Offenders sentenced to imprisonment in New South Wales must undergo security classification to determine the appropriate prison based on the seriousness of their crime and past behavior. Those at risk of attack may be placed in protective custody. Parole eligibility is set at sentencing and requires proof of rehabilitation. Sex offenders must register with police and their information is tracked nationally. Non-citizens convicted of a crime can potentially be deported.

1. POST-SENTENCING
CONSIDERATIONS

2. Crimes (Administration of
Sentences) Act 1999 (NSW)
 Administers imprisonment and other
sentences
 Offenders who are sentenced to prison must
be assessed and given a security classification
to ensure they are sent to an appropriate
prison
 The terms of community-based and non-
custodial sentences must be served exactly,
else the offender’s sentence will be reviewed
by the courts

3. Considerations
Security
Classification
Protective
Custody
Parole
Preventative
and Continued
Detention
Sexual
Offenders
Register
Deportation

4. Security Classification
 Based on seriousness of the crime, likelihood
of rehabilitation and behaviour during previous
jail terms.
Maximum Security Medium Security Minimum Security
Most serious of offenders;
escape would be extremely
dangerous to the public
Offenders mostly restricted
to their cells
Offenders can move about
the prison; high walls and
security fences exist
More flexibility and open
conditions for offenders
Goulburn Correctional
Centre (Men)
Silverwater Women’s
Correctional Centre
Tamworth Correctional
Centre
Silverwater Correctional
Centre
15% of prisoners 20% of prisoners 53% of prisoners

5. Protective Custody
 Some offenders are
at risk of attack from
other prisoners
 In these
instances, protective
custody must be
provided; this may
take the form of
isolation within
prison
 What sort of
offenders?
 Why is it important
to provide protection
to people convicted
of a crime?

6. Parole
 The earliest date an offender can apply for parole
is set by the judge or magistrate at sentencing
 In order to earn parole, an offender must prove
they have been rehabilitated and are unlikely to
reoffend
 A range of conditions are placed on offenders who
are released on parole
 Regular meetings with a parole officer
 Good behaviour bond
 Gainful employment
 Avoiding certain places
 Completing counselling or education courses

7. Preventative and Continued
Detention
 Harsh and controversial – imprisonment to
prevent a crime from occurring, or beyond the
end of a sentence served
 May relate to terrorism charges or serious
sexual offenses
 Examples of continued detention
 Gregory Wayne Kable (found to be
unconstitutional)
 Julian Knight (Hoddle St killer)

8. Sexual Offenders Register
 Child Protection (Offenders Registration) Act
2000 (NSW)
 Sex offenders must register with local police when
they are released from prison
 Must also provide personal information, including
travel plans
 The Australian National Child Offenders
Register
 Helps to monitor sex offenders across the
country, keeping police informed
 Some argue that Registers punish offenders

9. Deportation
 Migrants living in Australia as permanent
residents (or on a lesser Visa) who are
convicted of a crime may be deported under
the Migration Act 1958 (Cth)
 Does not apply to dual citizens (unless they
are fighting for the army of a nation at war with
Australia)