Victorian Current Acts Victorian Current ActsS. 13WA(1) amended by Nos 48/2006 s. 42(Sch. item 35.5(b)), 37/2014 s. 10(Sch. item 167.21), 32/2018 s. 79(6), 47/2021 s. 22(16).
(1) If the preventative detention order in relation to a person who is under 18 years of age provides for him or her to be detained in a youth justice facility, the police officer who is detaining the person under the order must request the Secretary to authorise the transfer of that person to a youth justice facility.
(2) A request under subsection (1) must be accompanied by a copy of—
(a) the preventative detention order on which is endorsed the date on which, and time at which, the person was first taken into custody or detained under the order; and
(b) any extension or further extension of the order under section 13I; and
(c) any prohibited contact order in force in relation to the person's detention.
S. 13WA(3) amended by Nos 48/2006 s. 42(Sch. item 35.5(b)), 32/2018 s. 79(6), 47/2021 s. 22(16).
(3) If requested to do so under subsection (1),
the Secretary may, by instrument, authorise the transfer to a
youth justice facility of a person being detained under a
preventative detention order from any place where he or she is being detained.
S. 13WA(3A) inserted by No. 32/2018 s. 23(1).
(3A) On the giving of an authorisation under subsection (3), a person at a youth justice facility acting under lawful authority on behalf of the Secretary may receive the person into the facility.
Note
See also section 483(1) and (1A) of the Children, Youth and Families Act 2005 and section 6E(1)(cac) of the Corrections Act 1986 .
S. 13WA(4) amended by No. 48/2006 s. 42(Sch. item 35.5(b)).
(4) If a person is being detained in a youth justice facility under a preventative detention order—
(a) the preventative detention order is taken to authorise the officer in charge of the facility to detain the person at the facility while the order is in force in relation to the person; and
(b) section 13ZB applies in relation to the person's detention under the order at the facility as if—
(i) the officer in charge of that facility; or
(ii) any other person involved in the person's detention at that facility—
were a person exercising authority under the order or implementing or enforcing the order; and
S. 13WA(4)(c) amended by No. 37/2014 s. 10(Sch. item 167.21).
(c) the police officer who made the request under subsection (1) is taken, while the person is detained at the facility, to be the police officer detaining the person for the purposes of Divisions 4 and 5; and
S. 13WA(4)(d) amended by No. 37/2014 s. 10(Sch. item 167.21).
(d) a police officer may at any time enter the facility and visit the person being detained in the facility in connection with the exercise of powers under, and the performance of obligations in relation to, the order.
S. 13WA(5) amended by No. 48/2006 s. 42(Sch. items 35.5(b)(c)).
(5) No provision of the Children, Youth and Families Act 2005 applies in respect of the detention of a person in a youth justice facility under a preventative detention order or an order for his or her detention made under a corresponding preventative detention law other than—
S. 13WA(5)(a) substituted by No. 48/2006 s. 42(Sch. item 35.5(d)).
(a) section 17(1) and, to the extent that it relates to section 597(3) or 597(4), section 17(2);
S. 13WA(5)(b) substituted by No. 48/2006 s. 42(Sch. item 35.5(d)).
(b) section 482(1) other than paragraphs (b) to (d);
S. 13WA(5)(c) substituted by No. 48/2006 s. 42(Sch. item 35.5(d)).
(c) section 482(2) other than paragraphs (a) and (b);
S. 13WA(5)(d) substituted by No. 48/2006 s. 42(Sch. item 35.5(d)).
(d) section 482(3);
S. 13WA(5)(e) substituted by No. 48/2006 s. 42(Sch. item 35.5(d)).
(e) section 483(1) and 483(1A);
S. 13WA(5)(f) substituted by No. 48/2006 s. 42(Sch. item 35.5(d)), repealed by No. 32/2018 s. 23(2).
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S. 13WA(5)(g) substituted by No. 48/2006 s. 42(Sch. item 35.5(d)).
(g) section 487 other than paragraph (f) to the extent that that paragraph applies to discriminatory treatment that is reasonable and necessary having regard to the nature of the person's detention;
S. 13WA(5)(h) substituted by No. 48/2006 s. 42(Sch. item 35.5(d)).
(h) sections 488A to 488G;
S. 13WA(5)(i) substituted by No. 48/2006 s. 42(Sch. item 35.5(d)).
(i) section 501;
S. 13WA(5)(j) substituted by No. 48/2006 s. 42(Sch. item 35.5(d)).
(j) section 597.
S. 13WA(6) amended by No. 48/2006 s. 42(Sch. items 35.5(b)(c)).
(6) If a provision of the Children, Youth and Families Act 2005 applies (with or without modification) in respect of the detention of a person in a youth justice facility under a preventative detention order or an order for his or her detention made under a corresponding preventative detention law, any provision of the regulations made under that provision, or under that Act for or with respect to that provision, also applies in respect of that detention with any necessary modifications.
S. 13WA(7) amended by No. 48/2006 s. 42(Sch. items 35.5(b)(c)).
(7) The Children, Youth and Families Act 2005 , in its application in respect of the detention of a person in a youth justice facility under a preventative detention order or an order for his or her detention made under a corresponding preventative detention law, has effect subject to this Part and to the terms of the order under which the person is detained and, in the event of any inconsistency between that Act and this Part or the order, this Part or the order (as the case requires) prevails over that Act.
S. 13WA(8) amended by No. 48/2006 s. 42(Sch. item 35.5(b)).
(8) Nothing in this section prevents an AFP member entering a youth justice facility and visiting a person being detained in the facility in connection with the exercise of powers under, and the performance of obligations in relation to, an order for the person's detention made under a corresponding preventative detention law.
S. 13WA(9) amended by Nos 32/2018 s. 79(7), 47/2021 s. 22(17).
(9) The Secretary may, by instrument, 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. 13WB inserted by No. 32/2018 s. 24.