Children (Detention Centres) Regulation 2015 (NSW)
Medicines, Poisons and Therapeutic Goods Act 2022 No 73 (not commenced)
This Regulation is the Children (Detention Centres) Regulation 2015.
This Regulation commences on 1 September 2015 and is required to be published on the NSW legislation website.
This Regulation replaces the Children (Detention Centres) Regulation 2010, which is repealed on 1 September 2015 by section 10 (2) of the Subordinate Legislation Act 1989.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 Secretary.
(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 and Forensic Mental Health Network, or
(b) a medical officer or other member of staff of Justice Health and Forensic Mental Health Network authorised by the Chief Executive, Justice Health and Forensic Mental Health Network, 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) money, or
(b) anything that, in the opinion of a centre manager or a juvenile justice officer authorised by a centre manager to open, inspect and read a letter or parcel sent to or by a detainee, is likely to prejudice the good order and security of a detention centre, or
(c) any threatening, offensive, indecent, obscene or abusive written or pictorial matter, or
(d) any offensive, indecent or obscene article, or
(e) anything that, in the opinion of a centre manager or a juvenile justice officer authorised by a centre manager to open, inspect and read a letter or parcel sent to or by a detainee, is intended to facilitate, incite or be used in connection with any unlawful activity.
(a) identifies as a Torres Strait Islander, and
(b) is accepted by the Torres Strait Islander community as a Torres Strait Islander.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
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 Secretary.
The Secretary 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 Secretary 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 Secretary may require the general routine for a detention centre to be published in such other manner as the Secretary 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 A1(o)—detainees who have been charged with or convicted of a relevant offence and who should therefore be detained within a secure physical barrier at all times unless, in the opinion of the Secretary, the detainee should be classed under paragraph (b), (c), (d), (e) or (f),
(b) Class A1(b)—detainees who, in the opinion of the Secretary, are a high risk to security, safety and good order, and who should therefore be detained within a secure physical barrier at all times,
(c) Class A2—detainees who, in the opinion of the Secretary, are a medium to high risk to security, safety and good order, and who should therefore be detained within a secure physical barrier at all times,
(d) Class B1—detainees who, in the opinion of the Secretary, are a medium risk to security, safety and good order,
(e) Class B2—detainees who, in the opinion of the Secretary, are a low to medium risk to security, safety and good order,
(f) Class B3—detainees who, in the opinion of the Secretary, are a low risk to security, safety and good order,
(g) Unclassified—all other detainees.
In this clause—
(a) murder,
(b) manslaughter,
(c) aggravated sexual assault in company under section 61JA of the Crimes Act 1900,
(d) contaminating or threatening to contaminate goods with intent to cause public alarm or economic loss in aggravated circumstances under section 93O of the Crimes Act 1900,
(e) aggravated sexual assault under section 61J of the Crimes Act 1900 (except in circumstances referred to in subsection (2) (d) of that section),
(f) a terrorism offence within the meaning of the Crimes Act 1914 of the Commonwealth or an offence under section 310J of the Crimes Act 1900,
(g) attempting to commit the offences referred to in paragraph (c) or (e) under section 344A of the Crimes Act 1900.
The Secretary may designate a detainee as a national security interest detainee if the Secretary is satisfied that—
(a) the detainee—
(i) has, at any time, been charged with or convicted of a terrorism offence, or
(ii) is the subject of a control order made under Part 5.3 of the Commonwealth Criminal Code, or
(iii) has any associations with a terrorist organisation, or
(iv) is making or has previously made any statement (or is carrying out or has previously carried out any activity) advocating support for any terrorist act or violent extremism, or
(v) has or previously had any personal or business association or other affiliation with any person, group of persons or organisation that is or was advocating support for any terrorist act or violent extremism, and
(b) there is a risk that the detainee may engage in, or incite other persons to engage in, activities that constitute a serious threat to the peace, order or good government of the State or any other place.
