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Record of remission and related matters

Prisons Regulations

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—(1) A record of remission must be kept for every prisoner, in accordance with this regulation, except a prisoner committed for debt.(2) The record of remission for a prisoner to whom Division 2 of Part 5B or section 50ZE of the Act applies must contain all of the following information:(a)the latest possible date of release;(b)the periods that are not reckonable for the purposes of a remission order under section 50I of the Act;(c)the earliest possible date on which a remission order must be made under section 50I of the Act;(d)if the prisoner’s sentence exceeds 20 years —(i)the date on which the prisoner would have served 20 years of his or her sentence if he or she were not earlier released; or(ii)if he or she has served 20 years of his or her sentence, the Minister’s decision or decisions after reviewing the prisoner’s case under section 50J of the Act;(e)if a remission order is made in respect of the prisoner —(i)the remainder of the prisoner’s sentence as determined under section 50K or 50ZE(3) and (5) of the Act, as the case may be;(ii)the duration of the remission order under section 50L or 50ZE(2), (3) and (5) of the Act, as the case may be;(iii)any extension of the remission order under section 50M, 50N or 50ZE(2) of the Act, as the case may be; and(iv)any breach of the basic condition of the remission order and the length of any enhanced sentence imposed under section 50T of the Act for that breach.(3) The record of remission for a prisoner to whom Division 3 of Part 5B of the Act applies must contain all of the following information:(a)the date on which the prisoner would have served 20 years of his or her sentence;(b)if he or she has served 20 years of his or her sentence, the Minister’s decision or decisions after reviewing the prisoner’s case under section 50P of the Act;(c)if a remission order is made in respect of the prisoner, any breach of the basic condition of the remission order and the length of any enhanced sentence imposed under section 50T of the Act for that breach.(4) The record of remission for a prisoner to whom Division 6 of Part 5B or section 50ZD of the Act applies must contain all of the following information:(a)the latest possible date of release;(b)the periods that are not reckonable for the remission of the prisoner’s sentence under section 50I or 50ZD of the Act;(c)the earliest possible date on which the prisoner’s sentence would be remitted under section 50ZB or 50ZD of the Act;(d)if the prisoner’s sentence exceeds 20 years —(i)the date on which the prisoner would have served 20 years of his or her sentence if he or she were not earlier released; or(ii)if he or she has served 20 years of his or her sentence, the Minister’s decision or decisions after reviewing the prisoner’s case under section 50ZD(4) or (5) of the Act;(e)if a remission order is made in respect of the prisoner —(i)the remainder of the prisoner’s sentence as determined under section 50ZD(6) of the Act;(ii)the duration of the remission order under sections 50L and 50ZD(6) and (7) of the Act;(iii)any extension of the remission order under section 50M or 50N, and section 50ZD(6) of the Act; and(iv)any breach of the basic condition of the remission order and the length of any enhanced sentence imposed under section 50T of the Act for that breach.(5) The record of remission for a person who is required by the Commissioner to comply with mandatory aftercare conditions under section 50V of the Act must contain, in addition to all of the information mentioned in paragraph (2), (3) or (4), all of the following information:(a)the mandatory aftercare conditions that are imposed on the person;(b)any minor breach of a mandatory aftercare condition and any punishment imposed by the Commissioner under section 50X of the Act for that breach;(c)any serious breach of a mandatory aftercare condition and the duration of any sentence imposed under section 50Y of the Act for that breach.(6) Any period of time to be recorded under this regulation must be recorded in whole days.

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