20.27.4 imprisonment to be 'in connection with conviction of an offence'
While an offender may be 'imprisoned' (as discussed above), this imprisonment is not always 'in connection with conviction of an offence'. Where there is no conviction of an offence, compensation entitlements are unaffected by S23(2).
Examples where compensation is NOT affected include:
- on remand awaiting trial
- detention in police custody after arrest
- detention in police custody for the person's own protection (drunkenness, psychiatric disorder)
- detention in an Immigration Detention Centre.
'In connection with', although clearly not requiring a causal relationship, does require some real relevance of the conviction to the detention, there must be more than just a temporal coincidence.
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-20-investigating-entitlement-payment/2027-client-imprisoned-after-conviction-offence-s23/20274-imprisonment-be-connection-conviction-offence