Crimes (Administration of Sentences) Act 1999

This Act is the Crimes (Administration of Sentences) Act 1999.

This Act commences on a day or days to be appointed by proclamation.

This Act has the following objects—

to ensure that those offenders who are required to be held in custody are removed from the general community and placed in a safe, secure and humane environment,

to ensure that other offenders are kept under supervision in a safe, secure and humane manner,

to ensure that the safety of persons having the custody or supervision of offenders is not endangered,

to provide for the rehabilitation of offenders with a view to their reintegration into the general community.

In the pursuit of these objects, due regard must be had to the interests of victims of the offences committed by offenders.

Nothing in this section gives rise to any civil cause of action or can be taken into account in any civil proceedings.

In this Act—

audio link means facilities (including telephone) that enable audio communication between persons at different places.

audio visual link means facilities (including closed-circuit television) that enable audio and visual communication between persons at different places.

Chief Executive, Justice Health means the person for the time being holding office or acting as the chief executive of the Justice Health and Forensic Mental Health Network under the Health Services Act 1997.

Commissioner means the Commissioner of Corrective Services, Department of Justice.

Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth.

Commonwealth post sentence terrorism inmate means an inmate of a kind referred to in section 4 (1) (c3).

community correction order means an order in force under section 8 of the Crimes (Sentencing Procedure) Act 1999 or section 79 of the Fines Act 1996.

Community Corrections means the Community Corrections Division, Department of Justice.

community corrections officer means a person who is employed within Corrective Services NSW as a community corrections officer, as referred to in section 231.

community service work means a service or activity, which may include participation in personal development, educational or other programs, that is—

approved by the Minister by order and published in the Gazette, and

published on a website administered by Corrective Services NSW.

compulsory drug treatment detention means detention in accordance with Part 4A.

compulsory drug treatment order means an order in force under section 18C of the Drug Court Act 1998.

conditional release order means an order in force under section 9 of the Crimes (Sentencing Procedure) Act 1999.

convicted inmate means a person referred to in section 4 (1) (a), (c), (c1), (d1) or (d2).

correctional centre means—

any premises declared to be a correctional centre by a proclamation in force under section 225, including any juvenile correctional centre declared under section 225A, and

any police station or court cell complex in which an offender is held in custody in accordance with this or any other Act.

correctional complex means any premises declared to be a correctional complex by virtue of a proclamation in force under section 224.

correctional officer means a person who is employed within Corrective Services NSW as a correctional officer, as referred to in section 231.

correspondence, for Part 2—see section 4A.

court means—

the Supreme Court, the Court of Criminal Appeal, the Land and Environment Court, the Industrial Relations Commission, the District Court or the Local Court, or

any other court that, or person who, exercises criminal jurisdiction,

but, subject to the Children (Criminal Proceedings) Act 1987, does not include the Children’s Court or any other court that, or person who, exercises the jurisdiction of the Children’s Court.

departmental officer means a Public Service employee, other than a correctional officer, employed in Corrective Services NSW.

directions, for Part 2, Division 7A—see section 71A.

drug means—

a prohibited drug or prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985, or

any other substance declared by the regulations to be a drug for the purposes of this Act.

exercise a function includes perform a duty.

full-time detention means detention in a correctional centre.

function includes a power, authority or duty.

governor, in relation to a correctional centre, means the governor of the correctional centre and includes any person who is for the time being in charge of the correctional centre or any person (however described) who is authorised by the Commissioner to be in charge of the correctional centre.

inmate means a person to whom Part 2 applies.

intensive correction means intensive correction in the community pursuant to an intensive correction order.

intensive correction order means an order in force under section 7 of the Crimes (Sentencing Procedure) Act 1999.

interstate leave permit means a permit referred to in section 29.

judicially qualified person means—

any Judge or retired Judge of a New South Wales court or the Federal Court, or

(Repealed)

any person qualified to be appointed as a Judge of a New South Wales court.

