QLDIn ForceAct
Youth Justice Act 1992
sec.269Leave of absence
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### sec.269 Leave of absence
Subject to this Act, the chief executive may, by written notice given to a child detained in a detention centre, and subject to conditions that the chief executive determines, grant the child leave of absence.
The leave may only be granted—
for a specified period; and
for a specified purpose set out in subsection (3) ; and
subject to specified conditions.
The purposes for which leave may be granted are—
to seek or engage in paid or unpaid employment; and
to attend any place for educational or training purposes; and
to visit the child’s family, relatives or friends; and
to take part in sport, recreation or entertainment in the community; and
to attend any place for medical examination or treatment; and
to attend a funeral; and
any other purpose that the chief executive considers will assist in the child’s reintegration into the community.
The leave must not be subject to a condition that the child must wear a monitoring device.
If a child is granted leave of absence—
the child is taken to be in lawful custody during the period of leave; and
the period of leave counts as part of the child’s period of detention.
If the child contravenes a condition imposed in relation to a grant of leave of absence (other than a condition with respect to returning to a detention centre) the chief executive may, in writing—
vary the conditions of the grant; or
cancel the leave of absence.
s 269 amd 1996 No. 22 s 71 ; 1998 No. 39 s 48 ; 2019 No. 23 s 26 ; 2021 No. 9 s 29A
(sec.269-ssec.1) Subject to this Act, the chief executive may, by written notice given to a child detained in a detention centre, and subject to conditions that the chief executive determines, grant the child leave of absence.
(sec.269-ssec.2) The leave may only be granted— for a specified period; and for a specified purpose set out in subsection (3) ; and subject to specified conditions.
(sec.269-ssec.3) The purposes for which leave may be granted are— to seek or engage in paid or unpaid employment; and to attend any place for educational or training purposes; and to visit the child’s family, relatives or friends; and to take part in sport, recreation or entertainment in the community; and to attend any place for medical examination or treatment; and to attend a funeral; and any other purpose that the chief executive considers will assist in the child’s reintegration into the community.
(sec.269-ssec.4) The leave must not be subject to a condition that the child must wear a monitoring device.
(sec.269-ssec.5) If a child is granted leave of absence— the child is taken to be in lawful custody during the period of leave; and the period of leave counts as part of the child’s period of detention.
(sec.269-ssec.6) If the child contravenes a condition imposed in relation to a grant of leave of absence (other than a condition with respect to returning to a detention centre) the chief executive may, in writing— vary the conditions of the grant; or cancel the leave of absence.
- (a) for a specified period; and
- (b) for a specified purpose set out in subsection (3) ; and
- (c) subject to specified conditions.
- (a) to seek or engage in paid or unpaid employment; and
- (b) to attend any place for educational or training purposes; and
- (c) to visit the child’s family, relatives or friends; and
- (d) to take part in sport, recreation or entertainment in the community; and
- (e) to attend any place for medical examination or treatment; and
- (f) to attend a funeral; and
- (g) any other purpose that the chief executive considers will assist in the child’s reintegration into the community.
- (a) the child is taken to be in lawful custody during the period of leave; and
- (b) the period of leave counts as part of the child’s period of detention.
- (a) vary the conditions of the grant; or
- (b) cancel the leave of absence.