South Australian Current Acts South Australian Current Acts27A—Interstate leave of absence
(1) The following
provisions apply in relation to a request under section 27 for leave of
absence to be taken outside of this State:
(a) the
leave may only be granted in respect of a participating State;
(b) the
period of leave cannot exceed 7 days, but successive grants of leave can be
made;
(c) the
CE must give written notice of the leave to—
(i)
the chief officer of police and the
corresponding chief executive in the State in which the leave will be taken;
and
(ii)
the chief officer of police in any other State through
which the prisoner will have to travel by land;
(d) the
prisoner remains in the custody of the CE despite being outside the State.
(2) The following
provisions apply in relation to an interstate prisoner who has been granted
leave of absence under a corresponding law:
(a) an
order or permit under a corresponding law appointing an escort for the
prisoner has effect, according to its terms, while the prisoner is in this
State, except for any period during which the prisoner is detained in a
correctional institution;
(b) if
the prisoner is in the custody of an escort and requires overnight
accommodation while in this State, the prisoner may be detained in a
correctional institution for that period, and the order or permit for the
leave is sufficient authority for that detention (whether or not the leave is
to be taken in this State);
(c) if,
while the prisoner is in this State, the prisoner escapes or attempts to
escape from custody, breaches a condition to which the leave is subject or is
otherwise unlawfully at large, the prisoner may be arrested, without warrant,
by—
(i)
an officer or employee of the Department; or
(ii)
a police officer; or
(iii)
the prisoner's escort (if any),
and taken to the nearest police station;
(d) a
prisoner who is arrested under paragraph (c) must be brought before a
magistrate within 2 working days of the day of arrest and may be detained in a
correctional institution until that occurs;
(e) the
magistrate may, if he or she thinks it appropriate in such a case, order that
the prisoner—
(i)
be returned by the prisoner's escort to the State in
which the leave was granted; or
(ii)
be delivered into the custody of an escort for the
purposes of being returned to that State,
as the case may require (and no right of appeal lies against such an order);
(f) if
an order is made under paragraph (e)(ii)—
(i)
the prisoner may be detained in a
correctional institution until—
(A) the order is executed; or
(B) the expiration of 7 days from the
making of the order,
whichever occurs first; and
(ii)
the order, if not executed, expires at the end of that 7
day period;
(g) the
prisoner will, while detained in a correctional institution under this
section, be taken to be a prisoner for the purposes of this Act.
(3) In this
section—
"corresponding chief executive", in relation to a participating State, means
the officer responsible for the administration of prisons in that State;
"corresponding law" means a law prescribed by regulation to be a
corresponding law for the purposes of this section;
"escort", in relation to a prisoner or an interstate prisoner, means a person
authorised or appointed under this Act or the law of the participating State
to have custody of the prisoner for the purposes of leave of absence, or
return from leave of absence, as the case may be;
"interstate prisoner" means a person subject to detention in a
participating State who has been granted leave of absence under a
corresponding law;
"participating State" means a State in which a corresponding law is in force;
"State" means a State or Territory of the Commonwealth.