436Access to progress report

436 Access to progress report

(1) The author of a progress report must give a copy of the report to—

(b) if the child is under 15 years of age, the child's parent unless the Children's Court considers that disclosure of the report would pose an unacceptable risk to the safety, welfare or wellbeing of the child; and

(c) the legal practitioner representing the child; and

(d) the prosecution; and

(e) the Secretary; and

(f) any other person the Children's Court has ordered is to receive a copy of the report.

(2) The copy of the report must be given at least 3 working days before the return date.

Chapter 10—Youth justice custody

Part 10.1—Guiding custodial principles

437 Taking into account guiding custodial principles

(1) The Secretary, the Commissioner for Youth Justice, the Youth Parole Board, a youth justice custodial officer or other entity or person should take into account each guiding custodial principle to the fullest extent possible, to the extent each principle is relevant in the circumstances when—

(a) exercising any power under this Act in respect of a child or young person held in custody in a youth justice custodial centre; or

(b) performing any function under this Act in respect of a child or young person held in custody in a youth justice custodial centre; or

(c) engaging with a child or young person held in custody in a youth justice custodial centre.

A medical practitioner visiting a child or young person in a professional capacity.

1 See sections 13AS and 13WA of the Terrorism (Community Protection) Act 2003 for the provisions of this Chapter which apply in respect of the detention of a child in a youth justice custodial centre under Parts 2AA and 2A of that Act.

2 However, in the event of any inconsistency between the provisions of this Chapter and the provisions of Part 2AA of the Terrorism (Community Protection) Act 2003, the relevant provisions of that Act prevail—see section 13AS of the Terrorism (Community Protection) Act 2003.

3 In the event of any inconsistency between the provisions of this Chapter and the provisions of Part 2A of the Terrorism (Community Protection) Act 2003, a preventative detention order under that Act, or an order for the child's detention under a corresponding preventative detention law (within the meaning of that Act), the relevant provisions of the Terrorism (Community Protection) Act 2003 or the terms of either order (as the case requires) prevail—see section 13WA of the .