Queensland Consolidated Acts

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YOUTH JUSTICE ACT 1992 - SECT 276C

Transfer of particular detainees to corrective services facility

276C Transfer of particular detainees to corrective services facility

(1) As soon as practicable after the chief executive becomes aware a person is liable to be transferred to a corrective services facility under section 276B , the chief executive must give a written direction (a
"prison transfer direction" ) to the chief executive (corrective services) stating—
(a) that the person is to be transferred to a corrective services facility on a stated day (the
"transfer day" ); and
(b) the period of detention the person remains liable to serve at the transfer day.
(2) The transfer day must not be earlier than the day the person becomes liable to be transferred to the corrective services facility.
(3) Within 28 days after giving the prison transfer direction to the chief executive (corrective services), and at least 15 business days before the transfer day, the chief executive must—
(a) give the person a copy of the direction; and
(b) inform the person that, from the transfer day, the person will be held at a corrective services facility and be subject to the Corrective Services Act 2006 ; and
(c) inform the person of his or her right under this subdivision to apply for a delay of the transfer; and
(d) inform the person of the interventionist, rehabilitation or similar activities that will be available for the person if they are transferred; and
(e) inform the person of any information of which the chief executive is aware that is relevant to the chief executive being satisfied of the matters mentioned in section 276DA (4) (b) and (c) .
(4) As soon as practicable after the chief executive acts under subsection (3) , the chief executive must facilitate a consultation between the person and a lawyer.
(5) The chief executive may issue another prison transfer direction in relation to the person if the chief executive considers—
(a) the circumstances relevant to the person previously obtaining a delay no longer exist; or
(b) the person poses a risk to the safety or wellbeing of a detainee at the detention centre at which the person is detained.
(6) Failure to comply with subsection (1) does not invalidate a prison transfer direction.



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