New South Wales Consolidated Regulations

CHILDREN (DETENTION CENTRES) REGULATION 2015 - REG 65

65 Use of force

(1) A juvenile justice officer must not use force against any person in a detention centre except for the following purposes--

(a) to prevent a detainee from injuring himself or herself,

(b) to protect the officer or other persons from attack or harm,

(c) to prevent a detainee from inflicting serious damage to property,

(d) to prevent a detainee from escaping,

(e) to prevent a person from entering a detention centre by force,

(f) to search a detainee in circumstances in which the detainee refuses to submit to being searched,

Note : All searches of a detainee must be conducted in accordance with clause 11A.

(g) to seize any dangerous or harmful article or substance that is in the possession of a detainee,

(h) to prevent or quell a riot or other disturbance,

(i) to protect a dog being used to assist in the detection of prohibited goods in a detention centre from attack or harm,

(j) to allow a medical practitioner to carry out medical treatment on a detainee in accordance with section 27 of the Act.

(2) Despite subclause (1), a juvenile justice officer may use force in order to move a detainee who refuses to move from one location to another in accordance with an order of that officer, but only if the officer first gives a warning to the detainee of the consequences of failing to comply with the order.

(3) In dealing with a detainee, a juvenile justice officer must use no more force than is reasonably necessary in the circumstances, and the infliction of injury on the detainee is to be avoided if at all possible.