Subdivision 2 Interstate leave of absence
In this Subdivision:corresponding Commissioner, in relation to a participating State, means the officer responsible for the administration of correctional centres (however described) in the participating State.
corresponding interstate law means a law that is declared to be a corresponding interstate law for the purposes of this Subdivision by an order published under section 28.
escape, in relation to an interstate prisoner temporarily released from lawful custody, includes fail to return to lawful custody at the end of the time for which the prisoner has been released.
escorted custody, in relation to an interstate prisoner, means in the custody of an interstate escort under section 30.
interstate escort, in relation to a participating State, means:
(a) a correctional officer (however described) or a police officer of that State, or(b) a person who is authorised to have the custody of an interstate prisoner under a permit issued in accordance with the corresponding interstate law of that State, or(c) a person who is appointed by the corresponding Commissioner of that State by an instrument in writing to be an escort for the purpose of escorting an interstate prisoner to that State.interstate prisoner means a person who is in New South Wales under the authority of a permit issued under a corresponding interstate law.
participating State means any State in which a corresponding interstate law is in force.
State includes the Australian Capital Territory and the Northern Territory.
unescorted custody, in relation to an interstate prisoner, means leave within New South Wales in circumstances where:
(a) the leave is authorised by a permit issued under a corresponding interstate law, and(b) no interstate escort has been appointed to escort the prisoner while within New South Wales, and(c) the corresponding interstate law provides that the prisoner is taken to be in the custody of the corresponding Commissioner or another official of the participating State while in New South Wales.
28 Corresponding interstate law
(1) The Governor may, by order published in the Gazette, declare that a law of a State other than New South Wales is a corresponding interstate law for the purposes of this Subdivision.(2) Such an order is to be made only if the Governor is satisfied that the law substantially corresponds with the provisions of this Subdivision.
29 Issue of interstate leave permit
(1) The Commissioner may issue an interstate leave permit to an inmate of a correctional centre for leave to travel to and from, and remain in, a participating State for a specified period:(a) if the inmate does not have a high security classification, on any grounds that the Commissioner considers appropriate, or(b) if the inmate has a high security classification, only if the leave is for medical treatment or for some compassionate purpose.(2) In particular, the Commissioner may issue an interstate leave permit to an inmate who is an Aboriginal person if satisfied that the purpose of the leave is:(a) to enable the inmate to attend a funeral service or burial of a member of the inmate’s immediate or extended family, or(b) to enable the inmate to be present at an occasion of special significance to the inmate’s immediate or extended family.(3) The period specified in an interstate leave permit must not exceed 7 days.(4) An interstate leave permit is subject to such conditions (including conditions relating to the escort of the inmate) as the Commissioner specifies in the permit or as may be prescribed by the regulations.(5) The Commissioner may, by instrument in writing, appoint any correctional officer to be an escort for the purposes of this Subdivision.(6) In this section, high security classification means a classification prescribed by the regulations as a high security classification.(7) For the purposes of this section, member of the inmate’s immediate family includes a person with whom the inmate has a de facto relationship (within the meaning of the Property (Relationships) Act 1984).
30 Effect of interstate leave permit
(1) If it is a condition of an interstate leave permit that an inmate be escorted to a participating State, the permit:(a) authorises the inmate concerned to be absent from the correctional centre in the custody of an escort for the purpose and period specified in the permit, and(b) authorises the escort to take and keep custody of the inmate for the purpose of escorting the inmate:(i) to the participating State (whether or not across any other State), and(ii) within the participating State,in accordance with the permit, and(c) authorises the escort to take and keep custody of the inmate for the purpose of returning the inmate to the correctional centre from which leave of absence was given.(2) If it is not a condition of an interstate leave permit that an inmate be escorted to a participating State, the permit authorises the inmate concerned to be absent from the correctional centre for the purpose and period specified in the permit.
31 Variation or revocation of interstate leave permit
The Commissioner may at any time:(a) vary or omit any condition of an interstate leave permit (whether specified in the permit or prescribed by the regulations), or(b) substitute or add new conditions to an interstate leave permit, or(c) revoke an interstate leave permit.
32 Breach of interstate leave permit
An inmate must not fail, without reasonable excuse, to comply with any condition of an interstate leave permit.Maximum penalty: 10 penalty units.
33 Notice to participating State and transit jurisdiction
On granting an interstate leave permit, the Commissioner must cause written notice of the fact that the permit has been granted, and of the period of the permit, to be given:(a) to the corresponding Commissioner and the chief officer of police of the participating State to which the inmate is to travel, and(b) to the chief officer of police of any other jurisdiction through which the inmate is to travel to reach the participating State.
34 Effect of interstate leave permit issued under corresponding interstate law
A correctional officer (however described) or a police officer of a participating State who is authorised under a permit issued under a corresponding interstate law to escort a person imprisoned in that State to or through New South Wales is authorised, while in New South Wales:(a) to take and keep custody of the person for the purposes and period set out in the permit, and(b) to take and keep custody of the person for the purpose of returning the person to the participating State.
35 Arrest of escaped interstate prisoners
If it appears to an interstate escort, a police officer or any other person that an interstate prisoner has escaped from lawful custody, the interstate escort, police officer or person may arrest the interstate prisoner and (in the case of an interstate prisoner in escorted custody) return the interstate prisoner to the custody of the interstate escort.
36 Return of escaped interstate prisoners to State of origin
(1) An interstate prisoner:(a) who is arrested following an escape, or(b) who attempts to escape,may be taken before a Magistrate.(2) Despite the terms of any permit issued in accordance with a corresponding interstate law, a Magistrate may by warrant (a return warrant):(a) order the return of the interstate prisoner to the participating State in which the permit was issued, and(b) order the interstate prisoner to be delivered to an interstate escort for the purpose of such a return.(3) A return warrant may be executed in accordance with its terms.(4) An interstate prisoner who is the subject of a return warrant may be held in custody as an inmate until the person is delivered into the custody of an interstate escort in accordance with that warrant, or until the expiry of a period of 14 days from the issue of the warrant, whichever first occurs.(5) A return warrant ceases to have effect if the interstate prisoner who is the subject of the warrant is not delivered into the custody of an interstate escort, in accordance with the terms of the warrant, within 14 days after the warrant is issued.
37 Liability of Crown for damage caused by inmate or escort
(1) The Crown in right of the State is liable for any damage or loss sustained by any person in a participating State that is caused by the acts or omissions of an inmate or escort while in a participating State because of an interstate leave permit.(2) Nothing in this section affects any right of action the Crown may have against the inmate or escort for the damage or loss concerned.