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CORRECTIONS ACT 1997 - SECT 42 Leave permits

CORRECTIONS ACT 1997 - SECT 42

Leave permits

(1)  The Director may grant to a prisoner or detainee a leave permit authorising the prisoner or detainee to be absent from a prison for any of the following purposes:
(a) to visit a near relative or a person with whom the prisoner or detainee has had a longstanding relationship if that relative or person is seriously ill or in acute personal need;
(b) to attend the funeral of a near relative or a person with whom the prisoner or detainee has had a longstanding relationship;
(c) to attend interviews and discussions in relation to the prisoner's or detainee's proposed employment;
(d) to attend a place of education or training in connection with a course of education or training;
(e) to perform unpaid community work;
(f) in the case of a prisoner or detainee who is an Aboriginal person, to attend events of special cultural significance to the Aboriginal community;
(g) to take part in a program approved by the Director that is designed to facilitate –
(i) the rehabilitation of the prisoner or detainee; or
(ii) the reintegration of the prisoner or detainee in the community; or
(iii) the preparation of the prisoner or detainee for release; or
(iv) the maintenance of the family ties of the prisoner or detainee;
(h) with the Minister's approval, any other purpose which the Director considers appropriate.
(2)  For the purposes of subsection (1)(a) and (b) , the question whether a person is a near relative of a prisoner or detainee and has had a longstanding relationship with the prisoner or detainee is to be determined by the Director.
(3)  A leave permit –
(a) is to specify the period during which a prisoner or detainee may be absent from a prison in pursuance of the permit; and
(b) is subject to such conditions and restrictions as the Director considers appropriate and as are specified in the permit.
(4)  Without limiting the generality of subsection (3)(b) , the conditions and restrictions to which a leave permit may be subject may include a condition that the prisoner or detainee to whom the permit is granted is, while absent from prison during the currency of the permit, to be in the custody of –
(a) a correctional officer; or
(b) a probation officer; or
(c) any other person authorised by the Director for that purpose.
(5)  A leave permit may authorise the absence of –
(a) a prisoner or detainee on one occasion or a number of occasions; or
(b) a prisoner or detainee for one purpose or a number of purposes; or
(c) a number of prisoners or detainees for the same purpose on one occasion or a number of occasions.
(6)  A leave permit may authorise a number of absences within the period of 60 days from its granting but no one absence is to be more than one week.
(7)  As soon as possible after granting a leave permit, the Director is to cause a copy of the permit to be given to both the person to whom it is granted and the person's custodian (if any).
(8)  If the custodian of a person to whom a leave permit is granted is of the opinion that that person has failed to comply with a condition or restriction to which the permit is subject or that he or she is likely to so fail to comply, the custodian may return that person to a prison.
(8A)  If any correctional officer who is not a custodian of a person to whom a leave permit is granted believes on reasonable grounds that the person has failed to comply with a condition or restriction to which the permit is subject or that he or she is likely to so fail to comply, the correctional officer may return that person to a prison.
(9)  For the purposes of subsection (8) or (8A) , a custodian or a correctional officer may request any person to give such assistance as the custodian or correctional officer may require.
(10)  A request made by a custodian or correctional officer to a person pursuant to subsection (9) is sufficient warrant to that person to assist the custodian or correctional officer in accordance with the terms of the request.