Corrective Services Act 2006

The chief executive may grant an application to have a child accommodated with a prisoner in a corrective services facility if—

the chief executive decides there is suitable accommodation in the facility for the child; and

either—

the child is not eligible to start primary school; or

each of the following apply—

the child is eligible to start primary school;

the prisoner is in a community corrections centre;

the application is only for periods during school holidays or on weekends; and

the child is immunised in accordance with a national immunisation program or the recommendations of a health practitioner treating the child in the corrective services facility; and

the child is not subject to a court order requiring the child to live with someone else; and

for a child in care—the child protection chief executive has consented to the child being accommodated with the prisoner; and

the chief executive is satisfied it is in the child’s best interests.

In deciding what is in the child’s best interests, the chief executive may consider each of the following—

the child’s—

age and sex; and

cultural background; and

mental and physical health;

the emotional ties between the child and the child’s parents;

the child’s established living pattern, including, for example, the pattern of the child’s home, school, community and religious life;

if the chief executive is satisfied the child is able to express a view, the child’s wishes.