CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999

New South Wales Consolidated Acts

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- 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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