564 Power of police to arrest person in youth justice custodial centre
(1) Without limiting Subdivision (30) of Division 1 of Part III of the Crimes Act 1958, a police officer at any time, on the request of the Commissioner for Youth Justice, without a warrant may apprehend and take before a bail justice or the Magistrates' Court to be dealt with according to law, a child who is 18 years of age or over, or a young person who—
(a) is remanded in custody, or serving a sentence of detention, in a youth justice custodial centre; and
(b) is being charged with an offence alleged to have been committed—
(i) in the youth justice custodial centre while remanded in custody or serving the sentence of detention; or
(ii) while in the custody of the Secretary or a youth justice custodial officer.
(2) In making a determination under the Bail Act 1977 in relation to an application by the child or young person, a bail decision maker must take into account (in addition to any other requirements of that Act)—
(a) whether the child or young person has engaged in conduct that threatens the safety of any person in a youth justice custodial centre or the security or stability of a youth justice custodial centre; and
(b) whether the child or young person can reasonably be safely and appropriately accommodated and supported in a youth justice custodial centre.
565 Interstate transfers of young offenders
Schedule 1 sets out provisions relating to the interstate transfer of young offenders within the meaning of that Schedule.
566 Secrecy of security arrangements
(1) A person who holds or has held a specified position must not record, disclose, communicate or make use of confidential information, except to the extent that is reasonably necessary to perform a duty or function of that position, or to exercise a power of that position, under this Act or any other Act.
(2) Subsection (1) does not prevent a person from—
(a) giving evidence or producing a document to a court in the course of a criminal proceeding or a proceeding under this Act, even if the evidence or document contains confidential information; or
(b) disclosing or communicating confidential information in accordance with the written authority of the Minister or the person to whom the information relates; or
(c) disclosing or communicating confidential information to the Ombudsman or the Ombudsman's officers; or
(d) disclosing or communicating confidential information to the Commission for Children and Young People if the disclosure is made to assist the Commission to perform official duties; or
(e) disclosing confidential information that is a photograph to a person who holds a specified position or is a police officer or a member of the police force or service of another State or a Territory, if the disclosure is made to assist the person to perform official duties; or
(f) disclosing to a police officer, member of the police force or service of another State or a Territory or an AFP member (within the meaning of Part 5.3 of the Criminal Code of the Commonwealth) information relating to a child or young person held in custody in a youth justice custodial centre, if the disclosure is made for the purpose of—
(i) implementing or enforcing a preventative detention order (within the meaning of the Terrorism (Community Protection) Act 2003) under which the child or young person is being detained or an order for the child's or young person's detention made under a corresponding preventative detention law within the meaning of that Act; or
(ii) the security or good order of the youth justice custodial centre or the safety or welfare of the child or young person; or
(g) disclosing confidential information to the extent specifically authorised or required by this Act or any other Act.
(3) Nothing in this section prevents the recording or accessing and using of health information in accordance with the Health Records Act 2001.
confidential information means—
(a) information given to the Youth Parole Board that is not disclosed in a decision of the Board or in any reasons given by the Board for a decision of the Board; or
(b) information concerning procedures or plans to be adopted or followed in a youth justice custodial centre in the event of an emergency; or
(c) information concerning the management of, or the operation of security measures in, or in relation to, a youth justice custodial centre; or
(d) information concerning the investigation of a contravention or possible contravention of the law by—
(i) a child or young person held in custody in a youth justice custodial centre; or
(ii) a youth justice custodial officer; or
(e) information contained in a report given to a court or tribunal that is not disclosed in a decision of the court or tribunal or in any reasons given by the court or tribunal for a decision of the court or tribunal; or
(f) information of a business, commercial or financial nature relating to the provision of services within a youth justice custodial centre, if the disclosure of that information may threaten the security, good order or safe operation of the youth justice custodial centre or the safety of any person; or
(g) information, whether written or oral, that is imparted or recorded in the context of an operational and security debrief and pertains to a violent incident or other critical incident that is, or circumstances that are, the subject of the operational and security debrief, including any report, finding or recommendation arising out of the operational and security debrief;
information includes photographs, fingerprints, samples and results of tests;
operational and security debrief means a meeting with youth justice custodial officers following a violent incident or other critical incident in a youth justice custodial centre designed to—
(a) analyse the circumstances leading up to, during and immediately following the incident; and
(b) review the responses of custodial staff to the incident; and
(c) identify critical security risks, issues and system failures; and
(d) improve operational responses to future incidents and systems of work;
specified position means any of the following—
(d) a delegate of the Secretary;
(e) a provider of support services within a youth justice custodial centre or to a child or young person held in custody in a youth justice custodial centre, including a provider of those services on a volunteer basis or under a contract of employment or otherwise;
(f) a person employed as a sheriff, deputy sheriff, sheriff's officer or appointed as a deputised person under Part 2 of the Sheriff Act 2009;
(g) a person appointed by the Minister, the Secretary or an independent body—
(i) to investigate or review a youth justice custodial centre or any aspect of a youth justice custodial centre; or
(ii) to visit a youth justice custodial centre or a child or young person held in custody in a youth justice custodial centre.
Chapter 11—Children and young persons held in police gaols or in custody of transfer officer under transfer authority
Part 11.1—Rights of children in police gaols
567 Rights of children in police gaols
The rights in this Part apply subject to, and in addition to, the rights of a child under—
(a) any other Act (including the Charter of Human Rights and Responsibilities); and
(b) common law.
1 This Part applies in respect of a child held in custody in a police gaol under Part 2AA or 2A of the Terrorism (Community Protection) Act 2003. However, in the event of any inconsistency between this Part 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.
2 In the event of any inconsistency between this Part and the provisions of Part 2A of the Terrorism (Community Protection) Act 2003 or an order for the child's detention under a corresponding preventative detention law (within the meaning of that Act), the relevant provisions of that Act or the order (as the case requires) prevail—see section 13WA of the Terrorism (Community Protection) Act 2003.