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CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999
- As at 19 February 2024
- Act 93 of 1999
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
Note
1. Name of Act
2. Commencement
2A. Objects of Act
3. Interpretation
PART 2 - IMPRISONMENT BY WAY OF FULL-TIME DETENTION
Note
Division 1 - Preliminary
4. Application of Part
5. Obligations of inmate
6. Work performed by inmates
7. Payments to inmates
7A. Deductions from remuneration earned by inmates on external work release program
8. Release from custody
8A. Delayed release from custody
Division 2 - Segregated and protective custody
9. Definitions
10. Segregated custody of inmates
11. Protective custody of inmates
12. Effect of segregated or protective custody direction
13. Form of direction
14. Information concerning review of segregated or protective custody direction
15. Transfer of inmate held in segregated or protective custody
16. Review of segregated or protective custody direction by Commissioner
17. Revocation of segregated or protective custody direction
18. Report to Minister on segregated or protective custody direction
19. Review of segregated or protective custody direction by Review Council
20. Suspension directions by Review Council
21. Procedure for review of segregated or protective custody direction by Review Council
22. Determination of review by Review Council
Division 3 - Transfer and leave of absence
Subdivision 1 - Transfer and leave of absence within New South Wales
23. Transfers from one correctional centre to another
24. Transfers to hospital
25. Local leave orders
26. Local leave permits
26A. Conditions of leave as to non-association and place restriction
Subdivision 2 - Interstate leave of absence
27. Definitions
28. Corresponding interstate law
29. Issue of interstate leave permit
30. Effect of interstate leave permit
31. Variation or revocation of interstate leave permit
32. Breach of interstate leave permit
33. Notice to participating State and transit jurisdiction
34. Effect of interstate leave permit issued under corresponding interstate law
35. Arrest of escaped interstate prisoners
36. Return of escaped interstate prisoners to State of origin
37. Liability of Crown for damage caused by inmate or escort
Subdivision 3 - Miscellaneous
38. Absent inmates taken to be in custody
39. Powers of arrest
40. Certain unlawful absences not to affect length of sentence
41. Transfer of inmates to or through ACT
Division 3A - Juvenile inmates
41A. Definitions
41B. Custody of section 28 juvenile inmates
41C. Transfers to and from juvenile correctional centres
41D. Procedure to be followed by Review Council as to transfer of juvenile inmate to adult correctional centre
Division 4 - Full-time detainees received from Australian Capital Territory
42. Definitions
43. Application of Division
44. Conveyance and detention of full-time detainees from ACT
45. Return of full-time detainees to ACT
46. Evidentiary provision
Division 5 - Prisoners received from Norfolk Island
47. Definitions
47A. Application of Division
48. Conveyance and detention of prisoners from Norfolk Island
49. Return of prisoners to Norfolk Island
50. Evidentiary provision
Division 6 - Correctional centre discipline
51. Definitions
52. Hearing of charges by governor
53. Penalties governor may impose
54. Reference of offences to Visiting Magistrate
55. Hearing of charges by Visiting Magistrate
56. Penalties Visiting Magistrate may impose
56A. Penalty for use or possession of a mobile phone
57. Drug tests for inmates
58. Certain offences may be dealt with by Local Court
59. Compensation for property damage
60. Cumulative punishments
61. Record of punishments for correctional centre offences
62. Appeals against decisions of Visiting Magistrates
63. Double jeopardy
64. False or misleading statements
65. Offences may be dealt with by governor of any correctional centre
65A. Behaviour management policies
Division 7 - Classification of serious offenders
66. Application of Division
67. Formulation of Review Council’s initial intention
68. Submissions by victims
69. Review Council to consider all submissions
70. Decision following review
71. Submissions by State
Division 8 - Miscellaneous
72. Custody of inmates
72A. Medical attention
73. Compulsory medical treatment
74. Notice to coroner of inmate’s death
75. Confiscation of property
76. Sale of unclaimed property
76A. Inmates’ money
