Part 103—Legal custody and management and operation of youth justice custodial centres

Part 10.3—Legal custody and management and operation of youth justice custodial centres

Division 1—Responsibility for youth justice custodial centres and legal custody

460 Responsibility of Secretary in relation to youth justice custodial centres and legal custody of children and young persons

(1) The Secretary is responsible for the safety and wellbeing of—

(a) all children and young persons held in custody in youth justice custodial centres; and

(b) all persons who work in or are present at youth justice custodial centres from time to time.

(2) Subject to this Act—

(a) the Secretary has legal custody of all children and young persons held in custody in youth justice custodial centres; and

(b) a child or young person who is held in custody in a youth justice custodial centre is in the legal custody of the Secretary while so held.

(3) A child who is detained in a youth justice custodial centre under Part 2AA of the Terrorism (Community Protection) Act 2003 under section 13AR of that Act pursuant to a police detention decision within the meaning of that Act, or under an order referred to in section 13WA(5) of that Act, ceases to be in the legal custody of the Secretary—

(a) during any time when the child is in the legal custody of the Chief Commissioner of Police under section 6D of the Corrections Act 1986; or

(b) when the Secretary acting under lawful direction or authority, or in accordance with an Act, releases the child from the legal custody of the Secretary.