Crimes (Administration of Sentences) Act 1999 (NSW)

Crimes (Administration of Sentences) Act 1999 No 93

An Act to consolidate and amend the law with respect to the administration of certain sentences; and for other purposes.

Part 1 Preliminary

Introductory note— This Part contains machinery provisions, including a statement of the objects of the Act and a provision that defines various words and expressions that are used in the Act.

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

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

2A Objects of Act (1) This Act has the following objects— (a) 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, (b) to ensure that other offenders are kept under supervision in a safe, secure and humane manner, (c) to ensure that the safety of persons having the custody or supervision of offenders is not endangered, (d) to provide for the rehabilitation of offenders with a view to their reintegration into the general community. (2) In the pursuit of these objects, due regard must be had to the interests of victims of the offences committed by offenders. (3) Nothing in this section gives rise to any civil cause of action or can be taken into account in any civil proceedings.

3 Interpretation (1) 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 any service or activity approved by the Minister, and includes participation in personal development, educational or other programs. 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), (b), (c), (c1), (d1) or (d2). correctional centre means— (a) 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 (b) 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. Corrective Services NSW means that part of the Department of Justice comprising the group of staff who are principally involved in the administration of this Act. court means— (a) 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 (b) 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. drug means— (a) a prohibited drug or prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985, or (b) any other substance declared by the regulations to be a drug for the purposes of this Act. Drug Court means the Drug Court of New South Wales constituted under the Drug Court Act 1998. 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— (a) any Judge or retired Judge of a New South Wales court or the Federal Court, or (b) any Magistrate or retired Magistrate, or (c) 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— (a) the Police Service, or the police force of another State or a Territory, (b) the New South Wales Crime Commission, (c) the Australian Federal Police, (d) the Australian Crime Commission, (e) the Director of Public Prosecutions of New South Wales, of another State or a Territory or of the Commonwealth, (f) the Law Enforcement Conduct Commission, (g) the Independent Commission Against Corruption, (h) the Department of Justice, (i) 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. non-invasive sample means any of the following samples of human biological material— (a) a sample of breath, taken by breath test, breath analysis or otherwise, (b) a sample of urine, (c) a sample of faeces, (d) a sample of saliva taken by buccal swab, (e) a sample of nail, (f) a sample of hair other than pubic hair, (g) a sample of sweat taken by swab or washing from any external part of the body other than— (i) the genital or anal area or the buttocks, or (ii) 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— (a) an inmate of a kind referred to in section 4 (1) (c1), or (b) 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 appointed under section 228. Parole Authority means the State Parole Authority constituted by section 183. parole eligibility date, in relation to an offender, means— (a) subject to paragraph (b), the date on which the offender first becomes eligible for release on parole, or (b) 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. 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— (a) an offender who is serving a sentence for life, or (b) 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 (c) 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 (d) 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 (e) an offender who has been convicted of murder and who is subject to a sentence in respect of the conviction, or (e1) a Commonwealth post sentence terrorism inmate, or (e2) a NSW post sentence inmate, or (f) 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 Magistrate means a Magistrate exercising the functions of a Visiting Magistrate, as referred to in section 227.