(1) An authorised police officer who makes a police detention decision in relation to a child must, as part of that decision, direct that the child be detained in a youth justice facility unless the officer is satisfied that it is reasonably necessary for the child to be detained at a place other than a youth justice facility.
(2) For the purposes of subsection (1), the authorised police officer must have regard to the following—
(a) the child's age and vulnerability;
(b) the likely impact that detention in a place other than a youth justice facility will have on the child;
(c) the grounds on which the police detention decision is made;
(d) the risk posed by the child to—
(i) the national or international security of Australia; or
(ii) other persons detained in a youth justice facility; or
(iii) the good order and safe operation of a youth justice facility;
(e) the availability of a place in a youth justice facility for the child to be detained in compliance with this Part.
Note
See also section 13AR.
S. 13AE inserted by No. 32/2018 s. 9.