79Regulations

#### 79 Regulations 79 Regulations > > (1) The regulations may make provision for or with respect to the following matters— > > > > > (a) the management, control, administration, supervision and inspection of correctional centres and correctional complexes, including in relation to the good order, security and discipline of a correctional centre, > > > > > (b) the procedure to be followed when admitting an inmate into a correctional centre, including— > > > > > > > (i) the procedure for accepting or refusing custody of property in an inmate’s possession when the inmate is admitted, and > > > > > > > (ii) by authorising the Commissioner to make requirements in relation to the bringing of property of an inmate into a correctional centre, > > > > > (b1) the preparation and implementation of plans of management in respect of inmates or offenders, and the provision of services and programs in respect of inmates or offenders, > > > > > > Note. > > > > > > See also section 271A. > > > > > (c) the classification of inmates into different categories and the separation of inmates by reference to the categories into which they have been classified, including by authorising the Commissioner to classify and separate inmates, > > > > > (c1) the designation of inmates for the purposes of or in connection with the management of security and other risks, including by authorising the Commissioner— > > > > > > > (i) to designate inmates, and > > > > > > > (ii) to make requirements about the management of inmates of a particular designation, > > > > > (d) the procedure to be followed when releasing an inmate from a correctional centre, including the procedure for returning property accepted from an inmate when the inmate was admitted into the correctional centre, > > > > > (e) the physical, psychological and spiritual welfare of inmates while in custody and following their release, including by authorising the governor of a correctional centre to impose requirements about the welfare of inmates of the centre, > > > > > (f) the kind of work that a convicted inmate may be directed to carry out under section 6 and the circumstances in which such a direction may or may not be given, > > > > > (g) the expenditure of money (or money’s worth) by inmates, > > > > > (h) the circumstances in which an inmate may lawfully acquire or retain possession of property (including money) within a correctional centre, including property sent to a correctional centre, > > > > > (h1) the forfeiture and disposal of an inmate’s abandoned or unclaimed property (including money), or of unhygienic or otherwise dangerous property (including money) kept by, received from, or sent to, an inmate, > > > > > (h2) the seizure, forfeiture and destruction or other disposal of any property (including money)— > > > > > > > (i) brought into a correctional centre or correctional complex by any person in contravention of this Act, the regulations or any other law, or > > > > > > > (ii) found within, sent to or delivered to a correctional centre or correctional complex and that it is unlawful for an inmate to acquire or retain possession of under this Act, the regulations or any other law, or > > > > > > > (iii) kept in an inmate’s cell that exceeds the quantity of property, specified in the regulations or determined by the governor, allowed in an inmate’s cell, or > > > > > > > (iv) that the governor or nominated officer considers may adversely affect the security, safety or hygiene of the correctional centre, > > > > > (h3) the seizure, forfeiture and destruction or other disposal of any drug, or any thing reasonably suspected of being a drug— > > > > > > > (i) in the possession of an inmate, or > > > > > > > (ii) in the possession of any other person in a correctional centre or correctional complex, or > > > > > > > (iii) found within a correctional centre or correctional complex, or > > > > > > > (iv) sent to or delivered to a correctional centre or correctional complex, > > > > > (i) visits to inmates, including— > > > > > > > (i) the days and times that visits may be allowed, and > > > > > > > (ia) the duration and termination of visits, and > > > > > > > (ib) the frequency of visits for certain classes of inmates, and > > > > > > > (ii) the maximum number of persons who may visit an inmate at the same time, and > > > > > > > (iii) by authorising the Commissioner to decide who is permitted to visit a correctional centre or an inmate, and > > > > > > > (iiia) by authorising the Commissioner to decide who is restricted or prohibited from visiting a correctional centre or inmate in an emergency or otherwise, and > > > > > > > (iiib) the persons who may be allowed to visit inmates in certain circumstances, and > > > > > > > (iiic) the keeping of records in relation to visits, and > > > > > > > (iv) the conditions that must be observed by persons intending to visit an inmate before such a visit will be allowed, including, on the request of an authorised officer, the provision of personal information about the person, and > > > > > > > (v) the procedures to be observed by visitors and inmates during visits, including behaviour not permitted during visits, and > > > > > > > (va) requirements relating to the correspondence of certain classes of inmates, and > > > > > > > (vi) without limiting subparagraphs (iv) and (v), the identification of visitors (including the removal of face coverings within the meaning of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) for that purpose), and > > > > > > > (vii) authorising the Commissioner to depart from requirements of the regulations in relation to communications being conducted in a particular language, or within the hearing of particular persons, and > > > > > > > (viii) the matters the Commissioner may regulate regarding visits to inmates, including the following— > > > > > > > > > (A) approving a person as a visitor to an extreme high risk restricted inmate or a national security interest inmate, > > > > > > > > > (B) requiring a person to undergo a criminal record check before approving the person as a visitor to an extreme high risk restricted inmate or a national security interest inmate, > > > > > > > > > (C) on the basis of a criminal record check—refusing to approve a person as a visitor to an extreme high risk restricted inmate or a national security interest inmate, > > > > > > > > > (D) revoking an approval of a person as a visitor to an extreme high risk restricted inmate or a national security interest inmate, > > > > > (i1) visits to inmates by persons providing services to inmates in accordance with a permit scheme established by the regulations, including— > > > > > > > (i) by authorising the Commissioner to