Use of restraint devices
155 Use of restraint devices
The Regulations may prescribe a device that may be used to restrain a detainee.
The superintendent of a detention centre or a person authorised by the superintendent may appropriately use a permitted restraint on a detainee if the superintendent or authorised person believes on reasonable grounds that restraint is necessary to:
prevent a risk of the detainee:
inflicting self-harm; or
harming another person; or
damaging property; or
escaping, or attempting to escape, from lawful detention; or
prevent the detainee from engaging in conduct that would:
endanger the safety of any person who is within the precincts of the detention centre, including the detainee; or
threaten the good order or security of the detention centre; or
conduct a search of a detainee under section 161; or
arrest a detainee under section 167(1); or
take a detainee to a detention centre or another place under section 167A.
The superintendent of a detention centre or a person authorised by the superintendent may also appropriately use a permitted restraint on a detainee when escorting the detainee outside a detention centre.
The superintendent or person authorised by the superintendent may use the force that is reasonably necessary to appropriately use the permitted restraint.
Note for subsection (2B)
See section 10 in relation to the use of force.
In this section:
appropriately use means using a restraint:
in the least restrictive or invasive way reasonable in the circumstances; and
for the amount of time reasonable in the circumstances; and
in accordance with a determination made by the CEO under the
Regulations in relation to the use of permitted restraints.
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