Victorian Numbered Acts Victorian Numbered Acts(1) The Secretary must cause the physical removal of a person from a youth residential centre to a youth justice centre on the direction of the Youth Residential Board under section 464.
(2) A person directed to be transferred under section 464, while being removed from a youth residential centre to a youth justice centre, is deemed to be in the legal custody of the officer having the custody of that person and acting under the direction of the Youth Residential Board and that officer must deliver that person into the custody of the officer in charge of the youth justice centre.
(3) A member of the police force may, if requested to do so by the Secretary, assist the officer referred to in sub-section (2) in the discharge of his or her duties under that sub-section and, in that case, the person being transferred is deemed to be in the legal custody of the member of the police force.
(4) A person transferred to a youth justice centre under section 464 becomes, on transfer, subject to the jurisdiction of the Youth Parole Board.
(5) Despite section 458, the Youth Parole Board must not release a person who—
(a) has been sentenced to a period of imprisonment; and
(b) has been transferred from prison and is currently detained in a youth justice centre—
on parole before the expiry of any non-parole period fixed in accordance with Subdivision (1) of Division 2 of Part 3 of the Sentencing Act 1991 .
(6) Despite section 458, the Youth Parole Board must not release a person on parole if—
(a) the person has been sentenced to a period of imprisonment of 12 months or more; and
(b) a non-parole period has not been fixed in accordance with Subdivision (1) of Division 2 of Part 3 of the Sentencing Act 1991 .
(7) In determining whether to release a person on parole, the Youth Parole Board may take into account the periods which that person has spent in prison and in a youth residential centre.