South Australian Consolidated Acts

CORRECTIONAL SERVICES ACT 1982 - SECT 27

27—Leave of absence from prison

        (1)         The Chief Executive Officer may, by written order, grant to a prisoner leave to be absent from the place in which he or she is being detained—

            (a)         for the medical or psychiatric examination, assessment or treatment of the prisoner; or

            (b)         for the attendance of the prisoner at an educational or training course; or

            (c)         for the participation of the prisoner in paid employment or in any form of recreation, entertainment or community service; or

            (d)         for such compassionate purpose as the Chief Executive Officer thinks fit; or

            (e)         for any purpose related to criminal investigation; or

            (f)         for such other purpose as the Chief Executive Officer thinks fit.

        (1a)         However, a prisoner may not be granted leave to be absent from the place in which he or she is being detained in circumstances set out in the regulations.

        (2)         Leave of absence granted under this section may be subject to such conditions as the Chief Executive Officer thinks fit, including, where the Chief Executive Officer thinks it is appropriate, a condition that the prisoner will be in the custody of, and supervised by, one or more officers or employees of the Department authorised by the Minister for the purpose.

        (2a)         If leave of absence is to be granted to a prisoner for participation in paid employment, the Chief Executive Officer may impose a condition requiring the prisoner to pay to the Chief Executive Officer a specified amount per week, calculated in accordance with the Minister's directions, towards the cost of his or her board and lodging while so employed, or towards reducing the amount of any VIC levy that the prisoner is liable to pay in respect of any offence.

        (3)         The Chief Executive Officer may, by written order, revoke a leave of absence granted under this section, or vary or revoke any of the conditions to which it is subject or impose further conditions.

        (4)         Where a prisoner is still at large after the revocation or expiry of leave of absence, the prisoner may be apprehended without warrant by any member of the police force or any officer or employee of the Department authorised by the Minister for the purpose.

        (5)         A prisoner who is still at large after the expiry of leave of absence will be taken to be unlawfully at large.

        (6)         A prisoner is not, while still at large after revocation of leave of absence, serving his or her sentence of imprisonment.