New South Wales Consolidated Regulations
[Index]
[Table]
[Search]
[Search this Regulation]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
CHILDREN (DETENTION CENTRES) REGULATION 2015 - REG 3
Definitions
(1) In this Regulation--
"Aboriginal person" means a person who-- (a) is a member of the Aboriginal
race of Australia, and
(b) identifies as an Aboriginal person, and
(c) is
accepted by the Aboriginal community as an Aboriginal person.
"approved laboratory" means a laboratory accredited by the New South Wales
Ministry of Health and approved for the purposes of this Regulation by the
Secretary.
"approved property" , in relation to a detainee, means-- (a) any of the
detainee's property that has not been surrendered or sent away under
section 17 of the Act, or
(b) any of the detainee's property that has been
lawfully acquired by the detainee since the detainee was admitted into a
detention centre.
"banning order" means an order made under clause 37.
"centre manager" of a detention centre means the person for the time being in
charge of the centre.
"classified person" means-- (a) a person who is a person on remand by virtue
of an order referred to in paragraph (c) of the definition of
"detention order" in section 3 (1) of the Act, or
(b) a person who is a
person subject to control by virtue of an order referred to in paragraph (a)
or (c) of that definition.
"Commonwealth Ombudsman" means the Commonwealth Ombudsman appointed under the
Ombudsman Act 1976 of the Commonwealth.
"control order" means an order referred to in section 33 (1) (g) of the
Children (Criminal Proceedings) Act 1987 .
"dental officer" , in relation to a detention centre, means a registered
dentist who is approved by the Secretary as a dental officer for the detention
centre.
"drug" means-- (a) a prohibited drug or prohibited plant within the meaning of
the Drug Misuse and Trafficking Act 1985 , or
(b) a substance listed in
Schedule 2, 3 or 4 to the Poisons List under the
Poisons and Therapeutic Goods Act 1966 , or
(c) any derivative of a
substance referred to in paragraph (a) or (b), or
(d) any mixture containing
such a substance or derivative.
"exempt body" means any of the following-- (a) the New South Wales Ombudsman,
(b) the Commonwealth Ombudsman,
(c) the Judicial Commission,
(d) the
Australian Crime Commission,
(e) the New South Wales Crime Commission,
(f)
the Independent Commission Against Corruption,
(g) the Anti-Discrimination
Board,
(h) the Civil and Administrative Tribunal,
(i) the Australian Human
Rights Commission,
(j) the Privacy Commissioner,
(k) the Legal Aid
Commission of New South Wales,
(l) the Legal Services Commissioner,
(m) an
Official Visitor,
(n) the Inspector of Custodial Services.
"exempt person" means a member of Parliament, a legal practitioner or a police
officer.
"field officer" means-- (a) a field officer appointed by the Aboriginal Legal
Service, or
(b) a field officer of any other organisation that provides legal
or other assistance to Aboriginal persons or Torres Strait Islanders and that
is approved by the Secretary.
"government analyst" means-- (a) an analyst within the meaning of Schedule 3
to the Road Transport Act 2013 , or
(b) a person employed by the owner or
operator of an approved laboratory as an analyst.
"Justice Health officer" means-- (a) the Chief Executive, Justice Health and
Forensic Mental Health Network, or
(b) a medical officer or other member of
staff of Justice Health and Forensic Mental Health Network authorised by the
Chief Executive, Justice Health and Forensic Mental Health Network, to
exercise the functions of a Justice Health officer for the purposes of this
Regulation.
"legal practitioner" means an Australian legal practitioner within the meaning
of the Legal Profession Uniform Law (NSW) .
"letter" means any letter, card, telegram, electronic mail message, document
or other similar form of written communication, whether or not contained in a
parcel, and includes an envelope containing any of those things.
"medical officer" , in relation to a detention centre, means a registered
medical practitioner who is approved by the Secretary as a medical officer for
the detention centre.
"minister of religion" means-- (a) a minister of religion (within the meaning
of the Marriage Act 1961 of the Commonwealth) who is appointed or authorised
by the diocesan or other authority of a religious denomination to minister to
members of that denomination, or
(b) a person who is appointed or authorised
by a minister of religion referred to in paragraph (a) to minister to members
of that denomination.
"national security interest detainee" means a detainee who is designated as a
national security interest detainee under clause 7A.
"New South Wales Ombudsman" means the Ombudsman appointed under the Ombudsman
Act 1974 .
"Official Visitor" means an Official Visitor appointed under section 8A of the
Act.
"parcel" means any parcel, package or other similar article, and includes any
parcel or package containing any book, newspaper, magazine or other similar
printed material.
"prohibited goods" means-- (a) money, or
(b) anything that, in the opinion of
a centre manager or a juvenile justice officer authorised by a centre manager
to open, inspect and read a letter or parcel sent to or by a detainee, is
likely to prejudice the good order and security of a detention centre, or
(c)
any threatening, offensive, indecent, obscene or abusive written or pictorial
matter, or
(d) any offensive, indecent or obscene article, or
(e) anything
that, in the opinion of a centre manager or a juvenile justice officer
authorised by a centre manager to open, inspect and read a letter or parcel
sent to or by a detainee, is intended to facilitate, incite or be used in
connection with any unlawful activity.
"Secretary" means the Secretary of the Department of Justice.
"the Act" means the Children (Detention Centres) Act 1987 .
"Torres Strait Islander" means a person who-- (a) identifies as a
Torres Strait Islander, and
(b) is accepted by the Torres Strait Islander
community as a Torres Strait Islander.
"visitor" includes any person who visits a detention centre, or who visits a
detainee who is detained in a detention centre, but does not include a
juvenile justice officer while exercising his or her functions as a juvenile
justice officer. Note : The Act and the Interpretation Act 1987 contain
definitions and other provisions that affect the interpretation and
application of this Regulation.
(2) In this Regulation, a reference to a Form
is a reference to a Form set out in Schedule 2.
(3) Notes included in this
Regulation do not form part of this Regulation.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback