Introductory note
1 Name of Act
2 Commencement
2A Objects of Act
3 Interpretation
Part 2 Imprisonment by way of full-time detention
Introductory note
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 Full-time detainees received from Australian Capital Territory
42 Definitions
43 Application of Division
44 Conveyance and detention of full-time detainees from ACT
45 Return of full-time detainees 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 general manager
53 Penalties general manager 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 use or 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 general manager 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
76A Inmates’ money
77 Attendance of inmates before courts and court officers
78 Use of dogs in maintaining good order and security
78A Separation and other variations in conditions of custody of inmates
79 Regulations
Part 3 Imprisonment by way of intensive correction in the community
Introductory note
80 Definition
81 Conditions governing intensive correction orders
82 Obligations of offender
83 Duration of intensive correction order
Division 2 Permission for non-compliance with work or reporting requirements
84 Definition
85 Permission for non-compliance with work, reporting and other requirements
86 Direction to make up for work etc avoided
87 Review of Commissioner’s decision
Division 3 Breach of intensive correction order
88 Definition
89 Commissioner powers to deal with breach of ICO
90 Parole Authority powers to deal with breach
91 Interim suspension of ICO
92 ICO Management Committee
93 Regulations
94–101 (Repealed)
Part 4 Imprisonment by way of home detention
Introductory note
102 Definition
103 Conditions governing home detention
104 Obligations of offender
105 Duration of home detention order
106 Regulations
Part 4A Imprisonment by way of compulsory drug treatment detention
Introductory note
106A Definitions
106B Objects of compulsory drug treatment
106C Obligations of offender
106D Stages of compulsory drug treatment detention
106E Duration of compulsory drug treatment order
Division 2 Administration of compulsory drug treatment orders
Subdivision 1 Compulsory drug treatment personal plans
106F Compulsory drug treatment personal plans
106G Variation of conditions of personal plan
106H Mandatory conditions of all personal plans
106I Sanctions for non-compliance with personal plan
106J Rewards for compliance with personal plan
106K No appeal from decisions of Drug Court or Commissioner
Subdivision 2 Initial allocation and movement between stages of compulsory drug treatment detention
106L New offenders in compulsory drug treatment detention allocated to Stage 1
106M Progression and regression between stages of detention
106N Assessment reports
106O Community supervision orders
106P Commissioner of Corrective Services may make regression and removal orders in special circumstances
Division 3 Revocation of compulsory drug treatment order
106Q Revocation of compulsory drug treatment order
106R Effect of revocation order
106S Warrants committing offenders to correctional centres
Division 4 Parole for offenders in compulsory drug treatment detention
106T Drug Court is parole authority for offenders in compulsory drug treatment detention
106U Formal assessment by Director
106V Application of Part 2 to Stages 1 and 2 compulsory drug treatment detention
106W Conviction and sentencing of offenders for old offences while compulsory drug treatment order is in force
106X Arrest warrants
106Y Provision of information relating to offenders
106Z Review of Compulsory Drug Treatment Correctional Centre
106ZA Regulations
Part 5 Community service work and other work performed by offenders
Introductory note
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
Introductory note
125 Application of Part
126 Eligibility for release on parole
127 Parole order necessary for release
128 Conditions of parole generally
128A Conditions of parole as to non-association and place restriction
128B Conditions of parole as to lifetime supervision
129 Obligations of offender
130 Revocation of parole order before release
131 Release under parole order
131A (Repealed)
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 Authority
135A Preparation of reports by Probation and Parole Service
Subdivision 2 Offenders other than serious offenders
136 Application of Subdivision
137 Consideration of parole when offender first eligible for parole
137A Consideration of parole in subsequent years
137B Consideration of parole so as to avoid manifest injustice
137C Parole Authority may examine offender
138 Release of offender on parole
139 Notice to offender of decision to refuse parole
140 Conduct of hearing
141 Decision following review
141A Submissions by Commissioner
Subdivision 3 Serious offenders
142 Application of Subdivision
143 Consideration of parole when serious offender first eligible for parole
143A Consideration of parole in subsequent years
143B Consideration of parole so as to avoid manifest injustice
143C Parole Authority may examine serious offender
144 Formulation of Parole Authority’s initial intention
145 Notice to victims of intention to grant parole
