245Lawful temporary absence from detention place

245 Lawful temporary absence from detention place (1) This section applies to a young detainee who is absent from a detention place under any of the following: (a) a direction by the director-general, including a direction under section 109 (Transfers to health facilities) or section 111 (Transfers to correctional centres—under 21 years old); (b) a local leave permit under section 241;

Leave—miscellaneous Division 6.8.3 (c) an interstate leave permit under section 242; (d) any other authority (however described) prescribed by regulation. (2) To remove any doubt, the young detainee is— (a) taken to be in the director-general’s custody; and (b) if under escort by an escort officer—also taken to be in the escort officer’s custody. (3) However— (a) if a young detainee is transferred to a correctional centre under a direction under section 111 (Transfers to correctional centres—under 21 years old)—the young detainee is taken to be in the director-general’s custody only until the young detainee is admitted to the correctional centre; and Note See s 111 (6). (b) if a young detainee is transferred to a secure mental health facility under a direction under section 109 (Transfers to health facilities)—the young detainee is taken to be in the director- general’s custody only— (i) until the young detainee is admitted to the facility; and (ii) if the young detainee is transferred from a secure mental health facility under the Mental Health Act 2015, section 144B (Taking person to appear before court)— from when the young detainee is transferred until when the young detainee is returned; and (iii) if the young detainee is returned to a detention place— when the young detainee is discharged from the facility. Note See the Mental Health Act 2015, s 144A (Transfer of custody if person admitted to secure mental health facility) for custody while at a secure mental health facility and s 144B (Taking person to appear before court) for custody when attending court.

admitted to a secure mental health facility includes transferred to the facility. A person is transferred to a secure mental health facility at Canberra Hospital from another unit at the hospital.

Preliminary—ch 7 Part 7.1