Part 1 Preliminary
1 Name of Regulation
This Regulation is the Crimes (Administration of Sentences) (Correctional Centre Routine) Regulation 1995.cl 1: Subst 14.5.1999. Am 31.3.2000.
2 Commencement
This Regulation commences on 1 September 1995.
3 Definitions
(1) In this Regulation:appellant means a convicted inmate:(a) who has appealed against conviction or sentence and whose appeal has not yet been determined, and(b) who is being held in custody because of that conviction or sentence and for no other reason., in relation to a function of the governor of a correctional centre, means a correctional officer authorised by the governor to exercise the function.barrister means a barrister who:(a) is the holder of a current practising certificate issued under the Legal Profession Act 1987 and is practising in New South Wales, or(b) is qualified to practise, and is practising, in another State or in a Territory and is entitled to a right of audience in a court in New South Wales.civil inmate means an inmate who is being held in custody or imprisoned otherwise than because of a criminal offence.Department means the Department of Corrective Services.drug means:(a) a prohibited drug or prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985, or(b) any of the following:(i) phenothiazines,(ii) tricyclic antidepressants,(iii) codeine,(iv) pseudoephedrine,(v) carbamazepine,(vi) benzodiazepines,(vii) antihistamines, or(c) any salt, isomer, ester or ether of a prohibited drug referred to in paragraph (a) or of anything referred to in paragraph (b), or(d) any salt of such an isomer, ester or ether.long-term inmate means a person:(a) who is serving a life sentence, or(b) who is a forensic patient (within the meaning of the Mental Health Act 1990) detained in a correctional centre, or(c) who is serving a sentence or sentences that require the person to be imprisoned for 12 months or more, being a person who (after considering the likelihood of the person’s being released before completing the sentence or sentences and any other matter it considers relevant) the Case Management Committee has reasonable cause to believe will be required to serve not less than 12 months in custody.non-smoking area means a non-smoking area designated under clause 56A of the Crimes (Administration of Sentences) (Correctional Centre Administration) Regulation 1995.open institution means any correctional centre or part of a correctional centre designated as such by the Commissioner.periodic detainee has the same meaning as offender has in Part 3 of the Act.principal security officer means a person appointed by the Commissioner to be the principal security officer for the purposes of this Regulation.short-term inmate means a convicted inmate who is not a long-term inmate.solicitor means a solicitor who:(a) is the holder of a current practising certificate issued under the Legal Profession Act 1987 and is practising in New South Wales, or(b) is qualified to practise, and is practising, in another State or in a Territory and is entitled to a right of audience in a court in New South Wales.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.(2) For the purposes of paragraph (b) of the definition of drug in section 25 (7) of the Act, the drugs prescribed are those referred to in paragraphs (b)–(d) of the definition of drug in subclause (1).cl 3: Am 20.9.1996; 14.5.1999; 1999 No 94, Sch 4.95; 31.3.2000; 16.2.2001.
4 (Repealed)
cl 4: Rep 31.3.2000.
Part 2 Separation and classification of inmates
pt 2, hdg: Subst 14.5.1999.
Division 1 Separation of inmates
pt 2, div 1, hdg: Subst 14.5.1999.
5 Accommodation
(1) Each inmate must, at night, be housed in and occupy a cell, room or hut 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 (either in a single cell, room or hut or in dormitory type accommodation) must be carefully selected.(3) Each inmate must be provided with:(a) a separate bed, and(b) sufficient clean bedding to suit the climatic conditions.cll 5–7: Am 14.5.1999.
6 Inmates not to enter other accommodation
An inmate must not enter a cell, room or hut that has not been allocated by the governor of the correctional centre or a correctional officer for use by the inmate unless the inmate does so:(a) with the permission of the governor or a correctional officer, or(b) in compliance with a direction given by the governor or a correctional officer.cll 5–7: Am 14.5.1999.
7 Separation of sexes
Female inmates must be kept separate from male inmates except in such circumstances and under such supervision as the Commissioner determines.cll 5–7: Am 14.5.1999.
8 Separation of different classes of inmates
(1) For the purposes of this clause, each inmate is to be included in one of the following classes:(a) unconvicted inmate,(b) appellant,(c) civil inmate,(d) convicted inmate.(2) As far as practicable inmates of any class are to be separated from inmates of any other class.(3) The Commissioner may direct the separation, within a class:(a) of inmates who have previously been imprisoned from those who have not, and(b) of inmates the Commissioner considers would be at risk if not separated from other inmates, and(c) of inmates who are detained in a correctional centre for failure to pay a fine, penalty, costs or other amount from those detained in a correctional centre for any other reason.cl 8: Am 14.5.1999; 31.3.2000.
9 Separation for health reasons
An inmate who is found or suspected to be suffering from an infectious or contagious disease, or to be in a verminous condition, may be kept separate from other inmates not so suffering or not in that condition.cl 9: Am 14.5.1999.
Division 2 Classification of inmates for the purposes of security and development programs
pt 2, div 2, hdg: Subst 14.5.1999.
10 Classification of inmates
(1) Each male inmate must, for the purposes of security and developmental programs, be classified by the Commissioner in one of the following categories:
11 Classification of escaped inmates
(1) An inmate who has committed an escape offence in New South Wales or elsewhere must, for the purposes of security and developmental programs, be classified by the Commissioner in one of the following categories:
11A High security classification of inmates for purposes of interstate leave permits
(1) For the purposes of section 29 of the Act, male inmates classified in Category A1, A2 or B under clause 10 (1), or in Category E1 or E2 under clause 11, are prescribed as a class of male inmates having a high security classification.(2) For the purposes of section 29 of the Act, female inmates classified in Category 4 under clause 10 (1A), or in Category E1 or E2 under clause 11, are prescribed as a class of female inmates having a high security classification.cl 11A: Ins 4.7.1997. Am 31.3.2000.
12 Case Management Committee
(1) There is to be a Case Management Committee whose members are appointed by the Commissioner and which is to be comprised of:(a) one of the following:(i) the Director, Inmate Classification and Placement,(ii) a Manager, Inmate Classification and Placement,(iii) a Deputy Manager, Inmate Classification and Placement, and(b) an industrial officer, and(c) a programs officer, and(d) a psychologist, andor such other persons, if any, in substitution for, or in addition to, the persons referred to in paragraphs (b)–(e) as the Commissioner determines.(e) a parole officer,(2) The quorum for a meeting of the Committee is 3 members who must include a member referred to in subclause (1) (a).(3) At a meeting of the Committee, the member referred to in subclause (1) (a) is to preside.(4) A decision of the Committee is not valid unless supported by a majority of the votes of the members present and voting at a meeting of the Committee, which majority must include the vote of the presiding member.
13 Reception Committees
(1) There is to be a Reception Committee at each correctional centre at which inmates are initially received after sentencing or for the purpose of their being held in custody otherwise than because of a sentence.(2) A Reception Committee is to be comprised of such persons as the Commissioner determines.cll 13–20: Am 14.5.1999.
14 Recommendation of classification: long-term inmates
(1) On reception of a long-term inmate, the Case Management Committee is to make a detailed personal assessment of the inmate and a recommendation to the Commissioner on:(a) the inmate’s classification and placement, and(b) an interim or provisional developmental program for the inmate pending a review by the Review Council.(2) The Review Council is to conduct periodic reviews of the classification of inmates who are serious offenders at such intervals as it considers appropriate and may recommend a variation of classification as a result of any such review or at any other time it thinks fit.(3) The Case Management Committee may not recommend variation of the classification of an inmate who is a serious offender.cll 13–20: Am 14.5.1999.
15 Recommendation of classification: other inmates
(1) When a short-term inmate, an unconvicted inmate, an appellant or a civil inmate who has not previously been classified under this Division is initially received into a correctional centre, the Reception Committee at the correctional centre is to make a personal assessment of the inmate and a recommendation to the Commissioner on:(a) the inmate’s classification and placement, and(b) a developmental program for the inmate.(2) If a short-term inmate, an unconvicted inmate, an appellant or a civil inmate who has not previously been classified under this Division is received into a correctional centre that does not have a Reception Committee, the governor of the correctional centre or the deputy governor is to make a personal assessment of the inmate and a recommendation to the Commissioner on:(a) the inmate’s classification and placement, and(b) a developmental program for the inmate.(3) A copy of a recommendation sent to the Commissioner must be sent to the Case Management Committee for review.(4) If, on review by the Case Management Committee, it appears to the Committee that a different classification or placement of an inmate is appropriate, the Committee may make a recommendation to that effect to the Commissioner.cll 13–20: Am 14.5.1999.
16 Assessment and recommendation to be carried out expeditiously
(1) An assessment and recommendation by a Reception Committee or the Case Management Committee must be completed as expeditiously as possible.(2) All reasonable steps must be taken to complete an assessment and recommendation within 2 months after the inmate’s reception.cll 13–20: Am 14.5.1999.
17 Program Review Committee
(1) There is to be a Program Review Committee at each correctional centre.(2) A Program Review Committee is to be comprised of such persons as the Commissioner determines.(3) The Program Review Committee of a correctional centre must, in respect of an inmate (other than an inmate who is a serious offender):(a) review the developmental program recommended for the inmate within 14 days of (or if that is not possible as soon as practicable after) reception of the inmate into the correctional centre (whether or not because of a transfer from another correctional centre), and(b) if the inmate is a long-term inmate, review the classification, placement and developmental program of the inmate at least once each 6 months.(4) The Program Review Committee must send a report and recommendation in respect of those matters to the Case Management Committee for review.cll 13–20: Am 14.5.1999.
18 Review of Program Review Committee recommendation
(1) If the Case Management Committee proposes to reject a recommendation of a Program Review Committee, it must:(a) notify the Program Review Committee and give its reasons for the proposed rejection, and(b) give the Program Review Committee an opportunity to supply further reasons or arguments.(2) The Program Review Committee must discuss the matter with the inmate concerned.(3) The Case Management Committee must notify the Program Review Committee if it rejects the recommendation and give its reasons as fully as is practicable.(4) If the Case Management Committee considers that a change in an inmate’s classification, placement or developmental program is appropriate, the Committee may send a recommendation to that effect to the Commissioner.cll 13–20: Am 14.5.1999.
19 Governor’s report
The governor of a correctional centre who considers that:(a) an inmate in the correctional centre, oris unsuitable for placement or for continued placement in the correctional centre must send to the Case Management Committee (or, in the case of an inmate who is a serious offender, to the Review Council) a report setting out the reasons why the inmate should be placed elsewhere.(b) an inmate transferred, or proposed to be transferred, to the correctional centre following classification or review of classification,cll 13–20: Am 14.5.1999.
20 Linguistic and cultural factors to be considered
(1) The Chairperson of a Reception, Case Management or Program Review Committee and the Review Council must ensure that, in so far as it is practicable to do so, an inmate:(a) who is interviewed by the Committee or the Council for the purposes of this Division, andis interviewed in the presence of a person who can act as an appropriate interpreter or cultural representative.(b) who may be disadvantaged by linguistic or cultural factors,(2) If a correctional officer makes a report which contains an assessment of an inmate for the purposes of this Division, the correctional officer:(a) must take into consideration any linguistic or cultural factors which may disadvantage the inmate, and(b) must refer in the report to the extent to which, in the opinion of the officer, those factors are significant in relation to the assessment.cll 13–20: Am 14.5.1999.
Division 3 Designation and management of high security inmates
pt 2, div 3: Ins 19.12.1997.
20A Definition and application of Division
(1) This Division applies in respect of the following inmates only:(a) male inmates who are classified in Category A1, A2 or B under clause 10 (1), or in Category E1 or E2 under clause 11,(b) female inmates who are classified in Category 4 under clause 10 (1A), or in Category E1 or E2 under clause 11.(2) In this Division:designated inmate means an inmate who is designated for the time being under this Division.cl 20A: Ins 19.12.1997.
20B Designation of high security inmates
(1) The Commissioner may designate an inmate to which this Division applies as:(a) an extreme high security inmate, or(b) a moderate high security inmate.(2) An inmate may be designated as an extreme high security inmate only if the Commissioner is 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) An inmate may be designated as a moderate high security inmate only if the Commissioner is of the opinion that the inmate constitutes:(a) a danger to other people, or(b) a threat to good order and security.(4) The designation of an inmate may be revoked or varied by the Commissioner.(5) The Commissioner is to take into account (but need not follow) any recommendation of the Review Council in determining the designation of an inmate or whether to revoke or vary an inmate’s designation.(6) (Repealed)cll 20B: Ins 19.12.1997. Am 12.3.1999.
20C Management of designated high security inmates
(1) The Commissioner may make determinations with respect to the following:(a) the placement in correctional centres of designated inmates,(b) the movement of designated inmates for any purpose,(c) any additional security arrangements to be imposed in respect of designated inmates,(d) developmental programs for designated inmates,(e) any other matter that is relevant to the management of designated inmates.(2) In making any such determination, the Commissioner is to take into account (but need not follow) any recommendation of the Review Council.cll 20C: Ins 19.12.1997. Am 12.3.1999.
