Australian Capital Territory Numbered Acts

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 120

(1)     The chief executive may, in writing, direct under this section that a person be transferred from an institution to another institution if—

        (a)     the person was committed to the first institution by order under paragraph 96 (1) (l) (whether or not the order mentioned that particular institution); or

        (b)     the person had previously been transferred to the first institution under this Chapter.

(2)     On the application of a transferee or a person responsible for a transferee, or if the chief executive has parental responsibility for the transferee, the chief executive may make a transfer direction if—

        (a)     the chief executive reasonably believes that the transfer is appropriate, having regard to all the circumstances, including—

              (i)     the place or intended place of residence of anyone with parental responsibility for the transferee or kin of the transferee; and

              (ii)     the present and future education, training or employment of the transferee; and

              (iii)     the medical needs of the transferee; and

              (iv)     the safety, health and welfare of the transferee; and

        (b)     except where the transferee applies for the transfer—

              (i)     the transferee consents to the transfer; or

              (ii)     the chief executive decides that the particular circumstances of the case indicate that the transfer should be directed without the transferee's consent.

(3)     For the purpose of deciding whether or not to make a transfer direction, the chief executive may request necessary information from—

        (a)     the transferee; or

        (b)     a person responsible for the transferee.

(4)     The chief executive may refuse to make a transfer direction if information sought under this section is not supplied within the time stated by the chief executive.

(5)     The chief executive may make a transfer direction other than under subsection (2) if he or she reasonably believes that the behaviour of the transferee in the institution from which he or she is to be transferred places at risk the safety, health or welfare of other people detained in the institution, or of the staff of the institution.

(6)     A transfer direction is sufficient authority for an officer, a custodial escort or police officer to take the person to the institution to which he or she is to be transferred.

(7)     In this section—