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TERRORISM (COMMUNITY PROTECTION) ACT 2003 - SECT 13AR

Detention of children in a youth justice facility

    (1)     This section applies if a police detention decision is made in relation to a child.

S. 13AR(2) amended by No. 47/2021 s. 22(3)(a).

    (2)     If the police detention decision provides that the child must be detained under this Part in a youth justice facility, the police officer who is detaining the child must request the Secretary to authorise the detention of that child in a youth justice facility.

Note

See also section 13AD.

S. 13AR(3) amended by No. 47/2021 s. 22(3)(a).

    (3)     In all other cases, the police officer who is detaining the child under this Part may request the Secretary to authorise the detention of that child in a youth justice facility.

    (4)     A request under subsection (2) or (3) must be accompanied by a written record that—

        (a)     specifies that a police detention decision has been made in relation to the child; and

        (b)     sets out—

              (i)     the date on which, and time at which, the child was first taken into custody or detained under this Part; and

              (ii)     whether any contact with the child has been prohibited under section 13AZZB and the terms of any prohibition.

    (5)     The information in the record under subsection (4) must be sworn or affirmed by the authorised police officer.

S. 13AR(6) amended by No. 47/2021 s. 22(3)(b).

    (6)     If requested to do so under subsection (2) or (3), the Secretary, by instrument, may authorise the detention in a youth justice facility of a child being detained under this Part.

    (7)     On the giving of an authorisation under subsection (6), a person at a youth justice facility acting under lawful authority on behalf of the Secretary may receive the child into the facility.

Note

See also section 483(1) and (1A) of the Children, Youth and Families Act 2005 and section 6E(1)(cab) of the Corrections Act 1986 .

    (8)     If a child is being detained in a youth justice facility under this Part—

        (a)     the officer in charge of the facility is taken to be authorised to detain the child under this Part at the facility while the police detention decision is in effect in relation to the child; and

        (b)     section 13AY applies in relation to the child's detention under this Part at the facility as if—

              (i)     the officer in charge of that facility; or

              (ii)     any other person involved in the child's detention at that facility—

were a police officer exercising authority under this Part in relation to the detention of the child; and

        (c)     the police officer who made the request under subsection (2) or (3) is taken, while the child is detained at the facility, to be the police officer detaining the child for the purposes of Divisions 4, 5 and 7; and

        (d)     a police officer may at any time enter the facility and visit the child being detained in the facility in connection with the exercise of powers under this Part and the performance of obligations in relation to the child's detention under this Part.

S. 13AR(9) amended by No. 47/2021 s. 22(3)(b)(c).

    (9)     The Secretary, by instrument, may delegate any function or power of the Secretary under this section (except this power of delegation) to any person, or class of person, employed in the Department of Justice and Community Safety under Part 3 of the Public Administration Act 2004 .

S. 13AS inserted by No. 32/2018 s. 9.



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