Youth Justice Act 1992

Subject to this Act, the chief executive is responsible for the security and management of detention centres and the safe custody and wellbeing of children detained in detention centres.

The chief executive may carry out the responsibilities mentioned in subsection (1) by using any convenient form of direction, for example, rules, directions, codes, standards and guidelines relating to—

detention centre organisation; or

functions, conduct and responsibilities of detention centre employees; or

types of programs for children detained in a detention centre; or

contact between children detained in the detention centre and members of the public; or

arrangements for educational, recreational and social activities of children detained in detention centres.

In relation to each detention centre, the chief executive is responsible for—

providing services that promote the health and wellbeing of children detained at the centre; and

promoting the social, cultural and educational development of children detained at the centre; and

maintaining discipline and good order in the centre; and

maintaining the security and management of the centre.

The chief executive must monitor the operation of the detention centres and inspect each detention centre at least once every 3 months.

Also, as far as reasonably practicable, the chief executive must ensure principles 4, 17, 20 and 21 of the youth justice principles are complied with in relation to each child detained in a detention centre.

Subsection (5) does not limit another provision of this Act.

Subsection (8) applies in relation to the chief executive’s consideration of—

the Human Rights Act 2019, section 30(2) in relation to a child detained in a detention centre on remand; and

the segregation of the child mentioned in paragraph (a) from a child detained on sentence.

To remove any doubt, it is declared that the chief executive does not contravene the Human Rights Act 2019, section 58(1) only because the chief executive’s consideration takes into account—

the safety and wellbeing of the child on remand and other detainees; and

the chief executive’s responsibilities and obligations under this section.