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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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