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JUSTICE LEGISLATION AMENDMENT (PROTECTIVE SERVICES OFFICERS AND OTHER MATTERS) ACT 2017 (NO. 45 OF 2017) - SECT 59

New section 347A inserted—Children, Youth and Families Act 2005

After section 347 of the Children, Youth and Families Act 2005 insert

        " 347A     Child may be temporarily held in police gaol to facilitate transport to and from court and youth justice facilities

    (1)     For the purposes of facilitating the transportation of a child to or from a court or a youth justice facility, a child may be temporarily held or detained in a police gaol for no more than 2 working days.

    (2)     If a child is held or detained in a police gaol under this section, the child—

        (a)     must be kept separate from adults who are detained there;

        (b)     is entitled to be kept separately according to the child's sex;

        (c)     subject to the Corrections Act 1986 and the regulations made under that Act, is entitled to receive visits from parents, relatives, legal practitioners, persons acting on behalf of legal practitioners and other persons;

        (d)     is entitled to have reasonable efforts made to meet the child's medical, religious and cultural needs including, in the case of an Aboriginal child, the child's needs as a member of the Aboriginal community;

        (e)     is entitled to complain to the Chief Commissioner of Police or the Ombudsman about the standard of care, accommodation or treatment which the child is receiving in the police gaol;

        (f)     is entitled to be advised of the child's entitlements under this subsection.

    (3)     It is the responsibility of the Chief Commissioner of Police to make sure that subsection (2) is complied with.".



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