CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 135 Power to arrange for transfers

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 135

(1)     The chief executive may make an arrangement for the transfer of a young offender from the Territory to a State on application by the young offender or a person responsible for a young offender, or where the chief executive has parental responsibility for the young offender, if—

        (a)     the chief executive reasonably believes that the transfer is appropriate, having regard to all the circumstances, including—

              (i)     the place or intended place of residence of people with parental responsibility for the young offender or his or her kin; 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 welfare of the young offender; and

        (b)     except where the young offender applies for the transfer—

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

              (ii)     the chief executive decides that the particular circumstances of the case indicate that the transfer should be arranged without the young offender's consent; and

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

        (d)     the chief executive is satisfied that there is no appeal pending against an order of a court to which the young offender is subject.

(2)     In deciding whether to arrange for the transfer of a young offender from the Territory to a State on an application under subsection (1), the chief executive may ask—

        (a)     the young offender; or

        (b)     a person responsible for the young offender;

for relevant information.

(3)     The chief executive may refuse to make an arrangement if information asked for is not supplied within the time stated by the chief executive.

(4)     The chief executive may make an arrangement to transfer a young offender from the Territory to a State other than under subsection (1) if—

        (a)     the young offender is detained in an institution; and

        (b)     the chief executive reasonably believes that the behaviour of the young offender in the institution places at risk the safety, health or welfare of other people detained in the institution or of the staff of the institution; and

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

        (d)     the chief executive is satisfied that there is no appeal pending against an order of the court to which the young offender is subject.

(5)     This section does not apply to a further arrangement made for the purpose of rectifying an error.