Justice Health means the statutory health corporation named the Justice Health and Forensic Mental Health Network constituted under the Health Services Act 1997.

juvenile correctional centre means any correctional centre declared to be a juvenile correctional centre by a proclamation in force under section 225A.

law enforcement agency means any of the following—

the Police Service, or the police force of another State or a Territory,

the New South Wales Crime Commission,

the Australian Federal Police,

the Australian Crime Commission,

the Director of Public Prosecutions of New South Wales, of another State or a Territory or of the Commonwealth,

the Law Enforcement Conduct Commission,

the Independent Commission Against Corruption,

the Department of Justice,

a person or body prescribed by the regulations for the purposes of this definition.

local leave order means an order referred to in section 25.

local leave permit means a permit referred to in section 26.

managed correctional centre means a correctional centre that is for the time being managed under a management agreement.

management agreement means an agreement referred to in section 238.

management company means a corporation with which the Commissioner has entered into a management agreement under which the corporation manages one or more correctional centres.

medical officer, in relation to a correctional centre, means a medical officer appointed for the correctional centre as referred to in section 236C.

mobile phone includes any device that may be used, in whole or in part, for the purpose of sending or receiving voice or other data over a mobile telephone network, whether or not it may be used for any other purpose.

nominated officer, in relation to a correctional centre, means—

the principal security officer of the centre, or

the governor of the centre, or

for a function prescribed by the regulations to be exercised by an nominated officer—a correctional officer or departmental officer nominated to exercise the function by—

the principal security officer of the centre, or

the governor of the centre, any correctional officer or departmental officer appointed by the principal security officer or by the governor to exercise a function under the regulations as a nominated officer.

non-invasive sample means any of the following samples of human biological material—

a sample of breath, taken by breath test, breath analysis or otherwise,

a sample of urine,

a sample of faeces,

a sample of saliva taken by buccal swab,

a sample of nail,

a sample of hair other than pubic hair,

a sample of sweat taken by swab or washing from any external part of the body other than—

the genital or anal area or the buttocks, or

the breasts of a female or a transgender person who identifies as a female.

non-parole period has the same meaning as it has in the Crimes (Sentencing Procedure) Act 1999.

NSW offence means an offence against a law of the State.

NSW post sentence inmate means—

an inmate of a kind referred to in section 4 (1) (c1), or

an inmate of a kind referred to in section 4 (1) (c2).

offender, where occurring elsewhere than in Part 3, 4A, 4B, 4C or 5, means a person who is subject to a sentence of imprisonment, and includes an inmate within the meaning of Part 2 and an offender within the meaning of Part 3, 4A, 4B or 4C.

offender submission means a submission made to the Review Council or the Parole Authority, for the purposes of this Act, by an inmate of a correctional centre.

Official Visitor means an Official Visitor (Adults) appointed under the Inspector of Custodial Services Act 2012, section 8B.

Parole Authority means the State Parole Authority constituted by section 183.

parole eligibility date, in relation to an offender, means—

subject to paragraph (b), the date on which the offender first becomes eligible for release on parole, or

if the offender is returned to custody while on release on parole or following revocation of parole, the date occurring 12 months after the date on which the offender is so returned.

parole order means an order in force under section 138, 141, 149, 150, 154A, 158, 159 or 160 of this Act.

parole revocation order means an order made under Division 3 of Part 7 revoking a parole order.

principal security officer means the person appointed by the Commissioner to be the principal security officer for the purposes of the regulations.

re-integration home detention order means an order made under section 124D.

residential facility means any premises declared to be a residential facility by a proclamation in force under section 236L.

