Children (Detention Centres) Regulation 2010 (NSW)
This Regulation is the Children (Detention Centres) Regulation 2010.
This Regulation commences on 1 September 2010 and is required to be published on the NSW legislation website.
This Regulation replaces the Children (Detention Centres) Regulation 2005 which is repealed on 1 September 2010 by section 10 (2) of the Subordinate Legislation Act 1989.
In this Regulation:
(a) is a member of the Aboriginal race of Australia, and
(b) identifies as an Aboriginal person, and
(c) is accepted by the Aboriginal community as an Aboriginal person.
(a) any of the detainee’s property that has not been surrendered or sent away under section 17 of the Act, or
(b) any of the detainee’s property that has been lawfully acquired by the detainee since the detainee was admitted into a detention centre.
(a) a person who is a person on remand by virtue of an order referred to in paragraph (c) of the definition of
detention order in section 3 (1) of the Act, or(b) a person who is a person subject to control by virtue of an order referred to in paragraph (a) or (c) of that definition.
(a) a prohibited drug or prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985, or
(b) a substance listed in Schedule 2, 3 or 4 to the Poisons List under the Poisons and Therapeutic Goods Act 1966, or
(c) any derivative of a substance referred to in paragraph (a) or (b), or
(d) any mixture containing such a substance or derivative.
(a) the New South Wales Ombudsman,
(b) the Commonwealth Ombudsman,
(c) the Judicial Commission,
(d) the Australian Crime Commission,
(e) the New South Wales Crime Commission,
(f) the Independent Commission Against Corruption,
(g) the Anti-Discrimination Board,
(h) the Civil and Administrative Tribunal,
(i) the Australian Human Rights Commission,
(j) the Privacy Commissioner,
(k) the Legal Aid Commission of New South Wales,
(l) the Legal Services Commissioner,
(m) an Official Visitor,
(n) the Inspector of Custodial Services.
(a) a field officer appointed by the Aboriginal Legal Service, or
(b) a field officer of any other organisation that provides legal or other assistance to Aboriginal persons or Torres Strait Islanders and that is approved by the Director-General.
(a) an analyst within the meaning of Schedule 3 to the Road Transport Act 2013, or
(b) a person employed by the owner or operator of an approved laboratory as an analyst.
(a) the Chief Executive, Justice Health, or
(b) a medical officer or other member of staff of Justice Health authorised by the Chief Executive, Justice Health, to exercise the functions of a Justice Health officer for the purposes of this Regulation.
(a) a minister of religion (within the meaning of the Marriage Act 1961 of the Commonwealth) who is appointed or authorised by the diocesan or other authority of a religious denomination to minister to members of that denomination, or
(b) a person who is appointed or authorised by a minister of religion referred to in paragraph (a) to minister to members of that denomination.
(a) identifies as a Torres Strait Islander, and
(b) is accepted by the Torres Strait Islander community as a Torres Strait Islander.
In this Regulation, a reference to a Form is a reference to a Form set out in Schedule 2.
Notes included in this Regulation do not form part of this Regulation.
The general routine for each detention centre is to be as determined by the Director-General.
The Director-General may determine different general routines for different parts of a detention centre.
The centre manager of a detention centre is to ensure that a notice setting out the general routine for the centre:
(a) is written in English, and in such other languages as are determined by the Director-General in relation to the centre, and
(b) is written in a style that, for persons speaking the language in which it is written, is easy to read and understand, and
(c) is exhibited in a conspicuous position where it may be read by persons who are in the detention centre or part of the detention centre to which it relates.
The languages (other than English) in which such a notice is to be written are to be determined with regard to the languages spoken in the communities from which the centre receives, or is likely to receive, detainees.
The Director-General may require the general routine for a detention centre to be published in such other manner as the Director-General thinks fit.
A detainee must not be admitted into a detention centre otherwise than in accordance with the Act.
As soon as practicable after a detainee has been admitted into a detention centre, the centre manager must ensure that the detainee is informed of the following matters:
(a) the general routine for the detention centre,
(b) the detainee’s obligations as to behaviour and conduct,
(c) the detainee’s rights as to legal representation and as to appeal,
(d) the procedures for seeking information and for making complaints in accordance with the complaints guidelines,
(e) the normal days and hours for visiting,
(f) any other matter about which it is necessary for the detainee to be informed so as to enable the detainee to understand the detainee’s rights and obligations and to adapt to living in the centre.
If practicable, a detainee must be informed of the matters by being given a document in which information relating to each of those matters is written.
A detainee who is being admitted to a detention centre must, on being required to do so by the centre manager, produce for inspection all property in the detainee’s possession.
The centre manager may exercise the centre manager’s functions under section 17 of the Act in respect of any property produced for inspection by the detainee.
The centre manager, in relation to any property that is surrendered under section 17 of the Act:
(a) may make the property available for inspection by the police, if of the opinion that it may constitute evidence of an offence, or
(b) may direct that the property be destroyed, if of the opinion that it may constitute a threat to public health.
When a detainee is received into a detention centre to serve a detention period, the centre manager of the detention centre must give to the detainee information in writing concerning the nature and effect of the sentence.
The information must, in every case, include such information as the Minister determines to be the minimum necessary information.
For the purposes of section 16 (1) of the Act, the following classes of detainees are prescribed:
(a) Class A—those detainees who, in the opinion of the Director-General, are potentially dangerous and who should therefore be detained within a secure physical barrier at all times,
(b) Class B—all other detainees.
Each detainee must be supplied with such medical and dental treatment as, in the opinion of a medical officer, dental officer or registered nurse, is necessary to promote and maintain the detainee’s health and well-being.
Each detainee must, as soon as practicable after being admitted to a detention centre, be subjected to an examination by a medical officer or registered nurse for the purpose of determining the detainee’s state of health and the results of the examination must be recorded.
If a medical officer or registered nurse recommends to the centre manager that the employment, diet, exercise or other treatment of a detainee should be varied or modified for reasons of health, the centre manager must carry the recommendation into effect in so far as is reasonably practicable.
If it is not reasonably practicable to carry the recommendation or any part of it into effect, the centre manager must report that fact to the Director-General.
The centre manager may isolate a detainee from other detainees if:
(a) the detainee is suffering from an infectious medical condition, and
(b) there is a risk of other detainees becoming infected with that condition, and
(c) the condition is, in the opinion of a medical officer or a registered nurse, sufficiently serious as to require the detainee’s isolation.
A detainee must be supplied with adequate and wholesome food.
A detainee must be afforded reasonable opportunities to participate in healthy exercise and sporting, recreational and leisure activities.
For the purposes of section 19 (3) of the Act, the following particulars are prescribed in relation to a detainee who is segregated:
(a) the detainee’s name and age,
(b) the date and time that the segregation began and ended,
(c) a description of the place where the detainee was kept segregated,
(d) the means provided to enable the detainee to occupy himself or herself,
(e) the reason for which the detainee was segregated,
(f) the details of any approval given by the Director-General under section 19 (1) (b) of the Act,
(g) the name and official capacity of the person who ordered the segregation.
If, pursuant to an approval referred to in section 19 (1) (b) of the Act, a detainee is segregated for more than 24 hours, the centre manager must ensure that:
(a) notice of that fact is given promptly to the New South Wales Ombudsman, and
(b) the segregation is carried out in accordance with a plan that is subject to monitoring by a psychologist, and
(c) the detainee is visited daily by a Justice Health officer, and
(d) if the psychologist or Justice Health officer advises the centre manager that the detainee appears to be at risk of self-harm, the detainee is checked on by a juvenile justice officer at intervals of no more than 10 minutes.
A centre manager of a detention centre may require all detainees in the centre, or a class of detainees in the centre, to wear uniform clothing and footwear issued to the detainees and not to wear any other clothing.
This clause does not apply to a detainee while attending court in person.
The centre manager may refuse to allow a detainee to use or otherwise have possession of the detainee’s approved property if, in the opinion of the centre manager, the possession of the property by the detainee is a risk to security, safety or good order.
Any approved property in the possession of a detainee:
(a) must be kept by the detainee in a tidy and orderly manner, and
(b) must be used only in a manner approved by the centre manager.
Any approved property of a detainee that, in the opinion of the centre manager, is kept or used in such a manner as to be a risk to security, safety or good order may be retained by the centre manager.
Any medicine surrendered by a detainee at a detention centre may be dealt with as a medical officer directs.
Religious books, recognised objects of religious devotion and similar items belonging to a detainee are taken to be approved property and to have been acquired with the permission of the centre manager.
The property of a detainee transferred from one detention centre to another must be transferred from the custody of the centre manager of the former detention centre to the custody of the centre manager of the new detention centre, together with such inventories and records as may be directed by the Director-General.
