CORRECTIONS MANAGEMENT ACT 2007 - SECT 217 Lawful temporary absence from correctional centre

CORRECTIONS MANAGEMENT ACT 2007 - SECT 217

    (1)     This section applies to a detainee who is absent from a correctional centre under any of the following:

        (a)     a direction by the director-general, including a direction under—

              (i)     section 54 (Transfers to health facilities);

              (ii)     section 204 (Local leave directions);

        (b)     a local leave permit;

        (c)     an interstate leave permit;

        (d)     any other authority (however described) prescribed by regulation.

    (2)     To remove any doubt, the detainee is—

        (a)     taken to be in the director-general's custody; and

        (b)     if under escort by an escort officer—also taken to be in the escort officer's custody.

    (3)     However, a detainee transferred to a secure mental health facility under a direction under section 54 (Transfers to health facilities) is taken to be in the director-general's custody only—

        (a)     until the detainee is admitted to the facility; and

        (b)     if the detainee is transferred from a secure mental health facility under the Mental Health Act 2015

, section 144B (Taking person to appear before court)—from when the detainee is transferred until when the detainee is returned; and

        (c)     if the detainee is returned to a correctional centre—when the detainee is discharged from the facility.

Note     See the Mental Health Act 2015

, s 144A (Transfer of custody if person admitted to secure mental health facility) for custody while at a secure mental health facility and s 144B (Taking person to appear before court) for custody when attending court.

    (4)     In this section:

"admitted" to a secure mental health facility includes transferred to the facility.

Example

A person is transferred to a secure mental health facility from another unit at the Canberra Hospital.