Review Council means the Serious Offenders Review Council constituted by section 195.

sentence means a sentence of imprisonment.

sentencing court, in relation to an offender undergoing a penalty imposed by a court, means the court by which the penalty was imposed.

serious offender means—

an offender who is serving a sentence for life, or

an offender who is serving a sentence for which a non-parole period has been set in accordance with Schedule 1 to the Crimes (Sentencing Procedure) Act 1999, or

an offender who is serving a sentence (or one of a series of sentences of imprisonment) where the term of the sentence (or the combined terms of all of the sentences in the series) is such that the offender will not become eligible for release from custody, including release on parole, until he or she has spent at least 12 years in custody, or

an offender who is for the time being required to be managed as a serious offender in accordance with a decision of the sentencing court, the Parole Authority or the Commissioner, or

an offender who has been convicted of murder and who is subject to a sentence in respect of the conviction, or

a Commonwealth post sentence terrorism inmate, or

a NSW post sentence inmate, or

an offender who belongs to a class of persons prescribed by the regulations to be serious offenders for the purposes of this definition.

statutory parole order—see section 158.

submanagement agreement means an agreement referred to in section 239.

submanagement company means a corporation with which a management company has entered into a submanagement agreement under which the corporation manages one or more correctional centres on behalf of the management company.

transitional centre means premises managed or approved by the Commissioner for the purpose of accommodating certain inmates prior to their release from custody.

victim of a serious offender means a person whose name is recorded in the Victims Register as a victim of that offender.

Victims Register means the register kept under Part 16 in which certain victims of offenders are recorded.

victim submission means a submission made to the Review Council or the Parole Authority, for the purposes of this Act, by a victim of a serious offender.

Visiting Judge means a Judge of the Local Court exercising the functions of a Visiting Judge, as referred to in section 227.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

In this Act—

a reference to a sentence to which an offender is subject includes a reference to a sentence that has been imposed but is yet to commence, and

a reference to the term of a sentence is, if the term is varied under this or any other Act, a reference to the term as so varied, and

a reference to a non-parole period of a sentence is, if the period is varied under this or any other Act, a reference to the period as so varied, and

a reference to a court that has sentenced an offender, made an order or given a direction includes a reference to the same court differently constituted, and

a reference to a condition that a person not commit any offence is a reference to any offence whether committed in New South Wales or in any other State or Territory, and

a reference to an obligation that a person not commit any offence is a reference to any offence whether committed in New South Wales or in any other State or Territory.

Notes in the text of this Act do not form part of this Act.

In this part—

correspondence, in relation to an inmate, means correspondence sent to or from an inmate in the form of a letter, parcel, fax transmission or electronic communication.

This Part applies to—

any person the subject of a warrant under section 62 of the Crimes (Sentencing Procedure) Act 1999 by which a court has committed the person to a correctional centre to serve a sentence or the remainder of a sentence by way of full-time detention, other than a person who is on release on parole, and

(Repealed)

any person the subject of a warrant under section 181 of this Act by which the Parole Authority has committed the person to a correctional centre to serve the remainder of a sentence by way of full-time detention, and

any person the subject of a warrant under section 20 of the Crimes (High Risk Offenders) Act 2006 by which the Supreme Court has committed the person to a correctional centre pursuant to a continuing detention order, interim detention order or emergency detention order under that Act, and

any person the subject of a warrant under section 49 of the Terrorism (High Risk Offenders) Act 2017 by which the Supreme Court has committed the person to a correctional centre pursuant to a continuing detention order, interim detention order or emergency detention order under that Act, and

any person the subject of a continuing detention order or interim detention order in force under Division 105A of Part 5.3 of the Commonwealth Criminal Code who, under an arrangement with the State under section 105A.21 of that Code, is detained in a correctional centre, and

any person the subject of a warrant or order by which a court has committed the person to a correctional centre on remand in connection with proceedings for an offence committed, or alleged to have been committed, by the person, and

any person the subject of an order under section 33 (1) (g) of the Children (Criminal Proceedings) Act 1987 by which the Children’s Court has committed the person to the control of the Minister administering this Act, and

any person who is the subject of a warrant under section 170 (1) (a) of the Defence Force Discipline Act 1982 of the Commonwealth by which an authorised officer under that Act has committed the person to a correctional centre pursuant to a punishment of imprisonment imposed under that Act, and

any person who is a detainee within the meaning of the Migration Act 1958 of the Commonwealth and who is held in a correctional centre as referred to in paragraph (b) (ii) of the definition of immigration detention in section 5 of that Act, and

any person the subject of a warrant or order by which a court or other competent authority has committed the person to a correctional centre otherwise than as referred to above, and

any person in custody who is given into the keeping of a correctional officer under section 250, and

any person whose release from custody has been delayed in accordance with section 8(2)(b) or 8A.

