41CTransfers to and from juvenile correctional centres

#### 41C Transfers to and from juvenile correctional centres 41C Transfers to and from juvenile correctional centres > > (1) The Commissioner may order that a juvenile inmate be transferred from an adult correctional centre to a juvenile correctional centre for any reason specified in the order. > > > (2) The Minister may order that a juvenile inmate be transferred from a juvenile correctional centre to an adult correctional centre if— > > > > > (a) the Commissioner, in the case of a juvenile inmate who is of or above the age of 18 years, or > > > > > (b) the Review Council, in the case of a juvenile inmate who is under the age of 18 years, > > > > recommends to the Minister that the inmate should be transferred. > > > (3) A recommendation for the transfer of a juvenile inmate from a juvenile correctional centre to an adult correctional centre may not be made unless the Commissioner or Review Council, as the case may be, is satisfied that— > > > > > (a) the inmate wishes to be transferred, or > > > > > (b) the inmate’s behaviour is or has been such that he or she should be transferred, or > > > > > (c) it is in the inmate’s best interests that he or she be transferred, or > > > > > (d) the association of the inmate with other juvenile inmates at the juvenile correctional centre constitutes, or is likely to constitute, a threat to— > > > > > > > (i) the personal safety of any other person, or > > > > > > > (ii) the security of the juvenile correctional centre, or > > > > > > > (iii) good order and discipline within the juvenile correctional centre. > > > (4) Subsection (2) does not limit the operation of section 23 (1) in relation to juvenile inmates who are of or above the age of 18 years. > > > > Note. > > > > Section 23 (2) limits the operation of section 23 (1) in relation to juvenile inmates who are under the age of 18 years. > > > (5) Subsections (2), (3) and (4) do not apply to the transfer of a juvenile inmate to a hospital pursuant to an order by the Commissioner under section 24. > > > (6) Such an order may not be made without prior consultation between the Commissioner and the Chief Executive, Justice Health. > > **s 41C:** Ins 2004 No 103, Sch 3 \[5\]. Am 2006 No 81, Sch 1 \[4\]; 2022 No 1, Sch 1\[3\].