Youth Justice Regulation 2016

A child detained in a detention centre must comply with a reasonable instruction given to the child by a detention centre employee for maintaining the security or good order of the centre or ensuring the safety of a child in the centre.

If a child detained in a detention centre does not comply with an instruction mentioned in subsection (1), or otherwise misbehaves, the chief executive may discipline the child.

The chief executive must ensure the misbehaviour is disciplined in a way that—

respects the child’s dignity; and

has regard to—

the nature of the misbehaviour; and

the reason, if any, given by the child for the misbehaviour; and

the child’s age and maturity; and

the child’s cultural background or beliefs; and

any trauma experienced by the child that the chief executive knows about and believes may have contributed to the misbehaviour; and

any vulnerability of the child that the chief executive knows about.

The chief executive must not use, as a way of disciplining the child—

corporal punishment; or

physical contact; or

an act that involves humiliation, physical abuse, emotional abuse or sustained verbal abuse; or

deprivation of sleep, food or visitors; or

withholding letters or other mail sent to or from the child; or

withholding access to a telephone or other means of communication; or

exclusion from cultural, educational or vocational programs; or

medication or deprivation of medication.

A detention centre employee may use reasonable force to protect a child, or other persons or property in the centre, from the consequences of a child’s misbehaviour if—

the employee has successfully completed physical intervention training approved by the chief executive; and

the employee reasonably believes the child, person or property can not be protected in another way.

If a detention centre employee uses force as mentioned in subsection (5) the chief executive must ensure a record is made of the use of the force.