Emergency Absences

Introduction

This topic outlines information about emergency absences, and the process for verifying emergency absences.

Offenders subject to CD may leave the curfew address during the curfew period without prior authorisation in an emergency situation.

Legislative reference: Section 69E(2) Sentencing Act 2002.

Definition of emergency

An emergency is defined as an event:

• requiring urgent and immediate medical or dental attention for the offender or someone for whom the offender has sole responsibility
• of a nature, such as fire, earthquake or flood, which endangers the offender or someone for whom the offender has sole responsibility if they remain at the curfew address, or
• presenting immediate danger to the offender or someone for whom the offender has sole responsibility for, such as actual or threatened domestic violence.

In any of these events, the offender may leave the curfew address during the curfew period without prior authorisation.

Verifying the emergency

All emergency absences must be verified by the supervising CPPS staff member as soon as possible after the event. The onus should be on the offender to provide verification of the emergency.

Verification that the emergency occurred and the offender's location during the emergency must be provided by a source other than the offender or any of the relevant occupants.

Examples: Medical certificate, confirmation from police or fire service.

Recording emergency absences

All emergency absences must be clearly documented in IOMS casenotes, along with details of the confirmation (if obtained) or decisions regarding enforcement (where confirmation has not been able to be obtained).