20D Functions of Review Council in relation to high security inmates
(1) For the purposes of section 197 (2) (f) 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 designation of inmates under this Division (including the revocation or variation of any such designation), and(b) the management of designated inmates (including the periodic review of that management).(2) In accordance with clause 10 (2) (c) of Schedule 2 to the Act, the Review Council may delegate to a committee of the Review Council any function referred to in subclause (1) (a) or (b).cl 20D: Ins 19.12.1997. Am 31.3.2000.
Part 3 Admission, searching and miscellaneous matters
Division 1 Recording of inmates’ particulars
pt 3, div 1, hdg: Subst 14.5.1999.
21 Recording of personal description
(1) The details of an inmate’s personal description which may be recorded are as follows:(a) name,(b) age,(c) height,(d) weight,(e) distinguishing features and marks,(f) photograph,(g) fingerprints and palmprints,(h) normal place of living,(i) name and residential address of next of kin,(j) the offence for which the inmate was imprisoned and the term of the sentence.(2) An inmate must supply such information as to normal place of living and name and residential address of next of kin as may be required of the inmate by the governor of the correctional centre or an authorised correctional officer.cll 21: Am 14.5.1999; 31.3.2000.
22 Confidentiality of records
(1) The Commissioner or any person employed in the Department must not furnish to any other person:(a) a photograph of an inmate, or(b) an impression of an inmate’s fingerprints or palmprints, or(c) any other detail of an inmate’s personal description, or(d) any detail of an inmate’s criminal record.(2) Subclause (1) does not apply to the furnishing of matter:(a) under section 267 of the Act, or(b) for use in any criminal or civil proceedings, or(c) in order to carry into effect the provisions of an Act, or an Act of the Parliament of the Commonwealth, or an instrument made under any such Act, or(d) with the consent or at the request of the inmate, or(e) to a law enforcement body or agency with the approval of the Commissioner.cll 22: Am 14.5.1999; 31.3.2000.
23 Disposal of records of unconvicted inmates
(1) The Commissioner must ensure that all photographs, impressions of fingerprints or palmprints and other records of personal particulars of any unconvicted person:(a) who has been remanded in custody in a correctional centre in connection with an alleged offence, andare destroyed or otherwise obliterated 6 years after the release of the person from the correctional centre.(b) who was not convicted of the offence,(2) Subclause (1) relates only to records over which the Commissioner has control.cl 23: Am 14.5.1999.
Division 2 Searching of inmates
pt 3, div 2, hdg: Subst 14.5.1999.
24 Searching of inmates
(1) A correctional officer may search an inmate on reception into a correctional centre.(2) A correctional officer may search an inmate at such subsequent times as may be directed by the governor of the correctional centre or considered desirable by the correctional officer.(3) Except in the case of an emergency, a female inmate must not be searched by or in the presence of a male correctional officer.(4) The searching of an inmate must be conducted with due regard to dignity and self-respect and in as seemly a manner as practicable without impeding the effectiveness of the search.(5) An inmate must allow himself or herself to be searched by a correctional officer conducting a search in accordance with this clause.cl 24: Am 20.9.1996; 14.5.1999.
Division 3 Information to be provided to inmates
pt 3, div 3, hdg: Subst 14.5.1999.
25 Information about correctional centre discipline
As soon as practicable after an inmate is received into a correctional centre the governor of the correctional centre must ensure that the inmate is supplied with a notice as set out in Schedule 1.cl 25: Am 14.5.1999.
26 Inmates to be notified of rights and obligations
(1) As soon as practicable after an inmate is received into a correctional centre the governor of the correctional centre must inform the inmate, or cause the inmate to be informed, of:(a) the correctional centre rules, 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 authorised methods of seeking information and making complaints, and(e) the functions of the Review Council under sections 19–22 of the Act relating to the segregation of inmates, and(f) any other matter necessary to enable the inmate to understand the inmate’s rights and obligations and adapt to living in the correctional centre.(2) If practicable, the inmate is to be informed of the matters by being handed a document in which information relating to each of them is written in a language which the inmate can read and understand.(3) If it is impracticable to hand to the inmate such a document, the inmate is to be considered as having been informed of the matters:(a) if the inmate, being able to read and understand the English language, is permitted to have access to a copy of the Act, this Regulation and any other relevant material, or(b) if the inmate, not being able to read or understand the English language, is given information relating to each of those matters:(i) orally in the English language or, if not able to understand that language, in a language which the inmate can understand, or(ii) if not able to understand any language communicated orally, in any other manner that enables the inmate to understand the information.cll 26: Am 14.5.1999; 31.3.2000.
27 Information concerning extension directions
The governor of a correctional centre is to ensure that, as soon as practicable after an inmate is directed to be segregated under section 10 of the Act, the inmate is provided with information concerning the inmate’s rights under the Act to a review of any extension of that period of segregation that may be directed by the Commissioner.cll 27: Am 14.5.1999; 31.3.2000.
28 Information for inmates who are nationals of other countries
(1) As soon as possible after an inmate who is a national of another country is received into a correctional centre, the governor of the correctional centre must inform the inmate or cause the inmate to be informed that, if the inmate so requests, the consular representative of that country will be informed of the inmate’s imprisonment.(2) If the inmate makes such a request, the governor must inform the consular representative without delay.cl 28: Am 14.5.1999.
Division 4 Inmate’s property
pt 3, div 4, hdg: Subst 14.5.1999.
29 Dealings with property surrendered on reception into correctional centre
(1) An inmate’s property which has been retained by the governor of a correctional centre following its surrender by the inmate on being received into the correctional centre may be issued to the inmate if, in the governor’s opinion, the issue does not constitute a security or safety risk.(2) The property may be issued on condition that it only be dealt with in a manner approved by the governor.(3) The inmate must deal with any such property only in such manner as is approved by the governor.Maximum penalty (subclause (3)): 5 penalty units.cll 29–31: Am 14.5.1999; 31.3.2000.
30 Records of property surrendered on reception into correctional centre
A record must be kept of all property surrendered by an inmate on being received into a correctional centre, setting out:(a) details of the property surrendered, and(b) the date received and the date of disposal, and(c) the inmate’s receipt for the property when received or disposed of by the inmate, and(d) any other incidental particulars.cll 29–31: Am 14.5.1999; 31.3.2000.
31 Property brought to correctional centre by other persons
(1) Any property of an inmate brought to a correctional centre by:(a) a police or correctional officer, orat the time of the reception of the inmate is to be given into the charge of the governor of the correctional centre.(b) any other person of a class specified by the Commissioner,(2) The governor of a correctional centre may receive money, valuables or other property sent to the correctional centre to or for an inmate.(3) Any property so given or received must be dealt with by the governor as if the property had been surrendered by the inmate on being received into the correctional centre.(4) The governor of a correctional centre is not to receive into custody under this clause any property which, in the opinion of the governor, might constitute a security or safety risk at the correctional centre.cll 29–31: Am 14.5.1999; 31.3.2000.
32 Possession of approved personal property
(1) In this clause:approved personal property, in relation to a correctional centre, means personal property of a kind which, under a determination of the Commissioner, may be kept by an inmate at that correctional centre.(2) The governor of a correctional centre may permit an inmate to keep approved personal property at the correctional centre if, in the governor’s opinion, the keeping of the property does not constitute a security or safety risk.cll 32–35: Am 14.5.1999.
33 Property to be kept in a tidy and orderly manner
Any property kept by an inmate must be kept in a tidy and orderly manner and so as not to impede a search of the inmate’s cell, room or hut.cll 32–35: Am 14.5.1999.
34 Confiscation of property which is a security or safety risk
(1) Any personal property of an inmate which, in the opinion of the governor of the correctional centre, is kept or used in such a manner as to be a security or safety risk may be confiscated by the governor.(2) The governor is to keep a record of property confiscated under this clause.(3) Property confiscated under this clause may be disposed of by the governor in accordance with any reasonable request made by the inmate.cll 32–35: Am 14.5.1999.
35 Possession and confiscation of unauthorised property
(1) An inmate must not have in possession at any time after admission to a correctional centre any money or article (other than money or an article authorised by the governor of the correctional centre to be kept by the inmate).(2) Any unauthorised money or article found in the possession of an inmate after admission to a correctional centre may be confiscated by the governor of the correctional centre.(3) For the purposes of this clause, an inmate has money or an article in possession if the inmate has the money or article in the inmate’s custody or under the inmate’s control.cll 32–35: Am 14.5.1999.
36 Sale of unclaimed or confiscated property
(1) For the purposes of section 75 of the Act, unclaimed property, or unauthorised property which is confiscated, may be sold by the Commissioner by public auction.(2) The proceeds of any sale are to be dealt with as if they were unclaimed money held by the Commissioner.(3) If the Commissioner intends to sell property by public auction:(a) notice of the auction is to be published in the Gazette, and(b) in the case of unclaimed property, a notice of the auction is to be sent by post:(i) to the person who surrendered the property, at the person’s address last known to the Commissioner, or(ii) if the person is known by the Commissioner to be dead, to any next of kin known to the Commissioner.cl 36: Am 31.3.2000.
37 Transfer of property
(1) The property of an inmate transferred from one correctional centre to another is to be transferred by the governor of the former correctional centre to the custody of the governor of the new correctional centre, together with such inventories and records as may be directed by the Commissioner.(2) If the property of the inmate is a condom, the governor of the new correctional centre is not to permit the inmate to keep the condom at the correctional centre unless the new correctional centre is a correctional centre in which condoms are made available under clause 56A.cl 37: Am 22.3.1996; 14.5.1999.
Part 4 Institutional routine
38 Hours of work and general routine
(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 or general routines for different parts of a correctional centre.(3) The governor of a correctional centre is to ensure that a notice setting out the hours of work and general routine is exhibited in a conspicuous position where it may be read by inmates in the correctional centre or part of the correctional centre to which it relates.(4) The Commissioner may require the hours of work and general routine for a correctional centre to be published in such other manner as the Commissioner thinks fit.cll 38–41: Am 14.5.1999.
39 Inmates to comply with correctional centre routine
(1) 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.(2) Subclause (1) does not authorise an inmate to contravene any lawful requirement made of the inmate by the Commissioner or a correctional officer.cll 38–41: Am 14.5.1999.
40 Inmates to attend musters
(1) An inmate must not refuse or neglect to attend promptly at any place designated by the governor of the correctional centre, either generally or in a particular case, as a place for mustering inmates:(a) when required orally to do so by the governor or a correctional officer, or(b) when a bell, hooter, siren or whistle used to indicate that a muster of inmates is required is sounded (being a bell, hooter, siren or whistle that is capable of being heard at the place where the inmate is).(2) An inmate must not operate a bell, hooter, siren or whistle used:(a) to indicate that a muster of inmates is required, or(b) for giving notice of a fire or fire drill, orunless the inmate is authorised to do so by the governor or a correctional officer or does so with another reasonable excuse.(c) for giving notice of any other routine or emergency at a correctional centre,cll 38–41: Am 14.5.1999.
41 Avoidance of correctional centre routine
An inmate must not pretend to be ill or injured for the purpose of avoiding an obligation imposed by or under the Act or this Regulation.cll 38–41: Am 14.5.1999.
42 (Repealed)
cl 42: Rep 20.9.1996.
Part 5 Food
43 Diet
(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 must:(a) be varied, and(b) provide adequate amounts of each essential nutrient from basic foods, and(c) 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.(4) The correctional centre medical officer may authorise the variation of an inmate’s diet if the variation is warranted on medical grounds.cll 43–51: Am 14.5.1999.
44 Purchase of food by inmates
(1) The governor of a correctional centre may permit an inmate to purchase food available for purchase at the correctional centre or outside the correctional centre.(2) An inmate must not purchase an item consisting of or containing food if the governor of the correctional centre has banned the item as representing a threat to the security, discipline or good order of the correctional centre.(3) The governor must cause any such ban to be notified:(a) on notice boards within the correctional centre which are accessible to inmates, and(b) to the Commissioner, together with the reason for imposing the ban.cll 43–51: Am 14.5.1999.
45 Unauthorised food
An inmate must not receive or have in possession food that is not supplied by the correctional centre or otherwise authorised under this Part.cll 43–51: Am 14.5.1999.
46 Complaints about correctional centre food
(1) An inmate wishing to complain about the quantity or quality of the food supplied by the correctional centre must do so as soon as possible after receiving it.(2) The inmate is responsible for substantiating the complaint.cll 43–51: Am 14.5.1999.
47 Food supplied from outside correctional centre
(1) A civil inmate may arrange, with the approval of the governor of the correctional centre, for the inmate’s food to be supplied from outside the correctional centre.(2) The quantity and type of food are subject to the approval of the governor.(3) The food is to be in substitution for and not in supplementation of the food supplied in the correctional centre.cll 43–51: Am 14.5.1999.
