Youth Justice Administration Regulations 2016

These regulations may be cited as the

Youth Justice Administration

Regulations 2016.

In these regulations—

Act means the Youth Justice Administration

Act 2016;

liquor means any beverage that, at 20 degrees

Celsius, contains more than 1.15% alcohol by volume and includes any other substance that comprises, constitutes, contains or may be converted into that beverage;

prohibited item—see subregulation (2);

rules means the rules made by the Chief

Executive under section 26 of the Act—

relating to the management of a training centre; or

regulating the conduct of residents of a training centre.

For the purposes of these regulations, if permission for the introduction of any of the following items into a training centre has not been given by the manager of the centre, the item is taken to be a

prohibited item in relation to the centre:

a substance that is—

a prescription drug; or

a controlled drug; or

a controlled plant, under the Controlled Substances

Act 1984;

a syringe or needle;

a device capable of being used for the administration of a controlled drug by means of the drawing of smoke or fumes (resulting from the heating or burning of the drug or substance), including a device known as a bong;

any—

flammable, corrosive or toxic substance that is a dangerous substance under the Dangerous Substances

Act 1979; or

liquor; or

paint; or

oil; or

acid or alkali; or

glue; or

herbicide, fungicide or insecticide;

a pressurised spray canister;

an explosive, explosive device or incendiary device, or any substance or device that can be used in the manufacture of an explosive or incendiary device;

a device designed to fire bullets, shot or other projectiles by means of burning propellant or by means of compressed air or other compressed gas;

a device or instrument designed or commonly used, or that has been or is capable of being adapted or modified, for the purpose of—

inflicting bodily injury or harm on a person or causing a person to fear infliction of bodily injury or harm; or

assisting a resident to escape from a training centre;

a book, diagram, plan or other document, or audio or video recording, or any other material of any kind, that instructs, teaches or otherwise guides a person—

how to make an item referred to in a preceding paragraph;

or

about a method of escaping from a training centre or causing an insurrection, riot or other disturbance at a training centre;

publications, films or computer games classified RC, X 18+ or R 18+ under the Classification (Publications,

Films and Computer Games) Act 1995;

indecent material within the meaning of section 33 of the

Summary Offences

Act 1953;

offensive material within the meaning of section 33 of the

Summary Offences

Act 1953;

a camera or other device capable of capturing or recording images (whether digitally or on film or tape);

a mobile telephone, mobile telephone accessory or other device that may be used to make or receive a telephone call;

a 2‑way radio (also known as a walkie talkie);

a device that includes a modem or other device enabling it to transmit or receive data to or from a network of computers;

an unauthorised data storage device;

a tool;

a wire, rope, cord or twine;

a mirror, glass or ceramic item;

a backpack, handbag or any other bag;

a pram, pusher or bassinette;

an item or substance for grooming, cosmetic or toiletry purposes;

any other item for personal use.

For the purposes of Part 4 Division 7 of the Act, the

Youth Justice Act 2005 of the

Northern Territory is declared to be a law corresponding to that

Division.

For the purposes of the Act, the Aboriginal and Torres Strait

Islander Youth Justice Principle is as follows:

that, in acknowledging the diversity of Aboriginal and Torres

Strait Islander communities, the individual cultural identity of Aboriginal and

Torres Strait Islander youths be recognised and their beliefs and practices be supported, respected and valued;

that Aboriginal and Torres Strait Islander youths will be supported to uphold their cultural responsibilities and have access to, and participation in, cultural ceremonies, funerals and cultural practices, relevant to their individual cultural identity;

that assessment, case planning and decision‑making in respect of an Aboriginal or Torres Strait Islander youth includes consultation with relevant Aboriginal and Torres Strait Islander people or organisations to assist the youth;

that, where it is appropriate to do so, the identified family, significant person and community of an Aboriginal or Torres Strait Islander youth are participants in assessment, case planning and decision‑making for the youth;

that Aboriginal and Torres Strait Islander youths are provided with programs, services and supports that have regard to their age, maturity and individual cultural identity;

that the assessment of appropriate accommodation in a training centre will consider the individual cultural identity of Aboriginal and Torres

Strait Islander youths;

that, where necessary, Aboriginal and Torres Strait Islander youths will be provided with interpreters and, where possible, translated documents;

that the particular health, education and wellbeing needs of

Aboriginal and Torres Strait Islander youths are considered and, where practicable, met;

that officers of the Department actively participate in cultural training and demonstrate culturally respectful engagement;

that the Department actively recruits and supports the retention of

Aboriginal and Torres Strait Islander staff.

