NSW Exemption from Sexual Conduct Offences for Correctional Employees

Crimes (Administration of Sentences) Amendment Bill 2024

18 Mar 2025: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Assembly

Legislative Council

Assent

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Topics

corrections home detention offender reintegration prisoner payments prisoner rights

Introduced by: The Hon Anoulack Chanthivong MP (ALP); The Hon Penny Sharpe MLC (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

Correctional employees do not commit an offence for having a sexual relationship with someone on a community-based order; this applies if the employee did not know the person was on that order.
The Commissioner of Corrective Services can set conditions on how inmates are paid.
New regulations will govern how suitability reports are prepared for offenders seeking home detention.
Regulations can now set the costs for services provided to inmates; they can also cover the processing of confiscated material.
People appointed under section 236AA who are not Public Service employees can be paid travel and subsistence allowances.

The Debate

What different members said when this bill was debated:

Susan Carter LIB

“On behalf of the Opposition, I contribute to debate on the Crimes (Administration of Sentences) Amendment Bill 2024. This is an important bill. At its heart is the aim of strengthening accountability and transparency within Corrective Services.”

Official source →

Sue Higginson GRN

“On behalf of The Greens, I indicate that we support the Crimes (Administration of Sentences) Amendment Bill 2024.”

Official source →

Stephen Lawrence ALP

“I support the Crimes (Administration of Sentences) Amendment Bill 2024. It is particularly commendable because it continues the Government’s work to increase the integrity, transparency and clarity of Corrective Services NSW’s operations.”

Official source →

Mark Buttigieg ALP

“This bill is part of a suite of reforms the New South Wales Government is progressing to improve transparency and integrity in Corrective Services NSW.”

Official source →

News articles and press releases

Crimes (Administration of Sentences) Amendment Bill 2024

Mr ANOULACK CHANTHIVONG, Minister for Better Regulation and Fair Trading — 2024-11-19

The bill amends the Crimes (Administration of Sentences) Act 1999 to enhance transparency and integrity in the operations of Corrective Services NSW. The proposed amendments strengthen the offence that prohibits relationships between correctional employees and inmates, in response to a recommendation made by the Special Commission of Inquiry into Offending by Former Corrections Officer Wayne Astill at Dillwynia Correctional Centre. The bill also introduces several miscellaneous amendments to improve clarity and transparency and ensure that provisions in the supporting Crimes (Administration of Sentences) Regulation 2014 are appropriately supported by express regulation-making powers in the Act.