20/Aug/2004 - Current (at 31 Dec 2005)
Notify me when this title changes.
Full Act - PDF
Copyright

    87. Grant of leave of absence

    (1) Subject to section 89, the chief executive officer may, by instrument in writing, grant leave of absence from prison to a prisoner who has served not less than 12 months' imprisonment in the circumstances and in accordance with the provisions, conditions and stipulations set out in this section.

    (2) Leave of absence under this section may be granted to a prisoner during the period of 3 months before the date when he is entitled to be discharged from prison or during the period of 3 months prior to the date when he is eligible to be considered for release on parole

    (a) for the purpose of seeking or engaging in gainful employment outside the prison in which he is confined; or

    (b) for the purpose of engaging gratuitously in work for a charitable or voluntary organisation, approved by the chief executive officer.

    (3) Leave of absence under and subject to this section may be granted to a prisoner during the period of 12 months before the date when he is entitled to be discharged from prison or during the period of 12 months prior to the date when he is eligible to be considered for release on parole for the purpose of visiting a friend or relation.

    (4) Leave under subsection (3) may not be granted

    (a) during any period before the period of 6 months prior to the date when the prisoner is entitled to be discharged from prison or he is eligible to be considered for release on parole, for more than 12 hours per month; and

    (b) during any period after the period described in paragraph (a), for more than 12 hours per fortnight,

    but during the period of 3 months prior to the date when the prisoner is entitled to be discharged from prison or he is eligible to be considered for release on parole, leave under subsection (3) may be granted for a longer period or periods than 12 hours per fortnight in accordance with a policy approved by the Minister.

    (5) With the approval of the Minister, the chief executive officer may grant leave of absence from prison for a purpose or in circumstances or for periods (not being a purpose or circumstances or periods of the kind referred to in subsections (2) or (3)) which appear to the Minister to be sufficient, but the Minister shall cause a note of the circumstances of every such case to be tabled in each House of Parliament within 12 sitting days of that House after the date of the grant of leave.

    (6) The note referred to in subsection (5) shall include the name of the prisoner, a record of his convictions, details of his sentence (including the earliest date upon which he may be discharged), details of any previous breach of a community order (as defined in the Sentencing Act 1995) or probation or parole or of a home detention order or work release order or re-entry release order, or leave of absence, and details of the purpose and circumstances of the leave of absence granted to him.

    (7) The chief executive officer may grant leave of absence under this section subject to such conditions and restrictions as are set out in the instrument by which leave is granted and the prisoner to whom the grant relates shall sign on the instrument an acknowledgment that he is aware of those conditions and restrictions.

    (8) Upon the grant of leave of absence to a prisoner under this section, a copy of the instrument by which such leave is granted shall be given to him.

    (9) A reference in this section to a particular period prior to the date when a prisoner is eligible to be considered for release on parole shall be taken to include any period after that date during which the prisoner has not been released on parole.

    [Section 87 amended by No. 47 of 1987 s. 11; No. 113 of 1987 s. 32; No. 78 of 1995 s. 110; No. 50 of 2003 s. 29(3).]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.