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Corrections Management Act 2007
34Detainees accommodated away from correctional centre
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34 Detainees accommodated away from correctional centre
(1) This section applies if the director-general believes, on reasonable
grounds, that circumstances exist in relation to a correctional centre
that make it necessary or prudent for a detainee admitted at the centre
to be accommodated temporarily away from the centre.
1 where a correctional centre cannot properly accommodate any more detainees
2 where there is an outbreak of disease or violent behaviour at a correctional
centre
3 where a detainee is being transferred to or from a correctional centre or other
place and needs accommodation in transit
(2) The director-general may declare that this section applies in relation
to the correctional centre for a stated period.
(3) A declaration is a notifiable instrument.
(4) The director-general may direct that, while a declaration is in force in
relation to a correctional centre, a detainee at the centre be detained—
(a) at a police cell in the custody of a police officer; or
(b) at a court cell in the custody of a corrections officer.
(5) The period of detention at a police cell or court cell is not limited by
section 30 or section 33.
(6) To remove any doubt, while detained under this section—
(a) a detainee (other than a young detainee) remains a detainee for
all purposes under this Act; and
(b) a young detainee remains a young detainee for all purposes
under the Children and Young People Act 2008.