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:

the superintendent believes on reasonable grounds that separation is reasonably necessary for the detainee's protection or the protection of another person or property; and

either:

all reasonable behavioural or therapeutic measures to resolve the situation have been attempted and those measures have failed to resolve the situation; or

an emergency situation exists; and

no other course of action is reasonably practicable.

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

The superintendent must not authorise the separation of a detainee under this section for a period exceeding 12 hours without the CEO's approval and, if the period exceeds 12 hours, the CEO's approval must be given in respect of each successive 12 hour period.

A detainee must not be separated under this section for more than 72 consecutive hours.

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.

A detainee must be examined by a medical practitioner within a reasonable time either before or after separation under this section unless it is not safe to do so.

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 if the superintendent no longer believes separation is reasonably necessary.