South Australian Numbered Acts

YOUTH JUSTICE ADMINISTRATION ACT 2016 (NO 6 OF 2016) - SECT 36

36—Transfer of young offenders to other States

        (1)         The Minister may make arrangements with the appropriate authority of another State for the transfer of a young offender to that other State.

        (2)         Before entering into arrangements under this section, the Minister must be satisfied—

            (a)         that any rights of appeal against the relevant correctional order have been exhausted or have expired; and

            (b)         that the young offender will be dealt with in the correctional system of the other State in substantially the same way as if he or she had remained in the correctional system of this State; and

            (c)         that the transfer is in the best interests of the young offender; and

            (d)         that—

                  (i)         the young offender consents to the transfer; or

                  (ii)         there are special reasons justifying the transfer although the young offender does not consent.

        (3)         Before entering into arrangements under this section, the Minister must allow the guardians of the youth a reasonable opportunity to make representations on the question whether the transfer is in the best interests of the young offender.

        (4)         Before consenting to a transfer, a young offender must be allowed a reasonable opportunity to obtain independent legal advice on the question of whether the transfer is in his or her best interests.

        (5)         An arrangement under this section will not be carried into effect unless it has been ratified by the Youth Court.

        (6)         If a young offender is transferred to another State pursuant to an arrangement under this section, the Minister will transmit to the appropriate authority of that other State—

            (a)         a copy of the relevant correctional order; and

            (b)         a statement of—

                  (i)         any period of detention served by the young offender pursuant to the order; and

                  (ii)         any community service performed by the young offender pursuant to the order; and

                  (iii)         any period for which the young offender has been subject to conditional release; and

                  (iv)         any period for which the young offender has been on probation or parole or under supervision; and

                  (v)         any remissions of sentence to which the young offender has become entitled; and

            (c)         a report on the young offender.

        (7)         If the Minister arranges for the transfer to another State of a young offender who is in detention, the Minister will arrange for the young offender to be taken to the other State in the custody of a suitable escort and delivered into detention in that other State.

        (8)         If a young offender goes or is transferred to another State and is accepted into the correctional system of that other State pursuant to arrangements under this section, the relevant correctional order ceases to operate in this State.