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Legislative Assembly for the ACT: 1997 Week 12 Hansard (13 November) . . Page.. 4066 ..

MR HUMPHRIES (continuing):

The scheme will operate via the granting of an interstate leave permit to a prisoner by the Director of Corrective Services. Prisoners who are granted such a permit will be placed in the custody of one or more escorts and, during the leave period, will be in the custody of their escort. Permits will be issued for specific purposes and will be of up to seven days' duration. Extensions of a permit may be granted if required.

New South Wales and Victoria have already introduced similar legislation, and Tasmania, South Australia and the Northern Territory have indicated plans for the introduction of such legislation in the near future. Mutual recognition of each other's legislation is required by participating jurisdictions before the scheme commences. To date, New South Wales and Victoria have not achieved this. Once the Bill becomes legislation in the ACT, officers of my department will initiate discussions to develop necessary protocols with these jurisdictions.

The New South Wales legislation provides for the granting of unescorted leave permits for minimum security prisoners on additional grounds to those in the ACT legislation. The intention behind these additional New South Wales grounds for interstate leave is to permit eligible prisoners to attend prerelease programs, including release for employment or educational purposes, which is of special relevance to the ACT. This means that, once New South Wales and the ACT recognise each other's legislation, eligible ACT prisoners in custody in New South Wales would be eligible to undertake prerelease programs in the ACT whilst remaining in New South Wales custody. For example, it would be possible for a minimum security prisoner housed at Goulburn to be granted leave of absence to undertake work in the ACT. This sort of practice would be likely to facilitate such a prisoner successfully integrating into the ACT after release from custody. It also goes some way towards reducing the additional hardship currently caused to ACT prisoners as a result of their imprisonment interstate.

Mr Speaker, the Prisoners' Interstate Leave Bill 1997 provides for a compassionate response by the state to legitimate needs of prisoners and their families. However, it also provides for protection of the interests of the community by ensuring that prisoners granted leave will remain in lawful custody in all participating jurisdictions, and it acknowledges the special needs of indigenous people. In addition, due to the additional grounds for leave in the New South Wales legislation which the ACT will recognise, it will assist ACT prisoners incarcerated in New South Wales to prepare for their return to the ACT after their release from custody. In summary, this aspect of the legislation is another initiative by this Government to progressively take responsibility for sentenced ACT prisoners. I commend the Bill to the Assembly.

Debate (on motion by Mr Wood) adjourned.

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