New South Wales Consolidated Acts

CHILDREN (DETENTION CENTRES) ACT 1987 - SECT 28B

28B Certain children etc may be committed to correctional centres

(1) This section applies to a person of or above the age of 16 years who:

(a) is subject to a detention order relating to an indictable offence, and

(b) is subject to a further detention order (being an order under section 33 (1) (g) of the Children (Criminal Proceedings) Act 1987 ) in relation to a detention centre offence (as defined in section 28C) committed while the person was a detainee in relation to the offence referred to in paragraph (a).

(2) The Children’s Court may order that a person to whom this section applies be committed to a correctional centre for the whole or any part of the period specified in that further detention order, but only if:

(a) an application for the order is made by the Director-General or the person who commenced the proceedings which resulted in the making of that further detention order, and

(b) the Children’s Court is of the opinion that the person is not a suitable person for detention in a detention centre.

(3) Section 28E makes provision for the matters to be taken into account in deciding whether a person is suitable for detention in a detention centre.

(4) On the coming into operation under section 28F of an order under this section, the detention order concerned becomes a sentence of imprisonment for a term equivalent to the period specified in the order of the Children’s Court under this section.