(1) Each of the following is a behaviour breach :
(a) contravening a direction by the director-general under this Act;
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).
(b) being in a prohibited area without the director-general's approval;
Note An area may be prohibited under s 147.
(c) smoking;
(d) taking (in any way) alcohol, a prohibited substance or an unauthorised medicine into the young detainee's body;
(e) providing a positive test sample for alcohol or a drug when directed, under this Act, to provide a test sample;
(f) making, possessing, concealing, knowingly consuming or dealing with a prohibited thing, without the director-general's approval;
(g) gambling;
(h) being disrespectful or abusive towards a youth detention officer in a way that undermines the officer's authority;
(i) being disrespectful or abusive towards another person;
(j) intentionally or recklessly engaging in conduct that endangers, or may endanger, the health or safety of the young detainee or anyone else;
(k) fighting;
(l) assaulting someone else;
(m) theft;
(n) possessing stolen property;
(o) possessing or dealing in things without the director-general's approval;
(p) intentionally or recklessly damaging or destroying property belonging to someone else;
(q) interfering with property belonging to someone else, without approval by the owner of the property;
(r) creating or participating in a disturbance, or other activity, likely to endanger security or good order at a detention place;
(s) contravening a condition of a leave permit under section 241 or an interstate leave permit under section 242;
(t) doing anything for the purpose of escaping, or assisting a young detainee to escape, from detention;
(u) offering, giving or taking a bribe;
(v) planning, conspiring or attempting, or assisting anyone else planning, conspiring or attempting, to commit a behaviour breach;
(w) threatening to do anything mentioned in paragraphs (j), (k), (l), (p) or (r);
(x) anything else prescribed by regulation.
Example—director-general direction—par (a)
contravening a direction by the director-general to submit to a search under this Act
(2) In this section:
"medicine"—see the Medicines, Poisons and Therapeutic Goods Act 2008
"prohibited substance"—see the Medicines, Poisons and Therapeutic Goods Act 2008
"unauthorised medicine"—a medicine is an "unauthorised medicine "for a young detainee if—
(a) the medicine is not prescribed for the young detainee; or
(b) the director-general has not approved the use of the medicine by the young detainee under section 187.