Proposed Crimes (Administration of Sentences) Regulation 2014 and Regulatory Impact Statement

The NSW Department of Justice sought comments and submissions on a draft Crimes (Administration of Sentences) Regulation 2014 (PDF, 698kb) . Submissions closed on 31 July 2014, and are available for download:

• Aboriginal Legal Service (NSW/ACT) Limited (PDF, 138.1 KB)

• The Inspector of Custodial Services  (PDF, 66.4 KB)

• Justice Health and Forensic Mental Health Network (JH&FMHN) (PDF, 199.1 KB)

• Prisoners’ Aid Association (PDF, 89.9 KB)

• The Chief Magistrate of the Local Court (PDF, 57.6 KB)

• The NSW Ministry for Police and Emergency Services (PDF, 37.2 KB)

• The NSW Bar Associatio (PDF, 120.0 KB)

• The NSW Ombudsman (PDF, 20.0 KB)

• The NSW Public Interest Advocacy Centre (PIAC) (PDF, 874.2 KB)

The final regulation has now been made - Crimes (Administration of Sentences) Regulation 2014.

A Regulatory Impact Statemen t (RIS) (Word, 136kb (DOCX, 147.2 KB) (DOCX, 147.2 KB) or PDF, 117kb (PDF, 121.3 KB) was prepared examining the need for regulation and its costs and benefits. The RIS also outlined the changes contained in the draft Regulation.

In addition to the changes outlined in the Regulatory Impact Statement, the final Regulation includes the following additional changes:

• Including the proximity of the correctional centre to the inmate’s family members as an additional factor that the Commissioner may consider when making decisions about placement.
• Preserving the existing obligation of general managers to require that any practical limitations on providing inmates daily exercise are temporary.
• Extending the role of Chaplains to include pastoral care to inmates, staff and their respective families to reflect the broader role fulfilled by Chaplains.
• Clarifying that remand inmates must be allowed to receive visitors at least twice a week.
• Clarifying that the Commissioner may approve a list of items for purchase and/or rent at a correctional centre and that goods hired by an inmate must be returned to the general manager following the inmate’s release from custody.
• Clarifying that withdrawable privileges include the inmate’s ability to keep purchased or rented goods.
• Miscellaneous changes to existing terminology to reflect current practice.