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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Repealed version for 11 April 2014 to 31 August 2014 (accessed 10 April 2020 at 10:19)
Chapter 2 Part 2.4
Part 2.4 Visits and communications
Division 1 Visits to inmates
70   Visits generally
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.
71   Visiting hours
(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.
72   Number of visits
(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.
(2A)  However, an extreme high risk restricted inmate may be visited once a week only, or more often if the Commissioner so 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.
73   Maximum number of visitors
(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.
74   Visits by Commissioner and other officials
(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).
75   Inmates may refuse visits
An inmate may refuse to receive a visitor, other than a government official engaged on official duties.
76   Inmates confined to cell not entitled to visits
(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).
77   Record of visits
(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
78   Visits to transact legal business
In addition to any other visit authorised by this Regulation, an inmate is entitled to be visited by the inmate’s legal practitioner.
79   Visits to foreign nationals
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.
80   Visits to Aboriginal persons
(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.
81   Prior appointment necessary
A prior appointment for a visit under this Division must be made with the general manager.
82   Time, duration and number of visits
(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
83   Permit for visits
(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.
84   Cancellation of permits
The Commissioner may cancel a visitor’s permit at any time.
85   Return of expired or cancelled permits
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.
86   Preliminary requirements for visits
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.
87   Restrictions on holders of visitors’ permits
(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
88   Application of Division
This Division applies to all visits under Division 1, 2 or 3.
89   Proof of identity of visitor and purpose of visit may be required
(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.
(2A)  An authorised officer may require a visitor to remove any face covering worn by the visitor so as to enable the visitor’s face to be seen by the officer or another authorised officer or person assisting in following the procedures set out in subclause (2B).
(2B)  An authorised officer who requires a visitor to remove a face covering under subclause (2A) must, as far as is reasonably practicable, ensure that the following procedures are followed:
(a)  the authorised officer must ask for the visitor’s co-operation,
(b)  the viewing of the visitor’s face must be conducted:
(i)  in a way that provides reasonable privacy for the visitor if the visitor requests privacy, and
(ii)  as quickly as is reasonably practicable,
(c)  the viewing of the face of a child under 12 years of age may only be conducted if a responsible person for the child is present during the viewing,
(d)  if the visitor is 12 years old or older and requests it—the viewing of the visitor’s face is to be conducted by an authorised officer of the same sex as the visitor or, if an authorised officer of that sex is unavailable, by another person of that sex at the direction of an authorised officer,
(e)  if the visitor is a child under 12 years old and the responsible person for the child requests it—the viewing of the child’s face is to be conducted by a female authorised officer or, if a female authorised officer is unavailable, by another female person at the direction of an authorised officer.
(2C)  It is sufficient compliance with a requirement made under subclause (2A) if only so much of the face covering as prevents the visitor’s face from being seen is removed.
(2D)  An authorised officer may not require a visitor to remove a face covering under subclause (2A) if the visitor establishes, to the officer’s satisfaction, that the visitor has a special justification for not removing the face covering.
Note.
 A special justification includes having a legitimate medical reason for not removing the face covering.
(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) or (2A).
(4)  In this clause:
face and face covering have the same meanings as they have in the Law Enforcement (Powers and Responsibilities) Act 2002.
responsible person for a child has the same meaning as it has in section 10 of the Court Security Act 2005.
special justification has the same meaning as it has in section 19B of the Law Enforcement (Powers and Responsibilities) Act 2002.
89A   Approval of visitors to extreme high risk restricted inmates
(1)  A person may visit an extreme high risk restricted inmate only if the person has been approved by the Commissioner as a visitor to that inmate.
(2)  The Commissioner may require a visitor to undergo a criminal record check before approving the person as a visitor to an extreme high risk restricted inmate.
(3)  The Commissioner may refuse to approve a person as a visitor to an extreme high risk restricted inmate (on the basis of a criminal record check or for any other reason).
(4)  The Commissioner may revoke an approval of a person as a visitor to an extreme high risk restricted inmate at any time.
(5)  The Commissioner may authorise a departure from the requirements of this clause in respect of a particular visitor or a particular visit.
(6)  This clause does not limit the general power of a general manager to refuse to allow a person to visit an inmate under clause 100.
90   Searching of visitors
(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.
91   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.
92   Smoking by visitors in non-smoking areas prohibited
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.
93   Unauthorised use of cameras or recording equipment
(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, or delete any digital 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.
94   Delivery of articles to and from visitors
(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.
Maximum penalty (for an offence committed by a visitor): 1 penalty unit.
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.
95   Prevention of physical contact with inmates
(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)–(3), a visit to a Category AA male inmate, Category 5 female inmate or an extreme high risk restricted inmate may not be a contact visit unless the Commissioner so approves.
95A   Visits to extreme high risk restricted inmates to be conducted in English or approved language
(1)  During a visit to an extreme high risk restricted inmate, all communications must be conducted in English or another language approved by the Commissioner.
(2)  If communications are conducted in a language other than English, the visit must take place within the hearing of an interpreter approved by the Commissioner.