A detainee may acquire any books, newspapers, magazines or other printed material approved by the centre manager.
Any book, newspaper, magazine or other printed material in the possession of a detainee which, in the opinion of the centre manager, is likely to adversely affect the security, safety or good order of the detention centre may be disposed of or otherwise dealt with by the centre manager in such manner as is reasonable in the circumstances, taking into account the nature of the material.
A detainee may acquire:
(a) any radio or other item of electronic equipment approved by the centre manager, and
(b) any compact disc or other accessory for any such equipment approved by the centre manager.
Any such item of electronic equipment or accessory in the possession of a detainee which, in the opinion of the centre manager, is likely to adversely affect the security, safety or good order of the detention centre may be disposed of or otherwise dealt with by the centre manager in such manner as is reasonable in the circumstances, taking into account the nature of the item or accessory.
Any property found in the possession of a detainee at any time after the detainee has been admitted to the detention centre is forfeited to the Crown unless:
(a) the property was issued to the person by the centre manager or is the detainee’s approved property, or
(b) the Director-General otherwise directs.
Any property of a detainee that is retained by the centre manager may be disposed of by the centre manager in accordance with a request made by the detainee.
Any food or articles of clothing belonging to a detainee may be destroyed if the centre manager considers it necessary for the maintenance of hygiene.
Before any property is destroyed, the centre manager must, if practicable, cause the detainee to be informed of its proposed destruction and the reason for its destruction.
A record must be kept by the centre manager, in a manner approved by the Director-General, of any property of a detainee or visitor:
(a) surrendered to, or taken and retained by, the centre manager, or
(b) sent away by the centre manager, or
(c) forfeited to the Crown, or
(d) disposed of by the centre manager, or
(e) destroyed by the centre manager, or
(f) transferred by the centre manager to the custody of the centre manager of another detention centre, or
(g) allowed to be retained by the detainee, or
(h) returned to the detainee on discharge.
The Director-General must take all reasonable steps to ensure that each detainee under 17 years of age is provided with education at a level appropriate to the detainee’s aptitude and potential, and must do so whether or not the detainee so requests.
The Director-General must take all reasonable steps to ensure that each detainee of or above the age of 17 years is provided with education or vocational training, or both, at a level appropriate to the detainee’s aptitude, potential and interests.
In the exercise of a function under this clause, the Director-General must give special attention to the needs of detainees who are illiterate or who have a disability.
The Director-General may provide the following programs in detention centres:
(a) vocational and education programs,
(b) psychological and social programs,
(c) recreational programs,
(d) alcohol and other drug rehabilitation programs,
(e) culture-specific programs,
(f) programs to assist detainees to address the offences for which they are detained.
The centre manager of a detention centre is to ensure that an incentive scheme is established and implemented in the centre that will encourage detainees to participate in any programs so provided.
Such an incentive scheme is to comply with any guidelines issued by the Director-General in relation to incentive schemes.
In the exercise of a function under this clause, the Director-General must give special attention to the needs of detainees who have a disability and priority to those detainees who are at greatest risk of re-offending.
(Repealed)
A case plan is to be prepared for each detainee in a detention centre as soon as practicable after the detainee is admitted into the detention centre and is to be periodically reviewed so as to ensure that it remains relevant to the detainee’s circumstances.
The procedure for preparing and adopting a case plan is as set out in this Part.
A detainee’s case plan may deal with any matter relating to the management of the detainee, including:
(a) the provision of services and programs in which the detainee should be encouraged to participate, and
(b) the provision of health care services to the detainee, and
(c) in the case of a detainee who appears to be at risk of self-harm, the preparation of a strategy to minimise the likelihood of self-harm occurring, and
(d) in the case of a detainee who has a disability, the preparation of a strategy to minimise any disadvantage suffered by the detainee on account of the disability, particularly in relation to the detainee’s suitability to engage in education or to carry out work, and
(e) in the case of a detainee who is an Aboriginal person or Torres Strait Islander, the preparation of a strategy to accommodate his or her cultural needs, and
(f) the provision of such pre-release and post-release assistance to the detainee as is relevant to his or her circumstances.
In preparing a detainee’s case plan, regard is to be had to the following matters:
(a) the sentencing court’s comments in relation to the detainee,
(b) any assessment that has been made as to the detainee’s physical or mental health,
(c) the detainee’s history.
On becoming aware that a detainee who is being interviewed for the purposes of this Part may be disadvantaged by linguistic or cultural factors, an interviewer must take all reasonable steps to ensure that the detainee has the assistance of a person who can act as an appropriate interpreter or provide appropriate cultural guidance.
Such a person need not be present at the interview so long as he or she is available to the detainee by telephone or audio visual link during the interview.
If the interviewer makes a report that assesses a detainee for the purposes of this Part, the interviewer:
(a) must take into consideration any linguistic or cultural factors that may disadvantage the detainee, and
(b) must refer in the report to the extent to which, in the interviewer’s opinion, those factors are significant in relation to the assessment.
The Director-General must take all reasonable steps to enable a detainee to participate in the development of his or her case plan.
The normal days and times for visiting for each detention centre are to be as determined by the Director-General.
A detainee may be visited by relatives and friends at least once immediately after admission and, with the permission of the centre manager, at such intervals after that as the Director-General may determine for the centre in which the detainee is detained.
The centre manager:
(a) must have regard to the wishes of any parent or guardian of a detainee who is under 16 years of age in relation to the management of visits to the detainee, and
(b) must, at all times, seek to encourage and facilitate visits to detainees by their relatives and friends.
A detainee may be visited by the detainee’s legal practitioner, or by a clerk authorised in writing by the detainee’s legal practitioner, to discuss or transact legal business (whether civil or criminal) in which the detainee has an interest.
Visits must take place during business hours, but must not otherwise be restricted in duration or number.
The centre manager may, if of the opinion that it is convenient and practicable to do so, permit a visit to take place outside business hours.
A detainee who is a national of a foreign country that has diplomatic or consular representation in Australia or New South Wales may be visited by a diplomatic or consular representative of the foreign country.
A detainee who is a national of a foreign country that does not have diplomatic or consular representation in Australia or New South Wales or who is a refugee or stateless person may be visited:
(a) by a diplomatic or consular representative of a foreign country that assumes responsibility for the detainee’s interests, or
(b) by a representative of a national or international organisation that has as an object the protection of the interests of any such person.
A detainee may at any time be visited by any of the following:
(a) the Official Visitor for the detention centre,
(b) officers of the New South Wales Ombudsman.
A detainee who is an Aboriginal person or Torres Strait Islander may be visited by a field officer.
The centre manager may authorise visits, in addition to other visits authorised by this Division, in any case in which the centre manager considers it appropriate.
Without limiting the generality of subclause (1), the centre manager may authorise additional visits to a detainee if a medical officer has reported to the centre manager that the detainee is ill.
The centre manager may determine the procedure to be observed by detainees and visitors during visits.
A detainee may not be visited by any person unless that person has made arrangements with the centre manager for that purpose.
A visit to a detainee may, with the consent of the Director-General or the centre manager, take place outside the sight and hearing of a juvenile justice officer.
However, a visit to a detainee by a police officer in the course of the police officer’s official duties must take place within the sight and hearing of a juvenile justice officer.
The Director-General may permit a person:
(a) to visit a detention centre, and
(b) to conduct research in the centre, and
(c) to be afforded facilities to interview, talk to and examine any detainee (but only with the detainee’s consent) outside the sight and hearing of a juvenile justice officer.
A visitor must not deliver to or receive from any detainee (whether on the visitor’s own behalf or on behalf of any other person) any article of any kind, except in accordance with this clause.
Maximum penalty: 5 penalty units.
The centre manager, or a juvenile justice officer authorised by the centre manager for that purpose, may permit a visitor to deliver an article to a detainee or a juvenile justice officer at the detention centre for delivery to a detainee.
A person who is:
(a) a legal practitioner or legal practitioner’s clerk, or
(b) a diplomatic or consular representative, or a representative of a national or international organisation, or
(c) a field officer, or
(d) a juvenile justice officer authorised to visit a detainee,
may deliver to the detainee whom the person is authorised to visit any document or other thing that it is necessary to deliver for the purpose of the visit.
A detainee who is of or above the age of 16 years may refuse to receive a visitor.
The centre manager may, despite any other provision of this Division, refuse to permit a visit if, in the opinion of the centre manager, the security, safety or good order of the detention centre, or the health or well-being of a detainee, is likely to be adversely affected if the visit is permitted.
