Northern Territory Numbered Acts

YOUTH JUSTICE LEGISLATION AMENDMENT ACT 2018 (NO 12 OF 2018) - SECT 22

Regulations 70 to 73

repeal, insert

72     Separation

    (1)     If a detainee is separated under section 155A of the Act:

    (a)     the detainee must be continuously monitored by closed-circuit television or physical observation by a member of staff; and

    (b)     written observations by a member of staff, including the date, time and name of the member of staff, must be recorded at intervals not exceeding 15 minutes; and

    (c)     the Superintendent must reassess the decision to separate the detainee every 2 hours.

    (2)     The Superintendent must keep a journal recording the following:

    (a)     the date and time a detainee is separated;

    (b)     the name of the detainee;

    (c)     the reason why the detainee was separated;

    (d)     the behavioural and therapeutic measures attempted under section 155A(3)(a) of the Act;

    (e)     the time the on-call person in charge was notified and that person's name;

    (f)     the observations of a member of staff at intervals not exceeding 15 minutes and the name of the member of staff making the observation;

    (g)     notes of all assessments made under subregulation (1)(c);

    (h)     the date and time of exercise periods and ablutions;

        (i)     the name of any visitor to the detainee and the date and time of the visit;

    (j)     details of any approval by the CEO for separation exceeding 12 hours;

    (k)     the date and time the detainee is released from the separation cell.

73     Searches

    (1)     A search of a detainee conducted under section 161 of the Act must be conducted having regard to the detainee's dignity and self-respect.

    (2)     A member of staff may only search a detainee in the presence of another member of staff.

    (3)     A personal search of a detainee:

    (a)     must be conducted by at least 2 members of staff of the same gender as the detainee; and

    (b)     must not be conducted in the sight or presence of:

        (i)     another detainee; or

        (ii)     a person of the opposite gender; or

        (iii)     more people than is necessary.

    (4)     A personal search of a detainee is to be conducted in accordance with the following:

    (a)     the detainee is to remove the clothing from the top half of the detainee's body for inspection, after which the detainee must be permitted to re-dress;

    (b)     after the detainee has re-dressed the detainee is to remove the clothing from the bottom half of the detainee's body for inspection, after which the detainee must be permitted to re-dress.