Court
59 Compensation for property damage
60 Cumulative punishments
61 Record of punishments for correctional centre offences
62 Appeals against decisions of Visiting Magistrates
63 Double jeopardy
64 False or misleading statements
65 Offences may be dealt with by governor of any correctional centre
Division 7 Classification of serious offenders
66 Application of Division
67 Formulation of Review Council’s initial intention
68 Submissions by victims
69 Review Council to consider all submissions
70 Decision following review
71 Submissions by State
72 Custody of inmates
72A Medical attention
73 Compulsory medical treatment
74 Notice to coroner of inmate’s death
75 Confiscation of property
76 Sale of unclaimed property
77 Attendance of inmates before courts and court officers
78 Use of dogs in maintaining good order and security
79 Regulations
Part 3 Imprisonment by way of periodic detention
80 Definitions
81 Obligations of offender
82 Duration of periodic detention order
Division 2 Administration of periodic detention orders
83 Duty to report to periodic detention centre
84 Participation in activity or work
85 Variation of day, time and place for periodic detention
86 Transfer of unruly offenders
87 Leave of absence for failing to report
88 Leave of absence for reporting late
89 Failure to report or reporting late extends term of sentence
90 Commissioner may grant exemptions from extension of sentence
91 Leave of absence at direction of Commissioner
92 Commissioner may grant exemptions for health reasons or on compassionate grounds
93 Appeal to Parole Board from Commissioner’s refusal to grant leave of absence
94 Directions
95 Offences
96 Defences to prosecution for certain offences
97 Penalty notices
98 Application of Part 2 to periodic detention
99 Custody of offenders
100 Community committees
101 Regulations
Part 4 Imprisonment by way of home detention
102 Definition
103 Conditions governing home detention
104 Obligations of offender
105 Duration of home detention order
106 Regulations
Part 5 Community service work and other work performed by offenders
Division 1 Performance of community service work under community service orders
107 Definitions
108 Conditions governing community service work
109 Obligations of offender
110 Duration of community service order
Subdivision 2 Administration of community service orders
111 Assignment of officer by Commissioner
112 Performance of community service work
113 Increase in hours of community service work
114 Extension of period of community service order
115 Revocation of community service orders
116 Summonses and warrants for attendance
117 Regulations
118 Definitions
119 Restrictions on directions regarding work to be performed
120 Act or omission of offender performing community service work
121 Act or omission of person involved in community service work
122 (Repealed)
123 Disclosure of material facts about health
124 Settlement of claims
125 Application of Part
126 Eligibility for release on parole
127 Parole order necessary for release
128 Conditions governing parole
128A Conditions of parole as to non-association and place restriction
129 Obligations of offender
130 Revocation of parole order before release
131 Release under parole order
131A Reasons for parole decisions
132 Sentence continues to run while offender on parole
133 Parole order not invalidated by failure to comply with procedural requirements
Division 2 Parole orders for sentences of more than 3 years
134 Application of Division
135 General duty of Parole Board
Subdivision 2 Offenders other than serious offenders
136 Application of Subdivision
137 Consideration by Parole Board
138 Decision of Parole Board
139 Notice of refusal of parole
140 Review by Parole Board
141 Decision following review
Subdivision 3 Serious offenders
142 Application of Subdivision
143 Preliminary consideration by Parole Board
144 Formulation of Parole Board’s initial intention
145 Notice to victims of initial intention to make parole order
146 Notice to offender of initial intention not to make parole order
147 Submissions by offender and victims
148 Principles on which Parole Board’s final decision to be made
149 Decision following review
150 Decision where no review
151 Day of release
152 Reasons to be provided for rejection of Review Council’s advice
153 Submissions by State
154 Matters to be considered concerning certain serious offenders
154A Serious offenders the subject of non-release recommendations
Subdivision 4 Applications to Court of Criminal Appeal
155 Application to Court of Criminal Appeal by offender
156 Application to Court of Criminal Appeal by State
157 Appearance in person of offender
Division 3 Parole orders for sentences of 3 years or less
158 Effect of parole orders made by court
159 Making of parole orders by Parole Board
Division 4 Parole orders in exceptional circumstances
160 Parole orders in exceptional circumstances
161 Regulations
Part 7 Revocation and reinstatement by Parole Board of certain orders
Division 1 Periodic detention orders
162 Conduct of inquiry into suspected breach of obligations
163 Revocation of periodic detention order
164 Effect of revocation order
164A Parole Board may reinstate revoked periodic detention order
165 Parole Board may order home detention
165AA Release of offender pending assessment for home detention
165A Conditions of home detention as to non-association and place restriction
Division 2 Home detention orders
166 Conduct of inquiry into suspected breach of obligations
167 Revocation of home detention order
168 Effect of revocation order
168A Parole Board may reinstate revoked home detention order or prior revoked periodic detention order
169 Conduct of inquiry into suspected breach of obligations or medical recovery
