3Interpretation

#### 3 Interpretation 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](/view/html/inforce/current/act-1997-154). > > > > Commissioner means the Commissioner of Corrective Services, Department of Justice. > > > > Commonwealth Criminal Code means the [Criminal Code](http://www.legislation.gov.au/) set out in the Schedule to the [Criminal Code Act 1995](http://www.legislation.gov.au/) 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](/view/html/inforce/current/act-1999-092) or section 79 of the [Fines Act 1996](/view/html/inforce/current/act-1996-099). > > > > 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 a service or activity, which may include participation in personal development, educational or other programs, that is— > > > > > (a) approved by the Minister by order and published in the Gazette, and > > > > > (b) published on a website administered by Corrective Services NSW. > > > > 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](/view/html/inforce/current/act-1998-150). > > > > conditional release order means an order in force under section 9 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092). > > > > convicted inmate means a person referred to in section 4 (1) (a), (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. > > > > correspondence, for Part 2—see section 4A. > > > > 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](/view/html/inforce/current/act-1987-055), does not include the Children’s Court or any other court that, or person who, exercises the jurisdiction of the Children’s Court. > > > > departmental officer means a Public Service employee, other than a correctional officer, employed in Corrective Services NSW. > > > > directions, for Part 2, Division 7A—see section 71A. > > > > drug means— > > > > > (a) a prohibited drug or prohibited plant within the meaning of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226), 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](/view/html/inforce/current/act-1998-150). > > > > 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](/view/html/inforce/current/act-1999-092). > > > > 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) (Repealed) > > > > > (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](/view/html/inforce/current/act-1997-154). > > > > 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. > > > > nominated officer, in relation to a correctional centre, means— > > > > > (a) the principal security officer of the centre, or > > > > > (b) the governor of the centre, or > > > > > (c) for a function prescribed by the regulations to be exercised by an nominated officer—a correctional officer or departmental officer nominated to exercise the function by— > > > > > > > (i) the principal security officer of the centre, or > > > > > > > (ii) the governor of the centre, any correctional officer or departmental officer appointed by the principal security officer or by the governor to exercise a function under the regulations as a nominated officer. > > > > 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](/view/html/inforce/current/act-1999-092). > > > > 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 (Adults) appointed under the [Inspector of Custodial Services Act 2012](/view/html/inforce/current/act-2012-055), section 8B. > > > > 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. > > > > principal security officer means the person appointed by the Commissioner to be the principal security officer for the purposes of the regulations. > > > > 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](/view/html/inforce/current/act-1999-092), 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 Judge means a Judge of the Local Court exercising the functions of a Visiting Judge, as referred to in section 227. > > > > Note. > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (2) In this Act— > > > > > (a) a reference to a sentence to which an offender is subject includes a reference to a sentence that has been imposed but is yet to commence, and > > > > > (b) a reference to the term of a sentence is, if the term is varied under this or any other Act, a reference to the term as so varied, and > > > > > (c) a reference to a non-parole period of a sentence is, if the period is varied under this or any other Act, a reference to the period as so varied, and > > > > > (d) a reference to a court that has sentenced an offender, made an order or given a direction includes a reference to the same court differently constituted, and > > > > > (e) a reference to a condition that a person not commit any offence is a reference to any offence whether committed in New South Wales or in any other State or Territory, and > > > > > (f) a reference to an obligation that a person not commit any offence is a reference to any offence whether committed in New South Wales or in any other State or Territory. > > > (3) Notes in the text of this Act do not form part of this Act. > > **s 3:** Am 2000 No 110, Sch 1 \[1\] \[2\]; 2001 No 29, Sch 2 \[1\]; 2001 No 83, Sch 1 \[1\]; 2001 No 121, Sch 2.73 \[1\]; 2002 No 74, Sch 1 \[1\]; 2002 No 79, Sch 1 \[1\]; 2003 No 13, Sch 1.5; 2004 No 42, Sch 3 \[1\]–\[3\]; 2004 No 47, Sch 1 \[1\]; 2004 No 94, Sch 1 \[2\]; 2004 No 103, Sch 3 \[1\] \[2\]; 2006 No 7, Sch 1 \[1\]; 2006 No 81, Sch 1 \[2\] \[3\]; 2007 No 85, Sch 1 \[1\] \[2\]; 2007 No 94, Schs 1.24, 2; 2008 No 17, Sch 1 \[3\]; 2008 No 108, Sch 1 \[1\] \[2\]; 2009 No 96, Sch 5 \[2\]; 2010 No 48, Sch 2 \[1\]–\[7\]; 2015 No 15, Sch 3.16 \[1\] \[2\]; 2016 No 47, Sch 1 \[4\] \[5\]; 2016 No 61, Sch 6.8; 2017 No 53, Sch 3 \[1\] \[2\]; 2017 No 57, Sch 1 \[1\]; 2017 No 68, Sch 2.6 \[1\] \[2\]; 2018 No 25, Sch 1.4 \[1\]; 2018 No 29, Sch 1.5 \[1\]; 2018 No 87, Sch 1.9 \[1\]; 2020 No 5, Sch 1.8\[1\]; 2020 No 26, Sch 1.5; 2022 No 1, Sch 1\[1\] \[2\]; 2022 No 16, Sch 9.1\[1\]; 2025 No 6, Sch 1\[1\] (am 2025 No 48, Sch 2.2) \[2\] \[3\]; 2025 No 7, Sch 2\[1\] \[2\]; 2025 No 61, Sch 2.24\[1\] \[2\].