Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 210

210 Detention to be served in detention centre

(1) Subject to this Act, a child who is sentenced to serve a period of detention must serve the period of detention in a detention centre.

(2) If a court makes a detention order against a child and the child is not already in the custody of the chief executive, the commissioner of the police service must—

(a) take immediate custody of the child; and

(b) deliver the child into the custody of the chief executive as soon as reasonably practicable after the date the chief executive notifies to the commissioner under subsection (3) .

Note—

However, subsection (2) (b) stops applying if a child is in custody in a watch-house and the child turns 18 years. See section 276A .

(3) The chief executive must—

(a) notify the commissioner of the police service of the date from which delivery of the child into the chief executive’s custody will be accepted; and

(b) fulfil the duty under paragraph (a) as soon as reasonably practicable in all the circumstances, including, for example, the number of children held by the commissioner and the capacity of detention centres.

(4) In deciding the date, the chief executive must have regard to the information available to the chief executive about the following matters—

(a) the child’s needs, having regard to—

(i) the child’s age and sex; and

(ii) the child’s cultural background; and

(iii) the child’s historic and current self-harm risk and suicide risk; and

(iv) the child’s medical conditions, if any; and

(v) the child’s physical health and mental health issues, if any; and

(vi) the child’s substance misuse and withdrawal issues, if any; and

(vii) the child’s cognitive capacity; and

(viii) the location and date of the child’s next court appearance; and

(ix) any other issue the chief executive considers may affect the child’s health or wellbeing in a watch-house environment; and

(x) any other issue the chief executive considers may affect the child’s health or wellbeing while the child is being transported between a watch-house and a detention centre;

(b) if 1 or more other children are being held by the commissioner of the police service—the relative needs of the child and the other children having regard to the matters mentioned in paragraph (a) ;

(c) the effect the delivery of the child is likely to have on—

(i) the chief executive’s ability to comply with section 263 ; and

(ii) the chief executive’s ability to fulfil the chief executive’s duties as an employer; and

(iii) the commissioner of the police service’s ability to fulfil the commissioner’s duties as an employer; and

(iv) the commissioner of the police service’s ability to fulfil the commissioner’s responsibility for—

(A) the security and management of watch-houses; and

(B) the safety and wellbeing of people detained in watch-houses.

(4A) However, in deciding the date, the chief executive must not have regard to the effect of section 276A .

(5) A failure of the chief executive to provide procedural fairness to the child in deciding the date under subsection (4) does not affect the validity of the decision.

(6) Subsection (2) does not apply if the court makes a conditional release order under section 220 .

(7) For the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that this section has effect—

(a) despite being incompatible with human rights; and

(b) despite anything else in the Human Rights Act 2019 .

(8) This subsection and subsections (7) and (9) expire on 31 December 2026.

(9) A regulation may postpone the expiry of this subsection and subsections (7) and (8) but can not postpone the expiry for more than 1 year after 31 December 2026.