Corrective Services NSW
Offender Classification & Case Management
Policy & Procedures Manual
18.4 – PUBLIC INTEREST INMATES AND
THE PRE-RELEASE LEAVE COMMITTEE (PRLC)
TABLE OF CONTENTS
18.4.
Public Interest Inmates and the Pre-Release Leave Committee ................................................... 2
18.4.1.
Responsibility ................................................................................................................................. 2
18.4.2.
Legislation / Policy ......................................................................................................................... 2
18.4.3.
Public Interest Criteria .................................................................................................................... 2
18.4.4.
When Applications are to be Referred to the PRLC ...................................................................... 4
18.4.5.
Procedures ..................................................................................................................................... 4
18.4.6.
Forensic Patients Managed by Mental Health Review Tribunal (MHRT) Procedures ................... 5
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18.4.
Public Interest Inmates and the Pre-Release Leave Committee
18.4.1. Responsibility

General Manager

Manager Security

Committee Officer, Pre-Release Leave Committee

Manager, Offender Services & Programs (Employment)

Classification and Case Management Review Coordinator

Case Management Team

Manager, Deputy Manager Classification and Placement

Senior Assistant Superintendent/Principal

Assistant Superintendent/Chief/Senior Correctional Officer

Statewide Disability Services staff (SDS)
18.4.2. Legislation / Policy

Crimes (Administration of Sentences) Regulation 2014, Clause 268

Crimes (Administration of Sentences) Act 1999, Clauses 197 & 198

Offender Classification & Case Management Policy & Procedures Manual
o
Chapter 19 Section 6(2) Orders
o
Chapter 25 Registered Victims

Custodial Corrections operations Procedures Manual(CCOPM)

External Leave Program Policy

Commissioner’s Instruction 2013/03 – General Managers can approve Section 6(2) ON/OFF
complex/property for Public Interest inmates

Commissioner’s Memorandum 2014/32 – Forensic Patients – compliance with Court and Tribunal
Orders
The classification progression of a Public Interest Inmate is to occur as for a non-public interest inmate up to
and including C2/CAT2. Progression in classification is NOT linked to Commissioner’s Guidelines
applied to Serious Offenders.
1. Refer CCOPM
1.1. Any inmate designated as a Public Interest Inmate MUST be approved by the Commissioner, after
consideration of advice from the Pre-Release Leave Committee (a sub-committee of the SORC), to
participate in the unescorted External Leave Program.
18.4.3. Public Interest Criteria
The criteria for designation as a Public Interest Inmate are as follows:
A Public Interest Inmate is one who is described by one or more of the following criteria:
Of Wide Public Interest
-
An offender serving a custodial sentence for an offence which is the subject of wide public interest.
Solicit or Conspiracy to Murder
-
An offender convicted of an offence of solicit or conspiracy to murder for which he/she is currently
serving a custodial sentence.
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Manslaughter
-
An offender convicted of an offence of manslaughter for which he/she is currently serving a custodial
sentence with a non-parole period of or fixed term of 3 years or more.
Illegal Use and/or Sale of a Firearm(s) or Dangerous Substance
-
An offender convicted of an offence involving the illegal sale or use of a firearm or of a substance to
be used in the manufacture of explosive for which he/she is currently serving a custodial sentence
with a non-parole period of or fixed term of 3 years or more.
Driving Offences
-
An offender convicted of an offence of driving causing death or aggravated bodily harm for which
he/she is currently serving a custodial sentence with a non-parole period of or a fixed term of 3 years
or more.
Domestic Violence
-
An offender who is the perpetrator of serious domestic violence of relevance to a current conviction
for which he/she is currently serving a custodial sentence with a non-parole period of or a fixed term
of 12 months or more.
Sex Offences
-
An offender convicted of a sex offence, including pornography/prostitution, against a person 16
years of age or under for which he/she is currently serving a custodial sentence with a non-parole
period of or a fixed term of 3 years or more.
Employee of a Criminal Justice/Customs Agency
-
An offender convicted of an offence committed while an employee of a Criminal Justice/Customs
Agency, whether or not the offence was work related, and for which he/she is currently serving a
custodial sentence with a non-parole period of or a fixed term of 3 years or more.
Bringing Non-Citizens Illegally Into Australia (People Smuggling and Related Offences)
-
An Australian citizen/permanent resident convicted of an offence of people smuggling and/or related
offence(s) for which he/she is currently serving a custodial sentence with a non-parole period of or a
fixed term of 5 years or more.
Unlawful Non-Citizens
-
An offender convicted for an offence(s) committed while the offender was not an Australian citizen or
the holder of a visa giving permanent residency and for which he/she is currently serving a custodial
sentence.
This criterion applies to an offender who has had a permanent residency visa cancelled.
Status Conferred by Commissioner
-
An offender who, in the opinion of the Commissioner is of public interest and is currently serving a
custodial sentence.
Delegation of the Director, Offender Classification, Case Management and External Leave Programs
-
With regard to each of the categories of offences above, and any other offences, the Director,
Offender Classification, Case Management and External Leave Programs is delegated a general
discretion from the Commissioner with regard to the inclusion and exclusion of any inmate.
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-
An offender may not appeal a decision of the Director. An offender may only request exclusion
through an application, outlining exceptional circumstances, when the General Manager in writing
supports such an application.
-
An offender sentenced in another country or an interstate offender who may be serving all or part of
his/her sentence in NSW may, at the discretion of the Director be designated as a public interest
inmate.
Procedures for the consideration of an inmate whose offence and/or sentence is within criteria for public
interest status are described in Section 20.2.12 External Leave Programs Policy.
Procedures for the consideration of an inmate whose offence and/or sentence is outside the criteria for
public interest status are described in Section 20.2.4 External Leave Programs Policy.
Where a General Manager, the Manager/Deputy Manager, Classification and Placement of Classification or
the Classification and Case Management Review Coordinator is of the opinion that an inmate should be
identified as a ‘public interest inmate’ or excluded from such a designation, then a report is to be submitted to
the Director, Offender Classification, Case Management and External Leave Programs, clearly outlining the
reasons for the opinion. Under delegation from the Commissioner, the Director will then determine whether
or not the inmate is to be designated a ‘Public Interest Inmate’. Judges Sentencing Remarks must be
included with the submission.
An inmate who is designated Public Interest and who is granted parole is to continue to be managed as a
Public Interest inmate should he/she be returned to custody having breached parole given for offence(s) for
which Public Interest designation was determined.
18.4.4. When Applications are to be Referred to the PRLC
Inmates who satisfy the definition of ‘public interest inmate’, must be referred to the PRLC in the following
situation/circumstances to gain Commissioner’s approval for:

