New South Wales Consolidated Regulations

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CHILDREN (DETENTION CENTRES) REGULATION 2015 - SCHEDULE 1

SCHEDULE 1 – Misbehaviour

(Clauses 73 and 74)

Part 1 - Misbehaviour generally

1 Refusal to work or participate in activities

A detainee must not refuse to perform any duties that he or she is required to perform or to participate in any activities in which he or she is required to participate.

2 Unauthorised telephone calls

A detainee must not make any telephone calls unless authorised to do so by a juvenile justice officer.

3 Lying

A detainee must not make false or misleading statements to the centre manager or any juvenile justice officer.

4 Disobedience

A detainee must not disobey any rules established for the detention centre by the centre manager or any lawful instructions given to the detainee by any member of staff of the detention centre.

5 Stealing

A detainee must not steal any property.

6 Bad language

A detainee must not use abusive, indecent or threatening language when speaking or writing to any other person.

7 Possession of unauthorised articles

A detainee must not have in his or her possession, or give to any other person, any article or thing that is not approved property.

8 Possession of offensive music

(1) A detainee must not have in his or her possession any video or audio recording equipment on which is recorded any material that the centre manager has, by notice given to the detainee or to detainees generally, declared to be offensive material.
(2) This clause applies to all video or audio recording equipment, including equipment whose possession by the detainee is permitted by the centre manager.

9 Tattooing and body piercing

A detainee must not subject himself, herself or anyone else to tattooing or body piercing.

10 Smoking

A detainee must not smoke.

11 Unauthorised use of equipment

A detainee must not set off any fire or other alarm at the detention centre, or use any fire fighting equipment or first aid supplies provided for the detention centre, except in an emergency or when authorised to do so by a juvenile justice officer.

12 Unauthorised entry to prohibited areas

A detainee must not enter or remain in any area to which entry is prohibited to the detainee unless authorised to do so by a juvenile justice officer.

13 Subversive behaviour

A detainee must not, by word or action, attempt to undermine the good order and discipline of the detention centre or encourage other detainees to do so.

14 Harassment

A detainee must not, by word or action, harass or provoke any other person.

15 Positive returns to tests for drugs or alcohol

A detainee is guilty of misbehaviour if he or she returns positive to any test for drugs or alcohol.

16 Refusal to submit to searching

A detainee must not refuse to submit to a search of his or her person or possessions.

17 Fighting

A detainee must not become involved in, or encourage other detainees to become involved in, any fight.

18 Conditions of leave

A detainee who is on leave of absence from a detention centre must not contravene any condition to which that leave is subject.

19 Hindering drug detector dogs

A detainee must not hinder or obstruct any drug detector dog that is being used in the detention centre.

20 Refusal to submit to tests for drugs or alcohol

A detainee must not refuse to submit to any test for the presence of drugs or alcohol.

21 Damage to property

A detainee must not wilfully damage any property.

Part 2 - Serious misbehaviour

22 Mistreatment of animals

A detainee must not mistreat any animal.

23 Insubordination

A detainee must not fail to comply with the reasonable instructions of detention centre staff or the established rules or routines of the detention centre.

24 Inciting misbehaviour

A detainee must not incite other detainees to engage in behaviour which seriously disrupts the good order or discipline of the detention centre.

25 Concealment for purposes of escape

A detainee must not hide, or assist any other detainee to hide, for the purpose of escape.

26 Unauthorised medications

(1) A detainee must not have in his or her possession any medication that is not approved property.
(2) A detainee must not give any medication to any other detainee, whether or not the medication is approved property.

27 Mobile phones, cameras and recording equipment

A detainee must not have in his or her possession--

(a) any mobile phone or part of a mobile phone, mobile phone SIM card, camera or video or audio recording equipment, or
(b) any charger for any such equipment,
unless it is approved property in relation to the detainee.

28 Attempted escapes

A detainee must not make any attempt to escape.

29 Indecency

(1) A detainee must not, by word or action, behave indecently or obscenely in the presence of any other person.
(2) In particular, a detainee must not engage in sexual conduct towards another person in circumstances in which the other person is likely to feel offended, humiliated or intimidated.

30 Manufacture, possession or concealment of weapons

A detainee must not manufacture, conceal, have in his or her possession or give to any other detainee any weapon or other article that is designed to cause injury.

31 Threatening or intimidating behaviour

(1) A detainee must not, by word or action, behave in a threatening or intimidating manner towards any other person.
(2) In particular, a detainee must not threaten to damage or destroy any other person's property.

32 Detaining person against their will

A detainee must not detain any other person against their will.

33 Lighting fires

A detainee must not light any fire.

34 Assault

A detainee must not assault any other person.



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