Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 245

    (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.