The centre manager may terminate a visit to a detainee and direct the visitor to leave the detention centre if, in the opinion of the centre manager:
(a) the visitor or detainee has, during the visit, contravened the Act, this Regulation, the general routine of the detention centre or the procedure for visits, or
(b) the security, safety or good order of the detention centre, or the health or well-being of a detainee, is likely to be adversely affected if the visit continues.
A visitor must not fail to comply with a direction to leave the detention centre given under this clause.
Maximum penalty: 5 penalty units.
The centre manager must cause a record to be kept of:
(a) each refusal of a visit (whether by the detainee or the centre manager) and each termination of a visit by the centre manager, and
(b) the reasons for the refusal or termination.
A juvenile justice officer may require a visitor to remove any face covering worn by the visitor so as to enable the visitor’s face to be seen by the officer or another juvenile justice officer or person assisting in following the procedures set out in subclause (2).
A juvenile justice officer who requires a visitor to remove a face covering under this clause must, as far as is reasonably practicable, ensure that the following procedures are followed:
(a) the juvenile justice officer must ask for the visitor’s co-operation,
(b) the viewing of the visitor’s face must be conducted:
(i) in a way that provides reasonable privacy for the visitor if the visitor requests privacy, and
(ii) as quickly as is reasonably practicable,
(c) the viewing of the face of a child under 12 years of age may only be conducted if a responsible person for the child is present during the viewing,
(d) if the visitor is 12 years old or older and requests it—the viewing of the visitor’s face is to be conducted by a juvenile justice officer of the same sex as the visitor or, if a juvenile justice officer of that sex is unavailable, by another person of that sex at the direction of a juvenile justice officer,
(e) if the visitor is a child under 12 years old and the responsible person for the child requests it—the viewing of the child’s face is to be conducted by a female juvenile justice officer or, if a female juvenile justice officer is unavailable, by another female person at the direction of a juvenile justice officer.
It is sufficient compliance with a requirement made under this clause if only so much of the face covering as prevents the visitor’s face from being seen is removed.
A juvenile justice officer may not require a visitor to remove a face covering under this clause if the visitor establishes, to the officer’s satisfaction, that the visitor has a special justification for not removing the face covering.
A special justification includes having a legitimate medical reason for not removing the face covering.
A visitor who does not comply with a requirement under this clause may be refused a visit to the detention centre.
In this clause:
A juvenile justice officer may require a visitor:
(a) to submit to an inspection and search of personal possessions, to scanning by means of an electronic scanning device and to being sniffed by a dog, and
(b) to empty the pockets of the visitor’s clothing, and
(c) to make available for inspection and search any vehicle under the visitor’s control that is on the premises of a detention centre.
Except as otherwise provided by this Regulation or as permitted by a juvenile justice officer, a visitor must, while the visit is taking place, leave anything that the visitor has brought into a detention centre in storage facilities provided for the purpose at the centre.
Maximum penalty: 5 penalty units.
A juvenile justice officer may confiscate, for the duration of the visit, anything that a visitor has brought into the detention centre (other than anything left in storage facilities as required by this clause).
Subclause (3) does not limit any other power that a juvenile justice officer may have apart from this clause to seize or detain anything in the possession of a person, such as a power to seize any such thing from a person following the person’s lawful arrest.
This clause does not apply to or in respect of any of the following visitors:
(a) a police officer or correctional officer while acting in his or her official capacity,
(b) an officer of an exempt body,
(c) a diplomatic or consular representative of a foreign country.
A visitor must not take photographs of, or operate video or audio recording equipment at, a detention centre without the prior approval of the centre manager.
Maximum penalty: 20 penalty units.
The centre manager may confiscate any photograph, film, tape or other recording, or delete any digital recording, taken or made by a person in contravention of this clause.
The centre manager may destroy any part of a confiscated photograph, film, tape or recording which the centre manager is satisfied is likely to prejudice the security, safety or good order of a detention centre or place anyone’s personal safety at risk.
Any part of the photograph, film, tape or recording that the centre manager is satisfied is not likely to prejudice the security, safety or good order of a detention centre, or place anyone’s personal safety at risk, may be returned to the person from whom it was taken.
Before returning any photograph, film, tape or recording, the centre manager may charge the person for payment of any costs incurred in processing or developing it.
The Director-General may, by order in writing served on any person, ban that person:
(a) from visiting detention centres generally or from visiting any specified detention centre, or
(b) from visiting detainees generally or from visiting any specified detainee or class of detainees.
The centre manager for a detention centre may, by order in writing served on any person, ban that person:
(a) from visiting the detention centre, or
(b) from visiting detainees generally, or from visiting any specified detainee or class of detainees, in the detention centre.
An order made under this clause is a
A banning order may not be made in relation to a person except on the grounds that:
(a) the person has contravened a provision of the Act or this Regulation while visiting a detention centre or a detainee at a detention centre, or
(b) a visit by the person to a detention centre or a detainee at a detention centre might constitute a risk to the security, safety or good order of the detention centre.
A banning order:
(a) must specify the grounds on which it is made, and
(b) has effect for such period (not exceeding 12 months from the day on which it is made) as is specified in the order, and
(c) must specify that the person in respect of whom the order is made may apply to the Director-General for a review of the decision to make the order.
Despite any other provision of this Part, a detainee may not be visited by any person with respect to whom a banning order has effect in relation to the detention centre in which the detainee is detained.
This clause does not apply to or in respect of any of the following visitors:
(a) a police officer or correctional officer while acting in his or her official capacity,
(b) an officer of an exempt body,
(c) a diplomatic or consular representative of a foreign country.
A person in respect of whom a banning order is made may apply to the Director-General for a review of the decision to make the banning order.
The application is to be in writing and must be made within 28 days after the applicant is notified of the making of the banning order or within such further period as the Director-General may allow.
The review is to be conducted by the Director-General or a person authorised by the Director-General to conduct the review.
Following a review of the decision, the person conducting the review may:
(a) affirm the decision, or
(b) vary the decision, or
(c) set aside the decision.
The person conducting the review must notify the applicant of the result of, and reasons for, the decision as soon as is practicable after making the decision.
Except as otherwise provided by this Division:
(a) any letter or parcel sent to or by a detainee must not be opened, read or inspected otherwise than by the person to whom the letter or parcel is addressed, and
(b) any letter sent to or by a detainee must not be censored.
A detainee may send letters and parcels to, and receive letters and parcels from, persons who are not detainees.
A letter or parcel (other than a letter to or from an exempt body or exempt person) for delivery to or dispatch from a detainee may be opened and inspected by the centre manager or a juvenile justice officer authorised by the centre manager to do so if, in the opinion of the centre manager, the security, safety or good order of the detention centre is likely to be adversely affected by the delivery or dispatch.
The centre manager may take possession of any letter or parcel and its contents and may deal with them in accordance with any directions given specifically or generally by the Director-General if, following opening and inspection, the letter or parcel is found to contain contraband or any item or matter that, in the opinion of the centre manager, is likely to adversely affect the security, safety or good order of the detention centre.
If the centre manager takes possession of a letter or parcel or its contents, the centre manager must ensure that the detainee to whom the letter or parcel is addressed is notified of that fact.
If a detainee delivers to a juvenile justice officer a letter addressed to an exempt body or an exempt person:
(a) the officer must send the letter immediately to the body or person to whom it is addressed, and
(b) the letter must not be opened, inspected or read by anyone except the person or body to whom it has been addressed or by some person authorised by that person or body.
A letter addressed to a detainee from an exempt body must not be opened, inspected or read by anyone except the detainee to whom it is addressed or some person authorised by that detainee.
If an exempt person sends to a detainee a letter in a sealed envelope accompanied by a letter addressed to the centre manager claiming privilege in respect of the letter in the sealed envelope, the sealed envelope and letter must not be opened, inspected or read by anyone except the detainee or some person authorised by the detainee.
However, if the centre manager is of the opinion that the sealed envelope may contain contraband or any item or matter that is likely to adversely affect the security, safety or good order of the detention centre, the centre manager may require the detainee to open the sealed envelope in the centre manager’s presence.
If a sealed envelope so opened is found to contain contraband or any item or matter that, in the opinion of the centre manager, is likely to adversely affect the security, safety or good order of the detention centre, the centre manager may take possession of the envelope and its contents and may deal with them in accordance with any directions given specifically or generally by the Director-General.
A detainee may:
(a) communicate by letter with a detainee who is detained in another detention centre, but only with the authority of the centre managers of both centres, and
(b) communicate by letter with an inmate detained in a correctional centre, but only with the authority of the general manager of the correctional centre and the centre manager of the detention centre.