170 Revocation of parole order
171 Effect of revocation order
172 Request by State to revoke parole order
Division 4 Post-revocation procedures and rights of appeal
173 Notice of revocation
174 Review of revocation
175 Decision after review
Division 5 Applications to Court of Criminal Appeal
176 Application to Court of Criminal Appeal by offender
177 Application to Court of Criminal Appeal by State
178 Appearance in person of offender
179 Consequential revocation of other orders
179A Revocation of first of consecutive home detention orders—Parole Board to seek new assessment
180 Offenders to attend Parole Board when called on
181 Warrants committing offenders to correctional centres
182 Functions may be exercised after order has expired
Division 1 Constitution and functions
183 Constitution of Parole Board
184 Divisions of Parole Board
185 Functions of Parole Board
186 Power to require attendance of witnesses and production of documents
187 Examination by judicial member
188 Offences
189 Misconduct before Parole Board
190 Rights of parties making submissions
191 Witnesses’ expenses
192 Report to Minister
192A Minister to table report
193 Information concerning offenders and correctional centres
194 Security of certain information
Part 9 The Serious Offenders Review Council
Division 1 Constitution and functions
195 Constitution of Review Council
196 Divisions of Review Council
197 Functions of Review Council
198 Matters to be considered in relation to certain advisory functions
199 Matters to be considered in relation to offenders serving existing life sentences
200 Power to require attendance of witnesses and production of documents
201 Examination by judicial member
202 Offences
203 Misconduct before Review Council
204 Rights of parties making submissions
205 Witnesses’ expenses
Division 3 Serious Offenders Management Committee
206 Establishment of Management Committee
207 Establishment of Management Committee subcommittees
208 Delegation to Management Committee of Review Council functions
209 Annual reports
209A Security of certain information
Division 1 Appointment of Inspector-General and staff
210 Inspector-General
211 Staff
Division 2 Functions of Inspector-General
212 Definitions
213 Principal functions of Inspector-General
214 Limitations on Inspector-General’s functions
215 Powers of Inspector-General
216 Discretion of Inspector-General to investigate complaints
Division 3 Relationship of Inspector-General with other agencies
217 Relationship with Ombudsman regarding investigations
218 Relationship with ICAC regarding investigations
219 Functions of Inspector-General under Protected Disclosures Act 1994
220 Reports of Inspector-General
221 Obstruction of Inspector-General
222 Review of Part
223 Expiration of position of Inspector-General
Division 1 Correctional complexes, correctional centres and periodic detention centres
224 Correctional complexes
225 Correctional centres
225A Juvenile correctional centres
226 Periodic detention centres
Division 2 Supervision of correctional centres
227 Visiting Magistrates
228 Official Visitors
229 Powers of Judges and Magistrates to visit and examine
230 Special inquiries
231 Staff generally
232 Commissioner
233 Governors of correctional centres
234 Commissioned and non-commissioned correctional officers
235 Functions of correctional officers
235A Acquisition or use of assumed identity
235B Commissioner’s instructions
235C Transitional centre officers
235D Functions of periodic detention field officers
236 Oath to be taken by correctional officers
236A Functions of Corrections Health Service
236B CEO, Corrections Health Service to have access to centres
236C Appointment of medical officers
236D Delegation of functions of CEO, Corrections Health Service
Division 5 Testing of correctional staff for alcohol and prohibited drugs
236E Definitions
236F Testing of staff for alcohol and prohibited drugs
236G Testing where member of correctional staff attends hospital
236H Protection from liability
236I Regulations
Division 6 Recognised interstate correctional officers
236J Appointment of recognised interstate correctional officers
236K Recognised interstate correctional officer to have correctional officer functions
Part 12 Engagement of contractors
237 Purpose for which contractors may be engaged
238 Management agreements
239 Submanagement agreements
240 Authorisation of correctional centre staff
241 Status of staff at correctional centre managed under agreement
242 Monitoring
243 Community advisory councils
244 Corrections Health Service
245 Investigation of corruption
246 Administrative complaints
247 Freedom of information
248 Minimum standards
Part 13 Custody of persons during proceedings
249 Definitions
250 Transport and detention of persons in custody
251 Designated officer
252 Places where persons in custody may be kept during transfer
252A Correctional officers may provide assistance
253 Part subject to Children (Detention Centres) Act 1987
254 Extension of sentence following unlawful absence from custody
255 Effect of extension of sentence
256 Victims Register
257 Disclosure of information
258 Supreme Court to review list of persons on remand who are in custody
259 Service of notices
260 Evidentiary certificates
261 Address of warrant
262 Effect of certain warrants
263 Exclusion of personal liability
264 Wearing or possession of correctional officer uniform by others
265 Impersonating correctional officer
266 Proceedings for offences
267 Research
268 Funds payable to certain organisations
269 Sheriff’s functions preserved
270 Prerogative of mercy preserved
271 Regulations
272 Savings, transitional and other provisions
273 Review of Act
Schedule 2 Serious Offenders Review Council