Without limiting subclause (1) (a) (iv) and (v)—
(a) advocating support for a terrorist act or violent extremism includes (but is not limited to) any of the following—
(i) making a pledge of loyalty to a person, group of persons or organisation, or an ideology, that supports terrorist acts or violent extremism,
(ii) using or displaying images or symbols associated with a person, group of persons or organisation, or an ideology, that supports terrorist acts or violent extremism,
(iii) making a threat of violence of a kind that is promoted by a person, group of persons or organisation, or an ideology, that supports terrorist acts or violent extremism, and
(b) an association or other affiliation with a person, group of persons or organisation includes (but is not limited to) any of the following—
(i) networking or communicating with the person, group of persons or organisation,
(ii) using social media sites or any other websites to communicate with the person, group of persons or organisation.
The Secretary may at any time revoke the designation of a detainee as a national security interest detainee.
The Secretary may refer a matter relating to the designation of a detainee as a national security interest detainee to the Review Panel.
In this clause—
The Secretary may direct that a national security interest detainee be detained separately from any other national security interest detainees.
This clause does not authorise a national security interest detainee to be segregated under section 19 of the Act merely because the detainee is designated as a national security interest detainee.
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 Secretary.
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 Secretary 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 the person employed in the Department of Justice as Assistant Manager, Client Services, 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—
(i) if the psychologist or Justice Health officer’s advice includes a recommendation that the detainee should be checked on by a juvenile justice officer more frequently than at least once in any 10 minute period, in accordance with that recommendation, or
(ii) if there is no such recommendation, at least once in any 10 minute period.
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.
For the purpose of ensuring the security, safety and good order of a detention centre, a juvenile justice officer may—
(a) search a detainee, and
(b) search a detainee’s room and any property in the room.
A search of a detainee may be conducted by the following means only—
(a) running a hand-held metal detector (of a kind approved by the Secretary) over the detainee’s outer garments,
(b) a pat-down,
(c) a partially clothed search,
(d) scanning with an X-ray scanning device.
A
(a) searching the detainee by running the juvenile justice officer’s hands over the detainee’s outer garments, and
(b) examining anything worn or carried by the detainee that is conveniently removed by the detainee.
A
(a) requiring the detainee to remove clothes from the top or bottom half of the detainee’s body for examination of the clothes (and repeating the process for the other half of the detainee’s body),
(b) visually examining the detainee’s body,
(c) requiring the detainee to open the detainee’s mouth to enable it to be visually examined,
(d) examining the detainee’s removed clothes by touch.
However, a juvenile justice officer conducting a partially clothed search may not—
(a) require the detainee to remove all of the detainee’s clothes at once, or
(b) search the detainee’s body cavities (other than the detainee’s mouth), or
(c) examine the detainee’s body by touch.
A search under this clause must be conducted with due regard to the dignity, self-respect and well-being of the detainee and as quickly as is reasonably practicable.
A search under this clause must be conducted in accordance with any directions of the Secretary about the conduct of searches under this clause, including in relation to the times at which and the circumstances in which a search may be conducted.
Except in the case of an emergency, a pat-down or partially clothed search of a detainee must be conducted—
(a) by a person of the same sex as the detainee (or by a person of the sex chosen by the detainee in the case of a transgender or intersex detainee), and
(b) in the presence of another person (who, in the case of a partially clothed search, is able to observe the person conducting the search only and not the detainee).
A partially clothed search of a detainee must not be conducted as part of the general routine of a detention centre, except in the case of a detainee being admitted to a detention centre or returning to a detention centre following day leave or overnight leave.
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 Secretary.
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 any radio or other item of electronic equipment or any related accessory approved by the centre manager.
Any such radio, 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 radio, 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 Secretary 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 Secretary, 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 Secretary 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 Secretary 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 Secretary must give special attention to the needs of detainees who are illiterate or who have a disability.
The Secretary 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.
If the Secretary establishes an incentive scheme to encourage detainees to participate in the programs provided, the centre manager of a detention centre is to ensure that the scheme is implemented at the centre.
In the exercise of a function under this clause, the Secretary 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.
