130Leave from detention centre

130 Leave from detention centre

(1)  By written notice provided to a detainee, the Secretary may allow the detainee to take a temporary leave of absence from the detention centre for one or more of the following purposes:

(a) to seek or engage in paid or unpaid employment;

(b) to attend any place for educational or training purposes;

(c) to visit the detainee's family, relatives or friends;

(d) to take part in any sport, recreation, cultural event or entertainment in the community;

(e) to attend any place for medical examination or treatment;

(f) to attend a funeral;

(g) any other purpose that the Secretary considers appropriate.

(2)  A leave of absence is to be –

(a) for the period specified in the notice allowing the leave; and

(b) only for the purpose specified in that notice; and

(c) subject to any conditions specified in that notice.

(3)  If a detainee contravenes a condition to which a leave of absence is subject, other than a condition with respect to returning to a detention centre, the Secretary may, by written notice provided to the detainee –

(a) vary the conditions to which the leave of absence is subject; or

(b) cancel the leave of absence.

(4)  If a detainee is granted leave of absence –

(a) the detainee remains in the legal custody of the Secretary during the period of leave; and

(b) the period of leave counts as part of the detainee's period of detention.

(5)  A police officer may arrest a detainee who has been granted leave of absence if the police officer has reasonable grounds for believing that the detainee has failed to return, without reasonable excuse, to the detention centre by the end of the period of that leave of absence.