Youth Justice Act 1992

This section applies if—

the commissioner of the police service has taken immediate custody of a child under section 56(2)(a); and

the child has not been delivered into the custody of the chief executive under section 56(2)(b); and

the child is in custody in a watch-house.

The chief executive may take the child into the temporary custody of the chief executive for the purpose of enabling the child to participate in activities, programs or services at a specified detention centre for a period on a specified day (the temporary transfer period).

However, the chief executive may take the child into the chief executive’s temporary custody under subsection (2) only if—

the child agrees; and

the commissioner of the police service has agreed in writing.

In deciding whether to take the child into the chief executive’s temporary custody under subsection (2), the chief executive must have regard to—

the matters mentioned in section 56(4); and

the practicality of transporting the child between the watch-house where the child is held in custody and the specified detention centre, including, for example, the distance between the watch-house and the detention centre and the availability of suitable transportation.

If the chief executive takes the child into the chief executive’s temporary custody under subsection (2), the chief executive may ask the chief executive of another department prescribed by regulation to assist with the transportation of the child between the watch-house and the specified detention centre.

The chief executive must return the child to the custody of the commissioner of the police service before the end of the temporary transfer period unless—

both of the following apply—

the chief executive notifies the commissioner of the police service under section 56(3)(a) of the date from which delivery of the child into the chief executive’s custody will be accepted (the formal transfer date);

the formal transfer date is during the period the child is in the chief executive’s temporary custody under this section; or

unforeseen circumstances reasonably prevent the return of the child to the custody of the commissioner.

If the child is not returned to the custody of the commissioner of the police service under subsection (6)(b), the chief executive must—

inform the child and the commissioner as soon as reasonably practicable of the unforeseen circumstances and when the chief executive expects to return the child to the custody of the commissioner of the police service; and

return the child to the custody of the commissioner as soon as reasonably practicable unless—

the chief executive notifies the commissioner under section 56(3)(a) of the date from which delivery of the child into the chief executive’s custody will be accepted (also the formal transfer date); and

the formal transfer date is before the child could be returned to the custody of the commissioner because of the unforeseen circumstances.

While the child is in the chief executive’s temporary custody under this section, the child is taken to be detained in custody in the specified detention centre.

To remove any doubt, it is declared that the temporary transfer of custody of a child by the commissioner of the police service to the chief executive under this section does not constitute delivery of the child into the chief executive’s custody under section 56(3).