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 is to set out—
(a) the proposed actions to be taken to address the needs of the detainee in relation to the detainee’s offending behaviour, and
(b) the time allocated to achieve the proposed actions, and
(c) the roles of those participating in the proposed actions.
The proposed actions set out in a case plan may include, without limitation, one or more of the following—
(a) the provision of services and programs in which the detainee should be encouraged to participate,
(b) the provision of health care services to the detainee,
(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,
(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,
(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,
(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 Secretary 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 Secretary.
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 Secretary 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,
(c) the Inspector of Custodial Services.
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 circumstances 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.
A person may visit a national security interest detainee only if the person has been approved by the Secretary as a visitor to that detainee.
The Secretary may require a visitor to undergo a criminal record check before approving the person as a visitor to a national security interest detainee.
The Secretary is to ensure that any criminal record check of a visitor to a national security interest detainee is carried out as quickly as is practicable.
The Secretary may refuse to approve a person as a visitor to a national security interest detainee on the basis of a criminal record check or national security concerns.
The Secretary may also ban a person from visiting a particular detention centre or detention centres generally or from visiting a particular detainee or detainees generally under clause 37.
The Secretary may revoke an approval of a person as a visitor to a national security interest detainee at any time.
This clause does not apply to a visit to a national security interest detainee by an exempt person or an officer of an exempt body.
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 Secretary 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 Secretary 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 Secretary 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 Secretary 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 Secretary 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 Secretary may allow.
The review is to be conducted by the Secretary or a person authorised by the Secretary 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 centre manager or a juvenile justice officer authorised by the centre manager may open, inspect and read a letter or parcel sent to or by a detainee and, if it contains prohibited goods, may confiscate the letter or parcel and its contents and deal with them in accordance with the directions of the Secretary.
The centre manager of a detention centre must open, inspect and read any letter or parcel sent to or by a national security interest detainee and, if it contains prohibited goods, may confiscate the letter or parcel and its contents and deal with them in accordance with the directions of the Secretary.
The detainee is to be informed of the confiscation of any letter, parcel or prohibited goods.
A centre manager may direct that any written or pictorial matter contained in a letter or parcel opened, inspected or read under this clause be copied before the letter or parcel containing the matter is delivered to the addressee.
The direction may be given only if the centre manager or juvenile justice officer is of the opinion that the written or pictorial matter to be copied—
(a) contains anything likely to prejudice the good order and security of the centre, or
(b) is threatening, offensive, indecent, obscene or abusive.
This clause does not apply to any letter or parcel addressed to, or received from, an exempt body or exempt person.
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 prohibited goods, 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 prohibited goods, 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 Secretary.
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.
Despite subclause (1), a national security interest detainee must not communicate by letter with—
(a) a national security interest detainee in another detention centre, or
(b) a category AA, category 5 or national security interest inmate in a correctional 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 Secretary may cause an officer authorised for the purpose to monitor one or more of a detainee’s telephone calls.
The Secretary must arrange for an officer authorised for the purpose to monitor all telephone calls made by a national security interest detainee (other than communications referred to in subclause (4)).
The Secretary may determine the procedure for monitoring telephone calls.
The Secretary 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 juvenile justice officer must, as soon as practicable, convey the request to the centre manager or other juvenile justice officer.
The centre manager or other juvenile justice officer must give a detainee from whom the centre manager or other juvenile justice officer receives such a request an opportunity to speak to the centre manager or other juvenile justice officer on the day on which the request is conveyed or made to the centre manager or other juvenile justice officer or as soon as practicable after that day.
When giving a detainee an opportunity to speak, the centre manager or other juvenile justice officer must consider what the detainee has to say and must inform the detainee of any action that the centre manager or other juvenile justice officer has taken or proposes to take or (if no such action is taken or proposed) of the fact that the centre manager or other juvenile justice officer 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 Manager, Court Logistics, Classification and Placements is to be treated as a complaint addressed to the centre manager of a detention centre.
In this clause,
(a) a centre manager or any other juvenile justice officer, and
(b) the Secretary or any other employee 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 Secretary 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 Secretary 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 Secretary (in relation to complaints made to the Secretary or other employee 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 Manager, Court Logistics, Classification and Placement (in relation to complaints made to the Manager).
