465Displacement of presumptions

465 Displacement of presumptions

(1) The Commissioner for Youth Justice is not required to apply the age-based separation presumption set out in section 464(1)(a) if satisfied on reasonable grounds that it is appropriate and safe to do so, having regard to—

(a) the individual risks, needs and, to the extent practicable in the circumstances, the best interests of the child who is under 18 years of age; and

(ii) the health, safety and wellbeing of the child and all the children and young persons with whom that child would be accommodated; and

(c) to the fullest extent possible, the views or opinion of the child.

(2) The Commissioner for Youth Justice is not required to apply the status-based separation presumption set out in section 464(1)(b) if satisfied on reasonable grounds that it is appropriate and safe to do so, having regard to—

(a) the individual risks, needs and, to the extent practicable in the circumstances, the best interests of the child on remand; and

(ii) the health, safety and wellbeing of the child on remand and all the children and young persons with whom that child would be accommodated; and

(c) to the fullest extent possible, the views or opinion of the child on remand.

(3) The Commissioner for Youth Justice is not required to apply the sex-based separation presumption set out in section 464(1)(c) in the case of a child or young person whose gender identity is not the same as their sex, if satisfied on reasonable grounds that it is appropriate and safe to do so, having regard to—

(a) the individual risks, needs and, to the extent practicable in the circumstances, the best interests of the child or young person; and

(ii) the health, safety and wellbeing of the child or young person and all the children and young persons with whom that child or young person would be accommodated; and

(c) to the fullest extent possible, the views or opinion of the child or young person.

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