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Introduction

This topic:

  • outlines information about emergency absences, and
  • explains the process for verifying emergency absences.

Offenders subject to HD, or parole or extended supervision with RR may leave the HD residence/RR residence without the prior authorisation of a probation officer in an emergency situation.

Legislative references: Section 80C Sentencing Act 2002, and section 33 Parole Act 2002.

Definition: 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 for, 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.
Confirming the emergency

All emergency absences must be confirmed by the probation officer as soon as possible after the event, including the purpose and location of the absence. 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, etc.

If…

then…

  • the offender is not easily able to provide verification in writing, or
  • the authenticity of the verification provided is questionable

the probation officer should obtain the offender???s permission to contact a person able to verify the emergency and for that person to release the information requested.

the emergency cannot be verified

consideration must be given as to whether enforcement action should be taken.



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).

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