New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 79

79 Regulations

(1) The regulations may make provision for or with respect to the following matters--

(a) the management, control, administration, supervision and inspection of correctional centres and correctional complexes,

(b) the procedure to be followed when admitting an inmate into a correctional centre, including the procedure for accepting or refusing custody of property in an inmate's possession when the inmate is admitted,

(b1) the preparation and implementation of plans of management in respect of inmates, and the provision of services and programs in respect of inmates,

Note : See also section 271A.

(c) the classification of inmates into different categories and the separation of inmates by reference to the categories into which they have been classified,

(c1) the designation of inmates for the purposes of or in connection with the management of security and other risks,

(d) the procedure to be followed when releasing an inmate from a correctional centre, including the procedure for returning property accepted from an inmate when the inmate was admitted into the correctional centre,

(e) the physical, psychological and spiritual welfare of inmates while in custody and following their release,

(f) the kind of work that a convicted inmate may be directed to carry out under section 6 and the circumstances in which such a direction may be given,

(g) the expenditure of money (or money's worth) by inmates,

(h) the circumstances in which an inmate may lawfully acquire or retain possession of property (including money) within a correctional centre,

(h1) the forfeiture and disposal of an inmate's abandoned or unclaimed property (including money), or of unhygienic or otherwise dangerous property (including money) received from, or sent to, an inmate,

(h2) the seizure, forfeiture and destruction or other disposal of any property (including money)--

(i) brought into a correctional centre or correctional complex by any person in contravention of this Act, the regulations or any other law, or

(ii) found within, sent to or delivered to a correctional centre or correctional complex and that it is unlawful for an inmate to acquire or retain possession of under this Act, the regulations or any other law,

(h3) the seizure, forfeiture and destruction or other disposal of any drug, or any thing reasonably suspected of being a drug--

(i) in the possession of an inmate, or

(ii) in the possession of any other person in a correctional centre or correctional complex, or

(iii) found within a correctional centre or correctional complex, or

(iv) sent to or delivered to a correctional centre or correctional complex,

(i) visits to inmates, including--

(i) the days and times that visits may be allowed, and

(ii) the maximum number of persons who may visit an inmate at the same time, and

(iii) the classes of persons who may be prohibited from visiting inmates, and

(iv) the conditions that must be observed by persons intending to visit an inmate before such a visit will be allowed, and

(v) the procedures to be observed by visitors and inmates during visits, and

(vi) without limiting subparagraphs (iv) and (v), the identification of visitors (including the removal of face coverings within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 for that purpose),

(j) the making and receiving of telephone calls by inmates,

(k) the sending and receiving of letters and parcels by inmates, including the circumstances in which letters and parcels may be opened for inspection or confiscated,

(l) the procedures to be followed by an inmate when applying for a local leave permit or interstate leave permit, and the circumstances under which such a permit may be issued,

(m) the procedures to be followed by an inmate, and the facilities to be provided to an inmate, for the purpose of enabling the inmate to make a complaint to the governor of the correctional centre or to any other person or body,

(n) the observance by inmates of religious rites and obligations,

(o) the acquisition by inmates of education and vocational training,

(p) the provision to inmates of medical, surgical and dental treatment,

(q) the distribution of condoms to inmates,

(r) the circumstances in which a body search may be conducted on an inmate, the procedures to be followed in conducting a body search and the persons by whom, or in whose presence, a body search is to be conducted,

(s) the circumstances in which a correctional officer may use force against an inmate, and the keeping of records of the occasions on which force is so used,

(t) the circumstances in which a correctional officer may use firearms, and the keeping of records of the occasions on which firearms are so used,

(u) the equipment that may be used to restrain an inmate, and the circumstances in which, and the maximum periods for which, an inmate may be restrained by means of such equipment,

(v) the circumstances in which an inmate may be tested for drugs or alcohol, the use of a non-invasive sample provided by, or taken from, an inmate for the purposes of a test for drugs or alcohol and the nature of the tests to be used,

(v1) analyses in connection with any such tests and the admission of certificates relating to the results of any such analyses as prima facie evidence in any proceedings for a correctional centre offence (within the meaning of section 51) being dealt with under this Act by a governor or Visiting Magistrate,

(x) the appointment of medical officers for correctional centres,

(x1) the appointment of ministers of religion and other spiritual advisors for correctional centres,

(y) the functions of correctional officers and other staff employed within a correctional centre or correctional complex,

(z) the form of any warrants issued for the purposes of this Part.

(2) Without limiting subsection (1), the regulations may make provision for or with respect to the treatment, accommodation and detention of Commonwealth post sentence terrorism inmates and NSW post sentence inmates.