Page 2832 - Week 09 - Thursday, 13 August 2015
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require a mental health or other health service that cannot be provided in the ACT. Or it may be more appropriate for the detainee to receive treatment outside the ACT. In such cases, the detainee may require leave for a period longer than seven days.
A renewal of an interstate leave permit will be subject to the same safeguards that already exist in part 12.2 of the Corrections Management Act. In particular, under section 208(4) the director-general can make an interstate leave permit subject to any condition they believe on reasonable grounds to be necessary and reasonable. This may include a condition that an escort officer accompany the detainee.
Furthermore, the amendment will provide that the executive director of ACT Corrective Services must notify the director-general of the renewal of a leave permit for the fourth renewal and any subsequent times. This means that a leave permit can only be in place for 28 days before its renewal is brought to the attention of the director-general, but Corrective Services’ flexibility to manage detainees is still retained. If a detainee does not agree with the decision-maker or opposes a condition of the permit, they may apply to have the decision reviewed by the decision-maker. Further appeal mechanisms are available under the Administrative Decisions (Judicial Review) Act.
The Children and Young People Act 2008 will also be amended in a similar way to allow interstate leave permits for young detainees to be renewed. A renewal of an interstate permit will be subject to the same safeguards that are currently available under division 6.8.2 of the act. The amendment does not affect the power contained in part 5.2 of the Children and Young People Act to transfer custody of the young offender to another jurisdiction.
I commend the bill to the Assembly.
Debate (on motion by Mr Wall) adjourned to the next sitting.
Executive business—precedence
Ordered that executive business be called on forthwith.
Appropriation Bill 2015-2016
[Cognate bill:
Appropriation (Office of the Legislative Assembly) Bill 2015-2016
Cognate papers:
Estimates 2015-2016—Select Committee report
Estimates 2015-2016—Select Committee—government response]
Debate resumed from 12 August 2015.
Detail stage
MADAM SPEAKER: I remind members that in debating order of the day No 1, executive business, they may also address their remarks to executive business order of the day No 2.
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