Page 3308 - Week 11 - Tuesday, 22 September 2015
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and that the young person will need to be medically transported interstate for treatment and ongoing care for a period longer than seven days. The amendment to section 242 would ensure that the young person can travel interstate to receive the required treatment.
A renewal of the interstate permit will be subject to the same safeguards that are currently available under division 6.8.2 of the act. This may include a condition that the escort officer accompany the young detainee interstate. When considering making an interstate leave permit or renewing an interstate leave permit, the decision maker is bound by the principles of the administration decision making, which include making a decision based on the information and facts available and obtaining further information or advice if necessary before making or renewing a permit. For example, when renewing a permit for the reasons in my hypothetical example, the decision maker would have regard to the options and reports of the treating medical team.
The amendment also provides that if the power under section 242 is delegated, the director-general must be notified of the renewal of a leave permit for the fourth and subsequent times. This means that the power will not be used for periods longer than 28 days without high level oversight.
Finally, the amendment does not affect the power contained in part 5.2 of the act to transfer custody of the young offender to another jurisdiction. This means that if it makes more sense to transfer the custody of a young offender to another jurisdiction, rather than continuing to extend the interstate leave permit, this can be done. This supports the flexibility in the management of young offenders and is a sensible operational decision. I commend the bill to the Assembly.
MR RATTENBURY (Molonglo—Minister for Territory and Municipal Services, Minister for Justice, Minister for Sport and Recreation and Minister assisting the Chief Minister on Transport Reform) (10.52), in reply: The Corrections Management Bill reflects the government’s ongoing commitment to maintain a safe and rehabilitative-focused environment for detainees and staff at correctional centres. The bill makes two important amendments to existing corrections facility legislation. The bill reforms provisions relating to random drug testing of detainees in corrections centres and also clarifies that an interstate leave permit under either the Corrections Management Act 2007 or the Children and Young People Act 2008 can be renewed with the appropriate oversight and care required.
The amendments to random drug testing are part of a continuing commitment by ACT Corrective Services to address detainees’ substance addiction and abuse and to improve good order at the AMC. This bill amends the random drug testing provisions to allow the director-general to identify the donor of a random drug test for the purpose of referral for appropriate treatment and programs or discipline. Currently the Corrections Management Act allows for both targeted and random drug testing. Detainees are identified for a targeted drug test based on the important intelligence gathered by ACT Corrective Services. This process is in line with best practice in other jurisdictions.
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