South Australian Current Acts

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CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 269NG

269NG—Custody, supervision and care

        (1)         If a defendant is committed to detention under this Division, the defendant is in the custody of the Minister and the Minister may give directions for the custody, supervision and care of the defendant the Minister considers appropriate.

        (2)         The Minister may—

            (a)         place the defendant under the custody, supervision and care of another; and

            (b)         if there is no practicable alternative—direct that a defendant be kept in custody in a prison.

        (3)         Supervisory responsibilities arising from conditions on which a person is released on licence are to be divided between the Parole Board and the Minister in the following way:

            (a)         the supervisory responsibilities are to be exercised by the Minister insofar as they relate to treating or monitoring the mental condition of the person; and

            (b)         the supervisory responsibilities are in all other respects to be exercised by the Parole Board.

        (4)         The Minister or the Parole Board (as the case may be) may delegate a power or function under this section—

            (a)         to a person for the time being performing particular duties or holding or acting in a particular position; or

            (b)         to any other person or body that, in the delegator's opinion, is competent to perform or exercise the relevant functions or powers.

        (5)         A delegation under subsection (4)—

            (a)         must be by instrument in writing; and

            (b)         may be absolute or conditional; and

            (c)         does not derogate from the ability of the delegator to act in any matter; and

            (d)         is revocable at will by the delegator.



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