48 Trading in food prohibited
An inmate supplied with food from outside the correctional centre must ensure that none of it is received by another inmate.cll 43–51: Am 14.5.1999.
Part 6 Health and cleanliness
49 Personal cleanliness
An inmate must obey directions given by or with the authority of the governor of the correctional centre, either generally or individually, in regard to washing, bathing, shaving and the cutting of hair.cll 43–51: Am 14.5.1999.
50 Cleanliness and preservation of cells and certain articles
(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 direction given by or with the authority of the governor of the correctional centre.(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.cll 43–51: Am 14.5.1999.
51 Destruction of unhygienic property
(1) Any food, personal effects or articles of clothing belonging to an inmate at a correctional centre may be destroyed if the correctional centre medical officer considers it necessary for the maintenance of hygiene.(2) Before any such property is destroyed, the governor of the correctional centre must, if practicable, cause the inmate to be informed of the proposed destruction and the reason.cll 43–51: Am 14.5.1999.
52 Dental and optical treatment and artificial medical appliances
(1) 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, Corrections Health Service, from time to time determines.(2) (Repealed)cl 52: Am 14.5.1999; 31.3.2000.
53 Daily exercise (sec 12 (1) of Act)
(1) Every inmate (except those confined to cells under the Act) is to be allowed not less than 2 hours each day for exercise in the open air.(2) An inmate confined to a cell is to be allowed not less than 1 hour each day for exercise in the open air.cll 53–56: Am 14.5.1999.
54 Wearing of correctional centre clothing
(1) A convicted inmate must at all times (unless otherwise authorised by the governor of the correctional centre) wear the uniform clothing issued to the inmate and no other clothing.(2) Subclause (1) also applies to an unconvicted inmate or a civil inmate who does not wear his or her own clothing.cll 53–56: Am 14.5.1999.
55 Wearing of street clothes
(1) An unconvicted inmate or a civil inmate may be permitted by the governor of the correctional centre to wear his or her own clothing and have necessary changes of clothing supplied from time to time if:(a) the clothing is sufficient and suitable in the opinion of the governor, and(b) the clothing is not clothing that is used for the purpose of administration of justice, and(c) the clothing is not uniform clothing of the Armed Services.(2) Any such clothing is to be disinfected, laundered or otherwise cleaned if and when it is, in the opinion of the governor, necessary.cll 53–56: Am 14.5.1999.
56 Unconvicted inmates and civil inmates may be required to clean yards
(1) Unconvicted inmates and civil inmates may be required by the governor or a correctional officer to keep clean the yards and other sections occupied by them.(2) An unconvicted inmate or civil inmate must comply with any such requirement.cll 53–56: Am 14.5.1999.
Part 6A Condoms
pt 6A: Ins 22.3.1996.
56A Availability and disposal of condoms
(1) The Commissioner may direct that condoms be made available to inmates in a correctional centre or correctional centres nominated by the Commissioner.(2) Condoms (together with plastic disposal bags) are to be made available free of charge in any such correctional centre:(a) from a condom dispensing machine that is located in the correctional centre and installed there with the approval of the governor of the correctional centre, or(b) by any other means permitted by the governor of the correctional centre.(3) One or more condom disposal units are to be installed, with the approval of the governor, in any such correctional centre for the use of the inmates.cll 56A–56D: Ins 22.3.1996. Am 14.5.1999.
56B Unauthorised possession of condoms
An inmate must not possess any condom unless:(a) the condom was obtained by the inmate from a condom dispensing machine located in the correctional centre in which the inmate is imprisoned and installed there with the approval of the governor of the correctional centre, or(b) the condom was obtained by the inmate by any other means permitted by the governor of that correctional centre, or(c) the condom was issued to the inmate under clause 29.cll 56A–56D: Ins 22.3.1996. Am 14.5.1999.
56C Unauthorised use of condoms
An inmate must not use or threaten to use any condom:(a) as a weapon, or(b) for any other purpose except sexual activity with another consenting inmate in a correctional centre cell.cll 56A–56D: Ins 22.3.1996. Am 14.5.1999.
56D Unauthorised disposal of condoms
(1) An inmate who uses any condom for sexual activity must, as soon as is reasonably practicable after its use, dispose of the condom.(2) An inmate must not dispose of a condom (whether used or unused) other than in the authorised manner.(3) For the purposes of this clause, a condom is disposed of in the authorised manner if:(a) the condom is placed in a plastic disposal bag from a condom pack obtained from a condom dispensing machine or is placed in a plastic disposal bag obtained by any other means permitted by the governor, and(b) the plastic bag containing the condom is placed in a condom disposal unit installed in the correctional centre with the governor’s approval.cll 56A–56D: Ins 22.3.1996. Am 14.5.1999.
Part 7 Education, vocational training and libraries
Division 1 Education and vocational training
57 Educational classes
(1) Provision may be made by the Commissioner for programs directed to the social, academic, cultural, craft and linguistic needs or interests of inmates.(2) Persons nominated by the Commissioner who are not officers of the Department may be employed to conduct those programs.(3) A person employed to conduct a program is subject to:(a) in respect of any matter affecting the security or good order of the correctional centre—the directions of the governor of the correctional centre, and(b) in respect of the nature and scope of the education syllabus and the method of instruction—the directions of such officer as may from time to time be designated by the Commissioner to supervise the educational activities of inmates.(4) The Commissioner may also use correctional officers to conduct programs.cll 57–61: Am 14.5.1999.
58 Vocational and practical training
(1) Provision may be made in a correctional centre for the vocational training of inmates and for the practical training (supplemented by theoretical study by correspondence or otherwise) of inmates.(2) The training and study are to be as determined from time to time by the Commissioner.(3) The Commissioner is to give special attention to the education and training of inmates who are young or illiterate.cll 57–61: Am 14.5.1999.
59 Regulation of inmates attending classes
During the time an inmate is participating in or attending a class or activity forming part of a program or training provided under this Part, the inmate must comply with any lawful and reasonable direction of the person employed to conduct the program or training.cll 57–61: Am 14.5.1999.
Division 2 Keeping of books and other printed material
60 Purchase of books and other printed material by inmates
An inmate may purchase books, newspapers, magazines or other printed material:(a) which it is lawful for the inmate to purchase at any place in New South Wales outside a correctional centre, and(b) from which it could not reasonably be expected that the inmate may obtain information the use of which could give rise to a security or safety risk.cll 57–61: Am 14.5.1999.
61 Keeping of books and other printed material
(1) An inmate may keep books, newspapers, magazines and other printed material in the inmate’s cell, room or hut if there are suitable and adequate facilities for storing them and they are stored in a tidy and orderly manner.(2) If the governor of the correctional centre is of the opinion that the keeping by the inmate of any book, newspaper, magazine or other printed material may give rise to a security or safety risk, the book, newspaper, magazine or other printed material may be confiscated by the governor.(3) Any confiscated book, newspaper, magazine or other printed material may:(a) be treated and dealt with as if it were property surrendered on reception into a correctional centre, or(b) be disposed of by the governor in such a manner as is reasonable in the circumstances (taking into account the nature of the material).cll 57–61: Am 14.5.1999.
Division 3 Correctional centre libraries
pt 7, div 3, hdg: Subst 14.5.1999.
62 Commissioner to maintain correctional centre libraries
The Commissioner must cause any library at a correctional centre to be maintained.cll 62–67: Am 14.5.1999.
63 Library rules
(1) The governor of a correctional centre must cause a copy of the library rules set out in Schedule 2 to be exhibited in any library at the correctional centre in such a position that they may be read by inmates using the library.(2) The governor may cause copies of the library rules to be exhibited in other places in the correctional centre so that they may be read by inmates who may wish to use a library at the correctional centre.cll 62–67: Am 14.5.1999.
64 Use of correctional centre libraries
Any inmate may, subject to the library rules, use the facilities of a library at the correctional centre unless the inmate has been refused access to the library under this Regulation.cll 62–67: Am 14.5.1999.
65 Refusal of access
(1) The governor of a correctional centre who has reasonable grounds to believe that an inmate may misuse the facilities of a correctional centre library may refuse the inmate access to the library for such period as the governor determines.(2) The inmate must not use the facilities of the library during any such period.cll 62–67: Am 14.5.1999.
66 Return of borrowed items
An inmate who borrows an item from a correctional centre library must not, without reasonable excuse:(a) fail to return the item by the date on which it is due to be returned, or(b) return the item in a worse condition than it was in when borrowed.cll 62–67: Am 14.5.1999.
Part 8 Religious ministration
Division 1 Interpretation
67 Definitions
In this Part:cleric, in relation to a particular religious denomination, means a minister of religion, priest, rabbi or other person appointed or authorised by the appropriate authority for that denomination to minister to its members.correctional centre chaplain means a cleric for the time being appointed under this Regulation to be a chaplain at a correctional centre.cll 62–67: Am 14.5.1999.
Division 2 Correctional centre chaplains
pt 8, div 2, hdg: Subst 14.5.1999.
68 Appointment of correctional centre chaplains
(1) The Commissioner, on the recommendation of the appropriate authority for a religious denomination, may, by instrument in writing, appoint a cleric of that denomination to be full-time or part-time chaplain to inmates and correctional officers at a correctional centre.(2) The Commissioner may, at any time, by instrument in writing, revoke such an appointment.cll 68–79: Am 14.5.1999.
69 Privileges of chaplains
(1) With the approval of the Commissioner, a correctional centre chaplain may:(a) when visiting the correctional centre, be accompanied by not more than 4 assistants, being clerics or lay persons who are wholly or partly engaged in duties of a religious nature, and(b) arrange for inmates to be visited by persons suitably qualified in counselling, vocational guidance or other services, and(c) authorise, in writing, another cleric to act as correctional centre chaplain during the chaplain’s absence.(2) A person authorised to act for a correctional centre chaplain is to be treated for the purposes of this Part as a correctional centre chaplain.(3) An approval under subclause (1) may be given subject to conditions.(4) A correctional centre chaplain is answerable to the Commissioner for the conduct of any person who accompanies the chaplain when visiting a correctional centre.cll 68–79: Am 14.5.1999.
Division 3 Chaplaincy services
70 Duties of chaplains
(1) A correctional centre chaplain is responsible for the spiritual care of inmates at the correctional centre.(2) A correctional centre chaplain’s functions include:(a) as frequently as is reasonable, visiting inmates who are sick or confined to cell or segregated from other inmates, and(b) when requested to do so by the governor of the correctional centre, visiting an inmate of the chaplain’s religious denomination (or arranging for the inmate to be visited by another cleric of that denomination) where the inmate is suffering from an injury or illness which is likely to be fatal.cll 68–79: Am 14.5.1999.
71 Powers of chaplains
A correctional centre chaplain may:(a) on Sundays or other recognised days of religious observance, and on such other days as the governor of the correctional centre may permit, hold or conduct:(i) Divine services or such other rites, services or assemblies as pertain to the chaplain’s religious denomination, or(ii) with the permission of the governor, combined services in association with clerics of other denominations, and(b) at their request, give counsel and advice to the relatives and friends of an inmate, and(c) with the consent of:(i) the inmate, andminister to an inmate who is not of the chaplain’s religious denomination, and(ii) if a chaplain of the inmate’s religious denomination has been appointed to the correctional centre—that chaplain,(d) with the approval of the Commissioner, pursue such other matters as the chaplain considers to be in the interests of the welfare of inmates at the correctional centre.cll 68–79: Am 14.5.1999.
72 Access to inmates
(1) A correctional centre chaplain may, at all reasonable times (but not so as to disturb the ordinary routine of the correctional centre), visit the correctional centre.(2) The chaplain is to have free and independent access to inmates of the chaplain’s religious denomination for the purpose of private and confidential religious ministrations.(3) With the approval of the Commissioner, a cleric may, if no chaplain of the cleric’s denomination has been appointed to a correctional centre, visit the correctional centre and, during the visit, have access to inmates of that denomination as if the cleric were their chaplain.(4) If an inmate objects to being visited by a chaplain or another cleric, the objection is to be fully respected.cll 68–79: Am 14.5.1999.
73 Inmate may request visit by cleric if no chaplain appointed
The governor of a correctional centre must, on request by an inmate who is of a religious denomination for which no chaplain has been appointed to the correctional centre, endeavour to arrange for the inmate to be visited by a cleric of that denomination.cll 68–79: Am 14.5.1999.
Division 4 General
74 Records relating to religious denominations
(1) An inmate, on reception into a correctional centre, must state his or her religious denomination or, if of no religious denomination, state that fact.(2) A record is to be kept at a correctional centre of each inmate’s religious denomination or of the fact that an inmate is of no religious denomination.(3) An inmate who desires to become a member of a religious denomination (or, if already recorded as being a member of a religious denomination, of another religious denomination) may notify the governor of the correctional centre in writing:(a) setting out the reasons for desiring to become such a member, and(b) requesting that the inmate’s record be amended accordingly.(4) The governor, if satisfied (after consultation with the correctional centre chaplains) that the inmate has been properly counselled in relation to the request and that it has been made in good faith, is to direct that the record be amended.(5) For the purposes of this Part, an inmate is to be treated as being of the religious denomination (if any) for the time shown in the records kept under this clause.(6) The governor of a correctional centre, on request by a correctional centre chaplain, must inform the chaplain of the names of all inmates of the chaplain’s religious denomination at the correctional centre.cll 68–79: Am 14.5.1999.
