CORRECTIONS MANAGEMENT ACT 2007 - SECT 208 Interstate leave permits

CORRECTIONS MANAGEMENT ACT 2007 - SECT 208

    (1)     The director-general may, by written notice (an interstate leave permit ) given to a full-time detainee, give the detainee leave to travel to and from, and remain in, a participating State.

    (2)     An interstate leave permit must include the following details:

        (a)     the State or Territory to which the permit applies;

        (b)     the purpose for which the leave is granted;

        (c)     the period, not longer than 7 days, for which leave is granted.

Note 1     If a form is approved under s 228 for this provision, the form must be used.

Note 2     Power given under an Act to make a statutory instrument (including an interstate leave permit) includes power to amend or revoke the instrument (see Legislation Act

, s 46 (1)).

    (3)     For subsection (2) (c), the director-general may, before the permit ends (a current permit ), decide to extend the current permit for an additional period (an "extension period") if—

        (a)     the date the extension period ends is within 7 days after the day the current permit ends; and

        (b)     the director-general is satisfied that—

              (i)     an extension of the current permit is for a purpose for which an interstate leave permit may be granted under this section; and

              (ii)     appropriate measures are in place to allow the detainee to remain at a particular place in the State to which the permit applies.

    (4)     The director-general may make a decision under subsection (3) more than once.

Note     The director-general may also direct a full-time detainee to be removed to a NSW correctional centre under the Crimes (Sentence Administration) Act 2005

, s 26 (Full-time detention in ACT or NSW).

    (5)     If the director-general delegates the function mentioned in subsection (3), a delegate who extends a permit that has previously been extended at least 3 times must tell the director-general about the delegate's decision.

Note     For the making of delegations and the exercise of delegated functions, see the Legislation Act

, pt 19.4.

    (6)     An interstate leave permit may be issued—

        (a)     for a full-time detainee with a high security classification—only if the leave is to enable the detainee to receive a health service or for a compassionate reason; or

        (b)     in any other case—for any purpose the director-general believes, on reasonable grounds, is appropriate.

    (7)     An interstate leave permit is subject to the following conditions:

        (a)     any condition prescribed by regulation;

        (b)     any other condition, consistent with the conditions (if any) prescribed by regulation, that—

              (i)     the director-general believes, on reasonable grounds, is necessary and reasonable; and

              (ii)     is stated in the permit.

Examples of conditions stated in interstate leave permits

1     a condition that an escort officer stated in the permit escort the detainee

2     a condition prohibiting association with a particular person or being near a particular place

3     a condition that an indigenous detainee travelling interstate to mark the birth or death of a relative be escorted by an indigenous elder or relative