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CORRECTIONS ACT 1986 - SECT 31 Children

CORRECTIONS ACT 1986 - SECT 31

Children

S. 31(1) amended by Nos 16/1991 s. 6, 45/1996 s. 17(Sch. 1 item 24).

    (1)     At the request of a prisoner who is the child's parent the Secretary may permit the prisoner's child to live with the prisoner in the prison if the Secretary is satisfied that—

        (a)     it is in the best interests of the child to live with his or her parent in the prison; and

        (b)     the management good order or security of the prison will not be threatened by the child living in the prison.

    (2)     The prisoner is responsible for the safety and care of the prisoner's child while the child lives in the prison.

S. 31(3) amended by Nos 16/1991 s. 6, 45/1996 s. 17(Sch. 1 item 24).

    (3)     If the Secretary considers that the child's behaviour is threatening the security or good order of the prison or the child's safety is threatened, the Secretary may cause the child to be removed from the prison.

S. 31(4) inserted by No. 72/2001 s. 3(Sch. item 4.3).

    (4)     In this section, parent of a child means a person who would have day to day care and control of the child and with whom the child would ordinarily be resident if the person were not in prison.

S. 31A inserted by No. 16/1991 s. 7, repealed by No. 45/1996 s. 5, new s. 31A inserted by No. 64/2017 s. 8.