Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 223

    (1)     The director-general must make arrangements to ensure, as far as practicable, that the use of force in relation to the management of young detainees is always—

        (a)     a last resort; and

        (b)     in accordance with this division.

Example

adoption of a methodology or protocol for the graduated use of force

    (2)     The director-general must also ensure, as far as practicable, that—

        (a)     youth detention officers do not use force in relation to a young detainee without first considering the following:

              (i)     the young detainee's age, sex, physical and mental health and any history of abuse;

              (ii)     if the proposed force involves any restraint of the young detainee—the physical and developmental capacity of the young detainee; and

        (b)     the use of force in relation to a young detainee is not observed by any other young detainee.

    (3)     However, a youth detention officer need not comply with subsection (2) if, in urgent circumstances, the officer believes on reasonable grounds that doing so would create a risk of injury to the officer, the young detainee or anyone else.

    (4)     The director-general must give notice to a treating doctor or a nurse if force is used in relation to a young detainee, unless the force is a planned use of restraint when the detainee is—

        (a)     outside a detention place; and

        (b)     being escorted somewhere else.

Example—planned use of restraint

using handcuffs on a young offender who has been assessed as being at risk of attempting to escape while being escorted to a dental appointment

    (5)     The director-general must ensure that a young detainee injured by the use of force under this division is examined as soon as practicable by a treating doctor and that appropriate health care is available to the young detainee.

    (6)     Without limiting subsection (5), the director-general must give a young detainee the opportunity to be examined by a treating doctor or a nurse after any use of force in relation to the young detainee.

    (7)     The director-general must make a youth detention policy or operating procedure in relation to the use of force, including provision in relation to the following:

        (a)     the circumstances, and by whom, force may be used;

        (b)     the kinds of force that may be used;

        (c)     the use of restraints.

Note     The power to make a youth detention policy or operating procedure includes power to make different provisions in relation to different matters or different classes of matters, and provisions that apply differently by reference to stated exceptions or factors (see Legislation Act

, s 48).