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 and the Inspector of Custodial Services.
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.
(Repealed)
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 Secretary 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 Secretary, 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 Secretary may grant day leave to a person subject to control at any time if the Secretary 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 Secretary may grant overnight leave to a person subject to control at any time if the Secretary 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.
If a juvenile justice officer is authorised to search for prohibited goods in a detention centre, the officer is entitled to use a dog to assist in the detection of prohibited goods in the 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,
Note— All searches of a detainee must be conducted in accordance with clause 11A.
(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 prohibited goods in a detention centre from attack or harm,
(j) to allow a medical practitioner to carry out medical treatment on a detainee in accordance with section 27 of the Act.
Despite subclause (1), a juvenile justice officer may 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 the officer making the report.
This clause does not apply in respect of—
(a) a threat of the use of force, or
(b) the use of an instrument of restraint in circumstances where—
(i) the person is restrained for the purposes of being moved from one location to another, and
(ii) the move and use of the restraint is required to be noted administratively, or
(c) the use of a riot shield as personal protection (provided the shield does not come into contact with another person).
A juvenile justice officer or other person having supervision of a detainee may direct the detainee to undergo a breath test for the purpose of testing for the presence of alcohol or another intoxicating substance.
A detainee may be directed to undergo a breath test under this clause even though the detainee concerned may not be reasonably suspected of being under the influence of alcohol or another intoxicating substance.
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 provide a breath sample (by 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 other intoxicating substance present in the detainee’s breath, 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 or saliva or both 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 or saliva 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 or saliva 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 or saliva 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 or saliva 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 or saliva, a certificate signed by a juvenile justice officer to the effect that—
(a) the juvenile justice officer received a sample of urine or saliva (as the case may be) 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 saliva, 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 saliva (as the case may be), 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 saliva, or
(d) the analyst determined that a specified drug was present or was present to a specified extent in the urine or saliva, 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
(a1) evidence that a government analyst received a container holding a sample of saliva, being a container that was marked or labelled to indicate that it held a sample of saliva obtained from a specified detainee on a specified day, is evidence that the sample was a sample of saliva 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 Secretary may provide results of positive urine tests to the Chief Executive, Justice Health and Forensic Mental Health Network.
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) the Inspector of Custodial Services,
(e) a field officer,
(f) 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 Secretary, 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.
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 Secretary 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 Secretary must from time to time review the effectiveness of the accredited chaplaincy services in detention centres.
The Secretary 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.
In this Part—
(a) a detainee,
(b) a juvenile inmate transferred to a detention centre under section 10 of the Act,
(c) a juvenile offender released on parole under Part 4C of the Act,
(d) the subject of a children’s community service order within the meaning of the Children (Community Service Orders) Act 1987,
(e) a child offender the subject of a community clean up order under Part 3A of the Graffiti Control Act 2008,
(f) a person in relation to whom a matter is referred to a conference administrator under the Young Offenders Act 1997,
(g) a person supervised by Youth Justice NSW as a condition of—
(i) bail under the Bail Act 2013, or
(ii) a community correction order or conditional release order under the Crimes (Sentencing Procedure) Act 1999, or
(iii) an order under section 33 of the Children (Criminal Proceedings) Act 1987.
For the purposes of section 102A(1) of the Act, each of the following is prescribed as a purpose for which the Secretary may disclose information under that subsection, if the Secretary considers the disclosure to be reasonably necessary for the purpose—
(a) facilitating appropriate management and supervision of a relevant person who is in the custody, or under the supervision, of a government agency of the Commonwealth, another State or Territory or New Zealand that substantially corresponds with Corrective Services NSW or Youth Justice NSW,
(b) facilitating the exercise of the lawful functions of each of the following in relation to a relevant person—
(i) the Commonwealth Department of Home Affairs, or a successor of that Department,
(ii) the Commonwealth Attorney General’s Department, or a successor of that Department,
(c) facilitating the assessment of a relevant person’s eligibility and suitability for the program, conducted by the Department, known as the Engagement and Support Program, or a successor of that program,
(d) facilitating data-matching by a government data-linkage centre to enable research into the provision of interventions and services by a NSW public sector agency (within the meaning of the Privacy and Personal Information Protection Act 1998) and the outcomes of those interventions and services.
