New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 16

16 Review of segregated or protective custody direction by Commissioner

(1) The governor of a correctional centre where an inmate is held in segregated or protective custody must submit a report about the segregated or protective custody direction to the Commissioner within 14 days after the date on which the direction is given (
"the relevant date" ), regardless of whether the segregated or protective custody direction was given by the Commissioner or by the governor of a correctional centre.

(2) Within 7 days after receiving the report, the Commissioner must review the segregated or protective custody direction and give one of the following directions--

(a) a direction revoking the segregated or protective custody direction,

(b) a direction confirming the segregated or protective custody direction,

(c) a direction confirming the segregated or protective custody direction but amending its terms.

(3) If the direction is confirmed, the governor of the correctional centre where the inmate is held in segregated or protective custody must submit a further report about the direction to the Commissioner within 3 months after the relevant date, and within each subsequent period of 3 months after that period.

(4) Within 7 days after each occasion on which the Commissioner receives any such further report, the Commissioner must review the segregated or protective custody direction and give one of the directions referred to in subsection (2) (a)-(c).

(5) The confirmation of a segregated or protective custody direction by the governor of a correctional centre under section 15, or by the Review Council under section 22, does not affect the requirements for reporting about and reviewing a segregated or protective custody direction under this section.

(6) A direction by the Commissioner revoking, confirming or amending a segregated or protective custody direction has effect even though it is given outside the period during which it is required to be given under this section.

(7) In this section--

"report" , in relation to a segregated or protective custody direction, means a report recommending whether or not the segregated or protective custody direction should be revoked, confirmed or amended.