Victorian Current Acts Victorian Current Acts(1) The Secretary, the Commissioner for Youth Justice, the Youth Parole Board, a youth justice custodial officer or other entity or person should take into account each guiding custodial principle to the fullest extent possible, to the extent each principle is relevant in the circumstances when—
(a) exercising any power under this Act in respect of a child or young person held in custody in a youth justice custodial centre; or
(b) performing any function under this Act in respect of a child or young person held in custody in a youth justice custodial centre; or
(c) engaging with a child or young person held in custody in a youth justice custodial centre.
Example
A medical practitioner visiting a child or young person in a professional capacity.
Notes
1 See sections 13AS and 13WA of the Terrorism (Community Protection) Act 2003 for the provisions of this Chapter which apply in respect of the detention of a child in a youth justice custodial centre under Parts 2AA and 2A of that Act.
2 However, in the event of any inconsistency between the provisions of this Chapter 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 .
3 In the event of any inconsistency between the provisions of this Chapter and the provisions of Part 2A of the Terrorism (Community Protection) Act 2003 , a preventative detention order under that Act, or an order for the child's detention under a corresponding preventative detention law (within the meaning of that Act), the relevant provisions of the Terrorism (Community Protection) Act 2003 or the terms of either order (as the case requires) prevail—see section 13WA of the Terrorism (Community Protection) Act 2003 .
(2) Subsection (1) does not apply to—
(a) a parent or legal representative of a child or young person held in custody in a youth justice custodial centre; or
(b) any child or young person held in custody in a youth justice custodial centre; or
(c) any other person who engages with a child or young person held in custody in a youth justice custodial centre in a personal or private capacity.
Example
A community or religious representative or an Aboriginal Elder visiting a child or young person, at the request or invitation of the child or young person, to provide emotional support or spiritual guidance.