Children, Youth and Families Amendment Regulations 2014 (Vic)

Children, Youth and Families Amendment Regulations 2014

S.R. No. 91/2014

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal regulations

5New Part 2A inserted

PART 2A—SECURE WELFARE SERVICES

18AArticle or thing not allowed in secure welfare services

18BPrescribed requirements for conducting searches

18CPrescribed requirements for seizure register

18DParticulars of use of seclusion to be recorded in register

6Particulars of use of isolation to be recorded in register

7Article or thing not allowed in youth justice facilities

8Prescribed requirements for conducting searches

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ENDNOTES

STATUTORY RULES 2014

S.R. No. 91/2014

Children, Youth and Families Act 2005

Children, Youth and Families Amendment Regulations 2014

The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations:

Dated: 1 July 2014

Responsible Minister:

MARY WOOLDRIDGE
Minister for Community Services

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Children, Youth and Families Regulations 2007—

(a)as a consequence of the commencement of the Children, Youth and Families Amendment (Security Measures) Act 2014; and

(b)in relation to the use of isolation and the prohibition of certain articles and things in youth justice facilities.

2Authorising provision

These Regulations are made under section 600 of the Children, Youth and Families Act 2005.

3Commencement

These Regulations come into operation on 1 July 2014.

4Principal regulations

In these Regulations, the Children, Youth and Families Regulations 2007[1] are called the Principal Regulations.

5New Part 2A inserted

After Part 2 of the Principal Regulations insert—

"PART 2A—SECURE WELFARE SERVICES

18AArticle or thing not allowed in secure welfare services

For the purposes of section 72F(2)(a)(v) of the Act, lighters, matches, cigarettes and other tobacco products and unauthorised electronic equipment are things not allowed in secure welfare services.

18BPrescribed requirements for conducting searches

(1)For the purposes of section 72F(3)(c) of the Act, the prescribed requirements are that a staff member carrying out a search must—

(a)ensure that the search is not conducted by more staff members than reasonably necessary to ensure the safety of the staff members and the person being searched; and

(b)in the case of an unclothed search—

(i)conduct the search in a private place or an area that provides reasonable privacy for the child resident being searched; and

(ii)subject to section 72D(3) of the Act, not touch the child resident's body; and

(iii)allow the child resident to dress in private immediately after the search is finished; and

(iv)if an item of clothing is seized from a child resident during a search, provide the child resident with appropriate clothing to wear; and

(v)enter information in a register in accordance with subregulation (2).

(2)The staff member in charge must establish and maintain a register that includes the following information in relation to each unclothed search carried out—

(a)the name of the child resident who is subjected to the unclothed search;

(b)the name and position of the person who caused the unclothed search to be conducted;

(c)the reason for the unclothed search;

(d)the date and time the unclothed search was conducted;

(e)the name and gender of all staff members present at any time during the unclothed search;

(f)details of any article or thing seized during the unclothed search.

18CPrescribed requirements for seizure register

(1)For the purposes of section 72I(2) of the Act, the prescribed information to be entered in the seizure register is—

(a)the name of the person from whom the article or thing was seized (if known); and

(b)the date and time of the seizure; and

(c)a description of the article or thing seized; and

(d)details of the discovery of the article or thing; and

(e)the name and signature of the staff member who seized the article or thing; and

(f)details of the manner in which the article or thing was dealt with.

(2)For the purposes of section 72N(2) of the Act, the prescribed details to be recorded in the seizure register are—

(a)the date, time and manner of disposal; and

(b)the name and position of the person who endorsed the disposal under section 72M(c)(i); and

(c)the names and signatures of the staff members carrying out the disposal.

18DParticulars of use of seclusion to be recorded in register

For the purposes of section 72P(6) of the Act, the prescribed particulars to be recorded are—

(a)the name of the child resident secluded; and

(b)the time and date seclusion commenced; and

(c)the reason why the child resident was secluded; and

(d)the name and position of the person who authorised the seclusion; and

(e)the frequency of staff supervision and observation; and

(f)the time and date of release from seclusion.

__________________".

6Particulars of use of isolation to be recorded in register

(1)For regulation 31(e) of the Principal Regulations substitute—

"(e)the frequency of staff supervision and observation;".

(2)Regulation 31(f) of the Principal Regulations is revoked.

7Article or thing not allowed in youth justice facilities

In regulation 32 of the Principal Regulations, after the word "matches" insert ", cigarettes and other tobacco products".

8Prescribed requirements for conducting searches

In regulation 32A(1)(b) and (2) of the Principal Regulations, for "strip search" (wherever occurring) substitute "unclothed search".

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ENDNOTES

[1] Reg. 4: S.R. No. 21/2007. Reprint No. 1 as at 27 March 2013. Reprinted to S.R. No. 35/2012. Subsequently amended by S.R. No. 140/2013.