236PDefinitions

236P Definitions

236P Definitions

(1) In this Division—

community-based order means—

(a) a parole order, or

(b) a community correction order, or

(c) an intensive correction order, or

(d) a conditional release order, or

(e) a re-integration home detention order, or

(f) a suspended sentence order to which clause 76 of Schedule 2 to the Crimes (Sentencing Procedure) Act 1999 applies.

correctional employee means—

(a) a member of staff of Corrective Services NSW, or

(b) a person who is employed at a managed correctional centre to perform duties referred to in section 240 (1) (a), (b) or (c).

inmate includes a person who is subject to a compulsory drug treatment order under Part 4A (including a person who is subject to a community supervision order under that Part).

intimate relationship means a relationship between 2 or more persons involving physical expressions of affection, or the exchange of written or other communications of a sexual or intimate nature, or all or any of those things.

pre-existing relationship as a couple means a continuing relationship as a couple that existed—

(a) for a relationship with an inmate—before the inmate entered into custody, and

(b) for a relationship with a person subject to a community-based order—before the person subject to the community-based order commenced serving the sentence.

sexual conduct means sexual intercourse or other physical conduct of a sexual nature.

sexual intercourse has the same meaning as in Division 10 of Part 3 of the Crimes Act 1900.

(2) For the purposes of this Division, and without limiting the definition of intimate relationship, a person who is married to another person or the de facto partner of another person is taken to be in an intimate relationship with the other person.

s 236P: Ins 2018 No 74, Sch 1 [2]. Am 2025 No 6, Sch 1[77]–[79].