A detainee may request the centre manager (either directly or through a juvenile justice officer employed at the detention centre) to be allowed telephone contact with:
(a) a juvenile justice officer (wherever employed), or
(b) the detainee’s legal practitioner, or
(c) an exempt body.
A juvenile justice officer who receives such a request:
(a) if he or she has the authority to do so, must facilitate such telephone contact as soon as practicable after receiving the request, or
(b) in any other case, must immediately refer the request to the centre manager.
The centre manager must ensure that procedures are in place that facilitate telephone contact in accordance with this clause on the day the request is made or as soon as practicable after that day.
This clause does not prevent the centre manager from authorising telephone contact with persons or bodies not referred to in this clause.
The Director-General may cause an officer authorised for the purpose to monitor one or more of a detainee’s telephone calls.
The Director-General may determine the procedure for monitoring telephone calls.
The Director-General must ensure that procedures are in place so that both the maker and the recipient of a telephone call that is monitored are informed that the call is being monitored before the call is made or at the start of the call.
The Telecommunications (Interception and Access) Act 1979 of the Commonwealth prohibits the interception of a communication passing over a telecommunications system without the knowledge of the person making the communication.
Communications made during a telephone call between a detainee and any of the following persons or bodies are not to be monitored:
(a) an exempt body,
(b) the detainee’s legal practitioner,
(c)
the Health Care Complaints Commission,
(d) the Mental Health Helpline,
(e) the Oral Health Hotline.
In this clause,
A juvenile justice officer may terminate a detainee’s telephone call if of the opinion that the continuation of the call will prejudice security, safety or good order of any detention centre.
As soon as practicable after terminating a detainee’s telephone call, a juvenile justice officer must cause details of the reason for the termination to be recorded and reported to the centre manager.
A juvenile justice officer who receives a request from a detainee (whether orally or in writing) for permission to speak to the centre manager or another staff member must, as soon as practicable, convey the request to the centre manager or other staff member.
The centre manager or other staff member must give a detainee from whom the centre manager or other staff member receives such a request an opportunity to speak to the centre manager or other staff member on the day on which the request is conveyed or made to the centre manager or other staff member or as soon as practicable after that day.
When giving a detainee an opportunity to speak, the centre manager or other staff member must consider what the detainee has to say and must inform the detainee of any action that the centre manager or other staff member has taken or proposes to take or (if no such action is taken or proposed) of the fact that the centre manager or other staff member does not propose to take any action.
In this Part:
(a) a family member or carer of the detainee or any other person who is significant to the detainee, or
(b) the Official Visitor for the detention centre in which the detainee is detained, or
(c) the New South Wales Ombudsman, or
(d) a support person, or
(e) a legal practitioner, or
(f) a chaplain.
(a) a person who is authorised to visit the detainee under Division 1 of Part 4, or
(b) another detainee at the detention centre, or
(c) a staff member of the detention centre,
being a person who the detainee wishes to have as a support person, and who agrees to be the detainee’s support person.
A complaint concerning the administration or management of a detention centre may be made by any person.
A complaint concerning the treatment of a particular detainee may be made by the detainee or by a representative of the detainee.
A complaint may be addressed, either orally or in writing, to a prescribed person.
A written complaint addressed to a prescribed person may be lodged with that person or with any other prescribed person.
A written complaint addressed to a prescribed person and lodged with another prescribed person is to be immediately referred to the person to whom the complaint is addressed.
If a detainee requests a prescribed person to do so, the prescribed person must ensure that all reasonable steps are taken to provide assistance to the detainee in making a complaint under this Part, including, where necessary, the provision of an interpreter.
Except in such circumstances as may be provided by the complaints guidelines, an envelope purporting to contain a complaint must not be opened or its contents inspected or read by anyone other than the person to whom it is addressed.
For the purposes of this clause only, a complaint addressed to the Director, Court Logistics, Classification and Intelligence is to be treated as a complaint addressed to the centre manager of a detention centre.
In this clause,
(a) the centre manager or any other staff member of a detention centre, and
(b) the Director-General or any other officer of the Department.
A complaint is to be dealt with by the person to whom it is made or addressed or by such other person as the complaints guidelines may permit or require.
The complaints guidelines may permit or require specified classes of complaints to be dealt with by specified persons, or specified classes of persons, instead of by the persons to whom they are addressed.
If a person to whom a complaint is addressed refers the complaint to some other person in accordance with the complaints guidelines, the person to whom the complaint was addressed must inform the complainant of that fact.
The referee for a complaint may conduct a hearing into the matters raised by the complaint.
For the purposes of any such hearing, the referee:
(a) may invite any person to make representations in relation to the complaint, and
(b) if the complaint makes allegations against any other person, must invite the complainant and that other person to make representations in support of, or in reply to, the allegations.
A person who is invited to make representations may decline to do so.
Subject to this Part, the procedures for dealing with a complaint are to be as set out in the complaints guidelines.
This clause applies if a complainant is invited to make representations in relation to a complaint.
The complainant may be accompanied by a support person when making any representations.
If a complainant wishes to nominate a support person but is unable to do so, the referee must nominate a person who, in the referee’s opinion, is appropriate to act as a support person for the detainee.
The detainee may decline to be accompanied by a support person nominated by the referee.
The Director-General is to ensure that all reasonable steps are taken to provide an interpreter when the detainee makes representations in either or both of the following circumstances:
(a) the detainee has difficulty communicating because of an intellectual or physical disability or impairment,
(b) the detainee has difficulty communicating in English.
As soon as practicable after receiving a complaint, the referee must notify the complainant of the following:
(a) the fact that the referee is dealing with the complaint,
(b) how the referee may be contacted about the complaint,
(c) the procedures to be followed by the referee in dealing with the complaint (including whether the complainant will be invited to appear before the referee to make representations in connection with the complaint),
(d) when the complainant can expect a decision on the complaint.
As soon as practicable after making a decision on a complaint, the referee must notify the complainant:
(a) of the decision that has been made, and
(b) of the action (if any) that the complainant can expect to occur as a consequence of the decision.
As far as is practicable, all such information is to be communicated in such a way so as to be readily understood by the complainant.
The complaints guidelines may specify classes of complaint (being complaints of a trivial nature) in respect of which notice under this clause need not be given or may be given orally.
A complainant who is not satisfied with the decision on the complaint may apply to the referee’s supervisor or to the Director-General for a review of that decision.
An application for a review is to be dealt with in accordance with the complaints guidelines.
An application for a review of the decision on a complaint must not be dealt with by the person who dealt with the complaint or by any person who is subordinate to the person who dealt with the complaint.
A complaints register is to be kept:
(a) by the Director-General (in relation to complaints made to the Director-General or to officers of the Department), and
(b) by the centre manager of each detention centre (in relation to complaints made to the centre manager or to staff members of the centre), and
(c) by the Director, Court Logistics, Classification and Intelligence (in relation to complaints made to the Director).
The complaints registers are to be available for inspection by the New South Wales Ombudsman.
The complaints register kept by the centre manager of a detention centre is also to be available for inspection by the Official Visitor for the centre to which the register relates.
The following information is to be recorded in the relevant complaints register in respect of each complaint:
(a) the date on which the complaint was made,
(b) the name of the complainant,
(c) the substance of the complaint,
(d) the name of the referee for the complaint,
(e) brief particulars of the procedures followed by the referee in dealing with the complaint,
(f) the decision that was made on the complaint,
(g) the date on which the complainant was informed of the referee’s decision on the complaint,
(h) if the complaint was not disposed of within 21 days after it was made, the reason why it was not disposed of within that time,
(i) such other information in relation to the complaint as the complaints guidelines require to be recorded in the register.
The complaints guidelines may specify classes of complaint (being complaints of a trivial nature) in respect of which information is not required to be recorded in the relevant complaints register.
The Director-General may issue guidelines as to how complaints, and applications for the review of decisions on complaints, are to be dealt with.
Copies of the complaints guidelines are to be available for inspection by detainees and visitors at each detention centre as well as at offices of the Department.
In this Part:
(a) starting on the commencement of the control order or sentence of imprisonment under which the person is detained (or, if the person is subject to more than one control order or sentence of imprisonment, the first of them), and
(b) ending on the person’s earliest release date.
In deciding whether or not to grant day leave or overnight leave to a person subject to control, the Director-General must have regard to the following matters:
(a) whether the person would be likely to commit any offence if the person were to be granted leave,
(b) whether the granting of leave would be likely to create a risk to public safety,
(c) whether the person’s conduct while detained in a detention centre indicates that the person would observe any conditions to which leave would be subject,
(d) whether the person would be likely to interfere with, or attempt to interfere with, a witness in any proceedings,
(e) any previous history of escape or absconding of the person from lawful custody,
(f) the kind of supervision to which the person would be likely to be subject while on leave,
(g) whether the granting of leave would be likely to bring the person into contact with any victim of the offence in relation to which the person is detained,
(h) any other matter that is, in the opinion of the Director-General, relevant to the decision.
