Youth Justice Act 2005

If a youth is charged with an offence and is not released from custody, the youth must be brought before the Court:

as soon as practicable and within 24 hours after the charge; or

on the next business day after the charge.

The youth may be brought before the Court by audiovisual link or by telephone.

Subject to subsection (6), if the youth is not brought before the Court in accordance with subsection (1), the person in whose custody the youth is being held must immediately release the youth.

The person in whose custody the youth is being held may apply to a Local Court Judge to extend the time mentioned in subsection (1).

The application to the Judge may be made by audiovisual link or by telephone.

The Judge may grant the extension of time if the Judge is satisfied that circumstances beyond the control of the person in whose custody the youth is being held prevent the person from bringing the youth before the Court in accordance with subsection (1).

an emergency situation or natural disaster that causes delays in transportation arrangements for the youth;

a weather event that causes delays in transportation arrangements for the youth;

riotous conduct in a remote community where the youth is located which prevents the youth from being transported to the Court;

the youth requires medical attention;

the equipment required to bring the youth before the Court has failed;

there is a safety or security concern in transporting the youth to the Court.

If the Judge grants the extension of time under subsection (6), the Judge must make orders in relation to when and how the youth must be brought before the Court.