New South Wales Repealed Acts

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This legislation has been repealed.

CORRECTIONAL CENTRES ACT 1952


- As at 3 April 2000 
- Act 9 of 1952 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act and commencement
   2.      (Repealed)
   3.      Repeals and savings
   4.      Definitions

   PART 2 - ESTABLISHMENT AND CONTROL OF CORRECTIONAL COMPLEXES AND CORRECTIONAL CENTRES

   5.      Correctional complexes and correctional centres
   5A.     (Repealed)
   6.      Commissioner
   7.      Deputy Commissioners
           7A-7D. (Repealed)
   8.      Savings as to powers of Sheriff
   8A.     Official Visitors
   8B.     Disclosure of information
   9.      Medical officers
   10.     Visiting Justices
   11.     Inspection by Judge or Magistrate
   11A.    Inquiries

   PART 2A - INSPECTOR-GENERAL OF CORRECTIVE SERVICES

           Division 1 - Appointment of Inspector-General and staff

   11B.    Inspector-General of Corrective Services
   11C.    Staff of Inspector-General

           Division 2 - Functions of Inspector-General

   11D.    Definitions
   11E.    Principal functions of Inspector-General
   11F.    Powers of Inspector-General
   11G.    Incidental powers
   11H.    Limitations on Inspector-General's functions
   11I.    Discretion of Inspector-General to investigate complaints

           Division 3 - Relationship of Inspector-General with other agencies

   11J.    Relationship with Ombudsman regarding investigations
   11K.    Relationship with ICAC regarding investigations
   11L.    Functions of Inspector-General under Protected Disclosures Act 1994

           Division 4 - Miscellaneous

   11M.    Reports of Inspector-General
   11N.    Obstruction of Inspector-General
   11O.    Protection from liability
   11P.    Delegation
   11Q.    Review of Part
   11R.    Expiration of position of Inspector-General

   PART 3 - TREATMENT OF INMATES

   12.     Exercise
   13.     Clothing
   14.     Diet
   15.     Separation of inmates
   16.     Medical attention
   17.     (Repealed)
   18.     Private property
   19.     Record of personal description of inmates
   20.     Work to be performed by inmates
   21.     (Repealed)
   22.     Segregation of inmates
   22AA.   Protective custody of inmates
   22AB.   Governor of correctional centre to notify Commissioner of segregation or protective custody direction
   22AC.   Effect of segregation or protective custody direction
   22AD.   Period of segregation or protective custody
   22AE.   Extension of period of segregation or protective custody
   22AF.   Form of direction for segregation or protective custody
   22AG.   Revocation of direction for segregation or protective custody
   22A.    Report to Minister on extension of segregation or protective custody
   22B.    Review of segregation or protective custody by Minister
   22C.    Review of segregation or protective custody by Review Council
   22D.    Interim directions by Review Council
   22E.    Procedure for review of segregation or holding in protective custody
   22F.    Determination of review by Review Council

   PART 4 - CORRECTIONAL CENTRE DISCIPLINE

   23.     Correctional centre offences to be declared by regulations
   23A.    (Repealed)
   24.     Laying of charges and inquiries by governor of correctional centre
   25.     Governor of correctional centre may impose penalties for certain correctional centre offences
   26.     Reference of certain correctional centre offences to Visiting Justice
   26A.    Procedure at hearings before Visiting Justices
   26B.    Imposition of penalty by Visiting Justice
   26C.    Correctional centre offences may be dealt with summarily or on indictment
   26D.    Payment of compensation by inmate for damage to property
   26E.    Cumulative punishments
   26F.    Record of punishments imposed for correctional centre offences
   26G.    Appeals against decisions of Visiting Justices
   26H.    Other criminal proceedings for same offence
   26I.    Offence of making false or misleading statements

   PART 5 - TRANSFER OF INMATES

           Division 1 - Transfer and leave of absence within the State

   27.     Orders for removal of inmates from one correctional centre to another
   28.     Removal of inmates to hospital
   29.     Absence from a correctional centre in certain circumstances permitted

           Division 2 - Interstate leave of absence for inmates

   29AA.   Definitions
   29AB.   Corresponding interstate law
   29AC.   Issue of interstate leave permits
   29AD.   Effect of interstate leave permit
   29AE.   Variation or revocation of permit
   29AF.   Offence: breach of interstate leave permit
   29AG.   Notice to participating State and transit jurisdiction
   29AH.   Effect of leave permit issued under corresponding interstate law
   29AI.   Escape from custody of interstate inmates on leave of absence
   29AJ.   Liability of Crown for damage caused by inmate or escort

           Division 3 - Miscellaneous

   29A.    Absent inmates taken to be in custody
   29B.    Certain absences not to affect length of sentence
   29D.    Places where persons in custody may be kept during transfer

   PART 6 - CORRECTIONAL OFFICERS

   30.     Appointment of correctional officers
   30A.    Commissioned and non-commissioned correctional officers
   31.     Duties of correctional officers
   31AA.   Acquisition or use of assumed identity

   PART 6A - ENGAGEMENT OF CONTRACTORS

   31A.    Purpose for which contractors may be engaged
   31B.    Management of correctional centre under agreement
   31C.    Authorisation of correctional centre staff
   31D.    Status of staff at correctional centre managed under an agreement
   31E.    Monitoring
   31F.    Corrections Health Service
   31G.    Investigation of corruption
   31H.    Administrative complaints
   31I.    Freedom of information
   31J.    Minimum standards

   PART 7 - OFFENCES

   31K.    Definition
   32.     Rescuing person from lawful custody
   33.     Aiding escape
   34.     Escaping
   34A.    Tunnels to facilitate escape
   35.     Permitting escape
   36.     Harbouring escapee
   37.     Trafficking
   37A.    Introduction or supply of syringes
   38.     Miscellaneous offences
   38A.    Prosecutions under sections 37 and 38
   38B.    Impersonating a correctional officer

   PART 8 - GENERAL

   39.     Custody of inmates
   40.     Responsibility of governors of correctional centres
   40A.    Correctional centre delivery
   40B.    Evidence of imprisonment in correctional centre
   40C.    Delegations by governors of correctional centres
   41.     Expiration of sentence
   41A.    Royal prerogative of mercy preserved
   42.     Address of warrant
   42A.    Transport and custody of persons in connection with proceedings
   43.     Notice to coroner of inmate's death
   44.     Attendance of inmates before courts and court officers
   45.     Sentences to be served in lock-up
   45A.    Use of dogs in maintaining good order and security
   46.     Civil and criminal liability
   47.     Proceedings for offences
   48.     Penalties
   48A.    Research work--records and information
   48B.    Funds payable to certain organisations
   48C.    (Repealed)
   48D.    Delegation by Commissioner
   48E.    Oath or affirmation of office
   49.     (Repealed)
   50.     Regulations
           51, 52. (Repealed)

   PART 9 - INMATES RECEIVED FROM THE AUSTRALIAN CAPITAL TERRITORY

   53.     Definitions
   53A.    Application of this Part
   54.     Conveyance and detention of inmates from the Territory
   55.     Returns of persons to the Territory
   56.     Application of this Part to inmates in custody at commencement of this Part
   57.     Validation
   58.     Evidentiary provision

   PART 10 - SERIOUS OFFENDERS REVIEW COUNCIL

   59.     Definition
   60.     Constitution of the Review Council
   61.     Membership of the Review Council
   62.     Functions of the Review Council
   62AA.   Matters to be considered concerning certain serious offenders
   62A.    Victim submissions and State submissions involving serious offenders
   63.     Establishment of a Serious Offenders Management Committee
   64.     Security of certain information
   65.     Annual reports
   66.     Provisions relating to members, Divisions and procedure of the Review Council
           67-72. (Repealed)

   PART 11 - (Repealed)
   None
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           Schedule 4 (Repealed)
           SCHEDULE 4A
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8


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