Victorian Numbered Acts Victorian Numbered Acts(1) The Youth Parole Board may, on the application of the Secretary, direct a person aged 16 years or more sentenced as a child by the Children's Court or any other court to be detained in a youth justice centre be transferred to a prison to serve the unexpired portion of the period of his or her detention as imprisonment.
(2) The Youth Parole Board may only make a direction under sub-section (1) in respect of a person if—
(a) it has had regard to the antecedents and behaviour of the person; and
(b) it has had regard to the age and maturity of the person; and
(c) it has taken into account a report from the Secretary; and
(d) it is satisfied that the person—
(i) has engaged in conduct that threatens the good order and safe operation of the youth justice centre; and
(ii) cannot be properly controlled in a youth justice centre.
(3) A report from the Secretary under sub-section (2)(c) must set out the steps that have been taken to avoid the need to transfer the person concerned to prison.
(4) The Youth Parole Board may direct that a person aged 18 years or more sentenced by a court other than the Children's Court to be detained in a youth justice centre be transferred to a prison to serve the unexpired portion of the period of his or her detention as imprisonment if the Board considers the direction appropriate, having regard to the antecedents and behaviour of the person.