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Crimes (Sentence Administration) Act 2005
36Full-time detention in NSW
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36 Full-time detention in NSW
(1) A full-time detainee may be kept in full-time detention at the NSW
correctional centre stated in the direction, or at any other NSW
correctional centre, until the detainee is released from imprisonment
under this Act or another territory law.
(2) If the full-time detainee is serving a sentence of imprisonment, the
detainee—
(a) is taken, while in full-time detention at a NSW correctional
centre, to be serving the sentence of imprisonment at a
correctional centre as required by the Crimes (Sentencing)
Act 2005, section 10 (3) (Imprisonment); but
(b) until released from imprisonment under this Act or another
territory law, may be dealt with as if the detainee’s sentence
were a sentence imposed under New South Wales law.
(3) Despite subsection (2) (b)—
(a) the following provisions of this Act apply in relation to the
full-time detainee:
(i) section 30 (Unlawful absence by offender—extension of
sentence);
(ii) section 31 (Early release of offender);
(iii) section 32 (Release at end of sentence);
(iv) section 33 (Offender not to be released if serving another
sentence etc);
(v) chapter 7 (Parole);
(vi) section 198 (Board may require official reports);
(vii) chapter 13 (Release on licence, remission and pardon);
(viii) a provision prescribed by regulation; and
(b) the following provisions of the Corrections Management
Act 2007 apply in relation to the detainee:
(i) section 94 (Segregated detainees removed to NSW);
(ii) a provision prescribed by regulation.
Note The Crimes (Administration of Sentences) Act 1999 (NSW), s 44 makes
provision for ACT law to apply in relation to the full-time detainee.