Youth Justice Administration Act 2016

A resident of a training centre may only be detained in a safe room if an employee of the centre believes on reasonable grounds that—

the resident is about to harm himself or herself or another person; or

the resident is about to cause significant damage to property; or

it is necessary to detain the resident in a safe room—

to maintain order in the centre; or

to preserve the security of the centre.

Despite subsection (1), a resident of a training centre who is under the age of 12 years must not be detained in a safe room.

If a resident is detained in a safe room, the manager of the training centre must be informed of the detention, and the reasons for the detention, as soon as reasonably practicable.

A resident of a training centre may only be detained in a safe room for so long as is necessary in the circumstances but, in any event—

if the resident is aged between 12 and 14 years—for no longer than 24 hours; and

if the resident is aged 15 years or over—for no longer than

The following provisions apply in relation to a resident of a training centre who is being detained in a safe room:

the resident must be closely supervised;

the resident must be observed at intervals of not longer than 5 minutes;

the observations must be recorded in writing and kept together with the record required to be made under subsection (6).

If a resident of a training centre is detained in a safe room, the manager of the centre must ensure that—

a record is made containing the following details:

the name and age of the resident;

the date and time the detention began;

the date and time the detention ended;

the reason for the detention;

the name of the employee of the centre who ordered the detention;

action taken (if any) in respect of the resident before the resident was so detained;

the management plan established for the resident for the period during which the resident was detained in the safe room;

any issues or concerns relating to the resident's medical or psychological condition; and

the resident is examined as soon as practicable by an appropriate health professional for the purpose of assessing the resident's health or mental health condition and needs; and

if the resident belongs to a cultural or linguistic minority—a cultural advisor is informed of the detention; and

an action plan is prepared to manage the resident in the period immediately following the resident's release from the safe room.

An account of an incident leading to the detention of a resident in a safe room must be—

written, signed and dated by the resident; or

if the resident cannot write—

written on the instructions of the resident, and signed and dated, by a person nominated for the purpose by the resident; and

signed by the resident, (and such account must be kept together with the record required to be made under subsection (6)).

If the resident refuses to cooperate in the preparation of the account, a written record of the refusal must be must be made and kept together with the record required to be made under subsection (6).

A resident may nominate any of the following persons for the purposes of subsection (7)(b):

the resident's case manager or case worker;

a lawyer;

the

the

a cultural advisor;

a parent, guardian or carer of the resident, (but any such person nominated may not be an employee of the training centre nor have been present during the relevant incident that led to the resident being detained in the safe room).