217Lawful temporary absence from correctional centre

217 Lawful temporary absence from correctional centre (1) This section applies to a detainee who is absent from a correctional centre under any of the following: (a) a direction by the director-general, including a direction under— (i) section 54 (Transfers to health facilities); (ii) section 204 (Local leave directions); (b) a local leave permit; (c) an interstate leave permit; (d) any other authority (however described) prescribed by regulation. (2) To remove any doubt, the 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 detainee transferred to a secure mental health facility under a direction under section 54 (Transfers to health facilities) is taken to be in the director-general’s custody only— (a) until the detainee is admitted to the facility; and (b) if the 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 detainee is transferred until when the detainee is returned; and

(c) if the detainee is returned to a correctional centre—when the 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 from another unit at the Canberra Hospital.