Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 490

Bringing of person before court or inquest

    (1)     If a court or proper officer of a court, or a coroner holding an inquest under the Coroners Act 1985 or the coroner's clerk requires by an order in the prescribed form that a person in a remand centre, youth residential centre or youth justice centre be brought before the court or inquest—

        (a)     the person may be brought before, or be brought to another place specified in the order where facilities exist to enable the person (by audio or audio visual link within the meaning of Part IIA of the Evidence Act 1958 ) to appear before, the court or inquest as often as is necessary for the person to be dealt with according to law or to give evidence, without a writ of habeas corpus or other writ or an order for that purpose; and

        (b)     the person must then be returned to the custody from which the person was brought.

    (2)     A person being removed from a remand centre, youth residential centre or youth justice centre under this section is, during the time of removal, deemed to be in the legal custody of the member of the police force, protective services officer or other officer having the custody of that person.

    (3)     No proceeding, either criminal or civil, may be maintained by a person against any member of the police force or against any other person on account of the removal.



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