77. Attendance of inmates before courts and court officers
78. Use of dogs in maintaining good order and security
78A. Separation and other variations in conditions of custody of inmates
78B. Recording of conversations made over cell call alarm systems
79. Regulations
PART 3 - IMPRISONMENT BY WAY OF INTENSIVE CORRECTION IN THE COMMUNITY
Division 1 - Preliminary
80. Definition
81. Conditions governing intensive correction orders
81A. Conditions-Parole Authority
82. Administration of intensive correction orders and obligations of offenders
82A. Suspension of certain conditions of intensive correction order
83. Duration of intensive correction order
Division 2 - (Repealed)
None
Division 3 - Breach of intensive correction order
Note
88. Definition
89, 90. (Repealed)
91. Interim suspension of ICO
Division 4 - Miscellaneous
92-101. (Repealed)
PART 4 - (Repealed)
None
PART 4A - IMPRISONMENT BY WAY OF COMPULSORY DRUG TREATMENT DETENTION
Note
Division 1 - Preliminary
106A. Definitions
106B. Objects of compulsory drug treatment
106C. Obligations of offender
106D. Stages of compulsory drug treatment detention
106E. Duration of compulsory drug treatment order
Division 2 - Administration of compulsory drug treatment orders
Subdivision 1 - Compulsory drug treatment personal plans
106F. Compulsory drug treatment personal plans
106G. Variation of conditions of personal plan
106H. Mandatory conditions of all personal plans
106I. Sanctions for non-compliance with personal plan
106J. Rewards for compliance with personal plan
106K. No appeal from decisions of Drug Court or Commissioner
Subdivision 2 - Initial allocation and movement between stages of compulsory drug treatment detention
106L. New offenders in compulsory drug treatment detention allocated to Stage 1
106M. Progression and regression between stages of detention
106MA. Director may make regression directions
106N. Assessment reports
106O. Community supervision orders
106P. Commissioner of Corrective Services may make regression and removal orders in special circumstances
Division 3 - Revocation of compulsory drug treatment order
106Q. Revocation of compulsory drug treatment order
106R. Effect of revocation order
106S. Warrants committing offenders to correctional centres
Division 4 - Parole for offenders in compulsory drug treatment detention
106T. Drug Court is parole authority for offenders in compulsory drug treatment detention
Division 5 - Miscellaneous
106U. Formal assessment by Director
106V. Application of Part 2 to Stages 1 and 2 compulsory drug treatment detention
106W. Conviction and sentencing of offenders for certain offences while compulsory drug treatment order is in force
106X. Arrest warrants
106Y. Provision of information relating to offenders
106Z. Review of Compulsory Drug Treatment Correctional Centre
106ZA. Regulations
PART 4B - ADMINISTRATION OF COMMUNITY CORRECTION ORDERS
107. Definition
107A. Conditions governing community correction orders
107B. Administration of community correction orders and obligations of offenders
107C. Breach of community correction order
107D. Consequences of revocation of community correction order
107E. Suspension of certain conditions of community correction order
PART 4C - ADMINISTRATION OF CONDITIONAL RELEASE ORDERS
108. Definition
108A. Conditions governing conditional release orders
108B. Administration of conditional release orders and obligations of offenders
108C. Breach of conditional release order
108D. Consequences of revocation of conditional release order
108E. Suspension of certain conditions of conditional release order
PART 5 - COMMUNITY SERVICE WORK AND OTHER WORK PERFORMED BY OFFENDERS
Division 1 - (Repealed)
None
Division 2 - General provisions concerning community service work and other work performed by offenders
118. Definitions
119. Restrictions on directions regarding work to be performed
120. Act or omission of offender performing community service work
121. Act or omission of person involved in community service work
122. (Repealed)
123. Disclosure of material facts about health
124. Settlement of claims
PART 5A - RE-INTEGRATION HOME DETENTION
124A. Definitions
124B. Offenders for whom re-integration home detention order cannot be made
124C. Assessment of offender
124D. Offenders may be released subject to home detention conditions
124E. Order may be refused despite favourable assessment report
124F. Sentences of more than 3 years
124G. Duration of orders
124H. Conditions of orders
