South Australian Numbered Acts

YOUTH JUSTICE ADMINISTRATION ACT 2016 (NO 6 OF 2016) - SECT 23

23—Initial assessment on admission

        (1)         The Chief Executive must, as soon as practicable after the initial admission of a youth to a training centre, ensure that—

            (a)         the youth is given a copy of—

                  (i)         the rules of the centre that apply to residents of the centre; and

                  (ii)         the Charter of Rights for Youths Detained in Training Centres ; and

            (b)         the youth—

                  (i)         is given a written and verbal explanation of the rules of the centre in a language that the youth is able to understand; and

                  (ii)         is made aware of the consequences that may follow from any breach of or non-compliance with the rules; and

            (c)         subject to subsection (2)

—a guardian, relative or carer of the youth is notified that the youth has been admitted to the centre.

        (2)         The following provisions apply for the purposes of subsection (1)(c)

:

            (a)         the person to be notified must be—

                  (i)         a guardian, relative or carer of the youth nominated by the youth for the purpose; or

                  (ii)         if that is not practicable or appropriate—a guardian, relative or carer of the youth who appears to have or be assuming responsibility for the care of the youth; or

                  (iii)         if that is not practicable or appropriate—any other guardian, relative or carer of the youth whom it is practicable and appropriate to notify;

            (b)         the Chief Executive is not required to notify a person whose whereabouts are not known to or readily ascertainable by the Chief Executive;

            (c)         it is not appropriate for the Chief Executive to notify a particular person if the Chief Executive has reason to believe that it would be contrary to the youth's best interests to do so.

        (3)         The Chief Executive must, as soon as practicable after the initial admission to a training centre of a youth, cause the youth to be screened for the purposes of assessing the youth's particular needs and circumstances.

        (4)         The Chief Executive must, as soon as practicable after the youth has been screened under subsection (3)

, cause the youth to be assessed at least once in each prescribed period while resident in the centre.

        (5)         In carrying out an assessment under subsection (4)

, the Chief Executive must—

            (a)         endeavour to ensure that the youth and a guardian, relative or carer of the youth participate in the assessment; and

            (b)         have regard to—

                  (i)         the age, gender, gender identity, sexuality or sexual identity of the youth; and

                  (ii)         the cultural identity, developmental and cognitive capacity, ability or disability, and any special needs, of the youth; and

                  (iii)         the social, medical, psychological and educational background and history of the youth; and

                  (iv)         the needs of the youth in respect of—

                        (A)         education or training; and

                        (B)         medical, psychological or psychiatric treatment; and

                  (v)         the aptitude or suitability of the youth for any particular form of education, vocational training or work; and

                  (vi)         the nature of the offence, or offences, in respect of which the youth is detained and the length of sentence; and

                  (vii)         the behaviour of the youth while in the training centre; and

                  (viii)         the question of maintaining the youth's family and community connections; and

                  (ix)         any responsibilities the youth has as a carer; and

                  (x)         where relevant, any proposed plans in respect of the release of the youth and his or her social rehabilitation; and

                  (xi)         any representations made by the youth and any other relevant person (including a guardian, relative or carer of the youth); and

                  (xii)         such other matters as the Chief Executive thinks relevant.

        (6)         After the first assessment of a resident of a training centre has been completed, the Chief Executive must prepare a case plan for the youth and may, after any subsequent assessment, add to or vary that plan.

        (7)         A case plan for a youth prepared, added to or varied under subsection (6)

must include particulars of each of the following:

            (a)         proposals for the education or training of the youth;

            (b)         proposals for medical, psychological or psychiatric treatment of the youth;

            (c)         proposals for the rehabilitation of the youth;

            (d)         proposals relating to the youth's release into, and support in, the community.

        (8)         In subsection (4)

—

"prescribed period" means—

            (a)         the period prescribed by the regulations for the purposes of this definition; or

            (b)         if no period is prescribed—a period not exceeding 3 months.

Division 4—Custody of residents of training centres