NSW Lower Standard of Proof for Correctional Centre Governors to Penalise Inmates

Crimes (Administration of Sentences) Amendment (Standard of Proof) Bill 2025

27 Nov 2025: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Council

Legislative Assembly

Assent

Share this bill

Email Facebook X Bluesky

Topics

correctional centres criminal justice inmate privileges prison management prisoner discipline

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 centre governors no longer need to prove an inmate is guilty beyond reasonable doubt to impose penalties; they only need to be satisfied on the balance of probabilities.
Governors can strip inmates of privileges for up to 6 months for mobile phone offences; this requires proof on the balance of probabilities.
Governors can strip inmates of privileges for up to 6 months for drug test offences; this requires proof on the balance of probabilities.
Visiting Magistrates still require proof beyond reasonable doubt to strip inmates of privileges for mobile phone or drug test offences.
The lower standard of proof applies to charges committed before the law starts; this applies if a governor has not yet made a final decision.
Decisions made before the law starts can now be reviewed; this applies if the governor originally used the beyond reasonable doubt standard.

The Debate

What different members said when this bill was debated:

Tamara Smith GRN

“On behalf of The Greens, I contribute to debate on the Crimes (Administration of Sentences) Amendment (Standard of Proof) Bill 2025. The Greens stridently oppose the legislation. Our spokesperson in the other place Ms Sue Higginson, MLC, made great efforts to try to work with the Government on the bill by proposing amendments, but she only got approval for a couple of minor amendments.”

Official source →

Adam Crouch LIB

“As the shadow Minister for Corrections, I speak on behalf of the Opposition about the Crimes (Administration of Sentences) Amendment (Standard of Proof) Bill 2025. The Opposition will supports the bill with the amendments from the other place. It is important to go through some of the details of the bill itself.”

Official source →

Edmond Atalla ALP

“I thank the member for Ballina and the member for Terrigal for their contributions to debate. I welcome the bipartisan support for the Crimes (Administration of Sentences) Amendment (Standard of Proof) Bill 2025. The bill improves accountability in inmate misconduct proceedings by changing the standard of proof in those proceedings to the balance of probabilities.”

Official source →

News articles and press releases

Crimes (Administration of Sentences) Amendment (Standard of Proof) Bill 2025

The Hon. MARK BUTTIGIEG — 2025-10-14

The bill amends the Crimes (Administration of Sentences) Act 1999 to change the standard of proof for determining correctional centre offences from the criminal standard of beyond reasonable doubt to the civil standard of satisfied on the balance of probabilities that the inmate is guilty of a correctional centre offence. The proposed amendments align the standard of proof for correctional centre offences in New South Wales with other Australian jurisdictions where the civil standard of proof is applied in all or most inmate discipline matters.