Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 276F

276F Persons over 18 years and 6 months should not serve period of detention at detention centre

(1) This Act is subject to the overriding principle that it is in the best interests of the welfare of all detainees at a detention centre that persons who are 18 years and 6 months or older are not detained at the centre.

(2) To give effect to the principle—

(a) a person who is 18 years and 6 months or older must not—

(i) enter a detention centre to begin serving a period of detention; or

(ii) return to a detention centre to continue or complete a period of detention, including, for example, returning because of a contravention of a conditional release order or supervised release order; and

(b) an application for a temporary delay of a transfer is of no effect if the applicant is 18 years and 6 months or older; and

(c) an application for a temporary delay of a transfer lapses when the applicant turns 18 years and 6 months; and

(d) a temporary delay of a transfer under section 276D is of no effect to the extent it delays the transfer of a person for any period after the person turns 18 years and 6 months.

(3) If the application of subsection (2) (a) prevents a person from being detained at a detention centre, the person must instead be held at a corrective services facility.

(4) For holding the person at a corrective services facility—

(a) the person is liable to serve a term of imprisonment equal to the period of detention the person remains liable to serve when the person would otherwise enter or return to a detention centre; and

(b) the person is taken to be a prisoner subject to the Corrective Services Act 2006 ; and

(c) any rights, liberties or immunities of the person as a detainee are not preserved, transferred or otherwise applicable for the person as a prisoner; and

(d) the day the person would otherwise have been released under section 227 , for the period of detention, is the day the person is to be released on parole under the Corrective Services Act 2006 .

(5) However, the release is subject to the Corrective Services Act 2006 as if granted under a court ordered parole order (the
"statutory parole order" ) and the provisions of that Act applying to parole orders also apply to the statutory parole order.

(6) This section applies despite anything else in this Act.

(7) In this section—

"application for a temporary delay of a transfer" means an application made under section 276D (1) or 276DA(1) .