Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 252

Form of care, custody or treatment

252. Form of care, custody or treatment





(1) The Secretary must-

   (a)  determine the form of care, custody or treatment which he or she
        considers to be in the best interests of each person detained in a
        remand centre, youth residential centre or youth training centre; and

   (b)  not detain in a community service or secure welfare service a person
        who is on remand or is serving a period of detention and is not
        released on parole; and

   (c)  separate persons who are on remand from those who are serving a period
        of detention by accommodating them separately in some part set aside
        for the purpose unless-

   (i)  the Secretary considers it appropriate not to separate them, having
        regard to the best interests, rights and entitlements of the persons
        on remand; and

   (ii) the persons on remand consent; and



   (d)  separate persons held on remand who are under the age of 15 years from
        those held on remand who are of or above the age of 15 years unless
        exceptional circumstances exist.

(2) Persons detained in remand centres, youth residential centres or
youth training centres-

   (a)  are entitled to have their developmental needs catered for;

   (b)  subject to section 270, are entitled to receive visits from parents,
        relatives, legal practitioners, persons acting on behalf of
        legal practitioners and other persons;

   (c)  are entitled to have reasonable efforts made to meet their medical,
        religious and cultural needs including, in the case of Aboriginal
        children, their needs as members of the Aboriginal community;

   (d)  are entitled to receive information on the rules of the centre in
        which they are detained that affect them and on their rights and
        responsibilities and those of the officer in charge of the centre and
        the other staff;

   (e)  are entitled to complain to the Secretary or the Ombudsman about the
        standard of care, accommodation or treatment which they are receiving
        in the centre;

   (f)  are entitled to be advised of their entitlements under this
        sub-section.

(3) It is the responsibility of the Secretary to make sure that sub-section
(2) is complied with and he or she must, at least once each year, report to
the Minister on the extent of compliance with sub-section (2).

Division 12-Persons in Detention