75 Participation of inmates in religious observances
(1) Correctional officers, where practicable, are to encourage inmates to participate in the religious observances of their religious denominations (but not so as to offer or impose any inducement or sanction with respect to any such participation).(2) An inmate may attend at the correctional centre:(a) Divine services or such other rites, services or assemblies as pertain to the inmate’s religious denomination, and(b) with the approval of the governor of the correctional centre, services of other religious denominations, and(c) combined services held by clerics of the inmate’s religious denomination in association with clerics of other denominations.(3) 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 governor of the correctional centre.cll 68–79: Am 14.5.1999.
76 Use of chapels
(1) A correctional centre chapel or a part of a correctional centre that is used for the holding or conducting of Divine services or other religious rites, services or assemblies may be used for such other purposes as may be determined by the Commissioner after consultation with the correctional centre chaplains.(2) The governor of a correctional centre at which there is no chapel must, on request by a correctional centre chaplain, make available a suitable part of the correctional centre for the holding or conducting of Divine services or other religious rites, services or assemblies.(3) The governor of a correctional centre must, on request by a correctional centre chaplain, make available suitable facilities for the safekeeping of communion tables, vestments, religious books and other objects used in connection with Divine services or other religious rites, services or assemblies.(4) A person must not, at a correctional centre, desecrate or abuse any communion tables, vestments, religious books or other objects used in connection with Divine services or other religious rites, services or assemblies.Maximum penalty (subclause (4)) except in the case of a correctional centre offence: 5 penalty units.cll 68–79: Am 14.5.1999.
77 Chaplains may advise committees
(1) With the approval of the Commissioner, a correctional centre chaplain may:(a) attend meetings of any committee concerned with the management of the correctional centre, and(b) at any such meeting, offer advice in relation to the welfare of inmates.(2) A correctional centre chaplain is not entitled to vote on any motion or proposal put before such a committee or otherwise participate in its decisions.cll 68–79: Am 14.5.1999.
78 Chaplaincy services: generally
(1) The correctional centre chaplains, in collaboration with the Commissioner and the appropriate authorities for the various religious denominations, may assist in:(a) the development of community support for corrective services in the State, and(b) the development and extension of chaplaincy services in correctional centres in the State.(2) The Commissioner, in consultation with the correctional centre chaplains and the appropriate authorities for the religious denominations, is to review from time to time the effectiveness of the chaplaincy services in correctional centres in the State.cll 68–79: Am 14.5.1999.
79 Exclusion of clergy on grounds of security
If the Commissioner considers that it would be prejudicial to the maintenance of security, good order or discipline in a correctional centre to allow:(a) a particular cleric, orto visit the correctional centre, the Commissioner may refuse to allow the cleric or any such cleric to visit the correctional centre.(b) a cleric of a particular religious denomination,cll 68–79: Am 14.5.1999.
Part 9 Visits and communications with inmates
pt 9, hdg: Subst 14.5.1999.
Division 1 Visits to inmates
pt 9, div 1, hdg: Subst 14.5.1999.
80 Visits generally
The governor of a correctional centre may permit a person to visit an inmate at the correctional centre.cll 80–83: Am 14.5.1999.
81 Visiting hours
(1) The periods during which a person may visit an inmate at a correctional centre are as determined by the Commissioner.(2) The governor is to ensure that the visiting hours are clearly displayed on a notice outside the correctional centre.(3) If it is not practicable for a person to visit an inmate during visiting hours, the governor may (subject to the convenience of the routine of the correctional centre) permit a visit outside those hours.cll 80–83: Am 14.5.1999.
82 Duration of visits
A visit to an inmate is to be permitted to continue for not less than 30 minutes (unless it is terminated under the Act or this Regulation or it extends beyond visiting hours).cll 80–83: Am 14.5.1999.
83 Number of visits
(1) An unconvicted inmate may be visited once immediately after reception into a correctional centre and afterwards twice weekly.(2) An appellant or convicted inmate may be visited once immediately after conviction and afterwards at such intervals as the governor of the correctional centre determines in respect of the class of inmates concerned.(3) A civil inmate may be visited daily, for such number of times as the governor of the correctional centre may permit.cll 80–83: Am 14.5.1999.
84 Extra visits may be permitted
(1) The governor of a prison may permit additional visits to a prisoner who has been reported by the prison medical officer to be dangerously ill.(2) The governor of a prison may, in any other case which the governor considers appropriate, permit additional visits to a prisoner.
85 Maximum number of visitors
Not more than 4 visitors, or such other number of visitors as the governor of the correctional centre from time to time determines in respect of the inmate, may be present with an inmate at the same time.cll 85: Am 14.5.1999.
86 Visits by family or friends
The governor of a correctional centre may, subject to this Regulation, permit an inmate to receive such visits from the inmate’s family or friends as, in the governor’s opinion, would be conducive to the rehabilitation of the inmate.cll 86: Am 14.5.1999.
87 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:(a) the Minister, a correctional officer employed at the correctional centre or an Official Visitor for the correctional centre,(b) any person authorised to visit and examine a correctional centre by section 229 of the Act (a Supreme or District Court Judge or a Magistrate).cl 87: Am 14.5.1999; 31.3.2000.
88 Visits by officers of the Crown
The governor of a correctional centre may, in addition to other visits authorised by this Regulation, authorise an officer of the Crown (including a police officer) to visit a correctional centre or an inmate if satisfied that the visit is to be made while the officer is engaged on official duties.cll 88–96: Am 14.5.1999.
89 Inmate may refuse visits
An inmate may refuse to receive a visitor (other than an officer of the Crown, including a police officer, on official duties).cll 88–96: Am 14.5.1999.
90 Inmate confined to cell not entitled to visits
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 any similar organisation approved by the Commissioner, or(d) a visit by an officer of the Crown (including a police officer) on official duties.cll 88–96: Am 14.5.1999.
91 Record of visits
(1) The governor of a correctional centre must, in relation to each visit to an inmate, keep or cause to be kept a record of:(a) the date of the visit, and(b) the name of the inmate, and(c) the name and address of each visitor, and(d) the relationship between each visitor and the inmate, and(e) the authority for the visit, and(f) the name of the correctional officer who supervised the visit.(2) Copies of the records of visits may be maintained by the Commissioner in such manner and for such period as the Commissioner sees fit.cll 88–96: Am 14.5.1999.
Division 2 Special visits: legal business, foreign nationals, aboriginals
92 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 barrister or solicitor.cll 88–96: Am 14.5.1999.
93 Foreign nationals
An inmate who is a national of a foreign country or foreign state may, in addition to any other visits authorised by this Regulation, be visited by a person who is:(a) a diplomatic or consular representative in Australia or New South Wales of the foreign country or foreign state, or(b) a diplomatic or consular representative in Australia or New South Wales of another foreign country or foreign state that assumes responsibility for the inmate’s interests, or(c) if the person is a refugee or stateless person, a representative of a national or international organisation that has as an object the protection of the interests of such an inmate.cll 88–96: Am 14.5.1999.
94 Aboriginal inmates
An inmate who is an Australian aborigine may, in addition to other visits authorised by this Regulation, be visited by a person who is:(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 Australian aboriginal people and that is approved by the Commissioner.cll 88–96: Am 14.5.1999.
95 Prior appointment necessary
A prior appointment for a visit under this Division must have been made with the governor of the correctional centre.cll 88–96: Am 14.5.1999.
96 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 governor of a correctional centre may extend normal visiting hours to permit such a visit if, in the governor’s opinion:(a) it is convenient and practicable to do so, and(b) the governor is able to make satisfactory security arrangements.cll 88–96: Am 14.5.1999.
Division 3 Permits to visit correctional centres
pt 9, div 3, hdg: Subst 14.5.1999.
97 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, sociological or other purpose approved by the Commissioner.(2) A visitor’s permit may be issued by the Commissioner or a person authorised by the Commissioner for the purpose.(3) A visitor’s permit may be issued unconditionally or subject to conditions specified in the permit.(4) An application for a visitor’s permit is to be made in writing to the Commissioner or a person authorised by the Commissioner to issue the permit and the decision of the Commissioner or the person on whether to grant the permit is final.cll 97: Am 14.5.1999.
98 Cancellation of permits
The Commissioner or the person authorised by the Commissioner to issue the permit may cancel a visitor’s permit at any time.
99 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.
100 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 the governor of the correctional centre or an authorised correctional officer, and(b) must, before the visit takes place, inform the governor of the correctional centre or an authorised correctional officer of the purpose of the visit.cll 100–102: Am 14.5.1999.
101 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 governor of the correctional centre or the correctional officer supervising the visit, and(b) must comply with any reasonable direction given by the correctional officer supervising the visit.(2) A person to whom a visitor’s permit is issued must not, during a visit to a correctional centre, communicate with an inmate or periodic detainee without the prior approval of the governor of the correctional centre or an authorised correctional officer.Maximum penalty: 5 penalty units.cll 100–102: Am 14.5.1999.
102 Physical contact by holders of visitors’ permits
A person permitted by a visitor’s permit to visit a correctional centre may, at the discretion of the governor of the correctional centre or an authorised correctional officer, be allowed to have physical contact with an inmate.cll 100–102: Am 14.5.1999.
Division 4 Control of visits to correctional centres and inmates
pt 9, div 4, hdg: Subst 14.5.1999.
103 Proof of identity of visitor and purpose of visit may be required
(1) The governor of a correctional centre or an authorised correctional officer may refuse to allow a visitor to a correctional centre or to an inmate to proceed with the visit (whether or not the visitor is entitled to visit the correctional centre or inmate) if:(a) when required by the governor or officer to do so, the visitor fails to produce evidence of identity or place of residence that the governor or officer considers to be adequate, or(b) the visitor does not state the purpose of the visit when required by the governor or the officer to do so.(2) A person must not produce any evidence in response to a requirement under subclause (1) (a) knowing the evidence is false or misleading in a material particular.Maximum penalty: 10 penalty units.(3) If a visitor is prevented from proceeding with a visit, the governor or correctional officer must cause the reason for the refusal to be recorded and reported to the Commissioner.cl 103: Am 14.5.1999.
103A Searching of visitors’ vehicles
(1) The governor of a correctional centre, an authorised correctional officer or the principal security officer may require a visitor to a correctional centre or to an inmate to make available for inspection and search any vehicle under the visitor’s control that is on the premises of the correctional centre or correctional complex.(2) The governor of a correctional centre, an authorised correctional officer or principal security officer may refuse to allow the visitor to proceed with the visit, if the visitor refuses to submit to the inspection or search required under this clause.Note—Under clause 114 of this Regulation the Commissioner may direct, in writing, that a person specified in the direction be prevented:(a) from entering every correctional centre or correctional complex in the State, andif the Commissioner is satisfied that the security, discipline or good order of any one or more correctional centres or correctional complexes would be adversely affected if the person were to be permitted to visit them.(b) from visiting any or all inmates at every such correctional centre or correctional complex,(3) If a visitor is prevented from proceeding with a visit, the governor or officer concerned must cause details of the refusal of the visit and the reasons to be recorded and reported to the Commissioner.cl 103A: Ins 16.2.2001.
104 Searching of visitors
(1) The governor of a correctional centre, an authorised correctional officer or the principal security officer may require a visitor to the correctional centre or an inmate:(a) to submit to a search of personal possessions or to a search from head to foot by the use of hand-held scanning devices, or to both those searches, or(b) to empty the contents of all pockets in the visitor’s clothing.(2) The power of the principal security officer under subclause (1) may be exercised only if the Commissioner approves.(3) Except as otherwise provided by this Regulation or as permitted by the governor of the correctional centre or an authorised correctional officer, a visitor to an inmate or a correctional centre must, while the visit is taking place, leave:(a) personal possessions, andin storage facilities provided for the purpose at the correctional centre.(b) any other articles brought into the correctional centre by the visitor,(4) The governor of a correctional centre or an authorised correctional officer may refuse to allow a visitor to an inmate or a correctional centre to proceed with the visit if the visitor:(a) refuses to submit to a search required under this clause, or(b) fails to leave property in storage as required by this clause.(5) If a visitor is prevented from proceeding with a visit, the governor or officer concerned must cause details of the refusal of the visit and the reasons to be recorded and reported to the Commissioner.cl 104: Am 20.9.1996; 14.5.1999; 31.3.2000.
104A Smoking by visitors in non-smoking areas prohibited
A person who is visiting a correctional centre or 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.Maximum penalty: 1 penalty unit.cl 104A: Ins 20.9.1996. Am 14.5.1999.