For the purposes of section 29(b) of the Act, this regulation prescribes the circumstances in which a resident of a training centre may be isolated from the other residents of the centre by being placed in a locked room (which may be the resident's bedroom) and kept apart from the normal routine of the centre.

Subject to this regulation, a resident of a training centre may be isolated from the other residents of the centre if an employee of the centre believes on reasonable grounds that—

the resident's personal safety is in need of protection from other residents; or

the resident's behaviour presents a threat to the safety of others and all reasonable de‑escalation actions have failed; or

it is otherwise necessary to isolate the resident from other residents—

to maintain order in the centre; or

to preserve the security of the centre; or

to protect the health of other persons.

A resident of a training centre may be isolated from the other residents of the centre by being placed in the resident's bedroom—

on the request of the resident; or

if the resident is ill.

A resident of a training centre isolated from other residents of the centre at the request of the resident under subregulation (3) must be released from isolation at the resident's request.

If a resident of a training centre is isolated from other residents of the centre under subregulation (3)(b), the employee of the centre responsible for isolating the resident must consider whether an assessment of the resident's health should be made by a medical practitioner.

Isolating a resident of a training centre must not—

be used to punish the resident; or

contravene the resident's rights under the Charter of Rights for

Youths Detained in Training Centres; or

limit the ability of the resident to communicate with employees of the centre at any time.

The following provisions apply in relation to a resident of a training centre who is being isolated from the other residents of the centre:

if the resident is isolated from the other residents of the centre for longer than 30 minutes, the manager of the centre must be informed of the isolation, and the reasons for the isolation, as soon as reasonably practicable;

isolation of the resident must not continue—

for longer than is reasonably necessary in the circumstances;

or

for longer than 3 hours unless the manager of the centre approves a longer period;

if the resident is isolated from other residents of the centre for longer than 3 hours in accordance with the approval of the manager of the centre under paragraph (b), the isolation must not continue for longer than 24 hours unless—

the manager of the centre considers that the circumstances are exceptional; and

isolation of the resident for that longer period has been approved by the Chief Executive;

the resident must, if possible, be provided with mental or physical stimulation that does not constitute a threat to the resident's safety;

the resident must be closely supervised;

the resident must be observed at intervals of not longer than

15 minutes;

the observations must be recorded.

The Chief Executive must establish procedures to be followed relating to the isolation of residents of training centres from other residents.

If a resident of a training centre is isolated from the other residents of the centre, 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 period of isolation began;

the date and time the period of isolation ended;

the reason for the isolation;

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

action taken (if any) in respect of the resident before the resident was so isolated.

For the purposes of section 29(b) of the Act, this regulation sets out the circumstances in which a resident of a training centre may be segregated from the other residents of the centre by being placed on an individualised regime separate from the normal routine of the centre that allows the resident only restricted contact with the other residents.

Subject to this regulation, a resident of a training centre may only be segregated from other residents of the centre if an employee of the centre believes on reasonable grounds that—

the resident's personal safety is in need of protection from other residents; or

the resident's behaviour presents a threat to the resident's safety or the safety of others and all reasonable de‑escalation actions have failed; or

it is otherwise necessary to segregate the resident from other residents—

to maintain order in the centre; or

to preserve the security of the centre.

