New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 228

228 Official Visitors

(1) The Minister may appoint Official Visitors for the purposes of this Act.

(2) Notice of any such appointment must be published in the Gazette.

(3) The following persons are not eligible to be Official Visitors--

(a) any person who is employed as a member of staff of Corrective Services NSW,

(b) any person who is to any extent responsible for the management of, or who is employed at or in connection with, a correctional centre,

(c) any person who has an interest in a management agreement,

(d) any person who has not made a declaration under clause 4 of Schedule 4.

(4) Official Visitors are to be assigned to specific correctional complexes and correctional centres by the Minister, or in accordance with arrangements approved by the Minister, and are to be assigned in such a way as to ensure that there is at all times at least one Official Visitor for each correctional complex and correctional centre.

(5) An Official Visitor for a correctional complex or correctional centre--

(a) unless prevented by illness or other sufficient cause, must visit the complex or centre at least once each month--

(i) for the purpose of giving interviews to correctional officers and other members of staff employed in Corrective Services NSW at the complex or centre, and

(ii) for the purpose of giving interviews to offenders held in custody at the complex or centre, and

(iii) for the purpose of examining the complex or centre, and

(b) may visit the complex or centre at any other time unless, in the opinion of the Commissioner, a visit would be undesirable for reasons of order or security, and

(c) must, in accordance with the regulations, receive and deal with complaints, and

(d) must, in accordance with the regulations, report to the Minister and the Inspector of Custodial Services at least once every 6 months, and

(e) has and may exercise such other functions as may be prescribed by the regulations.

(6) An Official Visitor's power to give interviews referred to in subsection (5) (a) may only be exercised with the consent of the interviewee, and does not include the power to conduct any investigation or carry out any audit.

(7) Schedule 4 has effect with respect to Official Visitors.