CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 117 Power to arrange for transfers

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 117

    (1)     The director-general may make a transfer arrangement for the transfer of a young offender from the ACT to a State—

        (a)     on application by the young offender or a person responsible for the young offender; or

        (b)     if the director-general has daily care responsibility, or long-term care responsibility, for the young offender.

    (2)     However, the director-general may only make a transfer arrangement for the transfer of a young offender from the ACT to a State if—

        (a)     the director-general believes on reasonable grounds that the transfer is appropriate, having regard to all the circumstances, including—

              (i)     the place or intended place of residence of the parents of the young offender and other people (if any) who have daily care responsibility, or long-term care responsibility, for the young offender, or the young offender's family members; and

              (ii)     the present and future education, training or employment of the young offender; and

              (iii)     the medical needs of the young offender; and

              (iv)     the safety, health and wellbeing of the young offender; and

        (b)     either—

              (i)     the young offender agrees to the transfer; or

              (ii)     the director-general decides that the particular circumstances of the case indicate that the transfer should be arranged without the young offender's agreement; and

        (c)     the young offender has been given independent legal advice about the effect of the transfer arrangement; and

        (d)     the director-general is satisfied that there is no appeal pending against an order of a Childrens Court to which the young offender is subject.

    (3)     In deciding whether to arrange for the transfer of a young offender on an application under subsection (1) (a), the director-general may ask the following people for relevant information:

        (a)     the young offender;

        (b)     a person responsible for the young offender.

    (4)     The director-general may refuse to make a transfer arrangement if information asked for is not supplied within the time stated by the director-general.

    (5)     The director-general may make a transfer arrangement to transfer a young offender from the ACT to a State other than under subsection (1) if—

        (a)     the young offender is detained in a detention place; and

        (b)     the director-general believes on reasonable grounds that the behaviour of the young offender in the detention place puts at risk the safety, health or wellbeing of other people detained in the detention place or of staff at the detention place; and

        (c)     the young offender has been given independent legal advice about the effect of the transfer arrangement; and

        (d)     the director-general is satisfied that there is no appeal pending against an order of the Childrens Court to which the young offender is subject.

    (6)     This section does not apply to a transfer arrangement to fix a mistake.