Segregating a resident of a training centre must not—

be used to punish the resident; or

contravene the resident's rights under the Charter of Rights for

Youths Detained in Training Centres; or

limit the ability of the resident to communicate with employees of the centre at any time; or

limit the resident's access to regular exercise periods or other stimulation; or

restrict the resident's access to contact with visitors (whether in person or by telephone) beyond what is normally allowed for the resident.

If a resident of a training centre is segregated from the other residents of the centre—

the segregation must not continue for longer than is reasonably necessary in the circumstances; and

the resident must not be prevented from having contact with other residents of the centre for more than 22 hours in any 24 hour period unless such contact would be detrimental to the wellbeing of the resident or other residents; and

the manager of the centre must be informed of the segregation, and the reasons for the segregation, as soon as reasonably practicable;

and

the manager of the centre must ensure that—

a parent, guardian or carer of the resident is informed of the segregation as soon as reasonably practicable; and

if the resident is an Aboriginal or Torres Strait Islander youth—an Aboriginal or Torres Strait Islander person who can provide the resident with cultural support is informed of the segregation as soon as reasonably practicable; and

if the resident is under 12 years of age—the Training Centre

Visitor is informed of the segregation; and

an individualised action plan is prepared to support the resident's return to the normal routine of the centre, including interaction with other residents; and

a record is made containing the following details:

the name and age of the resident;

the date and time the period of segregation began;

the date and time the period of segregation ended;

the reason for the segregation;

the frequency and outcome of any risk assessments conducted in relation to the segregation;

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

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

the resident's contact (if any) during the period of segregation with other residents of the centre; and

as far as reasonably practicable, the resident maintains access to education, health and rehabilitative services in accordance with the case plan prepared for the resident.

The Chief Executive must establish procedures to be followed relating to the segregation of residents of training centres from other residents.

For the purposes of section 29(f) of the Act, this regulation sets out the circumstances in which the free movement of a resident of a training centre may be restricted by the use of a device, instrument or physical object (that is, by means of a mechanical restraint).

Subject to this regulation, the free movement of a resident of a training centre may only be restricted by means of a mechanical restraint if—

the mechanical restraint is of a kind approved by the Chief

Executive for the purpose; and

an employee of the centre believes on reasonable grounds that—

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

or

it is necessary to restrain the resident—

to preserve the security of the centre; or

to prevent the resident from escaping from custody;

or

to preserve community safety.

Restricting the free movement of a resident of a training centre by the use of a mechanical restraint—

may only be used as a last resort following an assessment of the risks associated with using, or not using, a mechanical restraint to restrain the resident's free movement; and

must not—

be used to punish the resident; or

contravene the resident's rights under the Charter of Rights for

Youths Detained in Training Centres.

The Chief Executive must establish procedures to be followed relating to the use of mechanical restraints on residents of training centres.

The following provisions apply to the use of a mechanical restraint on a resident of a training centre:

the use must be reasonable, justified and proportionate in the circumstances;

the mechanical restraint may only be used by an employee of the centre who has been trained in the use of such restraints;

the manager of the centre must be notified of the use of the restraint as soon as reasonably practicable;

the restraint may only be used for as long as is necessary in the circumstances;

the resident must not be left unsupervised and the resident and restraint are to be checked at regular intervals of not more than 15 minutes;

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 the period of time the restraint was used;

the reason for the use of the restraint;

the name of the employee of the centre who ordered the use of the restraint;

the name of the employee of the centre who used the restraint;

the type of restraint used.

For the purposes of section 31 of the Act, a resident of a training centre uses a drug if the resident—

consumes or smokes, or administers to himself or herself, the drug;

or

permits another person to administer the drug to the resident.

A person is an authorised officer for the purposes of this Part if the person is an employee of the Department who has received training in the conduct of drug testing of residents of training centres.

The Chief Executive may establish procedures (which should be consistent with appropriate medical standards or other relevant professional standards) to be followed for the purposes of drug testing residents of training centres under section 31 of the Act.

