Transfer of young offenders to this State
37 Transfer of young offenders to this State
The
Minister may make arrangements with the appropriate authority of another State for the transfer of a young offender from that other
State to this State.
Before entering into arrangements under this section, the Minister must be satisfied—
that the young offender is over the age of 10 years; and
that there is in force in this State a law that substantially corresponds to the law against which the young offender offended; and
that the young offender is not liable to detention for an indeterminate period; and
that the young offender will be dealt with in the correctional system of this State in substantially the same way as if he or she had remained in the correctional system of the other State.
Before entering into arrangements under this section, the Minister must allow the guardians of the youth a reasonable opportunity to make representations on the question whether the transfer is in the best interests of the young offender.
If a young offender is transferred to this State pursuant to arrangements under this section—
a copy of the correctional order must be filed in the Youth Court; and
the young offender will be dealt with under the law of this State as if—
the correctional order had been made under the law of this State; and
any period of detention, community service, conditional release, probation, parole or supervision served by the young offender pursuant to the order had been served in this State; and
any entitlement to remission of sentence that had accrued prior to the transfer had accrued under the law of this State.
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