Youth Justice Act 2024

The use of force in relation to a child held in custody in a police gaol is prohibited unless—

a police gaol officer believes on reasonable grounds that force is necessary to prevent or respond to an immediate threat of—

the child harming themselves or any other person or damaging property; or

the child escaping or attempting to escape from the police gaol; or

the child engaging in conduct that would threaten the security or good order of the police gaol; and

all other reasonably practicable de-escalation measures have first been attempted.

The use of force in relation to a child or young person who is in the custody of a transfer officer under a transfer authority is prohibited unless—

the transfer officer believes on reasonable grounds that force is necessary—

to prevent or respond to an immediate threat of the child or young person harming themselves or any other person or damaging property; or

to prevent or respond to an immediate threat of the child escaping or attempting to escape from the custody of the transfer officer; or

to effect the safe and secure transport or transfer of the child or young person, in accordance with the relevant transfer authority; and

all other reasonably practicable de-escalation measures have first been attempted.

Subject to section 575, the use of force in relation to a child held in custody in a police gaol or a child or young person who is in the custody of a transfer officer under a transfer authority is not prohibited if it is otherwise authorised by or under this Act or any other Act, or at common law.