Without limiting the generality of subregulation (1), the procedures should include—

the directions that can be given to a resident of a training centre for the purpose of conducting an alcotest on the resident to detect the presence of alcohol in the resident's blood, including (for

example)—

a direction to accompany an authorised officer; and

a direction to exhale into the alcotest apparatus;

and

a direction as to the manner and duration of the exhalation;

and

the directions that can be given to a resident of a training centre for the purpose of collecting and authenticating a specimen of the resident's urine for analysis to detect the presence of a drug, including (for

example)—

a direction to accompany an authorised officer; and

a direction as to how to select a urine sample container and how to deal with the container; and

a direction as to the manner of urinating for the purpose of collecting the sample; and

a direction as to how, and how not, to deal with the sample;

and

the procedures to be followed by authorised officers when conducting drug testing, including (for example)—

the advice to be given to a resident of a training centre undergoing drug testing; and

processes to ensure the proper standard of hygiene is maintained during testing; and

how to select a suitable site for carrying out testing;

and

how to avoid inflicting unnecessary humiliation or embarrassment to residents during testing; and

how to deal with a urine sample once it has been collected;

and

the documents and information to be completed by an authorised officer relating to the conduct and results of a drug test; and

any other procedures as may, in the opinion of the Chief Executive, be necessary.

A resident of a training centre required to submit to an alcotest must not refuse or fail to comply with all reasonable directions of an authorised officer in relation to the requirement and, in particular, must not refuse or fail to exhale into the apparatus by which the alcotest is conducted in accordance with the directions of the authorised officer.

A resident of a training centre required to submit to urine testing must not refuse or fail to comply with all reasonable directions of an authorised officer in relation to the requirement and, in particular, must not refuse or fail to supply a sample of urine for testing in accordance with the directions of the authorised officer.

A resident of a training centre who has not, within the period specified in the procedures of being directed to do so, provided a sample of urine in accordance with the direction, will be taken to have failed to comply with the direction.

The Chief Executive may establish procedures (which should be consistent with appropriate medical standards or other relevant professional standards) to be followed relating to the therapeutic use of drugs by residents of training centres and the administration of drugs for such use to the residents.

In this regulation—

therapeutic—the use of a drug is to be regarded as therapeutic if—

the drug is prescribed by, and used in accordance with the directions of, a medical practitioner; or

the drug—

is a drug of a kind available, without prescription, from registered pharmacists; and

is used for a purpose recommended by the manufacturer and in accordance with the manufacturer's instructions.

A resident of a training centre is entitled to at least

2 visits each week.

The manager of a training centre must encourage and facilitate visits to the residents of the centre by relatives, friends and other significant persons, including by directing the type of visit depending on the needs of the particular resident.

[Note: ExampleThe manager of a training centre may direct that a visit by a particular person to a particular resident of the centre is to be a contact or non‑contact visit in a separate or private, or in a public, meeting room.]

The manager of a training centre may authorise a visit or visits to a resident of the centre in circumstances that do not fall within the centre's usual visiting arrangements if the manager is satisfied that—

the resident has a family emergency, such as illness in the family or a bereavement; or

the visitor has travelled a long distance to visit and is unable to visit during scheduled visiting sessions due to financial, work or other difficulties; or

the circumstances are otherwise such as to warrant the visit or visits.

A person may not visit a resident unless the person provides such evidence as the manager of the training centre thinks appropriate as to the person's identity.

The manager of a training centre may—

cause a person to be screened and approved for a visit prior to allowing a visit with a resident of the centre; and

if of the opinion that special reasons exist for doing so, order that a particular person is barred from visiting a resident of the centre for any period the manager thinks fit, or until further order of the manager.

The following provisions apply to a visit to a training centre by a person who visits a resident of the centre for the purpose of rendering professional services to the resident:

the identity and professional status of the visitor must be verified before the visitor is admitted to visit a resident of the centre;

the manager of the centre must provide a suitable meeting room for the visitor to meet with the resident of the centre;

the visit must, if practicable, be conducted in private.

A visit by a person for the purpose of rendering professional services to a resident of a training centre will not be held to be a visit for the purposes of regulation 12(1).