(1) This section applies to a young detainee who is absent from a detention place under any of the following:
(a) a direction by the director-general, including a direction under section 109 (Transfers to health facilities) or section 111 (Transfers to correctional centres—under 21 years old);
(b) a local leave permit under section 241;
(c) an interstate leave permit under section 242;
(d) any other authority (however described) prescribed by regulation.
(2) To remove any doubt, the young detainee is—
(a) taken to be in the director-general's custody; and
(b) if under escort by an escort officer—also taken to be in the escort officer's custody.
(3) However—
(a) if a young detainee is transferred to a correctional centre under a direction under section 111 (Transfers to correctional centres—under 21 years old)—the young detainee is taken to be in the director-general's custody only until the young detainee is admitted to the correctional centre; and
Note See s 111 (6).
(b) if a young detainee is transferred to a secure mental health facility under a direction under section 109 (Transfers to health facilities)—the young detainee is taken to be in the director-general's custody only—
(i) until the young detainee is admitted to the facility; and
(ii) if the young detainee is transferred from a secure mental health facility under the Mental Health Act 2015
, section 144B (Taking person to appear before court)—from when the young detainee is transferred until when the young detainee is returned; and
(iii) if the young detainee is returned to a detention place—when the young detainee is discharged from the facility.
Note See the Mental Health Act 2015
, s 144A (Transfer of custody if person admitted to secure mental health facility) for custody while at a secure mental health facility and s 144B (Taking person to appear before court) for custody when attending court.
(4) In this section:
"admitted" to a secure mental health facility includes transferred to the facility.
Example
A person is transferred to a secure mental health facility at
Canberra Hospital from another unit at the hospital.