(3)  In any case, a visit to an extreme high risk restricted inmate must take place within the hearing of a correctional officer.
(4)  The Commissioner may authorise a departure from the requirements of this clause in respect of a particular visitor or a particular visit.
96   Visits to be within sight of correctional officer
(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.
97   Special arrangements for legal documents
(1)  An authorised officer may inspect or examine, but not read, any document or other recorded material (including information recorded in electronic form) that is 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 any such document or other recorded material that is taken into the centre for the purpose of discussing or transacting legal business.
(3)  Nothing in this clause limits the operation of clause 95.
98   Termination of visits
(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
99   Application of Division
This Division applies to all visits under Division 1, 2 or 3.
100   General power of general manager or correctional officer to prevent visits
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.
101   Visitors under the influence of alcohol or drugs
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.
102   Commissioner may bar persons from visiting correctional centres
(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.
(2)  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.
(3)  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.
(4)  Despite the direction, the Commissioner may permit the person to whom the direction applies to visit a particular correctional centre or particular inmate.
(5)  Permission given under subclause (4) may be given subject to any condition that the Commissioner considers appropriate.
(6)  Without limiting subclause (5), 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.
103   Unauthorised persons not to be admitted to correctional centres
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
104   Correspondence generally
(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.
105   Certain articles prohibited
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.
106   Opening of letters and parcels generally
(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 108 applies.
107   Certain correspondence privileged
(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.
(2)–(4)    (Repealed)
(5)  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.
(6)  Subclause (5) 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.
(7)  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.
(8)  This clause does not apply to any letter or parcel to which clause 108 applies.
107A   Certain correspondence not to be sent to exempt bodies and exempt persons
(1)  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.
(2)  A letter or parcel from an inmate the subject of a notice under this clause may be confiscated (despite any other provision of this Regulation) and dealt with in accordance with the directions of the Commissioner.
(3)  An inmate need not be informed of any action taken under this clause.
108   Correspondence with Category AA male inmates, Category 5 female inmates and extreme high risk restricted inmates
(1) General rule regarding correspondence The general manager of a correctional centre or a nominated officer must, subject to this clause, open and inspect, and read and copy the contents of, any letter or parcel that is:
(a)  sent by a Category AA male inmate, a Category 5 female inmate or an extreme high risk restricted inmate to any person or body, or
(b)  sent to a Category AA male inmate, a Category 5 female inmate or an extreme high risk restricted inmate by any person or body.
(2) Correspondence to exempt bodies As soon as practicable after receiving a letter or parcel from a Category AA male inmate, a Category 5 female inmate or an extreme high risk restricted inmate addressed to an exempt body, a nominated officer must post the letter or parcel to the addressee, without opening, inspecting or reading its contents.
(3) Correspondence from exempt bodies As soon as practicable after receiving from an exempt body a letter or parcel addressed to a Category AA male inmate, a Category 5 female inmate or an extreme high risk restricted inmate, a nominated officer must deliver the letter or parcel to the inmate without opening, inspecting or reading its contents, but only if:
(a)  the letter or parcel is accompanied by a note addressed to the general manager:
(i)  requesting that it be delivered to the inmate without being opened, inspected or read by any person other than the inmate, and
(ii)  declaring that it does not contain any prohibited goods, and
(iii)  including the name and contact details of a person who can be contacted to confirm that the letter or parcel was in fact sent by the exempt body, 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.
(4) Correspondence from legal practitioners As soon as practicable after receiving a letter or parcel addressed to a Category AA male inmate, a Category 5 female inmate or an extreme high risk restricted inmate from a legal practitioner, a nominated officer must deliver the letter or parcel to the inmate without opening, inspecting or reading its contents, but only if:
(a)  the letter or parcel is accompanied by a note addressed to the general manager:
(i)  requesting that it be delivered to the inmate without being opened, inspected or read by any person other than the inmate, and
(ii)  declaring that it does not contain any prohibited goods, and
(iii)  claiming that the contents relate to the inmate’s affairs and are legally privileged, and
(iv)  including the name and contact details of a person who can be contacted to confirm that the letter or parcel was in fact sent by the legal practitioner, and
(b)  a nominated officer has confirmed with the legal practitioner that the practitioner has in fact sent it and addressed it to the inmate.
(5)  A nominated officer may require a Category AA male inmate, a Category 5 female inmate or an extreme high risk restricted inmate to open any letter or parcel from an exempt body or legal practitioner in the presence of the nominated officer, if of the opinion that it may contain prohibited goods or contravene this Regulation.
(6)  If a letter or parcel opened by, or in the presence of, the general manager or a nominated officer contains prohibited goods or contravenes this Regulation, the general manager or nominated officer must confiscate the letter or parcel and its contents and deal with it in accordance with the directions of the Commissioner.
(7)  The Commissioner may, on the application of an exempt person, make an order declaring that any specified provision of this Regulation is to apply (either unconditionally or subject to conditions) to letters and parcels sent to or by that person as if that person were an exempt body and, on the making of such an order, the provision so applies.
