New South Wales Consolidated Acts

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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 246

Separation of children and young persons from offenders

246 Separation of children and young persons from offenders

(1) A child or young person who is in the care responsibility of the Secretary or in the parental responsibility of the Minister under this Act must not be accommodated in:
(a) premises for the accommodation of persons who have committed offences, or
(b) premises for the accommodation of persons who are on remand awaiting proceedings in respect of offences alleged to have been committed by them.
Note : This provision does not prevent a child or young person who has committed an offence from being accommodated in a residential facility (as distinct from a juvenile justice facility or an adult facility).
(2) Subsection (1) does not apply in respect of a child or young person who:
(a) is on remand, or
(b) is subject to an order under section 33 (1) (g) of the Children (Criminal Proceedings) Act 1987 .
(3) If a child or young person in the care responsibility of the Secretary or in the parental responsibility of the Minister under this Act is detained by the police on a warrant issued for his or her arrest, the child or young person cannot be held in a detention centre (within the meaning of the Children (Detention Centres) Act 1987 ) pending his or her appearance in court.



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