For the purposes of section 102A(1) of the Act, the Secretary may disclose to another person or body (the
(a) to make any decision, assessment or plan or to initiate or conduct an investigation, or to provide a service, relating to the safety, welfare or well-being of the child or young person or class of children or young persons (including, where applicable, to provide prioritised access to a service to a child or young person or class of children or young persons at risk of significant harm), or
(b) to manage a risk to the child or young person, or class of children or young persons, that might arise in the recipient’s capacity as an employer.
The National Disability Insurance Scheme Launch Transition Agency under the National Disability Insurance Scheme
Act 2013 of the Commonwealth is prescribed as a
For the purposes of the definition of
(a) to identify a relevant person with disability, or
(b) to provide support and services to a relevant person with disability.
Under an information sharing arrangement between them, the National Disability Insurance Scheme Launch Transition Agency is authorised to request and receive, and the Secretary is authorised to disclose, the following information in relation to a relevant person—
(a) name, and any known alias,
(b) date of birth,
(c) whether the Secretary considers the relevant person to be an Aboriginal person or a Torres Strait Islander,
(d) the date and time of the relevant person’s entry into and exit from a detention centre,
(e) contact details for next of kin or carer,
(f) last known address when not in detention,
(g) details of the relevant person’s case manager and community office in Youth Justice NSW,
(h) information about any disability or health risks.
The Commissioner of Fines Administration is prescribed as a
For the purposes of the definition of
(a) the functions of the Secretary under the Act or this Regulation, or
(b) the functions of the Commissioner of Fines Administration under the Fines Act 1996 or the regulations under that Act.
Under an information sharing arrangement between the Secretary and the Commissioner of Fines Administration—
(a) the Secretary is authorised to request and receive information from the Commissioner of Fines Administration comprising the name, address and date of birth of a person who is the subject of a detention order and is a fine defaulter (within the meaning of the Fines Act 1996), and details of the fine, and
(b) the Commissioner of Fines Administration is authorised to disclose that information to the Secretary, and
(c) the Commissioner of Fines Administration is authorised to request and receive from the Department the following information about a person who is the subject of a detention order and is a fine defaulter (within the meaning of the Fines Act 1996)—
(i) name,
(ii) address,
(iii) date of birth, and
(d) the Secretary is authorised to disclose that information to the Commissioner of Fines Administration.
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.
For the purposes of section 37CA (2) (a) of the Act, the following purposes are prescribed—
(a) law enforcement, in the person’s capacity as an officer of, or person acting on behalf of, a law enforcement agency,
(b) administering or enforcing the Act,
(c) dealing with a fire or other emergency.
For the purposes of section 37CA (2) (b) of the Act, authorisation in writing by the Secretary or the centre manager of the relevant detention centre to be in possession of the remotely piloted aircraft is prescribed.
In this clause and clause 153B—
(a) the NSW Police Force, or the police force of another State or a Territory,
(b) the New South Wales Crime Commission,
(c) the Australian Federal Police,
(d) the Australian Criminal Intelligence Commission,
(e) the Director of Public Prosecutions of New South Wales, of another State or a Territory or of the Commonwealth,
(f) the Law Enforcement Conduct Commission,
(g) the Independent Commission Against Corruption,
(h) the Department of Justice.
For the purposes of section 37CB (4) (a) of the Act, the following purposes are prescribed—
(a) law enforcement, in the person’s capacity as an officer of, or person acting on behalf of, a law enforcement agency,
(b) administering or enforcing the Act,
(c) dealing with a fire or other emergency.
For the purposes of section 37CB (4) (b) of the Act, authorisation in writing by the Secretary or the centre manager of the relevant detention centre to be in possession of the remotely piloted aircraft is prescribed.
