Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 276C

276C Persons who turn 18 years while held on remand or serving period of detention

(1) If a person turns 18 years while being held on remand or serving a period of detention in a detention centre, the person must be transferred to a corrective services facility to be held on remand or to serve the remaining period of detention as a term of imprisonment.

(2) The transfer under subsection (1) must be made—

(a) if a direction about the person is given under section 276D and the chief executive revokes the direction—within 30 days after the direction is revoked; or

(b) otherwise—within 30 days after the day the person turns 18 years.

(3) A failure to comply with subsection (2) does not affect—

(a) the requirement to transfer the person under subsection (1) ; or

(b) the validity of a transfer under subsection (1) .

(4) The chief executive must, as soon as practicable after becoming aware that a person is likely to be transferred under this section, give the chief executive (corrective services) a notice stating the following—

(a) the person’s name;

(b) the day the transfer is likely to occur;

(c) if the person is serving a period of detention—

(i) the period of detention the person remains liable to serve when the notice is given; and

(ii) the day on which the person is required to be released from detention under section 227 .

(5) The chief executive must, as soon as practicable after the day of the transfer is known, give the chief executive (corrective services) a notice stating the following—

(a) the person’s name;

(b) the day of the transfer;

(c) if the person is serving a period of detention—

(i) the period of detention the person remains liable to serve after the day of the transfer; and

(ii) the day on which the person is required to be released from detention under section 227 .