An Australian citizen, permanent resident or unlawful non-citizen to progress to C3/Cat1 and
thereby allowing consideration for participation in an Unescorted External Leave Program.
18.4.5. Procedures
1. The criteria common to all unescorted External Leave Programs apply to public interest inmates.
Refer to Chapter 20.
2. When the CMT considers a public interest inmate for reduction to C3/Cat1, the Classification and
Case Management Review Coordinator is to complete the Pre-Release Leave Committee Checklist
form (S2D23 – refer Forms section)
3. The inmate is not to have been found guilty of a positive urinalysis/breath test charge or have
refused to be tested during the three months immediately prior to the date of acceptance on to the
External Leave Program.
NB: This criterion does not apply to inmates on the Ngara Nura or Bolwara Programs.
4. The CMT forwards the completed form with the relevant reports and documentation (refer to the
PRLC checklist) to the MOSP(E), MOS and General Manager for comment and signature and then
to the Manager/Deputy Manager, Classification and Placement for consideration and
recommendation(s). The Manager/Deputy Manager, Classification & Placement, in supporting a
C3/Cat1, may vary the recommendation by the CMT. The Classification and Case Management
Review Coordinator is to check the PRLC checklist to ensure that all required
information/documentation is attached before forwarding to the Secretariat of the SORC for
consideration by the PRLC at its next available meeting and record the recommendations of the
PRLC.
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5. Should the SORC Secretariat note any incomplete or ambiguous documentation forwarded from the
correctional centre, it is to immediately contact the Classification and Case Management Review
Coordinator by phone and email/fax outlining the specific additional information required. The
correctional centre is to email/fax such additional information to the SORC Secretariat for attachment
to the original documentation within 7 days of contact. Every effort is to be made to ensure that a
delay in the presentation of documentation before the PRLC does NOT occur.
6. The PRLC Committee Officer is to draw up the minutes of the meeting including the specific advice
to the Commissioner.
7. Should the PRLC or the Commissioner request additional information or clarification of
documentation, the SORC Secretariat is to contact the Classification and Case Management Review
Coordinator in the correctional centre by phone and email/fax within 24 hours of the return of the
minutes to the SORC Secretariat from the Commissioner with the specifics of the request.
The correctional centre is to email/fax the additional information sought to the SORC Secretariat for
attachment to the existing documents within 21 days of notification of the request, unless the request
states otherwise. In such situations, the SORC Secretariat will retain the application pending receipt
of the additional material.
st
If the additional material is not received by the end of the 21 day, then the application will be
returned to the Manager, Offender Services and Programs (Employment) of the correctional centre
housing the inmate to complete and re-submit unless the Manager, Offender Services and Programs
(Employment) has arranged an extension of time with the Secretariat as a result of difficulties in
obtaining the required information.
8. Should the PRLC defer determining a recommendation pending consideration of additional
information sought from the correctional centre, the SORC Secretariat is to ensure that the matter is
re-listed for consideration at the next scheduled meeting of the PRLC after receipt of additional
information.
9. The PRLC Committee Officer is to forward the minutes of the PRLC meeting to the Commissioner
and enter the results of the Commissioner’s decision(s) onto the OIMS screen, and forward a letter
to the inmate informing him/her of the Commissioner’s decision (copy to Classification and Case
Management Review Coordinator and General Manager).
10. All application documentation is to be returned to the Classification and Case Management Review
Coordinator, (Correctional Manager, Case Management, Classification and Placement – GEO/Case
Management Supervisor – GEO) in the centre where the inmate is located.
11. All documentation is to be retained on the inmate’s case file.
18.4.6. Forensic Patients Managed by Mental Health Review Tribunal (MHRT) Procedures
1. Refer Chapter 20
Forensic patients will only be permitted to participate in an unescorted external leave program, if the
Commissioner has given approval after consideration of a recommendation from the PRLC for such
participation. Where the inmate is a forensic patient with an intellectual disability, advice regarding
participation should be sought from Statewide Disability Services (SDS) staff. Where the MHRT
recommends that a forensic patient participate in an unescorted external leave program, the CMT is to
consider the MHRT and SDS (where applicable) recommendation and itself make a recommendation to
the General Manager. The General Manager is to indicate support or otherwise for the recommendation
of the CMT and forward all relevant documentation, including the recommendation of the MHRT through
the Manager/Deputy Manager, Classification & Placement to the PRLC.
Forensic patients who are also Serious Offenders will only be permitted to participate in a Pre-Release
External Leave Program or work/program activity ON/OFF the correctional centre/complex/property, if
the Commissioner has given approval after considering advice from the SORC.
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