(8)  An inmate need not be informed of any action taken under this clause.
(9)  This clause applies to fax transmissions in the same way as it applies to letters and parcels.
108A   Additional requirements for correspondence from extreme high risk restricted inmates
(1)  All correspondence from an extreme high risk restricted inmate to any other person (other than an exempt body) must be written in English or another language approved by the Commissioner, unless the Commissioner otherwise authorises.
(2)  If a letter or parcel received from an extreme high risk restricted inmate and addressed to any person (other than an exempt body) contains any correspondence that is written in a language other than English, the general manager or nominated officer may arrange for a translation of the correspondence.
108B   Register of correspondence with Category AA male inmates, Category 5 female inmates and extreme high risk restricted inmates
(1)  A register must be kept for each correctional centre with respect to correspondence sent to and by a Category AA male inmate, a Category 5 female inmate or an extreme high risk restricted inmate.
(2)  A nominated officer must cause the following to be recorded in the register:
(a)  in the case of a letter or parcel received from an inmate to be sent to any person or body:
(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 or body to whom it was addressed,
(iv)  the name of the nominated officer by whom it was dealt with,
(v)  whether the correspondence was translated,
(vi)  particulars of any further action taken with respect to the letter or parcel and its contents, including particulars of any confiscation or disposal of any of its contents,
(vii)  any other incidental particulars,
(b)  in the case of a letter or parcel received from any person or body to be delivered to an inmate:
(i)  the date on which it was received,
(ii)  the name of the person or body 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)  particulars of any further action taken with respect to the letter or parcel and its contents, including particulars of any confiscation or disposal of any of its contents,
(vi)  in the case of a letter or parcel received from an exempt body or legal practitioner, the date on which a nominated officer confirmed with the exempt body or legal practitioner that it did in fact send the letter or parcel and address it to the inmate,
(vii)  any other incidental particulars.
(3)  A Category AA male inmate, a Category 5 female inmate or an extreme high risk restricted inmate who receives a letter or parcel must sign the register to acknowledge receipt of any such letter or parcel.
109   Correspondence with legal practitioners
Subject to clauses 108 and 108A, this Regulation is not to be construed so as to limit correspondence between an inmate and the inmate’s legal practitioner in respect of any matters affecting the inmate’s trial, conviction or imprisonment.
Division 7 Use of telephones and fax machines by inmates
110   Permission required to make telephone calls or send faxes
(1)  An inmate must not make a telephone call or send a fax without the permission of an authorised officer.
(2)  An inmate must not make more telephone calls or send more faxes 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 fax 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 fax communication if of the opinion that:
(a)  the continuation of the call or communication will, or is likely to:
(i)  prejudice good order and security of any correctional centre, or
(ii)  constitute a threat to the personal security of any person, or
(b)  the call or communication is being conducted in contravention of this Regulation.
(5)  As soon as practicable after terminating an inmate’s telephone call or fax communication, a correctional officer must cause details of the reason for the termination to be recorded and reported to the general manager.
(6)  All telephone calls made by an extreme high risk restricted inmate must be conducted in English or another language approved by the Commissioner, unless the telephone call is made to an exempt body or unless the Commissioner otherwise authorises.
Note.
 Failure by an inmate to comply with the requirements of this clause is a correctional centre offence.
111   Cost of telephone calls and faxes
(1)  The cost of a telephone call made by an inmate (including the telephone component of the cost of sending a fax) 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 Corrective Services NSW, 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 fax 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.
112   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.
113   Use or possession of mobile phones
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
(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
(1)  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.
(2)  This clause does not apply to any money sent to an extreme high risk restricted inmate or delivered to the general manager of a correctional centre for payment into the inmate’s account.
115A   Extreme high risk restricted inmates not to receive money
(1)  It is unlawful for an extreme high risk restricted inmate to acquire or retain possession of money (including any money paid or proposed to be paid into the inmate’s account).
(2)  The general manager of a correctional centre may seize any money sent to an extreme high risk restricted inmate or delivered to the general manager of a correctional centre for payment into the inmate’s account.
(3)  The money is to be returned to, or made available for collection by, the sender or giver.
(4)  If the sender or giver cannot be located after reasonable inquiries, or does not collect the money within 30 days of being notified of its availability for collection, the Commissioner may confiscate the money.
(5)  Any money so confiscated becomes the property of the State, to be disposed of as the Commissioner directs.
(6)  The general manager of a correctional centre must cause a record to be kept of all money dealt with under this clause.
(7)  Such a record must contain the following information:
(a)  the amount of money,
(b)  the date on which the money was received,
(c)  whether the money was returned to the sender or giver or confiscated by the Commissioner,
(d)  if the money was returned to the sender or giver:
(i)  the date on which it was sent to or collected by the sender or giver, and
(ii)  the name and address of the person to whom it was sent or the name, address and signature of the person by whom it was collected,
(e)  if the money was confiscated by the Commissioner, the date on which it was confiscated,
(f)  any other incidental particulars.
(8)  This clause does not prevent payments being made into an inmate’s account under section 7 of the Act.
116   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.