M1 - Learner Manual

2.5. Prison Custody

In each state and territory in Australia there is legislation in place that deals with the responsibilities of Corrective Services and the rights of people who are in prison custody. There are a lot of legislative instruments that are relevant to persons in custody, including the Crimes (Administration of Sentences) Act 1999 (NSW) and the Crimes (Interstate Transfer of Community Based Sentences) Act 2004 (NSW). The Department of Corrective Services^[1] is responsible for correctional services and programs for people in custody throughout NSW. These programs are directed toward reducing re-offending and also enhancing community safety. The Bail Act 2013 (NSW) is an important piece of legislation as it proscribes the procedures and processes relating to bail. You need to also be familiar with the Crimes Act 1900 (NSW)  as this will assist you with your client’s substantive matter. 

In these cases, you may need to advocate on behalf of or assist your client with a range of issues. For example:-

• You or the family may have a welfare concern about a client. 
• They may need to get some legal advice about their case.
• Your client may need some assistance in accessing support services or programs.
• There may be an allegation of mistreatment whilst in custody.
• Your client may need representation at their parole hearing.