105 Unauthorised use of cameras or recording equipment
(1) A person who is visiting a correctional centre or correctional complex, or who is visiting an inmate at a correctional centre or correctional complex, must not take photographs or operate video or audio recording equipment without the prior approval of the Commissioner.Maximum penalty: 20 penalty units.(2) The Commissioner may confiscate any film, tape or other recording taken or made by a person in contravention of this clause.(3) The Commissioner may destroy any part of a confiscated film, tape or recording which the Commissioner is satisfied is likely to adversely affect the security of the correctional centre or correctional complex or place the personal safety of a person at risk.(4) Any part of the film, tape or recording which the Commissioner is satisfied is not likely to adversely affect the security of the correctional centre or correctional complex or place the personal safety of a person at risk must be returned to the person from whom it was taken.(5) Before returning any film, tape or recording, the Commissioner may charge the person for payment of any costs incurred in processing or developing it.cll 105–114: Am 14.5.1999.
106 Delivery of articles to inmates or visitors
(1) Except as otherwise provided by this Part:(a) a visitor to a correctional centre or to an inmate at a correctional centre must not convey or deliver to or receive from an inmate at the correctional centre an article of any kind, and(b) an inmate at a correctional centre must not convey or deliver to or receive from a visitor to the correctional centre, to the inmate or to any other inmate at the correctional centre an article of any kind.(2) With the approval of the governor of a correctional centre or an authorised correctional officer:(a) a visitor to the correctional centre or to an inmate at the correctional centre may deliver an article to a correctional officer at the correctional centre for delivery to an inmate at the correctional centre, or(b) an inmate at the correctional centre may deliver an article to a correctional officer at the correctional centre for delivery to a visitor to the correctional centre, to that inmate or to another inmate at the correctional centre.cll 105–114: Am 14.5.1999.
107 Prevention of physical contact with inmates
(1) The Commissioner may direct that a person, for such period as the Commissioner considers appropriate, be prevented from having physical contact with an inmate if the Commissioner has reasonable grounds to suspect that the person is likely to introduce into a correctional centre:(a) property which an inmate is not authorised by this Regulation to possess, or(b) money or any other thing the acquisition, keeping or use of which by the inmate would, in the opinion of the Commissioner, be likely to adversely affect the security, discipline or good order of the correctional centre.(2) While such a direction is in force, the governor must refuse to allow the person to whom the direction relates to visit the correctional centre or an inmate at the correctional centre unless the person is effectively prevented (by the use of screens or otherwise) from having physical contact with any inmate.(3) The governor of a correctional centre or an authorised correctional officer may permit a visit to proceed only while a visitor is effectively prevented by the use of screens or otherwise from having physical contact with any inmate if the governor or correctional officer knows or has reasonable cause to suspect that the visitor has in his or her possession:(a) property which an inmate is not authorised by this Regulation to possess, or(b) money or any other thing the acquisition, keeping or use of which by an inmate would, in the opinion of the governor or correctional officer, be likely to adversely affect the security, discipline or good order of the correctional centre.(4) If a visitor is prevented from proceeding with a visit, the governor or officer concerned must cause details of the refusal of the visit and the reasons to be recorded and reported to the Commissioner.cll 105–114: Am 14.5.1999.
108 Visits to be within sight of correctional officer
(1) A visit must take place within sight of a correctional officer.(2) Subclause (1) does not prevent the governor of the correctional centre from permitting a visit to take place outside the sight of a correctional officer if it is a visit to an inmate by:(a) an officer of the Crown, or(b) a member of a civil rehabilitation committee approved by the Commissioner (being a member to whom the inmate has been referred by a parole officer).(3) Subclause (1) does not prevent a person permitted by this Regulation to visit a correctional centre to conduct research from being afforded, at the discretion of the Commissioner, facilities to interview, talk to and examine an inmate out of sight of a correctional officer.cll 105–114: Am 14.5.1999.
109 Listening or recording devices not to be used without permission
A correctional officer must not, without the written permission of the inmate, use a listening or recording device to overhear or record a conversation between an inmate and a visitor.cll 105–114: Am 14.5.1999.
110 Legal documents: special arrangements
(1) The governor of a correctional centre or an authorised correctional officer may inspect or examine, but not read, documents or other recorded material taken into the correctional centre by a barrister or solicitor for the purpose of discussing or transacting legal business.(2) The governor of a correctional centre must ensure that arrangements are made for an inmate and the inmate’s barrister or solicitor to have joint access to documents or other recorded material taken into the correctional centre for the purpose of discussing or transacting legal business.cll 105–114: Am 14.5.1999.
Division 5 General restrictions on persons who may visit
111 General power of governor or correctional officer to prevent visits
(1) The governor of a correctional centre may refuse to allow a visit to the correctional centre or to an inmate if, in the opinion of the governor, the security, discipline or good order of the correctional centre may be adversely affected if the visit were permitted.(2) If, in the opinion of the correctional officer supervising a visit to a correctional centre or to an inmate:(a) the visitor or inmate has committed a breach of the Act or this Regulation, or(b) the visitor or inmate has acted in an offensive, unseemly, indecent or improper manner, orthe officer may terminate the visit and remove the visitor from the correctional centre.(c) the security, discipline or good order of the correctional centre may be adversely affected if the visit were to continue,(3) A correctional officer is to report to the governor of the correctional centre any action taken by the officer under subclause (2).(4) The governor of the correctional centre must keep or cause to be kept a record of each refusal of a visit under subclause (1) and each termination of a visit under subclause (2) and the reasons for the refusal or termination.cll 105–114: Am 14.5.1999.
112 Visitors affected by alcohol or drugs
The governor of a correctional centre or an authorised correctional officer who has reasonable cause to believe that a visitor to the correctional centre or to an inmate is under the influence of alcohol or a drug may refuse to allow the visit.cll 105–114: Am 14.5.1999.
113 Unauthorised persons not to be admitted to correctional centres
A person not otherwise authorised by this Regulation to be admitted to a correctional centre must not be admitted to the correctional centre without the prior authority of the Commissioner.cll 105–114: Am 14.5.1999.
114 Commissioner may bar persons from visiting correctional centres
(1) The Commissioner may direct, in writing, that a person specified in the direction be prevented:(a) from entering every correctional centre or correctional complex in the State, andif the Commissioner is satisfied that the security, discipline or good order of any one or more correctional centres or correctional complexes would be adversely affected if the person were to be permitted to visit that or those correctional centres or correctional complexes.(b) from visiting any or all inmates at every such correctional centre or correctional complex,(2) Any such direction has effect for such period as the Commissioner considers appropriate and may be revoked by the Commissioner at any time.(3) Despite any such direction being in force, the Commissioner may, in such circumstances as the Commissioner considers appropriate, permit the person to whom the direction applies to visit a particular correctional centre, correctional complex or inmate in accordance with the provisions of this Part.cll 105–114: Am 14.5.1999.
Division 6 Written communications with inmates
pt 9, div 6, hdg: Subst 14.5.1999.
115 Definitions
In this Division:means:(a) a correctional officer appointed by the governor of a correctional centre to be an authorised officer for the purposes of this Division, or(b) the principal security officer, or(c) a correctional officer appointed by the principal security officer to be an authorised officer for the purposes of this Division.Commonwealth Ombudsman means the Commonwealth Ombudsman appointed under section 21 (1) of the Ombudsman Act 1976 of the Commonwealth.contraband includes any substance or item, other than money, the possession of which by an inmate is not permitted by or under the Act.letter means any letter, 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.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.cl 115: Am 14.5.1999; 31.3.2000.
116 Correspondence: generally
(1) Subject to this Division, inmates may send letters or parcels to, and receive letters or parcels from, persons who are not imprisoned.(2) Subject to this Division, an inmate may communicate by correspondence with an inmate of another correctional centre.(3) An inmate must not send or receive any letter or parcel otherwise than through the hands of the governor of the correctional centre or an authorised correctional officer.(4) Except as otherwise provided by this Division, a letter sent to or by an inmate is not to be censored.cll 116: Am 14.5.1999.
117 Certain articles prohibited
An inmate must not send or attempt to send from a correctional centre a letter or parcel that contains any written or pictorial matter that is indecent, obscene, abusive, threatening or offensive or any article that is indecent, obscene or offensive.cll 117: Am 14.5.1999.
118 Certain correspondence privileged
(1) In this clause:privileged letter or parcel, in relation to an inmate, means a letter or parcel which has been addressed by the inmate to the Ombudsman, the Commonwealth Ombudsman, the Judicial Commission, the National Crime Authority, the New South Wales Crime Commission, the Anti-Discrimination Board, the Equal Opportunity Tribunal, the Independent Commission Against Corruption, the Privacy Committee, the Legal Aid Commission, the Legal Services Commissioner, the Legal Services Tribunal, the Inspector-General of Corrective Services, a Member of Parliament, a barrister, a solicitor or a police officer.(2) If an inmate delivers to a correctional officer or the governor of a correctional centre a privileged letter or parcel:(a) the correctional officer or governor must send the letter or parcel immediately to the addressee, and(b) the letter or parcel must not be opened, inspected or read by anyone except the person to whom it has been addressed or some person authorised by that person.(3) A letter addressed to an inmate by:(a) the Ombudsman, or(b) the Commonwealth Ombudsman, or(c) the Judicial Commission, or(d) the National Crime Authority, or(e) the New South Wales Crime Commission, or(f) the Anti-Discrimination Board, or(g) the Equal Opportunity Tribunal, or(h) the Independent Commission Against Corruption, or(i) the Privacy Committee, or(j) the Legal Aid Commission, or(k) the Legal Services Commissioner, or(l) the Legal Services Tribunal, ormust not be opened, inspected or read by anyone except the inmate or some person authorised by the inmate.(m) the Inspector-General of Corrective Services,(4) If a Member of Parliament or a barrister or solicitor sends to an inmate a letter in a sealed envelope accompanied by a letter addressed to the governor of the correctional centre claiming privilege in respect of the letter in the sealed envelope, the sealed envelope and letter must not (except as provided by subclause (5)) be opened and inspected or read by anyone except the inmate or some person authorised by the inmate.(5) If the governor of the correctional centre or an authorised officer is of the opinion that a sealed envelope referred to in subclause (4) may contain:(a) money or contraband, orthe governor or officer may require the inmate to open the sealed envelope in his or her presence.(b) any item or matter that is likely to adversely affect the security, discipline or good order of the correctional centre,(6) If a sealed envelope so opened is found to contain:(a) money or contraband, orthe sealed envelope and anything in it may be impounded and dealt with in accordance with such directions as are given by the Commissioner.(b) any item or matter that, in the opinion of the governor of the correctional centre or an authorised officer, may adversely affect the security, discipline or good order of the correctional centre,cl 118: Am 20.9.1996; 30.10.1998; 14.5.1999.
119 Opening and impounding of certain articles
(1) The governor of a correctional centre or an authorised officer may open, inspect and read a letter or parcel sent to or by an inmate. This power is subject to clause 118 (2)–(4).(2) If a letter or parcel so opened is found to contain:(a) money or contraband or any item or matter that, in the opinion of the governor or authorised officer, is likely to adversely affect the security, discipline or good order of the correctional centre, orit (and the money, contraband, item, matter or article) may be impounded.(b) any indecent, obscene, abusive, threatening or offensive written or pictorial matter or any indecent, obscene or offensive article,(3) The inmate is to be informed of the impounding of any letter, parcel, money, contraband, item or matter.(4) Anything impounded may be dealt with in accordance with such directions as are given by the Commissioner.cl 119: Am 14.5.1999.
120 Copying of certain correspondence
(1) An appointed officer may direct that any written or pictorial matter contained in a letter or parcel opened, inspected or read under clause 119 is to be copied before the letter or parcel containing the matter is delivered to the addressee.(2) Any such direction may only be made if:(a) the Director or officer is of the opinion that the written or pictorial matter to be copied contains anything likely to adversely affect the security, discipline or good order of any correctional centre, or(b) the written or pictorial matter to be copied is indecent, obscene, abusive, threatening or offensive.(3) In this clause, appointed officer means the principal security officer or a correctional officer appointed by the principal security officer for the purposes of this clause.cl 120: Am 14.5.1999; 31.3.2000.
121 Correspondence with legal adviser
This Regulation is not to be construed so as to limit correspondence between an inmate and the inmate’s barrister or solicitor in respect of matters affecting the inmate’s trial, conviction or imprisonment.cl 121: Am 14.5.1999.
Division 7 Use of telephones by inmates
pt 9, div 7, hdg: Subst 14.5.1999.
122 Permission required
An inmate must not make a telephone call without the permission of the governor of the correctional centre or an authorised correctional officer.cll 122–127: Am 14.5.1999.
123 Maximum number of calls
An inmate must not make more telephone calls in any week than the maximum number of calls fixed by the Commissioner for the inmate or the class of inmates to which the inmate belongs.cll 122–127: Am 14.5.1999.
