Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) The director-general may, by written notice (an interstate leave permit ) given to a young detainee, give the young detainee leave to travel to and from, and remain in, another State.
Note State includes the Northern Territory (see Legislation Act
, dict, pt 1).
(2) In making a decision under subsection (1), the director-general must consider the young detainee's best interests.
(3) An interstate leave permit must include the following details:
(a) the State to which the permit applies;
(b) the purpose for which the leave is granted;
(c) 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;
(d) for a permit to attend employment—the place of the employment, and the period for which the leave is granted;
(e) for a permit (other than a permit mentioned in paragraph (c) or (d))—the period, not longer than 7 days, for which the leave is granted.
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 an interstate leave permit) includes power to amend or revoke the instrument (see Legislation Act
, s 46 (1)).
(4) For subsection (3) (e), the director-general may, before the permit ends (a current permit ), decide to extend the current permit for an additional period (an "extension period") if—
(a) the date the extension period ends is within 7 days after the day the current permit ends; and
(b) the director-general is satisfied that—
(i) an extension of the current permit is for a purpose for which an interstate leave permit may be granted under this section; and
(ii) appropriate measures are in place to allow the detainee to remain at a particular place in the State to which the permit applies.
(5) The director-general may make a decision under subsection (4) more than once.
Note Pt 5.2 (Interstate transfers) deals with the transfer of a young offender from or to the ACT, or through the ACT from a State to another State.
(6) If the director-general delegates the function mentioned in subsection (4), a delegate who extends a permit that has previously been extended at least 3 times must tell the director-general about the delegate's decision.
Note For the making of delegations and the exercise of delegated functions, see the Legislation Act
, pt 19.4.
(7) An interstate leave permit may be issued—
(a) for a young detainee with a high security classification—only if the leave is to enable the young detainee to receive a health service or for a compassionate reason; or
(b) in any other case—for any purpose the director-general believes on reasonable grounds is appropriate.
(8) An interstate 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.
Examples—conditions stated in interstate leave permits
1 a condition that an escort officer stated in the permit escort the young detainee
2 a condition prohibiting association with a particular person or being near a particular place