Inspector of Custodial Services Act 2012 (NSW)

Inspector of Custodial Services Act 2012 No 55

An Act to provide for an Inspector of Custodial Services; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Inspector of Custodial Services Act 2012.

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

3 Definitions (1) In this Act— Corrective Services NSW means that part of the Department comprising the group of staff who are principally involved in the administration of the Crimes (Administration of Sentences) Act 1999. custodial centre means the following— (a) a correctional centre (including a juvenile correctional centre, a managed correctional centre and a periodic detention centre), (b) a residential facility, (c) a transitional centre, (d) a juvenile justice centre, but does not include any police station or court cell complex that is not managed by Corrective Services NSW or Juvenile Justice. custodial centre staff member means any person employed or engaged to provide custodial services (whether they are employed or engaged at a custodial centre or elsewhere). custodial service means the following— (a) the management, direction, control or security of a custodial centre, (b) the security, management, control, safety, care or welfare (including health care) of persons in custody, detained or residing at a custodial centre, (c) the transport of persons in custody or otherwise detained to or from a custodial centre by or on behalf of Corrective Services NSW or Juvenile Justice, but does not include any function of, or service provided by, the NSW Police Force, the Serious Offenders Review Council, the Serious Young Offenders Review Panel or the State Parole Authority. Department means the Department of Communities and Justice. function includes a power, authority or duty, and exercise a function includes perform a duty. Inspector means the Inspector of Custodial Services, appointed under this Act. Joint Committee means the joint committee called the Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission constituted under the Ombudsman Act 1974. Juvenile Justice means that part of the Department comprising the group of staff who are principally involved in the administration of the following Acts— (a) the Children (Community Service Orders) Act 1987, (b) the Children (Detention Centres) Act 1987, (c) the Children (Interstate Transfer of Offenders) Act 1988, and includes the group of staff within the Department who are known as the Juvenile Justice Branch. juvenile justice centre means a detention centre within the meaning of the Children (Detention Centres) Act 1987. Official Visitor means an Official Visitor within the meaning of the Crimes (Administration of Sentences) Act 1999 or the Children (Detention Centres) Act 1987. (2) The following terms used in this Act have the same meanings as in the Crimes (Administration of Sentences) Act 1999, except in so far as they are defined differently in this Act or the context or subject-matter otherwise indicates or requires— (a) correctional centre, (b) juvenile correctional centre, (c) managed correctional centre, (d) periodic detention centre, (e) residential facility, (f) Serious Offenders Review Council, (g) State Parole Authority, (h) transitional centre. (3) Notes included in this Act do not form part of this Act.