New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 267

267 Research

(1) In this section--

"research" means research in connection with--

(a) the administration or management of correctional centres or any other facilities administered or managed by Corrective Services NSW or a management company, or

(b) services provided to offenders by or on behalf of Corrective Services NSW or a management company, or

(c) the circumstances relating to offenders, or

(d) workplace or industrial relations matters relating to correctional centres or any other facilities administered or managed by Corrective Services NSW or a management company, or

(e) some other aspect of penology.

(2) A person must apply to the Commissioner for approval to conduct research that involves the person (or persons acting under the direction of that person) obtaining access to--

(a) information held by Corrective Services NSW or a management company, or

(b) facilities administered or managed by Corrective Services NSW or a management company, or

(c) persons employed in, or engaged by contract to, Corrective Services NSW or a management company, or

(d) persons in the custody of, or supervised by, Corrective Services NSW or a management company.

(3) In determining such an application, the Commissioner may have regard to any recommendations made by an ethics committee established by the Commissioner in accordance with the regulations.

(4) The Commissioner may approve an application subject to conditions or unconditionally, and may give access to such information, facilities or persons, or give access in such manner, as the Commissioner considers appropriate.

(5) If the Commissioner refuses to approve an application, the Commissioner must give the applicant reasons in writing for the refusal.

(6) A person to whom any such access is given must not use any information obtained in connection with that access, or created as a result of that access, in a manner--

(a) that contravenes any conditions imposed by the Commissioner as to its use, or

(b) that enables the identity of any person to whom the information relates to be ascertained.

: Maximum penalty--2 penalty units.

(7) Corrective Services NSW may, either alone or in conjunction with a university body or another person or organisation, undertake research in connection with matters referred to in subsection (1).