124 Calls to other inmates
An inmate must not have a telephone conversation with an inmate at another correctional centre without the permission of the governors of both correctional centres.cll 122–127: Am 14.5.1999.
125 Cost of certain calls
(1) The cost of a telephone call made by an inmate which the Commissioner does not classify as a local call must, on demand by the governor of the correctional centre or an authorised correctional officer, be met by the inmate.(2) Subclause (1) does not apply if the cost of the call is met by the receiver.cll 122–127: Am 14.5.1999.
126 Procedure for making calls
(1) An inmate who wishes to make a telephone call must give a correctional officer authorised by the governor of the correctional centre to arrange the call the following information:(a) the purpose of the call, and(b) the telephone number required, and(c) the name of the person to whom the inmate intends to speak.(2) If permission to make the call is granted, the officer is to dial the number and ask whether the person to whom the inmate intends to speak is available and wishes to receive the call.(3) The call must be terminated immediately if the person does not wish to receive it.cll 122–127: Am 14.5.1999.
127 Procedure on receipt or acceptance of calls
(1) A correctional officer who arranges the sending or receipt of a telephone call must provide the inmate with an extension handset with which to conduct the conversation.(2) The correctional officer may continue to listen to the conversation.(3) The officer may terminate the call if, in the officer’s opinion, the security, discipline or good order of any correctional centre may be adversely affected if the call were to continue.(4) An officer who terminates a call must immediately cause details of the reason for the termination to be recorded and reported to the governor of the correctional centre.cll 122–127: Am 14.5.1999.
128 Monitoring of telephone calls
(1) If the governor of a correctional centre or the principal security officer is of the opinion that an inmate’s telephone conversations are likely to adversely affect the security, discipline or good order of any correctional centre, the governor or the principal security officer may cause the inmate’s telephone calls to be monitored by a correctional officer authorised for the purpose by the governor or the principal security officer.(2) The principal security officer’s power under subclause (1) may be exercised only with the approval of:(a) the governor of the correctional centre at which the calls are to be monitored, or(b) the Commissioner.(3) The governor of a correctional centre and the principal security officer must each keep a journal in book form and enter in it details of calls monitored, including the reason for monitoring them and a summary of their content.(4) A journal must be retained for not less than 3 years after the last entry is made in it.(5) A journal must be produced by the governor of a correctional centre or the principal security officer on demand by the Commissioner.Maximum penalty: 5 penalty units.cl 128: Am 20.9.1996; 14.5.1999; 31.3.2000.
129 Records of calls
(1) The governor of a correctional centre must cause a register of all telephone calls made by inmates to be kept at the correctional centre.(2) The register must contain the date and duration of each call and a note as to whether or not it was monitored.cll 129–131: Am 14.5.1999.
130 Signs
The governor of a correctional centre must cause to be attached to or near each telephone at the correctional centre from which inmates may make calls a sign stating (in the English language and in one or more other languages) that calls from the telephone may be monitored.cll 129–131: Am 14.5.1999.
Division 8 General
131 Supply of information concerning offences to police
(1) A correctional officer acting under an authority conferred by this Part 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 adversely affect the security, discipline or good order of the correctional centre, ormust immediately report the circumstances to the governor of the correctional centre.(b) relates to a criminal offence which has been or may be committed,Maximum penalty: 10 penalty units.(2) The governor of a correctional centre who is of the opinion that a letter, parcel or other article the subject of such a report contains information or any other thing that may be required for the purpose of the administration of justice may:(a) furnish particulars of the information or thing to a police officer, and(b) deliver the letter, parcel, article or thing to a police officer.cll 129–131: Am 14.5.1999.
Part 9A Biometric identification system
pt 9A (cll 131A, 131B): Ins 24.10.1997.
131A Operation of biometric identification system in correctional centres
(1) The Commissioner may authorise the operation in correctional centres of a biometric identification system for the purposes of controlling access to correctional centres by all persons (including correctional officers).(2) The system is designed to ensure that each person who enters a correctional centre for the purposes of:(a) conducting a visit, oris the same person who leaves the correctional centre after conducting that visit or carrying out those duties or activities.(b) carrying out duties or activities requiring access to the correctional centre,(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.(4) A person may be denied access to a correctional centre if the person refuses to comply with any such requirement.(5) 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.(6) This clause does not apply in respect of any person who is under the age of 18 years, but it does apply in respect of such a person if:(a) the person has previously been the subject of a direction by the Commissioner under clause 114, 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 an inmate of the correctional centre.(7) This clause has effect despite any provision of Part 9.pt 9A (cll 131A, 131B): Ins 24.10.1997.
131B Privacy and security safeguards
(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 and photo image must not be made, stored and 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 an officer of the Department) to gain access to any information 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 a person who is not an officer of the Department 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.Maximum penalty: 20 penalty units.pt 9A (cll 131A, 131B): Ins 24.10.1997.
Part 10 Requests and complaints
Division 1 Official Visitors
132 Notice of availability of Official Visitors
(1) The governor of a correctional centre must notify all correctional centre staff and inmates at the correctional centre of the date and time when the Official Visitor to the correctional centre will be at the correctional centre and available for interviews.(2) The governor of a correctional centre must, if aware that an inmate considers a complaint or inquiry made by the inmate has not been dealt with satisfactorily by the correctional centre staff, advise the inmate that the inmate may request an Official Visitor to deal with it.cll 132: Am 14.5.1999.
133 Complaints and inquiries: how dealt with
(1) An Official Visitor who receives a complaint or inquiry must:(a) immediately record it in the Official Visitor’s official diary, and(b) if the Official Visitor considers it necessary, clarify its details with the correctional officer or inmate concerned, and(c) ascertain from the correctional officer or inmate what action has been taken or information provided in response to it, and(d) complete and send to the Commissioner an Official Visitors’ record form (containing particulars of action taken) for statistical purposes.(2) An Official Visitor must:(a) if the Official Visitor considers that the complaint or inquiry can be resolved quickly by bringing it to the attention of the governor of the correctional centre, inform the governor of it and attempt to have it resolved at that level, or(b) advise the correctional officer or inmate concerned of any other action that the Official Visitor thinks may be taken by the correctional officer or inmate with respect to the complaint or inquiry, or(c) with the consent of the correctional officer or inmate concerned, refer the complaint or inquiry on behalf of the correctional 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 must not:(a) interfere with the management or discipline of the correctional centre, or(b) give any instructions to correctional centre staff or inmates.(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 correctional centre and the nature and substance of any complaints or inquiries received.cll 133: Am 14.5.1999.
134 Reports by Official Visitors
(1) The periodic report of an Official Visitor 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, in the opinion of the Official Visitor, a complaint or inquiry received by the Official Visitor requires the immediate attention of the Minister.cl 134: Am 31.3.2000.
Division 2 General
135 Requests to governor
(1) A correctional officer to whom an oral or written request by an inmate for permission to speak with the governor of the correctional centre is addressed or delivered must, without unreasonable delay, convey it to the governor.Maximum penalty: 5 penalty units.(2) The governor of a correctional centre:(a) to whom such a request is conveyed, ormust give the inmate an opportunity to speak with the governor on the day on which the request is conveyed or made or as soon as is practicable after that day.(b) to whom an oral or written request by an inmate for permission to speak with the governor is addressed or delivered directly,(3) The governor must consider what the inmate has to say and if, as a consequence of that consideration, the governor:(a) takes or proposes to take any action, the governor must orally inform the inmate of the action taken or proposed to be taken, or(b) does not propose to take any action, the governor must orally inform the inmate to that effect.cll 135–138: Am 14.5.1999.
136 Requests to Minister, Commissioner or Official Visitors
(1) A correctional officer to whom an oral or written request by an inmate for permission to speak with the Minister, the Commissioner or the Official Visitor with respect to a specific matter is addressed or delivered must, without unnecessary delay, convey it to the governor of the correctional centre.Maximum penalty: 5 penalty units.(2) The governor of a correctional centre:(a) to whom such a request is conveyed, ormust make a written record of it in a journal.(b) to whom an oral or written request by an inmate for permission to speak with the Minister, the Commissioner or the Official Visitor with respect to a specific matter is addressed or delivered directly,(3) The governor of a correctional centre must, if a request relates to a matter which the governor can dispose of personally:(a) as soon as practicable after the request is conveyed or made, dispose of the matter by taking such action as the governor considers appropriate (which action may consist of or include making a recommendation to the Commissioner), and(b) make a written record in the journal referred to in subclause (2) of the action taken (which record must include particulars of any such recommendation), and(c) 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) The governor of a correctional centre must, if a request relates to a matter which the governor cannot dispose of personally, cause the person with whom the inmate wished to speak to be informed of the request when that person next attends the correctional centre.cll 135–138: Am 14.5.1999.
137 Complaints to Minister or Commissioner
(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 correctional centre, or(b) the administration or management of the correctional centre.(2) An inmate who wishes to complain about a matter which the governor of the correctional centre can dispose of personally must first make a request for permission to speak with the governor regarding the matter.(3) An inmate may place a complaint in a sealed envelope addressed to the person to whom it is made and deliver it to a correctional officer or the governor of the correctional centre.(4) A correctional officer or the governor of a correctional centre to whom an inmate delivers an envelope addressed to the Minister or the Commissioner:(a) must send the envelope immediately to the addressee, and(b) must not open the envelope or allow its contents to be inspected or read by anyone except the person to whom it is addressed or some person authorised by that person.Maximum penalty (subclause (4)): 5 penalty units.cll 135–138: Am 14.5.1999.
138 Mischievous complaints
An inmate must not make a complaint against the governor of the correctional centre or a correctional officer knowing that the complaint is false or misleading in a material particular.cll 135–138: Am 14.5.1999.
Part 11 Procedure for release of inmates
pt 11, hdg: Subst 14.5.1999.
139 Notification concerning welfare organisations
When an inmate is about to be released from a correctional centre, the governor of the correctional centre or an authorised correctional officer must:(a) inform the inmate of:(i) such agencies and organisations as may be able to assist the inmate to adapt to living outside a correctional centre, and(ii) such other agencies and organisations concerned with the welfare and care of persons released from a correctional centre which may be able to assist the inmate, and(b) notify such of those agencies and organisations as the inmate may indicate of the inmate’s name and the date of the inmate’s proposed release.cll 139–143: Am 14.5.1999.
140 Pre-release interview and inspection
(1) The governor of a correctional centre or an authorised correctional officer must interview an inmate who is about to be released from a correctional centre and, if the inmate is being released on licence, parole, recognizance or a bail undertaking, explain to the inmate:(a) the terms on which the inmate is being released, and(b) the result that may follow if any of those terms is breached by the inmate.(2) The governor of the correctional centre must, before the interview, give or cause to be given to the inmate an opportunity to inspect:(a) any of the inmate’s personal property which is in the governor’s custody, and(b) any official correctional centre records relating to money belonging to the inmate.cll 139–143: Am 14.5.1999.
141 Complaints relating to personal property
(1) An inmate about to be released from a correctional centre who, on inspection of personal property in the custody of the governor of the correctional centre and the inmate’s official correctional centre records, wishes to complain about the condition of, or any deficiency in, the property or any mistake in the records may deliver a written complaint to the governor of the correctional centre or a correctional officer.(2) A correctional officer who receives such a complaint must, without unnecessary delay, convey it to the governor of the correctional centre.Maximum penalty: 5 penalty units.(3) The governor of the correctional centre must:(a) investigate (or cause to be investigated) any complaint received, and(b) report the result (or cause it to be reported) to the inmate at the inmate’s pre-release interview.(4) If it is brought to the attention of the governor:(a) that the result of any such investigation is not to the satisfaction of the inmate, orthe governor must, without unnecessary delay, notify the Commissioner of the complaint and the result of the investigation, or the fact that the investigation has not been completed.(b) that any such investigation has not been completed before the release of the inmate,cll 139–143: Am 14.5.1999.
142 Receipt for property
An inmate must sign a receipt for any personal property or money delivered to the inmate immediately before release from a correctional centre.cll 139–143: Am 14.5.1999.
143 Return of Departmental property
(1) An inmate must, immediately before release from a correctional centre, return to a correctional officer authorised by the governor of the correctional centre for the purpose all Departmental property (including library material, clothing and equipment) issued to the inmate.(2) An inmate who is not able to comply with subclause (1) must explain the inability to comply to the authorised correctional officer.Maximum penalty (subclause (2)): 5 penalty units.cll 139–143: Am 14.5.1999.
Part 12 Correctional centre discipline
pt 12, hdg: Subst 14.5.1999.
Division 1 Preliminary
144 Definitions
(1) In this Part:breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s blood carried out on the person’s breath by means of a device known by the name of “Alcotest” or “Alcometer” manufactured by or on behalf of Lion Laboratories Limited.force includes threat of the use of force and carriage and use of instruments of restraint.instruments of restraint includes handcuffs, batons, chemical aids, firearms and such other articles as may be approved and issued by the Commissioner for use as instruments of restraint, but does not include chains and irons.(2) For the purposes of this Part, an inmate has a thing in possession if the inmate has the thing in the inmate’s custody or under the inmate’s control.cl 144: Am 14.5.1999.
