Division 2Division 2 Treatment of detainees
14 Functions of the Director-General
(1) The Director-General shall ensure that adequate arrangements exist:(a) to maintain the physical, psychological and emotional well-being of detainees,(b) to promote the social, cultural and educational development of detainees,(c) to maintain discipline and good order among detainees, and(d) to facilitate the proper control and management of detention centres.(2) In exercising any function under this section in relation to a detainee who is a forensic patient within the meaning of the Mental Health (Forensic Provisions) Act 1990, the Director-General must consult with, and have regard to the recommendations of, the Director-General of the Department of Health.
15 Detainees to be in custody of centre manager
A detainee shall, while detained in a detention centre, be deemed to be in the custody of the centre manager of the detention centre.
(1) The regulations may prescribe different classes of detainee for the purposes of this section.(2) While a regulation referred to in subsection (1) is in force, different classes of detainee shall, so far as is reasonably practicable, be detained separately from other classes of detainee in the same detention centre.(3) For the purpose of ensuring the security, safety and good order of a detention centre, the Director-General may direct that different detainees or groups of detainees be detained separately from other detainees.(4) While a direction referred to in subsection (3) is in force, the detainees or groups of detainees identified in the direction shall, so far as is reasonably practicable, be detained separately from other detainees in the same detention centre.(5) Detainees may be dealt with in accordance with this section despite anything to the contrary in the Anti-Discrimination Act 1977.
(1) Subject to the regulations, the centre manager of a detention centre may require a detainee:(a) to surrender to the centre manager, or(b) to send away from the detention centre,any or all property that is in the possession of the detainee.(2) Subject to the regulations, any property surrendered to the centre manager of a detention centre shall be retained by the centre manager:(a) until the detainee is discharged from the detention centre, in which case it shall be returned to the detainee immediately before the detainee is discharged from the detention centre, or(b) until the detainee is transferred to another detention centre or to a correctional centre, in which case it shall be sent to the centre manager of the other detention centre or the governor of the correctional centre, as the case requires.(3) A record shall be kept of all property surrendered to the centre manager of the detention centre and all property sent away from the detention centre under this section.
17A Detainees not to be supplied with or allowed alcohol, tobacco or adult films
(1) The centre manager of a detention centre shall not supply a detainee with, or authorise the supply to a detainee of, alcohol or tobacco in any form.(2) The centre manager must not allow in a detention centre any film classified RC, X 18+ or R 18+ under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth.(3) Nothing in this section affects the operation of section 14 (a) (arrangements for the well-being of detainees).
18 Work to be performed by detainees
(1) The centre manager of a detention centre may require a detainee to carry out any work or activity that:(a) is reasonable having regard to the detainee’s age and physical and intellectual capacity, and(b) is not hazardous to the detainee’s health or safety, and(c) avoids any conflict with the detainee’s religious beliefs or educational or other training programmes, and(d) meets the requirements of section 4 and section 14 (a) and (b).(2) A detainee who is ordered to carry out any work or activity elsewhere than at the detention centre in which he or she is detained shall, while outside the detention centre, be deemed to be in lawful custody.
19 Segregation of detainees for protection
(1) If the centre manager of a detention centre believes on reasonable grounds that a detainee should be segregated in order to protect the personal safety of that or any other detainee, or of any other person, the centre manager may, whether or not with the consent of the detainee, direct the segregation of the detainee, subject to the following conditions:(a) the nature and duration of the segregation shall be reasonable having regard to the age, mental condition and development of the detainee,(b) the duration of the segregation is to be as short as practicable and, in any case, must not exceed 3 hours except with the approval of the Director-General,(c) the detainee shall be provided with some means of usefully occupying himself or herself,(d) the physical environment of the place where the detainee is kept segregated shall, unless otherwise appropriate, be no less favourable than the physical environment of other places occupied by detainees in the detention centre,(e) the detainee shall be so segregated that at all times he or she is visible to, and can readily communicate with, a juvenile justice officer.(2) A detainee shall not be segregated under this section by way of punishment.(3) The centre manager of the detention centre shall make a record containing such particulars as may be prescribed by the regulations of any segregation effected under this section and shall forward copies of the record to the detainee and to the Director-General within 24 hours of the segregation.(4) A detainee shall not be segregated under this section unless the centre manager of the detention centre is satisfied that there is no practicable alternative means to protect the personal safety of the person or persons for whose protection the detainee is to be segregated.(5) Nothing in this section limits the circumstances in which detainees may be detained separately pursuant to section 16.
