New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 41C

41C Transfers to and from juvenile correctional centres

(1) The Commissioner may order that a juvenile inmate be transferred from an adult correctional centre to a juvenile correctional centre for any reason specified in the order.

(2) The Minister may order that a juvenile inmate be transferred from a juvenile correctional centre to an adult correctional centre if:

(a) the Commissioner, in the case of a juvenile inmate who is of or above the age of 18 years, or

(b) the Review Council, in the case of a juvenile inmate who is under the age of 18 years,

recommends to the Minister that the inmate should be transferred.

(3) A recommendation for the transfer of a juvenile inmate from a juvenile correctional centre to an adult correctional centre may not be made unless the Commissioner or Review Council, as the case may be, is satisfied that:

(a) the inmate wishes to be transferred, or

(b) the inmate’s behaviour is or has been such that he or she should be transferred, or

(c) it is in the inmate’s best interests that he or she be transferred, or

(d) the association of the inmate with other juvenile inmates at the juvenile correctional centre constitutes, or is likely to constitute, a threat to:

(i) the personal safety of any other person, or

(ii) the security of the juvenile correctional centre, or

(iii) good order and discipline within the juvenile correctional centre.

(4) Subsection (2) does not limit the operation of section 23 (1) in relation to juvenile inmates who are of or above the age of 18 years.

Note: Section 23 (2) limits the operation of section 23 (1) in relation to juvenile inmates who are under the age of 18 years.

(5) Subsections (2), (3) and (4) do not apply to the transfer of a juvenile inmate to a hospital pursuant to an order by the Commissioner under section 24.

(6) Such an order may not be made without prior consultation between the Commissioner and the Chief Executive Officer, Justice Health.