Youth Justice Act 2024

A child or young person who is held in custody in a youth justice custodial centre may be issued with a temporary leave permit by the Secretary to take temporary leave of absence from the youth justice custodial centre where that child or young person is held in custody for any purpose stated in the permit, with or without escort or supervision.

For the purposes of subsection (1), a purpose may include, but is not limited to, any of the following—

to engage in employment, whether with or without remuneration;

to attend an educational or training institution;

to visit their family, relatives or friends;

to participate in sport, recreation or entertainment in the community;

to attend a hospital or a medical, dental or psychiatric clinic or like place for receiving treatment or for examination;

to attend a funeral;

to accompany police officers for a specified purpose or for assisting in the administration of justice;

to seek employment;

to live in any other accommodation specified in the permit for any purpose specified in the permit;

to enable a child or young person to build, maintain or strengthen connection to their culture or community;

to enable an Aboriginal child or young person to build, maintain or strengthen connection to their Aboriginal culture or community.

A temporary leave permit—

must be in writing; and

must be signed by the Secretary.

A temporary leave permit—

may be subject to any conditions, limitations and restrictions that the Secretary thinks fit to impose; and

may be issued to or in respect of an individual or any group of children or young persons engaged in common employment, education, instruction or activity.

The person issuing a temporary leave permit to an individual must give to the child or young person permitted temporary leave a copy of the permit or cause that child or young person to be given a copy.

A child or young person to whom a copy of a temporary leave permit is given in accordance with subsection (5) must carry that copy at all times during the temporary leave.

A child or young person permitted temporary leave in accordance with a temporary leave permit continues to be in the legal custody of the Secretary during the temporary leave.