CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 109 Transfers to health facilities

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 109

    (1)     The director-general may direct that a young detainee be transferred to a health facility at a detention place, or outside a detention place, if the director-general believes on reasonable grounds that it is necessary or prudent for the young detainee to receive health services at the facility.

Note     Health facility — see the dictionary.

    (2)     The director-general must have regard to the advice of a treating doctor when considering whether to make a direction under subsection (1).

    (3)     The director-general may direct an escort officer to escort the young detainee—

        (a)     to or from the health facility; or

        (b)     for a facility other than a secure mental health facility—while at the facility.

    (4)     The young detainee may be discharged from the health facility only if—

        (a)     the health practitioner in charge of the young detainee's care approves the discharge; or

        (b)     the director-general directs that the young detainee be removed from the facility.

Example—direction for removal of young detainee from health facility

where the young detainee is a danger to the safety of people at the facility

    (5)     The director-general must have regard to the health of the young detainee when considering whether to make a direction under subsection (4).

    (6)     The director-general may give a direction for ensuring that a young detainee discharged from a health facility under subsection (4) is returned to a detention place stated in the direction.

    (7)     For chapter 8 (Criminal matters—discipline at detention places), this section is taken to provide an entitlement for each young detainee in relation to health care.