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YOUTH JUSTICE ACT 2024 - SECT 85

Transport power reports

    (1)     The Commission for Children and Young People may prepare a report in relation to the exercise of the transport power or the related powers and duties under Part 3.2 if the Commission—

        (a)     identifies either—

              (i)     a systemic issue that is recurring or persistent in the exercise of the transport power or the related powers and duties; or

              (ii)     a matter relating to the safety or wellbeing of a child or group of children in respect of whom the transport power or the related powers and duties have been exercised; and

        (b)     is of the view that a report on the issue or matter will assist in the improvement of the exercise of the transport power or the related powers and duties.

    (2)     The Commission for Children and Young People must provide a transport power report to the following persons—

        (a)     the Attorney-General;

        (b)     if the report considers a matter that is the responsibility of another Minister, that Minister;

        (c)     the Secretary;

        (d)     the Department Head (within the meaning of the Public Administration Act 2004 ) of another Department that is responsible to a Minister referred to in paragraph (b) in relation to that matter.

    (3)     The Commission for Children and Young People may provide a transport power report to the following persons—

        (a)     the clerk of each House of the Parliament;

        (b)     the Chief Commissioner of Police.

    (4)     If a transport power report provided to the Chief Commissioner of Police under subsection (3)(b) makes a recommendation to the Chief Commissioner of Police, the Chief Commissioner of Police must provide a written response to the Commission for Children and Young People within 45 days of receiving the report.

    (5)     The Commission for Children and Young People must not provide a transport power report to a person under subsection (2) or (3) if—

        (a)     the report includes any comment or opinion that is adverse to any person or entity; and

        (b)     the Commission has not given the person or person in charge of the entity an opportunity to comment on the adverse comment or opinion.



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