CORRECTIONS ACT 1986 - SECT 57D Provisions applying to all custodial community permits

CORRECTIONS ACT 1986 - SECT 57D

    (1)     The Secretary may only issue a custodial community permit to a prisoner if the Secretary is satisfied that—

        (a)     adequate consideration has been given to the safety and welfare of the prisoner and members of the public; and

        (b)     facilities exist for the provision of adequate and suitable escort and transport where necessary; and

        (c)     in addition to the requirements of this Division, the issuing of the permit complies with any requirements set out in the regulations.

    (2)     In issuing a custodial community permit, the Secretary—

        (a)     must comply with any requirements set out in the regulations; and

        (b)     may impose any conditions on the permit that he or she thinks are appropriate.

    (3)     A custodial community permit—

        (a)     authorises the prisoner to be absent from the prison for the period stated in the permit; and

        (b)     is subject to any relevant conditions set out in the regulations and any other conditions set out in the permit.

    (4)     The Secretary may issue a custodial community permit in accordance with this section to a prisoner who is not in a prison.

    (5)     If the Secretary issues a custodial community permit to a prisoner who is not in a prison, the Secretary must nominate a prison as the prison from which the prisoner is authorised to be absent.

    (6)     Nothing in this Division is intended to prevent the Secretary from re-issuing a permit that has expired.

    (7)     In the case of a person referred to in section 57C(1)(b), a reference to a prisoner in this section is to be read as a reference to the person.

S. 58 substituted by No. 16/1991 s. 15(1).