28Transfer of older detainees from detention centres to correctional centres

#### 28 Transfer of older detainees from detention centres to correctional centres 28 Transfer of older detainees from detention centres to correctional centres > > (1) The Secretary may, by order in writing made with the consent of the Commissioner of Corrective Services, direct the transfer of an older detainee from a detention centre to a correctional centre. > > > (1A) An order may be made under subsection (1) regardless of whether or where the detainee is currently in custody. > > > (2) In the case of a detainee who is under the age of 18 years, an order may not be made under subsection (1) unless— > > > > > (a) he or she is a person on remand or a person subject to control by reason of an order in force under section 10, or > > > > > (b) he or she is a person on remand in relation to a serious children’s indictable offence within the meaning of the [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055), or > > > > > (c) he or she is a person subject to control by reason of an order in force under section 19 of the [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055), or > > > > > (d) the Secretary is satisfied that the detainee’s behaviour is or has been such as warrants the making of such an order. > > > (2A) In the case of a detainee who is of or above the age of 18 years, but under the age of 21 years, an order may not be made under subsection (1) unless— > > > > > (a) the Children’s Court makes an order authorising the making of such an order, or > > > > > (b) the detainee has been detained in a detention centre for at least 6 months and the Secretary has assessed that, having regard to all of the circumstances, it would be preferable for the detainee to be detained in a correctional centre, or > > > > > (c) the detainee is, or has previously been, detained as an inmate in a correctional centre (other than a juvenile correctional centre) for a period of, or periods totalling, more than 4 weeks, or > > > > > (d) the detainee applies to the Secretary in writing for the detainee’s transfer to a correctional centre, or > > > > > (e) one or more of the circumstances referred to in subsection (2) applies in relation to the detainee. > > > (2B) An order under subsection (1) with respect to a detainee who is under the age of 18 years may only be made for the purpose of transferring the detainee to a juvenile correctional centre. > > > (2C) The limitations on the making of an order under subsection (1) that are specified in subsection (2) do not apply to a detainee in respect of whom an order under subsection (1) has previously been made in relation to a current period of detention. > > > (2D) The limitations on the making of an order under subsection (1) that are specified in subsection (2A) do not apply to a detainee in respect of whom an order under subsection (1) has previously been made, whether in relation to a current period of detention or an earlier period of detention. > > > (3) When a detainee is transferred from a detention centre to a correctional centre pursuant to an order under this section— > > > > > (a) he or she ceases to be a detainee and becomes an inmate, and > > > > > (b) in the case of a detainee who, having been a person subject to control, becomes an inmate within the meaning of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093), the period for which he or she was required, under this Act, to be detained in a detention centre when the order was made is taken to be the unexpired portion of a sentence of imprisonment to which he or she is subject. > > **s 28:** Am 1992 No 34, Sch 1; 1999 No 94, Sch 4.5 \[6\] \[8\]. Subst 2004 No 103, Sch 2 \[8\]. Am 2006 No 41, Sch 1 \[12\]–\[15\]; 2008 No 55, Sch 1 \[8\]–\[11\]; 2020 No 26, Sch 1.2\[4\] \[5\].