issue, manage and cancel permits, and > > > > > > > (ii) conditions of a permit, including by authorising the Commissioner to impose conditions, and > > > > > > > (iii) the requirements of persons issued a permit when visiting the correctional centre, > > > > > (j) the making and receiving of telephone calls by inmates, > > > > > (k) the sending and receiving of correspondence by inmates, including the circumstances in which correspondence may be opened for inspection, read, copied or confiscated, > > > > > (k1) the arrangements for the inspection or examination of documents or other recorded material, excluding the reading of material, taken into a correctional centre by an inmate’s legal practitioner for the purpose of discussing or transacting legal business, > > > > > (l) the procedures to be followed by an inmate when applying for a local leave permit or interstate leave permit, and the circumstances under which such a permit may be issued, > > > > > (m) the procedures to be followed by an inmate, and the facilities to be provided to an inmate, for the purpose of enabling the inmate to make a complaint or request to the governor of the correctional centre or to any other person or body, > > > > > (n) the observance by inmates of religious rites and obligations, > > > > > (o) the acquisition by inmates of education and vocational training, > > > > > (p) the provision to inmates of medical, surgical and dental treatment, > > > > > (q) the distribution of condoms to inmates, > > > > > (q1) the punishment or treatment of inmates, including punishments and treatments that are prohibited, > > > > > (q2) the circumstances in which the governor of a correctional centre must notify persons in relation to Official Visitors, > > > > > (r) the circumstances in which a body search may be conducted on an inmate, the procedures to be followed in conducting a body search and the persons by whom, or in whose presence, a body search is to be conducted, > > > > > (s) the circumstances in which a correctional officer may use force against another person, and the keeping of records of the occasions on which force is so used, > > > > > (t) the use of firearms by correctional officers, including the following, without limitation— > > > > > > > (i) the circumstances in which a correctional officer may carry, use or discharge a firearm, > > > > > > > (ii) training courses relating to the use of firearms, including by authorising the Commissioner to approve training courses, > > > > > > > (iii) safety procedures relating to firearms, including authorising the Commissioner to approve safety procedures, > > > > > > > (iv) the transfer of firearms, > > > > > > > (v) the notices to be given, records to be kept and reports required in relation to the carry, use or discharge of a firearm, > > > > > > > (vi) the storage of private firearms, > > > > > (u) the equipment that may be used to restrain an inmate, and the circumstances in which, and the maximum periods for which, an inmate may be restrained by means of such equipment, > > > > > (v) the testing of inmates for drugs or alcohol, including the following, without limitation— > > > > > > > (i) the circumstances in which an inmate may be tested for drugs or alcohol, > > > > > > > (ii) the use of a non-invasive sample provided by, or taken from, an inmate for the purposes of a test for drugs or alcohol, > > > > > > > (iii) the nature of the tests to be used, > > > > > > > (iv) the circumstances in which and persons with whom a test result may be shared by the Commissioner, > > > > > (v1) analyses in connection with any such tests and the admission of certificates relating to the results of any such analyses as prima facie evidence in any proceedings for a correctional centre offence (within the meaning of section 51A) being dealt with under this Act by a governor or Visiting Judge, > > > > > (w) (Repealed) > > > > > (x) the appointment of medical officers for correctional centres, > > > > > (x1) the accreditation and authorisation, and the process of accreditation and authorisation, of ministers of religion and other spiritual advisors for correctional centres, including by authorising the Commissioner to accredit and authorise or decide the process, > > > > > (x2) the role, responsibilities and entitlements of ministers of religion, including accredited chaplains, and other spiritual advisors for correctional centres, > > > > > (y) the functions of correctional officers and other staff employed within a correctional centre or correctional complex, > > > > > (z) the form of any warrants issued for the purposes of this part, > > > > > (z1) authorising the Commissioner to approve documents required by the Act, > > > > > (z2) the records the Parole Authority must keep in relation to proceedings of the Parole Authority, > > > > > (z3) authorising the Commissioner to impose requirements on the keeping of records by a governor of a correctional centre, > > > > > (z4) authorising the Commissioner to approve biometric identification systems used for the purposes of identifying inmates, staff and visitors. > > > (2) Without limiting subsection (1), the regulations may make provision for or with respect to the treatment, accommodation and detention of Commonwealth post sentence terrorism inmates and NSW post sentence inmates. > > > (3) The regulations may authorise a matter or thing specified in subsection (1) to be determined, applied, regulated or otherwise dealt with, from time to time, by a person or body specified in the regulations. > > > (4) The Commissioner, the governor of a correctional centre or a principal security officer may appoint, approve or authorise a person or class of persons to carry out functions under this Act. > > > (5) Without limiting subsection (1)(i) and (j), the regulations may provide for the following— > > > > > (a) the cost of a service provided to an inmate to be met by the inmate, including a telephone call made or fax sent by the inmate, > > > > > (b) the costs incurred in processing or developing a photograph, film, tape or recording taken at a correctional centre and confiscated under the regulations to be met by the person who took the photograph, film, tape or recording. > > > (6) In this section— > > > > dealt with includes approved, authorised, carried out, decided, permitted, refused, required or made the subject of a direction. > > **s 79:** Am 2000 No 110, Sch 1 \[16\]–\[21\]; 2001 No 83, Sch 1 \[4\]; 2002 No 36, Sch 1 \[3\]; 2003 No 82, Sch 2.7 \[1\]; 2004 No 47, Sch 1 \[19\] \[20\]; 2008 No 108, Sch 1 \[8\] \[9\]; 2009 No 47, Sch 1 \[2\]; 2011 No 45, Sch 2.4 \[1\]; 2013 No 4, Sch 2.6 \[2\]; 2017 No 68, Sch 2.6 \[4\]; 2025 No 6, Sch 1\[14\]–\[40\]; 2025 No 61, Sch 2.24\[4\].