Situations where a client is imprisoned include:

  • in custody in a correctional centre (adult prison) of any grading, including a prison farm
  • detention in a juvenile detention centre
  • admission to a prison hospital
  • admission to a public hospital after transfer from prison under guard because of medical emergency.

The following situations do NOT constitute imprisonment for the purposes of S23(2):

  • parole
  • community service orders
  • detention in a remand centre or police cells
  • home detention (e.g. under the Home Detention Act 1996 (NSW))
  • Court-ordered residence in an alcohol and drug rehabilitation centre.