Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 490

Bringing of person before court or inquest

S. 490(1) amended by No. 77/2008 s. 129(Sch. 2 item 6.1).

    (1)     If a court or proper officer of a court requires by an order in the prescribed form that a person in a remand centre, youth residential centre or youth justice centre be brought before the court

S. 490(1)(a) amended by Nos 77/2008 s. 129(Sch. 2 item 6.2), 69/2009 s. 54(Sch. Pt 2 item 10), 11/2021 s. 196(1).

        (a)     the person may be brought before, or be brought to another place specified in the order where facilities exist to enable the person (by audio link or audio visual link) to appear before, the court as often as is necessary for the person to be dealt with according to law or to give evidence, without a writ of habeas corpus or other writ or an order for that purpose; and

        (b)     the person must then be returned to the custody from which the person was brought.

S. 490(2) amended by No. 37/2014 s. 10(Sch. item 18.14).

    (2)     A person being removed from a remand centre, youth residential centre or youth justice centre under this section is, during the time of removal, deemed to be in the legal custody of the police officer, protective services officer or other officer having the custody of that person.

S. 490(3) amended by No. 37/2014 s. 10(Sch. item 18.14).

    (3)     No proceeding, either criminal or civil, may be maintained by a person against any police officer or against any other person on account of the removal.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback