Circumstances in which segregation of residents of training centres allowed
7 Circumstances in which segregation of residents of training centres allowed
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.
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