This Part does not apply to a person who is detained in a correctional centre in accordance with Part 16 of the Law Enforcement (Powers and Responsibilities) Act 2002.

In this Part, inmate means a person to whom this Part applies.

The obligations of an inmate while serving a sentence by way of full-time detention are—

to comply with such requirements of this Part and the regulations as apply to the inmate, and

to comply with the requirements of any directions given to the inmate under this Part.

The governor of a correctional centre may make an order directing any convicted inmate in the correctional centre to carry out such work as the governor considers suitable.

The governor may direct a convicted inmate, or such classes or groups of convicted inmates as the Commissioner may from time to time determine, to carry out community service work, or any work for Corrective Services NSW or a public or local authority—

within the correctional centre in which the inmate is imprisoned, or

within the correctional complex in which the inmate is imprisoned but outside the correctional centre, or

outside the correctional complex in which the inmate is imprisoned.

An inmate is not required to carry out work that the inmate is not capable of carrying out.

The Commissioner may, out of money provided by Parliament or otherwise legally available, make payments to inmates for any reason (including for work done).

Payment for work done by inmates of a managed correctional centre may not be made by the management company for the correctional centre otherwise than in accordance with a scheme approved by the Commissioner.

The payment of an inmate by the Commissioner under this section for work done (whether or not at the direction of the Commissioner) does not constitute employment of, or a contract of service with, the inmate by the Crown or any other person, and accordingly an inmate who undertakes any such paid work is not—

a worker for the purposes of the Workers Compensation Act 1987, the Workplace Injury Management and Workers Compensation Act 1998, the Annual Holidays Act 1944 or the Long Service Leave Act 1955, or

an employee (however described) for the purposes of the Industrial Relations Act 1996 or any Act or other law.

The Commissioner may determine the way in which an inmate is paid, including scales of payments or credit.

The payment to an inmate may be subject to conditions set by the Commissioner.

Any remuneration earned by an inmate as a participant in an external work release program is to be paid by the employer to the Commissioner on behalf of the inmate.

The Commissioner may deduct from such remuneration an amount, calculated in accordance with the directions of the Minister, to contribute towards—

the costs of administering the external work release program, and

travel fares and other expenses relating to the inmate’s participation in the external work release program, and

the costs of the inmate’s imprisonment during the period in which such remuneration is earned.

The Commissioner must cause a record to be kept of remuneration received and deductions made under this section.

In this section—

external work release program means a program provided under this Act which enables an eligible inmate to work in paid employment in the community during the inmate’s sentence, in accordance with a local leave permit.

Unless sooner released under a re-integration home detention order or on parole, an inmate who is serving a sentence by way of full-time detention (the current sentence) is to be released from custody on the day the sentence expires, as determined in accordance with Division 1 of Part 4 of the Crimes (Sentencing Procedure) Act 1999 but subject to any variation of the term of that sentence under this or any other Act.

An inmate may be released from custody—

at any time on the day the current sentence expires, or

if the current sentence expires on a day that is not a working day and the inmate requests it—at any time during the next working day.

(Repealed)

This section does not apply to an inmate who, on the day the current sentence expires, is subject to another sentence that is being served by way of full-time detention—

where the other sentence commenced before, but will not end until after, the expiry of the current sentence, or

where the other sentence commences immediately after the expiry of the current sentence.

In this section—

working day means a day that is not—

a Saturday or Sunday, or

a public holiday or a bank holiday.

An inmate may be released from custody at any time during the period of 4 days after the inmate’s release date if—

there is, in the opinion of the Commissioner, a good reason to delay the release, and

Example—

a lack of transport

the inmate requests or consents to the delay.

In this section—

release date, in relation to an inmate, means the day on which the inmate is authorised, under this Act or another Act or law, to be released from custody.