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YOUTH JUSTICE ACT 1992 - SECT 301F
When is detention centre adversely affected by disaster
(1) A detention centre is
"adversely affected" by a disaster that has happened, is happening or is
likely to happen if— (a) the disaster, or the impact or likely impact of the
disaster, poses an imminent serious risk to the life, health or safety of
detainees or staff at a detention centre; and
(b) it is necessary to evacuate
all or some of the detainees or staff from the detention centre to protect
their lives, health or safety.
Example of a disaster that is likely to
happen— An area that is not currently flooded is predicted to be flooded in
a number of days because of heavy rains falling in the area and flood waters
flowing downstream to the area.
(2) A detention centre is also
"adversely affected" by a disaster that has happened if— (a) the disaster or
the impact of the disaster— (i) has caused widespread or severe loss of, or
damage to, property at the detention centre; or
(ii) has caused widespread or
severe damage to the environment in the area in which the detention centre is
located; or
(iii) poses a serious risk to the life, health or safety of
detainees or staff at the detention centre; and
(b) because of the loss or
damage, or risk, it is not possible, or likely not to be possible, for the
chief executive to ensure— (i) the security and management of the detention
centre; or
(ii) the safe custody and wellbeing of the detainees at the
detention centre.
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