184Transfer from Territory

184 Transfer from Territory (1) The Minister may make an order to transfer a detainee if satisfied: (a) it is appropriate in the circumstances for a detainee to serve his or her detention in a State; and (b) the corresponding Minister of the relevant State will accept the (2) The circumstances to which the Minister may have regard for subsection (1) include: (a) the place or intended place of residence of responsible adults in respect of, or relatives of, the detainee; and (b) the present and future education and employment of the (c) the medical and other needs of the detainee. (3) In deciding whether to make an order under subsection (1) in relation to a detainee, the Minister may request any of the following to give specified information within the period specified in the request: (a) the detainee; (b) the parents of the detainee or responsible adults in respect of the detainee. (4) The Minister must not make a transfer order in relation to a detainee unless the Minister is satisfied: (a) the detainee has received independent legal advice and consents to the transfer; and (b) there is no appeal pending under Part 7 in relation to the detainee and that the period for lodging an appeal has expired. (5) The Minister may make a transfer order in relation to a detainee without the detainee's consent if: (a) a responsible adult in respect of a detainee requests the Minister to transfer the detainee; and

Youth Justice Act 2005 121 (b) the Minister is satisfied it is in the best interests of the (6) A decision to make, or refuse to make, a transfer order is not subject to appeal or review by a court or tribunal.