South Australian Numbered Acts

YOUTH JUSTICE ADMINISTRATION ACT 2016 (NO 6 OF 2016) - SECT 33

33—Use of force against residents

        (1)         An employee of a training centre may only use such force against a resident of the centre as is reasonably necessary in a particular case—

            (a)         to prevent the resident from harming himself or herself or another person; or

            (b)         to prevent the resident from causing significant damage to property; or

            (c)         to maintain order in the centre; or

            (d)         to preserve the security of the centre.

        (2)         If force is used against a resident of a training centre—

            (a)         each employee of the centre involved must ensure that a written report is provided to the manager of the centre containing the following particulars:

                  (i)         the name of the resident;

                  (ii)         the name of each employee involved in or who witnessed the use of force;

                  (iii)         the date, time and location in the centre where the use of force took place;

                  (iv)         the nature of the force used and the purpose for which, or circumstances in which, the force was used; and

            (b)         the manager of the training centre must ensure that the resident is examined as soon as practicable by an appropriate health professional for the purpose of assessing the resident's health or mental health condition and needs.

        (3)         An account of an incident leading to the use of force against a resident must be—

            (a)         written, signed and dated by the resident; or

            (b)         if the resident cannot write—

                  (i)         written on the instructions of the resident, and signed and dated, by a person nominated for the purpose by the resident; and

                  (ii)         signed by the resident,

(and such account must be kept together with the report required to be made under subsection (2)

).

        (4)         A resident may nominate any of the following persons for the purposes of subsection (3)(b)

:

            (a)         the resident's case manager or case worker;

            (b)         a lawyer;

            (c)         the Guardian for Children and Young Persons;

            (d)         a Training Centre Visitor;

            (e)         a cultural advisor;

            (f)         a parent, guardian or carer of the resident;

            (g)         any other person approved by the manager of the training centre,

(but any such person nominated may not be an employee of the training centre nor have been present during the relevant incident that led to the use of force against the resident).

Division 6—Leave of absence under authority of Chief Executive