42Leave permits

### 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)](#GS42@Gs1@Hpa@EN) and [(b)](#GS42@Gs1@Hpb@EN) , 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)](#GS42@Gs3@Hpb@EN) , 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)  [*\[Section 42 Subsection (6) substituted by No. 37 of 2013, s. 15, Applied:01 May 2014\]*](/view/html/inforce/2014-05-01/act-2013-037#GS15@EN) 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)  [*\[Section 42 Subsection (8A) inserted by No. 52 of 2016, s. 17, Applied:01 Dec 2017\]*](/view/html/inforce/2017-12-01/act-2016-052#GS17@Hpa@EN) 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)  [*\[Section 42 Subsection (9) substituted by No. 52 of 2016, s. 17, Applied:01 Dec 2017\]*](/view/html/inforce/2017-12-01/act-2016-052#GS17@Hpb@EN) For the purposes of [subsection (8)](#GS42@Gs8@EN) or [(8A)](#GS42@Gs8A@EN) , a custodian or a correctional officer may request any person to give such assistance as the custodian or correctional officer may require. > > > (10)  [*\[Section 42 Subsection (10) substituted by No. 52 of 2016, s. 17, Applied:01 Dec 2017\]*](/view/html/inforce/2017-12-01/act-2016-052#GS17@Hpb@EN) A request made by a custodian or correctional officer to a person pursuant to [subsection (9)](#GS42@Gs9@EN) is sufficient warrant to that person to assist the custodian or correctional officer in accordance with the terms of the request.