145 Correctional centre offences: section 51, definition of “correctional centre offence”
A contravention by an inmate (whether by act or omission) of:(a) a provision of this Regulation specified in Part 1 or 2 of Schedule 3, oris declared to be a correctional centre offence for the purposes of Division 6 of Part 2 of the Act.(b) a condition of an interstate leave permit, a local leave order or a local leave permit,cl 145: Am 8.3.1996; 14.5.1999. Subst 31.3.2000.
146 Major offences: section 51, definition of “major offence”
A contravention by an inmate (whether by act or omission) of a provision of this Regulation specified in Part 1 of Schedule 3 is declared to be a major offence for the purposes of Division 6 of Part 2 of the Act.cl 146: Am 8.3.1996; 22.3.1996; 14.5.1999. Subst 31.3.2000.
Division 2 Maintenance of order and discipline
147 Maintenance of order and discipline: generally
(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 correctional centre.(2) In the control of inmates, correctional officers are required to seek to influence them through their own example and leadership and to enlist their willing cooperation.(3) At all times the treatment of inmates is to be such as to encourage their self-respect and a sense of personal responsibility.cll 147–167: Am 14.5.1999.
148 Directions relating to order or discipline
(1) The Commissioner, the governor of a correctional centre or a correctional officer may give oral or written directions to inmates for the purpose of maintaining good order or discipline.(2) An inmate must not refuse or fail to comply with any such reasonable direction.cll 147–167: Am 14.5.1999.
149 Use of force
(1) In dealing with an inmate, a correctional officer or correctional officers must 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 extent and nature of the force will be dictated by the situation and must be limited to that essential for the purposes of control and protection, but with due regard to the personal safety of correctional officers and others.(3) If an inmate is satisfactorily restrained, force must not be used against the inmate except any force necessary to maintain that restraint.(4) A correctional officer must not act deliberately in a manner calculated to provoke an inmate.(5) 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 unauthorised 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, if the officer cannot otherwise protect himself or herself from harm,(e) to protect other persons, including correctional officers, inmates, administrative officials, and members of the public from attack or harm, 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, 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, if an inmate is failing to cooperate with a lawful correctional centre requirement in a manner which cannot otherwise be adequately controlled,(i) to move inmates who decline or refuse to transfer 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) for any other purpose which has a degree of seriousness comparable to the degree of seriousness of any of the situations referred to in paragraphs (a)–(m).Maximum penalty: 10 penalty units.cll 147–167: Am 14.5.1999.
150 Use of instruments of restraint
As an aid to the use of force, a correctional officer may, with the concurrence of the governor of the correctional centre, use instruments of restraint if the circumstances require it.cll 147–167: Am 14.5.1999.
151 Report on use of force
(1) A correctional officer who uses, or correctional officers who use, force on an inmate or inmates must without delay furnish a report about the use of force to the governor of the correctional centre.(2) The report must:(a) be in writing, and(b) 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) specify the location in the correctional centre where the use of force occurred, and(d) describe the nature of the force used and the circumstances requiring its use, and(e) be signed by the correctional officer involved in the use of force or, if more than one correctional officer was involved, by one or more of those correctional officers.(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.Maximum penalty: 5 penalty units.cll 147–167: Am 14.5.1999.
Division 3 Particular offences
152 Concealment for purpose of escape
An inmate must not conceal himself or herself for the purpose of effecting an escape.cll 147–167: Am 14.5.1999.
153 Articles intended for use in escapes or other offences
An inmate must not make, conceal or have in possession anything intended by the inmate to be used for the purpose of:(a) effecting the escape of an inmate, or(b) enabling an inmate to commit any other offence.cll 147–167: Am 14.5.1999.
154 Behaviour of inmates
(1) An inmate must not use insulting, abusive or threatening language to or in the presence of another person.(2) An inmate must not wilfully and obscenely expose his or her person to another person.(3) An inmate must not otherwise behave in an obscene manner in the presence of or towards another person.(4) An inmate must not threaten to damage or destroy any property of another person.(5) An inmate must not otherwise behave in a threatening manner towards another person.cll 147–167: Am 14.5.1999.
155 Obstruction of correctional officers
An inmate must not wilfully hinder or obstruct a correctional officer in the performance of the officer’s duties.cll 147–167: Am 14.5.1999.
156 Fighting or other physical combat
(1) An inmate must not engage in wrestling, sparring, fighting or other physical combat with another inmate.(2) Subclause (1) does not prevent an inmate from engaging in an activity as a necessary incident of taking part in training or a contest or other sporting event, in each case organised for inmates by the governor of the correctional centre or a correctional officer.cll 147–167: Am 14.5.1999.
157 Assaults
An inmate must not assault another person.cll 147–167: Am 14.5.1999.
158 Riots
(1) An inmate must not incite another inmate to participate in a riot.(2) An inmate must not participate in a riot.cll 147–167: Am 14.5.1999.
159 Injuring animals
An inmate must not maim, wound or cruelly ill-treat an animal.cll 147–167: Am 14.5.1999.
160 Damaging property
An inmate must not, without reasonable excuse, damage or destroy any property (other than property of the inmate).cll 147–167: Am 14.5.1999.
161 Throwing articles
(1) An inmate must not throw an article, or operate a device from which an article is projected, so as to cause a risk:(a) of injury to any person, or(b) of damage to any property.(2) Subclause (1) (b) does not prevent inmates from engaging in a sport or other activity organised for inmates by the governor of the correctional centre or a correctional officer.cll 147–167: Am 14.5.1999.
162 Unauthorised alteration or possession of correctional centre property
An inmate must not (unless authorised to do so by the Commissioner, the governor of the correctional centre or a correctional officer) 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, any fire extinguisher, firehose, instrument of restraint, electrical installation or any other appliance, equipment or property in or used in the correctional centre or the structure of the correctional centre (except in so far as it is reasonably necessary to do so in observing the normal routine of the correctional centre), or(b) any notice exhibited on a notice board at the correctional centre by or with the consent of the governor or the Commissioner, any inmate’s cell card or any other document used by the governor or a correctional officer for the purpose of administration of the correctional centre.cll 147–167: Am 14.5.1999.
163 Stealing
An inmate must not steal the property of another person.cll 147–167: Am 14.5.1999.
164 Tampering with food or drink
An inmate must not introduce into food or drink intended for human consumption anything liable to render it unpalatable or unwholesome.cll 147–167: Am 14.5.1999.
165 Tattooing prohibited
An inmate must not:(a) make a tattoo on himself or herself or another inmate, or(b) consent to being tattooed by another inmate.cll 147–167: Am 14.5.1999.
166 Gambling
An inmate must not organise or participate in any form of gambling.cll 147–167: Am 14.5.1999.
167 Consumption of alcohol
(1) An inmate must not have in his or her possession or consume any alcohol or other intoxicating substance or any substance reasonably capable of becoming (by fermentation) 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) if the inmate:(a) 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 (respectively), or(b) consumes the alcohol or other substance only in accordance with such instructions as are given by the medical practitioner, dentist or nurse or as an ordinary incident of participating in a religious service conducted at a correctional centre with the consent of the governor of the correctional centre.cll 147–167: Am 14.5.1999.
168 Use of drugs
(1) An inmate contravenes this clause:(a) if the inmate has any drug in his or her possession, or(b) if the inmate administers any drug to himself or herself or to any other person, or(c) if the inmate permits another person to administer any drug to the inmate, or(d) if the result of a urine test carried out in accordance with directions given by the governor of a correctional centre or a correctional officer of or above the rank of Assistant Superintendent:(i) shows the presence of a drug in the inmate’s urine, and(ii) indicates that the drug was administered to the inmate (whether by the inmate or by another person) while the inmate was an inmate.(2) An inmate does not contravene this clause:(a) by reason of subclause (1) (a), if the drug was lawfully supplied to the inmate by a registered medical practitioner, registered dentist or registered nurse, or(b) by reason of subclause (1) (b), (c) or (d), if the drug was:(i) administered on and in accordance with the prescription of a registered medical practitioner or registered dentist, or(ii) lawfully supplied by, and taken in accordance with the directions of, a registered medical practitioner, registered dentist or registered nurse, or(c) by reason of subclause (3), if the implement was in the possession of the inmate for the purposes of:(i) the administration of a drug on and in accordance with the prescription of a registered medical practitioner or registered dentist, or(ii) taking a drug lawfully supplied by a registered medical practitioner, registered dentist or registered nurse.(3) 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.(4) An inmate must not deliberately inhale petrol, glue or any other solvent based product.cl 168: Am 14.5.1999; 16.2.2001.
168A Smoking by inmates in non-smoking areas of correctional centres prohibited
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.cl 168A: Ins 20.9.1996. Am 14.5.1999.
169 Bribery prohibited
An inmate must not:(a) offer, make or give to a person who is an officer or a temporary employee in the Department any payment, gratuity or present, orin consideration or for the purpose that the person will neglect his or her duty, give preferred treatment or act in any other way otherwise than in accordance with the proper discharge of the person’s duties.(b) offer to provide or provide a service to any such person,cl 169: Am 14.5.1999.
Division 4 Punishments
170 Withdrawable privileges: section 51, definition of “withdrawable privilege”
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 or video or audio tapes or records,(d) use of, or access to, television, radio or video or cassette players, whether the item is for personal use or for use as a member of a group,(e) use of library facilities,(f) use of swimming pool,(g) ability to purchase goods,(h) keeping of approved personal property,(i) access to musical instrument, whether the instrument is for personal use or for use as a member of a group,(j) participation in a hobby,(k) use of telephone, except for calls to qualified legal practitioners,(l) participation in contact visits,(m) weekend leave,(n) day leave.cl 170: Am 31.3.2000.
171 Prohibited punishments
(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.Maximum penalty: 10 penalty units.(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, andare not solitary confinement.(d) keeping an inmate alone in a cell, where the medical officer considers that it is desirable in the interest of the inmate’s health to do so,cl 171: Am 14.5.1999; 31.3.2000.
Division 5 Testing for alcohol or drugs
172 Breath testing
(1) If the governor of a correctional centre or a correctional officer believes on reasonable grounds that an inmate has recently consumed or is affected by alcohol or any other intoxicating substance, the governor, or a correctional officer with the approval of the governor, may require the inmate to undergo a breath test in accordance with the directions of the person administering the test.(2) An inmate must not refuse or fail to comply with a reasonable requirement or direction made or given under this clause.cll 172: Am 14.5.1999.
173 Evidence as to presence of alcohol
(1) If it is necessary in proceedings for an offence under this Regulation to prove that an inmate has consumed alcohol or any other intoxicating substance, a certificate purporting to be signed by a correctional officer certifying that:(a) a person 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, andis prima facie evidence of the particulars certified in and by the certificate.(c) there was a measurable quantity of alcohol present in the inmate’s blood, as determined by the breath test, on the date and at the time stated in the certificate,(2) In any such proceedings, evidence of:(a) the condition of a device by means of which a breath test is carried out, oris not required unless evidence that the device was not in proper condition or that the test was not properly carried out has been adduced.(b) the manner in which the test was carried out,cll 173: Am 14.5.1999.
174 Urine sample where drug use suspected
(1) If the governor of a correctional centre or a correctional officer believes on reasonable grounds that an inmate:(a) has administered a drug to himself or herself (or has had a drug so administered), orthe governor, or a correctional officer of or above the rank of Assistant Superintendent with the approval of the governor, may require the inmate to supply a specimen of urine for testing or analysis and give directions as to how the specimen is to be supplied.(b) is affected by a drug,(2) An inmate must not refuse or fail to comply with a reasonable requirement or direction made or given under this clause.(3) If it is necessary in proceedings for an offence under this Regulation to prove that a requirement was made or a direction was given in accordance with subclause (1), a certificate purporting to be signed by the governor of the correctional centre or a correctional officer certifying that:(a) a requirement was made in accordance with that subclause for a specified inmate or all inmates of a specified class to supply a specimen of urine for testing or analysis by an analyst, oris prima facie evidence of the particulars stated in the certificate.(b) a direction was given in accordance with that subclause relating to how the specimen was to be supplied,cll 174: Am 14.5.1999; 16.2.2001.
175 Urine sample whether or not drug use suspected
(1) A correctional officer of the rank of Assistant Superintendent or above may require an inmate to supply for testing or analysis a specimen of urine and give directions as to how the specimen 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) A urine test must be carried out by an analyst within the meaning of clause 176.(4) A specimen 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 affected by a drug.(5) An inmate must not refuse or fail to comply with a reasonable requirement or direction made or given under this clause.cll 175: Am 14.5.1999; 16.2.2001.
