Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1AA) This section applies in relation to the separation of a detainee from other detainees except in the following circumstances:
(a) when the detainee is securely accommodated in the detainee's room:
(i) overnight; or
(ii) during a reasonable and necessary lockdown period of the detention centre; or
(iii) during an emergency situation;
(b) when the detainee may be separated from other detainees having regard to the age or gender of the detainee;
(c) any other circumstances prescribed by the Regulations.
(1) A detainee must not be separated from other detainees except in accordance with this section.
(2) The superintendent of a detention centre may authorise the separation of a detainee from other detainees if any of the following applies:
(a) the detainee requests the separation and the superintendent is satisfied there is good reason for the separation;
(b) the superintendent believes on reasonable grounds that the detainee is suffering from an infectious disease;
(c) separation is reasonably necessary for the detainee's protection or the protection of another person or property.
(3) Subject to subsection (3A), an authorisation under subsection (2)(c) may be given only if:
(a) all reasonable behavioural or therapeutic measures to resolve the situation have been attempted and those measures have failed to resolve the situation; and
(b) no other course of action is reasonably practicable.
(3A) However, if both of the following apply, the authorisation may only be given if no other course of action is reasonably practicable:
(a) an emergency situation exists;
(b) a detainee is required to be separated other than in the detainee's room as mentioned in subsection (1AA).
(4) The superintendent must report the separation of a detainee under subsection (2)(c) to the CEO and the Children's Commissioner as soon as reasonably practicable after the separation occurs.
(5) The superintendent may not authorise the separation of a detainee under subsection (2)(c) for a period exceeding 12 hours without the CEO's approval and if the period exceeds 12 hours the CEO's approval must be given in respect of each successive 12 hour period.
(6) A detainee may not be separated under subsection (2)(c) for more than 72 consecutive hours.
(7) As soon as practicable after a detainee is separated under this section, the detainee must be given an explanation of the detainee's rights during the separation, including the rights under section 155B.
(8) A detainee must be examined by a medical practitioner within a reasonable time either before or after the separation.