A person subject to control may be granted day leave only if:
(a) in the case of a person who is being detained for a serious children’s indictable offence and who is serving a detention period of more than 2 years—there is 12 months or less left until the person’s earliest release date, or
(b) in the case of a classified person who is being detained for an indictable offence (not being a person to whom paragraph (a) applies)—the person has served at least one third of the person’s detention period, or
(c) in the case of any other person subject to control—the person has served at least one quarter of the person’s detention period.
Despite subclause (1), the Director-General may grant day leave to a person subject to control at any time if the Director-General is satisfied that exceptional circumstances justify the grant of day leave.
The granting of day leave to persons on remand is dealt with in section 23 (2) of the Act.
A person subject to control may be granted overnight leave only if:
(a) in the case of a person who is being detained for a serious children’s indictable offence and who is serving a detention period of more than 2 years—there is 6 months or less left until the person’s earliest release date, or
(b) in the case of a classified person who is being detained for an indictable offence (not being a person to whom paragraph (a) applies)—the person has served at least two thirds of the person’s detention period, or
(c) in the case of any other person subject to control—the person has served at least one half of the person’s detention period.
Despite subclause (1), the Director-General may grant overnight leave to a person subject to control at any time if the Director-General is satisfied that exceptional circumstances justify the grant of overnight leave.
The granting of overnight leave to persons on remand is dealt with in section 23 (2) of the Act.
In this Division:
Juvenile justice officers must seek to influence detainees through example and leadership and must seek to enlist their willing co-operation.
At all times, the treatment of detainees must be such as to encourage their self-respect and sense of personal responsibility.
A juvenile justice officer is not to engage in behaviour toward a detainee:
(a) that is intimidating, humiliating, demeaning, threatening or oppressive, or
(b) that otherwise constitutes an abuse of the officer’s authority.
A juvenile justice officer may use a dog to assist in the detection of drugs in a detention centre.
A juvenile justice officer must not use force against any person in a detention centre except for the following purposes:
(a) to prevent a detainee from injuring himself or herself,
(b) to protect the officer or other persons from attack or harm,
(c) to prevent a detainee from inflicting serious damage to property,
(d) to prevent a detainee from escaping,
(e) to prevent a person from entering a detention centre by force,
(f) to search a detainee in circumstances in which the detainee refuses to submit to being searched,
(g) to seize any dangerous or harmful article or substance that is in the possession of a detainee,
(h) to prevent or quell a riot or other disturbance,
(i) to protect a dog being used to assist in the detection of drugs in a detention centre from attack or harm.
A juvenile justice officer may also use force in order to move a detainee who refuses to move from one location to another in accordance with an order of that officer, but only if the officer first gives a warning to the detainee of the consequences of failing to comply with the order.
In dealing with a detainee, a juvenile justice officer must use no more force than is reasonably necessary in the circumstances, and the infliction of injury on the detainee is to be avoided if at all possible.
As soon as practicable after force is used by a juvenile justice officer against a person, a report must be furnished to the centre manager by each officer involved in the use of force.
The report:
(a) must be in writing, and
(b) must specify the name of each person who has been subjected to force and the name of each officer who was involved in the use of force, and
(c) must specify the location where the use of force occurred, and
(d) must describe the nature of the force used and the purpose for which, or the circumstances in which, force was used, and
(e) must be signed by each officer involved in the use of force.
On forming a suspicion that a detainee has recently consumed or is under the influence of alcohol or any other intoxicating substance, a juvenile justice officer or other person having supervision of the detainee may require the detainee to undergo a breath test.
In any proceedings for misbehaviour that are being dealt with by the centre manager, being proceedings in which it is alleged that a detainee has consumed alcohol or any other intoxicating substance, a certificate signed by a juvenile justice officer to the effect that:
(a) a detainee named in the certificate submitted to a breath test, and
(b) the breath test was given on the day and completed at the time stated in the certificate, and
(c) there was a measurable quantity of alcohol or any other intoxicating substance present in the detainee’s breath or blood, as determined by the breath test, on the date and at the time stated in the certificate,
is admissible in evidence of the facts so certified.
In any such proceedings, evidence of:
(a) the condition of the device by means of which the breath test was carried out, or
(b) the manner in which the breath test was carried out,
is not required unless evidence that the device was not in proper condition or that the test was not properly carried out has been adduced.
On forming a suspicion that a detainee:
(a) has been administered (whether by himself or herself or otherwise) with a drug, or
(b) is under the influence of a drug,
a juvenile justice officer may require the detainee to supply a sample of urine for testing and give directions as to how the sample is to be supplied.
The directions may require the detainee to comply with directions given by a juvenile justice officer as to how the sample is to be supplied.
A urine test must be carried out by a government analyst.
In any proceedings for misbehaviour that are being dealt with by the centre manager, being proceedings in which it is alleged that a urine sample was required under this clause, a certificate signed by a juvenile justice officer to the effect that such a requirement was made for a specific detainee, or for all detainees of a specified class, is admissible in evidence of the facts so certified.
A juvenile justice officer may require a detainee to supply for testing a sample of urine and give directions as to how the sample is to be supplied.
The directions may require the detainee to comply with directions given by a juvenile justice officer as to how the sample is to be supplied.
A urine test must be carried out by a government analyst.
A sample may be required under this clause and tested for the presence of a drug even though the detainee concerned may not be reasonably suspected of having administered a drug to himself or herself or of being under the influence of a drug.
In any proceedings for misbehaviour that are being dealt with by the centre manager, being proceedings in which it is alleged that a detainee has been under the influence of a drug or that a drug has been present in the detainee’s urine, a certificate signed by a juvenile justice officer to the effect that:
(a) the juvenile justice officer received a sample of urine obtained in a specified manner, or
(b) the juvenile justice officer arranged for the sample to be submitted for analysis by a government analyst to determine the presence of any drugs in the detainee’s body or urine, or
(c) the container was sealed, and marked or labelled, in a specified manner,
is admissible in evidence of the facts so certified.
In any such proceedings, a certificate signed by a government analyst to the effect that, on a specified day:
(a) the analyst received for analysis a container holding a sample of urine, or
(b) the container, when received, was sealed with an unbroken seal, and was marked or labelled in a specified manner, or
(c) the analyst carried out an analysis of the sample to determine the presence of drugs in the urine, or
(d) the analyst determined that a specified drug was present or was present to a specified extent in the urine, or
(e) the analyst was, at the time of the analysis, a government analyst,
is admissible in evidence of the facts so certified.
In any such proceedings:
(a) evidence that a government analyst received a container holding a sample of urine, being a container that was marked or labelled to indicate that it held a sample of urine obtained from a specified detainee on a specified day, is evidence that the sample was a sample of urine obtained from that detainee on that day, and
(b) evidence that the container, when received, was sealed with an unbroken seal is evidence that the sample had not been tampered with before it was received by the government analyst.
The Director-General may provide results of positive urine tests to the Chief Executive, Justice Health.
A punishment referred to in section 21 of the Act may be imposed for the following misbehaviour:
(a) an offence under section 37A of the Act,
(b) a breach of Schedule 1.
An offence under section 37A of the Act or a breach of Part 2 of Schedule 1 is declared to be
A detainee must not:
(a) breach any of the provisions of Schedule 1, or
(b) encourage any other detainee to breach any of those provisions.
An allegation that a detainee is guilty of misbehaviour may be made, orally or in writing, to the centre manager.
An oral allegation must be recorded in writing by the centre manager.
For the purposes of section 21 (3) (a) of the Act, the following classes of persons are prescribed:
(a) a legal practitioner’s clerk authorised in writing by a detainee’s legal practitioner,
(b) a registered medical practitioner,
(c) the Official Visitor for the detention centre,
(d) a field officer,
(e) a person conducting an inspection of the detention centre in accordance with section 8 of the Act.
This Division applies to misbehaviour that is dealt with otherwise than by the Children’s Court.
An allegation that a detainee is guilty of misbehaviour is to be heard and determined by the centre manager.
The centre manager must inquire into an allegation as soon as is reasonably practicable but, in any event, within 24 hours after the allegation is made.
Before proceeding to inquire into an allegation, the centre manager must inform the detainee of the name of the person who made the allegation and of the substance of the allegation.
The centre manager may adjourn an inquiry for any reason that seems to the centre manager to be sufficient.