176 Evidence as to use of drugs
(1) If it is necessary in proceedings for an offence under this Regulation to prove that an inmate was under the influence of a drug or that a drug was present in urine passed by an inmate, a certificate purporting to be signed by a correctional officer certifying any one or more of the following matters:(a) that the correctional officer had received a specimen of urine obtained in a specified manner,(b) that the correctional officer arranged for the specimen to be submitted for analysis by an analyst to determine the presence of any drugs in the inmate’s body or urine,is prima facie evidence of the particulars certified in and by the certificate.(c) that the container was sealed, and marked or labelled, in a specified manner,(2) In any such proceedings, a certificate purporting to be signed by an analyst certifying any one or more of the following matters:(a) that the analyst received in a container, on a specified day, a specimen of urine obtained from a specified inmate and submitted for analysis,(b) that the container, when received, was sealed, and marked or labelled, in a specified manner,(c) that on receipt of the container, the seal was unbroken,(d) that the analyst carried out an analysis of the specimen to determine the presence of drugs in the body or urine of the inmate from whom the specimen was obtained,(e) that the analyst determined that a specified drug was present or was present to a specified extent in the body or urine of the inmate from whom the specimen was obtained,is prima facie evidence of the particulars certified in and by the certificate.(f) that the analyst was, at the time of the analysis, an analyst within the meaning of this clause,(3) In any such proceedings, a certificate purporting to be signed by an analyst:(a) certifying a matter referred to in subclause (2) (a) is also prima facie evidence that the specimen was a specimen of urine obtained from the specified inmate, or(b) certifying the matters referred to in subclause (2) (b) and (c) is also prima facie evidence that the specimen had not been tampered with before it was received by the analyst.(4) In this clause:analyst means a person employed by the Government of New South Wales to carry out an analysis within the meaning of the Therapeutic Goods and Cosmetics Act 1972.cll 176–178: Am 14.5.1999.
177 Supply of test results to Corrections Health Service
The Commissioner may provide results of positive urine tests to the Chief Executive Officer, Corrections Health Service for use in monitoring the health of inmates.cll 176–178: Am 14.5.1999.
Part 13 Miscellaneous
178 Payment for work done by inmates (sec 20 of Act)
(1) An inmate who complies with conditions set by the Commissioner may receive credits of money for work done in accordance with scales determined from time to time by the Commissioner.(2) Inmates may expend such part of their credits as may be determined by the Commissioner for such purposes as are authorised by the Commissioner.(3) Any unexpended credits are to be paid to inmates on discharge from a correctional centre.cll 176–178: Am 14.5.1999.
179 Prohibited work
(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 person employed in the Department.cl 179: Am 14.5.1999; 31.3.2000.
180 Governor as informant in proceedings before Visiting Justices
In proceedings before a Visiting Justice under Part 4 of the Act (correctional centre discipline), the governor of a correctional centre may act as the informant.cl 180: Am 14.5.1999.
181 Monthly returns of punishments imposed by governors or Visiting Justices
The governor 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 punishment imposed during the preceding month.cll 181–185: Am 14.5.1999; 31.3.2000.
182 Disposal of records of punishments imposed by governors or Visiting Justices
For the purposes of section 61 (3) of the Act, a record of punishments imposed by the governor of a correctional centre or a Visiting Justice may be destroyed after it has been kept for 7 years.cll 181–185: Am 14.5.1999; 31.3.2000.
183 Lodging of appeals to District Court from decision of Visiting Justice
Notice of an intended appeal by an inmate referred to in section 62 of the Act is to be lodged with the governor of the correctional centre who must arrange for it to be sent to the registrar of the District Court.cll 181–185: Am 14.5.1999; 31.3.2000.
184 Applications for leave of absence: sections 26 and 29
(1) An application under section 26 or 29 of the Act for permission to be absent from a correctional centre on leave 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 (the “sponsor”).(3) A person must not make a statement in any such declaration knowing it to be false or misleading in a material particular.Maximum penalty: 10 penalty units.cll 181–185: Am 14.5.1999; 31.3.2000.
185 Additional functions of Review Council
(1) For the purposes of section 197 of the Act, the functions of the Review Council include the providing, 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 security classification of an inmate who has applied, under section 26 of the Act, for permission to be absent from a correctional centre unescorted to enable him or her to adapt to normal community life (“pre-release leave”), and(c) the probability that a serious offender:(i) who is serving a sentence with an additional term of his or her natural life, andwill be fit to be released on parole at the time the Council expects to advise the Parole Board 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(ii) who has applied for pre-release leave,(d) such other matters as are specified by the Commissioner.(2) The Review Council must review an application for pre-release leave referred to it and make such recommendations to the Commissioner in respect of the application as it thinks fit.(3) If the Review Council recommends the granting of an application for pre-release leave, the Commissioner must, when deciding whether or not to grant the application, take into account:(a) in the case of an application by a serious offender who is serving a sentence with an additional term of his or her natural life—any advice from the Review Council about the probability of the offender being fit to be released on parole, and(b) in any case—whether or not it is in the public interest.cll 181–185: Am 14.5.1999; 31.3.2000.
185A Matters to be considered concerning certain serious offenders
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 10, 11, 14 and 185.cl 185A: Ins 15.8.1997. Am 31.3.2000.
186 Records of proceedings: Sch 2, cl 17
(1) 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 Parole Board, and(b) the submissions (if any) made by any such person, and(c) the reasons (if any) stated in support of those submissions.(2) For the purposes of clause 17 (2) of Schedule 2 to the Act, the prescribed period after the expiration of which any record may be destroyed is the period of 5 years commencing with the day on which the record is made.cl 186: Am 12.4.1996; 15.8.1997; 14.5.1999. Subst 31.3.2000.
186A Delegation to committees of Review Council’s functions: clause 10 of Schedule 2
(1) In accordance with clause 10 (2) (c) of Schedule 2 to the Act, the following functions of the Review Council are prescribed as functions that the Council may delegate to a committee of the Council:(a) any function conferred by clause 11, and any other function relating to a variation in the classification, placement or development program of an inmate,(b) any function referred to in clause 185 (1) or (2).(2) Whenever any function delegated to a committee of the Review Council is exercised by such a committee in relation to an offender who is a person to whom section 199 of the Act applies, the committee, in the exercise of that function, is bound to observe the same requirements as are imposed by that section on the Review Council.cl 186A: Ins 31.3.2000.
187 Repeal
(1) The Prisons (General) Regulation 1989 is repealed.(2) Any act, matter or thing that, immediately before the repeal of the Prisons (General) Regulation 1989, had effect under that Regulation is taken to have effect under this Regulation.
188 Notice to victims about proposed change in security classification
(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 must:(a) set out the reasons for the consideration by the Review Council of a change in the security classification of the relevant offender, and(b) indicate that a submission made by a victim must be made in writing, and(c) 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.cll 188: Ins 27.3.1998. Am 31.3.2000.
189 Powers of correctional officers
For the purpose of performing the duties of a custodian of inmates 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.cll 189: Ins 27.3.1998. Am 31.3.2000.
Schedule 1 Notice
(Clause 25)
CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999
NOTICE
Information about Correctional Centre Discipline
1. The Crimes (Administration of Sentences) (Correctional Centre Routine) Regulation 1995 specifies correctional centre offences. Some of these (minor correctional centre offences) may be adjudicated on by the governor of the correctional centre. All may be adjudicated on by a Visiting Justice.
2. If you are charged by the governor of the correctional centre and are found guilty, the governor may impose one of the penalties specified in section 53 (1) of the Crimes (Administration of Sentences) Act 1999.
3. The governor must conduct an inquiry into any allegation of a minor correctional centre offence. You are not entitled to legal representation at this inquiry. If you do not understand the nature of the inquiry or understand English clearly you must inform the governor immediately so that assistance may be sought.
4. During or after the inquiry, the governor may refer the allegation to the Visiting Justice for determination.
5. If the Visiting Justice is to hear a charge, you are entitled to legal representation. This can be provided by the Prisoner Legal Service of the Legal Aid Commission. A representative of that Service attends most of the Visiting Justice’s hearings.
6. The Visiting Justice may impose a penalty as specified in section 56 (1) of the Crimes (Administration of Sentences) Act 1999. Such a penalty may increase the time you have to serve in a correctional centre.
sch 1: Subst 14.5.1999. Am 31.3.2000.
Schedule 2 Library rules
(Clause 63)
1.
The library will be open daily for the use of inmates at such times as may be determined or ordered by the governor of the correctional centre to suit the routine of the correctional centre.
2.
The governor of the correctional centre may issue directions or orders regulating the number of inmates who may use the library at any one time.
3.
An inmate may be permitted to borrow from the library no more than a total of 6 books, magazines, articles and other material at any one time for such period as may be determined or ordered by the governor.
4.
If an inmate establishes a special need, the governor of the correctional centre may permit the inmate to retain books, magazines, articles or other material for such further period as may be determined by the governor.
5.
An inmate, on receipt of a book, magazine, article or other material issued to the inmate on loan from the library, is required to examine it and, if it is damaged or otherwise defective, point out the damage or defect to the person who issued it to the inmate.
6.
An inmate must be held responsible for all books, magazines, articles and other material issued to the inmate on loan from the library and must carefully preserve them.
7.
An inmate must not exchange or pass on to another inmate any book, magazine, article or other material issued to the inmate on loan from the library.
8.
An inmate must, before discharge or transfer to another correctional centre, return to the library all books, magazines, articles and other material issued to the inmate on loan from the library.
9.
Any book and other material acquired and provided on loan for the use of any inmate undertaking a special course of study, unless purchased by the inmate on terms and conditions approved by the Commissioner of Corrective Services, must be returned on discharge of the inmate or on completion of or withdrawal from the course of study.
10.
An inmate who borrows any item from the library does so only on the condition that:the inmate agrees to pay the cost of replacing the item or of repairing it to the same condition as it was in when lent to the inmate.
(a) if the item is not returned on time, or
(b) if the item is returned in a damaged condition,
sch 2: Am 14.5.1999.
Schedule 3 Correctional centre offences
(Clauses 145 and 146)
sch 3, hdg: Subst 14.5.1999. Am 16.2.2001.
Part 1 Major offences
Clause | Subject |
56C (a) | Use of condom as a weapon |
158 (1) | Inciting other inmates to riot |
158 (2) | Participating in riot |
168 (1) (a)–(c) | Possession or use of drugs |
169 | Bribery |
Part 2 Minor offences
Clause | Subject |
6 | Inmates not to enter other accommodation |
21 (2) | Inmates to supply personal particulars |
24 (5) | Inmates to allow themselves to be searched |
33 | Property to be kept in a tidy and orderly manner |
35 (1) | Possession of unauthorised property |
39 (1) | Inmates to comply with correctional centre routine |
40 (1) | Inmates to attend musters |
40 (2) | Unauthorised operation of bells, hooters, sirens or whistles |
41 | Avoidance of correctional centre routine |
44 (2) | Unauthorised purchase of food |
45 | Possession of unauthorised food |
48 | Prohibition of trading in food |
49 | Personal cleanliness |
50 (1) | Cleanliness of cells and issued articles |
50 (2) | Damaging, destroying or defacing cells |
50 (3) | Preservation of clothing, bedding and other issued articles |
54 (1) | Wearing of correctional centre clothing |
56 (2) | Unconvicted inmates and civil inmates may be required to clean yards |
56B | Unauthorised possession of condoms |
56C (b) | Unauthorised use of condom (otherwise than as weapon) |
56D | Unauthorised disposal of condoms |
59 | Regulation of inmates attending classes |
66 | Return of borrowed library items |
76 (4) | Desecration or abuse of religious items |
106 (1) (b) | Conveying or delivering to, or receiving from, visitors unauthorised articles |
116 (3) | Sending or receiving unauthorised letters or parcels |
117 | Sending of prohibited letters, parcels or articles |
122 | Making of unauthorised telephone calls |
124 | Unauthorised telephone conversations with inmates at other correctional centres |
138 | Mischievous complaints |
148 (2) | Disobeying directions |
152 | Concealment for purpose of escape |
153 | Articles intended for use in escapes or other offences |
154 | Behaviour of inmates |
155 | Obstruction of correctional officers |
156 (1) | Fighting or other physical combat |
157 | Assaults |
159 | Injuring animals |
160 | Damaging property |
161 (1) | Throwing articles |
162 | Unauthorised alteration or possession of correctional centre property |
163 | Stealing |
164 | Tampering with food or drink |
165 | Prohibition of tattooing |
166 | Gambling |
167 (1) | Possession or consumption of alcohol |
167 (2) | Preparation or manufacture of alcohol |
168 (1) (d) | Urine test shows presence of drugs |
168 (3) | Possession of drug implements |
168 (4) | Inhalation of petrol, glue or other solvents |
168A (a) | Smoking in non-smoking area |
168A (b) | Altering, damaging or removing non-smoking sign or smoking sign |
172 (2) | Breath testing |
174 (2) | Refusing or failing to provide urine sample |
175 (5) | Refusing or failing to provide urine sample |
sch 3: Am 22.3.1996; 20.9.1996; 14.5.1999; 31.3.2000; 16.2.2001.