124I. Review of suitability for parole during re-integration period
124J. Regulations
PART 6 - PAROLE
Note
Division 1 - Release on parole
125. Application of Part
126. Eligibility for release on parole
127. Parole order necessary for release
128. Conditions of parole generally
128A. Conditions of parole as to non-association and place restriction
128B. Conditions of parole as to lifetime supervision
128C. Conditions as to supervision
128D. Parole Authority may exempt from supervision condition in exceptional circumstances
128E. Suspension of certain parole conditions
129. Obligations of offender
130. Revocation of parole order before release
131. Release under parole order
131A. (Repealed)
132. Sentence continues to run while offender on parole
133. Parole order not invalidated by failure to comply with procedural requirements
Division 2 - Parole orders for sentences of more than 3 years
Subdivision 1 - General
134. Application of Division
135. General duty of Parole Authority relating to release of offender
135A. Parole order must not be made where offender has not cooperated in locating victim’s body or remains
Subdivision 2 - Offenders other than serious offenders
136. Application of Subdivision
137. Consideration of parole when offender first eligible for parole
137A. Consideration of parole in subsequent years
137B. Consideration of parole so as to avoid manifest injustice
137C. Parole Authority may examine offender
138. Release of offender on parole
139. Notice to offender of decision to refuse parole
140. Conduct of hearing
141. Decision following review
141A. Submissions by Commissioner
Subdivision 3 - Serious offenders
142. Application of Subdivision
143. Consideration of parole when serious offender first eligible for parole
143A. Consideration of parole in subsequent years
143B. Consideration of parole so as to avoid manifest injustice
143C. Parole Authority may examine serious offender
144. Formulation of Parole Authority’s initial intention
145. Notice to victims of intention to grant parole
146. Notice to serious offender of intention to refuse parole
147. Conduct of hearing
148. Principles on which Parole Authority’s final decision to be made
149. Decision following review
150. Decision where no review
151. Release of serious offender on parole
152. Reasons to be provided for rejection of Review Council’s advice
153. Submissions by State
153A. Withdrawal of offender information provided under Terrorism (High Risk Offenders) Act 2017
154. Matters to be considered concerning certain serious offenders
154A. Serious offenders the subject of non-release recommendations
Subdivision 4 - Applications to Supreme Court
155. Application to Supreme Court by offender
156. Application to Supreme Court by State
157. Appearance in person of offender
Division 3 - Parole orders for sentences of 3 years or less
158. Statutory parole order
159. Making of parole orders by Parole Authority
Division 3A - Parole orders for terrorism related offenders
159A. Definitions
159B. Offenders to whom Division applies
159C. Limitation on release on parole of terrorism related offenders
159D. General provisions relating to terrorism related offenders
Division 4 - Parole orders in exceptional circumstances
160. Parole orders in exceptional circumstances
160AA. Submissions by Commissioner
Division 4A - Parole orders for prisoners received from Norfolk Island
160AB. Definitions
160AC. Parole orders for prisoners from Norfolk Island
Division 4B - Prerogative of mercy
160AD. Governor may make parole order
Division 5 - Miscellaneous
160A. Relationship of parole orders to high risk offender orders
161. Regulations
161A. Provision of information by health service providers
PART 7 - REVOCATION AND REINSTATEMENT, AND SANCTIONS FOR BREACHES, OF CERTAIN ORDERS
Division 1 - Intensive correction orders
162. Conduct of inquiry into suspected breach of obligations
163. Actions by community corrections officer on breach of intensive correction order
164. Actions by Parole Authority on breach of intensive correction order
164AA. Circumstances for revocation in addition to non-compliance with intensive correction order
164A. Revocation orders
165. Parole Authority may reinstate revoked intensive correction order
165AA-165C. (Repealed)
Division 2
Division 2A - Re-integration home detention orders
168B. Definition of “revocation order”
168C. Conduct of inquiry into suspected breach of obligations