The centre manager may punish a detainee in accordance with section 21 of the Act if the detainee admits his or her guilt and the centre manager is satisfied that the detainee is guilty of the misbehaviour charged in the allegation.
If the detainee denies his or her guilt, the detainee must be given an opportunity to make a statement to the centre manager in relation to the allegation.
The centre manager may question the detainee and any other person the centre manager sees fit to question.
If the detainee, or any other person who is to make a statement on the detainee’s behalf, cannot speak English to an extent that is sufficient for the purposes of the inquiry, the centre manager must postpone the inquiry until the services of an interpreter can be obtained.
An inquiry must be conducted with as little formality and technicality, and with as much expedition, as fairness to the detainee, the requirements of the Act and this Regulation and the proper consideration of the allegation permit.
Neither the person who made the allegation nor the detainee are entitled to be represented by a legal practitioner or by any other person.
If the detainee refuses or fails to attend the inquiry, the centre manager may deal with the allegation in the detainee’s absence.
Evidence must not be required to be given on oath at the inquiry.
The centre manager may allow such persons to participate in the inquiry as the centre manager thinks fit.
A detainee may be dealt with for misbehaviour even though the misbehaviour constitutes an offence.
Punishment must not be imposed on a person found guilty of misbehaviour if criminal proceedings have been brought in respect of substantially the same facts as those on which the person has been found guilty.
Misbehaviour may be dealt with by the centre manager even though it occurred, or was alleged to have occurred, while the detainee was detained in another detention centre or in the custody of the centre manager of another detention centre.
The centre manager of one detention centre may transfer to the centre manager of another detention centre the conduct of an inquiry relating to an allegation concerning a detainee who has been transferred to the other detention centre.
When the centre manager imposes a punishment under section 21 of the Act, the centre manager must keep a record of the following particulars:
(a) particulars of the detainee’s name and age,
(b) particulars of the dates and times when the misbehaviour occurred,
(c) particulars of the dates and times of the inquiry into the allegation of misbehaviour,
(d) particulars of the name and official capacity of the person who made the allegation,
(e) particulars of the detainee’s plea,
(f) particulars of the evidence given at the inquiry,
(g) particulars of the reasons for which the detainee was found guilty of misbehaviour,
(h) particulars of the punishment imposed on the detainee and of the reasons for which that particular punishment was imposed.
The centre manager must forward to the Director-General, within 10 days after the end of each calendar month, a copy of all records made by the centre manager under this clause for that month.
This Division applies to misbehaviour that is dealt with by the Children’s Court.
Proceedings for misbehaviour are not to be commenced before the Children’s Court except with the approval of the Director-General.
Subclause (2) does not apply to proceedings for an offence under section 37A of the Act that is dealt with as an offence rather than as misbehaviour.
The centre manager must, as soon as practicable after it is alleged that a detainee has been guilty of misbehaviour, make arrangements with a Children’s Magistrate for hearing the allegation.
The centre manager must cause a notice to be served on the detainee concerned, stating the allegation and advising that the detainee is required to appear before the Children’s Court for the purpose of hearing the allegation.
The notice must state:
(a) the name of the person who made the allegation, and
(b) the nature of the alleged misbehaviour, and
(c) the date and time when, and the place where, the detainee’s appearance before the Children’s Court is required, and
(d) that the detainee must indicate to the centre manager, not later than 8 hours prior to the detainee’s appearance before the Children’s Court, whether or not the alleged misbehaviour is admitted or denied, and
(e) that the detainee is entitled to be legally represented at the hearing, and
(f) that the detainee is entitled to give evidence before the Children’s Court in respect of the alleged misbehaviour.
It is the duty of the centre manager to ensure, as far as possible, that the detainee understands the meaning of the notice.
In this Part:
(a) a person employed in the Department as a supervisor for the purposes of this Part (whether or not the person performs other duties in the Department), or
(b) a probation and parole officer within the meaning of the Crimes (Administration of Sentences) Act 1999.
For the purposes of section 135 of the applied Act, the Director-General is to arrange for the preparation of material to assist the Children’s Court in its consideration of whether a detainee should be released on parole.
The material must include:
(a) a pre-discharge report which describes:
(i) the detainee’s overall behavioural response while in detention, and
(ii) the detainee’s involvement in the various programs offered at the detention centre, and
(iii) any significant community support available to the detainee on discharge, and
(iv) the details of any proposed post-release supervision, and
(v) any additional information that the Children’s Court considers necessary in its consideration of parole, and
(b) a psychological or psychiatric assessment, and
(c) a copy of any current court orders, and
(d) a copy of the sentencing court’s comments at the time of sentencing.
A parole order made under the applied Act must be in writing in a form approved by the Minister.
A copy of the order is to be given to the offender, and further copies are to be sent to the following persons:
(a) the centre manager of the detention centre in which the detainee is kept,
(b) the Director-General.
Copies of the order sent to the centre manager of the detention centre are, if practicable, to be sent so as to arrive at the detention centre at or before the time the detainee arrives.
On a detainee’s day of release from the detention centre in accordance with a parole order, the centre manager must ensure that:
(a) the order is read to the detainee, and
(b) the effect of the order is explained to the detainee in language that is capable of being readily understood by the detainee, and
(c) the detainee indicates that the detainee understands the conditions on which the detainee is to be released by signing a statement to that effect on a copy of the order, and
(d) all copies of the order are endorsed with the detainee’s date of release, and
(e) a copy of the order is sent to the Director-General, and
(f) a copy of the order is given to the detainee, and
(g) the copy of the order containing the signed statement referred to in paragraph (c) is retained at the detention centre.
If a detainee is subject to more than one parole order, this clause does not require common provisions in the orders to be read to the detainee more than once.
For the purposes of section 128 (1) (a) of the applied Act, the following are standard conditions of parole:
(a) the detainee must be of good behaviour,
(b) the detainee must not commit any offence,
(c) the detainee must adapt to normal lawful community life.
A condition of a parole order may require the detainee to be subject to supervision for a period of up to:
(a) 3 years, in the case of a classified person, or
(b) 2 years, in any other case.
The supervision period starts from the date on which the detainee is released in accordance with the order.
For the purposes of section 128 (3) of the applied Act, the prescribed supervision is supervision by a supervisor.
As soon as practicable after receiving a parole order that requires a detainee to be supervised, the Director-General must assign a supervisor to supervise the detainee.
The Director-General may from time to time assign another supervisor to supervise the detainee in place of the supervisor previously assigned and, in that event, must cause notice of that fact to be sent to the detainee.
This clause applies to a detainee whose parole order includes a condition requiring that the detainee be subject to supervision.
While the detainee is subject to supervision by a supervisor under the condition, the detainee has the following obligations:
(a) to obey all reasonable directions of the supervisor,
(b) to report to the supervisor (or to another person nominated by the supervisor) at such times and places as the supervisor may from time to time direct,
(c) to be available for interview at such times and places as the supervisor (or the supervisor’s nominee) may from time to time direct,
(d) to reside at an address agreed on by the supervisor,
(e) to receive visits at that address by the supervisor at such times as the supervisor considers necessary,
(f) to permit the supervisor to enter that address for the purposes of such visits,
(g) not to travel outside the boundaries of New South Wales without the express approval of the Director-General,
(h) not to leave Australia without the permission of the Children’s Court,
(i) to enter into employment arranged or agreed on by the supervisor, or to make himself or herself available for employment as instructed by the supervisor,
(j) to notify the supervisor of any intention to change his or her employment:
(i) if practicable, before the change occurs, or
(ii) otherwise, at his or her next interview with the supervisor,
(k) not to associate with any person or persons specified by the supervisor,
(l) not to frequent or visit any place or district designated by the supervisor.
A detainee’s supervisor may, with the concurrence of the Director-General, direct that the conditions of the detainee’s parole order in relation to supervision are suspended.
Such a direction takes effect when notice of the direction is given to the detainee.
If a notice has been served under section 128 (2) (b) of the applied Act on a detainee who is a child, the Registrar of the Children’s Court must send written advice to the Director-General that such a notice has been served and must include with that advice a copy of the notice.
If the Children’s Court varies the conditions of a parole order under section 128 (2) (b) of the applied Act so as to make the detainee subject to supervision under the order, or so as to affect the supervision of the detainee, the Registrar of the Children’s Court must send notice of the variation to the Director-General.
For the purposes of section 130 of the applied Act, the circumstances set out in subclause (2) are prescribed as circumstances in which the Children’s Court may revoke a parole order.
The circumstances concerned are circumstances in which the Children’s Court, after the making of the order and before the release of the detainee, decides that it has sufficient reason to believe that the detainee, if released from custody, would not be able to adapt to normal lawful community life.
