Northern Territory Numbered Acts

YOUTH JUSTICE LEGISLATION AMENDMENT ACT 2018 (NO 12 OF 2018) - SECT 5

After section 9

insert

Division 3     Use of force generally

10     Use of force generally

    (1)     If this Act permits a person to use force on a youth, the person may only use force if:

    (a)     all other practicable measures to resolve the situation have been attempted and those measures have failed to resolve the situation; and

    (b)     the person using the force:

        (i)     gives a clear warning of the intended use of force; and

        (ii)     allows a reasonable amount of time for the youth to observe the warning; and

        (iii)     uses no more force than is necessary and reasonable in the circumstances, having regard to the age, gender, physical and mental health, and background of the youth in relation to whom the force is to be used; and

        (iv)     holds a current qualification in physical intervention techniques on youths.

    (2)     Subsections (1)(a), (b)(i) and (ii) do not apply if the force is used in an emergency situation.