NSWIn ForceAct
Crimes (Administration of Sentences) Act 1999
236QMisconduct offence
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#### 236Q Misconduct offence
236Q Misconduct offence
> > (1) A correctional employee is guilty of an offence if the correctional employee engages in—
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> > > (a) sexual conduct or
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> > > (b) an intimate relationship with an inmate.
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> > Maximum penalty—20 penalty units or imprisonment for 2 years, or both.
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> > (1A) A correctional employee who is in a pre-existing relationship as a couple with an inmate is guilty of an offence if the correctional employee—
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> > > (a) engages in sexual conduct with the inmate, or
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> > > (b) continues to engage in an intimate relationship with the inmate and the relationship—
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> > > > (i) causes a risk or potential risk to the safety or security of a correctional centre or correctional complex or to good order and discipline within a correctional centre or correctional complex, or
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> > > > (ii) compromises the proper administration of a sentence.
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> > Maximum penalty—20 penalty units or imprisonment for 2 years, or both.
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> > (1B) A correctional employee, other than an employee referred to in subsection (2), is guilty of an offence if—
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> > > (a) the correctional employee and another person engage—
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> > > > (i) in sexual conduct, or
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> > > > (ii) an intimate relationship, and
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> > > (b) the other person is subject to a community-based order, and
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> > > (c) the conduct or relationship compromises the proper administration of a community-based order.
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> > Maximum penalty—20 penalty units or imprisonment for 2 years, or both.
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> > (1C) It is not relevant for the purposes of subsection (1B) whether or not the correctional employee is in a pre-existing relationship as a couple with the other person.
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> > (2) It is not an offence under this section if a correctional employee did not know, while the employee engaged in sexual conduct or an intimate relationship with a person subject to a community-based order, that the other person was subject to the order.
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> > (3) Proceedings for an offence against this section must be commenced not later than 2 years after the date the offence is alleged to have been committed.
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> **s 236Q:** Ins 2018 No 74, Sch 1 \[2\]. Am 2025 No 6, Sch 1\[80\]–\[82\]; 2025 No 62, Sch 7\[1\].