Victorian Numbered Acts Victorian Numbered Acts(1) If the Youth Parole Board, having regard to the antecedents and behaviour of the child, considers it appropriate in the interests of a child under the age of 18 years detained in a youth justice centre to transfer that child to a youth residential centre, the Youth Parole Board may direct that that person be transferred to a youth residential centre.
(2) The Secretary must cause the physical removal of a person from a youth justice centre to a youth residential centre on the direction of the Youth Parole Board under sub-section (1).
(3) A person directed to be transferred under sub-section (1), while being removed from a youth justice centre to a youth residential 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 Parole Board and that officer must deliver that person into the custody of the officer in charge of the youth residential centre.
(4) A member of the police force may, if requested to do so by the Secretary, assist the officer referred to in sub-section (3) 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 Chief Commissioner of Police.
(5) A person transferred from a
youth justice centre to a youth residential centre under sub-section (1)
becomes, on transfer, subject to the jurisdiction of the
Youth Residential Board for the unexpired portion of the term of his or her
sentence and that sentence is to be treated for all purposes as a sentence of
detention in a youth residential centre.
s. 470
(6) Despite section 454, the Youth Residential Board must not release a person who—
(a) has been sentenced to a term of imprisonment; and
(b) has been transferred from prison and is currently detained in a youth residential 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 .
(7) Despite section 454, the Youth Residential Board must not release a person on parole if—
(a) the person has been sentenced to a term 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 .
(8) In determining whether to release a person on parole, the Youth Residential Board may take into account the periods which that person has spent in prison and in a youth justice centre.