Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 256

Temporary leave from legal custody

256. Temporary leave from legal custody



(1) In relation to a person who is detained in a remand centre,
youth residential centre or youth training centre, the Secretary or the
officer in charge of the centre with the authority in writing of the Secretary
given either generally or in any particular case, may by writing under his or
her hand permit a person in the centre to take temporary leave of absence,
with or without escort or supervision, from the place where that person is
detained for any purpose stated in the permit which may include, but is not
limited to, any of the following purposes-

   (a)  to engage in employment, whether with or without remuneration;

   (b)  to attend an educational or training institution;

   (c)  to visit his or her family, relatives or friends;

   (d)  to participate in sport, recreation or entertainment in the community;

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

   (f)  to attend a funeral;

   (g)  to accompany members of the police force for a specified purpose or
        for assisting in the administration of justice;

   (h)  to seek employment;

        (i)    to live in any other accommodation specified in the permit for
               any purpose specified in the permit.

(2) A permit under this section 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 person or any group of persons engaged in
common employment, education, instruction or activity.

(3) A person permitted temporary leave in accordance with this section is
during the temporary leave deemed to continue to be in legal custody.

(4) The person issuing a permit under this section to an individual person
must give that person a copy of the permit or cause that person to be given a
copy.

(5) A person to whom a copy of a permit is given in accordance with
sub-section (4) must carry that copy at all times during the temporary leave.

(6) The Secretary may at any time before the end of a period of temporary
leave cancel a permit issued under this section.

(7) The cancellation of a permit takes effect at the end of the day on which
the person permitted temporary leave is informed of the cancellation of the
permit.

(8) A person who fails, before the end of a period of temporary leave, either
to return to the place of custody from which he or she was released on leave
or to report at some other place of custody specified in the permit is deemed
to have escaped from the place of custody within the meaning of section 267.

(9) It is a defence to any proceedings brought under section 267 by virtue of
the provisions of sub-section (8) for the person charged to prove that the
failure to return or report to any place was not attributable to any failure
on his or her part but was due to circumstances beyond his or her control.

(10) A person must not contravene a condition, limitation or restriction to
which a permit under this section is subject, not being a condition,
limitation or restriction with respect to returning to or reporting to a place
of custody as described in sub-section (8).

Penalty applying to this sub-section:

   (a)  In the case of a child, detention in a youth residential centre for 2
        months or in a youth training centre for 3 months;

   (b)  In any other case, imprisonment or detention in a
        youth training centre for 3 months.