The Children’s Court must send copies of an order under section 130 of the applied Act to the centre manager of the detention centre in which the detainee is kept.
As soon as practicable after receiving the order, the centre manager must ensure that:
(a) the order is read to the detainee, and
(b) the effect of the order is explained to the detainee in language that is capable of being readily understood by the detainee, and
(c) the detainee’s rights to a review of the revocation are explained to the detainee in language that is capable of being readily understood by the detainee, and
(d) a copy of the order is handed to the detainee.
The Children’s Court must send notice of the revocation of a parole order under section 130 of the applied Act to the Director-General.
A notice under section 139 (1) (a) of the applied Act must be sent to the centre manager of the detention centre in which the detainee is kept.
As soon as practicable after receiving the notice, the centre manager must ensure that:
(a) the notice is read to the detainee, and
(b) the effect of the notice is explained to the detainee in language that is capable of being readily understood by the detainee, and
(c) the notice is handed to the detainee.
Notice of a detainee’s intention to make representations to the Children’s Court concerning release on parole:
(a) must be given by the detainee to the centre manager of the detention centre in which the detainee is kept, and
(b) must be sent by the centre manager to the Registrar of the Children’s Court.
When the Children’s Court reconsiders whether the detainee should be released on parole, the detainee is entitled to be represented by a legal practitioner for the purpose of making representations to the Children’s Court concerning release on parole.
A notice under section 141 (4) (b) of the applied Act must be sent to the centre manager of the detention centre in which the detainee is kept.
As soon as practicable after receiving the notice, the centre manager must ensure that:
(a) the notice is read to the detainee, and
(b) the effect of the notice is explained to the detainee in language that is capable of being readily understood by the detainee, and
(c) the detainee’s rights concerning the Children’s Court’s decision are explained to the detainee in language that is capable of being readily understood by the detainee, and
(d) the notice is handed to the detainee.
The centre manager must keep a copy of the notice.
The Registrar of the Children’s Court must send a copy of the notice to the Director-General.
For the purposes of section 173 (2) (a) of the applied Act, the prescribed form of revocation notice that is to be served on a detainee is set out in Form 1.
The notice must be sent to the centre manager of the detention centre in which the detainee is kept.
As soon as practicable after receiving the notice, the centre manager must ensure that:
(a) the notice is read to the detainee, and
(b) the effect of the notice is explained to the detainee in language that is capable of being readily understood by the detainee, and
(c) the notice is handed to the detainee.
Notice of a detainee’s intention to make representations to the Children’s Court concerning the revocation of a parole order:
(a) must be given by the detainee to the centre manager of the detention centre in which the detainee is kept, and
(b) must be sent by the centre manager to the Registrar of the Children’s Court.
When the Children’s Court considers the revocation of a parole order, the detainee is entitled to be represented by a legal practitioner for the purpose of making representations to the Children’s Court concerning the revocation of the parole order.
(b) of the fact that the detainee is of no religious denomination, or
(c) that the detainee declined to provide information regarding the detainee’s religious denomination.
The centre manager must, when requested to do so by an accredited chaplain, provide the chaplain with the name of each detainee at the detention centre and the detainee’s religious denomination (if the detainee has provided that information).
A minister of religion may not perform the functions of a chaplain in a detention centre unless the minister:
(a) is accredited by the Director-General under this clause, and
(b) is permitted by the appropriate authority for the religious organisation of which the minister is a member to work as a chaplain in the detention centre.
The Director-General may, by instrument in writing, accredit a minister of religion who has been endorsed as suitable and competent by the Civil Chaplaincies Advisory Committee to work as a full-time, part-time or sessional chaplain to detainees at a detention centre.
The Director-General must not accredit a minister of religion unless the minister has undergone a criminal record check and been found by the Director-General to be suitable to work as a chaplain in the centre.
The Director-General may, at any time, by instrument in writing, revoke any such accreditation.
The Director-General must give written notice of any revocation to the Civil Chaplaincies Advisory Committee.
In this clause,
With the approval of the centre manager, an accredited chaplain:
(a) may, when visiting a detention centre, be accompanied by assistants, whether ministers of religion or lay persons who are wholly or partly engaged in duties of a religious nature, and
(b) may arrange for detainees to be visited by persons suitably qualified in counselling, vocational guidance or other services.
An accredited chaplain is answerable to the Director-General for the conduct of any assistant who accompanies the accredited chaplain when visiting a detention centre.
An accredited chaplain is responsible for the spiritual care of detainees at the detention centre to which he or she is accredited.
An accredited chaplain’s responsibilities include:
(a) visiting detainees who are sick, injured, confined to cell or segregated from other detainees, and
(b) visiting detainees (or arranging for them to be visited by another minister of religion of the same denomination) in circumstances in which they are suffering from a potentially fatal illness or injury.
An accredited chaplain is entitled:
(a) to visit the detention centre to which he or she is accredited at all reasonable times, but not so as to disturb the ordinary routine of the centre, and
(b) to have access to detainees for the purpose of religious ministrations.
On Sundays or other recognised days of religious observance, and on such other days as the centre manager may permit, an accredited chaplain:
(a) may hold or conduct such rites, services or assemblies as pertain to the accredited chaplain’s denomination, or
(b) with the permission of the centre manager, may hold or conduct combined services in association with ministers of religion of other denominations.
An accredited chaplain may minister to any detainee at the detention centre, unless the detainee objects.
An accredited chaplain is entitled to have access to a detainee under this clause beyond the hearing (but within the sight) of a juvenile justice officer.
An accredited chaplain is authorised, despite any other law, to disclose information relating to the welfare of a detainee to the centre manager if the chaplain considers it in the interests of the detainee or other detainees at the detention centre to do so.
With the approval of the centre manager, an accredited chaplain may pursue such matters as the accredited chaplain considers to be in the interests of the welfare of detainees at the detention centre to which he or she is accredited, and of their families.
With the approval of the centre manager, a minister of religion of a particular denomination who is not accredited in relation to a particular detention centre:
(a) may visit the centre, and
(b) may have access to detainees of that denomination,
if no other minister of religion of that denomination has been accredited for the centre.
On request by a detainee belonging to a denomination for which no minister of religion has been accredited, the centre manager (after consultation with accredited chaplains) may arrange for the detainee to be visited by a minister of religion of that denomination.
A decision by the centre manager to grant a request under subclause (2) does not affect the number of visits and maximum number of visitors to which the detainee may otherwise be entitled.
A minister of religion is entitled to have access to a detainee under this clause beyond the hearing (but within the sight) of a juvenile justice officer.
A minister of religion may only visit a detainee under this clause if the detainee does not object.
The centre manager must take all reasonable steps to facilitate the participation of detainees in the religious observances of their respective religious denominations, but not so as to offer any inducement, or impose any sanction, with respect to any such participation.
A detainee may attend the following rites, services and assemblies conducted at the detention centre:
(a) rites, services or assemblies of the detainee’s denomination,
(b) combined rites, services or assemblies conducted by ministers of religion of the detainee’s denomination in association with ministers of religion of other denominations,
(c) rites, services or assemblies of other denominations.
Religious books, recognised objects of religious devotion and similar items belonging to a detainee are to be treated as approved property of the detainee.
A detention centre chapel or a part of a detention centre that is used for the conduct of rites, services or assemblies may be used for such other purposes that are in keeping with the nature of the building, as may be determined by the centre manager after consultation with the relevant accredited chaplains.
On request by an accredited chaplain, the centre manager of a detention centre must, if reasonably practicable, make available:
(a) a suitable part of the centre as a detention centre chapel for the conduct of rites, services or assemblies, and
(b) suitable facilities for the safekeeping of books and other objects used in connection with the conduct of rites, services or assemblies,
if no such detention centre chapel or facilities currently exist.
The centre manager of a detention centre is to encourage detainees to use the detention centre chapel for personal devotion, worship and meditation.
A detainee must not desecrate or abuse any books or other objects used in connection with the rites, services or assemblies of a religious denomination.
A juvenile justice officer must not damage any books or other objects used in connection with the rites, services and assemblies of a religious denomination, otherwise than in circumstances where the damage is:
(a) unavoidable, and
(b) in the course of a search or of carrying out the officer’s duties.
With the approval of the centre manager, an accredited chaplain:
(a) may attend meetings of any committee concerned with the management of the detention centre to which he or she is accredited, and
(b) at any such meeting, may offer advice in relation to the welfare of detainees.
An accredited chaplain is not entitled to vote on any motion or proposal put before such a committee or otherwise to participate in its decisions.
