473Removal from one youth justice custodial centre to another centre (transfer warrants)

473 Removal from one youth justice custodial centre to another centre (transfer warrants)

(1) The Secretary or the Commissioner for Youth Justice, by warrant, may cause the removal of a child or young person from a youth justice custodial centre to any other youth justice custodial centre.

(2) On being removed under subsection (1), a child or young person must be kept at the youth justice custodial centre to which the child or young person was sent—

(a) for the remainder of the period of the child's or young person's detention in custody; or

(b) until removed by legal authority.

(3) Subject to subsections (5) and (6), while being removed from or to a youth justice custodial centre, a child or young person is in the legal custody of the youth justice custodial officer having the custody of the child or young person and acting under the transfer warrant.

(4) In due course, the youth justice custodial officer acting under the transfer warrant must deliver or return the child or young person into the custody of the Commissioner for Youth Justice at the youth justice custodial centre in accordance with the terms of the transfer warrant.

(5) If requested to do so by the Secretary or the Commissioner for Youth Justice, a police officer may assist the youth justice custodial officer acting under the transfer warrant and having legal custody of the child or young person in the discharge of that officer's duties under subsections (3) and (4) and, in that case, the child or young person being removed is deemed to be in the legal custody of the police officer.

(6) If a child or young person is removed from or to a youth justice custodial centre by a protective services officer within the meaning of the Victoria Police Act 2013 or a person authorised under section 9A(1B) of the Corrections Act 1986 to carry out transport of a person, the child or young person being removed is deemed to be in the legal custody of the Chief Commissioner of Police.

(7) When making a decision under this section to cause the removal of a child or young person under subsection (1), the Secretary or the Commissioner for Youth Justice, in the Secretary's or Commissioner's complete discretion, may have regard to the following—

(a) the availability and appropriateness of accommodation for the combination of all children and young persons held in custody across all youth justice custodial centres;

(b) the safety, security and stability of any youth justice custodial centre;

(c) the safety, security and needs of any child or young person held in custody at any youth justice custodial centre;

(d) the safety of any person at any youth justice custodial centre;