Temporary leave of absence
The secretary can permit a person in prison to be temporarily absent from the prison for an approved purpose under section 57 of the Corrections Act by issuing a custodial community permit.
Approved purposes include visiting families where the person in prison was a primary caregiver before and following their imprisonment or, in exceptional circumstances, a ending an educational or training institution, participating in sport or other recreational activities, seeking employment, a ending a funeral or obtaining medical or psychiatric attention.
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Section 57A of the Corrections Act outlines that a Corrections Administration Permit (CAP) can be issued for the following purposes:
a purpose related to the health of the person in prison;
a purpose relating to the administration of justice;
to visit someone who is seriously ill or in acute need, if they have had a long-standing personal relationship with that person;
to attend the funeral of a person with whom they’ve had a longstanding personal relationship;
to visit another prison
A CAP is usually issued for up to three days, but can be issued for a longer period in limited circumstances
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Rehabilitation and Transition Permits (RTPs) are issued to allow a person in prison to leave the prison for the purposes of preparing a person for their release from prison. RTPs can be issued to allow a person in prison to take part in a fitness, training or education course, to a end activities that will assist to extend their ties with their family, to look for employment or to attend a rehabilitation course. Often RTPs are issued for people with minimum security classifications, who are placed in transitional centres and form part of their transitional plans. RTPs can be issued for up to 30 days.
Temporary leave of absence
Chapter: 3.8: Imprisonment and the rights of people in prison
Contributor: Amity Mara, Manager – Policy, Advocacy and Projects Fitzroy Legal Service and Monique Hurley, Associate Legal Director, Human Rights Law Centre
Current as of: 1 September 2024
Law Handbook Page: 203
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