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Corrections Management Act 2007
208Interstate leave permits
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208 Interstate leave permits
(1) The director-general may, by written notice (an interstate leave
permit) given to a full-time detainee, give the detainee leave to travel
to and from, and remain in, a participating State.
(2) An interstate leave permit must include the following details:
(a) the State or Territory to which the permit applies;
(b) the purpose for which the leave is granted;
(c) the period, not longer than 7 days, for which leave is granted.
(3) For subsection (2) (c), the director-general may, before the permit
ends (a current permit), decide to extend the current permit for an
additional period (an extension period) if—
(a) the date the extension period ends is within 7 days after the day
the current permit ends; and
(b) the director-general is satisfied that—
(i) an extension of the current permit is for a purpose for
which an interstate leave permit may be granted under this
section; and
(ii) appropriate measures are in place to allow the detainee to
remain at a particular place in the State to which the permit
applies.
(4) The director-general may make a decision under subsection (3) more
than once.
Note The director-general may also direct a full-time detainee to be removed
to a NSW correctional centre under the Crimes (Sentence Administration)
Act 2005, s 26 (Full-time detention in ACT or NSW).
(5) If the director-general delegates the function mentioned in
subsection (3), a delegate who extends a permit that has previously
been extended at least 3 times must tell the director-general about the
delegate’s decision.
Note For the making of delegations and the exercise of delegated functions,
(6) An interstate leave permit may be issued—
(a) for a full-time detainee with a high security classification—only
if the leave is to enable the detainee to receive a health service
or for a compassionate reason; or
(b) in any other case—for any purpose the director-general believes,
on reasonable grounds, is appropriate.
(7) An interstate leave permit is subject to the following conditions:
Examples of conditions stated in interstate leave permits
1 a condition that an escort officer stated in the permit escort the detainee
2 a condition prohibiting association with a particular person or being near
a particular place
3 a condition that an indigenous detainee travelling interstate to mark the
birth or death of a relative be escorted by an indigenous elder or relative
ACT permits for interstate leave Division 12.2.2