South Australian Current Acts

CORRECTIONAL SERVICES ACT 1982 - SECT 27

27—Leave of absence from prison

        (1)         The CE may, by written order, grant to a prisoner leave to be absent from the place in which he or she is being detained—

            (a)         for the medical or psychiatric examination, assessment or treatment of the prisoner; or

            (b)         for the attendance of the prisoner at an educational or training course; or

            (c)         for the participation of the prisoner in paid employment or in any form of recreation, entertainment or community service; or

            (d)         for such compassionate purpose as the CE thinks fit; or

            (e)         for any purpose related to criminal investigation; or

            (f)         for such other purpose as the CE thinks fit.

        (1a)         However, a prisoner may not be granted leave to be absent from the place in which he or she is being detained in circumstances set out in the regulations.

        (2)         Leave of absence granted under this section may be subject to such conditions as the CE thinks fit, including either or both of the following:

            (a)         a condition requiring the prisoner—

                  (i)         to be in the custody of, and supervised by, 1 or more officers or employees of the Department authorised by the Minister for the purpose; and

                  (ii)         to obey the reasonable directions of any officer or employee authorised under subparagraph (i);

            (b)         a condition requiring the prisoner to be monitored by use of an electronic device.

        (2a)         If leave of absence is to be granted to a prisoner for participation in paid employment, the CE may impose a condition requiring the prisoner to pay to the CE a specified amount per week, calculated in accordance with the Minister's directions, towards the cost of his or her board and lodging while so employed, or towards reducing the amount of any VIC levy that the prisoner is liable to pay in respect of any offence.

        (3)         The CE may, by written order, revoke a leave of absence granted under this section, or vary or revoke any of the conditions to which it is subject or impose further conditions.

        (4)         Where a prisoner is still at large after the revocation or expiry of leave of absence, the prisoner may be apprehended without warrant by any police officer or any officer or employee of the Department authorised by the Minister for the purpose.

        (5)         A prisoner who is still at large after the expiry of leave of absence will be taken to be unlawfully at large.

        (6)         A prisoner is not, while still at large after revocation of leave of absence, serving his or her sentence of imprisonment.