59GTransport of persons in transit state

59G Transport of persons in transit state (1) A police officer may transport a person in a transit state for a reason specified in subsection (2) if the transport of the person, whether by that police officer or another police officer, began in Victoria. See subsection (3). (2) For the purposes of subsection (1), the specified reasons are the following— (a) to transit through the transit state to a destination in Victoria, if the police officer transporting the person considers that transiting through the transit state provides a safer or more direct route to the destination than other routes; (b) to obtain medical care for the person, if the police officer transporting the person considers that— (i) the person requires the medical care; and (ii) it is necessary or convenient to obtain the medical care in the transit state; (c) to exercise any of the following functions of the police officer— (i) a function under Part 5.2 or 5.3 of the **Mental Health and Wellbeing Act 2022**; (ii) in the case of a police officer who is a protective intervener within the meaning of section 3(1) of the **Children, Youth and Families Act 2005**, to place a person referred to in paragraph (b) of the definition of ***child*** in section 3(1) of that Act into emergency care in a transit state in accordance with that Act; (iii) if the person is a child aged 10 or 11, to place the person into the care of— (A) a suitable person under section 69(1) of the **Youth Justice Act 2024** in a transit state; or (B) if the person is unable to be placed into the care of a suitable person, an appropriate health or welfare agency under section 69(3) of that Act in a transit state; (iv) if the person is subject to a non-custodial supervision order under the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** and has been apprehended by a police officer in Victoria, to take the person to an appropriate place within the meaning of that Act in a transit state; (v) any other prescribed function; (d) to return the person to Victoria from the transit state if an action or function referred to in paragraph (b) or (c)— (i) has been completed or exercised; or (ii) is unable to be continued or completed. (3) Without limiting subsection (1), the transport of a person under that subsection is taken to begin in Victoria and continue without suspension or interruption, if the physical transport is suspended or interrupted— (a) because the person is receiving medical care; or (b) by the transfer by one police officer of the custody, care or control of the person to another police officer; or (c) for any other reason, provided the person remains in police custody, care or control during that suspension or interruption; or (d) in the prescribed circumstances (if any). (4) If a person is being transported under subsection (1), a police officer may exercise a function referred to in subsection (2)(b) or (c) in relation to that person. (5) For the purposes of this section, any function, obligation, responsibility and immunity under any Act or the common law which apply to a police officer on duty in Victoria apply to a police officer— (a) who is— (i) transporting a person under subsection (1); or (ii) exercising a function under subsection (2)(b) or (c); or (b) who is directing, supervising, accompanying or otherwise assisting another police officer who is— (i) transporting a person under subsection (1); or (ii) exercising a function under subsection (2)(b) or (c). If the transport of a person began in Victoria under Part 5.3 of the **Mental Health and Wellbeing Act 2022**, a police officer may use bodily restraint on the person under section 250 of that Act for the purposes of transporting the person under subsection (1) or exercising a function under subsection (4). (6) In subsection (5), a reference to any Act includes (but is not limited to) the following— (a) the **Victoria Police Act 2013**; (b) the **Crimes Act 1958**; (c) the **Youth Justice Act 2024**; (d) the **Mental Health and Wellbeing Act 2022**; (e) the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**; (f) the **Children, Youth and Families Act 2005**; (g) the **Disability Act 2006**; (h) the **Charter of Human Rights and Responsibilities Act 2006**; (i) any other prescribed Act. (7) This section does not apply in the prescribed circumstances. Pt 4 Div. 4 (Heading) amended by No. 2/2024 s. 43. Division 4—Chief Commissioner's instructions, code of conduct and determinations