QLDIn ForceAct
Youth Justice Act 1992
sec.276CPersons who turn 18 years while held on remand or serving period of detention
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### sec.276C Persons who turn 18 years while held on remand or serving period of detention
If a person turns 18 years while being held on remand or serving a period of detention in a detention centre, the person must be transferred to a corrective services facility to be held on remand or to serve the remaining period of detention as a term of imprisonment.
The transfer under subsection (1) must be made—
if a direction about the person is given under section 276D and the chief executive revokes the direction—within 30 days after the direction is revoked; or
otherwise—within 30 days after the day the person turns 18 years.
A failure to comply with subsection (2) does not affect—
the requirement to transfer the person under subsection (1) ; or
the validity of a transfer under subsection (1) .
The chief executive must, as soon as practicable after becoming aware that a person is likely to be transferred under this section, give the chief executive (corrective services) a notice stating the following—
the person’s name;
the day the transfer is likely to occur;
if the person is serving a period of detention—
the period of detention the person remains liable to serve when the notice is given; and
the day on which the person is required to be released from detention under section 227 .
The chief executive must, as soon as practicable after the day of the transfer is known, give the chief executive (corrective services) a notice stating the following—
the person’s name;
the day of the transfer;
if the person is serving a period of detention—
the period of detention the person remains liable to serve after the day of the transfer; and
the day on which the person is required to be released from detention under section 227 .
s 276C ins 2009 No. 34 s 39
sub 2014 No. 9 s 20 ; 2016 No. 39 s 30
amd 2023 No. 3 s 31
sub 2024 No. 45 s 126 ; 2024 No. 54 s 33
(sec.276C-ssec.1) If a person turns 18 years while being held on remand or serving a period of detention in a detention centre, the person must be transferred to a corrective services facility to be held on remand or to serve the remaining period of detention as a term of imprisonment.
(sec.276C-ssec.2) The transfer under subsection (1) must be made— if a direction about the person is given under section 276D and the chief executive revokes the direction—within 30 days after the direction is revoked; or otherwise—within 30 days after the day the person turns 18 years.
(sec.276C-ssec.3) A failure to comply with subsection (2) does not affect— the requirement to transfer the person under subsection (1) ; or the validity of a transfer under subsection (1) .
(sec.276C-ssec.4) The chief executive must, as soon as practicable after becoming aware that a person is likely to be transferred under this section, give the chief executive (corrective services) a notice stating the following— the person’s name; the day the transfer is likely to occur; if the person is serving a period of detention— the period of detention the person remains liable to serve when the notice is given; and the day on which the person is required to be released from detention under section 227 .
(sec.276C-ssec.5) The chief executive must, as soon as practicable after the day of the transfer is known, give the chief executive (corrective services) a notice stating the following— the person’s name; the day of the transfer; if the person is serving a period of detention— the period of detention the person remains liable to serve after the day of the transfer; and the day on which the person is required to be released from detention under section 227 .
- (a) if a direction about the person is given under section 276D and the chief executive revokes the direction—within 30 days after the direction is revoked; or
- (b) otherwise—within 30 days after the day the person turns 18 years.
- (a) the requirement to transfer the person under subsection (1) ; or
- (b) the validity of a transfer under subsection (1) .
- (a) the person’s name;
- (b) the day the transfer is likely to occur;
- (c) if the person is serving a period of detention— (i) the period of detention the person remains liable to serve when the notice is given; and (ii) the day on which the person is required to be released from detention under section 227 .
- (i) the period of detention the person remains liable to serve when the notice is given; and
- (ii) the day on which the person is required to be released from detention under section 227 .
- (i) the period of detention the person remains liable to serve when the notice is given; and
- (ii) the day on which the person is required to be released from detention under section 227 .
- (a) the person’s name;
- (b) the day of the transfer;
- (c) if the person is serving a period of detention— (i) the period of detention the person remains liable to serve after the day of the transfer; and (ii) the day on which the person is required to be released from detention under section 227 .
- (i) the period of detention the person remains liable to serve after the day of the transfer; and
- (ii) the day on which the person is required to be released from detention under section 227 .
- (i) the period of detention the person remains liable to serve after the day of the transfer; and
- (ii) the day on which the person is required to be released from detention under section 227 .