CORRECTIONS ACT 1986 - SECT 6C Persons not regarded to be in the Secretary's legal custody

CORRECTIONS ACT 1986 - SECT 6C

    (1)     Despite section 6A, the following persons are not to be regarded as being in the Secretary's legal custody—

        (a)     a person who is on parole;

        (b)     a person who is serving a combined custody and treatment order and who is in the community under that order;

S. 6C(1)(ba) inserted by No. 2/2002 s. 13(1), amended by No. 43/2020 s. 36(a).

        (ba)     a person who is subject to a drug and alcohol treatment order and who is in the community under that order;

S. 6C(1)(bb) inserted by No. 53/2003 s. 12, repealed by No. 48/2011 s. 4, new s. 6C(1)(bb) inserted by No. 10/2013 s. 5.

        (bb)     a person who is absent from prison under a police custody transfer order;

S. 6C(1)(bc) inserted by No. 2/2005 s. 8(1).

        (bc)     a person who is absent from a prison under a fine default permit;

        (c)     a person who is serving a sentence of imprisonment by way of intensive correction in the community;

        (d)     a person who is serving a sentence of imprisonment that was wholly or partly suspended and who is in the community in accordance with that sentence.

    (2)     A person is on parole if there is in force a parole order relating to the person and the person is serving a sentence of imprisonment but is not detained in a prison.

S. 6C(3) inserted by No. 2/2002 s. 13(2), amended by No. 43/2020 s. 36(b).

    (3)     A person is in the community under a drug and alcohol treatment order even if he or she is—

        (a)     submitting to residential detoxification or other treatment in accordance with a program condition attached to the order; or

        (b)     at a place in accordance with an order under section 18ZL(1)(c) or (e) of the Sentencing Act 1991 .

S. 6D inserted by No. 45/2001 s. 5.