The accredited chaplains, in collaboration with the Director-General and the appropriate religious authorities, may assist in:
(a) the development of community support for juvenile justice services, and
(b) the development and extension of accredited chaplaincy services in detention centres.
In consultation with the accredited chaplains and appropriate religious authorities, the Director-General must from time to time review the effectiveness of the accredited chaplaincy services in detention centres.
The Director-General may prohibit:
(a) a particular minister of religion, or
(b) a minister of religion of a particular denomination,
from visiting a detention centre if of the opinion that it would be prejudicial to the good order and security of the centre to allow such a visit.
For the purposes of section 7 (3) of the Act, the prescribed matters that must be dealt with in a report are the following:
(a) the physical, psychological and emotional well-being of detainees,
(b) the social, cultural and educational development of detainees,
(c) the general control and management of the detention centre,
(d) the morale, conduct and functions of persons employed in the detention centre,
(e) the condition of the premises (including the grounds, buildings, furniture, equipment and amenities) of the detention centre,
(f) the security of the detention centre.
A return referred to in section 39 (1) of the Act must contain the following particulars in relation to each person detained for trial or appeal at the detention centre at the end of the month to which the report relates:
(a) the name and date of birth of the person,
(b) the name and address of the place where the person is detained,
(c) the date on which the person’s trial or appeal is set down for hearing or (if a hearing date has not been fixed) the date on which the matter is next to be mentioned,
(d) the total period during which the person has so far been detained awaiting trial or appeal,
(e) whether the person is detained because bail is refused or because the person is unable to meet a bail condition,
(f) any recommendation as to any means that may be available to expedite the hearing of the case.
A child must not be provided with accommodation at a detention centre unless:
(a) the child is a detainee, or
(b) the child is being detained in the detention centre under Part 16 of the Law Enforcement (Powers and Responsibilities) Act 2002.
For the purposes of the definition of
The centre manager of a detention centre may require a juvenile justice officer who is on the premises of the centre:
(a) to submit to any of the following:
(i) an inspection and search of the officer’s personal possessions,
(ii) scanning by an electronic scanning device,
(iii) being sniffed by a dog, and
(b) to empty the pockets of the officer’s clothing, and
(c) to make available for inspection and search any room, locker or vehicle under the officer’s control at the centre.
Any act, matter or thing that, immediately before the repeal of the Children (Detention Centres) Regulation 2005 had effect under that Regulation continues to have effect under this Regulation.
(Clauses 73 and 74)
A detainee must not refuse to perform any duties that he or she is required to perform or to participate in any activities in which he or she is required to participate.
A detainee must not make any telephone calls unless authorised to do so by a juvenile justice officer.
A detainee must not make false or misleading statements to the centre manager or any juvenile justice officer.
A detainee must not disobey any rules established for the detention centre by the centre manager or any lawful instructions given to the detainee by any member of staff of the detention centre.
A detainee must not steal any property.
A detainee must not use abusive, indecent or threatening language when speaking or writing to any other person.
A detainee must not have in his or her possession, or give to any other person, any article or thing that is not approved property.
A detainee must not have in his or her possession any video or audio recording equipment on which is recorded any material that the centre manager has, by notice given to the detainee or to detainees generally, declared to be offensive material.
This clause applies to all video or audio recording equipment, including equipment whose possession by the detainee is permitted by the centre manager.
A detainee must not subject himself, herself or anyone else to tattooing or body piercing.
A detainee must not smoke.
A detainee must not set off any fire or other alarm at the detention centre, or use any fire fighting equipment or first aid supplies provided for the detention centre, except in an emergency or when authorised to do so by a juvenile justice officer.
A detainee must not enter or remain in any area to which entry is prohibited to the detainee unless authorised to do so by a juvenile justice officer.
A detainee must not, by word or action, attempt to undermine the good order and discipline of the detention centre or encourage other detainees to do so.
A detainee must not, by word or action, harass or provoke any other person.
A detainee is guilty of misbehaviour if he or she returns positive to any test for drugs or alcohol.
A detainee must not refuse to submit to a search of his or her person or possessions.
A detainee must not become involved in, or encourage other detainees to become involved in, any fight.
A detainee who is on leave of absence from a detention centre must not contravene any condition to which that leave is subject.
A detainee must not hinder or obstruct any drug detector dog that is being used in the detention centre.
A detainee must not refuse to submit to any test for the presence of drugs or alcohol.
A detainee must not wilfully damage any property.
A detainee must not mistreat any animal.
A detainee must not fail to comply with the reasonable instructions of detention centre staff or the established rules or routines of the detention centre.
A detainee must not incite other detainees to engage in behaviour which seriously disrupts the good order or discipline of the detention centre.
A detainee must not hide, or assist any other detainee to hide, for the purpose of escape.
A detainee must not have in his or her possession any medication that is not approved property.
A detainee must not give any medication to any other detainee, whether or not the medication is approved property.
A detainee must not have in his or her possession:
(a) any mobile phone or part of a mobile phone, mobile phone SIM card, camera or video or audio recording equipment, or
(b) any charger for any such equipment,
unless it is approved property in relation to the detainee.
A detainee must not make any attempt to escape.
A detainee must not, by word or action, behave indecently or obscenely in the presence of any other person.
In particular, a detainee must not engage in sexual conduct towards another person in circumstances in which the other person is likely to feel offended, humiliated or intimidated.
A detainee must not manufacture, conceal, have in his or her possession or give to any other detainee any weapon or other article that is designed to cause injury.
A detainee must not, by word or action, behave in a threatening or intimidating manner towards any other person.
In particular, a detainee must not threaten to damage or destroy any other person’s property.
A detainee must not detain any other person against their will.
A detainee must not light any fire.
A detainee must not assault any other person.
(Clause 3 (2))
(Clause 101)
TO [
TAKE NOTICE that the Children’s Court on made an order for revocation of your parole to date from . The Children’s Court will reconvene on at [
* A copy of the order made which revoked your parole order is attached.
* Copies are attached of reports and other documents intended to be used by the Children’s Court in reaching its decision.
* You may make submissions to the Children’s Court with respect to *the revocation of your parole order/*the date of revocation of your parole order. If you wish to do so, you are required to notify the Registrar of the Children’s Court not later than
Registrar of the Children’s Court
*
(Clause 105)
To the Commissioner of Police for the State of New South Wales, to all members of the NSW Police Force and to all centre managers of detention centres in that State.
WHEREAS was sentenced to
by [
AND by order of the Children’s Court dated was released from a detention centre on parole on in accordance with the terms of the parole order, which order has been revoked,
NOW the Children’s Court issues this warrant authorising any member of the Police Force to apprehend
* and return him/her to a detention centre
* to serve the portion of his/her term of detention unexpired on
* and to remove him/her to
* for the purpose of conducting, within 7 days, an inquiry as to whether the order should be revoked.
* The Children’s Court ordered the revocation of the Parole Order for breach of the following conditions of the order, namely:
This warrant is sufficient authority for the apprehension of
and *his/her return to and detention in a detention centre.
Dated:
Children’s Magistrate
*
TO ALL POLICE OFFICERS in the State of New South Wales
By virtue of section 180 of the Crimes (Administration of Sentences) Act 1999, as applied by section 29 of the Children (Detention Centres) Act 1987, this warrant is sufficient authority for you to arrest, or to have custody of, the detainee named in this warrant, to convey the detainee to the detention centre specified in this warrant and to deliver the detainee into the custody of the centre manager of that detention centre.
(Clause 106)
TO THE CENTRE MANAGER of the detention centre at
in the State of New South Wales
WHEREAS of (
,
AND WHEREAS the Court has made a detention order, within the meaning of the Children (Detention Centres) Act 1987, requiring the detainee to be detained in a detention centre for a term of , to commence on ,
AND WHEREAS the detainee has been released from custody on parole under a parole order, within the meaning of the Crimes (Administration of Sentences) Act 1999, in respect of that term of detention,
AND WHEREAS the Children’s Court has revoked the parole order,
YOU ARE HEREBY DIRECTED to receive the detainee into your custody there and (subject to the Children (Detention Centres) Act 1987 and to any order under that Act) to detain the detainee there for the remainder of the term of the detainee’s sentence.
Children’s Magistrate
Date:
TO ALL POLICE OFFICERS in the State of New South Wales
By virtue of section 181 of the Crimes (Administration of Sentences) Act 1999, as applied by section 29 of the Children (Detention Centres) Act 1987, this warrant is sufficient authority for you to arrest, or to have custody of, the detainee named in this warrant, to convey the detainee to the detention centre specified in this warrant and to deliver the detainee into the custody of the centre manager of that detention centre.
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0
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