Youth Justice Act 2005

The superintendent of a detention centre may authorise the separation of a detainee from other detainees in the detention centre if:

a medical practitioner advises the superintendent that:

the detainee is suffering from an infectious disease; and

separation is reasonably necessary to mitigate the risk to the health of other detainees; or

the superintendent believes on reasonable grounds that:

the detainee is suffering from an infectious disease; and

separation is reasonably necessary to mitigate the risk to the health of other detainees.

The superintendent must report the separation of a detainee under this section to the CEO as soon as reasonably practicable after the separation occurs.

A detainee separated under subsection (1)(b) must be examined by a medical practitioner as soon as practicable after the detainee is separated under that provision.

As soon as practicable after a detainee is separated under this section, the detainee must be given an explanation of the detainee's rights during the separation.

If a detainee is separated under this section:

members of the staff of the detention centre must have regular, ongoing contact with the detainee for the purpose of monitoring the physical and mental health and wellbeing of the detainee; and

if it is safe and reasonably practicable to do so, the detainee must be permitted to have contact with the following:

one or more family members;

a medical practitioner;

a counsellor or psychologist;

a case worker;

a legal practitioner;

an adult nominated by the detainee; and

the detainee must be given access to the following:

basic human necessities including toilets, food, clean drinking water, showers and sunlight;

if it is safe to do so, education, education materials and appropriate recreation materials, including reading materials; and

if the period of separation exceeds 3 hours and it is safe to do so – the detainee must be given access to outdoor exercise or recreation for at least 15 minutes of every 3 hours between

A detainee must be released from separation under this section in the following circumstances:

on the direction of a medical practitioner;

if the superintendent no longer believes separation is reasonably necessary.