New South Wales Consolidated Acts

CHILDREN (DETENTION CENTRES) ACT 1987 - SECT 28

28 Transfer of older detainees from detention centres to correctional centres

(1) The Director-General may, by order in writing made with the consent of the Commissioner of Corrective Services, direct the transfer of an older detainee from a detention centre to a correctional centre.

(1A) An order may be made under subsection (1) regardless of whether or where the detainee is currently in custody.

(2) In the case of a detainee who is under the age of 18 years, an order may not be made under subsection (1) unless:

(a) he or she is a person on remand or a person subject to control by reason of an order in force under section 10, or

(b) he or she is a person on remand in relation to a serious children’s indictable offence within the meaning of the Children (Criminal Proceedings) Act 1987 , or

(c) he or she is a person subject to control by reason of an order in force under section 19 of the Children (Criminal Proceedings) Act 1987 , or

(d) the Director-General is satisfied that the detainee’s behaviour is or has been such as warrants the making of such an order.

(2A) In the case of a detainee who is of or above the age of 18 years, but under the age of 21 years, an order may not be made under subsection (1) unless:

(a) the Children’s Court makes an order authorising the making of such an order, or

(b) the detainee has been detained in a detention centre for at least 6 months and the Director-General has assessed that, having regard to all of the circumstances, it would be preferable for the detainee to be detained in a correctional centre, or

(c) the detainee is, or has previously been, detained as an inmate in a correctional centre (other than a juvenile correctional centre) for a period of, or periods totalling, more than 4 weeks, or

(d) the detainee applies to the Director-General in writing for the detainee’s transfer to a correctional centre, or

(e) one or more of the circumstances referred to in subsection (2) applies in relation to the detainee.

(2B) An order under subsection (1) with respect to a detainee who is under the age of 18 years may only be made for the purpose of transferring the detainee to a juvenile correctional centre.

(2C) Subsection (2) does not apply to a detainee in respect of whom an order under subsection (1) has previously been made in relation to a current period of detention.

(2D) Subsection (2A) does not apply to a detainee in respect of whom an order under subsection (1) has previously been made, whether in relation to a current period of detention or an earlier period of detention.

(3) When a detainee is transferred from a detention centre to a correctional centre pursuant to an order under this section:

(a) he or she ceases to be a detainee and becomes an inmate, and

(b) in the case of a detainee who, having been a person subject to control, becomes an inmate within the meaning of the Crimes (Administration of Sentences) Act 1999 , the period for which he or she was required, under this Act, to be detained in a detention centre when the order was made is taken to be the unexpired portion of a sentence of imprisonment to which he or she is subject.