168CA. Actions by Commissioner or community corrections officer on non-compliance with re-integration home detention order
168D. Actions by Parole Authority on non-compliance with re-integration home detention order
168E. Circumstances for revocation in addition to non-compliance with re-integration home detention order
168F. Revocation orders
168G. Interim suspension of re-integration home detention order
Division 3 - Parole orders
169. Conduct of inquiry into suspected breach of obligations or medical recovery
170. Actions by Commissioner or community corrections officer on non-compliance with parole order
170A. Actions by Parole Authority on non-compliance with parole order
170B. Circumstances for revocation in addition to non-compliance with parole order
171. Parole revocation orders
172. Request by Attorney General, Minister or DPP to revoke parole
172A. Interim suspension of parole order
Division 4 - Post-revocation procedures and rights of appeal
173. Notice of revocation
174. Review of revocation
175. Decision after review
175A. Review not available in certain circumstances
Division 5 - Applications to Supreme Court
176. Application to Supreme Court by offender
177. Application to Supreme Court by State
178. Appearance in person of offender
Division 6 - Miscellaneous
179. Consequential revocation of other orders
179A. (Repealed)
179B. Revocation of consecutive intensive correction orders
180. Offenders to attend Parole Authority when called on
181. Warrants committing offenders to correctional centres
182. Functions may be exercised after order has expired
PART 8 - THE PAROLE AUTHORITY
Note
Division 1 - Constitution and functions
183. Constitution of Parole Authority
184. Divisions of Parole Authority
185. Functions of Parole Authority
185A. Establishment of guidelines
Division 2 - Inquiries
186. Power to require attendance of witnesses and production of documents
187. Examination by judicial member
188. Offences
189. Misconduct before Parole Authority
190. Rights of parties making submissions
191. Witnesses’ expenses
Division 3 - Miscellaneous
192. Report to Minister
192A. Minister to table report
193. Information concerning offenders and correctional centres
193A. Access to documents held by Parole Authority
193B. Recommendations to Commissioner
193C. Parole Authority decisions
194. Security of certain information
PART 9 - THE SERIOUS OFFENDERS REVIEW COUNCIL
Note
Division 1 - Constitution and functions
195. Constitution of Review Council
196. Divisions of Review Council
197. Functions of Review Council
197A. Review Council constituted by Chairperson alone in certain circumstances
198. Matters to be considered in relation to certain advisory functions
199. Matters to be considered in relation to offenders serving existing life sentences
Division 2 - Inquiries
200. Power to require attendance of witnesses and production of documents
201. Examination by judicial member
202. Offences
203. Misconduct before Review Council
204. Rights of parties making submissions
205. Witnesses’ expenses
Division 3 - Serious Offenders Management Committee
206. Establishment of Management Committee
207. Establishment of Management Committee subcommittees
208. Delegation to Management Committee of Review Council functions
Division 4 - Miscellaneous
209. Annual reports
209A. Security of certain information
PART 10 - (Repealed)
None
PART 11 - ADMINISTRATION
Note
Division 1 - Correctional complexes and correctional centres
224. Correctional complexes
225. Correctional centres
225A. Juvenile correctional centres
226. (Repealed)
Division 2 - Supervision of correctional centres
227. Visiting Magistrates
228. Official Visitors
229. Powers of Judges and Magistrates to visit and examine
230. Special inquiries
Division 3 - Staff
231. Staff generally
232. Commissioner
233. Governors of correctional centres
234. Commissioned and non-commissioned correctional officers
235. Functions of correctional officers
235A. Acquisition or use of assumed identity
235B. Commissioner’s instructions
235C. Transitional centre officers
235D. (Repealed)
235E. Functions of community corrections field officers
235F, 235G. (Repealed)
236. Oath to be taken by correctional officers
Division 4 - Health
236A. Functions of Justice Health
236B. Chief Executive, Justice Health, to have access to correctional centres, offenders and medical records
236C. Appointment of medical officers
236D. Delegation of functions of Chief Executive, Justice Health
Division 5 - Testing of correctional staff for alcohol and prohibited drugs
