Leave of absence under authority of Chief Executive
34 Leave of absence under authority of Chief Executive
The
Chief Executive may, by written order, grant a youth detained in a training centre leave of absence from the centre—
for the medical or psychiatric examination, assessment or treatment of the youth; or
for the attendance of the youth at an educational or training course, a personal development program or a work program, project or camp; or
for such compassionate purpose as the Chief Executive thinks fit; or
for any purpose related to a criminal investigation; or
for the purpose of enabling the youth to perform community service.
Subsection (1)(a) does not apply if, in an emergency, it is necessary that a youth is removed from a training centre for a medical or psychiatric examination, assessment or treatment and the Chief
Executive is advised as soon as practicable of the youth's absence from the training centre and the reason for the absence.
In determining whether to grant a youth leave of absence under this section, the Chief Executive must have regard to the following:
the goals of the youth in respect of rehabilitation;
the cultural needs and circumstances of the youth;
the safety of the community;
whether the youth has a history absconding or breaching orders;
whether the youth is likely to interfere with a witness;
the need that any victim of an offence committed, or alleged to have been committed, by the youth may have, or perceive, for physical protection from the youth.
Leave of absence under this section may be subject to 1 or more of the following conditions:
a condition that the youth will be in the custody of and supervised by
1 or more officers or employees of the Department authorised by the Chief Executive for the purpose;
a condition that the youth be monitored by use of an electronic device;
any other condition as the Chief Executive thinks fit.
A leave of absence under this section that allows a youth to leave the
State may only be granted with the Minister's consent.
The
Chief Executive may, by written order, revoke a leave of absence granted under this section, or vary or revoke any of the conditions to which it is subject.
A youth who is at large after the revocation or expiry of leave of absence may be apprehended without warrant by a police officer or an officer or employee of the Department authorised by the Chief
Executive for the purpose.
A youth who is still at large after the expiry of leave of absence will be taken to be unlawfully at large.
A youth is not, while still at large after revocation of leave of absence, serving his or her sentence of detention.
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