(1) A complaint that a detainee is guilty of misbehaviour shall be made to such person, and in such manner, as may be prescribed by the regulations.(2) Subject to subsection (3), a complaint shall be heard and determined in accordance with such procedures as may be prescribed by the regulations.(3) The person by whom a complaint is being heard shall observe the rules of natural justice and, without limiting the generality of those rules, shall ensure that:(a) reasonable notice of the substance of the complaint is given to the person to whom the complaint relates before the hearing commences,(b) reasonable opportunity is given for the making of submissions by or on behalf of the person to whom the complaint relates (including submissions that challenge any allegations made in relation to that person) while the hearing is being conducted, and(c) any submissions made by or on behalf of the person to whom the complaint relates are taken into consideration in any decision made by the person by whom the complaint is being heard.(4) The rules of evidence shall not apply to the hearing of a complaint under this section.(5) If the person by whom a complaint is being heard is satisfied beyond reasonable doubt that the person to whom the complaint relates is guilty of the misbehaviour alleged in the complaint, the person by whom the complaint is being heard may:(a) take no action on the matter, or(b) punish the person to whom the complaint relates.(6) The person by whom a complaint is being heard shall cause a record to be made:(a) of any decision made by that person as to whether or not the person to whom the complaint relates is guilty of the misbehaviour alleged in the complaint,(b) of any decision made by that person under subsection (5) in relation to a person found guilty of misbehaviour, and(c) of any other decision made by that person as a consequence of the hearing.(7) Such a record shall include particulars of the facts on which the decision was based.(8) A copy of the record shall be given to the person to whom the complaint relates within 24 hours after the determination of the complaint.(9), (10) (Repealed)
21 Punishments for misbehaviour
(1) Subject to the regulations, the following punishments may be imposed on a detainee found guilty of misbehaviour:(a) caution,(b) restriction from participation in sport or leisure activities,(c) additional duties for a period not exceeding 7 days, being duties of a constructive nature designed to promote the welfare of detainees,(d) exclusion from, or confinement to, a place for a period not exceeding 12 hours or, in the case of a detainee of or over the age of 16 years, not exceeding 24 hours,(e) in the case of misbehaviour declared by the regulations to be serious misbehaviour—extension, by a period that does not exceed 7 days, of the non-parole period of any detention order, or the term of any detention order without a non-parole period, to which the detainee is subject (other than a detention order whose term is cumulative and that has not commenced).(1A) A detainee may not be restricted from participation in sport or leisure activities for more than 7 days at a time except with the prior approval of the Director-General, whether given generally or in relation to a particular detainee.(2) Punishment of a kind referred to in subsection (1) (d) may only be imposed on a detainee subject to the following conditions:(a) the detainee shall be provided with some means of usefully occupying himself or herself,(b) if the punishment consists of confinement to a place, the physical environment of the place where the detainee is confined shall, unless otherwise appropriate, be no less favourable than the physical environment of other places occupied by detainees in the detention centre,(c) the detainee shall at all times be visible to, and able to communicate readily with, a juvenile justice officer.(3) A punishment must not be imposed on a detainee so as to interfere with a visit to the detainee by:(a) a barrister or solicitor (or such other classes of persons as may be prescribed), or(b) any other person, unless the centre manager is of the opinion that the security, safety or good order of the detention centre would be adversely affected if the visit were permitted.(4) A punishment under subsection (1) (e) may only be imposed, in accordance with this Act and the regulations, by the Children’s Court.(5) A penalty under subsection (1) (e) that extends the non-parole period of a person subject to control reduces by a corresponding period the remaining balance of the term of the detention order.(6) A punishment under subsection (1) (e) may extend a detainee’s period of detention beyond the end of the period of detention imposed by the court or the maximum period of detention which could lawfully be imposed by the court for the offence concerned.
(1) A detainee shall not be punished by being:(a) struck, cuffed, shaken or subjected to any other form of physical violence,(b) dosed with medicine or any other substance,(c) compelled to hold himself or herself in a constrained or fatiguing position,(d) deprived of food or drink,(e) denied the right to read or write letters or to make or receive telephone calls (except during any period of punishment by exclusion or confinement referred to in section 21 (1) (d)),(f) subjected to treatment of a kind that could reasonably be expected to be detrimental to his or her physical, psychological or emotional well-being,(g) subjected to treatment of a kind that is cruel, inhuman or degrading,(h) segregated in contravention of section 19, or(i) subjected to treatment of a kind forbidden by the regulations.(2) A detainee shall not, without reasonable excuse, be handcuffed or forcibly restrained.(3) A person who punishes a detainee, or causes a detainee to be punished, in a manner prohibited by subsection (1) or (2) is guilty of an offence and liable to a penalty not exceeding 10 penalty units or imprisonment for a period not exceeding 12 months, or both.