38Absent inmates taken to be in custody

#### 38 Absent inmates taken to be in custody 38 Absent inmates taken to be in custody > > (1) This section applies to an inmate who is absent from a correctional centre in any of the following circumstances— > > > > > (a) while performing community service work or other work outside a correctional centre, as referred to in section 6 (2), > > > > > (b) while being transferred from one correctional centre to another, as referred to in section 23 or 41C, > > > > > (c) while at a hospital or other place referred to in section 24, or while being transferred between a correctional centre and such a hospital or place, > > > > > (d) while absent from a correctional centre in accordance with a local leave order, > > > > > (e) while absent from a correctional centre in accordance with a local leave permit, > > > > > (f) while absent from a correctional centre in accordance with an interstate leave permit, > > > > > (f1) while absent from a correctional centre in accordance with an approval granted under section 255A, > > > > > (g) while being transferred from one part of a correctional centre to another part of the correctional centre located on separate premises. > > > (2) An inmate who is absent from a correctional centre in any of the circumstances referred to in subsection (1) is taken to be in custody as follows— > > > > > (a) if not escorted by a correctional officer, the inmate is taken to be in the custody of the governor of the correctional centre from which he or she is absent, > > > > > (b) if escorted by a correctional officer employed in a correctional centre, the inmate is taken to be in the custody of the governor of the correctional centre in which the correctional officer is employed, > > > > > (c) if escorted by a correctional officer not employed in a correctional centre, the inmate is taken to be in the custody of the designated officer. > > > (3) An inmate is not taken to be absent from a correctional centre merely because the inmate is in some other part of a correctional complex of which the correctional centre forms part. > > > (4) In this section— > > > > correctional officer includes— > > > > > (a) a person employed on a temporary basis within Corrective Services NSW to perform some or all of the duties of a correctional officer, and > > > > > (b) a person holding an authority under section 240 to perform escort duties. > > > > designated officer means the person for the time being holding or acting in the position within Corrective Services NSW designated by the Commissioner for the purposes of this section. > > **s 38:** Am 2000 No 110, Sch 1 \[6\]–\[8\]; 2002 No 79, Sch 1 \[5\]; 2004 No 103, Sch 3 \[4\]; 2007 No 32, Sch 1 \[1\] \[2\].