Youth Justice Administration Regulations 2016

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

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;

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

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.