Any act, matter or thing that, immediately before the repeal of the Children (Detention Centres) Regulation 2010, had effect under that Regulation continues to have effect under this Regulation.
A parole order for a juvenile offender that was in force immediately before the commencement of Part 4C of the Act continues to be subject to the same conditions (the
For the purposes of subclause (1), the former parole provisions, and regulations in force under those provisions, continue to apply to a parole order referred to in that subclause.
Nothing in this clause prevents the variation or revocation of an existing condition under Part 4C of the Act.
In this clause—
In an existing parole order for a juvenile offender to whom Part 4C of the Act applies—
(a) a reference to a community corrections officer includes a reference to a juvenile justice officer, and
(b) a reference to supervision by a community corrections officer includes a reference to supervision by a juvenile justice officer.
In this clause—
(a) made under the provisions of the Crimes (Administration of Sentences) Act 1999, as applied by section 29 of the Act before its repeal by the Parole Legislation Amendment Act 2017, and
(b) in force immediately before the commencement of Part 4C of the Act.
(Repealed)
(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))
(Repealed)
(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 82 of the Children (Detention Centres) Act 1987, this warrant is sufficient authority for you to arrest, or to have custody of, the juvenile offender named in this warrant, to convey the juvenile offender to the detention centre specified in this warrant and to deliver the juvenile offender 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 juvenile offender to be detained in a detention centre for a term of , to commence on ,
AND WHEREAS the juvenile offender 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 juvenile offender into your custody there and (subject to the Children (Detention Centres) Act 1987 and to any order under that Act) to detain the juvenile offender there for the remainder of the term of the juvenile offender’s sentence.
Children’s Magistrate
Date:
TO ALL POLICE OFFICERS in the State of New South Wales
By virtue of section 82 of the Children (Detention Centres) Act 1987, this warrant is sufficient authority for you to arrest, or to have custody of, the juvenile offender named in this warrant, to convey the juvenile offender to the detention centre specified in this warrant and to deliver the juvenile offender into the custody of the centre manager of that detention centre.
Children (Detention Centres) Regulation 2015 (474). LW 21.8.2015. Date of commencement, 1.9.2015, cl 2. This Regulation has been amended as follows—
(74) | Children (Detention Centres) Amendment (Use of Force and Drug Testing) Regulation 2016. LW 19.2.2016. Date of commencement, on publication on LW, cl 2. | |
(54) | Children (Detention Centres) Amendment (Parole) Regulation 2018. LW 23.2.2018. Date of commencement, 26.2.2018, cl 2. | |
(212) | Children (Detention Centres) Amendment (Savings and Transitional) Regulation 2018. LW 25.5.2018. Date of commencement, on publication on LW, cl 2. | |
(576) | Children (Detention Centres) Amendment Regulation 2018. LW 8.10.2018. Date of commencement, on publication on LW, cl 2. | |
