Victorian Current Acts

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TERRORISM (COMMUNITY PROTECTION) ACT 2003 - SECT 13AD

Nature of police detention decisions in relation to children—detention in youth justice facilities

    (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.



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