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Serving documents on inmates

If you would like to serve documents on an individual, and you know that the individual is in custody and the location, you should leave a copy of the documents at the correctional centre at which the inmate is held in custody with the General Manager of the correctional centre. Rule 10.25(1) of the Uniform Civil Procedure Rules 2005 provides that: ‘Personal service of a document on an inmate [within the meaning of the Crimes (Administration of Sentences) Act 1999] is effected by leaving a copy of the document, at the correctional centre at which the inmate is held in custody, with the general manager of the correctional centre.’

If you would like to serve documents on an individual you believe is in custody, but you do not know the location, and the documents are related to a criminal matter, you can write to the Commissioner of Corrective Services (GPO Box 31, Sydney NSW 2001) asking for the location and/or custodial status of the inmate. You must provide written proof that the location / custodial status are being requested for the purpose of a criminal matter.

If you would like to serve documents on an individual who you know is in custody, but you do not know the location, and the documents are related to a civil matter, Corrective Services NSW cannot disclose the location of the inmate. You can write to the Commissioner of Corrective Services (GPO Box 31, Sydney NSW 2001) asking for the documents to be served on the inmate, without the location of the inmate being revealed to you. You should provide written proof that you know the individual is in custody. Alternatively, you may subpoena the location of the inmate when you commence the civil proceedings.

In regard to obtaining the location and/or custodial status of an individual, it may not be in your interests to make an access application under the Government Information (Public Access) Act 2009 because if the individual objects to the release of the information, he or she will have appeal rights. It may be many months before you receive the information and it can only be the location / custodial status at the time of the application. The individual may move in the meantime.