CHILDREN (DETENTION CENTRES) ACT 1987 - SECT 28 Transfer of older detainees from detention centres to correctional centres

CHILDREN (DETENTION CENTRES) ACT 1987 - SECT 28

28 Transfer of older detainees from detention centres to correctional centres

(1) The Secretary 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 Secretary 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 Secretary 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 Secretary 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) The limitations on the making of an order under subsection (1) that are specified in subsection (2) do 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) The limitations on the making of an order under subsection (1) that are specified in subsection (2A) do 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.