236E. Definitions
236F. Testing of staff for alcohol, prohibited drugs and steroids
236G. Testing where member of correctional staff attends hospital
236H. Protection from liability
236I. Regulations
Division 6 - Recognised interstate correctional officers
236J. Appointment of recognised interstate correctional officers
236K. Recognised interstate correctional officer to have correctional officer functions
Division 7 - Residential facilities
236L. Residential facilities
236M. Accommodation of offenders in residential facilities
236N. Managers of residential facilities
236O. Residential facility officers
Division 8 - Relationships with inmates and other offenders
236P. Definitions
236Q. Misconduct offence
Division 9 - Miscellaneous
236R. Prohibition on use of spit hoods
PART 12 - ENGAGEMENT OF CONTRACTORS
Note
237. Purpose for which contractors may be engaged
238. Management agreements
239. Submanagement agreements
240. Authorisation of correctional centre staff
241. Status of staff at correctional centre managed under agreement
241A. Testing of correctional centre staff for alcohol and prohibited drugs
242. Monitoring
243. Community advisory councils
244. Chief Executive, Justice Health, to have access to correctional centres, offenders and medical records
245. Investigation of corruption
246. Administrative complaints
247. Application of Government Information (Public Access) Act 2009
248. Minimum standards
PART 13 - CUSTODY OF PERSONS DURING PROCEEDINGS
Note
249. Definitions
250. Transport and detention of persons in custody
251. Designated officer
252. Places where persons in custody may be kept during transfer
252A. Correctional officers may provide assistance
253. Part subject to Children (Detention Centres) Act 1987
PART 13A - OFFENCES RELATING TO PLACES OF DETENTION
253A. Definitions
253B. Onus of proof regarding lawful authority, lawful excuse or reasonable excuse
253C. Trafficking
253D. Introduction or supply of syringes
253E. Unlawful possession of offensive weapons or instruments
253F. Inmate use or possession of a mobile phone
253FA. Unlawful possession of remotely piloted aircraft
253FB. Possession or operation of remotely piloted aircraft in prohibited airspace
253G. Miscellaneous offences
253H. Visitors must leave possessions in storage facilities
253I. Powers of correctional officers
253J. Conduct of search
253K. Use of dogs
253L. Use of reasonable force
253M. Safeguards
253MA. Use of reasonable force-visitors
253MB. Report on use of force
253N. Failure to comply with search
253O. Part does not derogate from other powers
253P. Admissibility of search evidence
253Q. (Repealed)
253R. Time within which proceedings must be taken
PART 14 - GENERAL
Note
254. Extension of sentence following unlawful absence from custody
255. Effect of extension of sentence
255A. Approvals for the purposes of the Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth
256-256B. (Repealed)
257. Disclosure of information
257A. Authority to disclose and exchange certain information
258. Supreme Court to review list of persons on remand who are in custody
259. Service of notices
260. Evidentiary certificates
261. Address of warrant
262. Effect of certain warrants
263. Exclusion of personal liability
264. Wearing or possession of correctional officer uniform by others
265. Impersonating correctional officer
266. Proceedings for offences
267. Research
268. Funds payable to certain organisations
269. Sheriff’s functions preserved
270. Prerogative of mercy preserved
271. Regulations
271A. Regulations relating to high risk offenders
272. Savings, transitional and other provisions
273. Review of Act
PART 15 - (Repealed)
None
PART 16 - VICTIMS REGISTER
277. Definitions
278. Meaning of “victim”
279. Victims Register
279A. Interested persons may be recorded in Victims Register
280. Family representatives of victims
281. Victims and interested persons may nominate representatives
282. Administration of Victims Register
283. Regulations
284. Notice to victims of re-integration home detention and parole consideration
284A. Notice to interested persons of re-integration home detention and parole consideration
285. Information to be given to victims and interested persons by Commissioner
286. Information to be given to victims and interested persons by Parole Authority
SCHEDULE 1
SCHEDULE 2
Schedule 3 (Repealed)
SCHEDULE 4
SCHEDULE 5
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