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CHILDREN (DETENTION CENTRES) ACT 1987 - SECT 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 Secretary, 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.
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