Corrections Act 1997

The Director may grant to a prisoner or detainee a leave permit authorising the prisoner or detainee to be absent from a prison for any of the following purposes:to visit a near relative or a person with whom the prisoner or detainee has had a longstanding relationship if that relative or person is seriously ill or in acute personal need; to attend the funeral of a near relative or a person with whom the prisoner or detainee has had a longstanding relationship; to attend interviews and discussions in relation to the prisoner's or detainee's proposed employment; to attend a place of education or training in connection with a course of education or training; to perform unpaid community work; in the case of a prisoner or detainee who is an Aboriginal person, to attend events of special cultural significance to the Aboriginal community; to take part in a program approved by the Director that is designed to facilitate – the rehabilitation of the prisoner or detainee; or the reintegration of the prisoner or detainee in the community; or the preparation of the prisoner or detainee for release; or the maintenance of the family ties of the prisoner or detainee; with the Minister's approval, any other purpose which the Director considers appropriate.

For the purposes of subsection (1)(a) and (b), the question whether a person is a near relative of a prisoner or detainee and has had a longstanding relationship with the prisoner or detainee is to be determined by the Director.

A leave permit – is to specify the period during which a prisoner or detainee may be absent from a prison in pursuance of the permit; and is subject to such conditions and restrictions as the Director considers appropriate and as are specified in the permit.

Without limiting the generality of subsection (3)(b), the conditions and restrictions to which a leave permit may be subject may include a condition that the prisoner or detainee to whom the permit is granted is, while absent from prison during the currency of the permit, to be in the custody of – a correctional officer; or a probation officer; or any other person authorised by the Director for that purpose.

A leave permit may authorise the absence of – a prisoner or detainee on one occasion or a number of occasions; or a prisoner or detainee for one purpose or a number of purposes; or a number of prisoners or detainees for the same purpose on one occasion or a number of occasions.

A leave permit may authorise a number of absences within the period of 60 days from its granting but no one absence is to be more than one week.

As soon as possible after granting a leave permit, the Director is to cause a copy of the permit to be given to both the person to whom it is granted and the person's custodian (if any).

If the custodian of a person to whom a leave permit is granted is of the opinion that that person has failed to comply with a condition or restriction to which the permit is subject or that he or she is likely to so fail to comply, the custodian may return that person to a prison.

If any correctional officer who is not a custodian of a person to whom a leave permit is granted believes on reasonable grounds that the person has failed to comply with a condition or restriction to which the permit is subject or that he or she is likely to so fail to comply, the correctional officer may return that person to a prison.

For the purposes of subsection (8) or (8A), a custodian or a correctional officer may request any person to give such assistance as the custodian or correctional officer may require.

A request made by a custodian or correctional officer to a person pursuant to subsection (9) is sufficient warrant to that person to assist the custodian or correctional officer in accordance with the terms of the request.