No 74 | Crimes (Administration of Sentences) Legislation Amendment Act 2018. Assented to 22.11.2018. Date of commencement of Sch 4, assent, sec 2 (1). | |
No 87 | Justice Legislation Amendment Act (No 3) 2018. Assented to 28.11.2018. Date of commencement of Sch 1.5, 30.11.2020, sec 2(2) and 2020 (680) LW 27.11.2020. | |
No 94 | Community Protection Legislation Amendment Act 2018. Assented to 28.11.2018. Date of commencement of Sch 1, assent, sec 2 (1). | |
(117) | Children (Detention Centres) Amendment (Classification) Regulation 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(562) | Stronger Communities Legislation Amendment (COVID-19) Regulation 2020. LW 18.9.2020. Date of commencement, on publication on LW, cl 2. | |
(685) | Children (Detention Centres) Amendment (Disclosure of Information) Regulation 2020. LW 27.11.2020. Date of commencement, 30.11.2020, cl 2 and 2020 (680) LW 27.11.2020. | |
No 4 | COVID-19 Legislation Amendment (Stronger Communities and Health) Act 2021. Assented to 24.3.2021. Date of commencement of Sch 1.6, assent, sec 2(1). | |
(537) | Stronger Communities Legislation Amendment (COVID-19) Regulation 2021. LW 15.9.2021. Date of commencement, on publication on LW, sec 2. | |
(656) | Children (Detention Centres) Amendment (X-ray Scanning Devices) Regulation 2021. LW 12.11.2021. Date of commencement, on publication on LW, sec 2. | |
No 26 | Statute Law (Miscellaneous Provisions) Act 2022. Assented to 16.6.2022. Date of commencement, assent, sec 2. | |
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. | |
No 39 | Justice Legislation Amendment (Miscellaneous) Act 2023. Assented to 30.10.2023. Date of commencement, assent, sec 2. |
Cl 3 | Am 2018 (576), Sch 1 [1]; 2023 No 39, Sch 6.4[1]. |
Cl 7 | Subst 2019 (117), Sch 1. |
Cl 7A | Ins 2018 (576), Sch 1 [2]; 2018 No 94, Sch 1.2 [1] [2]. |
Cl 7B | Ins 2018 (576), Sch 1 [2]. |
Cl 11A | Ins 2018 (576), Sch 1 [3]. Am 2021 (656), sec 3. |
Cl 30A | Ins 2018 (576), Sch 1 [4]. |
Cl 40 | Am 2018 (576), Sch 1 [5]. |
Cl 42 | Am 2018 (576), Sch 1 [6]. |
Cl 44 | Am 2018 (576), Sch 1 [7]. |
Cl 57 | Rep 2023 No 39, Sch 6.4[2]. |
Cl 65 | Am 2016 (74), Sch 1 [1]; 2018 (576), Sch 1 [8]. |
Cl 66 | Am 2016 (74), Sch 1 [2]. |
Cl 69 | Am 2016 (74), Sch 1 [3] [4]. |
Cl 70 | Am 2016 (74), Sch 1 [5]. |
Cl 71 | Am 2016 (74), Sch 1 [6]–[8]. |
Cl 90 | Am 2018 (54), Sch 1 [1] [2]. |
Cl 91 | Subst 2018 (54), Sch 1 [3]. |
Cl 92 | Am 2018 (54), Sch 1 [4] [5]. |
Cl 93 | Am 2018 (54), Sch 1 [5] [6]. |
Cl 94 | Am 2018 (54), Sch 1 [5] [7]–[9]. |
Cll 95–97 | Subst 2018 (54), Sch 1 [10]. |
Cl 98 | Am 2018 (54), Sch 1 [5] [6] [11]–[13]. |
Cl 99 | Am 2018 (54), Sch 1 [5] [6] [14] [15]. |
Cl 100 | Am 2018 (54), Sch 1 [5] [6] [16]. |
Cl 101 | Am 2018 (54), Sch 1 [5] [6] [17] [18]. |
Cl 102 | Am 2018 (54), Sch 1 [5] [6] [19]. |
Cll 103, 104 | Rep 2018 (54), Sch 1 [20]. |
Cl 105 | Am 2018 (54), Sch 1 [21]. |
Cl 106 | Am 2018 (54), Sch 1 [5] [22]. |
Cll 107A–107C | Ins 2018 (54), Sch 1 [23]. |
Part 12A | Ins 2020 (685), Sch 1. |
Sec 148AA | Ins 2020 (685), Sch 1. |
Sec 148AB | Ins 2020 (685), Sch 1. |
Sec 148AC | Ins 2020 (685), Sch 1. |
Sec 148A | Ins 2018 No 87, Sch 1.5. Am 2022 No 26, Sch 2.5. |
Cll 153A, 153B | Ins 2018 No 74, Sch 4. |
Cl 155 | Ins 2018 (54), Sch 1 [24]. |
Cl 156 | Ins 2018 (212), cl 3. |
Cl 157 | Ins 2020 (562), Sch 1.3. Rep 2021 No 4, Sch 1.6. Ins 2021 (537), Sch 1.3. Rep 2023 No 7, Sch 2.9. |
Sch 2 | Am 2018 (54), Sch 1 [5] [6] [25]–[31]. |
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