Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A youth detention policy or operating procedure may make provision, consistent with this section, in relation to the placement and separation of young detainees, including separation for—
(a) use of facilities; and
(b) participation in education or other activities.
(2) In placing a young detainee, the director-general must ensure that—
(a) young remandees are segregated from other young detainees; and
(b) male young detainees are segregated from female young detainees; and
(c) a young detainee who is under 18 years old is not placed with an adult.
(3) Subsection (2) does not apply if the director-general believes on reasonable grounds that another placement will be in the best interests of all affected detainees.
(4) When deciding where to place a young detainee, the director-general must consider the following:
(a) the needs and special requirements of the young detainee because of the young detainee's age, sex, emotional or psychological state, physical health, cultural background, vulnerability or any other relevant matter;
(b) if it is proposed that a young detainee be isolated in detention, whether the isolation is in the best interests of the young detainee;
(c) the desirability of the care provided to a young detainee being suited to the particular needs of the young detainee in order to protect the young detainee's physical and emotional wellbeing;
(d) that it is in the best interests of young detainees to be separated from co-offenders.
(5) When deciding
where to place a young detainee, the director-general may also consider any
security classification given to the young detainee under section 163.
Note to pt 6.5
Anything expressed in this part to be an entitlement for ch 8 (Criminal matters—discipline at detention places) is not affected by anything that happens under that chapter.