Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 241

    (1)     If the director-general gives a young detainee a local leave direction under section 240, the director-general must give the young detainee a written permit (a local leave permit ) to be absent from the detention place for the purpose for which the direction was given.

    (2)     The director-general may give a young detainee a written permit (also a  local leave permit ) to be absent from a detention place, and to be in another place in the ACT, for any other purpose the director-general considers appropriate.

Examples—purposes

1     to attend an education or training program

2     to attend a health or rehabilitation service

3     for compassionate reasons

4     to attend employment or an interview for employment

Note 1     If a form is approved under s 886 for this provision, the form must be used.

Note 2     Power given under an Act to make a statutory instrument (including a direction) includes power to amend or revoke the instrument (see Legislation Act

, s 46 (1)).

    (3)     In making a decision under subsection (2), the director-general must consider the young detainee's best interests.

    (4)     A local leave permit must state the following:

        (a)     the purpose for which the leave is granted;

        (b)     for a permit to attend an educational or training program—the place where the program is being undertaken, and the period for which the leave is granted;

        (c)     for a permit to attend employment—the place of the employment, and the period for which the leave is granted;

        (d)     for a permit (other than a permit mentioned in paragraph (b) or (c))—the period, not longer than 7 days, for which the leave is granted;

        (e)     any conditions to which the leave is subject.

    (5)     A local leave permit is subject to the following conditions:

        (a)     any condition prescribed by regulation;

        (b)     any other condition, consistent with the conditions (if any) prescribed by regulation, that—

              (i)     the director-general believes on reasonable grounds is necessary and reasonable; and

              (ii)     is stated in the permit.

Example—condition stated in leave permit

a condition prohibiting association with a particular person or being near a particular place

    (6)     A local leave permit authorises the young detainee to be absent from the detention place in accordance with the permit—

        (a)     unescorted; or

        (b)     if the permit is subject to a condition that an escort officer escort the young detainee—while under escort in accordance with the condition.