Young Offenders (Interstate Transfer) Act 1987

This Act may be cited as the Young Offenders (Interstate Transfer) Act 1987.

This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty.

Except as provided by subsection (1), this Act shall commence on a date appointed by proclamation.

In this Act—

agreement means an agreement entered into under section 5 between the Minister and a Minister of another State.

arrangement means an arrangement made under section 6 for the transfer of a young offender from Queensland to another State, or to Queensland from another State.

department...

guardian means any person who is recognised in law as a legal guardian of a child, and includes a person who, apart from the operation of the Child Protection Act 1999, would in law be guardian of a child.

Minister, in relation to—

Queensland, includes a Minister who is temporarily performing the duties of the Minister;

a State other than Queensland, means—

except where the other State is the Australian Capital Territory or the Northern Territory—a Minister of the Crown of that State; or

where the other state is the Australian Capital Territory—a Minister of the Crown of the Commonwealth; or

where the other State is the Northern Territory of Australia—a person holding Ministerial office under section 36 of the Northern Territory (Self-Government) Act 1978 (Cwlth).

permanent head means the chief executive of the department.

receiving State, in relation to the transfer of a young offender, means the State to which the young offender is transferred.

sending State, in relation to the transfer of a young offender, means the State from which the young offender is transferred.

young offender means a person—

in another State who—

is under the age of 18 years and who has committed or is alleged to have committed an offence; or

is of or over the age of 18 years but under the age of 21 years and who has committed or is alleged to have committed an offence when the person was under the age of 18 years;

and who has been dealt with under a law which applies in that State and which relates to the punishment of a person who is under the age of 18 years; or

in Queensland who is subject to a sentence order under section 175(1)(d), (da), (db), (e) or (g) (Sentence orders—general) or section 176(1), (2) or (3) (Sentence orders—serious offences) of the Youth Justice Act 1992; or

who is in Queensland and is subject to an arrangement for the transfer of the person to Queensland or is being transferred through Queensland from one State to another under an arrangement.

This Act shall be administered by the Minister and, subject to the Minister, by the permanent head and other officers of the department.

The Minister may enter into a general agreement with a Minister of another State for the transfer of young offenders into or out of Queensland and for the transfer of young offenders through Queensland from one State to another.

Where the Minister enters into an agreement with a Minister of another State, the permanent head may make an arrangement with the Minister of the other State, or with a person authorised by that Minister as provided in the agreement, for the transfer of a particular young offender—

from Queensland to the other State; or

to Queensland from the other State.

The permanent head shall not make an arrangement for the transfer of a young offender from Queensland to another State unless—

the young offender or the young offender’s parent or guardian applies for the transfer to be made; and

the permanent head is of the opinion that the transfer is appropriate in all the circumstances including—

the place or intended place of residence of the parents or other relatives or guardian; and

the education, future education, training or employment; and

the medical or other needs;

of the young offender; and

the permanent head is satisfied that there is no appeal pending against an order of a court to which the young offender is subject.

For the purpose of deciding whether or not to arrange for the transfer of a young offender from Queensland to another State, the permanent head may ask—

the young offender; or

the parents or other relatives or the guardian of the young offender;

for any necessary information.

The young offender, parents, other relatives or guardian shall supply the information within the time specified by the permanent head.

The permanent head shall not make an arrangement for the transfer of a young offender from another State to Queensland unless the permanent head is satisfied that there are adequate facilities in Queensland for the young offender to be accepted and dealt with as provided in the arrangement.

An arrangement for the transfer of a young offender to or from Queensland shall—

provide for the acceptance of and means of dealing with the young offender in the receiving State; and

specify each order of a court of the sending State to which the young offender is subject (including an order deemed by a previous arrangement with Queensland or with another State to have been made by a court of the sending State); and

for each order specified under paragraph (b)—

specify the way in which it is to operate in the receiving State, which shall be as similar as possible to the way in which it would operate in the sending State if the arrangement were not made; and

specify the maximum time for which it is to operate, which shall not be longer than the maximum time for which it would operate in the sending State if the arrangement were not made.

An arrangement made by the permanent head for the transfer of a young offender from Queensland to another State may provide for an escort to be authorised in Queensland to hold, take and keep custody of the young offender for the purpose of transferring the young offender to the place and custody specified in the arrangement.

A reference in subsection (1) to an order of a court of a sending State is a reference to any sentence, period of detention, probation, parole or other order which could be made or imposed by such a court.

Where the permanent head makes an arrangement under this Act for the transfer of a young offender to another State in the custody of an escort the permanent head shall make a transfer order which—

directs the person who has the care of the young offender to deliver the young offender into the custody of the escort named in the order; and

authorises the escort to take and keep custody of the young offender for the purpose of transferring the young offender to the place and into the custody in the receiving State specified in the arrangement.

A reference in subsection (1) to a person having the care of a young offender is a reference to—

a person who, under the Youth Justice Act 1992—

is a detention centre manager; or

is in charge of any other place established under section 262 (Establishment of detention centres and other places) of the Youth Justice Act 1992; or

any other person who has care of the young offender.

A reference in subsection (1) to an escort is a reference to—

any officer of the department; or

any police officer; or

a person appointed by the permanent head by an instrument in writing to be an escort for the purposes of this Act;

or any 2 or more of them.

Where under an arrangement for the transfer of a young offender to Queensland an escort authorised under the arrangement brings the young offender to Queensland, the escort, while in Queensland, is authorised to hold, take and keep custody of the young offender for the purpose of transferring the young offender to the place and custody specified in the arrangement.

For the purpose of forming an opinion or exercising a discretion under this Act, the permanent head may be informed as the permanent head thinks fit and, in particular, may have regard to reports from any person who has or has had the custody, care or supervision of a young offender in Queensland or in another State.

Reports of any person who has or has had the custody, care or supervision of a young offender may be sent to a Minister of another State who has entered into an agreement or to a person authorised by that Minister to make arrangements with the permanent head.