464Separate accommodation for certain cohorts

464 Separate accommodation for certain cohorts

(1) In determining the form of accommodation for each child and young person held in custody in a youth justice custodial centre, the Commissioner for Youth Justice must exercise that function in accordance with the following presumptions—

(a) that children who are under 18 years of age are to be separately accommodated from children who are 18 years of age or over and young persons who are at the same youth justice custodial centre (the age-based separation presumption);

(b) that children who are on remand are to be separately accommodated from children and young persons who are serving a custodial sentence at the same youth justice custodial centre (the status‑based separation presumption);

(c) that children and young persons who are at the same youth justice custodial centre are to be separately accommodated according to their sex (the sex-based separation presumption).

(2) The presumptions set out in subsection (1)—

(a) apply only to accommodation placement decisions; and

Education, development programs and services are not covered.

(b) are subject to section 465.