146 Notice to serious offender of intention to refuse parole
147 Conduct of hearing
148 Principles on which Parole Authority’s final decision to be made
149 Decision following review
150 Decision where no review
151 Release of serious offender on parole
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 Supreme Court
155 Application to Supreme Court by offender
156 Application to Supreme Court 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 Authority
Division 4 Parole orders in exceptional circumstances
160 Parole orders in exceptional circumstances
160AA Submissions by Commissioner
Division 4A Parole orders for prisoners received from Norfolk Island
160AB Definitions
160AC Parole orders for prisoners from Norfolk Island
160A Relationship of parole orders to high risk offender orders
161 Regulations
Part 7 Revocation and reinstatement by Parole Authority of certain orders
Introductory note
Division 1 Intensive correction orders
162 Conduct of inquiry into suspected breach of obligations
163 Revocation of intensive correction order
164 Effect of revocation order
164A (Repealed)
165 Parole Authority may reinstate revoked intensive correction order
165AA (Repealed)
165A Parole Authority may order home detention
165B Release of offender pending assessment for home detention
165C 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 Authority may reinstate revoked home detention order or prior revoked intensive correction 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
172A Interim suspension of parole order
Division 4 Post-revocation procedures and rights of appeal
173 Notice of revocation
174 Review of revocation
175 Decision after review
175A Review not available in certain circumstances
Division 5 Applications to Supreme Court
176 Application to Supreme Court by offender
177 Application to Supreme Court by State
178 Appearance in person of offender
179 Consequential revocation of other orders
179A Revocation of first of consecutive home detention orders—Parole Authority to seek new assessment
179B Revocation of consecutive intensive correction orders
180 Offenders to attend Parole Authority when called on
181 Warrants committing offenders to correctional centres
182 Functions may be exercised after order has expired
Introductory note
Division 1 Constitution and functions
183 Constitution of Parole Authority
184 Divisions of Parole Authority
185 Functions of Parole Authority
185A Establishment of guidelines
186 Power to require attendance of witnesses and production of documents
187 Examination by judicial member
188 Offences
189 Misconduct before Parole Authority
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
193A Access to documents held by Parole Authority
193B Recommendations to Commissioner
193C Parole Authority decisions
194 Security of certain information
Part 9 The Serious Offenders Review Council
Introductory note
Division 1 Constitution and functions
195 Constitution of Review Council
196 Divisions of Review Council
197 Functions of Review Council
197A Review Council constituted by Chairperson alone in certain circumstances
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
210–223(Repealed)
Introductory note
Division 1 Correctional complexes and correctional centres
224 Correctional complexes
225 Correctional centres
225A Juvenile correctional centres
226 (Repealed)
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 General managers 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 (Repealed)
235E Functions of community offender services field officers
235F (Repealed)
235G Functions of Departmental compliance and monitoring officers
236 Oath to be taken by correctional officers
236A Functions of Justice Health
236B CEO, Justice Health, to have access to correctional centres, offenders and medical records
236C Appointment of medical officers
236D Delegation of functions of CEO, Justice Health
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
Division 7 Residential facilities
236L Residential facilities
236M Accommodation of offenders in residential facilities
236N Managers of residential facilities
236O Residential facility officers
Part 12 Engagement of contractors
Introductory note
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 CEO, Justice Health, to have access to correctional centres, offenders and medical records
245 Investigation of corruption
246 Administrative complaints
247 Application of Government Information (Public Access) Act 2009
248 Minimum standards
Part 13 Custody of persons during proceedings
Introductory note
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
Introductory note
254 Extension of sentence following unlawful absence from custody
255 Effect of extension of sentence
255A Approvals for the purposes of the Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth
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
271A Regulations relating to high risk violent offenders under the Crimes (High Risk Offenders) Act 2006
272 Savings, transitional and other provisions
273 Review of Act
Schedule 2 Serious Offenders Review Council
Schedule 3 Intensive Correction Orders Management Committee