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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42652
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I'm not sure whether this is the right place to ask but.. I

Customer Question

hey I'm not sure whether this is the right place to ask but..
I have been banned from visiting any nsw correctional centre for 2 years because of an incident that happed at parklea correctional centre. I have written to the commissioner and they have declined my request to only be able to visit my partner. I have admitted my wrongs and as this is my only offence I find that the conclusion of the situation is unreasonable. I have read the operations and procedures manual of corrective services nsw and it states that first time offences should be no longer than 3 months and that the restriction only applies to the centre in which the incident was held. Is there any hope in at least lowering my ban or be allowed visits to my partner only even if it means having boxed visits or supervised visits?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Do you know what section and what Act they have banned you under?

Can you send me the page you are referring to?

Customer: replied 1 year ago.
I've screen shorted the letters they have sent me
Expert:  Leon replied 1 year ago.

Good Afternoon

Where do you get the information that it is to be 3 months?

Customer: replied 1 year ago.
http://www.correctiveservices.justice.nsw.gov.au/Documents/custodial-op-proc-manual/POLICY-Visitor-restrictions-and-prohibitions.pdf
Expert:  Leon replied 1 year ago.

Good Afternoon

There is nothing in the document that sets out that the restriction has to be 3 months.

The Act is very broad and gives them a discretion to do what they want.

Depending on the seriousness of what has been done they can stop the contact indefinitely under the act

Under the policy you have 14 days to reply and point 2.3 sets out what you have to do.

If you have followed that and they still refuse then you have to go to court.

This would be dealt with initially by the Ombudsman.

If that fails then you can go to the Minister.

I hope this makes sense?

Customer: replied 1 year ago.
Ok well I'll do that then. How would I start off with going to court ?
Expert:  Leon replied 1 year ago.

Good Afternoon

You lodge a complaint with the ombudsman

https://www.ombo.nsw.gov.au/

But you have to show you have followed the procedures in 2.3 and still being refused

Good luck with it. If there is nothing further

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon