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CORRECTIONS ACT 1986 - SECT 6H

When does legal custody of the Commissioner cease?

    (1)     A person ceases to be in the legal custody of the Commissioner

        (a)     on the expiration or revocation of—

              (i)     the intensive treatment and supervision condition imposed on the supervision order (within the meaning of the Serious Offenders Act 2018 ) to which the person is subject; or

              (ii)     a supervision order (within the meaning of the Serious Offenders Act 2018 ) to which the person is subject, if a treatment and supervision condition has been imposed on the supervision order; or

        (b)     if legal custody is lawfully transferred from the Commissioner to another person, including—

              (i)     the Secretary under this Act; and

              (ii)     the Chief Commissioner of Police under this Act, the Serious Offenders Act 2018 or any other Act or law; or

        (c)     if the person absconds from a residential treatment facility (within the meaning of the  Serious Offenders Act 2018 ); or

        (d)     if the person is in the physical custody of a person acting under lawful authority on behalf of the Commissioner, when the person—

              (i)     absconds from that physical custody; or

              (ii)     wilfully ceases to be in that physical custody; or

        (e)     if the person is authorised to be in the community but is still in the legal custody of the Commissioner, when the person does not return to the residential treatment facility in accordance with that authorisation.

    (2)     For the purposes of subsection (1)(e), authorised means a person who is authorised—

        (a)     under a condition of the supervision order to which the person is subject; or

        (b)     by a direction or instruction of the Post Sentence Authority; or

        (c)     by a supervision officer or a specified officer within the meaning of the Serious Offenders Act 2018 .

S. 6I inserted by No. 27/2018 s. 354.



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