Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 244A

Person in prison may be transferred to youth residential centre22

244A. Person in prison may be transferred to youth residential centre22





(1) If the Adult Parole Board considers it appropriate in the interests of a
child under the age of 18 years imprisoned in a prison to transfer the child
to a youth residential centre, the Adult Parole Board may direct that the
child be transferred to a youth residential centre.

(2) The Adult Parole Board may only make a direction under sub-section (1) if,
after considering a report from the Secretary, the Board is satisfied that-

   (a)  the child is suitable for detention in a youth residential centre; and

   (b)  a place is available in a youth residential centre.

(3) The Secretary to the Department of Justice must cause the physical removal
of a child from a prison to a youth residential centre on the direction of the
Adult Parole Board under sub-section (1).

(4) A child directed to be transferred under sub-section (1), while being
removed from a prison to a youth residential centre, is deemed to be in the
legal custody of the officer having the custody of the child and acting under
the direction of the Adult Parole Board and that officer must deliver the
child into the custody of the officer in charge of the
youth residential centre.

(5) A member of the police force may, if requested to do so by the Secretary
to the Department of Justice, assist the officer referred to in sub-section
(4) in the discharge of his or her duties under that sub-section and, in that
case, the child being transferred is deemed to be in the legal custody of the
Chief Commissioner of Police.

(5A) Sub-section (4) does not apply if the officer transferring a child under
this section is an escort officer within the meaning of the
Corrections Act 1986 and the child being transferred is deemed under that Act
to be in the legal custody of the Secretary to the Department of Justice.

(6) A child transferred from a prison 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.

(7) Despite section 227, 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.

(8) Despite section 227, 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.

(9) 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.