New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 38

38 Absent inmates taken to be in custody

(1) This section applies to an inmate who is absent from a correctional centre in any of the following circumstances--

(a) while performing community service work or other work outside a correctional centre, as referred to in section 6 (2),

(b) while being transferred from one correctional centre to another, as referred to in section 23 or 41C,

(c) while at a hospital or other place referred to in section 24, or while being transferred between a correctional centre and such a hospital or place,

(d) while absent from a correctional centre in accordance with a local leave order,

(e) while absent from a correctional centre in accordance with a local leave permit,

(f) while absent from a correctional centre in accordance with an interstate leave permit,

(f1) while absent from a correctional centre in accordance with an approval granted under section 255A,

(g) while being transferred from one part of a correctional centre to another part of the correctional centre located on separate premises.

(2) An inmate who is absent from a correctional centre in any of the circumstances referred to in subsection (1) is taken to be in custody as follows--

(a) if not escorted by a correctional officer, the inmate is taken to be in the custody of the governor of the correctional centre from which he or she is absent,

(b) if escorted by a correctional officer employed in a correctional centre, the inmate is taken to be in the custody of the governor of the correctional centre in which the correctional officer is employed,

(c) if escorted by a correctional officer not employed in a correctional centre, the inmate is taken to be in the custody of the designated officer.

(3) An inmate is not taken to be absent from a correctional centre merely because the inmate is in some other part of a correctional complex of which the correctional centre forms part.

(4) In this section--

"correctional officer" includes--

(a) a person employed on a temporary basis within Corrective Services NSW to perform some or all of the duties of a correctional officer, and

(b) a person holding an authority under section 240 to perform escort duties.

"designated officer" means the person for the time being holding or acting in the position within Corrective Services NSW designated by the Commissioner for the purposes of this section.