Northern Territory Consolidated Acts

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YOUTH JUSTICE ACT 2005 - SECT 184

Transfer from Territory

    (1)     The Minister may make an order to transfer a detainee if satisfied:

        (a)     it is appropriate in the circumstances for a detainee to serve his or her detention in a State; and

        (b)     the corresponding Minister of the relevant State will accept the detainee.

    (2)     The circumstances to which the Minister may have regard for subsection (1) include:

        (a)     the place or intended place of residence of responsible adults in respect of, or relatives of, the detainee; and

        (b)     the present and future education and employment of the detainee; and

        (c)     the medical and other needs of the detainee.

    (3)     In deciding whether to make an order under subsection (1) in relation to a detainee, the Minister may request any of the following to give specified information within the period specified in the request:

        (a)     the detainee;

        (b)     the parents of the detainee or responsible adults in respect of the detainee.

    (4)     The Minister must not make a transfer order in relation to a detainee unless the Minister is satisfied:

        (a)     the detainee has received independent legal advice and consents to the transfer; and

        (b)     there is no appeal pending under Part 7 in relation to the detainee and that the period for lodging an appeal has expired.

    (5)     The Minister may make a transfer order in relation to a detainee without the detainee's consent if:

        (a)     a responsible adult in respect of a detainee requests the Minister to transfer the detainee; and

        (b)     the Minister is satisfied it is in the best interests of the detainee.

    (6)     A decision to make, or refuse to make, a transfer order is not subject to appeal or review by a court or tribunal.



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