New South Wales Consolidated Regulations

CHILDREN (DETENTION CENTRES) REGULATION 2015 - REG 3

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.