New South Wales Consolidated Acts

CHILDREN (DETENTION CENTRES) ACT 1987 - SECT 42

42 Attendance of persons subject to control before courts and court officers

(1) If an appropriate person or body is satisfied that it is necessary that a detainee should attend before it, him or her for the purposes of any legal proceeding, inquest or inquiry then pending and that the absence of the detainee may prejudice the rights of a party, the person or body may make an order directing the centre manager of the detention centre in which the detainee is detained to cause the detainee to be produced at the court or other place at which the proceeding, inquest or inquiry is being held.

(2) Such an order is sufficient authority for the centre manager to cause the detainee to be produced in accordance with the terms of the order.

(3) A detainee produced in accordance with such an order is taken to be in lawful custody while in the actual custody of the centre manager of a detention centre, a juvenile justice officer or a police officer.

(4) It is the duty of the centre manager, juvenile justice officer or police officer having actual custody of the detainee to return the detainee to the detention centre from which the detainee was produced as soon as the appropriate person or body permits.

(5) In this section, "appropriate person or body" means:

(a) a court of record, a judge of such a court or a person constituting such a court, or

(b) the Victims Compensation Tribunal, or

(c) a coroner, or

(d) a registrar of the Local Court, a Registrar of the Children’s Court, a Registrar or assistant Registrar of the District Court, a Registrar or Deputy Registrar of the Supreme Court or the Registrar of the Court of Criminal Appeal, or

(e) a person prescribed by the regulations for the purposes of this definition.