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Contents (2008 - 376)
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Crimes (Administration of Sentences) Regulation 2008
Repealed version for 11 April 2014 to 31 August 2014 (accessed 6 April 2020 at 16:11)
Chapter 2 Part 2.2 Division 1
Division 1 Placement of inmates
12   Placement of inmates
(1)  In making a determination as to the correctional centre in which an inmate is to be placed, the Commissioner is to have regard to the following matters:
(a)  the inmate’s classification,
(b)  if available, the sentencing court’s comments in relation to the inmate,
(c)  any assessment that has been made as to the inmate’s physical or mental health,
(d)  the provision of health care services to the inmate,
(e)  whether or not the inmate is likely to be removed from Australia,
(f)  the inmate’s criminal history and history of behaviour during any previous period of imprisonment,
(g)  the inmate’s history of behaviour while subject to supervision otherwise than as an inmate pursuant to any conditions of bail or parole or any other conditions imposed by a court order (including an extended supervision order under the Crimes (High Risk Offenders) Act 2006),
(h)  any assessment that has been made (whether by officers of Corrective Services NSW 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)  any factors contributing to the inmate’s criminal behaviour, and
(iv)  the likelihood of the inmate committing further offences, whether of the same or of a different kind,
(i)  the need to protect the community,
(j)  the availability of resources and appropriate programs and services at the correctional centre at which the inmate is to be held.
(2)  Subclause (1) does not limit the matters that the Commissioner may have regard to in making a determination as to an inmate’s placement in a correctional centre.
(3)  An inmate’s placement in a correctional centre is to be reviewed at least once every 12 months and at such other times as the Commissioner may determine.
12A   General manager’s report as to inmates’ placement
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, extreme high security or extreme high risk restricted designation, to the Review Council,
setting out the reasons why the inmate should not be placed, or continue to be placed, in the centre.
12B   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, extreme high security or extreme high risk restricted designation.
(2)  The Review Council may furnish to the Commissioner such submissions with respect to any such report as it considers appropriate.
12C   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, and
(b)  in the case of an inmate who is a serious offender or an inmate who has a high security, extreme high security or extreme high risk restricted designation—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, extreme high security or extreme high risk restricted 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).